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, THURSDAY, FEBRUARY 2, 2017 No. 18 House of Representatives The House met at 10 a.m. and was Victims were people from all types of And let me make it clear once again: called to order by the Speaker pro tem- backgrounds. Mr. Speaker, they all had This is not taxpayer funded money. pore (Mr. BOST). something in common. They were a si- Criminals paid for this. Criminals are f lent group of people who were preyed paying the rent on the courthouse and on by criminals. After the crime was they are paying for the system that DESIGNATION OF SPEAKER PRO over, many suffered for years. they have created. TEMPORE Finally, Congress came up with a So what is the problem? The SPEAKER pro tempore laid be- novel idea, a law that established the Well, the problem is, Mr. Speaker, fore the House the following commu- Crime Victims Fund to support victims only a fraction of that money is spent nication from the Speaker: of crime. But instead of using taxpayer each year for victims, depriving them WASHINGTON, DC, money for the fund, Congress had a dif- of needed services and that money. February 2, 2017. ferent idea. Why not force the crimi- More money continues to go in the I hereby appoint the Honorable MIKE BOST nals, the traffickers, the abusers, and fund every year because less and less of to act as Speaker pro tempore on this day. other folks to pay for restitution for a percentage of it is spent, thus, the $12 PAUL D. RYAN, the victims of crime. They inflicted billion. Speaker of the House of Representatives. pain and suffering on innocent people. Mr. Speaker, the fund, every year, is f They should be the ones to pay for robbed, literally, by Congress to offset the costs of totally unrelated things, MORNING-HOUR DEBATE that. So in 1984, when President Ronald literally stealing money from the vic- The SPEAKER pro tempore. Pursu- Reagan was President, he signed the tims and sending that money to the ant to the order of the House of Janu- Victims of Crime Act, otherwise known abyss of the Federal Treasury to offset ary 3, 2017, the Chair will now recog- to us as VOCA. Because of this new special pet projects. That money does nize Members from lists submitted by law, convicted felons in Federal Court not belong to Congress to spend on the majority and minority leaders for are assessed fees and fines and must anything other than victims of crime. morning-hour debate. pay into the Crime Victims Fund. The It belongs to the victims who have en- The Chair will alternate recognition money in this fund is to be used for a dured suffering and abuse. between the parties, with each party wide range of victim services: Victims do not have a high-priced, limited to 1 hour and each Member It establishes and takes care of do- high-dollar lobbyist to come up here to other than the majority and minority mestic violence shelters, where spouses Washington and advocate on their be- leaders and the minority whip limited can hide from their abusers. half to get the money that they are en- to 5 minutes, but in no event shall de- It establishes rape crisis coalition titled to. That is our responsibility, bate continue beyond 11:50 a.m. centers. Congress’ responsibility. They expect f It promotes and sends money to vic- us to be their voice. tim advocates throughout the United JIM COSTA from California and I are DON’T ROB VICTIMS OF CRIME States who go to court with victims of co-chairs of the Victims’ Rights Cau- The SPEAKER pro tempore. The crime, especially violent crime. cus, and we believe the first responsi- Chair recognizes the gentleman from It gives victims restitution and pays bility of government is to protect the Texas (Mr. POE) for 5 minutes. for critical medical and counseling pro- innocent, especially those robbed, pil- Mr. POE of Texas. Mr. Speaker, be- grams. laged, and sexually assaulted by crime. fore I came to Congress, I spent my It also goes to train police officers. It Congress needs to quit stealing the other life in the criminal justice sys- does a lot of good things and is wisely money from victims and giving it to tem, first as a prosecutor in Texas, and spent by the Angels of Compassion in other projects. We must stop this rob- then as a criminal court judge for over victim services that help restore vic- bing by bureaucrats, taking money out 22 years. I heard about 20,000 to 25,000 tims. of the crime fund, so that we can en- felony cases during that time, every- Over the years, because our Federal sure victims have access to the re- thing from stealing to killing. I saw a judges have continued to fine and as- sources that they need to become sur- lot of people come to the courthouse, sess greater penalties to criminals, the vivors of crime. and most of those individuals did not VOCA fund, as of today, holds approxi- To achieve this goal, Representative want to be there. That included defend- mately $12 billion. That is a lot of JIM COSTA and I have reintroduced the ants, but it also included victims of money, even for Washington, D.C. Crime Victims Fund Preservation Act. crime. What a wonderful idea. This bill creates a ‘‘lockbox’’ to ensure

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 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.000 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H882 CONGRESSIONAL RECORD — HOUSE February 2, 2017 that money in the fund cannot be used to maintain healthy diets on a con- MUSLIM BAN for anything other than victims’ pro- sistent basis. Without additional bene- The SPEAKER pro tempore. The grams authorized under the law of the fits, we know that people are making Chair recognizes the gentleman from VOCA statute in 1984. very difficult choices. They have to Virginia (Mr. GARRETT) for 5 minutes. Victims must be rescued and taken choose between food or medicine, be- Mr. GARRETT. Mr. Speaker, in 1947, care of. The bill ensures the money tween food for their families or stable Senator Arthur Vandenberg famously that victims are entitled to is in a safe housing. stated that politics stop at the water’s place from pilfering hands. Give the Research from the Center on Budget edge. What that meant was that par- victims a fighting chance, and do not and Policy Priorities has found that in- tisan fighting and attacks should cease continue to victimize them more by creasing SNAP benefits by a mere $30 when they compromise America’s role taking restitution money from them. per month would lower food insecurity, in missions abroad and, indeed, when It is just wrong to play this financial decrease fast-food consumption, and in- they compromise the safety and secu- ledger mumbo-jumbo that Congress crease vegetable consumption. rity of Americans abroad as well. plays every year to take money away Yesterday, Mr. Speaker, I sat in the from victims and give it to other Similarly, USDA’s Healthy Incen- tives Pilot provided SNAP recipients in Homeland Security Committee and projects. heard over two dozen references from Don’t touch victims’ money. It is Hampden County, Massachusetts, with my esteemed colleagues across the just wrong, Mr. Speaker. additional benefits if they purchased aisle to a Muslim ban. When President And that is just the way it is. targeted fruits and vegetables, and it Obama expanded its own screening for f was highly successful. The result was an increase in healthy food consump- refugees for majority Muslim nations, END HUNGER NOW tion. Participants in this pilot con- he said it was because of ‘‘the growing The SPEAKER pro tempore. The sumed 26 percent more targeted fruits threat from foreign terrorist fighters,’’ Chair recognizes the gentleman from and vegetables per day and spent more and nary a peep was heard. Massachusetts (Mr. MCGOVERN) for 5 of their SNAP benefits on these items Our colleagues across the aisle said minutes. than did nonparticipants. this Muslim ban will endanger Ameri- Mr. MCGOVERN. Mr. Speaker, a re- cans and serve as a recruiting tool to We know that low-income families cent USDA report on ‘‘Foods Typically ISIS. Mr. Speaker, I agree, except there who rely on SNAP have to make dif- Purchased by SNAP Households’’ has is no Muslim ban. ficult choices in trying to stretch their sparked conversation in the press and Talk of a Muslim ban makes Ameri- meal budgets and often select cheaper on Capitol Hill about ways to promote cans less safe at home, true; it makes foods that contain refined grains and healthy eating among those who rely Americans less safe abroad, true; and if added sugars and fats. This research on SNAP benefits. Quite frankly, I am politics stop at the water’s edge and from the Center on Budget and the re- troubled by the way the report has there is no Muslim ban, then why use sults of projects such as the one in been characterized and by some of the partisan politics to perpetrate false- Massachusetts confirm what we know responses. hoods that do just those very things. to be true: providing additional re- Flashy headlines and convenient Let’s look at the facts: sources for food to families living in sound bites selectively highlighting Of the 2.3 billion Muslims on the poverty will enable them to make findings that tell only half the story planet Earth, 11 percent live in the healthier choices for themselves and are damaging to what should be our countries named in Mr. Trump’s execu- their families. shared goal of ensuring that our most tive order. Nine-tenths of 1 percent live vulnerable neighbors have the support We should not be demonizing the in Syria, a single nation pulled out for they need for their families. In fact, poor by policing their shopping carts, heightened scrutiny. one of the key findings in the report is Mr. Speaker. It is far too easy and has The duration of the heightened scru- that the spending habits by SNAP become far too commonplace for those tiny held to the Syrian refugee popu- households and non-SNAP households of us with steady incomes and pay- lation is one-half that of the same ac- are very similar. checks that provide us with access to tion taken by Mr. Trump’s predecessor, I think it is safe to say that all of us the healthiest foods to second-guess President Obama, as it related to Iraqis could be making healthier choices the choices of these families struggling in 2011 when nary a peep was heard be- when it comes to the food that we eat. to make ends meet. It is insulting and cause politics are supposed to stop at But if we want to talk about promoting it is mean-spirited and more than a lit- the water’s edge. healthy eating among those who rely tle hypocritical to suggest that we We hear questions: Does the Presi- on SNAP, we need to start by enhanc- meal plan for those living in poverty dent have a constitutional right to do ing and making further investments in while we continue feeding our families this? I say, no, he has a constitutional nutrition education programs, increas- the same foods that some of us suggest duty to do this. ing access to healthy foods in under- we should limit in our antihunger pro- We look at Article II and see the served communities, and expanding pi- grams. clear and present danger clause. We lots that have proven effective in in- Eating more nutritious foods should hear the language of the Obama admin- creasing fruit and vegetable consump- be a goal for all of us, Mr. Speaker. It istration speaking of growing terrorist tion. Most importantly, Mr. Speaker, will lead to better health, reduced med- threats from abroad. We see in Article we need to increase SNAP benefits so ical costs, more engaged kids who are II and in the oath that the President low-income families have the ability to able to learn better, and also more pro- takes that it is his duty to protect purchase healthier foods. ductive adults. Americans from all threats, all en- Last Congress, the House Agriculture emies, foreign and domestic. Committee completed a thorough re- But if we are going to promote So what we know is that the execu- view of SNAP—17 hearings. As ranking healthier eating and work to end hun- tive order affects a scant 7 of well over member of the Nutrition Sub- ger now, we must start by increasing 50 majority-Muslim nations. There is committee, I participated in each of the current SNAP benefits. And I no religious test because it also affects these hearings, and we heard time and would say to any of my colleagues who millions of Christians living in these time and time again that the current dealt this: You try living on a SNAP nations. It affects about 11 percent of SNAP benefit, which averages $1.40 per budget. You try living on $1.40 per per- the global Muslim population. There person per meal, is inadequate. It is son per meal. You will find it not only are exceptions granted. hard to buy a cup of coffee these days difficult to put food on the table, but We know that ISIS is using the ref- for $1.40. especially challenging to make nutri- ugee system to infiltrate Western na- This meager benefit is often too low tious and healthy choices. tions. We know that first- or second- for families to stave off hunger during As we consider the next farm bill, let generation radical Islamists have the month, and certainly does not pro- us enhance the SNAP benefit. It is the killed over 70 Americans since Boston vide enough support to allow families right thing to do. and wounded over 300 on U.S. soil.

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.002 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H883 b 1015 religion, he is insulting and turning his oppose any ban that is based on nation- We know that, just over a month ago, back on our Constitution—a Constitu- ality or religion, but it is unacceptable a dozen innocent individuals at a tion that keeps us safe, a Constitution that business interests have played po- Christmas market in Berlin were mur- that, by its own example, helps to keep tentially a role in such a destructive dered and 50 more were injured by a the world safe. policy that also makes our country less Let’s be clear. When Mr. Trump bars refugee. We know that the fallacious safe in the long run. This move will a man like Hameed, an interpreter who concept of a Muslim ban inflames and likely damage relationships with our helped protect our troops from coming enrages our enemies and serves as a re- Muslim allies who are fighting ISIS into our country, because of his reli- cruiting tool. militants, and be used as a tool by the gion, he is not protecting us; he is en- So the question then becomes: Why Islamic State to increase their recruit- dangering us and he is endangering the do some Members of this esteemed ment and radicalization efforts. world. We cannot let it stand. We must Of course, my friends in the majority body continue to perpetuate what is resist. and in the White House claim that the willful ignorance at best and a false- seven countries under this order were hood at worst? Why say there is a Mus- f similarly targeted by our previous ad- lim ban when there is not? UPHOLDING OUR NATION’S VAL- ministration. In reality, President Mr. Speaker, if politics stop at the UES OF A DEMOCRATIC GOVERN- Trump’s discriminatory ban is dras- water’s edge, then Members won’t play MENT tically different than President loose with the facts to score political The SPEAKER pro tempore. The Obama’s specific changes to the State points. Members won’t advance a false Chair recognizes the gentleman from Department Visa Waiver Program, in narrative that endangers Americans. Wisconsin (Mr. POCAN) for 5 minutes. which the changes focused on expedited Members will support this President, Mr. POCAN. Mr. Speaker, it is only visa privileges for dual nationals and as they did the last President, as he day 13 into the Donald Trump adminis- did not target all citizens from specific seeks to discharge his duty to defend tration and we are already faced with countries; but I will bet you didn’t hear the United States, its citizens, and our yet another round of questions about Sean Spicer make that distinction. In- Constitution against all enemies, for- President Trump’s potential conflicts stead, the administration is busy eign and domestic. of interest over his business holdings. downplaying the number of people who The most recent issue to raise ques- f were impacted by this decision and is tions is President Trump’s Muslim ban claiming that only 109 people were af- TRUMP IMMIGRATION EXECUTIVE executive order. At face value, this ac- fected—aka alternative facts. At least ORDER tion looks like yet another harmful 700 people were denied boarding after step in his divisive agenda. Trump’s The SPEAKER pro tempore. The the order was issued, and 90,000 people Chair recognizes the gentlewoman from hateful scapegoating of refugees will make us less safe, and it goes against in these countries already have visas California (Ms. BROWNLEY) for 5 min- but will not be able to travel to the utes. our country’s moral fiber and small ‘‘d’’ democratic values. It is hard to be- United States. Ms. BROWNLEY of California. Mr. It is time for the President to stop lieve that these seven countries were Speaker, last Saturday, a U.S. Army defending his divisive and unconstitu- targeted based on a serious threat that interpreter, who risked his life serving tional executive order and start being was posed by their citizens who were our country for over a decade in Mosul transparent about his business inter- and Baghdad, was stopped at the air- traveling to the United States. The people responsible for some of ests. Every President who has been port and detained for 18 hours. His the most egregious attacks on Amer- elected in the modern era has released name was Hameed Khalid Darweesh. ican soil in recent decades, including 9/ his tax records to ensure the American Why was he detained? 11, the Times Square bombing, the Bos- people that his actions will not be im- Because he came from a country that ton Marathon bombing, the Pulse pacted by financial holdings. After was singled out by President Trump be- nightclub shooting, and others did not promising throughout the campaign to cause of the religion of its people. He come from these seven countries. In release his tax returns, President did so not to increase safety, but to in- fact, refugees from these countries al- Trump’s advisers recently announced still fear. ready face a lengthy and rigorous vet- that he will indefinitely hide this infor- When people are afraid, they tend to ting process led by our security intel- mation from the public. These holdings let their President and their elected ligence agencies. This 20-step process potentially put President Trump in di- leaders do anything they think will involves multiple background checks, rect violation of the Emoluments protect them, and they ignore just interviews, and screenings, and it fre- Clause of the Constitution on day one. about everything else. quently takes between 18 and 24 The safeguard is designed to prevent When the American people are afraid, months for approval. corruption and foreign influence over they might ignore a President’s prom- However, these seven countries do policy decisions by not allowing Fed- ise that he would ‘‘drain the swamp.’’ have at least one thing in common. Ac- eral officials to take money from a for- When they are afraid, they might for- cording to Bloomberg News, The eign entity without there being con- get that a President has treated Vladi- Trump Organization does not have gressional approval; but we have seen mir Putin better than he has treated business or has not pursued business report after report of foreign leaders the heads of state of our allies and deals in any of them. President Trump and diplomats choosing to stay at the trading partners. They might ignore does, on the other hand, have business Trump International Hotel in Wash- his attacks on women, on minorities, ties to other countries in the region ington, D.C., in order to gain favor on our environment, on our health that were excluded from the ban. His with the administration. They stand to care, on our civil rights, on our public FEC filings indicate The Trump Orga- profit from foreign governments, in- education system; and they might even nization has development projects in cluding a big paycheck from a Chinese ignore investigations into his vast con- Saudi Arabia and business projects pos- bank, which is a large tenant at the flicts of interest. sibly related to Egypt. These countries Trump Tower. These are just tip-of- They might be willing to overlook were excluded from the executive order the-iceberg examples of direct conflicts the very principles of our Constitution despite their being home to many of in both domestic and foreign policy that, indeed, make us safe. One of these the terrorists who carried out 9/11. In under this President. principles is freedom of religion, be- Turkey, President Trump has a licens- Mr. President, it is time for you to cause our Founding Fathers knew that ing deal for two luxury towers to use fix this. One, divest your business hold- despots all over the world have used his name—a deal he received up to $5 ings immediately to remove any sug- fear of another group’s religion to do million for just last year. He also has gestion of there being a conflict in terrible, terrible things throughout the licensing agreements with businesses your decisionmaking. Two, show us history of man. So when the President in other countries in the region. your tax returns so that your business singles out who can come into this I am not saying that we should ban and financial interests are transparent country and who cannot based on one’s people from these countries. I firmly to the American people. Three, get rid

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.005 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H884 CONGRESSIONAL RECORD — HOUSE February 2, 2017 of your unconstitutional executive got a plan. We have got an engineering It will be a tall task replacing Dante order, which will make us less safe and design. All we need is the money—the in my office, but I am comforted and only serve to embolden our enemies. investment—by the Government of the take pride in the fact that Dante will Short of that, we will have to take United States. Now, we have a Speaker make a huge difference in a new capac- other actions, including legislative di- who says, ‘‘Oh, if it is worth doing, the ity. rectives, resolutions of disapproval, private sector will do it.’’ No. This is When I first came to Congress and even exploring the power of impeach- an asset which serves both private and was deciding who I wanted to represent ment. public interests, and it needs a Federal me in the field; who I wanted to serve The SPEAKER pro tempore. Mem- investment. That is $4 billion. the families I care so much about; and bers are reminded to refrain from en- If you go all the way up to Boston, who had the compassion, presence, and gaging in personalities toward the you are looking at over $30 billion: leadership abilities to make a dif- President. bridges—critical bridges—that are 100, ference back in Chicago, I knew that f 110, 120, 130 years old and that are fall- Dante was the difference maker that I ing apart. It is time for some action needed. ACTING ON AMERICA’S here. Dante has a million dollar mind and INFRASTRUCTURE PLAN If we go a little further north, up to an irreplaceable heart. He is the pulse The SPEAKER pro tempore. The New York, we have the Hudson River of the people with a gift for public serv- Chair recognizes the gentleman from tunnel, which is another engineering ice. Oregon (Mr. DEFAZIO) for 5 minutes. miracle. The Hudson River tunnel was It is no secret that the Chicagoland Mr. DEFAZIO. Mr. Speaker, last completed in, oh, 1909. Then, of course, area has been rocked by gun violence week, President Trump traveled to even though that has held up pretty and economically distressing cir- Philadelphia to address the Republican well, it was flooded during Hurricane cumstances. And there is much that Conference. He talked about his pledge Sandy, and the salts that got in there needs to be done for the families of to spend $1 trillion on our crumbling are accelerating the erosion of that Chicago. It is sad that January of 2017 infrastructure, and he expressed frus- tunnel, and it is near the point of fail- has started off with just as many tration that it is not part of the first ure; so we would no longer be con- shootings as January of 2016—and 2016 100 days’ agenda of the Republican nected to New York City through the was the most violent year for Chicago leadership. I share that frustration. It Hudson River tunnel. There are 200,000 with nearly 700 gun deaths last year. is never on the agenda for the Repub- passengers who use that every day. But Dante holds the belief that I do, lican leadership to invest in American That would be a blow not only to the that nothing stops a bullet like an op- infrastructure. New York and regional economy, but portunity. And each year, he has been We did manage to pass a bill through to the national economy should that a lead staffer on my team in coordi- the last Congress—the FAST Act—that tunnel fail. nating a youth job and resource expo in was a decent continuation of our in- Other countries are making these in- the Second Congressional District. vestments, but it lacked funding dra- vestments. I was in Japan last year. Through this work, Dante has helped matically, and at the end of 5 years, They have a rail system that they built me leave a mark in offering economic our infrastructure will be in worse con- 40 years ago. It has run on time for 40 opportunity, mentorship, and job readi- dition. So I share the President’s frus- years. It has had no accidents for 40 ness training to thousands of tration. years, and it travels at about 200 miles Chicagoland youth, helping to ensure He also said, ‘‘fix it first.’’ Last week, an hour. We, the great United States of the success of the next generation. I talked about harbors. It is easy to America, can sometimes get trains up He will be gone from my office, but take care of the harbor issue. All you to 20, 30 miles an hour—at critical sec- his service continues. Congratulations, have to do is spend the tax for the pur- tions of this rail infrastructure—but Dante, and continued success to his pose for which it has been collected, we do not have time for that. First, we wonderful wife and his brilliant daugh- but the Republicans don’t want to do have to repeal the Affordable Care Act. ters, Jordan and Payton. that. Then we have to cut taxes for the I am honored to have the privilege to Today I am going to talk a little bit wealthiest among us, and maybe they have worked with you. And on behalf of about rail—in particular, the North- will build the tunnels and bridges and the families of the Second Congres- east Corridor. We had a report by Am- name them after themselves. I don’t sional District, thank you so much for trak that assessed the needs on this think so. They will be buying more a job well done. corridor, which is shared by freight and super yachts and expensive places to go CHICAGO GUN VIOLENCE rail and carries a phenomenal number on vacation. Ms. KELLY of Illinois. Mr. Speaker, of people and goods every day. Over It is past time for this Congress to last month, as I mentioned, Chicago 2,200 Amtrak commuter and freight act in making critical investments in suffered just as many gun shootings as trains work some portion of this route America’s infrastructure. Yesterday, I the year before, and 2016 was a record- every day. However, it is in a state of unveiled a clock which tracks the cost setting month itself. serious disrepair. of delays and congestion to the econ- I have come to the floor countless One of the most critical areas is in omy and to the people of the United times to draw attention to this epi- Baltimore, the Baltimore and Potomac States on a daily basis because of dete- demic. Last week, President Trump Tunnel. It was an investment made by riorated infrastructure. The clock is threatened to send in the Feds in re- the Government of the United States of ticking. It is time to stop that clock sponse to the carnage. It was very dis- America. It began during the Civil War and rebuild our country. heartening to hear and see on the news and finished just after. It has held up. f that my colleagues made jokes at their That is a pretty amazing amount of b 1030 Republican retreat last week about time, but it is at the point of failure this. now, and if that tunnel fails, it will DANTE SAWYER GOODBYE This morning, he spoke at the Na- choke off all of the movement of goods The SPEAKER pro tempore. The tional Prayer Breakfast. In that vein, I and people from Washington, D.C.— Chair recognizes the gentlewoman from remind him of the Gospel of Matthew: points south—to the northeast. It is a Illinois (Ms. KELLY) for 5 minutes. violence begets violence; hate begets major economic engine—a hugely pop- Ms. KELLY of Illinois. Mr. Speaker, I hate. ulated area of the United States of rise today to thank a long-time staff The proper response is not threat of America. member in my office, Dante Sawyer, more force, increased demonization, or The tunnel fix has gone through an who, after nearly 4 years of service to further withering of police-community environmental impact statement; so the families of the Second Congres- relations. they can’t drag out with, ‘‘Oh, it is sional District, is moving on to new op- More cops on the beat alone is not those darned regulations and environ- portunities to work in the office of the solution. It is mentorship, job mental restrictions. We can’t get it Cook County State’s Attorney Kim training, and increased economic de- done.’’ No. We can get it done. We have Foxx. velopment.

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.006 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H885 Nothing stops a bullet like an oppor- Dr. Mitchell and her sister, who also co-chair. Last Congress, it was with tunity. I keep an open invitation to attended North Texas State Univer- our friend Congressman MIKE President Trump to visit my district so sity, were the first African Americans FITZPATRICK from Pennsylvania—a bi- he can learn this himself and speak to initiated into the North Texas Green partisan effort involving over 130 men those in the trenches, and those vic- Jackets, a student community service and women in Congress who are dedi- timized by gun violence, instead of just organization further cultivating Dr. cated to efforts of animal protection. demonizing in 140 characters from the Mitchell’s love for public service and The welfare of animals says a lot safety of the White House residence. education. about us. Animal abuse is often a pre- REAFFIRM INTERNATIONAL ALLIANCES In 1970, after graduating from North cursor to domestic violence. We find Ms. KELLY of Illinois. Our inter- Texas State University with a bachelor that the health and welfare of animals national alliances are vital to U.S. se- of science in secondary education, Dr. in our communities speak to the envi- curity. Allies like Australia have never Mitchell married her husband, Glenn ronmental protections. We find that failed to answer the U.S.’s call for help. Mitchell, and moved to Omaha, Ne- people who are able to deal meaning- For decades, Australia and the U.S. braska. In Omaha, she continued her fully with animal welfare have a have cooperated on everything from work in public service, teaching chance, in many cases, to have benefits military and intelligence to diplomacy science and chemistry for 15 years at that go far beyond what you would and trade. Omaha Burke High School, culmi- imagine. Yet, now, as we face increasing ten- nating as the supervisor of all science Animals have a capacity to have a calming influence on people. We see sions in the Asia Pacific, President education for the entire Omaha public this as volunteers bring pet rabbits to Trump seems determined to promote school system. nursing homes to be able to deal with instability and uncertainty. In 1991, Dr. Mitchell took an instruc- To assist with the rebalance to Asia, tor position at the University of Ne- people. Animals have a way of reducing people’s blood pressure. It is a great the United States has 2,500 marines braska Omaha, and for the next 22 symbiotic relationship. stationed in Darwin. This forward pos- years, Dr. Mitchell educated future science teachers in the college of edu- Here in Congress, we have a wide va- ture allows the U.S. greater oper- riety of areas that we can work on to- ational flexibility and military inte- cation. It was during this time that Dr. Mitchell earned her doctoral degree gether to advance animal protections. gration with Australia. We have strengthened laws against ani- I encourage President Trump to co- from the University of Nebraska-Lin- mal fighting. We have raised awareness ordinate more closely with the State coln. Dr. Mitchell’s public service went far about the barbaric practice of horse Department so he can fully understand soring injuring them to produce the beyond just the Omaha and Midwestern the delicate balance of international distinctive gait. We promote humane region, to include work and study affairs. treatment of animals in agricultural abroad. Among her many postdoctoral Historical tensions between countries research, to be able to reduce the accomplishments, she twice had the like Taiwan and China, and India and harmful effects on animals in produc- honor of working at Oxford University Pakistan require particular attention tion of cosmetics. to historical precedents and agree- in England and through her service We have bipartisan legislation that ments. with the African Methodist Episcopal would allow people to have their ani- The U.S. will gain nothing by pro- Church, and she conducted Summer mals at domestic violence shelters, or jecting uncertainty or hostility toward Science Institute courses in chemistry for emergency services. our allies. They have sent their sons and biology for students and teachers One of the things that was most jar- and daughters off to war on our behalf and countries across Southern Africa. ring for me, illustrated by what hap- and formed bonds on the battlefield Since 1991, she has received 21 pened with Katrina—2005 hurricane in that will never be forgotten. awards, including the STEM Legacy New Orleans—that there were times I urge my colleagues to reaffirm our Award from the Empowerment Net- where people would not abandon their international alliances and reject ef- work earlier this year, and the UNO home because they were afraid of what forts by the administration to under- Alumni Excellence in Teaching Award would happen to their puppy. mine decades of peace and security. in 2009. We have seen women who are in a sit- f Dr. Mitchell has led a vibrant and in- uation of domestic violence refuse to spiring life of public service in edu- HONORING DR. CAROL MITCHELL leave their abuser because they are cation and has worked to enrich the afraid of what is going to happen to The SPEAKER pro tempore. The lives of all of her students and cowork- their kitten that would be left behind. Chair recognizes the gentleman from ers through her love of science and edu- I am pleased that, in this Congress, Nebraska (Mr. BACON) for 5 minutes. cation. the Republican co-chair is going to be Mr. BACON. Mr. Speaker, I rise this Her many accolades and awards my friend Congressman VERN morning to commemorate African throughout her life as a student, educa- BUCHANAN from Florida. VERN brings to American History Month by honoring tor, and public servant attest to the this issue personal passion, energy, and one of the exceptional Americans who legacy she has left. new ideas. And I am quite confident we resides in our district in Omaha. Though starting life with the chal- will continue the efforts with the cau- Dr. Carol Mitchell’s career of public lenges of a segregated community, she cus to be able to promote animal wel- service and her dedication to education has persevered to obtain the epitome of fare, promote understanding on Capitol has made her a true hero and an inspi- success and enhance our communities Hill. ration to us all. and Nation. Undoubtedly, Dr. Mitchell We have had, on a monthly basis, bi- Dr. Mitchell was born and raised in, has had a lifetime of influence, and her partisan briefings of legislation with what was at the time, a segregated legacy will endure for many genera- Republican and Democratic cosponsors Port Arthur, Texas. Her identical twin tions to come. that garner broad support. And I am sister, Bishop Sarah Davis, graduated f hopeful together that this can be, in a as covaledictorians from Lincoln High time when there is more than a little School in Port Arthur. After gradua- IMPORTANCE OF ANIMAL contention and controversy—that this tion, she attended North Texas State WELFARE IN OUR COMMUNITIES is an area that we can come together University in Denton. North Texas The SPEAKER pro tempore. The to work on, on Capitol Hill. State University afforded Dr. Mitchell Chair recognizes the gentleman from We are supported by organizations her first educational experience with Oregon (Mr. BLUMENAUER) for 5 min- like the American Society for the Pre- an integrated school. utes. vention of Cruelty to Animals, the Ani- During this time, Carol had the for- Mr. BLUMENAUER. Mr. Speaker, mal Welfare Institute, Born Free, The tune of studying chemistry and geol- today we are starting efforts to refor- Humane Society; representative of the ogy at Morris Brown College and at mulate the Animal Protection Caucus over 25,000 organizations across the Emory University through summer here for this Congress. I have been country that are dedicated to animal education programs. pleased for several years to serve as the protection.

VerDate Sep 11 2014 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.008 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H886 CONGRESSIONAL RECORD — HOUSE February 2, 2017 I am hopeful that each of my col- chair of the Congressional Heart and islative work they are called to do. leagues will join us in this bipartisan Stroke Coalition, where my colleagues May their prayers this day be authen- effort, focus on simple commonsense and I work very hard to raise the tic and heard by You, the living God. things that we can do that bring us to- awareness about the prevalence and May their work be fruitful and bene- gether to promote animal welfare, to the severity of cardiovascular disease. ficial to those whom You favor, the be able to make all of God’s creatures Last Congress, Mr. Speaker, I intro- poor. And may all they do be done in better off, and in so doing, reinforce duced the Return to Work Awareness humility and charity, knowing that we our humanity. Act, which would assist survivors of are all earthen vessels through whom f stroke and other debilitating health Your Spirit might shine forth. occurrences to be able to return to And, finally, may all that is done AMERICAN HEART ASSOCIATION— work. this day be for Your greater honor and GO RED FOR WOMEN CAMPAIGN Mr. Speaker, I will always be an ac- glory. The SPEAKER pro tempore. The tive participant in education and Amen. Chair recognizes the gentlewoman from awareness. I will reintroduce that im- Ohio (Mrs. BEATTY) for 5 minutes. portant piece of legislation this month, f Mrs. BEATTY. Mr. Speaker, today I during American Heart Month, and I rise to support American Heart Asso- invite all my colleagues, Democrat and THE JOURNAL ciation’s Go Red for Women campaign. Republican, to join me in sponsoring The SPEAKER. The Chair has exam- The Go Red for Women campaign is this piece of legislation. ined the Journal of the last day’s pro- an incredible public awareness initia- This month, as we celebrate Amer- ceedings and announces to the House tive, spearheaded by the American ican Heart Month, let us recommit our- his approval thereof. Heart Association to promote heart- selves to becoming more educated Pursuant to clause 1, rule I, the Jour- healthy lifestyles. about cardiovascular diseases, improv- nal stands approved. We have great results. Since Go Red ing our heart health, and continuing to for Women started in 2004, more than fight against this devastating disease. f 627,000 women’s lives have been saved, Today, Mr. Speaker, I want the Na- and I am so proud that I was an tion to know that women will stand on PLEDGE OF ALLEGIANCE initiator and supporter of Go Red for the Capitol steps, and we will have our Women in my great State of Ohio in photo taken, all dressed in red, because The SPEAKER. Will the gentle- the capital city of Columbus. we want to stand united to help edu- woman from Florida (Ms. ROS- Yes, we have made great progress, cate this Nation, that if we stand to- LEHTINEN) come forward and lead the Mr. Speaker, but we still have a long gether, maybe, just maybe, we can send House in the Pledge of Allegiance. way to go in helping to prevent cardio- a strong signal to America that we can Ms. ROS-LEHTINEN led the Pledge vascular disease, including stroke. fight against this disease. of Allegiance as follows: Cardiovascular diseases claim more I want to personally thank Nancy I pledge allegiance to the Flag of the lives each year than all forms of cancer Brown for allowing me to serve with United States of America, and to the Repub- lic for which it stands, one nation under God, combined, and it is just not women, her on the Board, and welcome the new indivisible, with liberty and justice for all. Mr. Speaker. That includes men, also. CEO, Steven Houser, and so many of However, women do have a higher risk the volunteers across this Nation and f of stroke than their male counterparts. the leaders because we know, Mr. In fact, 90 percent of all women have Speaker, that we need to recognize all ANNOUNCEMENT BY THE SPEAKER one or more risk factors for developing Americans who are battling heart dis- The SPEAKER. The Chair will enter- heart disease. Collectively, cardio- ease and express gratitude to all of tain up to 15 requests for 1-minute vascular disease and stroke cause one them. speeches on each side of the aisle. in three women’s death each year, kill- f ing approximately one woman every RECESS f minute. The SPEAKER pro tempore. Pursu- b 1045 ant to clause 12(a) of rule I, the Chair RECOGNIZING NATIONAL Yet, even with these eye-catching declares the House in recess until noon CATHOLIC SCHOOLS WEEK statistics, according to the American today. (Ms. ROS-LEHTINEN asked and was Heart Association, almost half of all Accordingly (at 10 o’clock and 48 given permission to address the House the women, Mr. Speaker, are not aware minutes a.m.), the House stood in re- for 1 minute and to revise and extend of heart disease, and that it is the lead- cess. his remarks.) ing cause of death for women. f Ms. ROS-LEHTINEN. Mr. Speaker, as For African American women like our Nation celebrates National Catho- me, the risk of heart disease is far b 1200 lic Schools Week, I rise to recognize greater. Cardiovascular disease is the AFTER RECESS the lasting contributions of Catholic leading cause of death for African The recess having expired, the House education in my south Florida commu- American women, killing almost 50,000 was called to order by the Speaker at nity. annually. Of African American women noon. Carrollton School of the Sacred ages 20 and older, 49 percent have heart Heart, Our Lady of Lourdes Academy, f disease, but only 1 in 5 African Amer- and Immaculata-LaSalle High School ican women believe they are personally PRAYER are just a few of the many Catholic in- at risk. The Chaplain, the Reverend Patrick stitutions serving my district. These Mr. Speaker, I was one of them. I suf- J. Conroy, offered the following prayer: schools do more than just provide their fered a cerebral brain stem stroke in We give You thanks, O God, for giv- students with an excellent education, 1999. But after my personal experience, ing us another day. Mr. Speaker. Each one of them is also I decided to do something about it. I There have been many prayers this dedicated to instilling a religious decided to get more engaged, and I am day rising to You from those engaged grounding and moral values in our stu- so proud to say that I was appointed to in the political discourse of this Na- dents so that they can dedicate their serve on the American Heart Associa- tion. We give You thanks for those who lives to serve our God, their families, tion Board, and at that time, I was the were able to gather at the National and our community. only non-healthcare professional or Prayer Breakfast and those across this Congratulations to the teachers, ad- cardiovascular physician on the board. land who joined their prayer intentions ministrators, and staff at our fantastic That is why, Mr. Speaker, when I with the many who attended. Catholic schools. Thank you for your came to Congress, I decided that I Bless the Members of this people’s dedication to building a brighter future would be engaged, and I became the co- House now as they gather to do the leg- for all of south Florida.

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.029 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H887 FUNDING LEGAL SERVICES IN SLEEP APNEA IN THE RAILROAD with family in Heaven and playing a PROTECTION FROM EXECUTIVE INDUSTRY round of golf. Augusta is a better place ORDERS (Mr. SIRES asked and was given per- because of Dessey Kuhlke. We will re- member him often. (Mr. CORREA asked and was given mission to address the House for 1 permission to address the House for 1 minute.) f minute.) Mr. SIRES. Mr. Speaker, I rise to 100TH ANNIVERSARY OF BUF- recognize the grave consequences that Mr. CORREA. Mr. Speaker, today I FALO’S HISTORIC COLORED MU- undetected obstructive sleep apnea has am introducing the DREAMers, Immi- SICIANS CLUB on safety in the railroad industry. grants, Refugees—or DIRe—Legal Aid (Mr. HIGGINS of New York asked and Obstructive sleep apnea is caused by Act. This bill will fund legal services to was given permission to address the the obstruction of the airway during protect them from the recent executive House for 1 minute.) sleep. Untreated sleep apnea can cause orders. Mr. HIGGINS of New York. Mr. unintended sleep episodes that may re- Speaker, as the Nation recognizes In my district last week, I held an sult in attention deficits and in a loss Black History Month, I rise to pay immigration town hall. The place was of situational awareness. It is a serious tribute to a special history in my west- packed with people who were afraid for safety concern in railroading and has ern New York community. their neighbors and afraid for our com- been a factor in numerous crashes: This Friday marks the 100th anniver- munities, and this was before the exec- The September New Jersey Transit sary of the opening of Buffalo’s historic utive order was released. When I was at crash in Hoboken, New Jersey, was op- Colored Musicians Club. The club’s ori- LAX this past Saturday evening, I saw erated by an engineer with gin stretches back to 1917 when a group the fear escalate. President Trump’s undiagnosed sleep apnea; of African American musicians sought executive orders directly challenge the In April 2011, a BNSF coal train col- to create its own safe haven in a then- due process rights that are guaranteed lided with a standing train in Iowa segregated community. They banded to all of us under the Constitution. that resulted in the deaths of two crew together, organized, and started Local members. Medical records showed that My legislation will help DREAMers, 533 of the American Federation of Mu- both crew members had multiple risk immigrants, and refugees have access sicians. factors for sleep apnea; to legal representation. Refugees are Some of the world’s most prolific jazz In December 2013, a Metro-North already vetted by the State Depart- musicians have performed at the club. Railroad passenger train derailed, kill- ment, and the State Department does a The likes of Billie Holiday, Duke ing four passengers and injuring 60. very good job. If we want to do extreme Ellington, and Ella Fitzgerald all im- The engineer feel asleep due to vetting, let’s do it right, and let’s do it pressed crowds in the building near the undiagnosed sleep apnea. legally. corner of Broadway and Michigan. I am pleased that the Federal Rail- If we wish to remain a beacon of free- Through the years, the Colored Musi- road Administration finally released a dom to the world, we must stand up for cians Club has become an important safety advisory that calls for railroads immigrants and refugees who look to community and cultural center, fea- to screen train operators for sleep America as a place of hope. We can’t turing a museum to educate new gen- apnea, and I hope it is instituted quick- just claim we are the greatest Nation erations of the club’s key role in Buf- ly. in the world—we have to be the great- falo and our country’s history. est Nation in the world. f As this landmark celebrates a cen- tury of work, we support its continued REMEMBERING DESSEY L. f success and celebrate the example it KUHLKE sets in advancing the coming together MICHIGAN ON THE FOREFRONT OF (Mr. ALLEN asked and was given of community and culture. AUTOMOTIVE AND TECHNO- permission to address the House for 1 f LOGICAL INNOVATION minute and to revise and extend his re- marks.) HONORING FORMER (Mr. WALBERG asked and was given Mr. ALLEN. Mr. Speaker, last week, REPRESENTATIVE TOM BARLOW permission to address the House for 1 the Augusta community mourned the (Mr. COMER asked and was given minute.) loss of a legend in the business commu- permission to address the House for 1 Mr. WALBERG. Mr. Speaker, I rise nity—Dessey Landrum Kuhlke. minute.) to highlight an exciting, new develop- Dessey was the most caring and self- Mr. COMER. Mr. Speaker, I rise to ment that builds on Michigan’s leader- less leader I had ever known. As a long- honor the life and legacy of Thomas ship in the auto industry. time resident of the area, Dessey grad- Jefferson Barlow, III—a former Mem- uated from Georgia Southern Univer- ber of this honorable body—who passed Earlier this week, General Motors sity and served in the United States away on Tuesday, January 31, at the and Honda announced a joint venture Army from 1959 to 1965. age of 76. to produce an advanced hydrogen fuel I was fortunate enough to work for Mr. Barlow, a Democrat, represented cell system. With an investment of $85 him and with him during my 35-year the citizens of Kentucky’s First Con- million, this operation will bring new, career in construction and the develop- gressional District from January 3, good-paying jobs, and it will be based ment industry. I had the opportunity 1993, until January 3, 1995. Mr. Barlow at a manufacturing facility in south- to serve alongside him in the Augusta was a tremendous public servant who east Michigan. This is just the latest Exchange Club and sit in front of him had a positive impact on thousands of example of how Michigan continues to on Sundays at Trinity on the Hill people. He was dedicated to making be on the forefront of automotive and United Methodist Church. lives better, but he never sought fame technological innovation that has the Dessey was a husband, a father, a or glory. He got satisfaction in having potential to revolutionize the industry. grandfather, a friend, and a mentor to his voice heard and in influencing pub- Mr. Speaker, that is not all. A few many in our community. He and his lic policy. weeks ago, GM also announced a plan wife, Barbara, lost two of their chil- He was born in Washington, D.C., but to invest an additional $1 billion in dren at a young age, and Dessey was his family roots ran deep in Ballard United States manufacturing, which the rock that held that family to- County, Kentucky, where his ancestor will create thousands of jobs for Amer- gether. and namesake, Thomas Jefferson Bar- ican workers. Mr. Speaker, I have recently lost two low, was an original settler in the town With our State’s world-class work- of my heroes: Arnold Palmer in Sep- of Barlow. He grew up in Chevy Chase, force and commitment to cutting-edge tember and Dessey Kuhlke last week. Maryland, and graduated from Sidwell research, Michigan will remain a glob- But through the loss, I can’t help but Friends School in Washington, D.C. al automotive leader for generations to smile when I think about the possi- In his political career and private come. bility of those two getting together life, he worked tirelessly to help the

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.013 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H888 CONGRESSIONAL RECORD — HOUSE February 2, 2017 less fortunate, to create jobs, to im- America’s Catholic schools educate consideration of the joint resolution are prove the environment, and to improve over 2 million students from diverse waived. The joint resolution shall be consid- education. His professional career in- backgrounds each year, effectively pre- ered as read. All points of order against pro- cluded work in State government and paring them for a brighter future and visions in the joint resolution are waived. The previous question shall be considered as as a business executive. instilling in them faith-filled values. ordered on the joint resolution and on any Although he lost his reelection bid in Data show that Catholic schools are amendment thereto to final passage without 1994, he was not discouraged and con- often the highest-performing edu- intervening motion except: (1) one hour of tinued to make his voice heard by run- cational institutions in our commu- debate equally divided and controlled by the ning for additional races for the House nities. In fact, 99 percent of students chair and ranking minority member of the and the U.S. Senate. In fact, he used from Catholic schools graduate from Committee on Oversight and Government the same vehicle in all of his cam- high school. Reform; and (2) one motion to recommit. paigns, and its odometer topped 400,000 This week, I applaud Catholic schools The SPEAKER pro tempore (Mr. miles when it finally wore out after 13 for making a difference with students GRAVES of Louisiana). The gentleman years. He was always outspoken and throughout our country; I applaud the from Oklahoma is recognized for 1 stood up for what he felt was right educators who invest in their students’ hour. even if it was in opposition to his own academic and spiritual formation; and Mr. COLE. Mr. Speaker, for the pur- political party’s views. I applaud the 28 Catholic grade schools pose of debate only, I yield the cus- He lived with his wife of 28 years, and high schools that faithfully work tomary 30 minutes to the gentleman Shirley Pippin Barlow, in Paducah, in the 18th Congressional District of Il- from Colorado (Mr. POLIS), pending Kentucky, where he was a former di- linois. which I yield myself such time as I rector of the River City Mission, which Today I am a cosponsor of a resolu- may consume. During consideration of helped homeless people get on their tion that expresses congressional sup- this resolution, all time yielded is for feet, and the Lone Oak Kiwanis Club. port of Catholic schools for their in- the purpose of debate only. He was also an active member of the valuable contributions to students and GENERAL LEAVE Grace United Methodist Church in La families across America. It is with deep Mr. COLE. Mr. Speaker, I ask unani- Center, Kentucky. gratitude that I recognize those Catho- mous consent that all Members have 5 I ask my colleagues to join me in lic educators who are shaping the next legislative days to revise and extend sending condolences to the Barlow fam- generation. their remarks. ily. The SPEAKER pro tempore. Is there f f objection to the request of the gen- b 1215 REFUGEE BAN tleman from Oklahoma? PROVIDING FOR CONSIDERATION There was no objection. (Ms. ADAMS asked and was given Mr. COLE. Mr. Speaker, on Tuesday, permission to address the House for 1 OF H.J. RES. 36, PROVIDING FOR CONGRESSIONAL DISAPPROVAL the Rules Committee met and reported minute.) a rule for consideration of two impor- Ms. ADAMS. Mr. Speaker, 2015: OF A FINAL RULE OF THE BU- REAU OF LAND MANAGEMENT, tant measures, which would overturn ‘‘Calls to ban Muslims from entering two significant onerous regulations fi- the U.S. are offensive and unconstitu- AND PROVIDING FOR CONSIDER- ATION OF H.J. RES. 37, DIS- nalized in the waning days of the tional.’’—Governor MIKE PENCE. Obama administration. 2016: ‘‘A religious test for entering APPROVING A RULE SUBMITTED BY THE DEPARTMENT OF DE- First, the resolution provides for the our country is not reflective of our fun- consideration of H.J. Res. 36, providing damental values. I reject it.’’—Speaker FENSE, THE GENERAL SERVICES ADMINISTRATION, AND THE NA- for congressional disapproval of the so- PAUL RYAN. called BLM methane rule. The rule pro- 2017: Acceptance from both PENCE TIONAL AERONAUTICS AND vides for 1 hour of debate, equally di- and RYAN. SPACE ADMINISTRATION vided and controlled by the chair and What has changed? Mr. COLE. Mr. Speaker, by direction the ranking member of the Natural Re- This unconstitutional executive of the Committee on Rules, I call up order and its hasty implementation has sources Committee and provides for a House Resolution 74 and ask for its im- motion to recommit. created chaos and confusion at our Na- mediate consideration. tion’s airports. With the stroke of a In addition, the resolution provides The Clerk read the resolution, as fol- for consideration of H.J. Res. 37, pro- pen, President Trump negligently and lows: shamefully turned his back on thou- viding for congressional disapproval of H. RES. 74 sands of desperate men, women, and the so-called blacklisting rule. The children who were fleeing war zones. Resolved, That upon adoption of this reso- rule provides 1 hour of debate, equally lution it shall be in order to consider in the Green card holders and visa card hold- divided and controlled by the chair and House the joint resolution (H.J. Res. 36) pro- ranking member of the Oversight and ers who have been denied entry and de- viding for congressional disapproval under tained for hours have dominated our Government Reform Committee and chapter 8 of title 5, United States Code, of provides for a motion to recommit. news. the final rule of the Bureau of Land Manage- Mr. Speaker, burdensome regulations This is not who we are. ment relating to ‘‘Waste Prevention, Produc- This ban will make America safer. tion Subject to Royalties, and Resource Con- are crippling our businesses. The That is an alternative fact. This ban servation’’. All points of order against con- Obama administration finalized 38 emboldens our enemies, serves as a re- sideration of the joint resolution are waived. major rules between election day and cruitment tool for terrorists, and puts The joint resolution shall be considered as inauguration day. It is estimated those our servicemembers in the Middle East read. All points of order against provisions rules will cost our economy $41.2 bil- in the joint resolution are waived. The pre- in greater danger. That is fact. lion. Sadly, this was just par for the vious question shall be considered as ordered course with the previous administra- I urge my Republican colleagues to on the joint resolution and on any amend- speak out just like they did in 2015 and ment thereto to final passage without inter- tion. In 2016, the Obama administration 2016. We can’t afford your silence. vening motion except: (1) one hour of debate finalized over 400 regulations at a cost of over $160 billion to the economy. f equally divided and controlled by the chair and ranking minority member of the Com- Over the entire Obama Presidency, RECOGNIZING NATIONAL mittee on Natural Resources; and (2) one mo- over 3,000 regulations, at a cost of CATHOLIC SCHOOLS WEEK tion to recommit. $873.6 billion, were finalized. (Mr. LAHOOD asked and was given SEC. 2. Upon adoption of this resolution it I am heartened by President Trump’s permission to address the House for 1 shall be in order to consider in the House the regulatory freeze, which has been esti- joint resolution (H.J. Res. 37) disapproving mated to save over $180 billion in regu- minute and to revise and extend his re- the rule submitted by the Department of De- marks.) fense, the General Services Administration, latory costs, followed by his executive Mr. LAHOOD. Mr. Speaker, I rise to and the National Aeronautics and Space Ad- order which aims to revoke two regula- commemorate National Catholic ministration relating to the Federal Acquisi- tions for every new regulation put for- Schools Week. tion Regulation. All points of order against ward.

VerDate Sep 11 2014 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.014 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H889 Specifically, H.J. Res. 36 overturns even small businesses, rather than fo- bills. This is a closed rule, including the BLM methane rule. The rule is a cusing on jobs or having constructive two of mine. significant regulatory overreach by the conversations about immigration, are First, let’s talk about the methane Bureau of Land Management. Under worried about their employees and, in waste rule. It is very important to my the Clean Air Act, the Environmental some cases, even their owners being de- constituents where fracking has wors- Protection Agency has the authority ported or not allowed back after con- ened the quality of the air and upset to regulate methane emissions, which ducting business overseas. neighborhoods across my district in it currently does. Instead, the BLM has Republicans apparently would rather Colorado. help shield large corporations from decided to also assert authority over b 1230 methane in a way that is both duplica- transparency, eliminate regulations tive and unnecessary, yet has signifi- that protect families from water and The first amendment offered in the cant negative impact on jobs, energy air pollution, and require companies to Rules Committee was to the methane production, and Federal, State, and follow wage rules. waste rule, and it would have added local revenues. To add to this uncertainty and fear, Bureau of Land Management scientific Mr. Speaker, this is a regulation in President Trump has signed an execu- findings. It would offer transparency search of a problem. According to a tive order already that bans refugees and truth to this Congressional Review 2015 EPA study, methane emissions and citizens from predominantly Mus- Act, providing facts about methane, from both natural gas systems and lim countries. Well, America is a na- methane waste, and why it is necessary crude oil production have fallen by sig- tion of immigrants—those who fled po- for this rule to be moved forward. nificant margin, even while oil and litical and religious persecution, vio- Without this rule, we would be seeing a natural gas production have exploded. lence in their home countries, and lot more of this in areas like my dis- The BLM flaring rule is both costly those seeking to build a family in a trict and my State. and unnecessary. country that values freedom and up- In the last few weeks, a war on The second rule considered by this holds civil rights. science has been begun by this admin- resolution is similarly a solution in Our new President has decided that istration. If we support facts, then we search of a problem. For decades, the the best use of taxpayer money is to should let facts speak for themselves Federal Government has had a suspen- build a wall on our southern border. and be as objective as possible. We sion and debarment process in place to Our President has used his first 2 should have allowed that amendment deny Federal contracts to bad actors weeks in office to generate fear and un- which would have listed the scientific who violate basic worker protections. certainty among vulnerable households truths around methane and this rule. who may lose their health insurance However, President Obama signed an Scientific facts are clear. The cur- rather than create jobs and improve executive order directing various agen- rent rule would supply energy for up to our economy. The new President has cies to add another layer of bureauc- 740,000 more households per year. Rath- even limited the ability of the Environ- racy onto the Federal procurement sys- er than burn that methane into the at- mental Protection Agency to commu- tem. Prior to awarding a contract, mosphere, we can actually provide en- nicate with the public about things each agency’s contracting officer and a ergy for 740,000 more households; and like methane flaring. newly created labor compliance adviser that methane is 25 times more dan- The two Congressional Review Act gerous and potent as carbon dioxide for will be required to review both viola- resolutions we are discussing today— tions and alleged violations to deter- worsening the impact of global warm- like the previous ones that, I should ing. mine whether an employer should be point out, do not follow regular order— awarded a Federal contract. Even the Even if you want to ignore the en- they didn’t receive any hearings in this ergy impact of helping more Americans courts have agreed this is overreach. In Congress. They were a closed rule with October of 2016, a Federal district judge have power or the climate impacts of no amendments allowed. I offered two increasing climate change, if we look blocked enforcement of these rules, cit- amendments to the methane rule ing concerns with the violation of due at this rule from a jobs perspective, amendment. Neither were allowed to this CRA would destroy American jobs. process rights and executive overreach. even be debated on this floor of this For these reasons, Mr. Speaker, it is I would like to explain how this House, no less adopted. methane waste CRA rule will affect the critical that we prevent implementa- I would like to quote from Speaker jobs of thousands of employees of the tion of these rules which are unneces- RYAN when he took the gavel in Octo- more than 70 companies headquartered sary and add even more regulatory bur- ber of 2015. He said: ‘‘We need to let in the U.S. that provide services and dens to our struggling businesses and every member contribute—not once equipment to identify and capture nat- anemic economy. they have earned their stripes, but ural gas and methane leaking from Mr. Speaker, I urge support for the right now.’’ In a further quote, Speaker pipelines, processing equipment, and rule and the underlying legislation. RYAN said: ‘‘The committees should re- I reserve the balance of my time. take the lead in drafting all major leg- wells, including many in my home Mr. POLIS. Mr. Speaker, I yield my- islation. If you know the issue, you State of Colorado. This rule directly self such time as I may consume. should write the bill. Open up the proc- threatens the livelihood of many busi- I rise today in opposition to this rule ess.’’ nesses and employees in my home and the underlying resolutions. ‘‘In other words, we need to return to State. The resolutions that this rule pro- regular order.’’ If, for some strange reason, the job vides consideration for threaten our air Yet, here we are again with two creation argument isn’t enough for and don’t protect the American people. CRAs that did not come through reg- you, how about the hundreds of mil- My colleagues on the other side of the ular order, did not have a hearing with lions of dollars American taxpayers aisle claim that somehow repealing no opportunity for Members on either would collect over the next decade these rules will create jobs. It will ac- side of the aisle, Democrats or Repub- from additional royalties? tually destroy jobs, jobs that are asso- licans, with good ideas to make these Oil and gas companies are required to ciated with recapturing methane. pieces of legislation any better. Appar- pay for the methane they collect and This is what a methane flare looks ently, Speaker RYAN’s commitment sell from public lands, and the more like. I drive by them in Colorado, and doesn’t apply to CRAs or issues that that is captured rather than burned off, the potential for capturing, rather keep our air and water clean or protect the better not only for the companies than flaring that methane, is impor- workers. and the employees, but also for tax- tant for the quality of our air and to I would like to ask that Speaker payers as we try to reduce our budget reduce our emissions. RYAN explain to his colleagues how he deficit. The House majority has made it their is sticking to his commitment of reg- An estimated $140 million in royal- priority to instill fear and uncertainty ular order and to clarify what that ties over the next decade would be lost in hardworking American families. means. if this CRA moves forward. That is $140 People, who come here legally on visas Not one amendment was allowed to million more in deficit spending that who have lived here for many years, be heard on the floor on either of these this rule signifies if it were to pass, and

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.017 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H890 CONGRESSIONAL RECORD — HOUSE February 2, 2017 that is why it is opposed by Taxpayers The issue of leaking methane, in par- While we may disagree on that, and for Common Sense and most other fis- ticular, is partially addressed by this we may be able to offer and bring to cally conservative groups. rule, which, by the way, doesn’t go far the floor amendments regarding agen- Again, if job creation, science, and enough. However, what they wrote has cy authority, that is the appropriate taxpayer savings aren’t enough, how been proven to work in creating jobs venue for this discussion. about the cancer-causing impacts, car- and cleaning up our air. Let’s move on to the other bill under cinogenic effects, of oil and gas drill- In Colorado, we have a methane rule this rule, the Fair Pay and Safe Work- ing? that, frankly, this rule is largely based places bill. My Republican colleagues Stacy Lambright lives in Thornton, on, and I know it has worked in Colo- continue to refer to this order as a Colorado, near my district with her rado. And while we need to do a lot bet- problematic order. Unfortunately, it is husband, Eric, and her two kids, Jack ter in my home State, at least some another attempt to mislead the Amer- and Molly. Stacy became a community level of baseline can work for the whole ican people. This is a tactic the Repub- activist and a member of Moms Clean country. lican elite have called ‘‘providing alter- Air Force after she found out her Oil production on Federal lands went native facts.’’ neighborhood park frequented by chil- up 28 percent between 2010 and 2015 The rule under CRA today comes dren and families was directly next to under the Obama administration. from the Fair Pay and Safe Workplaces a leaking oil and gas fracking well. There is no question that BLM has and executive order, and it is sorely needed Stacy and her family have been liv- still has authority to regulate meth- legislation. What this rule says is, if ing in the neighborhood for over 14 ane. It is a waste of taxpayer money, a you are a company that consistently years, and they have started to experi- misuse of our public lands to do any- breaks the law, without regard for your ence health concerns after oil and gas thing other than to reduce our meth- workplace, workers, taxpayers, or the drillers moved in. Since 2015, Stacy’s ane emissions. community, you should not receive been documenting an unusual amount Just as an aside, the benefits of this millions of dollars in taxpayer con- of nosebleeds in her family. Just as re- rule include increased job creation, tracts. cently as Monday, her daughter had a cleaner air, healthier families, and the It makes common sense to me. If you nosebleed, while her son had six climate. are abusing workers, have engaged in BLM was extraordinarily conscien- nosebleeds last month, something they tax fraud, why would we want to con- tious when drafting this rule. They never had before. And Stacy’s hus- tract with you with our taxpayer dol- held eight public forums. They ex- band’s asthma has significantly in- lars? tended the comment period for 75 days. creased. Companies that cut corners in safety Over 300,000 public comments were col- They have lived in the neighborhood or fair pay, dozens of other areas, lected and addressed. The BLM’s meth- for 14 years and only recently, since shouldn’t get to compete for our tax- ane rule was done out in the open with the drilling occurred, have they had payer money against good actors and public input as opposed to, by the way, these health impacts. There have been companies that play by the rules. Ev- this process, which was done behind no changes in their home or sur- erybody needs to start from a level closed doors, without a public hearing, rounding neighborhood other than the playing field. and didn’t even have a committee hear- increased amount of fracking and oil Now, to be clear, there are only a few ing. and gas wells and leaks, documented It doesn’t make sense to use the CRA bad actors. The vast majority of com- leaks, to existing wells. to repeal this BLM methane rule. This panies have no issue at all with this This methane rule further threatens BLM methane rule creates jobs, pro- rule. But unscrupulous actors who have the health of constituents as we gather tects our families, saves taxpayer ignored the law, violated the law, cut additional data, and that is why Stacy money, and reduces our budget deficit. corners, should not be rewarded; and, is advocating for stronger legislation The second amendment I offered got to this day, there are a few bad actors and better management practices, not to the heart of the problem with CRAs that continue to receive billions of dol- worse management practices, with re- in general. Regardless of the rules that lars of your taxpayer money in Federal gard to existing oil and gas wells. they are impacting, they are a reck- contracts. The safety and health of Stacy’s fam- less, blunt tool, and they are not the In 2010, a GAO report proved that ily should be a top priority for Con- right instrument for honest, thought- there was a problem. GAO investigated gress, but it appears, instead, the Re- ful legislating. 15 Federal contractors cited for vio- publicans’ top priority in this resolu- If Congress has a problem with the lating hundreds of Federal labor laws tion is bringing us back to a time when authority under which the methane enforced by the Department of Labor, our water is polluted, our skies are rule was issued, we should amend the OSHA, and the National Labor Rela- smoggy, and health issues from dirty statutory authority of the agency, not tions Board. The Federal Government air are a burden for families. use a congressional resolution of dis- awarded these 15 Federal contractors I know it has been argued—we prob- approval. over $6 billion in government contract ably will again—that oil and gas com- My other amendment simply said obligations, your money going to panies are fixing and capping leaks on that the agency has the right and au- known violators in 2009 alone. their own, but that is false. There is a thority to write a rule impacting this How about that for waste, fraud, and massive amount of gas leaked every issue which, otherwise, the CRA could abuse? day, and these companies have not re- effectively prevent; and due to that un- Now, look, I don’t know about my duced methane emissions from the certainty, passing the CRA creates colleagues on the other side of the field one bit. Again, absent this rule, even more uncertainty for the indus- aisle, but fiscal responsibility is core we will see more of this kind of activ- try. to my beliefs as a Member of Congress. ity, not less. As the Denver Post, a newspaper that That is why I am a proud cosponsor of Another argument is that infrastruc- has endorsed dozens of Republicans an amendment to require a balanced ture, like pipelines, is important to over the last few years, said in regards budget. prevent methane flaring. And of course to this methane waste rule: ‘‘Congress I believe in the value of hard work that is true, but a GAO report says is getting ready to use an ax where it and personal responsibility. If we know that only 9 percent of venting and flar- needs a scalpel.’’ a company is cutting corners, taking ing is due to the lack of infrastructure, The Congressional Review Act is one the easy way out, and avoiding the re- so it is only a small part of the overall of the most ridiculous tools to be used sponsibility of the law, why would we issue. by Congress, and, regardless of whether reward them with your money? And, by the way, this rule doesn’t you disagree or agree with the policy, Organizations throughout the coun- block or in any way impede any new the better way to approach it would be try, representing a diverse group of infrastructure projects, and more infra- to amend the statutory authority of stakeholders, agree. The Leadership structure alone clearly won’t solve the the agency to make it clear whether Conference on Civil and Human Rights, problem of leaking wells and flaring they have the authority to issue this the Paralyzed Veterans of America, the methane. kind of rule and under what conditions. Service Employees International Union

VerDate Sep 11 2014 02:36 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.019 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H891 all join me in opposition to this Con- tions. The Clean Air Act, again, is al- protections, not demeaning them or de- gressional Review Act. They recognize ready in place. The EPA has the au- creasing them. The more than one in the value of hard work. They don’t sup- thority. If we need to do something, five Americans who would be affected port companies who cheat. I don’t let’s do it. should be protected by our labor laws. know why my Republicans colleagues In terms of the disbarment procedure Mr. COLE. Mr. Speaker, I yield my- do. for contractors, what we have is al- self such time as I may consume. This rule modernizes an antiquated ready awfully robust. Almost 2,000 I just want to make a couple of good system. Right now it is virtually im- firms, or on 2,000 occasions, companies points. Remember, my friends, disbar- possible for procurement officials to were disbarred in 2015 from Federal ment is already a very common proce- know if company A has had any viola- contracting work. It was the same in dure. It was invoked over 2,000 times. tions when they are up against com- 2014. So there is something in place. We So having another regulatory hurdle pany B for a contract. If company A don’t need additional regulatory ex- and hoop to jump through, just simply has been cheating workers out of over- pense, additional people working for isn’t necessary. time and that allows them to underbid the government. We can rely on the Again, these regulations were, frank- Company B, they shouldn’t get the procedures we already have. ly, generated in the final waning contract and be rewarded for violating My friend is concerned about the months of the Obama administration. the law. lack of hearings. I would remind him, They haven’t been in action, and there This executive order will increase co- while we haven’t had hearings on these is sort of a regulatory fit. It is not, by ordination, simplification, access to in- items in this Congress, we certainly did the way, unusual for just the last ad- formation, and streamline the system. on both of them in the last Congress, in ministration. All administrations have This executive order does not set up some cases, multiple hearings. There is this tendency near the end, and that is any way for companies to be banned or not any need to rehash and go over the one of the reasons why we have the disbarred. That process has always ex- same ground, in my view. Congressional Review Act in the first isted and will still exist alongside this Finally, in terms of just the process place, so that when administrations, in as a separate, independent process. In itself, the Congressional Review Act their waning days, decide they want to fact, what this process does is it pro- actually limits the form in which these leave difficult situations or push vides a remedial path for companies to sorts of things can be brought forward. through things that they didn’t see fit right the ship, to get right with the If amendments are made in order, to do over an 8-year period, Congress law, to be eligible, once again, for Fed- frankly, the item loses its privilege in can expeditiously make sure that those eral contracts. the United States Senate, which, obvi- regulations aren’t put in place and A simple or rare mistake should, of ously, changes the speed at which you businesses are forced to begin to com- course, not bar a company from par- can move and perhaps even the number ply with them. ticipating in the Federal recruitment of votes that are required to actually As I pointed out in my opening re- process. Instead, companies with re- move forward. marks, the regulations released by the peated and excessive transgressions So we think, again, these are items last administration—over 3,000 of them should be helped to follow the law and that have been explored, looked at, de- in an 8-year period—cost the economy create a better workplace and be re- bated. The evidence is pretty clear. We over $870 billion. The regulations that warded to be better stewards of tax- think it is important to move quickly were issued between election day and payers dollars. in these areas, and I would urge the Inauguration Day cost the economy Mr. Speaker, I reserve the balance of body to do so. Adopt the rule. Support over $40 billion. That is real money. my time. the underlying legislation. That is real investment that could go Mr. COLE. Mr. Speaker, I yield my- Mr. Speaker, I reserve the balance of elsewhere and could hire people. self such time as I may consume. my time. So I would think that these, along Mr. POLIS. Mr. Speaker, I yield 2 Not surprisingly, my friend and I with the other Congressional Review minutes to the gentlewoman from Con- have a number of disagreements on the Act bills that will be coming forward, necticut (Ms. DELAURO). wisdom of getting rid of these par- and have already come forward, will Ms. DELAURO. Mr. Speaker, I rise in ticular regulations. We do agree on the actually give the economy a much- importance of actually capturing opposition to this rule. What does this rule do? It enables the needed shot in the arm, will help stim- methane gases. Frankly, my friend is repeal of protections for American ulate job creation and movement, and right. That is a profitable thing, and workers. These are regulations that en- we have a timeframe in which we have most companies try to do it on their sure that Federal contractors must dis- to operate. own. close labor violations across 14 basic So if we actually followed all of the We do, frankly, need more infrastruc- labor laws. procedures my friend suggested, many ture in this area, no question about of these regulations, frankly, would that. The BLM has been less than coop- b 1245 never get reviewed before they went on erative in allowing that infrastructure Our Federal contractors employ ap- the books. to be built on Federal land, and that proximately 28 million workers, and So it is better to act quickly. I think has made this problem more difficult while the vast majority of contractors it is better for American business. than it needs to be. are in compliance, unfortunately, Again, I urge the support of the rule But it is important to recognize, every year American workers are de- and the underlying legislation. overall, the amount of methane gas nied their overtime wages, they are I reserve the balance of my time. that actually escapes has gone down discriminated against for their gender, Mr. POLIS. I am prepared to close if steadily and, frankly, dramatically, or their age, or had their health and the gentleman doesn’t have any re- even as production has moved up. So their safety put at risk. maining speakers. additional regulation is unlikely to Why is this Republican majority Mr. COLE. I am certainly prepared to change that process. It may actually working so hard to ensure that billions close. complicate it. of taxpayer dollars continue to go to Mr. POLIS. Mr. Speaker, I yield my- In terms of where the appropriate au- contractors that cheat their workers? self the balance of my time. thority lies, again, I would just remind This executive order targets those bad First of all, the gentleman from my friend, as he knows, the Environ- actors and the most egregious cases. Oklahoma referenced that these have mental Protection Agency has the au- The intention of the executive order been the subject of hearings. I would thority to do this. So if it felt like it was to encourage compliance with the point out that there are over 50 new needed it, it could. law and level the playing field for con- Members of this body who were not The BLM has actually moved into a tractors who are playing by the rules. part of the last Congress who have not new area beyond its traditional juris- If there are no violations, bidders sim- had a chance to look at it. And there diction because it does not have au- ply check a box. has been time. thority, under the Clean Air Act, to What should we be doing here in this They could have had hearings and draft these kind of rules and regula- body? We should be increasing worker markups last week or the week before

VerDate Sep 11 2014 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.020 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H892 CONGRESSIONAL RECORD — HOUSE February 2, 2017 prior to these bills coming to the floor. the rules. We should value regulations is why, under current law, almost 2,000 I just came from a hearing in one my that protect our taxpayer dollars rath- companies were disbarred in 2015; a committees today. So they certainly er than increase our deficit by $140 mil- similar number in 2014. could have been done consistent with lion. We can do all of these things by So, again, what we have in place ap- the timeline, had that been the desire. simply defeating this rule and defeat- pears to be working. Why we would cre- But, again, the better approach, the ing the underlying bills. ate an additional hurdle, hire addi- correct approach, would be to amend or I urge my colleagues to vote ‘‘no’’ on tional people, and force companies to change the authorities of the author- the previous question, ‘‘no’’ on the do additional paperwork is beyond me. izing agency for these rules, rather rule, and ‘‘no’’ on the underlying bills. I don’t think it is the wise thing to do; than use the CRA process. I yield back the balance of my time. I don’t think it is the necessary thing Mr. Speaker, President Trump’s im- The SPEAKER pro tempore. Mem- to do. moral and unconstitutional executive bers are reminded to refrain from en- Mr. Speaker, in closing, I want to en- order banning Syrian refugees and sus- gaging in personalities toward the courage all Members to support the pending immigration from many coun- President. rule. tries is an attack on our core American Mr. COLE. Mr. Speaker, I yield my- H.J. Res. 36 and H.J. Res. 37 both values as a nation of law and a nation self such time as I may consume. undo regulations that should never of immigrants. I want to thank my friend. As al- have been made in the first place. By This callous indifference of human ways, he is always thoughtful, always a preventing the implementation of suffering not only has tarnished and good person to hold a debate and a con- these onerous, duplicative regulations, hurt our image abroad but harmed our versation with. we will relieve the burdens faced by national security by alienating allies On this one, we simply disagree. My American small business. The material previously referred to and providing terrorist groups with friend referenced some of the ‘‘conserv- by Mr. POLIS is as follows: new recruiting tools. ative groups’’ that are supporting the AN AMENDMENT TO H. RES. 74 OFFERED BY If we defeat the previous question, I maintenance of the flaring rule, the MR. POLIS will offer an amendment to the rule to BLM. At the end of the resolution, add the fol- bring up Representative LOFGREN’s bill Just for the record, I want to add to overturn and defund this dangerous lowing new sections: some that I am actually more familiar SEC. 3. Immediately upon adoption of this executive order. with: the Americans for Tax Reform, resolution the Speaker shall, pursuant to Let me be perfectly clear for people Citizens Against Government Waste, clause 2(b) of rule XVIII, declare the House watching what this vote means. A ‘‘no’’ Americans for Prosperity, and Tax- resolved into the Committee of the Whole vote on the previous question gives us payers Protection Alliance. All of House on the state of the Union for consider- the opportunity to overturn this order ation of the bill (H.R. 724) to provide that the those are in favor of the repeal of this and bring up Representative LOFGREN’s Executive Order entitled ‘‘Protecting the Na- regulation, and all of them think it bill. A ‘‘yes’’ vote means the House will tion from Foreign Terrorist Entry into the will actually save businesses money United States’’ (January 27, 2017), shall have continue to do nothing to stop Presi- and increase activity as opposed to the no force or effect, to prohibit the use of Fed- dent Trump’s executive action and, in- regulation which we think actually dis- eral funds to enforce the Executive Order, stead, choose with allowing more courages economic activity. and for other purposes. All points of order methane to be spewed into the atmos- Again, these are regulations—in both against consideration of the bill are waived. General debate shall be confined to the bill phere. cases, they were adopted in the final This will be the third such vote the and shall not exceed one hour equally di- waning days of the administration. House takes this week, and, so far, vided and controlled by the chair and rank- These are things that Congress had se- every vote cast by a Republican Mem- ing minority member of the Committee on rious doubts against, but, obviously, the Judiciary. After general debate the bill ber in Congress has been in favor of couldn’t override an administration shall be considered for amendment under the turning a blind eye to President when they were in office. five-minute rule. All points of order against Trump’s unconstitutional and dan- The Congressional Review Act itself provisions in the bill are waived. At the con- gerous order. clusion of consideration of the bill for is done, so we can do this sort of exer- The American people should take no- amendment the Committee shall rise and re- tice and insist that their elected Rep- cise after an administration leaves, and port the bill to the House with such amend- resentatives vote ‘‘no’’ and reject this actually go back and undo some of the ments as may have been adopted. The pre- administration’s disgraceful policy. damage that I think is routinely done vious question shall be considered as ordered Mr. Speaker, I ask unanimous con- by both parties in their waning days, on the bill and amendments thereto to final when they would actually be better off passage without intervening motion except sent to insert the text of my amend- one motion to recommit with or without in- ment into the RECORD, along with ex- to just simply let the new people get into their jobs and actually go about structions. If the Committee of the Whole traneous material, immediately prior rises and reports that it has come to no reso- to the vote on the previous question. their business. lution on the bill, then on the next legisla- The SPEAKER pro tempore. Is there We have appropriate regulatory au- tive day the House shall, immediately after objection to the request of the gen- thority in both of these areas. Again, the third daily order of business under clause tleman from Colorado? the Environmental Protection Agency 1 of rule XIV, resolve into the Committee of There was no objection. has the power under the Clean Air Act the Whole for further consideration of the Mr. POLIS. The fact that these CRA to issue whatever regulations it cares bill. to on methane. And here, frankly, we SEC. 4. Clause 1(c) of rule XIX shall not proposals that we have before us have apply to the consideration of H.R. 724. not gone through any sort of special ought to pat business on the back be- order, regular order; the fact that cause, as we have increased production THE VOTE ON THE PREVIOUS QUESTION: WHAT CRAs are cumbersome and reckless of both oil and natural gas, methane IT REALLY MEANS tools; and the fact that all they do is has consistently gone down dramati- This vote, the vote on whether to order the take away protections from our air and cally and steadily over the years. previous question on a special rule, is not from our workers should make it easy I suspect that process will continue merely a procedural vote. A vote against or- with or without the regulation of the dering the previous question is a vote for every Member of this body to join against the Republican majority agenda and me in voting ‘‘no’’ on this rule and on Federal Government because, quite a vote to allow the Democratic minority to the underlying bills. frankly, it makes good business sense. offer an alternative plan. It is a vote about We should be keeping regulations and And, quite frankly, most people in pri- what the House should be debating. standards predictable that put Ameri- vate business want to be good stewards Mr. Clarence Cannon’s Precedents of the cans at the top of our priority list, not to the environment. They are not out House of Representatives (VI, 308–311), de- oil and gas companies, and not compa- to try and damage our air or our water. scribes the vote on the previous question on The same thing is true in terms of the rule as ‘‘a motion to direct or control the nies that are bad actors and violate our consideration of the subject before the House law by refusing to pay overtime to bad actors—and there certainly are being made by the Member in charge.’’ To their workers. some bad actors—that engage in activi- defeat the previous question is to give the We should value clean air, and we ties that are inappropriate for Federal opposition a chance to decide the subject be- should value companies that play by contractors who violate the law. That fore the House. Cannon cites the Speaker’s

VerDate Sep 11 2014 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.022 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H893 ruling of January 13, 1920, to the effect that Accordingly (at 12 o’clock and 54 Babin Graves (GA) Paulsen ‘‘the refusal of the House to sustain the de- minutes p.m.), the House stood in re- Bacon Graves (LA) Pearce Banks (IN) Graves (MO) Perry mand for the previous question passes the cess. control of the resolution to the opposition’’ Barletta Griffith Pittenger Barr Grothman in order to offer an amendment. On March f Poe (TX) Barton Guthrie Poliquin 15, 1909, a member of the majority party of- Bergman Harper b 1305 Posey fered a rule resolution. The House defeated Biggs Harris Ratcliffe the previous question and a member of the Bilirakis Hartzler AFTER RECESS Reed opposition rose to a parliamentary inquiry, Bishop (MI) Hensarling Reichert asking who was entitled to recognition. The recess having expired, the House Bishop (UT) Herrera Beutler Renacci Speaker Joseph G. Cannon (R–Illinois) said: Black Hice, Jody B. Rice (SC) was called to order by the Speaker pro Blackburn Higgins (LA) ‘‘The previous question having been refused, Roby tempore (Mr. PALAZZO) at 1 o’clock and Blum Hill the gentleman from New York, Mr. Fitz- Roe (TN) 5 minutes p.m. Bost Holding Rogers (AL) gerald, who had asked the gentleman to Brady (TX) Hollingsworth Rogers (KY) yield to him for an amendment, is entitled to Brat Huizenga f Rohrabacher Bridenstine Hultgren the first recognition.’’ Rokita Brooks (AL) Hunter The Republican majority may say ‘‘the ANNOUNCEMENT BY THE SPEAKER Rooney, Francis Brooks (IN) Hurd vote on the previous question is simply a PRO TEMPORE Rooney, Thomas Buchanan Issa vote on whether to proceed to an immediate J. The SPEAKER pro tempore. Pursu- Buck Jenkins (KS) vote on adopting the resolution . . . [and] Ros-Lehtinen ant to clause 8 of rule XX, proceedings Budd Jenkins (WV) has no substantive legislative or policy im- Burgess Johnson (LA) Roskam plications whatsoever.’’ But that is not what will resume on questions previously Byrne Johnson (OH) Ross they have always said. Listen to the Repub- postponed. Calvert Johnson, Sam Rothfus lican Leadership Manual on the Legislative Votes will be taken in the following Carter (GA) Jordan Rouzer Royce (CA) Process in the United States House of Rep- order: Carter (TX) Joyce (OH) resentatives, (6th edition, page 135). Here’s Chabot Katko Rutherford Ordering the previous question on Chaffetz Kelly (MS) Sanford how the Republicans describe the previous Scalise question vote in their own manual: ‘‘Al- House Resolution 74; and Cheney Kelly (PA) Adoption of House Resolution 74, if Coffman King (IA) Schweikert though it is generally not possible to amend Cole King (NY) Scott, Austin the rule because the majority Member con- ordered. Collins (GA) Kinzinger Sensenbrenner trolling the time will not yield for the pur- The first electronic vote will be con- Collins (NY) Knight Sessions pose of offering an amendment, the same re- ducted as a 15-minute vote. The re- Comer Kustoff (TN) Shimkus sult may be achieved by voting down the pre- maining electronic vote will be con- Comstock Labrador Shuster Conaway LaHood Simpson vious question on the rule . . . When the mo- ducted as a 5-minute vote. tion for the previous question is defeated, Cook LaMalfa Smith (MO) Costello (PA) Lamborn control of the time passes to the Member f Smith (NE) Cramer Lance Smith (NJ) who led the opposition to ordering the pre- PROVIDING FOR CONSIDERATION Crawford Latta Smith (TX) vious question. That Member, because he Culberson Lewis (MN) Smucker then controls the time, may offer an amend- OF H.J. RES. 36, PROVIDING FOR Curbelo (FL) LoBiondo Stefanik ment to the rule, or yield for the purpose of CONGRESSIONAL DISAPPROVAL Davidson Long Stewart amendment.’’ OF A FINAL RULE OF THE BU- Davis, Rodney Loudermilk Stivers Denham Love In Deschler’s Procedure in the U.S. House REAU OF LAND MANAGEMENT, Taylor of Representatives, the subchapter titled Dent Lucas Tenney ‘‘Amending Special Rules’’ states: ‘‘a refusal AND PROVIDING FOR CONSIDER- DeSantis Luetkemeyer Thompson (PA) ATION OF H.J. RES. 37, DIS- DesJarlais MacArthur Thornberry to order the previous question on such a rule Diaz-Balart Marchant [a special rule reported from the Committee APPROVING A RULE SUBMITTED Tiberi Donovan Marino Tipton on Rules] opens the resolution to amend- BY THE DEPARTMENT OF DE- Duffy Marshall Trott ment and further debate.’’ (Chapter 21, sec- Duncan (SC) Massie FENSE, THE GENERAL SERVICES Turner Duncan (TN) Mast tion 21.2) Section 21.3 continues: ‘‘Upon re- ADMINISTRATION, AND THE NA- Upton Dunn McCarthy jection of the motion for the previous ques- Valadao TIONAL AERONAUTICS AND Emmer McCaul tion on a resolution reported from the Com- Wagner mittee on Rules, control shifts to the Mem- SPACE ADMINISTRATION Farenthold McClintock Faso McHenry Walberg ber leading the opposition to the previous The SPEAKER pro tempore. The un- Ferguson McKinley Walden question, who may offer a proper amendment finished business is the vote on order- Fitzpatrick McMorris Walorski or motion and who controls the time for de- ing the previous question on the reso- Fleischmann Rodgers Walters, Mimi bate thereon.’’ Flores McSally Weber (TX) Clearly, the vote on the previous question lution (H. Res. 74) providing for consid- Fortenberry Meadows Webster (FL) on a rule does have substantive policy impli- eration of the joint resolution (H.J. Foxx Messer Wenstrup cations. It is one of the only available tools Res. 36) providing for congressional dis- Franks (AZ) Mitchell Westerman Williams for those who oppose the Republican major- approval under chapter 8 of title 5, Frelinghuysen Moolenaar Gaetz Mooney (WV) Wilson (SC) ity’s agenda and allows those with alter- United States Code, of the final rule of Gallagher Mullin Wittman native views the opportunity to offer an al- the Bureau of Land Management relat- Garrett Murphy (PA) Womack ternative plan. ing to ‘‘Waste Prevention, Production Gibbs Newhouse Woodall Mr. COLE. Mr. Speaker, I yield back Gohmert Noem Yoder Subject to Royalties, and Resource Goodlatte Nunes Yoho the balance of my time, and I move the Conservation’’, and providing for con- Gosar Olson Young (AK) previous question on the resolution. sideration of the joint resolution (H.J. Gowdy Palazzo Young (IA) The SPEAKER pro tempore. The Res. 37) disapproving the rule sub- Granger Palmer Zeldin question is on ordering the previous mitted by the Department of Defense, NAYS—188 question. the General Services Administration, Adams Cartwright Davis, Danny The question was taken; and the and the National Aeronautics and Aguilar Castor (FL) DeFazio Speaker pro tempore announced that Space Administration relating to the Barraga´ n Castro (TX) DeGette Bass Chu, Judy Delaney the ayes appeared to have it. Federal Acquisition Regulation, on Mr. POLIS. Mr. Speaker, on that I Beatty Cicilline DeLauro which the yeas and nays were ordered. Bera Clarke (NY) DelBene demand the yeas and nays. The Clerk read the title of the resolu- Beyer Clay Demings The yeas and nays were ordered. Bishop (GA) Cleaver DeSaulnier The SPEAKER pro tempore. Pursu- tion. Blumenauer Clyburn Deutch ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. The Blunt Rochester Cohen Dingell ceedings on this question will be post- question is on ordering the previous Bonamici Connolly Doggett question. Boyle, Brendan Conyers Doyle, Michael poned. F. Cooper F. The vote was taken by electronic de- f Brown (MD) Correa Ellison vice, and there were—yeas 230, nays Brownley (CA) Costa Engel RECESS 188, not voting 14, as follows: Bustos Courtney Eshoo Butterfield Crist Espaillat The SPEAKER pro tempore. Pursu- [Roll No. 74] Capuano Crowley Esty ant to clause 12(a) of rule I, the Chair YEAS—230 Carbajal Cuellar Evans Ca´ rdenas Cummings Foster declares the House in recess for a pe- Abraham Allen Amodei Carson (IN) Davis (CA) Frankel (FL) riod of less than 15 minutes. Aderholt Amash Arrington

VerDate Sep 11 2014 04:02 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.009 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H894 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Fudge Lowenthal Ruppersberger Carter (GA) Hultgren Ratcliffe Kihuen Moulton Schrader Gabbard Lowey Ryan (OH) Carter (TX) Hunter Reed Kildee Murphy (FL) Scott (VA) Gallego Lujan Grisham, Sa´ nchez Chabot Hurd Reichert Kilmer Nadler Scott, David Garamendi M. Sarbanes Chaffetz Issa Renacci Kind Napolitano Serrano Gonzalez (TX) Luja´ n, Ben Ray Schakowsky Cheney Jenkins (KS) Rice (SC) Krishnamoorthi Neal Sewell (AL) Gottheimer Lynch Schiff Coffman Jenkins (WV) Roby Kuster (NH) Nolan Shea-Porter Green, Al Maloney, Schneider Cole Johnson (LA) Roe (TN) Langevin Norcross Sherman Green, Gene Carolyn B. Schrader Collins (GA) Johnson (OH) Rogers (AL) Larsen (WA) O’Halleran Sinema Grijalva Maloney, Sean Larson (CT) O’Rourke Sires Scott (VA) Collins (NY) Johnson, Sam Rogers (KY) Gutie´rrez Matsui Comer Jordan Rohrabacher Lawrence Pallone Slaughter Scott, David Hanabusa McCollum Comstock Joyce (OH) Rokita Lawson (FL) Panetta Smith (WA) Serrano Heck McEachin Conaway Katko Rooney, Francis Lee Pascrell Soto Sewell (AL) Higgins (NY) McGovern Cook Kelly (MS) Rooney, Thomas Levin Payne Speier Himes McNerney Shea-Porter Costello (PA) Kelly (PA) J. Lewis (GA) Pelosi Suozzi Hoyer Meeks Sherman Cramer King (IA) Ros-Lehtinen Lieu, Ted Perlmutter Swalwell (CA) Huffman Meng Sinema Crawford King (NY) Roskam Lipinski Peters Takano Jackson Lee Moulton Sires Culberson Kinzinger Ross Loebsack Peterson Thompson (CA) Jayapal Murphy (FL) Slaughter Curbelo (FL) Knight Rothfus Lofgren Pingree Thompson (MS) Jeffries Nadler Smith (WA) Davidson Kustoff (TN) Rouzer Lowenthal Pocan Titus Johnson (GA) Napolitano Soto Davis, Rodney Labrador Royce (CA) Lowey Polis Tonko Johnson, E. B. Neal Speier Denham LaHood Russell Lujan Grisham, Price (NC) Torres Kaptur Nolan Suozzi Dent LaMalfa Rutherford M. Quigley Tsongas Keating Norcross Swalwell (CA) DeSantis Lamborn Sanford Luja´ n, Ben Ray Raskin Vargas Kelly (IL) O’Halleran Takano DesJarlais Lance Scalise Lynch Rice (NY) Veasey Kennedy O’Rourke Thompson (CA) Diaz-Balart Latta Schweikert Maloney, Richmond Vela Khanna Pallone Thompson (MS) Donovan Lewis (MN) Scott, Austin Carolyn B. Rosen Vela´ zquez Kihuen Panetta Titus Duffy LoBiondo Sensenbrenner Maloney, Sean Roybal-Allard Visclosky Kildee Pascrell Tonko Duncan (SC) Long Sessions Matsui Ruiz Walz Kilmer Payne McCollum Ruppersberger Wasserman Torres Duncan (TN) Loudermilk Shimkus Kind Pelosi Dunn McEachin Ryan (OH) Schultz Tsongas Love Shuster Krishnamoorthi Perlmutter Emmer Lucas Simpson McGovern Sa´ nchez Waters, Maxine Vargas Kuster (NH) Peters Farenthold Luetkemeyer Smith (MO) McNerney Sarbanes Watson Coleman Veasey Langevin Peterson Faso MacArthur Smith (NE) Meeks Schakowsky Welch Vela Larsen (WA) Pingree Ferguson Marchant Smith (NJ) Meng Schiff Wilson (FL) ´ Larson (CT) Pocan Velazquez Fitzpatrick Marino Smucker Moore Schneider Yarmuth Lawrence Polis Visclosky Fleischmann Marshall Stefanik Lawson (FL) Price (NC) Walz Flores Massie Stewart NOT VOTING—10 Lee Quigley Wasserman Fortenberry Mast Stivers Clark (MA) Mulvaney Walker Levin Raskin Schultz Foxx McCarthy Taylor Hastings Price, Tom (GA) Zinke Lewis (GA) Rice (NY) Waters, Maxine Franks (AZ) McCaul Tenney Hudson Rush Lieu, Ted Richmond Watson Coleman Frelinghuysen McClintock Thompson (PA) Jones Smith (TX) Lipinski Rosen Welch Gaetz McHenry Thornberry Loebsack Roybal-Allard Wilson (FL) Gallagher McKinley Tiberi b 1336 Lofgren Ruiz Yarmuth Garrett McMorris Tipton Gibbs Rodgers Trott So the resolution was agreed to. NOT VOTING—14 Gohmert McSally Turner The result of the vote was announced Brady (PA) Jones Rush Goodlatte Meadows Upton as above recorded. Bucshon Meehan Russell Gosar Meehan Valadao A motion to reconsider was laid on Clark (MA) Moore Walker Gowdy Messer Wagner Hastings Mulvaney Zinke Granger Mitchell Walberg the table. Hudson Price, Tom (GA) Graves (GA) Moolenaar Walden PERSONAL EXPLANATION Graves (LA) Mooney (WV) Walorski Graves (MO) Mullin Walters, Mimi Mr. HUDSON. Mr. Speaker, on rollcall No. b 1328 Griffith Murphy (PA) Weber (TX) 74 and 75 I was unable to cast my vote in Messrs. DAVID SCOTT of Georgia Grothman Newhouse Webster (FL) person due to an emergency dental proce- Guthrie Noem Wenstrup and GENE GREEN of Texas changed Harper Nunes Westerman dure. Had I been present, I would have voted their vote from ‘‘yea’’ to ‘‘nay.’’ Harris Olson Williams ‘‘Yes.’’ So the previous question was ordered. Hartzler Palazzo Wilson (SC) f The result of the vote was announced Hensarling Palmer Wittman Herrera Beutler Paulsen Womack RECESS as above recorded. Hice, Jody B. Pearce Woodall Stated for: Higgins (LA) Perry Yoder The SPEAKER pro tempore. Pursu- Hill Pittenger Yoho ant to clause 12(a) of rule I, the Chair Mr. MEEHAN. Mr. Speaker, I was unavoid- Holding Poe (TX) Young (AK) ably detained. Had I been present, I would Hollingsworth Poliquin Young (IA) declares the House in recess for a pe- have voted ‘‘yea’’ on rollcall No. 74. Huizenga Posey Zeldin riod of less than 15 minutes. The SPEAKER pro tempore. The Accordingly (at 1 o’clock and 38 min- question is on the resolution. NOES—190 utes p.m.), the House stood in recess. The question was taken; and the Adams Clyburn Esty f Speaker pro tempore announced that Aguilar Cohen Evans Barraga´ n Connolly Foster b 1341 the ayes appeared to have it. Bass Conyers Frankel (FL) RECORDED VOTE Beatty Cooper Fudge AFTER RECESS Bera Correa Gabbard Mr. POLIS. Mr. Speaker, I demand a Beyer Costa Gallego The recess having expired, the House recorded vote. Bishop (GA) Courtney Garamendi was called to order by the Speaker pro A recorded vote was ordered. Blumenauer Crist Gonzalez (TX) tempore (Mr. PALAZZO) at 1 o’clock and Blunt Rochester Crowley Gottheimer The SPEAKER pro tempore. This Bonamici Cuellar Green, Al 41 minutes p.m. will be a 5-minute vote. Boyle, Brendan Cummings Green, Gene f The vote was taken by electronic de- F. Davis (CA) Grijalva vice, and there were—ayes 232, noes 190, Brady (PA) Davis, Danny Gutie´rrez PROVIDING FOR CONGRESSIONAL Brown (MD) DeFazio Hanabusa DISAPPROVAL OF A RULE SUB- not voting 10, as follows: Brownley (CA) DeGette Heck [Roll No. 75] Bustos Delaney Higgins (NY) MITTED BY THE SOCIAL SECU- Butterfield DeLauro Himes RITY ADMINISTRATION AYES—232 Capuano DelBene Hoyer Abraham Barton Brat Carbajal Demings Huffman Mr. GOODLATTE. Mr. Speaker, pur- Aderholt Bergman Bridenstine Ca´ rdenas DeSaulnier Jackson Lee suant to House Resolution 71, I call up Allen Biggs Brooks (AL) Carson (IN) Deutch Jayapal the joint resolution (H.J. Res. 40) pro- Amash Bilirakis Brooks (IN) Cartwright Dingell Jeffries Amodei Bishop (MI) Buchanan Castor (FL) Doggett Johnson (GA) viding for congressional disapproval Arrington Bishop (UT) Buck Castro (TX) Doyle, Michael Johnson, E. B. under chapter 8 of title 5, United Babin Black Bucshon Chu, Judy F. Kaptur States Code, of the rule submitted by Bacon Blackburn Budd Cicilline Ellison Keating the Social Security Administration re- Banks (IN) Blum Burgess Clarke (NY) Engel Kelly (IL) Barletta Bost Byrne Clay Eshoo Kennedy lating to Implementation of the NICS Barr Brady (TX) Calvert Cleaver Espaillat Khanna Improvement Amendments Act of 2007,

VerDate Sep 11 2014 02:54 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.011 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H895 and ask for its immediate consider- that individual is unfit to exercise his Health Law, the Arc of the United ation. or her Second Amendment rights. No States, the Consortium for Citizens The Clerk read the title of the joint data exists to support such an egre- with Disabilities, the Disability Law resolution. gious assertion. In fact, studies show Center of Alaska, the National Council The SPEAKER pro tempore. Pursu- that those who suffer from mental dis- on Independent Living, and the Na- ant to House Resolution 71, the joint orders are more likely to be victims of tional Coalition for Mental Health Re- resolution is considered read. crime rather than perpetrators of covery. Even the National Council on The text of the joint resolution is as crime. Disability—an independent Federal follows: Furthermore, there is a total absence agency that makes recommendations H.J. RES. 40 of any meaningful due process protec- to the President and Congress to en- Resolved by the Senate and House of Rep- tions under the rule. Currently, citi- hance the quality of life for all Ameri- resentatives of the United States of America in zens lose their right to possess a fire- cans with disabilities and their fami- Congress assembled, That Congress dis- arm when they have been convicted by lies—has called on Congress to utilize approves the rule submitted by the Social a judge or jury of a felony or mis- the Congressional Review Act in order Security Administration relating to Imple- demeanor crime of domestic violence, to repeal this rule. mentation of the NICS Improvement Amend- when they have been dishonorably dis- It was also mentioned—and will, un- ments Act of 2007 (published at 81 Fed. Reg. charged after given a hearing, or when doubtedly, be mentioned here later 91702 (December 19, 2016)), and such rule shall today—that this rule received over have no force or effect. they have been deemed a fugitive after being given an option to appear and 91,000 comments. What they didn’t tell The SPEAKER pro tempore. The avail themselves of their due process you, and what I am guessing they joint resolution shall be debatable for 1 rights, among other reasons. won’t tell you today, is that the over- hour, equally divided and controlled by whelming majority of the comments the chair and ranking minority mem- b 1345 opposed the rule. Opposition wasn’t ber of the Committee on the Judiciary All of these have one thing in com- based on small, technical issues. It was or their designees. mon: they all provide due process to based on the fundamentally flawed con- The gentleman from Virginia (Mr. the affected individual. cept of the rule. Many of the organiza- GOODLATTE) and the gentleman from Under the SSA rule, the affected tions I mentioned earlier provided Michigan (Mr. CONYERS) each will con- party has no ability to defend himself comments to the agency. Rather than trol 30 minutes. or to even introduce evidence before listen to the organizations advocating The Chair recognizes the gentleman the SSA denies his right to possess a for the rights of the disabled, the pre- from Virginia. firearm. Additionally, at no time dur- vious administration decided to ignore GENERAL LEAVE ing the process during which the SSA them. Mr. GOODLATTE. Mr. Speaker, I ask is seeking to deny someone his Second I thank the gentleman from the unanimous consent that all Members Amendment rights must the Social Se- State of Texas (Mr. SAM JOHNSON) for may have 5 legislative days in which to curity Administration make a deter- his hard work on this important issue revise and extend their remarks and in- mination that the individual poses a that affects law-abiding citizens in clude extraneous materials to H.J. Res. risk to himself or others. This is the every congressional district in Amer- 40. standard that has long been used to de- ica. The SPEAKER pro tempore. Is there termine if the right to possess a fire- I ask my colleagues to support this objection to the request of the gen- arm should be prohibited. resolution—to stand with the disabled tleman from Virginia? Some may point to the rule’s appeals community and to stand with the Con- There was no objection. process as providing a form of due proc- stitution. Support H.J. Res. 40. Mr. GOODLATTE. Mr. Speaker, I ess. However, the appeals process is se- Mr. Speaker, I reserve the balance of yield myself such time as I may con- verely flawed because it puts the bur- my time, and I ask unanimous consent sume. den on individuals to prove that restor- to yield the control of the balance of Mr. Speaker, today I rise in strong ing their Second Amendment rights my time to the gentleman from Texas support of H.J. Res. 40, a joint resolu- would not pose a danger to public safe- (Mr. SAM JOHNSON), the sponsor of this tion providing for congressional dis- ty or be contrary to the public inter- resolution. The SPEAKER pro tempore. Is there approval of the rules submitted by the est. In every other instance in which objection to the request of the gen- Social Security Administration relat- someone is facing a loss of his ability tleman from Virginia? ing to implementation of the NICS Im- to possess a firearm, the burden is on There was no objection. provement Amendments Act of 2007. the government to prove that the indi- Mr. CONYERS. Mr. Speaker, I yield On December 19, 2016, in the waning vidual should have his right taken myself such time as I may consume. days of the previous administration, away. Under this flawed system, the in- I rise in opposition to H.J. Res. 40, a the Social Security Administration dividual bears the burden against the measure that would vacate an impor- published a rule finalizing the criteria government. This is not what due proc- tant rule issued by the Social Security for sending the names of certain Social ess looks like. Administration to help reduce gun vio- Security beneficiaries to the National During debate on the rule for this lence. Instant Criminal Background Check joint resolution, I heard a number of This resolution of disapproval is par- System, NICS. reasons from my colleagues on the ticularly problematic because, pursu- Under the rule, an individual’s name other side of the aisle as to why they ant to the Congressional Review Act, it will be sent to the NICS if they receive opposed this joint resolution. Quite would not only invalidate this rule but disability insurance or supplemental frankly, I am shocked at what little re- prohibit the agency from adopting sub- security income benefits based on hav- gard they have for the disabled commu- stantially the same rule in the future, ing a mental disorder, the person is be- nity. The gentleman from Massachu- even an improved version of the rule. tween age 18 and the full retirement setts claimed that this joint resolution How unusual. age, and the SSA determines that the was done at the bidding of the National As we consider this resolution today, person needs a representative payee to Rifle Association. Yes, the National I ask my colleagues to consider, for manage their benefits. Individuals who Rifle Association does support H.J. just a moment, how we arrived at this meet these criteria would be prohibited Res. 40. However, what my colleague point and, more precisely, what is at from exercising their Second Amend- from Massachusetts failed to mention stake. ment right to possess firearms. during the debate yesterday was who In 1968, after a decade of assassina- This rule is a slap in the face of those else supports the joint resolution. tions and gun violence, Congress in the disabled community because it Supporters include the American As- worked to pass the Gun Control Act. paints all those who suffer from mental sociation of People with Disabilities, That law lists certain categories of in- disorders with the same broad brush. It the National Disability Rights Net- dividuals who are prohibited from pur- assumes that simply because an indi- work, the Autistic Self Advocacy Net- chasing and possessing firearms, in- vidual suffers from a mental condition, work, the Bazelon Center for Mental cluding felons, fugitives, those who

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Instead, we mately, to a Federal court. groups and others. refer to the ‘‘Federal mental health Of course, we must avoid taking ac- NATIONAL COUNCIL ON DISABILITY, prohibitor,’’ which remains an impor- tions that would unfairly stigmatize Washington, DC, January 24, 2017. tant—although challenging—feature of individuals who suffer from mental ill- Hon. MITCH MCCONNELL, our Federal gun laws. ness or a disability. This is true in Majority Leader, U.S. Senate, Because it was common sense that many respects, but, with regard to Washington, DC. we needed a system to help prevent issues of public safety, we must recog- Hon. PAUL RYAN, nize that people who suffer from men- Speaker of the House, House of Representatives, guns from getting into the hands of Washington, DC. those who were legally prohibited from tal illness should not be assumed to be DEAR MAJORITY LEADER MCCONNELL AND possessing them, Congress took bipar- dangerous. In fact, they are much more SPEAKER RYAN: I write on behalf of the Na- tisan action to enact the Brady Act in likely to be victims of crime than to be tional Council on Disability (NCD) regarding 1993. That statute established a Na- perpetrators. With those consider- the final rule the Social Security Adminis- tional Instant Criminal Background ations in mind, my colleagues, it can tration (SSA) released on December 19th, be difficult to apply the mental health 2016, implementing provisions of the Na- Check System—some call it NICS—and tional Instant Criminal Background Check it requires federally licensed gun deal- prohibitor, but, still, we must apply System (NICS) Improvement Amendments ers to conduct checks on prospective and enforce the law. Act of 2007, 81 FR 91702. In accordance with purchasers in order to verify that they If I were proposing such a rule, I can- our mandate to advise the President, Con- are not prohibited on the basis of the not say whether this process would be gress, and other federal agencies regarding statutory categories. exactly what I would recommend. We policies, programs, practices, and procedures Although unwisely limited only to have not held hearings on this issue, that affect people with disabilities, NCD sub- mitted comments to SSA on the proposed sales conducted by licensed gun deal- and we have not had the chance to ex- amine all appropriate considerations. I rule on June 30th, 2016. In our comments, we ers, the NICS system is extremely ben- cautioned against implementation of the eficial as far as it goes. Critically, how- can say that the agency has under- proposed rule because: ever, this background check system is taken a commendable effort in accord- ‘‘[t]here is, simply put, no nexus between only as good as the completeness of the ance with President Obama’s directive the inability to manage money and the abil- records it includes. This fact was trag- to ensure that the NICS background ity to safely and responsibly own, possess or check system has the information that use a firearm. This arbitrary linkage not ically underscored in 2007, when a stu- only unnecessarily and unreasonably de- dent on the campus of Virginia Tech it believes, after a thorough rule- making process, corresponds to a long- prives individuals with disabilities of a con- shot and killed 32 people. The shooter stitutional right, it increases the stigma for had a mental health record that was standing category of firearms prohibi- those who, due to their disabilities, may serious enough that it should have tion. need a representative payee[.]’’ Accordingly, we should not com- been reported to the system, but it was Despite our objections and that of many pletely disregard the agency’s efforts, other individuals and organizations received not. and I urge my colleagues to strenu- by SSA regarding the proposed rule, the final As a result, Congress enacted the bi- rule released in late December was largely partisan NICS Improvement Amend- ously oppose H.J. Res. 40. Mr. Speaker, I reserve the balance of unchanged. Because of the importance of the ments Act that same year in order to my time. constitutional right at stake and the very provide incentives for States to do a Mr. SAM JOHNSON of Texas. Mr. real stigma that this rule legitimizes, NCD better job of submitting disqualifying recommends that Congress consider utilizing Speaker, I yield myself such time as I the Congressional Review Act (CRA) to re- mental health records to the system. may consume. The law also requires Federal agencies peal this rule. Former President Obama was never a NCD is a nonpartisan, independent federal to submit any such information that champion of the Second Amendment agency with no stated position with respect they have. While some States have right to keep and bear arms. He fought to gun-ownership or gun-control other than done a great job of complying with the to deny Americans their constitutional our long-held position that restrictions on law, others have not, which remains a rights throughout his whole 8 years in gun possession or ownership based on psy- critical challenge. As we expect States office. In fact, on his way out the door, chiatric or intellectual disability must be based on a verifiable concern as to whether to do more to comply, we must also en- former President Obama finalized a sure Federal agencies are doing their the individual poses a heightened risk of rule that discriminates against individ- danger to themselves or others if they are in part. uals with disabilities and that deprives possession of a weapon. Additionally, it is The rule under consideration, which law-abiding Americans of their Second critically important that any restriction on was finalized last December after an Amendment rights. Under this rule, gun possession or ownership on this basis is extensive rulemaking process that con- certain Social Security disability bene- imposed only after the individual has been sidered more than 91,000 comments ficiaries, who also need help, would be afforded due process and given an oppor- from the public, is intended to impact stripped of their Second Amendment tunity to respond to allegations that they are not able to safely possess or own a fire- only a very narrow range of individuals rights. More specifically, their names whom the agency determines should be arm due to his or her disability. NCD be- would be reported to the National In- lieves that SSA’s final rule falls far short of prohibited from possessing firearms stant Criminal Background Check Sys- meeting these criteria. under the statutory mental health tem. Additionally, as NCD also cautioned SSA prohibitor, which has been the law for Mr. Speaker, just because someone in our comments on the proposed rule, we decades. The rule applies only to those has a disability does not mean he is a have concerns regarding the ability of SSA individuals who have a very severe, threat to society. Furthermore, need- to fairly and effectively implement this long-term mental disorder that makes ing help to manage your benefit does rule—assuming it would be possible to do so—given the long-standing issues SSA al- them unable to do any kind of work in not make you dangerous; but you don’t ready has regarding long delays in adjudica- the American economy, including even have to take my word for it as the dis- tion and difficulty in providing consistent, part time or at very low wages. ability community has also raised seri- prompt service to beneficiaries with respect These individuals must have been de- ous concerns with regard to this rule. to its core mission. This rule creates an en- termined through an evaluation of all The National Council on Disability, tirely new function for an agency that has of the evidence that they are not capa- which is the independent agency that long noted that it has not been given suffi- ble of managing their own benefits and is charged with advising Congress and cient resources to do the important work it must be assigned a representative is already charged with doing. With all due the President on disability policy, said: respect to SSA, our federal partner, this rule payee. This designation is given only ‘‘There is, simply put, no nexus be- is simply a bridge too far. In fact, it is con- after an individual is notified orally tween the inability to manage money ceivable that attempts to implement this and in writing at the outset of the and the ability to safely and respon- rule may strain the already scarce adminis- process that the gun eligibility deter- sibly own, possess or use a firearm.’’ trative resources available to the agency,

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further impairing its ability to carry out its of this issue to NRA members and gun own- CONSORTIUM FOR core mission. ers throughout the country, votes on H.J. CITIZENS WITH DISABILITIES, The CRA is a powerful mechanism for con- Res. 40 will be considered in future candidate Washington, DC, January 26, 2017. trolling regulatory overreach, and NCD evaluations and we will notify our members Hon. PAUL RYAN, urges its use advisedly and cautiously. In accordingly. Speaker of the House, this particular case, the potential for real Sincerely, Washington, DC. harm to the constitutional rights of people CHRIS W. COX. Hon. NANCY PELOSI, with psychiatric and intellectual disabilities Office of the Democratic Leader, is grave as is the potential to undermine the Washington, DC. essential mission of an agency that millions NATIONAL COALITION FOR of people with and without disabilities rely MENTAL HEALTH RECOVERY, DEAR SPEAKER RYAN AND DEMOCRATIC upon to meet their basic needs. Therefore, in Washington, DC, January 29, 2017. LEADER PELOSI: The Co-Chairs of the Rights this instance, NCD feels that utilizing the Hon. PAUL RYAN, Task Force of the Consortium of Citizens CRA to repeal the final rule is not only war- Speaker of the House, with Disabilities (CCD) urge you to support a ranted, but necessary. Washington, DC. Congressional Review Act (CRA) resolution Regards, Hon. NANCY PELOSI, to disapprove the Final Rule issued by the CLYDE E. TERRY, Office of the Democratic Leader, Social Security Administration (SSA) on De- Chair. Washington, DC. cember 19, 2016, ‘‘Implementation of the DEAR SPEAKER RYAN AND DEMOCRATIC NICS Improvement Amendments Act of NATIONAL RIFLE ASSOCIATION LEADER PELOSI: I write on behalf of the Na- 2007.’’ This rule would require the Social Se- OF AMERICA, tional Coalition for Mental Health Recovery curity Administration to forward the names Fairfax, VA. (NCMHR) regarding the final rule the Social of all Social Security Disability Insurance Hon. PAUL RYAN, Security Administration (SSA) released on (SSDI) and Supplemental Security Income Speaker of the House, December 19th, 2016, implementing provi- (SSI) benefit recipients who use a represent- Washington, DC. sions of the National Instant Criminal Back- ative payee to help manage their benefits Hon. NANCY PELOSI, ground Check System (NICS) Improvement due to a mental impairment to the National House Minority Leader, Amendments Act of 2007, 81 FR 91702. Instant Criminal Background Check System Washington, DC. (NICS). DEAR SPEAKER RYAN AND MINORITY LEADER NCMHR submitted comments to SSA on PELOSI: I am writing on behalf of the Na- the proposed rule in June 2016. In our com- The Consortium for Citizens with Disabil- tional Rifle Association Institute for Legis- ments, we cautioned against implementation ities (CCD) is the largest coalition of na- lative Action (NRA–ILA) to urge you to vote of the proposed rule because there is no caus- tional organizations working together to ad- yes on H.J. Res. 40. This measure is a joint al connection between the inability to man- vocate for Federal public policy that ensures resolution to disapprove, under the Congres- age money and the ability to safely and re- the self-determination, independence, em- sional Review Act, a Social Security Admin- sponsibly own, possess or use a firearm. This powerment, integration and inclusion of istration (SSA) rule that would result in arbitrary linkage not only unnecessarily and children and adults with disabilities in all hundreds of thousands of law-abiding Ameri- unreasonably deprives individuals with dis- aspects of society. cans permanently losing their Second abilities of a constitutional right, it in- Prior to the issuance of the Final Rule, the Amendment rights. creases the stigma for those who, due to SSA claims its rule was mandated by the CCD Rights Task Force conveyed its opposi- their disabilities, may need a representative tion to the rule through a letter to the NICS Improvement Amendments Act of 2007 payee. (NIAA), as interpreted by the Obama admin- Obama Administration and through the pub- istration’s Department of Justice. The sup- Despite our objections and that of many lic comment process. We—and many other posed intent of the rule is for SSA to iden- other individuals and organizations received members of CCD—opposed the rule for a tify disability or Supplementary Security by SSA regarding the proposed rule, the final number of reasons, including: Income beneficiaries who qualify as prohib- rule released in late December was largely The damaging message that may be sent ited ‘‘mental defectives’’ under the Gun Con- unchanged. Because of the importance of the by a SSA policy change, which focused on re- trol Act (GCA) and report them to the Na- constitutional right at stake and the very porting individuals who receive assistance real stigma that this rule legitimizes, tional Instant Criminal Background Check from representative payees in managing NCMHR recommends that Congress consider System (NICS). their benefits to the NICS gun database. The NICS came online nearly 20 years ago, but utilizing the Congressional Review Act current public dialogue is replete with inac- at no point before this new regulation did (CRA) to repeal this rule. curate stereotyping of people with mental SSA consider its own operations or decisions NCMHR is a nonpartisan, is a nonpartisan, disabilities as violent and dangerous, and as somehow implicated by the prohibitions nonprofit with no stated position with re- in the GCA. Clearly this was not provoked there is a real concern that the kind of pol- spect to gun-ownership or gun-control other because of the NIAA or because of changes in icy change encompassed by this rule will re- than our long-held position that restrictions the SSA’s own procedures, but because of the inforce those unfounded assumptions. on gun possession or ownership based on psy- antigun politics of the Obama administra- The absence of any data suggesting that chiatric or intellectual disability must be tion. President Obama made clear that if there is any connection between the need for based on a verifiable concern as to whether Congress would not support his desire for in- a representative payee to manage one’s So- the individual poses a heightened risk of creased gun control, he would act on his cial Security disability benefits and a pro- danger to themselves or others if they are in own. That’s why he issued this proposal in pensity toward gun violence. the final days of his administration. possession of a weapon. Additionally, it is The SSA received over 91,000 comments in critically important that any restriction on The absence of any meaningful due process response to its proposed rule, the over- gun possession or ownership on this basis is protections prior to the SSA’s transmittal of whelming majority of them in opposition. imposed only after the individual has been names to the NICS database. Although the Comments submitted by NRA–ILA explained afforded due process and given an oppor- NICS Improvements Act of 2007 allows agen- in detail how the rule misread the under- tunity to respond to allegations that they cies to transmit the names of individuals lying statutes; ignored binding case law; tar- are not able to safely possess or own a fire- who have been ‘‘adjudicated’’ to lack the ca- geted harmless individuals who do not pose a arm due to his or her disability. NCMHR be- pacity to manage their own affairs, SSA’s risk of harm; violated due process; and hi- lieves that SSA’s final rule falls far short of process does not constitute an adjudication jacked the SSA’s legitimate functions for po- meeting these criteria. and does not include a finding that individ- litical purposes. The CRA is a powerful mechanism for con- uals are broadly unable to manage their own Our opposition was joined by mental trolling regulatory overreach, and NCMHR affairs. health professionals and advocates for the urges its use advisedly and cautiously. In mentally ill, who argued that the proposal Based on similar concerns, the National this particular case, the potential for real was not supported by evidence or science; Council on Disability, an independent federal added to the stigma of mental illness; and harm to the constitutional rights of people agency charged with advising the President, created disincentives for mentally ill persons with psychiatric and intellectual disabilities Congress, and other federal agencies regard- to seek help and benefits to which they are is grave as is the potential to undermine the ing disability policy, has urged Congress to entitled. essential mission of an agency that millions use the Congressional Review Act to repeal Reporting law-abiding, non-dangerous indi- of people with and without disabilities rely this rule. upon to meet their basic needs. Therefore, in viduals to NICS and forcing them, as a condi- We urge Congress to act, through the CRA this instance, NCMHR feels that utilizing tion of removal, to prove they are not a process, to disapprove this new rule and pre- the CRA to repeal the final rule is not only threat to society is inconsistent with the vent the damage that it inflicts on the dis- GCA, the Second Amendment and basic due warranted, but necessary. ability community. process. Sincerely, For these reasons, the NRA strongly sup- DANIEL B. FISHER, M.D., Ph.D., On behalf of the CCD Rights Task Force, ports H.J. Res. 40. Because of the importance Chair NCMHR. the undersigned Co-Chairs,

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DARA BALDWIN, to own and use guns is not absolute or free tal Health Law urges you to support a Con- National Disability from government regulation, since firearms gressional Review Act (CRA) resolution to Rights Network. are inherently dangerous instrumentalities disapprove the Final Rule issued by the So- SAMANTHA CRANE, and their use, unlike other activities pro- cial Security Administration (SSA) on De- Autistic Self-Advocacy tected by the Bill of Rights, can inflict seri- cember 19, 2016, ‘‘Implementation of the Network. ous bodily injury or death. Therefore, fire- NICS Improvement Amendments Act of SANDY FINUCANE, arms are subject to reasonable regulation in 2007.’’ The Center is a national legal advo- Epilepsy Foundation, the interests of public safety, crime preven- cacy organization that protects and ad- Law. tion, maintaining the peace, environmental vances the rights of adults and children with JENNIFER MATHIS, protection, and public health. We do not op- mental disabilities. Bazelon Center for pose regulation of firearms as long as it is This rule would require the Social Security Mental Health. reasonably related to these legitimate gov- Administration to forward the names of So- MARK RICHERT, ernment interests. cial Security Disability Insurance (SSDI) American Foundation At the same time, regulation of firearms and Supplemental Security Income (SSI) and individual gun ownership or use must be for the Blind. benefit recipients who use a representative consistent with civil liberties principles, payee to help manage their benefits due to a such as due process, equal protection, free- AMERICAN CIVIL LIBERTIES UNION, mental impairment to the National Instant dom from unlawful searches, and privacy. All Washington, DC, February 1, 2017. Criminal Background Check System (NICS). individuals have the right to be judged on Vote YES on the Resolution of Disapproval, the basis of their individual capabilities, not The rule is inconsistent with the statute it H.J. Res. 40 (Social Security Administra- the characteristics and capabilities that are implements, has no evidentiary justification, tion NICS Final Rule) sometimes attributed (often mistakenly) to would wrongly perpetuate inaccurate stereo- Vote NO on the Resolution of Disapproval, any group or class to which they belong. A types of individuals with mental disabilities H.J. Res. 37 (Federal Acquisition Regula- disability should not constitute grounds for as dangerous, and would divert already too- tion/Fair Pay and Safe Workplaces EO) the automatic per se denial of any right or scarce SSA resources away from efforts to DEAR REPRESENTATIVES: On behalf of the privilege, including gun ownership. address the agency’s longstanding backlog of unprocessed benefits applications toward a American Civil Liberties Union (ACLU), we FAIR PAY AND SAFE WORKPLACES REGULATIONS mission in which the agency has little exper- urge members of the House of Representa- ADVANCE WORKER SAFETY AND RIGHTS tives to support the resolution disapproving tise. The rules implementing the Fair Pay and First, there is no statutory basis for the the final rule of the Social Security Admin- Safe Workplaces Executive Order take an istration which implements the National In- important step towards creating more equi- rule. The National Instant Criminal Back- stant Criminal Background Check System table and safe work conditions by ensuring ground Check System (NICS) statute author- Improvement Amendment Acts of 2007. that federal contractors provide workplaces izes the reporting of an individual to the Additionally we urge members to oppose that comply with federal labor and civil NICS database on the basis of a determina- the resolution of disapproval of the rule sub- rights laws. tion that the person ‘‘lacks the capacity to mitted by the Department of Defense, the Employers that have the privilege of doing contract or manage his own affairs’’ as a re- General Services Administration, and NASA business with the federal government must sult of ‘‘marked subnormal intelligence, or relating to the Federal Acquisition Regula- meet their legal obligations. The Fair Pay mental illness, incompetency condition or tion that implement the Fair Pay and Safe and Safe Workplace regulations are crucial disease.’’ The appointment of a representa- Workplaces Executive Order 13673. because they help ensure that federal con- tive payee simply does not meet this stand- SOCIAL SECURITY ADMINISTRATION (SSA)’SIM- tractors behave responsibly and ethically ard. It indicates only that the individual PLEMENTATION OF THE NICS IMPROVEMENT with respect to labor standards and civil needs help managing benefits received from AMENDMENT ACTS OF 2007 HARMS PEOPLE rights laws and that they are complying SSA. WITH DISABILITIES with federal labor and employment laws such Second, the rule puts in place an ineffec- In December 2016, the SSA promulgated a as the Fair Labor Standards Act (which in- tive strategy to address gun violence, devoid final rule that would require the names of all cludes the Equal Pay Act), Title VII of the of any evidentiary basis, targeting individ- Social Security Disability Insurance (SSDI) Civil Rights Act, the Americans with Dis- uals with representative payees and mental and Supplemental Security Income (SSI) abilities Act of 1990 and the Occupational impairments as potential perpetrators of gun benefit recipients—who, because of a mental Safety and Health Act, and their state law violence. In doing so, it also creates a false impairment, use a representative payee to equivalents. The Executive Order also bans sense that meaningful action has been taken contractors from forcing employees to arbi- help manage their benefits—be submitted to to address gun violence and detracts from trate claims under Title VII of the Civil the National Instant Criminal Background potential prevention efforts targeting actual Rights Act as well as claims of sexual har- Check System (NICS), which is used during risks for gun violence. assment and sexual assault. Third, the rule perpetuates the prevalent gun purchases. Congress should stand with workers, in- We oppose this rule because it advances false association of mental disabilities with crease the accountability of federal contrac- violence and undermines important efforts and reinforces the harmful stereotype that tors and oppose any attempts to undo the to promote community integration and em- people with mental disabilities, a vast and Fair Pay and Safe Workplaces regulations. ployment of people with disabilities. The diverse group of citizens, are violent. There These rules will help ensure that the federal rule may also dissuade people with mental is no data to support a connection between government does not contract with employ- impairments from seeking appropriate treat- the need for a representative payee to man- ers that routinely violate workplace health age one’s Social Security disability benefits and safety protections, engage in age, dis- ment or services, or from applying for finan- and a propensity toward gun violence. The ability, race, and sex discrimination, with- cial and medical assistance programs. rule further demonstrates the damaging phe- hold wages, or commit other labor viola- Finally, the rule creates enormous new nomenon of ‘‘spread,’’ or the perception that tions. burdens on SSA without providing any addi- a disabled individual with one area of im- If you have any questions, please feel free tional resources. Implementation of the rule pairment automatically has additional, neg- to contact Vania Leveille, senior legislative will divert scarce resources away from the ative and unrelated attributes. Here, the rule counsel. core work of the SSA at a time when the automatically conflates one disability-re- Sincerely, agency is struggling to overcome record lated characteristic, that is, difficulty man- FAIZ SHAKIR, backlogs and prospective beneficiaries are aging money, with the inability to safely Director, Washington waiting for months and years for determina- possess a firearm. Legislative Counsel. tions of their benefits eligibility. Moreover, The rule includes no meaningful due proc- VANIA LEVEILLE, SSA lacks the expertise to make the deter- ess protections prior to the SSA’s trans- Senior Legislative minations about safety that it would be mittal of names to the NICS database. The Counsel, Wash- called upon to make as part of the relief determination by SSA line staff that a bene- ington Legislative process established by the rule. ficiary needs a representative payee to man- Office. Based on similar concerns, the National age their money benefit is simply not an Council on Disability, an independent federal ‘‘adjudication’’ in any ordinary meaning of THE JUDGE DAVID L. BAZELON CEN- agency charged with advising the President, the word. Nor is it a determination that the TER FOR MENTAL HEALTH LAW, Congress, and other federal agencies regard- person ‘‘[l]acks the mental capacity to con- Washington, DC, January 30, 2017. ing disability policy, has urged Congress to tract or manage his own affairs’’ as required Hon. PAUL RYAN, use the Congressional Review Act to repeal by the NICS. Indeed, the law and the SSA Speaker of the House, this rule. We urge Congress to act, through clearly state that representative payees are Washington, DC. the CRA process, to disapprove this new rule appointed for many individuals who are le- Hon. NANCY PELOSI, and prevent the damage that it inflicts on gally competent. Office of the Democratic Leader, the disability community. We recognize that enacting new regula- Washington, DC. Sincerely, tions relating to firearms can raise difficult DEAR SPEAKER RYAN AND DEMOCRATIC JENNIFER MATHIS, questions. The ACLU believes that the right LEADER PELOSI: The Bazelon Center for Men- Director of Policy and Legal Advocacy.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.046 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H899 b 1400 In the midnight hour of President one is a veteran and they are disabled, Mr. SAM JOHNSON of Texas. Mr. Obama’s last days in office, the Social there is a process by which they are in- Speaker, we need to put a stop to this Security Administration finalized a cluded within this system. rule now. That is why I introduced H.J. rule that would allow it to send the The SPEAKER pro tempore (Mr. Res. 40, along with Congressman ABRA- name of any beneficiary to the FBI’s SIMPSON). The time of the gentleman HAM, to overturn this rule and make criminal background check system if has expired. sure the constitutional rights of indi- they are assigned a representative Mr. CONYERS. Mr. Speaker, I yield viduals with disabilities are protected. payee due to mental impairment. an additional 1 minute to the gen- I urge my colleagues to vote ‘‘yes’’ Allowing bureaucrats at the Social tleman from Texas. and pass this resolution. Security Administration to determine Mr. DOGGETT. Mr. Speaker, but I reserve the balance of my time. whether or not a beneficiary is fit to these folks, instead of reaching out to Mr. CONYERS. Mr. Speaker, I yield 2 exercise their Second Amendment do something about gun violence in minutes to the gentleman from Cali- rights is a clear violation of due proc- America, propose to make them more fornia (Mr. THOMPSON). ess that every American is afforded. accessible to individuals that are so Mr. THOMPSON of California. Mr. When this awful rule was proposed in impaired they cannot take care of Speaker, I rise in opposition to H.J. 2015, both Representative SAM JOHNSON themselves in many ways and cannot Res. 40. This resolution undermines our of Texas and I introduced legislation to even accept a check and are saying: NICS background check system. prevent the Social Security Adminis- Give them a gun. I am a gun owner and a strong sup- tration from carrying it out. With the There are already safeguards in this porter of the Second Amendment, but introduction of this joint resolution, I Rule. Someone can appeal being listed and say: You know, I can’t accept a this isn’t about denying people the am pleased that Congress and the check, but I do have the ability to own right to own a gun. It is about uphold- President will now have the oppor- a gun. And they can do that through ing the law, and the law is very clear tunity to review and to reverse this the Social Security Administration, as on who should be reported to the NICS terrible rule. soon as they see their name on the list. system. That is why I strongly urge my col- Or if they are denied a purchase at a The law was passed more than a dec- leagues, in both the House and the Sen- later time and they are someone who ade ago to keep guns out of the hands ate, to pass this resolution and keep doesn’t belong on this list, there is a of people who can’t responsibly own the government bureaucracies from them. These are not people just having way for them to get off the list. putting themselves before the Con- In short, there is due process to en- a bad day. These are not people simply stitution. suffering from depression or anxiety or sure they are not unfairly denied gun Mr. CONYERS. Mr. Speaker, I yield 2 access. But the American people and agoraphobics. These are people with a minutes to the gentleman from Texas severe mental illness who can’t hold the families that are being hurt day OGGETT). (Mr. D after day by gun violence, they deserve any kind of job or make any decisions Mr. DOGGETT. Mr. Speaker, at a some due process, too. about their affairs. So the law says time here in America when mass shoot- very clearly that they shouldn’t have a Let’s uphold this Rule and reject this ings have become all too frequent, at a giant step backward that will only firearm. time when bullets literally rip apart The Supreme Court in the Heller de- produce more gun violence and more human bodies and human families and cision recognized that the Second families torn asunder. cause so much pain, at a time when ef- Amendment grants Americans the Mr. SAM JOHNSON of Texas. Mr. fective groups like Moms Demand Ac- right to own firearms, but they also Speaker, I yield 3 minutes to the gen- tion for Gun Sense and Texas Gun stated that reasonable restrictions to tleman from Nebraska (Mr. SMITH). Sense and the P.E.A.C.E. Initiative are that right can apply, such as when a Mr. SMITH of Nebraska. Mr. Speak- asking this Congress to act to reduce person is diagnosed with a severe men- er, I rise today in support of this reso- tal illness. gun violence, this Congress has com- lution to repeal a rule which would ar- The Social Security Administration mitted itself to doing absolutely noth- bitrarily revoke the Second Amend- is simply obeying the law. ing about that violence. ment rights of certain Social Security So what exactly is the objection If you are on the terrorist watch list beneficiaries. The inability to manage here? and you cannot fly, not to worry about one’s Social Security benefits does not Passage of this resolution puts Amer- buying a gun. It’s ‘‘No fly,’’ but you correlate with the capacity to judi- icans at risk. It would prevent the So- can still buy. ciously use firearms. cial Security Administration from re- Today we are told the problem isn’t By adding Social Security bene- porting the names of those who should that there are too many guns out there ficiaries to the NICS list with no judi- not have a gun and prohibit that in- causing too much harm to American cial review and forcing them to go definitely. families. There are not enough. A through an appeals process to be re- If there are concerns about the rules, group is being left out, omitted from moved, this rule would also violate the let’s revise it. But the CRA process is access to guns. due process rights of these Americans. not a revision. It would ban Social Se- There are a group of Americans, who I would also like to focus on the com- curity from even amending their rule. either from birth or by contracting ponent of this rule which would inhibit This is a dangerous overstep, and I some mental disability later in life, the ability of Social Security disability urge Members to consider the safety of have a mental impairment that is so beneficiaries to be approved by the Bu- our districts. No one wants another significant that we ask taxpayers reau of Alcohol, Tobacco, Firearms and Virginia Tech. No one wants another across America to provide them sup- Explosives to work with or around cer- Newtown. port through the Social Security dis- tain materials. Mr. SAM JOHNSON of Texas. Mr. ability system. They are declared to be Mr. Speaker, there is bipartisan Speaker, I yield 3 minutes to the gen- disabled. agreement we should be investing in tleman from Louisiana (Mr. ABRAHAM). And within that group that is tax- and rebuilding our infrastructure. Mr. ABRAHAM. Mr. Speaker, I am payer funded, there is a much smaller There is also bipartisan agreement we honored to introduce this resolution group whose disability is so severe that should be empowering people receiving with my good friend, Representative they can’t handle their own affairs. benefits, like disability insurance, to SAM JOHNSON of Texas, one of the They can’t receive a check. But these return to work if they are able to do so. greatest patriots I have had the honor folks say don’t worry that you can’t However, this rule will create a new to come in contact with and a lifelong place a check in their hand and you barrier for beneficiaries seeking to re- defender of our freedoms in America. have to give it to someone else, it is turn to work in industries like con- This resolution can be boiled down to okay to put a gun in their hands. That struction by forcing them to navigate a one point: no bureaucrat should be able is what this proposal does. complex appeals process before they to deny an American his or her con- Now, we have, as they have failed to can be reemployed. stitutional rights just because someone point out, a system in place at the Vet- Let me say again, if we do nothing else handles their finances. erans’ Administration so that if some- about this rule, it will prevent law-

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.037 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H900 CONGRESSIONAL RECORD — HOUSE February 2, 2017 abiding Americans who are able to do den of proof from the government to back 8 years of Obama administration so from getting off the disability rolls the individual to ensure their constitu- overreach. and returning to work. tional right is not stripped away. Today we are stopping an egregious We can work together on construc- Moreover, as a member of the Social violation that flies in the face of the tive ways to prevent those who would Security subcommittee, I am very con- Constitution. This regulation, finalized do us harm from having access to fire- cerned that this rule falls way outside in the final days of the Obama Presi- arms and explosives. This rule is not the bounds of the Social Security Ad- dency, would deny certain Social Secu- the way to do so. ministration’s mission. Instead of rity recipients their Second Amend- I urge support for the resolution. using the Social Security administra- ment rights without due process. Mr. CONYERS. Mr. Speaker, I yield 2 tor’s field office staff to help Ohioans If you receive Social Security dis- minutes to the gentleman from New manage and understand their benefits, ability payments and someone helps York (Mr. HIGGINS). this rule diverts resources away from you manage those payments, this regu- Mr. HIGGINS of New York. Mr. that core mission toward one that is lation stops you from being able to Speaker, I rise in opposition to H.J. constitutionally suspect. purchase a firearm, your name gets Res. 40 with a message, and that is: Do That is why I am proud to be an added to a Federal database, and the not repeal this rule. original cosponsor of Chairman SAM The Social Security Administration burden is on you to prove it doesn’t be- JOHNSON of Texas’ resolution that pro- rule is intended to promote and to pre- long there. This is absolutely out- tects Americans’ Second Amendment serve the integrity of gun ownership in rageous. rights and protects Americans with America. This regulation discriminates against I have heard it said by gun owner ad- disabilities, their constitutional right, individuals with disabilities by denying vocates that a steady hand is the best to due process under the law. them their Second Amendment rights gun control. I believe that, but a I urge my colleagues to support this and violating their rights of due proc- steady hand requires a rationale mind. joint resolution of disapproval. ess. And it gives far too much power to The Social Security Administration Mr. CONYERS. Mr. Speaker, I yield bureaucrats at the Social Security Ad- rule that my colleagues on the other myself such time as I may consume. ministration, who should be focused on side want to eliminate is written care- Members of the House, we have some making sure people get the benefits fully and narrowly, affecting a very organizational support for opposing they deserve, not deciding who can own small group of people with a very se- this resolution. The first is the AFL– a gun. vere, long-term mental disorder that CIO, one of our largest unions in the This is why we are standing up for makes them unable to do any kind of country. The second is the Consumer the Second Amendment rights of all work in the U.S. economy, even part- Federation of America, and then there disabled citizens. Being disabled time or with very low wages and, also, is this great organization, Everytown doesn’t make you a danger to society, people not mentally capable of man- for Gun Safety across the country. and getting help managing your bene- aging their own benefits. In addition, the Americans for Re- fits doesn’t mean you forfeit your con- The Social Security Administration sponsible Solutions organization is op- stitutional rights. rule ensures that individuals, who are posed to H.J. Res. 40. Finally, the Mr. Speaker, I want to absolutely already prohibited from having guns Brady Center to Prevent Gun Violence thank Congressman SAM JOHNSON and under existing Federal law, have their is also opposed to this measure, as is Congressman RALPH ABRAHAM for their names included on the National In- the Consumer Federation of America. leadership on this issue. I strongly sup- stant Criminal Background Check Sys- b 1415 port this resolution, and I urge my col- tem. If Members believe this rule needs leagues to do the same. Mr. Speaker, 93 percent of Americans further refinement or that it does not Mr. Speaker, I include in the RECORD support background checks and believe afford adequate due process, then we additional letters of support. that systems should be in place to en- should have the conversation with an NATIONAL ASSOCIATION OF COUNTY sure that guns are not in the hands of eye toward improving the rule, but BEHAVIORAL HEALTH & DEVELOP- individuals who have been determined MENT DISABILITY DIRECTORS, that is not what has been done. Unfor- already by Federal law to be unable to Washington, DC, February 1, 2017. tunately, this is what we are not dis- use them safely. Re NACBHDD and NARMH Letter of Support I urge my colleagues to reject H.J. cussing today. Instead, H.J. Res. 40 for the CRA on the SSA NICS Rule. Res. 40. would invalidate all aspects of this rule Hon. PAUL RYAN, Mr. SAM JOHNSON of Texas. Mr. and prohibit the agency from adopting Speaker of the House, Speaker, I yield such time as he may substantially the same rule. Washington, DC. consume to the gentleman from Ohio We should not summarily dismiss Hon. NANCY PELOSI, Office of the Democratic Leader, (Mr. RENACCI). this rule, which would undermine the Mr. RENACCI. Mr. Speaker, I thank effort to make the NICS more effec- Washington, DC. DEAR SPEAKER RYAN AND DEMOCRATIC Chairman SAM JOHNSON of Texas for tive. If H.J. Res. 40 passes Congress and is signed into law, some individuals LEADER PELOSI: NACBHDD and NARMH urge his work on this important resolution you to support a Congressional Review Act and his many years of service to our will be able to pass firearm background (CRA) resolution to disapprove the Final country. checks solely because Congress pre- Rule issued by the Social Security Adminis- Mr. Speaker, in the final weeks of vented relevant records from being sub- tration (SSA) on December 19, 2016, ‘‘Imple- President Obama’s final term, the So- mitted to the system. mentation of the NICS Improvement Amend- cial Security Administration finalized The Social Security Administration’s ments Act of 2007. This rule would require a rule that flat out discriminates rule is about making Americans safer the Social Security Administration to for- against millions of individuals with from the scourge of gun violence and, ward the names of all Social Security Dis- unfortunately, believe me, H.J. Res. 40 ability Insurance (SSDI) and Supplemental disabilities by denying them their Sec- Security Income (SSI) benefit recipients who ond Amendment rights. would do the opposite. use a representative payee to help manage But it gets worse. Not only does the Mr. Speaker, I reserve the balance of their benefits due to a mental impairment to rule place these innocent individuals’ my time. the National Instant Criminal Background names in the National Instant Crimi- Mr. SAM JOHNSON of Texas. Mr. Check System (NICS). nal Background Check System, it does Speaker, I yield 3 minutes to the gen- NACBHDD is a national organization that so in a way that strips them of their tlewoman from Indiana (Mrs. represents county mental health, substance due process. Specifically, it would sub- WALORSKI). use, and developmental; disability directors ject these people to a very timely ap- Mrs. WALORSKI. Mr. Speaker, I rise in Washington, DC. NARMH represents rural mental health in the Capital. today in strong support of H.J. Res. 40. peals process requiring them to prove Prior to the issuance of the Final Rule, their own innocence before their name As part of our bold agenda for the NACBHDD and NARMH conveyed our opposi- could be removed. American people, we are reining in the tion to the rule through a letter to the In other words, this rule turns due out-of-control bureaucracy in Wash- Obama Administration and through the pub- process on its head by shifting the bur- ington. We are taking action to roll lic comment process. We join many of our

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.038 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H901 mental health coalition members and advo- Our specific concerns about the rule are recipients who use a representative payee to cates who—opposed the rule for a number of the following: help manage their benefits due to a mental reasons, including: There is no evidence supporting the propo- impairment to the National Instant Criminal The damaging message that may be sent sition that people who are assigned Rep- Background Check System (NICS). The rule by a SSA policy change, which focused on re- resentative Payees on the basis of mental ill- is inconsistent with the statute it imple- porting individuals who receive assistance ness or other mental disabilities pose in- ments, has no evidentiary justification, from representative payees in managing creased risks for gun violence or threats to would wrongly perpetuate inaccurate stereo- their benefits to the NICS gun database. The public safety; types of individuals with mental disabilities current public dialogue is replete with inac- Although the NICS Improvements Act of as dangerous, and would divert already too- curate stereotyping of people with mental 2007 allows agencies to transmit the names scarce SSA resources away from efforts to disabilities as violent and dangerous, and of individuals who have been ‘‘adjudicated’’ address the agency’s longstanding backlog of there is a real concern that the kind of pol- to lack the capacity to manage their own af- unprocessed benefits applications toward a icy change encompassed by this rule will re- fairs, the assignment of a Representative mission in which the agency has little exper- inforce those unfounded assumptions. Payee to a recipient of Supplemental Secu- tise. The absence of any data suggesting that rity Income (SSI) or Social Security Dis- First, there is no statutory basis for the there is any connection between the need for ability Insurance (SSDI) is not equivalent to rule. The National Instant Criminal Back- a representative payee to manage one’s So- an adjudication. Rather, it is a unilateral de- ground Check System (NICS) statute author- cial Security disability benefits and a pro- termination by the SSA that a person may izes the reporting of an individual to the pensity toward gun violence. need help in managing his or her benefits. NICS database on the basis of a determina- The absence of any meaningful due process There is no hearing, the beneficiary is af- tion that the person ‘‘lacks the capacity to protections prior to the SSA’s transmittal of forded no oppornmity to testify or provide contract or manage his own affairs’’ as a re- names to the NICS database. Although the evidence why he or she should not be as- sult of ‘‘marked subnormal intelligence, or NICS Improvements Act of 2007 allows agen- signed a Representative Payee, and there are mental illness, incompetency condition or cies to transmit the names of individuals no other due process protections typically disease.’’ The appointment of a representa- who have been ‘‘adjudicated’’ to lack the ca- associated with formal adjudications. tive payee simply does not meet this stand- pacity to manage their own affairs, SSA’s The new rule reinforces unfounded percep- ard. It indicates only that the individual process does not constitute an adjudication tions associating mental illness and other needs help managing benefits received from and does not include a finding that individ- mental disabilities with violence. Scientific SSA. uals are broadly unable to manage their own studies that have assessed risk factors for vi- Second, the rule puts in place an ineffec- affairs. olence contain no evidence linking difficul- tive strategy to address gun violence, devoid Based on similar concerns, the National ties with managing benefits with increased of any evidentiary basis, targeting individ- Council on Disability, an independent federal risks for violence. uals with representative payees and mental agency charged with advising the President, SSI and SSDI provide vital links to med- impairments as potential perpetrators of gun Congress, and other federal agencies regard- ical benefits for people with mental illness. violence. In doing so, it also creates a false ing disability policy, has urged Congress to The rule may deter individuals from apply- sense that meaningful action has been taken use the Congressional Review Act to repeal ing for these benefits for fear that their to address gun violence and detracts from this rule. names will be added to a public database potential prevention efforts targeting actual We urge Congress to act, through the CRA maintained by the FBI. Without such bene- risks for gun violence. process, to disapprove this new rule and pre- fits, access to mental health treatment and Third, the rule perpetuates the prevalent vent the damage that it inflicts on the dis- services will be impeded. false association of mental disabilities with ability community. Mr. Speaker and Madam Leader, NAMI as- violence and undermines important efforts Sincerely yours, serts that the adoption of this misguided to promote community integration and em- RON MANDERSCHEID, PHD, rule in the aftermath of Congressional adop- ployment of people with disabilities. The Executive Director. tion of a comprehensive bill to improve men- rule may also dissuade people with mental tal health care in America is exactly the impairments from seeking appropriate treat- NATIONAL ALLIANCE wrong step to take. We therefore urge Con- ment or services, or from applying for finan- ON MENTAL ILLNESS, gress to act, through the CRA process, to dis- cial and medical assistance programs. Arlington, VA, January 31, 2017. approve this new rule and prevent the dam- Finally, the rule creates enormous new Hon. PAUL RYAN, age it inflicts on people with mental illness burdens on SSA without providing any addi- Speaker of the House, and other disabilities. tional resources. Implementation of the rule Washington, DC. Thank you for your prompt attention to will divert scarce resources away from the Hon. NANCY PELOSI, these concerns. core work of the SSA at a time when the Office of the Democratic Leader, Sincerely, agency is struggling to overcome record Washington, DC. MARY GILIBERTI, J.D., backlogs and prospective beneficiaries are DEAR SPEAKER RYAN AND DEMOCRATIC Chief Executive Officer. waiting for months and years for determina- LEADER PELOSI: The National Alliance on tions of their benefits eligibility. Moreover, Mental Illness (NAMI) writes to urge you to NATIONAL ASSOCIATION FOR RIGHTS SSA lacks the expertise to make the deter- support a Congressional Review Act (CRA) PROTECTION AND ADVOCACY, minations about safety that it would be resolution to disapprove the Final Rule Huntsville, LA, January 31, 2017. called upon to make as part of the relief issued by the Social Security Administration Hon. MITCH MCCONNELL, process established by the rule. (SSA) on December 19, 2016, ‘‘Implementa- Senate Majority Leader, Based on similar concerns, the National tion of the NICS Improvement Amendments Washington, DC. Council on Disability, an independent federal Act of 2007.’’ This rule would require the So- Hon. CHUCK SCHUMER, agency charged with advising the President, cial Security Administration to forward the Senate Minority Leader, Congress, and other federal agencies regard- names of all Social Security and Supple- Washington, DC. ing disability policy, has urged Congress to mental Security Income (SSI) disability DEAR MAJORITY LEADER MCCONNELL AND use the Congressional Review Act to repeal beneficiaries who use a representative payee MINORITY LEADER SCHUMER: The National this rule. We urge Congress to act, through to help manage their benefits, and who have Association of Rights Protection and Advo- the CRA process, to disapprove this new rule been found eligible by meeting or equaling cacy (NARPA) urges you to support a Con- and prevent the damage that it inflicts on an SSA mental impairment listing, to the gressional Review Act (CRA) resolution to the disability community. National Instant Criminal Background disapprove the Final Rule issued by the So- Sincerely, Check System (NICS). cial Security Administration (SSA) on De- ANN RIDER, NAMI is the nation’s largest grassroots cember 19, 2016, ‘‘Implementation of the President. mental health organization dedicated to NICS Improvement Amendments Act of building better lives for the millions of 2007.’’ NARPA was formed in 1981 to provide NATIONAL COUNCIL Americans affected by mental illness, with education and advocacy in the mental health ON INDEPENDENT LIVING, more than 1,100 state and local affiliates na- arena. Members are attorneys, people with Rochester, New York, January 27, 2017. tionwide. NAMI recognizes and supports the psychiatric histories, mental health profes- Hon. PAUL RYAN, need to prioritize reducing gun violence in sionals and administrators, academics, and Speaker of the House, the U.S. However, we are gravely concerned non-legal advocates. Central to NARPA’s Washington, DC. that the rule, as adopted, perpetuates un- mission is the promotion of those policies Hon. NANCY PELOSI, founded stereotypes about people with men- and strategies that represent the preferred Office of the Democratic Leader, tal illness and other mental disabilities that options of people who have been diagnosed Washington, DC. have no basis in fact. Moreover, we believe with psychiatric disabilities. DEAR SPEAKER RYAN AND DEMOCRATIC that the rule may have unintended negative This rule requires the Social Security Ad- LEADER PELOSI: The National Council on consequences, including deterring individ- ministration to forward the names of Social Independent Living (NCIL) urges you to sup- uals from seeking or receiving help when Security Disability Insurance (SSDI) and port a Congressional Review Act (CRA) reso- they need it. Supplemental Security Income (SSI) benefit lution to disapprove the Final Rule issued by

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the Social Security Administration (SSA) on surance (SSDI) and Supplemental Security NATIONAL DISABILITY December 19, 2016, ‘‘Implementation of the Income (SSI) benefit recipients who use a RIGHTS NETWORK, NICS Improvement Amendments Act of representative payee to help manage their Washington, DC, January 30, 2017. 2007.’’ This rule would require the Social Se- benefits due to a mental impairment to the Re National Disability Rights Network let- curity Administration to forward the names National Instant Criminal Background ter of support for Use of Congressional of all Social Security Disability Insurance Check System (NICS). Review Act on the Social Security Ad- (SSDI) and Supplemental Security Income NDLA is a national cross-disability coali- ministration NICS Rule. (SSI) benefit recipients who use a represent- tion that represents the authentic voice of Hon. PAUL RYAN, ative payee to help manage their benefits people with disabilities. NDLA is led by 14 Speaker of the House, due to a mental impairment to the National national organizations run by people with Washington, DC. Instant Criminal Background Check System disabilities with identifiable grassroots con- Hon. NANCY PELOSI, (NICS). stituencies around the country. The NDLA Office of the Democratic Leader, NCIL represents people with disabilities, steering committee includes: ADAPT, the Washington, DC. Centers for Independent Living (CILs), American Association of People with Dis- DEAR SPEAKER RYAN AND DEMOCRATIC Statewide Independent Living Councils abilities, the American Council of the Blind, LEADER PELOSI: The National Disability (SILCs), and other organizations that advo- the Association of Programs for Rural Inde- Rights Network (NDRN) urges you to sup- cate for the human and civil rights of people pendent Living, the Autistic Self Advocacy port a Congressional Review Act (CRA) reso- with disabilities throughout the country. Network, the Hearing Loss Association of lution to disapprove the Final Rule issued by Prior to the issuance of the Final Rule, America, Little People of America, the Na- the Social Security Administration on De- NCIL joined the CCD Rights Task Force to tional Association of the Deaf, the National cember 19, 2016, ‘‘Implementation of the convey its opposition to the rule through a Coalition for Mental Health Recovery, the NICS Improvement Amendments Act of letter to the Obama Administration and National Council on Independent Living, the 2007.’’ This rule would require the Social Se- through the public comment process. We— National Federation of the Blind, the Na- curity Administration (SSA) to forward the and many other members of CCD—opposed tional Organization of Nurses with Disabil- names of all Social Security Disability In- the rule for a number of reasons, including: ities, Not Dead Yet, Self Advocates Becom- surance (SSDI) and Supplemental Security The damaging message that may be sent ing Empowered, and the United Spinal Asso- Income (SSI) benefit recipients who use a by a SSA policy change, which focused on re- ciation. representative payee to help manage their porting individuals who receive assistance benefits due to a mental impairment to the from representative payees in managing Prior to the issuance of the Final Rule, National Instant Criminal Background their benefits to the NICS gun database. The NDLA conveyed its opposition to the rule Check System (NICS). current public dialogue is replete with inac- through letters to Vice President Biden, to NDRN is the nonprofit membership organi- curate stereotyping of people with mental President Obama, and to Congress. NDLA zation for the federally mandated Protection disabilities as violent and dangerous, and members also raised concerns through let- and Advocacy (P&A) and Client Assistance there is a real concern that the kind of pol- ters to the Obama Administration and Program (CAP) agencies for individuals with icy change encompassed by this rule will re- through the public comment process. We— disabilities. Collectively, the P&A/CAP Net- inforce those unfounded assumptions. and many other disability rights organiza- The absence of any data suggesting that tions—opposed the rule for a number of rea- work is the largest provider of legally based there is any connection between the need for sons, including: advocacy services to people with disabilities in the United States. a representative payee to manage one’s So- The damaging message that may be sent cial Security disability benefits and a pro- Prior to the issuance of the Final Rule, by a SSA policy change, which focused on re- NDRN joined the Consortium for Citizens pensity toward gun violence. porting individuals who receive assistance The absence of any meaningful due process with Disabilities (CCD) Rights Task Force from representative payees in managing conveying its opposition to the rule through protections prior to the SSA’s transmittal of their benefits to the NICS gun database. The names to the NICS database. Although the a letter to the Obama Administration and current public dialogue is replete with inac- through the public comment process. We— NICS Improvements Act of 2007 allows agen- curate stereotyping of people with mental cies to transmit the names of individuals and many other members of CCD—opposed disabilities as violent and dangerous, and the rule for a number of reasons, including: who have been ‘‘adjudicated’’ to lack the ca- there is a real concern that the kind of pol- pacity to manage their own affairs, SSA’s The damaging message that would be sent icy change encompassed by this rule will re- by a SSA policy change, which focuses on re- process does not constitute an adjudication inforce those unfounded assumptions. and does not include a finding that individ- porting individuals who receive assistance uals are broadly unable to manage their own The absence of any data suggesting that from representative payees in managing affairs. there is any connection between the need for their benefits to the NICS gun database. The Based on similar concerns, the National a representative payee to manage one’s So- current public dialogue is replete with inac- Council on Disability, an independent federal cial Security disability benefits and a pro- curate stereotyping of people with mental agency charged with advising the President, pensity toward gun violence. disabilities as violent and dangerous, and Congress, and other federal agencies regard- The absence of any meaningful due process there is a real concern that the kind of pol- ing disability policy, has urged Congress to protections prior to the SSA’s transmittal of icy change encompassed by this rule will re- use the Congressional Review Act to repeal names to the NICS database. Although the inforce those unfounded assumptions. this rule. NICS Improvements Act of 2007 allows agen- The absence of any data suggesting that We urge Congress to act, through the CRA cies to transmit the names of individuals there is any connection between the need for process, to disapprove this new rule and pre- who have been ‘‘adjudicated’’ to lack the ca- a representative payee to manage one’s SSDI vent the damage that it inflicts on the dis- pacity to manage their own affairs, SSA’s benefits and a propensity toward gun vio- ability community. process does not constitute an adjudication lence. We look forward to an opportunity to and does not include a finding that individ- The absence of any meaningful due process speak with you and your staff about our con- uals are broadly unable to manage their own protections prior to the SSA’s transmittal of cerns. affairs. names to the NICS database. Although the NICS Improvements Act of 2007 allows agen- Respectfully, Based on similar concerns, the National cies to transmit the names of individuals KELLY BUCKLAND, Council on Disability, an independent federal who have been ‘‘adjudicated’’ to lack the ca- Executive Director. agency charged with advising the President, pacity to manage their own affairs, SSA’s Congress, and other federal agencies regard- process does not constitute an adjudication JANUARY 31, 2017. ing disability policy, has urged Congress to and does not include a finding that individ- Hon. PAUL RYAN, use the Congressional Review Act to repeal uals are broadly unable to manage their own Speaker of the House, this rule. Washington, DC. affairs. Hon. NANCY PELOSI, We urge Congress to act, through the CRA Based on similar concerns, the National Office of the Democratic Leader, process, to disapprove this new rule and pre- Council on Disability, an independent federal Washington, DC. vent the damage that it inflicts on the dis- agency charged with advising the President, DEAR SPEAKER RYAN AND DEMOCRATIC ability community. Congress, and other federal agencies regard- LEADER PELOSI: The National Disability Sincerely, ing disability policy, has urged Congress to Leadership Alliance (NDLA) urges you to ADAPT, American Association of People use the Congressional Review Act to repeal support a Congressional Review Act (CRA) with Disabilities, Association of Programs this rule. resolution to disapprove the Final Rule for Rural Independent Living (APRIL), Au- We urge Congress to act, through the CRA issued by the Social Security Administration tistic Self Advocacy Network, Little People process, to disapprove this rule and prevent (SSA) on December 19, 2016, ‘‘Implementa- of America, National Association of the the damage that it may cause on the dis- tion of the NICS Improvement Amendments Deaf, National Coalition for Mental Health ability community. Act of 2007.’’ This rule would require the So- Recovery, National Council on Independent We look forward to an opportunity to cial Security Administration to forward the Living, National Organization of Nurses with speak with you and your staff about our con- names of all Social Security Disability In- Disabilities, Not Dead Yet. cerns.

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.033 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H903 Sincerely, backlogs and prospective beneficiaries are Mr. SAM JOHNSON of Texas. Mr. CURT DECKER, waiting for months and years for determina- Speaker, I yield 3 minutes to the gen- Executive Director. tions of their benefits eligibility. Moreover, tleman from Texas (Mr. ARRINGTON). SSA lacks the expertise to make the deter- Mr. ARRINGTON. Mr. Speaker, the NEW YORK ASSOCIATION OF PSY- minations about safety that it would be regulatory state in America is alive CHIATRIC REHABILITATION SERV- called upon to make as part of the relief ICES, INC., process established by the rule. and well. I wish I could say as much for Albany, NY, January 31, 2017. Based on similar concerns, the National our economy and our personal free- Hon. PAUL RYAN, Council on Disability, an independent federal doms, but I believe that that is about Speaker of the House, agency charged with advising the President, to change thanks in large part to the Washington, DC. Congress, and other federal agencies regard- recent Presidential election. Hon. NANCY PELOSI, ing disability policy, has urged Congress to Over the last 8 years, we have re- Office of the Democratic Leader, use the Congressional Review Act to repeal placed a free enterprise system with a Washington, DC. this rule. We urge Congress to act, through regulatory bureaucracy that has DEAR SPEAKER RYAN AND DEMOCRATIC the CRA process, to disapprove this new rule LEADER PELOSI: On behalf of thousands of and prevent the damage that it inflicts on crushed our economy, stifled our inno- New Yorkers with psychiatric disabilities, the disability community. vation, and quashed the great Amer- the New York Association of Psychiatric Re- Please feel free to contact me at any time. ican spirit. habilitation Services (NYAPRS) urges you to Sincerely, America has never seen such an on- support a Congressional Review Act (CRA) HARVEY ROSENTHAL, slaught of abusive and burdensome ac- resolution to disapprove the Final Rule Executive Director. tions from the fourth branch of govern- issued by the Social Security Administration ment. The cumulative cost of regula- (SSA) on December 19, 2016, ‘‘Implementa- SAFARI CLUB INTERNATIONAL, tion of the NICS Improvement Amendments tions on our American economy is al- Washington, DC, January 31, 2017. most $2 trillion. It costs almost $60 bil- Act of 2007.’’ Re Safari Club International Support for By way of reference, NYAPRS is a 36 year lion just to enforce all the regulations House Joint Resolution 40. old statewide coalition that has brought to- on the books. gether New Yorkers with psychiatric disabil- Hon. PAUL RYAN, Let me give you, though, an example ities and community recovery providers to Speaker of the House, of a regulation that is far worse in its advance policies, programs and social condi- Washington, DC. Hon. NANCY PELOSI, effects than just simply economic bur- tions that advance recovery, rehabilitation, den or burden on our people. rights and community inclusion. House Minority Leader, This rule would require the Social Security Washington, DC. Today, I stand with my friend and Administration to forward the names of So- DEAR SPEAKER RYAN AND MINORITY LEADER great American hero, SAM JOHNSON, in cial Security Disability Insurance (SSDI) PELOSI: Safari Club International (Safari strong support of H.J. Res. 40 to strike and Supplemental Security Income (SSI) Club) supports House Joint Resolution 40, down the Obama administration’s last- benefit recipients who use a representative which provides for Congressional disapproval ditch effort to infringe upon our Sec- payee to help manage their benefits due to a under the Congressional Review Act of the ond Amendment rights. In the 11th mental impairment to the National Instant final rule submitted by the Social Security hour, the Obama administration quiet- Criminal Background Check System (NICS). Administration (SSA) relating to ‘‘Imple- The rule is inconsistent with the statute it mentation of the NICS Improvement Amend- ly sneaked in a rule that threatens to implements, has no evidentiary justification, ments Act of 2007,’’ adopted on December 19, deny certain Social Security bene- would wrongly perpetuate inaccurate stereo- 2016, 81 Fed. Reg. 91702. ficiaries their right to purchase a fire- types of individuals with mental disabilities Safari Club seeks Congressional dis- arm. Federal law makes it a crime al- as dangerous, and would divert already too- approval of the rule for several reasons. It ready to possess a firearm if an indi- scarce SSA resources away from efforts to deprives an individual of the ability to re- vidual has been adjudicated as a men- address the agency’s longstanding backlog of ceive or possess a firearm, including for rec- tal defective or has been committed to unprocessed benefits applications toward a reational hunting, due to that individual’s a mental institution. This midnight mission in which the agency has little exper- inability to manage his or her financial af- tise. fairs (Firearms Rule). Under the Firearms rule designates Social Security bene- First, there is no statutory basis for the Rule, the prohibition would apply when the ficiaries as having a mental impair- rule. The National Instant Criminal Back- SSA designates a representative payee be- ment simply because they ask someone ground Check System (NICS) statute author- cause of the individual’s mental impairment. to manage their finances. izes the reporting of an individual to the A mental impairment that makes an indi- Just because an elderly or disabled NICS database on the basis of a determina- vidual incapable of handling his/her financial individual chooses to delegate their fi- tion that the person ‘‘lacks the capacity to affairs does not necessarily equate to an in- nancial responsibilities to another does contract or manage his own affairs’’ as a re- ability to properly abide by the law in the not make them mentally incompetent, sult of ‘‘marked subnormal intelligence, or use of firearms. The Firearms Rule unfairly mental illness, incompetency condition or attributes illegal conduct to law abiding nor does it waive their right to due disease.’’ The appointment of a representa- citizens. process. Many people, even in this tive payee simply does not meet this stand- In addition, the Firearms Rule fails in its Chamber, are designated to manage the ard. It indicates only that the individual attempt to rectify its unfair treatment of in- finances of their parents on Social Se- needs help managing benefits received from dividuals with mental impairments through curity, and they do so because their SSA. Second, the rule puts in place an inef- its program for individuals to request relief parents may prefer not to deal with the fective strategy to address gun violence, de- from Federal Firearms prohibitions. This complexities of our current financial void of any evidentiary basis, targeting indi- program places on the individual with a viduals with representative payees and men- environment. mental impairment the costly and burden- Not only would this proposed rule be tal impairments as potential perpetrators of some task of collecting and presenting data gun violence. In doing so, it also creates a to overcome the presumption that he or she a continuation of the Obama adminis- false sense that meaningful action has been is incapable of abiding by the law. This pro- tration’s regulatory fiat, it would be ir- taken to address gun violence and detracts gram forces upon law-abiding citizens the responsible and dangerous and a breach from potential prevention efforts targeting task of confronting a federal bureaucracy of one of our fundamental rights. We actual risks for gun violence. just to prove that they should not be un- cannot allow the Federal Government Third, the rule perpetuates the prevalent fairly treated as a criminal due to a mental to haphazardly restrict our freedoms false association of mental disabilities with impairment. and the freedoms of over 4 million law- violence and undermines important efforts For these reasons, Safari Club supports a to promote community integration and em- abiding Americans who would other- joint resolution stating ‘‘that Congress dis- wise be responsible gun owners. In fact, ployment of people with disabilities. The approves the rule submitted by the Social rule may also dissuade people with mental Security Administration relating to Imple- they are some of the most vulnerable impairments from seeking appropriate treat- mentation of the NICS Improvement Amend- Americans who need to be able to pro- ment or services, or from applying for finan- ments Act of 2007, and such rule shall have tect themselves. cial and medical assistance programs. no force or effect.’’ As noted by the Founders and in the Finally, the rule creates enormous new Sincerely, burdens on SSA without providing any addi- plain language of our Constitution, the LARRY HIGGINS, tional resources. Implementation of the rule Federal Government shall not infringe President, Safari Club International. will divert scarce resources away from the upon our right to keep and bear arms. core work of the SSA at a time when the Mr. CONYERS. Mr. Speaker, I re- Mr. CONYERS. Mr. Speaker, I yield agency is struggling to overcome record serve the balance of my time. myself such time as I may consume,

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.034 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H904 CONGRESSIONAL RECORD — HOUSE February 2, 2017 and I would like to emphasize several tablish a commonsense streamlining of b 1430 information which will help improve points additionally. Mr. SAM JOHNSON of Texas. Mr. The degree of impairment required our background check system for gun Speaker, I yield myself the balance of for reporting to the NICS is extremely purchases. my time. high, to the extent that someone is not It is important to note that individ- capable of working at any job in the uals with disabilities are actually more This is about constitutional rights of economy, no matter how basic. Some- likely to be victims than perpetrators individuals with disabilities. Just be- one receiving Social Security benefits of gun violence, which is why I support cause someone has a disability does not as a retiree, even if they have mental more far-reaching gun safety measures mean they are a threat to society. Fur- impairment and have been assigned a like universal background checks and a thermore, needing help to manage your representative payee, would not meet ban on the most dangerous weapons. benefits does not make you dangerous. the criteria for reporting to the NICS However, when there have been in- Mr. Speaker, I include in the RECORD because they are not receiving benefits stances of mass shootings committed additional letters of support. because of disability. by those with a history of mental AMERICAN ASSOCIATION OF Further, the rule went into effect in health issues, top Republicans, includ- PEOPLE WITH DISABILITIES, January, but compliance is not re- ing Speaker RYAN, have stood on this Washington, DC, January 26, 2017. very floor to say that they believe we Hon. PAUL RYAN, quired until December of this year. Speaker of the House, This would only impact claims going should focus on mental health issues. Well, this is their chance to prove that Washington, DC. forward and will not involve retro- Hon. NANCY PELOSI, actively assessing individuals already those were not just empty words; but, Office of the Democratic Leader, receiving Social Security disability instead, they are showing their true Washington, DC. payments based on mental impairment. loyalties and again resisting any at- DEAR SPEAKER RYAN AND DEMOCRATIC Mr. Speaker, I reserve the balance of tempt to strengthen basic safeguards LEADER PELOSI: The American Association of my time. to ensure responsible gun ownership. People with Disabilities (AAPD) urges you to Mr. SAM JOHNSON of Texas. Mr. This is a commonsense regulation support a Congressional Review Act (CRA) Speaker, I yield 2 minutes to the gen- that sets a high bar for referring names resolution to disapprove the Final Rule to the background check system. No issued by the Social Security Administration tleman from Florida (Mr. YOHO). (SSA) on December 19, 2016, ‘‘Implementa- Mr. YOHO. Mr. Speaker, I thank one’s rights are unduly restricted. An appeals process has been built in to af- tion of the NICS Improvement Amendments Chairman JOHNSON for standing up and Act of 2007.’’ This rule would require the So- defending our Nation’s Constitution ford due process. So it is clear that my cial Security Administration to forward the again, not just in his service to our Republican colleagues concerns’ are names of all Social Security Disability In- country during the Vietnam era, but not about safety, but about maxi- surance (SSDI) and Supplemental Security here in Congress and his many years mizing profits for gun manufacturers, Income (SSI) benefit recipients who use a here. even if it costs the lives of fellow representative payee to help manage their Mr. Speaker, I rise in support of this Americans. benefits due to a mental impairment to the National Instant Criminal Background legislation. As a tireless advocate for And worse, they are using the re- strictive Congressional Review Act to Check System (NICS). the protection of our Second Amend- do so. This will not only make it easier AAPD is a national disability rights orga- ment rights, I am disappointed, but not for even those with severe mental nization that works to improve the lives of surprised, in the Obama administra- health issues to buy a gun, but it will people with disabilities by acting as a con- tion’s attempt to impair Americans’ vener, connector, and catalyst for change, also take the option for writing similar right to own firearms, by fiat, in its increasing the economic and political power rules off the table forever, tying the last days of existence. It is unconscion- of people with disabilities. hands of all future administrations. able and unthinkable that a President Prior to the issuance of the Final Rule, This is reckless. Gun deaths are a AAPD conveyed its opposition to the rule to would do that to the citizens of this daily scourge in our country, and it is country. the Obama Administration. We, and many up to us to do whatever we can to miti- other disability rights organizations, op- This rule claims to strengthen the gate the risk of the dangerous weapons posed the rule for a number of reasons, in- National Instant Criminal Background in the wrong hands. I urge my col- cluding: Check but, in reality, acted as a gun leagues to vote ‘‘no’’ on this resolu- 1) The damaging message that may be sent grab on individuals who receive dis- tion. by a SSA policy change, which focused on re- ability insurance benefits or Supple- Mr. SAM JOHNSON of Texas. Mr. porting individuals who receive assistance mental Security Income payments. Speaker, having no other speakers, I from representative payees in managing Participants in those programs should their benefits to the NICS gun database. The reserve the balance of my time. current public dialogue is replete with inac- not be forced to worry that, in order to Mr. CONYERS. Mr. Speaker, I yield receive government assistance, they curate stereotyping of people with mental myself such time as I may consume. disabilities as violent and dangerous, and must sacrifice their constitutional lib- Members of the House, this is a very there is a real concern that the kind of pol- erty at the random whim of a govern- serious matter. This rule, and I have to icy change encompassed by this rule will re- ment bureaucrat. The Second Amend- emphasize this, does not run afoul of inforce those unfounded assumptions. ment to our Constitution states very the Second Amendment. You can op- 2) The absence of any data suggesting that clearly that the right to keep and bear pose this—well, let’s put it like this: there is any connection between the need for arms ‘‘shall not be infringed,’’ and Con- The Heller Court, in the Supreme a representative payee to manage one’s So- gress cannot stand by and allow unac- Court case, said that ‘‘nothing in the cial Security disability benefits and a pro- countable rulemaking from a previous Court’s opinion should be taken to cast pensity toward gun violence. administration to infringe on that doubt on longstanding prohibitions on 3) The absence of any meaningful due proc- right. ess protections prior to the SSA’s trans- the possession of firearms by felons and mittal of names to the NICS database. Al- I urge my colleagues to support this the mentally ill.’’ I emphasize ‘‘and the though the NICS Improvements Act of 2007 legislation. mentally ill.’’ allows agencies to transmit the names of in- Mr. CONYERS. Mr. Speaker, I yield 3 And it is in that sense that I join dividuals who have been ‘‘adjudicated’’ to minutes to the gentlewoman from Cali- with the AFL–CIO, Consumer Federa- lack the capacity to manage their own af- fornia (Ms. JUDY CHU), my colleague, a tion of America, Everytown for Gun fairs, SSA’s process does not constitute an member of the Judiciary Committee. Safety, Americans for Responsible So- adjudication and does not include a finding Ms. JUDY CHU of California. Mr. lutions, the Brady Center to Prevent that individuals are broadly unable to man- age their own affairs. Speaker, I rise in strong opposition to Gun Violence, and many thoughtful AAPD urges Congress to act, through the this use of the Congressional Review citizens who support the Second Act to repeal the Social Security Ad- CRA process, to disapprove this new rule to Amendment in opposing the measure prevent the damage that it inflicts on the ministration’s rule strengthening the that is on the floor now. disability community and the extraor- National Instant Criminal Background I urge Members to vote ‘‘no.’’ dinarily damaging message it sends to soci- Check System. The rule in question Mr. Speaker, I yield back the balance ety that people with mental impairments implements already-existing law to es- of my time. could should be feared and shunned.

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Thank you for taking our position into ASSOCIATION OF MATURE THE ARC, consideration. AMERICAN CITIZENS, Washington, DC, January 30, 2017. Yours truly, February 1, 2017. Hon. PAUL RYAN, HELENA R. BERGER, Hon. CHUCK GRASSLEY, Speaker of the House, President & CEO. U.S. Senator, Iowa, Washington, DC. Washington, DC. Hon. NANCY PELOSI, Hon. RALPH ABRAHAM, Office of the Democratic Leader, ADAPT, 5th District, Louisiana, Washington, DC. Rochester, NY, January 31, 2017. Washington, DC. DEAR SPEAKER RYAN AND DEMOCRATIC ADAPT urges you to support a Congres- Hon. SAM JOHNSON, LEADER PELOSI: The Arc of the United States Chairman, Social Security Subcommittee, House sional Review Act (CRA) resolution to dis- (The Arc) writes to urge you to support a Committee on Ways and Means, Wash- approve the Final Rule issued by the Social Congressional Review Act (CRA) resolution ington, DC. Security Administration (SSA) on December to disapprove the Final Rule issued by the 19, 2016, ‘‘Implementation of the NICS Im- DEAR SENATOR GRASSLEY, CHAIRMAN JOHN- Social Security Administration (SSA) on De- provement Amendments Act of 2007.’’ This SON, AND CONGRESSMAN ABRAHAM: On behalf cember 19, 2016, ‘‘Implementation of the rule would require the Social Security Ad- of the 1.3 million members of AMAC, the As- NICS Improvement Amendments Act of ministration to forward the names of all So- sociation of Mature American Citizens, I am 2007.’’ This rule would require the Social Se- cial Security Disability Insurance (SSDI) writing in support of the Joint Resolution to curity Administration to forward the names and Supplemental Security Income (SSI) protect certain Americans’ Second Amend- of all Social Security and Supplemental Se- benefit recipients who use a representative ment rights, H.J. Res. 40. Using the Congres- curity Income (SSI) disability beneficiaries payee to help manage their benefits due to a sional Review Act, this Joint Resolution is who use a representative payee to help man- mental impairment to the National Instant meant to undo a Social Security Administra- age their benefits, and who have been found eligible by meeting or equaling an SSA men- Criminal Background Check System (NICS). tion (SSA) regulation that would deprive thousands of Americans who are disabled and tal impairment listing, to the National In- ADAPT is a national grass-roots commu- who utilize a ‘‘representative payee’’ in order stant Criminal Background Check System nity that organizes disability rights activists to acquire their benefits of their ability to (NICS). to engage in nonviolent direct action, in- purchase a firearm. This regulation is both The Arc is the largest national commu- cluding civil disobedience, to assure the civil unnecessary and unfair to thousands of law- nity-based organization advocating for peo- and human rights of people with disabilities abiding seniors and citizens who wish to ex- ple with intellectual and developmental dis- to live in freedom. ercise their basic Second Amendment rights. abilities (I/DD) and their families, with over 660 state and local chapters nationwide. The We oppose the rule for a number of rea- In December 2016, SSA finalized a rule pro- Arc is devoted to promoting and protecting sons, including: viding that any American receiving dis- the human and civil rights of people with in- ability benefits due to a ‘‘mental disability’’ 1) The damaging message that may be sent tellectual and developmental disabilities and by a SSA policy change, which focused on re- and who are also receiving assistance in has over 60-years of history of advocating for porting individuals who receive assistance managing their benefits should be labeled the rights of children and adults with dis- from representative payees in managing ‘‘mentally defective.’’ As a result, those who abilities. The Arc is concerned about the their benefits to the NICS gun database. The are inappropriately labeled as ‘‘mentally de- safety of all Americans, including through current public dialogue is replete with inac- fective’’ are mandatorily reported to the Na- gun violence. However, The Arc—and many curate stereotyping of people with mental tional Instant Criminal Background Check other members of the Consortium for Citi- disabilities as violent and dangerous, and System—a federal list of people who are zens with Disabilities (CCD)—opposes the there is a real concern that the kind of pol- barred from purchasing firearms—as re- rule for a number of reasons, including: quired by the Gun Control Act. This finalized icy change encompassed by this rule will re- The damaging message that may be sent rule unjustly equates persons with disabil- inforce those unfounded assumptions. by an SSA policy change, which focused on ities and those who require assistance to 2) The absence of any data suggesting that reporting individuals who receive assistance manage their benefits to those who are actu- from representative payees in managing there is any connection between the need for ally ‘‘mentally defective.’’ their benefits to the NICS gun database. The a representative payee to manage one’s So- Aside from the fact that this regulation in- current public dialogue is replete with inac- cial Security disability benefits and a pro- appropriately equates disabled persons rely- curate stereotyping of people with mental pensity toward gun violence. ing on representative payees with those who disabilities as violent and dangerous, and 3) The absence of any meaningful due proc- are ‘‘mentally defective,’’ AMAC objects to there is a real concern that the kind of pol- ess protections prior to the SSA’s trans- the way in which this regulation has been icy change encompassed by this rule will re- mittal of names to the NICS database. Al- implemented. Over the past several years, inforce those unfounded assumptions. though the NICS Improvements Act of 2007 Americans, particularly seniors, have been The absence of any data suggesting that allows agencies to transmit the names of in- at the mercy of executive overreach and there is any connection between the need for dividuals who have been ‘‘adjudicated’’ to mandate. As millions of American seniors a representative payee to manage ones So- lack the capacity to manage their own af- rely on SSA for their retirement income, the cial Security disability benefits and a pro- fairs, SSA’s process does not constitute an burden of this regulation has been largely pensity toward gun violence. adjudication and does not include a finding concentrated in our communities. This Joint The absence of any meaningful due process that individuals are broadly unable to man- Resolution is a welcome reprieve to seniors protections when interfering with an individ- age their own affairs. who have had their Second Amendment ual’s constitutional right, prior to the SSA’s rights subverted by an administration and Based on similar concerns, the National transmittal of names to the NICS database. agency with significant influence over their Although the NICS Improvements Act of 2007 Council on Disability, an independent federal retirement income. allows agencies to transmit the names of in- agency charged with advising the President, As an organization committed to rep- dividuals who have been ‘‘adjudicated’’ to Congress, and other federal agencies regard- resenting the interests of mature Americans lack the capacity to manage their own af- ing disability policy, have urged Congress to and seniors, AMAC is dedicated to ensuring fairs, SSA’s process does not constitute an use the Congressional Review Act to repeal senior citizens’ interests are protected. This adjudication and does not include a finding this rule. midnight regulation has placed an undue that individuals are broadly unable to man- We urge Congress to act, through the CRA burden on those requiring assistance to man- age their own affairs. process, to disapprove this new rule and pre- age their benefits and who suffer from dis- The potential for the rule to deter some vent the damage that it inflicts on the dis- ability. As an organization, we thank Sen- people with mental impairments from seek- ability community. ator Grassley, Chairman Johnson, Congress- ing access to the Social Security and SSI disability benefits that they are eligible for, We look forward to an opportunity to man Abraham, and their respective staffs for their quick response and steady resolve to out fear of being added to the NICS or having speak with you and your staff about our con- protect seniors and those who have been af- their privacy violated. cerns. fected by this regulation. We ask Congress to Sincerely, We urge Congress to act, through the CRA quickly pass this Joint Resolution and re- BRUCE DARLING, process, to disapprove this new rule and pre- National Organizer. store the basic Second Amendment rights vent the damage that it inflicts on the dis- this rule has abridged. ability community. Sincerely, Respectfully Submitted, DAN WEBER, MARTY FORD, President and Founder of AMAC. Senior Executive Officer, Public Policy.

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AUTISTIC SELF ADVOCACY NETWORK, COUNCIL FOR CITIZENS our office commented on Social Security’s Washington, DC, January 30, 2017. AGAINST GOVERNMENT WASTE, propsal to report certain beneficiaries to the Hon. PAUL RYAN, Washington, DC, February 1, 2017. federal firearms database. A copy of these Speaker of the House, House of Representatives, comments is attached. Despite those com- Washington, DC. Washington, DC. ments, and many others, the agency went Hon. NANCY PELOSI, DEAR REPRESENTATIVE, You will soon con- ahead with its proposal. 81 Fed. Reg. 91702 Office of the Democratic Leader, sider a number of resolutions that will dis- (December 19, 2016). According to press re- Washington, DC. approve rules offered within the last six ports today, you will soon have before you a months of the Obama Administration, pursu- DEAR SPEAKER RYAN AND DEMOCRATIC joint resolution disapproving these new regu- ant to the Congressional Review Act. On be- LEADER PELOSI: The Autistic Self Advocacy lations. This is to urge you carefully to con- half of the more than one million members Network (ASAN) urges you to support a Con- sider, and, if appropriate, pass this joint res- and supporters of the Council for Citizens gressional Review Act (CRA) resolution to olution. Against Government Waste (CCAGW), I urge disapprove the Final Rule issued by the So- This is not a situation where Congress you to support the following resolutions: would be asserting its political will over an cial Security Administration (SSA) on De- Rep. Bill Johnson’s (R-Ohio) resolution to cember 19, 2016, ‘‘Implementation of the agency that carefully analyzed the com- disapprove the Department of the Interior’s ments on its proposed regulations and re- NICS Improvement Amendments Act of (DOI) Stream Protection rule. The rule re- 2007.’’ This rule would require the Social Se- sponded to those comments in a thoughtful writes more than 400 regulations, while way. Instead, in its responses to comments, curity Administration to forward the names threatening one-third of the nation’s coal of all Social Security Disability Insurance Social Security: mining workforce. The rule would also over- 1) Simply failed to take into account that (SSDI) and Supplemental Security Income ride preferable existing regulations at both (SSI) benefit recipients who use a represent- its disability determination process does not the state and federal level. purport to decide whether someone is a ative payee to help manage their benefits Rep. Bill Huizenga’s (R-Mich.) resolution due to a mental impairment to the National ‘‘mental defective,’’ that Social Security is to disapprove the Securities and Exchange not the kind of ‘‘court, board, commission, Instant Criminal Background Check System Commission’s (SEC) rule, ‘‘Disclosure of (NICS). or other lawful authority’’ that makes such Payments by Resource Extraction Issuers.’’ findings, and that written decisions saying The Autistic Self Advocacy Network is a The SEC, whose mission is to maintain effi- that someone qualifies for benefits typically nationwide 501(c)(3) advocacy organization cient markets, estimates compliance of the do not mention whether the person meets or run by and for autistic people ourselves. rule could reach $591 million annually. The equals the mental Listings, thus omitting in- ASAN promotes public education and public rule also fails to protect investors and pre- formation necessary for people to decide policies that are aimed at eliminating stig- vents capital formation. whether to appeal. 81 Fed. Reg. at 91703. matizing attitudes and increasing autistic Rep. Sam Johnson’s (R-Texas) resolution 2) Relied, repeatedly, for its legal analysis Americans’ access to all aspects of the com- to disapprove a rule promulgated by the So- on a DOJ Guidance that has not been pub- munity. cial Security Administration relating to the lished anywhere, let alone published in the Prior to the issuance of the Final Rule, the National Instant Criminal Background Federal Register. 81 Fed. Reg. at 91703, 91704, Autistic Self Advocacy Network conveyed its Check System (NICS). This rule misinter- 91706. opposition to the rule through a letter to the prets the NICS Improvements Amendment 3) Responded to the suggestion that people Obama Administration and through the pub- Act, and it allows disability or Supplemental might not apply for disability benefits they lic comment process, in addition to joining Security Income beneficiaries to be deemed deserved because they would be reported to in public comments as a member of the Con- ‘‘mental defectives’’ in NICS without any the database by saying that the reason they sortium of Citizens with Disabilities Rights due process as required by law. were on the database would be kept private, Rep Virginia Foxx’s (R-N.C.) resolution to Task Force. We—and many other disability so they would not be ‘‘stigmatized’’ or ‘‘em- disapprove the so-called ‘‘blacklisting’’ rule rights organizations—opposed the rule for a barrassed.’’ 81 Fed. Reg. at 91707. It isn’t a promulgated by the Department of Defense, number of reasons, including: matter of stigmas or embarrassments. It’s a General Services Administration, and Na- matter of wanting to own a firearm and 1) The damaging message that may be sent tional Aeronautics and Space Administra- being discouraged from applying for benefits by a SSA policy change, which focused on re- tion. This rule requires employers bidding on because you know that if you get benefits porting individuals who receive assistance federal contracts to disclose both violations you may lose your property. from representative payees in managing and alleged violations of state and federal 4) Agreed that the process can assign some- their benefits to the NICS gun database. The labor laws for every contract bid, and to up- one a representative payee even though the current public dialogue is replete with inac- date that information every six months dur- person is competent, 81 Fed. Reg. at 91709–10, curate stereotyping of people with mental ing the contract. This rule unnecessarily but did not see that this fact ought to keep disabilities as violent and dangerous, and drives up the cost of projects, violates due that person from going onto the federal fire- there is a real concern that the kind of pol- process, and puts small business at a dis- arms database; and icy change encompassed by this rule will re- advantage. 5) Completely failed to analyze whether inforce those unfounded assumptions. Rep. Rob Bishop’s (R-Utah) resolution to putting someone on the database restricts 2) The absence of any data suggesting that disapprove the Bureau of Land Manage- Alaskan subsistence activities as protected there is any connection between the need for ment’s (BLM) Venting and Flaring rule. This by ANILCA. a representative payee to manage one’s So- rule is an example of agency overreach, as This is agency decisionmaking that is, for cial Security disability benefits and a pro- BLM lacks the statutory authority to regu- want of a better word, wrong. It deserves to pensity toward gun violence. late air quality. Further, the rule fails to ad- be analyzed and rejected under the Congres- dress BLM’s real problem: a backlog of per- 3) The absence of any meaningful due proc- sional Review Act. mits for the pipelines, in turn forcing the ess protections prior to the SSA’s trans- Mr. SAM JOHNSON of Texas. Mr. methane companies to vent and flare gases mittal of names to the NICS database. Al- wastefully. Speaker, as the ACLU said: ‘‘We oppose though the NICS Improvements Act of 2007 It is critical that Congress removes as this rule because it advances and rein- allows agencies to transmit the names of in- many of the ‘‘midnight regulations’’ as pos- forces the harmful stereotype that peo- dividuals who have been ‘‘adjudicated’’ to sible forced on taxpayers by the previous ad- lack the capacity to manage their own af- ple with mental disabilities, a vast and ministration. All votes on these resolutions fairs, SSA’s process does not constitute an diverse group of citizens, are violent. will be among those considered for CCAGW’s adjudication and does not include a finding There is no data to support a connec- 2017 Congressional Ratings. that individuals are broadly unable to Man- tion between the need for a representa- Sincerely, age their own affairs. TOM SCHATZ. tive payee to manage one’s Social Se- Based on similar concerns, the National President. curity disability benefits and a propen- Council on Disability, an independent federal sity toward gun violence.’’ agency charged with advising the President, DISABILITY LAW CENTER, Mr. Speaker, we must act today to Congress, and other federal agencies regard- Anchorage, AK, January 25, 2017. protect the rights of individuals with ing disability policy, has urged Congress to Re: Social Security ‘‘Implementation of the disabilities. use the Congressional Review Act to repeal NICS Improvement Amendments Act of Mr. Speaker, I urge the adoption of this rule. 2007’’. H.J. Res. 40, and I yield back the bal- We urge Congress to act, through the CRA Sen. LISA MURKOWSKI, ance of my time. process, to disapprove this new rule and pre- Anchorage, Alaska. Mr. HOYER. Mr. Speaker, I have always vent the damage that it inflicts on the dis- Sen. DAN SULLIVAN, been a strong ally of the disability community ability community. Anchorage, Alaska. Sincerely, Congressman DON YOUNG, and have paid close attention to the concerns SAMANTHA CRANE, Anchorage, Alaska. many have had with this rule. Director of Public Policy, DEAR SENATORS MURKOWSKI AND SULLIVAN, I’m proud to have been the lead sponsor of Autistic Self-Advocacy Network. AND CONGRESSMAN YOUNG: This past summer, the Americans with Disabilities Act in 1990,

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SERVICES ADMINISTRATION, commonsense gun safety laws that would pre- Rather than work with a new administrator AND THE NATIONAL AERO- vent violent and dangerous individuals with to improve the rule, the Majority would rather NAUTICS AND SPACE ADMINIS- mental disabilities from purchasing firearms. have no rule at all because this bill not only TRATION However, the Republican-led Congress would repeals this background check improvement Mr. CHAFFETZ. Mr. Speaker, pursu- not allow even a vote on such legislation. rule, it also prohibits the federal government ant to House Resolution 74, I call up President Obama took a series of limited from issuing a similar rule in the future. the joint resolution (H.J. Res. 37) dis- steps within his authority, one of which was We’ve got it backwards. We shouldn’t be re- approving the rule submitted by the this rule, whose aim has been to prevent pealing gun safety rules, we should be Department of Defense, the General those who shouldn’t have guns from obtaining strengthening them. Gun violence is an epi- Services Administration, and the Na- them. I believe that, absent action from Con- demic in this country and we have done lit- tional Aeronautics and Space Adminis- gress to enhance our background check sys- erally nothing in Congress about it since Re- tration relating to the Federal Acquisi- tem, this rule represents an imperfect but nec- publicans took the majority in the House in tion Regulation, and ask for its imme- essary step. 2011. diate consideration. I urge my colleagues to oppose this bill. It is imperfect because it stigmatizes the dis- The Clerk read the title of the joint ability community unfairly and needs a strong- Mr. DANNY K. DAVIS of Illinois. Mr. Speak- er, I strongly oppose this bill that uses dan- resolution. er appeals process to protect the rights of The SPEAKER pro tempore. Pursu- gerous procedure to advance dangerous pol- those who fall under its purview. I disagree ant to House Resolution 74, the joint icy to erode our important firearms back- with the premise that having a mental dis- resolution is considered read. ground check system and undermine public ability that precludes independent manage- The text of the joint resolution is as ment of one’s finances correlates with a safety. In response to the tragic mass shooting at follows: heightened risk of violence. I have read the H.J. RES. 37 rule and recognize that it was written in a nar- Virginia Tech, the National Instant Criminal Background Check System Improvement Resolved by the Senate and House of Rep- row way so that it applies only to those with resentatives of the United States of America in severe mental illnesses. Amendment Act was passed by Congress unanimously and signed into law by President Congress assembled, That Congress dis- I’ve had many discussions over the past approves the rule submitted by the Depart- several days with leaders in the disability com- Bush because everyone agreed that we need ment of Defense, the General Services Ad- munity. I’ve grappled with the very difficult federal and State agencies to submit relevant ministration, and the National Aeronautics questions this resolution poses and ultimately information to maintain an accurate, effective and Space Administration relating to the decided that, given these circumstances, the system. Federal Acquisition Regulation (published at best step right now is to oppose this resolu- This bill directly undermines public safety by 81 Fed. Reg. 58562 (August 25, 2016)), and such rule shall have no force or effect. tion. permanently blocking a federal agency from I look forward to working closely with the submitting records to this critical safeguard The SPEAKER pro tempore. The gen- disability community and gun safety advocates system. tleman from Utah (Mr. CHAFFETZ) and I know the high cost of gun violence on fam- to push for Congress to take up legislation the gentleman from Maryland (Mr. ilies and communities. I know that policy mak- that keeps all Americans safe from gun vio- CUMMINGS) each will control 30 min- ers have an obligation to address public safety lence while protecting the rights of those with utes. carefully and responsibly. Reasonable people differing abilities. The Chair recognizes the gentleman Mrs. CAROLYN B. MALONEY of New York. can disagree about whether the rule by the from Utah. Mr. Speaker, I rise in strong opposition to this Social Security Administration struck the right GENERAL LEAVE misguided resolution that will only imperil the balance between the threshold and process Mr. CHAFFETZ. Mr. Speaker, I ask lives of more Americans. reporting to the background system. While op- unanimous consent that all Members In 2007, this body passed the National In- ponents have raised some concerns about may have 5 legislative days in which to stant Criminal Background Check System Im- whether there is sufficient due process in this revise and extend their remarks and in- provement bill with a unanimous voice vote. rule, the solution is not to block the rule en- clude extraneous material on H.J. Res. We all agreed that the background check tirely. Rather, the solution is to fix it. 37. system needed better information, especially Therefore, I oppose this CRA because it The SPEAKER pro tempore. Is there after dangerous individuals slipped through the would permanently prohibit the Social Security objection to the request of the gen- cracks and were able to purchase guns they Administration from ever reporting individuals tleman from Utah? never should have been allowed to buy in the to this critical safety system, which is an ex- There was no objection. first place. treme, dangerous, irresponsible, and irrevers- Mr. CHAFFETZ. Mr. Speaker, I yield Like Jared Loughner, who killed six people ible action that threatens the safety of our myself such time as I may consume. communities. Mr. Speaker, I rise today in strong in Arizona who were at a grocery store to The SPEAKER pro tempore. All time meet our colleague Gabby Giffords. support of the resolution. for debate has expired. During the past 8 years, the number He passed background checks even though Pursuant to House Resolution 71, the of newly issued regulations and the he had a history of drug use and disturbing previous question is ordered. behavior that should have been in the system. The question is on the engrossment costs of those regulations have surged. So the Obama Administration, at Congress’s and third reading of the joint resolu- By the prior administration’s own esti- direction wrote this rule to make sure that fed- tion. mates, Federal regulations promul- eral mental health records make their way into The joint resolution was ordered to gated over the last 10 years alone have the background check system, so that it can be engrossed and read a third time, and imposed a cost of more than $100 bil- effectively deny purchases to individuals who was read the third time. lion annually on American taxpayers. are already prohibited from buying guns. The SPEAKER pro tempore. The H.J. Res. 37, which we are considering And let’s be clear about what we’re talking question is on the passage of the joint today under the Congressional Review about. resolution. Act procedures, represents an impor- This rule only affects those with very se- The question was taken; and the tant step toward rolling back this tsu- vere, long-term mental disorders, and who Speaker pro tempore announced that nami of rules. Once a CRA resolution of have been identified by doctors and psycholo- the ayes appeared to have it. disapproval for a rule is enacted, agen- gists as severely mentally disabled. Mr. CONYERS. Mr. Speaker, I de- cies cannot reissue the rule or any sub- It does not paint disability recipients with a mand a recorded vote. stantially similar rules in the future. broad brush. A recorded vote was ordered. H.J. Res. 37 revokes the Fair Pay and 8.8 million Americans receive Social Secu- The SPEAKER pro tempore. Pursu- Safe Workplaces rule, otherwise known rity disability benefits, yet SSA estimates only ant to clause 8 of rule XX, further pro- as the blacklisting rule. 75,000 would meet the criteria under this rule. ceedings on this question will be post- I want to thank Chairwoman FOXX That is less than one percent. poned. for her leadership on this resolution of

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This rule re- What that means is the big are prob- record of integrity, and business ethics. quires Federal contractors to report ably getting bigger, but the small guy, The Fair Pay and Safe Workplaces violations and alleged violations of 14 the mom, the pop, and the woman who rule would require Federal contractors Federal labor laws and undefined is starting a new business and wants to to self-report on violations of 14 funda- equivalent State labor laws for the pre- compete for these Federal contracts mental Federal labor and non- vious 3 years. Contractors must collect don’t have a fighting chance. For the discrimination laws. and report this information every time Federal Government to put more bur- This includes laws like the Occupa- they submit a proposal for a contract dens on there, especially things that tional Safety and Health Act, or OSHA; and then every 6 months during the haven’t been substantiated, is just not the Fair Labor Standards Act; the contract performance. Then Federal fair, and it is just not right. Family and Medical Leave Act; and the Civil Rights Act. contract officers consult with their b 1445 agency’s newly created agency labor These Federal laws apply to all busi- compliance adviser before determining The rule duplicates existing labor en- nesses in the United States, and a vast if a contractor is eligible for a contract forcement mechanisms to hold con- majority of Federal contractors com- award. tractors accountable and, therefore, I ply with them as well. Unfortunately, There are a number of reasons this believe, is not necessary. studies by the GAO, the Center for rule should be revoked. The Federal ac- Revoking this rule will not leave American Progress, and others show quisition system is already a very com- Federal contractors free to violate that there are a few bad apples that plex, inefficient system. This con- labor laws. To the contrary, the De- consistently violate these fundamental tractor blacklisting rule is exactly the partment of Labor has significant over- Federal labor laws, yet continue to be type of requirement an already com- sight and investigation resources to en- awarded Federal contracts. plex Federal acquisition system does force the Federal labor law. That is just plain wrong. Americans’ not need. The rule adds another con- Further, if there is a bad-apple con- tax dollars should not go to contrac- tractor clause to an increasingly long tractor not complying with the law, tors who persistently and willfully vio- list of clauses in every Federal con- contract officers already have the au- late such laws. tract. It slows down a process that al- thority to refer contractors for suspen- It also puts contractors who do obey ready has trouble delivering goods and sion and disbarment. the law at an unfair disadvantage be- services in a timely manner. It in- This rule raises due process and First cause they willingly bear the cost of creases the burden on Federal contract Amendment concerns. One of the most compliance to provide safe and fair officers who have to review and assess disturbing parts of the rule is that con- workplaces. The Fair Pay and Safe Workplaces the significant volume of information tractors would be required to report al- rule would also improve the effective- and take on the role of labor law ex- leged violations—not confirmed—just ness and efficiency of the Federal ac- perts. the alleged violations of the 14 Federal quisition process by promoting healthy The rule imposes significant costs on labor laws, and the undefined equiva- and productive workplaces. contractors, which means the govern- lent of State labor laws. As the final rule notes, ‘‘Contractors ment, which ultimately means the tax- It deprives contractors of their legal that consistently adhere to labor laws payers. The rule itself is estimated to rights to challenge such allegations. are more likely to have workplace cost contractors and subcontractors The reporting requirement covers non- practices that enhance productivity more than $458 million in the first year final administrative merits determina- and increase the likelihood of timely, and $413 million in the second year of tions without regard to the severity of predictable, and satisfactory delivery its implementation. Some experts be- the alleged violation. Contractors would have to disclose of goods and services.’’ lieve the government underestimated This rule should be a win-win. It these costs. National Labor Relations Board com- plaints, OSHA citations, EEOC non- helps the Federal Government ensure The cost to establish a new informa- compliance with fundamental labor tion collection, reporting, and assess- final letters of determination, even though these cases have not been adju- and nondiscrimination laws and, at the ment system to comply with the rule same time, improve the efficiency of would be prohibitively expensive for dicated and the record is incomplete. Contractors challenged this rule in the Federal contracting process. most contractors, especially the small I urge our Members to vote ‘‘no’’ on Federal Court, and the judge, in grant- contractors. Mr. Speaker, this is where this ill-conceived disapproval resolu- ing a preliminary injunction for the the rubber meets the road. It is these tion. small contractors. rule, found this reporting requirement Mr. Speaker, I ask unanimous con- In fiscal year 2016, the Federal Gov- could also impact contractors’ First sent that the gentleman from Virginia Amendment rights. The judge said that ernment spent more than $470 billion (Mr. BOBBY SCOTT), the ranking mem- contracting for goods and services. We the rule could result in compelled ber of the Committee on Education and need to be looking for ways to reduce, speech by requiring contractors to re- the Workforce, be allowed to control not increase, spending in this area. port allegations that would cause a the time on this side. The rule discourages competition and reputational harm, particularly if after The SPEAKER pro tempore. Is there reduces access to innovation. The last adjudication the allegation is found to objection to the request of the gen- thing we need to do for the Federal ac- be without merit. tleman from Maryland? quisition system is to discourage com- This rule increases costs, complexity, There was no objection. petition and innovation, particularly and reduces competition in the Federal Mr. SCOTT of Virginia. Mr. Speaker, for first time participants who want to acquisition system. We are having I reserve the balance of my time. join the Federal marketplace. There trouble getting new entrants in to Mr. CHAFFETZ. Mr. Speaker, I yield are already so many barriers to entry, compete as contractors, and, therefore, as much time as she may consume to particularly for these small businesses. I urge the support of the passage of the gentlewoman from North Carolina So think about the small business at H.J. Res. 37. (Ms. FOXX), the lead sponsor of the home. They want to compete for these Mr. Speaker, I reserve the balance of joint resolution and the chair of the Federal contractors. They may be a my time. committee. very small organization. Mr. CUMMINGS. Mr. Speaker, I yield Ms. FOXX. Mr. Speaker, I thank the Even after we pass the resolution of myself such time as I may consume. chairman of the Oversight and Govern- disapproval, there are still rules, there Mr. Speaker, I rise in strong opposi- ment Reform Committee for yielding are still laws, and there are still a lot tion to this resolution which would dis- time.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.045 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H909 Mr. Speaker, we are here today to The facts are clear: this rule is fa- ever, contracting officers don’t have stand up for workers, taxpayers, and tally flawed. It is not in the best inter- access to a list of those violations until small businesses. est of workers, small-business owners, this rule is issued, nor are contracting We all agree employers who do busi- our military or hardworking taxpayers. officers required to review a bidder’s ness with the Federal Government It is also unnecessary, but you don’t labor violations history. should be held to high standards, and have to take my word for it. The rule implementing the executive their employees deserve strong protec- Last October, our colleagues in the order on Fair Pay and Safe Workplaces tions. That is why for decades the Fed- Congressional Progressive Caucus— does not add any extra layers of re- eral Government has had a system in Representatives KEITH ELLISON and view. Rather, it would fill that data place to deny contracts to employers RAU´ L GRIJALVA said: ‘‘The Department gap by requiring contractors to dis- who violate Federal labor laws. of Labor has full authority under cur- close whether they have violations of Time and again, Republicans in Con- rent law to hold Federal contractors 14 longstanding labor laws, including gress urged the Obama administration accountable.’’ the Fair Labor Standards Act, OSHA, to enforce the current system to ensure I could not agree more. In fact, that Vietnam Era Veterans Readjustment workers receive fair pay and safe work- is what Republicans have been saying Assistance Act, and nondiscrimination places. all along. laws. Instead, the previous administration I urge my colleagues to stand up for It only applies to contracts over did the exact opposite. It went in workers, small-business owners, tax- $500,000, so we are not talking about search of a problem that doesn’t exist. payers, and our national security by mom-and-pop operations. But if listing It took its eye off the ball, and we are supporting this commonsense resolu- those violations of fair pay and safe here today to demand better. tion. Then let’s work together to en- workplace laws constitutes an adminis- The Obama blacklisting rule empow- sure existing policies are enforced and trative burden, more the reason to ers government agencies to deny em- workers have the protections they de- make them be listed. ployers Federal contracts for alleged serve. They are to be disclosed. And al- violations of various Federal labor laws Mr. CHAFFETZ. Mr. Speaker, I ask though we have heard about allega- and similar State laws. That is right. unanimous consent that the gentle- tions, and although some violations Under this rule, bureaucrats can deter- woman from North Carolina (Ms. FOXX) may not be final, the only thing that mine employers are guilty until proven be permitted to control the remainder has to be disclosed are those violations innocent, and then deny them the abil- of my time. for which there has been an agency de- ity to do business with the Federal The SPEAKER pro tempore. Is there termination. That is, an allegation is Government. objection to the request of the gen- made, it is investigated, and the com- This is one important reason why a tleman from Utah? pany has been found to be in violation. Federal district judge recently blocked There was no objection. It may be on appeal or whatnot, but implementation of the rule because it Ms. FOXX. I reserve the balance of there has at least been an agency de- would have a chilling effect on the due my time. termination of guilt. process rights of American citizens. Mr. SCOTT of Virginia. Mr. Speaker, The rule requires contracting officers But that is not the only reason why we I yield myself such time as I may con- to focus on whether such violations are are here today. Rather than streamline sume. serious, repeated, willful or pervasive. the procurement process to better pro- Before I address the disapproval reso- The rule helps bring those contractors tect taxpayers and workers, the Obama lution, I just want to acknowledge the with a history of violations into com- administration added new layers of red important role Federal contractors pliance by way of labor compliance tape on to a system plagued by delays have in meeting the needs of the Fed- agreements so they can continue to be and inefficiencies. Simply put, this eral Government. Employment and considered for contracting opportuni- rule is a bureaucratic nightmare. It critical services in many districts, in- ties while they improve their records. turns our already complex Federal pro- cluding my own, are heavily reliant on Some have mislabeled this rule as curement process into a convoluted Federal contractors, including those the ‘‘blacklisting rule,’’ but this sug- regulatory maze. who serve a critical role for our Na- gestion and characterization ignores Despite what our Democrat col- tion, supporting the needs of the mili- the rules’ meaningful compliance pro- leagues will claim, this rule will actu- tary, the Coast Guard, Homeland Secu- vision. The reality is that this rule ally hurt workers by making a system rity, and many others. would, according to the nonpartisan designed for their protection less effi- That said, it is imperative that con- Congressional Research Service, en- cient. Law-abiding small-business own- tractors are bidding on a level playing courage agency contract officials to ers, the backbone of our Nation’s econ- field when they compete for contracts. push bidders with serious labor law vio- omy, will be less inclined to bid on Unfortunately, this resolution would lations ‘‘to enter into labor compliance Federal contracts. effectively reward contractors who cut agreements’’ rather than to disbar or As a result, we will see less competi- corners, endanger the rights of their suspend them. tion in the Federal contracting proc- workers, and, studies show, com- I want to point out that a coalition ess. With less competition, hard- promise quality. of 20,000 construction contractors sub- working taxpayers will be forced to pay Although most Federal contractors mitted testimony to the Small Busi- more for goods and services provided to obey labor laws, studies by the GAO, ness Committee where they wrote: the U.S. Government. the Senate HELP Committee, and oth- ‘‘Employers—primes and subs have Perhaps most concerning is the ers document that Federal contractors more rights, remedies and redress for threat this rule poses to our national with histories of serious, willful, and non-responsibility determinations security. Higher costs and a delayed repeated violations of labor employ- based on lack of integrity or business contracting process will jeopardize the ment and nondiscrimination laws con- ethics under the executive order than resources our Armed Services depend tinue to be rewarded with Federal con- the current Federal Acquisition Regu- on to keep our Nation safe. With men tracts. lation procedures specifically provide.’’ and women currently stationed in For context, it is important to know Now, this testimony suggests that harm’s way, this is simply unaccept- that contracting rules already require the rules are far more contractor- able. agencies to determine whether or not a friendly than the detractors have char- If workers, taxpayers, and small busi- prospective contractor is responsible acterized. nesses stand to lose, then who stands before awarding a contract. Amongst It would be premature to dismantle to gain? the criteria considered is whether or this rule because it hasn’t even been The answer is Big Labor. Union lead- not the contractor has ‘‘a satisfactory put into effect because it has been ers often file frivolous legal complaints record of integrity and business eth- under a court injunction. Further, re- to gain leverage against employers. ics,’’ and ‘‘a satisfactory performance pealing the rule under the CRA would This is just one more partisan rule that record.’’ bar future consideration of substan- stacks the deck in favor of union lead- As previous speakers have noted, vio- tially similar rules unless Congress en- ers. lations can already be considered. How- acts subsequent enabling legislation.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.046 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H910 CONGRESSIONAL RECORD — HOUSE February 2, 2017 So the bottom line is that there are tion, we pay more, so the tax dollars This resolution harms veterans, in- winners and there are losers if this leg- that we send here to Washington are cluding disabled veterans. Repeal islation passes. The winners, if this leg- not used as efficiently as they ought to means that we won’t know whether a islation passes, would be companies be. contract bidder routinely violates sec- who willfully, and repeatedly, and per- The Committee on Small Business tion 503 of the Rehabilitation Act, vasively violate labor laws. The win- held several hearings and roundtables which Paralyzed Veterans of America, ners would be the contractors who cut on this rule over the last 2 years, heard Disabled American Veterans, and Vets corners and gain an unfair competitive directly from small businesses, and ex- First say is ‘‘necessary to prevent dis- advantage over law-abiding contrac- amined the Obama administration’s crimination in the workplace and dur- tors. rule very closely. What we found was ing the hiring process.’’ This resolution also harms older b 1500 quite alarming. The blacklisting rule would force in- workers. To quote AARP: ‘‘ . . . age The losers will be workers who are nocent small businesses to settle discrimination in the workplace per- employed by Federal contractors. They unproven claims, disclose commer- sists as a serious and pervasive prob- will be more susceptible to wage theft, cially sensitive information to their lem. The Fair Pay and Safe Workplaces unfair working conditions, and unsafe competitors, and report information Executive Order is the first executive workplaces run by unscrupulous con- the Federal Government already has. order since 1964 addressing the obliga- tractors. Losers will be the law-abiding So we are going through this whole tion of those who receive federal con- contractors who lose contracts because process, and the Federal Government tracts not to discriminate on the basis they abide by the laws protecting their has already got it; but they are not of age.’’ workers. competent enough to use what they If you don’t want your taxpayer dol- This is why the Fair Pay and Safe have already got, so they want to put lars to be used to undermine Fair Pay Workplaces rule enjoys support from a it on the contractor to do even more. It and Safe Workplaces protections, then widespread number of businesses, vet- makes no sense. all Members should oppose this resolu- erans, civil rights, and labor organiza- Ultimately, this rule will result in tion. tions from the Easterseals to Paralyzed small businesses being blacklisted from Ms. FOXX. Mr. Speaker, I yield 2 Veterans of America, to the Leadership participating in Federal contracting minutes to our distinguished colleague Conference on Civil Rights and the based on accusations—just accusa- from Michigan (Mr. MITCHELL). Mr. MITCHELL. Mr. Speaker, I rise International Brotherhood of Team- tions—where they may ultimately be today in support of H.J. Res. 37. I am sters. That is why I oppose this legisla- found innocent. They didn’t do any- proud to join Chairwoman FOXX and tion. thing wrong, yet they are barred from Chairmen CHAFFETZ and CHABOT as an Mr. Speaker, I reserve the balance of doing business with the government. my time. original cosponsor. Again, it makes no sense. H.J. Res. 37 would void the Fair Pay Ms. FOXX. Mr. Speaker, I yield 3 I urge my colleagues to support H.J. minutes to the distinguished gen- and Safe Workplaces rule, commonly Res. 37. Passage of this joint resolution known as the blacklisting rule. The tleman from Ohio (Mr. CHABOT), the will undo a duplicative and unneces- chair of the Committee on Small Busi- blacklisting rule is an additional layer sary regulation that harms small busi- of Federal bureaucracy that crushes ness. ness, hurts competition, and prevents Mr. CHABOT. Mr. Speaker, I rise the ability of small and midsize compa- taxpayers from getting the best bang nies to compete for Federal contracts today in strong support of H.J. Res. 37. for their buck. I want to commend my colleague from and adversely impacts timing and effi- I again want to thank the chair- cient procurement while massively in- North Carolina (Ms. FOXX) for her lead- woman for her leadership in pushing ership in sponsoring this measure. I am creasing costs. this forward. I urge my colleagues to The blacklisting rule requires Fed- proud to be a cosponsor. support it. eral contractors to report violations, The blacklisting rule is a textbook Mr. SCOTT of Virginia. Mr. Speaker, including alleged violations of 14 Fed- example of executive overreach that I yield 2 minutes to the gentlewoman eral labor laws and equivalent State became standard operating procedure from Illinois (Ms. SCHAKOWSKY). laws, over the previous 3 years. Con- during the previous administration. In- Ms. SCHAKOWSKY. Mr. Speaker, I tractors have to collect that informa- stead of using the existing suspension rise in strong opposition to congres- tion from all of their subcontractors, and debarment system to deal with bad sional Republicans’ attempt to repeal and they are liable for that informa- actors, the Obama administration im- Fair Pay and Safe Workplaces protec- tion, placing a huge administrative posed an unnecessary regulation that tions for Federal contract workers. burden on those contractors. Also, not placed significant burdens on all Fed- We all know President Trump is no only when they bid for the contract, eral contractors, even though they ad- fan of transparency. He has steadfastly but every 6 months, they must renew mitted that ‘‘the vast majority of Fed- refused to disclose his own tax returns, that information. eral contractors play by the rules.’’ so it is no surprise that he and the Re- Federal contract officers—by the This kind of action—failing to en- publicans would oppose disclosure of way, there are over 37,000 of them, an force existing rules and then imposing labor, employment, civil rights, and amazing number—would then be re- a burdensome, redundant regulatory nondiscrimination law violations by quired to consult with newly created scheme—is exactly what frustrates the bidders for Federal contracts. labor compliance advisers. Yes, it cre- American people about Washington. We What I really don’t understand is ates more bureaucrats. all want bad actors to be held account- why Members of Congress would ask The final rule, itself, estimates costs able, but this rule is unnecessary red American taxpayers to subsidize com- for contractors and subcontractors of tape that punishes everyone for the ac- panies that routinely violate our labor more than $458 million in the first tions of a few. laws. Voting for this resolution actu- year—a half a billion dollars—and more As chairman of the Committee on ally rewards companies that discrimi- than $413 million in the second year. Small Business, I am concerned that nate, stiff their employees on pay, or Amazing costs. This compliance cost is we already have 100,000 fewer small cut corners on safety, and it puts re- catastrophic for small and midsize businesses doing business with the Fed- sponsible businesses that play by the businesses. eral Government than we did back in rules at a disadvantage. Those who deny workers basic pro- 2012. So in the second term of the This resolution harms women. tections are already protected by the Obama administration, we lost 100,000 Women make up the majority of low- suspension and debarment process. The small businesses doing business with wage workers. Fair Pay and Safe Work- blacklisting rule is simply another bu- the Federal Government across the places protections ensure that our tax reaucratic hoop. In 2015, nearly 1,000 country. That means we have less com- dollars do not support sexual harass- suspensions and 2,000 debarments were petition, and that is bad for job cre- ment and sex discrimination on the undertaken. Put simply, the suspen- ators and it is bad for taxpayers alike job, regular occurrences especially for sion and debarment system has worked because, when there is less competi- low-wage working women. to protect workers and government.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.048 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H911 Moreover, the rule requires contrac- We all agree that bad actors who independent contractors, ignoring health and tors and subcontractors to report on deny workers basic protections and safety hazards, or engaging in wage theft. alleged labor law violations and viola- violate the Fair Labor Standards Act Repealing these regulations will remove an tions that have not been fully adju- should not be rewarded with govern- important incentive for companies to pay their workers what they are due, protect dicated. A business could be deemed in- ment contracts funded by taxpayer dol- their health and safety, and comply with the eligible for a Federal contract, or lars. However, the Department of La- law. blacklisted, because the contractor re- bor’s rule effectively blacklists Federal The regulations are needed because the ported alleged labor law violations contractors for alleged violations and current procurement system does an inad- while still exercising their legal right would require contractors to defend equate job screening prospective contractors to pursue adjudication. That is anti- themselves against these allegations and their compliance (or non-compliance) thetical to our Constitution. without being entitled to a formal with the law. According to the U.S. Govern- H.J. Res. 37 will remove a regulation hearing. ment Accountability Office, federal con- tracts have been awarded to companies with that raises serious due process con- The Federal District Court has al- significant records of violating wage and cerns, duplicates existing enforcement ready ruled that the Department of hour, health and safety, and other worker mechanisms, increases the cost of Fed- Labor rule violates contractors’ due protection laws. A report by the Committee eral contracting, and expands the Fed- process rights. Additionally, this rule on Health, Education, Labor and Pensions eral bureaucracy. is unnecessary because the Department similarly found that the government regu- Mr. SCOTT of Virginia. Mr. Speaker, of Labor already has significant over- larly awards federal contracts to companies I yield 3 minutes to the gentlewoman sight and investigation capabilities to with significant violations of worker protec- tion laws. from Oregon (Ms. BONAMICI), the vice assess contractor compliance with Fed- Wiping out these regulations using the ranking member of the Committee on eral labor laws. Congressional Review Act is a draconian and Education and the Workforce. This rule supersedes agencies’ exist- unnecessary act. If Congress adopts this res- Ms. BONAMICI. Mr. Speaker, I rise ing authority to hold contractors ac- olution, agencies will be forever barred from today in opposition to H.J. Res. 37. countable under the current suspension adopting similar regulations in the future. President Obama’s Fair Pay and Safe and disbarment system. My question is This is overkill. If Congress has concerns Workplaces rule reinforces employ- why don’t they use it? about aspects of the regulations, it can work ment protections and laws that help Misguided regulatory policies, like with the Trump Administration to modify those provisions through the regular rule- veterans, individuals with disabilities, the blacklisting rule, don’t stop bad ac- older Americans, minorities, and making process. Congress should not use the tors, but they do end up adding new blunt instrument of the CRA to wipe out the LGBTQ workers. It protects workers in layers of redundant bureaucratic red rules and prevent their adoption in the fu- our country so they receive a fair day’s tape, harming employers and older ture. pay for a fair day’s work. workers, disabled workers, female Sincerely, This rule was passed in response to workers, minority workers, and work- WILLIAM SAMUEL, Director. discovering that billions of taxpayer ers, in general, alike. Government Affairs Department. dollars went to companies that vio- I urge my colleagues to support the lated Federal workplace laws. A con- [From the International Brotherhood of resolution of disapproval and roll back Teamsters, Feb. 2, 2017] tractor who cheats workers out of their this duplicative and unnecessary rule. pay, endangers their safety at work, or ROLL BACK OF ‘FAIR AND SAFE WORKPLACES’ Mr. SCOTT of Virginia. Mr. Speaker, WILL HURT WORKERS, REWARD BAD ACTORS engages in discriminatory practices can you advise both sides how much should be required at least to disclose HOFFA STATEMENT OF LEGISLATION AIMED AT time is remaining. RESCINDING EXECUTIVE ORDER this information when bidding for Fed- The SPEAKER pro tempore. The gen- WASHINGTON.—The following is a state- eral contracts. Taxpayer dollars should 1 tleman from Virginia has 17 ⁄2 minutes ment from Teamsters General President not support the exploitation of work- remaining. The gentlewoman from James P. Hoffa on the House of Representa- ers. That is just common sense. North Carolina has 121⁄2 minutes re- tive’s consideration of legislation later The resolution before us would also maining. today that would roll back the Fair Pay and remove critical protections for workers Mr. SCOTT of Virginia. Mr. Speaker, Safe Workplaces executive order issued by that allow them to access our judicial I yield 3 minutes to the gentleman President Obama in 2014 and instituted last year. system. The Fair Pay and Safe Work- from New Jersey (Mr. NORCROSS), a ‘‘Federal government contractors receive places rule bans forced arbitration in member of the Committee on Edu- workplace discrimination and sexual taxpayer dollars to provide a service or prod- cation and the Workforce. uct. And as part of that agreement, they assault cases for contracts of $1 million Mr. NORCROSS. Mr. Speaker, I in- should be expected to follow the law when it or greater, a policy already in place at clude in the RECORD two letters from comes to the workplace and their employees. the Department of Defense that was organizations that have long led the When they don’t, they hurt working fami- enacted with broad bipartisan support fight for workers’ rights: the AFL–CIO lies, they gain unfair advantage over compa- in 2010. Workers deserve the oppor- and the International Brotherhood of nies that play by the rules, and they should tunity to have their day in court to Teamsters. be held accountable for their actions. ‘‘That’s what the Fair Pay and Safe Work- seek justice for their sexual assault AFL–CIO, and discrimination claims. places executive order that took effect last February 1, 2017. August ensures. There is nothing controver- I oppose this resolution to disapprove DEAR REPRESENTATIVE: The AFL–CIO urges sial about it. Lawmakers should want work- of these protections because it gives se- you to oppose the Congressional Review Act ers to receive the paychecks they earn, be rial law violators a free pass at the resolution of disapproval of the regulations safe on the job and not be discriminated cost of workers’ safety, and it dis- implementing the Fair Pay and Safe Work- against. advantages the law-abiding contractors places Executive Order. ‘‘Taxpayer money should not be handed to in Oregon and across the country who The Fair Pay and Safe Workplaces regula- companies that blatantly violate labor and follow our Nation’s laws. tions implement the common-sense propo- workplace laws. If elected representatives sition that companies wanting to receive lu- H.J. Res. 37 before us today would re- are as truly interested in standing up for crative taxpayer-funded government con- workers as they claim, they will stop efforts ward unlawful and discriminatory con- tracts should comply with the law and re- to overturn rules that protect employee pay duct. I urge my colleagues to oppose it. spect workers’ rights. The Executive Order and ensure workers can provide for their Ms. FOXX. Mr. Speaker, I yield 2 and implementing regulations establish a families.’’ minutes to the gentleman from Michi- process for reviewing the records of compa- Founded in 1903, the International Brother- gan (Mr. WALBERG), the chairman of nies bidding for federal business and ensur- hood of Teamsters represents 1.4 million the Subcommittee on Health, Employ- ing that companies that receive this business hardworking men and women throughout the ment, Labor, and Pensions. comply with the law and respect workers’ United States, Canada and Puerto Rico. Mr. WALBERG. Mr. Speaker, I thank rights. The regulations improve the con- Mr. NORCROSS. Mr. Speaker, before tracting process and establish more fairness, the gentlewoman for yielding and for so that companies that respect workers’ entering public office, I was an elec- introducing this legislation and spon- rights do not have a competitive disadvan- trician. I used to work on top of soring it. I rise today in support of H.J. tage when competing against companies that bridges doing very dangerous work. Res. 37. cheat by misclassifying their workers as Imagine climbing 150 feet up over

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.050 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H912 CONGRESSIONAL RECORD — HOUSE February 2, 2017 water. But over the course of that ca- Now, Mr. Speaker, I know my col- America and disability advocates, in- reer, three times, there were gentlemen leagues on the other side say this is cluding Easterseals, the American As- I worked with who never went home, just about punishing bad actors. But sociation of People with Disabilities, never clocked out, never went home to this rule would require Federal con- and dozens more opposing the resolu- see their wife or their children. tractors to disclose even alleged viola- tion we are debating today. Every day, 13 Americans are killed tions of wrongdoing, regardless of Mr. Speaker, I include in the RECORD on the job; they didn’t go home to see whether or not there is any credibility both letters. their wife, their children, their hus- to the claims. Right now, there are ef- PARALYZED VETERANS OF AMERICA, band. Sometimes accidents are un- fective policies in place to prevent bad Washington, DC, January 30, 2017. Hon. PAUL RYAN, avoidable, but many, many times they actors and contractors that break the Speaker of the House of Representatives, House aren’t, and that is what we are talking law from receiving government con- of Representatives, Washington, DC. about here. tracts. Hon. NANCY PELOSI, b 1515 This could be especially damaging for Democratic Leader, House of Representatives, employers who are the target of union Washington, DC. The rule doesn’t talk about hurting organizing campaigns, or in a situation DEAR SPEAKER RYAN AND DEMOCRATIC companies. We are talking about basic where a competitor files a claim in an LEADER PELOSI: Paralyzed Veterans of Amer- ica urges you to reject a Congressional Re- information, the same information effort to gain a competitive advantage. that everybody in this room would ask view Act (CRA) disapproval resolution of the It elevates the risk of frivolous com- 2016 Federal Acquisition Regulation rule de- if they were building an addition on plaints and the loss of business. signed to reduce employment discrimination their house. You would want to know, Instead of muddying the water and against people with disabilities and veterans, if you were spending $10,000, whether or making it harder for our Nation’s including those with service-connected dis- not that contractor had any violations, small- and medium-sized businesses, abilities. PVA is the nation’s only Congres- did he finish the job, were people killed let’s use the current framework, not a sionally-chartered veterans’ service organi- zation solely dedicated to representing vet- on the job. But when we are spending new burdensome regulation, to enforce $81 billion of the American taxpayer, erans with spinal cord injuries and/or dis- the law and hold any bad actors ac- eases. somehow we don’t want to know that. countable. Disapproving this rule will weaken impor- If you go for a loan, they want to know I hope my colleagues will join me in tant nondiscrimination and affirmative hir- what your background is, even if you supporting this resolution to block an ing provisions intended for people with dis- had given it ten times before. If you overreaching and counterproductive abilities and veterans. For more than four are going to college, they certainly rule. decades, individuals with disabilities and want to know your background. Mr. SCOTT of Virginia. Mr. Speaker, veterans have been protected by federal laws So what we are talking about here is against discrimination in employment with I yield 2 minutes to the gentleman employers that do business with the federal simple transparency. It is not just from California (Mr. TAKANO), the government. In addition, these landmark about workplace safety. It is about giv- ranking member on the Subcommittee laws (Rehabilitation Act of 1973 and Vietnam ing a free pass for something that they on Workforce Protections. Era Veterans’ Readjustment Assistance Act did wrong. Let me repeat that. Some- Mr. TAKANO. Mr. Speaker, I thank of 1974) have required large federal contrac- thing that contractors did wrong. If the gentleman from Virginia for yield- tors to take affirmative action to recruit, they did nothing wrong, they have ing. hire, promote, and retain these individuals, nothing to fear. That is why I stand in Mr. Speaker, I rise today in opposi- who traditionally face higher unemployment rates than their peers. The Federal Acquisi- opposition to this rule. tion to overturning the Fair Pay and tion Regulation (81 Fed. Reg. 58562)—that is When I vote against this legislation, Safe Workplaces rule under the Con- being targeted by this CRA resolution of dis- I want everybody in this room to think gressional Review Act. Undoing this approval—simply ensures that companies about 13 men and women who aren’t rule would once again allow unethical that want to do business with the federal going home tonight, who wouldn’t have Federal contractors to collect billions government disclose whether they have been to tell anybody that they were killed of dollars from taxpayers while steal- in violation of these longstanding require- on their jobs. ments. ing from, endangering, and discrimi- Please ensure that veterans and other indi- Ms. FOXX. Mr. Speaker, I yield 2 nating against their employees. viduals with disabilities are not denied fair minutes to the gentleman from Ala- Right outside this building, on Janu- and equal employment opportunities by vot- bama (Mr. BYRNE), my distinguished ary 20, President Trump promised to ing against the CRA resolution of dis- colleague. give power back to the people and em- approval of the Federal Acquisition Regula- Mr. BYRNE. Mr. Speaker, I appre- power everyday Americans. I do not tion published at 81 Fed. Reg. 58562. ciate the chairwoman for yielding, and understand how allowing Federal con- Thank you for your consideration. Sincerely, for her leadership on our committee. tractors to hide records of wage theft, CARL BLAKE, I rise today to offer my strong sup- safety violations, and discrimination Associate Executive Director. port for H.J. Res. 37. This legislation is keeps that promise. about protecting our Nation’s workers, I am particularly concerned with CONSORTIUM FOR CITIZENS WITH small businesses, and taxpayers. what repealing this rule will mean for DISABILITIES, As a former labor and employment our Nation’s veterans. Because Federal February 1, 2017. attorney, I have seen the maze that contractors are encouraged to employ Hon. PAUL RYAN, businesses must jump through in order the men and women who have served, Speaker of the House of Representatives, House of Representatives, Washington, DC. to become a Federal contractor. Well, they will be greatly affected if we let Hon. NANCY PELOSI, this rule would only make things that companies off the hook for repeatedly Democratic Leader, House of Representatives, much harder for them. violating workplace laws. Washington, DC. This regulation, due to the price of In addition, President Obama’s exec- DEAR SPEAKER RYAN AND DEMOCRATIC compliance, could force small- and me- utive order helps to guarantee that LEADER PELOSI: The undersigned members of dium-sized businesses, who can’t afford Federal contractors comply with long- the Consortium for Citizens with Disabilities to hire a massive legal team, out of standing law that protects veterans (CCD) and our allies urge you to reject a Congressional Review Act (CRA) disapproval being able to get contracts with the and people with disabilities from dis- resolution of the 2016 Federal Acquisition Federal Government. crimination in the workplace. It also Regulation rule designed to reduce employ- This rule will add subjectivity to the encourages contractors to recruit, hire, ment discrimination against people with dis- Federal procurement process and de- promote, and retain these individuals. abilities and veterans, including those with prive contractors of due process rights. This is why the Paralyzed Veterans service-connected disabilities. As an attorney, I take that threat very of America wrote a letter to the Speak- CCD is the largest coalition of national or- seriously. er and minority leader asking that ganizations working together to advocate for Federal public policy that ensures the self- We should be in the business of sup- they oppose this resolution to ensure determination, independence, empowerment, porting policies to make it easier for fair and safe working conditions for integration and inclusion of children and these kinds of businesses to get new our veterans. PVA was also joined in a adults with disabilities in all aspects of soci- work, not harder. separate letter by Vietnam Veterans of ety.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.051 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H913 Disapproving this rule would weaken im- Distributors Association, National Associa- Not only will rescinding this rule portant nondiscrimination and affirmative tion of Manufacturers, National Defense In- hurt our constituents, but it would also hiring provisions intended for people with dustrial Association, Professional Services hurt law-abiding companies by forcing Council, Society for Human Resource Man- disabilities and veterans. For more than four them into unfair competition with decades, individuals with disabilities and agement, The Coalition for Government Pro- veterans have been protected by federal laws curement, U.S Chamber of Commerce, companies that cut corners and know- against discrimination in employment with WorldatWork. ingly violate the law. As we look to in- employers that do business with the federal Ms. FOXX. I reserve the balance of vest in our country’s infrastructure, I government. In addition, these landmark my time. cannot think of a more important time laws (Rehabilitation Act of 1973 and Vietnam Mr. SCOTT of Virginia. Mr. Speaker, to ensure that employees working for Era Veterans’ Readjustment Assistance Act I yield 3 minutes to the gentleman Federal contractors are treated fairly. of 1974) have required large federal contrac- from New York (Mr. ESPAILLAT), a This rule is an important safeguard tors to take affirmative action to recruit, that protects employees, and its roll- hire, promote, and retain these individuals, member of the Committee on Edu- who traditionally face higher unemployment cation and the Workforce. back will be a disgrace. rates than their peers. The Federal Acquisi- Mr. ESPAILLAT. Mr. Speaker, I Ms. FOXX. Mr. Speaker, I continue tion Regulation (81 Fed. Reg. 58562)—that is would like to thank my colleague and to reserve the balance of my time. being targeted by this CRA resolution of dis- ranking member of the Education and Mr. SCOTT of Virginia. Mr. Speaker, approval—simply ensures that companies the Workforce Committee, Mr. SCOTT, I yield 3 minutes to the gentleman that want to do business with the federal for yielding. from Georgia (Mr. JOHNSON), a member government disclose whether they have been I stand here in opposition to this res- of the Judiciary Committee. in violation of these longstanding require- olution, which looks to undo rules that Mr. JOHNSON of Georgia. Mr. Speak- ments. provide safety and fairness in the er, I thank the ranking member for Please help ensure individuals with disabil- workplace. ities and veterans have a fair shot at em- yielding. The Fair Pay and Safe Workplaces Mr. Speaker, I rise in opposition to ployment by voting against the CRA resolu- rule speaks for itself. It ensures that tion of disapproval of the Federal Acquisi- this resolution and the complete dis- tion Regulation published at 81 Fed. Reg. contractors entrusted with taxpayer mantlement of the Fair Pay and Safe 58562. dollars cannot exploit their workers Workplaces executive order. Thank you for your consideration. and that repeated lawbreakers do not Among other worker protection bene- Sincerely, get a competitive advantage. This fits, President Obama’s Fair Pay and American Association of People with Dis- standard does not impose extra regula- Safe Workplaces executive order pro- abilities, American Foundation for the tions on contractors. It simply requires hibits Federal contractors from using Blind, Association of University Centers on that they follow the law. forced arbitration clauses in employ- Disabilities (AUCD), Autistic Self Advocacy These laws make sure women are ment contracts involving civil, sexual Network, Bazelon Center for Mental Health paid the same wages for the same assault, and harassment disputes. It di- Law, Center for Public Representation, Dis- work. They make sure that employers ability Power & Pride, Easterseals, Goodwill rects companies with Federal contracts are paying a fair rate for overtime Industries International, Institute for Edu- of $1 million or more not to require work. They protect employees with dis- cational Leadership, National Association of their employees to enter into pre-dis- abilities. And they protect workers State Head Injury Administrators, The Na- pute arbitration proceedings for dis- who are victims of sexual assault or tional Council on Independent Living, Na- putes arising out of title VII of the tional Disability Rights Network, National sexual harassment by ensuring those Down Syndrome Congress, Special Needs Al- individuals have an opportunity to be Civil Rights Act or from sexual assault liance, Paralyzed Veterans of America, The heard. or harassment cases, except when valid Advocrat Group, The Arc of the United A 2013 Senate report found that gov- contracts already exist. States, United Cerebral Palsy, United Spinal ernment contractors are often among This existing order built upon exist- Association, Vietnam Veterans of America the worst violators of the workplace ing policy that was successfully imple- [VVA]. safety, wage, and hour laws. Nearly one mented at the Department of Defense, Mr. TAKANO. Mr. Speaker, the Fed- in three companies with the worst safe- the largest Federal contracting agency, eral Government, which spends billions ty and wage violations are Federal con- and it will help improve contractors’ of dollars contracting with private tractors. Americans working for Fed- compliance with labor laws. companies every year, has an obliga- eral contractors lose up to $2.5 billion Simply put, Mr. Speaker, the Fair tion to demonstrate and promote re- each year to violations of minimum Pay and Safe Workplaces executive sponsible behavior. We should not be in wage laws alone. This is unacceptable order required Federal contractors to the business of working with contrac- and exactly why this order was exe- give employees their day in court. By tors who repeatedly violate our Na- cuted—to protect workers. doing away with this order, the new ad- tion’s labor laws, particularly when We have a duty to our constituents, ministration is subjecting workers to they harm the veterans who have and this rule rightfully asks the Fed- forced arbitration, which is a private served our Nation so bravely. eral Government to take another look and fundamentally unfair process. Repealing this rule sends the wrong at contractors who have violated labor Unlike the court system, which was message to employers, the wrong mes- laws before awarding a contract. By developed through centuries of juris- sage to veterans, and the wrong mes- upholding this order, we can continue prudence, forced arbitration does not sage to hardworking Americans who to ensure that taxpayers get a fair deal provide important procedural guaran- deserve to be treated with respect in for their money, something my Repub- tees of fairness and due process that the workplace. lican colleagues certainly should be in are the hallmark of our courts. There Ms. FOXX. Mr. Speaker, I include in favor of. are no requirements that witnesses tes- the RECORD a list of organizations sup- Some Republicans will claim that tify under oath or affirmation, rules of porting this disapproval resolution. this order creates a so-called blacklist evidence and procedure are not relied LETTERS IN SUPPORT OF H.J. RES. 37 by preventing companies from receiv- upon, the caselaw that has been devel- Society for Human Resource Management ing Federal contracts. However, the op- oped over centuries is not used as (SHRM). posite is true. The order, in fact, pro- precedent, and arbitration proceedings Other Stakeholders (19 signatories): Aero- vides new tools for contractors to come are often secretive, sealed, and there is space Industries Association, American into compliance with the law. This no meaningful right to appeal. Council of Engineering Companies, American order is in the interest of the people Behind closed doors and shrouded in Foundry Society, American Hotel & Lodging and our constituents who we were sent secrecy, forced arbitration enables em- Association, American Trucking Associa- here to represent. Rolling back these ployers to conceal wrongdoing from the tion, Associated Builders and Contractors, protections would demonstrate that we public and to undermine employee Inc., Associated General Contractors, College and University Professional Association for would rather side with employers who rights. Human Resources (CUPA–HR), HR Policy cut legal corners by not paying a fair Since 2007, I have championed the Ar- Association, Independent Electrical Contrac- wage than with our constituents who bitration Fairness Act, which would tors, Information Technology Alliance for work day in and day out to provide for eliminate forced arbitration clauses in the Public Sector, International Foodservice their families. employment, consumer, and civil

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.030 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H914 CONGRESSIONAL RECORD — HOUSE February 2, 2017 rights cases. The executive order took in strong opposition to the use of the Con- Founded in 1939, AIHA is the premier asso- us one step closer. gressional Review Act (CRA) to repeal the ciation of occupational and environmental Americans deserve better than pri- regulations implementing the Fair Pay and health and safety professionals. AIHA’s 8,500 vate, unaccountable tribunals that ad- Safe Workplaces Executive Order. members play a crucial role on the front line The Fair Pay regulations represent a of worker health and safety every day. Our judicate disputes, mostly in favor of much-needed step forward in ensuring that members represent a cross-section of indus- the employer. Equal access to justice the federal contractor community is pro- try, private business, labor, government and for all should not be an aspiration but viding safe and fair workplaces for employ- academia. a guarantee for all Americans. ees by encouraging compliance with federal Thank you for your consideration of I ask my colleagues to oppose H.J. labor and civil rights laws, and prohibiting AIHA’s concerns and recommendations. Res. 37. the use of mandatory arbitration of certain AIHA looks forward to working with you to disputes. help protect worker health and safety. Ms. FOXX. Mr. Speaker, I continue Please feel free to contact Mark Ames, to reserve the balance of my time. Employers that have the privilege of doing business with the federal government also AIHA’s Director of Government Relations. Mr. SCOTT of Virginia. Mr. Speaker, have a responsibility to abide by the law. Respectfully, I yield myself the balance of the time. The Fair Pay regulations are crucial because LAWRENCE SLOAN, CAE, Mr. Speaker, I just want to restate a they help ensure that federal contractors be- Chief Executive Officer, AIHA. couple of provisions. have responsibly and ethically with respect One is this underlying regulation to labor standards and civil rights laws. JANUARY 31, 2017. only applies to contracts in excess of They also encourage companies applying for Hon. PAUL RYAN, Speaker of the House, $500,000. As previously stated, this in- federal contracts to comply with federal civil rights laws such as the Fair Labor Washington, DC. formation that is to be disclosed can Hon. NANCY PELOSI, already be considered in contracting. Standards Act (which includes the Equal Pay Act), Title VII of the Civil Rights Act, the Minority Leader, This regulation makes it available so it Americans with Disabilities Act of 1990 and Washington, DC. DEAR SPEAKER RYAN AND MINORITY LEADER can be considered. the Occupational Safety and Health Act, and PELOSI: On behalf of the undersigned organi- It is not just allegations. We are their state law equivalents. The Executive zations, we write in strong opposition to the talking about agency determinations Order also bans contractors from forcing em- use of the Congressional Review Act (CRA) ployees to arbitrate claims under Title VII of after an investigation. to repeal the regulations implementing the Now, the regulation requires consid- the Civil Rights Act as well as claims of sex- Fair Pay and Safe Workplaces Executive eration of the fact of whether or not a ual harassment and sexual assault. Order. We are organizations dedicated to pro- determination is final or whether it is We urge you to oppose any attempts to roll tecting workers, eliminating workplace dis- back the protections that stem from the Ex- on appeal. That is to be considered. But crimination and protecting access to justice. ecutive Order on Fair Pay and Safe Work- The Fair Pay regulations represent a much- not all violations in the fullest of time places. The Order and implementing regula- are to be considered at all. Only those needed step forward in ensuring that the fed- tions provide strong protections against the eral contractor community is providing safe that are serious, repeated, willful, or federal government contracting with em- and fair workplaces for employees by encour- pervasive violations of fair pay and ployers that routinely engage in discrimina- aging compliance with federal labor and civil safe workplace violations are to be tion based on race, sex, age, or disability, rights laws, and prohibiting the use of man- considered. violate workplace health and safety protec- datory arbitration of certain disputes. And so for the people who are not tions, withhold wages, or commit other labor Employers that have the privilege of doing violations. If you have any questions, please blacklisted, the guilty are encouraged business with the federal government also feel free to contact June Zeitlin, Director of have a responsibility to abide by the law. to participate in labor compliance Human Rights Policy. The Fair Pay regulations are crucial because agreements so they can continue to re- Sincerely, they help ensure that federal contractors be- ceive contracts while they improve WADE HENDERSON, have responsibly and ethically with respect their records. President & CEO. to labor standards and civil rights laws. NANCY ZIRKIN, They also encourage companies applying for b 1530 Executive Vice Presi- federal contracts to comply with federal In closing, Mr. Speaker, let us recall dent. labor and employment laws such as the Fair who the winners and losers are if this Labor Standards Act (which includes the resolution of disapproval passes. The AIHA PROTECTING WORKER HEALTH Equal Pay Act), Title VII of the Civil Rights winners will be the unscrupulous con- January 31, 2017. Act, the Americans with Disabilities Act of EXPRESSING CONCERN FOR WORKER HEALTH & 1990 and the Occupational Safety and Health tractors who cut corners and com- Act, and their state law equivalents. The Ex- promise the safety of their workers. SAFETY RELATED TO H.J.RES. 37 ‘‘DIS- APPROVING THE FINAL RULE SUBMITTED BY ecutive Order also bans contractors from The losers will be the workers, who are THE DEPARTMENT OF DEFENSE, THE GEN- forcing employees to arbitrate claims under the most susceptible to wage theft and ERAL SERVICES ADMINISTRATION, AND THE Title VII of the Civil Rights Act as well as unfair working conditions, and the law- NATIONAL AERONAUTICS AND SPACE ADMIN- claims of sexual harassment and sexual as- abiding contractors who face unfair ISTRATION RELATING TO THE FEDERAL AC- sault. We ask you to stand with American work- competition. QUISITION REGULATION’’ ers and oppose any attempts to roll back the Mr. Speaker, I include in the RECORD DEAR US REPRESENTATIVES: On behalf of protections that stem from the Executive three letters: one from The Leadership the American Industrial Hygiene Association Order on Fair Pay and Safe Workplaces. Conference on Civil and Human Rights, (AIHA), I am writing to express our concern They provide strong protections against the another from the American Industrial with H.J.Res. 37, which would overturn a federal government contracting with em- Hygiene Association, and, finally, one final rule that amended the Federal Acquisi- ployers that routinely violate workplace tion Regulation to implement Executive health and safety protections, engage in age, from a coalition of 134 business, labor, Order 13673 ‘‘Fair Pay and Safe Workplaces’’, and civil society groups which stand in disability, race, and sex discrimination, and is currently scheduled for consideration withhold wages, or commit other labor viola- opposition to this resolution of dis- this week on the House floor under Suspen- tions. These protections should not be re- approval. sion of the Rules. While the final rule and pealed. THE LEADERSHIP CONFERENCE ON Executive Order address many topics, our Sincerely, CIVIL AND HUMAN RIGHTS, concerns are limited to those areas dealing 9to5 California, 9to5 Colorado, 9to5 Geor- Washington, DC, January 31, 2017. with worker health and safety, as these are gia, 9to5 Wisconsin, 9to5, National Associa- Hon. PAUL RYAN, the subjects in which AIHA and its members tion of Working Women, A Better Balance, Speaker of the House, possess unique expertise and knowledge. A. Phillip Randolph Institute, AFL-CIO, Af- Washington, DC. Instead of a blanket repeal of this rule, rican American Ministers In Action, AJ Hon. NANCY PELOSI, AIHA encourages you to engage with occupa- Rosen & Associates LLC, Alaska Wilderness Minority Leader, tional and environmental health and safety League, Alliance to End Slavery & Traf- Washington, DC. professionals, and others in a constructive ficking, Amalgamated Transit Union, Amer- DEAR SPEAKER RYAN AND MINORITY LEADER dialogue that examines how best to improve ican Association for Access, Equity and Di- PELOSI: On behalf of The Leadership Con- worker health, safety, and socioeconomic versity, American Association of People with ference on Civil and Human Rights, a coali- prosperity—all of which are closely linked. Disabilities, American Association of Uni- tion charged by its diverse membership of As currently drafted, H.J.Res. 37 threatens versity Women (AAUW), American Civil Lib- more than 200 national organizations to pro- to slow progress towards healthier and safer erties Union, American Federation of State, mote and protect the civil and human rights workplaces; as such, we encourage you to op- County and Municipal Employees, American of all persons in the United States, we write pose its passage. Federation of Teachers.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.056 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H915 Americans for Democratic Action, Arkan- Consumer Voice, The Maryland Consumer NASA should not be hampered by such un- sans Against Abusive Payday Lending, Rights Coalition, UltraViolet, Union of Con- necessary regulations and needs to focus its Bazelon Center for Mental Health Law, Bend cerned Scientists, Unite Here, United Steel- resources on the challenges of outer space the Arc Jewish Action, BlueGreen Alliance, workers, UWUA—Utility Workers Union of Brazilian Worker Center, Brotherhood of Lo- America, The Voter Participation Center, exploration. comotive Engineers and Trainmen—Wyo- Washington State Labor Council, AFL-CIO, The Federal procurement process cannot ming State Legislative Board, Business and WisCOSH, Inc., Women Employed, Women’s afford to be bogged down with defective regu- Professional Women/Florida (BPW/FL), Busi- Voices for the Earth, Workplace Fairness, lations. Congress must clean up how our gov- ness and Professional Women/St. Petersburg- Women’s Voices Women Vote Action Fund. ernment does business to ensure that it is just Pinellas (BPW/SPP), California Employment Mr. SCOTT of Virginia. Mr. Speaker, and efficient. Lawyers Association, Catalyst, Center for I urge my colleagues to vote ‘‘no’’ on I encourage my colleagues to support this Justice & Democracy, Center for Law and important legislation. Social Policy, Coalition of Labor Union this resolution of disapproval. Women, Coalition on Human Needs, Coali- I yield back the balance of my time. Mrs. CAROLYN B. MALONEY of New York. tion to Abolish Slavery & Trafficking, Com- Ms. FOXX. Mr. Speaker, I yield my- Mr. Speaker, we often tell young people that munications Workers of America, Demand self the balance of my time. if they work hard and play by the rules, their Progress, Demos, Economic Policy Institute In closing, I thank my colleagues— efforts will be rewarded. Policy Center. Chairman CHAFFETZ, Chairman Yet this unjust resolution fails to put our fed- Equal Pay Today, Equal Rights Advocates, CHABOT, and Representative MITCH- eral government’s money where its mouth is. Family Equality Council, Family Values @ It will ensure that our tax dollars continue to Work, Farmworker Association of Florida, ELL—for joining us in this important Feminist Majority, Fight for $15, Food & effort as well as to thank my col- go to companies that fail to live up to their end Water Watch, Friends of the Earth, Futures leagues who came and spoke on this of this bargain. Without Violence, Gender Justice, Good Jobs resolution. Time and again, reports have cited the glar- Nation, Health Justice Project, Hindu Amer- Workers deserve strong protections. ing frequency with which serial labor law viola- ican Foundation, Human Rights Campaign, The best way to ensure fair pay and tors receive federal contracts. Institute for Science and Human Values, safe workplaces is to enforce the exist- In the mid-1990s, GAO identified dozens of Inc., Interfaith Worker Justice, Inter- ing suspension and debarment system. companies of violating core workplace protec- national Association of Machinists and Aero- It is also important to remind my col- tions, like the National Labor Relations Act space Workers, International Brotherhood of and the Occupational Safety and Health Act. Teamsters. leagues of what the Congressional Pro- International Federation of Professional gressive Caucus said: And these abuses have continued. Reports and Technical Engineers, IFPTE, Inter- The Department of Labor has full author- in 2010 and 2013 again found that companies national Union of Bricklayers and Allied ity under current law to hold Federal con- with significant labor citations continued to re- Craftworkers, International Union, United tractors accountable. ceive federal contracts. Automobile, Aerospace & Agricultural Im- It is clear we don’t need more layers The Fair Pay and Safe Workplaces rule plement Workers of America (UAW), Jobs of red tape to prevent bad actors from makes certain that our agencies have the in- With Justice, Jobs with Justice of East Ten- receiving taxpayer-funded contracts. formation about these violations they need to nessee, Knox Area Workers’ Memorial Day protect American workers and safeguard our Committee, Labor Council for Latin Amer- Creating a bureaucratic maze would ican Advancement, Labor Project for Work- only make a system less efficient that tax dollars. ing Families in Partnership with Family is designed to protect workers. Fur- It makes clear that companies who violate Values @ Work, Lambda Legal, Lawyers thermore, the blacklisting rule would our landmark labor protections, who deny Committee for Civil Rights Under Law, The undermine the ability of small busi- overtime pay or family leave, and who deny Leadership Conference on Civil and Human nesses to compete for Federal con- workers’ rights to organize are not rewarded Rights, Main Street Alliance, Make the Road tracts, would increase costs for tax- for repeatedly flouting the law. New York, MassCOSH—Massachusetts Coali- payers, and would jeopardize the re- It also ensures that workers who have been tion for Occupational Safety & Health, discriminated against or sexually harassed can MomsRising.org, NAACP, National Alliance sources of our Armed Forces—the ones for Fair Contracting, National Asian Pacific they need to keep this country safe. have their day in court. They cannot be forced American Women’s Forum, National Asso- I urge my colleagues to block this into arbitration. ciation of Consumer Advocates. harmful rule and vote ‘‘yes’’ on H.J. Our procurement laws already ask that tax National Association of Human Rights Res. 37. dollars only go to responsible contractors, with Workers, National Association of Social Mr. Speaker, I yield back the balance ‘‘a satisfactory record of integrity’’. Workers, National Bar Association, National of my time. Serial labor law violators do not meet this Black Justice Coalition, National Center for Mr. SMITH of Texas. Mr. Speaker, I rise test. Law and Economic Justice, National Center What’s more, numerous studies have found for Lesbian Rights, National Center for today in support of House Joint Resolution 37, Transgender Equality, National Consumer which annuls a poorly-written regulation put in that contractors with better compliance records Law Center (on behalf of its low income cli- place by the Obama administration. also perform better. ents), National Council of Jewish Women, We need to clean up the regulations that So let’s not brush around the edges; this is National Council of La Raza, National Dis- the previous administration imposed upon not about safeguarding tax dollars. ability Rights Network, National Education American business. We need to reform them, This vote is about allowing labor abuses to Association, National Employment Law and ensure that they serve a useful purpose. go rewarded. Project, National Employment Lawyers As- I cannot stand for that. I urge my colleagues sociation, National Fair Housing Alliance, This is especially important for the Department of Defense and NASA. to vote no. National Guestworker Alliance, National The SPEAKER pro tempore. All time Health Law Program, National Immigration The regulation in question does not allow Law Center, National Organization for contractors to exercise their right of due proc- for debate has expired. Women, National Urban League. ess. Rather than letting our legal system pro- Pursuant to House Resolution 74, the National Women’s Law Center, National vide justice, American companies could be previous question is ordered. Youth Employment Coalition, Oxfam Amer- blacklisted by contracting agencies if ‘‘prelimi- The question is on the engrossment ica, Paralyzed Veterans of America, The Na- nary determinations’’ had been made against and third reading of the joint resolu- tional Partnership for Women & Families, tion. People’s Action, Policy Matters Ohio, them. This is not how our justice system works. The joint resolution was ordered to PowHer New York, Pride at Work, Progres- be engrossed and read a third time, and sive Congress Action Fund, Public Citizen, Perhaps that is why this regulation was halted Public Justice, Public Justice Center, Res- by a nationwide injunction. was read the third time. taurant Opportunities Centers United, Re- We should protect American workers. The The SPEAKER pro tempore. The tail, Wholesale & Department Store Union, regulation we strike today was poorly crafted, question is on the passage of the joint Santa Clara County Wage Theft Coalition, and it would ultimately do America’s workforce resolution. Sargent Shriver National Center on Poverty more harm than good. The question was taken; and the Law, Service Employees International Union As Chairman of the Science Committee, I Speaker pro tempore announced that (SEIU), Sierra Club, South Florida Interfaith the ayes appeared to have it. Worker Justice. know that such a regulation would impede Southwest Women’s Law Center, Sugar NASA from carrying out its mission of explo- RECORDED VOTE Law Center for Economic & Social Justice, ration and place an unnecessary cost on tax- Mr. SCOTT of Virginia. Mr. Speaker, The American Association for Justice, The payers by diminishing competition. I demand a recorded vote.

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.039 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H916 CONGRESSIONAL RECORD — HOUSE February 2, 2017 A recorded vote was ordered. Beyer Green, Gene O’Rourke bill as introduced and which can be Bishop (GA) Grijalva Pallone The SPEAKER pro tempore. Pursu- Blumenauer Gutie´rrez Panetta found on the Rules Committee website. ant to clause 8 of rule XX, this 15- Blunt Rochester Hanabusa Pascrell Mr. Speaker, please be advised, if minute vote on passage will be fol- Bonamici Heck Payne there are any questions, Members may Boyle, Brendan Higgins (NY) Pelosi contact me or any member of the Rules lowed by a 5-minute vote on passage of F. Himes Perlmutter H.J. Res. 40. Brady (PA) Hoyer Peters Committee staff. The vote was taken by electronic de- Brown (MD) Huffman Pingree f Brownley (CA) Jackson Lee Pocan vice, and there were—ayes 236, noes 187, Bustos Jayapal Polis not voting 9, as follows: Butterfield Jeffries Price (NC) PROVIDING FOR CONGRESSIONAL DISAPPROVAL OF A RULE SUB- [Roll No. 76] Capuano Johnson (GA) Quigley Carbajal Johnson, E. B. Raskin MITTED BY THE SOCIAL SECU- AYES—236 Ca´ rdenas Kaptur Rice (NY) RITY ADMINISTRATION Carson (IN) Keating Richmond Abraham Gibbs Nunes Cartwright Kelly (IL) Ros-Lehtinen Aderholt Gohmert Olson The SPEAKER pro tempore. Without Castor (FL) Kennedy Rosen Allen Goodlatte Palazzo objection, 5-minute voting will con- Castro (TX) Khanna Roybal-Allard Amash Gosar Palmer Chu, Judy Kihuen Ruiz tinue. Amodei Gowdy Paulsen Cicilline Arrington Granger Kildee Ruppersberger There was no objection. Pearce Clarke (NY) Babin Graves (GA) Kilmer Ryan (OH) The SPEAKER pro tempore. The un- Perry Clay ´ Bacon Graves (LA) Kind Sanchez Pittenger Cleaver finished business is the vote on passage Banks (IN) Graves (MO) Krishnamoorthi Sarbanes Poe (TX) Clyburn of the joint resolution (H.J. Res. 40) Barletta Griffith Kuster (NH) Schakowsky Poliquin Cohen Barr Grothman Langevin Schiff providing for congressional disapproval Posey Connolly Barton Guthrie Larsen (WA) Schneider under chapter 8 of title 5, United Ratcliffe Conyers Bergman Harper Larson (CT) Schrader Reed Cooper States Code, of the rule submitted by Biggs Harris Lawrence Scott (VA) Reichert Courtney Bilirakis Hartzler Lawson (FL) Scott, David the Social Security Administration re- Renacci Crist Bishop (MI) Hensarling Lee Serrano lating to Implementation of the NICS Rice (SC) Crowley Bishop (UT) Herrera Beutler Levin Sewell (AL) Roby Cummings Improvement Amendments Act of 2007, Black Hice, Jody B. Lewis (GA) Shea-Porter Roe (TN) Davis (CA) on which a recorded vote was ordered. Blackburn Higgins (LA) Lieu, Ted Sherman Rogers (AL) Davis, Danny Blum Hill Lipinski Sinema The Clerk read the title of the joint Rogers (KY) DeFazio Bost Holding Loebsack Sires resolution. DeGette Brady (TX) Hollingsworth Rohrabacher Lofgren Slaughter Delaney The SPEAKER pro tempore. The Brat Hudson Rokita Lowenthal Smith (WA) DeLauro Bridenstine Huizenga Rooney, Francis Lowey Soto question is on the passage of the joint DelBene Brooks (AL) Hultgren Rooney, Thomas Lujan Grisham, Speier resolution. Demings Brooks (IN) Hunter J. M. Suozzi DeSaulnier ´ This will be a 5-minute vote. Buchanan Hurd Roskam Lujan, Ben Ray Swalwell (CA) Deutch The vote was taken by electronic de- Buck Issa Ross Lynch Takano Dingell Bucshon Jenkins (KS) Rothfus Maloney, Thompson (CA) vice, and there were—ayes 235, noes 180, Doggett Budd Jenkins (WV) Rouzer Carolyn B. Thompson (MS) not voting 17, as follows: Doyle, Michael Burgess Johnson (LA) Royce (CA) Maloney, Sean Titus F. [Roll No. 77] Byrne Johnson (OH) Russell Matsui Tonko Ellison Calvert Johnson, Sam Rutherford McCollum Torres AYES—235 Engel Carter (GA) Jordan Sanford McEachin Tsongas Eshoo Abraham Curbelo (FL) Hurd Carter (TX) Joyce (OH) Scalise McGovern Vargas Espaillat Aderholt Davis, Rodney Issa Chabot Katko Schweikert McNerney Veasey Esty Allen Denham Jenkins (KS) Chaffetz Kelly (MS) Scott, Austin Meeks Vela Evans Meng ´ Amash Dent Jenkins (WV) Cheney Kelly (PA) Sensenbrenner Velazquez Foster Moore Visclosky Amodei DeSantis Johnson (LA) Coffman King (IA) Sessions Frankel (FL) Moulton Walz Arrington DesJarlais Johnson (OH) Cole King (NY) Shimkus Fudge Murphy (FL) Wasserman Babin Diaz-Balart Johnson, Sam Collins (GA) Kinzinger Shuster Gabbard Nadler Schultz Bacon Duffy Jordan Collins (NY) Knight Simpson Gallego Banks (IN) Duncan (SC) Joyce (OH) Comer Kustoff (TN) Napolitano Waters, Maxine Smith (MO) Garamendi Barletta Duncan (TN) Katko Comstock Labrador Neal Watson Coleman Smith (NE) Gonzalez (TX) Barr Dunn Kelly (MS) Conaway LaHood Nolan Welch Smith (NJ) Gottheimer Barton Emmer Kelly (PA) Cook LaMalfa Norcross Wilson (FL) Smith (TX) Green, Al O’Halleran Yarmuth Bergman Farenthold Kind Correa Lamborn Smucker Biggs Faso King (IA) Costa Lance Stefanik NOT VOTING—9 Bilirakis Ferguson Kinzinger Costello (PA) Latta Stewart Clark (MA) Mulvaney Rush Bishop (GA) Fitzpatrick Knight Cramer Lewis (MN) Stivers Bishop (MI) Fleischmann Kustoff (TN) Crawford LoBiondo Hastings Peterson Walker Taylor Jones Price, Tom (GA) Zinke Bishop (UT) Flores Labrador Cuellar Long Tenney Black Fortenberry LaHood Culberson Loudermilk Thompson (PA) b 1556 Blackburn Foxx Lamborn Curbelo (FL) Love Thornberry Blum Franks (AZ) Lance Davidson Lucas Tiberi Mr. DEFAZIO changed his vote from Bost Frelinghuysen Latta Davis, Rodney Luetkemeyer Tipton ‘‘aye’’ to ‘‘no.’’ Brady (TX) Gaetz Lewis (MN) Denham MacArthur Trott Brat Gallagher LoBiondo Dent Marchant Mr. CORREA changed his vote from Turner Bridenstine Garrett Long DeSantis Marino ‘‘no’’ to ‘‘aye.’’ Brooks (IN) Gibbs Loudermilk DesJarlais Marshall Upton Valadao So the joint resolution was passed. Buchanan Gohmert Love Diaz-Balart Massie The result of the vote was announced Buck Goodlatte Lucas Donovan Mast Wagner Walberg as above recorded. Bucshon Gosar Luetkemeyer Duffy McCarthy Budd Gowdy MacArthur Walden Duncan (SC) McCaul A motion to reconsider was laid on Burgess Granger Marchant Walorski Duncan (TN) McClintock the table. Byrne Graves (GA) Marino Walters, Mimi Dunn McHenry Calvert Graves (LA) Marshall Weber (TX) f Emmer McKinley Carter (GA) Graves (MO) Massie Webster (FL) Farenthold McMorris ANNOUNCEMENT BY COMMITTEE Carter (TX) Griffith Mast Faso Rodgers Wenstrup ON RULES REGARDING AMEND- Chabot Grothman McCarthy Ferguson McSally Westerman Chaffetz Guthrie McCaul Fitzpatrick Meadows Williams MENT PROCESS FOR H.R. 428, Cheney Harper McClintock Fleischmann Meehan Wilson (SC) RED RIVER GRADIENT BOUND- Coffman Harris McHenry Wittman Flores Messer ARY SURVEY ACT Cole Hartzler McKinley Fortenberry Mitchell Womack Collins (GA) Hensarling McMorris Foxx Moolenaar Woodall Mr. SESSIONS. Mr. Speaker, this Collins (NY) Herrera Beutler Rodgers Franks (AZ) Mooney (WV) Yoder afternoon, the Rules Committee issued Comer Hice, Jody B. McSally Frelinghuysen Mullin Yoho Comstock Higgins (LA) Meadows Gaetz Murphy (PA) Young (AK) an announcement outlining the amend- Conaway Hill Meehan Gallagher Newhouse Young (IA) ment process for H.R. 428, the Red Cook Holding Messer Garrett Noem Zeldin River Gradient Boundary Survey Act. Costello (PA) Hollingsworth Mitchell The amendment deadline has been Cramer Hudson Moolenaar NOES—187 Crawford Huizenga Mooney (WV) Adams Barraga´ n Beatty set for Monday, February 6, at 3 p.m. Cuellar Hultgren Mullin Aguilar Bass Bera Amendments should be drafted to the Culberson Hunter Murphy (PA)

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.059 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H917 Newhouse Ros-Lehtinen Thompson (PA) Price, Tom (GA) Torres Walker magical punch annually on February 2, ´ Noem Roskam Thornberry Rush Velazquez Zinke which is an elixir of life that extends Nunes Ross Tiberi O’Halleran Rothfus Tipton b 1607 his life by 7 years. Olson Rouzer Trott So the joint resolution was passed. Crowds gathered on Gobbler’s Knob Palazzo Royce (CA) Turner before sunrise today for the 131st cele- Palmer Russell Upton The result of the vote was announced Paulsen Rutherford Valadao as above recorded. bration. While there are many Pearce Sanford Wagner A motion to reconsider was laid on wannabes, accept no substitution for Perry Scalise Walberg the table. the original prognosticator. Pittenger Schweikert Walden The crowd chanted Phil’s name re- Poe (TX) Scott, Austin Walorski f Poliquin Sensenbrenner Walters, Mimi peatedly to awaken him, and then Phil, Posey Sessions Walz ELECTING MEMBERS TO THE known in his hometown as the Seer of Ratcliffe Shimkus Weber (TX) JOINT COMMITTEE OF CONGRESS Seers, came to deliver the news. Reed Shuster Webster (FL) ON THE LIBRARY AND THE Records going back to 1887 show that Reichert Simpson Wenstrup JOINT COMMITTEE ON PRINTING Renacci Sinema Westerman Phil has forecasted a longer winter 103 Rice (SC) Smith (MO) Williams Mr. HARPER. Mr. Speaker, I ask times and an early spring just 18 times. Roby Smith (NE) Wilson (SC) unanimous consent that the Com- Today in Punxsutawney it was a Roe (TN) Smith (NJ) Wittman balmy 30 degrees, so don’t pack up your Rogers (AL) Smith (TX) Womack mittee on House Administration be dis- Rogers (KY) Smucker Woodall charged from further consideration of winter gear just yet. Phil says we have Rohrabacher Stefanik Yoder House Resolution 82, and ask for its six more weeks. Rokita Stewart Yoho immediate consideration in the House. Happy Groundhog Day. Rooney, Francis Stivers Young (AK) Rooney, Thomas Taylor Young (IA) The Clerk read the title of the resolu- f J. Tenney Zeldin tion. IMPACTS OF THE IMMIGRANT BAN The SPEAKER pro tempore (Mr. NOES—180 BACON). Is there objection to the re- (Mr. CARBAJAL asked and was given Adams Fudge Nadler quest of the gentleman from Mis- permission to address the House for 1 Aguilar Gabbard Napolitano sissippi? minute.) Barraga´ n Gallego Neal There was no objection. Mr. CARBAJAL. Mr. Speaker, today Bass Garamendi Nolan I rise to tell the story of how last Beatty Gonzalez (TX) Norcross The text of the resolution is as fol- Bera Gottheimer O’Rourke lows: week’s reckless and poorly imple- Beyer Green, Al Pallone mented executive order indiscrimi- H. RES. 82 Blumenauer Green, Gene Panetta nately banning immigrants from seven Blunt Rochester Grijalva Pascrell Resolved, Bonamici Gutie´rrez countries directly impacted two Uni- Payne SECTION 1. ELECTION OF MEMBERS TO JOINT Boyle, Brendan Hanabusa Pelosi COMMITTEE OF CONGRESS ON THE versity of California, Santa Barbara F. Heck Perlmutter LIBRARY AND JOINT COMMITTEE ON graduate students in my district. Brady (PA) Higgins (NY) Peters PRINTING. Brown (MD) Himes My office was contacted by Hassan Pocan (a) JOINT COMMITTEE OF CONGRESS ON THE Brownley (CA) Hoyer Polis Arbabi, a Ph.D. student in mechanical LIBRARY.—The following Members are here- Bustos Huffman Price (NC) engineering at UCSB. Hassan reached by elected to the Joint Committee of Con- Butterfield Jackson Lee Quigley out to me on behalf of his girlfriend, Capuano Jayapal gress on the Library, to serve with the chair Raskin Maryam Rasekh, who has also been ac- Carbajal Jeffries Rice (NY) of the Committee on House Administration Ca´ rdenas Johnson (GA) Richmond and the chair of the Subcommittee on the cepted into UCSB’s Ph.D. program for Carson (IN) Johnson, E. B. Rosen Legislative Branch of the Committee on Ap- electrical engineering. Cartwright Kaptur Roybal-Allard Castor (FL) Keating propriations: Maryam, an Iranian citizen, left the Ruiz Castro (TX) Kelly (IL) (1) Mr. Loudermilk. United States to undergo the vetting Ruppersberger Chu, Judy Kennedy (2) Mr. Brady of Pennsylvania. Ryan (OH) process for her F–1 student visa in Cicilline Khanna Sa´ nchez (3) Ms. Zoe Lofgren of California. order to attend graduate school in Clarke (NY) Kihuen Sarbanes (b) JOINT COMMITTEE ON PRINTING.—The Clay Kildee Santa Barbara. For months, Maryam Schakowsky following Members are hereby elected to the Cleaver Kilmer interviewed and underwent an exhaus- Schiff Joint Committee on Printing, to serve with Clyburn King (NY) tive administrative immigration proc- Cohen Krishnamoorthi Schneider the chair of the Committee on House Admin- Connolly Kuster (NH) Schrader istration: ess. Conyers Langevin Scott (VA) (1) Mr. Rodney Davis of Illinois. Maryam’s F–1 student visa was ap- Cooper Larsen (WA) Scott, David (2) Mr. Walker. proved on Friday, January 26, the same Correa Larson (CT) Serrano Sewell (AL) (3) Mr. Brady of Pennsylvania. day the President signed his executive Costa Lawrence (4) Mr. Raskin. Courtney Lawson (FL) Shea-Porter order banning all immigrants from Crist Lee Sherman The resolution was agreed to. Iran. The order prevented Maryam Crowley Levin Sires A motion to reconsider was laid on from returning to the United States to Cummings Lewis (GA) Slaughter Davis (CA) Lieu, Ted Smith (WA) the table. begin her studies. Davis, Danny Lipinski Soto f We have in place the strictest vetting DeFazio Loebsack Speier process in the world. Banning immi- DeGette Lofgren Suozzi GROUNDHOG DAY Swalwell (CA) grants like Maryam from pursuing Delaney Lowenthal (Mr. THOMPSON of Pennsylvania DeLauro Lowey Takano higher education degrees does not DelBene Lujan Grisham, Thompson (CA) asked and was given permission to ad- make us safer. It prevents people like Demings M. Thompson (MS) dress the House for 1 minute and to re- Maryam from making important sci- DeSaulnier Luja´ n, Ben Ray Titus vise and extend his remarks.) Deutch Maloney, Tonko entific advances and contributing to Dingell Carolyn B. Tsongas Mr. THOMPSON of Pennsylvania. our Nation. Doggett Maloney, Sean Vargas Mr. Speaker, today is a big day in the f Donovan Matsui Veasey Fifth Congressional District of Penn- Doyle, Michael McCollum Vela sylvania, specifically, in Punx- REMEMBERING THOMAS J. F. McEachin Visclosky MAHONEY, JR. Ellison McGovern Wasserman sutawney, Pennsylvania, as our most Engel McNerney Schultz famous resident had his day in the sun, (Mr. CARTER of Georgia asked and Eshoo Meeks Waters, Maxine literally. was given permission to address the Espaillat Meng Watson Coleman Esty Moore Welch Early this morning, Punxsutawney House for 1 minute and to revise and Evans Moulton Wilson (FL) Phil, our weather-expert groundhog extend his remarks.) Foster Murphy (FL) Yarmuth saw his shadow. For those of you who Mr. CARTER of Georgia. Mr. Speak- know the old German legend, this er, I rise today to remember Mr. Thom- NOT VOTING—17 means that we are in for six more as J. Mahoney, Jr. of Savannah, Geor- Brooks (AL) Hastings Mulvaney weeks of winter. gia, a highly-respected local attorney Clark (MA) Jones Peterson Davidson LaMalfa Pingree Punxsy Phil has been forecasting the and community leader. He passed away Frankel (FL) Lynch weather since the 1800s. He drinks a on January 20 at 80 years of age.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.027 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H918 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Mr. Mahoney graduated from Savan- for 1 minute and to revise and extend President’s selection of Neil Gorsuch as nah’s Benedictine Military School in his remarks.) nominee to the United States Supreme 1954 and earned his law degree from the Mr. POE of Texas. Mr. Speaker, Court. Mr. Speaker, it is my sincerest University of South Carolina. Thidwick Books is a small, 865-square- hope that the Members of this body In his first career after college, he foot bookshop that has been in the and our body down at the other end of worked as an FBI Special Agent in Chi- same building since 1999, but now it is the building will recognize just what a cago, Baltimore, and Washington. Dur- being forced to either close its doors wonderful selection Mr. Trump has ing this time, Mr. Mahoney met the forever or move away. made. love of his life, Judy, with whom he Serial plaintiff Craig Yates has sued In fact, candidly, Mr. Speaker, were had four children. multiple other merchants, including it my selection, I probably would not After 2 years in the FBI, Mr. Thidwick Books. He generally makes pick someone who had clerked for lib- Mahoney returned to Savannah and vague claims about the designs of re- eral jurist Byron ‘‘Whizzer’’ White or joined the law firm Mahoney & Cole, tail stores and claims that they violate the split vote on the Court, Anthony P.C. Through his hard work and deter- the Americans with Disabilities Act. Kennedy. In fact, I wonder if the habits mination, he worked up the ranks to These small businesses do not have of the individuals in the Senate—who become its president and CEO. the resources to contest unfounded might have the opportunity to con- He used his legal knowledge to make lawsuits or, in many cases, even know firm—to resist every single thing that coastal Georgia a better place to live, what the alleged violations are. The comes across their desks these days serving as the Chatham County attor- businesses are told to either pay a set- might not, in fact, lead to a more con- ney, city attorney for Tybee Island, tlement or get sued with further litiga- servative nominee should Judge judge for Tybee Island, and assistant tion. Oftentimes, small businesses Gorsuch not be nominated. city attorney for Savannah. He also choose to pay the extortion rather I would again commend Mr. Trump served as the special assistant attorney than to defend the expensive, un- for this middle-of-the-road selection. I general for the Georgia Ports Author- founded drive-by lawsuit. think he will maintain the balance on ity since 1987, helping it to grow to its The bipartisan bill, the ADA Edu- the Court that Mr. Kennedy has here current, impressive size. cation and Reform Act of 2017, im- today. Thank you, Mr. Mahoney, for every- proves access to public accommoda- I hope my colleagues on the other thing you have done for the Savannah tions for the disability community side of the aisle are wise enough to un- community. You will be missed. while preventing well-meaning derstand just what a benevolent and f businessowners from falling victim to middle-of-the-road selection Mr. drive-by lawsuits. b 1615 Gorsuch is. Mr. Speaker, the ADA was designed f VICTIMS OF SEX TRAFFICKING to improve access for the disabled, not LET US SHOW MERCY (Mr. PAULSEN asked and was given to enrich unscrupulous lawyers and the permission to address the House for 1 plaintiffs. (Ms. JACKSON LEE asked and was minute and to revise and extend his re- And that is just the way it is. given permission to address the House marks.) f for 1 minute and to revise and extend her remarks.) Mr. PAULSEN. Mr. Speaker, we all HOUSE OF REPRESENTATIVES know that human trafficking is a Ms. JACKSON LEE. Mr. Speaker, to- PROTECTS SENIORS’ SECOND morrow is going to be a devastating major problem right here in the United AMENDMENT RIGHTS States. It is happening in every one of day for so many. For decades, America our communities. (Mr. LAMALFA asked and was given has been engaged in resettling refu- This week, as millions of Americans permission to address the House for 1 gees. I remember the Vietnamese, the gather to watch the Super Bowl, I minute and to revise and extend his re- Iraqis, and the people from Afghani- would like to shine a light on another marks.) stan. More importantly, I remember troubling fact, and that is that there is Mr. LAMALFA. Mr. Speaker, I am the excitement I had in visiting the an increase in the human trafficking thankful we have in the process here as Statue of Liberty and being reminded and sex trafficking in the days sur- elected officials the ability to hold ac- of what a great country this is. rounding the Super Bowl. countable Federal agencies and new Tomorrow, with the 120-day suspen- Last year, in a few weeks leading up rules that will be made at midnight. I sion, we will literally devastate refugee to the Super Bowl event, the Santa am speaking of legislation passed families, some of whom waited 10, 12, 15 Clara Sheriff’s Office identified 42 po- today to allow, in many cases, seniors years, who have sold all their goods tential victims of sex trafficking dur- who might see their Second Amend- and who are good people who want to ing a series of stings and cited 30 addi- ment rights limited or taken away by a come to this country, and, as well, tional men for soliciting prostitution. last-minute rule that would require their documents will expire. The good news is, Mr. Speaker, we them to be turned in to the national I am asking the administration to are drawing attention to this fact and background check system in this coun- have mercy and to be as the Chaplain working hard to end this heinous prac- try, thereby, because they might be on ordered us to do: to find our grounding tice. Next year, my home State of Min- SSI or disability, losing their ability in being able to be servants. nesota will be hosting the Super Bowl, perhaps to own a firearm under their I would ask that we not devastate and our host committee is already Second Amendment rights. these families causing them to com- working hard in collaboration with The House of Representatives took pletely be derailed from moving toward Federal and local law enforcement, steps today to ensure their ability to being refugees in this country. No ter- with government agencies, with advo- not be singled out because they might rorist has been found in refugees. cacy groups and victims’ service orga- be in a particular system and assumed I believe it is crucial that we show nizations to develop a comprehensive to be a risk—unlike anybody else. So mercy in the spirit of prayer, as in the and coordinated plan to address the we can do good work sometimes, and prayer breakfast this morning. Let us issue. That is because, Mr. Speaker, we do when we strike out for pro- show mercy. over the next year, we will continue to tecting people’s rights. f end the practice of human trafficking, f working tirelessly, and this is a won- SUPPORT FOR BLM METHANE derful opportunity to showcase how we SUPPORTING JUDGE NEIL RULE can have freedom from the ugliness of GORSUCH’S NOMINATION TO U.S. (Ms. MICHELLE LUJAN GRISHAM trafficking. SUPREME COURT of New Mexico asked and was given f (Mr. GARRETT asked and was given permission to address the House for 1 permission to address the House for 1 minute and to revise and extend her re- THIDWICK BOOKS minute.) marks.) (Mr. POE of Texas asked and was Mr. GARRETT. Mr. Speaker, I rise Ms. MICHELLE LUJAN GRISHAM of given permission to address the House today to express my support of the New Mexico. Mr. Speaker, late last

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.065 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H919 year, the Bureau of Land Management and also our former colleague Chris fast and growing at rates that are not finalized its methane rule, which will Gibson, who was here for a while. in the anemic 1.5 to 1.8 percent level, reduce harmful emissions by curbing I think if there is anything that sums but up to 3, 3.5, and 4 percent if we are the wasteful venting, flaring, and leak- up what I have heard from JOHN’s going to produce enough wealth and ing of natural gas. heart, it is the economic condition that opportunity for our children and grand- Not only is methane a potent green- we are in and the fact that our debts children. Indeed, Mr. Speaker, we can- house gas, but every cubic foot of gas cannot continue to be sustained, and not allow this generation to leave to that is wasted cheats New Mexican tax- we have to put in good practices that the next generation a country that is payers out of precious royalty and tax not only take into account his dis- immeasurably poorer and less well off payments which go toward public edu- trict—which is a wonderful part of New than the country that we were given by cation, infrastructure, and community York State—and the growing applica- our parents and grandparents. development programs. Considering tion there, but how we can take that I am privileged to serve on three that the Governor of New Mexico has all over the country. committees here in Congress: the proposed cutting money from school So with great pride, it is my privilege Budget Committee; the Transportation districts to close an estimated $70 mil- to introduce the newest Congressman and Infrastructure Committee, where I lion deficit, we simply cannot afford to from New York’s 19th Congressional am honored to serve as the vice chair- let money disappear into thin air. District, JOHN FASO, to tell us a little man of the Subcommittee on Rail- Unfortunately, the House of Rep- bit about why he is here and his vision roads, Pipelines, and Hazardous Mate- resentatives is considering legislation for what we have. rials; and also the Committee on Agri- that will not only rescind BLM’s meth- Mr. Speaker, I yield to the gentleman culture. All three of these committees ane rule, but also prohibit the consid- from New York (Mr. FASO). are going to be vitally significant in eration of any similar rule to curb Mr. FASO. Mr. Speaker, I appreciate terms of my tenure here in these 2 methane emissions and protect tax- that, and I appreciate the gentleman years of Congress, but also for the peo- payer interests ever again. from Georgia’s hospitality in yielding ple of our district. I strongly support efforts to work the floor to me at this time. Agriculture, we have a robust and with all stakeholders, especially small, Mr. Speaker, indeed, I am privileged growing agricultural economy. It is independent producers who may, in to represent the 19th Congressional dairy, where a lot of dairy farmers are fact, have difficulties implementing District of New York State. This en- struggling with the low price of milk, BLM’s new standards, but taking a compasses a wide area of the mid-Hud- but also fruits and vegetables. We have sledgehammer to our Nation’s energy son Valley and the Catskill region. The got a remarkable number of new pro- policy is irresponsible and counter- district touches Vermont in the north- ducers—yogurt producers, cheese pro- productive. east corner and Pennsylvania in the ducers, and beef and pork producers— I urge my colleagues to oppose this southeast corner. We go out to Coop- because we live only 125 to 150 miles legislation and instead work to make erstown, and we have great local loca- away from the city of New York and this rule work for both producers and tions like Woodstock. Many people are the tremendous metropolitan area and taxpayers alike. familiar with Woodstock, where the the tremendous market that that en- f concert was supposed to be back in the tails. late 1960s, but also where the concert On the Agriculture Committee, I will NEW MEMBERS WORKING TOWARD occurred in Bethel, New York, in Sul- A COMMON GOAL be fighting hard to protect the inter- livan County. The district encompasses ests of our dairy community and small The SPEAKER pro tempore. Under all or part of 11 counties. farmers and to make sure that we en- the Speaker’s announced policy of Jan- The gentleman from Georgia ref- courage our young people to go into ag- uary 3, 2017, the gentleman from Geor- erenced the fact that I have resided for riculture. I am pleased to soon support gia (Mr. COLLINS) is recognized for 60 the last 30, almost 34, years in a measure which will encourage young minutes as the designee of the major- Kinderhook, New York, the hometown people to go into agriculture. ity leader. of Martin Van Buren, our eighth Presi- On the Committee on Transportation Mr. COLLINS of Georgia. Mr. Speak- dent. Our district also has within it the and Infrastructure, I mentioned the er, it is good to be back on the floor. town of Hyde Park in Dutchess County, Railroads, Pipelines, and Hazardous We have had a productive week so far. which is the home of a President who Materials Subcommittee. Our district Things are moving along. We are doing was extraordinarily well-known and is blessed to have the beautiful Hudson exactly what we promised the Amer- recognized for his great contributions Valley. The Hudson Valley—the Em- ican people, and that is removing regu- to our country, Franklin D. Roosevelt. pire State corridor of Amtrak—is one latory burden, that is beginning to I encourage people to come visit Hyde of the busiest in the Nation. It is also move toward an economy that looks Park and the Roosevelt home and man- one of the profit centers for Amtrak. after the needs of our communities— sion, and also Kinderhook. Many, many people ride the train be- our moms, dads, aunts, uncles, and I would be remiss if I did not also tween Albany and New York City on a grandkids. They come together to mention that the 19th District has the daily basis, in fact. It is vitally impor- know we are working toward a com- Baseball Hall of Fame in Cooperstown, tant to our commerce and to our busi- mon goal, and that is looking ahead New York, where I know a number of ness interests in our district. and making sure that what we do is in Members will be coming up later this We also have a number of freight rail the best interests of our neighbors and year to play a game of baseball in a facilities. I will be working closely our communities. charitable fundraising event. with folks out in Otsego County and Today, I want to continue in what we Mr. Speaker, Mr. COLLINS had made Oneonta for the project that they are started, Mr. Speaker, just a week or so reference to the economic condition. looking at for their rail facility in that ago. We are introducing the folks that The economic condition in upstate New community. the country has sent from our side to York is extremely difficult. Of the 11 Lastly, as I mentioned, I serve on the be Members here, to join myself and counties in my district, for instance, Budget Committee. Just today, we others, to take this fight from the ma- all 11 have lost population in the last 5 heard a report from the Congressional jority not only from their streets in years. What has happened is that peo- Budget Office. The chief of the CBO the campaigns, but now onto the floor ple are leaving because of high local came before us. He indicated that of the House. taxes and burdensome rules. These today we have almost $20 trillion of na- So this afternoon, we are going to come not just from Albany, but also tional debt. start off with one of our new Members from Washington. This is one of the from New York’s 19th Congressional things that I think the people sent me b 1630 District, JOHN FASO. I found out as I here to Congress to work on. That is just the on-the-books govern- was looking through his background I ran on a platform of economic ment national debt. He also said to us that JOHN comes from the same home- growth. We must get our economy that within 10 years we are going to be town as President Martin Van Buren moving, and we must get it moving facing another $10 trillion on top of

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.067 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H920 CONGRESSIONAL RECORD — HOUSE February 2, 2017 that. And $30 trillion, my colleagues, is times is we come in here, and we are want to say thanks to my fellow fresh- not sustainable. It is, in essence, gener- grouped together as 435, but, the re- man class. I am so grateful to be part ational theft. It is saying we would ality is, we all come from our indi- of the freshman class of the 115th Con- spend today our children’s and grand- vidual districts. gress—a freshman class that includes children’s inheritance and that we are Listening to the gentleman’s story, 10 Members with military experience, a forcing, by borrowing way beyond our listening to why he came, that is what sheriff’s officer, an FBI agent, two phy- means, our children and grandchildren keeps us grounded. This is the wonder- sicians, a dentist, and the rest of the in the future to pay for our spending ful hallowed halls for us to remember class being mostly businessmen and today. all the history that has been here, but, businesswomen full of real-life experi- So this, indeed, is a crisis point. It is when we come here, you bring that per- ences, which helps us solve problems a crisis point for our country. It is a sonal story. And that is what the vot- with some little common sense. crisis point for every man, woman, and ers elected you to do. As my family and I traveled our dis- child in our Nation. Again, it is a pretty amazing district. trict of Kansas this last 2 years, trav- In fact, if you look at the data, right I am learning about a lot of districts. eling 30,000 miles, they constantly now our national debt is the equivalent When you have the area of Woodstock identified the three common problems. of about $60,000 for every man, woman, and Cooperstown in the same district, They were concerned about the econ- and child in America. We have to get that is pretty cool. omy, national security, and health this under control. The way to get it I appreciate the gentleman being care. under control is we have to deal with here, and I am looking forward to his The first 2 years of those travels, I growth. We have got to get economic service. listened a lot. The last 6 months, I fo- growth. Smart tax and regulatory Mr. FASO. Well, I look forward to cused on solutions. I thought I would changes can help us spur the private working with the gentleman from share today some of the common solu- Georgia, and I look forward to working sector economy to grow this economy, tions that my classmates and I have with all of my colleagues on both sides to create more opportunity, to create talked about, as well as my constitu- of the aisle to try to fix what is wrong more wealth and jobs for our families ents back home. with our country today, to improve on all across the Nation, but particularly, First of all, as far as the economy what we already have, and to create a from my vantage point, in upstate New goes, the number one problem with the sustainable future for all Americans. York. economy is government overregula- This is why I ran, and that is why I am But we also need to take a hard look tion. Overregulation creates uncer- at reforming entitlement programs. here. I thank the gentleman from Georgia tainty and consolidation. When there is There is precedent for doing this. for the opportunity to come before the uncertainty, businesses don’t grow; President Ronald Reagan, Tip O’Neill, House to speak with him today. they don’t invest. the great former Senator from New Mr. COLLINS of Georgia. We are very The overregulation creates consoli- York State Daniel Patrick Moynihan, glad to have the gentleman here. dations. So instead of having three or and others came together in the early Mr. Speaker, as we go along, you four community banks in town, con- eighties and fixed the Social Security have seen one great new Member from solidation forces there to be only one financing problem for over 40 years. New York’s 19th District, but then bank. Oftentimes, those single banks Well, the timeline for fixing that prob- there is also a new Member who comes no longer even make bank loans to peo- lem is running out. from the Big First out in Kansas. He is ple from their own community. Con- I encourage people at home and citi- a doctor. He has been married for 32 solidation has occurred in hospitals zens all across this country, pull out years and has four children. and with physician practices as well, your Social Security earnings state- I think the coolest thing about this all too often. ment. Pull out that statement that the is we talk about a culture of life. For I am so proud to stand up here today Social Security Administration sends me, it is not just a life issue of getting and hear that the Senate also approved to you each year. If you look at it up every day. I believe that you take one of the laws we have passed repeal- closely, it will say that, in 2034, just a every day as a gift that has been given ing regulations. We think, as we go mere 17 or 18 years from now, Social to you, and you grasp and you take down this path, repealing regulation Security can only pay approximately that joy. But life has to start. For a will be a continued path for small busi- 75 or 76 percent of the promised bene- doctor who delivers 5,000 babies, it is nesses to grow. That is where 80 per- fits. pretty cool to see that life, as a hus- cent of our future job growth is going We have it in our capacity to fix this band who has been there. to come from: small businesses. problem to assure that all the seniors He has talked about his greatest role It is hard to believe, when I talk are taken care of and that those close as a husband and father. That is mine about national security, that men and and near retirement will not be af- and, I think, Mr. Speaker, as most, as women who live 1,300 miles inland from fected. But we also have to reform the we look at this. Seeing my kids come the nearest ocean, separated by moun- system so that our children and grand- in was a special time. To know what tains and rivers, are concerned about children have the prospect of some- that means in the life of a family, Dr. their own safety. thing there for them in the future. We Marshall brings that personal touch to It is hard to imagine that before cannot, again, be the generation to the House. He brings that personal there was the Paris massacre or San leave our kids and our grandchildren touch from the Midwest. Bernardino or Orlando that my con- holding the bag with a country less Mr. Speaker, you do know I am in stituents in Kansas were concerned wealthy, with less opportunity than the Air Force Reserve. Mr. Speaker un- about national security. I stand beside the country that our parents and derstands that very well. Also, I will our President in making our border se- grandparents gave to us. say that he served as well in our once- cure and working through immigration So I am really pleased to have this parent operation, the Army Reserve. It and refugee issues to make our Nation opportunity to come before the House is good to have him here. That military more secure. We think that is vitally today. I am very happy that Mr. COL- background also gives us a new per- important, and that is one of the rea- LINS has, with his wisdom and experi- spective because our world is not a safe sons we elected this President and ence here in the House, afforded us this place, and we need to understand what many, many people from my class as opportunity to come here and describe we are going through. well. what is going on in our district, why Mr. Speaker, I yield to the gentleman Lastly, I want to talk about health we came here, what we want to do, and from the Big First, the First District of care, something very near and dear to what we hope to accomplish over the Kansas, Dr. ROGER MARSHALL. my heart. next 2 years. Mr. MARSHALL. Mr. Speaker, I For the past 6 years, I have lived the Mr. COLLINS of Georgia. Mr. Speak- thank the gentleman for Georgia for nightmare of ObamaCare. It has caused er, one of the reasons we do this—and I yielding. many, many physicians I know to quit, think Congressman FASO actually men- I am so proud to be here today. Be- to give it up. ObamaCare has reduced tioned this—is what we forget so many fore I talk about my district, I just us to data entry positions rather than

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.069 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H921 physicians who can listen and develop one in the health field, knowing and tricts, saw promise. And we are looking their clinical skills as we try to work understanding that relationship be- forward to continuing with our new with patients to solve their healthcare tween the patient and the doctor and Members and continuing to introduce problems. finding the best way so that all can them over the next weeks. ObamaCare has led to consolidation have that access. I think that is what Mr. Speaker, I yield back the balance of physician practices. It has led to we see. of my time. high prices as well for insurance prod- He ended with something, and I will f ucts. It has led to $12,000 deductibles sort of end with that: the prayer break- MESSAGE FROM THE SENATE for most families. It is no longer af- fast. From my background as not only fordable. It is like having no insurance an Air Force chaplain but also a pastor A message from the Senate by Ms. at all. for over 11 years, we can have disagree- Curtis, one of its clerks, announced Eighty percent of Americans are not ments. And we are going to have dis- that the Senate has agreed to without happy with the Affordable Care Act, agreements. But what I have found is, amendment a joint resolution of the but I want to assure the American pub- when you pray for each other, you can House of the following title: lic and my constituents that, for every have disagreements, but you can’t be H.J. Res. 38. Joint resolution disapproving 5 seconds I have spent thinking about mad. the rule submitted by the Department of In- repeal, I have spent 5 days thinking I think that is what we have got to terior known as the Stream Protection Rule. about replace. do as a country is we have our dis- The message also announced that Though quite often the press wants agreements and we move forward and pursuant to sections 42 and 43 of title to talk about this as two separate we look for what is best for the individ- 20, United States Code, the Chair, on books, this is one book in my life—a uals and not best for what is this gov- behalf of the Vice President, re-ap- book of repealing and replacing as ernment. points the Senator from Vermont (Mr. quickly and efficiently as possible. I think that is what you brought to Leahy) as a member of the Board of Re- I want to assure all my constituents the table today and talked about, that gents of the Smithsonian Institution. back home that, if you are on an passion to get it back to the individual f ObamaCare product right now, we are who looks to Washington, knows it is RUSSIAN AGGRESSION AGAINST not pushing you off any cliff. We are there, and doing what the Constitution UKRAINE going to give you a period of transition said, but not overreaching into the where you can have a truly affordable areas of their life that take them away (Ms. KAPTUR asked and was given healthcare product that works for you from the things they want to do. permission to address the House for 1 without a $6,000 or $12,000 deductible. So I appreciate the gentleman’s serv- minute.) We are a party of solutions. If you ice. I appreciate him being here. It is Ms. KAPTUR. Mr. Speaker, the day will look at Dr. PRICE’s bills he sub- going to be great as we go forward. after our new President spoke to the mitted the last 6 years, you will see Mr. Speaker, we have gotten a fast President of Russia, Vladimir Putin, great alternatives and solutions that start. There are some things going on we saw a surge in Russian aggression the party has presented. We do think where we are doing what we promised. and attacks in eastern Ukraine. Every there are good solutions out there. I had an interview just the other day, American must realize, Russia is test- Speaking of Dr. PRICE, I can’t help and the reporter asked me the ques- ing our new administration’s resolve to but just stop and say we need to ap- tion: Well, what do you think about X? stand up for liberty. prove him, confirm him as quickly as They named off like two or three Since Russia invaded Crimea in Feb- possible. Dr. PRICE is a physician, an things. I said: What is surprising right ruary 2014, 10,000 innocent Ukrainians orthopedic surgeon from Georgia, who now to many folks who have reported have been killed by Russian aggression, has served Congress in multiple ways, on this place for so long is the fact that and this has increased over the past including leading the Budget Com- things are getting done and being week. Dozens more have been dis- mittee. promised to get done, and they are hap- placed—17,000, in fact. I have not met a man I would rather pening. These actions violated the 1994 Buda- have serve as the Secretary of HHS Mr. Speaker, that is what we are sent pest Memorandum on Security Assur- than Dr. TOM PRICE, a mentor to me— here for. And as we see that through ances that stated: the Russian Federa- a mentor to many of us—a kind man, a the regulatory issues we have been tion would respect the independent Godly man, a person who cares about dealing with this week, we are going to sovereignty and existing borders of patients, who understands health care, deal with again next week, and as we Ukraine. but he also understands government. look ahead to the battles of repealing Russia’s new aggression is another Before we can take many more steps and putting together access to afford- step in its campaign to undermine the with health care, we need someone in able health care for all Americans and democratic order that has existed in that position. I believe with all my not doing the scare tactics and not our Transatlantic Alliance since the heart that Dr. PRICE will do a great doing the straw man and not trying to end of World War II and cold war. job. push anybody off a cliff but saying: America must stand up for the people I look forward to continuing my next let’s talk about this together; let’s lis- of Ukraine and our European alliances several weeks here working with the ten and work together, as opposed to and denounce the actions of President freshmen, working with the rest of the way it was done. Putin. We have to stand up or we face— Congress. We are so optimistic. We Then, we look into tax reform. We Russia will face condemnation by the think that great days are ahead of us. look into energy development. It is a world community. Russia should with- I am going to close with a memory time in America to be smiling. It is a draw her heavy weapons from that re- today that I will have forever of going time when we can look around and the gion. They should stop financing sepa- to the National Prayer Breakfast. I rest of the world is saying: that is the ratists. They should allow repairs for have had the privilege of going to country that we know. That is the critical infrastructure and fulfill all of many, many events, but this may have shining light that we know. That is the their agreements under the Minsk ac- been the greatest event I ever attended place that the world looks to. Because cords. in my life to see men and women, lead- we are the freest country in the world, What is happening is a global shame. ers across the world, praying for our and we gave our spirit to others. f President, praying for our Vice Presi- dent. b 1645 THE AMERICAN PHILOSOPHY I am just thrilled to be a part of this. So it is exciting for me, as part of my The SPEAKER pro tempore. Under I am proud to turn this country back in work for the Republican Conference, to the Speaker’s announced policy of Jan- a positive direction. bring the freshman Members up here to uary 3, 2017, the gentleman from Mary- Mr. COLLINS of Georgia. It is good let them tell about their areas. And as land (Mr. RASKIN) is recognized for 60 to have Dr. MARSHALL here and be a we do so, it just shows you, I believe, minutes as the designee of the minor- part of bringing that vitality of some- that America, in many of these dis- ity leader.

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.070 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Mr. RASKIN. Mr. Speaker, I am de- designed on the principle of no reli- anything to do with our national secu- lighted to be here with my colleague gious tests for public office or political rity? Because if you look at the other PRAMILA JAYAPAL from Seattle, Wash- participation that suddenly we would terrorist events that have taken place ington. We wanted to talk about what say we are not going to accept people— in our country, for example, the Boston has been happening over the last week in the 21st century—based on their reli- Marathon bombers, those young men with the executive orders on immigra- gious heritage. who were implicated in that crime tion and asylum that have taken place, And of course, anybody can make up against the people of the city of Boston and we want to try to take a broad per- their religion anyway. Anybody can and the people of the United States spective on this; to put it in some his- say what they are. So it is as futile and came from Russia originally. torical, legal and constitutional con- as silly as it is anathema and Is there a ban on Russia being im- text; and then also to talk very specifi- apathetical to our basic constitutional posed here? Quite the contrary. Earlier cally about the executive orders and ideals. today, President Trump relaxed sanc- what has been taking place with them Well, that Muslim ban has, in its bi- tions on Russia, made it easier for in different parts of the country; and zarre way, become law now in the American businesses to export infor- about the multiple Federal judicial rul- United States of America. The Presi- mation technology to Russian compa- ings imposing injunctions on enforce- dent issued an executive order as one of nies, according to news reports. ment of those orders. his first actions on people coming to I haven’t seen the exact order yet, But I wanted to begin, actually, by our country from Iran, Iraq, Libya, but there is an executive order that is stepping back from the heat of the cur- Syria, Somalia, Sudan, and Yemen, lessening sanctions on Russia, despite rent crisis and looking, instead, at the those seven countries. And we have got the fact that two of the most infamous idea of America. to interrogate what exactly the logic of terrorists against the United States Well, what is the idea of America? this is. originally came from there. So what do America was created, as the great Tom The President and his chief strate- those seven countries have in common? Paine said, as a haven of refuge for peo- gists of the alt-right, named Steve Well, they are all Muslim countries. ple fleeing political and religious re- Bannon, have defended this order on They are poor Muslim countries. They pression from all around the world. the grounds of national security. The are poor Muslim countries that Donald Remember the radicalism of the idea is that somehow we are defending Trump doesn’t do business with. And so American Revolution and our Declara- the national security and the defense maybe that is it. Maybe the idea is, we tion of Independence and our Constitu- by banning people from those coun- are going to wage a worldwide war on tion. We were the first Nation on Earth tries. the poorest, most vulnerable Muslim conceived in revolutionary insurgency All right, we all support national se- countries, even if they don’t pose any against monarchy, dictatorship, autoc- curity. If that would advance our na- special threat to us, because that will racy, theocracy, and the merger of tional security, it is something we conform to Steve Bannon’s ideological church and State. should look at. world view of a major contest between The American colonists were rebel- Well, what is the evidence that that the Christian west and radical Islamic ling against, not just the king and all is going to benefit our national secu- terror. I think that would be it. But Presi- of the whimsical depredations and rity? Our country now is no stranger to dent Trump, of course, puts his busi- abuses of the crown, but also against terror and to terrorism. All of us re- ness interests even above the racism centuries of religious warfare in Eu- member that shocking, fateful day, 9/ and White nationalism of Steve rope between the Protestants and the 11, back in 2001, when America changed Bannon, because the business interests Catholics, holy inquisition, holy cru- forever. have to come first in all cases. Those 19 hijackers came from three sades, witchcraft trials, endless wars So that is the best that we can make between the Catholics and the Protes- countries. And which three countries of what has been imposed on the coun- tants. on this list of seven did they come try, an Orwellian policy imposed with Our forefathers and foremothers from? None of them. Those hijackers Kafkaesque incompetence all over the wanted to break from that history and came from Saudi Arabia. The over- United States of America. So the air- put into our Constitution the separa- whelming majority of them came from ports are in an uproar, families have tion of church and State—as Jefferson Saudi Arabia, then Egypt then United been dislocated, children agonized over called it, the wall of separation be- Arab Emirates. the situation, panic spreading across tween church and State, the establish- None of those three countries is on America. And part of me wants to ment clause, the idea of free exercise of this list of seven. Why not? Well, a cou- think, well, this is just the misfortunes religion, freedom of speech, the right ple of different theories are out there. of a beginning President. Maybe this is to petition for redress of grievances, One is that President Trump has busi- part of a design by Steve Bannon who the right of people to assemble, free- ness interests in those countries. He is has proclaimed himself a Leninist who dom of thought, freedom of conscience doing business with corporations in wants to tear the system down, tear in the United States. Saudi Arabia, in Egypt, and in the the government down; to start over But it would be a land that would be United Arab Emirates. So that is one again. open to people who were fleeing leading theory that is out there. The Maybe that is what is going on. Who authoritarianism, who were trying to other is that these are rich and power- knows? But all of this brings us back to get away from repressive regimes, and ful countries. So despite the fact that the emoluments clause. Now the kings, and monarchs, and princes, and they were the lead exporters from this emoluments clause, Article I, section 9, tyrants, and dictators, and despots ev- prism of terrorist hijackers to the clause 8 of the Constitution was in- erywhere. That was the idea behind United States, they get a pass. serted by our great Founders because America. And instead, we pick on Yemen, and they feared foreign monetary domi- Well, then in this Presidential cam- Somalia, and Iraq—our presumed ally— nance of the United States Govern- paign, then candidate Donald Trump that another Republican President ment. said that he wanted to impose a Mus- sunk hundreds of billions of dollars They knew that kings and princes, lim ban, a ban on Muslims coming to into waging a war based on the mythol- dictators and despots, traitors and sab- America, which would cause our fore- ogy that there were weapons of mass oteurs all over the place would try to fathers and foremothers to turn over in destruction in that country, but now use their money to compromise the in- their graves to hear that somebody they are on our side. Yet, we have im- tegrity of Republican government, Re- running for President of the United posed a ban of people coming in as refu- publican democracy. States wanted to impose a ban on the gees from Iraq. But Saudi Arabia gets a Remember, we were trying some- immigration of people based on their pass; Egypt gets a pass; United Arab thing new here, what our great Repub- religious faith, in a country that was Emirates gets a pass because they are lican President Abraham Lincoln designed on the principle of free exer- on the rich side. would later come to call the ‘‘govern- cise of religion, designed on the prin- So what exactly do these seven coun- ment of the people, by the people, and ciple of no establishment of religion, tries have in common if it doesn’t have for the people.’’

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.073 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H923 That was the experiment that we United Arab Emirates, they don’t in and being told that the executive launched then, and they knew that apply to any of the countries where order meant that they no longer could there was a basic problem, which is, Trump Industries has business. That is actually stay here in this country. the room will not hold all. We can’t precisely why the Founders put in the Mr. President, what happened then have a New England town meeting emoluments clause. I know it is a bit of for me, when I went to the Sea-Tac every time we need to make a decision, a mouthful, but every American has Airport at 1 in the afternoon on Satur- so we have got to elect people to go be got to learn to say it. All it means is day, I found a Somali family who had our Governors. payments. This is the foreign bribery been waiting, a U.S. citizen woman But when you elect them, now you clause in our Constitution. who had been waiting to be reunited have got an agent. And the problem all These terrible immigration orders, with her husband. She believed that fi- of you lawyers know out there—in which have created chaos and pande- nally she was going to get to hold him principal agent law—is how do you monium across the land, are a perfect in her arms. Instead, Mr. Speaker, make sure the agent actually serves demonstration of why we need to en- what happened is that he was put on a the client rather than the interests of force the emoluments clause and why plane and sent back to Heathrow, but the agent himself or herself? this President needs to divest himself perhaps somewhere else. We were not And the Founders understood that, immediately of all these foreign con- given any information about what was and they were afraid that the people cerns, or this Congress must hear the going to happen to that gentleman. who we elected might go to Wash- appeals that are coming from our side We found out that there were two ad- ington and be corrupted by foreign of the aisle and must listen to the fact ditional individuals who were already money, by all of the diplomats and that these payments that are being re- put on a plane ready to be deported. spies running around offering gifts, and ceived on a daily basis by the President We, along with the ACLU, the North- gold, and snuffboxes, and diamonds, are a threat to the American constitu- west Immigrant Rights Project, and and so on. And so what they said was tional order. our governor, were able to file for a that no official in our government, no Mr. Speaker, I yield to the gentle- temporary restraining order. We were official could accept any gifts, or emol- woman from Washington (Ms. able to take that restraining order on ument, any payment of any kind at all JAYAPAL), my good friend and col- our phone to the plane and say: Stop from a foreign government, a king, a league from Seattle, Washington. this plane. prince, or a foreign government. No Ms. JAYAPAL. Mr. Speaker, I thank That literally, Mr. Speaker, is how foreign payments. the gentleman from Maryland (Mr. we were able to get those two people And that is something that has been RASKIN), my friend and colleague, and I off of the plane. We were able to then observed scrupulously for more than thank my other colleagues also who get them legal counsel after much two centuries by our Presidents. No- are here today to shine a light on the intervention. body has even come close to the line of abuses that happened last week and Mr. Speaker, it should not be this violating that. last weekend with the executive order way. This is a country that was built When Benjamin Franklin was Ambas- that was passed and signed into law by by immigrants. It is a country that has sador to France, he received a snuffbox this President. welcomed people from across the world from the people of France. He came Mr. Speaker, this order is in direct to come here as a refuge, as a sanc- back, and he brought it to Congress contrast with the values that this tuary. My State of Washington is one and asked Congress to approve, because country was built on: foremost, to be a of the top States in the country for ref- it is up to this body to decide whether refuge. That is how so many people in ugee resettlement. The reality is we or not a foreign payment is acceptable the history of this country have come are destroying the very principles of or not. here. Instead, our President has chosen compassion, of humanity, of being a And Congress said: Mr. Franklin, be- to close the doors on people who are refuge, of building this country with cause of your extraordinary reputation fleeing violence in their home coun- immigrants and refugees. for integrity, for decency, and for hon- tries, and it is based on their religion. Literally thousands of people came esty, we understand you have not been This ban is discrimination in its to the airport to say: We welcome refu- compromised by that snuffbox, and it purest form. It does not make us safer. gees; we welcome immigrants. is just a snuffbox, and you can keep it. In fact, Mr. Speaker, I believe that This is not the America that we But today, what we have got now is a doing what we did has actually put fod- know and love. We are better than this. President who has hundreds of millions der into the hands of those who really This is not the first time I have had of dollars of interest all over the do wish to do us harm by being able to to fight against these illegal deporta- world—in Russia, in the Philippines— say that America hates Muslims, that tions. After 9/11, we had similar situa- millions of dollars of loans from the America hates Islam, and that America tions, not as bad as this, but we had Government of China, the Trump hates immigrants and refugees, none of the National Security Entry-Exit Reg- Hotel, which is renting out banquet which is true to the history and the istration System, NSEERS. It required rooms, dining halls, floors, hotel founding of this country. that men from 25 Muslim and Arab rooms, to foreign governments and em- The reality, Mr. Speaker, is that the countries were going to be bassies from all over the world who International Rescue Committee has fingerprinted and registered. This was come here to try to influence our gov- said that it is more challenging for ref- under the Bush administration. At the ernment. ugees to get into the United States time, Attorney General John Ashcroft And what do we hear about the than anyone else. They are the most said: You are either with the terrorists emoluments clause? Has the President heavily vetted group there is. As you or you are with us. come to ask us whether or not we ap- can see here, there are 20 steps in- That is a false choice, Mr. Speaker. prove of these arrangements? Nothing. volved in the process, and those who do The reality is that security and liberty Nothing has happened. Is it affecting get approved have been through the do not oppose each other. They go hand policy? Every single day. most rigorous background checks, in hand, and we cannot sacrifice one And I come back—before I turn it fingerprinting, and questioning. for the sake of the other. over to my colleague—to what we are Instead of making us safer, this ban Mr. Speaker, we were able to fight talking about, which is these executive is simply throwing people into chaos. that, and we finally did end that spe- orders which have this very bizarre Many of us over this last weekend went cial registration program, but now here quality, my fellow Americans. to our airports across the country— we are again. We know the shame of Dulles; New York; Seattle, Wash- history when we have not been on the b 1700 ington, my hometown. We were called right side of it. We know that in 1942, They apply to poor Muslim countries to the airport because there was chaos 125,000 Americans of Japanese ancestry where Donald Trump has no business that erupted across the country, chaos were put into internment camps, and it interests. These executive orders don’t that erupted at the airports, because took us a very long time to come back apply to Saudi Arabia, they don’t apply people who had legal documents to and apologize. Mr. Speaker, when we to Egypt, they don’t apply to the come to the United States were coming did, we said we will never do that

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.074 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE February 2, 2017 again. Yet, here we are for the first and the gentlewoman from Washington Mr. RASKIN. Mr. Speaker, I yield to time again instituting a religious test (Ms. JAYAPAL) for their tremendous the distinguished gentlewoman from as to who can get into this country. leadership. They have hit the ground California (Ms. BARRAGA´ N). Let us be clear that it is a Muslim running here in Congress in defense of Ms. BARRAGA´ N. Mr. Speaker, last ban. It does not mean that every single our Nation’s immigrants and refugees Saturday night, I was at Los Angeles Muslim country necessarily has been and for all who just seek to live the International Airport. I went out to targeted yet. But what it does mean is American Dream. So thank you very show unity and stand with those that that Muslims are being scrutinized in a much for your leadership and for call- stand against this ban. I think it is different way simply for being Muslim. ing us together tonight. wrong. I think it is unconstitutional A constituent of mine called my of- Mr. Speaker, in his first week as and unAmerican. But what I saw there fice this week to tell me another very President, Donald Trump issued an ex- was startling. disturbing story, and she told me that ecutive order essentially banning im- I want to tell you the story of I could tell it here on the floor. She migrants and refugees from the United Fatema. Fatema is a legal permanent was passing through immigration into States on the basis of religion. This ac- resident. She got a notice in the mail Houston on her way back home from tion effectively shuts our gates to some that she was about to be sworn in to Seattle. Dr. Angelina Godoy was trav- of the most vulnerable people in the become a U.S. citizen on February 13. eling back from Central America where world fleeing danger and death. She was traveling with her 1-year-old she was doing research. She is a U.S. This ban flies in the face of our fun- son who is an American citizen. She citizen. She said she was so alarmed by damental values as Americans. It is, was the victim and was being detained. what happened to her that she wanted yes, morally reprehensible and will Reports from lawyers on the ground to call and get it on the record. only serve to make the United States were that she was being pressured to Angelina is a human rights professor less safe. This executive order is also a sign away her right to be a legal per- and she has traveled through immigra- direct threat to our national security. manent resident right after they had tion many times. This was the first Banning Muslim immigrants and refu- sent somebody back, a student, who time she said she had experienced any- gees only fuels ISIS propaganda by pro- had a visa to be here. thing like this. Her immigration offi- moting the false idea that the United b 1715 cer asked her about her political views. States is at war with Islam. This half- When she said that she was deeply con- I was there, along with one of my col- way ban is felt in our communities leagues, JUDY CHU, fighting, trying to cerned about the President’s actions, across the Nation. he asked her why she wasn’t concerned get to the detainee to make sure that In my district, one Iranian student at she had access to an attorney. I asked with all the refugees that were flooding the University of California, Berkeley into our borders. And he used that to go to CBC, the Customs and Border was not allowed to board the plane to Protection. Conveniently, they were word ‘‘flooding.’’ When she said she return to the United States. She is now didn’t think that they were flooding in, shut down. They had closed the office. forced to withdraw from the semester. So I asked somebody: Can you walk he told her that she can’t tell him that This is a disgrace. me down to the arrivals so I could talk based on the fake news she is seeing on Mr. Speaker, this Nation is and has to somebody? television. been and will always be a Nation of im- They wouldn’t do it. I got a tele- Mr. Speaker, this is incredibly dis- migrants. This ban and this President phone number. I called. None of my turbing. Are we going to now check the and his executive orders do not reflect questions were answered. They views of every U.S. citizen who is com- our values. This is not who we are. wouldn’t answer a single question: ing into the our borders to see whether As the President’s divisive ban was Were any of my constituents being de- they agree with these executive orders implemented, we witnessed thousands tained? Could I get a lawyer to some- or not? body? Well, I am here to tell you that it of Americans bring what I call ‘‘street heat.’’ Men, women, and children They wouldn’t even say yes or no. All may be the thought that fear and pa- I was told was I had to call this Wash- triotism together is the way to sup- across the country stood up to the President and declared with one voice: ington, D.C., number—a 202 number. press dissent. We will not be suppressed Now, it was Saturday night. It was 7 with fighting for the very values that Not on our watch. These protests, the voice of the p.m. on the Pacific Coast. make us great. I called. I left a message, asking for In cities around the country, what American people, give me hope. If we stand together and resist, we will pre- a return call. I didn’t get one. I de- gives me hope is that people stood up manded, with my colleague, that we to stand up against this hatred. The vail. While the President continues his at- get a briefing privately, behind closed Muslim ban is unconstitutional, and we doors, outside the press. We didn’t get are standing here today to demand tack on immigrants, refugees, and Muslims, I vow to stand up for our one. that it be repealed. As a matter of fact, when I called communities with my colleagues with You can see here the chart that I re- back, I asked: Who is your manager? a clear message saying once again: ferred to earlier. There are 20 steps Who are you answering to? This is not who we are. This Muslim that you must go through in order to She said: The President. be screened. Syrian refugees are prob- ban is hateful, it is unconstitutional, Oh. You have talked to Donald ably the most screened individuals in and it is downright wrong. Trump? our country today. And there are 5 mil- Finally, let me just say that Feb- It was really disturbing. And then lion Syrian refugees who are pouring ruary is Black History Month. As an she hung up on me—and I am a Member out of the country. African American woman, I am re- of the United States Congress. I Mr. Speaker, this is not a time to minded of the bans and exclusions of couldn’t get any answers to try to pro- turn our backs on them. This is a time African Americans and my ancestors tect the very constituents that we to make sure that we are taking care and the legacy of slavery where my an- fight for, the constituents whom we of the women, the children, the fami- cestors were brought here in chains, represent. It was very disturbing. lies, the majority of refugees to this built this country, and continued to These immigration orders are unset- country who are women and children fight for freedom and justice. As an Af- tling, but they are also a disservice to and families. The majority who have rican American, there is no way I can the Customs and Border Protection family members here that they are tolerate any ban on anyone seeking when you don’t give a heads-up, when waiting to be reunited with, that is refuge in this great country. you don’t have a warning on how who we are talking about, Mr. Speaker. Finally, and in conclusion, as a mem- things are going to be carried out. This Mr. RASKIN. Mr. Speaker, I yield to ber of the Appropriations Committee, I led to mass confusion not just at LAX, the distinguished gentlewoman from just want to say that I am going to but at airports across the country. California (Ms. LEE). fight tooth and nail to prevent funding I hear often that this affected just a Ms. LEE. Mr. Speaker, I thank the for these misguided anti-immigrant small number of travelers, but it af- gentleman from Maryland (Mr. RASKIN) and anti-refugee policies. fected a lot more than that. We saw the

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.076 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H925 masses of people coming out. We saw Sally Yates, risked her job and reputa- whatsoever. You can be Baptist; you lawyers who had to go down there and tion rather than act as Donald Trump’s can be Methodist; you can be whatever give their time. A shout-out to the enforcer. I commend Ms. Yates for her you want to be. That is up to you, and ACLU and to the attorneys at public personal integrity and fidelity to our it is a private matter. Americans basi- counsel and to so many other attor- Constitution. Ironically enough, during cally understand that this is right be- neys who went down there and gave her confirmation hearing, it was Don- cause the Framers of the Constitution, their evenings, their time, and who ald Trump’s own nominee for Attorney people like Thomas Jefferson and oth- have been standing up and fighting for General who suggested that Ms. Yates ers, looked over at some of the Colo- people in court to get people to come maintain the integrity of the Depart- nies and even looked at some of the back. ment of Justice at all times and that conflicts in Europe and said that we Just today, at Los Angeles Inter- she must refuse to enforce orders that don’t need to be mixed up—fighting— national Airport, there was a press were unconstitutional. This week, Ms. with each other over religion. conference held to welcome back the Yates made good on her answer to Sen- Now, the Framers got a lot of things one person who was allowed to come ator SESSIONS and upheld her oath to wrong. They got women’s rights wrong; back—an Iranian citizen who was de- faithfully uphold our Constitution. they got race wrong; they got Native ported and sent back, who was forcibly For these reasons, I will proudly in- American rights wrong. There were removed on Friday night even though troduce a resolution that commends many things that they needed to cor- he had a legal right to be here. Hope- Ms. Yates for her act of moral courage rect in this Nation. fully we are going to hear more of and for her adherence to the dictates of As the great Thurgood Marshall said, these stories, but it shouldn’t be that the United States Constitution. I call we were defective from the start, and way. People should not show up at the on all of my colleagues to sign on to we needed to have civil wars and civil airport and get on a flight in a country this resolution and for House leader- rights movements and other move- in which they have a right to be just to ship to schedule a vote to commend ments to make this country the coun- have to turn around and be sent back Ms. Yates. Most importantly, though, I try that it is today. Yet one thing we did decently in the after being detained for hours on end. call on Donald Trump to rescind this beginning is with regard to religious This isn’t right. egregious order that harms our econ- freedom—until now. Donald Trump is As a Member of Congress, I will work omy, that contravenes our values, and introducing a religious test for whether to ensure that the Federal Government that endangers our national security. obeys the Constitution, respects our I thank the gentleman and gentle- or not people can be a part of this American story. history as a nation of immigrants, and woman for yielding. Donald Trump claims: Oh, I don’t does not unlawfully target anyone be- Mr. RASKIN. I thank the Congress- have a Muslim ban. cause of one’s national origin or faith. woman for her comments. Wait a minute, President Trump. Mr. Speaker, I yield to the distin- Mr. RASKIN. I thank the gentle- Wasn’t it you who, on December 7, 2015, guished Congressman from Minnesota woman. said that you were calling for a ban on Mr. Speaker, I yield to the distin- (Mr. ELLISON). all Muslims who enter into the United Mr. ELLISON. I thank Congressman guished Congresswoman from New States? Wasn’t it you who said it mul- RASKIN, and I thank Congresswoman York, YVETTE CLARKE. tiple times throughout your campaign? Ms. CLARKE of New York. I thank JAYAPAL. Didn’t you say you wanted to have a Mr. Speaker, the truth is that the the gentleman from Maryland and the Muslim database for all of the Muslims House of Representatives has tremen- gentlewoman from Washington State who were in the country? Didn’t you dously benefited by these two awesome for hosting this very important Special say you wanted to shutter mosques? freshmen who have come in here like Order hour. You said these things, and now, all of a Mr. Speaker, I rise to voice my out- gangbusters. I am sure that my class- sudden, you are shy about saying that rage over Donald Trump’s unconscion- mate and friend of many years from you are running a Muslim ban. able, ill-conceived, horribly executed New York, Ms. YVETTE CLARKE, will These people who say, oh, it is not a and implemented executive order that agree with me that we are always try- Muslim ban surprise me because I am, limits Muslim immigration and travel ing to welcome these folks who have like, I thought you all were proud of it. into the United States. come straight off the campaign trail, I thought you were bragging about it. I This order is an appalling affront to because you really know how people thought it was how you rode your way American interests. It is contrary to are feeling when they come straight off into office—by appealing to people’s our ideals and values as a nation, and the campaign trail—fresh. I am sure fears and trying to whip up hostility it flies in the face of our history and the Congressman from Rhode Island, among different Americans of different the core conviction of freedom from re- DAVID CICILLINE, agrees. faiths and traditions. Yet now, all of a ligious persecution that this Nation The people of this country are fun- sudden, you are shy about saying what was built upon. It provides the fuel to damentally fair folks. Our countrymen you are doing, which is a Muslim ban. our enemies and makes a mockery of and -women believe that everybody Yes, it is a Muslim ban. Just because it our democracy and Constitution. Most ought to be treated with dignity and doesn’t ban every Muslim everywhere importantly, it tears families apart by respect. Yes, we believe that we have does not mean that the people who are prohibiting people with valid travel to have an economy that works for ev- banned are not banned because they documents from entering the country. erybody. Absolutely true. We also be- are Muslim. That is exactly why they I saw this firsthand on Saturday lieve that people should be treated are banned. That is why they are when I visited JFK International Air- based on their behavior, based on who banned. port to witness the needless chaos and they are, based on what they bring, not He was asked on a TV program: confusion that this order has created. based on their race, their sex, their Would you give preferential treatment One person who lives in my district gender, their religion. In fact, this idea to people of another faith? who has been affected by this order is is enshrined in the Constitution. He said: Yes, I would give pref- Dr. Kamal Fadlalla. Dr. Fadlalla is a The first clause of the First Amend- erential treatment to another faith. Sudanese hospital resident in Brook- ment reads: ‘‘Congress shall make no He said it. It is on the record. So lyn, New York. He is trained to save law respecting an establishment of re- don’t come telling me how there is no lives, not to take them. Yet, due to ligion, or prohibiting the free exercise Muslim ban. There is one, and these Donald Trump’s egregious executive thereof.’’ Later on in the Constitution, people who bragged so much about it— order, Dr. Fadlalla has been prevented it reads that Congress shall not impose I mean Trump and Bannon and all of from returning back to the United any religious test for participating— the rest of them—should not act like States to help heal our sick and save serving—in public office. there is not a Muslim ban now. There lives. In America, you don’t have to have is a Muslim ban. It is a religious test There is no justification for this one religious belief or another. In for entry into this country. It is uncon- shameful order, and it is no wonder America, you can be a Christian, a stitutional; it is immoral; and it is that the Acting Attorney General, Muslim, a Jew, a Hindu, or of no faith wrong.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.078 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H926 CONGRESSIONAL RECORD — HOUSE February 2, 2017 I just want to say to all of my fellow organizing tonight’s Special Order hour bedded in the process already. It is a Americans right now, if they can ban on this very important topic. process that takes anywhere from 18 to Muslims, they can ban Jews; if they I join my colleagues in expressing my 24 months. It is a process which has can ban Jews, they can ban Seventh- strong opposition to the President’s been in place and has worked success- day Adventists; if they can ban Sev- Muslim ban, a religious test. It is the fully. There hasn’t been a single Syrian enth-day Adventists, they can ban first time we have seen this in modern refugee who has been charged with hav- Mormons; and if they can ban Mor- times. ing been engaged in any terrorist activ- mons, they can ban Catholics. It is We have been at war since 9/11 ity. wrong, and we should stand up and say against terrorism, and our most urgent By the way, the world is facing the that it is wrong and immediately de- responsibility is to keep America safe, largest refugee crisis since World War mand that it be repealed right away. I but President Trump’s Muslim ban II. The U.N. estimates that 4.9 million think this is absolutely critical that makes it harder to do this. The Muslim refugees have registered, and there are we do so. ban makes it harder to work with our about 6 million total if you include I want to share a story for a moment allies. The Muslim ban makes it harder those that aren’t registered. Turkey longer, if the gentleman doesn’t mind, to recruit intelligence assets. The Mus- has taken 2.7 million refugees. Lebanon because I know we have some really ex- lim ban makes it harder to enlist allies has taken 1 million refugees. Jordan cellent speakers coming right behind in our fight against ISIS. has taken 655,000 refugees. Iraq has me, and I want to yield to them as We should help people who are flee- taken 228,000 refugees. quickly as I can. I want to share a ing ISIS rather than slam the door in Do you know how many the United story about one of the families that their faces. Instead, President Trump’s States accepted last year? About 16,000. has been affected in my own home Muslim ban likens these individuals to So, Mr. Speaker, we have a lot more to State of Minnesota. terrorists. This isn’t a plan, and it do to meet our responsibilities with re- One person who was prevented from won’t keep America safe. spect to accepting refugees who go flying to United States this week is a We need a real plan, a plan that hon- through this very rigorous process. little girl from Somalia whose mother ors our values and a plan that does not I am here tonight to speak out as came to Minneapolis as a refugee in discriminate based upon a person’s reli- loudly as I can against the executive 2013. This child was stuck in Uganda gion. We need a plan that keeps our order that ends the Syrian refugee pro- without her family because she hadn’t country safe and respects freedom of gram that has worked so successfully been born by the time her mother was religion, whether people are White, and that puts in place a Muslim ban granted refugee status. When her Black, Brown, Christian, Muslim, Jew- that is making us less safe. mother, Samira, was given permission ish, young, or old. Immigrants and ref- This isn’t a Democratic or a Repub- to come to the United States 4 years ugees have made incredible contribu- lican issue. There have been a number ago, she was told to leave her daughter tions to our great country, and it is of Republicans who have knowledge behind with friends of the family in time for our President to say this. that this is making us less safe. Sen- Uganda and apply for reunification in In my home State of Rhode Island, ator LINDSEY GRAHAM and Senator the United States. This little girl was like so many places around the coun- JOHN MCCAIN said this may well do supposed to fly to Minnesota and rejoin try, when we watched on television more to help terrorist recruitment her family on Monday. Instead, her news reports of an executive order than improve our security. flight was canceled because of the Mus- being issued and people who are law- There are a number of other national lim ban. fully authorized to return home to the security experts who have said this will President Trump is not making our United States being held in detention not make us safer. There are a number country safer. President Trump is rein- and being prevented from coming back of veterans organizations that have forcing the narrative of people who into America, we were sick to our said the same. Business leaders have don’t like our country. stomach. said the same. What does ISIS ultimately say? That People in Rhode Island rallied, like This will not make us safer, and it America is at war with Islam. people did all across this country, to has really brought the scorn of the I am here to tell everybody on the express their outrage, to say this is not world, as people have seen an America planet that America is absolutely not America and these are not our values. that has always stood for values of wel- at war with Islam or with any other re- This is inconsistent with our Constitu- coming people and of diversity and ligion. The American people are of a tion. While we saw this administration being a place that people come to—like peaceful nation. The people who live in working to undo basic constitutional my great-grandfather did—to build a the United States want to live in har- rights and civil liberties—including, better life to suddenly be slamming its mony with all of the other people of most importantly, freedom of reli- doors and instituting a test based on the world; but this particular person gion—people all across America spoke religion. It does violence to our history who happens to occupy the Presidency out. and to our Constitution. doesn’t reflect the values that we rep- In addition to recognizing that this I want to just ask the gentleman resent. He doesn’t reflect who we are. didn’t comport with our deeply held be- from Maryland (Mr. RASKIN), who is The thing that he is doing is actually liefs and faith and confidence in our not just an ordinary lawyer, but a reinforcing the narrative of the people Constitution, we also knew that these scholar, a professor of law, whether or who would mean to do all of us harm were families fleeing unspeakable vio- not he has done an analysis as to the no matter what religion we may be. lence as part of the refugee program constitutionality of the President’s I just want to sit down now and say: who are also being denied access into Muslim ban. For the sake of this young woman and the United States. People were fleeing There have been, I think, four courts for the sake of Samira’s daughter, who ISIS and then coming to America only now who have, in fact, entered orders is languishing in Uganda right now and to have the door slammed in their invalidating key parts of these orders who wants to be reunited with her fam- faces. based on their assessment that they ily, may we please get rid of this ban As has been said, the refugee pro- don’t comport with our Constitution. and get rid of this unlawful executive gram that we have in place is the sin- I ask the gentleman to share his as- order? gle most difficult way for someone to sessment as to whether or not my view be allowed to enter the United States. of this—and, I think, the view of these b 1730 It is a 10- or 12-step process. courts—is the correct one. Mr. RASKIN. Mr. Speaker, I yield to If you go to the website, you can see Mr. RASKIN. Mr. Speaker, I will be the distinguished gentleman from what you have to go through to be au- very brief here because a number of our Rhode Island (Mr. CICILLINE). thorized to come into the United colleagues from around the country are Mr. CICILLINE. Mr. Speaker, I thank States as a refugee, and included in waiting to weigh in. the gentleman from Maryland (Mr. that is a determination that you do not Let me just say that this executive RASKIN) and the gentlewoman from pose a danger to the national security order is like a bad issue spotter on a Washington State (Ms. JAYAPAL) for or to the American people. So it is em- constitutional law final exam. It

VerDate Sep 11 2014 06:05 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.079 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H927 is riddled with so many constitu- The American people deserve better. I am contacting you regarding John, an tional errors and violations, start- Let’s be clear. The President’s execu- Iraqi national who earned a special immigra- ing with the ban on religious free tive order makes America less safe. tion visa for his work with the U.S. Army The only threat to America posed by over two different 3-year periods in Baghdad exercise, equal protection of the and another region of Iraq. laws. The way it has been imple- Syrian refugees is to our conscience. My personal acquaintance with him, where mented has been draconian and Instead of protecting the homeland he is a translator in a small 12-man military Kafkaesque around the country, from terror, the President has gift- training team I led. The recent executive violating due process and the right wrapped powerful propaganda for our order curtailing immigration from Iraq, to counsel, which has been the enemies. along with six other countries, has halted his This is not just my opinion or the plan to emigrate with his family. source of a lot of the successful He and his fellow translators provided an constitutional litigation that has opinion of Democrats in Congress. This invaluable service to the team. They braved already taken place. is what we have heard from dozens of the same dangers we all faced. They rode in It hasn’t even been out on the street national security experts from both the same vehicles, walked the same streets, for a week, and I think five or six Fed- parties. They are warning us that this met with the same people. The only dif- executive order is a stain on our rep- ference is is they were unarmed and, after eral district courts have struck down missions when we returned to secure FOBs, different aspects of it. So it is a Pan- utation and a setback for counterter- rorism efforts around the world. Yet they had to return to live in their commu- dora’s box, and it is going to be the gift nities unprotected. that keeps giving to constitutional congressional Republicans remain si- John was wounded while working with the lawyers across the country. lent. U.S. Army, and he provided honorable serv- Again, we are urging the President Mr. Speaker, our democracy has en- ice to the country for years. just to withdraw it at this point. dured and prospered for more than two This is who is the target of President Mr. CICILLINE. Mr. Speaker, I join centuries because of our system of Trump’s executive order banning Mus- my colleagues in urging President checks and balances. Congress has a re- lims. This is wrong, and we need it to Trump to rescind both of these uncon- sponsibility to act when the executive stop. stitutional executive orders. branch advances reckless and ill-con- President Trump, rescind your order. Mr. RASKIN. Mr. Speaker, I yield to ceived policies. We are failing to fulfill Mr. RASKIN. Mr. Speaker, the gen- the gentleman from California (Mr. that duty by refusing to repeal the tlewoman from Washington State (Ms. TAKANO). Muslim ban, by refusing to investigate JAYAPAL) and I thank all of the Mem- Mr. TAKANO. Mr. Speaker, I thank the President’s many conflicts of inter- bers who have come pouring out in re- the gentleman from Maryland (Mr. est. And by refusing to stand up for sponse for this Progressive Caucus Spe- RASKIN) as well as the gentlewoman America’s most basic principles, my cial Order. from Washington State (Ms. JAYAPAL) friends across the aisle are putting our Mr. Speaker, I yield to the gentle- for hosting this important Special global leadership and the integrity of woman from Illinois (Ms. SCHA- Order hour. Congressman RASKIN and our government at risk. KOWSKY). Congresswoman JAYAPAL are two of If ever there was a time to choose b 1745 your country over your party, this is the newest members of the Congres- Ms. SCHAKOWSKY. Mr. Speaker, ref- it. sional Progressive Caucus, and I want ugees that are fleeing for their lives Mr. RASKIN. Mr. Speaker, we have to express my gratitude for their lead- are not the enemy. Look at this 3-year- four more speakers. We have had an ership. old Syrian boy, Aylan Kurdi, who overwhelming response to the Progres- Mr. Speaker, last week, President washed up on a beach in Turkey. He sive Caucus’ Special Order on the exec- Trump issued an executive order that and his older brother and his mother utive orders here. violated America’s basic commitment drowned. They were among, literally, I yield to the gentleman from Wis- to projecting hope and tolerance thousands of people who drowned es- around the world. With a stroke of his consin (Mr. POCAN). Mr. POCAN. Mr. Speaker, I thank the caping the violence that was certain in pen, he turned his back on a humani- their home country of Syria. gentleman from Maryland (Mr. RASKIN) tarian crisis and shut the door on des- Now the President is trying to keep and the gentlewoman from Washington perate families fleeing unspeakable vi- them out of our country. He is con- olence. It has taken just 2 weeks for State (Ms. JAYAPAL) for the Progres- demning more children like Aylan to this administration to undermine our sive Caucus’ Special Order hour. their death with this executive order. I was on the floor earlier today talk- moral authority and weaken our role And in face of this immoral action by ing about my concerns very specifi- in promoting peace and stability in a the administration, I have witnessed cally around this, as it relates to the volatile world. the decency and generosity of people in countries that were selected and the In airports across the country, in my district. I was proud to join people fact that these were not countries that streets of coastal cities and mid- of all faiths in rallies to support our were selected for any reason other than western towns, in States that voted for refugees and our Muslim neighbors. Secretary Clinton and in States that the fact that they are Muslim coun- I was with lawyers who rushed to voted for President Trump, the Amer- tries and that Mr. Trump has decided O’Hare Airport to offer assistance to ican people are expressing their out- that they should be included. those who suddenly are detained under rage at the Muslim ban. Patriotic men What I want to talk about tonight is the executive order. and women are standing up for the my district and how this affects it. We I have received hundreds of letters. compassionate, exceptional country we saw the crowds in New York, Cali- One was from a couple who had joined strive to be. fornia, Chicago, Boston, and other big with 13 friends to welcome and provide Religious leaders are standing up to cities that have international airports assistance to a family that wanted to say: This is not who we are. and the activities this weekend; but in resettle from Syria. They had collected Veterans are standing up to say: This Madison, Wisconsin, we have had a money. They had collected furniture. is not what we fought for. very direct impact. We have 115 fac- They had worked for over a year in There was a time when Republican ulty, students, and staff, right now, im- order to make this happen, and they fi- leadership stood with them. These two pacted by this decision. In fact, there is nally got word that they were actually tweets to my right are a memorial to a one joint national Canadian-Iranian going to get a family to come. time when Vice President PENCE and student who is in Brazil who has been Then, on January 30, they got official Speaker RYAN were prepared to pub- advised not to come back. word that the family would not be al- licly oppose policies they called un- What I want to do is read into the lowed to enter. And now they don’t American. Now, when faced with the RECORD this statement. We are work- know what happened to that family. reality of this policy, Speaker RYAN is ing on a case of someone who is an Let me just read the end of that let- choosing to support the ban. Our Vice Iraqi national, and this is a letter writ- ter. He said: President deleted his tweet. We had to ten by someone who served with him in Now we don’t know what happened to the search around to find the original the military. I want to read this very family. Because they are Syrian, they are in- tweet, and it is right over there. quickly: definitely banned from the United States.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.081 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Meanwhile, we have a warm apartment and tourist visa to visit the student son and 2. An Iranian PhD student who was to have $12,000 waiting for them. We have rooms full daughter and grandchildren. His visa inter- started at UC Davis this spring (he was ac- of furniture stockpiled, and no way to get to view has now been canceled. Attached are cepted), recently obtained his visa, was to them. the pictures of the two grandchildren he will arrive in March, 2017, to start classes April 4. As a group of Chicagoans, as a second-gen- not be able to see. He has not been able to His ability to start then is now in doubt. In eration American myself, we came together see his daughter for five years. addition, his proposed roommate, who is al- to aid a family in dire need and to affirm the 7. Scholar advisors at UC Davis are being ready here from Iran, was counting on him quintessential American values of openness asked by scholars of these countries if it is to share expenses. This person, now finds and inclusiveness. safe to travel within the USA. The fact that himself in a difficult situation. I can’t stop thinking about that couple, scholars must ask this shows the fear that 3. An Iranian F–2 (spouse of F–1) is con- what they are telling their children right exists. cerned about her ability to change to F–1 now, and where they will sleep tonight. 8. Departmental staff is questioning wheth- status to become a student. She has been ac- Turning our back on families and children er to admit students or invite scholars from cepted at UC Davis. who are fleeing a war is not our best stra- these countries for summer and fall arrivals. 4. An Iranian student applying for a Mas- tegic interest as a nation, nor is it in our There is much confusion. ter’s program in Engineering at UC Davis is best interest as decent human beings. 9. A high profile scholar from one of the asking about whether she should continue Thank you from Maria Demopolis, countries (his profile might put him at risk) her application process. was set to come to UC Davis to do research 5. The spouse of an F–1 student (F–2 status) Chicago, Illinois. is currently stuck outside the US and unable Mr. RASKIN. Mr. Speaker, I yield to on responses to humanitarian abuses in his country. Because of the order, UC Davis was to be reunited with her family. the gentleman from California (Mr. not permitted to provide him with docu- 6. An Iranian F–1 PhD student, who started GARAMENDI). mentation necessary to obtain a visa. These in Fall 2016 quarter had invited his father to Mr. GARAMENDI. Mr. Speaker, I rise stories were gathered in the past 5 hours visit. This student has a sister with two chil- here to protest the deaths that are oc- WITHIN the City of Davis and the Univer- dren in the US and she and they are Amer- curring, protest the horrible situation sity. We are a small city of 65,000. ican citizens. The father/grandfather had a visa interview scheduled in Yerevan, Arme- that our President has put upon us. The fact that Iranians are the main na- tionality represented comes as no surprise. nia for February 8th so he could come on a I include in the RECORD a letter that tourist visa to visit the student son and I have received from the University of UC Davis and the City of Davis are home to many Iranians and have been for a genera- daughter and grandchildren. His visa inter- California at Davis, and the Mayor of tion at least. The fact that the Trump Ad- view has now been canceled. Attached are the City of Davis, California, who have ministration can point to NO attacks by Ira- the pictures of the two grandchildren he will so clearly laid out the impact that the nians on US soil or against US interests not be able to see. He has not been able to immigration ban and the ban on refu- makes their exclusion seem particularly ar- see his daughter for five years. 7. Scholar advisors at UC Davis are being gees has put upon the university and bitrary and cruel to us. asked by scholars of these countries if it is the community. safe to travel within the USA. The fact that MAYOR DAVIS’ LETTER TO GARAMENDI ON [From Ralph J. Hexter, Interim Chancellor, scholars must ask this shows the fear that MUSLIM BAN University of California Davis, and Robb exists. Davis, Mayor, city of Davis] (By Vanguard Administrator) 8. Departmental staff is questioning wheth- We have over 5000 international students REPRESENTATIVE GARAMENDI: Thanks for er to admit students or invite scholars from and scholars at UC Davis, many of whom are your interest in the challenges the City of these countries for summer and fall arrivals. actively questioning what future actions by Davis and UC Davis are facing in light of There is much confusion. this administration might mean for them. President Trump’s executive order restrict- 9. A high profile scholar from one of the This is an incredibly disorienting time for ing entry for citizens from 7, predominantly- countries (his profile might put him at risk) all our international guests. Muslim nations. UC Davis has 87 students or was set to come to UC Davis to do research Here are some specific cases that illustrate scholars from Iran, Iraq and Libya, with un- on responses to humanitarian abuses in his challenges that students and scholars all known numbers of Iranian faculty, family country. Because of the order, UC Davis was over the country are facing at this time. members and workers with permanent resi- not permitted to provide him with docu- These are specific to our community. (Note: dency living in our City. mentation necessary to obtain a visa. as you know, F–1 status is for students at In addition, the following shows the large These stories were gathered in the past 5 any degree level authorized to study in the numbers of students and scholars from other hours WITHIN the City of Davis and the Uni- US at accredited universities. J–1 can refer predominantly Muslim countries currently versity. We are a small city of 65,000. either to students or scholars in the US Vis- at UC Davis. While these countries are not The fact that Iranians are the main na- itor Exchange Program) covered by the current Executive Order, stu- tionality represented comes as no surprise. 1. A former J–1 scholar from Iran is in the dents and scholars from them are very con- UC Davis and the City of Davis are home to US arranging the move of his wife and son, cerned about their future status and ability many Iranians and have been for a genera- while awaiting green card processing. He was to travel home or receive visitors from tion at least. The fact that the Trump Ad- to have left the US for final interviews and home. ministration can point to NO attacks by Ira- processing but is now uncertain. He has an 1. Bangladesh: 14 students, 9 scholars nians on US soil or against US interests appointment in UC Davis’ Plant Sciences De- 2. Egypt: 14 students, 7 scholars makes their exclusion seem particularly ar- partment. 3. Indonesia: 147 students, 1 scholar bitrary and cruel to us. Finally, I wanted to share with you a joint 2. An Iranian PhD student who was to have 4. Malaysia: 49 students, 6 scholars statement from Interim Chancellor Ralph started at UC Davis this spring (he was ac- 5. Morocco: 4 students, 1 scholar Hexter and me to our campus and commu- cepted), recently obtained his visa, was to 6. Nigeria: 4 students, 2 scholars nity. Thanks for helping us get the word out arrive in March, 2017, to start classes April 4. 7. Pakistan: 18 students, 14 scholars on the challenges that we are facing in light His ability to start then is now in doubt. In 8. Turkey: 31 students, 9 scholars of the Executive Order. addition, his proposed roommate, who is al- Beyond these numbers we have over 5000 ready here from Iran, was counting on him students and scholars at UC Davis, many of A MESSAGE TO THE COMMUNITY ON THE to share expenses. This person now finds whom are actively questioning what future IMMIGRATION EXECUTIVE ORDER: himself in a difficult situation. actions by this administration might mean Our city and university host over 5,000 3. An Iranian F–2 (spouse of F–1) is con- for them. This is an incredibly disorienting international students, faculty members and cerned about her ability to change to F–1 time for all our international guests. scholars, as well as their families. Many of status to become a student. She has been ac- Here are some specific cases that illustrate them come from nations with majority Mus- cepted at UC Davis. challenges that students and scholars all lim populations. These are our neighbors, 4. An Iranian student applying for a Mas- over the country are facing at this time. friends and colleagues. They have faces and ter’s program in Engineering at UC Davis is These are specific to our community. (Note: stories we know well. They contribute in asking about whether she should continue as you know, F–1 status is for students at myriad ways to our community and our uni- her application process. any degree level authorized to study in the versity. They are part of us. We are deeply 5. The spouse of an F–1 student (F–2 status) US at accredited universities. J–1 can refer concerned by the impact of the recent execu- is currently stuck outside the US and unable either to students or scholars in the US Vis- tive order that restricts the ability of stu- to be reunited with her family. itor Exchange Program) dents, faculty, staff and other members of 6. An Iranian F–1 PhD student, who started 1. A former J–1 scholar from Iran is in the our community from certain countries to re- in Fall 2016 quarter had invited his father to US arranging the move of his wife and son, turn to the United States if they are cur- visit. This student has a sister with two chil- while awaiting green card processing. He was rently traveling or plan to travel abroad. dren in the US and she and they are Amer- to have left the US for final interviews and The threat of the order and the order itself ican citizens. The father/grandfather had a processing but is now uncertain. He has an are already having impacts on people in our visa interview scheduled in Yerevan, Arme- appointment in UC Davis’ Plant Sciences De- town and university, on their academic, pro- nia for February 8th so he could come on a partment. fessional and personal lives.

VerDate Sep 11 2014 05:48 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.083 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H929 We understand it is the federal govern- know the distinguished Congressman If it was his intention to try to block ment’s role to maintain the security of the KING is going to go, and then we have Muslims from coming into America, he nation’s borders. However, this executive or- a couple more people who were left would have started with Indonesia der’s impact on our friends and colleagues is over from the Progressive Caucus Spe- rather than Iraq and Syria and the inconsistent with the values of our commu- nity. It has created uncertainty and fear cial Order who will stay for 1-minutes war-torn countries. that hurts the University of California, after. So I will assert it is not a Muslim Davis, and the city of Davis. f ban, except that the words ‘‘Muslim We have long been deeply enriched by stu- ban’’ are in the talking points of the dents, faculty, scholars and health care pro- REQUEST TO ADDRESS THE HOUSE Democrats, and they will repeat it over fessionals from around the world—including FOR 1 MINUTE and over and over again, as if somehow the affected countries—coming to study, Mrs. LAWRENCE. Mr. Speaker, I ask they could amend the executive order teach, research and make our lives richer unanimous consent to address the to have the words ‘‘Muslim ban’’ in and better. Any effort to make these valu- House for 1 minute. able members of our community feel unwel- there so they can have their grievance come is antithetical to our mission of ex- The SPEAKER pro tempore. Is there to the executive order. panding learning and generating new knowl- objection to the request of the gentle- I saw this unfold on Friday, when the edge. Nothing, however, will cause us to re- woman from Michigan? President issued his executive order. It treat from the shared principles of commu- Mr. KING of Iowa. Mr. Speaker, I do was a big day, I admit. He has had a lot nity we have developed together, and to all now object because I have been waiting of executive orders, and they have been of our friends from here and abroad, you for a half hour. raining down pretty fast on this coun- have our commitment to welcome you. The SPEAKER pro tempore. Objec- try, and I am glad of that. Sincerely, tion is heard. We should objectively deal with the RALPH J. HEXTER, Interim Chancellor. f directive that is there. It is a tem- porary travel ban that focuses on the ROBB DAVIS, THE PRESIDENT’S EXECUTIVE seven countries that President Barack Mayor, city of Davis. ORDER IS NOT A MUSLIM BAN Mr. GARAMENDI. It is a terrible sit- Obama identified as the most dan- The SPEAKER pro tempore. Under uation, but I do want to—— gerous countries, I call them terrorist- the Speaker’s announced policy of Jan- The SPEAKER pro tempore (Mr. spawning countries. It is a prudent uary 3, 2017, the Chair recognizes the BANKS of Indiana). The time of the gen- thing on the part of the President to gentleman from Iowa (Mr. KING) for 30 tleman from Maryland has expired. temporarily suspend travel from those Mr. RASKIN. Could we allow the gen- minutes. countries. I would have added a few tleman to complete his statement just Mr. KING of Iowa. Mr. Speaker, I re- more countries in the suspension of the with 1 minute? gret I wasn’t able to work with all of travel to the United States. The SPEAKER pro tempore. The gen- the speakers here tonight they wanted It is his intention, and I think it is tleman may ask unanimous consent to to pack within that hour. I understand clearly stated within his executive address the House for 1 minute. that they have prepared themselves to order to evaluate the security cir- Mr. RASKIN. I ask unanimous con- give this speech tonight, and there will cumstances coming from each of these sent for just 1 minute to complete—— be opportunities in each succeeding countries and determine how we can The SPEAKER pro tempore. Does the day. I just wanted to recognize their have a better policy, especially to do gentleman from California ask unani- right to speak on this floor under the extreme vetting on the travel people mous consent to address the House for rules and be as lenient as I can, and that are coming from not only these 1 minute? also, of course, defending my own seven countries, but other countries Mr. KING of Iowa. Mr. Speaker, re- rights at the same time. that do send terrorists to us. And I serving my right to object, I would just But I would acknowledge that we did won’t start down that list, but we like to note that we knew where the have a discussion before the Judiciary know it is extensive. clock was going on this, but I made a Committee today, and I want this Con- I will say some of the countries that speech today in the Judiciary Com- gress to have the level of comity so are not on this list are Saudi Arabia, mittee, and I want to stand by my word that we can exchange ideas and bounce Pakistan, Afghanistan, and other coun- and acknowledge the gentleman and them off of each other. And I have long tries that would be listed as Arab coun- not object so the gentleman can com- believed that if I can’t sustain myself tries, but including Indonesia, which is plete his statement. in debate, I have got two choices. One the largest population of Muslims, but Mr. RASKIN. I thank the gentleman. of them is go back and do more re- the lowest concentration of terrorist That is very gracious of the Congress- search and build enough information production per Islamic society that I man. that I can to sustain myself; and the know of in the world. other is adopt the other fellow’s posi- f So I think this reflects the danger tion. I am not very inclined to do that, and the risk to Americans and a pru- HORRORS OF THE IMMIGRATION but I am inclined to listen to their po- dent approach to this. It is not only the BAN sitions. ban on travel that is not a Muslim ban, (Mr. GARAMENDI asked and was So, as I have listened to these posi- not a Muslim ban—if I had to say that given permission to address the House tions here for more than an hour here enough times to negate the times that for 1 minute.) on the floor, things come to me and I that has been asserted here on the Mr. GARAMENDI. I will just finish hear these words recurring over and floor, I suppose I could; but we are this up very quickly. I think we need over again. I didn’t get a full count on going to hear it in the news every day to look to where this problem ema- it, but I know I heard 7, 8, 10, or maybe because that seems to be what pays off nates. It emanates from the President’s even more, times saying that the Presi- politically. adviser, Mr. Bannon. He has been at dent’s executive order is a Muslim ban. The argument that it was a religious this for some time talking about the Now, looking through that executive test; this executive order is not a reli- nature of America being a White na- order—and I haven’t read it thoroughly gious test. It doesn’t reference religion. tionalist nation. So if we look beyond word by word, but those who were vet- In fact, when I have asked questions of the horror that this ban places, we ting that executive order, to use that the officials of the Obama administra- need to look to where it emanates, Mr. term, tell me the word ‘‘Muslim’’ is not tion, I have said to them: Why is it Bannon, clearly this comes from him, used in that executive order. I am that Christians don’t seem to be al- and we need to focus our attention on going to assert that is the case, that lowed into the United States as refu- what he has done to this Nation’s val- President Trump did not use the word gees under the Obama administration? ues. ‘‘Muslim’’ in his executive order, and We saw one group that was 1,500- I yield to the gentleman from Mary- that the executive order is not a Mus- some-strong that had one Christian in land. lim ban, but is a ban on travel from there. So I traveled to Geneva, Switzer- Mr. RASKIN. If the gentleman has a seven countries that are Muslim major- land, and sat down with the lead on few seconds left, I would just say I ity. UNHCR, the United Nations Council on

VerDate Sep 11 2014 05:48 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.036 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H930 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Refugees. And there, I believe her name that river of humanity that is flowing That is the statement, Mr. Speaker. is Kelly Clements, I asked: Do you de- into Europe and has been flowing into The constitution in Germany says they termine when you are vetting refugees, Europe for 2 years, nearly solid. As I have to accept refugees. We put that in what their religious is? walked in that river of humanity, I there post-World War II. Because they She says: Yes, we do. asked them a lot of questions and I was had created so many, we required that And she said they had 115,000 refugees able to communicate with them; some- they take them. In their law that they that they had run through their proc- times an interpreter, sometimes hand have written there is a baseline stand- ess that they had vetted. signals, sometimes a word here or ard of living. The other part was Nazi And of those 115,000, I said, how many there of English or something else. guilt. So Chancellor Merkel opened of them are Christians? Here is what I asked them: Where are that all up because of those roughly And she said: 15,000. you going? four reasons that I have given you, and So the rest of them, roughly the This was in Serbia. In my mind, as I 1.6 or so million poured into Germany. 100,000, she said almost all of them watched them board the trains in Ser- The last two New Year’s Eves have would be Muslim. bia—1,000 at a time and day and night, seen rape after rape after rape—many But they fill out a form. They attest I might add—I would say: Where are of them not even investigated—right to their religion. They are in the data- you going? there next to the dome of the Cologne base. We can identify Christians. They Germany. Cathedral. It is an annual event now: are the ones that are persecuted. They Do you have family there? New Year’s Eve in Cologne, migrant are the ones that are being targeted be- No. men come and rape German women cause of their religion. The Assyrian Do you have friends there? there. That is the last 2 years, and you Christians, the Chaldean Christians, No. hardly find that in the news unless you and then not Christians, but the Do you have a job there? know where to look. I do look, and I Yazidis, they are the three groups that No. talk to people over there. are targeted the most. We should es- What will you do? This is not a Muslim ban. This is not tablish an international safe zone for I don’t know. a religious test. You can read the exec- them in their neighborhood. How will you live? utive order and determine that. The When the word comes out that these Germany will take care of me. difference is my constituents will countries have accepted a list of refu- That is the answer that I got over check to see if I am telling them the gees, such as Lebanon or Jordan, there and over again. Eighty-one percent of truth. Others’ constituents apparently are also countries that haven’t accept- that human river were, let’s say, mili- don’t hold them accountable. It has no ed any significant number, like Saudi tary-age males. reference to whatever color people are, Arabia. They left their family? They leave whatever race they are, whatever eth- Why shouldn’t the neighbors accept their family in Syria and Iraq to go nicity, or whatever the national ori- refugees, Mr. Speaker? into Europe? What responsible father gin—I guess in a way because it says if They are the ones that have the most does that when he should be home de- you are coming from these nations. I security at stake. They are the ones fending his country and defending his will agree, we have Iraqis who have that are most invested in trying to es- family? helped us and saved American lives, tablish stability in that part of the They are not going because they are and we have Afghans who have helped world. war refugees, for the most part. That us and saved American lives. But, on Don’t we want people who have lived, wave is over. They are going primarily balance, this has been blown com- say, in the Nineveh Plains region since because they are economic refugees. pletely out of proportion. antiquity to be close to home so that They are economic refugees because we Here is another statement that was when security circumstances and eco- hang the carrot out in front of them made about the refugees. This is a nomic circumstances settle down, they and we say: Come to the United States. quote from the gentleman who spoke can come back to their homes where We will bring you over here and we will here, ‘‘an executive order banning Mus- they have lived since antiquity? make sure that we take care of all of lims.’’ Again, it is an executive order, Of course we do. your needs. You don’t have to worry and it bans travel from seven Muslim We see data from last year that says about anything. countries—primarily Muslim coun- $64,000 is about the typical cost of re- tries—but it bans Christians as well as b 1800 settling one refugee in the United Muslims coming from those countries. States; $64,000. But that same amount We are competing with countries like As for the Christians, I think we should of money will take care of a dozen peo- Germany, Austria, Sweden, and the have been allowed in because they are ple over in their neighborhood rather Netherlands because they offer a stand- the ones who were targeted. than one person here in America. ard of living. The law in Germany is By the way, Egypt is not on this list, Why shouldn’t we get a 12-to-1 return that there is a baseline standard of liv- but the Christians were targeted there. on the taxpayers’ investment and help ing that every human being receives, They blew up the church where the people in the region where they live so work or not. Coptic Pope presides. I visited him that they can go back to their home- Angela Merkel says: Come to Ger- there. They killed 50 or so Christians, land again and grow their families and many, and we will take care of you. and they have blown up churches all grow their population and their indus- I recall a 10-minute-and-49-second over the place. That is, by the way, try and re-establish their roots rather videotape of her in a townhall meeting Muslims attacking Christians, just for than let ISIS push the Christians out speaking to a blonde German lady who the record. of the Middle East and push the stood up and said: Why are you doing When the gentlewoman spoke here of versions of Islam out that they hate this? They are killing us. They are rap- the 3-year-old who washed up on the the most? ing us. They are taking German jobs. beach, that is the one that troubles me If we take people out of there and re- Why do you do this? a lot. I saw that image. I watched that settle them in large numbers, we are Chancellor Merkel’s answer was: We picture, and it went right into my giving them the region that they would cannot be ruled by fear, and your voice heart like it did most everybody else in like to have ethnically cleansed of the is a voice of fear. this country. That has been several people they disagree with. So we are So she just devalued or denigrated weeks ago that America was mobilized helping out their war effort by pulling the voice of the grief-stricken German by that little boy lying face down on people out of the way and bringing woman. the shores of the Mediterranean after them here. She said: We cannot stop them. We the boat had capsized and many of They need to stay close to home. Es- must take care of them. The violence them had drowned, including his fa- pecially the young men need to take up that they are perpetrating against Ger- ther. arms and defend their own country. mans is not going to be as great as that But it came out a couple of days ago I went over to the Middle East and I which we have perpetrated against oth- that that family had been living in walked in that river of epic migration, ers in our most recent history. Turkey for 3 years, and that the father

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.085 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H931 of that little boy’s sister had been seven countries because of security think there were almost as many sending money to them so that they reasons, he is specifically authorized to Christians admitted as Muslims. could slip into Europe because the fa- do so by the United States Code, by But here is my real question for you. ther needed a new set of teeth. They Federal Law. So he is operating within The 9/11 hijackers—which was the were motivated so the father could get the law; he is operating within the worst terrorist atrocity ever com- dental work perhaps most likely in Constitution; and he is operating with- mitted on our shores, thousands of Germany. It wasn’t because they were in the realms of prudence, at least on a Americans were killed, the country running from the war. They had sta- temporary basis. plunged into chaos—came from three bilized themselves in Turkey for 3 I am hopeful that the input that we countries: Saudi Arabia, Egypt, and years. They were going to Germany for have is an input that will help bring the United Arab Emirates. All three of the dental work of the father. That is a about the dialogue in this country. The those countries where Trump Indus- matter now of public record that has debate we have here on the floor hope- tries does business were exempted from been exposed by Kerry Picket who did fully causes people to think about this, the ban on the seven countries. Why? the research back on this and corrobo- go back and read the executive order, What is the policy justification for not rated by a number of other news out- look for the word Muslim or Muslim including that? lets as well. ban, look for any kind of religious test. None of the countries that are in- So it isn’t always what we see. It There is none. But I think we ought to cluded in the ban produced any of the isn’t always what it seems. The people know. terrorist attacks that we saw in Or- who speak into the megaphone in the I mentioned and didn’t go deeply lando, in San Bernardino County, or airports aren’t always telling us the enough into this that when the execu- any of the other ones. So how were truth. We find out sometimes it is any- tive branch of government, the USCIS those chosen and the source countries thing but the truth. in particular, and ICE included, when I for the 9/11 attack exempted? What is the truth is that there has asked them: When you have these ap- Mr. KING of Iowa. Reclaiming my been a tragic war in the Middle East, plicants for refugees that you say you time, in addressing both of those top- ics, the gentleman’s data that says and it continues. The civilian popu- are vetting, then do you know what re- that more Christians than Muslims lation has been decimated in Syria, and ligion they are? there are refugees going in all direc- They say: No. have been brought in as refugees, I tions. A lot of it is because we have Do we ask them? No. We don’t ask, have heard that as an Obama adminis- created and we have allowed for a but the information is there in the tration information that has come out. power vacuum—a power vacuum in database at UNHCR, at the United Na- That doesn’t match up with the data Syria. That brought Putin into that tions. They had vetted 15,000 Chris- that I have seen when I traveled to power vacuum, and he was able to as- tians, and one got through in a list of places like Geneva and looked at that or looked at the data that came out be- sert himself and, so far, at least, pro- 1,500. I think that was probably a mis- fore that release. The data up to that tect al-Assad. In doing so, we see the take. I think there was a religious test release indicated entirely the opposite operations of the invasion that has for refugees under Obama, and I think which I have identified. And the data come out of Baghdad and gone up to- it was a preference for Muslims, and it that came out in the last weeks of the wards Mosul and taken the east side of was discriminating against Christians. Obama administration asserted that the river in Mosul. The west side is I hope that we can have a stable pol- they had a significant number of Chris- still held by ISIS. icy that brings people relief, but I I think that is a shortsighted strat- tians who were part of that. think the prudent one is give them a I appreciate the gentleman’s point egy to have Shia militia, Iranian-sup- place to live in the Middle East, pro- that the executive order references re- ported Shia militia going in to take tect them, and create an international ligious minorities, and I appreciate Mosul when Mosul is populated by safe zone so that they can live in peace that it does, because I think they are Kurds in the suburbs and Sunni Mus- where they have lived since antiquity. the ones that are targeted. But the lims in the inner city. How are the Mr. Speaker, I have addressed the gentleman’s point about the origin of Shias going to govern a city that topic of what I heard as I sat on the the terrorists who attacked us on 9/11 doesn’t, in any substantial way, in- floor tonight. I really came to the floor is an accurate point, and the largest clude their population? So I am trou- here to speak in favor of Judge Neil number of them came from Saudi Ara- bled by shortsighted decisions that Gorsuch. bia. don’t seem to take into account the Mr. RASKIN. Will the gentleman I would just assert that because Don- tribal connections that we know have yield? ald Trump has done business in three been so much a part of the sectarian Mr. KING of Iowa. I yield to the gen- of those countries, I would be surprised strife that has been a part of Iraq, tleman from Maryland and welcome if he didn’t do business in a place like Syria, and also Iran in the Middle East. him to the United States Congress. Dubai where they have developed a I want people to be self-determining. Mr. RASKIN. I thank you for your wonderland out of the desert, and his I want people to be able to determine thoughtful comments tonight, and I business in each of those countries. their own government and rule their think you made some good points. I How many other countries has he done own countries. This is going to take a think you effectively made the point business in? I don’t think we can cor- prudent knowledge of those tribes, and that this is not, strictly speaking, a relate that. But what we can correlate it is going to take input from them. We Muslim ban. It is not a ban on all Mus- is that these seven countries are the need to build alliances in the Middle lims entering the country. In the pop- countries identified by the Obama ad- East with the moderate Muslim coun- ular vernacular, the public has taken ministration. tries that will join with us in bringing up basically what was the current So, maintaining my time, we can out stable governments that respect President’s language that he used dur- have conjecture on this back and forth. the autonomy of the populations that ing the campaign. So people are using But the facts are that it is the Obama live within the various regions. That is it for kind of a shorthand. administration that identified these the best solution that can come about, But I want to ask you about the ban. seven countries, and it is the Trump and it doesn’t put a lot of American It is not the case that there is no reli- administration that brought them for- boots on the ground. gious reference in the executive order ward with the travel ban on them. I be- So I hope we can step back, Mr. because it does say that the religious lieve it is a coincidence that these Speaker, and take a deep breath and minorities from those countries are other countries are places among many recognize it is not a Muslim ban, and it given preference, and that would be the countries that Donald Trump has done is not a religious test. But I want this Christians in those countries. business in. statement to go into the RECORD with One thing I think that does need to I know that I only have about 7 min- clarity, and that is that the President be corrected is thousands of Christians utes remaining to take up Judge of the United States not only has the were admitted from the Muslim world Gorsuch, but I would yield to the gen- constitutional authority to bring about under the Obama administration, and tleman briefly, simply out of the com- this suspension of travel from these there was no discrimination. In fact, I ity that we discussed earlier today.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.087 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H932 CONGRESSIONAL RECORD — HOUSE February 2, 2017 Mr. RASKIN. Again, that is very gra- His undergraduate school was Colum- from all of his competing peers. I be- cious of you, and I appreciate the spirit bia University, with honors, Phi Beta lieve that they believe he will do the with which you engage in this dia- Kappa; Harvard Law School, cum best and the clearest job of preserving, logue. I think it is something we really laude; a Truman Scholar, where he re- protecting, and defending our Constitu- do need to get to the bottom of. To my ceived his juris doctorate; then went to tion and read the letter of the Con- knowledge, Trump Industries is not Oxford as a Marshall Scholar and re- stitution and interpret it, as Judge doing business in the poor Muslim ceived another doctoral degree, a Ph.D. Scalia did, to mean what it says and to countries that were targeted like So- in philosophy. Then he became a clerk be understood to mean what it says and malia, Libya, and so on, but perhaps I for Justice White, and then, later on, was understood at the time of ratifica- can be corrected. for Justice Kennedy. tion of the body of the Constitution or In any event, the fact that he has If he is confirmed, it will be, we the various amendments, whichever done business in Saudi Arabia, in think, the first time that there has the case may be. That is the strongest Egypt, and United Arab Emirates—in been a clerk that became a Justice on and most profound. the wealthier Muslim countries—it the Supreme Court serving with the When I asked the question what is may be logical as a matter of business Justice whom he clerked for. So that is his level of respect for stare decisis, the practice, but I don’t think that can be- a unique component of Judge Gorsuch. people who know him and studied him come the basis for American foreign He is a man of the West. He has a say he has more respect for the text of policy. I think that is the reason why strong work ethic and common sense. the Constitution than the decisions this policy has created such outrage in He is an outdoorsman. He loves to fly- that have been made along the way. I America and around the world because fish, and he raises animals in his barn think that he will recognize those deci- it doesn’t seem to have any national at home. sions. security logic to it. It is not about ter- His background, he was not born with I asked that question, would he look rorism unless you can convince me a silver spoon in his mouth, but worked into them to determine if that ration- that those seven countries actually blue-collar jobs and worked his way up. ale has helped his rationale but always generated terrorism. We know that he accelerated his edu- anchor it back to the Constitution and Mr. KING of Iowa. Reclaiming my cation very well. the original understanding. This is sec- time, it is conjecture that any of the For his 10 years on the bench, he ondhand of the people that know him, Trump businesses had anything to do clerked for the judge on the D.C. Cir- but the best answer I can get from that with this decision. It is pure conjec- cuit, and then from there, clerking for is yes. ture. If the argument is that Donald the Supreme Court Justices, whom I The next one is the Chevron doctrine. Trump didn’t do business in Somalia, I mentioned, White and Kennedy. He has written about the Chevron doc- wouldn’t blame him one bit. If anybody He was then appointed by George W. trine. It is pretty clear that he thinks watched ‘‘Black Hawk Down’’ then Bush on May 10, 2006, after a decade in that the Chevron doctrine is unjustly they would know a good reason. It is private practice where he became a created by the courts and that you essentially a terrorist state in Soma- partner in a large law firm. They must shouldn’t give administrators of undue lia. have liked him there. They took him in legislative authority the benefit of the So I will thank the gentleman for his as an associate, and he became a part- doubt. comments, and I am going to turn then ner for a decade. So those things sound really good to to Judge Neil Gorsuch and see if I can Then in his heart was that he wanted me. I am looking forward to the con- make that point yet this evening, and to be a judge, and he wanted to protect firmation hearings. Hopefully, an expe- it is this: We had this vacancy in the the Constitution and the rule of law. ditious confirmation of Judge Gorsuch. Supreme Court. It is a vacancy that is After a year at the Department of Jus- I am very, very happy with the selec- brought about by the tragic death of tice, George W. Bush appointed him to tion that President Trump has made, Justice Antonin Scalia, a man whom the D.C. Circuit. There, he was con- and I really appreciate what I saw many of us have admired for a long firmed by the United States Senate, there that night as I watched Judge time and enjoyed his friendship, his without dissent, by a voice vote on Gorsuch. company, his sense of humor, his gre- July 20, 2006. He served for more than a In the middle of his speech, he turned gariousness, and also especially his dis- decade as a district court judge. His and looked at his wife, Marie Louise, senting opinions that were written for record is stellar. and there was that significant eye con- the law school students whom he al- When I asked questions about Judge tact that told me that they are a bond- ways understood would have to read Gorsuch, I learned a number of things. ed couple that are a team together. the dissent when they studied the One of them was that, of the 21 can- The friends of the family tell me she is cases. He wanted to write them in such didates that were listed by, first, Presi- more conservative than he is. a way that they would read them, dent-elect Trump and, now, President So I look forward to his confirma- hopefully enjoy them, and remember Trump—he would draw from that list tion. I think the President of the them. He has been a speaker before the and nominate, and then seek confirma- United States has made a terrific Conservative Opportunity Society tion and appoint from that list—each choice. Let’s get the judicial branch of which I have chaired for some time, candidate was asked the question as government up and running again, and he has done it a number of times. they were interviewed: Who would you along with the executive branch, and We really enjoyed his company. We had name for this position if it isn’t going let’s keep up pace here in the House. very engaging debates and discussions. to be you? We have got some work to do, too. There is a huge hole in the United A tough question. Mr. Speaker, I yield back the balance States Supreme Court created by the So, it is like saying, I would inter- of my time. loss of Justice Scalia. I am grateful pret that as: Who do I think is second f best? That is the only reason I would that we have taken serious time in fill- OPPOSITION TO MUSLIM BAN ing that hole and seeing a nominee be there is if I thought I was the best come forward that has the chance to choice. I would think that is what all (Ms. JAYAPAL asked and was given grow into the shoes of Justice Scalia. of them must have thought as they permission to address the House for 1 were interviewed. minute and to revise and extend her re- b 1815 There were 21 candidates. You take marks.) As I went to the White House a cou- one out of that number, because that is Ms. JAYAPAL. Mr. Speaker, I want ple of nights ago to be there to witness Judge Gorsuch himself. We don’t know to just conclude our earlier Special the ceremony of the nomination of how he answered this question. When Order where many of my colleagues Judge Neil Gorsuch, we were all briefed the other 20 were asked, if it is not to spoke out in strong opposition to the on a lot of things that had to do with be you, who shall it be, everyone said Muslim ban that was just signed by his bio. I am just quickly going to Judge Neil Gorsuch. President Trump. touch on some of the high points in There can’t be a stronger endorse- I would like to read a short para- Judge Gorsuch’s bio. ment than that. It shows a respect graph from the letter that we have now

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K02FE7.088 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H933 submitted to Secretary Kelly. It has United States, leaving families in turmoil. In addition, and among other things, we been signed by over 110 of my col- Technology companies, including industry would like to be briefed by you on the accu- leagues in the House. It requests that leaders like Microsoft, Google, and Apple, re- racy of President Trump’s assertion that the we have an immediate emergency port that the Executive Order could directly Executive Order can be justified because impact their employees and hinder their then-president Obama had ‘‘banned visas for meeting and briefing. I include in the ability to attract the best talent from refugees from Iraq for six months’’ in 2011. It RECORD the entire letter, and I will around the world. In addition, the policy re- is our understanding that in 2011 the Iraqi re- just read a short portion. flected in the Executive Order is counter- settlement program was subject to a simple ‘‘The Executive Order is both con- productive to our national security. We un- reduction for a short time while new secu- troversial and confusing. For example, derstand that scores of American diplomats rity measures were added, In stark contrast, the International Rescue Committee stationed across the globe are drafting a for- Mr. Trump’s Executive Order calls for a sus- called the Order ‘harmful and hasty’ mal ‘‘dissent memo’’ to register their objec- pension of all refugees, not just one cat- noting ‘America has the strongest, tions, stating that the order will ‘‘not egory, in addition to suspending the Syrian most successful resettlement program achieve its aim of making our country safer’’ program indefinitely. and will instead result in a ‘‘drop in inter- in the world.’ Over 4,000 academics, in- For decades both Democratic and Repub- national good will towards Americans and a lican Presidents have supported granting cluding 25 Nobel Laureates, have threat to our economy.’’ We need to develop signed a petition denouncing the Order, safe haven to families fleeing persecution, relationships with Muslim countries and oth- violence, terror, sexual slavery, and torture. writing ‘this measure is fatally disrup- ers seeking to combat terrorism. Unfortu- At a time of unprecedented forced migration tive to the lives of these immigrants, nately, the Order alienates many of the across the world, the need for American lead- their families, and the communities of groups we need to have working alongside ership in these areas has not subsided. which they form an integral part. It is us. Given the urgency, widespread confusion The Executive Order is both controversial inhumane, ineffective, and un-Amer- and dangerous impact of the Executive and confusing. For example, the Inter- Order, we would appreciate hearing from you ican.’ ’’ national Rescue Committee called the Order as quickly as possible so that we may ensure HOUSE OF REPRESENTATIVES, ‘‘harmful and hasty’’ noting ‘‘America has the briefing occurs by no later than Friday, Washington, DC, February 1, 2017. the strongest, most successful resettlement February 3. The lives and well-being of many Hon. JOHN F. KELLY, program in the world.’’ Over 4,000 academics, individuals, as well as our ability to partner Secretary of Homeland Security, Department of including 25 Nobel Laureates, have signed a with foreign governments to fight terrorism, Homeland Security, Washington, DC. petition denouncing the Order, writing depends on it. SECRETARY KELLY: We write to strongly ‘‘[t]his measure is fatally disruptive to the Sincerely, condemn the President’s executive order lives of these immigrants, their families, and JOHN CONYERS, Jr. issued January 27, 2017, titled ‘‘Protecting the communities of which they form an inte- Member of Congress. the Nation From Foreign Terrorist Entry gral part. It is inhumane, ineffective, and un- ZOE LOFGREN, into the United States,’’ and the ensuing ac- American.’’ The Order has resulted in wide- Member of Congress. tions taken by the U.S. Department of spread confusion, as hundreds of individuals PRAMILA JAYAPAL, Homeland Security (DHS) and its agencies, have been improperly detained at our air- Member of Congress. in particular Customs and Border Protection ports, at least four federal courts have issued (And an additional (CBP), to implement the order, and to re- stays concerning the Order, and protests 111 Members of quest an urgent briefing regarding the same. have broken out at airports and other venues Congress.) We hope you will urge the President to im- nationwide. At the time this letter was sent, mediately rescind the Executive Order, 16 State Attorneys General have condemned which has created profound chaos and fear the Executive Order. f among refugees and immigrants who have In the interest of exercising proper Con- been admitted to the United States, as well gressional oversight of DHS and CBP and of LEAVE OF ABSENCE as their families. As a nation of immigrants holding agencies accountable, we write to ur- that has been a refuge for people fleeing per- gently request an emergency briefing this By unanimous consent, leave of ab- secution from around the world, these ac- week with you and others at DHS and the sence was granted to: tions are contrary to who we are as a nation. Administration concerning the Executive We understand that you met yesterday at Order. Among other things, we would like to Mr. JONES (at the request of Mr. 4:30 PM with Chairs and Ranking Members of receive the following, either at or in advance MCCARTHY) for today on account of relevant Committees to discuss ‘‘recent ex- of the briefing: personal reasons. ecutive actions.’’ You should understand Any DHS guidance, directive, or policy re- Mr. HASTINGS (at the request of Ms. that such a time limited meeting with a sub- garding interpretation and implementation PELOSI) for today and February 3. set of Members and Senators in no way obvi- of the Executive Order, specifically is it per- ates the need for the briefing we are request- tains to current visa holders seeking entry ing for all Members. Such full Member brief- into the United States, visa applicants, law- f ings are a frequent occurrence on Capitol ful permanent residents, dual citizens, and Hill after important events such as the U.S. citizens, as well as clarification on the PUBLICATION OF COMMITTEE issuance of the January 27 Executive Order. status of the individuals from the seven des- RULES They allow all Members to benefit from the ignated countries in the Order who are ap- knowledge and experiences of the executive plying for or renewing immigration benefits. RULES OF THE COMMITTEE ON AGRICULTURE FOR branch so that we may be well informed in Details on individuals who have been pre- THE 115TH CONGRESS our legislative and oversight affairs and vented from entering the country, including HOUSE OF REPRESENTATIVES, serve our constituents best. The full Member the airport at which they arrived, location of COMMITTEE ON AGRICULTURE, briefing regarding the Executive Order is detention, number provided with interpreta- Washington, DC, February 2, 2017. particularly needed given the unsettling tion services, number who have been released Hon. PAUL RYAN, events of last evening—the abrupt firing of broken down by airport, number of individ- Speaker, House of Representatives, Acting Attorney General Sally Yates and the uals who were sent back broken down by na- Washington, DC. termination without explanation of Daniel tionality, and a breakdown of the immigra- DEAR MR. SPEAKER: I am pleased to submit Ragsdale as acting Director of Immigration tion status of those being detained and those for printing in the Congressional Record, and Customs Enforcement (ICE). The need to who were sent back. brief the full Democratic.Caucus is also nec- The manner in which DHS is complying pursuant to Rule XI, clause 2(a) of the Rules essary as we now understand that guidance with the various court-issued stays of re- of the House, a copy of the Rules of the Com- concerning the January 27 Executive Order moval, including the number of individuals mittee on Agriculture, which were adopted has been provided to Members of the Repub- who have been provided access to counsel. at the organizational meeting of the Com- lican Conference, but not the Democratic What, if, any accommodations are being mittee on February 1, 2017. Caucus. According to yesterday’s Wash- considered for interpreters and translators Appendix A of the Committee Rules will ington Post, ‘‘substantive guidance [con- from the seven designated nations who have include excerpts from the Rules of the House cerning the Executive Order was given] to worked with our military and intelligence, relevant to the operation of the Committee. congressional Republicans . . . late Satur- as well as notable academics coming to do Appendix B will include relevant excerpts day. . . . In a two-page memo that offered research in the U.S. from the Congressional Budget Act of 1974. some details on the policy . . .’’. The manner in which the exceptions to the In the interests of minimizing printing costs, The Executive Order harms our families, Executive Order’s application with respect to Appendices A and B are omitted from this economy, and national security. Over the ‘‘religious minorities’’ will be applied, par- submission. weekend, individuals—some of whom have ticularly given Mr. Trump’s series of state- Sincerely, been lawful permanent residents for dec- ments concerning his preference for Chris- K. MICHAEL CONAWAY, ades—were found stranded outside the tian refugees. Chairman.

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RULE I.—GENERAL PROVISIONS of the Committee. (See paragraph (f) of Com- with clause 4 of House Rule XI. When such (a) Applicability of House Rules.—(1) The mittee Rule XI for provisions that apply to audio and visual coverage is conducted in the Rules of the House shall govern the proce- meetings of subcommittees.) Committee or Subcommittee, written notice dure of the Committee and its subcommit- (b) Additional Meetings.—(1) The Chair- to that effect shall be provided to each Mem- tees, and the Rules of the Committee on Ag- man may call and convene, as he or she con- ber. The Chairman of the Committee or Sub- riculture so far as applicable shall be inter- siders necessary, which may not commence committee shall not limit the number of tel- preted in accordance with the Rules of the earlier than the third day on which Members evision or still cameras permitted in a hear- House, except that a motion to recess from have notice thereof after consultation with ing or meeting room to fewer than two rep- day to day, and a motion to dispense with the Ranking Minority Member of the Com- resentatives from each medium (except for the first reading (in full) of a bill or resolu- mittee or after concurrence with the Rank- legitimate space or safety considerations, in tion, if printed copies are available, are non- ing Minority Member, additional meetings of which case pool coverage shall be author- debatable privileged motions in the Com- the Committee for the consideration of any ized). mittee and its subcommittees. (See Appendix bill or resolution pending before the Com- (c) Closed Meetings—Attendees.—No per- A for the applicable Rules of the U.S. House mittee or for the conduct of other Com- son other than Members of the Committee or of Representatives.) mittee business. The Committee shall meet Subcommittee and such congressional staff (2) As provided in clause 1(a)(1) of House for such additional meetings pursuant to the and departmental representatives as the Rule XI, each Subcommittee is part of the notice from the Chairman. Committee or Subcommittee may authorize Committee and is subject to the authority (2) A hearing or meeting may begin sooner shall be present at any business or markup and direction of the Committee and its Rules than specified in clause (1) (in which case, session that has been closed to the public as so far as applicable. (See also Committee the chair shall make the announcement provided in clause 2(g)(1) of House Rule XI. Rules III, IV, V, VI, VII, VIII and XI, infra.) specified at the earliest possible time) if the (d) Addressing the Committee.—A Com- (b) Authority to Conduct Investigations.— Committee so determines by majority vote mittee Member may address the Committee The Committee and its subcommittees, after in the presence of the number of Members re- or a Subcommittee on any bill, motion, or consultation with the Chairman of the Com- quired under the Rules of the Committee for other matter under consideration (See Com- mittee, may conduct such investigations and the transaction of business. mittee Rule VIII (e) relating to questioning a witness at a hearing). The time a Member studies as they may consider necessary or (3) At least 24 hours prior to the com- may address the Committee or Sub- appropriate in the exercise of their respon- mencement of a meeting for the markup of a committee for any such purpose shall be lim- sibilities under Rule X of the Rules of the measure or matter the Chair shall cause the ited to 5 minutes, except that this time limit House and in accordance with clause 2(m) of text of such measure or matter to be made may be waived by unanimous consent. A House Rule XI. publicly available in electronic form. Member shall also be limited in his or her re- (c) Authority to Print.—The Committee is (c) Special Meetings.—If at least three marks to the subject matter under consider- authorized by the Rules of the House to have Members of the Committee desire that a spe- ation, unless the Member receives unani- printed and bound testimony and other data cial meeting of the Committee be called by mous consent to extend his or her remarks presented at hearings held by the Committee the Chairman, those Members may file in the beyond such subject. and its subcommittees. All costs of steno- offices of the Committee their written re- quest to the Chairman for such special meet- (e) Meetings to Begin Promptly.—Subject graphic services and transcripts in connec- to the presence of a quorum, each meeting or ing. Such request shall specify the measure tion with any meeting or hearing of the hearing of the Committee and its sub- or matters to be considered. Immediately Committee and its subcommittees shall be committees shall begin promptly at the time upon the filing of the request, the Majority paid from applicable accounts of the House so stipulated in the public announcement of Staff Director (serving as the clerk of the described in clause 1(k)(1) of House Rule X in the meeting or hearing. accordance with clause 1(c) of House Rule XI. Committee for such purpose) shall notify the (f) Prohibition on Proxy Voting.—No vote (See also paragraphs (d), (e) and (f) of Com- Chairman of the filing of the request. If, by any Member of the Committee or Sub- mittee Rule IX.) within 3 calendar days after the filing of the committee with respect to any measure or (d) Vice Chairman.—The Member of the request, the Chairman does not call the re- matter may be cast by proxy. majority party on the Committee or Sub- quested special meeting to be held within 7 (g) Location of Persons at Meetings.—No committee designated by the Chairman of calendar days after the filing of the request, person other than the Committee or Sub- the full Committee shall be the vice chair- a majority of the Members of the Committee committee Members and Committee or Sub- man of the Committee or Subcommittee in may file in the offices of the Committee committee staff may be seated in the ros- accordance with clause 2(d) of House Rule their written notice that a special meeting trum area during a meeting of the Com- XI. of the Committee will be held, specifying the mittee or Subcommittee unless by unani- (e) Presiding Member.—If the Chairman of date and hour thereof, and the measures or mous consent of Committee or Sub- the Committee or Subcommittee is not matter to be considered at that special meet- committee. present at any Committee or Subcommittee ing in accordance with clause 2(c)(2) of House (h) Consideration of Amendments and Mo- meeting or hearing, the vice chairman shall Rule XI. The Committee shall meet on that tions.—A Member, upon request, shall be rec- preside. If the Chairman and vice chairman date and hour. Immediately upon the filing ognized by the Chairman to address the Com- of the Committee or Subcommittee are not of the notice, the Majority Staff Director mittee or Subcommittee at a meeting for a present at a Committee or Subcommittee (serving as the clerk) of the Committee shall period limited to 5 minutes on behalf of an meeting or hearing the ranking Member of notify all Members of the Committee that amendment or motion offered by the Mem- the majority party who is present shall pre- such meeting will be held and inform them of ber or another Member, or upon any other side in accordance with clause 2(d) of House its date and hour and the measure or matter matter under consideration, unless the Mem- Rule XI. to be considered, and only the measure or ber receives unanimous consent to extend (f) Publication of Rules.—The Committee’s matter specified in that notice may be con- the time limit. Every amendment or motion Rules shall be publicly available in elec- sidered at that special meeting. made in Committee or Subcommittee shall, tronic form and published in the Congres- RULE III.—OPEN MEETINGS AND HEARINGS; upon the demand of any Member present, be sional Record not later than 30 days after the BROADCASTING reduced to writing, and a copy thereof shall be made available to all Members present. Chair is elected in each odd-numbered year (a) Open Meetings and Hearings.—Each Such amendment or motion shall not be as provided in clause 2(a) of House Rule XI. meeting for the transaction of business, in- (g) Joint Committee Reports of Investiga- pending before the Committee or Sub- cluding the markup of legislation, and each tion or Study.—A report of an investigation committee or voted on until the require- hearing by the Committee or a Sub- or study conducted jointly by more than one ments of this paragraph have been met. committee shall be open to the public unless committee may be filed jointly, provided (i) Demanding Record Vote.— closed in accordance with clause 2(g) of that each of the committees complies inde- (1) A record vote of the Committee or Sub- House Rule XI. pendently with all requirements for approval committee on a question or action shall be (b) Broadcasting and Photography.—When- and filing of the report. ordered on a demand by one-fifth of the ever a Committee or Subcommittee meeting Members present. RULE II.—COMMITTEE BUSINESS MEETINGS— for the transaction of business, including the (2) The Chairman of the Committee or Sub- REGULAR, ADDITIONAL AND SPECIAL markup of legislation, or a hearing is open to committee may postpone further pro- (a) Regular Meetings.—Regular meetings the public, that meeting or hearing shall: ceedings when a record vote is ordered on the of the Committee, in accordance with clause (1) To the maximum extent practicable the question of approving a measure or matter 2(b) of House Rule XI, shall be held on the Committee shall provide audio and video or on adopting an amendment. If the Chair- first Wednesday of every month to transact coverage of each hearing or meeting for the man postpones further proceedings: its business if notice is given pursuant to transaction of business in a manner that al- (A) the Chairman may resume such post- clause 2(g)(3) of House Rule XI. The Chair- lows the public to easily listen to and view poned proceedings, after giving Members man shall provide each Member of the Com- the proceedings and shall maintain the re- adequate notice, at a time chosen in con- mittee, as far in advance of the day of the cordings of such coverage in a manner that sultation with the Ranking Minority Mem- regular meeting as practicable, a written is easily accessible to the public. ber; and agenda of such meeting. Items may be placed (2) Be open to coverage by television, (B) notwithstanding any intervening order on the agenda by the Chairman or a majority radio, and still photography in accordance for the previous question, the underlying

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.049 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H935 proposition on which proceedings were post- (b) Access to and Correction of Records.— poena may be authorized and issued by a ma- poned shall remain subject to further debate Any public witness, or person authorized by jority of the Committee or by the Chairman or amendment to the same extent as when such witness, during Committee office hours in consultation with the Ranking Minority the question was postponed. in the Committee offices and within 10 cal- Member. Such consultation shall occur at (j) Submission of Motions or Amendments endar days of the close of hearings, may ob- least 48 hours in advance of a subpoena being In Advance of Business Meetings.—The Com- tain a transcript copy of that public issued under such authority. Authorized sub- mittee and Subcommittee Chairman may re- witness’s testimony and make such tech- poenas shall be signed by the Chairman of quest and Committee and Subcommittee nical, grammatical, and typographical cor- the Committee or by any Member designated Members should, insofar as practicable, co- rections as authorized by the person making by the Committee. operate in providing copies of proposed the remarks involved as will not alter the (b) Oaths.—The Chairman of the Com- amendments or motions to the Chairman nature of testimony given. There shall be mittee, or any member of the Committee and the Ranking Minority Member of the prompt return of such corrected copy of the designated by the Chairman, may administer Committee or the Subcommittee twenty- transcript to the Committee. Members of the oaths to any witnesses. four hours before a Committee or Sub- Committee or Subcommittee shall receive RULE VIII.—HEARING PROCEDURES. committee business meeting. copies of transcripts for their prompt review (a) Power to Hear.—For the purpose of car- (k) Points of Order.—No point of order and correction and prompt return to the rying out any of its functions and duties against the hearing or meeting procedures of Committee. The Committee or Sub- the Committee or Subcommittee shall be en- committee may order the printing of a hear- under House Rules X and XI, the Committee tertained unless it is made in a timely fash- ing record without the corrections of any and its subcommittees are authorized to sit ion. Member or witness if it determines that such and hold hearings at any time or place with- (l) Limitation on Committee Sittings.— Member or witness has been afforded a rea- in the United States whether the House is in The Committee or subcommittees may not sonable time in which to make such correc- session, has recessed, or has adjourned. (See sit during a joint session of the House and tions and further delay would seriously im- Committee Rule VI and paragraph (f) of Senate or during a recess when a joint meet- pede the consideration of the legislative ac- Committee Rule XI for provisions relating to ing of the House and Senate is in progress. tion that is subject of the hearing. The Subcommittee hearings and meetings.) (m) Prohibition of Wireless Telephones.— record of a hearing shall be closed 10 cal- (b) Announcement.—The Chairman of the Use of wireless phones during a Committee endar days after the last oral testimony, un- Committee shall, after consultation with the or Subcommittee hearing or meeting is pro- less the Committee or Subcommittee deter- Ranking Minority Member of the Com- hibited. mines otherwise. Any person requesting to mittee, make a public announcement of the date, place, and subject matter of any Com- RULE IV.—QUORUMS. file a statement for the record of a hearing mittee hearing at least 1 week before the (a) Working Quorum.—One-third of the must so request before the hearing concludes commencement of the hearing. The Chair- Members of the Committee or Subcommittee and must file the statement before the man of a Subcommittee shall schedule a shall constitute a quorum for taking any ac- record is closed, unless the Committee or hearing only after consultation with the tion, other than as noted in paragraphs (b) Subcommittee determines otherwise. The Chairman of the Committee and the Ranking and (c). Committee or Subcommittee may reject any (b) Majority Quorum.—A majority of the statement in light of its length or its tend- Minority Member of the Subcommittee. Members of the Committee or Subcommittee ency to defame, degrade, or incriminate any After such consultation, the Chairman of the shall constitute a quorum for: person. Subcommittee shall consult the Chairmen of (1) the reporting of a bill, resolution, or (c) Property of the House.—All Committee the other subcommittees and shall request other measure (See clause 2(h)(1) of House and Subcommittee records (including hear- the Majority Staff Director to make a public Rule XI, and Committee Rule IX); ings data, charts, and files) shall be kept sep- announcement of the date, place, and subject (2) the closing of a meeting or hearing to arate and distinct from the congressional of- matter of such hearing at least 1 week before the public pursuant to clauses 2(g), 2(k)(5), fice records of the Members serving as Chair- the hearing. If the Chairman of the Com- and 2(k)(7) of House Rule XI; man. Such records shall be the property of mittee or the Subcommittee, with concur- (3) the authorizing of a subpoena as pro- the House, and all Members of the House rence of the Ranking Minority Member of vided in clause 2(m)(3) of House Rule XI (See shall have access thereto. The Majority Staff the Committee or Subcommittee, determines also Committee Rule VII); and Director shall promptly notify the Chairman there is good cause to begin the hearing (4) as where required by a Rule of the and the Ranking Minority Member of any re- sooner, or if the Committee or Sub- House. quest for access to such records. committee so determines by majority vote, a (c) Quorum for Taking Testimony.—Two (d) Availability of Archived Records.—The quorum being present for the transaction of Members of the Committee or Subcommittee records of the Committee at the National Ar- business, the Chairman of the Committee or shall constitute a quorum for the purpose of chives and Records Administration shall be Subcommittee, as appropriate, shall request taking testimony and receiving evidence. made available for public use in accordance the Majority Staff Director to make such RULE V.—RECORDS. with House Rule VII. The Chairman shall no- public announcement at the earliest possible (a) Maintenance of Records.—The Com- tify the Ranking Minority Member of the date. The clerk of the Committee shall mittee shall keep a complete record of all Committee of the need for a Committee promptly notify the Daily Digest Clerk of Committee and Subcommittee action which order pursuant to clause 3(b)(3) or clause 4(b) the Congressional Record and shall promptly shall include: of such House Rule, to withhold a record oth- enter the appropriate information into the (1) in the case of any meeting or hearing erwise available. Committee scheduling service of the House (e) Special Rules for Certain Records and transcripts, a substantially verbatim ac- Information Systems as soon as possible Proceedings.—A stenographic record of a count of remarks actually made during the after such public announcement is made. business meeting of the Committee or Sub- proceedings, subject only to technical, gram- (c) Scheduling of Witnesses.—Except as committee may be kept, and thereafter may matical, and typographical corrections au- otherwise provided in this rule, the sched- be published, if the Chairman of the Com- thorized by the person making the remarks uling of witnesses and determination of the mittee, after consultation with the Ranking involved, and time allowed for the presentation of testi- (2) written minutes, which shall include a Minority Member, determines there is need mony at hearings shall be at the discretion record of all Committee and Subcommittee for such a record. The proceedings of the of the Chairman of the Committee or Sub- Committee or Subcommittee in a closed action, a record of all votes on any question, committee, unless a majority of the Com- meeting, evidence or testimony in such and a tally on all record votes. mittee or Subcommittee determines other- The result of each such record vote shall be meeting, shall not be divulged unless other- wise. made available by the Committee for inspec- wise determined by a majority of the Com- (d) Written Statement; Oral Testimony.— tion by the public at reasonable times in the mittee or Subcommittee. (1) Each witness who is to appear before the (f) Electronic Availability of Committee offices of the Committee and by telephone Committee or a Subcommittee, shall insofar Publications.—To the maximum extent fea- request and also made publicly available in as practicable file with the Majority Staff sible, the Committee shall make its publica- electronic form within 48 hours of such Director of the Committee, at least 2 work- tions available in electronic form. record vote. Not later than 24 hours after ing days before the day of his or her appear- adoption of an amendment to a measure or RULE VI.—POWER TO SIT AND ACT. ance, a written statement of proposed testi- matter, the chair of the Committee shall For the purpose of carrying out any of its mony. Witnesses shall provide sufficient cop- cause the text of such amendment adopted function and duties under House Rules X and ies of their statement for distribution to thereto to be made publicly available in elec- XI, the Committee and each of its sub- Committee or Subcommittee Members, staff, tronic form. Information so available for committees is authorized to sit and act at and the news media. Insofar as practicable, public inspection shall include a description such times and places within the United the Committee or Subcommittee staff shall of the amendment, motion, order, or other States whether the House is in session, has distribute such written statements to all proposition; the name of each Member voting recessed, or has adjourned and to hold such Members of the Committee or Subcommittee for and each Member voting against such hearings. as soon as they are received, as well as any amendment, motion, order, or other propo- RULE VII.—SUBPOENAS AND OATHS. official reports from departments and agen- sition; and the names of those Members (a) Issuance of Subpoenas.—In accordance cies on such subject matter. All witnesses present but not voting. with clause 2(m) of House Rule XI, a sub- may be limited in their oral presentations to

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.051 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H936 CONGRESSIONAL RECORD — HOUSE February 2, 2017 brief summaries of their statements within shall be open to the public, including radio, shall take or cause to be taken all necessary the time allotted to them at the discretion television, and still photography coverage, steps to bring such bill, resolution, or other of the Chairman of the Committee or Sub- except as provided in clause 4 of House Rule measure to a vote. No bill, resolution, or committee, in light of the nature of the tes- XI (See also paragraph (b) of Committee measure shall be reported from the Com- timony and the length of time available. Rule III.). In any event, no Member of the mittee unless a majority of the Committee is (2) As noted in paragraph (b) of Committee House may be excluded from actually present. A Committee report on any Rule VII, the Chairman of the Committee, or nonparticipatory attendance at any hearing bill, resolution, or other measure approved any Member designated by the Chairman, unless the House by majority vote shall au- by the Committee shall be filed within 7 cal- may administer an oath to any witness. thorize the Committee or Subcommittee, for endar days (not counting days on which the (3) To the greatest extent practicable, each purposes of a particular series of hearings on House is not in session) after the day on witness appearing in a non-governmental ca- a particular bill or resolution or on a par- which there has been filed with the Majority pacity shall include with the written state- ticular subject of investigation, to close its Staff Director of the Committee a written ment of proposed testimony: hearings to Members by means of the above request, signed by a majority of the Com- (i) a curriculum vitae; procedure. mittee, for the reporting of that bill or reso- (ii) disclosure of the amount and source (by (j) Hearings and Reports.—(1)(i) The Chair- lution. The Majority Staff Director of the agency and program) of any Federal grant man of the Committee or Subcommittee at a Committee shall notify the Chairman imme- (or subgrant thereof) or contract (or sub- hearing shall announce in an opening state- diately when such a request is filed. contract thereof) received during the current ment the subject of the investigation. A copy (b) Content of Reports.—Each Committee calendar year or either of the 2 preceding of the Committee Rules (and the applicable report on any bill or resolution approved by calendar years by the witness or by an entity provisions of clause 2 of House Rule XI, re- the Committee shall include as separately represented by the witness; and garding hearing procedures, an excerpt of identified sections: (iii) disclosure of the amount and country (1) a statement of the intent or purpose of of origin of any payment or contract related which appears in Appendix A thereto) shall be made available to each witness upon re- the bill or resolution; to the subject matter of the hearing origi- (2) a statement describing the need for nating with a foreign government received quest. Witnesses at hearings may be accom- panied by their own counsel for the purpose such bill or resolution; during the current calendar year or either of (3) a statement of Committee and Sub- of advising them concerning their constitu- the 2 preceding calendar years by the witness committee consideration of the measure, in- tional rights. The Chairman of the Com- or by an entity represented by the witness. cluding a summary of amendments and mo- mittee or Subcommittee may punish Such statements, with appropriate tions offered and the actions taken thereon; redactions to protect the privacy of wit- breaches of order and decorum, and of profes- (4) the results of each record vote on any nesses, shall be made publicly available in sional ethics on the part of counsel, by cen- amendment in the Committee and Sub- electronic form not later than 1 day after the sure and exclusion from the hearings; but committee and on the motion to report the witness appears. only the full Committee may cite the of- measure or matter, including the total num- (e) Questioning of Witnesses.—Committee fender to the House for contempt. ber of votes cast for and against, and the or Subcommittee Members may question (ii) Whenever it is asserted by a Member of names of Members voting for and against witnesses only when they have been recog- the Committee that the evidence or testi- such amendment or motion (See clause 3(b) nized by the Chairman of the Committee or mony at a hearing may tend to defame, de- of House Rule XIII); Subcommittee for that purpose. Each Mem- grade, or incriminate any person, or it is as- (5) the oversight findings and recommenda- ber so recognized shall be limited to ques- serted by a witness that the evidence or tes- tions of the Committee with respect to the tioning a witness for 5 minutes until such timony that the witness would give at a subject matter of the bill or resolution, as time as each Member of the Committee or hearing may tend to defame, degrade, or in- required pursuant to clause 3(c)(1) of House Subcommittee who so desires has had an op- criminate the witness, such testimony or Rule XIII and clause 2(b)(1) of House Rule X; portunity to question the witness for 5 min- evidence shall be presented in executive ses- (6) the detailed statement described in utes; and thereafter the Chairman of the sion, notwithstanding the provisions of para- House Rule XIII clause 3(c)(2) and section Committee or Subcommittee may limit the graph (i) of this rule, if by a majority of 308(a) of the Congressional Budget Act of 1974 time of a further round of questioning after those present, there being in attendance the if the bill or resolution provides new budget giving due consideration to the importance requisite number required under the Rules of authority (other than continuing appropria- of the subject matter and the length of time the Committee to be present for the purpose tions), new spending authority described in available. All questions put to witnesses of taking testimony, the Committee or Sub- section 401(c)(2) of such Act, new credit au- shall be germane to the measure or matter committee determines that such evidence or thority, or an increase or decrease in reve- under consideration. Unless a majority of testimony may tend to defame, degrade, or nues or tax expenditures, except that the es- the Committee or Subcommittee determines incriminate any person. The Committee or timates with respect to new budget author- otherwise, no Committee or Subcommittee Subcommittee shall afford a person an op- ity shall include, when practicable, a com- staff shall interrogate witnesses. portunity voluntarily to appear as a witness; parison of the total estimated funding level (f) Extended Questioning for Designated and the Committee or Subcommittee shall for the relevant program (or programs) to Members.—Notwithstanding paragraph (e), receive and shall dispose of requests from the appropriate levels under current law; the Chairman and Ranking Minority Member such person to subpoena additional wit- (7) the estimate of costs and comparison of may designate an equal number of Members nesses. such estimates, if any, prepared by the Di- from each party to question a witness for a (iii) No evidence or testimony taken in ex- rector of the Congressional Budget Office in period not longer than 60 minutes. ecutive session may be released or used in connection with such bill or resolution pur- (g) Witnesses for the Minority.—When any public sessions without the consent of the suant to section 402 of the Congressional hearing is conducted by the Committee or Committee or Subcommittee. In the discre- Budget Act of 1974 if submitted in timely any Subcommittee upon any measure or tion of the Committee or Subcommittee, fashion to the Committee; matter, the minority party Members on the witnesses may submit brief and pertinent (8) a statement of general performance Committee or Subcommittee shall be enti- statements in writing for inclusion in the goals and objectives, including outcome-re- tled, upon request to the Chairman by a ma- record. The Committee or Subcommittee is lated goals and objectives, for which the jority of those minority Members before the the sole judge of the pertinence of testimony measure authorizes funding; (9) an estimate by the Committee of the completion of such hearing, to call witnesses and evidence adduced at its hearings. A wit- costs that would be incurred in carrying out selected by the minority to testify with re- ness may obtain a transcribed copy of his or the bill or joint resolution in the fiscal year spect to that measure or matter during at her testimony given at a public session. If in which it is reported and in each of the five least 1 day of hearing thereon as provided in given at an executive session, a transcribed fiscal years following that fiscal year (or for clause 2(j)(1) of House Rule XI. copy of testimony may be obtained when au- (h) Summary of Subject Matter.—Upon an- the authorized duration of any program au- thorized by the Committee or Sub- nouncement of a hearing, to the extent prac- thorized by the bill or joint resolution if less committee. (See paragraph (c) of Committee ticable, the Committee shall make available than five years) (see clause 3(d)(1) of House Rule V.) immediately to all Members of the Com- Rule XIII), together with—(i) a comparison (2) A proposed investigative or oversight mittee a concise summary of the subject of these estimates with those made and sub- report shall be considered as read if it has matter (including legislative reports and mitted to the Committee by any Govern- been available to the Members of the Com- other material) under consideration. In addi- ment agency when practicable and (ii) a mittee for at least 24 hours (excluding Satur- tion, upon announcement of a hearing and comparison of the total estimated funding days, Sundays, or legal holidays except when subsequently as they are received, the Chair- level for the relevant program (or programs) the House is in session on such day) in ad- man of the Committee or Subcommittee with appropriate levels under current law vance of their consideration. shall, to the extent practicable, make avail- (The provisions of this clause do not apply if able to the Members of the Committee any RULE IX—THE REPORTING OF BILLS a cost estimate and comparison prepared by official reports from departments and agen- AND RESOLUTIONS the Director of the Congressional Budget Of- cies on such matter. (See paragraph(f) of (a) Filing of Reports.—The Chairman shall fice under section 402 of the Congressional Committee Rule XI.) report or cause to be reported promptly to Budget Act of 1974 has been timely sub- (i) Open Hearings.—Each hearing con- the House any bill, resolution, or other mitted prior to the filing of the report and ducted by the Committee or Subcommittee measure approved by the Committee and included in the report);

VerDate Sep 11 2014 05:48 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.053 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H937 (10) a list of congressional earmarks, lim- ity, additional, or dissenting views has been (E) recommendations for changes to exist- ited tax benefits, and limited tariff benefits made as provided by paragraph (c); or ing law for moving such programs or agen- in the bill or in the report (and the name of (2) the filing by the Committee of any sup- cies from mandatory funding to discre- any Member, Delegate, or Resident Commis- plemental report on any bill or resolution tionary appropriations, where appropriate. sioner who submitted a request to the Com- that may be required for the correction of (3) Each such plan may include, with re- mittee for each respective item included in any technical error in a previous report spect to the programs and agencies within such list) or a statement that the propo- made by the Committee on that bill or reso- the Committee’s jurisdiction,— sition contains no congressional earmarks, lution. (A) recommendations for the consolidation limited tax benefits, or limited tariff bene- (f) Availability of Printed Hearing or termination of such programs or agencies fits; Records.—If hearings have been held on any that are duplicative, unnecessary, or incon- (11) the changes in existing law (if any) reported bill or resolution, the Committee sistent with the appropriate roles and re- shown in accordance with clause 3 of House shall make every reasonable effort to have sponsibilities of the Federal Government; (B) recommendations for changes to exist- Rule XIII; the record of such hearings printed and ing law related to Federal rules, regulations, (12) the determination required pursuant available for distribution to the Members of statutes, and court decisions affecting such to section 5(b) of P.L. 92–463, if the legisla- the House prior to the consideration of such programs and agencies that are inconsistent tion reported establishes or authorizes the bill or resolution by the House. Each printed with the authorities of the Congress under establishment of an advisory committee; hearing of the Committee or any of its sub- Article I of the Constitution; and (13) the information on Federal and inter- committees shall include a record of the at- (C) a description of such other oversight governmental mandates required by section tendance of the Members. activities as the Committee may consider 423(c) and (d) of the Congressional Budget (g) Committee Prints.—All Committee or necessary. Act of 1974, as added by the Unfunded Man- Subcommittee prints or other Committee or (4) In the development of such plan, the dates Reform Act of 1995 (P.L. 104–4); Subcommittee documents, other than re- Chairman of the Committee shall coordinate (14) a statement regarding the applica- ports or prints of bills, that are prepared for with other committees of jurisdiction to en- bility of section 102(b)(3) of the Congres- public distribution shall be approved by the sure that programs and agencies are subject sional Accountability Act (P.L. 104–1); Chairman of the Committee or the Com- to routine, comprehensive authorization ef- (15) a statement indicating whether any mittee prior to public distribution. forts. provision of the measure establishes or reau- (h) Post Adjournment Filing of Committee The Committee and its appropriate sub- thorizes a program of the Federal Govern- Reports.—(1) After an adjournment of the committees shall review and study, on a con- ment known to be duplicative of another last regular session of a Congress sine die, an tinuing basis, the impact or probable impact Federal program. The Statement shall at a investigative or oversight report approved by of tax policies affecting subjects within its minimum explain whether— the Committee may be filed with the Clerk jurisdiction as provided in clause 2(c) of (A) any such program was included in any at any time, provided that if a Member gives House Rule X. The Committee shall include report from the Government Accountability notice at the time of approval of intention to in the report filed pursuant to clause 1(d) of Office to Congress pursuant to section 21 of file supplemental, minority, additional, or House Rule XI separate sections summa- P.L. 111–139; or dissenting views, that Member shall be enti- rizing the legislative and oversight activities (B) the most recent catalog of Federal Do- tled to not less than 7 calendar days in which of the Committee under House Rule X and mestic Assistance, published pursuant to the to submit such views for inclusion with the House Rule XI, a summary of the authoriza- Federal Program Information Act (P.L. 95– report. tion and oversight plan submitted by the 220, as amended by P.L. 98–169), identified (2) After an adjournment of the last reg- Committee under clause 2(d) of House Rule other programs related to the program es- ular session of a Congress sine die, the Chair- X, a summary of actions taken and rec- tablished or reauthorized by the measure; man of the Committee may file at any time ommendations made with respect to the and with the Clerk the Committee’s activity re- oversight and authorization plan, and a sum- (16) a statement estimating the number of port for that Congress pursuant to clause mary of any additional oversight activities directed rule makings required by the meas- 1(d)(1) of House Rule XI without the approval undertaken by the Committee and any rec- ommendations made or actions taken there- ure. of the Committee, provided that a copy of (c) Supplemental, Minority, Additional, or on. the report has been available to each Mem- (b) Annual Appropriations.—The Com- Dissenting Views.—If, at the time of ap- ber of the Committee for at least 7 calendar proval of any measure or matter by the Com- mittee shall, in its consideration of all bills days and the report includes any supple- and joint resolutions of a public character mittee, any Member of the Committee gives mental, minority, additional, or dissenting notice of intention to file supplemental, mi- within its jurisdiction, ensure that appro- views submitted by a Member of the Com- priations for continuing programs and ac- nority, additional, or dissenting views, all mittee. Members shall be entitled to not less than 2 tivities of the Federal government and the (i) Conference.—The Chairman is directed District of Columbia government will be subsequent calendar days (excluding Satur- to offer a motion under clause 1 of House days, Sundays, and legal holidays except made annually to the maximum extent fea- Rule XXII whenever the Chairman considers sible and consistent with the nature, require- when the House is in session on such date) in it appropriate. which to file such writing and signed views ments, and objectives of the programs and RULE X OTHER COMMITTEE ACTIVITIES activities involved. The Committee shall re- with the Majority Staff Director of the Com- .— view, from time to time, each continuing mittee. When time guaranteed by this para- (a) Authorization and Oversight Plan.—(1) program within its jurisdiction for which ap- graph has expired (or, if sooner, when all sep- Not later than February 15 of the first ses- propriations are not made annually in order arate views have been received), the Com- sion of a Congress, the Chairman shall con- vene the Committee in a meeting that is to ascertain whether such program could be mittee may arrange to file its report with modified so that appropriations therefor the Clerk of the House not later than 1 hour open to the public to adopt its authorization and oversight plan for that Congress. Such would be made annually. after the expiration of such time. All such (c) Budget Act Compliance: Views and Es- plan shall be submitted simultaneously to views (in accordance with clause 2(l) of timates (See Appendix B).—Not later than 6 the Committee on Oversight and Govern- House Rule XI and clause 3(a)(1) of House weeks after the President submits his budget Rule XIII), as filed by one or more Members ment Reform, to the Committee on House under section 1105(a) of Title 31, United of the Committee, shall be included within Administration, and the Committee on Ap- States Code, or at such time as the Com- and made a part of the report filed by the propriations. mittee on the Budget may request, the Com- Committee with respect to that bill or reso- (2) Each such plan shall include, with re- mittee shall, submit to the Committee on lution. spect to programs and agencies within the the Budget (1) its views and estimates with (d) Printing of Reports.—The report of the committee’s jurisdiction, and to the max- respect to all matters to be set forth in the Committee on the measure or matter noted imum extent practicable— concurrent resolution on the budget for the in paragraph (a) above shall be printed in a (A) a list of such programs or agencies ensuing fiscal year (under section 301 of the single volume, which shall: with lapsed authorizations that received Congressional Budget Act of 1974) that are (1) include all supplemental, minority, ad- funding in the prior fiscal year or, in the within its jurisdiction or functions; and (2) ditional, or dissenting views that have been case of a program or agency with a perma- an estimate of the total amounts of new submitted by the time of the filing of the re- nent authorization, which has not been sub- budget authority, and budget outlays result- port; and ject to a comprehensive review by the Com- ing therefrom, to be provided or authorized (2) bear on its cover a recital that any such mittee in the prior three Congresses; in all bills and resolutions within its juris- supplemental, minority, additional, or dis- (B) a description of each such program or diction that it intends to be effective during senting views (and any material submitted agency to be authorized in the current Con- that fiscal year. under clause 3(a)(1) of House Rule XII) are gress; (d) Budget Act Compliance: Recommended included as part of the report. (C) a description of each such program or Changes.—Whenever the Committee is di- (e) Immediate Printing; Supplemental Re- agency to be authorized in the next Con- rected in a concurrent resolution on the ports.—Nothing in this rule shall preclude— gress, if applicable; budget to determine and recommend changes (1) the immediate filing or printing of a (D) a description of any oversight to sup- in laws, bills, or resolutions under the rec- Committee report unless timely request for port the authorization of each such program onciliation process, it shall promptly make the opportunity to file supplemental, minor- or agency in the current Congress; and such determination and recommendations

VerDate Sep 11 2014 05:48 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.055 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H938 CONGRESSIONAL RECORD — HOUSE February 2, 2017 and report a reconciliation bill or resolution the actions taken and recommendations olutions, and other matters referred to the (or both) to the House or submit such rec- made with respect to each such plan, and a Committee relating to foreign agriculture, ommendations to the Committee on the summary of any additional oversight activi- foreign food or commodity assistance, and Budget, in accordance with the Congres- ties undertaken by the Committee, and any foreign trade and marketing issues will be sional Budget Act of 1974. recommendations made or actions taken considered by the Committee. (e) Conference Committees.—Whenever in with respect thereto. (2) The Chairman, by a majority vote of the legislative process it becomes necessary RULE XI.—SUBCOMMITTEES the Committee, may discharge a Sub- to appoint conferees, the Chairman shall, (a) Number and Composition.—There shall committee from further consideration of any after consultation with the Ranking Minor- be such subcommittees as specified in para- bill, resolution, or other matter referred to ity Member, determine the number of con- graph (c) of this rule. Each of such sub- the Subcommittee and have such bill, resolu- ferees the Chairman deems most suitable and committees shall be composed of the number tion, or other matter considered by the Com- then recommend to the Speaker as con- of Members set forth in paragraph (c) of this mittee. The Committee having referred a ferees, in keeping with the number to be ap- rule, including ex officio Members.1 The bill, resolution, or other matter to a Sub- pointed by the Speaker as provided in clause Chairman may create additional subcommit- committee in accordance with this rule may 11 of House Rule I, the names of those Mem- tees of an ad hoc nature as the Chairman de- discharge such Subcommittee from further bers of the Committee of not less than a ma- termines to be appropriate, subject to any consideration thereof at any time by a vote jority who generally supported the House po- limitations provided for in the House Rules. of the majority Members of the Committee sition and who were primarily responsible (b) Ratios.—On each Subcommittee, there for the Committee’s direct consideration or for the legislation. The Chairman shall, to shall be a ratio of majority party Members for reference to another Subcommittee. the fullest extent feasible, include those to minority party Members which shall be (3) Unless the Committee, a quorum being Members of the Committee who were the consistent with the ratio on the full Com- present, decides otherwise by a majority principal proponents of the major provisions mittee. In calculating the ratio of majority vote, the Chairman may refer bills, resolu- of the bill as it passed the House and such party Members to minority party Members, tions, legislation, or other matters not spe- other Committee Members of the majority there shall be included the ex officio Mem- cifically within the jurisdiction of a Sub- party as the Chairman may designate in con- bers of the subcommittees and ratios below committee, or that is within the jurisdiction sultation with the Members of the majority reflect that fact. of more than one Subcommittee, jointly or party. Such recommendations shall provide a (c) Jurisdiction.—Each Subcommittee exclusively as the Chairman deems appro- ratio of majority party Members to minority shall have the following general jurisdiction priate, including concurrently to the sub- party Members no less favorable to the ma- and number of Members: committees with jurisdiction, sequentially jority party than the ratio of majority party General Farm Commodities and Risk Man- to the subcommittees with jurisdiction (sub- Members to minority party Members on the agement (23 members, 13 majority and 10 mi- ject to any time limits deemed appropriate), Committee. In making recommendations of nority)—Policies, statutes, and markets re- divided by subject matter among the sub- Minority Party Members as conferees, the lating to commodities including barley, cot- committees with jurisdiction, or to an ad Chairman shall consult with the Ranking ton, cottonseed, corn, grain sorghum, honey, hoc subcommittee appointed by the Chair- Minority Member of the Committee. mohair, oats, other oilseeds, peanuts, pulse man for the purpose of considering the mat- (f) Hearing on Waste, Fraud, and Abuse.— crops, rice, soybeans, sugar, wheat, and wool; ter and reporting to the Committee thereon, (1) The Committee, or a Subcommittee, shall the Commodity Credit Corporation; risk or make such other provisions deemed appro- hold at least one hearing during each 120–day management policies and statutes, including priate. period following the establishment of the Federal Crop Insurance; producer data and (e) Participation and Service of Committee Committee on the topic of waste, fraud, privacy issues. Members on Subcommittees.—(1) The Chair- abuse, or mismanagement in Government Commodity Exchanges, Energy, and Credit man and the Ranking Minority Member shall programs which the Committee may author- (16 members, 9 majority and 7 minority)— serve as ex officio Members of all sub- ize. Policies, statutes, and markets relating to committees and shall have the right to vote (2) A hearing described in subparagraph (1) commodity exchanges; agricultural credit; on all matters before the subcommittees. shall include a focus on the most egregious rural development; energy; rural electrifica- The Chairman and the Ranking Minority instances of waste, fraud, abuse, or mis- tion. Member may not be counted for the purpose management as documented by any report Conservation and Forestry (16 members, 9 of establishing a quorum. the Committee has received from a Federal majority and 7 minority)—Policies and stat- (2) Any Member of the Committee who is Office of the Inspector General or the Comp- utes relating to resource conservation, for- not a Member of the Subcommittee may troller General of the United States. estry, and all forests under the jurisdiction have the privilege of sitting and (g) Hearing on Agency Financial State- of the Committee on Agriculture. nonparticipatory attendance at Sub- ments.—The Committee or a Subcommittee, Nutrition (23 members, 13 majority and 10 committee hearings or meetings in accord- shall hold at least one hearing in any session minority)—Policies and statutes relating to ance with clause 2(g)(2) of House Rule XI. in which the Committee has received dis- nutrition, including the Supplemental Nutri- Such Member may not: claimers of agency financial statements tion Assistance Program and domestic com- (i) vote on any matter; from auditors of any Federal agency that the modity distribution and consumer initia- (ii) be counted for the purpose of estab- Committee may authorize to hear testimony tives. lishing a quorum; on such disclaimers from representatives of Biotechnology, Horticulture, and Research (iii) participate in questioning a witness any such agency. (16 members, 9 majority and 7 minority)— under the 5-Minute Rule, unless permitted to (h) Hearing on GAO High-Risk-List.—The Policies, statutes, and markets relating to do so by the Subcommittee Chairman in con- Committee or a Subcommittee, shall hold at horticulture, including fruits, vegetables, sultation with the Ranking Minority Mem- least one hearing on issues raised by reports nuts, and ornamentals; bees; and organic ag- ber or a majority of the Subcommittee, a issued by the Comptroller General of the riculture; policies and statutes relating to quorum being present; United States indicating that Federal pro- marketing and promotion orders; pest and (iv) raise points of order; or grams or operations that the Committee disease management; bioterrorism; adultera- (v) offer amendments or motions. may authorize are at high risk for waste, tion and quarantine matters; research, edu- (f) Subcommittee Hearings and Meetings.— fraud, and mismanagement, known as the cation, and extension; and biotechnology. (1) Each Subcommittee is authorized to ‘high-risk-list’ or the ‘high-risk series’. Livestock and Foreign Agriculture (16 meet, hold hearings, receive evidence, and (i) Activities Report.—(1) Not later than members, 9 majority and 7 minority)—Poli- make recommendations to the Committee on January 2 of each odd-numbered year, the cies, statutes, and markets relating to all all matters referred to it or under its juris- Committee shall submit to the House a re- livestock, poultry, dairy, and seafood, in- diction after consultation by the Sub- port on the activities of the Committee. cluding all products thereof; the inspection, committee Chairman with the Committee After adjournment sine die of the last reg- marketing, and promotion of such commod- Chairman. (See Committee Rule VIII.) ular session of a Congress, or after December ities and products; aquaculture; animal wel- (2) After consultation with the Committee 15 of an even-numbered year, whichever oc- fare; grazing; foreign agricultural assistance Chairman, Subcommittee Chairmen shall set curs first, the Chair may file the report, a and trade promotion. dates for hearings and meetings of their sub- copy of which shall be made available to (d) Referral of Legislation.— committees and shall request the Majority each Member of the Committee for at least 7 (1)(a) In General.—All bills, resolutions, Staff Director to make any announcement calendar days, with the Clerk of the House at and other matters referred to the Committee relating thereto. (See paragraph (b) of Com- any time. shall be referred to all subcommittees of ap- mittee Rule VIII.) In setting the dates, the (2) Such report shall include separate sec- propriate jurisdiction within 2 weeks after Committee Chairman and Subcommittee tions summarizing the legislative and over- being referred to the Committee. After con- Chairman shall consult with other Sub- sight activities of the Committee during sultation with the Ranking Minority Mem- committee Chairmen and relevant Com- that Congress. ber, the Chairman may determine that the mittee and Subcommittee Ranking Minority (3) The oversight section of such report Committee will consider certain bills, reso- Members in an effort to avoid simulta- shall include a summary of the oversight lutions, or other matters. neously scheduling Committee and Sub- plans submitted by the Committee pursuant (b) Trade Matters.—Unless action is other- committee meetings or hearings to the ex- to clause 2(d) of House Rule X, a summary of wise taken under subparagraph (3), bills, res- tent practicable.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.057 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H939 (3) Notice of all Subcommittee meetings the general supervision and direction of the nished, and any funds expended for any other shall be provided to the Chairman and the Ranking Minority Member of the Committee official purpose, and shall summarize in Ranking Minority Member of the Committee who may delegate such authority as he or these categories the total foreign currencies by the Majority Staff Director. she determines appropriate. and appropriated funds expended. All such (4) Subcommittees may hold meetings or (3) From the funds made available for the individual reports shall be filed by the Chair- hearings outside of the House if the Chair- appointment of Committee staff pursuant to man with the Committee on House Adminis- man of the Committee and other Sub- any primary or additional expense resolu- tration and shall be open to public inspec- committee Chairmen and the Ranking Mi- tion, the Chairman shall ensure that each tion. nority Member of the Subcommittee is con- Subcommittee is adequately funded and RULE XIII.—AMENDMENT OF RULES sulted in advance to ensure that there is no staffed to discharge its responsibilities and These Rules may be amended by a major- scheduling problem. However, the majority that the minority party is fairly treated in ity vote of the Committee. A proposed of the Committee may authorize such meet- the appointment of such staff (See clause change in these Rules shall not be considered ing or hearing. 6(d) of House Rule X). by the Committee as provided in clause 2 of (5) The provisions regarding notice and the (c) Committee Travel.—(1) Consistent with House Rule XI, unless written notice of the agenda of Committee meetings under para- the primary expense resolution and such ad- proposed change has been provided to each graph (a) of Committee Rule II and special or ditional expense resolution as may have been Committee Member 2 legislative days in ad- additional meetings under paragraph (b) of approved, the provisions of this rule shall vance of the date on which the matter is to Committee Rule II shall apply to Sub- govern official travel of Committee Members be considered. Any such change in the Rules committee meetings. and Committee staff regarding domestic and of the Committee shall be published in the (6) If a vacancy occurs in a Subcommittee foreign travel (See clause 8 of House Rule X). Congressional Record within 30 calendar chairmanship, the Chairman may set the Official travel for any Member or any Com- days after its approval. dates for hearings and meetings of the Sub- mittee staff member shall be paid only upon committee during the period of vacancy. The the prior authorization of the Chairman. Of- ENDNOTE Chairman may also appoint an acting Sub- ficial travel may be authorized by the Chair- 1 The Chairman and Ranking Minority committee Chairman until the vacancy is man for any Committee Member and any Member of the Committee serve as ex officio filled. Committee staff member in connection with Members of the Subcommittees. (See para- (g) Subcommittee Action.—(1) Any bill, the attendance of hearings conducted by the graph (e) of this Rule). resolution, recommendation, or other matter Committee and its subcommittees and meet- f forwarded to the Committee by a Sub- ings, conferences, facility inspections, and committee shall be promptly forwarded by investigations which involve activities or PUBLICATION OF COMMITTEE the Subcommittee Chairman or any Sub- subject matter relevant to the general juris- RULES committee Member authorized to do so by diction of the Committee. Before such au- RULES OF THE COMMITTEE ON VETERANS’ the Subcommittee. thorization is given there shall be submitted AFFAIRS FOR THE 115TH CONGRESS (2) Upon receipt of such recommendation, to the Chairman in writing the following: the Majority Staff Director of the Com- (i) The purpose of the official travel; HOUSE OF REPRESENTATIVES, mittee shall promptly advise all Members of (ii) The dates during which the official COMMITTEE ON VETERANS’ AFFAIRS, the Committee of the Subcommittee action. travel is to be made and the date or dates of Washington, DC, February 2, 2017. (3) The Committee shall not consider any the event for which the official travel is Hon. PAUL D. RYAN, matters recommended by subcommittees being made; Speaker of the House, until 2 calendar days have elapsed from the (iii) The location of the event for which the Washington, DC. date of action, unless the Chairman or a ma- official travel is to be made; and DEAR MR. SPEAKER: I respectfully submit jority of the Committee determines other- (iv) The names of Members and Committee for publication, the attached copy of the wise. staff seeking authorization. rules of the U.S. House of Representatives, (h) Subcommittee Investigations.—No in- (2) In the case of official travel of Members Committee on Veterans’ Affairs for the 115th vestigation shall be initiated by a Sub- and staff of a Subcommittee to hearings, Congress which were approved via voice vote committee without prior consultation with meetings, conferences, facility inspections, by the Full Committee on January 31, 2017. the Chairman of the Committee or a major- and investigations involving activities or Sincerely, ity of the Committee. subject matter under the jurisdiction of such DAVID P. ROE, M.D., Subcommittee to be paid for out of funds al- Chairman. RULE XII.—COMMITTEE BUDGET, STAFF, AND located to the Committee, prior authoriza- TRAVEL JURISDICTION OF THE HOUSE COMMITTEE ON tion must be obtained from the Sub- VETERANS’ AFFAIRS (a) Committee Budget.—The Chairman, in committee Chairman and the full Committee Rule X of the Rules of the House of Rep- consultation with the majority Members of Chairman. Such prior authorization shall be resentatives establishes the standing com- the Committee and the minority Members of given by the Chairman only upon the rep- mittees of the House and their jurisdiction. the Committee, shall prepare a preliminary resentation by the applicable Subcommittee Under that rule, all bills, resolutions, and budget for each session of the Congress. Such Chairman in writing setting forth those other matters relating to the subjects within budget shall include necessary amounts for items enumerated in clause (1). the jurisdiction of any standing committee staff personnel, travel, investigation, and (3) Within 60 days of the conclusion of any shall be referred to such committee. Clause other expenses of the Committee and sub- official travel authorized under this rule, 1(s) of Rule X establishes the jurisdiction of committees. After consultation with the there shall be submitted to the Committee the Committee on Veterans’ Affairs as fol- Ranking Minority Member, the Chairman Chairman a written report covering the in- lows: shall include an amount budgeted to minor- formation gained as a result of the hearing, (1) Veterans’ measures generally. ity Members for staff under their direction meeting, conference, facility inspection, or (2) Cemeteries of the United States in and supervision. Thereafter, the Chairman investigation attended pursuant to such offi- which veterans of any war or conflict are or shall combine such proposals into a consoli- cial travel. dated Committee budget and shall take (4) Local currencies owned by the United may be buried, whether in the United States whatever action is necessary to have such States shall be made available to the Com- or abroad (except cemeteries administered budget duly authorized by the House. mittee and its employees engaged in car- by the Secretary of the Interior). (3) Compensation, vocational rehabilita- (b) Committee Staff.—(1) The Chairman rying out their official duties outside the tion, and education of veterans shall appoint and determine the remunera- United States, its territories or possessions. (4) Life insurance issued by the Govern- tion of, and may remove, the professional No appropriated funds shall be expended for ment on account of service in the Armed and clerical employees of the Committee not the purpose of defraying expenses of Mem- Forces. assigned to the minority. The professional bers of the Committee or its employees in (5) Pensions of all the wars of the United and clerical staff of the Committee not as- any country where local currencies are avail- States, general and special. signed to the minority shall be under the able for this purpose, and the following con- (6) Readjustment of servicemembers to general supervision and direction of the ditions shall apply with respect to their use civil life. Chairman, who shall establish and assign the of such currencies; (7) Servicemembers’ civil relief. duties and responsibilities of such staff (i) No Member or employee of the Com- (8) Veterans’ hospitals, medical care, and members and delegate such authority as he mittee shall receive or expend local cur- treatment of veterans. or she determines appropriate. (See clause 9 rencies for subsistence in any country at a of House Rule X) rate in excess of the maximum per diem rate RULE 1—GENERAL PROVISIONS (2) The Ranking Minority Member of the set forth in applicable Federal law; and (a) APPLICABILITY OF HOUSE RULES.—The Committee shall appoint and determine the (ii) Each Member or employee of the Com- Rules of the House are the rules of the Com- remuneration of, and may remove, the pro- mittee shall make an itemized report to the mittee on Veterans’ Affairs and its sub- fessional and clerical staff assigned to the Chairman within 60 days following the com- committees so far as applicable, except that minority within the budget approved for pletion of travel showing the dates each a motion to recess from day to day, and a such purposes. The professional and clerical country was visited, the amount of per diem motion to dispense with the first reading (in staff assigned to the minority shall be under furnished, the cost of transportation fur- full) of a bill or resolution, if printed copies

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are available, are non-debatable privileged (d) MEDIA COVERAGE.—Any meeting of the tronic format prescribed by the Chairman. motions in Committees and subcommittees. Committee or its subcommittees that is open Each witness shall limit any oral presen- (b) SUBCOMMITTEES.—Each subcommittee to the public shall be open to coverage by tation to a summary of the written state- of the Committee is a part of the Committee radio, television, and still photography in ac- ment. and is subject to the authority and direction cordance with the provisions of clause 4(f) of (2) Pursuant to clause 2(g)(5) of Rule XI of of the Committee and to its rules so far as House rule XI as follows: the Rules of the House: applicable. (1) If audio or visual coverage of the hear- (A) In the case of a witness appearing in a (c) INCORPORATION OF HOUSE RULE ON COM- ing or meeting is to be presented to the pub- non-governmental capacity, a written state- MITTEE PROCEDURE.—Rule XI of the Rules of lic as live coverage, that coverage shall be ment of proposed testimony shall include a the House, which pertains entirely to Com- conducted and presented without commer- curriculum vitae and a disclosure of any mittee procedure, is incorporated and made cial sponsorship. Federal grants or contracts, or contracts or part of the rules of the Committee to the ex- (2) The allocation among the television payments originating with a foreign govern- tent applicable. Pursuant to clause 2(a)(3) of media of the positions or the number of tele- ment, received during the current calendar Rule XI of the Rules of the House, the Chair- vision cameras permitted by a committee or year or either of the two previous calendar man of the full Committee is directed to subcommittee chair in a hearing or meeting years by the witness and related to the sub- offer a motion under clause 1 of Rule XXII of room shall be in accordance with fair and eq- ject matter of the hearing. the Rules of the House whenever the Chair- uitable procedures devised by the Executive (B) The disclosure required by this Rule man considers it appropriate. Committee of the Radio and Television Cor- shall include the amount and source of each (d) VICE CHAIRMAN.—Pursuant to clause respondents’ Galleries. Federal grant (or subgrant thereof) or con- 2(d) of Rule XI of the Rules of the House, the (3) Television cameras shall be placed so as tract (or subcontract thereof) related to the Chairman of the full Committee shall des- not to obstruct in any way the space between subject matter of the hearing and the ignate the Vice Chairman of the Committee. a witness giving evidence or testimony and amount and country of origin of any pay- RULE 2—REGULAR AND ADDITIONAL MEETINGS any Member of the Committee or the visi- ment or contract related to the subject mat- ter of the hearing originating with a foreign (a) REGULAR MEETINGS.—The regular meet- bility of that witness and that Member to ing day for the Committee shall be at 10 a.m. each other. government. (4) Television cameras shall operate from (f) CALLING AND QUESTIONING WITNESSES on the second Wednesday of each month in (1) Committee and subcommittee members such place as the Chairman may designate. fixed positions but may not be placed in posi- tions that obstruct unnecessarily the cov- may question witnesses only when they have However, the Chairman may dispense with a been recognized by the Chairman of the Com- regular Wednesday meeting of the Com- erage of the hearing or meeting by the other media. mittee or subcommittee for that purpose, mittee. and only for a 5-minute period until all mem- (b) ADDITIONAL MEETINGS.—The Chairman (5) Equipment necessary for coverage by bers present have had an opportunity to of the Committee may call and convene, as the television and radio media may not be question a witness. The 5-minute period for he considers necessary, additional meetings installed in, or removed from, the hearing or questioning a witness by any one member of the Committee for the consideration of meeting room while the committee is in ses- may be extended only with the unanimous any bill or resolution pending before the sion. consent of all members present. The ques- Committee or for the conduct of other Com- (6)(A) Except as provided in subdivision tioning of witnesses in both Committee and mittee business. The Committee shall meet (B), floodlights, spotlights, strobe lights, and subcommittee hearings shall be initiated by for such purpose pursuant to the call of the flashguns may not be used in providing any the Chairman, followed by the ranking mi- Chairman. method of coverage of the hearing or meet- nority party member and all other members (c) NOTICE.—The Chairman shall notify ing. alternating between the majority and minor- each Member of the Committee of the agen- (B) The television media may install addi- ity. Except as otherwise announced by the da of each regular and additional meeting of tional lighting in a hearing or meeting room, Chairman at the beginning of a hearing, the Committee at least 24 hours before the without cost to the Government, in order to members who are present at the start of the time of the meeting, except under cir- raise the ambient lighting level in a hearing hearing will be recognized before other mem- cumstances the Chairman determines to be or meeting room to the lowest level nec- bers who arrive after the hearing has begun. of an emergency nature. Under such cir- essary to provide adequate television cov- In recognizing members to question wit- cumstances, the Chairman shall make an ef- erage of a hearing or meeting at the current nesses in this fashion, the Chairman shall fort to consult the Ranking Minority Mem- state of the art of television coverage. take into consideration the ratio of the ma- ber, or in such Member’s absence, the next (7) If requests are made by more of the jority to minority members present and ranking minority party member of the Com- media than will be permitted by a com- shall establish the order of recognition for mittee. mittee or subcommittee chair for coverage of a hearing or meeting by still photography, questioning in such a manner as not to dis- RULE 3—MEETINGS AND HEARINGS GENERALLY that coverage shall be permitted on the basis advantage the members of the majority. (a) OPEN MEETINGS AND HEARINGS.—Meet- of a fair and equitable pool arrangement de- (2) Notwithstanding the provisions of para- ings and hearings of the Committee and each vised by the Standing Committee of Press graph (1) regarding the 5-minute rule, the of its subcommittees shall be open to the Photographers. Chairman after consultation with the Rank- public unless closed in accordance with (8) Photographers may not position them- ing Minority Member may designate an clause 2(g) of Rule XI of the Rules of the selves between the witness table and the equal number of members of the Committee House. Members of the Committee at any time dur- or subcommittee majority and minority (b) ANNOUNCEMENT OF HEARING.—The ing the course of a hearing or meeting. party to question a witness for a period not Chairman, in the case of a hearing to be con- (9) Photographers may not place them- longer than 30 minutes, In no event shall the ducted by the Committee, and the sub- selves in positions that obstruct unneces- Chairman allow a member to question a wit- committee Chairman, in the case of a hear- sarily the coverage of the hearing by the ness for an extended period under this rule ing to be conducted by a subcommittee, shall other media. until all members present have had the op- make public announcement of the date, (10) Personnel providing coverage by the portunity to ask questions under the 5- place, and subject matter of any hearing to television and radio media shall be currently minute rule. The Chairman after consulta- be conducted on any measure or matter at accredited to the Radio and Television Cor- tion with the Ranking Minority Member least one week before the commencement of respondents’ Galleries. may permit Committee staff for its majority that hearing unless the Committee or the (11) Personnel providing coverage by still and minority party members to question a subcommittee determines that there is good photography shall be currently accredited to witness for equal specified periods of time. cause to begin the hearing at an earlier date, the Press Photographers’ Gallery. (3) Non-Committee Members may be in- in accordance with Rule XI, clause 2(g)(3)(B) (12) Personnel providing coverage by the vited to sit at the dais for and participate in of the Rules of the House of Representatives. television and radio media and by still pho- Committee hearings with the unanimous In the latter event, the Chairman or the sub- tography shall conduct themselves and their consent of all Members present. Further, committee Chairman, as the case may be, coverage activities in an orderly and unob- non-Committee Members may be recognized shall consult with the Ranking Minority trusive manner. for questioning of witnesses but only after Member and make such public announce- (e) REQUIREMENTS FOR TESTIMONY all Committee Members have first been rec- ment at the earliest possible date. The clerk (1) Each witness who is to appear before ognized. of the Committee shall promptly notify the the Committee or a subcommittee shall file (4) When a hearing is conducted by the Daily Clerk of the Congressional Record and with the clerk of the Committee, at least 48 Committee or a subcommittee on any meas- the Committee scheduling service of the hours (exclusive of weekends and holidays) ure or matter, the minority party members House Information Resources as soon as pos- in advance of his or her appearance, or at on the Committee shall be entitled, upon re- sible after such public announcement is such other time as designated by the Chair- quest to the Chairman of a majority of those made. man after consultation with the Ranking minority members before the completion of (c) WIRELESS TELEPHONE USE PROHIBITED.— Member, a written statement of his or her the hearing, to call witnesses selected by the No person may use a wireless telephone dur- proposed testimony. Each witness shall, to minority to testify with respect to that ing a Committee or subcommittee meeting the greatest extent practicable, also provide measure or matter during at least one day of or hearing. a copy of such written testimony in an elec- the hearing thereon.

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(g) SUBPOENAS.—Pursuant to clause 2(m) of sonable notice. When proceedings resume on Chairman of the Committee and other sub- Rule XI of the Rules of the House, subpoenas a postponed question, notwithstanding any committee chairmen with a view toward may be authorized and issued by the Com- intervening order for the previous question, avoiding simultaneous scheduling of Com- mittee or a subcommittee in the conduct of an underlying proposition shall remain sub- mittee and subcommittee meetings or hear- any investigation or series of investigations ject to further debate or amendment to the ings whenever possible. or activities, only when authorized by a ma- same extent as when the question was post- (2) Whenever a subcommittee has ordered a jority of the members voting, a majority poned. bill, resolution, or other matter to be re- ported to the Committee, the Chairman of being present. RULE 5—SUBCOMMITTEES (h) NOTICE REQUIREMENTS the subcommittee reporting the bill, resolu- (a) ESTABLISHMENT AND JURISDICTION. (1) The text of all bills or resolutions for tion, or matter to the full Committee, or any (1) There shall be four subcommittees of markup, and any amendments in the nature member authorized by the subcommittee to the Committee as follows: of a substitute to such bills or resolution to do so, shall notify the Chairman and the (A) Subcommittee on Disability Assistance be first recognized by the Chairman, shall be Ranking Minority Member of the Committee and Memorial Affairs, which shall have legis- made available, via written or electronic no- of the subcommittee’s action. lative, oversight, and investigative jurisdic- tice, to Committee members at least 48 (3) A member of the Committee who is not tion over compensation; general and special hours prior to a scheduled markup, except as a member of a particular subcommittee may pensions of all the wars of the United States; agreed to by unanimous consent. sit with the subcommittee during any of its life insurance issued by the Government on (2) Subject to the second sentence of this meetings and hearings, but shall not have account of service in the Armed Forces; paragraph, it shall not be in order for the authority to vote, cannot be counted for a cemeteries of the United States in which vet- Committee to consider any amendment pro- quorum, and cannot raise a point of order at erans of any war or conflict are or may be posed to a bill or resolution under consider- the meeting or hearing. buried, whether in the United States or ation by the Committee, or proposed to an (4) Non-Committee Members may be in- abroad, except cemeteries administered by amendment in the nature of a substitute no- vited to sit at the dais for and participate in the Secretary of the Interior; burial benefits; ticed under paragraph (1), unless a written or subcommittee hearings with the unanimous the Board of Veterans’ Appeals; and the electronic copy of such amendment has been consent of all Members present. Further, United States Court of Appeals for Veterans delivered to each Member of the Committee non-Committee Members may be recognized Claims. (or subcommittee for purposes of sub- for questioning of witnesses but only after (B) Subcommittee on Economic Oppor- committee markups) at least 24 hours before all subcommittee Members have first been tunity, which shall have legislative, over- the meeting at which the amendment is to recognized for questioning. sight, and investigative jurisdiction over be proposed, and such amendment is in com- (5) Each subcommittee shall provide the education of veterans, employment and pliance with subsection (i) of this rule. This Committee with copies of such record votes training of veterans, vocational rehabilita- paragraph may be waived by unanimous con- taken in subcommittee and such other tion, veterans’ housing programs, transition sent and shall apply only when the 48-hour records with respect to the subcommittee as of servicemembers to civilian life, civil serv- written notice has been provided in accord- the Chairman of the Committee deems nec- ice reform and other employee related issues ance with paragraph (1). essary for the Committee to comply with all at the Department of Veterans Affairs, and (i) CONGRESSIONAL BUDGET OFFICE SCOR- rules and regulations of the House. servicemembers civil relief. ING.—The Committee shall not include any RULE 6—GENERAL OVERSIGHT RESPONSIBILITY (C) Subcommittee on Health, which shall bill or resolution for consideration during a (a) PURPOSE.—Pursuant to clause 2 of Rule have legislative, oversight, and investigative Committee markup which is not accom- X of the Rules of the House, the Committee jurisdiction over the Veterans Health Ad- panied by an accounting from the Congres- shall carry out oversight responsibilities. In ministration (VHA) including medical serv- sional Budget Office of the mandatory and order to assist the House in— ices, medical support and compliance, med- discretionary costs or savings associated (1) Its analysis, appraisal, evaluation of— ical facilities, medical and prosthetic re- with such bill or resolution. (A) The application, administration, execu- search, homeless programs, and major and The accounting from the Congressional tion, and effectiveness of the laws enacted by minor construction. Budget Office need not be official, but is ex- the Congress, or (D) Subcommittee on Oversight and Inves- pected to provide Committee members with (B) Conditions and circumstances, which tigations, which shall have oversight and in- an approximation of the budgetary impact a may indicate the necessity or desirability of vestigative jurisdiction over veterans’ mat- bill or resolution may have prior to any vote enacting new or additional legislation, and ters generally, and over such matters as may to favorably forward or report such bill or (2) Its formulation, consideration and en- be referred to the subcommittee by the resolution. The requirements of this para- actment of such modifications or changes in Chairman of the full Committee for its over- graph may be waived by a majority of Com- those laws, and of such additional legisla- sight or investigation and for its appropriate mittee members, a quorum being present. tion, as may be necessary or appropriate, the recommendations. The subcommittee shall Committee and its various subcommittees, RULE 4—QUORUM AND RECORD VOTES; have legislative jurisdiction over informa- consistent with their jurisdiction as set POSTPONEMENT OF PROCEEDINGS tion technology and procurement generally, forth in Rule 5, shall have oversight respon- (a) WORKING QUORUM.—A majority of the and over such bills or resolutions as may be sibilities as provided in subsection (b). members of the Committee shall constitute referred to it by the Chairman of the full (b) REVIEW OF LAWS AND PROGRAMS.—The a quorum for business and a majority of the Committee. Committee and its subcommittees shall re- members of any subcommittee shall con- (2) Each subcommittee shall have responsi- view and study, on a continuing basis, the stitute a quorum thereof for business, except bility for such other measures or matters as applications, administration, execution, and that two members shall constitute a quorum the Chairman refers to it. effectiveness of those laws, or parts of laws, for the purpose of taking testimony and re- (b) VACANCIES.—Any vacancy in the mem- the subject matter of which is within the ju- ceiving evidence. bership of a subcommittee shall not affect risdiction of the Committee or sub- (b) QUORUM FOR REPORTING.—No measure the power of the remaining members to exe- committee, and the organization and oper- or recommendation shall be reported to the cute the functions of that subcommittee. ation of the Federal agencies and entities House of Representatives unless a majority (c) RATIOS.—On each subcommittee, there having responsibilities in or for the adminis- of the Committee was actually present. shall be a ratio of majority party members tration and execution thereof, in order to de- (c) RECORD VOTES.—A record vote may be to minority party members, which shall be termine whether such laws and the programs demanded by one-fifth of the members consistent with the ratio on the full Com- thereunder are being implemented and car- present or, in the apparent absence of a mittee. ried out in accordance with the intent of the quorum, by any one member. With respect to (d) REFERRAL TO SUBCOMMITTEES.—The Congress and whether such programs should any record vote on any motion to amend or Chairman of the Committee may refer a be continued, curtailed, or eliminated. In ad- report, the total number of votes cast for measure or matter, which is within the gen- dition, the Committee and its subcommit- and against, and the names of those mem- eral responsibility of more than one of the tees shall review and study any conditions or bers voting for and against, shall be included subcommittees of the Committee, as the circumstances which may indicate the neces- in the report of the Committee on the bill or Chairman deems appropriate. In referring sity or desirability of enacting new or addi- resolution. any measure or matter to a subcommittee, tional legislation within the jurisdiction of (d) PROHIBITION AGAINST PROXY VOTING.— the Chairman of the Committee may specify the Committee or subcommittee (whether or No vote by any member of the Committee or a date by which the subcommittee shall re- not any bill or resolution has been intro- a subcommittee with respect to any measure port thereon to the Committee. duced with respect thereto), and shall on a or matter may be cast by proxy. (e) POWERS AND DUTIES continuing basis undertake future research (e) POSTPONING PROCEEDINGS.—Committee (1) Each subcommittee is authorized to and forecasting on matters within the juris- and subcommittee chairmen may postpone meet, hold hearings, receive evidence, and diction of the Committee or subcommittee. further proceedings when a record vote is or- report to the full Committee on all matters (c) OVERSIGHT PLAN.—Not later than Feb- dered on the question of approving a measure referred to it or under its jurisdiction. Sub- ruary 15 of the first session of a Congress, or matter or on adopting an amendment, and committee chairmen shall set dates for hear- the Committee shall meet in open session, may resume proceedings within two legisla- ings and meetings of their respective sub- with a quorum present, to adopt its over- tive days on a postponed question after rea- committees after consultation with the sight plans for that Congress for submission

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.041 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H942 CONGRESSIONAL RECORD — HOUSE February 2, 2017 to the Committee on House Administration tivities or subject matters under the general The motion was agreed to; accord- and the Committee on Oversight and Govern- jurisdiction of the Committee, shall be sub- ingly (at 6 o’clock and 22 minutes ment Reform, in accordance with the provi- mitted to the Chair for approval or dis- p.m.), the House adjourned until to- sions of clause 2(d) of Rule X of the Rules of approval. All travel requests should be sub- morrow, Friday, February 3, 2017, at 9 the House. mitted to the Chair at least five working a.m. (d) OVERSIGHT BY SUBCOMMITTEES.—The ex- days in advance of the proposed travel. For istence and activities of the Subcommittee all travel funded by any other source, notice f on Oversight and Investigations shall in no shall be given to the Chair at least five EXECUTIVE COMMUNICATIONS, way limit the responsibility of the other sub- working days in advance of the proposed committees of the Committee on Veterans’ travel. All travel requests shall be submitted ETC. Affairs for carrying out oversight duties. to the Chair in writing and include the fol- Under clause 2 of rule XIV, executive RULE 7—BUDGET ACT RESPONSIBILITIES lowing: communications were taken from the (1) The purpose of the travel. Speaker’s table and referred as follows: (a) BUDGET ACT RESPONSIBILITIES.—Pursu- (2) The dates during which the travel is to 449. A letter from the Alternate OSD ant to clause 4(f)(1) of Rule X of the Rules of occur. the House, the Committee shall submit to (3) The names of the locations to be visited FRLO, Office of the Secretary, Department the Committee on the Budget not later than and the length of time to be spent in each. of Defense, transmitting the Department’s six weeks after the President submits his (4) The names of members and staff of the final rule — End Use Certificates (EUCs) budget, or at such time as the Committee on Committee for whom the authorization is [Docket ID: DOD-2017-OS-0004] (RIN: 0790- the Budget may request— sought. Travel by the minority shall be sub- AJ05) received January 30, 2017, pursuant to (1) Its views and estimates with respect to mitted to the Chair via the Ranking Mem- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. all matters to be set forth in the concurrent ber. 251; (110 Stat. 868); to the Committee on resolution on the budget for the ensuing fis- (b) TRIP REPORTS.—Members and staff Armed Services. cal year that are within its jurisdiction or shall make a written report to the Chair 450. A letter from the Director, Office of functions; and within 15 working days on all travel ap- Legislative Affairs, Federal Deposit Insur- (2) An estimate of the total amounts of proved under this subsection. Reports shall ance Corporation, transmitting the Corpora- new budget authority, and budget outlays re- include a description of their itinerary, ex- tion’s joint final rule — Community Rein- sulting therefrom, to be provided or author- penses, and activities, and pertinent infor- vestment Act Regulations (RIN: 3064-AD90) ized in all bills and resolutions within its ju- mation gained as a result of such travel. received January 31, 2017, pursuant to 5 risdiction that it intends to be effective dur- When travel involves majority and minor- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ing that fiscal year. ity Members or staff, the majority shall sub- 251; (110 Stat. 868); to the Committee on Fi- mit the report to the Chair on behalf of the nancial Services. RULE 8—RECORDS AND OTHER MATTERS 451. A letter from the Associate General majority and minority. The minority may (a) TRANSCRIPTS.—There shall be a tran- Counsel for Legislation and Regulations, Of- append additional remarks to the report at script made of each regular and additional fice of Housing — Federal Housing Commis- their discretion. meeting and hearing of the Committee and sioner, Department of Housing and Urban (c) APPLICABILITY OF HOUSE RULES.—Mem- its subcommittees. Any such transcript shall bers and staff of the Committee performing Development, transmitting the Depart- be a substantially verbatim account of re- authorized travel on official business shall ment’s Major final rule — Federal Housing marks actually made during the proceedings, Administration: Strengthening the Home be governed by applicable laws, resolutions, subject only to technical, grammatical, and Equity Conversion Mortgage Program [Dock- and regulations of the House and of the Com- typographical corrections authorized by the et No.: FR-5353-F-03] (RIN: 2502-AI79) re- mittee on House Administration. person making the remarks involved. ceived January 31, 2017, pursuant to 5 U.S.C. RULE 10—FACILITY NAMING (b) RECORDS.— 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 (1) The Committee shall keep a record of (a) FACILITY NAMING.—No Department of Stat. 868); to the Committee on Financial all actions of the Committee and each of its Veterans Affairs (VA) facility or property Services. subcommittees. The record shall contain all shall be named after any individual by the 452. A letter from the Director, Regulatory information required by clause 2(e)(1) of Rule Committee unless: Management Division, Environmental Pro- XI of the Rules of the House and shall be (1) Such individual is deceased and was: tection Agency, transmitting the Agency’s available for public inspection at reasonable (A) A veteran who (i) was instrumental in final rule — Approval and Disapproval and times in the offices of the Committee. the construction or the operation of the fa- Promulgation of Air Quality Implementa- (2) There shall be kept in writing a record cility to be named, or (ii) was a recipient of tion Plans; Interstate Transport for Wyo- of the proceedings of the Committee and the Medal of Honor or, as determined by the ming [EPA-R08-OAR-2016-0521; FRL-9959-15- each of its subcommittees, including a Chairman and Ranking Minority Member, Region 8] received January 31, 2017, pursuant record of the votes on any question on which otherwise performed military service of an to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, a recorded vote is demanded. The result of extraordinarily distinguished character; Sec. 251; (110 Stat. 868); to the Committee on (B) A Member of the United States House each such record vote shall be made avail- Energy and Commerce. of Representatives or Senate who had a di- able by the Committee for inspection by the 453. A letter from the Director, Regulatory rect association with such facility; public at reasonable times in the offices of Management Division, Environmental Pro- (C) An Administrator of Veterans’ Affairs, tection Agency, transmitting the Agency’s the Committee. Information so available for a Secretary of Veterans Affairs, a Secretary public inspection shall include a description final rule — Approval and Promulgation of of Defense or of a service branch, or a mili- State Implementation Plans; Interstate of the amendment, motion, order or other tary or other Federal civilian official of com- proposition and the name of each member Transport for Utah [EPA-R08-OAR-2016-0588; parable or higher rank; or FRL-9959-18-Region 8] received January 31, voting for and each member voting against (D) An individual who, as determined by such amendment, motion, order, or propo- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public the Chairman and Ranking Minority Mem- Law 104-121, Sec. 251; (110 Stat. 868); to the sition, and the names of those members ber, performed outstanding service for vet- present but not voting. Committee on Energy and Commerce. erans. 454. A letter from the Director, Regulatory (c) AVAILABILITY OF ARCHIVED RECORDS.— (2) Each Member of the Congressional dele- The records of the Committee at the Na- Management Division, Environmental Pro- gation representing the State in which the tection Agency, transmitting the Agency’s tional Archives and Records Administration designated facility is located must indicate shall be made available for public use in ac- final rule — Approval of Air Quality State in writing such Member’s support of the pro- Implementation Plans; Nevada; Infrastruc- cordance with Rule VII of the Rules of the posal to name such facility after such indi- House. The Chairman shall notify the Rank- ture Requirements to Address Interstate vidual. Evidence of a Member’s support in Transport for the 2008 Ozone NAAQS [EPA- ing Minority Member of any decision, pursu- writing may either be in the form of a letter ant to clause 3 or clause 4 of Rule VII of the R09-OAR-2014-0812; FRL-9958-82-Region 9] re- to the Chairman and Ranking Member or co- ceived January 31, 2017, pursuant to 5 U.S.C. Rules of the House, to withhold a record oth- sponsorship of legislation proposing to name erwise available, and the matter shall be pre- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 the particular VA facility in question. Stat. 868); to the Committee on Energy and sented to the Committee for a determination (3) The pertinent State department or on written request of any member of the Commerce. chapter of each Congressionally chartered 455. A letter from the Director, Regulatory Committee. veterans’ organization having a national Management Division, Environmental Pro- (d) AVAILABILITY OF PUBLICATIONS.—Pursu- membership of at least 500,000 must indicate tection Agency, transmitting the Agency’s ant to clause 2(e)(4) of Rule XI of the Rules in writing its support of such proposal. final rule — Findings of Failure to Submit of the House, the Committee shall make its (b) The above criteria for naming a VA fa- State Implementation Plan Submittals for publications available in electronic form to cility may be waived by unanimous consent. the 2008 Ozone National Ambient Air Quality the maximum extent feasible. f Standards (NAAQS) [EPA-HQ-OAR-2016-0646; RULE 9—TRAVEL ADJOURNMENT FRL-9958-70-OAR] received January 31, 2017, (a) REQUIREMENTS FOR TRAVEL.—All re- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law quests for travel, funded by the Committee, Ms. JAYAPAL. Mr. Speaker, I move 104-121, Sec. 251; (110 Stat. 868); to the Com- for Members and staff in connection with ac- that the House do now adjourn. mittee on Energy and Commerce.

VerDate Sep 11 2014 05:25 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A02FE7.042 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H943 456. A letter from the Assistant Secretary 01] (RIN: 0648-XF049) received January 31, Total Allowable Catch Amounts [Docket No.: for Export Administration, Bureau of Indus- 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public 150916863-6211-02] (RIN: 0648-XF108) received try and Security, Department of Commerce, Law 104-121, Sec. 251; (110 Stat. 868); to the January 31, 2017, pursuant to 5 U.S.C. transmitting the Department’s final rule — Committee on Natural Resources. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Revisions to Sudan Licensing Policy [Docket 464. A letter from the Acting Director, Of- Stat. 868); to the Committee on Natural Re- No.: 160901810-6810-01] (RIN: 0694-AH10) re- fice of Sustainable Fisheries, NMFS, Na- sources. ceived January 30, 2017, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- 471. A letter from the Deputy Assistant Ad- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tion, transmitting the Administration’s tem- ministrator For Regulatory Programs, Stat. 868); to the Committee on Foreign Af- porary rule — Fisheries of the Northeastern NMFS, Office of Sustainable Fisheries, Na- fairs. United States; Northeast Multispecies Fish- tional Oceanic and Atmospheric Administra- 457. A letter from the Chairman, Surface ery; Witch Flounder Trimester Total Allow- tion, transmitting the Administration’s final Transportation Board, transmitting the able Catch Area Closure for the Common rule — Fisheries of the Northeastern United Board’s final rules — Revised Inspection of Pool Fishery [Docket No.: 151211999-6343-02] States; Monkfish; Framework Adjustment 9 Records and Related Fees [Docket No.: EP (RIN: 0648-XF030) received January 31, 2017, [Docket No.: 150306232-6736-02] (RIN: 0648- 737] received January 31, 2017, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); Public Law BE96) received January 31, 2017, pursuant to U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 104-121, Sec. 251; (110 Stat. 868); to the Com- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on mittee on Natural Resources. 251; (110 Stat. 868); to the Committee on Nat- Oversight and Government Reform. 465. A letter from the Acting Director, Of- ural Resources. 458. A letter from the Deputy Assistant Ad- fice of Sustainable Fisheries, NMFS, Na- 472. A letter from the Deputy Assistant Ad- ministrator for Regulatory Programs, tional Oceanic and Atmospheric Administra- ministrator For Regulatory Programs, NMFS, Office of Sustainable Fisheries, Na- tion, transmitting the Administration’s NMFS, Office of Sustainable Fisheries, Na- tional Oceanic and Atmospheric Administra- modification of fishing seasons — Fisheries tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final Off West Coast States; Modifications of the tion, transmitting the Administration’s final rule — Standardized Bycatch Reporting West Coast Commercial and Recreational rule — Fisheries of the Northeastern United Methodology [Docket No.: 1512-01999-6969-02] Salmon Fisheries; Inseason Actions #6 States; Recreational Management Measures (RIN: 0648-BF51) received January 31, 2017, Through #21 [Docket No.: 151117999-6370-01] for the Summer Flounder, Scup, and Black pursuant to 5 U.S.C. 801(a)(1)(A); Public Law (RIN: 0648-XE680) received January 31, 2017, Sea Bass Fisheries; Fishing Year 2016 [Dock- 104-121, Sec. 251; (110 Stat. 868); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law et No.: 160301167-6658-02] (RIN: 0648-BF89) re- mittee on Natural Resources. 104-121, Sec. 251; (110 Stat. 868); to the Com- ceived January 30, 2017, pursuant to 5 U.S.C. 459. A letter from the Deputy Assistant Ad- mittee on Natural Resources. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ministrator for Regulatory Programs, 466. A letter from the Acting Director, Of- Stat. 868); to the Committee on Natural Re- NMFS, Office of Sustainable Fisheries, Na- fice of Sustainable Fisheries, NMFS, Na- sources. tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- 473. A letter from the Director, Office of tion, transmitting the Administration’s final tion, transmitting the Administration’s tem- Congressional Affairs, Nuclear Regulatory rule — Atlantic Highly Migratory Species; porary rule — Atlantic Highly Migratory Commission, transmitting the Department’s Removal of Vessel Upgrade Restrictions for Species; North Atlantic Swordfish Fishery final rule — Adjustment of Civil Penalties Swordfish Directed Limited Access and At- [Docket No.: 120627194-3657-02] (RIN: 0648- for Inflation for FY 2017 [NRC-2016-0165] lantic Tunas Longline Category Permits XF062) received January 31, 2017, pursuant to (RIN: 3150-AJ82) received January 30, 2017, [Docket No.: 160531477-6999-02] (RIN: 0648- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law BG10) received January 31, 2017, pursuant to 251; (110 Stat. 868); to the Committee on Nat- 104-121, Sec. 251; (110 Stat. 868); to the Com- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ural Resources. mittee on the Judiciary. 467. A letter from the Acting Director, Of- 251; (110 Stat. 868); to the Committee on Nat- 474. A letter from the Chairman, Surface fice of Sustainable Fisheries, NMFS, Na- ural Resources. Transportation Board, transmitting the 460. A letter from the Deputy Assistant Ad- tional Oceanic and Atmospheric Administra- Board’s final rules — Rules Relating to ministrator for Regulatory Programs, tion, transmitting the Administration’s tem- Board-Initiated Investigations [Docket No.: NMFS, Office of Sustainable Fisheries, Na- porary rule — Fisheries of the Northeastern EP 731] received January 31, 2017, pursuant tional Oceanic and Atmospheric Administra- United States; Northeast Multispecies Fish- to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, tion, transmitting the Administration’s final ery; Georges Bank Cod Trimester Total Al- Sec. 251; (110 Stat. 868); to the Committee on rule — Fisheries of the Northeastern United lowable Catch Area Closure and Possession Transportation and Infrastructure. States; Atlantic Mackerel, Squid, and Prohibition for the Common Pool Fishery 475. A letter from the Director, Office of Butterfish Fisheries; Amendment 16 [Docket [Docket No.: 151211999-6343-02] (RIN: 0648- External Affairs, Economic Development Ad- No.: 160706587-6999-02] (RIN: 0648-BG21) re- XF133) received January 31, 2017, pursuant to ministration, Department of Commerce, ceived January 31, 2017, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. transmitting the Department’s final rule — 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 251; (110 Stat. 868); to the Committee on Nat- Regional Innovation Program [Docket No.: Stat. 868); to the Committee on Natural Re- ural Resources. 160615526-6999-02] (RIN: 0610-AA68) received sources. 468. A letter from the Director, Office of January 30, 2017, pursuant to 5 U.S.C. 461. A letter from the Deputy Assistant Ad- Sustainable Fisheries, NMFS, National Oce- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ministrator for Regulatory Programs, anic and Atmospheric Administration, trans- Stat. 868); to the Committee on Science, NMFS, Office of Sustainable Fisheries, Na- mitting the Administration’s temporary rule Space, and Technology. tional Oceanic and Atmospheric Administra- — Fisheries of the Northeastern United tion, transmitting the Administration’s final States; Atlantic Herring Fishery; Adjust- f rule — Revisions to Framework Adjustment ment to the Atlantic Herring Management 55 to the Northeast Multispecies Fishery Area 1A Annual Catch Limit [Docket No.: PUBLIC BILLS AND RESOLUTIONS Management Plan [Docket No.: 160929900- 151215999-6960-02] (RIN:0648-XF071) received Under clause 2 of rule XII, public 6900-01] (RIN: 0648-XE927) received January January 31, 2017, pursuant to 5 U.S.C. bills and resolutions of the following 31, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 titles were introduced and severally re- Public Law 104-121, Sec. 251; (110 Stat. 868); to Stat. 868); to the Committee on Natural Re- the Committee on Natural Resources. sources. ferred, as follows: 462. A letter from the Deputy Assistant Ad- 469. A letter from the Director, Office of By Mr. CALVERT (for himself, Mr. ministrator for Regulatory Programs, Sustainable Fisheries, NMFS, National Oce- ROYCE of California, Mr. BUCHANAN, NMFS, Office of Sustainable Fisheries, Na- anic and Atmospheric Administration, trans- Mr. BISHOP of Michigan, Ms. TITUS, tional Oceanic and Atmospheric Administra- mitting the Administration’s temporary rule Ms. MCCOLLUM, Mr. MARINO, and Ms. tion, transmitting the Administration’s final — Fisheries of the Northeastern United ROYBAL-ALLARD): rule — Fisheries of the Northeastern United States; Summer Flounder Fishery; Commer- H.R. 816. A bill to amend the ICCVAM Au- States; Atlantic Bluefish Fishery; 2016-2018 cial Quota Harvested for the State of Con- thorization Act of 2000 to improve reporting Atlantic Bluefish Specifications; Correction necticut [Docket No.: 150903814-5999-02] (RIN: about animal testing and alternative test [Docket No.: 151130999-682603] (RIN: 0648- 0648-XF096) received January 31, 2017, pursu- method use by Federal agencies, and for XE336) received January 31, 2017, pursuant to ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- other purposes; to the Committee on Energy 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 121, Sec. 251; (110 Stat. 868); to the Committee and Commerce. 251; (110 Stat. 868); to the Committee on Nat- on Natural Resources. By Mr. DOGGETT (for himself, Mr. ural Resources. 470. A letter from the Acting Director, Of- BUTTERFIELD, Mr. CARTWRIGHT, Ms. 463. A letter from the Acting Director, Of- fice of Sustainable Fisheries, NMFS, Na- JUDY CHU of California, Mr. fice of Sustainable Fisheries, NMFS, Na- tional Oceanic and Atmospheric Administra- CICILLINE, Ms. CLARKE of New York, tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s tem- Mr. COHEN, Mr. COURTNEY, Mr. DANNY tion, transmitting the Administration’s tem- porary rule — Fisheries of the Exclusive Eco- K. DAVIS of Illinois, Ms. DELAURO, porary rule — Fisheries of the Northeastern nomic Zone Off Alaska; Inseason Adjustment Mr. GALLEGO, Mr. GARAMENDI, Mr. United States; Atlantic Bluefish Fishery; to the 2017 Bering Sea and Aleutian Islands GENE GREEN of Texas, Mr. GRIJALVA, Quota Transfers [Docket No.: 151130999-6225- Pollock, Atka Mackerel, and Pacific Cod Mr. HASTINGS, Ms. KELLY of Illinois,

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Mr. LANGEVIN, Ms. LEE, Mr. LEWIS of K. DAVIS of Illinois, Mr. DEFAZIO, Mr. ROUZER, Mr. SOTO, Mr. MARCHANT, Georgia, Mr. LIPINSKI, Ms. LOFGREN, DELANEY, Ms. DELAURO, Ms. Mr. BLUMENAUER, Mr. UPTON, Mr. Ms. MOORE, Mr. NADLER, Ms. NORTON, DELBENE, Mr. DEUTCH, Mr. ELLISON, HIMES, Mr. COLLINS of New York, Mr. Mr. POCAN, Ms. SCHAKOWSKY, Mr. Ms. ESTY, Mr. GALLEGO, Mr. O’HALLERAN, and Mr. PERRY): TONKO, Mr. WELCH, Mr. CONYERS, Mr. GARAMENDI, Mr. HASTINGS, Mr. HIG- H.R. 828. A bill to amend the Internal Rev- ELLISON, Mr. ESPAILLAT, Mrs. LAW- GINS of New York, Mr. JEFFRIES, Ms. enue Code of 1986 to provide for the deferral RENCE, and Ms. SHEA-PORTER): EDDIE BERNICE JOHNSON of Texas, Mr. of inclusion in gross income for capital gains H.R. 817. A bill to amend title XVIII of the JOHNSON of Georgia, Ms. KELLY of Il- reinvested in opportunity zones; to the Com- Social Security Act to prevent surprise bill- linois, Mr. KENNEDY, Mr. KILDEE, Mr. mittee on Ways and Means. ing practices, and for other purposes; to the KIND, Mr. LANGEVIN, Mr. LARSON of By Mr. UPTON: Committee on Ways and Means, and in addi- Connecticut, Ms. LEE, Mr. LEVIN, Mr. H.R. 829. A bill to amend title XIX of the tion to the Committee on Energy and Com- TED LIEU of California, Mr. Social Security Act to clarify the treatment merce, for a period to be subsequently deter- LOEBSACK, Ms. MICHELLE LUJAN GRIS- of lottery winnings and other lump sum in- come for purposes of income eligibility under mined by the Speaker, in each case for con- HAM of New Mexico, Mr. LYNCH, Ms. the Medicaid program, and for other pur- sideration of such provisions as fall within MCCOLLUM, Mr. MCGOVERN, Mr. poses; to the Committee on Energy and Com- the jurisdiction of the committee concerned. MEEKS, Ms. MENG, Ms. MOORE, Mr. merce. By Mr. POE of Texas (for himself and NADLER, Mrs. NAPOLITANO, Mr. BRADY By Mr. ENGEL (for himself, Mr. Mr. COSTA): of Pennsylvania, Ms. NORTON, Mr. KINZINGER, Mr. BILIRAKIS, Mr. H.R. 818. A bill to safeguard the Crime Vic- PALLONE, Mr. PASCRELL, Mr. POCAN, BRENDAN F. BOYLE of Pennsylvania, tims Fund; to the Committee on the Budget, Mr. PRICE of North Carolina, Miss Mr. BURGESS, Mr. CICILLINE, Mr. and in addition to the Committees on Rules, RICE of New York, Ms. ROYBAL- COHEN, Mr. CONNOLLY, Mr. COSTA, Mr. and the Judiciary, for a period to be subse- ALLARD, Mr. RYAN of Ohio, Mr. SAR- DELANEY, Ms. DELBENE, Mr. quently determined by the Speaker, in each BANES, Ms. SCHAKOWSKY, Mr. SCHIFF, FITZPATRICK, Mr. HARRIS, Ms. KAP- case for consideration of such provisions as Mr. HOYER, Mr. SHERMAN, Mr. TUR, Mr. KEATING, Ms. KELLY of Illi- fall within the jurisdiction of the committee SWALWELL of California, Mr. TAKANO, nois, Mr. LEVIN, Mr. LIPINSKI, Mr. concerned. Mr. THOMPSON of California, Ms. MEEHAN, Mr. PASCRELL, Mr. RUSH, By Mr. COLLINS of Georgia (for him- TITUS, Mrs. TORRES, Mr. VEASEY, Mr. SHIMKUS, Mr. SMITH of New Jer- self, Mr. GOHMERT, Mr. CARTER of Mrs. WATSON COLEMAN, Mr. BLU- sey, Mrs. WAGNER, and Mr. WEBER of Georgia, Mr. FARENTHOLD, Mr. JODY MENAUER, Mr. HECK, Ms. SLAUGHTER, Texas): B. HICE of Georgia, Mr. ALLEN, and Ms. KAPTUR, Ms. SHEA-PORTER, Ms. Mr. GAETZ): H.R. 830. A bill to contain, reverse, and HANABUSA, and Mr. PAYNE): deter Russian aggression in Ukraine, to as- H.R. 819. A bill to amend the Internal Rev- H.R. 823. A bill to amend the Internal Rev- sist Ukraine’s democratic transition, and for enue Code of 1986 to prohibit aliens in an un- enue Code of 1986 to extend and modify the other purposes; to the Committee on Foreign lawful immigration status from claiming the American Opportunity Tax Credit, and for Affairs, and in addition to the Committees earned income tax credit; to the Committee other purposes; to the Committee on Ways on Financial Services, the Judiciary, and on Ways and Means. and Means. By Mr. MCCAUL (for himself, Ms. Ways and Means, for a period to be subse- By Mr. SMITH of Missouri: quently determined by the Speaker, in each SPEIER, Mr. BUTTERFIELD, and Mr. H.R. 824. A bill to amend title 23, United case for consideration of such provisions as KELLY of Pennsylvania): States Code, to prohibit expenditure of cer- fall within the jurisdiction of the committee H.R. 820. A bill to maximize discovery, and tain transportation and infrastructure funds concerned. accelerate development and availability, of for a project located in a sanctuary jurisdic- By Mr. BOST (for himself, Mr. COSTA, promising childhood cancer treatments, and tion, and for other purposes; to the Com- Mr. MARSHALL, Ms. KELLY of Illinois, for other purposes; to the Committee on En- mittee on Transportation and Infrastruc- Mr. KING of Iowa, Mr. COMER, Mr. ergy and Commerce. ture. SOTO, and Mr. ALLEN): By Ms. DELAURO (for herself, Ms. By Mr. GOSAR (for himself, Mr. POLIS, PELOSI, Mr. NEAL, Mr. DOGGETT, Mr. H.R. 831. A bill to amend the Agricultural Mr. FRANKS of Arizona, Mr. THOMP- Act of 1961 to modify the limitations applica- LEVIN, Mr. CROWLEY, Mr. LEWIS of SON of California, Mr. AMODEI, Mr. ble to qualified conservation loan guaran- Georgia, Mr. MCGOVERN, Mr. BEN BIGGS, Mr. CARTWRIGHT, Mrs. COM- tees, and for other purposes; to the Com- RAY LUJA´ N of New Mexico, Mr. LAR- STOCK, Mr. COOK, Mr. COSTA, Mr. mittee on Agriculture. SON of Connecticut, Ms. SA´ NCHEZ, Mr. DEFAZIO, Ms. DELBENE, Mr. GRI- By Mr. CAPUANO: GUTIE´ RREZ, Mr. PASCRELL, Mrs. DIN- JALVA, Mr. HUFFMAN, Mr. LABRADOR, H.R. 832. A bill to amend title 9 of the GELL, Mr. MEEKS, Ms. NORTON, Mr. Mr. LAMALFA, Mr. LOWENTHAL, Mr. United States Code to require that arbitra- SOTO, Mr. DANNY K. DAVIS of Illinois, PERLMUTTER, Mr. SCHRADER, Mr. tion proceedings in certain disputes involv- Mr. KHANNA, Ms. ESTY, Mr. SCHWEIKERT, Ms. SINEMA, Mr. TIPTON, ing consumer financial products and services BUTTERFIELD, Ms. SCHAKOWSKY, Mrs. and Mr. PEARCE): be open to the public; to the Committee on LAWRENCE, Mr. KENNEDY, Ms. H.R. 825. A bill to promote the develop- the Judiciary. SLAUGHTER, Ms. SHEA-PORTER, Mr. ment of renewable energy on public land, and By Ms. FRANKEL of Florida (for her- BRENDAN F. BOYLE of Pennsylvania, for other purposes; to the Committee on Nat- self, Mr. CURBELO of Florida, Ms. and Mr. HOYER): ural Resources, and in addition to the Com- ROS-LEHTINEN, Mr. MAST, Ms. H.R. 821. A bill to amend the Internal Rev- mittee on Agriculture, for a period to be sub- WASSERMAN SCHULTZ, Mr. WEBSTER enue Code of 1986 to increase the child credit sequently determined by the Speaker, in of Florida, Mr. DIAZ-BALART, Mr. for children under the age of 6, and for other each case for consideration of such provi- DEUTCH, Mr. CRIST, and Ms. WILSON purposes; to the Committee on Ways and sions as fall within the jurisdiction of the of Florida): Means. committee concerned. H.R. 833. A bill to amend the Water Re- By Mr. NEAL (for himself, Ms. PELOSI, By Mr. DAVIDSON (for himself and Mr. sources Development Act of 1986 with respect Ms. DELAURO, Mr. LEVIN, Mr. LEWIS BUDD): to the acquisition of beach fill, and for other of Georgia, Mr. THOMPSON of Cali- H.R. 826. A bill to require the head of each purposes; to the Committee on Transpor- fornia, Mr. LARSON of Connecticut, executive agency to relocate such agency tation and Infrastructure. Mr. BLUMENAUER, Mr. KIND, Mr. PAS- outside of the Washington, D.C., metropoli- By Ms. EDDIE BERNICE JOHNSON of CRELL, Mr. CROWLEY, Mr. DANNY K. tan area, and for other purposes; to the Com- Texas: DAVIS of Illinois, Ms. SA´ NCHEZ, Ms. mittee on Oversight and Government Re- H.R. 834. A bill to authorize the President SEWELL of Alabama, Mr. KEATING, form. to award the Medal of Honor posthumously Ms. NORTON, Ms. FUDGE, Ms. SCHA- By Mr. VARGAS: to Doris Miller for acts of valor during the KOWSKY, Ms. CLARK of Massachusetts, H.R. 827. A bill to establish certain con- World War II while a member of the Navy; to Mr. KENNEDY, Mr. HOYER, Mr. DOG- servation and recreation areas in the State the Committee on Armed Services. GETT, Ms. DELBENE, and Mr. COHEN): of California, and for other purposes; to the By Mr. LAMBORN (for himself, Mr. H.R. 822. A bill to amend the Internal Rev- Committee on Natural Resources. POLIS, and Mr. TIPTON): enue Code of 1986 to make improvements in By Mr. TIBERI (for himself, Mr. KIND, H.R. 835. A bill to update the map of, and the earned income tax credit; to the Com- Mr. MEEHAN, Mr. NEAL, Mr. RENACCI, modify the maximum acreage available for mittee on Ways and Means. Mr. AGUILAR, Mr. SMITH of Missouri, inclusion in, the Florissant Fossil Beds Na- By Mr. DOGGETT (for himself, Ms. Ms. SEWELL of Alabama, Mr. PAUL- tional Monument; to the Committee on Nat- PELOSI, Mr. NEAL, Ms. BROWNLEY of SEN, Ms. DELBENE, Mr. REICHERT, Mr. ural Resources. California, Mrs. BUSTOS, Mr. COOPER, Ms. JENKINS of Kansas, Mr. By Ms. MICHELLE LUJAN GRISHAM BUTTERFIELD, Mr. CARTWRIGHT, Mr. MOULTON, Mr. STIVERS, Mr. LARSON of New Mexico: CASTRO of Texas, Ms. JUDY CHU of of Connecticut, Mr. LANCE, Mr. H.R. 836. A bill to amend the Internal Rev- California, Mr. CICILLINE, Mr. COHEN, POLIS, Mr. SENSENBRENNER, Mr. enue Code of 1986 to provide a standard home Mr. CONYERS, Mr. CROWLEY, Mr. KHANNA, Mr. RODNEY DAVIS of Illi- office deduction; to the Committee on Ways CUELLAR, Mr. CUMMINGS, Mr. DANNY nois, Mr. YODER, Mr. KILMER, Mr. and Means.

VerDate Sep 11 2014 04:17 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\L02FE7.100 H02FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 2, 2017 CONGRESSIONAL RECORD — HOUSE H945 By Ms. MICHELLE LUJAN GRISHAM By Ms. STEFANIK (for herself, Mr. to continue to support pledges made by the of New Mexico (for herself, Mr. MESSER, Mr. WELCH, Mr. TONKO, and United States in the Paris Agreement; to the CORREA, Mr. EVANS, Mr. BLU- Mr. YOUNG of Iowa): Committee on Foreign Affairs. H.R. 842. A bill to direct the Librarian of MENAUER, Mr. GALLEGO, Ms. MENG, f Mr. RUIZ, Ms. BARRAGA´ N, Ms. LOF- Congress to ensure that each version of a bill GREN, Ms. CLARK of Massachusetts, or resolution which is made available for CONSTITUTIONAL AUTHORITY Mr. POCAN, Mr. SOTO, Mr. TAKANO, viewing on the Congress.gov website is pre- STATEMENT ´ sented in a manner which permits the viewer Mr. CARDENAS, Mr. GRIJALVA, Mrs. Pursuant to clause 7 of rule XII of WATSON COLEMAN, Mr. VARGAS, Mrs. to follow and track online, within the same the Rules of the House of Representa- NAPOLITANO, Mr. ESPAILLAT, Mrs. document, any changes made from previous TORRES, Mr. CASTRO of Texas, Mr. versions of the bill or resolution; to the Com- tives, the following statements are sub- GONZALEZ of Texas, Mr. SWALWELL of mittee on House Administration. mitted regarding the specific powers California, Mr. PALLONE, Mr. KIHUEN, By Mr. NEWHOUSE (for himself, Mr. granted to Congress in the Constitu- Ms. HANABUSA, Mr. VELA, Mr. PEARCE, Mr. GOSAR, Mr. GOHMERT, tion to enact the accompanying bill or Mr. CRAMER, Mrs. RADEWAGEN, Mr. MCGOVERN, Mr. KHANNA, Mr. FOSTER, joint resolution. Mr. CUMMINGS, Mrs. CAROLYN B. SESSIONS, and Mr. BIGGS): H.J. Res. 60. A joint resolution providing By Mr. CALVERT: MALONEY of New York, Mr. GENE for congressional disapproval under chapter 8 H.R. 816. GREEN of Texas, Mr. RASKIN, Mr. of title 5, United States Code, of the final Congress has the power to enact this legis- LEWIS of Georgia, Mr. CARBAJAL, Mr. rule of the United States Fish and Wildlife lation pursuant to the following: O’ROURKE, Mr. VEASEY, Ms. CLARKE Service relating to the use of compensatory Article 1, Section 8 of the United States of New York, Mr. GARAMENDI, Mr. mitigation as recommended or required Constitution, specifically clause 18 (relating NADLER, Ms. NORTON, Ms. PINGREE, under the Endangered Species Act of 1973; to to the power to make all laws necessary and Mr. CUELLAR, Mr. JOHNSON of Geor- the Committee on Natural Resources. proper for carrying out the powers vested in gia, Ms. MOORE, Ms. MCCOLLUM, Ms. By Mr. WOMACK (for himself, Mr. Congress). LEE, Ms. VELA´ ZQUEZ, Mr. WELCH, Ms. AMODEI, Mrs. BLACKBURN, Mr. JEN- By Mr. DOGGETT: SA´ NCHEZ, Mr. TONKO, Mr. SERRANO, KINS of West Virginia, Mr. ADERHOLT, H.R. 817. Ms. SCHAKOWSKY, Mr. GUTIE´ RREZ, Ms. Mr. FRANKS of Arizona, Mr. BYRNE, Congress has the power to enact this legis- JUDY CHU of California, Mr. QUIGLEY, Mr. OLSON, Mr. PALAZZO, Mr. FOR- lation pursuant to the following: Mr. ENGEL, and Ms. TITUS): TENBERRY, Mr. COOK, Mr. ABRAHAM, Article I, Section 8, Clause 3 of the Con- H.R. 837. A bill to prohibit construction of Mr. WILSON of South Carolina, and stitution of the United States a continuous wall or fence between the Mr. JOHNSON of Ohio): By Mr. POE of Texas: United States and Mexico, and for other pur- H.J. Res. 61. A joint resolution proposing H.R. 818. poses; to the Committee on the Judiciary, an amendment to the Constitution of the Congress has the power to enact this legis- and in addition to the Committees on Home- United States giving Congress power to pro- lation pursuant to the following: land Security, and Foreign Affairs, for a pe- hibit the physical desecration of the flag of Clause 18 of section 8 of article I of the riod to be subsequently determined by the the United States; to the Committee on the Constitution which states that Congress has Speaker, in each case for consideration of Judiciary. the power ‘‘to make all laws which shall be such provisions as fall within the jurisdic- By Ms. EDDIE BERNICE JOHNSON of necessary and proper for carrying into Exe- tion of the committee concerned. Texas: cution the foregoing Powers, and all other By Mr. RUIZ: H. Con. Res. 19. Concurrent resolution ex- Powers vested by this Constitution in the H.R. 838. A bill to amend the Federal Elec- pressing the sense of Congress regarding re- Government of the United States, or in any tion Campaign Act of 1971 to prohibit a can- consideration of the merits of awarding the Department or Officer thereof. didate for election for Federal office from Medal of Honor posthumously to Doris Mil- By Mr. COLLINS of Georgia: using amounts contributed to the can- ler for acts of valor during World War II for H.R. 819. didate’s campaign to make payments to ven- which he was originally awarded the Navy Congress has the power to enact this legis- dors owned or controlled by the candidate or Cross; to the Committee on Armed Services. lation pursuant to the following: by an immediate family member of the can- By Mr. HARPER: Article I, Section 8, Clause 1 and Clause 3 didate; to the Committee on House Adminis- H. Res. 82. A resolution electing Members of the Constitution tration. to the Joint Committee of Congress on the By Mr. MCCAUL: By Mr. RUIZ: Library and the Joint Committee on Print- H.R. 820. H.R. 839. A bill to prevent the enrichment ing; to the Committee on House Administra- Congress has the power to enact this legis- of certain Government officers and employ- tion; considered and agreed to. lation pursuant to the following: ees or their families through Federal funds By Mrs. BROOKS of Indiana (for her- Article I, Section 8. or contracting, and for other purposes; to the self and Mr. DEUTCH): By Ms. DELAURO: H. Res. 83. A resolution providing amounts Committee on Oversight and Government H.R. 821. for the expenses of the Committee on Ethics Congress has the power to enact this legis- Reform, and in addition to the Committee on in the One Hundred Fifteenth Congress; to House Administration, for a period to be sub- lation pursuant to the following: the Committee on House Administration. Article I, Section 8, Clause 1 and the Six- sequently determined by the Speaker, in By Mrs. DINGELL (for herself, Mrs. each case for consideration of such provi- teenth Amendment COMSTOCK, Mr. GARAMENDI, Mr. sions as fall within the jurisdiction of the By Mr. NEAL: BISHOP of Georgia, Ms. HANABUSA, H.R. 822. committee concerned. Mr. RYAN of Ohio, Ms. BROWNLEY of Congress has the power to enact this legis- By Mr. RUIZ: California, Mrs. BEATTY, Mr. HAS- lation pursuant to the following: H.R. 840. A bill to amend the Ethics in Gov- TINGS, Ms. NORTON, Mrs. MURPHY of Article 1, Section 8, Clause 1, and the Six- ernment Act of 1978 to require the President, Florida, Ms. LOFGREN, Ms. ESTY, Mr. teenth Amendment. Vice President, and Cabinet-level officers to SERRANO, Ms. WILSON of Florida, and By Mr. DOGGETT: release their tax returns, and for other pur- Mr. KENNEDY): H.R. 823. poses; to the Committee on Ways and Means, H. Res. 84. A resolution expressing support Congress has the power to enact this legis- and in addition to the Committee on Over- for designation of February 4, 2017, as Na- lation pursuant to the following: sight and Government Reform, for a period tional Cancer Prevention Day; to the Com- Article One, Section 8 and the 16th Amend- to be subsequently determined by the Speak- mittee on Energy and Commerce. ment of the Constitution. er, in each case for consideration of such pro- By Mr. KRISHNAMOORTHI (for him- By Mr. SMITH of Missouri: visions as fall within the jurisdiction of the self, Mr. SMITH of Washington, Mr. H.R. 824. committee concerned. POLIS, Ms. LEE, Mr. CARTWRIGHT, Mr. Congress has the power to enact this legis- By Ms. SPEIER (for herself, Mr. COHEN, LANGEVIN, Mr. SERRANO, Ms. lation pursuant to the following: Mrs. WATSON COLEMAN, Ms. PINGREE, WASSERMAN SCHULTZ, Mr. Article 1, Section 8, Clause 4 of the Con- Ms. DELAURO, Ms. SHEA-PORTER, Ms. GARAMENDI, Mr. KIND, Mr. SCHIFF, stitution provides with the power to estab- CLARKE of New York, Mr. MEEKS, Mr. Mr. SOTO, Mr. HASTINGS, Mr. lish ‘‘uniform rule of naturalization.’’ SOTO, Ms. SLAUGHTER, Mr. TAKANO, DELANEY, Ms. SHEA-PORTER, Mr. By Mr. GOSAR: Mr. MCGOVERN, Mr. GARAMENDI, Mr. CA´ RDENAS, Ms. MCCOLLUM, Ms. PIN- H.R. 825. BLUMENAUER, Ms. ESHOO, and Mr. GREE, Ms. MATSUI, Mr. BLUMENAUER, Congress has the power to enact this legis- ELLISON): Ms. BONAMICI, Mr. WELCH, Mr. lation pursuant to the following: H.R. 841. A bill to prohibit the appropria- QUIGLEY, Ms. HANABUSA, Mr. GRI- Article IV, Section 3, Clause 2. (The Prop- tion of funds to the Executive Office of the JALVA, Ms. NORTON, Mr. MEEKS, Ms. erty Clause.) President until the restoration of the White LOFGREN, Ms. TITUS, Mr. TONKO, and The Property Clause gives Congress the House phone-in comment line; to the Com- Mr. COHEN): power to dispose of and make all needful mittee on Oversight and Government Re- H. Res. 85. A resolution expressing the rules and regulations respecting the terri- form. commitment of the House of Representatives tory or other property belonging to the

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United States; and states that nothing in the Congress has the power to enact this legis- H.R. 38: Mr. RICE of South Carolina. constitution shall be so construed as to prej- lation pursuant to the following: H.R. 80: Mr. PALAZZO. udice any claims of the United States, or of Article I, section 8 of the Constitution of H.R. 82: Mr. YOUNG of Iowa. any particular state. Currently, the federal the United States. H.R. 112: Mr. FRANCIS ROONEY of Florida. government possesses approximately 1.8 bil- By Mr. LAMBORN: H.R. 193: Mr. MOONEY of West Virginia. lion acres of land. The U.S. constitution spe- H.R. 835. H.R. 244: Mr. POLIQUIN. cifically addresses the relationship of the Congress has the power to enact this legis- H.R. 245: Mr. WEBER of Texas. federal government to land. lation pursuant to the following: H.R. 257: Mr. WILLIAMS and Mr. PERRY. The Property Clause gives Congress ple- Article 1, Section 8 H.R. 275: Mr. EVANS. nary power and full-authority over federal By Ms. MICHELLE LUJAN GRISHAM H.R. 281: Mr. AMODEI and Mr. FASO. property. The U.S. Supreme Court has de- of New Mexico: H.R. 299: Mr. CRAWFORD, Mr. MAST, Mr. scribed Congress’s power to legislate under H.R. 836. WITTMAN, Mr. GIBBS, Mr. PAULSEN, Mr. SOTO, this Clause as ‘‘without limitation.’’ This Congress has the power to enact this legis- Mr. TED LIEU of California, Mr. HASTINGS, Act falls squarely within the express con- lation pursuant to the following: Mr. KENNEDY, Ms. ROYBAL-ALLARD, and Mr. stitutional power set forth in the Property Article 1, Section 8, clause 18 of the United AMODEI. Clause. States Constitution, ‘‘The Congress shall H.R. 303: Mr. CALVERT, Ms. STEFANIK, Mr. By Mr. DAVIDSON: have Power . . . To make all Laws which GOODLATTE, Mr. COSTELLO of Pennsylvania, H.R. 826. shall be necessary and proper for carrying Mr. GARAMENDI, Mr. GAETZ, Mr. LOBIONDO, Congress has the power to enact this legis- into Execution the foregoing Powers, and all Mr. JONES, Mr. KILMER, Mr. BUCHANAN, Mr. lation pursuant to the following: other Powers vested by this Constitution in ROUZER, and Mr. FARENTHOLD. Article I, Section 8: the Government of the United States, or in H.R. 355: Mr. GOSAR and Mr. DESANTIS. The Congress shall have Power . . . any Department or Officer thereof.’’ H.R. 365: Mr. SMITH of Missouri. Clause 17: To exercise exclusive Legisla- By Ms. MICHELLE LUJAN GRISHAM H.R. 376: Mr. SOTO, Mr. DEFAZIO, Mr. tion in all Cases whatsoever, over such Dis- of New Mexico: GALLEGO, Mr. GENE GREEN of Texas, Mr. trict (not exceeding ten Miles square) as H.R. 837. LANGEVIN, Mr. COHEN, Ms. KELLY of Illinois, may, by Cession of particular States, and the Congress has the power to enact this legis- Ms. MENG, Mr. NADLER, Mr. WELCH, Mr. Acceptance of Congress, become the Seat of lation pursuant to the following: KIND, and Mrs. NAPOLITANO. the Government of the United States, and to article I, section 8, clause 18 H.R. 387: Mr. CHAFFETZ, Mr. YARMUTH, Mr. exercise like Authority over all Places pur- By Mr. RUIZ: JOYCE of Ohio, Mr. LOWENTHAL, Mr. chased by the Consent of the Legislatue of H.R. 838. BARLETTA, Mr. CONNOLLY, Mr. CAPUANO, Mr. the State in which the Same shall be, for the Congress has the power to enact this legis- LEWIS of Minnesota, Mr. ROE of Tennessee, Erection of Forts, Magazines, Arsenalsm lation pursuant to the following: Mr. FORTENBERRY, Ms. SHEA-PORTER, Mr. dock-yards, and other needful Buildings; And Article I, section 8, Clauses 1 and 18 of the BEN RAY LUJA´ N of New Mexico, Mr. Clause 18: To make all Laws which shall be United States Constitution, to provide for O’ROURKE, Mr. BILIRAKIS, Ms. BROWNLEY of necessary and proper for carrying into Exe- the general welfare and make all laws nec- California, and Mr. BLUM. cution the foregoing Powers, and all other essary and proper to carry out the powers of H.R. 422: Mr. MARSHALL and Mr. PEARCE. Powers vested by this Constitution in the Congress. H.R. 428: Mr. SESSIONS. Government of the United States, or in any By Mr. RUIZ: H.R. 448: Ms. LEE. Department or Officer thereof. H.R. 839. H.R. 457: Ms. PINGREE and Mr. SARBANES. By Mr. VARGAS: Congress has the power to enact this legis- H.R. 489: Mrs. WATSON COLEMAN, Mr. H.R. 827. lation pursuant to the following: KIHUEN, Ms. LOFGREN, Ms. JAYAPAL, and Ms. Congress has the power to enact this legis- Article I, section 8, Clauses 1 and 18 of the WASSERMAN SCHULTZ. lation pursuant to the following: H.R. 502: Mr. SCHIFF, Mr. FLEISCHMANN, Mr. The Congress shall have power to dispose United States Constitution, to provide for VISCLOSKY, Mr. MCNERNEY, and Mr. KILMER. of and make all needful rules and regulations the general welfare and make all laws nec- H.R. 512: Mr. ROTHFUS. respecting the territory or other property essary and proper to carry out the powers of H.R. 529: Mr. WITTMAN. belonging to the United States, as enumer- Congress. H.R. 544: Mr. MARSHALL, Ms. PINGREE, Mr. ated in Article IV, Section 3, Clause 2 of the By Mr. RUIZ: GROTHMAN, Mr. LOBIONDO, Mr. SEAN PATRICK U.S. Constitution. H.R. 840. MALONEY of New York, Mr. COLLINS of New By Mr. TIBERI: Congress has the power to enact this legis- York, Mr. COHEN, Mr. ABRAHAM, and Mr. H.R. 828. lation pursuant to the following: Congress has the power to enact this legis- Article I, section 8, Clauses 1 and 18 of the CALVERT. lation pursuant to the following: United States Constitution, to provide for H.R. 548: Mr. SHIMKUS. Clause 1 of Section 8 of Article I the general welfare and make all laws nec- H.R. 578: Mr. GARAMENDI. By Mr. UPTON: essary and proper to carry out the powers of H.R. 611: Mr. OLSON, Mr. YOUNG of Iowa, H.R. 829. Congress. Mr. HIGGINS of Louisiana, Mr. PERRY, Mr. Congress has the power to enact this legis- By Ms. SPEIER: JOHNSON of Ohio, Mr. VALADAO, Mr. KING of lation pursuant to the following: H.R. 841. Iowa, Mr. ALLEN, Mr. WITTMAN, and Mr. COL- Article I, Section 8, Clause 3, which states Congress has the power to enact this legis- LINS of New York. that Congress shall have the power to ‘‘regu- lation pursuant to the following: H.R. 624: Mr. COSTA, Mr. LATTA, Mr. late commerce with foreign nations, and This bill is enacted pursuant to the power GROTHMAN, and Ms. BROWNLEY of California. among the several states . . .’’ granted to Congress under Article 1, Section H.R. 635: Mr. COHEN. By Mr. ENGEL: 8 of the United States Constitution. H.R. 637: Mr. KELLY of Mississippi, Mr. H.R. 830. By Ms. STEFANIK: STIVERS, Mr. RICE of South Carolina, and Mr. Congress has the power to enact this legis- H.R. 842. HUDSON. lation pursuant to the following: Congress has the power to enact this legis- H.R. 647: Mr. DESAULNIER. Article I, Section 8, Clause 18 of the Con- lation pursuant to the following: H.R. 676: Mr. GUTIE´ RREZ, Mr. YARMUTH, Mr. stitution. Article 1, Section 8 of the Constitution of DANNY K. DAVIS of Illinois, Mr. RUSH, and By Mr. BOST: the United States. Ms. SLAUGHTER. H.R. 831. By Mr. NEWHOUSE: H.R. 696: Mr. SOTO, Mr. KEATING, and Mrs. Congress has the power to enact this legis- H.J. Res. 60. DINGELL. lation pursuant to the following: H.R. 721: Mr. CARTER of Texas. Clause 1 of Article Section I of the United Congress has the power to enact this legis- H.R. 722: Mr. VEASEY. States Consititution, which provides Con- lation pursuant to the following: H.R. 739: Ms. LEE, Ms. MICHELLE LUJAN gress with the ability to enact legislation Article I, Section 8, Clause 18 of the United GRISHAM of New Mexico, Mr. GALLEGO, Ms. necessary and proper to effectuate its pur- States Constitution NORTON, Mr. VARGAS, Mr. VELA, Mr. pose in taxing and spending. By Mr. WOMACK: O’ROURKE, Mr. TED LIEU of California, Mr. By Mr. CAPUANO: H.J. Res. 61. SOTO, Mrs. TORRES, Ms. VELA´ ZQUEZ, and Ms. H.R. 832. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: CLARKE of New York. lation pursuant to the following: Article V, U.S. Constitution H.R. 741: Mr. PETERSON. Article I, Section 8, Clause 3 H.R. 748: Mr. SIRES, Mr. VEASEY, Mr. f ´ By Ms. FRANKEL of Florida: CARDENAS, Mr. HASTINGS, Mr. KIHUEN, Mr. H.R. 833. ADDITIONAL SPONSORS TAKANO, Mr. DANNY K. DAVIS of Illinois and Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors Ms. WASSERMAN SCHULTZ. H.R. 749: Mr. O’HALLERAN. lation pursuant to the following: were added to public bills and resolu- Article I, Section 8 H.R. 750: Mr. CONNOLLY, Mr. LARSON of By Ms. EDDIE BERNICE JOHNSON of tions, as follows: Connecticut, Mr. NOLAN, Mrs. BLACKBURN, Texas: H.R. 34: Mr. COMER, Mr. BABIN, Mr. JODY B. Mr. ELLISON, Ms. SLAUGHTER, Ms. PINGREE, H.R. 834. HICE of Georgia, and Mr. AMASH. Mr. KING of Iowa, Ms. DELBENE, Mr. RYAN of

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Ohio, Mr. MULLIN, Mr. GIBBS, Mr. LANGEVIN, DAVIS of Illinois, Mr. GRIJALVA, and Mrs. H. Con. Res. 16: Ms. FUDGE. OODALL ITUS RAMER NAPOLITANO. Mr. W , Ms. T , Mr. C , Mr. H. Res. 15: Mr. MEEHAN, Mrs. NOEM, Mr. OYCE ARLETTA IBERI H.J. Res. 27: Mr. PALMER, Mr. COLLINS of J of Ohio, Mr. B , Mr. T , THOMPSON of California, Mr. DENHAM, Mr. ARR ALZ AULSEN Georgia, Mr. BARR, Mr. KING of Iowa, Mrs. Mr. B , Mr. W , Mr. P , and Ms. LANCE, Mr. HIGGINS of New York, Mr. FOS- ASSERMAN CHULTZ ROBY, Mr. HUIZENGA, Mr. JORDAN, Mr. W S . TER, Mr. RYAN of Ohio, Mr. BISHOP of Geor- BRIDENSTINE, Mr. HULTGREN, Mr. KELLY of H.R. 761: Mrs. DINGELL. gia, Mr. POCAN, Mr. LYNCH, Mr. Michael F. Pennsylvania, and Mr. MOONEY of West Vir- H.R. 772: Mr. LANCE. Doyle of Pennsylvania, Mr. NORCROSS, Mr. H.R. 778: Mr. PETERSON. ginia. H.J. Res. 37: Mr. SESSIONS, Mr. PALMER, CLAY, Mr. JOHNSON of Georgia, Ms. TSONGAS, H.R. 785: Mr. PITTENGER and Mr. DUNCAN of Mr. DEUTCH, Mr. Rodney Davis of Illinois, South Carolina. Mr. GOSAR, Mr. FARENTHOLD, Mr. GROTHMAN, Mr. ROTHFUS, Mrs. RADEWAGEN, Mr. KNIGHT, Mr. KILDEE, and Mr. GARAMENDI. H.R. 786: Ms. LOFGREN, Ms. DELAURO, and Mr. GOHMERT, Mr. MEADOWS, Mr. ROE of Ten- Ms. SHEA-PORTER. H. Res. 66: Mr. CARSON of Indiana, Mr. nessee, Mr. WALBERG, Mr. BYRNE, and Mr. H.R. 787: Ms. CLARKE of New York. POLIS, and Mr. LANGEVIN. WILSON of South Carolina. H.R. 795: Mr. COFFMAN. H. Res. 78: Ms. SLAUGHTER, Mrs. DEMINGS, H.J. Res. 53: Mr. ESPAILLAT, Ms. JAYAPAL, H.R. 800: Mr. O’HALLERAN, Mr. CONYERS, Ms. HANABUSA, Ms. MOORE, Mr. GALLEGO, Ms. Mr. SOTO, Mr. MCNERNEY, and Mr. SCOTT of Mr. HASTINGS, Mr. THOMPSON of California, Virginia. SHEA-PORTER, Mr. WELCH, Mr. SHERMAN, and Mr. MCGOVERN. H.J. Res. 55: Mr. NEWHOUSE, Mrs. WATSON COLEMAN, Mr. DOGGETT, Mr. H.R. 804: Mr. DEUTCH, Ms. JAYAPAL, Mrs. H.J. Res. 57: Mr. SESSIONS and Ms. FOXX. PALLONE, Mr. LYNCH, Ms. BLUNT ROCHESTER, DINGELL, Mr. NOLAN, Mr. SARBANES, Mrs. H.J. Res. 58: Ms. FOXX and Mr. SESSIONS. Mr. GARAMENDI, Ms. Maxine Waters of Cali- CAROLYN B. MALONEY of New York, Mr. RYAN H.J. Res. 59: Mrs. WAGNER, Mr. GROTHMAN, fornia, Mr. KIND, Mr. CLYBURN, Mr. DELANEY, of Ohio, Mr. SUOZZI, Mr. CLAY, Mr. DANNY K. Mr. BRIDENSTINE, and Mr. MARCHANT. and Mr. JEFFRIES.

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Vol. 163 WASHINGTON, THURSDAY, FEBRUARY 2, 2017 No. 18 Senate The Senate met at 11 a.m. and was Mr. SULLIVAN thereupon assumed of President Obama’s two first-term called to order by the Honorable DAN the Chair as Acting President pro tem- Supreme Court nominees. Did not. We SULLIVAN, a Senator from the State of pore. thank the Democratic leader for clear- Alaska. f ing that up. His statement also re- f minds us that both of the Supreme RESERVATION OF LEADER TIME Court Justices President Clinton nomi- PRAYER The ACTING PRESIDENT pro tem- nated got straight up-or-down votes as The Chaplain, Dr. Barry C. Black, of- pore. Under the previous order, the well. There is no reason someone like fered the following prayer: leadership time is reserved. Judge Gorsuch, who has received wide- Let us pray. spread acclaim from both sides of the O God, who remains the same when f aisle, should be treated differently all else fades, thank You for loving and now. using us for Your glory. RECOGNITION OF THE MAJORITY Guide our Senators in the footsteps LEADER When he was nominated to his cur- rent seat on the court of appeals, Judge of those who were willing to risk all for The ACTING PRESIDENT pro tem- Gorsuch received the American Bar As- freedom, who transformed dark yester- pore. The majority leader is recog- sociation’s highest possible rating— days into bright tomorrows. nized. Lord, uphold our Nation with Your unanimously ‘‘well qualified.’’ At his wisdom and might, enabling it to con- f confirmation hearing, no one had a sin- tinue to be a city of refuge for those MEASURE PLACED ON THE gle negative word to say about him— whose hearts yearn for freedom. Keep CALENDAR—S. 274 not a single negative word. At his con- us all from untimely and self-made firmation vote, no one cast a negative Mr. MCCONNELL. Mr. President, I cares, as we continue to look to You, vote against him—not then-Senator the Author and Finisher of our faith. understand there is a bill at the desk Obama, not then-Senators Clinton, We pray in Your great Name. Amen. due a second reading. Biden, or Kennedy, and not my good The ACTING PRESIDENT pro tem- f friend Senator SCHUMER, either. Judge pore. The clerk will read the bill by Gorsuch was confirmed in exception- PLEDGE OF ALLEGIANCE title for the second time. ally fast time for a court of appeals The Presiding Officer led the Pledge The bill clerk read as follows: nominee—just 2 months. So you have of Allegiance, as follows: A bill (S. 274) to nullify the effect of the re- to wonder, if this nominee was so non- I pledge allegiance to the Flag of the cent executive order that temporarily re- controversial in 2006 that a rollcall United States of America, and to the Repub- stricted individuals from certain countries vote was not even required, what could from entering the United States. lic for which it stands, one nation under God, possibly have changed since to justify indivisible, with liberty and justice for all. Mr. MCCONNELL. In order to place threats of extraordinary treatment f the bill on the calendar under the pro- now? What has happened in the last 10 APPOINTMENT OF ACTING visions of rule XIV, I object to further years? If the Democratic leader or any- PRESIDENT PRO TEMPORE proceedings. one else in his conference did not raise The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The a concern in committee or cast a single pore. Objection is heard. clerk will please read a communication negative vote then, let alone even ask The bill will be placed on the cal- to the Senate from the President pro for a rollcall vote, what could possibly endar. tempore (Mr. HATCH). justify these so-called grave concerns— The bill clerk read the following let- f grave concerns—he claims to have ter: now? NOMINATION OF NEIL GORSUCH U.S. SENATE, Professor Laurence Tribe, President PRESIDENT PRO TEMPORE, Mr. MCCONNELL. Mr. President, I Obama’s law school mentor, called Washington, DC, February 2, 2017. was surprised by a statement my friend Judge Gorsuch a ‘‘brilliant, terrific guy To the Senate: the Democratic leader made right here who would do the Court’s work with Under the provisions of rule I, paragraph 3, yesterday. I am glad he came back to distinction.’’ This is Laurence Tribe, of the Standing Rules of the Senate, I hereby the floor to correct himself, though. I the President’s constitutional law pro- appoint the Honorable DAN SULLIVAN, a Sen- ator from the State of Alaska, to perform think we all appreciated the Demo- fessor, one of the best-known liberal the duties of the Chair. cratic leader making clear that Repub- professors in the country. ORRIN G. HATCH, licans did not—let me repeat, did not— Neal Katyal, President Obama’s top President pro tempore. insist on 60-vote thresholds for either Supreme Court lawyer, lauded Judge

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

S609

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VerDate Sep 11 2014 23:18 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S610 CONGRESSIONAL RECORD — SENATE February 2, 2017 Gorsuch as ‘‘one of the most thought- coal jobs. One study actually estimated tion. Any one Democrat can require it. ful and brilliant judges to have served that this regulation would put as many Many already have. It was a bar met by our nation over the last century.’’ Over as one-third of coal-related jobs at each of Obama’s nominations; each re- the last century. That is President risk. That is why the Kentucky Coal ceived 60 votes. Most importantly, it is Obama’s Supreme Court lawyer. Association called it ‘‘a regulation in the right thing to do. And I would note The left-leaning Denver Post re- search of a problem.’’ They joined with that a 60-vote threshold was reached by cently highlighted Judge Gorsuch’s the United Mine Workers of American each of them either in cloture or in the reputation as a ‘‘brilliant legal mind’’ and the attorneys general of 14 States actual vote. who applies the law ‘‘fairly and con- on both sides of the aisle urging Con- On a subject as important as a Su- sistently.’’ gress to act. We should heed their call preme Court nomination, bipartisan I am happy to report that we have now and begin bringing relief to coal support is essential and should be a even been assured by liberal talk show country. Today’s vote on this resolu- prerequisite. That is what a 60-vote host Rachel Maddow that Gorsuch is ‘‘a tion represents a good step in that di- threshold does; 60 votes produces a relatively mainstream choice.’’ Rachel rection. mainstream candidate. And the need Maddow. Once our work is complete on this for a mainstream consensus candidate Turns out, in the years since Judge legislation, we will turn to another is greater now than ever before because Gorsuch’s unopposed Senate confirma- House-passed resolution that will pro- we are in major new territory in two tion, he has shown himself to be the tect American companies from being at ways. very kind of judge everyone hoped he a disadvantage when doing business First, because the Supreme Court, would be, one who demonstrates a overseas. Although the Securities and under Chief Justice Roberts, has shown ‘‘sense of fairness and impartiality’’ Exchange Commission may have had increasing drift to become a more and that Democratic then-Senator Salazar good intentions, the resource extrac- more pro-business Court—siding more lauded him for in 2006, which Salazar tion rule costs American public compa- and more with corporations, employ- called a ‘‘keystone for being a judge.’’ nies up to nearly $600 million annually ers, and special interests over working That was the Democratic Senator from and gives foreign-owned businesses in and average Americans—we need a Colorado when he was confirmed in Russia and China an advantage over mainstream nominee to help reverse 2006. American workers. We all want to in- that trend, not accelerate it. I will re- That was Judge Neil Gorsuch’s rep- crease transparency, but we should not mind my colleagues, that is how Presi- utation back then, and it is his richly raise costs on American businesses, dent Trump campaigned, but his nomi- deserved reputation still, as those in only to benefit their international nee seems not to be in that direction at both parties who have known and competition. Let’s send the SEC back all—not for the average working person worked with him continue to tell us. to the drawing board to promote trans- but, rather, for special business inter- As one Democrat and Denver attorney parency without the high costs or neg- ests. put it, Judge Gorsuch is ‘‘smart [and] ative impacts on American businesses. Second, given that this administra- he’s independent.’’ The things we have These CRA resolutions keep the in- tion—at least at its outset—seems to heard from so many about Judge terests of American families and work- have less respect for the rule of law Gorsuch—smart and independent, fair ers in mind. Today, we will continue to than any in recent memory and is test- and impartial, thoughtful and bril- chip away at the regulation legacy of ing the very fabric of our Constitution liant—are just the qualities we should the Obama years, with more CRA reso- within the first 20 days, there is a spe- expect in our next Supreme Court Jus- lutions in the coming days as well. cial burden on this nominee to be an tice. They are the same qualities I am Let’s pass these two resolutions independent jurist, someone who ap- confident Judge Gorsuch will bring to without delay so we can send them to proaches the Court without ideological the Court. the President’s desk and continue giv- blinders, who has a history of oper- f ing the power back to the people. ating outside and above politics, and CONGRESSIONAL REVIEW ACT I suggest the absence of a quorum. who has the strength of will to stand The ACTING PRESIDENT pro tem- RESOLUTIONS up to a President who has already pore. The clerk will call the roll. shown a willingness to bend the Con- Mr. MCCONNELL. Mr. President, this The bill clerk proceeded to call the stitution. Republican-led Congress is committed roll. Requiring 60 votes has always been to fulfilling our promises to the Amer- Mr. SCHUMER. Mr. President, I ask the right thing to do on Supreme Court ican people. That work continues now unanimous consent that the order for nominations, especially in these polar- as we consider legislation to push back the quorum call be rescinded. ized times. But now in this new era of against the harmful regulations from The ACTING PRESIDENT pro tem- the Court, in this new administration, the Obama administration. On its way pore. Without objection, it is so or- there is an even heavier weight on this out the door, the Obama administra- dered. tradition. And if the nominee cannot tion forced nearly 40—40—major and f gain the 60 votes, cannot garner bipar- very costly regulations on the Amer- tisan support of some significance, ican people. Fortunately, we now have RECOGNITION OF THE MINORITY LEADER then the answer is not to change the the opportunity to work with a new rules; the answer is to change the President to begin bringing relief from The ACTING PRESIDENT pro tem- nominee and find someone who can those burdensome regulations. pore. The Democratic leader is recog- gain those 60 votes. Last night, the House sent us two nized. Changing the rules for something as resolutions under the Congressional f important as the Supreme Court gets Review Act—one of the best tools at NOMINATION OF NEIL GORSUCH rid of the tradition, eliminates the tra- our disposal to undo these heavy- dition of mainstream nominees who handed regulations. Mr. SCHUMER. Mr. President, I have bipartisan support. It would be so, This afternoon, the Senate will have spoke at length about the Supreme so wrong to do. I know many of my col- the opportunity to pass the first of Court nomination yesterday, but I just leagues on the other side are hesitant these resolutions, a measure to over- want to underscore a few points. We in to do it, and I hope they will remain turn the stream buffer rule. The resolu- the Senate have a constitutional duty strong in that regard. tion before us now is identical to the to examine the record of Judge one I introduced earlier this week, and Gorsuch robustly, exhaustively, and f it aims to put a stop to the former ad- comprehensively, and then advise and ministration’s blatant attack on coal consent, as we see fit. We have a re- NOMINATIONS OF BETSY DEVOS miners. In my home State of Kentucky sponsibility to reject if we do not. AND ANDREW PUZDER and others across the Nation, the We Democrats will insist on a rig- Mr. SCHUMER. Now, on another stream buffer rule will cause major orous but fair process. Part of that matter, the pending nominations of the damage to communities and threaten process entails 60 votes for confirma- President’s Cabinet, again, we are in

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Mr. President, this has mense power in our government and a normal Cabinet. never happened before. wield enormous influence over the lives I have never seen a Cabinet this full The White House will, in effect, get of average Americans: their wages and of bankers and billionaires, folks with two deciding votes in the Senate on a the education of their children, for in- massive conflicts of interest and such nominee to the President’s Cabinet: stance. little experience or expertise in the the Vice President and the nominee for To spend a few more days on the areas they will oversee. Many of the Attorney General, our friend Senator process is well worth it. And if they nominees have philosophies that cut SESSIONS. prove unfit for the austere and power- against the very nature of the Depart- It highlights the stunning depth of ful roles they are about to take up, ment to which they were nominated. concern this nominee has engendered then it is our responsibility, as Sen- Let me give you two examples this in Republicans and Democrats alike. It ators who advise and consent, to reject morning: Betsy DeVos, the nominee for is clear now that Senators of both par- their nomination. the Department of Education, and An- ties agree she is not qualified to be f drew Puzder, nominee for the Labor Secretary of Education. And I would Department. hope that my colleagues on the other UKRAINE First, Betsy DeVos. When you judge side of the aisle—this is such an impor- Mr. SCHUMER. One final point: I her in three areas—conflicts of inter- tant position; the nominee is so want to take a moment to mention est, basic competence, and ideology, laddered on issue after issue after issue Ukraine. views on education policy—it is clear that we could get someone better. I Yesterday Rex Tillerson was sworn in that Betsy DeVos is unfit for the job of don’t think it will be that hard. It will as Secretary of State. In addition to Education Secretary. be President Trump’s nominee. It will dealing with the fallout from the Presi- In all three areas, ideology, com- not be us deciding, but it will be some- dent’s first engagements with Aus- petence, and conflicts of interest, she one who has basic competence, fewer tralia and Mexico, I want to call the rates among the lowest of any Cabinet conflicts of interest, and, above all, a Secretary’s attention to the situation nominee I have ever seen. At her hear- commitment to public education. in Ukraine. ing, she didn’t seem to know basic So I urge my Republican colleagues, Since President Trump’s call with facts about Federal education law that friends, to stand up and reject Betsy Mr. Putin last weekend, there has been guarantee education to students with DeVos, as the Cleveland Plain Dealer a significant increase in violence. I disabilities. She didn’t seem to know urged in an editorial this morning. hope Secretary Tillerson will ensure the basic facts of a long simmering de- This is not a normal nominee, once that there is a strong statement from bate in education policy measuring again. In my view, when I dipped into the Trump administration condemning growth proficiency. And in her ethics her record and how she performed in these escalatory actions by the Rus- agreement, which was delivered to the her brief hearing, she has not earned sians. committee after her first hearing, it and should not receive the Senate’s ap- I also hope my Republican counter- was revealed that she would keep inter- proval. parts will start doing what they did ests in several companies that benefit Second, the nominee for the Depart- last year every time this happened: from millions of dollars in contracts ment of Labor, Andrew Puzder. The Come to the floor and demand that the from the Department of Education, hearing for his nomination has now Senate act on tough sanctions against which she would oversee. been delayed four times because he Russia. As I have said before, Russia There was a rush to push her still hasn’t submitted key paperwork remains a strategic threat to our Na- through—one round of questions, 5 laying out his disclosures and detailing tion, and countering them needs to re- minutes each. Why? Why did someone a plan for divesting, if necessary, to main a deeply bipartisan effort. generally as fair as the chairman of avoid conflicts of interest. But that Mr. President, I yield the floor. that committee do that? My guess, an might be the least of the Senate’s con- educated guess: He knew how incom- cerns. f petent this nominee was, how poorly This is a nominee who is being sued DISAPPROVING A RULE SUB- she fared under normal questions, and by dozens of former employees due to MITTED BY THE DEPARTMENT the idea was to rush her through. workplace violations. This is a nomi- OF THE INTERIOR Well, that is not what we should be nee who has repeatedly attacked the doing on something as important as minimum wage, opposed the overtime The ACTING PRESIDENT pro tem- this. And if the nominee can’t with- rule, and advocated for more automa- pore. Under the previous order, the stand a certain amount of scrutiny, tion and fewer jobs. He talked about— Senate will resume consideration of they shouldn’t be the nominee. I think in very positive terms—robots H.J. Res. 38, which the clerk will re- The glaring concerns have led two of and how they may run the fast food in- port. my Republican colleagues, the Sen- dustry. This is a nominee for Secretary The bill clerk read as follows: ators from Maine and Alaska, to pledge of Labor who not only wants workers A joint resolution (H.J. Res. 38) dis- a vote against her confirmation, leav- to earn less, he wants fewer workers. approving the rule submitted by the Depart- ing her nomination deadlocked at 50 to For several of these Cabinet posi- ment of the Interior known as the Stream Protection Rule. 50. I believe both of them cited the fact tions, it seems the President has that in their State, charter schools are searched for candidates whose philoso- The ACTING PRESIDENT pro tem- not the big issue; it is public schools. phies are diametrically opposed to the pore. Under the previous order, there How are we going to treat public very purposes of their Departments. will now be 6 hours of debate, equally schools? Particularly in rural areas, as For Education, pick someone with no divided in the usual form. I am sure my friend the Presiding Offi- experience in public schools and has The Democratic whip. cer knows, there is not a choice of spent her career advocating against NOMINATION OF NEIL GORSUCH schools outside the major metropolitan them. For Labor, pick someone who Mr. DURBIN. Mr. President, I lis- areas, the major cities. If you don’t has spent his career trying to keep the tened carefully this morning to the have a good public school, you have wages of his employees low and advo- statement made by the Republican ma- nothing. So particularly people from cated against policies that benefit jority leader, and I was a little bit curi- the rural States should be worried, in workers. ous as to what he was trying to say be- my judgment, about our nominee’s Again, I repeat: This is not your typ- cause he talked about a judicial nomi- commitment to public education. ical Cabinet. This is highly, highly un- nee who rated unanimously ‘‘well For the first time ever, we have the usual. qualified’’ by the American Bar Asso- chance that the Vice President and a So when my Republican colleagues ciation, who received kudos from Re- pending Cabinet nominee, the nominee come to the floor every day to com- publicans and Democrats alike, includ- for Attorney General, Senator SES- plain about delays and holdups, I would ing Members of the Senate, who went

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We think requires. was, of course, President Obama’s this is the first time in the history of If my Republican colleagues com- nominee to fill the vacancy on the Su- the United States that a new President plain about the process for Judge preme Court. within the first 10 days had an Execu- Gorsuch, just remember that no one Senator MCCONNELL this morning tive order stopped in the Federal ran a worse process on a Supreme said repeatedly: So what has changed courts. It shows how controversial that Court nominee than my Republican since the first time Judge Gorsuch order was, that the Federal courts colleagues themselves did for Merrick came before the Senate? Senator would step in with this brand new Garland. They really have no right to MCCONNELL, what has changed is you, President and say: Stop. This has to be complain. what you did when Merrick Garland’s weighed as to whether it is legal or Now that President Trump has nomi- name was sent up. For the first time constitutional. nated Judge Gorsuch, Senators will ever in the history of the U.S. Senate, Then on Monday there was the un- embark on a thorough review of his Senator MCCONNELL denied a hearing precedented firing of an Attorney Gen- record. He was confirmed to the Tenth and a vote to a Presidential nominee to eral who refused to defend President Circuit in 2006, but the level of scrutiny the Supreme Court. It never happened Trump’s unlawful Executive order in is far higher for Supreme Court nomi- before, not once in history. And if you court. President Trump moved up his nees and lifetime appointments to the think, well, maybe the Democrats Supreme Court announcement to try to High Court. He now has a lengthy judi- didn’t have a chance to show the same change the headlines. In doing so, he cial record which we will review care- steel will, the same political deter- made it even more clear how critical it fully. mination, in the last year of his Presi- is that we have an independent judicial There are parts of his record that al- dency, Ronald Reagan nominated An- system, not a rubberstamp for the ready raise questions and concerns. In thony Kennedy to fill a vacancy on the President. It’s especially vital at this recent years, we have watched the Su- Supreme Court. He sent the nomina- moment in our history. preme Court transform into a cor- tion down to the Senate. I believe Sen- President Trump and his agenda are porate Court, where all too often cases ator Biden was the chairman of the Ju- likely to come before the Supreme seem to break for the big corporations, diciary Committee at the time. There Court eventually. From his violations regularly against the little guy. We was a Democratic majority. In the last of the Constitution’s emoluments need a Supreme Court that gives the year of Reagan’s Presidency, a so- clause to his unprecedented Executive American people a fair shot against called lameduck year by Senator actions, President Trump is likely to corporate elites, corporate special in- MCCONNELL’s description, the Demo- keep the High Court busy. We need terests. Judge Gorsuch’s record as a cratic majority in the Senate gave Justices on the Supreme Court who are judge and advocate raises concerns as President Reagan the respect of hon- truly independent. to whether he would hasten that trend oring his constitutional responsibility President Trump’s announcement toward a corporate court. to fill the vacancy and sent Anthony came 10 months and 15 days after a I note that yesterday, Reuters pub- Kennedy to serve on the Supreme White House announcement about an- lished an article entitled ‘‘As Private Court. So Senator MCCONNELL has other Supreme Court nominee I men- Lawyer, Trump High Court Pick Was asked what has changed. He has tioned earlier, Judge Merrick Garland, Friend to Business.’’ The article said changed. He has changed the Senate. perhaps the most well-qualified, main- that while Judge Gorsuch was in pri- And here is the good news for him. stream, independent nominee to come vate practice, he ‘‘often fought on be- We are not going to forswear our own before the Senate. Merrick Garland is a half of business interests, including ef- demands that a Presidential nominee son of Illinois, a good man, and an out- forts to curb securities class action for the Supreme Court is deserving of a standing judge. Judge Gorsuch himself lawsuits, experience that could mould hearing and a vote. I said that over and once described Judge Merrick Garland his thinking if he is confirmed as a [Su- over again when Merrick Garland was as ‘‘among the finest lawyers of his preme Court] justice.’’ being stonewalled by Senator MCCON- generation.’’ During his time on the bench, Judge NELL and the Republicans in the Sen- Merrick Garland was subjected to un- Gorsuch appears to have a consistent ate. I will say it again. I do believe the precedented obstruction by Senate Re- pattern of favoring companies over President’s nominee has a right to a publicans and Senator MCCONNELL. Re- workers in cases involving employment hearing and a vote. That nominee also publican Senators simply ignored their discrimination, worker safety, and has a responsibility to show us that he constitutional responsibility to con- other matters. That is why we need to is not only qualified to serve on an im- sider this nomination, for political rea- carefully review his record. portant appellate court but to serve sons. It was worse than a filibuster. Judge Gorsuch must also answer im- with a lifetime appointment to the Do you remember the time when Sen- portant questions about his views on highest Court in the land. ator MCCONNELL and a number of oth- issues of fundamental importance to On Tuesday night, President Trump ers in the leadership said they would American people, such as our right to announced he would nominate the not even meet with the President’s privacy. Is there anything more impor- Tenth Circuit Court Judge Neil nominee—would not even give him the tant? Almost on a daily basis we are Gorsuch to the Supreme Court. It is courtesy of a meeting? Merrick Gar- being asked if we are ready to give up important to put that nomination in land was the first Supreme Court nomi- a little more of our privacy. We know context. This is not a run-of-the-mill nee in our Nation’s history to be denied that corporate interests and business nomination. It is an extraordinary any consideration by the Senate—no interests are collecting data on us. We time in America’s history. President hearing, no vote—nothing. It was can find it every time we log on to the Trump’s announcement was actually shameful. Internet and there is this cascade of supposed to happen today. Why was it I took an oath of office to support ads on the side of the page asking us if sped up? Why did they hurry it up? and defend the Constitution—every we want to buy something that we just Well, because of the avalanche of criti- Senator does—and to bear true faith happened to buy a couple months ago. cism being heaped on the Trump ad- and allegiance to it. I take it seriously. We know as well that information is ministration for their Executive orders Even though my Republican colleagues being catalogued carefully and being on refugees and immigration. They had chose to ignore their responsibilities used by business interests to promote to change the subject. After dozens of when it came to filling that Supreme their products and to categorize us as legal immigrants were detained at air- Court vacancy in an election year, I Americans. We also believe—I think ports over the weekend solely because know we have a constitutional respon- there are even some Republicans who

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At Since the confirmation of Justice to at a later time when I go into more that last heartbreaking moment when Clarence Thomas in 1991, Supreme detail about my support for Judge a family member has to decide about Court Justices have had to show they Gorsuch and why I think he is exactly the medical care for someone who is can pass the threshold of 60 votes to the type of individual we want to see nearing death, is that going to be sub- get confirmed. I expect nothing less named to the Supreme Court, but the ject to a court order or is that going to from this nominee. Justice Elena comment has been made, not only by be a decision made privately by a fam- Kagan, nominated by President Obama, my colleague from Illinois but from ily? At that moment when a family received 63 votes; Justice Sonya others, that somehow or other Judge faces the pregnancy of a teenage girl in Sotomayor, nominated by President Gorsuch is for Big Business and not the the household, is that a family decision Obama, received 68 votes; Justice Sam little guy. It seems that the criticism or is that a decision where government Alito had a cloture vote where he re- is based on this viewpoint that courts has the last word? The Supreme Court ceived 72 votes and subsequently re- should not defer to Federal agency in- decides this, and we need to ask Judge ceived 58 votes for his actual confirma- terpretations of their own rules, and Gorsuch what he thinks and under- tion; Justice Roberts, 78 votes; Justice certainly Big Business is a frequent stand clearly what he says. Breyer, 87; Justice Ginsburg, 96. challenger of government overreach. We also believe that when it comes to Judge Gorsuch has a burden to bear. But, as the Presiding Officer and I both our security—not just our privacy but He has to demonstrate that he is a know, so are ordinary Americans—peo- our security—the Supreme Court time nominee who will uphold and defend ple like John Sturgeon, an Alaskan and again will have the last word. the Constitution for the benefit of all who took on the Federal Government, When it comes to the issue of safety, of us, not just for the advantage of a took on the agencies, and took on the health, and environmental protection, privileged few. Park Service because he was told he where will this new Supreme Court I take my constitutional responsi- could not use a hovercraft in an area nominee be? Is he going to bend toward bility very seriously when it comes to where he had operated one for decades. the corporate interests and look the the Supreme Court. As a member of the John Sturgeon, with the help of a few other way as we face climate change, Judiciary Committee, I am reviewing friends, who did everything from ga- the pollution of streams, the contami- the record and preparing questions to rage sales to fund his litigation, and nation of our drinking water, and dan- ask the nominee. It is going to take with just the generosity out of their gers to our public health? If he is going some time. It usually does, several own pockets, took all the way to the to rule consistently for the corporate months. But my Republican colleagues Supreme Court the question of whether interest no matter what, he certainly have kept this seat vacant since Feb- or not the Park Service’s regulation doesn’t, as far as I am concerned, rep- ruary of last year, so they don’t have had exceeded their legal authority. resent the values we need on the Su- any basis for arguing and complaining I happen to believe very strongly preme Court. He needs to answer ques- that we just have to move on this real- that Judge Gorsuch is clearly on the tions as well on immigration, privacy, ly fast. right track here when he questions the campaign finance, and voting rights. I am sorry we are not considering the deference that courts give to our gov- Like Justice Scalia, Judge Gorsuch nomination of Merrick Garland, an ernment agencies. I think most Alas- professes to be an originalist. Let me eminently qualified mainstream judge kans would probably agree with us on address that for a moment. I have been who deserved better treatment than he this point—that when we are talking with the Judiciary Committee for quite received from Senate Republicans and about the scales of justice, they should a few years. Time and again, whether it Senator MCCONNELL. No one deserved not be tipped in favor of our Federal is the nominee for Attorney General or the treatment Merrick Garland re- agencies. nominees for the High Court, here is ceived. Again, I am pleased to hear that the the cliche we are given: We are just With my oath to support and defend minority whip agrees that a filibuster going to apply the rule of law, what- the Constitution in mind, I will con- is not appropriate, is not the way to ever the law says. That is what we do. sider Judge Gorsuch’s nomination pur- proceed with this fine nominee. I look We are originalists. I call that the suant to the Senate’s role of advise and forward to learning more about Judge robotic view of justice; that if you just consent. I will strive to be thorough, Gorsuch but also to be able to share plug in the facts, a computer can tell fair, and focused on the important more of my observations at a later you the answer because a computer principles I have discussed today. point in time. compares it to the law. Yet we know I yield the floor. Mr. President, I wish to join my col- better. We know judges make decisions The ACTING PRESIDENT pro tem- leagues in support of H.J. Res. 38 to based on a variety of concerns, and pore. The Senator from the great State disapprove and nullify the Department they weigh some facts more carefully of Alaska. of Interior’s so-called stream protec- and give some facts more strength than Ms. MURKOWSKI. Thank you, Mr. tion rule. I wish to begin my comments others. This rule of law by robotic jus- President. by thanking Majority Leader MCCON- tice is a fiction. We know that each I come to the floor this morning to NELL and Senator CAPITO of West Vir- nominee, whether from a Democrat or speak on the resolution of disapproval ginia for sponsoring the Senate version Republican, brings views to the Court that is before us, but I want to make of this resolution. I also wish to note that will decide how many cases will just a few comments following my col- that I am proud to be listed with the lean. league, the minority whip. Presiding Officer as a cosponsor on this Judge Gorsuch has to answer the I am pleased to hear him say that he bipartisan measure with 28 colleagues questions forthrightly. There is a cot- does look forward to the opportunity in support. tage industry of teaching nominees to for a hearing on Judge Gorsuch and the Now, by name alone, the stream pro- give thoughtful nonanswers to impor- opportunity for a vote. I think we rec- tection rule may sound pretty inno- tant questions. That will not cut it for ognize that we have in front of us an cent, pretty well intentioned, but as we me or many of my colleagues. The individual who has truly a stellar legal have heard and as we will hear American people want honest, candid reputation, who has committed himself throughout this debate, the reality is candidates for the bench. to the law in a remarkable way. When really different. This regulation will We know Judge Gorsuch is the hand- he was before this Senate for confirma- have severe economic impacts. It will picked nominee by President Trump tion leading up to the Tenth Circuit, he cost us jobs. It will cost us revenues as and has been lauded by rightwing orga- enjoyed very strong support. I would well as affordable energy all across our nizations all over the United States. like to think that on yet further re- country. They hope he will be a dependable vote view of this very strong individual, our By way of background, the rule re- in their favor, but he has to dem- colleagues will do the due diligence vises longstanding regulations for coal

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If you Then, finally, the U.S. Chamber of Obama administration has made, but it are doubting the statistics—if you are Commerce noted that the rule ‘‘exceeds hardly does justice to the sweeping saying, well, I am hearing certain the Department’s authority, will cause substance of the changes or the delib- things on one side and others on an- significant economic harm and job erately opaque process that the Obama other—you need to talk to people out losses, and interferes with long- administration followed to make them. there. We did that. Instead of just tak- standing and successful state efforts to SMCRA is supposed to be an example ing what the Obama administration protect water quality.’’ of cooperative federalism, and many said, we went out and we asked people. It is very clear to me that this rule States have approved programs that Last March, I held a field hearing of simply cannot stand. We have an op- allow them to regulate coal mining the Energy and Natural Resources portunity here to make sure that is the within their own borders. But beyond Committee, and we held the field hear- case. So if you are concerned about that, the law explicitly directs the Fed- ing up in Fairbanks, AK. Among our families paying more for their heating eral Government to work with States witnesses was a woman by the name of and their electricity bills, you should to engage with them whenever any Lorali Simon. The occupant of the support this resolution. If you are wor- changes are made. So it requires a high Chair knows her well. She works for ried about job losses due to access re- level of cooperation and collaboration. Usibelli Coal Mine, an initially family- strictions and rising energy costs, you Contrary to the collaborative mood owned and operated coal mine—which should support this resolution. And, if intended by SMCRA, the Obama ad- has been very successful—and provides you care about States’ rights, which so ministration chose to draft the stream coal and power to the residents of the many of us do, or overregulation by the protection rule behind closed doors. It Interior, and has been for a long time. Federal Government, which we clearly ignored the input and recommenda- Ms. Simon spoke about how coal re- do, you should support this resolution. tions that were provided by States and sources contribute significantly to our I have noted to a couple of people other stakeholders. It subverted the State by providing jobs and a reliable today that this is a pretty good day to law, basically, to meet its own policy energy source. be debating a disapproval resolution objectives, which was to keep the coal She explained that coal is the cheap- under the Congressional Review Act. It in the ground. Ultimately, that is what est source of energy in Interior Alaska is Groundhog Day, and it is exactly they wanted to do, and it finalized a for everything from the local commu- what the last 8 years have felt like for rule that will shut down coal mining in nity to our military bases there and anyone who has paid attention to the several regions in our country, includ- how usability has helped to create regulations that were just churned out ing possibly in Alaska, if it is allowed business for others like our Alaska by the Obama administration. The SPR to stand. railroad. She also highlighted the rule is a perfect place to start as we Now, the Obama administration broader picture about how coal sort through the major burdens that claimed that this rule would cost only strengthens our national and energy the last administration imposed $81 million a year and that it did not security. So those are all good things, through its relentless regulatory ac- qualify as what is considered ‘‘eco- in my book. tions. nomically significant’’ as a rule, as a But Lorali also testified about the So, again, I wish to thank Leader result of that. We will likely hear that stream protection rule. She said that, MCCONNELL and Senator CAPITO for number touted by some of the oppo- if the rule was finalized as it was pro- sponsoring and leading this legislation, nents of this resolution and probably posed—which it has been—it will likely and know that I intend to vote for it. I some who will claim that we are exag- kill all coal development in Alaska. urge my colleagues to do the same. gerating the impact. But I don’t think She also noted that Congress passed With that, I yield the floor. we should forget how the Obama ad- SMCRA, but during the Obama admin- I suggest the absence of a quorum. ministration determined that the rule istration, she said: ‘‘We were seeing The ACTING PRESIDENT pro tem- was insignificant in the first place. unelected federal employees violate pore. The clerk will call the roll. In January of 2011, the Associated legislative intent, which will kill The legislative clerk proceeded to Press obtained documents showing America’s coal industry.’’ call the roll. that this rule was projected to elimi- Now, Lorali Simon is not alone in her Ms. CANTWELL. Madam President, I nate 7,000 direct jobs across the coun- criticisms or her opposition to this ask unanimous consent that the order try. So instead of going back and fixing rule. Our Governor in Alaska, an Inde- for the quorum call be rescinded. the rule to avoid these potential job pendent by the name of Governor Bill The PRESIDING OFFICER (Mrs. losses, what happened? The Depart- Walker, recently noted that it was one FISCHER). Without objection, it is so ment of Interior fired the independent of the worst of many different actions ordered. contractor that had made the projec- the Obama administration took to Ms. CANTWELL. Madam President, I tion. So, effectively, we have a situa- limit resource development in our see my colleague from Texas. Did he tion where the Department essentially State of Alaska. want to make remarks in leader time? cooks the books instead of fixing the The attorneys general of 14 different Madam President, I come to the floor rule. It then took steps to rebrand the States wrote: to talk about the action today in the rule, changing the name from the The rule would have a disastrous effect on Senate, which is to try to overrun the ‘‘stream buffer zone rule’’ to the coal miners, their families, workers in af- clean water rule as it relates to the ‘‘stream protection rule’’ making the fected industries, and their communities. It mining industry. rule sound rather innocuous. would also impose very significant costs on The bottom line is, polluters should So what the American people should American consumers of electricity, while un- pay for the pollution, and that is what know is that there is a real discrepancy dermining our Nation’s energy supply. the rule says, and that is what is try- between the economic impacts the That is pretty tough—not only a dis- ing to be overrun today after a very Obama administration estimated and astrous effect on the coal miners but short debate in the Senate. what other sources project will happen the cost on American consumers of Some of my colleagues on the other if the rule is left in place. The projec- electricity, undermining our Nation’s side of the aisle would like to say it is tion is that up to 30 percent of the di- energy supply. about the coal industry and a war on rect jobs in coal mining will be lost, The Interstate Mining Compact Com- coal. If they are so concerned about the and domestic coal production will fall mission described this rule as a ‘‘bur- coal industry, I would suggest to them

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The EPA is right asked the Senate to live up to their entists and regulators have been developing to move more firmly to protect health and promise that was made and put their a clearer understanding of the environ- the environment. health on the line and make sure that mental consequences. They aren’t pretty. We are right to defend this rule and In the 1990s, coal miners began using large they had a pension program. More than law and say that polluters should pay. equipment to strip away mountaintops in Madam President, I yield the floor. 20,000 retired coal miners are at risk of states such as West Virginia. The technique losing their health care if we do noth- made it economical for them to extract more The PRESIDING OFFICER. The ma- ing by April, and they have a very coal from troublesome seams in the rock, jority whip. small pension—averaging about $530 a which might be too small for traditional Mr. CORNYN. Madam President, yes- month—that is also at risk. mining or lodged in unstable formations. En- terday the Senate took up legislation I know some of my colleagues would vironmentalists were appalled, but the prac- to block the stream buffer rule, which like to believe this is somehow entirely tice spread and now accounts for more than is a job-killing regulation from the 40 percent of West Virginia coal production. related to a war on coal, but that nar- Obama administration—something the Burning coal has a host of drawbacks: It Obama administration will be long re- rative ignores the facts. In 2008, right produces both planet-warming carbon diox- before the financial crisis, the United ide and deadly conventional air pollutants. membered for—a regulatory overreach Mine Workers’ pension plan was 93 per- Removing layers of mountaintop in the ex- that strangled the growth of our econ- cent funded—in 2008, 93 percent funded. traction process aggravates the damage. The omy and the jobs that come along with Its actuaries projected it was on track displaced earth must go somewhere, typi- it. This is a prime example of a mis- to reach full funding in several years. cally into adjoining valleys, affecting nomer, though. It is not really about So this notion that somehow the dis- streams that run through them. The dust protecting streams, as it claims, but that’s blown into the air on mountaintop re- about killing the coal industry and en- cussion behind the scenes by the Inte- moval sites, meanwhile, is suspected to be rior Department or the EPA caused an ergy production in our country. unhealthy for mine workers and nearby com- One of the things that have caused implosion in the mining industry and munities. thereby they didn’t have resources is Scientists have recently produced evidence our economy to grow historically has not the case. What is the case is that backing up both concerns. Over the summer, been access to low-cost energy, but un- the financial crisis hit, and Wall Street a U.S. Geological Survey study compared fortunately this regulation has made speculators blew up our economy, cost- streams near mountaintop removal oper- that not possible in coal country, tak- ing it $14 trillion—according to the ations to streams farther away. In what ing many jobs along with it and I think should be ‘‘a global hotspot for fish biodiver- Dallas Fed—and many in this body in part, at least, responsible for the sity,’’ according to Nathan Hitt, one of the vote President Trump got in many bailed them out. But we did nothing to authors, the researchers found decimated bail out the miner pension program. fish populations, with untold consequences parts of the country that felt left be- Those pensions were thrown into crisis. for downstream river systems. The scientists hind by the economy and because of By 2009, the United Mine Workers’ plan noted changes in stream chemistry: Salts job-killing regulations like the stream had dropped from the 93-percent funded from the disturbed earth appear to have dis- buffer rule. level down to the low seventies—a 20- solved in the water, which may well have NOMINATION OF NEIL GORSUCH percent drop in a single year. So de- disturbed the food chain. Madam President, yesterday I had Last week, the Charleston Gazette re- the chance to meet with Judge Gorsuch spite the fact that the plan was well ported on a new study finding that dust from managed, the investment returns con- mountaintop removal mining appears to con- personally, the man President Trump tinued to be problematic. Wall Street— tribute to greater risk of lung cancer. West nominated to serve on the U.S. Su- not the Department of the Interior or Virginia University researchers took dust preme Court. EPA—is the reason mine workers have samples from several towns near the moun- It is plain to me now why President so much challenge today. taintop removal sites and tested them on Trump selected him to be the nominee If they care so much about the min- lung cells, which changed for the worse. The for the seat vacated by the death of ing industry and the workers, then findings fit into a larger, hazardous picture: Justice Scalia. Judge Gorsuch’s experi- People living near these sites experience ence, intellect, and background make bring that legislation forward on the higher rates of cancer and birth defects. floor of the Senate today instead of him uniquely qualified and qualify him trying to overturn a rule that says pol- Again, all this is from the Wash- as a mainstream nominee. That seems luters should pay. ington Post editorial. to be the nomenclature that has been These safe drinking water issues and With these sorts of problems in mind, the embraced by our colleagues across the fishing issues are so important to an Environmental Protection Agency is taking aisle. They said they hope President a more skeptical look at mountaintop re- Trump nominates a mainstream nomi- outdoor economy that employs a mil- moval mining permits. The Clean Water Act lion-plus workers and is a vital part of gives the government wide authority over in- nee. Well, he did. But I fully expect our practically every State’s economy. The dustrial operations that change rivers and colleagues across the aisle to try to notion that somehow this is a jobs streams. paint him as some sort of extremist, issue—if they want to protect jobs in The EPA has already used its efforts, which they can’t do based upon his dis- the outdoor industry, then please allow in some cases where there was concern, tinguished record on the Tenth Circuit people to fish in rivers where they to revoke a permit and has instructed Court of Appeals for the last 10 years don’t have to worry about selenium. its branches and offices to be more as a Federal judge or his previous life. This is a big issue, whether talking careful. They are going to have to make things about Montana, Colorado, Washington, The coal industry and its allies— up in order to cause people to believe or the State of Alaska. this nominee is not a mainstream And we have heard some of them I will say that the Alaskan issues of nominee. salmon and habitat far outweigh the here— I look forward to working with my 113 jobs the Alaska coal industry pro- are howling. Skeptics of mountaintop re- colleagues on the Judiciary Committee duces. Both can be seen as valuable moval, one industry pamphlet insisted, ‘‘pro- to do our job of advice and consent and mote an anti-coal, anti-business agenda that jobs, but if we want to know about an uses environmental issues as a mere pawn to to see the nomination come to the economic impact to the State, it is redistribute wealth, grab power, and put floor, where I hope he will be con- dwarfed by the issue of making sure forth liberal, social ideology. The GOP-con- firmed. I trust he will be confirmed one salmon have clean rivers and streams trolled House passed a bill that would strip way or the other. to migrate through. the EPA of some of its permitting power. Unfortunately, Senate Democrats— This legislation today is about trying But just this month— particularly their leader, the Senator to protect those waters. I would again Because that was a couple years from New York—have already an- say that the effects of mountaintop re- ago— nounced that they will fight tooth and

VerDate Sep 11 2014 23:18 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.009 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S616 CONGRESSIONAL RECORD — SENATE February 2, 2017 nail against any nominee put forward their constituents. Unfortunately, this nately, our Democratic colleagues’ bad by President Trump. Predictably, the type of behavior has become par for the habits on the Finance Committee have minority leader has made clear that he course throughout the first days of spilled over to the Environment and will try to filibuster the President’s President Trump’s administration. We Public Works Committee, and they choice. It has been ironic to watch him have seen other examples of slow-walk- chose to boycott that hearing as well. come here and extol the virtues of the ing nominations, invoking every proce- Notwithstanding that boycott, the ma- 60-vote cloture requirement for con- dural rule that there is to deny unani- jority of the committee did vote out firming a Supreme Court Justice when mous consent—the sort of normal cour- the nomination, and we will take that he and the rest of his colleagues in- tesies that go along with working in up soon. voked the so-called nuclear option to the Senate on technical or procedural This lack of cooperation is unprece- change the Senate rules by breaking matters. dented. It really is unprecedented. At those rules and reducing the cloture re- We have seen countless examples of this point in 2009, President Obama had quirement for lower Federal court their slowing down the nomination 11 of his Cabinet members confirmed judges and Cabinet members to 51. process intentionally, even for highly by the Senate—11. Today we have only We see what happened as a result of qualified candidates. five confirmed, and many of those who that action. Now they find themselves On the Judiciary Committee, on have been confirmed were slow-walked on the receiving end of that 51-vote re- which I also sit, there is another exam- by our Democratic colleagues for one quirement caused by the nuclear op- ple with respect to the nomination for lame excuse or another. This is not be- tion. So much for immediate gratifi- Attorney General of Senator JEFF SES- cause President Trump’s nominees cation and not so much for taking the SIONS, a well-respected colleague in aren’t qualified; it is because our col- long view in terms of how the Senate this Chamber. I am glad we were fi- leagues on the other side of the aisle are determined to undermine this new ought to operate. nally able to move his nomination out This sort of resistance mentality of the committee yesterday. But the President and his administration, no that has grown up among our col- truth is that even though many Demo- matter what cost is paid by the coun- leagues on the other side of the aisle crats on the committee had worked try. After the election, President Obama, ignores the fact that we had an elec- side by side with Senator SESSIONS and to his credit, talked about the impor- tion on November 8. The American peo- had cosponsored legislation with him, tance of a peaceful transition of power ple made their choice, and it is plain they themselves said what a good man from one administration to the next. that our Democratic colleagues are he was. They voted against him after Some of our colleagues who are now simply not happy about the choice slowing down this obvious choice to obstructing this President’s Cabinet they made and are going to undermine lead the Justice Department. members have also paid lipservice to a President Trump talks about drain- and resist this President no matter peaceful transition of power. What we ing the swamp in Washington, DC. The what, particularly when it comes to are seeing is a hostile transition of staffing his Cabinet with the people he biggest swamp in Washington, DC, has power—mindless obstruction, foot has chosen to serve the Nation as part been a Justice Department headed by dragging, and delay for delay’s sake. of his administration. Eric Holder and, sadly, by his successor Let me remind them once again that The American people also indicated Loretta Lynch. They have refused to the American people voted on Novem- they wanted us to move forward, away enforce the rule of law and instead ber 8 and chose a President who has the from the bickering, away from the turned that into a political outpost for authority to nominate the people he gridlock, away from this mentality the Obama administration. Attorney sees fit to serve on his Cabinet. We that we were here to serve someone General JEFF SESSIONS is going to can’t afford to let this administration else other than the American people. change that. He is going to enforce the operate with one hand tied behind its They want results, not politics as law, and he will respect the law no back for the foreseeable future. We usual. I think that is the lesson we all matter who wins and who loses because need to do our job and provide the should have learned from this last elec- his duty is to the Constitution and President and the country with the ex- tion. The sad reality is that it is in- laws of the United States and to en- perts and advisers that the administra- creasingly clear to me that my Demo- force those laws as Attorney General tion needs to keep our country safe and cratic colleagues didn’t learn the right and, yes, to defend those laws. to keep government functioning for the lesson last November and are trying to Some of our Senate colleagues were people. bring the Chamber to a standstill. shocked when Deputy Attorney Gen- I hope soon—I am not optimistic, but Thanks to the nuclear option that eral Sally Yates—although the Office I hope that soon our Senate Democrats then-Majority Leader Senator Reid of Legal Counsel said that the Execu- will start working with us and not championed and which all of our Demo- tive order issued by the President was against us and, more importantly, cratic friends voted for, they are not legal and proper in its form—wrote a against the interests of the American going to be able to stop President letter saying she was instructing the people who sent them here. Trump’s nominees to the Cabinet be- line lawyers in the Justice Department TRIBUTE TO LINDA BAZACO cause all it requires is 51 votes. Yes, not to defend it in court. President Madam President, I want to spend a they can slow it down, but they can’t Trump fired her, and he should have. few minutes recognizing an extraor- stop it. My question is, What purpose is That is political grandstanding by dinary public servant on my staff who to be served from keeping the Presi- somebody who should know better, served in a unique capacity that many dent fully staffed with the Cabinet that considering her distinguished career at may not know exists. he has chosen, knowing that you are the Department of Justice for the last One of the most important things we ultimately going to lose the fight? 30 years. get to do as Members of Congress is to Unfortunately, this is not about the I don’t know who gave her the bad act as the intermediary or intercessor Senate alone. This is about the Amer- advice, but I am glad that President between our constituents and a Federal ican people. For 2 days in a row, Senate Trump decided to fire someone who ba- Government that sometimes is not re- Democrats on the Finance Committee, sically defied their duties to the De- sponsive, particularly in dealing with which has been one of the most bipar- partment of Justice and to the U.S. Federal agencies. For instance, when tisan committees in the U.S. Senate— Government and preferred to take the somebody isn’t receiving their proper our Democratic colleagues, each and side of politics and misinformation. check from the Social Security Admin- every one of them, boycotted the meet- We know that the Senate is con- istration or is having trouble getting ings to consider President Trump’s tinuing with other nominations as an appointment at a Veterans Adminis- nominees. well. I see this morning that the Envi- tration clinic or is in need of assistance I sit on the Finance Committee. As I ronment and Public Works Committee with foreign adoptions, where do they said, it has historically been a bipar- finally voted out the nomination of the turn? They turn to people like Linda tisan committee, but our Democratic attorney general of Oklahoma, Scott Bazaco, who heads my casework pro- colleagues chose to relinquish their re- Pruitt, for Director of the Environ- gram in Dallas, TX, and is going to be sponsibility and ignore their duties to mental Protection Agency. Unfortu- retiring soon.

VerDate Sep 11 2014 23:18 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.010 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S617 I am proud to say that we do our very Senators, Linda, thank you for your Court. These lifetime appointments are best to make sure that the 28 million service. established under article III in the Con- people I have the privilege of rep- Madam President, I yield the floor. stitution and are the ultimate author- resenting get the very best help pos- The PRESIDING OFFICER. The Sen- ity over all of the Federal courts and sible to help navigate the very real and ator from Washington. State court cases involving Federal very personal issues that involve the Ms. CANTWELL. I know we are going law. Federal bureaucracy. That way, my of- back and forth. I wish to inquire if my Since it was established, the deci- fice—specifically my constituent serv- colleague seeks to speak. sions the Supreme Court has made ices or what we call my casework Go ahead because we are expecting have guided and altered the course of team—can help ensure that no Texan someone on our side. our Nation. The decisions it makes who reaches out to us slips between the The PRESIDING OFFICER. The Sen- often have long-lasting ramifications, cracks. ator from South Dakota. that in one vote can dramatically alter In some circles, apparently, we have Mr. ROUNDS. Madam President, I the course of our country. Based on a reputation for bragging in Texas, but ask to speak as in morning business for what I know of Judge Gorsuch, I be- I have to say my staff are some of the up to 5 minutes. lieve he has the aptitude for this life- absolutely best in the field when it The PRESIDING OFFICER. Without time appointment. He is greatly re- comes to getting responses for Texans objection, it is so ordered. spected on both sides of the aisle. In from Federal agencies. I like to say NOMINATION OF NEIL GORSUCH fact, he was previously confirmed to that if it can be done, it will be done. Mr. ROUNDS. Madam President, I the U.S. Court of Appeals for the Tenth In that way, we play an important role rise today to discuss President Trump’s Circuit unanimously, and not a single in holding the bureaucracy accountable Supreme Court nominee, Judge Neil M. Republican or Democratic Member of and reminding the Federal Government Gorsuch. the Senate dissented. As such, we ex- who their customer really is. It is the As you know, the vacancy exists be- pect the Senate will continue its tradi- taxpayers to whom they ought to be re- cause last year Supreme Court Justice tion of approving highly competent, sponsive. They shouldn’t need to call Antonin Scalia died suddenly at the qualified individuals to the Supreme their Senator or their Congressman or age of 79, leaving an unexpected va- Court in an up-or-down vote, following Congresswoman in order to get re- cancy on our Nation’s highest Court. a thorough vetting process. sponses from the Federal Government, As I said at the time of his passing, I thank President Trump for nomi- but, in fact, sometimes they do, and replacing Justice Scalia, one of the nating to the Supreme Court a judge sometimes—well, it is our privilege to Court’s strongest defenders of our Con- who has lived up to the Scalia gold help. stitution, would be extremely difficult. standard. I also thank the American As I indicated, the person who has For nearly three decades, with his bril- people who voted in November in sup- led this effort in my office for the last liant legal mind and animated char- port of our efforts to retain Scalia’s many years is Linda Bazaco, someone acter, Justice Scalia fiercely fought legacy on the Court when his replace- whom I came to know after she worked against judicial activism and legis- ment is confirmed. for my predecessor, Senator Phil lating from the bench. To say our next Perhaps most importantly, I thank Gramm. Linda fervently believes in the Justice has big shoes to fill would be Judge Gorsuch for his lifelong commit- concept of government accountability an incredible understatement. That is ment to defending our Constitution and has developed a way to get the an- why the decision was made early on by and applying the law as it was written. swers that Texans need and deserve. Leader MCCONNELL and others to give If confirmed, I am confident he will be As I indicated, she started under my the American people a voice in this an outstanding member of the U.S. Su- predecessor, Senator Phil Gramm, process, by waiting to confirm the next preme Court. about 27 years ago. Today, Linda’s sys- Justice until the 45th President was in I yield the floor. tem has become the gold standard for office and able to nominate someone The PRESIDING OFFICER. The Sen- other elected officials to get results on him or herself. We held that belief, ator from Washington. behalf of their constituents and, in even when it looked like our party Ms. CANTWELL. Madam President, I doing so, has impacted constituents’ would not win the Presidency. would like to continue the debate on lives in profound ways: benefits, As we have been reminded before, the measure before the Senate, which checks, expedited passports, medical elections have consequences. The is to basically overturn a provision care, or even the most basic—simply a American people chose to elect Presi- that would require coal polluters to return phone call from an agency. All dent Trump, who throughout his cam- make sure they clean up the damage the while, Linda has done this with en- paign said that he would nominate they do to the clean water streams of thusiasm and with an eye toward qual- someone in the mold of the late Justice our Nation. ity and getting results for the people of Scalia. With his pick of Judge Gorsuch, We are here today because the agen- Texas. President Trump made an excellent cy who is in charge of setting these Linda, along with the team she has choice in fulfilling that promise. We rules has finalized a rule. They did so built, has pushed the government to be believe Judge Gorsuch espouses the after more than 5 years of discussion. more accountable and responsive to the same approach to constitutional inter- They set it because there was so much tens of thousands of Texans who have pretation as Justice Scalia and has a scientific information about the great reached out to my office and, in most strong understanding of federalism degradation to our streams caused by cases, will never know she was their se- upon which our country is built. mining, when rocks are blown up and cret weapon. Because the current makeup of the selenium is introduced into the stream. Soon Linda will be taking on another Court is evenly split between I have pictures I showed last night of challenge. After serving the 28 million conservative- and liberal-leaning Jus- deformed fish, pictures of river streams people of Texas for nearly 27 years now, tices, this ninth spot is as important as that are polluted. I have pictures of ob- she will take up an even more impor- it has ever been. The next Justice has vious degradation of the environment tant role; that is, a full-time grand- the potential to hold incredible influ- around them. mother extraordinaire. I couldn’t be ence over the ideological direction of The real issue is, the rule is now in prouder of having someone of her cal- the Court for a generation to come. place, and my colleagues want to ex- iber as a leader on my team, and I wish The Supreme Court is the final author- empt the coal industry from such regu- her and her husband Val and her three ity for interpreting Federal laws and lation. Why would you want to exempt children and her five beautiful grand- the Constitution. It is one of the most anybody from cleaning up their mess? children the absolute best in the next important responsibilities found within Polluters should pay. I know my col- chapter of their lives. our federalism. leagues are starting to chorus on some On behalf of all the generations of Since our very first Supreme Court— refrain about the economy, which Texans you have helped over the dec- Justice James Wilson took the oath of makes no sense. Natural gas has driven ades, the staff members you have led office in October of 1789—there have a very competitive market to con- along the way, and at least two U.S. been just 112 Justices to serve on the suming more natural gas than coal,

VerDate Sep 11 2014 23:18 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.012 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S618 CONGRESSIONAL RECORD — SENATE February 2, 2017 and Wall Street blew up the pension cies, and two of its largest companies, ment, they want to fish, they want to program of the miners, and now it is in underwent a 30-day review.’’ What was hunt, they want to recreate, and they jeopardy. If you want to help miners, that about? That was about the State want an opportunity to do so. As a then come address their health and of Kentucky failing to implement the company, I can attract the best and safety and their pension program. If old law. This was in 2010. The State of the brightest because they know they you want to make natural gas more ex- Kentucky’s Attorney General—they are going to live in that kind of envi- pensive, maybe you could make coal were such laggards at this—people sued ronment. competitive again, but I don’t think the companies in the State because the The notion that this kind of ‘‘let us that is what we really want in Amer- State wasn’t doing its job. Eventually, make sure the coal industry doesn’t ica. they uncovered, as the article says, have to play by the rules, they get an My colleagues somehow ignore the ‘‘massive failures by the industry to exemption from clean water’’ is some fact that the people of the United file accurate water discharge moni- sort of economic strategy for the fu- States of America are going to demand toring reports. They filed an intent to ture of coal country, it is absolutely clean water one way or another. You sue, which triggered the investigation not. can protect the coal industry here with by the State’s energy and environ- Saying that AGs are going to do the special interests and the amount of mental cabinet.’’ The notion that job, we have many examples of where lobbying they do, or you can step up States are on the job and doing their they haven’t. There are also examples this process and have a regulation that job in Kentucky—they weren’t. from Ohio and Pennsylvania, where the works for the United States of America A State case was provoked by other degradation is so bad it is nearly im- so the outdoor industry, sportsmen and people who were monitoring for clean possible to clean up. fishermen—who have many more jobs— water. It is our prerogative to set a Let us talk a little bit about the can continue to thrive. Why do I say standard for miners to clean up their comparison of jobs from outdoor indus- that? Because my colleague from Texas mess. That is what we are talking try and the coal industry. It is not to brought up the EPA nominee, Mr. Pru- about. Now the other side of the aisle demean the jobs of the coal industry itt, who is coming to us from Okla- wants to overturn that, saying that and the individuals who have worked homa. I found, with great pleasure, the polluters don’t have to pay. their whole lives in that sector or to same arguments that the other side of How did we get to this situation? As say that one job is better than the the aisle is trying to make, they tried mentioned, the past administration other. There are over 6 million jobs di- to make in Oklahoma. ‘‘Oh, my gosh. It worked hard at coming up with a rectly in the outdoor industry. They is environmental regulation that is stream protection rule. Why did they generate $80 billion in tax revenue, but stopping us from producing a greater, come up with a new stream protection if you come to Montana and there is a more robust farming economy. We need rule? Because it had been 33 years since mine on top of a stream and people to do something to stop those unto- we had a stream protection rule. The don’t want to go there to fish and ward regulations.’’ old rule did not prohibit mining recreate anymore, then you have What did they do? They had a big ini- through streams. Guess what? Neither caused damage. What are we talking tiative for the ballot that basically does the new rule. The new rule says about by State? Let’s look at it. Mon- said: Let’s make it really hard for any- you are not prohibited from mining tana, there are 64,000 jobs related to body to regulate in regard to farming, through a stream, but by gosh you outdoor recreation. Why? Because unless they show it is somehow in the ought to be required to mitigate the Montana is beautiful. It has so many greater State interest. Even in red- mess you create in the water system by streams. I mentioned last night that state Oklahoma, they got it. They mining through that stream. wonderful movie called ‘‘A River Runs knew it was a fast run on the Clean We are talking about mitigation re- Through It.’’ It doesn’t say, ‘‘A River Water Act, and they defeated that basi- quirements, and we are talking about Runs Through It and a Mountaintop cally 60 to 40. measurements. Why do we need that? Mine Sits on Top of It.’’ That is not If we want to have a debate by de- Because since 1983, when the previous what that movie was about. It was bate, State by State, a discussion rule was put in place—we now know about the beauty of the great outdoors. about clean water because people here that things like selenium cause very There are 122,000 recreation jobs in will not defend the right for people to bad things to happen in water, with Utah. There are 125,000 in Colorado, have clean streams, then we will have rocks and the discharge. We know sele- 50,000 in Wyoming. There are 28,000 in that debate. My colleagues sometimes nium can cause the deformation of fish North Dakota. Are people down here try to say: Well, this is what attorneys and that eating those fish can make defending those jobs? I am defending general are concerned about. Some of you sick. That is why we want to have them because a clean stream is a great them don’t like the rule. You have a rule to understand the impacts and source of recreation for people. I don’t ample opportunity to change the rule. to mitigate for them. I think about want to fish or hike in a stream with You could come here and propose legis- this particular picture, and the defor- selenium that could poison me or poi- lation. You could ask your colleagues mation in the fish tail and in the fish son other people. What is wrong with now to do something and move forward lip—the front end of the fish—are ex- polluters paying? I say nothing. on an alternative, but that is not what treme examples of what selenium is The economic cost of this legislation is happening. This egregious approach doing in our water supply. Why would is very minimal. The industry would be is not only getting rid of a rule that you not want—as someone blowing up a responsible for less than .01 percent of currently protects us, for safe streams, mountaintop and creating this kind of the economic cost; that is, the pollu- but because it is a Congressional Re- stream damage, why would you not tion that would be required to clean up view Act overriding that rule, it will want them to mitigate that? Why from this type of effort would be mini- prohibit us from taking up, in the same would you want to protect them? Be- mal to the industry. So what are they fashion, an approach to make sure this cause you think you are protecting complaining about? What are they is regulated in the future. That is some coal industry jobs that basically complaining about? They don’t want to right. Turning down the rule this way have fallen off because natural gas has measure selenium in the water. They will stop an agency from doing the job become a cheaper product? Your eco- don’t want to be responsible for miti- it is supposed to do. Why not just leave nomic strategy is a race to the bottom. gating it. it to the States? That is like saying: I You think if you have the lowest envi- The economic challenges that the in- am going to leave clean air, clean ronmental standards in the United dustry faces from natural gas have water, or nuclear waste cleanup to States of America, that is somehow nothing to do with this issue. This whatever a State decides. That is not going to generate jobs? I think it is issue is about whether polluters should what Federal law is about. just the opposite. I have so many peo- pay and whether we as a body are going Here is an editorial from Kentucky ple in Washington State who say: I to not only overturn this rule that is where a ‘‘proposed $660,000 settlement can’t attract employees unless we have about clean water and safety for our of the Clean Water Act violations be- a clean environment here because peo- communities by having streams pro- tween the State’s environmental agen- ple want to live in a clean environ- tected. It is also about whether we are

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.014 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S619 going to preclude another administra- hard-working Alaskans, my constitu- Many of my colleagues—all of whom tive approach to fixing this issue. ents. So I am particularly pleased that I respect highly—on the other side of The Congressional Review Act is a the first of these actions—and we are the aisle, my Democratic colleagues, very large cannon blowing a hole in the going to be using the Congressional Re- came down to the floor. They were say- clean water requirements for the coal view Act a lot because the economy ing how coal miners of America were industry. Once you turn this down, you and families in America need relief—in under siege, how they needed help. cannot easily reinstate something new. the Senate is to nullify the so-called They were talking about my good So our colleagues on the other side of stream buffer rule of the Department friend and colleague Senator MANCHIN’s the aisle, if they truly wanted to do of Interior. bill with regard to protecting coal something about this, could come to My colleague and friend, the senior miner pensions, which, by the way, I the floor today and say: I propose Senator from Alaska, Ms. MURKOWSKI, am a cosponsor of. something different. President Trump, was down on the floor a little bit about So I agree about protecting our coal if he wanted to propose something dif- ago. She described just how sweeping miners, but I watched a lot of those re- ferent that both guaranteed clean this rule was in scope and how despite marks. My colleagues were down on water and moved us forward, he could the Federal law called SMACRA, which the floor for several hours, but what I propose something. Instead, they sim- requires cooperative Federalism, work- found very ironic was that I looked at ply want to repeal this. ing closely with the States, the Obama a lot of these Senators and asked: So this chart shows just what I have administration did not give the States Where were you during this 8-year war been referring to; that coal basically any input—certainly not my State. against coal miners? What were you now in 2016 is getting beat by natural But what I wanted to talk about on doing? I hate to say it, but a lot of gas. It is getting beat by natural gas this rule in particular and why it is so them were allies in the Obama admin- important to have not just Republicans because it has become a cheaper istration’s assault on hard-working but Democrats—and I am going to en- source. We are not going to get into families and coal miners. the details of how that happened, but courage my colleagues on the other I am not saying that about my good side of the aisle to please support this we are going to say here today that the friend from West Virginia, JOE resolution of disapproval—why it so notion that you want to let them off MANCHIN, but there were a lot who important we vote for this resolution the hook from meeting environmental were. Heck, some were even leading the of disapproval today is because of the rules and regulations as a way to be charge, but, nevertheless, several were coal miners in America—the coal min- competitive is a dangerous, dangerous down here on the floor right before the ers in America, who have been under precedent for the United States to be holidays lamenting about what has incredible strain and their families. setting. The vote we take today is going to happened to the coal miners in Amer- We will not win, and our economy offer them the first signs of relief in ica. So to my colleagues who were will not win from that situation. What years. Now, there were projections by down here shedding tears for America’s we have to do instead is make sure the Department of Interior’s own con- coal miners in December, I want to that we are taking care of our environ- tractors—as my colleague, Senator offer a challenge to you. Here is your ment and being competitive in all sorts MURKOWSKI, mentioned a little bit chance. Here is your chance. This is a of industry issues. For example, this ago—that thousands of coal miners rule that our own Federal Government story was about, in West Virginia, how would lose their jobs because of this has said will put thousands of coal mountaintop mining caused a fish spe- rule—thousands. miners out of work. If you really care cies to disappear. ‘‘We are seeing sig- A study showed that estimates would about the coal miners of America, nificant reductions of the species of be one-third of coal miners, coal-min- whether in West Virginia or Alaska, abundant fish downstream from mining ing jobs in the country were at risk be- come down on the Senate floor this operations.’’ cause of this rule. That is a big deal. afternoon when we have this vote and To me, that would be an anathema in That is a big deal. One-third. Studies vote for this resolution of disapproval, the Pacific Northwest. Fishing is ev- are showing that by the Department of if you want to help the coal miners, if erything. If somehow we were involved Interior’s own contractor. But not to you want to turn this around so there in a mining process that was killing worry, the Obama administration is no war against them, led by the Fed- fish, that would be the worst thing that issued the rule anyway. Again, as my eral Government. Its own studies said: could happen to our economy. There is colleague Senator MURKOWSKI men- Yep. Sorry. You and your families are no reason for us not to set rules and tioned, there were concerns—very le- going to be out of work. If you really regulations to make sure the mining gitimate concerns in my State—that care like you were saying in December, industry cleans up their mess. this rule could literally kill every coal- then come down to the floor today and I hope our colleagues will understand mining job in Alaska, at the Usibelli vote for this resolution. how detrimental this rule is. Do not coal mine in interior Alaska. I yield the floor. give the mining companies an exemp- So what was the so-called stream The PRESIDING OFFICER. The Sen- tion from cleaning up messes in their buffer rule really about? What was it? ator from Washington. streams. Let’s say that we are going to Well, I think we all know. It was the Ms. CANTWELL. Madam President, I do the public interest and not special last salvo in the Obama administra- think my colleague from Massachu- interests. tion’s arsenal in the war on coal min- setts is here on the floor to speak. I I yield the floor. ers, a war that has left thousands of will let him have some time. The PRESIDING OFFICER. The Sen- hard-working Americans out of work, I would say to my colleague from ator from Alaska. injured, in despair in its wake. That is Alaska, the real bait-and-switch is the Mr. SULLIVAN. Madam President, what happened. Just look at what hap- side of this aisle that allows the Fi- today we are going to be voting on the pened. Look at our own Federal Gov- nance Committee to pretend like it is first of what will be many resolutions ernment going to war against hard- going to do something on the pension of disapproval under the Congressional working Americans. That is what hap- program and votes a month before the Review Act to roll back the avalanche pened for 8 years—disgraceful in my election, and then after the election, of Federal regulations that the Obama view. fails to act on such an important issue. administration placed on the U.S. Now it is time to fight back. Now it I hope people are not advocating pollu- economy and, most importantly, the is time to fight back. Now it is time for tion as an economic strategy because it working men and women of this great this body to show coal miners in Amer- will not work. country. ica that we are actually on their side The PRESIDING OFFICER. The Sen- Nowhere have these regulations been and not against them and not trying to ator from Massachusetts. more of a burden than on the energy ruin them and their families. I want to Mr. MARKEY. Madam President, I industry of America, which employs recount a recent colloquy by a bunch of thank the Senator from Washington millions, millions of Americans— my colleagues from the other side of State for her tremendous leadership on Democrats, Republicans, good, hard- the aisle from last December—right be- all of these environmental issues, working Americans, and thousands of fore recess. which are now on the table in our

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.015 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S620 CONGRESSIONAL RECORD — SENATE February 2, 2017 country for the first time in a genera- metals destroy water quality for near- to do in order to maintain the high tion. by residents and ruin ecosystems. standards that we have created for the TRIBUTE TO BILL BONNAVILLIAN The rule that the Republicans are at- protection of families over the last Before I turn to the resolution the tempting to repeal today protects the generation. Senate is debating, I want to take a public health and drinking water of Last year, electricity generation minute to recognize the contributions millions of American citizens in Appa- from natural gas surpassed that from of Bill Bonnavillian to advancing lachia and elsewhere across our coun- coal for the first time since 1949, when America’s science and technology pol- try. data collection began. Why? To quote icy. Last month, Bill stepped down as The rule requires that lead, arsenic, the Department of Energy: the head of the Washington office of selenium, and other toxic pollutants The recent decline in the generation share the Massachusetts Institute of Tech- are monitored. It requires that streams of coal, and the rise in the share of natural nology after 11 years. that are damaged or destroyed must be gas, was a market-driven response to lower Bill’s leadership of the office contin- restored. natural gas prices that have made natural ued MIT’s historic role of providing a Now, the majority likes to say that gas generation more economically attrac- there is a war on coal, but the only war tive. vision for advancing science policy and Between 2000 and 2008, coal was signifi- ensuring that knowledge generated at that coal is losing is in the free market cantly less expensive than natural gas. How- MIT was relevant and available for pol- to natural gas, to wind, to solar. These ever, beginning in 2009, large amounts of nat- icymakers in Washington, DC. His are the sources of electricity that the ural gas produced from shale formations leadership will be missed at the MIT utilities of our country, that the citi- changed the balance. Washington office, but I am glad to zens of our country have been moving While the cost of coal has risen by 10 know he will be staying engaged with to over the last 10 to 15 years. There is percent since 2008, the cost of natural the MIT community. I hope he will a war going on in the marketplace. gas has fallen by more than 60 percent. continue to provide guidance to this Adam Smith is spinning in his grave For a power producer considering new body since now, more than ever, we as he listens to the Republicans trying generation capacity, the lifetime cost need science to inform the decisions we to protect an industry from market of electricity from a new coal-fired are making on the Senate floor. forces. Adam Smith is actually spin- powerplant is 67 percent higher than Today, Madam President, congres- ning so fast in his grave that he could from a new natural gas powerplant and sional Republicans are beginning the qualify as a new energy source for our 17 percent than from a newly con- process of going one by one to overturn country. That is how shocked he would structed wind farm, according to the commonsense rules that have long been be about this attempt to undermine National Academy of Sciences. opposed by the oil and gas, coal, and the public health and safety in our The reason no one is building coal- other industries in the United States of country on behalf of an industry that is fired powerplants is very clear: It is the America. The majority is trying to losing a battle in the marketplace. free market. Coal cannot compete in undo these rules by deploying a rarely It is the free market that ultimately the free market. In 2016, we added more used procedural tool known as the Con- is causing these changes, and the coal than 14,000 new megawatts of solar. We gressional Review Act. industry is saying: Please protect us are going to add 7 to 8,000 new In fact, the majority is talking about from having to protect the public megawatts of wind. We are going to using the Congressional Review Act, or health and safety—clean air, clean add nearly 9,000 new megawatts of nat- CRA, so often that it could actually water. Please protect us from having to ural gas, and we added virtually no new get hard to keep track of which indus- protect families affected by our indus- megawatts of coal-fired generation in try is benefitting from week to week to tries. our country. We are projected to add week from the Republicans’ use of the A few years ago, we generated rough- no new coal generation this year as CRA. I brought down a helpful tool so ly 50 percent of our electricity from well. It will be more natural gas, more the viewers at home can keep track of coal. Now it is down to 30 percent of all wind, and more solar. which industries are benefitting each electricity generated in our country The marketplace is rejecting coal as week from Republicans using the CRA from coal—50 percent to 30 percent of a source of electricity. The market- to roll back protections for public all electricity in a handful of years. place is doing that. This isn’t a con- health, for clean air, for clean water, Coal has been replaced in the free spiracy. It is competition in the free for clean soil, for the health of the fam- market by natural gas, which has market. ilies in our country. grown from a little over 20 percent of Lest my colleagues think that this is So let’s consult our wheel to see who U.S. electricity generation a decade just happening in the United States, it is the big winner of the GOP giveaway ago to 35 percent today. That is coal’s is not. More than half of all electrical this week. big problem—natural gas, another fos- generating capacity added in the world Up first are the mining and the coal sil fuel, but one that emits one-half of last year was renewable. industries. They are the first big win- the greenhouse gas pollutants as does Let me say that again. More than ners of the GOP Congressional Review coal. half of all new electrical generating ca- Act wheel of giveaways. That is right. Coal has also been replaced by clean pacity added in the world last year was First up for repeal by the Republican energy, by wind, especially, which has from renewable energy—wind and Congress are public health protections grown by 5 to 6 percent of our genera- solar—across the planet. against the toxic practice of mountain- tion, and by solar, which is now 1 per- China recently announced that it in- top removal coal mining. cent of our generation. tends to invest $360 billion on renew- These protections were put in place In other words, if you go back to 2005 able energy by 2020. They intend to cre- by the Obama administration because a and you look at our country, natural ate 13 million Chinese jobs in renew- Bush-era rule was thrown out by the gas was a relatively small percentage able energy in that time. courts. These commonsense rules to of electrical generation, and so were This isn’t a conspiracy. It is competi- monitor and ultimately restore wind and solar. As we debate this issue tion, and the competition for those streams impacted by coal mining are here today, wind and solar are now up clean energy jobs is global. despised by the coal industry. Those to 7 percent of all electricity generated When we started carrying iPhones, it that created the problem despise any in our country, up from 1 percent just wasn’t a war on black rotary dial rules that would require remedying the a little bit more than 10 years ago. It is phones; it was a technological revolu- problem, as it affected public health— growing so fast as a preference for tion. When we started using Macs and no surprise. American industry, American utilities, PCs, it wasn’t a war on typewriters; it Mountaintop removal mining is one and American homes, that it poses a was a technological revolution. The of the most environmentally destruc- marketplace threat. horseless carriage wasn’t a war on tive practices on Earth. Mountains are So what we need to do now, finally, is horses; it was a technological revolu- turned into barren plateaus. Streams to have the big debate out here as to tion that moved us to automobiles. in the bottoms of nearby valleys are what are the implications for public The move away from coal and oil to- filled with debris and buried. Heavy health and safety and what do we have ward clean energy and natural gas isn’t

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.016 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S621 a war; it is a revolution—an American- the heart of that issue. What the coal homa but Nebraska and many other made free market revolution. industry is doing is using the justifica- States—what is the most serious prob- We now have more than 400,000 Amer- tion of their need to be competitive lem they have, they would say it is the icans employed in the solar and wind with the natural gas, wind, and solar overregulation of the EPA. If you ask industries. By 2020, there are projected industries, a battle they are losing in them, of all the regulations, which to be 600,000 Americans working in the financial marketplace, as a jus- ones are the most difficult for the these clean energy industries. It is not tification for undermining the public farmers out there trying to scratch a a war. It is a revolution. health of our country so they can be living, they will say it is the regula- Now, next there is going to be an- more competitive. tions on water. other industry to win in the CRA, the In other words, the price to be paid Historically, the jurisdiction of water Congressional Review Act giveaway to make the coal industry more com- is a State jurisdiction. Now, a liberal game. That is right. The next winner petitive with other industries to which always wants that jurisdiction to be will be the oil and gas industries. they are losing market share in the with the Federal Government in Wash- Republicans intend to move to over- electrical generation market is that ington. That is their nature. I don’t turn a bipartisan requirement under the public health has to be com- criticize them for that. They believe the Dodd-Frank bill that publicly trad- promised and we have to turn a blind that. But if you ask the farmers in my ed oil, gas, and mining companies dis- eye to the impact on the children and State of Oklahoma, they will say they close to their investors when they the families in our country who are don’t want that to happen. Histori- make payments to foreign countries, being exposed to these dangerous cally, water has always been the but that requirement is vigorously op- chemicals. State’s jurisdiction, with the exception posed by ExxonMobil, the American That is the price we have to pay as a of navigable water. We understand that Petroleum Institute, and the oil and nation? It is unacceptably high. navigable water should have a Federal gas industry. So Adam Smith looks on, and Adam jurisdiction. In fact, I would have to Section 1504 of the Dodd-Frank Wall Smith judges us here today. say there was a real effort 6 years ago Street Reform and Consumer Protec- This marketplace defeat of coal by by a Senator who at that time was rep- tion Act was a bipartisan provision au- natural gas, wind, and solar is one that resenting the State of Wisconsin and a thored by Senators CARDIN and LUGAR. is being used to hurt children and hurt House Member who was representing a It requires oil, gas, and mining compa- families in our country. I do not think district in Minnesota. Those two indi- nies to disclose payments to foreign it is an acceptable position for our Na- viduals introduced legislation to take governments, and that is now in jeop- tion to take. I urge a rejection of that the word ‘‘navigable’’ out of water reg- ardy. motion. ulations so the Federal Government The Dodd-Frank disclosure rule goes I yield back to the leader of this ef- would have jurisdiction over all of the to the core of the Securities and Ex- fort on the Senate floor, the great Sen- water in the States as opposed to the change Commission’s mission of inves- ator from Washington. State having that jurisdiction. Not tor protection. Secret payments can The PRESIDING OFFICER (Mr. only did we defeat the legislation, but easily be expropriated by corrupt gov- SASSE). The Senator from Oklahoma. both of those Members were defeated in ernments. They can also be a signal Mr. INHOFE. Mr. President, first of the polls when they came up for reelec- that a company is involved in risky all, I appreciate the opportunity to get tion on that issue. The people are business overseas—risks that investors wedged in here. There are a number of clearly on our side. need to know about when making in- very interesting things happening Where does a CRA come in? A CRA is vestments. today. One is the CRA that I am very something that has been used to shed By eliminating this disclosure re- much concerned about. I know that my light on what we are doing here. I am quirement, using the Congressional Re- good friend from Massachusetts did not talking about with respect to our elect- view Act, we are potentially allowing misrepresent something intentionally; ed representatives. If there are regula- for oil companies to make secret, un- however, this is a little bit more com- tions that are punitive to the busi- disclosed payments to foreign govern- plicated than people think it is. nesses back home, when the Senator ments. Those could include payments I spoke earlier this week on our need goes back to his or her State, they can intended to gain an advantage over to roll back a lot of these regulations say: Well, that wasn’t I, that was an other companies or even bribes to for- that were handed down during the unelected bureaucrat who did that. I eign officials. Obama administration. They are all a am opposed to it. They have a shield so Eliminating this disclosure require- part of that War on Fossil Fuels, and people don’t really know where they ment could allow for oil companies to as you hear, that war is still going on stand. A CRA takes away that shield make secret payments to foreign na- with some of those individuals. How- because the CRA challenges a regula- tions that could have serious implica- ever, President Obama is gone, and now tion, and it has to be voted on, forcing tions for these nations and for inves- we have to look at some of these over- Members of the Senate and the House tors. regulations. to be responsible for how they are real- I urge my fellow Senators to reject For a number of years, I chaired the ly voting. It is a way of shedding light. these resolutions and keep in place the Environment and Public Works Com- We have a lot of CRAs coming. One is commonsense protections for public mittee. During that period of time, going to be a CRA that I sponsored health, clean water, and financial dis- that particular committee had the ju- having to do with a regulation in the closure. risdiction over the EPA, which is Dodd-Frank bill, in section 1504. As I Earlier today, the Republicans on the where most of the bad regulations mentioned, most of the overregulations Environment and Public Works Com- came from. When I say ‘‘bad regula- come from the EPA, but this particular mittee reported out the nomination of tions,’’ I am talking about the over- regulation didn’t come from the EPA. Oklahoma Attorney General Pruitt. regulations that make it very difficult It came from the Dodd-Frank banking Democrats on the committee have for our companies to compete with for- legislation having to do with financial grave concerns about his ability to up- eign companies that don’t have these services. It is in a section that had hold the EPA’s mission to ‘‘protect types of regulations. nothing to do with financial services. human health and the environment.’’ Let me share something that is not Section 1504 requires all information to So what we are talking about here is very well understood, and that is what be made public that would come from a the totality of a picture. The use of the a CRA really is. There are a lot of peo- bid. In the United States of America, CRA to—one by one by one—go after ple of the liberal persuasion who would our oil and gas companies are in the these environmental protections that like very much to have everything private sector, but in China it is run by have been put in place to increase the they could regulated in Washington, the government. If we are competing health of Americans, to reduce their DC. For example, one of the fights we for an oil and gas issue that might be exposure to arsenic, to lead, and to had was the WOTUS fight. If you ask in Tanzania and we are competing with other dangerous chemicals. This first any of the farmers and ranchers in China, China would be competing as a one that we are debating goes right to America—not just in my State of Okla- government, and we would be doing it

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.018 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S622 CONGRESSIONAL RECORD — SENATE February 2, 2017 in the private sector. Section 1504 re- There are others in the humanitarian ulation through the CRA and to repeal quires the private sector to disclose all community who have expressed con- section 1504 of Dodd-Frank and rewrite elements of their bid when they are cern to me that the CRA will under- it so it accomplishes the goal of stop- competing for a contract with China. mine efforts to fight corruption in ping corruption and at the same time The reason for this initially was to pre- other governments around the world. is not going to put us at a competitive clude a country’s leaders from at- Let me assure you that I support your disadvantage. tempting to steal money that was goal. With that, I yield the floor. given to them for a certain oil project. The courts were emphatic when they The PRESIDING OFFICER. The Sen- With this disclosure, they would not be said this regulation should be repealed. ator from West Virginia. able to do it. Well, you don’t have to In fact, it was taken down by the court Mr. MANCHIN. Mr. President, I rise have all the components of the bid. All way back in 2013. Well, it has come also to speak about the rule. I want ev- you have to have is the top line, how back up again. What we want to do is eryone to know that the State of West much money was actually sent to, in merely comply with what the courts Virginia has been a heavy-lifting State. this case, the country of Tanzania. told us to do in 2013, and that is to use We are a construction State. We mined The courts came along in 2014 and the CRA to knock out this section 1504 the coal that made the steel that built said this regulation was wrong. There and go back and rewrite it to take out the guns and factories that enabled our are a couple of problems. One problem merely the requirement for a break- Nation to defend us and gave us the is that there is no reason in the world down of all the individual elements of a great country we have. that you should have a mandate to dis- contract. That is something we intend We have done everything. There is no close all the details of a bid because to do. one in West Virginia, Oklahoma, or that is giving away information to the I see my good friend from West Vir- any extraction State who wants dirty competition, giving the other side an ginia, who I think would understand water or dirty air. Pitting people advantage. The other problem is the just as well as anyone that when I go against each other is just wrong. The expense of it. We are talking about $600 back to my State of Oklahoma, they way this comes down is that this is a million a year that would be borne by say to me: You have a President—this duplicative rule, this stream protection the private sector in America that was back when President Obama was rule that was put in place. China would not have to pay. So it President—who has a War on Fossil My colleagues know that last year only punishes those within the United Fuels. Fossil fuels are coal, oil, gas, the Department of Interior Office of States. and I would include nuclear. Coming Surface Mining and Reclamation En- After the courts threw this out, the from my State of Oklahoma, they ask: forcement basically decided to send the SEC should have reworked the rule. Explain how, if 89 percent of the power final stream protection rule to the They were instructed to rework the that is generated in America comes White House without fulfilling their rule so every detail of the bidding did from fossil fuels and nuclear and they obligations or even a request by myself not have to be disclosed, just the total are successful in doing away with it, to contact and work with the local au- amount. That solved the problem that how do we run this machine called thorities and to work with the States was perceived to be out there because America? The answer is, we can’t. We that are involved. They did nothing. then it would be known that so much have to have it. They would not reach out to us whatso- money, for instance, maybe a check for I think we all understand what we ever. This was one of many of Presi- $50 million, would go out, and we want to do is have this rule changed so dent Obama’s administration’s regula- wouldn’t have to break down the de- we are not put at a competitive dis- tions that absolutely crippled West advantage so we are able to go ahead tails of it. The main thing is, we need Virginia families and businesses with and compete with countries that have to know, in good government—and that no plan to replace or create new jobs or a government-run system. To be able was the intention in the first place— help these communities. to do that, we need to rewrite this par- how much money was going to a for- Not only is this rule very alarming in ticular act. Again, the courts have al- eign government. its scope and potential impacts, the Some have argued that the CRA is ready agreed to that and that is what rulemaking was executed in a very motivated by companies who want to we are attempting to do. flawed way. The rules by the Depart- For those concerned about the tim- get around transparency. That is clear- ment of Interior and Office of Surface ing and speed of the CRA, I have good ly not the case. The courts have said it Mining and Reclamation must be based news. The actual rule is not set to go is not the case. Oil and gas companies into effect until 2018 anyway. The more on comprehensive data that is avail- in particular are longstanding sup- swiftly we can enact the CRA, the able to stakeholders, particularly when porters of greater transparency initia- more time it will give us and the SEC those rules threaten to eliminate thou- tives such as the Extractive Industries to rework it. This is something that is sands of jobs. All we have asked was to Transparency Initiative, the EITI, that perfectly acceptable. come to the DEP, the West Virginia is a multilateral, multistakeholder Some of my critics say we can’t come Department of Environmental Protec- global initiative composed of energy back with a rule that is substantially tion, and tell us what is not working, companies, civil society organizations, the same. This will not be substan- tell us what you want us to do dif- and host governments. The EITI rules tially the same. Actually, this is what ferently, work with us and help us would apply equally to all companies the court recommended in 2013. strengthen where there is a flaw. that would be operating in a country. In closing, I want to ask this ques- Not once did we ever get that type of That would level the playing field. tion: If we put forth a rule that makes courtesy. States critical to the imple- We have also heard from those on the it harder for U.S. companies overseas, mentation of this rule were left out of left saying that voting to repeal the who will fill the void? The U.S. compa- the process in any meaningful way. rule would be a vote in favor of corrup- nies have the best environmental The Office of Surface Mining failed to tion. Yet, importantly, the United standards, the best labor practices, and work with States throughout this proc- States already has in place the Foreign the least corruption of many of the ess, despite the clear congressional in- Corrupt Practices Act, which prohibits other countries. However, if this vacu- tent. Furthermore, agencies should not the paying of bribes to foreign officials um is there, the business will go to be assuming duplicative rules that to assist in obtaining or trying to re- companies from China, India, and Mex- overlap regulations under other envi- tain business. The Federal Government ico that don’t care about pollution and ronmental laws such as the Clean is able to bring civil enforcement ac- don’t care about labor standards. That Water Act. tions against companies that violate is not what we want to have happen. This rule is excessive and duplica- this rule, and section 1504 of the Dodd- What we need to do is foster a strong tive. It has over 400 changes to the Sur- Frank Act did not change that. That competitive environment, with reduced face Mining Control and Reclamation was in place before and is still in place corruption overseas, for the benefit of Act—which is what we refer to as now. If we pass the CRA and eliminate those living under these governments. SMCRA—that duplicate existing prac- section 1504 of the Dodd-Frank Act, it So I invite my colleagues to join me tices and protections that the EPA and is not going to change things. in this effort to do away with this reg- the Army Corps already oversaw.

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.019 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S623 So, basically, we already have two sand and say: I am going to have what- down coal mining. That is the only agencies that have to do with any type ever I have. This will work fine. And I conclusion I could come up with. It of permitting that goes through the have no fossil. I don’t need fossil. wasn’t about clean air and clean water; EPA, in conjunction and in alliance I am sorry, the world doesn’t work it wasn’t about protecting this re- with the Army Corps. This overstepped that way. This country doesn’t work source; it was about shutting down the and took all the powers away from that way. The grid system—your light coal mines. them completely. Why would we want switch—doesn’t work that way. So this impacts not only the ability to duplicate? If we have an agency that So today once again I am standing on of our utilities to access this affordable is not doing its job, either change the behalf of West Virginians and common- and abundant resource, it hits thriving personnel or get rid of the agency; sense people all over this country, and rural communities throughout North don’t just create another duplicative we have a lot of them in West Virginia. Central North Dakota, communities role and another agency to oversee it. I ask my colleagues to hear their like Hazen, Washburn, and Beulah that During my time in the Senate, I have voices and vote in support of this reso- rely on coal for good-paying jobs, for been committed to policies that pro- lution that gets rid of these over- funding our schools, for fire protection, tect our coal-mining communities and reaching, duplicative rules that do for law enforcement and other commu- economies, and that is why I intro- nothing but create havoc on the econ- nity resources that allow our rural duced this resolution of disapproval to omy and the well-being of the citizens communities and healthy middle class undo this harmful, duplicative regula- of our great country. to thrive in the State of North Dakota. tion. Thank you, Mr. President. One-size-fits-all rules do not make I am a firm believer in the balance I yield the floor. any sense. And when you look at the between the economy and the environ- The PRESIDING OFFICER. The Sen- application of this rule and once-size- ment. I believe that everything we do ator from North Dakota. fits-all, it clearly makes no sense. The in life should have a balance, and we Ms. HEITKAMP. Mr. President, I beautiful mountains, forests, and should try to find that balance. But think all of us understand the gravity streams that dominate the West Vir- when you are trying to basically use of moving forward on a CRA. It is not ginia landscape, as just described by overreach, duplicative rules—a nui- a usual procedure; it is limited in my great friend Senator MANCHIN, are sance—which do nothing but create terms of filibuster rules, and it is ex- nothing like the rolling prairies, the havoc and make it almost impossible traordinary. In this case, unfortu- buttes, and the prairie potholes of to go forward, you can’t hire enough nately, it is necessary. Had the pre- North Dakota. How anyone can look at lawyers and enough accountants to get vious administration actually listened these two States and think that a rule through the paperwork the government and worked constructively with Sen- which is promulgated which will be can put on you. ator MANCHIN and me and my utilities universally applied can logically be ap- But never once, from any of us—from and the coal industry in North Dakota, plied to those two different land- West Virginia or any other State that we would not be standing here now. scapes—the logic of that completely es- does the heavy lifting—none of us This was a rule that had a specific in- capes me. think that we should discard the Clean tent of addressing mining practices in A rule that requires enhancements to Water Act or the Clean Air Act. Those Appalachia. Yet the former administra- the land, including trees and perma- are things that we will cherish and we tion made the rule applicable to the nent fencing to keep livestock away will protect, and those came about by entire country. from streams—well, in North Dakota, Republicans and Democrats working I don’t know that any of those folks we are pragmatists. Not only do we re- together—Republican administrations. drafting the rule had ever been to turn the land to the same or better We are all for that; we are just not for North Dakota to see just how different condition, we usually convert that land beating us over the head with a ham- our mining practices and geology are from farm or ranchland to this beau- mer when we can work to fix things if compared to Appalachia, so I invited tiful landscape we see here. we think there is an error. former Assistant Secretary Schneider I want everyone to understand what The consequences of this regulation out last year to take a look for herself. reclamation looks like. I want you all will have far-reaching impacts on the When she came out, she heard directly to understand that this used to be a future of coal mining and therefore all from North Dakota utilities, regu- strip mine. This used to be a big hole in other things we can count on. I think, lators, and coal companies, and she saw the ground producing coal. And over as the Senator from Oklahoma just how our operations differ and how my generations, and restoring this to the said, in West Virginia, we have what State is a national leader in reclama- topography—the biggest challenge we we call ‘‘all of the above’’ energy. We tion. Based on the final rule, it is ap- have in North Dakota is convincing the want all of the above to be used, and parent that the rule was already made original landowner, who would love it use it in the cleanest fashion, and de- before her visit, and the input of the to be straight so it is easier to farm, sign and develop new technologies that folks back home in my State, quite that we have to put it back the way it we can use and depend on. We depend honestly, was not taken seriously. was. on coal, we depend on natural gas, and North Dakota coal stakeholders esti- My colleagues can look at this land- we depend on nuclear power for the ma- mate that the rule could cost coal pro- scape, and they cannot tell me that the jority of our energy. ducers in North Dakota alone approxi- company that did this and the State The other thing I have said is that I mately $50 million annually in addi- that set the standards and the commit- believe we should be developing renew- tional compliance costs and take more ment that was made to reclamation ables also, and we are doing that. Wind, than 600 million tons of otherwise was not honored; that it is not working solar, biomass—we do everything. But mineable, affordable coal off the table. in North Dakota and that we need a if you believe that is going to run the I will tell you, when you look at the one-size-fits-all stream regulation to country in the energy you use every landscape of North Dakota and you are fix a problem that doesn’t exist—a day and take for granted, then tell me sitting there and you are explaining problem that is going to cost us $50 what 4 hours of the day you want your this and you are showing how one rule million and hundreds of jobs in my electricity to run. What 4 hours of the would require equipment to be moved, State. This is exactly why the people of day do you want your refrigerator to draglines to be moved, and how all of this country get frustrated, and the stay cold? What 4 hours of the day do that makes absolutely no sense in people of this country do not under- you want to heat your home? Tell me terms of the resource and, in fact, in stand why Washington, DC, thinks what 4 hours of the day you take for terms of the difficulty of actually they know it all. granted that anything and everything doing reclamation that needs to be As a matter of fact, our reclamation you want works 24 hours a day, because done in that situation; when you are programs are highly regarded, and we you will not have baseload. Those are standing out there and you actually are, in fact, recognized for doing the the facts. If you don’t like it, then let’s look at it, the only conclusion you can best reclamation in the country. I continue to work to make it better, come to when you see the net result of would point to the 2016 Abandoned but don’t just put your head in the this rule is that it was intended to shut Mine Land Reclamation Small Project

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.021 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S624 CONGRESSIONAL RECORD — SENATE February 2, 2017 Award that went to our mine reclama- consumers. It costs us jobs, and it is The stream buffer rule that we are tion project in Bowman, ND. wrong on so many levels. being asked to undo requires coal com- Our coal industry and our utilities With that, I would say, please—this panies to monitor water for contami- are always willing to work with the is a process that should only be used nants. Communities have a right to Federal Government on regulations very rarely but I think is being used know what is in their drinking water. that focus on actual results, on im- appropriately in this situation with the They have a right to know that their proving environmental safety and stream rule. So I stand with my friend water is clean. They have a right to standards. They are willing to do that JOE MANCHIN in helping sponsor this know what kind of contaminants are in again. They have never had an issue CRA. We will continue to fight for our their water. I don’t think this is an un- with updating this regulation. All that industry, fight for our good-paying reasonable expectation. Why are we was asked was that the former admin- jobs, and fight for commonsense regu- making this debate a fight between istration listen to them, actually be- lation that actually achieves the pur- supporting jobs for coal miners and lieve their eyes when they see the work pose of protecting this beautiful re- clean water? we are doing and understand the im- source we have in North Dakota. Divide and conquer is a time-tested pact of that rule. Thank you, Mr. President. tactic that ends up hurting vulnerable It was done in haste, it was done hur- I yield the floor. populations and communities. Let’s riedly, and it was done so they could The PRESIDING OFFICER. The Sen- not fall prey to such divisive tactics. check a mark and say: See, we really ator from Hawaii. This is why I am perplexed as to why are leaving it in the ground. Ms. HIRONO. Mr. President, I am we are voting to undo the progress we If you want to be leave-it-in-the- deeply concerned about efforts under- have made. I will be voting against the ground, then have the courage to come way to use the Congressional Review CRA and any other CRAs that harm here and say that this country, in the Act to eliminate protections that have our environment and public health and next 20 years, will not extract one fos- saved lives and cleaned up our environ- force us to make a false choice. sil fuel from the ground. ment. I certainly respect the views of Again, while I respect the views of I have great respect for Senator MAR- my friend and colleague from North my colleagues who have a different KEY. He was just here talking about Dakota, but there are other perspec- how we have made progress because of tives to consider. And while today it is perspective on what we are being asked the conversion from coal mining to a stream buffer rule, tomorrow it will to do today, I urge my colleagues to natural gas. It is a little disingenuous, be some other rule intended to protect join me in defeating this resolution. I would say, because the whole while, the health of our communities and our Mr. President, I yield the floor. we are talking about how this conver- citizens. Mr. CARDIN. Mr. President, I wish to sion would not have been made possible The Congressional Review Act is a oppose the resolution of disapproval on if it weren’t for industry practices of rarely used tool that can erase rules the stream protection rule. Each Con- utilizing fracking to extract natural that have taken years and much public gress has an opportunity to promote gas. input to develop. Passing a CRA resolu- having cleaner air and cleaner water. This is a structured movement using tion, as we are being asked to do in Our job description shouldn’t include bogus regulations to promote a na- this instance, also prevents us from im- hollowing out the protections for clean tional policy without having the cour- plementing similar protections in the air and clean water which previous age to just advance that national pol- future. The reason is that by passing Congresses have provided. icy forward, which is to leave it in the this kind of resolution, it prevents us Clean air and clean water are vital ground. from implementing any kind of other not just to human health and the envi- We heard from Senator MANCHIN. I rule that is similar in nature. ronment, but to our economy as well. want everyone who says: We are going Regardless of whether you voted for The number of premature deaths due to to pursue a leave-it-in-the-ground na- Donald Trump or Hillary Clinton, no- poor water quality affects our econ- tional policy—I want them all to think body wants to live in a dirty environ- omy. The number of school or work about what that does to women and ment where we don’t have clean water, days missed due to health problems af- children who live on fixed incomes. I clean rivers, clean streams, or clean fects our economy. The ability of in- want you to think about what that air. Once again, we are being told to dustries to have access to clean water means for reliable, redundant, and af- choose between a clean environment affects our economy. fordable power generation in our coun- and creating jobs. Like many of my colleagues, I am try. We are going to let the market de- In Hawaii, we have one of the lowest proud to represent part of Appalachia, cide. unemployment rates in the country in the western part of Maryland. I have We have moved toward wind energy, and some of the most robust protec- enjoyed skiing, hiking, and simply en- which, ironically, the big movement of tions for our environment. Today’s de- joying one of the most beautiful places wind energy was facilitated by a com- bate over the stream buffer rule and fu- in our country. Recreational activities promise we reached over a year ago ture debates under the Congressional along the Appalachian Mountains de- that dealt with allowing for the export Review Act are not about States’ pend upon clean air and clean water. of crude oil out of this country—the rights. Today’s debate is not about reg- And recreation is a huge part of ex- lower 48—in exchange for more perma- ulation for the sake of regulation. It is panding economic opportunities in Ap- nency and for production tax credits not about a war on coal; it is about pre- palachia. and investment tax credits. We can, in venting fossil fuel companies from cre- fact, achieve a public policy result if ating unhealthy communities by pol- Over the years, I have met with we work together and if we don’t have luting the water we drink and the air many people directly affected by the hidden agendas like ‘‘leave it in the we breathe. mining practice known as mountaintop ground.’’ The Department of the Interior has removal, and I have worked very hard This rule was wrong, it was struc- been working on this rule for 7 years— to address their concerns in a bipar- tured wrong, and it attacks an industry 7 years. It replaces an outdated regula- tisan manner. For instance, in the that does this. I will tell my col- tion that was written during the 111th Congress, I introduced S. 696, the leagues, I have been out there. I have Reagan administration in 1983. Appalachia Restoration Act, with the worked in this industry and I have Science has come a long way in 34 senior Senator from Tennessee, Mr. been a regulator of this industry. This years. In that time, we have learned a ALEXANDER, to help protect streams is not unique. This is what reclamation lot about the detrimental impacts of and rivers. looks like in North Dakota. And to coal mining on clean water and public The stream protection rule updates suggest that we have not been good health. Clean water is essential, and 33-year-old regulations to implement stewards, to suggest that somehow we politically expedient decisions we the Surface Mining Control and Rec- are contaminating this beautiful re- make now will have lasting impacts for lamation Act. The update establishes source by what we are doing, is wrong years to come, as families in Flint, MI, clear requirements for responsible sur- on so many levels. It is costly to our know all too well. face coal mining that will protect 6,000

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.022 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S625 miles of streams and 52,000 acres of for- two aren’t mutually exclusive. What According to a 2011 study in the Jour- ests over the next two decades, pre- they don’t need is this attempt to gut nal of Community Health, in counties serving community health and eco- a reasonable rule designed to protect where mountaintop removal occurs, nomic opportunities, while meeting the them from an environmental disaster, cancer rates are almost twice than Nation’s energy needs. which is much more likely to occur if those nearby where there is none. As The stream protection rule includes the Senate passes this resolution of many as 60,000 additional cases of can- reasonable and straightforward reforms disapproval. cer are linked to the practice within to revise three-decades-old coal mining Mr. SANDERS. Mr. President, I op- those 1.2 million Americans who live in regulations to avoid or minimize harm- pose the Republicans’ current efforts to these areas. ful impacts on surface water, ground- gut environmental protections that put In addition, a 2011 study in the sci- water, fish, wildlife, and other natural industry profits before public health. entific peer-reviewed journal Environ- resources. There are a number of very In repealing the EPA stream protec- mental Research found that, even after positive, reasonable, and economically tion rule, Republicans are again choos- accounting for socioeconomic risks, feasible changes in the proposed stream ing to put the health and well-being of birth defects were significantly higher protection rule that make it an im- average Americans in jeopardy in favor in mountaintop mining areas compared provement over the existing regula- of the interests of the Big Coal indus- to non-mining areas. tions. try. Likewise, a 2011 study in the Journal The rule incorporates the best avail- This bill seeks to unravel clean of Rural Health found that areas in Ap- able science, technology, and modern drinking water protections imple- palachia with mountaintop removal mining practices to safeguard commu- mented by the Obama administration. have significantly higher death rates The last time I checked, no one voted nities from the long-term effects of from heart disease than other areas to pollute the environment in the last pollution and environmental degrada- with similar socioeconomic conditions. election. The majority of Americans do tion that endanger public health and Researchers in the same Rural Health not agree that we should be disman- undermine future economic opportuni- study estimated that more than 700 ad- tling protections that ensure clean air ties for affected communities. ditional deaths occur annually. and clean water. The final Rule gives regulators more Yet the rule is dogged by many The stream protection rule shields tools to measure whether a mine is de- myths and falsehoods spurred by the communities from toxic pollution from signed to prevent damage to streams fossil fuels lobby. Almost a quarter of a coal mining, updating regulations that billion dollars have been spent by oppo- outside the permit area. are more than 30 years old. These pro- The rule would require companies to nents of the rule—the coal mining in- tections bolster those in the Clean avoid mining practices that perma- dustry, electric utilities, National As- Water Act and establish a long-overdue sociation of Manufacturers, railroads, nently pollute streams, destroy drink- monitoring requirement for water pol- ing water sources, increase flood risk, and the U.S. Chamber of Commerce— lutants—including lead, arsenic, and on political lobbying and campaign do- and threaten forests. selenium—known to cause birth defects It would also require companies to nations. They—and Republicans—claim and other severe human health im- restore streams and return mined areas that implementing this rule will kill pacts. The rule was updated to better coal production—not true. Coal produc- to the uses they were capable of sup- protect public health and the environ- porting prior to mining activities and tion is impacted by many factors, in- ment from the adverse effects of sur- cluding low natural gas prices. The replant these areas with native trees face and underground coal mining. and vegetation, unless that would con- CEO of the coal company Murray En- This rule would protect or restore ergy even said, ‘‘I’ve asked President- flict with the implemented land use. about 6,000 miles of streams and 52,000 To help mining companies meet elect Trump to temper his comments acres of forest over two decades. It about . . . bringing coal back. It will these objectives, the rule requires test- would prevent water pollution by au- ing and monitoring the condition of not happen.’’ thorizing approval of mountaintop re- In comparison, this rule could actu- streams that might be affected by min- moval mining operations only when ally create jobs. Many of the jobs cre- ing before, during, and after their oper- natural waterways will not be de- ated by the rule will be construction- ations to provide baseline data that en- stroyed, requiring protection or res- type jobs easily conducted by former sures operators can detect and correct toration of streams and related re- coal miners. problems and restore mined areas to sources, such as threatened or endan- Another myth is that the rule is a their previous condition. gered species. It gives communities in huge economic burden on industry— Using the Congressional Review Act, coal country much needed information not true. The economic impacts of im- CRA, to attack a rule that protects about toxic water pollution caused by plementing this rule are small relative people and communities from harmful nearby mining operations. Long-term, to the size of the coal industry. Indus- impacts of irresponsible coal mining the rule would ensure that premining try compliance costs are estimated to operations, such as buried streams, land use capabilities are restored and average only 0.3 percent or less of the floods, and subsidence, will benefit coal guarantee treatment of unanticipated coal industry’s $31.2 billion 2015 esti- companies that cut corners at the ex- water pollution discharges. mated annual revenues. Conversely, pense of the people who live in Appa- Mountaintop mining destroys com- the costs of repealing the rule are lachia. And if the resolution is passed, munities. Let’s be clear. This rule borne by Appalachian families and agencies will be prohibited from pro- helps protect communities from the small businesses. Families in these mulgating any other ‘‘similar’’ rule, pollution caused by mountaintop re- communities will be the ones to endure unless Congress passes enabling legisla- moval coal mining. In Appalachia, significant health impacts. Businesses tion. mountaintop removal coal mining has like restaurants, farms, and the out- Opponents of the rule call it a ‘‘job been responsible for the destruction of door recreation industry rely on clean killer.’’ That is myth. The regulatory 2,000 miles of streams and 2.5 million water and are jeopardized by coal con- impact analysis, RIA, for the rule esti- acres of the region’s ancient forests. tamination in their community’s mates that, overall, employment will States have issued advisories that peo- streams. increase by an average of 156 full-time ple should not eat the fish in mined I urge my colleagues to vote no on jobs. According to the RIA, the rule areas because of chemical contamina- this effort to kill the important protec- will create more than twice as many tion. In dozens of peer-reviewed stud- tions provided by the stream protec- jobs as it will eliminate by requiring ies, mountaintop removal mining has tion rule. We must reject efforts to put operators to perform more duties for been linked to cancer, birth defects, the interests of the Big Coal industry reclamation, including stream moni- and other serious health problems above the health and well-being of the toring. Likewise, the impact on an av- among residents living near these sites. American people. erage household’s monthly electricity According to Kentuckians for the Com- Mr. VAN HOLLEN. Mr. President, bill is slight: just 20 cents per month. monwealth, the public health costs of with the resolution on the floor today, Coal miners and their families need pollution from coal operations in Appa- our Republican colleagues are begin- jobs, and they need clean water. The lachia are $75 billion every year. ning their effort to roll back critical

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.001 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S626 CONGRESSIONAL RECORD — SENATE February 2, 2017 health, safety, and environmental safe- permitted to update the old 1983 rule at dinary fashion. He was confirmed by a guards that the Obama administration all. I believe that it was right for the voice vote here in the U.S. Senate. His put in place. government to update this outdated opinions reflect a history of upholding The tool that they are using, the regulation and use the best available the rule of law. His conduct on the Congressional Review Act, is a particu- science to protect drinking water and bench demonstrates an exemplary judi- larly blunt instrument. The Congres- safeguard public health. Therefore, I cial temperament. He is enormously sional Review Act allows the majority urge my colleagues to join me to vote well qualified. His educational back- to rush a resolution of disapproval against this resolution to disapprove ground is impressive: an undergraduate through the Senate with limited debate the rule. degree from Columbia, a law degree and only a limited opportunity for Ms. HIRONO. I suggest the absence of from Harvard, and a Ph.D. from Oxford Americans to see what Congress is a quorum. University. Judge Gorsuch clerked for doing. The PRESIDING OFFICER. Will the the Supreme Court. Further, he is well But a resolution of disapproval under Senator withhold her suggestion? within the mainstream. the Congressional Review Act does not Ms. HIRONO. Yes, I will. Among his many impressive aca- just send a rule back to the drawing The PRESIDING OFFICER. The Sen- demic distinctions, he is a Truman board. Instead, the resolution repeals ator from Nebraska. Scholar. This sizeable financial award the rule and prohibits the Agency from NOMINATION OF NEIL GORSUCH is given by the Harry S. Truman Schol- ever proposing anything like it again. Mrs. FISCHER. Mr. President, I rise arship Foundation to young people pur- An analysis in the Washington Law Re- to address the nomination of Judge suing a career in public service. I note view reported that it is ‘‘conceivable Neil Gorsuch to serve on the Supreme that my colleague from Delaware, Sen- that any subsequent attempt to regu- Court of the United States. ator COONS, is a Truman Scholar. late in any way whatsoever in the same I will address Mr. Gorsuch’s quali- Former Secretary of State Madeleine broad topical area would be barred.’’ fications and his extensive legal experi- Albright serves as president of the Tru- The rule before us today, the stream ence in a moment, but first, I invite man Foundation. Senator MCCASKILL protection rule, deals with how waste my Senate colleagues to consider: of Missouri is a board member. All are from surface mining, also called What do we seek in a nominee to our highly respected Democrats. It should ‘‘mountaintop mining,’’ is handled. The Nation’s highest court? be telling that the organization, now rule prevents this waste from being Maybe it is easier to say what we headed by Secretary Albright and Sen- dumped near streams. The waste from don’t want. We do not want a law- ator MCCASKILL, helped Mr. Gorsuch these mining operations includes toxic maker. Washington has plenty of fund his graduate studies. pollutants like lead and arsenic. And those, 100 Senators and 435 Members of Jeffrey Rosen of the nonpartisan Na- these pollutants can cause serious Congress. We do not want a crusader tional Constitution Center had this to health problems in surrounding com- for a cause. Most of all, we do not want say about the judge: ‘‘He sometimes munities. A 2008 study in the Journal a trailblazer. reaches results that favor liberals when of the North American Benthological What we want is a follower of the he thinks the history or the text of the Society found that 98 percent of Constitution. We want a Supreme Constitution or the law require it, es- streams downstream from mountaintop Court Justice who will follow the laws, pecially in areas like criminal law or mining operations were damaged. This as written, and uphold the rule of law. the rights of religious minorities.’’ rule limits pollution near streams, re- This demands discipline; it requires the Norm Eisen, Special Counsel for Eth- quires monitoring of water quality, and rarest of virtues: humility. There is no ics and Government Reform in the creates standards to restore streams room for hubris on the Supreme Court. White House for President Barack after a mining operation ends. We do not want a Justice who be- Obama, attended law school with Mr. The Reagan administration first put lieves he knows better than our Found- Gorsuch. He called him, simply, ‘‘a forward stream protections in 1983, ex- ers. That is not his job. A Supreme great guy.’’ ercising authority under the Surface Court Justice should neutrally apply There is much more that can and will Mining Control and Reclamation Act of the laws as written by Congress and as be said about the nominee in the days 1977. Today more than 30 years later, understood by the Framers of our Con- to come. Much of it will contribute to we better understand the effects of sur- stitution. They must not impose their a vigorous confirmation process. Sadly, face mining, and it makes sense to up- personal preferences upon the law or I suspect much of it will not. Many, in- date our standards to protect public upon the American people. I want to cluding some in this Chamber, have health. The Bush administration revis- say again that we want someone who said they will oppose any nominee, no ited the issue in 2008, but a Federal will follow the law and uphold the rule matter how qualified. court vacated the Bush administration of law. Americans deserve better than this rule because they failed to fully con- We also seek a keen legal mind. A bitter feud in the U.S. Senate. The sider effects on wildlife. nominee must possess the sharpest in- Presidential campaign is over. As the Under the Obama administration, in tellect and only the most rigorous aca- Washington Post recently editorial- 2009, the Office of Surface Mining Rec- demic qualifications. This person may ized, ‘‘A Supreme Court nomination lamation and Enforcement, or OSMRE, be one of nine human beings who will isn’t a forum to refight a presidential began considering options to bring resolve questions affecting the free- election.’’ The newspaper’s editors these stream protections up to date doms and the rights of millions. There- urged against ‘‘a scorched-earth’’ re- with the current scientific under- fore, in addition to ironclad commit- sponse. standing. In the course of developing ment to the rule of law and brilliant Senate Republicans gave President the updated rule, OSMRE shared infor- intellect, this person must be a known Bill Clinton an up-or-down vote on his mation and solicited comment from quantity. There must be a reliable first two Supreme Court nominees. State regulatory authorities and incor- record for us to carefully assess. Senate Republicans gave President porated their feedback. The Office of In exercising our constitutional Obama an up-or-down vote on his two Management and Budget’s Office of In- power of advice and consent, we don’t first Supreme Court nominees. This is formation and Regulatory Affairs con- make guesses here in the U.S. Senate. a chance for my colleagues in the U.S. tinued the stakeholder engagement We hold hearings; we ask probing ques- Senate to show how high-minded they process. The Obama administration tions. This is how we will determine if can be. They can permit a similar up- considered the issue deliberately, for 7 Mr. Gorsuch is the legal disciple, bril- or-down vote on this President’s first years, before publishing the final rule liant mind, and known quantity the Supreme Court nominee. in December. American people need and the person I invite them to engage with me in a OSMRE acted appropriately with the the American people deserve. The evi- respectful, civil dialogue as we carry Stream Protection Rule. But the ques- dence so far suggests that he is. out our duty of advice and consent. We tion before us today is not whether the As a judge on the U.S. Court of Ap- need a vigorous confirmation process, rule is perfect. Today we are consid- peals for the Tenth Circuit, Mr. and I will work for that vigorous, open, ering whether the Agency should be Gorsuch has served 10 years in extraor- respectful, and transparent process. I

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.003 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S627 hope all of my colleagues on both sides processes—published in the Federal than in all of Europe. Think about of the aisle will join me in that. Register, and something like 60 days on that—more species of freshwater fish in Mr. President, I yield back the re- the legislative calendar have run, then one river system in Tennessee than all maining proponent debate time. that rule is official; it is in full effect. of Europe. Yet surface coal mining has The PRESIDING OFFICER. The pro- However, if a Member of this body or destroyed more than 2,000 miles of ponent’s time is yielded back. the House wants to use the Congres- streams in this region alone. Cutting The Senator from Delaware. sional Review Act authored by Senator the heart out of our ecosystems is no NOMINATION NEIL GORSUCH Harry Reid, they can repeal a rule for way to do business. Mr. CARPER. Mr. President, I would which the 60-day legislative clock has The question is, Would mining com- just remind my colleagues that a lot of not run since that rule or regulation panies respect and consider these val- folks in my State and people I talk to was published in the Federal Register. ues and benefits as part of their oper- around the country believe it is out- In this case, 60 legislative days have ations and reclamation efforts without rageous that the last President nomi- not passed since the stream protection surface mining and clean water laws nated a candidate for the Supreme rule was promulgated, printed in the and the effective protections provided Court for almost a year—a full 10 Federal Register, and one or more of by the stream protection rule? I would months—before stepping down before our colleagues has said: Let’s use the say probably not. It is no surprise, his term ended, and that nominee CRA—Congressional Review Act—to then, that conservation and fisher- never got a hearing. see if we can block or repeal it. men’s organizations, such as Trout Un- We had a National Prayer Breakfast I spoke on this yesterday, and I am limited, the American Fly Fishing this morning, as our Presiding Officer happy to have a chance to talk a little Trade Association, the Izaak Walton knows. One of the occurring themes of bit about it again today. League of America, and Theodore Roo- the speakers at the Prayer Breakfast A prevailing argument in favor of sevelt Conservation Partnership, so was the Golden Rule, the obligation to this resolution to kill the rule is the strongly support this rule and robust treat other people the way we want to significant negative economic implica- implementation of the Clean Water be treated. I think that should apply to tions of managing mining operations Act. In fact, 82 percent—over 8 out of this nominee from this President. I and site reclamation in such a way 10—of America’s hunters and anglers also believe it should have applied to that life and economy continue along feel that we can protect water quality the last nominee from the last Presi- with and after extraction ends. and also have a strong economy and dent. I think the way Merrick Garland Let’s take a few minutes to reflect on good jobs at the same time. It is a false was treated was outrageous, and he was the other side of the coin. I can assure choice to say we can’t have both at the roundly praised by Democrats and Re- you that hunters, fishermen, bird- same time. The stream protection rule would publican, Members of this body, alike. watchers, and recreation enthusiasts of protect and restore an estimated 6,000 The fact that he never got a vote I all ages, sorts, and varieties in my miles of streams and 52,000 acres of for- think is appalling. It runs against ev- home State of Delaware—and I am sure est over two decades—areas important erything I was taught to believe. in every State in our Nation—value an Perhaps the Presiding Officer’s par- environment that supports the places for hunting, fishing, and outdoor recre- ation. ents raised him the same way. My par- they treasure and the species they All these activities would provide ents raised us to believe that two seek. That is not the legacy of mining. local citizens and communities with Because of historically weak rec- wrongs don’t make a right. Two wrongs economic opportunity to replace or lamation and restoration require- don’t make a right. Folks on our side build upon what often are one-industry ments, Appalachia now has more than believe—although deeply troubled by regions. They, in turn, support local a million acres of economically unpro- the way the last nominee for the last economies and create accessible work ductive grasslands that cannot support administration was treated—this nomi- opportunities for residents, many of nee deserves a hearing. My hope is that farming, ranching, or the hardwood whom would otherwise struggle to he gets one and there is time set aside forest products sectors. That is one of make ends meet, care for their health, to prepare for that hearing. My hope is the reasons for and one of the many and support their families. In the end, that he will take the time to come and strengths of this rule: to focus on post- this is a much more valuable and sus- meet with us, particularly those of us mining economic uses of land, which tainable future for everybody con- who have concerns about his nomina- could include ranching, forestry, tour- cerned. tion. ism, birdwatching, hunting, fishing, These truths hold in their unique I think he should be subject to the and the list goes on. ways in mining States across our coun- same 60-vote margin the last several In America today, there are 47 mil- try, whether they involve ensuring Supreme Court nominees were sub- lion men, women, and children who salmon runs in Alaska or ranching in jected to and passed; I think in one hunt and fish. We all represent them. Wyoming. case it was 62 votes, and in another According to a 2014 report from the Na- I will close by repeating a point I case, 63 votes. tional Wildlife Federation, these ac- made previously in support of this I just want to let my friends on the tivities deliver an astonishing $200 bil- stream protection rule. This past year, other side—and they are my friends— lion to the country’s economy, and the Office of Surface Mining Reclama- know that we and, frankly, a lot of they support one and a half million tion and Enforcement and the Fish and people in this country are still trou- jobs. Wildlife Service completed consulta- bled, looking back. We are going to I wish to also point out that mining tion under the Endangered Species Act, look forward with the Golden Rule in impacts on headwaters are particularly resulting in what is known as the 2016 mind. My hope is that our colleagues important, as they represent the very Biological Opinion. This new Biological will do the same in the future. foundation of our water system that Opinion smooths the way for more effi- Mr. President, I rise on a subject that supports all these activities and gen- cient Endangered Species Act compli- some of my colleagues have talked erates all of these benefits. Just to il- ance and provides some important pro- about here today. It is one that we lustrate this point, Appalachia—a re- tections to industry and State regu- have been discussing for almost the gion in which I grew up—is the world’s lators regarding possible impacts of last 24 hours. It is a Congressional Re- leading hotspot of aquatic biodiversity. mining operations on protected species. view Act resolution to disapprove the I was born in Beckley, WV, and we I think it is important to note that if stream protection rule. lived there for 6 years or so after I was we kill this rule—and I hope we will People may wonder, What does this born and I came back a whole lot over not—that protection for industry and mean? There once was a Senator from the years to hunt and fish with my State regulators will go away, and Nevada named Harry Reid. He once grandfather, but I had no idea there those players will have to resort to a wrote a law that said: If Congress was this kind of biodiversity in that re- more cumbersome case-by-case review doesn’t like a particular rule that has gion. under the Endangered Species Act for been approved and has gone through There are more species of freshwater all activities that might affect pro- the process—drafting, all the approval fish in one river system in Tennessee tected species. That would be a shame.

VerDate Sep 11 2014 00:22 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.025 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S628 CONGRESSIONAL RECORD — SENATE February 2, 2017 That would be a shame, especially for a part of Appalachia, and don’t understand the been going on for decades—decades— struggling industry. extent of coal mining in our state, I have trying to establish a fair environ- For this and for so many other rea- seen the devastating impact of coal mining mental standard for those in mining sons, this is a job-creating, economy- in our state . . . first hand. operations. Efforts have been made, expanding rule. Why wouldn’t we sup- He goes on: some with limited success. Courts have port it? Once again, I urge a ‘‘no’’ vote I have seen lakes turned gray downstream thrown out earlier versions. So the on this resolution. of mines. I have seen streams turned bright Obama administration decided they With that, I yield the floor. orange downstream of coal preparation would tackle this. They spent 6 years The PRESIDING OFFICER. The Sen- plants. I have seen sloughs that once formed rewriting 380 pages of rules. Over deep channels (perfect spots for largemouth ator from Oregon. bass) filled in with sediment. 150,000 public comments were solicited Mr. MERKLEY. Mr. President, yes- and received. John wants to see Federal protec- terday I had the chance to come to the This is a pretty controversial matter, tions ‘‘that help protect water quality floor and talk about the changes I have as you can tell. I have been amused by for all uses downstream of coal mines seen in the streams and rivers in my the critics of this rule who said: Well, and associated industries’’ and wants home State of Oregon as we worked to Obama just did that as he was going to see the stream protection rule stay clean them up, restore them for wild- out the door. No. They worked on it for where it is. life, restore them for swimming, re- years. There were, as I said, over 100,000 Here is a final story. It is from Chuck store them for boating, and restore public comments. It is not easy. It is Nelson, a fourth-generation coal miner them for drinking water, and how ter- tricky and it is challenging, but they from West Virginia who dug coal un- rific it was to see this occur. produced it. Now today the Repub- derground for 30 years. He became an We are now considering a parallel licans in the Senate and the House advocate for environmental rules like provision—a provision designed really want us to wipe it away. the stream protection rule after a coal to protect the streams near intense What difference would it make? If processing plant was built near his mining zones. I had a chance yesterday you don’t live next to a coal mine, do home. Thick, black coal dust was al- to go through the details of the regula- you think, well, what difference does it ways coating his home inside and out. tion and how it made, for example, the make in my life? His wife developed very bad asthma coal slurry ponds more secure so they I listened to JEFF MERKLEY, my problems, and his kids couldn’t use the wouldn’t rupture. As I pointed out, one friend from Oregon, talk about the swimming pool because of a thick ruptured and killed over 100 people and streams and the rivers. Maybe I don’t black skin always on the top of the injured more than 1,000 people, not to fish, and I don’t care. I don’t go out water. He decided to make his voice mention the damage it did to the eco- camping, either, and I haven’t been heard, and he came to DC from West system for an extended length down- hiking. Whether the fish are alive or Virginia 25 times to talk to lawmakers stream. I talked about the toxic chemi- dead or the streams are polluted or and regulators. He was a regular cit- cals that are leaching out of improp- not, who cares? I guess some people izen. He saw a problem impacting his erly developed piles, as they are called. feel that way. I don’t, even though I wife, and he wanted us to work to fix Today I want to share a few more of don’t use our natural resources as it. He finally succeeded when the the stories of folks who live in the area much as some. But there is a bigger stream protection rule was finalized in and how important it is for them. issue here. This is not just about December. Sam Needham, who lives near Appa- whether there will be fish alive in the It amounts to this: The way that one lachia, VA, talks about the changes he stream or the lake. conducts mountaintop coal mining has has seen in rivers near his home since Let me tell you what that issue is. a huge impact, just as it does with he moved there in 1978. Sam said that The issue is the safety of our drinking other industries. Having basic rules when they first moved there, ‘‘Callahan water. Do you know what is going on about how that work is done ensures Creek that runs near our house . . . when these mining operations dump all sustainability of the nearby streams. was full of different kinds of fish. Now this debris into the streams? It rains. This was done with a tremendous I don’t see any fish in the water. I wish Water is flowing. The stream water amount of involvement of stake- it could be like it was in the 70’s and goes downstream. Now follow the water holders, tremendous number of meet- 80’s, but with all the runoff from sedi- from the dumping of the mining oper- ings, 6 years of coordination, trying to ment ponds and mines, I don’t think it ations to the chemicals included in find a way that doesn’t paralyze coal will ever be like that again.’’ Sam sup- that dumping—arsenic, for example. As mining but does protect the streams. ports the stream protection rule. He it goes downstream, it doesn’t just kill That is the balance which was being said: ‘‘I would like to see regulations to the fish. In my State, 1 out of 10 people searched for, discovered, and imple- protect our waters and maybe one day in Illinois depend on those internal mented with this rule, and we should be able to fish in Callahan Creek river and stream sources for their leave it in place. We shouldn’t destroy again.’’ He is not asking for a tremen- drinking water. If you don’t have hon- these years of work to protect our dous amount. est, realistic, and safe standards when beautiful streams with just a few hours Chad Cordell of Charleston, WV, said it comes to drinking water, you have of debate, with no public notice or that he has ‘‘been concerned about the decided to up the risk of the people awareness of what is going on. If we impacts of mountaintop removal since who are drinking the water that comes want to review this thoughtfully and learning the beautiful valleys and out of the tap. seriously, let’s have it done in com- streams of my home state were being I think that is a problem. Have you mittee, where the public can partici- buried under hundreds of feet of rub- had a conversation with your family at pate and Senators can take a delib- ble.’’ He said he wants ‘‘strong, any point about what is going on? Why erate stand and not destroy this work science-based protections for the do we have so much cancer in this to protect these thousands of miles of creeks, streams, and rivers that are the area? Why do we have so many prob- streams in a blink of an eye. lifeblood of our state,’’ and he noted lems in this area? Could it be the The PRESIDING OFFICER. The Sen- that ‘‘attacking the Stream Protection drinking water? We have asked that ator from Illinois. Rule isn’t the way to build strong, question ourselves in our own area of Mr. DURBIN. Mr. President, there is healthy, resilient communities or a Central Illinois, and many other fami- a provision in the law which allows the strong, stable economy.’’ lies have asked the same. Congress to review regulations within If we take the approach which we are John Kinney of Birmingham, AL, 60 days after they are written and de- being asked to today and wipe away said: cide up or down. That is what we are the safety standards for the water that I have lived most of my life in Jefferson doing here. is ultimately flowing into the taps County, Alabama, enjoying the outdoors, particularly canoeing and fishing on the This is about the stream rule that where we drink it, shame on us. Shame Black Warrior and Cahaba River. has a direct impact on mining oper- on us. Is it too much to ask the mining While it seems that many folks in regu- ations, particularly coal mining oper- operations not to dump their trash into latory agencies don’t consider Alabama to be ations. This has been a battle that has the streams? Is it too much to ask

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.026 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S629 them to restore vegetation after they The PRESIDING OFFICER (Mr. CAS- What is wrong with selenium? It have chopped off the top of a mountain SIDY). The Senator from Washington. causes very serious reproductive prob- in West Virginia? In Illinois, I can tell Ms. CANTWELL. Mr. President, I lems, physical deformities, and at high you the strip mining, which went on thank my colleague from Illinois for concentration it is toxic to humans. for years and decades left a lot of areas being on the floor to speak. He is right. Basically, it is the similar effect to ar- of beautiful farmland in Illinois forever We are going to keep score. There are senic poisoning. blighted. going to be attempts by the Trump ad- These coal mines are transforming Whatever happened to the coal com- ministration and the other side of the our landscape, lowering our ridges, and panies that stripped off that land, took aisle to level the score against clean raising our valley floors. One study in the coal, and left the mess behind? water; that is to say, polluters don’t 2013, in Central Appalachia, found that Long gone. You couldn’t find them if have to pay. So if we pass this override mining lowered these ridgetops by an you wanted to. of existing clean water rules—yes, this average of 112 feet. What we are trying What Senator CANTWELL has said, will be the start. Trump 1, clean water to say is, you are impacting wildlife and we ought to remember, we believe 0. downstream; that the deforestation of polluters should pay. We believe that Unfortunately, it is probably not these sites allows the flow of these riv- the ultimate responsibility, when it going to the end because what is hap- ers to increase flooding. The effects are comes to keeping our environment pening now is, Republicans control ev- worsened because the compacted soil clean, our drinking water safe, is on erything in Congress. They want to use on these sites also causes a problem. It the polluter. The Republicans disagree. their ability to have very little debate is not much better than just plain old They say: Well, it is just Obama’s and to then override rules that are on asphalt; that is, it means that plants War on Coal. the books to protect streams in the and forests cannot grow back, it means All right. If you want to bring it United States of America. that it impairs these various species, down to that level, then it is Trump’s I so appreciate my colleagues coming and it causes problems. War on Clean Drinking Water. That is to the floor to explain this issue, as Mr. President, I ask unanimous con- what this vote is all about. That is this is critical. It is critical because sent to have printed in the RECORD an what it is all about. Shame on us if we the impacts of mining destroy head- article from the Pittsburgh Post-Ga- decide to eliminate this protection for waters. Between 1992 and 2000, coal zette. families and run the very real risk that mines were authorized to destroy about There being no objection, the mate- the pollution in those streams could 1,200 miles of headwater streams, and rial was ordered to be printed in the cause public health issues, as well as this resulted in the loss of 4 percent of RECORD, as follows: the death of wildlife and fish down- our upper headwater streams in areas [From the Pittsburgh Post-Gazette, Jan. 31, stream. That is why I think this vote is of Appalachia in a single decade. 2017] so important. The surface mining impact on water A PLUME OF POLLUTION DISCOLORS PART OF This is a first. You heard what Re- from fractured rocks above coal seams MONONGAHELA RIVER publicans have said is the reason Amer- react chemically with the air and (By Don Hopey) ican business is not growing—overregu- water and produce higher concentra- An iron-orange acid water discharge from a lation. You get this picture of some tions of minerals, irons and trace met- long-abandoned coal mine discolored the mettlesome, busybody bureaucrat als, and those headwaters in West Vir- Monongahela River for a four-mile stretch dreaming up some other way to make ginia typically measure with elec- along the Allegheny County-Washington life more difficult for people who own tricity conductivity on an order of County border over the weekend, raising businesses. I will tell you there is some magnitude of those downstream. What public concern but causing no problems for of that, and I am not going to defend that is saying is, these chemicals react public water suppliers downriver. The discharge from the Boston Gas Mine, it, but there is also a conscientious ef- in the water to create problems. Under- its volume boosted by recent rains, enters fort by people who are scientists to try standing what has been going on with the river in the small Sunfish Run tributary to make sure that those of us who are that level of conductivity is one of the at Sunnyside, in Forward, 34 river miles not scientists live in a world that is big advances in science in the last 10 from Pittsburgh’s Point. Beginning Saturday safe, safe for the air we breathe, safe years. That is why we want to update evening and continuing through Sunday, it for the water we drink. If we start the rule because we now know what was visible flowing downriver in a 75-foot sweeping that away, rejecting the goes on when selenium is in the water. wide plume that hugged the east bank until science that proves overwhelmingly The conductivity is highly correlated blending into the river near New Eagle. ‘‘It was orange, and it had to be an enor- that we are going through global with the loss and the absence of var- mous amount of water to color the Mon,’’ warming and climate change, rejecting ious species that are very pollution said Janet Roslund, a resident of the science that says the runoff in sensitive. Monongahela, where she viewed the plume. these streams and rivers could ulti- This level of stream degradation ‘‘Something about that is just not right.’’ mately hurt not only wildlife but ulti- comes from the various fractured rock. Neil Shader, a spokesman for the Pennsyl- mately hurt the American people and When sulfate is present, you get acid vania Department of Environmental Protec- the water they drink, shame on us. mine drainage. That acid mine drain- tion, said the plume likely contained iron, Well, we will get rid of regulations, age then mobilizes metals toxic to aluminum and manganese, and the depart- ment is continuing to take water samples. coal mining operations will make more fish—such as iron and aluminum and ‘‘At this time there is no concern for drink- money, and maybe they will continue zinc—and that is where we start to ing water, and water systems have systems on—I am sure they will in some re- have problems. A 2008 study found that in place to remove the contaminants,’’ he spect—but will we be better off as a na- 93 percent of streams downstream of said. tion? surface mining operations in Appa- The Ohio River Valley Water Sanitation This is day 14 of the Trump Presi- lachia were impaired, and our col- commission notified all downriver water sup- dency. It seems like a lot longer to leagues don’t want to make sure that pliers on the Allegheny and Ohio rivers, but some of us. Republicans in the Senate the mining companies monitor that the closest, Pennsylvania American Water, with intakes 10 miles down the Mon in and the House have decided to strike a and do stream restoration? Elrama and 18 miles downriver at Becks blow for eliminating science-based reg- Another study found that adverse im- Run, reported no water quality problems. ulation to protect the public health. It pacts of Appalachian mines extended ‘‘We’ve been monitoring the intakes for is a shame, but it is going to happen. on an average of 6 miles downstream; the past 40 hours and have found no impacts They have the votes on the Senate that is, this acid mine drainage is flow- to the water supply,’’ Gary Lobaugh, a water floor. They are in control and now the ing 6 miles downstream. Why not have company spokesman said Monday. ‘‘We’ve American families are going to ask us: the mines measure this at the top of increased our sampling of source water to Were you there? Were you standing up the stream, understanding what the se- every hour but seen nothing impacting our water quality.’’ for us when the safety of our drinking lenium impact is, and doing something According to Joe Donovan, a geologist at water was at stake? to minimize the impact on our streams West Virginia University who studies aban- I will be voting no on this effort to that we are going to have to live with doned mine discharges in the Mon Valley, repeal this legislation. forever. the abandoned Boston Gas mine is a large

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.028 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S630 CONGRESSIONAL RECORD — SENATE February 2, 2017 mining complex that has approximately cently through the exurbs east of Morgan- Mr. President, I ask unanimous con- eight outcrop discharges along the river be- town. A planner for the state office, he said sent to have printed in the RECORD an- tween Donora and Monongahela. The one on housing developments have been built above other article from the Columbus Dis- old mines that many homeowners don’t even Sunfish Run that created the orange plume patch. in the river is the largest, he said. know about. ‘‘Nothing new here,’’ he said. ‘‘(The) flow The state will get $23.3 million from the There being no objection, the mate- may be up this time of year, especially right federal reclamation fund this year, which is rial was ordered to be printed in the after a precip event.’’ replenished by fees on mining companies. RECORD, as follows: The mines pay 12 cents per ton of under- [From the Columbus Dispatch, July 20, 2014] Ms. CANTWELL. The discharge from ground coal mined and 28 cents per ton from the long-abandoned Boston Gas Mine in surface mining, but the funding has dropped IN WEST VIRGINIA, MOUNTAINTOP MINING IS Pennsylvania turned a 4-mile stretch of the past three years with a downturn in coal CAUSING FISH SPECIES TO DISAPPEAR the Monongahela River orange. The production. WASHINGTON.—In West Virginia’s Appa- Pennsylvania Department of Environ- It will cost about $1 billion just to extin- lachian Mountains, fish are vanishing. The mental Protection said the plume like- guish all of West Virginia’s 43 fires in aban- number of species has fallen, the populations doned mines, according to the state office. of those that remain are down, and some fish ly contained iron, aluminum, and man- They could have been caused by forest fires, look a little skinny. ganese. A geologist at West Virginia arson, lightning strikes or even old under- A new government study traces the decline University who studies abandoned ground explosions that never went com- in abundance to mountaintop removal, the mine discharges said the abandoned pletely out. controversial coal-mining practice of clear- mine is a large mining complex that About $5 million will be spent to extin- cutting trees from mountains before blowing has approximately eight outcrop dis- guish the Preston County fire, smoldering a off their tops with explosives. stone’s throw from houses in a mostly rural When the resulting rain of shattered rock charges and created this large plume. area near the hamlet of Newburg. In October, Mr. President, I ask unanimous con- hits the rivers and streams that snake along the office spent $209,400 to cut trees and plug the base of the mountains, minerals released sent to have printed in the RECORD an holes feeding the fire with oxygen. from within the stone change the water’s AP story dated January 28, 2017. The state office, with about 50 staff, is paid chemistry, the study said, lowering its qual- from the federal Abandoned Mine Reclama- There being no objection, the mate- ity and causing tiny prey such as insects, tion Fund along with the contractors it rial was ordered to be printed in the worms and invertebrates to die. hires. Together they close mine portals, ex- ‘‘We’re seeing significant reductions in the RECORD, as follows: tinguish fires, support collapsing hillsides number of fish species and total abundance [From the Associated Press, Jan. 28, 2017] and sinking houses, and treat acidic water of fish downstream from mining operations,’’ UNDERGROUND FIRES, TOXINS IN UNFUNDED leaking out along with dissolved metals. The said Nathaniel Hitt, a research fish biologist CLEANUP OF OLD MINES need for drainage work won’t end for cen- for the U.S. Geological Survey’s office in (By Michael Virtanen) turies. The grants also fund water lines to replace polluted wells. Kearneysville, W.Va., and one of the study’s PRESTON COUNTY, W.VA. (AP).—An under- ‘‘There’s more water within mine pools in two authors. ground coal mine fire burns beneath a West Virginia than there is in the lakes of Hitt and his co-author, Doug Chambers, a sprawling hillside in West Virginia, the pale, West Virginia,’’ Rice said. ‘‘More than 2,500 biologist and water-quality specialist in the acrid smoke rising from gashes in the miles of streams are severely degraded be- Charleston, W.Va., office of the USGS, took scarred, muddy earth only a stone’s throw cause of mine drainage in West Virginia.’’ a 1999 study of the Guyandotte River basin’s from some houses. The state program has brought several fish populations by Penn State researchers The fire, which may have started with back to life with new treatment systems. to compare them over time. arson, lightning or a forest fire, smoldered The federal program is scheduled by law to For two years starting in 2010, they sam- for several years before bursting into flames expire in 2021, leaving behind about $2.5 bil- pled the populations in waters downstream last July in rural Preston County. The grow- lion in a trust fund expected to pay for any from an active mountaintop coal-mining op- ing blaze moved the mine to the top of a list ongoing work needed by 25 states and three eration. In one of the sample areas, the Mud of thousands of problem decades-old coal Indian tribes to address problems from pre- River watershed, which contains the largest sites in West Virginia awaiting cleanup and 1977 abandoned coal mines. West Virginia has tributary of the Guyandotte River, at least vying for limited federal funds. set aside about $55 million of its grant ‘‘100 point-source pollution-discharge per- State officials say $4.5 billion worth of money received already for continuing water mits associated with surface mining have work remains at more than 3,300 sites aban- treatment funded by the interest. been issued,’’ the study said. doned by coal companies before 1977, when The federal program has collected more North America’s central Appalachian Congress passed a law establishing a na- than $10.5 billion in fees from coal produc- Mountains, where the basin lies, are consid- tional fund for old cleanups. That program tion and distributed more than $8 billion in ered a global hot spot of freshwater-fish bio- was part of an effort to heal the state from grants to states and tribes, according to the diversity, but few researchers have inves- the ravages of an industry that once domi- federal Office of Surface Mining Reclamation tigated the impact of mountain strip mining nated its economy but has fallen on hard and Enforcement. It will provide nearly $181 on stream fish, and the effects ‘‘are poorly times. million in fiscal 2017. understood,’’ the study said. ‘‘We continue to discover threats from left- ‘‘West Virginia is right at the top for Hitt and Chambers found that the number behind mine pits, dangerous highwalls, acid needs,’’ said Chuck Williams, head of Ala- of species was cut in half and the abundance mine drainage that pollutes our water sup- bama’s efforts and past president of the Na- of fish fell by a third. The silverjaw minnow, plies, and hazardous mine openings,’’ federal tional Association of Abandoned Mine Lands director Joe Pizarchik said earlier this year. rosyface shiner, silver shiner, bluntnose min- Programs. He said Pennsylvania, Kentucky An Obama administration appointee, he re- now, spotted bass and largemouth bass, plus and West Virginia—all states with a mining signed effective last week. at least two other species detected before history that extends back two centuries—ac- Pollution and lurking underground dangers their study, were no longer there. count for the lion’s share of unfinished work from mining since 1977 fall into a different Another fish species—the small and worm- among the 28 states and Indian tribes in the category because the federal government like least brook lamprey, never before de- program. made them the responsibility of the compa- tected—had moved in. Despite being one of the most affected, fed- nies. They were required to post bonds before In areas of the river basin where there was eral officials have only one-third of West opening mines, with the state taking over if no mountaintop mining, fish flourished. In Virginia’s proposed cleanup costs on their $7 they default. addition to species that had been in those waters previously, seven new ones were billion national list of high-priority work. Ms. CANTWELL. The article talked The sites include old mines that leak acidic found, including the spotfin shiner, the water into streams and kill wildlife and dan- about Preston, WV, and a fire in an spottail shiner and the golden redhorse. gerous holes that attract children. Tunnels abandoned coal mine that smoldered ‘‘I think if we only focus on the fact that and caverns beneath homes also need to be for several years. This mine is one of it’s fish . . . some people will say, ‘So shored up and new water lines are needed ‘‘thousands of problem decades-old coal what?’??’’ Chambers said. But fish and the where wells are polluted. sites in West Virginia awaiting clean- invertebrates they eat are canaries in a coal ‘‘Our program exists to abate health and up.’’ mine for researchers, ‘‘indicators of the safety hazards,’’ said Rob Rice, chief of the These abandoned sites include old water quality,’’ he said. West Virginia Office of Abandoned Mine mines that leak acidic water into The USGS looks ‘‘at the nation’s water re- Lands and Reclamation, which is handling streams and killing wildlife. Tunnels sources . . . their significance to the nation, the mine fire. ‘‘We have so much need. It’s and tries to understand processes that are frustrating for us.’’ and caverns beneath homes threaten degrading water quality. Tainted water may Environmental improvements are a sec- water sources where wells are polluted. not be suitable for additional uses.’’ ondary but major benefit, he said. All of these are examples of the kind Research such as the USGS’ study of ‘‘This whole area has been extensively of damage that is being done by these mountaintop mining, published online this mined,’’ said Jonathan Knight, riding re- mines. month by the Society for Freshwater

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On rain measurements, States can Bill Raney, president of the West Virginia have paid a fine, but we are still living choose whether to require mines to Coal Association. ‘‘It sounds like this is one with the damage. prepare a hydrologic model about the of those studies that sets out to show there’s As my colleagues can see, this issue mine, and States can choose to allow harm done. It sounds like perhaps more of is about overriding a rule that helps mining companies to change their the same.’’ protect our streams and rivers and drainage patterns as they look at re- Raney said he has not seen the USGS study makes sure that the wildlife there has and cannot strongly criticize its methods or building ephemeral streams. conclusions, but people ‘‘don’t just wake up safe drinking water and to make sure There is a lot of flexibility for the in the morning and decide they are going to that we enjoy these natural areas. As I States. A lot of them haven’t been do mountaintop mining,’’ he said. ‘‘It takes have pointed out through this debate, doing as good a job as we would like, three to four years to get a permit. Every as- there are many jobs in the outdoor in- but you have to have a Federal stand- pect of the operation is analyzed.’’ dustry, and that is why sportsmen such ard. Your Federal standard is decades Mountaintop removal as a way of extract- as Trout Unlimited and the wildlife old. Science is telling us we have a ing coal has been in practice since the 1960s, problem. Please, please, do not pass but its use has expanded in the past two dec- federations that are coalitions of hunt- ades, and it now takes place in the Appa- ers and fishermen all support this rule this override of an important clean lachian regions of Ohio, Kentucky and Vir- and don’t want it overturned. water law. Instead, if we want to fix it, ginia in addition to West Virginia. I know that the coal industry has let’s sit down and do that legislatively. The coal that the process produces pro- spent $160 million over the last dozen- Let’s not allow the polluters to get vides power to hundreds of thousands of plus years trying to defeat regulation away with having their way on so homes, industry advocates say, and creates of its industry. Actually, the 0.1 per- many streams across America. about 14,000 jobs that pay middle-income sal- Mr. President, my comments here re- aries in regions where work is hard to find. cent they would have to pay was a lot ‘‘The average mining wage is more than lower than what they were spending on flect my understanding as ranking $66,000 per year . . . 57 percent higher than their lobbying issues. Instead, they member of the Senate committee of ju- the average for industrial jobs,’’ according to should help us all get to the bottom. risdiction over the Surface Mining the National Mining Association. ‘‘Moun- But why have we done this by trying Control and Reclamation Act, SMCRA. taintop mining accounts for approximately to fight today? That is because the I am strongly opposed to dis- 45 percent of the entire state’s coal produc- science has told us that since 1983, we approving the Office of Surface Mining tion in West Virginia.’’ Raney’s association disputes allegations have a lot more information about the Reclamation and Enforcement’s stream that mining destroys streams and moun- toxic level in the streams because of protection rule because I both support tains, saying that state permits and govern- these products. We simply want a rule the substance of the rule and I believe ment regulations require the land to be re- that reflects that the mining industry the Congressional Review Act is an in- stored after use. must measure and mitigate that im- appropriate and extreme legislative But the Sierra Club Eastern Missouri pact. What is wrong with allowing tool. Group called the practice ‘‘quite possibly the science to lead the way? While my opposition to H.J. Res. 38 worst environmental assault yet’’ because of and its Senate companion, S.J. Res. 10, the amount of landscape it removes and the I know our colleagues like to say effects on people and animals. that States should be left to do this, is clear, in the event that either resolu- Homeowners in one West Virginia commu- but you do have to have a Federal tion is enacted, I would look forward to nity, Lindytown, were bought out by a com- standard. You do have to have a Fed- a timely reissuance of a new rule. Not- pany before the town essentially disappeared eral standard that they adhered to. It withstanding the delay resulting from after mountaintop removal. Homes and a would be as if today I said: Let’s over- enactment of either disapproval resolu- grave site were left behind. Cascading debris ride what we have done in this Nation tion, the authority SMCRA grants to has buried streams, affecting a diversity of OSMRE through the Secretary of the wildlife, a major concern raised by the U.S. in setting a miles per gallon for auto- Environmental Protection Agency. mobiles and just leave it up to the Interior will persist—so will the clear Often, companies are granted exemptions States instead. obligations in the statute. that ease requirements to restore land. Con- Well, we are saying we should have The provision in the Congressional servationists call the practice a plunder, and fuel efficiency but let’s just leave it up Review Act that prohibits reissuance of protesters, including Quakers in Appalachia to the States about how many miles a future rule ‘‘in substantially the and demonstrators at the White House, have per gallon we really should have in same form’’ as the rule being dis- called on the government to end it and banks automobiles. approved, unless specifically author- to stop funding it. ‘‘Mountaintop-removal mining is one of If we did that, how many regulations ized by another future law, does not di- the fastest-changing land-use forms in the do you think we would have? Do you minish my confidence. Under the region,’’ Hitt said. ‘‘One of the main ques- think we would have the same fuel effi- ample authority granted to the Sec- tions for our research lab is how biological ciency we have today? retary of the Interior under SMCRA, a communities respond to land-use changes.’’ What is happening is these coal com- large variety of forms of implementing In the case of the fish, they seemingly do panies are going into States, going into its obligations under SMCRA remain not respond well, Chambers said. ‘‘To sum their areas, and lobbying lawmakers available to the Agency. up, 10 fish species were apparently extirpated there against regulation, and in a cou- The resolution represents a major from the mined sites,’’ meaning they were wiped out, he said. ple of cases I have discussed today they setback for many communities affected Fish with a more diverse diet appeared to were successful in getting Kentucky to by coal mining that had participated in fare well, but those that relied primarily on fall asleep at the switch so the citizens an extensive 8-year rulemaking proc- invertebrates, such as small aquatic insects, brought the lawsuits to clean up the ess. But it does not limit OSMRE’s tended to fare poorly. mines. They were successful because ability or obligation to implement ‘‘It’s telling us that the water quality is they finally caught the attention of SMCRA’s statutory requirements fully, changing,’’ Chambers said. Water in that area is not used for drinking, he said, but ‘‘if people who should have been doing including but not limited to regula- you look at it from a regulatory perspective, their job. tions that define material damage to you have to determine if the water is fish- This rule, as it has been put in place, the hydrologic balance outside the per- able, swimmable, drinkable—all of these are does give States flexibility. Its key def- mit area; give effect to the SMCRA’s benchmarks.’’ inition says States get discretion to es- prohibitions against material damage Ms. CANTWELL. The article states: tablish an objective criteria for meas- to the hydrologic balance outside the ‘‘The report found that the number of uring standards and restoring the permit area; prohibit harmful mining species was cut in half and the abun- streams. It basically says the final rule activity within a certain perimeter, in- dance of fish fell by a third, down- has several options to demonstrate cluding the stream buffer zone as under stream from these mining operations.’’ compliance on the area of fish-and- the 1983 regulations; require permitting I wish to talk about a mine now wildlife. States can use their judgment decisions to be based on full and com- owned by Murray Energy that in 2009 about the types, scope, and location of plete information; ensure protections

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.006 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S632 CONGRESSIONAL RECORD — SENATE February 2, 2017 for fish and wildlife; and guarantee NOT VOTING—1 The senior assistant legislative clerk that adequate financial assurances are Sessions read the nomination of JEFF SESSIONS, put into place to provide for full and The joint resolution (H.J. Res. 38) of Alabama, to be Attorney General. complete reclamation. was passed. The PRESIDING OFFICER. The ma- I expect any Secretary of the Interior The PRESIDING OFFICER. The ma- jority leader. to follow the law and fully implement jority leader. CLOTURE MOTION the ongoing obligations under SMCRA. f Mr. MCCONNELL. Mr. President, I I yield the floor. send a cloture motion to the desk. Mr. President, I suggest the absence MOTION TO PROCEED TO The PRESIDING OFFICER. The clo- of a quorum. EXECUTIVE SESSION ture motion having been presented The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the clerk will call the roll. move that the Senate proceed to execu- clerk to read the motion. The senior assistant legislative clerk tive session to consider Calendar No. The senior assistant legislative clerk proceeded to call the roll. 14, JEFF SESSIONS to be Attorney Gen- read as follows: Ms. CANTWELL. Mr. President, I ask eral. CLOTURE MOTION unanimous consent that the order for The PRESIDING OFFICER. The We, the undersigned Senators, in accord- the quorum call be rescinded. question is on agreeing to the motion. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without Mr. MCCONNELL. I ask for the yeas Standing Rules of the Senate, do hereby objection, it is so ordered. and nays. move to bring to a close debate on the nomi- Ms. CANTWELL. Mr. President, I The PRESIDING OFFICER. Is there a nation of JEFF SESSIONS, of Alabama, to be yield back the remainder of our time. sufficient second? Attorney General. There appears to be a sufficient sec- Mitch McConnell, Johnny Isakson, Jeff The PRESIDING OFFICER. All time Flake, Steve Daines, James Lankford, is yielded back. ond. Dan Sullivan, Thom Tillis, Rob The joint resolution was ordered to a The clerk will call the roll. Portman, John Hoeven, Roger F. third reading and was read the third The bill clerk called the roll. Wicker, John Thune, Deb Fischer, time. Mr. CORNYN. The following Senator James M. Inhofe, Tim Scott, Lindsey The PRESIDING OFFICER. The joint is necessarily absent: the Senator from Graham, Jerry Moran, Pat Roberts. resolution having been read the third Alabama (Mr. SESSIONS). f time, the question is, Shall the joint Mr. DURBIN. I announce that the resolution pass? Senator from Delaware (Mr. CARPER) is MOTION TO PROCEED TO Mr. BURR. Mr. President, I ask for necessarily absent. LEGISLATIVE SESSION the yeas and nays. The PRESIDING OFFICER. Are there Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Is there a any other Senators in the Chamber de- move to proceed to legislative session. sufficient second? siring to vote? The PRESIDING OFFICER. The There appears to be a sufficient sec- The result was announced—yeas 53, question is on agreeing to the motion. ond. nays 45, as follows: Mr. MCCONNELL. I ask for the yeas The clerk will call the roll. [Rollcall Vote No. 44 Leg.] and nays. The senior assistant legislative clerk YEAS—53 The PRESIDING OFFICER. Is there a called the roll. Alexander Fischer Murkowski sufficient second? Mr. CORNYN. The following Senator Barrasso Flake Paul There appears to be a sufficient sec- is necessarily absent: the Senator from Blunt Gardner Perdue ond. Boozman Graham Portman The clerk will call the roll. Alabama (Mr. SESSIONS). Burr Grassley Risch The PRESIDING OFFICER. Are there Capito Hatch Roberts The senior assistant legislative clerk any other Senators in the Chamber de- Cassidy Heller Rounds called the roll. Cochran Hoeven Rubio Mr. CORNYN. The following Senators siring to vote? Collins Inhofe Sasse Corker Isakson are necessarily absent: the Senator The result was announced—yeas 54, Scott Cornyn Johnson from South Carolina (Mr. GRAHAM) and nays 45, as follows: Shelby Cotton Kennedy the Senator from Alabama (Mr. SES- [Rollcall Vote No. 43 Leg.] Crapo Lankford Sullivan Thune SIONS). YEAS—54 Cruz Lee Daines Manchin Tillis The PRESIDING OFFICER. Are there Alexander Flake Moran Donnelly McCain Toomey any other Senators in the Chamber de- Barrasso Gardner Murkowski Enzi McConnell Wicker siring to vote? Blunt Graham Paul Ernst Moran Young Boozman Grassley Perdue The result was announced—yeas 51, Burr Hatch Portman NAYS—45 nays 47, as follows: Capito Heitkamp Risch Baldwin Harris Nelson Cassidy Heller Roberts [Rollcall Vote No. 45 Ex.] Bennet Hassan Peters Cochran Hoeven Rounds Blumenthal Heinrich Reed YEAS—51 Corker Inhofe Rubio Booker Heitkamp Sanders Cornyn Isakson Sasse Alexander Fischer Murkowski Brown Hirono Schatz Cotton Johnson Scott Barrasso Flake Paul Cantwell Kaine Schumer Crapo Kennedy Shelby Blunt Gardner Perdue Cardin King Shaheen Cruz Lankford Sullivan Boozman Grassley Portman Casey Klobuchar Stabenow Daines Lee Thune Burr Hatch Risch Coons Leahy Tester Donnelly Manchin Tillis Capito Heller Roberts Cortez Masto Markey Udall Enzi McCain Toomey Cassidy Hoeven Rounds Duckworth McCaskill Van Hollen Ernst McCaskill Wicker Cochran Inhofe Rubio Durbin Menendez Warner Fischer McConnell Young Collins Isakson Sasse Feinstein Merkley Warren Corker Johnson Scott NAYS—45 Franken Murphy Whitehouse Cornyn Kennedy Shelby Gillibrand Murray Wyden Cotton King Sullivan Baldwin Franken Nelson Crapo Lankford Thune Bennet Gillibrand Peters NOT VOTING—2 Cruz Lee Tillis Blumenthal Harris Reed Carper Sessions Daines McCain Toomey Booker Hassan Sanders Enzi McConnell Wicker Brown Heinrich Schatz The motion was agreed to. Ernst Moran Young Cantwell Hirono Schumer Cardin Kaine Shaheen f NAYS—47 Carper King Stabenow EXECUTIVE SESSION Baldwin Carper Feinstein Casey Klobuchar Tester Bennet Casey Franken Collins Leahy Udall Blumenthal Coons Gillibrand Coons Markey Van Hollen Booker Cortez Masto Harris Cortez Masto Menendez Warner EXECUTIVE CALENDAR Brown Donnelly Hassan Duckworth Merkley Warren Cantwell Duckworth Heinrich Durbin Murphy Whitehouse The PRESIDING OFFICER. The Cardin Durbin Heitkamp Feinstein Murray Wyden clerk will report the nomination.

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.011 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S633 Hirono Murphy Stabenow EXECUTIVE SESSION NAYS—47 Kaine Murray Tester Baldwin Gillibrand Nelson Klobuchar Nelson Udall Bennet Leahy Peters Harris Peters Van Hollen Blumenthal Manchin Reed Hassan Reed Warner Booker Markey Sanders EXECUTIVE CALENDAR Heinrich Sanders Warren Brown McCaskill Schatz Heitkamp Schatz Whitehouse Cantwell Menendez Schumer The PRESIDING OFFICER. The Hirono Schumer Wyden Cardin Merkley Shaheen clerk will report the nomination. Kaine Shaheen Carper Klobuchar Stabenow The senior assistant legislative clerk Casey Leahy NOT VOTING—2 Tester read the nomination of Thomas Price, Coons Manchin Graham Sessions Udall Cortez Masto Markey of Georgia, to be Secretary of Health Van Hollen The motion was agreed to. Donnelly McCaskill and Human Services. Duckworth Menendez Warner Warren f The PRESIDING OFFICER. The ma- Durbin Merkley jority leader. Feinstein Murphy Whitehouse Franken Murray Wyden LEGISLATIVE SESSION CLOTURE MOTION The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, I NOT VOTING—1 jority leader is recognized. send a cloture motion to the desk. Sessions The PRESIDING OFFICER. The clo- The motion was agreed to. f ture motion having been presented f MOTION TO PROCEED TO under rule XXII, the Chair directs the EXECUTIVE SESSION clerk to read the motion. LEGISLATIVE SESSION The assistant bill clerk read as fol- The PRESIDING OFFICER. The ma- Mr. MCCONNELL. Mr. President, I lows: move to proceed to executive session to jority leader. CLOTURE MOTION consider Calendar No. 13, Thomas Price f to be Secretary of Health and Human We, the undersigned Senators, in accord- Services. ance with the provisions of rule XXII of the MOTION TO PROCEED TO Standing Rules of the Senate, do hereby EXECUTIVE SESSION The PRESIDING OFFICER. The move to bring to a close debate on the nomi- question is on agreeing to the motion. nation of Thomas Price, of Georgia, to be Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I ask for the yeas Secretary of Health and Human Services. move to proceed to executive session to and nays. Mitch McConnell, David Perdue, Johnny consider Calendar No. 12, Steven The PRESIDING OFFICER. Is there a Isakson, Tom Cotton, Mike Crapo, Mnuchin to be Secretary of the Treas- sufficient second? James E. Risch, Jerry Moran, Pat Rob- ury. There appears to be a sufficient sec- erts, Roy Blunt, Lamar Alexander, The PRESIDING OFFICER. The ond. John Barrasso, Orrin G. Hatch, Jeff question is on agreeing to the motion. Flake, John Cornyn, Shelley Moore The clerk will call the roll. Capito, John Thune, Richard Burr. Mr. MCCONNELL. I ask for the yeas The bill clerk called the roll. and nays. Mr. CORNYN. The following Senator The PRESIDING OFFICER. Is there a f is necessarily absent: the Senator from sufficient second? Alabama (Mr. SESSIONS). There appears to be a sufficient sec- The PRESIDING OFFICER. Are there MOTION TO PROCEED TO ond. any other Senators in the Chamber de- LEGISLATIVE SESSION The clerk will call the roll. siring to vote: Mr. MCCONNELL. Mr. President, I The legislative clerk called the roll. The result was announced—yeas 51, move to proceed to legislative session, Mr. CORNYN. The following Senator nays 48, as follows: and I ask for the yeas and nays. is necessarily absent: the Senator from [Rollcall Vote No. 46 Leg.] The PRESIDING OFFICER. Is there a Alabama (Mr. SESSIONS). YEAS—51 sufficient second? The PRESIDING OFFICER. Are there Alexander Fischer Murkowski There appears to be a sufficient sec- any other Senators in the Chamber de- Barrasso Flake Paul ond. siring to vote? Blunt Gardner Perdue The question is on agreeing to the The result was announced—yeas 51, Boozman Graham Portman motion. nays 48, as follows: Burr Grassley Risch Capito Hatch Roberts The clerk will call the roll. [Rollcall Vote No. 48 Leg.] Cassidy Heller Rounds The senior assistant legislative clerk YEAS—51 Cochran Hoeven Rubio called the roll. Collins Inhofe Sasse Alexander Fischer Murkowski Corker Isakson Scott Mr. CORNYN. The following Senator Barrasso Flake Paul Cornyn Johnson Shelby is necessarily absent: the Senator from Blunt Gardner Perdue Boozman Graham Portman Cotton Kennedy Sullivan Alabama (Mr. SESSIONS). Burr Grassley Risch Crapo Lankford Thune The PRESIDING OFFICER. Are there Cruz Lee Tillis Capito Hatch Roberts Daines McCain Toomey any other Senators in the Chamber de- Cassidy Heller Rounds Enzi McConnell Wicker siring to vote? Cochran Hoeven Rubio Ernst Moran Young Collins Inhofe Sasse The result was announced—yeas 52, Corker Isakson Scott NAYS—48 nays 47, as follows: Cornyn Johnson Shelby Cotton Kennedy Baldwin Gillibrand Murray [Rollcall Vote No. 47 Ex.] Sullivan Crapo Lankford Bennet Harris Nelson Thune YEAS—52 Cruz Lee Blumenthal Hassan Peters Tillis Daines McCain Booker Heinrich Reed Alexander Flake Paul Toomey Enzi McConnell Brown Heitkamp Sanders Barrasso Gardner Perdue Wicker Ernst Moran Cantwell Hirono Schatz Blunt Graham Portman Young Cardin Kaine Schumer Boozman Grassley Risch NAYS—48 Carper King Shaheen Burr Hatch Roberts Baldwin Durbin Manchin Casey Klobuchar Stabenow Capito Heller Rounds Bennet Feinstein Markey Coons Leahy Tester Cassidy Hoeven Rubio Blumenthal Franken McCaskill Cortez Masto Manchin Udall Cochran Inhofe Sasse Collins Isakson Booker Gillibrand Menendez Donnelly Markey Van Hollen Scott Corker Johnson Brown Harris Merkley Duckworth McCaskill Warner Shelby Durbin Cornyn Kennedy Cantwell Hassan Murphy Menendez Warren Sullivan Feinstein Merkley Whitehouse Cotton King Cardin Heinrich Murray Thune Franken Murphy Wyden Crapo Lankford Carper Heitkamp Nelson Cruz Lee Tillis Casey Hirono Peters NOT VOTING—1 Daines McCain Toomey Coons Kaine Reed Wicker Sessions Enzi McConnell Cortez Masto King Sanders Ernst Moran Young Donnelly Klobuchar Schatz The motion was agreed to. Fischer Murkowski Duckworth Leahy Schumer

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.009 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S634 CONGRESSIONAL RECORD — SENATE February 2, 2017 Shaheen Udall Warren NAYS—48 Markey Peters Tester Stabenow Van Hollen Whitehouse McCaskill Reed Udall Baldwin Gillibrand Murray Tester Warner Wyden Menendez Sanders Van Hollen Bennet Harris Nelson Merkley Schatz Warner Blumenthal Hassan Peters NOT VOTING—1 Murphy Schumer Warren Booker Heinrich Reed Sessions Murray Shaheen Whitehouse Brown Heitkamp Sanders Nelson Stabenow Wyden The motion was agreed to. Cantwell Hirono Schatz Cardin Kaine Schumer The motion was agreed to. f Carper King Shaheen Casey Klobuchar Stabenow f EXECUTIVE SESSION Coons Leahy Tester Cortez Masto Manchin Udall PROVIDING FOR CONGRESSIONAL Donnelly Markey Van Hollen DISAPPROVAL OF A RULE SUB- Duckworth McCaskill Warner MITTED BY THE SECURITIES EXECUTIVE CALENDAR Durbin Menendez Warren AND EXCHANGE COMMISSION Feinstein Merkley Whitehouse The PRESIDING OFFICER. The Franken Murphy Wyden The PRESIDING OFFICER. The clerk will report the nomination. The motion was agreed to. clerk will report the joint resolution. The senior assistant legislative clerk The legislative clerk read as follows: f read the nomination of Steven T. A resolution (H.J. Res. 41) providing for Mnuchin, of California, to be Secretary LEGISLATIVE SESSION congressional disapproval under chapter 8 of of the Treasury. title 5, United States Code, of a rule sub- The PRESIDING OFFICER. The ma- The PRESIDING OFFICER (Mr. mitted by the Securities and Exchange Com- jority leader. BLUNT). The majority leader. mission relating to ‘‘Disclosure of Payments by Resource Extraction Issuers.’’ CLOTURE MOTION f Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Pursuant send a cloture motion to the desk. PROVIDING FOR CONGRESSIONAL to 5 U.S.C. 802(d)(2), there will now be The PRESIDING OFFICER. The clo- DISAPPROVAL OF A RULE SUB- up to 10 hours of debate, equally di- ture motion having been presented MITTED BY THE SECURITIES vided between the proponents and the under rule XXII, the Chair directs the AND EXCHANGE COMMISSION— opponents of the joint resolution. clerk to read the motion. MOTION TO PROCEED The Senator from Idaho. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I Mr. CRAPO. Mr. President, I rise CLOTURE MOTION move to proceed to H.J. Res. 41. today to discuss the regulatory burden We, the undersigned Senators, in accord- The PRESIDING OFFICER. The imposed by the SEC’s extractive re- ance with the provisions of rule XXII of the clerk will report the motion. source rulemaking and offer my sup- Standing Rules of the Senate, do hereby The senior assistant legislative clerk port for the resolution to disapprove it. move to bring to a close debate on the nomi- read as follows: I will take a few minutes to talk nation of Steven T. Mnuchin, of California, Motion to proceed to H.J. Res. 41, a joint about the complicated history of this to be Secretary of the Treasury. resolution providing for congressional dis- rule and then about the concerns with Mitch McConnell, Roger F. Wicker, John approval under chapter 8 of title 5, United the way it was formulated. Boozman, Orrin G. Hatch, Roy Blunt, States Code, of a rule submitted by the Secu- The SEC originally adopted the rule John Cornyn, Steve Daines, Tim Scott, rities and Exchange Commission relating to John Hoeven, Michael B. Enzi, John in 2012 and was challenged in court by ‘‘Disclosure of Payments by Resource Ex- the Chamber of Commerce and the Barrasso, John Thune, Mike Rounds, traction Issuers.’’ Mike Crapo, James M. Inhofe, Joni American Petroleum Institute. In 2013, Ernst, Chuck Grassley. The PRESIDING OFFICER. The the U.S. district court threw out the question is on agreeing to the motion. regulation, contending, among other f Mr. MCCONNELL. I ask for the yeas things, that the SEC misread the re- MOTION TO PROCEED TO and nays. quirements of the statute. The SEC did LEGISLATIVE SESSION The PRESIDING OFFICER. Is there a not appeal the decision, acknowledging sufficient second? that it needed to rewrite the rule. Mr. MCCONNELL. Mr. President, I There appears to be a sufficient sec- The SEC’s proposed timetable for a move to proceed to legislative session. ond. new rule was delayed several times, The PRESIDING OFFICER. The The clerk will call the roll. and in 2014, Oxfam America sued to question is on agreeing to the motion. The legislative clerk called the roll. compel the SEC to move forward on a Mr. MCCONNELL. I ask for the yeas The result was announced—yeas 52, new rulemaking. The court ordered the and nays. nays 48, as follows: SEC to file an expedited schedule and, The PRESIDING OFFICER. Is there a [Rollcall Vote No. 50 Leg.] as a result, a new rule was proposed in sufficient second? YEAS—52 2015 and finalized last year. There appears to be a sufficient sec- As one can see, this rule and its var- ond. Alexander Flake Perdue Barrasso Gardner Portman ious iterations have been fraught with The clerk will call the roll. Blunt Graham Risch controversy for many years. Advocates The senior assistant legislative clerk Boozman Grassley Roberts of the rule have said that it will com- called the roll. Burr Hatch Rounds Capito Heller bat corruption in resource-rich na- The result was announced—yeas 52, Rubio Cassidy Hoeven tions. The SEC’s final rule raised nays 48, as follows: Sasse Cochran Inhofe Scott Collins Isakson doubts about this. The final rule stated [Rollcall Vote No. 49 Ex.] Sessions Corker Johnson several things, including: The direct Shelby YEAS—52 Cornyn Kennedy Sullivan causal relationship between increased Alexander Flake Perdue Cotton Lankford Thune transparency in the extractive indus- Barrasso Gardner Portman Crapo Lee Tillis try and social benefits is ‘‘inconclu- Blunt Graham Risch Cruz McCain Toomey Boozman Grassley Roberts Daines McConnell sive.’’ In fact, it noted that ‘‘research Wicker Burr Hatch Rounds Enzi Moran and data available at this time does Ernst Young Capito Heller Rubio Murkowski not allow us to draw any firm conclu- Cassidy Hoeven Fischer Paul Sasse sions.’’ Unlike the potential benefits, Cochran Inhofe Scott Collins Isakson NAYS—48 Sessions though, the costs are reasonably cer- Corker Johnson Baldwin Coons Hassan Shelby tain. Cornyn Kennedy Bennet Cortez Masto Heinrich Sullivan Cotton Lankford Blumenthal Donnelly Heitkamp The SEC estimated up to $700 million Crapo Lee Thune Booker Duckworth Hirono in initial costs and up to $590 million in Cruz McCain Tillis Brown Durbin Kaine ongoing annual costs. Put another way, Toomey Daines McConnell Cantwell Feinstein King each company would endure between Enzi Moran Wicker Cardin Franken Klobuchar Ernst Murkowski Young Carper Gillibrand Leahy $560,000 and $1.6 million in initial costs, Fischer Paul Casey Harris Manchin and between $224,000 and $1.3 million in

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.013 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S635 additional costs each year. We cannot couple of questions to ease my fears through extensive years-long adminis- view these costs as affecting only the about this question. trative and public review, including on largest companies, but must consider First, I would like to direct a couple issues that agencies were specifically the plight of the smaller ones. of questions to the chairman. It is my ordered by this Congress to study and Just under half of all companies cov- understanding that this joint resolu- address. ered by this rule are considered smaller tion does not—underscore not—repeal Republicans’ unprecedented use of companies, and they would be dis- section 1504 of Dodd-Frank law; is that the CRA is not about Congress per- proportionately impacted by millions correct? forming due diligence or agency over- of dollars in fixed costs—money that Mr. CRAPO. Yes, that is correct. sight, it is a gross abuse of power to could be better spent on jobs and What this resolution does is to cause make their big corporate allies happy. growth. the current SEC rule to not take effect. I heard my friend from Idaho talk Finally, the President’s statement of As it was characterized yesterday on about the Chamber of Commerce and administration policy also endorses the House floor and will be character- the American Petroleum Institute. this resolution. Some of the reasons it ized further today on the Senate floor, That is just a start. highlights include: what the SEC will need to do is to go The rule they are trying to repeal In some cases, the rule would require com- back to the drawing board and come up protects U.S. citizens and investors panies to disclose information that the host with a better rule that complies with from having millions of their dollars nation of their project prohibits from disclo- the law of the land. vanish into the pockets of corrupt for- sure or is commercially sensitive. Mr. ISAKSON. I thank the chairman eign oligarchs. It does that by requir- The rule would impose unreasonable com- for that answer. ing all oil, gas, and mineral companies pliance costs on American energy companies I would like his commitment to work listed on U.S. stock exchanges to dis- that are not justified by quantifiable bene- with me and other members of the cau- fits. close the royalties and the bonuses and Moreover, American businesses could face cus who are concerned and who want to the fees and the taxes and other pay- a competitive disadvantage in cases where be assured that the SEC will move for- ments they make to foreign govern- their foreign competitors are not subject to ward with the implementation of this ments. similar rules. replacement provision as soon as pos- This kind of transparency is essential I have repeatedly stressed the need sible. to combating waste, fraud, corruption, for the U.S. financial system and mar- Mr. CRAPO. I thank my colleague. I and mismanagement, as Senator ISAK- kets to remain the preferred destina- will work to ensure that the SEC im- SON talked about the poverty he sees in tion for investors throughout the plements all of its congressional man- these resource-rich countries. world, and this rule harms this status. dates. Yet Rex Tillerson, whom this body I urge my colleagues to support this Mr. ISAKSON. I thank the Chair. just, I believe yesterday, confirmed resolution and to preserve the integ- Mr. CRAPO. Mr. President, I yield with a pretty much partisan vote—Rex rity of our securities laws and capital the floor. Tillerson and congressional Repub- markets. The PRESIDING OFFICER. The Sen- licans want to strip it away. Rex Mr. President, I ask unanimous con- ator from Ohio. Tillerson, in his years as CEO of Mr. BROWN. Mr. President— sent to at this time enter into a col- ExxonMobil—and we will talk about Mr. INHOFE. Will the Senator from loquy with my colleague from Georgia, that in a moment—strongly opposed Ohio yield for a request? this rule, almost by himself, with Senator ISAKSON. I ask unanimous consent that at the The PRESIDING OFFICER. Is there ExxonMobil as the head of that com- conclusion of the remarks of the Sen- pany. objection? ator from Ohio, I be recognized for up Without objection, it is so ordered. At Mr. Tillerson’s confirmation hear- to 5 minutes. ing, Senator KAINE from Virginia in- Mr. ISAKSON. Mr. President and The PRESIDING OFFICER. Is there chairman of the Banking Committee, I troduced into the record a 2008 report objection? by Republican Senate Foreign Rela- appreciate the time and the recogni- Mr. BROWN. Up to 5 minutes? tions Committee staff. That report was tion. As the chairman knows, I am a Mr. GRASSLEY. OK, as long as I get the basis—Republican staff, I assume member of the Foreign Relations Com- to speak after this issue is over. mittee and a former chairman of the The PRESIDING OFFICER. Without at the behest of Senator Lugar and African Subcommittee, and I have objection, it is so ordered. others—that report was the basis for traveled to both of those continents for Mr. BROWN. Mr. President, I rise in what eventually became section 1504 of many years. I have seen resource-rich opposition to the resolution before us, Dodd-Frank, known as the bipartisan and poverty-poor countries where they which really ought to be titled the Cardin-Lugar amendment to fight cor- have a natural resource investment ‘‘Kleptocrat Relief Act.’’ ruption in mineral-rich developing and wealth, but they never reinvest in My Republican colleagues today are countries. That report concluded that their people. trying to repeal a critical bipartisan many resource-rich countries are poor I think transparency is important in rule initiated by Senator Lugar, a Re- because their vast mineral resources seeing to it that the resources they re- publican from Indiana, and Senator often breed corruption. That corrup- ceive for selling those natural re- CARDIN, a Democrat from Maryland. It tion lines the pockets of the sources are made available to their is a critical bipartisan rule to prevent kleptocrats—read ‘‘thieves’’—increases people so that the resources go to the corruption. poverty, increases hunger, and in- benefit of the people and not the gov- This transparency rule is part of the creases instability. ernment. Dodd-Frank Wall Street reform law. It As Senator Lugar said: Are you also aware that I am not a is one of the best anti-corruption tools Paradoxically, history shows that rather big supporter of the Dodd-Frank disclo- that President Trump now has to keep than a blessing, energy reserves can be a sure bill, but I also have concerns that bane for many poor countries, leading to his promise to, in his words, ‘‘drain the fraud, corruption, wasteful spending, mili- simply vacating the rule implementing swamp’’ in Washington and around the tary adventurism and instability. Too often, the Lugar-Cardin amendment without world. oil money that should go to a nation’s poor providing for a replacement would cre- But now, in just week 2 of his Presi- ends up in the pockets of the rich or is ate a setback for U.S. leadership in dency, Republicans are racing to use an squandered on the trappings of power and anti-corruption efforts around the obscure law called the Congressional massive showcase projects instead of being world? Review Act to wipe it out. The CRA invested productively and equitably. Because of what we have done in was not intended to hand a new Presi- That is called the resource curse. It transparency and anti-corruption, dent the power to roll back regulations prevails all over the world today. For countries like the United Kingdom, the that protect workers, protect the envi- example, oil-rich Venezuela is running EU, Norway, and Canada have followed ronment, protect investors, and protect out of food and medicine. Resource- our lead, and I do not want to lose consumers. rich Nigeria is in an economic mess that. Therefore, I wish to ask the In this case, Republicans are using wracked by terrorism and poverty. chairman of the Banking Committee a the CRA to target rules that have gone Armed groups have fought for years

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How could the citi- Government may have valued the li- the Organisation for Economic Co-op- zens of Equatorial Guinea know how censes at $2.5 billion and that the Chi- eration and Development. But oil com- much royalty money was coming in for nese oil company CNOOC offered to pay panies can no longer hide behind the their oil in their country and where it $3.7 billion for the same licenses—over excuse of confidentiality. Increasingly, was going when it was in a secret ac- six times the amount reportedly paid companies are expected to disclose count controlled by a dictator? The an- by ExxonMobil. what they pay in taxes and other pay- swer, obviously, is they couldn’t. Other incredible and notorious exam- ments to governments whose natural The report from the PSI—the com- ples abound. It would be reason enough resources they extract. That is what mittee that investigated—documented for us to act to try to help the millions this language from Senator Lugar, that some of the funds from that ac- of people around the world who are vic- Senator CARDIN, and Senator LEAHY count were used to make suspicious tims of this corporate collusion, but in did. That is what the rule does. That is transactions. The United States then today’s world, the resource curse what we should do. This Congress investigated the President-for-life’s doesn’t just impact far-off countries; it wants to undo that. This is now re- family finances. Prosecutors noted affects Americans every day. It has em- quired under the laws of the United that President-for-life Obiang’s son powered anti-American dictators in States and 30 other countries, as well ‘‘received an official government sal- Iraq, Libya, and Syria, situations as international initiatives. In other ary of less than $100,000 a year but used which cost American lives and Amer- ican taxpayer dollars. It worsens global words, what we did here was followed his position and influence as a govern- poverty, which can be a seedbed and a by 30 other countries, and a number of ment minister to amass more than $300 fertile growing ground for terrorism more responsible energy companies, I million worth of assets through corrup- against us and our allies. It leads to would say, passed this language and tion and money laundering.’’ He paid the instability that threatens global began to implement these laws. himself $100,000 but found a way to The Extractive Industries Trans- amass $300 million more—all in viola- oil supplies. It raises gas prices at parency Initiative is a global standard tion of the laws of his country and our home. That is why we need this rule—all of that aims to put information about country both. the above—to protect American na- government revenues from natural re- In 2014, the son settled a case brought tional security interests by combating source deals into the public domain in by Federal prosecutors. He agreed to sell his $30 million mansion in Malibu, the corruption and secrecy, with all 51 countries, including ours. This in- these oil companies at the table with cludes telling us what taxes the compa- his Ferrari, and various items of Mi- chael Jackson memorabilia he had col- them. That has caused conflict, insta- nies pay, which is key to ensuring citi- bility, and violent extremist move- zens know what benefits they get— lected. The New York Times reported earlier ments in Africa and the Middle East. from Venezuela or Nigeria or Congo— this month that he is still working to As ISIS has demonstrated, nonstate ac- from their own natural resources. tors benefit from trading natural re- Let me offer some concrete examples delay his trial on corruption charges in France, where prosecutors say he sources in order to finance their ter- of the kind of corruption we are talk- amassed a personal fortune of $115 mil- rorist operations. ing about. This just turns your stom- lion, which he used to indulge his Despite all this, the Republican-led ach. House of Representatives, as Senator In Equatorial Guinea, according to tastes. When he served as Agriculture Min- CRAPO said, voted yesterday to repeal anti-corruption groups, oil companies, ister of Equatorial Guinea, prosecutors this bipartisan initiative—an initiative including Exxon, have had a long his- say he used his influence over the tim- that holds Big Oil accountable and pro- tory of problems on this front. The re- ber industry—next to oil, the most im- tects the American people. Today, the gime of President-for-life Obiang, who portant export industry in the coun- Senate Republican leadership is fol- executed his brutal uncle to gain power try—to line his pockets. lowing suit. It is a little ironic in light almost 40 years ago, has been tarnished Last November, prosecutors in Swit- of the fact that Candidate Trump, at with allegations of corruption, cro- zerland seized luxury cars belonging to almost every rally in my State, almost nyism, brutal political repression, rou- him, and last month, at the request of every rally in State after State after tine human rights violations, and drug the Swiss, the Dutch authorities seized State where he was campaigning, trafficking for years and years. his 250-foot, $100 million yacht named talked about draining the swamp. Years ago, the Senate Permanent the ‘‘Ebony Shine’’ as it was about to Since the rule’s creation, Subcommittee on Investigations re- sail to Equatorial Guinea. He said the ExxonMobil, led by Mr. Tillerson—now leased a report and held a public hear- yacht belonged to his country’s govern- the Secretary of State—and Big Oil al- ing which revealed that a number of oil ment. All the while, his people are lies, such as the American Petroleum companies—again, ExxonMobil; they starving. Institute, the U.S. Chamber of Com- keep coming up in this—were making You can’t make this stuff up. If the merce, and the Heritage Foundation, direct payments into an account in the bill before us were adopted, the Obiang have fought to kill it. name of the Republic of Equatorial family would be celebrating. They Who else opposes this rule besides Guinea located at Riggs Bank in Wash- would be celebrating in Washington, in Senate Republicans, House Repub- ington, DC. Virtually all of the money California, and in Equatorial Guinea. licans, and President Trump? There are in the account, tens of millions of dol- In Nigeria, again according to Global the autocrats in Russia. We know lars, consisted of royalties and other Witness, a major oil deal struck by— about the connections between Russia payments from oil companies, pri- surprise—ExxonMobil with the Nige- and the Secretary of State. We don’t marily—surprise—ExxonMobil, to the rian Government is being investigated know quite enough about the connec- country of Equatorial Guinea for the by Nigeria’s Economic and Financial tions between our President and Presi- right to explore and produce oil in that Crimes Commission, a law enforcement dent Putin because we can’t get the country. But instead of paying the agency that investigates high-level President’s tax returns. We know money to the government or the na- corruption. The probe centers on a pro- something is going on. Everybody tional treasury of Equatorial Guinea, tracted and controversial deal agreed knows it. Nobody knows quite what. the companies sent the money to the to by ExxonMobil and the Nigerian Who else opposes it? Autocrats in account at Riggs Bank. That account Government in 2009 to renew three lu- Iran, where Advisor Flynn made some was controlled by President-for-life crative oil licenses, which at the time interesting and provocative comments Obiang and two of his relatives. The ac- accounted for around a quarter of Nige- today, autocrats in Venezuela, auto- count signatories were the President- ria’s entire oil production. crats in Africa with oil wells, gasfields,

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How can that was considered, it was dealing with More than 30 countries—mostly the cost millions of dollars? banks and financial institutions. It had United States, Canada, and European The Cardin-Lugar rule makes Big nothing to do with energy. Yet section nations—have adopted similar anti- Business and government more trans- 1504 was put in there. Part of section corruption standards. Senator Lugar, parent, fights corruption, and does it 1504 required that information be pro- Senator LEAHY, and Senator CARDIN’s all without hurting taxpayers. It is a vided during the course of a competi- law passed as part of Dodd-Frank, and creative approach to global problems tive situation for some kind of a the SEC is adopting this rule. More that our leaders did embrace until we project. than 30 other countries in the world had a President who wants to ‘‘drain I will give you an example. We have followed our lead, and some of the the swamp,’’ he says—should be em- a private sector in our oil and gas. For more responsible oil companies were bracing, not rejecting at the behest of China, that is a government project. If prepared to comply. So to be clear, just a few actors. we are competing with them—let’s say with Europe and Canada in the same Again, who is lobbying to overturn for some cause that is in Tanzania or disclosure system, the playing field is this rule? It is autocrats around the someplace—they said, so that there is a now level. It is working. world. It is Exxon. It is the American safeguard and there can’t be corrup- Many companies already report such Petroleum Institute. It is a very small tion, so that if we should win—I say payments under European rules and number of companies, when so many ‘‘we,’’ but I am talking about the pri- are doing just fine, so this is hardly people are on the other side. vate sector in the United States of causing them undue burdens in the reg- If we repeal this measure today, America—then they have to report the ulatory framework that my colleagues shareholders, investors, and poor com- information to the SEC, which in turn like to talk about. That is why many munities around the world will con- makes it published. Their intent was in industry support the rule, despite tinue to see their money and natural not to have to break down everything the actions of Exxon, the bad actor resources stolen by crooked oligarchs. that was in that offer. It is the bottom We will be undoing the moral leader- here, and the CEO of Exxon—now, line. ship. This is in so many ways a moral What is the total cost that goes to amazingly, our Secretary of State. BP and Shell—two major, large oil question that Senator CARDIN, Senator these countries? What are the total companies—have publicly endorsed Lugar, and Senator LEAHY brought to costs? That is all they care about be- payment reporting and lining up U.S. us bipartisanly, with broad support by cause if that money went to Tan- both parties. We will be turning a blind rules with those in other markets. For- zania—and there are some corrupt offi- eye to corruption, we will be betraying cials there and they might steal some eign and state-owned oil companies our principles, and we will be undercut- of the money, but to keep that from from China and Brazil, including ting our allies in Europe and Canada happening, we want to report what the CNOOC, PetroChina, Sinopec, and Bra- who followed our lead and crafted their cost was in the winning party. You zil’s Petrobras, are required to disclose own rules based on ours. don’t have to have all that informa- under U.S. rules, leveling the playing Under the terms of the Congressional tion. field for U.S. companies. Gazprom, Review Act, any future ‘‘substantially In fact, in 2013, the court struck this Rosneft, BP, and Shell already report similar’’ rule will be forever prohibited down because they said that was not under UK rules. The largest mining from being written by the SEC. That the intent. The intent was to have the companies in the world, including makes no sense. total figure, so they said, even sug- Newmont Mining, BHP Billiton, and I hope this effort fails. I know my Re- gested—and our intent at that time Rio Tinto, have supported similar re- publican colleagues understand this be- was to vacate that, as the court did va- porting. Oil, gas, and mining workers cause enough of my colleagues recog- cate that rule and send it back and unions, such as United Steelworkers, nize the merits of this anti-corruption have the SEC redo it in such a way back the rule. measure and they refuse to kowtow to that it would affect only the amount of Notice who doesn’t back the rule: the dinosaur wing of Big Oil. It is not money that would go that might cause Exxon, the American Petroleum Insti- even all of Big Oil; it is the dinosaur some corruption at some time. That is tute, and autocrats in Iran, Russia, and wing of Big oil. It is the autocrats. It is what it was all about. Unfortunately, Venezuela. the American Petroleum Institute. It they put together another one that was Investors also support it—including is the Chamber of Commerce. It is very similar and required a lot of infor- investor groups with $10 trillion under ExxonMobil. mation that was not necessary. management—so they can better un- I thank Senator CARDIN and Senator I would like to correct something on derstand and manage the reputational, LEAHY for their work, and I thank the CRA that the Senator from Ohio expropriation, sanction, and other former Senator Lugar from Indiana for said. The CRA is there because when an risks facing firms in which they invest. the important work he did on this unelected bureaucrat comes out with It is supported by the American Catho- measure. some kind of an unreasonable rule that lic bishops, the Presbyterian Church— The PRESIDING OFFICER. The Sen- is very costly to the people of this all kinds of religious groups. ator from Oklahoma. country and it is done by someone who Who is against it? Republicans in the Mr. INHOFE. Mr. President, I know is not an elected official, the elected House, Republicans in the Senate, the that President Obama is gone now, but official says: Look at this. Wait a President of the United States, his War on Fossil Fuels is alive and minute. This is something that people ExxonMobil, the Secretary of State, well. However, they are not winning are complaining about when I go home. who used to be CEO of ExxonMobil, and that. They love that because they can say: autocrats in Iran and Venezuela. We Back in Oklahoma, they ask me the This wasn’t me. This wasn’t me. This get the picture. question sometimes: If all of the lib- was an unelected bureaucrat that put All these groups who care about jus- erals are concerned and if they are all these rules in. tice, who care about fair play, who care opposed to fossil fuels—and to nuclear, What a CRA does is make us in the about doing business with predictable I might add; coal, oil, gas, and nu- House and in the Senate more account- and fair rules, like BP and Shell, all of clear—if coal, oil, gas, and nuclear are able because we have to then stand up them support it—Global Witness, the responsible for 89 percent of the power and vote on something, saying that we ONE Campaign, Oxfam, and Publish it takes to run this country, how do endorse this rule or we don’t endorse What You Pay. you run the country without those? this rule. That is what it is all about. We need to be clear on one other Those are the kinds of questions we Anyway, we have an opportunity thing my friend from Idaho said: This get. here to go ahead, and I am certainly

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From the royal- If that happens, then we will know Some Republicans and their friends ties paid by U.S. and other foreign how much money that was, and we will in the oil and gas industry say this rule companies. be able to go to the party and find out creates unacceptable burdens. That is Do we really want to be complicit in if they are stealing some of this utterly without merit, as I will explain that kind of thievery and immorality money. Why is it necessary to have all in a moment. by shielding it from public scrutiny? of the components of competition when But even assuming there were a grain Do we really think that the American you have the private sector in the of truth to that, rather than proposing people want to be tarred with it indi- United States of America competing to amend the underlying legislation, rectly through the shady activities of with countries like China where it is a which would require bipartisan sup- American companies? Do we really government-owned institution? port, this resolution is being advanced want to hide important information That is all this is about. All we want under the Congressional Review Act, to from investors who are trying to assess to do is to be able say we want to re- enable a simple majority vote to com- risk in the companies they invest in? port so that the public knows how pletely dismantle the rule with min- Of course not. much the total bid or, in this case, the imum debate. Anyone who reads this rule and pays total amount was, not all the compo- Keep in mind that the rule is simply the slightest attention to the esti- nents that went into the calculation of the product of the U.S. Securities and mated $1 trillion lost to crime, corrup- that. That is all it is about. Exchange Commission, SEC, imple- tion, and tax evasion in these countries My time has expired. menting bipartisan congressional in- and the millions of deaths attributed I yield the floor. tent and would not take effect until to corrupt practices where these ex- The PRESIDING OFFICER (Mr. the end of 2018. Despite what some have tractive companies operate will recog- YOUNG). The majority leader. claimed, the SEC has not twisted the nize the fallacy of the baseless attacks ORDER OF BUSINESS statute in any way when they devel- by those who oppose it. The sponsors of this resolution claim Mr. MCCONNELL. Mr. President, I oped this rule. But if this rule is over- that this rule puts American busi- wish to lay out the schedule for every- turned, the SEC will be prevented from nesses at a competitive disadvantage. one. I know they are interested in issuing any substantially similar rule, What are they talking about? The rule knowing the way forward. I have dis- potentially in our lifetimes. applies to both U.S. and foreign compa- cussed with the Democratic leader In other words, what we are doing here is, for all practical purposes, the nies and complements existing laws where we go from here. elsewhere in the world. In fact, Chinese The Senate is going to debate the death knell for global efforts—involv- state-owned companies, like pending joint resolution tonight for as ing most of our closest allies—to com- PetroChina and Sinopect, are covered long as there is interest in debate. To- bat massive corruption resulting from the extraction of natural resources and by the U.S. law. Great Britain, the EU, morrow the Senate will convene at 6:30 Canada, and Norway are just four ex- a.m. and immediately proceed to two help investors assess risk in the often murky and unstable oil, gas, and min- amples of governments that have rollcall votes: passage of the joint reso- adopted similar rules, with Russian ing sectors. This is an issue on which lution of disapproval and cloture on state-owned companies like Rosneft the United States, until now, has been the nomination of Betsy DeVos. and Gazprom covered in the U.K. Restating that, debate tonight as a global leader. I challenge the sponsors of this legis- I mention this because the sponsors long as our friends on the other side lation to provide any objective facts to of this resolution have said that they would like to debate, and tomorrow we support the argument that U.S. compa- support the goals of this rule, and all will convene at 6:30 a.m. and imme- nies are disadvantaged by this rule. they want to do after overturning it is diately turn to two rollcall votes: pas- That is a pernicious myth. sage of the joint resolution of dis- make some minor adjustments to it. The sponsors have also repeated the approval and cloture on the nomina- That is the epitome of disingenuous. self-serving claims of the petroleum in- tion of Betsy DeVos. The rule does not take effect until the dustry that complying with this rule The PRESIDING OFFICER. The Sen- end of 2018. If that was what they real- would unacceptably increase their cost ator from Vermont. ly wanted to do, they would propose an of doing business. While that has be- Mr. LEAHY. Mr. President, has the amendment, and we could discuss it. come the predictable complaint of the distinguished majority leader finished? Their real purpose, even if they are re- business community whenever such a Mr. MCCONNELL. Yes. luctant to say so, is to prevent disclo- rule is promulgated, in this instance, Mr. LEAHY. Mr. President, Repub- sure. they base it on an outdated and dis- licans in both Chambers have intro- This rule has two primary purposes. credited analysis. The irony is that, duced a resolution to permit oil, gas, First, it is to protect investors. Inves- even if one were to agree with their and mining companies to continue tors whose combined net worth exceeds most farfetched, worst-case scenario, it making secret payments—involving $10 trillion, support this rule and its pales compared to their immense prof- billions of dollars—to corrupt foreign equivalency with the rules adopted by its. governments in exchange for access to some 30 other governments. And sec- If we overturn our rule, what pre- their countries’ natural resources. ond, to protect the public. vents others from doing the same? And This resolution would overturn legis- The practical effect of overturning then we are right back where we start- lation on which I worked closely with this rule is that U.S. and foreign com- ed. Once again, we will have paved the former Republican Senator Richard panies will be able to continue to make way for secret payments and billions of Lugar and Senator CARDIN and was in- secret payments to corrupt foreign dollars stolen from the public treas- cluded as section 1504 of the Dodd- autocrats like Vladimir Putin and uries and squirreled away in Swiss Frank Wall Street Reform and Con- kleptocracies in Africa like the govern- bank accounts by the Robert Mugabes sumer Protection Act to provide great- ments of Angola and Equatorial Guin- of the world. er transparency when such payments ea. By doing so, these companies will There is another aspect to this that are made and help better inform inves- be aiding and abetting those no one has talked about, and that is tors and combat massive corruption in kleptocrats when they pocket the pro- the connection between corruption and the process. ceeds for their personal use. We have terrorism, particularly in Africa. Ter- One would think that everyone here seen this for years. The people of those rorist groups flourish where govern- would support a commonsense rule countries barely survive on $1 or $2 per ment corruption contributes to incom- that will protect investors and make it day, while their leaders drive Mer- petent, corrupt military forces. Terror- a lot harder to get away with the theft cedes, fly private jets to vacation ists benefit when revenues from these

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I am Corruption is among the most corro- they had the resource curse. The people not sure why because today other sive forces that breed instability and were living in horrible poverty. Yet the countries have adopted similar stand- violence, and then countries like ours country had mineral wealth—gas and ards. This information is readily avail- end up trying to feed and shelter the oil—that was being exploited but not able as far as the way it is compiled by innocent people who bear the brunt of for the benefit of the people. It was companies. Many oil and mineral com- it. being used to obtain income for their panies today are supplying this infor- It not only wreaks havoc on the peo- leaders to funnel corrupt practices. mation with no complaints, no prob- ple of those countries; it hurts Amer- Senator Lugar, in October of 2008, au- lems, but it was fought. ican companies trying to do business thored a committee report of the Sen- Tonight we are debating the use of there, and it hurts Americans who in- ate Foreign Relations Committee enti- the Congressional Review Act. It was vest in these risky companies. If the tled ‘‘The Petroleum And Poverty Par- pointed out earlier tonight that before norm is nondisclosure, then bribery be- adox: Assessing U.S. And International today, it only had been used once since comes an unavoidable and accepted Community Efforts To Fight The Re- its 1996 enactment. The reason is be- way of doing business. source Curse.’’ cause it is a sledgehammer approach to That is what companies from coun- We went through the regular legisla- dealing with issues that should be dealt tries like Russia and China that com- tive process as to how we could deal with by a scalpel, but here is the real pete with American companies would with the circumstance that we knew abuse. We are using the Congressional prefer because corruption is what they the United States must exercise leader- Review Act—which is supposed to be are best at. But this rule requires those ship. As Senator BROWN has pointed used when an agency goes rogue, when foreign companies and others to simi- out the whole history and the impor- they start to do things that were never larly disclose their profits. Are the tance of it—and all of the details—I intended by Congress, were never au- sponsors of this resolution even aware just want to fill in some of the details thorized by Congress. Section 1504 was of this? This rule will enhance U.S. as to how this came about because we passed by Congress, and it has taken competitiveness. This rule protects in- were looking for a way in which we the SEC almost a decade to get the vestors and the public. could turn the wealth of a nation to its rules out. And we are saying they When it was first passed, section 1504 people and cut off the corruption that abused their power? Maybe they abused put the United States at the forefront it funded. The corruption was not just their power by delay, but they cer- of transparency and government ac- the obscenity of wealth being used by tainly haven’t abused their power with countability efforts. And as I have al- their leaders—as Senator BROWN point- what they have come forward with. ready said, that leadership paid off. ed out in Equatorial Guinea—it was They are carrying out congressional Other countries have followed our ex- also the fact that this wealth that was mandate as they should. It was never ample. This resolution will jettison a coming to these leaders was also being the intent of the CRA to be used for decade of work here and abroad. There used for criminal activities, to finance this type of a process. So I just urge is no excuse for it. There is no need for illegal drug activities and to finance my colleagues to recognize that this is it. If there are legitimate concerns terrorism. not the right way we should be pro- about section 1504, then let’s talk I take issue with my friend from ceeding. about ways to amend it and improve it. Oklahoma and his comments. There In September 2009, with Senator But let’s not, by overturning this has never been an effort in this legisla- Lugar’s help, I introduced legislation. rule, tell the world that we don’t be- tion to affect the supply of any source It was bipartisan. Senators MERKLEY, lieve in transparency and good govern- of energy here or anywhere around the WICKER, SCHUMER, LEAHY, DURBIN, ance, that we will turn our backs on world. That is being done. The question the theft and misuse of payments made FEINSTEIN, MENENDEZ, and others is, Where does the money go that is by U.S. companies, that we do not care joined in that effort. The SEC was di- being used to exploit these resources? about the people of those countries rected to develop rules on oil, gas, and Do they go to the people of the country who suffer the consequences, and that mining companies as to how the disclo- where the resource is located or do we do not care about American inves- sures could be made on the U.S. stock they go for corruption? That is what tors who deserve this critical informa- exchange so they could disclose their we attempted to do—Senator Lugar tion so they can have confidence in the rights and payments made to foreign and I and others. I thank Senators companies they invest their hard- governments. That is what we man- earned money in. This resolution is an LEAHY and DURBIN, who was on the dated. Why do we want to know that? affront to the values and to the citi- floor earlier and was one of our early Because these royalties and payments zens of our great and good Nation. leaders, Senators MENENDEZ and were basically bribes to government The PRESIDING OFFICER. The Sen- WICKER. We did this not only in the leaders because it never went to the ator from Maryland. Senate Foreign Relations Committee people. It was in the U.S. interest, not Mr. CARDIN. Mr. President, let me at the time I was chairman of the Sen- only because of how those funds were thank Senator LEAHY for his com- ate U.S. Helsinki Commission—the used against our principles and not ments. Ten years ago, I was privileged Helsinki Commission, and Senator only did it finance illegal activities, to be elected by the people of Maryland WICKER was helping, we worked in that but it could have been a source for sta- to represent them in the U.S. Senate. I organization to see how we could deal ble governments, which was important came to the Senate with Senator with transparency and how the Amer- for U.S. interests that we have stable BROWN at that time. It was our first ican leadership could help the inter- governments. It helps us in our foreign year. Senator BROWN had the oppor- national effort to end the resource policy and national security. It also tunity to serve on the Banking Com- curse. As a result, legislation was au- gives us a stable source of oil, gas, and mittee. I had the opportunity to serve thored and introduced in order to try minerals. Investors have the right to on the Senate Foreign Relations Com- to deal with this issue. Senator Lugar know. They have the right to know in mittee. Today I hold the position on and I authored a bill, a bill that said what countries their companies are in- the Senate Foreign Relations Com- we want to know where the money is vesting their stockholder investments. mittee that Senator Lugar held when I going so we can track the money. We It was a reasonable request by Con- first went on the committee; that is, wanted to be able, for the people of gress. One of my colleagues indicated the ranking member of the committee. that nation, to say: We know money is that it was held to be inappropriate by I remember one of the very first coming in now. Our leaders show us our courts. That was on a process issue. hearings we had in the Senate Foreign where the money is going. It was not on a substantive issue. That

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S640 CONGRESSIONAL RECORD — SENATE February 2, 2017 was corrected. A new rule has come go back to work with the SEC and increased predicted global GDP by $1.1 tril- out, and now we are using a CRA in bring in a new rule. Do you really be- lion. order to block it. The rule, as it is cur- lieve that? Do you really believe that if Investors representing nearly $10 trillion rently worded, provides for a reason- in assets under management support of the we pass this CRA, that we are going to Cardin-Lugar Rule. able period for enforcement. So it is see a new rule come out of the SEC? It Between 2011–2014 conflict linked to cor- not even going into effect immediately has taken us 9 years to get to where we ruption in Libya led to five U.S.-listed com- because we are allowing the companies are right now. Do you really believe panies missing out on an estimated $17.4 bil- to have ample time in order to comply that with the law saying that the SEC lion due to production disruptions. with the rule. cannot bring out a rule that is substan- Myth 1: Compliance costs for disclosure I just want to make this point. It cre- tially the same in form, unless author- could reach as high as $591 million per year. ates a level playing field. It does not Facts: The only comprehensive cost anal- ized by a subsequent law of Congress— ysis submitted to the SEC concluded that put American companies at a disadvan- do you really believe that will not be the total aggregate compliance cost to in- tage. This is a level playing field. Thir- challenged in the courts with lengthy dustry in the first year would amount to ty countries already require this. The litigation before we will ever see an- $181M and would not exceed $74 million per EU requires this. Canada requires this. other rule take effect? annum in subsequent years. Do you want to know why they did it? Let us be clear about this. I am going The $591 million number comes from an Because the United States led. We to continue to do everything I can to outdated SEC estimate from the 2012 version passed the law. I met with the Euro- of the final rule. The reason the number is so make sure that the people of these na- high is because API claimed that there were peans. I met with the Canadians. They tions get the wealth of their country. I countries that prohibited disclosure and if said: This is a good bill. You are our am going to do everything I can. I am companies were forced to disclose they leaders. You are doing it. We are going going to work with all my colleagues would have to hold a ‘fire-sale’ of all of their to do it also so they did it. It is in ef- on both sides of the aisle. I really do assets in that country—this number comes fect in these countries. Oil companies believe in the sincerity of my col- from the assumption that every company and mineral companies have complied leagues, that they believe in this trans- would lose their assets in these countries with it. They are fine. Guess what. It parency. It is going to be tested. I am where disclosure was supposedly prohibited. wasn’t difficult. Shell, BP, France’s It is (1) disingenuous to quote this cost esti- going to come back and see where we mate from the 2012 regulation, instead of Total, Russian’s Rosneft, Lukoil, can make sure that 1504 is enforced be- quoting form the 2016 regulation, and (2) ir- Gazprom—their huge giant—all have cause if I heard my chairman—and I re- relevant because the SEC now allows for reported. It has not caused any com- spect him greatly, we work on a lot of companies to apply for an exemption if they petitive problems. They are not losing issues together—when the chairman believe disclosure is prohibited in a country, any proprietary rights, as has been says that he is going to make sure the therefore the above estimate is wildly inac- suggested. There has been no harm SEC complies with all congressional curate. done. mandates—this is a congressional man- Myth 2: U.S. companies are at a competi- tive disadvantage because non-U.S. compa- When I listen to the cost-benefit date—and it is our responsibility to analysis and listen to our distinguished nies do not have to make the same disclo- make sure the SEC complies with Sec- sures, and the rule applies only to public chairman talk about the data is not tion 1504. If our colleagues pass this companies. really available, the reason the data is CRA—and I hope you don’t—it is our Facts: The U.S. law covers all oil, gas and not available is because we don’t have responsibility to make sure the SEC mining companies listed on U.S. stock ex- disclosure. If we get the information, complies with 1504. I am going to be changes not simply companies based in the then we will be able to tell exactly how here urging in every way I can to make United States. Thus, the rule covers all com- panies filing an annual report with the SEC we can deal with the problems in sure that happens. Ghana or Nigeria or in Equatorial both foreign and domestic. This includes for- Mr. President, I ask unanimous con- eign oil majors BP, Shell, and Total as well Guinea or problems in so many coun- sent that the statement from Publish as leading state-owned oil companies from tries where the people are hurting with What You Pay, which talks about a lot China and Brazil, such as PetroChina and some of the worst poverty rates in the of the different aspects and myths that Petrobras. But a significant number of for- world. We will be able to find that in- have been said, be printed in the eign companies are already required to make formation out, but if we don’t know RECORD. the same type of disclosures under the rules what is being paid by U.S. companies, There being no objection, the mate- in other jurisdictions. how do you do a cost-benefit analysis? rial was ordered to be printed in the Since the passage of Cardin-Lugar in 2010, important U.S. allies have followed our lead- I don’t know how you could possibly do RECORD, as follows: ership in payment transparency and now 30 it. PUBLISH WHAT YOU PAY UNITED STATES countries have adopted their own mandatory I heard the numbers, the cost of com- MYTH BUSTING: THE TRUTH ABOUT THE CARDIN- disclosure rules for companies listed on their pliance, and I would challenge that. I LUGAR ANTI-CORRUPTION PROVISION stock exchanges. And while in many ways, would challenge the cost of compliance The Cardin-Lugar Provision requires US- the Canadian and EU requirements are more numbers because this information is al- listed oil, gas and mining companies to pub- stringent (and also cover private companies), ready available. Companies know licly disclose the project-level payments the laws in all jurisdictions have been where their money is going. It is a nor- they made to the U.S. and foreign govern- deemed equivalent by the SEC. Companies mal business issue. I heard it is going ments for the extraction of oil, gas and min- are allowed to submit the same reports in all jurisdictions. These laws already cover the to cost hundreds of millions of dollars erals. The Cardin-Lugar provision is a landmark vast majority of companies that compete of contracts. I don’t want to minimize piece of bipartisan legislation. The final with American firms including Russia’s the cost, but as a percentage of the anticorruption rule implementing the state-owned companies, Gazprom and business they are doing, it is minor. Cardin-Lugar provision passed by the SEC in Rosneft which are required to report in the The benefit we get if the money can go June 2016 significantly advances inter- UK. to the people and deal with these hor- national efforts to curb corruption and has Myth 3: The SEC rule is burdensome. rible conditions that we see in these re- been applauded by investors, companies and Facts: The Cardin-Lugar Provision is a re- governments around the world. However, a porting requirement, which is not onerous source-wealthy countries, then it is and does not limit the operations of oil, gas, certainly worth the effort. That is part great deal of misinformation has been spread about the rule. Below you will find evidence and mining companies; the rule simply re- of our effort in dealing with other correcting the most glaring inaccuracies put quires companies to publicly report pay- countries, to try to lift up the standard forward. ments that companies would track in the of living in so many of these countries. But before getting into the myths, here are normal course of doing business The rule is So when we look at, again, what is at some hard facts. a straightforward requirement to make that stake—what is at stake? And that is to Research concludes that increased trans- data transparent and usable by investors and allow the wealth of a country to go to parency resulting from the disclosures re- citizens. Leading global oil and mining ma- its people for its stability. I have heard quired by the Cardin-Lugar Rule could lower jors such as Shell, BP and Total, along with the cost of capital for covered companies by Russian state-owned companies, are entering my colleagues say: Well, we are not $6.3 billion to $12.6 billion. their second year of reporting under EU against this. The law is still there. All The international norm of resource sector rules without any negative impact or re- we are talking about is this regulation. payment transparency, built on strong ported issue. In fact, many major companies Once we pass this CRA, we are going to American leadership, is estimated to have have publicly endorsed this type of reporting

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.054 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S641 and have called on the U.S. to ensure our Warren, Baldwin, Markey, Coons, Shaheen, Facts: There is no evidence justifying the rules are harmonized with those other mar- Whitehouse, Menendez and Merkley, ex- claims that the Cardin-Lugar rule would kets. pressed explicit support for the SEC’s inter- have any negative impacts on security. In Myth 4: The rule requires companies to dis- pretation of Section 1504 during the rule- fact, all available evidence points to the con- close proprietary information that could making process. trary. The United Steelworkers explicitly help foreign competitors. The rule has significant benefits for inves- argue that the Cardin Lugar anti-corruption Facts: The SEC rule requires companies to tors. Throughout the rulemaking process, in- rule will enhance employee safety. Gen- disclose payment information; it does not vestors worth nearly $10 trillion of assets erally, 1504 helps protect U.S. national secu- mandate the disclosure of proprietary, con- under management repeatedly emphasized rity interests by preventing the corruption, fidential or commercially sensitive informa- their support for payment disclosures under secrecy, and government abuse that has tion by companies. Numerous companies are the rule. The rule provides investors with catalyzed conflict, instability, and violent already reporting under the similar rules in critical information for assessing risk in the extremist movements in Africa, the Middle other markets, such as Shell and BP, and often murky and unstable oil, gas and min- East and beyond. As ISIS demonstrated, non- none have reported any competitive harm ing sectors, with positive follow-on impacts state actors can benefit from trading natural from payment transparency. However, the for firms that benefit from increased inves- resources in order to finance their oper- tor confidence and certainty. The increased SEC’s rule nonetheless contains safeguards. ations; project level reporting will make hid- transparency resulting from this provision To the extent a company legitimately be- ing imports from non-state actors more dif- has been estimated to lower the cost of cap- lieves that disclosure will risk exposing pro- ficult, thereby limiting their ability finance ital for covered U.S.-listed firms by $6.3 bil- prietary information, they can apply to the themselves with natural resource revenues. lion to $12.6 billion. SEC for exemptive relief on a case-by-case Myth 12: This law increases prices at the Myth 8: We don’t need Cardin-Lugar be- basis. cause we have the Foreign Corrupt Practices pump and takes capital away from other Furthermore, a competitor cannot use pay- business opportunities. ment data to ‘‘reverse engineer’’ a com- Act. Facts: While the Foreign Corrupt Practices Facts: All of the data suggests that trans- pany’s return on investment or the contract Act (FCPA) remains an important statutory parency actually helps company balance terms of a specific project. Complex factors tool critical to fighting global corruption, sheets by lowering the cost of capital and in- such as access to technology and finance de- its scope is confined to bribery. Bribery is creasing investor confidence. On the other termine a company’s success in winning bids only one tool used to facilitate corruption. hand, corruption costs oil and mining com- with host governments—not transparency of All too often, it is the legal payments made panies millions of dollars every year from in- payments. Extractive companies that are to governments that are misused, or si- stability and fragility in resource-rich coun- covered by payment disclosure requirements phoned off to the bank accounts of a coun- tries, which contributes to increased oper- in other jurisdictions have continued to win try’s corrupt elites. However, the fact that ating risks, waste, inefficiency, and delays. bids. companies are already subject to the FCPA For instance, between 2011 and 2014, the con- Myth 5: This rule was not properly vetted does mean the burden of reporting payments flict in Libya fueled in part by citizens’ frus- by Congress. to comply with the Cardin-Lugar rule is tration with corruption and poor governance Facts: The Cardin-Lugar Amendment en- minimal; companies are already required to caused five U.S.-listed oil companies to miss joyed bipartisan support and was subject to collect and track payment information as out on more than $17 billion in revenues due extensive review in both the House and Sen- part of the books and records provision of to production disruptions in the country. ate, and it was unanimously supported in the FCPA. In this way, the two laws work Mr. CARDIN. Let me conclude, for conference. It is based on underlying legisla- very well together in creating a strong regu- years, Congress has been fighting to tion with a long Congressional history that latory foundation to prevent corruption. was the subject of multiple hearings in both Myth 9: This rule is the same as the one shine a light on the billions of dollars the House and Senate. In fact, the first pre- sent back to be revised by the courts in 2013 paid by extracted companies to foreign cursor was a Republican House resolution on and did not incorporate the Court’s or indus- governments. By taking away one of oil and mining transparency from 2006. For try concerns. the only tools we have to shine a light this reason, propositions to repeal the rule Facts: The American Petroleum Institute on extracted payments’ associated cor- signify an inappropriate use of the CRA. The filed suit to challenge the original rule ruption, we are sending a message to issued by the SEC in 2012, despite its largest intent of the CRA is to address midnight corrupt leaders around the world that rules, not rules like 1504 that have undergone member companies claiming to support years of extensive regulatory development. transparency. The earlier version of the rule the United States does not care about Myth 6: The SEC rule will cause companies was vacated by the court and sent back to corruption; that we won’t hold them to lose out on foreign contracts. the SEC in 2013 on narrow procedural accountable, and that they should con- Facts: Opponents of the Cardin-Lugar anti- grounds, not on the substance of the rule. tinue with business as usual: Exploit- corruption provision have claimed that com- Since then, the SEC has had another two ing their own people, and perhaps even years of public consultations and internal panies could be placing themselves at odds funding terrorist organizations with with legal or contractual prohibitions on re- analysis, resulting in an even more robust porting in countries like Angola, China, record with substantial evidence supporting some of their secret proceeds. It is not Qatar, and Cameroon and may subsequently each aspect of the 2016 rule. That evidence in our national interest to stop an lose out on business in those countries due to also includes the experience of companies al- anticorruption rule that bolsters the transparency rule. In the six years since ready reporting on their payments under America’s national security, advances this law was passed, no company has pro- similar rules in other jurisdictions. The our humanitarian and anticorruption duced evidence that any country prohibits SEC’s final rule strikes an appropriate bal- goals, and demonstrates U.S. moral ance by requiring the level of transparency this type of disclosure, and numerous sub- leadership. missions to the SEC have demonstrated no Congress intended, while also accommo- dating industry concerns by providing com- I urge my colleagues to join me in such prohibitions exist. The experience of voting against this resolution of dis- companies already reporting under the par- panies with the opportunity to apply for allel disclosure rules in other countries like- case-by-case exemptions when they face re- approval. porting challenges and a generous phase-in wise confirms the absence of any prohibition I yield the floor. period. Reporting will only begin at the end on reporting; companies like BP and Shell The PRESIDING OFFICER. The Sen- of 2018. ator from Iowa. have disclosed project-level payments made Myth 10: Sections 1504 (extractives trans- NOMINATION OF NEIL GORSUCH in Angola, China, and Qatar with no reper- parency) and 1502 (conflict minerals) are the cussions. Nor have these companies lost out same thing/substantially similar. Mr. GRASSLEY. Mr. President, I on bids because of payment disclosure re- Facts: Section 1504 requires U.S.-listed oil want to take a few minutes to com- quirements. Nonetheless, the Cardin-Lugar and mining companies to annually disclose ment on some of the initial reactions provision contains safeguards to ensure that the company’s major payments made to the that I have heard from my Democratic companies that face a legitimate problem U.S. and foreign governments. It is simply a can apply for an exemption from disclosure colleagues on the President’s nomina- financial disclosure of payments companies tion of Judge Gorsuch to be an Asso- on a case by case basis. already track. Myth 7: The Cardin-Lugar provision has Section 1502 mandates that a certain set of ciate Justice of the Supreme Court. nothing to do with the SEC or investors. companies using tin, tungsten, tantalum or First of all, even before we had the Facts: It is important to note that the SEC gold in their products undertake supply nominee, there were many of the extractives transparency rule is not a case of chain due diligence and report annually to Democratic Members vowing to fili- agency overreach. Congress specifically man- the SEC regarding the source of the minerals buster the nominee, site unseen. That, dated the SEC issue this rule in Section 1504 used in their products and whether the min- of course, is very unfortunate, as well of the 2010 Dodd-Frank Act, and by issuing erals are sourced in conflict areas in the as being ridiculous—in other words, the 2016 rule the SEC complied with the will Democratic Republic of Congo. of Congress. Both Senator Cardin and Sen- Myth 11: The Cardin-Lugar rule poses a se- saying you are going to filibuster ator Lugar, the original sponsors of the bill, curity risk for American companies and somebody before you even know who along with Senators Leahy, Durbin, Brown, their employees working abroad. the nominee is. But of course, given

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.038 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S642 CONGRESSIONAL RECORD — SENATE February 2, 2017 how the minority has treated the minority leader stated that part of the ments about why we should delay a President’s Cabinet nominees so far, it ‘‘fair process’’ is a 60-vote threshold. I hearing on Judge Gorsuch. is not exactly surprising that they suppose that if you are already com- But as my friend and former chair- would say this before the President mitted to attempting a filibuster on a man of the Judiciary Committee, Sen- even nominated somebody for the Supreme Court nominee before you ator LEAHY, often noted, Supreme Court. even know who that person might be, Court nominees don’t have the oppor- Then, of course, this week the Presi- then you might consider that part of a tunity to respond to personal attacks dent announced his nominee. Judge fair process. outside of their confirmation hearing. Gorsuch, of course, was confirmed by Of course, we all know—all Repub- So I am going to consult with the the Senate in 2006 without a single licans and Democrats know—that ranking member on timing for the ‘‘no’’ vote and is universally respected launching a filibuster against a Su- hearing. But I can tell you what we are as one of the finest and most fair- preme Court nominee is not part of a not going to do. We are not going to minded judges in the country. In fact— fair process. It never has been. But I delay this hearing, especially in the get this—one of President Obama’s So- suppose we should cut our colleagues face of all of these attacks on his licitors General called him ‘‘one of the just a little bit of slack. They are hav- record and character, which, both for most thoughtful and brilliant judges to ing a hard time figuring out how to the record and for his character, are have served our Nation over the last make good on their promise to attack unjustified. century.’’ the nominee no matter who it is, when So I will conclude with this. I had the Now, if an Obama Solicitor General they have now been presented with a good fortune of meeting one-on-one says that and that is not mainstream nominee with impeccable credentials with Judge Gorsuch yesterday. He is as enough, I don’t know what is. After the as well as broad bipartisan support. impressive a person in person as he is President’s announcement, something This brings me to the second brief on paper. I expect that as my friends very interesting happened. Right out of point that I want to make. Judge on the other side of the aisle meet the gate, there were a number of Sen- Gorsuch had barely finished speaking Judge Gorsuch and actually review his ate Democrats calling for ‘‘a hearing at the White House, and there were al- record, they will find him to be an im- and a vote.’’ Well, that certainly ready attacks on the nominee by some minently qualified and universally re- sounds very encouraging. The press on the left. Some of my colleagues on spected judge, whose decisions faith- picked up on these comments, and one the other side of the aisle had already fully applying the text of the law place newspaper even reported that after taken to the Senate floor to attack and him well within the judicial main- learning who the nominee was, there mischaracterize Judge Gorsuch’s stream. were already seven Senate Democrats record. Though we expected it, these Now, maybe people that say they opposed to filibustering this nominee. scurrilous attacks are untoward and want a mainstream judge wanted an At first glance, it appears those obviously misplaced. After all, those on activist judge who will read the text Democrats were trying to be consistent the left trot out the same tired argu- the way the judge wants it read for with their stance from last year that a ments against every Republican nomi- their own personal views, as opposed to nominee deserves a hearing and an up- nee. the intent by Congress. But Judge or-down vote. But of course, now they Now, you know, going back a few Gorsuch is doing what any judge conveniently seem to have dropped the years—maybe, too far for some of you should do reading the law. He said: If up-or-down portion of that stand. younger Members—they attacked Jus- Now, isn’t that a nice trick, a new any judge likes every decision he tice Stevens because he ‘‘revealed an trick. Take, for example, one of my makes, then he is not a very good colleagues, who last year said: ‘‘The extraordinary lack of sensitivity to judge. Constitution says the Senate shall ad- problems that women face.’’ Now, this is what we are going to do. They called Justice Kennedy a sexist vise and consent, and that means hav- We are going to do our due diligence, who ‘‘would be a disaster for women.’’ ing an up-or-down vote.’’ But oddly, and we are going to send a question- They said there was ‘‘ample reason to just yesterday, that same colleague naire to Judge Gorsuch in the next day fear’’ Justice Souter. Of course, you said: ‘‘I support a 60-vote margin for all or so. I will expect he will answer that Supreme Court nominees.’’ know what turned out. Justices Ste- questionnaire promptly, and then we That is a very nice sleight of hand. vens and Souter turned out to be favor- will do what I said before the election, But most of the Senators are not that ites of the left, and too often Justice before we knew who was going to be gullible. The Washington Post Fact Kennedy has ruled the liberal way. the next President. Checker certainly took notice of their This morning, the Washington Post In fact, we thought it was going to be wordsmithing. That has earned them editorial board noted that, while we ar- Secretary Clinton. When I say we, the two Pinocchios. When you look at the gued last year—meaning the paper ar- country as a whole had that in their facts, a 60-vote threshold has never gued last year—that the President mind. There was no doubt about it. So been a standard, as the minority leader should not fill a Supreme Court va- I said before the election, as the one re- said yesterday. Otherwise, we would cancy that occurs during a Presidential sponsible for not having a hearing on not have two of the current justices election year, Senate Republicans— the previous nominee, that, whoever sitting on the Supreme Court. quoting the Post—‘‘refrained from tar- was elected President, this process was Of course, my colleagues tried unsuc- ring Mr. Garland personally.’’ going to move forward. cessfully to filibuster Justice Alito. Now, in contrast, the paper noted So we will have that hearing where The Senate voted 72 to 25 to invoke clo- that this dissent is unwarranted this Members can ask this nominee any ture. He was then confirmed 58 to 42 on early by writing this: ‘‘Trashing Mr. questions they deem appropriate. We an up-or-down vote. Gorsuch as an outlandish radical, de- will vote on him in committee, and the Justice Thomas, now on the Supreme spite his impeccable credentials, the full Senate will vote on his nomina- Court for 25 years, was confirmed 52 to wide respect he commands in his field, tion. But given his exemplary record 48. There was no cloture vote on Jus- his long service as an appeals court and the facts as we know them, I ex- tice Thomas’s nomination. In fact, the judge and the unanimous voice vote he pect this nominee to be confirmed. Senate did not set any sort of a re- received the last time the Senate con- I yield the floor. quirement that there be 60 votes for 7 sidered him for the Federal bench is, at The PRESIDING OFFICER. The Sen- of the 8 justices serving on the Court. the very least, premature.’’ ator from Virginia. So, if there has been any sort of re- Our friends on the other side of the Mr. KAINE. Mr. President, I am quirement or practice in the Senate on aisle would do well to take note of the going to try to be very brief. Supreme Court nominees, it has, in Washington Post’s observation. So I I am rising to return to the topic of fact, been that the nominee does not would like to make this point. If the the effort of the CRA to roll back need 60 votes, although many of them process we have witnessed for the transparency in the oil and gas indus- received that kind of support. President’s Cabinet nominees is any try, and I will speak briefly. I know my We already know some Members have guide, I am quite confident that we will colleague from Arizona is here and pledged to filibuster the nominee. This hear all manner of reasons and argu- wants to speak too.

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.056 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S643 The issue has been described. It is an wealth go to dictators and further cor- I urge my colleagues to vote against SEC rule requiring energy companies ruption. What are you going to do the CRA repeal of this rule. to disclose the payments they make to about it, as the Secretary of State, Mr. DURBIN. Mr. President, during foreign governments for natural re- working on development, for example, my time in the Congress, I have had sources. The reason is that many coun- of some of these poor nations? And he the privilege of visiting many other na- tries with abundant natural resources talked about high-minded values and tions, often fragile or new democracies are run by dictators, and there has virtues of the things the United States struggling to meet the needs of grow- been a long history of payments by oil could do that would battle corruption ing numbers of youth and emerging companies—American and others—to and increase transparency. middle classes. those dictators that don’t get to the He didn’t tell me that he had been For example, many of the fastest people and actually further the corrup- personally involved in an effort to de- growing economies are in the devel- tion of the country. feat the legislation that passed Con- oping nations of Africa and Asia. In Just one example: An IMF report gress in 2010. Now there is press out fact, a few years ago, the World Bank stated that in just 1 year, 1998, the suggesting that is the case, and he said Africa was on ‘‘the brink of an Government of Equatorial Guinea re- didn’t tell me that apparently there economic take-off.’’ ceived $130 million in oil revenue, and was an effort underway to undermine Such economic gains should be wel- $96 million of that went directly into the transparency statute that was so come news for lifting millions out of the personal bank account of the dic- important. poverty, providing better basic services tator, Teodoro Obiang. Meanwhile, I have to put it on the record. Within such as education and health care, and hunger in that country is rampant, and 1 day—within 1 day of the Senate ap- improving the lives of women. that is what led to this. proving Mr. Tillerson for Secretary of They are also opportunities to create I am on the Foreign Relations Com- State, the Trump administration has more markets for our goods and serv- mittee. In preparation for our hearing relaxed sanctions on Russia. That hap- ices, to add to our global allies, and to on the nomination of Rex Tillerson, pened today. And now, apparently, we reverse the conditions that lead to vio- the former CEO of ExxonMobil, for are going to vote to eliminate a law lent extremism. Secretary of State, I read a wonderful that requires transparency among com- But for those of us who have visited report that was done by Senator Lugar panies like ExxonMobil. many such nations, we are also aware when he was the ranking member of I kind of feel like I got snookered at of a major impediment to realizing the Senate Foreign Relations Com- the hearing. What public interest is at these improvements—namely effective mittee. stake in rolling this back? I don’t and clean government. October 2008: Report to members of think there is any. You see, too often, endemic corrup- the Foreign Relations Committee from Some say: Well, look, it is about lev- tion—frequently around lucrative ex- the ranking member. The title was eling the playing field. The United tractive oil and minerals—robs untold ‘‘The Petroleum And Poverty Paradox: States shouldn’t be at a competitive sums from generation after generation Assessing U.S. And International Com- disadvantage, but U.S. companies are in many of these nations. munity Efforts to Fight The Resource at a disadvantage. Companies listed on Just look at such oil rich nations as Curse.’’ I read this. I read the book the U.S. stock exchange—wherever Angola, Venezuela, Nigeria, or Equa- ‘‘Private Empire,’’ a recent history of they are from—are required to do this torial Guinea, where government after ExxonMobil written by journalist transparency, these disclosures, and government squandered and stole the Steve Coll, to prepare for my examina- many are already doing it. Because we oil wealth from its own people, far too tion of Rex Tillerson for Secretary of have led, the European Union and Can- many of whom still live in terrible State. ada have said this is a great idea, and squalor. This particular report was the basis they are doing it too. Some of you may remember the dev- for the 2010 law that was described by It would be a horrible thing if the astating column Nicholas Kristof wrote Senator CARDIN, and it was sponsored United States pulled away from its in 2015, ‘‘Deadliest Country for Kids.’’ in a bipartisan way. It didn’t prohibit leadership. Here is how he describe Angola: ‘‘This any company from doing anything. It In conclusion, I am concerned that in is a country laden with oil, diamonds, only required companies that pay for- the opening 2 weeks of the Trump ad- Porsche-driving millionaires and tod- eign governments to disclose those ministration—despite a lot of promises dlers starving to death. . . . this well payments. about what they would do in the econ- off but corrupt African nation is I voted yesterday against Rex omy—what has the administration ranked No. 1 in the world in the rate at Tillerson for Secretary of State be- done about the economy? which children die before the age of cause I believe a public official’s duty— On day one, they entered an Execu- five. . . . Under the corrupt and auto- especially Secretary of State—has to tive order retracting an FHA mortgage cratic president, Jose Educardo dos be to the country. I was worried, based reduction, thereby requiring home- Santos, who has ruled for 35 years, on three areas of his testimony, that owners with FHA loans to have to pay billons of dollars flow to a small elite— Rex Tillerson could not set aside his more for their monthly mortgages. as kids starve.’’ loyalty to ExxonMobil. They have done a Federal hiring ban He continues: ‘‘There are many ways He refused to answer questions that I that falls disproportionately on vet- for a leader to kill his people, and al- asked him about ExxonMobil’s knowl- erans because the Federal workforce is though dos Santos isn’t committing edge of climate science, yet their ef- a veteran-heavy workforce. They have genocide he is presiding over the sys- forts to convince the public that the done the immigration rules that we tematic looting of his state and neglect science was not settled. He told me he have discussed which not only affect of his people . . . Let ’s hold dos Santos wouldn’t answer my questions. immigrants but have a dramatic nega- accountable and recognize that ex- He did not demonstrate to the com- tive effect on America’s technology in- treme corruption and negligence can be mittee’s satisfaction, in my view, that dustry. something close to a mass atrocity.’’ he could be independent in Russia. For And then in the first two uses of the In 2008, Republican Foreign Relations example, he said that ExxonMobil had CRA procedure since the 1990s, they Committee staff, under then-Senator not lobbied against sanctions against have eliminated a rule to allow more Richard Lugar, released a report on Russia, when we actually have the lob- pollution of streams in poor areas this scourge, ‘‘The Petroleum and Pov- bying forms to suggest they had. where coal is produced, and now this— erty Paradox.’’ In both of those areas, I found his re- allowing companies to escape trans- The report from Lugar discussed the sponses wanting, and I voted against parency and make the very kinds of ‘‘resource curse’’ which is a ‘‘phe- him. payments that lead to corruption in nomenon whereby large reserves of oil I will be honest. I asked him about foreign governments, corruption so se- or other resources often negatively af- the resource curse question, and today vere that a former Republican Member fect a country’s economic growth, cor- I kind of feel like I got snookered. of this body was compelled to write a ruption level and stability.’’ I said: There is a lot of concern about superb report in 2008 and have bipar- Why is this important? Let me quote these countries that let resource tisan legislation passed. from the report: ‘‘This ‘resource curse’

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.057 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S644 CONGRESSIONAL RECORD — SENATE February 2, 2017 affects us as well as producing coun- parency, and good governance. It is The CRA was enacted in 1996 as part tries. It exacerbates global poverty hard to understand opposition to great- of the radical deregulatory and which can be a seedbed for terrorism, it er transparency. anticonsumer actions by shepherded by dulls the effect of our foreign assist- As such, I will vote against his meas- Newt Gingrich. Before now, the CRA ance, it empowers autocrats and dic- ure and I urge my colleagues, espe- has successfully been used to overturn tators, and it can crimp world petro- cially my Republican colleagues who only one rule. leum supplies by breeding instability. have made helping the world’s poor one There is a reason it has only been . . . This report argues that trans- of their endeavors to do the same, successfully used once. The CRA is a parency in revenues, expenditure and don’t vote to put more money in the blunt weapon. It is a poorly written wealth management from extractive pockets of the world’s worst autocrats law that comes with unintended con- industries is crucial to defeating the at the expense of the world’s most vul- sequences. The CRA allows Congress to resource curse.’’ nerable. strike down a rule in its entirety with Wise words from a wise man. Mr. UDALL. Mr. President, President only an hour of floor debate in the And so, this report became the basis Trump made bold claims about his in- House and without the ability to fili- for a very thoughtful, bipartisan law tention to ‘‘drain the swamp.’’ But here buster it in the Senate. that I was proud to support which tried we are, debating a measure that would This flawed process can undo years of to tackle this issue in a very common- do the exact opposite. The Senate is ac- careful work by stakeholders and Fed- sense manner. tually voting to kill an anticorruption eral agencies. Work done through an It simply required that the SEC issue regulation. open, thoughtful rulemaking process. a rule requiring all oil, gas, and min- This regulation was the result of bi- The Cardin-Lugar rule took years to fi- eral companies listed on the U.S. Stock partisan effort led by Senator Dick nalize. Republicans want to kill it in a Exchange to disclose royalties, bo- Lugar. Senator Lugar was my mentor day. nuses, fees, taxes, and other payments when I first joined the Senate. He And let’s be clear—it does kill the made to foreign governments as a helped me better understand the role regulation. Earlier today, Leader transparency tool for fighting corrup- and traditions of this body; and he MCCONNELL mischaracterized this ef- tion. showed me what it meant to be a fort. He said, ‘‘Let’s send the SEC back The U.S. law became the catalyst for statesmen. to the drawing board to promote trans- others: all 28 European Union member Senator Lugar was one of the most parency.’’ But that is not what the CRA does. It states have enacted similar legislation, thoughtful foreign policy experts to doesn’t send the agency ‘‘back to the followed by Norway and then Canada, serve in the Senate. He chaired the drawing board.’’ What it does do is pro- who are key players in extractive in- Foreign Relations Committee, and he hibit the agency from issuing another dustries—further establishing an inter- was deeply respected on both sides of regulation that is ‘‘substantially the national norm. the aisle. same,’’ unless Congress specifically au- Moreover, a study conducted by busi- He understood the ‘‘resource curse.’’ thorizes the agency to do so through ness professors at George Washington How developing countries with billions University and Catholic University subsequent legislation. of dollars in oil, gas, or other valuable The courts have not yet determined found that increased transparency re- minerals often had the worst poverty, sulting from disclosures required under how different a new regulation must be how the governments of these coun- so that is not ‘‘substantially the the rule lowers the cost of capital for tries made deals with huge corpora- covered U.S. listed firms by up to $12.6 same.’’ This discourages an agency tions to sell their resources, but the from issuing a new similar regulation billion. citizens of those countries never saw So claims that this is burdensome once a rule has been blocked. the benefits. Instead, corrupt leaders This is not going back to the drawing and will result in competitive harm to would enrich themselves, rather than American firms are unfounded and sim- board. This is going back to corrup- use the funds to pay for healthcare, tion. ply untrue. education, infrastructure, or housing. So here we are, 4 months since our Mr. VAN HOLLEN. Mr. President, Senator Lugar, with Senator CARDIN, intelligence services disclosed that a with this resolution, the Senate major- developed legislation to address the re- ity is continuing its rush to overturn former KGB official led a cyber act of source curse, to bring transparency to war on our Nation and democracy—and Obama administration consumer and an opaque system. The result was sec- investor protections, this time by tar- what is the priority of the Republican tion 1504 of the Dodd-Frank Act. It di- geting a bipartisan anticorruption majority? rected the SEC to issue a rule requiring Establishing an independent commis- measure. all oil, gas, and mineral companies list- In 2008, under the direction of Sen- sion to look into the Russian attack? No. ed on U.S. stock exchanges to disclose ator Richard Lugar, Republican staff of Taking up bipartisan legislation to the payments they make to foreign the Senate Foreign Relations Com- tighten sanctions on Russia for its at- governments. mittee produced a report, ‘‘The Petro- tack on our Nation? This allows the citizens of those leum and Poverty Paradox: Assessing No. countries to hold their leaders account- U.S. and International Community Ef- In fact, not a single Republican has able. It shines a light on corruption. forts to Fight the Resource Curse.’’ even come to the Senate floor to dis- And when citizens can demand that They traveled to some of the most re- cuss these grave matters of national this money is used for their benefit, it source-rich countries in the world and security. reduces their need for foreign aid. explored how government corruption, Ronald Reagan, who understood the Opponents of this rule claimed it fraud, and instability prevented those Russian mentality so well, must be would put American companies at a nations’ people from benefitting from turning in his grave to see this abdica- disadvantage. In fact, it made the U.S. their oil, gas, and mineral reserves. tion by his party. a leader. Other countries followed suit Rather than spurring national eco- Instead, what is the majority party’s and passed similar requirements. nomic development, benefits were con- priority? The Cardin-Lugar rule became the centrated among government and mili- Well, repealing health care from mil- global standard for transparency. tary elites and organized crime. Ac- lions without an alternative—and, now, Today, 80 percent of the world’s largest cording to the nonprofit research orga- trying to strip this good governance publicly listed oil, gas and mining com- nization Global Financial Integrity, in anticorruption law—one led by a mem- panies—including state-owned compa- 2012, developing countries ‘‘lose rough- ber of their own party and subject to nies from Russia, China, and Brazil— ly $1 trillion per year to crime, corrup- years of debate and input—aimed at ad- are subject to disclosure rules. tion, and tax evasion.’’ dressing corruption that robs so much This resolution of disapproval is just The 2008 Foreign Relation Committee from the world’s poor—not exactly one of many misguided efforts by Re- report led to the bipartisan Cardin- draining the swamp. publicans to use the Congressional Re- Lugar amendment to direct the Securi- This isn’t an onerous rule. It is sim- view Act to kill regulations that pro- ties and Exchange Commission to re- ply a matter of disclosure, trans- tect the most vulnerable. quire that all oil, gas, and mineral

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.042 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S645 companies listed on U.S. stock ex- tory of the Supreme Court. From his vote on the Senate floor. I am con- changes disclose their payments to for- landmark decision that protected our fident that when he receives that up- eign governments, including royalties, Second Amendment right to bear arms or-down vote, he will fill the vacancy fees, taxes, and bonuses. Congress en- to his staunch defense of limited gov- on the Supreme Court. acted the Cardin-Lugar amendment as ernment and enumerated powers, Jus- I yield back. section 1504 of the Dodd-Frank Act. tice Scalia stood as a bulwark against The PRESIDING OFFICER. The Sen- These transparency provisions are any erosion of our constitutional ator from Hawaii. critical to combatting corruption in re- rights by an activist judiciary. He did Mr. SCHATZ. Mr. President, back on source-rich nations. And these provi- this with his unshakable commitment the topic of the evening: the Congres- sions are critical to protecting inves- to an originalist interpretation of the sional Review Act action to overturn tors by ensuring that they have a clear Constitution. Through this lens, he did the SEC’s rule. I am just kind of at a loss for words. picture of companies’ interactions with not read words that were not there or There are people back home asking foreign nations. infer intent that did not exist. Instead, As the Foreign Relations Committee how politics is going, and they have a Justice Scalia simply understood the certain set of assumptions about the report noted: ‘‘transparency in extrac- Constitution, as the Founders under- tive industries abroad is in our inter- way Congress works. They watch stood it. ‘‘House of Cards.’’ They watch movies ests because mineral wealth breeds cor- Judge Scalia’s passing marked a wa- about politics. They have watched ruption, which dulls the effects of U.S. tershed moment for the future of our foreign assistance; inequitable dis- other TV shows on Hulu and Netflix, country. Suddenly, in the midst of the whatever it may be. I submit to you tribution of mineral revenues creates last Presidential campaign, voters were civil unrest, threatening political and that what we are doing right now is so empowered to determine the philo- corrupt, so grotesque, so obvious, so energy instability and adding a price sophical balance of the Supreme Court premium to commodities such as oil trite that it wouldn’t even make the at the polls. By entrusting Republicans cut as a plot for a TV show about poli- and gas; and energy rich countries can with the stewardship of our Federal become emboldened militarily.’’ tics because who would believe that the Government, voters signaled their de- Republican Congress, as one of their The Cardin-Lugar amendment con- sire for change and for the values that tinued American leadership in first acts, would pass a law prohibiting our party embraces. From strong sepa- anticorruption efforts, and has estab- the implementation of a rule that re- ration of powers to a commitment to lished a new global standard. Similar quires oil companies to disclose what federalism, to religious freedom, people rules ale now in effect in Europe, Nor- kind of foreign payments they are in Arizona and around the country way, and Canada and apply to 80 per- making for the privilege of extracting wanted to restore these foundational cent of the world’s largest publicly list- resources. principles. Now, President Trump’s ed oil, gas, and mining companies, in- So what does that mean? You have nomination of Judge Neil Gorsuch to cluding state-owned oil companies in oil companies that in order to extract the Supreme Court will help usher in Russia, China, and Brazil. resources in places like Africa and else- While many of the world’s largest ex- that change and solidify those values where—mostly poor countries around tractive businesses have expressed sup- on the Court for a generation to come. the globe—they have to cut a deal with port for transparency, including BP, Earlier this week, I had the oppor- whoever is in charge of the government Shell, and Newmont Mining, the SEC tunity to attend the ceremony at the in order to have access to that re- rule has been strongly opposed by a White House and listen to Judge source. Whether it is in Equatorial narrow group, including ExxonMobil. I Gorsuch accept his nomination. I was Guinea, Indonesia, Africa, Myanmar, or am concerned to see the Senate acting impressed by his humble respect for elsewhere, they cut a deal with the to repeal this rule and prohibit the the law and for his commitment to governing despot, usually. That money SEC from ever establishing a similar service. I was particularly struck by very often makes it directly into the anticorruption and investor-protection his recognition that ‘‘it is for Congress, pockets of the family of the people who measure in the same week that it voted not the courts, to write new laws’’ and run the country. This is what Senator to confirm Rex Tillerson, former CEO that a Justice should make decisions CARDIN was elucidating, as was Senator of ExxonMobil, to be Secretary of based on what the law demands, not LEAHY and the ranking member, Sen- State. the outcome that he or she desires. ator BROWN. There is no logical reason to go I also appreciate his experience as an But this issue was new to me, and I against international norms and repeal appellate court judge. This experience came to the floor not as a member of a rule supported by much of the regu- has given him a firm understanding of the Senate Foreign Relations Com- lated industry, investors, and advo- a properly functioning Federal circuit. mittee but as a citizen. I can’t believe cates for transparency and government As someone who has tried to reform an we are doing this. This is one of the reform in favor of a narrow opposition oversized and overworked Ninth Cir- stinkiest pieces of legislation that I led by ExxonMobil. I urge my col- cuit, I really appreciate that insight. have seen in my now 5 years in the leagues to reject this special-interest Judge Gorsuch is an accomplished, Senate and my 8 years in the Hawaii favor to ExxonMobil and maintain this mainstream jurist with a judicial phi- State Legislature, in my life in poli- important tool to fight corruption and losophy worthy of Judge Scalia’s seat. tics. I can’t believe that we would have protect investors. We can be confident that he will read the gall to put a bill on the floor to The PRESIDING OFFICER. The Sen- the law as written and not attempt to prevent us from disclosing what kinds ator from Arizona is recognized. legislate from the bench, but if we of foreign payments—that is a euphe- (The remarks of Mr. FLAKE per- allow rigid partisan and ideological mism—are being made to despots and taining to the introduction of S. 276 are calculus to seep into our confirmation autocrats around the planet. These are printed in today’s RECORD under process, I fear that no President will American companies traded on the ‘‘Statements on Introduced Bills and ever be able to get a Cabinet or Su- stock exchange, American companies Joint Resolutions.’’) preme Court pick confirmed. making foreign payments, NOMINATION OF NEIL GORSUCH A favorite line of our former Presi- euphemistically, for the privilege of ex- Mr. FLAKE. Mr. President, I want to dent is that ‘‘elections have con- tracting primarily oil. Our ability as a speak for a couple of minutes about the sequences.’’ Indeed, they do. Like it or country to be the world’s lone super- Supreme Court. not, the winning party governs. That is power—as Madeleine Albright called A year ago, we lost one of the great- democracy, and we have a responsi- us, ‘‘the indispensable nation,’’—to be est legal minds to ever serve on the Na- bility now to govern. the superior country when it comes to tion’s highest Court. For nearly three My hope is a return to the long- money, morals, and might is now in decades, Justice Antonin Scalia fought standing traditions of bipartisan co- question. Everywhere you look, it for individual liberty and defended the operation on this Supreme Court nomi- seems like America is ceding global integrity of the Constitution. nation. Judge Gorsuch is experienced. leadership. No Justice in recent memory has so He is qualified, and he deserves a fair China is set to outshine the United fundamentally influenced the trajec- hearing. He deserves an up-or-down States on climate change policy—

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.041 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S646 CONGRESSIONAL RECORD — SENATE February 2, 2017 China. Germany’s Prime Minister is ex- how corruption fuels insecurity, pov- I am coming to the floor tonight to plaining international conventions on erty, and oppression in other countries share my concerns about a basic chal- refugees to the President of the United and how that can contribute to the lenge we have in the world. This basic States. We have insulted some of our condition that breeds violent extre- challenge is that when you get a ruler closest allies in the fight against ISIS mism. That is why he fought for the of a country who is corrupt, they forge with a Muslim ban. level of transparency required by this contractual relationships, particularly Now we are alienating ourselves from rule and to make it harder for dic- if they are rich in minerals or oil, and Australia, a country that has stood tators to steal from their own citizens. they pocket the money and they spread with the United States in every major That means that getting rid of the the corruption. It makes it virtually conflict since the beginning of the 20th Cardin-Lugar amendment is also bad impossible for the interests of the peo- century. It is hard work to offend Aus- for investors. If a company is operating ple of that country to be represented tralia. You have to go out of your way in a risky, corrupt, unstable country, by their government because whatever in a phone call between the United investors have the right to know. If a governing body they have keeps mak- States and Australia to have it go side- company is perhaps even adding to the ing decisions based on those corrupt ways. region’s insecurity, investors have a payments. So the world is asking if the United right to know that too. But that right Now, we are a nation that values gov- States will still lead in the fight is now in jeopardy. ernment by the people—of, by, and for against ISIS. The world is asking if the The way Republicans are going about the people. That is the vision of our United States will still keep its word, this, we won’t be able to revisit this Nation, but that vision would not be and they are asking if the United once it is all said and done. This is an fulfilled if the Members of this body States is still the moral leader for the important point. I said it last night on were being paid by foreign companies to serve the interests of the foreign world. the stream protection rule, and I think companies instead of the interests of I think everyone in the Congress it bears repeating. If you do a CRA ac- the people. We can understand from would agree that the answers to these tion—we are now on the third in Amer- our own perspective our own desire to questions should be a resounding yes, ican history, and the second was yes- have a government that serves our citi- but somehow one of the first orders of terday. The first was sometime in the zens and that other nations want to business in this Republican Congress is eighties, about ergonomics. The reason not a bill that demonstrates American have a government that serves their this never gets done is because, when citizens. That is what this particular leadership but one that concedes it, be- you overturn a regulation using the bill and the regulation that flows from cause that is exactly what we would do Congressional Review Act, it is an in- it were all about. It was section 504 of if we overturn the Cardin-Lugar credibly blunt instrument. What hap- Dodd-Frank, the resource extraction amendment. pens under law is that the rule can’t be If we diminish our moral compass, rule, that was passed now 7 years ago. promulgated again. You can’t tweak It took quite a while to get the regu- the rest of the world stops looking at this thing. lation into place. The first version the United States as the leader among As to the concerns that were ex- came out in 2012, after a tremendous nations. The law we are voting to re- pressed by some of the Members on the amount of consultation was struck peal set a new international standard Republican side about the modifica- down in court because it was chal- in the fight against corruption. It re- tions they would like, if we want to lenged by one of the companies that quires oil and mining companies that legislate, let’s legislate. But what they did not want to have transparency in are listed on the U.S. Stock Exchange are going to do is overturn this rule international payments. Then folks to report any payments they may and the Securities and Exchange Com- went to work again and produced a rule make to foreign governments. The idea mission from doing anything ‘‘substan- that went into effect this last year. Un- is that the companies won’t bribe dic- tially similar’’ ever again. Everybody fortunately, we are about to strike tators in mineral rich countries be- who understands the CRA under the that down. cause they know they will have to dis- law understands that, basically, we I was thinking about how one of the close the payments. can’t touch this topic again. So this champions for this was Senator Dick After the United States passed this isn’t about fixing a reg or being a Lugar of Indiana. I was so impressed by law in 2010, some 30 countries followed check on runaway bureaucrats. These his thoughtfulness when I came to the our lead, but we never got to imple- so-called bureaucrats, these civil serv- Senate. He had been here quite a while, menting it. So today, more than one- ants in the Securities and Exchange and he worked to really understand third of the world’s oil and gas compa- Commission, had a statute. They were issues, and he worked to solve prob- nies have strong legal incentives to do told to do something. Now, they took lems. He didn’t work to obstruct an ad- business the right way. If Republicans forever to do it, but that is not running ministration because it was of a dif- get rid of this disclosure requirement, away and going rogue. That is going a ferent party. He didn’t work to sabo- it will be bad for American consumers. little slow, I will grant you, but they tage the work of this body because one In 2004, a Senate subcommittee un- did the right thing pursuant to the law. party or the other was in the majority. covered that oil companies, including Now—I don’t know why, but I have He worked to solve problems. He had ExxonMobil, have paid hundreds of my suspicions; I don’t know why, but I really a deep understanding of the millions of dollars to the President of have my suspicions—we are over- challenges in the world. Equatorial Guinea, which is an oil-rich turning both a rule and a law that re- He could see this from his consider- country in Africa. That money didn’t quires the disclosure of payments to able experience. He was on foreign rela- go to the businesses and citizens. It foreign governments made primarily tions for a very long time, and he went directly into the pockets of the by oil companies. It is one of the most served as its chair. He knew from his President who has been called Africa’s awful things I have seen done in the own work in that committee, from his nastiest dictator. Instead of buying Congress—not just when I have been own studies, from his own travels, and food or roads for people—by the way, here but as I have observed it over the his own conversations—overseas con- most people who live there live on less last 20 years. versations with foreign governments than $1 a day—the President and his I yield the floor. and conversations with our State De- family bought real estate in Paris, lux- The PRESIDING OFFICER. The Sen- partment and our Defense Depart- ury cars and life-sized statues—plural— ator from Oregon. ment—that we had a significant issue of Michael Jackson. Mr. MERKLEY. Mr. President, I ap- in which contracts with large compa- Getting rid of this amendment will preciate my colleague from Hawaii, nies are used to defeat government of, also be bad for national security. Sen- both on the substance of the issue and by, and for the people in nations ator Lugar is one of the Republican on the Congressional Review Act and around the world. He wanted to do Party’s most distinguished foreign pol- how it is an unsuitable tool in a situa- something about it. He had partner- icy voices and the former chairman of tion like this because of how it bars ships, and Members of our own body the Foreign Relations Committee. He the door for a simple way to replace or who are still serving here today were understood the risk. He understood modify a regulation. deeply involved in this.

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.061 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S647 It was a tremendous provision, but develop our nation, they are stymied haps there are good arguments to the the American Petroleum Institute by this complex web of undisclosed cor- contrary that I haven’t heard because wasn’t happy about it because it has ruption. So that is what this bill is all my colleagues aren’t here presenting worked really well for oil companies to about, and that is what this rule stem- them. And maybe out of that mutual not disclose and to make deals with ming from the section of the bill is all exchange, we would find a path to do ruling dictators and ruling families or about. something other than using this crude ruling governing groups, whether they Let’s take, for example, a poster and destructive tool to strike down be in a so-called elected form or child for this resource curse. In many this very important provision. unelected form. countries, it is known as the oil curse. There are three groups who benefit Well, finally, last year the rule was Oil is a particularly prominent case. from this disclosure rule. The first completed in June. They crafted a rule But the Democratic Republic of the group who benefits is the investors in a that, for the most part, made various Congo has not just some oil but a lot of company who want to invest in compa- stakeholders happy and it won broad minerals. It is a significant producer of nies that have responsible practices. international support. Dozens of other the world’s cobalt, diamonds, tin, gold, The disclosure gives them the ability countries—including Canada, Norway, and other minerals. This problem of a to have that information. and countries of the European Union— corrupt dictator goes way back to dec- The second group who benefits is con- followed American leadership. They ades ago. His name was well known sumers who want to buy products from adopted similar laws. So our particular around the world: Mobutu Sese Seko. companies that engage in responsible law made it clear that if a company He ruled from 1965 to 1997, so 32 years, practices, and disclosure enables them was listed on our stock exchange—on three decades. It is estimated that he to do that. The third group, though, really is the any of our exchanges—and it made a diverted from the country $4 billion to most important group, and that is a significant payment—$100,000 or more— $15 billion. That is a lot of roads being group of citizens in the country who it had to disclose that payment. That built in a poor country. That is a lot of are being corrupted by these payments wasn’t just U.S. companies. It wouldn’t food for people who are near starva- because when they hear that a com- just have been U.S. companies. It was tion. That is a lot of public school edu- pany has a contract and has paid X any company listed on our exchange, cation. That is a lot of health care clin- no matter where it was based. Other amount of billion dollars for that con- ics. So one very rich man was stashing tract, then the newspapers of that companies followed suit. So companies money in Swiss bank accounts rather based in other countries were affected. country and the citizens of that coun- than that money going to the govern- try can try to get additional informa- So, basically, it was a vision that in ment to do fundamental responsibil- short order took over the entire world, tion: Did you take the percentage of ities for the people. The country has an that that was supposed to go to the re- with developed countries coming to- estimated $24 trillion in mineral depos- gether and saying that we are going to gional government and actually get it its. When we think about that, the $4 disbursed to the regional government? stop this process that destroys govern- billion to $15 billion doesn’t sound like Did you take the percentage of that ments for the people in so much of the very much. that was supposed to go to the local world. Often, the way it works is these cor- It isn’t just kind of a theoretical city or province and did it get there? rupt payments enable companies to get They can start to see that there is this question of some liberal vision of how contracts far below cost, which is not a governments work. We are talking lump of money that is supposed to be good thing, obviously, for these impov- serving the citizens, and they can ask about the difference between the deci- erished nations, to be essentially giv- sions of dictators to stash billions of questions about how it serves the citi- ing away their money because they are zens. What bank account did it go dollars overseas or build health care being bribed to do so. into—so they can follow the money and clinics. We are talking about the dif- So that is extremely disturbing to track the money. But they have no ference between dictators buying hun- me, this particular issue being done ability to do that if these payments are dreds of the world’s most expensive here late in the evening, with very few hidden. That is what this is about. sports cars or developing an education of my colleagues here—mostly col- So it is about investors who want to system in their countries. We are talk- leagues who are trying to fight this do the right thing, consumers who ing about the fundamental quality of rule. Those who are supporting the want to use their marketing and pur- life for millions and millions of people multilateral corporations, the multi- chasing power to do the right thing, around the world. This provision, this national corporations that don’t like but it is really about the citizens of resource extraction rule, went in an to have disclosure, they are not here to that country not having their re- enormous direction in terms of making talk about how this is damaging the sources diverted when they desperately the world a better place. Shouldn’t lives of millions of people in the poor- need the fundamental things, such as that be what we are about? est countries around the world. Maybe transportation and education and This challenge of foreign contracts we need to have a rule in the Senate health care. with money diverted into the pockets that if you are going to damage the Well, Senator Lugar said recently of the dictators and the ruling class— lives of millions of people, you have to that if we allow this rule to be re- the money that should go to the devel- actually be here to hear the debate. pealed, it would be ‘‘a real tragedy for opment of the country—is particularly This debate is limited to just 10 democracy and human rights.’’ a problem in resource rich countries hours, 5 hours on either side. If one side I agreed with Senator Lugar when he with weak institutions. They have gives back their time, it is just 5 hours. said, ‘‘It is hard to believe that this weak courts. They have weak inves- There are not a whole lot of conversa- would be such a high priority right tigative branches to find corruption. tions. Maybe we could limit the con- now.’’ We have a lot of issues in the They have courts that essentially exor- versation to 20 minutes a person or 10 world that we are challenged by, in- cise the ability to try people for which minutes a person so we get a lot of cluding security issues. We have a lot there is evidence, who should be voices in. of nominations to address and debate. charged and should be convicted. So Before we go about the process of de- Why is it such a high priority at this the same corruption that affects the stroying the lives of millions of people moment to tear down a provision that decisions that are made protects those all around the world, maybe, instead of improves the quality of life for mil- who make those decisions. This means just listening to the lobbyists for a lions of people in some of the poorest that if you have someone who grows up multinational bank in your office, you countries in the world? Why is it so im- in this country and says: We have hun- should be here on the floor to have a portant at this moment to tear down a dreds of billions of dollars of resources conversation about the damage you are law that reduces corruption in govern- and nothing to show for it; so let’s contemplating doing. Maybe then we ments around the world? Why is it so change that system; let’s change that would have an actual debate here in important right now to destroy this system and enable the people of this the U.S. Senate—a place that used to provision that helps create an oppor- country to benefit from schools and be a place where people did come and tunity for ‘‘we the people,’’ a govern- health care and transportation; let’s listen to each other debate issues. Per- ment that we profess to believe in?

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.062 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S648 CONGRESSIONAL RECORD — SENATE February 2, 2017 It is well known that the CEO of If we enable, if we promote corrup- fore us. This short debate, with vir- ExxonMobil traveled to Washington to tion around the world, we do enormous tually no one present, does not honor it personally lobby Senator Lugar on this damage. That is why a bipartisan and does enormous damage, and it is section. He wanted this provision group of Senators, including Dick just wrong. scrapped, and that individual is now Lugar leading it, took this on. The PRESIDING OFFICER. The Sen- our Secretary of State. That certainly How about Equatorial Guinea. It is ator from Massachusetts. disturbs me, that the day after he be- one of Sub-Saharan Africa’s largest oil Ms. WARREN. Mr. President, for the came Secretary of State, the provision producers, and it, like many other oil first time in more than a decade, the he lobbied for as an oil executive is countries, has the oil curse. President Republican Party controls the House, being accomplished here on the floor. Obiang has been in power since he the Senate, and the White House. This Because of his testimony in com- ousted his uncle in a military coup in week they are starting to roll out their mittee, there was some hope that he 1979 and declared himself President for legislative agenda. would stand up and fight for the funda- life. Let’s just say what he is: He is a So now that they have complete con- mental visions of our country, the fun- dictator. His government has been trol of the agenda, what do the Repub- damental values and principles of our known to detain arbitrarily and tor- licans have in store? Something to country, and if so, he would be sending ture critics, to disregard elections. It bump up wages for working families or out information right now saying: Stop has been prosecuted for using oil prof- something to create more jobs? Some- what you are doing because I know how its for financial gain of the President’s thing to tackle the student debt crisis? this works around the world and how it family. The result is, although this Maybe something to deal with all the destroys ‘‘we the people’’ governments, country is one of the wealthiest Afri- jobs that get shipped overseas? No, one and we shouldn’t be doing it; that is, can nations per capita, the majority of of the Republican Party’s first orders we should keep the provision we have the Nation’s citizens survive on less of business is a giveaway to right now. than $2 a day. Let me clarify that. It is ExxonMobil that will help corrupt and Nigeria is another nation that has one of the richest African nations per repressive foreign regimes and make it had a resource curse or oil curse. Last capita, but a large percent of the citi- easier to funnel money to terrorists year, a deal was struck between zens survive on less than $2 a day be- around the world. ExxonMobil and the Nigerian Govern- cause President Obiang and his ex- Here is the problem. Big corporations ment—or it came under investigation tended network—his extended corrupt like Exxon—or other oil, gas, and min- last year by that country’s anti-cor- network—are stealing the resources of ing companies—often pay millions of ruption and law enforcement agency, the country, and they are doing it dollars to foreign governments to ac- often through contracts with oil com- the Economic and Financial Crimes cess natural resources located in these panies like Exxon, which happens to be Commission. The investigation sur- countries. Many of these foreign re- a major partner in exploiting the re- rounds a 2009 agreement where an gimes are corrupt, and Exxon’s massive sources of Equatorial Guinea. payouts regularly end up in the pock- Exxon subsidiary and the Nigerian Less than half of Equatorial Guinea ets of government officials rather than Government agreed to renew a 40-per- has access to clean drinking water, a in the hands of the people. These cor- cent share in three new oil licenses. fundamental need and a fundamental rupt officials get filthy rich while their Exxon reached a deal to pay $600 mil- factor in health. Twenty percent—that citizens face punishing poverty and lion for those licenses, and it built a is one out of every five children—die dangerous working conditions. Worse powerplant at a cost of $900 million, so before reaching the age of 5. This is be- still, some of these undisclosed pay- it made a $1.5 billion investment. So a cause of the corruption that is facili- ments can end up financing terrorists. $1.5 billion investment—that sounds tated by undisclosed sums, reinforcing Just over 6 years ago, Congress like a pretty high sum for a contract. a dictator—a dictator whose family passed a bipartisan provision to help However, an outside group who was owns fleets of fancy sports cars, luxury tackle this problem. With the strong investigating corruption found that the yachts, private jets, massive properties support of Senator Dick Lugar, the Nigerian Government had valued those in Europe, massive properties in Brazil, leading Republican on the Senate For- contracts at $2.15 billion—in other and properties right here in the United eign Relations Committee, Congress words, $1 billion more than what Exxon States. But one-fifth of the children die required oil, gas, and mining compa- was paying. Furthermore, they found before age 5. That is why this is so im- that wasn’t just in theory because an- portant. nies to disclose any payments they other bidder offered $3.75 billion, and Let me conclude by saying that what make to governments to extract nat- that is more than twice what Exxon we are doing here tonight in putting ural resources. Republicans and Demo- paid. But the Exxon deal was chosen. this forward with no real debate be- crats agreed that shining a light on Isn’t there some sense that some- cause my colleagues are not here—a these payments would help combat cor- thing is wrong when a government re- few colleagues are here to give speech- ruption and terrorism around the globe jects a payment that is $2.25 billion es like I am giving to say ‘‘Stop, this is and help citizens in some of the very more than the offer that was accepted? wrong,’’ but our colleagues are not poorest nations in the world hold their That is what happens with corrupt pay- here to hear us. What is happening to- own governments accountable. ments between powerful companies and night is an enormous travesty. It is an Disclosing these foreign payments dictators. That is what destroys gov- enormous blight on the United States, also helps investors right here in the ernment of, by, and for the people which led the world in taking on this United States so they can make more around the world. problem and now is abandoning not informed investment decisions. Some It is estimated that over time—that just that leadership but is abandoning investors may want to stay away from is, since 1960, so after the last 57 the principle. The world is worse off for companies that could face expensive years—$400 billion of Nigerian oil reve- it. lawsuits for violating the Foreign Cor- nues have disappeared due to corrup- I hope that my colleagues will some- rupt Practices Act or other anti-cor- tion—$400 billion disappeared. What how come to an inspiration or a revela- ruption laws. Other investors, quite would $400 billion do to improve the tion, that those who are not here lis- frankly, may just prefer not to invest lives of Nigerians? tening to this will come to an under- in companies that could be helping That is why transparency in these standing that something is wrong with prop up corrupt foreign governments or payments is so important. It affects this and will oppose this effort to re- indirectly financing terrorism. impoverished people all over the world. peal this very important provision. But Congress directed the Securities and We can have all of our aid programs, I know that the heavy hand of cor- Exchange Commission to write the we can have our Food for Peace Pro- porate lobbying is behind the fact that rule, and the SEC spent years solic- gram, we can have our Millennium Cor- this is on the floor tonight, and I am iting input from investors, from human poration, but this type of deal does so not optimistic. That saddens me a rights advocates, from anti-corruption much more damage than all the good great deal. experts, and from oil, gas, and mining we do through our programs that we Let us strive to have a process that companies. The agency ultimately budget for and put money into. honors the importance of the issues be- issued a ruling last year, and it

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.066 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S649 worked. The rule gained the support of the reasons. In fact, the demographic VIVITROL, to keep people off of their faith groups, human rights groups, de- that saw the biggest drop in life ex- addiction. velopment organizations, and anti-cor- pectancy was among middle-aged Second, we have just put in place for ruption advocates all around the world. White women—the very group that has the first time ever programs for recov- The rule also earned the support of in- been hardest hit by the heroin and pre- ery support services. Again, in this leg- vestors who collectively controlled scription drug epidemic in overdoses islation, CARA, we funded long-term more than $10 trillion in assets, and— and overdose deaths. Unbelievably, this recovery. So it is not just a detox cen- we should really be proud—it set an epidemic is actually driving down life ter, not just a treatment center that international standard, with the Euro- expectancy in our great country. might be short term, which they usu- pean Union, Canada, and other coun- It has been pretty dramatic. The ally are, but longer term recovery, in- tries adopting similar standards for number of heroin users in the United cluding getting people into sober hous- companies in their own countries. States has tripled since 2007, and the ing, providing them with people who But it didn’t go down well with ev- number of heroin overdoses has tripled will support them and encourage them. eryone. A handful of powerful oil and just since 2012. It has gotten to the That, we have found out, keeps people gas companies have been after this re- point where we are now losing one from relapsing and is incredibly power- quirement from the start, and Exxon American life about every 12 minutes ful. has been leading the pack on this. In to this epidemic. So during this talk Third, there has been a grant to em- fact, Rex Tillerson, the CEO of Exxon today, which will be about 12 minutes, power States and local governments to at the time, personally lobbied against we expect another American to die of a help fight this epidemic. the requirement back in 2010. His rea- heroin overdose. This is all-important. It is real son? What was his objection? The for- Congress has begun to act, and I ap- progress. But our work is far from eign payments rule would undermine plaud the House and the Senate for done. In fact, there are five more CARA Exxon’s ability to do business in Rus- that. We have acted over the last year grant programs yet to be implemented. to do a couple things. One is that, in sia. Listen to that again. If Exxon has Again, I call on the new administra- the appropriations bill that passed at to tell the world about the millions of tion to do so urgently. I know they are the end of last year, we put more dollars it hands over to the Russian focused on this issue. We just need to money aside for treatment. So States Government, Exxon wouldn’t be able to get these programs up and going to are now receiving grants—$500 million do as much business in Russia. So now help our communities right now. this year, $500 million next year. These the Republican Congress wants to rush Near my hometown of Cincinnati, grants are needed. It is going to the in to help out poor Exxon so they can OH, the Winemiller family of Wayne hardest hit States. It is going to States keep the secret money flowing to these Township had a pretty tough Christ- based on their need, which I think is Russian officials. mas. They were missing a son and a This Exxon giveaway shows just how very important, because some States daughter because of heroin. Over bankrupt the Republican agenda is. are hit harder than others. My col- Easter weekend last year, Roger They don’t have any ideas for helping league from Ohio is here on the floor, Winemiller found his daughter Heather working families. It is just one cor- and he has been very involved in this dead of a heroin overdose in their bath- porate giveaway after another—mak- issue as well. My State has been one of room. She left behind an 8-year-old ing their big business donors happy and those States hardest hit. Some think son. Then, just 5 days before Christ- keeping the campaign contributions that Ohio now has the highest number mas, Heather’s brother Gene—a father flowing for the next election. But the of overdoses when we add prescription of three children under 18—died of a economic lives of our working families, drugs, heroin, and synthetic heroin, heroin overdose. Gene started abusing our moral leadership in the world, the like fentanyl. painkillers when he was in his early safety of our financial system, and the Second, last summer Congress took twenties. He became addicted, and water we drink and the air we what I think is the biggest step we when the pills were too expensive, he breathe—all of those—are just after- have taken in decades in terms of switched to heroin, which is cheaper thoughts to the corporate wish list. fighting this issue when we passed the and, really, more accessible. If you are a corrupt foreign dictator, Comprehensive Addiction and Recov- Republicans rolling back the rules is ery Act. The President signed it into Unfortunately, this is a fairly com- great for you. If you are an oil com- law. It is already helping with regard mon story in my home State and pany executive, Republicans rolling to providing more prevention efforts, around the country. We are told this is back the rules is great for you. But if treatment, and long-term recovery. It how four out of five heroin addicts in you are anyone else, you should be out- is also helping our law enforcement the United States started on heroin— raged that the Republican Congress is and other first responders to be able to prescription drugs. so willing to throw you under the bus handle this growing crisis. Heather and Gene both got clean sev- to please these groups. We fully funded this Comprehensive eral times. Heather was clean for 3 I urge all of my colleagues to vote Addiction and Recovery Act—also years before she relapsed and died. against this resolution. called CARA—this year, and now we These were vibrant people; they loved I yield the floor. need to ensure that the new adminis- life. Heather loved gardening, and she The PRESIDING OFFICER. The Sen- tration that has just come in continues was a huge Ohio State Buckeyes fan. ator from Ohio. to effectively implement this program Gene loved rock music, hunting, and HEROIN AND PRESCRIPTION DRUG ABUSE as quickly as possible. fishing. But they both made the tragic EPIDEMIC Just in the last few weeks, three of mistake of trying these drugs, and it Mr. PORTMAN. Mr. President, I rise CARA’s grant programs got up and changed their lives forever. tonight to talk about a problem that is running. One is funding for drug courts. Gene Winemiller’s funeral took place affecting every single one of the States Those who are involved with drug at Blanchester Church of Christ in represented in this Chamber and every courts back home already know this, Blanchester, OH. I know Blanchester, one of our communities. It is one that but it is a very effective way to take OH, pretty well. It is a small commu- folks back home are, unfortunately, ex- those who are in the criminal justice nity of about 4,000 people. The very periencing and, frankly, we don’t talk system because of a drug issue—pre- next day, there was another funeral in enough about this in Washington. It is scription drug and heroin issues in par- that same church in this small town of this epidemic of heroin and prescrip- ticular—and get them into a diversion 4,000 people for a heroin overdose. As tion drug abuse. program where they can get treatment, Gene’s dad Roger puts it, ‘‘I can’t em- How bad is it? We just learned very with the risk of going back to incarcer- phasize enough: No one—no one—is im- recently that for the first time in 23 ation if they do not stay clean. This is mune from this epidemic.’’ years, life expectancy in the United really working well in some of our Unfortunately, he is right. It knows States has gone down, and there is no communities in Ohio. They are also no zip code. It is in the rural areas. It question that the surge in heroin and using interesting new techniques, in- is in the suburban areas. It is certainly prescription drug addiction is one of cluding a medication called in our inner cities. It is everywhere.

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.068 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S650 CONGRESSIONAL RECORD — SENATE February 2, 2017 Take Cleveland, in Northeast Ohio, than 50 times. One church in Chil- That is from a report just yesterday. for example. Cleveland medical exam- licothe, Zion Baptist Church, recently Right now these drugs are difficult to iner Thomas Gilson said that ‘‘2016 was had funerals for three overdose victims detect before it is too late. Part of the an unprecedented year.’’ The number of in 1 week. I know Chillicothe. It is a reason is that, unlike private carriers overdoses in Cleveland doubled in 2016 small town of about 21,000 people. such as UPS or FedEx, the Postal Serv- compared to 2015—doubled. Overdoses Heroin and prescription drug pain- ice does not require information about are happening all over the Cleveland killers are flooding our communities to packages. If you are a private carrier, area. More than 150 heroin overdose meet a rise in demand. CARA, this leg- you have to have electric customs data deaths happened in the city and an- islation I talked about, will reduce for packages coming into the country, other 150 happened in the suburbs, kind that demand by increasing access to saying where it is from, what is in it, of evenly split. It is everybody, every treatment for those who need it and where it is going. This means the U.S. group, every age group—African Amer- preventing new addictions from start- Postal Service is a more attractive way ican, White, Hispanic. ing in the first place through better for traffickers to get these dangerous Take Dayton, OH, in Southwest Ohio, prevention and education efforts. drugs like fentanyl or carfentanil into as another example. In Dayton last After CARA became law, I introduced our country. It shouldn’t be this way. year, there were more than 2,500 bipartisan legislation to take another It doesn’t have to be this way. overdoses, about 7 a day. About half of step. This is called the Synthetics The STOP Act would close that loop- the victims were men, and about half Trafficking and Overdose Prevention hole and make the Postal Service re- were women—some in the cities and Act, or the STOP Act. Again, it builds quire advanced electronic data. Where some in the suburbs, with 60 percent in on CARA because it helps reduce the is it coming from? What is in it? Where their thirties and forties and 40 percent supply of drugs coming into our com- is it going? That information on these who were either younger or older than munities. packages before they cross our borders that. So this is happening all over our Some of the deadliest drugs coming would be incredibly helpful. It is com- State and all over our country—in cit- into Ohio are synthetics—drugs such as mon sense. It would help stop these ies, suburbs, inner cities, and rural fentanyl, carfentanil, or U4, essentially dangerous synthetic drugs from being areas and to rich and poor, old and synthetic heroin that is made in a lab- trafficked into the United States, and young alike. oratory somewhere. Guess where these it would save lives. That is what our In 2015, Ohio statewide experienced a drugs are coming from: overseas. Boy, law enforcement officials are telling record 3,050 drug overdose deaths, they are incredibly powerful. Fentanyl us. which is a 20-percent increase from can be more than 50 or even 100 times I know the scope of this epidemic is 2014, and more than quadruple the as powerful as heroin. According to the daunting. It is in your State of Indi- number of overdose deaths in 2000. In Drug Enforcement Agency, it takes ana. It is in my State of Ohio. Its con- 2015, we lost an Ohioan every 3 hours to about 2 milligrams to kill you. sequences are hard to even think about this epidemic. Sadly, the toll was even Carfentanil is even more powerful than because it is about the overdose deaths, higher in 2016. We don’t have the final that—up to 10,000 times as powerful as but it is far more than that. It is about numbers yet. morphine. It is so powerful that it is people not being able to live out their One of Ohio’s economic assets, of used primarily as a tranquilizer for dream. It is about higher costs for law course, is our location. We are cen- large animals like elephants. enforcement. It is about crime. It is trally located. It is great for transpor- Heroin bought on the street today in about our workforce and people not tation. They say half of America’s con- Ohio and elsewhere is often laced with being able to go to work and not being sumers are within 1 day’s drive from these drugs to make it more potent. able to find workers who are drug free. Cincinnati, Cleveland, and Columbus. Roger Winemiller, the Dad I talked It is about so much that affects our Unfortunately, that central location about a few moments ago who lost his communities. also makes us very vulnerable to drug two kids, compares buying heroin to Yet there is hope. We have to work traffickers. playing Russian roulette because you here in Congress to continue to pro- Last year, Ohio State troopers con- never know the potency of the drug mote legislation and policies that will fiscated nearly 160 pounds of heroin. that you are buying. Many of these help us to achieve the dream of turning Depending on the potency, that could spates of overdoses in our urban areas this tide around. The STOP Act that I be equivalent to more than $50 mil- in Ohio are because of the mix with talked about is going to help keep lion—or more than 180,000 injections— fentanyl and carfentanil. some of that poison out of our commu- of heroin. That is nearly triple the These fentanyl deaths in Ohio have nities and increase the cost of heroin. amount of heroin seized the year be- increased nearly fivefold in the last 3 That is good. fore. The Ohio State Highway Patrol years. Three years ago we had about 1 These synthetic heroin increases are also confiscated a record-level number in every 20 overdoses in Ohio because of really concerning. Treatment is incred- of illegal painkillers and fentanyl. Now it is one in five. We ex- ibly important, and it can work. I have methamphetamines last year. pect it soon to be one in three. You can met so many people across Ohio who We have to thank our law enforce- see where this is going. have beaten their addiction—people ment officers because they are saving I talked a minute ago about the traf- who are now back on their feet, back lives every day by keeping this poison ficking of drugs on our interstate high- with their kids, back with their fami- out of our communities, certainly, but ways. That is a serious problem, but so lies. It is hard, but with treatment and also helping to reverse the overdoses is the problem of traffickers shipping a supportive environment, particularly with this miracle drug called naloxone these drugs through our mail system to this longer term recovery, it can be or Narcan. In 2015, the last year we our communities to meet this growing done. have numbers for, Narcan was adminis- demand. Last year I met with Aaron Marks in tered 16,000 times. Think about that: Just yesterday the U.S.-China Com- Columbus, OH, at a conference held by 16,000 people were saved who could have mission released a report about the the Ohio Association of County Behav- died of an overdose, thanks to our first trafficking of Chinese fentanyl into ioral Health Authorities. Aaron is from responders and their professionalism. this country. The report says: Cleveland, a suburb called Beachwood. We don’t have numbers yet for 2016, The majority of fentanyl products found in He began using prescription painkillers but, again, it is going to be, unfortu- the United States originate in China. . . . as a freshman at Beachwood High nately, far higher than that. Chinese law enforcement officials have School. He was just 13 years old. The Washington Post recently pub- struggled to adequately regulate the thou- Again, it is a story that is all too lished a report on the heroin epidemic sands of chemical and pharmaceutical facili- common. Often because of an accident in Chillicothe, OH, where there were ties [laboratories] operating legally and ille- gally in the country, leading to increased or injury, people start using these pain more than 300 overdoses last year, and production and export of illicit chemicals pills. where a single police officer, Officer and drugs. Chinese chemical exporters . . . He was smart, had good grades. He Ben Rhodes, says that he used covertly ship drugs to the Western hemi- got into the University of Cincinnati, a naloxone to reverse an overdose more sphere. great school. One day at UC he ran out

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.070 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S651 of pills. A fellow student who was liv- State is the most beautiful place in OPIOID ADDICTION ing in the same dorm room offered him America. It is probably the most beau- Mr. BROWN. Mr. President, I appre- something else. He said: It is cheaper; tiful place in the world. I ask anyone ciate the comments of my friend from it is called heroin. who is watching to come visit us, you Alaska—also from Cleveland—and He tried it. Soon, he had sold vir- will love it—guaranteed. those of my friend from Cincinnati, tually everything he owned to buy It is the people that make my State Senator PORTMAN, about opioids. I ap- more. Finally, with the help of so special—kind, generous people, full preciate his leadership in my State, the Glenbeigh treatment center in Cleve- of rugged determination, full of patri- work he has done, and the work we land, OH, Aaron got clean and has otism, full of compassion. Many of have done together on opioid addiction. stayed that way for more than a dec- them are willing to go the extra mile, It is a tragedy, and I don’t go much of ade. Aaron is now a successful manager literally, in some of the most difficult anywhere in the State without finding of business development at American terrain and extreme conditions of the someone who is affected, someone who Express. world to help friends and neighbors and is addicted in a family, or a close We can have a lot more success sto- use their strength and skills to inspire friend who has died. ries like Aaron’s if we all engage—all us all. As Senator PORTMAN said, Ohio has of us. Washington, DC, is not going to I wish to tell you a little bit about more opioid deaths than any State in solve this problem. It will be solved in Andrew Kurka, an extraordinary Alas- the country. We are the seventh largest our communities. It is going to be kan from Palmer, which is a beautiful State, but the State with the most solved in our families. It is going to be community about 45 miles outside of deaths. It is troubling, and clearly we solved in our hearts. Anchorage. In his younger years, An- are not dealing with it as well as we Washington, DC, can play a more drew was a wrestler. He put his heart should. constructive role. In passing this legis- into it. For his efforts, he was very suc- Mr. President, I rise to close the de- lation, it makes sense to give people cessful. He was a six-time Alaska State bate on this motion today on the Con- the tools they need to be able to fight champion in freestyle and Greco- gressional Review Act to wipe out the this scourge. The role is put the right Roman wrestling. SEC rule. I rise in opposition to the policies in place, like the STOP Act, When he was 13, he suffered a spinal bill, as a number of colleagues on my like fully funding treatment, like fully cord injury in a four-wheeler accident. side of the aisle have very strong feel- funding CARA in the coming months. His physical therapist urged him to ings on it. With the exception of my We can then bring down the demand for keep going, to keep trying, to stay ac- friend from Idaho, the chairman of the these dangerous drugs, and we can keep tive, and actually paid for his first ski- Banking Committee, there weren’t these poisons from coming into our ing lesson with a group called Chal- many Republicans who wanted to come communities and build on the progress lenge Alaska, a nonprofit Paralympic to the floor for this, in part because I that Congress has made over the past sports club. think it is just the supporters they year. Let’s not let up until we finally According to an article in the Alaska have on their side don’t make you want turn the tide of this epidemic and begin Dispatch News, Andrew is ‘‘willing to to rush to the floor and support them. to save lives. give just about anything a try— Some called this the Kleptocrat Relief I yield back. bodybuilding, water-skiing, ultra-mar- Act. I will give you a real quick history The PRESIDING OFFICER. The Sen- athon, handcycling.’’ He even raced in before I wrap up. There is a provision in Dodd-Frank ator from Alaska. the Arctic Man ski and snow machine to deal with giving the President and Mr. SULLIVAN. Mr. President, I race in Alaska—a race that is not for others the best anticorruption tools we want to begin by complimenting my the faint of heart. It is one tough race. colleague, the Senator from Ohio, Mr. It is in sit skiing where he truly ex- could have around the world, where countries that have lots of natural re- PORTMAN. He has been the leader in the cels. He has been a longtime member of sources have been countries with all U.S. Senate on addressing this issue the U.S. Paralympic team and has won the wealth from natural resources. that literally is impacting every single numerous medals. Just last month, he They are some of the most corrupt gov- one of our States—whether it is Ohio won three medals, including the Gold ernments with some of the worst pov- or Alaska or Indiana where the Pre- for the men’s downhill race at the siding Officer is from—and it is a kill- erty anywhere on Earth. World Para Alpine Championships in This legislation in Dodd-Frank, and er. Italy—the Gold for the whole world. The opioid epidemic that is hap- the rule that came out of it from the His accomplishments are amazing SEC, was going a long way to pre- pening is something we all have to enough, but his willingness to serve work together on, but we have hope, as venting corruption. What we saw was and be a role model for others is what the support. Thirty countries in the Senator PORTMAN said. I believe we makes him a true Alaska treasure. He world followed suit from our country. have hope because of communities, be- is involved in numerous organizations cause of brave Americans like those he The companies that were affected, with for great causes, and he travels all a few very notable exceptions, were be- is talking about. across Alaska and the country, visiting We also have hope because of guys ginning to do what they knew they with children with medical problems needed to do and should have done and like ROB PORTMAN, and we would be a and urging them to dream big the way that the rule called for. As a result, we lot less further along in this country in he has. turning around this epidemic and high- were going in the right direction until ‘‘I have spent my life hoping to be an this new administration, this new Con- lighting it for Americans if it weren’t example to others,’’ Andrew said. gress. for him. I really want to commend my ‘‘Having the chance and being put in a I ask unanimous consent to have colleague from Ohio. He has done such position where I can make a difference printed in the RECORD relevant letters a great job and is so passionate about means the world to me.’’ That is An- from investors. this issue. drew. There being no objection, the mate- TRIBUTE TO ANDREW KURKA For his determination against all rial was ordered to be printed in the Mr. President, in the last few weeks odds, for his accomplishments, for his RECORD, as follows: I have come to the floor to recognize compassion, and for making the United AUGUST 14, 2013. an exceptional Alaskan—someone who States and Alaska proud last month in MARY JO WHITE, spends time giving back to our commu- Italy at the World Para Alpine Cham- Chairman, U.S. Securities and Exchange Com- nity by sharing their time and talents pionships, Andrew Kurka is this week’s mission, Washington, DC. up north. There are thousands of these Alaskan of the Week. DEAR CHAIRMAN WHITE: As investors rep- people, of course, in my great State, Congratulations, Andrew, from all of resenting more than US$5.6 trillion in assets and I would love to recognize every sin- your supporters. You are a great inspi- under management, we commend the U.S. Securities and Exchange Commission (SEC) gle one of them. They do so much for ration to all of us. for its leadership in producing final rules for all of us. I yield the floor. the implementation of Section 1504 of the We Senators are not humble about The PRESIDING OFFICER. The Sen- Dodd-Frank Wall Street Reform and Con- our States. I certainly believe my ator from Ohio. sumer Protection Act (Section 1504). The

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We also as investors whose interests are inextricably parency Directive and regulation under de- welcome the parallel submission by Calvert bound with the commercial interests of the velopment in Canada. Investment Management et al, and note the oil and mining companies in which we in- On July 2, the U.S. District Court for the common objectives our respective groups of vest, we wish to clarify that we fully agree District of Columbia made a ruling in Amer- signatories share in promoting high stand- that the remit of the SEC is, and should re- ican Petroleum Institute et al. vs. Securities ards of transparency in the extractives sec- main, that of safeguarding the efficient func- and Exchange Commission vacating the rules tor. tioning of financial markets. We also agree for the implementation of Section 1504 and We would like to highlight that we have that legislative and regulatory tools aimed requiring the Commission to review them. only belatedly become aware of the detailed at achieving purely social aims properly be- We encourage the SEC to continue its vig- submission made on April 15, 2014 by the long within instruments other than SEC reg- orous defense of the Section 1504 rules as it American Petroleum Institute (API) on this ulation. responds to the’U.S. District Court’s deci- subject. Inasmuch as we had produced this However, it is our contention that Section sion. statement, and secured approvals from the 1504, in line with the broader purpose of the It is in the interest of investors and com- undersigned institutions, well before having Dodd Frank Act, i.e. mitigating systemic fi- panies subject to both the U.S. and EU re- had an opportunity to review the API sub- nancial market risk, plays an essential role quirements that the reporting obligations in mission, we wish to draw your attention to a in containing behaviours related to extrac- these jurisdictions are as uniform as pos- brief supplementary comment that several of tive sector activity that contribute to dam- sible. Consistent and predictable regulations our signatories will shortly be submitting by aging levels of financial and economic insta- may lower compliance costs and enhance the way of parallel submission in order to ad- bility. As you know, Section 1504 calls for the pro- salience of disclosures. Therefore, we hope dress any additional points that are relevant vision of detailed publicly-available informa- that the SEC will take all necessary steps to to the API’s arguments. tion regarding payments to government. The ensure that the rules go into effect as early The undersigned signatories strongly sup- port the Extractive Industries Transparency purpose of such disclosure is to: a) defuse as possible and that they maintain con- suspicions by civil society; b) curb the inci- tinuity with regulations in other jurisdic- Initiative (EITI). As such, we not only wel- come the US’s involvement as an EITI Sup- dence of corruption and fiscal mismanage- tions. In doing so, the SEC should have due ment; c) and thereby reduce the social and regard to the lengthy deliberations it con- porting Country since the Initiative’s incep- tion in 2003, but are particularly pleased to political risk factors that drive high levels of ducted before the promulgation of the rules, operating risk in resource-dependent emerg- and the inputs from diverse constituencies note its recent admission as an EITI Can- didate Country. We regard the United States’ ing nations. The latter notably exacerbates including many investors. the volatility and risk in the commodities Payment disclosure regulations, such as decision as instrumental in establishing the de facto global standard for transparency in markets. It is precisely because of its role in Section 1504 and the European Union Trans- helping to counteract these damaging pres- parency Directive, play a critical role in en- the extractives sector, and see the steady progress being made as a critical factor in sures that we regard Section 1504 as very couraging greater stability in resource-rich much in the interests of investors, and con- countries, which benefits both the citizens of helping to reduce volatility in the oil and other vital hard commodity markets, with sistent with the basic mission of the SEC. those countries and investors. The Extrac- Nevertheless, as investors, we are sympa- beneficial impacts on global financial mar- tive Industries Transparency Initiative thetic to the concerns of industry regarding kets and the real economy. (EITI) Board Chair Clare Short has stated the practical impacts of any new legislation In line with our support for the EITI, we that mandatory payment disclosure regula- in terms of potential administrative com- also highlight that we regard the mandatory tions would ‘‘strengthen the local account- plexity and cost burden, particularly in re- project-level reporting provision contained ability EITI provides.’’ In fact, the latest re- spect of companies that operate in multiple in Section 1504 as entirely consistent with, vision of the EITI standard explicitly made jurisdictions. As such, it is imperative that and complementary to, the goals of the EFL project level payment disclosure contingent the disclosure regulations introduced by Sec- As such, we wish to underscore the impor- on alignment with SEC and EU regulation. tion 1504 reflect alignment between the US, tant revisions made in 2013 to the EITI We encourage the SEC to keep the com- EU and Canada—all key jurisdictions for ex- Standard that aim specifically to ensure plementary nature of regulations such as tractive industry issuers. Firstly, this would Section 1504 and EITI in mind as it considers convergence with the disclosure standard pi- simplify compliance for extractive compa- its response to the U.S. District Court. oneered by Section 1504. These are now nies, particularly for those that already have Investors depend on the SEC’s leadership echoed in similar legislation already passed dual listings. Secondly, it would lift overall and deliberate consideration of disclosure re- by the European Union (Transparency and transparency standards while deterring less quirements that protect investors, maintain Accounting Directives) and in progress in scrupulous issuers from actively seeking out fair, orderly, and efficient markets, and fa- Canada (Canadian Mandatory Reporting in more opaque regulatory regimes. Such cilitate capital formation. We commend the the Extractive Sector). ‘forum-shopping’ would not only harm well- In short, Section 1504 started a process Commission on issuing rules for the imple- governed companies through unfair competi- mentation of Section 1504 that reflect thor- that has now been embraced by the world’s tion, but expose investors to higher risk, and ough contemplation of these factors and are other key jurisdictions: where initially it the general public to greater systemic risk. confident the SEC will continue to act in the could have placed US listed companies at a Our strong interest as investors is there- interest of investors as it responds to the commercial disadvantage, this risk has been fore to achieve both consistency across com- U.S. District Court’s July 2 ruling in API vs. reduced. As institutions based in numerous peting jurisdictions and high standards, SEC. international jurisdictions, with both cus- rather than regarding them as necessarily tomers and assets spread around the globe, mutually exclusive. In this regard, the we welcome this virtuous development, and APRIL 28, 2014. moves by the EU and Canada to follow in consider that regulations favouring not only MARY JO WHITE, Dodd Frank 1504’s footsteps signal a clear Chair, U.S. Securities and Exchange Commis- high, but just as importantly, globally con- trend that is now very difficult to reverse: sion, Washington, DC. sistent standards of transparency, are essen- transparency has firmly taken hold, and it tial to safeguarding the effective functioning Re: Section 1504 of the Dodd—Frank Wall would be a mistake to roll backwards. of the financial markets. As a large group of diverse investment in- Street Reform and Consumer Protection Act Finally, we highlight that our portfolios stitutions, we acknowledge that different in- DEAR CHAIR WHITE: We write on behalf of have substantial exposure to the global ex- vestors may make greater or lesser use of the 34 undersigned institutional investors to tractives sector, through both equity and the granular data produced through such dis- convey our strong support for the leadership fixed income instruments, and that many of closure for individual stock decision pur- the U.S. Securities and Exchange Commis- the undersigned also invest actively in the poses, depending on the nature of their port- sion (SEC) has shown in producing final rules sovereign debt of resource-dependent emerg- folios and investment processes. However, for the implementation of Section 1504 of the ing nations whose fiscal governance has a di- while individual investment strategies may Dodd-Frank Wall Street Reform and Con- rect bearing on the quality of the credits differ, we are strongly of the view that dis- sumer Protection Act [Section 13(q) of the they hold. It is therefore specifically with a closure of the type called for by Section 1504 Securities Exchange Act of 1934]. This letter view to safeguarding and enhancing our cli- affords the following benefits to investors: follows up on a prior submission made to the ents’ portfolio returns that we contribute Putting such information in the public do- SEC on August 14th 2013 on this subject and the following comments. main is of major indirect benefit to inves- signed by many of the institutions below. Chair White, your fellow SEC Commis- tors, thanks to its impact on the overall By way of introduction, the signatories of sioner Michael Piwowar has recently been quality of the business climate: better trans- this submission manage assets that collec- reported to have voiced the concern that parency helps to build trust with the citi- tively total more than US$ 6.40 trillion, and Section 1504 may have involved a degree of zenry, deter corruption through better scru- our mandate is to deliver sustainable long- legislative overreach, by allowing ‘‘special tiny of revenues and spending, and reduce

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the likelihood of contract rescissions. An APRIL 28, 2014. Commission will see the process through to a anonymous compilation of the submissions MARY JO WHITE, conclusion that fulfills its obligations and required by Section 1504 would likely not Chair, U.S. Securities and Exchange Commis- advances the interests of all parties. provide the information necessary to serve sion, Washington, DC. Mr. BROWN. Mr. President, on one this purpose. DEAR CHAIR WHITE: As investors rep- The value of such a standard lies in its resenting more than $2.85 trillion in assets side of this argument, one side of this consistent application across all global mar- under management, we applaud the U.S. Se- rule, we see in the end—and this kind kets: this means that country exemptions curities and Exchange Commission (SEC) for of sums it up. We have these 30 coun- should not be granted in cases where foreign its leadership in producing final rules for the tries that followed us and passed the jurisdictions wish to impose secrecy—other- implementation of Section 1504 of the Dodd- rules and the laws the same as we did. wise, such exemptions, often referred to as Frank Wall Street Reform and Consumer We have on our side, the American the ‘‘tyrant’s veto’’, will merely serve to en- Protection Act [Section 13(q) of the Securi- courage such governments to introduce anti- ties Exchange Act of 1934]. The rules the SEC Catholic Bishops, the Conference of transparency standards, thereby under- adopted for the implementation of Section Bishops, the Presbyterian Church, mining the very object of this regulation. 13(q) on August 22, 2012 would protect inves- groups like the One Campaign and The impact of such disclosure on competi- tors and promote efficient capital markets Oxfam—public interest groups that tiveness has been overstated, as dem- by providing investors with valuable factual made their mission trying to end cor- onstrated by the strong support afforded to information on risk profiles and company ruption and deal with the economic Section 1504’s Canadian equivalent by the performance. Delay in implementation of leading trade associations in the Canadian and social distress and devastation these rules or their significant revision brought on by some of these companies mining sector (Mining Association of Canada would continue to deny investors this valu- and Prospectors and Developers Association able information. and some of these kleptomaniacal—for of Canada), and the more nuanced position of The opportunities and challenges of both want of a better term—governments. the Canadian Association of Petroleum Pro- operating and investing in the oil, gas and That is on the one side. ducers relative to the American Petroleum mining industries have changed significantly On the other side, we have my Repub- Institute. We also note that this information in recent decades as companies have been in- lican friends in the Senate and House. can be easily obtained by purchasing spe- creasingly compelled to explore and produce We have Rex Tillerson, the new Sec- cialist research—which merely ensures that in countries with challenging governance it is available to competitors who can afford and business environments, including some retary of State, who lobbied vigorously to pay, but not to citizens who cannot. More with pervasive corruption. We believe that and unceasingly against this rule as importantly, as investors, we stand to ben- Section 13(q) creates a chance for disclosure president of Exxon. We have Exxon on efit more from efficient, competitive mar- requirements to evolve in a manner that re- the other side. We have the Chamber of kets that enable ethical behaviour than we flects the changing dynamics of these indus- Commerce and the American Petro- do from isolated instances of companies tries. leum Institute. And on that side for gaining a temporary negotiating advantage Investors’ decisions regarding the oil, gas this bill—against the rule—we have through secrecy. and mining industries and the efficient func- The impact on companies’ compliance tioning of markets in general rely on the autocrats in places like Russia, Iran, costs should be given due consideration, and public disclosure of relevant information Venezuela. You can bet on this vote to- we would therefore urge that with regard to from issuers that is comprehensive and con- morrow morning, if 7 a.m. comes out the definition of ‘project’, the disclosure sistent. Therefore, we agree with the Com- the way it looks like it will, you can framework in Section 1504 be consistent with mission’s August 2012 rules for Section 13(q) bet there will be celebrations in Rus- best practice for disclosing disaggregated that require issuer-by-issuer, government- sia, in Iran, and Venezuela, in all these production information that references the level, and project-level public disclosures countries where these kleptocrats, legal relationship between individual and believe that these are beneficial to in- where these leaders who are so corrupt, projects and host governments. Such an ap- vestors. proach may be modeled on the project-level Issuers’ annual public Exchange Act re- where they benefited so much. disclosures that have been developed under porting is an indispensable factor for invest- I think that really sums it up, how the EU Directives and also made by Statoil, ment decision-making. It must be done on a important it is that we defeat this bill, the large Norwegian-based international oil basis that allows investors to make decisions how important it is that this Presi- company, as well as Tullow Oil, the FTSE100 about the securities of individual issuers. An dent, who came to town and has been UK oil company. These base their definition, anonymous compilation of the submissions in office less than about 2 weeks, his either implicitly or explicitly, on economic required by Section 13(q) would likely not rather than geological entities (so-called provide the information necessary to serve second week in office—his campaign ‘payment liability’), which we regard as a this purpose. It is in the interest of both in- was all about drain the swamp, and one cost-efficient way of mirroring internal cor- vestors and issuers that the data disclosed of the first things he did, with his Re- porate reporting. We recommend a single pursuant to Section 13(q) maintains consist- publican House and Senate Members consistent standard in preference to allowing ency across each issuer’s operations. Fol- following along like sheep, they have companies to self-define project boundaries lowing the enactment of Section 13(q), other done this. It is just incredible how they for two reasons: 1) a multiplicity of report- jurisdictions have responded with com- moved so quickly to side with the auto- ing standards would cause confusion and plementary regulatory efforts, most notably crats, to side with the Russians, to side drive up compliance costs; 2) flexibility for the European Union Accounting and Trans- companies would also risk undermining the parency Directives and Canada’s commit- with Big Oil, to side with ExxonMobil aim of the regulation. Such a standard ment to establish mandatory payment trans- and these autocrats in places like Iran should also require a consistent and reason- parency reporting standards. Consistency and Russia. It is not a good com- able degree of disaggregation, as this would with these reporting mandates requires pay- mentary on this body. I am sorry to see meet the aims of the regulation, namely im- ment information for all countries in which it. proving fiscal governance at both national issuers operate, without exception. I ask my colleagues to vote no. and subnational level. Section 13(q) and its complementing regu- In conclusion, we are pleased to signal our lations also require project-level disclosure. I yield back my time. strong support for the SEC’s leadership in es- It would be most beneficial to investors if Mr. CRAPO. Mr. President, I yield tablishing a mandatory reporting standard this disclosure were consistent with best back the remaining Republican time. in the extractives sector that is complemen- practice for disclosing disaggregated produc- The PRESIDING OFFICER (Mr. SUL- tary to the EITI, aligned with equivalent tion information that references the legal re- LIVAN). Without objection, the major- standards in the EU and Canada, and de- lationship between individual projects and signed pragmatically to deliver the very real host governments. Such an approach may be ity time is yielded back. benefits that we see coming from enhancing modeled on the project-level disclosures fiscal transparency and accountability in re- made by Statoil, the large Norwegian-based f source-dependent emerging nations. The SEC international oil company, as well as Tullow has demonstrated great diligence in appre- Oil. MORNING BUSINESS ciating the changing needs of investors The SEC has demonstrated great diligence through the implementation of Section 1504. in appreciating the changing needs of inves- Mr. CRAPO. Mr. President, I ask We remain confident that the Commission tors through the implementation of Section unanimous consent that the Senate be will see the process through to a conclusion 13(q). We also welcome the parallel comment in a period of Morning Business, with that fulfills its mission and advances the in- submitted by Allianz Global Investors et al., Senators permitted to speak therein terests of all its stakeholders. and note the common objectives our respec- We thank you for your attention to this tive groups of signatories share in promoting for up to 10 minutes each. submission, and remain at your disposal for high standards of transparency in the extrac- The PRESIDING OFFICER. Without any further information or clarification. tives sector. We remain confident that the objection, it is so ordered.

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John is herd of Polled Hereford cattle and be- school to sports. a World War II veteran, a beloved came an internationally recognized Ally broke new ground as the first member of the Lyndhurst community, Hereford cattle breeder. person from Harlowton High School ap- and an inspiration to many. This success also earned them the pointed to the U.S. Military Academy A native of Hoboken, John Salamone recognition of ‘‘Boone County Family at West Point. The number of cadets at began his service upon enlistment in Farm of the Year’’ in 1973. West Point will be nearly double the the U.S. Navy in 1943 at the age of 17. He took his expertise to Montana in population of Wheatland County. Ally After basic training, he was assigned to 1978 to work in the cattle industry and won’t flinch at this. She is not one to the medical corps and deployed to the was active on the national cattle show seek out comfort, make excuses, or Pacific Theater on the hospital ship circuit, winning the award for national look for shortcuts. She will do what the U.S.S. Haven. John’s service in the champion bull in 1994 and 1995. she has always done—wake up when al- Pacific took him to the Battle of Oki- After his decades of raising cattle, he most everyone else is still sleeping, nawa, to the liberation of POWs in the could still remember in detail his focus on the tasks at hand, and simply Philippines, and to the destroyed city prized animals. He was more than get the job done. Her exemplary of Nagasaki. happy to share pictures and stories of hardwork and leadership will serve our John’s experiences during the war his cattle. Nation well in the military. Good luck, changed him. For several years fol- Joe was a longtime member of the and Godspeed, Ally; the people of Mon- lowing his return, he used his training Union Baptist Church where he served tana support you.∑ to assist others as a volunteer emer- as a deacon, church secretary, and f gency medical technician in his com- treasurer. 250TH ANNIVERSARY OF THE munity. After seeing the devastation of The Dearings were so kind to my MATTATUCK DRUM BAND the atomic bomb released over Naga- daughters when they were showing ∑ Mr. MURPHY. I would like to con- saki, John became passionate about cows through 4–H. We spent countless gratulate the Mattatuck Drum Band, sharing his war experiences with others hours with Joe and Dennie traveling the oldest continually operating all over the country, and we witnessed in the hopes that the United States marching band in the Nation, on its the great examples of integrity and might never again deem atomic war 250th anniversary. The Mattatuck character that defined their lives. necessary. To this day, he still prays Drum Band’s performances have cap- Joe Dearing left a lasting legacy. He for peace. tivated audiences in Connecticut since was a beloved husband, friend, commu- John is treasured by all who have before the founding of our Nation and nity member, and cattle rancher. I was been fortunate enough to meet him, deserve recognition for continuing this proud to call him my friend, and in and thanks to his outgoing and affable important musical tradition over so fact, he and Dennie always seemed nature, almost everyone in the town- many years. ship of Lyndhurst knows him. John is a more like family. He will be greatly During the marching band’s forma- fixture there: he was a Little League missed. My thoughts and prayers are tive years in the early 1770’s, it was coach, a member of the Elks Lodge and with his loved ones during this difficult known as the Farmingbury Drum ∑ the Knights of Columbus, and a mem- time. Band. The group performed at ber of St. Luke’s Roman Catholic f Farmingbury church events, where Church, where he still attends mass TRIBUTE TO ALLY MARTIN churchgoers were called into services every Sunday, just as he has for more by drumbeat—a common practice for ∑ Mr. DAINES. Mr. President, this than 50 years. For 68 years, until her churches without a bell. During the week, I have the distinct honor of rec- death, John was the loving husband of American Revolution, many members Mary Salamone, and he is the proud fa- ognizing Ms. Ally Martin of Wheatland of the band served as wartime fifers ther of Robert Salamone, Maureen County, a tough ranch hand with a and drummers, providing military field Hirsch, and Mary Ann Osgoodby. In his very bright future. This young lady has music for soldiers fighting for Amer- retirement, after a 40-year career in flat out excelled in her community. ican independence. Shortly after re- sales with Chemical Bank, John spends The superintendent of Harlowton Pub- turning home from the war, the band his time doting on his seven grand- lic Schools said of Ally, ‘‘I have known grew in popularity and changed their children and nine great-grandchildren, Ally for her whole life and she has yet name to the Wolcott Drum Band. advocating for the veterans commu- to disappoint me.’’ In the 19th century, many band mem- nity, and sharing his unique story as a Ally is the oldest of four siblings on bers continued their service to the U.S. Navy corpsman during World War a working sheep and cattle ranch not military during the War of 1812 and in II. too far from the Musselshell River in the Civil War, participating in rallies John’s remarkable commitment to central Montana. Anyone who knows and recruiting events to ‘‘drum up’’ his community and our Nation is an the amount dedication and persever- support for the militia. Following the example for all who seek to serve. It is ance it takes to keep this type of fam- Civil War, however, many band mem- an honor to formally recognize him for ily business running knows that Ally’s bers relocated, and interest in the his tremendous contributions to his achievements in sports, school, and 4–H group waned. The group was revived in fellow citizens and thank him for his are remarkable. Ally gets her grit from 1881, when the remaining active mem- faithful service.∑ her family. Her parents would drive 25 bers of the band moved the group to f miles to take Ally to her part-time job Waterbury and renamed it the washing dishes and waiting tables at Mattatuck Drum Band. The uniform REMEMBERING JOE BILL DEARING the Crazy Mountain Inn in first donned by this group in 1884 is ∑ Mr. BOOZMAN. Mr. President, today Martinsdale. still worn by the Mattatuck Drum I wish to remember Joe Bill Dearing, From 2013–2015, Ally was recognized Band today. an Arkansan with a big heart who as the Wheatland County 4–H ‘‘Grand As the band continued into the 20th loved to tell a good story and was a Champion’’ for her sheep project. Ally century, their main purpose shifted legend in Hereford cattle breeding. He meticulously cross-bred Suffolk sheep from rallying support for the militia to passed away on Monday, January 30, into her family’s Targhee flock, mak- bolstering the morale and feelings of 2017, at the age of 88. ing noticeable gains to weaning weight. patriotism amongst the public. Al- Joe was born in Harrison, AR. He Some of her 4–H peers even started though many Mattatuck Drum Band married his high school sweetheart, using her lambs in 4–H as well. Ally has members enlisted to serve their coun- Dennie, in 1947, and the couple pursued been able to shoulder the demands of try during World War I and World War

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G02FE6.063 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S655 II, the musicians still found ways to *Nomination was reported with rec- the Secretary of Veterans Affairs, and for practice and keep the group active. In ommendation that it be confirmed sub- other purposes; to the Committee on Vet- 1961, the Mattatuck Drum Band trav- ject to the nominee’s commitment to erans’ Affairs. By Mr. BROWN: elled to Washington to participate in respond to requests to appear and tes- S. 284. A bill to amend title XVIII of the the inaugural parade of President- tify before any duly constituted com- Social Security Act to prevent surprise bill- Elect John F. Kennedy. They received mittee of the Senate. ing practices, and for other purposes; to the a standing ovation and applause for (Nominations without an asterisk Committee on Finance. their performance. were reported with the recommenda- By Mr. GARDNER (for himself and Mr. Today the Mattatuck Drum Band tion that they be confirmed.) BENNET): S. 285. A bill to ensure adequate use and performs at many parades and celebra- f access to the existing Bolts Ditch headgate tions, using their powerful drum beats and ditch segment within the Holy Cross to continue the patriotic tunes and tra- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Wilderness in Eagle County, Colorado, and ditions that have inspired so many for other purposes; to the Committee on En- Americans over generations. I would The following bills and joint resolu- ergy and Natural Resources. like to congratulate the Mattatuck tions were introduced, read the first By Mr. GARDNER (for himself and Mr. Drum Band on their incredible history and second times by unanimous con- BENNET): sent, and referred as indicated: S. 286. A bill to require a land conveyance of service and inspiration. It is my involving the Elkhorn Ranch and the White hope that the band continues this in- By Ms. HEITKAMP (for herself, Mr. River National Forest in the State of Colo- credible musical tradition for many BOOZMAN, Mr. UDALL, Mr. LEAHY, Mr. rado, and for other purposes; to the Com- more years to come.∑ DURBIN, Ms. KLOBUCHAR, Mr. KING, mittee on Energy and Natural Resources. Ms. COLLINS, Ms. STABENOW, Mr. DON- f By Mr. GARDNER (for himself and Mr. NELLY, Ms. BALDWIN, Mr. WYDEN, Mr. BENNET): MESSAGE FROM THE HOUSE WARNER, and Mr. COCHRAN): S. 287. A bill to update the map of, and S. 275. A bill to allow the financing by At 4:30 p.m., a message from the modify the maximum acreage available for United States persons of sales of agricultural inclusion in, the Florissant Fossil Beds Na- House of Representatives, delivered by commodities to Cuba; to the Committee on tional Monument; to the Committee on En- Mrs. Cole, one of its reading clerks, an- Banking, Housing, and Urban Affairs. ergy and Natural Resources. nounced that the House has passed the By Mr. FLAKE (for himself and Mr. By Mr. DAINES (for himself, Mr. following joint resolutions, in which it MCCAIN): LANKFORD, Mr. BLUNT, and Mr. requests the concurrence of the Senate: S. 276. A bill to amend title 28, United HATCH): States Code, to divide the ninth judicial cir- S. 288. A bill to require notice and com- H.J. Res 37. Joint resolution disapproving cuit of the United States into 2 circuits, and ment for certain interpretative rules; to the the rule submitted by the Department of De- for other purposes; to the Committee on the Committee on Homeland Security and Gov- fense, the General Services Administration, Judiciary. ernmental Affairs. and the National Aeronautics and Space Ad- By Mr. MANCHIN: By Mr. BENNET (for himself and Mr. ministration relating to the Federal Acquisi- S. 277. A bill to establish a Rural Tele- GARDNER): tion Regulation. communications and Broadband Advisory S. 289. A bill to adjust the boundary of the H.J. Res 40. Joint resolution providing for Committee within the Federal Communica- Arapaho National Forest, Colorado, and for congressional disapproval under chapter 8 of tions Commission; to the Committee on other purposes; to the Committee on Energy title 5, United States Code, of the rule sub- Commerce, Science, and Transportation. and Natural Resources. mitted by the Social Security Administra- By Mr. DAINES (for himself and Mr. By Mr. UDALL (for himself and Mr. tion relating to Implementation of the NICS WARNER): BOOZMAN): Improvement Amendments Act of 2007. S. 278. A bill to amend the Homeland Secu- S. 290. A bill to amend the Internal Rev- f rity Act of 2002 to provide for innovative re- enue Code of 1986 to provide a standard home search and development, and for other pur- office deduction; to the Committee on Fi- MEASURES PLACED ON THE nance. CALENDAR poses; to the Committee on Homeland Secu- rity and Governmental Affairs. By Mr. WARNER (for himself, Mr. The following bill was read the sec- By Mr. RUBIO: LEAHY, Mr. MERKLEY, Mr. HEINRICH, S. 279. A bill to amend the Water Resources Mrs. FEINSTEIN, and Ms. HARRIS): ond time, and placed on the calendar: S. 291. A bill to amend the National Secu- Development Act of 1986 to modify a provi- S. 274. A bill to nullify the effect of the re- rity Act of 1947 to modify the requirements sion relating to acquisition of beach fill; to cent executive order that temporarily re- for membership in the National Security the Committee on Environment and Public stricted individuals from certain countries Council and cabinet-level policy forum, and Works. from entering the United States. for other purposes; to the Select Committee By Mr. GARDNER (for himself and Mr. on Intelligence. f BENNET): By Mr. REED (for himself, Mrs. CAPITO, S. 280. A bill to authorize, direct, expedite, REPORTS OF COMMITTEES Mr. VAN HOLLEN, and Mr. ISAKSON): and facilitate a land exchange in El Paso and S. 292. A bill to maximize discovery, and The following reports of committees Teller Counties, Colorado, and for other pur- were submitted: accelerate development and availability, of poses; to the Committee on Energy and Nat- promising childhood cancer treatments, and By Mr. BARRASSO, from the Committee ural Resources. for other purposes; to the Committee on on Environment and Public Works, without By Mr. LEE: Health, Education, Labor, and Pensions. amendment: S. 281. A bill to amend the Immigration By Mr. SCOTT (for himself, Mr. BOOK- S. Res. 42. An original resolution author- and Nationality Act to eliminate the per- ER, Mr. BLUNT, Mr. BENNET, Mr. GRA- izing expenditures by the Committee on En- country numerical limitation for employ- HAM, Mr. COONS, Mrs. CAPITO, Mrs. vironment and Public Works. ment-based immigrants, to increase the per- GILLIBRAND, Mr. PETERS, Mr. GARD- country numerical limitation for family- f NER, Mr. YOUNG, and Mr. WARNER): sponsored immigrants, and for other pur- S. 293. A bill to amend the Internal Rev- EXECUTIVE REPORTS OF poses; to the Committee on the Judiciary. enue Code of 1986 to provide for the deferral COMMITTEES By Mr. HELLER (for himself, Mr. HEIN- of inclusion in gross income for capital gains RICH, Mr. GARDNER, Mr. TESTER, Mr. The following executive reports of reinvested in opportunity zones; to the Com- RISCH, Mr. DAINES, Mr. BENNET, and mittee on Finance. nominations were submitted: Mr. UDALL): By Mr. NELSON (for himself, Mr. By Mr. BARRASSO for the Committee on S. 282. A bill to promote the development RUBIO, Mr. MANCHIN, Mr. DAINES, Mr. Environment and Public Works. Scott Pru- of renewable energy on public land, and for CASEY, Mr. GARDNER, Mr. BOOZMAN, itt, of Oklahoma, to be Administrator of the other purposes; to the Committee on Energy Mr. TESTER, Ms. HIRONO, and Mr. Environmental Protection Agency. and Natural Resources. HELLER): By Mr. JOHNSON for the Committee on By Mr. FRANKEN (for himself, Mr. S. 294. A bill to amend the Federal Food, Homeland Security and Governmental Af- TILLIS, Mr. COONS, Mr. MERKLEY, Mr. Drug, and Cosmetic Act to clarify the Food fairs. *Mick Mulvaney, of South Carolina, to WYDEN, and Ms. HIRONO): and Drug Administration’s jurisdiction over be Director of the Office of Management and S. 283. A bill to amend title 38, United certain tobacco products, and to protect jobs Budget. States Code, to provide for the treatment of and small businesses involved in the sale, By Mr. ENZI for the Committee on the veterans who participated in the cleanup of manufacturing and distribution of tradi- Budget. *Mick Mulvaney, of South Carolina, Enewetak Atoll as radiation exposed vet- tional and premium cigars; to the Com- to be Director of the Office of Management erans for purposes of the presumption of mittee on Health, Education, Labor, and and Budget. service-connection of certain disabilities by Pensions.

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.043 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S656 CONGRESSIONAL RECORD — SENATE February 2, 2017 By Mr. DAINES (for himself, Mr. SUL- vada (Ms. CORTEZ MASTO) were added S. 244, a bill to repeal the wage require- LIVAN, and Ms. MURKOWSKI): as cosponsors of S. 58, a bill to amend ment of the Davis-Bacon Act. S. 295. A bill to amend title 28, United the Internal Revenue Code of 1986 to re- S. 251 States Code, to provide for the appointment peal the excise tax on high cost em- of additional Federal circuit judges, to di- At the request of Mr. WYDEN, the vide the Ninth Judicial Circuit of the United ployer-sponsored health coverage. name of the Senator from Hawaii (Mr. States into 2 circuits, and for other purposes; S. 59 SCHATZ) was added as a cosponsor of S. to the Committee on the Judiciary. At the request of Mr. CRAPO, the 251, a bill to repeal the Independent By Mr. SULLIVAN (for himself, Mr. name of the Senator from Idaho (Mr. Payment Advisory Board in order to DAINES, and Ms. MURKOWSKI): RISCH) was added as a cosponsor of S. ensure that it cannot be used to under- S. 296. A bill to establish a Commission on 59, a bill to provide that silencers be mine the Medicare entitlement for Structural Alternatives for the Federal beneficiaries. Courts of Appeals; to the Committee on the treated the same as long guns. Judiciary. S. 94 S. 255 By Ms. COLLINS (for herself and Mrs. At the request of Mr. CARDIN, the At the request of Mr. SCHATZ, the MCCASKILL): names of the Senator from Connecticut name of the Senator from Virginia (Mr. S. 297. A bill to increase competition in the (Mr. MURPHY) and the Senator from KAINE) was added as a cosponsor of S. pharmaceutical industry; to the Committee Colorado (Mr. GARDNER) were added as 255, a bill to increase the rates of pay on Health, Education, Labor, and Pensions. cosponsors of S. 94, a bill to impose under the General Schedule and other f sanctions in response to cyber intru- statutory pay systems and for pre- sions by the Government of the Rus- vailing rate employees by 3.2 percent, SUBMISSION OF CONCURRENT AND and for other purposes. SENATE RESOLUTIONS sian Federation and other aggressive activities of the Russian Federation, S. 264 The following concurrent resolutions and for other purposes. At the request of Mr. LANKFORD, the and Senate resolutions were read, and S. 109 name of the Senator from Missouri referred (or acted upon), as indicated: At the request of Mr. GRASSLEY, the (Mr. BLUNT) was added as a cosponsor By Mr. BARRASSO: name of the Senator from New York of S. 264, a bill to amend the Internal S. Res. 42. An original resolution author- (Mrs. GILLIBRAND) was added as a co- Revenue Code of 1986 to allow chari- izing expenditures by the Committee on En- sponsor of S. 109, a bill to amend title table organizations to make state- vironment and Public Works; from the Com- ments relating to political campaigns mittee on Environment and Public Works; to XVIII of the Social Security Act to the Committee on Rules and Administration. provide for coverage under the Medi- if such statements are made in ordi- By Mr. ISAKSON (for himself, Mr. care program of pharmacist services. nary course of carrying out its tax ex- empt purpose. WHITEHOUSE, Mr. BOOKER, Mr. BROWN, S. 182 Mrs. CAPITO, Mr. CORNYN, and Mr. S. 272 At the request of Ms. KLOBUCHAR, the WYDEN): name of the Senator from Nevada (Ms. At the request of Mr. SCHATZ, the S. Res. 43. A resolution recognizing Janu- names of the Senator from Connecticut CORTEZ MASTO) was added as a cospon- ary 2017 as National Mentoring Month; con- (Mr. BLUMENTHAL) and the Senator sidered and agreed to. sor of S. 182, a bill to provide for the in- clusion of court-appointed guardian- from Michigan (Mr. PETERS) were f ship improvement and oversight activi- added as cosponsors of S. 272, a bill to ADDITIONAL COSPONSORS ties under the Elder Justice Act of 2009. enhance the security operations of the Transportation Security Administra- S. 208 S. 54 tion and the stability of the transpor- At the request of Mr. KING, the name At the request of Mr. BOOKER, the tation security workforce by applying of the Senator from Nevada (Mr. HELL- name of the Senator from Delaware a unified personnel system under title ER) was added as a cosponsor of S. 208, (Mr. CARPER) was added as a cosponsor 5, United States Code, to employees of a bill to amend the Internal Revenue of S. 54, a bill to prohibit the creation the Transportation Security Adminis- Code of 1986 to make the Child and De- of an immigration-related registry pro- tration who are responsible for screen- pendent Care Tax Credit fully refund- gram that classifies people on the basis ing passengers and property, and for able, and for other purposes. of religion, race, age, gender, ethnicity, other purposes. S. 212 national origin, nationality, or citizen- S. 274 ship. At the request of Mr. CORNYN, the At the request of Mrs. FEINSTEIN, the S. 56 name of the Senator from Mississippi names of the Senator from Montana At the request of Mr. SULLIVAN, the (Mr. WICKER) was added as a cosponsor (Mr. TESTER), the Senator from Indiana names of the Senator from Kentucky of S. 212, a bill to provide for the devel- (Mr. DONNELLY), the Senator from (Mr. PAUL), the Senator from Kentucky opment of a United States strategy for Florida (Mr. NELSON) and the Senator (Mr. MCCONNELL), the Senator from greater human space exploration, and from North Dakota (Ms. HEITKAMP) Utah (Mr. HATCH), the Senator from for other purposes. were added as cosponsors of S. 274, a Texas (Mr. CORNYN), the Senator from S. 224 bill to nullify the effect of the recent Louisiana (Mr. KENNEDY), the Senator At the request of Mr. RUBIO, the executive order that temporarily re- from Missouri (Mr. BLUNT), the Senator name of the Senator from Georgia (Mr. stricted individuals from certain coun- from Georgia (Mr. ISAKSON), the Sen- PERDUE) was added as a cosponsor of S. tries from entering the United States. ator from Wisconsin (Mr. JOHNSON), the 224, a bill to amend title 18, United S.J. RES. 1 Senator from South Dakota (Mr. States Code, to prohibit taking minors At the request of Mr. BOOZMAN, the ROUNDS), the Senator from Indiana across State lines in circumvention of name of the Senator from Montana (Mr. YOUNG), the Senator from Okla- laws requiring the involvement of par- (Mr. TESTER) was added as a cosponsor homa (Mr. INHOFE), the Senator from ents in abortion decisions. of S.J. Res. 1, a joint resolution ap- Montana (Mr. DAINES), the Senator S. 241 proving the location of a memorial to from Wyoming (Mr. BARRASSO), the At the request of Mrs. ERNST, the commemorate and honor the members Senator from Georgia (Mr. PERDUE), names of the Senator from Wyoming of the Armed Forces who served on ac- the Senator from Arkansas (Mr. BOOZ- (Mr. ENZI) and the Senator from Geor- tive duty in support of Operation MAN) and the Senator from North Caro- gia (Mr. PERDUE) were added as cospon- Desert Storm or Operation Desert lina (Mr. BURR) were added as cospon- sors of S. 241, a bill to prohibit Federal Shield. sors of S. 56, a bill to require each funding of Planned Parenthood Federa- S.J. RES. 5 agency to repeal or amend 2 or more tion of America. At the request of Mr. CARDIN, the rules before issuing or amending a rule. S. 244 names of the Senator from Hawaii (Ms. S. 58 At the request of Mr. LEE, the names HIRONO) and the Senator from Con- At the request of Mr. HELLER, the of the Senator from South Dakota (Mr. necticut (Mr. BLUMENTHAL) were added names of the Senator from Arizona THUNE) and the Senator from Idaho as cosponsors of S.J. Res. 5, a joint res- (Mr. FLAKE) and the Senator from Ne- (Mr. RISCH) were added as cosponsors of olution removing the deadline for the

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.021 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S657 ratification of the equal rights amend- (Mr. ENZI) was added as a cosponsor of With problems like these, we are left ment. S.J. Res. 19, a joint resolution pro- to ask: Is the Ninth Circuit simply too S.J. RES. 9 viding for congressional disapproval big to succeed? If you are an Arizonan, At the request of Mr. INHOFE, the under chapter 8 of title 5, United the answer is unquestionably yes. name of the Senator from Arkansas States Code, of the rule submitted by Arizonans deserve better, and that is (Mr. COTTON) was added as a cosponsor the Bureau of Consumer Financial Pro- why today I am introducing a bill to of S.J. Res. 9, a joint resolution pro- tection relating to prepaid accounts break up the Ninth Circuit. With the support of my colleague viding for congressional disapproval under the Electronic Fund Transfer from Arizona, JOHN MCCAIN, and the under chapter 8, of title 5, United Act and the Truth in Lending Act. support of Gov. Doug Ducey, I have in- States Code, of the rule submitted by S. CON. RES. 6 troduced the Judicial Administration the Securities and Exchange Commis- At the request of Mr. BARRASSO, the and Improvement Act. This bill would sion relating to the disclosure of pay- names of the Senator from New Mexico create a new Twelfth Circuit by mov- ments by resource extraction issuers. (Mr. HEINRICH) and the Senator from Colorado (Mr. GARDNER) were added as ing Arizona, as well as Alaska, Idaho, S.J. RES. 11 cosponsors of S. Con. Res. 6, a concur- Montana, Nevada, and Washington, out At the request of Mr. BARRASSO, the rent resolution supporting the Local of the Ninth Circuit. Doing so would name of the Senator from Idaho (Mr. Radio Freedom Act. create two smaller appellate courts RISCH) was added as a cosponsor of S.J. where one dysfunctional court stood, f Res. 11, a joint resolution providing for all the while establishing stronger congressional disapproval under chap- STATEMENTS ON INTRODUCED local, regional, and cultural ties. This ter 8 of title 5, United States Code, of BILLS AND JOINT RESOLUTIONS would help alleviate the Ninth Cir- the final rule of the Bureau of Land By Mr. FLAKE (for himself and cuit’s enormous caseload and ensure a Management relating to ‘‘Waste Pre- Mr. MCCAIN): more timely and accurate judicial vention, Production Subject to Royal- S. 276. A bill to amend title 28, process for both circuits. ties, and Resource Conservation’’. United States Code, to divide the ninth Now, importantly, the bill would also S.J. RES. 13 judicial circuit of the United States free the new circuit from the Ninth At the request of Mrs. ERNST, the into 2 circuits, and for other purposes; Circuit’s precedent. That means States names of the Senator from Wyoming to the Committee on the Judiciary. like Arizona would be able to chart (Mr. ENZI) and the Senator from Geor- Mr. FLAKE. Mr. President, one of their own legal course, consistent with gia (Mr. PERDUE) were added as cospon- the most important elements of the their local needs and traditions. sors of S.J. Res. 13, a joint resolution rule of law is the promise of swift ac- A fair and functioning judiciary is providing for congressional disapproval cess to the courts, but that promise has one of the pillars of our democracy. Ge- under chapter 8 of title 5, United been broken in my home State of Ari- ography shouldn’t limit a citizen’s ac- States Code, of the final rule submitted zona. That is because Arizona falls cess to the courts. by the Secretary of Health and Human under the jurisdiction of the U.S. Court The Judicial Administration and Im- Services relating to compliance with of Appeals for the Ninth Circuit, a cir- provement Act will right this wrong by title X requirements by project recipi- cuit that is both oversized and over- restoring faith in our judicial system ents in selecting subrecipients. worked. and securing the access to Justice that With the jurisdiction encompassing Americans deserve. S.J. RES. 14 13 districts spread across nine States At the request of Mr. GRASSLEY, the and 2 U.S. territories, the Ninth Cir- By Mr. DAINES (for himself and names of the Senator from Georgia cuit covers 1 in 5 Americans. It hears Mr. WARNER): (Mr. PERDUE), the Senator from Mon- roughly 12,000 appeals each year. The S. 278. A bill to amend the Homeland tana (Mr. DAINES) and the Senator next busiest circuit doesn’t even hear Security Act of 2002 to provide for in- from Kansas (Mr. MORAN) were added 9,000, and for the thousands of cases novative research and development, as cosponsors of S.J. Res. 14, a joint under its consideration, the average and for other purposes; to the Com- resolution providing for congressional turnaround time exceeds 15 months. mittee on Homeland Security and Gov- disapproval under chapter 8 of title 5, Now, if excessive delays weren’t bad ernmental Affairs. United States Code, of the rule sub- enough, it turns out the Ninth Circuit Mr. DAINES. Mr. President, in recent mitted by the Social Security Adminis- is overturned by the Supreme Court 77 years we have seen the inability of the tration relating to Implementation of percent of the time when the Supreme Federal Government to quickly adapt the NICS Improvement Amendments Court grants cert—77 percent of the to changing technology and emerging Act of 2007. time. That is obviously higher than threats. In June of 2015 the Office of S.J. RES. 15 any other court. So not only is the Personnel Management, OPM, was in- At the request of Ms. MURKOWSKI, the court excruciatingly slow, but in many filtrated with a major cyber breach, af- name of the Senator from North Da- instances it is simply wrong. fecting more than 22 million current kota (Mr. HOEVEN) was added as a co- The court, itself, is unusually large. and former Federal employees, includ- sponsor of S.J. Res. 15, a joint resolu- It has 29 authorized judgeships. That is ing myself. In January of 2016, another tion providing for congressional dis- 12 more than the next largest circuit. nearly half a million Americans had approval under chapter 8 of title 5, The Ninth Circuit is so big that it their social security numbers stolen United States Code, of the final rule can’t even rehear cases as a whole when the Internal Revenue Service was submitted by the Director of the Bu- body, like every other appeals court hacked. reau of Land Management relating to does. Instead, cases are reheard with I spent 28 years in the private sector, resource management planning. limited en banc; these are panels of 11 12 years with a global cloud computing judges each. That means that only one- company. We faced cyber threats daily, S.J. RES. 16 third of its judges are deciding law for and our customers expected security of At the request of Mr. WYDEN, the the entire court—only one-third. their data. We delivered, not once was name of the Senator from Hawaii (Mr. Of the States suffering under the our data compromised. Until I came to SCHATZ) was added as a cosponsor of weight of the Ninth Circuit’s crushing the Federal Government and received S.J. Res. 16, a joint resolution approv- backlog, Arizona shoulders a uniquely the letters from OPM, my data had ing the discontinuation of the process heavy burden. Per capita, Arizona has been secured too. for consideration and automatic imple- the busiest Federal docket in the cir- I know firsthand that industry has mentation of the annual proposal of cuit. That puts Arizonans at the back the talent and incentive to keep their the Independent Medicare Advisory of an already long line just to get their information systems secure. The Fed- Board under section 1899A of the Social day in court. eral Government should continue to in- Security Act. As if the deluge of cases continues to novate and utilize industries’ expertise S.J. RES. 19 fill the Ninth Circuit’s docket, the line and learn from their best practices. At the request of Mr. PERDUE, the keeps getting longer and longer if you That is why I am introducing the name of the Senator from Wyoming happen to live in Arizona. Support for Rapid Innovation Act. This

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It and prevent cybersecurity risks and inci- contents in section 1(b) of the Homeland Se- dents; curity Act of 2002 is amended by inserting will focus efforts on developing more ‘‘(9) assist the development and accelerate after the item relating to second section 319 secure information systems, tech- the deployment of information security the following new item: nologies for detecting and containing measures, in addition to perimeter-based ‘‘Sec. 321. Cybersecurity research and devel- attacks in real-time, and develop cyber protections; opment.’’. forensics to identify perpetrators. This ‘‘(10) assist the development and accelerate (b) RESEARCH AND DEVELOPMENT will be done by leveraging private sec- the deployment of technologies to detect im- PROJECTS.—Section 831 of the Homeland Se- tors’ innovation and ingenuity. proper information access by authorized curity Act of 2002 (6 U.S.C. 391) is amended— I want to thank Senator WARNER for users; (1) in subsection (a)— being an original cosponsor of this bill ‘‘(11) assist the development and accelerate (A) in the matter preceding paragraph (1), the deployment of cryptographic tech- and Representative RATCLIFFE of Texas by striking ‘‘2016’’ and inserting ‘‘2021’’; nologies to protect information at rest, in for leading introduction of companion (B) in paragraph (1), by striking the last transit, and in use; sentence; and legislation in the House of Representa- ‘‘(12) assist the development and accelerate tives. I ask my Senate colleagues to (C) by adding at the end the following new the deployment of methods to promote paragraph: join us in support of this important greater software assurance; ‘‘(3) PRIOR APPROVAL.—In any case in legislation. ‘‘(13) assist the development and accelerate which the head of a component or office of Mr. President, I ask unanimous con- the deployment of tools to securely and the Department seeks to utilize the author- sent that the text of the bill be printed automatically update software and firmware ity under this section, such head shall first in the RECORD. in use, with limited or no necessary inter- receive prior approval from the Secretary by There being no objection, the text of vention by users and limited impact on con- providing to the Secretary a proposal that the bill was ordered to be printed in currently operating systems and processes; includes the rationale for the utilization of the RECORD, as follows: and such authority, the funds to be spent on the ‘‘(14) assist in identifying and addressing S. 278 use of such authority, and the expected out- unidentified or future cybersecurity threats. Be it enacted by the Senate and House of Rep- come for each project that is the subject of ‘‘(c) COORDINATION.—In carrying out this the use of such authority. In such a case, the resentatives of the United States of America in section, the Under Secretary for Science and Congress assembled, authority for evaluating the proposal may Technology shall coordinate activities not be delegated by the Secretary to anyone SECTION 1. SHORT TITLE. with— other than the Under Secretary for Manage- This Act may be cited as the ‘‘Support for ‘‘(1) the Under Secretary appointed pursu- Rapid Innovation Act of 2017’’. ment.’’; ant to section 103(a)(1)(H); (2) in subsection (c)— SEC. 2. CYBERSECURITY RESEARCH AND DEVEL- ‘‘(2) the heads of other relevant Federal de- (A) in paragraph (1), in the matter pre- OPMENT PROJECTS. partments and agencies, as appropriate; and (a) CYBERSECURITY RESEARCH AND DEVEL- ceding subparagraph (A), by striking ‘‘2016’’ ‘‘(3) industry and academia. OPMENT.— and inserting ‘‘2021’’; and ‘‘(d) TRANSITION TO PRACTICE.—The Under (1) IN GENERAL.—Title III of the Homeland (B) by amending paragraph (2) to read as Security Act of 2002 (6 U.S.C. 181 et seq.) is Secretary for Science and Technology shall follows: amended by adding at the end the following support projects carried out under this title ‘‘(2) REPORT.—The Secretary shall annu- new section: through the full life cycle of such projects, ally submit to the Committee on Homeland including research, development, testing, ‘‘SEC. 321. CYBERSECURITY RESEARCH AND DE- Security and the Committee on Science, VELOPMENT. evaluation, pilots, and transitions. The Space, and Technology of the House of Rep- ‘‘(a) IN GENERAL.—The Under Secretary for Under Secretary shall identify mature tech- resentatives and the Committee on Home- Science and Technology shall support the re- nologies that address existing or imminent land Security and Governmental Affairs of search, development, testing, evaluation, cybersecurity gaps in public or private infor- the Senate a report detailing the projects for and transition of cybersecurity technologies, mation systems and networks of information which the authority granted by subsection including fundamental research to improve systems, protect sensitive information with- (a) was utilized, the rationale for such utili- the sharing of information, information se- in and outside networks of information sys- zations, the funds spent utilizing such au- curity, analytics, and methodologies related tems, identify and support necessary im- thority, the extent of cost-sharing for such to cybersecurity risks and incidents, con- provements identified during pilot programs projects among Federal and non-Federal sistent with current law. and testing and evaluation activities, and in- sources, the extent to which utilization of ‘‘(b) ACTIVITIES.—The research and devel- troduce new cybersecurity technologies such authority has addressed a homeland se- opment supported under subsection (a) shall throughout the homeland security enterprise curity capability gap or threat to the home- serve the components of the Department and through partnerships and commercialization. land identified by the Department, the total shall— The Under Secretary shall target Federally amount of payments, if any, that were re- ‘‘(1) advance the development and accel- funded cybersecurity research that dem- ceived by the Federal Government as a re- erate the deployment of more secure infor- onstrates a high probability of successful sult of the utilization of such authority dur- mation systems; transition to the commercial market within ing the period covered by each such report, ‘‘(2) improve and create technologies for two years and that is expected to have a no- the outcome of each project for which such detecting and preventing attacks or intru- table impact on the public or private infor- authority was utilized, and the results of any sions, including real-time continuous mation systems and networks of information audits of such projects.’’; and diagnostics, real-time analytic technologies, systems. (3) by adding at the end the following new and full lifecycle information protection; ‘‘(e) DEFINITIONS.—In this section: subsection: ‘‘(3) improve and create mitigation and re- ‘‘(1) CYBERSECURITY RISK.—The term ‘cy- ‘‘(e) TRAINING.—The Secretary shall de- covery methodologies, including techniques bersecurity risk’ has the meaning given such velop a training program for acquisitions and policies for real-time containment of at- term in section 227. staff on the utilization of the authority pro- tacks, and development of resilient networks ‘‘(2) HOMELAND SECURITY ENTERPRISE.—The vided under subsection (a) to ensure account- and information systems; term ‘homeland security enterprise’ means ability and effective management of projects ‘‘(4) support, in coordination with non-Fed- relevant governmental and nongovernmental consistent with the Program Management eral entities, the review of source code that entities involved in homeland security, in- Improvement Accountability Act (Public underpins critical infrastructure informa- cluding Federal, State, local, and tribal gov- Law 114–264) and the amendments made by tion systems; ernment officials, private sector representa- such Act.’’. ‘‘(5) assist the development and support in- tives, academics, and other policy experts. (c) NO ADDITIONAL FUNDS AUTHORIZED.—No frastructure and tools to support cybersecu- ‘‘(3) INCIDENT.—The term ‘incident’ has the additional funds are authorized to carry out rity research and development efforts, in- meaning given such term in section 227. the requirements of this Act and the amend- cluding modeling, testbeds, and data sets for ‘‘(4) INFORMATION SYSTEM.—The term ‘in- ments made by this Act. Such requirements assessment of new cybersecurity tech- formation system’ has the meaning given shall be carried out using amounts otherwise nologies; such term in section 3502(8) of title 44, authorized. ‘‘(6) assist the development and support of United States Code. technologies to reduce vulnerabilities in in- ‘‘(5) SOFTWARE ASSURANCE.—The term ‘soft- By Mr. DAINES (for himself, Mr. dustrial control systems; ware assurance’ means confidence that soft- LANKFORD, Mr. BLUNT, and Mr. ‘‘(7) assist the development and support ware— HATCH): cyber forensics and attack attribution capa- ‘‘(A) is free from vulnerabilities, either in- S. 288. A bill to require notice and bilities; tentionally designed into the software or ac- comment for certain interpretative

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Yet, tives pass the Childhood Cancer STAR the RECORD, as follows: more work remains. The STAR Act Act as one of its last acts of the 114th S. 288 seeks to advance pediatric cancer re- Congress by a unanimous vote. While, Be it enacted by the Senate and House of Rep- search and child-focused cancer treat- the Senate was unable to follow suit as resentatives of the United States of America in ments, while also improving childhood time ran out at the end of the year, Congress assembled, cancer surveillance and providing re- HELP Committee Chairman ALEX- SECTION 1. SHORT TITLE. sources for survivors and those im- ANDER and Ranking Member MURRAY This Act may be cited as the ‘‘Regulatory pacted by childhood cancer. have committed to working with Sen- Predictability for Business Growth Act of If a treatment is working, doctors ator CAPITO and me to move the legis- 2017’’. elsewhere should know immediately. lation this year. SEC. 2. REQUIRING NOTICE AND COMMENT FOR The same should happen if a treatment CERTAIN INTERPRETATIVE RULES. The Childhood Cancer STAR Act has Subchapter II of chapter 5 of title 5, United isn’t working, or if other major med- the support of the American Cancer So- States Code, is amended— ical events occur during the course of a ciety Cancer Action Network, St. (1) in section 551— particular treatment. It is critical that Baldrick’s Foundation, and Children’s (A) in paragraph (13), by striking ‘‘and’’ at doctors, nurses, and other providers are Oncology Group, among others. I look the end; able to effectively communicate infor- forward to our continued work with (B) in paragraph (14), by striking the pe- mation about the disease, the treat- these stakeholders to build support for riod at the end and inserting a semicolon; ment process, and what other health the bill and with the HELP Committee and and development impacts children can (C) by adding at the end the following: to see this bill advance through the ‘‘(15) ‘longstanding interpretative rule’ expect to experience with a particular legislative process. means an interpretative rule that has been course of treatment. f in effect for not less than 1 year; and As such, the STAR Act would reau- ‘‘(16) ‘revise’ means, with respect to an in- thorize the Caroline Pryce Walker Con- SUBMITTED RESOLUTIONS terpretative rule, altering or otherwise quer Childhood Cancer Act, creating a changing any provision of a longstanding in- comprehensive children’s cancer bio- terpretative rule that conflicts, or is in any SENATE RESOLUTION 42—AUTHOR- repository for researchers to use in IZING EXPENDITURES BY THE way inconsistent with, any provision in a searching for biospecimens to study subsequently promulgated interpretative COMMITTEE ON ENVIRONMENT rule.’’; and and would improve surveillance of AND PUBLIC WORKS childhood cancer cases. (2) in section 553— Mr. BARRASSO submitted the fol- (A) in subsection (b)(A), by striking ‘‘inter- This legislation also includes provi- pretative rules’’ and inserting ‘‘an interpre- sions dealing with issues that arise for lowing resolution; from the Committee tative rule of an agency, unless the interpre- survivors of childhood cancer. Unfortu- on Environment and Public Works; tative rule revises a longstanding interpreta- nately, even after beating cancer, as which was referred to the Committee tive rule of the agency’’; and many as two-thirds of childhood cancer on Rules and Administration: (B) in subsection (d)(2), by striking ‘‘inter- survivors are likely to experience at S. RES. 42 pretative rules’’ and inserting ‘‘an interpre- least one late effect of treatment; as Resolved, tative rule of an agency, unless the interpre- tative rule revises a longstanding interpreta- many as one-fourth experience a late SECTION 1. GENERAL AUTHORITY. tive rule of the agency,’’. effect that is serious or life-threat- In carrying out its powers, duties, and ening, including second cancers and functions under the Standing Rules of the By Mr. REED (for himself, Mrs. organ damage. Senate, in accordance with its jurisdiction under rule XXV of the Standing Rules of the CAPITO, Mr. VAN HOLLEN, and We must do more to ensure that chil- Senate, including holding hearings, report- Mr. ISAKSON): dren survive cancer and any late ef- ing such hearings, and making investiga- S. 292. A bill to maximize discovery, fects so they can live a long, healthy, tions as authorized by paragraphs 1 and 8 of and accelerate development and avail- and productive life. This legislation rule XXVI of the Standing Rules of the Sen- ability, of promising childhood cancer would enhance research on the late ef- ate, the Committee on Environment and treatments, and for other purposes; to fects of childhood cancers, improve col- Public Works (in this resolution referred to the Committee on Health, Education, laboration among providers so that as the ‘‘committee’’) is authorized from Labor, and Pensions. doctors are better able to care for this March 1, 2017 through February 28, 2019, in Mr. REED. Mr. President, I am population as they age, and establish a its discretion, to— (1) make expenditures from the contingent pleased to be joined by Senators CAP- new pilot program to begin to explore fund of the Senate; ITO, VAN HOLLEN, and ISAKSON in the improved models of care for childhood (2) employ personnel; and introduction of the Childhood Cancer cancer survivors. (3) with the prior consent of the Govern- Survivorship, Treatment, Access, and Lastly, this bill would ensure more ment department or agency concerned and Research, STAR, Act of 2017. This leg- pediatric expertise at the National In- the Committee on Rules and Administration, islation is an extension of ongoing bi- stitutes of Health to better leverage use on a reimbursable or nonreimbursable partisan efforts in the Senate over the the research investment to improve pe- basis the services of personnel of any such past decade to get us closer to the goal diatric cancer research by requiring department or agency. of hopefully one day curing cancers in the inclusion of at least one pediatric SEC. 2. EXPENSES. children, adolescents, and young oncologist on the National Cancer Ad- (a) EXPENSES FOR PERIOD ENDING SEP- TEMBER 30, 2017.—The expenses of the com- adults. Representatives MCCAUL, visory Board and improving childhood mittee for the period March 1, 2017 through SPEIER, KELLY, and BUTTERFIELD are health reporting requirements to in- September 30, 2017 under this resolution introducing the companion legislation clude pediatric cancer. shall not exceed $3,060,871, of which in the other body. Last year, Senator CAPITO and I were amount— I first started working on this issue able to get a provision of this bill in- (1) not to exceed $4,666 may be expended for after meeting the Haight family from cluded in the 21st Century CURES Act, the procurement of the services of individual Warwick, Rhode Island in June of 2004. which was signed into law at the end of consultants, or organizations thereof (as au- Nancy and Vincent lost their son, Ben, the year. That provision will provide thorized by section 202(i) of the Legislative some clarity for patients and their Reorganization Act of 1946 (2 U.S.C. 4301(i))); when he was just nine years old to neu- and roblastoma, a very aggressive tumor in physicians attempting to access new (2) not to exceed $1,166 may be expended for the brain. drugs and therapies from pharma- the training of the professional staff of the With the strong support of families ceutical companies. When a patient has committee (under procedures specified by like the Haights for increased research run out of other options, the last thing section 202(j) of that Act).

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(b) EXPENSES FOR FISCAL YEAR 2018 PE- S. RES. 43 Resolved, That the Senate— RIOD.—The expenses of the committee for the Whereas, in 2002, the Harvard T.H. Chan (1) recognizes January 2017 as National period October 1, 2017 through September 30, School of Public Health and MENTOR: the Mentoring Month; 2018 under this resolution shall not exceed National Mentoring Partnership established (2) recognizes the caring adults who— $5,247,208, of which amount— National Mentoring Month; (A) serve as staff and volunteers at quality (1) not to exceed $8,000 may be expended for Whereas 2017 is the 15th anniversary of Na- mentoring programs; and the procurement of the services of individual tional Mentoring Month; (B) help the young people of the United consultants, or organizations thereof (as au- Whereas the goals of National Mentoring States find inner strength and reach their thorized by section 202(i) of the Legislative Month are— full potential; Reorganization Act of 1946 (2 U.S.C. 4301(i))); (1) to raise awareness of mentoring; (3) acknowledges that mentoring is bene- and (2) to recruit individuals to mentor; and ficial because mentoring encourages edu- (2) not to exceed $2,000 may be expended for (3) to encourage organizations to engage cational achievement and self-confidence, re- the training of the professional staff of the and integrate quality in mentoring into the duces juvenile delinquency, improves life committee (under procedures specified by efforts of the organizations; outcomes, and strengthens communities; section 202(j) of that Act). Whereas young people across the United (4) promotes the establishment and expan- (c) EXPENSES FOR PERIOD ENDING FEBRUARY States make everyday choices that lead to sion of quality mentoring programs across 28, 2019.—The expenses of the committee for the big decisions in life without the guidance the United States to equip young people with the period October 1, 2018 through February and support on which many other people the tools needed to lead healthy and produc- 28, 2019 under this resolution shall not exceed rely; tive lives; and $2,186,337, of which amount— Whereas a mentor is a caring, consistent (5) supports initiatives to close the ‘‘men- (1) not to exceed $3,334 may be expended for presence who devotes time to a young person toring gap’’ that exists for the many young the procurement of the services of individual to help that young person— people in the United States who do not have consultants, or organizations thereof (as au- (1) discover personal strength; and meaningful connections with adults outside thorized by section 202(i) of the Legislative (2) achieve the potential of that young per- their homes. Reorganization Act of 1946 (2 U.S.C. 4301(i))); son through a structured and trusting rela- f and tionship; (2) not to exceed $834 may be expended for Whereas quality mentoring— AMENDMENTS SUBMITTED AND the training of the professional staff of the (1) encourages positive choices; PROPOSED committee (under procedures specified by (2) promotes self-esteem; SA 190. Mr. CRAPO (for Mr. CRUZ (for him- section 202(j) of that Act). (3) supports academic achievement; and self and Mr. NELSON)) proposed an amend- SEC. 3. REPORTING LEGISLATION. (4) introduces young people to new ideas; ment to the resolution S. Res. 27, honoring The committee shall report its findings, Whereas mentoring programs have shown the life and achievements of Eugene A. together with such recommendations for leg- to be effective in combating school violence ‘‘Gene’’ Cernan. islation as it deems advisable, to the Senate and discipline problems, substance abuse, in- at the earliest practicable date, but not later carceration, and truancy; f than February 28, 2019. Whereas research shows that young people SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. who were at risk for not completing high TEXT OF AMENDMENTS (a) EXPENSES OF THE COMMITTEE.— school but who had a mentor were, as com- SA 190. Mr. CRAPO (for Mr. CRUZ (for (1) IN GENERAL.—Except as provided in pared with similarly situated young people himself and Mr. NELSON)) proposed an paragraph (2), expenses of the committee without a mentor— amendment to the resolution S. Res. under this resolution shall be paid from the (1) 55 percent more likely to be enrolled in contingent fund of the Senate upon vouchers college; 27, honoring the life and achievements approved by the chairman of the committee. (2) 81 percent more likely to report partici- of Eugene A. ‘‘Gene’’ Cernan; as fol- (2) VOUCHERS NOT REQUIRED.—Vouchers pating regularly in sports or extracurricular lows: shall not be required for— activities; In the 12th whereas clause of the preamble, (A) the disbursement of salaries of employ- (3) more than twice as likely to say they strike ‘‘2016’’ and insert ‘‘2017’’. ees paid at an annual rate; held a leadership position in a club or sports f (B) the payment of telecommunications team; and provided by the Office of the Sergeant at (4) 78 percent more likely to pay it forward PRIVILEGES OF THE FLOOR Arms and Doorkeeper; by volunteering regularly in their commu- (C) the payment of stationery supplies pur- nities; Mr. MERKLEY. Mr. President, I ask chased through the Keeper of the Stationery; Whereas 90 percent of young people who unanimous consent that my team (D) payments to the Postmaster of the were at risk for not completing high school member, Patrick Drupp, be granted Senate; but who had a mentor said they are now in- privileges of the floor. (E) the payment of metered charges on terested in becoming mentors themselves; The PRESIDING OFFICER. Without copying equipment provided by the Office of Whereas mentoring can play a role in help- objection, it is so ordered. the Sergeant at Arms and Doorkeeper; ing young people attend school regularly, as (F) the payment of Senate Recording and research shows that students who meet regu- f Photographic Services; or larly with a mentor are, as compared with HONORING THE LIFE AND (G) the payment of franked and mass mail the peers of those students— costs by the Sergeant at Arms and Door- (1) 52 percent less likely to skip a full day ACHIEVEMENTS OF EUGENE A. keeper. of school; and ‘‘GENE’’ CERNAN (b) AGENCY CONTRIBUTIONS.—There are au- (2) 37 percent less likely to skip a class; Mr. CRAPO. Mr. President, I ask thorized to be paid from the appropriations Whereas youth development experts agree unanimous consent that the Judiciary account for ‘‘Expenses of Inquiries and Inves- that mentoring encourages smart daily be- Committee be discharged from further tigations’’ of the Senate such sums as may haviors, such as finishing homework, having be necessary for agency contributions re- healthy social interactions, and saying no consideration of and the Senate now lated to the compensation of employees of when it counts, that have a noticeable influ- proceed to the consideration of S. Res. the committee— ence on the growth and success of a young 27. (1) for the period March 1, 2017 through person; The PRESIDING OFFICER. Without September 30, 2017; Whereas mentors help young people set ca- objection, it is so ordered. (2) for the period October 1, 2017 through reer goals and use the personal contacts of The clerk will report the resolution September 30, 2018; and the mentors to help young people meet in- by title. (3) for the period October 1, 2018 through dustry professionals and train for and find The bill clerk read as follows: February 28, 2019. jobs; f Whereas all of the described benefits of A resolution (S. Res. 27) honoring the life mentors serve to link youth to economic and and achievements of Eugene A. ‘‘Gene’’ SENATE RESOLUTION 43—RECOG- social opportunity while also strengthening Cernan. NIZING JANUARY 2017 AS NA- the fiber of communities in the United There being no objection, the Senate TIONAL MENTORING MONTH States; and proceeded to consider the resolution. Mr. ISAKSON (for himself, Mr. Whereas, despite the described benefits, Mr. CRAPO. Mr. President, I ask 9,000,000 young people in the United States WHITEHOUSE, Mr. BOOKER, Mr. BROWN, unanimous consent that the resolution feel isolated from meaningful connections Mrs. CAPITO, Mr. CORNYN, and Mr. with adults outside their homes, consti- be agreed to; that the Cruz amendment WYDEN) submitted the following reso- tuting a ‘‘mentoring gap’’ that demonstrates to the preamble be agreed to; that the lution; which was considered and a need for collaboration and resources: Now, preamble, as amended, be agreed to; agreed to: therefore, be it and that the motions to reconsider be

VerDate Sep 11 2014 05:33 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.032 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 2, 2017 CONGRESSIONAL RECORD — SENATE S661 considered made and laid upon the Whereas Gene Cernan logged 566 hours and The PRESIDING OFFICER. Without table. 15 minutes in space, of which more than 73 objection, it is so ordered. The PRESIDING OFFICER. Without hours were spent on the surface of the Moon; The resolution (S. Res. 43) was agreed objection, it is so ordered. Whereas Gene Cernan and the crew of to. Apollo 17 set records that still stand today, The resolution (S. Res. 27) was agreed for longest manned lunar landing flight, The preamble was agreed to. to. longest lunar surface extra vehicular activi- (The resolution, with its preamble, is The amendment (No. 190) was agreed ties, largest lunar sample return, and longest printed in today’s RECORD under ‘‘Sub- to, as follows: time in lunar orbit; mitted Resolutions.’’) Whereas Gene Cernan retired from the (Purpose: To amend the preamble) f Navy after 20 years and ended his NASA ca- In the 12th whereas clause of the preamble, reer in July 1976; and strike ‘‘2016’’ and insert ‘‘2017’’. ORDERS FOR FRIDAY, FEBRUARY Whereas, on January 16, 2017, Gene Cernan 3, 2017 The preamble, as amended, was passed away in Houston, Texas, leaving be- agreed to. hind a vibrant history of space exploration Mr. CRAPO. Mr. President, I ask The resolution, with its preamble, as and advocacy for NASA, a legacy of inspiring unanimous consent that when the Sen- amended, reads as follows: young people to ‘‘dream the impossible’’, and ate completes its business today, it ad- a documentary that encourages continual S. RES. 27 journ until 6:30 a.m., Friday, February human space exploration: Now, therefore, be 3; that following the prayer and pledge, Whereas Gene Cernan was born on March it the morning hour be deemed expired, 14, 1934, in Chicago, Illinois, was raised in the Resolved, That the Senate honors the life of suburban towns of Bellwood and Maywood, Gene Cernan, a Naval aviator, fighter pilot, the Journal of proceedings be approved and graduated from Proviso Township High electrical engineer, and the last astronaut to to date, and the time for the two lead- School; walk on the Moon. ers be reserved for their use later in Whereas Gene Cernan began his career as a f the day; further, that following leader basic flight trainee in the United States remarks, the Senate resume consider- Navy; NATIONAL MENTORING MONTH ation of H.J. Res. 41, with no debate Whereas Gene Cernan was one of fourteen Mr. CRAPO. Mr. President, I ask time remaining; finally, that following astronauts selected by NASA in October 1963 to participate in the Gemini and Apollo pro- unanimous consent that the Senate the disposition of H.J. Res. 41, the Sen- grams; proceed to the consideration of S. Res. ate vote on the motion to invoke clo- Whereas Gene Cernan was the second 43, submitted earlier today. ture on the DeVos nomination, rule American to have walked in space having The PRESIDING OFFICER. The XXII notwithstanding. spanned the circumference of the world twice clerk will report the resolution by The PRESIDING OFFICER. Without in a little more than 21⁄2 hours in 1966 during title. objection, it is so ordered. the Gemini 9 mission; The bill clerk read as follows: Whereas Gene Cernan served as the lunar f A resolution (S. Res. 43) recognizing Janu- module pilot for Apollo 10 in 1969, which was ADJOURNMENT UNTIL 6:30 A.M. referred to as the ‘‘dress rehearsal’’ for Apol- ary 2017 as National Mentoring Month. lo 11’s historic landing on the Moon; There being no objection, the Senate TOMORROW Whereas Gene Cernan was commander of proceeded to consider the resolution. Mr. CRAPO. Mr. President, if there is Apollo 17 in 1972, during the last human mis- Mr. CRAPO. Mr. President, I ask no further business to come before the sion to the Moon; unanimous consent that the resolution Senate, I ask unanimous consent that Whereas Gene Cernan maintains the dis- be agreed to, the preamble be agreed it stand adjourned under the previous tinction of being the last man to have left his footprints on the surface of the Moon; to, and the motions to reconsider be order. Whereas Gene Cernan was one of the three considered made and laid upon the There being no objection, the Senate, men to have flown to the Moon on two occa- table with no intervening action or de- at 8:06 p.m., adjourned until Friday, sions; bate. February 3, 2017, at 6:30 a.m.

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100TH BIRTHDAY OF DOLORES was promoted to Brigadier General and as- Mr. Speaker, I am grateful for Mayor Park- BELLUCCI CONTES signed as the first chief of staff of the newly er’s contributions to our community, and I am established U.S. Army Health Services Com- optimistic that her spirit will continue to live on HON. DANIEL M. DONOVAN, JR. mand, which assumed operation control of in the hearts of those who she served. OF NEW YORK most Army medical personnel for the Western f hemisphere. In 1975, he was promoted to IN THE HOUSE OF REPRESENTATIVES CONGRATULATING CAPTAIN BILL Major General and assumed Command of the PFISTER ON HIS RETIREMENT Thursday, February 2, 2017 U.S. Army Medical Command, Europe in Ger- Mr. DONOVAN. Mr. Speaker, I rise today to many. Before he retired in 1980 after serving recognize the 100th Birthday of Brooklyn’s Do- 35 illustrious years in the Army, MG McCabe HON. BRADLEY BYRNE lores Bellucci Contes. served as Commander of the U.S. Army OF ALABAMA Dolores was born on February 19, 1917, Health Services Command where he com- IN THE HOUSE OF REPRESENTATIVES and has been a resident of Bay Ridge, Brook- manded over 49,000 personnel and over 80 Thursday, February 2, 2017 lyn for over 80 years. In fact, she has lived at direct reporting subordinate commands. Mr. BYRNE. Mr. Speaker, I rise today to the same address since 1950. In 1951, after MG McCabe or ‘‘Pard’’ as he was known by congratulate Captain William ‘‘Bill’’ Pfister on her husband’s sudden death, she was wid- those close, was a loving husband, father, his retirement and honor him for his over fifty owed at the age of 33. Despite her grief, she grandfather and great-grandfather who loved years of service to our country as a member demonstrated strength and temerity by becom- spending time with his family. I am grateful to of the U.S. Navy and a key leader in our na- ing a working mother in order to support her have known MG McCabe and am thankful for tion’s shipbuilding industry. children. Dolores got remarried in 1961 to her his loyal patriotism and selfless service to his Bill Pfister graduated from the United States late husband, George Contes, with whom she country. MG McCabe will be dearly missed by Naval Academy in 1962, and he went on to spent 50 joyous years. his family and friends and the Country sends serve in the Navy for 27 years. Among his I cannot emphasize enough Dolores’ deter- its greatest gratitude for his time to the U.S. many honors, he is a recipient of the U.S. mination and wisdom. She owned a local Army. Navy Legion of Merit Award and several Meri- small business, ‘‘Nail Elegance,’’ for many f torious Service Medals. He retired from the years. Moreover, the fact that she worked until Navy in 1989 and continued to support the the age of 91 is simply astounding. It takes a HONORING THE LIFE OF THE Navy through his work on various shipbuilding special kind of person to have the kind of HONORABLE LIZETTE PARKER projects. dedication and work ethic that Dolores has He was ‘‘employee negative one’’ for Austal had her entire life. HON. JOSH GOTTHEIMER USA and helped select the Mobile, Alabama Mr. Speaker, I wish Dolores Bellucci Contes OF NEW JERSEY site. During his years at Austal, he has over- a very happy 100th birthday. Simply put, peo- IN THE HOUSE OF REPRESENTATIVES seen the impressive construction and expan- ple like Dolores are what make Brooklyn sion of a first-class shipbuilding operation. To Thursday, February 2, 2017 great. She has truly lived a life worth living, put it simply: Bill took a green field and built and I am honored to represent her in Con- Mr. GOTTHEIMER. Mr. Speaker, I rise it into the Austal of today. gress. today to honor the life and legacy of the Hon- Austal USA is now the largest private sector f orable Lizette Parker—a fearless community employer in Alabama’s First Congressional leader and a devoted public servant. She is District, employing over 4,000 people. Much of HONORING THE PASSING OF greatly missed by the people of Teaneck, New the success and growth at Austal is because MCCABE, MARSHALL EDWARD, Jersey, who benefitted immeasurably from her of Bill Pfister’s hard work, vision, dedication, MD, MG, U.S. ARMY (RETIRED) involvement in the community and dedication and leadership. as their mayor and people across Bergen Bill has also taken an active role in our local HON. ROBERT J. WITTMAN County and the state whose lives she im- community through involvement in civic clubs OF VIRGINIA proved. and organizations including the Partners for Environmental Progress, the local Navy IN THE HOUSE OF REPRESENTATIVES Mayor Parker was committed to a life of service to those around her. She began her League chapter, Mobile Baykeeper, Propeller Thursday, February 2, 2017 career as a social worker, and she eventually Club, and the Military Officers Association of Mr. WITTMAN. Mr. Speaker, I rise today to earned seats on the Bergen County Board of America. Like a true sailor, Bill also enjoys honor the passing of Marshall Edward, MD, Social Services and the Teaneck Town Coun- spending time boating on Mobile Bay. MG, U.S. Army (Retired). MG McCabe passed cil. In these roles, she established herself as Mr. Speaker, Bill Pfister has poured his peacefully at his home in Richmond, VA on a force for economic and social justice, tack- heart and soul into the success of Austal USA January 29, 2017 at the remarkable age of 93. ling issues pertinent to families and youth and the overall mission of the United States He is survived by his wife of 70 years, Alice such as poverty, housing, health care, and re- Navy. So, on behalf of Alabama’s First Con- Keshian McCabe, and their three children, spect and appreciation for diversity. In July of gressional District, I wish Bill and his wife, Malanie McCabe, Dr. Marshal E. McCabe and 2014, she became the first African-American Sally, all the best upon his retirement. Our na- Allison McCabe O’Brien, their grandchildren, to serve as Mayor of Teaneck—a watershed tion will be forever grateful for his service and Kathryn O’Brien Holder, Gregory Boehling accomplishment for the community. As a tena- sacrifice. O’Brien, their great grandchildren, Taylor Alice cious advocate for the people of Bergen f Holder, Cooper Ian and Callan Edward Cox, County, Mayor Parker earned recognition from TRIBUTE TO HONOR RAYMOND and Baby O’Brien arriving in 2017. the Girl Scouts of America, the NAACP, and LAWRENCE SULLIVAN, JR., M.D. MG McCabe was a highly decorated Army the Urban League, among other impressive ON THE OCCASION OF HIS RE- Doctor who was first called to active duty in honors. TIREMENT 1948 at the 97th General Hospital in occupied Mayor Parker’s passion and leadership in- Germany. In 1953, he applied for and was spired residents young and old, and her life tendered a Regular Army commission where left a lasting impact on the Teaneck commu- HON. ANNA G. ESHOO OF CALIFORNIA he completed his residency in Internal Medi- nity. I am grateful that the scholarship program IN THE HOUSE OF REPRESENTATIVES cine at Walter Reed General Hospital. In she established will be continued in her name 1964, he was assigned as Chief Medical Con- by her family—a fitting testament to her admi- Thursday, February 2, 2017 sultant in the office of the Surgeon General rable efforts to improve the lives of young peo- Ms. ESHOO. Mr. Speaker, Raymond Law- U.S. Army (OTSG) Washington. In 1972, he ple in Bergen County. rence Sullivan, Jr., was born in San Francisco

∑ 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 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.001 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E130 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2017 on October 4, 1942. He was the second of six Mr. Barlow, a Democrat, represented the HONORING VALERIE SALMONS ON children and grew up in San Francisco and citizens of Kentucky’s 1st Congressional Dis- 35 YEARS OF SERVICE TO THE Hillsborough. He has three living siblings, Phil- trict from January 3, 1993, until January 3, VILLAGE OF BARTLETT lip Sullivan, Mary Sullivan Ward and Mother 1995. He was not a typical politician. In 1992, Agnes of the Cross, CJM. he defeated a nine-term incumbent in what HON. PETER J. ROSKAM Larry was educated at St. Catherine’s was one of the country’s biggest upsets of that OF ILLINOIS Grammar School in Burlingame, Bellarmine political cycle. He was outspent in that cam- IN THE HOUSE OF REPRESENTATIVES College Prep in San Jose, the University of paign by more than 4 to 1 and won because Thursday, February 2, 2017 San Francisco, and the UCSF Medical School. of his hard work and downhome, face-to-face He did his residency in Anesthesiology at Mr. ROSKAM. Mr. Speaker, I rise today to campaign style. He narrowly lost his reelection Stanford, and served our country in the U.S. honor a distinguished public servant from the bid in the Republican wave of 1994. Navy Medical Corps from 1968 to 1970. Illinois’s 6th Congressional District. Valerie Larry married Victoria Growney on August Mr. Barlow was a tremendous public servant Salmons has dedicated many years to her 13, 1966. Together they have raised three who had a positive impact on thousands of community, including 35 years with the Village magnificent children: Larry Sullivan III; Kasey people. He was dedicated to making lives bet- of Bartlett. Valerie’s service is not limited to Sullivan Bradstreet, JD; Loretta Sullivan ter but never sought fame or glory. He got sat- Bartlett, as she has made many positive im- Chang, MD; Brian Sullivan; and Jason Lally, isfaction out of having his voice heard and in- pacts throughout the greater Chicago area. In 1982, Valerie was hired by the Village of their foster child who is part of their extended fluencing public policy. family. Their four grandchildren, Liam, Andrew Bartlett as their first full-time Village Adminis- He was born in Washington, D.C., but his and Thomas Chang, and Oscar Bradstreet trator. Since then, the Village’s population has bring them untold joy. family roots ran deep in Ballard County, Ky., grown three fold and is now considered home Dr. Sullivan joined the medical staff of where his ancestor and name sake, Thomas by more than 30,000 people. The Village’s O’Connor Hospital as an anesthesiologist in Jefferson Barlow, was an original settler in the growth did not stop there. Along with an in- 1975 and has served there until his retirement. town of Barlow. He grew up in Chevy Chase, creasing population, the Village has doubled From 1982 to 1988 he served as Clinical As- Maryland and graduated from Sidwell Friends its size from eight to almost sixteen square sistant Professor of Anesthesia at Stanford School in Washington, D.C. He received a de- miles. She has been an asset to numerous University School of Medicine. At O’Connor gree in history from Haverford College near presidents, managers, and board members, Hospital he was Anesthesia Department Chair, Philadelphia, Pennsylvania. who have been a part of Bartlett Village Hall. a member of the Critical Care Committee, Current Village President Kevin Wallace noted In his political career and private life, he Valerie’s leadership was ‘‘very comforting’’ President of the Medical Staff, Member of the worked tirelessly to help the less fortunate, saying, ‘‘She has been a wonderful Village Ad- Hospital’s Board of Directors, and Chair of the create jobs, improve the environment and im- ministrator, and the proof is in the way the Vil- Medical Staff Advisory Committee. He was prove education. His professional career in- lage operates’’. honored in 2011 with the Vincentian Spirit cluded work in state government, as a busi- While working full time to serve her commu- Award given by O’Connor Hospital. ness executive, a banker and as a consultant nity, Valerie fostered economic development Dr. Sullivan has given generously of his for the Natural Resources Council from 1972 and broadened Bartlett’s commercial tax base. time and talents to his professional community She has helped lead the municipal staff with as a member of the Santa Clara County Med- until 1983 when he returned to his family roots in western Kentucky. major changes to the downtown, and was a ical Association, the American Medical Asso- major force behind the many successful com- ciation, The California Society of Anesthesiol- Although he lost his reelection bid in 1994, mercial projects, such as the Brewster Creek ogists, the American Society of Anesthesiol- he was not discouraged and continued to Business Park, Bluff City Industrial Park and ogists (CSA) and the California Medical Asso- make his voice heard by running additional Blue Heron Business Park. She also played ciation. From 1997 to 2006 he served on a races for the House and the U.S. Senate. In an essential role in the development of parks, Specialty Delegation to the CMA House of fact, Mr. Speaker, he used the same vehicle playgrounds, athletic fields and bike paths, Delegates and received the Distinguished in all of his campaigns and its speedometer while always practicing careful fiscal manage- Service Award from the CSA in 2009. topped 400,000 miles when it finally wore out ment. Larry served as a referee and coach of the after 13 years. He was always outspoken and In addition to her work for Bartlett, Valerie American Youth Soccer Association in Palo stood up for that he felt was right, even if it was the first woman appointed to the Illinois Alto, and was Scoutmaster of Troop 57, Stan- was in opposition to the views of his political Law Enforcement Training and Standards ford Area Council, where he guided 35 Scouts party. Board in 1990. Former Gov. Jim Thompson to Eagle Scout rank. initially named Valerie, and five Illinois gov- Mr. Speaker, I ask my colleagues to join me He lived with his wife of 28 years, Shirley ernors have reappointed her since. She was in honoring an extraordinary physician, a de- Pippin Barlow, in Paducah, Kentucky, where also the first woman elected to serve as the voted son, husband, father, grandfather, vital he was a former director of the River City Mis- board’s chairwoman. member of our community, and a treasured sion, which helped homeless get on their feet, Through hard work and no small amount of personal friend. Larry Sullivan is a man of in- and the Lone Oak Kiwanis Club. He also was perseverance, Valerie has helped countless tegrity and he lives a life instructed by his an active member of Grace United Methodist people and tremendously improved her com- faith. I have never met a finer human being or Church in La Center, Kentucky. munity. Distinguished Members, please join a finer family. How proud I am to call them my In addition to his wife, he is survived by a me in congratulating Valerie on 35 years of friends and to have the privilege of rep- daughter, Allison Barlow Ochshorn of New service and wish her well in retirement. resenting them. I ask the entire House of Rep- York; a son, Thomas J. Barlow IV of Michigan; f resentatives to join me in wishing my dear grandchildren, Nora Barlow and Rose Barlow friend Larry, a great and good man, and his IN RECOGNITION OF ANGELA who live in England, Tessa Ochshorn and devoted wife Vicky, every blessing that retire- PLOWMAN’S 30 YEARS OF PUBLIC Sarah Ochshorn both of New York; a sister, ment has to offer. SERVICE Henrietta Friedholm of Michigan; a brother, f William Barlow of Colorado; step-children, HON. BARBARA COMSTOCK HONORING CONGRESSMAN Gerri Clark of Paducah, Elaine Duke of Ten- OF VIRGINIA THOMAS JEFFERSON BARLOW III nessee, Edward Yancy of Kentucky; step- IN THE HOUSE OF REPRESENTATIVES grandchildren, Chad Clark of Kentucky, Bran- Thursday, February 2, 2017 HON. JAMES COMER don Duke of Tennessee, Eliza Clark of Ken- Mrs. COMSTOCK. Mr. Speaker, I am hon- OF KENTUCKY tucky, and Wesley Duke of Tennessee. ored to recognize a local attorney in Virginia’s IN THE HOUSE OF REPRESENTATIVES Funeral services will be held at 2 p.m. Sat- 10th District, Angela Plowman, who will be de- Thursday, February 2, 2017 urday at Milner & Orr Funeral Home and Cre- parting from her position as Town Attorney of Mr. COMER. Mr. Speaker, I rise today to mation Services of Paducah, Kentucky, with Middleburg. For nearly 20 years, Mrs. Plow- honor the life and legacy of Thomas Jefferson Rev. Jamie Curtis and Pastor Charles Moore man has served Loudoun County and the Mid- Barlow III, a former member of this honorable officiating. Burial will follow at Woodlawn Me- dleburg community, serving both as an Assist- body, who died Tuesday January 31, 2017, at morial Gardens. Visitation will begin at 10 a.m. ant County Attorney and as a Town Attorney the age of 76. Saturday at the funeral home. for the Middleburg Town Council.

VerDate Sep 11 2014 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.005 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 2, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E131 She began her career in Loudoun County in ceived the Baylor Alumni Association’s First CONGRATULATIONS TO MRS. LUZ 1999 as an Assistant County Attorney. In this Family of Baylor Award. He has received the GAMBOA RANGEL position, she was responsible for handling a National Philanthropy ‘‘Lifetime Achievement wide range of legal affairs and provided legal Award’’ and the Waco Junior Chamber of HON. WILL HURD guidance to county attorneys and council Commerce has recognized him with their ‘‘Dis- OF TEXAS members. Given her strong work ethic and tinguished Service Award.’’ IN THE HOUSE OF REPRESENTATIVES dedication to her community and the law, Mrs. Mr. Speaker, Wilton A. Lanning worked tire- Thursday, February 2, 2017 Plowman became the Town Attorney for the lessly to better the Waco community. From his Middleburg Town Council in 2012. In this role, 40 years at Waco’s then-oldest business, Mr. HURD. Mr. Speaker, I rise today to rec- she worked in close collaboration with the Padgitt’s, to his time with the Business ognize the 107th birthday of Luz Gamboa town council and represented Middleburg’s in- League, Wilton has certainly left an enduring Rangel of Crystal City, Texas. terests thoroughly. impression on Central Texas. He will always Luz was born on the Texas-Mexico Border In addition to practicing law, Mrs. Plowman be known as a great philanthropist and busi- on February 8, 1910 and moved to Texas with has exemplified her dedication to our Loudoun nessman; but I am confident that above all her mother and brother in 1914. She has lived County community by serving in a leadership else he would want to be known first as a hus- in South Texas for the past 103 years. Most role as a board member of the Loudoun Habi- band to LaNell, father to Bill and Robert, and of those years have been spent on the same tat for Humanity—an organization that builds servant of Christ through his leadership at Co- piece of land in Crystal City, Texas—a gift homes for those who are in need in the 10th lumbus Avenue Baptist Church. from her husband after they married. Today District. Luz loves spending time with family and mak- Mrs. Plowman lives in Loudoun along with Today, I have requested that a United ing use of her good sense of humor. Luz has her husband Jim, our Commonwealth Attorney States flag be flown over the United States seen more in her lifetime than many of us like- for Loudoun County, and their three children. Capitol to honor the many contributions of Wil- ly ever will and I have no doubt that we could She will continue to practice law in the area ton A. Lanning. all learn a thing or two from her. Luz’s family and plans to remain very involved in local af- As I close, I urge all Americans to continue and community are blessed to have her as fairs. praying for our country during these difficult part of their lives. Mr. Speaker, I now ask that my colleagues times, for our military men and women who On behalf of the Twenty-third Congressional join me in recognizing Mrs. Plowman’s years protect us from external threats, and for our District of Texas, congratulations to Mrs. Luz of public service. Today, we honor and cele- first responders who protect us here at home. Gamboa Rangel on turning 107 years old, and brate the contributions she has made to the may she celebrate many more. town and all its citizens. I wish her all the best f f in her future endeavors. INTRODUCTION OF THE JOINT f IN RECOGNITION OF JOSH AIRHEART’S SERVICE TO BOY RESOLUTION PROVIDING FOR HONORING WILTON A. LANNING SCOUT TROOP 59 CONGRESSIONAL DISAPPROVAL OF THE FINAL RULE OF THE HON. BILL FLORES UNITED STATES FISH AND WILD- OF TEXAS HON. RICHARD HUDSON LIFE SERVICE RELATING TO THE USE OF COMPENSATORY MITIGA- IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA TION AS RECOMMENDED OR RE- Thursday, February 2, 2017 IN THE HOUSE OF REPRESENTATIVES QUIRED UNDER THE ENDAN- Mr. FLORES. Mr. Speaker, I rise today to Thursday, February 2, 2017 GERED SPECIES ACT OF 1973 honor Wilton A. Lanning of Waco, Texas, who upon his retirement from the Waco Business Mr. HUDSON. Mr. Speaker, I rise today to HON. DAN NEWHOUSE League, received the Waco Business League recognize Mr. Josh Airheart for his service to OF WASHINGTON Boy Scout Troop 59 in Concord, North Caro- Lifetime Achievement Award. This award was IN THE HOUSE OF REPRESENTATIVES established in 2009 to honor individuals in the lina. Mr. Airheart has served as Scoutmaster Waco community that embody the exemplary of Troop 59 for 15 years and will soon be retir- Thursday, February 2, 2017 ideals and values of society, and have had a ing from the position. Mr. NEWHOUSE. Mr. Speaker, I rise today substantial impact on the community. Having lived in Cabarrus County his entire to introduce legislation disapproving of the As Executive Director of the Waco Business life, Mr. Airheart has established himself as a Compensatory Mitigation Policy (CMP) rule fi- League, Wilton Lanning utilized his wealth of staple of our community. He is a lifetime mem- nalized in the final days of the Obama admin- experience and his love for the city of Waco ber of New Gilead Church, home of Troop 59, istration. On December 27, 2016, the U.S. to support local businesses, grow the econ- where he began his own scouting career Fish and Wildlife Service (USFWS) released omy, and foster opportunity. He also serves as many years ago. In 1987, Mr. Airheart earned its final Endangered Species Act (ESA) CMP, a member of the Board of the Brazos Higher the rank of Eagle Scout, showcasing his own which violates existing environmental law and Education Service Corporation, where he fur- commitment to service. puts future economic development across the thers their goal of providing students and fami- Beginning in 2002, Mr. Airheart returned to country at risk. This rule establishes policies lies with resources they need to make in- Troop 59 as Scoutmaster. Recognizing the that are a significant departure from existing formed decisions about financing their higher significant impact scouting had on his own life, practices regarding compensatory mitigation education and building a better life. he began to share his passion with the young and limits private-sector, voluntary involvement Some of Wilton’s notable past contributions men of the troop. The troop then continued to in developing compensatory mitigation plans. to the Waco business community include serv- blossom under his guidance as he helped an My legislation utilizes the Congressional Re- ing on the boards of Hillcrest Baptist Medical impressive 26 members achieve the rank of view Act to block this dangerous rule and will Center, the Waco Industrial Foundation, and Eagle Scout. In 2015, he was recognized for prevent the potential catastrophic impacts it the Waco Mammoth Foundation. Wilton is a his efforts by the Central North Carolina Coun- would have on our nation’s economy. The CMP exceeds USFWS’ statutory au- past Chairman of the Greater Waco Chamber cil as Scoutmaster of the Year. of Commerce, member of the Board of the thority by adopting the mitigation goals of ‘‘net Vanguard College Preparatory School, and Along the way, Mr. Airheart has been a liv- conservation gain’’ and ‘‘no net loss,’’ which past Chairman of the Board of the YMCA. ing embodiment of the Scout Oath, showing are not grounded in federal statute. This direc- Though transcending his influence in the the young men of the troop how to integrate tive is a significant departure from existing business community, Wilton has built his life it in everything they do. While he may be leav- practice and runs counter to current law. The on a foundation of serving and giving back to ing his official capacity with Troop 59, I know policy will lead to an extensive, time-con- others—a value he learned as an Eagle Scout he will continue to be a role model for all of suming valuation process in which develop- and certainly reinforced by his father who those in our community. ment projects are required to initiate an as- served as a captain in the U.S. Army. Wilton Mr. Speaker, please join me today in recog- sessment process, as well as undertake ‘‘ad- has been a life-long supporter of Baylor Uni- nizing Mr. Josh Airheart for his dedication and vance mitigation,’’ that could tie up many eco- versity and an active member of the Baylor commitment to service as Scoutmaster of nomic projects in burdensome, costly proce- Alumni Association. In fact, his family has re- Troop 59. dures.

VerDate Sep 11 2014 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.001 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E132 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2017 This overbroad policy could jeopardize an HONORING MILTON BRONSTEIN He takes great pride in his family. John’s extensive range of economic development ac- parents came from Italy penniless and raised tivities in every corner of the U.S., while also HON. JAMES R. LANGEVIN seven children, all of whom lived into their 90s impacting a wide-range of industries, includ- OF RHODE ISLAND and were outstanding citizens. ing: agriculture, forestry, mining, natural re- IN THE HOUSE OF REPRESENTATIVES John is known to friends and family for his source development, energy production, con- Thursday, February 2, 2017 gardening, and shows a generous spirit in servation projects, and building and road con- sharing fresh produce with his family and struction. The final CMP will also have signifi- Mr. LANGEVIN. Mr. Speaker, there are so friends. Earlier in life John was also an active cant strategic, legal, and financial implications many ways to describe Mr. Milton Bronstein. bowler, golfer and in later years took up dupli- for development projects large and small, He is a kind and generous person, who is al- cate bridge playing three times a week. while ensnaring future economic growth in a ways willing to lend a hand when he sees a John is also a sports fan. He is a longtime friend in need. He is a committed and hard- maze of permitting setbacks and bureaucratic fan of the New York Yankees and New York working public servant who puts service above red-tape. Knicks. One of his greatest joys is rooting for self. He is a capable and respected labor Union College, Notre Dame, and the Univer- We must protect our country’s economic fu- leader who dedicated much of his life to im- sity of Connecticut, all schools attended by ture and ensure burdensome rules and regula- proving conditions for Rhode Island workers. members of his family. tions promulgated by a bloated bureaucracy He was a devoted husband to his late wife, do not threaten desperately needed job cre- Claire. He is a wonderful father to Harvey, An- John’s greatest role has been that of doting ation and economic growth. The integrity of drew, and Cindy. father. He took an active role in his son Nich- the law is threatened by misguided federal And to me and to so many other Rhode Is- olas’s activities, including Carmen Little policies like the USFWS’s CMP rule, and I landers, Milton—who today turns 100 years League, Babe Ruth, CYO Basketball and Pop urge all members to join me in supporting this old—is a steadfast and dependable friend. Warner Football. Later, he watched his grand- legislation to block yet another oppressive and Milton’s career started in the Department of son Nicholas, Jr. play recreational basketball. overreaching regulation promulgated by the Treasury, where he would remain for three He was also a player agent for Carmen Little previous administration. decades. He is perhaps best known, however, League and later served as Commissioner of for his work as a labor organizer, serving as Rotterdam Babe Ruth. f the first president of Rhode Island’s AFSCME f Chapter, Council 94. Countless laborers in my NATIONAL RIGHT TO WORK RECOGNIZING THE WORK OF THE home state of Rhode Island are better off METROPOLITAN POLICE DEPART- thanks to his tireless work, and when you MENT speak to labor organizers today, it is clear that HON. JOE WILSON Milton has set the gold standard of how to ef- OF SOUTH CAROLINA fectively lead. After stepping down as Council IN THE HOUSE OF REPRESENTATIVES HON. ELEANOR HOLMES NORTON 94 president, Milton jumped right back into ac- Thursday, February 2, 2017 tion, serving as the retiree chapter’s vice OF THE DISTRICT OF COLUMBIA president until he retired just last year at the Mr. WILSON of South Carolina. Mr. Speak- IN THE HOUSE OF REPRESENTATIVES age of 99. Even today, at 100 years old, Mil- er, I was grateful yesterday to join my friend, ton remains a trusted mentor and adviser to Congressman STEVE KING, to introduce the Thursday, February 2, 2017 many in the labor movement and in public National Right to Work Act. At least 80 percent of Americans favor bar- Ms. NORTON. Mr. Speaker, I rise today to service. I want to wish a very happy birthday to Mil- ring the forcing of employees to pay dues as ask the House of Representatives to join me a condition of their employment, and this bill in recognizing the work of the Metropolitan Po- ton as he celebrates 100 years of a life well lived. Milton, has been a changemaker in our would protect workers by eliminating the lice Department, in particular the Second Dis- forced-dues clauses in federal statute. It still trict, and the Office of the Attorney General for state and in the lives of those of us who have been lucky enough to know him and work with allows workers to unionize if they chose to do the District of Columbia. Representatives from him. I cannot thank him enough for his service so—but makes membership voluntary, not these agencies worked closely with D.C. resi- and for his support through the years. Rhode mandatory. dents on Belmont Road NW and the leader- Island owes him a debt of gratitude. Happy Right-to-work states, like South Carolina, ship of the Islamic Center of Washington to birthday. have seen first-hand that job creation and eco- forge a remedy to a life-threatening situation f nomic growth comes from expanded free- that had hate-crime implications. doms. Right to work was crucial for South These individuals provided extraordinary HONORING THE CENTENNIAL Carolina becoming the leading manufacturer guidance and intervention in bringing closure MILESTONE OF MR. JOHN FIORE, and exporter of tires, with Michelin, to a situation that had exposed D.C. residents DISTINGUISHED RESIDENT OF Bridgestone, Continental, and Giti, while also to racial and homophobic slurs, as well as SCHENECTADY IN THE STATE OF being America’s largest exporter of cars with threats of bodily harm, for more than five NEW YORK BMW and soon Volvo. years. I appreciated joining Congressman STEVE I therefore rise with pride to salute police of- HON. PAUL TONKO KING, with Mark Mix, President of the National ficers Lt. Jerome M. Merrill, Sgt. Brian H. OF NEW YORK Right to Work Committee, on this important Brown, Sgt. Miguel Rodriguezgil, and Mr. IN THE HOUSE OF REPRESENTATIVES issue that will positively promote jobs. James T. Towns, Community Engagement Di- Thursday, February 2, 2017 In conclusion, God Bless Our Troops and rector, with the Office of the Attorney General. Mr. TONKO. Mr. Speaker, I rise today to we will never forget September 11th in the In particular, I applaud the leadership efforts of honor the centennial celebration of John M. Global War on Terrorism. Dr. Khouj, Imam, and Abassie Jarr-Koroma of Fiore of Schenectady, New York, who turns f the Islamic Center of Washington, and A. 100 years old today, February 2nd, 2017. BOND COUNTY BICENTENNIAL Mario Castillo, a resident of Belmont Road, John was born on February 2, 1917 to Vito who coordinated the teamwork on. this matter. and Maria Fiore. He graduated from Mt. HON. RODNEY DAVIS This civic success story brings to mind a fit- Pleasant High School in 1934 and was the OF ILLINOIS ting quote attributed to the great American first freshman in the class when it opened in poet and writer Maya Angelou, ‘‘It’s good to 1931. IN THE HOUSE OF REPRESENTATIVES After graduating John worked for GE as a remember that in crises, natural crises, human Thursday, February 2, 2017 Production Specialist with more than 45 years beings forget for a while their ignorance, their of service. Mr. RODNEY DAVIS of Illinois. Mr. Speak- biases, their prejudices. For a little while, John went on to serve his country in World er, this year, beautiful Bond County, located in neighbors help neighbors and strangers help War II from 1942–1946, and received an hon- the southeastern part of Illinois, celebrates its strangers.’’ orary discharge as a Corporal. becentennial—200 years as a county is a Mr. Speaker, I ask the House of Represent- In 1953 John married Mary Gerardi who great honor. atives to join me in applauding my constitu- passed away in 1972 after a long battle with Bond County was one of the state’s original ents and the law enforcement officers. illness. 11 counties when Illinois applied for statehood

VerDate Sep 11 2014 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.005 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 2, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E133 in 1818. It was named after the first governor IN RECOGNITION OF MARGARET tra violinist David Taylor as guest soloist at of Illinois, Shadrach Bond who helped develop MARY CANTY, RSCJ AS SHE The Pickwick Theatre in Park Ridge, Illinois. the first big transportation and infrastructure CELEBRATES HER 50TH JUBILEE The Park Ridge Civic Orchestra project for Illinois. AS A RELIGIOUS OF THE SA- (PRCOrchestra) features more than 70 profes- CRED HEART sional musicians, renowned soloists, and top- Bond County has witnessed many moments ranked student talents and serves the north in our nation’s history. Both Abraham Lincoln HON. DEBBIE DINGELL and northwest areas of Chicago, its suburbs, and Stephen Douglas gave speeches there in and beyond. Founded in 1994 by veteran Chi- OF MICHIGAN 1858 for their Senatorial election and the Lib- cago Symphony Orchestra first violinist Edgar IN THE HOUSE OF REPRESENTATIVES erty Bell made its way through the county in Muenzer, his wife Nancy, and a cadre of de- 1915. Additionally, President Ronald Reagan Thursday, February 2, 2017 voted supporters, the PRCOrchestra fulfilled appeared there in 1980 for a campaign Mrs. DINGELL. Mr. Speaker, I rise today to the Muenzer’s wish to give back after a re- speech. recognize Margaret Mary Canty, RSCJ for her warding lifetime in professional music. Now Bond County is also home to Greenville life and service and work on behalf of the led by a group of local business owners, musi- College, a 4-year Christian university founded southeast Michigan community. As a former cians, civic leaders, and others, the on prayer that focuses on the pillars of faith headmistress and current member of the PRCOrchestra continues to bring enriching, and community to advance students’ learning. Academy of the Sacred Heart’s Board of live classical music to the community. The PRCOrchestra’s founder Edgar Greenville facilitated multiple mission trips, Trustees, Sister Canty has served the school and community at large through her tireless Muenzer was the orchestra’s conductor and study abroad programs, and home-service music director for two decades from 1994 to projects in 2016. efforts and service. As Headmistress of the Academy of the Sa- 2014. A longtime Park Ridge resident with his There is much for the citizens of this county cred Heart in Bloomfield Hills from 1988 wife Nancy, Edgar brought many years of per- to be proud of. A county with such a rich his- through 2000, Sister Canty’s leadership played forming, conducting, and teaching to this role. tory of beauty, politics, and pride deserves to a critical role in helping the school grow and In 2014, Edgar stepped down from the posi- be recognized after 200 fantastic years. evolve to meet the needs of the students, staff tion of Music Director, giving the reins to his and community at large. Under Sister Canty, son, current PRCOrchestra Music Director Vic- f the school established the Early Childhood tor Muenzer. He then continued to serve as Program and oversaw a successful capital Music Director Emeritus until his death in IN RECOGNITION OF KAREN campaign that allowed it to expand its science 2016. Among the many honors he earned dur- SHORTER facilities and build a new After School Learn- ing his illustrious life, Maestro Muenzer was ing center. These actions helped the Academy named Conductor of the Year by the Illinois of Sacred Heart modernize and serve a new Council of Orchestras. Edgar and his wife HON. BARBARA COMSTOCK generation of students. After she left Sacred Nancy also earned the Illinois Humanities Council Studs Terkel Humanities Service OF VIRGINIA Heart in 2000, Sister Canty worked with the Kenwood Academy (now Doane Stuart) in Award for their tireless commitment to bringing IN THE HOUSE OF REPRESENTATIVES New York, in a variety of positions to help the inspiring music to the community. Nancy K. Muenzer was the co-founder of school restructure and serve its retired RCSJs. Thursday, February 2, 2017 the Park Ridge Civic Orchestra and wife of Today, Sister Canty serves on the Academic Edgar Muenzer. A driving force behind the Or- Mrs. COMSTOCK. Mr. Speaker, I rise to of the Sacred Heart’s Board of Trustees, chestra’s successful development, the char- where she provides guidance and advice to recognize the 15th year anniversary of the ismatic Mrs. Muenzer worked tirelessly to in- the school. organ donation made by one of my constitu- spire and enlist major sponsors and donors in Sister Canty’s life of service and leadership ents, Karen Shorter, of Manassas Park, Vir- support of the Orchestra. Through Mrs. has inspired a new generation of thoughtful ginia. On July 30th, 2002, Ms. Shorter do- Muenzer’s direct efforts and that of the gen- and community-minded students and edu- nated one of her kidneys to Janet Melson erous music-lovers she recruited, the cators. Her tenure at both Sacred Heart and Burns, a neighbor in need. Together they vol- PRCOrchestra performed five major concerts Doane Stuart was transformative, and the ini- unteered at the National Kidney Foundation as each year at the historic Pickwick Theatre in tiatives that she has championed continue to members of their Speaker’s Bureau. Through Park Ridge. Mrs. Muenzer also managed an help cultivate a new generation of Sacred the Foundation’s Speaker’s Bureau they both array of special events and smaller concerts in Heart leaders. It is my hope that these institu- came to Capitol Hill where they spoke on the between. Mrs. Muenzer continued in her role tions will build on Sister Canty’s legacy of ex- importance of the prevention and treatment of until 2014, helping the Orchestra transition to cellence in the coming years. various kidney diseases. the next generation. Mr. Speaker, I ask my colleagues to join me Mr. Speaker, I ask the House of Represent- Every year, Ms. Shorter and Ms. Burns cel- in honoring Margaret Mary Canty, RSCJ on atives to join me in honoring the late Edgar ebrate a Happy Life Day on the anniversary of her 50th Jubilee for her lifetime of service and and Nancy Muenzer and the members of the their transplant. These two have a ferocious accomplishments. Sister Canty has served the Park Ridge Civic Orchestra for their dedication friendship that transcends distance made. This southeast Michigan community well through to cultivating enriching classical music in the is evident by the fact that even though Janet her work with the Academy of the Sacred community. I congratulate and wish each of and her husband live in Atlanta, Georgia, she Heart and the critical role her involvement them every success in their upcoming ‘‘Found- and Karen still make time for their Happy Life played in its growth and development. ers Memorial Concert.’’ Illinois’s Ninth Con- Day celebration. Through the transplant they f gressional District is proud to be home to the have come to know personally each other’s di- TRIBUTE TO EDGAR AND NANCY brilliantly talented members of this organiza- rect and extended family. This action has tion, and for their outstanding gifts, leadership, brought them closer together as people, MUENZER AND THE PARK RIDGE CIVIC ORCHESTRA and service, these members are worthy of the neighbors, and friends. I am proud to have highest praise. Karen Shorter as my constituent in the 10th f district and hope she continues to share her HON. JANICE D. SCHAKOWSKY heartwarming story on organ donation. In ad- OF ILLINOIS IN MEMORY OF LOUISE EPTING dition to her selfless act of kindness, Ms. IN THE HOUSE OF REPRESENTATIVES Shorter recently retired after 25 years of gov- Thursday, February 2, 2017 HON. DANA ROHRABACHER ernment service to the Federal Bureau of Pris- OF CALIFORNIA Ms. SCHAKOWSKY. Mr. Speaker, I rise ons in Washington, DC and I thank her for her IN THE HOUSE OF REPRESENTATIVES today to recognize the work of the late Edgar service. and Nancy Muenzer, co-founders of the Park Thursday, February 2, 2017 Mr. Speaker, I ask my colleagues to join me Ridge Civic Orchestra. To honor their hard Mr. ROHRABACHER. Mr. Speaker, Ameri- in applauding Ms. Shorter for her actions and work and tireless commitment, the Park Ridge cans should remember what makes us a great volunteer work and to wish them a ‘‘Happy Civic Orchestra will be presenting a ‘‘Founders and free country. It isn’t a gift. It is earned by Life Day’’ when they meet in Charleston, Memorial Concert’’ on Wednesday, February those conscientious individuals who get in- South Carolina this July. 8, 2017 featuring Chicago Symphony Orches- volved, donate their time, and do their share.

VerDate Sep 11 2014 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.010 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E134 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2017 Millions of them, from the first generation of Huston Halverson. The members of the Purple Ms. Huyck has made it her mission to be Americans until the present time. Team, which placed 10th, were Molly Patter- transparent and tells the unvarnished truth to Louise Epting was one of these. She was a son, Sierra Sonberg, Alex Romig, Cale everyone she meets. A self-proclaimed ‘‘farm beloved mother, daughter, sister and grand- Schmitz, Elizabeth Vance, Sierra Mason, girl from Ohio,’’ she joined the Planned Par- mother. Born in New York City, the former Emma Wagner, and Jordan Smith. The coach- enthood organization following a career as a bobbysoxer and Frank Sinatra devotee be- es of the two teams were Shannon Wallace, hospital administrator in Ohio and Illinois who came a nurse before settling down to raise her Jill Altringer, Kim Cross, Kathryn Pagel, and wanted to combine her skills in the health care three children with her then-husband. Fol- Jessica McCartan. field with her passion for women’s issues. Teri lowing their divorce in the 1970s, Louise con- Mr. Speaker, the success of these students remembers when Roe v. Wade was decided tinued to work hard to support her children and coaches exemplifies the rewards of deter- and learned her passion for women’s issues and ensure their needs were met. Later in life, mination, commitment, and team work. I am from her mother. Teri’s childhood friend was Louise followed her children to California in proud to represent these young leaders in the raped and as a result became pregnant in the order to be closer to them and her future United States Congress. I ask my colleagues mid-1970s. The friend chose abortion and was grandchildren. Louise embraced her role as in the United States House of Representatives treated poorly. This incident left a lasting im- the family’s matriarch. to join me in congratulating them for their suc- pression on her as well. Known by her nickname ‘‘Sugar,’’ Louise cess in the state competition and in wishing Teri has a Bachelor’s degree in Psychology was also a dedicated volunteer for many Re- them nothing but continued success in school with high honors from Ohio State University publican causes. She worked tirelessly for ev- and beyond. and a Master’s degree in Hospital and Health erything she believed in, dedicating time and f Administration from Xavier University in Cin- energy to a wide variety of candidates and cinnati. FINANCIAL SERVICES COMMITTEE issues. Working to better her community, she I am grateful to have had the opportunity to RULES spent countless hours volunteering at the know and work with Teri since she assumed schools her grandchildren attended in Hun- her role at Planned Parenthood of Wisconsin. tington Beach, California. HON. BRAD SHERMAN We have stood together on many issues to A fiercely proud American, Louise ‘‘Sugar’’ OF CALIFORNIA ensure both women and men in Wisconsin Epting represents true patriotism, and is IN THE HOUSE OF REPRESENTATIVES have access to health care. I join with her among the best our country has produced. A Thursday, February 2, 2017 family, friends and colleagues to congratulate devout Catholic, she departs this world to Mr. SHERMAN. Mr. Speaker, on Thursday, her on her retirement. I wish her much suc- enter the realm of heaven where we know she I voted for the Rules Improvement Package cess as she transitions into a different phase joins so many of her loved ones. Compas- suggested by the Ranking Member even of her life with her husband, Perry who re- sionate, caring, and cherished by many, Lou- though there are elements of the package that cently retired, as well. Mr. Speaker, I am ise leaves behind a lasting legacy of love for would not be needed by the Committee in nor- proud to honor Teri Huyck. The citizens of the her faith, family, friends, and country. mal circumstances. Fourth Congressional District and the State of Wisconsin are privileged to have someone of f f her ability and dedicated service working on PERSONAL EXPLANATION TRIBUTE TO TERI HUYCK their behalf for so many years. I am honored for these reasons to pay tribute to Ted Huyck. HON. SCOTT TAYLOR HON. GWEN MOORE f OF VIRGINIA OF WISCONSIN IN RECOGNITION OF JEFF DUBE´ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, February 2, 2017 Thursday, February 2, 2017 HON. BARBARA COMSTOCK Mr. TAYLOR. Mr. Speaker, due to my at- Ms. MOORE. Mr. Speaker, Planned Parent- OF VIRGINIA tendance of the dignified transfer ceremony of hood of Wisconsin (PPWI) President and CEO IN THE HOUSE OF REPRESENTATIVES Chief Special Warfare officer Ryan Owens at Teri Huyck will retire on February 3, 2017, Thursday, February 2, 2017 Dover AFB, I was unable to vote yesterday. after leading Wisconsin’s largest most trusted Had I been present, I would have voted YEA non-profit health care organization for nine Mrs. COMSTOCK. Mr. Speaker, I rise to ac- on Roll Call No. 72; and YEA on Roll Call No. years. knowledge Lieutenant Jeff Dube´ who recently 73. Teri Huyck came to Planned Parenthood of departed from the Leesburg Police Depart- f Wisconsin during a difficult time as interim di- ment after 23 years of service. Throughout Lt. rector in 2008. She had been the Vice Presi- Dube´’s impressive career at the department, TRIBUTE TO THE DALLAS CEN- dent and Chief Operating Officer of Planned he always maintained a strong attitude and a TER-GRIMES MIDDLE SCHOOL Parenthood Chicago. Upon her arrival, the willingness to embrace new roles and respon- MOCK TRIAL TEAMS IN THE morale and financial stability of the Wisconsin sibilities. Additionally, before joining the Lees- FIRST SESSION OF THE 115TH Chapter of Planned Parenthood improved and burg Police Department, Lt. Dube´ served eight CONGRESS eight months later, Teri Huyck dropped ‘‘in- years on active duty in the U.S. Marine Corps. terim’’ from her title and officially took over as During his tenure at the Leesburg Police HON. DAVID YOUNG president and CEO. She began an aggressive Department, Lt. Dube´ served in many roles, OF IOWA fundraising campaign that raised an additional including field training officer, shift supervisor, IN THE HOUSE OF REPRESENTATIVES $500,000 and reorganized the organization. training officer, civil disturbance unit com- Currently, Planned Parenthood of Wisconsin mander, recruitment and hiring, property and Thursday, February 2, 2017 employs about 200 people and has a $21 mil- evidence and the accreditation manager. Addi- Mr. YOUNG of Iowa. Mr. Speaker, I rise lion annual budget that comes from state and tionally, Lt. Dube´ enjoyed liaising with the today to recognize and congratulate the mem- federal funding, Medicaid and private-pay pa- media, as he tried to keep the community in- bers of the 2016 Dallas Center-Grimes Middle tients and private donations. Planned Parent- formed about human interest stories as well School Mock Trial teams on their success at hood provides health care to about 70,000 as emergencies as they unfolded. the 33th Annual Iowa Middle School Mock men and women a year across the state pro- Police officers come from all walks of life to Trial State Competition in Des Moines, Iowa, viding services that include: annual exams, serve and protect their fellow citizens. Officers, which took place from November 14 through cancer screening, colonoscopies, pregnancy like Lt. Dube´, place their lives in jeopardy so November 16, 2016. testing and counseling, sexually transmitted that the rest of us may rest easy and the con- The state competition featured 34 teams disease testing and treatment, and abortions. stituents of the 10th District are indebted to from around the state of Iowa. The two teams Family planning and prevention accounts for their dedication. The work he has done to self- representing Dallas Center-Grimes defied ex- more than 95 percent of the services Planned lessly serve our community and our country is pectations when both teams placed among the Parenthood of Wisconsin performs. The orga- an inspiration, and it is an honor to represent top ten. The members of the Green team, nization gives out 200,000 cycles of birth con- him. which placed 8th, were Garrett Bond, Audrey trol pills per year. The majority of the women Mr. Speaker, I ask my colleagues to join me Frett, Dante Chittenden, Megan Grimes, Ra- and men who come here are not seeking an in applauding Lt. Jeff Dube´ for his dedication chel Becker, Madison Stone, Josh Ward, and abortion. to

VerDate Sep 11 2014 05:01 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.014 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS February 2, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E135 serving our community and country for so ment celebrates fifty years of serving the com- safety of community restaurants, or helping many years. I wish him the best in retirement munity. new parents with infant and child resources, and in all of his future endeavors. For five decades, healthcare professionals Bond County Health Department has been an f at Bond County Health Department have pro- important part of southwestern Illinois. For half BOND COUNTY’S HEALTH vided citizens with important health services a century, they have worked to improve public DEPARTMENT 50TH ANNIVERSARY such as immunizations, dental clinics, mater- health in the region and have provided valu- nal and child health education, and much able education to the citizens of Bond County. more. Their mission to promote good health, HON. RODNEY DAVIS safety, and sanitation has helped thousands of I understand the important role of institu- OF ILLINOIS people across the area. tions like Bond County Health Department and IN THE HOUSE OF REPRESENTATIVES The Bond County Health Department has I commend its staff for all of their hard work Thursday, February 2, 2017 excelled at meeting the needs of the popu- over the years. Congratulations on your 50th Mr. RODNEY DAVIS of Illinois. Mr. Speak- lation it serves. Whether it be assisting seniors anniversary, and I wish you all the best in the er, this year, Bond County’s Health Depart- with home healthcare, inspecting the food years to come.

VerDate Sep 11 2014 04:53 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.019 E02FEPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Thursday, February 2, 2017 Daily Digest Senate By 52 yeas to 48 nays (Vote No. EX. 49), Senate Chamber Action agreed to the motion to proceed to Legislative Ses- Routine Proceedings, pages S609–S661 sion. Page S634 Measures Introduced: Twenty-three bills and two A unanimous-consent agreement was reached pro- resolutions were introduced, as follows: S. 275–297, viding for further consideration of the joint resolu- and S. Res. 42–43. Pages S655–56 tion at approximately 6:30 a.m., on Friday, February 3, 2017, with no debate time remaining; and that Measures Reported: following disposition of the joint resolution, Senate S. Res. 42, authorizing expenditures by the Com- vote on the motion to invoke cloture on the nomina- mittee on Environment and Public Works. Page S655 tion of Elisabeth Prince DeVos, of Michigan, to be Measures Passed: Secretary of Education, Rule XXII notwithstanding. Stream Protection Rule: By 54 yeas to 45 nays Page S661 (Vote No. 43), Senate passed H.J. Res. 38, dis- Sessions Nomination—Cloture: Senate began con- approving the rule submitted by the Department of sideration of the nomination of Jeff Sessions, of Ala- the Interior known as the Stream Protection Rule. bama, to be Attorney General. Page S632 Pages S611–32 A motion was entered to close further debate on Honoring the Life of Eugene A. ‘‘Gene’’ Cernan: the nomination, and, in accordance with the provi- Committee on the Judiciary was discharged from sions of rule XXII of the Standing Rules of the Sen- further consideration of S. Res. 27, honoring the life ate, a vote on cloture will occur upon disposition of and achievements of Eugene A. ‘‘Gene’’ Cernan, and the nomination of Elisabeth Prince DeVos, of Michi- the resolution was then agreed to, after agreeing to gan, to be Secretary of Education. Page S632 the following amendment proposed thereto: Prior to the consideration of this nomination, Sen- ate took the following action: Pages S660–61 Crapo (for Cruz/Nelson) Amendment No. 190, to By 53 yeas to 45 nays (Vote No. 44), Senate agreed to the motion to proceed to Executive Session amend the preamble. Pages S660–61 to consider the nomination. Page S632 National Mentoring Month: Senate agreed to S. Res. 43, recognizing January 2017 as National Men- Price Nomination—Cloture: Senate began consid- eration of the nomination of Thomas Price, of Geor- toring Month. Page S661 gia, to be Secretary of Health and Human Services. Measures Considered: Page S633 SEC Resource Extraction Resolution of Dis- A motion was entered to close further debate on approval—Agreement: Senate began consideration the nomination, and, in accordance with the provi- of H. J. Res. 41, providing for congressional dis- sions of rule XXII of the Standing Rules of the Sen- approval under chapter 8 of title 5, United States ate, a vote on cloture will occur upon disposition of Code, of a rule submitted by the Securities and Ex- the nomination of Jeff Sessions, of Alabama, to be change Commission relating to ‘‘Disclosure of Pay- Attorney General. Page S633 ments by Resource Extraction Issuers’’, after agreeing Prior to the consideration of this nomination, Sen- to the motion to proceed. Pages S634–53 ate took the following action: By 52 yeas to 48 nays (Vote No. 50), Senate By 51 yeas to 47 nays (Vote No. EX. 45), Senate agreed to the motion to proceed to consideration of agreed to the motion to proceed to Legislative Ses- Pages S632–33 the joint resolution. Page S634 sion. Prior to the consideration of this measure, Senate By 51 yeas to 48 nays (Vote No. 46), Senate took the following action: agreed to the motion to proceed to Executive Session to consider the nomination. Page S633 D104

VerDate Sep 11 2014 06:08 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE7.REC D02FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 2, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D105 Mnuchin Nomination—Cloture: Senate began con- Adjournment: Senate convened at 11 a.m. and ad- sideration of the nomination of Steven T. Mnuchin, journed at 8:06 p.m., until 6:30 a.m. on Friday, of California, to be Secretary of the Treasury. February 3, 2017. (For Senate’s program, see the re- Page S633 marks of the Acting Majority Leader in today’s A motion was entered to close further debate on Record on page S661.) the nomination, and, in accordance with the provi- sions of Rule XXII of the Standing Rules of the Committee Meetings Senate, a vote on cloture will occur upon disposition of the nomination of Thomas Price, of Georgia, to (Committees not listed did not meet) be Secretary of Health and Human Services. BUSINESS MEETING Page S633 Prior to the consideration of this nomination, Sen- Committee on the Budget: Committee ordered favorably ate took the following action: reported the nomination of Mick Mulvaney, of South By 52 yeas to 47 nays (Vote No. EX. 47), Senate Carolina, to be Director of the Office of Management agreed to the motion to proceed to Legislative Ses- and Budget. sion. Page S633 BUSINESS MEETING By 51 yeas to 48 nays (Vote No. 48), Senate Committee on Environment and Public Works: Com- agreed to the motion to proceed to Executive Session mittee ordered favorably reported the following busi- to consider the nomination. Page S633 ness items: Messages from the House: Page S655 An original resolution (S. Res. 42) authorizing ex- penditures by the committee, and adopted its rules Measures Placed on the Calendar: Page S655 of procedure for the 115th Congress; and Executive Reports of Committees: Page S655 The nomination of Scott Pruitt, of Oklahoma, to Additional Cosponsors: Page S656 be Administrator of the Environmental Protection Agency. Statements on Introduced Bills/Resolutions: Page S657 BUSINESS MEETING Additional Statements: Page S654 Committee on Homeland Security and Governmental Af- fairs: Committee ordered reported without rec- Amendments Submitted: Page S660 ommendation the nomination of Mick Mulvaney, of Record Votes: Eight record votes were taken today. South Carolina, to be Director of the Office of Man- (Total—50) Pages S632–634 agement and Budget. h House of Representatives Recess: The House recessed at 1:38 p.m. and recon- Chamber Action vened at 1:41 p.m. Page H894 Public Bills and Resolutions Introduced: 27 Disapproving the rule submitted by the Depart- public bills, H.R. 816–842; and 7 resolutions, ment of Defense, the General Services Adminis- H.J. Res. 60–61; H. Con. Res. 19; and H. Res. tration, and the National Aeronautics and Space 82–85, were introduced. Pages H943–45 Administration relating to the Federal Acquisi- Additional Cosponsors: Page H946 tion Regulation: The House passed H.J. Res. 37, Reports Filed: There were no reports filed today. disapproving the rule submitted by the Department Speaker: Read a letter from the Speaker wherein he of Defense, the General Services Administration, and appointed Representative Bost to act as Speaker pro the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation, by a tempore for today. Page H881 recorded vote of 236 ayes to 187 noes, Roll No. 76. Recess: The House recessed at 10:48 a.m. and re- Pages H907–16 convened at 12 noon. Page H886 H. Res. 74, the rule providing for consideration Recess: The House recessed at 12:54 p.m. and re- of the joint resolutions (H.J. Res. 36) and (H.J. Res. convened at 1:05 p.m. Page H893 37) was agreed to by a recorded vote of 232 ayes to

VerDate Sep 11 2014 06:08 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE7.REC D02FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D106 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2017 190 noes, Roll No. 75, after the previous question Students Succeed Through the Power of School was ordered by a yea-and-nay vote of 230 yeas to Choice’’. Testimony was heard from public witnesses. 188 nays, Roll No. 74. Pages H888–93, H893–94 PATIENT RELIEF FROM COLLAPSING Providing for congressional disapproval under HEALTH MARKETS chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Adminis- Committee on Energy and Commerce: Subcommittee on tration relating to Implementation of the NICS Health held a hearing entitled ‘‘Patient Relief from Improvement Amendments Act of 2007: The Collapsing Health Markets’’. Testimony was heard House passed H.J. Res. 40, providing for congres- from J.P. Wieske, Deputy Commissioner of Insur- sional disapproval under chapter 8 of title 5, United ance, State of Wisconsin; and public witnesses. States Code, of the rule submitted by the Social Se- REAUTHORIZATION OF NTIA curity Administration relating to Implementation of Committee on Energy and Commerce: Subcommittee on the NICS Improvement Amendments Act of 2007, Communications and Technology held a hearing en- by a recorded vote of 235 ayes to 180 noes, Roll No. titled ‘‘Reauthorization of NTIA’’. Testimony was 77. Pages H894–H907, H916–17 heard from public witnesses. H. Res. 71, the rule providing for consideration of the joint resolutions (H.J. Res. 40) and (H.J. Res. ORGANIZATIONAL MEETING 41) was agreed to yesterday, February 1st. Committee on Financial Services: Full Committee held Electing members to the Joint Committee of an organizational meeting for the 115th Congress. Congress on the Library and the Joint Com- The committee adopted its rules for the 115th Con- mittee on Printing: The House agreed to discharge gress. from committee and agree to H. Res. 82, electing ISRAEL, THE PALESTINIANS, AND THE members to the Joint Committee of Congress on the UNITED NATIONS: CHALLENGES FOR THE Library and the Joint Committee on Printing. NEW ADMINISTRATION Page H917 Committee on Foreign Affairs: Subcommittee on the Senate Message: Message received from the Senate Middle East and North Africa; and Subcommittee on today appears on page 921. Africa, Global Health, Global Human Rights, and Quorum Calls—Votes: One yea-and-nay vote and International Organizations, held a joint hearing en- three recorded votes developed during the pro- titled ‘‘Israel, the Palestinians, and the United Na- ceedings of today and appear on pages H893–94, tions: Challenges for the New Administration’’. Tes- H894, and H916–17. There were no quorum calls. timony was heard from public witnesses. Adjournment: The House met at 10 a.m. and ad- THE FUTURE OF THE TRANSPORTATION journed at 6:23 p.m. SECURITY ADMINISTRATION Committee on Homeland Security: Subcommittee on Committee Meetings Transportation and Protective Security held a hear- BUSINESS MEETING ing entitled ‘‘The Future of the Transportation Secu- Committee on Armed Services: Full Committee held a rity Administration’’. Testimony was heard from business meeting for consideration of the committee public witnesses. oversight plan for 115th Congress. The committee MISCELLANEOUS MEASURES adopted its oversight plan. Committee on the Judiciary: Full Committee held a THE CONGRESSIONAL BUDGET OFFICE’S markup on H.R. 720, the ‘‘Lawsuit Abuse Reduc- BUDGET AND ECONOMIC OUTLOOK tion Act of 2017’’; and H.R. 725, the ‘‘Innocent Committee on the Budget: Full Committee held a hear- Party Protection Act’’. H.R. 720 and H.R. 725 were ing entitled ‘‘The Congressional Budget Office’s ordered reported, without amendment. Budget and Economic Outlook’’. Testimony was IMPROVING SECURITY AND EFFICIENCY heard from Keith Hall, Director, Congressional AT OPM AND THE NATIONAL Budget Office. BACKGROUND INVESTIGATIONS BUREAU HELPING STUDENTS SUCCEED THROUGH Committee on Oversight and Government Reform: Full THE POWER OF SCHOOL CHOICE Committee held a hearing entitled ‘‘Improving Secu- Committee on Education and the Workforce: Sub- rity and Efficiency at OPM and the National Back- committee on Early Childhood, Elementary, and Sec- ground Investigations Bureau’’. Testimony was heard ondary Education held a hearing entitled ‘‘Helping from Kathleen McGettigan, Acting Director, Office

VerDate Sep 11 2014 06:08 Feb 03, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE7.REC D02FEPT1 SSpencer on DSK4SPTVN1PROD with DIGEST February 2, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D107 of Personnel Management; Cord Chase, Chief Infor- ization and oversight plan. The following bills were mation Security Officer, Office of Personnel Manage- ordered reported, as amended: H.R. 679 and H.R. ment; Charles Phalen, Director, National Back- 657. The following bills were ordered reported, ground Investigations Bureau; David DeVries, Chief without amendment: H.R. 194 and H.R. 702. Information Officer, National Background Investiga- tions Bureau; and Terry Halvorsen, Chief Informa- Joint Meetings tion Officer, Department of Defense. No joint committee meetings were held. MISCELLANEOUS MEASURES f Committee on Oversight and Government Reform: Full COMMITTEE MEETINGS FOR FRIDAY, Committee concluded a business meeting on the FEBRUARY 3, 2017 committee’s oversight and authorization plan; and (Committee meetings are open unless otherwise indicated) markup on H.R. 194, the ‘‘Federal Agency Mail Management Act of 2017’’; H.R. 702, the ‘‘Federal Senate Employee Antidiscrimination Act of 2017’’; H.R. No meetings/hearings scheduled. 679, the ‘‘Construction Consensus Procurement Im- provement Act of 2017’’; and H.R. 657, the ‘‘Follow House the Rules Act’’. The committee adopted its author- No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 6:30 a.m., Friday, February 3 9 a.m., Friday, February 3

Senate Chamber House Chamber Program for Friday: Senate will vote on passage of H.J. Program for Friday: Consideration of H.J. Res. 36— Res. 41, SEC Resource Extraction Resolution of Dis- Providing for congressional disapproval under chapter 8 approval. of title 5, United States Code, of the final rule of the Bu- Following disposition of H.J. Res. 41, Senate will vote reau of Land Management relating to ‘‘Waste Prevention, on the motion to invoke cloture on the nomination of Production Subject to Royalties, and Resource Conserva- Elisabeth Prince DeVos, of Michigan, to be Secretary of tion’’. Education.

Extensions of Remarks, as inserted in this issue

HOUSE Flores, Bill, Tex., E131 Rohrabacher, Dana, Calif., E133 Gottheimer, Josh, N.J., E129 Roskam, Peter J., Ill., E130 Byrne, Bradley, Ala., E129 Hudson, Richard, N.C., E131 Schakowsky, Janice D., Ill., E133 Comer, James, Ky., E130 Hurd, Will, Tex., E131 Sherman, Brad, Calif., E134 Comstock, Barbara, Va., E130, E133, E134 Langevin, James R., R.I., E132 Taylor, Scott, Va., E134 Davis, Rodney, Ill., E132, E135 Moore, Gwen, Wisc., E134 Tonko, Paul, N.Y., E132 Dingell, Debbie, Mich., E133 Newhouse, Dan, Wash., E131 Wilson, Joe, S.C., E132 Donovan, Daniel M., Jr, N.Y., E129 Norton, Eleanor Holmes, The District of Columbia, Wittman, Robert J., Va., E129 Eshoo, Anna G., Calif., E129 E132 Young, David, Iowa, E134

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