H66 CONGRESSIONAL RECORD — HOUSE January 5, 2021 time location, origin, and destination data, an- goals. The protection of inoculation medical in- Pursuant to clause 8 of rule XX, fur- ticipated time of arrival, and update recipients formation is provided by the: Federal HIPAA ther proceedings on this motion will be on the progress of their delivery and report on medical information privacy law; the Privacy postponed. changes that may impact expected delivery or Act and eliminate access to that information f the viability of the vaccine while in transit; through the Freedom of Information Act; and Provide an advanced communication sys- providing for civil and criminal penalties for ac- b 1230 tem that allows public health departments to cess or use of the information outside the spe- INSPECTOR GENERAL PROTECTION communicate their vaccine readiness, their ca- cific purposes of the collection, which are to ACT pability of receiving vaccines, delivery loca- ensure inoculations; and determination of Mrs. CAROLYN B. MALONEY of New tions, details of facility capability of storing, se- progress in herd immunity goals. Patient In- York. Mr. Speaker, I move to suspend curing, personnel authorized to receive deliv- oculation Data retention limitation—all medical the rules and pass the bill (H.R. 23) to eries, logistics for delivering vaccines to pa- records on inoculation of persons under this require congressional notification for tients, report on vaccine receipts, condition of title shall be destroyed after 5 years—Sunset certain changes in status of inspectors vaccines, patient reactions, and feedback on this provision after 5 years. general, and for other purposes. Keep oversight Committees in the House how to improve the process; The Clerk read the title of the bill. Design custom Apps for use by public and Senate, and the American people in- The text of the bill is as follows: health agencies, doctors’ offices, etc. to be formed through daily and weekly reporting re- provided to patients to communicate informa- quirements comprising data the CDC deter- H.R. 23 tion on the vaccine being received and the mines to be relevant and have public benefit Be it enacted by the Senate and House of Rep- date and location of a second dose if required. in measuring and reporting on inoculation sta- resentatives of the United States of America in Congress assembled, The App should generate a token that cor- tistics; responds to their vaccination record to ensure Establish a stakeholder advisory board to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Inspector that the right vaccine is administered should a support the collaboration and cooperation of General Protection Act’’. second inoculation be required and to ensure participants that shall include representatives SEC. 2. CONGRESSIONAL NOTIFICATION OF that a person is not vaccinated with different from, federal, state, and local governments, CHANGE IN STATUS OF INSPECTOR vaccines, additional information such as vac- businesses, colleges, universities, K–12 GENERAL. cine effectiveness period may be addressed schools, hospitals, clinics, professional med- (a) CHANGE IN STATUS OF INSPECTOR GEN- as more is learned about this; ical associations. Others as deemed essential ERAL OF OFFICES.—Section 3(b) of the Inspec- Secure transportation for delivery or use of to the success of a national vaccination pro- tor General Act of 1978 (5 U.S.C. App.) is vaccines, and, when requested, security for gram. amended— the vaccine delivery sites or inoculation loca- Lead government collaboration with Stake- (1) by inserting ‘‘, is placed on paid or un- paid non-duty status,’’ after ‘‘is removed tions to ensure the life and safety of personnel holders in establishing vaccine inoculation from office’’; and patients who seek to provide or receive centers in locations that shall include: Sta- (2) by inserting ‘‘, change in status,’’ after vaccinations are free of interference or threat; diums; Arenas; K–12 schools; Colleges and ‘‘any such removal’’; and Provide public education and patient en- Universities; Places of Worship; and Other lo- (3) by inserting ‘‘, change in status,’’ after gagement through the provision of inoculations cations determined to be conducive to reach- ‘‘before the removal’’. of persons in areas and locations where vul- ing the greatest number of person who are in (b) CHANGE IN STATUS OF INSPECTOR GEN- nerable populations are under performing in need of inoculations. ERAL OF DESIGNATED FEDERAL ENTITIES.— Section 8G(e)(2) of the Inspector General Act getting vaccinations; EMPOWERING FEMA of 1978 (5 U.S.C. App.) is amended— Waive authority of the states to share vac- FEMA will be empowered to engage all (1) by inserting ‘‘, is placed on paid or un- cination data with HHS; stakeholders and marshals the resources of paid non-duty status,’’ after ‘‘office’’; Provide HHS with the capacity to manage the federal government where needed to ac- (2) by inserting ‘‘, change in status,’’ after the inoculations data on persons and tracking complish the objectives. ‘‘any such removal’’; and the second vaccination to ensure full immunity FEMA employs about 20,000 people nation- (3) by inserting ‘‘, change in status,’’ after and to determine when enough vaccinations wide who are stationed in 10 regional offices ‘‘before the removal’’. have been administered to unique persons to and the Washington DC headquarters. (c) EFFECTIVE DATE.—The amendments achieve herd immunity. HHS shall protect Vac- FEMA has the authority during times of made by this section shall take effect 30 days after the date of the enactment of this Act. cination Data as HIPAA protected data, and emergency to leverage its tremendous capac- SEC. 3. PRESIDENTIAL EXPLANATION OF FAIL- under the Privacy Act, which shall not allow a ity to coordinate within the federal govern- URE TO NOMINATE AN INSPECTOR waiver of any provision of that law; and the ment, pull federal agency personnel from GENERAL. Freedom of Information Act shall not apply to agencies throughout the federal government to (a) IN GENERAL.—Subchapter III of chapter the records maintained. make sure America is equipped and prepared 33 of title 5, United States Code, is amended Provide civil fines of up to $10,000 per vio- to respond to disasters. by inserting after section 3349d the following lation, per instance; and criminal penalties of I ask that my Colleagues join me in support new section: 5 years in prison for violation of this section; of H.R. 22, and greater accountability to the ‘‘§ 3349e. Presidential explanation of failure or for the use of the information outside the American public on what the federal govern- to nominate an Inspector General specific purpose of the data collection, which ment is doing and the budget justification that ‘‘If the President fails to make a formal is to assure full inoculation of individuals; and supports expenditures. nomination for a vacant Inspector General determination of local, state and national herd Mrs. CAROLYN B. MALONEY of New position that requires a formal nomination immunity goals being achieved. Include a data York. Mr. Speaker, I urge passage of by the President to be filled within the pe- riod beginning on the date on which the va- retention limitation—all records shall be de- H.R. 22, and I yield back the balance of cancy occurred and ending on the day that is stroyed after 5 years—Sunset this provision my time. 210 days after that date, the President shall after 5 years. The SPEAKER pro tempore. The communicate, within 30 days after the end of Provide an ombudsman to support: public question is on the motion offered by such period, to Congress in writing— (tribal, territorial, state, and local government); the gentlewoman from New York (Mrs. ‘‘(1) the reasons why the President has not stakeholder input on the work being done; pro- CAROLYN B. MALONEY) that the House yet made a formal nomination; and vide advocacy and advice for those who elect suspend the rules and pass the bill, ‘‘(2) a target date for making a formal not to be vaccinated; and champion the pri- H.R. 22. nomination.’’. vacy, civil liberty rights on behalf of the Amer- The question was taken. (b) CLERICAL AMENDMENT.—The table of sections for chapter 33 of title 5, United ican people. The SPEAKER pro tempore. In the States Code, is amended by inserting after Waive state laws regarding management of opinion of the Chair, two-thirds being the item relating to 3349d the following new inoculation data; in the affirmative, the ayes have it. item: Provide HHS with the capacity as evidenced Mrs. CAROLYN B. MALONEY of New ‘‘3349e. Presidential explanation of failure to by the agency’s prior experience in managing York. Mr. Speaker, on that I demand nominate an Inspector Gen- healthcare.gov, to manage the inoculations the yeas and nays. eral.’’. data on persons; for the purpose of tracking The SPEAKER pro tempore. Pursu- (c) EFFECTIVE DATE.—The amendment the second vaccination to ensure full immunity ant to section 3(s) of House Resolution made by subsection (a) shall take effect on and the management of national inoculation 8, the yeas and nays are ordered. the date of the enactment of this Act and

VerDate Sep 11 2014 04:25 Jan 06, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\A05JA7.014 H05JAPT1 ctelli on DSK11ZRN23PROD with HOUSE January 5, 2021 CONGRESSIONAL RECORD — HOUSE H67 shall apply to any vacancy first occurring on cies and make sure they are filled by position is vacant, my bill would have or after that date. the President in a timely manner. the Council of the Inspectors General SEC. 4. DETERMINATION OF BUDGETARY EF- Inspectors general help combat Fed- on Integrity and Efficiency develop a FECTS. eral fraud, waste, and abuse and im- list of qualified candidates and share The budgetary effects of this Act, for the prove the operations of the executive purpose of complying with the Statutory those with the chief judge of the dis- Pay-As-You-Go Act of 2010, shall be deter- branch departments and agencies. In- trict court in the District of Columbia, mined by reference to the latest statement spectors general help Congress shine who would make the appointment. titled ‘‘Budgetary Effects of PAYGO Legisla- light on areas of the government that That way, a President could not install tion’’ for this Act, submitted for printing in need improvement and oversight. How- political allies as acting inspectors the Congressional Record by the Chairman of ever, both Republican and Democratic general, even ones who didn’t receive the House Budget Committee, provided that administrations have experienced nu- the advice and consent of the Senate, such statement has been submitted prior to merous and prolonged inspector gen- as a way to reduce oversight. the vote on passage. eral vacancies. We should also clarify provisions to The SPEAKER pro tempore. Pursu- The Inspector General Protection make sure that IGs forward legitimate ant to the rule, the gentlewoman from Act would simply require the President whistleblower complaints to Congress New York (Mrs. CAROLYN B. MALONEY) to notify Congress of any change to a without political interference and that and the gentleman from Alabama (Mr. current inspector general’s employ- those whistleblowers are protected PALMER) each will control 20 minutes. ment status. The bill would also re- from political retribution. The Chair recognizes the gentle- quire the President to notify Congress I thank Representative LIEU for spon- woman from New York. if a nomination to replace an inspector soring the Inspector General Protec- GENERAL LEAVE general does not take place within 210 tion Act and Speaker PELOSI for bring- Mrs. CAROLYN B. MALONEY of New days. ing it to the floor as one of our first York. Mr. Speaker, I ask unanimous These provisions will improve con- bills. consent that all Members may have 5 gressional oversight of the executive I hope that this is the beginning of legislative days in which to revise and branch by providing transparency to the 117th Congress’ efforts to improve extend their remarks and include ex- the President’s inspectors general the inspector general system that traneous material on the measure be- nominations. works to improve our Federal Govern- Inspectors general are an indispen- fore us. ment’s systems of administration and sable resource to Congress and to the The SPEAKER pro tempore. Is there protects policies that are important for American people, and Congress can re- objection to the request of the gentle- transparency and integrity of govern- affirm our responsibility to combating woman from New York? ment. government waste, fraud, and abuse by There was no objection. Mr. PALMER. Mr. Speaker, I yield as assuring consistent Federal agency in- Mrs. CAROLYN B. MALONEY of New much time as he may consume to the York. Mr. Speaker, I yield myself such spector general office leadership. I urge my colleagues to support the gentleman from Ohio (Mr. JORDAN). time as I may consume. Mr. JORDAN. Mr. Speaker, the integ- bill, and I reserve the balance of my Mr. Speaker, the Inspector General rity of the inspector general process time. Protection Act was introduced by Rep- Mrs. CAROLYN B. MALONEY of New and the ability of the President of the resentatives TED LIEU and JODY HICE. York. Mr. Speaker, I yield 3 minutes to United States to appoint inspectors An identical measure passed the House the gentleman from Tennessee (Mr. general is dependent on the integrity of in the last Congress. the Presidential election. COHEN). I am proud to support this bipartisan Mr. COHEN. Mr. Speaker, I rise in During the campaign, Vice President measure, which would improve the support of Representative LIEU’s In- Biden would get 55 people at an event. independence of inspectors general. spector General Protection Act. President Trump got 55,000 at just one The bill would also address the disturb- The inspector general system has rally. President Trump increased his ingly slow nomination of IGs that has been invaluable in rooting out waste, vote with African Americans, increased been the norm across multiple admin- fraud, and abuse in our Federal pro- his vote with Hispanic Americans, won istrations. grams, and sometimes even criminal 19 of 20 bellwether counties, won Ohio The bill would require notification of activity. It has also instilled con- by 8, Iowa by 8, Florida by 3, got 11 mil- Congress 30 days prior to an IG being fidence in Federal agencies by ensuring lion more votes than he got in 2016, and placed on leave. Such notification is al- accountability. That, however, doesn’t House Republicans won 27 of 27 toss-up ready required prior to an IG being re- mean the system is perfect. races. moved from duty. Since the initial passage of the In- But somehow Joe Biden, the guy who The bill also would require the Presi- spector General Act of 1978, we have barely left his house, won the election? dent to report to Congress if he has not seen what works and what doesn’t. We Maybe. nominated an IG after 210 days of a va- have added inspectors general and re- But 80 million Americans, both Re- cancy occurring. This report must in- fined their processes. publicans and Democrats, have their clude the reasons for failing to make On January 20, a new President will doubts, and 60 million Americans think the nomination and a target date for be sworn into office and a new adminis- the election was stolen—60 million peo- doing so. The requirement will hope- tration will lead our Federal agencies. ple, over one-third of the electorate. fully prod the executive branch to Before they begin, now is a good time But no one in this town seems to nominate IGs in a more timely man- to update some of our inspector general care. Democrats don’t care. The media ner. requirements. doesn’t care. Eighty million of our fel- IGs provide critical oversight and ac- This bill makes important improve- low citizens have their doubts about countability within Federal agencies, ments by requiring disclosure to Con- the election 2 months ago, and the and the positions need to be filled more gress when an IG is put on nonduty sta- media and the Democrats say: Nothing quickly than is currently the case. tus and why a President has not nomi- to see here. I urge Members to support this bipar- nated a permanent IG for a vacant po- Of course, this town has been out to tisan bill, and I reserve the balance of sition. These updates are necessary, get the President since July 31, 2016, my time. and we must also do more. before he was elected the first time. Mr. PALMER. Mr. Speaker, I yield Last Congress, I introduced the Ap- Four years and $40 million on the Rus- myself such time as I may consume. pointments Clause Enforcement Act. sia hoax, but we can’t look into an Mr. Speaker, I rise in support of H.R. That bill included several important election that 60 million Americans 23, the Inspector General Protection changes to the IG system that would think was stolen? Act. I want to thank Representatives help make inspectors general more Nine weeks since election day, not TED LIEU and JODY HICE for working independent and instill confidence in one investigation, not one hearing in together on this legislation. them. the House of Representatives. We asked H.R. 23 will help Congress track Fed- For example, rather than the Presi- for it. We asked Chairwoman MALONEY. eral agency inspectors general vacan- dent appointing an acting IG when a Mr. COMER and I asked for it. We asked

VerDate Sep 11 2014 02:27 Jan 06, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\A05JA7.012 H05JAPT1 ctelli on DSK11ZRN23PROD with HOUSE H68 CONGRESSIONAL RECORD — HOUSE January 5, 2021 Chairman NADLER. Nope, not going to Mrs. CAROLYN B. MALONEY of New ‘‘(c) PROHIBITION.— do it. York. Mr. Speaker, I have no further ‘‘(1) IN GENERAL.—Not later than 270 days We would welcome an inspector gen- speakers. I urge a positive vote on H.R. after the date of the enactment of this sec- eral investigation, for goodness sake. 23, and I reserve the balance of my tion, the Federal Acquisition Regulation Over 200 affidavits and declarations of shall be amended to prohibit the use of re- time. verse auctions for awarding contracts for wrongdoing, but no investigation in Mr. PALMER. Mr. Speaker, I hope we complex, specialized, or substantial design the Congress—no subpoenas, no deposi- can continue to find bipartisan ways to and construction services. tions, no chance for questioning or build on similar good government re- ‘‘(2) APPLICABILITY TO ACQUISITIONS ABOVE cross-examination of witnesses. forms, such as this bill. THE SIMPLIFIED ACQUISITION THRESHOLD.—The Why? Why won’t they look into it? Mr. Speaker, I strongly urge my col- prohibition on reverse auctions for complex, Why no hearings? Why no investiga- leagues to support this commonsense specialized, or substantial design and con- tion? legislation, and I yield back the bal- struction services shall apply only to acqui- I think it is because deep down they ance of my time. sitions above the simplified acquisition know there were big problems with this Mrs. CAROLYN B. MALONEY of New threshold (SAT) for construction and design past election. They know the Constitu- services pursuant to part 36 of the Federal York. Mr. Speaker, I urge passage of Acquisition Regulation. tion was violated. H.R. 23, and I yield back the balance of ‘‘(d) RULEMAKING FOR COMPLEX, SPECIAL- Article I, Section 4: Time, place, and my time. IZED, OR SUBSTANTIAL SERVICES.—Not later manner for holding elections shall be The SPEAKER pro tempore. The than 180 days after the date of the enactment determined in each State by the legis- question is on the motion offered by of this section, the Federal Acquisition Reg- lature thereof. the gentlewoman from New York (Mrs. ulatory Council shall promulgate a defini- Article II, Section 1: ‘‘Each State CAROLYN B. MALONEY) that the House tion of complex, specialized, or substantial shall appoint, in such manner as the suspend the rules and pass the bill, design and construction services, which shall include— legislature thereof may direct. . . . ’’ H.R. 23. Look at Pennsylvania. Pennsylvania ‘‘(1) site planning and landscape design; The question was taken; and (two- ‘‘(2) architectural and engineering services law says mail-in ballots by 8 o’clock on thirds being in the affirmative) the election day. Election day ends at 8 (as defined in section 1102 of title 40, United rules were suspended and the bill was States Code); o’clock. Mail-in ballots have to be in passed. ‘‘(3) interior design; by 8 o’clock on election day. The Dem- A motion to reconsider was laid on ‘‘(4) performance of substantial construc- ocrat State Supreme Court said: No, we the table. tion work for facility, infrastructure, and en- are going to extend the election day vironmental restoration projects; and f till Friday, till 5 o’clock on Friday. ‘‘(5) construction or substantial alteration Pennsylvania State law says mail-in CONSTRUCTION CONSENSUS PRO- of public buildings or public works. ballots require signature verification. CUREMENT IMPROVEMENT ACT ‘‘(e) RULE OF CONSTRUCTION.—Nothing in The Democrat secretary of state said OF 2021 this section shall be construed to restrict the no. For 2.6 million ballots, she said: We use of reverse auctions for the procurement Mrs. CAROLYN B. MALONEY of New of other goods and services except as specifi- are not going to follow the law. York. Mr. Speaker, I move to suspend cally provided for under this section. Pennsylvania law says mail-in bal- the rules and pass the bill (H.R. 26) to ‘‘(f) REPORT.—Not later than two years lots can’t be processed until election amend the Consolidated Appropriations after the date of the enactment of this sec- day, but some county commissioner Act, 2021, to correct a provision on the tion, the Administrator of General Services shall submit to the Committee on Homeland said no and allowed ballots to be cured, prohibition on the use of a reverse auc- to be fixed, to be changed before elec- Security and Governmental Affairs of the tion, and for other purposes. Senate and the Committee on Oversight and tion day. You can imagine which coun- The Clerk read the title of the bill. ties allowed that, you can just imag- Reform of the House of Representatives a re- The text of the bill is as follows: port on the effectiveness of this section in ine. Democrat counties allowed it; Re- H.R. 26 delivering complex, specialized, or substan- publican counties didn’t. Be it enacted by the Senate and House of Rep- tial design and construction services to the The legislature determines the time, resentatives of the United States of America in United States Government.’’. place, and manner of elections, not Congress assembled, SEC. 3. DETERMINATION OF BUDGETARY EF- State supreme courts, not secretaries SECTION 1. SHORT TITLE. FECTS. of states, not county commissioners. This Act may be cited as the ‘‘Construc- The budgetary effects of this Act, for the All of those entities took actions that tion Consensus Procurement Improvement purpose of complying with the Statutory directly violated the law, the law that Act of 2021’’. Pay-As-You-Go Act of 2010, shall be deter- mined by reference to the latest statement State legislatures enacted, and thereby SEC. 2. AMENDMENT. Section 402 of title IV of division U of the titled ‘‘Budgetary Effects of PAYGO Legisla- violated the Constitution. tion’’ for this Act, submitted for printing in But Democrats don’t care. They Consolidated Appropriations Act, 2021, is amended to read as follows: the Congressional Record by the Chairman of don’t want to look into it. They would the House Budget Committee, provided that rather just belittle 60 million of our ‘‘PROHIBITION ON USE OF A REVERSE AUCTION such statement has been submitted prior to fellow citizens, call them names, say it FOR THE AWARD OF A CONTRACT FOR COM- the vote on passage. PLEX, SPECIALIZED, OR SUBSTANTIAL DESIGN is a conspiracy, make fun of the very AND CONSTRUCTION SERVICES The SPEAKER pro tempore. Pursu- people we are all supposed to represent. ‘‘SEC. 402. ant to the rule, the gentlewoman from Well, guess what. Tomorrow, those ‘‘(a) FINDINGS.—Congress makes the fol- New York (Mrs. CAROLYN B. MALONEY) people will get a chance to hear the lowing findings: and the gentleman from Alabama (Mr. truth. Tomorrow, those 60 million peo- ‘‘(1) In contrast to a traditional auction in PALMER) each will control 20 minutes. ple, those 80 million people who have which the buyers bid up the price, sellers bid The Chair recognizes the gentle- their doubts, will not be treated with down the price in a reverse auction. woman from New York. ‘‘(2) Reverse auctions, while providing disrespect; they will be treated with GENERAL LEAVE value for the vast majority of Federal acqui- the respect they deserve. Mrs. CAROLYN B. MALONEY of New Tomorrow, there will be a debate in sitions, including certain construction-re- lated acquisitions, are limited in value for York. Mr. Speaker, I ask unanimous the people’s House. Tomorrow, the complex, specialized, or substantial design consent that all Members may have 5 Constitution will be defended, and the and construction services. legislative days in which to revise and American people will see the truth. ‘‘(b) REVERSE AUCTION DEFINED.—In this extend their remarks and include ex- They will see how Democrats changed section, the term ‘reverse auction’ means, traneous material on the measure be- the rules in the days and weeks leading with respect to any procurement by an exec- fore us. up to the election and created chaos in utive agency, a real-time auction generally The SPEAKER pro tempore. Is there conducted through an electronic medium our election process. Tomorrow, they objection to the request of the gentle- will see what the late Justice Ruth among two or more offerors who compete by submitting bids for a supply or service con- woman from New York? Bader Ginsburg said: The ultimate date tract, or a delivery order, task order, or pur- There was no objection. of significance is January 6. Tomorrow, chase order under the contract, with the Mrs. CAROLYN B. MALONEY of New the citizens of this great country will ability to submit revised lower bids at any York. Mr. Speaker, I yield myself such see why. time before the closing of the auction. time as I may consume.

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