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

Vol. 163 WASHINGTON, WEDNESDAY, JANUARY 11, 2017 No. 7 House of Representatives The House met at 10 a.m. and was investment by 2020, just to keep our We stand to lose $1 trillion a year in called to order by the Speaker pro tem- country in a state of good repair. By lost sales in 2020, if we fail to build out pore (Mr. FLEISCHMANN). contrast, China, perhaps our greatest our freight infrastructure to keep pace f international rival, spends nearly four with future growth. times of its GDP on infrastructure Congestion is also an issue at our Na- DESIGNATION OF SPEAKER PRO than we do and announced nearly a tion’s airports. Ground delays are be- TEMPORE trillion dollars more infrastructure coming a greater challenge as more The SPEAKER pro tempore laid be- spending just last year. and more people fly regularly. These fore the House the following commu- Put simply, our national infrastruc- delays can have a very serious con- nication from the Speaker: ture system is an embarrassment, sequence, resulting in passengers being earning a D-plus grade from the Amer- late to their destinations, lost produc- WASHINGTON, DC, ican Society of Civil Engineers. It is a January 11, 2017. tivity from cargo sitting on runways, I hereby appoint the Honorable CHARLES J. threat to our economy, to American and increased pollution due to need- FLEISCHMANN to act as Speaker pro tempore jobs, to our national security, and to lessly burning jet fuel. on this day. our environment. In addition to air and ground, we PAUL D. RYAN, We need a public transportation sys- must also talk about our waterways. Speaker of the House of Representatives. tem that gets people where they need Each year millions of tons of material f to be, keeps our roads clear, and makes traverse inland waterways like the our cities better places to live. We need Mississippi River and the Saint Law- MORNING-HOUR DEBATE a freight system that moves products rence Seaway. But, according to the and raw materials quickly, safely, and The SPEAKER pro tempore. Pursu- Army Corps of Engineers, there is a bil- efficiently. We need airways that reli- ant to the order of the House of Janu- lion dollar maintenance backlog that ably move people and cargo around the ary 3, 2017, the Chair will now recog- threatens to keep our waterways from country and the world in a timely man- nize Members from lists submitted by maintaining adequate levels of per- the majority and minority leaders for ner. We need river locks and ports that allow American farmers to ship their formance. morning-hour debate. There are problems in our water and products to market, no matter where The Chair will alternate recognition sewer systems, too. The 240,000 water between the parties, with each party that is. We need water pipes and sewers that transport safe, clean water to main breaks that occur in this country limited to 1 hour and each Member each year cost us more than $2.6 bil- other than the majority and minority every American. And we need to close the broadband gap so that every Amer- lion; not to mention the lost produc- leaders and the minority whip limited ican can take advantage of the oppor- tivity caused by closed roads, lost to 5 minutes, but in no event shall de- tunities the Internet provides. water, and other indirect impacts. bate continue beyond 11:50 a.m. Investing in America’s infrastructure Nearly all of the U.S. underground f is good politics, good economics, and water pipes will reach or surpass their useful lifespans in the next decade. The AMERICA’S INFRASTRUCTURE the right thing to do. Each year, Amer- icans take around 11 billion trips on longer we wait, the higher the price tag The SPEAKER pro tempore. The public transportation systems like will become. Chair recognizes the gentleman from buses, commuter rail, and light rail, Finally, we can use our infrastruc- Illinois (Mr. QUIGLEY) for 5 minutes. contributing to the $58 billion industry ture system to promote economic Mr. QUIGLEY. Mr. Speaker, a strong, that employs nearly half a million peo- growth and economic equality, and one safe, reliable, and efficient infrastruc- ple. And yet, almost half of our Na- great way to do that is to close the ture system is vital for robust and sus- tion’s buses and a quarter of our rail broadband gap and increase access to tained economic growth. Comprehen- assets are in marginal or poor condi- high-speed Internet. As many as 50 mil- sive infrastructure reform is all-inclu- tion. lion Americans live in areas without sive and requires an ongoing invest- My city of Chicago is the crossroads the ability to get high-quality and use- ment by the Federal Government in for the Nation’s freight system, and ful Internet access. Extending the abil- not just our roads and bridges but in each day more than 54 million tons of ity to get online benefits businesses, all of the vital systems that support freight is moved across the U.S., and employees, students, and everyone else our way of life. nearly a quarter of it passes through without this vital utility, all while Currently, the United States needs the Chicago city limits—at times, very spurring economic activities that rip- around $3.6 trillion in infrastructure slowly. ple throughout the economy.

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

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VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.000 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H304 CONGRESSIONAL RECORD — HOUSE January 11, 2017 The benefits of smart investment and Assad and because of Russia empow- are a nation in need of remembering infrastructure are massive. Every bil- ering them and using precision-guided that mission, and it is my sincere hope lion spent in infrastructure creates munitions to hit innocent civilians and that this will change very soon. 13,000 jobs, in addition to improving take their life away. f the efficiency of the system. And every Last week, the U.S. abstained from a IMMIGRATION dollar invested generates almost $3 in vote in the United Nations Security economic activity. Council on the biased resolution tar- The SPEAKER pro tempore. The Conversely, the consequences of fail- geting our ally Israel. Chair recognizes the gentleman from ing to act are dire. Each American Mr. Speaker, rather than turning on Illinois (Mr. GUTIE´ RREZ) for 5 minutes. ´ household stands to lose $3,400 per year freedom-loving nations around the Mr. GUTIERREZ. Mr. Speaker, as I in disposable income thanks to infra- world, we must stand with them. No- have said before, we hope for the best structure deficiencies. That is money where is this more important than in from the new President, but we must taken directly from our constituents’ the fight against terrorism. prepare for the worst. pockets, money they would use to sup- Before the holidays, a list went out Everyone who has looked at the record of the key advisers to President- port themselves and their families, not from ISIS accounts with the names of elect Trump on the issue of immigra- to mention the economy as a whole, churches in the United States that tion has reason for very deep concern which could lose more than $4 trillion should be attacked over the holidays. that the new President is going to fol- in GDP and more than 2.5 million jobs Then, an attack in Berlin took the low the advice of some of the most ex- by 2025. lives of 12 innocent civilians and in- treme voices in the immigration de- We owe it to each other and every jured more than 50 in a Christmas mar- ket. On New Year’s Eve, there was a bate. one of our constituents to act. I urge As for the new President himself, he the 115th Congress to prioritize infra- savage attack at a nightclub in Istanbul, killing 39 revelers and injur- is a bit of an unknown because he structure spending and pass a com- changes his mind on key issues just as prehensive package that addresses all ing dozens. Both attacks were claimed by ISIS quickly as his Twitter feed refreshes. aspects of the connected infrastructure seeking to strike fear into freedom-lov- He says he has a plan for this and a system. ing people around the world. While we plan for that, but they are secret plans, f all must remain vigilant, we cannot and, as far as we know, they are even WE MUST STAND WITH FREEDOM- give in to that fear, and we must con- secrets to him. LOVING NATIONS AROUND THE tinue to live our lives. He knows more about computers and WORLD What we need right now, Mr. Speak- the Internet, ISIS and terrorists, Rus- er, is a renewed American moment, re- sia and NATO than all of the policy ex- The SPEAKER pro tempore. The newed American leadership after 8 perts put together, and he thinks of Chair recognizes the gentleman from years of decline. We need a Churchill himself as kind of the ultimate Presi- Illinois (Mr. KINZINGER) for 5 minutes. moment. I think about Winston dential adviser to the new President. Mr. KINZINGER. Mr. Speaker, I was Churchill after the bombs rained down But it is Trump’s lieutenants who reflecting the other day. Last week, we in London, and instead of hiding and worry most of us. They are the most all joined together in this Chamber, we cowering and talking about how ter- clearly ideological and dangerous set of held up our right hand, and we swore rible it is, he goes out on the streets, leaders ever assembled in American an oath to protect and defend the Con- rallies the people, and says that you Government on immigration and any stitution against all enemies, foreign cannot shatter us. And the people unite number of issues we care about. and domestic. behind him. They are vindictive when it comes to That is an oath I have taken both as It is time for America to exhibit the our immigrant community. The truth a Member of Congress—now on my same kind of leadership exhibited by is that among the new President key fourth term—and as a military pilot, George W. Bush in the bullhorn speech advisers are some of the staunchest op- something similar to that, talking after the fall of the World Trade Cen- ponents of legal immigration. They are about the importance of the military ter. He showed Americans unity, against legal immigration. That is to protect and defend the Constitution. strength, resolve, and he reminded the right. In both of these roles, I have seen first- world that our foundations will not be While we all oppose illegal immigra- hand the sacrifice that men and women shaken even if you shake the founda- tion, and some of us have been working of the military have been willing to tions of our biggest buildings. And you for years to upgrade the American sys- make to defend their freedoms, to de- can shatter our steel, but you can’t tem so that immigrants come with fend the Constitution, defend the coun- shatter the steel of American resolve. I visas instead of smugglers, the people try. haven’t heard speeches like that in with access to the Presidency disagree, This last month was especially tough quite a while from the oval office. and they don’t want immigrants to for our Nation’s security and for our Mr. Speaker, it has been a rough come here at all from anywhere. foreign policy. The 8-year decline of election cycle for our country. It has Look, we have made legal immigra- American global leadership, under the been a tough, very divisive, and dif- tion extremely difficult for everyone President, came to a head. A sad trend ficult time, but now it is time to come and simply impossible for most people. built by the Obama administration together. We are going to have our par- And then we have been relying on de- continued as the White House worked tisan differences and battles, and that portation, walls, enforcement, and cur- with our enemies and abandoned our is fine. That is what we are out here tailing due process rights for immi- friends. for. grants, and that constitutes their im- For one, the recent ceasefire in Syria But, Mr. Speaker, America needs to migration control strategy for the past was reached without United States’ remember our mission, our God-given 25 years. And it hasn’t worked for 25 input, ultimately empowering tyrants mission. I believe that is to be an ex- years. in Iran and in Russia. In fact, to think ample of self-governance to billions of But the American people want a hu- about the situation in Syria, I want to people that don’t have what we have, mane, sustainable, secure, and effec- remind people there are half a million but are desperate for it. tive legal immigration system and a dead Syrians right now, innocent civil- We used that kind of leadership in way for people who already live and ians. And I have heard people say, com- the cold war as millions lived behind work here peacefully in America to be pletely incorrectly, that it doesn’t the Iron Curtain and saw what freedom able to do so within the law. matter; they are all basically terror- could be. And there are iron curtains So, Mr. Speaker, this is why I will ists. Untrue. But let’s say it is. that exist today; terrorism, strongmen, join a few thousand allies here in There are 50,000 children in Syria a resurgent Russia—an iron curtain of Washington this Saturday at the his- that did not get an opportunity to go soft expectations and low expectations toric Metropolitan AME Church on M be a teacher or a police officer or a of people. Street to send a clear message that im- firefighter or a doctor because of ty- For the last 8 years, we failed to ar- migrants and their allies are standing rants in Iran, because of Bashar al- ticulate that mission. Mr. Speaker, we up for immigrant communities.

VerDate Sep 11 2014 23:38 Jan 11, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.002 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H305 And check out the Web site. The D.C. friend and a true patriotic citizen, leagues have left me with a sense of ac- rally will be one of more than 50 public Judge Alli B. Majeed, who has just re- complishment beyond my loftiest actions and marches across America on tired after 24 years of service on the dreams. or about this Saturday the 14th, where bench. ‘‘As I tender my resignation my leaders of the immigrant rights’ move- He was the longest serving county heart is filled with great joy of twenty ment will stand alongside elected offi- judge in the 18th Judicial Circuit. That four years of judicial distance well run. cials, faith, labor, education, and includes Florida’s Brevard and Semi- With credit to President Lincoln, I go LGBTQ leaders to say: we will not nole Counties. Judge Majeed, or A.B. as forth from this place with malice to- allow mass deportation or immigrant many of us know him, was born in the wards none and charity towards all.’’ roundups on our watch. former British colony of Guyana, Judge Majeed was elected president South America, to parents who were of all of the county judges in the State b 1015 descendants of indentured servants of Florida. He has dedicated much of That we do not want endless delays from India. his noncourtroom hours to civic activi- that keep families waiting 10, 15, 20 Having grown up in a small village, ties motivating and educating the pub- years for a visa. That we don’t want his family didn’t have much, and they lic on the virtues of the United States people to have to choose between 10 worked hard for what little they did Constitution and our democratic Re- years in exile or the green card for have. A.B. cherished the opportunity to public. which they qualify under U.S. law be- attend and graduate from high school. Alli Majeed is the father of three cause our laws have been crafted to In 1969, he came to the United States daughters and one son. His wife, punish people by keeping them in an on a student visa. He was Phi Beta Yasmin Majeed, is very active in com- undocumented status even when they Kappa and graduated magna cum laude munity and charitable causes through- can apply to be here legally. That we from Howard University here in Wash- out our community. I ask my col- are committed to defending immigrant ington, D.C. In 1975, A.B. graduated leagues to join me in saluting Judge communities if and when the new from the Catholic University of Amer- Alli Majeed’s achievements, his service President and his henchmen develop ica’s Columbus Law School. to our community, and his commit- Alli became a U.S. citizen on Novem- Muslim registries or neighborhood ment to our country. ber 16, 1979, and began his legal career sweeps or mass roundups disguised as f ‘‘fugitive sweeps.’’ working as an attorney and supervisor We will fight attempts to criminalize at Community Legal Services in Phila- PLAYING POLITICS WITH HEALTH immigrants and fight attempts to take delphia, where he served the needy and CARE away documents from people who are indigent clients. He went on to work as The SPEAKER pro tempore. The now in the system and working on the a criminal attorney, assistant public Chair recognizes the gentlewoman from books, like the 750,000 young people defender, and assistant State attorney. New York (Ms. VELA´ ZQUEZ) for 5 min- I knew A.B. before he was appointed who signed up for DACA. With the utes. as a county judge in 1993 by then-Gov- BRIDGE Act, we will fight so that Ms. VELA´ ZQUEZ. Mr. Speaker, ernor Lawton Chiles to fill a vacancy DREAMers are protected from deporta- House Republicans are playing politics and was subsequently reelected to new tion and can lead the fight for millions with millions of Americans’ health terms unopposed all but one time. Once and millions of other immigrants who care. In fact, if Republicans go forward on the bench, Judge Majeed became have no options under our current law. with their plan to chaotically dis- known as a competent and respected Let’s just be clear, 76 percent of mantle the Affordable Care Act, 30 mil- judge. Latinos in this country are citizens of He also became well known for his lion Americans will lose health insur- the United States. So three-quarters of motivational and educational talks ance. In New York State alone, 1.6 mil- us can vote or will soon be able to vote. about the importance of jury duty to lion of our neighbors, who gained cov- And for Latinos under 18, the percent- groups of new jurors, many of whom erage through ACA, will see their age of Latinos who are U.S. citizens is show up disenchanted about being se- health insurance taken away; and 2.7 93 percent. So don’t think you can de- lected to serve. As someone who has million New Yorkers who have enrolled port us into silence. been a juror and has heard his talk in Medicaid could lose coverage. Don’t think that deporting everyone firsthand more than once, I can prom- But let us remember that this is not and eliminating legal immigration, as ise you that it is extraordinary. No one just about New Yorkers. In fact, the some in the new President’s circle may in my pool of jurors looked forward to sad irony is that many of the Ameri- fantasize, will suddenly make Brown being called for jury duty, but after cans who will lose and be most dev- people disappear from America. We are Judge Majeed’s patriotic, uplifting, and astated by repeal of this law are in red here and we are joined by allies of inspiring lesson, everyone became en- States and counties, the places that every color, shape, national origin and thusiastic about the opportunity to voted for President-elect Trump. Those segment of society. We are men, we are serve. areas have high numbers of Americans women, we are children, we are ‘‘We take an oath to obey, preserve, on the Medicaid rolls. Already, States straight, we are gay and trans, rich and and protect the Constitution of the like Idaho, Nebraska, South Dakota, poor, old and young, and everything in United States of America,’’ said Judge and Georgia are putting Medicaid ex- between; and we are locking arms with Majeed. pansion on hold, waiting to see how ac- all of our allies to say that when you To the Majeed family, this oath is se- tion on the ACA plays out. That means come for any of us, we will force you to rious business. He has three nephews half a million Americans will have to come for all of us. We are here to stay who have served in our Nation’s Armed wait for health benefits. and we stand together. Forces: Steve Majeed, U.S. Navy; Rick But let’s keep in mind that this is I ask all of those interested to please Majeed, United States Air Force; and not just about Medicaid and it is not go to the Web site, Omar Majeed, United States Marines. just about those who obtained coverage www.togetherforimmigrants.com. Join ‘‘I love this country,’’ he said. ‘‘We through the exchanges. What we need us this Saturday. believe deeply in it.’’ to remember is that all the elements of f In his letter of resignation to the healthcare reform work together. If chief justice of the State of Florida, you start chipping away at one part of HONORING JUDGE ALLI B. MAJEED Judge Majeed penned these words: ‘‘I the system, you will see disasters in The SPEAKER pro tempore. The am beholden to the United States of other parts of the market. Chair recognizes the gentleman from America who opened her doors to me as This is about the young person, just Florida (Mr. POSEY) for 5 minutes. a twenty two year old, on a student out of college, who can stay on their Mr. POSEY. Mr. Speaker, on a visa. She allowed me to dream the im- parents’ insurance until they are 26, brighter, more positive, and non- possible dream, then showed me the giving them time to secure employ- partisan side this morning, it is an way to make those dreams come true. ment and coverage on their own. It is honor and a pleasure to recognize the ‘‘Serving the public, interacting with about patients with a preexisting con- lifetime achievements of my longtime the Bar, and my many judicial col- dition who, until the ACA, were barred

VerDate Sep 11 2014 23:38 Jan 11, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.004 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H306 CONGRESSIONAL RECORD — HOUSE January 11, 2017 from securing quality medical insur- Budget Office warned that within 6 may not increase its debt except for a ance. It is about women who have, time years on our current trajectory, inter- specific purpose by law adopted by and again, faced gender discrimination est payments on the debt will exceed three-fourths of the membership of in the insurance market. what we now spend for our entire de- both Houses of Congress.’’ That is it. Just this past Saturday, New Yorkers fense budget. b 1030 in my district rallied together to op- Before we can provide for the com- pose Republican plans to roll back the mon defense and promote the general Such an amendment, taking effect 10 ACA and make America sick again. We welfare, we have to be able to pay for years from ratification, would give the heard from our local hospitals and it, and our massive debt directly government time to put its affairs in healthcare providers who talked about threatens our ability to do so. History order and thereafter, naturally, require how they will be affected by a dramatic warns us that nations that bankrupt future Congresses to maintain both a surge in charity care. Nationally, themselves aren’t around very long. balanced budget and a prudent reserve healthcare providers could get stuck I am confident that the new adminis- to accommodate fluctuations of reve- with $88 billion in 2019 alone and $1.1 tration clearly understands the peril nues and routine contingencies. trillion from 2019 to 2028 in uncompen- this poses to our country. The nomina- It trusts that three-fourths of Con- sated care. This will strain resources tion of MICK MULVANEY to head the Of- gress will be able to recognize a gen- and make it harder for them to provide fice of Management and Budget is a uine emergency when it sees one and care to all their patients. powerful signal that this danger will that one-fourth of Congress will be And we heard from ordinary working soon be addressed aggressively and ef- strong enough to resist borrowing for people who have benefited from the fectively. trivial reasons. The States’ experience ACA, people like Juana Alvarez, who This debt is our generation’s doing. warns us that a two-thirds vote is in- was able, for the first time, to secure It is our generation’s responsibility to sufficient to protect against profligacy. coverage for herself and her family set right. When we do so, we will need Some advocate going much farther through this law. We heard from Susan to leave behind the mechanisms to as- and establishing limitations on spend- Maples, who told us she would not have sure that reckless borrowing never ing and taxation as well, but prohib- been able to start her own business threatens our government again. For iting borrowing sets a natural limit to without the health benefits afforded this reason, last week I introduced a the limits of the people to tolerate tax- under ACA. These are the people Re- proposal for a balanced budget amend- ation and, therefore, spending. The real publicans are planning to harm with ment to the Constitution, H.J. Res. 12. danger is when runaway spending is ac- their irresponsible, chaotic, and de- The beauty of the American Con- commodated by borrowing—a hidden structive attack on our health system. stitution is in its simplicity and its hu- future tax. The best and most effective Now, let me also note this: The Re- mility. The American Founders recog- way to invoke that natural limit is a publican slogan ‘‘repeal and replace’’ is nized Cicero’s wisdom that the best simple prohibition. a sham. laws are the simplest ones, and they In drafting an amendment to guide What are they going to replace the humbly realized they couldn’t possibly not only this generation but all those ACA with? to follow, I would hope that we would They have never—not once—put to- foresee the circumstances and condi- do as the Constitutional Convention gether a realistic, defensible plan to re- tions that might confront future gen- would have done if it had the benefit of place the ACA. The Republican plan is erations. They resisted the temptation Jefferson’s wise counsel: set down the not repeal and replace. It should be to micromanage every decision that general principle only and allow future called ‘‘repeal and displace’’ because it might be made in the centuries to generations, with their own insight will mean displacing millions of Ameri- come. Instead, they set forth general into their own challenges, to put it to cans from their health coverage. principles of governance and erected a So let’s be clear. If you are voting to structure in which human nature itself practical effect. take away the ACA, you are voting to would naturally guide future decisions f take away health care from millions. to comport with these principles. HONORING FNS UNDERSECRETARY In crafting a balanced budget amend- And for those who do retain their em- KEVIN CONCANNON ployer-based coverage, you are voting ment, we need to maintain these quali- The SPEAKER pro tempore. The to increase their premiums, as millions ties. We should not attempt to tell fu- Chair recognizes the gentleman from of healthy Americans are taken out of ture generations specifically how they Massachusetts (Mr. MCGOVERN) for 5 the insurance pool. This is a recipe for should manage their revenues and ex- minutes. disaster. It is a plan to make America penditures in times that we cannot Mr. MCGOVERN. Mr. Speaker, I rise sick again, and it cannot stand. foresee or comprehend. The experience I urge my colleagues to think about of many States that operate under today to pay tribute to the incredible what you are doing. Think about going their own balanced budget amendments work of Kevin Concannon, Under Sec- home and looking in the eyes of your tells us that the more complicated and retary for Food, Nutrition and Con- constituents and telling them you convoluted such strictures become, the sumer Services at the United States voted to take away their health cov- more they are circumvented and ma- Department of Agriculture. erage. Enough playing politics with nipulated. Kevin’s dedication to public service health care. In 1798, Thomas Jefferson wrote this is admirable. Throughout his distin- observation to John Taylor: ‘‘I wish it guished career, Kevin has not only f were possible to obtain a single amend- served in Federal Government, but he TIME TO GET SERIOUS ABOUT A ment to our Constitution. I would be also led Health and Human Services de- BALANCED BUDGET AMENDMENT willing to depend on that alone for the partments in his home State of Maine The SPEAKER pro tempore. The reduction of the administration of our and in Oregon and in Iowa. Kevin also Chair recognizes the gentleman from government to the genuine principles helped to advance our knowledge of so- California (Mr. MCCLINTOCK) for 5 min- of its Constitution; I mean an addi- cial policy as a graduate professor at utes. tional article taking from the federal several universities across our country. Mr. MCCLINTOCK. Mr. Speaker, in government the power of borrowing.’’ Since 2009, Kevin has capably led the last 8 years, our Nation’s debt has What is a balanced budget? It is sim- FNS, the division of USDA responsible doubled. That means that the Obama ply a budget that doesn’t require us to for administering and overseeing administration has borrowed as much borrow. So why don’t we just say so, as SNAP, the National School Breakfast in just 8 years as our government bor- Jefferson did? and Lunch Programs, the Summer rowed in the 220 years between the first Instead of trying to define fiscal Food Service Program, WIC, The Emer- day of the George Washington adminis- years, outlays, expenditures, revenues, gency Food Assistance Program, and tration and the last day of the George emergencies, contingencies, triggers, several other nutrition programs. W. Bush administration. sequestrations, and on and on, I would Under Kevin’s leadership, we have Our interest costs are now eating us hope we would consider 27 simple made significant progress in ensuring alive. Last year the Congressional words: ‘‘The United States Government our most vulnerable neighbors have

VerDate Sep 11 2014 23:38 Jan 11, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.006 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H307 healthy options to feed their families. tempt. We have heard them denigrate anything in politics. And while I know that He helped to spur a dramatic increase the plight of those struggling in this there were many, many people in this same in the number of farmers markets ac- country. We have heard them belittle boat, for today, while I write this letter, it is cepting EBT cards, thereby allowing their struggle. Quite frankly, that is about my kids getting to keep their mom and about me keeping the ability to see SNAP recipients greater access to unacceptable. them grow up. fruits and vegetables while also sup- I urge my colleagues to learn from I know PPOs won’t suddenly appear on porting local farmers. He also oversaw Kevin Concannon, to be inspired by his healthcare.gov because I sent this email. I the creation of USDA’s Farm to School example, and to do what we can all do know this can’t be immediately fixed. But I Program, an effort focused on incor- together to try to end hunger now. write because it needs to be said; it needs to porating local foods in our school meal I ask all of my colleagues to join me be heard; it needs to be acted on. programs. in recognizing his incredible accom- I don’t know the right actions that need to During his tenure, we enacted the happen. I will leave that to your area of ex- plishments. We wish him well in his pertise. But I know the way it is now doesn’t Healthy, Hunger-Free Kids Act, legisla- next chapter, but we will certainly work. tion that, for the first time in over 30 miss his expertise and passion at FNS. In the past, I paid a lot and had my share years, made much-needed improve- f of insurance issues, but at least I could still ments and increased access to our choose my own doctor. At least in a crisis, school meal programs. RESTORE THE PROMISES OF HIGH which I have had, I went straight to the doc- Kevin oversaw our Nation’s premier QUALITY OF CARE, LOWER tor who knew me and my history and could antihunger program, SNAP, as it pro- PRICES, AND DOCTOR OF CHOICE resolve it without a referral and delay after delay. vided millions of our neighbors with The SPEAKER pro tempore. The food assistance during the height of the HMOs might work for some, but not for Chair recognizes the gentleman from those who don’t want one. Letters to a Con- Great Recession and the recovery that Texas (Mr. OLSON) for 5 minutes. gressman are supposed to be more formal, followed, and he has been a fearless ad- Mr. OLSON. Mr. Speaker, Texans but seriously, what country are we in? vocate for the food and nutrition pro- know the difference between right and I am not asking for a handout. I am asking grams he oversees. When it comes to wrong, between truth and lie. for a reasonable choice of a basic PPO, which the nuances of SNAP or WIC or school The Democrats promised four things I have paid for in the past and am asking to have the option to pay for now. meals, Kevin’s knowledge and expertise when they passed ObamaCare: number is simply unmatched. He knows the I am not just writing to vent. I am asking one, you can keep your insurance; for some sort of solution through this train issues impacting vulnerable families, number two, you can keep your doctor; wreck of healthcare options or lack thereof. and he is passionate about addressing number three, you have a better qual- If President Obama thinks this is actually hunger in this country. ity of care; and number four, that care working, then he is more blind than me. And Mr. Speaker, during the past several will come at a lower cost. Within that is as nice as I can be now. years, I have had the privilege to col- weeks, we found out that all four prom- Thanks for hearing me out and for looking laborate with and learn from Kevin as ises were being broken; all four were for solutions that impact real lives. Respectfully, Andrea Kulberg. we worked to address hunger and food lies. insecurity in the United States. I am But don’t take my word for it. Take Mr. Speaker, I don’t care if you are a particularly appreciative of the time the word of the constituent from Texas Democrat or Republican. Hear he took away from his office in Wash- 22, my boss Andrea Kulberg. Andrea Andrea’s words—act. Let’s rescue An- ington to join me on two summer meal writes: drea from ObamaCare and restore the tours in my home State of Massachu- promises of quality of care, high qual- I am a 42-year-old, legally blind, single par- setts. Together, we visited a number of ent in Sugar Land, self-employed, working ity of care, lower price, doctor of schools, parks, camps, and community very hard to rear two great kids, ages 15 and choice. centers supported by USDA’s Summer 13. f Food Service Program that ensures I have a master’s degree in education and AFFORDABLE CARE ACT REPEAL children and teens in low-income areas work extremely hard to provide a stable, AND REPLACE have access to healthy meals during comfortable life for my kids. In doing so, I the summer months. have invested time and dollars into my own The SPEAKER pro tempore. The I was always impressed by how he health care because the kids need me to be Chair recognizes the gentlewoman from healthy. connected with my constituents and California (Ms. BROWNLEY) for 5 min- I lost my right eye a few years ago to com- his passion for the work he does. He is, plications from ROP, too much oxygen at utes. truly, a remarkable public servant, and birth, and my left eye is severely impaired Ms. BROWNLEY of California. Mr. he has made a real difference in the with potential for complications that would Speaker, I rise this morning to share lives of millions and millions of people need immediate specialized care. I have dif- the story of Judith and her daughter in this country. ferent specialist doctors for different issues KC. Mr. Speaker, I am grateful for Under related to each eye. Like all mothers, Judith only wants Secretary Concannon’s efforts on so Additionally, I am a cancer survivor, renal the best for her children—to live a full many levels, but I especially appre- cancer, RCC, which also requires specialist and purposeful life, the ability to pur- follow-up. For these reasons and others, I sue their dreams and reach their ut- ciate all he has done to try to end hun- have spent time and efforts to get drivers to ger in our country. There are too many take me to specialists for these specific posi- most potential. However, at a very people in the United States of America, tions. young age of 11, KC was formally diag- the richest country in the history of Over the years, I have paid high healthcare nosed with bipolar disorder. This the world, who are hungry; and, quite premiums for this, usually around $500 per health condition causes KC to have un- frankly, we could all do more in this month—that is crazy in itself—for a PPO to controllable mood swings, to perceive Chamber. allow me freedom to keep my existing doc- reality differently, to see and hear Sadly, Congress too often in the past tor. I paid these fees and sacrificed other lux- things that aren’t there, and to some- has voted in ways and advocated for uries in life so I could get the care I needed times even become disconnected with with the doctors I wanted. They are the best policies that have actually made hun- doctors in their respective fields, and my reality altogether. ger worse in this country. In all can- trust in them is important with this type of It has taken an enormous emotional dor, I am concerned about the future of care. and physical toll on KC and her family. some of these programs that provide I don’t have the PPO option now for my As a mom of two kids, I cannot imag- food and nutrition to vulnerable citi- health care in 2016 through the ACA. The ine the difficulties that Judith has zens. I am concerned based on the rhet- HMOs and EPOs being offered are not being faced. Some nights, Judith had to hold oric of leaders in this House of Rep- accepted by my doctors. her daughter tightly all night long to resentatives, and I am concerned by I am certain you have heard this as well, help her through her psychosis and her but I am writing to you anyway because it the rhetoric of the President-elect and has to be said that among these needs of panic, not to mention the emergency his potential Cabinet. Time and time many others in similar situations as my hospitalizations. again, we have heard them talk about own, my remaining eyesight and renal func- Living with this condition has been a those in poverty with disdain and con- tion should never be less important than lifelong struggle for KC and for her

VerDate Sep 11 2014 23:38 Jan 11, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.008 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H308 CONGRESSIONAL RECORD — HOUSE January 11, 2017 family. It requires a combination of Mr. THOMPSON of Pennsylvania. Show is the food court, which is lo- daily medications, weekly psychiatric Mr. Speaker, I rise to celebrate an in- cated in the complex. The food court treatments, hospital visits, and con- dustry that allows Americans to have offers visitors a variety of Pennsyl- stant support and medical care. And access to affordable, high-quality, and vania preferred products, and it gen- that is only half the story. safe food—the agriculture industry: our erates income to support the nonprofit Without this intensive treatment, KC farmers, our ranchers, farm families. Pennsylvania Agricultural Commodity would simply be unable to function. Without food security, we do not have Organizations. There is where you will With it, she has the tools she needs to national security; so I am here today find the famous Farm Show baked po- live a healthy and productive life. to recognize all of those who work so tatoes. When KC was younger, she was cov- hard in that industry. The Pennsylvania Cooperative Po- ered by a family healthcare policy, but Over the weekend, some members of tato Growers, Inc., is the oldest in the even then, Judith needed to pinch pen- the House Agriculture Committee were United States, chartered in 1922. The nies and barely scrape by due to the able to join me in Harrisburg, Pennsyl- money raised during the week helps to high cost of insurance co-pays and vania, our State capital, to attend the support the marketing and the pro- deductibles, costing her $13- to $15,000 101st annual Pennsylvania Farm Show. motion of Pennsylvania potatoes. per month. To try to keep up with her This event has been widely attended Money is also used to pay the dues for never ending medical bills, Judith used for generations, and it is the largest in- Pennsylvania growers to belong to na- all of her retirement savings. door agriculture expo in the country. It tional potato organizations, fund re- When KC reached adulthood, she was showcases 300 commercial exhibits, search projects, and promotional op- bumped off the family insurance plan. 6,000 heads of animal, 10,000 competi- portunities for Pennsylvania’s growers. Fortunately, KC qualified for tive exhibits, and more than a half a Our delegation was able to stop by and healthcare coverage through the ACA million visitors. sample some of the well-known potato Medicaid expansion. Without it, she On Saturday, Agriculture Committee doughnuts. and her family would have had no via- Chairman MIKE CONAWAY and I hosted The Pennsylvania Dairymen’s Asso- ble alternative. a public listening session. We wanted ciation is also on hand at the expo. The ACA provided KC with access to Members of Congress to hear directly This service organization provides reliable, consistent medical care that from farmers and ranchers, from FFA scholarships, youth programs, and ag- has been vital to her well-being and has members, from kids in 4–H—the future ricultural education programs across allowed her to thrive. of agriculture—on how agriculture pol- the Commonwealth. It also maintains b 1045 icy impacts them. the milk house facilities that are lo- I am very happy to share that KC fin- I thank the following Members who cated in the farm show complex. The ished her bachelor’s degree in May and were able to join us at the farm show: Dairymen rely on the revenues that are is now pursuing her master’s in coun- Congressman MARK AMODEI, Congress- generated during the farm show to fund seling psychology. man LOU BARLETTA, Congressman TOM their activities, including a statewide With her own struggles as her inspi- MARINO, Congressman DAN NEWHOUSE, fresh milk program, called Fill a Glass ration, she decided to make psychology and Congressman TED YOHO. with Hope. All of their activities are her life’s work, and Judith says that We covered a range of topics, Mr. bolstered with the sales of milkshakes, KC is now the person whom everybody Speaker, during our public forum, from milk and chocolate milk, ice cream goes to anytime one has a problem or raising awareness about agriculture sundaes, grilled cheese sandwiches, ice needs comfort. education, to hearing very real con- cream cones, and my favorite—fried Without the healthcare coverage that cerns from our dairy farmers, to receiv- cheese cubes. KC obtained from the Affordable Care ing an update from our forest industry Over a century ago, the first Penn- Act, she would never have been able to about the best ways to strengthen for- sylvania Farm Show was a 3-day ex- obtain private health insurance due to est management. As chairman of the hibit. Today, the event is a weeklong her preexisting conditions and rigorous Agriculture Subcommittee on Con- celebration of how the agriculture in- health needs. With the Affordable Care servation and Forestry, this was of par- dustry touches our lives every day. If Act, Judith was able to see her daugh- ticular interest to me. you pick up a fork, a spoon, or a knife, ter realize her dreams. The Pennsylvania Farm Show, which you are touched by agriculture. Proud- I know all of you who are parents continues throughout this week, brings ly, this event draws visitors from want the same for your children; so, together so many different farmers and across the country to highlight every- when I hear my colleagues on the other growers and ranchers, all with unique thing our State has to offer when it side of the aisle talk about eliminating issues. This, truly, is an event like no comes to agriculture. KC’s healthcare coverage, I get a pit at other. The Farm Show Complex and As the 115th Congress begins to ad- the bottom of my stomach. This is not Expo Center houses 24 acres under one dress the next farm bill, listening ses- about politics; this is about people’s roof, spread throughout 11 buildings, sions like the one that we hosted Sat- lives. This is about KC’s life and Ju- including three arenas. There is no ad- urday will continue to be critically im- dith’s life and the lives of 20 million mission fee. It is a great event for the portant. Policy that is based on discus- Americans who have gained healthcare entire family, and there are numerous sion within the vacuum—the beltway— coverage because of the Affordable educational shows that are, obviously, of Washington usually fails and falters. Care Act. all free of charge. When we open it up to the people who Today, I rise to speak up for KC and This year’s theme is ‘‘Our Common- are impacted, we get the best policy. If for Judith and for the millions of other wealth’s Blue Ribbon Experience.’’ It you are looking for the best agri- Americans whose lives would be put in reminds us that there really is some- culture expo in the country, head to jeopardy if we repeal the ACA without thing for everyone, farmers and non- Harrisburg this week. our having an adequate replacement. farmers alike. The Pennsylvania Farm f I urge my Republican colleagues to Show provides an atmosphere for ev- MEETING THE THRESHOLD OF UN- reconsider this reckless repeal that eryone to walk through, observe, and AMERICAN would throw our entire healthcare sys- educate themselves about different tem into chaos and take lifesaving care areas of agriculture and to be able to The SPEAKER pro tempore. The away from those who need it the most. reconnect with the farm—the Common- Chair recognizes the gentlewoman from f wealth’s largest industry, which brings New Jersey (Mrs. WATSON COLEMAN) for in nearly $6.9 billion annually in agri- 5 minutes. HOUSE MEMBERS ATTEND 101ST cultural cash receipts. Almost a half Mrs. WATSON COLEMAN. Mr. PENNSYLVANIA FARM SHOW million jobs are tied to the industry, Speaker, what is more important than The SPEAKER pro tempore. The which positively impacts all Penn- being the President of the United Chair recognizes the gentleman from sylvanians. States? For all of us here, that is a no- Pennsylvania (Mr. THOMPSON) for 5 Undoubtedly, one of the most popular brainer; but, each day, I find myself minutes. attractions at the Pennsylvania Farm asking that of the President-elect.

VerDate Sep 11 2014 23:38 Jan 11, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.010 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H309 Last night, we watched President you is American; attacking them when political lines. Those are armistice Obama say farewell to the country he they call untruths and inciting your lines. Israel won the war for their inde- served. For the past 8 years, parts of supporters to do the same is not. pendence. They beat back the Arab ar- our country disparaged him, and some For these reasons and a host of oth- mies. You had Egypt controlling the of our colleagues fought him tooth and ers, I simply ask the question: At what Gaza Strip and you had Jordan control- nail at the expense of their constitu- point do the actions of our next Presi- ling Judea and Samaria, what we know ents; but, each day, we were assured dent—President-elect Donald Trump— as the West Bank. meet that threshold of un-American? that our outgoing President put this b 1100 country and our interests first. The SPEAKER pro tempore. Mem- President-elect Trump seems to serve bers are reminded to refrain from en- So those were armistice lines, never himself. Yesterday, several news gaging in personalities toward the internationally recognized. Jordan’s sources reported the possibility of a President-elect. occupation of the West Bank was not continuing exchange of information be- f recognized internationally. When Arafat founded the PLO, it was tween Russia and Trump campaign of- U.N. RESOLUTION 2334 ficials during the election; so, in the in 1964, ’65, when you still had these ar- The SPEAKER pro tempore. The face of yet another troubling revela- mistice lines. So the Palestine Libera- Chair recognizes the gentleman from tion that further sullies the ground on tion Organization, what are they try- Florida (Mr. DESANTIS) for 5 minutes. which his loyalty to America stands, I ing to liberate Palestine from? He is Mr. DESANTIS. Mr. Speaker, U.N. not talking about the West Bank. He is have questions: Resolution 2334 was an anti-Israel reso- Is our President-elect willing to sac- talking about Israel proper. He wanted lution that sought to erase the history rifice his personal gain for the good of to push the Jews to the sea. of the Jewish people and their connec- So why would we be rewarding? Pal- this great Nation? tion to their historic homeland. When will we find out if he has ful- estinian Arabs rejected a state in ’48. Under U.N. Resolution 2334, the West- They rejected a generous offer in 2000, filled his legal obligation to pay taxes ern Wall, which is the holiest site in 2007. Every time, they have chosen to like millions of Americans do? Judaism and the last remnant of the go to war with Israel, and they are How can we be sure that our interests Second Temple, is considered occupied more opposed to a Jewish state than will take precedence if we don’t even territory. You can’t even make this up. they are interested in their own state. know that they ever have? I think it is important to point out We do have an example, though. Will this White House serve as that the territory at issue, which we What happens? You talk about Israel ‘‘Trump Tower South’’? are talking about, including the West occupation. They don’t occupy the The actions and words of the Presi- Bank, which is historic Judea and Sa- Gaza Strip. What is the Gaza Strip? Is dent of the United States have a loud maria—some of the oldest Jewish lands this like a nice la-la land on the Medi- and reverberating effect through the dating back thousands of years—is dis- world economy and the international puted. It is not occupied territory. terranean? No. It is a terror state con- political system. When you use that term for things trolled by Hamas, and they launch in- To date, President-elect Trump’s like the Western Wall, you show that cessant rocket attacks against Israel. promises to America have been hollow all you are trying to do is to harm and So a Palestinian state in this area, and his actions self-serving. President- attack the State of Israel but not do Judea-Samaria—West Bank—would be elect Donald Trump does not merely this in an intellectually honest way. If what they call judenrein. It would be offer an alternative direction for our you look at the Balfour Declaration, free of Jews. They would ethnically Nation; he, it seems, offers to use the that entire mandate was originally for cleanse every Jew who was in anything Presidency primarily for his personal a Jewish state, including what is now considered earmarked for Palestinian benefit. Jordan. Arabs. It is an interesting contrast, be- When given an opportunity to set As we got into the 1920s, Britain cause in Israel, Arab Israelis live and these concerns aside, he scoffs at his thought that giving what was called prosper, and they are treated as equal critics and embraces our Nation’s en- Transjordan—what is considered to be citizens. emies. Instead of making reasonable the eastern part of Palestine—would be So we have to get this straight. What attempts to reassure the American a reward for the help of some of the the U.N. did was totally unacceptable. public, whom he will soon swear to pro- Arabs during the First World War. This body needs to remove funding for tect, he gaslights us with tweets, That had been under Turkish control the U.N. until they repeal that offend- mockery, and lies. for hundreds of years before World War ing resolution, and the new administra- In the past, we have seen the term I. It was then under British control. tion needs to move our embassy from ‘‘un-American’’ used to indict members You have this British mandate, and Tel Aviv to Jerusalem in a show of sol- of the public executing their civil lib- they eventually give Jordan everything idarity with our friends in Israel. erties. Antiwar advocates protesting east of the river; but then Jewish Pal- f for peace have been called un-Amer- estine—this is a Jewish state, which is ACA REPEAL AND DELAY ican. Civil rights leaders standing all of Israel proper: Jerusalem, Judea against discrimination have been and Samaria, you name it—was what The SPEAKER pro tempore. The called un-American—just ask Senator Britain wanted to do. The League of Chair recognizes the gentlewoman from JEFF SESSIONS. Professional athletes Nations in 1922, which is the last le- California (Ms. SPEIER) for 5 minutes. taking a knee to acknowledge sordid gally binding document, recognized Ms. SPEIER. Mr. Speaker, the Re- realities within our justice system are that as well. publicans’ plan to repeal the Affordable deemed un-American, and comedians Fast-forward past World War II and Care Act should be entitled repeal and and pastors, alike, for using their we get into the late forties. The Arabs collapse, because it will generate, in microphones to criticize our Nation. always rejected having a state shared this country, a financial and But, quite frankly, dissent is Amer- with Israel in that respect. Then we get healthcare meltdown for tens of mil- ican; protest is American; criticism is to 1948 and the U.N. Partition Plan. lions of people. American. Healthy skepticism toward How much measly less territory for In fact, if we repeal the ACA, 30 mil- our national intelligence is American. Israel? It is really an indefensible coun- lion Americans will lose their health Disparaging and discrediting it is not. try. There is a massive Arab state insurance. States and hospitals will be Working with foreign powers to en- there; yet Israel accepted even these on the hook for $1.1 trillion in uncom- sure peace is not only American, but little crumbs of territory. What did the pensated care, and rural hospitals will also Presidential; inviting a foreign Arabs do? They rejected having a state. close. power to compromise the cybersecurity You had invasions against Israel from It will cost the country 3 million of private citizens is not. all sides, and the goal was the annihila- jobs. All of this is to give the top one Empowering Americans to become tion of the Jewish state in 1948. half of 1 percent an almost $200,000 tax involved in the political process, to Between ’48 and ’67—we always heard break and costs middle class families take action, and to even be critical of about these 1967 lines. Those are not as much as $6,000 more a year. Once

VerDate Sep 11 2014 01:02 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.012 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H310 CONGRESSIONAL RECORD — HOUSE January 11, 2017 again, the Republicans are taking care 100 million expected to tune in on tele- That is just not a problem in Texas. of the richest while imposing tax hikes vision. ObamaCare is failing nationwide. It is on hardworking Americans. The Department of Homeland Secu- now the unaffordable, no-care act. That As this chart shows, the ACA has rity calls the Super Bowl the most at- is why I support repealing and replac- caused dramatic reductions in every tractive target for those who want to ing it. The House will set up the frame- age group across the entire market- commit harm. Thanks to partnerships work to do just that with the budget place in terms of uninsurance, a 50 per- between local, state, and Federal offi- bill we expect to pass this week. It sets cent reduction in uninsured in Amer- cials, K9s will be deployed for bomb de- up budget reconciliation that will be ica. tections, officers on the lookout for the vessel for beginning to fix this fail- So what does this mean to the aver- suspicious activity, and air security ing law. age American? For my constituent, will be ramped up, to name just a few I am looking forward to a healthcare Penny Floor, it could return her to a of the precautions. system that allows individual con- time when she lived with no health in- Law enforcement is doing a great job sumers more choice in the plan that surance whatsoever. of reminding everyone who plans to at- they pick, a healthcare system that Here is a picture of Penny. She works tend: if you see something, say some- will return choice to the American con- for the San Mateo Community College thing. Since it is January and it is sumer while ensuring that people can’t District and is one of the 27 percent of Human Trafficking Awareness Month, I be turned away or lose coverage due to Americans under the age of 65 who want to remind everyone that ‘‘see age, medical condition, or cir- cumstances. have a preexisting condition. She is something, say something’’ doesn’t just apply to unattended backpacks. I also look forward to a healthcare now at risk, thanks to the GOP’s reck- system that protects Medicare for sen- less ideological agenda, to lose her During a recent meeting on Capitol Hill, DHS reminded all of us that ior citizens while ensuring Medicare is health insurance. financially solvent and will be there This is Penny’s story in her words: events such as the Super Bowl bring the good, the bad, and the ugly. While for future generations. I tried to buy health insurance in my thir- I also look forward to a healthcare a majority of the attendees are coming ties and in my forties, and both times I was system that is free of burdensome bu- turned down and was told I was ineligible. to have a good time and with good in- reaucracy and a tax system that ham- Basically, I didn’t lie on the portion of the tentions, the few who do not can dis- pers the development of new medical form that asked if I had ever been hospital- rupt and ruin many lives. devices and therapies, discourages sav- ized for mental illness. I said I was treated So I ask those who attend to help us for depression when I was 17, and for that I ings, and penalizes employers and the in keeping Texas one of the safest and American people if they don’t do Uncle was denied the ability to purchase health in- best States in the country by reporting surance. Sam’s bidding. For a long period of my adult life, I had no anything to law enforcement they may I have heard from restauranteurs in health insurance. I worked for a nonprofit believe to be suspicious and allow my area. In Port Aransas, I ran into a childcare center and had no coverage. I got trained officers to investigate. This in- guy at the airport. He said: I want to married in my forties, and both my husband cludes suspected human trafficking. expand my restaurant, but it will put and I went to graduate school and were cov- According to the Polaris Project, me over the limit for employees and ered then. But when we received our degrees, warning signs of someone being a vic- put me under ObamaCare. I just can’t the coverage ended. My husband was work- tim of human trafficking include not afford it. ing as a freelance computer programmer. He being allowed to leave or come and go So he chose not to expand. He wasn’t ended up taking a corporate job that wasn’t as they wish; appearing malnourished; his dream job so we could be insured. able to hire more people, give people He is still there today. He is 62, and I am not being in control of his or her own jobs. 60, and we live in fear he will be laid off. I am identification documents; not being al- Another restaurateur in Corpus holding my breath that there will be some lowed to speak for themselves; and Christi said: You know, I am over the coverage through Medicaid if that happens, showing signs of physical abuse, tor- limit now, but I am only hiring part- or if we make it to retirement. ture, or physical restraint. time people. I can’t afford the cov- When I was younger, I was lucky enough to While law enforcement will be erage, and I can’t afford to raise prices have incredible health. I didn’t go to the doc- ramping up efforts to reach out to vic- because the market just won’t bear tor or the dentist for 10 years. I was con- tims and give them the resources they more expensive meals. stantly terrified that I would be in a car ac- need to get help, it lies on each and This means that people who could cident and would be sued. And I was afraid have gotten full benefits under a dif- my family would be bankrupt trying to take every one of us to be aware of our sur- care of me. roundings and help when someone is in ferent plan are having to suffer with no Thank God for Planned Parenthood and ac- trouble or something is not right. benefits and work two part-time jobs cess to birth control. It is the only medical It is important to remember that rather than a full-time job. attention I received during that time be- human trafficking doesn’t just happen It is time we repeal and replace cause their sliding pay scale was the only during large sporting events. It hap- ObamaCare and replace it with a thing I could afford. pens every day, often going unseen. healthcare plan that meets people’s Now I am 60, though, and I do have health While events like the Super Bowl help needs, not Washington, D.C.’s needs. issues. I was hospitalized earlier this year for bring it to our attention, it is impor- You can read more about the House blood clots in my legs and lungs. It was scary plan at Better.GOP. and expensive, but we had good coverage. tant to remember that, when the event But if the ACA is repealed and Medicaid is is over, men and women, boys and girls f affected, I don’t know what we will do. We are still being victimized each and FLOODING AND WATER STORAGE are educated, not poor, very productive every day. The SPEAKER pro tempore. The members of society, and we are scared. UNICEF has estimated there were 1.5 Chair recognizes the gentleman from These are the words of a real Amer- million victims of human trafficking in California (Mr. COSTA) for 5 minutes. ican, my constituent, Penny Floor. the United States alone in 2014, and Mr. COSTA. Mr. Speaker, I rise today f that number soars to 27 million world- to speak about the water conditions wide. This is a problem that is going to HUMAN TRAFFICKING MONTH facing California as I have for many continue to need our attention 365 days times over the last 6 years. The SPEAKER pro tempore. The a year. We have got to work together Today, obviously, we have recent Chair recognizes the gentleman from to end this form of human slavery. storms that we welcome in California. Texas (Mr. FARENTHOLD) for 5 minutes. OBAMACARE REPEAL AND REPLACE Over the past several days, my district Mr. FARENTHOLD. Mr. Speaker, Mr. FARENTHOLD: Mr. Speaker, I has received above-average rainfall and this year, Texas has the great honor of spend most of my time, when Congress snow in the mountains; and we wel- hosting the Super Bowl. In just a cou- is not in session, back home in Texas. come that. But also that presents flood ple of weeks, Houston will host the I hear over and over again from con- conditions. largest event of the year in the United stituents: ObamaCare is not working After over 5 years of record-breaking States with approximately 100,000 peo- for me. Premiums are too expensive drought conditions, of course, we wel- ple expected to attend and more than and deductibles are too high. come the rain and snow; but there is

VerDate Sep 11 2014 01:02 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.014 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H311 also destructive flooding that is occur- witnessed in the last 10 days, when we At this time, I feel compelled to ring as a result of that. see greater rainfall amounts, increased point out that Federal law has been Regrettably, to reduce this potential flooding, and snow pack—that we have changed and currently prohibits the flooding, we are having to let this the water storage capabilities to meet Department of Justice from spending water go out to the ocean. This pre- the captured water during the wet appropriated funds to prosecute indi- cious water could be extremely bene- years so we can use it during the dry viduals who are acting in compliance ficial to farmers, farmworkers, and ones. Common sense tells us that. with their State’s medical marijuana farm communities in the dry years. b 1115 laws. In fact, a provision has been in But, of course, we can’t store it be- the law since December 2014, when Con- I urge my colleagues in Congress and cause the storage is not there. gress passed and President Obama the people of California to continue to This water could be used to replenish signed into law the Consolidated Fur- work together on a bipartisan basis be- groundwater aquifers that were de- ther Continuing Appropriations Act. cause it is the only way we ever get pleted during these drought conditions The act included a provision passed on anything done. So for the new adminis- and could be carried over for ground the floor of the House as an amend- tration, for my colleagues in the new storage for use in dry years. This water ment earlier that year by a vote of 219– Congress, and for my friends back in could help ensure that farming commu- 189. The following year, a similar provi- California, we must work together. If nities would not continue to deal with sion was passed by a wider margin of California, one of the most prosperous double-digit unemployment levels that 242–186. That provision, offered by my- we have had to face over the last 6 States in the Nation, the seventh or eighth largest economic power in the self and cosponsored by my colleague, years. SAM FARR, restricts the Federal Gov- It is why we need to invest more in world, cannot fix the water challenges that we face in the 21st century, God ernment from superseding State law the water storage projects in Cali- when it comes to the use of medical fornia, both surface storage and help the rest of the world. This is all about sustainability—sus- marijuana. This law will remain in ef- groundwater recharge, like raising the tainability of our food supply, sustain- fect through April 28 of this year, al- gates at Exchequer Dam, building Sites ability of our Nation. Food is a na- though I expect with the House and the Reservoir and Temperance Flat Dam. tional security item. We don’t look at Senate, both on record on this, that The WIIN Act that we passed last it that way, but it truly is. this provision will be renewed. I am es- month was enacted in December, and it Mr. Speaker, I look forward to the pecially confident of that when real- provides funding for water storage au- new Congress and the new administra- izing that President-elect Trump is on thorization and for groundwater bank- tion to build on the progress we made the record, as he stated in the last ing projects. And just in the last sev- last month so that we can fix Califor- campaign, that this issue should be left eral weeks, we have determined that nia’s broken water system by using all to the States. Thus, I am confident over 130,000 acre-feet of water is avail- of the water tools in our water toolbox, that this legal provision, which says able today for use in our farm commu- and we can only do that on a bipartisan that the Federal Government shall not nities that otherwise would not be basis. supersede State law when it comes to available. f medical marijuana, will be renewed. It is my sincere hope that those Importantly, in August of last year, projects and others like this, like the ENFORCEMENT OF MARIJUANA the Ninth Circuit Court of Appeals Los Banos Creek Reservoir and raising LAWS ruled in U.S. v. McIntosh that Federal San Luis Reservoir, are advanced as The SPEAKER pro tempore. The funds cannot be used to prosecute rapidly as possible in the next adminis- Chair recognizes the gentleman from those in compliance with their State’s tration so that we can begin to capture California (Mr. ROHRABACHER) for 5 medical marijuana laws. This provision the much-needed water that comes minutes. will be part of American law as long as from these storms as we have had in Mr. ROHRABACHER. Mr. Speaker, I it is renewed and Congress makes it the last 10 days. rise today to praise Senator JEFF SES- part of the law. I am confident that if Fixing California’s broken water sys- SIONS, President-elect Trump’s nomi- Congress does that, Attorney General tem requires a multiprong approach, as nee for Attorney General. Senator SES- JEFF SESSIONS, my friend, a person I I have said many times on this floor, SIONS, I am praising him today for his admire greatly, will abide by the provi- and focusing on how we improve the inspiring testimony before the Senate sions and, thus, respect State medical water infrastructure and storage ca- Judiciary Committee yesterday. Dur- marijuana laws, as dictated by Con- pacity will be imperative as we work ing his confirmation hearings, Senator gress and enforced by the judiciary. together to update California’s water SESSIONS was questioned on a wide va- As he rightfully pointed out in his system, both here in Congress with the riety of issues that will be under his testimony yesterday, Senator SESSIONS new administration and with the ad- purview as our Attorney General. In- said it will be his duty to see to it that ministration in Sacramento that is cluded in the numerous topics covered the laws under his purview as Attorney also trying to create a water system were questions about his intentions to General are faithfully executed, and that serves California’s needs in the enforce Federal law as it pertains to this includes the Rohrabacher-Farr 21st century. marijuana policy. limitations that no funding shall be After 5 years of devastating drought Senator SESSIONS is a patriot. He is a used to prosecute those throughout our conditions, we are now witnessing constitutionalist. He is a man of the country who are in compliance with these large storm events which have highest moral integrity, and I have our States’ medical marijuana laws. created floods in certain regions of complete confidence that if confirmed All of this comes down to a constitu- California. It is either feast or famine as Attorney General, he will faithfully tional theory and a constitutional in California; and with the climate enforce our laws—not just those he commitment to what we call the 10th change impacts, we know that will agrees with, but all the laws duly en- Amendment, and that is the States only continue in the future. acted by Congress. have a right to make determinations in So as we reflect on the last 5 years As it pertains to marijuana policy, all of those areas that the Federal Gov- and we look at the progress we made Senator SESSIONS promised to do the ernment should not be involved in. last month with the WIIN Act that was same, to follow the law. During his ex- This should definitely be left to the part of WRDA legislation, as time goes changes on that topic of medical mari- States. on, it is important that in the future, juana policy, being questioned by both f during the dry years that we will face Senators Leahy and Lee, Senator SES- more intensive drought conditions, SIONS stated his intention to follow CONGRATULATING CLEMSON that we plan and provide for those Federal law. At one point he indicated UNIVERSITY drought conditions by creating the nec- that if Congress no longer desired to The SPEAKER pro tempore. The essary surface storage and groundwater make possession and distribution of Chair recognizes the gentleman from storage projects so that when we have marijuana an illegal act, ‘‘Congress South Carolina (Mr. DUNCAN) for 5 min- wet years—we have wet times, as we should pass a law to change the rules.’’ utes.

VerDate Sep 11 2014 01:02 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H312 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Mr. DUNCAN of South Carolina. Mr. Swinney, and to Deshaun Watson for out how we create tech jobs across this Speaker, in the history of mankind, both recognizing that their talents and Nation. civilizations have turned to sports as a that team’s specialness came from Al- f means of entertainment, as a distrac- mighty Creator God. tion from the routines of everyday life, Clemson is special to me. I am a 1988 RECESS a great way to spend time with friends graduate. I played walk-on at Clemson The SPEAKER pro tempore. Pursu- and family. Whether it was the glad- 1984, 1985, and part of 1986. Part of Hun- ant to clause 12(a) of rule I, the Chair iators in the coliseums of Rome, the ter Renfrow’s and Dabo Swinney’s sto- declares the House in recess until noon jousting in the Middle Ages, or college ries that you can be a walk-on and ulti- today. football today, it is a great form of en- mately succeed is one that we should Accordingly (at 11 o’clock and 29 tertainment. take away from this great game. minutes a.m.), the House stood in re- I rise today to honor and recognize So my congratulations, standing here cess. Clemson University, the 2016 college on the floor of the United States House football national champions. The of Representatives, representing the f coaches are to be commended—from Third Congressional District, home of b 1200 Dabo Swinney and his coaching staff, Clemson, South Carolina, home of the team he has put together, the men Clemson University, and now home of AFTER RECESS of character that he builds, and I will the 2016 college football national cham- The recess having expired, the House mention some of those shortly; Presi- pions, the Clemson Tigers. I am proud was called to order by the Speaker at dent Jim Clements; athletic director to be here and say, ‘‘Go Tigers.’’ Con- noon. Radakovich; the students of Clemson; gratulations, Clemson. and, most importantly, the fans, a 35– f f 31 victory against Alabama. PRAYER It has been 35 years since Clemson CREATING TECHNOLOGY JOBS won the national championship in 1981. The Chaplain, the Reverend Patrick The SPEAKER pro tempore. The J. Conroy, offered the following prayer: That is a special national champion- Chair recognizes the gentleman from ship to me because my brother John Dear God, we give You thanks for California (Mr. KHANNA) for 5 minutes. giving us another day. was on the national championship Mr. KHANNA. Mr. Speaker, I have team in 1981. Danny Ford, Coach Ford, As a parent encourages a child or a the great privilege and honor of rep- mentor calls forth the hidden potential was the coach when the 1981 national resenting Silicon Valley in the United championship team was inducted, rec- of an intern, Lord our God, may You States Congress. We are living through bless all who work as the 115th Con- ognized in the College Football Hall of revolutionary times. If 100 years ago Fame the very night, Monday night, of gress convenes, especially those new we had the industrial revolution, today Members. this year’s national championship. we have the software revolution, and The connections between the Univer- Remove fear and confusion, wipe the forces of automation and away distrust, which only inhibit good sity of Alabama and their football pro- globalization are fundamentally chang- gram and Clemson University’s foot- judgment and leadership. Strengthen ing our economy. the resolve and compassion of all Mem- ball program are numerous. Danny We first must thank the hardworking bers, that they may serve Your people Ford played football for Bear Bryant. Americans who helped build this econ- with renewed clarity of vision and re- He coached the national championship omy—the steelworkers and the coal fined purpose that will soon unify this in 1981. Dabo Swinney, current head miners and those who were machinists Nation in self-discipline and con- coach at Clemson, played for Alabama. who built the economy that made us an fidence. Dabo was a walk-on at Alabama. It has exceptional Nation—that were the For You reward the just and their been 110 years since Clemson defeated foundation of everything that Silicon deeds. Alabama, 1905. Valley does today. We need to thank I am not taking anything away from Bless all Members this day, O God, them for the extraordinary hard work Coach Saban and the Alabama Crimson and be with them and with us all in and grit that they showed. Tide. What a great football program every day to come. May all that is done We also need to recognize that our they have in the great State of Ala- be for Your greater honor and glory. economy is changing, and not everyone bama. They fell to a very good Clemson Amen. has participated in the technology rev- football team on Monday night. f Deshaun Watson, number 4, he was olution. Some folks have benefited, and the difference. He is the best football they are creating jobs and wealth, and THE JOURNAL player in the Nation with 420 yards others have been left behind. We have an obligation to make sure that every The SPEAKER. The Chair has exam- passing, 36 for 57; total offensive, 511 ined the Journal of the last day’s pro- yards. Watson was the MVP of the na- American and their daughters and their sons get to participate in this ceedings and announces to the House tional championship game. Ben his approval thereof. Boulware was Clemson’s defensive technology revolution and have tech- nology jobs. Pursuant to clause 1, rule I, the Jour- MVP of the game. nal stands approved. But I want to give a special shout- Enrico Moretti, an economist at out to a unique individual, Hunter Berkeley, has shown for every one f technology job, it creates four to five Renfrow, number 13, who caught the PLEDGE OF ALLEGIANCE winning touchdown pass at the end of other jobs in communities, from the the game with 1 second left. Hunter barista to a lawyer, to a construction The SPEAKER. Will the gentleman Renfrow, a walk-on at Clemson, like worker. Tech jobs have a larger multi- from Rhode Island (Mr. LANGEVIN) his head coach, Dabo Swinney, a walk- plier today than manufacturing jobs come forward and lead the House in the on who earned a spot, ultimately had in previous eras. Pledge of Allegiance. catching two touchdown passes in this My commitment, my vision is to see Mr. LANGEVIN led the Pledge of Al- national championship game, two how Silicon Valley can help create legiance as follows: touchdown passes in the 45–40 loss last technology jobs not just in my district, I pledge allegiance to the Flag of the year, a walk-on. but across America. There is no reason United States of America, and to the Repub- Both ends of the spectrum, a five-star that Des Moines, Iowa, and Wichita, lic for which it stands, one nation under God, quarterback, number 4, Deshaun Wat- Kansas, and Dayton, Ohio, cannot be- indivisible, with liberty and justice for all. son, arguably the best quarterback in come centers for technology innova- f the Nation, throwing to the other end tion and have extraordinary tech- of the spectrum, a walk-on. What a nology jobs. ANNOUNCEMENT BY THE SPEAKER great story. I look forward to working across the The SPEAKER. The Chair will enter- I want to give a shout-out to the aisle with my Republican colleagues tain up to 15 requests for 1-minute coaching staff, specifically Dabo and Democratic colleagues to figure speeches on each side of the aisle.

VerDate Sep 11 2014 01:02 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.018 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H313 THE UNDERLINE threatening all these harms on the come together to demand it. Obviously, (Ms. ROS-LEHTINEN asked and was American people. these fights are just beginning, but the given permission to address the House f last 10 days shows that together we can and will protect the values and pro- for 1 minute and to revise and extend SUPPORT FOR ISRAEL her remarks.) grams so vital to America. (Mr. WILLIAMS asked and was given Ms. ROS-LEHTINEN. Mr. Speaker, I permission to address the House for 1 would like to congratulate Meg Daly, f minute.) the board of directors, the founders and Mr. WILLIAMS. Mr. Speaker, I rise partners who have rallied behind the DATA IS BETTER THAN to reaffirm this Congress’ commitment great vision of creating The Underline. PREDICTIONS to America’s greatest ally in the Mid- Located in my congressional district, (Mr. SMITH of Texas asked and was dle East, Israel. The Underline is a 10-mile linear park, given permission to address the House Last week, the House of Representa- an urban trail that extends from the for 1 minute and to revise and extend tives voted overwhelmingly to object Dadeland South station to the Miami his remarks.) to the United Nations Security Council River and that will connect millions of Mr. SMITH of Texas. Mr. Speaker, anti-Israel resolution. H. Res. 11 was Americans across Miami-Dade County whenever you see climate change in supported by most Democrats and all through safe, alternative methods of the news, remember the difference be- but four Republicans. The House vote transportation. tween actual data and exaggerated pre- was prompted by the Obama adminis- Mr. Speaker, this is underutilized dictions. For example, much coverage tration’s refusal to use its veto power land below Miami’s Metrorail that has was given yesterday to the predictions to shoot down a U.N. resolution con- transformative potential for commu- by the U.S. Fish and Wildlife Service demning Israeli settlements. nity mobility, positive economic im- that polar bears now face extinction As I wrote in a recent op-ed: This pact, and enhanced quality of life. because of climate change. That pre- U.N. resolution was one-sided. It failed Thanks to the overwhelming collabo- diction is contradicted by the evidence. to recognize that Israel is the only ration of our south Florida commu- The polar bear population has been in- Jewish state and that it is fighting for nity, there are also many new ideas creasing and is now around 26,000, prob- survival every single day. This U.N. that will be incorporated in creating ably the highest number in many resolution will be used to justify the this vision, such as dog parks, yoga years. actions of those who want to wipe programs, street art, and pop-up stores. Climate alarmists want to scare peo- Israel off the map. ple with extreme predictions. Better This Saturday, January 14, this rec- As I speak, we are still mourning for Americans to look at the scientific reational space will feature local art- Sunday’s attack on a group of Israeli evidence and discount the wild tales. ists, and the public will be able to expe- soldiers that left four dead and more Climate change has many causes and rience art that inspires and challenges than a dozen injured. has occurred throughout the history of us to be healthy, mobile, and con- Mr. Speaker, I think most of us can the Earth. Real scientists acknowledge nected. agree that U.S.-Israel relations have this and are hesitant to make long- Congratulations to Meg and to all in- hit a low point under this administra- range predictions. volved in The Underline. tion. When I first ran for Congress 4 f years ago, I ran on a seven-point plat- f form that included standing with REPEAL AND DISPLACE Israel. RECOGNIZING KRISTIN NICHOLSON (Mr. CICILLINE asked and was given Mr. Speaker, I will not waver in my permission to address the House for 1 support for our friend. I hope the in- (Mr. LANGEVIN asked and was given minute.) coming administration sets a new tone permission to address the House for 1 Mr. CICILLINE. Mr. Speaker, for al- in reestablishing America’s alliance minute and to revise and extend his re- most 8 years, we have heard about Re- with the Jewish state. marks.) publicans’ plans to repeal and replace In God we trust. Mr. LANGEVIN. Mr. Speaker, it is the Affordable Care Act. During that f always difficult saying good-bye to a time, the House has voted dozens of Member of our Hill family. When I was times to repeal or defund ObamaCare; YOUR VOICE DOES MATTER first elected to Congress, I sought a but now as Republicans prepare to take (Mr. BLUMENAUER asked and was chief of staff who could work with me control of the White House, it is clear given permission to address the House to help lead my team and shape my that Republicans don’t have a plan to for 1 minute.) policy portfolio: someone who knew replace ObamaCare. Instead, they will Mr. BLUMENAUER. Mr. Speaker, the Hill as well as the legislative proc- repeal and displace millions of hard- there is lots of incredible news out ess in Congress; someone who was working Americans, cutting them off there. The Trump press conference just smart, strong, and compassionate; from quality, affordable health care makes your head spin, but we have someone with sharp instincts; and, and making it even harder to get seen that the public’s voice does mat- most importantly, someone I could ahead. ter. trust. I found all of those qualities and The Republican repeal and displace Because of public outcry, within min- so much more in Kristin Nicholson. plan will take away health insurance utes after the late-night closed meet- As my chief of staff, Kristin has been from 30 million Americans and will in- ings, the Republican plan to gut the a trusted confidant, adviser, and a true crease prescription drug costs, pre- independent Office of Congressional friend. So it is with both sadness and miums, and out-of-pocket expenses for Ethics was reversed. In response to pride that after 16 years in my office I American families; and it will end outrage about jeopardizing health care say good-bye to Kristin as she leaves health coverage for millions of Ameri- for millions of Americans, some Repub- the Hill to become director of the Gov- cans in order to give a huge tax cut to licans now admit that repealing the Af- ernment Affairs Institute at George- the richest Americans. Repealing fordable Care Act is not quite so simple town University. ObamaCare will also cause a loss of 2.6 and maybe they should come up with a Kristin’s leadership has been essen- million jobs, including 12,100 jobs in my replacement, even if they don’t yet tial to me and my entire staff; and al- home State of Rhode Island. know how to do it. Senate Republicans though we will miss her tremendously, Mr. Speaker, let’s be clear: the Re- even delayed some of the Cabinet con- she leaves behind a team that has bene- publicans’ repeal and displace plan is firmation hearings to allow a more or- fited from her professionalism, passion, just wrong. It is time for Republicans derly review and scrutiny. humor, and grace under fire. to end this charade and get back to Your voice does matter. Kristin, I cannot thank you enough doing the people’s work by partnering The President said last night that for your service to me and the people of with Democrats to strengthen and im- change only happens when ordinary Rhode Island. Congratulations and best prove the Affordable Care Act and stop people get involved, get engaged, and wishes.

VerDate Sep 11 2014 01:02 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.019 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H314 CONGRESSIONAL RECORD — HOUSE January 11, 2017 COMMENDING THE EFFORTS OF b 1215 f PEOPLE FOR LIFE TRADE IS A TWO-WAY STREET OBAMACARE HAS NOT BEEN (Mr. THOMPSON of Pennsylvania AFFORDABLE (Mr. DUNCAN of Tennessee asked asked and was given permission to ad- and was given permission to address (Mr. BIGGS asked and was given per- dress the House for 1 minute and to re- the House for 1 minute and to revise mission to address the House for 1 vise and extend his remarks.) and extend his remarks.) minute.) Mr. THOMPSON of Pennsylvania. Mr. DUNCAN of Tennessee. Mr. Mr. BIGGS. Mr. Speaker, ObamaCare Mr. Speaker, I rise today to commend Speaker, some people have expressed has been a disaster for Arizonans. My the efforts of People for Life, a non- concern that President-elect Trump home State of Arizona has been hit the profit in Erie County, Pennsylvania, will start a trade war if he gets tough hardest. Premiums in Arizona for that is dedicated to educating and pro- on trade. But what they are not admit- many have increased over 100 percent, moting right-to-life causes in north- ting, or perhaps it has never occurred and providers have fled the State, leav- western Pennsylvania. to them, is that we have been in a ing some counties with one provider This organization hosts several trade war for many years, and we have and little options for healthcare insur- events throughout the year to bring to- been losing. ance. gether people of the pro-life commu- China has followed a China-first pol- ObamaCare must be repealed. In fact, nity. People for Life organizes an an- icy for years to their great benefit, there is no constitutional authority nual bus trip to participate in the na- while we have sent millions of good given to the Federal Government to tional March for Life in Washington, jobs to other countries and several mil- take over our healthcare system. These D.C., and it also hosts its own March lion of our young people now can find issues are, in fact, best left to the for Life in Erie. jobs only in restaurants. States to manage. For nearly four decades, People for With only 4 percent of the world’s I am advocating for a complete re- Life has hosted a Pro-Life Breakfast population, we buy 21.7 percent of the peal of ObamaCare as soon as possible, that highlights the sanctity of human world’s goods. We used to buy about 25 with a transition period of no longer life in all phases and conditions. percent, but we have more competition than 24 months. Attendees can hear stories of love, around the world now as most coun- The approach I am suggesting will re- courage, and victory through God’s tries are trying to move away from so- move government from between pa- mercy and grace. cialism while we seemingly move to- tients and their doctors. Our alter- I thank People for Life for all the ward it. But we still have tremendous native will encourage competition, work it has done in Erie and north- leverage on trade that we have not which will in turn lead to lower costs western Pennsylvania on this topic of used because every country wants des- to all Americans, but in particular, Ar- such great importance. They work to perately into our markets. izonans. save lives through education and love. We need to negotiate trade deals that I remain committed to seeing this They recognize how sacred each human will create more jobs in this country. happen. life is and fully understand the need to We need, Mr. Speaker, to tell foreign f protect the most vulnerable. They are leaders that we want to buy things a voice for the voiceless. I am deeply from them, but they need to start buy- UNION CITY PUBLIC SCHOOLS grateful for their work. ing from us, too. Friendship is a two- (Mr. SIRES asked and was given per- f way street. mission to address the House for 1 f minute.) WE MUST STRENGTHEN FLIGHT Mr. SIRES. Mr. Speaker, I rise today SAFETY MEASURES DON’T MAKE AMERICA SICK AGAIN to recognize the Union City Public (Mr. HIGGINS of New York asked and (Mr. GENE GREEN of Texas asked Schools for their outstanding achieve- was given permission to address the and was given permission to address ments. House for 1 minute.) the House for 1 minute.) Having come to the United States Mr. HIGGINS of New York. Mr. Mr. GENE GREEN of Texas. Mr. from Cuba as a child, I experienced the Speaker, nearly 8 years ago, western Speaker, the Congressional Budget Of- challenges of assimilating into a new New Yorkers watched in horror as Con- fice estimated that 22 million Ameri- community firsthand. As the rep- tinental flight 3407 crashed, tragically cans would lose their health insurance resentative of one of our Nation’s most ending the lives of those on board. if the Republican bill from last Con- diverse districts, many of my constitu- Since then, the families of those lost gress becomes law. Let’s don’t make ents experience these challenges every have turned their grief into a relentless America sick again. day. Giving immigrants the tools they fight to strengthen pilot training and There should be no repeal of health need to succeed is not only beneficial flight safety rules. reform without an immediate, ade- to our country, it is sound policy. Today, the families of flight 3407 are quate replacement that achieves the According to The Wall Street Jour- in attendance at the Senate nomina- same historic goals in coverage, en- nal, Union City Public Schools ‘‘have tion hearing for the new Secretary of sures people with preexisting condi- become a model for ushering low-in- Transportation. Their presence is an tions aren’t blocked or priced out of come English-language learners into urgent reminder that the work of Con- the market, and that plans cover a the mainstream.’’ gress and the administration still re- basic set of benefits and consumer pro- With a student body that is 95 per- mains to be done. tections. cent Hispanic, one of the keys to Union In 2010, Congress passed landmark Repealing the Affordable Care Act City Public Schools’ success is their flight safety legislation with the fami- without a replacement in place will English as a second language program lies of 3407 leading the charge. Since cause chaos. Millions will lose cov- and their early childhood program- then, there have been nearly 8 years of erage; the individual insurance market ming. The programming has become a no fatal commercial crashes on domes- will be in shambles; doctors, hospitals, model for educators in the U.S. and as tic U.S. airlines. Now the Federal Avia- and States will lose billions; and the far away as Europe. Graduation rates tion Administration reauthorization is economy will be hurt. Without health have also increased by nearly 10 per- on the horizon, and we must further insurance, people with chronic diseases cent, in just 2 years, in the district. strengthen flight safety measures. will lose care and become sicker. Mr. Speaker, I am proud to represent It is essential that we continue to Every major law that Congress has a school district that has made tremen- stand alongside the families of flight passed needs oversight and revision to dous strides in easing the transition of 3407 and fight attempts to roll back make sure it is as effective as intended. immigrant youth into our society and pilot training and safety provisions. We Congress can amend any law, but doing become the foundation of success for must not forget those we lost nearly 8 so in a way that will cause 22 million of thousands of children and young years ago and do all that is possible to the newly insured people to be without adults. prevent another tragedy of this kind. health insurance is just wrong.

VerDate Sep 11 2014 02:30 Apr 13, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD17\JANUARY\H11JA7.REC H11JA7 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H315 I urge my colleagues to stop working Colonel Steele’s awards include three done. New Jersey families and busi- against the health of American people. Bronze Stars, Meritorious Service Med- nesses are struggling with high taxes We should not be making America sick als, three Legions of Merit, three Air and not seeing good return on invest- again. Medals, Army Commendation Medal, ment for the hard-earned tax dollars f the Vietnam Cross of Gallantry with they send to Washington each year. Palm, and a number of other service I will work to bring those dollars RECOGNIZING MACY MAINE AND and foreign medals. home to fight domestic terror, deal HANNAH MASON, INSPIRATIONAL He is survived by Dotsie, his beloved with opioid abuse, improve our schools, ROLE MODELS wife of 65 years; his son, Howard Mer- and fix our crumbling roads and (Ms. MCSALLY asked and was given ritt Steele, IV; two daughters, Cynthia bridges. I will work to bring good-pay- permission to address the House for 1 Steele Vance and Susan Steele; and six ing jobs back to New Jersey and keep minute and to revise and extend her re- adoring grandchildren. them there, to lower our taxes, cut marks.) Colonel Steele, you led a long, brave, wasteful spending and unnecessary reg- Ms. MCSALLY. Mr. Speaker, I rise to generous life of service to others—a ulations, and ensure every tax dollar is recognize two southern Arizona young soldier’s soldier. Your legacy is a grow- used wisely. women for their achievements and for ing family who basked in your love and I will stand up for New Jersey values, serving as role models in their commu- a country just and free. ensuring that women, minorities, and nities. Macy Maine, a senior at Buena f the LGBT community are always High School, and Hannah Mason, a sen- treated with respect. I will have the STAND UP FOR LIFE ior at Pusch Ridge Christian Academy, backs of our veterans, law enforce- were recently given the 2016 Brilliant, (Mr. WILSON of South Carolina ment, firefighters, and all first re- Beautiful and Bold Role Model Award asked and was given permission to ad- sponders. I will stand with Israel, en- from the Girls Rule Foundation. The dress the House for 1 minute and to re- sure our children have clean drinking award recognizes only a handful of vise and extend his remarks.) water, and stand up for equal pay and young women across the State who are Mr. WILSON of South Carolina. Mr. a woman’s right to choose. I will work making a difference. Speaker, this weekend, I was grateful Macy was given the award for her ac- for everyone in the District. to participate in the Stand Up for Life Working together, I believe our best tive engagement in the community. March and Rally in Columbia, hosted She represented her high school as an days will always be ahead of us. by the South Carolina Citizens for Life f American Legion Auxiliary Arizona during a rare snowstorm. Girls State delegate, is an All-Amer- I appreciated hearing remarks from LAW ENFORCEMENT ican cheerleader, and represented her Evangelist Alveda King, niece of Dr. APPRECIATION DAY city at the Power Up Teen Leadership Martin Luther King, Jr., a dedicated (Mr. YODER asked and was given Conference. She is a frequent volunteer pro-life activist. I was also grateful to permission to address the House for 1 and hopes to enter public service. attend the grand opening of Daybreak, Hannah has been a selfless leader for minute and to revise and extend his re- a crisis pregnancy center, hosted by Di- her family and community. After a car marks.) accident took the life of her father and rector Brennan Aschleman. Mr. YODER. Mr. Speaker, I rise severely injured her older sister, Han- I thank Lisa Van Riper, president of today in recognition of Law Enforce- nah stepped up to care for her family. South Carolina Citizens for Life, with ment Appreciation Day, which was ob- She helped her sister through multiple Holly Gatling and Brenda Cerkez for served this week in honor of the con- surgeries while continuing to excel at organizing such a meaningful event. I tributions countless men and women in school and remain active in the com- was grateful to participate, as well, uniform have made to keep our com- munity. She hopes to enter medical with Bishop Robert Guglielmone of munities safe and secure. school one day. Charleston and the Knights of Colum- This year’s observance was particu- Mr. Speaker, I congratulate both bus led by Thomas Monahan. larly difficult for our Kansas commu- Macy and Hannah for being inspira- Pro-life voters have made a dif- nity. Over the last year, three police tional role models to their peers and ference with all statewide officials, officers in my district made the ulti- wish them the best of luck as they con- both U.S. Senators and six U.S. Mem- mate sacrifice while in the line of duty. tinue to pursue their dreams. bers of Congress supporting pro-life ini- Brad Lancaster, Dave Melton of Kansas tiatives, along with super majorities in City, and Brandon Collins of Overland f the State house and senate. I was Park each lost their lives while pro- HONORING THE MEMORY OF COLO- grateful to begin this new Congress by tecting our community. NEL HOWARD MERRITT STEELE, being an original cosponsor of H. Res. Law Enforcement Appreciation Day JR. 354 to provide for a moratorium on is a day to remember them and to (Mr. BEYER asked and was given Federal funding to Planned Parent- honor the men and women who remain permission to address the House for 1 hood, which has disgracefully sold baby in the field each day keeping our chil- minute.) body parts. dren and families safe. They are the Mr. BEYER. Mr. Speaker, I rise In conclusion, God bless our troops, ones who run into danger when others today to honor the memory of Colonel and may the President, by his actions, run away. They are the true heroes, Howard Merritt Steele, Jr. never forget September the 11th in the and we should always regard them as Colonel Steele was the epitome of a global war on terrorism. such. It is also a day to honor the soldier. He loved his family, his coun- f United States Capitol Police to keep try, his God, the Army, and West Congress, our staff, and our visitors in MISSION STATEMENT OF A NEW Point. He attended the prestigious this very Chamber safe. MEMBER Peekskill Military Academy, Yale Uni- Mr. Speaker, let us never forget the versity, and the United States Military (Mr. GOTTHEIMER asked and was service and sacrifice of our law enforce- Academy. given permission to address the House ment officers, and let us continue to Colonel Steele fought in Korea, for 1 minute.) honor them with the gratitude and re- where he was awarded the Silver Star Mr. GOTTHEIMER. Mr. Speaker, I spect they deserve. for gallantry in action. He received the rise today for my first statement from f Bronze Star for his service as a rifle the House floor, honored and humbled company commander. After the war, he to serve as the Representative from THANKING PRESIDENT OBAMA was company commander in the 3rd In- New Jersey’s Fifth Congressional Dis- FOR THE CLARITY OF HIS fantry, The Old Guard, at Fort Myer, trict. I vow to work tirelessly on their MORAL LEADERSHIP, FOR HIS Virginia; two tours in Vietnam; Com- behalf. GRACE, AND HIS CLASS mander of the 54th Infantry Battalion; We are all tired of Washington’s par- (Mr. KILDEE asked and was given and a graduate of the Army War Col- tisanship, and I will work across the permission to address the House for 1 lege. aisle, whenever possible, to get things minute.)

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.023 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H316 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Mr. KILDEE. Mr. Speaker, last night, in my district, Jacki Dixon Marsh. only in the order printed in the report, may President Obama delivered his farewell Jacki is an entrepreneur. She owns a be offered only by a Member designated in address to the Nation. Today, I rise to historic storefront in downtown the report, shall be considered as read, shall thank President Obama for his steady Loveland. In fact, she is the only be debatable for the time specified in the re- port equally divided and controlled by the and his strong leadership over the past woman who owns commercial space in proponent and an opponent, shall not be sub- 8 years. He has served this Nation with the neighborhood. She runs a gallery ject to amendment, and shall not be subject dignity, with purpose, and helped us featuring the work of over 100 local ar- to a demand for division of the question in achieve some important successes dur- tisans, actively supporting jobs and the House or in the Committee of the Whole. ing his tenure. contributing to our community. All points of order against such amendments When he took office, this country Jacki was also a competitive long- are waived. At the conclusion of consider- was on the brink of a depression, facing distance runner. In 1972, she won the ation of the bill for amendment the Com- a financial crisis unlike anything we first women’s only road race in New mittee shall rise and report the bill to the House with such amendments as may have have experienced. He has helped to put York, and she continues to run. us on the right track, rebuilding the been adopted. The previous question shall be Finally, she has a pacemaker. She considered as ordered on the bill and amend- American auto industry and steady pri- suffers from cardiomyopathy, a rare ments thereto to final passage without inter- vate sector job growth. heart disease she developed after con- vening motion except one motion to recom- Now, we know we have a lot left to tracting the flu. While the doctor gave mit with or without instructions. do, as he said last night. But he has her only 2 years to live, she exceeded SEC. 2. At any time after adoption of this given us the opportunity and the tools that prognosis by three decades, but resolution the Speaker may, pursuant to to continue that good work. No coun- her health depends on replacing her clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole try, no nation, and certainly no gov- pacemaker every 7 to 8 years. ernment is dependent on any single in- House on the state of the Union for consider- Jacki is one of countless Americans ation of the bill (H.R. 238) to reauthorize the dividual. As he said, it is up to all of for whom insurance through the Af- us, not just those of us in Congress or Commodity Futures Trading Commission, to fordable Care Act is literally a matter better protect futures customers, to provide in public office but all citizens, to con- of life or death. She says she pays a lot end-users with market certainty, to make tinue to work together to create the for her coverage, about 900 a month, basic reforms to ensure transparency and ac- great society that we are all com- but she told me she is excited to pay it. countability at the Commission, to help mitted to. Before the Affordable Care Act, her farmers, ranchers, and end-users manage But it would be a mistake to not risks, to help keep consumer costs low, and precondition meant no coverage at all. take this moment to thank that indi- for other purposes. The first reading of the When I asked Jacki what message vidual, to thank President Obama, for bill shall be dispensed with. All points of she wanted me to share with my col- the clarity of his moral leadership, for order against consideration of the bill are leagues in Congress, she made clear his grace, and his class. We owe him a waived. General debate shall be confined to that I should share the message that the bill and shall not exceed one hour equal- great debt of gratitude. her situation is not unique. We need to ly divided and controlled by the Majority f act to make sure that people like Jacki Leader and the Minority Leader or their re- SCIENCE-BASED INNOVATION IN continue to have healthcare coverage spective designees. After general debate the THE FIELD OF WATER RIGHTS bill shall be considered for amendment under rather than ending the provisions of the five-minute rule. It shall be in order to (Mr. MCNERNEY asked and was the Affordable Care Act that they rely consider as an original bill for the purpose of given permission to address the House on. amendment under the five-minute rule an for 1 minute and to revise and extend f amendment in the nature of a substitute his remarks.) consisting of the text of Rules Committee PROVIDING FOR CONSIDERATION Mr. MCNERNEY. Mr. Speaker, I rise Print 115-2. That amendment in the nature of OF H.R. 78, SEC REGULATORY to continue a series of cool 1-minute a substitute shall be considered as read. All ACCOUNTABILITY ACT; PRO- points of order against that amendment in science topics. VIDING FOR CONSIDERATION OF the nature of a substitute are waived. No Today, I will speak about science- amendment to that amendment in the na- based innovations in the field of water H.R. 238, COMMODITY END-USER RELIEF ACT; AND FOR OTHER ture of a substitute shall be in order except rights. Previously, conflicts over water those printed in part B of the report of the resource management have reduced ag- PURPOSES Committee on Rules accompanying this res- ricultural productivity and distracted Mr. NEWHOUSE. Mr. Speaker, by di- olution. Each such amendment may be of- farmers with lawsuits and litigation. rection of the Committee on Rules, I fered only in the order printed in the report, But researchers at the University of Il- call up House Resolution 40 and ask for may be offered only by a Member designated linois at Urbana-Champaign have de- its immediate consideration. in the report, shall be considered as read, shall be debatable for the time specified in veloped an online system for farmers to The Clerk read the resolution, as fol- the report equally divided and controlled by trade groundwater pumping rights. lows: the proponent and an opponent, shall not be The National Science Foundation H. RES. 40 subject to amendment, and shall not be sub- funded research that resulted in the Resolved, That at any time after adoption ject to a demand for division of the question creation of a new company, Mammoth of this resolution the Speaker may, pursuant in the House or in the Committee of the Trading, which allows farmers to man- to clause 2(b) of rule XVIII, declare the Whole. All points of order against such age their lands and water rights to im- House resolved into the Committee of the amendments are waived. At the conclusion prove environmental conditions, im- Whole House on the state of the Union for of consideration of the bill for amendment prove resource allocation, and increase consideration of the bill (H.R. 78) to improve the Committee shall rise and report the bill the consideration by the Securities and Ex- to the House with such amendments as may efficiency. have been adopted. Any Member may de- These innovations demonstrate the change Commission of the costs and benefits of its regulations and orders. The first read- mand a separate vote in the House on any power of science to increase produc- ing of the bill shall be dispensed with. All amendment adopted in the Committee of the tivity and positively influence the points of order against consideration of the Whole to the bill or to the amendment in the market. Congress should continue to bill are waived. General debate shall be con- nature of a substitute made in order as origi- encourage this type of ingenuity and fined to the bill and shall not exceed one nal text. The previous question shall be con- innovation through R&D science fund- hour equally divided and controlled by the sidered as ordered on the bill and amend- ing. chair and ranking minority member of the ments thereto to final passage without inter- Committee on Financial Services or their re- vening motion except one motion to recom- f spective designees. After general debate the mit with or without instructions. JACKI DIXON MARSH bill shall be considered for amendment under SEC. 3. On any legislative day during the period from January 16, 2017, through Janu- (Mr. POLIS asked and was given per- the five-minute rule. The bill shall be consid- ered as read. All points of order against pro- ary 20, 2017— mission to address the House for 1 visions in the bill are waived. No amendment (a) the Journal of the proceedings of the minute and to revise and extend his re- to the bill shall be in order except those previous day shall be considered as approved; marks.) printed in part A of the report of the Com- and Mr. POLIS. Mr. Speaker, today, I mittee on Rules accompanying this resolu- (b) the Chair may at any time declare the would like to talk about a constituent tion. Each such amendment may be offered House adjourned to meet at a date and time,

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.025 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H317 within the limits of clause 4, section 5, arti- nancial services sector in order to pro- economic analysis in SEC rulemakings cle I of the Constitution, to be announced by tect families, farmers, small busi- and requires the SEC to identify and the Chair in declaring the adjournment. nesses, and our economy, as well as to assess the significance of problems SEC. 4. The Speaker may appoint Members prevent another crisis in the future. prior to regulating. It directs the agen- to perform the duties of the Chair for the du- ration of the period addressed by section 3 of Like many of my colleagues, I have cy to conduct a review of existing regu- this resolution as though under clause 8(a) of concerns with some of the reforms that lations within 1 year of enactment— rule I. were instituted in response to the cri- and then every 5 years thereafter—to SEC. 5. It shall be in order at any time on sis because they have put overly bur- determine the sufficiency, the effec- the legislative day of January 13, 2017, for densome restrictions and regulations tiveness, and the burdens associated the Speaker to entertain motions that the on our economy and our business com- with their implementation. Further, House suspend the rules as though under munities. But like every major, com- H.R. 78 instructs the SEC’s Chief Econ- clause 1 of rule XV. The Speaker or his des- prehensive law, there are always unin- omist to conduct a cost-benefit anal- ignee shall consult with the Minority Leader or her designee on the designation of any tended consequences that need to be ysis on regulations the agency is pro- matter for consideration pursuant to this addressed, and H.R. 238 does exactly mulgating as well as to provide an ex- section. that. planation describing the SEC’s deci- The SPEAKER pro tempore (Mr. For example, the authors of Dodd- sion-making process, including the im- Frank argued the law’s main purpose BOST). The gentleman from Wash- plications of not taking the regulatory ington is recognized for 1 hour. was to reduce systemic risk to our action. Mr. NEWHOUSE. Mr. Speaker, for economy. However, I don’t think any- Economic analysis is the cornerstone the purpose of debate only, I yield the one would argue that farmers who are of prudent rulemaking and entails customary 30 minutes to the gen- simply trying to lock in a good price evaluating the qualitative and quan- for their corn or their wheat are a sys- titative costs and benefits of proposed tleman from Colorado (Mr. POLIS), my good friend, pending which I yield my- temic risk to the economy. Similarly, regulations as well as potential alter- self such time as I may consume. Dur- restaurant chains looking to make sure natives in order to determine the cor- ing consideration of this resolution, all they have enough beef, enough pork, or rect action an agency should take. We time yielded is for the purpose of de- enough potatoes to sell to their cus- must ensure Federal regulators are bate only. tomers don’t pose a systemic risk, just thoroughly assessing both the need for as utility companies seeking to ensure the regulation and adequately evalu- GENERAL LEAVE that they have adequate power supplies ating its potential consequences—in- Mr. NEWHOUSE. Mr. Speaker, I ask to meet the needs and demands of their tended as well as unintended—to pre- unanimous consent that all Members ratepayers did not cause the financial vent small businesses and job creators have 5 legislative days to revise and ex- crisis. Unfortunately, the current law from being unnecessarily burdened by tend their remarks. imposes rules that treat all of these en- onerous Federal regulations. The SPEAKER pro tempore. Is there tities as major risks to our economy, Mr. Speaker, this is a good, straight- objection to the request of the gen- and it imposes overly burdensome cap- forward rule, allowing for the consider- tleman from Washington? ital and paperwork requirements on ation of two bills that will hold Federal There was no objection. them. agencies and their rulemaking proc- Mr. NEWHOUSE. Mr. Speaker, on Mr. Speaker, critics may claim that esses accountable to the American peo- Tuesday, the Rules Committee met and this bill undermines consumer protec- ple. Voters sent a clear message in No- reported a rule, House Resolution 40, tions. However, this could not be fur- vember that they want a Federal Gov- providing for the consideration of two ther from the truth. ernment that is smaller, less intrusive, important pieces of legislation: H.R. Title I of the legislation puts in place and more discerning in its regulatory 238, the Commodity End-User Relief greater consumer protections, like re- actions. House Republicans created our Act, and H.R. 78, the SEC Regulatory quiring brokerage firms to notify in- A Better Way agenda by listening to Accountability Act. vestors before moving funds from one Americans about the ideas for our Na- The rule provides for the consider- account to another in order to prevent tion, and the new, unified Republican ation of these measures under a struc- abuses like those that occurred at MF government will continue our work to tured rule and makes in order any Global prior to its bankruptcy. change the status quo and provide real amendment submitted to the House Title II makes reforms to the CFTC progress for all Americans. The adop- Rules Committee, including all five and strengthens the cost-benefit anal- tion of this rule and the passage of the Democratic amendments to H.R. 78, as ysis the Commission must perform underlying bills is yet another oppor- well as all eight amendments sub- when considering the impacts of its tunity to show that we heard this mes- mitted for H.R. 238, allowing for a bal- rules. Opponents have claimed that re- sage loud and clear and that we will re- anced debate on these very substantial quiring cost-benefit analyses will open inforce our commitment to restoring issues. up the CFTC to lawsuits. However, the people’s voice in our Federal Gov- H.R. 238 is essential to the smooth H.R. 238 merely gives the CFTC a ernment. functioning of the American economy standard for writing good rules the I am proud to support the rule pro- and is long overdue for enactment into first time, which will be a benefit for viding for the consideration of these law. This important legislation reau- all of us. measures, and I urge my colleagues to thorizes until 2021 the Commodity Fu- Title III provides relief to the farm- support the rule and the underlying tures Trading Commission, also known ers, the restaurants, the manufactur- bills. as the CFTC, which had its statutory ers, the utilities, and other entities Mr. Speaker, I reserve the balance of authority lapse in 2013. The House which rely on a steady supply of com- my time. passed the Commodity End-User Relief modities and inherently want to avoid Mr. POLIS. Mr. Speaker, I yield my- Act with bipartisan support in the risk but have been caught up in the un- self such time as I may consume. 114th Congress, and a similar bill was intended consequences of the Dodd- I thank the gentleman for the cus- also adopted in the 113th Congress, es- Frank reforms. These users have a gen- tomary 30 minutes. tablishing a strong record of bipartisan uine need to use markets to hedge Mr. Speaker, I rise in opposition to support for this measure. Unfortu- against bad weather, natural disasters, the rule and the underlying bills. nately, in both instances, the Senate inflation, price shocks, and other un- I start by, again, mentioning the fact failed to take up the legislation before foreseen circumstances that could that we have before us, under this rule, the end of its respective Congress, jeopardize their ability to serve their H.R. 238, the Commodity End-User Re- which is why it is imperative that we customers. lief Act, and H.R. 78, the SEC Regu- pass this bill through both Chambers The rule also provides for the consid- latory Accountability Act. I will talk and send it to the President’s desk. eration of H.R. 78, the SEC Regulatory about them in a minute. After the financial crisis of 2008, Accountability Act. This legislation re- There are 56 Members of this body practically everyone agreed that places guidance adopted by the SEC in who are new Members and who had no changes needed to be made to our fi- 2012 that currently governs the use of chance to participate in marking up

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.002 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H318 CONGRESSIONAL RECORD — HOUSE January 11, 2017 these bills in their committees of juris- vent bailouts. This bill would make it opportunity for Members to offer diction. Sure, I am back and Mr. harder to do that. amendments to these two pieces of leg- NEWHOUSE is back, but 56 people who An example of how the Commission islation. I oppose this process that dis- were in that Congress in December are is engaged with and talking about in- enfranchises our new Members. not here now, and there are 56 new peo- novation is how to fully embrace Mr. Speaker, I reserve the balance of ple. emerging technologies like blockchain my time. Again, a regular order process would and decentralized distribution ledgers. Mr. NEWHOUSE. Mr. Speaker, I yield allow these bills to go through com- They are doing that because many fi- myself such time as I may consume. mittee and have ideas and the partici- nancial firms are focusing on how to First of all, in fact, if I could read pation from Democrats and Repub- incorporate this technology into their from a letter I received this morning licans, who represent, collectively, business models. Therefore, it is imper- from over two dozen agricultural tens of millions of people in this coun- ative the Commission is given the abil- groups. In one sentence, it says: try, in improving these bills. We did ity to stay involved and understand the ‘‘Thank you in advance for your sup- not allow it. These bills just appeared implications of new technology and in- port of this bill that is so important to fait accompli in the Rules Committee novations and is not hamstrung by this U.S. farmers, ranchers, hedgers and fu- yesterday. Here we are on the floor. overly prescriptive law. tures customers.’’ It is signed, like I None of the new Members had a chance Now, the Commission does need reau- said, by over two dozen organizations. I include in the RECORD the letter I in their committees to offer them. thorization, and I would love the op- portunity to work with my colleagues received this morning, I think, as did b 1245 on the other side to do so. It should be my colleague, Representative POLIS, In fact, I am not sure where the Re- in a thoughtful, bipartisan manner from over two dozen agricultural publicans are in their process, but that gives the agency the ability it groups and associations located Democrats are still finalizing our com- needs to effectively look at incredibly throughout the country in unanimous mittee assignments. We have some of complicated financial transactions, support of H.R. 238. them, and the rest will be completed make sure that consumers and users of JANUARY 11, 2017. shortly. commodities that hedge their risks are DEAR MEMBER OF THE HOUSE OF REP- For Congress to work well, we need not abused in the process. We do not RESENTATIVES: The undersigned organiza- tions represent a very broad cross-section of to have regular order. And for regular want to hamstring the agency by un- necessary and counterproductive re- U.S. production agriculture and agri- order to work, we need to make sure business. We urge you to cast an affirmative that the 56 new Members who represent quirements as this bill does. vote on H.R. 238, the ‘‘Commodity End-User tens of millions of people are not disen- The other bill, H.R. 78, the SEC Reg- Relief Act,’’ when it moves to the floor for franchised in this process. ulatory Accountability Act, also was consideration. Now, getting to the bills. H.R. 238, brought forward before the Financial This legislation contains a number of im- the Commodities End-User Relief Act, Services Committee got organized. portant provisions for agricultural and agri- This bill was not even considered by business hedgers who use futures and swaps has been brought to the floor even be- to manage their business and production fore the Agriculture Committee con- the House last Congress, and it stalled in the Financial Services Committee. risks. Some, but certainly not all, of the vened or held its organizing meeting. It bill’s important provisions include: reauthorizes the Commodities Futures So you actually have a bill that didn’t Sections 101–103—Codify important cus- Trading Commission through 2021. It even clear committee last Congress. I tomer protections to help prevent another makes a lot of changes to internal was complaining about how the 56 MF Global situation. Members that are new to this body Section 104—Provides a permanent solu- changes and modifies a number of pro- tion to the residual interest problem that visions that were designed to prevent didn’t have a chance to put their im- print on the first bill. The second bill would have put more customer funds at financial meltdowns. risk—and potentially driven farmers, ranch- Additionally, H.R. 238 includes lan- didn’t even make it through the Finan- ers and small hedgers out of futures mar- guage on issues that the Commodities cial Services Committee and didn’t kets—by forcing pre-margining of their even pass the House floor last session. Futures Trading Commission has al- hedge accounts. Yet, here it is without the appropriate Section 306—Relief from burdensome and ready addressed through its own ef- committee consideration, depriving technologically infeasible recordkeeping re- forts. For example, the Commodities new Members representing tens of mil- quirements in commodity markets. Future Trading Commission has acted lions of Americans—Democratic and Section 308—Requires the CFTC to conduct on 16 of 22 provisions in titles I and III. a study and issue a rule before reducing the Republican—the ability to improve Particularly, many of us are concerned de minimis threshold for swap dealer reg- this bill. istration in order to make sure that doing so by the cross-border language in the Under the guise of regulation bill, which would undercut efforts al- would not harm market liquidity and end- changes, H.R. 78 would actually require user access to markets. ready underway by the Commission to the SEC to conduct enhanced cost-ben- Section 311—Confirms the intent of Dodd- negotiate an international system of efit analysis in order to ensure that Frank that anticipatory hedging is consid- safe and robust derivative rules. benefits of their regulation justify the ered bona fide hedging activity. H.R. 238 would actually require the Thank you in advance for your support of cost. In effect, the bill directs the SEC this bill that is so important to U.S. farmers, Commodities Futures Trading Commis- to look at things like market liquidity sion to create a rule that would auto- ranchers, hedgers and futures customers. and small businesses, which, of course, Sincerely, matically allow U.S. banks and foreign it already does as part of its economic American Cotton Shippers Association, banks conducting business in the U.S. analysis. So, again, it is a bill that American Farm Bureau Federation, Amer- to do so under the rules imposed by for- would bury the SEC in regulatory pa- ican Feed Industry Association, American eign jurisdictions, which can be sub- perwork. Soybean Association, Grain and Feed Asso- stantially different than those of our H.R. 78’s cost-benefit analysis is ciation of Illinois, Kansas Grain and Feed own, removing the confidence in the weighted toward helping large finan- Association, Michigan Agri-Business Asso- marketplace that is needed for a com- ciation, Michigan Bean Shippers, National cial institutions save money. I support Association of Wheat Growers, National modity market to work. reducing costs for financial institu- Cattlemen’s Beef Association, National Corn Finally, as you know, Congress tions. Who wouldn’t? But that is not Growers Association, National Cotton Coun- passed a number of reforms to enable the primary drive of our regulatory cil. regulators to respond quickly to chang- structure. We should put consumers National Council of Farmer Cooperatives, ing markets. The provisions in title II and our systemic risks first and fore- National Grain and Feed Association, Na- would weaken the CFTC’s ability to re- most and, of course, where we can re- tional Milk Producers Federation, National spond in a timely and effective man- duce the unnecessary costs for our fi- Pork Producers Council, National Sorghum ner. Producers, Nebraska Grain and Feed Asso- nancial institutions in the hope that ciation, North American Millers Association, The financial services industry con- those would be passed along to those Northeast Agribusiness and Feed Alliance, tinues to innovate. It is important that they serve. Ohio AgriBusiness Association, South Da- regulators keep pace and prevent sys- I, therefore, oppose both of these kota Grain and Feed Association, USA Rice, temic risks, prevent meltdowns, pre- bills. I oppose the rule that limits the Wisconsin Agri-Business Association.

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.028 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H319 Mr. NEWHOUSE. Mr. Speaker, also, tion. That application has been ap- divest any personal financial holdings in response to just one of the points proved, so there is no longer a reason that could create a conflict of interest that my colleague brought up, in the for the Commission to comply with by placing them in a blind trust. This first 2 weeks of this 115th Congress, the that language. has been standard for previous Presi- Speaker, as well as the chairman of the Other than those four changes, the dents, and this legislation ensures that Rules Committee, Representative SES- text of H.R. 238 includes every word that precedent continues. SIONS, has provided opportunity for all passed by this House last Congress, in- In today’s news conference moments Members to appear before the Rules cluding amendments offered by Mr. ago, President-elect Trump said that Committee, has invited all Members to GALLEGO to encourage diversity in the he did not plan to follow with prece- submit amendments. In fact, I can Office of the Chief Economist, as well dent and place his assets in a blind gladly say and happily say that every as Mr. Takai to identify information trust and would continue his direct amendment submitted on these two security vulnerabilities. ownership interest in them. President- bills has been accepted, if they were This bill does not just reauthorize elect Trump has refused to release his proven to be germane. the CFTC. It also makes important tax returns, refused to resolve conflicts In fact, one of the arguments made process reforms and targeted changes of interest related to his business deal- by my good friend is that the freshmen to help Main Street businesses con- ings. The American people expect the have not had an opportunity to weigh tinue to access the risk management President to do what is best for the in on these two pieces of legislation. tools that they need to serve their cus- country and not what is best for his Actually, the young freshman from tomers. business or his pocket. Maryland had an amendment brought Over the past 41⁄2 years, the House Mr. Speaker, I ask unanimous con- forward, and it was accepted to bring Committee on Agriculture has held al- sent to insert the text of the amend- for consideration on the floor. So I most two dozen hearings examining the ment in the RECORD, along with extra- think the arguments fall hollow that Commission and investigating the im- neous material, immediately prior to Members have not had an opportunity pacts that the Dodd-Frank Act has had the vote on the previous question. to be heard. on derivatives markets. What we have The SPEAKER pro tempore. Is there Mr. Speaker, I yield 5 minutes to the found is that some of the rules have objection to the request of the gen- gentleman from Texas (Mr. CONAWAY), had unintended consequences for farm- tleman from Colorado? the good chairman of the Agriculture ers, ranchers, manufacturers, and other There was no objection. Committee. businesses who use these markets to Mr. POLIS. Mr. Speaker, to discuss Mr. CONAWAY. Mr. Speaker, I rise protect themselves from uncertainty. our proposal, I yield 5 minutes to the today in support of the rule to provide Our witnesses, many of whom were distinguished gentlewoman from Mas- consideration of H.R. 238, the Com- market participants struggling to com- sachusetts (Ms. CLARK), the lead spon- modity End-User Relief Act. ply with burdensome rules and ambig- sor of the bill that I am proud to co- I want to start by thanking Mr. uous portions of underlying statute, sponsor. NEWHOUSE, Chairman SESSIONS, and the were consistent in their call for relief. Ms. CLARK of Massachusetts. Mr. entire Rules Committee for the time To address their concerns, H.R. 238 Speaker, I rise today to urge my col- and work that they spent preparing makes reforms that fall into three leagues to vote ‘‘no’’ on the previous this rule. I appreciate the committee’s broad categories: customer protections, question so we can bring up the Presi- time, attention, and interest in the commission reforms, and end-user re- dential Conflicts of Interest Act. work of the Agriculture Committee. lief. Mr. Speaker, American families are I am especially gratified by their sup- The Commodity End-User Relief Act worried. Over the last month, I have port of my push to authorize all of the does not roll back any of the key re- been flooded with messages from my unauthorized agencies and programs forms made under Dodd-Frank. What it constituents who are anxious about the under our committee’s jurisdiction. does, however, is allow Congress to direction of our country. Last Congress, we came very close, but keep its promise to Main Street Amer- Never before has our country been we fell one agency short. The Commod- ica: Main Street did not cause the fi- forced to ask its incoming President if ities Future Trading Commission ended nancial crisis, so Main Street should he is motivated by service to his coun- the year as it began it, unauthorized. not have to pay for it. They shouldn’t try or if he is motivated by personal The Commission, in fact, has not have to pay for it with new fees. They enrichment. Never before have we had been reauthorized since October 2013. shouldn’t have to pay for it in new a President-elect who will act as both And since that time, the House of Rep- compliance obligations. They shouldn’t landlord and tenant of a publicly resentatives have voted twice to fix have to pay for it in higher trans- owned property being used for private that problem. The most recent effort actions costs. And they shouldn’t have profit. Never before have we had the was in June of 2015. Tomorrow, if we to pay for it in lost opportunities to same people who are running a Presi- pass H.R. 238, will be the third time manage their business risks. dent’s businesses also act as official ad- this House has done its work on this I would like to close by thanking visers and agents. Never has a Presi- oversight business. Under this rule, we Chairman AUSTIN SCOTT and Ranking dent-elect owed millions of dollars of have the opportunity to pick up where Member DAVID SCOTT for doing much of debt to foreign banks. we left off and resume the House’s de- the heavy lifting on the committee’s The next administration will shape bate on the Commodity End-User Re- issues. The two of them got deep into how our tax dollars are spent, who the lief Act. the weeds of financial reform. Federal Government does business The text of H.R. 238 is identical to I would also like to thank Mr. LUCAS, with, and the integrity of America’s the legislation passed by this House who is a sponsor emeritus of this bill. standing in the global economy. last Congress, except for four changes: We have been working on this issue Every President in modern history First, we included a specific annual since he was chairman, and much of has taken voluntary steps to ensure his spending authorization level, and it is the bipartisan work he did remains in financial interests do not conflict with set at the same level as last year’s ap- this bill. the needs of the American people. Yet, propriations. This ensures compliance I urge adoption of this rule and sup- the current President-elect refuses to with the majority leader’s floor proto- port for all the amendments that were place his assets and his businesses in a cols on both specific authorization lev- made in order. blind trust. els and discretionary CutGo. Mr. POLIS. Mr. Speaker, I yield my- The American people are left won- Next, two sections were removed be- self such time as I may consume. dering whether their President-elect cause they were already signed into When we defeat the previous ques- will work in their best interest or to law. tion, I will offer an amendment to the line his own pockets. Finally, we removed a section that rule to bring up legislation that would Mr. Speaker, this is unprecedented. required the Commission to report to require the President and Vice Presi- There should be no question about Congress on the status of a pending dent of the United States, their spouses whether the administration will put Board of Trade registration applica- and dependent children to disclose and the needs of Americans first. There is

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.030 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H320 CONGRESSIONAL RECORD — HOUSE January 11, 2017 nothing partisan about transparency we have partisan legislation that economy and our users. These rules and accountability that comes with hasn’t gone through regular order. It have to provide safeguards and prevent being the leader of the free world. That has left 56 new Members representing systemic risk but should not hinder is why we should all support the Presi- tens of millions of Americans on the our entire economy with one-size-fits- dential Conflicts of Interest Act. sideline. all regulations. This bill strengthens transparency in The House passed a lot of legislation As we have discussed today, the cur- the Oval Office and guarantees that the last Congress. That does not mean that rent rules place enormous compliance needs of the American people will we should bring every bill directly to and financial burdens on small busi- never compete with or be beholden to a the floor and skip the committee proc- nesses, on farmers and ranchers, utili- President’s financial interests. This ess, because there are 56 new Members ties, and manufacturers. They take bill ensures that the President and who should also have a chance to put these small, risk-averse entities and Vice President’s assets are placed in a their imprint on legislation. The way place them under the same regulatory certified blind trust. the majority is bringing bills to the scheme as large financial institutions b 1300 floor, it ignores the concerns of the and hedge funds. H.R. 238 will differen- American public; it ignores pressing tiate and exempt the end users who are The bill also requires Presidential issues related to the incoming Presi- not a cause of systemic risk—as these appointees to recuse themselves from dent. entities inherently want to avoid matters involving the President’s fi- We have this window of time under risk—and, thus, shouldn’t be subject to nancial conflicts of interest. Every the outgoing President to send a bill to the same rules and requirements as fi- President in recent history, from Presi- his desk to require disclosure and di- nancial and investment firms that are dent Johnson to President Obama, has vestment from the new President, but less risk averse in nature. voluntarily used some form of blind that window is rapidly closing. We will The Commodity End-User Relief Act trust or placed their assets in an in- only have President Obama in the would make much-needed reforms at vestment vehicle over which they had White House for another week, so time the CFTC to strengthen their rule- no control. Our bill simply aligns the is running short. making process and add commonsense President-elect and future Presidents If we act now and defeat the previous consumer protections so these regula- with this long-held practice. question, hopefully the Senate will act tions are not a continual burden on our The American people are counting on within a few days, and we can get the Nation’s farmers and small businesses. our leadership. Every Democrat and bill to President Obama. But the Mr. Speaker, the rule also provides every Republican should want to elimi- timeline is very, very short to do this. for consideration of H.R. 78 under a nate uncertainty and promote trans- I do not expect that Mr. Trump would structured rule and makes all five parency and accountability in the ex- sign a bill that puts additional require- Democratic amendments in order. This ecutive branch. I ask my colleagues to ments on himself, although he would legislation takes important steps to vote ‘‘no’’ on the previous question so perhaps change that bill to affect fu- engrain a stronger commitment to eco- we can bring this urgently needed leg- ture Presidents because it needs to be nomic analysis at the SEC, which will islation to the floor. done. It is kind of shocking that we re- facilitate the promulgation of reason- Mr. NEWHOUSE. Mr. Speaker, while lied on precedents rather than law in able rules that do not unduly burden I applaud the optimism and enthusiasm this area. registered companies or negatively im- of the gentleman from Colorado (Mr. I urge my colleagues to vote ‘‘no’’ pact job creation. The measure will in- POLIS) about defeating the previous and defeat the previous question so I crease transparency and oversight, question, getting back to the debate on can bring forward Ms. CLARK’s bill as while facilitating additional analysis the rule, I have no further speakers, my amendment. I urge my colleagues and reviews of existing regulations, and I reserve the balance of my time. to vote ‘‘no’’ on the rule, and I urge my which should be something that all Mr. POLIS. Mr. Speaker, I am pre- colleagues to vote ‘‘no’’ on the under- Members of this body can support. pared to close, and I yield myself the lying bill. As elected Representatives, I believe balance of my time. I yield back the balance of my time. we must ensure our regulatory frame- I just want to emphasize how impor- Mr. NEWHOUSE. Mr. Speaker, I yield work is not politicized and that Fed- tant it is that we defeat the previous myself the balance of my time. eral regulators are thoroughly assess- question. There are so many questions Mr. Speaker, I certainly appreciate ing both the need for the regulation as that have been raised. Not only is it in the discussion over the past few min- well as adequately evaluating its po- keeping with longstanding precedent utes. I believe that this rule and the tential consequences. This bill takes for the President to divest and place underlying bills are strong measures important steps towards achieving all their assets in a blind trust, but it is that are important to the future of our of these goals. more important than ever with this country. It is important to remember that the President who has a complex web of as- This rule provides for ample debate financial crisis was not caused by the sets, nationally and internationally, on the floor, the opportunity to con- farmer who grows the food you eat for which are rife with conflicts of interest sider and vote on both H.R. 238 and dinner, or by the utility you buy elec- for the incoming administration. H.R. 78, as well as every amendment tricity from, or by the people who pro- I truly hope we can act in a bipar- that was submitted to the House Rules vide the wood in your desk or the tisan way to defeat the previous ques- Committee, which reflects the bal- metal used in your car. I don’t know of tion and bring forward Ms. CLARK’s anced, open, and deliberative process any reason why we should continue to simple, straightforward bill. It affects afforded by this rule. treat them as if they were responsible, future Presidents, Republican and H.R. 238 is a solid, substantial meas- which is what the current law does and Democratic, and it is a very simple, ure that will address several critical is what H.R. 238 seeks to correct. commonsense piece of legislation sim- issues that the CFTC and end user are Further, better informing the Amer- ply saying that they will divest and facing, while also addressing the ican people of the true impact of major place their assets in a blind trust, CFTC’s lapsed reauthorization with re- regulations does nothing to diminish something that is important for both authorizing the Commission through the ability of regulators to adequately the appearance of propriety as well as 2021. While some opponents have called address illegal or inappropriate activi- for the sake of propriety. for an open rule, this structured rule ties but, rather, increases transparency And yet instead of focusing on legis- makes all eight submitted amendments and the efficacy of Federal rules, which lation to investigate foreign powers un- in order. is why passage of H.R. 78 is so critical dermining our recent election, instead Mr. Speaker, no one wants to see both to our constituents and to our of focusing on preventing conflicts of complete deregulation of our financial economy. interest for the incoming administra- services industries and our commod- Mr. Speaker, this is a strong rule tion, instead of focusing on legislation ities and derivatives markets. How- that provides for open and fair consid- that would create jobs, reduce our def- ever, it is critical that the regulations eration of these vital pieces of legisla- icit, or improve on health care, instead put in place are appropriate for our tion as well as every amendment that

VerDate Sep 11 2014 07:33 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.031 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H321 was submitted to the House Rules vote on adopting the resolution . . . [and] Cramer Joyce (OH) Roe (TN) has no substantive legislative or policy im- Crawford Katko Rogers (AL) Committee. I am proud to speak in Culberson Kelly (MS) Rogers (KY) favor of this rule, and I urge all of my plications whatsoever.’’ But that is not what they have always said. Listen to the Repub- Davidson Kelly (PA) Rohrabacher colleagues to support House Resolution Davis, Rodney King (IA) Rokita lican Leadership Manual on the Legislative 40 and both of the underlying bills. Denham King (NY) Rooney, Francis Process in the United States House of Rep- Dent Kinzinger Rooney, Thomas The material previously referred to resentatives, (6th edition, page 135). Here’s DeSantis Knight J. by Mr. POLIS is as follows: how the Republicans describe the previous DesJarlais Kustoff (TN) Ros-Lehtinen AN AMENDMENT TO H. RES. 40 OFFERED BY question vote in their own manual: ‘‘Al- Diaz-Balart Labrador Roskam MR. POLLS though it is generally not possible to amend Donovan LaHood Ross the rule because the majority Member con- Duffy LaMalfa Rothfus At the end of the resolution, add the fol- Duncan (SC) Lamborn Rouzer lowing new sections: trolling the time will not yield for the pur- Duncan (TN) Lance Royce (CA) SEC. 6. Immediately upon adoption of this pose of offering an amendment, the same re- Dunn Latta Russell resolution the Speaker shall, pursuant to sult may be achieved by voting down the pre- Emmer Lewis (MN) Rutherford clause 2(b) of rule XVIII, declare the House vious question on the rule. . . When the mo- Farenthold LoBiondo Sanford resolved into the Committee of the Whole tion for the previous question is defeated, Faso Long Scalise Ferguson Loudermilk Schweikert House on the state of the Union for consider- control of the time passes to the Member who led the opposition to ordering the pre- Fitzpatrick Love Scott, Austin ation of the bill (H.R. 371) to address finan- Fleischmann Lucas Sensenbrenner cial conflicts of interest of the President and vious question. That Member, because he Flores Luetkemeyer Sessions Vice President. The first reading of the bill then controls the time, may offer an amend- Fortenberry MacArthur Shimkus shall be dispensed with. All points of order ment to the rule, or yield for the purpose of Foxx Marchant Simpson against consideration of the bill are waived. amendment.’’ Franks (AZ) Marino Smith (MO) General debate shall be confined to the bill In Deschler’s Procedure in the U.S. House Frelinghuysen Marshall Smith (NE) Gaetz Massie Smith (NJ) and shall not exceed one hour equally di- of Representatives, the subchapter titled ‘‘Amending Special Rules’’ states: ‘‘a refusal Gallagher Mast Smith (TX) vided and controlled by the Majority Leader Garrett McCarthy Smucker and the Minority Leader or their respective to order the previous question on such a rule Gibbs McCaul Stefanik designees. After general debate the bill shall [a special rule reported from the Committee Gohmert McClintock Stewart be considered for amendment under the five- on Rules] opens the resolution to amend- Goodlatte McHenry Stivers minute rule. All points of order against pro- ment and further debate.’’ (Chapter 21, sec- Gosar McKinley Taylor visions in the bill are waived. At the conclu- tion 21.2) Section 21.3 continues: ‘‘Upon re- Gowdy McMorris Tenney Granger Rodgers Thompson (PA) sion of consideration of the bill for amend- jection of the motion for the previous ques- tion on a resolution reported from the Com- Graves (GA) McSally Thornberry ment the Committee shall rise and report Graves (LA) Meadows Tiberi the bill to the House with such amendments mittee on Rules, control shifts to the Mem- Graves (MO) Meehan Tipton as may have been adopted. The previous ber leading the opposition to the previous Griffith Messer Trott question shall be considered as ordered on question, who may offer a proper amendment Grothman Mitchell Turner the bill and amendments thereto to final or motion and who controls the time for de- Guthrie Moolenaar Upton passage without intervening motion except bate thereon.’’ Harper Mooney (WV) Valadao Clearly, the vote on the previous question Hartzler Murphy (PA) Wagner one motion to recommit with or without in- Hensarling Newhouse Walberg structions. If the Committee of the Whole on a rule does have substantive policy impli- Hice, Jody B. Noem Walden rises and reports that it has come to no reso- cations. It is one of the only available tools Higgins (LA) Nunes Walker lution on the bill, then on the next legisla- for those who oppose the Republican major- Hill Olson Walorski tive day the House shall, immediately after ity’s agenda and allows those with alter- Holding Palazzo Walters, Mimi the third daily order of business under clause native views the opportunity to offer an al- Hollingsworth Palmer Weber (TX) 1 of rule XIV, resolve into the Committee of ternative plan. Hudson Paulsen Webster (FL) Huizenga Pearce Wenstrup the Whole for further consideration of the Mr. NEWHOUSE. Mr. Speaker, I yield Hultgren Perry Westerman bill. back the balance of my time, and I Hunter Pittenger Williams SEC. 7. Clause 1(c) of rule XIX shall not move the previous question on the res- Hurd Poe (TX) Wilson (SC) apply to the consideration of H.R. 371. Issa Poliquin Wittman olution. Jenkins (KS) Posey Womack THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The Jenkins (WV) Ratcliffe Woodall IT REALLY MEANS question is on ordering the previous Johnson (LA) Reed Yoder Johnson (OH) Reichert Yoho This vote, the vote on whether to order the question. Johnson, Sam Renacci Young (AK) previous question on a special rule, is not The question was taken; and the Jones Rice (SC) Young (IA) merely a procedural vote. A vote against or- Speaker pro tempore announced that Jordan Roby Zeldin dering the previous question is a vote the ayes appeared to have it. NAYS—168 against the Republican majority agenda and Mr. POLIS. Mr. Speaker, on that I a vote to allow the Democratic minority to demand the yeas and nays. Adams Cuellar Hoyer offer an alternative plan. It is a vote about Aguilar Cummings Huffman what the House should be debating. The yeas and nays were ordered. Barraga´ n Davis (CA) Jayapal Mr. Clarence Cannon’s Precedents of the The SPEAKER pro tempore. Pursu- Beatty Davis, Danny Jeffries House of Representatives (VI, 308–311), de- ant to clause 8 and clause 9 of rule XX, Bera DeFazio Kaptur scribes the vote on the previous question on Beyer DeGette Keating this 15-minute vote on ordering the Blumenauer Delaney Kennedy the rule as ‘‘a motion to direct or control the previous question will be followed by 5- Blunt Rochester DeLauro Khanna consideration of the subject before the House minute votes on agreeing to the resolu- Bonamici DelBene Kihuen being made by the Member in charge.’’ To tion, if ordered; and suspending the Boyle, Brendan Demings Kildee defeat the previous question is to give the F. DeSaulnier Kilmer opposition a chance to decide the subject be- rules and passing H.R. 39. Brady (PA) Deutch Kind fore the House. Cannon cites the Speaker’s The vote was taken by electronic de- Brownley (CA) Dingell Krishnamoorthi ruling of January 13, 1920, to the effect that vice, and there were—yeas 232, nays Bustos Doggett Kuster (NH) Capuano Doyle, Michael Langevin ‘‘the refusal of the House to sustain the de- 168, not voting 34, as follows: Carbajal F. Larsen (WA) mand for the previous question passes the [Roll No. 32] Ca´ rdenas Ellison Larson (CT) control of the resolution to the opposition’’ Carson (IN) Engel Lawrence YEAS—232 in order to offer an amendment. On March Cartwright Eshoo Lawson (FL) 15, 1909, a member of the majority party of- Abraham Bishop (MI) Byrne Castor (FL) Espaillat Levin fered a rule resolution. The House defeated Aderholt Bishop (UT) Calvert Castro (TX) Esty Lieu, Ted the previous question and a member of the Allen Black Carter (GA) Chu, Judy Foster Lipinski Amash Blackburn Carter (TX) Cicilline Frankel (FL) Loebsack opposition rose to a parliamentary inquiry, Amodei Blum Chabot Clark (MA) Gabbard Lofgren asking who was entitled to recognition. Arrington Bost Chaffetz Clarke (NY) Gallego Lowenthal Speaker Joseph G. Cannon (R–Illinois) said: Babin Brady (TX) Cheney Cleaver Garamendi Lowey ‘‘The previous question having been refused, Bacon Brat Coffman Cohen Gonzalez (TX) Lujan Grisham, the gentleman from New York, Mr. Fitz- Banks (IN) Bridenstine Cole Connolly Gottheimer M. gerald, who had asked the gentleman to Barletta Brooks (AL) Collins (GA) Conyers Green, Gene Luja´ n, Ben Ray yield to him for an amendment, is entitled to Barr Brooks (IN) Collins (NY) Cooper Grijalva Lynch Barton Buchanan Comer Correa Hanabusa Maloney, the first recognition.’’ Bergman Buck Comstock Costa Hastings Carolyn B. The Republican majority may say ‘‘the Beutler Bucshon Conaway Courtney Heck Maloney, Sean vote on the previous question is simply a Biggs Budd Cook Crist Higgins (NY) Matsui vote on whether to proceed to an immediate Bilirakis Burgess Costello (PA) Crowley Himes McEachin

VerDate Sep 11 2014 01:54 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.033 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H322 CONGRESSIONAL RECORD — HOUSE January 11, 2017 McGovern Raskin Speier Gibbs Luetkemeyer Rouzer Price (NC) Serrano Torres McNerney Rice (NY) Suozzi Gohmert MacArthur Royce (CA) Quigley Sewell (AL) Tsongas Meeks Rosen Swalwell (CA) Goodlatte Marchant Russell Raskin Shea-Porter Vargas Meng Roybal-Allard Takano Gosar Marino Rutherford Rice (NY) Sherman Veasey Moulton Ruiz Thompson (CA) Gowdy Marshall Sanford Rosen Sires Vela Murphy (FL) Ruppersberger Thompson (MS) Granger Massie Scalise Roybal-Allard Slaughter Vela´ zquez ´ Napolitano Sanchez Titus Graves (GA) Mast Schweikert Ruiz Smith (WA) Visclosky Neal Sarbanes Tonko Graves (LA) McCarthy Scott, Austin Ruppersberger Soto Walz Nolan Schakowsky Sa´ nchez Speier Torres Graves (MO) McCaul Sensenbrenner Wasserman Norcross Schiff Sarbanes Suozzi Tsongas Griffith McClintock Sessions Schultz O’Halleran Schneider Grothman McHenry Schakowsky Swalwell (CA) Vargas Shimkus Waters, Maxine O’Rourke Schrader Guthrie McKinley Schiff Takano Veasey Shuster Welch Pallone Scott (VA) Harper McMorris Schneider Thompson (CA) Vela Simpson Wilson (FL) Panetta Scott, David Hartzler Rodgers Schrader Thompson (MS) Vela´ zquez Sinema Pascrell Serrano Hensarling McSally Scott (VA) Titus Yarmuth Visclosky Smith (MO) Pelosi Sewell (AL) Hice, Jody B. Meadows Scott, David Tonko Smith (NE) Peters Shea-Porter Walz Higgins (LA) Meehan Smith (NJ) Peterson Sherman Wasserman Hill Messer NOT VOTING—31 Smith (TX) Pingree Sinema Schultz Holding Mitchell Bass Green, Al Payne Smucker Pocan Sires Waters, Maxine Hollingsworth Moolenaar Becerra Harris Perlmutter Stefanik Polis Slaughter Welch Hudson Mooney (WV) Bishop (GA) Jackson Lee Pompeo Stewart Price (NC) Smith (WA) Wilson (FL) Huizenga Mullin Brown (MD) Johnson (GA) Price, Tom (GA) Stivers Quigley Soto Yarmuth Hultgren Murphy (PA) Butterfield Johnson, E. B. Richmond Taylor Hunter Newhouse Clay Kelly (IL) Rush NOT VOTING—34 Tenney Hurd Noem Clyburn Lee Ryan (OH) Bass Harris Payne Thompson (PA) Issa Nunes Cole Lewis (GA) Watson Coleman Becerra Jackson Lee Perlmutter Jenkins (KS) Olson Thornberry Evans Moore Zinke Bishop (GA) Johnson (GA) Pompeo Jenkins (WV) Palazzo Tiberi Frelinghuysen Mulvaney Brown (MD) Johnson, E. B. Price, Tom (GA) Johnson (LA) Palmer Tipton Fudge Nadler Butterfield Kelly (IL) Richmond Johnson (OH) Paulsen Trott Clay Lee Rush Johnson, Sam Pearce Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clyburn Lewis (GA) Ryan (OH) Jones Perry Upton The SPEAKER pro tempore (during Curbelo (FL) McCollum Shuster Jordan Pittenger Valadao Evans Moore the vote). There are 2 minutes remain- Watson Coleman Joyce (OH) Poe (TX) Wagner Fudge Mullin ing. Zinke Katko Poliquin Walberg Green, Al Mulvaney Kelly (MS) Posey Walden Gutie´rrez Nadler Kelly (PA) Ratcliffe Walker b 1339 King (IA) Reed b 1332 Walorski King (NY) Reichert Walters, Mimi Mr. CUMMINGS changed his vote Kinzinger Renacci Mr. CONYERS changed his vote from Weber (TX) from ‘‘aye’’ to ‘‘no.’’ Knight Rice (SC) Webster (FL) ‘‘yea’’ to ‘‘nay.’’ Kustoff (TN) Roby So the resolution was agreed to. Wenstrup Mr. STIVERS changed his vote from Labrador Roe (TN) Westerman The result of the vote was announced ‘‘nay’’ to ‘‘yea.’’ LaHood Rogers (AL) as above recorded. LaMalfa Rogers (KY) Williams So the previous question was ordered. Wilson (SC) A motion to reconsider was laid on The result of the vote was announced Lamborn Rohrabacher Lance Rokita Wittman the table. as above recorded. Latta Rooney, Francis Womack Woodall Stated for: Lewis (MN) Rooney, Thomas f Mr. CURBELO of Florida. Mr. Speaker, I LoBiondo J. Yoder Long Ros-Lehtinen Yoho was unavoidably detained. Had I been Loudermilk Roskam Young (AK) TESTED ABILITY TO LEVERAGE present, I would have voted ‘‘yea’’ on rollcall Love Ross Young (IA) EXCEPTIONAL NATIONAL TAL- No. 32. Lucas Rothfus Zeldin ENT ACT OF 2017 The SPEAKER pro tempore. The question is on the resolution. NOES—170 The SPEAKER pro tempore. The un- The question was taken; and the Adams DeLauro Langevin finished business is the vote on the mo- Speaker pro tempore announced that Aguilar DelBene Larsen (WA) tion to suspend the rules and pass the Amash Demings Larson (CT) the ayes appeared to have it. Barraga´ n DeSaulnier Lawrence bill (H.R. 39) to amend title 5, United RECORDED VOTE Beatty Deutch Lawson (FL) States Code, to codify the Presidential Mr. POLIS. Mr. Speaker, I demand a Bera Dingell Levin Innovation Fellows Program, and for Beyer Doggett Lieu, Ted other purposes, on which the yeas and recorded vote. Blumenauer Doyle, Michael Lipinski A recorded vote was ordered. Blunt Rochester F. Loebsack nays were ordered. The SPEAKER pro tempore. This is a Bonamici Ellison Lofgren The Clerk read the title of the bill. 5-minute vote. Boyle, Brendan Engel Lowenthal The SPEAKER pro tempore. The The vote was taken by electronic de- F. Eshoo Lowey Brady (PA) Espaillat Lujan Grisham, question is on the motion offered by vice, and there were—ayes 233, noes 170, Brownley (CA) Esty M. the gentleman from Texas (Mr. HURD) not voting 31, as follows: Bustos Foster Luja´ n, Ben Ray that the House suspend the rules and [Roll No. 33] Capuano Frankel (FL) Lynch pass the bill. Carbajal Gabbard Maloney, AYES—233 Ca´ rdenas Gallego Carolyn B. This is a 5-minute vote. Abraham Brooks (IN) Davidson Carson (IN) Garamendi Maloney, Sean The vote was taken by electronic de- Aderholt Buchanan Davis, Rodney Cartwright Gonzalez (TX) Matsui vice, and there were—yeas 386, nays 17, Allen Buck Denham Castor (FL) Gottheimer McCollum not voting 31, as follows: Amodei Bucshon Dent Castro (TX) Green, Gene McEachin Arrington Budd DeSantis Chu, Judy Grijalva McGovern [Roll No. 34] ´ Babin Burgess DesJarlais Cicilline Gutierrez McNerney YEAS—386 Bacon Byrne Diaz-Balart Clark (MA) Hanabusa Meeks Banks (IN) Calvert Donovan Clarke (NY) Hastings Meng Abraham Beyer Brownley (CA) Barletta Carter (GA) Duffy Cleaver Heck Moulton Adams Biggs Buchanan Barr Carter (TX) Duncan (SC) Cohen Higgins (NY) Murphy (FL) Aderholt Bilirakis Bucshon Barton Chabot Duncan (TN) Connolly Himes Napolitano Aguilar Bishop (MI) Burgess Bergman Chaffetz Dunn Conyers Hoyer Neal Allen Bishop (UT) Bustos Beutler Cheney Emmer Cooper Huffman Nolan Amodei Black Byrne Biggs Coffman Farenthold Correa Jayapal Norcross Arrington Blackburn Calvert Bilirakis Collins (GA) Faso Costa Jeffries O’Halleran Babin Blum Capuano Bishop (MI) Collins (NY) Ferguson Courtney Kaptur O’Rourke Bacon Blumenauer Carbajal Bishop (UT) Comer Fitzpatrick Crist Keating Pallone Banks (IN) Blunt Rochester Ca´ rdenas Black Comstock Fleischmann Crowley Kennedy Panetta Barletta Bonamici Carson (IN) Blackburn Conaway Flores Cuellar Khanna Pascrell Barr Bost Carter (GA) Blum Cook Fortenberry Cummings Kihuen Pelosi Barraga´ n Boyle, Brendan Carter (TX) Bost Costello (PA) Foxx Davis (CA) Kildee Peters Barton F. Cartwright Brady (TX) Cramer Franks (AZ) Davis, Danny Kilmer Peterson Beatty Brady (PA) Castor (FL) Brat Crawford Gaetz DeFazio Kind Pingree Bera Brady (TX) Castro (TX) Bridenstine Culberson Gallagher DeGette Krishnamoorthi Pocan Bergman Bridenstine Chabot Brooks (AL) Curbelo (FL) Garrett Delaney Kuster (NH) Polis Beutler Brooks (IN) Chaffetz

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.005 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H323 Cheney Hice, Jody B. Murphy (FL) Thornberry Vela´ zquez Wenstrup REGULATORY ACCOUNTABILITY Chu, Judy Higgins (LA) Murphy (PA) Tiberi Visclosky Westerman Cicilline Higgins (NY) Napolitano Tipton Wagner Williams ACT OF 2017 Clark (MA) Hill Neal Titus Walberg Wilson (FL) GENERAL LEAVE Clarke (NY) Himes Newhouse Tonko Walden Wilson (SC) Mr. GOODLATTE. Mr. Speaker, I ask Cleaver Holding Noem Torres Walker Wittman Coffman Hollingsworth Nolan Trott Walorski Womack unanimous consent that all Members Cohen Hoyer Norcross Tsongas Walters, Mimi Woodall may have 5 legislative days within Cole Hudson Nunes Turner Walz Yarmuth which to revise and extend their re- Collins (GA) Huffman O’Halleran Upton Wasserman Yoder marks and include extraneous mate- Collins (NY) Huizenga O’Rourke Valadao Schultz Yoho Comer Hultgren Olson Vargas Weber (TX) Young (AK) rials on H.R. 5. Comstock Hurd Palazzo Veasey Webster (FL) Young (IA) The SPEAKER pro tempore. Is there Conaway Issa Pallone Vela Welch Zeldin objection to the request of the gen- Connolly Jayapal Palmer NAYS—17 tleman from Virginia? Conyers Jeffries Panetta There was no objection. Cook Jenkins (KS) Pascrell Amash Gosar Labrador Cooper Jenkins (WV) Paulsen Brat Griffith Massie The SPEAKER pro tempore (Mr. Correa Johnson (LA) Pearce Brooks (AL) Grothman Perry ALLEN). Pursuant to House Resolution Costa Johnson (OH) Pelosi Buck Hunter Poe (TX) 33 and rule XVIII, the Chair declares Costello (PA) Johnson, Sam Peters Budd Jones Sanford the House in the Committee of the Courtney Joyce (OH) Peterson Gohmert Jordan Whole House on the state of the Union Cramer Kaptur Pingree NOT VOTING—31 Crawford Katko Pittenger for the consideration of the bill, H.R. 5. Crist Keating Pocan Bass Jackson Lee Pompeo The Chair appoints the gentleman Crowley Kelly (MS) Poliquin Becerra Johnson (GA) Price, Tom (GA) from Illinois (Mr. BOST) to preside over Bishop (GA) Johnson, E. B. Cuellar Kelly (PA) Polis Richmond the Committee of the Whole. Culberson Kennedy Posey Brown (MD) Kelly (IL) Rush Cummings Khanna Price (NC) Butterfield Lee Rutherford b 1350 Curbelo (FL) Kihuen Quigley Clay Lewis (GA) Ryan (OH) Davidson Kildee Raskin Clyburn Moore Waters, Maxine IN THE COMMITTEE OF THE WHOLE Davis (CA) Kilmer Ratcliffe Evans Mulvaney Watson Coleman Accordingly, the House resolved Fudge Nadler Davis, Danny Kind Reed Zinke itself into the Committee of the Whole Davis, Rodney King (IA) Reichert Green, Al Payne DeFazio King (NY) Renacci Harris Perlmutter House on the state of the Union for the DeGette Kinzinger Rice (NY) consideration of the bill (H.R. 5) to re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Delaney Knight Rice (SC) form the process by which Federal The SPEAKER pro tempore (during DeLauro Krishnamoorthi Roby agencies analyze and formulate new DelBene Kuster (NH) Roe (TN) the vote). There are 2 minutes remain- regulations and guidance documents, Demings Kustoff (TN) Rogers (AL) ing. Denham LaHood Rogers (KY) to clarify the nature of judicial review Dent LaMalfa Rohrabacher b 1346 of agency interpretations, to ensure DeSantis Lamborn Rokita DeSaulnier Lance Rooney, Francis So (two-thirds being in the affirma- complete analysis of potential impacts DesJarlais Langevin Rooney, Thomas tive) the rules were suspended and the on small entities of rules, and for other Deutch Larsen (WA) J. bill was passed. purposes, with Mr. BOST in the chair. Diaz-Balart Larson (CT) Ros-Lehtinen The result of the vote was announced The Clerk read the title of the bill. Dingell Latta Rosen The CHAIR. Pursuant to the rule, the Doggett Lawrence Roskam as above recorded. Donovan Lawson (FL) Ross bill is considered read the first time. A motion to reconsider was laid on The gentleman from Virginia (Mr. Doyle, Michael Levin Rothfus the table. F. Lewis (MN) Rouzer GOODLATTE) and the gentleman from Duffy Lieu, Ted Roybal-Allard PERSONAL EXPLANATION Michigan (Mr. CONYERS) each will con- Duncan (SC) Lipinski Royce (CA) Mr. BROWN of Maryland. Mr. Speaker, I re- Duncan (TN) LoBiondo Ruiz trol 30 minutes. Dunn Loebsack Ruppersberger grettably was absent from the following votes The Chair recognizes the gentleman Ellison Lofgren Russell in order to attend the Senate confirmation from Virginia. Emmer Long Sa´ nchez hearing for Attorney General nominee Senator Mr. GOODLATTE. Mr. Chairman, I Engel Loudermilk Sarbanes Eshoo Love Scalise SESSIONS. Had I been present, I would have yield myself such time as I may con- Espaillat Lowenthal Schakowsky voted ‘‘nay’’ on rollcall No. 32, ‘‘nay’’ on rollcall sume. Esty Lowey Schiff No. 33, and ‘‘yea’’ on rollcall No. 34. Mr. Chairman, it is a new day in Farenthold Lucas Schneider America. For 8 years, the Obama ad- Faso Luetkemeyer Schrader PERSONAL EXPLANATION Ferguson Lujan Grisham, Schweikert Mr. CLAY. Mr. Speaker, I attended Senate ministration has brought us one thing Fitzpatrick M. Scott (VA) confirmation hearing for U.S. Attorney General in response to the Nation’s need for re- ´ Fleischmann Lujan, Ben Ray Scott, Austin in Judiciary Committee. Had I been present, I covery from hard times—failure. Flores Lynch Scott, David Bold, innovative measures to unleash Fortenberry MacArthur Sensenbrenner would have voted ‘‘nay’’ on rollcall No. 32, Foster Maloney, Serrano ‘‘nay’’ on rollcall No. 33, and ‘‘yea’’ on rollcall American freedom, opportunity, and Foxx Carolyn B. Sessions No. 34. resourcefulness could have brought Frankel (FL) Maloney, Sean Sewell (AL) prosperity’s return after the Great Re- PERSONAL EXPLANATION Franks (AZ) Marchant Shea-Porter cession, just as under Ronald Reagan Frelinghuysen Marino Sherman Mr. EVANS. Mr. Speaker, I attended Senate Gabbard Marshall Shimkus following his era’s recession. Gaetz Mast Shuster hearing. Had I been present, I would have But the Obama administration re- Gallagher Matsui Simpson voted ‘‘nay’’ on rollcall No. 32, ‘‘nay’’ on rollcall sponded differently, with measure after Gallego McCarthy Sinema No. 33, and ‘‘yea’’ on rollcall No. 34. Garamendi McCaul Sires overreaching measure, through regula- Garrett McClintock Slaughter PERSONAL EXPLANATION tion, taxes, and spending. It was con- Gibbs McCollum Smith (MO) Ms. JACKSON LEE. Mr. Speaker, on sumed by the folly of trying to force Gonzalez (TX) McEachin Smith (NE) Wednesday, January 11, 2017, I was unavoid- transformation from the American peo- Goodlatte McGovern Smith (NJ) Gottheimer McHenry Smith (TX) ably detained attending to representation du- ple through command and control from Gowdy McKinley Smith (WA) ties and was not present for rollcall Votes 32 Washington. Everywhere it went, it Granger McMorris Smucker through 34. Had I been present, I would have sought to choose the winners and los- Graves (GA) Rodgers Soto voted as follows: On rollcall 32, I would have Graves (LA) McNerney Speier ers. Graves (MO) McSally Stefanik voted ‘‘no.’’ On rollcall 33, I would have voted When Washington tries to choose the Green, Gene Meadows Stewart ‘‘no.’’ On rollcall 34, I would have voted ‘‘aye.’’ winners and losers, we all lose. And Grijalva Meehan Stivers f lose we have. We have a national debt Guthrie Meeks Suozzi of $20 trillion thanks to the outgoing Gutie´rrez Meng Swalwell (CA) MESSAGE FROM THE PRESIDENT Hanabusa Messer Takano administration’s blowout spending. We Harper Mitchell Taylor A message in writing from the Presi- have an economy that for 8 years has Hartzler Moolenaar Tenney dent of the United States was commu- failed to produce enough good, new, Hastings Mooney (WV) Thompson (CA) Heck Moulton Thompson (MS) nicated to the House by Mr. Brian full-time jobs to sustain growth and re- Hensarling Mullin Thompson (PA) Pate, one of his secretaries. store dignity to the unemployed. We

VerDate Sep 11 2014 01:54 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.008 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H324 CONGRESSIONAL RECORD — HOUSE January 11, 2017 have 92 million Americans outside the Title IV prevents one of the most HOUSE OF REPRESENTATIVES, workforce, a level not seen since the egregious of bureaucrats’ regulatory COMMITTEE ON THE JUDICIARY, Carter years, and nearly $2 trillion of abuses: the promulgation of new rules Washington, DC, January 6, 2017. Hon. JASON CHAFFETZ, American wealth is commandeered that impose over a billion dollars in each year to be spent as Washington Chairman, Committee on Oversight and Govern- annual compliance costs, which must ment Reform, Washington, DC. bureaucrats see fit, through runaway then be complied with even while meri- DEAR CHAIRMAN CHAFFETZ: Thank you for regulation. consulting with the Committee on the Judi- But it is a new day in America. An torious litigation challenging their issuance proceeds in court. Title IV, ciary and agreeing to be discharged from fur- incoming administration promises a ther consideration of H.R. 5, the ‘‘Regulatory new approach to make America great the REVIEW Act, eliminates this Accountability Act,’’ so that the bill may again. Central to that approach is reg- abuse, forcing agencies to stay their proceed expeditiously to the House floor. ulatory reform. The Obama adminis- billion-dollar rules administratively if I agree that your foregoing further action tration abused regulation to force its they are timely challenged in court. on this measure does not in any way dimin- ish or alter the jurisdiction of your com- will on the American people. The as- And in titles V and VI of the bill, the mittee or prejudice its jurisdictional prerog- sembling Trump administration prom- ALERT Act and the Providing Ac- atives on this bill or similar legislation in ises to wipe out abusive regulation, countability Through Transparency the future. I would support your effort to freeing Americans to innovate and Act, this legislation delivers much- seek appointment of an appropriate number prosper once more. Today’s legislation needed, greater transparency for the of conferees from your committee to any will give this new administration the House-Senate conference on this legislation. public about what new regulations tools. I will seek to place our letters on The heart of today’s bill, the Regu- agencies are developing and proposing H.R. 5 into the Congressional Record latory Accountability Act, title I, re- so they can better prepare to comment during floor consideration of the bill. I stores to the people the true right to be on what is proposed, shape what is pro- appreciate your cooperation regarding heard by Washington’s regulators. It mulgated, and comply with final rules. this legislation and look forward to commands Washington bureaucrats to With the help of these reforms, we continuing to work together as this listen to the facts and ideas offered by can truly make America more competi- measure moves through the legislative the people and to follow them when tive again, put Americans back to process. Sincerely, they are better than the bureaucracy’s work, and free America’s entrepreneurs own. It calls on regulatory agencies to BOB GOODLATTE to innovate and launch more exciting achieve the benefits Congress has Chairman. new products and services again. called on them through statutes to I thank my colleagues, Small Busi- HOUSE OF REPRESENTATIVES, achieve. But it gives the people full op- COMMITTEE ON SMALL BUSINESS, portunities to offer fresh alternatives ness Committee Chairman CHABOT, Washington, DC, January 6, 2017. for doing so and to vet with the agen- Subcommittee Chairman MARINO, Rep- Hon. BOB GOODLATTE, cies the facts and ideas that work and resentative RATCLIFFE, and Represent- Chairman, Committee on the Judiciary, House those that don’t. ative LUETKEMEYER, who have joined of Representatives. After the public has fully contributed me in contributing titles to this legis- DEAR CHAIRMAN GOODLATTE: I am writing to you regarding H.R. 5, the ‘‘Regulatory Ac- its say, agencies must choose the low- lation. est cost alternative proven to work, countability Act of 2017.’’ The legislation achieving the needed benefits but re- I urge all of my colleagues to support falls within the jurisdiction of the Com- this bill, and I reserve the balance of mittee on Small Business pursuant to Rule jecting unneeded costs. That leaves re- X, c1.1(q) of the Rules of the House. sources free to generate the benefits, my time. In the interest of permitting the Com- create the jobs, and yield the higher HOUSE OF REPRESENTATIVES, COM- mittee on the Judiciary to proceed expedi- wages only the private sector, through MITTEE ON OVERSIGHT AND GOV- tiously to consideration of H.R. 5 on the hard work and ingenuity, can achieve. ERNMENT REFORM, House floor, I agree that the Committee on The other titles of the bill strongly Washington, DC, January 6, 2017. Small Business be discharged from further buttress this reform. Hon. BOB GOODLATTE, consideration of the bill. I do so with the un- Title II, the Separation of Powers Chairman, Committee on the Judiciary, Wash- derstanding that by waiving consideration of Restoration Act, wipes out judicial def- ington, DC. the bill, the Committee on Small Business does not waive any future jurisdictional erence to agency interpretations of DEAR MR. CHAIRMAN: I write concerning claim over the subject matters contained in statutes and regulations and restores H.R. 5, the Regulatory Accountability Act of the bill which fall within its Rule X jurisdic- to our system of checks and balances 2017. As you know, the Committee on the Ju- tion. I request that you urge the Speaker to the rule Justice Marshall declared in diciary received an original referral and the name members of the Committee on Small Marbury v. Madison that ‘‘it is em- Committee on Oversight and Government Business to any House-Senate conference phatically the province and duty of the Reform a secondary referral when the bill that may be convened on this legislation. judicial department to say what the was introduced on January 3, 2017. I recog- Finally, I would appreciate your response law is’’—not the bureaucracy. When nize and appreciate your desire to bring this to this letter and would ask that a copy our title II is law, our courts will no more legislation before the House of Representa- exchange of letters be included in the Con- tives in an expeditious manner, and accord- gressional Record during consideration of be rubber stamps for runaway regu- the measure on the House floor. Thank you latory interpretations that burst the ingly, the Committee on Oversight and Gov- ernment Reform will forego action on the for the cooperative spirit in which you have bounds of what Congress truly intended bill. worked regarding this issue and others be- through statutes. tween our respective committees. Title III, the Small Business Regu- The Committee takes this action with our Sincerely, latory Flexibility Improvements Act, mutual understanding that by foregoing con- STEVE CHABOT, provides teeth to existing law written sideration of H.R. 5 at this time, we do not Chairman. to prompt regulatory agencies to tailor waive any jurisdiction over the subject mat- flexibility for small businesses into ter contained in this or similar legislation. CONGRESS OF THE UNITED STATES, Further, I request your support for the ap- Washington, DC, January 6, 2017. their rules. Small businesses have pointment of conferees from the Committee Hon. STEVE CHABOT, fewer resources to comply with Wash- on Oversight and Government Reform during Chairman, Committee on Small Business. ington’s mandates. They need flexi- any House-Senate conference convened on DEAR CHAIRMAN CHABOT: Thank you for bility to survive. The terms of existing this or related legislation. consulting with the Committee on the Judi- law for too long have been ignored by ciary and agreeing to be discharged from fur- Washington bureaucrats. Title III Finally, I would ask that a copy of our ex- ther consideration of H.R. 5, the ‘‘Regulatory change of letters on this matter be included assures the law will no longer be ig- Accountability Act,’’ so that the bill may in the Congressional Record during floor proceed expeditiously to the House floor. nored, resulting in freedom and flexi- consideration to memorialize our under- I agree that your foregoing further action bility for America’s small businesses, standing. on this measure does not in any way dimin- which create the lion’s share of new Sincerely, ish or alter the jurisdiction of your com- jobs in this country and are pillars of JASON CHAFFETZ, mittee or prejudice its jurisdictional prerog- communities across this land. Chairman. atives on this bill or similar legislation in

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.042 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H325 the future. I would support your effort to Clearly, H.R. 5 fails to take into ac- tween employers and unions on the measures seek appointment of an appropriate number count a vast array of time-sensitive that are needed to improve protections. of conferees from your committee to any rules ranging from the mundane, such OSHA’s silica standard to protect workers House-Senate conference on this legislation. from deadly silica dust took nearly 19 years I will seek to place our letters on H.R. 5 as the frequent United States Coast and the beryllium standard 15 years. The into the Congressional Record during floor Guard bridge closings regulations, to RAA will further delay needed rules and cost consideration of the bill. I appreciate your those that protect public health and workers their lives. cooperation regarding this legislation and safety, such as forthcoming updates to The RAA substitutes formal rulemaking look forward to continuing to work together the Lead and Copper Rule by the Envi- for the current procedures for public partici- as this measure moves through the legisla- ronmental Protection Agency to re- pation for high impact rules and other major rules upon request. These formal rulemaking tive process. duce the lead in public drinking water. Sincerely, procedures will make it more difficult for Finally, title II of H.R. 5 would elimi- workers and members of the public to par- BOB GOODLATTE, nate judicial deference to agencies and Chairman. ticipate, and give greater access and influ- require Federal courts to review all ence to business groups that have the re- Mr. CONYERS. Mr. Chairman, I yield agency rulemakings and interpreta- sources to hire lawyers and lobbyists to par- myself such time as I may consume. tions of statutes on a de novo basis. ticipate in this complex process. For agen- I rise in opposition, of course, to H.R. The unfortunate result of this require- cies that already provide for public hearings, 5, the so-called Regulatory Account- such as OSHA and MSHA, the bill would sub- ment is that the bill would empower a ability Act. stitute formal rulemaking for the develop- Under the guise of improving the reg- generalist court to override the deter- ment of all new rules, overriding the effec- ulatory process, H.R. 5 will, in truth, minations of agency experts, regardless tive public participation processes conducted undermine that process and jeopardize of the judge’s technical knowledge and by these agencies. understanding of the underlying sub- H.R. 5 would subject all agencies—includ- the ability of government agencies to ing independent agencies like the Securities safeguard public health and safety, the ject matter. By eliminating any deference to and Exchange Commission, the National environment, workplace safety, and Labor Relations Board (NLRB), Consumer agencies, H.R. 5 would force agencies to consumer financial protections. Product Safety Commission (CPSC), and the It is not a pleasant picture. The ways adopt even more detailed factual Consumer Financial Protection Bureau in which this legislation accomplishes records and explanations, which would (CFPB) to these new analytical and proce- this result are almost too numerous to further delay the finalization of crit- dural requirements. It would be much more difficult for agencies to develop and issue list here, but, of course, I will mention ical lifesaving regulatory protections. The Supreme Court has recognized new financial reform rules and consumer a few. that Federal courts simply lack the protection rules required under recently en- For example, title I of the bill would acted legislation. impose more than 70 new analytical re- subject-matter expertise of agencies, This radical legislation doesn’t just apply quirements that will add years to the are politically unaccountable, and to regulations; it would also require agencies rulemaking process. should not engage in making sub- to analyze the costs and benefits of major Is that what we want to do? I don’t stantive determinations from the guidance documents, even though these doc- bench. It is ironic that those who have uments are non-binding and have no legal think so. force. Guidance documents are an important Worse yet, many of these new re- long decried judicial activism now sup- port facilitating a greater role for the tool for agencies to disseminate information quirements are intended to facilitate on significant issues and hazards quickly in the ability of regulated entities—such judiciary in agency rulemaking. order to protect the public and workers. For as well-funded corporate interests—to These are only a few of the many se- example, in response to the Ebola virus intervene and derail regulatory protec- rious concerns presented by H.R. 5, threat, the Centers for Disease Control (CDC) tions they oppose. And it would func- and, accordingly, I urge my colleagues issued critical guidance documents in order tion as a ‘‘super-mandate,’’ overriding to strongly oppose this dangerous leg- to prevent the spread of disease, including islation. recommendations for infection control and critical laws that Congress specifically protections for healthcare workers and emer- intended to prohibit agencies from con- Mr. Chairman, I reserve the balance of my time. gency responders. Similar guidance was sidering costs when American lives are issued was issued to prevent transmission of AFL–CIO at stake. the Zika virus. Under the RAA’s provisions, LEGISLATIVE ALERT, CDC would be required to assess the costs Additionally, the bill creates numer- Washington, DC, January 10, 2017. and benefits of these major guidance docu- ous procedural hurdles in the rule- DEAR REPRESENTATIVE: On behalf of the ments, making it virtually impossible to making process, further endangering AFL–CIO, I am writing to express our strong provide information and recommendations in American lives through years of delay opposition to H.R. 5, the Regulatory Ac- a timely manner. and increasing the likelihood of regu- countability Act of 2017. This sweeping bill, H.R. 5 also includes a grab bag of other latory capture. which packages six anti-regulatory measures harmful anti-regulatory measures that passed by the House in the last Congress, b 1400 thwart, weaken and undermine protections. would upend 40 years of labor, health, safety The Separation of Powers Restoration Act For example, H.R. 5 dramatically ex- and environmental laws, threaten new need- abolishes judicial deference to agencies’ stat- pands the use of formal rulemaking, a ed protections leaving workers and the pub- utory interpretations in rulemaking requir- time- and resource-intensive process, lic in danger. The AFL–CIO urges you to op- ing a court to decide all relevant questions pose this harmful legislation. of law de novo, allowing courts to substitute requiring formal, trial-like hearings The Regulatory Accountability Act (RAA) for certain rules. Formal rulemaking their own policy judgements for the agen- is drafted as an amendment to the Adminis- cies’ expert policy determinations. The has long been roundly rejected for good trative Procedure Act (APA), but it goes far Small Business Regulatory Flexibility Im- cause as being excessively costly and beyond establishing procedures for rule- provements Act (SBRFIA) imposes numerous ill-suited for complex policy issues. making. The RAA acts as a ‘‘super mandate’’ unnecessary new analytical and procedural The administrative section of the overriding the requirements of landmark requirements on all agencies. It gives the American Bar Association noted that legislation such as the Occupational Safety Chief Counsel of the Small Business Admin- ‘‘these provisions run directly contrary and Health Act and Mine Safety and Health istration’s (SBA) Office of Advocacy, which to a virtual consensus in the adminis- Act. The bill would require agencies to adopt in practice operates largely as a mouthpiece the least costly rule, instead of the most pro- trative law community that the Ad- for large business interests, new broad pow- tective rule as is now required by the OSH ers to second guess and challenge agency ministrative Procedure Act formal Act and MSH Act. It would make protecting rules. The Require Evaluation before Imple- rulemaking procedure is obsolete.’’ workers and the public secondary to limiting menting Executive Wishlists Act (REVIEW I am also concerned that H.R. 5 costs and impacts on businesses and corpora- Act) would automatically stay the imple- would impose an arbitrary, one-size- tions. mentation of any rule with an estimated an- fits-all, 6-month delay on virtually The RAA will not improve the regulatory nual cost of $1 billion that has been chal- every new rule. Specifically, title V of process; it will cripple it. The bill adds doz- lenged, precluding courts from making this the bill will prohibit agency rules from ens of new analytical and procedural require- decision, and delaying protections. Other ti- ments to the rulemaking process, adding becoming effective until the informa- tles add even more unnecessary require- years to an already slow process. The devel- ments to the rulemaking process. tion required by the bill has been avail- opment of major workplace safety rules al- The Regulatory Accountability Act would able online for 6 months with only lim- ready takes 8—10 years or more, even for gut the nation’s safety, health and environ- ited exception. rules where there is broad agreement be- mental laws, stripping away protections

VerDate Sep 11 2014 01:54 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.013 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H326 CONGRESSIONAL RECORD — HOUSE January 11, 2017 from workers and the public. It would tilt agency interpretations of their own statutes, Wishlists Act (REVIEW Act); the All Eco- the regulatory process solidly in favor of as reflected in Chevron U.S.A., Inc., v. nomic Regulations are Transparent Act business groups and others who want to stop NRDC, 467 U.S. 837 (1984), is a well-settled ap- (ALERT Act); the Separation of Powers Res- regulations and make it virtually impossible proach that promotes sound and efficient toration Act; and the Providing Account- for the government to issue needed safe- agency enforcement, with effective judicial ability Through Transparency Act. These ti- guards. The AFL–CIO strongly opposes H.R. 5 review. Under the Chevron doctrine, courts tles make an already damaging bill even and urges you to vote against this dangerous retain full judicial power to review agency worse. legislation. legal interpretations, but do not simply sub- Specifically, the RAA would require all Sincerely, stitute their own judgment for an agency’s. agencies, regardless of their statutorily man- WILLIAM SAMUEL, Chevron recognizes that agencies accumu- dated missions, to adopt the least costly Director, Government Affairs Department. late uniquely valuable expertise in the laws rule, without consideration of the impact on they administer, which makes deference public health and safety or the impact on CONSUMER REPORTS, from reviewing courts—which do not have our financial marketplace. As such, the RAA January 10, 2017. that expertise—appropriate. would override important bipartisan laws HOUSE OF REPRESENTATIVES, Overturning this approach would lead to that have been in effect for years, as well as Washington, DC. disaster. It would severely hamper effective more recently enacted laws to protect con- DEAR REPRESENTATIVE: Consumer Reports regulatory agency enforcement of critical sumers from unfair and deceptive financial and its policy and mobilization arm, Con- protections on which consumers depend. As services, unsafe food and unsafe consumer sumers Union, urge you to vote no on H.R. 5, the Supreme Court stated in City of Arling- products. For example, the RAA would likely have the Regulatory Accountability Act of 2017. ton, Tex. v. F.C.C., 133 S. Ct. 1863, 1874 (2013): prevented the Federal Reserve from adopting This dangerous proposal would do severe ‘‘Thirteen Courts of Appeals applying a to- damage to protections consumers depend on popular credit card rules under the Truth in tality-of-the-circumstances test would Lending Act in 2008 that prevented card com- for health, safety, and honest treatment. render the binding effect of agency rules un- Congress has charged federal agencies with panies from unjustifiably increasing interest predictable and destroy the whole stabilizing rates and fees on consumers. This is because protecting the public from threats such as purpose of Chevron. The excessive agency tainted food, hazardous products, dirty air these far-reaching changes to abusive prac- power that the dissent fears would be re- tices that were widespread in the market- and water, and predatory financial schemes. placed by chaos.’’ Such a move also would It established these agencies, such as the place were not the ‘‘least costly’’ options needlessly force the courts to repeatedly sec- that were considered, although they were ar- Food and Drug Administration, Consumer ond-guess agency decisions that the courts Product Safety Commission, Environmental guably the most cost-effective. have already concluded the agency is in the The RAA would have a chilling impact on Protection Agency, and Consumer Financial best position to make. the continued promulgation of important Protection Bureau, so that public protec- The REVIEW Act and the ALERT Act (Ti- consumer protections. Had it been in effect, tions could be overseen by professional civil tles IV and V of H.R. 5) would cause addi- for example, the RAA would have severely servants with specific technical and sci- tional needless and damaging delays to pub- hampered the implementation of essential entific expertise. In developing regulations, lic protections. The REVIEW Act—which and long-standing food safety regulations, agencies must act in accordance with the would block ‘‘high-impact’’ rules until every such as those requiring companies to prevent statute and with established rulemaking pro- industry legal challenge has run its full contamination of meat and poultry products cedures that require transparency and full course—would tie up agencies in court in- with deadly foodborne pathogens. In fact, the opportunity for public input, including input definitely, potentially making it impossible Centers for Disease Control and Prevention from the industry that will be subject to the to address pressing national problems. The has credited the implementation of regula- regulation. ALERT Act would subject most new rules to tions prohibiting contamination of ground We agree that the regulatory process can a delay of at least six months, and require beef with E. coli O157:H7 as one of the factors certainly be improved. We stand ready to agencies to waste resources complying with contributing to the recent success in reduc- support constructive efforts to reduce delays repetitive reporting requirements. ing E. coli illnesses among U.S. consumers.’ and costs while preserving important protec- Like the bill’s proponents, we believe regu- But such benefits are impossible to quantify tions. lations should be smart, clear, and cost-ef- before a rule is enacted. However, rather than streamlining and im- fective. However, H.R. 5 does not accomplish Further, had the RAA been in effect the proving the regulatory process, the Regu- this objective. Instead of improving the reg- necessary child safety protections required latory Accountability Act of 2017 would ulatory process, the Regulatory Account- by the Consumer Product Safety Improve- make current problems even worse. Under ability Act of 2017 would make it dramati- ment Act of 2008 (CPSIA) may have never H.R. 5, agencies would be required to under- cally slower, more costly to the nation, and been implemented. For example, between take numerous costly and unnecessary addi- far less effective at protecting health, safety, 2007 and 2011 the Consumer Product Safety tional analyses for each rulemalcing, which and other essential consumer priorities. Commission (CPSC) recalled 11 million dan- could grind proposed rules to a halt while We strongly urge you to stand up for crit- gerous cribs. These recalls fol owed 3,584 re- wasting agencies’ resources. Collectively, ical public protections and vote no on H.R. 5. ports of crib incidents, which resulted in these measures would create significant reg- Sincerely, 1,703 injuries and 153 deaths. As a direct re- ulatory and legal uncertainty for businesses, LAURA MACCLEERY, sult of the CPSIA, CPSC promulgated an ef- increase costs to taxpayers and businesses Vice President, Con- fective mandatory crib standard that re- alike, and prevent the executive branch from sumer Policy and quires stronger mattress supports, more du- keeping regulations up to date with the rap- Mobilization, Con- rable hardware, rigorous safety testing, and idly changing modern economy. sumer Reports. stopped the manufacture and sale of drop- One of the most damaging effects of H.R. 5 GEORGE P. SLOVER, side cribs. If the RAA were implemented, is that it would, with only limited excep- Senior Policy Counsel, such a life saving rule could have been de- tions, require federal agencies to identify Consumers Union. layed for years or never promulgated at all, and adopt the ‘‘least costly’’ alternative of a WILLIAM C. WALLACE, at countless human and financial cost. rule it is considering. Currently, landmark Policy Analyst, Con- The RAA also would add dozens of addi- laws like the Clean Air Act, Consumer Prod- sumers Union. tional substantive and procedural analyses, uct Safety Act, and Securities Exchange Act as well as judicial review to the rulemaking require implementing agencies to put top process for every major rule. It would: ex- CONSUMER FEDERATION OF AMERICA, priority on the public interest. H.R. 5 would January 10, 2017. pand the kind of rules that must go through reverse this priority by requiring agencies to a formal rulemaking process; require agen- Re Oppose legislation on House Floor to un- value the bottom-line profits of the regu- cies to determine ‘‘indirect costs’’ without dermine crucial consumer protections: lated industry over their mission to protect defining the term; require an impossible-to- H.R. 5. consumers and a fair, well-functioning mar- conduct estimation of a rule’s impact on ketplace. DEAR REPRESENTATIVE: The Regulatory jobs, economic growth, and innovation while H.R. 5 also includes several other dam- Accountability Act of 2017 (H.R. 5) would ignoring public health and safety benefits; aging measures that have not been included handcuff all federal agencies in their efforts and expand the powers of the White House’s previously as part of the Regulatory Ac- to protect consumers. H.R. 5 is a vastly ex- Office of Management and Budget’s Office of countability Act. These measures would add panded version of previous versions of the Information and Regulatory Affairs to throw unjustifiable costs and uncertainty to the Regulatory Accountability Act (RAA). H.R. 5 up numerous rulemaking roadblocks, includ- rulemalcing process, and greatly impair reg- not only significantly and problematically ing requiring them to establish guidelines ulatory agencies’ work. amends the Administrative Procedures Act for conducting cost-benefit analysis. This Contrary to its name, the ‘‘Separation of (APA) which has guided federal agencies for would further delay or prevent the promul- Powers Restoration Act’’ (Title II of H.R. 5) many decades but also now incorporates five gation of much needed consumer protections. would disrupt the carefully developed con- additional bills that thwart the regulatory The new titles of H.R. 5 also add numerous stitutional balance between the legislative, process: the Small Business Regulatory roadblocks to the promulgation of necessary executive, and judicial branches. Courts giv- Flexibility Improvement Act; the Require consumer protections. The Separation of ing appropriate deference to reasonable Evaluation before Implementing Executive Powers Restoration Act (Title II) eliminates

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.014 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H327 judicial deference that agencies are granted parency Act. These pieces of other bills seek by requiring courts reviewing ‘‘high-impact’’ when rules are challenged in court. This al- to worsen an already destructive bill and add regulations to automatically ‘‘stay’’ or block lows judicial activism and political consider- several more corrosive layers intending to the enforcement of such regulations until all ations to trump agency expertise. The Small dismantle our public protections. litigation is resolved, a process that takes Business Regulatory Flexibility Improve- The current rulemaking process is already many years to complete. It would add sev- ment Act (Title III) would increase regu- plagued with lengthy delays, undue influence eral years of delay to an already glacially latory delays and create new opportunities by regulated industries, and convoluted slow rulemaking process, invite more rather for court challenge to regulations. The Re- court challenges. If passed, Title I of this bill than less litigation, and rob the American quire Evaluation before Implementing Exec- would make each of these problems substan- people of many critical upgrades to science- utive Wishlists Act (REVIEW Act) (Title IV) tially worse and would undermine our public based public protections, especially those would encourage frivolous legal challenges protections and jeopardize public health by that ensure clean air and water, safe food and infuse the regulatory process with years threatening the safeguards that ensure our and consumer products, safe workplaces, and of delay by requiring courts reviewing ‘‘high- access to clean air and water, safe work- a stable, prosperous economy. impact’’ regulations to automatically ‘‘stay’’ places, untainted food and drugs, and safe The ALERT Act (Title V) is designed to or block the enforcement of such regulations toys and consumer goods. impede the government’s ability to imple- until all litigation is resolved. The All Eco- Rather than enhancing protections, it does ment critical new public health and safety nomic Regulations are Transparent Act the exact opposite. It adds 80 new analytical protections by adding a six-month delay. (ALERT Act) (Title V) would also blatantly requirements to the Administrative Proce- This amounts to a six-month regulatory and purposefully lengthen the regulatory dure Act and requires federal agencies to moratorium, even after the often lengthy pe- process by requiring a six-month delay in the conduct estimates of all the ‘‘indirect’’costs riod required for developing and finalizing development of regulations. and benefits of proposed rules and all poten- these regulations. Such delays could extend We urge you to oppose this significant tial alternatives without providing any defi- well beyond that initial six-month period threat to consumer protection, a fair mar- nition of what constitutes, or more impor- should the OIRA Administrator fail to post ketplace, health, and safety posed by H.R. 5. tantly, does not constitute an indirect cost. the required information in a timely man- If adopted, this proposal would waste federal The legislation would significantly increase ner. resources, minimize the ability of federal the demands on already constrained agency This new version of the RAA would over- agencies to do their jobs, grind the regu- resources to produce the analyses and find- ride and threaten decades of public protec- latory process to a halt, and infuse the regu- ings that would be required to finalize any tions. The innocuous-sounding act is, in re- latory process with roadblocks preventing new rule. Thus, the RAA is designed to fur- ality, the biggest threat to public health the protection of the public and ultimately ther obstruct and delay rulemaldng rather standards, workplace safety rules, environ- putting American consumers at risk. than improve the regulatory process. mental safeguards, and financial reform reg- We strongly urge you to oppose this harm- This legislation creates even more hoops ulations to appear in decades. It acts as a ful bill. for ‘‘major’’ or ‘‘high-impact’’ rules i.e., ‘‘super-mandate,’’ rewriting the require- Sincerely, rules that provide society with the largest ments of landmark legislation such as the health and safety benefits. It would allow RACHEL WEINTRAUB, Clean Air Act and the Occupational Safety Legislative Director and General Counsel. any interested person to petition the agency and Health Act and distorting their protec- to hold a public hearing on any ‘‘genuinely tive focus to instead prioritize compliance disputed’’ scientific or factual conclusions COALITION FOR SENSIBLE SAFEGUARDS, costs. underlying the proposed rule. This provision January 10, 2017. We strongly urge opposition to H.R. 5, the would give regulated industries multiple op- Re Floor vote of H.R. 5, the Regulatory Ac- Regulatory Accountability Act of 2017. portunities to challenge agency data and countability Act of 2017. Sincerely, science and thus further stretch out the al- ROBERT WEISSMAN, DEAR REPRESENTATIVE: The Coalition for ready lengthy rulemaking process. President, Public Citizen Chair, Sensible Safeguards (CSS), an alliance of H.R. 5 would also create a restrictive man- Coalition for Sensible Safeguards. over 150 labor, scientific, research, good gov- date of a ‘‘one-size-fits-all’’ directive that ernment, faith, community, health, environ- every federal agency adopt the ‘‘least cost- mental, and public interest groups, strongly ly’’ alternative. This is a profound change AFSCME, opposes H. R. 5, the Regulatory Account- and effectively creates a ‘‘super-mandate’’ WE MAKE AMERICA HAPPEN, ability Act of 2017 (RAA), which will be voted for all major regulatory actions of executive Washington, DC, January 9, 2017. on this week. and independent agencies which overrides DEAR REPRESENTATIVE: On behalf of the 1.6 H.R. 5 is a compilation of radical and twenty-five existing statutes, including the million working and retired members of the harmful legislative proposals that will per- Clean Air Act, the Clean Water Act, the Oc- American Federation of State, County and manently cripple the government’s ability to cupational Safety and Health Act, and the Municipal Employees (AFSCME), I am writ- protect the public by rigging the regulatory Consumer Product Safety Improvement Act. ing to urge you to oppose the Regulatory Ac- process against new regulatory safeguards in These laws prioritize public health, safety, countability Act of 2017 (H.R. 5). This reck- favor of deregulation or regulatory inaction. and economic security, not the cost concerns less legislation would severely undermine The bill is just as dangerous and extreme as of regulated entities. the nation’s ability to ensure that workers the REINS Act (H.R. 26) and the Midnight Title II of H.R. 5 is the Separation of Pow- are safe on the job and in the marketplace. Rules Relief Act (H.R. 21). ers Restoration Act piece which seeks to de- If enacted, H.R. 5 would effectively end the All of these bills are designed to make it as stroy the Chevron deference principal. It federal government’s ability to enact new difficult as possible for federal agencies to would remove the judicial deference that protections on behalf of the American peo- implement existing or new laws that ensure agencies are granted when their regulations ple. Instead, the Regulatory Accountability our access to clean air and water, safe work- are challenged in court. This would be a rad- Act looks to protect businesses from people places, untainted food and drugs, safe toys ical change that upends one of the funda- as a platform for policymaking. and consumer goods, and a stable financial mental principles in administrative law, The Regulatory Accountability Act would system free of Wall Street recklessness. On namely that courts should not second-guess upset the constitutional balance between the other hand, deregulatory actions that re- scientific and technical expertise at federal branches of the government and impose new peal existing rules are exempt by virtue of agencies. Overly intrusive judicial review is burdens on an already cumbersome regu- the legislation’s myopic focus on ‘‘costs’’ to one of the primary reasons for regulatory latory process. In rulemaking, federal agen- corporate special interests instead of ‘‘bene- delay and paralysis and this legislation cies must adhere to the requirements of the fits’’ to the public. In short, the legislation would make those problems much worse. statue being implemented, and are often will create a double standard in our regu- The misleadingly named Small Business given a roadmap from Congress. From there, latory system that systematically favors de- Regulatory Flexibility Improvements Act federal agencies must also follow the robust regulation over new public protections and (Title III) is a Trojan horse that would ex- procedural and analytical requirements of ‘‘fast-tracks’’ the repeal of rules while para- pand the reach and scope of regulatory re- the Administrative Procedure Act, the Regu- lyzing the creation of new ones. view panels, increase unnecessary regulatory latory Flexibility Act, the Unfunded Man- The new version of the RAA, introduced in delays, increase undue influence by regu- dates Reform Act, the Paperwork Reduction this Congress, takes the previous RAA legis- lated industries and encourage convoluted Act, and the Congressional Review Act, lation and folds in several destructive pieces court challenges all in the name of helping The Regulatory Accountability Act adds of other so-called regulatory reform bills in- ‘‘small business,’’ but so expansively applied more than 70 steps to the regulatory process cluding: the misleadingly named Small Busi- that mostly big businesses would benefit. Be- while giving corporate interests more oppor- ness Regulatory Flexibility Improvements cause the bill mandates that these panels tunities to influence and weaken standards. Act, the Require Evaluation before Imple- look at ’indirect costs,’ which are defined It would require unnecessary Advance No- menting Executive Wishlists Act (REVIEW very broadly, it could be applied to virtually tices for a large number of rules, and impose Act), the All Economic Regulations are any agency action to develop public protec- unnecessary new evidentiary standards as a Transparent Act (ALERT Act), the Separa- tions. condition of rulemaking. It would subject tion of Powers Restoration Act and the Pro- The REVIEW Act (Title IV) would make the regulatory process to unneeded rounds of viding Accountability Through Trans- our system of regulatory safeguards weaker litigation.

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.029 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H328 CONGRESSIONAL RECORD — HOUSE January 11, 2017 The Regulatory Accountability Act of 2017 former member of the Judiciary Com- ering legislation that increases wages, will prevent agencies from growing and ad- mittee. improves the lives of working families, dressing new issues for environmental, pub- Mr. SCOTT of Virginia. Mr. Chair- increases access to high quality child lic health, workplace safety and consumer fi- man, I thank my friend for yielding. care and early childhood education, nancial security protections. We urge you to Mr. Chairman, over the past 2 weeks, oppose this legislation. supports quality public schools in Sincerely, the majority has considered three bills every neighborhood, makes colleges SCOTT FREY, on the House floor designed to under- more affordable, helps American fami- Director of Federal Government Affairs. mine the ability of the executive lies balance work and family life, and Mr. GOODLATTE. Mr. Chairman, I branch to implement essential eco- empowers workers to organize and col- yield 2 minutes to the gentleman from nomic and public health protections for lectively bargain. Utah (Mr. CHAFFETZ) who is the chair- the people we have the honor to rep- That has been the focus of my Demo- man of the Oversight and Government resent: the so-called Midnight Rules cratic colleagues on the Education and Reform Committee and a member of Relief Act, which could retroactively the Workforce Committee, and that the Judiciary Committee. disallow rules issued as far back as focus will remain in the years ahead. Mr. CHAFFETZ. Mr. Chairman, I June of last year; the REINS Act, So I urge the majority to partner with want to thank Chairman GOODLATTE. I which requires a majority vote of both us to protect and promote the rights of also want to thank Congressman Houses of Congress before any major working people and students by defeat- RATCLIFFE of Texas. rule can go into effect; and today’s ing this bill. Included in H.R. 5 is the All Eco- Regulatory Accountability Act, which Mr. GOODLATTE. Mr. Chairman, I nomic Regulations Are Transparent is an 82-page omnibus bill which would yield 1 minute to the gentleman from Act, or the ALERT Act. I want to high- effectively tie the executive branch California (Mr. MCCARTHY) who is the light that, in the past two Congresses, into so much red tape that environ- distinguished majority leader of the the ALERT Act was reported favorably mental, workplace, and consumer pro- House. out of the Committee on Oversight and tections might never see the light of Mr. MCCARTHY. Mr. Chairman, I Government Reform. day. thank the gentleman for yielding, and The ALERT Act itself is simply a By enacting these statutes, Congress I thank the chairman for his work. I transparency bill. It requires the ad- would impair the constitutional duty would also like to highlight a few ministration to provide meaningful in- of the executive branch to ‘‘take care Members whose work is inside this bill. formation about upcoming regulations that laws be faithfully executed’’ and First, Congressman MARINO, Congress- online before those are actually issued. replace them with a series of layers man RATCLIFFE, Chairman CHABOT, and Early online disclosure will create the that can be applied by deep-pocketed Congressman LUETKEMEYER have all need for transparency so the public can special interests, including one provi- done a tremendous amount of work to see what is on the horizon. sion that prevents some rules from make this bill here today, and I appre- Each month, Federal agencies will be going into effect that may affect public ciate that. required to list all regulations ex- safety if somebody files a lawsuit. Mr. Chairman, we have a grave prob- pected to be proposed or finalized with- The question is: Who loses when lem in our Federal Government. It un- in the following year. For each regula- these playing fields are tilted this way? dermines our Constitution, it con- tion on the list, the issuing agency is Well, just a couple within the jurisdic- tradicts the will of the people, and it is required to provide basic information tion of the Committee on Education a deadweight on our economy destroy- to the public about that regulation. and Labor, 4.2 million working people ing American jobs and costing billions This includes the objectives of the reg- would lose. That is the number of peo- of dollars per year in paperwork and ulation, the legal basis for the regula- ple who would be eligible for overtime lost opportunities. I am talking about tion, and where it stands in the rule- pay as a result of the responsible ac- the duplicative and unforgiving Fed- making process. tions taken by the Obama administra- eral bureaucratic state. If the agency expects to finalize the tion. They would lose the benefit of But before I discuss the dangers that regulation within the following year, overtime for time worked in excess of an overzealous bureaucracy poses to the agency is also required to provide 40 hours a week. Working families and our country, I want to be clear that the information about the impact of the seniors could lose their retirement sav- House has already made great progress. regulation. This includes estimates on ings. We are engaged in a two-step approach: the costs, the completion date, and the Last year, the Obama administration first, to change the structure of Wash- economic effects of the regulation, in- released a fiduciary rule that ensures ington that deprives the people of their cluding the net effect on jobs—some- that retirement savings are protected power; and second, to repeal specific thing that doesn’t happen now but from financial advisers who may harmful regulations. We will get start- seems to be just common sense. prioritize fees over services. Without ed on the second part early next In this 21st century, Federal agencies the rule, working families and seniors month. should have to show their work online could lose billions of dollars every year We have already passed two bills last so the public can engage. That is why I in retirement savings by being unnec- week to change Washington’s struc- like what Mr. RATCLIFFE has cham- essarily charged by unscrupulous fi- ture, the Midnight Rules Relief Act pioned since he has become a Member nancial advisers. and the REINS Act. Today, we will of this Congress. Let’s also understand Students in low-income school dis- pass the third, the Regulatory Ac- and remember that, by the administra- tricts could lose. Without the Depart- countability Act. This requires agen- tion’s own estimates, Federal regula- ment of Education’s new supplement- cies to choose the least costly option tions promulgated over the last 10 not-supplant rule, these students would available to do what they are charged years have imposed the cost of at least lose critical resources, and those re- to do and prohibits large rules from $100 billion annually on the American sources would be redirected to wealthi- going into effect while they are still taxpayers. er districts. being challenged in court. It also ends Again, I appreciate Chairman GOOD- So let’s be clear. The bill before us is something called Chevron deference LATTE’s work and commitment on this not on the side of children, workers, where courts automatically bend to the issue. I want to thank, again, our good and retirees. Instead, the bill throws agency’s interpretation of the rules. friend, Congressman JOHN RATCLIFFE, sand in the gears of the regulatory Under the current standard, that for his work on this. The Oversight and process by adding more layers to the means the agency will win almost Government Reform Committee has process, rigging it in favor of powerful every single time in the courtroom and looked upon this very favorably. We corporate interests, and encouraging the people lose. are very supportive of the overall bill, frivolous lawsuits. That is not what These three bills are about more than as well as this specific provision. Congress should be focusing on. In- stopping bad regulations from being Mr. CONYERS. Mr. Chairman, I yield stead, we should be building on the made. They are about changing the 4 minutes to the gentleman from Vir- progress that has been achieved over process in Washington that system- ginia (Mr. SCOTT) who is a very active the last 8 years. We should be consid- ically prioritizes government over the

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.031 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H329 common good instead of making gov- Mr. CUMMINGS. I thank the gen- Mr. MARINO. I thank the chairman. ernment serve the common good. tleman. Mr. Chairman, I rise in strong sup- Mr. Chairman, our Nation is based on Mr. Chairman, I rise in strong opposi- port of H.R. 5, the Regulatory Account- a principle that power ultimately tion to H.R. 5. ability Act. comes from the people. Elections are Before I go into that, let me be clear. This bill represents a monumental the great foundation of our Republic, After listening to the leader a minute opportunity for the American people. and, as we saw so clearly this last No- ago, I thank all of the Federal employ- After 8 years of one new crushing regu- vember, through them, the people can ees who work so hard and give so much latory burden after another, the time make their voices heard. But some- and who are so often unseen, unno- has come to finally free the American thing has changed. Some of the most ticed, unappreciated, and unapplauded. people and create a new future for our significant decisions in Washington, I oppose this unnecessary and poten- economy. those that most affect the lives of the tially dangerous legislation in its en- In 2017, regulatory burdens are at public, are made by those who don’t tirety. However, I will focus my re- record levels. One recent analysis by stand for election. marks on title V of this bill, which is the American Action Forum puts the What happens when the EPA imposes in the jurisdiction of the Oversight and cumulative paperwork burden on the rules that deprive people of their prop- Government Reform Committee. Title American people at 11.5 billion hours. erty rights, when the Department of V, also known as the ALERT Act, is an How could any small business person Health and Human Services tries to attack on agency rulemaking, like the or entrepreneur survive in the face of force nuns to violate their religion, or rest of this bill. this monstrous web of regulation? when the VA perpetuates a system that This title would prohibit the Office of The short answer is that they cannot. It is a fact seen across my district as lets veterans die while they wait for Information and Regulatory Affairs I have talked to workers covering their care? The people can’t vote out from taking into account benefits when every industry or occupation imag- bureaucrats who write rules at the providing estimating costs of proposed inable. When I ask businessowners EPA or the Department of Health and and final rules. That is not trans- about their concerns, first and fore- Human Services. They can’t vote out parency. It is one side of the story. most, the greatest hardship they face bad leaders of the VA. This bill would also prevent a rule is the burden of Federal regulation and These bureaucrats know it. They from taking effect until certain infor- red tape. Funds, which otherwise could know they aren’t accountable to the mation is posted online for 6 months by be invested in new employees, training, people even as they exercise great the Administrator of the Office of In- or equipment, must be dedicated to the power. Without elections, the people formation and Regulatory Affairs. The demands of faceless bureaucrats in D.C. lose. Washington is brimming with ex- only exceptions to this requirement This applies to plumbers as well as to ecutive employees devoted to pre- would be if an agency exempts the rule farmers, manufacturers to home build- serving the status quo. from the notice and comment require- Then there is a revolving door of ers. The list of those affected is long ments of the Administrative Procedure and varied. high-level Federal employees who head Act or if the President issues an execu- to major consulting firms and lobbying The simple truth is that the Obama tive order. administration’s one-size-fits-all regu- arms to influence the very agencies That is a 6-month delay in putting they came from. This breeds thousands latory agenda has been a disaster for any rule in place no matter how big or the American Dream, and we have seen of regulations that further enrich the how small. Right now, there are rules connected and powerful—sometimes at over the past several months how dis- pending to protect the public from connected it was from the wants and the great expense of the average Amer- pipeline accidents involving hazardous ican. needs of Americans across the country. liquids—those are our constituents, by In Congress, however, we have heard b 1415 the way—and to protect the privacy of their pleas and have taken action in It is our economy and the American patients’ records. Again, those are our the early days of the 115th Congress. workers who suffer the most. Federal constituents. This bill would put an ar- H.R. 5 is the third regulatory reform regulations written and enacted by bitrary 6-month moratorium on rules bill we have considered in 2 weeks. It these bureaucracies impose a burden of like these. represents our brightest opportunity to about $1.89 trillion every year. That The Coalition for Sensible Safe- unleash innovation and investment so number is hard to make sense of or to guards, which is a coalition of over 150 that American businesses, big and even imagine. It comes to, roughly, labor, scientific, health and good gov- small, can create new futures. $15,000 per U.S. household, or 10 percent ernment groups, sent a letter on Janu- I am also grateful that H.R. 5 in- of the American GDP. ary 10, 2017, opposing H.R. 5 to all cludes my bill, the REVIEW Act. The The Obama administration alone has Members of the House of Representa- REVIEW Act was featured as part of written regulations that require over tives. Speaker RYAN’s A Better Way agenda 583 million hours to comply with. That That letter read in part: and passed the House on a bipartisan is an average of nearly 5 hours of pa- The ALERT Act is designed to impede the basis last fall. It represents a simple perwork for every single full-time em- government’s ability to implement critical premise: regulations should be nar- ployee in America. The Federal Reg- new public health and safety protections by rowly tailored, and massive regulations adding a 6-month delay. This amounts to a 6- ister is now the length of 80 King deserve full and thorough scrutiny. month regulatory moratorium even after the The REVIEW Act would mandate a James Bibles. often lengthy period required for developing When bureaucrats and agency heads and finalizing these regulations. Such delays stay of any high-impact, billion-dollar cannot be held accountable and when could extend well beyond that initial 6- regulation while judicial review is un- they keep their jobs regardless of cor- month period should the OIRA Adminis- derway. Historically, billion-dollar ruption, incompetence, waste, fraud, trator fail to post the required information rules have been few and far between. In abuse, or the backroom deals they in a timely manner. fact, only 26 have been put in place make with special interests, that is the The other titles of this bill are not since 2006; but, in recent years, their problem. That is the swamp, and we any better and would impose so many frequency has grown along with the un- need to drain it. requirements on agencies that issuing precedented reach of the regulatory There is a reason the House is re- regulations to protect health and safe- state. In the past 8 years, an average of structuring Washington first. It is that ty would be almost impossible. three per year have been put in place. we made a commitment to the Amer- I urge my colleagues to reject H.R. 5. Their significance, however, lies in ican people that we would drain the Mr. GOODLATTE. Mr. Chairman, I their impact on our country. These swamp. Now we are today. yield 4 minutes to the gentleman from regulations are massive and have the Mr. CONYERS. Mr. Chairman, I yield Pennsylvania (Mr. MARINO), the chair- potential to fundamentally and irre- 3 minutes to the gentleman from Mary- man of the Regulatory Reform, Com- versibly change entire industries. If, land (Mr. CUMMINGS), the ranking mercial and Antitrust Law Sub- later, judicial review finds the agency’s member of the Committee on Oversight committee and the chief sponsor of one reasoning to be legally unsound or con- and Government Reform. of the bills contained herein. trary to the intent of Congress, the

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.047 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H330 CONGRESSIONAL RECORD — HOUSE January 11, 2017 compliance costs incurred—often measured way to do this, but this is a b 1430 meaning jobs that were lost—cannot be heavy-handed way to do it, and the The Small Business Regulatory undone. The REVIEW Act provides an consumer loses. Flexibility Improvements Act, which is Mr. GOODLATTE. Mr. Chairman, I important check on regulatory largesse title III in this bill, eliminates loop- yield 3 minutes to the gentleman from and is an important piece of this bill. holes that agencies like the Internal Ohio (Mr. CHABOT), the chairman of the The American people have spoken, Revenue Service have used to avoid Small Business Committee, a member and they have spoken clearly. It is compliance with the RFA. It also of the Judiciary Committee, and the time for us all to take our country and forces agencies to analyze not only the chief sponsor of one of the bills con- the economy in the right direction. direct, but also the indirect effects of tained herein. The Regulatory Accountability Act rules on small businesses, just as agen- provides the reforms that are necessary Mr. CHABOT. I thank the chairman for yielding. cies are required to do when promul- to get us there. gating major rules affecting, for exam- I urge all of my colleagues to support Mr. Chairman, I rise in strong sup- ple, the environment. It gives small this bill. port of H.R. 5, the Regulatory Account- businesses additional opportunities for Mr. CONYERS. Mr. Chairman, I yield ability Act. early input on proposed rules and regu- 2 minutes to the gentleman from Ten- In response to the previous gentle- lations and strengthens the RFA’s re- nessee (Mr. COHEN), a senior member of man’s comments, I would just note quirements for agencies to periodically our committee who has followed this that none of the regulations that we review old rules. matter very closely. are considering today—the legisla- Mr. COHEN. I thank the gentleman. tion—is going to do away with regula- Nothing in our legislation today Mr. Chairman, these bills are a group tions altogether or even significantly, takes away an agency’s ability to issue of bills that have been considered for especially, regulations that have to do a rule or a regulation, but it will force many years and have passed on par- with people’s safety. We are not trying the rulemakers to think carefully be- tisan votes in the House. What you do to do anything that is going to affect fore they act. It is great legislation, when you repeal regulations or make it the safety of the American people. We and I urge my colleagues to support it. harder to have regulations is you make are just trying to make sure the regu- Mr. CONYERS. Mr. Chairman, I re- it better for business, better for the lations are smarter, and that is what serve the balance of my time. Chamber crowd, better for the manu- this is all about. Mr. GOODLATTE. Mr. Chairman, I I am also pleased that title III of facturing folk. yield 5 minutes to the gentleman from H.R. 5 is a bill that I sponsored last But there is always a cost for every- Texas (Mr. RATCLIFFE), a member of term and in this Congress—the Small thing. I think it was Isaac Newton who the Judiciary Committee and the chief Business Regulatory Flexibility Im- said: ‘‘For every action, there is an sponsor of two of the measures con- provements Act. The Committee on equal and opposite reaction.’’ You take tained here. Small Business, which I happen to these regulations off, increase business, Mr. RATCLIFFE. Mr. Chairman, I chair, and the Committee on the Judi- and make it easier; but there is an rise in strong support of the Regu- ciary have crafted this bill with bipar- equal and opposite effect in that New- latory Accountability Act of 2017. I tisan input over many years. tonian law as the consumer of the thank Chairman GOODLATTE for the op- I thank Chairman GOODLATTE for products. portunity to again lead on this issue working with us on this important leg- and for the inclusion of two of my Whether it is food and food safety, islation, and I thank him for his lead- whether it is water safety and purity, bills—the Separation of Powers Res- ership. toration Act and the ALERT Act—in whether it is air safety, whether it is Small businesses are found in every this incredibly important regulatory toys and manufacturers’ defects or congressional district and in every in- reform package. automobiles and safety in transpor- dustry. They provide livelihoods for Because you see, Mr. Chairman, the tation—it could be airplane transpor- millions of workers and for their fami- tation—there is always a side that lies. Small businesses employ nearly realities of President Obama’s failed loses; and the side that loses is that of half of the private sector workforce liberal progressive experiment are all the consumers and the folks who will and generate two out of every three too real for the three-quarters of a mil- be injured and/or killed because of lack new jobs in the private sector today. lion Texans that I represent, realities of regulations. The Federal Government should be like higher prices for families in Sul- I don’t know how much one life is doing everything it can to encourage phur Springs trying to make ends worth. If it is mine or one of my loved these small but mighty job creators. meet, fewer jobs for those seeking work ones or one of my constituents—I am Unfortunately, oppressive red tape has in Texarkana, and small businesses in getting a little political here—it is had the opposite effect of discouraging Sherman and Rockwall forced to close worth a lot, but it is worth a lot no investment, expansion, and job growth. their doors. Mr. Chairman, these are matter who it is, and there are going to I am not saying that all regulations just a few of the countless devastating be lots of people who will not survive are bad, but there are too many rules. symptoms of overregulation that citi- some of these regulations. There are For too long, agencies have ignored zens across our great country have going to be injuries in the workplace their true effect, their true impact, on been forced to endure under President because regulations for safety aren’t small businesses. Small businesses are Obama. there. There will be food products that at a real disadvantage because they The President gives a good speech, are defective because regulations have fewer resources and rarely have and he did so again in his farewell ad- aren’t in place, and people will eat food in-house counsel, the regulatory com- dress last night. But the President read that is not appropriate, not pure. pliance staff that would be necessary us a fictional tale last night. The ines- I had an amendment I proposed here to guide them through this maze. Gen- capable truth is that for 8 long years, on civil rights, and I think civil rights erally, small businesses just don’t have the constant stream of regulations is one of our most precious rights—one that. being pumped out by the Obama ad- that has been neglected on many occa- So shouldn’t regulators, at the very ministration has taken a terrible toll sions. That amendment would have least, examine the effects of new rules on families, on businesses, and on our said that this would not affect any on small businesses and consider ways economy. It has made our Nation less civil rights rules, but it was not put in to reduce excessive burdens? prosperous and leaves folks worse off order; but it includes people with dis- Of course they should. There is a law, than they were before. abilities. Those are areas in which we the Regulatory Flexibility Act, or the The urgency to reverse this should have exempted and not had any- RFA, which requires agencies to con- unsustainable regulatory quagmire thing stop our steadfastness toward se- duct this commonsense assessment couldn’t have been made more clear curing civil rights and securing oppor- when they regulate. Even though the than in November, when the American tunities for people with disabilities. law has been on the books for over 36 people rose up and voted for a new I am against the bills. I am for the years, agencies too frequently just ig- President who vowed not to subject us consumer. I think there might be a nore its requirements. to more of the same. That is where my

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.049 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H331 bill and all of the bills in the Regu- Mr. CONYERS. Mr. Chairman, I re- plain-language summary of the pro- latory Accountability Act come into serve the balance of my time. posal and make it publicly available play. Mr. GOODLATTE. Mr. Chairman, online. This commonsense reform When you look back at the last 8 may I inquire how much time is re- would give the American people years, many people wonder how the maining on each side. straightforward and uncomplicated ac- Obama administration was allowed to The Acting CHAIR (Mr. DONOVAN). cess to the rules proposed by the execu- grow at such an alarming rate. Now, The gentleman from Virginia has 9 tive branch. while there are a lot of troubling fac- minutes remaining, and the gentleman The American people deserve to be tors that go into that equation, the re- from Michigan has 151⁄2 minutes re- informed about the rules and regula- sult of an infamous 1984 Supreme Court maining. tions being proposed by their govern- decision, the Chevron doctrine, is cer- Mr. GOODLATTE. Mr. Chairman, I ment, and I am honored to have my tainly recognized as one of the key cul- yield 1 minute to the gentleman from legislation included in this regulation- prits. For three decades now, this doc- Minnesota (Mr. PETERSON), the ranking curbing package. trine has required courts to defer to member of the House Agriculture Com- I thank Chairman GOODLATTE for his agency interpretations of congressional mittee. leadership on H.R. 5, as well as my col- intent. Mr. PETERSON. Mr. Chairman, I leagues who joined me in contributing Said in more plain terms, Mr. Chair- strongly support H.R. 5 and urge my language to this critical legislation. man, this means that when individuals colleagues to do so as well. This bill Mr. CONYERS. Mr. Chairman, I con- tinue to reserve the balance of my challenge Federal regulators in court, will reform our regulatory system and the deck is stacked in favor of the reg- time. reduce burdens on our farmers, ranch- Mr. GOODLATTE. Mr. Chairman, I ulators, the very same regulators who ers, and businesses. yield 11⁄2 minutes to the gentleman have written the regulations in the H.R. 5 will create a more stream- from Pennsylvania (Mr. ROTHFUS). first place. Letting regulators grade lined, transparent, and accountable their own papers, if that doesn’t rein- Mr. ROTHFUS. Mr. Chairman, I rise regulatory process and give the Amer- today in strong support of H.R. 5, the force the need to drain the swamp, ican people a stronger voice in agency Regulatory Accountability Act. then I don’t know what does. decisionmaking. Many speaking today in support of My legislation, the Separation of Requiring agencies to choose the low- this legislation are right to point out Powers Restoration Act, will fix this est cost rulemaking option and pro- the crushing impact that Washington’s perversion of our Constitution by en- viding additional opportunities for ju- overregulation has had on our econ- suring that Congress, not executive dicial review will ensure that regula- omy. We know all too well how over- branch agencies, write our laws and tions are narrowly tailored, addressing regulation has driven up the cost of that courts, not agency bureaucrats, the issues at hand; and this will reduce health care, financial services, and en- interpret our laws. the burden on farmers, ranchers, busi- ergy; and it is long past time for re- Mr. Chairman, title V of this bill is nesses, and everyday citizens. form. my ALERT Act legislation, and it pro- This is a good bill, and I urge my col- I would like to highlight a provision vides another critical remedy to the leagues to support it. of this legislation that I offered 3 years current regulatory process by fixing Mr. CONYERS. Mr. Chairman, I con- ago that requires agencies to identify the lack of transparency that is both tinue to reserve the balance of my when new rules will have a negative unfair and harmful to individuals and time. impact on jobs and wages. small businesses across the country. Mr. GOODLATTE. Mr. Chairman, I Too often, regulators and agency Right now, the current law requires yield 3 minutes to the gentleman from heads are well aware of the negative the administration to release an up- Missouri (Mr. LUETKEMEYER), the chief impact a regulation will have on Amer- date twice a year on the regulations sponsor of one of the bills contained icans’ jobs and wages even before it is that are being developed by Federal imposed, but they impose it anyway. agencies—the problem is that the regu- herein. Mr. LUETKEMEYER. Mr. Chairman, Specifically, my provision defines when lators are ignoring the law—as these today I rise in strong support of the rules have a negative impact on jobs updates have either been very late or and wages and requires agency heads never issued at all under President bill on the floor before us, the Regu- latory Accountability Act of 2017. approving such a rule to submit a Obama’s watch. statement that they approve the rule Up to this point, there hasn’t been a Over the last 8 years, it has been clear that our country has been on the knowing its negative impact. way to reinforce and enforce these re- When people in this far-off Capitol quirements. So the ALERT Act tackles wrong path. Through overregulation and government bureaucracy, the take away the jobs and livelihood of this problem by forcing the executive working families, as they have done branch to make the American people chance at the American Dream has seemed to be slipping away and with miners and power plant workers aware of regulations that are coming and laborers in my district, they need unreachable for far too many Ameri- down the track; and it prohibits any to own up to it. The Regulatory Ac- cans. In November, the American peo- regulations from going into effect un- countability Act will help us to provide ple spoke and made it clear: it is time less and until detailed information on American workers with substantial re- to change course and reform the rule- the cost of the regulation, its impact lief from what is often Washington on jobs, and the legal basis for the reg- making process to energize robust overreach, and I encourage all of my ulation have been available to the pub- growth in the American economy. colleagues to support this common- lic on the Internet for at least 6 To do so, we not only need to address sense legislation. months. the number of Federal regulations, but Mr. CONYERS. Mr. Chairman, I yield Mr. Chairman, the way our govern- also their convoluted and complex na- 5 minutes to the gentlewoman from ment has been allowed to function ture. Our constituents should not need Texas (Ms. JACKSON LEE), a senior under this administration isn’t how a law degree or an army of consultants member of the House Judiciary Com- our forefathers intended our govern- and accountants to understand the mittee. ment to work. Today’s legislation rules they are required to follow. Nev- Ms. JACKSON LEE. Mr. Chairman, I takes a giant step forward in fixing ertheless, given their technical lan- thank the distinguished chairman and how Washington works. I have already guage, it can be extremely difficult to the distinguished ranking member for spoken to President-elect Trump about fully understand proposals unless one convening us. It reenforces my com- partnering together to make this the is an expert in that field. mitment to the importance of the law of the land and to give the Amer- Title VI of H.R. 5 includes language House Judiciary Committee for impor- ican people back the government that from a bill that I introduced earlier in tant, innovative, and groundbreaking, our Founders intended, a government this Congress. My bill, the Providing in some instances, work that we have that works for them, not the other way Accountability Through Transparency done. around. Act, would require each Federal agen- In this instance, I find fault because Mr. Chairman, we owe them nothing cy, when providing notice of a proposed this legislation does not meet that cri- less. rulemaking, to produce a 100-word, teria. Just a few days ago, we read the

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.050 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H332 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Constitution, and some might make ployees, a reasonable new structure maybe now we have given them a pass the argument that H.R. 5 fits very dealing with taxation that helps small so that other children might suffer the comfortably into the Bill of Rights, businesses and does not give a moun- same consequences. I ask my col- Amendment V and Amendment XIV. tain of benefit to major corporations. leagues to vote against the underlying Both frame themselves around the Maybe we should address the needs of bill and send it back for us to do the question of due process. I make the ar- small businesses in that manner, or, as work of the people in regular order. gument that this legislation is sorely my minority constituents tell me, ac- Mr. GOODLATTE. Mr. Chairman, I lacking. cess to credit which is generally denied yield 2 minutes to the gentleman from I want to take up, first of all, a point to women, Hispanics, in some in- Pennsylvania (Mr. KELLY). made by my colleague, a member of stances, and certainly African Ameri- Mr. KELLY of Pennsylvania. Mr. the Rules Committee. This legislation, cans. That may help our small busi- Chairman, I rise in strong support of to my recalling, has been circulated for nesses get them back on their feet. But H.R. 5, and let’s get back to what we many years. It seems that I have been that is not what H.R. 5 does. It stifles are talking about. We are talking in the House when a bill like H.R. 5 has the work of our agencies of which we about overregulation right now. We are passed over and over again. have attributed to them, the Small not talking about the Red army or any This bill appeared in the 114th Con- Business Administration, Health and other type of a red threat that is com- gress. Many Members left since that Human Services, the Federal Trade ing in here. The real threat is red tape. time. New Members are here. New Commission, the FCC, and, in some in- We are not talking about scotch tape Members, Republicans and Democrats, stances, the Department of Justice ar- or duct tape, we are talking about red will be added to the House Judiciary ticulating regulations dealing with tape. There is $2 trillion worth of red Committee and to the Senate Judiciary funding of juvenile issues. tape that the American consumers Committee. None of them will have had The Acting CHAIR. The time of the have to pay for every year. That is tril- the opportunity for regular order, to be gentlewoman has expired. lion with a ‘‘T.’’ Every single regula- able to ensure hearings and to be able Mr. CONYERS. Mr. Chairman, I yield tion that goes into effect, not by elect- to engage in input with amendments an additional 2 minutes to the gentle- ed officials but by unelected bureau- that I would agree or disagree with, woman. crats, I am not saying they are not but to have a vigorous debate in our Ms. JACKSON LEE. I thank the gen- well intended, I am just saying they Judiciary Committee as well as in the tleman. are not well thought out. And we really Senate. It did not happen. We are now These are agencies that are depended don’t know who is going to pay for all on the floor of the House. So that is upon to give regular order. Oversight is of these. The burden is on the Amer- one fracture of what we are doing, one important, but I would make the argu- ican consumers, the American tax- Achilles’ heel to this legislation. ment that stifling, denying, demol- payers. In the last 24 hours, I heard a news ishing, or destroying is not order. So if we are talking about creating account of a little boy who swallowed Now, I had an amendment that I jobs and if we are talking about getting magnets that were produced by a par- think is crucial. It is to provide an ex- our economy back on track, let’s get ticular company. It went through the ception under this bill for regulations the heavy regulatory boot of the Amer- process. It was designated dangerous; that help prevent cyber attacks on ican government off of the throat of and then, unfortunately, that dan- election processes or institutions. Mr. American job creators. Why don’t we gerous status was pulled back, and the Chairman, not only have we found with make it easier for people to be profit- company is excited about producing much profoundness that a foreign enti- able. Why don’t we make it easier for those magnets again. ty, in this instance Russia, maybe it people to start a new business. Why The little boy who swallowed the might be Iran, maybe it might be some don’t we make the prices cheaper on magnets, I think, was about 2 years other country, intruded into the demo- the shelves, and all of the services that old. A happy little boy, of course, that cratic process of elections. I am glad are out there cheaper for the American is how children are. He had major in- Senator GRAHAM said this is not Re- people to buy and purchase. testinal surgery, and most of his intes- publicans or Democrats. This is about We get caught up in debate about tines were removed. He is now 6 years the integrity of the election system. things that don’t make sense to every- old, and he must now be fed intra- And why we were hesitant to make this day Americans. They elect us to come venously. amendment in order, because there is and represent them. They don’t elect no stopping of the peaceful transfer of us to preach to them. They don’t elect b 1445 government. The American people see us to say: You, poor, stupid people, you His devastation is our failure. That is to that process. Thank God for our love don’t understand, we are trying to help what we are facing with H.R. 5. of democracy. We are able to express you. I don’t know if my colleagues agree, our opposition in many different ways. The Congress has oversight of this. as boring as the Administrative Proce- But there is no doubt there was not This is our job. Why would we turn it dure Act was in law school, I liked the only intrusion, there was skewing from over to unelected bureaucrats. How course. I had a great professor who one candidate versus another. There about this: In 2015, we passed 114 laws. made me understand the life of the are prints—this is public knowledge— Meanwhile, there were 3,410 rules that APA and its value. This legislation at- that have been able to be tracked to were put into effect. Is there a little bit tempts to rewrite the Administrative suggest who, what, and what country, of a problem with the balance there? Is Procedure Act to the detriment of the and how far up the chain to Mr. Putin there a little bit of a problem with the American people. that it went to. people who sent us to represent them Consider this, hardworking agencies So my amendment, I think, was con- telling them: you don’t understand, should have oversight; that is what our structive. Why would we be reluctant that rule, that regulation, I never had committees are all about. They should to debate it? Why would we be reluc- a chance to weigh in on it? have oversight. They will now have to tant to acknowledge the intelligence They are asking: Then why the heck jump through hoops of 70 new criteria. report assessing Russian activities and did we send you? I didn’t say 10; I didn’t say a quarter of intentions in the recent U.S. elections? And I appreciate the fact that Fed- 100, 25; I didn’t say a half of 100, 50; but And why would we be reluctant to find eral employees need to be appreciated. 70 when issuing rules, including alter- out who was involved? Being one of those employees, I do ap- natives to any rule proposal, the scope H.R. 5 is not doing what it is sup- preciate that. When I go home, I love of the problems the rule meant to ad- posed to do. It is, in fact, undermining when people tell me: you know what, dress, and potential cost and benefits the Constitution and eliminating the we really appreciate that you are of the proposal and alternative. protections for a little boy who now standing up for us. We really appre- I want to see small businesses thrive. lives his life completely different be- ciate that you are watching where our Part of that includes a reasonable cause maybe we didn’t intervene in the tax dollars are going. We really appre- healthcare package like ObamaCare, regulatory manner of oversight over ciate the fact that you are trying to the Affordable Care Act, for its em- that product that we should have, and make it easier for us to breathe, make

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.051 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H333 it easier for us to succeed, make it expensive option only if the additional agency, the Small Business Adminis- easier for us to supply all this revenue. benefits justify its additional costs. tration, in such an opaque and reckless Every single penny that this govern- The AFL–CIO has observed that this manner. ment needs to run on is not supplied by provision would make protecting work- The Acting CHAIR. The time of the the Congress, it is supplied by hard- ers and the public secondary. Limiting gentleman has expired. working American taxpayers. And you costs and impacts on business and cor- Mr. CONYERS. I yield an additional 1 know what, we can’t even collect porations is the prime purpose of this minute to the gentleman. enough money from them to cover our legislation. There is little doubt that Mr. JOHNSON of Georgia. Have bills. We have to go out and borrow this proposal will compromise public Members ever heard of any legislation more. But they are responsible for it. health, workplace safety, and environ- that purports to take power back from We sign their name on every single mental protections. Agencies will be unelected bureaucrats and then places debt that we make. forced to make penny-wise and pound- it right back in the hands of a bureau- It is time to wake up and smell the foolish decisions. It costs more to rem- crat in the same piece of legislation? coffee. This is not about some other de- edy an environmental or financial ca- This is ridiculous. Title IV of H.R. 5 would automati- bate. This is about what we are doing lamity than it would be to protect the cally delay the effective date of any to hardworking American taxpayers public from the calamity occurring in rule exceeding $1 billion in costs that is and hardworking Americans every sin- the first place, which the underlying challenged in court, regardless of gle day. regulation would do, but they don’t whether the party challenging the rule Then some say: you don’t under- want regulations. This is unbelievable. has any likelihood of success on the stand, you poor, stupid people, we are Title II of the bill abolishes judicial merits, is actually harmed by the rule, trying to make the air clean and the deference to agencies’ reasoned statu- or whether staying the rule would be water drinkable. Yes, I understand tory interpretations, which has been a contrary to public interest. that. That is what we are doing. Why hallmark of judicial review for more do you try to change it into something than three decades. Talk about judicial b 1500 that doesn’t even make sense? Please restraint and not legislating from the So while they sit here and take the go back into your communities and bench. That is what the Supreme Court rights of regular, ordinary working talk to these folks that are saddled in its Chevron rule has emphasized people to sue corporations under the with these expenses and look them in over the last three decades. guise of so-called tort reform, they the eye and tell them you are just not In addition to incentivizing judicial turn around in this legislation, open smart enough to know how government activism by generalist courts, which the courthouse door wide to corpora- works. The one thing they know is we could engage in rulemaking from the tions to come in and file frivolous com- are $20 trillion in the red. bench by making policy decisions rath- plaints against a regulation and auto- Mr. CONYERS. Mr. Chairman, I am er than strictly interpreting the law, matically stall it. This is ridiculous. pleased to yield 5 minutes to the gen- this provision will also make the regu- This legislation is rife with corporate tleman from Georgia (Mr. JOHNSON), a latory system more costly and time- protections at the expense of the peo- distinguished member of the Judiciary consuming because it would require ple, and I ask my colleagues to vote Committee. agencies to take even more time to ‘‘no’’ on this legislation. Mr. JOHNSON of Georgia. Mr. Chair- promulgate critical protections that Mr. GOODLATTE. Mr. Chairman, at 1 man, I thank the ranking member and the court ultimately decides on its own this time it is my pleasure to yield 1 ⁄2 the chairman. through its ability to legislate from minutes to the gentleman from Cali- I rise in opposition to H.R. 5, the the bench that it doesn’t like. This is fornia (Mr. KNIGHT). Mr. KNIGHT. Mr. Chairman, I rise in Regulatory Accountability Act of 2017. nonsense. It is hypocritical. I have a number of concerns with many Title III of the bill further paralyzes strong support of H.R. 5, the Regu- provisions of this voluminous page, agency rulemaking through unwork- latory Accountability Act of 2017. Over the last 8 years, we have seen this 82-page bill. It has not gone able, complex requirements, while en- the administration authorize hundreds through regular order, not one com- dowing the hallowed Small Business of executive orders directing Federal mittee meeting. Congress just came Administration’s Office of Advocacy agencies to issue, finalize, and imple- into session last week. So we have got with broad authority to act as the ment an unprecedented number of reg- 50-plus new Members in this body who gatekeeper of our Nation’s entire regu- ulations. Most of these impose one- have not had one single day of an op- latory system. As the Center for Pro- size-fits-all standards on small busi- portunity to pay any attention to learn gressive Reform reported in a 2013 re- nesses with little to no consideration what is in this bill. Yet, my colleagues port, this entity, this Small Business for their impact on small businesses. on the other side of the aisle are going Administration’s Office of Advocacy, As a member of the Small Business to force their folks to vote ‘‘yes’’ on exists in an unchecked capacity to fun- Committee, it is kind of my job to go this bill. I urge them to vote ‘‘no’’ and nel ‘‘special interest pressure into out and find out what small businesses think about it. The reason they should agency rulemakings, even though such have to offer, what is impeding their think about it is because H.R. 5 is a de- interests have already had ample op- ability to create and make more jobs structive revision of the Administra- portunity to comment on proposed reg- for our industry and for our economy. tive Procedure Act which fiendishly ulations.’’ What we have found is that overregula- convolutes the agency rulemaking So in other words, the Small Busi- tion is stifling them. This is the prob- process through numerous analytical ness Administration’s Office of Advo- lem. requirements. We call that gumming cacy is a back door wide open to cor- This is not something that we have up the works. porate interests seeking to come in and made up. That is the problem in this These requirements, which are large- undermine the regulatory authority of economy. That is why I am proud to ly opposed by the Nation’s leading ad- an agency. support H.R. 5, and particularly title ministrative law experts, would cause At a time when there has been much III, which addresses one vital area that years of delays in the rulemaking proc- talking and tweeting about draining protects small businesses—the Regu- ess and deregulate entire industries the swamp, this measure would func- latory Flexibility Act, or RFA. through rulemaking avoidance by tion as a green light to special inter- The RFA requires agencies to assess agencies. ests to manipulate the regulatory sys- the economic impacts of new regula- In addition to imposing over 60 new tem in their favor. tions on small businesses. However, procedural requirements on regulatory Moreover, my Republican colleagues’ Federal agencies regularly exploit protections, title I of H.R. 5 imposes a repeated claims that this measure will loopholes in the RFA requirements new super-mandate requiring that create regulation by representation, or that allow them to produce inadequate agencies adopt the least costly rule clawback authority from the executive or inaccurate analysis of impact. considered during the rulemaking that branch, that argument is fundamen- We know this can have devastating meets relevant statutory objectives tally undermined by the fact that this outcomes, as witnessed in the Depart- and permits agencies to choose a more bill consolidates the role of a sub- ment of Labor’s overtime rule issued

VerDate Sep 11 2014 03:48 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.053 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H334 CONGRESSIONAL RECORD — HOUSE January 11, 2017 last year, which was one of the top con- Through just August 2016, these rules For this reason, courts have long deferred cerns for many of the small businesses had economic effects of over $740 bil- to agency experts who are in the best position and nonprofits that operate in my dis- lion and imposed 194 million paperwork to carry out the statutes. trict and across this country. burden-hours; and this only built upon The RAA would end this well-established Title III of H.R. 5 would eliminate the insufficiently checked regulation practice and allow far less experienced judges loopholes to ensure compliance and already imposed by previous adminis- to second guess expert opinion—essentially would also require agencies to provide trations. sanctioning judicial activism. more detailed information in each This problem must be solved, and The Jackson Lee Amendment, however, analysis. this bill is the number one solution to would have attuned this dangerous legislation I encourage my colleagues on both this problem. Its bold, innovative to provide an exception for regulation upon sides of the aisle to support this legis- measures will unleash American free- which Americans so greatly rely on their gov- lation. dom, opportunity, and resourcefulness ernment to help prevent cyberattacks on our Mr. CONYERS. I yield myself such by dramatically reducing new regu- highly coveted and esteemed election proc- time as I may consume. latory costs; and they will do that esses and institutions. Mr. Chairman, in closing, this has while still allowing agencies to achieve The bill promoted by the majority, calling for been an enlightening discussion be- the benefits that Congress’ statutes accountability from our Administrative Agen- cause we have determined that H.R. 5 have tasked them to achieve. cies—fails to answer in accountability to the is based on the faulty premise that en- Far fewer costs, all the benefits, who threat posed by foreign and domestic invaders vironmental and public safety protec- could be against that? We all should be on our national cyber networks. tions kill jobs, result in economically for it, just as the American people are. As the new Congress commences in the stifling costs, and promote uncer- Support the American people. Sup- People’s House, obstructionist Republicans tainty. port the Regulatory Accountability are circumventing the very procedures by In fact, regulatory protections that Act. I urge my colleagues to do so. which elected officials answer the cries of out- Mr. Chair, I yield back the balance of ensure the safety of American-made rage and dismay of desperately concerned my time. products unquestionably foster job cre- constituents. Ms. JACKSON LEE. Mr. Chair, I rise in ation and protect the competitiveness To the obstructionist majority perpetuating strong opposition to H.R. 5, the ‘‘Regulatory of our business and global marketplace. this restrictive rule, let me stand firm in the Accountability Act of 2017,’’ which is a radical This explains why so many organiza- American convictions laid bare by the Jackson measure that could make it impossible to pro- tions—more than 150—strongly oppose Lee Amendment—the system of Checks and mulgate safety regulations to protect the pub- this legislation. Balances established by the Separation of lic. Mr. Chairman, our constituents and Powers clause of the Constitution will not be I oppose this legislation because it would ef- the American citizens deserve some- thwarted. fectively shut down the entire U.S. regulatory thing better than H.R. 5. We need legis- The spirit of the H.R. 5 is clearly designed system, amending in one fell swoop every lation that creates middle class finan- to stop all regulation dead in its tracks—no bedrock existing regulatory statute. cial security and opportunity. We need My opposition to H.R. 5 is amplified by the matter the threat to cyber networks, national sensible regulations that protect Amer- Rules Committee’s decision to decline to security, economy, or the very health and ican families from economic ruin, that make in order the Jackson Lee Amendment, safety of the American people. bring predatory financial practices to ‘‘to provide an exception for regulations that We know that Russia’s cyber activities were an end. help prevent cyberattacks on election proc- intended to influence the election, erode faith We need workplace safety protections esses or institutions.’’ in U.S. democratic institutions, sow doubt that ensure hardworking Americans Apparently, House Republicans are still re- about the integrity of our electoral process, can go to work each day without hav- luctant to debate the subject—undisputed by and undermine confidence in the institutions of ing to risk their lives as a result of our Intelligence community—of Russian the U.S. government. These actions are unac- hazardous work environments. cyberattacks on American cyber networks and ceptable and will not be tolerated. Unfortunately, the measure before us infrastructure. The mission of the Intelligence Community does nothing to advance any of these Key Judgments in the Intelligence Commu- is to seek to reduce the uncertainty sur- critical goals, and so I must, therefore, nity Assessment’s declassified version of a rounding foreign activities, capabilities, or oppose H.R. 5 and ask my colleagues to highly classified report entitled, ‘‘Assessing leaders’ intentions. support a negative vote on this matter. Russian Activities and Intentions in Recent On these issues of great importance to U.S. Mr. Chair, I yield back the balance of U.S. Elections,’’ have confirmed that 2016 wit- national security, the goal of intelligence anal- my time. nessed the first American presidential election ysis is to provide assessments to decision Mr. GOODLATTE. Mr. Chair, I yield that was the subject of cyberattacks. makers that are intellectually rigorous, objec- myself such time as I may consume. These and other subversive activities have tive, timely, and useful, and that adhere to The facts are plain, the conclusion is been confirmed to have been perpetrated by tradecraft standards. clear: the rampant tide of unchecked, entities allied with the Government of Russia Applying these standards helps ensure that unbalanced Federal regulation is over- and were undertaken for the express purpose the Intelligence Community provides U.S. pol- whelming job creators and households of influencing the presidential contest to se- icymakers, warfighters, and operators with the all across this Nation. Thanks to Wash- cure the election of its preferred candidate, best and most accurate insight, warning, and ington’s endless excess of regulations, Donald Trump, who made history by becoming context, as well as potential opportunities to hardworking Americans face higher the first presidential candidate to invite a hos- advance U.S. national security. prices, lower wages, fewer jobs, and tile foreign power to launch cyberattacks This objective is difficult to achieve when fewer new business starts; and America against his political opponent. seeking to understand complex issues on as a whole is less competitive, less in- All three agencies, CIA, FBI and NSA, which foreign actors go to extraordinary novative, and less prosperous. agree with this judgment. lengths to hide or obfuscate their activities. Federal regulations now impose an The so-called Regulatory Accountability Act My amendment would have improved H.R. estimated burden of an amazing $1.89 (RAA), in addition if to this rule, demonstrates 5 by exempting only those regulations critical trillion per year. That burden is bury- the deceptive design of the majority to make to making cyber networks invulnerable to at- ing America’s job creators and suffo- it harder to establish regulations to protect the tack from foreign and domestic agencies and cating job opportunities. It equals public by tilting the entire regulatory system individuals. roughly $15,000 per U.S. household, over significantly toward special interests. Specifically, the amendment that the Rules 10 percent of America’s GDP, and more The bill allows Federal courts without exper- Committee disallowed for presentation on a than the GDP of all but eight countries tise on technical issues to substitute their vote here on the floor today would have pro- in the world. judgment for those of the expert federal agen- vided the American people an exemption to The Obama administration set new cies. allow for the prevention of tampering, alter- records for numbers and effects of These agencies are staffed with career sub- ation, or misappropriation of information by major regulations, over 600 in total, ject matter experts that are deeply knowledge- agents of foreign countries with the purpose or with an average of 81 per year. That is able of the background, context, and history of effect of interfering with or undermining elec- roughly one every 3 working days. agency actions and policy rationale. tion processes or institutions.

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JA7.055 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H335 In particular, restrictions put forth in H.R. 5 Sec. 302. Clarification and expansion of rules Office of Information and Regulatory Affairs could result in further delay to agencies at- covered by the regulatory flexi- determines is likely to— tempting to take action to help network de- bility act. ‘‘(A) in one or more sectors of the economy Sec. 303. Expansion of report of regulatory that has a 6-digit code under the North fenders better identify new tactics or tech- agenda. American Industry Classification System, niques that a malicious actor might deploy or Sec. 304. Requirements providing for more reduce employment not related to new regu- detect and disrupt an ongoing intrusion, in ad- detailed analyses. latory compliance by 1 percent or more an- dition to protecting data that enables cyberse- Sec. 305. Repeal of waiver and delay author- nually during the 1-year, 5-year, or 10-year curity firms and other network defenders to ity; additional powers of the period after implementation; identify certain malware that the Russian intel- Chief Counsel for advocacy. ‘‘(B) in one or more sectors of the economy ligence services use. Sec. 306. Procedures for gathering com- that has a 6-digit code under the North The Regulatory Accountability Act provides ments. American Industry Classification System, Sec. 307. Periodic review of rules. no accountability to the American public. reduce average weekly wages for employ- Sec. 308. Judicial review of compliance with ment not related to new regulatory compli- Instead, it allows polluting industries and the requirements of the regu- ance by 1 percent or more annually during special interests to game the system and es- latory flexibility act available the 1-year, 5-year, or 10-year period after im- cape accountability for any harm they inflict. after publication of the final plementation; It makes it incredibly difficult, if not impos- rule. ‘‘(C) in any industry area (as such term is sible, to secure new public protections and Sec. 309. Jurisdiction of court of appeals defined in the Current Population Survey arms industry with numerous tools to avoid over rules implementing the conducted by the Bureau of Labor Statistics) their legal obligations. regulatory flexibility act. in which the most recent annual unemploy- The increasing use of cyber-enabled means Sec. 310. Establishment and approval of ment rate for the industry area is greater to undermine democratic processes at home small business concern size than 5 percent, as determined by the Bureau standards by Chief Counsel for of Labor Statistics in the Current Popu- and abroad, as exemplified by Russia’s recent Advocacy. lation Survey, reduce employment not re- activities, has made clear that a tool explicitly Sec. 311. Clerical amendments. lated to new regulatory compliance during targeting attempts to interfere with elections is Sec. 312. Agency preparation of guides. the first year after implementation; or also warranted. Sec. 313. Comptroller general report. ‘‘(D) in any industry area in which the Bu- We cannot afford to let global terroristic TITLE IV—REQUIRE EVALUATION BE- reau of Labor Statistics projects in the Occu- threats, in the form of cyber activities, erode FORE IMPLEMENTING EXECUTIVE pational Employment Statistics program faith in U.S. democratic institutions, sow doubt WISHLISTS ACT that the employment level will decrease by 1 about the integrity of our electoral process, in- Sec. 401. Short title. percent or more, further reduce employment fluence elections, or undermine confidence in Sec. 402. Relief pending review. not related to new regulatory compliance during the first year after implementation; the institutions of the U.S. government. TITLE V—ALL ECONOMIC REGULATIONS ‘‘(18) ‘guidance’ means an agency state- My amendment would have offered protec- ARE TRANSPARENT ACT ment of general applicability and future ef- tions guarding the integrity of our cyber net- Sec. 501. Short title. fect, other than a regulatory action, that works, while at the same time allowing the bill Sec. 502. Office of information and regu- sets forth a policy on a statutory, regulatory to achieve the proponents’ major purposes. latory affairs publication of in- or technical issue or an interpretation of a For these reasons and more, I oppose this formation relating to rules. statutory or regulatory issue; bill. TITLE VI—PROVIDING ACCOUNTABILITY ‘‘(19) ‘major guidance’ means guidance that The Acting CHAIR. All time for gen- THROUGH TRANSPARENCY ACT the Administrator of the Office of Informa- eral debate has expired. Sec. 601. Short title. tion and Regulatory Affairs finds is likely to Pursuant to the rule, the bill shall be Sec. 602. Requirement to post a 100 word lead to— summary to regulations.gov. ‘‘(A) an annual cost on the economy of considered for amendment under the 5- $100,000,000 or more, adjusted annually for in- minute rule. The bill shall be consid- TITLE I—REGULATORY ACCOUNTABILITY flation; ered as read. ACT ‘‘(B) a major increase in costs or prices for The text of the bill is as follows: SEC. 101. SHORT TITLE. consumers, individual industries, Federal, H.R. 5 This title may be cited as the ‘‘Regulatory State, local or tribal government agencies, Be it enacted by the Senate and House of Rep- Accountability Act’’. or geographic regions; resentatives of the United States of America in SEC. 102. DEFINITIONS. ‘‘(C) significant adverse effects on competi- Congress assembled, Section 551 of title 5, United States Code, tion, employment, investment, productivity, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. is amended— innovation, or on the ability of United States-based enterprises to compete with (a) SHORT TITLE.—This Act may be cited as (1) in paragraph (13), by striking ‘‘and’’ at the ‘‘Regulatory Accountability Act of 2017’’. the end; foreign-based enterprises in domestic and ex- (b) TABLE OF CONTENTS.—The table of con- (2) in paragraph (14), by striking the period port markets; or tents for this Act is as follows: at the end and inserting a semicolon; and ‘‘(D) significant impacts on multiple sec- tors of the economy; Sec. 1. Short title; table of contents. (3) by adding at the end the following: ‘‘(15) ‘major rule’ means any rule that the ‘‘(20) the ‘Information Quality Act’ means TITLE I—REGULATORY Administrator of the Office of Information section 515 of Public Law 106–554, the Treas- ACCOUNTABILITY ACT and Regulatory Affairs determines is likely ury and General Government Appropriations Sec. 101. Short title. to impose— Act for Fiscal Year 2001, and guidelines Sec. 102. Definitions. ‘‘(A) an annual cost on the economy of issued by the Administrator of the Office of Sec. 103. Rule making. $100,000,000 or more, adjusted annually for in- Information and Regulatory Affairs or other Sec. 104. Agency guidance; procedures to flation; agencies pursuant to the Act; and issue major guidance; presi- ‘‘(B) a major increase in costs or prices for ‘‘(21) the ‘Office of Information and Regu- dential authority to issue consumers, individual industries, Federal, latory Affairs’ means the office established guidelines for issuance of guid- State, local, or tribal government agencies, under section 3503 of chapter 35 of title 44 ance. or geographic regions; and any successor to that office.’’. Sec. 105. Hearings; presiding employees; ‘‘(C) significant adverse effects on competi- SEC. 103. RULE MAKING. powers and duties; burden of tion, employment, investment, productivity, (a) Section 553(a) of title 5, United States proof; evidence; record as basis innovation, or on the ability of United Code, is amended by striking ‘‘(a) This sec- of decision. Sec. 106. Actions reviewable. States-based enterprises to compete with tion applies’’ and inserting ‘‘(a) APPLICA- Sec. 107. Scope of review. foreign-based enterprises in domestic and ex- BILITY.—This section applies’’. Sec. 108. Added definition. port markets; or (b) Section 553 of title 5, United States Sec. 109. Effective date. ‘‘(D) significant impacts on multiple sec- Code, is amended by striking subsections (b) tors of the economy; through (e) and inserting the following: TITLE II—SEPARATION OF POWERS ‘‘(16) ‘high-impact rule’ means any rule ‘‘(b) RULE MAKING CONSIDERATIONS.—In a RESTORATION ACT that the Administrator of the Office of Infor- rule making, an agency shall make all pre- Sec. 201. Short title. mation and Regulatory Affairs determines is liminary and final factual determinations Sec. 202. Judicial review of statutory and likely to impose an annual cost on the econ- based on evidence and consider, in addition regulatory interpretations. omy of $1,000,000,000 or more, adjusted annu- to other applicable considerations, the fol- TITLE III—SMALL BUSINESS REGU- ally for inflation; lowing: LATORY FLEXIBILITY IMPROVEMENTS ‘‘(17) ‘negative-impact on jobs and wages ‘‘(1) The legal authority under which a rule ACT rule’ means any rule that the agency that may be proposed, including whether a rule Sec. 301. Short title. made the rule or the Administrator of the making is required by statute, and if so,

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.041 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H336 CONGRESSIONAL RECORD — HOUSE January 11, 2017 whether by a specific date, or whether the whether by a specific date, or whether the ‘‘(ii) if so, whether or not the agency pro- agency has discretion to commence a rule agency has discretion to commence a rule poses to amend or rescind any such rules, making. making; and why. ‘‘(2) Other statutory considerations appli- ‘‘(C) preliminary information available to All information provided to or considered by cable to whether the agency can or should the agency concerning the other consider- the agency, and steps to obtain information propose a rule or undertake other agency ac- ations specified in subsection (b); by the agency, in connection with its deter- tion. ‘‘(D) in the case of a rule that involves a mination to propose the rule, including any ‘‘(3) The specific nature and significance of novel legal or policy issue arising out of preliminary risk assessment or regulatory the problem the agency may address with a statutory mandates, the nature of and poten- impact analysis prepared by the agency and rule (including the degree and nature of risks tial reasons to adopt the novel legal or pol- all other information prepared or described the problem poses and the priority of ad- icy position upon which the agency may base by the agency under subparagraph (D) and, dressing those risks compared to other mat- a proposed rule; and at the discretion of the President or the Ad- ters or activities within the agency’s juris- ‘‘(E) an achievable objective for the rule ministrator of the Office of Information and diction), whether the problem warrants new and metrics by which the agency will meas- Regulatory Affairs, information provided by agency action, and the countervailing risks ure progress toward that objective; that Office in consultations with the agency, that may be posed by alternatives for new ‘‘(2) solicit written data, views or argu- shall be placed in the docket for the proposed agency action. ment from interested persons concerning the rule and made accessible to the public by ‘‘(4) Whether existing rules have created or information and issues addressed in the ad- electronic means and otherwise for the contributed to the problem the agency may vance notice; and public’s use when the notice of proposed rule address with a rule and whether those rules ‘‘(3) provide for a period of not fewer than making is published. could be amended or rescinded to address the 60 days for interested persons to submit such ‘‘(2)(A) If the agency undertakes proce- problem in whole or part. written data, views, or argument to the dures under subsection (c) and determines ‘‘(5) Any reasonable alternatives for a new agency. thereafter not to propose a rule, the agency rule or other response identified by the agen- ‘‘(d) NOTICES OF PROPOSED RULE MAKING; shall, following consultation with the Office cy or interested persons, including not only of Information and Regulatory Affairs, pub- DETERMINATIONS OF OTHER AGENCY COURSE.— responses that mandate particular conduct lish a notice of determination of other agen- (1) Before it determines to propose a rule, or manners of compliance, but also— cy course. A notice of determination of other and following completion of procedures ‘‘(A) the alternative of no Federal re- agency course shall include information re- sponse; under subsection (c), if applicable, the agen- quired by paragraph (1)(D) to be included in ‘‘(B) amending or rescinding existing rules; cy shall consult with the Administrator of a notice of proposed rule making and a de- ‘‘(C) potential regional, State, local, or the Office of Information and Regulatory Af- scription of the alternative response the tribal regulatory action or other responses fairs. If the agency thereafter determines to agency determined to adopt. that could be taken in lieu of agency action; propose a rule, the agency shall publish a no- ‘‘(B) If in its determination of other agency and tice of proposed rule making, which shall in- course the agency makes a determination to ‘‘(D) potential responses that— clude— amend or rescind an existing rule, the agen- ‘‘(i) specify performance objectives rather ‘‘(A) a statement of the time, place, and cy need not undertake additional pro- than conduct or manners of compliance; nature of public rule making proceedings; ceedings under subsection (c) before it pub- ‘‘(ii) establish economic incentives to en- ‘‘(B) reference to the legal authority under lishes a notice of proposed rule making to courage desired behavior; which the rule is proposed; amend or rescind the existing rule. ‘‘(iii) provide information upon which ‘‘(C) the terms of the proposed rule; All information provided to or considered by choices can be made by the public; or ‘‘(D) a description of information known to the agency, and steps to obtain information ‘‘(iv) incorporate other innovative alter- the agency on the subject and issues of the by the agency, in connection with its deter- natives rather than agency actions that proposed rule, including but not limited to— mination of other agency course, including specify conduct or manners of compliance. ‘‘(i) a summary of information known to but not limited to any preliminary risk as- ‘‘(6) Notwithstanding any other provision the agency concerning the considerations sessment or regulatory impact analysis pre- of law— specified in subsection (b); pared by the agency and all other informa- ‘‘(A) the potential costs and benefits asso- ‘‘(ii) a summary of additional information tion that would be required to be prepared or ciated with potential alternative rules and the agency provided to and obtained from in- described by the agency under paragraph other responses considered under section terested persons under subsection (c); (1)(D) if the agency had determined to pub- 553(b)(5), including direct, indirect, and cu- ‘‘(iii) a summary of any preliminary risk lish a notice of proposed rule making and, at mulative costs and benefits and estimated assessment or regulatory impact analysis the discretion of the President or the Admin- impacts on jobs (including an estimate of the performed by the agency; and istrator of the Office of Information and Reg- net gain or loss in domestic jobs), wages, ‘‘(iv) information specifically identifying ulatory Affairs, information provided by economic growth, innovation, economic all data, studies, models, and other evidence that Office in consultations with the agency, competitiveness, and impacts on low income or information considered or used by the shall be placed in the docket for the deter- populations; agency in connection with its determination mination and made accessible to the public ‘‘(B) means to increase the cost-effective- to propose the rule; by electronic means and otherwise for the ness of any Federal response; and ‘‘(E)(i) a reasoned preliminary determina- public’s use when the notice of determina- ‘‘(C) incentives for innovation, consist- tion of need for the rule based on the infor- tion is published. ency, predictability, lower costs of enforce- mation described under subparagraph (D); ‘‘(3) After notice of proposed rule making ment and compliance (to government enti- ‘‘(ii) an additional statement of whether a required by this section, the agency shall ties, regulated entities, and the public), and rule is required by statute; and provide interested persons an opportunity to flexibility. participate in the rule making through sub- ‘‘(c) ADVANCE NOTICE OF PROPOSED RULE ‘‘(iii) an achievable objective for the rule mission of written data, views, or arguments MAKING FOR MAJOR RULES, HIGH-IMPACT and metrics by which the agency will meas- with or without opportunity for oral presen- RULES, NEGATIVE-IMPACT ON JOBS AND WAGES ure progress toward that objective; tation, except that— RULES, AND RULES INVOLVING NOVEL LEGAL ‘‘(F) a reasoned preliminary determination ‘‘(A) if a hearing is required under para- OR POLICY ISSUES.—In the case of a rule mak- that the benefits of the proposed rule meet ing for a major rule, a high-impact rule, a the relevant statutory objectives and justify graph (4)(B) or subsection (e), opportunity negative-impact on jobs and wages rule, or a the costs of the proposed rule (including all for oral presentation shall be provided pursu- rule that involves a novel legal or policy costs to be considered under subsection ant to that requirement; or issue arising out of statutory mandates, not (b)(6)), based on the information described ‘‘(B) when other than under subsection (e) later than 90 days before a notice of proposed under subparagraph (D); of this section rules are required by statute rule making is published in the Federal Reg- ‘‘(G) a discussion of— or at the discretion of the agency to be made ister, an agency shall publish advance notice ‘‘(i) the alternatives to the proposed rule, on the record after opportunity for an agen- of proposed rule making in the Federal Reg- and other alternative responses, considered cy hearing, sections 556 and 557 shall apply, ister. In publishing such advance notice, the by the agency under subsection (b); and paragraph (4), the requirements of sub- agency shall— ‘‘(ii) the costs and benefits of those alter- section (e) to receive comment outside of the ‘‘(1) include a written statement identi- natives (including all costs to be considered procedures of sections 556 and 557, and the fying, at a minimum— under subsection (b)(6)); petition procedures of subsection (e)(6) shall ‘‘(A) the nature and significance of the ‘‘(iii) whether those alternatives meet rel- not apply. problem the agency may address with a rule, evant statutory objectives; and The agency shall provide not fewer than 60 including data and other evidence and infor- ‘‘(iv) why the agency did not propose any days for interested persons to submit written mation on which the agency expects to rely of those alternatives; and data, views, or argument (or 120 days in the for the proposed rule; ‘‘(H)(i) a statement of whether existing case of a proposed major or high-impact ‘‘(B) the legal authority under which a rule rules have created or contributed to the rule). may be proposed, including whether a rule problem the agency seeks to address with ‘‘(4)(A) Within 30 days of publication of no- making is required by statute, and if so, the proposed rule; and tice of proposed rule making, a member of

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H337 the public may petition for a hearing in ac- in light of the nature of the need for agency ‘‘(F) the agency’s reasoned final deter- cordance with section 556 to determine action, unreasonably delay completion of the mination that the evidence and other infor- whether any evidence or other information rule making. An agency shall grant or deny mation upon which the agency bases the rule upon which the agency bases the proposed a petition under this paragraph within 30 complies with the Information Quality Act; rule fails to comply with the Information days of its receipt of the petition. ‘‘(G) the agency’s reasoned final deter- Quality Act. No later than 45 days before any hearing held mination that the rule meets the objectives ‘‘(B)(i) The agency may, upon review of the under this subsection or sections 556 and 557, that the agency identified in subsection petition, determine without further process the agency shall publish in the Federal Reg- (d)(1)(E)(iii) or that other objectives are to exclude from the rule making the evi- ister a notice specifying the proposed rule to more appropriate in light of the full adminis- dence or other information that is the sub- be considered at such hearing, the issues to trative record and the rule meets those ob- ject of the petition and, if appropriate, with- be considered at the hearing, and the time jectives; draw the proposed rule. The agency shall and place for such hearing, except that such ‘‘(H) the agency’s reasoned final deter- promptly publish any such determination. mination that it did not deviate from the ‘‘(ii) If the agency does not resolve the pe- notice may be issued not later than 15 days before a hearing held under subsection metrics the agency included in subsection tition under the procedures of clause (i), it (d)(1)(E)(iii) or that other metrics are more shall grant any such petition that presents a (d)(4)(B). ‘‘(f) FINAL RULES.—(1) The agency shall appropriate in light of the full administra- prima facie case that evidence or other infor- tive record and the agency did not deviate mation upon which the agency bases the pro- adopt a rule only following consultation with the Administrator of the Office of Infor- from those metrics; posed rule fails to comply with the Informa- ‘‘(I)(i) for any major rule, high-impact tion Quality Act, hold the requested hearing mation and Regulatory Affairs to facilitate compliance with applicable rule making re- rule, or negative-impact on jobs and wages not later than 30 days after receipt of the pe- rule, the agency’s plan for review of the rule tition, provide a reasonable opportunity for quirements. no less than every ten years to determine cross-examination at the hearing, and decide ‘‘(2) The agency shall adopt a rule only on whether, based upon evidence, there remains the issues presented by the petition not later the basis of the best reasonably obtainable a need for the rule, whether the rule is in than 60 days after receipt of the petition. scientific, technical, economic, and other fact achieving statutory objectives, whether The agency may deny any petition that it evidence and information concerning the the rule’s benefits continue to justify its determines does not present such a prima need for, consequences of, and alternatives costs, and whether the rule can be modified facie case. to the rule. or rescinded to reduce costs while continuing ‘‘(C) There shall be no judicial review of ‘‘(3)(A) Except as provided in subparagraph to achieve statutory objectives; and the agency’s disposition of issues considered (B), the agency shall adopt the least costly ‘‘(ii) review of a rule under a plan required and decided or determined under subpara- rule considered during the rule making (in- by clause (i) of this subparagraph shall take graph (B)(ii) until judicial review of the cluding all costs to be considered under sub- into account the factors and criteria set agency’s final action. There shall be no judi- section (b)(6)) that meets relevant statutory forth in subsections (b) through (f) of section cial review of an agency’s determination to objectives. 553 of this title; and withdraw a proposed rule under subpara- ‘‘(B) The agency may adopt a rule that is ‘‘(J) for any negative-impact on jobs and graph (B)(i) on the basis of the petition. more costly than the least costly alternative ‘‘(D) Failure to petition for a hearing that would achieve the relevant statutory wages rule, a statement that the head of the under this paragraph shall not preclude judi- objectives only if the additional benefits of agency that made the rule approved the rule cial review of any claim based on the Infor- the more costly rule justify its additional knowing about the findings and determina- mation Quality Act under chapter 7 of this costs and only if the agency explains its rea- tion of the agency or the Administrator of title. son for doing so based on interests of public the Office of Information and Regulatory Af- ‘‘(e) HEARINGS FOR HIGH-IMPACT RULES.— health, safety or welfare that are clearly fairs that qualified the rule as a negative im- Following notice of a proposed rule making, within the scope of the statutory provision pact on jobs and wages rule. receipt of comments on the proposed rule, authorizing the rule. All information considered by the agency in and any hearing held under subsection (d)(4), ‘‘(4) When it adopts a final rule, the agency connection with its adoption of the rule, and, and before adoption of any high-impact rule, shall publish a notice of final rule making. at the discretion of the President or the Ad- the agency shall hold a hearing in accord- The notice shall include— ministrator of the Office of Information and ance with sections 556 and 557, unless such ‘‘(A) a concise, general statement of the Regulatory Affairs, information provided by hearing is waived by all participants in the rule’s basis and purpose; that Office in consultations with the agency, rule making other than the agency. The ‘‘(B) the agency’s reasoned final deter- shall be placed in the docket for the rule and agency shall provide a reasonable oppor- mination of need for a rule to address the made accessible to the public for the public’s tunity for cross-examination at such hear- problem the agency seeks to address with use no later than when the rule is adopted. ing. The hearing shall be limited to the fol- the rule, including a statement of whether a ‘‘(g) EXCEPTIONS FROM NOTICE AND HEARING lowing issues of fact, except that partici- rule is required by statute and a summary of REQUIREMENTS.—(1) Except when notice or hearing is required by statute, the following pants at the hearing other than the agency any final risk assessment or regulatory im- do not apply to interpretive rules, general may waive determination of any such issue: pact analysis prepared by the agency; statements of policy, or rules of agency orga- ‘‘(1) Whether the agency’s asserted factual ‘‘(C) the agency’s reasoned final deter- nization, procedure, or practice: predicate for the rule is supported by the evi- mination that the benefits of the rule meet ‘‘(A) Subsections (c) through (e). dence. the relevant statutory objectives and justify ‘‘(B) Paragraphs (1) through (3) of sub- ‘‘(2) Whether there is an alternative to the the rule’s costs (including all costs to be con- section (f). proposed rule that would achieve the rel- sidered under subsection (b)(6)); ‘‘(C) Subparagraphs (B) through (H) of sub- evant statutory objectives at a lower cost ‘‘(D) the agency’s reasoned final deter- section (f)(4). (including all costs to be considered under mination not to adopt any of the alter- ‘‘(2)(A) When the agency for good cause, subsection (b)(6)) than the proposed rule. natives to the proposed rule considered by based upon evidence, finds (and incorporates ‘‘(3) If there is more than one alternative the agency during the rule making, includ- the finding and a brief statement of reasons to the proposed rule that would achieve the ing— therefor in the rules issued) that compliance relevant statutory objectives at a lower cost ‘‘(i) the agency’s reasoned final determina- with subsection (c), (d), or (e) or require- than the proposed rule, which alternative tion that no alternative considered achieved ments to render final determinations under would achieve the relevant statutory objec- the relevant statutory objectives with lower subsection (f) of this section before the tives at the lowest cost. costs (including all costs to be considered issuance of an interim rule is impracticable ‘‘(4) Whether, if the agency proposes to under subsection (b)(6)) than the rule; or or contrary to the public interest, including adopt a rule that is more costly than the ‘‘(ii) the agency’s reasoned determination interests of national security, such sub- least costly alternative that would achieve that its adoption of a more costly rule com- sections or requirements to render final de- the relevant statutory objectives (including plies with subsection (f)(3)(B); terminations shall not apply to the agency’s all costs to be considered under subsection ‘‘(E) the agency’s reasoned final deter- adoption of an interim rule. (b)(6)), the additional benefits of the more mination— ‘‘(B) If, following compliance with subpara- costly rule exceed the additional costs of the ‘‘(i) that existing rules have not created or graph (A) of this paragraph, the agency more costly rule. contributed to the problem the agency seeks adopts an interim rule, it shall commence ‘‘(5) Whether the evidence and other infor- to address with the rule; or proceedings that comply fully with sub- mation upon which the agency bases the pro- ‘‘(ii) that existing rules have created or sections (d) through (f) of this section imme- posed rule meets the requirements of the In- contributed to the problem the agency seeks diately upon publication of the interim rule, formation Quality Act. to address with the rule, and, if so— shall treat the publication of the interim ‘‘(6) Upon petition by an interested person ‘‘(I) why amendment or rescission of such rule as publication of a notice of proposed who has participated in the rule making, existing rules is not alone sufficient to re- rule making and shall not be required to other issues relevant to the rule making, un- spond to the problem; and issue supplemental notice other than to com- less the agency determines that consider- ‘‘(II) whether and how the agency intends plete full compliance with subsection (d). No ation of the issues at the hearing would not to amend or rescind the existing rule sepa- less than 270 days from publication of the in- advance consideration of the rule or would, rate from adoption of the rule; terim rule (or 18 months in the case of a

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If the agency fails to each agency avoids regulations that are in- ance and their costs and benefits (including take timely final action, the interim rule consistent or incompatible with, or duplica- all costs to be considered during a rule mak- will cease to have the effect of law. tive of, its other regulations and those of ing under section 553(b) of this title) and ex- ‘‘(C) Other than in cases involving inter- other Federal agencies and drafts its regula- plains why the agency rejected those alter- ests of national security, upon the agency’s tions to be simple and easy to understand, natives; and publication of an interim rule without com- with the goal of minimizing the potential for ‘‘(2) confer with the Administrator of the pliance with subsection (c), (d), or (e) or re- uncertainty and litigation arising from such Office of Information and Regulatory Affairs quirements to render final determinations uncertainty. on the issuance of such guidance to assure under subsection (f) of this section, an inter- ‘‘(3) To ensure consistency in Federal rule that the guidance is reasonable, understand- ested party may seek immediate judicial re- making, the Administrator of the Office of able, consistent with relevant statutory and view under chapter 7 of this title of the agen- Information and Regulatory Affairs shall— regulatory provisions and requirements or cy’s determination to adopt such interim ‘‘(A) issue guidelines and otherwise take practices of other agencies, does not produce rule. The record on such review shall include action to ensure that rule makings con- costs that are unjustified by the guidance’s all documents and information considered by ducted in whole or in part under procedures benefits, and is otherwise appropriate. the agency and any additional information specified in provisions of law other than Upon issuing major guidance, or guidance presented by a party that the court deter- those of subchapter II of this title conform mines necessary to consider to assure jus- that involves a novel legal or policy issue to the fullest extent allowed by law with the arising out of statutory mandates, the agen- tice. procedures set forth in section 553 of this ‘‘(3) When the agency for good cause finds cy shall publish the documentation required title; and (and incorporates the finding and a brief by subparagraph (1) by electronic means and ‘‘(B) issue guidelines for the conduct of statement of reasons therefor in the rules otherwise. hearings under subsections 553(d)(4) and issued) that notice and public procedure ‘‘(b) Agency guidance— 553(e) of this section, including to assure a thereon are unnecessary, including because ‘‘(1) is not legally binding and may not be agency rule making is undertaken only to reasonable opportunity for cross-examina- relied upon by an agency as legal grounds for correct a de minimis technical or clerical tion. Each agency shall adopt regulations for agency action; error in a previously issued rule or for other the conduct of hearings consistent with the ‘‘(2) shall state in a plain, prominent and noncontroversial purposes, the agency may guidelines issued under this subparagraph. permanent manner that it is not legally publish a rule without compliance with sub- ‘‘(4) The Administrator of the Office of In- binding; and section (c), (d), (e), or (f)(1)–(3) and (f)(4)(B)– formation and Regulatory Affairs shall issue ‘‘(3) shall, at the time it is issued or upon (F). If the agency receives significant ad- guidelines pursuant to the Information Qual- request, be made available by the issuing verse comment within 60 days after publica- ity Act to apply in rule making proceedings agency to interested persons and the public tion of the rule, it shall treat the notice of under sections 553, 556, and 557 of this title. by electronic means and otherwise. the rule as a notice of proposed rule making In all cases, such guidelines, and the Admin- Agencies shall avoid the issuance of guid- and complete rule making in compliance istrator’s specific determinations regarding ance that is inconsistent or incompatible with subsections (d) and (f). agency compliance with such guidelines, with, or duplicative of, the agency’s gov- ‘‘(h) ADDITIONAL REQUIREMENTS FOR HEAR- shall be entitled to judicial deference. erning statutes or regulations, with the goal INGS.—When a hearing is required under sub- ‘‘(l) INCLUSION IN THE RECORD OF CERTAIN of minimizing the potential for uncertainty section (e) or is otherwise required by stat- DOCUMENTS AND INFORMATION.—The agency and litigation arising from such uncertainty. ute or at the agency’s discretion before adop- shall include in the record for a rule making, ‘‘(c) The Administrator of the Office of In- tion of a rule, the agency shall comply with and shall make available by electronic formation and Regulatory Affairs shall have the requirements of sections 556 and 557 in means and otherwise, all documents and in- authority to issue guidelines for use by the addition to the requirements of subsection formation prepared or considered by the agencies in the issuance of major guidance (f) in adopting the rule and in providing no- agency during the proceeding, including, at and other guidance. Such guidelines shall as- tice of the rule’s adoption. the discretion of the President or the Admin- sure that each agency avoids issuing guid- ‘‘(i) DATE OF PUBLICATION OF RULE.—The istrator of the Office of Information and Reg- ance documents that are inconsistent or in- required publication or service of a sub- ulatory Affairs, documents and information compatible with, or duplicative of, the law, stantive final or interim rule shall be made communicated by that Office during con- its other regulations, or the regulations of not less than 30 days before the effective sultation with the Agency. other Federal agencies and drafts its guid- date of the rule, except— ‘‘(m) MONETARY POLICY EXEMPTION.—Noth- ance documents to be simple and easy to un- ‘‘(1) a substantive rule which grants or rec- ing in subsection (b)(6), subparagraphs (F) derstand, with the goal of minimizing the po- ognizes an exemption or relieves a restric- and (G) of subsection (d)(1), subsection (e), tential for uncertainty and litigation arising tion; subsection (f)(3), and subparagraphs (C) and from such uncertainty.’’. ‘‘(2) interpretive rules and statements of (D) of subsection (f)(5) shall apply to rule (b) CLERICAL AMENDMENT.—The table of policy; or makings that concern monetary policy pro- sections for chapter 5 of title 5, United ‘‘(3) as otherwise provided by the agency posed or implemented by the Board of Gov- States Code, is amended by inserting after for good cause found and published with the ernors of the Federal Reserve System or the the item relating to section 553 the following rule. Federal Open Market Committee.’’. new item: ‘‘(j) RIGHT TO PETITION.—Each agency shall SEC. 104. AGENCY GUIDANCE; PROCEDURES TO ‘‘553a. Agency guidance; procedures to issue give an interested person the right to peti- ISSUE MAJOR GUIDANCE; PRESI- tion for the issuance, amendment, or repeal DENTIAL AUTHORITY TO ISSUE major guidance; authority to of a rule. GUIDELINES FOR ISSUANCE OF issue guidelines for issuance of ‘‘(k) RULE MAKING GUIDELINES.—(1)(A) The GUIDANCE. guidance.’’. Administrator of the Office of Information (a) IN GENERAL.—Chapter 5 of title 5, SEC. 105. HEARINGS; PRESIDING EMPLOYEES; and Regulatory Affairs shall establish guide- United States Code, is amended by inserting POWERS AND DUTIES; BURDEN OF lines for the assessment, including quan- after section 553 the following new section: PROOF; EVIDENCE; RECORD AS BASIS OF DECISION. titative and qualitative assessment, of the ‘‘§ 553a. Agency guidance; procedures to issue costs and benefits of proposed and final rules Section 556 of title 5, United States Code, major guidance; authority to issue guide- is amended by striking subsection (e) and in- and other economic issues or issues related lines for issuance of guidance to risk that are relevant to rule making serting the following: under this title. The rigor of cost-benefit ‘‘(a) Before issuing any major guidance, or ‘‘(e)(1) The transcript of testimony and ex- analysis required by such guidelines shall be guidance that involves a novel legal or pol- hibits, together with all papers and requests commensurate, in the Administrator’s deter- icy issue arising out of statutory mandates, filed in the proceeding, constitutes the ex- mination, with the economic impact of the an agency shall— clusive record for decision in accordance rule. ‘‘(1) make and document a reasoned deter- with section 557 and shall be made available ‘‘(B) To ensure that agencies use the best mination that— to the parties and the public by electronic available techniques to quantify and evalu- ‘‘(A) assures that such guidance is under- means and, upon payment of lawfully pre- ate anticipated present and future benefits, standable and complies with relevant statu- scribed costs, otherwise. When an agency de- costs, other economic issues, and risks as ac- tory objectives and regulatory provisions cision rests on official notice of a material curately as possible, the Administrator of (including any statutory deadlines for agen- fact not appearing in the evidence in the the Office of Information and Regulatory Af- cy action); record, a party is entitled, on timely request, fairs shall regularly update guidelines estab- ‘‘(B) summarizes the evidence and data on to an opportunity to show the contrary. lished under paragraph (1)(A) of this sub- which the agency will base the guidance; ‘‘(2) Notwithstanding paragraph (1) of this section. ‘‘(C) identifies the costs and benefits (in- subsection, in a proceeding held under this ‘‘(2) The Administrator of the Office of In- cluding all costs to be considered during a section pursuant to section 553(d)(4) or 553(e), formation and Regulatory Affairs shall also rule making under section 553(b) of this title) the record for decision shall also include any

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information that is part of the record of pro- SEC. 108. ADDED DEFINITION. (b) INCLUSION OF RULES WITH INDIRECT EF- ceedings under section 553. Section 701(b) of title 5, United States FECTS.—Section 601 of title 5, United States ‘‘(f) When an agency conducts rule making Code, is amended— Code, is amended by adding at the end the under this section and section 557 directly (1) in paragraph (1), by striking ‘‘and’’ at following new paragraph: after concluding proceedings upon an ad- the end; ‘‘(9) ECONOMIC IMPACT.—The term ‘eco- vance notice of proposed rule making under (2) in paragraph (2), by striking the period nomic impact’ means, with respect to a pro- section 553(c), the matters to be considered at the end, and inserting ‘‘; and’’; and posed or final rule— and determinations to be made shall include, (3) by adding at the end the following: ‘‘(A) any direct economic effect on small among other relevant matters and deter- ‘‘(3) ‘substantial evidence’ means such rel- entities of such rule; and minations, the matters and determinations evant evidence as a reasonable mind might ‘‘(B) any indirect economic effect (includ- described in subsections (b) and (f) of section accept as adequate to support a conclusion ing compliance costs and effects on revenue) 553. in light of the record considered as a whole, on small entities which is reasonably fore- ‘‘(g) Upon receipt of a petition for a hear- taking into account whatever in the record seeable and results from such rule (without ing under this section, the agency shall fairly detracts from the weight of the evi- regard to whether small entities will be di- grant the petition in the case of any major dence relied upon by the agency to support rectly regulated by the rule).’’. rule, unless the agency reasonably deter- its decision.’’. (c) INCLUSION OF RULES WITH BENEFICIAL mines that a hearing would not advance con- SEC. 109. EFFECTIVE DATE. EFFECTS.— sideration of the rule or would, in light of The amendments made by this title to— (1) INITIAL REGULATORY FLEXIBILITY ANAL- the need for agency action, unreasonably (1) sections 553, 556, and 704 of title 5, YSIS.—Subsection (c) of section 603 of title 5, delay completion of the rule making. The United States Code; United States Code, is amended by striking agency shall publish its decision to grant or (2) subsection (b) of section 701 of such the first sentence and inserting ‘‘Each initial deny the petition when it renders the deci- title; regulatory flexibility analysis shall also con- sion, including an explanation of the grounds (3) paragraphs (1) and (2) of section 706(c) of tain a detailed description of alternatives to for decision. The information contained in such title; and the proposed rule which minimize any ad- the petition shall in all cases be included in (4) subsection (d) of section 706 of such verse significant economic impact or maxi- the administrative record. This subsection title, shall not apply to rule makings that concern mize any beneficial significant economic im- monetary policy proposed or implemented by shall not apply to any rule makings pending pact on small entities.’’. the Board of Governors of the Federal Re- or completed on the date of enactment of (2) FINAL REGULATORY FLEXIBILITY ANAL- serve System or the Federal Open Market this title. YSIS.—The first paragraph (6) of section Committee.’’. TITLE II—SEPARATION OF POWERS 604(a) of title 5, United States Code, is amended by striking ‘‘minimize the signifi- SEC. 106. ACTIONS REVIEWABLE. RESTORATION ACT Section 704 of title 5, United States Code, SEC. 201. SHORT TITLE. cant economic impact’’ and inserting ‘‘mini- is amended— This title may be cited as the ‘‘Separation mize the adverse significant economic im- (1) by striking ‘‘Agency action made’’ and of Powers Restoration Act’’. pact or maximize the beneficial significant inserting ‘‘(a) Agency action made’’; and SEC. 202. JUDICIAL REVIEW OF STATUTORY AND economic impact’’. (2) by adding at the end the following: ‘‘De- REGULATORY INTERPRETATIONS. (d) INCLUSION OF RULES AFFECTING TRIBAL nial by an agency of a correction request or, Section 706 of title 5, United States Code, ORGANIZATIONS.—Paragraph (5) of section 601 where administrative appeal is provided for, as amended by this Act, is further amended— of title 5, United States Code, is amended by denial of an appeal, under an administrative (1) in subsection (a) (as designated by sec- inserting ‘‘and tribal organizations (as de- mechanism described in subsection (b)(2)(B) tion 107 of this Act)— fined in section 4(l) of the Indian Self-Deter- of the Information Quality Act, or the fail- (A) by striking ‘‘decide all relevant ques- mination and Education Assistance Act (25 ure of an agency within 90 days to grant or tions of law, interpret constitutional and U.S.C. 450b(l))),’’ after ‘‘special districts,’’. deny such request or appeal, shall be final statutory provisions, and’’; and (e) INCLUSION OF LAND MANAGEMENT PLANS action for purposes of this section. (B) by inserting after ‘‘of the terms of an AND FORMAL RULEMAKING.— ‘‘(b) Other than in cases involving interests agency action’’ the following ‘‘and decide de (1) INITIAL REGULATORY FLEXIBILITY ANAL- of national security, notwithstanding sub- novo all relevant questions of law, including YSIS.—Subsection (a) of section 603 of title 5, section (a) of this section, upon the agency’s the interpretation of constitutional and stat- United States Code, is amended in the first publication of an interim rule without com- utory provisions, and rules made by agen- sentence— pliance with section 553(c), (d), or (e) or re- cies. Notwithstanding any other provision of (A) by striking ‘‘or’’ after ‘‘proposed rule,’’; quirements to render final determinations law, this subsection shall apply in any action and under subsection (f) of section 553, an inter- for judicial review of agency action author- (B) by inserting ‘‘or publishes a revision or ested party may seek immediate judicial re- ized under any provision of law. No law may amendment to a land management plan,’’ view under this chapter of the agency’s de- exempt any such civil action from the appli- after ‘‘United States,’’. termination to adopt such rule on an interim cation of this section except by specific ref- (2) FINAL REGULATORY FLEXIBILITY ANAL- basis. Review shall be limited to whether the erence to this section’’; and YSIS.—Subsection (a) of section 604 of title 5, agency abused its discretion to adopt the in- (2) by striking ‘‘The reviewing court United States Code, is amended in the first terim rule without compliance with section shall—’’ and inserting the following: sentence— 553(c), (d), or (e) or without rendering final ‘‘(b) The reviewing court shall—’’. (A) by striking ‘‘or’’ after ‘‘proposed rule- determinations under subsection (f) of sec- TITLE III—SMALL BUSINESS REGULATORY making,’’; and tion 553.’’. FLEXIBILITY IMPROVEMENTS ACT (B) by inserting ‘‘or adopts a revision or SEC. 107. SCOPE OF REVIEW. SEC. 301. SHORT TITLE. amendment to a land management plan,’’ Section 706 of title 5, United States Code is This title may be cited as the ‘‘Small Busi- after ‘‘section 603(a),’’. amended— ness Regulatory Flexibility Improvements (3) LAND MANAGEMENT PLAN DEFINED.—Sec- (1) by striking ‘‘To the extent necessary’’ Act’’. tion 601 of title 5, United States Code, is and inserting ‘‘(a) To the extent necessary’’; SEC. 302. CLARIFICATION AND EXPANSION OF amended by adding at the end the following (2) in paragraph (2)(A) of subsection (b) (as RULES COVERED BY THE REGU- new paragraph: designated by section 202 of this Act), by in- LATORY FLEXIBILITY ACT. ‘‘(10) LAND MANAGEMENT PLAN.— serting after ‘‘in accordance with law’’ the (a) IN GENERAL.—Paragraph (2) of section ‘‘(A) IN GENERAL.—The term ‘land manage- following: ‘‘(including the Information Qual- 601 of title 5, United States Code, is amended ment plan’ means— ity Act)’’; and to read as follows: ‘‘(i) any plan developed by the Secretary of (3) by adding at the end the following: ‘‘(2) RULE.—The term ‘rule’ has the mean- Agriculture under section 6 of the Forest and ‘‘(c) The court shall not defer to the agen- ing given such term in section 551(4) of this Rangeland Renewable Resources Planning cy’s— title, except that such term does not in- Act of 1974 (16 U.S.C. 1604); and ‘‘(1) determination of the costs and bene- clude— ‘‘(ii) any plan developed by the Secretary fits or other economic or risk assessment of ‘‘(A) a rule pertaining to the protection of of the Interior under section 202 of the Fed- the action, if the agency failed to conform to the rights of and benefits for veterans or eral Land Policy and Management Act of guidelines on such determinations and as- part 232 of title 32 of the Code of Federal 1976 (43 U.S.C. 1712). sessments established by the Administrator Regulations (as in effect on July 1, 2014) or ‘‘(B) REVISION.—The term ‘revision’ means of the Office of Information and Regulatory any successor provisions thereto; or any change to a land management plan Affairs under section 553(k); ‘‘(B) a rule of particular (and not general) which— ‘‘(2) determinations made in the adoption applicability relating to rates, wages, cor- ‘‘(i) in the case of a plan described in sub- of an interim rule; or porate or financial structures or reorganiza- paragraph (A)(i), is made under section 6(f)(5) ‘‘(3) guidance. tions thereof, prices, facilities, appliances, of the Forest and Rangeland Renewable Re- ‘‘(d) The court shall review agency denials services, or allowances therefor or to valu- sources Planning Act of 1974 (16 U.S.C. of petitions under section 553(e)(6) or any ations, costs or accounting, or practices re- 1604(f)(5)); or other petition for a hearing under sections lating to such rates, wages, structures, ‘‘(ii) in the case of a plan described in sub- 556 and 557 for abuse of agency discretion.’’. prices, appliances, services, or allowances.’’. paragraph (A)(ii), is made under section

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H340 CONGRESSIONAL RECORD — HOUSE January 11, 2017 1610.5–6 of title 43, Code of Federal Regula- (B) by redesignating paragraph (3) as para- tion 605(b))’’ after ‘‘initial regulatory flexi- tions (or any successor regulation). graph (4); and bility analysis’’. ‘‘(C) AMENDMENT.—The term ‘amendment’ (C) by inserting after paragraph (2) the fol- (3) PUBLICATION OF ANALYSIS ON WEBSITE.— means any change to a land management lowing: Subsection (b) of section 604 of title 5, United plan which— ‘‘(3) a brief description of the sector of the States Code, is amended to read as follows: ‘‘(i) in the case of a plan described in sub- North American Industrial Classification ‘‘(b) The agency shall make copies of the paragraph (A)(i), is made under section 6(f)(4) System that is primarily affected by any final regulatory flexibility analysis available of the Forest and Rangeland Renewable Re- rule which the agency expects to propose or to the public, including placement of the en- sources Planning Act of 1974 (16 U.S.C. promulgate which is likely to have a signifi- tire analysis on the agency’s website, and 1604(f)(4)) and with respect to which the Sec- cant economic impact on a substantial num- shall publish in the Federal Register the retary of Agriculture prepares a statement ber of small entities; and’’; and final regulatory flexibility analysis, or a described in section 102(2)(C) of the National (2) in subsection (c), to read as follows: summary thereof which includes the tele- Environmental Policy Act of 1969 (42 U.S.C. ‘‘(c) Each agency shall prominently display phone number, mailing address, and link to 4332(2)(C)); or a plain language summary of the informa- the website where the complete analysis may ‘‘(ii) in the case of a plan described in sub- tion contained in the regulatory flexibility be obtained.’’. paragraph (A)(ii), is made under section agenda published under subsection (a) on its (c) CROSS-REFERENCES TO OTHER ANAL- 1610.5–5 of title 43, Code of Federal Regula- website within 3 days of its publication in YSES.—Subsection (a) of section 605 of title 5, tions (or any successor regulation) and with the Federal Register. The Office of Advocacy United States Code, is amended to read as respect to which the Secretary of the Inte- of the Small Business Administration shall follows: ‘‘(a) A Federal agency shall be treated as rior prepares a statement described in sec- compile and prominently display a plain lan- satisfying any requirement regarding the tion 102(2)(C) of the National Environmental guage summary of the regulatory agendas content of an agenda or regulatory flexi- Policy Act of 1969 (42 U.S.C. 4332(2)(C)).’’. referenced in subsection (a) for each agency bility analysis under section 602, 603, or 604, (f) INCLUSION OF CERTAIN INTERPRETIVE on its website within 3 days of their publica- if such agency provides in such agenda or RULES INVOLVING THE INTERNAL REVENUE tion in the Federal Register.’’. analysis a cross-reference to the specific por- LAWS.— SEC. 304. REQUIREMENTS PROVIDING FOR MORE tion of another agenda or analysis which is (1) IN GENERAL.—Subsection (a) of section DETAILED ANALYSES. required by any other law and which satis- 603 of title 5, United States Code, is amended (a) INITIAL REGULATORY FLEXIBILITY ANAL- fies such requirement.’’. by striking the period at the end and insert- YSIS.—Subsection (b) of section 603 of title 5, (d) CERTIFICATIONS.—Subsection (b) of sec- ing ‘‘or a recordkeeping requirement, and United States Code, is amended to read as tion 605 of title 5, United States Code, is without regard to whether such requirement follows: amended— is imposed by statute or regulation.’’. ‘‘(b) Each initial regulatory flexibility (1) by inserting ‘‘detailed’’ before ‘‘state- (2) COLLECTION OF INFORMATION.—Para- analysis required under this section shall ment’’ the first place it appears; and graph (7) of section 601 of title 5, United contain a detailed statement— (2) by inserting ‘‘and legal’’ after ‘‘fac- States Code, is amended to read as follows: ‘‘(1) describing the reasons why action by tual’’. ‘‘(7) COLLECTION OF INFORMATION.—The the agency is being considered; (e) QUANTIFICATION REQUIREMENTS.—Sec- term ‘collection of information’ has the ‘‘(2) describing the objectives of, and legal tion 607 of title 5, United States Code, is meaning given such term in section 3502(3) of basis for, the proposed rule; amended to read as follows: title 44.’’. ‘‘(3) estimating the number and type of ‘‘§ 607. Quantification requirements (3) RECORDKEEPING REQUIREMENT.—Para- small entities to which the proposed rule ‘‘In complying with sections 603 and 604, an graph (8) of section 601 of title 5, United will apply; agency shall provide— States Code, is amended to read as follows: ‘‘(4) describing the projected reporting, ‘‘(1) a quantifiable or numerical descrip- ‘‘(8) RECORDKEEPING REQUIREMENT.—The recordkeeping, and other compliance re- tion of the effects of the proposed or final term ‘recordkeeping requirement’ has the quirements of the proposed rule, including rule and alternatives to the proposed or final meaning given such term in section 3502(13) an estimate of the classes of small entities rule; or of title 44.’’. which will be subject to the requirement and ‘‘(2) a more general descriptive statement (g) DEFINITION OF SMALL ORGANIZATION.— the type of professional skills necessary for and a detailed statement explaining why Paragraph (4) of section 601 of title 5, United preparation of the report and record; quantification is not practicable or reli- States Code, is amended to read as follows: ‘‘(5) describing all relevant Federal rules able.’’. ‘‘(4) SMALL ORGANIZATION.— which may duplicate, overlap, or conflict SEC. 305. REPEAL OF WAIVER AND DELAY AU- ‘‘(A) IN GENERAL.—The term ‘small organi- with the proposed rule, or the reasons why THORITY; ADDITIONAL POWERS OF zation’ means any not-for-profit enterprise such a description could not be provided; THE CHIEF COUNSEL FOR ADVO- which, as of the issuance of the notice of pro- ‘‘(6) estimating the additional cumulative CACY. posed rulemaking— economic impact of the proposed rule on (a) IN GENERAL.—Section 608 of title 5, ‘‘(i) in the case of an enterprise which is small entities beyond that already imposed United States Code, is amended to read as described by a classification code of the on the class of small entities by the agency follows: North American Industrial Classification or why such an estimate is not available; ‘‘§ 608. Additional powers of Chief Counsel for System, does not exceed the size standard es- ‘‘(7) describing any disproportionate eco- Advocacy tablished by the Administrator of the Small nomic impact on small entities or a specific ‘‘(a)(1) Not later than 270 days after the Business Administration pursuant to section class of small entities; and date of the enactment of this section, the 3 of the Small Business Act (15 U.S.C. 632) for ‘‘(8) describing any impairment of the abil- Chief Counsel for Advocacy of the Small small business concerns described by such ity of small entities to have access to cred- Business Administration shall, after oppor- classification code; and it.’’. tunity for notice and comment under section ‘‘(ii) in the case of any other enterprise, (b) FINAL REGULATORY FLEXIBILITY ANAL- 553, issue rules governing agency compliance has a net worth that does not exceed $7 mil- YSIS.— with this chapter. The Chief Counsel may lion and has not more than 500 employees. (1) IN GENERAL.—Section 604(a) of title 5, modify or amend such rules after notice and ‘‘(B) LOCAL LABOR ORGANIZATIONS.—In the United States Code, is amended— comment under section 553. This chapter case of any local labor organization, sub- (A) in paragraph (4), by striking ‘‘an expla- (other than this subsection) shall not apply paragraph (A) shall be applied without re- nation’’ and inserting ‘‘a detailed expla- with respect to the issuance, modification, gard to any national or international organi- nation’’; and amendment of rules under this para- zation of which such local labor organization (B) in each of paragraphs (4), (5), and the graph. is a part. first paragraph (6), by inserting ‘‘detailed’’ ‘‘(2) An agency shall not issue rules which ‘‘(C) AGENCY DEFINITIONS.—Subparagraphs before ‘‘description’’; supplement the rules issued under subsection (A) and (B) shall not apply to the extent that (C) in the first paragraph (6), by striking ‘‘; (a) unless such agency has first consulted an agency, after consultation with the Office and’’ at the end; with the Chief Counsel for Advocacy to en- of Advocacy of the Small Business Adminis- (D) in the second paragraph (6), by striking sure that such supplemental rules comply tration and after opportunity for public com- the period and inserting ‘‘; and’’; with this chapter and the rules issued under ment, establishes one or more definitions for (E) by redesignating the second paragraph paragraph (1). such term which are appropriate to the ac- (6) as paragraph (7); and ‘‘(b) Notwithstanding any other law, the tivities of the agency and publishes such (F) by adding at the end the following: Chief Counsel for Advocacy of the Small definitions in the Federal Register.’’. ‘‘(8) a detailed description of any dis- Business Administration may intervene in SEC. 303. EXPANSION OF REPORT OF REGU- proportionate economic impact on small en- any agency adjudication (unless such agency LATORY AGENDA. tities or a specific class of small entities.’’. is authorized to impose a fine or penalty Section 602 of title 5, United States Code, (2) INCLUSION OF RESPONSE TO COMMENTS ON under such adjudication), and may inform is amended— CERTIFICATION OF PROPOSED RULE.—Para- the agency of the impact that any decision (1) in subsection (a)— graph (2) of section 604(a) of title 5, United on the record may have on small entities. (A) in paragraph (2), by striking ‘‘, and’’ at States Code, is amended by inserting ‘‘(or The Chief Counsel shall not initiate an ap- the end and inserting ‘‘;’’; certification of the proposed rule under sec- peal with respect to any adjudication in

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H341 which the Chief Counsel intervenes under sion of any alternatives that will minimize section within 10 years after the publication this subsection. adverse significant economic impacts or of the final rule in the Federal Register. If ‘‘(c) The Chief Counsel for Advocacy may maximize beneficial significant economic the head of the agency determines that com- file comments in response to any agency no- impacts on small entities. pletion of the review of existing rules is not tice requesting comment, regardless of ‘‘(3) Such report shall become part of the feasible by the established date, the head of whether the agency is required to file a gen- rulemaking record. In the publication of the the agency shall so certify in a statement eral notice of proposed rulemaking under proposed rule, the agency shall explain what published in the Federal Register and may section 553.’’. actions, if any, the agency took in response extend the review for not longer than 2 years (b) CONFORMING AMENDMENTS.— to such report. after publication of notice of extension in (1) Section 611(a)(1) of such title is amend- ‘‘(e) A proposed rule is described by this the Federal Register. Such certification and ed by striking ‘‘608(b),’’. subsection if the Administrator of the Office notice shall be sent to the Chief Counsel for (2) Section 611(a)(2) of such title is amend- of Information and Regulatory Affairs of the Advocacy of the Small Business Administra- ed by striking ‘‘608(b),’’. Office of Management and Budget, the head tion and the Congress. (3) Section 611(a)(3) of such title is amend- of the agency (or the delegatee of the head of ‘‘(c) The plan shall include a section that ed— the agency), or an independent regulatory details how an agency will conduct outreach (A) by striking subparagraph (B); and agency determines that the proposed rule is to and meaningfully include small businesses (B) by striking ‘‘(3)(A) A small entity’’ and likely to result in— (including small business concerns owned inserting the following: ‘‘(1) an annual effect on the economy of and controlled by women, small business ‘‘(3) A small entity’’. $100 million or more; concerns owned and controlled by veterans, and small business concerns owned and con- SEC. 306. PROCEDURES FOR GATHERING COM- ‘‘(2) a major increase in costs or prices for trolled by socially and economically dis- MENTS. consumers, individual industries, Federal, advantaged individuals (as such terms are Section 609 of title 5, United States Code, State, or local governments, tribal organiza- defined in the Small Business Act)) for the is amended by striking subsection (b) and all tions, or geographic regions; purposes of carrying out this section. The that follows through the end of the section ‘‘(3) significant adverse effects on competi- agency shall include in this section a plan and inserting the following: tion, employment, investment, productivity, ‘‘(b)(1) Prior to publication of any proposed for how the agency will contact small busi- innovation, or on the ability of United nesses and gather their input on existing rule described in subsection (e), an agency States-based enterprises to compete with making such rule shall notify the Chief agency rules. foreign-based enterprises in domestic and ex- ‘‘(d) Each agency shall annually submit a Counsel for Advocacy of the Small Business port markets; or report regarding the results of its review Administration and provide the Chief Coun- ‘‘(4) a significant economic impact on a pursuant to such plan to the Congress, the sel with— substantial number of small entities. Chief Counsel for Advocacy of the Small ‘‘(A) all materials prepared or utilized by ‘‘(f) Upon application by the agency, the Business Administration, and, in the case of the agency in making the proposed rule, in- Chief Counsel for Advocacy of the Small agencies other than independent regulatory cluding the draft of the proposed rule; and Business Administration may waive the re- agencies (as defined in section 3502(5) of title ‘‘(B) information on the potential adverse quirements of subsections (b) through (e) if 44) to the Administrator of the Office of In- and beneficial economic impacts of the pro- the Chief Counsel determines that compli- formation and Regulatory Affairs of the Of- posed rule on small entities and the type of ance with the requirements of such sub- fice of Management and Budget. Such report small entities that might be affected. sections are impracticable, unnecessary, or shall include the identification of any rule ‘‘(2) An agency shall not be required under contrary to the public interest. with respect to which the head of the agency paragraph (1) to provide the exact language ‘‘(g) A small entity or a representative of a made a determination described in para- of any draft if the rule— small entity may submit a request that the graph (5) or (6) of subsection (e) and a de- ‘‘(A) relates to the internal revenue laws of agency provide a copy of the report prepared tailed explanation of the reasons for such de- the United States; or under subsection (d) and all materials and termination. ‘‘(B) is proposed by an independent regu- information provided to the Chief Counsel ‘‘(e) In reviewing a rule pursuant to sub- latory agency (as defined in section 3502(5) of for Advocacy of the Small Business Adminis- sections (a) through (d), the agency shall title 44). tration under subsection (b). The agency re- amend or rescind the rule to minimize any ‘‘(c) Not later than 15 days after the re- ceiving such request shall provide the report, adverse significant economic impact on a ceipt of such materials and information materials and information to the requesting substantial number of small entities or dis- under subsection (b), the Chief Counsel for small entity or representative of a small en- proportionate economic impact on a specific Advocacy of the Small Business Administra- tity not later than 10 business days after re- class of small entities, or maximize any ben- tion shall— ceiving such request, except that the agency eficial significant economic impact of the ‘‘(1) identify small entities or representa- shall not disclose any information that is rule on a substantial number of small enti- tives of small entities or a combination of prohibited from disclosure to the public pur- ties to the greatest extent possible, con- both for the purpose of obtaining advice, suant to section 552(b) of this title.’’. sistent with the stated objectives of applica- input, and recommendations from those per- ble statutes. In amending or rescinding the SEC. 307. PERIODIC REVIEW OF RULES. sons about the potential economic impacts rule, the agency shall consider the following Section 610 of title 5, United States Code, of the proposed rule and the compliance of factors: is amended to read as follows: the agency with section 603; and ‘‘(1) The continued need for the rule. ‘‘(2) convene a review panel consisting of ‘‘§ 610. Periodic review of rules ‘‘(2) The nature of complaints received by an employee from the Office of Advocacy of ‘‘(a) Not later than 180 days after the en- the agency from small entities concerning the Small Business Administration, an em- actment of this section, each agency shall the rule. ployee from the agency making the rule, and publish in the Federal Register and place on ‘‘(3) Comments by the Regulatory Enforce- in the case of an agency other than an inde- its website a plan for the periodic review of ment Ombudsman and the Chief Counsel for pendent regulatory agency (as defined in sec- rules issued by the agency which the head of Advocacy of the Small Business Administra- tion 3502(5) of title 44), an employee from the the agency determines have a significant tion. Office of Information and Regulatory Affairs economic impact on a substantial number of ‘‘(4) The complexity of the rule. of the Office of Management and Budget to small entities. Such determination shall be ‘‘(5) The extent to which the rule overlaps, review the materials and information pro- made without regard to whether the agency duplicates, or conflicts with other Federal vided to the Chief Counsel under subsection performed an analysis under section 604. The rules and, unless the head of the agency de- (b). purpose of the review shall be to determine termines it to be infeasible, State, terri- ‘‘(d)(1) Not later than 60 days after the re- whether such rules should be continued with- torial, and local rules. view panel described in subsection (c)(2) is out change, or should be amended or re- ‘‘(6) The contribution of the rule to the cu- convened, the Chief Counsel for Advocacy of scinded, consistent with the stated objec- mulative economic impact of all Federal the Small Business Administration shall, tives of applicable statutes, to minimize any rules on the class of small entities affected after consultation with the members of such adverse significant economic impacts or by the rule, unless the head of the agency de- panel, submit a report to the agency and, in maximize any beneficial significant eco- termines that such calculations cannot be the case of an agency other than an inde- nomic impacts on a substantial number of made and reports that determination in the pendent regulatory agency (as defined in sec- small entities. Such plan may be amended by annual report required under subsection (d). tion 3502(5) of title 44), the Office of Informa- the agency at any time by publishing the re- ‘‘(7) The length of time since the rule has tion and Regulatory Affairs of the Office of vision in the Federal Register and subse- been evaluated or the degree to which tech- Management and Budget. quently placing the amended plan on the nology, economic conditions, or other fac- ‘‘(2) Such report shall include an assess- agency’s website. tors have changed in the area affected by the ment of the economic impact of the proposed ‘‘(b) The plan shall provide for the review rule. rule on small entities, including an assess- of all such agency rules existing on the date ‘‘(f) Each year, each agency shall publish ment of the proposed rule’s impact on the of the enactment of this section within 10 in the Federal Register and on its website a cost that small entities pay for energy, an years of the date of publication of the plan in list of rules to be reviewed pursuant to such assessment of the proposed rule’s impact on the Federal Register and for review of rules plan. The agency shall include in the publi- startup costs for small entities, and a discus- adopted after the date of enactment of this cation a solicitation of public comments on

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H342 CONGRESSIONAL RECORD — HOUSE January 11, 2017 any further inclusions or exclusions of rules ‘‘(ii) the Chief Counsel for Advocacy may (3) by striking ‘‘(A) any’’ and inserting ‘‘(1) from the list, and shall respond to such com- specify such definitions or standards for pur- any’’; ments. Such publication shall include a brief poses of any other Act.’’. (4) by striking ‘‘(B) any’’ and inserting ‘‘(2) description of the rule, the reason why the (b) APPROVAL BY CHIEF COUNSEL.—Clause any’’; and agency determined that it has a significant (iii) of section 3(a)(2)(C) of the Small Busi- (5) by striking ‘‘(C) advice’’ and inserting economic impact on a substantial number of ness Act (15 U.S.C. 632(a)(2)(C)(iii)) is amend- ‘‘(3) advice’’. small entities (without regard to whether it ed to read as follows: SEC. 312. AGENCY PREPARATION OF GUIDES. had prepared a final regulatory flexibility ‘‘(iii) except in the case of a size standard Section 212(a)(5) the Small Business Regu- analysis for the rule), and request comments prescribed by the Administrator, is approved latory Enforcement Fairness Act of 1996 (5 from the public, the Chief Counsel for Advo- by the Chief Counsel for Advocacy.’’. U.S.C. 601 note) is amended to read as fol- cacy of the Small Business Administration, (c) INDUSTRY VARIATION.—Paragraph (3) of lows: and the Regulatory Enforcement Ombuds- section 3(a) of the Small Business Act (15 ‘‘(5) AGENCY PREPARATION OF GUIDES.—The man concerning the enforcement of the U.S.C. 632(a)(3)) is amended— rule.’’. agency shall, in its sole discretion, taking (1) by inserting ‘‘or Chief Counsel for Advo- into account the subject matter of the rule SEC. 308. JUDICIAL REVIEW OF COMPLIANCE cacy, as appropriate’’ before ‘‘shall ensure’’; and the language of relevant statutes, ensure WITH THE REQUIREMENTS OF THE and REGULATORY FLEXIBILITY ACT that the guide is written using sufficiently (2) by inserting ‘‘or Chief Counsel for Advo- plain language likely to be understood by af- AVAILABLE AFTER PUBLICATION OF cacy’’ before the period at the end. THE FINAL RULE. fected small entities. Agencies may prepare (d) JUDICIAL REVIEW OF SIZE STANDARDS (a) IN GENERAL.—Paragraph (1) of section separate guides covering groups or classes of 611(a) of title 5, United States Code, is APPROVED BY CHIEF COUNSEL.—Section 3(a) similarly affected small entities and may co- amended by striking ‘‘final agency action’’ of the Small Business Act (15 U.S.C. 632(a)) is operate with associations of small entities to and inserting ‘‘such rule’’. amended by adding at the end the following distribute such guides. In developing guides, (b) JURISDICTION.—Paragraph (2) of such new paragraph: agencies shall solicit input from affected section is amended by inserting ‘‘(or which ‘‘(9) JUDICIAL REVIEW OF STANDARDS AP- small entities or associations of affected would have such jurisdiction if publication PROVED BY CHIEF COUNSEL.—In the case of an small entities. An agency may prepare of the final rule constituted final agency ac- action for judicial review of a rule which in- guides and apply this section with respect to tion)’’ after ‘‘provision of law,’’. cludes a definition or standard approved by a rule or a group of related rules.’’. (c) TIME FOR BRINGING ACTION.—Paragraph the Chief Counsel for Advocacy under this (3) of such section is amended— subsection, the party seeking such review SEC. 313. COMPTROLLER GENERAL REPORT. (1) by striking ‘‘final agency action’’ and shall be entitled to join the Chief Counsel as Not later than 90 days after the date of en- inserting ‘‘publication of the final rule’’; and a party in such action.’’. actment of this title, the Comptroller Gen- (2) by inserting ‘‘, in the case of a rule for SEC. 311. CLERICAL AMENDMENTS. eral of the United States shall complete and publish a study that examines whether the which the date of final agency action is the (a) DEFINITIONS.—Section 601 of title 5, same date as the publication of the final United States Code, is amended— Chief Counsel for Advocacy of the Small rule,’’ after ‘‘except that’’. (1) in paragraph (1)— Business Administration has the capacity (d) INTERVENTION BY CHIEF COUNSEL FOR (A) by striking the semicolon at the end and resources to carry out the duties of the ADVOCACY.—Subsection (b) of section 612 of and inserting a period; and Chief Counsel under this title and the title 5, United States Code, is amended by in- (B) by striking ‘‘(1) the term’’ and insert- amendments made by this title. serting before the first period ‘‘or agency ing the following: TITLE IV—REQUIRE EVALUATION BEFORE compliance with section 601, 603, 604, 605(b), ‘‘(1) AGENCY.—The term’’; IMPLEMENTING EXECUTIVE WISHLISTS 609, or 610’’. (2) in paragraph (3)— ACT SEC. 309. JURISDICTION OF COURT OF APPEALS (A) by striking the semicolon at the end SEC. 401. SHORT TITLE. OVER RULES IMPLEMENTING THE and inserting a period; and This title may be cited as the ‘‘Require REGULATORY FLEXIBILITY ACT. (B) by striking ‘‘(3) the term’’ and insert- (a) IN GENERAL.—Section 2342 of title 28, Evaluation before Implementing Executive ing the following: United States Code, is amended— Wishlists Act’’ or as the ‘‘REVIEW Act’’. ‘‘(3) SMALL BUSINESS.—The term’’; (1) in paragraph (6), by striking ‘‘and’’ at (3) in paragraph (5)— SEC. 402. RELIEF PENDING REVIEW. the end; (A) by striking the semicolon at the end Section 705 of title 5, United States Code, (2) in paragraph (7), by striking the period and inserting a period; and is amended— at the end and inserting ‘‘; and’’; and (B) by striking ‘‘(5) the term’’ and insert- (1) by striking ‘‘When’’ and inserting the (3) by inserting after paragraph (7) the fol- ing the following: following: lowing new paragraph: ‘‘(5) SMALL GOVERNMENTAL JURISDICTION.— ‘‘(a) IN GENERAL.—When’’; and ‘‘(8) all final rules under section 608(a) of The term’’; and (2) by adding at the end the following: title 5.’’. (4) in paragraph (6)— ‘‘(b) HIGH-IMPACT RULES.— (b) CONFORMING AMENDMENTS.—Paragraph (3) of section 2341 of title 28, United States (A) by striking ‘‘; and’’ and inserting a pe- ‘‘(1) DEFINITIONS.—In this subsection— Code, is amended— riod; and ‘‘(A) the term ‘Administrator’ means the (1) in subparagraph (D), by striking ‘‘and’’ (B) by striking ‘‘(6) the term’’ and insert- Administrator of the Office of Information at the end; ing the following: and Regulatory Affairs of the Office of Man- (2) in subparagraph (E), by striking the pe- ‘‘(6) SMALL ENTITY.—The term’’. agement and Budget; and riod at the end and inserting ‘‘; and’’; and (b) INCORPORATIONS BY REFERENCE AND ‘‘(B) the term ‘high-impact rule’ means (3) by adding at the end the following new CERTIFICATIONS.—The heading of section 605 any rule that the Administrator determines subparagraph: of title 5, United States Code, is amended to may impose an annual cost on the economy ‘‘(F) the Office of Advocacy of the Small read as follows: of not less than $1,000,000,000. Business Administration, when the final rule ‘‘§ 605. Incorporations by reference and cer- ‘‘(2) IDENTIFICATION.—A final rule may not is under section 608(a) of title 5.’’. tifications’’. be published or take effect until the agency making the rule submits the rule to the Ad- (c) AUTHORIZATION TO INTERVENE AND COM- (c) TABLE OF SECTIONS.—The table of sec- ministrator and the Administrator makes a MENT ON AGENCY COMPLIANCE WITH ADMINIS- tions for chapter 6 of title 5, United States determination as to whether the rule is a TRATIVE PROCEDURE.—Subsection (b) of sec- Code, is amended as follows: high-impact rule, which shall be published tion 612 of title 5, United States Code, is (1) By striking the item relating to section by the agency with the final rule. amended by inserting ‘‘chapter 5, and chap- 605 and inserting the following new item: ter 7,’’ after ‘‘this chapter,’’. ‘‘(3) RELIEF.— ‘‘605. Incorporations by reference and certifi- ‘‘(A) IN GENERAL.—Except as provided in SEC. 310. ESTABLISHMENT AND APPROVAL OF cations.’’. SMALL BUSINESS CONCERN SIZE subparagraph (B), an agency shall postpone STANDARDS BY CHIEF COUNSEL (2) By striking the item relating to section the effective date of a high-impact rule of FOR ADVOCACY. 607 and inserting the following new item: the agency until the final disposition of all (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘607. Quantification requirements.’’. actions seeking judicial review of the rule. tion 3(a)(2) of the Small Business Act (15 ‘‘(B) FAILURE TO TIMELY SEEK JUDICIAL RE- (3) By striking the item relating to section U.S.C. 632(a)(2)(A)) is amended to read as fol- VIEW.—Notwithstanding section 553(i), if no 608 and inserting the following: lows: person seeks judicial review of a high-impact ‘‘(A) IN GENERAL.—In addition to the cri- ‘‘608. Additional powers of Chief Counsel for rule— teria specified in paragraph (1)— Advocacy.’’. ‘‘(i) during any period explicitly provided ‘‘(i) the Administrator may specify de- (d) OTHER CLERICAL AMENDMENTS TO CHAP- for judicial review under the statute author- tailed definitions or standards by which a TER 6.—Chapter 6 of title 5, United States izing the making of the rule; or business concern may be determined to be a Code, is amended in section 603(d)— ‘‘(ii) if no such period is explicitly provided small business concern for purposes of this (1) by striking paragraph (2); for, during the 60-day period beginning on Act or the Small Business Investment Act of (2) by striking ‘‘(1) For a covered agency,’’ the date on which the high-impact rule is 1958; and and inserting ‘‘For a covered agency,’’; published in the Federal Register,

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H343 the high-impact rule may take effect as ‘‘(vii) $10,000,000,000 or more; and approval was introduced in either the House early as the date on which the applicable pe- ‘‘(C) any estimate of the economic effects of Representatives or the Senate under sec- riod ends. of the rule, including the imposition of un- tion 802. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in funded mandates and any estimate of the net ‘‘SEC. 653. REQUIREMENT FOR RULES TO APPEAR this subsection may be construed to impose effect that the rule will have on the number IN AGENCY-SPECIFIC MONTHLY any limitation under law on any court of jobs in the United States, that was consid- PUBLICATION. against the issuance of any order enjoining ered in drafting the rule, or, if no such esti- ‘‘(a) IN GENERAL.—Subject to subsection the implementation of any rule.’’. mate is available, a statement affirming (b), a rule may not take effect until the in- TITLE V—ALL ECONOMIC REGULATIONS that no information on the economic effects, formation required to be made publicly ARE TRANSPARENT ACT including the effect on the number of jobs, of available on the Internet regarding such rule the rule has been considered. pursuant to section 652(a) has been so avail- SEC. 501. SHORT TITLE. able for not less than 6 months. This title may be cited as the ‘‘All Eco- ‘‘SEC. 652. OFFICE OF INFORMATION AND REGU- LATORY AFFAIRS PUBLICATIONS. ‘‘(b) EXCEPTIONS.—The requirement of sub- nomic Regulations are Transparent Act’’ or ‘‘(a) AGENCY-SPECIFIC INFORMATION PUB- section (a) shall not apply in the case of a the ‘‘ALERT Act’’. LISHED MONTHLY.—Not later than 30 days rule— SEC. 502. OFFICE OF INFORMATION AND REGU- after the submission of information pursuant ‘‘(1) for which the agency issuing the rule LATORY AFFAIRS PUBLICATION OF to section 651, the Administrator shall make claims an exception under section INFORMATION RELATING TO RULES. such information publicly available on the 553(g)(2)(A); or (a) AMENDMENT.—Title 5, United States Internet. ‘‘(2) which the President determines by Ex- Code, is amended by inserting after chapter ‘‘(b) CUMULATIVE ASSESSMENT OF AGENCY ecutive order should take effect because the 6, the following new chapter: RULE MAKING PUBLISHED ANNUALLY.— rule is— ‘‘CHAPTER 6A—OFFICE OF INFORMATION ‘‘(1) PUBLICATION IN THE FEDERAL REG- ‘‘(A) necessary because of an imminent AND REGULATORY AFFAIRS PUBLICA- ISTER.—Not later than October 1 of each threat to health or safety or other emer- TION OF INFORMATION RELATING TO year, the Administrator shall publish in the gency; RULES Federal Register the following, with respect ‘‘(B) necessary for the enforcement of ‘‘Sec. 651. Agency monthly submission to of- to the previous year: criminal laws; fice of information and regu- ‘‘(A) The information that the Adminis- ‘‘(C) necessary for national security; or latory affairs. trator received from the head of each agency ‘‘(D) issued pursuant to any statute imple- ‘‘Sec. 652. Office of information and regu- under section 651. menting an international trade agreement. latory affairs publications. ‘‘(B) The number of rules and a list of each ‘‘SEC. 654. DEFINITIONS. ‘‘Sec. 653. Requirement for rules to appear such rule— ‘‘In this chapter, the terms ‘agency’, ‘agen- in agency-specific monthly pub- ‘‘(i) that was proposed by each agency, in- cy action’, ‘rule’, and ‘rule making’ have the lication. cluding, for each such rule, an indication of meanings given those terms in section 551, ‘‘Sec. 654. Definitions. whether the issuing agency conducted an and the term ‘unfunded mandate’ has the ‘‘SEC. 651. AGENCY MONTHLY SUBMISSION TO OF- analysis of the costs or benefits of the rule; meaning given the term ‘Federal mandate’ FICE OF INFORMATION AND REGU- and in section 421(6) of the Congressional Budget LATORY AFFAIRS. ‘‘(ii) that was finalized by each agency, in- Act of 1974 (2 U.S.C. 658(6)).’’. ‘‘On a monthly basis, the head of each cluding for each such rule an indication of (b) TECHNICAL AND CONFORMING AMEND- agency shall submit to the Administrator of whether— MENT.—The table of chapters for part I of the Office of Information and Regulatory Af- ‘‘(I) the issuing agency conducted an anal- title 5, United States Code, is amended by in- fairs (referred to in this chapter as the ‘Ad- ysis of the costs or benefits of the rule; serting after the item relating to chapter 5, ministrator’), in such a manner as the Ad- ‘‘(II) the agency claimed an exemption the following: ministrator may reasonably require, the fol- from the procedures under section 553 pursu- ‘‘6. The Analysis of Regulatory lowing information: ant to section 553(g)(2)(A); and Functions ...... 601 ‘‘(1) For each rule that the agency expects ‘‘(III) the rule was issued pursuant to a ‘‘6A. Office of Information and Regu- to propose or finalize during the 12-month statutory mandate or the rule making is latory Affairs Publication of In- period following the month covered by the committed to agency discretion by law. formation Relating to Rules ...... 651’’. monthly submission: ‘‘(C) The number of agency actions and a ‘‘(A) A summary of the nature of the rule, list of each such action taken by each agen- (c) EFFECTIVE DATES.— including the regulation identifier number cy that— (1) AGENCY MONTHLY SUBMISSION TO THE OF- and the docket number for the rule. ‘‘(i) repealed a rule; FICE OF INFORMATION AND REGULATORY AF- ‘‘(B) The objectives of and legal basis for ‘‘(ii) reduced the scope of a rule; FAIRS.—The first submission required pursu- the issuance of the rule, including— ‘‘(iii) reduced the cost of a rule; or ant to section 651 of title 5, United States ‘‘(i) any statutory or judicial deadline; and ‘‘(iv) accelerated the expiration date of a Code, as added by subsection (a), shall be ‘‘(ii) whether the legal basis restricts or rule. submitted not later than 30 days after the precludes the agency from conducting an ‘‘(D) The total cost (without reducing the date of the enactment of this title, and analysis of the costs or benefits of the rule cost by any offsetting benefits) of all rules monthly thereafter. during the rule making, and if not, whether proposed or finalized, the total cost of any (2) CUMULATIVE ASSESSMENT OF AGENCY the agency plans to conduct an analysis of unfunded mandates imposed by all such RULE MAKING.— the costs or benefits of the rule during the rules, and the number of rules for which an (A) IN GENERAL.—Subsection (b) of section rule making. estimate of the cost of the rule was not 652 of title 5, United States Code, as added by ‘‘(C) Whether the agency plans to claim an available. subsection (a), shall take effect on the date exemption from the requirements of section ‘‘(2) PUBLICATION ON THE INTERNET.—Not that is 60 days after the date of the enact- 553 pursuant to section 553(g)(2)(A). later than October 1 of each year, the Ad- ment of this title. ‘‘(D) The stage of the rule making as of the ministrator shall make publicly available on (B) DEADLINE.—The first requirement to date of submission. the Internet the following: publish or make available, as the case may ‘‘(E) Whether the rule is subject to review ‘‘(A) The analysis of the costs or benefits, be, under subsection (b) of section 652 of title under section 610. if conducted, for each proposed rule or final 5, United States Code, as added by subsection ‘‘(2) For any rule for which the agency ex- rule issued by an agency for the previous (a), shall be the first October 1 after the ef- pects to finalize during the 12-month period year. fective date of such subsection. following the month covered by the monthly ‘‘(B) The docket number and regulation (C) FIRST PUBLICATION.—The requirement submission and has issued a general notice of identifier number for each proposed or final under section 652(b)(2)(A) of title 5, United proposed rule making— rule issued by an agency for the previous States Code, as added by subsection (a), shall ‘‘(A) an approximate schedule for com- year. include for the first publication, any anal- pleting action on the rule; ‘‘(C) The number of rules and a list of each ysis of the costs or benefits conducted for a ‘‘(B) an estimate of whether the rule will such rule reviewed by the Director of the Of- proposed or final rule, for the 10 years before cost— fice of Management and Budget for the pre- the date of the enactment of this title. ‘‘(i) less than $50,000,000; vious year, and the authority under which (3) REQUIREMENT FOR RULES TO APPEAR IN ‘‘(ii) $50,000,000 or more but less than each such review was conducted. AGENCY-SPECIFIC MONTHLY PUBLICATION.—Sec- $100,000,000; ‘‘(D) The number of rules and a list of each tion 653 of title 5, United States Code, as ‘‘(iii) $100,000,000 or more but less than such rule for which the head of an agency added by subsection (a), shall take effect on $500,000,000; completed a review under section 610 for the the date that is 8 months after the date of ‘‘(iv) $500,000,000 or more but less than previous year. the enactment of this title. $1,000,000,000; ‘‘(E) The number of rules and a list of each TITLE VI—PROVIDING ACCOUNTABILITY ‘‘(v) $1,000,000,000 or more but less than such rule submitted to the Comptroller Gen- THROUGH TRANSPARENCY ACT $5,000,000,000; eral under section 801. SEC. 601. SHORT TITLE. ‘‘(vi) $5,000,000,000 or more but less than ‘‘(F) The number of rules and a list of each This title may be cited as the ‘‘Providing $10,000,000,000; or such rule for which a resolution of dis- Accountability Through Transparency Act’’.

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.016 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H344 CONGRESSIONAL RECORD — HOUSE January 11, 2017 SEC. 602. REQUIREMENT TO POST A 100 WORD that is language to check the potential by a Republican incoming President. SUMMARY TO REGULATIONS.GOV. that once they are restored—the full But you can bet it will be one who has Section 553(d)(1) of title 5, United States Code, as inserted by section 103(b) of this interpretive powers that rightfully be- corporate interests at heart instead of Act, is amended— long to them—our Article III courts that of middle class and working peo- (1) in subparagraph (G)(iv) by striking ‘‘; will not engage in judicial activism. ple and regular, ordinary people. You and’’ and inserting ‘‘;’’; To put a point on it, judges must not can bet that that Supreme Court rep- (2) in subparagraph (H)(ii), by striking the be allowed to use the Separation of resentative will be ready to do away period at the end and inserting ‘‘; and’’; and Powers Act as a license to interpret with the Chevron doctrine and comply (3) by inserting after subparagraph (H) the ambiguous statutes always to expand with this legislative mandate, which is following: agency power. My amendment, there- open season on regulations, allowing ‘‘(I) the internet address of a summary of fore, succinctly but powerfully pro- not more than 100 words in length of the pro- the Federal judiciary to impose its po- posed rule, in plain language, that shall be vides just that. It prohibits courts from litical beliefs on regulations. posted on the internet website under section reading ambiguities in statutes to con- So that is going to be bad for Amer- 206(d) of the E–Government Act of 2002 (44 tain implicit delegation of legislative ica. Generalist courts, which are con- U.S.C. 3501 note) (commonly known as regu- rulemaking authority to agencies or stitutionally insulated from political lations.gov).’’. from reading those ambiguities expan- accountability, should not have the The Acting CHAIR. No amendment sively to extend agency power. power to second-guess agency experts to the bill shall be in order except Although it failed in its task, the concerning the appropriateness of high- those printed in part A of House Report Chevron doctrine was originally craft- ly technical regulations crucial to pro- 115–2. Each such amendment may be of- ed to help check that kind of judicial tecting the health and safety of mil- fered only in the order printed in the activism. As we end the failed Chevron lions of Americans. report, by a Member designated in the experiment, we should make sure we do Moreover, this doctrine promotes report, shall be considered read, shall not go back to judicial activism. I urge predictability for businesses and the be debatable for the time specified in my colleagues to support this amend- public. Professor Levin notes that ‘‘be- the report, equally divided and con- ment. cause citizens can put some confidence trolled by the proponent and an oppo- Mr. Chairman, I reserve the balance in the expectation that decisions by a nent, shall not be subject to amend- of my time. centralized agency will not be readily ment, and shall not be subject to a de- Mr. JOHNSON of Georgia. Mr. Chair, overturned by a variety of courts in mand for division of the question. I rise in opposition to this amendment. different parts of the country,’’ that AMENDMENT NO. 1 OFFERED BY MR. GOODLATTE The Acting CHAIR. The gentleman is contributes to predictability. The Acting CHAIR. It is now in order recognized for 5 minutes. Mr. JOHNSON of Georgia. Mr. Chair, to consider amendment No. 1 printed in b 1515 part A of House Report 115–2. to say that this amendment stops judi- Mr. GOODLATTE. Mr. Chair, I have cial activism is stretching things a lit- Title II of H.R. 5, however, would an amendment at the desk. tle bit, I believe. This opens the flood- upend this longstanding precedent by The Acting CHAIR. The Clerk will gates to judicial activism, the Good- abolishing the Chevron doctrine. designate the amendment. latte amendment, so that is why I op- This amendment further puts the The text of the amendment is as fol- pose the amendment. It revises title II thumb on the scale against lifesaving lows: of the bill to eliminate agencies’ ‘‘gap- protections by ensuring that prac- Page 39, line 3, insert after ‘‘made by agen- filling’’ authority when interpreting tically any statutory ambiguity will be cies.’’ the following: ‘‘If the reviewing court ambiguous statutes. resolved in favor of a regulated entity determines that a statutory or regulatory Judicial review of final agency action and against agency action, no matter provision relevant to its decision contains a is a hallmark of administrative law how important. gap or ambiguity, the court shall not inter- and is critical to ensuring that agency This amendment is also a solution in pret that gap or ambiguity as an implicit action does not harm or adversely af- delegation to the agency of legislative rule search of a problem. As Professor Levin making authority and shall not rely on such fect the public. But as the Supreme has testified, ‘‘the field of administra- gap or ambiguity as a justification either for Court held, in Chevron v. Natural Re- tive law has worked out a variety of interpreting agency authority expansively or sources Defense Council in 1984, review- political and judicial oversight mecha- for deferring to the agency’s interpretation ing courts may only invalidate an nisms to maintain a delicate balance of on the question of law.’’. agency action when it violates a con- power among the branches of govern- The Acting CHAIR. Pursuant to stitutional provision or when an agen- ment.’’ cy exceeds its statutory authority as House Resolution 33, the gentleman Any administrative action based on clearly expressed by Congress. from Virginia (Mr. GOODLATTE) and a an ambiguous statute could be chal- That is a clear rule that has worked Member opposed each will control 5 lenged by an affected party, and these fine for America for the last 30 years. minutes. checks already apply to judicial re- The Chair recognizes the gentleman Over that time, this seminal decision view. from Virginia. has required deference to the sub- Mr. GOODLATTE. Mr. Chairman, if stantive expertise and political ac- Finally, this measure would apply Congress is effectively to rein in the countability of Federal agencies be- equally to regulatory and deregulatory runaway administrative state, a cru- cause, after all, judges don’t have polit- actions. John Walke, the clean air di- cial part of the plan must be to over- ical accountability because they are rector and senior attorney for the Nat- turn, legislatively, the doctrines of ju- appointed for life. They are not elected ural Resources Defense Council warns dicial deference to agencies’ interpre- by the people. that if an ‘‘administration more ideo- tations of the statutes and regulations So this legislation is turning around logically opposed to regulation wishes they administer. These doctrines, this very fair and balanced court deci- to take advantage of the inevitable founded in the Supreme Court’s deci- sion and, instead, imposing a new vagueness, conflicts, and gaps in fed- sion in Chevron v. NRDC and Auer v. setup, one that invites judges—whom eral statutes, it may adopt the least Robbins, have, over the years, turned they appoint, by the way. They are the protective regulation permissible the courts far too much into a ones who have refused, for the last under a federal law.’’ rubberstamp rather than a vigorous year, to appoint or to consider the ap- Mr. Chair, because this is a bad check on the self-serving tendencies of pointment of a U.S. Supreme Court amendment, I ask that it be opposed. agencies to interpret the law to expand Justice so that they could get a Repub- Mr. Chairman, I yield back the bal- their own power. lican in the White House. ance of my time. Title II of the bill, the Separation of They did not want anybody other Mr. GOODLATTE. Mr. Chairman, I Powers Act, delivers this legislative re- than somebody made to order, and this include in the record a list of organiza- versal of Chevron and Auer. There is is what this legislation lays the tions supporting H.R. 5. one thing, though, that still needs to groundwork for is that new Supreme I urge my colleagues to support this be added to that portion of the bill; Court Justice who has yet to be named important amendment.

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AGRICULTURAL RETAILERS ASSOCIATION, affirming the importance of federalism and serious consideration is given for more prac- Washington, DC, January 11, 2017. respecting the rights of states. tical alternatives. For the construction in- TO ALL MEMBERS OF THE U.S. HOUSE OF President Obama underscored the impor- dustry, these regulations routinely translate REPRESENTATIVES: On behalf of the Agricul- tance of sound science in his Memorandum of into higher costs and are passed along to the tural Retailers Association (ABA), I am writ- March 2009. He also reaffirmed President consumer. ing to urge a vote in support of H.R. 5, the Clinton’s EO 12866 when he issued EO 13563. Ultimately, these costs impact our indus- ‘‘Regulatory Accountability Act’’ sponsored We understand that an amendment to H.R. try’s ability to expand and hire more work- by Representative Bob Goodlatte (R–VA). 5 will be offered on the floor by Rep. Peter- ers. It is particularly alarming that small This legislation includes a number of impor- son to prohibit agencies from using social businesses, which comprise the vast majority tant provisions designed to reform the Fed- media to sway public opinion in favor of a of the industry, are disproportionately af- eral rulemaking process. pending agency proposal. This amendment fected by this irresponsible approach to regu- All stakeholders have a right to fair, open, stems directly from EPA’s conduct in its lation. and transparent rulemaking that respects ‘waters of the US’ (WOTUS) rulemaking, Thank you for your attention on this im- the proper role of the states and the intent of conduct found unlawful by the General Ac- portant matter and we urge the House to Congress. For decades, there have been Exec- countability Office and scrupulously detailed pass the Regulatory Accountability Act of utive Orders issued from both Republican in a report released by the House Committee 2017. and Democrat Administrations highlighting on Oversight and Government Reform, Sincerely, the importance of an open, transparent, and ‘‘Politicization of the Waters of the United KRISTEN SWEARINGEN, fair regulatory process. H.R. 5 is an impor- States Rulemaking.’’ We strongly support Vice President of Legislative tant step forward in codifying the principles the Peterson amendment and urge all mem- & Political Affairs. that Presidents of both parties have issued bers to vote in favor of its adoption. in Executive Order 12004 (Issued in Match All stakeholders—farmers, ranchers, envi- THE ASSOCIATED GENERAL 1978), Executive Order 12291 (Issued in Feb- ronmentalists, academics, agency staff, and CONTRACTORS OF AMERICA, ruary 1981), Executive Order 12866 (Issued in the general public—have a right to a rule- Arlington, VA, January 10, 2017. September 1993), Executive Order 13132 making process that is fair, open, trans- Re Vote ‘‘YES’’ on the Regulatory Account- (Issued in August 1999), and Executive Order parent, respectful of the role of states in our ability Act of 2017, H.R. 5. 13563 (Issued in January 2011). Federal system, and faithful to the intent of Hon. PAUL RYAN, Some of the reforms in H.R. 5 include pro- Congress. H.R. 5 is an important step in codi- House of Representatives, visions such as requiring federal agencies to fying principles that Presidents of both par- Washington, DC. use less costly regulations, rather than more ties have enunciated for decades. This legis- DEAR REPRESENTATIVE RYAN: On behalf of costly proposals, to obtain a stated objec- lation deserves strong, bipartisan support. the Associated General Contractors of Amer- tive; requiring federal agencies to explain We urge all members to vote in favor of the ica (AGC) and its more than 26,000 commer- how their proposed regulations would impact Peterson amendment and to vote ‘‘Yes’’ on cial construction company members, I small business owners, their employees, and final passage of H.R. 5. strongly urge you to vote ‘‘YES’’ on the Reg- customers; prohibiting any new rules with a Sincerely, ulatory Accountability Act of 2017, H.R. 5. significant economic impact from taking ef- ZIPPY DUVALL, This legislation is critical to helping ensure fect until litigation against such proposal President. that regulations undergo thorough economic has been fully settled without impacting ex- analysis, are based in sound science and/or isting regulations; and requiring Federal ASSOCIATED BUILDERS AND substantial empirical data, and are trans- agencies to publish mandatory transparency CONTRACTORS, INC., parent with clear and feasible methods and goals. reports. Washington, DC, January 5, 2017. The current regulatory process allows fed- Rep. Collin Peterson (D–MN) plans to offer HOUSE OF REPRESENTATIVES, eral agencies to promulgate rules based on an amendment on the floor of the U.S. House Washington, DC. unconvincing, scant and—sometimes—just of Representatives to prohibit agencies from DEAR REPRESENTATIVE: On behalf of Asso- plain wrong evidence. For example, Pro- using social media to sway public opinion in ciated Builders and Contractors (ABC), a na- fessor David L. Sunding, Ph.D., Thomas J. favor of a pending agency proposal. This tional construction industry trade associa- tion with 70 chapters representing nearly Graff Chair of Natural Resource Economics common-sense amendment is necessary to at the University of California, Berkeley 21,000 members, I am writing in support of prevent actions taken by federal agencies found that the ‘‘errors, omissions, and lack the Regulatory Accountability Act of 2017 such as the U.S. Environmental Protection of transparency’’ in the Environmental Pro- (H.R. 5) introduced by Rep. Bob Goodlatte Agency (EPA) that the General Account- tection Agency’s economic analysis under- (R–VA). ABC supports this legislation, which ability Office (GAO) found took unlawful ac- lying its Waters of the Unites States would reform the Administrative Procedures tions during its ‘Waters of the United (WOTUS) rule to be ‘‘so severe as to render Act and strengthen existing checks on fed- States’’ (WOTUS) proposed rulemaking. ARA it virtually meaningless.’’ Yet, the EPA was urges all House members to vote in favor of eral agencies, allowing for more cost-effec- able to finalize that rule based on such the Peterson amendment and to vote ‘‘Yes’’ tive regulations through a more transparent flawed analysis. on final passage of H.R, 5. process. Federal agencies also write rules that are Sincerely, As builders of our communities and infra- not feasible for the construction industry to RICHARD D. GUPTON, structure, ABC members understand the follow. The Occupational Health and Safety Senior Vice President, value of standards and regulations based on Administration (OSHA) crystalline silica Public Policy & Counsel. solid evidence, with appropriate consider- rule, for instance, put forth a permissible ation paid to implementation costs and silica exposure limit that is beyond the ca- AMERICAN FARM BUREAU FEDERATION, input from affected businesses. ABC strongly pacity of existing dust filtration and re- Washington, DC, January 9, 2017. supports comprehensive regulatory reform moval technology. Despite this fact, OSHA HOUSE OF REPRESENTATIVES, which includes across-the-board require- finalized this rule and the construction in- Washington, DC. ments for departments and agencies to ap- dustry is left liable to implement. DEAR REP.: The House of Representatives propriately evaluate risks, weigh costs, and The Regulatory Accountability Act will will soon take up H.R. 5 for debate and a assess benefits of all regulations. H.R. 5 is an help hold federal agencies accountable to the vote. This measure contains a number of im- excellent step in regulatory reform as it en- facts throughout the rulemaking process. portant elements that are designed to im- sures more accountability from federal agen- Under this legislation, the public could chal- prove the Federal rulemaking process. Amer- cies and greater stakeholder transparency. lenge the underlying evidence agencies put ican Farm Bureau urges all members to vote Today, federal regulatory agencies wield forth to justify their rules. Such challenges in favor of this legislation. incredible power through rulemaking. They could occur through hearings before the For decades, presidents of both parties have grown adept at using procedural loop- agency and before courts, which generally have issued Executive Orders and Memo- holes in order to accomplish narrowly-fo- defer to any evidence put forth by federal randa underscoring the importance of a regu- cused goals. These agencies operate rel- agencies currently. As a result, agencies latory process that is open, transparent and atively unchecked and unsupervised, espe- would be incentivized to undertake more rig- fair: cially during the early stages of the regu- orous and realistic analyses, rather than risk President Carter stipulated in EO 12044 latory process. They often disregard and cir- delays as a result of relying on cherry-picked that regulations should not impose unneces- cumvent the will of Congress and the Amer- studies or self-serving, internal data. sary burdens on the economy. ican public by issuing regulations with poor The purpose of the bill is not partisan. President Reagan issued EO 12291 in Feb- or incomplete economic cost-benefit fore- Rather, it is to ensure that the regulations ruary 1981 to assure that least-cost alter- casting or other data analysis, instead of federal agencies put forth are feasible and natives would be used in regulatory decision- using the best and most accurate data that based in thorough economic analysis and making. could have created more practical, sustain- sound science. To do so, H.R. 5 allows for President Clinton affirmed that regula- able rules and regulations. greater transparency, more public participa- tions should maximize net benefits (EO 12866, Consequently, some regulations that have tion and needed objectivity in the rule- September 1993). Later in his Administra- limited or questionable benefit result in making process. As such, AGC again urges tion, President Clinton issued EO 13132 re- crippling costs for companies and often no you to for in favor of H.R. 5.

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Thank you for your consideration. NATIONAL ASSOCIATION impact of their regulations in their assess- Sincerely, OF REALTORS, ments of a regulation’s impact on small busi- JEFFREY D. SHOAF, Washington, DC, January 9, 2017. nesses. The bill also provides small business Senior Executive Director, Government Hon. PAUL RYAN, with expanded judicial review protections, Affairs. Speaker, House of Representatives, Washington, which helps ensure that small businesses DC. have their views heard during the federal BUSINESS ROUNDTABLE, Hon. NANCY PELOSI, rulemaking process, not after. January 6, 2017. Democratic Leader, House of Representatives, The legislation strengthens several other Re Support for H.R. 5—The Regulatory Ac- Washington, DC. aspects of the RFA—such as expanding the countability Act of 2017. DEAR SPEAKER RYAN AND DEMOCRATIC small business advocacy review panel proc- Hon. PAUL RYAN, LEADER PELOSI: On behalf of the 1.1 million ess to all agencies. Currently, the panels Speaker, House of Representatives, Washington, members of the National Association of RE- only apply to the Environmental Protection DC. ALTORS® (NAR), I urge the House to ap- Agency, the Occupational Safety and Health Hon. NANCY PELOSI, prove H.R. 5 (Goodlatte, R–VA; Peterson, D– Administration, and the Consumer Financial Minority Leader, House of Representatives, MN), the ‘‘Regulatory Accountability Act’’. Protection Bureau. These panels have proven Washington, DC. NAR believes that federal regulations to be an extremely effective mechanism in DEAR SPEAKER RYAN AND LEADER PELOSI: should be narrowly tailored, supported by helping agencies to understand how their On behalf of the CEO members of Business strong data and evidence, and impose the rules will affect small businesses, and help Roundtable, who lead major U.S. companies least costs possible on regulated stake- agencies identify less costly alternatives to with more than $6 trillion in annual reve- holders. regulations before proposing new rules. nues and nearly 15 million employees, I am The Regulatory Accountability Act em- Finally, H.R. 33 expands the standard for pleased to express our strong support for bodies these principles and will contribute to periodic review of rules by federal agencies H.R. 5, the Regulatory Accountability Act of a more transparent and accountable regu- and gives the U.S. Small Business Adminis- 2017, introduced by Judiciary Committee latory process by: tration’s Office of Advocacy increased input Chairman Bob Goodlatte. Increasing public participation in shaping into agency compliance with the RFA. These Business Roundtable CEOs have consist- the most-costly regulations at an earlier important protections are needed to prevent ently identified overly complex and burden- point in the rulemaking process; duplicative and outdated regulatory burdens some federal regulations as harmful to accel- Instructing agencies to choose the least as well as to address penalty structures that erating job creation, job retention and in- costly option that achieves congressional in- are too high for the small business sector. creased economic opportunity for American tent unless they can show a costlier option is NFIB supports H.R. 33 because it strength- workers and their families. We support a needed to protect health, safety, or welfare; ens the requirement for federal agencies to smarter approach to federal regulation that Requiring public hearings for the most- consider both the direct and indirect eco- would engage regulated parties earlier in the costly regulations; nomic impact of proposed regulations on process, improve the quality of information Improving the process for evaluating how small businesses. We look forward to work- used to make regulatory decisions and con- small businesses are impacted by regula- ing with the committee towards enactment sistently apply rigorous cost-benefit analysis tions; and of the Small Business Regulatory Flexibility to major regulatory proposals. Providing for a more rigorous test in legal Improvements Act of 2017. We are particularly pleased that H.R. 5 in- challenges for those regulations that would Sincerely, cludes the previously introduced version of have the most impact. JUANITA D. DUGGAN, the Regulatory Accountability Act, also The Regulatory Accountability Act builds President and CEO NFIB. championed by Chairman Goodlatte, the on established principles of a fair regulatory ALERT Act, championed by Representative process and would make the regulatory proc- CHAMBER OF COMMERCE OF THE John Ratcliffe, and the Providing Account- ess more transparent, agencies more ac- UNITED STATES OF AMERICA, ability Through Transparency Act, cham- countable for their decisions, and regula- Washington, DC, January 6, 2017. pioned by Representative Blaine Luetke- tions better-tailored to achieve their purpose TO THE MEMBERS OF THE U.S. HOUSE OF meyer. without unnecessary burdens on stake- REPRESENTATIVES: The U.S. Chamber of Overall, the smart regulatory improve- holders. Commerce strongly supports H.R. 5, which ments embodied in the Regulatory Account- The Regulatory Accountability Act would includes the Regulatory Accountability Act, ability Act of 2017 will: allow Congress and the public to reassert and may consider including votes on, or in Make U.S. companies more competitive. control over the federal regulatory bureauc- Usually after prolonged periods of consider- relation to, H.R. 5 in our annual How They racy. Therefore, NAR strongly supports the ation, federal agencies regularly issue rules Voted scorecard. Act, and urges passage of the bill when it that impose large and often unnecessary bur- The Chamber commends the House for act- comes to the House floor for a vote. dens on U.S. businesses—burdens that for- ing on regulatory reform legislation so early Sincerely, eign competitors may not have to bear. The in the 115th session, and for bringing H.R. 5, WILLIAM E. BROWN, Act will reduce these burdens. which also includes important provisions re- 2017 President. Enable U.S. companies to be more innova- lated to small businesses, to the floor. tive. American businesses are the world’s The Regulatory Accountability Act is a NATIONAL FEDERATION OF most innovative, and that innovation sup- long-standing priority for the Chamber and INDEPENDENT BUSINESS, ports America’s high standard of living. would update the Administrative Procedure Washington, DC, January 11, 2017. Rules that require particular technologies or Act (APA) to improve how federal agencies Hon. STEVE CHABOT, approaches or fail to keep up with techno- promulgate those rules with the most sig- Chairman, House Committee on Small Business, logical evolution can jeopardize future inno- nificant impact on jobs and economic Washington, DC. vation. The Act will encourage flexible, non- growth. DEAR CHAIRMAN CHABOT, on behalf of the prescriptive implementation that preserves Modernization of APA is long overdue. National Federation of Independent Business the capacity to innovate. While there has been a dramatic increase in (NFIB), the nation’s leading small business Stimulate investment by enhancing busi- high impact, transformative rules that are advocacy organization, I am writing in sup- ness certainty. If companies are unsure slowing economic growth and inhibiting job port of H.R. 33, the Small Business Regu- about what regulators will require or how to creation, APA rulemaking provisions have latory Flexibility Improvements Act of 2017. comply with rules, they will be reluctant to remained virtually unchanged since 1946 This legislation puts into place strong pro- commit capital to new or expanded produc- when the law was established. tections to ensure that federal agencies fully tive investments. By encouraging early en- H.R. 5 would target only the most expen- consider the impact of proposed regulations gagement with regulated parties and improv- sive and burdensome of these rules for in- on small businesses. ing the transparency and accountability of creased scrutiny by providing greater trans- In an economy where two-thirds of all net the regulatory process, the Act will result in parency, by holding agencies accountable, new jobs come from the small business sec- greater certainty for U.S. businesses and and by making sure the data behind the deci- tor, we appreciate that this legislation would thereby accelerate job growth and invest- sions of regulators are made publicly avail- require regulators to analyze further the im- ment. able. The Regulatory Accountability Act of 2017 pact of certain proposals on job creation. As The Chamber urges you to support this leg- would make the U.S. regulatory system you well know, the annual cost of federal islation and to oppose any weakening more transparent, accountable and effective. regulation per employee is significantly amendment when it is considered likely next We endorse this legislation and pledge our higher for smaller firms than larger firms. week. full support to see it enacted into law. Federal regulations—not to mention state Sincerely, Sincerely, and local regulations—add up and signifi- JACK HOWARD, MARK J. COSTA, cantly increase the cost of starting and run- Senior Vice President, Chairman and Chief Executive Officer, ning a small business. Congressional and Public Affair. Eastman Chemical Company H.R. 33 expands the scope of the Regu- Chair, Smart Regulation Committee, Business latory Flexibility Act (RFA) by forcing gov- Mr. GOODLATTE. Mr. Chairman, I Roundtable. ernment regulators to include the indirect yield back the balance of my time.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.034 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H347 The Acting CHAIR. The question is ance of encouragement to have them Mr. CHAFFETZ. Mr. Chairman, I on the amendment offered by the gen- get going on it right away, but at the yield myself such time as I may con- tleman from Virginia (Mr. GOODLATTE). same time not allowing this to linger sume. The question was taken; and the Act- in perpetuity with no end in sight. Mr. Chairman, certainly the gen- ing Chair announced that the ayes ap- This amendment provides OIRA, I tleman from Georgia is not opposed to peared to have it. think, the proper balance. That is why the number 270. It is a beautiful num- Mr. JOHNSON of Georgia. Mr. Chair, I have offered this amendment. ber. Normally we give them about 6 I demand a recorded vote. Mr. Chairman, I reserve the balance months to promulgate a rule. This is 50 The Acting CHAIR. Pursuant to of my time. percent more than that. It is roughly 9 clause 6 of rule XVIII, further pro- Mr. JOHNSON of Georgia. Mr. Chair- months. If a woman can give birth in ceedings on the amendment offered by man, I rise in opposition to the amend- that amount of time, my guess is they the gentleman from Virginia will be ment. can go ahead and put together some postponed. The Acting CHAIR. The gentleman is rules in that amount of time. We gave it quite a bit of thought. I AMENDMENT NO. 2 OFFERED BY MR. CHAFFETZ recognized for 5 minutes. think it is properly balanced. We don’t The Acting CHAIR. It is now in order Mr. JOHNSON of Georgia. Mr. Chair- want it to be a year. It is 50 percent to consider amendment No. 2 printed in man, I rise in opposition to the more than we normally ask and that part A of House Report 115–2. Chaffetz amendment. This amendment OIRA is used to doing in rulemaking. Mr. CHAFFETZ. Mr. Chairman, I establishes a deadline of 270 days—a So certainly they can accomplish that. have an amendment at the desk. magical number of days—for some rea- son. There is no reason given for that Mr. Chairman, I yield such time as he The Acting CHAIR. The Clerk will may consume to the gentleman from designate the amendment. being the number of days, but that is what they give to the Office of Infor- Virginia (Mr. GOODLATTE), chairman of The text of the amendment is as fol- the committee. lows: mation and Regulatory Affairs, or OIRA, to issue guidelines pursuant to Mr. GOODLATTE. Mr. Chairman, I Page 38, insert after line 10 the following: title I of this bill. just want to say that title I of the bill SEC. 110. PROMPT ISSUANCE OF OIRA GUIDE- contains several key requirements for LINES. Why 270 days? Well, I think I can answer that ques- the Office of Information and Regu- The Administrator of the Office of Infor- latory Affairs, OIRA, to put out high- mation and Regulatory Affairs of the Office tion. They know that OIRA is not of Management and Budget shall establish equipped to sufficiently deal with regu- quality, governmentwide guidelines any guideline required to be established by lations within that same amount of that all agencies can follow. These in- this title or the amendments made by this time period. We have had all this budg- clude, for example, guidelines on cost- title by not later than 270 days after the date et cutting going on. We have been at- benefit analysis, risk assessment, con- of enactment of this title. tacking the Federal Government regu- sistency with the Information Quality The Acting CHAIR. Pursuant to latory authorities throughout the en- Act, and good guidance practices. Since the importance of these issues House Resolution 33, the gentleman tire 6 years that Republicans have been and the need for swift and effective im- from Utah (Mr. CHAFFETZ) and a Mem- in control of this House. They have plementation of reform, the amend- ber opposed each will control 5 min- done 6 years’ worth of hobbling OIRA, utes. ment’s institution of a 270-day deadline and now they are going to come for- for the issuance of these guidelines is The Chair recognizes the gentleman ward and impose a 270-day require- from Utah. very reasonable, very constructive. I ment. That is like asking someone who urge my colleagues to support this Mr. CHAFFETZ. Mr. Chairman, I you have handicapped to run in a relay yield myself such time as I may con- amendment. race that you know they can’t win. Mr. JOHNSON of Georgia. Mr. Chair- sume. To begin with, I would note that man, I think what I gather is that we H.R. 5 requires the Office of Informa- OIRA, which typically has fewer than need better regulations. Therefore, we tion and Regulatory Affairs, often 50 employees, often serves as a bottle- have to provide more requirements on called OIRA, to provide guidelines for neck for the promulgation of economi- OIRA with respect to the regulations it agencies on how to effectively conduct cally significant rules, as reported last issues, while at the same time claiming regulatory activities. year by Public Citizen. that regulations are bad and we have This is a great bill. I wholeheartedly Moreover, as a group of the Nation’s unelected bureaucrats and all of this support the bill. We simply want to add leading administrative law scholars kind of stuff like that. a timeline to this bill so that we give have noted that the Regulatory Ac- So we need better laws to allow them the proper incentive, notification, and countability Act is ‘‘unusually ambi- to regulate better. Then we are going time to properly institute what this tious and crammed with details that to give them 270 days, which is a little new law would do. are impossible to summarize,’’ that more than we give the average agency. The regulatory activities engaged in will ‘‘further ossify the rulemaking Well, I thank you for that, but you this bill that OIRA, the Office of Infor- process with little offsetting benefits have not increased the manpower of mation and Regulatory Affairs, deals in the form of better rules.’’ the agency to deal with the new re- with need to include cost and benefit Many of these new procedures task quirements that you are stacking on assessments and their economic or risk OIRA with making numerous new de- them. It just doesn’t make a whole lot assessments; coordination, simplifica- terminations and expanded review of of sense. tion, and harmonization of the agency formal rulemaking. In addition, to hob- The real reason for this amendment rules; conforming rulemaking to the bling over the last 6 years, and then is to help foster the gumming up of the notice and comment requirements and imposing a deadline of an arbitrary and Federal regulatory system. That is formal rulemaking requirements in the capricious number of days, you are what it is all about. There are a lot of Administrative Procedure Act; as well going to heap additional requirements little small ways of doing that, heaping as the application of the Information upon them without increasing their it on top of the larger measure, which Quality Act to rulemaking proceedings staff that you have already cut. is itself just inimical to good rule- under what is called the APA. Given the sheer breadth of these re- making. This is a game, and the Amer- These guidelines required by the un- quirement, it may be difficult or im- ican people are the big losers. derlying bill are moving the country in possible for OIRA to comply with the Mr. Chairman, I yield back the bal- the right direction and will ensure that deadline imposed by this amendment, ance of my time. agencies produce thoughtful, com- absent additional congressional appro- Mr. CHAFFETZ. Mr. Chairman, I prehensive, and well-vetted regula- priations, which, of course, they are know my colleague from Georgia is op- tions. not interested in. posed to this bill, but I do think it is The simple amendment that I offer Accordingly, I rise to oppose the reasonable to give a time frame as to today, Mr. Chairman, to H.R. 5 simply amendment. when they are supposed to issue this so requires OIRA to issue guidance within Mr. Chairman, I reserve the balance it doesn’t continue on in perpetuity. I 270 days. I think this is the right bal- of my time. think it is reasonable.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.061 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H348 CONGRESSIONAL RECORD — HOUSE January 11, 2017 To the gentleman’s point about the A recent example of this occurred when you give the decisionmaker a staffing, we don’t get into that granu- with the controversial waters of United vague and ambiguous frame of ref- lar detail here. That is left to the Of- States rule. The Environmental Pro- erence like ‘‘significant,’’ what does fice of Management and Budget. Those tection Agency and Army Corps of En- significant economic impact mean? decisions have been made by the gineers certified that rule despite the It means different things to different Obama administration for the last 8 significant and direct consequences for people. So that is vague and ambig- years. The new Office of Management farmers, ranchers, and home builders. uous. It allows for unbridled discretion and Budget will need to take into ac- Most of those are small businesses. by an unelected bureaucrat, to use that count the staffing levels and how OMB Although the Small Business Admin- term that my friends like to use, but in will determine whether they need more istration Chief Counsel for Advocacy this instance I am using it with respect staff or less staff, but I would certainly sent a letter to the agencies stating to a newly appointed plutocratic bu- support the idea that, if they are over- that the certification was improper and reaucrat like, say, Linda McMahon at whelmed with issues, let’s make sure urging them to withdraw the rule, the the Small Business Administration, a that they are properly staffed. agencies ignored the Chief Counsel and billionaire. Give that to, you know, a This is an important agency. It is the proceeded to finalize it anyway. bureaucrat such as that and let them bottleneck. We have to make sure that b 1530 decide whether or not it has a signifi- they are functioning properly. We are cant economic impact. They are going supportive of that, but I do think it is This amendment addresses this prob- to say, yes, it has a significant eco- reasonable to offer that timeline. I ap- lem by requiring agencies to include— nomic impact. They are going to do it preciate the support of the chairman and I am quoting my amendment—‘‘an every time because that is their agen- on this, and I urge passage of this economic assessment or a summary da. They support a pro-big-business amendment. thereof that is sufficiently detailed to agenda. That is what they represent, Mr. Chairman, I yield back the bal- support the agency’s certification.’’ and so that is how they would rule. ance of my time. This will be published in the Federal When you add that it has to be a sub- The Acting CHAIR. The question is Register as part of the detailed state- stantial number of small businesses, on the amendment offered by the gen- ment and certification for the proposed well, what is a substantial number? Is tleman from Utah (Mr. CHAFFETZ). rule. it 10 percent, 20 percent, 50 percent? The amendment was agreed to. This approach mirrors the one used That is up to whoever the decision- AMENDMENT NO. 3 OFFERED BY MR. CHABOT in the National Environmental Policy maker is, the unelected bureaucrat. We The Acting CHAIR. It is now in order Act. When an agency finds a project to see the setup. I think the American to consider amendment No. 3 printed in have no significant impacts on the en- people understand what this amend- part A of House Report 115–2. vironment, it is required to provide an ment seeks to do. It requires agencies Mr. CHABOT. Mr. Chairman, I have environmental assessment or a sum- to provide a detailed economic assess- an amendment at the desk. mary of it. Since agencies are required ment of the economic impacts of a pro- The Acting CHAIR. The Clerk will to provide a threshold analysis when posed or final rule prior to certifying designate the amendment. they issue a finding of no significant that the rule will not have a signifi- The text of the amendment is as fol- impact for actions that could affect the cant economic impact on a substantial lows: environment, it just makes sense to ex- number of small businesses. In section 304(d)(1) of the bill, strike ‘‘and’’ tend the same type of requirement to Title III of H.R. 5 substantially in- at the end. rules that could affect small busi- creases agencies’ responsibilities with In section 304(d)(2) of the bill, strike the nesses. Small businesses, after all, are respect to rulemaking, including a re- period and insert ‘‘; and’’. the folks that are responsible for cre- quirement to supply a detailed state- In section 304(d), insert after paragraph (2) ating two-thirds, or about 70 percent, ment that includes the factual and the following: of the new jobs created nowadays. So (3) by inserting ‘‘The detailed statement legal basis of the reasons why an agen- shall include an economic assessment or a anything that burdens these small cy has determined that a proposed or summary thereof that is sufficiently detailed businesses is something that is, by def- final rule will not have a significant to support the agency’s certification.’’ before inition, bad for the economy and bad economic impact on small businesses. ‘‘The agency shall provide such certifi- for job creation. Boy, you can just chase your tail all cation’’. This particular amendment, I think, around for days trying to meet that The Acting CHAIR. Pursuant to improves the underlying legislation. It standard. House Resolution 33, the gentleman makes sense. I urge my colleagues to This onerous measure will force from Ohio (Mr. CHABOT) and a Member support this amendment, which will agencies to expend already strained re- opposed each will control 5 minutes. further strengthen the RFA and ensure sources and incur considerable costs to The Chair recognizes the gentleman that agencies’ decisions are supported implement the bill. Also, giving cor- from Ohio. by data. porations an opportunity to contest Mr. CHABOT. Mr. Chairman, I yield Mr. Chairman, I reserve the balance these arbitrary decisions if they go the myself such time as I may consume. of my time. right way in court. I offer this amendment to address a Mr. JOHNSON of Georgia. Mr. Chair- Unsurprisingly, the Congressional longstanding problem: agencies not man, I claim the time in opposition. Budget Office estimated that an iden- fully analyzing the effects of regula- The Acting CHAIR. The gentleman is tical version of this legislation consid- tions on small businesses. recognized for 5 minutes. ered last Congress would cost $55 mil- Under the current Regulatory Flexi- Mr. JOHNSON of Georgia. Mr. Chair- lion over the 2015–2020 period, assuming bility Act, an agency may certify a man, this amendment would require appropriation of the necessary funds. rule if it expects that the rule will not agencies to provide a detailed eco- By requiring agencies to quantify the have—and I am quoting the current nomic assessment prior to certifying economic effects that a rulemaking law here—‘‘a significant economic im- that a rule will not have a significant will have on small businesses, which pact on a substantial number of small economic impact on a substantial num- may be unknowable in some cases, this entities.’’ ber of small business entities. amendment may task agencies with When an agency certifies a rule, it I oppose this bill for a number of rea- providing an economic report on a does not need to perform a full regu- sons. Number one, it forces agencies to counterfactual hypothetical basis. This latory flexibility analysis. This provi- prove a negative. The negative being requirement would do little to ease sion makes sense because not every that it will not have a significant— compliance costs or promote small rule affects small businesses. bookmark that for a second—a signifi- business development or growth, and Unfortunately, agencies appear to be cant economic impact on a substantial more likely it will lead to regulatory abusing this provision. According to a number of small entities. avoidance and ossification and less recent study, agencies only prepared I mean, proving a negative is always small business activity because the big analyses for approximately 8 percent of very difficult to do, that it won’t do businesses are going to be allowed to rules finalized between 1996 and 2012. this. Certainly very difficult. But then crowd them out. Accordingly, I oppose

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.063 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H349 this amendment and urge my col- AMENDMENT NO. 4 OFFERED BY MS. VELA´ ZQUEZ ‘‘§ 610. Periodic review of rules leagues to do the same. The Acting CHAIR. It is now in order ‘‘(a) Not later than 180 days after the effec- Mr. Chairman, I reserve the balance to consider amendment No. 4 printed in tive date of this section, each agency shall of my time. part A of House Report 115–2. publish in the Federal Register and place on Mr. CHABOT. Mr. Chairman, I yield Ms. VELA´ ZQUEZ. Mr. Chairman, I its website a plan for the periodic review of have an amendment at the desk. rules issued by the agency which the head of myself such time as I may consume. I the agency determines have a significant will be brief, and then I will invite my The Acting CHAIR. The Clerk will economic impact on a substantial number of colleague from Virginia to respond. designate the amendment. small entities. Such determination shall be Just a couple of quick points. First of The text of the amendment is as fol- made without regard to whether the agency all, relative to this significant eco- lows: performed an analysis under section 604. The nomic impact language that my distin- Strike line 13 on page 39 and all that fol- purpose of the review shall be to determine guished colleague from Georgia is talk- lows through line 26 on page 69, and insert whether such rules should be continued with- out change, or should be amended or re- ing about, that is already in the exist- the following (and conform the table of con- tents accordingly): scinded, consistent with the stated objec- ing law, so we are not changing any- tives of applicable statutes, to minimize sig- thing there. We are not saying it ought TITLE III—SMALL BUSINESS REGULATORY nificant economic impacts on a substantial to say a significant economic impact. IMPROVEMENT ACT number of small entities. Such plan may be It already says that in the existing SEC. 301. SHORT TITLE. amended by the agency at any time by pub- law. Both the bureaucrats and the This title may be cited as the ‘‘Small Busi- lishing the revision in the Federal Register ness Regulatory Improvement Act of 2017’’. and subsequently placing the amended plan courts are used to determining what SEC. 302. CLARIFICATION AND EXPANSION OF on the agency’s website. the terminology like ‘‘significant’’ RULES COVERED BY THE REGU- ‘‘(b) The plan shall provide for the review means under the rule or regulation or LATORY FLEXIBILITY ACT. of all such agency rules existing on the effec- the law, just as what a reasonable man Section 601 of title 5, United States Code, tive date of this section within 10 years of is. ‘‘Reasonable’’ is quite common is amended by adding at the end the fol- the date of publication of the plan in the throughout the legal structure. lowing new paragraph: Federal Register and for review of rules adopted after the effective date of this sec- We are also not giving discretion to ‘‘(9) ECONOMIC IMPACT.—The term ‘eco- nomic impact’ means, with respect to a pro- tion within 10 years after the publication of Ms. McMahon, the soon-to-be head of posed or final rule— the final rule in the Federal Register. If the the SBA. It is to the Chief Counsel, and ‘‘(A) any direct economic effect on small head of the agency determines that comple- he is independent. entities of such rule; and tion of the review of existing rules is not fea- I yield to the gentleman from Vir- ‘‘(B) any indirect economic effect on small sible by the established date, the head of the ginia (Mr. GOODLATTE), our chairman. entities which is reasonably foreseeable and agency shall so certify in a statement pub- Mr. GOODLATTE. I thank the gen- results from such rule (without regard to lished in the Federal Register and may ex- tend the review for not longer than 2 years tleman for his amendment. Title III of whether small entities will be directly regu- lated by the rule).’’. after publication of notice of extension in the bill contains important reforms to the Federal Register. Such certification and make sure agencies finally take seri- SEC. 303. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES. notice shall be sent to the Chief Counsel for ously Congress’ directive to write rules (a) INITIAL REGULATORY FLEXIBILITY ANAL- Advocacy and the Congress. ‘‘(c) Each agency shall annually submit a with flexible accommodations for small YSIS.—Subsection (b) of section 603 of title 5, businesses, the source of most of our United States Code, is amended to read as report regarding the results of its review pursuant to such plan to the Congress and, in follows: Nation’s job creation. the case of agencies other than independent Congress’ demands for flexibility ‘‘(b) Each initial regulatory flexibility analysis required under this section shall regulatory agencies (as defined in section began with the Regulatory Account- 3502(5) of title 44, United States Code) to the contain a detailed statement describing— ability Act during the 1980s, but agen- Administrator of the Office of Information ‘‘(1) the reasons why the action by the and Regulatory Affairs of the Office of Man- cies have never fully complied. One of agency is being considered; agement and Budget. Such report shall in- the key ways agencies have skirted the ‘‘(2) the objectives of, and legal basis for, law’s requirements has been to certify clude the identification of any rule with re- the proposed rule; spect to which the head of the agency made their way out of any need to actually ‘‘(3) the type of small entities to which the a determination described in paragraph (5) or provide flexibility by finding that a proposed rule will apply; (6) of subsection (d) and a detailed expla- proposed or final rule will not have a ‘‘(4) the number of small entities to which nation of the reasons for such determination. significant impact on a substantial the proposed rule will apply or why such es- ‘‘(d) In reviewing rules under such plan, number of small entities. timate is not available; the agency shall consider the following fac- ‘‘(5) the projected reporting, record- tors: This amendment puts the brakes on keeping, and other compliance requirements an inadequately substantiated certifi- ‘‘(1) The continued need for the rule. of the proposed rule, including an estimate ‘‘(2) The nature of complaints received by cation by requiring certifications to in- of the classes of small entities which will be the agency from small entities concerning clude economic assessment details suf- subject to the requirement, the costs, and the rule. ficient to support the certifications. I the type of professional skills necessary to ‘‘(3) Comments by the Regulatory Enforce- support the amendment. comply with the rule; and ment Ombudsman and the Chief Counsel for Mr. CHABOT. Mr. Chairman, I yield ‘‘(6) all relevant Federal rules which may Advocacy. back the balance of my time. duplicate, overlap, or conflict with the pro- ‘‘(4) The complexity of the rule. Mr. JOHNSON of Georgia. Mr. Chair- posed rule, or the reasons why such a de- ‘‘(5) The extent to which the rule overlaps, scription could not be provided.’’. man, it is already covered in current duplicates, or conflicts with other Federal (b) FINAL REGULATORY FLEXIBILITY ANAL- rules and, unless the head of the agency de- law, so why do we need this amend- YSIS.— termines it to be infeasible, State and local ment? (1) Paragraph (4) of such section is amend- rules. Well, it is a messaging piece to be ed by striking ‘‘an explanation’’ and insert- ‘‘(6) The length of time since the rule has able to say to the listening audience ing ‘‘a detailed explanation’’. been evaluated or the degree to which tech- that we support small business. Well, (2) Paragraph (5) of such section is amend- nology, economic conditions, or other fac- gosh, I think we have answered that ed to read as follows: tors have changed in the area affected by the ‘‘(4) a description of the projected report- rule. question here on this side whether or ing, recordkeeping, and other compliance re- not they really do support small busi- ‘‘(e) The agency shall publish in the Fed- quirements of the rule, including an esti- eral Register and on its website a list of ness. It is clear they support big busi- mate of the classes of small entities which rules to be reviewed pursuant to such plan. ness, and that is what this amendment will be subject to the requirement, the costs, Such publication shall include a brief de- is going to help facilitate without add- and the type of professional skills necessary scription of the rule, the reason why the ing to the overall bill. For that reason, to comply with the rule; and’’. agency determined that it has a significant I ask that we oppose it. (c) CERTIFICATION OF NO IMPACT.—Sub- economic impact on a substantial number of Mr. Chairman, I yield back the bal- section (b) of section 605 of title 5, United small entities (without regard to whether it States Code, is amended by inserting ‘‘de- ance of my time. had prepared a final regulatory flexibility tailed’’ before ‘‘statement’’ both places such analysis for the rule), and request comments The Acting CHAIR. The question is term appears. from the public, the Chief Counsel for Advo- on the amendment offered by the gen- SEC. 304. PERIODIC REVIEW OF RULES. cacy, and the Regulatory Enforcement Om- tleman from Ohio (Mr. CHABOT). Section 610 of title 5, United States Code, budsman concerning the enforcement of the The amendment was agreed to. is amended to read as follows: rule.’’.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.066 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H350 CONGRESSIONAL RECORD — HOUSE January 11, 2017 SEC. 305. CHANGES TO THE REGULATORY FLEXI- certifications rather than just a sen- with this a number of times over the BILITY ACT TO COMPORT WITH EX- tence which dismisses the concerns of years, and we have included a signifi- ECUTIVE ORDER 13272. (a) INITIAL REGULATORY FLEXIBILITY ANAL- small firms. cant number of Democratic amend- YSIS.—Section 603 of title 5, United States The most important aspect of my ments already in our underlying bill as Code, is amended by adding at the end the amendment is what it does not do. Un- well. So it truly is bipartisan. following: like H.R. 5, my amendment does not The gentlewoman from New York’s ‘‘(e) An agency shall notify the Chief Coun- create a new governmentwide bureauc- amendment would essentially strike sel for Advocacy of the Small Business Ad- racy or foist a truckload of new respon- title III of the bill, and it would replace ministration of any draft rules that may sibilities on the Office of Advocacy, it with alternative language. While I have a significant economic impact on a sub- am heartened that she agrees that the stantial number of small entities either— which only has a $9 million budget. ‘‘(1) when the agency submits a draft rule For instance, H.R. 5 requires the Of- Regulatory Flexibility Act needs to be to the Office of Information and Regulatory fice of Advocacy to approve size stand- improved, this amendment just does Affairs at the Office of Management and ards, a function already handled by the not go far enough to address, in my Budget, if submission is required; or SBA. This is like creating a Rayburn view, most Federal agencies’ habitual ‘‘(2) if no submission to the Office of Infor- cafeteria next to the Rayburn cafe- disregards for small businesses. We mation and Regulatory Affairs is so re- teria. It is ridiculous. This is a com- know that the bureaucracy does dis- quired, at a reasonable time prior to publica- plete waste of taxpayer resources and regard small businesses time and time tion of the rule by the agency.’’. will, ironically, take the Office of Ad- again. That is why we feel so strongly (b) INCLUSION IN FINAL REGULATORY FLEXI- BILITY ANALYSIS OF RESPONSE TO COMMENTS vocacy away from its core mission of about this bill. ON CERTIFICATION OF PROPOSED RULE.—Para- monitoring regulations. Ms. VELA´ ZQUEZ’s amendment in- graph (2) of section 604(a) of title 5, United Also, another aspect that is very im- cludes a few of the reforms that the States Code, is amended by inserting after portant, what this legislation does is it current title has, but, unfortunately, it ‘‘initial regulatory flexibility analysis’’ the is setting the Office of Advocacy to fails to include many other important following: ‘‘(or certification of the proposed fail. They do not have the expertise. ones. Her amendment does not close rule under section 605(b))’’. They do not have the resources. In ad- the loophole the IRS uses to avoid The Acting CHAIR. Pursuant to dition, H.R. 5 imposes the panel process complying with the RFA, for example, House Resolution 33, the gentlewoman across the entire government. I will and it does not provide additional op- from New York (Ms. VELA´ ZQUEZ) and a say that again. Across the entire gov- portunities for small businesses to pro- Member opposed each will control 5 ernment, including all independent vide input on proposed rules through minutes. agencies. So much for fiscal responsi- the Small Business Advocacy Review The Chair recognizes the gentle- bility. There is another complete waste panel process. woman from New York. of taxpayer resources, and it will fur- It does not require the Chief Counsel ´ Ms. VELAZQUEZ. Mr. Chairman, I ther limit the Office of Advocacy’s for Advocacy to issue government-wide yield myself such time as I may con- ability to weigh in on the most impor- RFA compliance regulations that all sume. tant matters affecting small busi- agencies must follow. Without these The Regulatory Flexibility Act has nesses. compliance regulations, agencies will reduced regulatory costs by $130 billion Instead, my amendment makes the just continue to develop their own in- since 1998. However, it could do better. targeted changes to the RFA that terpretations of the RFA to avoid com- The amendment I am offering will im- small businesses have called for over plying with the law’s requirement. prove this process. the last 5 years. In doing so, it is cost America’s small businesses deserve However, unlike the underlying bill, effective and responsible to the tax- more meaningful reform, and the cur- my amendment is actually aligned payers. I urge Members to vote ‘‘yes’’ rent title III of the bill, in our view, with the original statute, which was on my amendment. does just that; therefore, I would urge created to protect the unique needs of Mr. Chairman, I reserve the balance my colleagues, respectfully, to oppose small businesses in the regulatory of my time. this amendment. process, not to stop regulations. My Mr. Chairman, I reserve the balance b 1545 amendment is also much more cost ef- of my time. fective to the taxpayers, as the under- Mr. CHABOT. Mr. Chairman, I rise in Ms. VELA´ ZQUEZ. Mr. Chairman, I lying bill creates a massive and unnec- opposition to this amendment. want to thank the chairman for being essary government bureaucracy. It The Acting CHAIR. The gentleman so kind. But let me just say that on should be noted that my amendment is from Ohio is recognized for 5 minutes. this one, your approach is not bal- based on bipartisan legislation from a Mr. CHABOT. Mr. Chairman, I yield anced, and it is going to impact the previous Congress, which the com- myself such time as I may consume. very agencies that you are empowering mittee reported by a recorded vote of Just a couple of points. First, before with so many responsibilities. 26–0. speaking in opposition to this amend- I would like to ask the gentleman, The amendment makes improve- ment, I would note that the ranking adding all these new responsibilities ments to the most significant defi- member, Ms. VELA´ ZQUEZ, and I worked that would require manpower and ex- ciencies facing the Regulatory Flexi- very much in a bipartisan and coopera- pertise that is needed, how much bility Act without the overly broad tive manner on a whole range of issues. money is included in the authorizing changes contained in the underlying We have done that when she chaired process for this office to work prop- bill. This includes making sure that the committee and I was the ranking erly? agencies live up to their obligations to member, and we do that now that I am Mr. Chairman, I yield back the bal- retrospectively review the burdens of the chair and she is the ranking mem- ance of my time. existing rules on small businesses. The ber. I commend her for that coopera- Mr. CHABOT. Mr. Chairman, I don’t GAO has reported on numerous occa- tion. We have actually gotten a lot of think we need to increase bureaucracy sions that agency compliance with this things done in the Small Business or hire a whole lot more people to im- requirement was poor. My amendment Committee on behalf of small busi- plement this. We have plenty of people holds the agencies more accountable by nesses all across the country in both right now who work for the Federal requiring them to report the results of Democratic and Republican districts. Government, and I am sure that we can their reviews to Congress annually. That being said, I would also note shift some resources around, people can My amendment also takes steps to that this particular language, in es- work harder and smarter, and we can make analyses more detailed so that sence, replaces our H.R. 5, title III, be leaner and meaner. The bureaucracy agencies cannot ignore the RFA and with Ms. VELA´ ZQUEZ’s version. She has grown far too large over the years. simply certify that a rule has no sig- mentioned that hers is bipartisan. Ours That money comes from somewhere. nificant economic impact on small is as well. Mr. CUELLAR was a principal Where does it come from? It comes out businesses. Addressing this matter will cosponsor of this particular legislation, of the hardworking taxpayers of our ensure that agencies are required to so, by definition, it is bipartisan. I country. A lot of those folks are small provide a more factual basis for such would also note that we have dealt business folks, and they are folks that

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.020 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H351 have gotten the short end of the stick The Chair recognizes the gentleman rule within the meaning of this amend- far too often. from Minnesota. ment. Hopefully, this Congress will move Mr. PETERSON. Mr. Chairman, I rise In the context of the proposed de- legislation that comes out of this body in support of this amendment. This regulation actions, in 2003, Bush ad- in a direction where, rather than throw amendment will prohibit Federal agen- ministration officials posed with roadblocks, hindrances, and more prob- cies from using taxpayer dollars to ad- chainsaws and scissors next to a stack lems in the pathway of small busi- vocate on behalf of a rule or generate of papers to promote efforts to cut red nesses, we are going to help them. I comments to overwhelm the record tape. It is doubtful that this form of know the last thing they want to hear with one point of view. public communication would be per- is: I am from the government, and I am A GAO report documents how the missible under this amendment. By the here to help you. EPA created a campaign to generate way, to see the Bush administration of- The fact is the government does comments in support of the waters of ficials with a chainsaw and scissors exist, and to the extent we can help the U.S., or the WOTUS rule. This is going at regulations reminds me of them, we ought to do that. But most of not how government, or the rule- what we are doing here today. the small businesses that I talk to, making process, should work. In the context of a veto threat of a what they say is: just get the heck off The comment period should be a time similar antiregulatory proposal last my back. Quit telling me how to do for agencies to hear from the public Congress, the Obama administration what I know how to do best. about what is good, what is bad, and stated that similar requirements would So we are not anarchists over here. what needs to be fixed with a proposed prevent agencies from efficiently per- We are not saying that we don’t need rule. In my opinion, agencies too often forming their statutory responsibilities any bureaucracy, we don’t need any take laws passed by Congress and then and potentially lead to a less informed public. government, and we don’t need any turn them into something that is un- regulations. We do need some regula- Mr. Chairman, I oppose this amend- recognizable. That is why this amend- ment, and I urge my colleagues to do tions, but we overregulate now. Hope- ment is needed and has the support of so as well. fully, this is just one step in scaling the American Farm Bureau Federa- I reserve the balance of my time. back on the overregulation that comes tion, the National Association of Mr. PETERSON. Mr. Chairman, I out of Washington and is like a wet Wheat Growers, and the National Asso- yield 1 minute to the gentleman from blanket over small businesses all over ciation of Home Builders, among oth- Virginia (Mr. GOODLATTE) who is the the country and like a wet blanket ers. chairman of the Judiciary Committee. over the American economy. So let’s This is a commonsense amendment Mr. GOODLATTE. Mr. Chairman, I get that wet blanket off, let’s get the that will improve the bill, and I urge thank the gentleman for yielding, and economy moving, and let’s Make my colleagues to vote in support. I support his amendment. America Great Again. Mr. Chairman, I reserve the balance Title I of the bill contains critical re- Mr. Chair, I yield back the balance of of my time. forms to the rulemaking process first my time. Mr. JOHNSON of Georgia. Mr. Chair- introduced in the 112th Congress. In The Acting CHAIR. The question is man, I respectfully claim the time in one sentence, one could say that these on the amendment offered by the gen- opposition. reforms have one ultimate goal—to as- tlewoman from New York (Ms. The Acting CHAIR. The gentleman is sure a fair rulemaking process that VELA´ ZQUEZ). recognized for 5 minutes. achieves the benefits Congress seeks The amendment was rejected. Mr. JOHNSON of Georgia. Mr. Chair- and keeps unnecessary costs to a min- AMENDMENT NO. 5 OFFERED BY MR. PETERSON man, I oppose this amendment which imum. The Acting CHAIR. It is now in order would prohibit Federal agencies from The gentleman’s amendment, of to consider amendment No. 5 printed in making any public communications which I am a cosponsor, responds to an part A of House Report 115–2. that would promote a pending regu- extreme example of rulemaking abuse Mr. PETERSON. Mr. Chairman, I latory action. that played out during the 114th Con- have an amendment at the desk. We can all agree that the rulemaking gress. That abuse was the Environ- The Acting CHAIR. The Clerk will process should be transparent, flexible, mental Protection Agency’s advocacy designate the amendment. and accountable to the public. But campaign to skew the information sub- The text of the amendment is as fol- rather than achieve this goal, my col- mitted for its administrative record lows: leagues’ amendment would decrease and promote lobbying on behalf of its Page 18, insert after line 8 the following: transparency in the rulemaking proc- massive proposed waters of the United ‘‘(5) After notice or advance notice of a ess and burden agency rulemaking with States rule. proposed rule making, the agency making little corresponding benefits to the It is one thing to propose a rule and the rule, and any person acting in an official open the agency’s doors impartially to capacity on behalf of the agency, may not public. A variety of statutes, including the information from all members of the communicate, and a person who receives public. It is quite another to promote Federal funds from the agency may not use Administrative Procedure Act and public submissions to guarantee the those funds to communicate, through writ- agency specific statutes, already pre- cooking of the administrative record to ten, oral, electronic, or other means to the scribe the method that agencies may support the agency’s view and to advo- public about the proposed rule in a manner communicate to the public with regard cate lobbying of Congress to support that— to proposed rules. Agencies should, and ‘‘(A) directly advocates, in support of or that view. against the proposed rule, for the submission indeed are required by law to, commu- This amendment makes sure that the of information to form part of the record of nicate why rules are beneficial to the biased agency activity manifest in the review for the proposed rule; public. For example, in 2014, the De- waters of the United States rule- ‘‘(B) appeals to the public, or solicits a partment of Defense proposed a rule to making never happens again. third-party, to undertake advocacy in sup- protect servicemembers and their fami- Mr. Chairman, I support the amend- port of or against the proposed rule; or lies from predatory lending schemes. In ment. ‘‘(C) is directly or indirectly for publicity a press release discussing the rule, the Mr. JOHNSON of Georgia. Mr. Chair- or propaganda purposes within the United Defense Department highlighted the States not heretofore authorized by the Con- man, Congressman Gerald Connolly gress. benefits of the rule such as ‘‘this pro- wanted it to be known for the record Such prohibition shall not apply to commu- posed rule would better protect Active that agency employees are already nication that requests comments or provides Duty servicemembers and their fami- barred under appropriations bills from information regarding the rule in an impar- lies from excessive debt.’’ engaging in publicity or propaganda. tial manner.’’. This plain language explanation of Agency employees are specifically The Acting CHAIR. Pursuant to the proposed rule would be flatly pro- barred from engaging in substantial House Resolution 33, the gentleman hibited by this amendment. Indeed, grass-roots lobbying campaigns when from Minnesota (Mr. PETERSON) and a there is little that an agency could dis- those campaigns are aimed at encour- Member opposed each will control 5 cuss about a pending rule that would aging members of the public to pres- minutes. not be considered to be promoting the sure Members of Congress to support

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.070 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H352 CONGRESSIONAL RECORD — HOUSE January 11, 2017 administration or department legisla- and vote against this amendment and against ‘‘(A) reopen the public docket for 60 days tive or appropriations proposals. the Regulatory Accountability Act. to receive additional comments; and Mr. Chairman, I have no further The Acting CHAIR. The question is ‘‘(B) consider modifications or alternatives speakers. on the amendment offered by the gen- that reduce costs and increase benefits to regulated entities or individuals. I yield back the balance of my time. tleman from Minnesota (Mr. PETER- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in Mr. PETERSON. I have no further SON). this subsection may be construed to affect speakers, Mr. Chairman. I just want to The question was taken; and the Act- any other provision of law that requires an say that some of us who have been ing Chair announced that the ayes ap- agency to conduct retrospective reviews of chairmen of committees and passed peared to have it. rules issued by the agency.’’. legislation around here, sometimes Mr. JOHNSON of Georgia. Mr. Chair- The Acting CHAIR. Pursuant to what comes back you don’t even recog- man, I demand a recorded vote. House Resolution 33, the gentleman The Acting CHAIR. Pursuant to nize from what you passed legisla- from Louisiana (Mr. GRAVES) and a clause 6 of rule XVIII, further pro- tively. This bill and this amendment Member opposed each will control 5 ceedings on the amendment offered by will help solve that problem, to some minutes. extent. So I encourage my colleagues the gentleman from Minnesota will be The Chair recognizes the gentleman to support the amendment and support postponed. from Louisiana. the bill. b 1600 Mr. GRAVES of Louisiana. Mr. Mr. Chairman, I yield back the bal- AMENDMENT NO. 6 OFFERED BY MR. GRAVES OF Chairman, since 2008, approximately ance of my time. LOUISIANA 3,300 regulations have been issued on Mr. CONNOLLY. Mr. Chair, I rise today in The Acting CHAIR. It is now in order an annual basis. I will say that again. opposition to this amendment and in strong to consider amendment No. 6 printed in Since 2008, approximately 3,300 regula- opposition to the Regulatory Accountability part A of House Report 115–2. tions have been issued on an annual Act. Mr. GRAVES of Louisiana. Mr. basis. The cost of compliance with This bill is another thinly veiled mechanism Chairman, I have an amendment at the those regulations is estimated to be for the majority to attack agency rulemaking desk. somewhere around $981 million, and if with which they disagree. The Acting CHAIR. The Clerk will you add up the costs of compliance of This amendment would prevent agencies designate the amendment. all regulations, it is approximately from publicly disclosing information that, The text of the amendment is as fol- double that. According to various stud- quote, ‘‘directly advocates, in support of or lows: ies that are out there, since 2008, the against the proposed rule, for the submission Page 23, line 24, strike ‘‘and’’. costs of complying with Federal regu- of information to form part of the record of re- Page 24, insert after line 5 the following: lations has doubled. view for the proposed rule.’’ ‘‘(iii) in the case of a major rule, a report Mr. Chairman, this isn’t about some I am concerned that the way this language on the benefits and costs of the final rule on huge megacorporation that is worth entities whose conduct is regulated by the is written it could restrict agencies from pro- rule in the Federal Register, to be revised billions of dollars and is a multi- viding information about the benefits of a rule every 5 years thereafter while the rule re- national company. This impacts indi- and soliciting public feedback. mains in effect, and including, at a min- viduals. This impacts families. As a The Administrative Procedure Act requires imum— matter of fact, a study done by the agencies to solicit public comments on pro- ‘‘(I) an assessment of the impacts, includ- Competitive Enterprise Institute esti- posed rules except in narrow circumstances. ing any costs, of the major rule on regulated mates that approximately $15,000 per We should be encouraging agencies to solicit entities; year is how much the average Amer- public comments in order to provide busi- ‘‘(II) a determination about how the actual ican family spends just to comply with nesses, consumer groups, and other members benefits and costs of the major rule have var- ied from those anticipated at the time the Federal regulations. of the public with the opportunity to make sug- major rule was issued; Major regulations are regulations gestions to the agency for improving the pro- ‘‘(III) an assessment of the effectiveness that are estimated to cost in excess of posed rule. and benefits of the major rule in producing $100 million. Under our amendment, Agency employees are already barred under the regulatory objectives of the major rule; what we do is simply require that, appropriations bills from engaging in publicity and every 5 years, the Federal agency that or propaganda. ‘‘(IV) a review by the Administrator of the has promulgated—that has finalized—a Agency employees are specifically barred Office of Information and Regulatory Affairs regulation go back and check how from engaging in ‘‘substantial ‘grassroots’ lob- of the Office of Management and Budget much it is actually costing to comply when required under executive order; and’’. bying campaigns’’ when those campaigns are Page 30, line 16, insert after ‘‘the Federal with the regulation. aimed at encouraging members of the public Open Market Committee.’’ the following: Here is why it is important, Mr. ‘‘to pressure Members of Congress to support ‘‘(n) REGULATION-SPECIFIC FRAMEWORKS.— Chairman. Administration or Department legislative or ap- ‘‘(1) REPORT TO CONGRESS.—The agency If you go back to a regulation that propriations proposals.’’ shall provide a report to Congress not later was proposed by the Department of the While transparency is always helpful in the than 90 days after the agency makes any de- Interior within the last year and a half regulatory process, a requirement that agen- termination under subsection (f)(4)(I)(iii)(II) that has to do with well control in off- that the cost to regulated entities has ex- cies report to Congress every communication ceeded the anticipated cost at the time the shore energy production, the Depart- to the public—including every oral communica- final rule was issued. The agency, at a min- ment of the Interior estimated that the tion from an agency official—would be unnec- imum, shall assess in the report— cost of complying with that regulation essarily burdensome and would not be fea- ‘‘(A) whether the major rule is accom- was going to be, approximately, $883 sible for agencies. plishing its regulatory objective; and million over 10 years. However, a pri- The GAO has already defined covert com- ‘‘(B) whether the major rule has been ren- vate analysis that was done estimated munications, self-aggrandizement, and purely dered unnecessary, taking into consider- that that figure was approximately partisan activities as categories of agency ation— one-tenth of the true cost of compli- ‘‘(i) changes in the subject area affected by communications that are often restricted by the major rule; ance over the first decade—one-tenth. these appropriations riders. ‘‘(ii) whether the major rule overlaps, du- There is nothing that holds the Fed- Agencies are authorized to regulate by Con- plicates, or conflicts with other rules or, to eral agencies accountable. They can gress, but this amendment would further hand- the extent feasible, State and local govern- lowball numbers. They can stay below icap federal agencies from fulfilling their critical ment regulations; and the threshold of a major action and not missions. ‘‘(iii) other alternatives to the major rule ever have to be held accountable to the Under the guise of ‘‘accountability’’ this or modification of the major rule that might additional analysis that is required for amendment is not even a thinly disguised at- achieve better results while imposing a major regulatory actions. This, simply, smaller burden on society or at a lower cost, makes agencies go back on major regu- tempt to muzzle commonsense regulation by taking into consideration any cost already suppressing even the ability to explain the pro- incurred. lations to re-quantify—reassess—the posed rule in the first place. ‘‘(2) REOPENING OF PUBLIC DOCKET.—Upon costs of compliance to make sure that I urge my colleagues to uphold Congress’ delivery of the report required in paragraph their numbers are accurate, that they confidence in the agency rulemaking process (1) the agency shall— understand the costs of compliance,

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.072 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H353 and the impact on the average Amer- ty issues or constrain its ability to im- logue between the agency and the ican family. plement new statutory provisions.’’ stakeholders. If the costs have gone up, Lastly, Mr. Chairman, I am from the This amendment would do just that then the agency must open up a com- State of Louisiana. A study that was by requiring agencies to conduct a per- ment period to hear the stakeholders done by the Mercatus Center found petual notice-and-comment process for and consider possible modifications or that the State of Louisiana is the most major rules that have been adopted alternatives to reduce the cost and in- federally regulated State in the United long ago. I urge my colleagues to op- crease the benefits. We do that in Con- States. As a matter of fact, so regu- pose this amendment. gress. Every time we pass a piece of lated that we are regulated 74 percent Mr. Chairman, I reserve the balance legislation, we go back and fine tune more than the average State—74 per- of my time. the legislation, and I think we need to cent more. That has a significant im- Mr. GRAVES of Louisiana. Mr. do the same thing here. pact on jobs, on our economy. Chairman, I yield 1 minute to the gen- Again, we must not allow regulations The cosponsor of this amendment— tleman from Virginia (Mr. GOODLATTE), to run out of control. We should hold the gentleman from Texas with whom I the chairman of the Judiciary Com- agencies accountable. This amendment worked very closely, Mr. Chairman— mittee. will bring transparency and begin says his State of Texas is burdened by Mr. GOODLATTE. I thank the gen- those conversations between stake- an additional 30 percent of regulations tleman from Louisiana, and I support holders and the agencies. above the national average. It is inap- his amendment. Again, I thank Congressman GRAVES propriate; it penalizes our economy; it Mr. Chairman, many of the reforms for this bipartisan amendment. sends jobs overseas; and, most impor- in title I of the bill focus on assuring Mr. GRAVES of Louisiana. Mr. tantly, it penalizes American families. better decisionmaking and cost control Chairman, again, I thank the gen- Mr. Chairman, I reserve the balance for major rules—typically, those that tleman from Texas, with whom I of my time. impose more than $100 million or more worked closely in developing this Mr. JOHNSON of Georgia. Mr. Chair- per year in costs. amendment, which was legislation we man, I rise in opposition to the gentle- One of these reforms is the common- introduced last year and which had man’s amendment. sense requirement that an agency, dozens of bipartisan cosponsors. The Acting CHAIR. The gentleman is when it publishes a major rule, include In summary, this is an Article I recognized for 5 minutes. a plan for reviewing how the rule is issue. This ensures that when an agen- Mr. JOHNSON of Georgia. Mr. Chair- working within 10 years. A focus of cy tells Congress, they tell the Amer- man, any time I hear the name that review is to determine whether it ican public that when the regulation is ‘‘Mercatus Center’’ I think of pro-big is possible, after the rule has been put going to cost a certain amount to com- business, antiregulation. This amend- into practice, to find new ways to ply with, they are held accountable to ment imposes even more paralyzing lower the rule’s costs. that. This is about accountability. This rulemaking requirements to the more The gentleman’s amendment speeds is about transparency. than 60 analytical and procedural re- this process up, requiring review with- My friend from Georgia mentioned quirements that are already mandated in 5 years, and increases Congress’ that this was ‘‘busywork.’’ Mr. Chair- by title I of this bill. You are giving oversight, requiring reports by agen- man, I want you to think about that them more homework on top of home- cies to Congress on their reviews. Most for a minute. work—busywork, red tape. Gum up the importantly, the amendment requires This applies to major rules that are works—that is what this is all about. that, if an agency’s report to Congress estimated to cost in excess of $100 mil- The amendment would require agen- shows the rule’s costs in practice are lion to comply with, and they find it cies to assess the economic impacts of higher than anticipated at promulga- offensive that we ask them to look major rules every 5 years, including a tion, the agency must institute a no- back one time every 5 years for rules cost-benefit analysis of the rule every 5 tice-and-comment process aimed at that cost American families over $100 years, an estimate of the rule’s cost on identifying revisions that can lower million to comply with every single regulated entities, and whether these costs. year? costs exceed an agency’s initial esti- This is a measure that can only I am offended by that, and I am sure mates, among other requirements. strengthen the bill’s effectiveness and that millions and millions of American Worse yet, once this information is help lower unnecessary burdens on the families are offended by that as well. compiled, the amendment would also American people. I support the amend- It is all summarized by this, Mr. require the agency to reopen the public ment. Chairman: since 2009, for the first time docket on the rule for 60 days to con- Mr. JOHNSON of Georgia. Mr. Chair- in recorded history, we have had a net sider modifications to the underlying man, I yield 11⁄2 minutes to the gen- loss in small businesses in the United rule. tleman from Texas (Mr. CUELLAR). States. Regulations are hidden taxes Under current law, Federal agencies Mr. CUELLAR. I thank Mr. JOHNSON. that impact our businesses, that im- already conduct an extensive retro- I thank Ranking Member CONYERS pact our employment opportunities, spective review process of existing for the leadership that he provided the and that drive jobs to other countries. rules and have already saved taxpayers committee for so many years. I thank Mr. Chairman, I yield back the bal- billions in cost savings. This is yet an- Chairman GOODLATTE and Congressman ance of my time. other attempt to derail the rulemaking GRAVES for working in a bipartisan Mr. JOHNSON of Georgia. Mr. Chair- process by paralysis through analysis. way. man, the bottom line is that my Since 2011, the Obama administration Mr. Chairman, this amendment is friends on the other side of the aisle, in has made a durable commitment to en- common sense. It calls on the govern- their quest to satisfy the big businesses suring the retrospective review of ex- ment to bring transparency to the that fund these campaigns, don’t like isting regulatory protections. Pursuant major rules. regulations that protect the health, to Executive Order Nos. 13563 and 13610, Once an agency finalizes a major safety, and well-being of Americans, agencies are already required to con- rule, that is the end of it. They are not including children, including the elder- duct a periodic review of existing rules required to review the benefits or the ly, the weak, the sick. They are trying to protect public health while reducing economic impacts. This amendment, to get rid of the Affordable Care Act; paperwork burdens. however, holds the agency accountable trying to kill those regulations; trying Furthermore, as the Obama adminis- by requiring that it look back and as- to kill regulations on Dodd-Frank, tration stated in the context of a veto sess the costs and benefits of that rule which is protecting people from finan- threat of a similarly draconian after it has taken effect. Should the cial ruin by Wall Street barons. antiregulatory proposal, ‘‘it is impor- cost of the regulation exceed the pro- This is an incessant march toward a tant that retrospective review efforts posed costs under the rule, then, under deregulatory environment. We can’t let not unnecessarily constrain an agen- this amendment, this agency will re- it continue unabated. We must protest. cy’s ability to provide a timely re- port back the increase to the Congress. We must speak out. We must do the sponse to critical public health or safe- This amendment would facilitate a dia- right thing to protect the people of this

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.075 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H354 CONGRESSIONAL RECORD — HOUSE January 11, 2017 country. For that reason, I urge my for CMS guidance before printing and nonbinding. So I rise in opposition to colleagues to oppose this amendment. sending reimbursement forms to its this amendment which imposes an un- Mr. Chairman, I yield back the bal- customers, and this company waited necessary and burdensome 90-day wait- ance of my time. and waited and waited; but 3 weeks be- ing period for agencies to issue guid- The Acting CHAIR (Mr. CHABOT). The fore the effective date, this company ance documents. question is on the amendment offered and others like it hadn’t heard any- Importantly, as a form of non- by the gentleman from Louisiana (Mr. thing from CMS on guidance or direc- legislative rule, guidance documents do GRAVES). tions—crickets. not have the force of law and are not The amendment was agreed to. subject to the Administrative Proce- b 1615 AMENDMENT NO. 7 OFFERED BY MR. YOUNG OF dure Act’s notice and comment re- IOWA So at this point, they had to make a quirements. Section 104 of H.R. 5 al- The Acting CHAIR. It is now in order business decision. That is the reality. ready clarifies that these documents to consider amendment No. 7 printed in Either wait for CMS and fail to have are not legally binding and may not be part A of House Report 115–2. the required forms to its customers in relied upon by an agency as legal Mr. YOUNG of Iowa. Mr. Chairman, I time for the new year or send the forms grounds for agency action. have an amendment at the desk. to print, cross your fingers, say a pray- This provision additionally requires The Acting CHAIR. The Clerk will er, roll the dice, and hope they will agencies to make this document avail- designate the amendment. later be found in compliance. able to the public and provide a plain The text of the amendment is as They sent the forms to print knowing and prominent statement that the doc- follows: full well they would eat the cost if the ument is not legally binding. Given the forms did not comply. Losses, pen- requirements that already exist in cur- Page 33, line 10, strike ‘‘agencies and’’ and insert ‘‘agencies,’’. alties, litigation, a soiled reputation— rent law and the additional require- Page 33, line 11, insert after ‘‘easy to un- those are the real things the lack of ments imposed by title I of this bill, it derstand,’’ the following: ‘‘and issues guid- guidance and notice causes. Thank- is difficult to ascertain why an addi- ance in a manner sufficient to provide at fully, everything worked out in this tional 90-day compliance period for least 90 days for affected entities to take situation, but in other situations, guidance that is not legally binding is steps to comply with such guidance,’’. things haven’t worked out. A few days warranted. The Acting CHAIR. Pursuant to after they sent the forms to print, CMS Furthermore, in all cases, regulated House Resolution 33, the gentleman finally approved. entities have ample opportunity to from Iowa (Mr. YOUNG) and a Member However, this situation illustrates a challenge rules, including guidance, as opposed each will control 5 minutes. broader problem that occurs too often ‘‘arbitrary or capricious’’ under the The Chair recognizes the gentleman transcending in other instances Administrative Procedure Act where from Iowa. through the economy and needs to be an agency lacks statutory authority to Mr. YOUNG of Iowa. I thank the gen- addressed. We need to make sure that issue the guidance or the guidance is tleman from Virginia for his help and when we give agencies the power to ef- otherwise legally unsound. leadership on this issue. fectively write law, we ensure compli- Indeed, as Justice Elena Kagan noted Mr. Chairman, this amendment is de- ance guidelines are clear-cut, timely, in 2015 in Paralyzed Veterans v. Mort- signed to make an already very good and enforcement is fair. gage Bankers, the APA contains a vari- bill even better. Regulators regulate. Allowing the regulatory process to ety of constraints on agency decision- That is what they do. Regulators regu- continue as is and agencies to issue making, the arbitrary and capricious late businesses, large and small, State needed guidance at the last minute, we standard being among the most nota- and local governments, nonprofits, in- only further burden Americans in their ble. Accordingly, I oppose the amend- dividuals, et cetera. These regulated organizations, businesses, these indi- ment, and I urge my colleagues to do entities often rely on guidance from viduals in our districts. agencies to become compliant with a So I want to be clear what the the same. Mr. Chair, I yield back the balance of new rule or regulation; but, occasion- amendment does not do. This amend- my time. ally, this guidance is offered far too ment does not change a rule or regula- Mr. YOUNG of Iowa. Mr. Chairman, late in the process, leaving entities tion in any way. It does not direct the how much time do I have left? with the decision to either move for- Office of Information and Regulatory The Acting CHAIR. The gentleman ward without guidance and face pos- Affairs to do or speak to anything else has 1 minute remaining. sible penalties, litigation, losses, or to other than the timeliness issue I just Mr. YOUNG of Iowa. Mr. Chair, I wait until guidance is offered and then described. It is pretty plain language. yield 1 minute to the gentleman from scramble to implement changes before My amendment says, when guidance is Virginia (Mr. GOODLATTE), the chair- the deadline, increasing the likelihood forthcoming, it arrives in a timely man. for mistakes and failure. manner. Mr. GOODLATTE. Mr. Chair, I thank My amendment seeks to ensure guid- Mr. Chairman, it is past time for the gentleman for the time. ance is offered and available in a time- Congress to rein in and approve this I support his amendment. Agency ly manner by instructing agencies to process so our constituents aren’t left guidance is a crucial part of our regu- the Office of Information and Regu- with uncertainty, wringing their hands latory system—flexible because not le- latory Affairs to issue guidance at waiting for Washington, and can, in- gally binding, but needed so regulated least 90 days before a rule or a regula- stead, get to work. Let’s get this fixed entities can understand how best to tion goes into effect so that affected right now, Mr. Chairman. comply with agency rules. entities have time to comply. I urge my colleagues to support this Guidance, if it responds in a timely As an example, companies recently amendment and the underlying bill. way to the regulated community’s need experienced the hardships of late guid- Mr. Chair, I reserve the balance of for it, helps everything to function ance from HHS through CMS. There is my time. smoothly. But one thing that does not a company in Iowa and similar compa- Mr. JOHNSON of Georgia. Mr. Chair, help is agency heel-dragging in the nies from around America that produce I claim the time in opposition. issuance of guidance as the regulated forms, using post acute healthcare re- The Acting CHAIR (Mr. GRAVES of community comes up against legal or imbursements, including skilled nurs- Louisiana). The gentleman is recog- practical deadlines by which it needs to ing and home care, both of which re- nized for 5 minutes. implement compliance measures. Too ceive funding through Medicare. Mr. JOHNSON of Georgia. Mr. Chair, often agencies hurry up and wait to CMS is responsible for setting rules I appreciate my friend Mr. YOUNG’s produce needed guidance, then tell for the reimbursement forms. Okay. amendment which establishes a 90-day those who waited long and hard for it Fine. CMS specified a new set of rules compliance period for guidance docu- to hurry up and respond, pronto. That for forms going into effect at the begin- ments when, in the underlying legisla- can leave very little time for the regu- ning of the year. Okay. Great. This tion, it makes clear that during any lated community to act before dead- company and other companies waited compliance period for guidance it is lines hit.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.076 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H355 To solve this problem, the amend- years, has been one of the most effec- tion can go hand in hand. Since 1970, ment offers a simple but much-needed tive public health laws on the books. In we have cut harmful air pollution by solution. It requires that, within 1970, at a time when smog was dense about 70 percent, and the U.S. economy ‘‘good-guidance’’ guidelines to be and visible in our cities and towns and has more than tripled. issued by the Office of Information and industrial areas, our leaders took an I urge my colleagues to side with Regulatory Affairs under the bill, there important step to protect the public hardworking American families and be guidelines for agencies generally to health and regulate emissions of haz- not corporate polluters who love this assure at least 90 days for regulated en- ardous air pollutants by adopting the bill. Don’t prioritize polluter profits tities to institute measures consistent Clean Air Act, with only one ‘‘nay’’ over science and the health and safety with newly issued guidelines. vote here in the entire Congress. Since of the public, especially the most vul- I support the amendment. then, agency rules and regulations nerable among us. Mr. YOUNG of Iowa. Mr. Chair, I have been adopted to implement the I reserve the balance of my time. yield back the balance of my time. act based upon the best science. Those Mr. MARINO. Mr. Chair, I claim the The Acting CHAIR. The question is vital policies have improved our time in opposition to the amendment. on the amendment offered by the gen- health, protected all Americans from The Acting CHAIR (Mr. YOUNG of tleman from Iowa (Mr. YOUNG). harmful air pollution, such as ozone, Iowa). The gentleman from Pennsyl- The amendment was agreed to. nitrogen dioxide, sulphur dioxide, and vania is recognized for 5 minutes. AMENDMENT NO. 8 OFFERED BY MS. CASTOR OF particle matter. Mr. MARINO. Mr. Chair, the gentle- FLORIDA This Republican bill, H.R. 5, largely, woman’s amendment would strike from The Acting CHAIR. It is now in order would end our ability to develop future the bill the Separation of Powers Res- to consider amendment No. 8 printed in safeguards for clean air. Toxic pollut- toration Act and the core judicial re- part A of House Report 115–2. ants like ozone, which is a major com- view provisions of the Regulatory Ac- Ms. CASTOR of Florida. Mr. Chair, I ponent of smog, are linked to asthma, countability Act. The resulting legisla- have an amendment at the desk. lung and heart disease, and result in tion, rather than restore an adequate The Acting CHAIR. The Clerk will thousands of deaths every year and up framework of checks and balances designate the amendment. to 1 million days of missed school. Our against agency overreach and abuse, The text of the amendment is as fol- kids are particularly susceptible to would perpetrate and perpetuate fea- lows: this type of pollution because their tures among the worst of our current, Page 36, strike line 10 and all that follows lungs are still developing, and they are runaway regulatory system. We cannot through page 37, line 9. Page 38, strike line 11 and all that follows more likely to spend long periods out- complete true regulatory reform with- through page 39, line 12. doors, placing them at higher risk. out restoring to the judicial branch the Add, at the end of the bill, the following The American Lung Association vigorous powers of judicial review the (and conform the table of contents accord- states that inhaling smog pollution is amendment would strike. ingly): like getting a sunburn on your lungs In addition, the bill would exclude TITLE VII—EXCEPTION FOR CERTAIN and often results in immediate breath- from title I’s critical rulemaking re- RULES ing trouble. The University of South forms all rules to reduce the incidence SEC. 701. EXCEPTION FOR CERTAIN RULES. Florida’s Department of Child & Fam- of cancer, premature mortality, asth- This Act, and the amendments made by ily Studies did a study in 2014 and said, ma attacks, and respiratory diseases in this Act, shall not apply in the case of a rule in the State of Florida alone, there children and seniors. (as such term is defined in section 551 of title were 48,674 asthma emergency room All of us support the reduction of 5, United States Code) that will result in a reduced incidence of cancer, premature mor- visits by children and over 6,500 asthma morbidity and mortality among chil- tality, asthma attacks, or respiratory dis- hospitalizations. dren and seniors. Rules to advance ease in children or seniors. The provisions of Any American who has been alive these goals, done properly, contribute law amended by this Act, as in effect on the since the adoption of the Clean Air Act substantially to our Nation’s health day before the date of the enactment of this in the 1970s has an appreciation for the and well-being, but the bill does noth- Act, shall apply to such rules. benefits of clean air. America is ing to frustrate the effective achieve- The Acting CHAIR. Pursuant to stronger and Americans are healthier ment of those goals. It simply assures House Resolution 33, the gentlewoman because of the Clean Air Act. the agencies issuing these types of from Florida (Ms. CASTOR) and a Mem- Let’s not go backwards. This bill, if rules—and all agency rulemaking in ber opposed each will control 5 min- adopted, would undermine the Clean general—will avoid unnecessary and utes. Air Act and so many other policies overreaching regulation and issue The Chair recognizes the gentle- that lift and protect our neighbors. smarter, less costly regulation and woman from Florida. We still have work to do when it guidance when necessary. Ms. CASTOR of Florida. Mr. Chair, I comes to the air that we breathe be- I urge my colleagues to oppose the rise to offer an amendment to this cause, even with all of the progress we amendment. troubling bill, a bill that proposes to have made, many working class com- I reserve the balance of my time. erode the separation of power safe- munities continue to bear the brunt of Ms. CASTOR of Florida. Mr. Chair- guards in the United States Constitu- environmental pollution because often- man, I urge my colleagues to vote tion. My amendment would exempt times the only homes that are afford- ‘‘yes’’ on the Castor amendment to pro- from this bill rules that protect chil- able are located near industrial sites. tect children’s health, to protect the dren and older Americans from cancer, According to the NAACP, 78 percent of health of our older neighbors. We value premature mortality, asthma attacks, African Americans live within 30 miles the air that we breathe. and respiratory disease so that such of an industrial power plant and 71 per- H.R. 5 would inject unnecessary bar- rules are not irresponsibly delayed or cent of African Americans live in coun- riers into the ability of our environ- denied. ties that violate Federal air pollution mental agencies—heck, all of the agen- H.R. 5 unreasonably condemns every standards; and the Environmental De- cies of government—to protect us. major rule, no matter its subject, to an fense Fund found that our Latino When it comes to the final bill itself, early bureaucratic demise at the hands neighbors are three times more likely if you believe in checks and balances as of the special interests. Many laws and to die from asthma, often for the same a foundation of our constitutionally- regulations that are adopted and devel- reasons. based government, I urge my col- oped to protect the public health and If you establish such barriers to leagues to oppose the bill. protect costly chronic diseases really cleaning our air, it is not only our fam- I yield back the balance of my time. shouldn’t be put on the back burner ilies and neighbors that will suffer, but just because special interests can of- it will also be the American economy. b 1630 tentimes muck up the gears of govern- Far from being an economic burden, Mr. MARINO. Mr. Chairman, I be- ment here in Washington. clean air protections in the U.S. have a lieve in the Constitution just like ev- For example, the Clean Air Act, great track record, demonstrating that eryone else does, and primarily we, as which has been in place for over 40 economic growth and pollution reduc- congressmen and congresswomen, have

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.079 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H356 CONGRESSIONAL RECORD — HOUSE January 11, 2017 a responsibility to make the laws, not With H.R. 5, we are getting six re- I ask my colleagues to support this unelected bureaucrats who have no ex- form bills rolled into one. This sweep- commonsense amendment to ensure perience in a lot of the areas where ing regulatory bill would cumulatively that we protect the public and health they are making these laws. add 60 new procedural and analytical and safety of our constituents. I yield back the balance of my time. requirements to the agency rule- I reserve the balance of my time. The Acting CHAIR. The question is making process, invite frivolous litiga- Mr. MARINO. Mr. Chairman, I claim on the amendment offered by the gen- tion against agencies, empower special the time in opposition to the amend- tlewoman from Florida (Ms. CASTOR). interests, and emphasize cost-saving ment. The question was taken; and the Act- over public protection. The Acting CHAIR (Mr. FORTEN- ing Chair announced that the noes ap- If enacted, H.R. 5 will needlessly cre- BERRY). The gentleman from Pennsyl- peared to have it. ate such an enormous burden on the vania is recognized for 5 minutes. Ms. CASTOR of Florida. Mr. Chair, I rulemaking process that it threatens Mr. MARINO. Like the previous demand a recorded vote. to hamstring agencies and discourage amendment, the gentleman’s amend- The Acting CHAIR. Pursuant to them from pursuing new rules at all. In ment would strike from the bill the clause 6 of rule XVIII, further pro- its present form, this bill endangers Separation of Powers Restoration Act ceedings on the amendment offered by our Nation’s environmental, public and core judicial review provisions of the gentlewoman from Florida will be health, workplace safety, and con- the Regulatory Accountability Act. postponed. sumer financial security protections. Faced with a runaway administrative AMENDMENT NO. 9 OFFERED BY MR. CICILLINE My amendment would offer critical state, we must not gut the bill’s cru- The Acting CHAIR. It is now in order protection by exempting rules per- cial reinforcements of judicial checks to consider amendment No. 9 printed in taining to the prevention of the trans- and balances against agency overreach part A of House Report 115–2. mission of foodborne illness or assist- and abuse. For this reason alone, the Mr. CICILLINE. Mr. Chairman, I ance to food facilities to meet preven- amendment should be rejected. In addition, the bill would exclude have an amendment at the desk. tive-control requirements for safety. The Acting CHAIR. The Clerk will Protecting consumers from dan- from title I’s long-needed rulemaking designate the amendment. gerous food contamination is a worthy reforms numerous types of food safety The text of the amendment is as fol- goal in and of itself. And this amend- regulations. All of us support food safe- ty. But the bill does nothing to frus- lows: ment would go even further by pro- trate the protection of food safety. In Page 36, strike line 10 and all that follows tecting jobs and businesses. For exam- fact, it clearly calls upon regulatory through page 37, line 9. ple, in 2015, Blue Bell Creameries suf- agencies to achieve their statutory ob- Page 38, strike line 11 and all that follows fered a deadly listeria contamination jectives in this and all areas. Beyond through page 39, line 12. crisis and had to recall 8 million gal- Add, at the end of the bill, the following that, it simply ensures that agency lons of ice cream. After the company (and conform the table of contents accord- rulemaking will avoid unnecessary and shut down most of its production, Blue ingly): overreaching regulations and produce Bell was forced to lay off 1,450 employ- TITLE VII—EXCEPTION FOR CERTAIN smarter, less costly regulation and ees from their jobs, or 37 percent of RULES guidance when necessary. SEC. 701. EXCEPTION FOR CERTAIN RULES. their workforce, and an additional 1,400 I urge my colleagues to oppose the This Act, and the amendments made by employees were furloughed. amendment. this Act, shall not apply in the case of a rule Chipotle is also still reeling from I reserve the balance of my time. (as such term is defined in section 551 of title various outbreaks of E. coli, sal- Mr. CICILLINE. Mr. Chairman, I 5, United States Code) pertaining to the pre- monella, and norovirus over 2015 and thank my friend from Pennsylvania for vention of the transmission of foodborne ill- 2016, which caused widespread panic his comments, but the assertion that ness or assistance to domestic and foreign among customers and the company’s this does nothing to frustrate or jeop- food facilities to meet preventive-control re- shareholders. Despite marketing ef- quirements for safety, such as hazard preven- ardize food safety is not true. This cre- tion practices in human and animal food forts to repair its reputation, ates 60 new procedural and analytical processing, packing, and storage facilities. Chipotle’s sales have steadily declined, requirements to agency action, and The provisions of law amended by this Act, and it plans to open fewer stores in that will invite frivolous litigation, as in effect on the day before the date of the 2017. This, in turn, had a domino effect empower special interests, emphasize enactment of this Act, shall apply to such on Chipotle’s paper bowl supplier who cost saving over public protection, and rules. laid off 5 percent of its employees be- make implementation of these rules al- The Acting CHAIR. Pursuant to cause of decreased demand from most impossible. House Resolution 33, the gentleman Chipotle. It is important to remember, Mr. from Rhode Island (Mr. CICILLINE) and Afterward, both Blue Bell and Chairman, when issuing a rule, Federal a Member opposed each will control 5 Chipotle took aggressive remedial agencies already are required to adhere minutes. steps, such as conducting deep cleans- to a rigorous analytical process of con- The Chair recognizes the gentleman ing of equipment and facilities, chang- sidering alternatives, justifying the from Rhode Island. ing food preparation procedures, hiring cost of the rule, and considering input Mr. CICILLINE. Mr. Chairman, the food safety consultants, training em- from stakeholders. I gave two examples bill before us today promises to update ployees, and temporarily suspending in my earlier comments that dem- the ways that agencies make and en- operations. The FDA responded by pro- onstrate that there is a real role for force their rules and regulations. But posing proactive rules, such as having the Federal Government in the imple- in many ways, it is a solution in search manufacturers come up with a plan to mentation of rules to protect food safe- of a problem. When issuing a rule, Fed- identify potential food safety problems ty. There are real consequences not eral agencies must already adhere to and how to respond to them. The FDA only to the individuals harmed but to rigorous analytical process of consid- also proposed a rule to establish stand- our economy by these sorts of events. ering alternatives, justifying the cost ards for growing, harvesting, packing, This bill will not only frustrate that, of a rule, and considering input from and handling produce. in many instances, it will make it im- stakeholders. Both these rules could greatly assist possible. I urge my colleagues to sup- Within this framework, agencies businesses in minimizing future food port this commonsense amendment. have been granted the necessary lati- contamination and having to deal with I yield back the balance of my time. tude to react quickly to urgent crises the economic aftermath of an out- Mr. MARINO. Mr. Chairman, I re- in consumer safety. It has preserved break. However, under H.R. 5 in its cur- spectfully disagree with my friend and the safety of our food and our drinking rent form, similar such FDA rules NATO member. We have traveled to- water and has protected our families could be delayed by years or halted en- gether. from defects in the products that we tirely. We can’t afford to put consumer A lot of the delay now is because of rely upon every day. However, the pas- safety and our economy at risk while the agencies and how long they take to sage of this bill would put that safety Congress entangles any real possibility make decisions. With the premise be- and that protection at risk. for immediate and preventative action. hind our bills combined, agencies come

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.082 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H357 up with an idea that they think will Since then, President Obama’s ‘‘North Powers Restoration Act and the essen- improve the quality of life, and that is Star’’ on domestic policy has long been tial judicial review provisions of the what they should be doing. But then to make the economy work for the Regulatory Accountability Act. It, too, they immediately send it to us in the middle class and for those fighting to should be rejected for those reasons. House, in Congress, and then we make join it. Notwithstanding historic aus- In addition, the bill would exclude the determination as to whether it is terity levels and a Republican Congress from title I’s rulemakings reforms nu- good law or it is bad law and apply it more interested in winning elections merous types of rule related to employ- that way. We certainly have the time than putting Americans back to work ment and wages. But once again, the in the House, and I am sure the Senate or increasing wages, President Obama bill does nothing to prevent good rules has the time, too, to address these has largely achieved this goal, while in these areas. On the contrary, it matters quickly and not delay it as rescuing the auto industry and signing would produce better rules, rules that long as the agency has been delaying tax cuts for middle class persons, as op- are smarter and less costly, freeing re- making rules. posed to just simply big business. sources for job creation and higher I yield back the balance of my time. According to the leading economic wages. I urge my colleagues to oppose The Acting CHAIR. The question is data, private sector businesses have the amendment. on the amendment offered by the gen- created more than 15 million new jobs. I reserve the balance of my time. tleman from Rhode Island (Mr. The unemployment rate has dropped Mr. JOHNSON of Georgia. Mr. Chair- CICILLINE). well below 5 percent to the lowest man, I yield the balance of my time to The question was taken; and the Act- point in nearly a decade, wages are ris- the gentlewoman from Texas (Ms. ing Chair announced that the ayes ap- ing, and the poverty rate has dropped JACKSON LEE). peared to have it. to the lowest point since 1968. And Ms. JACKSON LEE. Mr. Chairman, I Mr. MARINO. Mr. Chairman, I de- more people have health insurance applaud Mr. JOHNSON, the ranking mand a recorded vote. than ever before. member of the subcommittee for his The Acting CHAIR. Pursuant to This has all occurred during an ad- leadership on these issues, and the clause 6 of rule XVIII, further pro- ministration that is pro environment, ranking member of the full committee, ceedings on the amendment offered by pro clean energy, pro workplace safety, Mr. CONYERS, for his persistent leader- the gentleman from Rhode Island will pro medical care, pro Medicare, pro ship, having gone over this bill any be postponed. Medicaid, pro Social Security. In fact, number of times. Let me mention that during this time, our Nation has dou- Mr. JOHNSON’s amendment is vital be- AMENDMENT NO. 10 OFFERED BY MR. JOHNSON bled its production of clean energy and OF GEORGIA cause it deals with vulnerable work- reduced carbon emissions faster than The Acting CHAIR. It is now in order force individuals, individuals with dis- any other advanced nation. abilities, limited English proficiency, to consider amendment No. 10 printed Notwithstanding this progress, there and other requirements. And I would in part A of House Report 115–2. is still much work to be done for mil- beg to differ with my good friend from Mr. JOHNSON of Georgia. Mr. Chair- lions of Americans in every part of our Pennsylvania, 70 different elements of man, I have an amendment at the desk. country who are out of work, under- criteria that you will put these regula- The Acting CHAIR. The Clerk will employed, or have not seen significant designate the amendment. wage growth postrecession. But they tions through, you are simply trying to The text of the amendment is as fol- should understand it was the Repub- implode those who advocate for the lows: licans who caused that to happen by rights of workers, unions, and others. Page 36, strike line 10 and all that follows not wanting to work with the Presi- Therefore, I would question the viabil- through page 37, line 9. dent and members of the Democratic ity of trying to obstruct, helping these Page 38, strike line 11 and all that follows Party to make things better for work- vulnerable workers. This is a very good through page 39, line 12. amendment. Add, at the end of the bill, the following ing people in this country. Congress should be working tirelessly Let me be very clear. Since 2010, U.S. (and conform the table of contents accord- businesses have added 15.6 million jobs. ingly): now across party lines to find solutions to persistent unemployment and stag- From 2014 to 2015, real median house- TITLE VII—EXCEPTION FOR CERTAIN hold income grew by 5.2 percent. We RULES nant wages, such as a public infrastruc- ture investment agenda that will in- know that, as Jason Furman, chairman SEC. 701. EXCEPTION FOR CERTAIN RULES. crease productivity and domestic out- of the Council of Economic Advisers This Act, and the amendments made by put while turning the page on our his- notes, demographic changes in labor this Act, shall not apply in the case of a rule force participation, primarily driven (as such term is defined in section 551 of title toric underinvestment in our Nation’s 5, United States Code) pertaining to signifi- roads, bridges, and educational institu- by a large increase in retirement by cantly improving the employment, reten- tions. baby boomers that began in 2008, has tion, and wages of workforce participants, Unfortunately, this bill, H.R. 5, is not consistently weighed on employment especially those with significant barriers to one of those solutions. The Regulatory growth. It is quite different from when employment, such as persons with disabil- Accountability Act is nothing short of President Reagan was in. The labor ities or limited English proficiency. The pro- a train wreck for critical public health force participation rate is low because visions of law amended by this Act, as in ef- and safety protections that ensure that of these variables. fect on the day before the date of the enact- ment of this Act, shall apply to such rules. our air is clean, our water is pure, and b 1645 that our workplace, vehicles, homes, The Acting CHAIR. Pursuant to and consumer products are safe. These regulations are not going to House Resolution 33, the gentleman Freeing corporations from the costs improve that participation. The Obama from Georgia (Mr. JOHNSON) and a of protecting Americans against harm- recovery has been slower because, Member opposed each will control 5 ful activity is not the right path for- under Reagan, we realized the baby minutes. ward to increasing employment and boomers were in their prime. Now the The Chair recognizes the gentleman wages for all. It is a giveaway to the baby boomers are retiring. from Georgia. corporate sector that supports them. I We need to provide opportunities for Mr. JOHNSON of Georgia. Mr. Chair- urge my colleagues to support my younger workers, minority workers, man, I rise in support of my amend- amendment. workers with disabilities; and this, ment to H.R. 5 which would exempt I reserve the balance of my time. H.R. 5, with all of these hoops that the from the bill rules that improve the Mr. MARINO. Mr. Chairman, I claim regulation has to go through that are employment retention and wages of the time in opposition to the amend- protecting or empowering workers or workforce participants, especially ment. increasing the opportunities for work- those with significant barriers to em- The Acting CHAIR. The gentleman ers is certainly going to thwart that ployment. from Pennsylvania is recognized for 5 growth. When President Obama took office in minutes. You cannot deny that this adminis- 2009, he inherited the worse economic Mr. MARINO. This amendment would tration has seen growth with 200,000- depression since the Great Depression. strike from the bill the Separation of plus jobs per month over a series of

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.085 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H358 CONGRESSIONAL RECORD — HOUSE January 11, 2017 years. I would argue that Mr. JOHN- Would the gentleman not count auto- The Acting CHAIR. Pursuant to SON’s amendment is a strong amend- mation and technology as one of the House Resolution 33, the gentleman ment. It promotes job growth, and it elements and, as well, the idea of the from California (Mr. RUIZ) and a Mem- gives opportunities to many who are retiring of baby boomers as part of the ber opposed each will control 5 min- vulnerable in the workforce. issue of growth? And can we not work utes. I ask my colleagues to support the together to question those particular The Chair recognizes the gentleman Johnson amendment. elements so that we can collectively from California. Mr. Chair, my Republican colleagues have and collaboratively promote job Mr. RUIZ. Mr. Chairman, I rise today made several statements concerning eco- growth? in support of my amendment to H.R. 5, nomic activity that invite fact checks: Mr. MARINO. Well, first of all, I which will ensure children’s products First, they argue that the labor force partici- would certainly enjoy working on job are safe for use. pation rate is historically low, but as we all growth with the gentlewoman. We have know, the labor force participation is affected worked on issues in the past. In 2015, there were an estimated by both long term trends and short term poli- But the gentlewoman forgets about 254,200 toy-related injuries treated in cies. As Jason Furman, the Chairman of the the technology that has created jobs. emergency departments across the Na- Council of Economic Advisers, notes, People have to write those programs. tion. Tragically, 15 children were killed ‘‘demograpic changes in labor force participa- People have to build that hardware. in toy-related incidents that same tion—primarily driven by a large increase in They have to come up with very in- year. As an emergency medicine physi- retirement by baby boomers that began in tense, very intricate ways to make the cian, I have treated children who have 2008—have consistently weighed on employ- machinery, continue updating the soft- fallen victim to these accidents. ment growth.’’ ware. My daughter is a software major H.R. 5, the Regulatory Account- Second, they argue that the Obama recov- in college, and the jobs there are abun- ability Act, prioritizes cheaper alter- ery has been slower than the economic recov- dantly available. natives for companies over the safety ery under the Reagan Administration. But this So the jobs are there, but what I am of our children. To me, this is uncon- argument is laughable. President Reagan’s re- hearing from people in my district and scionable. It is wrong. It is not the di- covery benefited from the fact that many baby across the country is the regulations rection we should be taking our Na- boomers were in the prime working years that have been imposed, not only by tion. while President Obama’s recovery has taken this administration but other adminis- My amendment to H.R. 5 will ensure place in front of the backdrop of an aging U.S. trations as well, are crushing particu- population. More importantly, the economic that an agency rule regarding the safe- larly our small businesses. ty of children’s products or toys is not lows of the Reagan Administration are not So if we can step back and eliminate delayed by the bureaucratic hurdles comparable to the mortgage-foreclosure crisis, these job-crushing regulations and that H.R. 5 imposes on Federal agen- which resulted in higher unemployment than take into consideration the economics cies. My simple amendment provides a any other period since the Great Depression. involved, we are going to create more straightforward safety net for our sons Finally, despite many bald assertions, my jobs, we are going to protect people, and daughters across the country. Republican colleagues have not satisfactorily and we are going to protect the health explained how H.R. 5 will create a single job of people. Our children should always be our or responded to President Obama’s unim- Mr. Chairman, I yield back the bal- priority. The facts are clear: a vote peachable jobs record. In fact, despite, strong ance of my time. against my amendment is a vote to put economic headwinds and years of Republican The Acting CHAIR. The question is a company’s bottom line above the obstructionism during the majority of his presi- on the amendment offered by the gen- safety of our children. So I urge all of dency, the U.S. economy is 11.5 percent larg- tleman from Georgia (Mr. JOHNSON). my colleagues to support this common- er than its peak before the 2008 economic cri- The question was taken; and the Act- sense amendment to protect our chil- sis as of the third quarter of 2016. ing Chair announced that the noes ap- dren. Since early 2010, U.S. businesses have peared to have it. Mr. Chairman, I reserve the balance added 15.6 million jobs. Ms. JACKSON LEE. Mr. Chairman, I of my time. From 2014 to 2015, real median household demand a recorded vote. income grew by 5.2 percent, the fastest an- The Acting CHAIR. Pursuant to Mr. MARINO. Mr. Chairman, I rise in nual growth on record, and the United States clause 6 of rule XVIII, further pro- opposition to the amendment. saw its largest one-year drop in the poverty ceedings on the amendment offered by The Acting CHAIR. The gentleman rate since the 1960s. the gentleman from Georgia will be from Pennsylvania is recognized for 5 In closing, there is little evidence supporting postponed. minutes. my Republican colleagues’ claims and if there AMENDMENT NO. 11 OFFERED BY MR. RUIZ Mr. MARINO. Mr. Chairman, like is any doubt that the H.R. 5 will undermine The Acting CHAIR. It is now in order other carve-out amendments just of- workforce participation, my colleagues should to consider amendment No. 11 printed fered, this amendment would strike support my amendment. in part A of House Report 115–2. from the bill the Separation of Powers The Acting CHAIR. The time of the Mr. RUIZ. Mr. Chairman, I have an Restoration Act and the essential judi- gentleman has expired. amendment to H.R. 5 at the desk. cial review protections of the Regu- Mr. MARINO. Mr. Chair, I simply The Acting CHAIR. The Clerk will latory Accountability Act. It should be would add that I ask my colleagues to designate the amendment. rejected. We should not be settling for oppose this amendment. The text of the amendment is as fol- weak judicial review that produces rub- As far as the jobs increase, or lack lows: ber stamps of agency action. We should thereof, that my colleague speaks of, Page 36, strike line 10 and all that follows be voting for the strong judicial review we have had the slowest growth rate in through page 37, line 9. reform in the bill that prevents judi- jobs in the history of this country. Page 38, strike line 11 and all that follows cial rubber stamps. There are millions of people that are through page 39, line 12. unemployed that are not seeking un- Add, at the end of the bill, the following Beyond that, the bill would exclude employment benefits, and they are not (and conform the table of contents accord- from title I’s rulemaking reforms chil- taken into consideration in the unem- ingly): dren’s toys and product safety rules. ployment rate because it is much high- TITLE VII—EXCEPTION FOR CERTAIN But again, the bill does nothing to pre- er than it is; and the mean family in- RULES vent good rules in these areas. It will come is at a low as far back as 14 years SEC. 701. EXCEPTION FOR CERTAIN RULES. produce better rules, rules that are This Act, and the amendments made by smarter and less costly, freeing re- ago. this Act, shall not apply in the case of a rule Ms. JACKSON LEE. Will the gen- sources for job creation and higher (as such term is defined in section 551 of title wages. Smarter rules are precisely tleman yield? 5, United States Code) pertaining to the safe- Mr. MARINO. I yield to the gentle- ty of children’s products or toys. The provi- what we need to protect children’s woman from Texas. sions of law amended by this Act, as in effect health and safety, and more jobs and Ms. JACKSON LEE. I thank the gen- on the day before the date of the enactment higher wages are what are needed to tleman for his kindness. of this Act, shall apply to such rules. help families provide for their children.

VerDate Sep 11 2014 05:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.088 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H359 I urge my colleagues to oppose the (as such term is defined in section 551 of title The question that needs to be asked amendment, and I reserve the balance 5, United States Code) pertaining to work- is: The least cost to whom and at what of my time. place health or safety at mining facilities cost to others? What is the least cost Mr. RUIZ. Mr. Chairman, I want to which are subject to the Federal Mine Safety mandate protection of workers? Is the emphasize what is at stake here. We and Health Act of 1977 (30 U.S.C. 801 et seq.) or workplaces which are subject to the Occu- least cost mandate secondary to work- are talking about delay or forgoing pational Safety and Health Act of 1970 (29 er safety in order to limit cost to cor- regulations that protect our children, U.S.C. 651 et seq.), and which is necessary to porations? And then again, who de- regulations that give parents like me prevent or reduce the incidence of work-re- cides? the peace of mind that when I buy a lated traumatic injury, cancer, or irrevers- Under the bill, some regulations bottle for my daughter, Sky, I know it ible lung disease. The provisions of law could be delayed until the end of any is safe for her to use, and that when I amended by this Act, as in effect on the day litigation, the final determination in a buy a product that is labeled age-ap- before the date of the enactment of this Act, shall apply to such rules. lawsuit which, with trials and appeals, propriate for my daughter, Sage, I can could take years. The bill prohibits the The Acting CHAIR. Pursuant to reasonably expect it will not contain rules from going into effect until the House Resolution 33, the gentleman small parts that Sage could swallow end of the litigation. Now, normally, from Virginia (Mr. SCOTT) and a Mem- and send her to the emergency room you can get an injunction, but that with an obstructed esophagus that will ber opposed each will control 5 min- utes. would require the court to consider the require emergency surgery. likelihood of success of the lawsuit and For me as a dad it is personal, and The Chair recognizes the gentleman the potential harm done if the injunc- for our Nation it is essential. This is from Virginia. tion is issued or not issued. commonsense legislation. Mr. SCOTT of Virginia. Mr. Chair- I urge my colleagues to put aside par- man, this amendment to the Regu- Under H.R. 5, rules could exceed the tisanship, politics, and corporate greed latory Accountability Act, H.R. 5, if least cost alternative, but only if the and to think about the children in adopted, would exempt regulations pro- agency demonstrates that the addi- their lives who could be harmed by this posed by the Mine Safety and Health tional benefits outweigh the additional bill. Vote ‘‘yes’’ on my amendment to Administration or the Occupational costs. This eliminates a well-estab- protect children and save lives. Safety and Health Administration, lished test under OSHA which requires Mr. Chairman, I yield back the bal- MSHA and OSHA, which are needed to ‘‘the most productive standard which is ance of my time. prevent or reduce the incidence of trau- feasible,’’ and that standard obviously Mr. MARINO. Mr. Chairman, respect- matic injury, cancer, or irreversible just invites litigation which will delay fully, the gentleman does not have the lung disease. the final rule for years. market cornered on worrying about the I am deeply concerned that this legis- The problem with the least cost safety of our children. I think anybody lation would impose layers of unneces- framework is that it would tilt the in this room who has children has just sary procedures to the rulemaking playing field to ensure the least cost as much concern for our children. process and provide incentives for friv- for industry but at the expense of What his amendment does is gut—it olous litigation, while hindering work- workers and the American public. Ac- guts—regulations, and what our place safety agencies trying to help cording to expert witnesses before the amendments do—and the way we keep workers safe. Judiciary Committee, this bill will add should be handling these as Congress Current procedures that govern another 2 or 3 years to the regulatory making any laws—will improve the OSHA’s rulemaking already involve an process, and these delays will allow quality of life and improve the protec- extensive review process and stake- preventable injuries and occupational tions. holder engagement from small business diseases to continue unabated. Mr. Chairman, I yield back the bal- review panels, risk assessments, eco- Mr. Chairman, the premise behind ance of my time. nomic feasibility determinations, pub- this legislation is based on the erro- The Acting CHAIR. The question is lic hearings, and multiple opportuni- neous assumption that regulations on the amendment offered by the gen- ties for public comment. issued over the last 8 years have ob- tleman from California (Mr. RUIZ). According to the GAO, to meet these structed job growth; however, employ- The question was taken; and the Act- requirements, it takes OSHA 7 years to ment statistics do not bear this out. ing Chair announced that the noes ap- issue a new safety standard. In fact, it Since the end of the recession, the U.S. peared to have it. required 18 years for OSHA to update a Mr. RUIZ. Mr. Chairman, I demand a economy has gained almost 16 million rule that reduces exposure to beryl- recorded vote. jobs, while establishing the longest The Acting CHAIR. Pursuant to lium, a metal that causes irreversible consecutive months of job growth on clause 6 of rule XVIII, further pro- lung disease, even though there was record. ceedings on the amendment offered by broad agreement between employers I urge my colleagues to support the the gentleman from California will be and unions on the new standard. amendment to ensure that, even if the H.R. 5 imposes 60 additional proce- postponed. bill passes, OSHA and MSHA will be dural steps in order to issue a new rule, AMENDMENT NO. 12 OFFERED BY MR. SCOTT OF able to prevent or reduce the incidence on top of extensive layers of review al- VIRGINIA of traumatic injury, cancer, and irre- The Acting CHAIR. It is now in order ready required by the Administrative versible lung disease. to consider amendment No. 12 printed Procedure Act, the Regulatory Flexi- Mr. Chairman, I reserve the balance in part A of House Report 115–2. bility Act, Data Quality Act, and nu- of my time. Mr. SCOTT of Virginia. Mr. Chair- merous executive orders. The goal of Mr. MARINO. Mr. Chairman, I rise in man, I have an amendment at the desk adding these layers is obvious: to tie opposition to the amendment. made in order under the rule. agencies such as OSHA and MSHA in The Acting CHAIR. The gentleman The Acting CHAIR. The Clerk will red tape so they can’t do their jobs pro- from Pennsylvania is recognized for 5 designate the amendment. tecting workers and improving work- minutes. The text of the amendment is as fol- place safety. Mr. MARINO. Mr. Chairman, I cer- lows: One especially troubling part of the tainly respect what my friend on the Page 36, strike line 10 and all that follows bill would require a super-mandate other side of the aisle has to say, but, through page 37, line 9. that requires agencies to use the least again, I respectfully disagree. Page 38, strike line 11 and all that follows cost alternative instead of the most Once again, my colleagues on the through page 39, line 12. protective rule. Nobody favors exces- other side of the aisle would strike Add, at the end of the bill, the following (and conform the table of contents accord- sive cost, but this requirement over- from the bill the Separation of Powers ingly): rides the carefully balanced require- Restoration Act and the essential judi- TITLE VII—EXCEPTION FOR CERTAIN ments in OSHA that require life and cial review provisions of the Regu- RULES limb must be fully protected, provided latory Accountability Act. That would SEC. 701. EXCEPTION FOR CERTAIN RULES. that the safety requirements are tech- have but one effect: to preserve the This Act, and the amendments made by nically and economically feasible. That freedom to run riot that Washington this Act, shall not apply in the case of a rule is the present law. bureaucrats have enjoyed for decades

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.091 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H360 CONGRESSIONAL RECORD — HOUSE January 11, 2017 as they have racked up roughly $2 tril- before the date of the enactment of this Act, and create regulations, based on con- lion in regulatory burdens on the shall apply to such rules. gressional intent, within a reasonable American people. The Acting CHAIR. Pursuant to amount of time. The amendment also would exclude House Resolution 33, the gentleman It is clear that an overwhelming from title I’s rulemaking reforms from New York (Mr. TONKO) and a number of Members of the House be- workplace safety rules issued by OSHA Member opposed each will control 5 lieve that the EPA needed these tools or the Mine Safety and Health Admin- minutes. when we passed the Lautenberg bill to istration to reduce traumatic injury, The Chair recognizes the gentleman fix the EPA’s chemical program. Let’s cancer, or lung disease. from New York. not tie the agency’s hands as it seeks I would urge my colleagues to read Mr. TONKO. Mr. Chair, last May, effective implementation. We have the bill and listen more closely. The Democrats and Republicans came to- seen what happens with a broken bill does nothing to prevent good rules gether to pass the first major environ- chemical safety law. Let’s not go back in these areas. It will produce better mental law in decades, the Frank R. to that. rules, smarter rules, less costly rules. Lautenberg Chemical Safety for the I would also caution against the bill’s That will free up resources for des- 21st Century Act. Before this reform, it requirement to choose the least costly perately needed job creation, meaning had been widely acknowledged that the regulatory option. People familiar with more workers will have more safe Toxic Substances Control Act, or TSCA will know the term ‘‘least bur- workplaces in which to earn a living. TSCA, was broken. The law was ham- densome,’’ which required the EPA to I urge my colleagues to oppose the pered by litigation since shortly after select the restriction that was dem- amendment, and I reserve the balance it was passed in 1976, and was rendered onstrated to be the least burdensome of my time. almost completely ineffective. to address identified risks. It has only been 7 months since over In practice, this requirement was so b 1700 400 Members voted for this reform, onerous that the EPA was not even Mr. SCOTT of Virginia. Mr. Chair- which requires a number of new able to restrict known carcinogens like man, I yield myself the balance of my rulemakings by the EPA. asbestos. The Lautenberg bill ended time. A primary motivation to reform this requirement. Let’s not reinstate Mr. Chairman, this amendment will TSCA was to remove procedural hur- this problem for our agencies. preserve the ability of the executive dles that were preventing the EPA Personally, I do not believe my branch to promulgate rules, which will from regulating dangerous chemicals. amendment goes far enough. We should save lives and avoid preventable deaths But the bill before us today would im- exempt every major environmental law and disease. A vote for the amendment pose new, unnecessary obstacles in the responsible for protecting Americans’ is a vote for a safe workplace. I would rulemaking process, which will impede air, water, and land from this bill. We have seen in many cases that hope that the amendment would be agencies that already are struggling these rules do not hurt the economy. adopted and save lives. with shrinking budgets and time con- Mr. Chairman, I yield back the bal- They protect public health and provide straints. much greater benefits to society than ance of my time. Even some of the Members that had Mr. MARINO. Mr. Chairman, I yield costs. concerns with TSCA reform, myself in- Many of our bedrock environmental back the balance of my time. cluded, would agree that it is impera- statutes require agencies to review and The Acting CHAIR. The question is tive that these rulemakings go forward update their rules periodically. Mem- on the amendment offered by the gen- efficiently in order to protect public bers of Congress should not prevent an tleman from Virginia (Mr. SCOTT). health and to give the private sector agency from simply doing the job that The question was taken; and the Act- the certainty that it asks for when it is required of it under the law. ing Chair announced that the noes ap- supported the reform effort. But in terms of this amendment and peared to have it. Unlike 233 of my colleagues on the TSCA reform, Congress knew exactly Mr. SCOTT of Virginia. Mr. Chair- other side of the aisle, I did not vote what would be asked of the EPA in man, I demand a recorded vote. for this bill; but I do firmly believe order to carry out the Frank R. Lau- The Acting CHAIR. Pursuant to that the rulemakings required by this tenberg Chemical Safety for the 21st clause 6 of rule XVIII, further pro- law must be done effectively and Century Act when we passed it by a ceedings on the amendment offered by quickly. Unfortunately, the bill before vote of 403–12 just a few months ago. the gentleman from Virginia will be us today would undermine that proc- We cannot tell the EPA to do some- postponed. ess. For the record, I do not believe any thing and then tie its hands and expect AMENDMENT NO. 13 OFFERED BY MR. TONKO amendments will fix the underlying it to get it done. The Acting CHAIR. It is now in order bill, and I hope my colleagues will op- This amendment is simple. Do Mem- to consider amendment No. 13 printed pose this bill later today. bers of this body want to give our regu- in part A of House Report 115–2. While Congress has moved on to latory agencies the tools they need to Mr. TONKO. Mr. Chair, I have an other priorities, the EPA has been hard implement the laws that Congress has amendment at the desk. at work implementing the law as Con- passed? And, in my view, it should not The Acting CHAIR. The Clerk will gress intended. Since being signed into matter if these laws were passed 6 designate the amendment. law in June, the EPA has already put months ago or 60 years ago. Or should The text of the amendment is as fol- into place new processes to review new we make it more difficult to imple- lows: chemicals, which is exactly what this ment effective rulemakings, even when Page 36, strike line 10 and all that follows House instructed them to do. there is legislative consensus about the through page 37, line 9. A number of rulemakings will soon need for them? Page 38, strike line 11 and all that follows get underway focused on how the EPA Mr. Chair, I yield back the balance of through page 39, line 12. prioritizes chemicals for evaluation my time. Add, at the end of the bill, the following and how it will conduct risk evalua- Mr. MARINO. Mr. Chair, I rise in op- (and conform the table of contents accord- tions. Other rules regarding the EPA’s position to the amendment. ingly): chemical inventory and the process for The Acting CHAIR. The gentleman TITLE VII—EXCEPTION FOR CERTAIN collecting fees will also be needed. from Pennsylvania is recognized for 5 RULES The Members that worked on TSCA minutes. SEC. 701. EXCEPTION FOR CERTAIN RULES. reform deferred many of these proce- Mr. MARINO. Mr. Chair, one last This Act, and the amendments made by dural decisions to the EPA because we time, my colleagues on the other side this Act, shall not apply in the case of a rule lacked the expertise necessary to de- of the aisle would strike from the bill (as such term is defined in section 551 of title termine every detail of the most effec- the Separation of Powers Restoration 5, United States Code) made pursuant to the Frank R. Lautenberg Chemical Safety for tive, streamlined regulatory process. Act and the judicial review provisions the 21st Century Act, or the amendments We are not toxicologists or chemists, of the Regulatory Accountability Act. made by that Act. The provisions of law so we empowered the scientists that do One last time, that attempt should be amended by this Act, as in effect on the day this work to receive public feedback rejected.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.093 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H361 We need a strong judiciary, not a su- over and over again just to put a new Management are rules and that they pine one, to stand up to agency over- land management plan in place. These are subject to analysis under the RFA. reach and abuse and protect the liberty new requirements are completely re- The same conclusion—that a land re- and property of the America from the dundant, which is, of course, the point. source management plan is a rule—has long hands of Washington’s restless bu- Federal land management plans al- been reached by the Government Ac- reaucrats. ready go through extensive review, in- countability Office. The amendment also would exclude cluding by the public, before they are Given the potentially significant from title I’s rulemaking reforms rules ever even implemented. One way we consequences to small businesses that issued under the Frank R. Lautenberg know this is that the House Repub- rely on public lands and small commu- Chemical Safety for the 21st Century licans complain constantly about how nities that border those lands, the For- Act. Chemical safety is important to long it takes Federal agencies to come est Service and the Bureau of Land all of us. Congress worked hard on up with a decision. Yet, here they are Management should assess the impacts chemical safety legislation. But it is claiming that this Republican Congress of their plans on these small entities. smarter regulations, supported by knows best how our public lands and That is all this does. sounder science, at less cost that will resources should be managed. We are saying: How is this going to best produce chemical safety under Let’s stop and look at the record. affect small businesses? Seventy per- that act. That is precisely the kind of Last Tuesday, almost every single Re- cent of the new jobs created in America regulation that will happen once the publican Member of this House voted are created by small businesses? 21st century rulemaking reforms in the for a change in our House standing Should we care about what the bureau- Regulatory Accountability Act become rules to calculate the value of all Fed- crats are doing, how it affects those law. eral lands as zero for accounting pur- folks that are creating all these jobs? I urge my colleagues to oppose the poses. Yes, House Republicans agree Common sense says yes, we ought to amendment. that all Federal lands are essentially do that. Mr. Chair, I yield back the balance of worthless. This bill already includes a reform to my time. Then, on Thursday of this week, 229 prepare those agencies to prepare regu- The Acting CHAIR. The question is House Republicans voted against an latory flexibility analyses when they on the amendment offered by the gen- amendment I offered to another bill to are developing changes to resource tleman from New York (Mr. TONKO). declare that climate change is real. management plans to determine how The question was taken; and the Act- Yes, 95 percent of House Republicans small businesses and small commu- ing Chair announced that the noes ap- voted to deny a settled scientific fact. nities would be affected. peared to have it. Yet, here we are today with the same b 1715 Mr. TONKO. Mr. Chair, I demand a House Republicans who deny science; recorded vote. the same House Republicans who think Striking this provision from the bill The Acting CHAIR. Pursuant to public lands are worthless, claiming would do away with a needed reform clause 6 of rule XVIII, further pro- they know how to manage these public for small businesses, such as farmers ceedings on the amendment offered by lands. and ranchers and their small commu- the gentleman from New York will be Science deniers and those who think nities, especially those located in the postponed. our public lands have no value have no Western United States, which contains AMENDMENT NO. 14 OFFERED BY MR. GRIJALVA credibility when they bring legislation the vast majority of Federal lands. The Acting CHAIR. It is now in order to this floor claiming that they want I would also note that my esteemed to consider amendment No. 14 printed to improve public land management. colleague talks about Republicans try- in part A of House Report 115–2. As with health care, as with so many ing to destroy health care in this coun- Mr. GRIJALVA. Mr. Chair, I have an things, they don’t want to improve it; try. That is obviously absurd. We are amendment at the desk. they want to destroy it. trying to save health care. We are try- The Acting CHAIR. The Clerk will Congressional Republicans have ing to make sure that Americans designate the amendment. proved themselves completely incapa- aren’t forced to pay a heck of a lot The text of the amendment is as fol- ble of building or preserving anything. more and have higher deductions, lows: They are only interested in tearing things they can’t afford. Plans right Page 42, strike line 7 and all that follows things down, starting with health, safe- now they are in, they are paying for through line 3 on page 45. ty, and environmental protections for plans and oftentimes get zero health The Acting CHAIR. Pursuant to our people and our communities. care out of those plans because the House Resolution 33, the gentleman This bill would needlessly tip the deductibles are now so high under from Arizona (Mr. GRIJALVA) and a scales in favor of corporate polluters ObamaCare that they can’t even use it. Member opposed each will control 5 who want to be in power to ruin our I think there are a whole lot of peo- minutes. public lands, taking the resources and ple, when this was forced through this The Chair recognizes the gentleman the profits for themselves, leaving the Congress on a purely partisan vote by from Arizona. American people with the mess and the my colleagues, the Democrats at that Mr. GRIJALVA. Mr. Chairman, consequences. time, and by this President, there were today, this Republican Congress is tak- My amendment strikes the section of a lot of Republicans who would have ing a short break from trying to de- this bill intended to turn our public loved to have joined with them to do stroy our healthcare system to try to land management process into nothing something to help people get health destroy the rest of the Federal Govern- more than a board meeting of the care who didn’t have it. That is a wor- ment. American Petroleum Institute. thy cause. But that could have been H.R. 5 is nothing more than Repub- I urge my colleagues to support my done without screwing up everybody licans seeking to micromanage the reg- amendment. else’s health care in this country. That ulatory process to death. They claim Mr. Chairman, I reserve the balance is what they failed to do when they did they only want good government. In of my time. this. We are hoping, in a bipartisan reality, they want no government at Mr. CHABOT. Mr. Chairman, I claim way, we can work together to improve all. They want to wrap Federal agen- the time in opposition to the amend- health care for lots of folks in this cies in so much red tape that they ment. country. We will see if that is going to won’t be able to move to protect our The Acting CHAIR. The gentleman work out or not. health, our safety, or our natural re- from Ohio is recognized for 5 minutes. I would also note that there is no- sources. Mr. CHABOT. Mr. Chairman, a long- body on this side of the aisle who Language in title III tries to prevent standing position of the Chief Counsel thinks we need no government at all, Federal land managers from actually for Advocacy of the Small Business Ad- we need no regulations, we need no managing Federal lands. This language ministration has been that land man- rules; but we don’t want to overregu- would make land managers jump agement plans developed by the Forest late the job creators in this country so through the same procedural hoops Service and by the Bureau of Land that they can’t create jobs. Those jobs

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.096 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H362 CONGRESSIONAL RECORD — HOUSE January 11, 2017 that people don’t get, those are real The Acting CHAIR. The Clerk will quality of Federal regulations as well people; or people who get knocked out designate the amendment. as the overall integrity of the rule- of that employment are real people, The text of the amendment is as fol- making proceeding. When Federal and they have families. We ought to be lows: agencies distribute scientific research supporting them. Overregulation kills Page 75, line 3, strike ‘‘and’’ at the end. supporting a proposed rule, the public those jobs. Page 75, line 13, strike the period at the and those affected by it deserve to be I would finally note, relative to cli- end and insert ‘‘; and’’. certain that the science is of the high- mate change, what we are saying is Page 75, insert after line 13 the following: est quality and have a due process that if we are going to do something, ‘‘(D) a list of all influential scientific infor- mation disseminated or expected to be dis- right to comment meaningfully on the let’s do it in a smart manner. Let’s not seminated by the agency relating to the rule, rules the science intends to support. try to save some things and then including any peer review plans for the infor- My amendment will help protect this knock thousands, probably millions of mation, including— basic principle of good government and Americans out of their jobs. There is a ‘‘(i) the date the information or peer re- ensure fairness in Federal rulemaking smart way of doing it and there is a view was or is expected to be received by the by requiring that the public be pro- wrong way of doing it. We would like agency; vided with a clear timeline for disclo- to do it the smart way. ‘‘(ii) the date the information or peer re- sure of any influential scientific infor- Mr. Chairman, I reserve the balance view was publically disclosed or is expected mation. The amendment will also re- to be publically disclosed, and, if that date is of my time. altered in subsequent reports, a brief expla- quire agencies to offer an explanation Mr. GRIJALVA. Mr. Chairman, I ap- nation for the change; and if they revise the anticipated public re- preciate the comments of my esteemed ‘‘(iii) the Internet address of the informa- lease date of peer reviews. Simply put, colleague. We have to get past the tion or peer review completed and disclosed the Federal agency will no longer be point where we are just talking about or of where the information or peer review able to shield from the public view the repeal. As the President so eloquently will be found, once completed and dis- existence of information that is central said last night, if there is something closed.’’. to evaluating a proposed rule. that is going to improve the health and The Acting CHAIR. Pursuant to We cannot continue to allow the Fed- well-being of the American people rel- House Resolution 33, the gentleman eral agencies to march toward a pre- ative to the Affordable Care Act, then from Florida (Mr. POSEY) and a Mem- determined outcome at the expense of bring it forward. We all have been wait- ber opposed each will control 5 min- sound science and policy. I urge all of ing patiently for the Republican major- utes. my colleagues to support this amend- ity to bring something forward that The Chair recognizes the gentleman ment. not only repeals but replaces. We are from Florida. Mr. Chairman, I reserve the balance still waiting. Mr. POSEY. Mr. Chairman, my of my time. In terms of this amendment, the re- amendment is about transparency and Mr. TONKO. Mr. Chairman, I claim source management plans are the back- accountability. I rise to urge my col- the time in opposition to the amend- bone for every action and approved use leagues to support it. ment offered by the gentleman from on BLM land. It is about scoping. It is When an agency decides to write a Florida. about public input, collaborative with rule or revise an old one, they are The Acting CHAIR. The gentleman State, local, tribal, and user groups sometimes required to share technical from New York is recognized for 5 min- across the spectrum, and that is the or scientific information to support utes. process that is in place now, a process their proposal. For many years, sci- Mr. TONKO. Mr. Chairman, I oppose that deserves to be continued, ratified, entific research has relied upon the this amendment which requires that an and protected. peer review process to ensure quality, agency publish a list of scientific infor- As far as the issue of climate change, integrity, and objectivity of published mation relating to a rule or expected the President eloquently said last work. Peer review is when scientists to relate to the rule for each rule that night that we should go forward on the open their research to the scrutiny of an agency expects to propose for the issue of climate change, putting other experts in their field in order to following year. I am concerned that science and reason as a priority on how receive feedback, criticism, and ensure this amendment would create unin- we have that discussion. Once the ma- their conclusions are sound. tended consequences and operate as a jority is prepared to deal with science Unfortunately, when peer reviews of one-way ratchet to slow down and stop and reason, I think our side of the aisle information return unfavorable com- the rulemaking process by requiring is willing to do so as well. ments or raise unforeseen issues with burdensome disclosures and creating Mr. Chairman, I yield back the bal- the quality of work, some agencies options for procedural gridlock. ance of my time. have acted to silence or hide the cri- Agencies are already required to pub- Mr. CHABOT. Mr. Chairman, I yield tiques. This, of course, is bad science, lish relevant data in support of a rule back the balance of my time. and it results in bad public policy. during these rulemaking processes. The Acting CHAIR (Mr. BYRNE). The A recent example of this abuse oc- Rules that do not appear to be based on question is on the amendment offered curred during a highly technical rule- a reasoned analysis of relevant data by the gentleman from Arizona (Mr. making proceeding in which an agency may be vacated by reviewing courts as GRIJALVA). relied heavily upon a single study that arbitrary or capricious. Moreover, data The question was taken; and the Act- many criticized as profoundly inad- acquired through federally funded re- ing Chair announced that the noes ap- equate. The agency commissioned two search is already accessible to re- peared to have it. peer reviews of the study, which were searchers who have a legitimate pur- Mr. GRIJALVA. Mr. Chairman, I de- completed and returned 2 weeks into pose. mand a recorded vote. the comment period for the public. I am also concerned that because this The Acting CHAIR. Pursuant to However, after both scholars submitted amendment does not define scientific clause 6 of rule XVIII, further pro- highly critical reviews that echoed the information or clarify the scope of this ceedings on the amendment offered by concerns of the many commentators, publication requirement, peer reviewed the gentleman from Arizona will be sadly, the agency withheld the release materials may be taken out of context postponed. of their work to the public. When the or otherwise misused for political pur- The Acting CHAIR. The Chair under- agency finally did release the informa- poses. In so doing, this requirement stands that amendment No. 15 will not tion as required by law, it was on the may chill feedback in the scientific be offered. Friday that marked the very last day community, undermine agencies’ abil- AMENDMENT NO. 16 OFFERED BY MR. POSEY of the comment period as part of a ity to adopt the best rules possible, or The Acting CHAIR. It is now in order massive document dump that buried otherwise manufacture delays in the to consider amendment No. 16 printed the negative reviews. rulemaking process. in part A of House Report 115–2. The political cherry-picking of sci- Any additional requirements in this Mr. POSEY. Mr. Chairman, I have an entific information and manipulation area should strengthen, rather than amendment at the desk. of the public record harms both the weaken, the process of science-based

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.099 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H363 rulemaking. Given these concerns, I the peer review process allows the public to On June 28, 2016—almost two months to urge my colleagues to oppose this better hold government to account and re- the day since the BDS NPRM was first voted amendment. sults in more informed policymaking. upon and the very date initial comments Unfortunately, while the Office of Manage- Mr. Chairman, I yield back the bal- were due the FCC finally made the existence ment and Budget mandates peer review, of the Sweeting and Valletti peer reviews ance of my time. many administrative agencies do not take public. Adding to the commission’s subter- Mr. POSEY. Mr. Chairman, how the peer review process seriously. By way of fuge, the agency chose the same day also: (1) much time do I have remaining? example, I am attaching an op-ed I wrote in to perform a massive data dump into the The Acting CHAIR. The gentleman The Hill last year demonstrating how the record; (2) to release an updated version of from Florida has 2 minutes remaining. Federal Communications Commission fla- the Rysman Appendix; and (3) to introduce Mr. POSEY. Mr. Chairman, most grantly violated the public’s due process three new staff studies (the same staff which members of the public don’t know what rights by hiding until the very last moments are charged with writing the final BDS rules) a rule is. Rules are laws made by the highly-critical results of the agency’s purporting to address, and ultimately cor- peer review of an outside economic study unelected and unaccountable bureau- rect, the shortcomings of the Rysman Ap- which the agency intended to be the pendix. In so doing, the FCC made sure that crats. foundational document to impose price regu- no one could address either these data or We collected 4 years’ worth of Daily lation for Business Data Services. By any ac- studies in their initial comments. Registers in my office. Those are exec- count, such behavior is not an example of For those who care about the integrity of utive orders, rules, proposed rules, ‘‘good’’ government. Legislation to improve our government institutions, the FCC’s con- changes to rules. I ask people how big the public peer review process at federal stant disregard for due process is deeply they think the stack is. I get answers 4 agencies is therefore both welcome and nec- troubling. As the D.C. Circuit recently wrote feet, 6 feet, 7 feet. Well, actually, in 4 essary. in Association of American Railroads v. De- Sincerely, partment of Transportation (2016): years’ time, the stack was 7 stacks LAWRENCE J. SPIWAK, No clause in our nation’s Constitution has over my head—over 70 linear feet of President, The Phoenix Center. as ancient a pedigree as the guarantee that laws made by unelectable, unaccount- ‘‘[n]o person . . . shall be deprived of life, lib- able people. [From The Hill, July 7 , 2016] erty, or property without due process of The public thinks we make the laws. THE FCC’S LACK OF RESPECT FOR DUE law.’’ U.S. CONST. amend. V. Its lineage Most of the laws we don’t make. We PROCESS, PART II reaches back to 1215 A.D.’s Magna Carta, allow unelected, unaccountable bu- (By Lawrence J. Spiwak) which ensured that ‘‘[n]o freeman shall be reaucrats to make the laws; and the Since Tom Wheeler took over the chair- . . . disseised of his . . . liberties, or . . . oth- manship of the Federal Communications erwise destroyed . . . but by lawful judgment very least we can do to protect the of his peers, or by the law of the land.’’ public is ensure that we have trans- Commission (FCC), we have seen one assault after another on American’s procedural due Magna Carta, ch. 29, in 1 E. Coke, The Sec- parency and accountability for their process rights. In addition to the well-docu- ond Part of the Institutes of the Laws of procedures, and that is exactly what mented improprieties with the White House England 45 (1797). Since the Fifth Amend- this amendment does. during the Open Internet debate, Wheeler, ment’s ratification, one theme above all oth- Mr. Chairman, before I close, I in- among other transgressions, has attempted ers has dominated the Supreme Court’s in- clude in the RECORD a letter from a to force nonprofits to reveal their donors in terpretation of the Due Process Clause: fair- leading policy research institution that strict violation of Supreme Court precedent, ness. Id. at 27. hired advocates who had filed in significant Now to be clear, as Justice Benjamin highlights the need for legislation like Cardozo wrote in Snyder v. Massachusetts my amendment that will improve the FCC dockets as an interested party to come into the commission to supervise those very (1934), while ‘‘[d]ue process of law requires public peer review process in our Fed- dockets, and attempted to hold a FCC ‘‘town that the proceedings shall be fair . . . fair- eral agencies. hall’’ in which he had invited an outside ness is a relative, not an absolute, concept. PHOENIX CENTER FOR ADVANCED party to participate and comment on a yet- It is fairness with reference to particular LEGAL & ECONOMIC PUBLIC POLICY to-be-released item during the ‘‘sunshine’’ conditions or particular results.’’ That said, STUDIES, period. as the D.C. Circuit again affirmed just last Washington, DC, January 11, 2017. Wheeler is now at it again, this time in the month in U.S. Telecom Association v. FCC, context of the FCC’s attempt to impose it remains black-letter law that ‘‘[u]nder the Re Republic Peer Review. stringent price regulation for ‘‘business data [Administrative Procedure Act], an NPRM Speaker PAUL RYAN, services’’ (BDS). Let’s look at this shameful must ‘provide sufficient factual detail and Washington, DC. timeline. Sometime last late last year, the rationale for the rule to permit interested Minority Leader NANCY PELOSI, FCC started working on a new regulatory parties to comment meaningfully.’ ’’ Washington, DC. framework for BDS. At the heart of the com- As the FCC has by any reasonable account DEAR SPEAKER RYAN AND MINORITY LEADER mission’s new regulatory framework was an deprived parties with the opportunity to PELOSI: As both of you know first-hand, de- economic appendix prepared by an outside comment meaningfully upon the funda- veloping and implementing good public pol- expert, Marc Rysman of Boston University. mental economic analysis and data upon icy is no easy task. The issues before regu- On April 14, 2016, approximately two weeks which it intends to use to impose rate regu- latory agencies are often complex and tech- before the FCC was to vote on the formal lation for BDS, I think it is safe to argue nical, and therefore resolution benefits from ‘‘Notice of Proposed Rulemaking’’ con- that under even the broadest light, the agen- input from the best minds both in and out of taining its proposed BDS regulatory frame- cy’s conduct in this case is a prima facie vio- government. Yet, simply because someone work, the agency requested outside peer re- lation of procedural due process. writes a lengthy report on a particular topic view (as required by law) of the Rysman Ap- What is the FCC so afraid of? Is it truly does not automatically mean that their pendix from Andrew Sweeting of the Univer- scared to have substantive debate on the analysis is valid. No presumption of sci- sity of Maryland and Tommaso Valletti of issues? Is the outcome so predetermined that entific legitimacy can be afforded when mak- Imperial College Business School (U.K.). it has to resort to kangaroo court tactics ing good public policy. Instead, if policy- Sweeting responded on April 26, 2016 (12 days that would make North Korean leader Kim makers are going to rely on a particular after the peer review request); and Valletti Jong-un proud? Indeed, it is a bit ironic (if study, then that study deserves to be responded on April 28, 2016 (14 days after the not outright hypocritical) that while the critiqued first via public peer review in a dis- peer review request). Neither peer review was FCC is doing everything it can to prevent passionate manner to see if the prescriptions particularly kind to Rysman’s analysis. meaningful comments about a highly com- and findings hold up. This public peer review On April 28, 2016, the FCC voted on its ‘‘No- plex topic, the Obama administration is is exceedingly important when deciding con- tice of Proposed Rulemaking’’ to provide an doing everything in its power to create a cul- troversial matters, particularly because re- aggressive new regulatory paradigm for BDS ture which encourages robo-comments which viewing courts are loath to second-guess ex- (hereinafter ‘‘BDS NPRM’’). Due to editorial offer up nothing substantive to the debate pert administrative agency’s policy deci- privileges, however, the FCC did not for- other than to promote ideological sophistry sions—choosing instead to limit themselves mally release the BDS NPRM until May 2, from both sides of the political spectrum. only to questions of law. (See, e.g., 2016. Although the commission had the And we wonder why (rhetorically) the FCC is USTelecom v. FCC, 825 F.3d 674, 697 (D.C. Cir. Sweetling and Valletti critiques in hand dur- now regarded as an ‘‘economics-free zone,’’ 2016) (we do not ‘‘inquire whether ‘some or ing the editorial privilege window and could as an AT&T executive noted? many economists would disapprove of the have incorporated them into the final BDS Given the D.C. Circuit’s recent proclivity [agency’s] approach’ because ‘we do not sit NPRM, the FCC declined. In fact, the FCC to grant the FCC great deference, no matter as a panel of referees on a professional eco- made no mention of either critique of the how many liberties it may take, restoring nomics journal, but as a panel of generalist Rysman Appendix in its final BDS NPRM, the rule of law at the FCC will ultimately judges obliged to defer to a reasonable judg- choosing instead to keep the existence of the fall into the hands of Congress. Fortunately, ment by an agency acting pursuant to con- Sweeting and Valletti reviews secret from the House Energy and Commerce Committee gressionally delegated authority.’’)) As such, the public. has scheduled yet another oversight hearing

VerDate Sep 11 2014 07:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.101 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H364 CONGRESSIONAL RECORD — HOUSE January 11, 2017 next week with all five members of the Com- Babin Granger Pearce Eshoo Lewis (GA) Roybal-Allard mission in attendance, where perhaps some Bacon Graves (GA) Perlmutter Espaillat Lieu, Ted Ruiz sunlight can be used as a disinfectant. I Banks (IN) Graves (LA) Perry Esty Lipinski Ruppersberger Evans Loebsack therefore encourage the Commerce Com- Barletta Graves (MO) Peterson Sa´ nchez Barr Griffith Pittenger Foster Lofgren mittee members and staff—from both sides Sarbanes Barton Grothman Poe (TX) Frankel (FL) Lowenthal Schakowsky of the aisle—to do their homework, come to Bergman Guthrie Poliquin Fudge Lowey Schiff the hearing prepared, and call Chairman Beutler Harper Posey Gabbard Lujan Grisham, Schneider Gallego M. Wheeler out on the carpet. Biggs Hartzler Ratcliffe Schrader Bilirakis Hensarling Garamendi Luja´ n, Ben Ray Reed Scott (VA) Mr. POSEY. As the letter states: ‘‘No Bishop (MI) Hice, Jody B. Reichert Gottheimer Lynch Scott, David presumption of scientific legitimacy Bishop (UT) Higgins (LA) Renacci Green, Al Maloney, Serrano Black Hill Rice (SC) Green, Gene Carolyn B. can be afforded when making good pub- Sewell (AL) Blackburn Holding Roby Grijalva Maloney, Sean lic policy.’’ Unfortunately, many ad- Shea-Porter Blum Hollingsworth Roe (TN) Gutie´rrez Matsui ministrative agencies make this as- Bost Hudson Rogers (AL) Hanabusa McCollum Sherman sumption and do not take seriously the Brady (TX) Huizenga Rogers (KY) Hastings McEachin Sinema peer review process. For that reason, I Brat Hultgren Rohrabacher Heck McGovern Sires Bridenstine Hunter Higgins (NY) McNerney Slaughter once again urge my colleagues to sup- Rokita Brooks (AL) Hurd Rooney, Francis Himes Meeks Smith (WA) port this good government proposal for Brooks (IN) Issa Rooney, Thomas Hoyer Meng Soto transparency and accountability that Buchanan Jenkins (KS) J. Huffman Moore Speier will help protect the integrity of the Buck Jenkins (WV) Ros-Lehtinen Jackson Lee Moulton Suozzi Bucshon Johnson (LA) Roskam Jayapal Murphy (FL) Swalwell (CA) Federal rulemaking process. Budd Johnson (OH) Ross Jeffries Nadler Takano Mr. Chairman, I yield back the bal- Burgess Johnson, Sam Rothfus Johnson (GA) Napolitano Thompson (CA) ance of my time. Byrne Jones Rouzer Johnson, E. B. Neal Thompson (MS) Calvert Jordan Kaptur Nolan The Acting CHAIR. The question is Royce (CA) Titus Carter (GA) Joyce (OH) Russell Keating Norcross Tonko Kelly (IL) O’Halleran on the amendment offered by the gen- Carter (TX) Katko Rutherford Torres Chabot Kelly (MS) Kennedy O’Rourke tleman from Florida (Mr. POSEY). Sanford Tsongas Chaffetz Kelly (PA) Khanna Pallone Scalise Vargas The amendment was agreed to. Cheney King (IA) Kihuen Panetta Schweikert Veasey ANNOUNCEMENT BY THE ACTING CHAIR Coffman King (NY) Kildee Pascrell Scott, Austin Vela Cole Kinzinger Kilmer Payne Sensenbrenner ´ The Acting CHAIR. Pursuant to Collins (GA) Knight Kind Peters Velazquez Sessions clause 6 of rule XVIII, proceedings will Collins (NY) Kustoff (TN) Krishnamoorthi Pingree Visclosky Shimkus Comer Labrador Kuster (NH) Pocan Walz now resume on those amendments Shuster Comstock LaHood Langevin Polis Wasserman printed in part A of House Report 115– Simpson Conaway LaMalfa Larsen (WA) Price (NC) Schultz Smith (MO) 2 on which further proceedings were Cook Lance Larson (CT) Quigley Waters, Maxine Smith (NE) postponed, in the following order: Costa Latta Lawrence Raskin Watson Coleman Smith (NJ) Costello (PA) Lewis (MN) Lawson (FL) Rice (NY) Welch Amendment No. 1 by Mr. GOODLATTE Smith (TX) Cramer LoBiondo Lee Richmond Wilson (FL) Smucker of Virginia. Crawford Long Levin Rosen Yarmuth Stefanik Amendment No. 5 by Mr. PETERSON Culberson Loudermilk Stewart Curbelo (FL) Love NOT VOTING—12 of Minnesota. Stivers Davidson Lucas Becerra Lamborn Price, Tom (GA) Amendment No. 8 by Ms. CASTOR of Taylor Davis, Rodney Luetkemeyer Cleaver Mulvaney Rush Tenney Florida. Denham MacArthur Gonzalez (TX) Pelosi Ryan (OH) Thompson (PA) Amendment No. 9 by Mr. CICILLINE of Dent Marchant Harris Pompeo Zinke Thornberry Rhode Island. DeSantis Marino DesJarlais Marshall Tiberi ANNOUNCEMENT BY THE ACTING CHAIR Amendment No. 10 by Mr. JOHNSON of Diaz-Balart Massie Tipton Trott The Acting CHAIR (during the vote). Georgia. Donovan Mast There are 2 minutes remaining. Duffy McCarthy Turner Amendment No. 11 by Mr. RUIZ of Upton Duncan (SC) McCaul 1749 California. Duncan (TN) McClintock Valadao b Amendment No. 12 by Mr. SCOTT of Dunn McHenry Wagner Messrs. VARGAS, THOMPSON of Virginia. Emmer McKinley Walberg Walden California, WELCH, JEFFRIES, Amendment No. 13 by Mr. TONKO of Farenthold McMorris Faso Rodgers Walker O’HALLERAN, THOMPSON of Mis- New York. Ferguson McSally Walorski sissippi, Ms. BLUNT ROCHESTER, and Amendment No. 14 by Mr. GRIJALVA Fitzpatrick Meadows Walters, Mimi Mr. PAYNE changed their vote from of Arizona. Fleischmann Meehan Weber (TX) Flores Messer Webster (FL) ‘‘aye’’ to ‘‘no.’’ The Chair will reduce to 2 minutes Fortenberry Mitchell Wenstrup Mr. REED changed his vote from the minimum time for any electronic Foxx Moolenaar Westerman ‘‘no’’ to ‘‘aye.’’ vote after the first vote in this series. Franks (AZ) Mooney (WV) Williams So the amendment was agreed to. Frelinghuysen Mullin Wilson (SC) AMENDMENT NO. 1 OFFERED BY MR. GOODLATTE Gaetz Murphy (PA) Wittman The result of the vote was announced The Acting CHAIR. The unfinished Gallagher Newhouse Womack as above recorded. Garrett Noem Woodall business is the demand for a recorded AMENDMENT NO. 5 OFFERED BY MR. PETERSON Gibbs Nunes Yoder vote on the amendment offered by the Gohmert Olson Yoho The Acting CHAIR. The unfinished gentleman from Virginia (Mr. GOOD- Goodlatte Palazzo Young (AK) business is the demand for a recorded LATTE) on which further proceedings Gosar Palmer Young (IA) vote on the amendment offered by the Gowdy Paulsen Zeldin were postponed and on which the ayes gentleman from Minnesota (Mr. PETER- prevailed by voice vote. NOES—185 SON) on which further proceedings were The Clerk will redesignate the Adams Carbajal Crowley postponed and on which the ayes pre- amendment. Aguilar Ca´ rdenas Cuellar vailed by voice vote. The Clerk redesignated the amend- Barraga´ n Carson (IN) Cummings The Clerk will redesignate the ment. Bass Cartwright Davis (CA) Beatty Castor (FL) Davis, Danny amendment. RECORDED VOTE Bera Castro (TX) DeFazio The Clerk redesignated the amend- The Acting CHAIR. A recorded vote Beyer Chu, Judy DeGette ment. has been demanded. Bishop (GA) Cicilline Delaney Blumenauer Clark (MA) DeLauro RECORDED VOTE A recorded vote was ordered. Blunt Rochester Clarke (NY) DelBene The Acting CHAIR. A recorded vote The vote was taken by electronic de- Bonamici Clay Demings has been demanded. vice, and there were—ayes 237, noes 185, Boyle, Brendan Clyburn DeSaulnier F. Cohen Deutch A recorded vote was ordered. not voting 12, as follows: Brady (PA) Connolly Dingell The Acting CHAIR. This will be a 2- [Roll No. 35] Brown (MD) Conyers Doggett minute vote. Brownley (CA) Cooper Doyle, Michael The vote was taken by electronic de- AYES—237 Bustos Correa F. Abraham Allen Amodei Butterfield Courtney Ellison vice, and there were—ayes 260, noes 161, Aderholt Amash Arrington Capuano Crist Engel not voting 13, as follows:

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[Roll No. 36] Ca´ rdenas Jackson Lee Pallone RECORDED VOTE Carson (IN) Jayapal Panetta AYES—260 Cartwright Jeffries Payne The Acting CHAIR. A recorded vote Abraham Garrett Pascrell Castor (FL) Johnson (GA) Pingree has been demanded. Aderholt Gibbs Paulsen Castro (TX) Johnson, E. B. Pocan A recorded vote was ordered. Chu, Judy Keating Allen Gohmert Pearce Polis The Acting CHAIR. This will be a 2- Amash Gonzalez (TX) Perlmutter Cicilline Kelly (IL) Price (NC) Amodei Goodlatte Perry Clark (MA) Kennedy Quigley minute vote. Clarke (NY) Khanna Arrington Gosar Peters Raskin The vote was taken by electronic de- Clay Kihuen Babin Gowdy Peterson Rice (NY) Clyburn Kildee vice, and there were—ayes 189, noes 231, Bacon Granger Pittenger Richmond Cohen Kilmer not voting 14, as follows: Banks (IN) Graves (LA) Poe (TX) Rogers (AL) Connolly Kind Barletta Graves (MO) Poliquin Rokita [Roll No. 37] Conyers Krishnamoorthi Barr Griffith Posey Rosen Barton Grothman Courtney LaMalfa AYES—189 Ratcliffe Crist Langevin Roybal-Allard Bera Guthrie Adams Gabbard Nadler Reed Cummings Larsen (WA) Ruiz Bergman Harper Aguilar Gallego Napolitano Reichert Davis (CA) Larson (CT) Sa´ nchez Beutler Hartzler Barraga´ n Garamendi Neal Renacci Davis, Danny Lawrence Sarbanes Biggs Hensarling Bass Gonzalez (TX) Nolan Rice (SC) DeFazio Lawson (FL) Schakowsky Bilirakis Hice, Jody B. Beatty Gottheimer Roby DeGette Lee Schiff Norcross Bishop (MI) Higgins (LA) Bera Green, Al Roe (TN) DeLauro Levin Scott (VA) O’Halleran Bishop (UT) Hill Beyer Green, Gene Rogers (KY) DelBene Lewis (GA) Serrano O’Rourke Black Himes Bishop (GA) Grijalva Rohrabacher Demings Lieu, Ted Sewell (AL) Pallone Blackburn Holding Blumenauer Gutie´rrez Rooney, Francis DeSaulnier Loebsack Shea-Porter Panetta Blum Hollingsworth Blunt Rochester Hanabusa Rooney, Thomas Deutch Lofgren Pascrell Bost Hudson Sherman Bonamici Hastings J. Dingell Lowenthal Payne Brady (TX) Huffman Sires Boyle, Brendan Heck Ros-Lehtinen Doggett Lowey Perlmutter Brat Huizenga Slaughter F. Higgins (NY) Roskam Doyle, Michael Lujan Grisham, Peters Bridenstine Hultgren Smith (WA) Brady (PA) Himes Ross F. M. Pingree Brooks (AL) Hunter Soto Brown (MD) Hoyer Rothfus Ellison Luja´ n, Ben Ray Pocan Brooks (IN) Hurd Speier Brownley (CA) Huffman Rouzer Eshoo Lynch Polis Buchanan Issa Swalwell (CA) Bustos Jackson Lee Espaillat Maloney, Price (NC) Buck Jenkins (KS) Royce (CA) Takano Butterfield Jayapal Esty Carolyn B. Quigley Bucshon Jenkins (WV) Ruppersberger Thompson (CA) Capuano Jeffries Evans Maloney, Sean Raskin Budd Johnson (LA) Russell Thompson (MS) Carbajal Johnson (GA) Fitzpatrick Matsui Rice (NY) Burgess Johnson (OH) Sanford Titus Ca´ rdenas Johnson, E. B. Frankel (FL) McCaul Richmond Bustos Johnson, Sam Scalise Tonko Carson (IN) Jones Gallego McCollum Rosen Byrne Jones Schneider Cartwright Kaptur Garamendi McEachin Torres Roybal-Allard Calvert Jordan Schrader Castor (FL) Keating Gottheimer McGovern Tsongas Ruiz Carter (GA) Joyce (OH) Schweikert Castro (TX) Kelly (IL) Graves (GA) McNerney Vargas Ruppersberger Carter (TX) Kaptur Scott, Austin Chu, Judy Kennedy Green, Al Meadows Veasey Sa´ nchez Chabot Katko Scott, David Cicilline Khanna Green, Gene Meeks Vela´ zquez Sarbanes Chaffetz Kelly (MS) Sensenbrenner Clark (MA) Kihuen Grijalva Meng Visclosky Schakowsky Cheney Kelly (PA) Sessions Clarke (NY) Kildee Gutie´rrez Moore Wasserman Schiff Coffman King (IA) Shimkus Clay Kilmer Hanabusa Moulton Schultz Schneider Cole King (NY) Shuster Clyburn Kind Hastings Nadler Watson Coleman Schrader Collins (GA) Kinzinger Simpson Cohen Krishnamoorthi Heck Napolitano Welch Scott (VA) Collins (NY) Knight Sinema Connolly Kuster (NH) Higgins (NY) Norcross Wilson (FL) Scott, David Comer Kuster (NH) Smith (MO) Conyers Langevin Hoyer O’Rourke Yarmuth Serrano Comstock Kustoff (TN) Smith (NE) Cooper Larsen (WA) Sewell (AL) Conaway Labrador Smith (NJ) Correa Larson (CT) NOT VOTING—13 Shea-Porter Cook LaHood Smith (TX) Costa Lawrence Becerra Nolan Rutherford Sherman Cooper Lance Smucker Courtney Lawson (FL) Cleaver Pelosi Ryan (OH) Sinema Correa Latta Stefanik Crist Lee Harris Pompeo Zinke Slaughter Costa Lewis (MN) Stewart Crowley Levin Costello (PA) Lipinski Lamborn Price, Tom (GA) Smith (WA) Stivers Cuellar Lewis (GA) Cramer LoBiondo Mulvaney Rush Soto Suozzi Cummings Lieu, Ted Crawford Long Speier Taylor ANNOUNCEMENT BY THE ACTING CHAIR Davis (CA) Lipinski Crowley Loudermilk Suozzi Tenney Davis, Danny Loebsack Cuellar Love The Acting CHAIR (during the vote). Swalwell (CA) Thompson (PA) DeFazio Lofgren Culberson Lucas There is 1 minute remaining. DeGette Lowenthal Takano Curbelo (FL) Luetkemeyer Thornberry Thompson (CA) Tiberi Delaney Lowey Davidson MacArthur b 1755 DeLauro Lujan Grisham, Thompson (MS) Tipton Davis, Rodney Marchant DelBene M. Titus Trott Mr. NORCROSS changed his vote Delaney Marino Demings Luja´ n, Ben Ray Tonko Turner Denham Marshall from ‘‘aye’’ to ‘‘no.’’ DeSaulnier Lynch Torres Upton Dent Massie Deutch Maloney, Tsongas Valadao Messrs. O’HALLERAN and SCHNEI- DeSantis Mast Dingell Carolyn B. Vargas Vela DER changed their vote from ‘‘no’’ to DesJarlais McCarthy Doggett Maloney, Sean Veasey Wagner Diaz-Balart McClintock ‘‘aye.’’ Doyle, Michael Marchant Vela Walberg Donovan McHenry So the amendment was agreed to. F. Matsui Vela´ zquez Walden Duffy McKinley Ellison McCollum Visclosky Walker The result of the vote was announced Duncan (SC) McMorris as above recorded. Engel McEachin Walz Duncan (TN) Rodgers Walorski Eshoo McGovern Wasserman Dunn McSally Walters, Mimi Stated against: Espaillat McNerney Schultz Emmer Meehan Walz Mr. CROWLEY. Mr. Speaker, during rollcall Esty Meeks Waters, Maxine Waters, Maxine Engel Messer Vote No. 36, I mistakenly recorded my vote as Evans Meng Watson Coleman Farenthold Mitchell Weber (TX) Foster Moore Welch Faso Moolenaar Webster (FL) ‘‘yes’’ when I should have voted ‘‘no.’’ Frankel (FL) Moulton Wilson (FL) Ferguson Mooney (WV) Wenstrup Mr. SOUZZI. Mr. Speaker, during rollcall Fudge Murphy (FL) Yarmuth Fleischmann Mullin Westerman Vote No. 36, I mistakenly recorded my vote as Flores Murphy (FL) Williams NOES—231 Wilson (SC) ‘‘yes’’ when I should have voted ‘‘no.’’ Fortenberry Murphy (PA) Abraham Bishop (UT) Carter (GA) Wittman Foster Neal AMENDMENT NO. 8 OFFERED BY MS. CASTOR OF Aderholt Black Carter (TX) Womack Foxx Newhouse FLORIDA Allen Blackburn Chabot Woodall Franks (AZ) Noem Amash Blum Chaffetz Yoder The Acting CHAIR. The unfinished Frelinghuysen Nunes Amodei Bost Cheney Yoho business is the demand for a recorded Fudge O’Halleran Arrington Brady (TX) Coffman Young (AK) Gabbard Olson vote on the amendment offered by the Babin Brat Cole Young (IA) Gaetz Palazzo gentlewoman from Florida (Ms. CAS- Bacon Bridenstine Collins (GA) Gallagher Palmer Zeldin TOR) on which further proceedings were Banks (IN) Brooks (AL) Collins (NY) Barletta Brooks (IN) Comer NOES—161 postponed and on which the noes pre- Barr Buchanan Comstock Adams Bishop (GA) Brady (PA) vailed by voice vote. Barton Buck Conaway Aguilar Blumenauer Brown (MD) The Clerk will redesignate the Bergman Bucshon Cook Barraga´ n Blunt Rochester Brownley (CA) amendment. Beutler Budd Costello (PA) Bass Bonamici Butterfield Biggs Burgess Cramer Beatty Boyle, Brendan Capuano The Clerk redesignated the amend- Bilirakis Byrne Crawford Beyer F. Carbajal ment. Bishop (MI) Calvert Culberson

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.047 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H366 CONGRESSIONAL RECORD — HOUSE January 11, 2017

Curbelo (FL) Kelly (PA) Rogers (KY) RECORDED VOTE Curbelo (FL) Kelly (MS) Rogers (AL) Davidson King (IA) Rohrabacher Davidson Kelly (PA) Rogers (KY) Davis, Rodney King (NY) Rokita The Acting CHAIR. A recorded vote Davis, Rodney King (IA) Rohrabacher Denham Kinzinger Rooney, Francis has been demanded. Denham King (NY) Rokita Dent Knight Rooney, Thomas A recorded vote was ordered. Dent Kinzinger Rooney, Francis DeSantis Kustoff (TN) J. DeSantis Knight Rooney, Thomas DesJarlais Labrador Ros-Lehtinen The Acting CHAIR. This will be a 2- DesJarlais Kustoff (TN) J. Diaz-Balart LaHood Roskam minute vote. Diaz-Balart Labrador Ros-Lehtinen Donovan LaMalfa Ross The vote was taken by electronic de- Donovan LaHood Roskam Duffy Lance Duffy LaMalfa Ross Rothfus vice, and there were—ayes 190, noes 232, Duncan (SC) Latta Rouzer Duncan (SC) Lance Rothfus Duncan (TN) Lewis (MN) Royce (CA) not voting 12, as follows: Duncan (TN) Latta Rouzer Dunn LoBiondo Russell [Roll No. 38] Dunn Lewis (MN) Royce (CA) Emmer Long Sanford Emmer LoBiondo Russell Farenthold Loudermilk Scalise AYES—190 Farenthold Long Sanford Faso Love Faso Loudermilk Scalise Schweikert Adams Gabbard Napolitano Ferguson Lucas Ferguson Love Schweikert Scott, Austin Aguilar Gallego Neal Fitzpatrick Luetkemeyer Fitzpatrick Lucas Scott, Austin Sensenbrenner Barraga´ n Garamendi Nolan Fleischmann MacArthur Fleischmann Luetkemeyer Sensenbrenner Sessions Bass Gonzalez (TX) Norcross Flores Marino Flores MacArthur Sessions Shimkus Beatty Gottheimer O’Halleran Fortenberry Marshall Fortenberry Marchant Shimkus Shuster Bera Green, Al O’Rourke Foxx Massie Foxx Marino Shuster Simpson Beyer Green, Gene Pallone Franks (AZ) Mast Franks (AZ) Marshall Simpson Sires Bishop (GA) Grijalva Panetta Frelinghuysen McCarthy Frelinghuysen Massie Smith (MO) Smith (MO) Blumenauer Gutie´rrez Pascrell Gaetz McCaul Gaetz Mast Smith (NE) Smith (NE) Blunt Rochester Hanabusa Payne Gallagher McClintock Gallagher McCarthy Smith (NJ) Smith (NJ) Bonamici Hastings Perlmutter Garrett McHenry Garrett McCaul Smith (TX) Smith (TX) Boyle, Brendan Heck Peters Gibbs McKinley Gibbs McClintock Smucker Smucker F. Higgins (NY) Peterson Gohmert McMorris Gohmert McHenry Stefanik Stefanik Brady (PA) Himes Pingree Gosar Rodgers Goodlatte McKinley Stewart Stewart Brown (MD) Hoyer Pocan Gowdy McSally Gosar McMorris Stivers Brownley (CA) Huffman Polis Granger Meadows Taylor Gowdy Rodgers Taylor Bustos Jackson Lee Price (NC) Graves (GA) Meehan Tenney Granger McSally Tenney Butterfield Jayapal Quigley Graves (LA) Messer Thompson (PA) Graves (GA) Meadows Thompson (PA) Capuano Jeffries Raskin Graves (MO) Mitchell Thornberry Graves (LA) Meehan Thornberry Carbajal Johnson (GA) Rice (NY) Griffith Moolenaar Tiberi Graves (MO) Messer Tiberi Ca´ rdenas Johnson, E. B. Richmond Grothman Mooney (WV) Tipton Griffith Mitchell Tipton Carson (IN) Jones Rosen Guthrie Mullin Trott Grothman Moolenaar Trott Cartwright Kaptur Roybal-Allard Harper Murphy (PA) Turner Guthrie Mooney (WV) Turner Castor (FL) Keating Ruiz Hartzler Newhouse Upton Harper Mullin Upton Castro (TX) Kelly (IL) Ruppersberger Hensarling Noem Valadao Hartzler Murphy (PA) Valadao Chu, Judy Kennedy Sa´ nchez Hice, Jody B. Nunes Wagner Hensarling Newhouse Wagner Cicilline Khanna Sarbanes Higgins (LA) Olson Walberg Hice, Jody B. Noem Walberg Clark (MA) Kihuen Schakowsky Hill Palazzo Walden Higgins (LA) Nunes Walden Clarke (NY) Kildee Schiff Holding Palmer Walker Hill Olson Walker Clay Kilmer Schneider Hollingsworth Paulsen Walorski Holding Palazzo Walorski Clyburn Kind Schrader Hudson Pearce Walters, Mimi Hollingsworth Palmer Walters, Mimi Cohen Krishnamoorthi Scott (VA) Huizenga Perry Weber (TX) Hudson Paulsen Weber (TX) Connolly Kuster (NH) Scott, David Hultgren Peterson Webster (FL) Huizenga Pearce Webster (FL) Conyers Langevin Serrano Hunter Pittenger Wenstrup Hultgren Perry Wenstrup Cooper Larsen (WA) Sewell (AL) Hurd Poe (TX) Westerman Hunter Pittenger Westerman Correa Larson (CT) Shea-Porter Issa Poliquin Williams Hurd Poe (TX) Williams Costa Lawrence Sherman Jenkins (KS) Posey Wilson (SC) Issa Poliquin Wilson (SC) Courtney Lawson (FL) Sinema Jenkins (WV) Ratcliffe Wittman Jenkins (KS) Posey Wittman Crist Lee Sires Johnson (LA) Reed Womack Jenkins (WV) Ratcliffe Womack Crowley Levin Slaughter Johnson (OH) Reichert Woodall Johnson (LA) Reed Woodall Cuellar Lewis (GA) Smith (WA) Johnson, Sam Renacci Yoder Johnson (OH) Reichert Yoder Cummings Lieu, Ted Soto Jordan Rice (SC) Yoho Johnson, Sam Renacci Yoho Davis (CA) Lipinski Speier Joyce (OH) Roby Young (AK) Jordan Rice (SC) Young (AK) Davis, Danny Loebsack Suozzi Katko Roe (TN) Young (IA) Joyce (OH) Roby Young (IA) DeFazio Lofgren Swalwell (CA) Kelly (MS) Rogers (AL) Zeldin Katko Roe (TN) Zeldin DeGette Lowenthal Takano NOT VOTING—14 Delaney Lowey Thompson (CA) NOT VOTING—12 DeLauro Lujan Grisham, Thompson (MS) Becerra Mulvaney Rutherford DelBene M. Titus Becerra Mulvaney Rush Cleaver Pelosi Ryan (OH) Demings Luja´ n, Ben Ray Tonko Cleaver Pelosi Rutherford Goodlatte Pompeo Stivers DeSaulnier Lynch Torres Harris Pompeo Ryan (OH) Harris Price, Tom (GA) Zinke Deutch Maloney, Tsongas Lamborn Price, Tom (GA) Zinke Lamborn Rush Dingell Carolyn B. Vargas ANNOUNCEMENT BY THE ACTING CHAIR ANNOUNCEMENT BY THE ACTING CHAIR Doggett Maloney, Sean Veasey Doyle, Michael Matsui Vela The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). F. McCollum Vela´ zquez There is 1 minute remaining. There is 1 minute remaining. Ellison McEachin Visclosky Engel McGovern Walz b 1802 b 1759 Eshoo McNerney Wasserman So the amendment was rejected. Espaillat Meeks Schultz So the amendment was rejected. Esty Meng Waters, Maxine The result of the vote was announced The result of the vote was announced Evans Moore Watson Coleman as above recorded. Foster Moulton Welch as above recorded. AMENDMENT NO. 10 OFFERED BY MR. JOHNSON Frankel (FL) Murphy (FL) Wilson (FL) Stated against: Fudge Nadler Yarmuth OF GEORGIA Mr. GOODLATTE. Mr. Chair, I was unavoid- The Acting CHAIR. The unfinished ably detained. Had I been present, I would NOES—232 business is the demand for a recorded have voted ‘‘nay’’ on rollcall No. 37. Abraham Bishop (UT) Carter (GA) vote on the amendment offered by the Aderholt Black Carter (TX) AMENDMENT NO. 9 OFFERED BY MR. CICILLINE Allen Blackburn Chabot gentleman from Georgia (Mr. JOHNSON) The Acting CHAIR. The unfinished Amash Blum Chaffetz on which further proceedings were business is the demand for a recorded Amodei Bost Cheney postponed and on which the noes pre- Arrington Brady (TX) Coffman vailed by voice vote. vote on the amendment offered by the Babin Brat Cole gentleman from Rhode Island (Mr. Bacon Bridenstine Collins (GA) The Clerk will redesignate the CICILLINE) on which further pro- Banks (IN) Brooks (AL) Collins (NY) amendment. Barletta Brooks (IN) Comer The Clerk redesignated the amend- ceedings were postponed and on which Barr Buchanan Comstock the ayes prevailed by voice vote. Barton Buck Conaway ment. The Clerk will redesignate the Bergman Bucshon Cook RECORDED VOTE amendment. Beutler Budd Costello (PA) The Acting CHAIR. A recorded vote Biggs Burgess Cramer The Clerk redesignated the amend- Bilirakis Byrne Crawford has been demanded. ment. Bishop (MI) Calvert Culberson A recorded vote was ordered.

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.049 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H367 The Acting CHAIR. This will be a 2- Faso Lance Rooney, Thomas [Roll No. 40] Ferguson Latta J. minute vote. Fitzpatrick Lewis (MN) Ros-Lehtinen AYES—190 The vote was taken by electronic de- Fleischmann LoBiondo Roskam Adams Fudge Nadler vice, and there were—ayes 188, noes 234, Flores Long Ross Aguilar Gabbard Napolitano not voting 12, as follows: Fortenberry Loudermilk Rothfus Barraga´ n Gallego Neal Foxx Love Rouzer Bass Garamendi Nolan [Roll No. 39] Franks (AZ) Lucas Royce (CA) Beatty Gonzalez (TX) Norcross Frelinghuysen Luetkemeyer Russell Bera Gottheimer O’Halleran AYES—188 Gaetz MacArthur Sanford Beyer Green, Al O’Rourke Adams Gabbard Neal Gallagher Marchant Scalise Bishop (GA) Green, Gene Pallone Aguilar Gallego Nolan Garrett Marino Schweikert Blum Grijalva Panetta Gibbs Marshall Barraga´ n Garamendi Norcross Scott, Austin Blumenauer Gutie´rrez Pascrell Gohmert Massie Bass Gonzalez (TX) O’Halleran Sensenbrenner Blunt Rochester Hanabusa Payne Goodlatte Mast Beatty Gottheimer O’Rourke Sessions Bonamici Hastings Perlmutter Gosar McCarthy Bera Green, Al Pallone Shimkus Boyle, Brendan Heck Peters Gowdy McCaul Beyer Green, Gene Shuster F. Higgins (NY) Pingree Panetta Granger McClintock Bishop (GA) Grijalva Simpson Brady (PA) Himes Pocan Pascrell Graves (GA) McHenry Blumenauer Gutie´rrez Smith (MO) Brown (MD) Hoyer Polis Payne Graves (LA) McKinley Blunt Rochester Hanabusa Smith (NE) Brownley (CA) Huffman Price (NC) Perlmutter Graves (MO) McMorris Bonamici Hastings Smith (NJ) Bustos Jackson Lee Quigley Peters Griffith Rodgers Boyle, Brendan Heck Smith (TX) Butterfield Jayapal Raskin Pingree Grothman McSally F. Higgins (NY) Smucker Capuano Jeffries Rice (NY) Pocan Guthrie Meadows Brady (PA) Himes Stefanik Carbajal Johnson (GA) Richmond Polis Harper Meehan Brown (MD) Hoyer Stewart Ca´ rdenas Johnson, E. B. Rosen Brownley (CA) Huffman Price (NC) Hartzler Messer Carson (IN) Jones Roybal-Allard Quigley Hensarling Mitchell Stivers Bustos Jackson Lee Taylor Cartwright Kaptur Ruiz Raskin Hice, Jody B. Moolenaar Butterfield Jayapal Tenney Castor (FL) Keating Ruppersberger Rice (NY) Higgins (LA) Mooney (WV) ´ Capuano Jeffries Thompson (PA) Castro (TX) Kelly (IL) Sanchez Richmond Hill Mullin Carbajal Johnson (GA) Thornberry Chu, Judy Kennedy Sarbanes Rosen Holding Murphy (PA) Ca´ rdenas Johnson, E. B. Tiberi Cicilline Khanna Schakowsky Roybal-Allard Hollingsworth Newhouse Carson (IN) Kaptur Tipton Clark (MA) Kihuen Schiff Ruiz Hudson Noem Cartwright Keating Trott Clarke (NY) Kildee Schneider Ruppersberger Huizenga Nunes Castor (FL) Kelly (IL) Turner Clay Kilmer Schrader Sa´ nchez Hultgren Olson Castro (TX) Kennedy Upton Clyburn Kind Scott (VA) Hunter Palazzo Cohen Krishnamoorthi Scott, David Chu, Judy Khanna Sarbanes Valadao Hurd Palmer Connolly Kuster (NH) Serrano Cicilline Kihuen Schakowsky Wagner Issa Paulsen Conyers Langevin Sewell (AL) Clark (MA) Kildee Schiff Walberg Jenkins (KS) Pearce Cooper Larsen (WA) Shea-Porter Clarke (NY) Kilmer Schneider Walden Jenkins (WV) Perry Correa Larson (CT) Sherman Clay Kind Schrader Walker Clyburn Krishnamoorthi Johnson (LA) Peterson Costa Lawrence Sinema Scott (VA) Walorski Cohen Kuster (NH) Johnson (OH) Pittenger Courtney Lawson (FL) Sires Scott, David Walters, Mimi Connolly Langevin Johnson, Sam Poe (TX) Crist Lee Slaughter Serrano Weber (TX) Conyers Larsen (WA) Jones Poliquin Crowley Levin Smith (WA) Sewell (AL) Webster (FL) Cooper Larson (CT) Jordan Posey Cuellar Lewis (GA) Soto Shea-Porter Wenstrup Correa Lawrence Joyce (OH) Ratcliffe Cummings Lieu, Ted Speier Sherman Westerman Costa Lawson (FL) Katko Reed Davis (CA) Lipinski Suozzi Sinema Williams Courtney Lee Kelly (MS) Reichert Davis, Danny Loebsack Swalwell (CA) Sires Wilson (SC) Crist Levin Kelly (PA) Renacci DeFazio Lofgren Takano Slaughter King (IA) Rice (SC) Wittman Crowley Lewis (GA) Smith (WA) DeGette Lowenthal Thompson (CA) King (NY) Roby Womack Delaney Lowey Thompson (MS) Cuellar Lieu, Ted Soto Kinzinger Roe (TN) Woodall DeLauro Lujan Grisham, Titus Cummings Lipinski Speier Davis (CA) Loebsack Knight Rogers (AL) Yoder DelBene M. Tonko Suozzi Davis, Danny Lofgren Kustoff (TN) Rogers (KY) Yoho Demings Luja´ n, Ben Ray Torres Swalwell (CA) DeFazio Lowenthal Labrador Rohrabacher Young (AK) DeSaulnier Lynch Tsongas Takano DeGette Lowey LaHood Rokita Young (IA) Deutch Maloney, Vargas Thompson (CA) Delaney Lujan Grisham, LaMalfa Rooney, Francis Zeldin Dingell Carolyn B. Veasey Thompson (MS) DeLauro M. NOT VOTING—12 Doggett Maloney, Sean Vela DelBene Luja´ n, Ben Ray Titus Doyle, Michael Matsui Vela´ zquez Demings Lynch Tonko Becerra Mulvaney Rush F. McCollum Visclosky DeSaulnier Maloney, Torres Cleaver Pelosi Rutherford Ellison McEachin Walz Deutch Carolyn B. Tsongas Harris Pompeo Ryan (OH) Engel McGovern Wasserman Dingell Maloney, Sean Vargas Lamborn Price, Tom (GA) Zinke Eshoo McNerney Schultz Veasey Doggett Matsui ANNOUNCEMENT BY THE ACTING CHAIR Espaillat Meeks Waters, Maxine Doyle, Michael McCollum Vela Esty Meng Watson Coleman F. McEachin Vela´ zquez The Acting CHAIR (during the vote). Evans Moore Welch Ellison McGovern Visclosky There is 1 minute remaining. Foster Moulton Wilson (FL) Engel McNerney Walz Frankel (FL) Murphy (FL) Yarmuth Eshoo Meeks Wasserman b 1806 Espaillat Meng Schultz So the amendment was rejected. NOES—233 Waters, Maxine Esty Moore The result of the vote was announced Abraham Budd Donovan Evans Moulton Watson Coleman as above recorded. Aderholt Burgess Duffy Foster Murphy (FL) Welch Allen Byrne Duncan (SC) Frankel (FL) Nadler Wilson (FL) AMENDMENT NO. 11 OFFERED BY MR. RUIZ Amash Calvert Duncan (TN) Fudge Napolitano Yarmuth The Acting CHAIR. The unfinished Amodei Carter (GA) Dunn business is the demand for a recorded Arrington Carter (TX) Emmer NOES—234 Babin Chabot Farenthold Abraham Brady (TX) Comstock vote on the amendment offered by the Bacon Chaffetz Faso Aderholt Brat Conaway gentleman from California (Mr. RUIZ) Banks (IN) Cheney Ferguson Allen Bridenstine Cook on which further proceedings were Barletta Coffman Fitzpatrick Amash Brooks (AL) Costello (PA) postponed and on which the noes pre- Barr Cole Fleischmann Amodei Brooks (IN) Cramer Barton Collins (GA) Flores Arrington Buchanan Crawford vailed by voice vote. Bergman Collins (NY) Fortenberry Babin Buck Culberson The Clerk will redesignate the Beutler Comer Foxx Bacon Bucshon Curbelo (FL) amendment. Biggs Comstock Franks (AZ) Banks (IN) Budd Davidson The Clerk redesignated the amend- Bilirakis Conaway Frelinghuysen Barletta Burgess Davis, Rodney Bishop (MI) Cook Gaetz Barr Byrne Denham ment. Bishop (UT) Costello (PA) Gallagher Barton Calvert Dent RECORDED VOTE Black Cramer Garrett Bergman Carter (GA) DeSantis The Acting CHAIR. A recorded vote Blackburn Crawford Gibbs Beutler Carter (TX) DesJarlais Bost Culberson Gohmert Biggs Chabot Diaz-Balart has been demanded. Brady (TX) Curbelo (FL) Goodlatte Bilirakis Chaffetz Donovan A recorded vote was ordered. Brat Davidson Gosar Bishop (MI) Cheney Duffy The Acting CHAIR. This will be a 2- Bridenstine Davis, Rodney Gowdy Bishop (UT) Coffman Duncan (SC) minute vote. Brooks (AL) Denham Granger Black Cole Duncan (TN) The vote was taken by electronic de- Brooks (IN) Dent Graves (GA) Blackburn Collins (GA) Dunn Buchanan DeSantis Graves (LA) Blum Collins (NY) Emmer vice, and there were—ayes 190, noes 233, Buck DesJarlais Graves (MO) Bost Comer Farenthold not voting 11, as follows: Bucshon Diaz-Balart Griffith

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.111 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H368 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Grothman McCarthy Russell [Roll No. 41] Gowdy Marino Rouzer Guthrie McCaul Sanford Granger Marshall Royce (CA) Harper McClintock Scalise AYES—195 Graves (GA) Massie Russell Hartzler McHenry Schweikert Adams Gallego Nadler Graves (LA) Mast Sanford Hensarling McKinley Scott, Austin Aguilar Garamendi Napolitano Graves (MO) McCarthy Scalise Hice, Jody B. McMorris Sensenbrenner Barraga´ n Gonzalez (TX) Neal Griffith McCaul Schweikert Higgins (LA) Rodgers Sessions Bass Gottheimer Nolan Grothman McClintock Scott, Austin Hill McSally Shimkus Beatty Green, Al Norcross Guthrie McHenry Sensenbrenner Holding Meadows Harper McMorris Shuster Bera Green, Gene O’Halleran Sessions Hollingsworth Meehan Hartzler Rodgers Simpson Beyer Grijalva O’Rourke Shimkus Hudson Messer Hensarling McSally Smith (MO) Bishop (GA) Gutie´rrez Pallone Shuster Huizenga Mitchell Hice, Jody B. Meadows Smith (NE) Blum Hanabusa Panetta Simpson Hultgren Moolenaar Higgins (LA) Meehan Smith (NJ) Blumenauer Hastings Pascrell Smith (MO) Hunter Mooney (WV) Hill Messer Smith (TX) Blunt Rochester Heck Payne Smith (NE) Hurd Mullin Holding Mitchell Bonamici Higgins (NY) Perlmutter Issa Murphy (PA) Smucker Hollingsworth Moolenaar Smith (NJ) Boyle, Brendan Himes Peters Jenkins (KS) Newhouse Stefanik Hudson Mullin Smith (TX) Stewart F. Hoyer Pingree Smucker Jenkins (WV) Noem Brady (PA) Huffman Huizenga Murphy (PA) Stivers Pocan Stefanik Johnson (LA) Nunes Brown (MD) Jackson Lee Hultgren Newhouse Taylor Polis Stewart Johnson (OH) Olson Brownley (CA) Jayapal Hunter Noem Tenney Price (NC) Stivers Johnson, Sam Palazzo Bustos Jeffries Hurd Nunes Jordan Palmer Thompson (PA) Quigley Issa Olson Taylor Butterfield Jenkins (WV) Raskin Joyce (OH) Paulsen Thornberry Capuano Johnson (GA) Jenkins (KS) Palazzo Tenney Katko Pearce Tiberi Rice (NY) Johnson (LA) Palmer Thompson (PA) Carbajal Johnson, E. B. Richmond Kelly (MS) Perry Tipton ´ Johnson (OH) Paulsen Thornberry Cardenas Jones Rosen Kelly (PA) Peterson Trott Carson (IN) Kaptur Johnson, Sam Pearce Tiberi King (IA) Pittenger Turner Roybal-Allard Jordan Perry Trott Cartwright Keating Ruiz King (NY) Poe (TX) Upton Castor (FL) Kelly (IL) Joyce (OH) Peterson Turner Ruppersberger Kinzinger Poliquin Valadao Castro (TX) Kennedy Katko Pittenger Upton Sa´ nchez Knight Posey Wagner Chu, Judy Khanna Kelly (MS) Poe (TX) Valadao Sarbanes Kustoff (TN) Ratcliffe Walberg Cicilline Kihuen Kelly (PA) Poliquin Wagner Schakowsky Labrador Reed Walden Clark (MA) Kildee King (IA) Posey Walberg Schiff LaHood Reichert Walker Clarke (NY) Kilmer King (NY) Ratcliffe Walden Schneider LaMalfa Renacci Clay Kind Kinzinger Reed Walorski Schrader Walorski Lamborn Rice (SC) Walters, Mimi Clyburn Krishnamoorthi Knight Reichert Walters, Mimi Lance Roby Scott (VA) Kustoff (TN) Renacci Weber (TX) Cohen Kuster (NH) Weber (TX) Latta Roe (TN) Scott, David Labrador Rice (SC) Webster (FL) Connolly Lance Webster (FL) Lewis (MN) Rogers (AL) Serrano LaHood Roby Wenstrup Conyers Langevin Wenstrup LoBiondo Rogers (KY) Sewell (AL) LaMalfa Roe (TN) Westerman Cooper Larsen (WA) Westerman Long Rohrabacher Correa Larson (CT) Shea-Porter Lamborn Rogers (AL) Loudermilk Rokita Williams Sherman Latta Rogers (KY) Williams Wilson (SC) Costa Lawrence Wilson (SC) Love Rooney, Francis Courtney Lawson (FL) Sinema Lewis (MN) Rohrabacher Wittman Wittman Lucas Rooney, Thomas Crist Lee Sires LoBiondo Rokita Womack Womack Luetkemeyer J. Crowley Levin Slaughter Long Rooney, Francis Woodall Woodall MacArthur Ros-Lehtinen Cuellar Lewis (GA) Smith (WA) Loudermilk Rooney, Thomas Yoder Yoder Marchant Roskam Cummings Lieu, Ted Soto Love J. Marino Ross Yoho Davis (CA) Lipinski Speier Lucas Ros-Lehtinen Yoho Marshall Rothfus Young (AK) Davis, Danny Loebsack Suozzi Luetkemeyer Roskam Young (AK) Massie Rouzer Young (IA) DeFazio Lofgren Swalwell (CA) MacArthur Ross Young (IA) Mast Royce (CA) Zeldin DeGette Lowenthal Takano Marchant Rothfus Zeldin Delaney Lowey Thompson (CA) NOT VOTING—11 DeLauro Lujan Grisham, Thompson (MS) NOT VOTING—12 Becerra Pelosi Rutherford DelBene M. Tipton Becerra Pelosi Rutherford Cleaver Pompeo Ryan (OH) Demings Luja´ n, Ben Ray Titus Cleaver Pompeo Ryan (OH) Harris Price, Tom (GA) Zinke DeSaulnier Lynch Tonko Harris Price, Tom (GA) Walker Mulvaney Rush Deutch Maloney, Torres Mulvaney Rush Zinke Dingell Carolyn B. Tsongas ANNOUNCEMENT BY THE ACTING CHAIR Doggett Maloney, Sean Vargas ANNOUNCEMENT BY THE ACTING CHAIR Doyle, Michael Matsui Veasey The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). F. McCollum Vela There is 1 minute remaining. Ellison McEachin Vela´ zquez There is 1 minute remaining. Engel McGovern Visclosky Eshoo McKinley Walz b 1811 Espaillat McNerney Wasserman b 1816 Esty Meeks Schultz Mr. MOONEY of West Virginia So the amendment was rejected. Evans Meng Waters, Maxine changed his vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Foster Mooney (WV) Watson Coleman Frankel (FL) Moore Welch So the amendment was rejected. as above recorded. Fudge Moulton Wilson (FL) Gabbard Murphy (FL) Yarmuth The result of the vote was announced AMENDMENT NO. 12 OFFERED BY MR. SCOTT OF as above recorded. VIRGINIA NOES—227 AMENDMENT NO. 13 OFFERED BY MR. TONKO The Acting CHAIR. The unfinished Abraham Buck Dent The Acting CHAIR. The unfinished business is the demand for a recorded Aderholt Bucshon DeSantis vote on the amendment offered by the Allen Budd DesJarlais business is the demand for a recorded Amash Burgess Diaz-Balart vote on the amendment offered by the gentleman from Virginia (Mr. SCOTT) Amodei Byrne Donovan gentleman from New York (Mr. TONKO) on which further proceedings were Arrington Calvert Duffy postponed and on which the noes pre- Babin Carter (GA) Duncan (SC) on which further proceedings were vailed by voice vote. Bacon Carter (TX) Duncan (TN) postponed and on which the noes pre- Banks (IN) Chabot Dunn vailed by voice vote. The Clerk will redesignate the Barletta Chaffetz Emmer The Clerk will redesignate the amendment. Barr Cheney Farenthold Barton Coffman Faso amendment. The Clerk redesignated the amend- Bergman Cole Ferguson The Clerk redesignated the amend- ment. Beutler Collins (GA) Fitzpatrick Biggs Collins (NY) Fleischmann ment. RECORDED VOTE Bilirakis Comer Flores RECORDED VOTE The Acting CHAIR. A recorded vote Bishop (MI) Comstock Fortenberry Bishop (UT) Conaway Foxx The Acting CHAIR. A recorded vote has been demanded. Black Cook Franks (AZ) has been demanded. A recorded vote was ordered. Blackburn Costello (PA) Frelinghuysen A recorded vote was ordered. Bost Cramer Gaetz The Acting CHAIR. This will be a Brady (TX) Crawford Gallagher The Acting CHAIR. This will be a 2- 2-minute vote. Brat Culberson Garrett minute vote. The vote was taken by electronic de- Bridenstine Curbelo (FL) Gibbs The vote was taken by electronic de- Brooks (AL) Davidson Gohmert vice, and there were—ayes 195, noes 227, Brooks (IN) Davis, Rodney Goodlatte vice, and there were—ayes 188, noes 235, not voting 12, as follows: Buchanan Denham Gosar not voting 11, as follows:

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.058 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H369 [Roll No. 42] Griffith Massie Rouzer Beyer Green, Al Norcross Grothman Mast Royce (CA) Bishop (GA) Green, Gene O’Halleran AYES—188 Guthrie McCarthy Russell Blumenauer Grijalva O’Rourke Adams Gabbard Neal Harper McCaul Sanford Blunt Rochester Gutie´rrez Pallone Aguilar Gallego Nolan Hartzler McClintock Scalise Bonamici Hanabusa Panetta Barraga´ n Garamendi Norcross Hensarling McHenry Schweikert Boyle, Brendan Hastings Pascrell Bass Gonzalez (TX) O’Halleran Hice, Jody B. McKinley Scott, Austin F. Heck Payne Higgins (LA) McMorris Sensenbrenner Beatty Gottheimer O’Rourke Brady (PA) Higgins (NY) Perlmutter Hill Rodgers Sessions Brown (MD) Himes Bera Green, Al Pallone Peters Holding McSally Shimkus Brownley (CA) Hoyer Beyer Green, Gene Panetta Pingree Hollingsworth Bishop (GA) Grijalva Meadows Shuster Bustos Huffman Pocan Pascrell Hudson Meehan Simpson Blumenauer Gutie´rrez Butterfield Jackson Lee Polis Payne Huizenga Messer Smith (MO) Capuano Jayapal Blunt Rochester Hanabusa Perlmutter Price (NC) Bonamici Hastings Hultgren Mitchell Smith (NE) Carbajal Jeffries Peters Quigley Boyle, Brendan Heck Hunter Moolenaar Smith (NJ) Ca´ rdenas Johnson (GA) Pingree Raskin F. Higgins (NY) Hurd Mooney (WV) Smith (TX) Carson (IN) Johnson, E. B. Pocan Rice (NY) Brady (PA) Himes Issa Mullin Smucker Cartwright Kaptur Polis Richmond Brown (MD) Hoyer Jenkins (KS) Murphy (PA) Stefanik Castor (FL) Keating Rosen Brownley (CA) Huffman Price (NC) Jenkins (WV) Newhouse Stewart Castro (TX) Kelly (IL) Roybal-Allard Bustos Jackson Lee Quigley Johnson (LA) Noem Stivers Chu, Judy Kennedy Ruiz Butterfield Jayapal Raskin Johnson (OH) Nunes Taylor Cicilline Khanna Capuano Jeffries Rice (NY) Johnson, Sam Olson Tenney Clark (MA) Kihuen Ruppersberger ´ Carbajal Johnson (GA) Richmond Jones Palazzo Thompson (PA) Clarke (NY) Kildee Sanchez Ca´ rdenas Johnson, E. B. Rosen Jordan Palmer Thornberry Clay Kilmer Sarbanes Carson (IN) Kaptur Roybal-Allard Joyce (OH) Paulsen Tiberi Clyburn Kind Schakowsky Cartwright Keating Ruiz Katko Pearce Tipton Cohen Krishnamoorthi Schiff Castor (FL) Kelly (IL) Ruppersberger Kelly (MS) Perry Trott Connolly Kuster (NH) Schneider Castro (TX) Kennedy Sa´ nchez Kelly (PA) Peterson Turner Conyers Langevin Schrader Chu, Judy Khanna Sarbanes King (IA) Pittenger Upton Cooper Larsen (WA) Scott (VA) Cicilline Kihuen Schakowsky King (NY) Poe (TX) Valadao Correa Larson (CT) Scott, David Clark (MA) Kildee Schiff Kinzinger Poliquin Wagner Courtney Lawrence Serrano Clarke (NY) Kilmer Schneider Knight Posey Walberg Crist Lawson (FL) Sewell (AL) Clay Kind Schrader Kustoff (TN) Ratcliffe Walden Crowley Lee Shea-Porter Clyburn Krishnamoorthi Scott (VA) Labrador Reed Walker Cuellar Levin Sherman Cohen Kuster (NH) Scott, David LaHood Reichert Walorski Cummings Lewis (GA) Sires LaMalfa Connolly Langevin Serrano Renacci Walters, Mimi Davis (CA) Lieu, Ted Slaughter Lamborn Rice (SC) Weber (TX) Conyers Larsen (WA) Sewell (AL) Davis, Danny Lipinski Smith (WA) Lance Roby Webster (FL) DeFazio Loebsack Cooper Larson (CT) Shea-Porter Soto Latta Roe (TN) Wenstrup Delaney Lofgren Correa Lawrence Sherman Speier Lewis (MN) Rogers (AL) Westerman DeLauro Lowenthal Costa Lawson (FL) Sinema Suozzi LoBiondo Rogers (KY) Williams DelBene Lowey Courtney Lee Sires Swalwell (CA) Long Rohrabacher Wilson (SC) Demings Lujan Grisham, Crist Levin Slaughter Takano Loudermilk Rokita Wittman DeSaulnier M. Crowley Lewis (GA) Thompson (CA) Smith (WA) Love Rooney, Francis Womack Deutch Luja´ n, Ben Ray Cuellar Lieu, Ted Thompson (MS) Soto Lucas Rooney, Thomas Woodall Dingell Lynch Cummings Lipinski Speier Titus Davis (CA) Loebsack Luetkemeyer J. Yoder Doggett Maloney, Suozzi Tonko Davis, Danny Lofgren MacArthur Ros-Lehtinen Yoho Doyle, Michael Carolyn B. Swalwell (CA) Torres DeFazio Lowenthal Marchant Roskam Young (AK) F. Maloney, Sean Takano Tsongas DeGette Lowey Marino Ross Young (IA) Ellison Matsui Thompson (CA) Vargas Delaney Lujan Grisham, Marshall Rothfus Zeldin Engel McCollum Thompson (MS) Veasey DeLauro M. Eshoo McEachin NOT VOTING—11 Vela DelBene Luja´ n, Ben Ray Titus Espaillat McGovern Vela´ zquez Demings Lynch Tonko Becerra Pelosi Rutherford Esty McNerney DeSaulnier Maloney, Torres Cleaver Pompeo Ryan (OH) Evans Meeks Visclosky Deutch Carolyn B. Tsongas Harris Price, Tom (GA) Zinke Foster Meng Walz Dingell Maloney, Sean Vargas Mulvaney Rush Frankel (FL) Moore Wasserman Doggett Matsui Veasey Fudge Moulton Schultz Doyle, Michael McCollum Vela ANNOUNCEMENT BY THE ACTING CHAIR Gabbard Murphy (FL) Waters, Maxine F. McEachin Vela´ zquez The Acting CHAIR (during the vote). Gallego Nadler Watson Coleman Ellison McGovern Visclosky There is 1 minute remaining. Garamendi Napolitano Welch Engel McNerney Walz Gonzalez (TX) Neal Wilson (FL) Eshoo Meeks Wasserman b 1820 Gottheimer Nolan Yarmuth Espaillat Meng Schultz Esty Moore Waters, Maxine So the amendment was rejected. NOES—236 Evans Watson Coleman Moulton The result of the vote was announced Abraham Carter (TX) Flores Foster Welch Murphy (FL) Aderholt Chabot Fortenberry Frankel (FL) Wilson (FL) as above recorded. Nadler Allen Chaffetz Foxx Fudge AMENDMENT NO 14 OFFERED BY MR GRIJALVA Napolitano Yarmuth . . Amash Cheney Franks (AZ) The Acting CHAIR. The unfinished Amodei Coffman Frelinghuysen NOES—235 business is the demand for a recorded Arrington Cole Gaetz Abraham Bucshon Diaz-Balart Babin Collins (GA) Gallagher Aderholt Budd Donovan vote on the amendment offered by the Bacon Collins (NY) Garrett Allen Burgess Duffy gentleman from Arizona (Mr. GRI- Banks (IN) Comer Gibbs Amash Byrne Duncan (SC) JALVA) on which further proceedings Barletta Comstock Gohmert Amodei Calvert Duncan (TN) were postponed and on which the noes Barr Conaway Goodlatte Arrington Carter (GA) Dunn Barton Cook Gosar Babin Carter (TX) Emmer prevailed by voice vote. Bergman Costa Gowdy Bacon Chabot Farenthold The Clerk will redesignate the Beutler Costello (PA) Granger Banks (IN) Chaffetz Faso amendment. Biggs Cramer Graves (GA) Barletta Cheney Ferguson Bilirakis Crawford Graves (LA) Barr Coffman Fitzpatrick The Clerk redesignated the amend- Bishop (MI) Culberson Graves (MO) Barton Cole Fleischmann ment. Bishop (UT) Curbelo (FL) Griffith Bergman Collins (GA) Flores RECORDED VOTE Black Davidson Grothman Beutler Collins (NY) Fortenberry Blackburn Davis, Rodney Guthrie Biggs Comer Foxx The Acting CHAIR. A recorded vote Blum Denham Harper Bilirakis Comstock Franks (AZ) has been demanded. Bost Dent Hartzler Bishop (MI) Conaway Frelinghuysen A recorded vote was ordered. Brady (TX) DeSantis Hensarling Bishop (UT) Cook Gaetz Brat Diaz-Balart Hice, Jody B. Black Costello (PA) Gallagher The Acting CHAIR. This will be a 2- Bridenstine Donovan Higgins (LA) Blackburn Cramer Garrett minute vote. Brooks (AL) Duffy Hill Blum Crawford Gibbs The vote was taken by electronic de- Brooks (IN) Duncan (SC) Holding Bost Culberson Gohmert vice, and there were—ayes 185, noes 236, Buchanan Duncan (TN) Hollingsworth Brady (TX) Curbelo (FL) Goodlatte Buck Dunn Hudson Brat Davidson Gosar not voting 13, as follows: Bucshon Emmer Huizenga Bridenstine Davis, Rodney Gowdy [Roll No. 43] Budd Farenthold Hultgren Brooks (AL) Denham Granger Burgess Faso Hunter Brooks (IN) Dent Graves (GA) AYES—185 Byrne Ferguson Hurd Buchanan DeSantis Graves (LA) Adams Barraga´ n Beatty Calvert Fitzpatrick Issa Buck DesJarlais Graves (MO) Aguilar Bass Bera Carter (GA) Fleischmann Jenkins (KS)

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.067 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H370 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Jenkins (WV) Mitchell Sessions The amendments were agreed to. prescription drug coverage doughnut Johnson (LA) Moolenaar Shimkus The SPEAKER pro tempore. The hole. This doughnut hole required sen- Johnson (OH) Mooney (WV) Shuster Johnson, Sam Mullin Simpson question is on the engrossment and iors to pay full price for their prescrip- Jones Murphy (PA) Sinema third reading of the bill. tion drugs after they reach their cata- Jordan Newhouse Smith (MO) The bill was ordered to be engrossed strophic threshold. Joyce (OH) Noem Smith (NE) and read a third time, and was read the Research found, because of this Katko Nunes Smith (NJ) Kelly (MS) Olson third time. doughnut hole, seniors would put their Smith (TX) Kelly (PA) Palazzo Smucker MOTION TO RECOMMIT health at risk because they could not King (IA) Palmer afford to pay the prescriptions, which King (NY) Paulsen Stefanik Mrs. DEMINGS. Mr. Speaker, I have Kinzinger Pearce Stewart a motion to recommit at the desk. ultimately lead to higher healthcare Knight Perry Stivers The SPEAKER pro tempore. Is the costs. Because of the Affordable Care Taylor Kustoff (TN) Peterson gentlewoman opposed to the bill? Act, this doughnut hole is being com- Labrador Pittenger Tenney pletely phased out of the Medicare part LaHood Poe (TX) Thompson (PA) Mrs. DEMINGS. I am opposed to the LaMalfa Poliquin Thornberry bill in its current form. D prescription drug program by the Lamborn Posey Tiberi The SPEAKER pro tempore. The year 2020. Lance Ratcliffe Tipton Clerk will report the motion to recom- Since the ACA passed in 2010, closing Latta Reed Trott the doughnut hole has saved our sen- Lewis (MN) Reichert Turner mit. LoBiondo Renacci Upton The Clerk read as follows: iors more than $23.5 billion on their Long Rice (SC) Valadao Mrs. Demings moves to recommit the bill prescription drugs. We know this is Loudermilk Roby Wagner working. Florida seniors enrolled in Love Roe (TN) H.R. 5 to the Committee on the Judiciary Walberg with instructions to report the same back to the program are now saving an average Lucas Rogers (AL) Walden the House forthwith with the following of $987 a year because of closing the Luetkemeyer Rogers (KY) Walker MacArthur Rohrabacher Walorski amendment: loophole. Marchant Rokita Walters, Mimi Page 36, strike line 10 and all that follows Marino Rooney, Francis b 1830 Weber (TX) through page 37, line 9. Marshall Rooney, Thomas Webster (FL) Page 38, strike line 11 and all that follows We know what $987 means to the av- Massie J. Wenstrup through page 39, line 12. Mast Ros-Lehtinen erage senior on Medicare. We also Westerman Add, at the end of the bill, the following McCarthy Roskam know that if these coverage gap dis- Williams (and conform the table of contents accord- McCaul Ross counts disappeared, part D enrollees McClintock Rothfus Wilson (SC) ingly): Wittman would have to pay $3,725 for the time McHenry Rouzer TITLE VII—PROTECTING ACCESS TO AF- Womack period they are in the doughnut hole. McKinley Royce (CA) FORDABLE PRESCRIPTION DRUGS FOR McMorris Russell Woodall AMERICANS OVER THE AGE OF 65 This $3,725 represents nearly 15 percent Rodgers Sanford Yoder of a Medicare enrollee’s income. McSally Scalise Yoho SEC. 701. PROTECTING ACCESS TO AFFORDABLE Meadows Schweikert Young (AK) PRESCRIPTION DRUGS FOR AMERI- With too many Floridians and sen- Meehan Scott, Austin Young (IA) CANS OVER THE AGE OF 65. iors across the Nation struggling to Messer Sensenbrenner Zeldin This Act, and the amendments made by make ends meet, I strongly believe NOT VOTING—13 this Act, shall not apply in the case of a rule that Congress can do more to make (as such term is defined in section 551 of title sure we do not go backwards and re- Becerra Mulvaney Rutherford 5, United States Code), pertaining to the pro- Cleaver Pelosi Ryan (OH) open this doughnut hole. No one should vision of health and financial security for DeGette Pompeo Zinke ever have to choose between food or DesJarlais Price, Tom (GA) persons ages 65 and over by significantly re- Harris Rush ducing out-of-pocket medication costs for medicine. prescription drugs for plans under the Medi- I urge my colleagues to consider the ANNOUNCEMENT BY THE ACTING CHAIR care program under part D of title XVIII of livelihood and dignity of our most vul- The Acting CHAIR (during the vote). the Social Security Act (42 U.S.C. 1395w–101 nerable seniors and vote for my amend- There is 1 minute remaining. et seq.), regardless of the person’s income, ment to protect access to affordable b 1824 medical history, or health status. The provi- prescription drugs for older Americans. sions of law amended by this Act, as in effect Mr. Speaker, I yield back the balance So the amendment was rejected. on the day before the date of the enactment of my time. The result of the vote was announced of this Act, shall apply to such rules. Mr. MARINO. Mr. Speaker, I rise in as above recorded. Mr. MARINO (during the reading). opposition to the motion to recommit. The Acting CHAIR. There being no Mr. Speaker, I ask unanimous consent The SPEAKER pro tempore. The gen- further amendments, under the rule, to dispense with the reading. tleman from Pennsylvania is recog- the Committee rises. The SPEAKER pro tempore. Is there nized for 5 minutes. Accordingly, the Committee rose; objection to the request of the gen- Mr. MARINO. Mr. Speaker, this bill’s and the Speaker pro tempore (Mr. tleman from Pennsylvania? bold reforms deliver the heart of the HULTGREN) having assumed the chair, There was no objection. regulatory reform this Nation des- Mr. BYRNE, Acting Chair of the Com- The SPEAKER pro tempore. Pursu- perately needs; and I cannot overstate mittee of the Whole House on the state ant to the rule, the gentlewoman from how desperately we need it because, of the Union, reported that that Com- Florida is recognized for 5 minutes in after 8 years of the Obama administra- mittee, having had under consideration support of her motion. tion’s blowout administrative state, the bill (H.R. 5) to reform the process Mrs. DEMINGS. Mr. Speaker, this is what do we have? by which Federal agencies analyze and the final amendment to the bill which We have an economy that for 8 formulate new regulations and guid- will not kill the bill or send it back to straight years has failed to produce ance documents, to clarify the nature committee. If adopted, the bill will im- enough good, new, full-time jobs to sus- of judicial review of agency interpreta- mediately proceed to final passage, as tain growth and restore dignity to the tions, to ensure complete analysis of amended. unemployed. We have 92 million Ameri- potential impacts on small entities of Mr. Speaker, throughout my 27 years cans outside the workforce, a level not rules, and for other purposes, and, pur- of law enforcement experience, I pro- seen since the Carter years. We have suant to House Resolution 33, he re- tected and served my community, and nearly $2 trillion of American wealth ported the bill back to the House with I stand here today to protect the most commandeered each year to be spent as sundry amendments adopted in the vulnerable of seniors in central Flor- Washington bureaucrats demand, Committee of the Whole. ida, and seniors all around this Nation. through runaway regulation—$2 tril- The SPEAKER pro tempore. Under We have a responsibility to see that lion. This is more money than the GDP the rule, the previous question is or- seniors are not put in a position where of all but eight countries in the world. dered. they will have to choose between buy- We do not need a regulatory state Is a separate vote demanded on any ing food or buying their medication, that is that size; we need a regulatory amendment reported from the Com- which was the case before the Afford- system that is cut down to size. And mittee of the Whole? If not, the Chair able Care Act. We must resist all ef- lest we ever forget, we need a regu- will put them en gros. forts to reopen the Medicare part D latory system that never again allows

VerDate Sep 11 2014 04:26 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.070 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H371 a runaway executive branch to do what Lieu, Ted Pallone Shea-Porter Smucker Upton Williams the Obama administration did: use a Lipinski Panetta Sherman Stefanik Valadao Wilson (SC) Loebsack Pascrell Sinema Stewart Wagner Wittman pen and a phone to undertake an end Lofgren Payne Sires Stivers Walberg Womack run around Congress and force on the Lowenthal Pelosi Slaughter Taylor Walden Woodall American people job-crushing policies Lowey Perlmutter Smith (WA) Tenney Walker Yoder Thompson (PA) Walorski that their elected representatives in Lujan Grisham, Peters Soto Yoho M. Peterson Speier Thornberry Walters, Mimi Young (AK) ´ Tiberi Weber (TX) Congress never supported. Lujan, Ben Ray Pingree Suozzi Young (IA) Lynch Pocan Swalwell (CA) Tipton Webster (FL) This motion to recommit turns a Zeldin Maloney, Polis Takano Trott Wenstrup blind eye to all of that. It says to the Carolyn B. Price (NC) Thompson (CA) Turner Westerman runaway administrative state: Keep on Maloney, Sean Quigley Thompson (MS) running as fast as you can; we don’t Matsui Raskin Titus NOT VOTING—11 care. It says to the American people: McCollum Rice (NY) Tonko Becerra Mulvaney Rutherford McEachin Richmond Torres Sit down and be quiet. Washington bu- Cleaver Pompeo Ryan (OH) McGovern Rosen Tsongas Harris Price, Tom (GA) Zinke reaucrats are your betters, and you McNerney Roybal-Allard Vargas MacArthur Rush need to just keep doing what they tell Meeks Ruiz Veasey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE you to do. Meng Ruppersberger Vela Moore Sa´ nchez Vela´ zquez The SPEAKER pro tempore (during Well, the hardworking taxpayers Moulton Sarbanes Visclosky the vote). There is 1 minute remaining. have spoken and yanked the boots of Murphy (FL) Schakowsky Walz unelected bureaucrats off the throats Nadler Schiff Wasserman Napolitano Schneider Schultz b 1839 of hardworking Americans. Enough is Neal Schrader Waters, Maxine enough. Support this bill. Reject this Nolan Scott (VA) Watson Coleman So the motion to recommit was re- motion to recommit. Show the Amer- Norcross Scott, David Welch jected. O’Halleran Serrano Wilson (FL) The result of the vote was announced ican people that they come first, not O’Rourke Sewell (AL) Yarmuth bureaucrats in Washington. as above recorded. Mr. Speaker, I yield back the balance NOES—233 Stated against: Mr. MACARTHUR. Mr. Speaker, I was un- of my time. Abraham Ferguson Marino The SPEAKER pro tempore. Without Aderholt Fitzpatrick Marshall avoidably detained. Had I been present, I objection, the previous question is or- Allen Fleischmann Massie would have voted ‘‘nay’’ on rollcall No. 44. Amash Flores Mast dered on the motion to recommit. The SPEAKER pro tempore. The Amodei Fortenberry McCarthy question is on the passage of the bill. There was no objection. Arrington Foxx McCaul The question was taken; and the The SPEAKER pro tempore. The Babin Franks (AZ) McClintock Bacon Frelinghuysen McHenry Speaker pro tempore announced that question is on the motion to recommit. Banks (IN) Gaetz McKinley the ayes appeared to have it. The question was taken; and the Barletta Gallagher McMorris Mr. MARINO. Mr. Speaker, on that I Speaker pro tempore announced that Barr Garrett Rodgers Barton Gibbs McSally demand the yeas and nays. the noes appeared to have it. Bergman Gohmert Meadows The yeas and nays were ordered. RECORDED VOTE Beutler Goodlatte Meehan Biggs Gosar Messer The SPEAKER pro tempore. This is a Mrs. DEMINGS. Mr. Speaker, I de- Bilirakis Gowdy Mitchell 5-minute vote. mand a recorded vote. Bishop (MI) Granger Moolenaar The vote was taken by electronic de- A recorded vote was ordered. Bishop (UT) Graves (GA) Mooney (WV) vice, and there were—yeas 238, nays Black Graves (LA) Mullin The SPEAKER pro tempore. Pursu- Blackburn Graves (MO) Murphy (PA) 183, not voting 13, as follows: ant to clause 9 of rule XX, this 5- Blum Griffith Newhouse [Roll No. 45] Bost Grothman Noem minute vote on the motion to recom- YEAS—238 mit will be followed by a 5-minute vote Brady (TX) Guthrie Nunes Brat Harper Olson Abraham Comstock Graves (MO) on passage of the bill, if ordered. Bridenstine Hartzler Palazzo Aderholt Conaway Griffith The vote was taken by electronic de- Brooks (AL) Hensarling Palmer Allen Cook Grothman vice, and there were—ayes 190, noes 233, Brooks (IN) Hice, Jody B. Paulsen Amash Costa Guthrie Buchanan Higgins (LA) Pearce Amodei Costello (PA) Harper not voting 11, as follows: Buck Hill Perry Arrington Cramer Hartzler [Roll No. 44] Bucshon Holding Pittenger Babin Crawford Hensarling Budd Hollingsworth Poe (TX) Bacon Cuellar Hice, Jody B. AYES—190 Burgess Hudson Poliquin Banks (IN) Culberson Higgins (LA) Adams Correa Green, Al Byrne Huizenga Posey Barletta Curbelo (FL) Hill Aguilar Costa Green, Gene Calvert Hultgren Ratcliffe Barr Davidson Holding Barraga´ n Courtney Grijalva Carter (GA) Hunter Reed Barton Davis, Rodney Hollingsworth Bass Crist Gutie´rrez Carter (TX) Hurd Reichert Bergman Denham Hudson Beatty Crowley Hanabusa Chabot Issa Renacci Beutler Dent Huizenga Bera Cuellar Hastings Chaffetz Jenkins (KS) Rice (SC) Biggs DeSantis Hultgren Beyer Cummings Heck Cheney Jenkins (WV) Roby Bilirakis DesJarlais Hunter Bishop (GA) Davis (CA) Higgins (NY) Coffman Johnson (LA) Roe (TN) Bishop (MI) Diaz-Balart Hurd Blumenauer Davis, Danny Himes Cole Johnson (OH) Rogers (AL) Bishop (UT) Donovan Issa Blunt Rochester DeFazio Hoyer Collins (GA) Johnson, Sam Rogers (KY) Black Duffy Jenkins (KS) Bonamici DeGette Huffman Collins (NY) Jones Rohrabacher Blackburn Duncan (SC) Jenkins (WV) Boyle, Brendan Delaney Jackson Lee Comer Jordan Rokita Blum Duncan (TN) Johnson (LA) F. DeLauro Jayapal Comstock Joyce (OH) Rooney, Francis Bost Dunn Johnson (OH) Brady (PA) DelBene Jeffries Conaway Katko Rooney, Thomas Brady (TX) Emmer Johnson, Sam Brown (MD) Demings Johnson (GA) Cook Kelly (MS) J. Brat Farenthold Jones Brownley (CA) DeSaulnier Johnson, E. B. Costello (PA) Kelly (PA) Ros-Lehtinen Bridenstine Faso Jordan Bustos Deutch Kaptur Cramer King (IA) Roskam Brooks (AL) Ferguson Joyce (OH) Butterfield Dingell Keating Crawford King (NY) Ross Brooks (IN) Fitzpatrick Katko Capuano Doggett Kelly (IL) Culberson Kinzinger Rothfus Buchanan Fleischmann Kelly (MS) Carbajal Doyle, Michael Kennedy Curbelo (FL) Knight Rouzer Buck Flores Kelly (PA) Ca´ rdenas F. Khanna Davidson Kustoff (TN) Royce (CA) Bucshon Fortenberry King (IA) Carson (IN) Ellison Kihuen Davis, Rodney Labrador Russell Budd Foxx King (NY) Cartwright Engel Kildee Denham LaHood Sanford Burgess Franks (AZ) Kinzinger Castor (FL) Eshoo Kilmer Dent LaMalfa Scalise Byrne Frelinghuysen Knight Castro (TX) Espaillat Kind DeSantis Lamborn Schweikert Calvert Gaetz Kustoff (TN) Chu, Judy Esty Krishnamoorthi DesJarlais Lance Scott, Austin Carter (GA) Gallagher Labrador Cicilline Evans Kuster (NH) Diaz-Balart Latta Sensenbrenner Carter (TX) Garrett LaHood Clark (MA) Foster Langevin Donovan Lewis (MN) Sessions Chabot Gibbs LaMalfa Clarke (NY) Frankel (FL) Larsen (WA) Duffy LoBiondo Shimkus Chaffetz Gohmert Lamborn Clay Fudge Larson (CT) Duncan (SC) Long Shuster Cheney Goodlatte Lance Clyburn Gabbard Lawrence Duncan (TN) Loudermilk Simpson Coffman Gosar Latta Cohen Gallego Lawson (FL) Dunn Love Smith (MO) Cole Gowdy Lewis (MN) Connolly Garamendi Lee Emmer Lucas Smith (NE) Collins (GA) Granger LoBiondo Conyers Gonzalez (TX) Levin Farenthold Luetkemeyer Smith (NJ) Collins (NY) Graves (GA) Long Cooper Gottheimer Lewis (GA) Faso Marchant Smith (TX) Comer Graves (LA) Loudermilk

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.123 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H372 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Love Pittenger Smith (NJ) SchultzWaters, Watson Coleman Wilson (FL) Mr. Khanna, Mr. Peters, Mr. Aguilar, and Lucas Poe (TX) Smith (TX) Maxine Welch Yarmuth Mr. Castro of Texas. Luetkemeyer Poliquin Smucker NOT VOTING—13 (4) COMMITTEE ON THE BUDGET.—Ms. Lee, MacArthur Posey Stefanik Ms. Michelle Lujan Grisham of New Mexico, Marchant Ratcliffe Stewart Becerra Mulvaney Rutherford Mr. Moulton, Mr. Jeffries, Mr. Higgins of Marino Reed Stivers Cleaver Pompeo Ryan (OH) New York, and Ms. DelBene. Marshall Reichert Taylor DeLauro Price, Tom (GA) Zinke Massie Renacci Tenney Gabbard Rice (SC) (5) COMMITTEE ON EDUCATION AND THE WORK- Mast Roby Thompson (PA) Harris Rush FORCE.—Mrs. Davis of California, Mr. Gri- McCarthy Roe (TN) Thornberry jalva, Mr. Courtney, Ms. Fudge, Mr. Polis, McCaul Rogers (AL) Tiberi ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Sablan, Ms. Wilson of Florida, Ms. McClintock Rogers (KY) Tipton The SPEAKER pro tempore (during Bonamici, Mr. Takano, Ms. Adams, Mr. McHenry Rohrabacher Trott the vote). There are 2 minutes remain- DeSaulnier, Mr. Norcross, Ms. Blunt Roch- McKinley Rokita Turner McMorris Rooney, Francis Upton ing. ester, and Mr. Krishnamoorthi. Rodgers Rooney, Thomas Valadao (6) COMMITTEE ON ENERGY AND COMMERCE.— McSally J. Wagner b 1846 Mr. Rush, Ms. Eshoo, Mr. Engel, Mr. Gene Meadows Ros-Lehtinen Walberg So the bill was passed. Green of Texas, Ms. DeGette, Mr. Michael F. Meehan Roskam Walden The result of the vote was announced Doyle of Pennsylvania, Ms. Schakowsky, Mr. Messer Ross Walker Butterfield, Ms. Matsui, Ms. Castor of Flor- Mitchell Rothfus Walorski as above recorded. ida, Mr. Sarbanes, Mr. McNerney, Mr. Welch, Moolenaar Rouzer Walters, Mimi A motion to reconsider was laid on Mr. Ben Ray Luja´ n of New Mexico, Mr. Mooney (WV) Royce (CA) Weber (TX) Mullin Russell Webster (FL) the table. Tonko, Ms. Clarke of New York, Mr. Murphy (FL) Sanford Wenstrup f Loebsack, Mr. Schrader, Mr. Kennedy, Mr. Murphy (PA) Scalise Westerman Ca´ rdenas, Mr. Ruiz, Mr. Peters, and Mrs. Newhouse Schrader Williams ANNOUNCEMENT BY THE SPEAKER Dingell. Noem Schweikert Wilson (SC) PRO TEMPORE (7) COMMITTEE ON FINANCIAL SERVICES.— Nunes Scott, Austin Wittman Mrs. Carolyn B. Maloney of New York, Ms. Olson Sensenbrenner Womack The SPEAKER pro tempore. The Vela´ zquez, Mr. Sherman, Mr. Meeks, Mr. Palazzo Sessions Woodall Chair announces that the Speaker’s ap- Palmer Shimkus Yoder Capuano, Mr. Clay, Mr. Lynch, Mr. David Paulsen Shuster Yoho pointment of members of the Perma- Scott of Georgia, Mr. Al Green of Texas, Mr. Pearce Simpson Young (AK) nent Select Committee on Intelligence Cleaver, Ms. Moore, Mr. Ellison, Mr. Perl- Perry Smith (MO) Young (IA) on January 6, 2017, without objection, mutter, Mr. Himes, Mr. Foster, Mr. Kildee, Peterson Smith (NE) Zeldin is made notwithstanding the require- Mr. Delaney, Ms. Sinema, Mrs. Beatty, Mr. Heck, Mr. Vargas, Mr. Gottheimer, Mr. Gon- NAYS—183 ment of clause 11(a)(4)(A) of rule X. zalez of Texas, Mr. Crist, and Mr. Kihuen. Adams Fudge Moulton There was no objection. (8) COMMITTEE ON FOREIGN AFFAIRS.—Mr. Aguilar Gallego Nadler f Sherman, Mr. Meeks, Mr. Sires, Mr. Con- Barraga´ n Garamendi Napolitano nolly, Mr. Deutch, Ms. Bass, Mr. Keating, Bass Gonzalez (TX) Neal ELECTING MEMBERS TO CERTAIN Mr. Cicilline, Mr. Bera, Ms. Frankel of Flor- Beatty Gottheimer Nolan STANDING COMMITTEES OF THE ida, Ms. Gabbard, Mr. Castro of Texas, Ms. Bera Green, Al Norcross Kelly of Illinois, Mr. Brendan F. Boyle of Beyer Green, Gene HOUSE OF REPRESENTATIVES O’Halleran Pennsylvania, Ms. Titus, Mrs. Torres, Mr. Bishop (GA) Grijalva O’Rourke Mr. CROWLEY. Mr. Speaker, I send Blumenauer Gutie´rrez Schneider, Mr. Suozzi, and Mr. Espaillat. Pallone to the desk a resolution and ask unani- Blunt Rochester Hanabusa Panetta (9) COMMITTEE ON HOMELAND SECURITY.— Bonamici Hastings Pascrell mous consent for its immediate consid- Ms. Jackson Lee, Mr. Langevin, Mr. Rich- Boyle, Brendan Heck Payne eration. mond, Mr. Keating, Mr. Payne, Mr. Vela, F. Higgins (NY) Pelosi Mrs. Watson Coleman, Miss Rice of New Brady (PA) Himes The Clerk read the title of the resolu- Perlmutter tion. York, Mr. Correa, Mrs. Demings, and Ms. Brown (MD) Hoyer Peters Barraga´ n. Brownley (CA) Huffman Pingree The SPEAKER pro tempore. Is there Bustos Jackson Lee (10) COMMITTEE ON HOUSE ADMINISTRA- Pocan objection to the request of the gen- TION.—Mr. Raskin. Butterfield Jayapal Polis tleman from New York? (11) COMMITTEE ON THE JUDICIARY.—Mr. Capuano Jeffries Price (NC) Carbajal Johnson (GA) Quigley There was no objection. Conyers, Mr. Nadler, Ms. Lofgren, Ms. Jack- Ca´ rdenas Johnson, E. B. Raskin The text of the resolution is as fol- son Lee, Mr. Cohen, Mr. Johnson of Georgia, Carson (IN) Kaptur Rice (NY) Ms. Judy Chu of California, Mr. Deutch, Mr. Cartwright Keating lows: Richmond Gutie´rrez, Ms. Bass, Mr. Richmond, Mr. Castor (FL) Kelly (IL) H. RES. 45 Rosen Jeffries, Mr. Cicilline, Mr. Swalwell of Cali- Castro (TX) Kennedy Roybal-Allard Resolved, That the following named Mem- Chu, Judy Khanna fornia, Mr. Ted Lieu of California, Mr. Ruiz Cicilline Kihuen bers be and are hereby elected to the fol- Raskin, and Ms. Jayapal. Ruppersberger Clark (MA) Kildee lowing standing committees of the House of (12) COMMITTEE ON NATURAL RESOURCES.— Sa´ nchez Clarke (NY) Kilmer Representatives: Mrs. Napolitano, Ms. Bordallo, Mr. Costa, Sarbanes Clay Kind (1) COMMITTEE ON AGRICULTURE.—Mr. Schakowsky Mr. Sablan, Ms. Tsongas, Mr. Huffman, Mr. Clyburn Krishnamoorthi Peterson, Mr. David Scott of Georgia, Mr. Lowenthal, Mr. Beyer, Mrs. Torres, and Mr. Cohen Kuster (NH) Schiff Schneider Costa, Mr. Walz, Ms. Fudge, Mr. McGovern, Gallego. Connolly Langevin Mr. Vela, Ms. Michelle Lujan Grisham of Conyers Larsen (WA) Scott (VA) (13) COMMITTEE ON OVERSIGHT AND GOVERN- Cooper Larson (CT) Scott, David New Mexico, Ms. Kuster of New Hampshire, MENT REFORM.—Mrs. Carolyn B. Maloney of Correa Lawrence Serrano Mr. Nolan, Mrs. Bustos, Mr. Sean Patrick New York, Ms. Norton, Mr. Clay, Mr. Lynch, Courtney Lawson (FL) Sewell (AL) Maloney of New York, Ms. Plaskett, Ms. Mr. Cooper, Mr. Connolly, Ms. Kelly of Illi- Crist Lee Shea-Porter Adams, Mr. Evans, Mr. Lawson of Florida, nois, Mrs. Lawrence, Mr. Ted Lieu of Cali- Sherman Crowley Levin Mr. O’Halleran, Mr. Panetta, and Mr. Soto. fornia, Mrs. Watson Coleman, Ms. Plaskett, Cummings Lewis (GA) Sinema Sires (2) COMMITTEE ON APPROPRIATIONS.—Ms. and Mr. Brendan F. Boyle of Pennsylvania. Davis (CA) Lieu, Ted Kaptur, Mr. Visclosky, Mr. Serrano, Ms. Davis, Danny Lipinski Slaughter (14) COMMITTEE ON SCIENCE, SPACE, AND DeFazio Loebsack Smith (WA) DeLauro, Mr. Price of North Carolina, Ms. TECHNOLOGY.—Ms. Eddie Bernice Johnson of DeGette Lofgren Soto Roybal-Allard, Mr. Bishop of Georgia, Ms. Texas, Ms. Lofgren, Mr. Lipinski, Ms. Delaney Lowenthal Speier Lee, Ms. McCollum, Mr. Ryan of Ohio, Mr. Bonamici, Mr. Bera, Ms. Esty, Mr. Veasey, DelBene Lowey Suozzi Ruppersberger, Ms. Wasserman Schultz, Mr. and Mr. Beyer. Swalwell (CA) Demings Lujan Grisham, Cuellar, Ms. Pingree, Mr. Quigley, Mr. Kil- (15) COMMITTEE ON SMALL BUSINESS.—Ms. DeSaulnier M. Takano mer, Mr. Cartwright, Ms. Meng, Mr. Pocan, Thompson (CA) Judy Chu of California. Deutch Luja´ n, Ben Ray Ms. Clark of Massachusetts, and Mr. Aguilar. Dingell Lynch Thompson (MS) (16) COMMITTEE ON TRANSPORTATION AND IN- Doggett Maloney, Titus (3) COMMITTEE ON ARMED SERVICES.—Mr. FRASTRUCTURE.—Mr. DeFazio, Ms. Norton, Doyle, Michael Carolyn B. Tonko Brady of Pennsylvania, Mrs. Davis of Cali- Mr. Nadler, Ms. Eddie Bernice Johnson of F. Maloney, Sean Torres fornia, Mr. Langevin, Mr. Larsen of Wash- Texas, Mr. Cummings, Mr. Larsen of Wash- Ellison Matsui Tsongas ington, Mr. Cooper, Ms. Bordallo, Mr. Court- ington, Mr. Capuano, Mrs. Napolitano, Mr. Engel McCollum Vargas ney, Ms. Tsongas, Mr. Garamendi, Ms. Lipinski, Mr. Cohen, Mr. Sires, Mr. Eshoo McEachin Veasey Speier, Mr. Veasey, Ms. Gabbard, Mr. Garamendi, Mr. Johnson of Georgia, Mr. Car- Espaillat McGovern Vela O’Rourke, Mr. Norcross, Mr. Gallego, Mr. Esty McNerney Vela´ zquez son of Indiana, Mr. Nolan, Ms. Titus, Mr. Evans Meeks Visclosky Moulton, Ms. Hanabusa, Ms. Shea-Porter, Sean Patrick Maloney of New York, Ms. Foster Meng Walz Ms. Rosen, Mr. McEachin, Mr. Carbajal, Mr. Esty, Ms. Frankel of Florida, Mrs. Bustos, Frankel (FL) Moore Wasserman Brown of Maryland, Mrs. Murphy of Florida, Mr. Huffman, Ms. Brownley of California,

VerDate Sep 11 2014 03:21 Jan 24, 2017 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD17\H11JA7.REC H11JA7 bjneal on DSK30MX082PROD with CONG-REC-ONLINE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H373 Ms. Wilson of Florida, Mr. Payne, Mr. The American people deserve full dis- ‘‘Stu’’ around Oroville. He passed away Lowenthal, Mrs. Lawrence, and Mr. closure about any financial or personal just recently, December 13, at the age DeSaulnier. interests held over this incoming ad- of 76. (17) COMMITTEE ON VETERANS’ AFFAIRS.— ministration by foreign entities and Mr. Walz, Mr. Takano, Ms. Brownley of Cali- A resident of Oroville, California, fornia, Ms. Kuster of New Hampshire, Mr. potential collusion to undermine our since age 5, Stu was a prominent mem- O’Rourke, and Miss Rice of New York. democracy. ber of the community known for his (18) COMMITTEE ON WAYS AND MEANS.—Mr. Why has Mr. Trump failed to oppose civic engagement and a true passion Levin, Mr. Lewis of Georgia, Mr. Becerra, Russia’s forceful annexation of Crimea? for his small town, the one I grew up in Mr. Doggett, Mr. Thompson of California, Why did he pressure his party to offi- as well. Mr. Larson of Connecticut, Mr. Blumenauer, cially withdraw a plank calling for as- Mr. Kind, Mr. Pascrell, Mr. Crowley, Mr. sistance to Ukraine? While poor eyesight prevented Stu Danny K. Davis of Illinois, Ms. Sa´ nchez, Mr. Why did Mr. Trump reflexively at- from joining the military, he went out Higgins of New York, Ms. Sewell of Alabama, of his way to serve in many other ways, and Ms. DelBene. tack our own intelligence officials when they warned of Russian inter- serving veterans, serving his commu- The resolution was agreed to. ference in the election? nity, and making veterans feel treas- A motion to reconsider was laid on Why is he avoiding regular intel- ured. He served his community in so the table. ligence briefings? many different ways, it is not hard to f Now that our intelligence commu- think of Stu as the main fiber of our NATIONAL HUMAN TRAFFICKING nity has concretely confirmed that town of Oroville. AWARENESS DAY Russia meddled in our democracy, we One of Stu’s life goals was to erect a (Mr. YOHO asked and was given per- must demand to know if there has been memorial park for veterans in Oroville. mission to address the House for 1 any undue influence on Mr. Trump He worked very hard to accomplish minute and to revise and extend his re- since he began his campaign. These this, serving as co-chair for the Vet- marks.) new allegations finally shed light on erans Memorial Park for over a decade. Mr. YOHO. Mr. Speaker, today is Na- his potential motives. When you heard from Stu, you heard tional Human Trafficking Awareness Mr. Speaker, Congress, as a coequal from him. He was going to get this Day, an issue close to my heart. branch of government, must conduct a done, and we were all determined to be Human trafficking is nothing more bipartisan investigation and do it im- helpful for him. He was relentless. The than modern-day slavery. Last Con- mediately. new park is under construction this gress, the Foreign Affairs Committee f very moment. shined a light on this scourge that af- SHAME SEX TRAFFICKERS In the words of everyone who knew fects millions around the world and Stu, he was one of the good guys who passed into law the International (Mr. POE of Texas asked and was given permission to address the House loved his family, his town, and the vet- Megan’s Law, which attacks child sex erans who served his country. tourism by child sex offenders, im- for 1 minute.) proves international law enforcement Mr. POE of Texas. Mr. Speaker, God bless Stu Shaner’s family. We cooperation, and improves notices of human trafficking victims are slaves will miss him. child sex offenders traveling to the living in fear, totally losing their iden- U.S. tity. f We have come a long way in creating On this National Human Trafficking awareness, but more must be done. Ac- Awareness Day, it is time to publicly GEORGIA CYBER INNOVATION AND cording to the Polaris Project, from expose the traffickers. As a former TRAINING CENTER 2007 to 2015, over 25,000 cases of human judge in Texas, I used public punish- trafficking were discovered in the ment to keep criminals from returning (Mr. ALLEN asked and was given United States, and 7,700 of these were to my courtroom and to discourage permission to address the House for 1 minors. Over 100,000 calls were made to other criminals from committing more minute and to revise and extend his re- the National Human Trafficking Re- crimes. marks.) source Center hotline. This form of public shaming can be Mr. ALLEN. Mr. Speaker, I rise We all know this is an issue that does successful in combating human traf- today to applaud Governor Deal’s plan not discriminate. It can affect every- ficking. That is why, today, I intro- to begin construction on the Georgia one. In north Florida, over Christmas, duced the SHAME Act. This bill will Cyber Innovation and Training Center a man was arrested for trafficking a give Federal judges the ability to pub- in Georgia. lish the names and photographs of both woman across five county lines. This Cyber is the new frontier in warfare. convicted human traffickers and the case started with him luring her to In order to field the threats of today buyers of trafficked victims. Buyers Florida over the Internet and ended and tomorrow, a 21st century military will no longer be able to hide in plain when law enforcement were able to is essential. Our community back home sight under a cloak of anonymity. save the victim after seeing her in in Georgia is proving to be a major My hope is that the SHAME Act adult advertisements online. influencer and champion in the cyber strikes fear in those who think about I want to thank all those who were arena. With the U.S. Army Cyber Com- purchasing young women for sex. Per- involved in bringing this person to jus- mand’s transition to Fort Gordon, nu- haps the thought of having their face tice. merous tech companies and jobs invest- On this National Human Trafficking on a billboard will make the scoundrels ing in our area, the creation of local Awareness Day, we in Congress will not think twice about participating in the cyber institutes substitutes, and now look away. We will continue to fight modern-day slave trade. It is time to the establishment of the Georgia Cyber the scourge called human trafficking. shame these horrible humans out of Innovation and Training Center, Geor- f business. And that is just the way it is. gia’s 12th District has the potential to MORE QUESTIONS THAN ANSWERS become the security, technology, and f (Mr. BRENDAN F. BOYLE of Penn- innovation hub of the southeast. sylvania asked and was given permis- HONORING THE LIFE OF PAUL Because of the work that will be done sion to address the House for 1 minute STEWART ‘‘STU’’ SHANER here, we will be leading the charge in and to revise and extend his remarks.) (Mr. LAMALFA asked and was given creating the cyber workforce and lead- Mr. BRENDAN F. BOYLE of Pennsyl- permission to address the House for 1 ing our Nation. The battlefields don’t vania. Mr. Speaker, today, we have minute and to revise and extend his re- look like they used to. We have got to more questions than answers about marks.) adapt fast. I am thankful to Governor profoundly disturbing ties between the Mr. LAMALFA. Mr. Speaker, I rise Deal for his efforts to not only create President-elect and shadowy Russian today in sadness to honor the life of a jobs, but to strengthen our national se- influences. friend, Paul Stewart Shaner, known as curity and invest in our community.

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.073 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H374 CONGRESSIONAL RECORD — HOUSE January 11, 2017 2016 NATIONAL DRUG CONTROL and treatment of addiction and support Republican Study Committee as the STRATEGY—MESSAGE FROM THE services to help maintain recovery in new chairman—and I welcome you as PRESIDENT OF THE UNITED the community. We have sought to use the new chairman of the Republican STATES (H. DOC. NO. 115–5) medical terms and non-stigmatizing Study Committee—but for his leader- The SPEAKER pro tempore (Mr. language when discussing substance ship on issues related to the impor- DUNN) laid before the House the fol- use disorders, and those who suffer tance of repealing this disastrous law lowing message from the President of from this disease. Our support for law that is making life harder on the the United States; which was read and, enforcement has led to significant out- American people; and not just repeal- together with the accompanying pa- comes in taking down drug trafficking ing it, but replacing it with policy pers, referred to the Committee on the organizations and removing millions of ideas that put power back in the hands Judiciary, Committee on Agriculture, pounds of drugs from the market. And of patients, their families, and their Committee on Armed Services, Com- our work with our international part- doctors instead of driving up costs, mittee on Energy and Commerce, Com- ners has been instrumental in our al- forcing people to lose their healthcare mittee on Education and the Work- lies’ increasing regulation of chemical plans, forcing the government to ration force, Committee on Financial Serv- precursors to synthetic drugs and re- health care. We need a better way. ices, Committee on Homeland Secu- ducing their movement across the I am proud to say that we are sup- rity, Committee on Oversight and Gov- globe. Throughout my Administration, porting not just repealing ObamaCare ernment Reform, Committee on For- we have used the best available evi- here tonight, but bringing to the Amer- eign Affairs, Committee on Natural Re- dence to balance the Nation’s public ican people some constructive, positive sources, Committee on Transportation health and public safety and drive col- ideas that will make life easier for and Infrastructure, Committee on laborative efforts to create healthier, them and improve their lives through Ways and Means, Committee on Vet- safer, and more prosperous commu- better patient-centered health care. erans’ Affairs, and the Permanent Se- nities. Mr. Speaker, Kentucky was once por- lect Committee on Intelligence and or- The Nation’s work in reducing drug trayed by President Obama, a red dered to be printed: use and its consequences is not done State, as a model of the implementa- and there are many opportunities for tion of ObamaCare. Yet, every day in To the Congress of the United States: advancing efforts to address ongoing Kentucky, in my district in central and I am pleased to transmit the 2016 Na- and emerging challenges. I thank the eastern Kentucky, I hear stories from tional Drug Control Strategy summa- Congress for its continued support of families and small businesses and indi- rizing the accomplishments of my Ad- our efforts and ask that you continue viduals who have been hurt by this dis- ministration’s 21st century approach to to support this vital endeavor. astrous law. drug policy and opportunities to con- BARACK OBAMA. Now, over the next few weeks, as tinue to reduce the burden of substance THE WHITE HOUSE, January 11, 2017. President-elect Trump comes into of- use in the United States. My Adminis- f fice and as this Congress revisits the tration released its first Strategy in 2010 issue of healthcare reform, I expect we with a commitment to use the best b 1900 will hear from our friends on the other available science and to consult broad- THE PEOPLE’S NIGHT: side of the aisle, arguments like ‘‘Don’t ly to develop a balanced and com- OBAMACARE repeal ObamaCare. We have 20 million prehensive approach to drug policy new Americans who have insurance.’’ that incorporates both public health The SPEAKER pro tempore. Under But that statistic needs to be scruti- and public safety approaches to address the Speaker’s announced policy of Jan- nized because the truth of the matter this complex problem. uary 3, 2017, the gentleman from North is ObamaCare forced people to lose We set aggressive goals to reduce Carolina (Mr. WALKER) is recognized their health care. In many cases, and drug use by 2015 and though the results for 60 minutes as the designee of the in Kentucky as an example, many of of our efforts are mixed, we have seen majority leader. my constituents lost high-quality, pri- progress in reducing drug use and in Mr. WALKER. Mr. Speaker, tonight vate, commercial health insurance cooperation both nationally and inter- is our third time that we have hosted through their workplace, and millions nationally. As a Nation we exceeded People’s Night. This is a time for our of Americans received cancellation no- our goals for reducing alcohol and to- Members to bypass outside forces and tices in the mail. Their small employ- bacco use among youth and for reduc- influences and talk directly to the ers told them that they were going to ing the number of new HIV infections American people. have to change their health plans be- attributable to drug use. We have been Tonight we are presenting something cause of this law. less successful in reducing illicit drugs that has been very important, not just So not only do we see now sky- in youth and young adults as well as a topic, but something that nearly 6 rocketing costs for those who currently reducing the number of drug-induced years ago—or a little over 6 years ago— have health insurance, but many deaths and driving while drugged. We right here where we stand tonight was Americans who our friends on the also face serious challenges including passed in an overly bipartisan manner other side of the aisle say now are in- an epidemic of opioid use and overdose and has burdened the American people sured or covered, these are folks who deaths as well as growing threats from in what is now known as ObamaCare, lost their health insurance before. drug trafficking organizations involved the Affordable Care Act. What happened? in manufacturing and distributing co- This is a piece of legislation that has They lost high-quality, job-based caine and synthetic drugs, including burdened small businesses and individ- health insurance, and so they were novel psychoactive substances. These uals alike. Now we have been asked to forced into these exchanges. In Ken- threats may continue to have an im- fix it, to repeal and to replace. Well, it tucky it was called Kynect. In many pact on drug use across lifespans, par- takes Members to be able to have expe- cases, they went to the cheapest plan ticularly chronic drug use and its con- rience in this particular field to under- available, which happened to be Med- sequences that contribute to poor aca- stand the heart of community. One of icaid. Well, my fellow Americans, ac- demic performance, crime, under- the people who does that most, specifi- cess to a waiting line is not access to employment, lost productivity, and cally in the area of poverty initiatives, health care. Unfortunately, Medicaid is health care costs, all of which threaten who reaches across community lines, oftentimes access to a waiting line, and families and communities. reaches across party lines is the gen- it is not access to true health care. My Administration has consistently tleman from Kentucky, my good President Obama’s promise that his sought a broad coalition of partners to friend, Representative ANDY BARR from healthcare law would help people has provide input into the development and Kentucky. I yield to the gentleman not turned out to be the case. In terms enhancement of the Strategy during the from Kentucky (Mr. BARR). of cost, remember, this is called the Af- past 7 years. We have invested in Mr. BARR. Mr. Speaker, I thank my fordable Care Act, but it is anything science to better understand the nature friend, the gentleman from North Caro- but affordable because even though he of addiction and inform the prevention lina, for his leadership not only of the promised that premiums would decline

VerDate Sep 11 2014 07:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.131 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H375 by $2,500 a year for the average family, And, of course, those plaintiffs should tinued leadership and for the oppor- premiums have actually increased for be able to fully recover damages for tunity to rise today to join him and hardworking Americans. Premiums those cases of genuine actual mal- this group in this urgent discussion re- have increased for 11 million people, practice. But for these frivolous law- garding solutions for our Nation’s according to a report by the Centers suits, that is driving up the cost of healthcare crisis. for Medicare & Medicaid Services. Mil- care. The fact that ObamaCare never I do appreciate the opportunity to be lions of Americans, as I said before, even dealt with that issue is a funda- with my colleagues tonight and the lost previous coverage or had to change mental flaw in the previous efforts to sense of urgency that I feel from this doctors due to this disastrous law. reform our healthcare system. group to address a very important Take, for example, Laura in my con- So I am a proud cosponsor of the Re- issue. gressional district in Kentucky. Laura publican Study Committee’s America Mr. Speaker, since the 2,700-page is a young mother who had a baby girl, Health Care Reform Act. In the Amer- healthcare law was enacted in 2010, Catherine. Catherine was diagnosed ican Health Care Reform Act is legisla- when our colleague from across the with a congenital heart defect, ventric- tion that I introduced with Senator aisle absurdly rose and declared that ular septal defect at birth, which is ba- BARRASSO called the Saving Lives, Sav- we would know what was in it as soon sically a hole in the wall of the heart. ing Costs Act. This doesn’t cap dam- as we passed it, young adults, families, They needed high-quality pediatric ages for cases of actual malpractice, and seniors have been punished and cardiology to help Catherine. So they but if there is a frivolous claim, if the their policies canceled. got a specialist at Boston Children’s liability climate is producing frivolous We have seen skyrocketing costs, Hospital. Of course, a long way away lawsuits, what we say is this: If you are poor coverage and, clearly, a lack of from Kentucky, but they wanted the a hospital or a doctor or a nurse and choices. I hear from constituents every best, of course, for their daughter. you practice in accordance with peer single day who say that the law has not When ObamaCare went into effect, un- reviewed, evidence-based clinical prac- made health care more affordable, as fortunately they lost their job-based tice guidelines, that there should be a President Obama promised it would. health insurance that allowed them to higher standard of proof for that plain- Instead, healthcare insurance pre- access these specialists up in Boston tiff to get to a jury trial. miums have skyrocketed and are slated for Catherine. The result was, they lost We want a safe harbor for our out- to increase again and again and again— their doctor. standing medical professionals who significantly—regardless of what Con- What do you think a young mother practice in accordance with the latest gress is able to do about the law this and a young father are going to do in state-of-the-art guidelines on how to year. In fact, those who currently have that situation? take care of patients. a plan can expect an average premium So this does two things. Number one, Guess what, they had to find a very increase of 73 percent, while individ- it raises the standard of care. We are expensive policy to cover a Boston sur- uals who are just joining will see a 96 helping people access better, higher- geon out of network out of State, and percent increase in premiums. Job pro- quality medicine in this country with so their costs skyrocketed. viders are getting smothered as well. this legislation; and we are cutting out This is the kind of thing that was Prior to joining Congress, I was a frivolous lawsuits, this litigation lot- happening to millions of Americans as member of the private sector, and I can tery that is driving up the cost of a result of ObamaCare. tell you firsthand that small businesses Look, ObamaCare obviously reduced health care for all Americans. This is the kind of reform that, if en- are cutting hours. They are letting go choice and competition. There are now acted, would replace ObamaCare with of workers. All of these things they are only three plans participating in the reforms that would actually lower the doing to make room for the ever-ex- ObamaCare exchange in Kentucky, one cost of health care without growing panding healthcare law. It is pre- of which covers a full 78 percent of the government. venting the economy—small business, State’s individual marketplace enroll- I applaud the efforts of the Repub- which is the backbone of our econ- ees. In many States there is only one lican Study Committee for offering omy—from growing to its fullest poten- plan on the exchange. This has left too real solutions that will put patients tial. many families with no choice but to and doctors in charge again and not For all of these reasons, 8 out of purchase high-deductible, high-pre- Washington, D.C. every 10 Americans now favor changing mium coverage. In Kentucky, insur- Mr. WALKER. I thank Representa- ObamaCare significantly or replacing ance plans have been forced to raise tive BARR. Your compassion on this it altogether. What we do know is that premiums by 23 percent in 2017 alone. topic is certainly evident. We appre- doing nothing is not an option. Leaving There is a better way, and the better ciate your comments this evening. this alone will result in further costs, way is healthcare reform that is fo- Mr. Speaker, there are a couple of further struggles by our families and cused on the patient, not putting bu- numbers I would like to share that small businesses, and we will see this reaucrats in charge, not taking away puts it a little bit in the context of whole healthcare law collapse upon choices, not driving up costs, not cre- what we are dealing with here. Sev- itself. I do not believe and I don’t think ating narrow networks for people, not enty-five percent of co-ops have failed. my colleagues believe here today that forcing people out of their high-quality In five States, Americans are down to doing nothing is an option. private health insurance into govern- just one option. The great thing about Last year in Michigan, deductibles ment-run health care, but, instead, em- our country’s history is that we have went up an average of $492 across all powering patients to access more af- choices. We have decisions. Yet, since bronze, silver, and gold plans. This fordable private coverage. the takeover of this administration year our exchange rates will jump 17 And one of the ways we can lower the over health care, those choices have percent in the State of Michigan. Fam- cost of health care, make it more af- continued to reduce. Sometimes you ilies have a budget just like everybody fordable for people to access high-qual- may hear Congress this or Congress else and they simply cannot absorb ity private health insurance, is medical that. One of the neat things about Con- that kind of cost increase. malpractice reform. gress is the amount of people coming Complicating matters further, insur- Frivolous lawsuits, junk lawsuits, from diverse backgrounds. ers like UnitedHealth Group are leav- have driven up the cost of health care Our next speaker tonight is Rep- ing the exchanges. Private practices in this country significantly. One of resentative MIKE BISHOP, former senate are folding and doctors are being forced the fatal flaws of ObamaCare is that it majority leader in his home State of to retire because they can’t financially never addressed this cost of healthcare Michigan, who was already working on stay afloat. inflation. those reforms when he came to the b 1915 Over the course of their careers, it is United States Congress. estimated that 75 percent of all physi- Mr. Speaker, I yield to my good I can tell you, from a personal per- cians will face a malpractice claim. friend from Michigan (Mr. BISHOP). spective in my own family, I have seen Now, to be sure, some of those cases of Mr. BISHOP of Michigan. Mr. Speak- my doctor disappear recently this past medical negligence are legitimate. er, I thank the gentleman for his con- year. Seemingly overnight, he retired

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.132 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H376 CONGRESSIONAL RECORD — HOUSE January 11, 2017 and moved away because he could not Mr. Speaker, I yield to the gentleman This week, Governor Hutchinson keep up with the costs of staying in from Arkansas (Mr. HILL). wrote the House leadership decrying business as a private practitioner. Mr. HILL. I thank the chairman for the individual and employer mandates I had a rheumatologist in my dis- yielding and for his leadership to set and stressing the need for healthcare trict. He is a very well-respected man aside for us to visit with the American reform that provides our States more who treats many rheumatoid patients people and talk about empowering pa- flexibility—more flexibility, Mr. in our district. It is a very sad fact. tients, not politicians. Speaker—to design programs that fit These people count on him every single For 6 years, we have witnessed the the needs of people in our State while day of the week. They have been forced failed rollout of the ObamaCare pro- increasing predictability and afford- out of his practice because they no gram. We didn’t get to keep our plan ability. Some of the points Governor longer fit into the network. He is that we liked, and we didn’t get to Hutchinson made in his letter to our forced with compliance costs—over- keep our doctor that we had such a leadership include calling for States whelming compliance costs. He has to good relationship with. We have seen having the option of receiving Med- hire new people to cover the compli- physicians leave the business. We have icaid funds through a block grant ena- ance requirements. He doesn’t have the spent billions on duplicative, unneces- bling them to tailor the program in the same reimbursement rates. sary exchanges that are now failing Medicaid population under health care After all is said and done, a private across this country. So I commend the in what fits Arkansas, what Arkansans practitioner, a specialist like this, can Republican Study Committee, and I am can afford. In fact, that is our Better no longer stay in business; and families proud to be a part of this group to talk Way approach, Mr. Speaker, for the like ours, people like you and like me, about how to bring relief to the Amer- Medicaid population. can no longer continue to have that re- ican people on the failed ObamaCare He calls for the elimination of the lationship, that doctor-patient rela- law. Federal health insurance exchanges. tionship, that very personal relation- I still hear from constituents—even We had exchanges before ObamaCare ship that we have had for years. These now, 6 years later, from this rolling that can be operated by States in the are real people, doctors, but also fami- evolution of ObamaCare—who have private sector without Federal inter- lies and small businesses in our local seen their coverage lost and their in- ference. Governor Hutchinson called communities that are struggling to creases in healthcare costs skyrocket. for restricting the duplicative reviews stay financially afloat. The end result This healthcare regulatory burden that of rate and plan filings by CMS. They is we are losing good doctors because of we are talking about tonight has led to are already being done by our indi- the failures of ObamaCare. droves of part-time jobs instead of full- vidual State insurance regulators. Of Mr. Speaker, when a law has unin- time jobs and unaffordable group plans course, the thing that drives up costs tended consequences, Congress has an for the people who were in a good small not only for the Medicaid population, obligation to step up and make things business group plan. This regulatory for people on the ObamaCare ex- right. In 2017, this will require a col- burden is on top of what has been a 6- changes, and for people out in the laborative, bipartisan approach to ad- year to 8-year crushing burden on busi- group health plans is the essential dress the issue. This is about finding a ness from many different agencies from health benefits requirement. pain-free way to move forward with the EPA and beyond. Governor Hutchinson says that this health care in our Nation to ensure our One constituent wrote my office after has driven up costs for everybody, for neighbors and our families don’t have he was forced to accept an insurance government, for families, and that to struggle to make ends meet because plan to meet the affordable healthcare elimination of these requirements of failed law. law that cost him $1,300 a month, Mr. would provide flexible options for in- We must act, Mr. Speaker. I want to Speaker, and he still has to meet two surance providers to offer cheaper thank Chairman WALKER for his con- $2,500 deductibles before the insurance plans to younger and healthier individ- tinued support and his continued lead- coverage kicks in. Now, that is $20,600 uals. That is key to choice, Mr. Speak- ership on this important issue. a year. Mr. Speaker, I was a small busi- er. Mr. WALKER. I thank Representa- nessman before I joined Congress, and In some counties, Arkansans now tive BISHOP of Michigan. we had employees that made $20,600 a only have one insurance option. I don’t One of the numbers my friend just year in our small business. So what is think one option is an option. There is mentioned was 8 out of 10. Nearly 80 left for the family budget when you are no choice. This monopoly or oligopoly percent, according to Gallup, believe going to spend $20,000 for health care? pricing combined with the mandates this law should be overhauled or com- That is typical now after the rollout of are demonstrating the unaffordability pletely repealed. So I ask people ObamaCare for a family of four. This is of the Affordable Care Act. watching tonight and my friends across in a place in our country where With the recent election, we now the aisle: Are we to do nothing? In fact, healthcare costs $20- or $30,000 a year in have a unique opportunity to recognize even in the press conference today, out-of-pocket expenses? Obviously, this these flaws of this one-size-fits-all, Big President-elect Trump said that, if we system is broken. Government-mandated, top-down ap- did nothing, it would continue to fail. Now, in Arkansas, unlike much of proach to health care, reverse course, But we have an obligation to stand up the country where people are definitely and, again, bring relief to the Amer- and do what is right. seeing large, double-digit, or, in some ican people of this failed law put forth We can’t do nothing. People are suf- cases, larger increases in the by the Obama administration. Chair- fering—in fact, suffering to the place ObamaCare premium, Arkansans, on man WALKER and the Republican Study that even recently a couple months ago the exchanges, are seeing lower than Committee have put together a com- a Minnesota Governor was honest those average increases. In my view, prehensive plan to repeal ObamaCare enough to talk about how it has dam- this is largely because our Governor and replace this failed law with con- aged small business. Goodness gra- and our State legislature are working servative principles. cious, even a former Democratic Presi- hard to make the best out of a bad sit- Mr. Speaker, Americans want dent has acknowledged the destruction uation and fighting to pursue innova- change. We are asking that we design it has caused for individuals and small tive measures that work best for our those changes with patients in mind businesses. small State. and that we, in fact, in this group—Mr. No one knows more about what it The Arkansas Works program has WALKER, I know you agree—we will does to our States than individual Rep- helped to prevent skyrocketing pre- read the bill before we pass it. resentatives. One of the fine gentlemen miums on the exchanges, and the State So the RSC proposal and the Better that is speaking tonight is Representa- is still subject, though, to duplicative Way framework outlined by Speaker tive FRENCH HILL. He is one of the reviews by Federal and State agencies RYAN are going to bring relief, change, sharper minds that we have had as part and costly and burdensome regulations and opportunity that fit with the prin- of the 114th class that I have been priv- that have nothing to do with trying to ciples that have guided the Republican ileged to meet and serve with for the lower the cost of health care for Ar- Party and the Republican outlook, the last 2 years. kansans. Republican Study Committee, which is

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.134 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H377 we will bring competition and we will empt from the antitrust laws of the folks of Indiana, whom he represents. bring efforts to lower prices and in- country, created a bigger problem than It is my privilege to yield to the Rep- crease access for the American people. we had prior to the healthcare bill resentative from Indiana, TODD With that, Mr. WALKER, I commend going in place. That’s right. I want you ROKITA. you again. to hear what I said. Under ObamaCare, Mr. ROKITA. I thank Chairman Mr. WALKER. If you listened closely health insurance providers are exempt WALKER for organizing the time to- there, Representative HILL talked from the antitrust laws. These are the night, and I congratulate the gen- about some of the premiums increas- very laws that are designed to promote tleman on leading this organization. I ing. If you think back 6, 7, even 8 years competition for the benefit of the con- look forward to working with him. ago, even part of the original campaign sumer. Mr. Speaker, we could all stand up talking about the Affordable Care Act, How is it that ObamaCare can man- here and take the barbs that have been this ObamaCare, we think about three date that Americans purchase a prod- leveled by some as to how we don’t promises—we have all heard them—you uct from an industry that that very care about people or how we are this or can keep your doctor, you can keep bill left exempt from playing by the that or how we are just focused on the your healthcare plan, and premiums rules? Why did the President and the numbers. Nothing could be further are going down. Specifically one that Democratic leaders leave the health in- from the truth. We could sit idly by stands out more was the premiums surance industry exempt from the anti- and watch this terrible, insidious law going down $2,500. trust laws in the bill? I have asked continue to implode, to continue to My Democratic friends want to ig- these questions over and over. It is baf- hurt more and more Americans—insid- nore some of those numbers, but here fling to me. It means the big boys can ious because it is built on lies, like you are the facts: In 2014, premiums in- play and the little man has to pay. can keep your doctor if you want to, creased across the board 37 percent; I wish somebody from the press like you can keep your health plan if 2015, again, last year, 25 percent. In would ask that question. I don’t under- you want to—not true in any case. In- fact, in some States, it is out of sight. stand why the press doesn’t ask the stead, we are here tonight, talking In my home State of North Carolina, it Democratic Party: Why did you leave with the American people about ‘‘what is 40 percent. But in some places, in Ar- the health insurance industry exempt could be’’ when we first get rid of this izona, it is as high as 116 percent. from the antitrust laws of the country? terrible law—something that many of So the process of working to put this It is a question the President should us have voted on 60 times or more to together, the RSC plan and the repeal answer. do. We now have a real opportunity and replace, who better than to have The American Healthcare Reform with not only a Republican House, but people that have experience in this? Act reverses that. Our legislation in- a Republican Senate, and with a Presi- There is maybe nobody better in the jects much-needed competition into dent who is willing to work with us. House who has the insurance back- the health insurance marketplace by The verdict is in. In Indiana alone ground than our friend, Representative eliminating the antitrust exemptions and in my district, I have met person AUSTIN SCOTT from Georgia’s Eighth for the insurance providers. By apply- after person who has horror stories District. ing the antitrust laws to the insurance about the failure of ObamaCare. Mr. Speaker, I yield to the gentleman industry, we are making the market I spoke with Anna, whose husband, from Georgia (Mr. AUSTIN SCOTT). more competitive which, in turn, will Jack, survived stage IV cancer. With Mr. AUSTIN SCOTT of Georgia. Mr. drive down premium cost, increase Jack’s cancer only having a 30 percent Speaker, there is something I very choice, and does so without adding any survival rate, it is crucial that he has much want to speak on. I rise today on new taxes. effective doctors who know how to behalf of my many constituents back I hope the American Healthcare Re- treat and how to work the problem. In- in Georgia’s Eighth Congressional Dis- form Act will serve as the baseline for stead, Anna’s doctor quit practicing trict who have been negatively im- discussions on how to repeal and re- medicine—well before his planned re- pacted by ObamaCare. place ObamaCare, bring about debate tirement age—due to the burdensome It is pretty clear to the vast majority on how to lower healthcare costs, and costs of ObamaCare, which is some- of us that the attempt to fix our Na- allow for input from both sides of the thing that the gentleman from Georgia tion’s healthcare problems by inserting aisle, which is something ObamaCare also mentioned. more Federal control into the system did not do. Along the way, Mr. Chair- It is not just doctors who are unable has simply failed. There are some coun- man and Mr. Speaker, I sure do wish to perform their duties—their profes- ties in the district that I represent in the press would ask the President and sion—under this insidious law, but also middle and south Georgia that are the Democratic leadership: How could insurance companies that are with- down to just one—maybe two—insur- you do that to the American citizens? drawing from the market as we speak. ance providers that people can choose Mr. WALKER. Representative SCOTT, Last year alone, we saw Indiana’s ex- from. That is not competition, and well articulated. I appreciate your change lose 50 percent of its health in- that is not affordable. It is not even a heart on this. surance carriers due to regulations of choice really, and it is certainly not ‘‘if Looking at this and tackling this ObamaCare. This included IU Health, you like your plan you can keep it.’’ project because of the 2,600 pages of which covered almost 30,000 Hoosiers. My colleagues and I on the Repub- complexities, I guess we don’t need to This lack of options means that lican Study Committee have worked reiterate it, but how the minority lead- healthy Hoosiers are being forced to for a couple of years, and we have of- er said that we needed to pass this law pay for coverage that they don’t want, fered a plan to repeal ObamaCare and to be able to figure out what is in it. that they don’t need, and that, in fact, replace it with patient-centered re- may do more harm than good. forms and free-market solutions for b1930 I spoke with Mark from Tippecanoe American citizens. Obviously, it is more than just a run- County, in my district, who talked The American Healthcare Reform ning joke. With the people in the back- about the harmful impact of Act is not just about repealing ground, what does it take to kind of ObamaCare. He stated that he was ObamaCare. It is about fixing problems wrap our minds around it and to wrap forced to buy insurance with only four that existed in the healthcare system our arms around it so as to find our doctors listed as providers for the en- before ObamaCare and problems that, way back? It takes people with medical tire county. What good does this insur- quite honestly, were made worse by experience, and it takes people with ance do Mark or the rest of us if he ObamaCare. There is a lot of talk budget experience. This is going to be can’t even use it and schedule an ap- about what is in the bill that is a prob- huge. pointment? lem. I would like to talk just a second One of the Members we have here I am very proud to have worked on today about what is not in the bill that with us tonight is the vice chair of the this Republican Study Committee with is a problem. Committee on the Budget, someone the Health Care Task Force, led by my Mr. Speaker, the President, by leav- who has great concern about the dam- good friend, Dr. PHIL ROE of Tennessee. ing the health insurance industry ex- age that this has caused to the fine Over a period of a year or so, we have

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.135 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H378 CONGRESSIONAL RECORD — HOUSE January 11, 2017 put together a plan that is a very real, dentist’s practice. He is a former vet- erywhere, like Linda in Vidor, who patient-centered, consumer-focused, eran and is someone who cares about have to choose between their medica- free market-driven replacement for his district but who cares about all tions and food; like folks in El Lago— ObamaCare, but with one big dif- Americans. It is my privilege to yield David and Sheryl—and Brian in Hous- ference—our plan would work because to my friend from the great State of ton. It continues to tragically affect it harnesses the value that we all have Texas, the Lone Star State, Dr. BRIAN folks every single day. Sharell from innately as Americans and, really, as BABIN. Jasper County has faced a doubling of humans, which is the ability to value Mr. BABIN. I thank the gentleman her premiums, and Carol in Baytown price once we have the information. from North Carolina, my good friend shared how she has seen substantial in- If I left this Chamber and, God forbid, and RSC chairman, MARK WALKER, for creases in her premiums and her I broke my leg on my way down the this Special Order opportunity tonight. deductibles. steps, I wouldn’t worry too much about Mr. Speaker, Americans are hurting Retirees who have worked their en- where I was going—just to the nearest right now with their health care. tire lives, like Jack from Orange and emergency room. But that is not most ObamaCare supporters are quick to Glenda from Hardin County, wrote to of our healthcare transactions; that is point out some Americans who have tell me how they are finding it difficult not most of our healthcare decisions. actually been helped by ObamaCare. to afford their healthcare costs. Let’s Most of our healthcare decisions can be After spending over $1 trillion of bor- not forget that ObamaCare cut hun- made by attaching value to the serv- rowed money, I would certainly hope dreds of billions of dollars and services ices and products that we want. We do that there are at least some people who from Medicare, hurting the elderly. it in every other part of our consumer- have been helped by this terrible law Many who are sick have reached out driven life. Why can’t we finally do it that was forced on us over 6 years ago to me, such as Randal of Harris Coun- with health care? That is what people by the Democrats and without one sin- ty, who had their medical treatments like Dr. PHIL ROE have practiced in gle Republican vote. disrupted by ObamaCare. I hear all the medicine their entire lives. That is Thousands of my constituents are de- time the firsthand accounts of hard- what he has taught me. That is what manding to be rescued from working folks who are at their wits’ we know as American consumers. Why ObamaCare. They have shared their in- end under this monstrosity. can’t we be trusted to do that with our dividual stories with me about how it I am voting to repeal ObamaCare in health care? has hurt them—higher premiums, ex- order to provide relief to Brian, Brad, Whether the intent is malicious, cessive deductibles—how it has dis- LaLa, Gale, Alisa, Abby, Tim, Paul, whether the intent is malign, the in- rupted cancer treatments, forced them Frank, Roy, Linda, David, Sheryl, tent of the people who support to change doctors, and how it has even Brian, Sharell, Carol, Jack, Glenda, ObamaCare—that insidious law—is cost many their jobs. Randal, and the tens of thousands more wrong. It says: just give your life over Here is what real people are saying— Texans just like them. to these few people, and let them run it my constituents. This is what they are Perhaps Paul in Deer Park sums it for a while, and everything will be fine. telling me: up the best: Unfortunately, throughout not only A young couple with three children, It made it worse for me. It increased the American history, every time it has living in Tyler County, Texas, shared costs, and it decreased my coverage. been tried here and every time it has how their premiums have gone up year That is the story I have heard for 6 been tried in world history, it has after year. They began with a $900 long years, and it is why this failed failed. Control over the individual has monthly premium and with a $2,500 de- program must be repealed and replaced failed, and it will do the same, as we ductible. The very next year, the pre- with a plan that restores healthcare are seeing every day now, with regard mium went to $1,100, and the deduct- freedom to all Americans—health plans to our health care. ible went up to $5,000. Then, in 2015, that are affordable and that meet their Let’s repeal this insidious law, and they were forced from a PPO into an families’ needs—a plan that they let’s get back on the track of replacing HMO at $1,000 a month with a $6,600 de- choose, not the Federal Government. it with something that we all can ductible. These are individual Americans need relief now. trust, beginning with ourselves. deductibles. That is $33,000, plus the Mr. WALKER. I thank Dr. BABIN. I I thank the chairman for his leader- $12,000-per-year premium. That is an appreciate that spirited, heartfelt talk. ship. extraordinary burden on a young fam- In my previous vocation, we would usu- Mr. WALKER. I thank Representa- ily. This family tells me about their ally call for an invitation at about this tive ROKITA. problem every time they see me, and time. Mr. Speaker, as I was sitting here, I they see me a lot because this is my Mr. Speaker, this is not just a prob- just received a text from a volunteer daughter and my son-in-law and my lem in red States; this is a problem in fire department official right outside of three grandchildren. blue States, like it is with my good Charlotte, North Carolina. He writes Gale in Deer Park, Texas, and Alisa friend from the First District of Cali- that they were watching the pro- from Crosby, Texas, wrote to tell me fornia, Representative DOUG LAMALFA, ceedings this evening: how their ObamaCare mandates have to whom I yield as he shares a little bit I just want to let you know that even my forced their employers to cut their of his heart when it comes to drug prescription has gone up $200 out of work hours. They are losing hundreds ObamaCare and the repeal. pocket per person. of dollars in income each and every Mr. LAMALFA. I really want to He has three daughters in his family. month. This 30-hour mandate means thank Chairman WALKER of the RSC, Think about this. This is real-life that this college student has lost out the Republican Study Committee. I stuff. That is why we are stepping in. on hundreds of dollars in pay that she greatly appreciate the gentleman’s Part of our plan in the repeal and re- could have earned over the recent leadership on this event here tonight placement—the American Health Care Christmas break. as well as the great job the gentleman Reform Act—allows you to have imme- Tim in Baytown, along with several is doing on the Committee. diate access to your health savings ac- others, wrote to share with me that it Mr. Speaker, we have had alter- count. You would not have to worry cost him his job. Paul from Harris natives to the Affordable Care Act ever about somebody’s needing a prescrip- County and Frank in Jasper shared since I have been here. The American tion or somebody’s needing medicine— how they have been significantly expe- Health Care Reform Act, as put for- one of the children—and, every time, it riencing higher costs and a decrease in ward by the Republican Study Com- is $200 out of pocket. That is why it is coverage. Roy in Pasadena says that mittee, has many of the elements we important to move—and to move with his deductible is now over $12,000. Ben have all been talking about for several diligence. and Carol, like thousands of others in years: with the Affordable Care Act Someone who knows a little bit southeast Texas, have had their being forced upon Americans not in a about the healthcare industry is my healthcare plans canceled. bipartisan effort but strictly by the friend Dr. BRIAN BABIN of Texas, who This calamitous unaffordability and votes of one party when they had the has been dealing with this in his own poor coverage have inundated folks ev- majority—the ability—to force it

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.137 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H379 through. We are suffering the effects of care in every part of the country. Let’s and that is to fix health care and allow that now. give back to Americans: ‘‘Keep your the best healthcare providers, the best One of my colleagues earlier was plan that you like, keep your doctor medicine, the best research and the in- talking about: Why isn’t this being re- that you like.’’ stitutions in America to provide that ported? Why isn’t this being talked So it is time to stop the partisan for all Americans and deliver that care about in the broad sense of how it is squabbling over it and the deception to all Americans. really affecting the Americans who are that has gone on for what is indeed for The Republican Congress has a better paying for it? some a bad legacy of the American peo- way, and it starts with putting health People in my district, ever since I ple. care back into the hands of the physi- have been a Member of this House, Mr. WALKER. Mr. Speaker, I yield to cians to the patients. It has a better have been pleading with us to do some- the gentleman from Florida (Mr. way increasing access, the cure, the thing about these high premiums, YOHO), our resident veterinarian in the quality at a lower cost with a stable about the high deductibles, about the House. transition so no one is left out. And it lack of access they have, especially in Mr. YOHO. Mr. Speaker, I thank the starts with the repeal of ObamaCare. rural areas. Why are the proponents gentleman from North Carolina (Mr. I appreciate Chairman WALKER doing continuing to prop this up? It is clear WALKER) for hosting this Special Order. this. This is a message we are going to that it doesn’t work: higher costs, The American people have spoken, and drive home and home and home. We are fewer options, unworkable plans. The it is time. The ACA, the Affordable going to fix this, and the American exchanges—we have watched in several Care Act—which it is not, and we know people will be better off and our econ- States—most of them, after billions in that. omy will be better off. I want to take you back, a little his- investment, are shuttering; they are Mr. WALKER. Mr. Speaker, we talk tory here. Back prior to 2009, before the closing up shop. Where do those bil- about numbers. Twenty-five percent of Affordable Care Act came out, 85 per- lions go that we have invested as a all Americans have been damaged at cent of the people in America had country into these exchanges? some point under this Affordable Care health insurance either through their Act. We cannot look the other way. b 1945 employer or on their own. Fifteen per- One gentleman who doesn’t look the cent did not have health insurance. But on a patient level, it is putting other way but stands up and speaks the even more of our most vulnerable pa- Yet, Congress, in their infinite wis- dom, instead of fixing it for the 15 per- truth is Representative PETE OLSON. tients on a system already known to be I yield to the gentleman from Texas unsustainable without even ensuring cent and getting them into the pool of people that had health insurance, said: (Mr. OLSON). access to quality care. In some cases, Mr. OLSON. Mr. Speaker, my friend No; we are going to change it. We are no care at all. knows the American people spoke on How are people defining that as a going to change it and disrupt the whole healthcare market and 20 per- November 8th. They gave our party success? control of the entire Congress and the We know that the main reason why cent of our economy. This is the epitome of legislative White House because of the job-killing, so many people are uninsured is the malpractice. This Congress was con- promise-breaking law known as high cost of coverage. But instead of trolled by one party, the Democratic ObamaCare. investing vast amounts of money to Party, through the House, the Senate, This was a repeal mission for almost bring more people into a broken sys- and the executive branch. They passed 7 years, but now it has become a rescue tem, let’s take this opportunity to a 2,900-page bill at the end of the year mission. It is to rescue Americans like start fixing the root of the problem. that nobody read. You can’t do that in Andrea from my home in Texas in the One, this is done by increasing com- any other business without going to 22nd Congressional District. petition, giving patients more options, jail. She wrote me this letter last week: choices. Mr. Speaker, give them a President Obama sold us a bill of ‘‘I’m a 42 year-old legally blind single menu of options they can pick them- goods on a lie. If you want to keep your parent in Sugar Land, self-employed selves, tailor the plan to what they doctor or your insurance, you can and working very hard to rear two great need. A 20-year-old young man has a your price will go down $2,500. kids ages 15 and 13. I have a master’s completely different need than a 30- Let me share three real-life stories. degree in education and work ex- year-old mom and her family. Let them One was a 54-year-old man that came tremely hard to provide a stable, com- have the choices. into our office, single, making a six- fortable life for the kids. In doing so, I Also, let’s get rid of the costly man- figure income, could afford insurance. have invested time and money into my dates, the taxes. There are taxes on ev- He was going through the exchange. He own healthcare because the kids need erything, it seems, to help prop up changed his plan and wanted to pay for me to be healthy. ObamaCare, the Affordable Care Act, it right then. They said: Don’t worry ‘‘I lost my right eye a few years ago including the cost for students for col- about it, we will send you a bill. They to complications from ROP (too much lege. They are paying for some of that. never sent him a bill, and his insurance oxygen at birth) and my left eye is se- Then let’s build off successes that we got canceled. He could not buy insur- verely impaired with potential for have seen in the past and that are part ance because it was through the ex- complications that would need imme- of the proposal of the Republican change and the sign-up period had ex- diate specialized care. Study Committee and the American pired. He got fined whatever the fine ‘‘I have different specialist doctors Healthcare Reform Act. That could was. He got fined trying to do the right for different issues related to each eye. help fill our gaps in the healthcare de- thing. Additionally, I am a kidney cancer sur- livery system. Another one is a friend of mine who vivor (RCC) which also requires spe- Community health centers, for exam- owns a restaurant franchise. He has 500 cialist follow-up. For those reasons, ple, is a model that is both cost effec- employees. He says: I can’t afford to and others, I’ve spent time and effort tive and efficient in expanding access pay for the health insurance. So he getting drivers to take me to special- to care services in underserved areas, moved people from working 32 or 40 ists to develop rapport, trust, and his- very rural ones, such as my own dis- hours a week down to 26 hours. tory with specific physicians. trict at home. I could tell you a real personal story ‘‘They are the best doctors in their Healthcare reform affects the lives of about a couple I know real well. They respected fields, and my trust in them every single person in this country, came to Congress. Their policy got can- is important with this type of care. which is why it is high time that we celed. Their premiums went up by over ‘‘I don’t have the PPO option now for put the health and well-being of the $11,000. Their deductibles went up and my healthcare in 2016 through the American people ahead of partisan pol- their coverage went down. I know that ACA. The HMO’s and EPO’s being of- itics and legacies. couple real well because it is my wife fered are not being accepted by my doc- Let’s get to work and deliver actual and myself. tors. solutions that empower patients, drive The American people have spoken ‘‘ . . . among the needs of many oth- down the costs, and increase access to and given us the majority for a reason, ers in similar situations as my own,

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.138 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H380 CONGRESSIONAL RECORD — HOUSE January 11, 2017 my remaining eyesight and renal func- 2009, and not one of us was asked one icaid, which is a system that needs to tion should never be less important thing about that healthcare bill. Not be reformed, and allowed 26-year-olds than anything in politics. And while I one Republican amendment to that bill to stay on their parents healthcare know that there are many, many peo- that would have made it better was plan. ple in this same boat, for today, while ruled in order. b 2000 I write this letter, it’s about my kids So it was passed on one-party rule, getting to keep their mom and about and now the Democrat party owns it. We also allow you to buy across me keeping the ability to see them Unfortunately, patients own it. And State lines with association health grow up. that is what I came here to do, was to plans, malpractice reforms, and trans- ‘‘I write because it needs to be said try to help people. parency. It is a very simple, patient- and needs to be heard and needs to be I had spent 31 years of my life in the centered bill. We have said this before, ACTED on. small town of Johnson City, Tennessee, our bill is open for amendment. If a ‘‘ . . . in the past I’ve paid a lot and practicing medicine and trying to do a Democrat has a good idea, I am open to had my share of insurance issues, but good job for patients that I saw every listen to it. The main thing is I want at least I could choose my own doctor. single day. patients and doctors to be in charge of At least in crisis (which I’ve had) I You have heard it many times before: their healthcare decisions. Mr. Speaker, I appreciate the oppor- went straight to the doctor who knew If you liked your doctor, you can keep tunity to be here tonight, and I look me and my history and they could re- it. We are going to reduce your pre- forward to going into much more detail solve it without a referral and delay miums by $2,500. about the details of this particular bill. after delay after delay. The President also said that I will go Mr. WALKER. Mr. Speaker, the bot- ‘‘HMO might work for some, but not over this bill line by line with anyone tom line to the American people is for those who don’t want one. who wants to. We asked to do that on this: it is time to return healthcare ‘‘I’m not asking for a hand-out. I am multiple occasions, and I am still wait- asking for reasonable choice of a basic choices to the American people. ing for my cell phone to ring. God bless and good night. PPO for which I have paid for in past So we have heard over and over and and am asking to have the option to Mr. Speaker, I yield back the balance over again that the Republicans have of my time. pay for now. I’m not writing just to no ideas. Two Congresses ago we were f vent—I’m asking for some kind of solu- challenged and asked to write a Repub- tion to this train wreck of healthcare lican alternative to the Affordable PRESIDENT OBAMA’S LEGACY options or lack thereof. Care Act, and we did just that. The SPEAKER pro tempore (Mr. ‘‘If President Obama thinks this is I want to show you out there to- FITZPATRICK). Under the Speaker’s an- actually working, he’s more blind than night—those of you who are watching— nounced policy of January 3, 2017, the me.’’ this is the bill right here. It is a 184- Chair recognizes the gentleman from Andrea, we have a plan to help you page bill. You can read it in an hour or Arizona (Mr. FRANKS) for 30 minutes. up. It is called A Better Way. How so or less than that. Mr. FRANKS of Arizona. Mr. Speak- about this: Allow coverage across state I read the entire Affordable Care Act. er, one of the most important elements lines, expand opportunities for pooling, I felt like I should. I didn’t pass it and of this Republic is the ability of the make coverage portable, Medicare laws see what was in it. I actually read it people to understand and to remember reformed, and preexisting condition ahead of time. the public actions and record of those protections. We had healthcare reform in Ten- they elect. This is vital to government That is a better way. That is what nessee in the nineties called TennCare. accountability, to historical accuracy, the American people deserve. We will I wrote the epitaph on this bill with and to the future direction of the fu- keep fighting for Andrea and people MARSHA BLACKBURN in 2010, if anyone ture generations of this country. like her. So, Mr. Speaker, what follows is the Mr. WALKER. Mr. Speaker, who bet- is interested in reading that. So what did we do with this bill? record and legacy of President Barack ter to close out our Special Order than With the Affordable Care Act, the Obama. a gentleman, a doctor who has em- Federal Government said: You will pur- Last night, Mr. Speaker, President ployed hundreds of people and has chase 10 essential health benefits or Barack Obama gave his farewell ad- worked with thousands of patients? dress to the Nation. In his speech, You may have heard the false nar- your insurance is no good. You have to President Obama praised American rative that, yes, we have contributed in get rid of it. exceptionalism for the very first time breaking the program, from the Demo- And this 10 essential health benefits since his Presidency began. Unfortu- crat’s perspective, and you guys need cost, in many cases, is a lot of money. Then what do we do? nately, Mr. Speaker, much of the re- to fix it, but you don’t have a plan. Well, that is a false narrative and We passed a tax, a mandate, a fine, a mainder of the President’s speech was penalty, whatever Judge Roberts de- here to tell you why is Dr. PHIL ROE. far removed from reality. I yield to the gentleman from Ten- cided he wanted to decide that it was, Mr. Obama implied that his Presi- nessee (Mr. ROE). or define it, I should say. But here we dency had increased trust and respect Mr. ROE of Tennessee. Mr. Speaker, I are passing a mandate for people to for America. Yet, the truth is that stand here in the well of the House to- purchase something they can’t afford. I under Mr. Obama’s Presidency, the night remembering 8 years ago when I find that astonishing that you tax peo- trust and respect that both friend and stood here. I am the only one, other ple for something they cannot buy. foe alike previously had for America than PETE OLSON, that was here that So what our bill did was repeal the has been demonstrably diminished has spoken tonight. Affordable Care Act. It then massively across the world. Mr. Obama, in fact, I actually left my medical practice of expanded health savings accounts. weakened our economy and led the 31 years. I have been a physician—it is Look, there are Indian tribes out there most anemic military campaign in our hard to believe—46 years. I ran for Con- that use the Indian Health Service that history. So, Mr. Speaker, let us now re- gress because I wanted to be involved can’t have an HSA. There are disabled call the grand promise of candidate in the healthcare debate. I realize that veterans that can’t have an HSA. There Barack Obama, bedecked with Greek the American people needed healthcare are retired people that can’t have columns and the rhetoric of bipartisan reform. HSAs. We expanded that. I have used unity as it was, and let’s compare it to One of the most disappointing things them in my own practice for patients. the actual legacy of President Barack I have had since I have been in the U.S. I use one myself. Obama, the partisan heckler at home Congress was, when I showed up here, I We used high-risk pools, and we ex- and the lead from behind, apologize for naively thought that people cared what panded ERISA benefits to help offset America, academic abroad who was ev- I thought. I found out I was wrong preexisting conditions. Quite frankly, I ermore eager to force Catholic nuns to about that. think in two paragraphs I could have buy birth control than he was to fight We had nine physicians in the Doc- done two-thirds of what the Affordable the ruthless butchers of the Islamic tors Caucus on the Republican side in Care Act did, which is expand Med- State.

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.140 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H381 Mr. Speaker, President Barack and over 8,000 violent crimes such as lamic State, the return of Iran, and the Obama has taken credit for a growing assault, rape, and murder. unspeakable desecration of thousands economy, but, after his failed stimulus, Mr. Obama’s actions endangered upon thousands of innocent people in his was the worst economic recovery in Americans and denied justice to the Aleppo where the result to date is now the history of America. And his Presi- victims of their crimes. Mr. Obama where 4 million refugees and 400,000 dency will be the first in modern times bears a share of the responsibility for people are dead. And during the so- whose 8 years in office will fail to in- every crime that these criminals have called Arab Spring, the Obama admin- clude even 1 year of 3 percent economic committed or will commit against istration sided with the Muslim Broth- growth. Americans since he released them from erhood in Egypt. Under Barack Obama’s Presidency, prison into American society. At the end of the Obama administra- the number of long-term unemployed But, Mr. Speaker, perhaps Mr. tion, the only countries in the world eclipsed 15 million for the very first Obama’s most egregious broken prom- that we have better relations with are time in history. ise to all Americans is when he said: Iran and Cuba—and even that has been Today, 95 million Americans, the ‘‘I, Barack Hussein Obama, do sol- entirely on their terms. highest number in history, are now not emnly swear that I will execute the Of- Mr. Speaker, the average number of in the workforce in America. And ac- fice of President of the United States innocents killed by terrorists before cording to the latest numbers from the faithfully, and will to the best of my the Obama Presidency was approxi- Census Bureau, household income fell ability, preserve, protect, and defend mately 3,000 per year in the world. by more than $2,100 in inflation-ad- the Constitution of the United States.’’ Now, under Barack Obama, it is prob- justed terms; and 45.3 million Ameri- Since then, he has shown complete and ably 30,000 every year. Mr. Obama la- cans, the highest number in history, open contempt for the Constitution. beled the Islamic State a junior varsity now live in poverty. More than 43 mil- Barack Obama blatantly stoked ra- team, and then stood by with a golf lion Americans were receiving food cial tensions in America, and, in the club in his hand while ISIS raped, stamps under Barack Obama, the high- process, he painted a deadly target on butchered, and beheaded its way across est number in history. the backs of the noble men and women Iraq, selling little, 6-year-old girls into Barack Obama single-handedly added in blue who risk their lives every day slavery, burning people alive, and per- almost as much deficit to the national to protect the innocent citizens of this petrating a genocide against Christians debt as all of the other Presidents in Nation. and Yazidis. The Islamic State now the 240-year history of the United Barack Obama consistently subjected keeps an estimated 3,000 girls and States of America combined. And Americans to condescending lectures. women in sexual slavery while Mr. Standard & Poor’s downgraded the U.S. If we opposed ObamaCare, we didn’t Obama runs out the clock on his term Government from its AAA credit rat- want people to have health insurance. of office and hands the fight against ing for the very first time in history. If we opposed wasteful stimulus ISIS off to the next President. Mr. Obama’s signature policy spending, we hated schoolteachers and Because of his delusional negotiation achieved what was called the Afford- firemen. and acquiescence, the Islamic Republic able Care Act. As we have learned year If we opposed the nuclear deal with of Iran, the number one sponsor of ter- after year, essentially nothing Mr. Iran, we were compared to terrorist- rorism in this world, may place the fin- Obama said about the Affordable Care sponsoring Iranian mullahs. ger of jihad on the launch button of an Act was true. ObamaCare contained If we believe in God and exercised our entire nuclear arsenal; and America’s over $1 trillion in new taxes, which was Second Amendment right, we were bit- children and future generations may the largest tax increase in history. Yet, ter. thereafter be forced to live their lives millions remain uninsured. Healthcare If we didn’t believe in open, unse- in the shadow of nuclear terrorism. costs have never been higher, and the cured borders and vetting those who Mr. Obama stood before a group of entire debacle called ObamaCare is now came into this country, we were un- thousands of supporters of Israel and catastrophically collapsing before our American. proclaimed: ‘‘When the chips are down, very eyes. If we believed in protecting unborn I have Israel’s back.’’ But then as Mr. Speaker, Mr. Obama engineered baby girls from being killed simply be- President, he blatantly refused even to the sequester on the military which cause they are little girls, we were acknowledge Jerusalem as Israel’s cap- had devastating consequences on our waging war on women. ital and consistently expressed more men and women in uniform and our And Mr. Obama was also fond of open rebuke toward Israel than he did ability to fight and win wars when nec- using politically correct euphemisms toward Iran for building an entire nu- essary. Mr. Obama’s was the opposite and constantly using them to distort clear effort to some day threaten the of a commitment to peace through nearly every issue. world. strength. Evacuation of our Embassy in Yemen I am going to say that again, Mr. When it came to justice at home, was ‘‘a reduction in staff.’’ Speaker. Barack Obama told us that adult male Terror attacks are ‘‘man-caused dis- As President, Mr. Obama blatantly transvestites had the moral right and asters.’’ refused to even acknowledge Jerusalem the legal right to go into the bathroom The global war on terror is an ‘‘over- as Israel’s capital. And he consistently with little schoolgirls whether their seas contingency operation.’’ expressed more open rebuke toward parents liked it or not. He fundamen- An Islamic terrorist murdering 13 Israel for building houses in its capital tally sought to abrogate religious free- American soldiers is ‘‘workplace vio- city than he expressed for Iran’s efforts dom in America. He weaponized the In- lence.’’ to build nuclear weapons with which to ternal Revenue Service, the Environ- Terrorists beheading children, cruci- existentially threaten Israel along with mental Protection Agency, the Attor- fying women, and burning men alive in the peace and security of the entire ney General’s Office, and the Justice the name of Islam are ‘‘individuals human family. Department against America’s own from various religions’’ who practice In the political safety of his lame- citizens. It was and is the epitome of ‘‘hateful ideologies.’’ duck, he orchestrated and failed to tyranny. Veterans, pro-life groups, and States’ veto a resolution that undermines Mr. Obama unconstitutionally ig- rights advocates were listed as ‘‘at- Israel’s very right to exist. Mr. Speak- nored and selectively applied Amer- risk’’ to become domestic terrorists. er, it was a cowardly act of political ica’s immigration laws and illegally Mr. Speaker, from day one, Barack treachery that disgraced the United suspended immigration enforcement. Obama considered the cold war a giant States, and it will send Barack He released 19,723 criminal illegal im- misunderstanding. He did his famous Obama’s name down the corridor of migrants from prison into every State reset with Russia and then turned and history as on overt traitor to the State of the Union. These nearly 20,000 crimi- caved into everything that they want- of Israel. nal illegal aliens were collectively con- ed. Mr. Obama’s policies of weakness When the Security Council Quartet victed of over 60,000 crimes, including and appeasement yielded Crimea, the meets on January 15 and the full over 12,000 drunk driving convictions, South China Sea, the rise of the Is- United Nations Security Council meets

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K11JA7.142 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H382 CONGRESSIONAL RECORD — HOUSE January 11, 2017 on January 17, I am gravely concerned Under Barack Obama, nearly 9 mil- So I come before the House today in order that Barack Obama will overturn U.S. lion innocent, defenseless little Amer- to lay out, and call for the American people to precedent going back to Lyndon John- ican babies were aborted before they reflect upon, the true record of Barack son and use the opportunity to stab ever saw the first smile of their moth- Obama’s Presidency. Israel in the back one final time by al- er. During this crucial moment of self-reflection lowing the anti-Semites at the U.N. to Ironically, President Obama was in happening in our great Republic, it is incum- attempt to redraw the map of Israel to the unique position, perhaps among all bent upon us to look back over the past eight indefensible pre-1967 borders, which other Presidents in history, of bringing years to fully comprehend what are the wages would leave the only Jewish state less this country together to protect these of two full terms of Progressive governance than 9 miles wide. helpless little children. Yet, as the under President Barack Obama. Because Mr. Mr. Speaker, no government leader most powerful human being in the Speaker, if Hillary Clinton had been elected has any greater responsibility than world, Mr. Obama chose to become the president, the left-wing, mindset to ignore the that of protecting the innocent. Yet, most powerful enemy of the most help- foundations of this nation, the Constitution, Mr. Obama stood by and allowed not less human beings in the world. And and so many millions of those it was designed only ISIS, Boko Haram, Russia, and nothing will stain his legacy or his to protect, would have continued unabated Syria, but also Planned Parenthood to claims of looking out for the little guy and this Republic may have been lost. brutally desecrate the innocent on a with more shame than going down in Mr. Speaker, I solemnly wonder if America horrific scale. history as the ‘‘Abortion President.’’ as a nation and Americans as individuals truly Mr. Speaker, it gives me no pleasure comprehend how close we came to actually b 2015 to lay out this record. I truly and sin- losing this Republic and the founding fathers President Barack Obama went to cerely hoped for God’s best for Barack dream during the last election. great efforts, against taxpayers’ wish- Obama when he took office. I wrote As Americans soberly reflect on that reality, es, to give billions of taxpayer dollars him a letter, hoping that he would be let us now recall the grand promise of can- to Planned Parenthood to expand abor- remembered as someone who stood up didate Barack Obama, bedecked with Greek tion on demand in America and for the Constitution and stood up for columns and the rhetoric of bipartisan unity as throughout the world and to the innocent. he was, and compare it to the actual legacy of proactively promote policies to allow But in a Republic like ours, where President Barack Obama—the partisan heck- the indiscriminate killing of these, the the people are the final arbiters of our ler at home and the lead-from-behind, apolo- most defenseless of all human beings. public policy and where those who gize for America, academic abroad who was As President, he appointed an empire would subvert this Republic consist- ever more eager to force Catholic nuns to buy of radically pro-abortion judges and ently resort to deception and historical birth control than he was to fight the ruthless government bureaucrats. When he was revisionism, an accurate record is vital butchers of the Islamic State. in the State legislature, Barack Obama to our Nation’s survival and its future So Mr. Speaker, what follows is the record actually voted ‘‘no’’ four times on a generations. and the legacy of Barack Hussein Obama: bill that would have protected babies So, alas, Mr. Speaker, I am afraid ECONOMIC GROWTH after they were born alive. Barack Obama tragically wasted his Obama’s presidency will be the first in mod- In the U.S. Senate, Mr. Obama voted precious and historic opportunity. ern times whose eight years in office will fail ‘‘no’’ on a bill that would have prohib- However, this is the true record of to include at least one year of 3 percent eco- ited someone from taking a minor President Barack Obama and, to para- nomic growth. child out of State for an abortion with- phrase William Wilberforce: We may Mr. Obama has taken credit for a growing out even notifying the child’s parents. choose to look the other way, but we economy, but after his failed stimulus, his was He vowed to veto the Prenatal Non- can never again say that we did not the worst economic recovery in history. discrimination Act, which would pro- know. Using the broadest measure of economic hibit discriminating against an unborn Mr. Speaker, Under President Obama, as of progress, growth in output, the growth rate baby girl by subjecting her to abortion 2015, Democrats lost 900+ state legislature over the first 25 quarters under Reagan was 34 percent versus 14.3 percent under Obama. simply because she is a little girl in- seats, 12 governors, 69 House seats, 13 Sen- ate seats. Mr. Obama lost more U.S. Senate Yet, Under Barack Obama, the growth of a stead of a little boy. and U.S. House seats than any president ravenous Leviathan called the federal govern- He promised to veto the Pain-Capable since FDR. I would suggest this was not ment, grew larger and larger in scope and in Unborn Child Protection Act, a bill caused by a lack of political skills. It was Mr. power every single year he was president. that would have protected both moth- Obama’s policies and his attitude toward de- UNEMPLOYMENT ers and their little pain-capable babies mocracy and the Constitution that were so Under Barack Obama’s presidency the num- between the beginning of their sixth devastating to his Democrat party. ber of Long-Term unemployed eclipsed 15 mil- month of pregnancy from the unspeak- From the beginning of his presidency it was lion for the first time in history. able cruelty of Planned Parenthood President Obama’s theological conviction that As the Los Angeles Times notes, ‘‘The and evil monsters like Kermit Gosnell. America needed to be transformed into some- longer people remain jobless, the more likely Mr. Speaker, perhaps most astonish- thing far afield of the founding fathers dream. they are to suffer the scarring effects of unem- ingly, Barack Obama, the President of Last night the President gave his farewell ployment that can hurt their earnings perma- the United States and the leader of the address to the country. In his speech, Presi- nently and create a cycle of instability. free world, wrote a letter to Congress dent Obama praised American exceptionalism WORK FORCE PARTICIPATION and said he would veto the Born-Alive for the first time in his presidency. Unfortu- The percentage of people participating in Abortion Survivors Protection Act to nately Mr. Speaker, much of the remainder of the labor market in January fell to 62.7 per- protect breathing, crying, kicking, the president’s speech was far removed from cent its lowest rate in 31 years. born-alive human babies if it ever reality. On his watch, the number of people forced reached his desk. Mr. Obama implied that his presidency in- to work part time for economy reasons Mr. Speaker, could not the President creased America’s wealth and power and re- eclipsed 8 million for the first time in history. have agreed that little human babies spect. The truth is that under Mr. Obama’s On his watch, the average time it takes who survive abortion and are born presidency, the trust and respect from both Americans to find a job reached the highest alive should be protected? friend and foe for America has been demon- total in the history of the statistic being meas- President Barack Obama’s record is strably diminished across the world. Mr. ured. crystal clear. For his entire political Obama in fact weakened our economy and The unemployment rate among African life, he has strongly supported the full led the most anemic military campaign in our Americans was nearly double what it was for legalization of abortion on demand history. white Americans throughout all 9 months of pregnancy, One of the most important elements of this And today 95 million Americans, the highest for any reason or no reason, including Republic is the ability of the people to under- number in history, are now not in the work- sex selection, throughout all 9 months stand and remember the public actions and force in America. of pregnancy, and forcing American record of those they elect. This is vital to the INFLATION taxpayers to pay for it whether the future direction of future generations of this Under Barack Obama, American Families taxpayers liked it or not. country. faced Higher Costs on Nearly Everything:

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 7634 Sfmt 9920 E:\CR\FM\K11JA7.143 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H383 Spending on gas, groceries, utility bills and other presidents in the 240 year history of the President Obama never gained control of health insurance premiums skyrocketed. United States of America combined. the border and in fact, Mr. Obama unconsti- However Wages were Down: according to MILITARY READINESS tutionally ignored and selectively applied the latest numbers from the Census Bureau Mr. Obama engineered the sequester on the America’s immigration laws and illegally sus- household incomes fell by more than $2,100 military which had devastating consequences pended immigration enforcement. He released in inflation-adjusted terms,’’ to our ability to fight and win wars when nec- 19,723 criminal illegal immigrants from prison TAXES essary. The army is now the smallest it has into nearly every state of the Union. These When it came to taxes, Barack Obama said, been since Pearl Harbor; the Navy has shrunk nearly 20,000 criminal illegal aliens were col- ‘‘No family making less than $250,000 a year to WWI levels; missile defense was cut every lectively convicted of over 60,000 crimes, in- will see any form of tax increase.’’ He said year he was in office, and the Pentagon was cluding over 12,000 drunk driving convictions that he ‘‘Will eliminate all income taxation of turned into a politically correct playground for and over 8,000 violent crimes such as assault, seniors making less than $50,000 per year. social experimentation. During that same time, rape, and murder. Mr. Obama’s actions en- This will eliminate taxes for 7 million seniors— North Korea, one of the most dangerous po- dangered Americans and denied justice to the saving them an average of $1,400 a year— lice states in the world, tested nuclear weap- victims of their crimes. Mr. Obama bears a share of the responsibility for every crime that and will also mean that 27 million seniors will ons 5 times. Mr. Obama’s was the opposite of these criminals have committed or will commit not need to file an income tax return, at all.’’ a commitment to peace through strength. against Americans since he released them However, Mr. Speaker, Obamacare alone The reason President Obama’s legacy will from prison into American society. contained at least 20 new or higher taxes on be endless war is because America’s enemies American families and small businesses, rep- knew he never had the commitment or the will TERRORISM When President Obama took office in Janu- resenting over $1 trillion in tax increases, the to win any war. So all they had to do was wait ary 2009, Iraq was a relatively stable nation. largest tax increase in history. It has produced him out. And that’s exactly what they did; and Iran was contained and ISIS did not exist. a crippling effect on the working and middle so many people suffered and died as a result. Now there is chaos throughout the Middle class. Mr. Obama’s tax increases include the When Mr. Obama was negotiating the New Start Treaty, he was caught on camera se- East. Vladimir Putin’s Russia is in Syria, the Individual Mandate Excise Tax, Employer Iranians have been unleashed, and ISIS has Mandate Tax, Surtax on Investment Income, cretly asking Russian President Medvedev to ‘‘Give me more time until the elections’’. At raped and butchered its way across Iraq de- taxes on health savings accounts, a hike in claring that there would be nothing for Chris- the Medicare Payroll Tax, and the elimination least he meant for it to be a secret. Then after the elections he gave up far more that Amer- tians but the sword and history will record that of the tax deduction for employer-provided re- it was Barack Obama who willingly stood on tirement prescription drug coverage. ica got in return in that treaty, demonstrably diminished the strength of our nuclear deter- the sidelines and knowingly let a genocide POVERTY rent and gave Russia a lopsided advantage against Christians and Yezidis happen. Under Barack Obama the number of Ameri- over America in tactical nuclear weapons. I Barack Obama drew red lines he had no in- cans living at or below the poverty line went pray our children and grandchildren do not tention of enforcing, stood back and watched up 5.5 million between 2008 and 2013. A as Syria burned and Islamist radicals grew in pay unthinkable price someday for the feck- record number of 45.3 million Americans now strength until they exploded out of Syria to less and cowardly policy Mr. Obama nego- live in poverty. bring Hell on earth to the innocent men and tiated. Under Mr. Obama’s presidency, the income women across the region. To date, the result JUSTICE AT HOME gap between rich and poor reached its highest is over 4 million refugees and over 400,000 When it came to justice at home, Barack level in over 40 years, and the American pov- people dead. Obama fundamentally sought to abrogate reli- erty rate hit the highest level in the 52 year There are nine times more people killed in gious freedom in America and he weaponized history of the statistic being measured. terrorist attacks today than there were in 2000. the Internal Revenue Service, the Environ- My colleagues and I earnestly warned Presi- NUMBER OF PEOPLE ON FOOD STAMPS mental Protection Agency, and the Attorney According to a report in the Washington Ex- dent Obama and his administration of the dan- Gen.’s office and the Justice Department gers that Boko Haram and ISIS represented to aminer, the number of Able-Bodied adults on against America’s own citizens. It was and is food stamps doubled, from 1.9 million in 2008 innocent people in America and the world and the epitome of tyranny. pleaded with him to take actions to prevent to 3.9 million in 2010, when Mr. Obama sus- President Obama turned the criminal justice pended the work requirement. them from desecrating the innocent. Mr. system upside down. He commuted the sen- Obama casually dismissed our concerns re- On his watch, more than 43 million Ameri- tences of 774 federal inmates which is more cans were receiving food stamps, that’s an in- lated to both of those groups. His administra- than the previous 11 presidents combined. He tion refused to call Boko Haram a terrorist or- crease of 23% since January 2009 and more issued 590 commutations in the year 2016 than at any time in American history. ganization and he dismissed ISIS as ‘‘Junior alone, which is the highest in U.S. history ac- Varsity’’. My colleagues and I then repeatedly NATIONAL DEBT cording to his own White House. Mr. Obama pleaded with Mr. Obama for over a year to Barack Obama said, ‘‘I will not sign a plan pardoned a total of 148 people during his resolutely respond to this insidious, mur- that adds one dime to our deficits, either now presidency and has shortened the sentences derous, hellish evil. I personally asked the or in the future.’’ And ‘‘Today, I’m pledging to of 1,176 people, including 395 serving life sen- president in an open video message if he did cut the deficit we inherited in half by the end tences. not realize ‘‘that by ignoring this monstrous, of my first term in office.’’ Yet during his presidency, in Mr. Obama’s ideological evil, that you allow it to grow, and Yet the reality was that under Mr. Obama’s hometown of Chicago alone, a city where his you ultimately invite it to exercise its desecra- presidency, America had the first $1 trillion policies on gun control are the strictest in the tion of the innocent within the shores of our deficit in history. He raised the debt ceiling nation, there were nearly 800 murders this own nation.’’ time and time again. He used scare tactics year alone which is the highest in history. Yet, President Obama stood by casually, against seniors (‘‘he said quote ‘‘cannot guar- It was also Mr. Obama’s administration that golf club in hand, and steadfastly refused ig- antee’’ Social Security checks will go out) as told us that mud puddles are navigable nored those entreaties. And terrorism did re- a means of getting way with another debt ceil- waters, that a tax is not a tax, that an ex- turn to America and for the first time since 9/ ing raise and Standard & Poor downgraded change created by the federal government is 11, innocent Americans citizens were mur- the U.S. government from its 70 year AAA an exchange created by a state, and that bu- dered by terrorists on American soil. Today credit rating for the first time in history. reaucrats had more right’s then parents to de- Boko Haram and ISIS are responsible for 51 He instituted Federal bailouts, including bail- cide their child’s education and that adult male percent, of all terrorist fatalities in the world. outs that went to hundreds of millions in exec- transvestites had the moral and legal right to Foreign intelligence agencies now estimate utive bonuses. The Obama government alone go into the bathroom with little schoolgirls ISIS ranks are as large as 200,000 fighters was equal to the entire United States’ popu- whether their parents liked it or not. from 90 countries. ISIS and its affiliates either lation in 1776. And he robbed the children ILLEGAL IMMIGRATION control or hold influence in nearly 20 nations: coming up around her knees of their economic Mr. Obama unconstitutionally ignored and Iraq, Syria, Egypt, Libya, Nigeria, Algeria, Mo- future and placed them on the path to national selectively applied America’s immigration laws rocco, Mali, Saudi Arabia, Yemen, Afghani- bankruptcy in order to ensure his radical, big- perhaps because he saw those coming across stan, Pakistan, Lebanon, Russia, Bosnia, Phil- government agenda was implemented. Barack the border into this country illegally, not as ille- ippines, Indonesia, and Malaysia. Obama single-handedly added almost as gal immigrants, but as unregistered demo- Whether they manifested themselves as the much deficit to the national debt as all of the crats. Iranian mullahs, ISIS, Boko Haram, Hezbollah,

VerDate Sep 11 2014 07:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.059 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H384 CONGRESSIONAL RECORD — HOUSE January 11, 2017 Hamas, or a dozen other names, Barack blatant violation of U.N. sanctions, Iran is test- that both he and the United Nations had re- Obama refused to even call Global Jihadists ing nuclear-capable missiles and firing rockets quired. He has now squandered away every by name and he fundamentally refused to near U.S. ships. And when the U.S. threat- form of leverage we had against this theo- marshal the resources of his presidency to ened to respond to Iran’s missile violations, cratic radial regime which has broken every bear on behalf of the thousands of helpless did Iran back down? No. Iran’s ‘‘moderate’’ promise it has ever made to us. The jihadist victims they slaughtered. It is a disgrace that president ordered his military to accelerate leaders of Iran came to the table with nothing leaves me without words to describe. Iran’s missile program. The Iranians believe and walked away with everything. And now, Mr. Obama released five of the most dan- Mr. Obama is a total pushover. Mr. Obama instead of making sure they never get a nu- gerous Taliban leaders along with other terror- said he was promoting peace, but he really clear weapon, Barack Obama’s politically moti- ists held in Guantanamo Bay including 182 only projected weakness and the world’s dic- vated, peace-in-our-time capitulation has violent prisoners who have been released tators took notice. strengthened Iran’s ability to foment terrorism from Guantanamo Bay, nearly 20 percent of To pave the way for his insane nuclear throughout the world as it has for the last 40 whom returned to the battlefield to fight United agreement with Iran, Mr. Obama ordered the years. And, now, because of his delusional States forces and interests the world over. Mr. CIA to sever contacts with green movement negotiation and acquiescence, this Islamic Re- Obama’s ‘‘slap on the wrist’’ approach to na- supporters and even ended U.S. programs to public of Iran, the number one sponsor of ter- tional security needlessly added and continues document Iranian human rights abuses. It rorism in the world, has become a nation on to add to the dangers our men and women seems there was nothing the Mr. Obama was a path (cleared for them by President Barack face in the fight against jihadist terrorism. not willing to sacrifice upon the altar of the Ira- Obama) to obtaining a nuclear weapons capa- President Obama abandoned the Iranian nian nuclear deal. To begin finalizing the Iran bility. Indeed, Mr. Obama’s actions may place freedom movement in 2009 when the citizens agreement, Mr. Obama brought in John Kerry the finger of Jihad on the launch button of an of Iran took to the streets to protest the rigged and the same basic team which negotiated the entire nuclear arsenal; and America’s children presidential election and to remove the nuclear deal with North Korea that paved the and future generations may thereafter be Khamenei regime peacefully. He supported way for North Korea to gain the nuclear weap- forced to live their lives in the shadow of nu- the release of the Lockerbie bomber. He sup- ons they have today—North Korea, if you clear terrorism. ported Civilian trials for terrorists. Then due to need to be reminded, is the same country CONSTITUTION those very procedural protections in civil court which just this year conducted a nuclear test, Perhaps Mr. Obama’s biggest broken prom- that prevented introduction of crucial evidence, an ICBM test, and a submarine launched bal- ise to all Americans was when he said, ‘‘I, that Mr. Obama had been specifically and re- listic missile test. From day one and the eight Barack Hussein Obama, do solemnly swear peatedly warned about in advance, the civilian years that followed it has overwhelmed com- that I will execute the office of President of the trial for the evil terrorist Ahmed Ghailani led to prehension how divorced the Obama Adminis- United States faithfully, and will to the best of his acquittal on more than 280 criminal tration has been from reality. my ability, preserve, protect, and defend the charges of a man who openly admitted his ter- And Mr. Speaker, what exactly did the U.S. constitution of the United States. Whether rorist activities. And Mr. Obama specifically from the Iran Deal? A completely unverifiable we’re talking about Obamacare, or Mr. chose not to prosecute the Muslim Brother- and tacit agreement from Iran that it will not Obama’s administration weaponizing the IRS hood in the Holy Land Foundation trial when make a nuclear weapon in the next ten years. to target conservative groups, seizing the the evidence against them was absolutely And that promise from the jihadist government phone records of the Associated Press, Sug- overwhelming. One week after three Ameri- of Iran was good enough for Barack Obama. gesting that Fox News reporter James Rosen cans and our Ambassador were killed by Ter- And Mr. Speaker, what did Iran get out of the was a criminal without evidence as an excuse rorists in Benghazi, Mr. Obama and his admin- deal? The world’s leading sponsor of terrorism to monitor his phone and e-mail, appointing istration stood in front of flag draped coffins received $1.8 Billion in freed assets, a lifting of Czars with no accountability, appointing As- and lied to the American people about what the arms embargoes in five years, the tooth- sistant AG Thomas Perez who steadfastly re- really happened. less U.N. ban on Iran missile development— fused to affirm 1st Amendment Rights, called The average number of Innocents killed by which of course they are actively and continu- the Constitution an ‘‘imperfect document’’ that terrorists before the Obama presidency was ously violating. And after eight years, Iran will ‘‘reflected the fundamental flaw of the country 3000 per year; now under Barack Obama it is [quote] ‘‘then be allowed to build an industrial- that continues to this day’’, the seizure of the thirty thousand per year. And the number of scale nuclear program, with hundreds of thou- press’ phone records by the Justice Depart- terrorists willing to blow themselves up to kill sands of machines, after a ten year period of ment, the walking of guns to cartels during others is growing across the world. The restraint.’’ [end quote] In order to reach this Operation Fast and Furious, unconstitutional chances of radical Islamists getting weapons agreement, Obama ordered the executive recess appointments, unconstitutional execu- of mass destruction are also growing. branch to cease categorizing Iranian human tive orders or the Administration’s intentional IRAN rights abuses, and now he has also illegally selective enforcement of the laws—This Presi- ‘‘President Obama’s has been the leading paid $400 Million in ransom for American hos- dent has shown complete and open contempt apologist in the world for the Islamic Republic tages abducted by the Iranian regime, he has for the Constitution as a mere obstacle to his of Iran throughout his presidency. In his relent- ceded control of Iraq to Iran, he has ignored preferred ‘pen and phone’ method of gov- less quest for a nuclear deal with the Islamic Iranian development of missiles capable of de- erning through an executive autocracy. regime of Iran, Mr. Obama simply chose to ig- livering nuclear weapons, and—most signifi- When Barack Obama came into office only nore the fact that Iran is the world’s leading cantly—he has ensured the Iranian regime one of the 13 federal appeals courts had a state sponsor of terrorism. may legally develop nuclear weapons in the majority of liberal Democrat appointed judges. The notion that the only alternative to seek- coming decade. Now, nine of the 13 appeals courts have lib- ing a nuclear deal with the corrupt Khamenei After the nuclear deal, Iran became only eral Democrat appointees. Barack Obama regime is war is an illusion created by the more arrogant and bold. They seized two nominated to individuals to the Supreme Court Obama administration. Obama communicated American naval vessels, took ten sailors hos- who have no regard whatsoever for the plain directly to Tehran through secret back-chan- tage, and only released them after the Admin- meaning and original intent of the Constitution. nels his willingness to support Khamenei. The istration apologized. An Iranian general said The lawlessness of Obama’s Progressive Uto- truth is that the oppressed majority of the Ira- the seizure of our ships was a warning to pia, was one governed by the Pen and the nian people did not then, and do not today, Congress against imposing new sanctions for Phone rather than the People. If Hillary Clinton support the Khamenei regime’s nuclear pro- Iran’s illegal nuclear missile tests. Iran’s intent had been elected in November she would gram and in fact desperately want to be rid of and track record is crystal clear to almost ev- have almost certainly appointed At Least this poisonous regime. eryone it seems, but to President Obama. Three more Supreme Court Justices which Mr. Obama, with the help of liberal Demo- The hallmark of Barack Obama’s presidency would have completely abrogated the United crats in Congress and the embrace of the left, has been that of weakening, disarming, dimin- States Constitution along with the first second got his deal with Iran at all costs. The left em- ishing and apologizing for the United States of fifth and 14th amendments and all of the oth- braced it. But did Iran open its doors to U.S. America. For years many of us watched in ers for generation or more. For the first time goods? No. The Ayatollah banned them. Did utter disbelief at the great lengths to which the in its history, America would no longer have Iran renounce its support for terrorism? No. It Obama Administration has gone in order to been governed by the United States Constitu- renewed support for Hamas, sent troops to secure a deal at any price with Iran on their tion as the supreme law of the land. There are Syria and armed rebels in Yemen. Is Iran act- nuclear weapons program. He has capitulated simply no words to describe the existential ing like a responsible regional power? No. In on every red line and minimum requirement threat to the American Republic that Hillary

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.060 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H385 Clinton would have inevitably represented if he was morally empowered to properly order He said, ‘‘Obama care will cover every Amer- she had been elected president of the United the minutiae of the lives of all of the American ican.’’ That was a blatant falsehood. Millions States. Without the American Constitution people. remain uninsured. Healthcare costs have there would have been no free America and If we opposed Obamacare we didn’t want never been higher and the entire debacle without a free America there would have been people to have health insurance. called Obamacare is now catastrophically col- no free world. The implications would have If we opposed wasteful stimulus spending, lapsing before our very eyes. been beyond comprehension. we hated school teachers and firemen. FOREIGN-POLICY RELIGIOUS LIBERTY If we opposed the nuclear deal with Iran, we From day one Barack Obama considered Barack Obama’s record is that of having as- were compared to terrorist sponsoring Iranian the Cold War a giant misunderstanding. He saulted centuries of legal precedent and med- Mullahs. did his famous reset with Russia and then ical ethics, pushing forward his effort to roll If we believe in God and exercise our Sec- turned and caved into everything they wanted. back regulations that protect physicians’ rights ond Amendment Right, we were bitter. Mr. Obama cancelled the missile defense site If we didn’t believe in open, unsecured bor- of conscience. Amazingly, the Obama admin- and betrayed the Czech Republic and Poland ders and vetting those who come into this istration accused the Catholic nuns Little Sis- to placate Russia. He told Russian President country, we were un-American. ters of the Poor, an entirely voluntary and Medvedev he would be more flexible after his And If we believed unborn baby girls should Catholic organization dedicated to hospice re-election on missile defense. be protected under the law, we were waging care for the indigent, of promoting a war on Barack Obama lifted sanctions on the com- a war on women. women . . . for not agreeing to offer birth con- munist dictatorship of Cuba and the Islamist And Mr. Obama was also fond of using po- trol as a Catholic health benefit, and then dictatorship of Iran. He has held our allies and litically correct euphemisms and constantly threatened them with $70 million a year in the enemies of human freedom to different use them to distort nearly every issue: standards, restoring diplomatic relations with fines for not complying. (1) Evacuation of our Embassy in Yemen The Obama administration essentially ar- Cuba and making economic concessions to was ‘‘a reduction in staff’ their government with no reciprocity on human gued before the Supreme Court that the reli- (2) Terror attacks are ‘‘man-caused disas- gious ministerial exception that had been bed- rights. President Obama praised the mur- ters’’ derous dictator when he offered condolences rock law since the Constitution was written did (3) Global war on terror is an ‘‘overseas not actually exist and that neither the Free Ex- after Castro’s death. For decades, Democrats contingency operation’’ and Republicans alike maintained consistent ercise Clause nor the Establishment Clause (4) An Islamic terrorist murdering 13 Amer- has anything to say about a church’s relation- policies. At the end of the Obama administra- ican soldiers is ‘‘workplace violence’’ tion, the only countries in the world that we ship with its own employees. In a 9–0 opinion, (5) Terrorists beheading children, crucifying have better relations with under Barack the Supreme Court unanimously rejected the women, and burning men alive in the name of Obama are Iran and Cuba—and even that has Administration’s position, stating that ‘‘impos- Islam are ‘‘individuals from various religions’’ been entirely on their terms. The Saudis are ing an unwanted minister, the state infringes who practice ‘‘hateful ideologies’’ so furious with Obama’s surrender to Iran that the Free Exercise Clause, which protects a re- (6) Veterans, pro-life groups, and state they are threatening to develop their own nu- ligious group’s right to shape its own faith and rights’ advocates were listed as ‘‘at-risk’’ to be- clear weapons. mission through its appointments.’’ Despite come domestic terrorists Barack Obama’s supposed expertise on the Mr. Obama’s policies of weakness and ap- OBAMA CARE peasement yielded Crimea, the South China Constitution, his administration has lost more Mr. Obama’s signature policy achievement 9–0 Supreme Court cases than any other Ad- Sea, the rise of the Islamic State, the return of was the so-called Affordable Care Act. As we Iran, and the unspeakable desecration of the ministration in history and no president in his- have learned year after year, essentially noth- tory ever posed more overt danger to religious innocent in Aleppo. ing Mr. Obama said about the Affordable Care Mr. Obama said we were exercising leader- freedom in America than Barack Obama. Act was true. He told us his mother’s health Mr. Obama casually ignored the historical ship in Syria. But under his ‘‘leadership,’’ he insurance denied her paying for her cancer drew a red line and then ran from it. Iran and and constitutional fact that religious liberty in- treatments—but it was a blatant falsehood. He volves much more than freedom of worship Russia are now taking the lead in Syria. While told America—many, many times—that if we he talks about leadership, his lack of action alone, and that the fundamental rights of free liked our plan and our doctor, we could keep speech and the free exercise of religion do not contributed to 400,000 human beings dead our plan and our doctor—but it was a blatant and generated 4 million migrants who are now stop at the exit door of the local house of wor- falsehood. In fact, Mr. Obama’s speech writers ship, but instead, extends to every area of life. destabilizing Europe. joked about deliberately putting that blatant The commentary of Jared Hatch of the Mr. Obama refused respect the public compo- falsehood over on Charlie Rose, who, like Young Leaders Program at the Heritage Foun- nent of religious liberty, and failed to accom- many in the media, never pressed the issue. dation said it this way: modate religion in our generally applicable Mr. Obama even deceived and betrayed ‘‘Contemplating the extermination of Aleppo laws, and placed in grave danger, the religious Bart Stupak from his own party and used a and its people, I was reminded of a sentence freedom in the Constitution which undergirds myriad of special political handouts like the that I read this summer. It appeared in an en- everything that is America. Cornhusker Kickback and the Louisiana Pur- comium to Elie Wiesel shortly after his death. RACE RELATIONS chase to scrape together the support to shove It was a sterling sentence. It declared: ‘‘We Barack Obama blatantly stoked racial ten- a giant government takeover of the healthcare must never be bystanders to injustice or indif- sions and in the process he painted a target industry down the American people’s throats ferent to suffering.’’ That was Wiesel’s teach- on the backs of the noble men and women in and then raided the coffers of Medicare to the ing, exactly. The problem with the sentence is blue who risk their lives every day to protect tune of over $700 billion to help pay for it. that it was issued by the White House and at- the innocent citizens of this country. Some Anyone with a basic understanding of eco- tributed to President Obama. And so the sen- people even went looking to assassinate po- nomics warned was going to wreak havoc tence was not at all sterling. It was out- lice officers. And the result was that innocent upon the insurance market. Barack Obama rageously hypocritical. Americans within both law enforcement and said, ‘‘Obamacare means more choice, more How dare Obama, and members of his ad- the minority community died across America competition, lower costs.’’ But now under Mr. ministration, speak this way? After five years for no reason. Barack Obama had an historic Obama’s presidency, the Cost of Average and more in which the United States’ inaction opportunity to unite America in a profound Family Health Insurance Plan has gone from in Syria has transformed our country into noth- way. Instead, he chose for temporary political $12,680 to over $25,000. Barack Obama said ing other than a bystander to the greatest gain to become the divider and chief by seek- the ACA will cost around $900 billion over 10 atrocity of our time, they have forfeited the ing to divide America by race and class. years; in reality it is at least $2 trillion or more. right to this language. Their angry and an- MR. OBAMA’S CONDESCENSION TOWARD THE AMERICAN Mr. Obama said that it would lower health in- guished utterances are merely the manipula- PEOPLE surance premiums by $2,500 per family. In 42 tion of the rhetoric of conscience on behalf of Barack Obama consistently subjected Amer- states, many premiums increased by over 100 a policy without a trace of conscience. You icans to condescending lectures. Because he percent. Mr. Obama said, ‘‘If you like your cannot be cold-hearted and high-minded at was a Progressive Politician who had attended doctor, you can keep your doctor’’ That was a the same time. Historians will record—they will the right schools held the right internships, blatant falsehood. Mr. Obama said, ‘‘I will pro- not have to dig deeply or interpret wildly to and had the right credentials he knew what tect Medicare.’’ That was a blatant falsehood. conclude—that all through the excruciations of was best for us farm better than we did that He robbed Medicare to pay for Obama care. Aleppo, and more generally of Syria, the

VerDate Sep 11 2014 07:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.061 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H386 CONGRESSIONAL RECORD — HOUSE January 11, 2017 United States watched. As we watched, we bombs and cluster bombs, the torture and in Iraq as one of their foreign policy achieve- made excuses, and occasionally we orna- murder of children, the displacement of 11 mil- ments. mented our excuses with eloquence. The lion people, the destabilization of Turkey, Leb- Then in spite of the prescient advice Presi- president is enamored of his eloquence. But anon and Jordan, the ascendancy of Iran in dent Bush gave on July 12, 2007 and the eloquence is precisely what the wrenching cir- the region, the emergence of Russia as a warnings of countless generals, Obama ig- cumstances do not require of him. In cir- global power, the diminishment of the Amer- nored his commanders and precipitously with- cumstances of moral (and strategic) emer- ican position in the world, the refugee crisis in drew our troops from Iraq. Even as we with- gency, his responsibility is not to move us. It Europe, the resurgence of fascism in Europe drew our troops, Vice President BIDEN said of is to pick up the phone. ‘‘Elie did more than and a significant new threat to the security of Iraq [quote] ‘‘I think it’s going to be one of the just bear witness,’’ Obama said in his eulogy, the United States. It is amazing how much great achievements of this Administration. ‘‘he acted.’’ And he added: ‘‘Just imagine the doing nothing can do, especially when it is we You’re going to see 90,000 troops come peace and justice that would be possible in who do nothing. marching home by the end of the summer, our world if more people lived a little more like Not long after he mourned Wiesel, the presi- you’re going to see a stable government in Elie Wiesel.’’ Just imagine. dent engaged in another one of his exercises Iraq that is moving towards a representative If Obama wants credit for not getting us into in empathy without consequence. At the U.N. government . . . ’’ [end quote] another war, the credit is his. If he wants cred- Summit for Refugees and Migrants, he spoke is precisely because of President Obama’s it for not being guilty of ‘‘overreach,’’ the credit of Alan Kurdi, the Syrian boy who washed up petulant decision to keep his politically moti- is his. If he wants credit for conceiving of dead on a beach in Turkey. ‘‘That little boy on vated campaign promise to remove all our troops from Iraq that the Islamic State was every obstacle and impediment to American the beach could be our son or our grandson,’’ able to form, spread across the region, and action in every corner of the globe, the credit the president moistly said. ‘‘We cannot avert bring about a brutal reign of evil the likes of is his. But it is a shameful and incontrovertible our eyes or turn our backs.’’ And then we pro- which the world has not seen since the Mon- fact of our history that during the past eight ceeded to avert our eyes and turn our backs. years the values of rescue, assistance, protec- gols rampaged across Asia. The people who had the power to prevent, Right after the Islamic state entered Iraq, tion, humanitarianism and democracy have stop or even mitigate this catastrophe should many of us in Congress wrote a letter to Mr. been demoted in our foreign policy and in now bow their heads and fall silent and reflect Obama beseeching him to understand the many instances banished altogether. The ruins on how it is that they brought us so low. Alep- danger of this terrorist organization and im- of the finest traditions of American internation- po is no more, and we are weakened and dis- ploring him to respond while there was time. alism, of American leadership in a darkening graced. Astoundingly, Mr. Obama labeled the Islamic world, may be found in the ruins of Aleppo. Mr. Speaker, it is ironic and tragic that the state a junior varsity team and his administra- Our ostentatious passivity is a primary cause fall of Aleppo comes as Barack Obama is to tion stood by with the collective golf club in of that darkening. When they go low, we go leave office. Because it is one of the clearest their hand while ISIS raped and murdered and home. The Obama legacy in foreign policy is demonstrations of how his cowardly foreign beheaded its way across Iraq, selling six-year- vacuum-creation, which his addled America- and domestic policies have consistently left old girls into slavery and burning people alive. First successor will happily ratify. Aleppo was tens of thousands of innocent helpless victims The Islamic State now keeps an estimated not destroyed by the Syrian army. It was de- dead in his wake. 3,000 young girls and women in sexual slav- stroyed by a savage coalition led and pro- When Islamic terrorists bombed Brussels, ery, and they are being beaten and raped day tected by Russia. While they massacred inno- killing and injuring hundreds of people, includ- after day. It is mind-numbingly horrific to know cent men, women and children, we anxiously ing Americans, President Obama was eating what these innocent girls are going through pondered scenarios of ‘‘deconfliction.’’ cracker jacks at a baseball game rubbing el- every day while Mr. Obama runs out the clock We need to be unforgivingly clear. The obli- bows with a communist dictator. on his term of office and hands the fight gation to act against evil in Aleppo was no dif- When the Benghazi tragedy occurred in the against ISIS off to the next president. Under ferent from the obligation to act against the middle of a presidential election, and three Mr. Obama’s administration the murder of in- evil in Sarajevo and Srebrenica. (Has anyone Americans and our ambassador were mur- nocent people by terrorists increased almost ever heard Mr. Obama mention Bosnia?) It dered by terrorists the Obama Administration’s tenfold. Then when President Obama drew his was no different from the obligation to act spin-masters told us it was because of a famous red line in Syria, Bashir Assad had against the evil in Rwanda. It was no different YouTube video. It was a dark and deliberate been paying attention and he knew he could from the obligation to act against the evil in lie to the American people in front of flag- simply ignore this red line in the sand for what Auschwitz. And we scorned the obligation. We draped coffins and was an egregious example it was. And he proceeded to do just that and learned nothing. We forgot everything. We of the Obama Administration’s astonishing he remains in power to this day slaughtering failed. We did not even try. lack of accountability and transparency. the moderate rebels and the Kurds fighting No, that is not quite right. It would be incor- At a time when noble Americans were fight- ISIS. rect to analyze our delinquency in Syria in the ing and dying in the sands of Iraq to secure In response to the onslaught of ISIS, Presi- dichotomously simple terms of action and in- a lasting peace and bring stability to the re- dent Obama launched one of the most anemic action. The administration creatively pioneered gion, Senator Obama vigorously opposed the and pathetic air campaigns in modern history a third option, which it pursued not only in Surge in Iraq and said [quote] ‘‘I am not per- and ISIS grew to somewhere around 40,000 Syria but also in Ukraine and elsewhere: Be- suaded that 20,000 additional troops in Iraq is fighters under President Obama’s watch. He tween action and inaction, it chose incon- going to solve the sectarian violence there, in enabled ISIS to grow and metastasize, attract sequential action. There is the Obama doc- fact I think it will do the reverse . . . I am and radicalize countless young men from the trine! We backed moderate Syrian rebels, but going to actively oppose the president’s pro- West who will attempt to return home and un- not as seriously or as generously as the im- posal.’’ [end quote]. In spite of the opposition leash their virulent brand of Islam upon inno- moderate Syrian rebels were backed. We sent to the Surge from Senator Obama, Senator cent Europeans and Americans as we have so in small numbers of special operators. The Reid, and many other partisan Democrats not- tragically seen in France, Brussels, and even CIA ran a few programs. We acted, in sum, withstanding, General Petraeus and our unbe- in the United States. During the so-called Arab only in ways certain not to affect the outcome. lievably courageous men and women in uni- Spring the Obama administration sided with We were strategically feckless. I suspect that form were able to snatch victory from the jaws the Muslim brotherhood in Egypt. the president believes that the United States of defeat—decimating Al-Qaeda in Iraq, halt- Barack Obama mocked Mitt Romney during has no moral right to affect an outcome in an- ing sectarian violence, and achieving a sus- their second presidential debate, saying ‘‘The other country. I suspect that he regards such tainable peace. As thanks for this historic mili- 1980s are now calling to ask for their foreign decisive action as imperialism, or at least as tary feat, the Left in America called him ‘‘Gen- policy back.’’ Mr. Speaker—would to God that Iraq-like. What this means in practice is that eral Betray Us,’’ and Senator Hillary Clinton we could get the foreign policy from the 1980s we will not help people who deserve our help. said his reports to the Senate by General back! For eight years Barack Obama ignored In the spirit of respecting other societies, we Petraeus required the ‘‘willing suspension of the fact that Vladimir Putin is a KGB killer in- will idly gaze at their destruction. How would disbelief.’’ tent on restoring Russia to its Soviet-era in disrespecting them be worse? This was a despicable display of hyper-par- prayer for error. And it has been an absolute As a direct or indirect consequence of our tisanship on the part of Mr. Obama and the national embarrassment to watch this Russian refusal to respond forcefully to the Syrian cri- Democrats who refused to accept American thug unceremoniously mop the floor and the sis, we have beheld secular tyranny, religious victory in Iraq. But then of course, the Obama map of the world with the President of the tyranny, genocide, chemical warfare, barrel Administration would go on to claim the peace United States.

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.062 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H387 In his first year of office, and on the very foot into the Jewish quarter of Jerusalem the Middle East, but he was also silent about day of the 70th anniversary of Soviet Invasion (where they have resided for thousands of that. Day in Poland, President Obama betrayed our years) and they could not even stand in front He stood by and let ISIS, Boko Haram, Rus- European allies. The Czechs and the Poles of the Western Wall, the holiest site of Juda- sia, Syria and Planned Parenthood brutally had risked the survival of their governments ism. In accepting the factually and morally in- desecrate the innocent. by agreeing to implement a missile-shield in correct label of ‘‘occupied’’ proclaimed in this ABORTION their countries that could have significantly de- resolution, President Obama and Secretary Only three days after he took office, on Jan- valued Iran’s entire nuclear missile pursuits Kerry have reinforced the position of the pleth- uary 23, 2009, President Obama overturned and even one day may have protected Amer- ora of anti-Semites at the U.N. America’s long-standing policy, which prohib- ica from the Iranian nuclear missiles. But to This anti-Semitic resolution fueled and lent ited taxpayer dollars from being used to fund placate a revanchist Russia Barack Obama legitimacy to the ongoing murderous hatred of the killing of unborn children by abortion over- blatantly betrayed both the Czechs and the Jews, which manifested itself once again two seas. In a time of economic crisis, President Poles and unilaterally withdrew from the plan. weeks later when an ISIS-inspired murderer Obama proceeded to give millions of U.S. Under Barack Obama, U.S. agreements rammed his truck into a group of 16 Jews who Taxpayer dollars to abortion providers in for- with our understandably nervous friends in Obama helped label ‘‘occupiers’’ by his ab- eign countries. Eastern Europe were not worth the paper they stention. Pastor Rick Warren asked candidate were printed on. Ukraine gave up its nuclear In an all-too-familiar scene, thousands of Obama, ‘‘Forty million abortions, at what point weapons with the written assurance from Rus- people poured into the streets in Gaza to cele- does a baby get human rights, in your view?’’ sia and the United States of America that its brate the murder of Jews. Amidst the celebra- Mr. Obama’s response was, ‘‘Well, you know, national sovereignty would be protected. Then, tions, candy was passed out and Fathi I think that whether you’re looking at it from a in response to the unconscionable Russian in- Hamad, the leader of the Hamas, issued the theological perspective or a scientific perspec- vasion of Ukraine and seizure of the Crimean following statement: ‘‘The message of our Is- tive, answering that question with specificity, Peninsula, the Obama Administration would lamic party Hamas is a message of encour- you know, is above my pay grade.’’ not even provide lethal armaments to the agement and support for every jihadi who car- President Barack Obama had one of the Ukrainians. Instead he offered MREs. Then ries out an attack that puts an end to the acts greatest opportunities ever afforded to any Mr. Obama evidently did not deem that humil- of the Zionist enemy.’’ president to take his place among history’s iation complete until he had turned to the Rus- Despite lending credence to the casus belli most respected heads of state by defending sians to assist with Syria. The complete and of the ISIS-inspired attack, the President has the rights of the defenseless which is the ulti- total lack of leadership from the Obama White yet to comment on this despicable act of ter- mate measure of every true statesman. House once again came full circle. rorism. Not only did he fail that opportunity, lie went Ben Rhoades made an attempt to analyze When the Security Council Quartet meets to great effort to proactively promote the indis- the mindset of Barack Obama. He said, on January 15 and the full UNSC meets on criminate killing of the most defenseless of all [quote] ‘‘He is smarter than everyone and January 17, I am gravely concerned that human beings. Barack Obama worked dili- more than willing to actively lie and obfuscate Barack Obama will overturn U.S. precedent gently to expand abortion on demand in Amer- to the American people and media to effect going back to Lyndon Johnson and use the ica and throughout the earth. He relentlessly his desired outcomes, despite, or in spite of, opportunity to stab Israel in the back one final worked against taxpayer’s wishes to give bil- the will of the American people, the law, and time by allowing the anti-Semites at the UN to lions of taxpayer dollars to Planned Parent- even common sense.’’ redraw the map to Israel’s indefensible pre- hood, the largest promoter and perpetrator of OUR ALLY ISRAEL 1967 borders—leaving the world’s only Jewish abortion on demand on Earth. Barack Obama pledged [quote] state less than 9 miles wide. Throughout his presidency, Mr. Obama sur- ‘‘unshakeable commitment’’ [unquote] to Up until Barack Obama became President, rounded himself with some of the most radical Israel’s security. Mr. Obama stood before a America protected the State of Israel against pro-abortion officials in public office, including group of thousands of supporters of Israel and the anti-Semitic mob we call the United Na- Secretary of Health and Human Services proclaimed that ‘‘when the chips are down, I tions. The only thing United about the United Kathleen Sebelius, who supports Partial Birth have Israel’s back.’’ Nations has been their consistent opposition But then as President, he blatantly refused Abortions, and White House Science Advisor to America and the state of Israel. John Holdren, who has written openly about even to acknowledge Jerusalem as Israel’s Let me be very clear, Mr. Speaker. Orches- capital. Then Mr. Obama consistently ex- his support of radical policies like forced abor- trating and then failing to veto this resolution tions and forced sterilization. pressed more open rebuke toward Israel for that undermined Israel’s right to exist was a building houses in its capital city than he ex- In August 2010, authorities entered the clin- cowardly act of political treachery by Barack ic of Dr. Kermit Gosnell, and found a torture pressed for Iran’s efforts to build nuclear Obama that has disgraced the United States weapons with which to existentially threaten chamber for little babies that defies description of America and it will send Barack Obama’s the state of Israel along with the peace and within the constraints of the English-language. name down the corridor of history as an overt security of the entire human family. According to the Grand Jury report: quote Mr. Obama all but ignored Iran’s call for traitor to Nation of Israel. ‘‘Dr. Kermit Gosnell had a simple solution for It is an absolute disgrace that this President Israel to be wiped off the map. He supported unwanted babies: he killed them. He didn’t call has been willing to sacrifice the security and the unification of Fatah and Hamas. He pres- it that. He called it ‘ensuring fetal demise.’ The stability of this vital ally and our greatest friend sured Israel to release over 100 murderers, way he ensured fetal demise was by sticking in the world, upon the altar of perceived inter- rapists, and terrorists. He suggested that scissors in the back of the baby’s neck and Israel return to 1967 border lines which would national civility. It is a betrayal that history will cutting the spinal cord. He called it ‘snipping.’ have made national security for the tiny nation never forget. Over the years there were hundreds of of Israel almost impossible. INNOCENT VICTIMS ‘snippings’. Benjamin Netanyahu came to Congress and Perhaps the singularly saddest tragedy the Mr. Speaker, these were born alive children said ‘‘obviously we are going to have to con- Barack Obama leaves behind are all of the in- murdered by having their spines snipped with tinue to prepare to defend ourselves by our- nocent victims that needed his help so des- scissors without anesthetic. selves.’’ perately and for whom now that help is forever Ashley Baldwin, one of Dr. Gosnell’s em- On December 23, 2016, two days before too late. Mr. Obama’s Administration consist- ployees, said she saw babies breathing and Christmas and one day before the start of Ha- ently and unconscionably implemented poli- she described one as two feet long that no nukkah, in the waning days of his administra- cies across the board that negatively impacted longer had eyes or a mouth, but, in her words, tion, in the safety of a lame-duck presidency, the most vulnerable in human society. was like making this ‘‘screeching’’ noise . . . President Obama and Secretary Kerry broke The Obama administration loosened restric- and it ‘‘sounded like a little alien.’’ with over 20 years of bipartisan precedent and tions on regimes using child soldiers. The For God’s sake Mr. Speaker, is that who we betrayed America’s best friend in the world Obama administration officials repeatedly ig- truly are? when he orchestrated and then refused to nored Chinese human rights abuses during As President of the United States of Amer- veto a United Nations Security Council resolu- trips to China. ica at the time, Barack Obama did not utter tion that undermined Israel’s very right to FBI statistics indicate that hate crimes one syllable against these gut wrenching exist. against the Jewish population are up, but Mr. atrocities of Kermit Gosnell or Planned Parent- Under the manifestation of this resolution, Obama was silent about that. There was and hood. He lectured this country on almost ev- Jewish citizens of Israel could not legally step is genocide against Christians taking place in erything and yet he was shamefully silent in

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00085 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.063 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H388 CONGRESSIONAL RECORD — HOUSE January 11, 2017 the face of this insidious and horrifying geno- Cimmerian darkness where the light of human membering living, helpless little human ba- cide against these helpless little born alive compassion has gone out and the survival of bies? human children. the fittest has prevailed over humanity. Presi- Mr. Speaker, I once prayed and hoped that When he was in the state legislature, Mr. dent Barack Obama failed that moment. Barack Obama would take a different road Obama actually voted no four times on a bill President Barack Obama’s record is crystal than he did when it came to protecting inno- that would have protected crying, kicking, clear. For his entire his political life, Mr. cent humanity. Just before he first took office breathing babies after they were born alive. Obama has strongly supported the full legal- eight years ago, I wrote the President of the Mr. Obama, also consistently supported the ization of abortion on demand throughout all United States an open letter on this very issue policy that allowed more than 18,000 late- nine months of pregnancy for any reason or of protecting the innocent unborn child that term, pain capable unborn babies were tortur- no reason whatsoever including sex selection was published in Human Events Magazine the ously killed without anesthesia in America in throughout all nine months of pregnancy and very day he raised his hand to take the oath just the last year. Many of them cried and he supported forcing American taxpayers to of office, swearing before God that he would screamed as they died, but because it was pay for it whether the taxpayers liked it or not. preserve and protect the Constitution of the amniotic fluid going over their vocal cords in- Under President Barack Obama, nearly 9 mil- United States. Several days later in the White stead of air, we couldn’t hear them. lion innocent, defenseless little American ba- House I personally handed Mr. Obama that In his position, President Barack Obama bies were aborted before they saw the first original letter which he promised to read. could have easily and successfully enacted smile of their mother. In that letter I wished him well, hoping that policies that would have saved the vast major- So ironically, Mr. Speaker, President Obama he would use his unique and historic oppor- ity of the little babies like the ones Dr. Kermit once spoke very noble and poignant words tunity to bring together Americans in their Gosnell killed, yet all of his adult life he has that, whether he realized it or not, apply so common humanity to a moment of renewed actively and vigorously supported policies that profoundly to this subject. Mr. Speaker, let me commitment to recognize and protect every not only allowed but were the direct result of quote excerpted portions of his comments: member of the human family including the in- them being killed. Mr. Obama once said, ‘‘This is our first nocent unborn child. In 2015, the Center for Medical Progress re- task—caring for our children. It’s our first job. The letter is as follows: leased numerous video recordings that incon- If we don’t get that right, we don’t get anything Dear President Barack Obama, trovertibly documented corporate officers and right. That’s how, as a society, we will be History and the human family find them- employees of Planned Parenthood casually judged.’’ selves at a crossroads as you take the oath of discussing the harvesting and sale of the little He asked, ‘‘Are we really prepared to say office to become the 44th President of the body parts of countless little babies among the that we’re powerless in the face of such car- United States. I am told you are the first to re- hundreds of thousands of innocent babies nage, that the politics are too hard? Are we quest to be sworn in with your hand on the they are killing in many of the hundreds of ex- prepared to say that such violence visited on same Bible used by Abraham Lincoln when he isting abortion clinics owned by Planned Par- our children year after year after year is some- took the same oath. enthoOd across this nation. It was a revelation how the price of our freedom?’’ In the days, years, and generations to so ugly and evil that it still casts an indelible He also said ‘‘Our journey is not complete come, many voices will speak to the profound stain of shame on all of us as Americans. Yet, until all our children . . .’’ are ‘‘cared for and symbolism of this gesture on your part. History Barack Obama arrogantly and heartlessly did cherished and always safe from harm.’’ will also record whether or not you honored all that was necessary to force American tax- ‘‘That is our generation’s task’’ he said, ‘‘to those noble principles held in the heart of payers to continue to fund this organization of make these words, these rights, these values Abraham Lincoln; that all of God’s children human butchery called Planned Parenthood. of life and liberty and the pursuit of happiness have the right to live, and be free, and to pur- In the U.S. Senate, Mr. Obama voted no on real for every American.’’ sue their dreams. a bill that would have prohibited someone Mr. Speaker, never have I so deeply agreed This is one Republican with the sincerest from taking a minor child out of state for an with any words ever spoken by President prayer that history will confirm that you did. abortion without at least notifying the child’s Obama as those I have just quoted. How I May I submit that the surest hope of such parents. He voted no on a bill that would have wish he could somehow open his heart and a confirmation is for you and the Nation to re- allowed unborn babies in low income house- his ears to his own words, and ask himself in member why we built that grand white granite holds to be included for health insurance cov- the core of his own soul, why these words that memorial along the Potomac to Mr. Lincoln, erage. should apply to ALL children, cannot include and why we revere him so deeply. As President he appointed an Empire of the most helpless and vulnerable of all chil- We honor Abraham Lincoln most because radically pro-abortion judges and government dren? he found within himself the humanity and bureaucrats. He vowed to veto The Prenatal Are there any children more vulnerable than courage to transcend the politics and conven- Nondiscrimination Act which would prohibit little pain capable babies are before they are tion of his day, to recognize the child of God discriminating against an unborn baby girl by even born? Could we not at least agree we in a slave, which both the tide of public opin- subjecting her to abortion simply because she should all come together protect them when ion and the Dred Scott Supreme Court deci- is a little girl instead of a little boy. they are between the beginning of the sixth sion had declared to be a nonperson, and He promised to veto the Pain Capable Un- month of pregnancy and birth when we know unprotectable by law. born Child Protection Act after its historic pas- that the thousands upon thousands of babies History found Abraham Lincoln a faithful sage in the United States House of Rep- Planned Parenthood kills at this age feel ago- steward of the hope, human dignity, and deliv- resentatives. This is a bill that would protect nizing pain in the process of being murdered? erance of those who bore the image of God in both mothers and their little pain capable un- Could we not agree that little human babies the shame of slavery; and now it waits to wit- born babies between the beginning of their who survive abortion and are born alive ness President Barack Obama’s stewardship sixth month of pregnancy and live birth from should be protected? Could the President not of the hope, human dignity, and deliverance of the unspeakable cruelty of Planned Parent- have agreed to that much, Mr. Speaker? those who bear the image of God in unborn hood and evil monsters like Kermit Gosnell. Ironically, Barack Obama was in the unique silence. The House of Representatives later passed position, perhaps among all other presidents Yes, it is true, Mr. President, that no issue The Born Alive Abortion Survivors Protection in history, to bring this country together to pro- since slavery has divided Democrats and Re- Act. This was a humane and reasonable bill tect these helpless little babies. Yet as the publicans so deeply as abortion. Yet, the two that in the name of humanity would simply most powerful human being in the world, Mr. issues are so profoundly similar. In both protect those babies who had survived the Obama chose to become the most powerful cases, the innocent victims were arbitrarily de- process of abortion and were born alive. born enemy of the most helpless human beings in humanized in the name of freedom. And yes, alive, Mr. Speaker. Yet astonishingly, Barack the world. Nothing will stain his legacy or his it will be easy for you to listen to the voices Obama, the President of the United States claims of looking out for the little guy with of those who still today, in the name of free- and the leader of the free world wrote a letter more shame than going down in history as the dom, would deprive the innocent of both life to Congress and said he would veto this bill to ‘‘Abortion President’’. and liberty. Certainly, their familiar phrases protect these born alive babies if it ever Mr. Speaker, I know Mr. Obama will hold to prevailed for a time in the days of slavery. reached his desk. I can only say Mr. Speaker, the standard line and cloak it all in the name However, is it possible that in hindsight, and that there is a moment in the life of every pol- of freedom of choice as he is done throughout with the weight of history on your shoulders, icymaker when he or she makes a decision ei- his political life, but I wish he could just ask that you might find the courage to reject this ther to protect the innocent or to embrace the himself, what is so liberating about dis- insidious deception that has crushed so many

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00086 Fmt 7634 Sfmt 9920 E:\CR\FM\A11JA7.064 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H389 lives across history, and that relentlessly pur- 150. A letter from the Alternate OSD gency with respect to the Western Balkans sues this nation still? FRLO, Office of the Secretary, Department that was declared in Executive Order 13219 of Mr. Lincoln did. He said, ‘‘Those who deny of Defense, transmitting the Department’s June 26, 2001, pursuant to 50 U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); (90 Stat. 1257) freedom to others deserve it not themselves, final rule — Department of Defense Per- sonnel Security Program Regulation [Docket and 50 U.S.C. 1703(c); Public Law 95-223, Sec and under a just God, cannot long retain it.’’ ID: DOD-2016-OS-0121] (RIN: 0790-AJ55) re- 204(c); (91 Stat. 1627); to the Committee on That is why we love him, and built our memo- ceived January 10, 2017, pursuant to 5 U.S.C. Foreign Affairs. rial to him. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 159. A letter from the Secretary, Depart- So, as you lay your hand upon his Bible, Stat. 868); to the Committee on Armed Serv- ment of the Treasury, transmitting a six- Mr. President, may I adjure you to listen, in ices. month periodic report on the national emer- the stillness of your own heart, to the faint 151. A letter from the Regulatory Spe- gency with respect to terrorists who threat- en to disrupt the Middle East peace process cries for mercy from those little souls who now cialist, LRAD, Office of the Comptroller of the Currency, Department of the Treasury, that was declared in Executive Order 12947 of look to you for hope; and to the words printed transmitting the Department’s final rule — January 23, 1995, pursuant to 50 U.S.C. in red on the pages beneath your hand which Receiverships for Uninsured National Banks 1641(c); Public Law 94-412, Sec. 401(c); (90 will be declared again in eternity’s final day; [Docket ID: OCC-2016-0017] (RIN: 1557-AE07) Stat. 1257) and 50 U.S.C. 1703(c); Public Law ‘‘Inasmuch as you have done it unto one of received January 10, 2017, pursuant to 5 95-223, Sec 204(c); (91 Stat. 1627); to the Com- the least of these my brethren, you have done U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. mittee on Foreign Affairs. it unto me.’’ 251; (110 Stat. 868); to the Committee on Fi- 160. A letter from the Assistant Secretary for Export Administration, Bureau of Indus- Mr. Speaker, I truly and sincerely wished nancial Services. 152. A letter from the Director, Directorate try and Security, Department of Commerce, God’s best for Barack Obama when he took of Standards and Guidance, Occupational transmitting the Department’s final rule — office, just as I do now. And it gives me no Safety and Health Administration, Depart- Burma: Amendment of the Export Adminis- pleasure to lay out what I believe to be the ment of Labor, transmitting the Depart- tration Regulations Consistent with an Ex- profound failures of Mr. Obama’s presidency. ment’s Major final rule — Occupational Ex- ecutive Order that Terminated U.S. Govern- However, in a Republic like ours where the posure to Beryllium [Docket No.: OSHA- ment’s Sanctions [Docket No.: 161005929-6929- people are the final arbiters of our public pol- H005C-2006-0870] (RIN: 1218-AB76) received 01] (RIN: 0694-AH18) received January 10, January 10, 2017, pursuant to 5 U.S.C. 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public icy, and where those who would subvert this Law 104-121, Sec. 251; (110 Stat. 868); to the Republic consistently resort to deception and 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Education Committee on Foreign Affairs. historical revisionism, an accurate record is and the Workforce. 161. A letter from the Acting Assistant vital to our nation’s survival and its future gen- 153. A letter from the Director, Division of Secretary, Legislative Affairs, Department erations. Regulation, Legislation, and Interpretation, of State, transmitting a determination au- So, alas Mr. Speaker, I am afraid President Wage and Hour Division, Department of thorizing assistance to Syria, pursuant to Obama tragically wasted his precious and his- Labor, transmitting the Department’s final Sec. 451 of the Foreign Assistance Act of 1961, as amended; ; to the Committee on For- toric opportunity. However, this is the true rule — Updating Regulations Issued Under the Fair Labor Standards Act, Service Con- eign Affairs. record of President Barack Obama, and to 162. A letter from the Assistant Secretary, paraphrase William Wilberforce, ‘‘We may tract Act, Davis-Bacon and Related Acts, Contract Work Hours and Safety Standards Legislative Affairs, Department of State, choose to look the other way but we can Act, the Family and Medical Leave Act, Em- transmitting Transmittal No. DDTC 16-111, never say again that we did not know.’’ ployee Polygraph Protection Act, and the pursuant to Section 36(c) of the Arms Export Mr. Speaker, I yield back the balance Migrant and Seasonal Agricultural Worker Control Act; to the Committee on Foreign of my time. Protection Act (RIN: 1235-AA17) received Affairs. 163. A letter from the Assistant Secretary, January 10, 2017, pursuant to 5 U.S.C. The SPEAKER pro tempore. Mem- Legislative Affairs, Department of State, 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 bers are reminded to refrain from en- transmitting the Interagency Working Stat. 868); to the Committee on Education gaging in personalities toward the Group on U.S. Government-Sponsored Inter- and the Workforce. President. 154. A letter from the Assistant Secretary national Exchanges and Training FY 2016 f for Legislation, Department of Health and Annual Report, pursuant to Public Law 87- 256, Sec. 112(f) and (g), as amended, and 22 LEAVE OF ABSENCE Human Services, transmitting the Fiscal Year 2016 Ryan White HIV/AIDS Program U.S.C. 2460(f) and (g); to the Committee on By unanimous consent, leave of ab- Parts A and B Supplemental Report to Con- Foreign Affairs. 164. A letter from the Director, Office of sence was granted to: gress, pursuant to 42 U.S.C. 300ff-13(e); July Government Ethics, transmitting the An- 1, 1944, ch. 373, title XXVI, Sec. 2603 (as Mr. NADLER (at the request of Ms. nual Financial Report for the U.S. Office of amended by Public Law 109-415, Sec. 104(e)); PELOSI) for today on account of funeral Government Ethics for FY 2016, as submitted (120 Stat. 2776) and 42 U.S.C. 300ff-29a(d); July in the district. to the Office of Management and Budget, 1, 1944, ch. 373, title XXVI, Sec. 2620 (as pursuant to 31 U.S.C. 3515(a)(1); Public Law f amended by Public Law 109-415, Sec. 205(2)); 101-576, Sec. 303(a)(1) (as amended by Public (120 Stat. 2798); to the Committee on Energy ADJOURNMENT Law 107-289, Sec. 2(a)); (116 Stat. 2049); to the and Commerce. Mr. FRANKS of Arizona. Mr. Speak- 155. A letter from the Assistant Secretary Committee on Oversight and Government er, I move that the House do now ad- for Legislation, Department of Health and Reform. 165. A letter from the Assistant Secretary, Human Services, transmitting the 2014-2015 journ. Legislative Affairs, Department of State, Scientific and Clinical Status of Organ The motion was agreed to; accord- transmitting a semi-annual report to Con- Transplantation Report to Congress, pursu- ingly (at 8 o’clock and 19 minutes gress concerning the compliance of Azer- ant to Sec. 376 of the Public Health Service p.m.), under its previous order, the baijan, Kazakhstan, Tajikistan, and Uzbek- Act, as codified in 42 U.S.C. 274d; to the Com- House adjourned until tomorrow, istan with the Act’s freedom of emigration mittee on Energy and Commerce. provisions, pursuant to 19 U.S.C. 2432(b); Thursday, January 12, 2017, at 10 a.m. 156. A letter from the Assistant Secretary Public Law 93-618, Sec. 402(b); (88 Stat. 2056) for morning-hour debate. for Legislation, Department of Health and and 19 U.S.C. 2439(b); Public Law 93-618, Sec. Human Services, transmitting the Poison f 409(b); (88 Stat. 2064); to the Committee on Help Campaign Report to Congress for Fiscal Ways and Means. EXECUTIVE COMMUNICATIONS, Year 2015, in accordance with 42 U.S.C. 300d- 166. A letter from the Assistant Secretary ETC. 72(c)(2), as amended by the Poison Center for Legislation, Department of Health and Network Act, Public Law 113-77; to the Com- Under clause 2 of rule XIV, executive Human Services, transmitting a Report to mittee on Energy and Commerce. Congress titled ‘‘Improving Medicare Post- communications were taken from the 157. A letter from the Assistant Secretary Acute Care Transformation (IMPACT) Act of Speaker’s table and referred as follows: for Legislation, Department of Health and 2014 Strategic Plan for Accessing Race and 149. A letter from the Under Secretary, Ac- Human Services, transmitting the ‘‘2014-2015 Ethnicity Data’’, pursuant to 42 U.S.C. 1395lll quisition, Technology, and Logistics, Depart- Report to Congress on Organ Donation and note; Public Law 113-185, Sec. 2(d)(3); (128 ment of Defense, transmitting a report to the Recovery, Preservation, and Transpor- Stat. 1968); jointly to the Committees on En- Congress titled ‘‘Failure of Contractors, Par- tation of Organs’’, pursuant to 42 U.S.C. 274f- ergy and Commerce and Ways and Means. ticipating Under the Department of Defense 4, added by Public Law 108-216, the Organ Do- Test Program for a Comprehensive Subcon- nation and Recovery Improvement Act; to f tracting Plan, to Meet Their Negotiated the Committee on Energy and Commerce. PUBLIC BILLS AND RESOLUTIONS Goals’’, pursuant to 15 U.S.C. 637 note; Public 158. A letter from the Secretary, Depart- Law 114-92, Sec. 872(d)(2); (129 Stat. 939); to ment of the Treasury, transmitting a six- Under clause 2 of rule XII, public the Committee on Armed Services. month periodic report on the national emer- bills and resolutions of the following

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JA7.065 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE H390 CONGRESSIONAL RECORD — HOUSE January 11, 2017 titles were introduced and severally re- forts relating to the New River, and for other certain conservation subsidies to include ferred, as follows: purposes; to the Committee on Natural Re- subsidies for water conservation or effi- sources, and in addition to the Committee on ciency measures and storm water manage- By Mr. WEBER of Texas (for himself, Transportation and Infrastructure, for a pe- ment measures; to the Committee on Ways Mr. KNIGHT, Mr. SMITH of Texas, Ms. riod to be subsequently determined by the and Means. EDDIE BERNICE JOHNSON of Texas, Mr. Speaker, in each case for consideration of By Mr. JEFFRIES (for himself, Mr. LUCAS, Mr. LIPINSKI, Mr. CULBERSON, such provisions as fall within the jurisdic- MEEHAN, Mr. GOWDY, Mr. COLLINS of Mr. TONKO, Mr. BRIDENSTINE, Mr. tion of the committee concerned. New York, and Mr. BUTTERFIELD): PERLMUTTER, Mr. SCHWEIKERT, Mr. By Mr. RENACCI (for himself, Mr. H.R. 449. A bill to require the Surgeon Gen- GARAMENDI, Mr. PETERS, Mr. LEWIS of Georgia, Mr. KELLY of Penn- eral of the Public Health Service to submit HULTGREN, and Mr. ROHRABACHER): sylvania, Mr. KILMER, Mr. BUCSHON, to Congress a report on the effects on public H.R. 431. A bill to enable civilian research Mr. BARLETTA, Mr. DIAZ-BALART, Mr. health of the increased rate of use of syn- and development of advanced nuclear energy MEEHAN, Mr. COSTELLO of Pennsyl- thetic drugs; to the Committee on Energy technologies by private and public institu- vania, Mr. TIBERI, Mr. ROSKAM, Mrs. and Commerce. tions, to expand theoretical and practical COMSTOCK, Mr. JOYCE of Ohio, and By Mr. JONES: knowledge of nuclear physics, chemistry, H.R. 450. A bill to amend title 10, United Mr. REICHERT): and materials science, and for other pur- H.R. 439. A bill to amend the Internal Rev- States Code, to ensure that every military poses; to the Committee on Science, Space, enue Code of 1986 to prevent tax-related iden- chaplain has the prerogative to close a pray- and Technology. tity theft and tax fraud, and for other pur- er outside of a religious service according to By Ms. DELBENE (for herself, Mr. poses; to the Committee on Ways and Means. the dictates of the chaplain’s own con- KIND, Mr. RUPPERSBERGER, and Ms. By Mr. POE of Texas (for himself and science; to the Committee on Armed Serv- KUSTER of New Hampshire): ices. Mrs. CAROLYN B. MALONEY of New H.R. 432. A bill to amend the Internal Rev- York): By Mr. LATTA (for himself, Mr. DUN- enue Code of 1986 to expand and modify the H.R. 440. A bill to amend title 18, United CAN of Tennessee, Mr. FARENTHOLD, credit for employee health insurance ex- States Code, to permit sentencing judges in Mr. GOSAR, Mr. JODY B. HICE of Geor- penses of small employers; to the Committee child sex trafficking cases to order the At- gia, Mr. JONES, Mr. LONG, Mr. on Ways and Means. torney General to publicize the name and MESSER, and Mr. POE of Texas): By Mr. WILSON of South Carolina (for photograph of the convicted defendants, and H.R. 451. A bill to amend the Internal Rev- enue Code of 1986 to repeal the estate tax and himself, Mr. DUNCAN of South Caro- for other purposes; to the Committee on the retain stepped-up basis at death; to the Com- lina, and Mr. CRAMER): Judiciary. H.R. 433. A bill to prohibit the Secretary of mittee on Ways and Means. By Mr. CALVERT (for himself, Mr. Energy from planning, developing, or con- By Mr. LUETKEMEYER (for himself, ROHRABACHER, Mr. KNIGHT, and Mr. structing a defense waste repository until Mr. CLAY, Mrs. WAGNER, Mrs. HUNTER): the Nuclear Regulatory Commission has H.R. 441. A bill to provide for additional se- HARTZLER, Mr. CLEAVER, Mr. GRAVES made a final decision with respect to the curity requirements for Syrian and Iraqi ref- of Missouri, Mr. LONG, Mr. SMITH of construction authorization application for ugees, and for other purposes; to the Com- Missouri, and Mr. SESSIONS): H.R. 452. A bill to designate the facility of the Yucca Mountain Nuclear Waste Reposi- mittee on the Judiciary. tory; to the Committee on Energy and Com- the United States Postal Service located at By Mr. EMMER (for himself, Ms. CAS- merce. 324 West Saint Louis Street in Pacific, Mis- TOR of Florida, Mr. BEYER, Mr. SAN- By Mr. DENHAM (for himself, Mr. souri, as the ‘‘Specialist Jeffrey L. White, Jr. FORD, Ms. LEE, Mr. POCAN, Mr. LAMALFA, Mr. NEWHOUSE, Mr. CAL- Post Office’’; to the Committee on Oversight AMASH, Mr. CRAWFORD, Mr. MCGOV- VERT, Mr. COSTA, and Mr. and Government Reform. ERN, and Mr. POE of Texas): By Mr. PETERSON (for himself, Mr. GARAMENDI): H.R. 442. A bill to lift the trade embargo on GOODLATTE, Mr. SMITH of Missouri, H.R. 434. A bill to authorize a pilot project Cuba, and for other purposes; to the Com- Mr. LONG, Mr. LEWIS of Minnesota, for an innovative water project financing mittee on Foreign Affairs, and in addition to Mr. EMMER, Mr. SENSENBRENNER, and program, and for other purposes; to the Com- the Committees on Ways and Means, Finan- Mr. KIND): mittee on Natural Resources. cial Services, and Agriculture, for a period to By Mr. ELLISON (for himself, Mr. H.R. 453. A bill to deem the Step 2 compli- be subsequently determined by the Speaker, ance date for standards of performance for PITTENGER, Mrs. CAROLYN B. MALO- in each case for consideration of such provi- NEY of New York, Mr. DUFFY, Mr. AL new residential wood heaters, new residen- sions as fall within the jurisdiction of the tial hydronic heaters, and forced-air furnaces GREEN of Texas, Mr. STIVERS, Mr. committee concerned. MEEKS, Mrs. LOVE, Mr. CAPUANO, Mr. to be May 15, 2023; to the Committee on En- By Mr. DESJARLAIS (for himself and ergy and Commerce. RENACCI, Ms. MOORE, Mr. JONES, Mr. Mrs. BLACKBURN): CONYERS, Mr. GRIJALVA, and Ms. By Mr. ROSS: H.R. 443. A bill to direct the Secretary of H.R. 454. A bill to amend the Illegal Immi- SCHAKOWSKY): the Interior to study the suitability and fea- H.R. 435. A bill to amend the Fair Credit gration and Immigrant Responsibility Act of sibility of designating the James K. Polk 1996 to direct the Secretary of Homeland Se- Reporting Act to clarify Federal law with re- Home in Columbia, Tennessee, as a unit of spect to reporting certain positive consumer curity to complete the required 700-mile the National Park System, and for other southwest border fencing by December 31, credit information to consumer reporting purposes; to the Committee on Natural Re- agencies, and for other purposes; to the Com- 2017, and for other purposes; to the Com- sources. mittee on Homeland Security. mittee on Financial Services. By Mr. DEUTCH (for himself, Mr. By Mr. THOMPSON of Mississippi: By Mr. SMITH of New Jersey (for him- BUCHANAN, and Mr. WELCH): H.R. 455. A bill to designate the United self and Ms. MENG): H.R. 444. A bill to establish an advisory of- States courthouse located at 501 East Court H.R. 436. A bill to prioritize the fight fice within the Bureau of Consumer Protec- Street in Jackson, Mississippi, as the ‘‘R. against human trafficking within the De- tion of the Federal Trade Commission to pre- Jess Brown United States Courthouse’’; to partment of State according to congressional vent fraud targeting seniors, and for other the Committee on Transportation and Infra- intent in the Trafficking Victims Protection purposes; to the Committee on Energy and structure. Act of 2000 without increasing the size of the Commerce. By Ms. TITUS (for herself, Mr. KIHUEN, Federal Government, and for other purposes; By Mr. DEUTCH (for himself, Mr. and Ms. ROSEN): to the Committee on Foreign Affairs. QUIGLEY, and Mr. CONNOLLY): H.R. 456. A bill to require the Secretary of By Mr. BILIRAKIS (for himself and H.R. 445. A bill to establish a gun buyback Energy to obtain the consent of affected Mrs. BROOKS of Indiana): grant program; to the Committee on the Ju- State and local governments before making H.R. 437. A bill to amend the Homeland Se- diciary. an expenditure from the Nuclear Waste Fund curity Act of 2002 to codify authority under By Mr. GRIFFITH: for a nuclear waste repository; to the Com- existing grant guidance authorizing use of H.R. 446. A bill to extend the deadline for mittee on Energy and Commerce. Urban Area Security Initiative and State commencement of construction of a hydro- By Ms. TITUS: Homeland Security Grant Program funding electric project; to the Committee on Energy H.R. 457. A bill to amend title 38, United for enhancing medical preparedness, medical and Commerce. States Code, to improve the appeals process surge capacity, and mass prophylaxis capa- By Mr. GRIFFITH: of the Department of Veterans Affairs; to the bilities; to the Committee on Homeland Se- H.R. 447. A bill to extend the deadline for Committee on Veterans’ Affairs. curity. commencement of construction of a hydro- By Mr. TROTT (for himself and Mrs. By Mr. VARGAS (for himself and Mr. electric project; to the Committee on Energy DINGELL): HUNTER): and Commerce. H.R. 458. A bill to require the Secretary of H.R. 438. A bill to direct the Administrator By Mr. HUFFMAN (for himself, Mr. Transportation to conduct a study on the of the Environmental Protection Agency to ROHRABACHER, Mr. DOGGETT, Ms. economic and environmental risks to the establish a California New River restoration MCSALLY, and Mr. LAMALFA): Great Lakes of spills or leaks of oil, and for program to build on, and help coordinate H.R. 448. A bill to amend the Internal Rev- other purposes; to the Committee on Trans- funding for, restoration and protection ef- enue Code of 1986 to expand the exclusion for portation and Infrastructure, and in addition

VerDate Sep 11 2014 05:07 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\L11JA7.100 H11JAPT1 smartinez on DSK3GLQ082PROD with HOUSE January 11, 2017 CONGRESSIONAL RECORD — HOUSE H391 to the Committee on Energy and Commerce, tives, the following statements are sub- Article I, Section 8, Clause 3: for a period to be subsequently determined mitted regarding the specific powers The Congress shall have Power to regulate by the Speaker, in each case for consider- granted to Congress in the Constitu- Commerce with foreign Nations, and among ation of such provisions as fall within the ju- tion to enact the accompanying bill or the several States, and with the Indian risdiction of the committee concerned. Tribes. By Mrs. WAGNER (for herself, Ms. joint resolution. By Mr. RENACCI: GABBARD, Mr. SENSENBRENNER, Mrs. By Mr. WEBER of Texas: H.R. 439. MIMI WALTERS of California, Mrs. H.R. 431. Congress has the power to enact this legis- COMSTOCK, Mrs. BEATTY, Mr. MEEHAN, Congress has the power to enact this legis- lation pursuant to the following: Mr. DESANTIS, Mr. PAULSEN, Mrs. lation pursuant to the following: Article 1, Section 8, Clause 1: BROOKS of Indiana, Mrs. NOEM, Mr. Article I, Section 8, Clause 18: The Congress shall have Power To lay and KNIGHT, Mrs. BLACK, Mr. YOHO, Mr. The Congress shall have power to make all collect Taxes, Duties, Imposts and Excises, CRAMER, Ms. MOORE, Mr. Laws which shall be necessary and proper for to pay the Debts and provide for the common FARENTHOLD, Mr. JOYCE of Ohio, Ms. carrying into Execution the foregoing Pow- Defence and general Welfare of the United STEFANIK, Mr. YOUNG of Iowa, Mrs. ers, and all other Powers vested by this Con- States; but all Duties, Imposts and Excises HARTZLER, Mr. COSTELLO of Pennsyl- stitution in the Government of the United shall be uniform throughout the United vania, Ms. TITUS, and Mr. ROYCE of States, or in any Department of Officer States. California): thereof. Article 1, Section 8, Clause 18: H.R. 459. A bill to provide for the vacating By Ms. DELBENE: To make all Laws which shall be necessary of certain convictions and expungement of H.R. 432. and proper for carrying into Execution the certain arrests of victims of human traf- Congress has the power to enact this legis- foregoing Powers, and all other Powers vest- ficking; to the Committee on the Judiciary. lation pursuant to the following: ed by this Constitution in the Government of By Mr. YOUNG of Iowa (for himself, Article I, Section 8 of the United States the United States, or in any Department or Mr. WELCH, Mr. LOEBSACK, Mr. Constitution. Officer thereof. DUFFY, Mr. STEWART, Mr. POCAN, Mr. By Mr. WILSON of South Carolina: By Mr. POE of Texas: LATTA, Mr. KIND, Mr. NOLAN, Mrs. H.R. 433. H.R. 440. NOEM, and Mr. CRAMER): Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 460. A bill to amend the Communica- lation pursuant to the following: lation pursuant to the following: tions Act of 1934 to ensure the integrity of Article 1, Section 8 of the United States Clause 18 of section 8 of article I of the voice communications and to prevent unjust Constitution. Constitution which states that Congress has or unreasonable discrimination among areas By Mr. DENHAM: the power ‘‘to make all laws which shall be of the United States in the delivery of such H.R. 434. necessary and proper for carrying into Exe- communications; to the Committee on En- Congress has the power to enact this legis- cution the foregoing Powers, and all other ergy and Commerce. lation pursuant to the following: Powers vested by this Constitution in the Article I, Section 8 of the United States By Mr. HIMES (for himself, Mr. Government of the United States, or in any Constitution, specifically Clause 1 (relating LOWENTHAL, Ms. LOFGREN, Mr. FOS- Department or Officer thereof. to providing for he common defense and gen- TER, Mr. POCAN, Ms. SPEIER, Ms. NOR- By Mr. CALVERT: eral welfare of the United States), Clause 3 TON, Ms. SCHAKOWSKY, Mr. SCHIFF, H.R. 441. (relating to regulating commerce with for- Ms. DELAURO, Ms. SLAUGHTER, Mr. Congress has the power to enact this legis- eign nations, and among the several states, KILMER, Ms. JUDY CHU of California, lation pursuant to the following: and with the Indian tribes) and Clause 18 (re- and Mr. MCGOVERN): The constitutional authority of Congress lating to the power to make all laws nec- H. Res. 44. A resolution expressing support to enact this legislation is Section 8 of Arti- essary and proper for carrying out the pow- for designation of February 12, 2017, as ‘‘Dar- cle I of the Constitution, specifically Clauses ers vested in Congress). win Day’’ and recognizing the importance of 1 (relating to providing for the general wel- By Mr. ELLISON: science in the betterment of humanity; to fare of the United States) and 18 (relating to H.R. 435. the Committee on Science, Space, and Tech- the power to make all laws necessary and Congress has the power to enact this legis- nology. proper for carrying out the powers vested in lation pursuant to the following: By Mr. CROWLEY: Congress) of such section. Article I, Section 8, Clause 1. H. Res. 45. A resolution electing Members OR By Mr. SMITH of New Jersey: to certain standing committees of the House The constitutional authority of Congress H.R. 436. of Representatives; considered and agreed to. to enact this legislation is Article I, Section Congress has the power to enact this legis- 8, Clause 1 and Clause 18. f lation pursuant to the following: By Mr. EMMER: MEMORIALS Article 1, Section 8, Clauses 3 and 18, as H.R. 442. this bill better equips the Executive Branch Congress has the power to enact this legis- Under clause 3 of rule XII, memorials to properly carry out the powers vested in it lation pursuant to the following: were presented and referred as follows: by the Constitution, as well as ensures that Articlel, Section 8 to regulate Commerce 2. The SPEAKER presented a memorial of Congress is accurately informed of a foreign with Foreign Nations the Senate of the Commonwealth of Puerto nations’ trafficking record and tier ranking By Mr. DESJARLAIS: Rico, relative to Senate Resolution 1449, to when Congress considers regulation of com- H.R. 443. urge the President of the United States, merce with foreign nations. Congress has the power to enact this legis- Barack Obama, to grant a Presidential par- By Mr. BILIRAKIS: lation pursuant to the following: don to Oscar Lopez-Rivera; to the Committee H.R. 437. Clause 2 of Section 3 of Article IV of the on the Judiciary. Congress has the power to enact this legis- U.S. Constitution: The Congress shall have 3. Also, a memorial of the Senate of the lation pursuant to the following: the power to dispose of and make all needful This bill is enacted pursuant to Article I, Commonwealth of Massachusetts, relative to rules and regulations respecting the terri- Section 8, Clause 1 of the Constitution of the a Resolution, memorializing Congress to tory or other property belonging to the United States, which grants Congress the consider the Bridge Act and protect eligible United States power to provide for the common Defense of young undocumented immigrants who reside By Mr. DEUTCH: the United States, and Article I, Section 8, in the United States; to the Committee on H.R. 444. Clause 18 of the Constitution of the United the Judiciary. Congress has the power to enact this legis- States, which provides Congress the power to lation pursuant to the following: f make ‘‘all Laws which shall be necessary and Article I, Section 8, Clause 3 of the U.S. PRIVATE BILLS AND proper’’ for carrying out the constitutional Constitution. RESOLUTIONS powers vested in the Government of the By Mr. DEUTCH: United States. H.R. 445. Under clause 3 of rule XII, By Mr. VARGAS: Congress has the power to enact this legis- Mr. UPTON introduced a bill (H.R. 461) H.R. 438. lation pursuant to the following: for the relief of Ibrahim Parlak; Congress has the power to enact this legis- Article I, Section 8, Clause 3 of the U.S. which was referred to the Committee lation pursuant to the following: Constitution. on the Judiciary. Article I, Section 8, Clause 18: By Mr. GRIFFITH: The Congress shall have Power to make all H.R. 446. f Laws which shall be necessary and proper for Congress has the power to enact this legis- CONSTITUTIONAL AUTHORITY carrying into Execution the foregoing Pow- lation pursuant to the following: STATEMENT ers, and all other Powers vested by the Con- This bill is enacted pursuant to the power stitution in the Government of the United granted to Congress under Article I, Section Pursuant to clause 7 of rule XII of States, or in any Department or Officer 8, Clause 18 of the United States Constitu- the Rules of the House of Representa- thereof. tion.

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By Mr. GRIFFITH: Art. I, Sec. 8, Clause 1 H.R. 80: Mr. WEBER of Texas, Mr. DUNCAN H.R. 447. By Mr. THOMPSON of Mississippi: of South Carolina, Mr. JODY B. HICE of Geor- Congress has the power to enact this legis- H.R. 455. gia, Mr. BACON, Mr. PITTENGER, Mr. lation pursuant to the following: Congress has the power to enact this legis- POLIQUIN, Mr. CARTER of Texas, Mr. AMODEI, This bill is enacted pursuant to the power lation pursuant to the following: Mr. CULBERSON, Mr. COMER, and Mr. KELLY granted to Congress under Article I, Section Clause 2 of Section 3 of Article IV of the of Mississippi. 8, Clause 18 of the United States Constitu- Constitution: The Congress shall have Power H.R. 81: Mr. GARRETT. tion. to dispose of and make all needful Rules and H.R. 113: Ms. SCHAKOWSKY, Mr. ROYCE of By Mr. HUFFMAN: Regulations respecting the Territory or California, and Ms. MICHELLE LUJAN GRIS- H.R. 448. other Property belonging to the United HAM of New Mexico. Congress has the power to enact this legis- States; and nothing in this Constitution H.R. 160: Mr. RYAN of Ohio, Mr. SOTO, Ms. lation pursuant to the following: shall be so construed as to Prejudice any PINGREE, and Mr. TIPTON. Clause 1, Section 8 of Article 1 of the Claims of the United States, or of any par- H.R. 162: Mr. ENGEL and Mr. GRIJALVA. United States Constitution, which reads: ticular State. H.R. 164: Ms. LEE. ‘‘The Congress shall have Power to lay and By Ms. TITUS: H.R. 165: Ms. NORTON and Mr. SOTO. collect Taxes, Duties, Imposts, and Excises, H.R. 456. H.R. 166: Ms. WILSON of Florida. to pay the Debts, and provide for the com- Congress has the power to enact this legis- H.R. 167: Ms. WILSON of Florida. mon Defense and General Welfare of the lation pursuant to the following: H.R. 168: Mr. AL GREEN of Texas. United States; but all Duties and Imposts Article 1, Sec. 8, clause 3 H.R. 172: Mr. HUDSON. and Excises shall be uniform throughout the By Ms. TITUS: H.R. 174: Mr. LAMALFA and Mr. JODY B. United States.’’ H.R. 457. HICE of Georgia. By Mr. JEFFRIES: Congress has the power to enact this legis- H.R. 184: Mr. ELLISON, Mr. MITCHELL, and H.R. 449. lation pursuant to the following: Mrs. RADEWAGEN. Congress has the power to enact this legis- The bill is enacted pursuant to the power H.R. 199: Mrs. DAVIS of California, Ms. lation pursuant to the following: granted to Congress under Article I, Section MICHELLE LUJAN GRISHAM of New Mexico, Article I, Section 8, Clause 18 of the United 8, Amendment XVI, of the United States Mr. SOTO, Mr. VELA, Mr. GONZALEZ of Texas, States Constitution (‘‘Congress shall have Constitution and Mr. GALLEGO. the power . . . To make all Laws which shall By Mr. TROTT: H.R. 241: Mr. JONES. be necessary and proper for carrying into H.R. 458. H.R. 244: Mr. NUNES, Mr. CA´ RDENAS, Mr. Execution . . . all other Powers vested in Congress has the power to enact this legis- KNIGHT, and Mr. JONES. this Constitution in the Government of the lation pursuant to the following: H.R. 247: Mr. HUIZENGA and Mr. HURD. United States, or in any Department or Offi- Article I, Section 8 cer thereof). By Mrs. WAGNER: H.R. 253: Mr. MEEHAN. By Mr. JONES: H.R. 459. H.R. 257: Mr. LAMBORN. H.R. 450. Congress has the power to enact this legis- H.R. 263: Mr. MOOLENAAR, Mr. DUNCAN of Congress has the power to enact this legis- lation pursuant to the following: South Carolina, and Mr. CULBERSON. lation pursuant to the following: Amendment XIII which authorizes Con- H.R. 329: Ms. NORTON. Article 1, Section 8 of the United States gress to make laws enforcing the extension H.R. 338: Mr. GENE GREEN of Texas. Constitution (clauses 12, 13, 14, and 16), which of civil rights and universal freedom to vic- H.R. 350: Mr. BUCK, Mr. KELLY of Pennsyl- grats Congress the power to raise and sup- tims of slavery. vania, Mr. KELLY of Mississippi, Mr. port an Army; to provide and maintain a Clause 18 of section 8 of article I of the WENSTRUP, Mrs. BLACK, Ms. SINEMA, Mr. Navy; to to make rules for the government Constitution which states that Congress has COHEN, Mr. TIPTON, Mr. HURD, Mr. VALADAO, and regulation of the land and naval forces; the power ‘‘To make all laws which shall be Mr. JOYCE of Ohio, and Mr. BABIN. and to provide for organizing, arming, and necessary and proper for carrying into Exe- H.R. 351: Mr. AUSTIN SCOTT of Georgia and disciplining the militia. cution the foregoing Powers, and all other Ms. CASTOR of Florida. By Mr. LATTA: Powers vested by this Constitution in the H.R. 354: Mr. GOWDY, Mr. CHAFFETZ, Mr. H.R. 451. Government of the United States, or in any FRANCIS ROONEY of Florida, Mr. RODNEY Congress has the power to enact this legis- Department or Officer thereof.’’ DAVIS of Illinois, and Mr. HIGGINS of Lou- lation pursuant to the following: By Mr. YOUNG of Iowa: isiana. Article 1, Section 8, Clause 1 H.R. 358: Mr. JENKINS of West Virginia. The Congress shall have Power to lay and H.R. 460. H.R. 361: Mr. SMITH of Texas, Mr. DUNCAN collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- of South Carolina, Mr. GOSAR, Mr. BROOKS of to pay Debts and provide for the common lation pursuant to the following: Alabama, Mr. BARLETTA, Mr. JONES, Mr. Defence and general Welfare of the United Article I, Section 8, Clause 3 of the United FARENTHOLD, and Mr. LAMALFA. States; but all Duties, Imposts and Excises States Constitution. H.R. 371: Miss RICE of New York, Mr. shall be uniform throughout the United By Mr. UPTON: SCHRADER, and Mrs. CAROLYN B. MALONEY of States. H.R. 461. New York. By Mr. LUETKEMEYER: Congress has the power to enact this legis- H.R. 394: Mr. MEEHAN. H.R. 452. lation pursuant to the following: Congress has the power to enact this legis- Article 1, section 8, clause 4 of the Con- H.R. 400: Mr. ROUZER, Mr. FERGUSON, and lation pursuant to the following: stitution provides that Congress shall have Mr. RUSSELL. Article 1, Section 8, Clause 7, ‘‘The Con- power to ‘‘establish an uniform rule of Natu- H.R. 406: Ms. GABBARD. gress shall have Power to . . . establish Post ralization’’. H.R. 407: Mr. RUSSELL. H.R. 422: Mr. BISHOP of Michigan and Mr. Offices and Post Roads . . . ‘‘ In the Con- f stitution, the power possessed by Congress BUCK. embraces the regulation of the Postal Sys- ADDITIONAL SPONSORS H.R. 429: Mr. BIGGS, Mr. PEARCE, and Mrs. COMSTOCK. tem in the country. Therefore, the proposed Under clause 7 of rule XII, sponsors H. Con. Res. 4: Ms. MOORE, Mr. MEEKS, Ms. legislation in naming a post office would fall were added to public bills and resolu- under the powers granted to Congress in the CLARKE of New York, Ms. WASSERMAN Constitution. tions, as follows: SCHULTZ, and Mr. GRIJALVA. By Mr. PETERSON: H.R. 23: Mr. COSTA. H. Con. Res. 8: Mr. WENSTRUP, Mr. H.R. 453. H.R. 38: Mr. ROKITA, Mr. MARSHALL, Mr. CHAFFETZ and Mr. KATKO. Congress has the power to enact this legis- BANKS of Indiana, Mr. RENACCI, and Mr. H. Res. 30: Mr. MEEHAN, Mr. CALVERT, Mr. lation pursuant to the following: HULTGREN. TONKO, Mr. RUPPERSBERGER, Mrs. DINGELL, Article 1, Section 8, Clause 3 of the U.S. H.R. 41: Mr. KELLY of Mississippi. Mrs. TORRES, Ms. EDDIE BERNICE JOHNSON of Constitution. H.R. 60: Mr. YOUNG of Iowa, Mr. CAPUANO, Texas, Mr. NORCROSS, Mr. VELA, and Mr. By Mr. ROSS: Mr. PASCRELL, Mr. BERA, Mr. SIRES, Mr. GONZALEZ of Texas. H.R. 454. RUIZ, Mr. MICHAEL F. DOYLE of Pennsyl- H. Res. 31: Ms. DELBENE, Mr. SERRANO, Mr. Congress has the power to enact this legis- vania, Mr. PETERS, Mr. FASO, Mr. MAC- SEAN PATRICK MALONEY of New York, Mr. lation pursuant to the following: ARTHUR, and Mr. MCKINLEY. LOBIONDO, and Mr. JENKINS of West Virginia.

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Vol. 163 WASHINGTON, WEDNESDAY, JANUARY 11, 2017 No. 7 Senate The Senate met at 12 noon and was their partisan law on our country, they I suggest the absence of a quorum. called to order by the President pro promised an easy-to-use system—one The PRESIDING OFFICER. The tempore (Mr. HATCH). that would lower premiums and out-of- clerk will call the roll. f pocket health care costs, one that The senior assistant legislative clerk would foster choice and allow families proceeded to call the roll. PRAYER to keep the plans and doctors they Mr. SCHUMER. Madam President, I The Chaplain, Dr. Barry C. Black, of- liked. ask unanimous consent that the order fered the following prayer: But it didn’t take long for the Amer- for the quorum call be rescinded. Let us pray. ican people to discover the truth about The PRESIDING OFFICER. Without Eternal Spirit, our Counselor and ObamaCare. Too many have been per- objection, it is so ordered. sonally hurt by this law. Too many feel Guide, give us the faith to believe in f the ultimate triumph of truth and they are worse off than they were be- righteousness. Today, teach our law- fore ObamaCare. Listening to their sto- RECOGNITION OF THE MINORITY makers to do things Your way, embrac- ries helps to explain why they might LEADER ing Your precepts and walking in Your feel this way. The PRESIDING OFFICER. The For instance, too many Americans path. Remind them that the narrow Democratic leader is recognized. say their ObamaCare plans are too ex- and difficult road eventually leads to pensive to actually use. Too many say f abundant living. As You teach them to their ObamaCare premiums have gone RUSSIA live abundantly, replace their fears up and up, although their options have with faith, their confusion with clar- Mr. SCHUMER. Madam President, I diminished. Too many say their rise today to speak on a matter of ity, and their discouragement with op- choices on ObamaCare have deterio- timism. Lord, remind them that no great importance to the foreign policy rated to just one or two insurers. of this country: our relationship with weapon formed against them will be These are some of the realities of Russia and the efficacy of inter- able to prosper. Give them a strong ObamaCare for too many families in national sanctions to achieve our faith in the efficacy of prayer, as they Kentucky and across the country. continue to commune with You These are some inconvenient realities international security goals. throughout this day. May Your heav- that those who continue to defend this The reports of the past 24 hours are enly peace, which transcends human failed law must finally face up to. Re- extremely troubling. But one thing we understanding, guard their hearts and member, even former President Clinton now all agree on is that Russia is be- minds today and always. called ObamaCare ‘‘the craziest thing hind the hacking of our election, as We pray in Your sacred Name. Amen. in the world.’’ This was Bill Clinton on even the President-elect has now just f ObamaCare. said. This makes it even more impor- So it is little wonder that 8 in 10 tant that we not only keep the existing PLEDGE OF ALLEGIANCE favor changing ObamaCare signifi- sanctions in place but that we institute The President pro tempore led the cantly or replacing it altogether. We a new, tough sanctions regime in re- Pledge of Allegiance, as follows: must act quickly to bring relief to the sponse so Russia can’t get away with I pledge allegiance to the Flag of the American people. I hope Democrats what they did and other countries will United States of America, and to the Repub- will work with us as we take the next know as well that they will suffer pen- lic for which it stands, one nation under God, steps toward repealing and replacing alty if they try to interfere with our indivisible, with liberty and justice for all. this failing law. elections. f Tonight, Senators from both parties Unfortunately, this morning’s Cabi- will have an important opportunity to net hearing on Mr. Tillerson’s nomina- RECOGNITION OF THE MAJORITY take a vote on the legislative tools nec- tion is a very troubling sign of things LEADER essary to repeal ObamaCare. Then we to come. In one breath, Mr. Tillerson The PRESIDING OFFICER (Mrs. can send it to the House and begin tak- said that the invasion of Crimea is a ERNST). The majority leader is recog- ing the next steps to finally move away violation of international law, and in nized. from ObamaCare, while we move ahead the next, amazingly enough, he de- f with smarter health care policies. This clined to commit to maintaining the is what the American people have existing sanctions regime against Rus- OBAMACARE called for us to do. It is the best way sia. He said he wants to get classified Mr. MCCONNELL. Madam President, forward for our country and the people briefings first and then consult with when ObamaCare’s supporters forced we represent. the President-elect. But I remind the

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

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The Hampshire, and Christopher Gahan, I commit to continuing these sanctions clerk will call the roll. understand, had almost every job that is tantamount to sweeping Russia’s The senior assistant legislative clerk a Senate office has. He started at the flouting of international laws under proceeded to call the roll. very beginning, but because of his the rug. It sort of says: Go ahead, Mr. SCHUMER. Madam President, I enormous talents and his ability and interfere in our elections again; noth- ask unanimous consent that the order hard work, he relatively quickly rose ing will happen to you. It says the for the quorum call be rescinded. and became chief of staff for Senator same to China and Iran or to any other The PRESIDING OFFICER. Without Gregg. country that might try to hack. objection, it is so ordered. When I was elected to the Senate in Secretary Nominee Tillerson has also 2010, I got a call within a matter of f not committed to new sanctions. Just weeks from Christopher, and he said he yesterday, a bipartisan group of Sen- RESERVATION OF LEADER TIME wanted to come and meet with me and ators, including the Senators from The PRESIDING OFFICER. Under discuss the fact that I needed a chief of South Carolina, Maryland, Florida, the previous order, the leadership time staff. He drove up to Allentown. We California, Nebraska, introduced a is reserved. had lunch, and I decided almost imme- tough, new sanctions-on-Russia bill for diately that this guy would probably their interference in our elections. I f do a great job. He clearly had the at- support this effort. I believe the Senate CONCURRENT RESOLUTION ON tributes that I was looking for. should act soon upon it. I am very con- THE BUDGET, FISCAL YEAR 2017 I should also point out some of the cerned that thus far the President- things that are perhaps not as widely The PRESIDING OFFICER. Under elect, Mr. Tillerson, and Senator SES- known about Christopher outside of my the previous order, the Senate will re- SIONS have not endorsed these tough office. One is that he is a tremendous new sanctions. sume consideration of S. Con. Res. 3, athlete. He has been for a long time. The Senator from Florida—not from which the clerk will report. When he was in college, he was on the my party—also pressed Mr. Tillerson The senior assistant legislative clerk varsity men’s water polo team. He was on a series of war crimes committed by read as follows: cocaptain at Brown, he was All-Ivy the Assad regime and the Russian mili- A concurrent resolution (S. Con. Res. 3) League, and to this day, he gets up at tary in Syria. These crimes have been setting forth the congressional budget for 4 or 5 o’clock every morning and usu- reported in the press and detailed ex- the United States Government for fiscal year 2017 and setting forth the appropriate budg- ally goes for a run. He occasionally tensively by people on the ground and etary levels for fiscal years 2018 through 2026. bangs out a marathon and thinks noth- discussed at length by my friend, the ing of it. He has quite a diverse range The PRESIDING OFFICER. Under Republican Senator from Arizona, Mr. of talents. the previous order, 3 hours of debate MCCAIN. Mr. Tillerson will not even ac- He also has a very peculiar taste in knowledge these violations of human remain on the resolution for the major- certain things. He loves all things re- rights and war crimes. ity and 3 hours of debate remain on the lated to cats, except the animals them- Finally, I am very concerned that de- resolution for the minority. selves. I don’t understand that. Maybe spite the fact that we have registered Mr. SCHUMER. Madam President, I it is an allergy; I am not sure exactly lobbying disclosures from ExxonMobil suggest the absence of a quorum. what it is. If you look at his desk area, itself, documenting their involvement The PRESIDING OFFICER. The he has funny photos of cats, little por- in lobbying against Iran sanctions, Mr. clerk will call the roll. celain cats, little masks of cats, and a Tillerson said this morning that Exxon The senior assistant legislative clerk calendar of cats. He loves all things did not lobby on sanctions, to his proceeded to call the roll. cats, except the animals themselves. It knowledge. Mr. TOOMEY. Madam President, I is quite remarkable. This comes on top of recent reports ask unanimous consent that the order Having said all of that about his that Exxon avoided Iran’s sanctions by for the quorum call be rescinded. background, what I really want to say dealing with Iran and other state spon- The PRESIDING OFFICER. Without is how fortunate Pennsylvania and I sors of terrorism through a European objection, it is so ordered. have been to have Christopher Gahan subsidiary. This, too, is very con- TRIBUTE TO CHRISTOPHER GAHAN serving in this capacity. As I said, from cerning. It raises real questions as to Mr. TOOMEY. Madam President, I the day that I had lunch with Chris- whether the President-elect and his rise this afternoon to bid a very fond topher, I knew he could do a great job. Cabinet are prepared to stand up to farewell to a man whom I have come to I knew he had that ability. I had very Putin, stand up to Iran, and represent like very much and respect enor- high expectations for what he could do, the interests of the American people mously. He is Christopher Gahan. He and he has exceeded those expectations and defend our democratic allies has been my chief of staff for 6 years. every day. It has really been quite around the world. After 6 years of extraordinary service, amazing. He is a very intelligent man, My friends on the other side of the he has decided that he is going to move but more importantly, he has great aisle have nearly universally criticized on to the private sector. I want to say judgment and a great ability to work this President, Mr. Obama, for his pol- a few words about Christopher’s back- with people. icy on Syria and for not being tough ground and his contribution to my of- The role he has played in my office enough on Vladimir Putin. Republicans fice, to our country, and the people of has been absolutely tremendous. For have always called themselves the Pennsylvania. example, he is very knowledgeable party of Reagan. I don’t need to remind Christopher is actually from New about a number of issue areas, but he any of them of his famous speech in Hampshire. He is a native of Rye always understood that his role was to West Berlin. Now, it seems, this funda- Beach. After growing up in New Hamp- help the legislative assistants who had mental tenet of Republican foreign pol- shire, he earned his degree in biology responsibilities for those areas. Chris- icy, and indeed our national policy for at Brown University and then went on topher’s role was to make sure that the last few decades, is eroding before to get a law degree from Harvard. I can they were able to do the work they our very eyes. Now, it seems, the Presi- assure everyone he has recovered from were assigned to do and to really shine dent-elect and his Cabinet may never his educational experience to a very and get a chance to excel and to grow address the international security pol- extensive degree. personally. While he could have in- icy challenges posed by Russia and He went into law and practiced at the serted himself in that dynamic, he state sponsors of terrorism like Iran law firm of Latham & Watkins in Los never did. He always chose to empower

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.001 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S225 the people who worked under him, and ered up to $100,000 in expenses. Then, But the problem with that approach he created an environment where peo- God forbid, there is a diagnosis of can- is that they have had 7 years—7 years— ple loved to come to work every day. cer or some serious illness, and $100,000 to prepare something, and they have They loved to work hard. They wanted evaporates over a weekend. nothing. So what are we going to do in to do well for a lot of reasons, not the So those limits are no longer allowed the meantime? least of which is they wanted to con- in health insurance policies. We said We did the responsible thing, I hope. tinue to earn the respect of Chris- women should be treated the same as Let’s find a way to make the Afford- topher Gahan. men when it comes to premiums. We able Care Act even stronger, better, Needless to say, he is extremely well also went on to say that, when it comes fairer. Sign me up. Make it a bipar- liked, both within the office and on the to these health insurance companies, tisan effort. Don’t repeal it. Sit down Hill. I know how often other chiefs, they have to be focused on keeping pre- and rewrite it in a way that is fair and other Members, people who come to us mium costs in control, and they have makes it stronger and better. with concerns from Pennsylvania— to justify any profits that go way be- The basic things we want to make they have praised his even-handed, yond the reasonable. sure of are that people can have the very thoughtful, very hard-working ap- Then we said: If you are a mother or same basic protection if they wish it in proach. He has truly enabled us to have father with a son or daughter coming health insurance. Ensure that no one a very successful office for these last 6 out of college and they are looking for loses their current benefits, whether it years, and I am very grateful to him. a job, they are doing an internship, and is maternity care, mental health care, He is moving on to the private sec- they don’t have health insurance, they or substance abuse treatment, which is tor, and I understand that. He has can stay on your family policy until now required to be covered by health served me and my office, our State and age 26. insurance plans. Ensure that no one’s our country very well. He deserves the That is pretty important for a lot of premiums or out-of-pocket expenses change that he has embraced, and I families. My family has been through get out of line. Protect people with pre- think he is going to do very well. I am that with our kids. To know and have existing conditions and don’t just sim- sure he will, and I wish him every suc- peace of mind that your daughter or ply shift the cost to States—my State cess. My only insistence is that he stay son can continue to be covered by your included—that could not afford to take in touch because he has become a very family plan—these things are all built this on. Keep drug prices down for sen- good friend and he is just a great into the Affordable Care Act. Now, sim- iors. source of advice. ply repealing that, even saying it will You see, that is a part I did not men- Lastly, he is a great patriot. He loves happen at a later date, throws into tion. Medicare is affected by the Af- this country. He has served it well, and question, if not chaos, our health care fordable Care Act. Under Medicare, the we are going to miss him. system in America. 60 million Americans under Medicare Madam President, I suggest the ab- A lot of people are finally thinking used to have something called a dough- sence of a quorum. about that. It is not just a protest vote nut hole. It was on odd invention when The PRESIDING OFFICER. The about a President who is going to be this bill was written into law. It said clerk will call the roll. leaving office in 9 days. It is a life-and- that Medicare for seniors would cover The senior assistant legislative clerk death decision for health care for mil- the front end of their prescription proceeded to call the roll. lions of Americans. Now many of my costs, if they are high, and, then, they Mr. DURBIN. Madam President, I ask colleagues on the other side of the aisle have to take the middle part out of unanimous consent that the order for are starting to wake up to that reality. their savings, and, then, late in the the quorum call be rescinded. Senator COTTON of Arkansas said: ‘‘It year, Medicare kicked back in. The PRESIDING OFFICER. Without would not be the right path for us to It was costing seniors $1,000, $2,000 a objection, it is so ordered. repeal ObamaCare without laying out a year. We eliminated it with the Afford- Mr. DURBIN. Madam President, ap- path forward.’’ able Care Act. Now, if you repeal that, parently a number of our colleagues Yesterday, House Speaker PAUL what happens to seniors and their pre- here are having second thoughts about RYAN said that Republicans want to re- scription drug costs? Those are legiti- the strategy on the floor. We have be- peal ObamaCare ‘‘concurrently’’ with a mate questions which need to be an- fore us a budget resolution. It is set- replacement—‘‘concurrently.’’ swered before we go blindly into re- ting the stage for a budget process Senator LAMAR ALEXANDER, my pealing the Affordable Care Act. called reconciliation. To put it in lay- friend and colleague from Tennessee, Let’s work together—Democrats and man’s terms, we are going to be mov- who chairs the Health, Education, Republicans—to make this a better ing from this budget resolution vote to Labor, and Pensions Committee, re- law. I have said it before and I will say a vote at a time to be announced later, sponded by saying: ‘‘To me, ‘simulta- it again. The only perfect law that I possibly in the next 2 weeks, to repeal neously’ and ‘concurrently’ mean am aware of was carried down a moun- ObamaCare. ObamaCare should be finally repealed tain by ‘‘Senator Moses’’ on clay tab- There has been a lot of speculation only when there are concrete, practical lets. The rest of the efforts that we put about what the impact will be if we reforms in place that give Americans into this are always subject to review, don’t replace the Affordable Care Act, access to truly affordable health amendment, and improvement. The Af- or ObamaCare, with something very care’’—Senator ALEXANDER. fordable Care Act I would put in that quickly—for obvious reasons. We have Newt Gingrich, the former Repub- category. seen 30 million Americans who now lican Speaker of the House, said: ‘‘I If there is a good-faith effort on the have health insurance because of the don’t think Republicans want to leave Republican side to join with Demo- creation of the Affordable Care Act. 23 million people out there worried crats, I want to be part of it. I also We have changed health insurance that they are going to lose their insur- want to salute my colleague, Senator policies across the United States so ance.’’ DEBBIE STABENOW, who will be on the that if you have someone in your fam- So you go through the long list of floor in a couple of hours to talk about ily with a preexisting condition, you Republican dissenters to this notion of the mental health protections and sub- can’t be discriminated against when repeal and we will get back to you stance abuse treatment protections in you buy insurance. later: Senators CORKER, PORTMAN, COL- the Affordable Care Act. We used to Back in the old days, before LINS, CASSIDY, MURKOWSKI. They have have this debate on the Senate floor ObamaCare became the law of the land, come up with an amendment to this about whether health insurance poli- health insurance companies could just budget resolution, and they have said: cies should cover mental illness. We de- refuse to insure your family or charge Let’s postpone this whole effort until bated that. For the longest time, they you a premium that was beyond reach. we have had time to put some work did not. People with those problems We also eliminated the caps that were into it and come up with an alternative and challenges have long-term care, in built in—the limits that were built to answer some of the basic questions some cases. into these health insurance policies. about what a new version of the Afford- But because of the bipartisan effort People were buying policies which cov- able Care Act would look like. of Mr. Paul Wellstone, the late Senator

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.003 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S226 CONGRESSIONAL RECORD — SENATE January 11, 2017 from Minnesota, and Mr. Pete Domen- nut hole, saving 11 million seniors an In the area of behavioral health, as I ici, the retired Senator from New Mex- average of $2,127 on their prescription mentioned earlier, thanks to ico—Democrat and Republican—we drugs. They want to repeal that? ObamaCare, health insurance plans have included it in there. Senator STA- Thanks to ObamaCare, more than 30 now cover mental health and substance BENOW wants to make sure that what- States have expanded their Medicaid abuse disorders. The law extended pro- ever we write in the future is going to Program. People often forget that the tections under the Mental Health Par- cover mental illness and substance vast majority of money spent on Med- ity and Addiction Equity Act to 60 mil- abuse treatment. icaid is for seniors who are in an insti- lion Americans in private health plans. Facing mental illness challenges tutional or at-home-by-themselves set- This means that insurers can no longer across America, facing an opioid and ting. So when you cut Medicaid—and discriminate against individuals with heroin epidemic, we can do no less. Let people say that it must be the poor un- mental illness or addiction. me tell you a story about Lori Myers employed; it is—but the largest Our health care system now prohibits in Freeport, IL. She sent me a letter. amount of money is going to seniors— insurers from discriminating based on Here is what she said: mothers and fathers, grandmothers and preexisting conditions, including the 44 I am writing to ask you to fight to pre- grandfathers. million Americans with some history serve the ACA . . . it has literally saved our The Affordable Care Act has been of mental illness and 20 million with a daughter Brianne. good for kids across America. Between substance abuse disorder. Brianne has been insured through the ACA 2013 and 2015 we saw the largest decline When you repeal this, as the Repub- since its inception. . . . She has multiple of children uninsured in our Nation’s licans plan on doing, what will they re- health concerns and her prescriptions are modern history. Today, more than 95 place it with? What will they say to insanely expensive without insurance. percent of kids in America are insured. the families who have someone with a Lori writes: We ought to be proud of that. In Illi- mental illness or someone suffering It is imperative that she continue to have nois, there is a 40-percent decline in from a drug addiction? health coverage in order to remain a func- the number of children uninsured. Substance abuse and mental health tioning and productive adult. . . . She has Under our current health care system, disorders often present in young adult- excellent policies purchased through the children can now stay on their parents’ hood, and that is why the provision Marketplace—with BlueCross BlueShield, and she receives a subsidy to assist with plans till age 26, as I mentioned. that families can keep their kids on cost. The number of young adults ages 19 their plan is at the right time and the The increase in premium this year was off- to 25 without health insurance has de- right place for many young people. set by an increase in the subsidy. She is ac- clined by over 50 percent since we There is a long list of things that tually paying $20-$30 less for her policy this passed this bill. In Illinois, more than were done by the Affordable Care Act. year than she did last year for basically the 90,000 young people have signed up. It is one thing to campaign and say: We same coverage. Today, insurance companies are re- will repeal it. People cheer. And then Ms. Myers says: quired to cover important health care you ask yourselves: What are you The election of our incoming President and for children free of charge—vaccina- going to say, as some of the Republican the Republican-controlled Congress has our tions, vision checks, lead poison leaders have said, to the people who are family in a panic mode. Paul Ryan and com- screening. Of course, we ended the pre- going to lose this coverage, to the peo- pany want to take away programs that are existing condition provisions. The Re- ple who want their guarantees built assisting people: like Social Security, Medi- publicans want to repeal this. What into their health insurance plans? care, Medicaid, and healthcare. will they replace that with to protect I can still remember—and I will bet She makes this final plea: children and seniors? many watching this debate can too— I am asking you, as our elected official, to When it comes to women, because of the bad old days when you called up stand strong against any attempt to dis- ObamaCare, the uninsured rate for that adjuster for the health insurance mantle the Affordable Care Act and these adult women in America has declined plan that you owned and wondered how other extremely vital programs. by 44 percent. Today, women can no long you were going to sit on hold for What does it mean for seniors—the longer be charged more than men sim- the person on the other end and if the Affordable Care Act? ply because of their gender. Our health person on the other end would even be Well, the first thing it did was to care system now prohibits insurers able to comprehend what you were ask- start to contain the growth in health from discriminating based on pre- ing. care costs. That had a dramatic impact existing conditions. There was a time, These sorts of things don’t need to be on Medicare and its future. Because of literally, when health insurance com- returned as evidence that we are mak- the Affordable Care Act and the panies said being a woman is a pre- ing progress. If we go back to those bad changes it includes, which give to sen- existing condition. We are going to old days, it is a step in the wrong direc- iors, for example, free preventive charge you more. tion for millions of Americans. health exams and that sort of thing, Our health care system now ensures Madam President, I yield the floor. and because of prescription drugs now that women can get free preventive The PRESIDING OFFICER. The Sen- being covered so it does not come out health services. Before ObamaCare, 62 ator from Montana. of pocket for many seniors—because of percent of individual health plans did Mr. TESTER. Madam President, I am these changes and others—Medicare is not cover maternity or newborn care. not going to get into a lot of the things now financially solvent through 2028. Today, it is a requirement. that Senator DURBIN got into about in- ObamaCare, or the Affordable Care So when you talk about cutting the creasing the lifespan of Medicare or Act, added 10 years of solvency to cost of health insurance and that we issues that revolve around folks who Medicare. That is critically important. will just take off some of these bene- get charged more just because they are What happens when they repeal it? Be- fits, understand what you are doing. If a woman. But I do want to approach cause we slowed the pace of Medicare you take the basic maternity care out this health care debate from a stand- costs, seniors are now paying $700 less of a health insurance plan, and it is not point of how it is going to impact rural each year in premiums and cost shar- included and it is needed, that family America because it is going to impact ing, on average. Premiums are down, is going to have to bear that expense. rural America in a huge way. and Medicare solvency is up. We want If they can’t pay the bill—some won’t Before I start my prepared remarks, I to repeal that? be able to—who is going to pay for it? just want to say something. For the Our health care system now prohibits The hospital will deliver the baby and last 6 years, I have listened to folks insurers from charging seniors much send the mother and baby home happy stand on this floor and talk about re- higher premiums simply because of and healthy, I hope. But the cost will pealing health care, repealing health age. Seniors were often charged five be passed on to everyone else who care, repealing health care. Now the times what younger people paid for shows up at that hospital with a health folks on the other side of the aisle can health insurance—banned by the Af- insurance plan. That was the old days. do it if they want. But for the last 6 fordable Care Act. ObamaCare, as I Do the Republicans want to return to years, I have never seen a plan to re- mentioned earlier, closed this dough- that? place the Affordable Care Act, and I

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.004 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S227 still haven’t seen a plan. I am going to been traveling across that State, hear- America. Folks will not be able to live tell you that if we repeal this bill with- ing their stories, hearing their strug- there if they are over the age of 50 be- out a plan to replace it, we will have gles, hearing their successes. cause they will have no access to big, big problems in this country. And Just this weekend, a man stood up at health care. if we repeal this bill without a plan a public forum I was hosting in Mis- The Affordable Care Act has provided that increases accessibility and afford- soula and talked about how the ACA rural hospitals and clinics a level of ability across this Nation in urban and saved his life. He told me that he had certainty that, quite frankly, they rural and frontier areas, we will have a heart attack the previous week. He have never had before. Every day in big, big problems. was home and started having some rural communities, folks rely on their I have been visiting for the last— chest pains. He picked up the phone, local hospitals and clinics for every- well, it has been over a year but, more called his doctor—a doctor who he had, thing from basic checkups to emer- specifically, since the election, with thanks to the insurance he received gency treatments. I know. And as folks folks across rural America on the im- under the ACA. age, they have the peace of mind to pacts of repealing this health care bill. Luckily, he survived his heart at- know that they can visit their home- These are folks who work to feed our tack, was able to get the treatment he town provider without being forced to country, farmers and ranchers. These needed, and was able to come to my travel long distances. are folks who work with their hands to roundtable that I had in Missoula. He But if folks in Congress take us back manufacture products that have that told me: I know myself, if I did not to the old health care system, they put ‘‘Made in the USA’’ stamp on it. These have insurance, and I could not afford these local hospitals and clinics at ex- are folks who teach our children, who to get it without the ACA, I would not treme risk. help keep our families safe, who oper- have called the doctor, and I would Take Mineral County in Superior, ate retail businesses on Main Street. have died. As pointedly as that, he MT. The county is home to just over These folks, in my opinion, are the would have died. 4,000 people—not a lot by national backbone of this country. I have traveled around Montana. I standards but a lot by Montana stand- I am proud to be a product of that have found that this story is not ards—nurses, schoolteachers, construc- rural America, hailing from a town unique. I can take you to a coffee shop tion workers, all folks who want reli- with a population today of about 600 in Havre—population 8 to 10,000—where able access to affordable care. Accord- people, so I am not here talking about seniors have told me that they no ing to the Mineral County Hospital what is going on in Chicago or L.A. or longer have to choose between pre- CEO, a repeal of the ACA would mean New York or any of the other big cit- scription drugs and heating their a real loss to that community. The ies. I am going to talk to you about homes. hospital would be probably shutting its communities where you know your I can take you to the grocery store in doors. Without a hospital in that commu- neighbor; communities where you are Great Falls, where a man came up to nity, folks would be forced to travel driving down the street, and you see me and said: ‘‘I finally have peace of over 100 miles to deliver their baby or mind that I won’t lose my home if I get that pickup, and you know who is in take an expensive air ambulance ride, sick.’’ that pickup; folks who, when you go which is a whole other problem, for Or I can introduce you to my best down to the local grocery store, you emergencies that come down the pike, friend growing up in Big Sandy, who know their first name. These are towns like a broken arm. And if I am a new now lives in Seattle, who no longer can where often the hospital is the largest parent or senior, I will not be taking be denied coverage due to the fact that employer and it is the only source of that risk. I am going to be moving he has diabetes, a preexisting condi- health care, that foundation that keeps closer to a hospital. But there are a lot tion. families healthy. of folks who can’t afford to leave their These are real success stories and I am here to talk to you about how homes—in some cases, homesteads, real-life impacts across Montana and this Affordable Care Act has been so where their families have lived for gen- across this country. But rather than important to those families in rural erations—to move somewhere closer to build on the successes of the ACA and areas in States like mine. By the way, medical care. all of Montana is rural. fix the problems with the ACA, there I can tell you that in my small com- Today, more Montanans have health are folks in this body who want a full- munity, there are a lot of folks, who, insurance than ever before. That is un- scale repeal, ignoring any of the when they hit age 65, have to move to deniable. Folks are no longer denied progress that we have made. a bigger town to be able to have access coverage by insurance companies be- They want to go back to the old to the kind of specialty care they need. cause they have preexisting conditions health care system. And here is what You can move that age down to age 50 like diabetes nor are they forced to pay that would look like in Montana: if we lose these hospitals in these rural higher premiums because they have 152,000 Montanans with preexisting areas. These rural hospitals not only common ailments like high blood pres- conditions will be at risk of losing keep patients alive; they keep commu- sure. Children are able to stay on their their health care plans; 61,000 Mon- nities alive too. A repeal of the ACA— parents’ insurance policies for a time tanans enrolled in Medicaid—just in I am told by the hospitals—would kill until they finish their college career or the last year because that is when the those rural hospitals which, as I said launch lives of their own. Folks who Medicaid expansion actually went into before, would be another nail in the have life-threatening diseases like can- effect—will lose their health care cov- coffin of rural America. cer can now finish the treatments erage. Montana seniors will lose help Let’s take, for example, the Billings without hitting an arbitrary cap and paying for their prescription drugs. In- Clinic, which is Montana’s largest being kicked off their insurance plan. surers will be allowed to subject every health care provider. They are respon- Now they are required to be able to Montanan to lifetime and annual caps sible for innovating and providing crit- stay on it. And seniors can get out of on their coverage. And women will lose ical resources to rural areas through the prescription drug doughnut hole important protections that prevent things like telemedicine. But the Bil- faster, which was costing them mil- them from being charged more for cov- lings Clinic will not be able to make lions of dollars each and every year. In erage than men. this large-scale impact anymore if fact, since the ACA was signed into It doesn’t stop there, folks. Their their patients are no longer able to pay law, Montana seniors alone have saved plan to repeal health care coverage their medical bills because they lost $56 million in prescription drug costs without presenting a replacement their access to Medicaid, cost-free pre- and there is enough money in the bank, doesn’t just impact families. It will ventive care, or insurance from the as I said in my opening, to keep Medi- wreak damage on our rural hospitals marketplace. Repealing the ACA will care above water through 2028. and clinics too. restrict their ability to provide quality These reforms have made incredible I will tell you that if we lose these care and jeopardize their standing as a impacts on people in rural America. hospitals and clinics—and we all know pillar in Montana. But don’t just take my word for it; lis- how rural America is drying up—it is It is not just hospitals either. It is ten to everyday Montanans. I have another nail in the coffin of rural community health centers serving over

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.007 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S228 CONGRESSIONAL RECORD — SENATE January 11, 2017 100,000 Montanans every year, fully care. It is a debate about our economy, survived diseases like cancer are able one-tenth of our population. They are our growing deficit, the foundation of to keep seeing their doctors without at risk of losing 70 percent of their our rural communities. fear that their health insurance compa- Federal funding. The folks in this Congress who are nies will take it away, but too many Let me repeat: If health care progress pushing to repeal without a replace- people in this Chamber don’t seem to is repealed, the community health cen- ment will kick families off their health understand that consequence or seem ters in Montana will be at risk of los- insurance, close down rural hospitals to care about that consequence. After ing 70 percent of their Federal funding. and clinics, and add $9 trillion to the years of talking about it, some of my These devastating impacts are not debt if they succeed. colleagues now seem determined—even unique to Montana, but this is how it is Rather than go down this dangerous entitled—to take away this lifesaving going to play out across this country in path, I have a suggestion. Let’s roll up health care for millions of women. rural areas with hospitals and clinics— our sleeves and work in a bipartisan The election in November was not more uncompensated care, more trips manner to increase access and afford- about women’s health care. No one to the emergency room without insur- ability, to lower the cost of care, to came to Congress with a mandate to ance, more hospitals facing the grim bring down prescription drug prices. I take away women’s access to mammo- reality of having to close their doors. will tell you, I am willing to work with grams and cancer screenings, but now Oftentimes I wonder if it really mat- anyone: Republican, Democrat, Inde- we are one big step closer to once again ters to Congress. It looks as if they in- pendent, Libertarian, whoever wants to making it impossible for millions of tend to go through with their plan, have a serious conversation about im- American women to see a doctor when which will have devastating impacts on proving our Nation’s health care sys- they need to in order to access basic the patients, and, by the way, it will tem. But I am not going to allow folks medicine and reproductive health care have devastating impacts on their tax- in this body to take us back to the old services so they can live healthy, payers. days, the days when our friends and happy, productive lives. For some, Repealing this health care coverage families couldn’t afford to get sick. there is a very real risk that if they do without a replacement will add an ad- Members of the Senate, it really is get cancer or some other life-threat- ditional $350 billion—$350 billion—to time to listen to what is going on, on ening disease, they will have to declare the deficit and the debt over the next the ground. We have an opportunity to bankruptcy just to pay for the health 10 years, and this budget resolution build on the progress we have made, care they need. This is something we will saddle the next generation with an and work towards a bipartisan solution must stand together to stop. It will additional $9 trillion in debt over the that will work for the backbone of this show the American people that we un- next decade. country, the folks in rural America. derstand what is happening to them. You know, it is amazing. When I I yield the floor. The consequences are too real and too came to this body, there were folks The PRESIDING OFFICER (Mr. dangerous, and for too many families talking about the debt all the time. In TILLIS). The Senator from New York. the consequences are actually life or the last 2 years, I have heard little talk Mrs. GILLIBRAND. Mr. President, I death. about the debt. With the exception of rise in favor of amendment No. 82. This We should never go back to the days RAND PAUL, everyone who was sup- amendment would make it so anyone when insurance companies can tell a posedly a deficit hawk voted to in- in Congress trying to destroy the Af- woman: You are no longer economic for crease our deficit and debt by $9 tril- fordable Care Act would not be allowed us. We can’t make money insuring lion over the next decade. This would to touch women’s health care services. pregnant women. We cannot go back to push our total national debt to nearly I have been listening to my colleague the days where insurance companies $30 trillion by year 2026. I stand with from Montana and my colleagues in can tell a breast cancer survivor to go RAND PAUL on this one. Hamstringing this Chamber speak about health care elsewhere because their insurance costs the next generation with additional in our country, and after many hours, too much. I don’t think we can ever go debt is unacceptable, especially when I am worried there is a lack of concern. back to the days when insurance com- you are taking away their health care I am worried there is a basic lack of panies can simply charge women more coverage to boot. empathy of what is going to actually for the same plan than men. We should As folks try to jam this bill through not turn back women’s basic health Congress, I have barely heard a peep happen to millions of Americans, and I am particularly worried about what care rights. about this increase to the deficit. Oh, My amendment makes it very clear my, how times have changed. will happen to women and their chil- dren and their families. So I want to that the Senate would be forbidden The folks who are normally card-car- from directing the committees to cut spend a moment just talking about rying Members of fiscal restraint are funding for basic women’s health care what the ACA actually provides for now swiping the credit card of the next services. It would ensure that the wom- women and what actually will happen generation. I dare those Members to go en’s health care protections we put when it is no longer there. back home and tell their neighbors into the Affordable Care Act would I am very concerned that we are that you are going to take away their stay there and women would have ac- barely 1 week into the new Congress health coverage, and, oh, by the way, cess going forward. It protects vital and too many of my colleagues have al- you are going to add about $9 trillion services such as disease screenings and ready made it clear that their most ur- to the debt too. Try to do that with a comprehensive reproductive care that gent priority this year is to take our straight face. millions of women in my State rely on. I will be the first to tell you that the country back to its darker days when If my colleagues destroy the Afford- ACA isn’t perfect. I have heard that women could be denied coverage and able Care Act, it will have real, direct, also in my travels across Montana. charged higher health care premiums and painful consequences for a lot of Costs have gone up. Premiums are ris- just because they are women. I am out- women and the families who love them. ing. Many hard-working middle-class raged by this, and I stand with millions I think it would be what we call the ul- families cannot afford health care. of American women and men, moms timate overreach by Congress, and it That is unacceptable. So we ought to and dads, sons and daughters who are would take years to fix. do something about that. outraged too. The Affordable Care Act I urge my colleagues to not let these Let’s tackle rising premiums. Let’s uniquely gave women access to health protections be taken away from Amer- hold health insurance and drug compa- care on a level that was unprecedented. ican women and their families, and I nies accountable. Let’s put patients be- In fact, 9.5 million more women now urge my colleagues to join me in sup- fore profits. But I am telling you, re- have access to basic health care be- porting this very simple amendment. pealing all the progress we have made cause of that law. I yield the floor. will not do that. We need to build on In my State alone, thanks to the Af- The PRESIDING OFFICER. The mi- the successes we have had in the last fordable Care Act, women can now nority leader. few years, not tear them down. have access to contraceptive care, can- Mr. SCHUMER. First, Mr. President, Members of this body, quite frankly, cer screenings, and mammograms. Mil- let me thank my dear friend and col- this is not just a debate about health lions of women who were pregnant or league from New York, not only for her

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.008 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S229 great remarks today and her amend- able. Up north in the Arctic things got Government-backed mortgage giant ment but for her passion, intelligence, bizarre. Thermometers spiked in mid- Freddie Mac is girding for broad losses and success in fighting for equality for November to almost 35 degrees Fahr- from climate-driven flooding. ‘‘The women. I very much appreciate those enheit warmer than normal, with a 37- economic losses and social disruption efforts. year low in the nearby sea ice. The may happen gradually,’’ it wrote in an SENATOR BOOKER’S TESTIMONY BEFORE THE peaks were about 50 degrees above nor- April 2016 report, ‘‘but they are likely JUDICIARY COMMITTEE mal, and around Christmas it actually to be greater in total than those expe- Right now Senator BOOKER, my rose above freezing at the North Pole. rienced in the housing crisis and Great friend from New Jersey, is beginning Imagine, the snow was actually begin- Recession.’’ his testimony before the Judiciary ning to melt at the North Pole just as Let me say that again. The economic Committee. Senator BOOKER sought to Santa was loading his sleigh with losses ‘‘are likely to be greater in total testify before this panel, and it was un- Christmas gifts. than those experienced in the housing precedented. My friend Senator BOOKER In the tropics, undersea forests of crisis and Great Recession.’’ is a leading voice, not just in this cau- once colorful coral stood bone white as The report says some of the effects of cus but in this body, on civil rights and the Great Barrier Reef experienced the climate change may not even be insur- so many other issues. He speaks with a greatest bleaching and coral die-off on able and, unlike our 2008 housing crash, passion and eloquence and intelligence record. What happens is that the owners of homes that are subsumed by on these topics and with a knowledge superwarm water stressed the corals. rising seas would have little expecta- and depth from which we all benefit. That forces them to expel the tiny tion of their homes’ values ever return- I regret that a sitting U.S. Senator algae that lives symbiotically with the ing and, therefore, little incentive to has to fight to earn the right to speak coral, providing them their food, and continue to make mortgage payments at the Judiciary hearing on Thursday, that is what gives coral reefs their through the crisis, and that, in turn, and I regret the manner in which he beautiful color and their life. When the adds to steeper losses for lenders and was treated—he and his colleagues algae go, the coral structures turn insurers. from the House—being placed on the ghostly white. They often do not re- Remember that Donald Trump last panel today. Traditionally, Sen- cover. signed, along with his children, this ators want to speak early on. That was It is not just the Great Barrier Reef. full-page ad in the New York Times in the case, and I am glad he is testifying. My clips today included a story from 2009. Here is what it said, speaking as He is speaking right now, and I would Japan, whose biggest coral reef has Americans: urge my colleagues and all of America just been determined to be 70 percent [W]e must embrace the challenge today to to tune in and watch because what dead. ensure that future generations are left with Senator BOOKER has to say will be very The researchers in Australia found a safe planet and a strong economy. . . . important for all of us to hear. severe bleaching throughout the Great He said to the President in this ad- I thank the Presiding Officer, and I Barrier Reef. The Guardian reported in vertisement: yield the floor. March that ‘‘93 percent of the 3,000 in- We support your effort to ensure meaning- I suggest the absence of a quorum. dividual reefs [had] been touched by ful and effective measures to control climate The PRESIDING OFFICER. The bleaching, and almost a quarter . . . change, an immediate challenge facing the clerk will call the roll. [had] been killed by this bleaching United States and the world today. The legislative clerk proceeded to event.’’ It went on: call the roll. By November, around two-thirds of Please don’t postpone the earth. If we fail Mr. WHITEHOUSE. Mr. President, I the northern portion of the Great Bar- to act now, it is scientifically irrefutable— ask unanimous consent that the order rier Reef had died, with some atolls Let me repeat his words— for the quorum call be rescinded. suffering complete devastation. Warm- scientifically irrefutable that there will be The PRESIDING OFFICER. Without ing is at the heart of that catastrophe. catastrophic and irreversible consequences objection, it is so ordered. We also know from the physical laws for humanity and our planet. CLIMATE CHANGE of thermal expansion that as ocean That is what Donald Trump and his Mr. WHITEHOUSE. Mr. President, I water warms, it does something else. It family said in a 2009 ad, ‘‘catastrophic have crossed through and beyond 150 expands. The oceans also are taking in and irreversible.’’ ‘‘Time to Wake Up’’ speeches. People melting water from our shrinking gla- We have been warned. sometimes ask me how I come up with ciers. Together, those factors are caus- President-Elect Trump also pledged the material. It is actually easy, even ing sea levels to rise worldwide. Last to ‘‘drain the swamp’’ here in Wash- week after week after week, because it year, the Proceedings of the National ington of corporate insiders and special only takes reading the news. If we look Academy of Sciences predicted that at interests. But we don’t see that. We see back at the headlines and dubious our current pace, over 90 percent of the an alligator pack of climate deniers, milestones of 2016, we find plenty to world’s coastal areas will experience oil executives, and Koch brothers talk about. almost 8 inches of sea level rise by 2040. flunkies nominated to fill his Cabinet, Last year was hot. NASA and NOAA Year 2040 is not that far away. On the his White House, and his executive are expected to certify later this Atlantic coast of the United States, it agencies. month that 2016 was the hottest year in will be more than 15 inches. By 2040, a The Koch brothers, Exxon, and other recorded history, exceeding the pre- house that you bought on the coast special fossil fuel interests stand on vious record set by 2015 and the pre- today could be literally underwater be- one side. On the other side stand our vious record set by 2014. What this fore you paid off your 30-year mort- military, our National Labs, and means is, 2014, 2015, and 2016 have each gage. The real estate business is start- NASA. succeeded the last as the three hottest ing to take notice. Let me put in a little footnote on years on record. Zillow, the online real estate mar- NASA. They have a rover driving The United Nations World Meteoro- ketplace, has released a tool for users around on the planet Mars right now. logical Organization found that the to show how potential sea level rise by Do you think their science might be world was 1.2 degrees Celsius or over 2 2100 would affect the over 100 million OK? And, on the other side, also, I degrees Fahrenheit warmer in 2016 U.S. homes in its database. Around 1 in think, is every university in the United than it was before the Industrial Revo- 50 homes in the United States, or just States of America. That is the choice: lution and the dawn of wide-scale fossil under 2 million properties, will find The fossil fuel guys, led by the Koch fuel use. their ground floors underwater by 2100 brothers and ExxonMobil, and the We are careening closer and closer to if we don’t get ahead of this. Thirty-six whole array of phony baloney front the 2-degree Celsius mark which sci- U.S. cities would be considered ‘‘com- groups that they have stood up to try entists say brings, to quote Donald pletely lost’’—those are their words— to mask their hand, or the virtually Trump in 2009, ‘‘catastrophic’’ and ‘‘ir- ‘‘completely lost,’’ and another 300 cit- complete science establishment of the reversible’’ climate effects. ies would lose at least half their world, every Nation, our military, our In 2016, climate change continued to homes. This doesn’t even include com- National Labs, and all of our univer- make some places almost unrecogniz- mercial or public properties. sities. Who are you going to believe?

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.009 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S230 CONGRESSIONAL RECORD — SENATE January 11, 2017 The ones with the huge conflict of in- Closing word: Secretary of State tive Minds LLC, Addenda Capital, adidas terest or the people who know what Kerry, in addition to providing great Group, Adobe, Inc., Aegis Renewable Energy they are talking about? leadership through this, has also start- Agrarian Ales, AjO, Akamai Technologies, Well, too many people in this room Inc., Allagash Brewing Company, Allianz, ed doing something that I know is pre- Allumia, AlphaFlow, Inc., Alta Ski Area, have made the wrong choice, but we cious to him and that is important to Altiz Orchard, Amalgamated Bank, AMD, need to fix it. me and many of our colleagues; that is, Ameresco, Inc., American Outdoor Products, In Rhode Island, some good things to give oceans the global attention Inc., Amherst College, Amicus GBC, LLC, happened last year. After over 8 years they deserve. In September, more than Anchor, Ankcrom Moisan Architects, Annie of work, we have the Nation’s first off- 90 countries convened here in Wash- Card Creative Services, Annie’s, Inc. Anthe- shore wind farm. Thirty megawatts, ington for the Our Ocean Conference. sis Group, Anthropocene Institute, Apricus five turbines came online in December Nations, nonprofit organizations, foun- Inc., Arapahoe Basin, Artemis Water Strat- egy, As You Sow, Aslan Brewing Company 2016—the Block Island Wind Farm. I dations, and big corporations all came LLC, Aspen Brewing Company, Aspen Skiing am proud of Deepwater Wind for get- together pledging over $5 billion for Company, Athena Sustainable Materials In- ting it done. I am proud of Rhode Is- marine conservation and committing stitute. land for establishing a process for to protect more than 1.5 million square Athens Impact LLC: Socially Responsible siting an approval that is now a na- miles of ocean. Secretary Kerry se- Financial Services, Auralites Inc., Aurental tional model. It is part of a trans- cured the legacy of the Our Ocean Con- Consulting, Autodesk, Inc., Aveda, Avery formation that happened, emphasized Dennison, Azzad Asset Management, Bald- ference by locking in hosts for the con- win Brothers Inc., Beautycounter, Belay in 2016, and that was jobs in the renew- ference for the next 3 years. Technologies, Inc., BELKIS Consulting, LLC, able energy industry taking off. So 2016 was a year of worsening cli- Ben & Jerry’s Homemade, Inc., Bent Paddle At the end of 2016, we had 400,000 mate effects but also of heartening cli- Brewing Co., Bergsund DeLaney Architec- wind and solar jobs, and by 2020, that mate action. The dramatic changes ture & Planning, Bespoken Corporate Com- number is expected to be 600,000. As taking place in the Earth’s climate are munications, Big Kid Science, Big Path Cap- employment climbs in these industries, now undeniable, but so is the growing ital, Biodico, Biogen, Inc., Biohabitats, Inc, costs for renewable technologies con- spirit of action among men and women BioJam Industrial Research & Development Global, Inc., Biosynthetic Technologies, tinues to drop compared to fossil fuels. of good conscience across the United BKW III, LLC, Blackthorne S&D Consulting, Last year we saw new records for States and around the world. One can Blogs for Brands, Blue Cross Blue Shield of electricity generation from renewable hope that 2017 will be the year when we Massachusetts, Blue Moon Wellness, Blue sources. Texas wind generation hit a in this Chamber finally wake up. Mountain Solar Inc., Boardwalk Capital record 15 gigawatts in December of last There being no objection, the mate- Management, Bora Architects, Boreal Moun- year, meeting 45 percent of the State’s rial was ordered to be printed in the tain Resort/Woodward Tahoe/Soda Springs Ski Resort, Borst Engineering & Construc- power needs, with 18,000 megawatts in- RECORD, as follows: stalled and another 5,000 megawatts tion LLC, Boston Common Asset Manage- BUSINESS BACKS LOW-CARBON USA ment, Bowling Green LLC, Box Digital under construction. DEAR PRESIDENT-ELECT TRUMP, PRESIDENT Media, BR+A Consulting Engineers, Breate In Iowa, MidAmerican Energy is OBAMA, MEMBERS OF THE US CONGRESS, AND New Hampshire, Breathe Deep, Brewery Vi- planning to add 2,000 megawatts of new GLOBAL LEADERS: vant, Brit + Co, Broadside Bookshop, Buglet wind by 2019. Once installed, 85 percent We, the undersigned members in the busi- Solar Electric Installation, Bump’n Grind, of the energy MidAmerican generates ness and investor community of the United Bunk House at ZION Bed & Breakfast, Bur- will be renewable. States, reaffirm our deep commitment to ad- ton Snowboards, Business Wisdom, C+C, CA We continued to make real progress dressing climate change through the imple- Technologies, Califia Farms, California internationally in 2016 as well. Earth mentation of the historic Paris Climate State Teachers Retirement System, Calvert Agreement. Investments, Calypso Communications LLC. Day was the signing ceremony for the We want the US economy to be energy effi- Cambridge Energy Advisors, Campbell historic Paris climate agreement. cient and powered by low-carbon energy. Soup Company, Carbon Lighthouse, Carolina Nearly 200 nations pledged to reduce Cost-effective and innovative solutions can Biodiesel, LLC Catalyst Paper Corporation, their greenhouse gas emissions. By Oc- help us achieve these objectives. Failure to Catalyze Partners, CDI Meters, Inc., CEO tober, we met the threshold for ratifi- build a low-carbon economy puts American Pipe Organs/Golden Ponds Farm, Cerego, cation of that agreement, when over 55 prosperity at risk. But the right action now CEVG, Charge Across Town, Che Qualita En- countries officially joined, and the will create jobs and boost US competitive- terprises, Inc., Cheryl Heinrichs Architec- agreement was fully adopted in Novem- ness. We pledge to do our part, in our own ture, ChicoEco, Inc DBA ChicoBag Company, operations and beyond, to realize the Paris Christopher Reynolds Foundation, City ber. Agreement’s commitment of a global econ- Brewery, Clean Agency, Clean Edge, Inc., Just this week, over 630 companies omy that limits global temperature rise to Clean Energy Collective, Clean Energy In- and major investment firms, with a well below 2 degrees Celsius. vestment Management, Clean Technology combined 1.8 million employees and We call on our elected US leaders to Partners, LLC, Clean Yield Asset Manage- $1.15 trillion in annual revenue, called strongly support: ment, CleanCapital, Clear Blue Commercial, on President-Elect Trump, us in Con- 1. Continuation of low-carbon policies to Clif Bar & Company, Climate Coach Inter- gress, and global leaders to continue to allow the US to meet or exceed our promised national, LLC, Climate First!, Climate participate in and implement the Paris national commitment and to increase our Ready Solutions, Cloudability, Coelius Con- nation’s future ambition sulting, Coerver Analytics, LLC, Columbia Agreement to ‘‘create jobs and boost 2. Investment in the low carbon economy Green Technologies, Columbia Sportswear U.S. competitiveness.’’ at home and abroad in order to give financial Company, Community Capital Management, This is the business community say- decision-makers clarity and boost the con- Inc., Confluence Sustainability, Congrega- ing that the Paris Agreement will cre- fidence of investors worldwide tion of Sisters of St. Agnes, Congregration of ate jobs and boost U.S. competitive- 3. Continued US participation in the Paris St. Joseph, Connecticut Retirement Plans ness. Agreement, in order to provide the long-term and Trust Funds, CONTEMPL8 T-SHIRTS Signatories included food giants Gen- direction needed to keep global temperature LLC, Cool Energy, Cooper Spur Mountain ° eral Mills, Kellogg’s, Campbell’s Soup, rise below 2 C Resort, Copper Mountain Ski Resort, Implementing the Paris Agreement will and Mars; apparel companies VF Cor- Copyrose Marketing & Communications, enable and encourage businesses and inves- Cornerstone Capital Group, Craft Brew Alli- poration, Nike and Levi’s; and other tors to turn the billions of dollars in existing ance, Creekwood Energy Partners, Crystal corporate heavy weights like Mon- low-carbon investments into the trillions of Mountain, CTA Architects Engineers, Curren santo, DuPont, Intel, and Johnson & dollars the world needs to bring clean energy Media Group, Cyclone Energy Group, Johnson. and prosperity to all. Dahlman Ranch, Inc., Dana Investment Ad- Mr. President, I ask unanimous con- We support leaders around the world as visors, Dannon Company, Inc. sent that the ‘‘Business Backs Low- they seek to implement the Paris Agreement Daughters of Charity, Province of St. Lou- Carbon USA’’ letter be printed in the and leverage this historic opportunity to ise, DBL Partners, Deep Green Inc, Deer Val- tackle climate change. ley Resort, Dehn Bloom Design, Deschutes RECORD at the conclusion of my re- 22 Designs, 3P Partners, 3Sisters Sustain- Brewery, Detour, Dignity Health, Distance marks. able Management, LLC, 475 High Perform- Learning Consulting, Do Good Investing, I sure hope President-Elect Trump ance Building Supply, 900 Degrees Neapoli- LLC, Domini Social Investments LLC, Do- will heed this call from the leaders of tan Pizzeria, Abt Electronics, Abundance minican Sisters of Mission San Jose, Domin- the business community. Food Coop, Acer America Corporation, Ac- ican Sisters of Peace, Dominican Sisters of

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.011 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S231 San Rafael, Dominican Sisters of Sparkill, Lyft, M.A. Mortenson Company, Mammoth Wisconsin, Sisters of St. Francis of Philadel- Drew Maran Construction, Inc., DuPont, Du- Mountain and, June Mountain, phia, Sisters of St. Joseph, Sisters of St. Jo- rango Compost Company, Eaglecrest Ski ManpowerGroup, Mars Incorporated, seph of Boston, Sisters of the Humility of Area, Earth Friendly Products (ECOS), Maryknoll Sisters, Mazzetti + GBA. Mary, Sisters of the Precious Blood, Sisters EarthKind Energy, Earthshade Natural Win- Melina/Hyland design group, Mennonite of the Presentation of the BVM, Sisters of dow Fashions, Ebates, eBay, Echo Credits, Education Agency, Mercatus, Inc., Merck the Sacred Heart of Mary WAP, Skibutlers, Echo Mountain, Eco-Products, Ecogate, Family Fund, Mercury Press International, Smarter Shift Inc., SMMA, Snake River EcoPlum, ecoShuttle, Ecosystems Group, Mercy Health, Mercy Investment Services, Brewing Co., SNOCRU LLC, Snow King Inc, Eighty2degrees LLC, EILEEN FISHER, Michael W. Grainey Consulting LLC, Mid- Mountain Resort. Eleek, Inc., Elephants Delicatessen, west Capuchin Franciscans, Mightybytes, Snowbird Resort, Sol Coast Consulting & Ellenzweig, Emerger Strategies, Empower- MILLC, Miller/Howard Investments, Design, LLC, SolAire Homebuilders, Solar ment Solar LLC, Endosys, Energy MindEase Billing, Minerva Consulting, Mis- Concierge, Solar Design Associates, Optimizers, USA, Entercom Communications sion Cheese, Mobile Data Labs, Mondele¯z SolarCity, Solberg MFG, Solitude Mountain Corp., Environment & Enterprise Strategies, International, Monsanto Company, Montanus Resort, Sonen Capital, South Salem EOS Climate, Epic Capital Wealth Manage- Energy, Moore Capital Management, Cycleworks, SouthStar Capital LLC, ment, Eskew+Dumez+Ripple, Espresso Parts MooreBetterFood, Mount Bohemia, Moun- SPEEDILICIOUS LLC, Spruce Finance, LLC, Essex Timber Co. LLC, Ethical Mar- tain Gear, Inc., Mountain High Resort, Squaw Valley/Alpine Meadows Ski Resort, kets Media Certified B Corp., ETM Solar Mountain Rider’s Alliance, LLC, Mountain LLC, Staples, Inc, Starbucks Coffee, Works, Eva Realty, LLC, Everence & the Rose Herbs, mphpm design, Mt. Hood Mead- Startworks Ventures, LLC, Starvation Alley Praxis Mutual Funds, Exact Solar, ows, Mulago Foundation, MyFlightbook, Na- Farms, State of Maryland Treasurer’s Office, Fairhaven Runners, Inc., Faller Real Estate, tional Foundry, National Ski Areas Associa- Stevens Pass Mountain Resort, Stitch, Felician Sisters of North America Inc., Lead- tion, Natural Habitat Adventures Natural In- STOKE Certified, StoneWork Capital, ership Team, Fetzer Vineyards, Fiberactive vestments, Neighborhood Sun, Neil Kelly, Stonyfield, Strategic Carbon LLC, Strategic Organics. Nettleton Strategies, New Belgium Brewing, Imperatives Inc., Strong Brewing Co., Filtrine Mfg. Co., First Affirmative, Finan- New Horizon Financial Strategies, New York StudentVox, Stumptown Coffee Roasters, cial Network, Flink Energy Consulting, FOG City Comptroller’s Office, New York State Sugarbush, Sundance Mountain Resort, Pharmaceuticals, Inc., Four Twenty Seven, Common Retirement Fund, NIKE, North SunEx Solar, Sungevity, Sunsprout Farms, Franciscan Sisters of Allegany, NY, Fremont Highland Worldwide Consulting, North Ridge SustainAbility, Sustainability and Impact Brewing, Friends Fiduciary Corporation, Fu- Investment Management, North Sound En- Investing Group, Rockefeller Asset Manage- ture Energy Enterprises, LLC, Gale River ergy Remodel, LLC, NorthFork Financial, ment, Sustainability Roundtable Inc., Sus- Motel, LLC, Gap Inc., Garmentory Inc., LLC, NorthStar Asset Management, Inc., tainability Solutions LLC, Sustainable Ac- Gauthereau Group, GCI General Contractors, Northwest Coalition for Responsible Invest- tion Consulting PBC, Sustainable Business Genentech, Inc., General Mills, Inc., Gerding ment, Nurx, Oasis Montana Inc., Octagon Consulting, Sustainable Capital, Sustainable Edlen, Gerding Edlen Development, Builders, Office of the General Treasurer of Food Trade Association, Sustainable Health Gladstein, Neandross & Associates, Rhode Island, OgreOgress productions. Solutions, Inc. Globetrans EC, GO Box, Going Beyond Sus- OhmConnect, OLAVIE, Old Bust Head Sustainable Insight Capital Management, tainability, Good Company, Good Energy Brewing Company, Omnidian, Inc., On Belay Sustainable Island Products, Sustainable Guild, Goodmeetsworld, Granlibakken Man- Business Advisors Inc, Oregon State Treas- Manufacturing Consulting, Sustainable agement Company, Green Alliance, Green urer, Organically Grown Company, Orion Re- North Bay, SustainableBusiness.com, Century Capital Management, Green Ham- newable Energy Group, Our Earth Music, Sustrana, SVT Group, Swift Foundation, mer, Green Heron Tools, LLC., Green Pod Inc., Outdoor Industry Association, Outdoor Symantec Corporation, Synapse Inter- LLC, Green Star, GreenBeams, LLC, Project, Outerknown, Owens Business & national, T2 Energy, Taos Ski Valley, Inc., GREENPLAN Inc., Greentown Labs, Hacken- Cnsltg., Llc., Pacific Gas and Electric Com- Teak Media + Communication, Tech Net- sack Meridian Health, Hammerschlag & Co. pany, Page, Parnassus Investments, Pata- works of Bostoon, Terra Alpha Investments LLC, Hanging Rock Animal Hospital, Inc., gonia, Pax World Funds, Payette, LLC, Terrapin Bright Green, TerraShares, Hannon Armstrong, Happyfamily, PeopleSense Consulting, Pepper Sisters, Inc., Tesla, Tetra Pak, Tevlin Strategic Commu- Hello!Lucky, Hemp Ace International LLC, Perkins+Will, Pitchfork Communications, nication, The Alchemist Brewery, The Hewlett Packard Enterprise, High Plains Ar- Planet Cents, PlanGreen, PLC Repair, Port- Brainerd Foundation, The George Gund chitects, PC, Hilton, HJKessler Associates, folio Advisory Board, Adrian Dominican Sis- Foundation, The Green Engineer, Inc., The Holiday Valley Resort, Horse & Dragon ters, Portland Consulting Group, Pres- Green Suits, LLC, The Hartford, The Hivery, Brewing Company, House Kombucha, HP byterian Church U.S.A., Priests of the Sa- The Lion Company, Inc., The McKnight Inc., ICCR (Interfaith Center on Corporate cred Heart, Prisere, Projector.is, Inc., Foundation, The North Face, The Pension Responsibility), Ideal Energy Inc, IDEAS For Proterra, Inc., Pure Strategies, Inc., Quest, Boards—United Church of Christ, Inc., The Us, IKA North America Services, LLC, Im- Quri, RADAR, Inc., Re-Nuble, Inc., Rec- Pretenders, The Refill Shoppe, Inc., The Rus- pact Bioenergy, Inc., Impax Asset Manage- reational Equipment, Inc., Region VI Coali- kin Group, The Spotted Door, The Stella ment. tion for Responsible Investment and Sisters Group, Ltd.The Sustainability Group at Independence Solar, Indow, Infer Energy, of the Humilityof Mary, ReGreen Inc., Loring, Wolcott & Coolidge, The Tofurky Innovative Power Systems, Inntopia, INTE- RenewWest, Reynders, McVeigh Capital Company, Thinkshift Communications, GRAL GROUP, Intel Corporation, Management, LLC, Reynolds Foundation, Third Partners, Thornton Tomasetti, Three IntelliparkUS, Inc., Interdependent Web Rivermoor Energy, RL Investments, Rock- Corners Capital, Thriving Solar, Throwback LLC, Interface, Intersection, Intex Solu- ford Brewing Company, Room & Board INC, Brewery, Tiffany & Co., Timberland, tions, Inc., ISOS Group, iSpring, Itty Bitty Roots Realty, Royal DSM, RPM Bank, Toad&Co, TransPower, TransUNImission, Inn, Jackson Hole EcoTour Adventures, Ruffwear, Rune’s Furniture and Carpet, Inc, Trap Door Brewing, TreeZero, Tri-State Jackson Hole Mountain Resort, Jacoby Ar- Rutherford + Chekene, s2 Sustainability Coalition for Responsible Investment, Tril- chitects, Jantz Management LLC, JF Consultants. lium Asset Management LLC, Trinity Pontzer, LLC, JGE Global LLC, Jiminy Peak Salesforce.com, Sarah Mae Brown Con- Health, Triple Ethos, TripZero, Triskele Col- Mountain Resort, LLC, JJ McNeil Commer- sulting LLC, Saris Cycling Group, Sasaki As- laborative, Truck Trike, Tsoi/Kobus & Asso- cial, JLens Investor Network, JLL, JMJ Con- sociates, Saunders Hotel Group, Savenia, ciates, UltraCell Insulation, Unilever, Uni- struction Group, Johnson & Johnson, Jona- Schneider Electric, School Sisters of Notre tarian Universalist Association, Unitarian than Rose Companies, Joule Energy, JSA Fi- Dame Cooperative Investment Fund, Universalist Service Committee (UUSC), nancial Group, JTN Energy, Jupiter Alu- Scoville Public Relations, SEA Builders United Church Funds, United Natural Foods minum, Just Business, Justice Commission LLC, Sealed Air Corporation, Seattle City Inc. of the Sisters of the Presentation of the Light, Sefte Living, Seismic Brewing Com- Urban Fabrick, Inc., US Green Building Blessed Virgin Mary, Aberdeen, SD, K2 pany, SEIU Staff Fund, Servants of Mary, Council, Vail Resorts, Vans, Velasquez Fam- Sports, Kayak Media, Kellogg Company, Seventh Generation, Seventh Generation ily Coffee, Verde Brand Communications, KERBspace, Kirksey Architecture, KL CRI, SharePower Responsble Investing, Inc., Veris Wealth Partners, Veritas Technologies, Felicitas Foundation, Kleynimals, Kostis SheerWind, Sheng Ai International,LLC, Vermont Energy Investment Corporation, Kosmos Inc., Krull & Company, Kuity Corp., Shift Advantage, Sidel Systems USA Inc., VF Corporation, Vibes, Vigilent, Violich L’Oreal USA, Law Office of Nancy D. Israel, Sierra Club Foundation, Sierra Energy, Si- Farms, Virgin, Virginia Mason Health Sys- Lazarus Financial Planning, LLC, Le Pain erra Nevada Brewing Co., Sierra Real Es- tem, Vision Realty & Management, VISIONS Quotidien, Leadership Team Sisters of St. tate, Sigma Capital, Silicon Ranch Corpora- Service Adventures, Visual Stream Produc- Francis of Tiffin, OH, Levi Strauss & Co., tion, Sisters of Bon Secours USA, Sisters of tions, Inc., VMware, Vulcan Inc., Walden LifeWise Community, Liftopia, Inc., Charity of Leavenworth, Sisters of Charity Asset Management, Walden International, LightWave Solar, Linear City Concepts, of New York, Sisters of Charity, BVM, Sis- Wall Law, LLC, Watermen Investments, LiveNeighborly, Livingston Energy Innova- ters of Saint Francis, Rochester, Minnesota, webShine, LLC, Welch Village Ski Area, Inc, tions, Locksley, Inc., Long Wind Farm, Sisters of Saint Joseph of Chestnut Hill, Wespath Benefits and Investments, Wetherby Lookout Pass Ski & Recreation Area, Louis Philadelphia, PA, Sisters of St. Dominic of Asset Management, Whitney Inc., Wild Joe*s Berger U.S., Lutsen Mountains Corporation, Caldwell, Sisters of St. Dominic, Racine, Coffee Spot, Win Before Trial, Windham

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.002 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S232 CONGRESSIONAL RECORD — SENATE January 11, 2017 Mountain Resort, Winkler Development Cor- Colorado Division of Insurance can- them with the financial relief they de- poration, Wisp Resort, Woodsong Property celed an additional nearly 250,000 plans serve and the health care we know we Renovation Partners. LLC, Workday, for the same reason. can put together. WorkTurbo, Worthen Industries, WR Con- Again in 2015, Coloradans were made Broken promise No. 3 of the Afford- sulting, Inc., Wynkoop Properties, LLC, abruptly aware of the failures of able Care Act was the menu of options Xylem Inc., Yodsampa Consulting, Zaurie Zimmerman Associates, Inc., Zero Waste So- ObamaCare when another 190,000 more that was promised—the choices that lutions, Zevin Asset Management, ZipPower. plans on the individual and small group the Affordable Care Act would bring to Note: Signatories in bold > $100 million an- market were canceled. In total, accord- the marketplace. President Obama nual revenues. ing to the Congressional Research promised Americans that a greater Mr. WHITEHOUSE. Mr. President, I Service, over 750,000 health insurance choice and a menu of options to choose yield the floor. plans were canceled in Colorado be- from would be right around the corner The PRESIDING OFFICER. The Sen- tween 2013 and 2015. as a result of the Affordable Care Act, ator from Colorado. The promise that if you like your but Coloradans again found out that Mr. GARDNER. Mr. President, I health care plan, you can keep it was wasn’t true. Of the 64 counties in Colo- come to the floor today to discuss the so bad—that promise was so broken— rado, 14 counties have only one carrier continued broken promises of that the fact-checking organization to choose from and 29 counties have ObamaCare—the Affordable Care Act— PolitiFact named it the ‘‘Lie of the only two plans for the year 2017 on the that passed in the most partisan of Year’’ for 2013. PolitiFact didn’t really individual market. We can see the fashions several years ago, and to dis- need to name it the ‘‘Lie of the Year,’’ plans right here. That is the western cuss the process by which we are put- because over 750,000 people in Colorado part of Colorado that I was talking ting together a repeal-and-replace got a letter in the mail telling them it about seeing such high premiums—77 package and the pieces we will be vot- was a lie. percent and a higher percentage next ing on tonight and over the next sev- Broken promise No. 2 from year. Here, we can see counties with eral weeks and months. ObamaCare: Americans were told that only two carriers to choose from, and ObamaCare’s failures are simple. The the Affordable Care Act would reduce 14 counties only have one to choose promises that have been broken are costs for families, businesses, and our from. clear. While partisan supporters of the government. In fact, President Obama So the President’s signature health administration’s plan continue to pro- said that under his new health care care law failed in this respect to create mote the success of this poorly con- law, a typical family would save up to the menu of options, but it did succeed ceived law, Coloradans know far better. $2,500 a year on premiums by the end of in creating monopolies. Time and again, hundreds of thou- his first term. Look it up on video, on President Obama also insisted that sands of Coloradans have felt the con- YouTube. However, hit with the rising competition would increase through sequences of the Affordable Care Act in costs, Coloradans became acutely consumer-run coops. The Federal Gov- their pocketbooks, in their workplaces, aware this too was yet another broken ernment spent a great deal of money to in their doctor’s offices, and in the promise. Statewide, premiums in Colo- prop up the consumer coops and to choices they have for health care. The rado will rise by 20.4 percent on aver- make sure they had the marketing in past 6 years have been marred by high- age for plan year 2017 on the individual place. Over 80,000 Coloradans felt the er costs, fewer choices, and less com- market. That number is even higher in impacts of this broken promise when petition in Colorado and across the Na- some of the more rural areas, like the the Colorado health coop was declared tion. Western Slope of Colorado. Where is to be insolvent by Colorado insurance It is now time that we stand up for the Western Slope? That is what most commissioner Marguerite Salazar. the American people to restore reliable people think of when they think of Col- Eighty thousand people had their in- and stable health care, as well as orado, an area with mountains, forests, surance coops declared insolvent be- health care markets and insurance and great beauty. That area has been cause of the poor Affordable Care Act markets, and to undo the damage done harder hit than many areas across the law. to our health care by the failed law country with higher premium in- Not only did the failure of this prom- known as ObamaCare. creases. ise leave 80,000 people scrambling to Let’s just review the broken promises A year prior to this next plan year, in find coverage, but it forced the coop to we have seen—not just a broken prom- 2016, the Colorado Division of Insur- default on its Federal startup loan, val- ise that the President himself made to ance found that premiums on the indi- ued at an estimated $72 million. So the American people but broken prom- vidual market rose a whopping 25 per- 80,000 people were out of coverage be- ises echoed by the partisan supporters cent on the Western Slope, plus the cause of the failure of the Affordable of ObamaCare. President Obama as- higher than 20 percent premium in- Care Act, and $72 million went out of sured the American people over 35 creases. the American taxpayers’ pockets be- times: Don’t worry about ObamaCare One woman living in Colorado on the cause of the Affordable Care Act— because if you like your plan, then you Western Slope saw her premium rise money the American taxpayers will can keep it, period. It is on video. It is from just a little over $300 a month to never see again. What is more, it cost on YouTube, and you can probably find $1,828 per month, or nearly $22,000 a taxpayers nearly $40 million to shut it on Snapchat. It is available to find, year. Here is her quote: the coop down. Of the 23 original coops, this first broken promise. It’s actually like another mortgage pay- only 6 are remaining and 17 consumer- As Coloradans began to receive can- ment. I have friends who are uninsured right run coops as a result have failed. The cellation notices, they quickly learned now because they can’t afford it. Insurance 23 startup insurers received a total of that this promise was far from the is hard up here. roughly $2.5 billion in loans under the truth. In late 2013, nearly 335,000 small That is the Western Slope of Colo- Affordable Care Act, and only 6 remain. group and individual policies in Colo- rado, where people have seen mortgage- That means that even more money the rado were canceled due to requirements payment-size health insurance bills American people gave to this govern- in the Affordable Care Act. These can- being added to them because of a bill ment to be good stewards of—through cellations also included my family’s that the President promised would their hard-earned tax dollars, through cancellation, because we had chosen to lower their health care costs. their premium taxes—will never be stay in the private market in Colorado. An increase of nearly 26 percent is seen again. This is an unacceptable and But in August of 2013, we received the devastating for most families, but in egregious use of taxpayer dollars. letter that 335,000 others received in 2014 an Americans for Prosperity study But the careless spending under Colorado saying that our policy had showed that nearly 150,000 Coloradans ObamaCare doesn’t just stop there. An been canceled thanks to ObamaCare. saw their health insurance become 77 audit was released 2 weeks ago by the But, unfortunately, those cancella- percent more expensive. These sharp U.S. Department of Health and Human tions—those 330,000-plus cancellations increases in prices and coverage have Services, Office of Inspector General, in August of 2013—were just the begin- left Coloradans reeling, and we have a and it found that Connect for Health ning, because in January of 2014, the duty—a duty—to make sure we provide Colorado, Colorado’s State exchange,

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.003 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S233 misspent and mishandled nearly $9.7 42% and our choices of insurance providers That is a letter from a family of four million in grants to establish its mar- to dwindle down to one. who saw a dramatic increase in price, ketplace. The audit concluded by rec- Some of you may be faced with a similar both from the amount they pay every challenge. It seems to be a problem all over ommending that the marketplace be the U.S. month to nearly $20,000 a year, to a de- required to repay the $9.7 million iden- ductible that has gone from $5,000 to tified by the Federal Government. The So now we have the double whammy $10,000. audit found that Connect for Health on the American consumer. Not only Here is another story from a young Colorado did not adequately document are they required by law to buy insur- woman residing in Colorado Springs, $4.4 million, improperly transferred ance they can’t afford, but they then CO: costs totaling nearly $300,000, and made go buy consumer goods whose prices have increased as a result of the Af- This is the third time since 2010 that I will $164,000 in overpayments to sub- be losing my health insurance plan because grantees without identifying a reason. fordable Care Act. So they are squeezed of Obamacare. at home because they have to pay high- Furthermore, Connect for Health This is the third time. Do remember er insurance premiums—thanks to the Colorado spent more than $211,000 on the promise that if you like your plan, broken promises of ObamaCare, thanks bonuses to executives without pro- you can keep your plan? to the lack of choice they have with viding performance evaluations. The This woman from Colorado Springs ObamaCare. Now they have to pay kicker on the $211,000 in bonuses—the already has had her plan canceled three higher prices at the grocery store or largest of which was $18,500 for the times. CEO—back in 2013, when the exchange the implement dealership—wherever it is—because they have had to increase Now I am losing the option of being in the was trying to get started, was that the plan I want to be in. then-CEO of Connect for Health Colo- their prices—the people who make those goods, the people who manufac- There is the second promise—that if rado wanted a raise even though the you like your plan, you can keep your exchange had enrolled far fewer than ture those goods, the foundries, the equipment dealers. They have to pay plan; you get the choice of keeping half the people it was supposed to. So your doctor—broken promises. we have an executive asking for a raise for their insurance premiums that they I must settle for being in an HMO, and still in an exchange that hadn’t even met are required, under a broken law, to search and find. pay 400% what I was paying for premiums in the lowest of the low predictions for 2010. what it would do. Here we are, with a But it is important that we talk more than just about the business im- I also just learned that my carrier is rais- new audit from the Office of Inspector ing rates by 25% next year on the individual pact of the Affordable Care Act, be- General saying that $9.7 million was market. fraudulently spent. To quote a member cause, day after day, I hear stories My premiums are already four times high- of the board at the time: from Coloradans who have felt the er than they were before the Affordable Care brunt of ObamaCare’s failures. Whether Act. My deductible and out of pocket Given the poor performance for the first amounts are also much higher. two months of enrollments, I think it’s in- it is letters or emails to the office or Obamacare is nothing but a heavy tax for credibly audacious for the executive director whether it is town meetings across Col- us. Our income doesn’t qualify us for an to request a salary increase. orado, I hear stories, and I wish to take I think most people would feel like if this opportunity to share some of these Obamacare credit. you’re a CEO and you are significantly Since our premiums have quadrupled I fig- from my constituents that dem- ure we are now paying for the insurance for underperforming the goals you helped set, onstrate the impacts of ObamaCare. then you layer on that the money comes three or four other families when we pay for A letter I received from an individual our premiums. from public funds, I think it is highly inap- residing in Aurora, CO, said: propriate. I am very disappointed in Congress for let- Cory—As a business owner who pays for ting this go on and on and on. I have heard colleagues in the House my own insurance, ObamaCare is not work- Year after year now my premiums sky- and the Senate talk about how CEOs ing. Last year, my premium went up 20% for rocket and I have fewer choices in plans. are overpaid for the work they do. If less insurance with a higher deductible and Pretty soon there will be no incentive left to the stock prices are low or dividends less coverage. work hard and earn money in this country. aren’t there, then they shouldn’t be as This year we just got a cancelation notice The government will take it from highly compensated as they are. But that our insurance plan will no longer be of- you and give it to people [to spend irre- here we are, a government-funded pro- fered and we must start looking for a new plan yet again. sponsibly in Washington, DC]. gram from the Colorado health ex- I read that more and more insurance com- To this young woman in Colorado change and others around the country panies are pulling out of the Colorado mar- Springs, we are doing something—fi- using Federal dollars to give bonuses ketplace. nally. Last year, we put on the Presi- to people who haven’t even met the The system is broken, it has only cost us dent’s desk a repeal of ObamaCare, and basic projections they were supposed more and more money for lower quality of course it was vetoed. But this week, to. It is an unacceptable use of funds. health care. we will be able to start the process to But the problem is that it is not just Please—do everything you can to stop this failed program. repeal and replace ObamaCare, signed funds wasted somewhere else. It is into law by a President who will indeed That is from a Coloradan who has funds wasted that came from the sign it. struggled under the burdens and bro- American people’s pockets—hard- Another story I would share from a ken promises of ObamaCare. earned dollars that are being misspent. family in Fort Lupton, CO: The Affordable Care Act has had a Let’s talk about a letter we received from a family living in Lafayette, CO. It is impossible to afford health care for us. negative impact on business owners We are right above the Medicaid limit by and individuals. Let’s talk about some I have a ‘‘Bronze’’ HSA plan covering my- $400, and my husband has gone without of the effects on businesses. I will share self, my wife and my two daughters. health care for 2 years. They keep taxing a letter given to me, from a small busi- I just received my renewal notice from him. [the] insurer informing me that my premium ness owner to his customers, letting Soon we will be a family of 4 with no for 2017 will increase by 38.9%. health insurance. We will be paying so much them know how the Affordable Care To put that in perspective our family went to afford health insurance we will struggle to Act impacted his prices. from $1,200 per month or $14,400 per year to buy food. We need help and we don’t know $1,667 or $20,000 per year. Dear Valued Customer, where to find it. There is never a good time to announce a While the premium is increasing, the bene- price increase but we have to. Effective Feb- fits are reduced as annual deductibles for in- These stories demonstrate what ruary 1, 2017 we will have a 2% across the dividual and family plans are increasing to Americans are experiencing as a result board increase for a reason beyond our con- $5,000 and $10,000 respectively. This is uncon- of ObamaCare and its broken promises. trol. scionable! No family should have to decide be- We’ve had many challenges over the years The cost of my health insurance coverage tween purchasing health coverage and but none like this. 100% of this price increase has more than doubled in the last three is due to one thing only, the Affordable Care years and benefits have reduced with each putting food on the table. We owe it to Act. successive premium increase. these struggling families—stories we The Affordable Care Act has caused our The ACA needs to be repealed imme- just heard, about anyone who is sick or health insurance premiums to skyrocket by diately! might get sick—to roll up our sleeves

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.013 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S234 CONGRESSIONAL RECORD — SENATE January 11, 2017 and provide real solutions and to recog- A lot of this has to do with redtape. in both Chambers of Congress have nize that the Affordable Care Act was a A lot of this has to do with the compa- been working on for years. The only failure, it caused calamity, and it con- nies that have been forced to pass difference is now we will soon have a tinues to destroy and crush our health along higher costs to consumers or President in office who understands care market. leave, and that is exactly the sort of that people are hurting, asking for ObamaCare was a poorly designed thing that happens when the govern- change, and are in need of promises law that was rushed through Congress ment intervenes in the marketplace, that are actually delivered. on the most partisan of votes. Its near- unintended consequences occur. It is not too late for our Democratic ly 20,000 pages of regulations have had I mentioned increased rural access to colleagues to work with us to get this a devastating impact on many hard- health care. That was actually sup- job done and move forward with a solid working Americans. That is why I will posed to be one of the selling points of plan that helps all Americans. I under- continue to work hard to find solutions ObamaCare, and now it is just another stand the temptation, after creating that will relieve the financial burden example of how this law has truly this legislation, this health care deba- this law has imposed on Coloradans failed. Even so, even having acknowl- cle known as ObamaCare, to now say it and Americans throughout the coun- edged some of the failures of is your baby, you deal with it and then try. ObamaCare themselves, our Senate try to assign blame if things don’t We need a health care system that Democratic colleagues are refusing to work out exactly the way we hope. The promotes competition, increases flexi- acknowledge the catastrophe they cre- fact is, we always do better here, and bility, encourages innovation, and puts ated because this law was passed on a the American people are always better Americans back in control of their purely partisan basis, without any served when we try to work together in health care—one that gets ‘‘Dr. Con- votes on the other side of the aisle, and a bipartisan way, on a step-by-step gress’’ out of the picture, one that safe- signed by President Obama into law basis, to deliver on the promises we guards the doctor-patient relationship, without any participation by Repub- made. preserves Medicare for our seniors, and licans. Now, having created this mess— This budget resolution that we will one that protects the most vulnerable creating this crisis really—they made be voting on tonight is not about Medi- among us. clear they want no part of fixing the care. It is not about cutting health I will continue to fight for all of problem. Apparently, they would rath- care for millions of people. Rather, the those in Colorado and across the coun- er ignore the harmful effects brought opposite is true. We are actually going try who are looking for real health about by ObamaCare and try to then to try to save the American consumer care reform, and I look forward to assign blame to those who are trying from falling through the cracks or find- working with my colleagues in Con- to rescue the American people from the ing out that the promises that have gress to do so. failure known as ObamaCare. been made to them are simply not true We have a chance this week to act, We are confident the American peo- or that they are burdened with health and I look forward to replacing ple know the truth. They know Presi- care policies that they simply can’t af- ObamaCare with something that actu- dent Obama made promise after prom- ford. ally fixes and makes this system work ise to get ObamaCare passed. They What we are about is getting rid of a again. know the reality is a lot different, and failed policy that now 6 years in is still Mr. President, I yield the floor. it is a lot dimmer than the picture he making life harder for millions of The PRESIDING OFFICER (Mr. COT- painted. In my mind, such widespread Americans. I am eager to make sure we TON). The majority whip. public deception amounts to nothing keep our promise. That is the second Mr. CORNYN. Mr. President, soon more and nothing less than a simple part of this. We promised the American the Senate will vote to repeal case or, actually, I should say a colos- people that if they gave us an oppor- ObamaCare. This is for at least two sal case of consumer fraud. tunity by electing a new President, by reasons. One is that ObamaCare has In my former job as attorney general retaining the majorities in the House been an abysmal failure when you look of the State of Texas, we had a con- and the Senate, as they have, that we at the promises that were made to sell sumer protection bureau that went would deliver by repealing and replac- it and actually what has been delivered after scam artists and others who de- ing ObamaCare. That starts with to- in terms of higher premiums, higher ceived the American consumer, Texas night’s vote. deductibles, and more challenges for consumer, and promised them one NOMINATION OF REX TILLERSON ordinary Americans. Many Americans thing and delivered another. That is Mr. President, this morning I had the now find that their deductible is so nothing more or nothing less than honor of introducing Mr. Rex Tillerson, high that they are effectively self-in- what happened here where President President-Elect Trump’s nominee to be sured. Obama promised the American people Secretary of State, at his confirmation I remember like it was yesterday— the Moon when it came to health care, hearing before the Foreign Relations actually, it was some 6 years ago—that and they found out that those promises Committee. I was joined by my col- President Obama said: If you like what were hollow indeed. league Senator CRUZ from Texas, you have, you can keep it, in terms of That is why the American people former Senator Sam Nunn, and former your health coverage. He said: If you want ObamaCare to become a thing of Secretary of Defense Mr. Gates. All of like your doctor, you can keep your the past. One recent poll showed that us said that Mr. Tillerson is an inspired doctor. He said: The average family of about 8 out of every 10 Americans and outstanding appointment by Presi- four would see their premiums go down wanted to change the law in significant dent-Elect Trump. by $2,500. ways or see it replaced altogether. The I have come to learn that Mr. None of that has proven to be true. truth is, ObamaCare is a terrible law Tillerson is a person whom I both re- ObamaCare was sold under false that continues to hurt many American spect and admire the longer I have got- claims, false promises. We know that families trying to get by. ten to know him. He has proven over many headlines today demonstrate Americans all around the country are his decades-long career in the top eche- that premiums are higher than people asking for help, asking for relief from lons of a large global company that he can afford. They can’t keep the insur- this terrible law, and demanding a bet- has what it takes to represent the ance plan they had and they liked, and ter health care system that actually United States on the world stage. True, they have to go find another doctor, delivers results, not just empty prom- to this point, his responsibility has sometimes as often as each year be- ises. We can’t get to that replacement been toward shareholders of the com- cause the insurance coverage they have until we actually repeal ObamaCare, pany he has represented, but I have is no longer being written because in- which will start with the budget reso- every confidence he can transfer that surance companies simply can’t sur- lution we will pass this evening or late same sort of diligence, that same sort vive in this marketplace. In many in- tonight. of acumen, and those relationships, stances, they end up having to leave This is not a rushed or hurried re- from which a large multinational cor- rural parts of the country, particularly sponse; it is merely the first step in a poration has benefited, now to the rural parts of places like rural Texas. deliberative process that Republicans American people, and the United

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.014 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S235 States of America can resume its place tation, one thing is crystal clear: insured gained coverage only through a on the world stage with him as our top ObamaCare has failed, but Republicans flawed Medicaid program that is pro- diplomat. are working to fix the damage. Over viding inferior quality and threatening I said before that one of my biggest the past several years, it is clear that to bankrupt States across the Nation. frustrations with the current adminis- this law is simply unworkable for mil- According to research from the archi- tration is it regularly ignores our allies lions of hard-working Americans. In- tect of ObamaCare, Jonathan Gruber— while intentionally propping up or surance markets are collapsing, pre- he explicitly said that most of the strengthening our adversaries. I have miums are soaring, and health care newly enrolled beneficiaries were actu- every confidence that Mr. Tillerson choices are disappearing, but the an- ally eligible for Medicaid before will flip that narrative, and he will swer isn’t to ignore the problem. With ObamaCare. In fact, his research help the United States regain our lead- ObamaCare getting worse by the day, showed that two-thirds of new people ership role in the world by it is time for us to act. The repeal reso- signing up for Medicaid were brought unapologetically supporting our allies lution we are debating this week prom- into the program, not through and friends while keeping our enemies ises relief from ObamaCare and pro- ObamaCare but by increased Medicaid in check. He is the right man to lead vides the tools necessary to imme- advertising. the State Department, and I hope we diately repeal this failed law while en- As America soon discovered, the confirm him soon. suring a stable transition period to a President and congressional Democrats NOMINATION OF JEFF SESSIONS patient-centered health care system focused exclusively on coverage and Mr. President, let me add, today we that gives Americans access to quality, mandates that were handed down from are engaged in the second day of hear- affordable care. The resolution in- Washington instead of patient-centered ings before the Senate Judiciary Com- cludes instructions to authorizing com- reforms. Coverage was the silver bullet mittee regarding the nomination of mittees so that repeal legislation can for them because coverage equaled Senator JEFF SESSIONS, our colleague move through a fast track process and health care. They forgot a key detail of longstanding, to be U.S. Attorney can pass with a simple majority in the though: The cost of the plans that were General. House and Senate. These instructions mandated made it nearly impossible Some people who haven’t had the to committees are provided to allow for many to pay for the insurance or, if benefit of working with Senator SES- immediate action on repeal with the they had coverage, to pay for care with SIONS know him by his record. Frankly, intent of sending legislation to the new the sky-high deductibles. I know that given some of the testimony, I don’t President’s desk as soon as possible. some people on my staff had health recognize the person who is being de- Headlines from across the Nation savings accounts that gave them cata- scribed by those who, for various rea- highlight the urgent call to action. The strophic coverage. They didn’t have to sons, are opposing his nomination. We New York Times says: ‘‘Obamacare worry about going bankrupt over know that he has an outstanding Premiums Set to Rise Even for Savvy health care. Their deductibles were record of service, both to the people of Shoppers.’’ The Wall Street Journal lower than the ones that we have with Alabama, to the United States as U.S. says: ‘‘Insurers Move to Limit Options this health care. attorney, and then in the U.S. Senate in Health-Care Exchange Plans.’’ The Focusing on and highlighting the for the last 20 years. Baltimore Sun says: ‘‘Marylanders face number of people now enrolled in It is ironic that we are having a hear- hefty rate increases for ObamaCare.’’ ObamaCare doesn’t translate into any- ing before the Senate Judiciary Com- The Omaha World Herald says: ‘‘Health thing more than phantom insurance, mittee on the qualifications of Senator insurance rate increases may have which, for users plagued by inadequate SESSIONS to serve as Attorney General, some Nebraskans in sticker shock.’’ coverage, is coupled with huge out-of- a committee on which he has served for The Miami Herald says: ‘‘Florida’s pocket costs. We are seeing families 20 years. Our colleagues across the ObamaCare premiums to rise average now having to forgo medical care, not aisle don’t need to have a hearing to 19 percent in 2017, the State says.’’ And because they don’t have insurance but know JEFF SESSIONS because they al- the Bergen County Record says: ‘‘New because it is simply too expensive to go ready know him well. They know him Jersey left with just two ObamaCare to the doctor with their ObamaCare to be a man of honor, a man of prin- health providers for 2017.’’ health plan. ciple, a man who is true to his word, My own State of Wyoming is down to Normally I would say that you get and who believes, above all, that the one insurer in the individual market, what you pay for. But with ObamaCare, role of the Attorney General is to en- both on and off the exchange. That is a you seem to just pay without getting force the law of the land—something national scandal. We have heard from much at all. It is kind of like buying a we have not seen in the last 8 years people who talked about counties bus ticket, but when you show up for during the Obama administration, where there are no insurers. We have the trip, they tell you that to get a where the Justice Department has be- heard people talk about the costs they seat, you are going to have to spend a come a political arm of the White have both for the premiums and the little bit more, and then you have to House. deductibles. And just talking about the chip in for the gas. I have every confidence that Senator premiums, in New Mexico they had For years, Republicans have pledged SESSIONS, as the next Attorney General some counties where the average cost to repeal this disastrous law. Passing of the United States, will restore the of a house payment is less than the this resolution is just the first step in reputation of the Department of Jus- monthly cost of their health care— keeping that promise, clearing the way tice and the Office of Attorney General much less, about 50 percent less in one for consideration of repeal legislation to one that respects the rule of law and instance. that will be signed into law by the new dispenses equal justice under the law. It is also important to look at the President. While providing immediate Mr. President, I yield the floor. facts surrounding ObamaCare. Some on relief from ObamaCare, Republicans The PRESIDING OFFICER. The Sen- the other side of the aisle like to focus will ensure it is a stable transition in ator from Wyoming. on how many people are insured under which those with insurance will not Mr. ENZI. Mr. President, over the the law, but let’s look at how many are lose access to health care coverage. past few days, we have been listening not insured. Almost 28 million Ameri- This will allow the Nation to move to to the health care horror stories from cans remain without insurance under a patient-centered health care system across the country, such as families ObamaCare. Even with insurance, that gives hard-working Americans ac- earning an annual income of $50,000 many still can’t afford the care due to cess to quality, affordable care. The who opted for high-deductible coverage surging deductibles. If you can’t afford goal is a more modern health care sys- and are facing up to $6,000 or, in one the deductible, you really don’t have tem where there is innovation to im- case, $10,000 of out-of-pocket costs be- insurance. If you can’t afford the insur- prove the health of all Americans, fore their coverage even begins. That is ance, you don’t have insurance. And it where insurers are offered new and af- not affordable insurance. isn’t the insurance that is important; fordable options, and where families Nearly 7 years after the enactment of it is the availability of providers that have a more direct say over their own ObamaCare and 3 years into implemen- can take care of you. Most of the newly health care decisions.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.016 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S236 CONGRESSIONAL RECORD — SENATE January 11, 2017 Unwinding partisan gridlock to make Clinton administration, not led by When it first was introduced, they these changes will not be easy. As I President Bill Clinton but led by First had real good success in getting people noted in my earlier remarks, our Na- Lady Hillary Clinton. What she came covered. It was successful in terms of tion has made great strides in improv- up with and worked on was something getting people covered. Where they ing the quality of life for all Ameri- called HillaryCare. were not so successful initially was af- cans, but these transforming changes The Republicans came up with an al- fordability. They had to work on af- are always forged in the spirit of bipar- ternative to HillaryCare introduced by fordability. Part of the problem there tisan compromise and cooperation. We the Republican Senator from Rhode Is- was it took a while for the healthier, still need health care reform, but it has land, John Chafee—a really good guy, a younger people who did not think they to be done the right way. Passing this very able guy. I actually served with needed health care coverage because resolution will start building a bridge his son Lincoln in the Senate. But in they were young and invincible. It took from ObamaCare’s broken promises to 1993, 1994, when most people focused on a while for them to start. better care for each and every Amer- HillaryCare, John Chafee introduced They said: The fine keeps going up ican. legislation with 20 or so Republican co- year after year after year. Maybe I Mr. President, I yield the floor. sponsors. A couple of them are still should get some health care coverage I suggest the absence of a quorum. here, I think. Senator ORRIN HATCH was and not pay the fine. Ultimately, I The PRESIDING OFFICER. The one of them, and Senator CHUCK think RomneyCare did a much better clerk will call the roll. GRASSLEY of Iowa was one of them— job on affordability. The senior assistant legislative clerk maybe a couple of Democrats, as well. If you take those five key provisions, proceeded to call the roll. But 20 to 25 Senators, mostly Repub- the individual mandate, employer man- Mr. CARPER. Mr. President, I ask lican, cosponsored the Chafee legisla- date, ban on preexisting conditions, unanimous consent that the order for tion. subsidies for purchasing insurance, and the quorum call be rescinded. This chart mentions the Chafee bill establishing the State exchanges—key The PRESIDING OFFICER. Without and what was included in the Chafee provisions in the Chafee bill—they are objection, it is so ordered. legislation. One of the things included in RomneyCare. Believe it or not, they Mr. CARPER. Mr. President, I come was the individual mandate—basically, are in the Affordable Care Act. to the floor with a lot of other folks to that everybody had to get coverage. I know some of our Republican talk about the health care in this coun- Second was the employer mandate, friends think that nobody listened to try. I think one of the goals we all which basically said that employers them when we wrote the Affordable share—and maybe we are not sure how had to provide health care coverage for Care Act. Actually, these are your to get there—is how to make sure that their employees—maybe not for every- ideas. These are your ideas. Some of everybody who needs access to health one, maybe not for the smallest busi- the provisions or aspects of the Afford- care has it, that it is affordable, and nesses—but getting employers to meet able Care Act that our friends across that they get reasonably good quality, what Senator Chafee and other Sen- the aisle have been most critical of are whoever they are and wherever they ators thought were the employers’ obli- things that were originally their idea— come from. gations, their responsibilities. originally their idea. When I was a naval flight officer, we In the Chafee legislation there was a Then we changed this thing. Senator used to fly a lot of missions out of ban on preexisting conditions. SANDERS who has joined us on the Japan during the Cold War. I have a In the Chafee legislation there were floor. We added to that. We expanded special interest in Japan, and I like the subsidies for purchasing insurance. Medicaid. We said to States—we didn’t folks there. They are pretty remark- Purchasing it where? Purchasing it in make them expand Medicaid, but we able in what they have achieved over State exchanges. The idea of creating said: If you do, the Federal Govern- the years. One of the things they have large purchasing pools—there were ment will pay the lion’s share of the in- achieved over the years is providing folks who didn’t have health care cov- creased costs in Medicaid. I think ini- pretty good health care for a fairly erage who could get their health care tially maybe 24 States signed up and modest amount of money. coverage in a large purchasing pool. If said: We will do that, including the We started working on the Affordable their income was low or relatively low, District of Columbia. Later on, another Care Act 7 or 8 years ago. One of the they would be eligible for tax credits to seven or so, eight States—I think Indi- things I learned about Japan was that buy down the cost of their health care ana is one of those that decided, under they were spending 8 percent of their coverage. They would get theirs from then-Governor Pence, to expand Med- gross domestic product for health care the exchanges and the purchasing icaid up to about roughly 135 percent of in their country. We were spending 18 pools. poverty from maybe closer to 100 per- percent. As it turns out, they were get- Those were all ideas in Senator cent of poverty for most States. ting better results. They had lower Chafee’s legislation in 1993. Do you That is a little bit of a good history rates of infant mortality and higher know what? I am a Democrat and prob- lesson. I think we have another chart rates of longevity. People lived longer. ably shouldn’t say this, but I thought we can look at. It is a pie chart. Sylvia Newborns died less frequently than we they all made sense. Matthews Burwell came by—the Sec- did. On top of all that, in Japan they The legislation didn’t go anywhere. retary of Health and Human Services covered everybody. Everybody was cov- In the end, HillaryCare didn’t go any- came by a month or two ago and talked ered for health care. We had about 40 where. But long before we had serious to our Democratic Senate caucus. One million people—over 40 million people debate on the Affordable Care Act, peo- of the things she said to us that I at the time—whose health care cov- ple were talking about the same thing. thought was especially informative was erage was to get into an emergency You go over here—RomneyCare in she talked about this pie chart. room of a hospital, try to get in line, 2006. Individual mandate: Got it. Em- What she said is: Think of this pie and get someone’s attention. ployer mandate: Got it. Ban on pre- chart. It includes about 300 million I know how smart the Japanese are, existing conditions? Yes. Subsidies for Americans who get health care, at but I don’t think they can be that purchasing insurance? Yes. Establish least those who get some kind of smart and we can be that dumb. That State purchasing groups? Yes. Those health care other than emergency is sort of where we were 6, 7 years ago. are all in RomneyCare. room. She told us that roughly half of So we said: What are we going to do I have always given Governor Rom- the people, a little bit more than half about it? ney credit for the idea of the individual of the 300 million people among the I think almost every President— mandate, but apparently that was Americans who are getting health maybe since Truman—had a goal of wrong. It was in Senator Chafee’s legis- care—a little over half, 57 percent—get making sure everybody in this country lation as well. Governor Romney took their coverage through employer cov- had access to health care. A lot of folks the handoff, if you will, from Senator erage. The employers provide that as a talked about it and maybe tried to do John Chafee and introduced what they condition of employment. Another something. The first time we had a se- call RomneyCare in Massachusetts. It roughly 22 percent—that is this area, rious effort to do that was during the was introduced in 2006. sort of the brown area—is Medicaid and

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.017 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S237 the S-CHIP program, the Children’s the northeast of us has a few things he So what we have is a scenario in Health Insurance Program, a bipar- wants to say. I welcome hearing him. which the American people pay the tisan idea. Bill Roth worked on that, My dad used to say to my sister and highest prices in the world for prescrip- the Clintons, and others. I even worked me when we were kids growing up, a tion drugs. Millions cannot afford the on it as Governor. About 15 percent— little younger than our pages—we medicine they desperately need, but at this area right here, the green—is would do some bone-headed stunt, and the same time the drug companies Medicare. Then down here you have the he would say to my sister and me: Just make out like bandits, and their CEOs individual markets, the marketplaces, use some common sense. That is what earn exorbitant compensation pack- and so forth. he would say. Just use some common ages. There are roughly 5 or 6 percent down sense. He said it a lot. We must not I happen to live 50 miles away from here where people are getting their have had much. the Canadian border. A number of Well, just repealing the Affordable coverage. A lot of the attention, a lot years ago, I took a busload of Care Act and not having something to of the criticism of the delivery of Vermonters across the Canadian bor- replace it with immediately that pro- health care in the last 6 or 7 years by der, not just to do some sightseeing in vides coverage just as good—affordable, our friends on the other side has been Montreal, which is a beautiful city, but comprehensive coverage—that would down here with the marketplaces, the to go there to purchase the same exact exchanges. Those were their ideas. not be very good common sense. We can do better than that. We can do bet- medicine that Vermonters, many of One of the nice things the Affordable whom were dealing with breast cancer, Care Act has done—not many people ter. I hope our Republican friends, with were buying but yet buying it in Mon- know this—but the Medicare trust treal, Canada, for a fraction of the fund, which is in danger of running out this rush to judgment to repeal and re- place 2 or 3 or 4 years down the line, price they were paying in the United of money, the life of that trust fund States. has been extended by 12 years because can come around and say: No, that does In fact, on that particular trip, many of the Affordable Care Act. The Med- not make much sense. I hope they will of the women who were dealing with icaid pieces have been—the Secretary listen to some of their colleagues and breast cancer purchased the medicine of Health and Human Services, Sylvia some of the rest of us who say: If we they needed for one-tenth of the price Matthews Burwell, has negotiated with are going to repeal the Affordable Care they were paying in Vermont—one- a number of Governors to try to give Act, let’s know what we are going to tenth of the price. Let me take a mo- them the opportunity to sort of cus- replace it with, and make sure we do that on day one. ment today to review the costs of some tomize their Medicaid programs. With that, I am happy to yield the I think maybe in Indiana they want- of the exact same drugs sold in the floor to my friend from Vermont. United States compared to their costs ed to have a small copay for the people The PRESIDING OFFICER. The Sen- who participated in Medicare. That is in Canada. ator from Vermont. Here in the United States, EpiPen, as what they got. So it is not all one size Mr. SANDERS. Mr. President, I we all know, costs more than $600 a set. fits all, but there is some differentia- thank my friend from Delaware for That price has skyrocketed in recent tion between Medicaid. Now we have yielding. When we talk about the years. In Canada, the same exact set roughly two-thirds of the States that health care crisis in this country, it is costs $290, less than half of what we have signed up for Medicaid expansion. not just health care, it is also the out- pay in the United States. So that is just a little visual. Do we rageously high cost of prescription have another chart here? The question drugs. I know in my State of Vermont, Crestor, a popular drug to treat high is, Who gets hurt by repealing the Af- and in fact throughout this country, cholesterol levels, is $730 here but $160 fordable Care Act? If we just repeal the millions of people today are unable to across the border. We are not talking Affordable Care Act, and we don’t re- afford the medicine they need. about generics. We are not talking place it at the same time we repeal it In fact, almost one out of five Ameri- about another drug. We are talking or change it, a lot of people will get cans who go to the doctor and get a about the same exact same drug manu- hurt, including a lot of people who are prescription are unable to afford to buy factured by the exact same company. in the exchanges and getting health the medicine their doctors prescribe. I may be mispronouncing it, but I care coverage maybe for the first time Frankly, that is insane because what think it is Abilify, a drug for depres- in a long time, and actually folks who happens if you don’t take the medicine sion, is more than $2,600 for a 90-day are not in the exchanges, people who your doctor prescribed, often you are supply here in the United States but get their health care coverage in all going to get sicker. Sometimes you only $436 in Canada. kinds of ways, including employer pro- may die. Sometimes you may end up in I can go on and on and on. By the vided, Medicare, and Medicaid, or pri- the emergency room. Sometimes you way, let’s be clear— vately purchased. may end up in the hospital. It is lit- We don’t need the kind of uncer- erally beyond comprehension that al- Mr. President, I ask unanimous con- tainty, the lack of predictability that most one out of five Americans today sent to have printed in the RECORD a would be created by repeal without are unable to afford the medicine they chart of drug prices around the world having a very clear picture of what we need. which will show that prices in the are going to replace it with at the same Meanwhile, while so many of our peo- United States are not only almost al- time—not a year from now, not 2 years, ple cannot afford the medicine they ways higher than in Canada but higher not 3 years, not 4 years from now but need, the top five drug companies last than in the UK, Spain, and the Nether- at the same time. That is what we year made $50 billion in profit—$50 bil- lands as well. ought to do. lion in profit. The top 10 CEOs in the There being no objection, the mate- I will close with this. I note one of pharmaceutical industry earned over rial was ordered to be printed in the my colleagues from a big State up to $300 million. RECORD, as follows: USA—THE HIGHEST DRUG PRICES IN THE WORLD

CANADA U.K. SPAIN NETHERLANDS U.S.A.

ENBREL ...... $1,646 $1,117 $1,386 $1,509 $3,000 CELEBREX ...... 51 112 164 112 330 COPAXONE ...... 1,400 862 1,191 1,190 3,900 CYMBALTA ...... 110 46 71 52 240 GLEEVEC ...... 1,141 2,697 3,348 3,321 8,500 HUMIRA ...... 1,950 1,102 1,498 1,498 3,048 NEXIUM ...... 30 42 58 23 305

Mr. SANDERS. Mr. President, per- question: How does it happen? How sold in the United States sell in coun- haps people then will ask a simple does the same exact same medicine tries around the world for a fraction of

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.019 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S238 CONGRESSIONAL RECORD — SENATE January 11, 2017 the price that we have to pay? The an- billion in fines because they ‘‘reck- in the world from an advanced country swer is severalfold. No. 1, we are the lessly promote drugs for uses that have like Canada? The reason we can’t do only major country on Earth, of not been proven to be safe and effec- that is for one reason and one reason course, that does not have a national tive.’’ alone, and that is the power of the health care system guaranteeing According to the U.S. attorney han- pharmaceutical industry. health care to all people. We are the dling the case, Johnson & Johnson’s I would hope that tonight, both only major country on Earth not to ‘‘promotion of Risperdal for unap- Democrats and Republicans will stand have that. proved uses threatened the most vul- together and demand that this country As part of that problem, we are the nerable populations of our society— be able to import safe, low-cost medi- only major country not to negotiate children, the elderly, and those with cine from Canada and from other coun- drug prices with the pharmaceutical developmental disabilities.’’ tries. industry. You can walk into a drug In 2010, AstraZeneca Pharma- I should also mention that I will be store today, and the price could be dou- ceuticals paid $520 million to resolve introducing legislation with Represent- ble or three times what you paid a year allegations that it illegally marketed ative ELIJAH CUMMINGS from Maryland ago. There is no law to stop them. the antipsychotic drug Seroquel for in the coming days on this very issue, They can and they will raise prices as uses not approved as safe and effective on the issue of reimportation and also high as the market will allow. If people by the Food and Drug Administration. another issue that Mr. Trump touched die as a result of that, not a problem In 2009, Eli Lilly was fined over $1.4 on, I believe, today; and that is, the for them. If people get sick, not a prob- billion for its off-label promotion of an- need for Medicare and the government, lem for them. other antipsychotic product known as in general, to negotiate prices with the Perhaps next to Wall Street, the Zyprexa. According to Federal inves- pharmaceutical industry. The VA does pharmaceutical industry is the most tigators, Eli Lilly’s ‘‘illegal activity it. Clearly, Medicare should be doing it powerful political force in this country. increases patients’ costs, threatens as well. I believe we are going to have They have spent more than $3 billion their safety and negatively affects the an amendment on the floor tonight. I on lobbying since 1998, and they have delivery of healthcare services to the would hope people support that amend- 1,400 lobbyists on Capitol Hill. We have more than nine million military mem- ment. I will be introducing legislation 100 Senators. There are 435 Members of bers, retirees and their families who on that issue as well as reimportation. the House. Yet the drug companies rely on’’ TRICARE. When we talk about the health care have 1,400 lobbyists on Capitol Hill. Very interestingly—and I am sure crisis in America, one of the issues of They have lobbyists all over the coun- many of the Members saw it—Presi- concern to most Americans is the out- try in every State capital. dent-Elect Trump had a press con- rageously high cost of prescription These are no small-time lobbyists. ference this morning, and in his press drugs. The question is whether the These are former leaders of the Demo- conference, he said that pharma is Congress has the guts to take on an cratic Party, leaders of the Republican ‘‘getting away with murder.’’ enormously powerful industry, the Party, people who have enormous con- Mr. Trump: Pharma is ‘‘getting away pharmaceutical industry, with all of tacts. So the drug companies are able with murder.’’ their lobbying and all of their cam- to raise prices to any level they want Do you know what? Mr. Trump is ex- paign contributions. I certainly hope because we as a nation, uniquely actly right. Pharma is getting away we will do the right thing, and tonight among major nations, do not negotiate with murder. Pharma has gotten away we can begin that process. prices with them. The reason we do not with murder for many decades. With that, I yield the floor. The PRESIDING OFFICER (Mr. negotiate prices with them is they got The interesting issue is, with a Re- TOOMEY). The Senator from Louisiana. lobbyists and they make very hefty publican President-elect telling the campaign contributions to make sure Mr. CASSIDY. Mr. President, as we truth, that pharma is getting away Congress, in fact, does not pass legisla- continue to debate health care, there with murder, will the Republicans, will tion which will lower drug prices in are some things that are kind of being all the Democrats have the guts finally this country. debated that I call monkey dust. When The pharmaceutical industry is an to stand up to the pharmaceutical in- two gorillas fight, they try to confuse industry that is not only incredibly dustry and their lobbyists and their each other by throwing dust up in the greedy, but they have a business model campaign contributions and fight for air. It has nothing to do with the sub- which is largely based on fraud. Like the American consumer and end the stance of the fight but rather is only Wall Street, their business model is disgrace of having our country pay, by meant to distract the other side. That largely based on fraud. Almost every far, the highest prices in the world for is part of what this kerfuffle, if you major drug company, not widely prescription drugs? will—people raise per-beneficiary pay- known—but almost every major drug The good news is—I say to my fellow ments as if that is something per- company in this country—multi, Republicans and to Democrats—the nicious, something that should be multibillion-dollar corporations—have good news is that tonight you are going avoided, something which is bad. been fined for illegal activities and for to have that opportunity because as First, we are setting this kind of in cheating consumers in our country and part of the so-called vote-arama, I will the perspective of Medicaid. all over the world. be offering a very simple amendment Let me speak about per-beneficiary Since 1991, with lax enforcement—it which I hope wins strong bipartisan payments. For those who are in the is not like we have a vigorous Attorney support. In fact, there have been a Federal Employees Health Benefits General’s office that really goes after number of Republicans over the years— Plan, the Federal Government makes a these guys. With relatively lax enforce- in the House and in the Senate—who per-beneficiary payment to the insur- ment policies, drug companies over the have supported the concept of re- ance company to cover that Federal years since 1991 have paid over $35 bil- importation for many years. employee. For those States which have lion in fines or reached settlements for What this amendment will do is a Medicaid managed care company con- fraud and misconduct. Imagine that. allow pharmaceutical distributors and tract, the State makes a per-bene- This is just when they are caught, and pharmacists and those involved in the ficiary payment to the Medicaid man- I suspect that most of the times they pharmaceutical industries—those peo- aged care company. That is a per-bene- cheat, they don’t get caught—but $35 ple who sell drugs—to import low-cost ficiary payment. The reason I like this billion in fines or settlements since medicine from Canada and other coun- is because, inherently, the dollar fol- 1991 from the major drug companies in tries which will be FDA-approved. In lows the patient. this country. other words, all over this country peo- Now we are speaking about this in Let me give you just a few examples ple ask a very simple question: We can the context of a Medicaid reform pro- of some of the settlements and fines eat fish and vegetables that are grown gram. Why should Medicaid be re- the major drug companies have made all over the world, but somehow we formed? That is the question. Let’s in recent years. cannot get into this country brand- speak about our current Medicaid sys- In 2013, the Justice Department or- name prescription drugs manufactured tem. It is bankrupting States and the dered Johnson & Johnson to pay $2.2 by some of the largest drug companies Federal Government.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.020 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S239 In 2009, for the first time, the amount So think about this. Those in the I always say don’t underestimate pa- of money spent by States on Medicaid Medicaid expansion population have tients. In my own practice, for 30 exceeded what they spent on education. more Federal dollars going to support years, I worked in a hospital caring for Ever since then, Medicaid’s expendi- them than those citizens, those fellow the uninsured, and although the unin- tures are going up, and education ex- Americans who are receiving their in- sured don’t have some of the advan- penditures are going down. Despite all surance on the ObamaCare exchanges. tages in life that others have, they can this money, we get poor outcomes. Yet we continue to hear from the Med- take care of themselves. They know Medicaid typically pays physicians icaid patients that they have problems what is right and what is wrong in below their cost of seeing a patient. accessing specialists. terms of their own interests. I pointed out in my speech yesterday There is more money in Medicaid So let’s make those per-beneficiary that the week ObamaCare passed the than in the private insurance market, payments. Let’s not be distracted by House of Representatives, Robert Pear, but the Medicaid patient can’t see a those who somehow make this a bad the New York Times journalist, wrote specialist because the patient’s spe- thing. Let’s believe in the American an article in the New York Times fol- cialist is being paid below cost and can- people, that they can handle their own lowing cancer patients on Medicaid in not afford to see the patient. There is health care and that they don’t need a Michigan. What Mr. Pear found was an something incredibly wrong here. Washington bureaucrat to tell them oncologist who had so many Medicaid By the way, I should also point out how to live their health care lives. that in States in which Medicaid is ex- patients she was going bankrupt. In- Mr. President, I yield the floor. deed, she had to begin to discharge panded, another MIT study found that The PRESIDING OFFICER. The Sen- those patients from her practice be- 60 percent of those who go on the Med- ator from Georgia. cause she could not pay her bills. We icaid expansion dropped private insur- tracked down one of those patients who ance—dropped private insurance— Mr. ISAKSON. Mr. President, first of was featured, and she died 2 weeks which means they go from kind of pay- all, I want to acknowledge the great in- after being discharged from the prac- ing their own way to the taxpayer pay- tellect that the Senator from Lou- tice. ing for them. isiana brings to the debate, the experi- Medicaid pays so poorly that physi- My own State of Louisiana recently ence he has in the health care field, cians cannot afford to see large num- expanded Medicaid. It might not have how much I personally have learned bers. been 60 percent of those on the Med- from him on the committee in the That said, it isn’t just an anecdote icaid expansion dropped their insur- work we do, and I thank him for the from this New York Times article. ance, but I am told by the chief insur- contribution he makes to the Senate. There is a study out of MIT for the Na- ance company that I think about 70 to I rise to talk a little bit about how tional Bureau of Economic Research, I 80,000 people dropped private insurance we got to where we are today, what we believe it is, that found that with all to go on Medicaid; 60 or 70 or 80,000 peo- are about to do, and where we need to the money spent on Medicaid, the bene- ple stopped paying for themselves and end up. It will be short, and it will be ficiary only receives 20 to 40 percent. asked taxpayers to pay for them. sweet, but it will be to the point. The rest goes to institutions. That is OK if you are the person I was here in 2009 when we passed If we speak about a per-beneficiary going on Medicaid. You no longer have ObamaCare. In fact, as the Presiding payment, substantially all of that a deductible or a copay. I understand Officer will remember, it was at 9 money goes to the patient. Under the ObamaCare exchanges have $6,000 o’clock in the morning on Christmas current scenario, out of an MIT study, deductibles, and maybe that is what Eve in 2009. I opposed it at that time only 20 to 40 percent does. they had to do, but if we are going to for a particular reason. The reason was Go back to the oncologist who come up with a sustainable system, that I saw it driving us toward a sin- couldn’t afford to see the patients be- that is not an answer. gle-payer health care system, which I cause her reimbursements were so low. What I do is encourage that there be personally opposed. But the votes were What if the rest of that money, which a per-beneficiary payment, that the there. It passed, and it passed on the was not being attributed to the pa- money follow the patient. Again, for promise that if you liked your doctor, tient, instead could go to pay her doc- those who say it is some terrible thing you could keep him; if you liked your tor, then the patient would have never to have a per-beneficiary payment, insurance, you could keep it. And be- been discharged. they are ignoring all the evidence of cause everybody is going to be insured, By the way, on average, States spend how it is good. Think of the Federal rates will go down and everything is 17 percent of their State dollars on Employees Health Benefits Program. going to be wonderful. Medicaid. In my own State of Lou- Probably if somebody is watching on What has happened over the last 8 isiana, it is 19 percent, and in my State C–SPAN, their spouse or their own pol- years has been pretty incredible. Rates this has increased, nearly doubling icy they get through their employer, have gone up tremendously. People from the year 2000. the employer pays the insurance com- have not been able to keep their insur- Let’s go back to the per-beneficiary pany a certain amount of money per ance. We find ourselves on the cusp of payment, where the dollar follows the employee and per employee family being forced to a government single- patient, as in, by the way, the insur- member. ance plans that people have under We could also do what Indiana has payer health care system because the ObamaCare on the exchanges. There is done. In their Healthy Indiana Plan 2.0, private markets are collapsing. a subsidy that goes to the insurance they made per-beneficiary payments, if In my State of Georgia, where we company that then provides for the pa- you will, to Medicaid enrollees, giving have 159 counties, up until this year tient. The dollar follows the patient. them a health savings account and cov- every county had at least two or more So the per-beneficiary continues to do ering their catastrophic expenses. They providers providing health insurance. that. found that the Hoosiers who enrolled in Today in 2017, 96 of our 159 counties Folks say: Well, there is not enough this used 40 percent less charity care have one carrier. Next year half of money in Medicaid; therefore, we have than those with traditional insurance. them will be down to no carrier, and we to somehow do things differently. The These are all Medicaid patients. will be forced into a system that we models we use in private insurance will Folks say: Oh, my gosh. Health sav- don’t know what it will look like. not work in the Medicaid population. ings accounts per-beneficiary pay- Prices have gone up not just by a little We looked up the SEC report for a ments can never work for the poor. bit, but they have gone up by an awful Medicaid managed care company, and In this case, 70 percent of those en- lot. The end-user market in Georgia is the Medicaid expansion population, rolled in this program were below the approaching the breaking point. they get $6,000 per enrollee. I just met Federal poverty level. Yet, nonethe- I will give you a couple of examples. today with an insurance company that less, they contributed to their own Two parents in Georgia picked the was discussing the rates they are going HSA. They continued making those least expensive plan available this year to give on the exchanges next year. It contributions and altered their behav- to their family of four. It comes out to is going to be roughly $5,500 per en- ior to become more cost-conscious, bet- be a $6,500 deductible and $2,400 a rollee will be a year’s premium. ter consumers of health care. month for premium—unsustainable.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.022 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S240 CONGRESSIONAL RECORD — SENATE January 11, 2017 A couple in their sixties had a simi- I yield back. emergency room for regular treatment, lar plan but were just outside the sub- The PRESIDING OFFICER. The Sen- which, of course, is the most expensive sidy limit of $96,000 for their family. So ator from Michigan. way to get health care and drives the they are paying over 50 percent of their Ms. STABENOW. Mr. President, I costs up. What is being proposed is that income for health insurance. want to talk specifically for a few min- we unravel all of it and literally create Hard-working families deserve bet- utes about mental health care and chaos in the system. We are for afford- ter. Although President Obama prom- about an amendment that I will be of- able health care, and we are willing to ised this law would reduce premiums fering this evening. But I do want to work with anybody at any time. I, cer- and make health care more available, start off by stepping back for a mo- tainly, will be ready and willing to do it has done the opposite. ObamaCare is ment and indicating that, from my per- that. But I reject the idea that we are unsustainable. Now, that is the prac- spective, I know those of us on the going to repeal and unravel the entire tical answer, and that is exactly what Democratic side of the aisle understand health care system and create chaos got us to where we are today. that we have work to do together to for families, businesses, and commu- We are in the process of attempting continue to bring down costs for health nities. There are many communities to get the budget reconciliation act be- care and, in some areas where there is where the hospital system is the major fore us so that we can repeal not enough competition, in fact, to cre- employer in the community. Health ObamaCare, but we must also talk ate that competition. Affordable health care is one-sixth of the entire economy about what we replace it with because care is the goal for all of us. I have con- and is going to be impacted by this. repealing it without a replacement is cerns in looking at my small business I want to specifically speak about the not an acceptable solution. It is not a community that we continue to do importance of accessible and affordable solution. It is a conundrum. things that support them. That is dif- mental health services and what we We must prioritize returning the ferent than what we are being asked to have been able to achieve with protec- oversight of individual markets to the vote on here. tions established by the Affordable States and provide them with the flexi- What we are being asked to vote on is Care Act that ensure people can receive bility to design their Medicaid pro- a repeal of health reform that touches care. We have come a long way since grams in ways that enable them to every American and all of the patient over 50 years ago when President John cover most people and tailor benefits protections that we put in place that F. Kennedy signed the Community to meet the needs of the unique popu- have moved total control from insur- Mental Health Act and put down a lations in their States. ance companies to people with insur- We have proven in the past that regu- marker about the importance of treat- ance so that we can’t quit a job if we lation by the State insurance commis- ing health issues above the neck as get sick. If you have a preexisting con- sioners work. We need to return asso- well as below the neck. Comprehensive dition, are a diabetic, or have heart ciation health plans to be competitive health care should affect every organ, disease or you had some other chal- in the United States. We need to allow every part of the body, every kind of lenge or your child has, you know that the sale of interstate insurance across disease. We have made major steps in you will have confidence that you will State lines and stop the prohibition that direction. We have a long way to against that. We need to open the op- continue to be able to find insurance go to get the comprehensive care we portunity for entrepreneurship in the and see your doctor. There are all of need in the community, but we have private sector to fill the void that is the provisions that are here—young made major steps forward, including being filled by the vacuum that has people up to age 26, all of the efforts bipartisan efforts here related to the been created by the mandates of that we put in place to make sure that Cures Act, as well as the efforts that ObamaCare. you have the confidence and the ability Senator ROY BLUNT and I have been We need to also preserve those things to know that you have insurance. We working on to make sure the payments in ObamaCare that made sense—pre- need to ensure that if someone has can- for providing services in the commu- existing condition, absolutely; insur- cer, they are not going to be capped nity are the same for mental health ance coverage up to the age of 26 while with the amount of care they can get. and substance abuse services as well as staying at home with a parent, abso- Yesterday in the capitol in Lansing, physical health. So we have made steps lutely. Those things can be done, and MI, there were physicians and pediatri- forward, but the reality is that repeal- we ought to do them because they were cians working with cancer patients, ing the Affordable Care Act will take the right thing to do when we did with children and their families, who us backwards in a major way. them, and they are the right thing to were talking about the fact that, be- I have introduced, along with col- preserve now. But it is absolutely es- cause of the Affordable Care Act and leagues who are also champions on this sential that we see to it that we return taking off the caps on the amount and issue—Senators CARDIN, MURPHY, DUR- insurance to the private sector and reg- kinds of treatment that children with BIN, and a number of other Democratic ulation to the States. If we fail to do cancer can get, literally, lives have colleagues—an amendment that would so, we will have higher premiums or no been saved. Parents are now looking at help to prevent passage of any legisla- premiums at all and no plans at all. this body and the Congress as a whole tion that would reduce or eliminate So as we talk about repealing, we and the new President and are saying: services and access to mental health must also end up landing on a replace- Why in the world would we want to go care. This is an amendment that ment. It is unsustainable and imprac- back to a situation where people can’t should not even be necessary, particu- tical, and it is wrong for us to say we get the level of care, the quality of larly given the fact that we have are going to repeal ObamaCare without care, or, in some cases, the care at all worked in a bipartisan way on other replacing it with a plan that we know for themselves or their families? pieces of legislation to move forward. works and has the opportunity. Let’s So we are proposing that, rather than I don’t know why we would ever pass address that which caused ObamaCare repealing health reform, which something that reduces or eliminates to happen. Let’s fix the breaks that unravels the entire health care system access to mental health or substance have taken place. Let’s bring back because part of it is Medicare, part of abuse services such as opioid treat- competition, State regulation and au- it is prescription drugs going back up— ment. Why in the world would this thority, and let’s see to it that health it weakens the Medicare system, and it body come together and jeopardize care in America is accessible and is af- weakens the Medicaid system, where work we have already done, essentially fordable. It is important for us to do it. most of the dollars are going to seniors ripping it apart? The repeal of the Af- It is essential for us to do it, and I plan in nursing homes. It creates a situation fordable Care Act and the cuts to the to commit myself to seeing to it to do where someone who is working very Medicaid Program do exactly that. my part to repeal ObamaCare. We re- hard at a minimum-wage job and Why is this important? Well, nearly place it with a sustainable program, we hasn’t been able to have insurance be- one in five adults in our country has a return the program to the States, cause their employer didn’t provide it mental illness. About 4 percent of wherever possible, and we see to it that can now have the assurance that they adults have serious mental illness. Un- Americans have health insurance cov- can care for themselves and their fami- fortunately, even now, with work we erage at a competitive and fair price. lies and see a doctor without using the have been doing, we still have over 60

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.023 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S241 percent of people who don’t receive the our law defines comprehensive health ices are and what a difference they full treatment they need. We should be care from your head to your toes. It is have made. Right now, repeal of the working together on that, not taking the right thing to do. ACA means 4 million people will lose away the access to treatment that peo- These are all commonsense reforms, those services, not counting all of the ple already have. and we cannot afford to roll this back. others that would be blocked because This touches all of us in one way or A Harvard Medical School and New of future access problems and pre- another. I think all of us—our families, York University study released just existing conditions and caps on serv- our friends—know someone. In my case this morning shows that if the ACA ices and all of those patient protec- it is very personal. I grew up with a were repealed, 1.2 million Americans tions that go away. loving, wonderful father who became with serious mental disorders and 2.8 I hope that we will join together in a ill when I was in elementary school. He million Americans with substance bipartisan way, as we have done on was misdiagnosed and mistreated for abuse disorders would lose some or all bills such as the Cures Act and others, years, and finally was accurately diag- of their coverage. This is 4 million peo- to say we understand this is the funda- nosed as being bipolar, meaning he had ple losing treatment that is allowing mental piece. It starts with mental a chemical imbalance in the brain. So them to get help, move on with their health parity. To me it is incredibly contrary to other people who may have lives, and be productive citizens as we hypocritical to talk about these issues a sugar imbalance and they take their all want to be and as we all want to and want to provide grant funding insulin because they are diabetic or have available to our family members. when the fundamental question of they may have some other chemical Think of all the millions more who whether mental health and substance change or imbalance where they can could again be in a situation of not abuse services covered under your in- get treatment that has been covered being able to afford insurance once re- surance are ripped away, which is what under health insurance, if it is a chem- labeled with a preexisting condition. will happen with the repeal of the Af- ical imbalance in their brain, up until The opioid treatment gap—the gap be- fordable Care Act. the Affordable Care Act, it was not re- tween the number of people who seek I urge my colleagues to support our quired to be covered under health in- services and those who can find or af- amendment. surance. It was not required, even ford—would increase by 50 percent if Mr. President, I yield the floor. though we passed policies stating that the ACA is repealed. There would be 50 The PRESIDING OFFICER. The Sen- there should be mental health parity. percent more people unable to find or ator from Arkansas. For the first time, in the Affordable afford services. REMEMBERING STANLEY RUSS Care Act, we said in every definition We just had major debate on the floor Mr. COTTON. Mr. President, my that, when we talked about health and passed grant funding to help with home State of Arkansas lost one of its care, it would include behavioral this very serious issue. But why in the great statesmen last week with the health, mental health, and substance world should we say for a critical part passing of former State Senator Stan- abuse. As a member of the Finance of health care affecting every family, ley Russ. Committee, that was a top priority for one out of five Americans, that it will Stanley was a man of the soil. Born me. I indicated to the chairman at the be only around grants and not a part of in Conway, he grew up on a dairy farm time that I would not support any our comprehensive health care system? just outside the city. He went through health care reform that did not define What happens now? The grant runs the public school system and earned a essential health care benefits as in- out: Gosh, I am so sorry you are sick. degree in agriculture from the Univer- cluding mental health and substance I am so sorry that you need to see a sity of Arkansas. Although he spent abuse services. We know that defini- therapist or that you need medica- the bulk of his career in the life insur- tions drive every new system, and we tions. I am so sorry the grant ran out. ance business, over the years he con- were successful in making sure that, in I don’t think we would do that to tinued to raise cattle. Even when he every part of health reform, we defined somebody who had a heart attack: I am was an old man, you could find him health care in a comprehensive way for so sorry you have had a heart attack. clearing brush on the road to his house. the first time. You need surgery, but the grant ran That is how we thought of him—always Mental health used to be considered a out. keeping busy, always working, and al- preexisting condition—not any more. But with mental health illness, that ways in touch with the needs of the Health insurance companies can no is what happens every day. That is land and its people. longer deny you coverage or raise your what happens. As a veteran, I have to say that one rates because you need mental health Frankly, it is outrageous that we of the things I most admired about treatment. My dad struggled with that don’t have a comprehensive health care Stanley Russ was his military service. throughout his life. When he was fi- system that is completely treating and He served in the Army for 2 years, com- nally diagnosed correctly and got the responding in every way and reimburs- pleted Officer Candidate School, and medications and the help that he need- ing physicians and nurses for all of the became an instructor in artillery. After ed, he never went back into the hos- different kinds of treatments, services, being discharged, he served as a com- pital again. I have seen what happens and medical help they provide. pany commander in the Arkansas Na- when someone doesn’t get the help We have put into law in the ACA that tional Guard for several years. In 1995, they need and when they do and the insurance companies cannot discrimi- Stanley was inducted into the U.S. challenges to the families as well, and nate, you cannot have larger copays, Field Artillery OCS Hall of Fame at Ft. I am committed to making sure that you cannot have caps on services, you Sill, OK. services and treatment are available cannot have larger premiums—and this His true calling in life was public for every family. is a fundamental baseline right that we service. Stanley represented Conway Americans now have coverage for have placed into law as it relates to ac- for 26 years in the Arkansas State Sen- preventive services like depression cess to mental health and substance ate. More impressive than his lengthy screenings with no cost-share. You can abuse services. To see that ripped away tenure was his unimpeachable integ- see your doctor to get help without from Americans across the country is rity. Stanley Russ was universally breaking the bank. Mental health and unbelievable to me. It is totally unac- known as good, sturdy stock. The story substance abuse are also now guaran- ceptable. is often told that during his first cam- teed benefits, as I mentioned before. The amendment we are offering paign, one of his opponents had some of They are covered as essential health would create a budget point of order his poll watchers thrown in jail. But care benefits. Why in the world would against any legislation that comes to Stanley won the race anyway and went we not want to do that? Why would we this floor that reduces access to mental on to pass legislation protecting the say we want people to have access to health services for children, for adults, rights of all poll watchers. He served in health care, but it depends on what for seniors in this country. I would the senate with distinction, cham- part of the body your disease is in? hope that all of us could join together pioning quality education for all of Ar- That makes absolutely no sense. The and state through our votes that we kansas’ students and eventually rising Affordable Care Act makes sure that understand how important these serv- to the office of president pro tempore.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.024 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S242 CONGRESSIONAL RECORD — SENATE January 11, 2017 Stanley Russ was a model for all of campaign promises and show to the These stories go on and on. For a us in public service. I got to know American people that elections have woman in Gulfport whose husband lost Stanley well in my first campaign. He consequences and that at least this his job, the cheapest plan in the remained a friend and trusted source of group of public officials intends to ObamaCare exchange was $1,042 with a advice and support until he passed keep our word with regard to this piece $13,000 deductible. This constituent away. of legislation. It was well intended, no calls ObamaCare ‘‘legalized extortion.’’ I have heard Stanley died peacefully, doubt, but it could not possibly have A 60-year-old constituent was under- surrounded by his loving family as his worked to do the things that President standably upset when his insurance granddaughter sang the hymn, ‘‘Great Obama said it could do. went up by $113 a month. He then no- is Thy Faithfulness.’’ In his words, he In 2009 and 2010, the President told ticed that coverage he didn’t request considered himself ‘‘greatly blessed, us: If you like your health plan, you had been added to his policy without highly favored, imperfect, but a for- get to keep it. It turns out that is a wanting it or needing it. Pediatric den- given child of the King.’’ promise that was not kept because it tistry and birth control were required But perhaps the best summing up could not be kept. on this plan, two things neither he nor was given by the man who now holds The President said: If you like your his wife want to use or want to pay for. his seat, State Senator Jason Rapert. doctor, you can keep that doctor. So I want to remind my colleagues As Senator Rapert put it, Stanley Russ Again, this is a promise this adminis- that ObamaCare is hurting individ- was ‘‘the kind of man that God made tration and our Democratic friends on uals—individuals who have written to only one time.’’ the other side of the aisle were unable me, and individuals who have written As I stand on the Senate floor, I wish to keep. That is why so many people to all of my colleagues, but it is also to say on behalf of our grateful State: around the country are opposed to hurting small businesses in Mississippi Stanley Russ, rest in peace. keeping ObamaCare. They want it to be and small businesses in Pennsylvania Mr. President, I yield the floor. repealed. They want a drastically dif- and around the country. I would re- The PRESIDING OFFICER. The Sen- ferent approach involving market prin- mind my colleagues that most jobs in ator from Mississippi. ciples to be put in its place so it will the United States are created not by Mr. WICKER. Mr. President, I rise work for patients and work for the large corporations, not by the big-tick- this afternoon to join my colleagues in American people. et manufacturing plants that come ObamaCare is not working. It is not expressing support for S. Con. Res. 3, into our States and districts that we working in my home State of Mis- the budget resolution which, as most like to have, but by small businesses— sissippi. It is not working for millions Americans now know, is the vehicle we businesses of under 200 people. of Americans who lost their health in- will use to begin the repeal and re- A small business owner in South Mis- surance. It is it is not working for mil- placement of ObamaCare. sissippi wrote to me. Following her lions of Americans who saw their pre- This is a matter of keeping our word husband’s retirement, she had to find to the American people. This is a mat- miums rise and their deductibles go to unimaginable heights. health care through the exchange. Her ter of keeping our promises that we county borders Louisiana, and many have made, not only during the last Of course, I know the Presiding Offi- cer and I have heard from constituents Mississippians travel across State lines campaign cycle but repeatedly since I for work. The health care network that voted against this bill some 8 years at home, and I am going to take this opportunity to share with you some of she has used for 20 years is no longer an ago. It was enacted in January of 2010. option for her because ObamaCare poli- Republicans on this side of the aisle the views I have heard from people in Mississippi who are looking to us in cies do not allow beneficiaries to use and many Americans repeatedly op- networks in different States. That is posed the ObamaCare expansion of Fed- the House and in the Senate to rectify this situation with regard to this disas- also something we need to address eral power. We said it wouldn’t work. when we finally put in place the re- We said the President would not be trous piece of legislation. A 62-year-old individual from Madi- placement portion of this mechanism. able to keep his promises to the Amer- son, MS, wrote to me saying: The plan for this nonsmoker, with no ican people and when we got a chance Please explain the term ‘‘affordable’’ in preexisting conditions, under the ex- to go back into the majority, we would the Affordable Care Act. . . . I recently went change cost her $900 a month in pre- repeal that act. On this side of the to Healthcare.gov to look at possible health miums and she was not able to keep aisle, this is a followup on years and insurance plans. . . . The estimates range her doctor. years of determination on our part to from over $18,000 to over $26,000 per year. It is not just constituents in my right this wrong, to keep our promises, That is anywhere from 13.5% to 18.6% of our more or less Republican State, among and come up with a better plan to help gross salary. So forget about saving for re- tirement. The system is flawed. my more or less Republican constitu- Americans have coverage they can af- ents in the State of Mississippi who are Another Mississippian wrote to me: ford and a doctor they can keep. telling the truth about ObamaCare. I I intend to support the chairman of I have read in many publications about the want to quote Bill Clinton, speaking on increases in premiums for ObamaCare, but the Budget Committee in the votes we behalf of his wife in Flint, MI, on Octo- will have today and tonight. We have that is actually a moot point when the only insurance . . . that my doctor and my wife’s ber 4 of last year. Former President what some people call the vote-arama doctor will take is PULLING out (of the ex- Bill Clinton said this: tonight. A number of votes will be change) leaving my wife with no choice but You’ve got this crazy system where all of taken in rapid succession, and we don’t to possibly return to work just for the insur- a sudden 25 million more people have health know how many will actually be of- ance. care, and then the people who are out there fered by our friends on the other side of A third constituent from Saltillo, busting it, sometimes 60 hours a week, wind the aisle. I believe I will be able to vote MS, wrote: up with their premiums doubled and their against all of these amendments be- I just applied at the market place for coverage cut in half. It is the craziest thing cause I think keeping a clean bill health insurance. My quote was $415 monthly in the world. makes it more likely we will be able to with a deductible of $6850. I work less than 30 President Bill Clinton said that just pass this legislation, send it to over to hours a week in retail. There is no way that last year in Flint, MI. the House of Representatives where it I can afford that. I think if we come to grips with this, can be tweaked but passed and get This constituent from Saltillo goes we will admit that this is a crazy sys- back to us for final approval, and actu- on to say: tem. It was well intended by some of ally get a bill to President-elect Trump What am I supposed to do? I have a car my Democratic friends but one that after he takes office, repealing payment and I need to eat. has failed; one that has failed the ObamaCare so we can replace it with Well, I think help is on the way. The American people and one that has something that works. action we are going to take this week failed to keep the promises that were This is our opportunity to keep our in sending this resolution over to the solidly made when the bill was rammed campaign promise. This is our oppor- House of Representatives is a form of through on a strictly partisan basis. tunity to help the President-elect and keeping our promise and providing as- Every Democrat was supporting it. No the Vice President-elect keep their sistance to this constituent of mine. Republicans were supporting it at all.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.025 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S243 There was no Republican input, no bi- They go on to talk about the types of to evict a U.S. military base, Russian hack- partisan input on overhauling one of influence Moscow inspired. ers shut down two of the country’s four the most significant systems in our I am not going to stand here and internet service providers. Kyrgyzstan in country. argue that if the Russian efforts had turn removed the base and received $2 billion in Russian aid. It is time for us to move forward, and not taken place, there would have been April 2009 Kazakhstan: After Kazakh media tonight is a step forward. We certainly a different outcome in the election. No published a statement by the country’s aren’t going to get it all done in one one will ever know that. And when president that criticized Russia, a Russian- fell swoop, and even when we get the asked directly, the intelligence agen- attributed attack shut down the publica- bill signed into law by our new Presi- cies, despite these strong statements, tion’s site. dent Donald Trump, it will take a say there is no evidence of direct vote August 2009 Georgia: Russian hackers shut while for it to be put into place. To- tampering or tampering with election down Georgian Twitter and Facebook on the first anniversary of the 2008 Russian military night we show that we meant what we equipment, thank goodness. That isn’t invasion. said and we said what we meant, and the point. May 2014 Ukraine: Three days before we are going to follow through. We are The point is, Vladimir Putin and the Ukraine’s presidential election, a Russia- going to pass this resolution tonight Russians did what they could to influ- based hacking group attacked and disabled and begin the process of keeping our ence our election. Americans should the country’s election commission, including promises to the American people to re- stand up and listen because what is at its backup system. Ukrainian officials say peal ObamaCare and replace it with stake is the sovereignty of our Nation the arrested hackers were trying to rig the results in favor of the pro-Russian candidate. something that works for the millions and the reliability and integrity of our March 2014 Ukraine: As in Georgia, Russian and hundreds of millions of Americans election process. allegedly coordinated military and cyber at- out there who depend on us for good What the Russians did was truly tacks, disabling the internet in Ukraine policy. staggering and momentous—a foreign while Russian-armed proxies seized control Seeing no other Members seeking adversary intentionally manipulating of Crimea. recognition, I suggest the absence of a America’s democracy and election. I May 2015 Germany: German investigators quorum. don’t know if it is an act of war by discovered hackers had penetrated the com- The PRESIDING OFFICER. The classic definition. It is an attack on puter network of the German Bundestag, the most significant hack in German history. Se- clerk will call the roll. our Nation by any definition. It should curity experts said hackers were also trying The bill clerk proceeded to call the not go unanswered. to penetrate the computers of Chancellor roll. For those who have been following Angela Merkel’s Christian Democratic Mr. DURBIN. Madam President, I ask Vladimir Putin’s bullying actions over Party. unanimous consent that the order for the last several years, this is no sur- December 2015 Ukraine: Hackers believed the quorum call be rescinded. prise. Instead of building a modern to be Russian took control of a Ukrainian The PRESIDING OFFICER (Mrs. global economy based on the great tal- power station, locking controllers out of their own systems and cutting 235,000 homes ERNST). Without objection, it is so or- ents of the Russian people, he and his from power. dered. closest neighbors have created false en- October 2015 Netherlands: Security experts RUSSIA emies in the West, sadly and dan- believe Russia tried to hack into the Dutch Mr. DURBIN. Madam President, the gerously creating a narrative that do- government’s computers to remove a report most popular dictionary defines an act mestic Russian problems are really the about the downed Malaysian airliner over of war as an act of aggression by a result of NATO, the United States, and Ukraine. The Dutch Safety Board eventually country against another with which it the West. concluded that the passenger plane was brought down by a Russian-made missile is nominally at peace. Let me repeat, He has tried to discredit the West and its Democratic free market insti- fired from an area held by pro-Russian rebels an act of aggression by another coun- in eastern Ukraine. try against another with which it is tutions. He has used manufactured en- January 2016 Finland: A security firm an- nominally at peace. emies of Russia to rally domestic sup- nounced that it believes Russian hackers On Friday, America’s intelligence port for his tactics and leadership. were behind attacks on Finland’s Foreign community issued a damning, detailed It is, ultimately, a tired narrative Ministry several years before. assessment concluding that Russian that when combined with domestic po- December 2016 Germany: The head of Ger- litical repression and manipulation, man intelligence warned last month, ‘‘There strongman President Vladimir Putin is growing evidence of attempts to influence ordered an attack on our Nation’s elec- helps keep Putin in power. Let’s not be fooled into thinking his the federal election next year,’’ specifically toral system to sow mistrust and favor citing Russia as the source of the attacks, one candidate over another. The evi- actions are merely annoying. The adding, ‘‘We expect a further increase in dence was sweeping, overwhelming, and threats are real and dangerous, and cyber-attacks in the run-up to the elec- troubling. they go directly not just at the United tions.’’ Experts believe Russia wanted to un- The key findings, quoted directly States but many of our strongest al- dermine Chancellor Merkel who has sup- from the public version of this report lies. ported sanctions against Russia for its ac- tions in Ukraine. from the intelligence agencies, said as I have a list which I ask unanimous follows: consent be printed in the RECORD in de- Mr. DURBIN. Madam President, NBC News compiled a document of activity Russian efforts to influence the 2016 U.S. tail. presidential election represent the most re- There being no objection, the mate- by Russia and Vladimir Putin. It starts cent expression of Moscow’s longstanding de- rial was ordered to be printed in the in April of 2007 in Estonia, where the sire to undermine the U.S.-led liberal Demo- RECORD, as follows: Russians were disabling their Internet; cratic order, but these activities dem- April–May 2007 Estonia: Angered by an Es- in June 2008, in Lithuania, where the onstrated a significant escalation in direct- tonian plan to move a Russian World War II Russian hackers were defacing govern- ness, level of activity, and scope of effort memorial and Russian soldiers’ graves, Rus- ment Web pages; in August 2008, in compared to previous operations. sia disabled Estonia’s internet with a par- Georgia, where the Russian hackers We assess Russian President Vladimir ticular focus on government offices and fi- shut down the country’s internal com- Putin ordered an influence campaign in 2016 nancial institutions. aimed at the U.S. presidential election. Rus- June 2008 Lithuania: Similarly, when the munications system; in January 2009, sia’s goals were to undermine public faith in Lithuanian government banned the display in Kyrgyzstan, as part of an effort to the U.S. Democratic process, denigrate Sec- of Soviet symbols, Russian hackers defaced persuade the President there to evict a retary Clinton, harm her electability and po- government web pages with hammer-and- U.S. military base, the Russian hack- tential presidency. We further assess that sickles and five-pointed stars. ers shut down two of the country’s four Putin and the Russian Government devel- August 2008 Georgia: After Georgia’s pro- Internet service providers. oped a clear preference for President-elect Western government sent forces into a April of 2009 in Kazakhstan. After Trump. breakaway Russian-backed region, Russian Kazakh media published a statement We also assess Putin and the Russian gov- hackers shut down the country’s internal ernment aspired to help President-elect communications to coincide with a military by the country’s president that criti- Trump’s election chances when possible by seizure of Georgian territory. cized Russia, Russian-attributed at- discrediting Secretary Clinton and publicly January 2009 Kyrgyzstan: As part of an ef- tacks shut down the publication’s Web contrasting her unfavorably to him. fort to persuade the president of Kyrgyzstan site.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.030 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S244 CONGRESSIONAL RECORD — SENATE January 11, 2017 August 2009 in Georgia, there was are not going to allow anyone who can on our Nation become a partisan issue similar activity; May 2014 in Ukraine; hack into our systems to try to under- that is largely ignored by a majority of March 2014 in Ukraine; May 2015 in mine the electoral system of the one of our Nation’s two great political Germany; December 2015 in Ukraine; United States. We are proud Ameri- parties? How did the Republican Party, October 2015 in the Netherlands; Janu- cans. We will handle our own elections, which now controls both Chambers of ary 2016 in Finland; December 2016 in thank you. Keep your hackers out of Congress, decide that repealing health Germany. business in the United States. care insurance for millions of Ameri- Of course, there was also the Russian Recently, we have had allegations— cans was the most urgent, first priority military seizure of sovereign territory and I underline the word ‘‘allega- to deal with amid this sweeping evi- in the nation of Georgia in 2008 and tions’’—of other involvement of the dence of a Russian attack on our de- their invasion of Ukraine in 2014. In Russians with the Trump campaign mocracy? Ronald Reagan must be roll- fact, Russian forces and their proxies and the preparation of certain docu- ing in his grave. still hold captured land in Georgia and ments, which have not been collabo- Does anyone remember his clarity Ukraine, and from that spot in Ukraine rated as of this date. They may lead to about standing up against attacks on separatists shot down a civilian air- nothing, but they certainly deserve in- the West and its allies when the Sovi- liner 2 years ago, murdering 283 inno- vestigation so that we know what the ets shot down a civilian Korean air- cent passengers, including 8 children. facts may be. liner in 1983? This is what President This is our adversary. This is the Yesterday at the Senate Judiciary Reagan said: man who is trying to undermine the Committee, I asked Senator JEFF SES- And make no mistake about it, this attack was not just against ourselves or the Repub- American electoral system. We cannot SIONS of Alabama, a man who is aspir- lic of Korea. This was the Soviet Union take it lightly. ing to be Donald Trump’s Attorney against the world and the moral precepts Twenty years ago, when I was elected General, if he could recuse himself which guide human relations among people to the Senate, I was a member of the from investigations into Russian con- everywhere. It was an act of barbarism born Government Affairs Committee. The nections with the Trump campaign. He of a society which wantonly disregards indi- first hearing we had was a lengthy in- had just said earlier he was going to vidual rights and the value of human life and vestigative hearing. What was the basis recuse himself from investigations in- seeks constantly to expand and dominate other nations. of it? We had just concluded a Presi- volving Hillary Clinton. Senator SES- dential campaign, and allegations were SIONS said, ‘‘I would review it and try There was a time in this town when made that the Chinese Government 20 to do the right thing as to whether or national security issues were truly bi- years ago was trying to insert itself not it should stay within the jurisdic- partisan, when security meant patri- into the Presidential campaign of the tion of the attorney general or not.’’ otically putting aside partisan agen- das. Can anyone here imagine for a sec- United States, specifically in support I hope that Senator SESSIONS, if he in of the Clinton-Gore ticket. fact becomes the Attorney General, ond—just one second—the debate we Fred Thompson was chairman of that will have some second thoughts. It is would be having here now if the situa- tion were reversed? The House alone committee, a pretty well-known man far better to consider a special counsel spent millions of dollars on countless who has since passed, but he was a in the Department of Justice in light of and ultimately fruitless investigations pretty outstanding lawyer in addition the political circumstances of these al- into the tragic events of Benghazi. to being a pretty famous actor. He was legations. Here we are, with overwhelming evi- my chairman. He spent months in pub- Secondly, we need to have a select dence of an actual attack on our Na- lic hearings investigating whether the committee—not the Intelligence Com- tion, and the majority party is largely Chinese tried to insert themselves in mittee—of either the House or the Sen- silent. That is incredible. It is quite any way, shape, or form in the election ate that will meet and consider this in- simply an abdication of political re- of Clinton-Gore. They found virtually formation and investigate it in a re- sponsibility not to address a verified no evidence, other than a handful of sponsible way. In fact, I think it is of national security threat to our Nation. Buddhist nuns writing checks to the such gravity that we ought to consider With the release of Friday’s report, I campaign, which nobody ever really ex- a public-private commission—a com- urge my colleagues to read both the plained. But there was no evidence that mission of elected officials, as well as public and classified reports. The clas- the Chinese Government was involved private citizens, whom we respect. I sified version contains the same damn- in this in any specific way. We spent think of the names of General Colin ing and sweeping conclusions I men- months on that theory in open hear- Powell and former Supreme Court Jus- tioned here today from the public docu- ings, and then published reports—con- tice Sandra Day O’Connor as chairs ment, but it goes into detail. As such, flicting reports on conclusions from and cochairs of that effort, people of I urge this body to come up with an ap- that committee. We took it that seri- unquestionable integrity who will propriate response to this attack. I ously 20 years ago. make the right findings for America have joined in bipartisan Russian sanc- What are we doing about this? Well, and not for any political reasons, as far tions legislation with Senators CARDIN, Senator MCCONNELL, the Republican as I am concerned. MCCAIN, MENENDEZ, GRAHAM, SHAHEEN leader, said that we will do the regular Today, I asked Michael Mukasey, RUBIO, KLOBUCHAR, SASSE, and order; we will let the regular commit- former Attorney General under Presi- PORTMAN. We urge that we quickly ad- tees go about their business and figure dent George W. Bush, whether the At- vance as an urgent priority Russian out what might have happened in the torney General has the authority to sanctions to make it clear that what course of that. That is not good shut down an FBI investigation, and he they have done is reprehensible, unac- enough. Regular order may put this in- answered very simply, ‘‘yes.’’ So we ceptable, and will not be tolerated. vestigation in the Intelligence Com- need more information. We need to This Congress can also do what many mittee. Do you know what that means? make sure that this is taken seriously tried to do in the past and failed— It means you are not going to see their and that we address it in a serious which is certainly timely—and that is hearing. You are not going to be able manner because it is a serious issue. pass meaningful cyber security legisla- to see their witnesses and listen to What, in fact, has been the response tion. their testimony, and much of the evi- from the other side of the aisle? With a We have to maintain our strong dence that is going to be presented will few notable exceptions, that party of NATO Alliance, stand firm against never be shared with the public. Ronald Reagan, the 40th President— Russian meddling or attacks, and tell I understand the need to protect clas- who really understood the old Soviet our friends in the Baltics and Poland, sified material. We must do that. I in- regime—has greeted this information in particular, that we stand by their sist on that. But at the same time, we with near silence. That is right. Except side, that nothing has changed, and need to answer some basic questions for a few voices—my colleagues Sen- that our friends in Ukraine can trust about what Russia tried to do in this ators GRAHAM and MCCAIN in par- that we will be with them as they es- last election and to make it clear to ticular—there has been near silence. tablish democratic sovereignty. We them and to the world that the United How in the world did an attack or- must work with the new administra- States is not going to be a sucker. We dered by a former Soviet KGB official tion to fully accept and counter this

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.033 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S245 Russian threat. We must work to un- So I congratulate the Tigers. Who complished. It is amazing, not only the dermine any such future attacks at you beat was impressive, but more im- successful season that you have had on home and against our allies. We should pressive is how you have conducted the field but the character that has get to the bottom of the extremely yourself over the last couple of years. been the focus of so much of the con- troubling allegations that have been The Clemson program is a model for versation off the field. made recently. college athletics. Dabo has an uncanny We have talked specifically about No. Yes, ultimately we must work with ability to take people from different 4, Deshaun Watson, and the amazing Russia where those efforts serve our backgrounds and mold them into a story about his relationship with his global interests—and I think there will team. He loves his players and they mother. I have a special relationship be some common areas—but we must love him. with my mom. So I appreciate his focus not do so from a position of weakness. I live 5 miles from Clemson Univer- and determination to honor her when We will never be taken seriously by sity and went to the University of he is on the field and to continue to Putin or our adversaries otherwise. South Carolina, and most of you don’t honor her when he is off the field. That Madam President, I yield the floor. know what that means: the biggest ri- story is a remarkable story that de- The PRESIDING OFFICER. The Sen- valry. serves more attention. It really does. ator from South Carolina. I am proud of Clemson. I grew up in As to Coach Dabo Swinney, is an CONGRATULATING CLEMSON ON WINNING THE the shadow of the university, 5 miles amazing coach, without any question, COLLEGE FOOTBALL NATIONAL CHAMPIONSHIP from the stadium. I have been around but he is also an Alabama alum. Hav- Mr. GRAHAM. Madam President, the Clemson Tiger family all my life. ing won the national championship as there are a lot of pressing issues going They conferred an honorary degree a part of the Alabama football team— on in the country and in the world. upon me a couple of years ago. Given I believe it was 1992—you have a cham- These are tough, turbulent times. But the academic standards at Clemson, pion come into Clemson University and Senator SCOTT and I are going to take that is the only way I would have ever making champions by loving compas- a moment or two to talk about a topic graduated from Clemson. sionately, by challenging on the field, that I think millions of Americans ap- So I want to tell the Tiger Nation and by embracing these men and the preciate: college football. that all of us in South Carolina are so entire apparatus around the university In the South, where TIM and I come proud of your victory on the field, but and college athletics. He has done a from, it is as close to being a religion equally proud of the way you conduct fabulous job. as you can get, and we are here to cele- yourself off the field. Clemson Univer- I think of the walk-on receiver that brate Clemson University becoming the sity is in the top 20 public schools in Senator GRAHAM mentioned. In every national champion in college football, facet of the team—whether you are the beating Alabama in the best college the country, with no end in sight. Next year, if I were an Alabama fan, so-called water boy, whether you are football playoff game I have ever wit- I would be very optimistic. This young nessed in my life. the athletic trainer, whether you are a To the people of Alabama: You had freshman quarterback is coming back. physical therapist—people win because one heck of a ride, a 26-game winning He is an incredible talent. The people of the team that they are on. There are streak, something you should be proud of Alabama should be proud of their no self-made success stories. of. football team and their coaching staff We should remember that as we focus To the Tigers: You beat the best because you have been on top of the on these young athletes. I know their team in the country, and, to me, the mountain for a very long time. I hope lives will be meaningful because of the way you won is as important as the you believe that Clemson is a worthy team they played on and not simply outcome. successor. the victories they celebrated. DeShaun Watson is probably going to Dabo said it best, ‘‘The [tiger] paw is I do want to take a few seconds and go in the very top of the draft to the flying on the top of the mountain’’ of mention the president, Jim Clements, NFL. I would say he is the best college college football, and that is saying a who is a fantastic guy and one of my football player in America. What lot. dearest friends. Jim and I were having DeShaun has won for Clemson is unbe- Go Tigers. a conversation through text before the lievable. The way he has done it is even The PRESIDING OFFICER. The Sen- game, and I decided, since we can’t use more unbelievable. He graduated in 3 ator from South Carolina. our phones on the floor of Senate—I years. He is one of the nicest young Mr. SCOTT. Madam President, I ask know they frown on that kind of stuff, men I have ever met in my life. His unanimous consent to display my technology; it is an interesting concept faith means a lot to him. Clemson flag. here—I decided to print the text. This He threw the ball to Hunter Renfrow, The PRESIDING OFFICER. Is there was a Wednesday evening around 10 who was a walk-on—a young man from objection? p.m. I had just predicted that Clemson a small town in South Carolina who Without objection, it is so ordered. would win, 27 to 24. Jim Clements said: walked on to the Clemson University Mr. SCOTT. Madam President, I Seriously if we play like we did last week team. Because of Coach Dabo Swinney, think it is important for us to realize then we win! I believe it will happen!! 35–31. he had a shot at making the team and and note that while Senator GRAHAM Go Tigers. wound up catching the winning pass to did in fact grow up just a few miles I suggest the absence of a quorum. win the national title. from Clemson—which means his affin- The PRESIDING OFFICER. The How is this possible? It is possible be- ity for the university is natural—it is clerk will call the roll. cause of leadership at the top. Presi- consistent with his upbringing. For me, The bill clerk proceeded to call the dent Clements, our new president, has it is very different. When you are born roll. a vision of Clemson University as ag- in South Carolina, and you are born on Mr. LEE. Madam President, I ask gressive and bold off the field as Dabo the coast near the Atlantic Ocean, the unanimous consent that the order for has had on the field. I think Dabo likelihood of your being a Gamecocks the quorum call be rescinded. Swinney represents the best in college fan and wearing garnet and black is The PRESIDING OFFICER. Without sports. The Clemson team is truly a about 75 percent. So I must concede objection, it is so ordered. family. If I had a son, I would want him that I still pull for the Gamecocks. Mr. LEE. Madam President, I rise to play for Dabo. That is a controversial position to be today to give voice to some of my fel- If you are looking for a place to go to in when you are talking about the new low Utahns, including a few of my fel- school where you would be academi- national champions. low Utahns who are suffering because cally challenged, go to Clemson. If you I would also like to say to Senator of the health care law passed by this are looking for a place to go to school SHELBY—a man of integrity, character, body nearly 7 years ago. These are not or to be a part of a community, some- and long service—thank you for mak- stories from wealthy Utahns who have thing bigger than yourself, go to ing the bet. I am so glad you lost. simply had to pay higher taxes, nor are Clemson. If you are looking for a place I would also say to the Clemson Ti- these stories from low-income Utahns to watch sports at the highest level gers—the ‘‘Tigers Nation’’—we are so who already have insurance through possible, go to Clemson. incredibly proud of what you have ac- Medicaid.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.034 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S246 CONGRESSIONAL RECORD — SENATE January 11, 2017 These are letters are from the too a terrible burden upon me and my family. We Trump’s victory this November—and often invisible victims of ObamaCare— need a new healthcare system. This one is thanks to the outcome of House and those middle-class families who used to not working. Please share my story so that Senate races throughout the country— be able to afford health care when they others will be aware that people in my posi- we now have the opportunity to uproot tion (and there are many of us) are strug- needed it but are now forced to pay for gling. this ill-conceived health care law, root it and to pay for what amounts to, in and branch. some cases, one of their largest pay- I will share your story, Trevor, and The old system, to be clear, is far ments or even their largest payment soon we will be one step closer to a new from perfect. After we repeal they make each month for a so-called type of system, a system that will put ObamaCare, we still have much work insurance plan that never seems to pay patients and doctors back in charge of to do unbundling health care from em- out because of high deductibles. health care decisions rather than hav- ployer-provided health insurance so Jenica from Davis County, UT, ing those decisions made by govern- doctors, nurses, patients, and writes as follows: ment bureaucrats in Washington. innovators can do the work of bringing I am an ordinary mother raising my kids The last letter I would like to share down prices and increasing quality. and striving to live within my means. For today comes from Washington County, That is what happens when we allow the first time, my family is facing a year UT. Ron from Washington County the free market to operate. We get with no health insurance. Our gross income writes as follows: competition. When people compete, falls a few hundred dollars per month too Today I received a letter from my health high for us to receive help through CHIP or two things happen that are important insurance carrier indicating that the pre- for consumers: Prices go down and UPP programs, but we cannot afford to pur- mium for me and my two kids—yes, only chase health insurance through my hus- three people—is increasing from $1,020 per quality goes up. band’s work or through the Marketplace. month to $1,706 per month, an increase of That is what the American people After this year’s premium increases, the slightly over $8,200 per year. My annual in- have come to expect and basically most inexpensive plan offered to us on the come for 2017 will not be increasing, let alone every other sector of our economy. Marketplace is a full quarter of our gross in- to cover eight grand. Sadly, we have seen the opposite be- come per month (before taxes), and if we put Later this afternoon, I am contacting my that into our budget we will not be able to come true with respect to our health travel agency (a local small business) and save any money to pay deductibles as care system under ObamaCare because asking Judy to cease her research into my healthcare needs arise. we have restricted free market forces, We face the same problem with my hus- family vacation for the summer of 2017. Why would I cancel my vacation and also take and we have impeded competition. As a band’s work insurance; it would be even result, prices have gone up and quality, more expensive, and we cannot wisely budget away revenue from a local small business? The answer is ‘‘67.26%.’’ That is the percent- in some cases, has gone tragically a quarter or more of our income toward down. health insurance premiums. age increase for my health care insurance. I know this problem is not limited to my I need you to see that this is real. It great- Step one involves repealing this family, and I want you to be aware of those ly and negatively impacts my family and it health care law. Trevor, Jenica, and of us who are falling in the gap this year. We subsequently impacts local businesses as Ron, I want you to know that I hear earn barely too much to receive any assist- more of my money is drained from the econ- you. I hear you and I hear all Utahns ance, but not enough to actually pay for in- omy. I make roughly $60,000 per year. My who have contacted me to share their surance premiums. It seems the wisest medical premium is now one third of my gross income! Plus, I still have to pay out experiences with this health care law. course for us is to withdraw from insurance My colleagues in the Senate have heard and save our money to pay for medical ex- deductibles and copays. penses in cash, as well as saving to pay the Even the bronze programs, which are you too. We will repeal this health care fine on our taxes next year. worthless, are designed to bankrupt a family law and we will bring reform and com- It is a decision I do not make lightly, as I and end up costing more in the long-run, petition to our Nation’s currently bro- know that the insurance companies need have exceeded the cost of the mortgage I ken health care system. more people, not less, to participate to make took out on my St. George home in 2014. Madam President, I yield the floor. the system work. However, my family can- More than my mortgage! Repeat more than I suggest the absence of a quorum. not afford to participate this year. my mortgage. That should send shivers down anyone’s spine. The PRESIDING OFFICER. The I know you will represent us well and take clerk will call the roll. our needs into consideration as you work One of the most important aspects of with the other members of Congress to make America’s middle class is the ability for a The senior assistant legislative clerk our country’s healthcare system work for all family to purchase a home. Now that insur- proceeded to call the roll. of us. Thank you for serving our state and ance premiums have exceeded the mortgage Mr. DAINES. Mr. President, I ask our country. May God bless you in your ef- payment of a median priced home in the US, unanimous consent that the order for forts. I suspect that the dream is now slipping out the quorum call be rescinded. May God bless you, Jenica. May God of the hands of many Americans. The PRESIDING OFFICER (Mr. bless you for having the courage to Ron, you are absolutely right. GARDNER). Without objection, it is so write these things down and to share Thanks to ObamaCare, the American ordered. them with your fellow Utahns and your dream is now slipping out of reach for Mr. DAINES. Mr. President, today is fellow Americans. far too many families throughout the the day when we will begin to repeal I promised Jenica that I will do ev- State of Utah and throughout the en- and replace ObamaCare. Repealing and erything I can, everything within my tire country. These are not just the replacing this disastrous law is one of power, to make sure that you and fami- stories of a few isolated Utahns. These the top jobs that citizens elected us to lies like yours are not forgotten when are not just stories from a few statis- get done. In many ways, it is why Don- we repeal this law and replace it. tical outliers. There are fewer afford- ald J. Trump will be sworn in next Trevor from St. George, UT, had a able options for Utahns throughout the week as the 45th President of the similar story. He writes: State. United States. I recently got a new job and I’m trying to In 20 out of Utah’s 29 counties, I think what is most helpful is to get healthcare. None of the 3 plans my em- Utahns can only choose a health plan recap why repealing ObamaCare is so ployer offers are affordable to me, even from one insurance company. They important to so many American fami- though the government claims they are. have just one company to choose from, lies. Montanans were promised that Even if I were to buy the cheapest plan, I and the options available are not al- with this bill you could keep the health would never be able to use it because of the high deductibles. ways as robust as they should be. With- plans that you liked. That was wrong I do not qualify for Medicaid, and earn in those options that they have, the and millions of Americans lost their $1,000 per year too much to qualify for sub- costs have risen far too much each plans. sidies. year. For 2017 plans, insurance rates Montanans were assured that cov- In a nutshell, I can’t afford to buy insur- across Utah increased at least 30 per- erage under ObamaCare would be af- ance from anywhere, and by not buying it, I cent, on average. This is after multiple fordable. For millions of Americans, can’t afford the penalty levied by the federal years of substantial premium increases for thousands of Montanans, nothing government. What is someone in my position supposed to do? in the other years leading up to this. could be further from the truth. Mon- The ACA is not helping the very people it Fortunately, help is on the way. tanans were guaranteed that was designed to help and is in fact throwing Thanks to President-Elect Donald ObamaCare would lower health care

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.035 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S247 costs. We witnessed premiums sky- asked a simple question. I asked: How and slashed health care savings ac- rocket since ObamaCare’s implementa- many of you would want to repeal counts. tion. ObamaCare? An overwhelming 82 per- We need to make it easier to pur- Finally, Montanans were assured cent said they support the repeal of chase health insurance across State that ObamaCare would create more ObamaCare. lines, encourage and incentivize work competition in the marketplace, but The reason why is quite simple. They among able-bodied Americans, and up- now Americans in one-third—one- did not get what was promised to them hold fiscal responsibility by preserving third—of the counties across our entire on this very floor of this Chamber back and protecting Medicare for our sen- country have but one plan to choose in 2010. ObamaCare is failing because it iors. from. Let’s not forget, supporters of is a massive intrusion by the Federal I very much look forward to working ObamaCare paid for these failed pro- Government. It is centered on raising with the nominee for the U.S. Depart- grams by raiding Medicare of over $700 taxes, huge spending increases, and ment of Health and Human Services, billion. Seniors and people with dis- heavy regulations from Washington, Dr. TOM PRICE. I served with Dr. PRICE abilities in Montana and across our DC. It is straight from the Big Govern- in the House. There is not a better country deserve much better. ment, Washington-knows-best play- leader at this point in time in our Na- Over the past several years, I have book, and that is what happens when tion’s history to assume the leadership heard from countless Montanans about Congress doesn’t listen to the Amer- of the Department of Health and how ObamaCare has failed them. Take, ican people. Human Services. He is a doctor, has for example, Terry from Choteau, MT, You know, Montanans have very served in Congress, and will be able and who wrote: good horse sense. They know when ready to lead from day one. We just got a letter from Pacific Source somebody from Washington, DC, shows We will work together to find the that our premium is going up $260 per month up and says: We have this 2,700-page best solutions, Montana solutions, so- and our deductible is going up to $1000. This bill from Washington, DC, led by lutions that work for our respective is $1025 per month and a $7500 deductible for NANCY PELOSI, Harry Reid, and Presi- States, for people like Terry, for Jeff, 2 healthy adults [with] (no preexisting condi- dent Obama—Montanans know better. for Anthony, for Kenneth, and for the tions). For a ranch family this is a huge hit, especially in these times with low com- They know they should run for cover. thousands of other Montanans who modity prices. Something needs to change. And that is exactly what ObamaCare have been harmed by this law. Jeff from Kalispell, MT, said this: is and what is happening now to the Mr. President, I suggest the absence American people. of a quorum. I am married with 5 children. I live in Kali- spell. I bought Blue Cross Blue Shield of MT ObamaCare can’t be tweaked. It has The PRESIDING OFFICER (Mr. LEE). PPO Gold insurance plan #104 for the 2016 to be repealed. It needs to be replaced The clerk will call the roll. year. My premium was $1,477.28 per month. with better reforms. And we need to The senior assistant legislative clerk In early November 2016 [2 months ago] I re- make sure that we do as much as we proceeded to call the roll. ceived notice that my same plan would in- can as soon as we can so folks aren’t Mr. SCHUMER. Mr. President, I ask crease to $2,820.00 per month. That is a 91% having to deal with ObamaCare for unanimous consent that the order for increase. . . . If keeping the same rate hikes, much longer. People are hurting. It is the quorum call be rescinded. my insurance will be $5,500 in 2018, then time to replace it. The PRESIDING OFFICER. Without $10,000 per month in 2019. I urge my Democratic colleagues to objection, it is so ordered. That was from Jeff in Kalispell, MT. work with us. Don’t use scare tactics. Mr. SCHUMER. Mr. President, I wish I have Anthony from Bozeman. That Unlike 2009, we are focused on a path to speak briefly and pointedly about is my hometown. I went to college in forward that conveys practical bene- the budget resolution before us which Bozeman. A fellow Bozemanite writes fits, not hopeless ideology. I ask them will, at some late hour, culminate in a this to me. He says: to accept the reality that ObamaCare final vote. Whether that vote is tonight I have never been able to afford Obamacare is irreversibly flawed, it must be re- or in the dark hours of early morning, insurance. With quotes of over $400 a month pealed, and it must be replaced with ef- with it, Republicans are taking their for a single healthy male I found it easier to first step into a box canyon. pay the penalty. So now not only can I not fective policies. afford to have medical insurance but I am I know there are comments out there Now, I hear my Republican col- getting fined for not making enough money about a plan and what is next. Well, for leagues talking more and more about to pay all of my bills and give a 20% tithe to me, it is not that complicated. It is doing repeal and replace together, but the medical insurance industry. getting the costs down. You have heard let me be very clear. This budget reso- Here is another Bozemanite, Ken- the stories. The American people are lution is not repeal and replace. It is neth. He writes this: asking for relief. one thing and one thing only: the first For 2014 we had med insurance from Pa- For the generation of Americans just step of repealing the Affordable Care cific Source for my wife which was adequate now entering the workforce—and that Act, ripping health care away from and filled our needs. For 2015 Pacific Source would be my kids; they are just enter- tens of millions of Americans, and canceled that policy, citing Obamacare ing the workforce—health care costs throwing our health care system into rules, and best alternative was 150 percent have increased by 77 percent. This is chaos. It will, as many have repeated more expensive. outrageous. It is unacceptable. These across the land over the last few weeks, We did it for 6 months and then canceled; it just took too much from our budget. The are supposed to be the easiest people to make America sick again. IRS fined us $584 for missing insurance for 6 insure, yet ObamaCare seems intent on Over the past few weeks, this fact has months. We are doing without coverage for placing health care out of their reach. made some of my more thoughtful col- 2016 again because of the outrageous costs I believe there are policies that are leagues nervous. I understand that. I for this high-deductible policy. Our IRS fine fundamental to any health care sys- would be nervous if I were them too. will probably be about $1500. tem, and it will be working and fight- My friends, the Senators from Maine, The list and the heartfelt stories go ing for provisions that provide access Arkansas, Tennessee, and Kentucky, on. They all share one common theme: to affordable insurance, that protect have all quite forcefully voiced their ObamaCare is not working. This people with preexisting conditions, concern with repealing health care re- ObamaCare hardship did not just im- that allow young adults to stay on form without a scrap of a plan of what pact Terry, Jeff, Anthony or Kenneth. their parents’ coverage until age 26, to do next. Montanans, on average, face premium that return decisionmaking authority Now the President-elect has tweeted increases between 27 and 58 percent back to the States, that will eliminate that they should do repeal and replace just this last year. This is year-over- these harmful Washington regulations at the same time. Today he said Repub- year numbers. and mandates, that will empower the licans would repeal and replace the law Last evening, I had a telephone tele- American people with greater access to essentially simultaneously, but that is townhall meeting where thousands of health savings accounts. not what this budget resolution would Montanans joined me, thousands across That was part of the health care sys- do. the entire State. Every corner of our tem that was actually working pre- We are here because the Republicans State was on the call last night. I ObamaCare, and ObamaCare moved in are flummoxed. It is a bit like an

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.028 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S248 CONGRESSIONAL RECORD — SENATE January 11, 2017 Abbot and Costello show. Republicans RyanCare or TrumpCare. It doesn’t who depend upon Medicaid to help pay in Congress and the President-elect are matter so long as it covers as many for the nursing home care their parents pointing at each other, waiting for the people as the ACA, so long as it helps get. We are deeply concerned about the other one to come up with the plan— bring health care costs down, and so possible privatization of Medicare, ‘‘You do it. No, you do it’’—because no long as it doesn’t move our health care making Medicare into a voucher pro- one can come up with a repeal plan system backward. gram. We are concerned about the in- that keeps the benefits of ACA. We haven’t seen one so far. I am crease in prescription drug costs for This confusion of the Republicans skeptical that we ever will, but we will seniors that would occur. If the Afford- makes sense because the Republicans look at one if they can come up with it. able Care Act were repealed, seniors are in a pickle and driving into that Unfortunately, that is not the road we would have to pay far more than they box canyon. They promised every con- are on. The vote tonight is the first are paying right now, at a time when servative group and audience in the step on the road to repeal, which leads many seniors cannot today afford the country for the past 8 years that they straight into that box canyon. high cost of prescription drugs. What would repeal health care reform ‘‘root I just want to sincerely urge my Re- we find is outrageous is that, in the and branch,’’ but actually it is only publican colleagues, especially those midst of all these attacks on the mid- their base that wants repeal. Most who have rightly expressed concern dle class and working families of this Americans want us to keep the law and about the very serious consequences of country, the Republican repeal of the work to improve it. repealing without replacement: Vote Affordable Care Act would end up pro- In a recent Politico/Morning Consult against this resolution. Put this irre- viding hundreds and hundreds of bil- poll, only 28 percent of Americans sup- sponsible and rushed repeal plan aside. lions of dollars in tax breaks for the port repealing the law if there is no Work with us Democrats on a way to top 2 percent. I believe there are very current plan for replacing it—less than improve health care in America, not few people in America who think we one-third. This is the Republican base. set it back 8 years. Don’t make Amer- should devastate the health care pro- Two-thirds of Americans support the ica sick again. Don’t put chaos in place grams that millions of Americans de- provisions that prevent insurance com- of affordable care, which is what you pend upon and at the same time give panies from denying coverage to pa- will do if you follow through on this huge tax breaks to the very, very tients with preexisting conditions, 63 resolution. wealthy. percent support letting kids stay on The consequences of throwing our Tonight we are going to hear a num- their parents’ plan until they are 26, system into chaos, which the Repub- ber of Senators on the Democratic side and there are similar numbers on the lican plan will do, are enormous: deny- come down to the floor and offer very, other major benefits of health care re- ing 30 million Americans health cov- very important amendments which I form. Those are the key features. erage, blowing a $1 trillion hole in our hope can receive bipartisan support. Those aren’t extraneous. Those are the deficit, depriving the college graduate heart and soul of the Affordable Care from staying on their parent’s plan, We are going to hear Senator Act. The Republicans are in a pickle. preventing women from getting fair MANCHIN talk about the need to protect They cannot please their base and the treatment, and telling the family rural health. As a Senator from a rural broader public at the same time so whose daughter has a preexisting con- State, I understand very clearly that if President-Elect Trump says to Con- dition that they can’t get coverage, the Affordable Care Act is repealed, it gress: You come up with replace. and they will have to watch her get will be devastating to rural hospitals The Congress says to the President: sicker. all across this country. You come up with replace. That—all of that—falls entirely on Senator NELSON is going to talk Abbot and Costello. the shoulders of my Republican col- about the high cost of prescription No replace. We haven’t seen one yet, leagues. I think that is a scenario we drugs and what the repeal of the Af- and it has been 6 years. all would like to avoid. So turn back fordable Care Act would mean in rais- From a policy perspective, our Re- before it is too late because you will re- ing prescription drug prices. Senator publican friends can’t repeal a law and gret going forward. BALDWIN will be talking about the need keep in place the provisions that are Thank you, Mr. President. to make sure that, as is currently the overwhelmingly popular with the ma- I yield the floor. case, young people 26 years of age or jority of Americans. That is why they I suggest the absence of a quorum. younger can continue to stay on their are in such a pickle. The PRESIDING OFFICER. The parents’ health insurance. Senator The Affordable Care Act is not de- clerk will call the roll. TESTER is going to be offering an spised by the American people, only The legislative clerk proceeded to amendment which will oppose limiting the hard right of the Republican base, call the roll. veterans’ ability to choose. which is fervently anti-government. It Mr. SANDERS. Mr. President, I ask I will be offering an amendment is an ideology. It doesn’t matter how unanimous consent that the order for making certain the people in our coun- much ACA helps people. If the govern- the quorum call be rescinded. try do not have to pay more for medi- ment did it, we don’t want it. They op- The PRESIDING OFFICER. Without cine than the people in Canada and in pose health care because they oppose objection, it is so ordered. other countries. Senator CASEY is con- Mr. SANDERS. Mr. President, to- everything that government does. They cerned about protecting individuals night is an important night because it oppose Medicare, Medicaid, even Social with disabilities and chronic condi- Security. allows what is very rare here in the tions. Senator KING is concerned about Senate—for Members of the body to If Republicans go forward with this protecting health insurance for people, bring forth amendments and ideas that plan, they may mollify their base—the many of whom are working in very are very important to them, and that, base will stop complaining—but they dangerous occupations. will ostracize and hurt the American unfortunately, don’t often get debated people and ultimately lose in the court or voted upon here on the floor. Senator MENENDEZ is concerned of public opinion. I know I speak for virtually all about protecting Medicaid expansion. There is a much more responsible Democrats in saying that we have deep Millions of Americans have received course of action that I urge my friends concern about the Republican proposal health care, in some cases for the first on the other side of the aisle to con- that would repeal the Affordable Care time in their lives because we were sider: abandon repeal. Act without having any alternative able to expand Medicaid. We Democrats are willing to work plan in place. We think the idea of Senator GILLIBRAND is concerned with our Republican colleagues on im- throwing some 30 million Americans about protecting women’s health. The proving the existing law. We will even off of the health insurance they have Affordable Care Act has gone a long look at a comprehensive replacement and significantly reducing funding for way in terms of equity for women, in plan if they can come up with it. We Medicaid will not only be very, very terms of the health care they receive, don’t care about credit. You can call it problematic for lower income people and I hope nobody wants to see that McConnellCare or RepubliCare or but also impact middle-class people disappear.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.036 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S249 Senator MANCHIN will address a very attempts tonight to see if they can get or their designees, prior to each vote important issue about the opiate epi- rid of the privilege by using corrosive and that all votes after the first in this demic that exists in West Virginia and or nongermane amendments. Con- series be 10 minutes in length. all across this country. sequently, we will have to vote down The PRESIDING OFFICER. Is there Senator STABENOW will be speaking some of those amendments. It might objection? about the need to protect mental sound logical, and it is because they Mr. SANDERS. Reserving the right health services. We have a major crisis are not in the bill. to object—and I will not object—I have in mental health care in this country. I guess we are still waiting for the one mild correction. We need to do a lot more than we are unanimous consent agreement so at The PRESIDING OFFICER. The Sen- currently doing, and we certainly do this point I will yield the floor. ator from Vermont. not need to do less. The PRESIDING OFFICER (Mr. Mr. SANDERS. Amendment No. 172 is Senators CANTWELL and CARPER will TILLIS). The Senator from Wyoming. Klobuchar-Sanders. be talking about the need to protect Mr. ENZI. Mr. President, for some Mr. ENZI. Klobuchar, No. 172? delivery system reform. Senator additional information of what is hap- Mr. SANDERS. Yes. Klobuchar-Sand- BROWN will be talking about the need pening, we are organizing lists of what ers. I know that because I am SANDERS. to protect the Children’s Health Insur- tranche the votes will be in. Just be- The PRESIDING OFFICER. Is there ance Program. Senator COONS will be cause they are not listed in this first objection? talking about the need to make sure group, doesn’t mean they are not going Without objection, it is so ordered. there are no limits on the health insur- to be considered. In fact, under a budg- AMENDMENTS NOS. 64, 13, 81, 104, 172, 61, 60, 83, 82, ance people with serious illnesses re- et resolution, we have what is called a 63, AND 94 EN BLOC ceive. vote-arama. Actually, any amendment Mr. SANDERS. Mr. President, I ask So there are a lot of very, very im- can be turned in until we finish voting. that the amendments be called up as portant amendments that will be of- Unlike other activity that we usually under the previous order. fered, and I look forward to an inter- have where we know what votes there The PRESIDING OFFICER. The esting evening of discussion. will be well in advance, this is a special clerk will report the amendments en I would just conclude my remarks to exercise and it is handled a little dif- bloc. say that I find it beyond comprehen- ferently and it is a lot more confusing. The bill clerk read as follows: sion that at a time when we are the We will begin in a while. We will The Senator from Vermont [Mr. SANDERS], only major country on Earth not to begin processing these amendments for others, proposes amendments numbered guarantee health care to all of our peo- one at a time. For debate, just so peo- 64, 13, 81, 104, 172, 61, 60, 83, 82, 63, and 94 en ple—we are the only one—that at a ple know for sure which amendment we bloc. time when we pay significantly more are on, the proponent for the amend- The amendments are as follows: per capita for health care than do the ment will get 1 minute and the oppo- AMENDMENT NO. 64 people of any other nation, that at a nent for that amendment will get 1 (Purpose: To create a point of order against time when we pay by far the highest minute. At the end of those 2 minutes, legislation that would harm rural hospitals prices in the world for prescription we will vote. The first vote is supposed and health care providers) drugs—what we need is to have a to take 15 minutes. The Senate is sel- At the end of title IV, add the following: health care system that protects the dom held to 15 minutes. After that, we SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- needs of the middle class and working often go to 10-minute votes, which in TION THAT WOULD FINANCIALLY families of our country, not just the in- the Senate usually only takes about 30 HARM RURAL HOSPITALS AND HEALTH CARE PROVIDERS BY RE- surance companies and not just the minutes. DUCING THE NUMBER OF PEOPLE IN drug companies. In fact, the votes to- That is the way we do it here. We RURAL COMMUNITIES WITH ACCESS night are really about whether we are make sure everybody gets their chance TO HEALTH INSURANCE. prepared to stand up for ordinary to vote. We hope people will be around (a) POINT OF ORDER.—It shall not be in Americans or whether we are going to so they can get here punctually and order in the Senate to consider any bill, joint resolution, motion, amendment, continue to kowtow to the insurance cast their vote. We think the amount amendment between the Houses, or con- industry and the pharmaceutical indus- of time from 10 minutes can be reduced ference report if the Congressional Budget try. if people are interested in reducing the Office has determined that it would— I yield the floor. amount of time to do them. (1) cause an increase in the rate of unin- The PRESIDING OFFICER. The Sen- I got the signal that we now have the sured individuals and families in rural com- ator from Wyoming. final list. munities by an amount sufficient to substan- Mr. ENZI. Mr. President, while we Mr. President, I ask unanimous con- tially weaken the financial viability of rural are waiting for the unanimous consent sent that it be in order to call up the hospitals (including small hospitals), clinics agreement that will kick off the following amendments and have them (including community health centers), or other health care providers; or evening, I feel compelled to make a reported en bloc: Manchin, No. 64; Nel- (2) reduce Federal funds upon which rural couple of comments. son, No. 13; Baldwin, No. 81; Tester, No. hospitals and community health centers I don’t want people to be confused as 104; Klobuchar, No. 172; Casey, No. 61; rely. the evening goes on. This is not the bill King, No. 60; Menendez, No. 83; Gilli- (b) WAIVER AND APPEAL.—Subsection (a) that repeals ObamaCare. This is the brand, No. 82; Manchin, No. 63; and Sta- may be waived or suspended in the Senate bill that sets up the process that will benow, No. 94. only by an affirmative vote of three-fifths of repeal ObamaCare. This is a prelimi- You will see, in spite of that listing, the Members, duly chosen and sworn. An af- nary step that is necessary in order to we are going to have some additional firmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall do what everybody is claiming will be consent needed here. be required to sustain an appeal of the ruling done tonight, and that is not accurate. I ask unanimous consent that those of the Chair on a point of order raised under So we will hear a bunch of things be on the list for now. subsection (a). that people are concerned about, but I further ask unanimous consent that AMENDMENT NO. 13 this bill in it has budget numbers. The at 6:15 p.m., all time be yielded back (Purpose: To create a point of order against budget numbers reflect where we are— and the Senate vote on the amend- legislation that would repeal health re- not where we would like to be and not ments in the order listed, except for forms that closed the prescription drug where we have been. They are just the the following amendments, which will coverage gap under Medicare) numbers of where we are. Then, in the be voted on first: Nelson, No. 13; King, At the end of title IV, add the following: resolution, there is a requirement that No. 60; a Barrasso side-by-side amend- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- the Finance Committee save $1 billion, ment, the text of which is at the desk; TION THAT WOULD REPEAL THE and the Health, Education, Labor, and Manchin, No. 64; that there be no sec- HEALTH REFORMS THAT CLOSED THE PRESCRIPTION DRUG COV- Pensions Committee save $1 billion, ond-degree amendments in order to ERAGE GAP UNDER MEDICARE. and they get to do that with some priv- these four amendments prior to the (a) POINT OF ORDER.—It shall not be in ileged legislation, as long as we keep it votes; finally, that there be 2 minutes, order in the Senate to consider any bill, privileged. There will be a number of equally divided between the managers joint resolution, motion, amendment,

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.037 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S250 CONGRESSIONAL RECORD — SENATE January 11, 2017 amendment between the Houses, or con- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND uals based on their occupation, unless legis- ference report that would repeal health re- RELATING TO LOWERING PRESCRIP- lation is enacted to provide comparable ben- form legislation that closed the coverage gap TION DRUG PRICES FOR AMERICANS efits and protections for such individuals. BY IMPORTING DRUGS FROM CAN- in the Medicare prescription drug program (b) WAIVER AND APPEAL.—Subsection (a) ADA AND OTHER COUNTRIES. under part D of title XVIII of the Social Se- may be waived or suspended in the Senate The Chairman of the Committee on the curity Act (42 U.S.C. 1395w–101 et seq.). only by an affirmative vote of three-fifths of Budget of the Senate may revise the alloca- (b) WAIVER AND APPEAL.—Subsection (a) the Members, duly chosen and sworn. An af- tions of a committee or committees, aggre- may be waived or suspended in the Senate firmative vote of three-fifths of the Members gates, and other appropriate levels in this only by an affirmative vote of three-fifths of of the Senate, duly chosen and sworn, shall resolution for one or more bills, joint resolu- the Members, duly chosen and sworn. An af- be required to sustain an appeal of the ruling tions, amendments, amendments between firmative vote of three-fifths of the Members of the Chair on a point of order raised under the Houses, motions, or conference reports of the Senate, duly chosen and sworn, shall subsection (a). be required to sustain an appeal of the ruling relating to lowering prescription drug prices, of the Chair on a point of order raised under including through the importation of safe AMENDMENT NO. 83 subsection (a). and affordable prescription drugs by Amer- (Purpose: To create a point of order against AMENDMENT NO. 81 ican pharmacists, wholesalers, and individ- legislation that would eliminate or reduce Federal funding to States under the Med- (Purpose: To create a point of order against uals with a valid prescription from a pro- icaid expansion) legislation that makes young people sick vider licensed to practice in the United again) States, by the amounts provided in such leg- At the end of title IV, add the following: islation for those purposes, provided that At the end of title IV, add the following: SEC. 4ll. POINT OF ORDER AGAINST ELIMI- such legislation would not increase the def- NATING OR REDUCING FEDERAL SEC. 4ll. DON’T MAKE YOUNG PEOPLE SICK icit over either the period of the total of fis- FUNDING TO STATES UNDER THE AGAIN. cal years 2017 through 2021 or the period of MEDICAID EXPANSION. (a) POINT OF ORDER.—It shall not be in (a) POINT OF ORDER.—It shall not be in order in the Senate to consider any bill, the total of fiscal years 2017 through 2026. order in the Senate to consider any bill, joint resolution, motion, amendment, AMENDMENT NO. 61 joint resolution, motion, amendment, amendment between the Houses, or con- (Purpose: To create a point of order against amendment between the Houses, or con- ference report that would make young people legislation that would make people with ference report that would eliminate or re- sick again. disabilities and chronic conditions sick duce funding to States available under law in (b) LEGISLATION THAT MAKES YOUNG PEO- again) effect on the date of the adoption of this sec- PLE SICK AGAIN.—For the purposes of sub- At the end of title IV, add the following: section (a), the term ‘‘would make young tion to provide comprehensive, affordable people sick again’’ with respect to legisla- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- health care to low-income Americans by TION THAT WOULD MAKE PEOPLE tion refers to any provision of a bill, joint eliminating or reducing the availability of WITH DISABILITIES AND CHRONIC Federal financial assistance to States avail- resolution, motion, amendment, amendment CONDITIONS SICK AGAIN. able under section 1905(y)(1) or 1905(z)(2) of between the Houses, or conference report, (a) POINT OF ORDER.—It shall not be in the Social Security Act (42 U.S.C. 1396d(y)(1), that would— order in the Senate to consider any bill, 1396d(z)(2)) or other means, unless the Direc- (1) reduce the number of young Americans joint resolution, motion, amendment, tor of the Congressional Budget Office cer- enrolled in public or private health insur- amendment between the Houses, or con- tifies that the legislation would not— ance coverage, as determined based on the ference report that would— (1) increase the number of uninsured Amer- March 2016 updated baseline budget projec- (1) limit, reduce, or eliminate access to icans; tions by the Congressional Budget Office; care for anyone with a pre-existing condi- (2) decrease Medicaid enrollment in States (2) weaken dependent coverage of children tion, such as a disability or chronic condi- that have opted to expand eligibility for to continue until the child turns 26 years of tion, as provided under section 2704 of the medical assistance under that program for age as afforded to them under Patient Pro- Public Health Service Act (42 U.S.C. 300gg–3), low-income, non-elderly individuals under tection and Affordable Care Act (Public Law as amended by the Patient Protection and the eligibility option established by the Af- 111-148); Affordable Care Act (Public Law 111–148); fordable Care Act under section (3) weaken access to care by increasing (2) place a lifetime or annual cap on health 1902(a)(10)(A)(i)(VIII) of the Social Security premiums or total out of pocket costs for insurance coverage for an individual with a Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)); young Americans with private insurance. disability or a chronic condition, as provided (c) WAIVER AND APPEAL.—Subsection (a) (3) reduce the likelihood that any State under section 2711 of the Public Health Serv- may be waived or suspended in the Senate that, as of the date of the adoption of this ice Act (42 U.S.C. 300gg–11), as amended by only by an affirmative vote of three-fifths of section, has not opted to expand Medicaid the Patient Protection and Affordable Care the Members, duly chosen and sworn. An af- under the eligibility option established by Act; or firmative vote of three-fifths of the Members the Affordable Care Act under section (3) allow a health plan or a provider to dis- of the Senate, duly chosen and sworn, shall 1902(a)(10)(A)(i)(VIII) of the Social Security criminate on the basis of an applicant’s be required to sustain an appeal of the ruling Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) would physical health, mental health, or disability of the Chair on a point of order raised under opt to use that eligibility option to expand status to increase the cost of care, provide subsection (a). eligibility for medical assistance under that for fewer benefits, or in any way decrease ac- AMENDMENT NO. 104 program for low-income, non-elderly individ- cess to health care as afforded under title I uals; and (Purpose: To create a point of order against of the Patient Protection and Affordable (4) increase the State share of Medicaid legislation that would limit veterans’ abil- Care Act. ity to choose VA health care) spending under that eligibility option. (b) WAIVER AND APPEAL.—Subsection (a) (b) WAIVER AND APPEAL.—Subsection (a) At the end of title IV, add the following: may be waived or suspended in the Senate may be waived or suspended in the Senate SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- only by an affirmative vote of three-fifths of only by an affirmative vote of three-fifths of TION THAT WOULD WEAKEN THE the Members, duly chosen and sworn. An af- the Members, duly chosen and sworn. An af- ABILITY OF THE DEPARTMENT OF firmative vote of three-fifths of the Members VETERANS AFFAIRS TO DIRECTLY firmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall FURNISH HEALTH CARE TO VET- of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling ERANS. be required to sustain an appeal of the ruling of the Chair on a point of order raised under It shall not be in order in the Senate to of the Chair on a point of order raised under subsection (a). consider any bill, joint resolution, motion, subsection (a). amendment, amendment between the AMENDMENT NO. 60 AMENDMENT NO. 82 Houses, or conference report that authorizes (Purpose: To create a point of order against (Purpose: To create a point of order against funding for non-Department of Veterans Af- legislation that would reduce health insur- legislation that makes women sick again) fairs-provided care, funded by the Depart- ance access and affordability for individ- ment of Veterans Affairs, which would re- uals based on their occupation) At the end of title IV, add the following: duce the availability of services directly pro- SEC. 4ll. DON’T MAKE WOMEN SICK AGAIN. vided by the Department of Veterans Affairs, At the end of title IV, add the following: (a) POINT OF ORDER.—It shall not be in including primary health care, mental SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- TION THAT WOULD REDUCE HEALTH order in the Senate to consider any bill, health care, rural health care, and prosthetic joint resolution, motion, amendment, care. INSURANCE ACCESS AND AFFORD- ABILITY FOR INDIVIDUALS BASED amendment between the Houses, or con- AMENDMENT NO. 172 ON THEIR OCCUPATION. ference report that makes women sick again (Purpose: To establish a deficit-neutral re- (a) POINT OF ORDER.—It shall not be in by eliminating or reducing access to wom- serve fund relating to lowering prescrip- order in the Senate to consider any bill, en’s health care, including decreases in ac- tion drug prices for Americans by import- joint resolution, motion, amendment, cess to, or coverage of, reproductive health ing drugs from Canada and other coun- amendment between the Houses, or con- care services including contraceptive coun- tries) ference report that would reduce health in- seling, birth control, and maternity care, At the end of title III, add the following: surance access and affordability for individ- and primary and preventive health care as

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afforded to them under the Patient Protec- AMENDMENT NO. 94 relating to strengthening Social Security tion and Affordable Care Act (Public Law (Purpose: To create a point of order against and repealing and replacing Obamacare, 111-148). legislation that would reduce or eliminate which may include step-by-step reforms pro- (b) LEGISLATION THAT MAKES WOMEN SICK access to mental health care) viding access to quality, affordable coverage for all Americans, maintaining access to AGAIN.—For the purposes of subsection (a), At the end of title IV, add the following: the term ‘‘makes women sick again’’ with re- critical rural health care services, and safe- SEC. 4ll. POINT OF ORDER AGAINST REDUCING guarding consumer protections, without spect to legislation refers to any provision of OR ELIMINATING ACCESS TO MEN- a bill, joint resolution, motion, amendment, TAL HEALTH CARE. raising new revenue, by the amounts pro- vided in such legislation for those purposes, amendment between the Houses, or con- (a) POINT OF ORDER.—It shall not be in provided that such legislation would not in- ference report, that would— order in the Senate to consider any bill, crease the deficit over either the period of (1) allow insurance companies to discrimi- joint resolution, motion, amendment, the total of fiscal years 2017 through 2021 or nate against women by— amendment between the Houses, or con- the period of the total of fiscal years 2017 (A) charging women higher premiums for ference report that the Director of the Con- through 2026. health care based on their gender; gressional Budget Office determines would (B) allowing pregnancy to be used as a pre- reduce access to mental health care and Mr. ENZI. I suggest the absence of a existing condition by which to deny women services or reduce the number of individuals quorum. coverage; with mental illness enrolled in insurance The PRESIDING OFFICER. The (C) permitting discrimination against pro- coverage, relative to the Congressional clerk will call the roll. viders who provide reproductive health care Budget Office’s March 2016 updated baseline, The legislative clerk proceeded to benefits or services to women; or by means such as— call the roll. (D) otherwise discriminating against (1) eliminating or reducing Federal finan- women based on their gender; cial assistance currently available to States Mr. ENZI. Mr. President, I ask unani- (2) reduce the number of women enrolled in under section 1905(y)(1) or 1905(z)(2) of the mous consent that the order for the health insurance coverage, as certified by Social Security Act (42 U.S.C. 1396d(y)(1), quorum call be rescinded. the Congressional Budget Office; or 1396d(z)(2)) or otherwise eliminating or re- The PRESIDING OFFICER. Without (3) eliminate, or reduce the scope or scale ducing mental health protections established objection, it is so ordered. of, the benefits women would have received by the Affordable Care Act, including the ad- AMENDMENT NO. 13 pursuant to the requirements under title I of dition of mental health services to the list of There is now 2 minutes of debate on the Patient Protection and Affordable Care services covered under section 1937(b)(5) of Act (Public Law 111-148) and the amend- the Social Security Act (42 U.S.C. 1396u– Nelson amendment No. 13. ments made to that title. 7(b)(5)); or The Senator from Florida. Mr. NELSON. Ladies and gentlemen (c) WAIVER AND APPEAL.—Subsection (a) (2) reducing the affordability of coverage may be waived or suspended in the Senate established by the Affordable Care Act’s con- of the Senate, if you really want to rile only by an affirmative vote of three-fifths of sumer protections, including— up the senior citizens of this country, the Members, duly chosen and sworn. An af- (A) the expansion of mental health parity then you start taking away their pre- firmative vote of three-fifths of the Members and addiction equity law to individual health scription drugs. If that is what you of the Senate, duly chosen and sworn, shall insurance coverage; want to do, then you better vote be required to sustain an appeal of the ruling (B) the prohibition on discriminating against enrollees with pre-existing condi- against my amendment. If you take of the Chair on a point of order raised under away the ACA, they are going to end subsection (a). tions such as mental illness; (C) coverage of preventive services like de- up paying $1,000 per year, out of pocket AMENDMENT NO. 63 pression screenings without cost-sharing; per senior citizen, on their prescription and (Purpose: To create a point of order against drug benefits. So if you want to sup- (D) the establishment of mental health legislation that would reduce access to port the seniors, you better support services as an essential health benefit. substance use disorder treatment and this amendment. (b) WAIVER AND APPEAL.—Subsection (a) worsen the opioid abuse epidemic) The PRESIDING OFFICER. The Sen- may be waived or suspended in the Senate ator from Wyoming. At the end of title IV, add the following: only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An af- Mr. ENZI. Mr. President, this amend- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- firmative vote of three-fifths of the Members ment is corrosive to the privilege of TION THAT WOULD REDUCE ACCESS of the Senate, duly chosen and sworn, shall the budget resolution. That means that TO SUBSTANCE USE DISORDER PRE- VENTION, TREATMENT, AND RECOV- be required to sustain an appeal of the ruling it is outside the scope of what is appro- ERY SERVICES AND WORSEN THE of the Chair on a point of order raised under priate for this budget resolution. Any OPIOID EPIDEMIC. subsection (a). inappropriate amendment could be (a) POINT OF ORDER.—It shall not be in The PRESIDING OFFICER. The Sen- fatal to the privilege of this resolution, order in the Senate to consider any bill, ator from Wyoming. which would destroy our efforts to re- joint resolution, motion, amendment, AMENDMENT NO. 173 peal ObamaCare. In other words, a vote amendment between the Houses, or con- Mr. ENZI. Mr. President, I call up in favor of this amendment is a vote ference report that would reduce the expan- against repealing ObamaCare. sion of access to substance use disorder pre- amendment No. 173 and ask unanimous vention, treatment, and recovery services es- consent that it be reported by number. In addition, this amendment is not tablished through the expansion of the Med- The PRESIDING OFFICER. Without germane to this budget resolution. icaid program under section XIX of the So- objection, it is so ordered. This budget resolution is much more cial Security Act (42 U.S.C. 1396 et seq.) and The clerk will report the amendment focused than a typical budget resolu- the consumer protections in the health in- by number. tion. The Congressional Budget Act re- surance market, including protections for in- The legislative clerk read as follows: quires that amendments to a budget dividuals with pre-existing conditions, the The Senator from Wyoming [Mr. ENZI], for resolution be germane. Since this establishment of mental health and sub- amendment does not meet that stand- stance use disorder services as essential Mr. BARRASSO, proposes an amendment num- health benefits, the requirement that pre- bered 173. ard required by budget law, a point of ventive services such as substance use dis- The amendment is as follows: order would lie; as such, I raise a point order screenings be covered without cost- (Purpose: To establish a deficit-neutral re- of order under section 305(b)(2) of the sharing at the point of service, and the ex- serve fund relating to rural health and re- Congressional Budget Act of 1974. pansion of mental health parity and addic- pealing and replacing Obamacare) The PRESIDING OFFICER. The Sen- tion equity law to cover health plans in the At the end of title III, add the following: ator from Vermont. individual market, and in so doing, worsen Mr. SANDERS. Mr. President, pursu- the opioid epidemic. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO RURAL HEALTH AND ant to section 904 of the Congressional (b) WAIVER AND APPEAL.—Subsection (a) REPEALING AND REPLACING Budget Act of 1974, I move to waive may be waived or suspended in the Senate OBAMACARE. section 305(b) of that act for purposes only by an affirmative vote of three-fifths of The Chairman of the Committee on the of the pending amendment, and I ask the Members, duly chosen and sworn. An af- Budget of the Senate may revise the alloca- for the yeas and nays. firmative vote of three-fifths of the Members tions of a committee or committees, aggre- of the Senate, duly chosen and sworn, shall gates, and other appropriate levels in this The PRESIDING OFFICER. Is there a be required to sustain an appeal of the ruling resolution for one or more bills, joint resolu- sufficient second? of the Chair on a point of order raised under tions, amendments, amendments between There appears to be a sufficient sec- subsection (a). the Houses, motions, or conference reports ond.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.006 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S252 CONGRESSIONAL RECORD — SENATE January 11, 2017 The question is on agreeing to the it cannot be germane since the stated NAYS—50 motion to waive. purpose of this bill is to begin the proc- Alexander Flake Paul The clerk will call the roll. ess of repealing the Affordable Care Barrasso Gardner Perdue The bill clerk called the roll. Act. Blunt Graham Portman Boozman Grassley Risch Mr. CORNYN. The following Senator I ask my colleagues to vote with me. Burr Hatch Roberts is necessarily absent: the Senator from This is protecting workers in rural Capito Heller Rounds Alabama (Mr. SESSIONS). America. Cassidy Hoeven Rubio Cochran Inhofe Sasse Mr. DURBIN. I announce that the Corker Isakson The PRESIDING OFFICER. The Sen- Scott Senator from California (Mrs. FEIN- Cornyn Johnson ator’s time has expired. Shelby Cotton Kennedy STEIN) is necessarily absent. Sullivan The Senator from Wyoming. Crapo Lankford The PRESIDING OFFICER. Are there Thune Mr. ENZI. Mr. President, this amend- Cruz Lee any other Senators in the Chamber de- Daines McCain Tillis siring to vote? ment is outside of the scope of what is Enzi McConnell Toomey The yeas and nays resulted—yeas 47, appropriate for this budget resolution. Ernst Moran Wicker Young nays 51, as follows: It is corrosive to the privilege of the Fischer Murkowski [Rollcall Vote No. 7 Leg.] budget. Any inappropriate amendment NOT VOTING—2 could be fatal to the privilege of this YEAS—47 Feinstein Sessions resolution, which would destroy our ef- The PRESIDING OFFICER. On this Baldwin Harris Nelson forts to repeal ObamaCare. In other Bennet Hassan Peters vote, the yeas are 48, the nays are 50. Blumenthal Heinrich Reed words, a vote in favor of this amend- Three-fifths of the Senators duly cho- Booker Heitkamp Sanders ment is a vote against repealing sen and sworn not having voted in the Brown Hirono Schatz ObamaCare. Cantwell Kaine affirmative, the motion is rejected. Schumer In addition, this amendment is not Cardin King Shaheen The point of order is sustained and Carper Klobuchar Stabenow germane to this budget resolution. the amendment falls. Casey Leahy Tester This budget resolution is much more Coons Manchin AMENDMENT NO. 173 Udall Cortez Masto Markey focused than a typical budget resolu- There will now be 2 minutes of debate Van Hollen Donnelly McCaskill tion. Warner prior to the vote on Barrasso amend- Duckworth Menendez The Congressional Budget Act re- Durbin Merkley Warren ment No. 173. Franken Murphy Whitehouse quires that amendments to a budget The Senator from Wyoming. Gillibrand Murray Wyden resolution be germane. Since this Mr. BARRASSO. Mr. President, this NAYS—49 amendment does not meet the standard is a side-by-side amendment to the required by law, a point of order would Manchin amendment. As a doctor, I un- Alexander Fischer Murkowski Barrasso Flake Paul lie; as such, I raise a point of order derstand how ObamaCare has been a Blunt Gardner Perdue under section 305(b)(2) of the Congres- disaster for patients and for health Boozman Graham Portman sional Budget Act of 1974. care providers. Because of this law, Burr Grassley Risch Capito Hatch Roberts Mr. KING. Mr. President, pursuant to Americans have been left with higher Cassidy Heller Rounds section 904 of the Congressional Budget premiums and fewer choices. This Cochran Hoeven Rubio Act of 1974, I move to waive section budget is an important first step in Collins Inhofe Sasse giving Americans better and more af- Corker Isakson Scott 305(b) of that act for purposes of the Cornyn Johnson Shelby pending amendment, and I ask for the fordable health care. Cotton Kennedy Sullivan yeas and nays. I am especially aware of the impor- Crapo Lankford Thune The PRESIDING OFFICER. Is there a tance of helping folks in rural Amer- Cruz Lee Tillis ica, people who have been especially Daines McCain Toomey sufficient second? hard hit by the policies of the Obama Enzi McConnell Wicker There appears to be a sufficient sec- Ernst Moran Young administration. Since 2010, more than ond. 70 rural hospitals have closed across NOT VOTING—2 The question is on agreeing to the Feinstein Sessions the United States and Ezekiel Eman- motion to waive. uel, who is the architect of Obamacare, The PRESIDING OFFICER. On this The clerk will call the roll. wrote a book, and he said that 1,000 vote, the yeas are 47, the nays are 51. The senior assistant legislative clerk hospitals have to close in the United Three-fifths of the Senators duly cho- called the roll. States. That is what he called for, sen and sworn not having voted in the Mr. CORNYN. The following Senator 1,000. We are talking about rural hos- affirmative, the motion is rejected. is necessarily absent: the Senator from pitals all around this country. The point of order is sustained and Alabama (Mr. SESSIONS). So for people in small towns all the amendment falls. Mr. DURBIN. I announce that the across the Nation, the closures we have AMENDMENT NO. 60 Senator from California (Mrs. FEIN- already experienced, these 70 closures, There is now 2 minutes of debate STEIN) is necessarily absent. have had a devastating impact. My prior to a vote on King amendment No. amendment says that Congress is ready The PRESIDING OFFICER (Mr. 60. to help all Americans but especially PERDUE). Are there any other Senators The Senator from Maine. those living in rural America who have in the Chamber desiring to vote? Mr. KING. Mr. President, I call this been hurt by ObamaCare. the Protect Workers in Rural America The yeas and nays resulted—yeas 48, The PRESIDING OFFICER. The Sen- amendment. One of the lesser known nays 50, as follows: ator from Vermont. provisions of the Affordable Care Act is [Rollcall Vote No. 8 Leg.] Mr. SANDERS. Mr. President, I urge that it doesn’t allow insurance compa- YEAS—48 a strong ‘‘no’’ vote on the Barrasso nies to discriminate against people be- Baldwin Gillibrand Murray amendment. The language calls for cause of their occupations. Bennet Harris Nelson strengthening Social Security, but we Before the Affordable Care Act, if Blumenthal Hassan Peters all know what strengthening Social Se- you were a logger or a farmer, a fisher- Booker Heinrich Reed curity means. It means cutting Social Brown Heitkamp Sanders man, a miner, you could get exorbitant Cantwell Hirono Schatz Security. It means cutting Medicare. It rates decided by some bureaucrat at an Cardin Kaine Schumer means cutting Medicaid. We are into insurance company somewhere, and Carper King Shaheen Orwellian language. ‘‘Strengthening’’ Casey Klobuchar Stabenow this is wrong. Collins Leahy Tester is not cutting programs, it is not So what I am trying to do is prohibit Coons Manchin Udall throwing 20 million Americans off discrimination by occupation. We are Cortez Masto Markey Van Hollen health insurance, it is not privatizing trying to save an important part of Donnelly McCaskill Warner Medicare, it is not raising prescription Duckworth Menendez Warren this law. My distinguished chairman Durbin Merkley Whitehouse drug costs for senior citizens. I urge a said this isn’t germane. I don’t see how Franken Murphy Wyden ‘‘no’’ vote on the Barrasso amendment.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.041 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S253 The PRESIDING OFFICER. The Sen- McCaskill Reed Udall joint resolution, motion, amendment, ator from West Virginia. Menendez Sanders Van Hollen amendment between the Houses, or con- Merkley Schatz Warner Mr. MANCHIN. Mr. President, I am ference report that would change the Medi- Murphy Schumer Warren care program, the Medicaid program, or the Murray Shaheen rising because I oppose this amend- Whitehouse number of Americans enrolled in private ment because this is not the way this Nelson Stabenow Wyden Peters Tester health insurance coverage, in a manner that body should work. The politics of the would result in reduced revenue to hospitals, people spoke loud and clear. Politics is NOT VOTING—2 health care centers, and physicians and not going to be accepted. I have an Feinstein Sessions other health care providers, thereby reduc- amendment with a point of order, and The PRESIDING OFFICER. On this ing their investments in health care delivery this amendment was pushed in in front vote, the yeas are 51, the nays are 47. system reforms that improve patient health outcomes and reduce costs. of this vote so it would be a Republican Three-fifths of the Senators duly cho- (c) WAIVER AND APPEAL.—Subsection (b) vote and not a Democratic, and I can sen and sworn not having voted in the may be waived or suspended in the Senate tell you, I am sick and tired of it, and affirmative, the motion is rejected. only by an affirmative vote of three-fifths of the people of America are too. The point of order is sustained and the Members, duly chosen and sworn. An af- The PRESIDING OFFICER. The Sen- the amendment falls. firmative vote of three-fifths of the Members ator’s time has expired. The Senator from Vermont. of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling The question is on the Barrasso AMENDMENTS NOS. 143, 86, AND 126 EN BLOC of the Chair on a point of order raised under amendment. Mr. SANDERS. Mr. President, I ask subsection (b). Mr. MANCHIN. Mr. President, I raise unanimous consent that the following AMENDMENT NO. 86 a point of order that the pending amendments be called up en bloc and (Purpose: To create a point of order against amendment is not germane to the un- reported by number, and that they be legislation that would undermine the his- derlying resolution and therefore vio- considered following disposition of the toric coverage gains the United States has lates section 305(b)(2) of the Congres- Stabenow amendment No. 94: Cantwell made in children’s health, which have re- sional Budget Act of 1974. amendment No. 143; Brown amendment sulted in the lowest uninsured rate for The PRESIDING OFFICER. The Sen- No. 86; and Coons amendment No. 126. children in the Nation’s history) ator from Wyoming. The PRESIDING OFFICER. Is there At the end of title IV, add the following: Mr. BARRASSO. Mr. President, pur- objection? SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- Without objection, it is so ordered. TION THAT WOULD UNDERMINE AC- suant to section 904 of the Congres- CESS TO COMPREHENSIVE, AFFORD- sional Budget Act of 1974, and the waiv- The clerk will report the amend- ABLE HEALTH COVERAGE FOR er provisions of applicable budget reso- ments by number. AMERICA’S CHILDREN. lutions, I move to waive all applicable The senior assistant legislative clerk (a) POINT OF ORDER.—It shall not be in sections of that act and applicable read as follows: order in the Senate to consider any bill, The Senator from Vermont [Mr. SANDERS], joint resolution, motion, amendment, budget resolutions for purposes of amendment between the Houses, or con- amendment No. 173, and I ask for the for others, proposes amendments numbered 143, 86, and 126 en bloc. ference report that makes changes to the yeas and nays. Medicaid program under title XIX of the So- The PRESIDING OFFICER. Is there a The amendments are as follows: cial Security Act (42 U.S.C. et seq.), the Chil- second? AMENDMENT NO. 143 dren’s Health Insurance Program under title There is a sufficient second. (Purpose: To create a point of order against XXI (42 U.S.C. 1397aa et seq.), or Federal re- The question is on agreeing to the any changes to the Medicare program, the quirements for private health insurance cov- erage unless the Congressional Budget Office motion to waive. Medicaid program, or the number of Amer- icans enrolled in private health insurance certifies that such changes would not result The clerk will call the roll. coverage, in a manner that would result in in lower coverage rates, reduced benefits, or The bill clerk called the roll. reduced revenue to hospitals, health care decreased affordability for children receiving Mr. CORNYN. The following Senator centers, and physicians and other health coverage through the Medicaid Program, the is necessarily absent: the Senator from care providers, thereby reducing their in- Children’s Health Insurance Program, or the Alabama (Mr. SESSIONS). vestments in health care delivery system private insurance markets established under Mr. DURBIN. I announce that the reforms that improve patient health out- the Patient Protection and Affordable Care comes and reduce costs) Act. Senator from California (Mrs. FEIN- (b) WAIVER AND APPEAL.—Subsection (a) STEIN) is necessarily absent. At the end of title IV, add the following: may be waived or suspended in the Senate The PRESIDING OFFICER. Are there SEC. 4ll. POINT OF ORDER AGAINST ANY only by an affirmative vote of three-fifths of CHANGES TO THE MEDICARE PRO- the Members, duly chosen and sworn. An af- any other Senators in the Chamber de- GRAM, THE MEDICAID PROGRAM, OR siring to vote? THE NUMBER OF AMERICANS EN- firmative vote of three-fifths of the Members The yeas and nays resulted—yeas 51, ROLLED IN PRIVATE HEALTH INSUR- of the Senate, duly chosen and sworn, shall nays 47, as follows: ANCE COVERAGE, IN A MANNER be required to sustain an appeal of the ruling THAT WOULD RESULT IN REDUCED of the Chair on a point of order raised under [Rollcall Vote No. 9 Leg.] REVENUE TO HOSPITALS, HEALTH subsection (a). CARE CENTERS, AND PHYSICIANS YEAS—51 AMENDMENT NO. 126 AND OTHER HEALTH CARE PRO- Alexander Fischer Murkowski VIDERS, THEREBY REDUCING THEIR (Purpose: To create a point of order against Barrasso Flake Paul INVESTMENTS IN HEALTH CARE DE- legislation that would permit lifetime lim- Blunt Gardner Perdue LIVERY SYSTEM REFORMS THAT IM- its on health care coverage) Boozman Graham Portman PROVE PATIENT HEALTH OUT- At the end of title IV, add the following: Burr Grassley Risch COMES AND REDUCE COSTS. Capito Hatch Roberts SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- (a) FINDINGS.—The Senate finds the fol- Cassidy Heller Rounds TION THAT WOULD PERMIT LIFE- Cochran Hoeven Rubio lowing: TIME LIMITS ON HEALTH CARE COV- Collins Inhofe Sasse (1) The Affordable Care Act is moving the ERAGE. Corker Isakson Scott health care system of the United States from (a) POINT OF ORDER.—It shall not be in Cornyn Johnson Shelby a fee-for-service system that frequently order in the Senate to consider any bill, Cotton Kennedy Sullivan incentivizes the overutilization of health joint resolution, motion, amendment, Crapo Lankford Thune care services and wasteful health care spend- amendment between the Houses, or con- Cruz Lee Tillis ing to a value- and performance-based health ference report that would permit lifetime Daines McCain Toomey Enzi McConnell Wicker care system that promotes patient-centered limits on health care coverage. Ernst Moran Young and team-based care to keep Americans as (b) WAIVER AND APPEAL.—Subsection (a) healthy as possible, improve health out- may be waived or suspended in the Senate NAYS—47 comes, and lower health care costs. only by an affirmative vote of three-fifths of Baldwin Coons Heinrich (2) Because of the investments in health the Members, duly chosen and sworn. An af- Bennet Cortez Masto Heitkamp care delivery system reforms made by the firmative vote of three-fifths of the Members Blumenthal Donnelly Hirono Affordable Care Act, a third of Medicare pay- of the Senate, duly chosen and sworn, shall Booker Duckworth Kaine ments to health care providers are now based be required to sustain an appeal of the ruling Brown Durbin King on the overall quality of patient care and of the Chair on a point of order raised under Cantwell Franken Klobuchar subsection (a). Cardin Gillibrand Leahy health outcomes achieved by such providers. Carper Harris Manchin (b) POINT OF ORDER.—It shall not be in The PRESIDING OFFICER. The Sen- Casey Hassan Markey order in the Senate to consider any bill, ator from Wyoming.

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.043 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S254 CONGRESSIONAL RECORD — SENATE January 11, 2017 AMENDMENTS NOS. 167 AND 176 EN BLOC tions of a committee or committees, aggre- The PRESIDING OFFICER. Without Mr. ENZI. Mr. President, I ask unani- gates, and other appropriate levels in this objection, it is so ordered. mous consent that following disposi- resolution for one or more bills, joint resolu- The Senator from West Virginia. tion of the Manchin amendment No. 64, tions, amendments, amendments between Mr. MANCHIN. Mr. President, pursu- the Senate vote in relation to the fol- the Houses, motions, or conference reports relating to improving veterans’ housing and ant to section 904 of the Congressional lowing amendments in the order listed, health care for veterans and their depend- Budget Act of 1974, I move to waive with all other provisions of the pre- ents, which may include repealing section 305(b)(2) of that act for pur- vious order remaining in effect; fur- Obamacare, facilitating medical facility poses of the pending amendment, and I ther, that there be no second-degree leases, reforming veterans housing programs, ask for the yeas and nays. amendments in order to the amend- and prohibiting the Secretary of Veterans The PRESIDING OFFICER. Is there a ments listed; and, finally, that the Affairs from employing individuals who have sufficient second? Heller amendment No. 167 and the been convicted of a felony and medical per- sonnel who have ever had their medical li- There appears to be a sufficient sec- Flake amendment No. 176 be called up ond. and reported by number en bloc. censes or credentials revoked or suspended, by the amounts provided in such legislation The question is on agreeing to the The PRESIDING OFFICER. Is there for those purposes, provided that such legis- motion to waive. objection? lation would not increase the deficit over ei- The clerk will call the roll. Without objection, it is so ordered. ther the period of the total of fiscal years The senior assistant legislative clerk The clerk will report the amend- 2017 through 2021 or the period of the total of called the roll. ments by number. fiscal years 2017 through 2026. The bill clerk read as follows: Mr. CORNYN. The following Senator AMENDMENT NO. 64 is necessarily absent: the Senator from The Senator from Wyoming [Mr. ENZI], for The PRESIDING OFFICER. There is Alabama (Mr. SESSIONS). others, proposes amendments numbered 167 now 2 minutes of debate prior to a vote and 176 en bloc. Mr. DURBIN. I announce that the on Manchin amendment No. 64. The amendments are as follows: Senator from California (Mrs. FEIN- The Senator from West Virginia. STEIN) is necessarily absent. AMENDMENT NO. 167 Mr. MANCHIN. Mr. President, basi- The PRESIDING OFFICER. Are there (Purpose: To establish a deficit-neutral re- cally, if you are concerned about your any other Senators in the Chamber de- serve fund relating to strengthening Social rural hospital or health care system siring to vote? Security and repealing Obamacare, which centers, this is the amendment that has increased health care costs, raised The yeas and nays resulted—yeas 51, taxes on middle-class families, reduced ac- will save them. This is the amendment nays 47, as follows: that will protect them. You can go cess to high quality care, created disincen- [Rollcall Vote No. 10 Leg.] tives for work, and caused tens of thou- home and say, basically, that we have sands of Americans to lose coverage they made sure that no matter what hap- YEAS—51 had and liked, and replacing it with pa- pens with the Affordable Care Act, we Baldwin Gillibrand Murray tient-centered, step-by-step health reforms Bennet Harris Nelson are going to make sure we protect our Blumenthal Hassan Peters that provide access to quality, affordable rural hospitals and rural clinics. That private health care coverage for all Ameri- Booker Heinrich Portman Brown Heitkamp Reed can’s and their families by increasing com- being said, all of us have rural areas in our States. I urge the adoption of this Cantwell Heller Sanders petition, State flexibility and individual Capito Hirono Schatz choice, and safeguarding consumer protec- amendment and the support of this Cardin Kaine Schumer tions that Americans support) amendment. It has the teeth of the Carper King Shaheen At the end of title III, add the following: budget point of order. Casey Klobuchar Stabenow Collins Leahy Tester SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND So I urge everybody: If you care Coons Manchin Udall RELATING TO STRENGTHENING SO- about your health care providers—the Cortez Masto Markey Van Hollen CIAL SECURITY OR REPEALING AND Donnelly McCaskill Warner REPLACING OBAMACARE. economic engine, the protection of your people in your areas that have Duckworth Menendez Warren The Chairman of the Committee on the Durbin Merkley Whitehouse Budget of the Senate may revise the alloca- very poor health care coverage right Franken Murphy Wyden tions of a committee or committees, aggre- now—make sure you vote in support of gates, and other appropriate levels in this this amendment. NAYS—47 resolution for one or more bills, joint resolu- The PRESIDING OFFICER. The Sen- Alexander Flake Paul tions, amendments, amendments between Barrasso Gardner Perdue ator from Wyoming. Blunt Graham the Houses, motions, or conference reports Mr. ENZI. Mr. President, this amend- Risch relating to strengthening Social Security or Boozman Grassley Roberts repealing and replacing Obamacare, which ment is not germane to this budget res- Burr Hatch Rounds may include step-by-step health reforms pro- olution. This budget resolution is fo- Cassidy Hoeven Rubio Cochran Inhofe viding access to quality, affordable coverage cused on defeating ObamaCare. So any- Sasse Corker Isakson Scott for all Americans, safeguarding consumer thing other than that is outside of the Cornyn Johnson Shelby protections, strengthening Medicare, and im- Cotton Kennedy scope of the repeal resolution. Sullivan proving Medicaid, without raising new rev- Crapo Lankford The Congressional Budget Act re- Thune enue, by the amounts provided in such legis- Cruz Lee quires that amendments to a budget Tillis lation for those purposes, provided that such Daines McCain resolution be germane. Since this Enzi McConnell Toomey legislation would not increase the deficit Wicker over either the period of the total of fiscal amendment doesn’t meet the standard Ernst Moran Fischer Murkowski Young years 2017 through 2021 or the period of the required by budget law, a point of order total of fiscal years 2017 through 2026. would lie. NOT VOTING—2 AMENDMENT NO. 176 So I am compelled as chairman of the Feinstein Sessions Senate Budget Committee to raise a (Purpose: To establish a deficit-neutral re- The PRESIDING OFFICER. On this serve fund relating to enhancing health point of order against the amendment vote, the yeas are 51, the nays are 47. care and housing for veterans and their de- under section 305(b)(2) of the Congres- Three-fifths of the Senators duly cho- pendents by repealing Obamacare, facili- sional Budget Act of 1974. tating medical facility leases, and prohib- The PRESIDING OFFICER. The Sen- sen and sworn not having voted in the iting the Secretary of Veterans Affairs ator from West Virginia. affirmative, the motion is rejected. from employing individuals who have been Mr. MANCHIN. Mr. President, pursu- The point of order is sustained and convicted of a felony and medical per- the amendment falls. sonnel who have ever had their medical li- ant to section 904—— AMENDMENT NO. 167 censes or credentials revoked or sus- The PRESIDING OFFICER. The Sen- pended) ator from Wyoming. The PRESIDING OFFICER. There is At the end of title III, add the following: Mr. ENZI. Mr. President, making a now 2 minutes of debate prior to a vote SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND clarification that the numbers of the on Heller amendment No. 167. RELATING TO ENHANCING VET- amendments done in the unanimous The Senator from Nevada. ERANS HEALTH CARE, HOUSING, consent are Heller amendment No. 167, Mr. HELLER. Mr. President, amend- AND THE WORKFORCE OF THE DE- PARTMENT OF VETERANS AFFAIRS. Baldwin amendment No. 81, Flake ment No. 167 is a side-by-side. This The Chairman of the Committee on the amendment No. 176, and Tester amend- amendment makes good on two prom- Budget of the Senate may revise the alloca- ment No. 104. ises to the American people. One is to

VerDate Sep 11 2014 07:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.045 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S255 repeal ObamaCare, which has increased There appears to be a sufficient sec- my 20s, I championed the provision costs, limited health care choices, and ond. that allows young people to stay on has raised $1.1 trillion in taxes on the The question is on agreeing to the their parents’ health insurance during American people in the middle class. motion to waive. my time in the House of Representa- It also makes good on a second prom- The clerk will call the roll. tives. Before we passed health care re- ise; that is, Congress will replace The bill clerk called the roll. form, I heard from countless young ObamaCare with health care reforms Mr. CORNYN. The following Senator adults and college-age students in Wis- that provide access to quality, afford- is necessarily absent: the Senator from consin who are just starting out in the able health care coverage, not just to Alabama (Mr. SESSIONS). workforce, many of them in jobs that dependents under the age of 26 but to Mr. DURBIN. I announce that the had no health care. all Americans—women, children, sen- Senator from California (Mrs. FEIN- The PRESIDING OFFICER. The Sen- iors, and disabled. We shouldn’t be STEIN) is necessarily absent. ator’s time has expired. choosing winners and losers. The PRESIDING OFFICER. Are there Ms. BALDWIN. I urge my colleagues A vote against this amendment is a any other Senators in the Chamber de- to stand with me and vote in support of vote against affordable, quality health siring to vote? this amendment to protect our future care for all, and I urge my colleagues The yeas and nays resulted—yeas 51, generations with health care coverage. to support it. nays 47, as follows: The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 11 Leg.] ator from Wyoming. ator from Wisconsin. YEAS—51 Mr. ENZI. Mr. President, this amend- Ms. BALDWIN. Mr. President, I Alexander Fischer Murkowski ment is not germane to this budget res- would like to divide the time, claim 30 Barrasso Flake Paul olution. The Congressional Budget Act seconds, and then yield to Senator Blunt Gardner Perdue requires that amendments to a budget Boozman Graham Portman SANDERS. Burr Grassley Risch resolution be germane. Since this The PRESIDING OFFICER. Without Capito Hatch Roberts amendment does not meet the standard objection, it is so ordered. Cassidy Heller Rounds required by budget law, a point of order Ms. BALDWIN. Mr. President, if Cochran Hoeven Rubio Collins Inhofe Sasse would lie against it. Members of this body care about insur- Corker Isakson Scott I am compelled as chairman of the ance coverage for young people, young Cornyn Johnson Shelby Committee on the Budget to raise a adults up to age 26, then they should Cotton Kennedy Sullivan point of order against this amendment vote no on the Heller side-by-side and Crapo Lankford Thune Cruz Lee Tillis under section 305(b)(2) of the Congres- take the opportunity to support my Daines McCain Toomey sional Budget Act of 1974. amendment that we will vote on imme- Enzi McConnell Wicker The PRESIDING OFFICER. The Sen- diately following the disposal of this Ernst Moran Young ator from Wisconsin. amendment. NAYS—47 Ms. BALDWIN. Mr. President, pursu- In this Nation, we had an Baldwin Harris Nelson ant to section 904 of the Congressional uninsurance crisis among young people Bennet Hassan Peters Budget Act of 1974, I move to waive before the Affordable Care Act was Blumenthal Heinrich Reed section 305(b)(2) of that act for the pur- passed—one of the most uninsured de- Booker Heitkamp Sanders Brown Hirono Schatz poses of the pending amendment, and I mographics in America, and we have an Cantwell Kaine Schumer ask for the yeas and nays. opportunity to protect those young Cardin King Shaheen The PRESIDING OFFICER. Is there a people through my amendment later Carper Klobuchar Stabenow Casey Leahy sufficient second? Tester this evening, but I urge a ‘‘no’’ vote on Coons Manchin There is a sufficient second. Udall an amendment that would do nothing Cortez Masto Markey Van Hollen The question is on agreeing to the Donnelly McCaskill to protect these young people. Warner motion to waive. The PRESIDING OFFICER. The Sen- Duckworth Menendez Durbin Merkley Warren The clerk will call the roll. ator from Vermont. Franken Murphy Whitehouse The legislative clerk called the roll. Mr. SANDERS. Mr. President, this Gillibrand Murray Wyden Mr. CORNYN. The following Senator amendment should be aptly called the NOT VOTING—2 is necessarily absent: the Senator from Orwellian amendment because it says Feinstein Sessions Alabama (Mr. SESSIONS). one thing and does something very The PRESIDING OFFICER. On this Mr. DURBIN. I announce that the much the opposite. It talks about Senator from California (Mrs. FEIN- strengthening Social Security, afford- vote, the yeas are 51, the nays are 47. Three-fifths of the Senators duly cho- STEIN) is necessarily absent. able coverage for all Americans. What The PRESIDING OFFICER (Mr. is really going on is a desire to cut So- sen and sworn not having voted in the affirmative, the motion is rejected. GARDNER). Are there any other Sen- cial Security benefits and throw 20 mil- ators in the Chamber desiring to vote? lion Americans off of health insurance. The point of order is sustained and the amendment falls. The yeas and nays resulted—yeas 48, I urge the defeat of this amendment. nays 50, as follows: The PRESIDING OFFICER. The Sen- AMENDMENT NO. 81 [Rollcall Vote No. 12 Leg.] ator from Nevada. Under the previous order, there will Mr. HELLER. Mr. President, pursu- be 2 minutes of debate equally divided YEAS—48 ant to section 904 of the Congressional prior to a vote on Baldwin amendment Baldwin Gillibrand Murray Bennet Harris Nelson Budget Act of 1974 and the waiver pro- No. 81. Blumenthal Hassan Peters visions of applicable budget resolu- The Senator from Wisconsin. Booker Heinrich Reed tions, I move to waive all applicable Ms. BALDWIN. Mr. President, my Brown Heitkamp Sanders sections of that act and applicable amendment protects the Affordable Cantwell Hirono Schatz Cardin Kaine Schumer budget resolutions for the purposes of Care Act benefits for young people, in- Carper King Shaheen my amendment, and I ask for the yeas cluding the provision that allows Casey Klobuchar Stabenow and nays. young adults to remain on their par- Collins Leahy Tester Coons Manchin Udall The PRESIDING OFFICER. The Sen- ents’ health plan until age 26. It will Cortez Masto Markey Van Hollen ator from Vermont. safeguard our future generations by Donnelly McCaskill Warner Mr. SANDERS. Mr. President, I raise blocking Republican efforts that would Duckworth Menendez Warren a point of order that the pending weaken dependent coverage, increase Durbin Merkley Whitehouse Franken Murphy Wyden amendment is not germane to the un- premiums or out-of-pocket costs, in- derlying resolution and therefore vio- cluding the premium tax credits, or re- NAYS—50 lates section 305(b)(2)of the Congres- duce the number of young adults who Alexander Capito Cotton sional Budget Act of 1974. are currently insured. Barrasso Cassidy Crapo Blunt Cochran Cruz The PRESIDING OFFICER. Is there a As someone who didn’t have access to Boozman Corker Daines sufficient second? quality health insurance until I was in Burr Cornyn Enzi

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.047 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S256 CONGRESSIONAL RECORD — SENATE January 11, 2017 Ernst Kennedy Rounds The PRESIDING OFFICER. The Sen- maining in effect; further, that there Fischer Lankford Rubio ator from Arizona. be no second-degree amendments in Flake Lee Sasse Gardner McCain Scott Mr. FLAKE. Mr. President, pursuant order to the amendment. Graham McConnell Shelby to section 904 of the Congressional The PRESIDING OFFICER. Is there Grassley Moran Sullivan Budget Act of 1974 and the waiver pro- objection? Hatch Murkowski Thune visions of applicable budget resolu- Without objection, it is so ordered. Heller Paul Tillis Hoeven Perdue AMENDMENT NO. 104 Toomey tions, I move to waive all applicable Inhofe Portman Wicker sections of the act and applicable budg- There will now be 2 minutes of debate Isakson Risch Young Johnson Roberts et resolutions for purposes of amend- prior to the vote on Tester amendment ment No. 176, and I ask for the yeas and No. 104. NOT VOTING—2 nays. The Senator from Montana. Feinstein Sessions The PRESIDING OFFICER. Is there a Mr. TESTER. Mr. President, today I The PRESIDING OFFICER. On this sufficient second? offer an amendment on behalf of the vote, the yeas are 48, the nays are 50. There appears to be a sufficient sec- Nation’s more than 21 million veterans Three-fifths of the Senators duly cho- ond. and the more than 100,000 veterans who sen and sworn not having voted in the The question is on agreeing to the reside in the State of Montana. As I affirmative, the motion is rejected. motion to waive. travel across my State, I hear from The point of order is sustained, and The clerk will call the roll. veterans who say: We don’t want the the amendment falls. The senior assistant legislative clerk VA privatized. As I talk to my friends AMENDMENT NO. 176 called the roll. on both sides of the aisle, they talk There is now 2 minutes of debate Mr. CORNYN. The following Senator about the fact that we do not want the prior to the vote on Flake amendment is necessarily absent: the Senator from VA privatized. No. 176. Alabama (Mr. SESSIONS). Here is an amendment you can vote The Senator from Arizona. Mr. DURBIN. I announce that the for; in fact, it should pass by unani- Mr. FLAKE. Mr. President, I rise in Senator from California (Mrs. FEIN- mous consent. What it does is bring a favor of Flake amendment No. 176. STEIN) is necessarily absent. budget point of order against any pro- We have had problems, obviously, The PRESIDING OFFICER. Are there vision that would limit the veterans’ with the VA. Phoenix, AZ, has been any other Senators in the Chamber de- ability to choose VA health care. It is kind of ground zero for that. Part of siring to vote? as simple as that. It needs to happen so the problem is that the VA has no The yeas and nays resulted—yeas 50, we don’t privatize the VA. The vet- strong prohibition against hiring fel- nays 48, as follows: ons, and we have had example after ex- erans I talk to, once they get through ample around the country of their con- [Rollcall Vote No. 13 Leg.] the door, love the care the VA provides tinuing to hire felons or those who YEAS—50 them. I would encourage a ‘‘yes’’ vote have been disciplined by the profession. Alexander Fischer Murkowski on this amendment. So this would simply require that they Barrasso Flake Paul The PRESIDING OFFICER. The Sen- Blunt Gardner fire felons who are on their rolls. Perdue ator from Wyoming. Boozman Graham Risch Mr. ENZI. Mr. President, I am hoping I urge support and yield the floor. Burr Grassley Roberts we can do something for the veterans The PRESIDING OFFICER. The Sen- Capito Hatch Rounds ator from Montana. Cassidy Heller Rubio in a bipartisan way under a bill that Cochran Hoeven Sasse Senator ISAKSON worked on for a long Mr. TESTER. Mr. President, the Collins Inhofe Scott Flake amendment is going to really re- Corker Isakson time, but on this amendment, the Con- Shelby Cornyn Johnson gressional Budget Act requires that sult in less access for veterans across Sullivan Cotton Kennedy amendments to a budget resolution be this country. Thune Crapo Lankford germane. Since this amendment The VA already has some hiring chal- Cruz Lee Tillis lenges due to a severe national short- Daines McCain Toomey doesn’t meet the standard required by age of medical personnel. This amend- Enzi McConnell Wicker budget law, a point of order would lie, ment is going to set the VA back even Ernst Moran Young so I would raise a point of order further. NAYS—48 against this amendment under section I will tell you why. It is going to pro- Baldwin Harris Nelson 305(b)(2) of the Congressional Budget hibit the VA from hiring any medical Bennet Hassan Peters Act of 1974. professional who has ever had their li- Blumenthal Heinrich Portman The PRESIDING OFFICER. The Sen- Booker Heitkamp Reed ator from Montana. cense or credentials suspended. That Brown Hirono Sanders means if it was done by administrative Cantwell Kaine Schatz Mr. TESTER. Mr. President, I would error, with that suspension, they Cardin King Schumer contend that it is germane, but I will wouldn’t be able to be hired. If it got Carper Klobuchar Shaheen not debate that now. Pursuant to sec- Casey Leahy Stabenow lost in the mail, they wouldn’t be able Coons Manchin Tester tion 904 of the Congressional Budget to be hired. If they moved States and Cortez Masto Markey Udall Act of 1974, I move to waive section forgot to fill out the paperwork, those Donnelly McCaskill Van Hollen 305(b)(2) of that act for purposes of the Duckworth Menendez Warner pending amendment, and I ask for the medical professionals wouldn’t be able Durbin Merkley Warren to be hired. Franken Murphy Whitehouse yeas and nays. It is really going to undermine the Gillibrand Murray Wyden The PRESIDING OFFICER. Is there a VA’s ability to attract some of the NOT VOTING—2 sufficient second? most topnotch medical professionals There appears to be a sufficient sec- Feinstein Sessions and take care of our veterans. ond. We have a medical workforce short- The PRESIDING OFFICER. On this The question is on agreeing to the age in Montana. I am sure they do in vote, the yeas are 50, the nays are 48. motion to waive. Arizona. Why would we make the VA a Three-fifths of the Senators duly cho- The clerk will call the roll. less attractive place to work? Why sen and sworn not having voted in the The senior assistant legislative clerk would we want to do this? I would en- affirmative, the motion is rejected. called the roll. courage a ‘‘no’’ vote. The point of order is sustained and Mr. CORNYN. The following Senator The PRESIDING OFFICER. The Sen- the amendment falls. is necessarily absent: the Senator from ator from Vermont. The Senator from Wyoming. Alabama (Mr. SESSIONS). Mr. SANDERS. Mr. President, I raise Mr. ENZI. Mr. President, I ask unani- Mr. DURBIN. I announce that the a point of order that the pending mous consent that following the dis- Senator from California (Mrs. FEIN- amendment is not germane to the un- position of the Tester amendment No. STEIN) is necessarily absent. derlying resolution and, therefore, vio- 104, the Senate vote in relation to the The PRESIDING OFFICER (Mr. lates section 305(b)(2) of the Congres- Casey amendment No. 61 with all of the SCOTT). Are there any other Senators sional Budget Act of 1974. provisions of the previous order re- in the Chamber desiring to vote?

VerDate Sep 11 2014 06:41 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.015 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S257 The yeas and nays resulted—yeas 48, existing conditions, the second is the NAYS—49 nays 50, as follows: issue with regard to discrimination as Alexander Flake Perdue [Rollcall Vote No. 14 Leg.] it relates to health status, and the Barrasso Gardner Portman third issue is with regard to caps on Blunt Graham Risch YEAS—48 Boozman Grassley Roberts Baldwin Harris Murray coverage. Burr Hatch Rounds Bennet Hassan Nelson The first issue is we want to make Capito Hoeven Rubio Blumenthal Heinrich Peters sure no action is taken in the Senate Cassidy Inhofe Sasse Booker Heitkamp Reed Cochran Isakson Scott that would have the effect of limiting Corker Johnson Brown Heller Sanders Shelby Cornyn Kennedy Cantwell Hirono Schatz access to care for those individuals Sullivan Cotton Lankford Cardin Kaine Schumer with preexisting conditions. That is Thune Crapo Lee Carper King Shaheen No. 1. Tillis Casey Klobuchar Stabenow Cruz McCain Toomey Coons Leahy Tester No. 2, we want to make sure we don’t Daines McConnell Wicker Cortez Masto Manchin Udall place any lifetime caps on health in- Enzi Moran Young Donnelly Markey Van Hollen Ernst Murkowski surance coverage for individuals with a Fischer Paul Duckworth McCaskill Warner disability or with a chronic condition. Durbin Menendez Warren NOT VOTING—2 Franken Merkley Whitehouse No. 3, we want to make sure health Gillibrand Murphy Wyden plans will not discriminate on the basis Feinstein Sessions NAYS—50 of either the individual’s physical The PRESIDING OFFICER. On this Alexander Fischer Paul health, their mental health, or their vote, the yeas are 49, the nays are 49. Barrasso Flake Perdue disability status. Three-fifths of the Senators duly cho- Blunt Gardner Portman This is the right thing to do for sen and sworn not having voted in the Boozman Graham Risch health care, and I urge an affirmative affirmative, the motion is rejected. Burr Grassley Roberts The point of order is sustained and Capito Hatch Rounds vote on this amendment. Cassidy Hoeven Rubio The PRESIDING OFFICER. The Sen- the amendment falls. Cochran Inhofe Sasse ator from Wyoming. The Senator from Wyoming. Collins Isakson Scott Mr. ENZI. Mr. President, I ask unani- Corker Johnson Mr. ENZI. Mr. President, the Con- Shelby Cornyn Kennedy mous consent that following the dis- Sullivan gressional Budget Act requires that Cotton Lankford amendments to a budget resolution be position of the Casey amendment No. Crapo Lee Thune 61, the Senate vote in relation to the Tillis germane. Since this amendment does Cruz McCain following amendments in the order Daines McConnell Toomey not meet the standard raised by budget Enzi Moran Wicker law, a point of order would lie. As such, listed, with all other provisions of the Young Ernst Murkowski I raise a point of order against this previous order remaining in effect; fur- NOT VOTING—2 amendment under section 305(b)(2) of ther, that there be no second-degree amendments in order to the amend- Feinstein Sessions the Congressional Budget Act of 1974. ments listed. That would be Barrasso The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- ator from Pennsylvania. No. 181, Hatch No. 179, and Menendez vote, the yeas are 48, the nays 50. No. 83. Mr. CASEY. Mr. President, pursuant Three-fifths of the Senators duly cho- The PRESIDING OFFICER. Is there to section 904 of the Congressional sen and sworn not having voted in the objection? affirmative, the motion is rejected. Budget Act of 1974, I move to waive Without objection, it is so ordered. The point of order is sustained and section 305(b)(2) of that act for pur- Mr. ENZI. Mr. President, I also ask the amendment falls. poses of the pending amendment, and I unanimous consent that Senator The Senator from Wyoming. ask for the yeas and nays. CORKER be recognized to offer amend- Mr. ENZI. Mr. President, after the The PRESIDING OFFICER. Is there a ment No. 106 and that the amendment Casey vote, we expect that the next sufficient second? be reported by number. I further ask three votes that we are still working to There appears to be a sufficient sec- that there then be 2 minutes of debate lock in after this vote will be Barrasso ond. on the amendment to be controlled by No. 181, Hatch No. 179, and Menendez The question is on agreeing to the Senator CORKER or his designee, and No. 83. We are not asking for a unani- motion to waive. following the use or yielding back of mous consent agreement at this point. The clerk will call the roll. time, the amendment be withdrawn. We just want people to be aware of the The legislative clerk called the roll. The PRESIDING OFFICER. Is there paperwork that is being done so that Mr. CORNYN. The following Senator objection? they can be ready for votes on those is necessarily absent: the Senator from Without objection, it is so ordered. when we do lock them in. Alabama (Mr. SESSIONS). The Senator from Tennessee. The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the AMENDMENT NO. 106 ator from Vermont. Senator from California (Mrs. FEIN- Mr. CORKER. Mr. President, we have Mr. SANDERS. Mr. President, reserv- STEIN) is necessarily absent. had a number of discussions about how ing the right to object, and I won’t, I The PRESIDING OFFICER. Are there to go about repealing and replacing the would appreciate it if we could add to any other Senators in the Chamber de- health care bill that is now law in our the end of that tranche the Klobuchar- siring to vote? country. We have had a number of very Sanders amendment. Would that be all The yeas and nays resulted—yeas 49, thoughtful discussions on our side. I right? nays 49, as follows: know a date has been put in this rec- Mr. ENZI. I didn’t ask unanimous [Rollcall Vote No. 15 Leg.] onciliation of January 27, and we real- consent. I was just announcing, and I YEAS—49 ize that is not a real date. That is a assume you are just announcing as placeholder. That is the earliest they Baldwin Harris Nelson well. can come back. Mr. SANDERS. OK. If we could add Bennet Hassan Peters Blumenthal Heinrich Reed In talking with leadership and work- Klobuchar-Sanders as the fourth Booker Heitkamp Sanders ing through this, we understand that amendment of that tranche—it is all Brown Heller Schatz everyone here understands the impor- Cantwell Hirono Schumer right. OK. Thank you. tance of doing it right, giving TOM Cardin Kaine Shaheen AMENDMENT NO. 61 Carper King Stabenow PRICE, the new HHS person, the time to Casey Klobuchar The PRESIDING OFFICER. There is Tester weigh in and help us make this work in Collins Leahy Udall now 2 minutes of debate prior to a vote Coons Manchin the appropriate way. For that reason, Van Hollen on Casey amendment No. 61. Cortez Masto Markey we plan to withdraw this amendment The Senator from Pennsylvania. Donnelly McCaskill Warner and place our faith in the fact that we Warren Mr. CASEY. Mr. President, this Duckworth Menendez are going to do this in a manner that Durbin Merkley Whitehouse amendment deals with three basic Franken Murphy Wyden works well for the American people. issues. The first is the issue of pre- Gillibrand Murray I yield to Senator PORTMAN.

VerDate Sep 11 2014 07:45 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.017 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S258 CONGRESSIONAL RECORD — SENATE January 11, 2017 The PRESIDING OFFICER. The Sen- Care Act now and then wait 2 or 3 years AMENDMENT NO. 181 ator from Ohio. to put reforms in place. Doing that (Purpose: To establish a deficit-neutral re- Mr. PORTMAN. Mr. President, our would risk harming consumers who serve fund relating to strengthening Social amendment was about ensuring that rely upon the current system for their Security and repealing Obamacare, which has increased health care costs, raised the second step in improving the insurance and would exacerbate the health care system for our constituents taxes on middle class families, reduced ac- turmoil in the insurance markets. If we cess to high-quality care, created disincen- was done in a thoughtful way. We now want a smooth transition from a bro- tives for work, and caused tens of thou- have assurances from leadership that ken and unaffordable system to a sys- sands of Americans to lose coverage they certainly is their intent and that this tem that finally delivers on the prom- had and liked, and replacing Obamacare date is not a date that is set in stone. with patient-centered, step-by-step health ise of reform, we must carefully plan In fact, it is the earliest we could do it, reforms that provide access to quality, af- how we intend to get from where we but it could take longer. We believe fordable private health care coverage for that it might. are today, to where we need to be to- all Americans, including people with dis- With that, we would like to withdraw morrow. abilities and chronic conditions, and their families, by increasing competition, State the amendment, with assurances that Thus, we are called to act quickly, flexibility, and individual choice, and safe- we will have this time to be able to put but not in haste. That is why I joined guarding consumer protections, such as a together something that will, in fact, Senators CORKER, PORTMAN, CASSIDY, ban on lifetime limits, that Americans sup- ensure that our constituents can better and MURKOWSKI in offering an amend- port) deal with the broken health care sys- ment that would change the reporting At the end of title III, add the following: tem. date for the bill reported pursuant to SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Mr. CORKER. Mr. President, if there the budget resolution’s reconciliation RELATING TO STRENGTHENING SO- is any time, I would like to also say CIAL SECURITY AND REPEALING instructions from January 27 to March OBAMACARE. there have been a lot of concerns about 3. While I continue to much prefer the The Chairman of the Committee on the the fiscal nature of this—making sure later date, I have received assurances Budget of the Senate may revise the alloca- that we do it in a manner that does not tions of a committee or committees, aggre- waste taxpayer resources. There has from Senate leaders that the January gates, and other appropriate levels in this been another concern—obviously, mak- 27th date is not binding and that there resolution for one or more bills, joint resolu- ing sure that these health care plans is a shared commitment that we will tions, amendments, amendments between stay in place during transition. Both take the time necessary to proceed the Houses, motions, or conference reports, thoughtfully with legislative reforms relating to strengthening Social Security discussions have been very thoughtful, and repealing and replacing Obamacare, very helpful, and I think that everyone to replace and reform Obamacare. which may include step-by-step reforms pro- understands what is at stake in this Few issues are as important to the viding access to quality, affordable coverage process, and hopefully we will move American people as fixing our broken for all Americans, including people with dis- through it in a way that will reflect health care system. As we move to re- abilities and chronic conditions, and safe- the fact that we want this to work for guarding consumer protections such as a ban pair the ACA, I look forward to con- on lifetime limits, by the amounts provided the American people. tinuing to work with my colleagues on I yield the floor. in such legislation for those purposes, pro- responsible alternatives that can put vided that such legislation would not in- Ms. COLLINS. Mr. President, one of crease the deficit over either the period of my top priorities as a Senator has been us on a path to a health care system that is truly sustainable and afford- the total of fiscal years 2017 through 2021 or to expand access to affordable health the period of the total of fiscal years 2017 care for all Americans. I have always able. through 2026. believed that the key to achieving this The PRESIDING OFFICER. The AMENDMENT NO. 179 goal is to bring down the cost of health clerk will report the amendment by (Purpose: To establish a deficit-neutral re- care, so more Americans can afford to number. serve fund relating to reforming housing purchase the health insurance that and Medicaid without prioritizing able- The legislative clerk read as follows: they need. During debate over the Af- bodied adults over the disabled or raiding the Medicare Trust Funds to pay for new fordable Care Act, I raised the concern The Senator from Tennessee [Mr. CORKER] that the bill’s cumbersome ‘‘one size proposes an amendment numbered 106. government programs, like Obamacare, which has failed Americans by increasing fits all’’ approach would do more harm The amendment is as follows: premiums and reducing affordable health than good and would result in an even care options) more expensive, broken, and (Purpose: To set an appropriate date for the At the end of title III, add the following: unsustainable health care system. reporting of a reconciliation bill in the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Unfortunately, my fears are now re- Senate) RELATING TO PROTECTIONS FOR THE ELDERLY AND DISABLED. ality. According to the Kaiser Family On page 45, line 15, strike ‘‘January 27’’ and The Chairman of the Committee on the Foundation, premiums for employer- insert ‘‘March 3’’. sponsored family health plans now top Budget of the Senate may revise the alloca- $18,000 per year, up nearly $5000 since AMENDMENT NO. 106 WITHDRAWN tions of a committee or committees, aggre- gates, and other appropriate levels in this 2009. Deductibles have also been rising: Mr. CORKER. Mr. President, I with- resolution for one or more bills, joint resolu- in 2009, only one in five workers en- draw the amendment. tions, amendments, amendments between rolled in single-coverage employer the Houses, motions, or conference reports plans faced a deductible over $1000. The PRESIDING OFFICER. The relating to reforming housing and Medicaid, Today more than half do. amendment is withdrawn. which may include returning State regula- In Maine, premiums on the Exchange The Senator from Wyoming. tion of health insurance markets to the will rise an average of 22 percent this States, without raising new revenue, by the AMENDMENTS NOS. 181 AND 179 EN BLOC amounts provided in such legislation for year, and many States are seeing even those purposes, provided that such legisla- higher premium hikes. Meanwhile, Mr. ENZI. Mr. President, I call up tion would not increase the deficit over ei- fewer insurers are willing to write poli- Barrasso No. 181 and Hatch No. 179 and ther the period of the total of fiscal years cies, leaving few choices for consumers ask unanimous consent that they be 2017 through 2021 or the period of the total of who are looking for insurance. reported by number. fiscal years 2017 through 2026. Some of the ACA’s provisions—espe- The PRESIDING OFFICER. The Sen- cially its consumer protections—enjoy The PRESIDING OFFICER. Without ator from Wyoming. objection, the clerk will report the bipartisan support and should be re- AMENDMENT NO. 181 tained; however, its Washington-cen- amendments by number. Mr. BARRASSO. Mr. President, this tric approach must be changed if we The legislative clerk read as follows: is a side-by-side amendment to Casey are ever to truly reform our broken amendment No. 61, which was just de- The Senator from Wyoming [Mr. ENZI], for health care system. Nevertheless, this others, proposes amendments numbered 181 feated. task must be undertaken with care. and 179 en bloc. As many in this body know, my wife There is growing understanding that Bobbi is a breast cancer survivor. I un- we cannot simply repeal the Affordable The amendments are as follows: derstand the importance of ensuring

VerDate Sep 11 2014 07:45 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.054 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S259 that everyone has access to health Mr. DURBIN. I announce that the and enshrine its flawed approach to care. This is especially true for pa- Senator from California (Mrs. FEIN- Medicaid in a budget point of order. tients with ongoing medical condi- STEIN) is necessarily absent. The PRESIDING OFFICER. The Sen- tions. The PRESIDING OFFICER (Ms. MUR- ator from New Jersey. Also, I spent 25 years practicing med- KOWSKI). Are there any other Senators Mr. MENENDEZ. Madam President, icine, working every single day to en- in the Chamber desiring to vote? this is not an amendment to protect sure all patients received high quality The yeas and nays resulted—yeas 47, the elderly and disabled. It guts Medic- care. That is why I am passionate nays 51, as follows: aid’s opportunity by going into a block about enacting health care reform to [Rollcall Vote No. 16 Leg.] grant or per capita cut that would put patients first, unlike the Obama YEAS—47 sharply cut Federal funding over time health care law, which put government Alexander Fischer Murkowski and eliminate the States’ flexibility to ahead of patients and health care pro- Barrasso Flake Perdue innovate. viders. Blunt Gardner Portman Instead, this proposal only gives As I travel around the State of Wyo- Boozman Graham Risch Burr Grassley States flexibility to make draconian ming, I hear from many hard-working Roberts cuts, leaving millions of seniors and in- folks who have lost their insurance Capito Hatch Rounds Cassidy Heller dividuals with disabilities who rely on coverage that they liked and that Rubio Cochran Hoeven Scott Medicaid without the access to needed Collins Inhofe worked for them and their families. We Shelby Corker Isakson health care. Instead of the State-Fed- are going to help those who have been Sullivan Cornyn Johnson eral partnership that gives States hurt by ObamaCare. We will also en- Thune Cotton Kennedy broad flexibility to run their programs sure that people with serious medical Tillis Crapo Lankford but do so with Federal minimum stand- conditions receive the care they need. Daines McCain Toomey Mr. President, I yield the floor. Enzi McConnell Wicker ards that are important consumer pro- Young The PRESIDING OFFICER. Who Ernst Moran tections like mental health parity, yields time? NAYS—51 early and periodic screening, diagnosis, The Senator from Vermont. Baldwin Harris Nelson and testing for children, and network Mr. SANDERS. Mr. President, the re- Bennet Hassan Paul adequacy protection will go to block peal of the Affordable Care Act will Blumenthal Heinrich Peters grants. throw perhaps up to 30 million people Booker Heitkamp Reed Do you know what happens when Brown Hirono Sanders off of health insurance. Cantwell Kaine Sasse there is no more entitlement and you I would yield to my friends if they Cardin King Schatz go to a block grant? You cut the block will tell me now what the replacement Carper Klobuchar Schumer grant, and before you know it, you is. How many of those 30 million people Casey Leahy Shaheen Coons Lee Stabenow have no Medicaid. are going to die? What is your plan to Cortez Masto Manchin Tester This is not protecting seniors, chil- cover them, plus the other 28 million Cruz Markey Udall dren, and the disabled. I urge a ‘‘no’’ people who have no health insurance? Donnelly McCaskill Van Hollen vote on the amendment. Duckworth Menendez Warner How are you going to end the inter- Durbin Merkley Warren I raise a point of order that the pend- national embarrassment of the United Franken Murphy Whitehouse ing amendment is not germane to the States being the only major country on Gillibrand Murray Wyden underlying resolution and therefore Earth not to guarantee health care to NOT VOTING—2 violates Section 305(b)(2) of the Con- all people? Feinstein Sessions gressional Budget Act of 1974. They don’t have a plan. I understand The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. On this Senator CORKER wants more time. ator from Utah. vote, the yeas are 47, the nays are 51. Maybe they will develop a plan. Right Mr. HATCH. Madam President, I Three-fifths of the Senators duly cho- now what they are talking about is re- move to waive the applicable provi- sen and sworn not having voted in the pealing legislation which has brought sions of the Budget Act with respect to affirmative, the motion is rejected. millions of people health care, and they my amendment, and I ask for the yeas have no substitute. The point of order is sustained and the amendment falls. and nays. I would urge the defeat of the Bar- The PRESIDING OFFICER. Is there a rasso amendment. AMENDMENT NO. 179 sufficient second? Madam President, I raise a point of The PRESIDING OFFICER. The Sen- There appears to be a sufficient sec- order on Barrasso amendment No. 181, ator from Utah ond. that the pending amendment is not Mr. HATCH. Madam President, The question is on agreeing to the germane to the underlying resolution ObamaCare exacerbated financial pres- motion to waive. and therefore violates section 305(b)(2) sures on the Medicaid Program at a of the Congressional Budget Act of The clerk will call the roll. time when many States were already The legislative clerk called the roll. 1974. facing difficult choices. Even before The PRESIDING OFFICER. The Sen- Mr. CORNYN. The following Senator ObamaCare, Medicaid was plagued by is necessarily absent: the Senator from ator from Wyoming. quality issues and the law did nothing Mr. BARRASSO. Mr. President, pur- Alabama (Mr. SESSIONS). to address these problems. Instead, Mr. DURBIN. I announce that the suant to section 904 of the Congres- under ObamaCare, able-bodied adults Senator from California (Mrs. FEIN- sional Budget Act of 1974 and the waiv- not previously eligible, including some er provisions of applicable budget reso- STEIN) is necessarily absent. prisoners, are now covered by Medicaid The PRESIDING OFFICER. Are there lutions, I move to waive all applicable which has strained already limited re- sections of that act and applicable any other Senators in the Chamber de- sources at the State level. siring to vote? budget resolutions for the purposes of Republicans are committed to work- Barrasso amendment No. 181, and I ask The yeas and nays resulted—yeas 51, ing with States, stakeholders, and the nays 47, as follows: for the yeas and nays. American public to improve the qual- The PRESIDING OFFICER. Is there a ity of the Medicaid Program, ensuring [Rollcall Vote No. 17 Leg.] sufficient second? YEAS—51 There appears to be a sufficient sec- its long-term sustainability. That is re- flected in my amendment. My amend- Alexander Cotton Hatch ond. Barrasso Crapo Heller The question is on agreeing to the ment would create a reserve fund to Blunt Cruz Hoeven motion to waive. allow for reforms to Medicaid and en- Boozman Daines Inhofe The clerk will call the roll. sure the program has the right prior- Burr Enzi Isakson ities. Capito Ernst Johnson The senior assistant legislative clerk Cassidy Fischer Kennedy called the roll. I urge my colleagues to vote for my Cochran Flake Lankford Mr. CORNYN. The following Senator amendment and against the Menendez Collins Gardner Lee is necessarily absent: the Senator from amendment, which is simply designed Corker Graham McCain Cornyn Grassley McConnell Alabama (Mr. SESSIONS). to prevent the repeal of ObamaCare

VerDate Sep 11 2014 07:17 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.056 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S260 CONGRESSIONAL RECORD — SENATE January 11, 2017 Moran Roberts Sullivan savings, a reality that directly con- Sullivan Tillis Wicker Murkowski Rounds Thune Thune Toomey Young Paul Rubio Tillis tradicts the outcries from Republicans Perdue Sasse Toomey who seek to destroy Medicaid and strip NOT VOTING—2 Portman Scott Wicker coverage away from 11 million of the Feinstein Sessions Risch Shelby Young most vulnerable among us. The PRESIDING OFFICER. On this NAYS—47 I urge my colleagues to vote ‘‘yes’’ to vote, the yeas are 48, the nays are 50. Baldwin Harris Nelson protect those 11 million Americans. Three-fifths of the Senators duly cho- Bennet Hassan Peters The PRESIDING OFFICER. The Sen- sen and sworn not having voted in the Blumenthal Heinrich Reed ator from Wyoming. Booker Heitkamp Sanders affirmative, the motion is rejected. Brown Hirono Schatz Mr. ENZI. Madam President, the The point of order is sustained and Cantwell Kaine Schumer Congressional Budget Act requires that the amendment falls. Cardin King Shaheen amendments to a budget resolution be The Senator from Tennessee. Carper Klobuchar Stabenow Casey Leahy germane. Since this amendment does AMENDMENT NO. 174 Tester Coons Manchin not meet the standard required by Udall Mr. ALEXANDER. Madam President, Cortez Masto Markey Van Hollen budget law, a point of order lies this amendment is an amendment I be- Donnelly McCaskill Duckworth Menendez Warner against it. lieve almost every Senator will want to Durbin Merkley Warren I am compelled, as chairman of the vote for because this is an amendment Franken Murphy Whitehouse Committee on the Budget, to raise a Wyden that guarantees that when you walk Gillibrand Murray point of order against the amendment into the local drugstore, your medicine NOT VOTING—2 under section 305(b)(2) of the Congres- is safe because you know that it has Feinstein Sessions sional Budget Act of 1974. been approved by the Food and Drug The PRESIDING OFFICER. On this The PRESIDING OFFICER. The Sen- Administration. vote, the yeas are 51, the nays are 47. ator from Vermont. This amendment clarifies the current Three-fifths of the Senators duly cho- Mr. SANDERS. Madam President, law, which says that if you sell a pre- sen and sworn not having voted in the pursuant to section 904 of the Congres- scription drug in the United States, it affirmative, the motion is rejected. sional Budget Act of 1974, I move to has to be approved by the Food and The point of order is sustained and waive all applicable sections of that Drug Administration. It may be made the amendment falls. act for purposes of the pending amend- overseas—and many are, and they are The Senator from Wyoming. ment, and I ask for the yeas and nays. sold here—but they are approved by Mr. ENZI. Madam President, I ask The PRESIDING OFFICER. Is there a the Food and Drug Administration. unanimous consent that following the sufficient second? I have the privilege of being the disposition of the Menendez amend- There appears to be a sufficient sec- chairman of the HELP Committee, and ment No. 83, the Senate vote in rela- ond. I can’t tell you the number of impas- tion to the following amendments in The question is on agreeing to the sioned speeches I have heard from my the order listed, with all other provi- motion to waive. Democratic friends about the impor- sions of the previous order remaining The clerk will call the roll. tance of drug safety and the gold in effect; further, that there be no sec- The senior assistant legislative clerk standard for the Food and Drug Admin- ond-degree amendments in order to the called the roll. istration. So if you are for the gold amendments listed: Alexander amend- Mr. CORNYN. The following Senator standard of the Food and Drug Admin- ment No. 174, Klobuchar amendment is necessarily absent: The Senator from istration, if you are for making pre- No. 178, Wyden amendment No. 188; fi- Alabama (Mr. SESSIONS). scription drugs approved by the FDA, nally, I ask unanimous consent that Mr. DURBIN. I announce that the vote yes. If you are against it, vote no. the Klobuchar amendment No. 172 be Senator from California (Mrs. FEIN- The PRESIDING OFFICER. Does the withdrawn. STEIN) is necessarily absent. Senator wish to call up his amend- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there ment? objection, it is so ordered. any other Senators in the Chamber de- Mr. ALEXANDER. Madam President, I call up my amendment No. 174 and f siring to vote? The yeas and nays resulted—yeas 48, ask unanimous consent that it be re- AMENDMENT NO. 83 nays 50, as follows: ported by number. The PRESIDING OFFICER. There is [Rollcall Vote No. 18 Leg.] The PRESIDING OFFICER. Without now 2 minutes of debate prior to the objection, the clerk will report the YEAS—48 vote on the Menendez amendment No. amendment by number. 83. Baldwin Harris Murray The legislative clerk read as follows: The Senator from New Jersey. Bennet Hassan Nelson Blumenthal Heinrich Peters The Senator from Tennessee [Mr. ALEX- Mr. MENENDEZ. Madam President, Booker Heitkamp Reed ANDER] proposes an amendment numbered my amendment is to protect the health Brown Heller Sanders 174. Cantwell Hirono Schatz insurance of 11 million low-income The amendment is as follows: men, women, and children who are cur- Cardin Kaine Schumer Carper King Shaheen (Purpose: To strengthen Social Security and rently benefiting from the Affordable Casey Klobuchar Stabenow Medicare without raiding them to pay for Care Act’s Medicaid expansion. Coons Leahy Tester new government programs, like This amendment establishes a point Cortez Masto Manchin Udall Donnelly Markey Van Hollen Obamacare, that have failed Americans by of order requiring the CBO to certify Duckworth McCaskill Warner increasing premiums and reducing afford- that no legislation increases the over- Durbin Menendez Warren able health care options, to reform Med- all number of uninsured, decreases en- Franken Merkley Whitehouse icaid without prioritizing able-bodied rollment in Medicaid in expansion Gillibrand Murphy Wyden adults over the disabled, and to ensure States, or increases State spending on NAYS—50 that any importation does not increase Medicaid. risk to public health according to the Sec- Alexander Enzi McCain retary of Health and Human Services) There are currently 32 States that Barrasso Ernst McConnell At the end of title III, add the following: have expanded Medicaid, half of those Blunt Fischer Moran Boozman Flake States with Republican Governors. Murkowski SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Burr Gardner Paul RELATING TO PERMITTING IMPOR- These Republican Governors—from Capito Graham Perdue TATION OF PRESCRIPTION DRUGS Louisiana to Nevada, to Arkansas, Cassidy Grassley Portman ONLY UNDER CERTAIN CIR- Cochran Hatch Risch CUMSTANCES. Iowa, and even my own State of New Collins Hoeven Roberts The Chairman of the Committee on the Jersey, to name a few—understand Corker Inhofe Rounds Budget of the Senate may revise the alloca- Cornyn Isakson that not only is Medicaid expansion a Rubio tions of a committee or committees, aggre- literal lifesaver to millions of children Cotton Johnson Crapo Kennedy Sasse gates, and other appropriate levels in this and families, but it has resulted in sub- Cruz Lankford Scott resolution for one or more bills, joint resolu- stantial economic growth and budget Daines Lee Shelby tions, amendments, amendments between

VerDate Sep 11 2014 07:17 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.022 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S261 the Houses, motions, or conference reports [Rollcall Vote No. 19 Leg.] deficit over either the period of the total of relating to permitting the importation of YEAS—49 fiscal years 2017 through 2021 or the period of prescription drugs, which may include certi- the total of fiscal years 2017 through 2026. Alexander Fischer Perdue fying public health and safety, strengthening Barrasso Flake Portman The PRESIDING OFFICER. The Sen- Social Security and Medicare, and improving Blunt Gardner Risch ator from Minnesota. Medicaid, by the amounts provided in such Boozman Graham Roberts Ms. KLOBUCHAR. Mr. President, I legislation for those purposes, provided that Burr Heller Rounds come to the floor to ask that my col- such legislation would not increase the def- Capito Hoeven Rubio icit over either the period of the total of fis- Cassidy Inhofe Sasse leagues support this very important cal years 2017 through 2021 or the period of Cochran Isakson Scott amendment with Senator SANDERS. I Collins Johnson Shelby the total of fiscal years 2017 through 2026. Corker Kennedy will match his passion with numbers. Sullivan Cornyn Lankford The price of insulin, as our col- The PRESIDING OFFICER. The Sen- Thune Cotton Lee ator from Vermont. Tillis leagues know, has tripled in the last Crapo McCain decade. The antibiotic doxycycline Mr. SANDERS. Madam President, Cruz McConnell Toomey people in the United States pay by far Daines Moran Wicker went from $20 a bottle to nearly $2,000 Enzi Murkowski Young a bottle in 6 months. Naloxone, the the highest prices in the world for pre- Ernst Paul scription drugs. drug used to help with overdose, went from $690 to $4,500 to date. We cannot I live 50 miles away from Canada, and NAYS—49 sit here and do nothing. We have an op- in many cases they pay 50 percent less Baldwin Harris Nelson Bennet Hassan Peters portunity, for those who believe in the for the same exact medicine that we Blumenthal Hatch Reed free market, to allow in competition— buy in Vermont or in America, and we Booker Heinrich Sanders competition from the safe country of all know the reason why. The power Brown Heitkamp Schatz Canada, our neighbors to the north. In and wealth of the pharmaceutical in- Cantwell Hirono Schumer Cardin Kaine Minnesota, we can see Canada from our dustry and their 1300 lobbyists and un- Shaheen Carper King Stabenow porch, and we want to see that com- Casey Klobuchar limited sums of money have bought the Tester Coons Leahy petition come in and save our constitu- U.S. Congress. Let’s be clear about it. Udall Cortez Masto Manchin ents’ lives. Van Hollen Today Mr. Trump—a guy I don’t Donnelly Markey The PRESIDING OFFICER. The Sen- quote very often—said that pharma Duckworth McCaskill Warner Warren ator from Vermont. gets away with murder. That is what Durbin Menendez Franken Merkley Whitehouse Mr. SANDERS. Mr. President, last Trump said. He is right. Year after Gillibrand Murphy Wyden year the five major drug companies year, the same old, same old takes Grassley Murray made $50 billion in profit, while one out place. We get amendments like Senator NOT VOTING—2 of five Americans cannot afford the ALEXANDER’s, and the pharmaceutical Feinstein Sessions medicine they need. Please don’t tell industry makes more and more money, me that we can import fish from all and the American people pay higher The PRESIDING OFFICER. On this vote, the yeas are 49, the nays are 49. over the world, but we can’t bring med- and higher prices. icine in from Canada. The time has come for us to stand up Three-fifths of the Senators duly cho- sen and sworn not having voted in the The PRESIDING OFFICER. The time to the drug companies. Let’s do it to- for the Senator from Vermont has ex- night. Let’s defeat the Alexander affirmative, the motion is rejected. The point of order is sustained and pired. amendment. Let’s support the Klo- The Senator from Wyoming. buchar-Sanders amendment. the amendment falls. The Senator from Minnesota. Mr. ENZI. Mr. President, this discus- Madam President, I raise a point of sion will be a little different than any AMENDMENT NO. 178 order that the pending amendment is we have had because in a bipartisan Ms. KLOBUCHAR. Mr. President, I not germane to the underlying resolu- way we have been defeating this for at call up amendment No. 178 and ask tion and therefore violates section least 14 years. Byron Dorgan used to unanimous consent that it be reported 305(b)(2) of the Congressional Budget head it up on that side, and I used to by number. Act of 1974. oppose it from this side, but it has al- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- ways been bipartisan, and that is be- objection, the clerk will report the ator from Tennessee. cause we are not sure about the safety amendment by number. of the prescription drugs that come in Mr. ALEXANDER. Madam President, The legislative clerk read as follows: pursuant to section 904 of the Congres- online. sional Budget Act of 1974 and the waiv- The Senator from Minnesota [Ms. KLO- People who drive over the border and BUCHAR] proposes an amendment numbered er provisions of applicable budget reso- 178. go to a pharmacist are probably get- lutions, I move to waive all applicable ting good drugs there, but we are told The amendment is as follows: sections of that act and applicable that for up to 85 percent of what comes budget resolutions for the purposes of (Purpose: To establish a deficit-neutral re- in online, we can’t tell what country it serve fund relating to lowering prescrip- came from. So we can specify Canada, the pending Alexander amendment No. tion drug prices for Americans by import- 174, and I ask for the yeas and nays. ing drugs from Canada) but it may be from another country al- together, particularly the Middle East. The PRESIDING OFFICER. Is there a At the end of title III, add the following: If we want to assure we have the safety sufficient second? SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND There appears to be a sufficient sec- RELATING TO LOWERING PRESCRIP- of our drugs, being able to get it online ond. TION DRUG PRICES FOR AMERICANS from even Canada doesn’t have the BY IMPORTING DRUGS FROM CAN- kind of assurance we need. We have al- The question is on agreeing to the ADA motion to waive. ways asked that the Secretary of The Chairman of the Committee on the Health and Human Services specify The clerk will call the roll. Budget of the Senate may revise the alloca- that the safety is in place. No one has The legislative clerk called the roll. tions of a committee or committees, aggre- been willing to do that. Mr. CORNYN. The following Senator gates, and other appropriate levels in this resolution for one or more bills, joint resolu- I ask that we vote against this is necessarily absent: the Senator from tions, amendments, amendments between amendment. Alabama (Mr. SESSIONS). the Houses, motions, or conference reports The PRESIDING OFFICER. The Mr. DURBIN. I announce that the relating to lowering prescription drug prices, question is on agreeing to the amend- Senator from California (Mrs. FEIN- including through the importation of safe ment. STEIN) is necessarily absent. and affordable prescription drugs from Can- Mr. SANDERS. I ask for the yeas and The PRESIDING OFFICER (Mr. ada by American pharmacists, wholesalers, and individuals with a valid prescription nays. PERDUE). Are there any other Senators from a provider licensed to practice in the The PRESIDING OFFICER. Is there a in the Chamber desiring to vote? United States, by the amounts provided in sufficient second? The yeas and nays resulted—yeas 49, such legislation for those purposes, provided There appears to be a sufficient sec- nays 49, as follows: that such legislation would not increase the ond.

VerDate Sep 11 2014 07:17 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.027 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S262 CONGRESSIONAL RECORD — SENATE January 11, 2017 The clerk will call the roll. (5) Medicare part B drug spending also Budget Act of 1974, I move to waive The bill clerk called the roll. more than doubled between 2005 and 2015, in- section 305(b)(2) of that act for pur- Mr. CORNYN. The following Senator creasing from $9,000,000,000 in 2005 to poses of the pending amendment, and I is necessarily absent: the Senator from $22,000,000,000 in 2015. ask for the yeas and nays. (6) In 2014, prescription drug spending in Alabama (Mr. SESSIONS). The PRESIDING OFFICER. Is there a Mr. DURBIN. I announce that the Medicaid increased by 24 percent. (7) During the Presidential campaign, the sufficient second? Senator from California (Mrs. FEIN- President-elect said, ‘‘When it comes time to There appears to be a sufficient sec- STEIN) is necessarily absent. negotiate the cost of drugs, we’re going to ond. The PRESIDING OFFICER. Are there negotiate like crazy, folks’’ and his cam- The clerk will call the roll. any other Senators in the Chamber de- paign website said that, ‘‘allowing con- The legislative clerk called the roll. siring to vote? sumers access to imported, safe and depend- Mr. CORNYN. The following Senator The result was announced—yeas 46, able drugs from overseas will bring more op- is necessarily absent: the Senator from tions to consumers.’’. nays 52, as follows: Alabama (Mr. SESSIONS). [Rollcall Vote No. 20 Leg.] (8) After being elected, the President-elect said, ‘‘I’m going to bring down drug prices. I Mr. DURBIN. I announce that the YEAS—46 don’t like what’s happened with drug Senator from California (Mrs. FEIN- Baldwin Heller Paul prices.’’. STEIN) is necessarily absent. Blumenthal Hirono Peters (9) On January 11, 2017, the President-elect The PRESIDING OFFICER. Are there Boozman Kaine Reed said, ‘‘We have to create new bidding proce- Brown Kennedy Sanders any other Senators in the Chamber de- dures for the drug industry, because they are Cardin King Schatz siring to vote? Collins Klobuchar Schumer getting away with murder.’’. The yeas and nays resulted—yeas 47, (b) POINT OF ORDER.—It shall not be in Cortez Masto Leahy Shaheen nays 51, as follows: Cruz Lee Stabenow order in the Senate to consider a bill or joint Duckworth Manchin Thune resolution reported pursuant to section 2001 [Rollcall Vote No. 21 Leg.] Durbin Markey Udall or 2002, or an amendment to, motion on, con- YEAS—47 Flake McCain Van Hollen ference report on, or amendment between Franken McCaskill Baldwin Harris Nelson Gillibrand Merkley Warren the Houses in relation to such a bill or joint Bennet Hassan Peters Grassley Murkowski Whitehouse resolution that does not, as promised by the Blumenthal Heinrich Reed Harris Murphy Wyden President-elect, lower drug prices, as cer- Booker Heitkamp Sanders Hassan Nelson tified by the Congressional Budget Office. Brown Hirono Schatz (c) WAIVER AND APPEAL.—Subsection (b) Cantwell Kaine NAYS—52 Schumer may be waived or suspended in the Senate Cardin King Shaheen Alexander Donnelly Perdue only by an affirmative vote of three-fifths of Carper Klobuchar Stabenow Casey Leahy Barrasso Enzi Portman the Members, duly chosen and sworn. An af- Tester Coons Manchin Bennet Ernst Risch firmative vote of three-fifths of the Members Udall Blunt Fischer Cortez Masto Markey Roberts of the Senate, duly chosen and sworn, shall Van Hollen Booker Gardner Rounds Donnelly McCaskill be required to sustain an appeal of the ruling Duckworth Menendez Warner Burr Graham Rubio of the Chair on a point of order raised under Durbin Merkley Warren Cantwell Hatch Sasse Franken Murphy Whitehouse Capito Heinrich Scott subsection (b). Carper Heitkamp Gillibrand Murray Wyden Shelby Mr. WYDEN. Mr. President and col- Casey Hoeven Sullivan Cassidy Inhofe leagues, this amendment is supported NAYS—51 Tester Cochran Isakson by a number of Senators because, as Alexander Fischer Murkowski Coons Johnson Tillis the Senate majority plows ahead with Barrasso Flake Paul Corker Lankford Toomey Blunt Gardner Perdue Cornyn McConnell Warner a scheme that I call repeal and run, it Boozman Graham Portman Cotton Menendez Wicker is putting tens of millions of Ameri- Burr Grassley Risch Crapo Moran Young cans in danger of losing their health in- Capito Hatch Roberts Daines Murray surance, and Americans are waiting for Cassidy Heller Rounds Cochran Hoeven Rubio NOT VOTING—2 Congress to step up and adopt smart Collins Inhofe Sasse Feinstein Sessions policies that will drive down the cost of Corker Isakson Scott Cornyn The amendment (No. 178) was re- prescription medicine. Johnson Shelby We understand this is an era of mir- Cotton Kennedy Sullivan jected. Crapo Lankford Thune The PRESIDING OFFICER. The Sen- acle cures and treatments. There are Cruz Lee Tillis ator from Oregon. drugs on the market today that were Daines McCain Toomey science fiction not very long ago. With Enzi McConnell Wicker AMENDMENT NO. 188 Ernst Moran Young Mr. WYDEN. Mr. President, I call up drug prices rising, the question is NOT VOTING—2 amendment No. 188 and ask unanimous whether Americans are going to be able consent that it be reported by number. to afford them. This is a growing Feinstein Sessions The PRESIDING OFFICER. Without source of inequality, and it cannot go The PRESIDING OFFICER. On this objection, the clerk will report the unchecked. vote, the yeas are 47, the nays are 51. amendment by number. Here is my bottom line. Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The Sen- The legislative clerk read as follows: sen and sworn not having voted in the ator’s time has expired. The Senator from Oregon [Mr. WYDEN] pro- affirmative, the motion is rejected. poses an amendment numbered 188. Mr. WYDEN. In a country as rich and strong as ours, cures have to be avail- The point of order is sustained and The amendment is as follows: able for everyone, not just the wealthy. the amendment falls. (Purpose: To create a point of order against I urge support for this amendment. The Senator from Wyoming. legislation that does not lower drug prices) The PRESIDING OFFICER. The Sen- Mr. ENZI. Mr. President, I ask unani- At the end of title IV, add the following: ator from Wyoming. mous consent that the Senate vote in SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- Mr. ENZI. Mr. President, the Con- relation to the following amendments TION THAT DOES NOT LOWER DRUG in the order listed, with all other provi- PRICES. gressional Budget Act does require (a) FINDINGS.—The Senate finds the fol- that the amendments to the budget sions of the previous order remaining lowing: resolution be germane. Since this in effect; further that there be no sec- (1) Total annual drug spending in the amendment does not meet the standard ond-degree amendments in order to the United States is projected to reach more required by budget law, a point of order amendments listed: Fischer 184, Gilli- than $500,000,000,000 by 2018. would lie. So I raise a point of order brand 82, Hatch 180, Brown 86; I further (2) One out of five Americans age 19 to 64 against this amendment under section ask that the pending amendments, cannot afford to fill their prescriptions. 305(b)(2) of the Congressional Budget aside from these listed, be withdrawn; (3) Spending on prescription drugs in the that no further amendments be in United States grew by 12 percent in 2014, Act of 1974. faster than in any year since 2002. The PRESIDING OFFICER. The Sen- order, and that following disposition of (4) Medicare part D drug spending was ator from Oregon. the Brown amendment, the Senate vote $90,000,000,000 in 2015, and is expected to in- Mr. WYDEN. Mr. President, pursuant on adoption of the resolution, as crease to $216,000,000,000 by 2025. to section 904 of the Congressional amended, if amended.

VerDate Sep 11 2014 08:37 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.063 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S263 The PRESIDING OFFICER. Without Last year I had the opportunity to be withdrawn, that no further amend- objection, it is so ordered. visit one of these in Omaha, the ments be in order, and that following Mr. ENZI. Mr. President, I ask unani- Charles Drew Medical Clinic. I saw disposition of the Brown amendment, mous consent that the listed amend- firsthand the comprehensive, compas- the Senate vote on adoption of the res- ments be called up and reported by sionate care that they provide to Ne- olution, as amended, if amended. number. braskans. Many times, women are the The PRESIDING OFFICER. Without Mr. SCHUMER. Mr. President, will ones who make health care decisions objection, it is so ordered. my friend from Wyoming yield for a for their families, but with higher costs Mr. ENZI. I ask unanimous consent question? and fewer choices, ObamaCare has that the list of amendments be called Mr. ENZI. Sure. hurt, not helped, women in this coun- up and reported by number. Mr. SCHUMER. Since the amend- try. The PRESIDING OFFICER. Without ment by Senator COONS from Delaware They have seen their premiums go objection, it is so ordered. is not going to be offered, I believe that up, they have had a hard time finding AMENDMENT NO. 180 the Hatch amendment was a side-by- the doctors that they trust, and they The clerk will report the amendment side to Coons and we don’t need that. Is have had to sign up for plans that they by number. that true? don’t like. With this amendment, we The senior assistant legislative clerk Mr. ENZI. Mr. President, I ask unani- can alleviate this frustration. We can read as follows: mous consent that my previous unani- help ensure that they receive quality The Senator from Wyoming [Mr. ENZI], for mous consent request be vitiated. care in their communities surrounded Mr. HATCH, proposes an amendment num- The PRESIDING OFFICER. Without by a support system. It would strength- bered 180. objection, it is so ordered. en women’s health. It would help take The amendment is as follows: Mr. ENZI. Mr. President, I ask unani- care of our families, our neighbors, and mous consent that the Senate vote in (Purpose: To establish a deficit-neutral re- our friends. serve fund relating to strengthening Social relation to the following amendments The PRESIDING OFFICER. The Sen- Security and repealing and replacing in the order listed with all other provi- ator from New York. Obamacare, which has increased health sions of the previous order remaining Mrs. GILLIBRAND. Mr. President, I care costs, raised taxes on middle-class in effect; further, that there be no sec- rise to oppose the amendment of the families, reduced access to high quality ond-degree amendments in order to the Senator from Nebraska. While we all care, created disincentives for work, and amendments listed: That would be support community health centers, and caused tens of thousands of Americans to Fischer 184 and Gillibrand 82. they are very useful in the State of lose coverage they had and liked, and re- The PRESIDING OFFICER. Without New York as well, this is just another placing it with reforms that strengthen Medicaid and the Children’s Health Insur- objection, it is so ordered. attempt to end the protections the Af- ance Program without prioritizing able- The Senator from Nebraska. fordable Care Act provides for women. bodied adults over the disabled or children AMENDMENT NO. 184 Nothing in this amendment will say and lead to patient-centered, step-by-step Mrs. FISCHER. Mr. President, I call that you cannot charge women more health reforms that provide access to qual- up my amendment No. 184. for health care just because they are ity, affordable private health care coverage The PRESIDING OFFICER. The women. Nothing in this amendment for all Americans and their families by in- clerk will report. will say that you cannot charge women creasing competition, State flexibility, and for health care or drop their coverage individual choice, and safeguarding con- The bill clerk read as follows: sumer protections that Americans support) when they become pregnant. Nothing The Senator from Nebraska [Mrs. FISCHER] At the end of title III, add the following: proposes an amendment numbered 184. in this amendment provides for any re- strictions on discrimination. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND The amendment is as follows: RELATING TO STRENGTHENING SO- It does not provide the mammo- (Purpose: To establish a deficit-neutral re- CIAL SECURITY AND REPEALING serve fund relating to strengthening Social grams, the preventive care services, AND REPLACING OBAMACARE. Security or health care for women, which the contraception care, and other af- The Chairman of the Committee on the may include strengthening community fordable cancer screenings that women Budget of the Senate may revise the alloca- health centers, and repealing and replacing need. This amendment does not protect tions of a committee or committees, aggre- Obamacare) women’s health care. They will still be gates, and other appropriate levels in this resolution for one or more bills, joint resolu- At the appropriate place, add the fol- discriminated against, charged more, tions, amendments, amendments between lowing: and drop coverage as soon as they be- the Houses, motions, or conference reports SEC. lll. DEFICIT-NEUTRAL RESERVE FUND come pregnant. It is not acceptable. relating to strengthening Social Security RELATING TO SOCIAL SECURITY OR I raise a point of order that the pend- and repealing and replacing Obamacare, WOMEN’S HEALTH. ing amendment is not germane to the which may include reforms that strengthen The Chairman of the Committee on the Medicaid and the Children’s Health Insur- Budget of the Senate may revise the alloca- underlying resolution and therefore violates section 305(b)(2) of the Con- ance Program without prioritizing able-bod- tions of a committee or committees, aggre- ied adults over the disabled or children and gates, and other appropriate levels in this gressional Budget Act of 1974. Mrs. FISCHER. Mr. President, pursu- lead to step-by-step reforms providing access resolution for one or more bills, joint resolu- to quality, affordable coverage for all Ameri- tions, amendments, amendments between ant to section 904 of the Congressional cans, and safeguarding consumer protec- the Houses, motions, or conference reports, Budget Act of 1974 and the waiver pro- tions, without raising new revenue, by the relating to strengthening Social Security or visions of applicable budget resolu- amounts provided in such legislation for health care for women, which may include tions, I move to waive all applicable those purposes, provided that such legisla- strengthening community health centers, sections of that act and applicable tion would not increase the deficit over ei- and repealing and replacing the Patient Pro- ther the period of the total of fiscal years tection and Affordable Care Act, by the budget resolutions for purposes of my amendment, and I ask for the yeas and 2017 through 2021 or the period of the total of amounts provided in such legislation for fiscal years 2017 through 2026. those purposes, provided that such legisla- nays. tion would not increase the deficit over ei- The PRESIDING OFFICER. Is there a VOTE ON AMENDMENT NO. 184 ther the period of the total of fiscal years sufficient second? The PRESIDING OFFICER. The 2017 through 2021 or the period of the total of There appears to be a sufficient sec- question is on agreeing to the motion fiscal years 2017 through 2026. ond. to waive. Mrs. FISCHER. Mr. President, this The yeas and nays were ordered. The yeas and nays have been ordered. amendment would strengthen commu- The PRESIDING OFFICER. The Sen- The clerk will call the roll. nity health centers across this coun- ator from Wyoming. The bill clerk called the roll. try. In Nebraska we have 7 federally Mr. ENZI. Mr. President, I ask unani- Mr. CORNYN. The following Senator qualified health centers and 40 clinic mous consent to reinstate my previous is necessarily absent: the Senator from sites that have served over 75,000 peo- unanimous consent which would be: Alabama (Mr. SESSIONS). ple. These centers provide quality per- Fischer 184, then Gillibrand 82, Hatch Mr. DURBIN. I announce that the sonalized health care that women need 180, Brown 86; further, that the pending Senator from California (Mrs. FEIN- and deserve. amendments, aside from these listed, STEIN) is necessarily absent.

VerDate Sep 11 2014 08:37 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.066 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S264 CONGRESSIONAL RECORD — SENATE January 11, 2017 The PRESIDING OFFICER. Are there Care Act. We need women’s health pro- The point of order is sustained and any other Senators in the Chamber de- tected, and that is what this amend- the amendment falls. siring to vote? ment does. The Senator from Utah. The yeas and nays resulted—yeas 52, The PRESIDING OFFICER. The Sen- AMENDMENT NO. 180 nays 46, as follows: ator from Wyoming. Mr. HATCH. Mr. President, as I stat- [Rollcall Vote No. 22 Leg.] Mr. ENZI. Mr. President, the Con- ed, ObamaCare came along when States YEAS—52 gressional Budget Act requires that were already facing difficult fiscal amendments to a budget resolution be Alexander Flake Paul choices, and, sadly, made things worse. Barrasso Gardner Perdue germane. Since this amendment does ObamaCare’s Medicaid expansion exac- Blunt Graham Portman not meet the standard required by erbated the pressure on States without Boozman Grassley Risch budget law, a point of order would lie. even addressing the numerous quality Burr Hatch Roberts Capito Heller So I raise a point of order against issues in the program. Republicans are Rounds this amendment under section 305(b)(2) Cassidy Hoeven Rubio still committed to working with inter- Cochran Inhofe Sasse of the Congressional Budget Act of ested parties, including our State gov- Collins Isakson Scott 1974. Corker Johnson ernments, to reform Medicaid and en- Shelby Cornyn Kennedy Mrs. GILLIBRAND. Mr. President, sure its long-term sustainability. That Sullivan Cotton Lankford pursuant to section 904 of the Congres- is the purpose of my amendment here Crapo Lee Thune sional Budget Act of 1974, I move to Tillis tonight. Cruz Manchin waive section 305(b)(2) of that act for Daines McCain Toomey My amendment would create a def- Enzi McConnell Wicker the purposes of the pending amend- icit-neutral reserve fund to allow for Ernst Moran Young ment, and I ask for the yeas and nays. reforms to Medicaid as well as the Fischer Murkowski The PRESIDING OFFICER. Is there a Children’s Health Insurance Program NAYS—46 sufficient second? and to ensure the programs have the Baldwin Harris Peters There appears to be a sufficient sec- right priorities. Bennet Hassan Reed ond. I urge my colleagues to vote for my Blumenthal Heinrich Sanders The question is on agreeing to the amendment and against the Brown Booker Heitkamp Schatz motion to waive. Brown Hirono amendment, which is simply designed Schumer The clerk will call the roll. Cantwell Kaine Shaheen to prevent the repeal of ObamaCare Cardin King Stabenow The legislative clerk called the roll. and enshrine its flawed approach to Carper Klobuchar Tester Mr. CORNYN. The following Senator Medicaid in a budget point of order. Casey Leahy Udall is necessarily absent: the Senator from Coons Markey The PRESIDING OFFICER. The Sen- Van Hollen Cortez Masto McCaskill Alabama (Mr. SESSIONS). ator from Ohio. Warner Donnelly Menendez Mr. DURBIN. I announce that the Mr. BROWN. Mr. President, I rise in Warren Duckworth Merkley Senator from California (Mrs. FEIN- opposition to the Hatch amendment. Durbin Murphy Whitehouse STEIN) is necessarily absent. Franken Murray Wyden Because of the Affordable Care Act, Gillibrand Nelson The PRESIDING OFFICER. Are there more than 2 million children have any other Senators in the Chamber de- health insurance today that did not NOT VOTING—2 siring to vote? have it prior to the Affordable Care Feinstein Sessions The yeas and nays resulted—yeas 49, Act. The PRESIDING OFFICER. On this nays 49, as follows: In my State, Governor Kasich, a Re- vote, the yeas are 52, the nays are 46. [Rollcall Vote No. 23 Leg.] publican, who is a friend of mine and of Three-fifths of the Senators duly cho- YEAS—49 many of us in this Chamber, has said sen and sworn not having voted in the Baldwin Harris Nelson that he has admonished his Republican affirmative, the motion is rejected. Bennet Hassan Peters colleagues to not repeal the Affordable The point of order is sustained and Blumenthal Heinrich Reed Care Act without an immediate re- the amendment falls. Booker Heitkamp Sanders Brown Heller placement. Governor Kasich expanded The Senator from New York. Schatz Cantwell Hirono Schumer Medicaid. As a result, 700,000 Ohioans AMENDMENT NO. 82 Cardin Kaine Shaheen were provided insurance because he ex- Carper King Stabenow panded Medicaid. He asked the ques- Mrs. GILLIBRAND. Mr. President, I Casey Klobuchar Tester rise to speak in favor of amendment Collins Leahy tion: What happens to these 700,000 peo- Udall Coons Manchin ple in my State—just in Medicaid ex- No. 82. This amendment protects wom- Van Hollen en’s health care. Cortez Masto Markey pansion alone—what happens to them Donnelly McCaskill Warner Under the Affordable Care Act, we Duckworth Menendez Warren if the Hatch amendment passes or if made many changes that made a huge Durbin Merkley Whitehouse the Affordable Care Act is repealed? difference in the lives of everyday Franken Murphy Wyden I ask my colleagues to vote no on the American families. It said to women in Gillibrand Murray amendment. America: You can’t be charged more NAYS—49 Mr. President, I raise a point of order just because you are a woman. It said: Alexander Flake Perdue that the pending amendment is not You can’t be dropped from coverage Barrasso Gardner Portman germane to the underlying resolution. Blunt Graham when you become pregnant. Risch It violates section 305(b)(2) of the Con- Boozman Grassley Roberts Imagine becoming pregnant and hav- Burr Hatch gressional Budget Act of 1974. Rounds The PRESIDING OFFICER. The Sen- ing your insurer drop your coverage be- Capito Hoeven Rubio cause you no longer are economic or Cassidy Inhofe Sasse ator from Utah. Cochran Isakson Scott Mr. HATCH. Mr. President, I move to you cost too much money. Imagine Corker Johnson Shelby waive the applicable provisions of the Cornyn Kennedy being a cancer survivor and then hav- Sullivan Cotton Lankford Budget Act for purposes of the pending ing your coverage dropped because you Thune Crapo Lee amendment, and I ask for the yeas and survived cancer and you cost too much Cruz McCain Tillis Toomey nays. money. Daines McConnell The PRESIDING OFFICER. Is there a In the Affordable Care Act, we made Enzi Moran Wicker Ernst Murkowski Young sufficient second? sure contraception, preventive care Fischer Paul There appears to be a sufficient sec- service, health care screenings, and NOT VOTING—2 ond. mammograms were affordable and ac- The question is on agreeing to the cessible. If we take that away, these Feinstein Sessions motion to waive. families are left without the basic care The PRESIDING OFFICER. On this The clerk will call the roll. they need to survive. vote, the yeas are 49, the nays are 49. The bill clerk called the roll. So if you love women and you love Three-fifths of the Senators duly cho- Mr. CORNYN. The following Senator your mothers and daughters and wives, sen and sworn not having voted in the is necessarily absent: the Senator from please do not unwind the Affordable affirmative, the motion is rejected. Alabama (Mr. SESSIONS).

VerDate Sep 11 2014 09:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.063 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S265 Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- The Senator from Wyoming. Senator from California (Mrs. FEIN- ator from Wyoming. Mr. ENZI. Mr. President, I ask unani- STEIN) is necessarily absent. Mr. ENZI. Mr. President, the Con- mous consent there be 2 minutes of de- The PRESIDING OFFICER (Mr. gressional Budget Act requires that bate, equally divided in the usual form, GARDNER). Are there any other Sen- amendments to a budget resolution be prior to the vote on adoption of S. Con. ators in the Chamber desiring to vote? germane. Since this amendment does Res. 3. The yeas and nays resulted—yeas 51, not meet the standard required by The PRESIDING OFFICER. Is there nays 47, as follows: budget law, I raise a point of order objection? [Rollcall Vote No. 24 Leg.] against this amendment under section Without objection, it is so ordered. YEAS—51 305(b)(2) of the Congressional Budget Mr. ENZI. Mr. President, the repeal Act of 1974. resolution we have been debating in Alexander Fischer Murkowski Barrasso Flake Paul The PRESIDING OFFICER. The Sen- the Senate this week will complete the Blunt Gardner Perdue ator from Ohio. first step toward reducing the Federal Boozman Graham Portman Mr. BROWN. Mr. President, pursuant Government’s role that has prevented Burr Grassley Risch to section 904 of the Congressional Capito Hatch Roberts Americans from pursuing affordable Cassidy Heller Rounds Budget Act of 1974, I move to waive and accessible health care that meets Cochran Hoeven Rubio section 305(b)(2) of that act for pur- their needs without emptying their Collins Inhofe Sasse poses of the pending amendment, and I wallets. After we complete our repeal Corker Isakson Scott ask for the yeas and nays. work, the Senate can then vigorously Cornyn Johnson Shelby The PRESIDING OFFICER. Is there a Cotton Kennedy Sullivan pursue putting the Nation on a more Crapo Lankford Thune sufficient second? responsible and sustainable fiscal path Cruz Lee Tillis There appears to be a sufficient sec- and address government’s out-of-con- Daines McCain Toomey ond. Enzi McConnell Wicker The question is on agreeing to the trol spending and mammoth national Ernst Moran Young motion to waive. debt when we begin our work on the NAYS—47 The clerk will call the roll. fiscal year 2018 budget. Baldwin Harris Nelson The senior assistant legislative clerk This resolution will set the stage for Bennet Hassan Peters called the roll. true legislative relief from ObamaCare Blumenthal Heinrich Reed Mr. CORNYN. The following Senator that Americans have long demanded Booker Heitkamp Sanders while ensuring a stable transition in Brown Hirono is necessarily absent: the Senator from Schatz which those with insurance will not Cantwell Kaine Schumer Alabama (Mr. SESSIONS). Cardin King Shaheen Mr. DURBIN. I announce that the lose access to health care coverage. Carper Klobuchar Stabenow Senator from California (Mrs. FEIN- This will allow us to move step-by-step Casey Leahy Tester Coons Manchin STEIN) is necessarily absent. on a new set of reforms, listening care- Udall Cortez Masto Markey The PRESIDING OFFICER. Are there fully to the advice of millions of Amer- Van Hollen Donnelly McCaskill Warner any other Senators in the Chamber de- icans affected or as Senator ALEX- Duckworth Menendez siring to vote? ANDER of Tennessee—the chairman of Durbin Merkley Warren Franken Murphy Whitehouse The yeas and nays resulted—yeas 49, the Health, Education, Labor, and Pen- Gillibrand Murray Wyden nays 49, as follows: sions Committee—put it, the NOT VOTING—2 [Rollcall Vote No. 25 Leg.] ObamaCare bridge is collapsing, and we YEAS—49 are sending in a rescue team. We will Feinstein Sessions Baldwin Harris Nelson then build new bridges to better health The PRESIDING OFFICER. On this Bennet Hassan Peters care, and finally, when these new vote, the yeas are 51, the nays are 47. Blumenthal Heinrich Reed bridges are finished, we will close the Booker Heitkamp Three-fifths of the Senators duly cho- Sanders old bridge. sen and sworn not having voted in the Brown Heller Schatz Cantwell Hirono Schumer The PRESIDING OFFICER. The Sen- affirmative, the motion is rejected. Cardin Kaine Shaheen ator from Vermont. The point of order is sustained and Carper King Stabenow Casey Klobuchar Mr. SANDERS. Mr. President, the the amendment falls. Tester Collins Leahy adoption of this budget resolution will Udall The Senator from Ohio. Coons Manchin Van Hollen allow Republicans to come back to the AMENDMENT NO. 86 Cortez Masto Markey Warner floor of the Senate with a budget rec- Mr. BROWN. Mr. President, I call for Donnelly McCaskill Duckworth Menendez Warren onciliation package which will repeal amendment No. 86. Durbin Merkley Whitehouse the ACA with a simple majority. If The PRESIDING OFFICER. The Franken Murphy Wyden they do that, up to 30 million Ameri- amendment is pending. Gillibrand Murray cans will lose their health care, with Mr. BROWN. Mr. President, thanks NAYS—49 many thousands dying as a result. Be- to Medicaid and the Children’s Health Alexander Flake Perdue cause if you have no health insurance Insurance Program, CHIP—two pro- Barrasso Gardner Portman and you can’t go to a doctor or a hos- grams made stronger by the Affordable Blunt Graham Risch Boozman Grassley pital, you die. Care Act—95 percent of children in Roberts Burr Hatch Rounds Medicare will be converted into a America now have affordable, com- Capito Hoeven Rubio voucher program. Medicaid will be prehensive health insurance that cov- Cassidy Inhofe Sasse decimated. Rural hospitals will be Cochran Isakson Scott ers annual physicals, dental care, and Corker Johnson closed, and they have no alternative Shelby hospital stays. Why would we want to Cornyn Kennedy Sullivan proposition. They want to kill ACA, Cotton Lankford move backward instead of building on Thune but they have no idea about how they that 95 percent? Crapo Lee Cruz McCain Tillis are going to bring forth a substitute Amendment No. 86 creates a budget Daines McConnell Toomey proposal. This is not what the Amer- point of order against any legislation Enzi Moran Wicker ican people want. This is irresponsible. Young that would decrease coverage, reduce Ernst Murkowski This is dangerous. This should be de- Fischer Paul benefits, or raise costs when it comes feated. to children’s health insurance. Rather NOT VOTING—2 Mr. MCCONNELL. I ask for the yeas than ripping away coverage from chil- Feinstein Sessions and nays. dren, we should be building on that 95 The PRESIDING OFFICER. On this The PRESIDING OFFICER. Is there a percent number; we should build on vote, the yeas are 49, the nays are 49. sufficient second? that progress; we should work to get Three-fifths of the Senators duly cho- There appears to be a sufficient sec- 100 percent of our Nation’s children sen and sworn not having voted in the ond. covered. affirmative, the motion is rejected. The question is on adoption of S. I urge my colleagues to support this The point of order is sustained and Con. Res. 3. amendment. the amendment falls. The clerk will call the roll.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.065 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S266 CONGRESSIONAL RECORD — SENATE January 11, 2017 The bill clerk called the roll. Mrs. SHAHEEN. On behalf of hun- The PRESIDING OFFICER. The Sen- Mr. DURBIN. I announce that the dreds of thousands of New Hampshire— ator is not recorded. Senator from California (Mrs. FEIN- The PRESIDING OFFICER. The Sen- Mr. TESTER. On behalf of the 69 hos- STEIN) is necessarily absent. ate will be in order. pitals in Montana— Mr. SCHUMER. Mr. President, on be- Debate is not allowed during a vote. The PRESIDING OFFICER. Debate is half of the tens of millions of Ameri- Mrs. SHAHEEN.—patients who need not allowed during a vote. cans who will have their costs go up— health care, I vote no. The Senate will be in order. The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is Mr. TESTER.—I vote no. not in order during a rollcall vote. not allowed during a vote. Ms. DUCKWORTH. Madam Clerk, Mr. SCHUMER.—whether they are in Mr. HEINRICH. Madam Clerk, how how am I recorded? am I recorded? the exchange or not, if ACA is repealed, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- I vote no. ator is not recorded. The PRESIDING OFFICER. The ator is not recorded. Ms. DUCKWORTH. On behalf of the Democratic leader is not in order. Mr. HEINRICH. On behalf of all the 1.2 million Illinoisans— Debate is not in order during a vote. children of New Mexico— The Senator from Illinois. The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is Mr. DURBIN. How am I recorded? not allowed during a vote. not allowed during a vote. On behalf of the downstate hospitals The Senate will be in order. The Senate will be in order. of Illinois, I vote no. Mr. HEINRICH.—who gained cov- Ms. DUCKWORTH.—who will lose The PRESIDING OFFICER. Debate is erage from Medicaid expansion, I vote health insurance with this repeal of the not in order during a vote. no. ACA and for all those with preexisting Mrs. MURRAY. For those who have a The PRESIDING OFFICER. The Sen- conditions, I stand on prosthetic legs preexisting condition, I vote no. ate will be in order. to vote no. The PRESIDING OFFICER. Debate is Mr. DONNELLY. Madam Clerk, how Mr. CASEY. Madam Clerk, how am I not in order during a vote. am I recorded? recorded? Ms. STABENOW. On behalf of the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- people of Michigan— ator is not recorded. ator is not recorded. The PRESIDING OFFICER. Debate is Mr. DONNELLY. On behalf of the Mr. CASEY. I vote no— not in order during a vote. people of Indiana, I vote no. The PRESIDING OFFICER. Debate is Ms. STABENOW.—I vote no. The PRESIDING OFFICER. Debate is not allowed during a vote. The PRESIDING OFFICER. The Sen- not allowed during a vote. The Senate will be in order. ate will be in order. The Senate will be in order. Mr. CASEY.—on behalf of the chil- Mr. SANDERS. How am I recorded? Ms. KLOBUCHAR. Madam Clerk, how dren of Pennsylvania. On behalf of elderly people who can- am I recorded? Ms. CORTEZ MASTO. Madam Clerk, not afford higher prescription drugs, I The PRESIDING OFFICER. The Sen- how am I recorded? ator is not recorded. vote no. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Debate is Ms. KLOBUCHAR. Because there is ator is not recorded. not in order during a vote. no plan in the alternative, I vote no. Ms. CORTEZ MASTO. On behalf of The Senate will be in order. The PRESIDING OFFICER. Debate is Mr. LEAHY. Mr. President, how am I not allowed during a vote. the thousands of Nevadans— recorded? The Senate will be in order. The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. The Sen- Ms. BALDWIN. Madam Clerk, how not allowed during a vote. ator is not recorded. am I recorded? The Senate will be in order. Mr. LEAHY. I join my colleague from The PRESIDING OFFICER. The Sen- Ms. CORTEZ MASTO.—who will lose Vermont, and I vote no. ator is not recorded. health care, I vote no. Mr. NELSON. I vote no. Ms. BALDWIN. I vote no because— Mr. SCHATZ. Madam Clerk, how am Mrs. MCCASKILL. Because there is The PRESIDING OFFICER. Debate is I recorded? no replace, I vote no. not allowed during a vote. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Debate is The Senate will be in order. ator is not recorded. not allowed during a vote. Ms. BALDWIN.—the people of Wis- Mr. SCHATZ. I vote no on behalf of Mr. CARDIN. Mr. President, on be- consin did not send me here to take the people who need mental health half of the people of Maryland, I vote away their health care. care. no. Mr. MERKLEY. Madam Clerk, how The PRESIDING OFFICER. Debate is Mr. BROWN. How am I recorded? am I recorded? not allowed during a vote. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Mrs. GILLIBRAND. Madam Clerk, ator is not recorded. ator is not recorded. how am I recorded? Mr. BROWN. On behalf of 700,000 Mr. MERKLEY. Because repeal and The PRESIDING OFFICER. The Sen- Ohioans losing their insurance, I vote run will hurt hundreds of thousands of ator is not recorded. no. Oregonians— Mrs. GILLIBRAND. I vote no— The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is not allowed during a vote. not allowed during a vote. not allowed during a vote. Ms. CANTWELL. How am I recorded? The Senate will be in order. The Senate will be in order. Mr. MERKLEY.—I vote no. This is not business as usual. Mrs. GILLIBRAND.—on behalf of all The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. The Sen- the women who need health care. not allowed during a vote. ate will be in order. Mr. MURPHY. Madam Clerk, how am The Senate will be in order. Mr. COONS. Madam Clerk, how am I Ms. CANTWELL. You are stealing recorded? I recorded? health care from Americans. I vote no. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator is not recorded. ator is not recorded. ate will be in order. Mr. COONS. On behalf of the many Mr. MURPHY. This is cruel and inhu- Mr. KAINE. Madam Clerk, when I Delawareans who will be without mane. was sick, you visited me. I vote no. health care through repeal without re- The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is place— not allowed during a vote. not allowed during a vote. The PRESIDING OFFICER. Debate is The Senate will be in order. The Senate will be in order. not allowed during a vote. Mr. MURPHY. I vote no. Mrs. SHAHEEN. Madam Clerk, how The Senate will be in order. Ms. HASSAN. Madam Clerk, how am am I recorded? Mr. COONS.—I vote no. I recorded? The PRESIDING OFFICER. The Sen- Mr. TESTER. Madam Clerk, how am The PRESIDING OFFICER. The Sen- ator is not recorded. I recorded? ator is not recorded.

VerDate Sep 11 2014 09:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.073 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S267 Ms. HASSAN. On behalf of the thou- can no longer be discriminated against The Senate will be in order. sands of New Hampshire residents— because of the ACA. The Senator will suspend. The PRESIDING OFFICER. Debate is Ms. WARREN. Madam Clerk, how am Mr. VAN HOLLEN.—I vote no. not allowed during a vote. I recorded? Mr. MARKEY. Madam Clerk, how am The Senate will be in order. The PRESIDING OFFICER. The Sen- I recorded? Ms. HASSAN.—who will lose treat- ator is not recorded. The PRESIDING OFFICER. The Sen- ment, I vote no. Ms. WARREN. Madam Clerk, on be- ator is not recorded. Ms. HIRONO. Madam Clerk, how am half of the Republicans and Demo- Mr. MARKEY. Madam Clerk, I wish I recorded? crats— to be recorded no for the millions— The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is ator is not recorded. not allowed during a vote. not allowed during a vote. Ms. HIRONO. On behalf of the 200,000 The Senator is out of order. The Senate will come to order. seniors in Hawaii on Medicare— The Senator may vote. The PRESIDING OFFICER. Debate is Mr. MARKEY.—who will lose opioid Ms. WARREN.—who worked for a coverage for their addiction. not allowed during a vote. decade in Massachusetts to bring The PRESIDING OFFICER. The Sen- The Senate will be in order. health care to 97 percent of our people, ator will suspend debate. Ms. HIRONO.—I vote no. I vote no. Mr. BENNET. Mr. President, how am Mr. WARNER. Madam Clerk, how am Mr. KING. Madam Clerk, how am I I recorded? I recorded? recorded? The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator is not recorded. ator is not recorded. ator is not recorded. Mr. WARNER. On behalf of the chil- Mr. KING. My conscience compels me Mr. BENNET. Thank you, Mr. Presi- dren of the Commonwealth of Virginia to vote no. dent. I vote no on behalf of the chil- I vote no. The PRESIDING OFFICER. Debate is dren— The PRESIDING OFFICER. Debate is not allowed during a vote. The PRESIDING OFFICER. Debate is not allowed during a vote. The Senate will be in order. not allowed during a vote. The Senate will be in order. Ms. HARRIS. Madam Clerk, how am The Senate will be in order. Mr. BLUMENTHAL. Madam Clerk, I recorded? Mr. BENNET.—of Colorado. how am I recorded? The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ator is not recorded. ator from Colorado will suspend. ator is not recorded. Ms. HARRIS. On behalf of the 5 mil- Ms. HEITKAMP. Mr. President, how Mr. BLUMENTHAL. Madam Clerk, lion Californians— am I recorded? on behalf of all the people mentioned The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. The Sen- here tonight— not allowed during a vote. ator is not recorded. The PRESIDING OFFICER. Debate is The Senate will be in order. Ms. HEITKAMP. On behalf of the not allowed during a vote. The Senator may vote. The Senate will be in order. thousands of people— Ms. HARRIS.—who will be stripped of Mr. BLUMENTHAL.—and all who The PRESIDING OFFICER. The Sen- their right to have health care, my will be mentioned, and on behalf of the ator will suspend. vote is no. people of Connecticut, I vote no. Debate it not allowed during a vote. Mr. WYDEN. Madam Clerk, because The clerk will continue to call the The Senate will be in order. health care— roll. Ms. HEITKAMP.—who receive health The PRESIDING OFFICER. Debate is Mr. MANCHIN. Mr. President, on be- care in my State in rural hospitals who not allowed during a vote. half of the great people of West Vir- do not know how they are going to get The Senate will be in order. ginia, I vote no. health care if this passes without a re- Mr. WYDEN.—should not just be for The PRESIDING OFFICER. Debate is placement, I vote no. the healthy and wealthy, I vote no. not in order during a vote. Mr. CARPER. Mr. President, how am Mr. WHITEHOUSE. Madam Clerk, The Senate will be in order. I recorded? how am I recorded? Mr. PETERS. Mr. President, how am The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- I recorded? ator is not recorded. ator is not recorded. The PRESIDING OFFICER. The Sen- Mr. CARPER. On behalf of the peo- Mr. WHITEHOUSE. On behalf of 14- ator is not recorded. ple— year-old Charlie, in Woonsocket, RI, Mr. PETERS. Mr. President, on be- The PRESIDING OFFICER. Debate is who suffers from neurofibromatosis half of the people of Michigan— not allowed during a vote. The PRESIDING OFFICER. Debate is and can stay on his parents’ policy The Senate will be in order. not allowed during a vote. until he is 26— Mr. CARPER.—in the State of Dela- The Senate will come to order. The PRESIDING OFFICER. Debate is ware, I vote no. Mr. PETERS.—the over 800,000 who not allowed during a vote. Mr. MENENDEZ. Mr. President, how will be having their insurance re- The Senate will be in order. am I recorded? Mr. WHITEHOUSE.—and cannot be pealed—I vote no. Mr. UDALL. Mr. President, how am I The PRESIDING OFFICER. The Sen- denied health care for his preexisting ator is not recorded. condition, I vote no. recorded? The PRESIDING OFFICER. The Sen- Mr. MENENDEZ. I am not recorded. Mr. REED. Madam Clerk, for the peo- No to no protections. ple of Rhode Island I vote no. ator is not recorded. The PRESIDING OFFICER. Debate is The PRESIDING OFFICER. Debate is Mr. UDALL. I vote no— not allowed during a vote. not allowed during a vote. The PRESIDING OFFICER. Debate is The Senate will come to order. not allowed during a vote. The Senate will be in order. Mr. FRANKEN. Madam Clerk, how The Senate will be in order. The Senator from New Jersey. am I recorded? Mr. UDALL.—because this will hurt Mr. BOOKER. Mr. President, how am The PRESIDING OFFICER. The Sen- the citizens of New Mexico and the Re- I recorded? ator is not recorded. publicans have no plan—no plan. The PRESIDING OFFICER. The Sen- Mr. FRANKEN. I vote no— Mr. VAN HOLLEN. Mr. President, ator is not recorded. The PRESIDING OFFICER. Debate is how am I recorded? Mr. BOOKER. I vote no for New Jer- not allowed during a vote. The PRESIDING OFFICER. The Sen- sey. The Senate will be in order. ator is not recorded. The PRESIDING OFFICER. Are there The clerk will continue to call the Mr. VAN HOLLEN. Because it is any other Senators in the Chamber de- roll. wrong to repeal and run— siring to vote? Mr. FRANKEN.—on behalf of the The PRESIDING OFFICER. Debate is The result was announced—yeas 51, more than 2.3 million Minnesotans who not allowed during a vote. nays 48, as follows:

VerDate Sep 11 2014 09:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.075 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S268 CONGRESSIONAL RECORD — SENATE January 11, 2017 [Rollcall Vote No. 26 Leg.] TITLE I—RECOMMENDED LEVELS AND Fiscal year 2024: $26,701,273,000,000. YEAS—51 AMOUNTS Fiscal year 2025: $27,869,175,000,000. Fiscal year 2026: $29,126,158,000,000. Alexander Fischer Murkowski Subtitle A—Budgetary Levels in Both Houses (6) DEBT HELD BY THE PUBLIC.—The appro- Barrasso Flake Perdue SEC. 1101. RECOMMENDED LEVELS AND Blunt Gardner Portman AMOUNTS. priate levels of debt held by the public are as follows: Boozman Graham Risch The following budgetary levels are appro- Burr Grassley Roberts Fiscal year 2017: $14,593,316,000,000. priate for each of fiscal years 2017 through Capito Hatch Rounds Fiscal year 2018: $15,198,740,000,000. 2026: Cassidy Heller Rubio Fiscal year 2019: $15,955,144,000,000. (1) FEDERAL REVENUES.—For purposes of Cochran Hoeven Sasse Fiscal year 2020: $16,791,740,000,000. Collins Inhofe Scott the enforcement of this resolution: Fiscal year 2021: $17,713,599,000,000. Corker Isakson Sessions (A) The recommended levels of Federal Fiscal year 2022: $18,787,230,000,000. Cornyn Johnson Shelby revenues are as follows: Fiscal year 2023: $19,901,290,000,000. Cotton Kennedy Sullivan Fiscal year 2017: $2,682,088,000,000. Crapo Lankford Thune Fiscal year 2024: $21,033,163,000,000. Cruz Lee Tillis Fiscal year 2018: $2,787,834,000,000. Fiscal year 2019: $2,884,637,000,000. Fiscal year 2025: $22,301,661,000,000. Daines McCain Toomey Fiscal year 2026: $23,691,844,000,000. Enzi McConnell Wicker Fiscal year 2020: $3,012,645,000,000. Ernst Moran Young Fiscal year 2021: $3,131,369,000,000. SEC. 1102. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2022: $3,262,718,000,000. Congress determines and declares that the NAYS—48 Fiscal year 2023: $3,402,888,000,000. appropriate levels of new budget authority Baldwin Harris Nelson Fiscal year 2024: $3,556,097,000,000. and outlays for fiscal years 2017 through 2026 Bennet Hassan Paul Fiscal year 2025: $3,727,756,000,000. for each major functional category are: Blumenthal Heinrich Peters Fiscal year 2026: $3,903,628,000,000. (1) National Defense (050): Booker Heitkamp Reed Fiscal year 2017: Brown Hirono Sanders (B) The amounts by which the aggregate Cantwell Kaine Schatz levels of Federal revenues should be changed (A) New budget authority, $623,910,000,000. Cardin King Schumer are as follows: (B) Outlays, $603,716,000,000. Carper Klobuchar Shaheen Fiscal year 2017: $0. Fiscal year 2018: Casey Leahy Stabenow Fiscal year 2018: $0. (A) New budget authority, $618,347,000,000. Coons Manchin Tester Fiscal year 2019: $0. (B) Outlays, $601,646,000,000. Cortez Masto Markey Udall Fiscal year 2020: $0. Fiscal year 2019: Donnelly McCaskill Van Hollen (A) New budget authority, $632,742,000,000. Duckworth Menendez Warner Fiscal year 2021: $0. Durbin Merkley Warren Fiscal year 2022: $0. (B) Outlays, $617,943,000,000. Franken Murphy Whitehouse Fiscal year 2023: $0. Fiscal year 2020: Gillibrand Murray Wyden Fiscal year 2024: $0. (A) New budget authority, $648,198,000,000. Fiscal year 2025: $0. (B) Outlays, $632,435,000,000. NOT VOTING—1 Fiscal year 2026: $0. Fiscal year 2021: Feinstein (2) NEW BUDGET AUTHORITY.—For purposes (A) New budget authority, $663,703,000,000. The concurrent resolution (S. Con. of the enforcement of this resolution, the ap- (B) Outlays, $646,853,000,000. Res. 3) was agreed to, as follows: propriate levels of total new budget author- Fiscal year 2022: ity are as follows: (A) New budget authority, $679,968,000,000. S. CON. RES. 3 Fiscal year 2017: $3,308,000,000,000. (B) Outlays, $666,926,000,000. Fiscal year 2018: $3,350,010,000,000. Fiscal year 2023: CONCURRENT RESOLUTION Fiscal year 2019: $3,590,479,000,000. (A) New budget authority, $696,578,000,000. Resolved by the Senate (the House of Rep- Fiscal year 2020: $3,779,449,000,000. (B) Outlays, $678,139,000,000. resentatives concurring), Fiscal year 2021: $3,947,834,000,000. Fiscal year 2024: SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2022: $4,187,893,000,000. (A) New budget authority, $713,664,000,000. BUDGET FOR FISCAL YEAR 2017. Fiscal year 2023: $4,336,952,000,000. (B) Outlays, $689,531,000,000. (a) DECLARATION.—Congress declares that Fiscal year 2024: $4,473,818,000,000. Fiscal year 2025: this resolution is the concurrent resolution Fiscal year 2025: $4,726,484,000,000. (A) New budget authority, $731,228,000,000. on the budget for fiscal year 2017 and that Fiscal year 2026: $4,961,154,000,000. (B) Outlays, $711,423,000,000. this resolution sets forth the appropriate (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2026: budgetary levels for fiscal years 2018 through enforcement of this resolution, the appro- (A) New budget authority, $750,069,000,000. 2026. priate levels of total budget outlays are as (B) Outlays, $729,616,000,000. (b) TABLE OF CONTENTS.—The table of con- follows: (2) International Affairs (150): tents for this concurrent resolution is as fol- Fiscal year 2017: $3,264,662,000,000. Fiscal year 2017: lows: Fiscal year 2018: $3,329,394,000,000. (A) New budget authority, $61,996,000,000. Sec. 1. Concurrent resolution on the budget Fiscal year 2019: $3,558,237,000,000. (B) Outlays, $51,907,000,000. for fiscal year 2017. Fiscal year 2020: $3,741,304,000,000. Fiscal year 2018: TITLE I—RECOMMENDED LEVELS AND Fiscal year 2021: $3,916,533,000,000. (A) New budget authority, $60,099,000,000. AMOUNTS Fiscal year 2022: $4,159,803,000,000. (B) Outlays, $53,541,000,000. Subtitle A—Budgetary Levels in Both Fiscal year 2023: $4,295,742,000,000. Fiscal year 2019: Houses Fiscal year 2024: $4,419,330,000,000. (A) New budget authority, $61,097,000,000. Fiscal year 2025: $4,673,813,000,000. (B) Outlays, $55,800,000,000. Sec. 1101. Recommended levels and amounts. Fiscal year 2026: $4,912,205,000,000. Fiscal year 2020: Sec. 1102. Major functional categories. (4) DEFICITS.—For purposes of the enforce- (A) New budget authority, $60,686,000,000. Subtitle B—Levels and Amounts in the ment of this resolution, the amounts of the (B) Outlays, $57,690,000,000. Senate deficits are as follows: Fiscal year 2021: Sec. 1201. Social Security in the Senate. Fiscal year 2017: $582,574,000,000. (A) New budget authority, $61,085,000,000. Sec. 1202. Postal Service discretionary ad- Fiscal year 2018: $541,560,000,000. (B) Outlays, $58,756,000,000. ministrative expenses in the Fiscal year 2019: $673,600,000,000. Fiscal year 2022: Senate. Fiscal year 2020: $728,659,000,000. (A) New budget authority, $62,576,000,000. TITLE II—RECONCILIATION Fiscal year 2021: $785,164,000,000. (B) Outlays, $60,205,000,000. Sec. 2001. Reconciliation in the Senate. Fiscal year 2022: $897,085,000,000. Fiscal year 2023: Sec. 2002. Reconciliation in the House of Fiscal year 2023: $892,854,000,000. (A) New budget authority, $64,141,000,000. Representatives. Fiscal year 2024: $863,233,000,000. (B) Outlays, $61,513,000,000. Fiscal year 2025: $946,057,000,000. Fiscal year 2024: TITLE III—RESERVE FUNDS Fiscal year 2026: $1,008,577,000,000. (A) New budget authority, $65,588,000,000. Sec. 3001. Deficit-neutral reserve fund for (5) PUBLIC DEBT.—Pursuant to section (B) Outlays, $62,705,000,000. health care legislation. 301(a)(5) of the Congressional Budget Act of Fiscal year 2025: Sec. 3002. Reserve fund for health care legis- 1974 (2 U.S.C. 632(a)(5)), the appropriate levels (A) New budget authority, $67,094,000,000. lation. of the public debt are as follows: (B) Outlays, $63,915,000,000. TITLE IV—OTHER MATTERS Fiscal year 2017: $20,034,788,000,000. Fiscal year 2026: Sec. 4001. Enforcement filing. Fiscal year 2018: $20,784,183,000,000. (A) New budget authority, $68,692,000,000. Sec. 4002. Budgetary treatment of adminis- Fiscal year 2019: $21,625,729,000,000. (B) Outlays, $65,305,000,000. trative expenses. Fiscal year 2020: $22,504,763,000,000. (3) General Science, Space, and Technology Sec. 4003. Application and effect of changes Fiscal year 2021: $23,440,271,000,000. (250): in allocations and aggregates. Fiscal year 2022: $24,509,421,000,000. Fiscal year 2017: Sec. 4004. Exercise of rulemaking powers. Fiscal year 2023: $25,605,527,000,000. (A) New budget authority, $31,562,000,000.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.068 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S269 (B) Outlays, $30,988,000,000. Fiscal year 2026: (A) New budget authority, $95,143,000,000. Fiscal year 2018: (A) New budget authority, $53,017,000,000. (B) Outlays, $105,313,000,000. (A) New budget authority, $32,787,000,000. (B) Outlays, $51,915,000,000. Fiscal year 2025: (B) Outlays, $32,225,000,000. (6) Agriculture (350): (A) New budget authority, $96,209,000,000. Fiscal year 2019: Fiscal year 2017: (B) Outlays, $107,374,000,000. (A) New budget authority, $33,476,000,000. (A) New budget authority, $25,214,000,000. Fiscal year 2026: (B) Outlays, $32,978,000,000. (B) Outlays, $24,728,000,000. (A) New budget authority, $97,323,000,000. Fiscal year 2020: Fiscal year 2018: (B) Outlays, $109,188,000,000. (A) New budget authority, $34,202,000,000. (A) New budget authority, $26,148,000,000. (9) Community and Regional Development (B) Outlays, $33,645,000,000. (B) Outlays, $24,821,000,000. (450): Fiscal year 2021: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $34,961,000,000. (A) New budget authority, $23,483,000,000. (A) New budget authority, $19,723,000,000. (B) Outlays, $34,313,000,000. (B) Outlays, $21,927,000,000. (B) Outlays, $22,477,000,000. Fiscal year 2022: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $35,720,000,000. (A) New budget authority, $22,438,000,000. (A) New budget authority, $19,228,000,000. (B) Outlays, $35,038,000,000. (B) Outlays, $21,751,000,000. (B) Outlays, $21,277,000,000. Fiscal year 2023: Fiscal year 2021: Fiscal year 2019: (A) New budget authority, $36,516,000,000. (A) New budget authority, $22,834,000,000. (A) New budget authority, $19,457,000,000. (B) Outlays, $35,812,000,000. (B) Outlays, $22,179,000,000. (B) Outlays, $20,862,000,000. Fiscal year 2024: Fiscal year 2022: Fiscal year 2020: (A) New budget authority, $37,318,000,000. (A) New budget authority, $22,600,000,000. (A) New budget authority, $19,941,000,000. (B) Outlays, $36,580,000,000. (B) Outlays, $21,984,000,000. (B) Outlays, $20,011,000,000. Fiscal year 2025: Fiscal year 2023: Fiscal year 2021: (A) New budget authority, $38,151,000,000. (A) New budget authority, $23,037,000,000. (A) New budget authority, $20,384,000,000. (B) Outlays, $37,393,000,000. (B) Outlays, $22,437,000,000. (B) Outlays, $21,048,000,000. Fiscal year 2026: Fiscal year 2024: Fiscal year 2022: (A) New budget authority, $39,021,000,000. (A) New budget authority, $23,018,000,000. (A) New budget authority, $20,825,000,000. (B) Outlays, $38,238,000,000. (B) Outlays, $22,409,000,000. (B) Outlays, $19,831,000,000. (4) Energy (270): Fiscal year 2025: Fiscal year 2023: Fiscal year 2017: (A) New budget authority, $23,343,000,000. (A) New budget authority, $21,288,000,000. (A) New budget authority, $4,773,000,000. (B) Outlays, $22,714,000,000. (B) Outlays, $19,535,000,000. (B) Outlays, $3,455,000,000. Fiscal year 2026: Fiscal year 2024: Fiscal year 2018: (A) New budget authority, $23,812,000,000. (A) New budget authority, $21,756,000,000. (A) New budget authority, $4,509,000,000. (B) Outlays, $23,192,000,000. (B) Outlays, $19,787,000,000. (B) Outlays, $3,495,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2025: Fiscal year 2019: Fiscal year 2017: (A) New budget authority, $22,245,000,000. (A) New budget authority, $4,567,000,000. (A) New budget authority, $14,696,000,000. (B) Outlays, $19,285,000,000. (B) Outlays, $4,058,000,000. (B) Outlays, $666,000,000. Fiscal year 2026: Fiscal year 2020: Fiscal year 2018: (A) New budget authority, $22,751,000,000. (A) New budget authority, $4,975,000,000. (A) New budget authority, $16,846,000,000. (B) Outlays, $20,037,000,000. (B) Outlays, $4,456,000,000. (B) Outlays, $1,378,000,000. (10) Education, Training, Employment, and Fiscal year 2021: Fiscal year 2019: Social Services (500): (A) New budget authority, $5,109,000,000. (A) New budget authority, $18,171,000,000. Fiscal year 2017: (B) Outlays, $4,523,000,000. (B) Outlays, $5,439,000,000. (A) New budget authority, $104,433,000,000. Fiscal year 2022: Fiscal year 2020: (B) Outlays, $104,210,000,000. (A) New budget authority, $5,019,000,000. (A) New budget authority, $15,799,000,000. Fiscal year 2018: (B) Outlays, $4,332,000,000. (B) Outlays, $2,666,000,000. (A) New budget authority, $108,980,000,000. Fiscal year 2023: Fiscal year 2021: (B) Outlays, $112,802,000,000. (A) New budget authority, $4,083,000,000. (A) New budget authority, $14,821,000,000. Fiscal year 2019: (B) Outlays, $3,337,000,000. (B) Outlays, $915,000,000. (A) New budget authority, $112,424,000,000. Fiscal year 2024: Fiscal year 2022: (B) Outlays, $110,765,000,000. (A) New budget authority, $3,590,000,000. (A) New budget authority, $15,408,000,000. Fiscal year 2020: (B) Outlays, $2,796,000,000. (B) Outlays, $674,000,000. (A) New budget authority, $114,905,000,000. Fiscal year 2025: Fiscal year 2023: (B) Outlays, $113,377,000,000. (A) New budget authority, $3,608,000,000. (A) New budget authority, $15,739,000,000. Fiscal year 2021: (B) Outlays, $2,755,000,000. (B) Outlays, ¥$840,000,000. (A) New budget authority, $116,921,000,000. Fiscal year 2026: Fiscal year 2024: (B) Outlays, $115,591,000,000. (A) New budget authority, $5,955,000,000. (A) New budget authority, $16,143,000,000. Fiscal year 2022: (B) Outlays, $5,124,000,000. (B) Outlays, ¥$1,688,000,000. (A) New budget authority, $119,027,000,000. (5) Natural Resources and Environment Fiscal year 2025: (B) Outlays, $117,545,000,000. (300): (A) New budget authority, $17,889,000,000. Fiscal year 2023: Fiscal year 2017: (B) Outlays, ¥$2,003,000,000. (A) New budget authority, $121,298,000,000. (A) New budget authority, $41,264,000,000. Fiscal year 2026: (B) Outlays, $119,761,000,000. (B) Outlays, $42,254,000,000. (A) New budget authority, $17,772,000,000. Fiscal year 2024: Fiscal year 2018: (B) Outlays, ¥$2,238,000,000. (A) New budget authority, $123,621,000,000. (A) New budget authority, $43,738,000,000. (8) Transportation (400): (B) Outlays, $122,001,000,000. (B) Outlays, $44,916,000,000. Fiscal year 2017: Fiscal year 2025: Fiscal year 2019: (A) New budget authority, $92,782,000,000. (A) New budget authority, $126,016,000,000. (A) New budget authority, $44,486,000,000. (B) Outlays, $91,684,000,000. (B) Outlays, $124,359,000,000. (B) Outlays, $45,425,000,000. Fiscal year 2018: Fiscal year 2026: Fiscal year 2020: (A) New budget authority, $94,400,000,000. (A) New budget authority, $128,391,000,000. (A) New budget authority, $46,201,000,000. (B) Outlays, $93,214,000,000. (B) Outlays, $126,748,000,000. (B) Outlays, $46,647,000,000. Fiscal year 2019: (11) Health (550): Fiscal year 2021: (A) New budget authority, $96,522,000,000. Fiscal year 2017: (A) New budget authority, $47,126,000,000. (B) Outlays, $95,683,000,000. (A) New budget authority, $562,137,000,000. (B) Outlays, $47,457,000,000. Fiscal year 2020: (B) Outlays, $560,191,000,000. Fiscal year 2022: (A) New budget authority, $91,199,000,000. Fiscal year 2018: (A) New budget authority, $48,203,000,000. (B) Outlays, $97,992,000,000. (A) New budget authority, $583,006,000,000. (B) Outlays, $48,388,000,000. Fiscal year 2021: (B) Outlays, $593,197,000,000. Fiscal year 2023: (A) New budget authority, $92,154,000,000. Fiscal year 2019: (A) New budget authority, $49,403,000,000. (B) Outlays, $99,772,000,000. (A) New budget authority, $615,940,000,000. (B) Outlays, $49,536,000,000. Fiscal year 2022: (B) Outlays, $618,089,000,000. Fiscal year 2024: (A) New budget authority, $93,111,000,000. Fiscal year 2020: (A) New budget authority, $50,497,000,000. (B) Outlays, $101,692,000,000. (A) New budget authority, $655,892,000,000. (B) Outlays, $50,055,000,000. Fiscal year 2023: (B) Outlays, $645,814,000,000. Fiscal year 2025: (A) New budget authority, $94,118,000,000. Fiscal year 2021: (A) New budget authority, $51,761,000,000. (B) Outlays, $103,431,000,000. (A) New budget authority, $677,902,000,000. (B) Outlays, $51,164,000,000. Fiscal year 2024: (B) Outlays, $676,781,000,000.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.071 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S270 CONGRESSIONAL RECORD — SENATE January 11, 2017 Fiscal year 2022: (A) New budget authority, $46,627,000,000. (B) Outlays, $25,884,000,000. (A) New budget authority, $711,176,000,000. (B) Outlays, $46,627,000,000. Fiscal year 2019: (B) Outlays, $709,301,000,000. Fiscal year 2021: (A) New budget authority, $27,620,000,000. Fiscal year 2023: (A) New budget authority, $50,035,000,000. (B) Outlays, $26,584,000,000. (A) New budget authority, $744,335,000,000. (B) Outlays, $50,035,000,000. Fiscal year 2020: (B) Outlays, $742,568,000,000. Fiscal year 2022: (A) New budget authority, $28,312,000,000. Fiscal year 2024: (A) New budget authority, $53,677,000,000. (B) Outlays, $27,576,000,000. (A) New budget authority, $780,899,000,000. (B) Outlays, $53,677,000,000. Fiscal year 2021: (B) Outlays, $778,293,000,000. Fiscal year 2023: (A) New budget authority, $29,046,000,000. Fiscal year 2025: (A) New budget authority, $57,540,000,000. (B) Outlays, $28,366,000,000. (A) New budget authority, $818,388,000,000. (B) Outlays, $57,540,000,000. Fiscal year 2022: (B) Outlays, $815,246,000,000. Fiscal year 2024: (A) New budget authority, $29,787,000,000. Fiscal year 2026: (A) New budget authority, $61,645,000,000. (B) Outlays, $29,149,000,000. (A) New budget authority, $857,176,000,000. (B) Outlays, $61,645,000,000. Fiscal year 2023: (B) Outlays, $853,880,000,000. Fiscal year 2025: (A) New budget authority, $30,519,000,000. (12) Medicare (570): (A) New budget authority, $66,076,000,000. (B) Outlays, $29,886,000,000. Fiscal year 2017: (B) Outlays, $66,076,000,000. Fiscal year 2024: (A) New budget authority, $600,857,000,000. Fiscal year 2026: (A) New budget authority, $31,101,000,000. (B) Outlays, $600,836,000,000. (A) New budget authority, $70,376,000,000. (B) Outlays, $30,494,000,000. Fiscal year 2018: (B) Outlays, $70,376,000,000. Fiscal year 2025: (A) New budget authority, $600,832,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $31,942,000,000. (B) Outlays, $600,762,000,000. Fiscal year 2017: (B) Outlays, $31,248,000,000. Fiscal year 2019: (A) New budget authority, $177,448,000,000. Fiscal year 2026: (A) New budget authority, $667,638,000,000. (B) Outlays, $182,448,000,000. (A) New budget authority, $32,789,000,000. (B) Outlays, $667,571,000,000. Fiscal year 2018: (B) Outlays, $32,071,000,000. Fiscal year 2020: (A) New budget authority, $178,478,000,000. (18) Net Interest (900): (A) New budget authority, $716,676,000,000. (B) Outlays, $179,109,000,000. Fiscal year 2017: (B) Outlays, $716,575,000,000. Fiscal year 2019: (A) New budget authority, $393,295,000,000. Fiscal year 2021: (A) New budget authority, $193,088,000,000. (B) Outlays, $393,295,000,000. (A) New budget authority, $767,911,000,000. (B) Outlays, $192,198,000,000. Fiscal year 2018: (B) Outlays, $767,814,000,000. Fiscal year 2020: (A) New budget authority, $453,250,000,000. Fiscal year 2022: (A) New budget authority, $199,907,000,000. (B) Outlays, $453,250,000,000. (A) New budget authority, $862,042,000,000. (B) Outlays, $198,833,000,000. Fiscal year 2019: (B) Outlays, $861,941,000,000. Fiscal year 2021: (A) New budget authority, $526,618,000,000. Fiscal year 2023: (A) New budget authority, $206,700,000,000. (B) Outlays, $526,618,000,000. (A) New budget authority, $886,515,000,000. (B) Outlays, $205,667,000,000. Fiscal year 2020: (B) Outlays, $886,407,000,000. Fiscal year 2022: (A) New budget authority, $590,571,000,000. Fiscal year 2024: (A) New budget authority, $223,542,000,000. (B) Outlays, $590,571,000,000. (A) New budget authority, $903,861,000,000. (B) Outlays, $222,308,000,000. Fiscal year 2021: (B) Outlays, $903,750,000,000. Fiscal year 2023: (A) New budget authority, $645,719,000,000. Fiscal year 2025: (A) New budget authority, $221,861,000,000. (B) Outlays, $645,719,000,000. (A) New budget authority, $1,007,624,000,000. (B) Outlays, $220,563,000,000. Fiscal year 2022: (B) Outlays, $1,007,510,000,000. Fiscal year 2024: (A) New budget authority, $698,101,000,000. Fiscal year 2026: (A) New budget authority, $219,382,000,000. (B) Outlays, $698,101,000,000. (A) New budget authority, $1,085,293,000,000. (B) Outlays, $218,147,000,000. Fiscal year 2023: (B) Outlays, $1,085,173,000,000. Fiscal year 2025: (A) New budget authority, $755,288,000,000. (13) Income Security (600): (A) New budget authority, $237,641,000,000. (B) Outlays, $755,288,000,000. Fiscal year 2017: (B) Outlays, $236,254,000,000. Fiscal year 2024: (A) New budget authority, $518,181,000,000. Fiscal year 2026: (A) New budget authority, $806,202,000,000. (B) Outlays, $511,658,000,000. (A) New budget authority, $245,565,000,000. (B) Outlays, $806,202,000,000. Fiscal year 2018: (B) Outlays, $244,228,000,000. Fiscal year 2025: (A) New budget authority, $524,233,000,000. (16) Administration of Justice (750): (A) New budget authority, $854,104,000,000. (B) Outlays, $511,612,000,000. Fiscal year 2017: (B) Outlays, $854,104,000,000. Fiscal year 2019: (A) New budget authority, $64,519,000,000. Fiscal year 2026: (A) New budget authority, $542,725,000,000. (B) Outlays, $58,662,000,000. (A) New budget authority, $903,443,000,000. (B) Outlays, $534,067,000,000. Fiscal year 2018: (B) Outlays, $903,443,000,000. Fiscal year 2020: (A) New budget authority, $62,423,000,000. (19) Allowances (920): (A) New budget authority, $558,241,000,000. (B) Outlays, $63,800,000,000. Fiscal year 2017: (B) Outlays, $549,382,000,000. Fiscal year 2019: (A) New budget authority, ¥$3,849,000,000. Fiscal year 2021: (A) New budget authority, $62,600,000,000. (B) Outlays, $7,627,000,000. (A) New budget authority, $571,963,000,000. (B) Outlays, $66,596,000,000. Fiscal year 2018: (B) Outlays, $563,481,000,000. Fiscal year 2020: (A) New budget authority, ¥$56,166,000,000. Fiscal year 2022: (A) New budget authority, $64,168,000,000. (B) Outlays, ¥$39,329,000,000. (A) New budget authority, $590,120,000,000. (B) Outlays, $69,555,000,000. Fiscal year 2019: (B) Outlays, $587,572,000,000. Fiscal year 2021: (A) New budget authority, ¥$55,423,000,000. Fiscal year 2023: (A) New budget authority, $65,134,000,000. (B) Outlays, ¥$47,614,000,000. (A) New budget authority, $599,505,000,000. (B) Outlays, $68,538,000,000. Fiscal year 2020: (B) Outlays, $592,338,000,000. Fiscal year 2022: (A) New budget authority, ¥$58,021,000,000. Fiscal year 2024: (A) New budget authority, $66,776,000,000. (B) Outlays, ¥$52,831,000,000. (A) New budget authority, $609,225,000,000. (B) Outlays, $67,691,000,000. Fiscal year 2021: (B) Outlays, $597,287,000,000. Fiscal year 2023: (A) New budget authority, ¥$61,491,000,000. Fiscal year 2025: (A) New budget authority, $68,489,000,000. (B) Outlays, ¥$57,092,000,000. (A) New budget authority, $630,433,000,000. (B) Outlays, $68,466,000,000. Fiscal year 2022: (B) Outlays, $619,437,000,000. Fiscal year 2024: (A) New budget authority, ¥$63,493,000,000. Fiscal year 2026: (A) New budget authority, $70,227,000,000. (B) Outlays, ¥$60,260,000,000. (A) New budget authority, $646,660,000,000. (B) Outlays, $69,976,000,000. Fiscal year 2023: (B) Outlays, $641,957,000,000. Fiscal year 2025: (A) New budget authority, ¥$65,783,000,000. (14) Social Security (650): (A) New budget authority, $72,023,000,000. (B) Outlays, ¥$62,457,000,000. Fiscal year 2017: (B) Outlays, $71,615,000,000. Fiscal year 2024: (A) New budget authority, $37,199,000,000. Fiscal year 2026: (A) New budget authority, ¥$67,817,000,000. (B) Outlays, $37,227,000,000. (A) New budget authority, $79,932,000,000. (B) Outlays, ¥$64,708,000,000. Fiscal year 2018: (B) Outlays, $80,205,000,000. Fiscal year 2025: (A) New budget authority, $40,124,000,000. (17) General Government (800): (A) New budget authority, ¥$70,127,000,000. (B) Outlays, $40,141,000,000. Fiscal year 2017: (B) Outlays, ¥$66,892,000,000. Fiscal year 2019: (A) New budget authority, $25,545,000,000. Fiscal year 2026: (A) New budget authority, $43,373,000,000. (B) Outlays, $24,318,000,000. (A) New budget authority, ¥$69,097,000,000. (B) Outlays, $43,373,000,000. Fiscal year 2018: (B) Outlays, ¥$68,467,000,000. Fiscal year 2020: (A) New budget authority, $27,095,000,000. (20) Undistributed Offsetting Receipts (950):

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.071 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S271 Fiscal year 2017: Fiscal year 2021: $1,000,000,000 for the period of fiscal years (A) New budget authority, ¥$87,685,000,000. (A) New budget authority, $6,589,000,000. 2017 through 2026. (B) Outlays, ¥$87,685,000,000. (B) Outlays, $6,552,000,000. (b) COMMITTEE ON WAYS AND MEANS.—The Fiscal year 2018: Fiscal year 2022: Committee on Ways and Means of the House (A) New budget authority, ¥$88,347,000,000. (A) New budget authority, $6,787,000,000. of Representatives shall submit changes in (B) Outlays, ¥$88,347,000,000. (B) Outlays, $6,750,000,000. laws within its jurisdiction to reduce the def- Fiscal year 2019: Fiscal year 2023: icit by not less than $1,000,000,000 for the pe- (A) New budget authority, ¥$80,125,000,000. (A) New budget authority, $6,992,000,000. riod of fiscal years 2017 through 2026. (B) Outlays, ¥$80,125,000,000. (B) Outlays, $6,953,000,000. (c) SUBMISSIONS.—In the House of Rep- Fiscal year 2020: Fiscal year 2024: resentatives, not later than January 27, 2017, (A) New budget authority, ¥$81,468,000,000. (A) New budget authority, $7,206,000,000. the committees named in subsections (a) and (B) Outlays, ¥$81,468,000,000. (B) Outlays, $7,166,000,000. (b) shall submit their recommendations to the Committee on the Budget of the House of Fiscal year 2021: Fiscal year 2025: Representatives to carry out this section. (A) New budget authority, ¥$84,183,000,000. (A) New budget authority, $7,428,000,000. (B) Outlays, ¥$84,183,000,000. (B) Outlays, $7,387,000,000. TITLE III—RESERVE FUNDS Fiscal year 2022: Fiscal year 2026: SEC. 3001. DEFICIT-NEUTRAL RESERVE FUND (A) New budget authority, ¥$86,292,000,000. (A) New budget authority, $7,659,000,000. FOR HEALTH CARE LEGISLATION. (B) Outlays, ¥$86,292,000,000. (B) Outlays, $7,615,000,000. The Chairman of the Committee on the Budget of the Senate and the Chairman of Fiscal year 2023: SEC. 1202. POSTAL SERVICE DISCRETIONARY AD- (A) New budget authority, ¥$87,518,000,000. MINISTRATIVE EXPENSES IN THE the Committee on the Budget of the House of (B) Outlays, ¥$87,518,000,000. SENATE. Representatives may revise the allocations Fiscal year 2024: In the Senate, the amounts of new budget of a committee or committees, aggregates, (A) New budget authority, ¥$91,245,000,000. authority and budget outlays of the Postal and other appropriate levels in this resolu- tion, and, in the Senate, make adjustments (B) Outlays, ¥$91,245,000,000. Service for discretionary administrative ex- to the pay-as-you-go ledger, for— Fiscal year 2025: penses are as follows: (1) in the Senate, one or more bills, joint (A) New budget authority, ¥$99,164,000,000. Fiscal year 2017: resolutions, amendments, amendments be- (B) Outlays, ¥$99,164,000,000. (A) New budget authority, $274,000,000. tween the Houses, conference reports, or mo- Fiscal year 2026: (B) Outlays, $273,000,000. tions related to health care by the amounts (A) New budget authority, ¥$97,786,000,000. Fiscal year 2018: provided in such legislation for that purpose, (B) Outlays, ¥$97,786,000,000. (A) New budget authority, $283,000,000. (B) Outlays, $283,000,000. provided that such legislation would not in- Subtitle B—Levels and Amounts in the crease the deficit over the period of the total Senate Fiscal year 2019: (A) New budget authority, $294,000,000. of fiscal years 2017 through 2026; and SEC. 1201. SOCIAL SECURITY IN THE SENATE. (B) Outlays, $294,000,000. (2) in the House of Representatives, one or (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2020: more bills, joint resolutions, amendments, or poses of Senate enforcement under sections (A) New budget authority, $304,000,000. conference reports related to health care by 302 and 311 of the Congressional Budget Act (B) Outlays, $304,000,000. the amounts provided in such legislation for of 1974 (2 U.S.C. 633 and 642), the amounts of Fiscal year 2021: that purpose, provided that such legislation revenues of the Federal Old-Age and Sur- (A) New budget authority, $315,000,000. would not increase the deficit over the pe- vivors Insurance Trust Fund and the Federal (B) Outlays, $315,000,000. riod of the total of fiscal years 2017 through Disability Insurance Trust Fund are as fol- Fiscal year 2022: 2026. lows: (A) New budget authority, $326,000,000. SEC. 3002. RESERVE FUND FOR HEALTH CARE Fiscal year 2017: $826,048,000,000. (B) Outlays, $325,000,000. LEGISLATION. Fiscal year 2018: $857,618,000,000. Fiscal year 2023: (a) IN GENERAL.—The Chairman of the Committee on the Budget of the Senate and Fiscal year 2019: $886,810,000,000. (A) New budget authority, $337,000,000. the Chairman of the Committee on the Budg- Fiscal year 2020: $918,110,000,000. (B) Outlays, $337,000,000. et of the House of Representatives may re- Fiscal year 2021: $950,341,000,000. Fiscal year 2024: vise the allocations of a committee or com- Fiscal year 2022: $984,537,000,000. (A) New budget authority, $350,000,000. Fiscal year 2023: $1,020,652,000,000. mittees, aggregates, and other appropriate (B) Outlays, $349,000,000. Fiscal year 2024: $1,058,799,000,000. levels in this resolution, and, in the Senate, Fiscal year 2025: Fiscal year 2025: $1,097,690,000,000. make adjustments to the pay-as-you-go ledg- (A) New budget authority, $361,000,000. Fiscal year 2026: $1,138,243,000,000. er, for— (B) Outlays, $360,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- (1) in the Senate, one or more bills, joint Fiscal year 2026: poses of Senate enforcement under sections resolutions, amendments, amendments be- (A) New budget authority, $374,000,000. 302 and 311 of the Congressional Budget Act tween the Houses, conference reports, or mo- (B) Outlays, $373,000,000. of 1974 (2 U.S.C. 633 and 642), the amounts of tions related to health care by the amounts outlays of the Federal Old-Age and Survivors TITLE II—RECONCILIATION necessary to accommodate the budgetary ef- Insurance Trust Fund and the Federal Dis- SEC. 2001. RECONCILIATION IN THE SENATE. fects of the legislation, provided that the ability Insurance Trust Fund are as follows: (a) COMMITTEE ON FINANCE.—The Com- cost of such legislation, when combined with Fiscal year 2017: $805,366,000,000. mittee on Finance of the Senate shall report the cost of any other measure with respect Fiscal year 2018: $857,840,000,000. changes in laws within its jurisdiction to re- to which the Chairman has exercised the au- Fiscal year 2019: $916,764,000,000. duce the deficit by not less than $1,000,000,000 thority under this paragraph, does not ex- Fiscal year 2020: $980,634,000,000. for the period of fiscal years 2017 through ceed the difference obtained by subtracting— Fiscal year 2021: $1,049,127,000,000. 2026. (A) $2,000,000,000; from Fiscal year 2022: $1,123,266,000,000. (b) COMMITTEE ON HEALTH, EDUCATION, (B) the sum of deficit reduction over the Fiscal year 2023: $1,200,734,000,000. LABOR, AND PENSIONS.—The Committee on period of the total of fiscal years 2017 Fiscal year 2024: $1,281,840,000,000. Health, Education, Labor, and Pensions of through 2026 achieved under any measure or Fiscal year 2025: $1,369,403,000,000. the Senate shall report changes in laws with- measures with respect to which the Chair- Fiscal year 2026: $1,463,057,000,000. in its jurisdiction to reduce the deficit by man has exercised the authority under sec- (c) SOCIAL SECURITY ADMINISTRATIVE EX- not less than $1,000,000,000 for the period of tion 3001(1); and PENSES.—In the Senate, the amounts of new fiscal years 2017 through 2026. (2) in the House of Representatives, one or budget authority and budget outlays of the (c) SUBMISSIONS.—In the Senate, not later more bills, joint resolutions, amendments, or Federal Old-Age and Survivors Insurance than January 27, 2017, the Committees conference reports related to health care by Trust Fund and the Federal Disability Insur- named in subsections (a) and (b) shall submit the amounts necessary to accommodate the ance Trust Fund for administrative expenses their recommendations to the Committee on budgetary effects of the legislation, provided are as follows: the Budget of the Senate. Upon receiving all that the cost of such legislation, when com- Fiscal year 2017: such recommendations, the Committee on bined with the cost of any other measure (A) New budget authority, $5,663,000,000. the Budget of the Senate shall report to the with respect to which the Chairman has ex- (B) Outlays, $5,673,000,000. Senate a reconciliation bill carrying out all ercised the authority under this paragraph, Fiscal year 2018: such recommendations without any sub- does not exceed the difference obtained by (A) New budget authority, $6,021,000,000. stantive revision. subtracting— (B) Outlays, $5,987,000,000. SEC. 2002. RECONCILIATION IN THE HOUSE OF (A) $2,000,000,000; from Fiscal year 2019: REPRESENTATIVES. (B) the sum of deficit reduction over the (A) New budget authority, $6,205,000,000. (a) COMMITTEE ON ENERGY AND COM- period of the total of fiscal years 2017 (B) Outlays, $6,170,000,000. MERCE.—The Committee on Energy and Com- through 2026 achieved under any measure or Fiscal year 2020: merce of the House of Representatives shall measures with respect to which the Chair- (A) New budget authority, $6,393,000,000. submit changes in laws within its jurisdic- man has exercised the authority under sec- (B) Outlays, $6,357,000,000. tion to reduce the deficit by not less than tion 3001(2).

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.071 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S272 CONGRESSIONAL RECORD — SENATE January 11, 2017 (b) EXCEPTIONS FROM CERTAIN PROVI- forcing section 302(f) of the Congressional first step toward reducing the Federal SIONS.—Section 404(a) of S. Con. Res. 13 Budget Act of 1974 (2 U.S.C. 633(f)), estimates Government’s role that has prevented (111th Congress), the concurrent resolution of the level of total new budget authority Americans from pursuing affordable on the budget for fiscal year 2010, and section and total outlays provided by a measure and accessible health care that meets 3101 of S. Con. Res. 11 (114th Congress), the shall include any discretionary amounts de- concurrent resolution on the budget for fis- scribed in subsection (a). their needs without emptying their wallets. After we complete our repeal cal year 2016, shall not apply to legislation SEC. 4003. APPLICATION AND EFFECT OF for which the Chairman of the Committee on CHANGES IN ALLOCATIONS AND AG- work, the Senate can then vigorously the Budget of the applicable House has exer- GREGATES. pursue putting the Nation on a more cised the authority under subsection (a). (a) APPLICATION.—Any adjustments of allo- responsible and sustainable fiscal path TITLE IV—OTHER MATTERS cations and aggregates made pursuant to and address government’s out-of-con- SEC. 4001. ENFORCEMENT FILING. this concurrent resolution shall— trol spending and a mammoth national (a) IN THE SENATE.—If this concurrent reso- (1) apply while that measure is under con- debt when we begin our work on the lution on the budget is agreed to by the Sen- sideration; fiscal year 2018 budget. (2) take effect upon the enactment of that ate and House of Representatives without I thank my colleagues for their con- the appointment of a committee of con- measure; and ference on the disagreeing votes of the two (3) be published in the Congressional sideration and cooperation for bringing Houses, the Chairman of the Committee on Record as soon as practicable. us to this point, and I thank Majority the Budget of the Senate may submit a (b) EFFECT OF CHANGED ALLOCATIONS AND Leader MITCH MCCONNELL for his lead- statement for publication in the Congres- AGGREGATES.—Revised allocations and ag- ership in pushing the Senate to take sional Record containing— gregates resulting from these adjustments the first steps to repair the Nation’s (1) for the Committee on Appropriations, shall be considered for the purposes of the broken health care system and to re- committee allocations for fiscal year 2017 Congressional Budget Act of 1974 (2 U.S.C. 621 move Washington from the equation in consistent with the levels in title I for the et seq.) as the allocations and aggregates order to put control of health care contained in this concurrent resolution. purpose of enforcing section 302 of the Con- back where it belongs: with the pa- gressional Budget Act of 1974 (2 U.S.C. 633); (c) BUDGET COMMITTEE DETERMINATIONS.— and For purposes of this concurrent resolution, tients and their families and their doc- (2) for all committees other than the Com- the levels of new budget authority, outlays, tors. mittee on Appropriations, committee alloca- direct spending, new entitlement authority, This commitment to an open, honest, tions for fiscal years 2017, 2017 through 2021, revenues, deficits, and surpluses for a fiscal and transparent legislative process is and 2017 through 2026 consistent with the lev- year or period of fiscal years shall be deter- crucial to helping Congress restore the els in title I for the purpose of enforcing sec- mined on the basis of estimates made by the trust of the American people. tion 302 of the Congressional Budget Act of Chairman of the Committee on the Budget of Thanks, as well, are due to many 1974 (2 U.S.C. 633). the applicable House of Congress. Members on this side who came and (b) IN THE HOUSE OF REPRESENTATIVES.—In (d) AGGREGATES, ALLOCATIONS AND APPLI- spoke on the resolution’s behalf, who the House of Representatives, if a concurrent CATION.—In the House of Representatives, for resolution on the budget for fiscal year 2017 purposes of this concurrent resolution and worked with us and each other to move is adopted without the appointment of a budget enforcement, the consideration of through the resolution, the debate, the committee of conference on the disagreeing any bill or joint resolution, or amendment amendments, the votes, the whole votes of the two Houses with respect to this thereto or conference report thereon, for process. concurrent resolution on the budget, for the which the Chairman of the Committee on the I have enjoyed my partnership with purpose of enforcing the Congressional Budg- Budget of the House of Representatives Senator SANDERS as we took on new et Act and applicable rules and requirements makes adjustments or revisions in the allo- roles as the top Republican and Demo- set forth in the concurrent resolution on the cations, aggregates, and other budgetary lev- crat on the Senate Budget Committee budget, the allocations provided for in this els of this concurrent resolution shall not be last Congress. We have known each subsection shall apply in the House of Rep- subject to the points of order set forth in other a long time, and we have served resentatives in the same manner as if such clause 10 of rule XXI of the Rules of the allocations were in a joint explanatory state- House of Representatives or section 3101 of S. on some of the same Senate commit- ment accompanying a conference report on Con. Res. 11 (114th Congress). tees. I believe he and my colleagues the budget for fiscal year 2017. The Chairman SEC. 4004. EXERCISE OF RULEMAKING POWERS. across the aisle share the same goal of of the Committee on the Budget of the House Congress adopts the provisions of this establishing a robust and affordable of Representatives shall submit a statement title— health care system for hard-working for publication in the Congressional Record (1) as an exercise of the rulemaking power families. I truly hope that they will containing— of the Senate and the House of Representa- work with us to find common ground (1) for the Committee on Appropriations, tives, respectively, and as such they shall be committee allocations for fiscal year 2017 that delivers more choices and lower considered as part of the rules of each House consistent with title I for the purpose of en- costs in the weeks and months ahead. or of that House to which they specifically forcing section 302 of the Congressional Also, I would like to focus for a mo- apply, and such rules shall supersede other Budget Act of 1974 (2 U.S.C. 633); and ment on some of the staff who helped rules only to the extent that they are incon- (2) for all committees other than the Com- sistent with such other rules; and lead us here. mittee on Appropriations, committee alloca- (2) with full recognition of the constitu- I thank the Republican staff of the tions consistent with title I for fiscal year tional right of either the Senate or the Senate Budget Committee, including 2017 and for the period of fiscal years 2017 House of Representatives to change those my acting staff director, Dan through 2026 for the purpose of enforcing 302 rules (insofar as they relate to that House) Kowalski; the director of the budget re- of the Congressional Budget Act of 1974 (2 at any time, in the same manner, and to the view and acting deputy staff director, U.S.C. 633). same extent as is the case of any other rule Matt Giroux; the chief counsel, George SEC. 4002. BUDGETARY TREATMENT OF ADMINIS- of the Senate or House of Representatives. TRATIVE EXPENSES. Everly; senior budget analysts Peter (a) IN GENERAL.—Notwithstanding section The PRESIDING OFFICER. The Sen- Warren and Steve Robinson; budget an- 302(a)(1) of the Congressional Budget Act of ator from Wyoming. alysts Greg D’Angelo, Tom Bork, 1974 (2 U.S.C. 633(a)(1)), section 13301 of the f Becky Cole, David Ditch and Susan Budget Enforcement Act of 1990 (2 U.S.C. 632 Eckerly; and assistant counsels Clint note), and section 2009a of title 39, United MORNING BUSINESS Brown and Thomas Fuller; outreach di- States Code, the report accompanying this Mr. ENZI. Mr. President, I ask unani- rector Jim Neill; editor Elizabeth Keys; concurrent resolution on the budget, the joint explanatory statement accompanying mous consent that the Senate be in a policy assistant Kelsie Wendelberger; the conference report on any concurrent res- period of morning business, with Sen- and communications director Joe olution on the budget, or a statement filed ators permitted to speak therein for up Brenckle. under section 4001 shall include in an alloca- to 10 minutes each. As well, thanks are due to my per- tion under section 302(a) of the Congressional The PRESIDING OFFICER. Without sonal office staff, especially my chief of Budget Act of 1974 to the Committee on Ap- objection, it is so ordered. staff, Tara Shaw; my legislative direc- propriations of the applicable House of Con- f tor, Landon Stropko; my health care gress amounts for the discretionary adminis- policy staff, Elizabeth Schwartz, Alec trative expenses of the Social Security Ad- THE REPEAL RESOLUTION ministration and the United States Postal Hinojosa, and Chris Lydon; as well as Service. Mr. ENZI. Mr. President, the repeal the entire Wyoming team. (b) SPECIAL RULE.—In the Senate and the resolution we have been debating in I want to pay specific attention to House of Representatives, for purposes of en- the Senate this week will complete the thanking Tara Shaw, who is my chief

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.071 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S273 of staff. She has been filling a dual role a bunch of people who had insurance citizens over the years and become an for some time. She was my legislative can’t afford their insurance, and a iconic event in the Naugatuck Valley. director. We have filled that position bunch of people who have insurance But more than simply serving the now. But she has been acting as the as- can’t afford their insurance, as you people in his district, Joe distinguished sistant here on the floor as well and heard through the debate. himself in the Connecticut General As- done a tremendous job of manipulating We want all the people who want in- sembly as one of its most effective and and coordinating both centers of ac- surance to be covered, and to be cov- hard-working legislators. He served as tion. ered in such a way that they can actu- chair of the Appropriations Committee Now, we have also been supported by ally get the treatment. If you have a and the Insurance & Real Estate Com- the great work of our leadership, floor, $12,000 or $10,000 or $6,000 deductible, mittee and had a hand in some of the and cloakroom staff. I thank them for that may not happen. most important legislation in a genera- their continued good work and dedica- But I thank all of the people who tion to support Connecticut’s economy tion to this institution and the country have worked to get us to this point. and the welfare of its citizens. He led as a whole. In particular, I want to Our work is now cut out for us even the creation of the Biomedical Re- thank Sharon Soderstrom, Hazen Mar- more so. search Fund, which has devoted mil- shall, Jane Lee, and Scott Raab in the I know that we can have a spirit of lions of dollars towards research efforts leader’s office, and Monica Popp, John cooperation and work through this, or in the State to fight heart disease, can- Caphuis, and Emily Kirlin in the whip’s we can use the reconciliation process cer, smoking-related illnesses, Alz- office, and very especially Laura Dove and do it with 51 votes. But it is far heimer’s, stroke, and diabetes. He and Robert Duncan in the cloakroom. better if we can find common ground championed investment tax credits for These folks, as well as my budget and common solutions and get the economic development and public safe- team, worked hours over the holiday work done. ty, secured a cost-of-living adjustment break to ensure our success. Without f for beneficiaries of the ConnPACE Pro- all their work, we would not be here gram for seniors, and fought passion- ADDITIONAL STATEMENTS this evening standing on the verge of ately to expand the reach of health in- passing the Senate’s repeal resolution surance coverage. After only 6 years in that will set the stage for true legisla- TRIBUTE TO JOSEPH CRISCO, JR. the senate, Joe pioneered the founding tive relief from ObamaCare that Amer- ∑ of Family Day; an initiative close to icans have long demanded, while ensur- Mr. MURPHY. Mr. President, I would his heart as a father of 6 and grand- ing a stable transition in which those like to congratulate my good friend Jo- father of 18. And the legacy he leaves with insurance will not lose access to seph Crisco, Jr., on his outstanding 24 with his lifesaving work to improve health care coverage. years of service representing the 17th and expand coverage for breast cancer This will allow us to move step by district in the Connecticut State Sen- exams, creating a new international step on a new set of reforms, listening ate. Joe has shown an incredible com- standard for insurance coverage, is a carefully to the advice of the millions mitment to working for the people of special achievement of which Joe of Americans who are affected, a step Connecticut over his long career, and I should be particularly proud. we left out when we did it previously. thank him for all that he has done for I am also personally thankful for Or, as Senator ALEXANDER of Ten- our State and, in particular, the towns Joe’s dedication to his position in the nessee, the chairman of the Senate of Ansonia, Beacon Falls, Bethany, general assembly because I have seen it Health, Education, Labor, and Pen- Derby, Hamden, Naugatuck, and his up close. During my time representing sions Committee put it, the ObamaCare hometown of Woodbridge. the 16th district, Joe and I sat next to Joe is a graduate of Wilbur Cross bridge is collapsing, and we are sending each other in the senate chamber, and High School and the University of Con- in a rescue team. Then we will build I remain incredibly grateful for his necticut, where he credits many of his several new bridges to get better willingness to act as a mentor and early lessons to his time spent as an health care. Finally, when those friend in the early years of my govern- athlete on the football field. His out- bridges are finished, we will close the ment service. standing career as a player at both in- old bridge. Once again, congratulations to Joe, stitutions earned him a place in the After 5 days of consideration, many his wife, Pat, and his entire family for Wilbur Cross Athletic Hall of Fame, hours of debate, and numerous amend- a long and successful career in the Con- and his experience as a standout guard ments reviewed and voted on, this part necticut State Senate. It is my hope on the UConn football team in 1956 and of the process can now be concluded. that the general assembly will use 1957 helped forge a lasting commitment With that, I ask for the continued sup- Joe’s career as an example and con- to his alma mater and shaped the ethic port and discussion on this valuable tinue to work diligently and passion- of teamwork and dedication that would issue. If people have ideas for what ately for the people of our State in the follow him to the Connecticut State ought to be included, I hope they will years to come.∑ talk to us about them. I hope the Senate. American people will talk to us about First elected to the senate in 1992, f the ideas they think need to be in- Joe’s commitment to his constituents MESSAGE FROM THE PRESIDENT cluded. and his community has never wavered. There has been a lot of It is no exaggeration to say that his A message from the President of the fearmongering, a lot of supposition district would not be what it is today if United States was communicated to about what will happen at the next not for the many grants and public the Senate by Mr. Pate, one of his sec- stage. There were amendments that projects he has been responsible for retaries. bringing home, from recreational cen- were put in about the next stage. f Those, of course, wound up being non- ters and trails, to libraries, animal germane. But we have our work cut out shelters, and affordable housing. The PRESIDENTIAL MESSAGE for us. We do have to come through 17th district’s most important institu- now with a system that will solve the tions—like Griffin Hospital, Quinnipiac problems for the American people. University, the Sterling Opera House, 2016 NATIONAL DRUG CONTROL I mentioned before that when we the Troop I Barracks of the Con- STRATEGY—PM1 started the whole debate on necticut State Police, the former Beth- ObamaCare, there were 30 million peo- any Airport, and the Metro-North Wa- The PRESIDING OFFICER laid be- ple uninsured. Today, there are 28 mil- terbury branch line—have always had a fore the Senate the following message lion people uninsured. I think that the dedicated friend and advocate in Joe. from the President of the United 30 million people was probably closer And the annual senior fair in Ansonia’s States, together with an accompanying to 28 million at that time. One of the Warsaw Park, which Joe ran through- report; which was referred to the Com- differences is some people who could out his service in the senate, has pro- mittee on the Judiciary: not get insurance have insurance, and vided assistance to thousands of senior To the Congress of the United States:

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G11JA6.077 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S274 CONGRESSIONAL RECORD — SENATE January 11, 2017 I am pleased to transmit the 2016 Na- and emerging challenges. I thank the H.R. 306. An act to amend the Energy Inde- tional Drug Control Strategy summa- Congress for its continued support of pendence and Security Act of 2007 to pro- rizing the accomplishments of my Ad- our efforts and ask that you continue mote energy efficiency via information and ministration’s 21st century approach to to support this vital endeavor. computing technologies, and for other pur- poses; to the Committee on Energy and Nat- drug policy and opportunities to con- BARACK OBAMA. ural Resources. tinue to reduce the burden of substance THE WHITE HOUSE, January 11, 2017. H.R. 321. An act to inspire women to enter use in the United States. My Adminis- f the aerospace field, including science, tech- tration released its first Strategy in 2010 MESSAGE FROM THE HOUSE nology, engineering, and mathematics, with a commitment to use the best through mentorship and outreach; to the available science and to consult broad- At 12:03 p.m., a message from the Committee on Commerce, Science, and ly to develop a balanced and com- House of Representatives, delivered by Transportation. prehensive approach to drug policy Mr. Novotny, one of its reading clerks, f that incorporates both public health announced that the House has passed EXECUTIVE AND OTHER and public safety approaches to address the following bills, in which it requests COMMUNICATIONS this complex problem. the concurrence of the Senate: We set aggressive goals to reduce H.R. 79. An act to clarify the definition of The following communications were drug use by 2015 and though the results general solicitation under Federal securities laid before the Senate, together with of our efforts are mixed, we have seen law. accompanying papers, reports, and doc- progress in reducing drug use and in H.R. 239. An act to amend the Homeland uments, and were referred as indicated: Security Act of 2002 to provide for innovative cooperation both nationally and inter- EC–398. A communication from the Admin- research and development, and for other pur- istrator of the Environmental Protection nationally. As a Nation we exceeded poses. Agency, transmitting, pursuant to law, a re- our goals for reducing alcohol and to- H.R. 240. An act to encourage engagement port entitled ‘‘Report to Congress on the bacco use among youth and for reduc- between the Department of Homeland Secu- Global Supply and Trade of Elemental Mer- ing the number of new HIV infections rity and technology innovators, and for cury’’; to the Committee on Environment attributable to drug use. We have been other purposes. H.R. 255. An act to authorize the National and Public Works. less successful in reducing illicit drugs EC–399. A communication from the Direc- in youth and young adults as well as Science Foundation to support entrepre- neurial programs for women. tor of the Regulatory Management Division, reducing the number of drug-induced H.R. 274. An act to provide for reimburse- Environmental Protection Agency, transmit- deaths and driving while drugged. We ment for the use of modern travel services by ting, pursuant to law, the report of a rule en- also face serious challenges including Federal employees traveling on official Gov- titled ‘‘Civil Monetary Penalty Inflation Ad- an epidemic of opioid use and overdose ernment business, and for other purposes. justment Rule’’ (FRL No. 9958–06–OECA) re- deaths as well as growing threats from H.R. 288. An act to ensure that small busi- ceived in the Office of the President of the Senate on January 9, 2017; to the Committee drug trafficking organizations involved ness providers of broadband Internet access service can devote resources to broadband on Environment and Public Works. in manufacturing and distributing co- EC–400. A communication from the Direc- caine and synthetic drugs, including deployment rather than compliance with cumbersome regulatory requirements. tor of the Regulatory Management Division, novel psychoactive substances. These H.R. 306. An act to amend the Energy Inde- Environmental Protection Agency, transmit- threats may continue to have an im- pendence and Security Act of 2007 to pro- ting, pursuant to law, the report of a rule en- pact on drug use across lifespans, par- mote energy efficiency via information and titled ‘‘State of Iowa; Approval and Promul- ticularly chronic drug use and its con- computing technologies, and for other pur- gation of the Title V Operating Permits Pro- sequences that contribute to poor aca- poses. gram, the State Implementation Plan, and 112(1) Plan’’ (FRL No. 9957–84–Region 7) re- demic performance, crime, under- H.R. 321. An act to inspire women to enter the aerospace field, including science, tech- ceived in the Office of the President of the employment, lost productivity, and Senate on January 9, 2017; to the Committee health care costs, all of which threaten nology, engineering, and mathematics, through mentorship and outreach. on Environment and Public Works. families and communities. EC–401. A communication from the Direc- My Administration has consistently f tor of the Regulatory Management Division, sought a broad coalition of partners to MEASURES REFERRED Environmental Protection Agency, transmit- provide input into the development and ting, pursuant to law, the report of a rule en- The following bills were read the first titled ‘‘Accidental Release Prevention Re- enhancement of the Strategy during the and the second times by unanimous past 7 years. We have invested in quirements: Risk Management Programs consent, and referred as indicated: under the Clean Air Act’’ ((RIN2050–AG82) science to better understand the nature H.R. 79. An act to clarify the definition of (FRL No. 9954–46–OLEM)) received in the Of- of addiction and inform the prevention general solicitation under Federal securities fice of the President of the Senate on Janu- and treatment of addiction and support law; to the Committee on Banking, Housing, ary 9, 2017; to the Committee on Environ- services to help maintain recovery in and Urban Affairs. ment and Public Works. the community. We have sought to use H.R. 239. An act to amend the Homeland EC–402. A communication from the Direc- medical terms and non-stigmatizing Security Act of 2002 to provide for innovative tor of the Regulatory Management Division, language when discussing substance research and development, and for other pur- Environmental Protection Agency, transmit- use disorders, and those who suffer poses; to the Committee on Homeland Secu- ting, pursuant to law, the report of a rule en- titled ‘‘Illinois: Final Authorization of State from this disease. Our support for law rity and Governmental Affairs. H.R. 240. An act to encourage engagement Hazardous Waste Management Program Re- enforcement has led to significant out- between the Department of Homeland Secu- vision’’ (FRL No. 9958–05–Region 5) received comes in taking down drug trafficking rity and technology innovators, and for in the Office of the President of the Senate organizations and removing millions of other purposes; to the Committee on Home- on January 9, 2017; to the Committee on En- pounds of drugs from the market. And land Security and Governmental Affairs. vironment and Public Works. our work with our international part- H.R. 255. An act to authorize the National EC–403. A communication from the Direc- ners has been instrumental in our al- Science Foundation to support entrepre- tor of the Regulatory Management Division, lies’ increasing regulation of chemical neurial programs for women; to the Com- Environmental Protection Agency, transmit- mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- precursors to synthetic drugs and re- tation. titled ‘‘Approval of California Air Plan Revi- ducing their movement across the H.R. 274. An act to provide for reimburse- sions, Ventura County Air Pollution Control globe. Throughout my Administration, ment for the use of modern travel services by District; Prevention of Significant Deterio- we have used the best available evi- Federal employees traveling on official Gov- ration’’ (FRL No. 9956–52–Region 9) received dence to balance the Nations’s public ernment business, and for other purposes; to in the Office of the President of the Senate health and public safety and drive col- the Committee on Homeland Security and on January 9, 2017; to the Committee on En- laborative efforts to create healthier, Governmental Affairs. vironment and Public Works. safer, and more prosperous commu- H.R. 288. An act to ensure that small busi- EC–404. A communication from the Direc- ness providers of broadband Internet access tor of the Regulatory Management Division, nities. service can devote resources to broadband Environmental Protection Agency, transmit- The Nation’s work in reducing drug deployment rather than compliance with ting, pursuant to law, the report of a rule en- use and its consequences is not done cumbersome regulatory requirements; to the titled ‘‘Air Plan Approval; Nevada, Lake and there are many opportunities for Committee on Commerce, Science, and Tahoe; Second 10-Year Carbon Monoxide advancing efforts to address ongoing Transportation. Limited Maintenance Plan’’ (FRL No. 9958–

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.034 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S275 11–Region 9) received in the Office of the or Excusable Nonuse in Trademark Cases’’ EC–422. A communication from the Man- President of the Senate on January 9, 2017; (RIN0651–AD07) received in the Office of the agement and Program Analyst, Federal to the Committee on Environment and Pub- President of the Senate on January 9, 2017; Aviation Administration, Department of lic Works. to the Committee on the Judiciary. Transportation, transmitting, pursuant to EC–405. A communication from the Direc- EC–414. A communication from the Acting law, the report of a rule entitled ‘‘Airworthi- tor of the Regulatory Management Division, Director of Regulation Policy and Manage- ness Directives; Rolls-Royce plc Turbofan Environmental Protection Agency, transmit- ment, Department of Veterans Affairs, trans- Engines’’ ((RIN2120–AA64) (Docket No. FAA– ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule 2016–7099)) received during adjournment of titled ‘‘Air Plan Approval; Minnesota; Sulfur entitled ‘‘Extension of Pharmacy Copay- the Senate in the Office of the President of Dioxide; Particulate Matter’’ (FRL No. 9958– ments for Medications’’ (RIN2900–AP87) re- the Senate on December 28, 2016; to the Com- 15–Region 5) received in the Office of the ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- President of the Senate on January 9, 2017; Senate on January 4, 2017; to the Committee tation. to the Committee on Environment and Pub- on Veterans’ Affairs. EC–423. A communication from the Man- lic Works. EC–415. A communication from the Acting agement and Program Analyst, Federal EC–406. A communication from the Direc- Director of Regulation Policy and Manage- Aviation Administration, Department of tor of the Regulatory Management Division, ment, Department of Veterans Affairs, trans- Transportation, transmitting, pursuant to Environmental Protection Agency, transmit- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Airworthi- ting, pursuant to law, the report of a rule en- entitled ‘‘Advanced Practice Registered ness Directives; Rolls-Royce plc Turbofan titled ‘‘Air Plan Approval; Georgia; Atlanta; Nurses’’ (RIN2900–AP44) received in the Of- Engines’’ ((RIN2120–AA64) (Docket No. FAA– Requirements for the 2008 8-Hour Ozone fice of the President of the Senate on Janu- 2016–7099)) received during adjournment of Standard’’ (FRL No. 9957–89–Region 4) re- ary 4, 2017; to the Committee on Veterans’ the Senate in the Office of the President of ceived in the Office of the President of the Affairs. the Senate on December 28, 2016; to the Com- Senate on January 9, 2017; to the Committee EC–416. A communication from the Man- mittee on Commerce, Science, and Transpor- on Environment and Public Works. agement and Program Analyst, Federal tation. EC–407. A communication from the Assist- Aviation Administration, Department of EC–424. A communication from the Man- ant Secretary, Legislative Affairs, Depart- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ment of State, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of law, a report prepared by the Department of ness Directives; Bombardier, Inc. Airplanes’’ Transportation, transmitting, pursuant to State on progress toward a negotiated solu- ((RIN2120–AA64) (Docket No. FAA–2016–7267)) law, the report of a rule entitled ‘‘Airworthi- tion of the Cyprus question covering the pe- received during adjournment of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– riod August 1, 2016 through September 30, in the Office of the President of the Senate AA64) (Docket No. FAA–2016–9509)) received 2016; to the Committee on Foreign Relations. on December 28, 2016; to the Committee on during adjournment of the Senate in the Of- EC–408. A communication from the Assist- Commerce, Science, and Transportation. fice of the President of the Senate on Decem- ant Secretary, Legislative Affairs, Depart- EC–417. A communication from the Man- ber 28, 2016; to the Committee on Commerce, ment of State, transmitting, pursuant to agement and Program Analyst, Federal Science, and Transportation. law, a report relative to section 36(c) of the Aviation Administration, Department of EC–425. A communication from the Man- Transportation, transmitting, pursuant to Arms Export Control Act (DDTC 16–111); to agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- the Committee on Foreign Relations. Aviation Administration, Department of EC–409. A communication from the Assist- ness Directives; Bombardier, Inc. Airplanes’’ Transportation, transmitting, pursuant to ant Secretary for Legislation, Department of ((RIN2120–AA64) (Docket No. FAA–2016–8178)) law, the report of a rule entitled ‘‘Airworthi- Health and Human Services, transmitting, received during adjournment of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– pursuant to law, a report entitled ‘‘Report to in the Office of the President of the Senate AA64) (Docket No. FAA–2016–9515)) received Congress on Enhancing Tracking and Trac- on December 28, 2016; to the Committee on during adjournment of the Senate in the Of- Commerce, Science, and Transportation. ing of Food and Recordkeeping’’; to the Com- fice of the President of the Senate on Decem- EC–418. A communication from the Man- mittee on Health, Education, Labor, and ber 28, 2016; to the Committee on Commerce, agement and Program Analyst, Federal Science, and Transportation. Pensions. Aviation Administration, Department of EC–410. A communication from the Direc- EC–426. A communication from the Man- Transportation, transmitting, pursuant to agement and Program Analyst, Federal tor of Regulation, Legislation, and Interpre- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of tation, Wage and Hour Division, Department ness Directives; Bombardier, Inc. Airplanes’’ Transportation, transmitting, pursuant to of Labor, transmitting, pursuant to law, the ((RIN2120–AA64) (Docket No. FAA–2016–9503)) law, the report of a rule entitled ‘‘Airworthi- report of a rule entitled ‘‘Updating Regula- received during adjournment of the Senate ness Directives; The Boeing Company Air- tions Issued Under the Fair Labor Standards in the Office of the President of the Senate planes’’ ((RIN2120–AA64) (Docket No. FAA– Act, Service Contract Act, Davis-Bacon and on December 28, 2016; to the Committee on 2016–9436)) received during adjournment of Related Acts, Contract Work Hours and Commerce, Science, and Transportation. the Senate in the Office of the President of Safety Standards Act, the Family and Med- EC–419. A communication from the Man- the Senate on December 28, 2016; to the Com- ical Leave Act, Employee Polygraph Protec- agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- tion Act, and the Migrant and Seasonal Agri- Aviation Administration, Department of tation. cultural Worker Protection Act’’ (RIN1235– Transportation, transmitting, pursuant to EC–427. A communication from the Man- AA17) received in the Office of the President law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal of the Senate on January 9, 2017; to the Com- ness Directives; Bombardier, Inc. Airplanes’’ Aviation Administration, Department of mittee on Health, Education, Labor, and ((RIN2120–AA64) (Docket No. FAA–2016–7418)) Transportation, transmitting, pursuant to Pensions. received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- EC–411. A communication from the Direc- in the Office of the President of the Senate ness Directives; The Boeing Company Air- tor, Occupational Safety and Health Admin- on December 28, 2016; to the Committee on planes’’ ((RIN2120–AA64) (Docket No. FAA– istration, Department of Labor, transmit- Commerce, Science, and Transportation. 2013–0215)) received during adjournment of ting, pursuant to law, the report of a rule en- EC–420. A communication from the Man- the Senate in the Office of the President of titled ‘‘Occupational Exposure to Beryllium’’ agement and Program Analyst, Federal the Senate on December 28, 2016; to the Com- (RIN1218–AC76) received in the Office of the Aviation Administration, Department of mittee on Commerce, Science, and Transpor- President of the Senate on January 9, 2017; Transportation, transmitting, pursuant to tation. to the Committee on Health, Education, law, the report of a rule entitled ‘‘Airworthi- EC–428. A communication from the Man- Labor, and Pensions. ness Directives; Bombardier, Inc. Airplanes’’ agement and Program Analyst, Federal EC–412. A communication from the Assist- ((RIN2120–AA64) (Docket No. FAA–2016–4224)) Aviation Administration, Department of ant General Counsel for Regulatory Services, received during adjournment of the Senate Transportation, transmitting, pursuant to Office of General Counsel, Department of in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- Education, transmitting, pursuant to law, on December 28, 2016; to the Committee on ness Directives; The Boeing Company Air- the report of a rule entitled ‘‘Assistance to Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– States for the Education of Children with EC–421. A communication from the Man- 2016–5598)) received during adjournment of Disabilities; Preschool Grants for Children agement and Program Analyst, Federal the Senate in the Office of the President of with Disabilities’’ (RIN1820–AB73) received in Aviation Administration, Department of the Senate on December 28, 2016; to the Com- the Office of the President of the Senate on Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- January 9, 2017; to the Committee on Health, law, the report of a rule entitled ‘‘Airworthi- tation. Education, Labor, and Pensions. ness Directives; Rolls-Royce plc Turbofan EC–429. A communication from the Man- EC–413. A communication from the Federal Engines’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal Liaison Officer, Patent and Trademark Of- 2016–6692)) received during adjournment of Aviation Administration, Department of fice, Department of Commerce, transmit- the Senate in the Office of the President of Transportation, transmitting, pursuant to ting, pursuant to law, the report of a rule en- the Senate on December 28, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- titled ‘‘Changes in Requirements for Affida- mittee on Commerce, Science, and Transpor- ness Directives; The Boeing Company Air- vits or Declarations of Use, Continued Use, tation. planes’’ ((RIN2120–AA64) (Docket No. FAA–

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.036 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S276 CONGRESSIONAL RECORD — SENATE January 11, 2017 2013–0215)) received during adjournment of EC–437. A communication from the Man- By Mr. DAINES (for himself and Mr. the Senate in the Office of the President of agement and Program Analyst, Federal PERDUE): the Senate on December 28, 2016; to the Com- Aviation Administration, Department of S. 98. A bill to reduce a portion of the an- mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to nual pay of Members of Congress for the fail- tation. law, the report of a rule entitled ‘‘Amend- ure to adopt a concurrent resolution on the EC–430. A communication from the Man- ment of Class D Airspace for St. Petersburg, budget which does not provide for a balanced agement and Program Analyst, Federal FL’’ ((RIN2120–AA66) (Docket No. FAA–2016– budget, and for other purposes; to the Com- Aviation Administration, Department of 9375)) received during adjournment of the mittee on Homeland Security and Govern- Transportation, transmitting, pursuant to Senate in the Office of the President of the mental Affairs. law, the report of a rule entitled ‘‘Airworthi- Senate on December 28, 2016; to the Com- By Mr. ALEXANDER: ness Directives; The Boeing Company Air- mittee on Commerce, Science, and Transpor- S. 99. A bill to require the Secretary of the planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. Interior to study the suitability and feasi- 2015–3142)) received during adjournment of EC–438. A communication from the Man- bility of designating the President James K. the Senate in the Office of the President of agement and Program Analyst, Federal Polk Home in Columbia, Tennessee, as a unit the Senate on December 28, 2016; to the Com- Aviation Administration, Department of of the National Park System, and for other mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to purposes; to the Committee on Energy and tation. law, the report of a rule entitled ‘‘Amend- Natural Resources. EC–431. A communication from the Man- ment of Class C Airspace; El Paso Inter- By Mr. ALEXANDER: agement and Program Analyst, Federal national Airport, TX’’ ((RIN2120–AA66) S. 100. A bill to modify the boundary of the Aviation Administration, Department of (Docket No. FAA–2016–7417)) received during Shiloh National Military Park located in the Transportation, transmitting, pursuant to adjournment of the Senate in the Office of States of Tennessee and Mississippi, to es- law, the report of a rule entitled ‘‘Airworthi- the President of the Senate on December 28, tablish the Parker’s Crossroads Battlefield ness Directives; M7 Aerospace LLC’’ 2016; to the Committee on Commerce, as an affiliated area of the National Park ((RIN2120–AA64) (Docket No . FAA–2016–9120)) Science, and Transportation. System, and for other purposes; to the Com- received during adjournment of the Senate EC–439. A communication from the Man- mittee on Energy and Natural Resources. in the Office of the President of the Senate agement and Program Analyst, Federal By Ms. MURKOWSKI (for herself and on December 28, 2016; to the Committee on Aviation Administration, Department of Mr. SULLIVAN): Commerce, Science, and Transportation. Transportation, transmitting, pursuant to S. 101. A bill to provide for the exchange of EC–432. A communication from the Man- law, the report of a rule entitled ‘‘Revisions Federal land and non-Federal land in the agement and Program Analyst, Federal to Operational Requirements for the Use of State of Alaska for the construction of a Aviation Administration, Department of Enhanced Flight Vision Systems (EFVS) and road between King Cove and Cold Bay; to the Transportation, transmitting, pursuant to to Pilot Compartment View Requirements Committee on Energy and Natural Re- law, the report of a rule entitled ‘‘Airworthi- for Vision Systems’’ ((RIN2120–AJ94) (Docket sources. ness Directives; Fokker Services B.V. Air- No. FAA–2013–0485)) received during adjourn- By Ms. CANTWELL (for herself, Mr. planes’’ ((RIN2120–AA64) (Docket No. FAA– ment of the Senate in the Office of the Presi- BOOKER, Mr. THUNE, Mr. RUBIO, and 2015–7530)) received during adjournment of dent of the Senate on December 28, 2016; to Mr. NELSON): the Senate in the Office of the President of the Committee on Commerce, Science, and S. 102. A bill to direct the Federal Commu- the Senate on December 28, 2016; to the Com- Transportation. nications Commission to commence pro- mittee on Commerce, Science, and Transpor- ceedings related to the resiliency of critical tation. f communications networks during times of EC–433. A communication from the Man- INTRODUCTION OF BILLS AND emergency, and for other purposes; to the agement and Program Analyst, Federal JOINT RESOLUTIONS Committee on Commerce, Science, and Aviation Administration, Department of Transportation. Transportation, transmitting, pursuant to The following bills and joint resolu- By Mr. LEE (for himself and Mr. law, the report of a rule entitled ‘‘Airworthi- tions were introduced, read the first RUBIO): ness Directives; Fokker Services B.V. Air- and second times by unanimous con- S. 103. A bill to nullify certain regulations planes’’ ((RIN2120–AA64) (Docket No. FAA– sent, and referred as indicated: and notices of the Department of Housing 2016–7271)) received during adjournment of and Urban Development, and for other pur- the Senate in the Office of the President of By Mr. CARDIN (for himself, Mr. poses; to the Committee on Banking, Hous- the Senate on December 28, 2016; to the Com- MCCAIN, Mr. MENENDEZ, Mr. GRAHAM, ing, and Urban Affairs. mittee on Commerce, Science, and Transpor- Mrs. SHAHEEN, Mr. RUBIO, Ms. KLO- By Mrs. GILLIBRAND (for herself, Mr. BUCHAR, Mr. SASSE, Mr. DURBIN, and tation. PORTMAN, Mr. RUBIO, Mr. Mr. PORTMAN): EC–434. A communication from the Man- BLUMENTHAL, and Ms. HARRIS): agement and Program Analyst, Federal S. 94. A bill to impose sanctions in re- S. 104. A bill to provide for the vacating of Aviation Administration, Department of sponse to cyber intrusions by the Govern- certain convictions and expungement of cer- Transportation, transmitting, pursuant to ment of the Russian Federation and other tain arrests of victims of human trafficking; law, the report of a rule entitled ‘‘Part 95 In- aggressive activities of the Russian Federa- to the Committee on the Judiciary. strument Flight Rules; Miscellaneous tion, and for other purposes; to the Com- By Mrs. FISCHER (for herself, Mr. Amendments; Amendment No. 530’’ (RIN2120– mittee on Foreign Relations. JOHNSON, and Mr. BARRASSO): AA63) received during adjournment of the By Mr. HELLER (for himself and Ms. S. 105. A bill to amend the Consumer Fi- Senate in the Office of the President of the CORTEZ MASTO): nancial Protection Act of 2010 to transition Senate on December 28, 2016; to the Com- S. 95. A bill to require the Secretary of En- the Bureau of Consumer Financial Protec- mittee on Commerce, Science, and Transpor- ergy to obtain the consent of affected State tion to a 5-member board of directors; to the tation. and local governments before making an ex- Committee on Banking, Housing, and Urban EC–435. A communication from the Man- penditure from the Nuclear Waste Fund for a Affairs. agement and Program Analyst, Federal nuclear waste repository; to the Committee By Mr. CRUZ (for himself, Mr. LEE, Mr. Aviation Administration, Department of on Environment and Public Works. RUBIO, and Mr. PAUL): Transportation, transmitting, pursuant to By Ms. KLOBUCHAR (for herself, Mr. S. 106. A bill to repeal the Patient Protec- law, the report of a rule entitled ‘‘Qualifica- THUNE, and Mr. TESTER): tion and Affordable Care Act and the Health tion, Service, and Use of Crewmembers and S. 96. A bill to amend the Communications Care and Education Reconciliation Act of Aircraft Dispatchers; Related Aircraft Act of 1934 to ensure the integrity of voice 2010 entirely; to the Committee on Finance. Amendment’’ (RIN2120–AK95) received during communications and to prevent unjust or f adjournment of the Senate in the Office of unreasonable discrimination among areas of the President of the Senate on December 28, the United States in the delivery of such ADDITIONAL COSPONSORS 2016; to the Committee on Commerce, communications; to the Committee on Com- S. 27 Science, and Transportation. merce, Science, and Transportation. EC–436. A communication from the Man- By Mr. CRAPO (for himself, Mr. WHITE- At the request of Mr. CARDIN, the agement and Program Analyst, Federal HOUSE, Mr. BOOKER, Mr. RISCH, Mr. names of the Senator from Ohio (Mr. Aviation Administration, Department of HATCH, Ms. MURKOWSKI, and Mr. DUR- BROWN), the Senator from Massachu- Transportation, transmitting, pursuant to BIN): setts (Ms. WARREN), and the Senator law, the report of a rule entitled ‘‘Amend- S. 97. A bill to enable civilian research and from Connecticut (Mr. MURPHY) were ment of VOR Federal Airways V–235 and V– development of advanced nuclear energy added as cosponsors of S. 27, a bill to 293 in the Vicinity of Cedar City, Utah’’ technologies by private and public institu- establish an independent commission ((RIN2120–AA66) (Docket No. FAA–2016–9265)) tions, to expand theoretical and practical received during adjournment of the Senate knowledge of nuclear physics, chemistry, to examine and report on the facts re- in the Office of the President of the Senate and materials science, and for other pur- garding the extent of Russian official on December 28, 2016; to the Committee on poses; to the Committee on Energy and Nat- and unofficial cyber operations and Commerce, Science, and Transportation. ural Resources. other attempts to interfere in the 2016

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.038 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S277 United States national election, and ate regarding the trafficking of illicit AMENDMENT NO. 24 for other purposes. fentanyl into the United States from At the request of Mr. FRANKEN, the S. 69 Mexico and China. name of the Senator from Ohio (Mr. At the request of Mr. ROBERTS, the S. RES. 11 BROWN) was added as a cosponsor of name of the Senator from Florida (Mr. At the request of Mr. SCOTT, the amendment No. 24 intended to be pro- RUBIO) was added as a cosponsor of S. name of the Senator from California posed to S. Con. Res. 3, a concurrent 69, a bill to codify and modify regu- (Ms. HARRIS) was added as a cosponsor resolution setting forth the congres- latory requirements of Federal agen- of S. Res. 11, a resolution encouraging sional budget for the United States cies. the development of best business prac- Government for fiscal year 2017 and tices to fully utilize the potential of setting forth the appropriate budgetary S. 82 the United States. levels for fiscal years 2018 through 2026. At the request of Mr. REED, the name AMENDMENT NO. 2 AMENDMENT NO. 25 of the Senator from Maryland (Mr. VAN At the request of Mr. COONS, the At the request of Mr. FRANKEN, the HOLLEN) was added as a cosponsor of S. name of the Senator from Wisconsin 82, a bill to amend the Internal Rev- name of the Senator from Ohio (Mr. (Ms. BALDWIN) was added as a cospon- enue Code of 1986 to expand the denial BROWN) was added as a cosponsor of sor of amendment No. 2 intended to be of deduction for certain excessive em- amendment No. 25 intended to be pro- proposed to S. Con. Res. 3, a concurrent ployee remuneration, and for other posed to S. Con. Res. 3, a concurrent resolution setting forth the congres- purposes. resolution setting forth the congres- sional budget for the United States sional budget for the United States S. 86 Government for fiscal year 2017 and Government for fiscal year 2017 and At the request of Mr. MCCAIN, the setting forth the appropriate budgetary setting forth the appropriate budgetary name of the Senator from Louisiana levels for fiscal years 2018 through 2026. levels for fiscal years 2018 through 2026. (Mr. CASSIDY) was added as a cosponsor AMENDMENT NO. 9 AMENDMENT NO. 27 of S. 86, a bill to amend the Veterans At the request of Ms. KLOBUCHAR, the At the request of Mr. COONS, the Access, Choice, and Accountability Act name of the Senator from Connecticut name of the Senator from New Hamp- of 2014 to modify the termination date (Mr. MURPHY) was added as a cosponsor shire (Mrs. SHAHEEN) was added as a co- for the Veterans Choice Program. of amendment No. 9 intended to be pro- sponsor of amendment No. 27 intended S. 87 posed to S. Con. Res. 3, a concurrent to be proposed to S. Con. Res. 3, a con- At the request of Mr. TOOMEY, the resolution setting forth the congres- current resolution setting forth the names of the Senator from North Da- sional budget for the United States congressional budget for the United kota (Mr. HOEVEN), the Senator from Government for fiscal year 2017 and States Government for fiscal year 2017 Texas (Mr. CORNYN), the Senator from setting forth the appropriate budgetary and setting forth the appropriate budg- Kansas (Mr. ROBERTS), the Senator levels for fiscal years 2018 through 2026. etary levels for fiscal years 2018 from Montana (Mr. DAINES), the Sen- AMENDMENT NO. 13 through 2026. ator from Louisiana (Mr. CASSIDY), the At the request of Mr. NELSON, the AMENDMENT NO. 28 Senator from Kentucky (Mr. PAUL), the names of the Senator from Maryland At the request of Mr. COONS, the Senator from Idaho (Mr. RISCH), the (Mr. CARDIN), the Senator from Oregon name of the Senator from New Hamp- YDEN Senator from Wyoming (Mr. BAR- (Mr. W ), the Senator from New shire (Mrs. SHAHEEN) was added as a co- RASSO), and the Senator from Idaho Hampshire (Mrs. SHAHEEN), the Sen- sponsor of amendment No. 28 intended (Mr. CRAPO) were added as cosponsors ator from Illinois (Mr. DURBIN), and the to be proposed to S. Con. Res. 3, a con- of S. 87, a bill to ensure that State and Senator from Wisconsin (Ms. BALDWIN) current resolution setting forth the local law enforcement may cooperate were added as cosponsors of amend- congressional budget for the United with Federal officials to protect our ment No. 13 proposed to S. Con. Res. 3, States Government for fiscal year 2017 communities from violent criminals a concurrent resolution setting forth and setting forth the appropriate budg- the congressional budget for the United and suspected terrorists who are ille- etary levels for fiscal years 2018 States Government for fiscal year 2017 gally present in the United States. through 2026. and setting forth the appropriate budg- S.J. RES. 1 AMENDMENT NO. 29 At the request of Mr. BOOZMAN, the etary levels for fiscal years 2018 through 2026. At the request of Mr. CARDIN, the name of the Senator from South Da- names of the Senator from Delaware AMENDMENT NO. 17 kota (Mr. ROUNDS) was added as a co- (Mr. CARPER) and the Senator from sponsor of S.J. Res. 1, a joint resolu- At the request of Mr. BLUMENTHAL, the name of the Senator from Oregon Massachusetts (Ms. WARREN) were tion approving the location of a memo- added as cosponsors of amendment No. rial to commemorate and honor the (Mr. MERKLEY) was added as a cospon- sor of amendment No. 17 intended to be 29 intended to be proposed to S. Con. members of the Armed Forces who Res. 3, a concurrent resolution setting served on active duty in support of Op- proposed to S. Con. Res. 3, a concurrent resolution setting forth the congres- forth the congressional budget for the eration Desert Storm or Operation United States Government for fiscal Desert Shield. sional budget for the United States Government for fiscal year 2017 and year 2017 and setting forth the appro- S. RES. 6 setting forth the appropriate budgetary priate budgetary levels for fiscal years At the request of Mr. RUBIO, the levels for fiscal years 2018 through 2026. 2018 through 2026. names of the Senator from South Da- AMENDMENT NO. 21 AMENDMENT NO. 30 kota (Mr. THUNE) and the Senator from At the request of Mr. PETERS, the At the request of Mr. CARDIN, the Montana (Mr. TESTER) were added as names of the Senator from Massachu- name of the Senator from New Hamp- cosponsors of S. Res. 6, a resolution ob- setts (Ms. WARREN), the Senator from shire (Mrs. SHAHEEN) was added as a co- jecting to United Nations Security Virginia (Mr. KAINE), the Senator from sponsor of amendment No. 30 intended Council Resolution 2334 and to all ef- New Mexico (Mr. UDALL), the Senator to be proposed to S. Con. Res. 3, a con- forts that undermine direct negotia- from Minnesota (Ms. KLOBUCHAR), the current resolution setting forth the tions between Israel and the Palestin- Senator from Maryland (Mr. CARDIN), congressional budget for the United ians for a secure and peaceful settle- the Senator from Wisconsin (Ms. BALD- States Government for fiscal year 2017 ment. WIN), and the Senator from Delaware and setting forth the appropriate budg- S. RES. 10 (Mr. COONS) were added as cosponsors etary levels for fiscal years 2018 At the request of Mr. MARKEY, the of amendment No. 21 intended to be through 2026. names of the Senator from New Hamp- proposed to S. Con. Res. 3, a concurrent AMENDMENT NO. 34 shire (Mrs. SHAHEEN), the Senator from resolution setting forth the congres- At the request of Mrs. SHAHEEN, the Maine (Mr. KING), and the Senator sional budget for the United States name of the Senator from Virginia (Mr. from Pennsylvania (Mr. TOOMEY) were Government for fiscal year 2017 and WARNER) was added as a cosponsor of added as cosponsors of S. Res. 10, a res- setting forth the appropriate budgetary amendment No. 34 intended to be pro- olution expressing the sense of the Sen- levels for fiscal years 2018 through 2026. posed to S. Con. Res. 3, a concurrent

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.039 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S278 CONGRESSIONAL RECORD — SENATE January 11, 2017 resolution setting forth the congres- 61 proposed to S. Con. Res. 3, a concur- setting forth the congressional budget sional budget for the United States rent resolution setting forth the con- for the United States Government for Government for fiscal year 2017 and gressional budget for the United States fiscal year 2017 and setting forth the setting forth the appropriate budgetary Government for fiscal year 2017 and appropriate budgetary levels for fiscal levels for fiscal years 2018 through 2026. setting forth the appropriate budgetary years 2018 through 2026. AMENDMENT NO. 36 levels for fiscal years 2018 through 2026. AMENDMENT NO. 74 At the request of Mrs. SHAHEEN, the AMENDMENT NO. 62 At the request of Mr. BOOKER, the name of the Senator from Washington At the request of Mrs. GILLIBRAND, name of the Senator from Pennsyl- (Mrs. MURRAY) was added as a cospon- her name was withdrawn as a cospon- vania (Mr. CASEY) was added as a co- sor of amendment No. 36 intended to be sor of amendment No. 62 intended to be sponsor of amendment No. 74 intended proposed to S. Con. Res. 3, a concurrent proposed to S. Con. Res. 3, a concurrent to be proposed to S. Con. Res. 3, a con- resolution setting forth the congres- resolution setting forth the congres- current resolution setting forth the sional budget for the United States sional budget for the United States congressional budget for the United Government for fiscal year 2017 and Government for fiscal year 2017 and States Government for fiscal year 2017 setting forth the appropriate budgetary setting forth the appropriate budgetary and setting forth the appropriate budg- levels for fiscal years 2018 through 2026. levels for fiscal years 2018 through 2026. etary levels for fiscal years 2018 AMENDMENT NO. 37 AMENDMENT NO. 63 through 2026. At the request of Mrs. SHAHEEN, the At the request of Mr. MANCHIN, the AMENDMENT NO. 76 name of the Senator from Washington names of the Senator from Massachu- At the request of Mr. BOOKER, the (Mrs. MURRAY) was added as a cospon- setts (Ms. WARREN) and the Senator names of the Senator from Ohio (Mr. sor of amendment No. 37 intended to be from Florida (Mr. NELSON) were added BROWN) and the Senator from Massa- proposed to S. Con. Res. 3, a concurrent as cosponsors of amendment No. 63 pro- chusetts (Ms. WARREN) were added as resolution setting forth the congres- posed to S. Con. Res. 3, a concurrent cosponsors of amendment No. 76 in- sional budget for the United States resolution setting forth the congres- tended to be proposed to S. Con. Res. 3, Government for fiscal year 2017 and sional budget for the United States a concurrent resolution setting forth setting forth the appropriate budgetary Government for fiscal year 2017 and the congressional budget for the United levels for fiscal years 2018 through 2026. setting forth the appropriate budgetary States Government for fiscal year 2017 and setting forth the appropriate budg- AMENDMENT NO. 53 levels for fiscal years 2018 through 2026. etary levels for fiscal years 2018 At the request of Mr. FRANKEN, the AMENDMENT NO. 64 through 2026. name of the Senator from Ohio (Mr. At the request of Mr. MANCHIN, the AMENDMENT NO. 77 BROWN) was added as a cosponsor of names of the Senator from Oregon (Mr. At the request of Mr. BOOKER, the amendment No. 53 intended to be pro- WYDEN), the Senator from New York name of the Senator from Massachu- posed to S. Con. Res. 3, a concurrent (Mrs. GILLIBRAND), and the Senator setts (Ms. WARREN) was added as a co- resolution setting forth the congres- from New Hampshire (Ms. HASSAN) sponsor of amendment No. 77 intended sional budget for the United States were added as cosponsors of amend- to be proposed to S. Con. Res. 3, a con- Government for fiscal year 2017 and ment No. 64 proposed to S. Con. Res. 3, current resolution setting forth the setting forth the appropriate budgetary a concurrent resolution setting forth congressional budget for the United levels for fiscal years 2018 through 2026. the congressional budget for the United States Government for fiscal year 2017 States Government for fiscal year 2017 AMENDMENT NO. 54 and setting forth the appropriate budg- and setting forth the appropriate budg- At the request of Mr. FRANKEN, the etary levels for fiscal years 2018 etary levels for fiscal years 2018 names of the Senator from New Hamp- through 2026. shire (Mrs. SHAHEEN) and the Senator through 2026. AMENDMENT NO. 78 from Virginia (Mr. WARNER) were added AMENDMENT NO. 68 At the request of Mr. DURBIN, the as cosponsors of amendment No. 54 in- At the request of Mr. CARDIN, the names of the Senator from Maryland tended to be proposed to S. Con. Res. 3, names of the Senator from Maryland (Mr. VAN HOLLEN), the Senator from Il- a concurrent resolution setting forth (Mr. VAN HOLLEN), the Senator from linois (Ms. DUCKWORTH), the Senator the congressional budget for the United Massachusetts (Ms. WARREN), and the from Massachusetts (Ms. WARREN), the States Government for fiscal year 2017 Senator from Vermont (Mr. LEAHY) Senator from Washington (Mrs. MUR- and setting forth the appropriate budg- were added as cosponsors of amend- RAY), the Senator from Connecticut etary levels for fiscal years 2018 ment No. 68 intended to be proposed to (Mr. BLUMENTHAL) and the Senator through 2026. S. Con. Res. 3, a concurrent resolution from Minnesota (Mr. FRANKEN) were AMENDMENT NO. 55 setting forth the congressional budget added as cosponsors of amendment No. At the request of Mr. BOOKER, the for the United States Government for 78 intended to be proposed to S. Con. names of the Senator from Delaware fiscal year 2017 and setting forth the Res. 3, a concurrent resolution setting (Mr. CARPER) and the Senator from appropriate budgetary levels for fiscal forth the congressional budget for the Minnesota (Mr. FRANKEN) were added years 2018 through 2026. United States Government for fiscal as cosponsors of amendment No. 55 in- AMENDMENT NO. 69 year 2017 and setting forth the appro- tended to be proposed to S. Con. Res. 3, At the request of Mr. BENNET, the priate budgetary levels for fiscal years a concurrent resolution setting forth names of the Senator from Maryland 2018 through 2026. the congressional budget for the United (Mr. VAN HOLLEN) and the Senator AMENDMENT NO. 79 States Government for fiscal year 2017 from New Hampshire (Mrs. SHAHEEN) At the request of Mr. DURBIN, the and setting forth the appropriate budg- were added as cosponsors of amend- names of the Senator from Ohio (Mr. etary levels for fiscal years 2018 ment No. 69 intended to be proposed to BROWN), the Senator from Maryland through 2026. S. Con. Res. 3, a concurrent resolution (Mr. VAN HOLLEN), the Senator from AMENDMENT NO. 61 setting forth the congressional budget Massachusetts (Ms. WARREN) and the At the request of Mr. CASEY, the for the United States Government for Senator from Connecticut (Mr. names of the Senator from Oregon (Mr. fiscal year 2017 and setting forth the BLUMENTHAL) were added as cosponsors WYDEN), the Senator from Minnesota appropriate budgetary levels for fiscal of amendment No. 79 intended to be (Ms. KLOBUCHAR), the Senator from years 2018 through 2026. proposed to S. Con. Res. 3, a concurrent Delaware (Mr. COONS), the Senator AMENDMENT NO. 70 resolution setting forth the congres- from Maryland (Mr. VAN HOLLEN), the At the request of Mr. BENNET, the sional budget for the United States Senator from Virginia (Mr. WARNER), names of the Senator from Maryland Government for fiscal year 2017 and the Senator from Delaware (Mr. CAR- (Mr. VAN HOLLEN) and the Senator setting forth the appropriate budgetary PER), the Senator from Massachusetts from New Hampshire (Mrs. SHAHEEN) levels for fiscal years 2018 through 2026. (Ms. WARREN), and the Senator from were added as cosponsors of amend- AMENDMENT NO. 80 Connecticut (Mr. BLUMENTHAL) were ment No. 70 intended to be proposed to At the request of Mr. DURBIN, the added as cosponsors of amendment No. S. Con. Res. 3, a concurrent resolution names of the Senator from Ohio (Mr.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.040 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S279 BROWN), the Senator from Maryland Senator from Washington (Mrs. MUR- (Mr. VAN HOLLEN) and the Senator (Mr. VAN HOLLEN), the Senator from RAY), the Senator from Pennsylvania from Maine (Mr. KING) were added as Massachusetts (Ms. WARREN), the Sen- (Mr. CASEY) and the Senator from Con- cosponsors of amendment No. 91 in- ator from Connecticut (Mr. necticut (Mr. BLUMENTHAL) were added tended to be proposed to S. Con. Res. 3, BLUMENTHAL) and the Senator from as cosponsors of amendment No. 84 in- a concurrent resolution setting forth Virginia (Mr. WARNER) were added as tended to be proposed to S. Con. Res. 3, the congressional budget for the United cosponsors of amendment No. 80 in- a concurrent resolution setting forth States Government for fiscal year 2017 tended to be proposed to S. Con. Res. 3, the congressional budget for the United and setting forth the appropriate budg- a concurrent resolution setting forth States Government for fiscal year 2017 etary levels for fiscal years 2018 the congressional budget for the United and setting forth the appropriate budg- through 2026. States Government for fiscal year 2017 etary levels for fiscal years 2018 AMENDMENT NO. 92 and setting forth the appropriate budg- through 2026. At the request of Ms. STABENOW, the etary levels for fiscal years 2018 AMENDMENT NO. 86 names of the Senator from Maryland through 2026. At the request of Mr. BROWN, the (Mr. VAN HOLLEN) and the Senator AMENDMENT NO. 81 names of the Senator from Vermont from Maine (Mr. KING) were added as At the request of Ms. BALDWIN, the (Mr. LEAHY), the Senator from Wash- cosponsors of amendment No. 92 in- names of the Senator from Minnesota ington (Mrs. MURRAY), the Senator tended to be proposed to S. Con. Res. 3, (Ms. KLOBUCHAR), the Senator from Or- from Connecticut (Mr. MURPHY), the a concurrent resolution setting forth egon (Mr. WYDEN), the Senator from Senator from Oregon (Mr. WYDEN), the the congressional budget for the United Massachusetts (Ms. WARREN), the Sen- Senator from Colorado (Mr. BENNET), States Government for fiscal year 2017 ator from New York (Mrs. GILLIBRAND), the Senator from New Jersey (Mr. and setting forth the appropriate budg- the Senator from New Hampshire (Mrs. MENENDEZ), the Senator from Mary- etary levels for fiscal years 2018 SHAHEEN), the Senator from Delaware land (Mr. VAN HOLLEN), the Senator through 2026. ARPER OONS (Mr. C ), the Senator from Wash- from Delaware (Mr. C ), the Sen- AMENDMENT NO. 93 ington (Mrs. MURRAY) and the Senator ator from New Hampshire (Mrs. SHA- At the request of Ms. STABENOW, the from Vermont (Mr. LEAHY) were added HEEN), the Senator from New Mexico names of the Senator from Maryland as cosponsors of amendment No. 81 pro- (Mr. HEINRICH), the Senator from Mas- (Mr. VAN HOLLEN) and the Senator posed to S. Con. Res. 3, a concurrent sachusetts (Mr. MARKEY), the Senator from Massachusetts (Ms. WARREN) were resolution setting forth the congres- from Hawaii (Ms. HIRONO), the Senator added as cosponsors of amendment No. sional budget for the United States from Virginia (Mr. WARNER), the Sen- 93 intended to be proposed to S. Con. Government for fiscal year 2017 and ator from West Virginia (Mr. MANCHIN), Res. 3, a concurrent resolution setting setting forth the appropriate budgetary the Senator from New York (Mr. SCHU- forth the congressional budget for the levels for fiscal years 2018 through 2026. MER), the Senator from Virginia (Mr. United States Government for fiscal KAINE), the Senator from Washington AMENDMENT NO. 82 year 2017 and setting forth the appro- (Ms. CANTWELL), the Senator from At the request of Mrs. GILLIBRAND, priate budgetary levels for fiscal years Michigan (Mr. PETERS), the Senator the names of the Senator from Oregon 2018 through 2026. (Mr. WYDEN), the Senator from Rhode from Minnesota (Ms. KLOBUCHAR), the AMENDMENT NO. 94 Island (Mr. WHITEHOUSE), the Senator Senator from Minnesota (Mr. from Delaware (Mr. COONS), the Sen- FRANKEN), the Senator from Vermont At the request of Ms. STABENOW, the ator from Wisconsin (Ms. BALDWIN), the (Mr. SANDERS), the Senator from Flor- names of the Senator from Oregon (Mr. Senator from Virginia (Mr. WARNER), ida (Mr. NELSON), the Senator from Ha- WYDEN), the Senator from Minnesota the Senator from Massachusetts (Ms. waii (Mr. SCHATZ) and the Senator (Ms. KLOBUCHAR), the Senator from WARREN), the Senator from Maryland from California (Mrs. FEINSTEIN) were Maryland (Mr. VAN HOLLEN), the Sen- (Mr. VAN HOLLEN), the Senator from added as cosponsors of amendment No. ator from Massachusetts (Ms. WAR- Vermont (Mr. LEAHY), the Senator 86 proposed to S. Con. Res. 3, a concur- REN), the Senator from New Jersey from New Jersey (Mr. BOOKER), the rent resolution setting forth the con- (Mr. BOOKER), the Senator from Maine Senator from Minnesota (Mr. gressional budget for the United States (Mr. KING), the Senator from Delaware FRANKEN), the Senator from Massachu- Government for fiscal year 2017 and (Mr. COONS), the Senator from Wash- setts (Mr. MARKEY), the Senator from setting forth the appropriate budgetary ington (Mrs. MURRAY) and the Senator Connecticut (Mr. MURPHY), the Senator levels for fiscal years 2018 through 2026. from New York (Mrs. GILLIBRAND) were from Maine (Mr. KING) and the Senator AMENDMENT NO. 89 added as cosponsors of amendment No. from Rhode Island (Mr. REED) were At the request of Mr. CARPER, the 94 proposed to S. Con. Res. 3, a concur- added as cosponsors of amendment No. name of the Senator from Delaware rent resolution setting forth the con- 82 proposed to S. Con. Res. 3, a concur- (Mr. COONS) was added as a cosponsor gressional budget for the United States rent resolution setting forth the con- of amendment No. 89 intended to be Government for fiscal year 2017 and gressional budget for the United States proposed to S. Con. Res. 3, a concurrent setting forth the appropriate budgetary Government for fiscal year 2017 and resolution setting forth the congres- levels for fiscal years 2018 through 2026. setting forth the appropriate budgetary sional budget for the United States AMENDMENT NO. 95 levels for fiscal years 2018 through 2026. Government for fiscal year 2017 and At the request of Mr. MARKEY, the AMENDMENT NO. 83 setting forth the appropriate budgetary name of the Senator from New Jersey At the request of Mr. MENENDEZ, the levels for fiscal years 2018 through 2026. (Mr. BOOKER) was added as a cosponsor names of the Senator from Massachu- AMENDMENT NO. 90 of amendment No. 95 intended to be setts (Ms. WARREN) and the Senator At the request of Mr. CARPER, the proposed to S. Con. Res. 3, a concurrent from Oregon (Mr. MERKLEY) were added names of the Senator from Ohio (Mr. resolution setting forth the congres- as cosponsors of amendment No. 83 pro- BROWN) and the Senator from Massa- sional budget for the United States posed to S. Con. Res. 3, a concurrent chusetts (Ms. WARREN) were added as Government for fiscal year 2017 and resolution setting forth the congres- cosponsors of amendment No. 90 in- setting forth the appropriate budgetary sional budget for the United States tended to be proposed to S. Con. Res. 3, levels for fiscal years 2018 through 2026. Government for fiscal year 2017 and a concurrent resolution setting forth AMENDMENT NO. 96 setting forth the appropriate budgetary the congressional budget for the United At the request of Mr. MARKEY, the levels for fiscal years 2018 through 2026. States Government for fiscal year 2017 name of the Senator from Maryland AMENDMENT NO. 84 and setting forth the appropriate budg- (Mr. VAN HOLLEN) was added as a co- At the request of Mr. DURBIN, the etary levels for fiscal years 2018 sponsor of amendment No. 96 intended names of the Senator from Maryland through 2026. to be proposed to S. Con. Res. 3, a con- (Mr. VAN HOLLEN), the Senator from Il- AMENDMENT NO. 91 current resolution setting forth the linois (Ms. DUCKWORTH), the Senator At the request of Ms. STABENOW, the congressional budget for the United from Massachusetts (Ms. WARREN), the names of the Senator from Maryland States Government for fiscal year 2017

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.041 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S280 CONGRESSIONAL RECORD — SENATE January 11, 2017 and setting forth the appropriate budg- 104 proposed to S. Con. Res. 3, a concur- SEC. 2. EFFECT OF FAILURE TO ADOPT RESOLU- rent resolution setting forth the con- TION PROVIDING FOR BALANCED etary levels for fiscal years 2018 BUDGETS. through 2026. gressional budget for the United States (a) DEFINITIONS.—In this section— AMENDMENT NO. 97 Government for fiscal year 2017 and (1) the term ‘‘balanced budget’’ means a At the request of Mr. BLUMENTHAL, setting forth the appropriate budgetary concurrent resolution on the budget which the name of the Senator from Min- levels for fiscal years 2018 through 2026. provides that for fiscal year 2027, and each nesota (Mr. FRANKEN) was added as a AMENDMENT NO. 105 fiscal year thereafter to which the concur- cosponsor of amendment No. 97 in- At the request of Mr. TESTER, the rent resolution on the budget applies— names of the Senator from Connecticut (A) total outlays do not exceed total re- tended to be proposed to S. Con. Res. 3, ceipts; and a concurrent resolution setting forth (Mr. BLUMENTHAL), the Senator from (B) total outlays are not more than 18 per- the congressional budget for the United Vermont (Mr. LEAHY) and the Senator cent of the gross domestic product of the States Government for fiscal year 2017 from Wisconsin (Ms. BALDWIN) were United States (as determined by the Bureau and setting forth the appropriate budg- added as cosponsors of amendment No. of Economic Analysis of the Department of etary levels for fiscal years 2018 105 intended to be proposed to S. Con. Commerce) for such fiscal year; through 2026. Res. 3, a concurrent resolution setting (2) the term ‘‘Director’’ means the Director forth the congressional budget for the of the Office of Management and Budget; and AMENDMENT NO. 100 United States Government for fiscal (3) the term ‘‘Member’’ includes a Delegate At the request of Ms. CANTWELL, the year 2017 and setting forth the appro- or Resident Commissioner to Congress. names of the Senator from Minnesota (b) DETERMINATION BY THE OFFICE OF MAN- priate budgetary levels for fiscal years (Ms. KLOBUCHAR), the Senator from AGEMENT AND BUDGET.—Upon adoption by a 2018 through 2026. Massachusetts (Ms. WARREN), the Sen- House of Congress of a concurrent resolution AMENDMENT NO. 109 on the budget for a fiscal year, the Director ator from Maine (Mr. KING), the Sen- At the request of Mr. UDALL, the shall— ator from Maryland (Mr. VAN HOLLEN) names of the Senator from Oregon (Mr. (1) determine whether the concurrent reso- and the Senator from Virginia (Mr. WYDEN) and the Senator from Wash- lution on the budget is a balanced budget; WARNER) were added as cosponsors of ington (Mrs. MURRAY) were added as and amendment No. 100 intended to be pro- cosponsors of amendment No. 109 in- (2) submit to the Speaker of the House of Representatives or the President pro tem- posed to S. Con. Res. 3, a concurrent tended to be proposed to S. Con. Res. 3, resolution setting forth the congres- pore of the Senate (as the case may be) a cer- a concurrent resolution setting forth tification as to whether or not that House of sional budget for the United States the congressional budget for the United Government for fiscal year 2017 and Congress has adopted a balanced budget. States Government for fiscal year 2017 (c) RULE FOR FISCAL YEARS 2018 AND 2019.— setting forth the appropriate budgetary and setting forth the appropriate budg- (1) FISCAL YEAR 2018.— levels for fiscal years 2018 through 2026. etary levels for fiscal years 2018 (A) HOLDING SALARIES IN ESCROW.—If the AMENDMENT NO. 101 through 2026. Director does not certify that a House of Congress has adopted a balanced budget with At the request of Mr. BENNET, the f names of the Senator from Maryland respect to fiscal year 2018 before April 16, 2017, during the period described in subpara- (Mr. VAN HOLLEN) and the Senator STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS graph (B) the payroll administrator of that from Ohio (Mr. PORTMAN) were added House of Congress shall deposit in an escrow as cosponsors of amendment No. 101 in- By Mr. DAINES (for himself and account all payments otherwise required to tended to be proposed to S. Con. Res. 3, Mr. PERDUE): be made during such period for the com- a concurrent resolution setting forth S. 98. A bill to reduce a portion of the pensation of Members of Congress who serve the congressional budget for the United annual pay of Members of Congress for in that House of Congress, and shall release States Government for fiscal year 2017 the failure to adopt a concurrent reso- such payments to such Members only upon and setting forth the appropriate budg- lution on the budget which does not the expiration of such period. etary levels for fiscal years 2018 provide for a balanced budget, and for (B) PERIOD DESCRIBED.—With respect to a House of Congress, the period described in through 2026. other purposes; to the Committee on Homeland Security and Governmental this subparagraph is the period that begins AMENDMENT NO. 102 on April 16, 2017, and ends on the earlier of— At the request of Mr. BENNET, the Affairs. (i) the date on which the Director certifies name of the Senator from Maryland Mr. DAINES. Mr. President, I ask that the House of Congress has adopted a unanimous consent that the text of the (Mr. VAN HOLLEN) was added as a co- balanced budget with respect to fiscal year sponsor of amendment No. 102 intended bill be printed in the RECORD. 2018; or There being no objection, the text of to be proposed to S. Con. Res. 3, a con- (ii) the last day of the One Hundred Fif- the bill was ordered to be printed in current resolution setting forth the teenth Congress. the RECORD, as follows: (2) FISCAL YEAR 2019.— congressional budget for the United S. 98 (A) HOLDING SALARIES IN ESCROW.—If the States Government for fiscal year 2017 Be it enacted by the Senate and House of Rep- Director does not certify that a House of and setting forth the appropriate budg- resentatives of the United States of America in Congress has adopted a balanced budget with etary levels for fiscal years 2018 Congress assembled, respect to fiscal year 2019 before April 16, through 2026. SECTION 1. SHORT TITLE; FINDINGS. 2018, during the period described in subpara- AMENDMENT NO. 103 (a) SHORT TITLE.—This Act may be cited as graph (B) the payroll administrator of that House of Congress shall deposit in an escrow At the request of Mr. TESTER, the the ‘‘Balanced Budget Accountability Act’’. account all payments otherwise required to names of the Senator from Connecticut (b) FINDINGS.—Congress finds the fol- lowing: be made during such period for the com- (Mr. BLUMENTHAL) and the Senator (1) The Federal debt exceeds pensation of Members of Congress who serve from Wisconsin (Ms. BALDWIN) were $19,000,000,000,000, continues to grow rapidly, in that House of Congress, and shall release added as cosponsors of amendment No. and is larger than the size of the United such payments to such Members only upon 103 intended to be proposed to S. Con. States economy. the expiration of such period. Res. 3, a concurrent resolution setting (2) The Federal budget has shown an an- (B) PERIOD DESCRIBED.—With respect to a forth the congressional budget for the nual deficit in 47 of the last 52 years. House of Congress, the period described in United States Government for fiscal (3) Deficits and the Federal debt threaten this subparagraph is the period that begins to shatter confidence in the Nation’s econ- on April 16, 2018, and ends on the earlier of— year 2017 and setting forth the appro- omy, suppress job creation and economic (i) the date on which the Director certifies priate budgetary levels for fiscal years growth, and leave future generations of that the House of Congress has adopted a 2018 through 2026. Americans with a lower standard of living balanced budget with respect to fiscal year AMENDMENT NO. 104 and fewer opportunities. 2019; or At the request of Mr. TESTER, the (4) It is the duty of Members of Congress to (ii) the last day of the One Hundred Fif- names of the Senator from Connecticut develop and implement policies, including teenth Congress. balancing the Federal budget, that encour- (3) WITHHOLDING AND REMITTANCE OF (Mr. BLUMENTHAL), the Senator from age robust job creation and economic growth AMOUNTS FROM PAYMENTS HELD IN ESCROW.— Ohio (Mr. BROWN), the Senator from in the United States. The payroll administrator shall provide for Vermont (Mr. LEAHY) and the Senator (5) Members of Congress should be held ac- the same withholding and remittance with from Wisconsin (Ms. BALDWIN) were countable for failing to pass annual budgets respect to a payment deposited in an escrow added as cosponsors of amendment No. that result in a balanced budget. account under paragraph (1) or (2) that would

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.042 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S281 apply to the payment if the payment were SA 112. Mr. FRANKEN submitted an concurrent resolution S. Con. Res. 3, supra; not subject to paragraph (1) or (2). amendment intended to be proposed by him which was ordered to lie on the table. (4) RELEASE OF AMOUNTS AT END OF THE to the concurrent resolution S. Con. Res. 3, SA 131. Mr. WYDEN (for himself, Mr. MAR- CONGRESS.—In order to ensure that this sub- supra; which was ordered to lie on the table. KEY, Mr. CARDIN, Mr. VAN HOLLEN, Ms. WAR- section is carried out in a manner that shall SA 113. Mr. BLUMENTHAL submitted an REN, Ms. STABENOW, and Mr. REED) sub- not vary the compensation of Senators or amendment intended to be proposed by him mitted an amendment intended to be pro- Representatives in violation of the twenty- to the concurrent resolution S. Con. Res. 3, posed by him to the concurrent resolution S. seventh amendment to the Constitution of supra; which was ordered to lie on the table. Con. Res. 3, supra; which was ordered to lie the United States, the payroll administrator SA 114. Mr. WYDEN (for himself, Mr. VAN on the table. of a House of Congress shall release for pay- HOLLEN, Mr. UDALL, Mr. CARPER, Ms. HIRONO, SA 132. Mr. FRANKEN (for himself, Mr. ments to Members of that House of Congress Mr. WHITEHOUSE, Mr. BLUMENTHAL, Mr. VAN HOLLEN, and Mr. BROWN) submitted an any amounts remaining in any escrow ac- LEAHY, Mr. KAINE, Mr. WARNER, and Mr. amendment intended to be proposed by him count under this section on the last day of CARDIN) submitted an amendment intended to the concurrent resolution S. Con. Res. 3, the One Hundred Fifteenth Congress. to be proposed by him to the concurrent res- supra; which was ordered to lie on the table. (5) ROLE OF SECRETARY OF THE TREASURY.— olution S. Con. Res. 3, supra; which was or- SA 133. Mr. WYDEN submitted an amend- The Secretary of the Treasury shall provide dered to lie on the table. ment intended to be proposed by him to the the payroll administrators of the Houses of SA 115. Mr. MARKEY (for himself, Mr. concurrent resolution S. Con. Res. 3, supra; Congress with such assistance as may be nec- DURBIN, Mr. KING, Mr. MANCHIN, and Mr. which was ordered to lie on the table. essary to enable the payroll administrators BROWN) submitted an amendment intended SA 134. Mr. SANDERS (for himself, Ms. to carry out this subsection. to be proposed by him to the concurrent res- STABENOW, and Mr. FRANKEN) submitted an (6) PAYROLL ADMINISTRATOR DEFINED.—In olution S. Con. Res. 3, supra; which was or- amendment intended to be proposed by him this subsection, the ‘‘payroll administrator’’ dered to lie on the table. to the concurrent resolution S. Con. Res. 3, of a House of Congress means— SA 116. Mr. DONNELLY (for himself, Ms. supra; which was ordered to lie on the table. (A) in the case of the House of Representa- KLOBUCHAR, Mrs. SHAHEEN, and Mr. CASEY) SA 135. Mr. FRANKEN (for himself, Ms. tives, the Chief Administrative Officer of the submitted an amendment intended to be pro- WARREN, Mr. WHITEHOUSE, Ms. BALDWIN, and House of Representatives, or an employee of posed by him to the concurrent resolution S. Mr. REED) submitted an amendment in- the Office of the Chief Administrative Officer Con. Res. 3, supra; which was ordered to lie tended to be proposed by him to the concur- who is designated by the Chief Administra- on the table. rent resolution S. Con. Res. 3, supra; which tive Officer to carry out this section; and SA 117. Mr. SANDERS submitted an was ordered to lie on the table. (B) in the case of the Senate, the Secretary amendment intended to be proposed by him SA 136. Mr. CARDIN (for himself, Ms. of the Senate, or an employee of the Office of to the concurrent resolution S. Con. Res. 3, HIRONO, Mr. BOOKER, Mr. BROWN, Mr. CAR- the Secretary of the Senate who is des- supra; which was ordered to lie on the table. PER, Mr. VAN HOLLEN, and Ms. WARREN) sub- ignated by the Secretary to carry out this SA 118. Mrs. SHAHEEN (for herself, Mr. mitted an amendment intended to be pro- section. COONS, Mr. VAN HOLLEN, Mr. CARPER, Mr. posed by him to the concurrent resolution S. (d) RULE FOR FISCAL YEAR 2020 AND SUBSE- BOOKER, Ms. HASSAN, and Ms. HIRONO) sub- Con. Res. 3, supra; which was ordered to lie QUENT FISCAL YEARS.—If the Director does mitted an amendment intended to be pro- on the table. not certify that a House of Congress has posed by her to the concurrent resolution S. SA 137. Mr. REED (for himself, Mr. adopted a balanced budget with respect to Con. Res. 3, supra; which was ordered to lie BLUMENTHAL, Mr. VAN HOLLEN, and Ms. WAR- fiscal year 2020, or any fiscal year thereafter, on the table. REN) submitted an amendment intended to before April 16 of the fiscal year before such SA 119. Mr. CASEY (for himself and Mr. be proposed by him to the concurrent resolu- fiscal year, during pay periods which occur HEINRICH) submitted an amendment intended tion S. Con. Res. 3, supra; which was ordered in the same calendar year after that date to be proposed by him to the concurrent res- to lie on the table. each Member of that House shall be paid at olution S. Con. Res. 3, supra; which was or- SA 138. Mr. HELLER submitted an amend- an annual rate of pay equal to $1. dered to lie on the table. ment intended to be proposed by him to the SEC. 3. SUPERMAJORITY REQUIREMENT FOR IN- SA 120. Mr. MERKLEY submitted an concurrent resolution S. Con. Res. 3, supra; CREASING REVENUE. amendment intended to be proposed by him which was ordered to lie on the table. (a) IN GENERAL.—In the Senate and the to the concurrent resolution S. Con. Res. 3, SA 139. Mr. BROWN (for himself and Mr. House of Representatives, a bill, joint resolu- supra; which was ordered to lie on the table. MERKLEY) submitted an amendment in- tion, amendment, conference report, or SA 121. Mr. MERKLEY submitted an tended to be proposed by him to the concur- amendment between the Houses that in- amendment intended to be proposed by him rent resolution S. Con. Res. 3, supra; which creases revenue shall only be agreed to upon to the concurrent resolution S. Con. Res. 3, was ordered to lie on the table. an affirmative vote of three-fifths of the supra; which was ordered to lie on the table. SA 140. Ms. WARREN submitted an amend- Members of that House of Congress duly cho- SA 122. Mr. MERKLEY submitted an ment intended to be proposed by her to the sen and sworn. amendment intended to be proposed by him concurrent resolution S. Con. Res. 3, supra; (b) RULES OF SENATE AND THE HOUSE OF to the concurrent resolution S. Con. Res. 3, which was ordered to lie on the table. REPRESENTATIVES.—Subsection (a) is enacted supra; which was ordered to lie on the table. SA 141. Ms. WARREN (for herself, Ms. by Congress— SA 123. Mr. MERKLEY submitted an BALDWIN, and Mrs. MURRAY) submitted an (1) as an exercise of the rulemaking power amendment intended to be proposed by him amendment intended to be proposed by her of the Senate and House of Representatives, to the concurrent resolution S. Con. Res. 3, to the concurrent resolution S. Con. Res. 3, respectively, and as such it is deemed a part supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. of the rules of each House, respectively, but SA 124. Mr. MERKLEY submitted an SA 142. Ms. WARREN (for herself and Mr. applicable only with respect to the procedure amendment intended to be proposed by him CASEY) submitted an amendment intended to to be followed in that House in the case of a to the concurrent resolution S. Con. Res. 3, be proposed by her to the concurrent resolu- bill, joint resolution, amendment, conference supra; which was ordered to lie on the table. tion S. Con. Res. 3, supra; which was ordered report, or amendment between the Houses SA 125. Mr. MERKLEY submitted an to lie on the table. that increases revenue, and it supersedes amendment intended to be proposed by him SA 143. Ms. CANTWELL (for herself, Mr. other rules only to the extent that it is in- to the concurrent resolution S. Con. Res. 3, CARPER, Mr. BENNET, Mrs. SHAHEEN, Mr. consistent with such rules; and supra; which was ordered to lie on the table. MURPHY, Ms. WARREN, Mr. KING, Mr. VAN (2) with full recognition of the constitu- SA 126. Mr. COONS (for himself, Mr. HOLLEN, Ms. KLOBUCHAR, Mr. WHITEHOUSE, tional right of either House to change the BROWN, Ms. BALDWIN, Mr. KING, Mr. VAN Mr. WARNER, and Ms. DUCKWORTH) submitted rules (so far as relating to the procedure of HOLLEN, Ms. WARREN, and Mrs. GILLIBRAND) an amendment intended to be proposed by that House) at any time, in the same man- submitted an amendment intended to be pro- her to the concurrent resolution S. Con. Res. ner, and to the same extent as in the case of posed by him to the concurrent resolution S. 3, supra. any other rule of that House. Con. Res. 3, supra. SA 144. Ms. KLOBUCHAR (for herself and f SA 127. Ms. WARREN submitted an amend- Ms. WARREN) submitted an amendment in- ment intended to be proposed by her to the tended to be proposed by her to the concur- AMENDMENTS SUBMITTED AND concurrent resolution S. Con. Res. 3, supra; rent resolution S. Con. Res. 3, supra; which PROPOSED which was ordered to lie on the table. was ordered to lie on the table. SA 111. Mr. MANCHIN (for himself, Mr. SA 128. Ms. WARREN submitted an amend- SA 145. Mr. MURPHY submitted an amend- CASEY, Mr. WARNER, Mr. BROWN, Ms. ment intended to be proposed by her to the ment intended to be proposed by him to the HEITKAMP, and Mrs. MURRAY) submitted an concurrent resolution S. Con. Res. 3, supra; concurrent resolution S. Con. Res. 3, supra; amendment intended to be proposed by him which was ordered to lie on the table. which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 3, SA 129. Ms. WARREN submitted an amend- SA 146. Ms. WARREN submitted an amend- setting forth the congressional budget for ment intended to be proposed by her to the ment intended to be proposed by her to the the United States Government for fiscal year concurrent resolution S. Con. Res. 3, supra; concurrent resolution S. Con. Res. 3, supra; 2017 and setting forth the appropriate budg- which was ordered to lie on the table. which was ordered to lie on the table. etary levels for fiscal years 2018 through 2026; SA 130. Ms. WARREN submitted an amend- SA 147. Ms. CANTWELL (for herself, Mr. which was ordered to lie on the table. ment intended to be proposed by her to the SCHUMER, Mrs. GILLIBRAND, Ms. KLOBUCHAR,

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and Mr. FRANKEN) submitted an amendment SA 168. Mr. WYDEN submitted an amend- concurrent resolution S. Con. Res. 3, supra; intended to be proposed by her to the concur- ment intended to be proposed by him to the which was ordered to lie on the table. rent resolution S. Con. Res. 3, supra; which concurrent resolution S. Con. Res. 3, supra; f was ordered to lie on the table. which was ordered to lie on the table. SA 148. Mr. CARPER submitted an amend- SA 169. Mr. MENENDEZ (for himself, Ms. TEXT OF AMENDMENTS ment intended to be proposed by him to the WARREN, and Mrs. GILLIBRAND) submitted an SA 111. Mr. MANCHIN (for himself, concurrent resolution S. Con. Res. 3, supra; amendment intended to be proposed by him Mr. CASEY, Mr. WARNER, Mr. BROWN, which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 3, SA 149. Mr. WYDEN (for himself, Mr. supra; which was ordered to lie on the table. Ms. HEITKAMP, and Mrs. MURRAY) sub- MERKLEY, Mr. CARDIN, Mr. MARKEY, Mr. SA 170. Ms. DUCKWORTH submitted an mitted an amendment intended to be LEAHY, Mr. VAN HOLLEN, Ms. WARREN, and amendment intended to be proposed by her proposed by him to the concurrent res- Mrs. GILLIBRAND) submitted an amendment to the concurrent resolution S. Con. Res. 3, olution S. Con. Res. 3, setting forth the intended to be proposed by him to the con- supra; which was ordered to lie on the table. congressional budget for the United current resolution S. Con. Res. 3, supra; SA 171. Ms. DUCKWORTH submitted an States Government for fiscal year 2017 amendment intended to be proposed by her which was ordered to lie on the table. and setting forth the appropriate budg- SA 150. Mr. WYDEN (for himself, Mrs. to the concurrent resolution S. Con. Res. 3, etary levels for fiscal years 2018 MURRAY, Mr. BENNET, Mr. BLUMENTHAL, Mr. supra; which was ordered to lie on the table. BOOKER, and Mr. WARNER) submitted an SA 172. Mr. SANDERS (for Ms. KLOBUCHAR through 2026; which was ordered to lie amendment intended to be proposed by him (for herself and Mr. SANDERS)) proposed an on the table; as follows: to the concurrent resolution S. Con. Res. 3, amendment to the concurrent resolution S. At the end of title III, add the following: Con. Res. 3, supra. supra; which was ordered to lie on the table. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SA 151. Mr. LEE submitted an amendment SA 173. Mr. ENZI (for Mr. BARRASSO) pro- RELATING TO HEALTH AND PEN- intended to be proposed by him to the con- posed an amendment to the concurrent reso- SION BENEFITS FOR MINERS. current resolution S. Con. Res. 3, supra; lution S. Con. Res. 3, supra. The Chairman of the Committee on the which was ordered to lie on the table. SA 174. Mr. ALEXANDER submitted an Budget of the Senate may revise the alloca- SA 152. Mr. LEE submitted an amendment amendment intended to be proposed by him tions of a committee or committees, aggre- intended to be proposed by him to the con- to the concurrent resolution S. Con. Res. 3, gates, and other appropriate levels in this current resolution S. Con. Res. 3, supra; supra. resolution for one or more bills, joint resolu- SA 175. Mr. WYDEN (for himself, Mr. SAND- which was ordered to lie on the table. tions, amendments, amendments between ERS, Mr. BROWN, and Ms. KLOBUCHAR) sub- SA 153. Mr. LEE submitted an amendment the Houses, motions, or conference reports mitted an amendment intended to be pro- intended to be proposed by him to the con- relating to the inclusion of additional re- posed by him to the concurrent resolution S. current resolution S. Con. Res. 3, supra; tired miners in the Multiemployer Health Con. Res. 3, supra; which was ordered to lie which was ordered to lie on the table. Benefit Plan and increased funding of the SA 154. Mr. LEE submitted an amendment on the table. SA 176. Mr. FLAKE submitted an amend- 1974 UMWA Pension Plan, by the amounts intended to be proposed by him to the con- ment intended to be proposed by him to the provided in such legislation for those pur- current resolution S. Con. Res. 3, supra; concurrent resolution S. Con. Res. 3, supra. poses, provided that such legislation would which was ordered to lie on the table. SA 177. Mr. CORNYN submitted an amend- not increase the deficit over either the pe- SA 155. Mr. LEE submitted an amendment ment intended to be proposed by him to the riod of the total of fiscal years 2017 through intended to be proposed by him to the con- concurrent resolution S. Con. Res. 3, supra; 2021 or the period of the total of fiscal years current resolution S. Con. Res. 3, supra; which was ordered to lie on the table. 2017 through 2026. which was ordered to lie on the table. SA 178. Ms. KLOBUCHAR (for herself and SA 156. Mr. LEE submitted an amendment Mr. SANDERS) submitted an amendment in- SA 112. Mr. FRANKEN submitted an intended to be proposed by him to the con- tended to be proposed by her to the concur- amendment intended to be proposed by current resolution S. Con. Res. 3, supra; rent resolution S. Con. Res. 3, supra. him to the concurrent resolution S. which was ordered to lie on the table. SA 179. Mr. HATCH submitted an amend- SA 157. Mr. LEE submitted an amendment Con. Res. 3, setting forth the congres- ment intended to be proposed by him to the sional budget for the United States intended to be proposed by him to the con- concurrent resolution S. Con. Res. 3, supra. current resolution S. Con. Res. 3, supra; SA 180. Mr. HATCH submitted an amend- Government for fiscal year 2017 and which was ordered to lie on the table. ment intended to be proposed by him to the setting forth the appropriate budgetary SA 158. Mr. LEE submitted an amendment concurrent resolution S. Con. Res. 3, supra. levels for fiscal years 2018 through 2026; intended to be proposed by him to the con- SA 181. Mr. BARRASSO submitted an which was ordered to lie on the table; current resolution S. Con. Res. 3, supra; amendment intended to be proposed by him as follows: which was ordered to lie on the table. to the concurrent resolution S. Con. Res. 3, At the end of title IV, add the following: SA 159. Mr. LEE submitted an amendment supra. intended to be proposed by him to the con- SA 182. Mr. WYDEN (for himself, Mr. SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- TION THAT WOULD ROLL BACK THE current resolution S. Con. Res. 3, supra; ERKLEY EINRICH M , and Mr. H ) submitted an MEDICARE DIABETES PREVENTION which was ordered to lie on the table. amendment intended to be proposed by him SA 160. Mr. LEE submitted an amendment PROGRAM. to the concurrent resolution S. Con. Res. 3, (a) POINT OF ORDER.—It shall not be in intended to be proposed by him to the con- supra; which was ordered to lie on the table. current resolution S. Con. Res. 3, supra; order in the Senate to consider any bill, SA 183. Mr. WYDEN (for himself, Mr. joint resolution, motion, amendment, which was ordered to lie on the table. MERKLEY, and Mr. HEINRICH) submitted an SA 161. Mr. LEE submitted an amendment amendment between the Houses, or con- amendment intended to be proposed by him ference report that would roll back the ex- intended to be proposed by him to the con- to the concurrent resolution S. Con. Res. 3, current resolution S. Con. Res. 3, supra; pansion of the Medicare Diabetes Prevention supra; which was ordered to lie on the table. Program, including rulemaking related to which was ordered to lie on the table. SA 184. Mrs. FISCHER submitted an the program included in the 2017 Physician SA 162. Mr. LEE submitted an amendment amendment intended to be proposed by her Fee Schedule . intended to be proposed by him to the con- to the concurrent resolution S. Con. Res. 3, (b) WAIVER AND APPEAL.—Subsection (a) current resolution S. Con. Res. 3, supra; supra. may be waived or suspended in the Senate which was ordered to lie on the table. SA 185. Mr. WYDEN submitted an amend- only by an affirmative vote of three-fifths of SA 163. Mr. LEE submitted an amendment ment intended to be proposed by him to the the Members, duly chosen and sworn. An af- intended to be proposed by him to the con- concurrent resolution S. Con. Res. 3, supra; firmative vote of three-fifths of the Members current resolution S. Con. Res. 3, supra; which was ordered to lie on the table. which was ordered to lie on the table. SA 186. Mr. WYDEN (for himself, Mr. of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling SA 164. Mr. LEE submitted an amendment UDALL, Mr. CARPER, Ms. HIRONO, and Mr. of the Chair on a point of order raised under intended to be proposed by him to the con- BLUMENTHAL) submitted an amendment in- current resolution S. Con. Res. 3, supra; tended to be proposed by him to the concur- subsection (a). which was ordered to lie on the table. rent resolution S. Con. Res. 3, supra; which SA 165. Mr. LEE submitted an amendment was ordered to lie on the table. SA 113. Mr. BLUMENTHAL sub- intended to be proposed by him to the con- SA 187. Mr. WYDEN (for himself and Mr. mitted an amendment intended to be current resolution S. Con. Res. 3, supra; SANDERS) submitted an amendment intended proposed by him to the concurrent res- which was ordered to lie on the table. to be proposed by him to the concurrent res- olution S. Con. Res. 3, setting forth the SA 166. Mr. LEE submitted an amendment olution S. Con. Res. 3, supra; which was or- congressional budget for the United intended to be proposed by him to the con- dered to lie on the table. States Government for fiscal year 2017 current resolution S. Con. Res. 3, supra; SA 188. Mr. WYDEN submitted an amend- which was ordered to lie on the table. ment intended to be proposed by him to the and setting forth the appropriate budg- SA 167. Mr. HELLER submitted an amend- concurrent resolution S. Con. Res. 3, supra. etary levels for fiscal years 2018 ment intended to be proposed by him to the SA 189. Ms. WARREN submitted an amend- through 2026; which was ordered to lie concurrent resolution S. Con. Res. 3, supra. ment intended to be proposed by her to the on the table; as follows:

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.044 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S283 At the end of title III, add the following: the Houses, motions, or conference reports PER, Mr. BOOKER, Ms. HASSAN, and Ms. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND relating to the response by States to illicit HIRONO) submitted an amendment in- RELATING TO SECURITY FOR MED- fentanyl and other synthetic opioids, includ- tended to be proposed by her to the ICAL DEVICES. ing the treatment of individuals harmed by concurrent resolution S. Con. Res. 3, The Chairman of the Committee on the fentanyl and other synthetic opioids, and the Budget of the Senate may revise the alloca- efforts of the United States Government to setting forth the congressional budget tions of a committee or committees, aggre- detect and interdict illicit fentanyl and for the United States Government for gates, and other appropriate levels in this other synthetic opioids being trafficked into fiscal year 2017 and setting forth the resolution for one or more bills, joint resolu- the United States, by the amounts provided appropriate budgetary levels for fiscal tions, amendments, amendments between in such legislation for those purposes, pro- years 2018 through 2026; which was or- the Houses, motions, or conference reports vided that such legislation would not in- dered to lie on the table; as follows: crease the deficit over either the period of relating to consultation of the Food and At the end of title IV, add the following: Drug Administration with the National In- the total of fiscal years 2017 through 2021 or the period of the total of fiscal years 2017 SEC. 4ll. POINT OF ORDER AGAINST WEAK- stitute of Standards and Technology to ENING OR ELIMINATING THE SMALL evaluate and consider the cybersecurity of through 2026. EMPLOYER HEALTH INSURANCE any network-connected medical device as CREDIT AND ENSURING THAT IN- part of the process of clearing or approving SA 116. Mr. DONNELLY (for himself, SURERS DO NOT DISCRIMINATE such a medical device by the amounts pro- Ms. KLOBUCHAR, Mrs. SHAHEEN, and Mr. AGAINST SMALL GROUPS. vided in such legislation for those purposes, CASEY) submitted an amendment in- (a) POINT OF ORDER.—It shall not be in provided that such legislation would not in- tended to be proposed by him to the order in the Senate to consider any bill, crease the deficit over either the period of concurrent resolution S. Con. Res. 3, joint resolution, motion, amendment, the total of fiscal years 2017 through 2021 or setting forth the congressional budget amendment between the Houses, or con- the period of the total of fiscal years 2017 for the United States Government for ference report that— through 2026. (1) weakens or eliminates the tax credit to fiscal year 2017 and setting forth the help small businesses purchase health insur- SA 114. Mr. WYDEN (for himself, Mr. appropriate budgetary levels for fiscal ance under section 45R of the Internal Rev- years 2018 through 2026; which was or- VAN HOLLEN, Mr. UDALL, Mr. CARPER, enue Code of 1986; dered to lie on the table; as follows: (2) inhibits the ability of entrepreneurs to Ms. HIRONO, Mr. WHITEHOUSE, Mr. At the end of title III, add the following: purchase affordable health coverage through BLUMENTHAL, Mr. LEAHY, Mr. KAINE, SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND the individual marketplace; or ARNER ARDIN Mr. W , and Mr. C ) sub- RELATING TO REPEAL OF MEDICAL (3) employs discriminatory rating rules mitted an amendment intended to be DEVICE TAX. that prohibit small businesses from pro- proposed by him to the concurrent res- The Chairman of the Committee on the viding affordable, comprehensive benefits to olution S. Con. Res. 3, setting forth the Budget of the Senate may revise the alloca- their employees. congressional budget for the United tions of a committee or committees, aggre- (b) WAIVER AND APPEAL.—Subsection (a) States Government for fiscal year 2017 gates, and other appropriate levels in this may be waived or suspended in the Senate resolution for one or more bills, joint resolu- and setting forth the appropriate budg- only by an affirmative vote of three-fifths of tions, amendments, amendments between the Members, duly chosen and sworn. An af- etary levels for fiscal years 2018 the Houses, motions, or conference reports firmative vote of three-fifths of the Members through 2026; which was ordered to lie relating to innovation, high quality manu- of the Senate, duly chosen and sworn, shall on the table; as follows: facturing jobs, and economic growth, includ- be required to sustain an appeal of the ruling At the end of title IV, add the following: ing the repeal of the excise tax on manufac- of the Chair on a point of order raised under SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- turers, producers, and importers of medical subsection (a). TION THAT SLASHES THE COM- devices, by the amounts provided in such leg- PENSATION OF INDIVIDUAL FED- islation for those purposes, provided that SA 119. Mr. CASEY (for himself and ERAL EMPLOYEES. such legislation would not increase the def- Mr. HEINRICH) submitted an amend- (a) POINT OF ORDER.—It shall not be in icit over either the period of the total of fis- ment intended to be proposed by him order in the Senate to consider any bill, cal years 2017 through 2021 or the period of to the concurrent resolution S. Con. joint resolution, motion, amendment, the total of fiscal years 2017 through 2026. Res. 3, setting forth the congressional amendment between the Houses, or con- budget for the United States Govern- ference report that directly reduces the com- SA 117. Mr. SANDERS submitted an pensation of 1 or more individual Federal amendment intended to be proposed by ment for fiscal year 2017 and setting employees. him to the concurrent resolution S. forth the appropriate budgetary levels (b) WAIVER AND APPEAL.—Subsection (a) Con. Res. 3, setting forth the congres- for fiscal years 2018 through 2026; which may be waived or suspended in the Senate sional budget for the United States was ordered to lie on the table; as fol- only by an affirmative vote of three-fifths of Government for fiscal year 2017 and lows: the Members, duly chosen and sworn. An af- setting forth the appropriate budgetary At the end of title III, add the following: firmative vote of three-fifths of the Members levels for fiscal years 2018 through 2026; SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND of the Senate, duly chosen and sworn, shall which was ordered to lie on the table; RELATING TO PROTECTING RURAL be required to sustain an appeal of the ruling HOSPITALS THAT LOST REVENUE of the Chair on a point of order raised under as follows: AND SAW AN INCREASE IN UNIN- subsection (a). At the end of title III, add the following: SURED PATIENTS AS A RESULT OF SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND REPEALING THE MEDICAID EXPAN- SA 115. Mr. MARKEY (for himself, RELATING TO ENSURING THAT SION AND THE EXCHANGES. HEALTH CARE IS A RIGHT FOR ALL The Chairman of the Committee on the Mr. DURBIN, Mr. KING, Mr. MANCHIN, AMERICANS. Budget of the Senate may revise the alloca- and Mr. BROWN) submitted an amend- The Chairman of the Committee on the tions of a committee or committees, aggre- ment intended to be proposed by him Budget of the Senate may revise the alloca- gates, and other appropriate levels in this to the concurrent resolution S. Con. tions of a committee or committees, aggre- resolution for one or more bills, joint resolu- Res. 3, setting forth the congressional gates, and other appropriate levels in this tions, amendments, amendments between budget for the United States Govern- resolution for one or more bills, joint resolu- the Houses, motions, or conference reports ment for fiscal year 2017 and setting tions, amendments, amendments between relating to protecting rural hospitals that forth the appropriate budgetary levels the Houses, motions, or conference reports lost revenue and saw an increase in the num- relating to ensuring that health care is a ber of uninsured patients due to the repeal of for fiscal years 2018 through 2026; which right of all Americans, not a privilege de- the Medicaid expansion and the Exchanges was ordered to lie on the table; as fol- pendent on where you live, what job you under the Patient Protection and Affordable lows: have, or how much money you make, which Care Act (Public Law 111–148) to ensure that At the end of title III, add the following: shall include a Medicare for All plan to cover amounts equal to amounts provided under SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND everyone in the United States by the such Act continue to be provided to such fa- RELATING TO THE RESPONSE TO IL- amounts provided in such legislation for cilities by the amounts provided in such leg- LICIT FENTANYL INTO THE UNITED those purposes, provided that such legisla- islation for those purposes, provided that STATES. tion would not increase the deficit over ei- such legislation would not increase the def- The Chairman of the Committee on the ther the period of the total of fiscal years icit over either the period of the total of fis- Budget of the Senate may revise the alloca- 2017 through 2021 or the period of the total of cal years 2017 through 2021 or the period of tions of a committee or committees, aggre- fiscal years 2017 through 2026. the total of fiscal years 2017 through 2026. gates, and other appropriate levels in this resolution for one or more bills, joint resolu- SA 118. Mrs. SHAHEEN (for herself, SA 120. Mr. MERKLEY submitted an tions, amendments, amendments between Mr. COONS, Mr. VAN HOLLEN, Mr. CAR- amendment intended to be proposed by

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.047 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S284 CONGRESSIONAL RECORD — SENATE January 11, 2017 him to the concurrent resolution S. Government for fiscal year 2017 and resolution reported pursuant to section 2001 Con. Res. 3, setting forth the congres- setting forth the appropriate budgetary or 2002, or an amendment to, motion on, con- sional budget for the United States levels for fiscal years 2018 through 2026; ference report on, or amendment between Government for fiscal year 2017 and which was ordered to lie on the table; the Houses in relation to such a bill or joint resolution, that increases taxes for individ- setting forth the appropriate budgetary as follows: uals within the bottom 60 percent for annual levels for fiscal years 2018 through 2026; At the end of title IV, add the following: income while reducing taxes for individuals which was ordered to lie on the table; SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- within the top 1 percent for annual income. as follows: TION THAT IMPACTS THE ABILITY (b) WAIVER AND APPEAL.—Subsection (a) At the end of title IV, add the following: OF A YOUNG PERSON FROM STAY- may be waived or suspended in the Senate ING ON THEIR PARENTS’ HEALTH IN- only by an affirmative vote of three-fifths of SEC. 4ll. POINT OF ORDER AGAINST A BUDGET SURANCE PLAN. RECONCILIATION MEASURE THAT the Members, duly chosen and sworn. An af- (a) POINT OF ORDER.—It shall not be in FAILS TO INCLUDE A NON- firmative vote of three-fifths of the Members DISCRIMINATION PROVISION. order in the Senate to consider any bill, of the Senate, duly chosen and sworn, shall (a) POINT OF ORDER.—It shall not be in joint resolution, motion, amendment, be required to sustain an appeal of the ruling order in the Senate to consider a bill or joint amendment between the Houses, or con- of the Chair on a point of order raised under resolution reported pursuant to section 2001 ference report that would repeal or reduce subsection (a). or 2002, or an amendment to, motion on, con- premium assistance tax credits for individ- ference report on, or amendment between uals between the ages of 18 and 26, or prevent SA 125. Mr. MERKLEY submitted an the Houses in relation to, such a bill or joint them from staying on their parents’ health amendment intended to be proposed by insurance plan. resolution, if the bill or joint resolution fails him to the concurrent resolution S. to include a provision referred to in sub- (b) WAIVER AND APPEAL.—Subsection (a) may be waived or suspended in the Senate Con. Res. 3, setting forth the congres- section (b). sional budget for the United States (b) NONDISCRIMINATION PROVISION.—The only by an affirmative vote of three-fifths of provision referred to in subsection (a) is a the Members, duly chosen and sworn. An af- Government for fiscal year 2017 and provision that forbids discrimination on the firmative vote of three-fifths of the Members setting forth the appropriate budgetary basis of race, color, religion, sex, sexual ori- of the Senate, duly chosen and sworn, shall levels for fiscal years 2018 through 2026; entation, gender identity, national origin, be required to sustain an appeal of the ruling which was ordered to lie on the table; age, or disability in employment for, con- of the Chair on a point of order raised under as follows: subsection (a). tracting for, or provision of, the programs At the end of title IV, add the following: and activities covered by the bill or joint ll resolution. SA 123. Mr. MERKLEY submitted an SEC. 4 . POINT OF ORDER AGAINST LEGISLA- amendment intended to be proposed by TION THAT FAILS TO PROTECT INDI- (c) WAIVER AND APPEAL.—Subsection (a) VIDUALS WITH PRE-EXISTING CON- may be waived or suspended in the Senate him to the concurrent resolution S. DITIONS. only by an affirmative vote of three-fifths of Con. Res. 3, setting forth the congres- (a) POINT OF ORDER.—It shall not be in the Members, duly chosen and sworn. An af- sional budget for the United States order in the Senate to consider a bill or joint firmative vote of three-fifths of the Members Government for fiscal year 2017 and resolution reported pursuant to section 2001 of the Senate, duly chosen and sworn, shall setting forth the appropriate budgetary or section 2002, or an amendment to, motion be required to sustain an appeal of the ruling on, conference report on, or amendment be- of the Chair on a point of order raised under levels for fiscal years 2018 through 2026; which was ordered to lie on the table; tween the Houses in relation to such a bill or subsection (a). joint resolution, that would repeal or reduce as follows: premium assistance tax credits for individ- SA 121. Mr. MERKLEY submitted an At the end of title IV, add the following: uals with pre-existing conditions, such as amendment intended to be proposed by SEC. 4ll. POINT OF ORDER AGAINST REDUCING cancer, heart disease, diabetes, or old inju- him to the concurrent resolution S. HEALTH INSURANCE ASSISTANCE ries, or prevent these individuals from re- Con. Res. 3, setting forth the congres- FOR CHILDREN WITH CANCER. ceiving the insurance coverage afforded to sional budget for the United States (a) POINT OF ORDER.—It shall not be in them under the Patient Protection and Af- Government for fiscal year 2017 and order in the Senate to consider a bill or joint fordable Care Act (Public Law 111-148). resolution reported pursuant to section 2001 setting forth the appropriate budgetary (b) WAIVER AND APPEAL.—Subsection (a) or 2002, or an amendment to, motion on, con- may be waived or suspended in the Senate levels for fiscal years 2018 through 2026; ference report on, or amendment between only by an affirmative vote of three-fifths of which was ordered to lie on the table; the Houses in relation to such a bill or joint the Members, duly chosen and sworn. An af- as follows: resolution, that reduces health insurance as- firmative vote of three-fifths of the Members At the end of title IV, add the following: sistance, including by reducing or elimi- of the Senate, duly chosen and sworn, shall SEC. 4ll. POINT OF ORDER AGAINST REDUCING nating the premium assistance credit under be required to sustain an appeal of the ruling FUNDING THAT WOULD HELP STATE section 36B of the Internal Revenue Code of of the Chair on a point of order raised under OR LOCAL HEALTH DEPARTMENTS 1986 for children diagnosed with cancer with- subsection (a). BATTLE THE ZIKA VIRUS. out any equivalent substitute or replace- (a) POINT OF ORDER.—It shall not be in ment. SA 126. Mr. COONS (for himself, Mr. order in the Senate to consider a bill or joint (b) WAIVER AND APPEAL.—Subsection (a) BROWN, Ms. BALDWIN, Mr. KING, Mr. resolution reported pursuant to section 2001 may be waived or suspended in the Senate VAN HOLLEN, Ms. WARREN, and Mrs. or section 2002, or an amendment to, motion only by an affirmative vote of three-fifths of GILLIBRAND) submitted an amendment on, conference report on, or amendment be- the Members, duly chosen and sworn. An af- tween the Houses in relation to such a bill or firmative vote of three-fifths of the Members intended to be proposed by him to the joint resolution, that would reduce funding, of the Senate, duly chosen and sworn, shall concurrent resolution S. Con. Res. 3, provided by the Prevention and Public be required to sustain an appeal of the ruling setting forth the congressional budget Health Fund, established under section 4002 of the Chair on a point of order raised under for the United States Government for of the Patient Protection and Affordable subsection (a). fiscal year 2017 and setting forth the Care Act (42 U.S.C. 300u–11), to the Epidemi- appropriate budgetary levels for fiscal ology and Laboratory Capacity Program SA 124. Mr. MERKLEY submitted an years 2018 through 2026; as follows: that would help State or local health depart- amendment intended to be proposed by At the end of title IV, add the following: ments battle the Zika virus. him to the concurrent resolution S. (b) WAIVER AND APPEAL.—Subsection (a) SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- may be waived or suspended in the Senate Con. Res. 3, setting forth the congres- TION THAT WOULD PERMIT LIFE- only by an affirmative vote of three-fifths of sional budget for the United States TIME LIMITS ON HEALTH CARE COV- ERAGE. the Members, duly chosen and sworn. An af- Government for fiscal year 2017 and (a) POINT OF ORDER.—It shall not be in firmative vote of three-fifths of the Members setting forth the appropriate budgetary order in the Senate to consider any bill, of the Senate, duly chosen and sworn, shall levels for fiscal years 2018 through 2026; joint resolution, motion, amendment, be required to sustain an appeal of the ruling which was ordered to lie on the table; amendment between the Houses, or con- of the Chair on a point of order raised under as follows: ference report that would permit lifetime subsection (a). At the end of title IV, add the following: limits on health care coverage. Mr. MERKLEY submitted an SEC. 4ll. POINT OF ORDER AGAINST INCREAS- (b) WAIVER AND APPEAL.—Subsection (a) SA 122. may be waived or suspended in the Senate amendment intended to be proposed by ING TAXES ON LOWER INCOME AMERICANS WHILE REDUCING only by an affirmative vote of three-fifths of him to the concurrent resolution S. TAXES FOR THE TOP 1 PERCENT. the Members, duly chosen and sworn. An af- Con. Res. 3, setting forth the congres- (a) POINT OF ORDER.—It shall not be in firmative vote of three-fifths of the Members sional budget for the United States order in the Senate to consider a bill or joint of the Senate, duly chosen and sworn, shall

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.055 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S285 be required to sustain an appeal of the ruling levels for fiscal years 2018 through 2026; joint resolution, motion, amendment, of the Chair on a point of order raised under which was ordered to lie on the table; amendment between the Houses, or con- subsection (a). as follows: ference report that reduces the life of the Medicare program for current and future At the end of title III, add the following: SA 127. Ms. WARREN submitted an beneficiaries by including a provision that SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND reduces revenue to the Medicare Federal amendment intended to be proposed by RELATING TO SUPPORTING EF- her to the concurrent resolution S. FORTS TO PROMOTE CLINICAL Hospital Insurance Trust Fund. Con. Res. 3, setting forth the congres- TRIAL DATA SHARING THAT SUP- (b) WAIVER AND APPEAL.—Subsection (a) may be waived or suspended in the Senate sional budget for the United States PORTS MEDICAL RESEARCH AND IN- NOVATION. only by an affirmative vote of three-fifths of Government for fiscal year 2017 and The Chairman of the Committee on the the Members, duly chosen and sworn. An af- setting forth the appropriate budgetary Budget of the Senate may revise the alloca- firmative vote of three-fifths of the Members levels for fiscal years 2018 through 2026; tions of a committee or committees, aggre- of the Senate, duly chosen and sworn, shall which was ordered to lie on the table; gates, and other appropriate levels in this be required to sustain an appeal of the ruling as follows: resolution for one or more bills, joint resolu- of the Chair on a point of order raised under tions, amendments, amendments between At the end of title III, add the following: subsection (a). the Houses, motions, or conference reports SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND relating to supporting efforts to promote TION THAT CUTS FUNDING TO RELATING TO SUPPORTING EF- clinical trial data sharing that supports STATES AVAILABLE UNDER CUR- FORTS OF THE FOOD AND DRUG AD- RENT LAW TO PROVIDE COM- MINISTRATION WITH RESPECT TO medical research and innovation by the PREHENSIVE, AFFORDABLE HEALTH ACCESS TO OVER-THE-COUNTER amounts provided in such legislation for CARE TO LOW-INCOME AMERICANS. HEARING AIDS FOR INDIVIDUALS those purposes, provided that such legisla- WITH PERCEIVED MILD TO MOD- tion would not increase the deficit over ei- (a) POINT OF ORDER.—It shall not be in ERATE HEARING LOSS. ther the period of the total of fiscal years order in the Senate to consider any bill, The Chairman of the Committee on the 2017 through 2021 or the period of the total of joint resolution, motion, amendment, Budget of the Senate may revise the alloca- fiscal years 2017 through 2026. amendment between the Houses, or con- tions of a committee or committees, aggre- ference report that cuts funding to States gates, and other appropriate levels in this SA 130. Ms. WARREN submitted an available under current law to provide com- resolution for one or more bills, joint resolu- amendment intended to be proposed by prehensive, affordable health care to low-in- tions, amendments, amendments between her to the concurrent resolution S. come Americans, including those struggling the Houses, motions, or conference reports with opioid addiction and mental health con- Con. Res. 3, setting forth the congres- ditions and those in need of nursing home relating to supporting efforts of the Food sional budget for the United States and Drug Administration with respect to ac- care, by repealing the Medicaid expansion or cess to over-the-counter hearing aids for in- Government for fiscal year 2017 and otherwise reducing Federal financial assist- dividuals with perceived mild to moderate setting forth the appropriate budgetary ance to States available under the Medicaid hearing loss by the amounts provided in such levels for fiscal years 2018 through 2026; program. legislation for those purposes, provided that which was ordered to lie on the table; (b) WAIVER AND APPEAL.—Subsection (a) such legislation would not increase the def- as follows: may be waived or suspended in the Senate only by an affirmative vote of three-fifths of icit over either the period of the total of fis- At the end of title IV, add the following: cal years 2017 through 2021 or the period of the Members, duly chosen and sworn. An af- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- firmative vote of three-fifths of the Members the total of fiscal years 2017 through 2026. TION THAT WOULD OBSTRUCT NA- TIONAL INSTITUTES OF HEALTH, of the Senate, duly chosen and sworn, shall SA 128. Ms. WARREN submitted an FOOD AND DRUG ADMINISTRATION, be required to sustain an appeal of the ruling amendment intended to be proposed by AND OPIOID PROGRAM FUNDING of the Chair on a point of order raised under PROMISED UNDER THE 21ST CEN- subsection (a). her to the concurrent resolution S. TURY CURES ACT. Con. Res. 3, setting forth the congres- (a) POINT OF ORDER.—It shall not be in SA 132. Mr. FRANKEN (for himself, sional budget for the United States order in the Senate to consider any bill, Mr. VAN HOLLEN, and Mr. BROWN) sub- Government for fiscal year 2017 and joint resolution, motion, amendment, mitted an amendment intended to be setting forth the appropriate budgetary amendment between the Houses, or con- proposed by him to the concurrent res- ference report that would cause amounts au- levels for fiscal years 2018 through 2026; olution S. Con. Res. 3, setting forth the which was ordered to lie on the table; thorized to be appropriated from the NIH In- novation Account, the FDA Innovation Ac- congressional budget for the United as follows: count, or the Account For the State Re- States Government for fiscal year 2017 At the end of title III, add the following: sponse to the Opioid Abuse Crisis under the and setting forth the appropriate budg- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND 21st Century Cures Act (Public Law 114–255) etary levels for fiscal years 2018 RELATING TO SUPPORTING EF- not to be appropriated in the full amounts through 2026; which was ordered to lie FORTS OF THE FOOD AND DRUG AD- set forth in such Act. on the table; as follows: MINISTRATION TO IMPROVE (b) WAIVER AND APPEAL.—Subsection (a) POSTMARKET DEVICE SURVEIL- may be waived or suspended in the Senate At the end of title IV, add the following: LANCE AND TO INCLUDE DEVICE only by an affirmative vote of three-fifths of SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- IDENTIFIER INFORMATION IN MED- TION THAT WOULD DRIVE UP ICAL CLAIMS FORMS. the Members, duly chosen and sworn. An af- firmative vote of three-fifths of the Members HEALTH INSURANCE COMPANY The Chairman of the Committee on the PROFITS. of the Senate, duly chosen and sworn, shall Budget of the Senate may revise the alloca- (a) POINT OF ORDER.—It shall not be in be required to sustain an appeal of the ruling tions of a committee or committees, aggre- order in the Senate to consider any bill, of the Chair on a point of order raised under gates, and other appropriate levels in this joint resolution, motion, amendment, subsection (a). resolution for one or more bills, joint resolu- amendment between the Houses, or con- tions, amendments, amendments between SA 131. Mr. WYDEN (for himself, Mr. ference report that would enable commercial the Houses, motions, or conference reports health insurers to use less than 80 percent of MARKEY, Mr. CARDIN, Mr. VAN HOLLEN, relating to supporting efforts of the Food premium income to pay for claims and qual- and Drug Administration to improve Ms. WARREN, Ms. STABENOW, and Mr. ity improvement measures. postmarket device surveillance and to in- REED) submitted an amendment in- (b) WAIVER AND APPEAL.—Subsection (a) clude device identifier information in med- tended to be proposed by him to the may be waived or suspended in the Senate ical claims forms by the amounts provided in concurrent resolution S. Con. Res. 3, only by an affirmative vote of three-fifths of such legislation for those purposes, provided setting forth the congressional budget the Members, duly chosen and sworn. An af- that such legislation would not increase the for the United States Government for firmative vote of three-fifths of the Members deficit over either the period of the total of of the Senate, duly chosen and sworn, shall fiscal years 2017 through 2021 or the period of fiscal year 2017 and setting forth the appropriate budgetary levels for fiscal be required to sustain an appeal of the ruling the total of fiscal years 2017 through 2026. of the Chair on a point of order raised under years 2018 through 2026; which was or- subsection (a). SA 129. Ms. WARREN submitted an dered to lie on the table; as follows: amendment intended to be proposed by At the end of title IV, add the following: SA 133. Mr. WYDEN submitted an her to the concurrent resolution S. SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- amendment intended to be proposed by Con. Res. 3, setting forth the congres- TION THAT REDUCES THE LIFE OF him to the concurrent resolution S. THE MEDICARE PROGRAM FOR CUR- sional budget for the United States RENT AND FUTURE BENEFICIARIES. Con. Res. 3, setting forth the congres- Government for fiscal year 2017 and (a) POINT OF ORDER.—It shall not be in sional budget for the United States setting forth the appropriate budgetary order in the Senate to consider any bill, Government for fiscal year 2017 and

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.049 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S286 CONGRESSIONAL RECORD — SENATE January 11, 2017 setting forth the appropriate budgetary SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND SA 137. Mr. REED (for himself, Mr. RELATING TO CLOSING THE CAR- levels for fiscal years 2018 through 2026; BLUMENTHAL, Mr. VAN HOLLEN, and Ms. RIED INTEREST LOOPHOLE. which was ordered to lie on the table; The Chairman of the Committee on the WARREN) submitted an amendment in- as follows: Budget of the Senate may revise the alloca- tended to be proposed by him to the At the end of title III, add the following: tions of a committee or committees, aggre- concurrent resolution S. Con. Res. 3, setting forth the congressional budget SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND gates, and other appropriate levels in this RELATING TO A CONGRESSIONAL resolution for one or more bills, joint resolu- for the United States Government for TRADE NEGOTIATING OBJECTIVE TO tions, amendments, amendments between fiscal year 2017 and setting forth the ELIMINATE BINATIONAL REVIEW OF the Houses, motions, or conference reports appropriate budgetary levels for fiscal TRADE REMEDY DETERMINATIONS relating to the taxation of income from in- IN ANY RENEGOTIATION OF THE years 2018 through 2026; which was or- vestment partnerships (known as carried in- dered to lie on the table; as follows: NORTH AMERICAN FREE TRADE terest), which may include legislation that AGREEMENT. allows for the taxing as ordinary income of a At the end of title IV, add the following: The Chairman of the Committee on the partner’s share of income on an investment SEC. 4ll. POINT OF ORDER AGAINST CUTTING Budget of the Senate may revise the alloca- services partnership interest, by the LONG-TERM SERVICES AND SUP- PORTS FOR SENIORS. tions of a committee or committees, aggre- amounts provided in such legislation for (a) POINT OF ORDER.—It shall not be in gates, and other appropriate levels in this those purposes, provided that such legisla- resolution for one or more bills, joint resolu- order in the Senate to consider any bill, tion would not increase the deficit over ei- joint resolution, motion, amendment, tions, amendments, amendments between ther the period of the total of fiscal years the Houses, motions, or conference reports amendment between the Houses, or con- 2017 through 2021 or the period of the total of ference report that would cut long term serv- relating to a congressional trade negotiating fiscal years 2017 through 2026. objective to eliminate binational panel and ices and supports for seniors, including nurs- ing home care and home and community- committee review of final antidumping and SA 136. Mr. CARDIN (for himself, Ms. countervailing duty determinations in any based care, under the Medicaid program renegotiation of the North American Free HIRONO, Mr. BOOKER, Mr. BROWN, Mr. under title XIX of the Social Security Act Trade Agreement by the amounts provided CARPER, Mr. VAN HOLLEN, and Ms. (42 U.S.C. 1396 et seq.) by reducing Federal in such legislation for those purposes, pro- WARREN) submitted an amendment in- funding of State Medicaid programs, includ- vided that such legislation would not in- tended to be proposed by him to the ing by instituting a block grant model for crease the deficit over either the period of concurrent resolution S. Con. Res. 3, Federal funding of State Medicaid programs the total of fiscal years 2017 through 2021 or or imposing per capita caps on Federal fund- setting forth the congressional budget ing of State Medicaid programs. the period of the total of fiscal years 2017 for the United States Government for (b) WAIVER AND APPEAL.—Subsection (a) through 2026. fiscal year 2017 and setting forth the may be waived or suspended in the Senate appropriate budgetary levels for fiscal only by an affirmative vote of three-fifths of SA 134. Mr. SANDERS (for himself, years 2018 through 2026; which was or- the Members, duly chosen and sworn. An af- Ms. STABENOW, and Mr. FRANKEN) sub- dered to lie on the table; as follows: firmative vote of three-fifths of the Members mitted an amendment intended to be of the Senate, duly chosen and sworn, shall proposed by him to the concurrent res- At the end of title IV, add the following: be required to sustain an appeal of the ruling olution S. Con. Res. 3, setting forth the SEC. 4ll. POINT OF ORDER AGAINST REDUCING of the Chair on a point of order raised under ACCESS TO, OR AFFORDABILITY OF, subsection (a). congressional budget for the United HEALTH CARE SERVICES FOR MI- States Government for fiscal year 2017 NORITIES AND OTHER POPU- SA 138. Mr. HELLER submitted an and setting forth the appropriate budg- LATIONS THAT HAVE BEEN HISTORI- CALLY SUBJECT TO DISCRIMINA- amendment intended to be proposed by etary levels for fiscal years 2018 TION. him to the concurrent resolution S. through 2026; which was ordered to lie (a) POINT OF ORDER.—It shall not be in Con. Res. 3, setting forth the congres- on the table; as follows: order in the Senate to consider any bill, sional budget for the United States At the end of title III, add the following: joint resolution, motion, amendment, Government for fiscal year 2017 and SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND amendment between the Houses, or con- setting forth the appropriate budgetary RELATING TO LOWERING PRESCRIP- ference report that, as determined by the Di- levels for fiscal years 2018 through 2026; TION DRUG PRICES FOR AMERICANS rector of the Congressional Budget Office, which was ordered to lie on the table; BY IMPORTING DRUGS FROM CAN- would reduce access to, or affordability of, ADA AND OTHER COUNTRIES. health care services for minorities and other as follows: The Chairman of the Committee on the populations that have been historically sub- At the end of title III, add the following: Budget of the Senate may revise the alloca- ject to discrimination, including American SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND tions of a committee or committees, aggre- Indians and Alaskan Natives, Asian Ameri- RELATING TO IMPROVING HEALTH cans, African Americans, Latino Americans, CARE QUALITY FOR VETERANS AND gates, and other appropriate levels in this THEIR DEPENDENTS. resolution for one or more bills, joint resolu- and Native Hawaiians or other Pacific Is- The Chairman of the Committee on the tions, amendments, amendments between landers, by reversing the significant gains in Budget of the Senate may revise the alloca- the Houses, motions, or conference reports access to and affordability of health care tions of a committee or committees, aggre- relating to lowering prescription drug prices, services made by the Affordable Care Act, in- gates, and other appropriate levels in this including through the importation of safe cluding— resolution for one or more bills, joint resolu- and affordable prescription drugs by Amer- (1) the expansion of Medicaid coverage to tions, amendments, amendments between ican pharmacists, wholesalers, and individ- low-income Americans with incomes up to the Houses, motions, or conference reports uals with a valid prescription from a pro- 138 percent of the Federal poverty level in relating to improving health care quality for vider licensed to practice in the United the States that have implemented the Med- veterans and their dependents, prohibiting States, by the amounts provided in such leg- icaid expansion, benefitting 51 percent of legislation that forces or mandates veterans islation for those purposes, provided that American Indians and Alaska Natives, 32 or their dependents to be enrolled in govern- such legislation would not increase the def- percent of African Americans, 26 percent of ment-managed health care such as the Pa- icit over either the period of the total of fis- Asian Americans, and 25 percent of Latino tient Protection and Affordable Care Act cal years 2017 through 2021 or the period of Americans; and (Public Law 111–138), and ensuring avail- the total of fiscal years 2017 through 2026. (2) the establishment of financial assist- ability and accessibility of health care ance, including premium tax credits and through the Department of Veterans Affairs, SA 135. Mr. FRANKEN (for himself, cost-sharing reductions, allowing 19 percent by the amounts provided in such legislation of American Indians and Alaska Natives, 23 Ms. WARREN, Mr. WHITEHOUSE, Ms. for those purposes, provided that such legis- percent of African Americans, 18 percent of BALDWIN, and Mr. REED) submitted an lation would not increase the deficit over ei- Asian Americans, and 16 percent of Latino ther the period of the total of fiscal years amendment intended to be proposed by Americans to gain access to essential health him to the concurrent resolution S. 2017 through 2021 or the period of the total of care coverage. fiscal years 2017 through 2026. Con. Res. 3, setting forth the congres- (b) WAIVER AND APPEAL.—Subsection (a) sional budget for the United States may be waived or suspended in the Senate SA 139. Mr. BROWN (for himself and Government for fiscal year 2017 and only by an affirmative vote of three-fifths of Mr. MERKLEY) submitted an amend- setting forth the appropriate budgetary the Members, duly chosen and sworn. An af- ment intended to be proposed by him firmative vote of three-fifths of the Members levels for fiscal years 2018 through 2026; to the concurrent resolution S. Con. which was ordered to lie on the table; of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling Res. 3, setting forth the congressional as follows: of the Chair on a point of order raised under budget for the United States Govern- At the end of title III, add the following: subsection (a). ment for fiscal year 2017 and setting

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.048 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S287 forth the appropriate budgetary levels ferral criteria and policies regarding blood ments to health care providers are now based for fiscal years 2018 through 2026; which donation, by the amounts provided in such on the overall quality of patient care and was ordered to lie on the table; as fol- legislation for those purposes, provided that health outcomes achieved by such providers. lows: such legislation would not increase the def- (b) POINT OF ORDER.—It shall not be in icit over either the period of the total of fis- order in the Senate to consider any bill, At the end of title III, add the following: cal years 2017 through 2021 or the period of joint resolution, motion, amendment, SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND the total of fiscal years 2017 through 2026. amendment between the Houses, or con- RELATING TO DEBT INCURRED ference report that would change the Medi- FROM HEALTH CARE EXPENSES. SA 142. Ms. WARREN (for herself and care program, the Medicaid program, or the The Chairman of the Committee on the Mr. CASEY) submitted an amendment number of Americans enrolled in private Budget of the Senate may revise the alloca- health insurance coverage, in a manner that tions of a committee or committees, aggre- intended to be proposed by her to the would result in reduced revenue to hospitals, gates, and other appropriate levels in this concurrent resolution S. Con. Res. 3, health care centers, and physicians and resolution for one or more bills, joint resolu- setting forth the congressional budget other health care providers, thereby reduc- tions, amendments, amendments between for the United States Government for ing their investments in health care delivery the Houses, motions, or conference reports fiscal year 2017 and setting forth the system reforms that improve patient health relating to additional financial protections appropriate budgetary levels for fiscal outcomes and reduce costs. for consumers from the effects of any years 2018 through 2026; which was or- (c) WAIVER AND APPEAL.—Subsection (b) changes to the Patient Protection and Af- dered to lie on the table; as follows: may be waived or suspended in the Senate fordable Care Act, the Medicare program, only by an affirmative vote of three-fifths of the Medicaid program, or the Children’s At the end of title III, add the following: the Members, duly chosen and sworn. An af- Health Insurance Program that result in in- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND firmative vote of three-fifths of the Members creases in the costs of health care and in RELATING TO PROVIDING FUNDING of the Senate, duly chosen and sworn, shall health care-related debts on consumer credit TO NIH AND FDA TO SUPPORT BIO- MEDICAL INNOVATION RESEARCH. be required to sustain an appeal of the ruling reports, by the amounts provided in such leg- The Chairman of the Committee on the of the Chair on a point of order raised under islation for those purposes, provided that Budget of the Senate may revise the alloca- subsection (b). such legislation would not increase the def- tions of a committee or committees, aggre- icit over either the period of the total of fis- gates, and other appropriate levels in this cal years 2017 through 2021 or the period of SA 144. Ms. KLOBUCHAR (for herself resolution for one or more bills, joint resolu- the total of fiscal years 2017 through 2026. and Ms. WARREN) submitted an amend- tions, amendments, amendments between ment intended to be proposed by her to SA 140. Ms. WARREN submitted an the Houses, motions, or conference reports the concurrent resolution S. Con. Res. relating to establishing a Biomedical Inno- amendment intended to be proposed by vation Fund that will support $5,000,000,000 in 3, setting forth the congressional budg- her to the concurrent resolution S. annual supplementary funds to the National et for the United States Government Con. Res. 3, setting forth the congres- Institutes of Health and the Food and Drug for fiscal year 2017 and setting forth sional budget for the United States Administration to support biomedical inno- the appropriate budgetary levels for Government for fiscal year 2017 and vation research by the amounts provided in fiscal years 2018 through 2026; which setting forth the appropriate budgetary such legislation for those purposes, provided was ordered to lie on the table; as fol- levels for fiscal years 2018 through 2026; that such legislation would not increase the lows: which was ordered to lie on the table; deficit over either the period of the total of fiscal years 2017 through 2021 or the period of At the end of title IV, add the following: as follows: the total of fiscal years 2017 through 2026. SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- At the end of title IV, add the following: TION THAT WOULD RESTRICT SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- SA 143. Ms. CANTWELL (for herself, TRANSPARENCY IN THE RELATION- SHIP BETWEEN PHYSICIANS AND TION THAT FAILS TO PROTECT Mr. CARPER, Mr. BENNET, Mrs. SHA- HEALTH CARE CONSUMERS. MANUFACTURERS OF DRUGS, DE- HEEN, Mr. MURPHY, Ms. WARREN, Mr. VICES, BIOLOGICAL PRODUCTS, OR (a) POINT OF ORDER.—It shall not be in KING, Mr. VAN HOLLEN, Ms. KLOBUCHAR, MEDICAL SUPPLIES, INCLUDING order in the Senate to consider any bill, THROUGH REPEAL OF THE PHYSI- joint resolution, motion, amendment, Mr. WHITEHOUSE, Mr. WARNER, and Ms. CIAN PAYMENTS SUNSHINE ACT amendment between the Houses, or con- DUCKWORTH) submitted an amendment PROVIDED UNDER THE PATIENT ference report that increases health insur- intended to be proposed by her to the PROTECTION AND AFFORDABLE ance premiums, reduces cost-sharing sub- concurrent resolution S. Con. Res. 3, CARE ACT. sidies, increases deductibles, or reduces net- setting forth the congressional budget (a) POINT OF ORDER.—It shall not be in work adequacy. for the United States Government for order in the Senate to consider any bill, (b) WAIVER AND APPEAL.—Subsection (a) joint resolution, motion, amendment, may be waived or suspended in the Senate fiscal year 2017 and setting forth the amendment between the Houses, or con- only by an affirmative vote of three-fifths of appropriate budgetary levels for fiscal ference report that would restrict trans- the Members, duly chosen and sworn. An af- years 2018 through 2026; as follows: parency in the relationship between physi- firmative vote of three-fifths of the Members At the end of title IV, add the following: cians and manufacturers of drugs, devices, of the Senate, duly chosen and sworn, shall SEC. 4ll. POINT OF ORDER AGAINST ANY biological products, or medical supplies, in- be required to sustain an appeal of the ruling CHANGES TO THE MEDICARE PRO- cluding through repeal of the Physician Pay- of the Chair on a point of order raised under GRAM, THE MEDICAID PROGRAM, OR ments Sunshine Act provided under section subsection (a). THE NUMBER OF AMERICANS EN- 6002 of the Patient Protection and Affordable ROLLED IN PRIVATE HEALTH INSUR- Care Act. ANCE COVERAGE, IN A MANNER Ms. WARREN (for herself, (b) WAIVER AND APPEAL.—Subsection (a) SA 141. THAT WOULD RESULT IN REDUCED Ms. BALDWIN, and Mrs. MURRAY) sub- REVENUE TO HOSPITALS, HEALTH may be waived or suspended in the Senate mitted an amendment intended to be CARE CENTERS, AND PHYSICIANS only by an affirmative vote of three-fifths of proposed by her to the concurrent reso- AND OTHER HEALTH CARE PRO- the Members, duly chosen and sworn. An af- lution S. Con. Res. 3, setting forth the VIDERS, THEREBY REDUCING THEIR firmative vote of three-fifths of the Members INVESTMENTS IN HEALTH CARE DE- of the Senate, duly chosen and sworn, shall congressional budget for the United LIVERY SYSTEM REFORMS THAT IM- be required to sustain an appeal of the ruling States Government for fiscal year 2017 PROVE PATIENT HEALTH OUT- of the Chair on a point of order raised under COMES AND REDUCE COSTS. and setting forth the appropriate budg- subsection (a). etary levels for fiscal years 2018 (a) FINDINGS.—The Senate finds the fol- lowing: through 2026; which was ordered to lie (1) The Affordable Care Act is moving the SA 145. Mr. MURPHY submitted an on the table; as follows: health care system of the United States from amendment intended to be proposed by At the end of title III, add the following: a fee-for-service system that frequently him to the concurrent resolution S. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND incentivizes the overutilization of health Con. Res. 3, setting forth the congres- RELATING TO BLOOD DONATIONS. care services and wasteful health care spend- sional budget for the United States The Chairman of the Committee on the ing to a value- and performance-based health Government for fiscal year 2017 and Budget of the Senate may revise the alloca- care system that promotes patient-centered setting forth the appropriate budgetary tions of a committee or committees, aggre- and team-based care to keep Americans as levels for fiscal years 2018 through 2026; gates, and other appropriate levels in this healthy as possible, improve health out- resolution for one or more bills, joint resolu- comes, and lower health care costs. which was ordered to lie on the table; tions, amendments, amendments between (2) Because of the investments in health as follows: the Houses, motions, or conference reports care delivery system reforms made by the At the appropriate place, add the fol- to support the development of risk-based de- Affordable Care Act, a third of Medicare pay- lowing:

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.051 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S288 CONGRESSIONAL RECORD — SENATE January 11, 2017 SEC. lll. SENSE OF THE SENATE THAT THE PA- the Members, duly chosen and sworn. An af- dividuals who are not otherwise Medicaid or TIENT PROTECTION AND AFFORD- firmative vote of three-fifths of the Members CHIP eligible, providing services not typi- ABLE CARE ACT SHOULD NOT BE RE- of the Senate, duly chosen and sworn, shall cally covered by Medicaid, or using innova- PEALED WITHOUT A COMPREHEN- be required to sustain an appeal of the ruling tive service delivery systems that improve SIVE LEGISLATIVE REPLACEMENT. of the Chair on a point of order raised under care, increase efficiency, and reduce costs, It is the sense of the Senate that, in order subsection (a). by instituting harmful policies such as work to avoid major detrimental impacts to mil- requirements and onerous premiums and lions of Americans, the Patient Protection cost-sharing requirements that are not in and Affordable Care Act should not be re- SA 148. Mr. CARPER submitted an line with the objectives of such waivers. pealed without simultaneous legislative ac- amendment intended to be proposed by (b) WAIVER AND APPEAL.—Subsection (a) tion on comprehensive replacement legisla- him to the concurrent resolution S. may be waived or suspended in the Senate tion that will provide at least the same level Con. Res. 3, setting forth the congres- only by an affirmative vote of three-fifths of of health care coverage as current law. sional budget for the United States the Members, duly chosen and sworn. An af- Government for fiscal year 2017 and SA 146. Ms. WARREN submitted an firmative vote of three-fifths of the Members setting forth the appropriate budgetary of the Senate, duly chosen and sworn, shall amendment intended to be proposed by levels for fiscal years 2018 through 2026; be required to sustain an appeal of the ruling her to the concurrent resolution S. which was ordered to lie on the table; of the Chair on a point of order raised under Con. Res. 3, setting forth the congres- as follows: subsection (a). sional budget for the United States At the end of title IV, add the following: Government for fiscal year 2017 and SA 150. Mr. WYDEN (for himself, SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- setting forth the appropriate budgetary TION THAT WOULD REDUCE COV- Mrs. MURRAY, Mr. BENNET, Mr. levels for fiscal years 2018 through 2026; ERAGE OR INCREASE HEALTH CARE BLUMENTHAL, Mr. BOOKER, and Mr. which was ordered to lie on the table; COSTS FOR INDIVIDUALS WITH DE- WARNER) submitted an amendment in- MENTIA UNDER MEDICAID, MEDI- tended to be proposed by him to the as follows: CARE, OR PRIVATE HEALTH INSUR- At the end of title IV, add the following: ANCE. concurrent resolution S. Con. Res. 3, SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- (a) POINT OF ORDER.—It shall not be in setting forth the congressional budget TION THAT WOULD HAVE THE EF- order in the Senate to consider any bill, for the United States Government for FECT OF NOT ALLOWING STATE joint resolution, motion, amendment, fiscal year 2017 and setting forth the GOVERNMENTS TO KEEP THEIR amendment between the Houses, or con- appropriate budgetary levels for fiscal CURRENT HEALTH CARE PROTEC- ference report that would reduce coverage or TIONS ESTABLISHED BY THE PA- years 2018 through 2026; which was or- TIENT PROTECTION AND AFFORD- increase health care costs for individuals dered to lie on the table; as follows: ABLE CARE ACT. with dementia under Medicaid, Medicare, or At the end of title III, add the following: (a) POINT OF ORDER.—It shall not be in private health insurance. order in the Senate to consider any bill, (b) WAIVER AND APPEAL.—Subsection (a) SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO HELPING STATES, joint resolution, motion, amendment, may be waived or suspended in the Senate only by an affirmative vote of three-fifths of COUNTIES, AND INDIAN TRIBES AD- amendment between the Houses, or con- DRESS THE RECENT INCREASE IN ference report that would have the effect of the Members, duly chosen and sworn. An af- FOSTER CARE ENTRIES DRIVEN BY not allowing State governments to keep firmative vote of three-fifths of the Members THE OPIOID EPIDEMIC. their current health care protections estab- of the Senate, duly chosen and sworn, shall The Chairman of the Committee on the lished by the Patient Protection and Afford- be required to sustain an appeal of the ruling Budget of the Senate may revise the alloca- able Care Act. of the Chair on a point of order raised under tions of a committee or committees, aggre- (b) WAIVER AND APPEAL.—Subsection (a) subsection (a). gates, and other appropriate levels in this may be waived or suspended in the Senate resolution for one or more bills, joint resolu- only by an affirmative vote of three-fifths of SA 149. Mr. WYDEN (for himself, Mr. tions, amendments, amendments between the Members, duly chosen and sworn. An af- MERKLEY, Mr. CARDIN, Mr. MARKEY, the Houses, motions, or conference reports firmative vote of three-fifths of the Members Mr. LEAHY, Mr. VAN HOLLEN, Ms. WAR- relating to helping States, counties, and In- of the Senate, duly chosen and sworn, shall REN, and Mrs. GILLIBRAND) submitted dian Tribes address the recent increase in be required to sustain an appeal of the ruling an amendment intended to be proposed foster care entries driven by the opioid epi- of the Chair on a point of order raised under by him to the concurrent resolution S. demic through means such as allowing Fed- subsection (a). eral child welfare matching funds to be used Con. Res. 3, setting forth the congres- for substance use treatment and other evi- SA 147. Ms. CANTWELL (for herself, sional budget for the United States dence-based programs to help families stay Mr. SCHUMER, Mrs. GILLIBRAND, Ms. Government for fiscal year 2017 and safely together, providing resources to KLOBUCHAR, and Mr. FRANKEN) sub- setting forth the appropriate budgetary grandparents and other relatives, and im- mitted an amendment intended to be levels for fiscal years 2018 through 2026; proving the quality and oversight of Feder- proposed by her to the concurrent reso- which was ordered to lie on the table; ally-funded foster care programs, by the as follows: amounts provided in such legislation for lution S. Con. Res. 3, setting forth the those purposes, provided that such legisla- At the end of title IV, add the following: congressional budget for the United tion would not increase the deficit over ei- States Government for fiscal year 2017 SEC. 4ll. POINT OF ORDER AGAINST UNDER- ther the period of the total of fiscal years and setting forth the appropriate budg- MINING THE PURPOSE OF SECTION 2017 through 2021 or the period of the total of 1115 WAIVER DEMONSTRATIONS TO etary levels for fiscal years 2018 PROVIDE COMPREHENSIVE, AF- fiscal years 2017 through 2026. through 2026; which was ordered to lie FORDABLE HEALTH CARE TO LOW- on the table; as follows: INCOME AMERICANS. SA 151. Mr. LEE submitted an At the end of title IV, add the following: (a) POINT OF ORDER.—It shall not be in amendment intended to be proposed by order in the Senate to consider any bill, SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- him to the concurrent resolution S. TION THAT WOULD REDUCE FED- joint resolution, motion, amendment, Con. Res. 3, setting forth the congres- ERAL ASSISTANCE TO STATES THAT amendment between the Houses, or con- sional budget for the United States CHOOSE TO IMPLEMENT THE BASIC ference report that would— Government for fiscal year 2017 and HEALTH PROGRAM. (1) eliminate or reduce a State’s flexibility setting forth the appropriate budgetary (a) POINT OF ORDER.—It shall not be in to employ waiver demonstrations approved order in the Senate to consider any bill, under section 1115 of the Social Security Act levels for fiscal years 2018 through 2026; joint resolution, motion, amendment, (42 U.S.C. 1315) to provide comprehensive, af- which was ordered to lie on the table; amendment between the Houses, or con- fordable health care to low-income individ- as follows: ference report that would reduce Federal as- uals eligible for medical assistance under At the end of title III, add the following: sistance to States that choose to implement section 1902(a)(10)(A)(i)(VIII) of the Social SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- the basic health program under section 1331 Security Act (42 U.S.C. LATING TO THE PROTECTION AND of the Patient Protection and Affordable 1396a(a)(10)(A)(i)(VIII)) by eliminating or re- RECOVERY OF THE GREATER SAGE- Care Act (42 U.S.C. 18051), in order to pre- ducing the availability of Federal financial GROUSE. serve low-cost, efficient health insurance for assistance to States available under the ex- (a) IN GENERAL.—The Chairman of the low-income Americans while increasing pansion of Medicaid under section 1905(y)(1) Committee on the Budget of the Senate may health insurance enrollment and reducing or 1905(z)(2) of the Social Security Act (42 revise the allocations of a committee or State budget expenditures. U.S.C. 1396d(y)(1), 1396d(z)(2)); or committees, aggregates, and other appro- (b) WAIVER AND APPEAL.—Subsection (a) (2) undermine the purpose of such waivers priate levels in this resolution for one or may be waived or suspended in the Senate to demonstrate and evaluate policy ap- more bills, joint resolutions, amendments, only by an affirmative vote of three-fifths of proaches such as expanding eligibility to in- amendments between the Houses, motions,

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.052 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S289 or conference reports relating to the imple- Government for fiscal year 2017 and resolution reported pursuant to section 2001 menting the delay described in subsection setting forth the appropriate budgetary or section 2002, or an amendment to, motion (b), requiring the coordination described in levels for fiscal years 2018 through 2026; on, conference report on, or amendment be- subsection (c), and precluding the judicial re- which was ordered to lie on the table; tween the Houses in relation to such a bill or view described in subsection (d) by the as follows: joint resolution, which would increase the amounts provided in such legislation for public debt limit under section 3101 of title those purposes, provided that such legisla- At the end of title III, add the following: 31, United States Code, during the period of tion would not raise new revenue and would SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND fiscal years 2017 through 2026. RELATING TO PROTECTING COMMU- not increase the deficit over either the pe- (b) WAIVER.—This section may be waived NITIES FROM DESTRUCTIVE OVER- or suspended in the Senate only by the af- riod of the total of fiscal years 2017 through REACH BY THE DEPARTMENT OF 2021 or the period of the total of fiscal years HOUSING AND URBAN DEVELOP- firmative vote of two-thirds of the Members, 2017 through 2026. MENT. duly chosen and sworn. (b) DESCRIPTION OF DELAY.—A delay re- The Chairman of the Committee on the (c) APPEALS.—An affirmative vote of two- ferred to in subsection (a) is, in the case of Budget of the Senate may revise the alloca- thirds of the Members of the Senate, duly a State with a State management plan, a tions of a committee or committees, aggre- chosen and sworn, shall be required to sus- delay on the Secretary of the Interior mak- gates, and other appropriate levels in this tain an appeal of the ruling of the Chair on ing a finding under section 4(b)(3)(B) of the resolution for one or more bills, joint resolu- the point of order raised under this section. Endangered Species Act of 1973 (16 U.S.C. tions, amendments, amendments between 1533(b)(3)(B)) with respect to the greater the Houses, motions, or conference reports SA 155. Mr. LEE submitted an sage-grouse in the State until September 30, relating to nullifying any regulation by the amendment intended to be proposed by 2026. Department of Housing and Urban Develop- him to the concurrent resolution S. (c) DESCRIPTION OF COORDINATION.—The co- ment that interferes with and unduly bur- Con. Res. 3, setting forth the congres- dens local zoning decisions, which may in- ordination referred to in subsection (a) is— sional budget for the United States (1) for the purpose of fostering coordina- clude the rule entitled ‘‘Affirmatively Fur- tion between a State management plan and thering Fair Housing’’ (80 Fed. Reg. 42272 Government for fiscal year 2017 and Federal resource management plans that af- (July 16, 2015)), by the amounts provided in setting forth the appropriate budgetary fect the greater sage-grouse, the Governor of such legislation for those purposes, provided levels for fiscal years 2018 through 2026; a State with a State management plan pro- that such legislation would not raise new which was ordered to lie on the table; viding notification to the Secretary of the revenue and would not increase the deficit as follows: over either the period of the total of fiscal Interior and the Secretary of Agriculture, as At the end of title III, add the following: applicable, who, on receipt of that notifica- years 2017 through 2021 or the period of the total of fiscal years 2017 through 2026. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND tion, may not exercise authority under sec- RELATING TO HSA-ELIGIBLE tion 204 of the Federal Land Policy and Man- SA 153. Mr. LEE submitted an HEALTH PLANS. agement Act of 1976 (43 U.S.C. 1714) to make, The Chairman of the Committee on the modify, or extend any withdrawal, or amend amendment intended to be proposed by him to the concurrent resolution S. Budget of the Senate may revise the alloca- or otherwise modify, any Federal resource tions of a committee or committees, aggre- management plan applicable to Federal land Con. Res. 3, setting forth the congres- gates, and other appropriate levels in this in the State in a manner inconsistent with sional budget for the United States resolution for one or more bills, joint resolu- the State management plan for a period, to Government for fiscal year 2017 and tions, amendments, amendments between be specified by the Governor of the State, of setting forth the appropriate budgetary the Houses, motions, or conference reports not fewer than 5 years beginning on the date levels for fiscal years 2018 through 2026; relating to health savings account-eligible on which the Governor provides the notifica- which was ordered to lie on the table; health plans by the amounts provided in tion; as follows: such legislation for those purposes, provided (2) in the case of any State that provides that such legislation would not raise new notification under paragraph (1), if any with- At the end of title III, add the following: SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND revenue and would not increase the deficit drawal was made, modified, or extended, or if over either the period of the total of fiscal any amendment or modification of a Federal RELATING TO PROHIBITING THE ARMING OF VETTED ELEMENTS OF years 2017 through 2021 or the period of the resource management plan applicable to THE SYRIAN OPPOSITION WITH SUR- total of fiscal years 2017 through 2026. Federal land in the State was issued during FACE-TO-AIR WEAPON SYSTEMS. the 3-year period before the date on which The Chairman of the Committee on the SA 156. Mr. LEE submitted an the Governor provides the notification and Budget of the Senate may revise the alloca- amendment intended to be proposed by the withdrawal, amendment, or modification tions of a committee or committees, aggre- him to the concurrent resolution S. alters the management of the greater sage- gates, and other appropriate levels in this grouse or the habitat of the greater sage- resolution for one or more bills, joint resolu- Con. Res. 3, setting forth the congres- grouse— tions, amendments, amendments between sional budget for the United States (A) staying the implementation and oper- the Houses, motions, or conference reports Government for fiscal year 2017 and ation of the withdrawal, amendment, or relating to prohibiting the arming of appro- setting forth the appropriate budgetary modification to the extent that the with- priately vetted elements of the Syrian oppo- levels for fiscal years 2018 through 2026; drawal, amendment, or modification is in- sition (as defined in section 1209 of the Carl which was ordered to lie on the table; consistent with the State management plan; Levin and Howard P. ‘‘Buck’’ McKeon Na- as follows: and tional Defense Authorization Act for Fiscal (B) applying the Federal resource manage- Year 2015 (Public Law 113–291; 128 Stat. 3541)) At the end of title III, add the following: ment plan (as in effect immediately before with surface-to-air weapon systems, without SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND the amendment or modification) with re- raising new revenue by the amounts provided RELATING TO PREVENTING THE spect to the management of the greater sage- in such legislation for those purposes, pro- FEDERAL GOVERNMENT FROM PRO- VIDING ENHANCED FUNDING FOR grouse and the habitat of the greater sage- vided that such legislation would not in- crease the deficit over either the period of ANY STATE’S EXPANSION OF THE grouse, to the extent that the Federal re- MEDICAID PROGRAM. the total of fiscal years 2017 through 2021 or source management plan is consistent with The Chairman of the Committee on the the period of the total of fiscal years 2017 the State management plan; and Budget of the Senate may revise the alloca- through 2026. (3) the Governor of the affected State re- tions of a committee or committees, aggre- solving any disagreement regarding whether SA 154. Mr. LEE submitted an gates, and other appropriate levels in this a withdrawal of, or an amendment or other resolution for one or more bills, joint resolu- modification to, a Federal resource manage- amendment intended to be proposed by him to the concurrent resolution S. tions, amendments, amendments between ment plan is inconsistent with a State man- the Houses, motions, or conference reports agement plan. Con. Res. 3, setting forth the congres- relating to eliminating the enhanced Federal (d) DESCRIPTION OF JUDICIAL REVIEW.—The sional budget for the United States medical assistance percentages for the Med- judicial review referred to in subsection (a) Government for fiscal year 2017 and icaid expansion added by the Patient Protec- is judicial review of the requirements and setting forth the appropriate budgetary tion and Affordable Care Act, without rais- implementation of this amendment, includ- levels for fiscal years 2018 through 2026; ing new revenue, by the amounts provided in ing a determination made under subsection which was ordered to lie on the table; such legislation for those purposes, provided (c)(3). as follows: that such legislation would not increase the At the end of title II, add the following: deficit over either the period of the total of SA 152. Mr. LEE submitted an fiscal years 2017 through 2021 or the period of amendment intended to be proposed by SEC. 2003. POINT OF ORDER AGAINST INCREAS- ING THE PUBLIC DEBT LIMIT the total of fiscal years 2017 through 2026. him to the concurrent resolution S. THROUGH RECONCILIATION. Con. Res. 3, setting forth the congres- (a) POINT OF ORDER.—It shall not be in SA 157. Mr. LEE submitted an sional budget for the United States order in the Senate to consider a bill or joint amendment intended to be proposed by

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.053 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S290 CONGRESSIONAL RECORD — SENATE January 11, 2017 him to the concurrent resolution S. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUNDS the Houses, motions, or conference reports Con. Res. 3, setting forth the congres- RELATING TO ASSISTING WORKING relating to a comprehensive review of the FAMILIES AND CHILDREN. United States Government’s participation in sional budget for the United States (a) INCOME SUPPORT.—The Chairman of the Government for fiscal year 2017 and and funding of the United Nations and Committee on the Budget of the Senate may United Nations-affiliated organizations, by setting forth the appropriate budgetary revise the allocations of a committee or the amounts provided in such legislation for levels for fiscal years 2018 through 2026; committees, aggregates, and other appro- those purposes, provided that such legisla- which was ordered to lie on the table; priate levels in this resolution for one or tion would not raise new revenue and would as follows: more bills, joint resolutions, amendments, not increase the deficit over either the pe- amendments between the Houses, motions, At the end of title III, add the following: riod of the total of fiscal years 2017 through or conference reports relating to the Social 2021 or the period of the total of fiscal years SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Services Block Grant (SSBG), the Tem- 2017 through 2026. RELATING TO LABELING OF PROD- porary Assistance for Needy Families UCTS AS MADE IN THE UNITED (TANF) program, child support enforcement STATES. SA 161. Mr. LEE submitted an programs, or other assistance to working amendment intended to be proposed by The Chairman of the Committee on the families, or to increase work participation Budget of the Senate may revise the alloca- rates under TANF, without raising new rev- him to the concurrent resolution S. tions of a committee or committees, aggre- enue, by the amounts provided in such legis- Con. Res. 3, setting forth the congres- gates, and other appropriate levels in this lation for those purposes, provided that such sional budget for the United States resolution for one or more bills, joint resolu- legislation would not increase the deficit Government for fiscal year 2017 and tions, amendments, amendments between over either the period of the total of fiscal setting forth the appropriate budgetary the Houses, motions, or conference reports years 2017 through 2021 or the period of the levels for fiscal years 2018 through 2026; relating to making exclusive the authority total of fiscal years 2017 through 2026. which was ordered to lie on the table; of the Federal Government to regulate the (b) HOUSING ASSISTANCE.—The Chairman of as follows: labeling of products made in the United the Committee on the Budget of the Senate States and introduced in interstate or for- may revise the allocations of a committee or At the end of title III, add the following: eign commerce by the amounts provided in committees, aggregates, and other appro- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND such legislation for those purposes, without priate levels in this resolution for one or RELATING TO PROHIBITING CER- raising new revenue, provided that such leg- more bills, joint resolutions, amendments, TAIN MODIFICATIONS OF THE AP- PLICATION OF THE MILITARY SE- islation would not increase the deficit over amendments between the Houses, motions, LECTIVE SERVICE ACT BY EXECU- either the period of the total of fiscal years or conference reports relating to housing as- TIVE OR JUDICIAL ACTION. 2017 through 2021 or the period of the total of sistance, which may include working family The Chairman of the Committee on the fiscal years 2017 through 2026. rental assistance, or assistance provided Budget of the Senate may revise the alloca- through the Housing Trust Fund, or meas- tions of a committee or committees, aggre- SA 158. Mr. LEE submitted an ures consolidating public housing authori- gates, and other appropriate levels in this amendment intended to be proposed by ties, or measures to create or increase work resolution for one or more bills, joint resolu- requirements for Section 8 voucher and pub- tions, amendments, amendments between him to the concurrent resolution S. lic housing assistance recipients, without Con. Res. 3, setting forth the congres- the Houses, motions, or conference reports raising new revenue, by the amounts pro- relating to prohibiting modification (wheth- sional budget for the United States vided in such legislation for those purposes, er by executive or judicial action) of the ap- Government for fiscal year 2017 and provided that such legislation would not in- plication of the Military Selective Service setting forth the appropriate budgetary crease the deficit over either the period of Act (50 U.S.C. 3801 et seq.) in order to require levels for fiscal years 2018 through 2026; the total of fiscal years 2017 through 2021 or registration under that Act without regard which was ordered to lie on the table; the period of the total of fiscal years 2017 to gender unless such registration is ex- as follows: through 2026. pressly authorized by an Act of Congress, (c) CHILD WELFARE.—The Chairman of the without raising new revenue by the amounts At the end of title III, add the following: Committee on the Budget of the Senate may provided in such legislation for those pur- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND revise the allocations of a committee or poses, provided that such legislation would RELATING TO PROHIBITING THE EX- committees, aggregates, and other appro- not increase the deficit over either the pe- PENDITURE OF AMOUNTS FROM THE priate levels in this resolution for one or riod of the total of fiscal years 2017 through LAND AND WATER CONSERVATION more bills, joint resolutions, amendments, 2021 or the period of the total of fiscal years FUND UNTIL THE NATIONAL PARK amendments between the Houses, motions, 2017 through 2026. SERVICE MAINTENANCE BACKLOG or conference reports relating to child wel- IS REDUCED. fare programs, which may include the Fed- The Chairman of the Committee on the SA 162. Mr. LEE submitted an eral foster care payment system, without amendment intended to be proposed by Budget of the Senate may revise the alloca- raising new revenue, by the amounts pro- tions of a committee or committees, aggre- vided in such legislation for those purposes, him to the concurrent resolution S. gates, and other appropriate levels in this provided that such legislation would not in- Con. Res. 3, setting forth the congres- resolution for one or more bills, joint resolu- crease the deficit over either the period of sional budget for the United States tions, amendments, amendments between the total of fiscal years 2017 through 2021 or Government for fiscal year 2017 and the Houses, motions, or conference reports the period of the total of fiscal years 2017 setting forth the appropriate budgetary relating to prohibiting amounts from the through 2026. levels for fiscal years 2018 through 2026; Land and Water Conservation Fund estab- which was ordered to lie on the table; lished under section 200302 of title 54, United Mr. LEE submitted an SA 160. as follows: States Code, to be used for land acquisition amendment intended to be proposed by until the date on which the National Park him to the concurrent resolution S. At the end of title III, add the following: Service maintenance backlog is less than Con. Res. 3, setting forth the congres- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND $5,000,000,000 by the amounts provided in RELATING TO PAYMENTS IN LIEU OF such legislation for those purposes, without sional budget for the United States TAXES. raising new revenue, provided that such leg- Government for fiscal year 2017 and The Chairman of the Committee on the islation would not increase the deficit over setting forth the appropriate budgetary Budget of the Senate may revise the alloca- either the period of the total of fiscal years levels for fiscal years 2018 through 2026; tions of a committee or committees, aggre- 2017 through 2021 or the period of the total of which was ordered to lie on the table; gates, and other appropriate levels in this fiscal years 2017 through 2026. as follows: resolution for one or more bills, joint resolu- tions, amendments, amendments between At the end of title III, add the following: SA 159. Mr. LEE submitted an the Houses, motions, or conference reports SEC. 3003. DEFICIT-NEUTRAL RESERVE FUND RE- relating to payments in lieu of taxes under amendment intended to be proposed by LATING TO A COMPREHENSIVE RE- chapter 69 of title 31, United States Code, in- him to the concurrent resolution S. VIEW OF THE UNITED STATES GOV- ERNMENT’S PARTICIPATION IN AND cluding funding the payments in lieu of taxes Con. Res. 3, setting forth the congres- FUNDING OF THE UNITED NATIONS program at levels roughly equivalent to lost sional budget for the United States AND UNITED NATIONS-AFFILIATED tax revenues due to the presence of Federal Government for fiscal year 2017 and ORGANIZATIONS. land, by the amounts provided in such legis- setting forth the appropriate budgetary The Chairman of the Committee on the lation for those purposes, without raising levels for fiscal years 2018 through 2026; Budget of the Senate may revise the alloca- new revenue, provided that such legislation which was ordered to lie on the table; tions of a committee or committees, aggre- would not increase the deficit over either the gates, and other appropriate levels in this period of the total of fiscal years 2017 as follows: resolution for one or more bills, joint resolu- through 2021 or the period of the total of fis- At the end of title III, add the following: tions, amendments, amendments between cal years 2017 through 2026.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.054 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S291 SA 163. Mr. LEE submitted an At the end of title III, add the following: enue, by the amounts provided in such legis- amendment intended to be proposed by SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND lation for those purposes, provided that such him to the concurrent resolution S. RELATING TO THE REGULATION OF legislation would not increase the deficit Con. Res. 3, setting forth the congres- BROADBAND INTERNET ACCESS over either the period of the total of fiscal SERVICE. years 2017 through 2021 or the period of the sional budget for the United States The Chairman of the Committee on the total of fiscal years 2017 through 2026. Government for fiscal year 2017 and Budget of the Senate may revise the alloca- setting forth the appropriate budgetary tions of a committee or committees, aggre- SA 168. Mr. WYDEN submitted an levels for fiscal years 2018 through 2026; gates, and other appropriate levels in this amendment intended to be proposed by which was ordered to lie on the table; resolution for one or more bills, joint resolu- him to the concurrent resolution S. as follows: tions, amendments, amendments between Con. Res. 3, setting forth the congres- At the end of title III, add the following: the Houses, motions, or conference reports relating to the reclassification of broadband sional budget for the United States SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- Internet access service as an information Government for fiscal year 2017 and LATING TO THE IMPLEMENTATION setting forth the appropriate budgetary OF THE OAS REVITALIZATION AND service and prohibiting the Federal Commu- REFORM STRATEGY. nications Commission from imposing certain levels for fiscal years 2018 through 2026; The Chairman of the Committee on the regulations on providers of broadband Inter- which was ordered to lie on the table; Budget of the Senate may revise the alloca- net access service by the amounts provided as follows: tions of a committee or committees, aggre- in such legislation for those purposes, with- At the end of title IV, add the following: gates, and other appropriate levels in this out raising new revenue, provided that such SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- resolution for one or more bills, joint resolu- legislation would not increase the deficit TION THAT RAISES TAXES OR tions, amendments, amendments between over either the period of the total of fiscal HEALTH COSTS FOR THE MIDDLE the Houses, motions, or conference reports years 2017 through 2021 or the period of the CLASS AND WORKING FAMILIES TO requiring the Secretary of State to submit total of fiscal years 2017 through 2026. FUND TAX CUTS FOR MILLIONAIRES. an annual written report to Congress regard- (a) POINT OF ORDER.—It shall not be in ing the implementation of the multiyear SA 166. Mr. LEE submitted an order in the Senate to consider any bill, strategy required under section 5 of the Or- amendment intended to be proposed by joint resolution, motion, amendment, ganization of American States Revitaliza- him to the concurrent resolution S. amendment between the Houses, or con- tion and Reform Act of 2013 (22 U.S.C. 290q) Con. Res. 3, setting forth the congres- ference report that increases taxes, raises and how the continued involvement of the sional budget for the United States health insurance premiums, or leads to high- United States in the Organization of Amer- er out-of-pocket health care costs for the ican States accomplishes explicit foreign Government for fiscal year 2017 and middle class and working families while re- policy objectives in Latin America, by the setting forth the appropriate budgetary ducing tax burdens for households with in- amounts provided in such legislation for levels for fiscal years 2018 through 2026; comes of $1,000,000 or more. those purposes, provided that such legisla- which was ordered to lie on the table; (b) WAIVER AND APPEAL.—Subsection (a) tion would not raise new revenue and would as follows: may be waived or suspended in the Senate not increase the deficit over either the pe- At the end of title III, add the following: only by an affirmative vote of three-fifths of riod of the total of fiscal years 2017 through the Members, duly chosen and sworn. An af- 2021 or the period of the total of fiscal years SEC. 3003. DEFICIT-NEUTRAL RESERVE FUND RE- firmative vote of three-fifths of the Members 2017 through 2026. LATING TO PROHIBITING THE IM- PLEMENTATION OF THE PARIS of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling SA 164. Mr. LEE submitted an AGREEMENT. The Chairman of the Committee on the of the Chair on a point of order raised under amendment intended to be proposed by Budget of the Senate may revise the alloca- subsection (a). him to the concurrent resolution S. tions of a committee or committees, aggre- Con. Res. 3, setting forth the congres- gates, and other appropriate levels in this SA 169. Mr. MENENDEZ (for himself, sional budget for the United States resolution for one or more bills, joint resolu- Ms. WARREN, and Mrs. GILLIBRAND) Government for fiscal year 2017 and tions, amendments, amendments between submitted an amendment intended to setting forth the appropriate budgetary the Houses, motions, or conference reports be proposed by him to the concurrent levels for fiscal years 2018 through 2026; relating to prohibiting the implementation resolution S. Con. Res. 3, setting forth which was ordered to lie on the table; of the Paris Agreement, done at Paris De- the congressional budget for the United as follows: cember 12, 2015, by the amounts provided in States Government for fiscal year 2017 such legislation for those purposes, provided and setting forth the appropriate budg- At the end of title III, add the following: that such legislation would not raise new SEC. 3ll. DEFICIT-NEUTRAL RESERVE FUND RE- revenue and would not increase the deficit etary levels for fiscal years 2018 LATING TO COMPILING A REPORT over either the period of the total of fiscal through 2026; which was ordered to lie ON FEDERAL SPENDING IN FOREIGN NATIONS. years 2017 through 2021 or the period of the on the table; as follows: The Chairman of the Committee on the total of fiscal years 2017 through 2026. At the end of title III, add the following: Budget of the Senate may revise the alloca- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND tions of a committee or committees, aggre- SA 167. Mr. HELLER submitted an RELATING TO AVERTING THE MED- gates, and other appropriate levels in this amendment intended to be proposed by ICAID FUNDING CLIFF IN PUERTO resolution for one or more bills, joint resolu- RICO AND ENSURING STABLE MED- him to the concurrent resolution S. ICAID FUNDING FOR PUERTO RICO’S tions, amendments, amendments between Con. Res. 3, setting forth the congres- MEDICAID PROGRAM. the Houses, motions, or conference reports sional budget for the United States The Chairman of the Committee on the requiring the Secretary of State to compile Government for fiscal year 2017 and Budget of the Senate may revise the alloca- and submit a report to Congress on the ag- setting forth the appropriate budgetary tions of a committee or committees, aggre- gregate expenditure of Federal funds by all gates, and other appropriate levels in this Federal agencies and other entities created levels for fiscal years 2018 through 2026; as follows: resolution for one or more bills, joint resolu- by Congress on programs or projects in for- tions, amendments, amendments between eign nations, by the amounts provided in At the end of title III, add the following: the Houses, motions, or conference reports such legislation for those purposes, provided SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND relating to averting the impending Medicaid that such legislation would not raise new RELATING TO STRENGTHENING SO- funding cliff in Puerto Rico and ensuring revenue and would not increase the deficit CIAL SECURITY OR REPEALING AND stable Medicaid funding for Puerto Rico’s REPLACING OBAMACARE. over either the period of the total of fiscal Medicaid program for the foreseeable future years 2017 through 2021 or the period of the The Chairman of the Committee on the by the amounts provided in such legislation total of fiscal years 2017 through 2026. Budget of the Senate may revise the alloca- for those purposes, provided that such legis- tions of a committee or committees, aggre- SA 165. Mr. LEE submitted an lation would not increase the deficit over ei- gates, and other appropriate levels in this ther the period of the total of fiscal years amendment intended to be proposed by resolution for one or more bills, joint resolu- 2017 through 2021 or the period of the total of him to the concurrent resolution S. tions, amendments, amendments between fiscal years 2017 through 2026. Con. Res. 3, setting forth the congres- the Houses, motions, or conference reports sional budget for the United States relating to strengthening Social Security or SA 170. Ms. DUCKWORTH submitted Government for fiscal year 2017 and repealing and replacing Obamacare, which an amendment intended to be proposed may include step-by-step health reforms pro- setting forth the appropriate budgetary viding access to quality, affordable coverage by her to the concurrent resolution S. levels for fiscal years 2018 through 2026; for all Americans, safeguarding consumer Con. Res. 3, setting forth the congres- which was ordered to lie on the table; protections, strengthening Medicare, and im- sional budget for the United States as follows: proving Medicaid, without raising new rev- Government for fiscal year 2017 and

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.056 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S292 CONGRESSIONAL RECORD — SENATE January 11, 2017 setting forth the appropriate budgetary relating to lowering prescription drug prices, concurrent resolution S. Con. Res. 3, levels for fiscal years 2018 through 2026; including through the importation of safe setting forth the congressional budget which was ordered to lie on the table; and affordable prescription drugs by Amer- for the United States Government for as follows: ican pharmacists, wholesalers, and individ- fiscal year 2017 and setting forth the uals with a valid prescription from a pro- appropriate budgetary levels for fiscal At the end of title IV, add the following: vider licensed to practice in the United SEC. 4ll. POINT OF ORDER AGAINST REDUCING States, by the amounts provided in such leg- years 2018 through 2026; which was or- MEDICAID COVERAGE FOR VET- islation for those purposes, provided that dered to lie on the table; as follows: ERANS. such legislation would not increase the def- Beginning on page 45, strike line 2 and all (a) POINT OF ORDER.—It shall not be in icit over either the period of the total of fis- that follows through page 46, line 14 and in- order in the Senate to consider any bill, cal years 2017 through 2021 or the period of sert the following: joint resolution, motion, amendment, the total of fiscal years 2017 through 2026. SEC. 2000. FINDINGS. amendment between the Houses, or con- Congress finds the following: ference report relating to Medicaid unless SA 173. Mr. ENZI (for Mr. BARRASSO) (1) Total annual drug spending in the the Director of the Congressional Budget Of- proposed an amendment to the concur- United States is projected to reach more fice certifies that the legislation would not rent resolution S. Con. Res. 3, setting than $500,000,000,000 by 2018. result in 1 or more veterans losing Medicaid (2) One out of five Americans age 19 to 64 coverage. forth the congressional budget for the cannot afford to fill their prescriptions. (b) WAIVER AND APPEAL.—Subsection (a) United States Government for fiscal (3) Spending on prescription drugs in the may be waived or suspended in the Senate year 2017 and setting forth the appro- United States grew by 12 percent in 2014, only by an affirmative vote of three-fifths of priate budgetary levels for fiscal years faster than in any year since 2002. the Members, duly chosen and sworn. An af- 2018 through 2026; as follows: (4) Medicare part D drug spending was firmative vote of three-fifths of the Members At the end of title III, add the following: $90,000,000,000 in 2015, and is expected to in- of the Senate, duly chosen and sworn, shall crease to $216,000,000,000 by 2025. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND be required to sustain an appeal of the ruling (5) Medicare part B drug spending also of the Chair on a point of order raised under RELATING TO RURAL HEALTH AND REPEALING AND REPLACING more than doubled between 2005 and 2015, in- subsection (a). OBAMACARE. creasing from $9,000,000,000 in 2005 to The Chairman of the Committee on the $22,000,000,000 in 2015. SA 171. Ms. DUCKWORTH submitted Budget of the Senate may revise the alloca- (6) In 2014, prescription drug spending in an amendment intended to be proposed tions of a committee or committees, aggre- Medicaid increased by 24 percent. by her to the concurrent resolution S. gates, and other appropriate levels in this (7) During the Presidential campaign, the Con. Res. 3, setting forth the congres- resolution for one or more bills, joint resolu- President-elect said, ″When it comes time to sional budget for the United States tions, amendments, amendments between negotiate the cost of drugs, we’re going to ″ Government for fiscal year 2017 and the Houses, motions, or conference reports negotiate like crazy, folks and his campaign relating to strengthening Social Security website said that, ‘‘allowing consumers ac- setting forth the appropriate budgetary cess to imported, safe and dependable drugs levels for fiscal years 2018 through 2026; and repealing and replacing Obamacare, which may include step-by-step reforms pro- from overseas will bring more options to which was ordered to lie on the table; viding access to quality, affordable coverage consumers.’’. as follows: for all Americans, maintaining access to (8) After being elected, the President-Elect At the end of title III, add the following: critical rural health care services, and safe- said, ‘‘I’m going to bring down drug prices. I don’t like what’s happened with drug SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND guarding consumer protections, without RELATING TO PRESERVING THE RE- raising new revenue, by the amounts pro- prices.’’. QUIREMENT OF PROVIDING LACTA- vided in such legislation for those purposes, (9) On January 11, 2017, the President-elect TION ROOMS AND REASONABLE provided that such legislation would not in- said, ‘‘We have to create new bidding proce- BREAK TIME TO EMPLOYEES WHO crease the deficit over either the period of dures for the drug industry, because they are ARE NURSING MOTHERS. the total of fiscal years 2017 through 2021 or getting away with murder.’’. The Chairman of the Committee on the the period of the total of fiscal years 2017 SEC. 2001. RECONCILIATION IN THE SENATE. Budget of the Senate may revise the alloca- through 2026. (a) COMMITTEE ON FINANCE.—The Com- tions of a committee or committees, aggre- mittee on Finance of the Senate shall report gates, and other appropriate levels in this SA 174. Mr. ALEXANDER submitted changes in laws within its jurisdiction to re- resolution for one or more bills, joint resolu- duce the deficit by not less than $1,000,000,000 tions, amendments, amendments between an amendment intended to be proposed for the period of fiscal years 2017 through the Houses, motions, or conference reports by him to the concurrent resolution S. 2026. relating to preserving the requirement under Con. Res. 3, setting forth the congres- (b) COMMITTEE ON HEALTH, EDUCATION, section 7(r) of the Fair Labor Standards Act sional budget for the United States LABOR, AND PENSIONS.—The Committee on of 1938 providing lactation rooms and reason- Government for fiscal year 2017 and Health, Education, Labor, and Pensions of able break time to employees who are nurs- setting forth the appropriate budgetary the Senate shall report changes in laws with- ing mothers for one year after the child’s in its jurisdiction to reduce the deficit by levels for fiscal years 2018 through 2026; not less than $1,000,000,000 for the period of birth by the amounts provided in such legis- as follows: lation for those purposes, provided that such fiscal years 2017 through 2026. legislation would not increase the deficit At the end of title III, add the following: (c) REQUIREMENT.—Changes in laws re- over either the period of the total of fiscal SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND ported by such Committees shall bring down years 2017 through 2021 or the period of the RELATING TO PERMITTING IMPOR- the price of drugs as promised by the Presi- total of fiscal years 2017 through 2026. TATION OF PRESCRIPTION DRUGS dent-Elect. ONLY UNDER CERTAIN CIR- (d) SUBMISSIONS.—In the Senate, not later CUMSTANCES. than January 27, 2017, the Committees SA 172. Mr. SANDERS (for Ms. KLO- The Chairman of the Committee on the named in subsections (a) and (b) shall submit BUCHAR (for herself and Mr. SANDERS)) Budget of the Senate may revise the alloca- their recommendations to the Committee on proposed an amendment to the concur- tions of a committee or committees, aggre- the Budget of the Senate. Upon receiving all rent resolution S. Con. Res. 3, setting gates, and other appropriate levels in this such recommendations, the Committee on forth the congressional budget for the resolution for one or more bills, joint resolu- the Budget of the Senate shall report to the United States Government for fiscal tions, amendments, amendments between Senate a reconciliation bill carrying out all year 2017 and setting forth the appro- the Houses, motions, or conference reports such recommendations without any sub- priate budgetary levels for fiscal years relating to permitting the importation of stantive revision. SEC. 2002. RECONCILIATION IN THE HOUSE OF 2018 through 2026; as follows: prescription drugs, which may include certi- fying public health and safety, strengthening REPRESENTATIVES. At the end of title III, add the following: Social Security and Medicare, and improving (a) COMMITTEE ON ENERGY AND COM- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Medicaid, by the amounts provided in such MERCE.—The Committee on Energy and Com- RELATING TO LOWERING PRESCRIP- legislation for those purposes, provided that merce of the House of Representatives shall TION DRUG PRICES FOR AMERICANS such legislation would not increase the def- submit changes in laws within its jurisdic- BY IMPORTING DRUGS FROM CAN- icit over either the period of the total of fis- tion to reduce the deficit by not less than ADA AND OTHER COUNTRIES. $1,000,000,000 for the period of fiscal years The Chairman of the Committee on the cal years 2017 through 2021 or the period of the total of fiscal years 2017 through 2026. 2017 through 2026. Budget of the Senate may revise the alloca- (b) COMMITTEE ON WAYS AND MEANS.—The tions of a committee or committees, aggre- Committee on Ways and Means of the House gates, and other appropriate levels in this SA 175. Mr. WYDEN (for himself, Mr. of Representatives shall submit changes in resolution for one or more bills, joint resolu- SANDERS, Mr. BROWN, and Ms. KLO- laws within its jurisdiction to reduce the def- tions, amendments, amendments between BUCHAR) submitted an amendment in- icit by not less than $1,000,000,000 for the pe- the Houses, motions, or conference reports tended to be proposed by him to the riod of fiscal years 2017 through 2026.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.057 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S293 (c) REQUIREMENT.—Changes in laws re- ment intended to be proposed by her to tions, amendments, amendments between ported by such Committees shall bring down the concurrent resolution S. Con. Res. the Houses, motions, or conference reports the price of drugs as promised by the Presi- 3, setting forth the congressional budg- relating to strengthening Social Security dent-Elect. et for the United States Government and repealing and replacing Obamacare, (d) SUBMISSIONS.—In the House of Rep- which may include reforms that strengthen resentatives, not later than January 27, 2017, for fiscal year 2017 and setting forth Medicaid and the Children’s Health Insur- the committees named in subsections (a) and the appropriate budgetary levels for ance Program without prioritizing able-bod- (b) shall submit their recommendations to fiscal years 2018 through 2026; as fol- ied adults over the disabled or children and the Committee on the Budget of the House of lows: lead to step-by-step reforms providing access Representatives to carry out this section. At the end of title III, add the following: to quality, affordable coverage for all Ameri- cans, and safeguarding consumer protec- SA 176. Mr. FLAKE submitted an SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND RELATING TO LOWERING PRESCRIP- tions, without raising new revenue, by the amendment intended to be proposed by TION DRUG PRICES FOR AMERICANS amounts provided in such legislation for him to the concurrent resolution S. BY IMPORTING DRUGS FROM CAN- those purposes, provided that such legisla- Con. Res. 3, setting forth the congres- ADA. tion would not increase the deficit over ei- sional budget for the United States The Chairman of the Committee on the ther the period of the total of fiscal years Government for fiscal year 2017 and Budget of the Senate may revise the alloca- 2017 through 2021 or the period of the total of tions of a committee or committees, aggre- fiscal years 2017 through 2026. setting forth the appropriate budgetary gates, and other appropriate levels in this levels for fiscal years 2018 through 2026; resolution for one or more bills, joint resolu- SA 181. Mr. BARRASSO submitted an as follows: tions, amendments, amendments between amendment intended to be proposed by At the end of title III, add the following: the Houses, motions, or conference reports him to the concurrent resolution S. SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND relating to lowering prescription drug prices, Con. Res. 3, setting forth the congres- RELATING TO ENHANCING VET- including through the importation of safe sional budget for the United States ERANS HEALTH CARE, HOUSING, and affordable prescription drugs from Can- AND THE WORKFORCE OF THE DE- ada by American pharmacists, wholesalers, Government for fiscal year 2017 and PARTMENT OF VETERANS AFFAIRS. and individuals with a valid prescription setting forth the appropriate budgetary The Chairman of the Committee on the from a provider licensed to practice in the levels for fiscal years 2018 through 2026; Budget of the Senate may revise the alloca- United States, by the amounts provided in as follows: tions of a committee or committees, aggre- such legislation for those purposes, provided gates, and other appropriate levels in this At the end of title III, add the following: that such legislation would not increase the resolution for one or more bills, joint resolu- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND deficit over either the period of the total of tions, amendments, amendments between RELATING TO STRENGTHENING SO- fiscal years 2017 through 2021 or the period of the Houses, motions, or conference reports CIAL SECURITY AND REPEALING the total of fiscal years 2017 through 2026. OBAMACARE. relating to improving veterans’ housing and The Chairman of the Committee on the health care for veterans and their depend- SA 179. Mr. HATCH submitted an Budget of the Senate may revise the alloca- ents, which may include repealing tions of a committee or committees, aggre- Obamacare, facilitating medical facility amendment intended to be proposed by gates, and other appropriate levels in this leases, reforming veterans housing programs, him to the concurrent resolution S. resolution for one or more bills, joint resolu- and prohibiting the Secretary of Veterans Con. Res. 3, setting forth the congres- tions, amendments, amendments between Affairs from employing individuals who have sional budget for the United States the Houses, motions, or conference reports, been convicted of a felony and medical per- Government for fiscal year 2017 and relating to strengthening Social Security sonnel who have ever had their medical li- setting forth the appropriate budgetary and repealing and replacing Obamacare, censes or credentials revoked or suspended, levels for fiscal years 2018 through 2026; which may include step-by-step reforms pro- by the amounts provided in such legislation as follows: viding access to quality, affordable coverage for those purposes, provided that such legis- for all Americans, including people with dis- lation would not increase the deficit over ei- At the end of title III, add the following: abilities and chronic conditions, and safe- ther the period of the total of fiscal years SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND guarding consumer protections such as a ban 2017 through 2021 or the period of the total of RELATING TO PROTECTIONS FOR on lifetime limits, by the amounts provided fiscal years 2017 through 2026. THE ELDERLY AND DISABLED. The Chairman of the Committee on the in such legislation for those purposes, pro- SA 177. Mr. CORNYN submitted an Budget of the Senate may revise the alloca- vided that such legislation would not in- amendment intended to be proposed by tions of a committee or committees, aggre- crease the deficit over either the period of gates, and other appropriate levels in this the total of fiscal years 2017 through 2021 or him to the concurrent resolution S. the period of the total of fiscal years 2017 Con. Res. 3, setting forth the congres- resolution for one or more bills, joint resolu- tions, amendments, amendments between through 2026. sional budget for the United States the Houses, motions, or conference reports Government for fiscal year 2017 and relating to reforming housing and Medicaid, SA 182. Mr. WYDEN (for himself, Mr. setting forth the appropriate budgetary which may include returning State regula- MERKLEY, and Mr. HEINRICH) submitted levels for fiscal years 2018 through 2026; tion of health insurance markets to the an amendment intended to be proposed which was ordered to lie on the table; States, without raising new revenue, by the by him to the concurrent resolution S. as follows: amounts provided in such legislation for Con. Res. 3, setting forth the congres- At the end of title III, add the following: those purposes, provided that such legisla- sional budget for the United States tion would not increase the deficit over ei- SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND Government for fiscal year 2017 and ther the period of the total of fiscal years RELATING TO LAW ENFORCEMENT, setting forth the appropriate budgetary MENTAL HEALTH, AND OPIOID 2017 through 2021 or the period of the total of ABUSE. fiscal years 2017 through 2026. levels for fiscal years 2018 through 2026; The Chairman of the Committee on the which was ordered to lie on the table; Budget of the Senate may revise the alloca- SA 180. Mr. HATCH submitted an as follows: tions of a committee or committees, aggre- amendment intended to be proposed by At the appropriate place, insert the fol- gates, and other appropriate levels in this him to the concurrent resolution S. lowing: resolution for one or more bills, joint resolu- Con. Res. 3, setting forth the congres- SEC. lll. CRITERIA FOR LIMITED ADJUSTMENT tions, amendments, amendments between sional budget for the United States FOR WILDFIRE SUPPRESSION FUND- the Houses, motions, or conference reports Government for fiscal year 2017 and ING. relating to law enforcement training, mental If a measure becomes law that amends the health, and opioid abuse, which may include setting forth the appropriate budgetary adjustments to discretionary spending limits increasing prevention, treatment, and recov- levels for fiscal years 2018 through 2026; established under section 251(b) of the Bal- ery activities, veterans and drug court re- as follows: anced Budget and Emergency Deficit Control forms, and repealing and replacing At the end of title III, add the following: Act of 1985 (2 U.S.C. 901(b)) to provide for Obamacare, by the amounts provided in such SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND wildfire suppression funding, which may in- legislation for those purposes, provided that RELATING TO STRENGTHENING SO- clude criteria for making such an adjust- such legislation would not increase the def- CIAL SECURITY AND REPEALING ment, the Chairman of the Committee on the icit over either the period of the total of fis- AND REPLACING OBAMACARE. Budget of the Senate may adjust the alloca- cal years 2017 through 2021 or the period of The Chairman of the Committee on the tion called for in section 302(a) of the Con- the total of fiscal years 2017 through 2026. Budget of the Senate may revise the alloca- gressional Budget Act of 1974 (2 U.S.C. 633(a)) tions of a committee or committees, aggre- to the appropriate committee or committees SA 178. Ms. KLOBUCHAR (for herself gates, and other appropriate levels in this of the Senate, and may adjust all other budg- and Mr. SANDERS) submitted an amend- resolution for one or more bills, joint resolu- etary aggregates, allocations, levels, and

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Res. 3, setting forth the congres- as follows: (2) One out of five Americans age 19 to 64 sional budget for the United States cannot afford to fill their prescriptions. At the end of title III, add the following: Government for fiscal year 2017 and (3) Spending on prescription drugs in the SEC. 3lll. DEFICIT-NEUTRAL RESERVE FUND United States grew by 12 percent in 2014, setting forth the appropriate budgetary RELATING TO RELEASE OF TAX RE- levels for fiscal years 2018 through 2026; TURNS OF THE PRESIDENT. faster than in any year since 2002. which was ordered to lie on the table; The Chairman of the Committee on the (4) Medicare part D drug spending was $90,000,000,000 in 2015, and is expected to in- as follows: Budget of the Senate may revise the alloca- tions of a committee or committees, aggre- crease to $216,000,000,000 by 2025. At the appropriate place, insert the fol- gates, and other appropriate levels in this (5) Medicare part B drug spending also lowing: resolution for one or more bills, joint resolu- more than doubled between 2005 and 2015, in- SEC. lll. DEFICIT-NEUTRAL RESERVE FUND tions, amendments, amendments between creasing from $9,000,000,000 in 2005 to RELATING TO CONSERVING FED- $22,000,000,000 in 2015. ERAL LAND, ENHANCING ACCESS TO the Houses, motions, or conference reports relating to public disclosure of the indi- (6) In 2014, prescription drug spending in FEDERAL LAND FOR RECREATIONAL Medicaid increased by 24 percent. OPPORTUNITIES, AND MAKING IN- vidual tax returns of the President by the VESTMENTS IN COUNTIES AND amounts provided in such legislation for (7) During the Presidential campaign, the SCHOOLS. those purposes, provided that such legisla- President-elect said, ‘‘When it comes time to The Chairman of the Committee on the tion would not increase the deficit over ei- negotiate the cost of drugs, we’re going to Budget of the Senate may revise the alloca- ther the period of the total of fiscal years negotiate like crazy, folks’’ and his cam- tions of a committee or committees, aggre- 2017 through 2021 or the period of the total of paign website said that, ‘‘allowing con- gates, and other appropriate levels in this fiscal years 2017 through 2026. sumers access to imported, safe and depend- resolution for one or more bills, joint resolu- able drugs from overseas will bring more op- tions, amendments, amendments between SA 186. Mr. WYDEN (for himself, Mr. tions to consumers.’’. the Houses, motions, or conference reports UDALL, Mr. CARPER, Ms. HIRONO, and (8) After being elected, the President-elect said, ‘‘I’m going to bring down drug prices. I relating to Federal programs for land and Mr. BLUMENTHAL) submitted an amend- water conservation and acquisition or the don’t like what’s happened with drug ment intended to be proposed by him prices.’’. preservation, restoration, or protection of to the concurrent resolution S. Con. public land, oceans, coastal areas, or aquatic (9) On January 11, 2017, the President-elect ecosystems, making changes to or providing Res. 3, setting forth the congressional said, ‘‘We have to create new bidding proce- for the reauthorization of the Secure Rural budget for the United States Govern- dures for the drug industry, because they are Schools and Community Self-Determination ment for fiscal year 2017 and setting getting away with murder.’’. Act of 2000 (16 U.S.C. 7101 et seq.), making forth the appropriate budgetary levels (b) POINT OF ORDER.—It shall not be in changes to or providing for the reauthoriza- for fiscal years 2018 through 2026; which order in the Senate to consider a bill or joint tion of the payments in lieu of taxes pro- resolution reported pursuant to section 2001 was ordered to lie on the table; as fol- or 2002, or an amendment to, motion on, con- gram under chapter 69 of title 31, United lows: States Code, or making changes to or pro- ference report on, or amendment between At the end of title IV, add the following: viding for the reauthorization of both laws, the Houses in relation to such a bill or joint by the amounts provided in such legislation SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- resolution that does not, as promised by the TION THAT SLASHES THE COM- President-elect, lower drug prices as cer- for those purposes, provided that such legis- PENSATION OF INDIVIDUAL FED- lation would not increase the deficit over ei- tified by the Congressional Budget Office. ERAL EMPLOYEES. (c) WAIVER AND APPEAL.—Subsection (b) ther the period of the total of fiscal years (a) POINT OF ORDER.—Subject to subsection may be waived or suspended in the Senate 2017 through 2021 or the period of the total of (b), it shall not be in order in the Senate to only by an affirmative vote of three-fifths of fiscal years 2017 through 2026. consider any bill, joint resolution, motion, the Members, duly chosen and sworn. An af- amendment, amendment between the SA 184. Mrs. FISCHER submitted an firmative vote of three-fifths of the Members Houses, or conference report that directly re- of the Senate, duly chosen and sworn, shall amendment intended to be proposed by duces the compensation of 1 or more indi- be required to sustain an appeal of the ruling her to the concurrent resolution S. vidual Federal employees. of the Chair on a point of order raised under (b) EXCLUSION.—Subsection (a) shall not Con. Res. 3, setting forth the congres- subsection (b). sional budget for the United States apply to a provision of a bill, joint resolu- Government for fiscal year 2017 and tion, motion, amendment, amendment be- SA 188. Mr. WYDEN submitted an tween the Houses, or conference report that setting forth the appropriate budgetary amendment intended to be proposed by provides for the reduction of the compensa- him to the concurrent resolution S. levels for fiscal years 2018 through 2026; tion of a Federal employee based on conduct as follows: of the Federal employee that prohibits or Con. Res. 3, setting forth the congres- At the appropriate place, add the fol- prevents another Federal employee from, or sional budget for the United States lowing: penalizes another Federal employee for, Government for fiscal year 2017 and SEC. lll. DEFICIT-NEUTRAL RESERVE FUND communicating with Congress. setting forth the appropriate budgetary RELATING TO SOCIAL SECURITY OR (c) WAIVER AND APPEAL.—Subsection (a) levels for fiscal years 2018 through 2026; WOMEN’S HEALTH. may be waived or suspended in the Senate as follows: only by an affirmative vote of three-fifths of The Chairman of the Committee on the At the end of title IV, add the following: Budget of the Senate may revise the alloca- the Members, duly chosen and sworn. An af- firmative vote of three-fifths of the Members SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- tions of a committee or committees, aggre- TION THAT DOES NOT LOWER DRUG gates, and other appropriate levels in this of the Senate, duly chosen and sworn, shall PRICES. resolution for one or more bills, joint resolu- be required to sustain an appeal of the ruling (a) FINDINGS.—The Senate finds the fol- tions, amendments, amendments between of the Chair on a point of order raised under lowing: the Houses, motions, or conference reports, subsection (a). (1) Total annual drug spending in the relating to strengthening Social Security or United States is projected to reach more health care for women, which may include SA 187. Mr. WYDEN (for himself and than $500,000,000,000 by 2018. strengthening community health centers, Mr. SANDERS) submitted an amend- (2) One out of five Americans age 19 to 64 and repealing and replacing the Patient Pro- ment intended to be proposed by him cannot afford to fill their prescriptions. tection and Affordable Care Act, by the to the concurrent resolution S. Con. (3) Spending on prescription drugs in the amounts provided in such legislation for Res. 3, setting forth the congressional United States grew by 12 percent in 2014, those purposes, provided that such legisla- budget for the United States Govern- faster than in any year since 2002. tion would not increase the deficit over ei- ment for fiscal year 2017 and setting (4) Medicare part D drug spending was ther the period of the total of fiscal years forth the appropriate budgetary levels $90,000,000,000 in 2015, and is expected to in- 2017 through 2021 or the period of the total of crease to $216,000,000,000 by 2025. fiscal years 2017 through 2026. for fiscal years 2018 through 2026; which (5) Medicare part B drug spending also was ordered to lie on the table; as fol- more than doubled between 2005 and 2015, in- SA 185. Mr. WYDEN submitted an lows: creasing from $9,000,000,000 in 2005 to amendment intended to be proposed by At the end of title IV, add the following: $22,000,000,000 in 2015.

VerDate Sep 11 2014 08:55 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A11JA6.060 S11JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 11, 2017 CONGRESSIONAL RECORD — SENATE S295 (6) In 2014, prescription drug spending in only by an affirmative vote of three-fifths of The PRESIDING OFFICER. Without Medicaid increased by 24 percent. the Members, duly chosen and sworn. An af- objection, it is so ordered. (7) During the Presidential campaign, the firmative vote of three-fifths of the Members President-elect said, ‘‘When it comes time to of the Senate, duly chosen and sworn, shall f negotiate the cost of drugs, we’re going to be required to sustain an appeal of the ruling negotiate like crazy, folks’’ and his cam- of the Chair on a point of order raised under NOTICE: REGISTRATION OF MASS paign website said that, ‘‘allowing con- subsection (a). MAILINGS sumers access to imported, safe and depend- f able drugs from overseas will bring more op- The filing date for the 2016 fourth tions to consumers.’’. AUTHORITY FOR COMMITTEES TO quarter Mass Mailing report is Wednes- (8) After being elected, the President-elect MEET day, January 25, 2017. said, ‘‘I’m going to bring down drug prices. I Mr. CORNYN. Mr. President, I have An electronic option is available on don’t like what’s happened with drug four requests for committees to meet Webster that will allow forms to be prices.’’. (9) On January 11, 2017, the President-elect during today’s session of the Senate. submitted via a fillable pdf document. said, ‘‘We have to create new bidding proce- They have the approval of the Majority If your office did no mass mailings dur- dures for the drug industry, because they are and Minority leaders. ing this period, please submit a form getting away with murder.’’. Pursuant to Rule XXVI, paragraph that states ‘‘none.’’ (b) POINT OF ORDER.—It shall not be in 5(a), of the Standing Rules of the Sen- Mass mailing registrations or nega- order in the Senate to consider a bill or joint ate, the following committees are au- tive reports can be submitted elec- resolution reported pursuant to section 2001 thorized to meet during today’s session tronically or delivered to the Senate or 2002, or an amendment to, motion on, con- of the Senate: Office of Public Records, 232 Hart ference report on, or amendment between the Houses in relation to such a bill or joint COMMITTEE ON COMMERCE, SCIENCE, AND Building, Washington, D.C. 20510–7116. resolution that does not, as promised by the TRANSPORTATION The Senate Office of Public Records President-elect, lower drug prices, as cer- Mr. President, I ask unanimous con- is open from 9:00 a.m. to 6:00 p.m. For tified by the Congressional Budget Office. sent that the Committee on Commerce, further information, please contact the (c) WAIVER AND APPEAL.—Subsection (b) Science, and Transportation be author- Senate Office of Public Records at (202) may be waived or suspended in the Senate ized to hold a meeting during the ses- 224–0322. only by an affirmative vote of three-fifths of sion of the Senate on Wednesday, Janu- the Members, duly chosen and sworn. An af- ary 11, 2017, at 10:15 a.m. in room G50 of f firmative vote of three-fifths of the Members the Dirksen Senate Office Building. of the Senate, duly chosen and sworn, shall ORDERS FOR THURSDAY, COMMITTEE ON FOREIGN RELATIONS be required to sustain an appeal of the ruling JANUARY 12, 2017 of the Chair on a point of order raised under Mr. President, I ask unanimous con- subsection (b). sent that the Committee on Foreign Mr. ENZI. Mr. President, I ask unani- Relations be authorized to meet during mous consent that when the Senate SA 189. Ms. WARREN submitted an the session of the Senate on Wednes- completes its business today, it ad- amendment intended to be proposed by day, January 11, 2017, at 9 a.m. to hold journ until 12:30 p.m., Thursday, Janu- her to the concurrent resolution S. a hearing entitled ‘‘Nominations.’’ ary 12—that would be today; further, Con. Res. 3, setting forth the congres- COMMITTEE ON FOREIGN RELATIONS that following the prayer and pledge, sional budget for the United States Mr. President, I ask unanimous con- the morning hour be deemed expired, Government for fiscal year 2017 and sent that the Committee on Foreign the Journal of proceedings be approved setting forth the appropriate budgetary Relations be authorized to meet during to date, and the time for the two lead- levels for fiscal years 2018 through 2026; the session of the Senate on Wednes- ers be reserved for their use later in which was ordered to lie on the table; day, January 11, 2017, at 6 p.m. to hold the day; finally, that following leader as follows: a business meeting. remarks, the Senate be in a period of At the end of title IV, add the following: COMMITTEE ON THE JUDICIARY morning business, with Senators per- SEC. 4ll. POINT OF ORDER AGAINST LEGISLA- Mr. President, I ask unanimous con- mitted to speak therein for up to 10 TION THAT WOULD HAVE THE EF- minutes each. FECT OF NOT ALLOWING STATE sent that the Committee on the Judici- GOVERNMENTS TO KEEP THEIR ary be authorized to meet during the The PRESIDING OFFICER. Without CURRENT HEALTH CARE PROTEC- session of the Senate on January 11, objection, it is so ordered. TIONS AS ALLOWED BY THE PA- 2017, at 9:30 a.m., in room SR–325 of the TIENT PROTECTION AND AFFORD- f ABLE CARE ACT. Russell Senate Office Building to con- (a) POINT OF ORDER.—It shall not be in duct a hearing entitled ‘‘Attorney Gen- ADJOURNMENT UNTIL 12:30 P.M. order in the Senate to consider any bill, eral Nomination.’’ TODAY joint resolution, motion, amendment, f amendment between the Houses, or con- Mr. ENZI. Mr. President, if there is ference report that would have the effect of PRIVILEGES OF THE FLOOR no further business to come before the not allowing State governments to keep Mr. WHITEHOUSE. Mr. President, I Senate, I ask unanimous consent that their current health care protections as al- ask unanimous consent that Cristina it stand adjourned under the previous lowed by the Patient Protection and Afford- able Care Act, or reducing, weakening, or Diaz-Torres and Elena Elkin, two fel- order. eliminating health insurance coverage. lows in my office, be granted floor There being no objection, the Senate, (b) WAIVER AND APPEAL.—Subsection (a) privileges for the remainder of this at 1:36 a.m., adjourned until Thursday, may be waived or suspended in the Senate Congress. January 12, 2017, at 12:30 p.m.

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MEMORANDUM REGARDING AU- 9. Nothing in this agreement shall be con- John, Charles, Glenn, and Stacy, and are the THORIZATION OF THE DEPART- strued as altering any committee’s jurisdic- proud grandparents of ten grandchildren and MENT OF HOMELAND SECURITY tion under rule X of the Rules of the House great-grandparents of three great-grand- of Representatives or the referral of any measure thereunder. children. With her retirement, Mrs. Bax will be HON. PAUL D. RYAN 10. Further, nothing in this memorandum able to enjoy more time with her wonderful OF WISCONSIN precludes a further agreement between the family. IN THE HOUSE OF REPRESENTATIVES committees with regard to the implementa- I ask you to join me in recognizing Mrs. Ra- tion of a process to ensure regular com- mona Bax on her retirement. The commitment Wednesday, January 11, 2017 prehensive authorizations of the Depart- she has shown to the Bank of St. Elizabeth for Mr. RYAN of Wisconsin. Mr. Speaker, I sub- ment. 50 years is a commendable accomplishment. mit the following memorandum regarding au- Signed, It is an honor to represent her in the United GREGG WALDEN, Chair, thorization of the Department of Homeland Se- Committee on Energy States Congress. curity: and Commerce. f We, the chairs of the committees with ju- DEVIN NUNES, Chair, risdiction over the Department of Homeland Permanent Select Com- HONORING GARY DARLING FOR Security or its components, are hereby re- mittee on Intel- HIS DEDICATED SERVICE cording our agreement on the following prin- ligence. ciples for the 115th Congress: JASON CHAFFETZ, Chair, HON. JERRY McNERNEY 1. The Department of Homeland Security Committee on Over- OF CALIFORNIA (‘‘the Department’’) and its components sight and Govern- should be authorized on a regular basis to ment Reform. IN THE HOUSE OF REPRESENTATIVES ensure robust oversight and improve its op- BILL SHUSTER, Chair, Wednesday, January 11, 2017 eration. Committee on Trans- 2. Committees with jurisdiction over the portation and Infra- Mr. MCNERNEY. Mr. Speaker, I, along with Department and its components will structure. my colleagues, Representatives DESAULNIER prioritize the authorization of the Depart- MICHAEL T. MCCAUL, Chair, and HUFFMAN, rise today to honor Gary W. ment and any unauthorized or expiring com- Committee on Home- Darling for dedicating 33 years to an incredible ponent in that committee’s authorization land Security. career as a water professional. Mr. Darling de- and oversight plan. BOB GOODLATTE, Chair, veloped his technical background by grad- 3. To the maximum extent practicable, the Committee on the Judi- committees with jurisdiction over unauthor- ciary. uating from the University of California, Davis ized or expiring components of the Depart- LAMAR SMITH, Chair, and becoming a registered professional civil ment shall coordinate with the Committee Committee on Science, engineer. His academic pedigree led him to a on Homeland Security to produce a com- Space and Tech- long and productive career in managing and prehensive authorization bill for the Depart- nology. leading a water agency, numerous infrastruc- ment. KEVIN BRADY, Chair, ture projects, and building coalitions in North- 4. The Committee on Homeland Security Committee on Ways ern California. shall coordinate with the committees with and Means. jurisdiction over unauthorized or expiring For 15 years, Mr. Darling managed the Los f components of the Department in the devel- Vaqueros Reservoir Project, which is a crucial opment of any comprehensive authorization HONORING RAMONA BAX ON HER reservoir for our region’s water supply and en- bill for the Department. RETIREMENT AFTER 50 YEARS vironment. He was a Project Manager during 5. The Committee on Homeland Security OF SERVICE TO THE BANK OF the planning and environmental review phases and the committees with jurisdiction over ST. ELIZABETH for the $1 billion Freeport Regional Water Au- components of the Department shall jointly thority and served for six years on the Board develop a process for the vetting and pre- of Directors for the California Association of clearing of base text and amendments of- HON. BLAINE LUETKEMEYER Sanitation Agencies. Notably, he served 11 fered at subcommittee and full committee OF MISSOURI years as General Manager of Delta Diablo, markups of a DHS authorization bill in the IN THE HOUSE OF REPRESENTATIVES Committee on Homeland Security that fall overseeing wastewater resource recovery within the jurisdiction of a committee other Wednesday, January 11, 2017 services for 200,000 people across Antioch, than or in addition to the Committee on Mr. LUETKEMEYER. Mr. Speaker, I rise Bay Point, and Pittsburg. Delta Diablo is proud Homeland Security. today to honor a constituent of mine, Mrs. Ra- to be an award-winning agency that is ‘‘trans- 6. The committees will expedite consider- forming wastewater to resources’’ by investing ation of any comprehensive authorization mona Bax on her retirement after 50 years of bill for the Department, including timely employment with the Bank of St. Elizabeth. in innovative solutions and partnerships. resolution of any matters subject to a se- Mrs. Bax has been a constant friendly face Mr. Darling also has a long and successful quential or additional referral. during her years working at the bank. The pa- history of leading organizations. For more than 7. To the extent that there are policy dif- trons, management, and her co-workers will eight years, he has led the 19-agency Bay ferences between the committees regarding a miss her welcoming personality at the bank. Area Biosolids to Energy Coalition. Members provision of the comprehensive authoriza- Mrs. Bax has been a lifelong resident of the implement regional biosolids management so- tion bill for the Department, the committees St. Elizabeth community and is thankful for the lutions to maximize renewable energy and will make best efforts to resolve any such minimize greenhouse gas emissions. To dispute. opportunity to live and work in such a great 8. The Committee on Homeland Security town. As a fellow resident of St. Elizabeth, we Gary’s credit, this coalition has six pre-com- Committee shall not include any provision are also thankful to have her as a friend, mercial bioenergy technology projects in de- in a comprehensive authorization bill that neighbor, and member of our community. In velopment. the chair of the Committee on Ways and her spare time, Mrs. Bax volunteered her time Gary Darling has shown impressive leader- Means has determined to be a revenue provi- at the St. Elizabeth school during the years ship of the 22-member Western Recycled sion or a provision affecting revenue. If the her children attended and also while her Water Coalition (WRWC) over the last nine chair of the Committee on Ways and Means grandchildren attend the school. She is also years. This important coalition recruits mem- makes such a determination, nothing in this agreement shall be construed to preclude an active member of St. Lawrence Catholic bers and facilitates collaboration to develop that chair from exercising an additional or Church. The entire community has benefited sustainable water supplies for their commu- sequential referral over the measure, or a from her volunteering spirit. nities throughout the western United States. point of order under clause 5(a) of Rule XXI Mrs. Bax has been married to her husband, WRWC secured close to $35 million in federal of the Rules of the House of Representatives. Richard, for 56 years. They have four children, funding that was leveraged with local and

∑ 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 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JA8.001 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E48 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 2017 state funds to construct eight essential water Parade, along with a variety of other dance experience and reputation for kindness and infrastructure projects. The coalition also se- and musical performances from Chinese and sincerity appreciated by patients and staff cured $4 million for feasibility studies and other Asian cultures. alike. The Physician of the Year award is planning for 14 new projects. 2016 member- I want to commend the Asian Community OakBend’s highest recognition, which honors ship includes planning for 34 projects that will Service Center for enthusiastically inviting all the physician who demonstrates significant provide close to 200,000 acre-feet per year of Americans to attend this festival. Their warm skill, along with genuine compassion. Col- sustainable water supplies. Mr. Darling and hospitality provides an opportunity for every- leagues of Dr. Ceballos have described him WRWC also worked with Lawrence Livermore one to learn about the unique beauty of the as a positive professional and a role model National Laboratory, Stanford University, and Chinese culture. both professionally and personally. others to pilot innovative new desalination and Mr. Speaker, I am honored to represent a On behalf of the Twenty-Second Congres- wastewater technologies to advance the significant number of Chinese Americans who sional District of Texas, congratulations again wastewater resource recovery industry. live and work in my Congressional District. At to Dr. Ceballos for being named OakBend In conclusion, we ask our colleagues to join the beginning of the Year of the Rooster, I Medical Center’s 2016 Physician of the Year. us in acknowledging and thanking Gary Dar- would like to wish you and our colleagues a We all benefit from his commitment to quality ling for his service and significant contributions very happy and prosperous new year. healthcare and we thank him for his dedication to our communities and water supply. We con- f to keep Houstonians healthy. gratulate him on his retirement and are looking forward to his future ventures. HONORING THE HEAD COACH OF f THE KEISER UNIVERSITY BAS- f KETBALL TEAM MR. ROLLIE HONORING THE LIFE OF GINA CONGRATULATIONS CLEMSON MASSIMINO QUATTROCHI HON. TOM RICE HON. ALCEE L. HASTINGS HON. JERROLD NADLER OF SOUTH CAROLINA OF FLORIDA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Wednesday, January 11, 2017 Wednesday, January 11, 2017 Wednesday, January 11, 2017 Mr. RICE of South Carolina. Mr. Speaker, it Mr. HASTINGS. Mr. Speaker, I rise today to Mr. NADLER. Mr. Speaker, I rise today to is a privilege and honor to rise today to con- honor Mr. Rollie Massimino, who is currently honor the life of Gina Quattrochi, a champion gratulate the Clemson University football team the head coach of the Keiser University Bas- for HIV/AIDS healthcare and housing, who on their 2017 National Championship win over ketball Team in West Palm Beach, Florida. passed away in December. the University of Alabama. Serious fans of the sport of basketball know In 1986, at the height of the AIDS crisis, Ms. In what was a nail-biting rematch of the the history of this great sportsman. Mr. Quattrochi was named to the board of the 2016 National Championship game between Massimino began his head coaching career at AIDS Resource Center and led negotiations to the Clemson Tigers and the Alabama Crimson SUNY Stony Brook in 1969, and after nearly acquire a former hotel on Christopher St., in Tide, the Tigers came back this year with 50 years, recently compiled his 800th victory. my district, which was renamed Bailey House. something to prove—and they did just that His other head coaching positions have in- This hotel became the first group residence for with their 35–31 win over the Tide. cluded stints at the University of Nevada, Las people with AIDS in the country. At a time While every member of the team played Vegas and Cleveland State University. Mr. when HIV/AIDS was shrouded in fear and par- their hearts out, I’d like to recognize a very Massimino came to national attention as head anoia, Gina was fearless. She later served as special player who hails from the Seventh Dis- coach of the Villanova Wildcats from 1980– CEO of Bailey House for 25 years. It was trict of South Carolina, wide receiver Hunter 1992. He is most famous for leading the Wild- under Ms. Quattrochi’s leadership that Bailey Renfrow. A native of Horry County and grad- cats to their unforgettable upset of the top- House grew from a small housing agency to a uate of Socastee High School, Mr. Renfrow seeded Georgetown Hoyas in the 1985 NCAA multimillion-dollar organization that provides a has had an outstanding season—catching six title game. wide range of health and housing services to touchdowns and receiving 44 passes for a All who have known Mr. Massimino have over 1,800 clients. total of 495 yards this season. been impressed by the sincerity and deter- In addition to Bailey House, Ms. Quattrochi Perhaps even more impressive than his tal- mination that he imparts to all the young men was a board member of several HIV/AIDS ad- ent on the field is his determination and hard who have looked up to him throughout the vocacy organizations, including the National work that got him there. He joined the Tigers years. Not a person who seeks the limelight, AIDS Housing Coalition, where she also football team as a walk on, later earning him- he is a truly great sportsman who has always served as president; the Harlem Hospital self a scholarship and this year catching the been known for concentrating on winning and Community Advisory Board; the Ryan White championship-winning touchdown with just playing the game clean. Integration of Care committee; and iHealth one second left in the game. Mr. Speaker, Mr. Massimino’s current Keiser NYS. In 2014, she was appointed to Governor This National Title is a win for Mr. Renfrow, Andrew Cuomo’s task force to reduce new the players, the coaches, Clemson University, team is 15 and 2 and riding a 12 game win- ning streak. His continual success is not sur- statewide HIV infections to just 750 per year and all of South Carolina. Congratulations by 2020. Clemson and Go Tigers. prising to American basketball fans, who ad- mire him for his expertise and talent. I am very Ms. Quattrochi also fulfilled her longtime f pleased that Mr. Rollie Massimino is presently goal of extending the city’s HIV/AIDS Services RECOGNIZING THE ASIAN COMMU- guiding a team in my Congressional district to Administration, or HASA, services beyond just NITY SERVICE CENTER ON THE such distinction. He is a hero to many and a AIDS diagnoses to qualified people with HIV. 10TH ANNIVERSARY OF THE CHI- fine citizen, worthy of acclaim from us all. Her lifetime of work transformed the conversa- NESE NEW YEAR FESTIVAL f tion about how to help house, provide health care to, and feed people with HIV/AIDS. HON. BARBARA COMSTOCK DR. GILDARDO ANDRES CEBALLOS As a longtime supporter and advocate for NAMED PHYSICIAN OF THE YEAR the Housing Opportunities for Persons with OF VIRGINIA AIDS, or HOPWA, I am proud to have rep- IN THE HOUSE OF REPRESENTATIVES HON. PETE OLSON resented Gina and Bailey House for many Wednesday, January 11, 2017 OF TEXAS years, but I am more proud to have called her Mrs. COMSTOCK. Mr. Speaker, I am IN THE HOUSE OF REPRESENTATIVES a friend. She leaves behind an indelible leg- pleased to take this opportunity to recognize acy, she will be profoundly missed by the city the Asian Community Service Center on the Wednesday, January 11, 2017 of New York, the country, and the HIV/AIDS 10th anniversary of the Chinese New Year Mr. OLSON. Mr. Speaker, I rise today to advocacy community. I can think of no greater Festival that is taking place at the Luther Jack- congratulate Dr. Gildardo Andres Ceballos of tribute than the words of Emmy and Tony son Middle School in Falls Church, Virginia on Richmond, TX, for being named OakBend Award-winning author and AIDS activist Larry Saturday, January 14, 2017. Medical Center’s 2016 Physician of the Year. Kramer: ‘‘She was the most noble of heroines. This family friendly festival will once again Dr. Ceballos, board-certified in internal med- She fought not only for us, but for all of man- feature lion dances and the exciting Dragon icine, was awarded this honor thanks to his kind.’’

VerDate Sep 11 2014 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K11JA8.002 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 11, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E49 HONORING THE LIFE OF DONALD I was attending the President’s farewell ad- PERSONAL EXPLANATION JAMES GRECO, MD—1925–2017 dress. Had I been present, I would have voted as follows: 26, H. Res 33, Previous Question, HON. ERIC SWALWELL HON. EDWARD R. ROYCE No; 27, H. Res. 33, Agreeing to the Resolu- OF CALIFORNIA OF CALIFORNIA tion, No; 28, Journal, Approving the Journal, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES No; 29, H.R. 79, Vela´zquez of New York Wednesday, January 11, 2017 Wednesday, January 11, 2017 Amendment No. 1, Yes; 30, H.R. 79, Clay of Missouri Amendment No. 2, Yes; 31, H.R. 79, Mr. SWALWELL of California. Mr. Speaker, Mr. ROYCE of California. Mr. Speaker, I rise Passage, No. regarding the question considered Tuesday today to pay tribute to Donald James Greco, 10, 2017, on passage of H.R. 79, the Helping MD, of Huntington Beach, California, who f Angels Lead Our Startups Act or HALOs Act passed away on Tuesday, January 3, 2017. PERSONAL EXPLANATION (Roll Call Number 31), I am recorded as vot- Dr. Greco served our community with kind- ing ‘‘no.’’ I intended to vote ‘‘yes.’’ ness and compassion for over 58 years. HON. JOHN H. RUTHERFORD f Born in Des Moines, Iowa, he graduated OF FLORIDA from Creighton University School of Medicine EFFINGHAM CHAMBER OF IN THE HOUSE OF REPRESENTATIVES in 1948 and began his career by serving our COMMERCE country proudly as a physician in the Korean Wednesday, January 11, 2017 War. Moving his first love and bride, Teresa Mr. RUTHERFORD. Mr. Speaker, I was not HON. JOHN SHIMKUS Marasco, to Japan, he completed his military present for House roll call vote No. 34 on H.R. OF ILLINOIS service as a Lieutenant in the Army. 39, the Tested Ability to Leverage Exceptional IN THE HOUSE OF REPRESENTATIVES Donald chased the sun to California in National Talent Act. Had I been present, I Wednesday, January 11, 2017 1954, finishing his dermatology residency at would have voted ‘yes’. Mr. SHIMKUS. Mr. Speaker, I rise to ac- University of California, Los Angeles, and f opening his own practice, in 1956, in Long knowledge the Effingham County Chamber of Beach. He found a home and we gained a TROOP 1631 RECOGNIZES SIX NEW Commerce upon celebrating 100 years of doctor. When not serving as president of the EAGLE SCOUTS service. This is a remarkable achievement for Long Beach Medical Association, Donald do- the chamber, and reflects the success and nated his time teaching dermatology residents HON. PETE OLSON prosperity that the chamber has contributed to as an associate professor at UCLA. OF TEXAS Effingham County. The Effingham County Chamber of Com- His doctor’s practice was his family and his IN THE HOUSE OF REPRESENTATIVES family was his practice. Through generations merce has backed several impressive devel- Wednesday, January 11, 2017 of patients, he provided excellent care, while opments over the course of its 100-year ten- employing family members to serve by his Mr. OLSON. Mr. Speaker, I rise today to ure. In its early years, the chamber funded a side. His longevity was surpassed only by his congratulate six new Eagle Scouts of Troop study of the development of Lake Sara. This generosity, often forgiving the debts of those 1631 in Sugar Land, TX. has led to it becoming an attractive venue for in need. Eagle Scout is the highest rank among Boy fishing and a wonderful source of employment He was proud of his Italian heritage and his Scouts, requiring them to develop leadership, and revenue for the Lake Sara area. In addi- Catholic faith, as a Fourth Degree Knight of service and outdoor skills. The new Eagle tion, the chamber has played a key role in the Columbus. He loved Frank Sinatra, playing Scouts are Mitchell Nguyen, Zack Dagnall, development of several community initiatives craps in Las Vegas, and a good glass of red. Tejas Murali, Spencer Reitz, Danny Penczak in Effingham County, including the Effingham Often with a story to tell, and never shy about and Kody Ngo. To achieve the Eagle Scout Regional Academy, Effingham County Vision giving advice to anyone he thought needed it, rank, these Scouts have collectively hiked 571 2020, and Effingham County 911. The suc- he always made time to call and check on the miles, volunteered 194 hours, camped 361 cesses of the chamber over the past century family he held so dear. Today, our thoughts nights, earned 194 merit badges, and have were recognized when the chamber recently are with them: his wife, Terry, of 11 years, his completed many leadership activities. Troop won the Illinois Chamber of the Year Award. daughters KrisAnn and Lisa, his sons Richard 1631, sponsored by the Optimist Club, has I offer my deepest admiration and gratitude and David, and his 11 grandchildren and 3 helped over 150 Scouts become Eagles over to the Effingham County Chamber of Com- great-grandchildren. its 35 years. merce in its centennial year for providing great Mr. Speaker, last week, ‘‘the summer wind On behalf of the Twenty-Second Congres- service to my constituents and to helping the came blowing in from across the sea’’ and sional District of Texas, congratulations again economy of our district grow and flourish. I took Dr. Greco home. May flights of angels to Mitchell, Zack, Tejas, Spencer, Danny and hope that the next century of service from the lead him on his way. Kody. We are proud of them and their accom- chamber is just as successful. f plishments and look forward to their future f PERSONAL EXPLANATION successes. PERSONAL EXPLANATION f HON. ED PERLMUTTER PERSONAL EXPLANATION HON. BARBARA LEE OF COLORADO OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES HON. SHEILA JACKSON LEE IN THE HOUSE OF REPRESENTATIVES Wednesday, January 11, 2017 OF TEXAS Wednesday, January 11, 2017 Mr. PERLMUTTER. Mr. Speaker, on Janu- IN THE HOUSE OF REPRESENTATIVES Ms. LEE. Mr. Speaker, if I were present I ary 9, 2017 I was not present to vote on H.R. Wednesday, January 11, 2017 would have voted YES on roll call number 29 315, the ‘‘Improving Access to Maternity Care Ms. JACKSON LEE. Mr. Speaker, on Tues- to Vela´zquez Amendment No. 1. Act’’ and H.R. 304, the ‘‘Protecting Patient Ac- day, January 10, 2017, I traveled to Chicago If I were present I would have voted YES on cess to Emergency Medications.’’ at the invitation of the President of the United roll call number 30 to Clay Amendment No. 2. Had I been present for roll call No. 24, I If I were present I would have voted NO on States to attend his Farewell Address to the would have voted ‘‘YEA.’’ Had I been present roll call number 31 to H.R. 79. Nation. Consequently, I was not present for for roll call No. 25, I would have voted ‘‘YEA.’’ Roll Call Votes 29 through 31. Had I been f f present, I would have voted as follows: IN RECOGNITION OF CHRISTOPHER PERSONAL EXPLANATION On Roll Call 29, I would have voted AYE. U. BROWNE (Vela´zquez Amendment to H.R. 79, Helping HON. JANICE D. SCHAKOWSKY Angels Lead Our Startups Act (‘‘HALOS Act’’) HON. BARBARA COMSTOCK On Roll Call 30, I would have voted AYE. OF ILLINOIS OF VIRGINIA (Clay/Waters Amendment to H.R. 79, Helping IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Angels Lead Our Startups Act (‘‘HALOS Act’’) Wednesday, January 11, 2017 On Roll Call 31, I would have voted AYE. Wednesday, January 11, 2017 Ms. SCHAKOWSKY. Mr. Speaker, I missed (Final Passage of H.R. 79, Helping Angels Mrs. COMSTOCK. Mr. Speaker, I rise to ac- Roll Call vote numbers 26 through 31 because Lead Our Startups Act (‘‘HALOS Act’’) knowledge Christopher U. Browne who will be

VerDate Sep 11 2014 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JA8.006 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E50 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 2017 departing from his position as Vice President test scores. Her project has impacted over Smith and his entire team for making this pre- and Airport Manager of Washington Dulles 1,000 people. miere track such an incredible asset for our International Airport this month after a 29-year On behalf of the Twenty-Second Congres- community. career. Mr. Browne has made tremendous sional District of Texas, congratulations again Built in 1959, Charlotte Motor Speedway contributions for the traveling public and the to Alexis Champagne for earning her Gold has become one of the crown jewels of the economic vitality of the National Capital Re- Scout Gold Award. We are confident she will gion and maintains the unique distinction of have continued success in her future endeav- racing community. Each year, the speedway having served as Airport Manager for both ors. We are very proud. plays host to three premier NASCAR events— the NASCAR Sprint All-Star Race, the Coca- Reagan National and Dulles International air- f ports. Cola 600, and the Bank of America 500—as Mr. Browne’s passion for aviation began PERSONAL EXPLANATION well as more than three dozen other events long before his work at the Metropolitan for fans of all ages. The ‘‘fans first’’ mentality Washington Airports Authority (MWAA). Short- HON. ED PERLMUTTER that has been embodied by the team since ly after graduating from Dartmouth College in OF COLORADO their earliest days has allowed them to create 1980, he attended the Navy’s ‘‘Top Gun’’ fight- IN THE HOUSE OF REPRESENTATIVES an atmosphere that is unrivaled in the motor- er weapon school. As a Naval Flight Officer, Wednesday, January 11, 2017 sports world. he logged more than 1,400 hours and had 300 While the 1.5 mile long superspeedway may carrier landings in the F–14 Tomcat and also Mr. PERLMUTTER. Mr. Speaker, on Janu- be the largest attraction, the entire Charlotte received the Navy’s Commendation Medal for ary 10, 2017, I was not present to vote on Motor Speedway complex expands nearly excellent performance. H.R. 79, the ‘‘Helping Angels Lead Our After his time in the Navy, Mr. Browne start- Startups Act.’’ 2,000 acres and features a multitude of racing ed his professional career with the MWAA as Had I been present for rollcall No. 31, I options including a 2.25 mile road course and a Manager of Operations at Reagan National would have voted ‘‘YEA.’’ the zMAX Dragway. The variety of racing op- Airport. During his tenure at Reagan, he had f tions and top notch accommodations make an integral role in the construction of Termi- any trip to the speedway a special occasion. nals B and C in 1997, in handling and plan- PERSONAL EXPLANATION It is no wonder the track continues to receive ning for Y2K, and in implementing new secu- high praise from competitors and fans alike rity procedures after September 11, 2001— HON. JOSEPH CROWLEY year after year. The efforts of all of those at which allowed the airport to reopen just three OF NEW YORK the speedway have made it a truly special weeks after the devastating attack. IN THE HOUSE OF REPRESENTATIVES place both in motorsports and our local com- After 7 years at Reagan National, Mr. Wednesday, January 11, 2017 munity. There is no doubt in my mind that Browne became the Airport Manager and Vice Charlotte Motor Speedway will continue to President of Washington Dulles International Mr. CROWLEY. Mr. Speaker, on January provide a unique experience for everyone that where he oversaw a staff of over 500 employ- 10, 2017 I was absent for recorded vote No. visits, and it is my hope its leadership team ees and was responsible for an aviation rev- 26. will continue the innovative approach that has enue stream exceeding $400 million. Had I been present, I would have voted brought so much success to our community. In his next endeavor, Mr. Browne will take ‘‘No’’ on Roll Call No. 26. on new responsibilities as Deputy Director of f Mr. Speaker, please join me today in con- the Smithsonian Institution’s National Air and gratulating Charlotte Motor Speedway on Space Museum. He will remain connected to PERSONAL EXPLANATION earning this impressive distinction and well-de- aviation through the Air and Space Museum, served honor as the ‘‘Outstanding Facility of which includes the Udvar-Hazy facility on the HON. CHRIS COLLINS the Year.’’ Dulles campus. OF NEW YORK At this moment, Mr. Speaker, I ask that my IN THE HOUSE OF REPRESENTATIVES f colleagues join me in extending our sincerest Wednesday, January 11, 2017 thanks to Mr. Browne for his service to our na- RECOGNITION OF PROJECT VIDA tion and all the work he has done for the Mr. COLLINS of New York. Mr. Speaker, I MWAA and the airports in the National Capital was absent from votes January 4 and January Region. 5, 2017. Had I been present, I would have HON. WILL HURD voted: NAY on Roll Call No. 7; YEA on Roll f OF TEXAS Call No. 8; YEA on Roll Call No. 9; YEA on ALEXIS CHAMPAGNE EARNS GIRL Roll Call No. 10; YEA on Roll Call No. 11; IN THE HOUSE OF REPRESENTATIVES SCOUT GOLD AWARD YEA on Roll Call No. 12; NAY on Roll Call No. 13; NAY on Roll Call No. 14. Wednesday, January 11, 2017 HON. PETE OLSON NAY on Roll Call No. 15; NAY on Roll Call Mr. HURD. Mr. Speaker, I rise today in rec- OF TEXAS No. 16; NAY on Roll Call No. 17; NAY on Roll ognition of the 25 year anniversary of Project IN THE HOUSE OF REPRESENTATIVES Call No. 18; NAY on Roll Call No. 19; NAY on Vida in El Paso, Texas. Roll Call No. 20; YEA on Roll Call No. 21; Wednesday, January 11, 2017 NAY on Roll Call No. 22; YEA on Roll Call No. Project Vida was founded in 1991 with the Mr. OLSON. Mr. Speaker, I rise today to 23. support of residents of El Paso’s Chamizal congratulate Alexis Champagne of Katy, TX, f neighborhood and the Presbyterian Church. for earning her Girl Scout Gold Award. The institution’s first goal was to support the The Gold Award is the highest achievement IN HONOR OF CHARLOTTE MOTOR community’s self-determined needs to help im- a Girl Scout can earn. To earn this distin- SPEEDWAY BEING NAMED ‘‘OUT- prove lives. Over the years, Project Vida has guished award, Alexis had to spend at least STANDING FACILITY OF THE expanded its services to provide dental and 80 hours developing and executing a project YEAR’’ behavioral health care; early childhood edu- that would benefit the community and have a cation and child care; affordable housing as long-term impact on girls as well. Her Gold HON. RICHARD HUDSON well as gang and homelessness prevention. award project was the launch of the Bob Cat OF NORTH CAROLINA The contributions of Project Vida have been Book Nook book sharing program at Garland IN THE HOUSE OF REPRESENTATIVES McMeans Jr High School in Cinco Ranch, TX. invaluable to the residents of El Paso’s Alexis hosted a book drive for two months, Wednesday, January 11, 2017 Chamizal neighborhood over the past 25 and she used donations to stock the book- Mr. HUDSON. Mr. Speaker, I rise today to years. There is no question that the program shelves of the Junior High School. Students recognize Charlotte Motor Speedway for being will continue to set the precedent for commu- can borrow and return books for free or re- named the Race Track Business Conference’s nity care. I am proud to represent such a dedi- place them with other books brought from ‘‘Outstanding Facility of the Year.’’ I am proud cated program and to congratulate its dedi- home. Alexis said the goal of the book nook to represent Charlotte Motor Speedway in cated staff and supporters on 25 years of is to help increase reading and lead to higher Congress, and I want to congratulate Marcus service to others.

VerDate Sep 11 2014 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JA8.015 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 11, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E51 RECOGNIZING PAUL BOOTH ON A ways ardent in his pursuit of a goal, he pro- H.R. 3010’s critics argue that the bill would LIFETIME OF PROGRESSIVE posed to her three days later. Together, impose new burdens on agencies, by inter- ACHIEVEMENT they’ve channeled their shared interests into posing additional analytic hurdles before agencies could adopt new regulations. First, The Midwest Academy, a training institute it is important to understand that the bill’s HON. JANICE D. SCHAKOWSKY committed to advancing the struggle for social, regulatory standards, and its analytic and OF ILLINOIS economic and racial justice. Paul continues to justification requirements, are not fun- IN THE HOUSE OF REPRESENTATIVES mentor the next generation of activists and damentally new—they have been previously fight for workers’ rights through his leadership developed and applied in Executive Orders Wednesday, January 11, 2017 in numerous projects and organizations, in- issued by Presidents Reagan, Clinton and Ms. SCHAKOWSKY. Mr. Speaker, today I cluding Jobs with Justice and Restaurant Op- Obama. The bill would effectively codify ex- isting principles and standards from these rise to recognize my friend Paul Booth for his portunities Centers United. lifetime of contributions to the progressive Executive Orders in law. Second, while agen- Paul has passed along his passion for so- cies would surely take the codified legal movement as an activist, organizer, mentor cial justice to his sons, Gene and Dan. They, standards and requirements very seriously, and leader. Throughout a remarkable career along with his daughters-in-law and five grand- and thus experience somewhat greater com- spanning more than half a century, his com- children, are a source of unending happiness pliance burdens, that is not necessarily un- mitment to giving voice to the voiceless has and pride. For Paul, I know that more time reasonable or unwarranted. We believe the been tenacious and unflagging. with all of them will be the best part of retire- American public would view such additional Born in 1943, Paul was raised in Wash- ment. safeguards as appropriate. ington, D.C. where he was imbued by his par- On a personal note, I want to express my To be clear, we do not oppose environ- mental, health, safety or economic regula- ents—a psychiatric social worker and a Social gratitude to Paul for being an inspiration, tion. Nor do we believe that only a regula- Security architect in the Roosevelt administra- teacher and, above all, a dear friend to me tion’s costs should be carefully tabulated tion—with a public service ethic. While attend- over the last many decades. and weighed. We agree that the benefits of ing Swarthmore College, Paul also became an For his devotion to family, progressive lead- many well-designed regulations can obvi- early leader, and eventually National Sec- ership and ceaseless advocacy for the dignity ously be highly valuable to society, and we retary, of Students for a Democratic Society, of all, I’m pleased to recognize Paul Booth recognize that sound regulations can cer- one of the most influential youth activism orga- and wish him the very best in life’s next chap- tainly reflect benefits that include intan- nizations in the nation’s history. He was instru- ter. gible, non-quantifiable values (such as envi- ronmental, moral, ethical, aesthetic, social, mental in crafting the Port Huron Statement, f human dignity, stewardship and other non- the clarion call of the student movement. In ANALYSIS OF H.R. 5 FROM THE pecuniary or practical factors). 1965, he organized the first march on Wash- 112TH CONGRESS Taken together, we believe that all such ington protesting the Vietnam War and the first costs and all such benefits must be rigor- sit-in at the Chase Manhattan Bank, bringing ously analyzed, assessed, justified and scruti- to light the bank’s affiliation with the pro-apart- HON. BOB GOODLATTE nized before significant new rules are im- heid regime in South Africa. OF VIRGINIA posed on the public, the economy, affected As a young man, Paul brought his dogged IN THE HOUSE OF REPRESENTATIVES parties and regulated entities. Quite simply, that is ‘‘accountability.’’ activism to the labor movement, serving as a Wednesday, January 11, 2017 The heads of regulatory agencies exercise researcher at the Adlai Stevenson Institute Mr. GOODLATTE. Mr. Speaker, I include in extensive delegated policymaking authority, and, beginning in 1966, as Research Director the RECORD an analysis of a previous version but are not directly accountable to the pub- for the United Packinghouse Workers of Amer- of H.R. 5 from the 112th Congress: lic through the democratic process. Accord- ica. Through Citizens Action Program, a major ingly, it is entirely reasonable, appropriate NOVEMBER 2, 2011. and, indeed, essential, for Congress to (i) progressive organizing force in Chicago where Re H.R. 3010, the Regulatory Accountability I first got to know him, Paul co-chaired the first specify in law more stringent criteria for Act of 2011 rulemaking, (ii) facilitate substantial Presi- Metropolitan Alinsky Organization. Hon. LAMAR SMITH, Chairman, dential oversight of agency regulations (in- It was in 1974 that Paul began his more Hon. JOHN CONYERS, Jr., Ranking Member, cluding those promulgated by ‘‘independent’’ than 40-year association with the American Committee on the Judiciary, House of Rep- agencies), (iii) enable more robust public Federation of State, County and Municipal resentatives, Washington, DC. participation in the rulemaking process, (iv) Employees (AFSCME). His innumerable con- DEAR MR. CHAIRMAN AND RANKING MEMBER require regulations to be based on more reli- tributions over the years—his strong leader- CONYERS: The undersigned practitioners and able data and other relevant inputs, and (v) ship, organizing skills and strategic acumen— scholars in the field of administrative law, provide for more effective judicial scrutiny and former regulatory officials in the White have made AFSCME a union powerhouse and of the final regulations. House, OMB and federal agencies, have re- Of course, Congress often delegates its pol- fundamentally improved the lives of millions of viewed the provisions of H.R. 3010, the Regu- icymaking power to agencies, and it is incon- working people. latory Accountability Act of 2011. H.R. 3010 trovertible that agencies’ rulemaking can Paul helped organize and found AFSCME would reform the Administrative Procedure often be as highly consequential and impor- Council 31 in Illinois. As its Assistant Director, Act’s rulemaking provisions to enhance the tant to the public as the congressionally en- Paul’s many accomplishments included secur- quality of federal regulation, enhance demo- acted laws themselves. But for that very rea- ing the first union contract for 40,000 state cratic accountability and oversight for ad- son, regulation must not be undertaken workers and 7,000 city of Chicago employees. ministrative policymaking, and improve pol- without very careful consideration and ob- icy outcomes for the American people. We He also negotiated historic pay-equity provi- servation of the most stringent procedures strongly support the Committee’s effort to and analysis. The fact that the bill’s require- sions for city workers. And as an ally of Mayor enhance the analysis, justification, trans- ments would embody existing regulatory re- Harold Washington, Paul helped defeat the old parency of, and participation in, federal rule- view duties and obligations (based on numer- patronage machine and build a diverse, multi- making, and we respectfully request that the ous Executive Orders) in the APA itself is racial union. Committee include this letter in the record. not objectionable. Before regulatory agen- In 1988, Paul brought his experience and In its current form, the Administrative cies impose new burdens on the public and expertise to AFSCME headquarters in Wash- Procedure Act (APA) does not adequately the economy, the agencies should spend the ington. There, as Director of Field Services, he regulate the federal rulemaking process. It time and make the effort to make sure they does not obligate agencies to rigorously de- laid the groundwork for the formation of get the balance right for the overall benefit fine and characterize the need for regulation. of society. AFSCME—United Nurses of America and It does not require agencies to identify the Accordingly, we view the Regulatory Ac- AFSCME—Corrections United. As Assistant to costs of regulations—including both compli- countability Act as serving the public well President Gerald McEntee and Executive As- ance costs and impacts imposed on the econ- by mandating in statutory text that new reg- sistant to President Lee Saunders, Paul omy and general welfare. It does not require ulations be thoroughly and meaningfully jus- helped shape the strategic goals of the union, agencies to carefully identify and assess the tified. Indeed, to the extent feasible, we as well as the labor movement as a whole. As benefits to be achieved by new regulations, would recommend that Congress avail itself he retires from AFSCME effective February and does not compel agencies to choose the of the same cost-benefit analysis prior to en- least burdensome, lowest-cost regulation 28, he leaves behind a rich legacy and a last- acting regulatory legislation so as to avoid that would achieve the statutory objectives. imposing unjustified regulatory mandates ing record of achievement. In short, the APA does not necessarily en- that agencies cannot fully resolve in the Paul met his partner in life and work, Heath- sure that agencies justify their regulations rulemaking process. er, 50 years ago at a University of Chicago in accordance with the highest standards the As noted above, far from imposing partisan anti-war sit-in that she helped organize. Al- public deserves. H.R. 3010 would correct this. or ideologically divisive requirements, H.R.

VerDate Sep 11 2014 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JA8.022 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E52 CONGRESSIONAL RECORD — Extensions of Remarks January 11, 2017 3010 embodies and implements a long- Such decisions are informed and improved predictability of judicial review of agency standing, bipartisan consensus on the proper by allowing interested members of the public action based on scientific evidence. This ap- principles of regulatory review and reform: to have a meaningful opportunity to partici- proach would be entirely congruent with the Presidents Reagan, George H.W. Bush, Clin- pate in rulemaking. Regulatory Accountability Act’s require- ton, George W. Bush and—most recently and To the extent permitted by law, such deci- ment that regulations be based on the best emphatically—President Obama, have all sions should be made only after consider- available science. Applying the Daubert issued or implemented Executive Orders call- ation of their costs and benefits (both quan- principles in judicial review of agency action ing for rigorous justification of the need for titative and qualitative). would allow courts to evaluate the scientific regulation, careful cost-benefit analysis be- Executive Order 13563 of January 18, 2011, methods and procedures employed by agen- fore imposing new regulatory requirements, ‘‘Improving Regulation and Regulatory Re- cies, but must not allow judges to substitute reliance on sound science, and selection of view,’’ directed to executive agencies, was their own policy preferences or conclusions the least burdensome regulatory alternatives meant to produce a regulatory system that for those chosen by the agencies. The courts’ that meet the relevant statutory objectives. protects ‘‘public health, welfare, safety, and review need not be heavy-handed; it can be H.R. 3010 would take those Executive our environment while promoting economic both deferential and probing, ensuring that Branch principles and codify them, thereby growth, innovation, competitiveness, and job agencies formulate and comply with proce- preserving in federal statutes the very values creation.’’ dures tailored to producing the best results, set forth in President Obama’s recent Orders: Independent regulatory agencies, no less while not dictating what those results must Our regulatory system must protect public than executive agencies, should promote be in any given case. health, welfare, safety, and our environment that goal. Incorporating, or adapting, Daubert prin- while promoting economic growth, innova- Executive Order 13563 set out general re- ciples into administrative law would im- prove agency decisionmaking and enhance tion, competitiveness, and job creation. quirements directed to executive agencies It must be based on the best available concerning public participation, integration accountability. Agencies would be compelled science. and innovation, flexible approaches, and to identify the most reliable and relevant It must allow for public participation and science. To the extent permitted by law, scientific evidence for the issue at hand and an open exchange of ideas. independent regulatory agencies should com- disclose the default assumptions, policy It must identify and use the best, most in- ply with these provisions as well. choices, and factual uncertainties therein. novative, and least burdensome tools for Indeed, the Regulatory Accountability Act Applying Daubert in the administrative con- achieving regulatory ends. would implement President Obama’s recent text would refine judicial review of agency It must take into account benefits and call for ‘‘public participation and open ex- science, resulting in greater consistency and costs, both quantitative and qualitative. change’’ before a rule is proposed. Specifi- rigor. We also believe that it is reasonable that Each agency must, among other things: cally, H.R. 3010 would create an Advance No- (1) propose or adopt a regulation only upon tice of Proposed Rulemaking stage for major H.R. 3010 would expose more agency pro- nouncements, such as agency guidance docu- a reasoned determination’ that its benefits rules ($100M+). In this early notice, the agen- ments, to more rigorous standards. Specifi- justify its costs (recognizing that some bene- cy would identify the problem it wishes to cally, the bill would adopt the good-guidance fits and costs are difficult to quantify); address through regulation and articulate practices issued by OMB in 2007 (under then- (2) tailor its regulations to impose the the specific legal authority for doing so; dis- Director, and now Senator, Portman). Such least burden on society, consistent with ob- close its preliminary views on the direction agency guidance would be clearly noted as taining regulatory objectives, taking into of the prospective regulation, and provide in- ‘‘non-binding,’’ and would not be entitled to account, among other things, and to the ex- formation concerning possible regulatory al- ternatives; and invite the public to submit substantial judicial deference. tent practicable, the costs of cumulative reg- The heart of the bill is to build cost-benefit written comments on these issues. While this ulations; analysis principles into each step of the rule- adds a step in the regulatory process, it is (3) select, in choosing among alternative making process—proposed rule, final rule, one that allows interested parties a greater regulatory approaches, those approaches and judicial review. As noted earlier, these opportunity to help the agency reach a that maximize net benefits (including poten- principles are drawn from Executive Orders sound outcome. tial economic, environmental, public health issued by Presidents Reagan and Clinton and The bill would also obligate agencies to and safety, and other advantages; distribu- emphatically reaffirmed by President rely on better scientific and technical data. tive impacts; and equity); Obama. The bill would make those principles While agencies must exercise their expert (4) to the extent feasible, specify perform- permanent, enforceable and applicable to judgment, it is impossible to argue against ance objectives, rather than specifying the independent agencies. Compliance with these the proposition that they should use the best behavior or manner of compliance that regu- codified requirements would be subject to ju- data and other inputs available. Affected lated entities must adopt; and dicial review. (5) identify and assess available alter- parties can invoke judicial and administra- Significantly, the bill would require agen- natives to direct regulation, including pro- tive remedies to ensure that agencies rely on cies to adopt the ‘‘least costly alternative viding economic incentives to encourage the scientific and technical evidence that meets that will achieve the objectives of the stat- desired behavior, such as user fees or mar- the standards of the Information Quality ute authorizing the rule.’’ It permits agen- ketable permits, or providing information Act. This is, of course, consistent with Presi- cies to adopt a more costly approach only if upon which choices can be made by the pub- dent Obama’s call for regulating ‘‘based on the agency demonstrates that the added lic. the best available science.’’ This is unassail- costs justify the benefits and that the more Regulations shall be adopted through a able. If agencies cannot disclose and defend costly rule is needed to address interests of process that involves public participation. the data they rely on as being the best avail- public health, safety, and welfare that are Each agency, consistent with Executive able, they cannot possibly be confident clearly within the scope of the statute. This Order 12866 and other applicable legal re- enough in their regulatory analysis to im- is consistent with the White House’s recent quirements, shall endeavor to provide the pose new requirements on the basis of the instruction to federal agencies to ‘‘minimize public with an opportunity to participate in data at their disposal. regulatory costs’’ and the President’s direc- the regulatory process. The Committee may also wish to consider tive to ‘‘tailor regulations to impose the Each agency shall also provide, for both the possible application, or adaptation, of least burden on society.’’ (Exec. Order 13,563) proposed and final rules, timely online ac- the Supreme Court’s decision in Daubert v. For high impact, billion-dollar rules, addi- cess to the rulemaking docket on regula- Merrell Dow Pharmaceuticals, Inc., in the tional procedures would apply—which seems tions.gov, including relevant scientific and regulatory context. In Daubert, the Court entirely reasonable given the resulting con- technical findings, in an open format that empowered federal judges to reject irrele- sequences for the public and the economy. can be easily searched and downloaded. vant or unreliable scientific evidence, thus Most importantly, affected parties will have Before issuing a notice of proposed rule- providing the judiciary a mandate to foster access to a fair and open forum to question making, each agency, where feasible and ap- ‘‘good science’’ in the courtroom and to re- the accuracy of the views, evidence, and as- propriate, shall seek the views of those who ject expert testimony not grounded in sci- sumptions underlying the agency’s proposal. are likely to be affected, including those who entific methods and procedures. Some fed- The hearing would focus on (1) whether there are likely to benefit from and those who are eral agencies have been criticized for lacking is a lower-cost alternative that would potentially subject to such rulemaking. a commitment to sound science. Too often, achieve the policy goals set out by Congress Each agency shall identify and consider federal courts have accorded great deference (or a need that justifies an higher cost than regulatory approaches that reduce burdens to uphold agency decisions that may have otherwise necessary); (2) whether the agen- and maintain flexibility and freedom of been based on faulty scientific evidence or cy’s evidence is backed by sound scientific, choice for the public. unsupported assumptions and conclusions. technical and economic data, consistent with Each agency shall ensure the objectivity of Daubert principles could be applied to the the Information Quality Act; (3) any issues any scientific and technological information review of agency rulemaking under the APA that the agency believes would advance the and processes used to support the agency’s because these principles are consistent with process. Parties affected by major rules regulatory actions. the APA requirement that agencies engage ($100M+) would also have access to hearings, Wise regulatory decisions depend on public in reasoned decisionmaking, would assure unless the agency concludes that the hearing participation and on careful analysis of the better documentation of agencies’ scientific would not advance the process or would un- likely consequences of regulation. decisions, and would enhance the rigor and reasonably delay the rulemaking.

VerDate Sep 11 2014 06:05 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JA8.023 E11JAPT1 SSpencer on DSK4SPTVN1PROD with REMARKS January 11, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E53 Following the hearing prescribed in the protective of innovation and job creation. meetings and hearings of Senate com- bill, high-impact rules would be reviewed Perhaps most importantly, independent mittees, subcommittees, joint commit- under a slightly higher standard in court— agencies should also make sure that there is tees, and committees of conference. so-called ‘‘substantial evidence’’ review. a real problem that needs to be solved before This title requires all such committees While this standard is still highly deferential regulating, and then choose the least burden- to the agency’s judgments, it allows a court some regulatory alternative that prevents or to notify the Office of the Senate Daily reviewing major rules to ensure that an abates that harm. The bill currently before Digest—designated by the Rules Com- agency’s justifications are supported by Congress should thus make clear—not only mittee—of the time, place and purpose ‘‘evidence that a reasonable mind could ac- that independent agencies are subject to the of the meetings, when scheduled and cept as adequate to support a conclusion salutary standards of cost-benefit analysis any cancellations or changes in the based on the record as a whole.’’ and rigorous policy justification—but also, meetings as they occur. We understand that these additional re- that the President has the power and respon- As an additional procedure along view and analysis requirements are not per- sibility to review and control all such Execu- with the computerization of this infor- functory and may not be easy for agencies to tive Branch rulemaking. accomplish. However, we believe that be- While we endorse the bill’s proposed codi- mation, the Office of the Senate Daily cause of the extensive delegation of essen- fication of regulatory standards, analytic Digest will prepare this information for tially legislative authority from Congress criteria, and accountability principles, we printing in the Extensions of Remarks and policymaking discretion that agencies would also recommend that Congress con- section of the CONGRESSIONAL RECORD exercise, and the substantial deference that sider incorporating the prospectively dupli- on Monday and Wednesday of each agencies enjoy from the courts, the public cative provisions of the Regulatory Flexi- week. deserves more analysis and justification be- bility Act (with regard to cost-benefit anal- Meetings scheduled for Thursday, fore agencies acts. Moreover, we believe that ysis for small business) and the Unfunded the public also expects the President to in- Mandates Reform Act (with regard to cost- January 12, 2017 may be found in the fluence and control rulemaking by all fed- benefit analysis and minimization of burdens Daily Digest of today’s RECORD. eral agencies, and thus we support greater on states, tribes and private sector; though centralized White House review of agency UMRA does not currently apply to inde- MEETINGS SCHEDULED regulations—including independent agen- pendent agencies). Moreover, as previously JANUARY 17 cies—on behalf of the President by the Office noted, we also believe the bill should specifi- 10 a.m. of Information and Regulatory Affairs at cally authorize the President to oversee rule- Committee on Energy and Natural Re- OMB (in the Executive Office of the Presi- making by independent agencies. The Presi- sources dent). We believe the bill, which clearly ap- dent’s responsibility to oversee independent To hold hearings to examine the nomina- plies its regulatory standards to independent regulatory agencies, like the Consumer Fi- tion of Ryan Zinke, of Montana, to be agencies, should also make clear that the nancial Protection Board, for example, Secretary of the Interior. President is responsible for, and entitled to would ensure that the regulations adopted SD–366 review, the rules issued by independent agen- by such agencies are in the overall best in- 5 p.m. cies such as the SEC, CFTC, FCC, FTC, terest of the American people. Committee on Health, Education, Labor, CPSC, CFPB, etc. Thank you for considering our views. and Pensions The need for such Presidential authority is Respectfully submitted, To hold hearings to examine the nomina- manifest. For example, in a recent case be- Alan Charles Raul, Former Vice Chairman, tion of Betsy DeVos, of Michigan, to be fore the U.S. Court of Appeals for the D.C. White House Privacy and Civil Liberties Secretary of Education. Circuit, In re Aiken County, the presi- Oversight Board, Former General Counsel, SD–430 dentially controlled Department of Energy U.S. Department of Agriculture, Former and the independent Nuclear Regulatory General Counsel, Office of Management and Commission did not actually agree on the Budget, Former Associate Counsel to the JANUARY 18 merits of how to handle nuclear waste at President. 10 a.m. Yucca Mountain. This prompted Circuit C. Boyden Gray, Boyden Gray & Associ- Committee on Commerce, Science, and Judge Brett Kavanaugh to explain why the ates, Former Ambassador to the European Transportation lack of presidential authority and control is Union, Former Counsel to the President, To hold hearings to examine the nomina- constitutionally and politically dubious. Former Counsel to the Vice President. tion of Wilbur L. Ross, Jr., to be Sec- Quoting both Alexander Hamilton in the James C. Miller III, Former Director of the retary of Commerce. Federalist Papers and the Supreme Court in Office of Management and Budget, Former SD–G50 PCAOB, he wrote that ‘‘the issue created by Chairman of the Federal Trade Commission, Committee on Environment and Public Humphrey’s Executor is that the President’s Former Administrator of the Office of Infor- Works decision on the Yucca Mountain issue is not mation And Regulatory Affairs, OMB. To hold hearings to examine the nomina- the final word in the Executive Branch. In David L. Bernhardt, Former Solicitor, De- tion of Scott Pruitt, of Oklahoma, to other cases, the issue created by Humphrey’s partment of the Interior. be Administrator of the Environmental Executor is that it allows Presidents to Adam J. White, Boyden Gray & Associates. Protection Agency. avoid making important decisions or to Eileen J. O’Connor, Former Assistant At- SD–406 avoid taking responsibility for decisions torney General, Tax Division, U.S. Depart- Committee on Foreign Relations made by independent agencies. When inde- ment of Justice. To hold hearings to examine the nomina- pendent agencies make such important deci- Daren Bakst, Director of Legal and Regu- tion of Nikki R. Haley, of South Caro- sions, no elected official can be held account- latory Studies, John Locke Foundation. lina, to be the Representative of the able and the people ‘‘cannot ‘determine on Jeffrey R. Holmstead, Former Assistant United States of America to the United whom the blame or the punishment of a per- Administrator of the Environmental Protec- Nations, with the rank and status of nicious measure, or series of pernicious tion Agency for Air and Radiation, Former Ambassador, and the Representative of measures ought really to fall.’ ’’ Associate Counsel to the President. the United States of America in the Se- President Obama has acknowledged the Jeffrey Bossert Clark, Former Deputy As- curity Council of the United Nations, importance of Presidential review of inde- sistant Attorney General, Environment & and to be Representative of the United pendent agency rulemaking in recent, July Natural Resources Division, United States States of America to the Sessions of 11, Executive Order. (Executive Order, 13,579) Department of Justice. the General Assembly of the United His Order requests (but does not command) David R. Hill, Former General Counsel, Nations during her tenure of service as that the independent agencies to submit the U.S. Department of Energy. Representative to the United Nations. regulations they issue to the same principles SD–419 f applicable throughout the parts of the Exec- Committee on Health, Education, Labor, utive Branch for which he is directly ac- SENATE COMMITTEE MEETINGS and Pensions countable. Specifically, independent agen- To hold hearings to examine the nomina- cies are now asked to scrutinize existing and Title IV of Senate Resolution 4, tion of Tom Price, of Georgia, to be future regulations in accordance with cost- agreed to by the Senate of February 4, Secretary of Health and Human Serv- benefit analysis. He also asks them to assure 1977, calls for establishment of a sys- ices. that regulatory policy is cost-effective and tem for a computerized schedule of all SD–430

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HIGHLIGHTS Senate agreed to S. Con. Res. 3, Budget Resolution. Senate surance coverage, in a manner that would result in Chamber Action reduced revenue to hospitals, health care centers, and Routine Proceedings, pages S223–S295 physicians and other health care providers, thereby Measures Introduced: Thirteen bills were intro- reducing their investments in health care delivery duced, as follows: S. 94–106. Page S276 system reforms that improve patient health outcomes and reduce costs. Pages S253–54, S263 Measures Passed: Sanders (for Coons) Amendment No. 126, to cre- Budget Resolution: By 51 yeas to 48 nays (Vote ate a point of order against legislation that would No. 26), Senate agreed to S. Con. Res. 3, setting permit lifetime limits on health care coverage. forth the congressional budget for the United States Pages S253–54, S263 Government for fiscal year 2017 and setting forth During consideration of this measure today, Senate the appropriate budgetary levels for fiscal years 2018 also took the following action: through 2026, after taking action on the following By 47 yeas to 51 nays (Vote No. 7), three-fifths amendments proposed thereto: Pages S224–72 of those Senators duly chosen and sworn not having Rejected: voted in the affirmative, Senate rejected the motion By 46 yeas to 52 nays (Vote No. 20), Klobuchar/ to waive section 305(b)(2) of the Congressional Sanders Amendment No. 178, to establish a deficit- Budget Act of 1974 with respect to Sanders (for neutral reserve fund relating to lowering prescription Nelson) Amendment No. 13, to create a point of drug prices for Americans by importing drugs from order against legislation that would repeal health re- Canada. Pages S261–62 forms that closed the prescription drug coverage gap Withdrawn: under Medicare. Subsequently, the point of order Corker Amendment No. 106, to set an appro- that the amendment was in violation of Section priate date for the reporting of a reconciliation bill 305(b)(2) of the Congressional Budget Act of 1974 in the Senate. Pages S257–58, S263 was sustained, and thus the amendment fell. Klobuchar/Sanders Amendment No. 172, to estab- Pages S249–51, S251–52 lish a deficit-neutral reserve fund relating to low- By 48 yeas to 50 nays (Vote No. 8), three-fifths ering prescription drug prices for Americans by im- of those Senators duly chosen and sworn not having porting drugs from Canada and other countries. voted in the affirmative, Senate rejected the motion Pages S249–51, S263 to waive section 305(b)(2) of the Congressional Sanders (for Manchin) Amendment No. 63, to cre- Budget Act of 1974 with respect to Sanders (for ate a point of order against legislation that would re- King) Amendment No. 60, to create a point of order duce access to substance use disorder treatment and against legislation that would reduce health insur- worsen the opioid abuse epidemic. ance access and affordability for individuals based on Pages S249–51, S263 their occupation. Subsequently, the point of order Sanders (for Stabenow) Amendment No. 94, to that the amendment was in violation of Section create a point of order against legislation that would 305(b)(2) of the Congressional Budget Act of 1974 reduce or eliminate access to mental health care. was sustained, and thus the amendment fell. Pages S249–51, S263 Pages S249–51, S252 Sanders (for Cantwell) Amendment No. 143, to By 51 yeas to 47 nays (Vote No. 9), three-fifths create a point of order against any changes to the of those Senators duly chosen and sworn not having Medicare program, the Medicaid program, or the voted in the affirmative, Senate rejected the motion number of Americans enrolled in private health in- to waive all applicable sections of the Congressional D34

VerDate Sep 11 2014 10:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JA7.REC D11JAPT1 SSpencer on DSK4SPTVN1PROD with DIGEST January 11, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D35 Budget Act of 1974, and applicable budget resolu- Budget Act of 1974 with respect to Enzi (for Flake) tions, with respect to Enzi (for Barrasso) Amendment Amendment No. 176, to establish a deficit-neutral No. 173, to establish a deficit-neutral reserve fund reserve fund relating to enhancing health care and relating to rural health and repealing and replacing housing for veterans and their dependents by repeal- the Affordable Care Act. Subsequently, the point of ing the Affordable Care Act, facilitating medical fa- order that the amendment was in violation of Sec- cility leases, and prohibiting the Secretary of Vet- tion 305(b)(2) of the Congressional Budget Act of erans Affairs from employing individuals who have 1974 was sustained, and thus the amendment fell. been convicted of a felony and medical personnel Pages S251, S252–53 who have ever had their medical licenses or creden- By 51 yeas to 47 nays (Vote No. 10), three-fifths tials revoked or suspended. Subsequently, the point of those Senators duly chosen and sworn not having of order that the amendment was in violation of Sec- voted in the affirmative, Senate rejected the motion tion 305(b)(2) of the Congressional Budget Act of to waive section 305(b)(2) of the Congressional 1974 was sustained, and thus the amendment fell. Budget Act of 1974 with respect to Sanders (for Pages S254, S256 Manchin) Amendment No. 64, to create a point of By 48 yeas to 50 nays (Vote No. 14), three-fifths order against legislation that would harm rural hos- of those Senators duly chosen and sworn not having pitals and health care providers. Subsequently, the voted in the affirmative, Senate rejected the motion point of order that the amendment was in violation to waive section 305(b)(2) of the Congressional of Section 305(b)(2) of the Congressional Budget Act Budget Act of 1974 with respect to Sanders (for of 1974 was sustained, and thus the amendment fell. Tester) Amendment No. 104, to create a point of Pages S249–51, S254 order against legislation that would limit veterans’ By 51 yeas to 47 nays (Vote No. 11), three-fifths ability to choose VA health care. Subsequently, the of those Senators duly chosen and sworn not having point of order that the amendment was in violation voted in the affirmative, Senate rejected the motion of Section 305(b)(2) of the Congressional Budget Act to waive all applicable sections of the Congressional of 1974 was sustained, and thus the amendment fell. Budget Act of 1974, and applicable budget resolu- Pages S249–51, S256–57 tions, with respect to Enzi (for Heller) Amendment By 49 yeas to 49 nays (Vote No. 15), three-fifths No. 167, to establish a deficit-neutral reserve fund of those Senators duly chosen and sworn not having relating to strengthening Social Security and repeal- voted in the affirmative, Senate rejected the motion ing the Affordable Care Act, and replacing it with to waive section 305(b)(2) of the Congressional patient-centered, step-by-step health reforms that Budget Act of 1974 with respect to Sanders (for provide access to quality, affordable private health Casey) Amendment No. 61, to create a point of care coverage for all Americans and their families by order against legislation relating to people with dis- increasing competition, State flexibility and indi- abilities and chronic conditions. Subsequently, the vidual choice, and safeguarding consumer protections point of order that the amendment was in violation that Americans support. Subsequently, the point of of Section 305(b)(2) of the Congressional Budget Act order that the amendment was in violation of Sec- of 1974 was sustained, and thus the amendment fell. tion 305(b)(2) of the Congressional Budget Act of Pages S249–51, S257 1974 was sustained, and thus the amendment fell. By 47 yeas to 51 nays (Vote No. 16), three-fifths Page S254 of those Senators duly chosen and sworn not having By 48 yeas to 50 nays (Vote No. 12), three-fifths voted in the affirmative, Senate rejected the motion of those Senators duly chosen and sworn not having to waive all applicable sections of the Congressional voted in the affirmative, Senate rejected the motion Budget Act of 1974, and applicable budget resolu- to waive section 305(b)(2) of the Congressional tions, with respect to Enzi (for Barrasso) Amendment Budget Act of 1974 with respect to Sanders (for No. 181, to establish a deficit-neutral reserve fund Baldwin) Amendment No. 81, to create a point of relating to strengthening Social Security and repeal- order against legislation relating to the health of ing the Affordable Care Act and replacing it with young people. Subsequently, the point of order that patient-centered, step-by-step health reforms that the amendment was in violation of Section 305(b)(2) provide access to quality, affordable private health of the Congressional Budget Act of 1974 was sus- care coverage for all Americans, including people tained, and thus the amendment fell. with disabilities and chronic conditions, and their Pages S249–51, S255 families, by increasing competition, State flexibility, By 50 yeas to 48 nays (Vote No. 13), three-fifths and individual choice, and safeguarding consumer of those Senators duly chosen and sworn not having protections, such as a ban on lifetime limits, that voted in the affirmative, Senate rejected the motion Americans support. Subsequently, the point of order to waive all applicable sections of the Congressional that the amendment was in violation of Section

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Page S262 Pages S258–59 By 52 yeas to 46 nays (Vote No. 22), three-fifths By 51 yeas to 47 nays (Vote No. 17), three-fifths of those Senators duly chosen and sworn not having of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected the motion voted in the affirmative, Senate rejected the motion to waive all applicable sections of the Congressional to waive all applicable sections of the Congressional Budget Act of 1974, and applicable budget resolu- Budget Act of 1974, with respect to Enzi (for tions, with respect to Fischer Amendment No. 184, Hatch) Amendment No. 179, to establish a deficit- to establish a deficit-neutral reserve fund relating to neutral reserve fund relating to reforming housing strengthening Social Security or health care for and Medicaid without prioritizing able-bodied adults women, which may include strengthening commu- over the disabled or raiding Medicare Trust Funds to nity health centers, and repealing and replacing the pay for new government programs. Subsequently, the Affordable Care Act. Subsequently, the point of point of order that the amendment was in violation order that the amendment was in violation of Sec- of Section 305(b)(2) of the Congressional Budget Act tion 305(b)(2) of the Congressional Budget Act of of 1974 was sustained, and thus the amendment fell. 1974 was sustained, and thus the amendment fell. Pages S258–60 Pages S263–64 By 48 yeas to 50 nays (Vote No. 18), three-fifths By 49 yeas to 49 nays (Vote No. 23), three-fifths of those Senators duly chosen and sworn not having of those Senators duly chosen and sworn not having voted in the affirmative, Senate rejected the motion voted in the affirmative, Senate rejected the motion to waive all applicable sections of the Congressional to waive section 305(b)(2) of the Congressional Budget Act of 1974, with respect to Sanders (for Budget Act of 1974 with respect to Sanders (for Menendez) Amendment No. 83, to create a point of Gillibrand) Amendment No. 82, to create a point of order against legislation that would eliminate or re- order against legislation relating to women’s health. Subsequently, the point of order that the amendment duce Federal funding to States under the Medicaid was in violation of Section 305(b)(2) of the Congres- expansion. Subsequently, the point of order that the sional Budget Act of 1974 was sustained, and thus amendment was in violation of Section 305(b)(2) of the amendment fell. Pages S249–51, S263–64 the Congressional Budget Act of 1974 was sustained, By 51 yeas to 47 nays (Vote No. 24), three-fifths and thus the amendment fell. Pages S249–51, S260 of those Senators duly chosen and sworn not having By 49 yeas to 49 nays (Vote No. 19), three-fifths voted in the affirmative, Senate rejected the motion of those Senators duly chosen and sworn not having to waive all applicable sections of the Congressional voted in the affirmative, Senate rejected the motion Budget Act of 1974, with respect to Enzi (for to waive all applicable sections of the Congressional Hatch) Amendment No. 180, to establish a deficit- Budget Act of 1974, and applicable budget resolu- neutral reserve fund relating to strengthening Social tions, with respect to Alexander Amendment No. Security and repealing and replacing the Affordable 174, to strengthen Social Security and Medicare Care Act with reforms that strengthen Medicaid and without raiding them to pay for new government the Children’s Health Insurance Program without programs, to reform Medicaid without prioritizing prioritizing able-bodied adults over the disabled or able-bodied adults over the disabled, and to ensure children and lead to patient-centered, step-by-step that any importation does not increase risk to public health reforms that provide access to quality, afford- health according to the Secretary of Health and able private health care coverage for all Americans Human Services. Subsequently, the point of order and their families by increasing competition, State that the amendment was in violation of Section flexibility, and individual choice, and safeguarding 305(b)(2) of the Congressional Budget Act of 1974 consumer protections that Americans support. Subse- was sustained, and thus the amendment fell. quently, the point of order that the amendment was Pages S260–61 in violation of Section 305(b)(2) of the Congressional By 47 yeas to 51 nays (Vote No. 21), three-fifths Budget Act of 1974 was sustained, and thus the of those Senators duly chosen and sworn not having amendment fell. Pages S263–65 voted in the affirmative, Senate rejected the motion By 49 yeas to 49 nays (Vote No. 25), three-fifths to waive section 305(b)(2) of the Congressional of those Senators duly chosen and sworn not having Budget Act of 1974 with respect to Wyden Amend- voted in the affirmative, Senate rejected the motion ment No. 188, to create a point of order against leg- to waive section 305(b)(2) of the Congressional islation that does not lower drug prices. Subse- Budget Act of 1974 with respect to Sanders (for quently, the point of order that the amendment was Brown) Amendment No. 86, to create a point of in violation of Section 305(b)(2) of the Congressional order against legislation that would undermine the

VerDate Sep 11 2014 10:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11JA7.REC D11JAPT1 SSpencer on DSK4SPTVN1PROD with DIGEST January 11, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D37 historic coverage gains the United States has made nomination of Elaine L. Chao, to be Secretary of in children’s health, which have resulted in the low- Transportation, after the nominee, who was intro- est uninsured rate for children in the Nation’s his- duced by Senators McConnell and Paul, testified and tory. Subsequently, the point of order that the answered questions in her own behalf. amendment was in violation of Section 305(b)(2) of the Congressional Budget Act of 1974 was sustained, NOMINATION and thus the amendment fell. Pages S253–54, S265 Committee on Foreign Relations: Committee concluded Message from the President: Senate received the a hearing to examine the nomination of Rex Wayne following message from the President of the United Tillerson, of Texas, to be Secretary of State, after the States: nominee, who was introduced by Senators Cornyn Transmitting, pursuant to law, the 2016 National and Cruz, and former Senator Sam Nunn, testified Drug Control Strategy; which was referred to the and answered questions in his own behalf. Committee on the Judiciary. (PM–1) Pages S273–74 BUSINESS MEETING Messages from the House: Page S274 Committee on Foreign Relations: Committee ordered fa- Measures Referred: Page S274 vorably reported protocol to the North Atlantic Executive Communications: Pages S274–76 Treaty of 1949 on the Accession of Montenegro Additional Cosponsors: Pages S276–80 (Treaty Doc. 114–12). Statements on Introduced Bills/Resolutions: NOMINATION Pages S280–81 Committee on the Judiciary: Committee concluded a Additional Statements: Page S273 hearing to examine the nomination of Jeff Sessions, Amendments Submitted: Pages S281–95 of Alabama, to be Attorney General, Department of Authorities for Committees to Meet: Page S295 Justice, after receiving testimony from Senator Book- er; Representatives John Lewis and Richmond; Mi- Privileges of the Floor: Page S295 chael B. Mukasey, former Attorney General, and Record Votes: Twenty record votes were taken Larry Thompson, former Deputy Attorney General, today. (Total—26) both of the Department of Justice, Chuck Canter- Pages S252–57, S259–62, S264–65, S268 bury, Fraternal Order of Police, David Cole, Amer- Adjournment: Senate convened at 12 noon on ican Civil Liberties Union, and William Smith, Wednesday, January 11, 2017 and adjourned at 1:36 former Chief Counsel, Administrative Oversight and a.m. on Thursday, January 12, 2017, until 12:30 the Courts Subcommittee, Senate Judiciary Com- p.m. on the same day. (For Senate’s program, see the mittee, all of Washington, D.C.; Peter Kirsanow, remarks of the Acting Majority Leader in today’s United States Commission on Civil Rights, Cleve- Record on page S295.) land, Ohio; Amita Swadhin, Mirror Memoirs, Los Angeles, California; Jayann Sepich, DNA Saves, Committee Meetings Carlsbad, New Mexico; Cornell William Brooks, Na- tional Association for the Advancement of Colored (Committees not listed did not meet) People, Baltimore, Maryland; Willie Huntley, former Assistant United States Attorney, Southern District NOMINATION of Alabama, Mobile; Jesse Seroyer, former United Committee on Commerce, Science, and Transportation: States Marshal, Middle District of Alabama, Mont- Committee concluded a hearing to examine the gomery; and Oscar Vazquez, Fort Worth, Texas. h House of Representatives

Additional Cosponsors: Page H392 Chamber Action Reports Filed: There were no reports filed today. Public Bills and Resolutions Introduced:30 pub- lic bills, H.R. 431–460; 1 private bill, H.R. 461; Speaker: Read a letter from the Speaker wherein he and 2 resolutions, H. Res. 44–45, were introduced. appointed Representative Fleischmann to act as Pages H389–91 Speaker pro tempore for today. Page H303

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Recess: The House recessed at 11:29 a.m. and re- ability of major rules by requiring retrospective re- convened at 12 noon. Page H312 view and report; Pages H352–54 Securities and Exchange Commission Regulatory Young (IA) amendment (No. 7 printed in part A Accountability Act and Commodity End-User of H. Rept. 115–2) that allows for sufficient time (at Relief Act—Rule for consideration: The House least 90 days) for affected entities to take steps to agreed to H. Res. 40, providing for consideration of comply with issued guidance; Pages H354–55 the bill (H.R. 78) to improve the consideration by Posey amendment (No. 16 printed in part A of the Securities and Exchange Commission of the costs H. Rept. 115–2) that requires federal agencies to re- and benefits of its regulations and orders; and pro- port on influential scientific information and associ- viding for consideration of the bill (H.R. 238) to re- ated peer reviews disseminated or to be disseminated authorize the Commodity Futures Trading Commis- in a rulemaking proceeding; Pages H362–64 sion, to better protect futures customers, to provide Goodlatte amendment (No. 1 printed in part A of end-users with market certainty, to make basic re- H. Rept. 115–2) that revises section 2 of title II of forms to ensure transparency and accountability at the bill to restrain unwarranted interpretation of am- the Commission, to help farmers, ranchers, and end- biguous statutes to find implied delegations of legis- users manage risks, and to help keep consumer costs lative rulemaking authority, and of ambiguous stat- low, by a recorded vote of 233 ayes to 170 noes, utes and regulations to expansively extend agency Roll No. 33, after the previous question was ordered authority (by a recorded vote of 237 ayes to 185 by a yea-and-nay vote of 232 yeas to 168 nays, Roll noes, Roll No. 35); and Pages H344–47, H364 No. 32. Pages H316–22 Peterson amendment (No. 5 printed in part A of Suspension—Proceedings Resumed: The House H. Rept. 115–2) that prohibits agencies from impar- agreed to suspend the rules and pass the following tially communicating with the public in order to measure which was debated on Tuesday, January generate support or opposition to a proposed rule (by 10th: a recorded vote of 260 ayes to 161 noes, Roll No. Tested Ability to Leverage Exceptional National 36). Pages H351–52, H364–65 Talent Act of 2017: H.R. 39, to amend title 5, Rejected: United States Code, to codify the Presidential Inno- Vela´zquez amendment (No. 4 printed in part A of vation Fellows Program, by a 2⁄3 yea-and-nay vote of H. Rept. 115–2) that sought to strike Title III of 386 yeas to 17 nays, Roll No. 34. Pages H322–23 the bill and replaces it with alternative language that reforms the Regulatory Flexibility Act to reduce Regulatory Accountability Act of 2017: The the burden of regulations on small businesses; House passed H.R. 5, to reform the process by Pages H349–51 which Federal agencies analyze and formulate new Castor (FL) amendment (No. 8 printed in part A regulations and guidance documents, to clarify the of H. Rept. 115–2) that sought to ensure that any nature of judicial review of agency interpretations, rule intended to protect public health and welfare is and to ensure complete analysis of potential impacts exempted from the requirements of this act (by a re- on small entities of rules, by a yea-and-nay vote of corded vote of 189 ayes to 231 noes, Roll No. 37); Pages H323–72 238 yeas to 183 nays, Roll No. 45. Pages H355–56, H365–66 Rejected the Demings motion to recommit the Cicilline amendment (No. 9 printed in part A of bill to the Committee on the Judiciary with instruc- H. Rept. 115–2) that sought to provide for the pre- tions to report the same back to the House forthwith vention of the transmission of foodborne illness or to with an amendment, by a recorded vote of 190 ayes meet preventive-control requirements for food safety to 233 noes, Roll No. 44. Pages H370–71 (by a recorded vote of 190 ayes to 232 noes, Roll Agreed to: No. 38); Pages H356–57, H366 Chaffetz amendment (No. 2 printed in part A of Johnson (GA) amendment (No. 10 printed in part H. Rept. 115–2) that establishes a timeline by A of H. Rept. 115–2) that sought to exempt rules which the Office of Information and Regulatory Af- that significantly improve the employment, reten- fairs must issue guidelines under title I of the bill; tion, and wages of workforce participants, especially Pages H347–48 those with significant barriers to employment, such Chabot amendment (No. 3 printed in part A of as persons with disabilities or limited English pro- H. Rept. 115–2) that requires an agency to include ficiency (by a recorded vote of 188 ayes to 234 noes, an economic assessment or a summary of it when an Roll No. 39); Pages H357–58, H366–67 agency certifies that a proposed rule will not have a Ruiz amendment (No. 11 printed in part A of H. ‘‘significant economic impact on a substantial num- Rept. 115–2) that sought to exempt rules pertaining ber of small entities’’ under the Regulatory Flexi- to the safety of children’s products or toys (by a re- bility Act; this will ensure an agency’s decision to corded vote of 190 ayes to 233 noes, Roll No. 40); certify a rule and not conduct a full regulatory flexi- Pages H358–59, H367–68 bility analysis is supported by data; Pages H348–49 Scott (VA) amendment (No. 12 printed in part A Graves (LA) amendment (No. 6 printed in part A of H. Rept. 115–2) that sought to exempt from this of H. Rept. 115–2) that provides agency account- bill a rule which pertains to workplace health and

VerDate Sep 11 2014 10:38 Jan 12, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 5627 E:\CR\FM\D11JA7.REC D11JAPT1 SSpencer on DSK4SPTVN1PROD with DIGEST January 11, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D39 safety and that is necessary to prevent or reduce the incidence of traumatic injury, cancer or irreversible Committee Meetings lung disease at mining facilities which are subject to ORGANIZATIONAL MEETING the Federal Mine Safety and Health Act of 1977 (30 Committee on House Administration: Full Committee USC 801, et seq.) or workplaces which are subject held an organizational meeting for the 115th Con- to the Occupational Safety and Health Act (29 USC gress. The committee adopted its rules, oversight 651 et seq.) (by a recorded vote of 195 ayes to 227 and authorization plan, and parking plan for the noes, Roll No. 41); Pages H359–60, H368 115th Congress. Tonko amendment (No. 13 printed in part A of H. Rept. 115–2) that sought to ensure that any rules made under the ‘‘Frank R. Lautenberg Chem- Joint Meetings ical Safety for the 21st Century Act,’’ are exempted No joint committee meetings were held. from this act (by a recorded vote of 188 ayes to 235 f noes, Roll No. 42); and Pages H360–61, H368–69 COMMITTEE MEETINGS FOR THURSDAY, Grijalva amendment (No. 14 printed in part A of JANUARY 12, 2017 H. Rept. 115–2) that sought to strike language that would require the Forest Service and the Bureau of (Committee meetings are open unless otherwise indicated) Land Management to perform regulatory flexibility Senate analyses for forest and land management plans (by a Committee on Armed Services: to hold hearings to examine recorded vote of 185 ayes to 236 noes, Roll No. 43). the nomination of James N. Mattis, to be Secretary of Pages H361–62, H369–70 Defense; to be immediately followed by a business meet- ing to consider legislation to provide for an exception to H. Res. 33, the rule providing for consideration a limitation against appointment of persons as Secretary of the bills (H.R. 5) and (H.R. 79) was agreed to of Defense within seven years of relief from active duty yesterday, January 10th. as a regular commissioned officer of the Armed Forces, Permanent Select Committee on Intelligence— 9:30 a.m., SD–G50. Appointment: The Chair announced that the Speak- Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine the nomination of Benjamin er’s appointment of members of the Permanent Se- Carson, of Michigan, to be Secretary of Housing and lect Committee on Intelligence on January 6, 2017, Urban Development, 10 a.m., SD–538. without objection, is made notwithstanding the re- Committee on Foreign Relations: business meeting to con- quirement of clause 11(a)(4)(A) of rule X. Page H372 sider S. Res. 6, objecting to United Nations Security Committee Elections: The House agreed to H. Res. Council Resolution 2334 and to all efforts that under- 45, electing Members to certain standing commit- mine direct negotiations between Israel and the Palestin- ians for a secure and peaceful settlement, 12 noon, S–116, tees of the House of Representatives. Page H372–73 Capitol. Presidential Message: Read a message from the Select Committee on Intelligence: business meeting to con- President wherein he transmitted the 2016 National sider the Intelligence Authorization Act of Fiscal Year Drug Control Strategy—referred to the Committees 2017, Time to be announced, S–216, Capitol. on the Judiciary, Energy and Commerce, Foreign Af- Full Committee, to hold hearings to examine the nom- fairs, Education and the Workforce, Transportation ination of Mike Pompeo, of Kansas, to be Director of the and Infrastructure, Armed Services, Ways and Central Intelligence Agency, 10 a.m., SH–216. Full Committee, to hold closed hearings to examine Means, Oversight and Government Reform, Vet- the nomination of Mike Pompeo, of Kansas, to be Direc- erans’ Affairs, Natural Resources, Agriculture, Finan- tor of the Central Intelligence Agency, 1 p.m., SH–219. cial Services, Homeland Security, and the Permanent Select Committee on Intelligence and ordered to be House printed (H. Doc. 115–5). Page H374 Committee on Armed Services, Full Committee, organiza- tional meeting for the 115th Congress; hearing on con- Quorum Calls—Votes: Three yea-and-nay votes sideration of General James N. Mattis, USMC, Ret., for and eleven recorded votes developed during the pro- a legal exception for appointment as the U.S. Secretary of ceedings of today and appear on pages H321–22, Defense; and markup on H.R. 393, to provide for an ex- H322, H322–23, H364, H365, H365–66, H366, ception to a limitation against appointment of persons as H367, H367–68, H368, H369, H369–70, H371, Secretary of Defense within seven years of relief from ac- and H371–72. There were no quorum calls. tive duty as a regular commissioned officer of the Armed Forces, 1 p.m., 2118 Rayburn. Adjournment: The House met at 10 a.m. and ad- Committee on Ways and Means, Full Committee, organi- journed at 8:19 p.m. zational meeting for the 115th Congress, 3 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:30 p.m., Thursday, January 12 10 a.m., Thursday, January 12

Senate Chamber House Chamber Program for Thursday: Senate will be in a period of Program for Thursday: Consideration of H.R. 238— morning business. Commodity End-User Relief Act. Consideration of H.R. 78—SEC Regulatory Accountability Act.

Extension of Remarks, as inserted in this issue

HOUSE Hurd, Will, Tex., E50 Rice, Tom, S.C., E48 Jackson Lee, Sheila, Tex., E49 Royce, Edward R., Calif., E49 Collins, Chris, N.Y., E50 Lee, Barbara, Calif., E49 Rutherford, John H., Fla., E49 Comstock, Barbara, Va., E48, E49 Luetkemeyer, Blaine, Mo., E47 Ryan, Paul D., Wisc., E47 Crowley, Joseph, N.Y., E50 McNerney, Jerry, Calif., E47 Schakowsky, Janice D., Ill., E49, E51 Goodlatte, Bob, Va., E51 Nadler, Jerrold, N.Y., E48 Shimkus, John, Ill., E49 Hastings, Alcee L., Fla., E48 Olson, Pete, Tex., E48, E49, E50 Hudson, Richard, N.C., E50 Perlmutter, Ed, Colo., E49, E50 Swalwell, Eric, Calif., E49

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