Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, TUESDAY, NOVEMBER 15, 2016 No. 163 House of Representatives The House met at noon and was ANNOUNCEMENT BY THE SPEAKER minute and to revise and extend his recalled to order by the Speaker. The SPEAKER. The Chair will enter- marks.) f tain up to 15 requests for 1-minute Mr. QUIGLEY. Mr. Speaker, in 1908, speeches on each side of the aisle. the Chicago Cubs won the World Series PRAYER at West Side Park. To give you a little The Chaplain, the Reverend Patrick f perspective how long ago that was, in J. Conroy, offered the following prayer: HONORING OUR VETERANS the crowd you could find Civil War vet- Loving and gracious God of Mercy, (Mr. WILSON of South Carolina erans. President Taft, however, was not we give You thanks for giving us an- asked and was given permission to ad- in attendance that day. other day. dress the House for 1 minute and to re- During the Cubs’ 108-year drought, In this single week, after a long cam- vise and extend his remarks.) we have had two world wars, put a man paign season, and before breaking once Mr. WILSON of South Carolina. Mr. on the moon, and survived Y2K. But again for Thanksgiving, bless the Mem- Speaker, on Friday, I was grateful to after a historic seven-game series, I bers of the people’s House with focus give the Republican Weekly Address to can finally say that my Chicago Cubs and purpose on the issues facing them. honor Veterans Day, where I spoke are champions once again. I am enormously proud of the Chi- We ask Your blessing as well on about how House Republicans, under those newly elected who will be joining cago Cubs’ players and coaches, the en- the leadership of Speaker PAUL RYAN, tire management team, and the this assembly for the 115th Congress. are committed to providing our Na- Ricketts family for unparalleled deter- May their transition into office be tion’s veterans the highest quality of mination on the long, long road to a smooth and marked by the civility of care. league-best regular season and a cham- democratic change of government As the son of a World War II Flying which is the rightful pride of the pionship title. Tiger, a 31-year veteran myself, and Generations of loyal Cubs fans finally United States of America. the grateful dad of four sons who have Help us all to be grateful that we live got to see their team win the series in served overseas in the global war on in this country, and generous with the what was, arguably, the best baseball terrorism, I appreciate the positive blessings and benefits derived from our game of all time. It was an honor for work of House Republicans to reform citizenship. me to be in the stands that night, and the Department of Veterans Affairs. May all that is done this day be for then join millions of Chicagoans in Veterans Affairs Chairman JEFF MIL- Your greater honor and glory. celebrating the long-awaited return of LER has been a determined advocate for Amen. the World Series trophy to the friendly veterans and military families, leading f confines of Wrigley Field. efforts to modernize the VA and deliver The city and people of Chicago will THE JOURNAL 21st century health care. be forever grateful to the 2016 Cubs for The SPEAKER. The Chair has exam- The House has also passed a series of reminding us that nothing is impos- ined the Journal of the last day’s pro- reforms to the VA itself. I look forward sible if you work hard, and never, ever, ceedings and announces to the House to working with President-elect Donald ever, ever, ever, give up. his approval thereof. Trump, Vice President-elect Mike Go Cubs. Pursuant to clause 1, rule I, the Jour- Pence, and Speaker PAUL RYAN, to cre- f nal stands approved. ate a positive change of culture at the VA to give veterans the care they de- A TRUE HERO AMONG US f serve. Chairman JEFF MILLER would be (Mr. EMMER of Minnesota asked and PLEDGE OF ALLEGIANCE an excellent choice for Secretary of was given permission to address the The SPEAKER. Will the gentleman Veterans Affairs. House for 1 minute.) from Arkansas (Mr. HILL) come for- In conclusion, God bless our troops, Mr. EMMER of Minnesota. Mr. ward and lead the House in the Pledge and may the President, by his actions, Speaker, I rise today to recognize a of Allegiance. never forget September the 11th in the champion in the St. Cloud community, Mr. HILL led the Pledge of Alle- global war on terrorism. St. Cloud Police Chief Blair Anderson. giance as follows: f Chief Anderson recently received the 2016 Community Hero Award from the I pledge allegiance to the Flag of the CHICAGO CUBS United States of America, and to the Repub- Light the Legacy organization for his lic for which it stands, one nation under God, (Mr. QUIGLEY asked and was given incredible work strengthening the con- indivisible, with liberty and justice for all. permission to address the House for 1 nection between the police force he

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 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.000 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6184 CONGRESSIONAL RECORD — HOUSE November 15, 2016 leads and the community that he clubs and experiences that support life Now, under President-elect Trump serves. skills and encourage teamwork, good and a Republican Congress, we have Blair Anderson has served in law en- sportsmanship and academic growth. the opportunity to change that and forcement for the past 20 years. During I loved my elementary school years achieve bold new steps that will put his years of service, he has encountered at Forest Park, and I am happy that America on the path to a more secure many difficult and even dangerous sit- my children enjoyed a fine experience and prosperous country. uations. Most notable of these situa- in those halls as well. I look forward to working closely tions was the brutal attacks at the Located in the heart of Little Rock, with the Trump-Pence administration Crossroads Center Mall this past Sep- Forest Park is led by Principal Theresa to help advance these goals, and a con- tember. Courtney-Ketcher and serves 460 stu- servative agenda that rebuilds our The attack at the Crossroads Center dents in pre-K through fifth grade. military, secures our borders, ends the Mall truly shook our community to the During the 2013–2014 school year, For- failed ObamaCare experiment, creates core, and it was the response of leading est Park was recognized as a National jobs, and protects the unborn. community members like Chief Ander- Blue Ribbon School of Excellence by Mr. Speaker, the American people son whose unwavering dedication to all the U.S. Department of Education. have spoken loud and clear, and it is of our residents allowed all of us to This school is consistently a top now time that we turn this historic find peace in our daily lives again. ranked elementary school in Arkansas. moment into action. Now, more than ever, our community I would like to extend my congratulations to Principal Courtney-Ketcher, f needs leaders like St. Cloud Police Forest Park Elementary and its fac- Chief Blair Anderson. It’s a great honor REMEMBERING DR. BILL ulty, and wish it much continued suc- to recognize him here today. LEHMANN cess in the generations to come. f (Mr. FARENTHOLD asked and was f STOP CLIMATE CHANGE BEFORE given permission to address the House POLL: AMERICANS SEE LIBERAL IT IS TOO LATE for 1 minute and to revise and extend MEDIA BIAS his remarks.) (Mr. PALLONE asked and was given (Mr. SMITH of Texas asked and was Mr. FARENTHOLD. Mr. Speaker, on permission to address the House for 1 given permission to address the House Veterans Day, I attended Port Aransas minute and to revise and extend his re- for 1 minute and to revise and extend High School Veterans Day ceremony marks.) his remarks.) honoring Port Aransas veterans. This Mr. PALLONE. Mr. Speaker, accord- Mr. SMITH of Texas. Mr. Speaker, year’s event was renamed to remember ing to his transition team, the Presi- unfortunately, these last few months its founder, Dr. Bill Lehmann, who dent-elect’s administration will with- have demonstrated how far the na- passed away earlier this year at 91. draw the United States from the Paris tional media will go to promote a lib- During World War II, Dr. Lehmann Agreement and scrap the Clean Power eral agenda. Polls continue to show served in the Army stateside, selling Plan because, they claim, it will in- Americans’ trust in the media is at an war bonds and working at a POW camp. crease energy bills without any meas- all-time low. Instead of providing ob- After the war, he earned his master’s urable effect on Earth’s climate. This jective and fair coverage of the news, degree and Ph.D. in physics, and began is dangerous, shortsighted, and com- the media provided one-sided stories a 30-year career in the Air Force Civil pletely inaccurate. that further damaged their credibility. Service. He rose quickly in the ranks, The United States took an important A recent Suffolk University/USA becoming director of the Air Force Of- leadership role in making the Paris Today poll found that, by a nearly 10- fice of Scientific Research and, later, Agreement happen and should continue to-1 ratio, Americans believe that the chief of the Air Force Weapons Labora- to help lead international efforts to major newspapers and TV stations fa- tory, the first civilian to hold this job. combat climate change. The Clean vored the Democratic candidate for Lehmann focused his energy on com- Power Plan is an essential part of the President over the Republican can- munity service when he retired in Port U.S. keeping its end of the bargain. didate. Americans of all political affili- Aransas in 1992. He was an active mem- If the President-elect’s administra- ations know that the national media ber of the Port Aransas Rotary Club, tion follows through on its plans to strongly leans to the left. Unfortu- where he was honored as Rotarian of abandon our commitments, the United nately, it has leaned too far for too the Year in 2013. He also founded the States and the world will continue to long and has fallen off the credibility annual Veterans Day ceremony at the suffer from increasing sea level rise, cliff. school in the early nineties, growing it more frequent and intense natural dis- We need to remind the media of their from a small event to a gymnasium full asters like Superstorm Sandy, and profound obligation to provide the of people packed with hundreds of vet- longer periods of drought, as well as American people with the facts, not erans, students, and community mem- other effects. What it won’t do is save tell them what to think. bers. Dr. Lehmann created a fantastic coal country jobs, something that the f legacy that will impact the Port Aran- top Senate Republican pretty much ad- sas community for years to come. mitted last week. AMERICA’S HISTORIC VICTORY AT THE BALLOT BOX To Dr. Lehmann and his family, and As President Obama said, the Presi- to all veterans, thank you for your dent-elect’s administration should (Mr. BABIN asked and was given per- service, and God bless you all. carry on the tradition of honoring our mission to address the House for 1 international agreements, and I urge minute.) f him and his team to continue the ef- Mr. BABIN. Mr. Speaker, I rise today b 1215 forts begun by President Obama to stop to congratulate President-elect Donald APPLAUDING 2016 WORLD SERIES climate change before it is too late. Trump, Vice President-elect Mike CHAMPIONS, THE CHICAGO CUBS f Pence, but most importantly, the American people on a historic victory (Mr. LAHOOD asked and was given FOREST PARK ELEMENTARY at the ballot box. permission to address the House for 1 SCHOOL Make no mistake, this election was a minute and to revise and extend his re- (Mr. HILL asked and was given per- resounding rejection of the status quo marks.) mission to address the House for 1 in Washington, a revolution at the bal- Mr. LAHOOD. Mr. Speaker, I rise minute and to revise and extend his re- lot box. The American people are sick today to applaud the 2016 World Series marks.) and tired of open borders, runaway champions, the Chicago Cubs, and to Mr. HILL. Mr. Speaker, I rise today Federal agencies, unconstitutional ex- congratulate back-to-back World Se- to recognize Forest Park Elementary ecutive orders, a weak foreign policy, a ries MVP, Ben Zobrist. School for over 100 years of success in sluggish economy, and a Federal Gov- As the switch-hitting, utility player central Arkansas. Built in 1913, Forest ernment that simply no longer listens for the Cubs, Zobrist played a crucial Park offers a variety of educational to them. role in bringing his team to victory. At

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.002 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6185 the top of the 10th inning in Game 7 of government can no longer be considered the Whereas, on March 10, 2016, the European the World Series, Zobrist roped an RBI constitutionally legitimate representative of Union Parliament adopted a resolution that double giving the Cubs the decisive run the Congolese people; urged the European Union to ‘‘use all its dip- in the 8–7 victory that won their team Whereas President Kabila has yet to de- lomatic and economic tools’’ in favor of clare unequivocally and publicly that he will ‘‘compliance with the constitution of the its first World Series championship step down at the end of his term, as required DRC’’ and invited African Union member since 1908. by the constitution, causing growing polit- states to also become engaged in the effort Ben Zobrist is a native of Eureka, Il- ical tension, unrest, and violence across the to advance this goal; linois, located in my congressional dis- country; Whereas the European Union Parliament trict. The four-sport Eureka High Whereas during the summer of 2014, Presi- resolution also called upon the European School athlete went on to play baseball dent Kabila tried unsuccessfully to persuade Union ‘‘to consider imposing targeted sanc- at Dallas Baptist University before parliament to change the constitution to tions, including travel bans and asset open the way for his continuation in power freezes, so as to help prevent further vio- launching his major league career. after his term expires on December 19, 2016, More admirable than his talent is his lence’’; and subsequently attempted to pass a law re- Whereas, on March 30, 2016, the United Na- character. In Major League Baseball, quiring a multiyear census in advance of the tions Security Council unanimously adopted Zobrist has represented the sport with Presidential election—an effort that was Resolution 2277, expressing ‘‘deep concern’’ true midwestern values. Ben is both a dropped in January 2015 after mass dem- about ‘‘delays in the Presidential election’’ devout man of faith and a family man onstrations in which Kabila’s security forces and ‘‘increased restriction of the political devoted to his wife and three children. killed at least 42 people and arbitrarily space in the DRC’’ and calling for ‘‘ensuring Ben Zobrist’s commitment to God, jailed hundreds; the successful and timely holding’’ of Presi- Whereas since January 2015, in further dential and legislative elections ‘‘in accord- family, and baseball make him not just steps to undermine democratic processes and a hero for his hometown of Eureka, Il- ance with the Constitution’’; institutions, Congolese security and intel- Whereas, on June 23, 2016, the U.S. Depart- linois, but a man that all of America ligence officials have clamped down on ment of the Treasury’s Office of Foreign As- can respect and admire. peaceful activists, political leaders, and oth- sets Control sanctioned General Celestin f ers who oppose President Kabila’s effort to Kanyama of the Congolese National Police stay in power past his constitutionally man- for his role in targeting of civilian ANNOUNCEMENT BY THE SPEAKER dated two-term limit; protestors; PRO TEMPORE Whereas since January 2015 President Whereas, on September 28, 2016, the U.S. Kabila has continually used administrative Department of the Treasury’s Office of For- The SPEAKER pro tempore (Mr. and technical means to try to delay the RIBBLE). Pursuant to clause 8 of rule eign Assets Control sanctioned Major Gen- Presidential election (including an over- eral Gabriel Amisi Kumba and General John XX, the Chair will postpone further loaded, unfeasible multielection calendar, proceedings today on motions to sus- Numbi for leading an armed group that has failure to pass timely election laws and re- threatened the stability of the DRC and vio- lease authorized election budgets, abruptly pend the rules on which a recorded vote lently suppressing political opposition, re- implementing the division of the country’s or the yeas and nays are ordered, or on spectively; provinces, and having his ‘‘Independent Na- which the vote incurs objection under Whereas the DRC’s Independent National tional Election Commission’’ recently de- clause 6 of rule XX. Electoral Commission and the Constitu- clare that it will take 16 months to update tional Court have validated the indefinite Record votes on postponed questions the voter roll); postponement of the scheduled November will be taken later. Whereas the broad national dialogue con- 2016 elections; and f vened by President Kabila served as another Whereas the Kabila government has stated means of justifying a delay of the scheduled that the elections may now take place as URGING RESPECT FOR THE CON- November 2016 elections despite the wide- STITUTION OF THE DEMOCRATIC spread withdrawal of participation by oppo- late as 2018, potentially extending his man- REPUBLIC OF THE CONGO sition parties and church leaders; date by as much as two years: Now, therefore, be it Mr. ROYCE. Mr. Speaker, I move to Whereas President Obama spoke with Resolved, That— suspend the rules and agree to the reso- President Kabila on March 15, 2015, and ‘‘emphasized the importance of timely, credible, (1) under Executive Order 13413, as amend- lution (H. Res. 780) urging respect for and peaceful elections that respect the ed by Executive Order 13671, in coordination the constitution of the Democratic Re- DRC’s constitution and protect the rights of to the maximum extent possible with its Af- public of the Congo in the democratic all DRC citizens’’; rican and European partners, the United transition of power in 2016, as amended. Whereas President Kabila is calling for a States should impose sanctions on govern- The Clerk read the title of the resolu- broad national dialogue that could be used to ment officials of the Democratic Republic of tion. confuse the election issue and serve as yet the Congo (DRC) who impede progress to- The text of the resolution is as fol- another means of delaying the scheduled No- ward a peaceful democratic transition through credible elections that respect the lows: vember 2016 elections; Whereas international and domestic will of the people of the DRC; H. RES. 780 human rights groups continually report on (2) sanctions should target core figures in Whereas given its size, location, and di- the worsening of the situation with regard to the government of President Kabila for visa verse economy, the United States has deep human rights in the DRC, including the use denials and for asset freezes because of ac- interests in the democratic stability of the of excessive force against peaceful dem- tions that ‘‘undermine democratic processes Democratic Republic of the Congo (DRC); onstrators and an increase in politically mo- or institutions’’; Whereas from 1996 to 2006, more than tivated trials and the United Nations Organi- (3) economic and security assistance pro- 3,000,000 people died in the DRC as a result of zation Stabilization Mission in the Demo- vided to the DRC government should be re- internal and regional wars, and significant cratic Republic of the Congo (MONUSCO) has viewed for possible termination, while pre- violence persists in the Eastern Congo; registered more than 260 human rights viola- serving other, particularly humanitarian, as- Whereas a root cause of these conflicts was tions, mainly against political opponents, sistance through nongovernmental and the decay of the undemocratic and corrupt civil society, and journalists during the past international organizations, and review fu- regime of President Mobutu Sese Seko; year; ture international financial institution as- Whereas in 2002 the United States, working Whereas the DRC retains a relatively vi- sistance to the DRC until the election crisis with African and European partners, helped brant civil society that is exerting pressure is resolved; facilitate a Congo peace accord that included on the government, and is at risk of being (4) the President should lift sanctions only a democratic transition and free elections stamped out due to government repression when the President determines that— under a new constitution limiting the Presi- consistent with President Kabila’s attempt (A) President Kabila has unequivocally and dent to two terms by an unamendable provi- to remain in power; publicly declared that, in accordance with sion and providing for the President of the Whereas leaders of Congo’s main opposi- the constitution, he will not remain in power Senate to assume power temporarily until tion parties, nongovernmental organizations, once his term ends on December 19, 2016, has elections can be held once a Presidential va- and prodemocracy youth movements called made verifiable progress on the ground to- cancy is declared; on Congolese citizens to stay home from wards holding timely free and fair national Whereas in 2006 Joseph Kabila was elected work and school on February 16, 2016, for elections in accordance with the constitu- President in what was widely viewed as a ‘‘Ville Morte (Dead City Day)’’ largely to tion, and has demonstrably opened the nec- free and fair election, but many respected protest against delays in organizing Presi- essary political space for the opposition and international observers concluded that his dential elections; civil society; or 2011 election ‘‘victory’’ was ‘‘not credible’’; Whereas the strike was largely successful (B) the DRC has held a free and fair Presi- Whereas President Kabila’s second term in major Congolese cities despite govern- dential election as provided by the constitu- will end on December 19, 2016, after which his ment detentions and threats; tion and a new President has been sworn in;

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.004 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6186 CONGRESSIONAL RECORD — HOUSE November 15, 2016 (5) if President Kabila’s government meets over 15 years—is stonewalling the elec- As a result of your having consulted with the condition specified in paragraph (4)(A), tion process to get around the con- the Committee on Financial Services con- the United States should join other donors in stitution. Allowing this crooked plan cerning provisions in the measure that fall helping to support election preparedness, in- to proceed without any consequences within our Rule X jurisdiction, I agree to cluding voter registration and supporting a forgo action on the measure so that it may level playing field for campaign activities by would set a terrible precedent for de- proceed expeditiously to the House Floor. diverse political parties; mocracy and governance throughout The Committee on Financial Services takes (6) the United States Government should the region. this action with our mutual understanding support independent DRC civil society orga- President Kabila has shown that he is that, by foregoing consideration of H. Res. nizations and media to more effectively willing to carry out this plan by any 780 at this time, we do not waive any juris- monitor efforts to undermine democracy and means necessary. Anyone who inter- diction over the subject matter contained in governance; feres—opposition figures, human rights this or similar legislation, and that our Com- (7) the United States Government should leaders, peaceful protesters, civil soci- mittee will be appropriately consulted and use authorities under subchapter II of chap- ety, the media—risks arbitrary arrest, involved as this or a similar measure moves ter 53 of title 31, United States Code, chapter forward so that we may address any remain- X of title 31, Code of Federal Regulations, and they risk death. More than 50 peo- ing issues that fall within our Rule X juris- and the section 1956 of title 18, United States ple were killed in a 2-day government diction. Code, to investigate and target money laun- crackdown in September. Finally, I would appreciate your response dering activities, specifically related to the But throughout, the Congolese people to this letter confirming this understanding diversion of proceeds of corruption, by key have made it clear that they want elec- with respect to H. Res. 780 and would ask figures close to President Kabila; tions—with the vast majority of Con- that a copy of our exchange of letters on this (8) these authorities should be employed to golese opposed to amending the con- matter be placed in the Congressional target the financial institutions facilitating stitution to allow Mr. Kabila to extend Record during floor consideration thereof. money laundering by these figures as well as Sincerely, his term. They are determined to ex- to pressure the jurisdictions in which they JEB HENSARLING, are located to monitor this activity and take press their will at the ballot box. This Chairman. enforcement action as appropriate; and resolution puts the House on record (9) the United States should coordinate supporting the Congolese people in HOUSE OF REPRESENTATIVES, these efforts with key Western and African their desire for a peaceful political COMMITTEE ON FOREIGN AFFAIRS, partners, including through other financial transition. Washington, DC, November 14, 2016. intelligence units. Mr. Speaker, the House is consid- Hon. JEB HENSARLING, The SPEAKER pro tempore. Pursu- ering this resolution at a very crucial Chairman, Committee on Financial Services, ant to the rule, the gentleman from time. If no clear plan is established for Washington, DC. DEAR CHAIRMAN HENSARLING: Thank you California (Mr. ROYCE) and the gen- a peaceful transition of power in the for consulting with the Foreign Affairs Com- tleman from New York (Mr. ENGEL) coming weeks, analysts fear wide scale mittee and agreeing to be discharged from each will control 20 minutes. instability and violence. We are al- further consideration of House Resolution The Chair recognizes the gentleman ready seeing that instability today, 780, urging respect for the constitution of the from California. and that is threatening to send the Democratic Republic of the Congo, so that GENERAL LEAVE international investment that has re- the measure may proceed expeditiously to Mr. ROYCE. Mr. Speaker, I ask unan- cently returned to the country away. the House floor. imous consent that all Members may The Obama administration has recog- I agree that your forgoing further action have 5 legislative days to revise and ex- nized the severity of this crisis, estab- on this measure does not in any way dimin- lishing an executive order which tar- ish or alter the jurisdiction of your com- tend their remarks and to include ex- mittee, or prejudice its jurisdictional prerog- traneous material. gets those DRC leaders who impede the atives on this resolution or similar legisla- The SPEAKER pro tempore. Is there democratic transition with sanctions. tion in the future. objection to the request of the gen- This resolution welcomes those sanc- I will seek to place our letters on H. Res. tleman from California? tions, but also encourages the adminis- 780 into the Congressional Record during There was no objection. tration to look at other sanctionable floor consideration of the resolution. I appre- Mr. ROYCE. Mr. Speaker, I yield my- offenses like corruption and money ciate your cooperation regarding this legis- self such time as I may consume. laundering. lation and look forward to continuing to Mr. Speaker, I rise in strong support The political elites in Congo have work together as this measure moves through the legislative process. of H. Res. 780. I would like to recognize long pillaged the country’s vast nat- Sincerely, Chairman SMITH and Ranking Member ural resources for their personal en- EDWARD R. ROYCE, BASS of the Africa, Global Health, richment. Putting that wealth at risk Chairman. Global Human Rights, and Inter- might make them think twice about national Organizations Subcommittee also undermining democracy. That is HOUSE OF REPRESENTATIVES, for their continued focus on the con- the kind of leverage that this resolu- COMMITTEE ON THE JUDICIARY, tinuing crisis in the Democratic Re- tion intends to encourage. Washington, DC, November 15, 2016. public of the Congo, and I would like to Moreover, the resolution rec- Hon. EDWARD R. ROYCE, recognize our ranking member, Mr. ommends that assistance which is non- Chairman, Committee on Foreign Affairs, Washington, DC. LIOT NGEL humanitarian—we want the humani- E E , as well, because, Mr. DEAR CHAIRMAN ROYCE: I write with re- Speaker, Congo is facing a constitu- tarian assistance to continue, but non- spect to H. Res. 780, a resolution urging re- tional crisis that is putting lives and humanitarian assistance could poten- spect for the constitution of the Democratic regional stability at risk. tially be cut if the Congolese Govern- Republic of the Congo in the democratic I have been to the Congo on three oc- ment does not change course and does transition of power in 2016, which was re- casions, most recently last year, and not allow democracy to move forward. ferred to the Committee on Foreign Affairs we have pressed this issue repeatedly, The U.S. needs to use any and all lever- and in addition to the Committee on the Ju- and sadly, Congo, having historically age it has to use this opportunity to diciary and the Committee on Financial push for timely elections in the Demo- Services. As a result of your having con- suffered some of the world’s longest sulted with us on provisions within H. Res. and most brutal wars, is all too famil- cratic Republic of the Congo. 780 that fall within the Rule X jurisdiction of iar with violence. Now, while the Con- Mr. Speaker, I reserve the balance of the Committee on the Judiciary, I agree to golese people are trying to chart a new my time. discharge our committee from further con- path for their country, government HOUSE OF REPRESENTATIVES, sideration of this resolution so that it may leaders are maneuvering to maintain COMMITTEE ON FINANCIAL SERVICES, proceed expeditiously to the House floor for their grip on power in violation of the Washington, DC, November 15, 2016. consideration. country’s constitution. Hon. ED ROYCE, The Judiciary Committee takes this action Congo’s constitution is very clear— Chairman, Committee on Foreign Affairs, with our mutual understanding that by fore- Washington, DC. going consideration of H. Res. 780 at this the transfer of power must happen on DEAR CHAIRMAN ROYCE: I am writing con- time, we do not waive any jurisdiction over December 19 of this year and the Presi- cerning House Resolution 780, urging respect subject matter contained in this or similar dent is limited there to two terms. But for the constitution of the Democratic Re- legislation and that our committee will be President Kabila—in power now for public of the Congo. appropriately consulted and involved as this

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.001 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6187 resolution or similar legislation moves for- Rights, and International Organiza- election preparations for more than a ward so that we may address any remaining tions Subcommittee, Mr. SMITH of New year, the government of President issues in our jurisdiction. Jersey, and Ms. BASS of California for Kabila has used a constitutional loop- I would appreciate a response to this letter confirming this understanding with respect her hard work in bringing this measure hole to extend his rule despite the op- to H. Res. 780 and would ask that a copy of to the floor. position of not only political opponents our exchange of letters on this matter be in- As I mentioned before, Mr. Speaker, but also his country’s citizens. cluded in the Congressional Record during in recent months, protesters in the In a recent poll done in partnership floor consideration of H. Res. 780. Democratic Republic of the Congo have with the Congo Research Group at New Sincerely, faced an increasingly violent crack- York University, President Kabila had BOB GOODLATTE, down at the hands of armed authori- less than 8 percent support among his Chairman. ties. These people are protesting, people. U.S. officials believe that he again, the illegal third-term grab by has lost even more support in the HOUSE OF REPRESENTATIVES, months since that poll was taken. COMMITTEE ON FOREIGN AFFAIRS, the President of Congo. Citizens have Washington, DC, November 14, 2016. been subject to arbitrary arrest, and Mr. Speaker, from 1996 to 2006, more Hon. BOB GOODLATTE, civil society groups are finding it hard- than 3 million people died in the DRC, Chairman, Committee on the Judiciary, er and harder to operate. In just over a more than 4 million were internally Washington, DC. month, when President Joseph Kabila’s displaced as a result of internal and re- DEAR CHAIRMAN GOODLATTE: Thank you for term expires, I fear that this insta- gional wars, and significant violence consulting with the Foreign Affairs Com- persists in eastern Congo today—a mittee and agreeing to be discharged from bility will grow even worse. We want to see democracy thrive and place that I have visited. There are further consideration of House Resolution now widespread fears that opposition 780, urging respect for the constitution of the the constitution prevail in the DRC, Democratic Republic of the Congo, so that but we know forces are hard at work to to the extension of Kabila’s rule will the measure may proceed expeditiously to tear that country’s democracy down. spark demonstrations that will be met the House floor. This resolution sends a message that by violence by a government deter- I agree that your forgoing further action the United States is watching this situ- mined to maintain its hold on power. on this measure does not in any way dimin- ation closely. Those who try to under- We are facing the real danger that the ish or alter the jurisdiction of your com- DRC—a nation that borders on nine of mittee, or prejudice its jurisdictional prerog- mine democracy in the Democratic Re- public of the Congo won’t get a free its neighbors and which makes vital atives on this resolution or similar legisla- contributions to the global economy— tion in the future. pass from us. I will seek to place our letters on H. Res. This measure calls for U.S. sanctions could be thrown into a level of chaos 780 into the Congressional Record during on core government and opposition of- that will have an adverse impact not floor consideration of the resolution. I appre- ficials who hinder democratic processes just within its borders but far beyond ciate your cooperation regarding this legis- or stand in the way of progress toward its borders as well. lation and look forward to continuing to a peaceful democratic transition. It work together as this measure moves b 1230 through the legislative process. calls for sanctions to remain in place President Kabila continues to make Sincerely, until President Kabila declares that he every effort to maintain power, even EDWARD R. ROYCE, will abide by the constitution and step sending delegations abroad to mislead Chairman. down on December 19—until there is foreign governments on his intention Mr. ENGEL. Mr. Speaker, I yield my- verifiable progress toward holding a to hold elections at the earliest pos- self such time as I may consume. free and fair election and until the op- sible date. His emissaries assured us in Mr. Speaker, I rise in support of this position and civil society groups are September that the scheduled 2016 elec- measure. free to operate without interference. tions could be held in the summer of Let me start by thanking our chair- Lastly, this resolution requests that 2017 as a result of national dialogue. man of the Foreign Affairs Committee, our government support civil society However, Kabila manipulated this dia- Mr. ROYCE, for his leadership. I had the groups and the media so that the DRC logue, which was boycotted by the gen- good occasion to travel with him to citizens and the world have a clear pic- uine political opposition, civil society, Congo last year, and we pushed very, ture of democracy and governance. and DRC’s churches. The eventual con- very hard on the fact that we believe I am glad to support this timely reso- clusion, if this can be believed, was democracy needs to be carried out lution. that the elections would be held in late there. Mr. Speaker, I reserve the balance of 2018, about 2 years from now. In fact, the President of Congo, who my time. However, the constitution, which is running for an unprecedented third Mr. ROYCE. Mr. Speaker, I yield 4 prevents Kabila from running for a term, which he is not supposed to do minutes to the gentleman from New third term or changing the constitu- according to their Constitution, opted Jersey (Mr. SMITH), chairman of the tion to achieve that goal, will be bro- not to see us because he was angry at Subcommittee on Africa, Global ken if he manages to extend his rule. the fact that we came to Congo and Health, Global Human Rights, and Even as he interprets the constitution spoke out so heavily, with one voice I International Organizations, and au- to allow him to continue in office, the might say, for democratic reforms. thor of this resolution. constitution makes no provision for That has been the tradition of the For- Mr. SMITH of New Jersey. Mr. parliament to continue to operate. So eign Affairs Committee during the Speaker, I want to thank my good when the current DRC Government time that Chairman ROYCE has been friend and colleague, the distinguished mandate expires on December 19, Presi- chairman and I have been ranking chairman of the Foreign Affairs Com- dent Kabila will rule his country with member. We speak with one voice on mittee, Mr. ROYCE; Ranking Member no restraint and no checks or balances most things, and we are more effective ELIOT ENGEL; and Ms. BASS, who is the from a legislative body. that way. ranking member on the Africa, Global H. Res. 780 acknowledges the various I think that foreign policy, espe- Health, Global Human Rights, and efforts to frustrate DRC’s constitution cially, should be bipartisan and par- International Organizations Sub- and democratic process and calls for tisanship should stop at the water’s committee, for their strong support for the Obama administration to levy tar- edge. So we, personally, the two of us this legislation, H. Res. 780, which geted sanctions on government offi- and the colleagues that came with us seeks to avoid a looming crisis in the cials who have acted to prevent free on the trip, drove that message home Democratic Republic of the Congo, or and fair elections from taking place. to the President of Congo. We met with DRC, by urging respect for the con- The administration has placed some the Prime Minister, and we didn’t stitution of that country in a peaceful, sanctions on some officials, but the mince our words. democratic transition of power. pace and scope of sanctions need to So I want to thank Chairman ROYCE Mr. Speaker, on November 19—just match the urgency of the approaching for his leadership. I want to thank the days from now—the DRC was supposed electoral crisis. The leadership of the chair and ranking member of the Afri- to hold elections for President and the Foreign Relations Committee, the Af- ca, Global Health, Global Human Parliament. However, after stalling on rica, Global Health, Global Human

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.005 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6188 CONGRESSIONAL RECORD — HOUSE November 15, 2016 Rights, and International Organiza- dential term and delay scheduled elec- made that decision himself to step tions Subcommittee, and the full For- tions, the purpose of the resolution is down after a single term—after a single eign Affairs Committee have sent a let- to help prevent the impunity dem- term—despite his immense popularity ter to President Obama urging him to onstrated by President Kabila and as President. And far from ending his widen the targets, and we rec- some DRC officials. The resolution career, his decision represented a tran- ommended that a couple of weeks ago. calls for the President, working with sition toward continentwide public Finally, Mr. Speaker, time is running African and European partners, to use service. He became the mediator in Af- out for our government to make the Executive Order 13413, as amended, to rican conflicts. He became a prominent strongest possible statements to the deny visas, freeze assets of the impli- voice on health and other issues. Kabila government to achieve a peace- cated officials, and monitor economic Mr. Speaker, you have seen this as ful, democratic resolution to the crisis and security assistance for the country well. that they face. I urge my colleagues to until the election crisis is resolved. H. I think that President Mandela’s support the resolution. Res. 780 is a critical piece of legislation choice to step down just as much as his Mr. ENGEL. Mr. Speaker, I yield 3 drafted to address a crucial situation personal struggle, the personal strug- minutes to the gentlewoman from Cali- in the DRC. gle that Nelson Mandela went through, fornia (Ms. BASS), the ranking member Once again, I thank the sub- the combination of those two factors is of the Africa, Global Health, Global committee chairman, CHRIS SMITH, for what allowed him to continue to exert Human Rights, and International Orga- his leadership on this issue. strong moral and diplomatic influence nizations Subcommittee. Mr. ROYCE. Mr. Speaker, I reserve not only in his home country, but Ms. BASS. Mr. Speaker, let me thank the balance of my time. across Africa and across the world. If my colleagues—Mr. SMITH, Mr. ROYCE, Mr. ENGEL. Mr. Speaker, I yield my- Joseph Kabila would reflect on that by and Mr. ENGEL—for their leadership on self the balance of my time. way of example—because, tragically, this resolution. In closing, the situation simmering too many leaders around this globe I rise in support of H. Res. 780, urging right now in the Democratic Republic have failed to heed the wisdom of Nel- respect for the constitution of the of the Congo is such a good example of son Mandela and other staged states- Democratic Republic of the Congo in why the United States can never re- men of different places and different its democratic transition of power in treat from our role on the world stage. times, but in this country we go back 2016. This is a situation that doesn’t touch Simply stated, the resolution calls to George Washington—the result of most Americans directly, so why for the United States’ President to use heeding that, the result of violating should we be focused on it, some might targeted sanctions to address the bla- the law in one’s country, the result of tant disrespect for the people in the wonder. Because anytime and any- clinging on to power when the con- constitution of the Democratic Repub- where democracy is under threat, it stitution says no and canceling elec- lic of the Congo, as evidenced by the makes the world a little less safe, it tions when the constitution calls for current President of that country, Jo- makes regions a little less stable, and those elections, is to result in negative seph Kabila. By supporting this critical it makes populations a little more vul- consequences not just for the govern- resolution, we are helping to support nerable. ment and the people, but, frankly, neg- the constitutional rights of the citizens Standing up for democracy in the ative consequences for their own stand- of the DRC. Democratic Republic of the Congo—or ing as human beings as well. This massive and extraordinarily anyplace else, for that matter—isn’t So there is that possibility for Presi- mineral-rich country is home to ap- just good for the people of that coun- dent Kabila to move forward, to do the proximately 80 million people. Were it try, it is good for all of us. It helps ad- right thing. That is what we call upon not for the consistent absence of demo- vance American values and American him to do. That is our request. It is not cratic and economic good governance, interests. We believe in democracy. too late for President Kabila and the this beautiful country would serve And it helps when other countries prac- Democratic Republic of the Congo to more fittingly as the economic center tice what they preach. change course. This resolution sup- of gravity for sub-Saharan Africa’s So when people on the ground are ports those seeking an orderly transfer Central Africa region, as opposed to fighting for democracy, demanding of power in this important country on being seen at the center of political im- transparency of their leaders, and try- the African continent. punity, increasing human rights con- ing to make their societies more open I yield back the balance of my time. cerns, and predictable intraregional and inclusive, we are going to have Ms. JACKSON LEE. Mr. Speaker, I rise in tensions. their backs, and it is what we should be support of H. Res. 780, ‘‘Urging Respect for The violence of the last decade has doing. That is what the U.S. does. That the Constitution of the Democratic Republic of adversely affected not only the eco- is what our values demand. That is Congo in the Democratic Transition of Power nomically dynamic and creative cul- what it means to be the global stand- in 2016.’’ ture of the DRC, but arguably affected ard bearer for freedom and democracy. H. Res. 780 encourages the United States those countries in the immediate re- I am glad to support this measure. I Government to impose sanctions on govern- gion, such as South Sudan, the Repub- again thank Chairman ROYCE for his ment officials of the Democratic Republic of lic of the Congo, the Central African leadership, Mr. SMITH, and Ms. BASS. I Congo who continue to violate the civil rights Republic, Rwanda, and Burundi. De- urge all Members to do the same. of the Congolese people. spite a long history of authoritarian I yield back the balance of my time. The right to free and fair elections is a cru- leadership of President Mobutu, a re- Mr. ROYCE. Mr. Speaker, I yield my- cial element of any democracy. gime, unfortunately, that we sup- self such time as I may consume. When the right to vote is curtailed, democ- ported, we know that the majority of I want to thank Representative racy cannot flourish. the people of the DRC support a grow- SMITH for introducing this important The constitution of the Democratic Republic ing and empowered civil society. measure and for being a longtime of Congo, guarantees to its citizens the right Over the past year, the country’s ex- champion on African issues. to vote and the right to choose their leaders in panding civil society successfully or- I again want to thank Mr. ELIOT a free and open election. chestrated a series of civic actions in ENGEL for his forceful communication The current president of the. DRC, Joseph support of constitutionally legislated when we were in Congo on that issue. Kabila, succeeded his father in 2001, following elections scheduled for this December. Frankly, we have had the opportunity his assassination. For his part, President Kabila has used to talk to Joseph Kabila in the past. He The highest court in the nation determined the past year to attempt, systemati- wouldn’t meet with us on this trip, al- that if elections are delayed then President cally, to undermine the persistent ef- though we were able to meet with the Kabila could remain in power until elections forts of civil society and opposition other representatives of the govern- are held. parties in support of presidential elec- ment, as Mr. ENGEL has laid out. President Kabila’s term ends in December, tions. But if I could talk to Joseph Kabila, and elections were set for November. While President Kabila’s intention is what I would share with him is that we Unable to constitutionally seek a third term, to secure an extension of his presi- should not forget that Nelson Mandela President Kabila and his officials are delaying

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 9920 E:\CR\FM\K15NO7.007 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6189 elections, citing financial problems, as a way keeping efforts, institutions, and decision- to ensure the accountability and effective- to retain power. making processes. ness of all policies and initiatives carried out His decision not to hold elections has led to (3) Research shows that— under the strategy. (b) SPECIFIC PLANS FOR AGENCIES.—Each political turmoil, violence and the death of doz- (A) peace negotiations are more likely to end in a peace agreement when women’s strategy under subsection (a) shall include a ens of people. groups play an influential role in the nego- specific implementation plan from each of Human Rights Watch reported that at least tiation process; the relevant Federal departments and agen- 44 people have died during political dem- (B) once reached, a peace agreement is 35 cies that describes— onstrations. percent more likely to last at least 15 years (1) the anticipated contributions of the de- The Constitution was adopted to avoid the if women have participated in the negotia- partment or agency, including technical, fi- troubling onslaught of violence occurring in the tion process; and nancial, and in-kind contributions, to imple- (C) when women meaningfully participate, ment the strategy; and Democratic Republic of Congo, which, in its (2) the efforts of the department or agency 56 years since independence, has never ex- peace negotiations are more likely to address the underlying causes of the conflict, to ensure that the policies and initiatives perienced a peaceful transition of power. leading to more sustainable outcomes. carried out pursuant to the strategy are de- Wherever there is a threat to freedom and signed to achieve maximum impact and SEC. 3. SENSE OF CONGRESS. long-term sustainability. democracy, it is the tradition of the United It is the sense of Congress that— (c) DEPARTMENT OF STATE IMPLEMENTA- States to assist, to the furthest possible ex- (1) the meaningful participation of women tent, freedom loving people in achieving their TION.—Within each relevant bureau of the in conflict prevention and conflict resolution Department of State, the Secretary of State democratic aspirations. processes helps to promote more inclusive shall task the current Principal Deputy As- President Joseph Kabila and other govern- and democratic societies and is critical to sistant Secretary with the responsibility for ment officials have violated the rights of the the long-term stability of countries and re- the implementation of the strategy under Congolese people, and the law of the Demo- gions; subsection (a) and the specific implementa- cratic Republic of Congo. (2) the political participation and leader- tion plan for the Department under sub- For these reasons, I support the sanctions ship of women in fragile environments, par- section (b), with respect to the roles and re- ticularly during democratic transitions, is taken by the Administration to correct these sponsibilities of such bureau. The Principal critical to sustaining lasting democratic in- Deputy Assistant Secretaries tasked with violations, and I support H. Res. 780. stitutions; and such responsibility shall meet, at least twice The SPEAKER pro tempore. The (3) the United States should be a global a year, to review the implementation of the question is on the motion offered by leader in promoting the meaningful partici- strategy and the plan and to contribute to the gentleman from California (Mr. pation of women in conflict prevention, man- the report under section 8(b). ROYCE) that the House suspend the agement, and resolution, and post-conflict (d) COORDINATION.—The President should rules and agree to the resolution, H. relief and recovery efforts. promote the meaningful participation of Res. 780, as amended. SEC. 4. STATEMENT OF POLICY. women in conflict prevention, in coordina- It shall be the policy of the United States tion and consultation with international The question was taken. partners, including multilateral organiza- The SPEAKER pro tempore. In the to promote the meaningful participation of women in all aspects of conflict prevention, tions, stakeholders, and other relevant inter- opinion of the Chair, two-thirds being management, and resolution, and post-con- national organizations, particularly in situa- in the affirmative, the ayes have it. flict relief and recovery efforts, reinforced tions in which the direct engagement of the Mr. ROYCE. Mr. Speaker, on that I through diplomatic efforts and programs United States is not appropriate or advis- able. demand the yeas and nays. that— (e) SENSE OF CONGRESS.—It is the sense of The yeas and nays were ordered. (1) integrate the perspectives and interests Congress that the President, in imple- The SPEAKER pro tempore. Pursu- of affected women into conflict-prevention menting each strategy submitted under sub- ant to clause 8 of rule XX, further pro- activities and strategies; section (a), should— ceedings on this motion will be post- (2) encourage partner governments to (1) provide technical assistance, training, poned. adopt plans to improve the meaningful par- and logistical support to female negotiators, ticipation of women in peace and security f mediators, peace builders, and stakeholders; processes and decision-making institutions; (2) address security-related barriers to the WOMEN, PEACE, AND SECURITY (3) promote the physical safety, economic meaningful participation of women; ACT OF 2016 security, and dignity of women and girls; (3) increase the participation of women in (4) support the equal access of women to existing programs funded by the United Mr. ROYCE. Mr. Speaker, I move to aid distribution mechanisms and services; States Government that provide training to suspend the rules and pass the bill (5) collect and analyze gender data for the foreign nationals regarding law enforcement, (H.R. 5332) to ensure that the United purpose of developing and enhancing early the rule of law, or professional military edu- States promotes the meaningful par- warning systems of conflict and violence; cation; ticipation of women in mediation and (6) adjust policies and programs to improve (4) support appropriate local organizations, outcomes in gender equality and the em- especially women’s peace building organiza- negotiations processes seeking to pre- powerment of women; and vent, mitigate, or resolve violent con- tions; (7) monitor, analyze, and evaluate the ef- (5) support the training, education, and flict, as amended. forts related to each strategy submitted The Clerk read the title of the bill. mobilization of men and boys as partners in under section 5 and the impact of such ef- support of the meaningful participation of The text of the bill is as follows: forts. women; H.R. 5332 SEC. 5. UNITED STATES STRATEGY TO PROMOTE (6) encourage the development of transi- Be it enacted by the Senate and House of Rep- THE PARTICIPATION OF WOMEN IN tional justice and accountability mecha- CONFLICT PREVENTION AND PEACE nisms that are inclusive of the experiences resentatives of the United States of America in BUILDING. Congress assembled, and perspectives of women and girls; (a) REQUIREMENT.—Not later than October (7) expand and apply gender analysis to im- SECTION 1. SHORT TITLE. 1, 2017, October 1, 2022, and October 1, 2027, prove program design and targeting; and This Act may be cited as the ‘‘Women, the President, in consultation with the heads (8) conduct assessments that include the Peace, and Security Act of 2016’’. of the relevant Federal departments and perspectives of women before implementing SEC. 2. FINDINGS. agencies, shall submit to the appropriate any new initiatives in support of peace nego- Congress finds the following: congressional committees and make publicly tiations, transitional justice and account- (1) Around the world, women remain available a single government-wide strategy, ability, efforts to counter violent extremism, under-represented in conflict prevention, to be known as the Women, Peace, and Secu- or security sector reform. conflict resolution, and post-conflict peace rity Strategy, that provides a detailed de- building efforts. scription of how the United States intends to SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN (2) Despite the historic under-representa- fulfill the policy objectives in section 4. The CONFLICT PREVENTION AND PEACE tion of women in conflict resolution proc- strategy shall— BUILDING. esses, women in conflict-affected regions (1) support and be aligned with plans devel- (a) FOREIGN SERVICE.—The Secretary of have nevertheless achieved significant suc- oped by other countries to improve the State, in conjunction with the Adminis- cess in— meaningful participation of women in peace trator of the United States Agency for Inter- (A) moderating violent extremism; and security processes, conflict prevention, national Development, shall ensure that all (B) countering terrorism; peace building, transitional processes, and appropriate personnel (including special en- (C) resolving disputes through nonviolent decision-making institutions; and voys, members of mediation or negotiation mediation and negotiation; and (2) include specific and measurable goals, teams, relevant members of the civil service (D) stabilizing societies by enhancing the benchmarks, performance metrics, time- or Foreign Service, and contractors) respon- effectiveness of security services, peace- tables, and monitoring and evaluation plans, sible for or deploying to countries or regions

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.017 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6190 CONGRESSIONAL RECORD — HOUSE November 15, 2016 considered to be at risk of, undergoing, or of United States diplomatic efforts and for- The SPEAKER pro tempore. Is there emerging from violent conflict obtain train- eign assistance programs, projects, and ac- objection to the request of the gen- ing, as appropriate, in the following areas, tivities to promote the meaningful participa- tleman from California? each of which shall include a focus on women tion of women; and ensuring meaningful participation by (2) describes the nature and extent of the There was no objection. women: coordination among the relevant Federal de- Mr. ROYCE. Mr. Speaker, I yield my- (1) Conflict prevention, mitigation, and partments and agencies on the implementa- self such time as I may consume. resolution. tion of such strategy; (2) Protecting civilians from violence, ex- (3) outlines the monitoring and evaluation Mr. Speaker, I rise in support of this ploitation, and trafficking in persons. tools, mechanisms, and common indicators measure. This is the Women, Peace, (3) International human rights law and to assess progress made on the policy objec- and Security Act of 2016. It is H.R. 5332. international humanitarian law. tives in section 4; and (b) DEPARTMENT OF DEFENSE.—The Sec- (4) describes the existing, enhanced, and I want to recognize Representative retary of Defense shall ensure that relevant newly established training carried out pursu- KRISTI NOEM and Representative JAN personnel receive training, as appropriate, in ant to section 6. SCHAKOWSKY for their bipartisan lead- the following areas: SEC. 9. DEFINITIONS. ership on this measure and, of course, (1) Training in conflict prevention, peace In this Act: Ranking Member ENGEL for his impor- processes, mitigation, resolution, and secu- (1) APPROPRIATE CONGRESSIONAL COMMIT- rity initiatives that specifically addresses TEES.—The term ‘‘appropriate congressional tant work on it. the importance of meaningful participation committees’’ means— Earlier this year, the Foreign Affairs by women. (A) the Committee on Appropriations, the Committee held a hearing. This was (2) Gender considerations and meaningful Committee on Armed Services, and the Com- part of our series on women in foreign participation by women, including training mittee on Foreign Relations of the Senate; affairs, where we heard powerful testi- regarding— and (A) international human rights law and (B) the Committee on Appropriations, the mony about the importance of includ- international humanitarian law, as relevant; Committee on Armed Services, and the Com- ing women in peace processes around and mittee on Foreign Affairs of the House of the world. We heard from those who (B) protecting civilians from violence, ex- Representatives. had been engaged, including the power- ploitation, and trafficking in persons. (2) STAKEHOLDERS.—The term ‘‘stake- ful voice of one who had helped bring (3) Effective strategies and best practices holders’’ means non-governmental and pri- about the peace process in Northern for ensuring meaningful participation by vate sector entities engaged in or affected by Ireland. women. conflict prevention and stabilization, peace SEC. 7. CONSULTATION AND COLLABORATION. building, protection, security, transition ini- It may seem obvious that women (a) IN GENERAL.—The Secretary of State tiatives, humanitarian response, or related should have an opportunity to rep- and the Administrator of the United States efforts, including— resent their communities as a matter Agency for International Development shall (A) registered or non-registered nonprofit of right—they make up half of the pop- establish guidelines for overseas United organizations, advocacy groups, business or States personnel of the Department or the trade associations, labor unions, coopera- ulation. And what negotiation, what Agency, as the case may be, to consult with tives, credit unions, relief or development agreement, can claim to represent stakeholders regarding United States efforts organizations, community and faith-based women if their participation is barred. to— organizations, philanthropic foundations, Our hearing also emphasized another (1) prevent, mitigate, or resolve violent and tribal leaders or structures; fact, and that is why women’s partici- (B) independent media, educational, or re- conflict; and pation in peace processes is important (2) enhance the success of mediation and search institutions; and negotiation processes by ensuring the mean- (C) private enterprises, including inter- if we care about the likelihood of the ingful participation of women. national development firms, banks, and success of that process. Simply put, (b) FREQUENCY AND SCOPE.—The consulta- other financial institutions, particularly when women are at the negotiating tions required under subsection (a) shall small businesses and businesses owned by table, peace is more likely. take place regularly and include a range and women or disadvantaged groups. representative sample of stakeholders, in- (3) MEANINGFUL PARTICIPATION.—The term Why would that be? Because research cluding local women, youth, ethnic and reli- ‘‘meaningful participation’’ means safe, gen- shows that a peace agreement is more gious minorities, and other politically uine, and effective access to, and present and likely to be reached—in fact, 35 percent under-represented or marginalized popu- active involvement in the full range of for- more likely to last at least 15 years— lations. mal or informal processes related to negotia- when women are involved. When you (c) COLLABORATION AND COORDINATION.— tion or mediation with respect to any efforts consider that historically half of all The Secretary of State should work with toward the following: international, regional, national, and local peace agreements fail—and they fail (A) Conflict prevention. within the first 5 years—women’s in- organizations to increase the meaningful (B) Resolution or mitigation of, or transi- participation of women in international tion from, violent conflict. volvement becomes imperative. Think peacekeeping operations, and should pro- (C) Peacekeeping and peace building. about the lives saved and the econo- mote training that provides international (D) Post-conflict reconstruction, transition mies maintained by a 35 percent de- peacekeeping personnel with the substantive initiatives, elections, and governance. crease in repeated conflicts. knowledge and skills needed to ensure effec- (E) Humanitarian response and recovery. tive physical security and meaningful par- Mr. Speaker, from Liberia to North- (4) RELEVANT FEDERAL DEPARTMENTS AND ticipation of women in conflict prevention ern Ireland, we have watched women AGENCIES.—The term ‘‘relevant Federal de- and peace building. partments and agencies’’ means— play pivotal roles in that effort of SEC. 8. REPORTS TO CONGRESS. (A) the United States Agency for Inter- reaching out to governments, lobbying (a) BRIEFING.—The Secretary of State, in conjunction with the Administrator of the national Development; governments, impressing the combat- United States Agency for International De- (B) the Department of State; ants, and pushing politicians to end a velopment and the Secretary of Defense, (C) the Department of Defense; conflict. shall brief the appropriate congressional (D) the Department of Homeland Security; and committees, not later than one year after b 1245 the date of the first submission of a strategy (E) any other department or agency speci- required under section 5, on— fied by the President for purposes of this Women peacemakers often press war- (1) existing, enhanced, and newly estab- Act. ring parties to move beyond mere lished training carried out pursuant to sec- The SPEAKER pro tempore. Pursu- power-sharing agreements that benefit ant to the rule, the gentleman from tion 6; and only a small percentage of fighters and, (2) the guidelines established for overseas California (Mr. ROYCE) and the gen- instead, shift that ground, debate over United States personnel to engage in con- tleman from New York (Mr. ENGEL) a comprehensive and longer term ac- sultations with stakeholders, pursuant to each will control 20 minutes. section 7. The Chair recognizes the gentleman cord, and reach those accords that ben- (b) REPORT ON WOMEN, PEACE, AND SECU- from California. efit the full civilian population as a RITY STRATEGY.—Not later than two years GENERAL LEAVE whole. Once an agreement is reached, after the date of the submission of each these women can play a critical role in strategy required under section 5, the Presi- Mr. ROYCE. Mr. Speaker, I ask unan- dent shall submit to the appropriate congres- imous consent that all Members may building support within the commu- sional committees a report that— have 5 legislative days to revise and ex- nities, and that is why the legislation (1) summarizes and evaluates the imple- tend their remarks and to include any before us today is so important. This mentation of such strategy and the impact extraneous material in the RECORD. bill recognizes the fact that it is in our

VerDate Sep 11 2014 04:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.004 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6191 national interest to promote women’s House-Senate conference involving this leg- Mr. ROYCE. Mr. Speaker, I yield 4 participation in resolving conflicts islation. minutes to the gentlewoman from I will seek to place our letters on H.R. 5332 globally, and it requires a government- South Dakota (Mrs. NOEM), the author into the Congressional Record during floor wide strategy—an effort—to advance consideration of the bill. I appreciate your of this bill. this goal. cooperation regarding this legislation and Mrs. NOEM. I, personally, thank the In 2011, the administration issued a look forward to continuing to work with chairman for considering this impor- National Action Plan on Women, your Committee as this measure moves tant bill, and I thank Representative Peace, and Security. Recently, it pub- through the legislative process. SCHAKOWSKY for being willing to pursue lished its update, H.R. 5332. This bill, Sincerely, policies such as this and get them which is the result of our work and the EDWARD R. ROYCE, signed into statute. That is the only result of the authors’ work, builds on Chairman. way we can really be assured that they this effort by requiring specific goals Mr. ENGEL. Mr. Speaker, I yield my- will continue into the future. and benchmarks for women’s participa- self such time as I may consume. Mr. Speaker, I rise in support of H.R. tion, along with the regular reporting I rise in support of this measure. 5332, the Women, Peace, and Security to Congress so as to gauge progress. Again, let me first thank our chair- Act. I introduced this bill with Rep- The bill also requires that appropriate man, ED ROYCE, for helping to advance resentative SCHAKOWSKY to increase State Department and USAID and De- this bill. I thank the bill’s authors: and strengthen women’s participation fense Department personnel receive Representative NOEM and Representa- in peace negotiations and in conflict training on how to facilitate women’s tive SCHAKOWSKY. Representative prevention globally. participation in conflict resolution, in SCHAKOWSKY, especially, has been fo- The threats to our national security security initiatives, and in efforts to cusing for years on the vulnerabilities are troubling, and groups like ISIL are protect civilians from violence and ex- that face women and girls in conflicts determined to destroy us and our sys- ploitation. Then it pushes this concept and on the unique role in which women tem of values. Russia and China are and gets them into the effort to do so. can play in working to build peace. Ms. using economic and military forces to I urge all Members to support its pas- SCHAKOWSKY has been spending a great expand their global influences. Middle sage. deal of her time in representing issues East instability is raising questions as Mr. Speaker, I reserve the balance of such as the one in this bill. In fact, she to how the conflict will impact our my time. was the first one who told me about global economy and America’s national HOUSE OF REPRESENTATIVES, the bill and what they were doing in security. COMMITTEE ON ARMED SERVICES, terms of putting it together; so I really With so much occurring, peace nego- Washington, DC, November 2, 2016. want to commend her. tiations are ongoing. At least one Hon. EDWARD R. ROYCE, It has been nearly 5 years, Mr. study showed us that, in conflict reso- Chairman, Committee on Foreign Affairs, Speaker, since the Obama administra- lution processes, a peace agreement is House of Representatives, Washington, DC. tion unveiled the National Action Plan 35 percent more likely to last at least DEAR MR. CHAIRMAN: I write concerning on Women, Peace, and Security. The H.R. 5332, the Women, Peace, and Security 15 years when women are involved. Act of 2016, as amended, which has been re- idea at the center of the strategy is the Women can often encourage healthy ferred to the Committee on Armed Services. importance of women in their helping choices within the home and can advo- I am writing to confirm that, although there to prevent and resolve conflicts. cate for their children’s education and are certain provisions in the bill that fall Thanks to the administration’s efforts, welfare. Both of these help ensure within the Rule X jurisdiction of the Com- the U.S. has worked to include women greater stability by giving young peo- mittee on Armed Services, the committee in conflict prevention, negotiation, and ple opportunity outside of conflict. will forgo action on this bill in order to expe- resolution. We have promoted efforts Their roles in the global economy also dite this legislation for floor consideration. I am glad we agree that forgoing consider- to enhance the physical and economic help raise countries out of poverty. By ation of the bill does not prejudice the Com- security of women around the world, bringing these perspectives to the ne- mittee on Armed Services with respect to and we have sought to break through gotiating table, different priorities any future jurisdictional claim over the pro- the barriers that have stopped women often emerge, which make peace nego- visions contained in the bill or similar legis- from being full participants in peace tiations much more likely to address a lation that fall within the committee’s Rule processes. We haven’t taken these steps conflict’s underlying causes. We have X jurisdiction. I request you urge the Speak- on a hunch. Research has shown that seen this to be true in places like er to appoint members of the committee to peace negotiations are more likely to any conference committee convened to con- Northern Ireland, Africa, and Asia. sider such provisions. succeed when women have influential With all of this in mind, I introduced Please place a copy of this letter and your positions in the negotiation process. the Women, Peace, and Security Act, response acknowledging our jurisdictional The bill we are considering would along with Representative SCHA- interest into the committee report on H.R. make these policies permanent. It KOWSKY, and with Chairman ROYCE’s 5332 and into the Congressional Record dur- would build on what the Obama admin- and Ranking Member ENGEL’s help. ing consideration of the measure on the istration has accomplished by making The bipartisan legislation ensures that House floor. sure State Department, USAID, and women have a seat at the table when Sincerely, Pentagon personnel are fully trained peace negotiations are ongoing. It WILLIAM M. ‘‘MAC’’ THORNBERRY, Chairman. on the unique strengths that women makes sure that there is meaningful bring to conflict prevention and resolu- congressional oversight. This bill HOUSE OF REPRESENTATIVES, tion. It would also require annual rebuilds on existing U.S. initiatives while COMMITTEE ON FOREIGN AFFAIRS, porting so that Congress can stay ap- requiring a focused and long-term Washington, DC, November 3, 2016. prised of these efforts. I think making strategy with greater congressional Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, this strategy permanent is absolutely oversight. Our legislation will help in- Chairman, House Armed Services Committee, imperative. After all, even though the troduce further accountability. By Washington, DC. administration and bipartisan leader- DEAR MR. CHAIRMAN: Thank you for con- doing so, I am hopeful that we can pro- sulting with the Committee on Foreign Af- ship in Congress have seen the value of vide even greater sustainability out- fairs on H.R. 5332, the Women, Peace, and Se- this approach, we have no idea how fu- comes during future conflict resolu- curity Act of 2016, and for agreeing to be dis- ture administrations and Presidents tions and peace negotiation processes. charged from further consideration of that and Congresses will view women or if I thank the Speaker for considering bill. they will fully appreciate how women’s H.R. 5332, and I urge my colleagues to I agree that your forgoing further action participation can make our foreign support the bill. on this measure does not in any way dimin- policies stronger. Mr. ENGEL. Mr. Speaker, I yield 5 ish or alter the jurisdiction of the Com- I am pleased to support this measure, mittee on Armed Services, or prejudice its minutes to the gentlewoman from Illi- jurisdictional prerogatives on this bill or and I urge all of my colleagues to do nois (Ms. SCHAKOWSKY), who has played similar legislation in the future. I would sup- the same. such a leading role on these issues. port your effort to seek appointment of an Mr. Speaker, I reserve the balance of Ms. SCHAKOWSKY. I thank my col- appropriate number of conferees to any my time. league for yielding.

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.011 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6192 CONGRESSIONAL RECORD — HOUSE November 15, 2016 Mr. Speaker, I rise in support of H.R. Mr. ENGEL. Mr. Speaker, I yield my- United States promotes the meaningful 5332, the Women, Peace, and Security self the balance of my time. participation of women in mediation Act. Once again, I thank Chairman ED and negotiation processes seeking to First, I thank my partner in this ef- ROYCE as well as Representatives NOEM prevent, mitigate, or resolve violent fort, Congresswoman KRISTI NOEM, for and SCHAKOWSKY for their hard work. conflict.’’. all of her work in making this day This is truly bipartisan and is very A motion to reconsider was laid on come, as well as to thank Chairman good for the country. the table. ROYCE, who not only spoke so elo- This is one of these issues that f quently about the importance of this wouldn’t have occurred to many people RECESS legislation, but who helped to make it a generation ago or even a decade ago, happen today. I thank Ranking Mem- but thanks to hard work, research, and The SPEAKER pro tempore. Pursu- ber ENGEL for his leadership in moving innovative thinking, we now know how ant to clause 12(a) of rule I, the Chair this legislation forward. I am so appre- critical it is that women have a seat at declares the House in recess subject to ciative. the table when we are working to pre- the call of the Chair. This is a bipartisan, budget-neutral vent and resolve conflicts. This bill Accordingly (at 12 o’clock and 59 bill to encourage the participation of will help ensure that our foreign policy minutes p.m.), the House stood in re- women in creating peace. As Congress- stays on the cutting edge. cess. man ROYCE said, when women are in- I hope, in the future, we will con- f volved in the peace process, negotia- tinue to do the hard work that is need- b 1538 tions are more likely to end in lasting ed to drive new ideas in foreign policy agreements. He is right in that the and to understand the complexities and AFTER RECESS International Peace Institute found sensitivities of our interconnected, The recess having expired, the House that a peace agreement is 35 percent global landscape. This isn’t kid stuff, was called to order by the Speaker pro more likely to last for at least 15 years and we shouldn’t treat it lightly; so I tempore (Mr. DONOVAN) at 3 o’clock if women participate in drafting the am grateful for the commitment of my and 38 minutes p.m. agreement. The study also found that, colleagues that has helped move this f with a 5 percent increase in women’s bill forward. I urge a ‘‘yes’’ vote. political participation, a nation is five I yield back the balance of my time. CAESAR SYRIA CIVILIAN times less likely to use violence when Mr. ROYCE. Mr. Speaker, I yield my- PROTECTION ACT OF 2016 faced with international crisis or con- self such time as I may consume. Mr. ROYCE. Mr. Speaker, I move to flict. Promoting the participation of From Syria to Afghanistan to Sudan, suspend the rules and pass the bill women abroad is in our country’s stra- armed conflicts are raging all over this (H.R. 5732) to halt the wholesale tegic interest as it increases stability globe, and efforts to negotiate their slaughter of the Syrian people, encour- and economic prosperity. However, ends are more important now than age a negotiated political settlement, women remain underrepresented in ever. We know that when women are and hold Syrian human rights abusers conflict prevention, conflict resolution, included in these discussions that we accountable for their crimes, as and post-conflict peace-building efforts are much more likely to see an endur- amended. around the world. ing peace. As a witness at our hearing The Clerk read the title of the bill. The Women, Peace, and Security Act on women’s participation explained: in- The text of the bill is as follows: is a step toward fixing that imbalance cluding women is not only the right H.R. 5732 and promoting a more peaceful future. thing to do, it is the smart thing to do. Be it enacted by the Senate and House of Rep- The Women, Peace, and Security Act The legislation before us today will resentatives of the United States of America in would, for the very first time, establish strengthen U.S. efforts to promote the Congress assembled, women’s participation as a permanent inclusion of women in peace negotia- SECTION 1. SHORT TITLE AND TABLE OF CON- TENTS. element of U.S. foreign policy under tions in order to create more sustain- (a) SHORT TITLE.—This Act may be cited as congressional oversight. It would also able agreements and reduce that likeli- the ‘‘Caesar Syria Civilian Protection Act of promote greater transparency and ac- hood that we have seen over and over 2016’’. countability in efforts at the Depart- and over again of a return to conflict. (b) TABLE OF CONTENTS.—The table of con- ment of Defense and the Department of I take this moment to thank Rep- tents for this Act is as follows: State. Under the Women, Peace, and resentatives NOEM and SCHAKOWSKY for Sec. 1. Short title and table of contents. Security Act, those departments would their bipartisan work on this measure. Sec. 2. Findings. report annually to Congress on efforts I also want to mention a few staff Sec. 3. Sense of Congress. Sec. 4. Statement of policy. to actively recruit women and to pro- members who have not only worked on our series of focusing month after TITLE I—ADDITIONAL ACTIONS IN CON- mote women’s participation in conflict NECTION WITH THE NATIONAL EMER- prevention and resolution. month on empowering women in nego- GENCY WITH RESPECT TO SYRIA The bill would encourage the United tiations, but on issues beyond that— Sec. 101. Sanctions with respect to Central States to assist women mediators and human trafficking. I especially want to Bank of Syria and foreign per- negotiators by eliminating barriers to thank Jessica Kelch, Janice sons that engage in certain their equal and secure participation in Kaguyutan, Renee Munasifi, and Eliza- transactions. peace processes. In addition, it would beth Cunningham. I thank them all for Sec. 102. Prohibitions with respect to the institute comprehensive training mod- their efforts throughout the years on transfer of arms and related ules on the protection, rights, and spe- these issues. materials to Syria. Sec. 103. Rule of construction. cific needs of women in conflict and As we close, I really urge all of my would require the administration to colleagues to support this important TITLE II—AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT evaluate the impact of U.S. foreign as- legislation. OF 2012 I yield back the balance of my time. sistance on women’s meaningful polit- Sec. 201. Imposition of sanctions with re- ical participation. The SPEAKER pro tempore. The spect to certain persons who The United States plays such a cru- question is on the motion offered by are responsible for or complicit cial role in promoting peace all over the gentleman from California (Mr. in human rights abuses com- the world. By making women’s partici- ROYCE) that the House suspend the mitted against citizens of Syria pation in the peace process a national rules and pass the bill, H.R. 5332, as or their family members. priority, we will improve national and amended. Sec. 202. Imposition of sanctions with re- global security. I am proud to join Con- The question was taken; and (two- spect to the transfer of goods or technologies to Syria that are gresswoman NOEM in championing this thirds being in the affirmative) the likely to be used to commit legislation, and I encourage my col- rules were suspended and the bill, as human rights abuses. leagues to support its passage. amended, was passed. Sec. 203. Imposition of sanctions with re- Mr. ROYCE. Mr. Speaker, I reserve The title of the bill was amended so spect to persons who hinder hu- the balance of my time. as to read: ‘‘A bill to ensure that the manitarian access.

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Report on monitoring and evalu- campaigns, industrial-scale torture and exe- have an aggregate fair market value of ating of ongoing assistance pro- cution of political dissidents, sniper attacks $2,000,000 or more in areas controlled by the grams in Syria and to the Syr- on pregnant women, and the deliberate tar- Government of Syria; ian people. geting of medical facilities, schools, residen- (iii) sold or provided civilian aircraft or Sec. 302. Report on certain persons who are tial areas, and community gathering places, spare parts, or provides significant goods, responsible for or complicit in including markets; services, or technologies associated with the certain human rights violations (3) Assad’s use of chemical weapons, in- operation of aircraft or airlines to any for- in Syria. cluding chlorine, against the Syrian people eign person operating in areas controlled by Sec. 303. Assessment of potential effective- violates the Chemical Weapons Convention; the Government of Syria; or ness of and requirements for and (iv) sold or provided significant goods, the establishment of safe zones (4) Assad’s continued claim of leadership services, or technology to a foreign person or a no-fly zone in Syria. and actions in Syria are a rallying point for operating in the shipping (including ports Sec. 304. Assistance to support entities tak- the extremist ideology of the Islamic State, and free trade zones), transportation, or tele- ing actions relating to gath- Jabhat al-Nusra, and other terrorist organi- communications sectors in areas controlled ering evidence for investiga- zations. by the Government of Syria; tions into war crimes or crimes SEC. 4. STATEMENT OF POLICY. (C) knowingly facilitated efforts by a for- against humanity in Syria It is the policy of the United States that eign person to carry out an activity de- since March 2011. all diplomatic and coercive economic means scribed in subparagraph (A) or (B); should be utilized to compel the government (D) knowingly provided loans, credits, in- TITLE IV—SUSPENSION OF SANCTIONS cluding export credits, or financing to carry WITH RESPECT TO SYRIA of Bashir al-Assad to immediately halt the wholesale slaughter of the Syrian people and out an activity described in subparagraph Sec. 401. Suspension of sanctions with re- (A) or (B); and actively work towards transition to a demo- spect to Syria. (E) is owned or controlled by a foreign per- cratic government in Syria, existing in peace Sec. 402. Waivers and exemptions. son that engaged in the activities described and security with its neighbors. TITLE V—REGULATORY AUTHORITY, in subparagraphs (A) through (C). COST LIMITATION, AND SUNSET TITLE I—ADDITIONAL ACTIONS IN CON- (c) SANCTIONS AGAINST A FOREIGN PER- NECTION WITH THE NATIONAL EMER- Sec. 501. Regulatory authority. SON.—The sanctions to be imposed on a for- GENCY WITH RESPECT TO SYRIA Sec. 502. Cost limitation. eign person described in subsection (b) are Sec. 503. Sunset. SEC. 101. SANCTIONS WITH RESPECT TO CEN- the following: TRAL BANK OF SYRIA AND FOREIGN (1) IN GENERAL.—The President shall exer- SEC. 2. FINDINGS. PERSONS THAT ENGAGE IN CERTAIN cise all powers granted by the International Congress finds the following: TRANSACTIONS. Emergency Economic Powers Act (50 U.S.C. (1) Over 14,000,000 Syrians have become ref- (a) APPLICATION OF CERTAIN MEASURES TO 1701 et seq.) (except that the requirements of ugees or internally displaced persons over CENTRAL BANK OF SYRIA.—Except as provided section 202 of such Act (50 U.S.C. 1701) shall the last five years. in subsections (a) and (b) of section 402, the not apply) to the extent necessary to freeze (2) The Syrian Observatory for Human President shall apply the measures described and prohibit all transactions in all property Rights has reported that since 2012, over in section 5318A(b)(5) of title 31, United and interests in property of the foreign per- 60,000 Syrians, including children, have died States Code, to the Central Bank of Syria. son if such property and interests in prop- in Syrian prisons. (b) BLOCKING PROPERTY OF FOREIGN PER- erty are in the United States, come within (3) In July 2014, the Committee on Foreign SONS THAT ENGAGE IN CERTAIN TRANS- the United States, or are or come within the Affairs of the House of Representatives heard ACTIONS.— possession or control of a United States per- testimony from a former Syrian military (1) IN GENERAL.—Beginning on and after son. photographer, alias ‘‘Caesar’’, who fled Syria the date that is 30 days after the date of the (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, and smuggled out thousands of photos of tor- enactment of this Act, the President shall OR PAROLE.— tured bodies. In testimony, Caesar said, ‘‘I impose on a foreign person the sanctions de- (A) VISAS, ADMISSION, OR PAROLE.—An alien have seen horrendous pictures of bodies of scribed in subsection (c) if the President de- who the Secretary of State or the Secretary people who had tremendous amounts of tor- termines that such foreign person has, on or of Homeland Security (or a designee of one of ture, deep wounds and burns and strangula- after such date of enactment, knowingly en- such Secretaries) knows, or has reason to be- tion.’’. gaged in an activity described in paragraph lieve, meets any of the criteria described in (4) In a June 16, 2015, hearing of the Com- (2). subsection (a) is— mittee on Foreign Affairs of the House of (2) ACTIVITIES DESCRIBED.—A foreign person (i) inadmissible to the United States; Representatives, United States Permanent engages in an activity described in this para- (ii) ineligible to receive a visa or other doc- Representative to the United Nations, graph if the foreign person— umentation to enter the United States; and Samantha Power, testified that there are (A) knowingly provided significant finan- (iii) otherwise ineligible to be admitted or alarming and grave reports that the Assad cial, material or technological support to paroled into the United States or to receive regime has been turning chlorine into a (including engaging in or facilitating a sig- any other benefit under the Immigration and chemical weapon, and on June 16, 2015, Sec- nificant transaction or transactions with) or Nationality Act (8 U.S.C. 1101 et seq.). retary of State John Kerry stated that he provided significant financial services for— (B) CURRENT VISAS REVOKED.— was ‘‘absolutely certain’’ that the Assad re- (i) the Government of Syria (including Syr- (i) IN GENERAL.—The issuing consular offi- gime has used chlorine against his people. ia’s intelligence and security services or its cer, the Secretary of State, or the Secretary (5) The Assad regime has repeatedly armed forces or government entities oper- of Homeland Security (or a designee of one of blocked civilian access to or diverted hu- ating as a business enterprise) and the Cen- such Secretaries) shall revoke any visa or manitarian assistance, including medical tral Bank of Syria, or any of its agents or af- other entry documentation issued to an alien supplies, to besieged and hard-to-reach areas, filiates; or who meets any of the criteria described in in violation of United Nations Security (ii) a foreign person subject to sanctions subsection (a) regardless of when issued. Council resolutions. pursuant to— (ii) EFFECT OF REVOCATION.—A revocation (6) The course of the Syrian transition and (I) the International Emergency Economic under clause (i)— its future leadership may depend on what the Powers Act (50 U.S.C. 1701 et seq.) with re- (I) shall take effect immediately; and United States and its partners do now to spect to Syria or any other provision of law (II) shall automatically cancel any other save Syrian lives, alleviate suffering, and that imposes sanctions with respect to valid visa or entry documentation that is in help Syrians determine their own future. Syria; or the alien’s possession. SEC. 3. SENSE OF CONGRESS. (II) a resolution that is agreed to by the (3) EXCEPTION TO COMPLY WITH UNITED NA- It is the sense of Congress that— United Nations Security Council that im- TIONS HEADQUARTERS AGREEMENT.—Sanctions (1) Bashar al-Assad’s murderous actions poses sanctions with respect to Syria; under paragraph (2) shall not apply to an against the people of Syria have caused the (B) knowingly— alien if admitting the alien into the United deaths of more than 400,000 civilians, led to (i) sold or provided significant goods, serv- States is necessary to permit the United the destruction of more than 50 percent of ices, technology, information, or other sup- States to comply with the Agreement re- Syria’s critical infrastructure, and forced port that could directly and significantly fa- garding the Headquarters of the United Na- the displacement of more than 14,000,000 peo- cilitate the maintenance or expansion of tions, signed at Lake Success June 26, 1947, ple, precipitating the worst humanitarian Syria’s domestic production of natural gas and entered into force November 21, 1947, be- crisis in more than 60 years; or petroleum or petroleum products of Syr- tween the United Nations and the United (2) international actions to date have been ian origin in areas controlled by the Govern- States, or other applicable international ob- insufficient in protecting vulnerable popu- ment of Syria; ligations. lations from being attacked by uniformed (ii) sold or provided to Syria crude oil or (4) PENALTIES.—The penalties provided for and irregular forces, including Hezbollah, as- condensate, refined petroleum products, liq- in subsections (b) and (c) of section 206 of the

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International Emergency Economic Powers (B) is owned or controlled by a foreign per- (4) KNOWINGLY.—The term ‘‘knowingly’’ Act (50 U.S.C. 1705) shall apply to a person son described in paragraph (1). has the meaning given such term in section that knowingly violates, attempts to violate, (b) SANCTIONS AGAINST A FOREIGN PER- 566.312 of title 31, Code of Federal Regula- conspires to violate, or causes a violation of SON.—The sanctions to be imposed on a for- tions, as such section was in effect on the regulations promulgated under section 501(a) eign person described in subsection (a) are date of the enactment of this Act. to carry out paragraph (1) of this subsection the following: (5) SYRIA.—The term ‘‘Syria’’ has the to the same extent that such penalties apply (1) IN GENERAL.—The President shall exer- meaning given such term in section 542.316 of to a person that knowingly commits an un- cise all powers granted by the International title 31, Code of Federal Regulations, as such lawful act described in section 206(a) of that Emergency Economic Powers Act (50 U.S.C. section was in effect on the date of the en- Act. 1701 et seq.) (except that the requirements of actment of this Act. (d) DEFINITIONS.—In this section: section 202 of such Act (50 U.S.C. 1701) shall (6) UNITED STATES PERSON.—The term (1) ADMITTED; ALIEN.—The terms ‘‘admit- not apply) to the extent necessary to freeze ‘‘United States person’’ has the meaning ted’’ and ‘‘alien’’ have the meanings given and prohibit all transactions in all property given such term in section 542.319 of title 31, such terms in section 101 of the Immigration and interests in property of the foreign per- Code of Federal Regulations, as such section and Nationality Act (8 U.S.C. 1101). son if such property and interests in prop- was in effect on the date of the enactment of (2) FINANCIAL, MATERIAL, OR TECHNOLOGICAL erty are in the United States, come within this Act. SUPPORT.—The term ‘‘financial, material, or the United States, or are or come within the SEC. 103. RULE OF CONSTRUCTION. technological support’’ has the meaning possession or control of a United States per- The sanctions that are required to be im- given such term in section 542.304 of title 31, son. Code of Federal Regulations, as such section posed under this title are in addition to (2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, was in effect on the date of the enactment of other similar or related sanctions that are OR PAROLE.— this Act. required to be imposed under any other pro- (A) VISAS, ADMISSION, OR PAROLE.—An alien (3) GOVERNMENT OF SYRIA.—The term ‘‘Gov- vision of law. who the Secretary of State or the Secretary ernment of Syria’’ has the meaning given TITLE II—AMENDMENTS TO SYRIA HUMAN of Homeland Security (or a designee of one of such term in section 542.305 of title 31, Code RIGHTS ACCOUNTABILITY ACT OF 2012 such Secretaries) knows, or has reason to be- of Federal Regulations, as such section was lieve, meets any of the criteria described in SEC. 201. IMPOSITION OF SANCTIONS WITH RE- in effect on the date of the enactment of this subsection (a) is— SPECT TO CERTAIN PERSONS WHO Act. ARE RESPONSIBLE FOR OR (i) inadmissible to the United States; (4) KNOWINGLY.—The term ‘‘knowingly’’ COMPLICIT IN HUMAN RIGHTS has the meaning given such term in section (ii) ineligible to receive a visa or other doc- ABUSES COMMITTED AGAINST CITI- 566.312 of title 31, Code of Federal Regula- umentation to enter the United States; and ZENS OF SYRIA OR THEIR FAMILY tions, as such section was in effect on the (iii) otherwise ineligible to be admitted or MEMBERS. date of the enactment of this Act. paroled into the United States or to receive (a) IN GENERAL.—Section 702(c) of the any other benefit under the Immigration and (5) PETROLEUM OR PETROLEUM PRODUCTS OF Syria Human Rights Accountability Act of SYRIAN ORIGIN.—The term ‘‘petroleum or pe- Nationality Act (8 U.S.C. 1101 et seq.). 2012 (22 U.S.C. 8791(c)) is amended to read as troleum products of Syrian origin’’ has the (B) CURRENT VISAS REVOKED.— follows: meaning given such term in section 542.314 of (i) IN GENERAL.—The issuing consular offi- ‘‘(c) SANCTIONS DESCRIBED.— title 31, Code of Federal Regulations, as such cer, the Secretary of State, or the Secretary ‘‘(1) IN GENERAL.—The President shall exer- section was in effect on the date of the en- of Homeland Security (or a designee of one of cise all powers granted by the International actment of this Act. such Secretaries) shall revoke any visa or Emergency Economic Powers Act (50 U.S.C. (6) SIGNIFICANT TRANSACTION OR TRANS- other entry documentation issued to an alien 1701 et seq.) (except that the requirements of ACTIONS; SIGNIFICANT FINANCIAL SERVICES.—A who meets any of the criteria described in section 202 of such Act (50 U.S.C. 1701) shall transaction or transactions or financial serv- subsection (a) regardless of when issued. not apply) to the extent necessary to freeze ices shall be determined to be a significant (ii) EFFECT OF REVOCATION.—A revocation and prohibit all transactions in all property for purposes of this section in accordance under clause (i)— and interests in property of a person on the with section 566.404 of title 31, Code of Fed- (I) shall take effect immediately; and list required by subsection (b) if such prop- eral Regulations, as such section was in ef- (II) shall automatically cancel any other erty and interests in property are in the fect on the date of the enactment of this Act. valid visa or entry documentation that is in United States, come within the United (7) SYRIA.—The term ‘‘Syria’’ has the the alien’s possession. States, or are or come within the possession meaning given such term in section 542.316 of (3) EXCEPTION TO COMPLY WITH UNITED NA- or control of a United States person. title 31, Code of Federal Regulations, as such TIONS HEADQUARTERS AGREEMENT.—Sanctions ‘‘(2) ALIENS INELIGIBLE FOR VISAS, ADMIS- section was in effect on the date of the en- under paragraph (2) shall not apply to an SION, OR PAROLE.— actment of this Act. alien if admitting the alien into the United ‘‘(A) VISAS, ADMISSION, OR PAROLE.—An SEC. 102. PROHIBITIONS WITH RESPECT TO THE States is necessary to permit the United alien who the Secretary of State or the Sec- TRANSFER OF ARMS AND RELATED States to comply with the Agreement re- retary of Homeland Security (or a designee MATERIALS TO SYRIA. garding the Headquarters of the United Na- of one of such Secretaries) knows, or has rea- (a) SANCTIONS.— tions, signed at Lake Success June 26, 1947, son to believe, meets any of the criteria de- (1) IN GENERAL.—Beginning on and after and entered into force November 21, 1947, be- scribed in subsection (b) is— the date that is 30 days after the date of the tween the United Nations and the United ‘‘(i) inadmissible to the United States; enactment of this Act, the President shall States, or other applicable international ob- ‘‘(ii) ineligible to receive a visa or other impose on a foreign person the sanctions de- ligations. documentation to enter the United States; scribed in subsection (b) if the President de- (4) PENALTIES.—A person that violates, at- and termines that such foreign person has, on or tempts to violate, conspires to violate, or ‘‘(iii) otherwise ineligible to be admitted or after such date of enactment, knowingly ex- causes a violation of any regulation, license, paroled into the United States or to receive ported, transferred, or provided significant or order issued to carry out this section shall any other benefit under the Immigration and financial, material, or technological support be subject to the penalties set forth in sub- Nationality Act (8 U.S.C. 1101 et seq.). to the Government of Syria to— sections (b) and (c) of section 206 of the ‘‘(B) CURRENT VISAS REVOKED.— (A) acquire or develop chemical, biological, International Emergency Economic Powers ‘‘(i) IN GENERAL.—The issuing consular offi- or nuclear weapons or related technologies; Act (50 U.S.C. 1705) to the same extent as a cer, the Secretary of State, or the Secretary (B) acquire or develop ballistic or cruise person that commits an unlawful act de- of Homeland Security (or a designee of one of missile capabilities; scribed in subsection (a) of that section. such Secretaries) shall revoke any visa or (C) acquire or develop destabilizing num- (c) DEFINITIONS.—In this section: other entry documentation issued to an alien bers and types of advanced conventional (1) ADMITTED; ALIEN.—The terms ‘‘admit- who meets any of the criteria described in weapons; ted’’ and ‘‘alien’’ have the meanings given subsection (b) regardless of when issued. (D) acquire defense articles, defense serv- such terms in section 101 of the Immigration ‘‘(ii) EFFECT OF REVOCATION.—A revocation ices, or defense information (as such terms and Nationality Act (8 U.S.C. 1101). under clause (i)— are defined under the Arms Export Control (2) FINANCIAL, MATERIAL, OR TECHNOLOGICAL ‘‘(I) shall take effect immediately; and Act (22 U.S.C. 2751 et seq.)); or SUPPORT.—The term ‘‘financial, material, or ‘‘(II) shall automatically cancel any other (E) acquire items designated by the Presi- technological support’’ has the meaning valid visa or entry documentation that is in dent for purposes of the United States Muni- given such term in section 542.304 of title 31, the alien’s possession. tions List under section 38(a)(1) of the Arms Code of Federal Regulations, as such section ‘‘(3) PENALTIES.—A person that violates, Export Control Act (22 U.S.C. 2778(a)(1)). was in effect on the date of the enactment of attempts to violate, conspires to violate, or (2) APPLICABILITY TO OTHER FOREIGN PER- this Act. causes a violation of this section or any reg- SONS.—The sanctions described in subsection (3) FOREIGN PERSON.—The term ‘‘foreign ulation, license, or order issued to carry out (b) shall also be imposed on any foreign per- person’’ has the meaning given such term in this section shall be subject to the penalties son that— section 594.304 of title 31, Code of Federal set forth in subsections (b) and (c) of section (A) is a successor entity to a foreign person Regulations, as such section was in effect on 206 of the International Emergency Eco- described in paragraph (1); or the date of the enactment of this Act. nomic Powers Act (50 U.S.C. 1705) to the

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same extent as a person that commits an un- ‘‘(b) LIST OF PERSONS WHO HINDER HUMANI- (1) Bashar Al-Assad. lawful act described in subsection (a) of that TARIAN ACCESS.— (2) Asma Al-Assad. section. ‘‘(1) IN GENERAL.—Not later than 120 days (3) Rami Makhlouf. ‘‘(4) REGULATORY AUTHORITY.—The Presi- after the date of the enactment of the Caesar (4) Bouthayna Shaaban. dent shall, not later than 90 days after the Syria Civilian Protection Act of 2016, the (5) Walid Moallem. date of the enactment of this section, pro- President shall submit to the appropriate (6) Ali Al-Salim. mulgate regulations as necessary for the im- congressional committees a list of persons (7) Wael Nader Al-Halqi. plementation of this section. that the President determines have engaged (8) Jamil Hassan. ‘‘(5) EXCEPTION TO COMPLY WITH UNITED NA- in hindering the prompt and safe access for (9) Suhail Hassan. TIONS HEADQUARTERS AGREEMENT.—Sanctions the United Nations, its specialized agencies (10) Ali Mamluk. under paragraph (2) shall not apply to an and implementing partners, national and (11) Muhammed Khadour, Deir Ez Zor Mili- alien if admitting the alien into the United international non-governmental organiza- tary and Security. States is necessary to permit the United tions, and all other actors engaged in hu- (12) Jamal Razzouq, Security Branch 243. States to comply with the Agreement re- manitarian relief activities in Syria, includ- (13) Munzer Ghanam, Air Force Intel- garding the Headquarters of the United Na- ing across conflict lines and borders. ligence. tions, signed at Lake Success June 26, 1947, ‘‘(2) UPDATES OF LIST.—The President shall (14) Daas Hasan Ali, Branch 327. and entered into force November 21, 1947, be- submit to the appropriate congressional (15) Jassem Ali Jassem Hamad, Political tween the United Nations and the United committees an updated list under paragraph Security. States, or other applicable international ob- (1)— (16) Samir Muhammad Youssef, Military ligations. ‘‘(A) not later than 300 days after the date Intelligence. ‘‘(6) RULE OF CONSTRUCTION.—Nothing in of the enactment of the Caesar Syria Civil- (17) Ali Ahmad Dayoub, Air Force Intel- this section shall be construed to limit the ian Protection Act of 2016 and every 180 days ligence. authority of the President to impose addi- thereafter; and (18) Khaled Muhsen Al-Halabi, Security tional sanctions pursuant to the Inter- ‘‘(B) as new information becomes avail- Branch 335. national Emergency Economic Powers Act able. (19) Mahmoud Kahila, Political Security. (50 U.S.C. 1701 et seq.), relevant Executive or- ‘‘(3) FORM OF REPORT; PUBLIC AVAIL- (20) Zuhair Ahmad Hamad, Provincial Se- ders, regulations, or other provisions of ABILITY.— curity. law.’’. ‘‘(A) FORM.—The list required by paragraph (21) Wafiq Nasser, Security Branch 245. (b) SERIOUS HUMAN RIGHTS ABUSES DE- (1) shall be submitted in unclassified form (22) Qussay Mayoub, Air Force Intel- SCRIBED.—Section 702 of the Syria Human but may contain a classified annex. ligence. Rights Accountability Act of 2012 (22 U.S.C. ‘‘(B) PUBLIC AVAILABILITY.—The unclassi- (23) Muhammad Ammar Sardini, Political 8791) is amended by adding at the end the fol- fied portion of the list required by paragraph Security. lowing: (1) shall be made available to the public and (24) Fouad Hammouda, Military Security. ‘‘(d) SERIOUS HUMAN RIGHTS ABUSES DE- posted on the websites of the Department of (25) Hasan Daaboul, Branch 261. SCRIBED.—In subsection (b), the term ‘serious the Treasury and the Department of State.’’; (26) Yahia Wahbi, Air Force Intelligence. human rights abuses’ includes— and (27) Okab Saqer, Security Branch 318. ‘‘(1) the deliberate targeting of civilian in- (3) in section 706 (as so redesignated), by (28) Husam Luqa, Political Security. frastructure to include schools, hospitals, striking ‘‘or 704’’ and inserting ‘‘704, or 705’’. (29) Sami Al-Hasan, Security Branch 219. and markets; and TITLE III—REPORTS AND WAIVER FOR (30) Yassir Deeb, Political Security. ‘‘(2) hindering the prompt and safe access HUMANITARIAN-RELATED ACTIVITIES (31) Ibrahim Darwish, Security Branch 220. for all actors engaged in humanitarian relief WITH RESPECT TO SYRIA (32) Nasser Deeb, Political Security. activities, including across conflict lines and SEC. 301. REPORT ON MONITORING AND EVALU- (33) Abdullatif Al-Fahed, Security Branch borders.’’. ATING OF ONGOING ASSISTANCE 290. (c) EFFECTIVE DATE.—The amendments PROGRAMS IN SYRIA AND TO THE (34) Adeeb Namer Salamah, Air Force In- made by subsections (a) and (b) shall take ef- SYRIAN PEOPLE. telligence. fect on the date of the enactment of this Act (a) IN GENERAL.—Not later than 180 days (35) Akram Muhammed, State Security. and shall apply with respect to the imposi- after the date of the enactment of this Act, (36) Reyad Abbas, Political Security. tion of sanctions under section 702(a) of the the Secretary of State and the Adminis- (37) Ali Abdullah Ayoub, Syrian Armed Syria Human Rights Accountability Act of trator of the United States Agency for Inter- Forces. 2012 on after such date of enactment. national Development shall submit to the (38) Fahd Jassem Al-Freij, Defense Min- SEC. 202. IMPOSITION OF SANCTIONS WITH RE- Committee on Foreign Affairs of the House istry. SPECT TO THE TRANSFER OF GOODS of Representatives and the Committee on (39) Issam Halaq, Air Force. OR TECHNOLOGIES TO SYRIA THAT Foreign Relations of the Senate a report on (40) Ghassan Al-Abdullah, General Intel- ARE LIKELY TO BE USED TO COMMIT the monitoring and evaluation of ongoing as- ligence Directorate. HUMAN RIGHTS ABUSES. sistance programs in Syria and to the Syrian (41) Maher Al-Assad, Republican Guard. Section 703(b)(2)(C) of the Syria Human people. (42) Fahad Al-Farouch. Rights Accountability Act of 2012 (22 U.S.C. (b) MATTERS TO BE INCLUDED.—The report (43) Rafiq Shahada, Military Intelligence. 8792(b)(2)(C)) is amended— required by subsection (a) shall include— (44) Loay Al-Ali, Military Intelligence. (1) in clause (i), by striking ‘‘or’’ at the (1) the specific project monitoring and (45) Nawfal Al-Husayn, Military Intel- end; evaluation plans, including measurable goals ligence. (2) in clause (ii), by striking the period at and performance metrics for assistance in (46) Muhammad Zamrini, Military Intel- the end and inserting a semicolon; and Syria; and ligence. (3) by adding at the end the following: (2) the major challenges to monitoring and (47) Muhammad Mahallah, Military Intel- ‘‘(iii) any article designated by the Presi- evaluating programs in Syria. ligence. dent for purposes of the United States Muni- SEC. 302. REPORT ON CERTAIN PERSONS WHO (c) FORM OF REPORT; PUBLIC AVAIL- tions List under section 38(a)(1) of the Arms ARE RESPONSIBLE FOR OR ABILITY Export Control Act (22 U.S.C. 2778(a)(1)); or COMPLICIT IN CERTAIN HUMAN .— ‘‘(iv) other goods or technologies that the RIGHTS VIOLATIONS IN SYRIA. (1) FORM.—The list required by subsection President determines may be used by the (a) IN GENERAL.—Not later than 120 days (a) shall be submitted in unclassified form, Government of Syria to commit human after the date of the enactment of this Act, but may contain a classified annex if nec- rights abuses against the people of Syria.’’. the President shall submit to the appro- essary. (2) PUBLIC AVAILABILITY.—The unclassified SEC. 203. IMPOSITION OF SANCTIONS WITH RE- priate congressional committees a detailed SPECT TO PERSONS WHO HINDER report with respect to whether each person portion of the list required by paragraph (1) HUMANITARIAN ACCESS. described in subsection (b) is a person that shall be made available to the public and The Syria Human Rights Accountability meets the requirements described in section posted on the Web sites of the Department of Act of 2012 (22 U.S.C. 8791 et seq.) is amend- 702(b) of the Syria Human Rights Account- the Treasury and the Department of State. ed— ability Act of 2012 (22 U.S.C. 8791(b) for pur- (d) DEFINITION.—In this section, the term (1) by redesignating sections 705 and 706 as poses of inclusion on the list of persons who ‘‘appropriate congressional committees’’ sections 706 and 707, respectively; are responsible for or complicit in certain means— (2) by inserting after section 704 the fol- human rights abuses under such section. For (1) the Committee on Foreign Affairs, the lowing: any such person who is not included in such Committee on Financial Services, the Com- ‘‘SEC. 705. IMPOSITION OF SANCTIONS WITH RE- report, the President should include in the mittee on Ways and Means, and the Com- SPECT TO PERSONS WHO HINDER report a description of the reasons why the mittee on the Judiciary of the House of Rep- HUMANITARIAN ACCESS. person was not included, including informa- resentatives; and ‘‘(a) IN GENERAL.—The President shall im- tion on whether sufficient credible evidence (2) the Committee on Foreign Relations, pose sanctions described in section 702(c) of responsibility for such abuses was found. the Committee on Banking, Housing, and with respect to each person on the list re- (b) PERSONS DESCRIBED.—The persons de- Urban Affairs, and the Committee on the Ju- quired by subsection (b). scribed in this subsection are the following: diciary of the Senate.

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SEC. 303. ASSESSMENT OF POTENTIAL EFFEC- (1) NEGOTIATIONS NOT CONCLUDING IN AGREE- (i) the conditions described in clauses (i) TIVENESS OF AND REQUIREMENTS MENT.—If the President determines that and (ii) of subparagraph (A) are continuing FOR THE ESTABLISHMENT OF SAFE internationally recognized negotiations to to be met; ZONES OR A NO-FLY ZONE IN SYRIA. resolve the violence in Syria have not con- (ii) the renewal of the suspension of sanc- (a) IN GENERAL.—Not later than 90 days cluded in an agreement or are likely not to tions is essential to implementing an agree- after the date of the enactment of this Act, ment described in subparagraph (A) or mak- the President shall submit to the appro- conclude in an agreement, the President may ing progress toward concluding an agree- priate congressional committee a report suspend, as appropriate, in whole or in part, that— the imposition of sanctions otherwise re- ment described in subparagraph (A); (1) assesses the potential effectiveness, quired under this Act or any amendment (iii) the Government of Syria and associ- risks, and operational requirements of the made by this Act for a period not to exceed ated forces have ceased attacks against Syr- establishment and maintenance of a no-fly 120 days, and renewable for additional peri- ian civilians; and zone over part or all of Syria, including— ods not to exceed 120 days, if the President (iv) the Government of Syria has pub- (A) the operational and legal requirements submits to the appropriate congressional lically committed to negotiations for a tran- for United States and coalition air power to committees in writing a determination and sitional government in Syria and continues establish a no-fly zone in Syria; certification that the Government of Syria to demonstrate that commitment through (B) the impact a no-fly zone in Syria would has ended military attacks against and gross sustained engagement in talks and sub- have on humanitarian and counterterrorism violations of the human rights of the Syrian stantive and verifiable progress towards the efforts in Syria and the surrounding region; people, specifically— implementation of such an agreement. and (A) the air space over Syria is no longer (3) BRIEFING AND REIMPOSITION OF SANC- (C) the potential for force contributions being utilized by the Government of Syria TIONS.— from other countries to establish a no-fly and associated forces to target civilian popu- (A) BRIEFING.—Not later than 30 days after zone in Syria; and lations through the use of incendiary de- the President submits to the appropriate (2) assesses the potential effectiveness, vices, including barrel bombs, chemical congressional committees a determination risks, and operational requirements for the weapons, and conventional arms, including and certification in the case of a renewal of establishment of one or more safe zones in air-delivered missiles and explosives; suspension of sanctions under paragraph Syria for internally displaced persons or for (B) areas besieged by the Assad regime and (2)(B), and every 30 days thereafter, the the facilitation of humanitarian assistance, associated forces, including Hezbollah and ir- President shall provide a briefing to the ap- including— regular Iranian forces, are no longer cut off propriate congressional committees on the (A) the operational and legal requirements from international aid and have regular ac- status and frequency of negotiations de- for United States and coalition forces to es- cess to humanitarian assistance, freedom of scribed in paragraph (2). tablish one or more safe zones in Syria; travel, and medical care; (B) RE-IMPOSITION OF SANCTIONS.—If the (B) the impact one or more safe zones in (C) the Government of Syria is releasing President provides a briefing to the appro- Syria would have on humanitarian and all political prisoners forcibly held within priate congressional committees under sub- counterterrorism efforts in Syria and the the Assad regime prison system, including paragraph (A) with respect to which the surrounding region; and the facilities maintained by various secu- President indicates a lapse in negotiations (C) the potential for contributions from rity, intelligence, and military elements as- described in paragraph (2) for a period that other countries and vetted non-state actor sociated with the Government of Syria and equals or exceeds 90 days, the sanctions that partners to establish and maintain one or allowed full access to the same facilities for were suspended under paragraph (2)(B) shall more safe zones in Syria. investigations by appropriate international be re-imposed and any further suspension of (b) FORM.—The report required by sub- human rights organizations; and such sanctions is prohibited. section (a) shall be submitted in unclassified (D) the forces of the Government of Syria (4) DEFINITION.—In this subsection, the form, but may contain a classified annex if and associated forces, including Hezbollah, term ‘‘appropriate congressional commit- necessary. irregular Iranian forces, and Russian govern- tees’’ means— (c) DEFINITION.—In this section, the term ment air assets, are no longer engaged in de- (A) the Committee on Foreign Affairs, the ‘‘appropriate congressional committees’’ liberate targeting of medical facilities, Committee on Financial Services, the Com- means— schools, residential areas, and community mittee on Ways and Means, and the Com- (1) the Committee on Foreign Affairs and gathering places, including markets, in fla- mittee on the Judiciary of the House of Rep- the Committee on Armed Services of the grant violation of international norms. resentatives; and House of Representatives; and (2) NEGOTIATIONS CONCLUDING IN AGREE- (B) the Committee on Foreign Relations, (2) the Committee on Foreign Relations MENT.— the Committee on Banking, Housing, and and the Committee on Armed Services of the (A) INITIAL SUSPENSION OF SANCTIONS.—If Urban Affairs, and the Committee on the Ju- Senate. the President determines that internation- diciary of the Senate. SEC. 304. ASSISTANCE TO SUPPORT ENTITIES ally recognized negotiations to resolve the (b) SENSE OF CONGRESS TO BE CONSIDERED TAKING ACTIONS RELATING TO violence in Syria have concluded in an agree- FOR DETERMINING A TRANSITIONAL GOVERN- GATHERING EVIDENCE FOR INVES- ment or are likely to conclude in an agree- MENT IN SYRIA.—It is the sense of Congress TIGATIONS INTO WAR CRIMES OR ment, the President may suspend, as appro- that a transitional government in Syria is a CRIMES AGAINST HUMANITY IN SYRIA SINCE MARCH 2011. priate, in whole or in part, the imposition of government that— (a) IN GENERAL.—The Secretary of State, sanctions otherwise required under this Act (1) is taking verifiable steps to release all acting through the Assistant Secretary for or any amendment made by this Act for a pe- political prisoners and provided full access Democracy, Human Rights and Labor and riod not to exceed 120 days if the President to Syrian prisons for investigations by ap- the Assistant Secretary for International submits to the appropriate congressional propriate international human rights organi- Narcotics and Law Enforcement Affairs, is committees in writing a determination and zations; authorized to provide assistance to support certification that— (2) is taking verifiable steps to remove entities that are conducting criminal inves- (i) in the case in which the negotiations former senior Syrian Government officials tigations, building Syrian investigative ca- are likely to conclude in an agreement— who are complicit in the conception, imple- pacity, supporting prosecutions in national (I) the Government of Syria, the Syrian mentation, or cover up of war crimes, crimes courts, collecting evidence and preserving High Negotiations Committee or its suc- against humanity, or human rights abuses the chain of evidence for eventual prosecu- cessor, and appropriate international parties from government positions and any person tion against those who have committed war are participating in direct, face-to-face nego- subject to sanctions under any provision of crimes or crimes against humanity in Syria, tiations; and law; including the aiding and abetting of such (II) the suspension of sanctions under this (3) is in the process of organizing free and crimes by foreign governments and organiza- Act or any amendment made by this Act is fair elections for a new government— tions supporting the Government of Syria, essential to the advancement of such nego- (A) to be held in a timely manner and since March 2011. tiations; and scheduled while the suspension of sanctions (b) REPORT.—Not later than one year after (ii) the Government of Syria has dem- or the renewal of the suspension of sanctions the date of the enactment of this Act, the onstrated a commitment to a significant and under this section is in effect; and Secretary of State shall submit to the Com- substantial reduction in attacks on and vio- (B) to be conducted under the supervision mittee on Foreign Affairs of the House of lence against the Syrian people by the Gov- of internationally recognized observers; Representatives and the Committee on For- ernment of Syria and associated forces. (4) is making tangible progress toward es- eign Relations of the Senate a detailed re- (B) RENEWAL OF SUSPENSION OF SANC- tablishing an independent judiciary; port on assistance provided under subsection TIONS.—The President may renew a suspen- (5) is demonstrating respect for and com- (a). sion of sanctions under subparagraph (A) for pliance with internationally recognized TITLE IV—SUSPENSION OF SANCTIONS additional periods not to exceed 120 days if, human rights and basic freedoms as specified WITH RESPECT TO SYRIA for each such additional period, the Presi- in the Universal Declaration of Human SEC. 401. SUSPENSION OF SANCTIONS WITH RE- dent submits to the appropriate congres- Rights; SPECT TO SYRIA. sional committees in writing a determina- (6) is taking steps to verifiably fulfill its (a) SUSPENSION OF SANCTIONS.— tion and certification that— commitments under the Chemical Weapons

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Development, Production and Stockpiling of made by this Act unless the organization or TITLE V—REGULATORY AUTHORITY, COST Bacteriological (Biological) and Toxin Weap- its officers, members, representatives or em- LIMITATION, AND SUNSET ons and on their Destruction, entered into ployees have engaged in (or the President SEC. 501. REGULATORY AUTHORITY. force March 26, 1975, and adhering to the Mis- knows or has reasonable ground to believe is (a) IN GENERAL.—The President shall, not sile Technology Control Regime and other engaged in or is likely to engage in) conduct later than 90 days after the date of the enact- control lists, as necessary; described in section 212(a)(3)(B)(iv)(VI) of the ment of this Act, promulgate regulations as (7) has halted the development and deploy- Immigration and Nationality Act (8 U.S.C. necessary for the implementation of this Act ment of ballistic and cruise missiles; and 1182(a)(3)(B)(iv)(VI)). and the amendments made by this Act. (8) is taking verifiable steps to remove (5) EXCEPTION TO WAIVER AUTHORITY.—The (b) NOTIFICATION TO CONGRESS.—Not less from positions of authority within the intel- President may not exercise the waiver au- than 10 days before the promulgation of reg- ligence and security services as well as the thority under paragraph (2) with respect to a ulations under subsection (a), the President military those who were in a position of au- foreign person who has (or whose officers, shall notify and provide to the appropriate thority or responsibility during the conflict members, representatives or employees congressional committees the proposed regu- and who under the authority of their posi- have) engaged in (or the President knows or lations and the provisions of this Act and the tion were implicated in or implicit in the has reasonable ground to believe is engaged amendments made by this Act that the regu- torture, extrajudicial killing, or execution of in or is likely to engage in) conduct de- lations are implementing. civilians, to include those who were involved scribed in section 212(a)(3)(B)(iv)(VI) of the (c) DEFINITION.—In this section, the term in decisionmaking or execution of plans to Immigration and Nationality Act (8 U.S.C. ‘‘appropriate congressional committees’’ use chemical weapons. 1182(a)(3)(B)(iv)(VI)). means— (c) WAIVER.— SEC. 402. WAIVERS AND EXEMPTIONS. (1) the Committee on Foreign Affairs and (1) IN GENERAL.—The President may, on a (a) EXEMPTIONS.—The following activities the Committee on Financial Services of the case-by-case basis and for periods not to ex- and transactions shall be exempt from sanc- House of Representatives; and ceed 120 days, waive the application of sanctions authorized under this Act: (2) the Committee on Foreign Relations (1) Any activity subject to the reporting tions under this Act with respect to a foreign person if the President certifies to the appro- and the Committee on Banking, Housing, requirements under title V of the National and Urban Affairs of the Senate. Security Act of 1947 (50 U.S.C. 3091 et seq.), priate congressional committees that such SEC. 502. COST LIMITATION. or to any authorized intelligence activities waiver is vital to the national security inter- No additional funds are authorized to carry of the United States. ests of the United States. out the requirements of this Act and the (2) Any transaction necessary to comply (2) CONSULTATION.— amendments made by this Act. Such require- with United States obligations under— (A) BEFORE WAIVER ISSUED.—Not later than ments shall be carried out using amounts (A) the Agreement between the United Na- 5 days before the issuance of a waiver under otherwise authorized. tions and the United States of America re- paragraph (1) is to take effect, the President garding the Headquarters of the United Na- shall notify and brief the appropriate con- SEC. 503. SUNSET. tions, signed at Lake Success June 26, 1947, gressional committees on the status of the This Act shall cease to be effective begin- and entered into force November 21, 1947; or foreign person involvement in activities de- ning on December 31, 2021. (B) the Convention on Consular Relations, scribed in this Act. The SPEAKER pro tempore. Pursu- done at Vienna April 24, 1963, and entered (B) AFTER WAIVER ISSUED.—Not later than ant to the rule, the gentleman from into force March 19, 1967. 90 days after the issuance of a waiver under California (Mr. ROYCE) and the gen- (b) HUMANITARIAN AND DEMOCRACY ASSIST- paragraph (1), and every 120 days thereafter tleman from New York (Mr. ENGEL) ANCE WAIVER.— if the waiver remains in effect, the President each will control 20 minutes. (1) STATEMENT OF POLICY.—It shall be the shall brief the appropriate congressional policy of the United States to fully utilize committees on the status of the foreign per- The Chair recognizes the gentleman the waiver authority under this subsection son’s involvement in activities described in from California. to ensure that adequate humanitarian relief this Act. GENERAL LEAVE or support for democracy promotion is pro- (3) DEFINITION.—In this subsection, the Mr. ROYCE. Mr. Speaker, I ask unan- vided to the Syrian people. term ‘‘appropriate congressional commit- imous consent that all Members may (2) WAIVER.—Except as provided in para- tees’’ means— have 5 legislative days to revise and ex- graph (5), the President may waive, on a (A) the Committee on Foreign Affairs, the tend their remarks and to enter any case-by-case basis, for a period not to exceed Committee on Financial Services, the Com- 120 days, and renewable for additional peri- mittee on Ways and Means, and the Com- extraneous material into the RECORD. ods not to exceed 120 days, the application of mittee on the Judiciary of the House of Rep- The SPEAKER pro tempore. Is there sanctions authorized under this Act with re- resentatives; and objection to the request of the gen- spect to a person if the President submits to (B) the Committee on Foreign Relations, tleman from California? the appropriate congressional committees a the Committee on Banking, Housing, and There was no objection. written determination that the waiver is Urban Affairs, and the Committee on the Ju- Mr. ROYCE. Mr. Speaker, I yield my- necessary for purposes of providing humani- diciary of the Senate. self such time as I may consume. tarian assistance or support for democracy (d) CODIFICATION OF CERTAIN SERVICES IN Mr. Speaker, I want to thank, first of promotion to the people of Syria. SUPPORT OF NONGOVERNMENTAL ORGANIZA- all, the gentleman from New York (Mr. (3) CONTENT OF WRITTEN DETERMINATION.—A TIONS’ ACTIVITIES AUTHORIZED.— ENGEL). He is the ranking member of written determination submitted under para- (1) IN GENERAL.—Except as provided in graph (1) with respect to a waiver shall in- paragraph (2), section 542.516 of title 31, Code this committee, but he has also been clude a description of all notification and ac- of Federal Regulations (relating to certain the leader in authorizing this critical countability controls that have been em- services in support of nongovernmental orga- legislation and also has been such a ployed in order to ensure that the activities nizations’ activities authorized), as in effect prophetic voice on this subject of Syria covered by the waiver are humanitarian as- on the day before the date of the enactment policy from the beginning, from that sistance or support for democracy promotion of this Act, shall— first day when we saw people out, on and do not entail any activities in Syria or (A) remain in effect on and after such date CNN, out on the streets in Damascus, dealings with the Government of Syria not of enactment; and saying, ‘‘peaceful, peaceful,’’ only to reasonably related to humanitarian assist- (B) in the case of a nongovernmental orga- ance or support for democracy promotion. nization that is authorized to export or reex- see the automatic weapons of the re- (4) CLARIFICATION OF PERMITTED ACTIVITIES port services to Syria under such section on gime open up on those citizens. UNDER WAIVER.—The President may not im- the day before such date of enactment, shall From that day forward, he has tried pose sanctions authorized under this Act apply to such organization on and after such to focus us on this issue. against a humanitarian organization for— date of enactment to the same extent and in I wish this body and I wish the White (A) engaging in a financial transaction re- the same manner as such section applied to House had done more to heed his calls, lating to humanitarian assistance or for hu- such organization on the day before such for what we have now is a grim lesson, manitarian purposes pursuant to a waiver date of enactment. a grim lesson in human suffering. The issued under paragraph (1); (2) EXCEPTION.—Section 542.516 of title 31, Syrian regime has launched wave after (B) transporting goods or services that are Code of Federal Regulations, as codified wave after wave of unrelenting destruc- necessary to carry out operations relating to under paragraph (1), shall not apply with re- humanitarian assistance or humanitarian spect to a foreign person who has (or whose tion, and I am talking about the air- purposes pursuant to such a waiver; or officers, members, representatives or em- strikes, the chemical weapons, the (C) having incidental contact, in the course ployees have) engaged in (or the President starvation, the industrial-scale tor- of providing humanitarian assistance or aid knows or has reasonable ground to believe is ture, and the deliberate targeting, as

VerDate Sep 11 2014 02:05 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.007 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6198 CONGRESSIONAL RECORD — HOUSE November 15, 2016 we have seen time and time again, of and from increased humanitarian aid tion, and that our Committee will be appro- hospitals and of schools and of market- to serious, increased assistance to the priately consulted and involved as this or places with precision bombs, and then moderate opposition, to safe zones, to similar legislation moves forward so that we with crude barrel bombs, and then with the application of U.S. economic may address any remaining issues that fall within our Rule X jurisdiction. Our Com- chemical weapons. power, there are options available. mittee also reserves the right to seek ap- These are the hallmarks of life for These options are available to us. pointment of an appropriate number of con- millions of people in Syria. The num- This particular legislation is de- ferees to any House-Senate conference in- ber of dead from this alone exceeds signed to increase the cost to Assad volving this or similar legislation, and re- 450,000, and another 14 million souls and to his outside backers by targeting quests your support for any such request. have been driven from their homes. the sectors of the economy that allow Finally, I would ask that a copy of our ex- ISIS plays a role, also, for the people Assad to murder with impunity. change of letters on this matter be included of Syria in the violence that they face in the Congressional Record during floor b 1545 consideration of the legislation. there, and so it is that they face this Under the bill, foreign companies and Sincerely, twin challenge. But it is Bashar al- JEB HENSARLING, Assad and his backers that have this banks will have to choose between Chairman. instrument of death from the air, this doing business with that regime that is capacity. carrying out these kinds of practices or HOUSE OF REPRESENTATIVES, It is Russia, it is Iran and Hezbollah with the United States. COMMITTEE ON FOREIGN AFFAIRS, who now are the primary drivers of the For there to be peace in Syria, the Washington, DC, September 15, 2016. death and the destruction. It is the parties must come together. And as Hon. BOB GOODLATTE, Chairman, Committee on the Judiciary, Russian and Syrian fighter planes, hel- long as Assad and his backers can slaughter the people of Syria with no Washington, DC. icopters, that drop these bombs on DEAR CHAIRMAN GOODLATTE: Thank you for these hospitals and schools. It is consequences, there is no hope for consulting with the Foreign Affairs Com- Hezbollah, and it is the IRGC fighters peace. mittee and agreeing to be discharged from from Iran and the commanders who be- Mr. Speaker, this bill is long overdue. further consideration of H.R. 5732, the Caesar siege cities, who burn the crops and I urge all Members to support this leg- Syria Civilian Protection Act of 2016, so that prevent food and water and medical islation as we seek to ease the suf- the bill may proceed expeditiously to the fering of the Syrian people. House floor. supplies from reaching cities. It is I agree that your forgoing further action Assad’s secret police and intelligence Mr. Speaker, I reserve the balance of my time. on this measure does not in any way dimin- groups, the intelligence apparatus of ish or alter the jurisdiction of your com- maybe 14 different agencies, who kid- HOUSE OF REPRESENTATIVES, mittee, or prejudice its jurisdictional prerog- nap and then torture and then get new COMMITTEE ON FOREIGN AFFAIRS, atives on this resolution or similar legisla- names from those they have killed and Washington, DC, September 15, 2016. tion in the future. I would support your ef- Hon. JEB HENSARLING, fort to seek appointment of an appropriate then go out to repeat that process and Chairman, Committee on Financial Services, murder civilians from every ethnic number of conferees from your committee to Washington, DC. any House-Senate conference on this legisla- group and every political party. Wheth- DEAR CHAIRMAN HENSARLING: Thank you tion. er Sunni or Shia or Christian or for consulting with the Foreign Affairs Com- I will seek to place our letters on H.R. 5732 Alawite, none are safe. mittee and agreeing to be discharged from into the Congressional Record during floor We have gone through, in the com- further consideration of H.R. 5732, the Caesar consideration of the resolution. I appreciate mittee, some of the—well, there were Syria Civilian Protection Act of 2016, so that your cooperation regarding this legislation tens of thousands of photographs, but I the bill may proceed expeditiously to the and look forward to continuing to work to- House floor. think we have identified 11,000 souls, gether as this measure moves through the I agree that your forgoing further action legislative process. people in these photographs that were on this measure does not in any way dimin- Sincerely, individually killed, tortured and killed ish or alter the jurisdiction of your com- EDWARD R. ROYCE, in the prisons, Assad’s prisons. mittee, or prejudice its jurisdictional prerog- Chairman. And there is this bizarre—I have atives on this resolution or similar legisla- never understood it—this bizarre focus tion in the future. I would support your ef- HOUSE OF REPRESENTATIVES, on recording every death. That is why fort to seek appointment of an appropriate COMMITTEE ON THE JUDICIARY, we know the numbers, recording the number of conferees from your committee to Washington, DC, September 16, 2016. any House-Senate conference on this legisla- death and putting a number on that Hon. EDWARD R. ROYCE, tion. Chairman, Committee on Foreign Affairs, body and cataloging this. For some I will seek to place our letters on H.R. 5732 Washington, DC. reason, totalitarian regimes have done into the Congressional Record during floor DEAR CHAIRMAN ROYCE: I write with re- this from the Soviet era to the Nazis to consideration of the resolution. I appreciate spect to H.R. 5732, the ‘‘Caesar Syria Civilian Pol Pot; and for whatever reason, this your cooperation regarding this legislation Protection Act of 2016,’’ which was referred practice continues. and look forward to continuing to work to- to the Committee on Foreign Affairs and in The Foreign Affairs Committee heard gether as this measure moves through the addition to the Committee on the Judiciary the agonizing testimony from Syrians legislative process. among others. As a result of your having Sincerely, caught in this horror, including the consulted with us on provisions within H.R. EDWARD R. ROYCE, 5732 that fall within the Rule X jurisdiction brave Syrian defector known to the Chairman. of the Committee on the Judiciary, I agree world now as Caesar and for whom this to discharge our committee from further bill is named, who testified to us of the HOUSE OF REPRESENTATIVES, consideration of this bill so that it may pro- shocking scale of torture being carried COMMITTEE ON FINANCIAL SERVICES, ceed expeditiously to the House floor for con- out within the prisons of Syria. It was Washington, DC, September 16, 2016. sideration. his job for the regime to document this Hon. ED ROYCE, The Judiciary Committee takes this action with his camera. Chairman, Committee on Foreign Affairs, with our mutual understanding that by fore- Throughout all of the suffering, the Washington, DC. going consideration of H.R. 5732 at this time, DEAR CHAIRMAN ROYCE: I am writing con- we do not waive any jurisdiction over subject administration has failed to use the cerning H.R. 5732, the ‘‘Caesar Syria Civilian matter contained in this or similar legisla- tools at its disposal. Time after time, Protection Act of 2016.’’ tion and that our committee will be appro- when given the opportunity to take As a result of your having consulted with priately consulted and involved as this bill steps to stop this suffering, the admin- the Committee on Financial Services con- or similar legislation moves forward so that istration has decided not to decide; and cerning provisions in the bill that fall within we may address any remaining issues in our that, itself, unfortunately, has set a our Rule X jurisdiction, I agree to forgo ac- jurisdiction. Our committee also reserves course where here we sit and we watch, tion on the bill so that it may proceed expe- the right to seek appointment of an appro- ditiously to the House Floor. The Committee priate number of conferees to any House- and the violence only worsens. on Financial Services takes this action with Mr. Speaker, America has been sit- Senate conference involving this or similar our mutual understanding that, by foregoing legislation and asks that you support any ting back and watching these atroc- consideration of H.R. 5732 at this time, we do such request. ities for far too long. Vital U.S. na- not waive any jurisdiction over the subject I would appreciate a response to this letter tional security interests are at stake, matter contained in this or similar legisla- confirming this understanding with respect

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When Syrian helicopters BOB GOODLATTE, And more than 80 of our colleagues on would attack, at least the civilians Chairman. both sides of the aisle have joined as would hear them coming and have a cosponsors, putting their support be- few minutes to run for cover. President HOUSE OF REPRESENTATIVES, hind this legislation. This is what I Putin’s planes don’t even give them COMMITTEE ON WAYS AND MEANS, said before, this is what we do best on that chance. Washington, DC, August 1, 2016. the Foreign Affairs Committee, Mr. Under this legislation, if you are act- Hon. EDWARD R. ROYCE, Speaker: we advance meaningful legis- ing as a lifeline to the Assad regime, Chairman, Committee on Foreign Affairs, lation with broad-based support. Washington, DC. you risk getting caught up in the net DEAR CHAIRMAN ROYCE: I am writing with Mr. Speaker, 2 years ago, as Mr. of our sanctions. respect to H.R. 5732, the ‘‘Caesar Syria Civil- ROYCE just said, a man known as Cae- Mr. Speaker, we marked this bill up ian Protection Act of 2016.’’ As a result of sar sat before the Foreign Affairs Com- in committee several months ago. It your having consulted with us on provisions mittee and told his story through was ready to come to the floor before in H.R. 5732 that fall within the Rule X juris- words and, horrifically, through pic- we left for the election. But, at the diction of the Committee on Ways and tures. He was a photographer who Means, I agree not to request a sequential re- time, a cease-fire showed a glimmer of worked for the Assad Government in hope, and we thought maybe we can ferral on this bill so that it may proceed ex- Syria. The images he captured of the peditiously to the House floor. wait because maybe the cease-fire The Committee on Ways and Means takes Assad regime’s brutality eventually would come, but it didn’t. The glimmer this action with the mutual understanding pushed him to defect to the opposition. has gone out. It is time now, finally, to that by forgoing formal consideration of His real name wasn’t Caesar. He was take a different approach and try to H.R. 5732, we do not waive any jurisdiction in hiding. He wore a mask. We couldn’t move towards a resolution. over the subject matter contained in this or see his face. These are images he When we are on that path, the bill similar legislation, and the Committee will shared with members of our com- be appropriately consulted and involved as will also help lay the groundwork for mittee: images of death, torture, and addressing the war crimes and the the bill or similar legislation moves forward unthinkable, inhuman cruelty. I will so that we may address any remaining issues crimes against humanity that have never forget what he showed us. We that fall within our Rule X jurisdiction. The marked this conflict. This bill will know that what we saw was the small- Committee also reserves the right to seek guide efforts to put together evidence est fraction of what the Assad regime appointment of an appropriate number of for an eventual prosecution and would conferees to any House-Senate conference in- was inflicting on its own citizens, and establish a report so that the world volving this or similar legislation, and re- we know that violence has gone on knows the names of those responsible quests your support for such request. unabated for at least 2 years since. for these brutal human rights viola- Finally, I would appreciate your response Those bodies—those dead bodies—lined to this letter confirming this understanding, tions. up are unbelievable. I will never get it and would ask that a copy of our exchange of Once again, I am grateful to Chair- letters on this matter be included in the out of my mind. More is needed to jolt this crisis out man ROYCE for his leadership. He has Congressional Record during floor consider- been a strong and consistent voice on ation thereof. of its bloody status quo. I welcome the Sincerely, recent decision by the European Union Syria, and I know he wants to see an KEVIN BRADY, to sanction members of the regime re- end to the bloodshed as well. Chairman. sponsible for the brutal air campaign I ask all Members to support my bill. against civilians in Aleppo. We need to Mr. Speaker, I reserve the balance of HOUSE OF REPRESENTATIVES, look for more ways to work with part- my time. COMMITTEE ON FOREIGN AFFAIRS, Mr. ROYCE. Mr. Speaker, I yield 4 ners to dial up pressure on Assad and Washington, DC, September 15, 2016. minutes to the gentlewoman from Hon. KEVIN BRADY, his enablers. This bill would give the administration more tools to do so. It Florida (Ms. ROS-LEHTINEN). She chairs Chairman, Committee on Ways and Means, the Foreign Affairs Subcommittee on Washington, DC. will impose new sanctions on parties DEAR CHAIRMAN BRADY: Thank you for con- that continue to do business with the the Middle East and North Africa. sulting with the Foreign Affairs Committee Assad regime. Ms. ROS-LEHTINEN. Mr. Speaker, I on HR. 5732, the Caesar Syria Civilian Pro- thank the chairman and my good As Chairman ROYCE said 3, 31⁄2 years tection Act of 2016, and for agreeing to forgo ago, 4 years ago, I thought that we friend, the ranking member, for bring- a sequential referral request so that the bill should have aided the Free Syria ing forth this important bill to the may proceed expeditiously to the House floor before us today. floor. Army. They came to us in Washington I agree that your declining to pursue a se- and begged us for help. They weren’t I rise in strong support of this bill, quential referral in this case does not dimin- looking for American troops. They H.R. 5732, the Caesar Syria Civilian ish or alter the jurisdiction of the Com- were simply looking for weaponry. Protection Act, a bill of which I am mittee on Ways and Means, or prejudice its I really believe if we had given it to proud to be an original cosponsor. And jurisdictional prerogatives on this bill or them, the situation in Syria would I want to thank again our wonderful similar legislation in the future. I would sup- have been different today. You can’t chairman and esteemed ranking mem- port your effort to seek appointment of an ber for always working together in a appropriate number of conferees from your prove it because it didn’t happen. But committee to any House-Senate conference all I know is we never would have strong bipartisan manner to bring im- on this legislation. imagined that now, as we are going portant issues to the House floor. This I will seek to place our letters on this bill into the new year of 2017, Assad still bill is no exception. into the Congressional Record during floor clings to power at the expense of kill- Often lost in the debate on the fight consideration of the bill. I appreciate your ing millions of his citizens. against ISIS or the future of Syria is cooperation regarding this legislation and So we need to look for more ways to the humanitarian crisis that has re- look forward to continuing to work with the work with partners to dial up pressure sulted from this conflict that is now in Committee on Ways and Means as this measure moves through the legislative process. on Assad and his enablers. This bill its sixth year with no end in sight. Sincerely, would give the administration, as I These numbers are horrific. You heard EDWARD R. ROYCE, mentioned, more tools. It would impose Chairman ROYCE and Ranking Member Chairman. new sanctions on parties that continue ENGEL speak of them: hundreds of Mr. ENGEL. Mr. Speaker, I yield my- to do business with the Assad regime. thousands dead, millions that have fled self such time as I may consume. We want to go after the things driving their homes, and millions more who Mr. Speaker, I rise in support of my the war machine: money, airplanes, are in desperate need of assistance. measure. spare parts, oil—the military supply Yet the Assad regime and its patrons First of all, as usual, I want to thank chain. And, yes, we want to go after in Iran and Russia continue to bring our chairman, ED ROYCE, for his leader- Assad’s partners in violence. pain and suffering to the people of

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Bashar al-Assad’s regime has Actions need to be taken, Mr. Speak- legacy; and atrocities, as we have re- committed horrific abuses against ci- er, against Assad and his regime, and counted, the targeting of children, the vilians in his country by employing they need to be taken against those targeting of hospitals, and the tar- widespread torture and other tactics who are providing materiel support to geting of schools. that have shocked the international Assad that allows this horrific conflict Clearly, this Congress can and should community. The regime also continues to continue. act, and that is why I am so pleased to to block aid from reaching parts of Accountability is imperative, and be a cosponsor of this and to join my Syria in spite of U.N. Security Council that is what this bill aims to do. Mr. colleagues in supporting this impor- resolutions calling for access to hu- Speaker, this bill builds upon a bill tant legislation. manitarian assistance. This legislation that I authored in 2012 which became This legislation would bring much- holds not only regime officials ac- law: the Iran Threat Reduction and needed and long overdue account- countable but also those who are pro- Syria Human Rights Act. It expands ability to the Assad regime. After all, viding the regime the support it needs the sanctions currently on the books, they are responsible for these horrific to carry out its appalling crimes. and it gives the administration the crimes. It would do so by imposing b 1600 tools to go after those who are respon- sanctions on those responsible and for sible for this humanitarian crisis and those who are abetting these cold- Since 2011, millions have been forced the ongoing suffering of the people of hearted and merciless acts. It would to flee from their homes to escape the Syria. authorize the Department of State to brutal violence and unlivable condi- I was so pleased to work with Chair- do what they need to do to assist those tions that plague the country. Half a man ROYCE and Ranking Member entities investigating these terrible million people have died. I believe that ENGEL to include amendments that I war crimes and to hold the Assad re- strong action is long overdue. H.R. 5732 authored into this bill that would de- gime accountable. is a step forward, and I encourage all of termine that denying or hindering ac- It would mandate that the U.S. Gov- my colleagues to vote in favor of it. cess to humanitarian aid is, indeed, a ernment explore every option available I want to thank Representative serious human rights violation and, as to it to address this horrific conflict, to ENGEL for introducing this important such, would allow the administration do whatever we can in order to bring it legislation and Chairman ROYCE for all to sanction any individual responsible to an end, and to use every tool we of his work. for doing so. have available to us to stand with the Mr. ENGEL. Mr. Speaker, I reserve The United Nations Security Council Syrian people. Assad must be held ac- the balance of my time. has already passed several resolutions countable for this massacre—the mas- Mr. ROYCE. Mr. Speaker, I yield 2 to allow for direct and free access to sacre of his own people. minutes to the gentleman from New It is also important, as we move for- humanitarian aid. But, Mr. Speaker, as Jersey (Mr. SMITH), chairman of the ward with this legislation, that we reported in a recent GAO review that I Foreign Affairs subcommittee respon- pause for a moment to thank those commissioned alongside our esteemed sible not only for Africa, but also for many people who have worked for so Foreign Affairs colleagues, Congress- global human rights issues. long to get this legislation to the floor. man TED DEUTCH, RON DESANTIS, and Mr. SMITH of New Jersey. Mr. I am talking about citizens, particu- Speaker, I want to thank my good GERRY CONNOLLY, the Assad regime, larly a lot of young people who, facing between the years 2015 and earlier this friend and colleague, ED ROYCE, the incredible pain, have made it their chairman of our committee, for his year, has denied 100 of the 113 requests cause to ensure that this day comes. from the United Nations to deliver hu- leadership on all things related to the Let’s not just stand with the Syrian Syrian crisis, the Iranian crisis, and manitarian aid. This is unconscionable. people against Assad but also stand This must be put to an end imme- the large number of hearings that we with those who have brought this ques- have had that have brought a focus on diately. tion to us, and validate and support This step, therefore, Mr. Speaker, is these horrific atrocities being com- their exercise of their civic responsi- mitted by Assad. And I want to thank a step in that correct direction to bring bility and their democratic efforts to ELIOT ENGEL for sponsoring the Caesar accountability to Assad and the sup- get this Congress to do the work of the porters of this evil regime for the Syria Civilian Protection Act of 2016. American people. Mr. Speaker, for more than 5 years, atrocities they have committed or are Our principles demand that we sup- the Assad regime has been committing complicit in. port this legislation. This is the Amer- crimes against humanity and war I would urge my colleagues to sup- ican thing to do. We have to act, and I port this important measure before us, am proud to stand with my colleagues crimes against civilians, including and I would urge the administration to and encourage all my colleagues— murder, torture, and rape, and has been lend its strong support for this bill and Democrats and Republicans—to speak doing so on an industrial scale. No one use this legislation as an opportunity with one voice on this matter and pass has been spared from its targeting—not to fully and vigorously enforce these this really critical and important hu- even children. These atrocities have sanctions in an attempt to put an end manitarian legislation. fueled the largest refugee crisis since to one of the greatest humanitarian Mr. Speaker, I thank the ranking World War II, overwhelming the region tragedies in a generation. member for his time, and I thank the and propelling a refugee crisis in Eu- Mr. Speaker, I thank Mr. ROYCE and chairman for his efforts on this matter. rope. More than 6 million people are Mr. ENGEL. Mr. ROYCE. Mr. Speaker, I yield 2 also internally displaced inside of Mr. ENGEL. Mr. Speaker, I yield 4 minutes to the gentleman from Florida Syria, which has become one of the minutes to the gentleman from Michi- (Mr. CURBELO). most deadly places in the world to de- gan (Mr. KILDEE) who was an original Mr. CURBELO of Florida. Mr. Speak- liver humanitarian assistance. cosponsor of the bill. er, I thank the chairman for yielding. The administration’s response has Mr. KILDEE. Mr. Speaker, I thank Mr. Speaker, today I rise in strong not stopped the carnage, nor have the my friend, the ranking member, and support of H.R. 5732, the Caesar Syria European efforts. This has emboldened Chairman ROYCE for their work on this Civilian Protection Act of 2016. This the regime; and for months the Syrian really important piece of legislation. legislation would impose sanctions on and Russian militaries have systemati- For 5 years—for 5 long years—the those who are responsible for the Syr- cally been bombing Aleppo, Syria’s world has witnessed this terrible trag- ian humanitarian crisis and on those most populous city before the conflict, edy unfold before our eyes. Nearly half who hinder or deny humanitarian as- and they have been bombing it into a million Syrians have been killed—not sistance in Syria by declaring that to rubble. soldiers—men, women, and children be a serious abuse of human rights. The United States must impose the killed, 5 million Syrian citizens driven I have consistently said that the con- strongest available sanctions on per- from their own country, 10 million dis- flict in Syria is one of the greatest petrators in the Syrian regime who are

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.018 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6201 complicit in these atrocities and for- Our committee, as Eliot has shared sive campaign now by the Russian Air eigners who feed its killing machine. with you, has heard firsthand accounts Force that has joined the Syrian Air This legislation is a very, very impor- of the suffering. I guess the one thing I Force in hitting Aleppo and other parts tant step in that direction. would say is that the EU has finally of the country. Even the United Na- I urge its support and, again, thank been moved to take steps recently. We tions calls this crimes of historic pro- the chairman and the ranking member welcome those steps to sanction those portions—crimes of historic propor- for their leadership. within the Assad regime responsible for tions. Mr. ENGEL. Mr. Speaker, I yield my- the brutal air campaign against inno- Enough is enough. Today we send a self such time as I may consume. cent civilians in Aleppo. message that this will not stand and We cannot delay action on Syria any We heard firsthand accounts not only that the United States will work to en- longer. The violence has gone on too of the suffering, but we heard the testi- sure that war crimes committed by long and at too great a cost. If we don’t mony from Raed Saleh of the Syrian Assad, that the war machine cannot get this legislation across the finish White Helmets. These are the doctors rain down on the people of Syria line in the next few weeks, we are back and the nurses and the volunteers who unrelentingly. It is not too late to act. at square one. actually, when the bombs come, run to- We have to cut off their ability to have The gentlewoman from Florida (Ms. ward the areas that have been hit in this capacity, and we have to put those ROS-LEHTINEN), who spoke earlier, order to try to get the injured civilians sanctions in place on this. talked about working in this region medical treatment. They try to provide I urge all Members to support this and the legislation that we did. Well, in relief for these victims. They have lost legislation. 2004, I believe, she and I cosponsored over 600 doctors and nurses. Doctors I yield back the balance of my time. the Syria Accountability Act and it and nurses come from all over the Ms. JACKSON LEE. Mr. Speaker, as a passed into law. We really regarded it world to try to assist. former member of the Committee on Foreign at the time as a major achievement When Mr. ENGEL told you about these Affairs and Senior Member of the House Judi- which helped calm things down in that bunker-buster bombs that are being ciary Committee; I rise in support of H.R. area. But now it has been many years dropped from the air, they are being 5732, the ‘‘Caesar Syria Civilian Protection Act and things are getting worse. dropped on civilians, but they are also of 2016.’’ When I speak with people who have being dropped on the hospitals. In The situation in Syria is truly appalling, inno- direct knowledge of what is going on Aleppo, there are six hospitals. Four of cent civilians are subject to the Assad’s bru- on a daily basis in Aleppo and in other them have been destroyed. Last week, tality. places, they tell me that not only are four of those last six were utterly de- Over 14 million Syrians have become refu- barrel bombs being dropped on the ci- stroyed by bunker-buster bombs gees or have been internally displaced over vilian population—and, as somebody dropped by Russian planes and by the the last five years. mentioned before, these aren’t people Syrian Air Force. But there are two The Syrian transition and its future leader- dying who are dying in war; they are that are partially left. In these two, ship are likely to depend on what the United civilians, and they have had barrel there is, no longer, morphine and there States and its partners do now to save the bombs dropped on them, which is ter- are, no longer, medical supplies. They lives of innocent Syrians. rible—now do you know what the Assad bring those injured who have some I am pleased to join in co-sponsoring this regime is doing? It is dropping bunker- chance of survival in there to try to legislation that will hinder the Assad’s access buster bombs on its people, on its civil- treat them. In the meantime, the to resources it uses to harm its people. This bill is named in honor of the coura- ians. So the people who go under- bombs rain down every day. ground—literally underground—to They were nominated, the organiza- geous former Syrian military photographer, avoid the bombs from being dropped on tion, the White Helmets—the volunteer known as ‘‘Caesar,’’ who testified before the top of them get murdered by bunker- group, doctors and nurses—for a Nobel House Foreign Affairs Committee in 2014 busting bombs that actually go there Peace Prize, but so many of them now about the Assad regime’s torture of Syrian ci- and have no purpose except to kill in- have gone to their graves. vilians. nocent civilians. It is absolutely a dis- We have heard of the terror. Dr. H.R. 5732 will help halt the slaughter of the grace, and we cannot stand idly by and Mohamed Tennari of the Syrian Amer- Syrian people, encourage a negotiated polit- just allow this to happen. ican Medical Society described for the ical settlement, and hold Syrian human rights This legislation won’t tie the hands committee the sound of those heli- abusers accountable for their crimes. H.R. 5732 requires the President to report of this administration or the next ad- copters overhead, the thump of explod- to Congress the persons responsible for, or ministration. This bill has plenty of ing bombs and the overpowering smell complicit in, gross violations of human rights flexibility built in so that we can adapt of bleach in the area, that bleach that to changing conditions. But if we pass of the Syrian people. is dropped as part of chemical weap- This process will name and shame the vio- it and put it to work, this measure will onry, and then the effects of the toxic tie the hands of the Assad regime. It lator of these human rights. gas on the human body: foaming at the H.R. 5732 additionally requires the Presi- will help to cut off its ability to carry mouth, gasping for breath, dying slow, dent to impose new sanctions on anyone who out violence against its own people, agonizing deaths as the chlorine gas (1) does business with or provides financing to and it will discourage other powers turns to hydrochloric acid in the lungs the Government of Syria, including Syrian in- from sustaining the campaign of vio- of the victims. telligence and security services, or the Central lence. Many of those victims—so many of Bank of Syria; I echo every word that was said today those victims—are children, and so (2) provides aircraft or spare parts for air- from our colleagues on both sides of many of those attacks come in the craft to Syria’s airlines (including financing); the aisle. So let’s do the right thing for dead of night. And again, these are the (3) does business with transportation or the Syrian people, the right thing for broad civilian areas of that country telecom sectors controlled by the Syrian gov- humanity, and pass this bill. I urge all that are not presently controlled by ernment; or Members to vote ‘‘aye.’’ the Assad regime. We are not talking (4) supports Syria’s energy industry. I yield back the balance of my time. about the attacks on the front lines. H.R. 5732 requires the President to submit Mr. ROYCE. Mr. Speaker, I yield my- We are talking about the attacks on a report on the potential effectiveness of im- self such time as I may consume. hospitals in the civilian sectors. posing a No-Fly Zone and the risks, and oper- In closing, I want to once again rec- Mr. Speaker, for 5 years, or nearly ational requirements of the establishment. ognize our colleague, Ranking Member that, international diplomats have de- This report will a ditionally contain mainte- ELIOT ENGEL, not only for authoring bated ways to protect the civilian pop- nance updates of a no-fly zone or a safe zone this bill, but, over the years, for rais- ulations targeted by the Assad regime over part or all of Syria. ing this issue with his colleagues, with and its backers. Listen, we can see the H.R. 5732 authorizes the President also to the President of the United States, ethnic cleansing going on. There is a waive sanctions on a case-by-case basis. with the media, and with the NGO reason why you have got 14 million Sanctions cans also be suspended if the community in order to try to get ac- people fleeing. parties are engaged in meaningful negotiation. And I thank, also, other Members It is this aggressive campaign, when tions and the violence against civilians has who contributed on this bill. we talk about ethnic cleansing, aggres- ceased.

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K15NO7.020 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6202 CONGRESSIONAL RECORD — HOUSE November 15, 2016 Suspension is renowable if the suspension as the Iran-Libya Sanctions Act. The matter in the Congressional Record during is critical to the continuation of negotiations goal was to stop significant foreign in- floor consideration thereof. and attacks against civilians have ceased. vestment in Iran’s energy sector, deny- Sincerely, On balance, I support H.R. 5732 because it ing the Iranian regime the ability to fi- KEVIN BRADY, Chairman. will help alleviate the suffering of the Syrian nancially support international ter- people. rorism, nuclear proliferation, and, HOUSE OF REPRESENTATIVES, I urge my colleagues to join me in voting for frankly, missile proliferation as well. COMMITTEE ON FOREIGN AFFAIRS, H.R. 5732. Since then, this legislation has been re- Washington, DC, November 14, 2016. The SPEAKER pro tempore. The authorized and expanded on several oc- Hon. KEVIN BRADY, question is on the motion offered by casions. Chairman, Committee on Ways and Means, the gentleman from California (Mr. Washington, DC. After years of bipartisan work in the DEAR CHAIRMAN BRADY: Thank you for con- ROYCE) that the House suspend the Congress, the Iran Sanctions Act has sulting with the Foreign Affairs Committee rules and pass the bill, H.R. 5732, as served here as the statutory foundation and agreeing to be discharged from further amended. of the Iran sanctions regime. Of course, consideration of H.R. 6297, the Iran Sanc- The question was taken; and (two- President Obama developed his nuclear tions Extension Act, so that the bill may thirds being in the affirmative) the deal with Iran; and in doing so, that proceed expeditiously to the House floor. rules were suspended and the bill, as dismantles part of that regime. I agree that your forgoing further action amended, was passed. on this measure does not in any way dimin- I would just point out that, just last ish or alter the jurisdiction of your com- A motion to reconsider was laid on week, we heard that a major European mittee, or prejudice its jurisdictional prerog- the table. energy firm is close to investing $6 bil- atives on this resolution or similar legisla- f lion in Iran to develop natural gas, tion in the future. I would support your ef- IRAN SANCTIONS EXTENSION ACT which will, in turn, frankly, enrich the fort to seek appointment of an appropriate regime. number of conferees from your committee to Mr. ROYCE. Mr. Speaker, I move to any House-Senate conference on this legisla- suspend the rules and pass the bill tion. (H.R. 6297) to reauthorize the Iran b 1615 I will seek to place our letters on H.R. 6297 Sanctions Act of 1996. into the Congressional Record during floor The difficulty is in terms of enforce- consideration of the resolution. I appreciate The Clerk read the title of the bill. ment. What if—and I would assert your cooperation regarding this legislation The text of the bill is as follows: ‘‘when’’—Iran is found moving towards and look forward to continuing to work to- H.R. 6297 a bomb? How will we respond to that? gether as this measure moves through the Be it enacted by the Senate and House of Rep- The Obama administration has long legislative process. resentatives of the United States of America in said that sanctions on Iran would snap Sincerely, Congress assembled, EDWARD R. ROYCE, back if this were to happen. For that to Chairman. SECTION 1. SHORT TITLE. happen, we need this legislation be- This Act may be cited as the ‘‘Iran Sanc- cause, if the law expires, as the Iran HOUSE OF REPRESENTATIVES, tions Extension Act’’. Sanctions Act is set to do at the end of COMMITTEE ON FOREIGN AFFAIRS, SEC. 2. REAUTHORIZATION OF IRAN SANCTIONS Washington, DC, November 14, 2016. ACT OF 1996. next month, there is nothing to snap Hon. JASON CHAFFETZ, Section 13(b) of the Iran Sanctions Act of back to. The Obama administration has struggled to answer that question. Chairman, Committee on Oversight and Govern- 1996 (Public Law 104–172; 50 U.S.C. 1701 note) ment Reform, Washington, DC. is amended by striking ‘‘December 31, 2016’’ Here is the bottom line: if we let the DEAR MR. CHAIRMAN: Thank you for con- and inserting ‘‘December 31, 2026’’. clock run out on the Iran Sanctions sulting with the Foreign Affairs Committee The SPEAKER pro tempore. Pursu- Act, Congress will take away an impor- and agreeing to be discharged from further ant to the rule, the gentleman from tant tool to keep Tehran in check, and consideration of H.R. 6297, the Iran Sanc- California (Mr. ROYCE) and the gen- that, in turn, will only further jeop- tions Extension Act, so that the bill may proceed expeditiously to the House floor. tleman from New York (Mr. ENGEL) ardize America’s national security. I I agree that your forgoing further action each will control 20 minutes. urge all Members to support this. on this measure does not in any way dimin- The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of ish or alter the jurisdiction of your com- from California. my time. mittee, or prejudice its jurisdictional prerog- GENERAL LEAVE HOUSE OF REPRESENTATIVES, atives on this resolution or similar legislation in the future. I would support your ef- Mr. ROYCE. Mr. Speaker, I ask unan- COMMITTEE ON WAYS AND MEANS, imous consent that all Members may Washington, DC, November 15, 2016. fort to seek appointment of an appropriate Hon. EDWARD R. ROYCE, number of conferees from your committee to have 5 legislative days to revise and ex- any House-Senate conference on this legisla- tend their remarks and to include any Chairman, Committee on Foreign Affairs, Washington, DC. tion. extraneous material in the RECORD. I will seek to place our letters on H.R. 6297 DEAR CHAIRMAN ROYCE: I am writing with into the Congressional Record during floor The SPEAKER pro tempore. Is there respect to H.R. 6297, the ‘‘Iran Sanctions Ex- consideration of the resolution. I appreciate objection to the request of the gen- tension Act.’’ As a result of your having con- your cooperation regarding this legislation tleman from California? sulted with us on provisions in H.R. 6297 that and look forward to continuing to work to- There was no objection. fall within the Rule X jurisdiction of the gether as this measure moves through the Committee on Ways and Means, I agree to Mr. ROYCE. Mr. Speaker, I yield my- legislative process. waive consideration of this bill so that it self such time as I may consume. Sincerely, may proceed expeditiously to the House Mr. Speaker, I rise in support of H.R. EDWARD R. ROYCE, floor. 6297. This is to extend the Iran Sanc- Chairman. tions Act. The Committee on Ways and Means takes I want to thank Ranking Member this action with the mutual understanding HOUSE OF REPRESENTATIVES, COM- that by forgoing consideration of H.R. 6297 at MITTEE ON OVERSIGHT AND GOV- ENGEL for his assistance in bringing this time, we do not waive any jurisdiction this legislation to the floor. ERNMENT REFORM, over the subject matter contained in this or Washington, DC, November 15, 2016. Time is of the essence, as this crit- similar legislation, and the Committee will Hon. EDWARD R. ROYCE, ical law expires on December 31. Unless be appropriately consulted and involved as Chairman, Committee on Foreign Affairs, House Congress acts, as we are doing today, the bill or similar legislation moves forward of Representatives, Washington, DC. we will not have this on the books. The so that we may address any remaining issues DEAR MR. CHAIRMAN: Thank you for your other body should quickly take up this that fall within our jurisdiction. The Com- letter regarding H.R. 6297, the Iran Sanctions bill and send it to the President’s desk, mittee also reserves the right to seek ap- Extension Act. I agree that your letter in no pointment of an appropriate number of con- keeping a critical tool in place for the way diminishes or alters the jurisdiction of ferees to any House-Senate conference in- the Committee on Oversight and Govern- future. volving this or similar legislation, and re- ment Reform with response to the appoint- Mr. Speaker, 20 years ago, a bipar- quests your support for such request. ment of conferees or to any future jurisdic- tisan majority in Congress passed the Finally, I would appreciate your including tional claim over the subject matters con- Iran Sanctions Act. It was then known a copy of our exchange of letters on this tained in the bill or any similar legislation.

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.020 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6203 I am happy to forego a sequential referral HOUSE OF REPRESENTATIVES, foreign affairs legislation and particu- of the bill in the interest of expediting this COMMITTEE ON THE JUDICIARY, larly sanctions—we have said this be- legislation for floor consideration. I appre- Washington, DC, November 15, 2016. fore, but I want to say it again—always ciate you placing a copy of our letter ex- Hon. EDWARD R. ROYCE, work best when there is bipartisan sup- change on H.R. 6297 in the Congressional Chairman, Committee on Foreign Affairs, Record during floor consideration, to memo- Washington, DC. port. rialize our understanding. DEAR CHAIRMAN ROYCE: I write with re- Since the Iran nuclear deal was Thank you for your assistance with this spect to H.R. 6297, the ‘‘Iran Sanctions Ex- struck more than a year ago, I have matter. tension Act,’’ which was referred to the Com- consistently said two things: one, I Sincerely, mittee on Foreign Affairs and in addition to didn’t agree with the deal, but that, the Committee on the Judiciary among oth- JASON CHAFFETZ, once it was in effect, we should try to Chairman. ers. As a result of your having consulted with us on provisions within H.R. 6297 that make it work rather than try to undermine it; two, we should keep looking HOUSE OF REPRESENTATIVES, fall within the Rule X jurisdiction of the COMMITTEE ON FINANCIAL SERVICES, Committee on the Judiciary, I agree to dis- for ways to hold Iran’s feet to the fire Washington, DC, November 15, 2016. charge our committee from further consider- on all of the other bad behavior Hon. ED ROYCE, ation of this bill so that it may proceed expe- issues—support for terrorism, ballistic Chairman, Committee on Foreign Affairs, ditiously to the House floor for consider- missiles, human rights abuses, and all Washington, DC. ation. of those kinds of things. The Judiciary Committee takes this action DEAR CHAIRMAN ROYCE: I am writing con- with our mutual understanding that by fore- This legislation—I am happy to say— cerning H.R. 6297, the Iran Sanctions Exten- going consideration of H.R. 6297 at this time, sion Act. fits the bill. We can provide the admin- we do not waive any jurisdiction over subject istration tools to crack down on Iran As a result of your having consulted with matter contained in this or similar legisla- the Committee on Financial Services con- and still be fully compliant with our tion and that our committee will be appro- obligations under the nuclear deal. cerning provisions in the bill that fall within priately consulted and involved as this bill our Rule X jurisdiction, I agree to forgo ac- or similar legislation moves forward so that After all, the exact language in this tion on the bill so that it may proceed expe- we may address any remaining issues in our bill is already law on the books. The ditiously to the House Floor. The Committee jurisdiction. Our committee also reserves Iran Sanctions Extension Act is a simon Financial Services takes this action with the right to seek appointment of an appro- ple, clean extension of current law. The our mutual understanding that, by foregoing priate number of conferees to any House- legislation, which has been reauthor- consideration of H.R. 6297 at this time, we do Senate conference involving this or similar ized with large bipartisan support since not waive any jurisdiction over the subject legislation and asks that you support any matter contained in this or similar legisla- 1996, demands that Iran abandon its nu- such request. clear weapons program, cease its bal- tion, and that our Committee will be appro- I would appreciate a response to this letter priately consulted and involved as this or confirming this understanding with respect listic program, and stop its support for similar legislation moves forward so that we to H.R. 6297 and would ask that a copy of our terrorism. All of these remain threats may address any remaining issues that fall exchange of letters on this matter be in- to the United States and to our allies. within our Rule X jurisdiction. Our Com- cluded in the Congressional Record during mittee also reserves the right to seek ap- The current law is set to expire on floor consideration of H.R. 6297. December 31 of this year. We don’t pointment of an appropriate number of con- Sincerely, ferees to any House-Senate conference in- BOB GOODLATTE, want to let the Iran Sanctions Act volving this or similar legislation, and re- Chairman. lapse. We don’t want Iran’s leaders to quests your support for any such request. think we have lost focus on their other Finally, I would appreciate your response HOUSE OF REPRESENTATIVES, dangerous activities around the to this letter confirming this understanding COMMITTEE ON FOREIGN AFFAIRS, world—that we don’t mind when they with respect to H.R. 6297 and would ask that Washington, DC, November 14, 2016. launch ballistic missiles that are em- a copy of our exchange of letters on this Hon. BOB GOODLATTE, matter be placed in the Congressional blazoned with the words, in Hebrew, Chairman, Committee on the Judiciary, ‘‘Israel must be wiped out.’’ They must Record during floor consideration thereof. Washington, DC. Sincerely, DEAR CHAIRMAN GOODLATTE: Thank you for not think that we will look the other JEB HENSARLING, consulting with the Foreign Affairs Com- way when they smuggle weapons to the Chairman. mittee and agreeing to be discharged from Houthis in Yemen, who, last month, further consideration of H.R. 6297, the Iran fired two cruise missiles at a U.S. HOUSE OF REPRESENTATIVES, Sanctions Extension Act, so that the bill naval destroyer. COMMITTEE ON FOREIGN AFFAIRS, may proceed expeditiously to the House Washington, DC, November 14, 2016. floor. This is a critical moment in the re- Hon. JEB HENSARLING, I agree that your forgoing further action gion. There is no end in sight for Chairman, Committee on Financial Services, on this measure does not in any way dimin- Hezbollah’s support for the Assad re- Washington, DC. ish or alter the jurisdiction of your com- gime. Iran is sowing instability DEAR CHAIRMAN HENSARLING: Thank you mittee, or prejudice its jurisdictional prerog- throughout Yemen, Iraq, Lebanon, and for consulting with the Foreign Affairs Com- atives on this resolution or similar legisla- the Gulf; and, more and more, our mittee and agreeing to be discharged from tion in the future. I would support your ef- friends and allies are unsure about the further consideration of H.R. 6297, the Iran fort to seek appointment of an appropriate future of America’s resolve. We need to number of conferees from your committee to Sanctions Extension Act, so that the bill send a clear message that American may proceed expeditiously to the House any House-Senate conference on this legisla- floor. tion. leadership is a sure thing. We all went I agree that your forgoing further action I will seek to place our letters on H.R. 6297 to school when we were kids, and we on this measure does not in any way dimin- into the Congressional Record during floor learned about the separation of powers. ish or alter the jurisdiction of your com- consideration of the resolution. I appreciate The legislative branch—this Congress— mittee, or prejudice its jurisdictional prerog- your cooperation regarding this legislation has an important say and an important atives on this resolution or similar legisla- and look forward to continuing to work to- role to play, and we will continue to do tion in the future. I would support your ef- gether as this measure moves through the that. fort to seek appointment of an appropriate legislative process. number of conferees from your committee to Sincerely, This legislation will provide for an any House-Senate conference on this legisla- EDWARD R. ROYCE, immediate snapback of sanctions tion. Chairman. should Iran cheat on the nuclear deal. I will seek to place our letters on H.R. 6297 Mr. ENGEL. Mr. Speaker, I yield my- These sanctions must be in place to into the Congressional Record during floor self such time as I may consume. demonstrate to Iran that there are con- consideration of the resolution. I appreciate I rise in support of this measure. sequences for noncompliance. In 10 your cooperation regarding this legislation Let me again thank our chairman, years, when this legislation expires, we and look forward to continuing to work to- ED ROYCE, for his leadership on the will have another discussion. I sin- gether as this measure moves through the legislative process. Foreign Affairs Committee. I also want cerely hope that, by then, Iran will Sincerely, to thank the leadership on both sides have acceded to every demand of the EDWARD R. ROYCE, of the aisle for working together to get international community’s to stop its Chairman. this bipartisan bill to the floor. Our ballistic missile program and will have

VerDate Sep 11 2014 04:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.011 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6204 CONGRESSIONAL RECORD — HOUSE November 15, 2016 put an end to its destabilizing activi- been in compliance with the JCPOA, The Iran Sanctions Act expires in a ties around the region. In the mean- which is the initials of the nuclear matter of weeks. The time for action is time, hopes won’t safeguard our inter- deal, before the deal went to Imple- now. I urge my colleagues to move ests. That is why I support this legisla- mentation Day. swiftly to pass this bill and for the tion. That is why we wrote this legisla- That is why, Mr. Speaker, it is abso- Senate to do the same. tion. I urge my colleagues to do the lutely vital that we pass Mr. ROYCE and Even as we enforce the nuclear deal, same in supporting it. Mr. ENGEL’s bill—that we extend these Mr. Speaker, the United States must Mr. Speaker, I reserve the balance of sanctions and that we keep the founda- continue to lead the international com- my time. tion of our sanctions against Iran in munity in confronting Iran’s continued Mr. ROYCE. Mr. Speaker, I yield 3 place. We need to keep the regime ac- sponsorship of terrorism and its dan- minutes to the gentlewoman from countable for its violations of its nu- gerous ballistic missile activity. We Florida (Ms. ROS-LEHTINEN), who clear deal and for its continued illicit must ensure that Iran pays an eco- chairs the Foreign Affairs Sub- activity. nomic price for endangering the world committee on the Middle East and There is absolutely no justification through its terror proxies, and we must North Africa. at all for allowing these sanctions to galvanize the international community Before yielding to the gentlewoman, lapse. In fact, everything we have wit- to bring home American and other for- I do want to express this body’s special nessed from the regime this year is a eign citizens whom Iran continues to appreciation for the work of my prede- clear indication that we need to be detain, including my constituent, Bob cessor’s, Ms. ROS-LEHTINEN—our chair- looking at ensuring that all sanctions Levinson. Iran has not lived up to its man emeritus—because Ms. ROS- against Iran are fully and vigorously obligations to return Bob to his family. LEHTINEN’s foresight and legislative enforced and even expanded. As we approach Thanksgiving, I work in prior Congresses, as the author I urge my colleagues to support this plead with my colleagues in the House of those measures, is what put into important measure. and I plead with my fellow citizens place the statutory sanctions regime Mr. ENGEL. Mr. Speaker, I yield 3 from around the country to stand with upon which we continue to rely; so I minutes to the gentleman from Florida the Levinson family so that this is the thank her for that underlying legisla- (Mr. DEUTCH), the ranking member of last Thanksgiving they celebrate with- tion. the Middle East and North Africa Sub- out their husband, their father, and Ms. ROS-LEHTINEN. As always, I committee of our Foreign Affairs Com- their grandfather sitting beside them thank our esteemed chairman for those mittee. at the Thanksgiving table. We need to wonderful and kind words, and I thank Mr. DEUTCH. Mr. Speaker, I thank bring Bob Levinson home. our terrific friend, the gentleman from Ranking Member ENGEL. Mr. ROYCE. Mr. Speaker, I yield 2 New York (Mr. ENGEL), the ranking I thank Ranking Member ENGEL and minutes to the gentleman from New ANCE member. I thank Chairman ROYCE and Chairman ROYCE for moving forward Jersey (Mr. L ), a member of the Committee on Energy and Commerce. Ranking Member ENGEL for continuing with this critical piece of legislation to Mr. LANCE. Mr. Speaker, I rise in to be great examples of the bipartisan reauthorize the Iran Sanctions Act, strong support of the bipartisan Iran cooperation of which we need so much which I am proud to introduce with the Sanctions Extension Act. Now is not in this Congress, and I thank the gen- gentlemen. the time to ease up on the world’s lead- tlemen for their leadership in bringing By extending the Iran Sanctions Act ing sponsor of terrorism. The Iran this important bill to the floor this for another 10 years, we will cement Sanctions Extension Act is an impor- afternoon. the law that has, for 20 years, been the tant piece of legislation that needs to Mr. Speaker, this has been a priority backbone of our Iran policy. Congress be extended so that we can continue for the United States Congress but es- worked for many years in a bipartisan our fine work in this area. pecially to members of our Foreign Af- manner to craft economic sanctions I thank Chairman ROYCE for offering that have brought maximum pressure fairs Committee, and it has been an this legislation that will extend Ira- on the Iran regime. In fact, it has al- issue on which I have worked exten- nian sanctions for an additional 10 ways been Congress that has been at sively—and I thank the chairman for years. As has been stated, these sanc- his words—alongside so many of my the forefront of sanctions policy. The tions will expire at the end of this year colleagues for over two decades. nuclear deal is in place, and these sanc- if Congress fails to act. It is imperative In 2006, as the chairman pointed out, tions provide the teeth when violations that we extend the current sanctions I authored a bill that expanded sanc- occur. regime. This has been in place for quite tions on Iran and that extended the Preserving our sanctions law should some time, and this in no way affects Iran Sanctions Act through 2011. In not be viewed by anyone as under- the underlying agreement even though 2010, I worked with then-Foreign Af- mining the nuclear deal. It is, in fact, I am vigorously opposed to the under- fairs Chairman Howard Berman on yet exactly the opposite. When the Iran nu- lying agreement. another comprehensive Iran sanctions clear agreement was negotiated, the Let’s send a message today that, de- bill, which also extended the Iran Sanc- entire success of the deal was predi- spite what this administration may tions Act through the end of this year. cated on the notion that, should Iran think regarding the continuation of Today, I am so pleased and honored to violate the deal, sanctions would im- the agreement, the Congress is united support Chairman ROYCE’s effort, guid- mediately be snapped back into place. in tough sanctions. We will hold ed by Mr. ENGEL’s as well, to extend The very real threat of vigorous en- Tehran accountable for its human the Iran Sanctions Act for another 10 forcement of U.S. sanctions is what rights violations, its support of inter- years, which will keep the foundation holds Iran to its international obliga- national terrorism, and its testing of of sanctions against Iran in place for tions. illegal ballistic missiles. when Iran violates the nuclear deal. Now, I was not a supporter of the nu- Sanctions work. Time and time I believe that those violations have clear deal, but that does not change again, U.S. sanctions have been a pow- already taken place. Earlier this year, the fact that the United States is a erful force on the world stage and have we already saw the administration buy party to a multilateral agreement that given the U.S. leverage against some of heavy water from Iran. we have an obligation to enforce vigor- the world’s worst State actors. Let’s Why? ously. Strong sanctions from the Euro- not reward provocations that may have Because Iran was producing more pean Union and the United Nations occurred already or provocations that heavy water than it was allowed to have come because of American leader- may occur in the future. I urge all of under the terms of the agreement. Just ship. We must continue to exercise my colleagues to vote ‘‘yes’’ and keep a few days ago, it was announced that that leadership. By living up to our ob- these sanctions in place. Iran was, once again, over the allow- ligations under the deal and by con- I commend the chairman, the rank- able total of heavy water. We have also tinuing to vigorously enforce the deal, ing member, and the full committee; found out that there have been secret including the willingness to snap back and if this legislation passes, I am exemptions for Iran and that, without sanctions, we will be able to advance hopeful that the President will sign it these exemptions, Iran would not have our interests. into law.

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.025 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6205 Mr. ENGEL. Mr. Speaker, I yield 3 Jersey (Mr. SMITH). He is chairman of When Congress considered the Joint minutes to the gentleman from Mary- the Foreign Affairs Subcommittee on Comprehensive Plan of Action last land (Mr. HOYER), the Democratic Africa, Global Health, Global Human year, which I supported, we acknowl- whip. Rights, and International Organiza- edged that this deal was not a panacea. Mr. HOYER. Mr. Speaker, I thank tions. It was not designed to resolve the myr- my friend, Mr. ENGEL, and I thank the Mr. SMITH of New Jersey. Mr. iad issues that undergird the U.S. and chairman, Mr. ROYCE, for bringing this Speaker, I thank the distinguished our allies in their relationship with the bipartisan bill to the floor. I thank chair for his sponsorship of the Iran repressive regime in Tehran and its them for their efforts on behalf of our Sanctions Extension Act, H.R. 6297. reprehensible support for terrorist country, on behalf of the security of This is a must-pass measure that would insurgencies throughout the region. our country, and on behalf of ensuring extend for 10 years the Iran Sanctions No one agreement is comprehensive. that tough sanctions stay in place. Act, a critical set of sanctions tar- It wasn’t in the Soviet era, and it isn’t b 1630 geting Iran’s energy sector that would in this era either. otherwise expire on December 31st. The Iran deal is designed to elimi- Tough sanctions are what brought As we all know, the administration nate Iran’s path to developing a nu- Iran to the negotiating table, Mr. lifted the vast majority of the act’s clear weapon and roll it back in ex- Speaker, in the first place; and the sanctions following the purported im- change for the lifting of all U.S. nu- prospect of a snapback of sanctions is plementation of the egregiously flawed clear-related sanctions. what I hope will keep Iran compliant. Iran nuclear deal in January, but these Abandoning this deal or reinstating Make no mistake: Iran continues to restrictions on investment in Iran’s nu- the U.S. nuclear-related sanctions be a bad actor, sponsoring terrorism, clear sector would form the backbone against Iran would be a dangerous contributing to instability in Syria and of the so-called snapback sanctions course of action, introducing unneces- Iraq, threatening Israel, and sup- that the U.S. could impose in response sary risks into an already fraught rela- pressing democracy within its own bor- to Iranian violations of the agreement. tionship and into an already delicately ders. Mr. Speaker, let’s not kid ourselves, balanced multilateral agreement, espe- We must continue to ensure that Iran the Iran nuclear agreement is a mess. cially because the deal is, in fact, abides by the Joint Comprehensive There is no anytime/anywhere inspec- working. Iran has met the metrics set Plan of Action. We had differences on tions protocol. Today Iran is massively forth, rather rigorous metrics, in the its merits, but we had no differences expanding both the number and the ca- reversal of its nuclear development that Iran must comply. pability of its ballistic missile arsenal. program. No malfeasance ought to be toler- Iran remains the leading state sponsor However, the scope of the Iran Sanc- ated. Iran’s theocratic leaders continue of terrorism. Now flush with billions of tions Act extends far beyond nuclear- to threaten Israel and Americans in new funding, they are on a weapons related sanctions, as do our points of the region. They continue as well to procurement frenzy and are acquiring contention with the Iranian regime. pursue ballistic missile technology weapons of many kinds, including SAM Iran continues to engage in a variety of that destabilizes the region, and its re- missiles. unacceptable and destabilizing activi- gime has held Americans captive for There is cheating on a number of ties, including domestic human rights years as bargaining chips in negotia- fronts. Under the Iranian deal, it is a abuses, supporting terrorist groups in tions over its compliance with basic matter of when, not if, but when will the region, and advancing an illicit international law and norms. Iran become a nuclear state. ballistic missile program that is of This legislation will ensure that This is a minimal policy that will at concern, as Mr. HOYER just mentioned. President Obama and his successor will least snap back and say: when you vio- We absolutely can and must continue have the full force of sanctions avail- late the terms and conditions of the implementation of the Iran deal while able should Iran violate the nuclear agreement—which I find flawed and simultaneously extending this act as agreement in any way. It is critical many others do as well—that, at least, leverage to combat Iran’s other uncon- that our approach to Iran remain bi- there is a snapback, and those sanc- scionable behavior. partisan. Mr. ROYCE and I have had tions will be kicked into place. If they I want to thank the majority for that discussion; Mr. ENGEL and I have don’t exist, it is not going to happen. bringing to the floor a clean reauthor- had that discussion. I say again that it So for 20 years, we all know sanc- ization of the Iran Sanctions Act, is critical that our policy remain bipar- tions have played a critical role in which in doing so safeguards a long- tisan. Doing so sends a strong signal to mitigating Iran’s destabilizing weapons standing bipartisan consensus to our allies—and even more importantly program and state sponsorship of ter- counter Iran, something I think we to our adversaries—that we are united rorism. By imposing sanctions on enti- need, especially after this election, in our efforts to stop Iran from ever ob- ties anywhere in the world that in- more than ever before. taining a nuclear weapon. vested in Iran’s nuclear sector, the Iran Again, I commend the chairman and Now that this legislation is com- Sanctions Act for years targeted a key the ranking member for their leader- pleted, we need to turn to the critical source of revenue that the Iranian Gov- ship. task of ballistic missile sanctions. And ernment used to finance its activities. Mr. ROYCE. Mr. Speaker, I reserve I look forward to working with my col- So again, I think this is an important the balance of my time. leagues on both sides of the aisle to re- bill, and I hope that the Senate will Mr. ENGEL. Mr. Speaker, I yield 3 spond appropriately to Iran pursuing take it up quickly after House passage. minutes to the gentleman from Rhode ballistic missile capabilities in viola- Again, I thank Chairman ROYCE and Island (Mr. CICILLINE), another very tion of U.N. Security Council resolu- ELIOT ENGEL for their leadership. This valued member of the Foreign Affairs tions. is a bipartisan piece of legislation. It is Committee. Again, I reiterate the fact that we the barest minimum that we can do in Mr. CICILLINE. Mr. Speaker, I rise work together, Republicans and Demo- the face of such a flawed agreement. in support of H.R. 6297, the bipartisan crats, where we have many differences; Mr. ENGEL. Mr. Speaker, I now yield Iran Sanctions Extension Act. but on this, we should not have dif- 3 minutes to the gentleman from Vir- H.R. 6297 will extend the Iran Sanc- ferences because the security of our ginia (Mr. CONNOLLY), a very valued tions Act of 1996, as amended, for an Nation, the security of the nations of member of our Foreign Affairs Com- additional 10 years through December the Middle East, and indeed the global mittee. 31, 2026. If we fail to act, these sanc- security depends upon it. Mr. CONNOLLY. Mr. Speaker, I tions will expire at the end of this I thank both Mr. ROYCE and Mr. thank the gentleman from New York year. ENGEL, and I thank my colleagues for (Mr. ENGEL) and the gentleman from The Iran Sanctions Act was the first working so hard toward this legisla- California (Mr. ROYCE) for their fine major extraterritorial sanctions on tion. work. Iran which authorized U.S. penalties Mr. ROYCE. Mr. Speaker, I yield 3 I rise today in support of H.R. 6297, against third country firms. It has minutes to the gentleman from New the Iran Sanctions Extension Act. been an essential part of U.S. sanctions

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.026 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6206 CONGRESSIONAL RECORD — HOUSE November 15, 2016 aimed at denying Iran the financial Again, I thank my colleagues on both H.R. 6297 allows Congress the option to im- means to support terrorist organiza- sides of the aisle for moving this legis- pose sanctions, but does renew the imposition tions and other armed factions or to lation so quickly. I urge a ‘‘yes’’ vote of sanctions. further its nuclear and weapons of and quick action in the Senate. I hope As Congress continues to review the Joint mass destruction programs. President Obama will sign this bill and Comprehensive Plan of Action (JCPOA), We must confront Iran’s dangerous extend this important law. which resulted in the significant reduction in behavior around the world and actions I yield back the balance of my time. Iran’s capabilities to develop a nuclear weap- against its own people by extending the Mr. ROYCE. Mr. Speaker, I yield my- on, we must continue the peaceful and Iran Sanctions Act. Iran’s ballistic self such time as I may consume. verifiable efforts to cut off Iran’s pathways to missile program and support for ter- Once again, Mr. Speaker, I want to a nuclear weapon. rorism threatens our regional allies, recognize Mr. ENGEL for his help in President Obama and current and former including Israel. bringing this bill to the floor during Secretary of State John Kerry and Hillary Clin- Also, Iran’s blatant disregard for the 114th Congress. The ranking mem- ton were successful in the pursuit of global human rights and the human rights of ber and I have been to this floor debat- sanctions and gained the cooperation of the its own people and other nationals, in- ing Iran many, many times. For most world, including Russian and China, which cluding Americans, is horrific and vio- all of it, we agreed. For some of it, we was critical in bringing the Iranians to the ne- lates well-established international didn’t. But we never doubted each oth- gotiation table on their nuclear arms program. standards of human rights. er’s sincere views or motives and al- We should retain in our arsenal the option I want to emphasize that the Iran ways conducted the debate in the tradi- to impose sanctions so that if necessary the Sanctions Act does not violate the tion that is befitting of the Committee United States can act quickly to coordinate a Joint Comprehensive Plan of Action, on Foreign Affairs and this House. global response to any threat posed by Iran’s Mr. Speaker, since it was first passed which remains an important instru- verified breach of the JCPOA. 20 years ago, the Iran Sanctions Act Declaring sanctions for the sake of declaring ment to prevent Iran from acquiring a has been at the center of the U.S. re- nuclear weapons capability. Rather, sanctions against Iran should never be the ob- sponse to the threat posed by the Ira- jective, nor should we forget that the effective- this bill maintains the strong sanc- nian regime. Despite the Obama ad- tions architecture to inhibit Iran from ness of sanctions are their global nature. ministration’s dangerous nuclear deal, Under President Obama’s brilliant leader- engaging in dangerous activities that this law remains critical to U.S. efforts ship the United States had the stature around are an anathema to international to counter the full range of Iran’s mali- the globe to impose sanctions, and the diplo- norms. cious activity. matic ties to gain global cooperation to expand We all recognize the significant chal- This law will expire at the end of the participation in Iranian sanctions because we lenges that remain in our approach to year if Congress does not pass an ex- could make the case that Iran’s nuclear pro- the Iranian regime. We must continue tension, denying future administra- gram posed an international threat to peace to condemn and work to end Iran’s sup- tions a critical tool. Its expiration and stability. port for terrorists throughout the re- would compound the damage done by The United States is the world’s foremost gion, including Hamas and Hezbollah. the President’s dangerous nuclear deal authority on radiological weapons grade mate- This bill enables us to take these and send a message that the United rial detection and source identification. steps to accomplish our national secu- States will no longer oppose the de- The Department of Homeland Security is rity objectives. It is imperative that we structive role of Iran in the Middle leading the effort through its Domestic Nuclear impose sanctions for Iran’s violations East; and that is why we are acting Detection Office (DNDO) to create a Global regarding support for terrorism, its today to provide clear statutory au- Nuclear Detection Architecture, which should ballistic missiles program, and human thority to reimpose or snap back many be aggressively supported with sufficient fund- rights. of the most powerful sanctions on ing by Congress. I urge my colleagues to pass the Iran Iran’s energy industry if the regime Recognizing the threat posed by nuclear Sanctions Extension Act to maintain rushes toward a nuclear weapon. and other radioactive materials, DNDO was the current sanctions architecture and I look forward to putting this bill on created by National Security Presidential Di- to send a strong bipartisan message the President’s desk for his signature rective (NSPD)–43 and Homeland Security that we will continue to hold Iran ac- before the end of the 114th Congress Presidential Directive (HSPD)–14 and subse- countable for any terrorist activity. and then returning next year to work quently codified by Title V of the Security and with Mr. ENGEL, to work with a new Mr. ROYCE. Mr. Speaker, I will re- Accountability For Every (SAFE) Port Act administration, to work with all the serve the right to close, and I reserve (Pub. L. No. 109–347), which amended the members of the Committee on Foreign the balance of my time. Homeland Security Act of 2002. Mr. ENGEL. Mr. Speaker, I yield my- Affairs as the United States and our al- A key area that the United States has fo- lies confront the growing aggression of self the balance of my time to close. cused its capabilities and resources is block- the Iranian regime. In closing, let me say, with the up- ing the enrichment of radioactive materials for coming transition, we are wading into I yield back the balance of my time. Ms. JACKSON LEE. Mr. Speaker, I rise in weapons use; and the detection of radioactive some uncertain waters when it comes materials that would pose a threat to public to foreign policy. Congress must do its support of extending the option of sanctions against Iran by passage of H.R. 6297, the Iran safety and health. part to ensure stability and consist- There are several material facts that must ency on core, foreign policy issues. Sanctions Extensions Extension Act, which reauthorizes the Iran Sanctions Act of 1996 for be understood about weapons grade radio- There is no better example of that sta- active material—each nation’s process for re- bility than this legislation, which has 10 years. As a Senior Member of the Homeland Secu- fining nuclear material for use in a weapon is been on the books for two decades. rity Committee, and Ranking Member of the unique. I thank Chairman ROYCE for bringing Judiciary Committee’s Subcommittee on Radioactive material has a unique spectrum it up. I am proud to be the leading co- Crime, Terrorism, Homeland Security, and In- range and composition that is akin to signa- sponsor with him on the bill. I think vestigations, I am very much aware of what is tures that cannot be confused with other this again shows the bipartisan nature at stake in the work done by President Obama sources of radioactive material both natural of our committee and on foreign policy to ensure that Iran does not have the breakout and manmade. and how foreign policy ought to be capacity to build a nuclear weapon. The first essential fact is that having sam- done. Events over this Congress make it clear that ples and data from Iranian facilities where ma- This bill will help ease the way for- Congress should be even more vigilant in pro- terials in Iran were produced established the ward with our own transition. It will viding for the protection of the United States. radiological signatures for materials that could remind Iran’s leaders that we still have Congress should be mindful of the: have only come from those facilities or from a lot of contentious issues to deal with; United States’ leadership in the effort to processes that follow the methods used by the and it will signal to the world that forge an enforceable and verifiable nuclear Iranian nuclear physicists who developed their even after a hard-fought election here agreement with Iran; and program. at home and power changing hands, Deadliness of chemical weapons when they The United States has those samples and American leadership on the global were used during the Syrian conflict against the data needed to identify material from Ira- stage won’t falter. unarmed men, women, and children. nian efforts to purify radiological materials.

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K15NO7.028 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6207 The second essential fact is that radiological deal, we must keep in place our sanctions in- The SPEAKER pro tempore. The material leaves evidence of its presence long frastructure. Otherwise it would be much hard- question is on the motion offered by after it may have been removed from an area. er to quickly re-impose harsh economic pen- the gentleman from California (Mr. The physical evidence of centrifuges; stor- alties on Iran if they cheat or renege on their ROYCE) that the House suspend the age facilities or weapons themselves are not commitments. rules and pass the bill, H.R. 6297. the only evidence that may convict Iran of vio- Enforcing the Iran deal, stopping Iran’s de- The question was taken. lation of the agreement; it can also be the stabilizing activities in the region, including The SPEAKER pro tempore. In the unique Iranian radiation trail left behind during ballistic missile testing and funding of terrorist opinion of the Chair, two-thirds being any attempt to refine or purify radiological ma- groups, and securing the unconditional release in the affirmative, the ayes have it. terial for use in a weapon or the transfer of of Americans imprisoned by the Iranian re- Mr. ROYCE. Mr. Speaker, on that I even small quantities of material that is gen- gime, must remain our top priorities going for- demand the yeas and nays. erated or sourced by the Iranians. ward. That is why I am grateful to Congress- The yeas and nays were ordered. The third essential fact is that if the Iranians man ROYCE and Congressman ENGEL for The SPEAKER pro tempore. Pursu- need special centrifuges to refine radiological working together on a bipartisan basis on to- ant to clause 8 of rule XX, the 15- material to a point that it may be used for a day’s measure and for their leadership on minute vote on suspending the rules weapon. these issues. and passing H.R. 6297 will be followed H.R. 6297, assures that any attempt by the For all of us, this is now a critical and chal- by a 5-minute vote on suspending the Iranians to cheat by refining more radiological lenging moment. We must come together as rules and adopting H. Res. 780. material than is allowed will be detected and lawmakers, put aside partisan differences, and The vote was taken by electronic de- Congress would be prepared to impose a abide by our long-standing bipartisan ap- vice, and there were—yeas 419, nays 1, sanctions regime. proach to foreign policy. Our national security not voting 14, as follows: and security of our allies in the region depend Another significant signal of Iranian violation [Roll No. 577] on it. would be the unique signature of the sound YEAS—419 made by centrifuges that are used to purify ra- Thank you and I urge immediate passage of Abraham Cole Garamendi diological material make noise. the Iran Sanctions Extension Act. Ms. MOORE. Mr. Speaker, I rise to express Adams Collins (GA) Garrett The sound of these massive centrifuges will Aderholt Collins (NY) Gibbs be detectable many miles away from where my continued support for the critical nuclear Aguilar Comer Gibson agreement (the Joint Comprehensive Plan of Allen Conaway Gohmert they are operated—and the United States has Action or JCPOA) forged to keep Iran from ob- Amash Connolly Goodlatte the resources in place in cooperation with al- taining a nuclear weapon. I believe that agree- Amodei Conyers Gosar lies around the world to detect if enrichment Ashford Cook Gowdy ment remains the best option to prevent Iran activity is occurring. Babin Cooper Graham from acquiring a nuclear weapon. Barletta Costa Graves (GA) Operating more centrifuges than is allowed Keeping Iran from obtaining a nuclear weap- Barr Costello (PA) Graves (LA) by the agreement would be a actionable sign on is a bipartisan priority, which is why the Barton Courtney Graves (MO) Bass Cramer Grayson that Iran is seeking to purify more radioactive U.S. must uphold the commitments we made material than is allowed by the agreement. Beatty Crawford Green, Al under that deal. According to the evidence be- Becerra Crenshaw Green, Gene This is important to the timeline in calcu- fore me, Iran has largely fulfilled its obligations Benishek Crowley Griffith lating the time to breakout—having enough Bera Cuellar Grijalva including limiting its stockpile of uranium, dras- Beyer Culberson Grothman enriched material to use in a weapon. tically reducing its operating centrifuges, and The final essential fact is that the United Bilirakis Cummings Guinta removed the core of its Arak reactor. Bishop (GA) Curbelo (FL) Guthrie States has satellite surveillance and ground While not perfect, this is one of the most Bishop (MI) Davidson Hahn surveillance capability to detect in great detail stringent non-proliferation agreements ever Bishop (UT) Davis (CA) Hanabusa activity on the ground. Black Davis, Danny Hanna negotiated and includes tough verification re- Blackburn Davis, Rodney Hardy The United States used these resources to quirements. The JCPOA has led to real on the Blum DeFazio Harper identify nuclear arms activity that informed the ground progress in restricting Iran’s nuclear Blumenauer DeGette Harris administration of the severity of the issue and Bonamici Delaney Hartzler program, something that our nation never Bost DeLauro Hastings used that evidence to galvanize international achieved even under the most biting sanc- Boustany DelBene Heck (NV) support for one of the most successful embar- tions. Boyle, Brendan Denham Heck (WA) goes in human history. Despite any limitations, the agreement is F. Dent Hensarling For these reasons, I will join my colleagues Brady (PA) DeSaulnier Herrera Beutler working as intended in the face of many skep- Brady (TX) DesJarlais Hice, Jody B. in supporting passage of this bipartisan effort tics and naysayers. And we all have a shared Brat Deutch Higgins to extend by 10 years the period that sanc- interest in helping to continue to foster the fer- Bridenstine Diaz-Balart Hill tions may be applied to Iran. tile ground necessary to support its continued Brooks (AL) Dingell Himes I urge you to join me in support of this bill Brooks (IN) Doggett Holding implementation and compliance by both par- Brown (FL) Dold Honda and the excellent work of the Obama Adminis- ties. Brownley (CA) Donovan Hoyer tration in making the world much safer from So I will support a ‘‘clean’’ reauthorization of Buchanan Doyle, Michael Hudson nuclear threats. the Iran Sanctions Act authorities even though Buck F. Huelskamp Bucshon Duckworth Huffman Mrs. LOWEY. Mr. Speaker, I rise in full sup- the President has made clear he has authority Burgess Duffy Huizenga (MI) port of H.R. 6297—the Iran Sanctions Exten- under other federal laws (that do not expire) to Bustos Duncan (SC) Hultgren sion Act. This critically-needed legislation will snap back some sanctions even in the ab- Butterfield Duncan (TN) Hunter extend for 10 years U.S. sanctions against Byrne Edwards Hurd (TX) sence of this law. Critically, this bill does not Calvert Ellison Hurt (VA) Iran’s energy sector, which will expire at the put new obstacles in the way of the U.S. up- Capps Ellmers (NC) Israel end of this year if Congress doesn’t act. holding its commitments but intends to essen- Capuano Emmer (MN) Issa These crippling sanctions, in addition to tially reassert the existing status quo. This is Ca´ rdenas Engel Jackson Lee Carney Eshoo Jeffries other measures passed by Congress during unlike other legislation we will consider this Carson (IN) Esty Jenkins (KS) the last two decades, were the driving force week that more directly impact our commit- Carter (GA) Evans Jenkins (WV) that brought Iran to the negotiating table and ments under the JCPOA. Carter (TX) Farenthold Johnson (GA) ultimately curtailed their nuclear program The stakes at play here are very high for Cartwright Farr Johnson (OH) Castor (FL) Fincher Johnson, E. B. under the Joint Comprehensive Plan of Action our nation and our regional allies including Castro (TX) Fleischmann Johnson, Sam reached last year between our P5+1 partners Israel. So rather than wasting time trying to Chabot Fleming Jolly and Iran. undermine it, we all must continue to work to Chaffetz Flores Jones While there has been much debate over the Chu, Judy Forbes Jordan ensure the long term success of this deal and Cicilline Fortenberry Joyce JCPOA, there should be no question in any the goal we all share of keeping Iran from ob- Clark (MA) Foster Kaptur one’s mind that it must now be rigorously en- taining nuclear weapons. Clarke (NY) Foxx Katko forced so that Iran is held accountable for its We used sanctions to bring Iran to the table, Clawson (FL) Frankel (FL) Keating Clay Franks (AZ) Kelly (IL) actions. The measure before us today is fun- worked with our international partners to se- Cleaver Frelinghuysen Kelly (MS) damental to this effort. cure a strong deal, and now more than ever Clyburn Fudge Kelly (PA) In order to ‘snap-back’ the sanctions tempo- need to make sure we uphold our end of the Coffman Gabbard Kennedy rarily waived by the Administration under the bargain. Cohen Gallego Kildee

VerDate Sep 11 2014 04:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.021 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6208 CONGRESSIONAL RECORD — HOUSE November 15, 2016 Kilmer Napolitano Serrano Mrs. COMSTOCK. Mr. Speaker, my card Hanna Marchant Russell Kind Neal Sessions Hardy Marino Ryan (OH) King (IA) Newhouse Sewell (AL) did not register. Had I been present, I would Harper Matsui Salmon King (NY) Noem Sherman have voted ‘‘yea’’ on rollcall No. 577. Harris McCarthy Sa´ nchez, Linda Kinzinger (IL) Nolan Shimkus Mr. PEARCE. Mr. Speaker, I was not Hartzler McCaul T. Kirkpatrick Norcross Shuster present to vote on H.R. 6297, the Iran Sanc- Hastings McClintock Sanford Kline Nunes Simpson Heck (NV) McCollum Sarbanes Knight O’Rourke Sinema tions Extension Act. Had I been present, I Heck (WA) McGovern Scalise Kuster Olson Sires would have voted ‘‘yea’’ on rollcall No. 577. Hensarling McHenry Schakowsky Labrador Palazzo Slaughter Herrera Beutler McKinley Schiff LaHood Pallone Smith (MO) f Hice, Jody B. McMorris Schweikert LaMalfa Palmer Smith (NE) Higgins Rodgers Scott (VA) Lamborn Pascrell Smith (NJ) URGING RESPECT FOR THE CON- Hill McNerney Scott, Austin Lance Paulsen Himes McSally Smith (TX) STITUTION OF THE DEMOCRATIC Scott, David Langevin Payne Smith (WA) Holding Meadows Sensenbrenner Larsen (WA) Pelosi Speier REPUBLIC OF THE CONGO Honda Meehan Serrano Larson (CT) Perlmutter Hoyer Meeks Stefanik Sessions Latta Perry The SPEAKER pro tempore. The un- Hudson Meng Stewart Sewell (AL) Lawrence Peters finished business is the vote on the mo- Huelskamp Messer Stivers Sherman Lee Peterson Huffman Mica Stutzman tion to suspend the rules and agree to Shimkus Levin Pingree Huizenga (MI) Miller (FL) Swalwell (CA) Shuster Lieu, Ted Pittenger the resolution (H. Res. 780) urging re- Hultgren Miller (MI) Lipinski Pitts Takano spect for the constitution of the Demo- Hunter Moolenaar Simpson LoBiondo Pocan Thompson (CA) cratic Republic of the Congo in the Hurd (TX) Mooney (WV) Sinema Thompson (MS) Sires Loebsack Poliquin democratic transition of power in 2016, Hurt (VA) Moore Lofgren Polis Thompson (PA) Israel Moulton Slaughter Long Pompeo Thornberry as amended, on which the yeas and Issa Mullin Smith (MO) Loudermilk Posey Tiberi nays were ordered. Jackson Lee Mulvaney Smith (NE) Love Price (NC) Tipton The Clerk read the title of the resolu- Jeffries Murphy (FL) Smith (NJ) Lowenthal Price, Tom Titus Jenkins (KS) Murphy (PA) Smith (TX) Lowey Quigley Tonko tion. Jenkins (WV) Nadler Smith (WA) Lucas Rangel Torres The SPEAKER pro tempore. The Johnson (GA) Napolitano Speier Luetkemeyer Ratcliffe Trott question is on the motion offered by Johnson (OH) Neal Stefanik Lujan Grisham Reed Tsongas the gentleman from California (Mr. Johnson, E. B. Newhouse Stewart (NM) Reichert Turner Johnson, Sam Noem Stivers Luja´ n, Ben Ray Renacci Upton ROYCE) that the House suspend the Jolly Nolan Stutzman (NM) Ribble Valadao rules and agree to the resolution, as Jordan Norcross Swalwell (CA) Lummis Rice (NY) Van Hollen amended. Joyce Nunes Takano Lynch Rice (SC) Vargas This is a 5-minute vote. Kaptur O’Rourke Thompson (CA) MacArthur Richmond Veasey Katko Olson Thompson (MS) Maloney, Rigell Vela The vote was taken by electronic de- Keating Palazzo Thompson (PA) Carolyn Roby Vela´ zquez vice, and there were—yeas 416, nays 3, Kelly (IL) Pallone Thornberry Maloney, Sean Roe (TN) Visclosky not voting 15, as follows: Kelly (MS) Palmer Tiberi Marchant Rogers (AL) Wagner Kelly (PA) Pascrell Tipton Marino Rogers (KY) Walberg [Roll No. 578] Kennedy Paulsen Titus Matsui Rohrabacher Walden YEAS—416 Kildee Payne Tonko McCarthy Rokita Kilmer Pearce Torres Walker Abraham Castor (FL) Donovan McCaul Rooney (FL) Walorski Kind Pelosi Trott McClintock Ros-Lehtinen Adams Castro (TX) Doyle, Michael King (IA) Perlmutter Walters, Mimi Aguilar Chabot F. Tsongas McCollum Roskam Walz King (NY) Perry Turner McGovern Ross Allen Chaffetz Duckworth Kinzinger (IL) Peters Wasserman Amodei Chu, Judy Duffy Upton McHenry Rothfus Schultz Kirkpatrick Peterson Valadao McKinley Rouzer Ashford Cicilline Duncan (SC) Kline Pingree Waters, Maxine Van Hollen McMorris Roybal-Allard Babin Clark (MA) Duncan (TN) Knight Pittenger Watson Coleman Vargas Rodgers Royce Barletta Clarke (NY) Edwards Kuster Pitts Weber (TX) Veasey McNerney Ruiz Barr Clawson (FL) Ellison Labrador Pocan Webster (FL) Vela McSally Ruppersberger Barton Clay Ellmers (NC) LaHood Poliquin Welch Vela´ zquez Meadows Rush Bass Cleaver Emmer (MN) LaMalfa Polis Wenstrup Meehan Russell Beatty Clyburn Engel Lamborn Pompeo Visclosky Meeks Ryan (OH) Westerman Becerra Coffman Eshoo Lance Posey Wagner Meng Salmon Williams Benishek Cohen Esty Langevin Price (NC) Walberg Messer Sa´ nchez, Linda Wilson (FL) Bera Cole Evans Larsen (WA) Price, Tom Walden Mica T. Wilson (SC) Beyer Collins (GA) Farenthold Larson (CT) Quigley Walker Miller (FL) Sanford Wittman Bilirakis Collins (NY) Farr Latta Rangel Walorski Miller (MI) Sarbanes Womack Bishop (GA) Comer Fincher Lawrence Ratcliffe Walters, Mimi Moolenaar Scalise Woodall Bishop (MI) Comstock Fleischmann Lee Reed Walz Mooney (WV) Schakowsky Yarmuth Bishop (UT) Conaway Fleming Levin Reichert Wasserman Moore Schiff Yoder Black Connolly Flores Lieu, Ted Renacci Schultz Moulton Schrader Yoho Blackburn Conyers Forbes Lipinski Rice (NY) Waters, Maxine Mullin Schweikert Young (AK) Blum Cook Fortenberry LoBiondo Rice (SC) Watson Coleman Mulvaney Scott (VA) Young (IA) Blumenauer Cooper Foster Loebsack Richmond Weber (TX) Murphy (FL) Scott, Austin Young (IN) Bonamici Costa Foxx Lofgren Rigell Webster (FL) Murphy (PA) Scott, David Zeldin Bost Costello (PA) Frankel (FL) Long Roby Welch Nadler Sensenbrenner Zinke Boustany Courtney Franks (AZ) Loudermilk Roe (TN) Wenstrup Boyle, Brendan Cramer Frelinghuysen Love Rogers (AL) Westerman NAYS—1 F. Crawford Fudge Lowenthal Rogers (KY) Williams Massie Brady (PA) Crenshaw Gabbard Lowey Rohrabacher Wilson (FL) Brady (TX) Crowley Gallego Lucas Rokita Wilson (SC) NOT VOTING—14 Brat Cuellar Garamendi Luetkemeyer Rooney (FL) Wittman Bridenstine Culberson Garrett Comstock Hinojosa Pearce Lujan Grisham Ros-Lehtinen Womack Brooks (AL) Cummings Gibbs DeSantis Lewis (NM) Roskam Woodall Poe (TX) Brooks (IN) Curbelo (FL) Gibson Fitzpatrick McDermott Luja´ n, Ben Ray Ross Yarmuth Sanchez, Loretta Brown (FL) Davidson Gohmert Granger Neugebauer (NM) Rothfus Yoder Westmoreland Brownley (CA) Davis (CA) Goodlatte Gutie´rrez Nugent Lummis Rouzer Yoho Buchanan Davis, Danny Gosar Lynch Roybal-Allard Young (AK) Buck Davis, Rodney Gowdy b 1707 MacArthur Royce Young (IA) Bucshon DeFazio Graham Maloney, Ruiz Young (IN) Mr. SENSENBRENNER changed his Burgess DeGette Graves (GA) Carolyn Ruppersberger Zeldin Bustos Delaney Graves (LA) Maloney, Sean Rush Zinke vote from ‘‘nay’’ to ‘‘yea.’’ Butterfield DeLauro Graves (MO) So (two-thirds being in the affirma- Byrne DelBene Grayson NAYS—3 tive) the rules were suspended and the Calvert Denham Green, Al Capps Dent Green, Gene Amash Jones Massie bill was passed. Capuano DeSaulnier Griffith The result of the vote was announced Ca´ rdenas DesJarlais Grijalva NOT VOTING—15 as above recorded. Carney Deutch Grothman Aderholt Hinojosa Poe (TX) A motion to reconsider was laid on Carson (IN) Diaz-Balart Guinta DeSantis Lewis Ribble Carter (GA) Dingell Guthrie Fitzpatrick McDermott Sanchez, Loretta the table. Carter (TX) Doggett Hahn Granger Neugebauer Schrader Stated for: Cartwright Dold Hanabusa Gutie´rrez Nugent Westmoreland

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.028 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6209 b 1715 received overwhelming bipartisan sup- also want to thank their head coach, So (two-thirds being in the affirma- port. We now urge the Senate to take Rayneta Dotson, for her dedication and tive) the rules were suspended and the up this measure before the end of the commitment to the Polytechnic High resolution, as amended, was agreed to. year to ensure that all students have School cheer team. The result of the vote was announced access to high-quality CTE. It is the The entire Fort Worth community is as above recorded. exact thing that our economy needs so proud of these exceptional students. A motion to reconsider was laid on right now. It will close our skills gap, I wish them a safe trip to the Big Apple the table. making sure that our workers, our and congratulations on their achieve- young people, have the skills they need ment. f for in-demand jobs today and well into f WISHING CAMILO FERNANDEZ the future. HAPPY 90TH BIRTHDAY f b 1730 (Ms. ROS-LEHTINEN asked and was HONORING POLICE OFFICER CODY THE UNDOING OF DEMOCRACY IN given permission to address the House BROTHERSON TURKEY for 1 minute and to revise and extend (Mr. STEWART asked and was given (Mr. ROHRABACHER asked and was her remarks.) permission to address the House for 1 given permission to address the House Ms. ROS-LEHTINEN. Mr. Speaker, I minute and to revise and extend his re- for 1 minute and to revise and extend rise to wish my good friend Camilo marks.) his remarks.) Fernandez a warm and happy 90th Mr. STEWART. Mr. Speaker, it is Mr. ROHRABACHER. Mr. Speaker, I birthday. with honor but with sadness that I rise rise today to speak about the disas- Like so many Cubans before and today to honor a local hero, 26-year-old trous undoing of democracy in Turkey after him, Camilo was forced to leave West Valley Police Officer Cody and, specifically, the targeting and in- Cuba, his native homeland, because of Brotherson, who was killed last week carceration of those opposed to Turk- his deep opposition to the Castro re- in the line of duty. ish President Erdogan’s ruling clique, gime. Shortly after arriving in this On Sunday, November 6, around 3 especially anyone with any association wonderful country, his new homeland, a.m., police were pursuing three indi- to the Gulen movement as well as eth- America, eventually settling in New viduals in a stolen vehicle. While Offi- nic Kurdish leaders. Jersey, Camilo rose to become a suc- cer Brotherson was placing spikes in an Since an upheaval in July, President cessful businessman and a civil society attempt to stop this stolen vehicle, he Erdogan has used emergency powers to leader. was hit by the car and, tragically, arrest over 37,000 people and dismiss His legacy of extraordinary persever- killed. Not only will he be deeply 100,000 other people from their governance and commitment to those left be- missed by his parents, two brothers, ment jobs. Lawmakers, Supreme Court hind on the island continues to be an and loving fiance, but by the entire judges, mayors, journalists, and ap- inspiration to the thousands of Cubans community. proximately 14,000 doctors and teachers still in exile today, but he also remains I have had the chance, like many have been arrested or dismissed—many a beacon of hope for a Cuba that will Members of Congress, to go on police without due process. one day be free of the tyranny of the ride-alongs, and again and again I am Newspapers and television channels Communist Castro regime. impressed with their hard work, their critical of the Turkish Government I congratulate my friend Camilo professionalism, and their willingness have been shut down. Twitter and Fernandez on his 90th birthday and vow to put themselves at risk so that they Facebook are filtered, while Internet to continue working together for the can protect those of us whom they connections are systematically inter- establishment of a free and democratic serve. rupted. Human rights in Turkey are Cuba and with respect for the human Now more than ever, it is important under severe attack, and the enemy is rights of all of the people of Cuba. that we recognize these brave men and the Turkish people’s own government. women who are willing to serve and to f President Erdogan’s administration protect our communities. Cody was one is currently brutally oppressing anyone NATIONAL APPRENTICESHIP WEEK of these brave ones who ultimately lost representing the Kurdish people in that (Mr. LANGEVIN asked and was given his life protecting us. country, including the Turkish polit- My prayers go out to the Brotherson permission to address the House for 1 ical party HDP, which is involved in family during this extremely difficult minute and to revise and extend his re- the democratic process. Perhaps the time. We will forever be grateful for his marks.) most bizarre is the repression of the and for their sacrifice. Mr. LANGEVIN. Mr. Speaker, I rise Gulen movement in Turkey, and I today in honor of National Apprentice- f would suggest that those people dedi- ship Week. As co-chair of the Career HONORING FORT WORTH POLY- cated to education, benevolence, and and Technical Education Caucus, I am TECHNIC HIGH SCHOOL CHEER respect for others should not be op- proud to be joined by my friend and TEAM pressed but should be looked at as caucus co-chair, Representative G.T. (Mr. VEASEY asked and was given friends of freedom everywhere. THOMPSON from Pennsylvania, in rec- permission to address the House for 1 f ognizing this important week. I know minute.) RECOGNIZING NATIONAL he will be speaking in just a minute. I Mr. VEASEY. Mr. Speaker, I rise APPRENTICESHIP WEEK want to thank him for his outstanding today to congratulate the Parrots of leadership on this issue and so many Polytechnic High School and their (Mr. THOMPSON of Pennsylvania others. cheer team on their future performance asked and was given permission to ad- Apprenticeships are a proven method at the 90th annual Macy’s Thanks- dress the House for 1 minute and to re- of preparing students for in-demand giving Day Parade. On November 23, vise and extend his remarks.) jobs. By combining on-the-job training squad members will showcase their tal- Mr. THOMPSON of Pennsylvania. with classroom instruction, apprentice- ent to the millions at home watching Mr. Speaker, I rise in recognition of ships teach both job skills and how this parade in New York and around the second annual National Appren- these skills are used in the workplace. the country. ticeship Week, which commenced yes- Earlier this year, the House passed Out of the many video submissions, terday, November 14. This special occa- the Strengthening CTE for the 21st the team was selected for their sion helps to highlight the value of ap- Century Act. This bill expands oppor- athleticism and enthusiasm. But most prenticeships and educate businesses tunities for apprenticeships and even importantly, they embodied values fit- and individuals about the positive im- allows teachers to gain direct knowl- ting of Thanksgiving: a spirit of grati- pact they have on our economy. edge of workplace skills. tude and togetherness. As co-chairs of the House Career and G.T. and I were proud to help cham- While their achievement came as a Technical Education Caucus, my col- pion House passage of this bill, which result of the team’s tireless effort, I league, JIM LANGEVIN of Rhode Island,

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.033 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6210 CONGRESSIONAL RECORD — HOUSE November 15, 2016 and I have advocated for a modernized Mr. FLEMING. Mr. Speaker, Novem- recognized for 60 minutes as the des- approach to career and technical edu- ber 20 of this year marks 30 years since ignee of the majority leader. cation programs and apprenticeship op- President Ronald Reagan signed a GENERAL LEAVE portunities across the United States. proclamation declaring the rose as the Mr. LAMBORN. Mr. Speaker, I ask As part of our commitment, we National Floral Emblem of the United unanimous consent that all Members worked in conjunction with members States of America. The rose takes its may have 5 legislative days in which to of the House Committee on Education rightful place as one of our Nation’s revise and extend their remarks and in- and the Workforce to introduce H.R. symbols, along with the American flag, clude extraneous materials on the sub- 5587, the Strengthening Career and our national motto—In God We Trust— ject of this Special Order. Technical Education for the 21st Cen- and our national anthem. The SPEAKER pro tempore. Is there tury Act. Based in Shreveport, Louisiana, the objection to the request of the gen- This bipartisan legislation aims to American Rose Society promotes the tleman from Colorado? help Americans acquire the skills nec- appreciation of the rose and proudly There was no objection. essary to compete for high-wage, high- bears the heritage of being the oldest Mr. LAMBORN. Mr. Speaker, I appre- demand jobs. Notably, the bill encour- single-plant horticultural society in ciate the opportunity to come to the ages stronger public-private partner- our country. House floor tonight to commemorate ships, increases opportunities for ap- The American Rose Center’s gardens National Bible Week. We are truly prenticeships and credentialing, and also display over 65 separate gardens blessed to live in a nation where we are strengthens support for academic coun- and 20,000 different rosebushes for visi- free to worship and read the Holy seling. tors, enthusiasts, and gardeners to all Scriptures without fear of persecution. H.R. 5587 overwhelmingly passed the enjoy. There are so many places throughout House in September, demonstrating I join the American Rose Society in the world where such freedoms do not the enthusiastic support for career and celebrating this occasion, remembering exist. technical education. I remain dedi- the words of President Ronald Reagan In 1941, 75 years ago, mere days be- cated to moving this bill through the from 30 years ago: ‘‘The American peo- fore Pearl Harbor, President Franklin legislative process and providing a path ple have long held a special place in Delano Roosevelt declared the week of forward to those who are looking to their hearts for roses. Let us continue Thanksgiving to be National Bible better their lives. to cherish them, to honor the love and Week. Every U.S. President down to f devotion they represent, and to bestow today has likewise declared this time HONORING THE LIFE OF BARNARD them on all we love just as God has be- of year to be National Bible Week. ‘‘BARNEY’’ KING, III stowed them on us.’’ The National Bible Association, in agreement with the U.S. Conference of (Mr. DOLD asked and was given per- f Bishops, has designated the specific mission to address the House for 1 CONGRATULATING GRASS VALLEY days of November 13 to 19 as National minute and to revise and extend his re- SURGERY CENTER marks.) Bible Week this year. This is the week Mr. DOLD. Mr. Speaker, I rise today (Mr. LAMALFA asked and was given that we can all agree is National Bible to honor the life of Barney King of permission to address the House for 1 Week, and we can recognize the Bible Evanston, Illinois. He passed away on minute and to revise and extend his re- as a foundational building block of November 4 at the age of 73. He is sur- marks.) Western civilization, the Judeo-Chris- vived by his wife, Peggy; his sister, Mr. LAMALFA. Mr. Speaker, I rise tian heritage, and the legacy that mo- Leeanne; his children, Tyler, Caroline today to congratulate the Grass Valley tivated and shaped the founding of the and Jamie; and grandchildren, John Surgery Center located in Nevada United States. Henry, Harry, Sofia, Wesley, and Stela. County in northern California for being In this hour, we will hear from Mem- I got to know Barney through his recognized as the California Ambula- bers of Congress about why the Bible is children, Caroline and Jamie, and I tory Surgery Association’s ACS of the important and what it means to them. knew the moment I met him that this year. We are here to recognize National was going to be a lifelong friend. Bar- This award, which acknowledges the Bible Week. ney was well known in the community excellent strides that have been made My own experience with the Bible for his love of his attire—he was a in the areas of engagement, advocacy, began in 1973, when I was an 18-year-old snappy dresser—and his love of life. He quality, education, and community in- freshman at the University of Kansas. I could often be found playing croquet or volvement, serves as a testament to was approached by some people who fishing for muskie, traveling with his the hard work and dedication displayed asked me if I knew what was in the family, or playing the drums for the by the administration, surgeons, physi- Bible. I said that I believed I knew Mustangs party band or playing a game cians, and staff on hand at the Grass what it was all about, however, I had of chance over a few adult beverages. Valley Surgery Center. never read any of it for myself. The Anyone who ever played with him I visited several times the location only honest thing I could do at that knew, one tie, all tie. and had an opportunity to tour the sur- point was to read it for myself. When I He was also a very generous man, gery center and learn more about the read the Gospel of John, I ended up dis- serving as the president of the National high-quality, cost-effective services covering a personal relationship with Association of General Merchandise they provide, including procedures in Jesus Christ, who became my Lord and Representatives, the president of the general surgery, gynecology, ortho- Savior. In that Gospel, He said: I am Northern Illinois Hockey League, or an pedic, pain management, podiatry, and the way, the truth and the life. No one area that he encouraged me to get in- urology. comes to the Father but through Me. volved in as the president and director I am very grateful for their presence, Mr. Speaker, I don’t know where in of Santa’s Volunteers. as are our constituents in northern their spiritual journey people may be Mr. Speaker, our community owes California and Grass Valley. This who are listening tonight, but I do Barney a great debt of gratitude for his serves as a model of how to make know this: it is better to read the Bible service to our community. My health care more efficient and reach for oneself and not just to take some- thoughts and prayers remain with his more people in the United States. one else’s word for what is in it. For family in this difficult time. Congratulations to them on this rec- me, it made all of the difference in the f ognition. world. f Mr. Speaker, as we celebrate Na- THE ROSE: THE NATIONAL FLO- tional Bible Week, we remember the RAL EMBLEM OF THE UNITED NATIONAL BIBLE WEEK importance of faith in both our private STATES OF AMERICA The SPEAKER pro tempore (Mr. and public lives. We recognize the Bi- (Mr. FLEMING asked and was given BRAT). Under the Speaker’s announced ble’s powerful message of hope. We permission to address the House for 1 policy of January 6, 2015, the gen- cherish the wisdom of the Bible, and we minute.) tleman from Colorado (Mr. LAMBORN) is thank God for providing this Holy

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.036 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6211 Book that has been truly a lamp unto Mr. LAMBORN. Mr. Speaker, I thank virtue being defined by God’s truth as our feet and a light unto our path. the gentleman from Virginia. I appre- contained in the Bible. Mr. Speaker, I yield to the gentleman ciate the words, the wisdom, and the I am certain that he could have from Virginia (Mr. FORBES) who is a heartfelt nature of what he just spoke quoted Psalm 1, as it says: ‘‘Blessed is valuable member of the Armed Serv- to. the man who walks not in the counsel ices and Judiciary Committees. Rep- I yield to the gentleman from the of the ungodly, nor stands in the path resentative RANDY FORBES will be leav- great State of Michigan (Mr. of sinners, nor sits in the seat of the ing Congress at the end of this year, WALBERG). scornful; but his delight is in the law of and he will be truly and sorely missed. Mr. WALBERG. Mr. Speaker, I thank the Lord, and in his law he meditates Mr. FORBES. Mr. Speaker, I thank the gentleman for his efforts tonight to day and night. He shall be like a tree Mr. LAMBORN for his work in this area call attention to this. planted by the rivers of water, that and for doing this Special Order. Mr. Mr. Speaker, I am thankful for the brings forth its fruit in its season, LAMBORN talked about the impact the opportunity we are afforded here to whose leaf also shall not wither; and Bible had on his life. The Bible began speak of the impact of the Bible in our whatever he does shall prosper. The un- having an impact on my life long be- lives as well, and, more importantly, godly are not so, but are like the chaff fore I was born. the impact the Bible can have on all which the wind drives away. Therefore, This little book is over 75 years old. lives. the ungodly shall not stand in judg- It is called the ‘‘Heart-Shield Bible.’’ I was a young boy when I was encour- ment, nor sinners in the congregation Inside of it, it has my father’s name, aged to memorize a simple little verse, of the righteous. For the Lord knows and it says: ‘‘From Mother and John 3:16, which said: ‘‘For God so the way of the righteous, but the way Daddy.’’ It was given to him when he loved the world that He gave His only of the ungodly shall perish.’’ was 19 years old, just before he left to begotten Son that whosoever believe in It was words of a psalmist. Plainly, go fight in World War II. He ended up Him should not perish but have ever- honoring the Bible in one’s life brings at Normandy, not with the initial inva- lasting life.’’ success, while rejection of the Biblical sion, but a little while after that. When I put my name in that place in truth brings defeat. Somewhere in Europe—I don’t know the world, it meant everything in the Mr. Speaker, one of my favorite Bible where it was—he opened this book and world to me. With Jesus Christ as my verses, a verse that means a lot to me he read it. savior, it has impacted my life. as I think at the end of each day and Now, the theory of this book was it Mr. Speaker, noted historian, Will pray and ask certain questions in my had a gold plate on the front, and it Durant, once stated: ‘‘The greatest own life, is II Timothy 2:15. It says: ‘‘Be was supposed to be put in your pocket question of our time is not communism diligent to present yourself approved to and protect your heart if you were versus individualism, not Europe God as a workman who does not need shot. I don’t know that it ever did that, versus America, and not the East to be ashamed, accurately handling the but it changed his heart. He made a versus the West, it is whether men can word of truth.’’ In that simple, elo- promise in those foxholes that if he got live without God.’’ quent, little verse, it says in the end back home, he would have his family— Mr. Speaker, that question, it now what matters. First, is God pleased which he didn’t have at the time—in appears, will be answered in our own with your day? Has his work been done church every single Sunday. I know a time. well? And, finally, has the Word, the lot of GIs made promises that they left b 1745 Bible, been used well? If the Bible has when they got on the ship to come been used well by individuals or a na- back. He never did. God has left us with a direct message tion, we will do well. So that little book that he read not on life and how to live life with God, John Clifford wrote a poem that I only transformed his life, not only gave and that message is the Bible, a book will end with today. In that poem he him the courage and the faith to get that is, sadly, being pushed out of the says this: through that war, but it changed his mainstream of our country in many ‘‘Last eve I paused beside the black- children and his grandchildren, and it ways. Sadly, we are seeing the results smith’s door, and heard the anvil ring continues to change his great-grand- in broken homes, dysfunctional soci- the vesper chime; children to this day. eties, upheaval that is going on. Sadly, Then looking in, I saw upon the floor, In my office I always kept a Scrip- those results impact us here in govern- old hammers, worn with beating years ture and something that was offered by ment as well. Yes, we can still read the of time. Chaplain Peter Marshall on the floor of Bible, but freedom to live it out is in ‘How many anvils have you had,’ said the Senate on March 18, 1948. question, and I wonder why. I, ‘to wear and batter all these ham- It said this: ‘‘Our Father in Heaven, Dostoyevsky stated it this way. He mers so?’ save us from the conceit which refuses said: ‘‘When God is dead, anything is ‘Just one,’ said he, and then with to believe that God knows more about permissible.’’ twinkling eye, government than we do, and the stub- And Joseph Stalin suggested that ‘The anvil wears the hammers out, bornness that will not seek God’s help. ‘‘America is like a healthy body and its you know.’ Today we claim Thy promise: ‘If any resistance is threefold, its patriotism, And so, I thought, the anvil of God’s man lack wisdom, let him ask of God, its morality, its spiritual life . . . If we Word for ages skeptic blows have beat who giveth to all men liberally and it can undermine these three areas, upon; shall be given to him.’ Thou knowest, America will collapse from within.’’ Yet, though the noise of falling blows Lord, how much we need it. Make us Mr. Speaker, these are sobering was heard, the anvil is unharmed, the willing to ask for it and eager to have statements. hammers gone.’’ it. In Jesus’ name we pray. Amen.’’ The Bible that we honor in a special Isaiah 40:8 confirms: ‘‘The grass with- That Scripture from James 1:5 should way today and throughout this week ers, the flower fades, but the Word of serve as a guidepost for those in leader- addresses the preceding statements our God,’’ the Bible, ‘‘stands forever.’’ ship today. with great clarity when it affirms in Mr. LAMBORN. Mr. Speaker, I thank Our Nation is on the cusp of great op- Proverbs 14:34: ‘‘Righteousness exalts a the gentleman for his words. portunities, but our future, neverthe- nation, but sin is a reproach to any In a moment, we are going to hear less, remains fraught with challenges. people.’’ from Representative VIRGINIA FOXX of America is at a crossroads. Each of us This is why I believe a signer of the North Carolina. But let me briefly must, with humility, seek wisdom and Declaration of Independence named mention first how the Bible was truth as we make decisions in the days Jonathan Whitherspoon declared it foundational to the development of our ahead. this way. He said: ‘‘A republic once country. I can think of no single book that of- equally poised must either preserve its Many of the early American settlers fers that wisdom and truth more than virtue or lose its liberty.’’ came to the New World with the ex- the Bible. I thank Mr. LAMBORN again Whitherspoon, who was also a minister, press purpose of following the Bible ac- for allowing me to be here. made this statement in the context of cording to the convictions of their own

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.038 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6212 CONGRESSIONAL RECORD — HOUSE November 15, 2016 consciences. One of the first acts of to love our fellow human beings during Almighty God as it relates to our for- Congress during the tumultuous begin- times of turmoil, confusion, and strife. tunes as well as our destiny; and I be- ning of our Nation was the authoriza- I can think of no more important lieve now, more than ever, our Nation tion of an American published Bible. source of guidance than this deep re- would do well to return again to the The war with the British had cut off pository of fundamental and universal Bible for guidance in these critical the States’ supply of Bibles from Eng- truth. days that we are facing. land. Our Founding Fathers understood It offers us hope when circumstances This week, communities, pastors, how important it was for the American are dire and is a source of strength churches, and leaders all across Amer- people to have Bibles, so in 1782, Con- when our human frailty brings us low. ica are going to be celebrating Na- gress reviewed, approved, and author- When we are surrounded by darkness, tional Bible Week. They are going to be ized the first known English language as the psalmist wrote, the Bible ‘‘is a reading it. They are going to be reflect- Bible to be printed in America. lamp to our feet and a light to our ing on it. They are going to be talking Throughout American history, many path.’’ about, in discussions and so forth, just of our great leaders have turned to the I hope it will be encouraging to the how the Bible can help each of us lead Bible for guidance, hope, and faith. American people to know that there a better life, frankly, because it points President Abraham Lincoln once said are people in the Capitol who make us to personal forgiveness and personal of the Bible, in regard to this great every effort to live their lives by the life transformation through faith in book: ‘‘I have but to say, it is the best precepts of the Bible. We have many Jesus Christ. gift God has given to man. All the good Bible studies and prayer groups that Mr. Speaker, I believe it is our re- the Savior gave to the world was com- meet every week here. In fact, the Na- sponsibility as leaders in this country municated through this book. But for tional Prayer Breakfast grew out of to remind Americans of the signifi- it we could not know right from wrong. our weekly bipartisan prayer breakfast cance of the Bible to our individual All things most desirable for man’s in both the House and the Senate. I lives, to our history, to our national welfare, here and hereafter, are to be have collected some of the stories told life, and certainly to the culture that found portrayed in it.’’ in the House prayer breakfast in a we have here in America. And President Ronald Reagan, in his book called ‘‘God Is in the House,’’ One of our late Presidents, Theodore own National Bible Week declaration, which people are telling me is a great Roosevelt, actually did this while he which we are celebrating this week, inspiration to them. was in a conversation with the son of a wrote, when he was in office: Today, I offer a prayer of grateful- very close friend of his who was enter- When I took the oath of office, I requested ness for this gift of God’s Word and en- ing the mission field, and this state- the Bible be open to II Chronicles 7:14, which courage my fellow Americans to dig ment, I believe, just says so much in reads: ‘‘If my people, which are called by my deep into the Good Book and discover this regard. He said: name, shall humble themselves, and pray, for themselves what riches it has in I have told you so many times that I con- and seek my face, and turn from their wick- store for them. sider the Christian ministry as the highest ed ways, then I will hear from Heaven, and Mr. LAMBORN. Mr. Speaker, I thank calling in the world, most intimately related will forgive their sin, and will heal their the gentlewoman for her well-spoken to the most exalted life and service here and land.’’ This passage expresses my hopes for remarks and the heartfelt nature of destiny beyond. the future of this Nation and the world. what she shared. But then, as President, he said this: Mr. Speaker, I yield to the gentle- Mr. Speaker, I yield to the gentleman woman from North Carolina (Ms. And I consider it my greatest joy and glory from Georgia (Mr. JODY B. HICE). that, occupying a most exalted position in FOXX). Mr. JODY B. HICE of Georgia. Mr. Ms. FOXX. Mr. Speaker, I want to the Nation, I am enabled, simply and sin- Speaker, I thank the gentleman for cerely, to preach the practical moralities of thank the gentleman from Colorado yielding and for leading this Special the Bible to my fellow countrymen and to (Mr. LAMBORN) for organizing this Spe- Order. hold up Christ as the hope and savior of the cial Order tonight. Mr. Speaker, I rise, as have my col- world. Mr. Speaker, I am rising also to join leagues, to celebrate one of the most b 1800 my colleagues to commemorate the significant and remarkable books in 75th annual celebration of National human history—certainly to my life— What a statement by one of our Bible Week. And I want to thank all of and that is the Bible. As a servant of Presidents. my colleagues for giving us such won- Christ and, in fact, a pastor for nearly Mr. Speaker, I just want to again derful history lessons and quotes about 30 years, it is my honor to join all of commend my good friend, DOUG LAM- how important the Bible has always my colleagues this evening in recog- BORN, for holding this Special Order. been to our country, and particularly nizing the importance of the Bible and Obviously, we gain tremendous insight, to the Founders of our country. its incredible impact on my life, on inspiration, and guidance from the As I stand here tonight, I am looking many of our lives, and certainly on the Scriptures. The light of God’s Word straight up at the full face of Moses life of our Nation. shines through us most when we hold looking down on us. When I have peo- Mr. Speaker, the Bible speaks to the fast to these principles and apply them ple in the Chamber, I point out to them greatness of God. It speaks that he is to our daily lives. Again, I thank the that around the top of the Chamber are the object of true worship, that he is gentleman for this opportunity. profiles of ancient lawgivers. The only the fount of all blessings, and that he Mr. LAMBORN. I thank the gen- full-face figure is that of Moses, who is, in fact, our redeemer, our friend, tleman from the great State of Georgia looks straight down on the Speaker’s our savior, and our judge. for being here, for sharing, and for his podium. I think that it is so important I don’t even know where to start background. People come to Congress that people understand that we are a when it comes to having favorite with all kinds of different backgrounds, Judeo-Christian country and that the verses. There are just so many. I read and having one or more pastors, which Bible, both the Old and New Testa- it daily. It is a part of the beginning of we do here in the body, adds a valuable ment, are so important to us. every day of my life. But one of those thread of experience and thought that As we approach this celebration, Mr. verses that I believe is so appropriate helps us all. Speaker, which is traditionally held for right now comes from Hebrews 4:12 One reason many people respect the during the week of Thanksgiving, it is that really deals with the importance Bible is that so many prophecies for important to take a moment and re- of God’s Word in our lives. It very sim- telling future events have come true flect on how this Good Book has ply says that the Word of God is alive exactly as foretold. In the Old Testa- changed the course of history, stood as and active, that it is sharper than any ment, there are many predictions that a guiding light for the world, shaped double-edged sword, that it penetrates were given to prove if a speaker were our Nation, and inspired countless even to the dividing of soul and spirit, divinely inspired. If and when these lives. joints and marrow, and it judges the predictions came true, it validated the The Bible is a precious gift from God thoughts and intentions of the heart. words of that prophet. The Book of to his people that teaches us how we I think our country has pretty much Daniel, for instance, contains scores of ought to relate to our Creator and how always recognized the unseen power of detailed prophecies that were literally

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.039 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6213 fulfilled. Skeptics have fallen back to my life and the more peaceful my life workday except Sunday. I remember the position that Daniel must have and the more direction I would have in going with my grandfather, who was a been written after the fact and is mis- my life to fulfill His God-given mis- superintendent of the local church. As representing itself. In fact, Daniel is sion. a very young boy, he would let me hold found in its entirety in the Greeks’ So the Word of God is our hope. It is onto the rope as he would pull the bell Septuagint and partially in the Dead the hope for this country. Frankly, in to signal that it was time for the com- Sea Scrolls, both of which we know reality, the more our Nation is right in munity to come to worship. The rope predated the events that were proph- a vertical path with Him, horizontally, would swing me up into the rafters, esied. The rise and fall of empires, the we will be in good shape the more we and my grandfather would stand there, capture and destruction of cities, and are consistent with the precepts of His making sure I didn’t fall and hurt my- the destiny of kings all were proph- Word. self. It was like going to Six Flags for esied about in minute detail, and Frankly, George Washington knew me as a kid. archeology and history have literally that. On one occasion, I was down at I remember, as a young boy, being confirmed hundreds of such prophecies Mount Vernon. Many years ago, I was exposed to the words in this book when as having come true. here, working with Dr. and Mrs. Bill I was in the backroom of that little I now yield to a friend, the gen- Bright as they started the Christian church, learning for the first time the tleman from the great State of North Embassy back in the mid-1970s, and we great stories of the patriarchs and ma- Carolina, ROBERT PITTENGER. went down to Mount Vernon. In the triarchs of the Scriptures: Abraham, Mr. PITTENGER. I thank Congress- casing was the Bible that George Wash- Jacob, Isaac, Moses, King David, the man LAMBORN so much for his leader- ington read from. It was all marked Apostle Paul, and, of course, our Sav- ship on this. What an inspiring through. He knew the Word of God. He ior Jesus Christ. I went through my evening. studied it. I have read his diaries. He life with some of those foundational Mr. Speaker, as a little boy, I was went every Wednesday night to ves- faith principles that were taught to me taught that little song: ‘‘Thy Word is a pers. He rode on his horse to church at that point. All of my life, I wanted lamp unto my feet and a light unto my every Sunday. He committed himself to find out where all of that came path.’’ Now, I am no Cliff Barrows, but to knowing the Word of God. That is from. I have carried that song with me my why he became the great leader that he I had an opportunity to visit the na- whole life. In fact, I do want to make a was. tion of Israel—the Holy Land—in 2014. I testament about Cliff Barrows, for he So I thank the gentleman, Mr. LAM- thought about that visit before I went, went to be with the Lord today. Cliff BORN, for his leadership, for his heart, and I thought I would like for this to Barrows—a great saint who led the cru- for his understanding, for his perspec- be more than just an official visit. I sades for Dr. Billy Graham for nearly tive, and for committing himself to would like for it to be personally mean- 70 years—is now singing praises in giving honor to the Word of God to- ingful; so I prayed about that. I said, Heaven. I was thinking earlier that night. ‘‘God, can you let me get something Cliff will be greeting those tens of Mr. LAMBORN. I thank the gen- from this visit that I can take back thousands of people who come forward, tleman and appreciate his remarks. and share that will be revealing?’’ and singing just as I am. Let me say something about manu- he did. As I walked in the footsteps of As we look at the Word of God, we scripts, which are the historical evi- Abraham, across the Hebron valley— find truth. As we read in John, Chapter dence for the text of the Bible. The when he was taking Isaac to Mount 1: ‘‘In the beginning, it was the Word, Bible that we acknowledge during this Moriah—and when I stood on the Tem- and the Word was with God, and the National Bible Week has come down to ple Mount, when I stood in the Garden Word was God. The same was in the be- us in history through manuscripts that Tomb, a revelation came to me, and ginning with God.’’ were written centuries or millennia that is the reason that America’s heart Now, I didn’t know that Word until ago. These manuscripts are more nu- is so intertwined with our friends in November 2, 1969, at 10:30 p.m., on a merous by an order of magnitude than Israel—it is that our lineage is one and Sunday night, when I gave my life to any other classical text and go back the same. Christ. I wasn’t too theological. I just much closer to the time of origin than The Scriptures tell us that a little said: ‘‘Lord, I give up. You lead my any classical text. place that is a little southwest of mod- life.’’ When that happened, I had an in- For instance, the Histories of ern-day Jerusalem is where God told satiable desire to read the Word of God. Herodotus, which, actually, I read re- Jacob: Your name is no longer going to I would stay up, when I was a senior in cently, are based on eight manuscripts be Jacob, but your name is going to be college, and I would read the Word of that come about 1,300 years after the Israel; and I am going to make a nation God at midnight and later on into the original version. By contrast, the New come from you, and this shall be your early morning because it fed my spirit, Testament has over 20,000 manuscripts, land. it fed my soul, and it gave me direction some of which go back mere decades It occurred to me at that point that in my life. after the original version. The Dead our lineage and the lineage of the na- I didn’t know much about the Bible. Sea Scrolls proved that the Hebrew tion of Israel is exactly one and the I went to church. I guess they drug me text of the Old Testament, which came same because, if you go back to our to church, for you can still see the heel down from other sources, is, indeed, ac- founding documents—to our Declara- marks in the ground. I knew a lot curate and reliable to the letter. tion of Independence—it claims that about church, but I didn’t know a lot I now yield to the gentleman from our unalienable rights of life, liberty, about His Word; so I went out to a Ohio, Representative BILL JOHNSON, my and the pursuit of happiness come not place that was the Campus Crusade for friend and colleague. from man, not from government, not Christ. They had a mini seminary for 6 Mr. JOHNSON of Ohio. I, too, want to from Presidents or from legislative weeks, and I learned more there about thank my colleague from Georgia—not bodies, but from our Creator. the Word of God. I then ended up join- from Georgia but from Colorado. I have John Adams said that the Constitu- ing the Campus Crusade and was there lived all over the country, so I get con- tion of the United States is a document for 10 years. fused about where some of my col- that is designed to govern a people who I went through a couple of years of leagues are from. I thank my colleague live by Christian principles and that it seminary classes, but the Word of God from Colorado for doing this this is wholly inadequate for any other. is what gave me stability in my life evening. Today, we seem to think that you have and is what gave me perspective in my God’s Word has meant so much to me to be perfect to experience God’s re- knowing that He knew much better in my life. I can remember being a demption in your life. about me and my future and had a young boy and being raised on that I am reminded of First Chronicles, greater wisdom about my life than I two-wheel, wagon-rut mule farm, Chapter 4, the story of Jabez. He knew and that the best that I could do where every day was a survival day—no prayed: O God that You would bless was partake in His knowledge. The indoor plumbing, up before dawn, going me, indeed, that You would expand my more I knew about Him, the greater to bed way after dark. Every day was a territory, that Your hand would be

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.041 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6214 CONGRESSIONAL RECORD — HOUSE November 15, 2016 upon me, and that You would keep me Folks, much of what ails our Na- have, but there is the freedom to ex- from evil that I might not cause pain. tion—much of what ails our Nation press other ones as well. We never hear about Jabez at any could be solved if we would simply get In these times, there are those who other time in the Bible, but we know back in touch with our first true love, would try to oppress those with false what God said to him. Because Jabez the true love that is proclaimed in our gods, worship of nature, worship of was a righteous man, God answered his Declaration of Independence and our things, and subdue our abilities to wor- prayer. You will notice that the Scrip- Constitution and that our Founders be- ship as we please. In these times, these tures didn’t say because Jabez was a lieved in, the author of truth. It is oppressions seem to be more and more perfect man. They said because Jabez found in this book. apparent all the time. was a righteous man—that he had a Thank you to my colleague for allow- Still, we soldier on and we ask God’s heart after the Father’s. ing me a few minutes to speak tonight. guidance and pray for the light to be In America today, we hear about so I have wanted to do this for a long shown to others on what this is. This is much of the division and of even divi- time. God bless you. not a judgmental thing. We don’t judge sion here within the legislative Mr. LAMBORN. Mr. Speaker, I thank others. God is the judge. We live by a branch—within parties and across Representative JOHNSON for what he code that is in the Bible or we try to. party aisles. We sometimes forget that shared. It is truly appropriate for this One important verse, Romans 3:23, the Bible talks about politics. You will National Bible Week. I appreciate how says: ‘‘For all have sinned and fall hear oftentimes ‘‘don’t mix religion he talked about the ties between Chris- short of the glory of God.’’ and politics.’’ The Bible talks about tianity and Judaism and the Judeo- That is why we have to seek Him; we politics. Go read Daniel, Chapter 6. Christian ethic, which ties it all to- all fall short. It is not judging of one Daniel, Chapter 6 is like a session of gether and how you observed that dur- versus the other because they are all in Congress. We all know the story. ing your recent trip to Israel. the same lot. Daniel was an overseer who was ap- There are many archeological discov- So there are many places you can pointed by the king. He was selected as eries which have validated Biblical ac- point to in the Bible that has much a commissioner, one of the leaders of counts, giving trustworthiness to the wisdom. I recommend you read the the overseers, like a leader here in the Bible we acknowledge during this Na- whole thing. I, at this point, am read- House, perhaps. Some of the people tional Bible Week. Time and time ing it front to back. I have never really didn’t like how much favor Daniel was again, archeology has shown the Bib- done that before, read it all the way getting with the king, and they began lical personalities, locations, and through. I am in Acts right now. In to conspire against him. You know the events actually existed in time and life, when you go to Bible school, Sun- story. They set it up so that Daniel had space. Claims by critics that a Biblical day school, or through church, you to be thrown in the lions’ den. We statement was simply made up have maybe tend to hop and skip around. know that God spared Daniel and shut been debunked by later archeological But reading the Bible front to back, it the mouths of the lions, and the con- discoveries more times than we can really becomes fascinating. spirators suffered the same fate. They say. Every word in there is in there for a were fed to the lions by the king. The Jewish archaeologist Nelson purpose. Even when you are reading Yet we don’t go far enough into that Glueck has said: ‘‘It may be stated cat- through a whole list of names you may to remember what Daniel did as a poli- egorically that no archaeological dis- have never heard of or hear of again— tician. You see, Daniel never went to covery has ever controverted or contra- so-and-so begot so-and-so and lived 120 the king and said: Hey, you have aban- dicted a biblical reference.’’ years and then he died and things like doned me. You stabbed me in the back. I now yield time to the gentleman that—it may not be apparent in the be- I have been your guy all of this time, from California (Mr. LAMALFA). He will ginning, but there is an important rea- and now you are going to throw me to talk about this National Bible Week. son why those words are in there. They the lions after I have stood up for you Mr. LAMALFA. Mr. Speaker, I thank are in there to chronicle time, to all of this time? the gentleman from Colorado (Mr. chronicle who was important in those He never went to his other commis- LAMBORN), who not only shares the early days all the way through to the sioners and said: I thought you guys first 13 letters of our combined names, prophesy you find in Revelation, which were with me. I thought we were all in but a deep reverence and recognition of is very, very important to understand this together, and now you are con- the importance of the Bible in our what our future may hold. spiring against me. Christian faith. So some of the things I like to live No. What Daniel did was he said: So I am glad to be able to join you by: you can find so much in Proverbs, King, I am your guy. I am still going to and our other colleagues here in recog- which indeed much of it could be seen be your guy, but what I am not going nizing the 75th anniversary of National as perhaps a book of best practices, to do is give up my principles upon Bible Week. tools to use in life. Much of Proverbs is which I stand—my belief and faith in The Bible is indeed the living, unerr- the document laid down by King Sol- my God. If you want to throw me in ing Word of God. The Founders recog- omon to his son, Rehoboam—the best the lions’ den, throw me in the lions’ nized that, as the gentleman from Ohio practices in speaking to his son. den. (Mr. JOHNSON) alluded to. Indeed, our A portion that I like especially and is You see, Daniel knew something that form of government is more successful a part of what I like to use as a model we as leaders—that we as a nation— when we follow a standard that is sepa- for conduct in this difficult role we find need to get back in touch with, which rate from ourselves, a standard that ourselves in as elected officials in a is that God doesn’t expect us to do His lives in a timeless space, beyond what town full of temptation, full of possible job. Daniel knew he was not the chang- today’s fads are and what today’s feel- bad choices that we have seen others er; rather, he was the change agent. ings or thoughts are. The Bible is un- who have fallen to these bad choices is erring in that since it is the Word of in Proverbs 4:18–27. b 1815 God. So it is for us to recognize this It says: ‘‘The path of the righteous is We are here for a short time to sim- and put those words into action. like the morning sun, shining ever ply be salt and light. That is our role. Some might say: Well, why are they brighter till the full light of day. But Yet, today we get distracted by every- talking about the Bible on the House the work of the wicked is like deep thing that comes across the news floor? Why are they talking about reli- darkness; they do not know what media or the Internet. We believe it to gion and mixing that in with govern- makes them stumble. My son, pay at- be the truth when this document, this ment? tention to what I say; turn your ear to book, is the author of truth. Well, the Founders provided not free- my words. Do not let them out of your John 8:31–32 says: Jesus said to the dom from religion, but freedom to ex- sight, keep them within your heart for Jews that believed in Him, ‘‘ . . . abide press our religions, no matter what they are like life to those who find in my word and you will truly be my type it is in this country. Still, this them and health to one’s whole body. disciples; and you will see the truth, one is based largely on Christianity Above all else, guard your heart, for and the truth will set you free.’’ and the Judeo-Christian values we everything you do flows from it. Keep

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.042 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6215 your mouth free of perversity; keep The Nation really rallied and rallied They all said ‘‘yes.’’ He said it should corrupt talk far from your lips. Let behind Franklin Roosevelt’s call to be based on the teachings of Jesus. your eyes look straight ahead; fix your pray together, the President that went When you think about it, it makes gaze directly before you. Give careful on national radio on D-day and led the perfect sense. If you base a government thought to the paths for your feet and Nation in prayer. I am sure if he were on the teachings of anyone else, then be steadfast in all your ways. Do not to try to do that today if he were alive, ultimately there will not be true free- turn to the left or the right; keep your then people would be freaking out that dom in that nation. feet from evil,’’ which indeed in this the President was leading in prayer b 1830 business keeping on that right path, do like that. not be drawn into temptation, do not There are so many examples from This is a New Testament that be- go to the left or the right where evil World War II where we could say: Wow, longed to my uncle, and it has ‘‘May might be. wasn’t that a coincidence? The Ger- the Lord be with you.’’ It has this brass Best practices are in Proverbs. In- mans ran out of gas at just the right plate here on the front, and people deed it is one of my favorites, but there time. This German general or com- were encouraged to put it in their is so much to be gleaned from reading mander got confused at just the time pocket to see if it would save—it appar- all the way through the Bible and they were about to get enough gasoline ently saved some lives right over the going back and understanding what to refill and refuel and keep the Battle heart. Inside the flyleaf at the top it that means. This is why small-group of the Bulge going. There are so many says: Bible study is important. Our church little things. ‘‘The White House. Washington. As leaders who are imbued with this A fellow in Iowa earlier this year had Commander in Chief, I take pleasure in knowledge, you can learn from that told me that coincidence is what we commending the reading of the Bible and apply that to your life and be suc- have when you don’t notice God’s at to all who serve in the Armed Forces of cessful in your life not only here, but work. I am still chewing on that. the United States. Throughout the cen- in the very important hereafter. In the first hundred years, about a turies, men of many faiths and diverse Our Founders were inspired by that. hundred years after the founding, the origins have found in the Sacred Book When you take the perfect unerring ef- U.S. Supreme Court had a case involv- words of wisdom, counsel and inspira- fect of the Bible and apply that to ing Trinity Church. They went through tion. It is a fountain of strength and maybe what is the closest as possible and reviewed all the evidence and de- now, as always, an aid in attaining the to perfect of something created by clared this is a Christian nation. It highest aspirations of the human man: our Constitution, our Bill of didn’t mean everybody in America was soul.’’ Rights, what came from the Declara- a Christian at all. Nobody has to be. It is signed Franklin D. Roosevelt. tion of Independence. They were in- They have the freedom to say God If you look back at our history, the spired by Biblical truths. That is why, doesn’t exist. very first book authorized to be pub- in this unjudgmental way that we try The freedom that comes from a gov- lished by the U.S. Congress at govern- to live, they are almost perfect docu- ernment based on Biblical word is a ment expense was the Bible. You had ments because they are divinely in- freedom that cannot be obtained under the Supreme Court in the first 50 years spired by the Bible. any other religious teaching. That is saying: of course the Bible should be So as we celebrate the special anni- why, when I had a chance to meet Re- taught; it is the best book for teaching versary this week, know that my col- tired General Jay Garner again back in our children. And now the government leagues here are indeed well-meaning September, I asked him again: What says: really, Christians are a big hate in sharing this. From Genesis to Rev- happened? group that we need to worry about, and elation, you will find the truth in President George W. Bush sent him that their talk of Christianity is actu- there, which is a very profoundly pow- over into Iraq and asked him to find ally hate speech, homophobia, and erful message. out what the Iraqi people felt like we Islamophobia. I thank the gentleman from Colorado should try to give them as a govern- What these people who have become (Mr. LAMBORN) for the time and for ment. wise in their own eyes don’t realize is having this Special Order tonight on Now, I would say let them choose that really this book, this Bible, is this very important and profound week their own government. We shouldn’t be about love, that God so loved the world of recognition for our Bible. trying to push anything. that He gave His Son, and that His Son Mr. LAMBORN. Mr. Speaker, I thank General Garner did a brilliant job, so loved the world that He gave His the gentleman from California (Mr. but he went with some other people— life. That is a religion based on love. LAMALFA) for sharing those thoughts one was a reporter and he had people Jesus went on to say the two great with us. from the administration with him—and commandments: love God, love each The Pacific Ocean all the way to the he was told: ‘‘You have got to talk to other. Atlantic is covered by our speakers this direct descendant of Muhammad After I became a parent and my today. We had East Coast speakers and see what he says, because people mother was about to die, and she said from Virginia, North Carolina, and really listen to him being a direct de- her favorite thing was her kids being Georgia. We had a speaker from Michi- scendant of Muhammad.’’ there with her and loving each other, it gan up on the Canadian border. And A black turban also is an indication made all the sense in the world. our next speaker will be from Texas on apparently of being a direct descendant This Bible makes sense, from the our southern border. So the entire of Muhammad, from what we were told. prophecies Mr. LAMBORN spoke of, country is represented. That is fitting Then he said: Look, I am going to when you read Psalm 22—‘‘My God, my because National Bible Week is for the tell you what I think we need here in God, why have you forsaken me?’’—it entire country. It is the 75th anniver- Iraq. I will do that in my language, and is just verse after verse of prophecy of sary of this celebration. then I will tell you in English since what was fulfilled by only one person So the entire country of America has you are recording everything. in the history of man. been blessed throughout history, as we And so he spoke for quite some time. Mr. LAMBORN. Mr. Speaker, I want talked about several times already to- And then he said: Okay, in a nutshell, to thank the gentleman from Texas night. It is so appropriate that we can what I have said is basically we need a and all the other speakers who joined have speakers from all over the coun- government that is composed of Iraqis us during this hour. It has been really try. and that it is based on a constitution wonderful to recognize and commemo- I yield to the gentleman from Texas that Iraqis put together and that con- rate the 75th anniversary of National (Mr. GOHMERT). stitution is based on the teachings of Bible Week. Mr. GOHMERT. Mr. Speaker, this is Jesus. I would like to thank the National the 75th anniversary of National Bible And General Garner, when he got Bible Association—the other NBA—for Week. Isn’t it interesting that National outside, he turned to the reporter and offering to provide some historical ar- Bible Week was first proclaimed 2 everybody and asked: ‘‘Did you guys all tifacts, which for logistical reasons we weeks before World War II broke out? hear that? Did he really—‘‘ were not actually able to bring here in

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.044 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6216 CONGRESSIONAL RECORD — HOUSE November 15, 2016 person, ancient Jewish and Protestant the last 7 years, and this is what we that is an Amtrak locomotive, 100 per- and Catholic texts that we could have call the Make It In America agenda. cent made in America. But America used as well to read from. I just want Yes, that infrastructure is essential. doesn’t build locomotives anymore. to thank each Member here, and I am But what if your tax dollars were spent Well, that used to be true. Maybe a glad that we have had 75 years of cele- on jobs in the United States, on Amer- decade ago we didn’t build locomotives. brating this wonderful event. It has ican-made steel, American-made con- However, in the wisdom of this Con- been a great part of our national herit- crete, American-made rebars, struc- gress and President Obama and the age. tural elements of all kinds? What if Senate, the American Recovery and Mr. Speaker, I yield back the balance your tax dollars were actually spent Reinvestment Act passed, otherwise of my time. here in America rather than in that known as the stimulus bill. f very sad, sad situation in California, in In the stimulus bill, there was writ- my California? ten a few tens of billions of dollars to MAKE IT IN AMERICA Oh, yes, let me put this up. This is an build locomotives—let me put it this The SPEAKER pro tempore (Mr. embarrassment. Oh, not this one. That way, to buy locomotives for the Am- BUCK). Under the Speaker’s announced one. You see, that is the San Francisco trak system. This one is an electric lo- policy of January 6, 2015, the gen- Bay bridge. It was completed about 4 comotive for the Northeast corridor tleman from California (Mr. years ago, 3 years ago now, and the here on the East Coast. Somebody GARAMENDI) is recognized for 60 min- original cost was somewhere around $1 somewhere in that piece of legisla- utes as the designee of the minority billion or so. It actually turned out to tion—maybe it was a Democrat, maybe leader. be some $6 billion or more. But the it was a Republican, maybe it was a Mr. GARAMENDI. Mr. Speaker, thing that really, really was embar- staffer, an independent, I don’t know, thank you for the opportunity here to rassing is that the steel in that bridge but somebody wrote into that provi- discuss something that we have talked was not American steel. It was Chinese sion for the purchase of Amtrak loco- about now for almost 7 years. It is steel. The toll dollars of those who motives, about 70 of them, actually a called infrastructure. It is called Make cross this bridge for the next 50 years little more than 70 of them, that they It In America. It is all about American wind up in China, not in the United must be not 10 percent American made, bridges falling down. States, not in American steel mills, not 20, not 30, not 90, but 100 percent This is the bridge in Washington not in the pockets of American work- American made so that every single State as one approaches the British Co- ers who are working those mills, and thing on that locomotive had to be lumbia boundary, Interstate 5, the not in the pockets of the welders who American made. interstate that runs from the Canadian put together the steel structures but, Well, the great manufacturers in the border to the Mexican border. And on rather, in China’s pocket. United States—General Electric and this particular day, you couldn’t get Terrible embarrassment. Why did it General Motors—and some foreign there because the bridge collapsed. Not happen? Well, they thought it would be manufacturers looked at that and said: unusual. All across America, there are about 10 percent cheaper. It didn’t hap- 100 percent American made? It doesn’t tens of thousands of bridges that are in pen. It turned out that it was much, work. They don’t build locomotives in a state of imminent collapse, down- much more expensive. Why? Because the United States anymore. How could right dangerous. But, hey, we don’t the steel was of less quality, the welds you build 100 percent American made? have any other way to get across the weren’t good, and the inspectors were Well, this little German company river, so take your chances. After all, Chinese and overlooked some of the called Siemens, one of the biggest industrial companies in the entire world, it is American infrastructure. problems. There was a lot of discussion in the Let me give you another example said: How many billions involved here? last presidential campaign about infra- here. This is really embarrassing. For Lots of zeros, lots of billions. Seventy structure, a lot of hooting and shout- my California colleagues, please for- locomotives, 100 percent American ing, and maybe in the months ahead give me, but these are facts; and for all made. We are a German company, 100 some progress. Last year this Congress, of us, pay attention. What happens percent. How many billions was that? I together with the Senate and with when you build into a project, a buy will tell you what. We will do it. And Siemens did it. President Obama’s signature, passed a America provision? What happens is 5-year surface transportation bill. American jobs and things are done well b 1845 Good. Very good. However, there’s not and things are done on time. The New In the United States, they built that even enough money in it to maintain York Tappan Zee bridge made with locomotive and about 60 some others in our bridges so that they don’t fall United States-produced steel, about a Sacramento, California, where there down. So we need to get on with re- $3.9 billion total cost, and 7,728 direct was no locomotive manufacturing building America. American jobs as a result of that steel plant until the American Recovery and I could probably quote the words of being American steel. On time, on Reinvestment Act became law and bil- the President-elect or the Democratic budget, and made in America. lions of dollars became available. That nominee who didn’t successfully win So here is the deal, folks. If, Mr. German company went to Sacramento, that election, but they would all come President-elect, you want an infra- California, just outside my district down to the same thing: we need to structure program, if you want to where I spent more than 40 years rep- build our infrastructure. And indeed we bring manufacturing back to America, resenting the area, and said: We can do do. In doing so, we are going to put then you better pay attention to this, it. And they did it. And now they have people to work, lots of people to work which is Make It In America. Use our contracts across this Nation to build in if we do it right. tax dollars, your tax dollars, the Amer- America not just locomotives like this Here is how you multiply the effect ican tax dollars on American-made but also railcars, light railcars, transit of infrastructure construction on the goods and services, not on something systems, and the like. employment. There is no doubt, for from some other place. This doesn’t We can make it in America, and your every dollar we spend on infrastruc- violate trade agreements; and if it tax dollars can actually be used to em- ture, we will grow the economy by a does, those trade agreements ought to ploy people in America and to build little more than $2, and we will put be changed. This is about rebuilding manufacturing systems in the United several tens of thousands of people to the American manufacturing sector. States if—and here is the key—in the work if we spend a billion dollars or Let me give you another example. months ahead, this Congress, working more. We know those statistics; they Yes, one of my favorites. Another ex- with the next President, actually de- are out there, and they are true. But if ample, beyond the bridge, the Tappan cides that they are going to put into you really, really want to grow this Zee bridge, which is a very good exam- public policy that your tax dollars are economy, and you want to bring manu- ple, and a very bad example, the Bay going to be spent on American-made facturing back to the United States, bridge, San Francisco Oakland Bay equipment. then you ought to pay attention to bridge. For those of you who don’t Now, in that bill I talked about a lit- what we have been working on here for know what a locomotive looks like, tle while ago, the FAST Act, which is

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.045 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6217 a 5-year transportation bill, I and a few Mr. Speaker, I have talked about this viously honoring the recognition of the of my colleagues were successful in in- issue for the last 7 years, and I have Bible and say that so many of us not creasing by a little, teeny, tiny bit the talked about this issue for about the only find comfort in that wonderful American content on buses and light last 17 minutes. I yield to the gentle- book but we also use it for counsel. rail systems—not to 100 percent which woman from Texas (Ms. JACKSON LEE), As I begin, I hope that those who is what I wanted, but from 60 to 70 per- an incredible spokesperson for what is may be listening will, in fact, see in my cent. And that will be several thousand right in America and what is wrong. words the kind of temperament and jobs over time across the United Ms. JACKSON LEE. I thank my good tone that, as I said, even if we have dis- States. But we should be bold. friend from California, and I want to agreement, we will certainly not be If, as the President-elect says, he offer a consistent appreciation for an disagreeable. And I cite for my friends wants to rebuild American manufac- effective articulate presentation on a and for this body Psalm 16:7–11, but I turing, make America great again— message that not only the American only read chapter 16 and verse 7 at this which of us doesn’t want that to hap- people are eager to hear, but I would point. pen—we all do—then I would suggest, imagine as we have the waning hours— ‘‘I bless the Lord who gives me coun- Mr. President-elect and my Republican I don’t like to call anything lame sel; in the night also my heart in- colleagues and my Democratic col- duck—that we can rush to craft the structs me.’’ leagues, that we build into any infra- kind of fair and just response, overdue Verse 8: structure bill two very, very important response to the infrastructure rebuild ‘‘I have set the Lord always before things. The first is that American tax- that takes into consideration Amer- me; because he is at my right hand, I shall not be shaken.’’ payer dollars will be 100 percent spent ican-made products, takes into consid- That is, I think, a wonderful testi- on American-made equipment, whether eration and includes no diminishing of hourly wages for our hardworking mony for this Nation. It is a testimony that is the steel for the wheels of the for the structure of government. It is a Amtrak trains, the structures for the union members, and, of course, begins to move across America and fix the ail- testimony for this Congress as we pro- bridges, or the concrete, whatever. ceed. It is a testimony for the men and American-made. Your tax dollars spent ing bridges, dams, highway, freeways, bridges, tunnels, and airports. women who are in faraway places who on America. are wearing the uniform. It certainly is So what are we going to do here? The Being on the Homeland Security a testimony, I believe, for many who second thing. I shouldn’t forget this. Committee, I definitely want to include that, particularly as I travel find themselves suffering at this mo- There are those that would use this in- ment in a variety of ways. frastructure legislation to further di- around the Nation and I see the hardworking people at airports, but also I do want to acknowledge and offer minish the power of the American my deepest sympathy to the family of worker to stand together united and the infrastructure challenges. Mr. GARAMENDI. Mr. Speaker, I Gwen Ifill, someone who I have come to participate in achieving a fair wage. yield back the balance of my time. know over the years as one of Amer- We must not allow this effort to re- ica’s award-winning journalists. f build the American infrastructure to Gwen Ifill was, in fact, a journalist be an excuse for eliminating the unions EVENTS OF LAST WEEK that perceived her work as a profes- in the United States. We have seen The SPEAKER pro tempore. Under sion, as a calling, and I am so sad to enough of that. We have seen the effect the Speaker’s announced policy of Jan- hear of her untimely death. She had a of that. The diminution of the wages uary 6, 2015, the gentlewoman from storied career, including being the first for the working men and women is di- Texas (Ms. JACKSON LEE) is recognized African American female to moderate rectly parallel to the diminution of the for the remainder of the hour as the a Vice Presidential debate in 2004, and labor movement in California and the designee of the Minority Leader. handling it some 4 years later. She United States. Ms. JACKSON LEE. Mr. Speaker, my brilliantly moderated the 2008 Vice So, let’s pay attention here. Men and words still count for the presentation Presidential debate between Vice women joining together, arguing and that the gentleman from California President JOE BIDEN and Alaska Gov- debating and standing for their rights made, and count me as one of those ernor Sarah Palin, her steadiness as a and their wages and their working con- that will continue to join him in that. host on the PBS NewsHour, and the ditions is a time-honored and essential Mr. Speaker, might I take a moment wonderful family from which she has condition of the United States middle to do a number of things as I engage in come. class and the working men and women, a conversation on the floor with my I want to acknowledge her wonderful wherever they happen to be across this colleagues and acknowledge the impor- sister, who heads the NAACP Legal De- Nation. tance of the work of this body. And fense Fund, and all of her family mem- As we go about this process of build- also, I want to speak to the last week’s bers to say that we celebrate her life, ing America, of reinvigorating the occurrences. but we also mourn her passing. manufacturing sector of the United We, as Members of Congress, may I wanted this evening to manage to States and making it in America once have disagreements on the actions of combine the things that we need to get again, let us remember that there are last week, one of the most important done—as I said, the actions of last key points that must be paid attention acts that the American people engage week—and I want to combine it with to. in, so I certainly want to applaud the the First Amendment and the Bill of There is a term that was used in the American people for the peaceful trans- Rights that we all have. California fields by our friends from fer of power. That power is not com- I want to make it very clear that the Mexico, and the term was, Si se puede; pletely transferred. Everyone knows First Amendment gives us the freedom or, Yes, we can. We can make it in that it is the inauguration on January of speech or of the press or the right America. We can rebuild the American 20, 2017, in which we will have the op- for the people peaceably to assemble. manufacturing sector. We can portunity to, in actuality, transfer So I take issue with statements that strengthen American families finan- power from President Obama to the have been made by the recent elected cially and otherwise by doing these next President of the United States person who sought the Presidency from things, but only if we use your tax- that has been voted on by the people of New York who indicated in some early payer dollars here in America and this country. comments that he viewed the pro- strengthen the buy-America provisions In the course of my discussion, I will testers as being paid and, I guess, in- and no further diminution in the Amer- raise a number of concerns that I think cited by the media or caused to be pro- ican labor movement. Yes, we can. are important for us to listen to. testing by the media. I take as a very Now, let’s keep this in mind. It ought Again, these may be issues that draw a sacred document that we are blessed to to be our motto. It ought to be the little bit of provocativeness, if you have as the Constitution. words by which we set our compass: to will, but I hope to be thoughtful in my I watched as throngs of young people make it in America, use your tax dol- words. walked past the United States Capitol lars, buy American products, and I do want to acknowledge the works just a few hours ago. I think it is im- strengthen the American family. or the words of my colleagues pre- portant for the American people and

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.047 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6218 CONGRESSIONAL RECORD — HOUSE November 15, 2016 my colleagues to know what a beau- DACA, who have been given work per- of aspects of some of the concerns that tiful sight of young, peaceful Ameri- mits and delays from deportation, who have been raised in the battle, in the cans who were frustrated and hurt by are scholars, who are in college, who contest, and those have not evidenced what they perceive as an exclusionary are young high school students. Be- any basis for moving forward. election that did not include them. cause the system of legal immigration That being said, in an inquiry for ‘‘60 So, I do want to put on the record that has been presented to this Con- Minutes,’’ regarding Mrs. Clinton, kind that this will be a constitutional dis- gress any number of times has not been words were said, of course, and I agree cussion as we weave in and out of the debated or passed, we have not done with them, that she proceeded in the challenges that I see that we will be our job; so we have not passed a system appropriate manner to protect the having and, in essence, speak to some in which those who are unstatused peaceful transfer of government. She of the concerns that these protesters could legally pay fines, stand in line, reached out to the American people to would have. and do the appropriate thing that I ask them to work with this new gov- Let me first say that, with respect to think Americans would care for them ernment. She spoke about our values military force, in a Washington Post to do. and that we should continue to main- article by Bob Woodward, it says: What we have is a system that is bro- tain our values. I thank her for that. ‘‘The president can select nuclear ken, and so, in his wisdom, the Presi- And, of course, she appropriately called strike packages against three cat- dent of the United States worked to and conceded, and that action was egories—military targets, war-sup- step in the gap where there was no law called lovely. porting or economic targets and leader- as it relates to these young people, But when the question was posed ship targets.’’ and, of course, the Congress did not about appointing a special prosecutor, It means, in the hands of any Com- act. No answer from that in the ‘‘60 rather than performing or speaking in mander in Chief, President, they will Minutes’’ interview. a Presidential manner, that wasn’t the have that power. There is a question, or a point, that case. The response was that this action b 1900 individuals that have criminal would not be ruled out, and some words Under practice, as the Commander in records—gang members, drug dealers, that were attempting to comfort were Chief, the President can employ U.S. probably about 2 million people, alleg- said: ‘‘They are good people. I don’t military forces as he or she sees fit; edly—would be deported, without any want to hurt them.’’ and that means that the concern that suggestion of how you would pay for it. Where is the responsible response, many are expressing, these young peo- I think deportation is about $10,000 per which is: The election is over. I thank ple, what kind of Commander in Chief, person. Mrs. Clinton for her service to the Na- as evidenced by words said during this Also, criminal record is a relative tion, and we look forward to healing very extended Presidential campaign of question. Is that a misdemeanor? Is this Nation and working together? ‘‘I like war,’’ or the idea that there that a ticket? Is that a young person That did not occur. would be, I guess, an extensive use of that is a gang member that could be re- So let me say, let us not discount the war powers or the powers that an indi- habilitated and then, of course, have pain that my constituents and many vidual President can use, this raises some way to access citizenship in some others are feeling because there have concern for a lot of people. appropriate manner? been no words that are conciliatory; Let me, as well, indicate that, when Let this be very clear. None of us and certainly, there are no words that you begin to think about the struc- want to coddle or to protect anyone would seem to respect the loyal opposi- tures of government, you have a head- that will do us harm here in the United tion, the opponent, only the words that line from the Associated Press that the States. That is not in any way the would seem to provoke those who children of this candidate could run a stance that I take. But I do ask the worked so hard on behalf of the other blind trust, and so that is certainly of question: Is there any thought to these candidate. The newspapers are rampant concern. policies? And these policies have now with these examples of what kind of When Mr. Giuliani indicated that Mr. caused great fear, intimidation, which administration will we have. Trump should set up some kind of blind generates thousands of young people So how did we get here? We got here trust, when pressed, Mr. Giuliani told and others across America taking to because of the structure of the elec- CNN’s ‘‘State of the Union’’ that the peaceful protests because they are toral college, which was in place as we Trump’s unusual situation might call confused—and the confusion is con- began this Nation. And of course it is for more flexibility; and that is some- tinuing to grow. established in Article II, section 1 of thing we have never seen before, where In addition, it was said often that the U.S. Constitution. there is at least some mixture of gov- this is a powerful country with a won- The Constitution gives each State a ernment and the using of a business derful democracy. That democracy number of electors equal to the com- structure and more flexibility. And means that, in the battle of campaigns, bined total of its Senate membership, then a new announcement that these much is said. Once campaigns are over, two for each State, the House of Rep- individuals that would be involved in then we move on to respect the oppo- resentatives delegation currently rang- the blind trusts, or running the busi- nent, the loyal opposition, and we ing from 1 to 52. Under the 23rd Amend- ness, now would be called upon to—or move on to ensure that we do not have ment of the Constitution, the District are being sought, if you will, to have a a punitive and—how should I say?—un- of Columbia is allocated three electors. top secret clearance, which means that fair treatment of the individual that So the electoral college consists of 538 the interests of business could be lost. electors; 535 electors from the several mixed with the security interests of We have repeated over and over States and 3 from the District of Co- the American people. again, Mrs. Clinton, who I think was an lumbia. None of those individuals I find that quite puzzling. And as a excellent candidate for the Presi- should stand in place of the popular member of—concerned about homeland dency—as evidenced by the fact that, vote, but that is the concept that we security on a number of my commit- right now, the numbers are mounting. used in that earlier point. tees, I find that of great concern. This She has actually received more than 1 On November 6, 2012, Mr. Trump is what happens when there are elec- million votes over the individual that tweeted that the electoral college is a tions, maybe, with less information will take up the helm by inauguration disaster for democracy. I think many than we should have had. in January of 2017. So the popular vote, of us in America totally agree. So I think it is important to note more Americans voted for Mrs. Clinton Most States require that all electoral that protesters are rightly concerned. than the person who will be inaugu- votes go to the candidate that received Certainly, there is additional informa- rated. That is a very hard pill to swal- the plurality in that State; and so, in tion in a recent ‘‘60 Minutes’’ interview low, and I will speak about the elec- some sense, it is connected to that where the question came up about de- toral college. State and has some basis to it. porting undocumented individuals. With that in mind, we also know that It was amended in the 12th Amend- Certainly, amongst undocumented there have been many hearings in this ment—I think that was in 1804—which individuals are young people called Congress that have looked at a number provides what happens if the electoral

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.048 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6219 college fails to elect a President or I believe there is a national popular my own hometown and was told, ‘‘Wet- Vice President. Here lies the very crux vote, which I will find in just a mo- back in a suit, go home.’’ of the reason why a popular vote ment, that has already worked with 13 ‘‘Death to diversity’’ was written on should now be the standard. States to devise another approach, or a banner displayed on our library—this Let me say also that I could not read which is the popular vote, and to make happened, I think, in Colorado—for the minds of our Founding Fathers. sure that the bar that we have that people to see, as well as written on They managed to put in a system of de- deals with the electoral college and posters across the campus, as well as mocracy that has now lasted for a bars the count of the popular vote to White males going up to women saying very, very, very long period of time. the extent that one person, one vote, I unfortunate things about grabbing un- They are to be commended. This was think, has to be reviewed. There has to fortunate things. through the Constitutional Convention be a congressional review of this. There This is from Austin, Texas: Harass- that met in Philadelphia in 1787. This is too much at stake and too much em- ment, today a young Latino man in his was an important acknowledgment, phasis on the right to a vote that we 20s and a coworker of mine were walk- and there were a variety of processes cannot let Americans vote for their ing into work as a truck slowed down upon which they suggested there be a President. and two White men threw a bag of gar- Presidential selection. And I say that some of the discus- bage onto him and yelled, ‘‘You are A committee formed to work out var- sions around the idea of the electoral going back to where you came from.’’ ious details, including the mode of college were that maybe the voters There are, obviously, many such in- election of the President, rec- were not informed enough, maybe they stances. When asked about this, to his ommended that the election be decided were not at a level of education that credit, Mr. Trump said to stop it. That by a group of people apportioned we should entrust to them the idea of is not going to be enough. That will not answer the thousands upon thou- among the States. I would offer to say the situation dealing with the popular sands of those who are protesting and that that did not go forward. There vote. So I think the issue is that we the thousands upon thousands of those were fears of intrigue if the President need to make sure that the one vote, who are looking for leadership to be was chosen by a small group of men. one person counts. We talk about it all able to suggest that we are, in fact, a At the time, as you are well aware, the time, and we don’t seem to act on slaves were not counted as a full per- nation that represents all people. it. Let’s hold hearings. That is impor- Now, it is the prerogative of the person, and slaves were in the United tant. son who got elected and who will be States. Women were not allowed to Let me quickly go to the aftermath honored to serve as the President of vote, and there were other prohibitions of these elections that has really dis- the United States, it will be their privi- against voting. Concerns for the inde- turbed many of us. The Southern Pov- lege to select persons that will lead. We pendence of the President if he was erty Law Center reports more than 201 do know that there is discussion about elected by the Congress was also part incidents of election-related harass- an individual for the Secretary of of the mix in terms of how you would ment and intimidation across the coun- State, and I choose to cite this as an discern and vote, and the electoral col- try as of November 11, 5 p.m. They individual who is now possibly being lege was being developed. range from anti-Black to antiwoman, looked at for the many conflicts of in- In Federalist Paper No. 39, James to anti-LGBT incidents. terest that they will have. Madison explained the Constitution People are hurting. There were many This is the highest office in the land. was designed to be a mixture of State- examples of vandalism and epithets di- There must be a responsible ordering of based and population-based govern- rected at individuals. Oftentimes, the those who are actually able to do the ment. Alexander Hamilton defended types of harassment overlapped, and job. It is important to reward your the electoral college on the grounds many incidents, though not all, in- friends. But these are important gov- that the electors were chosen directly volved direct references to the Trump ernmental positions that will either be by the people. campaign. the face—the Secretary of State—of All of that, trying to get it right, I b 1915 the United States internationally or think, speaks volumes—volumes—to the Attorney General who will be the Let me give you some examples. This the idea of moving forward beyond this chief law enforcement officer or in the is an example from the Southern Pov- idea of the electoral college and to White House staff will likewise be the begin to look at other options; and so erty Law Center: My 12-year-old daugh- face of the President of the United I am going to be asking our commit- ter is an African American. A boy ap- States. tees—in particular, the Judiciary Com- proached her and said, ‘‘Now that In the last week, an individual has mittee—to hold hearings on the elec- Trump is President, I am going to now been selected who was in the cam- toral college. shoot you and all the Blacks I can paign as the chief strategist—that is I think it is extremely appropriate find.’’ We reported it to the school, who the face of the White House—that has for the American people to be able to followed up with my daughter and the given a signal to White supremacists understand the crux of how this works boy appropriately. that they will be represented at the but, more importantly, how this im- Another at this time in the college highest levels. It is clearly documented pacts the leadership of this country. setting: The day after the presidential of the kinds of actions that this indi- Five times a candidate has won the election, my friend, a Black female vidual has been engaged in. The ex-wife popular vote but not the electoral col- freshman in a Boston-area college indicated in a court document that he lege: Andrew Jackson in 1824, Samuel heard a White female student say, didn’t want the girls going to school Tilden in 1876—we remember that com- ‘‘This is their punishment for 8 years of with Jews. He said that he doesn’t like promise—Grover Cleveland in 1888, Al Black people.’’ When she turned around Jews. Gore in 2000, and, certainly, Hillary to see who said it, the White student Heading up a periodical that deals Clinton in 2016. I would suggest that laughed at her. with the alt-right movement which has this is an appropriate time to review In Louisiana, a woman was harassed been known to deal with skinheads and this. by White men in a passing car, which various issues that are just completely We tried to do an electoral college re- was a frequently reported venue of har- untoward in a country that is 21st cen- view from 1969 to 1971. H.J. Res. 681 assment since election day: I was tury and that is so diverse. proposed the direct election of a Presi- standing at a red light waiting to cross So I believe that having joined my dent and Vice President, requiring a the street. A black truck with three colleagues and asked for reconsider- runoff when no candidate received White men pulled up to the red light. ation, you have the right to choose more than 40 percent of the vote. The One of them yelled something inappro- your cabinet. You have the right to resolution did pass the House in 1969 priate. The other two began to laugh. choose your various aids that you will but failed to pass the Senate. One began to chant ‘‘Trump’’ as they have. But I don’t believe in this Nation So, I think it is important that we drove away. that you have the right to deal with look at this in a manner that can be re- I have an employee who happens to this question of these issues where peo- viewed, and there are ways of doing so. be Hispanic who was coming to work in ple feel divided.

VerDate Sep 11 2014 03:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K15NO7.050 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6220 CONGRESSIONAL RECORD — HOUSE November 15, 2016 There is a picture here. We know portant for the American people to So I am very grateful to live in a na- that there is the burning of a church. know whether they agree or disagree. tion that cherishes the Constitution This is the Hopewell Missionary Bap- My colleagues, there lies another op- and cherishes our Bill of Rights. I beg tist Church in Greenville, Mississippi, portunity for an investigation because that we appreciate those who have that has written on the outside of the there is no more storied an agency in sought to protest, and we appreciate sacred place. I began my message or law enforcement than the FBI. I have those who have voted because it is a my statement on the floor with a word the greatest respect—I have worked process of democracy. I will accept from Psalms. And here is written, with them as a young lawyer, as a that. But I will also say that the voices ‘‘Vote Trump.’’ staffer in this body. I have been on a of those who are being raised should be Now, we know that there are people committee that has worked with the heard, and we as factfinders should do that may want to provoke or not pro- FBI. our job. voke, but what I think is important is What was that committee? Mr. Speaker, I yield back the balance that one candidate got more of the pop- I served on the committee as a staff- of my time. ular vote. We need to review the elec- er to investigate the assassinations of toral college. Out of this election has Dr. Martin Luther King and John F. f come great concerns from the words Kennedy when we opened it again LEAVE OF ABSENCE that have been offered during the cam- where Chairman Gonzalez and Chair- paign that cannot be pulled back. The man Stokes served as chairpersons of By unanimous consent, leave of ab- words that cannot be pulled back now that committee. We worked with then- sence was granted to: have generated not only actions by in- FBI agents who were willing to provide Mr. LEWIS (at the request of Ms. dividuals not in the government, chil- information on how things happened PELOSI) for today and November 16. dren being maligned and attacked, in- during that timeframe. We have always f dividuals being attacked on the street, looked to them to investigate and to be people feel frightened. Churches are the armor of investigation to find the ADJOURNMENT being burned, which we passed a law truth. But no protocol ever suggested Ms. JACKSON LEE. Mr. Speaker, I some years back that it is a Federal that any announcement about an un- move that the House do now adjourn. crime to burn a church. Then to have knowing situation, unrelated to any- The motion was agreed to; accord- an individual who has been associated thing, could be announced and bla- ingly (at 7 o’clock and 28 minutes with the kind of propaganda that, in tantly interfere in a Presidential elec- p.m.), under its previous order, the essence, is discriminatory against so tion. House adjourned until tomorrow, many of us as women, African Ameri- We must find out why that deter- Wednesday, November 16, 2016, at 10 cans, Hispanics, and certainly people mination was made and what leaks a.m. for morning-hour debate. who have differences. Certainly we were forthcoming. Many have written have seen potential of the KKK march- to determine if that is the case. So I f am looking forward to a thorough in- ing in North Carolina, been denounced NOTICE OF ADOPTED vestigation in the altering of the cam- by the Republican and Democratic RULEMAKING State party chair in North Carolina; paign landscape that occurred histori- and we thank them for that. cally on October 28, 2016, and it did U.S. CONGRESS, So what does that mean for all of us? have a damaging and drastic impact OFFICE OF COMPLIANCE, We have work to do. We have work to statistically in a 1-to-2-point measure. Washington, DC, November 15, 2016. Hon. PAUL D. RYAN, do. As Justice Learned Hand observed, That was an impact that was not the Speaker of the House of Representatives, if we are to keep our democracy, there making of the American people. It was Washington, DC. must be one command: Thou shalt not not something that was life or death. DEAR MR. SPEAKER: Section 303 of the Con- ration justice. Factually, the ultimate determina- gressional Accountability Act of 1995 (CAA), We have criminal justice reform to tion is that the announcement was ir- 2 U.S.C. 1383, requires that, with regard to deal with. We have to address the indi- relevant. It had nothing to do with or the amendment of the rules governing the viduals that have been incarcerated un- did not generate any new information procedures of the Office, the Executive Di- fairly. We must give them a second on the particular incident that was rector ‘‘shall, subject to the approval of the being addressed at that time. Board [of Directors], adopt rules governing chance. This is not myself speaking, the procedures of the Office . . . .’’ and this is religious groups speaking. This So I came to the floor today because ‘‘[u]pon adopting rules . . . shall transmit is Republicans and Democrats speaking I believe that we should not let things notice of such action together with a copy of about the importance of criminal jus- last and fester, and we in the Congress such rules to the Speaker of the House of tice reform. We have not heard any dis- can be factfinders in an evenhanded Representatives and the President pro tem- cussion on that, but we do know that and unbiased way. Our Judiciary Com- pore of the Senate for publication in the there has been over 200 hateful acts in mittee set up a task force dealing with Congressional Record on the first day of the election aftermath. That is a prob- overregulation. We have done it on which both Houses are in session following antitrust and we have done it on crimi- such transmittal.’’ lem. Having published a general notice of pro- We also know that the electoral col- nal justice. Right now, the Constitu- posed rulemaking in the Congressional lege has now, again, selected an indi- tion is being challenged, and aspects of Record on September 9, 2014, provided a com- vidual that did not get the most votes the Constitution, the electoral college, ment period of at least 30 days after publica- from the American people. is being challenged. tion of such notice, and obtained the ap- So I would offer to say that, among The interference of a democratic proval of the Board of Directors for the adop- the work that we have to do working to process of the election occurred no tion of these rules as required by Section rebuild America and put America first, matter what good intentions were be- 303(a) and (b) of the CAA, 2 U.S.C. 1383(a) and I certainly join in that. We have some hind it. So the American people de- (b), I am transmitting the attached Amend- serve many a factfinding situation— ments to the Procedural Rules of the Office healing to do, and we should be doing of Compliance to the Speaker of the United this in a corrective manner. We should not in any way a targeting, not in any States House of Representatives for publica- be doing our job and looking at some of way a finger pointing, but a pure fact- tion in the House section of the Congres- the constitutional fractures that oc- finding. This has to be corrected. Those sional Record on the first day on which both curred. who are charged with the responsi- Houses are in session following the receipt of Let me close on one last point that I bility of serving this Nation must do it this transmittal. In accordance with Section want to make sure that, as I speak, I in the context in which they do it. In- 303(b) of the CAA, these amendments to the offer a great respect for the individuals vestigations go on until you find the Procedural Rules shall be considered issued who have offered to serve in this gov- resolve of that investigation and the by the Executive Director and in effect as of the date on which they are published in the ernment. But I would be remiss if I did prosecutor, the Attorney General, Congressional Record. not cite a shocking episode that oc- makes the announcement that they Any inquiries regarding this notice should curred on October 28, 2016, in the midst will proceed to prosecute or they may be addressed to Barbara J. Sapin, Executive of the Presidential election. It is im- not proceed to prosecute. Director of the Office of Compliance, Room

VerDate Sep 11 2014 08:37 Nov 17, 2016 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD16\NOV2016\H15NO6.REC H15NO6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6221 LA–200, 110 2nd Street, S.E., Washington, DC for the Federal Circuit. The rules also con- ensure that all filings that under ordinary 20540. tain other matters of general applicability to circumstances would be timely would not be Sincerely, the dispute resolution process and to the op- deemed untimely because of any delay in BARBARA J. SAPIN, eration of the Office of Compliance. mail delivery on the Hill. This includes the Executive Director, The Office’s response and discussion of the filing of a request for mediation, which will Office of Compliance. comments is presented below: be deemed received in the Office as the date FROM THE EXECUTIVE DIRECTOR OF Discussion of postmark. In using the postmark as the date of filing for all mailed documents, the THE OFFICE OF COMPLIANCE SUBPART A—GENERAL PROVISIONS OF Office sees no advantage gained in one meth- NOTICE OF ADOPTED RULEMAKING (‘‘NARM’’), THE RULES od of filing over the other, but rather views ADOPTED AMENDMENTS TO THE RULES There were a number of comments sub- this as a way of curtailing any disadvantage OF PROCEDURE, NOTICE OF ADOPTED mitted in reference to the proposed amend- to those who use mail for filing at a time RULEMAKING, AS REQUIRED BY 2 ments made to Subpart A, General Provi- when there are often significant delays in U.S.C. § 1383, THE CONGRESSIONAL AC- sions of the Rules. With respect to the mail delivery to offices on the Hill. COUNTABILITY ACT OF 1995, AS amendments to the Filing and Computation In sections 1.03(a)(3) and (4) of the Proposed AMENDED (‘‘CAA’’). of Time under section 1.03(a), one commenter Rules, the Office changed the filing deadline noted that the provisions allowing the for fax and electronic submissions from 5:00 INTRODUCTORY STATEMENT Board, Hearing Officer, Executive Director pm Eastern Time on the last day of the ap- On September 9, 2014, a Notice of Proposed and General Counsel to determine the meth- plicable filing period to 11:59 pm Eastern Amendments to the Procedural Rules of the od by which documents may be filed in a par- Time on the last day of the applicable filing Office of Compliance (‘‘Office’’ or ‘‘OOC’’), as ticular proceeding ‘‘in their discretion’’ are period. One commenter noted that while sub- amended in June 2004 (‘‘2004 Procedural overly broad. The commenter also requested missions under section 1.03(a)(3) require in Rules’’ or ‘‘2004 Rules’’) was published in the clarification on whether there would be dif- person hand delivery by 5:00 p.m., this dead- Congressional Record at S5437, and H7372. As ferent methods used for filing in the same line is inconsistent with the 11:59 p.m. dead- required under the Congressional Account- case, whether five (5) additional days would line required for faxed and electronically ability Act of 1995 (‘‘Act’’) at section 303(b) (2 be added regardless of the type of service, filed documents. The commenter stated that U.S.C. 1383(b)), a 30 day period for comments and whether the OOC would inform the op- the filing deadlines should be the same for from interested parties followed. In response posing party of the prescribed dates for a re- all types of delivery and receipt options. to the Notice of Proposed Rulemaking, the sponse. This is not an unusual situation. Often Office received a number of comments re- The Office does not find as overly broad there are different filing deadlines, depend- garding the proposed amendments. Specifi- the amendment allowing the Board, Hearing ing on the mode of delivery. However, to en- cally, the Office received comments from the Officer, Executive Director, and General sure consistency, the Office has changed the Committee on House Administration, the Of- Counsel the discretion to determine the language so that the same time will be used fice of the Senate Chief Counsel for Employ- method by which documents may be filed. for filing all documents coming into the Of- ment, the U.S. Capitol Police, the Architect The 2004 version of these Rules, as well as fice. Under Proposed Rule section 1.03(a)(4), of the Capitol, and the U.S. Capitol Police the CAA, confer the Office and independent Labor Committee. commenters noted that there was ambiguity Hearing Officers with wide discretion in con- regarding email time display and one com- The Executive Director and the Board of ducting hearings and other processes. The Directors of the Office of Compliance have menter proposed the addition of a new rule Office further finds that there is no need to requiring prompt acknowledgement of the reviewed all comments received regarding clarify whether different methods can be receipt of an emailed document to ensure the Notice, have made certain additional used in the same case, as long as whatever that it has been received by the parties. changes to the proposed amendments in re- method chosen is made clear to parties. Fi- In view of this comment, the Office added sponse thereto, and herewith issue the final nally, as the Rules are clear that five addi- language to the Adopted Rules, providing Amended Procedural Rules (Rules) as au- tional days will be added when documents that when the Office serves a document elec- thorized by section 303(b) of the Act, which are served by mail, the Office does not be- tronically, the service date and time will be states in part: ‘‘Rules shall be considered lieve that it is necessary to include a re- based on the document’s timestamp informa- issued by the Executive Director as of the quirement that the OOC inform parties of tion. No further change is necessary. Con- date on which they are published in the Con- the specific dates that are required for re- firmation of the transmittal of a document gressional Record.’’ See, 2 U.S.C. 1383(b). sponse. That information can be ascertained can be shown from the date and timestamp These Procedural Rules of the Office of from information on the method of filing. on the email, which is typically more reli- Compliance may be found on the Office’s web As the OOC has indicated that it intends to able than a recipient’s acknowledgment. site: www.compliance.gov. move toward electronic filing, one com- One commenter noted that under Proposed Supplementary Information: The Congres- menter voiced support for the Office’s deci- Rule section 1.03(c), there should be some sional Accountability Act of 1995 (CAA), PL sion to permit parties to file electronically. way of notifying parties when the Office is 104–1, was enacted into law on January 23, However, the commenter indicated that it ‘‘officially closed for business.’’ The Office 1995. The CAA applies the rights and protec- would be beneficial for the proposed Rules to determined that it is not necessary to in- tions of 13 federal labor and employment contain procedures for storing electronic clude in the Procedural Rules how the Office statutes to covered employees and employ- material in a manner that will protect con- will notify parties of closures. The Office ing offices within the Legislative Branch of fidentiality and ensure compliance with sec- generally follows the Office of Personnel Government. Section 301 of the CAA (2 tion 416 of the CAA. Management closure policy with respect to U.S.C. 1381) established the Office of Compli- The Office routinely handles all materials inclement weather and other official governance as an independent office within that in a secure and confidential manner, regard- ment closures. Further, information on the Branch. Section 303 (2 U.S.C. 1383) directed less of the format. Because the Office’s con- Office’s closures appears on the Office’s that the Executive Director, as the Chief Op- fidential document management is covered website at www.compliance.gov and is pro- erating Officer of the agency, adopt rules of in its own standard operating procedures, vided on the Office’s mainline at 202.724.9250. procedure governing the Office of Compli- there is no need to include those procedures In response to the proposed changes to the ance, subject to approval by the Board of Di- in these Rules. new section 1.06 (formerly section 1.04) in the rectors of the Office of Compliance. The Section 1.03(a)(2)(ii) of the Proposed Rules Proposed Rules, several commenters indi- rules of procedure generally establish the provided that documents other than requests cated that while records of Hearing Officers may be made public if required for the pur- process by which alleged violations of the for mediation that are mailed were deemed poses of judicial review under Section 407, laws made applicable to the Legislative to be filed on the date of their postmark. the Procedural Rules do not address cir- Branch under the CAA will be considered and However, mailed requests for mediation were cumstances where records are also necessary resolved. The rules include procedures for to be deemed filed on the date they were re- for purposes of civil action review under sec- counseling, mediation, and election between ceived in the Office. (1.03(a)(2)(i)) This was a tion 408 for res judicata purposes. filing an administrative complaint with the proposed change to the Rules that had estab- After review of these comments, the Office Office of Compliance or filing a civil action lished the date of filing for requests for me- believes that this concern is adequately ad- in U.S. District Court. The rules also include diation and complaints as the date when they dressed in the Adopted Rules. Section 1.08(d), the procedures for processing Occupational were received in the Office. One commenter includes a broader statement concerning the Safety and Health investigations and en- asserted that in changing the date of filing appropriate use of records in other pro- forcement, as well as the process for the con- for complaints served by mail from the date ceedings, and allows the submission of a duct of administrative hearings held as the received in the Office to the date of the post- Hearing Officer’s decision in another pro- result of the filing of an administrative com- mark, the rules gave a covered employee an ceeding, as long as the requirements in sec- plaint under all of the statutes applied by additional five days to file an OOC com- tion 1.08(d) are met. Nothing in these Rules the Act, for appeals of a decision by a Hear- plaint. Upon review of all comments, the Of- prohibits a party or its representative from ing Officer to the Board of Directors of the fice has determined that, because mail deliv- disclosing information obtained in confiden- Office of Compliance, and for the filing of an ery on the Capitol campus is irregular due to tial proceedings when it is reasonably nec- appeal of a decision by the Board of Direc- security measures, it is best to use the date essary to investigate claims, ensure compli- tors to the United States Court of Appeals of postmark as the date of filing. This will ance with the Act or prepare a prosecution

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6222 CONGRESSIONAL RECORD — HOUSE November 15, 2016 or defense. While section 1.08(d) does allow ployee never initiates a section 405 pro- can initiate a breach of confidentiality claim for the submission of Hearing Officer deci- ceeding, but instead drops the matter or ini- that can be enforced. The Procedural Rules, sions under the appropriate circumstances, tiates a section 408 proceeding, the Proposed however, do provide that within the context it also serves to preserve the confidentiality Procedural Rules would allow the employee of a section 405 proceeding, an employing of- of these records. Thus, the party making the to publicize any statements made during me- fice may make a breach of confidentiality disclosure shall take all reasonably appro- diation, with no fear of sanction. The uncer- claim and the Hearing Officer is authorized priate steps to ensure that persons to whom tainty regarding confidentiality would result to order a number of sanctions if a breach is the information is disclosed maintain the in parties being less candid in mediation and, found. confidentiality of such information. thereby, undermine it as a dispute resolution Comments were also made that limiting With respect to the new section 1.07, Des- process. remedies for breaches of confidentiality to ignation of a Representative, a commenter Section 1.07 of the 2004 Procedural Rules, procedural and evidentiary sanctions was in- noted that the requirement that only one permitting the filing with the Executive Di- appropriate and, that the effect of that limi- person could be designated as a representa- rector of stand-alone complaints of violation tation was to make the penalty for breach of tive was problematic since there have been of the confidentiality provisions, has been confidentiality nonexistent for a complain- situations when more than one attorney deleted because the OOC Board held, as a ant who chooses not to file a complaint with would be needed to represent an employing matter of statutory interpretation of the the OOC because no procedural or evi- office or employee. The suggestion was made CAA, that it did not have the statutory au- dentiary sanctions would ever be applicable. that the limitations apply only to a party thority to independently resolve a breach of The commenter requested that the Rules for point of contact purposes. As the purpose confidentiality action brought under the clarify that monetary damages may be of limiting the number of designated rep- Procedural Rules, without the existence of awarded against both employing offices and resentatives was to eliminate any confusion an underlying complaint under section 405 of employees for a demonstrated breach of con- caused by having to serve more than one rep- the CAA. Taylor v. U.S. Senate Budget Comm. fidentiality. resentative per party, the Office has modi- No. 10–SN–31 (CFD), 2012 WL 588440 (OOC In the absence of any express authority, fied the language to indicate that only one Board Feb. 14, 2012); see Massa v. Katz & the Board has decided that ‘‘the Office and representative may be designated to receive Rickher, No. 10–HS–59 (CFD) (OOC Board May its Hearing Officers have the power to con- service. 8, 2012) (dismissing complaint alleging trol and supervise proceedings conducted There were several comments to section breach of confidentiality on subject-matter under Sections 402, 403, and 405 of the [CAA], 1.07(c) of the Proposed Regulations. The pro- jurisdiction grounds because the complain- and may rely on this power to impose appro- posals to section 1.07(c) provided that in the ant ‘‘never filed a complaint [under section priate sanctions for a breach of the [CAA’s] event of a revocation of a designation of rep- 405 of the CAA] against an employing office confidentiality requirements.’’ Taylor v. U.S. resentative, the Executive Director, OOC alleging violation of sections 201–207 of the Senate Budget Comm; Massa v. Katz & Rickher. General Counsel, Mediator, Hearing Officer CAA.’’). In other words, the Board’s author- The Board has further held that a breach of or OOC Board has the discretion to grant a ity to adjudicate a breach of confidentiality the CAA’s confidentiality provisions does party ‘‘additional time . . . to allow the is limited to employment rights proceedings not independently entitle an employee to party to designate a new representative as initiated by a complaint filed by a covered monetary damages absent a violation of one consistent with the Act.’’ The commenters employee against an employing office alleg- of the ‘‘money-mandating’’ statutes it ap- noted that the CAA is a waiver of sovereign ing violations of laws specifically incor- plies. Office of the Architect of the Capitol v. immunity that must be strictly construed porated by the CAA under 2 U.S.C. §§ 1311– Cienfuegos, No. 11–AC–138 (CV, RP), 2014 WL and that there is no discretion to extend 1317. Section 405 of the CAA, by its terms, 7139940, *n.1 (OOC Board Dec. 11, 2014). The statutory deadlines to give a party time to limits the filing of a complaint to a covered Board’s authority is therefore limited to de- designate a new representative, including employee who has completed mediation and ciding breaches of confidentiality during the time to request counseling under section 402, section 406 of the CAA limits Board review to pendency of a complaint filed pursuant to to request and complete mediation under any party aggrieved by the decision of a section 405 of the CAA, and the Adopted section 403, to file a complaint or initiate a Hearing Officer under section 405(g) of the Rules so provide. civil action under section 404, or to file an CAA. For this reason, the Board determined Further, as to the deletion of section appeal under section 406 of the CAA. Com- that section 1.07(e) of the Procedural Rules 1.07(d), covering contents or records of con- menters urged that the rule be modified to could only apply to those orders and deci- fidential proceedings, the comments noted clarify this point. sions regarding sanctions that were in a final that mediation does not bestow confiden- As the adopted language notes that addi- order issued under section 405(g). While the tiality to facts or evidence that exist outside of mediation and the language needs the sig- tional time may be granted only as consistent CAA and the procedural rules mandate that nificant qualification that currently exists with the CAA, it should be clear that in parties in counseling, mediation, and hearing in section 1.07(d) (‘‘. . . A participant is free granting any additional time to designate a maintain confidentiality, there is no statu- to disclose facts and other information ob- new representative, the Executive Director, tory provision within the CAA which ad- tained from any source outside of the con- OOC General Counsel, Mediator, Hearing Of- dresses the authority of a Hearing Officer or fidential proceedings . . .’’). The commenter ficer or OOC Board will ensure that statu- the Board to address independent breaches of recommended that the entire language of tory deadlines are observed. confidentiality. See 2 U.S.C. § 1416 Deletion of the section 1.07 of the 2004 Pro- Other commenters noted that under Tay- section 1.07(d) of the 2004 Procedural Rules be retained in the new Rules. cedural Rules, the breach of confidentiality lor, supra, the Board also appears to take the The Office agrees that including the cur- provision, generated the most comments. position that there is no provision in the rent section 1.07(d) in the Adopted Rules Commenters generally noted that the Pro- CAA authorizing an employing office to (now in the Adopted Rules as section 1.08(e)) posed Procedural Rules would eliminate the bring a breach of confidentiality claim would give appropriate guidance on the con- existing process for filing a complaint based against a complainant. See also, Eric J.J. tents and records of confidential pro- on violation of the confidentiality provisions Massa v. Debra S. Katz and Alexis H. Rickher, ceedings. of section 416 of the CAA. The effect of this Case No.: 10–HS–59 (CFD), (May 8, 2012) and There were multiple comments concerning proposed rule change would be that, if there Taylor. One commenter strongly disagreed the confidentiality provisions in section 1.08 was a confidentiality breach, a party could with this conclusion, noting that just as the of the Proposed Rules. One such comment obtain relief only pursuant to an ‘‘agree- confidentiality obligations of the CAA clear- noted that ‘‘communications between attor- ment’’ facilitated by the Mediator during the ly and unambiguously apply equally to em- neys and clients should never amount to a mediation period or through sanctions issued ploying offices and employees, so too should confidentiality breach absent a protective by a Hearing Officer during a section 405 pro- the ability to assert claims for breach of order’’; yet, with the deletion of the ‘‘Breach ceeding (see Proposed Procedural Rules sec- statutory confidentiality. The commenter of Confidentiality Provisions’’ section, there tions 2.04(k) and 7.12(b)). Commenters ex- asserts that a contrary reading of the statis no timeframe listed for when a party can pressed concern that under the Proposed ute, as appears to have been implicitly sug- claim a confidentiality breach. Commenters Rules, if an individual violated section 416 of gested in the above-referenced cases (deny- urged the OOC to reinstitute the previous re- the CAA at any other time in the process, no ing employing offices the ability to bring quirement. Because of the Board rulings lim- remedy would be available. Most com- claims for breach of confidentiality against iting the authority of the Board to review a menters felt that this was inconsistent with employees), is inconsistent with the purpose breach of confidentiality claim outside of a the confidentiality requirements of the CAA, and intent of the confidentiality provisions section 405 proceeding, there does not need and that the Procedural Rules should include of the CAA. to be a timeframe for a party to claim the a complaint procedure for resolving inde- Again, because under section 405 of the breach. The claim would have to occur dur- pendent violations of section 416. For exam- CAA, the filing of a complaint is limited to ing the section 405 proceeding itself. Because ple, one commenter noted that, under the a covered employee who has completed coun- circumstances would differ in each case, set- Proposed Procedural Rules, if parties agree seling and mediation (and the General Coun- ting a time frame for a breach of confiden- to a settlement during mediation, there is no sel in limited circumstances), and there is no tiality should be left up to the Hearing Offi- remedy available to the employing office if mechanism in the CAA for enforcement of cer and the OOC Board of Directors. the employee decides to publicize the terms confidentiality breaches outside of a section Commenters noted that section 1.08(c) was of the settlement or any statements made 405 proceeding, there is similarly no process also inconsistent because it prohibits disclo- during mediation. Similarly, if a covered em- in the CAA under which an employing office sure of a written or oral communication that

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6223 is prepared for the purpose of, or occurs dur- the Office will use that information to make confusing and not meant as a general waiver. ing, counseling. The most important docu- a determination that will be binding upon Accordingly, the waiver language has been ment that allows for the preparation of a de- the parties. Section 403(d) of the CAA is de- deleted in the Adopted Rules. fense to a claim is the formal request for signed to inspire confidence in and maintain One comment noted that section 1.08(f) of counseling. That written document is nec- the integrity of the mediation process by en- the Proposed Regulations would remove the essary to identify the claims that a Com- couraging the parties to be frank and forth- requirement that the OOC advise partici- plainant has properly exhausted under the coming, without fear that such information pants of their confidentiality obligations in CAA. Some commenters requested that the may later be used against them. See, e.g., 141 a timely fashion. Section 1.06(b) of the 2004 Office provide the employing office with the Cong. Rec. S629 (January 9, 1995). In essence, Procedural Rules requires the OOC to pro- request for counseling. if the parties know that the mediator will vide this notification ‘‘[a]t the time that any Counseling is to be strictly confidential, not be involved in investigating or deter- individual... becomes a participant,’’ and therefore, the request itself will not be pro- mining the validity of any of the allegations that language is not included in Proposed vided to other parties by the Office. As the being made, they may be more willing to Procedural Rule 1.08(f). Such early notice is Circuit Court for the District of Columbia work cooperatively with the Mediator during critical to ensuring that CAA-mandated con- noted in Blackmon-Malloy v. U.S. Capitol Po- the mediation. This is also the theory behind fidentiality is maintained and, thus, the ex- lice Bd., 575 F.3d 699, 713 (D.C. Cir. 2009), a key provision of the EEOC’s ADR Policy isting rule should be retained. ‘‘Congress’s inclusion of provisions requiring Statement: ‘‘In order to ensure confiden- The Office of Compliance Administrative and the Office to issue written notices of the end tiality, those who serve as neutrals for the Technical Corrections Act of 2015 (PL 114–6), of counseling and the end of mediation must Commission should be precluded from per- requires the Executive Director to notify be read in light of the provisions on con- forming any investigatory or enforcement each person participating in mediation and fidentiality. Those provisions, sections function related to charges with which they in the hearing and deliberations process of 1416(a) and (b), provide that counseling and may have been involved. The dispute resolu- the confidentiality requirement and of the mediation, respectively, shall be strictly tion process must be insulated from the in- sanctions applicable to any person who vio- confidential.’’ 2 U.S.C. § 1416(a) & (b). vestigative and compliance process.’’ EEOC, lates the confidentiality requirement. The Blackmon-Malloy v. U.S. Capitol Police Bd., 575 Notice No. 915.002 (7/17/95). Office has created notifications to be pro- F.3d 699, 711 (D.C. Cir. 2009). The court noted Because Mediators under the CAA are insu- vided to participants during all phases of the that, ‘‘nothing in the CAA suggests Congress lated from the investigative and compliance administrative process, including in medi- intended courts to engage in a mini-trial on process, there is no statutory or ethical bar ation and at hearings, and includes a state- the content of the counseling and mediation that would prevent them from consulting ment on its request for counseling form ad- sessions, an inquiry that would be fraught with the office if it would facilitate resolu- vising that ‘‘all counseling shall be strictly with problems. . . . Congress expressly lim- tion of the dispute. confidential.’’ Consistent with this and in ited the ability of the court to review the One comment also noted that the proposed agreement with the comment, section 1.08(f) substance of compliance with these proc- rule sections 1.08(b) and (c) may be read to of the Adopted Rules is modified to provide esses.’’ Blackmon-Malloy v. U.S. Capitol Police allow a ‘‘participant’’ to publicize the fact that, ‘‘[t]he Executive Director will advise Bd., 575 F.3d at 711. that a covered employee has requested and/ all participants in mediation and hearing at One commenter objected to section 1.08(d) or engaged in counseling and mediation, and the time they become participants of the of the Proposed Rules, noting that mediators the fact that an individual has filed an OOC confidentiality requirements of Section 416 should not be able to discuss substantive complaint. See also, 2.03(d), 2.04(b) and 5.01(h) of the Act and that sanctions may be im- matters from mediation with the Office. The (requiring the OOC—but not participants—to posed by the Hearing Officer for a violation commenter noted that to permit mediators keep confidential the ‘‘invocation of medi- of those requirements. No sanctions may be to consult with the OOC regarding the sub- ation’’ and ‘‘the fact that a complaint has imposed except for good cause and the par- stance of the mediation violates the prin- been filed with the [OOC] by a covered em- ticulars of which must be stated in the sanc- ciple that ‘‘[a]ll mediation shall be strictly ployee’’). The Commenter notes that these tion order.’’ confidential,’’ 2 U.S.C. § 1416(b), and is incon- disclosures would violate the strict confiden- SUBPART B—PRE-COMPLAINT PROCE- sistent with the OOC’s role as a neutral. Spe- tiality mandated by the CAA and that the DURES APPLICABLE TO CONSIDER- cifically, the commenter points out that as proposed rule should not be adopted. ATION OF ALLEGED VIOLATIONS OF the OOC appoints the Hearing Officer to han- It is the opinion of the Office that the PART A OF TITLE II OF THE CONGRES- dle the subsequent complaint, the Executive strict confidentiality mandated by the CAA SIONAL ACCOUNTABILITY ACT OF 1995 Director rules on a number of procedural applies to the discussions and content of con- In reviewing the change in the Proposed issues in any subsequent case, and in view of versations that go on in counseling, medi- Rules, the Office has decided to delete the the OOC’s adjudicative role in the complaint ation, and the hearing, rather than the fact reference in section 2.03 of the 2004 Rules to process, allowing the mediator to consult of filing of a request for counseling, invoca- an ‘‘official’’ form that should be used to file with the OOC regarding substantive issues tion of mediation, or a complaint. Indeed, a formal request for counseling and has re- related to the mediation may negatively im- section 1.08(e), added back into the Adopted placed it in the Adopted Rules with the fol- pact the OOC’s neutrality, and/or the percep- Rules, spells out that it is the information lowing language: ‘‘Individuals wishing to file tion of the parties that the OOC is neutral. actually obtained in the counseling, medi- a formal request for counseling may call the The Office agrees with the commenter that ation or hearing proceedings that is to be Office for a form to use for this purpose.’’ under the CAA, ‘‘[a]ll mediation shall be kept confidential, not necessarily the fact There were several comments to section strictly confidential.’’ CAA § 416(b). The con- that a hearing or mediation is being held. 2.03 of the Proposed Rules. One commenter fidentiality provision regarding mediation is Moreover, to ensure confidentiality and con- noted that the strict confidentiality provi- further clarified in section 2.04(j) of the Pro- sistent with the Office of Compliance Adminis- sion discussed in section 2.03(d) should refer cedural Rules, which provides that the ‘‘Of- trative and Technical Corrections Act of 2015 to the confidentiality provisions described in fice will maintain the independence of the (PL 114–6), all participants are advised of the sections 2.03(e)(l)–(2) and 1.08. In addition, mediation process and the mediator. No indi- confidentiality requirement under the CAA. the commenter maintained that the words vidual, who is appointed by the Executive In another comment, it was noted that the ‘‘should be used’’ should be deleted and re- Director to mediate, may conduct or aid in a waiver provision under section 1.08(e) of the placed with the word ‘‘shall’’ so that the hearing conducted under section 405 of the Proposed Rules was not clear and appeared counseling period only pertains to the enu- Act with respect to the same matter or shall to conflict with the statutory requirement of merated items. be subject to subpoena or any other compul- confidentiality under section 416 of the CAA. The Office has decided to leave the lan- sory process with respect to the same mat- Where there is a waiver of confidentiality, it guage as proposed (‘‘should be used’’) to pro- ter.’’ However, the CAA requires both coun- is unclear whether a waiver releases all re- vide the most flexibility to the Counselor seling and mediation, in part, to assist em- quirements for confidentiality including and employee depending on the cir- ployees and employing offices in reaching an making records public in proceedings, cumstances of each case. early resolution of their disputes. When a waiving the confidentiality requirements of There were comments that section neutral mediator believes that consulting proceedings before a Hearing Officer, and 2.03(e)(1) of the Proposed Rules was incon- with the Office on administrative, proce- waiving the sanctions requirement under sistent with the requirements in section dural, or even substantive matters will expe- section 1.08(f). It is important that any waiv- 1.08(d). The commenter noted that, for exam- dite and facilitate resolution of the dispute, er be clear as to why it would be permissible ple, section 2.03(e)(1) provides that ‘‘all coun- there is no reason for the mediator not to be despite the language in section 416 of the seling shall be kept strictly confidential and able to do that. In fact, the purposes of the CAA and how such a waiver affects docu- shall not be subject to discovery.’’ The com- counseling and mediation provisions are best ments, proceedings, and testimony. The commenter noted that it is not clear that the Of- served if the OOC encourages the mediator to menter further notes that the language of fice of Compliance Procedural Rules can con- do everything he or she can to expedite reso- the waiver does not make clear that all par- trol the release of discoverable information lution of the matter. ticipants must agree to waive confiden- in federal district court. Notwithstanding Furthermore, because Mediators are barred tiality and should therefore be deleted from that restriction, section 2.03(e)(1) is incon- from serving as Hearing Officers in the same the Rules. sistent with the exceptions provided in sec- case under CAA section 403(d), there is no The Office agrees that the waiver language tion 1.08(d) which permits disclosing infor- chance that a Mediator who consults with in section 1.08(e) of the Proposed Rules is too mation obtained in confidential proceedings

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6224 CONGRESSIONAL RECORD — HOUSE November 15, 2016 when reasonably necessary to investigate diation has been timely filed is up to the fact However, the Technical Amendments Act claims, ensure compliance with the Act or finder. In any event, a decision on an issue of modified section 404 of the CAA and estab- prepare its prosecution or defense. equitable tolling would still be up to the lished that the deadline to elect proceedings Additional comments noted that section Hearing Officer to decide. after the end of mediation was ‘not later 2.03(e)(1) of the Proposed Rule would permit In section 2.04(f)(2) of the Proposed Rules, than 90 days but not sooner than 30 days the OOC to publicize certain statistical in- language was added to the agreement to me- after the end of the period of mediation.’ (Em- formation regarding CAA proceedings, which diate that read that the Agreement to Medi- phasis added) As this changed the deadline is consistent with section 301(h)(3) of the ate would define what is to be kept confiden- from the receipt of the notice of end of medi- CAA, but the proposed rule would remove tial during mediation. Commenters noted ation to the end of the mediation period this language: ‘‘. . . so long as that statis- that everything in mediation is confidential itself, section 2.04(i) of the Adopted Rules tical information does not reveal the iden- and the statute does not permit the parties, was changed accordingly. Section 205(a), re- tity of the employees involved or of employ- the Mediator, or the OOC to redefine or limit garding election of proceedings, was also ing offices that are the subject of a request what aspects of the mediation are confiden- modified to reflect the changes made by for counseling.’’ To ensure compliance with tial and which are not. This addition in the Technical Amendments Act. section 416 of the CAA, the rule should speci- Proposed Rules was intended to create a con- SUBPART C—COMPLIANCE, INVESTIGA- fy that the OOC will not publicize this de- tractual agreement on confidential matters. TION, AND ENFORCEMENT UNDER tailed information in its statistical reports. There is no question that a person can waive SECTION 210 OF THE CAA (ADA PUBLIC The Office believes that the CAA’s con- confidentiality. But the default in this sec- SERVICES)—INSPECTIONS AND COM- fidentiality requirements found in section tion should be that matters are confidential PLAINTS unless there is a waiver, not the other way 416 of the CAA confer upon it the obligation In the NPRM published on September 9, around. Therefore, this language is being de- to safeguard the confidentiality of such in- 2014, the Executive Director proposed a new formation. It is for that reason, the language leted from the Adopted Rules. The Office received comments on section Subpart C of the Procedural Rules setting limiting the discovery of information dis- forth rules and procedures for the inspection, 2.04(g) related to the procedures by some cussed in counseling was added. To ensure investigation and complaint provisions con- oversight committees for approving settle- that its intention to protect the information tained in sections 210(d) and (f) of the CAA ments. Commenters requested that the pro- is understood, the Office has decided to keep relating to Public Services and Accommoda- posed change be modified to make it clear that language in the A Rules. Further, to tions under Titles II and III of the Americans that Members of the committees need not be preserve confidentiality of statistical infor- with Disabilities Act (ADA). On September 9, present for mediation, nor must they be mation released as part of the reporting 2014, the OOC Board also published a NPRM reachable by phone during the mediation. It under section 301(h)(3) of the CAA, language with substantive regulations implementing is understood that in some cases, an over- has been put back in, indicating that statis- Section 210 of the CAA, including sections sight committee has specific procedures for tical information will not reveal the identity 210(d) and (f). In response to the NPRMs, the of individual employees or employing offices approving settlements that might not fit ex- Executive Director received comments to that are the subject of specific requests for actly into the parameters established under both the proposed ADA procedural rules and counseling. section 2.04(g). Section 414 of the Act does the proposed substantive regulations that In addition, by way of clarification, the Of- provide for this. The Act states: ‘‘Nothing in were similar or substantially related. While fice has added a reference in section 2.03(e)(2) this chapter shall affect the power of the the ADA substantive regulations have been of the Adopted Rules to section 416(a) of the Senate and the House of Representatives, re- adopted by the Board of Directors, they have CAA indicating that the employee and the spectively, to establish rules governing the not yet been approved by Congress. The Ex- Office may agree to waive confidentiality process by which a settlement may be en- ecutive Director has therefore decided to during the counseling process for the limited tered into by such House or by any employ- withdraw the proposed procedural rules con- purpose of allowing the Office to notify the ing office of such House.’’ Because this provi- tained in Subpart C relating to section 210 of employing office of the allegations. sion is set forth in the Act, it is not nec- the CAA. Any future procedural rules regard- Noting that section 2.03(m) of the proposed essary to modify the language in section ing the inspection, investigation and com- rules requires the Capitol Police to enter 2.04(g) of the Rules. plaint provisions contained in sections 210(d) There were additional comments to pro- into a Memorandum of Understanding (MOU) and (f) of the CAA relating to ADA Public posed Procedural Rule 2.04(g). Commenters to permit an employee to use the Capitol Po- Services and Accommodations will be pro- noted that the rule as proposed would grant lice internal grievance process, one com- mulgated when the substantive regulations the Mediator the authority to require ‘‘any menter observed that there was no such re- implementing section 210 of the CAA have party’’ to attend a mediation meeting in per- quirement in section 401 of the CAA. been approved. As the language in the proposed regulation son and that there was nothing in the CAA indicates, a MOU may be necessary to ad- that would give a Mediator this authority. SUBPART D—COMPLIANCE, INVESTIGA- dress certain procedural and notification re- As a general rule, Mediators do not ‘‘direct’’ TION, ENFORCEMENT AND VARIANCE quirements. The OOC believes that the best individuals to attend mediation in person, PROCESS UNDER SECTION 215 OF THE way to work out notice and follow up details unless the Mediator believes that a specific CAA (OCCUPATIONAL SAFETY AND is through a MOU. However, the language person’s presence would advance the medi- HEALTH ACT OF 1970)—INSPECTIONS, does not mandate a MOU, but rather indi- ation. However, the Office has revised the CITATIONS, AND COMPLAINTS cates that an MOU would be helpful in ad- language in the Adopted Rules to indicate Regarding sections 4.02(a), 4.03(a) and (b), dressing administrative and procedural that the Mediator may ‘‘specifically re- two commenters objected to defining ‘‘place issues that could come up should the Execu- quest’’ a party or individual’s presence. of employment’’ as ‘‘any place where covered tive Director decide to recommend that an One commenter stated that the OOC employees work.’’ The 2004 Rules referred to employee use an internal process. should not alter established practice by par- ‘‘places of employment under the jurisdic- There were several comments noting that ticipating in mediations, as allowed in Sec- tion of employing offices.’’ The language in inclusion of ‘‘good cause’’ language in section 2.04(g). In response, the Office notes that the 2004 Procedural Rules is the same lan- tion 2.04(b) of the Proposed Rules would as the 2004 Rules include the Office as a pos- guage used in section 215(c)(1) of the CAA. allow a covered employee additional time to sible participant in mediation, the Proposed Section 215(c)(1) describes the authorities of file a request for mediation outside of the Rules did not change established practice. the General Counsel, which are the same as statutory 15-day period. The commenter as- However, to ensure that participation by the those granted to the Secretary of Labor by serted that there is no support for a ‘‘good Office does not interfere with the mediation subsections (a), (d), (e), and (f) of section 8 of cause’’ extension in the statute, and thus the process, the Amended Rules include language the Occupational Safety and Health Act of OOC lacks authority to create such an exten- that requires the permission of the Mediator 1970 (OSHAct) (29 U.S.C. §§ 657(a), (d), (e), and sion in its Proposed Procedural Rules. and the parties before the Office can partici- (f)). Notably, section 8(a) grants the ‘‘right Typically, a final decision as to timeliness pate in mediation. This is not meant to re- to enter without delay and at reasonable is up to the Hearing Officer and neither the quire permission from the parties when the times any factory, plant, establishment, con- Office nor the Mediator will dismiss a re- Office appoints an in-house mediator. Such struction site, or other area, workplace or quest for mediation where the request may an appointment is left exclusively to the Ex- environment where work is performed by an be late. The intent of this amendment was to ecutive Director. employee of an employer.’’ (Emphasis added). allow the Office to close the case if a request There were several comments to section The CAA refers to the same authorities for for mediation was not timely filed and make 2.04(i) of the Proposed Rules. Commenters periodic inspections as it does for requests the decision not to forward for mediation. noted that the notice of the end of mediation for inspections, that is, section 215(c)(1), and Because the 15-day time limit in which to period should advise the employing office of therefore section 8(a) of the OSHAct. Thus, file a request for mediation is statutory, the the date and mode of transmission of the no- the General Counsel’s authority for periodic Office has deleted the ‘‘good cause’’ language tice that was sent to the complainant or add inspections and requests for inspections cov- from the Adopted Rules. However, a case a presumption to the new rule, stating that ers not only legislative branch facilities that may be closed if the request for mediation is the notice is presumed to have been received are under the jurisdiction of employing of- not filed within 15 days of receipt of a Notice on the day it is sent by facsimile or email, or fices, such as the Hart or Rayburn office of the End of Counseling. In most cases, the within 5 calendar days if sent by first class buildings, but any place where covered em- final decision as to whether a request for me- mail. ployees work, such as the Architect of the

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6225 Capitol’s workshop in the U.S. Supreme and case reports, adding that the General will be processed until it is timely. Giving Court building. One commenter expressed Counsel rarely issues citations and does not the Executive Director the discretion to re- concern this would mean the General Coun- issue de minimis violations. The commenter turn a complaint in these circumstances sel could visit a telework employee’s home asked that the Executive Director change does not give the Executive Director the au- office to conduct an inspection, since the section 4.12 on Imminent Danger to include thority to process a complaint that is filed home office is where a covered employee OOC’s use of the Serious Deficiency Notice; prematurely. works, but not where an employing office change section 4.14 to require the General In comments to section 5.01(g) of the pro- has ‘‘jurisdiction’’. However, the General Counsel to notify the employing office that posed regulations, commenters suggested Counsel would not inspect an area and make it failed to correct a violation before the that a respondent be permitted to file a mo- findings that are beyond the reach of any General Counsel files a complaint, rather tion to dismiss in lieu of an answer. They ex- employing office to address. The efforts in than having the notification be optional; and plained that the rule should give the Hearing this section of the Procedural Rules are in- change section 4.25 on applications for tem- Officer discretion to allow a respondent to tended to more accurately reflect, rather porary variances and other relief to include file a motion to dismiss in lieu of an answer. than broaden, its authority to inspect. the Request for Modification of Abatement Otherwise, a party will be forced to waste re- One commenter objected to language in process used by the General Counsel. sources responding to a complaint that may section 4.02(a) that authorizes the General The suggested changes regarding notifica- be dismissed or significantly altered by a Counsel to review records ‘‘maintained by or tion of inspections, citations, imminent dan- Hearing Officer’s ruling on the motion to dis- under the control of the covered entity.’’ The ger, notification before filing a complaint, miss. They conclude that filing a motion to 2004 Rules refers to records ‘‘required by the and applications for temporary variances/re- dismiss should suspend the obligation to file CAA and regulations promulgated there- quests for modification of abatement, were an answer. The Office declines to make this change in under, and other records which are directly raised by the commenter, not in response to the Adopted Rules, believing that a direct re- related to the purpose of the inspection.’’ any changes the Executive Director proposed sponse to the allegations is vital, and any The concern is that the General Counsel is in the NPRM. The Executive Director is party wishing to file a motion to dismiss in imposing record-keeping requirements. How- therefore reluctant to discuss them without addition to an answer may do so. While a ever, the language does not require entities further notice and opportunity to comment to create records or even to maintain motion to dismiss option was added to the for all stakeholders. While the processes of Proposed Procedural Rules because many records, but addresses the authority of the the General Counsel that have developed General Counsel to review records that are stakeholders indicated that they would like since 2004 in these areas are not wholly re- to see it added, this language was not in- maintained. Further, whether a record is flected in the Procedural Rules, they are not ‘‘directly related to the purpose of the intended to replace the filing of an answer. inconsistent with the Rules or with the au- When there is no adverse action like a re- spection’’ is a matter that may be raised by thorities granted to the General Counsel an entity whether that language is in the moval or suspension, and the claim involves under the CAA. They are examples of how harassment or retaliation, the employing of- section or not. The General Counsel is not the operational needs of the parties and OOC seeking the right to review records that have fice has no requirement to provide the com- can be accommodated without first revising plainant with the administrative file or in- nothing to do with the inspection. Moreover, the Procedural Rules. whether a record is ‘‘directly’’ related is not vestigation, and there is no requirement One commenter was supportive of OOC’s ef- under the Rules that the agency provide this always readily apparent when a record re- fort to balance the OSHAct, which requires quest is first made, and the better course is information before the time to answer. In citations to be posted unedited and un-re- those circumstances, the complainant must to avoid misunderstandings and delays in in- dacted, with concern over the disclosure of spections because of a debate over degrees of rely on the answer for information in order security information. More specifically, the to respond. While it is in the Hearing Offi- relatedness. Executive Director had added the following One commenter suggested inserting the cer’s discretion whether to extend the time language to section 4.13(a) on the posting of words ‘‘upon notification to the appropriate to allow the respondent to file an answer and citations: ‘‘When a citation contains secu- employing office(s)’’ in section 4.02(a) after, to stay discovery while ruling on a motion to rity information as defined in Title 2 of the ‘‘the General Counsel is authorized’’ and be- dismiss, the Office has decided to keep lan- U.S. Code, section 1979, the General Counsel fore, ‘‘to enter without delay and at reason- guage requiring an answer. In hearings under may edit or redact the security information able times, . . .’’. As noted above, that lan- the CAA, the time frames are typically very from the copy of the citation used for post- guage is from section 8(a) of the OSHAct. short and a requirement for respondent to ing or may provide to the employing office a There is no requirement to provide advance answer keeps the process moving forward. notice for posting that describes the alleged Sections 5.03(f) and (g) of the Proposed notice of an inspection to employing offices violation without referencing the security Rules were modified to allow a Hearing Offi- but in practice the approach of the General information.’’ However, the commenter cer to dismiss a complaint after with- Counsel is to provide notification well in ad- wanted the Executive Director to go further drawal—with or without prejudice. Several vance. The employing offices usually provide and include other security information, such commenters objected to this change. One an escort for access and assistance during as ‘‘sensitive but unclassified’’ information, commenter suggested such a dismissal be the inspection. The General Counsel has even and to address how OOC will protect all secu- with prejudice only, another suggested the rescheduled an inspection when no escort rity information it encounters during all Board identify factors a Hearing Officer shows. The General Counsel’s periodic in- stages of the OSH inspection process. The must consider when dismissing a complaint spection calendars are provided to employing Executive Director does not believe the Pro- or permitting a complainant to re-file, and offices at the beginning of each Congress and cedural Rules are the place for setting forth another suggested the language be modified posted on the OOC’s website. OOC’s safeguards and internal handling pro- to clarify that a Hearing Officer cannot ex- The same commenter asked the Executive cedures for security information. The ref- pand a complainant’s time to file a com- Director to revise section 4.03(a)(1) to reflect erence to 2 U.S.C. § 1979 was an effort to use plaint—and that a complaint that would oth- the General Counsel’s practice of providing an established definition of security infor- erwise be time-barred under section 404 may advance notice of an inspection and the mation that applies to the Legislative not be re-filed. scheduling of a pre-inspection opening con- Branch, rather than leaving it to the OOC to While it is clear that a withdrawal of a ference. The current language requires that decide what is security information. A docu- complaint with or without prejudice cannot the General Counsel provide a copy of the ment marked as classified or sensitive but be used to extend the statutory time frame, notice of violation to the employing office unclassified by the classifying or originating the Executive Director has added language ‘‘no later than at the time of inspection.’’ entity will be handled accordingly. to the Adopted Rules indicating that the au- The commenter also asked the Executive Di- thority of the Hearing Officer is consistent SUBPART E—COMPLAINTS rector to revise section 4.06(a), which states with section 404 of the CAA. that advance notice of inspections may not Commenters suggested deleting newly pro- Section 5.03(h) was added in the Proposed be given except under the situations listed in posed language in section 5.01(b)(1) that Rules requiring a representative to provide (a)(1) through (4). The Executive Director would permit the Executive Director to re- sufficient notice to the Hearing Officer and agrees that the practice of the General Coun- turn a complaint that was filed prematurely, the parties of his or her withdrawal in a mat- sel has defaulted to giving advance notice, as without prejudice. The commenters asserted ter, and clarifying that the employee will be opposed to not giving advance notice. How- that the provision is unfair to employing of- considered pro se until another representa- ever, flexibility is still needed to inspect fices and places the Executive Director in tive has been designated in writing. Com- without advance notice, usually for exigent the position of giving legal advice to commenters suggested that the Board define circumstances. In such situations, and under plainants. what is meant by ‘‘sufficient’’ notice. the 2004 Procedural Rules, the General Coun- The Office disagrees that allowing a com- The Office recognizes that with respect to sel need not first persuade an employing of- plainant to cure a defect in their filing is im- the conduct of a hearing, the Hearing Officer fice that the matter falls under an exception proper, and has added language giving the is in the best position to determine what to advance notice. Executive Director discretion to return all constitutes sufficient notice under the cir- The commenter also suggested that the early filed Complaints to the complaining cumstances, and so must have flexibility in Executive Director revise section 4.11 on Ci- employee for filing within the prescribed pe- making determinations. Therefore, the Exec- tations to reflect other processes used by riod, and with an explanation of the applica- utive Director declines to make the changes OOC, such as the Serious Deficiency Notice ble time limits. It is clear that no complaint as requested.

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6226 CONGRESSIONAL RECORD — HOUSE November 15, 2016 SUBPART F—DISCOVERY AND SUBPOENAS cannot place a limitation on a party’s right under 5 U.S.C.557: ‘‘The record shall show the In general, several commenters asserted to assert a privilege and would be incon- ruling on each finding, conclusion, or excep- that Proposed Procedural Rules sections sistent with the inadvertent disclosure iden- tion presented. All decisions, including ini- 2.03(e)(l), 6.01(a), and 6.02(a) are invalid to the tified in section 6.01(d)(2). As an example, the tial, recommended, and tentative decisions, extent that they would limit the availability commenter notes that one may have inad- are a part of the record and shall include a of OOC employees and records in the dis- vertently disclosed privileged information on statement of . . . the appropriate rule, order, covery process, because there is no statutory the last day of discovery which would re- sanction, relief, or denial thereof.’’ Further, basis for this evidentiary privilege. quire that it be returned or destroyed in ac- under section 405(g) of the CAA, ‘‘the hearing The Executive Director believes that the cordance with section 6.01(d)(2). However, if officer shall issue a written decision [that] CAA’s confidentiality requirements found in the privilege was not asserted on the last shall . . . contain a determination of wheth- section 416 of the CAA confer upon the Office day of discovery, the Procedural Rules would er a violation has occurred and order such the obligation to safeguard the confiden- allow the opposing party to keep the inad- remedies as are appropriate pursuant to sub- tiality of such information. Accordingly, to vertently disclosed documents. Thus, by lim- chapter II of this chapter.’’ Another comment in this area pointed to ensure that its intention to safeguard con- iting the timing of the asserted privilege, a section 7.02(b)(1)(G) of the 2004 Rules that au- fidential information is clear, the Executive conflict is created between sections 6.01(d)(1) thorizes a Hearing Officer to ‘‘order that the Director declines to make any changes in the and 6.01(d)(2). non-complying party, or the representative A Rules to these sections. The Office is not attempting, by this rule, advising that party, pay all or part of the at- In the Proposed Rules section 6.01(b) lan- to place a limit on a party’s right to assert torney’s fees and reasonable expenses of the guage about initial disclosure was modified a privilege, but rather to ensure that if a other party or parties or of the Office, caused to specify that information, including wit- party intends to assert a privilege it does so by such non-compliance, unless the Hearing ness lists and discovery documents, must be in a timely way. Until a privilege is asserted, Officer or the Board finds that the failure provided to the opposing party within 14 the assumption is that the information is was substantially justified or that other cir- days of a pre-hearing conference. A com- not privileged. Therefore, this rule is not in- cumstances make an award of attorney’s fees menter suggested that this rule places an un- consistent with section 6.01(d)(2) that re- and/or expenses unjust.’’ fair burden on employing offices who should quires that information that has been claimed as privileged and inadvertently dis- The Office notes that because section 415 of not be required to turn over witness lists and the CAA requires that only funds appro- discovery documents without a request. closed be returned or destroyed, even if disclosed on the last day of discovery. priated to an account of the Office in the The Office believes that, given the limited Treasury may be used for the payment of time between the filing of a complaint and Section 6.02(a) was modified in the Pro- posed Rules to clarify that OOC employees awards and settlements under the CAA, this opening of the hearing, this requirement provision has been deleted from the Adopted should be kept as proposed because it will and service providers acting in their official capacities, and confidential case-related doc- Rules. promote the prompt and fair exchange of in- Section 7.02(b)(4) of the Proposed Rules formation and reduce delay in the pro- uments maintained by the OOC, cannot be subpoenaed. In addition, the rules clarify permits a Hearing Officer to dismiss a frivo- ceedings. This process should not pose an un- lous claim. One commenter suggested that fair burden on employing offices because of that employing offices must make their employees available for discovery and hearings this rule be modified to make it clear that, the ready availability of the information to when a respondent has moved to dismiss a the employing office. without a subpoena. One commenter requested that an employing office only be reclaim on the grounds that it is frivolous, no One commenter expressed concern that the answer should be required to be filed and no changes proposed to section 6.01(c), permit quired to make available witnesses under their control during actual work hours and discovery taken ‘‘unless and until the mo- the parties to engage in ‘‘reasonable pre- tion is denied.’’ Another commenter sug- hearing discovery,’’ without defining what work shifts on the day of the hearing and, otherwise, that subpoenas be used. Another gested that allegations that a claim is frivo- types of discovery are reasonable, or the vol- lous be resolved through a motion to dis- ume of discovery that is appropriate, given commenter suggested the provision be revised to state: ‘‘Employing offices shall miss, referenced in section 5.01(g). the limited time involved in the process. The As stated previously, the Executive Direc- make reasonable efforts to make their man- language in the 2004 Procedural Rules, per- tor is declining to delete the requirement agement-level employees available for dis- mitting discovery only as authorized by the that an answer be filed in all complaint pro- covery and hearing without requiring a sub- Hearing Officer was more equitable because ceedings. Moreover, the Office recognizes poena.’’ the Hearing Officer had greater control over that a claim alleging that a matter is frivo- the proceedings, and better ability to pre- Often, the timing and pacing of a hearing depends on the availability of witnesses. The lous may always be subject to a motion to vent discovery abuses, or the use of delay dismiss and the Hearing Officer has the dis- tactics. Additionally, application of the Fed- Executive Director believes that it is important that the parties willingly commit to the cretion to move the case as appropriate. eral Rules of Civil Procedure to the types Therefore, qualifying language need not be and volume of discovery may be helpful to hearing process to ensure the most efficient and equitable outcome possible. By requiring included in these rules. In order to clarify the parties’ understanding of the process. one point, the Office has added language in- This comment misapprehends the Hearing employing offices to make their employees available without a subpoena, the purpose of dicating that a Hearing Officer may dismiss Officer’s authority. Section 405(e) of the CAA a claim, sua sponte, for the filing of a frivo- provides that ‘‘[r]easonable prehearing dis- the Proposed Rule was to ensure that employees will be readily available when called lous claim. covery may be permitted at the discretion of Some commenters noted that the CAA did as witnesses, therefore reducing the adminis- the hearing officer.’’ The authority is there- not authorize each of the remedies for failure trative burdens on the parties, the Hearing fore permissive, not restrictive. It has al- to maintain confidentiality under section Officer, and the Office. ways been the policy of the Office to encour- 7.02(b)(5). While the Hearing Officer is au- age early and voluntary exchange of relevant SUBPART G—HEARINGS thorized to issue a decision under section 405, information and the Rules, as amended, As a general comment, one commenter the commenters note that Congress did not allow a hearing officer to authorize dis- stated that it was unclear what authority authorize remedies for breach of confiden- covery, but do not mandate it. under the CAA the Board of Directors was tiality. Accordingly, the Board of Directors One commenter suggested that section utilizing to authorize a Hearing Officer to of the Office of Compliance is required to 6.01(c)(1) be modified to state that, when a issue sanctions under sections 7.02 and seek a statutory correction should it desire motion to dismiss is filed, discovery is 7.12(b). The commenter maintained that to provide remedies for breach of confiden- stayed until the Hearing Officer has ruled on sanctions are not authorized under the CAA tiality. Where Congress sought to provide a the motion. and, thus, Procedural Rules incorporating remedy under the CAA, it specifically incor- The Executive Director declines to make substantive provisions are beyond the scope porated it. Compare 2 U.S.C. 1313(b), 2 U.S.C. this modification. As noted above, because of authority permitted under the CAA. The 1314(b), 2 U.S.C. 1317(b), and 2 U.S.C. 1331(c) the time frames in the hearing process are commenter further suggested that because incorporating a remedy provision with the limited, requiring that discovery be stayed sanctions provisions affect the rights of the absence of a remedy provision in 2 U.S.C. until there is a ruling on a motion to dismiss parties, they are substantive in nature and 1416. could take up valuable time. In any event, the appropriate avenue should a substantive For the reasons below, the Office declines the Hearing Officer should have the most sanctions provision be requested is to pursue to delete this section. The CAA does provide flexibility to make a decision to stay dis- a statutory amendment to the CAA. for sanctions and remedies for the failure to covery depending on the circumstances of The Executive Director disagrees. It is maintain confidentiality. Under the Office of each case. clear that a Hearing Officer has the ability Compliance Administrative and Technical Section 6.01(d)(1) of the Proposed Rules to use sanctions to run an orderly and proper Corrections Act of 2015, section 2 U.S.C. provides: ‘‘A party must make a claim for hearing. Moreover, the CAA provides this au- 1416(c) of the CAA was amended to: ‘‘The Ex- privilege no later than the due date for the thority. Thus, under section 405(d) of the ecutive Director shall notify each person production of the information.’’ One com- CAA, the Hearing Officer is required to con- participating in a proceeding or deliberation menter suggested that a claim for privilege duct the hearing in ‘‘accordance with the to which this subsection applies of the re- belongs to a party and cannot be waived ex- principles and procedures set forth in section quirements of this subsection and of the sanc- cept by the party. Thus, section 6.01(d)(1) 554 through 557 of title 5.’’ Specifically, tions applicable to any person who violates the

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6227 requirements of this subsection.’’ (Emphasis that a Hearing Officer shall provide a party the CAA.’’), quoted in 454 F.3d 1072, 1073 (10th added.) at least two business days to respond to a Cir. 2006). Section 7.07 gives the Hearing Officer dis- written motion. Another commenter rec- To the extent that the commenter discretion when a party fails to appear for hear- ommended that a rule be adopted that ex- agrees with the above explanation and relies ing. One commenter suggested that the rule pressly permits the hearing to be opened just on Hamilton-Hayyim v. Office of Congressman be amended to require the complainant to for purposes of arguing a dispositive motion, Jesse Jackson, Jr., No. 12–c–6392, 2014 WL appear at hearings. such as a motion to dismiss, thereby allow- 1227243 (N.D. Ill. Mar. 25, 2014), it is the belief The rule, as written, is intended to allow ing the parties to avoid spending time and of the Office that the case misapplied clearly the Hearing Officer discretion to determine resources when a case can be dismissed be- established law as described above and when the presence of a party is required for cause it is frivolous or because it fails to should not affect the Procedural Rules. Ham- the proceeding to move forward. state a claim. ilton-Hayyim conflates the issue of successor With respect to sections 7.13(d) and (e), one The Executive Director does not believe or continuing liability under Rule 25(d) of commenter noted that these sections ‘‘pur- that any revisions are required to this sec- the Federal Rules of Civil Procedure with port to limit the availability of interlocu- tion. As the time frames under the CAA for the role of an ‘‘employing office’’ in a suit tory appeals’’, and section 8.01(e) purports to the issuance of the decision of a Hearing Of- under the CAA. As grounds for its holding, limit the availability of judicial review. Be- ficer are very short (a decision must be the court in Hamilton-Hayyim found that a cause these issues should be addressed by issued within 90 days of the end of the hear- suit against an employing office becomes substantive rulemaking, these proposed Pro- ing), it is crucial that the Hearing Officer be moot or abates upon the resignation of a cedural Rules are invalid and should not be accorded the most discretion in conducting Member because Congress did not statutorily adopted. the hearing. create successor liability which infers that These provisions are not substantive, but One commenter suggested that the Rules ‘‘Congress certainly does not want to burden are procedural. Therefore no changes need to include directions to Hearing Officers to sua a new Member with the liability of a former be made. Thus, under the Proposed Rules, sponte dismiss abated cases. The commenter Member.’’ Id. at *2. This rationale does not the time within which to file an interlocu- maintained that when a Member of the comport with the CAA. There is no burden tory appeal is described in section 7.13(b); House of Representatives leaves office, the on a new Member resulting from an existing section 7.13(c) provides the standards upon Member’s personal office ceases to exist and action against a former Member under the which a Hearing Officer determines whether the case abates. Citing Hamilton-Hayyim v. CAA because the obligation to provide a to forward a request for interlocutory review Office of Congressman Jackson, Case No. 12–C– legal defense rests with the Office of House to the Board; and section 7.13(d) provides 6392, 2014 WL 1227243 (N.D. 111. Mar. 25, 2014); Employment Counsel and any resulting fi- that the decision of the Hearing Officer to accord Oklahoma Natural Gas Co. v. Okla- nancial responsibility is paid through a fund. homa, 273 U.S. 257, 259–260 (1927); Bowles v. forward or decline to forward a request for 2 U.S.C. § 1408, 1415(a). The Executive Direc- Wilke, 175 F.2d 35. 38–39 (7th Cir. 1949), the review is not appealable. The Office’s rule tor believes that the holding in Hamilton- commenter noted that the CAA ‘‘dem- permitting the Hearing Officer to determine Hayyim is contrary to the clear intent of the onstrates a congressional mandate . . . to whether a question should be forwarded to CAA which is to hold Legislative Branch em- end any employment action liability of that the Board is consistent with judicial prac- ploying offices, not Members, accountable respective Member’s personal office’’ at the tice, and the Board retains discretion wheth- for violations of specific labor and employ- time the Member leaves office. Hamilton- er or not to entertain the appeal. Under 28 ment laws. Because an employing office does Hayyim, 2014 WL 1227243 at *2.10 When a Hear- USC 1292(b): not cease to exist for purposes of suit under ing Officer becomes aware that a Member’s When a district judge, in making in a civil the CAA when a Member leaves office, the personal office ceases to exist, the Rules Executive Director declines to make the action an order not otherwise appealable should provide that the Hearing Officer will 1 change suggested. under this section, shall be of the opinion dismiss the case, sua sponte. that such order involves a controlling ques- For the reasons stated herein, the Office SUBPART I—OTHER MATTERS OF GEN- tion of law as to which there is substantial disagrees with this interpretation and the ERAL APPLICABILITY ground for difference of opinion and that an Executive Director declines to provide such One commenter stated that section 9.01(a) immediate appeal from the order may mate- a rule, leaving it to the Hearing Officer or is unclear as to what is meant by a ‘‘decision rially advance the ultimate termination of Board to make the determination on the of the Office.’’ If the procedural rule is the litigation, he shall so state in writing in issue. An ‘‘employing office’’ does not cease meant to be a decision of the Board of Direc- such order. The Court of Appeals which to exist when a Member resigns or otherwise tors of the Office of Compliance, the rule would have jurisdiction of an appeal of such leaves office. The clear intent of the CAA is should be clarified. The definition of a final action may thereupon, in its discretion, per- to subject the Legislative Branch to liability decision of the Office can be found in sec- mit an appeal to be taken from such order, if for violation of federal employment laws, tions 405(g) 2 and 406(e) 3 of the CAA. There- application is made to it within ten days not to subject Members personally to such li- fore no further revisions are necessary. after the entry of the order: Provided, how- ability. 2 U.S.C. § 1302. Moreover, a Member There were comments to section 9.02(c)(2) ever, that application for an appeal here- is not directly involved in the litigation, as of the Proposed Rules asking for clarifica- under shall not stay proceedings in the dis- Congress’s attorneys defend the action and tion of the circumstances under which the trict court unless the district judge or the have the ultimate authority to make litiga- Office or a Hearing Officer would initiate Court of Appeals or a judge thereof shall so tion decisions. Id. § 1408(d). Additionally, settlement discussions once the mediation order. there is no financial risk to a Member, as period has ended. The Office sees no reason There were several comments on section any monetary settlement or award is paid to change the language. As there are many 7.15(a) of the Proposed Regulations regarding from a statutory fund. Id. § 1415(a). situations that can come up in hearing the closing of the record of the hearing. One Courts considering this issue have reached where a Hearing Officer may conclude that commenter noted that the OOC should iden- this same conclusion. In Hanson v. Office of the parties are interested in discussing set- tify what factors or guidance a Hearing Offi- Senator Mark Dayton, 535 F. Supp. 2d 25 tlement, the decision as to whether to ini- cer must follow in determining the amount (D.D.C. 2008), the court found no ambiguity tiate settlement discussions should be left up of time that the record is to remain open. as to the meaning of the term ‘‘employing to the Office or Hearing Officer as cir- Another commenter objected to allowing any office’’ and opined that although the CAA de- cumstances dictate. One commenter noted that Proposed Pro- documents to be entered into the record fines ‘‘employing office’’ as the personal of- cedural Rule § 9.03(d) would give the Execu- after the close of a hearing. fice of a Member, there is absolutely no indi- A complete record is essential to a deter- cation in the CAA or elsewhere that Con- tive Director sole authority to resolve al- mination by the Hearing Officer. The Hear- gress intended the naming device to insulate leged violations of settlement agreements, in ing Officer is in the best position to deter- former Congressional offices from suit under the event that the parties do not agree on a mine how long the record should be kept the CAA. The court therefore expressly held method for resolving disputes. There is noth- open and what information is most relevant that the expiration of a Senator’s term did ing in the CAA that gives the Executive Di- to creating a complete record upon which to not moot or abate the lawsuit. Indeed, the rector the authority to resolve contractual issue a decision. Because the Hearing Officer term ‘‘employing office’’ is merely ‘‘an orga- disputes, and this rule should not be adopted. The Office notes that the rule specifically should be accorded appropriate discretion, nizational division within Congress, estab- states that the Office may provide assistance the Executive Director sees no reason to lished for Congress’s administrative conven- in resolving the dispute, including the serv- make the changes noted. ience, analogous to a department within a ices of a mediator and that allegations of a There were several comments to section large corporation’’ and the term exists solely 7.16 concerning sufficient time to respond to ‘‘to be named as a defendant in [CAA] ac- motions. One commenter recommended that tions.’’ Fields v. Office of Eddie Bernice John- 2 Section 405 Complaint and Hearing, (g) Decision. a provision be added to the Rules stating son, 459 F. 3d 1, 27–29 (D.C. Cir. 2006); see ‘‘. . . If a decision is not appealed under section 1406 Bastien v. Office of Senator Ben Nighthorse of this title to the Board, the decision shall be considered the final decision of the Office.’’ 1 Orders other than ‘‘[i]nterlocutory orders . . . Campbell, No. 01–cv–799, 2005 WL 3334359, at 3 Section 406 Appeal to the Board, (e) Decision. granting, continuing, modifying, refusing or dis- *4, (D. Colo. Dec. 5, 2005) (‘‘[T]he term ‘em- ‘‘. . . A decision that does not require further pro- solving injunctions, or refusing to dissolve or mod- ploying office’ actually refers to Congress ceedings before a hearing officer shall be entered in ify injunctions. . . .’’ and Congress is the responsible entity under the records of the Office as a final decision.’’

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6228 CONGRESSIONAL RECORD — HOUSE November 15, 2016 breach of a settlement will be reviewed, in- § 1.02 Definitions. of Congress, for purposes of the proceedings vestigated, or mediated as appropriate. It Except as otherwise specifically provided and rulemakings described in subparagraphs does not say that the Executive Director will in these rules, for purposes of this Part: (1) and (2): resolve those alleged violations, but rather, ..... assist the parties in doing so...... § 1.03 Filing and Computation of Time One commenter noted that proposed Proce- (b) Covered Employee. The term ‘‘covered (a) Method of Filing. Documents may be dural Rule § 9.04 states that, after a settle- employee’’ means any employee of filed in person, electronically, by facsimile (FAX), ment agreement has been approved by the ..... or by mail, including express, overnight and ƒ ≈ Executive Director, ‘‘[n]o payment shall be (3) the Capitol Guide Service Office of Con- other expedited delivery. ƒWhen specifically made from such account until the time for gressional Accessibility Services; requested by the Executive Director, or by a appeal of a decision has expired.’’ This rule (4) the Capitol Police; Hearing Officer in the case of a matter pending should clarify that it does not apply to set- ..... before the Hearing Officer, or by the Board of tlements reached in the absence of a ‘‘deci- Directors in the case of an appeal to the Board, sion’’ that may be appealed. (9) for the purposes stated in paragraph (q) of this section, the ƒGeneral Accounting≈ any document may also be filed by electronic The Office has clarified section 9.04 in the Government Accountability Office or the Library transmittal in a designated format, with receipt Amended Rules and included language that of Congress. confirmed by electronic transmittal in the same indicates that this rule does not apply to sit- format. Requests for counseling under section uations where a settlement has been reached ..... 2.03, requests for mediation under section 2.04 and there is no decision that could be ap- (d) Employee of the Office of the Architect of and complaints under section 5.01 of these rules pealed. the Capitol. The term ‘‘employee of the Office may also be filed by facsimile (FAX) trans- of the Architect of the Capitol’’ includes any mission. In addition, the Board or a Hearing Of- EXPLANATION REGARDING THE TEXT OF THE employee of the Office of the Architect of ficer may order other documents to be filed by PROPOSED AMENDMENTS: the Capitol, or the Botanic Garden ƒor the FAX. The original copies of documents filed by Material from the 2004 version of the Rules Senate Restaurants≈. FAX must also be mailed to the Office no later is printed in roman type. The text of the (e) Employee of the Capitol Police. The term than the day following FAX transmission.≈ The adopted amendments shows ƒdeletions in ‘‘employee of the Capitol Police’’ includes ci- filing of all documents is subject to the limi- italicized type within bold italics brackets≈ and vilian employees and any member or officer tations set forth below. The Board, Hearing Offi- added text in underlined bold. Only subsections of of the Capitol Police. cer, the Executive Director, or the General Counsel the Rules that include adopted amendments (f) Employee of the House of Representatives. may, in their discretion, determine the method by are reproduced in this NOTICE. The inser- The term ‘‘employee of the House of Rep- which documents may be filed in a particular pro- tion of a series of small dots (.....) indi- resentatives’’ includes an individual occu- ceeding, including ordering one or more parties to use cates additional, un-amended text within a pying a position the pay for which is dis- mail, FAX, electronic filing, or personal delivery. Par- section has not been reproduced in this docu- bursed by the Clerk of the House of Rep- ties and their representatives are responsible for en- ment. The insertion of a series of asterisks resentatives, or another official designated suring that the Office always has their current postal (*****) indicates that the un-amended by the House of Representatives, or any em- mailing and e-mail addresses and FAX numbers. text of entire sections of the Rules have not ployment position in an entity that is paid ..... been reproduced in this document. For the with funds derived from the clerk-hire allow- (2) ƒMailing≈ By Mail. text of other portions of the Rules which are ance of the House of Representatives, but ƒ(i) If mailed, including express, overnight not proposed to be amended, please access not any such individual employed by any en- and other expedited delivery, a request for medi- the Office of Compliance web site at tity listed in subparagraphs ƒ(3)≈ (2) through ation or a complaint is deemed filed on the date www.compliance.gov. (9) of paragraph (b) above. of its receipt in the Office.≈ ƒ(ii) A document,≈ Documents, ƒother than a request for mediation, ADOPTED AMENDMENTS (g) Employee of the Senate. The term ‘‘employee of the Senate’’ includes any employee or a complaint, is≈ are deemed filed on the SUBPART A—GENERAL PROVISIONS whose pay is disbursed by the Secretary of date of ƒits≈ their postmark or proof of mail- § 1.01 Scope and Policy the Senate, but not any such individual em- ing to the Office. Parties, including those § 1.02 Definitions ployed by any entity listed in subparagraphs using franked mail, are responsible for en- § 1.03 Filing and Computation of Time (1) and (3) through (9) of paragraph (b) above. suring that any mailed document bears a § 1.04 ƒAvailability of Official Information≈ (h) Employing Office. The term ‘‘employing postmark date or other proof of the actual Filing, Service, and Size Limitations of Motions, office’’ means: date of mailing. In the absence of a legible postmark a document will be deemed timely Briefs, Responses and Other Documents ..... § 1.05 ƒDesignation of Representative≈ Signing filed if it is received by the Office at Adams (4) the ƒCapitol Guide Service≈ of Pleadings, Motions and Other Filings; Violation Office of Con- Building, Room LA 200, 110 Second Street, the Capitol Po- S.E., Washington, D.C. 20540–1999, by mail of Rules; Sanctions gressional Accessibility Services, lice, the Congressional Budget Office, the Of- within five (5) days of the expiration of the § 1.06 ƒMaintenance of Confidentiality≈ Avail- fice of the Architect of the Capitol, the Of- applicable filing period. ability of Official Information fice of the Attending Physician, and the Of- (3) By FAX ƒFaxing Documents.≈ Documents § 1.07 ƒBreach of Confidentiality Provisions≈ fice of Compliance; or transmitted by FAX machine will be deemed Designation of Representative (5) for the purposes stated in paragraph filed on the date received at the Office at § 1.08 Confidentiality ƒ(q)≈ (r) of this section, the ƒGeneral Account- 202–426–1913, orƒ, in the case of any document § 1.01 Scope and Policy. ing≈ Government Accountability Office and the to be filed or submitted to the General Counsel,≈ Library of Congress on the date received at the Office of the Gen- These rules of the Office of Compliance eral Counsel at 202–426–1663 if received by 5:00 govern the procedures for consideration and ...... PM Eastern Time. Faxed documents received after resolution of alleged violations of the laws (j) Designated Representative. The term ‘‘designated 5:00 PM Eastern Time will be deemed filed the fol- made applicable under Parts A, B, C, and D representative’’ means an individual, firm, or other lowing business day. A FAX filing will be timely of title II of the Congressional Account- entity designated in writing by a party to represent the only if the document is received no later than ability Act of 1995. The rules include defini- interests of that party in a matter filed with the Office. 5:00 PM Eastern Time on the last day of the tions, procedures for counseling, mediation, ..... applicable filing period. Any party using a and for electing between filing a complaint FAX machine to file a document bears the with the Office of Compliance and filing a —Re-letter subsequent paragraphs— responsibility for ensuring both that the doc- civil action in a district court of the United ƒ(o)≈(p) General Counsel. The term ‘‘General ument is timely and accurately transmitted States under Part A of title II. The rules also ad- Counsel’’ means the General Counsel of the and confirming that the Office has received a dress the procedures for compliance, investiga- Office of Compliance and any authorized rep- facsimile of the document. ƒThe party or indi- tion, and enforcement under Part B of title II, resentative or designee of the General Counsel. vidual filing the document may rely on its FAX ƒvariances≈ and for compliance, investiga- ƒ(p)≈(q) Hearing Officer. The term ‘‘Hearing status report sheet to show that it filed the doc- tion, ƒand≈ enforcement, and variance under Officer’’ means any individual ødesignated¿ ument in a timely manner, provided that the Part C of title II. The rules include ƒand≈ proce- appointed by the Executive Director to preside status report indicates the date of the FAX, the dures for the conduct of hearings held as a over a hearing conducted on matters within receiver’s FAX number, the number of pages in- result of the filing of a complaint and for ap- the Office’s jurisdiction. cluded in the FAX, and that transmission was peals to the Board of Directors of the Office ƒ(q)≈(r) Coverage of the ƒGeneral Account- completed.≈ The time displayed as received by the of Compliance from Hearing Officer deci- ing≈ Government Accountability Office and the Li- Office on its FAX status report will be used to show sions, as well as other matters of general ap- brary of Congress and their Employees. The the time that the document was filed. When the Office plicability to the dispute resolution process term ‘‘employing office’’ shall include the serves a document by FAX, the time displayed as sent and to the operations of the Office of Compli- ƒGeneral Accounting≈ Government Accountability by the Office on its FAX status report will be used to ance. It is the policy of the Office that these Office and the Library of Congress, and the show the time that the document was served. A FAX rules shall be applied with due regard to the term ‘‘covered employee’’ shall include em- filing cannot exceed 75 pages, inclusive of table of con- rights of all parties and in a manner that ex- ployees of the ƒGeneral Accounting≈ Govern- tents, table of authorities, and attachments. Attach- pedites the resolution of disputes. ment Accountability Office and the Library ments exceeding 75 pages must be submitted to the

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6229 Office in person or by electronic delivery. The date of sponses must be filed with the Office. The Of- ƒ§ 1.04≈ § 1.06 Availability of Official Informa- filing will be determined by the date the brief, motion, fice, Hearing Officer, or Board may also request tion. response, or supporting memorandum is received in a≈A party ƒto submit≈ may file an electronic (a) Policy. It is the policy of the Board, the ƒ ≈ the Office, rather than the date the attachments, were version of any submission in a designated ƒOffice≈ Executive Director, and the General received in the Office. format designated by the Executive Director, Gen- Counsel, except as otherwise ordered by the (4) By Electronic Mail. Documents transmitted elec- eral Counsel, Hearing Officer, or Board, with re- Board, to make available for public inspec- tronically will be deemed filed on the date received at ceipt confirmed by electronic transmittal in tion and copying final decisions and orders of the Office at [email protected], or on the date the same format. the Board and the Office, as specified and de- (b) Service. The parties shall serve on each received at the Office of the General Counsel at scribed in paragraph (d) below. [email protected] if received by 5:00 PM Eastern other one copy of all motions, briefs, re- Time. Documents received electronically after 5:00 PM sponses and other documents filed with the ..... Eastern Time will be deemed filed the following busi- Office, other than the request for counseling, (c) Copies of Forms. Copies of blank forms ness day. An electronic filing will be timely only if the the request for mediation and complaint. prescribed by the Office for the filing of com- document is received no later than 5:00 PM Eastern Service shall be made by mailing, by fax or e- plaints and other actions or requests may be Time on the last day of the applicable filing period. mailing, or by hand delivering a copy of the obtained from the Office or on line at motion, brief, response or other document to Any party filing a document electronically bears the www.compliance.gov. each party, or if represented, the party’s rep- responsibility for ensuring both that the document is resentative, on the service list previously ..... timely and accurately transmitted and for confirming provided by the Office. Each of these docu- (f) Access by Committees of Congress. ƒAt the that the Office has received the document. The time ments must be accompanied by a certificate discretion of the Executive Director, the≈ The displayed as received or sent by the Office will be of service specifying how, when and on whom Executive Director, at his or her discretion, may based on the document’s timestamp information and service was made. It shall be the duty of provide to the ƒCommittee on Standards of Of- used to show the time that the document was filed or each party to notify the Office and all other ficial Conduct of the House of Representatives≈ served. parties in writing of any changes in the House Committee on Ethics and the ƒSelect Com- (b) Service by the Office. At its discretion, the Office names or addresses on the service list. mittee on Ethics of the Senate≈ U.S. Senate Select may serve documents by mail, FAX, electronic trans- Committee on Ethics access to the records of the mission, or personal or commercial delivery...... hearings and decisions of the Hearing Offi- ƒ ≈ (d) Size Limitations. Except as otherwise (b) (c) Computation of Time. All time peri- cers and the Board, including all written and specified ƒby the Hearing Officer, or these ods in these rules that are stated in terms of oral testimony in the possession of the Of- rules,≈ no brief, motion, response, or sup- days are calendar days unless otherwise fice. The identifying information in these porting memorandum filed with the Office noted. However, when the period of time pre- records may be redacted at the discretion of shall exceed 35 double-spaced pages, ƒor 8,750 scribed is five (5) days or less, intermediate the Executive Director. The Executive Direc- Saturdays, Sundays, ƒand≈ federal govern- words,≈ exclusive of the table of contents, table of authorities and attachments. The tor shall not provide such access until the ment holidays, and other full days that the Office Executive Director has consulted with the Board, the Executive Director, or Hearing Offi- is officially closed for business shall be excluded in individual filing the complaint at issue, and the computation. To compute the number of cer may ƒwaive, raise or reduce≈ modify this limitation upon motion and for good cause until a final decision has been entered under days for taking any action required or per- section 405(g) or 406(e) of the Act. mitted under these rules, the first day shall shown; or on ƒits≈ their own initiative. Briefs, ƒ ≈ be the day after the event from which the motions, responses, and supporting memo- § 1.05 § 1.07 Designation of Representative. time period begins to run and the last day randa shall be on standard letter-size paper (a) ƒAn employee, other charging individual for filing or service shall be included in the (8-1/2″ x 11″). To the extent that such a filing exceeds or≈ A party ƒa witness, a labor organization, computation. When the last day falls on a 35 double-spaced pages, the Hearing Officer, Board, an employing office, or an entity alleged to be Saturday, Sunday, ƒor≈ federal government or Executive Director may, in their discretion, reject responsible for correcting a violation≈ wishing holiday, or a day the Office is officially closed, the the filing in whole or in part, and may provide the to be represented ƒby another individual,≈ last day for taking the action shall be the parties an opportunity to refile. must file with the Office a written notice of next regular federal government workday. ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions designation of representative. No more than one ƒ(c)≈(d) Time Allowances for Mailing, Fax, or and Other Filings; Violation of Rules; Sanc- representative, ƒor≈ firm, or other entity may be des- Electronic Delivery of Official Notices. Whenever a tions. ignated as representative for a party for the purpose person or party has the right or is required (a) Signing. Every pleading, motion, and of receiving service, unless approved in writing by the to do some act within a prescribed period other filing of a party represented by an at- Hearing Officer or Executive Director. The rep- after the service of a notice or other docu- torney or other designated representative resentative may be, but is not required to be, ment upon him or her and the notice or doc- shall be signed by the attorney or represent- an attorney. If the representative is an attorney, he ument is served by ƒregular, first-class≈ mail, ative. A party who is not represented shall or she may sign the designation of representative on five (5) days shall be added to the prescribed sign the pleading, motion or other filing. In behalf of the party. period. ƒOnly two (2) days shall be added if a the case of an electronic filing, an electronic signature (b) Service Where There is a Representative. document is served by express mail or other form is acceptable. The signature of a representative ƒAll service≈ Service of documents shall be ƒdi- of expedited delivery.≈ When documents are or party constitutes a certificate by the rected to≈ on the representative unless and served by certified mail, return receipt re- signer that the signer has read the pleading, until such time as the represented ƒindividual, quested, the prescribed period shall be cal- motion, or other filing; that to the best of labor organization, or employing office≈ party or culated from the date of receipt as evidenced the signer’s knowledge, information, and be- representative, with notice to the party, ƒspecifies by the return receipt. When documents are lief formed after reasonable inquiry, it is otherwise and until such time as that indi- served electronically or by FAX, the prescribed period well grounded in fact and is warranted by ex- vidual, labor organization, or employing office≈ shall be calculated from the date of transmission by isting law or a good faith argument for the notifies the Executive Director, in writing, of the Office. extension, modification, or reversal of exist- ƒan amendment≈ a modification or revocation of ƒ(d) Service or filing of documents by certified ing law, and that it is not interposed for any the designation of representative. Where a mail, return receipt requested. Whenever these improper purpose, such as to harass or to designation of representative is in effect, all rules permit or require service or filing of docu- cause unnecessary delay or needless increase time limitations for receipt of materials ƒby ments by certified mail, return receipt requested, in the cost of litigation. the represented individual or entity≈ shall be such documents may also be served or filed by (b) Sanctions. If a pleading, motion, or other computed in the same manner as for those who express mail or other forms of expedited delivery filing is not signed, it shall be stricken un- are unrepresented ƒindividuals or entities≈, in which proof of date of receipt by the ad- less it is signed promptly after the omission with service of the documents, however, di- dressee is provided.≈ is called to the attention of the person who rected to the representativeƒ, as provided≈. is required to sign. If a pleading, motion, or ƒ ≈ (c) Revocation of a Designation of Representative. A § 9.01 § 1.04 Filing, Service, and Size Limita- other filing is signed in violation of this rule, tions of Motions, Briefs, Responses and revocation of a designation of representative, whether a Hearing Officer or the Board, as appro- made by the party or by the representative with notice Other Documents. ƒ ≈ priate, upon motion or upon its their own to the party, must be made in writing and filed with (a) Filing with the Office; Number and Format. ƒ ≈ ƒ initiative, shall may impose upon the per- the Office. The revocation will be deemed effective the One copy of requests for counseling and mediation, re- ≈ son who signed it, a represented party, or both, date of receipt by the Office. At the discretion of the quests for inspection under OSH, unfair labor practice an appropriate sanction, which may include Executive Director, General Counsel, Mediator, Hear- charges, charges under titles II and III of the ADA, ƒ an order to pay to the other party or parties ing Officer, or Board, additional time may be pro- ƒone original and three copies of≈ all motions, the amount of the reasonable expenses incurred vided to allow the party to designate a new representa- briefs, responses, and other documents must because of the filing of the pleading, motion, or tive as consistent with the Act. be filed ƒ,whenever required,≈ with the Office other filing, including a reasonable attorney’s ƒ ≈ ƒ ≈ or Hearing Officer. ƒHowever, when a party fee. A Hearing Officer or the Board, as appro- § 1.06 § 1.08 Maintenance of Confiden- aggrieved by the decision of a Hearing Officer or priate, upon motion or its own initiative may tiality. a party to any other matter or determination re- also impose an appropriate sanction, which may (a) Policy.ƒIn accord with section 416 of the viewable by the Board files an appeal or other include≈ the sanctions specified in section Act, it is the policy of≈ Except as provided in sec- submission with the Board, one original and 7.02ƒ, for any other violation of these rules that tions 416(d), (e), and (f) of the Act, the Office ƒto≈ seven copies of any submission and any re- does not result from reasonable error≈. shall maintainƒ, to the fullest extent possible,

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6230 CONGRESSIONAL RECORD — HOUSE November 15, 2016 the≈ confidentiality in counseling, medi- a covered employee may agree to notify the em- proceedings. Upon a finding of a violation of ation, and in ƒof≈ the proceedings and delib- ploying office of the allegations. Section 416(b) the confidentiality provisions, the Hearing Offi- erations of Hearing Officers and the Board in ac- provides that all mediation shall be strictly con- cer, after notice and hearing, may impose an ap- cordance with sections 416(a), (b), and (c) of the Act. fidential. Section 416(c) provides that all pro- propriate sanction, which may include any of ƒof the participants in proceedings conducted ceedings and deliberations of Hearing Officers the sanctions listed in section 7.02 of these rules, under sections 402, 403, 405 and 406 of the Act and the Board, including any related records as well as any of the following: and these rules.≈ shall be confidential, except for release of (1) an order that the matters regarding which (b) ƒAt the time that any individual, employ- records necessary for judicial actions, access by the violation occurred or any other designated ing office or party, including a designated rep- certain committees of Congress, and, in accord- facts shall be taken to be established against the resentative, becomes a participant in counseling ance with section 416(f), publication of certain violating party for the purposes of the action in under section 402, mediation under section 403, final decisions. Section 416(c) does not apply to accordance with the claim of the other party; the complaint and hearing process under section proceedings under section 215 of the Act, but (2) an order refusing to allow the violating 405, or an appeal to the Board under section 406 does apply to the deliberations of Hearing Offi- party to support or oppose designated claims or of the Act, or any related proceeding, the Office cers and the Board under section 215. See also defenses, or prohibiting him from introducing will advise the participant of the confidentiality sections 1.06, 5.04, and 7.12 of these rules. designated matters in evidence; requirements of section 416 of the Act and these (b) Prohibition. Unless specifically authorized (3) an order striking out pleadings or parts rules and that sanctions may be imposed for a by the provisions of the CAA or by order of the thereof, or staying further proceedings until the violation of those requirements.≈ Participant. For Board, the Hearing Officer or a court, or by the order is obeyed, or dismissing with or without the purposes of this rule, participant means an indi- procedural rules of the Office, no participant in prejudice the action or proceedings or any part vidual or entity who takes part as either a party, wit- counseling, mediation or other proceedings made thereof, or rendering a judgment by default ness, or designated representative in counseling under confidential under section 416 of the CAA against the violating party; Section 402 of the Act, mediation under section 403, (‘‘confidential proceedings’’) may disclose the (4) in lieu of any of the foregoing orders or in the complaint and hearing process under section 405, contents or records of those proceedings to any addition thereto, the Hearing Officer shall re- or an appeal to the Board under Section 406 of the person or entity, Nothing in these rules prohibits quire the party violating the confidentiality pro- Act, or any related proceeding which is expressly or a bona fide representative of a party under sec- visions or the representative advising him, or by necessity deemed confidential under the Act or tion 1.05 from engaging in communications with both, to pay, at such time as ordered by the these rules. that party for the purpose of participation in Hearing Officer, the reasonable expenses, in- (c) Prohibition. Unless specifically authorized by the the proceedings, provided that such disclosure is cluding attorney fees, caused by the violation, provisions of the Act or by these rules, no participant not made in the presence of individuals not rea- unless the Hearing Officer finds that the failure in counseling, mediation or other proceedings made sonably necessary to the representative’s rep- was substantially justified or that other cir- confidential under Section 416 of the Act (‘‘confiden- resentation of that party. Moreover, nothing in cumstances make an award of expenses unjust. tial proceedings’’) may disclose a written or oral com- these rules prohibits a party or its representative Such an order shall be subject to review on ap- munication that is prepared for the purpose of or that from disclosing information obtained in con- peal of the final decision of the Hearing Officer occurs during counseling, mediation, and the pro- fidential proceedings for the limited purposes of under section 406 of the Act. No sanctions may ceedings and deliberations of Hearing Officers and the investigating claims, ensuring compliance with be imposed under this section except for good Board. the Act or preparing its prosecution or defense, cause and the particulars of which must be stat- (d) Exceptions. Nothing in these rules prohibits a to the extent that such disclosure is reasonably ed in the sanction order.≈ necessary to accomplish the aforementioned party or its representative from disclosing information SUBPART B—PRE-COMPLAINT PROCEDURES AP- obtained in confidential proceedings when reasonably purposes and provided that the party making PLICABLE TO CONSIDERATION OF necessary to investigate claims, ensure compliance with the disclosure takes all reasonably appropriate ALLEGED VIOLATIONS OF PART A OF the Act or prepare its prosecution or defense. How- steps to ensure that persons to whom the infor- TITLE II OF THE CONGRESSIONAL ever, the party making the disclosure shall take all mation is disclosed maintain the confidentiality ACCOUNTABILITY ACT OF 1995 reasonably appropriate steps to ensure that persons to of such information. § 2.01 Matters Covered by Subpart B (c) Participant. For the purposes of this rule, whom the information is disclosed maintain the con- § 2.02 Requests for Advice and Information participant means any individual or party, in- fidentiality of such information. These rules do not § 2.03 Counseling cluding a designated representative, that be- preclude a Mediator from consulting with the Office § 2.04 Mediation comes a participant in counseling under section ƒ ≈ with permission from the party that is the subject of § 2.05 Election of Proceeding s 402, mediation under section 403, the complaint ƒ ≈ the consultation, except that when the covered em- § 2.06 Filing of Civil Action Certification of the and hearing process under section 405, or an ap- ployee is an employee of the Office a Mediator shall Official Record peal to the Board under section 406 of the Act, not consult with any individual within the Office who § 2.07 Filing of Civil Action or any related proceeding which is expressly or might be a party or witness. These rules do not pre- by necessity deemed confidential under the Act § 2.01 Matters Covered by Subpart B. clude the Office from reporting statistical information or these rules. (a) These rules govern the processing of to the Senate and House of Representatives. (d) Contents or Records of Confidential Pro- any allegation that sections 201 through 206 (e) Contents or Records of Confidential Proceedings. ceedings. For the purpose of this rule, the con- of the Act have been violated and any allega- For the purpose of this rule, the contents or records tents or records of counseling, mediation or tion of intimidation or reprisal prohibited of counseling, mediation or other proceeding includes other proceeding includes information disclosed under section 207 of the Act. Sections 201 the information disclosed by participants to the pro- by participants to the proceedings, and records through 206 of the Act apply to covered em- ceedings, and records disclosed by the opposing party, disclosed by either the opposing party, witnesses ployees and employing offices certain rights witnesses, or the Office. A participant is free to dis- or the Office. A participant is free to disclose and protections of the following laws: close facts and other information obtained from any facts and other information obtained from any source outside of the confidential proceedings. For ex- ..... source outside of the confidential proceedings. ample, an employing office or its representatives may For example, an employing office or its rep- (10) Chapter 35 (relating to veteran’s preference) of disclose information about its employment practices resentatives may disclose information about its title 5, United States Code and personnel actions, provided that the information employment practices and personnel actions, (11) Genetic Information Nondiscrimination Act of was not obtained in a confidential proceeding. How- provided that the information was not obtained 2008. ever, an employee who obtains that information in me- in a confidential proceeding. However, an em- (b) This subpart applies to the covered em- diation or other confidential proceeding may not dis- ployee who obtains that information in medi- ployees and employing offices as defined in close such information. Similarly, information forming ation or other confidential proceeding may not section 1.02(b) and (h) of these rules and any the basis for the allegation of a complaining employee disclose such information. Similarly, informa- activities within the coverage of sections 201 may be disclosed by that employee, provided that the tion forming the basis for the allegation of a through 206(a) and 207 of the Act and ref- information contained in those allegations was not ob- complaining employee may be disclosed by that erenced above in section 2.01(a) of these tained in a confidential proceeding. However, the em- employee, provided that the information con- rules. ploying office or its representatives may not disclose tained in those allegations was not obtained in that information if it was obtained in a confidential * * * * * a confidential proceeding. However, the employ- proceeding. ing office or its representatives may not disclose § 2.03 Counseling. (f) Sanctions. The Executive Director will advise all that information if it was obtained a confiden- (a) Initiating a Proceeding; Formal Request participants in mediation and hearing at the time they tial proceeding. for Counseling.ƒIn order≈ To initiate a pro- become participants of the confidentiality require- (e) Violation of Confidentiality. Any com- ceeding under these rules regarding an alleged ments of Section 416 of the Act and that sanctions plaint regarding a violation of the confiden- violation of the Act, as referred to in section 2.01(a), may be imposed by the Hearing Officer for a violation tiality provisions must be made to the Executive above, an employee shall file a written re- of those requirements. No sanctions may be imposed Director no later than 30 days after the date of quest for counseling with the Officeƒ.≈ ƒre- except for good cause and the particulars of which the alleged violation. Such complaints may be garding an alleged violation of the Act, as re- must be stated in the sanction order. referred by the Executive Director to a Hearing ferred to in section 2.01(a), above.¿ Individuals ƒ§ 1.07 Breach of Confidentiality Provisions. Officer. The Hearing Officer is also authorized wishing to file a formal request for counseling may (a) In General. Section 416(a) of the CAA pro- to initiate proceedings on his or her own initia- call the Office for a form to use for this purpose. ƒAll vides that counseling under section 402 shall be tive, or at the direction of the Board, if the al- requests for counseling shall be confidential, strictly confidential, except that the Office and leged violation occurred in the context of Board unless the employee agrees to waive his or her

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6231 right to confidentiality under section 2.03(e)(2), ployee. The Counselor provides information section 401 of the Act, that can provide a resolu- below.≈ regarding the Act and the Office and may act as tion of the matter(s) about which counseling (b) Who May Request Counseling. A covered a third-party intermediary with the goals of was requested. Pursuant to section 401 of the employee who, in good faith, believes that he or increasing the individual’s understanding of Act ƒand by agreement with the Architect of she has been or is the subject of a violation his or her rights and responsibilities under the Capitol and the Capitol Police Board≈, of the Act as referred to in section 2.01(a) the Act and of promoting the early resolu- when the Executive Director makes such a may formally request counseling. tion of the matter. recommendation, the following procedures (c) When, How and Where to Request Coun- ƒ(j)≈(i) Duration of Counseling Period. The shall apply: seling. A request for counseling must be in period for counseling shall be 30 days, begin- (i) The Executive Director shall rec- writing, and shall be filed pursuant to the re- ning on the date that the request for coun- ommend in writing to the employee that the quirements of section 2.03(a) of these Rules seling is ƒreceived by the Office≈ filed by the em- employee use the ƒgrievance≈ internal proce- with the Office of Compliance at Room LA– ployee in accordance with section 1.03(a) of these dures of the Architect of the Capitol or of 200, 110 Second Street, S.E., Washington, rules, unless the employee requests in writing on the Capitol Police, as appropriate, for a pe- D.C. 20540–1999; FAX 202–426–1913; TDD 202– a form provided by the Office to reduce the period riod generally up to 90 days, unless the Exec- 426–1912, not later than 180 days after the al- and the ƒOffice≈ Executive Director agrees ƒto utive Director determines, in writing, that a ƒ leged violation of the Act. reduce the period≈. longer period is appropriate for resolution of (d) ƒPurpose≈ Overview of the Counseling Pe- ƒ(h)≈(j) Role of Counselor in Attempting In- the employee’s complaint through the grievance riod. The Office will maintain strict confidentiality formal Resolution. In order to attempt to re- procedures of the Architect of the Capitol or the ≈ throughout the counseling period. The ƒpurpose of solve the matter brought to the attention of Capitol Police . Once the employee notifies the Of- the≈ counseling period ƒshall≈ should be used: the counselor, the counselor must obtain a fice that he or she is using the internal procedure, the to discuss the employee’s concerns and elicit waiver of confidentiality pursuant to section employee shall provide a waiver of confidentiality to information regarding the matter(s) which 2.03(e)(2) of these rules. If the employee exe- allow the Executive Director to notify the Architect of the employee believes constitute a viola- cutes such a waiver, the counselor may: the Capitol or the Capitol Police that the Executive Di- tion(s) of the Act; to advise the employee of (1) conduct a limited inquiry for the pur- rector has recommended that the employee use the internal procedure. his or her rights and responsibilities under pose of obtaining any information necessary to attempt an informal resolution or formal (ii) The period during which the matter is pending the Act and the procedures of the Office in the internal procedure shall not count against the settlement; under these rules; to evaluate the matter; time available for counseling or mediation under the and to assist the employee in achieving an (2) reduce to writing any formal settlement achieved and secure the signatures of the Act. early resolution of the matter, if possible. (iii) If the dispute is resolved to the employee’s satis- employee, his or her representative, if any, (e) Confidentiality and Waiver. faction, the employee shall so notify the Office within and a member of the employing office who is (1) Absent a waiver under paragraph 2, 20 days after the employee has been served with a below, all counseling shall be kept strictly authorized to enter into a settlement on the final decision resulting from the internal procedure. confidential and shall not be subject to discovery. employing office’s behalf; and, pursuant to ƒ(ii)≈ (iv) After ƒhaving contacted the Office All participants in counseling shall be advised of the section 414 of the Act and section 9.05 of and having utilized≈ using the ƒgrievance≈ in- requirement for confidentiality and that disclosure of these rules, seek the approval of the Execu- ternal procedures ƒof the Architect of the Cap- information deemed confidential could result in sanc- tive Director. Nothing in this subsection, itol or of the Capitol Police≈, the employee tions later in the proceedings. Nothing in these however, precludes the employee, the em- may notify the Office that he or she wishes rules shall prevent a counselor from con- ploying office or their representatives from to return to the procedures under these sulting with personnel within the Office con- reducing to writing any formal settlement. rules: cerning a matter in counseling, except that, (k) Duty to Proceed. An employee who initi- (A) within 60 days after the expiration of when the person being counseled is an em- ates a proceeding under this part shall be re- the period recommended by the Executive ployee of the Office, the counselor shall not sponsible at all times for proceeding, regard- Director, if the matter has not resulted in a consult with any individual within the Office less of whether he or she has designated a final decision or a decision not to proceed; or who might be a party or witness without the representative, and shall notify the Office in writ- (B) within 20 days after service of a final consent of the person requesting counseling. ing of any change in pertinent contact information, decision or a decision not to proceed, resulting Nothing contained in these rules shall pre- such as address, e-mail, fax number, etc. An em- from the ƒgrievance≈ internal procedures ƒof vent the Executive Director from compiling ployee, however, may withdraw from coun- the Architect of the Capitol or of the Capitol Po- ≈ and publishing statistical information such as that re- seling once without prejudice to the employ- lice Board . ƒ(iii)≈ The period during which the matter quired by Section 301(h)(3) of the Act, so long as ee’s right to reinstate counseling regarding is pending in the internal grievance proce- that statistical information does not reveal the same matter, provided that the request dure shall not count against the time avail- the identity of ƒthe employees≈ an individual to reinstate counseling is in writing and is ƒre- able for counseling or mediation under the ƒinvolved≈ or of employing of- ceived in≈ filed with the Office not later than employee an Act. If the grievance is resolved to the em- ficeƒs≈ that ƒare≈ is the subject of a specific 180 days after the date of the alleged violation of the Act and that counseling on a sin- ployee’s satisfaction, the employee shall so request for counseling. notify the Office within 20 days after the em- (2) ƒThe≈ In accord with section 416(a) of the Act, gle matter will not last longer than a total of 30 days. ployee has received service of the final deci- the employee and the Office may agree to sion resulting from the grievance procedure. waive confidentiality ƒof≈ during the coun- (l) Conclusion of the Counseling Period and Notice. The Executive Director shall notify If no request to return to the procedures seling process for the limited purpose of al- under these rules is received within 60 days ƒ the employee in writing of the end of the lowing the Office contacting the employing after the expiration of the period rec- ≈ ƒ ≈ counseling periodø,¿ by ƒcertified mail, return office to obtain information notify the employ- ommended by the Executive Director the Of- receipt requested,≈ first class mail, ƒor by≈ per- ing office of the allegations ƒto be used in coun- fice will issue a Notice of End of Counseling, sonal delivery evidenced by a written re- seling the employee or to attempt a resolution of as specified in section 2.04(i) of these Rules.≈ any disputed matter(s).≈ Such a limited waiv- ceipt, or electronic transmission. The Executive (v) If a request to return to counseling is not made er must be written on the form supplied by Director, as part of the notification of the by the employee within the time periods outlined the Office and signed by both the counselor end of the counseling period, shall inform above, the Office will issue a Notice of the End of and the employee. the employee of the right and obligation, Counseling. should the employee choose to pursue his or (2) Notice to Employees who Have Not Ini- ..... her claim, to file with the Office a request ƒ ≈ tiated Counseling with the Office. When an (g) Role of Counselor in Defining Concerns . for mediation within 15 days after receipt by ƒ ≈ employee of the Architect of the Capitol or The Counselor may shall: the employee of the notice of the end of the (1) obtain the name, home and office mail- the Capitol Police raises in the internal pro- counseling period. ing addresses, and home and office cedures of the Architect of the Capitol or of and e-mail (m) Employees of the Office of the Architect ƒ ≈ telephone numbers of the person being coun- the Capitol Police Board an allegation of the Capitol and Capitol Police. which may also be raised under the proce- seled; (1) Where an employee of the Office of the (2) obtain the name and title of the per- dures set forth in this subpart, the Architect Architect of the Capitol or of the Capitol Po- ƒ son(s) whom the employee claims has en- of the Capitol or the Capitol Police Board lice requests counseling under the Act and should≈ gaged in a violation of the Act, e-mail address, shall, in accordance with the MOU with the these rules, the Executive Director, in his or Office, advise the employee in writing that a if known, and the employing office in which her sole discretion, may recommend that the this person(s) works; request for counseling about the allegation employee use the ƒgrievance≈ internal proce- must be initiated with the Office within 180 ..... dures of the Architect of the Capitol or the days after the alleged violation of law oc- (5) obtain the name, business and e-mail ad- Capitol Police pursuant to a Memorandum of Un- curred if the employee intends to use the dresses, and telephone number of the employ- derstanding (MOU) between the Architect of the Cap- procedures of the Office. ee’s representative, if any, and whether the itol and the Office or the Capitol Police and the Office (3) Notice in Final Decisions when Employ- representative is an attorney. addressing certain procedural and notification require- ees Have Not Initiated Counseling with the ƒ(i)≈(h) Counselor Not a Representative. The ments. The term ‘‘ƒgrievance≈ internal proce- Office. When an employee raises in the inter- Counselor shall inform the person being dure(s)’’ refers to any internal procedure of nal procedures of the Architect of the Cap- counseled that the counselor does not rep- the Architect of the Capitol and the Capitol itol or of the Capitol Police ƒBoard≈ an alle- resent either the employing office or the em- Police, including grievance procedures referred to in gation which may also be raised under the

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6232 CONGRESSIONAL RECORD — HOUSE November 15, 2016 procedures set forth in this subpart, any request shall be written and filed with the maintain the independence of the mediation ƒfinal≈ decision issued ƒpursuant to the proce- ƒOffice≈ Executive Director no later than the process and the ƒneutral≈ Mediator. No indi- dures of the Architect of the Capitol or of the last day of the mediation period. The request vidual, who is appointed by the Executive Capitol Police Board should≈ under such proce- shall set forth the joint nature of the request Director to mediate, may conduct or aid in a dure, shall, pursuant to the MOU with the Office, in- and the reasons therefore, and specify when hearing conducted under section 405 of the clude notice to the employee of his or her the parties expect to conclude their discus- Act with respect to the same matter or shall right to initiate the procedures under these sions. Requests for additional extensions be subject to subpoena or any other compul- rules within 180 days after the alleged viola- may be made in the same manner. Approval sory process with respect to the same mat- tion occurred. of any extensions shall be within the sole ter. (4) Notice in Final Decisions when There discretion of the ƒOffice≈ Executive Director. ƒ(k) Confidentiality. Except as necessary to Has Been a Recommendation by the Execu- (f) Procedures. consult with the parties, the parties’ their coun- ƒ ≈ tive Director. When the Executive Director (1) The Neutral’s Mediator’s Role. After as- sel or other designated representatives, the par- ƒ ≈ has made a recommendation under para- signment of the case, the neutral Mediator ties to, the mediation, the neutral and the Office ƒ graph 1 above, the Architect of the Capitol will promptly contact the parties. The neu- shall not disclose, in whole or in part, any in- ≈ or the Capitol Police ƒBoard should≈ shall, pur- tral Mediator has the responsibility to con- formation or records obtained through, or pre- suant to the MOU with the Office, include with the duct the mediation, including deciding how pared specifically for, the mediation process. final decision notice to the employee of his many meetings are necessary and who may This rule shall not preclude a neutral from con- ƒ ≈ or her right to resume the procedures under participate in each meeting. The neutral sulting with the Office, except that when the may accept and may ask the parties these rules within 20 days after service on Mediator covered employee is an employee of the Office a to provide written submissions. the employee of the final decision and shall neutral shall not consult with any individual (2) The Agreement to Mediate. At the com- transmit a copy of the final decision, settle- mencement of the mediation, the ƒneutral≈ within the Office who might be a party or wit- ment agreement, or other final disposition of ness. This rule shall also not preclude the Office Mediator will ask the ƒparties≈ participants and/ the case to the Executive Director. from reporting statistical information to the or their representatives to sign an agreement § 2.04 Mediation. prepared by the Office (‘‘the Agreement to Senate and House of Representatives that does not reveal the identity of the employees or em- (a) øExplanation¿ Overview. Mediation is a Mediate’’). The Agreement to Mediate will process in which employees, employing of- set out the conditions under which medi- ploying offices involved in the mediation. All fices and their representatives, if any, meet ation will occur, including the requirement parties to the action and their representatives separately and/or jointly with a ƒneutral≈ that the participants adhere to the confiden- will be advised of the confidentiality requirements of this process and of the sanctions that Mediator trained to assist them in resolving tiality of the process and a notice that a breach disputes. As ƒparties to≈ the me- of the mediation agreement could result in sanctions might be imposed for violating these require- participants in ≈ diation, employees, employing offices, and later in the proceedings. The Agreement to Medi- ments. their representatives discuss alternatives to ate will also provide that the parties to the (k) Violation of Confidentiality in Mediation. An alle- continuing their dispute, including the possi- mediation will not seek to have the Coun- gation regarding a violation of the confidentiality pro- bility of reaching a voluntary, mutually sat- selor or the ƒneutral≈ Mediator participate, visions may be made by a party in a mediation to the isfactory resolution. The ƒneutral≈ Mediator testify or otherwise present evidence in any mediator during the mediation period and, if not re- has no power to impose a specific resolution, subsequent administrative action under section 405 or solved by agreement in mediation, to a hearing officer and the mediation process, whether or not a any civil action under section 408 of the Act during proceedings brought under Section 405 of the resolution is reached, is strictly confiden- or any other proceeding. Act tial, pursuant to section 416 of the Act. (g) Who May Participate. The covered em- ..... ployeeƒ,≈ and the employing officeƒ, their re- (b) Initiation. Not more than 15 days after § 2.05 Election of Proceeding. receipt by the employee of the notice of the spective representatives, and the Office may conclusion of the counseling period under meet, jointly or separately, with the neutral. A (a) Pursuant to section 404 of the Act, not ƒ section 2.03(l), the employee may file with representative of the employee and a representa- later than 90 days after a covered employee ≈ the Office a written request for mediation. tive of the employing who has actual authority receives notice of the end of mediation under Except to provide for the services of a Mediator and to agree to a settlement agreement on behalf of section 2.04(i) of these rules, but no sooner notice to the employing office, the invocation of medi- the employee or the employing office, as the case than 30 days after that date, the covered em- ation shall be kept confidential by the Office. The re- may be, must be present at the mediation or ployee may either: quest for mediation shall contain the em- must be immediately accessible by telephone ..... during the mediation.≈ may elect to participate in ployee’s name, home and e-mail addresses, (2) file a civil action in accordance with mediation proceedings through a designated represent- ƒand≈ telephone number, and the name of section 408 of the Act and section ƒ2.06≈ 2.07, ative, provided, that the representative has actual au- the employing office that is the subject of below, in the United States ƒDistrict Court≈ thority to agree to a settlement agreement or has im- the request. Failure to request mediation district court for the district in which the em- mediate access to someone with actual settlement au- within the prescribed period ƒwill≈ may pre- ployee is employed or for the District of Co- thority, and provided further, that should the Mediator clude the employee’s further pursuit of his or lumbia. deem it appropriate at any time, the physical presence her claim. If a request for mediation is not filed in mediation of any party may be specifically re- within 15 days of receipt of a Notice of the End of ..... quested. The Office may participate in the mediation Counseling, the case may be closed and the employee (b) A covered employee who files a civil ac- process, with permission of the Mediator and the par- ƒ ≈ will be so notified. tion pursuant to section 2.06 408 of the Act, ties. The Mediator will determine, as best serves the may not thereafter file a complaint under ..... interests of mediation, whether the participants may section ƒ5.01≈ 405 of the Act on the same mat- (d) Selection of ƒNeutrals≈ Mediators; Disquali- meet jointly or separately with the Mediator. ter. fication. Upon receipt of the request for medi- (h) Informal Resolutions and Settlement § 2.06 Certification of the Official Record ation, the Executive Director shall assign Agreements. At any time during mediation one or more ƒneutrals≈ Mediators from a master the parties may resolve or settle a dispute in (a) Certification of the Official Record shall contain list developed and maintained pursuant to section 403 accordance with section ƒ9.05≈ 9.03 of these the date the Request for Counseling was made; the of the Act, to commence the mediation proc- rules. date and method of delivery the Notification of End of ess. In the event that a ƒneutral≈ Mediator (i) Conclusion of the Mediation Period and Counseling Period was sent to the complainant; the considers him or herself unable to perform in Notice. If, at the end of the mediation period, date the Notice was deemed by the Office to have been a neutral role in a given situation, he or she the parties have not resolved the matter received by the complainant; the date the Request for shall withdraw from the matter and imme- that forms the basis of the request for medi- Mediation was filed; and the date the mediation pe- diately shall notify the Office of the with- ation, the Office shall provide the employee, riod ended. drawal. Any party may ask the Office to dis- and the employing office, and their rep- (b) At any time after a complaint has been filed qualify a ƒneutral≈ Mediator by filing a writ- resentatives, with written notice that the with the Office in accordance with section 405 of the ten request, including the reasons for such mediation period has concluded. The written Act and the procedure set out in section 5.01, below; ƒ ≈ ƒ request, with the Executive Director. This notice to the employee will be sent by cer- or a civil action filed in accordance with section 408 ≈ request shall be filed as soon as the party tified mail, return receipt requested, or will be of the Act and section 2.07, below, in the United States has reason to believe there is a basis for dis- personally delivered evidenced by a written District Court, a party may request and receive from ƒ qualification. The Executive Director’s deci- receipt, or sent by first class mail, e-mail, or fax. , the Office Certification of the Official Record. ≈ sion on this request shall be final and and it The notice will specify the date the mediation (c) Certification of the Official Record will not be ƒ ≈ unreviewable. period ended and also notify provide information provided until after a complaint has been filed with ƒ ≈ (e) Duration and Extension. about the employee’s of his or her right to the Office or the Office has been notified that a civil elect to file a complaint with the Office in action has been filed in district court...... accordance with section 405 of the Act and § ƒ2.06≈ 2.07 Filing of Civil Action. (2) The ƒOffice≈ Executive Director may ex- section 5.01 of these rules or to file a civil ac- tend the mediation period upon the joint tion pursuant to section 408 of the Act and ..... written request of the parties, or of the ap- section ƒ2.06≈ 2.07 of these rules. (c) Communication Regarding Civil Actions pointed mediator on behalf of the partiesƒ, to (j) Independence of the Mediation Process Filed with District Court. The party filing any the attention of the Executive Director≈. The and the ƒNeutral≈ Mediator. The Office will civil action with the United States District

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6233 Court pursuant to sections 404(2) and 408 of (1) Any covered employee or representative notice of de minimis violations shall be the Act shall provide a written notice to the of covered employees who believes that a issued even though, after being informed of Office that the party has filed a civil action, violation of section 215 of the CAA exists in an alleged violation by the General Counsel, specifying the district court in which the any place of employment ƒunder the jurisdic- the employing office immediately abates, or civil action was filed and the case number. tion of employing offices≈ may request an in- initiates steps to abate, such alleged viola- Failure to notify the Office that such action has been spection of such place of employment by giv- tion. Any citation shall be issued with rea- filed may result in delay in the preparation and re- ing notice of the alleged violation to the sonable promptness after termination of the ceipt of the Certification of the Official Record. General Counsel. Any such notice shall be re- inspection. No citation may be issued under SUBPART C—øRESERVED (SECTION 210—ADA PUBLIC duced to writing on a form available from this section after the expiration of 6 months SERVICES)¿ the Office, shall set forth with reasonable following the occurrence of any alleged vio- SUBPART D—COMPLIANCE, INVESTIGATION, EN- particularity the grounds for the notice, and lation unless the violation is continuing or the em- FORCEMENT AND VARIANCE PROC- shall be signed by the employee or the rep- ploying office has agreed to toll the deadline for filing ESS UNDER SECTION 215 OF THE resentative of the employees. A copy shall be the citation. CAA (OCCUPATIONAL SAFETY AND provided to the employing office or its agent HEALTH ACT OF 1970)—INSPEC- ..... TIONS, CITATIONS, AND COM- by the General Counsel or the General Coun- PLAINTS sel’s designee no later than at the time of in- * * * * * § 4.01 Purpose and Scope spection, except that, upon the written re- § 4.13 Posting of Citations. § 4.02 Authority for Inspection quest of the person giving such notice, his or (a) Upon receipt of any citation under sec- § 4.03 Request for Inspections by Employees her name and the names of individual em- tion 215 of the CAA, the employing office and Employing Offices ployees referred to therein shall not appear shall immediately post such citation, or a § 4.04 Objection to Inspection in such copy or on any record published, re- copy thereof, unedited, at or near each place § 4.05 Entry Not a Waiver leased, or made available by the General an alleged violation referred to in the cita- § 4.06 Advance Notice of Inspection Counsel. tion occurred, except as provided below. § 4.07 Conduct of Inspections ..... Where, because of the nature of the employ- § 4.08 Representatives of Employing Offices (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable and Employees quest of any employing office, the General to post the citation at or near each place of § 4.09 Consultation with Employees Counsel or the General Counsel’s designee alleged violation, such citation shall be post- § 4.10 Inspection Not Warranted; Informal Re- shall inspect and investigate places of em- ed, unedited, in a prominent place where it view ployment ƒunder the jurisdiction of employing will be readily observable by all affected em- § 4.11 Citations offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- § 4.12 Imminent Danger Any such requests shall be reduced to writ- fices are engaged in activities which are § 4.13 Posting of Citations ing on a form available from the Office. physically dispersed, the citation may be § 4.14 Failure to Correct a Violation for posted at the location to which employees Which a Citation Has Been Issued; Notice * * * * * report each day. Where employees do not pri- of Failure to Correct Violation; Com- § 4.10 Inspection Not Warranted; Informal Re- marily work at or report to a single location, plaint view. the citation may be posted at the location § 4.15 Informal Conferences (a) If the General Counsel’s designee deter- from which the employees operate to carry Rules of Practice for Variances, Limitations, Vari- mines that an inspection is not warranted out their activities. When a citation contains se- ations, Tolerances, and Exemptions because there are no reasonable grounds to curity information as defined in Title 2 of the U.S. § 4.20 Purpose and Scope believe that a violation or danger exists with Code, section 1979, the General Counsel may edit or § 4.21 Definitions respect to a notice of violation under section redact the security information from the copy of the § 4.22 Effect of Variances 4.03(a), he or she shall notify the party giv- citation used for posting or may provide to the em- § 4.23 Public Notice of a Granted Variance, ing the notice ƒin writing≈ of such deter- ploying office a notice for posting that describes the al- Limitation, Variation, Tolerance, or Ex- mination in writing. The complaining party leged violation without referencing the security infor- emption may obtain review of such determination by mation. The employing office shall take steps § 4.24 Form of Documents submitting and serving a written statement of to ensure that the citation or notice is not al- § 4.25 Applications for Temporary Variances position with the General Counselƒ,≈ and ƒ, tered, defaced, or covered by other material. and other Relief at the same time, providing≈ the employing of- Notices of de minimis violations need not be § 4.26 Applications for Permanent Variances fice ƒwith a copy of such statement by certified posted. and other Relief mail≈. The employing office may submit and (b) Each citation, notice, or a copy thereof, § 4.27 Modification or Revocation of Orders serve an opposing written statement of posi- shall remain posted until the violation has § 4.28 Action on Applications tion with the General Counselƒ,≈ and ƒ, at been abated, or for 3 working days, which- § 4.29 Consolidation of Proceedings the same time, provide≈ the complaining party ever is later. The pendency of any pro- § 4.30 Consent Findings and Rules or Orders ƒwith a copy of such statement by certified ceedings regarding the citation shall not af- § 4.31 Order of Proceedings and Burden of mail≈. Upon the request of the complaining fect its posting responsibility under this sec- Proof party or the employing office, the General tion unless and until the Board issues a final Inspections, Citations and Complaints Counsel, at his or her discretion, may hold order vacating the citation. an informal conference in which the com- ..... * * * * * plaining party and the employing office may § 4.02 Authority for Inspection. orally present their views. After considering * * * * * (a) Under section 215(c)(1) of the CAA, upon all written and oral views presented, the § 4.15 Informal Conferences. written request of any employing office or General Counsel shall affirm, modify, or re- At the request of an affected employing of- covered employee, the General Counsel is au- verse the designee’s determination and fur- fice, employee, or representative of employ- thorized to enter without delay and at rea- nish the complaining party and the employees, the General Counsel may hold an infor- sonable times any place where covered employees ing office with written notification of this mal conference for the purpose of discussing work (‘‘place of employment’’) ƒof employment decision and the reasons therefor. The deci- any issues raised by an inspection, citation, under the jurisdiction of an employing office≈; sion of the General Counsel shall be final and or notice issued by the General Counsel. Any to inspect and investigate during regular not reviewable. settlement entered into by the parties at working hours and at other reasonable ..... such conference shall be subject to the ap- times, and within reasonable limits and in a proval of the Executive Director under sec- § 4.11 Citations. reasonable manner, any such place of em- tion 414 of the CAA and section ƒ9.05≈ 9.03 of ployment, and all pertinent conditions, (a) If, on the basis of the inspection, the these rules. If the conference is requested by structures, machines, apparatus, devices, General Counsel believes that a violation of the employing office, an affected employee equipment and materials therein; to ques- any requirement of section 215 of the CAA, or the employee’s representative shall be af- ƒ ≈ tion privately any employing office, oper- or of including any occupational safety or health forded an opportunity to participate, at the ator, agent or employee; and to review standard promulgated by the Secretary of Labor discretion of the General Counsel. If the con- records maintained by or under the control of the under Title 29 of the U.S. Code, section 655, or of any ference is requested by an employee or rep- ƒ ≈ covered entity. ƒrequired by the CAA and regula- other regulation standard , rule or order pro- resentative of employees, the employing of- tions promulgated thereunder, and other records mulgated pursuant to section 215 of the CAA, fice shall be afforded an opportunity to par- which are directly related to the purpose of the has occurred, he or she shall issue to the em- ticipate, at the discretion of the General inspection.≈ ploying office responsible for correction of Counsel. Any party may be represented by the violation, ƒ ..... as determined under section counsel at such conference. 1.106 of the Board’s regulations implementing § 4.03 Requests for Inspections by Employees section 215 of the CAA,≈ either a citation or * * * * * and Covered Employing Offices. a notice of de minimis violations that ƒhave≈ SUBPART E—COMPLAINTS (a) By Covered Employees and Representa- has no direct or immediate relationship to § 5.01 Complaints tives. safety or health. An appropriate citation or § 5.02 Appointment of the Hearing Officer

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6234 CONGRESSIONAL RECORD — HOUSE November 15, 2016 § 5.03 Dismissal, Summary Judgment, and als, or explanations of each allegation made in reveal the identity of the employees involved or Withdrawal of Complaint the complaint and any affirmative defenses or of employing offices that are the subject of a § 5.04 Confidentiality other defenses to the complaint.≈ In answering a matter.≈ See also sections ƒ1.06≈ 1.08 ƒ1.07≈ § 5.01 Complaints. complaint, a party must state in short and plain terms 1.09 and 7.12 of these rules. (a) Who May File. its defenses to each claim asserted against it and admit SUBPART F—DISCOVERY AND SUBPOENAS or deny the allegations asserted against it by an oppos- (1) An employee who has completed the me- § 6.01 Discovery ing party. Failure to ƒfile an answer≈ deny an al- diation period under section 2.04 may timely § 6.02 Requests for Subpoenas file a complaint with the Office alleging any legation, other than one relating to the amount of § 6.03 Service or to raise a claim or defense as to violation of sections 201 through 207 of the damages, § 6.04 Proof of Service any allegation(s) shall constitute an admis- Actƒ.≈, under the Genetic Information Non- § 6.05 Motion to Quash sion of such allegation(s). Affirmative de- discrimination Act, or any other statute made applica- § 6.06 Enforcement fenses not raised in an answer that could ƒ ≈ ble under the Act. § 6.01 Discovery. (a) Explanation Descrip- have reasonably been anticipated based on (2) The General Counsel may timely file a tion. Discovery is the process by which a complaint alleging a violation of section 210, the facts alleged in the complaint shall be party may obtain from another person, in- 215 or 220 of the Act. deemed waived. A respondent’s motion for cluding a party, information, not privileged, (b) When to File. leave to amend an answer to interpose a de- reasonably calculated to lead to the dis- (1) A complaint may be filed by an em- nial or affirmative defense will ordinarily be covery of admissible evidence, for the pur- ployee no sooner than 30 days after the date granted unless to do so would unduly preju- pose of assisting that party in developing, of receipt of the notice under section 2.04(i), dice the rights of the other party or unduly preparing and presenting its case at the but no later than 90 days after receipt of that delay or otherwise interfere with or impede hearing. No discovery, oral or written, by any party the proceedings. ƒ notice. In cases where a complaint is filed with the shall This provision shall not be construed to (g) Motion to Dismiss. In addition to an answer, a ≈ Office sooner than 30 days after the date of receipt of permit any discovery, oral or written, to be respondent may file a motion to dismiss, or other re- the notice under section 2.04(i), the Executive Director, taken of or from an employees of the Office of sponsive pleading with the Office and serve one copy ƒ ≈ ƒ ≈ at his or her discretion, may return the complaint to Compliance, or the Counselor (s) , or Mediator on the complainant. Responses to any motions shall be ƒ the employee for filing during the prescribed period the neutral(s) involved in counseling and medi- in compliance with section 1.04(c) of these rules ≈ without prejudice and with an explanation of the pre- ation. , including files, records, or notes produced (h) Confidentiality. The fact that a complaint has scribed period of filing. during counseling and mediation and maintained by been filed with the Office by a covered employee shall the Office...... be kept confidential by the Office, except as allowed (b) Initial Disclosure. ƒOffice Policy Regarding (c) Form and Contents. by these rules. Discovery. It is the policy of the Office to en- (1) Complaints Filed by Covered Employees. A § 5.02 Appointment of the Hearing Officer. courage the early and voluntary exchange of complaint shall be in writing and may be writ- Upon the filing of a complaint, the Execu- relevant and material nonprivileged information ten or typed on a complaint form available tive Director will appoint an independent between the parties, including the names and from the Office. All complaints shall be Hearing Officer, who shall have the author- addresses of witnesses and copies of relevant signed by the covered employee, or his or her ity specified in sections 5.03 and 7.01(b) and material documents, and to encourage representative, and shall contain the fol- below. The Hearing Officer shall not be the Hearing Officers to develop procedures which lowing information: Counselor involved in or the ƒneutral≈ Medi- allow for the greatest exchange of relevant and (i) the name, mailing and address , e-mail es ator who mediated the matter under sections material information and which minimizes the and telephone number(s) of the complainant; 2.03 and 2.04 of these rules. need for parties to formally request such information.≈ Within 14 days after the pre-hearing con- ..... § 5.03 Dismissal, Summary Judgment and ference or as soon as the information is known, and (v) a brief description of why the complain- Withdrawal of Complaints. ant believes the challenged conduct is a vio- except as otherwise stipulated or ordered by the Hear- lation of the Act or the relevant sections of the ..... ing Officer, a party must, without awaiting a discovery (f) Withdrawal of Complaint by Complainant. Genetic Information Nondiscrimination Act and the request, provide to the other parties: the name and, if section(s) of the Act involved; At any time a complainant may withdraw known, mail and e-mail addresses and telephone num- his or her own complaint by filing a notice ber of each individual likely to have discoverable in- ..... with the Office for transmittal to the Hear- formation that the disclosing party may use to support (vii) the name, mailing and e-mail addresses, ing Officer and by serving a copy on the em- its claims or defenses; and a copy or a description by and telephone number of the representative, ploying office or representative. Any such category and location of all documents, electronically if any, who will act on behalf of the com- withdrawal must be approved by the Hearing stored information, and tangible things that the dis- plainant. Officer and may be with or without prejudice to closing party has in its possession, custody, or control (2) Complaints Filed by the General Counsel. refile at the Hearing Officer’s discretion, consistent and may use to support its claims or defenses. A complaint filed by the General Counsel with section 404 of the CAA. (c) Discovery Availability. Pursuant to sec- shall be in writing, signed by the General (g) Withdrawal of Complaint by the General tion 405(e) of the Act, the Hearing Officer in Counsel or his designee and shall contain the Counsel. At any time prior to the opening of his or her discretion may permit reasonable following information: the hearing the General Counsel may with- prehearing discovery. In exercising that dis- (i) the name, mail and e-mail addresses, if avail- draw his complaint by filing a notice with cretion, the Hearing Officer may be guided able, and telephone number of, as applicable, the Executive Director and the Hearing Offi- by the Federal Rules of Civil Procedure and (A) each entity responsible for correction of cer and by serving a copy on the respondent. the underlying statute. an alleged violation of section 210(b), (B) After opening of the hearing, any such with- (1) The ƒHearing Officer may authorize≈ par- each employing office alleged to have vio- drawal must be approved by the Hearing Of- ties may take discovery by one or more of the lated section 215, or (C) each employing officer and may be with or without prejudice to refile following methods: depositions upon oral ex- fice and/or labor organization alleged to have at the Hearing Officer’s discretion, consistent with sec- amination or written questions; written in- violated section 220, against which complaint tion 404 of the CAA. terrogatories; production of documents or is brought; (h) Withdrawal From a Case by a Representative. A things or permission to enter upon land or ..... representative must provide sufficient notice to the other property for inspection or other pur- (e) Service of Complaint. Upon receipt of a Hearing Officer and the parties of record of his or her poses; physical and mental examinations; complaint or an amended complaint, the Of- withdrawal. Until the party designates another rep- and requests for admission. fice shall serve the respondent, or its des- resentative in writing, the party will be regarded as (2) The Hearing Officer may adopt standing ignated representative, by hand delivery ƒor pro se. orders or make any order setting forth the certified mail≈ or first class mail, e-mail, or facsimile § 5.04 Confidentiality. forms and extent of discovery, including or- with a copy of the complaint or amended Pursuant to section 416(c) of the Act, ex- ders limiting the number of depositions, in- complaint and ƒa copy of these rules≈ written cept as provided in sub-sections 416(d), (e) terrogatories, and requests for production of notice of the availability of these rules at and (f), all proceedings and deliberations of documents, and may also limit the length of www.compliance.gov. A copy of these rules may also Hearing Officers and the Board, including depositions. be provided if requested by either party. The Office any related records, shall be confidential...... shall include a service list containing the Section 416(c) does not apply to proceedings (d) Claims of Privilege. names and addresses of the parties and their under section 215 of the Act, but does apply (1) Information Withheld. Whenever a party designated representatives. to the deliberations of Hearing Officers and withholds information otherwise discover- (f) Answer. Within 15 days after receipt of a the Board under section 215. A violation of able under these rules by claiming that it is copy of a complaint or an amended com- the confidentiality requirements of the Act privileged or confidential or subject to pro- plaint, the respondent shall file an answer and these rules ƒcould≈ may result in the im- tection as hearing or trial preparation mate- with the Office and serve one copy on the position of procedural or evidentiary sanctions. rials, the party shall make the claim ex- complainant. ƒThe answer shall contain a ƒNothing in these rules shall prevent the Execu- pressly in writing and shall describe the nature statement of the position of the respondent on tive Director from reporting statistical informa- of the documents, communications or things each of the issues raised in the complaint or tion to the Senate and House of Representatives, not produced or disclosed in a manner that, amended complaint, including admissions, deni- so long as that statistical information does not without revealing the information itself

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6235 privileged or protected, will enable other (1) Failure to Comply with an Order. When a the parties has concluded. ƒThat≈ The memo- parties to assess the applicability of the party fails to comply with an order (includ- randum may include: privilege or protection. A party must make a ing an order for the taking of a deposition, ..... claim for privilege no later than the due date for the for the production of evidence within the (3) the specific relief, including, where known, production of the information. (2) Information Pro- party’s control, or for production of wit- a calculation of ƒthe amount of≈ any monetary duced As Inadvertent Disclosure. If information pro- nesses), the Hearing Officer may: relief ƒ,≈ or damages that is being or will be ƒ ≈ duced in discovery is subject to a claim of privilege or (a) (A) draw an inference in favor of the requested; of protection as hearing preparation material, the requesting party on the issue related to the (4) the names of potential witnesses for the party making the claim may notify any party that re- information sought; party’s case, except for potential impeachment ƒ ≈ ceived the information of the claim and the basis for (b) (B) stay further proceedings until the or rebuttal witnesses, and the purpose for it. After being notified, a party must promptly return, order is obeyed; which they will be called and a list of docu- sequester, or destroy the specified information and any ƒ(c)≈(C) prohibit the party failing to comments that the party is seeking from the op- copies it has; must not use or disclose the information ply with such order from introducing evi- posing party, and, if discovery was per- until the claim is resolved; must take reasonable steps dence concerning, or otherwise relying upon, mitted, the status of any pending request for to retrieve the information if the party disclosed it be- evidence relating to the information sought; discovery. (It is not necessary to list each ƒ ≈ fore being notified; and may promptly present the in- (d) (D) permit the requesting party to in- document requested. Instead, the party may formation to the Hearing Officer or the Board under troduce secondary evidence concerning the refer to the request for discovery.); and seal for a determination of the claim. The producing information sought; party must preserve the information until the claim is ƒ(e)≈(E) strike, in whole or in part, ƒany part ..... (d) At the prehearing conference, the Hear- resolved. of≈ the complaint, briefs, answer, or other ing Officer may discuss the subjects specified § 6.02 Request for Subpoena. submissions of the party failing to comply with the order, as appropriate; in paragraph (c) above and the manner in (a) Authority to Issue Subpoenas. At the re- ƒ ƒ(f)≈(F) direct judgment against the non- which the hearing will be conducted and quest of a party, a Hearing Officer may issue ≈ complying party in whole or in part.ƒ; or≈ proceed . In addition, the Hearing Officer subpoenas for the attendance and testimony ƒ(g) order that the non-complying party, or may explore settlement possibilities and of witnesses and for the production of cor- the representative advising that party, pay all consider how the factual and legal issues respondence, books, papers, documents, or or part of the attorney’s fees and reasonable ex- might be simplified and any other issues other records. The attendance of witnesses penses of the other party or parties or of the Of- that might expedite the resolution of the dis- and the production of records may be re- fice, caused by such non-compliance, unless the pute. The Hearing Officer shall issue an quired from any place within the United Hearing Officer or the Board finds that the fail- order, which recites the action taken at the States. However, no subpoena requested by any ure was substantially justified or that other cir- conference and the agreements made by the may be issued for the attendance or tes- party cumstances make an award of attorney’s fees parties as to any of the matters considered timony of an employee ƒwith≈ the Office of of and/or expenses unjust.≈ and which limits the issues to those not dis- Compliance, a Counselor or a Mediator, acting in (2) Failure to Prosecute or Defend. If a party posed of by admissions, stipulations, or agree- their official capacity, including files, records, or notes fails to prosecute or defend a position, the ments of the parties. Such order, when en- produced during counseling and mediation and main- Hearing Officer may dismiss the action with tered, shall control the course of the pro- tained by the Office. Employing offices shall make prejudice or ƒrule for the complainant≈ decide ceeding, subject to later modification by the their employees available for discovery and hearing the matter, where appropriate. Hearing Officer by his or her own motion or without requiring a subpoena. upon proper request of a party for good cause ...... shown. (4) Filing of frivolous claims. If a party files a frivo- (d) Rulings. The Hearing Officer shall § 7.05 Scheduling the Hearing. lous claim, the Hearing Officer may dismiss the claim, promptly rule on the request for the subpoena. sua sponte, in whole or in part, with prejudice or de- ..... * * * * * cide the matter for the party alleging the filing of the (b) Motions for Postponement or a Continu- SUBPART G—HEARINGS frivolous claim. ance. Motions for postponement or for a con- § 7.01 The Hearing Officer (5) Failure to maintain confidentiality. An allegation tinuance by either party shall be made in ƒ ≈ § 7.02 Sanctions regarding a violation of the confidentiality provisions writing to the Office Hearing Officer, shall § 7.03 Disqualification of the Hearing Officer may be made to a Hearing Officer in proceedings set forth the reasons for the request, and § 7.04 Motions and Prehearing Conference under Section 405 of the CAA. If, after notice and shall state whether the opposing party con- § 7.05 Scheduling the Hearing hearing, the Hearing Officer determines that a party sents to such postponement. Such a motion § 7.06 Consolidation and Joinder of Cases has violated the confidentiality provisions, the Hearing may be granted by the Hearing Officer upon a § 7.07 Conduct of Hearing; Disqualification of Officer may: showing of good cause. In no event will a Representatives (A) direct that the matters related to the breach of hearing commence later than 90 days after § 7.08 Transcript confidentiality or other designated facts be taken as the filing of the complaint. § 7.09 Admissibility of Evidence established for purposes of the action, as the pre- § 7.06 Consolidation and Joinder of Cases. § 7.10 Stipulations vailing party claims; ..... § 7.11 Official Notice (B) prohibit the party breaching confidentiality (b) Authority. The Executive Director prior to the § 7.12 Confidentiality from supporting or opposing designated claims or de- assignment of a complaint to a Hearing Officer; a § 7.13 Immediate Board Review of a Ruling by fenses, or from introducing designated matters in evi- Hearing Officer during the hearing; or the Board ƒ, a Hearing Officer dence; the Office, or a Hearing Officer≈ during an appeal § 7.14 Proposed Findings of Fact and Conclusions of (C) strike the pleadings in whole or in part; may consolidate or join cases on their own Law; Posthearing Briefs (D) stay further proceedings until the breach of con- initiative or on the motion of a party if to do § 7.15 Closing the Record of the Hearing fidentiality is resolved to the extent possible; so would expedite processing of the cases and § 7.16 Hearing Officer Decisions; Entry in (E) dismiss the action or proceeding in whole or in not adversely affect the interests of the par- Records of the Office; Corrections to the part; or ties, taking into account the confidentiality Record; Motions to Alter, Amend or Vacate the (F) render a default judgment against the party requirements of section 416 of the Act. breaching confidentiality. Decision. § 7.07 Conduct of Hearing; Disqualification of § 7.01 The Hearing Officer. (c) No sanctions may be imposed under this section except for good cause and the particulars of which Representatives...... must be stated in the sanction order...... (b) Authority. Hearing Officers shall con- * * * * * (c) No later than the opening of the hear- duct fair and impartial hearings and take all ing, or as otherwise ordered by the Hearing necessary action to avoid undue delay in the § 7.04 Motions and Prehearing Conference. Officer, each party shall submit to the Hear- disposition of all proceedings. They shall ..... ing Officer and to the opposing party typed have all powers necessary to that end unless (b) Scheduling of the Prehearing Conference. lists of the hearing exhibits and the wit- otherwise limited by law, including, but not Within 7 days after assignment, the Hearing nesses expected to be called to testify, excluding limited to, the authority to: Officer shall serve on the parties and their impeachment or rebuttal witnesses ƒ, expected ..... designated representatives written notice to be called to testify≈. (14) maintain and enforce the confidentiality setting forth the time, date, and place of the ..... of proceedings; and prehearing conference, except that the Executive (f) Failure of either party to appear, present wit- ..... Director may, for good cause, extend up to an addi- nesses, or respond to an evidentiary order may result tional 7 days the time for serving notice of the pre- in an adverse finding or ruling by the Hearing Officer. § 7.02 Sanctions. hearing conference. At the discretion of the Hearing Officer, the hearing ..... (c) Prehearing Conference Memoranda. The may also be held in the absence of the complaining (b) The Hearing Officer may impose sanc- Hearing Officer may order each party to pre- party if the representative for that party is present. tions upon the parties under, but not limited pare a prehearing conference memorandum. ƒ(f)≈(g) If the Hearing Officer concludes to, the circumstances set forth in this sec- At his or her discretion, the Hearing Officer may di- that a representative of an employee, a wit- tion. rect the filing of the memorandum after discovery by ness, a charging party, a labor organization,

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6236 CONGRESSIONAL RECORD — HOUSE November 15, 2016 an employing office, or an entity alleged to met. The decision of the Hearing Officer to forward § 7.16 Hearing Officer Decisions; Entry in be responsible for correcting a violation has or decline to forward a request for review is not ap- Records of the Office; Corrections to the a conflict of interest, he or she may, after pealable. Record; Motions to Alter, Amend or Vacate the De- giving the representative an opportunity to (e) Grant of Interlocutory Review Within cision. respond, disqualify the representative. In Board’s Sole Discretion. Upon the Hearing Offi- ..... that event, within the time limits for hear- cer’s certification and decision to forward a request (b) The Hearing Officer’s written decision shall: ing and decision established by the Act, the for review, ƒT≈the Board, in its sole discretion, (1) state the issues raised in the complaint; affected party shall be afforded reasonable may grant interlocutory review. The Board’s (2) describe the evidence in the record; time to retain other representation. decision to grant or deny interlocutory review is not (3) contain findings of fact and conclusions of law, § 7.08 Transcript. appealable. and the reasons or bases therefore, on all the material ..... issues of fact, law, or discretion that were presented on ..... the record; (b) Corrections. Corrections to the official ƒ(g) Denial of Motion not Appealable; Man- (4) contain a determination of whether a violation transcript will be permitted. Motions for cor- damus. The grant or denial of a motion for a re- has occurred; and rection must be submitted within 10 days of quest for interlocutory review shall not be ap- (5) order such remedies as are appropriate under ƒ ≈ service of the transcript upon the party pealable. The Hearing Officer shall promptly the CAA. parties. Corrections of the official transcript bring a denial of such a motion, and the reasons ƒ(b)≈(c) Upon issuance, the decision and will be permitted only upon approval of the therefor, to the attention of the Board. If, upon order of the Hearing Officer shall be entered Hearing Officer. The Hearing Officer may consideration of the motion and the reason for into the records of the Office. make corrections at any time with notice to denial, the Board believes that interlocutory re- ƒ(c)≈(d) The Office shall promptly provide a the parties. view is warranted, it may grant the review sua copy of the decision and order of the Hearing * * * * * sponte. In addition, the Board may in its discre- Officer to the parties. ƒ(d)≈(e) If there is no appeal of a decision § 7.12 Confidentiality. tion, in extraordinary circumstances, entertain directly from a party a writ of mandamus to re- and order of a Hearing Officer, that decision (a) Pursuant to section 416 of the Act and view a ruling of a Hearing Officer.≈ becomes a final decision of the Office, which section 1.08 of these Rules, all proceedings and is subject to enforcement under section 8.03 ø(h)≈(g) Procedures before Board. Upon its deliberations of Hearing Officers and the of these rules. ƒacceptance of a ruling of the Hearing Officer Board, including the transcripts of hearings (f) Corrections to the Record. After a decision of the for≈ interlocutory review, the and any related records, shall be confiden- decision to grant Hearing Officer has been issued, but before an appeal Board shall issue an order setting forth the tial, except as specified in sections 416(d), (e), is made to the Board, or in the absence of an appeal, procedures that will be followed in the con- and (f) of the Act and section 1.08(d) of these before the decision becomes final, the Hearing Officer duct of that review. Rules. All parties to the proceeding and their may issue an erratum notice to correct simple errors ƒ ≈ representatives, and witnesses who appear at (i) (h) Review of a Final Decision. Denial of or easily correctible mistakes. The Hearing Officer the hearing, will be advised of the impor- interlocutory review will not affect a party’s may do so on motion of the parties or on his or her tance of confidentiality in this process and right to challenge rulings, which are other- own motion with or without advance notice. of their obligations, subject to sanctions, to wise appealable, as part of an appeal to the (g) After a decision of the Hearing Officer has been maintain it. This provision shall not apply Board under section 8.01 from the Hearing issued, but before an appeal is made to the Board, or to proceedings under section 215 of the Act, Officer’s decision issued under section 7.16 of in the absence of an appeal, before the decision be- but shall apply to the deliberations of Hear- these rules. comes final, a party to the proceeding before the ing Officers and the Board under that sec- § 7.14 Proposed Findings of Fact and Conclusions of Hearing Officer may move to alter, amend or vacate tion. Law; Posthearing Briefs. the decision. The moving party must establish that re- (b) Violation of Confidentiality. An allegation regard- ƒ ≈ ƒ ≈ lief from the decision is warranted because: (1) of mis- ing a violation of confidentiality occurring during a (a) May be Filed Required. The Hearing ƒ ≈ take, inadvertence, surprise, or excusable neglect; (2) hearing may be resolved by a Hearing Officer in pro- Officer may permit require the parties to file there is newly discovered evidence that, with reason- ceedings under Section 405 of the CAA. After pro- proposed findings of fact and conclusions of law and/ able diligence, could not have been discovered in time viding notice and an opportunity to the parties to be or posthearing briefs on the factual and the to move for a new hearing; (3) there has been fraud, heard, the Hearing Officer, in accordance with section legal issues presented in the case. misrepresentation, or misconduct by an opposing 1.08(f) of these Rules, may make a finding of a viola- ƒ(b) Length. No principal brief shall exceed 50 party; (4) the decision is void; or (5) the decision has tion of confidentiality and impose appropriate proce- pages, or 12,500 words, and no reply brief shall been satisfied, released, or discharged; it is based on dural or evidentiary sanctions, which may include any exceed 25 pages, or 6,250 words, exclusive of ta- an earlier decision that has been reversed or vacated; of the sanctions listed in section 7.02 of these Rules. bles and pages limited only to quotations of stat- or applying it prospectively is no longer equitable. The § 7.13 Immediate Board Review of a Ruling by utes, rules, and the like. Motions to file ex- motion shall be filed within 15 days after service of the a Hearing Officer. tended briefs shall be granted only for good Hearing Officer’s decision. No response shall be filed cause shown; the Hearing Officer may in his or ..... unless the Hearing Officer so orders. The filing and her discretion also reduce the page limits. Briefs pendency of a motion under this provision shall not (b) Time for Filing. A motion by a party for inter- in excess of 10 pages shall include an index and relieve a party of the obligation to file a timely appeal locutory review of a ruling of the Hearing Officer shall a table of authorities. or operate to stay the action of the Hearing Officer be filed with the Hearing Officer within 5 days after (c) Format. Every brief must be easily read- unless so ordered by the Hearing Officer. service of the ruling upon the parties. The motion able. Briefs must have double spacing between SUBPART H—PROCEEDINGS BEFORE THE BOARD shall include arguments in support of both interlocu- each line of text, except for quoted texts and § 8.01 Appeal to the Board tory review and the determination requested to be footnotes, which may be single-spaced.≈ made by the Board upon review. Responses, if any, § 8.02 Reconsideration shall be filed with the Hearing Officer within 3 days § 7.15 Closing the Record of the Hearing. § 8.03 Compliance with Final Decisions, Re- quests for Enforcement after service of the motion. (a) Except as provided in section 7.14, the § 8.04 Judicial Review ƒ(b)≈(c) Standards for Review. In deter- record shall be closed at the conclusion of § 8.05 Application for Review of an Executive Director mining whether to certify and forward a re- the hearing. However, when the Hearing Offi- Action quest for interlocutory review to the Board, cer allows the parties to submit argument, § 8.06 Exceptions to Arbitration Awards the Hearing Officer shall consider all of the briefs, documents or additional evidence pre- § 8.07 Expedited Review of Negotiability following: viously identified for introduction, the record § 8.08 Procedures of the Board in Impasse Proceedings ..... will remain open for as much time as the Hearing Of- § 8.01 Appeal to the Board. ƒ (c) Time for Filing. A motion by a party for ficer grants for that purpose ƒadditional evidence interlocutory review of a ruling of the Hearing previously identified for introduction, the Hear- (a) No later than 30 days after the entry of Officer shall be filed with the Hearing Officer ing Officer may allow an additional period be- the final decision and order of the Hearing Of- within 5 days after service of the ruling upon fore the conclusion of the hearing as is nec- ficer in the records of the Office, an ag- the parties. The motion shall include arguments essary for that purpose≈. grieved party may seek review of that deci- in support of both interlocutory review and the (b) Once the record is closed, no additional sion and order by the Board by filing with determination requested to be made by the evidence or argument shall be accepted into the Office a petition for review by the Board. Board upon review. Responses, if any, shall be the hearing record except upon a showing The appeal must be served on the opposing filed with the Hearing Officer within 3 days that new and material evidence has become party or its representative. after service of the motion.≈ available that was not available despite due ..... (d) Hearing Officer Action. If all the condi- diligence prior to the closing of the record or (3) ƒUpon written delegation by the Board,≈ tions set forth in paragraph ƒ(b)≈(c) above it is in rebuttal to new evidence or argument sub- In any case in which the Board has not rendered a de- are met, the Hearing Officer shall certify and mitted by the other party just before the record termination on the merits, the Executive Director forward a request for interlocutory review to closed. ƒHowever, the≈ The Hearing Officer is authorized to: determine any request for the Board for its immediate consideration. shall also make part of the record any ƒmo- extensions of time to file any post-petition Any such submission shall explain the basis tions for attorney fees, supporting documenta- for review document or submission with the on which the Hearing Officer concluded that tion, and determinations thereon, and≈ ap- Board ƒin any case in which the Executive Di- the standards in paragraph ø(b)¿(c) have been proved correction to the transcript. rector has not rendered a determination on the

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6237 merits,≈; determine any request for enlargement of tion 407 of the Act, and except as provided in with the Board, one original and seven copies of page limitation of any post-petition for review docu- sections 210(d)(5) and 215(c)(6) of the Act, a any submission and any responses must be filed ment or submission with the Board; or require proof party required to take any action under the with the Office. The Office, Hearing Officer, or of service where there are questions of proper service. terms of a final decision of the Office shall Board may also request a party to submit an ƒSuch delegation shall continue until revoked carry out its terms promptly, and shall with- electronic version of any submission in a des- by the Board.≈ in 30 days after the decision or order be- ignated format, with receipt confirmed by elec- ..... comes final and goes into effect by its terms, tronic transmittal in the same format. provide the Office and all other parties to (d) Upon appeal, the Board shall issue a (b) Service. The parties shall serve on each the proceedings with a compliance report written decision setting forth the reasons for other one copy of all motions, briefs, responses specifying the manner in which compliance its decision. The Board may dismiss the appeal and other documents filed with the Office, other with the provisions of the decision or order or affirm, reverse, modify or remand the de- than the request for counseling, the request for has been accomplished. If complete compli- cision and order of the Hearing Officer in mediation and complaint. Service shall be made ance has not been accomplished within 30 whole or in part. Where there is no remand by mailing or by hand delivering a copy of the days, the party required to take any such ac- the decision of the Board shall be entered in motion, brief, response or other document to tion shall submit a compliance report speci- the records of the Office as the final decision fying why compliance with any provision of each party, or if represented, the party’s rep- of the Board and shall be subject to judicial the decision or order has not yet been fully resentative, on the service list previously pro- review. vided by the Office. Each of these documents, (e) The Board may remand the matter to accomplished, the steps being taken to assure full compliance, and the anticipated must be accompanied by a certificate of service ƒthe≈ a Hearing Officer for further action or specifying how, when and on whom service was proceedings, including the reopening of the date by which full compliance will be achieved. A party may also file a petition for attor- made. It shall be the duty of each party to no- record for the taking of additional evidence. tify the Office and all other parties in writing of The decision by the Board to remand a case is not neys fees and/or damages unless the Board has, in its discretion, stayed the final decision of the Office dur- any changes in the names or addresses on the subject to judicial review under Section 407 of the Act. service list. The procedures for a remanded hearing shall be gov- ing the pendency of the appeal pursuant to Section 407 erned by subparts F, G, and H of these Rules. The of the Act. (c) Time Limitations for Response to Motions Hearing Officer shall render a decision or re- ..... or Briefs and Reply. Unless otherwise specified port to the Board, as ordered, at the conclu- (d) To the extent provided in Section 407(a) of the by the Hearing Officer or these rules, a party sion of proceedings on the remanded mat- Act and Section 8.04 of this section, the appropriate shall file a response to a motion or brief within ters. ƒUpon receipt of the decision or report, the ƒAny≈ party may petition the Board for en- 15 days of the service of the motion or brief Board shall determine whether the views of the forcement of a final decision of the Office or upon the party. Any reply to such response parties on the content of the decision or report the Board. The petition shall specifically set shall be filed and served within 5 days of the should be obtained in writing and, where nec- forth the reasons why the petitioner believes service of the response. Only with the Hearing essary, shall fix by order the time for the sub- enforcement is necessary. Officer’s advance approval may either party file ≈ additional responses or replies. mission of those views. A decision of the ..... Board following completion of the remand (d) Size Limitations. Except as otherwise spec- shall be entered in the records of the Office * * * * * ified by the Hearing Officer or these rules, no as the final decision of the Board and shall § 8.05 Application for Review of an Executive Director brief, motion, response, or supporting memo- be subject to judicial review under Section 407 Action. randum filed with the Office shall exceed 35 of the Act. For additional rules on the procedures pertaining to pages, or 8,750 words, exclusive of the table of ..... the Board’s review of an Executive Director action in contents, table of authorities and attachments. (h) Record. The docket sheet, complaint and Representation proceedings, refer to Parts 2422.30–31 The Board, the Office, Executive Director, or any amendments, notice of hearing, answer of the Substantive Regulations of the Board, available Hearing Officer may waive, raise or reduce this and any amendments, motions, rulings, or- at www.compliance.gov. limitation for good cause shown or on its own ders, stipulations, exhibits, documentary § 8.06 Expedited Review of Negotiability Issues. initiative. Briefs, motions, responses, and sup- evidence, any portions of depositions admit- porting memoranda shall be on standard letter- For additional rules on the procedures pertaining to ted into evidence, size paper (8-1/2″ x 11″). docketed Memoranda for the the Board’s expedited review of negotiability issues, Record, or correspondence between the Office and the refer to Part 2424 of the Substantive Regulations of § 9.02 Signing of Pleadings, Motions and Other parties, and the transcript of the hearing (to- the Board, available at www.compliance.gov. Filings; Violation of Rules; Sanctions gether with any electronic recording of the § 8.07 Review of Arbitration Awards. hearing if the original reporting was per- Every pleading, motion, and other filing of a formed electronically) together with the For additional rules on the procedures pertaining to party represented by an attorney or other des- Hearing Officer’s decision and the petition the Board’s review of arbitration awards, refer to Part ignated representative shall be signed by the at- for review, any response thereto, any reply 2425 of the Substantive Regulations of the Board, torney or representative. A party who is not rep- to the response and any other pleadings shall available at www.compliance.gov. resented shall sign the pleading, motion or other constitute the record in the case. § 8.08 Procedures of the Board in Impasse Pro- filing. The signature of a representative or party ..... ceedings. constitutes a certificate by the signer that the (j) An appellant may move to withdraw a petition For additional rules on the procedures of the Board signer has read the pleading, motion, or other for review at any time before the Board renders a de- in impasse proceedings, refer to Part 2471 of the Sub- filing; that to the best of the signer’s knowledge, cision. The motion must be in writing and submitted stantive Regulations of the Board, available at information, and belief formed after reasonable to the Board. The Board, at its discretion, may grant www.compliance.gov. inquiry, it is well grounded in fact and is war- such a motion and take whatever action is required. SUBPART I—OTHER MATTERS OF GENERAL AP- ranted by existing law or a good faith argument § 8.02 Reconsideration. PLICABILITY for the extension, modification, or reversal of ex- ƒ§ 9.01 Filing, Service and Size Limitations isting law, and that it is not interposed for any After a final decision or order of the Board of Motions, Briefs, Responses and other Docu- improper purpose, such as to harass or to cause has been issued, a party to the proceeding ments. unnecessary delay or needless increase in the before the Board, who can establish in its cost of litigation. If a pleading, motion, or other moving papers that reconsideration is nec- § 9.02 Signing of Pleadings, Motions and filing is not signed, it shall be stricken unless it essary because the Board has overlooked or Other Filings; Violations of Rules; Sanc- is signed promptly after the omission is called to misapprehended points of law or fact, may tions≈ the attention of the person who is required to move for reconsideration of such final deci- ƒ ≈ § 9.03 § 9.01 Attorney’s Fees and Costs sign. If a pleading, motion, or other filing is sion or order. The motion shall be filed with- ƒ ≈ § 9.04 § 9.02 Ex parte Communications signed in violation of this rule, a Hearing Offi- in 15 days after service of the Board’s deci- ƒ ≈ § 9.05 § 9.03 Informal Resolutions and Settlement cer or the Board, as appropriate, upon motion sion or order. No response shall be filed un- Agreements or upon its own initiative, shall impose upon the less the Board so orders. The filing and pend- ƒ ≈ § 9.06 § 9.04 Revocation, Amendment or Waiver of person who signed it, a represented party, or ency of a motion under this provision shall Rules both, an appropriate sanction, which may in- not relieve a party of the obligation to file a ƒ§ 9.01 Filing, Service, and Size Limitations of clude an order to pay to the other party or par- timely appeal or operate to stay the action Motions, Briefs, Responses and Other Docu- ties the amount of the reasonable expenses in- of the Board unless so ordered by the Board. ments. curred because of the filing of the pleading, mo- The decision to grant or deny a motion for reconsider- (a) Filing with the Office; Number. One origi- tion, or other filing, including a reasonable at- ation is within the sole discretion of the Board and is nal and three copies of all motions, briefs, re- torney’s fee. A Hearing Officer, the Executive not appealable. sponses, and other documents, must be filed, Director, or the Board, as appropriate, upon § 8.03 Compliance with Final Decisions, Re- whenever required, with the Office or Hearing motion or its own initiative may also impose an quests for Enforcement. Officer. However, when a party aggrieved by appropriate sanction, which may include the (a) Unless the Board has, in its discretion, the decision of a Hearing Officer or a party to sanctions specified in section 7.02, for any other stayed the final decision of the Office during any other matter or determination reviewable by violation of these rules that does not result from the pendency of an appeal pursuant to sec- the Board files an appeal or other submission reasonable error.≈

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE H6238 CONGRESSIONAL RECORD — HOUSE November 15, 2016 ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs document before the agreement can be sub- REPORTS OF COMMITTEES ON (a) Request. No later than ƒ20≈ 30 days after mitted to the Executive Director for signature. PUBLIC BILLS AND RESOLUTIONS A formal settlement agreement should not be sub- the entry of a final ƒHearing Officer’s≈ deci- Under clause 2 of rule XIII, reports of ƒ mitted to the Executive Director for signature until the sion of the Office, under section 7.16, or after committees were delivered to the Clerk service of a Board decision by the Office the appropriate revocation periods have expired. A for- complainant, if he or she is a≈ the prevailing mal settlement agreement cannot be re- for printing and reference to the proper partyƒ,≈ may submit to the Hearing Officer scinded after the signatures of all parties calendar, as follows: or Arbitrator who ƒheard≈ decided the case ini- have been affixed to the agreement, unless Mr. MCCAUL: Committee on Homeland Se- tially a motion for the award of reasonable by written revocation of the agreement vol- curity. H.R. 5843. A bill to establish a grant attorney’s fees and costs, following the form untarily signed by all parties, or as other- program at the Department of Homeland Se- specified in paragraph (b) below. ƒAll motions wise permitted by law. curity to promote cooperative research and (d) Violation of a Formal Settlement Agree- for attorney’s fees and costs shall be submitted development between the United States and ment. If a party should allege that a formal to the Hearing Officer.≈ The Hearing Officer or Israel on cybersecurity; with an amendment settlement agreement has been violated, the Arbitrator, after giving the respondent an op- (Rept. 114–826). Referred to the Committee of issue shall be determined by reference to the portunity to reply, shall rule on the motion. the Whole House on the state of the Union. formal dispute resolution procedures of the Decisions regarding attorney’s fees and costs Mr. MCCAUL: Committee on Homeland Se- agreement. Settlements should include specific dis- are collateral and do not affect the finality curity. H.R. 5877. A bill to amend the Home- pute resolution procedures. If the ƒparticular≈ for- or appealability of a final decision issued by land Security Act of 2002 and the United ƒ ≈ ƒ mal settlement agreement does not have a States-Israel Strategic Partnership Act of the Hearing Officer Office. A ruling on a mo- stipulated method for dispute resolution of tion for attorney’s fees and costs may be ap- 2014 to promote cooperative homeland secu- an alleged violation ƒof the agreement≈, the pealed together with the final decision of the rity research and antiterrorism programs re- Office may provide assistance in resolving the dispute, Hearing Officer. If the motion for attorney’s fees lating to cybersecurity; and for other pur- including the services of a Mediator at the discretion poses; with an amendment (Rept. 114–827, Pt. is ruled on after the final decision has been of the Executive Director. ƒthe following dispute issued by the Hearing Officer, the ruling may be 1). Referred to the Committee of the Whole resolution procedure shall be deemed to be a House on the state of the Union. appealed in the same manner as a final deci- part of each formal settlement agreement ap- ≈ DISCHARGE OF COMMITTEE sion, pursuant to section 8.01 of these Rules. proved by the Executive Director pursuant to Pursuant to clause 2 of rule XIII, the (b) Form of Motion. In addition to setting section 414 of the Act:≈ Where the settlement agree- forth the legal and factual bases upon which ment does not have a stipulated method for resolving Committee on Foreign Affairs dis- the attorney’s fees and/or costs are sought, a violation allegations, ƒAny complaint≈ an allegation charged from further consideration. motion for an award of attorney’s fees and/or ƒregarding≈ of a violation ƒof a formal settle- H.R. 5877 referred to the Committee of costs shall be accompanied by: ment agreement≈ may be filed with the Execu- the Whole House on the state of the ..... tive Director, but no later than 60 days after Union. (3) the attorney’s customary billing rate the party to the agreement becomes aware of ƒ f for similar work with evidence that the rate is con- the alleged violation. Such complaints may sistent with the prevailing community rate for similar be referred by the Executive Director to a Hear- PUBLIC BILLS AND RESOLUTIONS services in the community in which the attorney ordi- ing Officer for a final decision. The procedures Under clause 2 of rule XII, public for hearing and determining such complaints narily practices; ƒand≈ bills and resolutions of the following (4) an itemization of costs related to the shall be governed by subparts F, G, and H of ≈ titles were introduced and severally re- matter in questionƒ.≈ these Rule. allegations will be reviewed, inves- ; and ferred, as follows: (5) evidence of an established attorney-client rela- tigated or mediated by the Executive Director or des- tionship. ignee, as appropriate. By Mr. DENHAM (for himself, Mr. ø§ 9.06≈ § 9.04 Payments required pursuant to MCCLINTOCK, Mr. COOK, Mr. ROYCE, ƒ§ 9.04≈ § 9.02 Ex parte Communications Decisions, Awards, or Settlements under Mr. CALVERT, Mr. ROHRABACHER, Mr. (a) Definitions. section 415(a) of the Act LAMALFA, Mr. KNIGHT, Mr. VALADAO, ..... Whenever a final decision or award pursu- Mr. ISSA, Mr. ROUZER, and Mr. HUN- (3) For purposes of section ƒ9.04≈ 9.02 , the ant to sections 405(g), 406(e), 407, or 408 of the TER): term proceeding means the complaint and Act, or an approved settlement pursuant to H.R. 6316. A bill to stop the Secretary of hearing proceeding under section 405 of the section 414 of the Act, require the payment the Army from recouping a bonus or similar CAA, an appeal to the Board under section of funds pursuant to section 415(a) of the Act, benefit provided to members of the Cali- 406 of the CAA, a pre-election investigatory the decision, award, or settlement shall be fornia Army National Guard between Janu- hearing under section 220 of the CAA, and submitted to the Executive Director to be ary 1, 2004, and December 31, 2010, unless the any other proceeding of the Office estab- processed by the Office for requisition from Secretary can prove that the member know- lished pursuant to regulations issued by the the account of the Office of Compliance in ingly secured the bonus or similar benefit Board under the CAA the Department of the Treasury, and pay- through fraud or misrepresentation or know- ment. No payment shall be made from such account ingly failed to perform the service require- ..... until the time for appeal of a decision has expired, un- ment upon which the bonus or similar ben- (c) Prohibited Ex Parte Communications and less a settlement has been reached in the absence of a efit was conditioned, and for other purposes; Exceptions. decision to be appealed. to the Committee on Armed Services...... ƒ§ 9.07≈ § 9.05 Revocation, Amendment or By Mr. O’ROURKE (for himself, Mr. (2) The Hearing Officer or the Office may initiate Waiver of Rules JONES, and Ms. JUDY CHU of Cali- attempts to settle a matter at any time. The parties (a) The Executive Director, subject to the fornia): H.R. 6317. A bill to amend title 38, United may agree to waive the prohibitions against ex parte approval of the Board, may revoke or amend States Code, to ensure that veterans with communications during settlement discussions, and these rules by publishing proposed changes service-connected disabilities related to they may agree to any limits on the waiver. in the Congressional Record and providing mental health are not barred, because of for a comment period of not less than 30 —Renumber subsequent paragraphs— such disabilities, from readjustment coun- days. Following the comment period, any seling and related mental health services ..... changes to the rules are final once they are under such title, and for other purposes; to ƒ§ 9.05≈ § 9.03 Informal Resolutions and Settle- published in the Congressional Record. the Committee on Veterans’ Affairs. ment Agreements. (b) The Board or a Hearing Officer may By Mr. CUMMINGS (for himself, Mr...... waive a procedural rule contained in this Part in an individual case for good cause CLAY, Ms. PLASKETT, Mr. CONNOLLY, (b) Formal Settlement Agreement. The parties shown if application of the rule is not re- Mr. TED LIEU of California, Mr. may agree formally to settle all or part of a quired by law. LYNCH, Mr. BRENDAN F. BOYLE of disputed matter in accordance with section Pennsylvania, Mr. COOPER, Mr. 414 of the Act. In that event, the agreement f DESAULNIER, Ms. NORTON, Ms. KELLY shall be in writing and submitted to the Ex- EXECUTIVE COMMUNICATIONS, of Illinois, Mrs. LAWRENCE, Mrs. WAT- ecutive Director for review and approval. The ETC. SON COLEMAN, Mrs. CAROLYN B. settlement is not effective until it has been approved MALONEY of New York, Mr. WELCH, by the Executive Director. If the Executive Direc- Under clause 2 of rule XIV, Ms. MICHELLE LUJAN GRISHAM of New tor does not approve the settlement, such 7466. A letter from the Executive Director, Mexico, and Ms. DUCKWORTH): disapproval shall be in writing, shall set Office of Compliance, transmitting notice of H.R. 6318. A bill to amend title 5, United forth the grounds therefor, and shall render adopted amendments to the Rules of Proce- States Code, to provide an increase in pre- the settlement ineffective. dure, pursuant to 2 U.S.C. 1383(b); Public Law mium pay for certain Federal employees per- (c) Requirements for a Formal Settlement 104-1, Sec. 303(b) (109 Stat. 28), was taken forming protective services during any year Agreement. A formal settlement agreement from the Speaker’s table, referred jointly to in which a presidential election is held, and requires the signature of all parties or their the Committees on House Administration for other purposes; to the Committee on designated representatives on the agreement and Education and the Workforce. Oversight and Government Reform.

VerDate Sep 11 2014 04:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE November 15, 2016 CONGRESSIONAL RECORD — HOUSE H6239 By Mr. GARAMENDI: H.R. 6323. A bill to name the Department of Article I, Section 8. H.R. 6319. A bill to absolve debts resulting Veterans Affairs health care system in Long f from the payment of certain recruitment and Beach, California, the ‘‘Tibor Rubin VA Med- reenlistment bonuses to members of the ical Center’’; to the Committee on Veterans’ ADDITIONAL SPONSORS California National Guard, and for other pur- Affairs. poses; to the Committee on Armed Services. By Mr. WITTMAN (for himself, Mr. Under clause 7 of rule XII, sponsors By Mr. VEASEY: GENE GREEN of Texas, Ms. GRANGER, were added to public bills and resolu- H.R. 6320. A bill to include information re- Ms. ROYBAL-ALLARD, and Mr. MCGOV- tions, as follows: garding VA home loans in the Informed Con- ERN): sumer Choice Disclosure required to be pro- H.R. 20: Ms. GRAHAM. H. Con. Res. 172. Concurrent resolution ex- H.R. 379: Mr. ELLISON and Mr. SCHIFF. vided to a prospective FHA borrower who is pressing the sense of Congress that public a veteran, to amend title 10, United States H.R. 525: Ms. ESTY. health professionals should be commended H.R. 546: Mr. LATTA, Mr. MICA, Mr. Code, to authorize the provision of a certifi- for their dedication and continued service to cate of eligibility for VA home loans during RENACCI, and Mr. LOBIONDO. the United States on ‘‘Public Health Thank H.R. 711: Mr. BRADY of Pennsylvania. the preseparation counseling for members of You Day’’, November 21, 2016; to the Com- the Armed Forces, and for other purposes; to H.R. 793: Mr. DOGGETT. mittee on Energy and Commerce. the Committee on Financial Services, and in H.R. 799: Mrs. DINGELL. addition to the Committee on Armed Serv- f H.R. 836: Mr. SANFORD. H.R. 841: Mr. SMITH of Texas. ices, for a period to be subsequently deter- CONSTITUTIONAL AUTHORITY mined by the Speaker, in each case for con- H.R. 923: Mr. BYRNE. sideration of such provisions as fall within STATEMENT H.R. 973: Mr. SCOTT of Virginia. the jurisdiction of the committee concerned. Pursuant to clause 7 of rule XII of H.R. 1188: Mr. PALLONE. By Mr. GRAYSON: the Rules of the House of Representa- H.R. 1220: Mr. MOULTON and Mr. THORN- H.R. 6321. A bill to reauthorize the Inte- tives, the following statements are sub- BERRY. grated Coastal and Ocean Observation Sys- mitted regarding the specific powers H.R. 1247: Ms. KELLY of Illinois. tem Act of 2009 and for other purposes; to the H.R. 1287: Mr. LABRADOR. Committee on Science, Space, and Tech- granted to Congress in the Constitu- H.R. 1355: Mr. BISHOP of Georgia. nology, and in addition to the Committee on tion to enact the accompanying bill or H.R. 1391: Mr. KILMER. Natural Resources, for a period to be subse- joint resolution. H.R. 1453: Mr. HARRIS. quently determined by the Speaker, in each By Mr. DENHAM: H.R. 1559: Mr. SCOTT of Virginia. case for consideration of such provisions as H.R. 6316. H.R. 1571: Mr. TIPTON. fall within the jurisdiction of the committee Congress has the power to enact this legis- H.R. 1598: Ms. SLAUGHTER. concerned. lation pursuant to the following: H.R. 1608: Ms. SEWELL of Alabama, Mr. By Mr. HONDA (for himself, Mr. Article I, Section 8 of the United States KATKO, Mr. SERRANO, Mr. HILL, and Mr. ROYCE, Mr. BERA, Ms. BORDALLO, Mr. Constitution, specifically Clause 1 (relating MICA. BRADY of Pennsylvania, Mr. CAL- to providing for the common defense and H.R. 1686: Ms. SEWELL of Alabama. VERT, Mr. CARTER of Georgia, Mr. general welfare of the United States) and H.R. 1706: Ms. CASTOR of Florida. CASTRO of Texas, Mr. CHABOT, Ms. Clause 18 (relating to the power to make all H.R. 1814: Mr. VISCLOSKY. JUDY CHU of California, Mr. COSTA, laws necessary and proper for carrying out H.R. 2216: Ms. ROYBAL-ALLARD. Mr. DENT, Mr. DESAULNIER, Ms. the powers vested in Congress). H.R. 2224: Mr. MCNERNEY and Ms. JUDY CHU ESHOO, Mr. FARR, Mr. FLEISCHMANN, By Mr. O’ROURKE: of California. ARAMENDI L REEN Mr. G , Mr. A G of H.R. 6317. H.R. 2280: Mr. SMITH of Washington. Texas, Mr. HANNA, Mr. HARPER, Mr. Congress has the power to enact this legis- H.R. 2412: Ms. GRAHAM. HECK of Nevada, Mr. HILL, Mr. lation pursuant to the following: H.R. 2450: Mr. MOULTON, Ms. MENG, and LAMALFA, Ms. LEE, Mr. TED LIEU of Under Article I, Section 8 of the Constitu- Mrs. LOWEY. California, Ms. LOFGREN, Mr. tion, Congress has the power ‘‘to make all H.R. 2493: Ms. ROYBAL-ALLARD, Mr. HIMES, LOWENTHAL, Mrs. LUMMIS, Mr. Laws which shall be necessary and proper for Mr. BRADY of Pennsylvania, Mr. CASTRO of MARINO, Ms. MATSUI, Mr. MCKINLEY, carrying into Execution the foregoing Pow- Texas, and Ms. ESTY. Ms. MENG, Mrs. NAPOLITANO, Mr. ers, and all other Powers vested by this Con- H.R. 2500: Mr. RENACCI. NUNES, Mr. ROHRABACHER, Mr. SALM- stitution in the Government of the United H.R. 2553: Ms. GRAHAM. ON, Mr. SHUSTER, Mr. SMITH of Mis- States, or any Department or Officer there- H.R. 2622: Mr. MASSIE and Mrs. COMSTOCK. souri, Mr. SWALWELL of California, of’’. H.R. 2692: Ms. VELA´ ZQUEZ. Mr. TAKANO, Mr. THOMPSON of Cali- By Mr. CUMMINGS: H.R. 2694: Ms. GRAHAM. fornia, Mr. VALADAO, Mr. VARGAS, H.R. 6318. H.R. 2887: Mr. LANGEVIN. Mrs. MIMI WALTERS of California, Mr. Congress has the power to enact this legis- H.R. 2963: Ms. GRAHAM. YOUNG of Alaska, Mr. REICHERT, Ms. lation pursuant to the following: H.R. 2972: Ms. GRAHAM, Mr. BUTTERFIELD, GABBARD, and Mr. FARENTHOLD): Article I, Section 8, Clause 18: and Mr. MEEKS. H.R. 6322. A bill to award a Congressional To make all Laws which shall be necessary H.R. 3012: Mr. CARSON of Indiana. Gold Medal to Norman Yoshio Mineta in rec- and proper for carrying into Execution the H.R. 3119: Mr. LARSEN of Washington. ognition of his courageous, principled dedi- foregoing Powers, and all other Powers vest- H.R. 3163: Ms. GRAHAM. cation to public service, civic engagement, ed by this Constitution in the Government of H.R. 3166: Ms. NORTON, Ms. CLARKE of New and civil rights; to the Committee on Finan- the United States or in any Department of York, Mr. PETERSON, Mr. HONDA, and Ms. cial Services. Officer thereof. LEE. By Mr. LOWENTHAL (for himself, Mr. By Mr. GARAMENDI: H.R. 3238: Ms. VELA´ ZQUEZ. LAMALFA, Mr. HUFFMAN, Mr. H.R. 6319. H.R. 3339: Mr. COSTELLO of Pennsylvania. GARAMENDI, Mr. MCCLINTOCK, Mr. Congress has the power to enact this legis- H.R. 3520: Mrs. COMSTOCK, Mr. ISRAEL, Mr. THOMPSON of California, Ms. MATSUI, lation pursuant to the following: SMITH of Washington, and Mr. MULLIN. Mr. BERA, Mr. COOK, Mr. MCNERNEY, Article 1, Section 8 of the Constitution. H.R. 3535: Ms. LOFGREN and Ms. STEFANIK. Mr. DENHAM, Mr. DESAULNIER, Ms. By Mr. VEASEY: PELOSI, Ms. LEE, Ms. SPEIER, Mr. H.R. 6320. H.R. 3656: Ms. GABBARD and Mr. ENGEL. SWALWELL of California, Mr. COSTA, Congress has the power to enact this legis- H.R. 3666: Mr. SEAN PATRICK MALONEY of Mr. HONDA, Ms. ESHOO, Ms. LOFGREN, lation pursuant to the following: New York, Mr. DELANEY, and Mrs. KIRK- Mr. FARR, Mr. VALADAO, Mr. NUNES, Article 1, Section 8 of the United States PATRICK. Mrs. CAPPS, Mr. KNIGHT, Ms. Constitution H.R. 3706: Mr. HUIZENGA of Michigan, Mr. BROWNLEY of California, Ms. JUDY By Mr. GRAYSON: SEAN PATRICK MALONEY of New York, Mr. CHU of California, Mr. SCHIFF, Mr. H.R. 6321. CARTWRIGHT, Mr. HONDA, Ms. SEWELL of Ala- CA´ RDENAS, Mr. SHERMAN, Mr. Congress has the power to enact this legis- bama, Mr. ROONEY of Florida, Mr. CRAMER, AGUILAR, Mrs. NAPOLITANO, Mr. TED lation pursuant to the following: Ms. JACKSON LEE, Mr. GRAVES of Missouri, LIEU of California, Mr. BECERRA, Mrs. Article I, Section 8, of the United States Mr. JEFFRIES, Mr. SIMPSON, Mr. AL GREEN of TORRES, Mr. RUIZ, Ms. BASS, Ms. Constitution. Texas, Ms. HAHN, Mr. ABRAHAM, Ms. GRAHAM, LINDA T. SA´ NCHEZ of California, Mr. By Mr. HONDA: and Mr. THOMPSON of California. ROYCE, Ms. ROYBAL-ALLARD, Mr. H.R. 6322. H.R. 3861: Mr. BEYER and Mr. RUPPERS- TAKANO, Mr. CALVERT, Ms. MAXINE Congress has the power to enact this legis- BERGER. WATERS of California, Ms. HAHN, Mrs. lation pursuant to the following: H.R. 3884: Mr. GOODLATTE. MIMI WALTERS of California, Ms. LO- Article I, Section 8 H.R. 3885: Mr. GOODLATTE. RETTA SANCHEZ of California, Mr. By Mr. LOWENTHAL: H.R. 4055: Mr. COHEN. ROHRABACHER, Mr. ISSA, Mr. HUNTER, H.R. 6323. H.R. 4073: Ms. PINGREE. Mr. VARGAS, Mr. PETERS, and Mrs. Congress has the power to enact this legis- H.R. 4144: Ms. LEE. DAVIS of California): lation pursuant to the following: H.R. 4146: Mr. CICILLINE.

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H.R. 4147: Mr. CICILLINE. H.R. 5418: Mr. LAHOOD, Mr. WENSTRUP, Mr. H.R. 6164: Mr. SWALWELL of California. H.R. 4184: Ms. TITUS and Mr. GUTIE´ RREZ. COLLINS of Georgia, Mr. GRAVES of Missouri, H.R. 6168: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4204: Ms. GABBARD. Mrs. HARTZLER, Mr. YOUNG of Alaska, Mr. fornia, Mr. CASTRO of Texas, and Ms. JUDY H.R. 4355: Ms. BROWN of Florida and Ms. MCCAUL, and Mr. ROSS. CHU of California. WASSERMAN SCHULTZ. H.R. 5422: Ms. JACKSON LEE. H.R. 6197: Mrs. NAPOLITANO. H.R. 4445: Ms. LEE. H.R. 5474: Mr. CICILLINE. H.R. 4526: Mr. BYRNE and Mr. CARTER of H.R. 6205: Mr. SWALWELL of California. H.R. 5488: Mr. HONDA, Ms. MOORE, and Ms. Georgia. H.R. 6208: Mr. CICILLINE and Mr. MCGOV- CLARKE of New York. H.R. 4559: Mr. GOODLATTE and Mr. WITT- ERN. H.R. 5506: Mr. DEFAZIO. MAN. H.R. 5619: Mr. JONES, Mr. ROE of Tennessee, H.R. 6212: Mr. LOWENTHAL, Ms. ESHOO, and H.R. 4603: Ms. GRAHAM. Mr. WELCH. H.R. 4622: Mr. ZINKE and Mr. GRAVES of and Ms. JENKINS of Kansas. H.R. 6265: Mr. DOGGETT. Missouri. H.R. 5621: Mr. BYRNE. H.R. 4625: Mr. ROGERS of Kentucky. H.R. 5622: Mr. KILMER. H.R. 6275: Ms. WILSON of Florida, Ms. LEE, H.R. 4668: Mrs. NAPOLITANO. H.R. 5624: Mr. PETERSON. Ms. NORTON, and Mr. LOBIONDO. H.R. 4683: Ms. SINEMA and Mr. FOSTER. H.R. 5695: Mr. CICILLINE. H.R. 6287: Mr. BYRNE and Mrs. ROBY. H.R. 4794: Mr. MEEHAN, Mr. LARSON of Con- H.R. 5732: Mr. YOHO, Mr. SMITH of New Jer- H.R. 6297: Mrs. LOWEY, Mr. GIBSON, Mr. necticut, Mr. TIBERI, and Mr. RENACCI. sey, Ms. SINEMA, Ms. LOFGREN, Mr. VEASEY, GENE GREEN of Texas, Mr. SHERMAN, and Mr. H.R. 4795: Mr. MEEHAN, Mr. LARSON of Con- Mrs. TORRES, and Mr. MEEKS. KING of New York. necticut, Mr. TIBERI, and Mr. RENACCI. H.R. 5734: Mrs. BLACKBURN. H. Con. Res. 161: Mr. DESANTIS, Mr. JONES, H.R. 4813: Mr. SMITH of New Jersey and Mr. H.R. 5855: Ms. ESHOO and Mr. SWALWELL of Mr. HIMES, Mr. HONDA, Mr. LARSON of Con- LARSON of Connecticut. California. necticut, Ms. DELAURO, Mr. ROSS, and Mr. H.R. 4818: Mr. HILL and Mr. NUGENT. H.R. 5928: Mr. ELLISON. KILMER. H.R. 4907: Miss RICE of New York, Mr. H.R. 5942: Mrs. NAPOLITANO, Mr. SERRANO, H. Res. 12: Mr. DIAZ-BALART. BUCHANAN, Mr. ASHFORD, Mrs. BLACK, and Mr. SCHRADER, Ms. BORDALLO, and Mrs. ´ Mr. DOLD. ROBY. H. Res. 289: Mr. GUTIERREZ. ´ H.R. 4919: Mr. CARDENAS, Mr. LEWIS, Mr. H.R. 5955: Mr. HUNTER. H. Res. 540: Ms. VELA´ ZQUEZ, Ms. TSONGAS, CUMMINGS, Mr. DAVID SCOTT of Georgia, Mr. H.R. 5961: Mr. BILIRAKIS, Mr. BISHOP of Mrs. CAROLYN B. MALONEY of New York, Mr. RIBBLE, Ms. ROYBAL-ALLARD, and Ms. TITUS. Michigan, and Mr. DUFFY. LOWENTHAL, Ms. MAXINE WATERS of Cali- H.R. 4938: Mr. HASTINGS, Mr. JOLLY, Mr. H.R. 5974: Mr. SHERMAN. fornia, and Mr. THOMPSON of California. DANNY K. DAVIS of Illinois, Mr. MESSER, Mr. H.R. 6003: Mr. EMMER of Minnesota. H. Res. 647: Mr. TED LIEU of California and SSA ILSON ED IEU I , Ms. W of Florida, Mr. T L of H.R. 6036: Mr. YOUNG of Alaska, Ms. CLARK Mr. VISCLOSKY. California, Mr. KATKO, Mr. HARPER, Mr. of Massachusetts, Mr. KEATING, Mr. H. Res. 683: Mr. TED LIEU of California. STEWART, Mr. RICE of South Carolina, Mr. MOULTON, Mr. FARENTHOLD, Ms. MICHELLE H. Res. 750: Mr. SHERMAN. ISHOP MITH B of Georgia, Mr. S of Texas, Mr. LUJAN GRISHAM of New Mexico, Mr. CRAMER, ABIN LEAVER LSON H. Res, 848: Mr. COFFMAN, Mr. STIVERS, Mr. B , Mr. C , and Mr. O . and Mr. ROYCE. H.R. 4989: Mr. HONDA and Ms. KUSTER. ROGERS of Kentucky, and Ms. PINGREE. H.R. 6048: Mr. PAYNE and Mr. CONYERS. H.R. 5076: Mr. GOODLATTE. H. Res. 854: Ms. PINGREE and Ms. NORTON. H.R. 6072: Mr. SMITH of Washington. H.R. 5083: Mr. BEN RAY LUJA´ N of New Mex- H. Res. 861: Mr. WESTERMAN, Mr. CON- ico. H.R. 6073: Mr. SMITH of Washington. H.R. 6097: Miss RICE of New York. NOLLY, Mr. TIPTON, Mr. BEYER, Ms. MAXINE H.R. 5085: Ms. FUDGE, Mr. AL GREEN of WATERS of California, Ms. KELLY of Illinois, Texas, Ms. JUDY CHU of California, Mr. H.R. 6108: Ms. CASTOR of Florida and Mrs. TORRES. Ms. ADAMS, Mr. VEASEY, Mr. KATKO, Mr. SERRANO, Ms. DELAURO, Mr. HONDA, and Ms. NOLAN, and Mr. MEEKS. LEE. H.R. 6117: Ms. WILSON of Florida and Ms. H. Res. 871: Mr. WALZ, H.R. 5235: Ms. ESHOO, Ms. LOFGREN, Ms. NORTON. H. Res. 885: Mr. CASTRO of Texas, Miss RICE SPEIER, and Mr. PETERS. H.R. 6122: Ms. SLAUGHTER. H.R. 5256: Mr. GALLEGO and Mr. CA´ RDENAS. H.R. 6131: Mr. KELLY of Pennsylvania and of New York, and Mr. VALADAO. H.R. 5332: Mr. ROSKAM and Ms. SLAUGHTER. Mr. MEADOWS. H. Res. 899: Mr. COURTNEY, Mr. GIBSON, Mr. H.R. 5373: Ms. VELA´ ZQUEZ, Mr. CROWLEY, H.R. 6149: Mr. MCGOVERN, Miss RICE of New LAMALFA, Mr. HECK of Washington, Mr. GRI- Ms. KELLY of Illinois, and Mr. HECK of Wash- York, Ms. KUSTER, and Mr. SWALWELL of JALVA, Ms. SCHAKOWSKY, Miss RICE of New ington. California. York, and Mr. TAKANO.

VerDate Sep 11 2014 04:06 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.024 H15NOPT1 rfrederick on DSK30MX082PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, TUESDAY, NOVEMBER 15, 2016 No. 163 Senate The Senate met at 4 p.m. and was MEASURES PLACED ON THE The Chair announces, on behalf of called to order by the President pro CALENDAR—S. 3464 AND H.R. 6094 the majority leader and the Demo- tempore (Mr. HATCH). Mr. MCCONNELL. Mr. President, I cratic leader, pursuant to Public Law f understand there are two bills at the 110–298, the appointment of the following individual to serve as a member PRAYER desk due for a second reading. The PRESIDING OFFICER. The of the Federal Law Enforcement Con- The Chaplain, Dr. Barry C. Black, of- clerk will report the bills by title for gressional Badge of Bravery Board: fered the following prayer: the second time. Rick McCubbin of Kentucky. The Chair announces, on behalf of Let us pray. The senior assistant legislative clerk the majority leader and the Demo- Eternal Lord God, You have told us read as follows: in 1 Thessalonians 5:18 that it is Your cratic leader, pursuant to Public Law A bill (S. 3464) to provide incremental in- 110–298, the appointment of the fol- will for us to be thankful in every cir- creases to the salary threshold for exemp- cumstance. So today we thank You for tions for executive, administrative, profes- lowing individual to serve as a member the orderly transition of governmental sional, outside sales, and computer employ- of the State and Local Law Enforce- power and for the substantive contribu- ees under the Fair Labor Standards Act of ment Congressional Badge of Bravery tions to liberty of President Barack 1938, and for other purposes. Board: Michael Walters of Nevada. The Chair announces, on behalf of Obama. We are grateful for his labors A bill (H.R. 6094) to provide for a 6-month delay in the effective date of a rule of the the majority leader, pursuant to the of faith, patience, and hope. We are Department of Labor relating to income provisions of Public Law 114–215, the thankful for his dependence on You. thresholds for determining overtime pay for appointment of the following individ- Lord, we also express gratitude for executive, administrative, professional, out- uals to serve as members of the John the limitless possibilities available to side sales, and computer employees. F. Kennedy Centennial Commission: President-Elect Donald Trump. May he Mr. MCCONNELL. In order to place the Honorable JOHN MCCAIN and the receive inspiration from Your declara- the bills on the calendar under the pro- Honorable ORRIN G. HATCH. tion in Psalm 75:6 and 7 that elevation visions of rule XIV, I object to further The Chair, on behalf of the President comes neither from the east, west, proceedings en bloc. pro tempore and upon the rec- south or north, but You are the sov- The PRESIDING OFFICER. Objec- ommendation of the Democratic lead- ereign judge who puts down one and tion having been heard, the bills will be er, pursuant to Public Law 98–183, as lifts up another. placed on the calendar. amended by Public Law 103–419, re- Lord, we give You our thanksgiving f appoints the following individual to for our lawmakers, old and new. Bless APPOINTMENTS the United States Commission on Civil and keep them in all they think, say, Rights: David Kladney of Nevada. and do. Mr. MCCONNELL. Mr. President, I The Chair announces, on behalf of Finally, we thank You for the life understand appointments were made the Democratic leader, pursuant to the and legacy of Gwen Ifill. during the adjournment of the Senate, provisions of Public Law 106–398, as We pray in Your merciful Name. and I ask they be stated for the amended by Public Law 108–7, and in Amen. RECORD. consultation with the chairmen of the f The PRESIDING OFFICER. The Senate Committee on Armed Services Chair announces, on behalf of the and the Senate Committee on Finance, PLEDGE OF ALLEGIANCE Democratic leader, pursuant to the the reappointment of the following in- The President pro tempore led the provisions of Public Law 114–198, the dividual to serve as a member of the Pledge of Allegiance as follows: appointment of the following individ- United States-China Economic Secu- I pledge allegiance to the Flag of the uals to serve as members of the Cre- rity Review Commission: Katherine United States of America, and to the Repub- ating Options for Veterans’ Expedited Tobin of Virginia. lic for which it stands, one nation under God, Recovery (COVER Commission): Dr. The Chair announces, on behalf of indivisible, with liberty and justice for all. Wayne Jonas of Virginia (Veteran) and the Democratic leader, pursuant to the f Jon Soltz of Virginia (Veteran). provisions of Public Law 114–196, the The Chair, on behalf of the majority appointment of the following individ- RECOGNITION OF THE MAJORITY leader, pursuant to Public Law 112–272, uals to serve as members of the United LEADER appoints the following individual to be States Semiquincentennial Commis- The PRESIDING OFFICER (Mr. a member of the World War I Centen- sion: Members of the Senate: the Hon- LANKFORD). The majority leader is rec- nial Commission: Terry Hamby of Ken- orable ROBERT P. CASEY, Jr. of Penn- ognized. tucky. sylvania and the Honorable JEANNE

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

S6317

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.000 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6318 CONGRESSIONAL RECORD — SENATE November 15, 2016 SHAHEEN of New Hampshire. Private I watch the ‘‘NewsHour’’ as often as I and most powerful microphone in the Citizens: Dr. Andrew Hohns of Pennsyl- can, and I will miss her. I thought she world. But even as those workers ham- vania, David Cohen of Pennsylvania, had such a fine way of presenting her- mer away on Trump’s platform, and Heather Murren of Nevada, and James self in the news that she reported. even as we as leaders accept the results Swanson of the District of Columbia. Every night she would do the nightly of this election, we must also give f review. She was really a good person, voice to those who are afraid because and I will miss her. I think we all will. there are many who are afraid. THE ELECTION AND WORKING f Indeed, a majority of Americans op- TOGETHER posed Donald Trump. Many of my Re- THE ELECTION OF DONALD TRUMP Mr. MCCONNELL. Mr. President, we publican colleagues in this Chamber have had a regularly scheduled election Mr. REID. Mr. President, I have been opposed Trump. They were not alone. in this country every 2 years since 1788. in politics for five decades. I have not Trump will be the first President to This year’s campaign was long and it seen anything like what we are seeing take office having lost the popular vote was tough, and I think everyone is glad today in America. The man who lost by 2 million. it is over. I think Americans are ready the popular vote by 2 million votes is Every day for the past week, the ma- to come together and move the country now the President-elect. I will repeat jority of American voters have awak- forward. that. A man who lost the election by 2 ened to a difficult reality: Not only did As President Obama reminded us, we million votes or more is now the Presi- the man who lost the popular vote win are all on one team. This is an intra- dent-elect. the election, but his election sparked a mural scrimmage. We are not Demo- His election has sparked a wave of rise in hate crimes and threats of vio- crats first. We are not Republicans hate crimes across America. This is a lence. Since Election Day, the South- first. We are Americans first. We are simple statement of fact, but it raises ern Poverty Law Center has reported patriots first. Now, as he put it, we are critical questions for us as a country hundreds of incidents of harassment all rooting for the success of the Presi- and as a nation. How do we respond to and intimidation. The last count re- dent-elect for uniting and leading the the election of Donald Trump? ported is 315 from their calculations. country. The Democrats want to work with Overwhelmingly, the hateful acts are I want to congratulate President- Mr. Trump when we can. I understand anti-Muslim, anti-Hispanic, anti-Afri- Elect Trump on his victory. I want to and respect the impulse because Demo- can American, anti-woman, anti- thank the American people for placing crats like to get things done. That is LGBT, anti-Semitic, and anti-Asian. their trust in this Senate majority and why most of us are in government in I have heard these stories from the House majority as well. Speaker the first place. friends and family. My and my wife’s For example, Democrats have been RYAN and I had productive discussions Nevada physician is a Pakistani-Amer- with the President-elect last week. We trying for multiple decades to get Re- ican of Muslim faith. We think so much are both looking forward to working publicans to invest in our deteriorating of him. We have known each other for with him, but first there is work to be infrastructure. What kind of makeup 35 years. The day after the election my done in the current session of the Sen- do we have in the infrastructure? Some friend was in a restaurant in Las Vegas ate. say $1 trillion; some say $3 trillion. It having dinner. A man approached him We will welcome some new Members, is really badly in need of help and re- in a threatening manner and said: beginning with orientation this week. pair. It is an automatic job creator. Where are you from? He said: Where We will bid farewell to some dear col- Over these decades, each time we tried are you from? The man said: I’m local. leagues. We will finish the work that to do something on infrastructure, Re- The doctor said: So am I. remains before us. publicans obstructed. So if we can fi- That same night, in another res- So welcome back, everyone. We still nally get Republicans to make the job- taurant in Las Vegas, another friend of have some work to do, and with some creating infrastructure investments we mine who is also a Pakistani-American cooperation from both sides, we will have been seeking for years, that would physician was having dinner. A man get it done. be a welcome development for the Sen- walked up to him in the same manner ate and the country. and said: Where are you from? He said f If Trump wants to pursue policies he was from Pakistan. The other man RECOGNITION OF THE MINORITY that will help working people, Demo- said: Why don’t you go back? LEADER crats will take a pragmatic approach. One of my staffers has a daughter in Democrats have a responsibility to im- middle school. I have known that little The PRESIDING OFFICER. The prove the lives of Americans, but we girl since she was a little baby. The Democratic leader is recognized. also have other responsibilities. We day after the election, the principal ad- f have a responsibility to be the voice of dressed the entire student body on the THANKING THE SENATE CHAPLAIN millions of Americans sitting at home, school’s PA system because of two inci- AND WELCOMING EVERYONE BACK afraid that they are not welcome any- dents that had occurred that he wanted more in Donald Trump’s America. We to talk about. In one instance, a boy Mr. REID. Mr. President, I very have a responsibility to prevent yelled at a Latina student, saying he much appreciate the prayer of Admiral Trump’s bullying, aggressive behavior was glad she was being deported now Black. He always does his best to set from becoming normalized in the eyes that Trump was President. the tone. I appreciate the tone that he of Americans, especially to the many Another boy was sent home for has set this afternoon. I appreciate him young people who are watching and yelling a derogatory, hateful term to and what he does very much. wondering, for example, if sexual as- an African-American student. The boy I welcome everyone back. We have sault is now a laughing matter. justified himself by saying he could use been gone quite some time. We have a We have a responsibility to say that that language now that Trump was lot of work to do the next few weeks, it is not normal for the KKK and President. and we will do our best to get it done groups like the Klan to celebrate the In Spokane, WA, the Martin Luther as quickly as we can. election of a President they view as King, Jr. Center was defaced with the f their champion with a victory parade. same hateful word. They have one scheduled. In other Those are only a few examples that REMEMBERING GWEN IFILL words, we have a responsibility to lead. people close to me have related. But Mr. REID. Mr. President, I would like Outside this Senate Chamber, work- these disturbing accounts have been to say just a few words about Gwen ers can be heard hammering away on heard across America. Ifill. It really was too bad that she died the platform for the inauguration cere- I have a compilation of many of these at age 61. She was a woman who broke mony. It will take months to do it, but incidents. One is from NBC news. An- barriers. Every step of her life was it will be done right. In 65 days Donald other is from another publication. something new and inspirational for Trump will step onto that platform. There is a headline: ‘‘Hundreds of Hate those around her. For 4 years he will wield the loudest Crimes Reported Since the Election.’’

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.001 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6319 Mr. President, I ask unanimous con- ing 7,121 victims. Of the known offenders, and appropriate action based on the inves- sent that they be printed in the ‘‘48.4 percent were white, 24.3 percent were tigation findings,’’ Becker said. ‘‘We will RECORD. African American, and race was unknown for work very hard to identify who did this hor- There being no objection, the mate- 16.2 percent of offenders,’’ according to the rible act and determine how we can support report. the students and the staff who have been af- rial was ordered to be printed in the Related: How the 2016 Election Exposed fected by it.’’ RECORD, as follows: America’s Racial and Cultural Divides. 3. Mehreen Kasana, an editor in New York [Nov. 14, 2016] In addition to monitoring anti-Arab bias, City who was wearing a scarf around her NBC—HUNDREDS OF HATE CRIMES REPORTED the report also tracked incidents of anti-reli- head the day after the election, said that a SINCE ELECTION: SPLC CHELSEA BAILEY gious bias for seven additional religions for man told her, ‘‘Your time’s up, girlie.’’ More than 300 incidents of harassment or the first time. The expanded report now Mehreen Kasana @mehreenkasana I have a scarf on. Passed by someone on intimidation have been reported following tracks anti-religious bias against Buddhist, the platform today and he says, ‘‘Your Donald Trump’s election Tuesday night, the Eastern Orthodox, Hindu, Jehovah’s Witness, time’s up, girlie.’’ 8:50 AM—9 Nov 2016 Southern Poverty Law Center (SPLC) told Mormon, Sikh and other Christian victims. Kasana, a Muslim woman, told BuzzFeed NBC News Monday. Monday’s report marks the 25th anniver- News that she didn’t usually cover her head The SPLC first published its report on sary of the FBI’s efforts to compile data but her younger sister observes the hijab. post-election incidents on Friday but said re- around hate crimes. The report contains She said she wore a scarf on Nov. 9 because ports have continued to stream in. They data from nearly 15,000 law enforcement of the cold. found that harassment most commonly oc- agencies. Kasana said that while she was passing by curred in K–12 schools and on university people at the subway station, a ‘‘white man campuses. Many, though not all incidents, [Updated: Nov. 14, 2016] who had to be in his mid-30s, holding a brief- involved direct references to the Trump cam- BUZZFEED—HERE ARE 26 REPORTED RACIST case and a newspaper first looked at me and paign, according to the group’s report. INCIDENTS AFTER DONALD TRUMP’S VICTORY grunted. Then he said, ‘Your time’s up, girl- The anti-intolerance watchdog said it will TASNEEM NASHRULLA ie.’ ’’ continue to tally incidents of hate and har- ‘‘THIS IS THE NORMAL.’’ According to Kasana no one at the station assment reported through social media, news 1. Threatening ‘‘vigilante’’ fliers calling did anything. ‘‘I almost always fight back reports and direct submissions to its website. but I think that moment was so replete with The Law Center said they were unable to for torture of ‘‘university leaders spouting defeat and misery that, out of the sheer need independently verify each incident reported, off all this diversity garbage’’ were posted in to protect myself, I remained silent,’’ she but NBC News has separately confirmed doz- bathrooms across Texas State University said. ‘‘The last thing I needed was to get ens. after Donald Trump’s win in the elections. Some incidents of hate crimes that NBC ‘‘Now that our man TRUMP is elected and pushed on the tracks.’’ 4. Middle schoolers in Michigan chanted News has confirmed independently: republicans own both the senate and the On Sunday, a rector found the words house—time to organize tar and feather VIG- ‘‘Build the wall’’ in their lunchroom on Nov. ‘‘Trump Nation, Whites Only’’ scrawled on ILANTE SQUADS and go arrest and torture 9. Philip Lewis @Phil_Lewis the walls of the Episcopal Church of Our those deviant university leaders spouting off Middle school students in Royal Oak, Saviour in Silver Spring, Maryland. The all this Diversity Garbage,’’ the fliers, which Michigan chanting ‘‘Build The Wall!’’ church offers weekly Spanish-language serv- were glued to bathrooms and minors in buildings across the campus, said. 9:55 AM—10 Nov 2016 ices. A group of middle schoolers in Royal Oak, The University of Michigan issued a cam- Other fliers criticized the the concept of diversity and its proponents. Michigan, broke out in a ‘‘build the wall’’ pus safety alert Sunday after a Muslim stu- chant inside their cafeteria on Wednesday, dent told police a white male demanded she One flier said, ‘‘NO OTHER RACE (BUT WHITES) HAS BENT OVER BACKWARDS to echoing one of Trump’s rallying cries during remove her hijab or he would ‘‘set her on fire his campaign. with a lighter.’’ Police are investigating. assure that all non-whites receive a ‘fair shake’ in being part of American life, even to ‘‘Because of the strong emotions and inten- New York Governor Andrew Cuomo or- sity of rhetoric that the posting of this inci- dered state police to open a multi-agency the detriment and social well-being of ‘our own kinds’ (whites).’’ The flier said dent to social media has elicited, we have hate crimes investigation into reports that a had parents express concern regarding stu- swastika and the word ‘‘Trump’’ was spray ‘‘multiculturalism’’ and ‘‘diversity’’ and ‘‘code-words for white genocide.’’ dent safety,’’ Superintendent of schools painted on the walls of a residence hall at Shawn Lewis-Lakin said in a statement SUNY Geneseo. The Texas State University Police was investigating the incident, President Denise M. Thursday. In Philadelphia, police are searching for 5. A ‘‘Make America White Again’’ sign Trauth said in a statement. Trauth said she the man who grafittied ‘‘Trump Rules’’ and with a swastika was graffitied on a softball was aware of reports of ‘‘action and expres- ‘‘Black B* * *’’ onto the hood of a woman’s dugout wall in a park in Wellsville, New sion that have occurred on campus following van. York. the recent elections in our country.’’ Parishioners found graffiti on the walls of Brian Quinn @brianqwdr St. David’s Episcopal Church in Indiana. A ‘‘Actions such as pasting flyers to bath- Trump has spoken about ‘‘Making America swastika, ‘‘Heil Trump’’ and ‘‘F* * * room mirrors amounts to criminal activity, great again,’’ but someone else had a dif- Church’’ were spray painted on the walls of and our university police are investigating ferent message recently in Wellsville. the church, which performs same-sex wed- these incidents,’’ Trauth said. ‘‘Texas State 1:38 PM—9 Nov 2016 dings, WTHR reports. strives to maintain an atmosphere that pro- Wellsville Village Police Chief Tim ‘‘Colored’’ and ‘‘Whites Only’’ signs were tects free speech, but one that is respectful O’Grady told the Wellsville Daily that no placed above drinking fountains at First to other members of the Bobcat commu- one had filed a complaint about the graffiti, Coast High School in Jacksonville, Florida, a nity.’’ which was spotted on Nov. 9. He said the wall district spokeswoman confirmed with NBC The university police did not return was on a privately owned field. ‘‘Unless News. BuzzFeed News’ request for comment. somebody makes a complaint, we don’t have Mere hours after Trump won the election, 2. Racial slurs and threats, including the n- any cause for action,’’ O’Grady said. ‘‘It’s ‘‘Make America White Again’’ was scrawled word, ‘‘Go back to Africa,’’ and ‘‘Whites vandalism, we’ll look into it.’’ across the wall of a softball field in only,’’ along with pro-Trump slogans were On Saturday, New York Gov. Andrew M. Wellsville, New York. Police are inves- found scrawled in a high school bathroom in Cuomo announced a joint investigation in- tigating. Minnesota on Nov. 9. volving New York State Police and the State Also on Monday, the FBI’S Uniform Crime Police said they were investigating the Division of Human Rights looking into the Reporting division also released its annual graffiti found in the boys bathroom at Maple graffiti, calling it a hate crime. ‘‘Hate Crimes Statistics’’ report, tracking Grove Senior High School. The graffiti in- ‘‘New York has zero tolerance for bigotry, the number of bias-motivated incidents re- cluded F* * *allPorchmonkeys, #Whitesonly, fear and hatred, and those who seek to un- ported to law enforcement officials in 2015. Trump Train, #Gobacktoafrica and ‘‘Make dermine the core values this state and na- The number of hate crimes rose 6 percent in America Great Again.’’ tion were founded upon,’’ Cuomo said in the 2015, according to the report, and the vast According to police, the ‘‘racist’’ messages statement. ‘‘I have ordered a full investiga- majority (59 percent) of victims were tar- were written during the school day on Nov. 9. tion into this deplorable act.’’ geted because of their race or ethnicity. ‘‘This type of behavior is highly offensive, Sixty-seven percent of votes in Allegany Attacks motivated by religious bias and will not be tolerated and does not reflect the County, where Wellsville is located, went to sexual orientation were also among the most views of the Maple Grove community,’’ po- Trump-Pence. frequently reported types of hate crimes. lice said in a statement. 6. Photos of a black baby doll which ap- The number of reported anti-Muslim hate In a letter to students’ families, the peared to be hung in an elevator in Canisius crimes spiked in 2015, growing by an aston- school’s principal, Bart Becker, said he was College in New York on the night of Nov. 8, ishing 66 percent, according to the FBI re- ‘‘horrified’’ by the ‘‘serious and disturbing surfaced on social media. port. racial incident.’’ Jordan Roth @Baby_Jay1221 In all, more than 5,800 incidents of hate ‘‘We immediately launched an investiga- This baby doll was found in a freshman ele- crimes were reported to authorities, involv- tion into this incident and we will take swift vator last night at Canisius. I don’t care who

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.002 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6320 CONGRESSIONAL RECORD — SENATE November 15, 2016 you are or what your beliefs are this is awful In the wake of the vandalism, the MSA or- ‘‘Comments made to the student indicate 3:51 PM—9 Nov 2016 ganized a rally and called on fellow students she was targeted because of her Muslim The Tuesday-night incident prompted ‘‘to show support that fear and intimidation faith, including her wearing of a traditional Canisius President John Hurley to send a have no place on our campus.’’ garment and hijab,’’ SDSU police said in a campuswide letter strongly condemning the Within 24 hours, more than 1,000 people statement provided to BuzzFeed News. act, which he called ‘‘extremely troubling on signed up as supporters ‘‘to denounce this 13. Two men in a pickup truck with a several levels,’’ the Buffalo News reported. hate,’’ Khan said. Trump flag drove to Wellesley College, a He later issued a detailed message describ- ‘‘Nothing like this has happened before at women’s liberal arts school in Massachusetts ing two separate incidents—placing the doll NYU and we pray this is the first and last in- and Hillary Clinton’s alma mater, stopped in in the elevator and the use of the doll in a cident,’’ he said. front of a house for students of African de- residence hall room—which involved two un- 9. ‘‘F* * * your safe space,’’ ‘‘Build wall,’’ scent, and ‘‘antagonized’’ and screamed related sets of students. and ‘‘Trump’’ were scrawled in chalk at the ‘‘Trump’’ and ‘‘Make America Great Again’’ According to the public safety report, the University of Louisiana at Lafayette on Nov. on Nov. 9, according to accounts from stu- doll was first placed in an elevator as a 8. dents and college officials. prank to startle people and the two strings The Vermilion @TheVermilion Wellesley police confirmed the incident at the doll’s neck were part of its construc- PRO-Trump chalk was littered in front of and said the two ‘‘disruptive individuals’’ tion. Hurley said there was no evidence that the EGD library last night. were asked to leave the property. the doll was hung in the elevator as several 10:32 AM—9 Nov 2016 The two men, who were students at Babson social media posts appeared to suggest. Other graffiti scrawled on campus after College, were expelled from their fraternity, The elevator prank set off a chain of Trump’s win included ‘‘Democrats can kiss Sigma Phi Epsilon. The fraternity said that events ‘‘on a night when the results of the Trump’s a* * *.’’ both men’s actions were ‘‘abhorrent’’ in a presidential election had many students feel- Campus maintenance workers washed statement. ing distressed and vulnerable’’ Hurley said, away some of the reported graffiti, while ‘‘This type of abusive, misogynistic behav- adding that those involved in the elevator campus police were investigating several ior has no place in our society, and we’re prank would be disciplined. more reports of pro-Trump graffiti across the proud of our chapter swiftly removing these The doll was then later put in residence campus, the Advertiser reported. men from our organization,’’ the fraternity hall room where it was hung from the cur- 10. ‘‘Black lives don’t matter and neither said, Babson College was investigating both tain rod, according to the report. Students does your votes,’’ was spray-painted across a men’s actions, which the president described took photos of it and created memes using wall in Durham, North Carolina on Nov. 9. as ‘‘highly offensive, incredibly insensitive, language about ‘‘Trump fans’’ which were Derrick Lewis @DerrickQLewis and simply not acceptable.’’ then posted to social media, according to Someone spray painted ‘‘Black lives don’t 14. A Facebook post on Nov. 9 appeared to Hurley. matter and neither does your votes’’ on a show a Trump supporter in a car that had ‘‘It’s evident that what may have started wall in Durham overnight. Trump flags and anti-Muslim stickers in- as a thoughtless, insensitive prank earlier in 3:27 PM—9 Nov 2016 cluding ‘‘All Muslims are terrorists, deport the evening in the elevator degraded into a Community members gathered Thursday them all.’’ very offensive, inappropriate act later that and cleaned up the message, WNCN reported. A Facebook post on Nov. 9 appeared to night,’’ he said. 11. After one photo went viral, Southern Il- show a Trump supporter in a car that had The students involved in the residence hall linois University issued a statement saying Trump flags and anti-Muslim stickers in- incident have been involuntarily suspended they were aware of offensive social media cluding ‘‘All Muslims are terrorists, deport from the college pending the outcome of dis- posts and were reviewing the incidents. them all.’’ ciplinary cases against them, the con- ‘‘This week’s presidential election was ex- The Facebook user posted a video showing sequences of which could include dismissal tremely divisive and emotions are running the truck with a Confederate flag on the from the college, Hurley said. high,’’ the interim chancellor, Brad Colwell, front bumper and also stickers saying, ‘‘Kill 7. A ‘‘fair skinned male’’ allegedly pulled said in the statement. ‘‘A number of people all Muslims’’ and ‘‘All Muslims are child mo- at a woman’s hijab on Nov. 8, choking her have contacted my office regarding offensive lesters.’’ The user later deleted the Facebook and causing her to fall, San Jose State Uni- behavior and comments, including social post. versity police said in an alert to students. media posts. While federal law prohibits us 15. Yarden Katz, a fellow at Harvard Med- Pam Howell @BookaliciousPam from discussing issues related to specific stu- ical School, said that he witnessed a US San Jose State University sent an email dents, please know that we deeply share your postal worker telling a man who appeared to that a woman had her hijab ripped off by a concerns. We are reviewing every incident be of Hispanic descent, ‘‘Go back to your white male with such force it choked her as and will take appropriate action.’’ country. This is Trump land’’ at a gas sta- she fell. Colwell said that while discussions about tion in Massachusetts on Nov. 9. 9:08 PM—9 Nov 2016 the future of the country were important, he Yarden Katz @yardenkatz It wasn’t clear whether the woman was at- urged students to do so in a ‘‘civil manner My letter to @USPS about what I wit- tacked because of her hijab, and the univer- that respects everyone’s right to agree or to nessed today in Cambridge, Massachusetts. sity said the case was under investigation. disagree.’’ #Trump ‘‘We are of course very concerned that this Colwell issued his statement after a viral 5:46 PM–9 Nov 2016 has occurred on our campus,’’ a spokes- social media post showed two students from USPS said the issue had been ‘‘escalated to woman told the Mercury News. ‘‘No one wearing blackface and standing in front of a the appropriate members of USPS manage- should experience this kind of behavior at Confederate flag. ment.’’ Katz told BuzzFeed News that it was San Jose State.’’ However, one of the students in the photo an ‘‘appalling incident.’’ Doaa Abdelrahman, the president of the later wrote on Facebook that the picture had ‘‘I was taken aback by how brazen it was Muslim Student Association at San Jose been taken out of context. She said she had on the part of the USPS worker to make rac- State, told the Mercury News that she knew been wearing a ‘‘boscia face mask’’ in front ist comments, in broad daylight, in a sup- the victim and believed the attack was re- of a Confederate flag she had ripped because posedly progressive town. It clearly looks lated to Trump’s campaign on election night. she does not support it. like part of a bigger national trend,’’ he said. ‘‘I’ve experienced racism for my religion 12. A Muslim student at San Diego State 16. A swastika, ‘‘Seig Heil 2016,’’ and the since age 9,’’ Abdelrahman said. ‘‘I think University (SDSU) was attacked and robbed word ‘‘Trump’’ with the T replaced with a Trump is the cause of a lot of segregation by two men ‘‘who made comments about swastika were graffitied on the windows on and division between people.’’ President-Elect Trump and the Muslim com- an empty store in South Philly on Wednes- 8. ‘‘Trump’’ was scrawled on the door of a munity’’ on Nov. 9, the SDSU police said in day, Philly.com reported. Muslim prayer room at New York University a safety alert. Philly.com @phillydotcom on Nov. 9. A Muslim student at San Diego State Uni- PhillyClout: ‘‘Sieg Heil,’’ swastikas, racist The incident at the NYU Tandon School of versity (SDSU) was attacked and robbed by Trump graffiti appear in South Philly. Engineering was reported by the NYU Mus- two men ‘‘who made comments about Presi- http://bit.ly/2fSN1kN lim Students Association (MSA). dent-Elect Trump and the Muslim commu- 2:10 PM—9 Nov 2016 The day after Trump was elected president, nity’’ on Nov. 9, the SDSU police said in a The graffiti was spray-painted on the 78th a Muslim student making his way to the safety alert. anniversary of Kristallnacht or ‘‘Night of the prayer room found ‘‘Trump’’ scribbled across The two suspects, a white male and a His- Broken Glass’’—a wave anti-Jewish pogroms the front of prayer space door, Afraz Khan, panic male, confronted the student in a in Nazi Germany in 1938. the president of NYU MSA, told BuzzFeed stairwell in what police described as a ‘‘hate Police also investigated several other inci- News. crime, robbery and vehicle theft.’’ dents of pro-Trump racist graffiti, including ‘‘Our campus is not immune to the bigotry The two men ‘‘made comments about the words ‘‘Trump Rules’’ and ‘‘Black B that grips America,’’ the MSA said in a President-Elect Trump and the Muslim com- * * *,’’ spray-painted across a car belonging Facebook post. munity, confronted her and grabbed her to a 62-year-old black woman, Philly.com re- The incident was reported to university of- purse and backpack,’’ according to police. ported. ficials, whom Khan said were doing a ‘‘won- They also took her car keys and stole her ve- 17. Chris Weatherd, a former University of derful job in supporting us.’’ hicle. Tennessee linebacker, posted a video that

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.003 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6321 appeared to show his car vandalized with the who demanded she remove her hijab or he anti-Donald Trump protest and reportedly n-word and ‘‘Trump’’ on Nov. 9 in Knoxville. would set her on fire with a lighter,’’ accord- got into a confrontation with a demon- Chris Weatherd TM @Chris_Weatherd Who- ing to crime report posted on the univer- strator. Peters was off duty at the time. ever did this I’m throwin’ hands sity’s website. Police chief Jeff O’Brien promised an in- 11:08 AM—9 Nov 2016 ‘‘She complied and left the area. The Ann ternal investigation to determine if Peters Weatherd told BuzzFeed News that he Arbor Police are actively investigating,’’ the broke department rules. Read more about woke up on Wednesday morning to find that statement read. the incident here. someone had used washable paint to van- The suspect has been described as a ‘‘white 26. A church in Indiana was discovered van- dalize his car with racial slurs. male, 20–30 years old, average height, ath- dalized with slurs on Nov. 13. He did not file a police report, but said letic build, bad body odor, unkempt appear- St. David’s Episcopal Church in Bean Blos- that a family member of the person who did ance, intoxicated with slurred speech,’’ ac- som, Indiana was reportedly spray painted it had apologized to him. Weatherd did not cording to the school’s site. with a swastika, an anti-gay slur, and ‘‘Heil wish to disclose the identity of the alleged Ann Arbor Police Sgt. Patrick Maguire Trump.’’ suspect, but said it was a neighbor who was told BuzzFeed News that the department is Rev. Kelsey Hutto, a priest at the St. Da- a Trump supporter. actively investigating the incident and is so- vid’s Episcopal Church, told BuzzFeed News He said that while he wasn’t ‘‘entirely liciting more information. that she was disappointed after the graffiti upset’’ about it, he posted it to Twitter to 21. Several black UPenn students received was discovered on the walls Sunday, but that show that ‘‘this is the normal.’’ racist and threatening messages Friday, in- they wouldn’t ‘‘let the actions of a few 18. Rochelle Abraham posted a picture of a cluding invites to a ‘‘daily lynching.’’ damper our love of Christ and the world.’’ car with a Confederate flag and ‘‘Kill Kill Chidera @chiderasiegbu ‘‘We will continue to live out our beliefs Kill’’ signs in Needham, Massachusetts, the Black students throughout @Penn’s cam- and acceptance of all people and respecting morning after Trump’s victory. pus, like myself, have been added to this the dignity of every human being,’’ Hutto Abraham told BuzzFeed News that she hateful GroupMe. I am petrified and all I said to BuzzFeed News. ‘‘We pray for the per- spotted the car, which had a POW flag, an want to do is cry. petrators as well as those who the deroga- American flag, and the Confederate flag, on 2:30 PM—11 Nov 2016 tory marks were directed at.’’ the morning on Nov. 9. Several black UPenn students reported Hutto said that they needed to respond to ‘‘I was already feeling off center with re- being added to a GroupMe chat included pic- hateful acts with love. spect to what a Trump presidency would tures of lynchings, derogatory terms and ‘‘Anyone is welcome on the sacred ground mean for myself and those that I love,’’ threats Friday. of the church,’’ Hutto continued. ‘‘This act Abraham said. ‘‘First and foremost I fear for University officials said the FBI and uni- was an act of separation. Separation of us what this means for my 26-year-old son. The versity police were contacted, and the mes- from each other and a separation from God current murders of young unarmed black sages were linked back to a University of which is the definition of a sin.’’ men, Giuliani era stop-and-frisk and just so Oklahoma student more than 1,400 miles Mr. REID. Mr. President, what was much on my mind after hearing the final re- away. The student has not been identified, just entered into the RECORD are ref- sults. The last thing I expected to see was but officials said he has been suspended in erences that are being made. They are this atrocious, blatant display of hurtful dis- connection to the incident. Read more about awful. They are hateful. They are respect, racism, and bigotry,’’ she said. it here. frightening. They are scary. I invite While she did not see any Trump signs on 22. A student at Bowling Green State Uni- any of my colleagues to read these hor- versity in Ohio reported being assaulted by the car, ‘‘just the fact that I saw this the day rible acts, and I invite any Senator, after the election kind of speaks for itself,’’ three white men and called a racial slur, the she said. university said. Democrat or Republican, to come right 19. A student at the New School in New A student at Bowling Green State Univer- down to this floor today and defend York City on Nov. 12 tweeted a photo of what sity in Ohio reported being assaulted by any one of them. It is an example of appears to be a swastika that was drawn on three white men and called a racial slur, the hate and prejudice. I don’t believe any- the door of her dorm where she lived with university said. one wants to defend hateful acts being other Jewish women. ‘‘We immediately reached out to the stu- committed in President-Elect Trump’s sam @samlichtenstein dent,’’ Thomas J. Gibson, the university’s name. We woke up to this on our door, in a dorm vice president for student affairs, said in a at @TheNewSchool, where 3 Jewish women statement. ‘‘Today, she filed a report with It leads to one unavoidable conclu- live. the Bowling Green Police Department. They sion. Many of our fellow Americans be- @ShaunKing @deray @parsonsdesign are investigating.’’ lieve that Trump’s election validates 11:06 AM—12 Nov 2016 23. A swastika was spray-painted on a side- the kind of bullying and aggressive be- Samantha Lichtenstein told BuzzFeed walk in New York’s Brooklyn Jewish neigh- havior Trump modeled on a daily basis. News in an email that one of her roommates borhood of Crown Heights. How do we teach our children that first saw the symbol when she was on her Mordechai Lightstone @Mottel bragging about sexual assault is abhor- way out of the dorm this morning. She took BREAKING: Swastika spray painted on rent if we rush into the arms of the a photo of it and sent it to her. Montgomery St in heart of Jewish Crown ‘‘My roommate and I walked around the Heights. Note: This is not a first here (h/t man who dismissed it as ‘‘locker room rest of the floor to see the symbol on 3 other @HirshelTzig ) talk’’? If we fail to hold Trump ac- doors,’’ Lichtenstein wrote. ‘‘We knocked on 11:35 AM—13 Nov 2016 countable, we all bear a measure of re- the doors to tell them of the defamation.’’ The Nazi symbol was painted on the sponsibility for normalizing his behav- The roommates have notified and filed re- comers of Montgomery St. and Brooklyn ior. ports with campus security as well as the Ave, Crown Heights resident Mordechai Here is a letter from a seventh grader NYPD. Lightstone told BuzzFeed News. from Rhode Island. She wrote the day ‘‘We are extremely heartbroken. This may Lightstone noted this was not the first after the election, and I will quote have been someone trying to play a joke, but time a graffiti swastika has appeared in the this is not funny. And it was not just one neighborhood. from the letter: door; 4 different doors were targeted, and 24. A Spanish-language sign at an Epis- I’m extremely scared, especially being a only on our floor,’’ Lichtenstein wrote. copal church in Silver Spring, Maryland—a woman of color, that the president of the NYC Mayor Bill de Blasio retweeted heavily Latino neighborhood just outside country that I was born and live in is mak- Lichtenstein on Saturday along with a short Washington D.C.—was vandalized on Satur- ing me feel unsafe when I usually don’t feel statement. day night with the words ‘‘TRUMP NATION’’ unsafe. It is even scarier because this man ‘‘Hate speech is reprehensible, and has no and ‘‘WHITES ONLY.’’ who is now the president of the United place in NYC,’’ de Blasio said. ‘‘To the af- Bishop Mariann Edgar Budde of the Epis- States of America has said such rude, igno- fected, we stand with you. To the perpetra- copal Diocese of Washington wrote on rant and disrespectful things about women tors, we are better than this.’’ Facebook she is ‘‘heartsick’’ at the van- and all different types of people and is now David E. Van Zandt, president of the New dalism at the Episcopal Church of Our Sav- in charge of our country. I want to feel safe School, also tweeted in support of the stu- iour. in my country but I no longer can feel safe dents, calling it ‘‘abhorrent’’ and saying he Bishop Budde added that she ‘‘can only with someone like Donald Trump leading the was taking ‘‘immediate and appropriate ac- imagine how the people of Our Saviour, one country. tion.’’ of the most culturally diverse parishes in the Our President is supposed to make 20. A woman was forced to remove her diocese, feel.’’ Read more about it here. people feel safe, but on Wednesday, a hijab on Nov. 11 by a man who threatened to 25. A Michigan police officer was suspended seventh grade girl awoke feeling fright- set her on fire with a lighter. The incident after flying a confederate flag at an anti- took place at the University of Michigan Trump rally on Nov. 11. ened to be a woman of color in America campus in Ann Arbor. Traverse City officer Michael Peters has because Donald Trump was President- ‘‘As told to the Ann Arbor Police, a stu- been suspended with pay after he drove a elect. If we ignore her voice and other dent was approached by an unknown man, pickup truck with a Confederate flag to an voices, this seventh grader will be left

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.005 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6322 CONGRESSIONAL RECORD — SENATE November 15, 2016 to conclude that we as a nation find in a period of morning business until 5 of a peaceful transition of power from her fear acceptable. p.m., with Senators permitted to speak one Presidency to another—that is the How do we show her that she does not therein for up to 10 minutes each. sort of tone I wish we would hear more have to be afraid? The first step is fac- The Republican whip. of here in the Senate and in the coun- ing reality. No matter how hard the f try generally, not pour gasoline on the rest of us work, the main responsibility fire, as the Democratic leader con- THE ELECTION AND SENATE lies within the man who inspired the tinues to do. fear. President-Elect Trump must act PRIORITIES It is true that we had an earth-shak- immediately to make Americans like Mr. CORNYN. Mr. President, I came ing event occur on November 8—the that seventh grade girl feel they are to the floor to talk about the election election of Donald J. Trump as the 45th welcome in his America. of November 8 and the opportunities we President of the United States. I be- Healing the wounds he inflicted will have, working together going forward, lieve the reason Mr. Trump was elected take more than words. Talk is cheap to turn the direction of the country is because the American people want and tweets are cheaper. Healing the around. Unfortunately, I found myself change. They are eager for Washington wounds is going to take action, but so sitting here listening to the latest ti- to tackle the big challenges we are fac- far, rather than healing these wounds, rade by the Democratic leader against ing as a nation, from terror threats Trump’s actions have deepened them. the President-elect and his team. Sure- abroad to a stagnant economy here at In one of his very first, if not his first ly he is entitled to his opinion, but he home. They are looking forward to an official act, he appointed a man seen as does nothing to contribute to the heal- administration that believes the rules a champion of White supremacy as the ing of our country after a very polar- apply to all of us equally—in other No. 1 strategist in the White House— izing, hotly contested election by con- words, equal justice under the law, not the No. 1, everybody else under him. tinuing to pile on the President-elect that a separate set of rules applies to According to CNN, ‘‘White nation- and his team. the Washington elites or those who can alist leaders are praising Donald We had an election. The American get away with it, that a different set of Trump’s decision to name [Stephen people voted. The American people rules applies to them than applies to Bannon] as his chief strategist.’’ In the chose their next President. But to the rest of us in the country. They same article, White nationalist leaders come here after the election, after the want equal justice under the law. They say they see Bannon ‘‘as an advocate American people have spoken and want restoration of the rule of law— for policies they favor.’’ made that choice, and continue to dis- something we have not seen in the out- According to the Southern Poverty parage their choice for the next Presi- going administration because of an Law Center, Bannon ‘‘was the main dent, as well as the leadership in the overpoliticized Department of Justice, driver behind Breitbart becoming a House and the Senate, really just among many other reasons. white ethno-nationalist propaganda smacks of—well, we used to call people I personally look forward to working mill.’’ like that sore losers. But, frankly, with the President-elect in the years When asked to comment on Bannon’s what he does is he also contributes to ahead to address issues that are impor- hiring, KKK leader David Duke told the coarsening of our discourse and de- tant to my State and to families across CNN, ‘‘I think that’s excellent.’’ bate here in the Senate. the country. A court filing stated that Bannon I had to check the Standing Rules of I am grateful, as well, that the Amer- said ‘‘that he doesn’t like Jews and the Senate to see whether rule XIX, ican people have entrusted such a big that he doesn’t like the way they raise which governs the terms of debate, task to Republicans, who will lead both their kids to be ‘whiny brats’ and that would cover the President or the Presi- Chambers of Congress. In an election he didn’t want [his] girls to go to dent-elect because certainly—when the year that no one could predict—in fact, school with Jews.’’ Senate rules say that ‘‘no Senator in almost every prediction I made was By placing a champion of White su- debate shall directly or indirectly by wrong—in an election year where very premacists a step away from the Oval any form of words impute to another few people were right about their pre- Office, what message does Trump send Senator or to other Senators any con- dictions as to the ultimate outcome, to the young girl who woke up Wednes- duct or motive unworthy or unbecom- we see a clear theme emerge: People day morning in Rhode Island afraid to ing of a Senator,’’ certainly the Demo- want something different from business be a woman of color in America? It is cratic leader’s comments, although not as usual when it comes to politics. certainly not a message of healing. technically within the ambit of the They want us to shift gears. They felt If Trump is serious about seeking rule, violate the spirit of the rule and it was necessary to get the country unity, the first thing he should do is the sort of debate and discussions we back on the right track. I agree with rescind his appointment of Steve ought to be having here in a civilized them. Bannon. Rescind it. Don’t do it. Think and civil and dignified sort of way. I will note the one thing the Amer- about this. Don’t do it. As long as a I realize the Democratic leader will ican people did not want to change, and champion of racial division is a step be leaving the Senate at the end of this that is the Republican majority of the away from the Oval Office, it will be year. I hope we can return to the sort Senate. That led to the reelection of impossible to take Trump’s efforts to of civil and dignified discourse and dif- Republican Senators in States such as heal the Nation seriously. ferences of opinion that we surely will Ohio, Pennsylvania, and Wisconsin, in So I say to Donald Trump: Take re- have from time to time about matters addition to the new Member of our con- sponsibility. Rise to the dignity of the of policy. This is the Senate, for heav- ference from the great State of Indi- Office of the President of the United en’s sake. This is where those dif- ana. I look forward to welcoming all of States instead of hiding behind your ferences are supposed to be debated and them, as well as our new Democratic Twitter account and show America litigated and discussed and then we colleagues, and invite them to work that racism, bullying, and bigotry have vote. But the sort of recriminations with us to try to meet the challenges no place in the White House or in that the Democratic leader keeps com- of these times and to work together to America. I yield the floor. ing back to just strike me as inappro- solve the challenges and problems that priate and uncalled for. confront the American people. f Rather than contribute to the sort of But it is very clear that the Amer- RESERVATION OF LEADER TIME healing of our Nation that Secretary ican people wanted a change in the The PRESIDING OFFICER. Under Clinton—who, by the way, had more to White House. They did not want to the previous order, the leadership time complain about than the Democratic change Republican majorities in both is reserved. leader does in terms of the outcome; Chambers of Congress. They did not f she ended up on the short end of the want to do that. Voters were able to stick—or the President of the United cut through the noise and see what we MORNING BUSINESS States, President Obama—the com- have been able to accomplish so far— The PRESIDING OFFICER. Under ments they have made, the gracious not that they gave us the Good House- the previous order, the Senate will be comments recognizing the importance keeping seal of approval, but they have

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.004 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6323 seen a difference in the last 2 years tricity, oil, gas, and other energy tion has been marked by a go-it-alone under a Republican majority in the sources as a way to keep them in tow. attitude. Remember, the President said Senate, and apparently they saw We also passed major legislation to he had a phone and a pen, and he was enough that they liked that they want- address the growing opioid epidemic quite prepared to act and not consult ed to keep us in the majority. They hurting families across the country. with Congress. Of course, that resulted have seen a Senate that has prioritized Under Republican leadership, the in a flood of Executive orders and uni- the American people, that has care- Senate saw all 12 appropriations bills lateral actions that won’t live out his fully and methodically returned the pass out of their respective committees term of office. When he becomes Presi- Senate back to the basics of doing our for the first time since 2009 and the dent, I am confident President-Elect job, which is legislating. That includes first balanced budget passed since 2001. Trump will reverse many of those Ex- passing key pieces of legislation Unfortunately, our Democratic col- ecutive orders, and we will work with through Congress, like the first leagues saw fit to filibuster those Sen- the administration to repeal much of multiyear highway bill in a decade. I ate appropriations bills, which is why the overregulation that is strangling realize that does not excite a lot of we are here after the election in the small businesses and our economy. people, but it is the basic fundamental waning days of 2016 to try to make sure Going into this year’s Presidential job of the Senate and the Congress to that we pay the bills and keep the gov- election, we all knew that the Presi- legislate, to deal with our infrastruc- ernment up and running in a lameduck dent-elect would have a decision to ture needs, as the Democratic leader session. make—either to shore up President This is not a great way to do busi- talked about. We actually did deal with Obama’s policies and further those bur- ness, and this isn’t our first choice. But some of our major infrastructure needs densome regulations that were created because of the filibuster of those appro- by passing the first multiyear highway by his administration or to rip up priations bills—even though they bill in a decade, which is important to those that are in place or were put in passed out by overwhelming bipartisan our economy, to public safety, and to place unilaterally and instead work majorities and represent policies that the quality of the environment. That with Congress on a bipartisan basis. are agreed to by both political par- represents a substantial accomplish- After all, we are the elected represent- ties—here we are. ment. We have also had more participation atives of the American people. It is our We also passed the first education re- on a bipartisan basis by Members of firm desire to unleash the sleeping form law since No Child Left Behind, the Senate in the legislative process. giant of the American economy, and I which was admittedly controversial. There were more votes on amend- believe we can, given the outcome of We repealed the common core man- ments—more than 250 during this Con- this election. dates and devolved more authority gress. This is because of the deter- Fortunately, President Trump ap- from Washington, DC, back to the mined leadership of our majority lead- pears to be eager to work with us to States, back to our school administra- er, Senator MCCONNELL, who has seen help grow American jobs, strengthen tors and parents and teachers where it fit to restore the power to committee our economy, and make sure that the belongs. chairmen to have the freedom and next generation is better off than those We should have learned by now the flexibility to lead their committees before it. As I said, that means pushing hard way that when somebody has a while allowing Members, on a bipar- back on harmful regulations that have bright idea here in Washington, DC, tisan basis, to contribute to legislation been promulgated by, for example, that has not been tried and tested before it comes to the floor and is sub- Obama’s Environmental Protection across the rest of the country in the ject to further action. I believe the re- Agency. It certainly means repealing laboratories of democracy known as sult is the creation of solid legislation ObamaCare, a law that was jammed our States, we are just as likely to get that will stand over time—not partisan through on a party-line vote and that it wrong. I would say Exhibit No. 1 or or ramming legislation through be- has not worked as it was promised to A for that is ObamaCare. Trying to cause you can do it but building con- work. take one-sixth of our economy and sensus and trying to address problems We have a lot of work ahead of us. I transform it in a way that does not get on a step-by-step basis. believe we also have a mandate from the buy-in of both political parties, With the election behind us, the Sen- the American people, who are sick and much less the American people, only to ate can begin looking to next year. We tired of business as usual, ready for see those promises not kept—that does are eager to finish our work this year, change and for a government that nothing to promote public confidence which I am sure we will shortly, and works for them and not against them. in their government. are looking to what we might be able I look forward to being part of that We did pass the Every Student Suc- to do with what the American voters change. I am grateful the American ceeds Act, which does send some of have given us in terms of majorities in people have given us the opportunity that power back home. both Houses and President-Elect to serve. We have done a number of other Trump. As I said, I look forward to I yield the floor. things, including one that I am par- working with the new President to im- Madam President, I suggest the ab- ticularly proud of, which was to help prove the lives of the men and women sence of a quorum. root out human trafficking and protect working day in and day out across the The PRESIDING OFFICER (Ms. the victims of this heinous crime—the country. This is an exciting moment AYOTTE). The clerk will call the roll. first major human trafficking legisla- for them and for us. It is good news The senior assistant legislative clerk tion passed perhaps in 25 years, and that we have been provided this oppor- proceeded to call the roll. more resources are now available to tunity. Mr. WYDEN. Madam President, I ask the victims of human trafficking so Fortunately, the Senate will con- unanimous consent that the order for that they can begin to heal. tinue to have a major role to play. the quorum call be rescinded. We proved that we could get some Over the last few months, we spent a The PRESIDING OFFICER. Without things done—not as much as we would lot of time talking about what was at objection, it is so ordered. have liked but some substantial things. stake in this election. At the forefront f As the Presiding Officer knows, lift- was the U.S. Supreme Court. So I look OPIOID ADDICTION ing the crude oil export ban has been forward to hearing who President very important to the energy producers Trump will nominate to fill the seat Mr. WYDEN. Madam President, last here in the United States and will go a being vacated by the death of Justice month, Democratic staff on the Fi- long way to making sure they get a Scalia. I hope that the Senate Judici- nance Committee put out a report doc- fair price for their product on the ary Committee will take that nomina- umenting the staggering shortage of world markets. It will also give us a tion up on a timely basis and that we treatment services in America for chance to help some of our allies will quickly move forward once the those suffering from opioid addiction. around the world against whom energy nomination is made. This report surveyed a cross-section of is used as a weapon by people who We have a lot more work to do. Over American communities and found there would cut off their supply to elec- the last 8 years, the Obama administra- is a yawning treatment gap keeping

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.005 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6324 CONGRESSIONAL RECORD — SENATE November 15, 2016 many from getting the help they need. Every time we look at a football who died as a result of their service during a Nearly 90 percent of Americans suf- game, we see dozens of ads for block- period of war. fering from opioid addiction, according buster drugs, but Americans watch The PRESIDING OFFICER. Under to the most current analyses, are not those ads and say: Yes, we want those the previous order, there will now be 30 receiving the treatment they need—90 cures, yes, we want the scientific minutes of debate equally divided in percent. The treatment gap is caused progress, but please, Congress, think the usual form. by a shortage of available treatment about policies that are going to allow The Senator from Missouri. services across the country, and even us to get those drugs. It is no wonder a OPIOID ABUSE where these services do exist, they are recent editorial pointed out it was Mr. BLUNT. Madam President, I am overwhelmed by demand. This gap is cheaper to fly round trip to India for a pleased to be here to talk about this straining rural communities that are hepatitis C treatment than to get it bill. First of all, following up on what already struggling to provide other es- here in the United States. People see my friend just talked about on opioid sential medical services. Asking these these bills piling up. If they are able to abuse, I want to particularly thank the communities to provide care when they afford their medications today, they Chair for her leadership on this issue. are stretched in such incredibly thin are saying: Are we going to lose access Really, as the chairman of the appro- ways forces them into impossible tomorrow? priating committee that looked at this choices. The result is even more lives To me, here is the bottom line for the before we had any legislation, it was in America are lost to opioid addiction. fall. Here is the bottom line for where largely the Chair’s effort that made us Earlier this year, after Congress we ought to go. Yes, we should support triple the amount of money we were passed legislation called CARA author- medical breakthroughs and research committing to this cause over a year izing anti-addiction programs, Mem- into cures, but let us not keep the pa- ago. I thank her for understanding this bers did an awful lot of celebrating, an tients out of the debate. Let us make and advocating for it as one of the two awful lot of victory laps, and fired off a sure we add the funds needed for treat- or three earliest Members to bring to forest of press releases, but that act ment for those who are addicted to the attention of the Senate that this is didn’t put a penny into these essential opioids, and as we look at this issue of a problem that affects rural America, treatment programs. I just wanted to cures, let us also look at policies to urban America, small States, and big come to the floor because we are look- make sure people can afford their States. I thank her for her leadership. ing at another crucial time to help medicines. Because of that, last year we had a those suffering from addiction. The The Committee on Finance has been 284-percent increase in the money com- press releases don’t do anything for looking at these issues. For example, mitted to that. We doubled that people suffering from these horrible ill- recently, I raised a serious objection amount again this year. Assuming we nesses who might turn next to heroin, when I learned a panel meant to be are able to move forward with the and when nearly 9 out of 10 addicted to studying how to turn the tide on opioid Labor, Health and Human Services bill opioids aren’t getting treatment, clear- addiction was stocked with people this year, it will be virtually a 600-per- ly there is much more that needs to be closely tied to opioid manufacturers. cent increase. We are already halfway done so it is critical in this lameduck We blew the whistle on that and four there, and that first half was largely session to follow through with funding. nominees to the panel were dismissed. because of the Presiding Officer’s un- I have been encouraged by several of We have a lot to do this fall. I know derstanding of this issue, and I am the conversations that have taken time is short, but, yes, let us promote grateful for that. place over the last few days about find- these new cures; yes, let us make sure Madam President, on the bill before ing a path forward to ensuring there be people who are addicted to opioids have the body today, I ask my colleagues to real funds for treating opioid addiction, new opportunities for treatment; and join me in supporting the Gold Star but I have seen some of these debates as we look at drug development, let us Families Voices Act. The legislation before, and I have been encouraged be- make sure we don’t see so many Ameri- passed the House unanimously in Sep- fore only to see the chance for progress cans on the outside looking in as prices tember. I hope the Senate will do the stall out. I would like to note that I be- go up and up and up. There is more same today. lieve there is a special reason right work to be done on both fronts: ensur- In 2000, Congress created the Vet- now to stand up for patients and make ing access to new science, ensuring ac- erans History Project at the Library of sure they have access to treatment, cess to treatment services, ensuring ac- Congress. That project was designed to that they have what they need. cess to affordable medicines. That is collect and catalog the stories of Amer- In the next few weeks, the Congress what we ought to be focusing on this ican war veterans. The purpose of the is going to consider another piece of fall. project was ‘‘to preserve the memories legislation called the 21st Century With that, I yield the floor. of this Nation’s war veterans so that Cures Act. This will be a bill designed Americans of all current and future to encourage research and scientific f generations may hear directly from development of new pharmaceuticals, CONCLUSION OF MORNING veterans and better appreciate the re- fast-tracking the development of phar- BUSINESS alities of war and the sacrifices made maceuticals. The PRESIDING OFFICER. Morning by those who served in uniform during I don’t take a backseat to anyone business is closed. wartime.’’ when it comes to supporting innova- To date, the Veterans History tion and scientific research. In fact, f Project has collected the oral history early in my Senate days, I chaired the GOLD STAR FAMILIES VOICES ACT records of over 100,000 veterans who Senate’s Science Subcommittee so I Mr. BLUNT. Madam President, I ask have served in the military since World know how important it is. At the same that the Gold Star Families Voices Act War I—100,000 stories preserved that time, this piece of legislation will also be reported. wouldn’t have been otherwise. offer a great benefit to the large phar- The PRESIDING OFFICER. Under As important and extensive as that maceutical companies in America. The the previous order, the Committee on project is, as important as those 100,000 Congress will be considering the Cures Rules and Administration is discharged memories are, today the project only bill with the backdrop of so many who from and the Senate will proceed to the includes firsthand narratives. Now, are addicted to opioids not being able consideration of H.R. 4511, which the what does that mean? That means that to get access to treatment, and they clerk will report. only people who are telling their own are going to be concerned about how The senior assistant legislative clerk story are included in the stories we there will be more research for new read as follows: have created and have been able to se- drugs because we want to see these cure because of the Veterans History A bill (H.R. 4511) to amend the Veterans’ cures. They are going to ask: How are Oral History Project Act to allow the collec- Project, which effectively excludes the we going to afford them? We want the tion of video and audio recordings of bio- stories of veterans who didn’t return cures, but we also want to be able to graphical histories by immediate family from the battlefield—the men and afford these medicines. members of members of the Armed Forces women who lost their lives defending

VerDate Sep 11 2014 01:50 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.007 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6325 this country. This legislation would en- I first heard about this need in 2014, 2015, which became law on July 30 of sure the stories of veterans who made when thousands of patients, patient ad- last year. Senator KLOBUCHAR from the ultimate sacrifice would now be in- vocates, and others came to Congress Minnesota and Senator KING from cluded in the archives. in order to bring attention to the dev- Maine were especially supportive and How would this work? This bill would astating consequences of what was aggressive in getting this bill to the allow the family members of veterans then a brandnew Medicare policy. The finish line, and I thank them again for who are missing in action or who have devices they were concerned with are their partnership and their support. died as a result of their service to par- critical for patients who have lost their The act reinstated the longstanding ticipate in the project and tell the sto- ability to speak, to communicate with Medicare policy to offer immediate re- ries of their loved ones. Immediate friends and family and doctors, to call lief for patients experiencing incredible family members who can participate 911 in case of emergency, ALS patients difficulty accessing the important life- include parents, spouses, siblings, and and others with similar debilitating changing equipment I described. The children of veterans who were not able diseases. These patients are locked in, Steve Gleason Act of 2015 was a huge to tell their own story. We wouldn’t be unable to communicate, and it is only win for thousands of ALS patients, who we are today if it wasn’t for the because of miraculous, relatively new their families, caregivers, and others, acts of courage and selflessness of our devices that they can communicate but we need to make this act perma- fallen heroes. We owe it to them, but with caregivers and the outside world. nent. It is of limited duration as it was we also owe it to their families to In most cases, this involves their using passed last year. We need to make it permanent. It is as simple as that. We know of their names, their deeds, the a computer screen and keypad, where need to do it between now and the end honorable service they gave the coun- they literally make eye contact with of the year. try, and we need to preserve those the keyboard on a computer screen, So I encourage all of my colleagues memories. The families of these fallen type out a message, and then the com- to come together, as we did last year, heroes are in the best position to share puter through a computer voice articu- to take this commonsense step to em- their stories so future generations of lates that message to caregivers, fam- power these patients to be in touch Americans may never forget the people ily, doctors, and the outside world. with the outside world and their family we owe our freedom to and have not Because of a Medicare change—an and their caregivers—literally give been able to have their story told up unprovoked, unnecessary change in them voice, literally empower them, as until now. I think this legislation will Medicare policy—many of these pa- Steve has inspired and empowered so make a great program even better and tients were denied access to these life- many others with ALS. hope my colleagues will agree. changing devices. The devices were lit- FUNDING FOR LOUISIANA FLOOD VICTIMS I thank the American Gold Star erally confiscated in thousands of Madam President, I also rise to talk mothers for fighting to make this bill a cases. They were not allowed to use about another key unmet need that is priority. I thank Congressman CHRIS this technological miracle to make even of broader scope. As I said a few SMITH, who introduced this legislation them more fully independent. minutes ago, that is the urgent need in the House and who has been its ulti- Thank goodness, entered Steve Glea- between now and the end of the year to mate champion. I was happy to be able son, a superadvocate for the ALS compass emergency help for the recent to lead this bill through the Rules munity, an ALS patient himself. Steve flood victims of Louisiana who were Committee. is a former player for the New Orleans devastated by the consequences of that I urge all my colleagues to join me Saints. He famously blocked a punt enormous flood. today in helping to honor those who during the first game in which the Unfortunately, because there were made the ultimate sacrifice and make Saints reopened the Superdome after lots of other things in the news at the sure their stories and those of their Hurricane Katrina; then, a few years time when that flooding happened in loved ones become part of this historic after that, he was diagnosed with ALS Greater Baton Rouge and Acadiana, a record. himself. lot of Members and folks around the Madam President, I yield the floor. Just as he gave the city of New Orle- Nation don’t fully appreciate and un- The PRESIDING OFFICER. The Sen- ans a rallying point around which to derstand the gravity of that flooding. ator from Louisiana. rebuild after the devastation of Hurri- It was way underreported in the na- Mr. VITTER. Madam President, I rise cane Katrina, through his organization tional media. It was way underappre- to bring up two key priorities—two im- Team Gleason, Steve also gives the ciated and not fully understood by us portant unmet needs—which I hope ALS community and their families in the Congress. We have solved some this body and the U.S. House will act hope and a rallying point with his of that in the months since then, but on immediately and certainly by the motto: ‘‘No White Flags.’’ still, to this day, so many Americans end of the year. I believe Steve’s wife Michel summed don’t understand the gravity of that The first is the Steve Gleason Act, up the cause of ALS patients like Steve flooding. legislation I drafted which passed last and their loved ones succinctly when The flooding I am describing a few year but for a limited period of time. she said: months ago in Greater Baton Rouge We need to make that permanent for What causes me the most pain is the loss and Acadiana in Louisiana is the reasons I will explain. of his voice, I love hearing his voice. I want fourth worst natural disaster we have The second even broader need is to him to talk to me, and to our son Rivers. experienced in a decade or more, only ensure that victims of the recent flood- This disease takes his body; to take his voice behind Hurricane Katrina, Superstorm ing in Louisiana—many families whose just seems unfair. Sandy, and Hurricane Ike—the fourth lives were devastated in incalculable Of course, this is where this life- worst natural disaster by any reason- terms—get the aid they need. We made changing device and this similar med- able metric, such as FEMA individual an important downpayment on that be- ical equipment helps plug the gap. This assistance. Louisiana had over 114,000 fore we wrapped up business before the is why the horrible reversal in Medi- homes—114,000 homes—with a verified elections, with the understanding that care policy caused so many problems. loss. Let’s do a comparison to under- we would clearly revisit the issue be- Steve and I worked together on legis- stand the scope of that. tween now and the end of the year. lation that would reverse that policy In 2016, Missouri had horrendous Madam President, first, the Steve change and would give folks with ALS flooding, very serious flooding, and I Gleason Act. As I said, I am very happy their voices back. Steve was my guest certainly supported an appropriate re- that last year the Senate and the at the State of the Union speech in sponse there. That was about 2,500 indi- House passed my legislation, the bipar- 2015. That day, we met with Secretary vidual registrations. South Carolina tisan Steve Gleason Act of 2015. It proof Health and Human Services Sylvia had even greater flooding in 2015. That vided immediate relief to ALS, or Lou Burwell and were able to build major was 26,000 individual registrations. Gehrig’s disease, and other similar pa- momentum, resulting in Members on Northern and Central Louisiana in tients who needed the help to make both sides of the aisle and both houses March of this year had major flooding. sure they had access to important, life- of Congress coming together and even- That was 40,000 individual registra- changing medical equipment. tually passing my Steve Gleason Act of tions. We are talking 114,000 homes

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.008 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6326 CONGRESSIONAL RECORD — SENATE November 15, 2016 with verified loss. That is comparable The PRESIDING OFFICER. Without Take the election of 1800, for exam- to the loss in New York State from objection, it is so ordered. ple. The campaign between John Superstorm Sandy. In Superstorm The bill was ordered to a third read- Adams and Thomas Jefferson was no Sandy, there were 124,000 homes with ing and was read the third time. picnic either. It was emotional, hard verified loss in New York—about the The PRESIDING OFFICER. Under fought, and full of partisan attacks. same number. Again, we are talking the previous order, the bill having been Each side alleged that the other would about 114,000 homes in Louisiana. Now, read the third time, the question is, bring about ruin to our young Nation. that was not all of Superstorm Sandy, Shall the bill pass? In his novel address, the new Presi- just New York. I am not counting New Mr. ISAKSON. Madam President, I dent, Thomas Jefferson, specifically Jersey. That was another significant ask for the yeas and nays. referenced the contentious process that number, but that gives us a sense of The PRESIDING OFFICER. Is there a the Nation had just gone through, but the magnitude we are talking about. sufficient second? then he said the following: ‘‘[B]ut this I thank all of our colleagues and our There appears to be a sufficient sec- [meaning the election] being now de- colleagues in the House and President ond. cided by the voice of the nation, an- Obama for proposing the beginning of The clerk will call the roll. nounced according to the rules of the The legislative clerk called the roll. an appropriate response. Before we Constitution, all will, of course, ar- Mr. CORNYN. The following Senators broke for the elections, we did pass sig- range themselves under the will of the are necessarily absent: the Senator nificant emergency funding to go be- law, and unite in common efforts for from Texas (Mr. CRUZ), the Senator yond the normal help in the Stafford the common good.’’ from Georgia (Mr. PERDUE), and the Act and other statutes that pertain to Let me repeat that: ‘‘all will . . . ar- Senator from Alabama (Mr. SESSIONS). FEMA and related agencies. About $400 range themselves under the will of the million was sent to the flood victims in The result was announced—yeas 97, nays 0, as follows: law, and unite in common efforts for Louisiana, but by any metric, that can the common good.’’ [Rollcall Vote No. 152 Leg.] only be the beginning. In fact, Presi- That is the key. That is what sepa- dent Obama at the time and Congres- YEAS—97 rates our Nation from tyrannies and sional leaders at the time pledged that Alexander Flake Murray other oppressive forms of government. this would be the beginning and that Ayotte Franken Nelson Baldwin Gardner Paul In the United States, we may have con- we would come back now and, between Barrasso Gillibrand Peters tentious elections. But at the end of now and the end of the year, finish an Bennet Graham Portman the day, we accept the results, and we appropriate response. Blumenthal Grassley Reed Blunt Hatch move forward for the common good. I mentioned losses in New York Reid That doesn’t mean we give up fighting Booker Heinrich Risch caused by Superstorm Sandy. It was Boozman Heitkamp Roberts for what we believe in, of course, but just a little more losses on homes Boxer Heller Rounds we fight within the law, not outside of flooded than we are talking about in Brown Hirono Burr Hoeven Rubio it. Louisiana, and yet New York received Cantwell Inhofe Sanders Our form of government endures be- $8.6 billion related to that in emer- Capito Isakson Sasse cause as a nation we respect the rule of Schatz gency CDBG funds. We are not asking Cardin Johnson law. But there is another thing to re- for near that amount, but that gives Carper Kaine Schumer Casey King Scott member about elections—not just the you a sense of the magnitude of the Cassidy Kirk Shaheen obligation that we have to accept the need. Certainly, the request the Gov- Coats Klobuchar Shelby results and move forward, but some- Cochran Lankford ernor and others—including myself and Stabenow thing else, and that is what President Senator CASSIDY—have put forward is Collins Leahy Sullivan Coons Lee Obama reminded us of the day after the fully justified by the numbers, by the Tester Corker Manchin Thune election: We are all Americans, and at metrics. Cornyn Markey Tillis the end of the day, we are all on the I would simply ask all of our col- Cotton McCain Toomey same side. leagues in the Senate and all of our Crapo McCaskill Udall Daines McConnell Vitter Everyone is sad when their side loses an colleagues in the House to do the right Donnelly Menendez Warner election, but the day after, we have to re- thing—to look at the facts, to look at Durbin Merkley Warren member that we’re actually all on one team. the figures, to look at the numbers, Enzi Mikulski Ernst Moran Whitehouse This is an intramural scrimmage. We’re not and to make the appropriate response, Feinstein Murkowski Wicker Democrats first. We’re not Republicans first. as we have in every other previous dis- Fischer Murphy Wyden We are Americans first. We are patriots first. aster, as we did in the lesser flooding in NOT VOTING—3 That is from President Obama the South Carolina, as we did in Missouri, Cruz Perdue Sessions day after the election. Indeed, we are as we did, certainly, with Superstorm Americans who believe in God-given Sandy, with Ike, Katrina, and Rita, et The bill (H.R. 4511) was passed. The PRESIDING OFFICER (Mr. freedoms, and what unites us is greater cetera—no special treatment. Just look than what divides us. In the coming at the numbers and look at the GARDNER). The Senator from South Da- kota. days, I look forward to working with metrics. Do the right thing. my fellow Americans from both parties Our request from Louisiana is fully f to meet the challenges that are facing in line with that and fully justified by MORNING BUSINESS our Nation. that precedent. It is a serious natural There is one thing that this election disaster. It was woefully under- Mr. THUNE. Mr. President, I ask made clear: It is that this economy is reported. So it is important that we all unanimous consent that the Senate be not working for American families. In learn more about it, focus on it, under- in a period of morning business, with one CNN exit poll last Tuesday, 63 per- stand the magnitude of the loss, and Senators permitted to speak therein cent of voters rated the economy as ensure that we respond properly and for up to 10 minutes each. poor. That result should not surprise adequately before the end of the year. The PRESIDING OFFICER. Without I look forward to continuing to work objection, it is so ordered. anyone. The last few years have been with all of my colleagues, starting with f tough for American workers. Job creation has been sluggish. Wages have Senator CASSIDY, to do just that. THE ELECTION AND REPUBLICAN been stagnant. Economic growth has With that, I yield the floor. PRIORITIES I suggest the absence of a quorum. lagged far behind the pace of other re- The PRESIDING OFFICER. The Mr. THUNE. Mr. President, there is coveries, and opportunities for workers clerk will call the roll. no doubt that the election we have just have been few and far between. The legislative clerk proceeded to been through was a bad one. Emotions There is no wonder so many hard- call the roll. ran high on both sides and are still run- working Americans feel that they have Mr. ISAKSON. Madam President, I ning. But this is hardly the first time been left behind. To the millions of ask unanimous consent that the order it has happened in our history, and it American workers who are discouraged for the quorum call be rescinded. won’t be the last. by this economy I want to say this: We

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.009 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6327 hear you. Republicans hear you. I military have the tools they need to currency of what was dubbed the promise you, we are going to act. defeat terrorist threats. We will make ‘‘favor factory’’ by a superlobbyist who Growing our economy is going to be sure that our military men and women would eventually go to jail for corrup- our No. 1 priority next Congress. remain the best equipped and the most tion. There are a number of things we can prepared fighting forces on the planet. Earmarks were used to reward cam- do to get the economy healthy again. Another key component to keeping paign donors and political supporters We can reform our Tax Code to reduce Americans safe is securing our borders. and to buy and sell the votes of politi- the burden on American families and We must have secure borders and poli- cians. The deciding vote that was nec- businesses. Right now our Nation has cies that encourage legal immigration essary to pass ObamaCare, for example, the highest corporate tax rate in the while discouraging illegal immigra- was secured with an earmark for Ne- developed world. More and more Amer- tion. braska and derided as the ‘‘Cornhusker ican companies are focusing their busi- Then there are the other priorities Kickback.’’ ness operations overseas because the we need to address: confirming a Su- Republicans lost control of Congress tax situation is so much better abroad. preme Court nominee who will judge in 2006, in part, as a result of the That means American jobs are going based on the law and the Constitution, public’s disgust with the corruption overseas with them. We have lost our protecting religious liberty, encour- within the favor factory. When Repub- competitive edge in an increasingly aging investment in our Nation’s infra- licans retook the House of Representa- global economy. Instead of pushing structure, and more. tives in 2010, a moratorium was put on corporations out of our country, we To all the Americans who voted for Congressional earmarking, which the should bring our Nation’s corporate tax change in this election, to every work- Senate also adopted. That remains in rate in line with those of other coun- er who has felt left behind in this econ- place to this day. tries to keep more jobs here in the omy, I want to say again: We hear you. Now some Republicans in the House United States. Republicans hear you. We are going to are pushing to reopen the favor factory Another big thing we can do is repeal fight for your priorities here in Wash- by lifting the moratorium, promising some of the burdensome government ington. We are committed to earning this time it will be different. Taxpayers regulations that are weighing down the trust that you placed in us on elec- ought to know that these promises are businesses. While some government tion day. simply hogwash. Having spent years regulations are necessary, every ad- The election is over, and it is time to fighting against earmarks, I am dis- ministration has to remember that reg- take up the work of governing the Na- appointed that one of the very first ulations have consequences. The more tion. Our Nation is facing many chal- votes after this election will be on a resources individuals and businesses lenges. It is time for all of us—Demo- Republican-led proposal to bring back spend complying with government reg- crat and Republican, liberal and con- earmarks. ulations, the less they have available servative—to unite to address them. If Congress should instead immediately to focus on the growth and innovation we work together, I firmly believe we pass legislation to make the ban on that drive our economy and create new will once again be able to say, as Presi- earmarks a permanent statutory prohi- opportunities for American workers. dent Ronald Reagan once said: bition. After all, you cannot drain the Over the past 8 years in particular, American’s best days are yet to come. Our swamps by feeding the alligators pork. businesses have had to devote far too proudest moments are yet to be. Our most With our national debt approaching $20 many resources to complying with gov- glorious achievements are just ahead. trillion, taxpayers expect Congress to ernment regulations. That has left I yield the floor. focus on cutting wasteful and unneces- them with few resources to dedicate to The PRESIDING OFFICER (Mr. sary spending instead of pigging out at growing and creating jobs. DAINES). The Senator from Arizona. the trough. Another thing we need to do is ad- f One of the worst parts of earmarks is dress our national debt, which has that we spend our time here when we EARMARKS nearly doubled over the past 8 years. are earmarking not providing oversight That debt is a drag on our economy. It Mr. FLAKE. Mr. President, a lot like for the massive appropriations bills slows growth and reduces economic op- indigestion, the desire for earmarks that get passed. That is the worst part portunity. It is time to get our govern- keeps coming back up. Tomorrow of it. We spend time doling out what ment back on a budget. afternoon our colleagues in the House amounts to a small portion of the Fed- Another way we can help lift the bur- will vote on a provision to overturn the eral budget, but it takes so much time den on American families is by repeal- Congressional ban on earmarking. As and effort from Members and their ing and replacing ObamaCare. The someone who helped put that ban in staffs just to secure that small bit of President’s health care law is broken. place, I believe it is important to ex- money that we are not spending the The promise of lower premiums and af- plain why it is very much still a neces- time we should providing oversight on fordable health care has given way to sity. the rest of the budget. That is the big- the reality of giant premium increases Consider the following: A teapot mu- gest crime of earmarks. and massive deductibles. It is time to seum in North Carolina, an indoor rain Instead of bringing them back, I hope give the American people health care forest in Iowa, bridges to nowhere in that we will actually pass a statutory reform that actually works. Alaska, a sheep institute in Montana, a prohibition that will remain. Another priority of the new Repub- Woodstock museum to commemorate I yield the floor. lican Congress will be national secu- the 1969 concert in New York, a $350 The PRESIDING OFFICER. The Sen- rity. Americans are rightfully worried million rocket launch site in Mis- ator from Illinois. about the threat posed by terrorist sissippi that was mothballed upon com- f groups such as ISIS, which has spread pletion that has been derided as the violence and devastation not only in ‘‘tower to nowhere,’’ and the weather IMMIGRATION the Middle East but across Europe and museum in Punxsutawney, PA. These Mr. DURBIN. Mr. President, like the beyond. We have even experienced are just some of the more infamous majority of Americans who supported ISIS-inspired terrorist attacks on pork projects that were tucked into the Democratic candidate for President American soil in San Bernardino and bills in Congress here during the by- in the most recent election, I was dis- Orlando. gone earmark era. appointed by the results. But last More recently, there were attempted During the heyday of earmarking in Wednesday, I publicly congratulated bombings in New York and New Jersey 2006, I believe there were some 16,000 President-Elect Donald Trump. I be- and an ISIS-inspired stabbing attack in earmarks spread around among the ap- lieve the bedrock principle of America Minnesota. Republicans are committed propriations bills at that time. Mem- is that we select our leaders and then to defeating ISIS abroad and keeping bers of Congress gleefully touted the come together as a country to try to Americans safe here at home. We in- outrageous manner in which billions of find common ground and move forward. tend to make sure that our law en- dollars were being misspent on obscure, On election night, the President- forcement agencies and our Nation’s parochial projects. Earmarks were the elect said:

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.025 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6328 CONGRESSIONAL RECORD — SENATE November 15, 2016 Now it is time for America to bind the It was 6 years ago when I wrote a let- My parents always instilled in me the wounds of division. To all Republicans and ter to the President, President Obama, value of an education, which is one of the Democrats and independents across the Na- joined by Senator Dick Lugar, a Re- main reasons they decided to leave every- tion, I say it is time for us to come together publican from Indiana. On a bipartisan thing in Mexico and come to the United as one united people. States. I dedicated myself solely to my edu- basis, we asked the President of the cation to honor the sacrifices my parents I agree with the President-elect’s United States to protect these young statement. During the campaign, made. DREAMers who grew up in America It was because of those outstanding President-Elect Donald Trump used in- from deportation. academic achievements in high school cendiary and offensive language about These kids deserve a chance. We have that Oscar was admitted to Dartmouth immigrants and immigration. I con- invested in them. We have given them demned those remarks at the time. I a good education in American schools, College, an Ivy League school in Han- remain concerned about their impact and it makes no sense to squander over, NH. He is the first member of his on our Nation. their talents by deporting them to family even to attend college. Oscar has excelled at Dartmouth. But all Americans have an obligation countries they barely know. to give this incoming President a The President, President Obama, re- During his freshman year, Oscar re- chance. I am hopeful that he will keep sponded. He established the Deferred ceived the William S. Churchill prize his promise of election night to bind Action for Childhood Arrivals Pro- for outstanding academic achievement the wounds of division, to bring our gram, known as DACA. DACA provides and contributions to the college in the Nation together. If he does, I look for temporary, renewable, legal status to areas of ‘‘fairness, respect for duty, and opportunities where we can work to- immigrant students who arrive in the citizenship.’’ gether. As a first step in bringing our United States as children. Approxi- Oscar serves on the student board Nation together, I hope Mr. Trump will mately 740,000 of these young people that judges violations of the Dart- change his rhetoric and his approach to have come forward and signed up for mouth honor code. He cofounded and immigration. DACA. DACA has allowed them a codirected the college’s first immi- As the President-elect knows, we are chance, without the fear of deporta- grant rights organization, and now he a nation of immigrants, and immigration, to contribute more fully to our is in his senior year at Dartmouth. He wants to be a teacher. He has ap- tion makes us stronger. Like me, Mr. country as soldiers, nurses, teachers, plied to graduate school at the Insti- Trump is the son of an immigrant. engineers, and police officers. DACA is tute for Recruitment of Teachers at When Mr. Trump takes the oath of of- based on the DREAM Act. It gives Phillips Academy. He wrote a letter to fice in January, the United States will these undocumented students who grew me and said: have a First Lady who is an immigrant up in this country a chance to earn for only the second time in our history their way toward legal status. When I received my DACA, the threat of deportation had been lifted and I felt I could and for the first time since 1801 when It is clearly legal. Like every Presi- dent before him, President Obama has actually achieve my dreams. DACA has al- President John Quincy Adam’s wife, lowed me to work for the first time and the Louisa Catherine Adams, was the First had the authority to set immigration money I earn goes to support my education Lady of the United States. policy, and the Supreme Court has re- and my family. During the campaign, Mr. Trump peatedly held that the Federal Govern- Oscar and so many other DREAMers pledged to deport all 11 million undocu- ment has broad authority in this area. have so much to give to America. If we DACA is not just legal. It makes mented immigrants, but in an inter- eliminate DACA, Oscar will lose his sense. The Department of Homeland view with ‘‘60 Minutes,’’ he recently legal status. He will be subject to de- Security only has enough funding to said he wanted to focus on deporting portation at any moment, and he could deport a small fraction of undocu- undocumented immigrants with crimi- be deported back to Mexico, a country mented immigrants. So the President— nal records. He acknowledged that mil- where he hasn’t lived for 15 years. our current President—and the Presi- lions of undocumented immigrants are Will America be a stronger country if dent-elect say: Let’s focus on those ‘‘terrific people.’’ we lose Oscar Cornejo or if he stays who might cause harm to America. I I wish to speak for a few moments here and becomes a teacher? I think agree with them. That is just common about some of those terrific people. the answer is very clear. sense. These words are important to me. I lis- I hope that President-Elect Trump But at the same time, President tened to them carefully. will consider that this young man is in Obama has said: Why would we want to It was 15 years ago when I introduced waste resources deporting young immi- a different category than someone who a bill known as the DREAM Act. My grant students who grew up in this came into this country and committed cosponsor at that time was Senator country and are making a great con- a serious crime. This is a young man ORRIN HATCH of Utah. This bipartisan tribution? During the campaign, Presi- who did just the opposite. He led a good bill recognized the fact that many of dent-Elect Trump pledged that he life. He was successful in high school. the undocumented in America were would end DACA. I hope that he will He has gone to college without any brought here as children. They didn’t reconsider that position. Federal assistance whatsoever. He make the family decision to get in the I have come to the floor over the last doesn’t qualify for a penny, yet he has car, to head for America—adults did. several years to tell the stories of these excelled and still, despite all these Some of them were only infants. But DREAMers. I can give speeches all day struggles, wants to give back to this they came to this country, and they about who they are, but some of them Nation, the only country he has ever have lived in this country since. They have the courage to step up and really called home. Losing him would be a go to school in America. They stand tell America who they are. loss to America. and pledge allegiance in the classroom Today I wish to speak to you about I appeal to the President-elect: Think to the only flag they have ever known. one of them. His name is Oscar long and hard about the future of this They speak English, and they believe Cornejo, Jr. In the year 2000, when country. Realize that he and I—the their future is in this country. Oscar was only 5 years old, his family President-elect and myself—as first- These were the DREAMers, and our came to the United States from Mex- generation Americans, have to under- bill said: Give them a chance. If they ico. Oscar grew up in Park City. It is a stand that it is immigration that has finish school and they have no serious small, northern suburb of Chicago, in brought so much by way of diversity criminal record, give them a chance to my home State of Illinois. and talent to the great United States. earn their way to legalization and citi- He was quite a student. In high We can’t shut down DACA. That would zenship. school he was a member of the Na- be horrible. It would mean that 744,000 Well, for 15 years this bill has been tional Honor Society and an Illinois young people such as Oscar, protected pending. Sometimes, it passes the Sen- State scholar. He received several Ad- from deportation, would wake up the ate. Sometimes, it passed the House. It vanced Placement awards and grad- next morning wondering if that knock never quite passed both Chambers in uated high school magna cum laude. on the door was the last they would the same year, and so it is still an aspi- This is what Oscar said about his high hear as a resident of America. I am ration and not legislation. school years: going to fight for Oscar and for the

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.026 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6329 744,000 who qualify for DACA and for The curse of the billy goat and the three managers, and dozens of trades, the DREAMers like them who came omen of the black cat are all dead. Fly but he won. After game 7, he said he here as children and simply asked for a the W and hoist the trophy. The 2016 was just proud to bring the World Se- chance. Chicago Cubs are the World Series ries trophy back to Chicago for Cubs There is real division in the Senate, champs, the very best in baseball. They legends Billy Williams and the late the House, and in the country when it posted the winningest record in Major Ernie Banks and Ron Santo and for the comes to immigration. As I have told League Baseball, with 103 victories to generations of fans who never stopped these stories on the floor—almost 100 58 losses, and they finished 171⁄2 games hoping. of them now—I have noticed a number ahead in their division, ahead of the St. What can we say about Cubs Manager of my colleagues from the other side of Louis Cardinals, always a formidable Joe Maddon? He urged his players in the aisle say: That really is a different baseball team. It was the first time the spring training to ‘‘Embrace the Tar- situation. This is a young child who Cubs had posted the most wins in base- get.’’ When the chips were down, he should be given a chance. Now is the ball since 1945 and the first time the had never doubted the Cubs were the time for America—this Nation of im- Northsiders had won 100 games since finest team. While some may view his migrants—to heal our wounds that di- 1935. style as unorthodox, his confidence in vided us during this election. In postseason play, the Cubs his players carried over onto the field. I hope and pray that the President- launched a ninth-inning comeback to The Cubs never panicked. They got elect, by word and action, in the com- take the National League division se- their job done. ing weeks and months will truly bring ries against the Giants in four games. Maddon spent decades in Major us together. Then it was the Dodgers. After losing League Baseball before coming to the f in back-to-back shutouts, trailing the Cubs. With this Word Series trophy, he Dodgers 2 to 1 in the series, the Cubs joins a small list of managers to win CONGRATULATING THE CHICAGO rallied to beat the Dodgers in six pennants in the American and National CUBS ON WINNING THE WORLD games and claimed their first National Leagues. He earned the 2015 National SERIES League championship in 17 years. League Manager of the Year, and I am Mr. DURBIN. Mr. President, for 16 For generations, the World Series has betting he is going to claim the title years, broadcaster Harry Caray was the broken many a Cubs fan’s heart. After again this year. voice of the Chicago Cubs. He wasn’t in winning the Fall Classic in 1907 and I congratulate the players—the Yogi Berra’s league linguistically. 1908, the Cubs went on to lose the World Series champion Cubs. Harry Caray could turn a phrase. World Series in 1910, 1918, 1929, 1932, Mr. President, I ask unanimous con- ‘‘Holy cow!’’ was one of Harry 1935, 1938, and 1945, their last World Se- sent to have printed in the RECORD the Caray’s signature lines. Another leg- ries appearance until this year. names of the players. endary Harry Caray line that made Yet, against history and against rea- There being no objection, the names people jump for joy was this: son, as the 2016 World Series began, were ordered to be printed in the It might be. It could be. It is! A home run! Cubs fans dared to believe. Maybe this RECORD, as follows: Harry Caray loved baseball. He loved was the year. Their faith was tested. Anthony Rizzo; Kris Bryant; Chicago. He loved the Cubs. But most The Cleveland Indians are a great and Javier Baez; of all, he loved the Cubs fans, those gutsy ball club. They took an early and Addison Russell; generations of fans who packed Wrigley commanding control of the Series, Miguel Montero; Field every year, almost certain that leading the Cubs three games to one in Willson Contreras; the best of seven. Jon Lester; their team would lose but hoping for a Jake Arrieta; miracle. Harry Caray once said of the Then the magic started. With their Kyle Hendricks; citizens of Cubs Nation: backs to the wall, one defeat away John Lackey; This has been the remarkable thing about from elimination, the Cubs roared back Aroldis Chapman; the fans in Chicago, they keep drawing an to win the final three games of the Se- Jason Heyward; Dexter Fowler; average of a million-three a year, and when ries and brought the World Series tro- Jorge Soler; the season’s over and they’ve won their usual phy home to Chicago. They clinched Chris Coghlan; 71 games, you feel that those fans deserve a the World Series in game 7 with an 8- Albert Almora, Jr.; medal. to-7 win in extra innings. The game Mike Montgomery; Well, Harry Caray passed away in was tied 6 to 6 after nine innings. The Carl Edwards, Jr.; Pedro Strop; 1998. But like every Cubs fan, he be- suspense was heightened by a rain Hector Rondon; lieved until his final breath that the delay that was called just as the 10th Travis Wood; and Chicago Cubs, those loveable losers, inning was about to start. The rain Justin Grimm. would one day reclaim the title as stopped the game for 17 minutes. The Mr. DURBIN. Mr. President, I am Major League Baseball’s World Series Cubs scored 2 runs when they came going to wrap up. I see the majority champions, a title they held and won in back in the top of the 10th inning on a leader is on the floor, but I know he is 1908. double by Ben Zobrist and a single by a big sports fan. Well, Harry Caray was right. The day Miguel Montero. Catcher David Ross, playing in the came. Miraculously, in the early morn- The Indians scored a run in the bot- final game of his career, made history ing hours of November 3, in the 10th in- tom of the 10th inning, but it wasn’t when he hit a home run in the fifth inning of the 7th and deciding game enough. The final score: Cubs 8, Indians ning of game 7 to give the Chicago against the gritty, formidable Cleve- 7. Cubs a 6-to-3 lead. At 39 years of age, land Indians, the Chicago Cubs won the Ben Zobrist was named World Series almost 40—a senior by baseball stand- 2016 World Series. That heart-stopping MVP. It was only the sixth time in ards—Ross became the oldest player game 7—in fact, the whole series—was World Series history that a team had ever to hit a home run in World Series a contest for the ages and one that come back from a deficit of three game 7. Cubs fans will be talking about for gen- games to win a championship. The last Kyle Schwarber—what a comeback— erations. team to pull it off was the Kansas City tore his ACL in the third game of the Let me say it again. The Cubs’ im- Royals in 1985. season and worked his whole season in probable, come-from-behind World Se- This World Series victory was truly a physical rehab to try to come back. He ries championship marks the first time team victory. Every member of the made it just in time to play in the since 1908 that the Cubs won the World team and organization deserves credit. World Series. He ignited the Cubs’ 10th Series. Their 108-year drought with our Cubs General Manager Theo Epstein, inning rally in game 7 with a lead-off World Series trophy marked the long- destined for the National Baseball Hall single and finished the Series with a est losing streak of any team in any of Fame, arrived in Chicago in 2011 .412 average and two RBIs. sport in the United States of America. with the challenge of rebuilding an or- And then there is Ben Zobrist, the But all those years of dashed hopes and ganization that had tried everything to pride of Eureka, IL, and the MVP of deferred dreams are history. no avail. It took him five seasons, 2016.

VerDate Sep 11 2014 04:04 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.027 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6330 CONGRESSIONAL RECORD — SENATE November 15, 2016 I want to also congratulate the AMERICAN ENERGY AND CON- park and proud of his Appalachian her- Cleveland Indians’ manager Terry SERVATION ACT OF 2016—MOTION itage. His memory will continue on Francona and their entire organization TO PROCEED through his two children, Reid and and one of their best and most loyal Mr. MCCONNELL. Mr. President, I Xander. fans, Senator SHERROD BROWN. As move to proceed to Calendar No. 543, S. My thoughts go out to the Howard Terry Francona said after game 7, they 3110. family during this time of grief. I want tried until there was nothing left. The PRESIDING OFFICER. The to thank Mr. Howard for his many The epicenter of Cubs Nation is on clerk will report the motion. years of dedication to preserving a the North Side of Chicago, but it is The senior assistant legislative clerk park that is a treasure, not just for the much bigger. It reaches across Amer- read as follows: Commonwealth of Kentucky, but also the Nation. I am sure my Senate col- ica. The Cubs Nation has fans in every Motion to proceed to Calendar No. 543, S. city. Probably the most amazing pa- 3110, a bill to provide for reforms of the ad- leagues join me in expressing gratitude rade I have ever attended—and I have ministration of the outer Continental Shelf and admiration for Mr. Howard’s life been to hundreds—was the Cubs’ vic- of the United States, to provide for the de- and legacy of service as well. tory parade. They estimated the crowd velopment of geothermal, solar, and wind en- An area publication, the Mountain at 5 million. I tell you what, I think ergy on public land, and for other purposes. News WYMT, published an article on they are right. The population of the CLOTURE MOTION this sad incident. I ask unanimous con- 1 sent that the article be printed in the city of Chicago is 2 ⁄2 million, just to Mr. MCCONNELL. I send a cloture give an idea of how many they drew. motion to the desk. RECORD. There being no objection, the mate- I will close with a short story. Al- The PRESIDING OFFICER. The clo- rial was ordered to be printed in the though that 108 years between World ture motion having been presented RECORD, as follows: Series victories brought much heart- under rule XXII, the Chair directs the ache to the Cubs Nation, there was joy clerk to read the motion. [From WYMT, Aug. 23, 2016] after the drought. Quite a bit of that The senior assistant legislative clerk FRIENDS MOURN THE LOSS OF MAN KILLED WHILE MOWING GRASS joy was listening to the legendary read as follows: (By Caleb Noe) broadcaster who preceded Harry Caray CLOTURE MOTION as the voice of the Cubs. His name was BELL COUNTY, Ky.—Across the country, We, the undersigned Senators, in accord- park rangers wear a black band across their Jack Brickhouse—or just ‘‘Brick’’ to ance with the provisions of rule XXII of the his friends. He was born in Peoria and badges, mourning the loss of one of their Standing Rules of the Senate, do hereby own. he was the first voice of the Cubs. He move to bring to a close debate on the mo- ‘‘The Cumberland Gap staff is a family in was the play-by-play announcer from tion to proceed to Calendar No. 543, S. 3110, itself. Knowing that one of our own is no 1948 until 1981. He called games for the a bill to provide for reforms of the adminis- longer with us is definitely having its toll,’’ White Sox, the Bears, and the Bulls. No tration of the outer Continental Shelf of the said Supervisory Park Ranger Carol wonder he is in both the Baseball and United States, to provide for the develop- Borneman. ment of geothermal, solar, and wind energy the Broadcasters Hall of Fame. Berlin Forest Howard III, 27, a mainte- on public land, and for other purposes. nance worker at Cumberland Gap National On May 12, 1970, he was in the broad- Bill Cassidy, John Cornyn, Pat Roberts, Historical Park, was killed on the job while caster’s booth when ‘‘Mr. Cub,’’ the Mike Crapo, Lamar Alexander, Shelley mowing the grass. great Ernie Banks, reached a milestone Moore Capito, Daniel Coats, Mike We’re told the incident happened just off of few players ever achieve. Pat Jarvis Rounds, Richard Burr, John Barrasso, Pinnacle View Road, at the national park was pitching for the Braves, and this is John McCain, Orrin G. Hatch, Thom Monday morning, when a van collided with how Brickhouse called the play: Tillis, Johnny Isakson, John Boozman, Howard, who was on a riding lawn mower at David Vitter, Mitch McConnell. the time. Jarvis fires away. That’s a fly ball, deep to ‘‘It’s just hard to understand. It just makes left, back . . . Hey! Hey! Ernie Banks got Mr. MCCONNELL. I ask unanimous consent that the mandatory quorum us all think about telling our children every number 500! Everybody on your feet. This day how much we love them, because you . . . is . . . it! call be waived. don’t know when you’re going to have that And then Jack Brickhouse added his The PRESIDING OFFICER. Without chance again,’’ said Bruce Thompson, a fam- signature refrain: ‘‘Wheeeeee!’’ objection, it is so ordered. ily friend. When the Cubs won this World Se- f Bruce Thompson watched Howard grow up ries, I suspect that up in Heaven in Middlesboro and says it’s hard to find an- MORNING BUSINESS other young man as compassionate, caring, Brickhouse, Caray, Banks, Santo, and and hard-working. countless other Cubs’ players joined ‘‘[He] just absolutely loved life. He’d do those fans who had been waiting for REMEMBERING BERLIN FOREST anything to help you. It didn’t matter what that World Series for 108 years. At long HOWARD III time of day it was. If he could help you, he’d help you. It’s hard to find that caliber of a last, the Cubs are baseball’s real cham- Mr. MCCONNELL. Mr. President, I pions. person,’’ said Thompson. wish to pay tribute to a distinguished Recently, Howard took an interest in golf I yield the floor. Kentuckian and beloved member of the and actually won a ‘‘closest to the pin’’ con- The PRESIDING OFFICER. The ma- Cumberland Gap National Historical test at Middlesboro Country Club, just last jority leader. Park family who I regret has recently Tuesday. Mr. MCCONNELL. Mr. President, be- passed away: Berlin Forest Howard III. ‘‘He was very dedicated to trying to master fore my friend from Illinois leaves the Mr. Howard was lost while performing the game,’’ said Thompson. floor, among the fascinating stories Friends and family members will try to his job in service to our national parks. come to terms with the loss of a son, broth- connected with the Cubs’ great victory, He was 27 years old. er, and father. was it not the case they found three On August 22 of this year, a tragic ac- f 108-year-old women? I believe one lived cident befell him as he was mowing the in New Hampshire. I read a story about lawn in the park, and he was pro- TRIBUTE TO LEONARD DISHMAN her. And then I guess the other two nounced dead shortly after being Mr. MCCONNELL. Mr. President, I were still in Chicago; is that correct? rushed to the Middlesboro Appalachian wish to recognize a venerable Ken- Mr. DURBIN. That is how I remem- Regional Hospital. tuckian and veteran, Leonard ber it, yes. I don’t know if you read the Mr. Howard’s loss has been felt by Dishman. Mr. Dishman, along with a epilogue, but one of those 108-year-old many and has inspired those who were group of other veterans, was recently a women passed away within a few days close to him to reflect on what joy he participant in an honor flight visit to of the Cubs’ win of the World Series. brought to all those around him. Mr. Washington, DC, and he was also re- Mr. MCCONNELL. Satisfied, I am Howard had a happy, bright aura about cently recognized for his accomplish- sure, and ready to finally go on. him. He was someone who would al- ments in service by his hometown of Mr. DURBIN. Died with a smile. ways be caught smiling and bringing Monticello. Mr. MCCONNELL. It was a great, light to others with his positive atti- World War II veteran Leonard great story. Congratulations. tude. He was dedicated to the national Dishman experienced an unforgettable

VerDate Sep 11 2014 06:00 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.030 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6331 day on October 1 of this year when he, tober 1 Honor Flight was one of only two this tuckian and honorable veteran of the along with 75 other veterans, partici- year, and it was sponsored by Toyota Manu- Vietnam war, Don Parrish. More than pated in honor flight. This memorable facturing. four decades ago, Mr. Parrish and his The day began very early for Dishman and day began for Mr. Dishman at 4 a.m., his family, according to his daughter, hometown of Bardstown, KY, suffered when he and his daughter departed for Anneda Guffey. They left for the airport great loss: In the summer of 1969, four the Lexington airport. about 4 a.m. Once at the airport, the celebra- Bardstown soldiers Mr. Parrish knew Upon arrival, he and his fellow vet- tion began, as organizers had put together a well were killed in service to our coun- erans were greeted by Governor Matt big send-off for the veterans. Governor Matt try. This loss was one of the worst suf- Bevin and others who were there to Bevin and others were there to wish them fered by any town in the war. As the wish them a good trip. Mr. Dishman’s well on their day. years pass, Mr. Parrish finds himself guardian for the trip, Larry West, com- Larry West, commander for the local Dis- abled American Veterans, served as more and more emotional regarding his mander for the local Disabled Amer- Dishman’s guardian for the trip. time in uniform. ican Veterans, expressed how honored ‘‘It was such an honor for me to be a part In October of 1968, Mr. Parrish was and proud he was to be a part of such of this,’’ West said. ‘‘It was just an inspira- deployed to Vietnam with the C Bat- an ‘‘inspirational day.’’ tional day, and I am proud to have been part tery of the Kentucky Army National Honor flight provides an opportunity of it.’’ Guard. Mr. Parrish and his fellow sol- for veterans to visit the memorials in West and other members of the local diers were reportedly the best firing Washington honoring their service to D.A.V. learned more about Honor Flight when Gary Campbell from the organization battery in all of Southeast Asia. The our country. When Mr. Dishman and spoke to them about it earlier this year. battery consisted of childhood friends, the other veterans landed in DC, they Since Dishman was the oldest member of the brothers, and cousins. As boys who had were given a police escort to every stop local D.A.V., West thought it would be a grown up together to become men, they made in the city. They visited the great experience for him. He noted that the they operated flawlessly as a unit. World War II Memorial, the Korean priority of Honor Flight is to involve World The battery was ‘‘infused’’ with sol- War Memorial, and Arlington Ceme- War II veterans. diers from New Hampshire, a pre- Also at the send-off were members of a so- tery before they flew back to Lex- caution taken in an effort to prevent ington in the evening, where they were rority that provided breakfast for the veterans and their families. Once the plane too many men from the same home- welcomed back by lines of people wav- landed in Washington, D.C. the group en- town from remaining a part of one unit ing flags. joyed a police escort to every stop along the in case of fatal attacks. Regrettably, Mr. Dishman told his guardian, Larry way. that did not prevent an attack by the West, that it had been ‘‘the best day of West noted that they also visited the Ko- Viet Cong on Firebase Tomahawk, re- his life.’’ That same day, Mr. Dishman, rean War Memorial and the Vietnam War sulting in the tragic loss of four of Mr. a native of Monticello, was escorted by Memorial. The group went to Arlington Cem- Parrish’s Bardstown comrades and fel- police with his family back to his etery, where they watched the changing of the guard and the placing of the wreaths. low servicemen. hometown, where he was presented After a jam-packed day of touring different Mr. Parrish, a native of Bardstown, with a declaration proclaiming October memorials, the veterans and their guardians where he still lives today, worked for 1, 2016, ‘‘Leonard Dishman Day.’’ flew back into the Lexington airport, where many years operating his family’s busi- Honor flight is very close to my a heroes’ welcome awaited them. ness manufacturing concrete blocks. heart, as my own father served in Two lines of people waited, waving flags Eventually he and his wife Judy opened and cheering. West noted it was just like a World War II in the European theater, a bookstore together, which they ran and I am grateful to have had the privi- parade. ‘‘Leonard worked the crowd . . . He had a for almost 20 years. Mr. Parrish is now lege of meeting with several honor ball,’’ said West. ‘‘He told me later that this a volunteer member of KET’s Friends flight participants in the past. I am ex- was the best day of his life.’’ Board, which promotes KET in coun- tremely proud to represent Leonard It was about to get even better, as the ties all over Kentucky. Dishman, such a remarkable man and group of local residents returned to Monti- I am tremendously proud to rep- veteran here in the Senate, and I ex- cello. Dishman and his family were greeted resent such a remarkable man and vet- by policemen who escorted them to the area tend my thanks for his service. I am eran here in the Senate, and I extend sure my colleagues join me in express- near Ringley Tire on North Main Street. Family and friends greeted Dishman and he my thanks for Don Parrish’s service. I ing gratitude for his service as well. He was presented with a proclamation desig- am sure my colleagues join me in ex- truly represents the best of Kentucky. nating October 1, 2016 as ‘‘Leonard Dishman pressing gratitude for his service as An area publication, the Outlook, re- Day.’’ well. He represents the finest of Ken- cently published an article detailing The proclamation noted the many military tucky. Mr. Dishman’s day with the Honor accomplishments of Dishman, including re- A Kentucky publication, KET Vi- ceiving the Bronze Star of the Philippine Is- Flight program. I ask unanimous con- sions, recently published an interview sent that the article be printed in the lands for Liberation, two overseas bars, the Atlantic Pacific Theater Ribbon, the Army with Mr. Parrish about his experience RECORD. in Vietnam. I ask unanimous consent There being no objection, the mate- of Occupation Medal of Japan, the Good Con- duct Medal, the Combat Infantry Badge and that the article be printed in the rial was ordered to be printed in the the American Defense Medal. RECORD. RECORD, as follows: Dishman was named the D.A.V. Veteran of There being no objection, the mate- [From The Outlook, Oct. 12, 2016] the Year in 2011. rial was ordered to be printed in the Dishman was overwhelmed by the turnout DISHMAN HAS MEMORABLE DAY ON HONOR RECORD, as follows: FLIGHT TO WASHINGTON, D.C. and the reception he received. ‘‘I want to express my appreciation to [From KET Visions, Nov. 2016] Saturday, October 1 is a day that 91-year- D.A.V. Commander Larry West, who was my old Leonard Dishman will never forget. He HOMETOWN HERO PARRISH SERVED, SUFFERED guardian for the day, to the Monticello packed a whole lot of memorable experiences LOSS IN VIETNAM WAR Women’s Club, the Monticello Police Depart- in less than 24 hours, beginning with an early Don Parrish has always been able to talk ment, the Wayne County Sheriff’s Depart- morning flight from Lexington to Wash- about his Vietnam experiences. Not that it ment and the Monticello Fire Department, ington, D.C. and ending with a special cere- isn’t difficult. His losses—and they were as well as the citizens of Monticello and my mony commemorating a day in his honor great—affect him more and more as the family and friends, all of whom took part in back in his hometown of Monticello. years pass. Emotions rise more readily to this event,’’ stated Dishman. ‘‘It was thrill- Dishman, a World War ll veteran, was the surface. ing to see how our little town pulled to- among 75 veterans who participated in Honor ‘‘As time moves on, my emotions get gether and accomplished an event my family Flight that day. Dishman, like so many vet- worse,’’ said Parrish, who deployed to Viet- and I will never forget. I thank you all from erans, had never gotten the opportunity to nam in October 1968 with ‘‘C’’ Battery of the the bottom of my heart for this amazing gift visit the World War II Memorial, until he Kentucky Army National Guard, an artillery you gave me.’’ participated in Honor Flight. unit of men from Bardstown and the sur- Honor Flight’s mission is to fly World War f rounding area. II, Korean War and Vietnam veterans to TRIBUTE TO DON PARRISH ‘‘We went to Washington last fall to help Washington, D.C. for a one-day, all-expenses- our daughter and her husband move into a paid visit to the memorials that are dedi- Mr. MCCONNELL. Mr. President, I new apartment. While we were there, we cated to their service and sacrifices. The Oc- wish to recognize a distinguished Ken- went to the wall,’’ he said, his voice breaking

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.017 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6332 CONGRESSIONAL RECORD — SENATE November 15, 2016 as he remembered visiting the Vietnam Vet- lected as Pulaski County’s ‘‘Attorney [From the Commonwealth Journal, Sept. 6, erans Memorial. of the Year.’’ 2016] ‘‘It was tough. I’ve been there many times, Mr. Hatfield, a native of Nancy, KY, SOMERSET COMMUNITY COLLEGE ALUMNI and the crazy thing about it is that it gets graduated from Nancy High School in SPOTLIGHT: PULASKI COUNTY ATTORNEY tougher every time.’’ MARTIN HATFIELD Parrish, a member of KET’s Friends Board, 1976. The importance of a good edu- Although he now serves his home commu- a volunteer organization which promotes cation was instilled in him from a nity in a high-profile role, Pulaski County KET in counties statewide, was born and young age by his parents who them- Attorney Martin Hatfield wasn’t always a raised in Bardstown, where he still lives. He selves were educators. There was no fan of the limelight. In fact, the Nancy na- operated his family business manufacturing question Mr. Hatfield would continue tive and basketball stand-out credits his concrete blocks for many years, and later his education after graduating high time at Somerset Community College (SCC) opened a bookstore he and his wife, Judy, op- with helping him become more confident in erated for nearly two decades. school, but he was not yet ready to Parrish’s National Guard battery was ‘‘in- leave home. When the Somerset Com- himself as a student and leader. fused’’ with soldiers from New Hampshire. munity College presented him with a Hatfield graduated from Nancy High Infusion was a military policy designed to scholarship to play basketball, Mr. School in 1976. His parents, Avery and Lois Hatfield, always encouraged education in prevent too many men from the same home- Hatfield accepted, allowing him not town from dying in a single incident from their home. only to stay close to home, but also to ‘‘My parents were both educators,’’ Hat- the same unit. fulfill his dream of playing college bas- field said. ‘‘My sisters and I saw the value of In Bardstown’s case, however, the policy ketball. wasn’t enough to thwart fate. having a good education firsthand. High During their training and tour, the soldiers Upon graduating from SCC, he de- school was seen as a milestone in the edu- from Nelson County worked seamlessly as cided to move on to Eastern Kentucky cational process, not the end.’’ perhaps only men who had once been boys University. Mr. Hatfield, interested in Given that Hatfield was expected to continue his education after high school, and together can. In fact, the unit not only con- pursuing a career in Federal law en- tained boyhood friends, but seven sets of had the opportunity to play college basket- forcement, began working as a dis- ball, his decision to attend Somerset Com- brothers and many cousins as well. patcher and deputy sheriff with the Pu- ‘‘We were declared to be the top firing bat- munity College was an easy one, he said. tery in all of Southeast Asia because we were laski County Sherriff’s office. Watch- ‘‘At 17, I wasn’t ready to leave home,’’ Hat- so effective and efficient,’’ he said with ing the trials sparked his love for the field said. ‘‘SCC was part of the University of pride. ‘‘Why? Because we went to school to- legal side of the justice system and in- Kentucky system and had a basketball team. gether and we knew each other. So when it spired him to apply to law school. I was offered a scholarship to play there and took the opportunity.’’ came time to do our job, we did it well.’’ Mr. Hatfield was accepted to the Uni- An attack by the Viet Cong on a rainy Most of Hatfield’s memories and stories versity of Louisville’s Brandeis School about his college days at SCC revolved night at the difficult-to-defend Firebase of Law, from which he graduated in Tomahawk, however, was too much for even around his time on the court. the best of the best. In that summer of 1969, 1981 and returned to Pulaski County. ‘‘Playing at SCC gave me the opportunity four Bardstown boys were killed, plus an- He served as an assistant Common- to fulfill a dream of playing basketball in other from ‘‘A’’ Battery of nearby wealth’s attorney for Pulaski and college,’’ said Hatfield, who was part of the Carrollton. Rockcastle Counties and then went on last organized SCC basketball team. ‘‘The The story of that loss, one of the worst suf- to serve as assistant U.S. attorney in community really pitched in to support the program by feeding us, giving us a place to fered from any town during the war, has the Eastern District of Kentucky for 16 brought news outlets, television documen- practice and play, and by attending the years before running for the position of games.’’ taries, and authors to Parrish’s door, and he Pulaski County attorney. has been interviewed by CNN, CBS Sunday After graduating from SCC, Hatfield chose Morning, and more about the fatal attack. In an effort to give back to the com- to transfer to Eastern Kentucky University. He also shared his experience with KET in munity that had given so much to his He wanted to go into federal law enforce- Kentucky Veterans of the Vietnam War: In family throughout his life, Mr. Hatfield ment, so he paid his dues by working as a Their Own Words. ran for county attorney and has held dispatcher and deputy sheriff with the Pu- laski County Sheriff’s Office and watching ‘‘There are a lot of guys who don’t talk the position since his election in 2010. about it—except to me,’’ said Parrish, who trials. There, he developed a love for the He now also serves on the boards of legal side of the justice system and was later returned to Vietnam and Firebase Toma- many organizations, such as the Som- hawk in 1995, accompanied by other vets and accepted to the University of Louisville WHAS-TV, which produced a program on the erset-Pulaski County Chamber of Com- School of Law, now known as the Brandeis trip. merce, the Fellowship of Christian School of Law. ‘‘War is really difficult to win when you Athletes, and the Governor’s Kentucky Hatfield graduated from law school in 1981 are on the enemy’s turf. That war could have Criminal Justice Council. Recently, he and came back to his home county to give been won had restraints been removed,’’ he was appointed by Governor Matt Bevin back. said. ‘‘I chose to come back home,’’ Hatfield as one of three county attorneys from said. ‘‘I knew I wanted to marry and have a ‘‘In fact, it is said by many, and I agree across Kentucky to serve on the Attor- with them, that the war was won—because family someday and that I wanted to raise its purpose was to stop the spread of Com- ney General’s Prosecutors Advisory my children here in Pulaski County. My wife munism among the Far Eastern nations. And Council. (Debbie, a kindergarten teacher at Pulaski to that end, we won the war.’’ This year, Martin Hatfield was cho- Elementary) and I have done just that. Pu- When Parrish talks about Vietnam, he also sen as Pulaski County’s ‘‘Attorney of laski County has been very good to my fam- remembers the good times, the camaraderie, the Year,’’ and he attributes his suc- ily throughout the years, which is one reason and fond memories, like the two guys from I ran for County Attorney . . . to give back cess to the support of his family, the to a community that has given so much to Bloomfield, Ky., who raced one another with education and confidence boost pro- 95-pound Howitzer rounds in each hand. me.’’ He has photographs, now fading, of the vided to him by SCC, and the dedica- In addition to his service as County Attor- people he met—like the Catholic priest who tion of his staff. I want to congratulate ney, a role he has held since being elected in still served at the same church when Parrish Mr. Hatfield for his years of service as 2010, Hatfield also serves on the boards of the returned in 1995. The stray dogs they adopt- an attorney in Pulaski County. I am Somerset-Pulaski County Chamber of Com- ed. The bunkers where they slept at night. sure his wife and children are very merce, Fellowship of Christian Athletes, These memories became a part of who he is. proud of him, and Kentucky is glad to Governor’s Kentucky Criminal Justice Coun- ‘‘I’m proud of my service,’’ Parrish re- cil, Kentucky County Attorneys Association, have benefitted from his work and Somerset Community College Foundation, flected. ‘‘I think we did well, and I’m sorry service. to lose friends, but that’s a part of war—a and is the Kentucky County Attorney’s rep- terrible part of war.’’ An area publication, the Common- resentative to the Kentucky Supreme Court wealth Journal, recently published an Criminal Rules Committee. He was also re- f article announcing Mr. Hatfield as cently appointed by Governor Matt Bevin as TRIBUTE TO MARTIN HATFIELD county ‘‘Attorney of the Year.’’ I ask one of three county attorneys from across Kentucky to serve on the Attorney General’s Mr. MCCONNELL. Mr. President, I unanimous consent that the article be Prosecutors Advisory Council. He is a mem- printed in the RECORD. wish to congratulate a distinguished ber of Sievers Lodge #491 and First Baptist Kentuckian and accomplished attor- There being no objection, the mate- Church. Most recently, Hatfield was recog- ney, Martin Hatfield. Mr. Hatfield re- rial was ordered to be printed in the nized as Outstanding County Attorney at the cently received the honor of being se- RECORD, as follows: Kentucky Prosecutors Conference.

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Prior to that, he served as started small, today Manchester Me- completed in mid-1971 and the transfer of pa- an Assistant Commonwealth’s Attorney for tients from Oneida to Manchester was made Pulaski and Rockcastle counties for almost morial Hospital has more than 500 em- in September of that year. five years. ployees and averages 60,000 patient vis- Here’s a look at the story from September His path, he said, has been greatly influ- its each year. It is the parent organiza- 9, 1971 where the hospital was moved from enced by his family and education. tion for five home healthcare offices Oneida to Manchester: ‘‘SCC provided someone like me, who was a serving 14-plus counties in Kentucky, Patients and equipment vacated the cen- little shy and backward, with the oppor- Tennessee, and West Virginia and has tury-old Oneida Hospital in what was de- tunity to not only learn, but to be com- been twice named a ‘‘100 Top Hospital scribed as one of the quickest moves in the fortable in a new environment,’’ Hatfield in America.’’ annals of hospital history. said. Hatfield’s sisters both attended SCC as An area publication, the Manchester Herb Davis, administrator of Memorial well, he said, and having the opportunity to Enterprise, recently published a piece Hospital in Manchester, said the 23 patients know everyone from the college president to announcing the 45th anniversary of at Oneida were moved in ‘‘record time’’ and his professors to his teammates, made a dif- Manchester Memorial Hospital. I ask without a ‘‘single incident.’’ All were ference. unanimous consent that the article be brought to the new Memorial Hospital in Manchester. ‘‘I grew so much during my time at SCC,’’ printed in the RECORD. Hatfield said. ‘‘My self-esteem was built Only three of the patients were able to sit There being no objection, the mate- up for the ride from Oneida to Manchester. through small classes and professors who rial was ordered to be printed in the took a personal interest in me. When I left The move was accomplished through the SCC, I knew I could excel in a college envi- RECORD, as follows: help of both local funeral homes, who pro- ronment.’’ [From The Manchester Enterprise, Sept. 8, vided ambulances and personnel to transport Today, Hatfield stays connected to the col- 2016] the patients 17 miles in distance. lege through his service on the SCC Founda- MEMORIAL HOSPITAL OPENS THEIR DOORS At the same time the patients were mov- tion board. In September 1971 patients were trans- ing, much of the medical care equipment ‘‘This is a small community,’’ he said. ‘‘We ferred from Oneida Hospital to the new Me- needed by patients was moved. all live here and are invested in each other. morial Hospital In one case, a patient was taken off the op- I feel certain the education I received at SCC Manchester Memorial Hospital is cele- erating table following surgery and the table played a big role in my success in life and brating its 45th anniversary this year. The was removed while he was in recovery to be supporting our local educational opportuni- hospital started from humble beginnings as transported. ties only strengthens our city and county for Oneida Mountain Hospital, which began in the next generation.’’ Statistics on the move as released by hos- the mid-to-late 20s by founder James Ander- pital officials list Mrs. Webb, 93, of Burning Spending his career in public service, Hat- son Burns, founder of Oneida Baptist Insti- field said, has given him the opportunity to Springs as the last patient to leave Oneida tute, and Dr. C. Adeline McConville, an op- Hospital. help set people up to achieve and succeed, tometrist from New York City. Mrs. Ester McIntosh was the last person to not fail. It was Anderson’s dream to bring a hos- receive surgery in the old hospital, and Mr. ‘‘It all starts with good raising and good pital to the area, and Dr. McConville was and Mrs. Billy Jones were parents of the last education, and I was blessed to have both,’’ captivated by his pursuit of it. She pledged baby born at the hospital. Hatfield said. ‘‘As County Attorney, one of to return to the mountains with him and the things I try to do is to help people under- work to open a hospital. The first baby born at Memorial Hospital stand what tools they need to change their Dr. McConville operated the hospital until in Manchester was born to Cassie and lives and become contributing members of the late 1930s, when failing health forced her Charles Stewart of Sibert, Ky. their community. I firmly believe education to retire. The move was accomplished through a 40- is one of the major tools necessary to accom- A Board of Trustees was selected and the hour continuous effort by many of the hos- plish that.’’ hospital deeded to the state of Kentucky so pital’s staff, who got things ready for the f it could receive state funding. It operated move, then set up again when the move was under their leadership until 1952, when the complete. RECOGNIZING MANCHESTER state returned the hospital back to the re- By noon, Tuesday, eight new babies had MEMORIAL HOSPITAL maining original trustees. been born at the hospital and 29 patients Mr. MCCONNELL. Mr. President, I The late Mr. Thomas Britton sought dili- were on the register. wish to celebrate the 45th anniversary gently for an organization to come operate of Manchester Memorial Hospital lo- the hospital. Through the advice of a friend, f he contacted the Seventh Day Adventist cated in Manchester, KY. Originally Church and they accepted the challenge. the Oneida Mountain Hospital founded Due to the building being vacant, their ARMS SALES NOPTIFICATION in the mid to late 1920s, Manchester first task was to make it usable again. Memorial Hospital is now a 63-bed, Through various donations they re-opened Mr. CORKER. Mr. President, section acute care, nonprofit Christian commu- the doors after a three-year hiatus on August 36(b) of the Arms Export Control Act nity hospital. 22, 1955. requires that Congress receive prior no- James Anderson Burns and Dr. C. Over the years, the hospital continued to tification of certain proposed arms Adeline McConville, an optometrist grow and by the mid–60s had an average oc- sales as defined by that statute. Upon cupancy of 139 percent. There were times such notification, the Congress has 30 from New York City, founded the origi- when the 22-bed hospital had 49 patients. The nal hospital in the early 1900s. In the calendar days during which the sale clinic was equally as crowded. The choice may be reviewed. The provision stipu- late 1930s, when McConville’s failing was obvious—build a new hospital. health forced her to retire, a board of Fund raising began with the plan to build lates that, in the Senate, the notifica- trustees was selected, and the hospital another hospital in the Oneida area. Plans tion of proposed sales shall be sent to deeded to the State of Kentucky so it were drawn and submitted, but the Depart- the chairman of the Senate Foreign could receive State funding. In 1952, ment of Health would not approve the site. Relations Committee. the State returned the hospital back to Hospital Administrator Herb Davis, with In keeping with the committee’s in- Dr. W.E. Becknell, negotiated through Mr. tention to see that relevant informa- the remaining original trustees. Saul Goins to build the hospital on a tract of The doors reopened in 1955 and by the land in the Lyttleton area that Mr. Goins tion is available to the full Senate, I mid-1960s, the hospital had an average farmed on. But there was a problem; there ask unanimous consent to have printed occupancy of 139 percent. The logical was no bridge to the land. in the RECORD the notifications which next step was to build a new hospital. Mr. Isom Hensley started a letter-writing have been received. If the cover letter After many years of hard work fund- campaign to the Department of Highways to references a classified annex, then such raising and negotiating, construction request a bridge be built. The State approved annex is available to all Senators in was completed in 1971 on a tract of land the bridge, and now the attention turned to the office of the Foreign Relations raising money for construction. Committee, room SD–423. in the Lyttleton area. Mrs. Marie Langdon and Mr. Bill Baker I would like to extend my thanks to started soliciting donations for the construc- There being no objection, the mate- the leadership and staff at Manchester tion. The Clay County Jaycees each pledged rial was ordered to be printed in the Memorial for their hard work and dedi- $200 apiece towards the construction. RECORD, as follows:

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DEFENSE SECURITY Iraq originally purchased three (3) AC–208 detects incoming missile threats and indi- COOPERATION AGENCY, and three (3) C–208 aircraft in 2008. The cates their direction of arrival with the ’max- Arlington, VA, October 6, 2016. Cessna aircraft are used to support Iraqi imum’ of warning time. Hardware and soft- Hon. BOB CORKER, military operations against al-Qaeda affil- ware are UNCLASSIFIED. Technical data Chairman, Committee on Foreign Relations, iate and Islamic State of Iraq and the Levant and documentation provided are UNCLASSI- U.S. Senate, Washington, DC. (ISIL) forces. The purchase of two (2) addi- FIED. DEAR MR. CHAIRMAN: Pursuant to the re- tional aircraft enables the Iraqi Air Force to 6. The AN/AAQ–35 MX (Wescam MX–15D) is porting requirements of Section 36(b)(1) of continue its fight against ISIL. Iraq will a gyro-stabilized, multi-spectral, multi field the Arms Export Control Act, as amended, have no difficulty absorbing these aircraft of view electro-optical infrared imaging sys- we are forwarding herewith Transmittal No. into its armed forces. tem. The system provides surveillance laser 16–42, concerning the Department of the Air The proposed sale of this equipment and illumination and laser designation through Force’s proposed Letter(s) of Offer and Ac- support does not alter the basic military bal- use of an externally mounted turret sensor ceptance to Iraq for defense articles and ance in the region. and internally mounted master control. Sen- services estimated to cost $65.3 million. The principal contractor is Orbital ATK, sor video imagery is displayed in the aircraft After this letter is delivered to your office, Falls Church, VA. There are no known offset real time and may be recorded for subse- we plan to issue a news release to notify the agreements proposed in connection with this quent ground analysis. Hardware is UN- public of this proposed sale. potential sale. CLASSIFIED. Technical data and docu- Sincerely, Implementation of this proposed sale will mentation provided are UNCLASSIFIED. JAMES WORM not require the assignment of any additional 7. The LAU–131 launcher is tube shaped, (For J.W. Rixey, Vice Admiral, USN U.S. or contractor representatives to Iraq. 59.8 inches in length, and 10.125 inches in di- Director). There will be no adverse impact on U.S. de- ameter. It weighs 65 pounds and is capable of Enclosures. fense readiness as a result of this proposed carrying seven rockets (2.75 inch or 70mm). sale. All defense articles and services are ap- TRANSMITTAL NO. 16–42 Hardware is UNCLASSIFIED. Technical data proved for release by our foreign disclosure and documentation provided are UNCLASSI- Notice of Proposed Issuance of Letter of office. FIED. Offer Pursuant to Section 36(b)(1) of the TRANSMITTAL NO. 16–42 8. If a technologically advanced adversary Arms Export Control Act, as amended Notice of Proposed Issuance of Letter of were to obtain knowledge of the specific (i) Prospective Purchaser: The Republic of Offer Pursuant to Section 36(b)(1) of the hardware and software elements, the infor- Iraq. Arms Export Control Act mation could be used to develop counter- (ii) Total Estimated Value: Annex Item No. vii measures that might reduce weapon system Major Defense Equipment * $0 million. effectiveness or be used in the development Other $65.3 million. (vii) Sensitivity of Technology: of a system with similar or advanced capa- 1. Cessna AC–208: The Armed Caravan is a Total $65.3 million. bilities. (iii) Description and Quantity or Quan- specifically modified Cessna C–208 capable of 9. This sale is necessary in furtherance of tities of Articles or Services under Consider- operating in austere environments while pro- the U.S. foreign policy and national security ation for Purchase: viding real-time intelligence, surveillance, objectives outlined in the Policy Justifica- Non-MDE: and reconnaissance (ISR) and low collateral tion. Moreover, the benefits to be derived Two (2) Cessna AC–208 aircraft with dual damage kinetic strike capabilities. It is from this sale, as outlined in the Policy Jus- rail Hellfire launcher capability on each equipped with an integrated electro-optical tification, outweigh the potential damage wing. and infrared (EO/IR) laser sensor suite which that could result if the sensitive technology Two (2) AN/ALE–47 Electronic Counter- gives it a day/night ISR capability with a were revealed to unauthorized persons. measure Dispensers. laser illuminator, range finder, and desig- 10. All defense articles and services listed Two (2) AAR–60 Missile Launch Warning nator to allow employment of the AGM–114M in this transmittal are authorized for release Systems. missile through a 1760 mil bus interface. The and export to the Government of Iraq. Four (4) AN/AAQ–35 (Wescam MX–15D) aircraft has two external hard points for weapons and fuel carriage. The Iraq variant Electro-Optical Infrared Imaging Systems. DEFENSE SECURITY, will be equipped for use with AGM–114 mis- Two (2) LAU–131–A Launchers. COOPERATION AGENCY, Additionally, non-MDE includes contractor siles already in country. Critical components Arlington, VA. (cockpit and engine) will have aircraft armor aircraft modifications, spare parts, publica- Hon. BOB CORKER, tion updates, aircraft ferry, and miscella- able to withstand small arms fire. Hardware Chairman, Committee on Foreign Relations, neous parts. The total estimated program and software are UNCLASSIFIED. Technical U.S. Senate, Washington, DC. cost is $65.3 million. data and documentation to be provided are DEAR MR. CHAIRMAN: Pursuant to the re- (iv) Military Department: Air Force. UNCLASSIFIED. porting requirements of Section 36(b)(1) of (v) Prior Related Cases, if any: IQ–D–QAH 2. The proposed configuration includes the the Arms Export Control Act, as amended, for $20M signed on 13 Feb 2009 for C/AC–208 AN/ALE–47 Countermeasure Dispenser Set we are forwarding herewith Transmittal No. CLS, Transmittal 11–23. IQ–D–QAF for $5M (CMDS), the AN/AAR–60 Missile Approach 16–49, concerning the Department of the signed 26 Oct 2008 for C/AC–208 CLS, Trans- Warning System, the AN/AAQ–35 MX Army’s proposed Letter(s) of Offer and Ac- mittal 11–23. (Wescam MX–15D) Electro-Optical Infrared ceptance to the Government of Egypt for de- (vi) Sales Commission, Fee, etc., Paid, Of- Imaging System, and dual rail LAU–131 fense articles and services estimated to cost fered, or Agreed to be Paid: None. Hellfire launcher capability on each wing. $81.4 million. After this letter is delivered to 3. The AN/ALE–47 CMDS provides an inte- (vii) Sensitivity of Technology Contained your office, we plan to issue a news release grated threat-adaptive, computer controlled in the Defense Article or Defense Services to notify the public of this proposed sale. capability for dispensing chaff, flares, and Proposed to be Sold: See Annex attached. Sincerely, active radio frequency expendables. The AN/ (viii) Date Report Delivered to Congress: JAMES WORM ALE–47 system enhances aircraft surviv- None. (For J.W. Rixey, Vice Admiral, USN, ability in sophisticated threat environments. * As defined in Section 47(6) of the Arms Director). 4. The threats countered by the CMDS in- Export Control Act. Enclosures. clude radar-directed anti-aircraft artillery POLICY JUSTIFICATION (AAA), radar command-guided missiles, TRANSMITTAL NO. 16–49 Republic of Iraq—AC–208 Aircraft radar homing guided missiles, and infrared Notice of Proposed Issuance of Letter of The Government of Iraq requests to pur- guided missiles. The U.S. is not providing Offer Pursuant to Section 36(b)(1) of the chase two (2) Cessna AC–208 aircraft that in- any threat data. The system is internally Arms Export Control Act, as amended clude: dual rail LAU–131 Hellfire launcher ca- mounted and may be operated as a stand- (i) Prospective Purchaser: The Government pability on each wing, AN/ALE–47 electronic alone system or integrated with other on- of Egypt. countermeasure dispenser, AN/AAR–60 Mis- board electronic warfare and avionics sys- (ii) Total Estimated Value: sile Launch Warning System, AN/AAQ–35 tems. Expendable routines tailored to the Major Defense Equipment * $56.4 million. Electro-Optical Infrared Imaging System, immediate aircraft and threat environment Other $25.0 million. contractor aircraft modifications, spare may be dispensed using one of four oper- Total $81.4 million. parts, publication updates, aircraft ferry, ational modes. Hardware is UNCLASSIFIED. (iii) Description and Quantity or Quan- and miscellaneous parts. The estimated total Software is SECRET. Technical data and tities of Articles or Services under Consider- case value is $65.3 million. documentation provided are UNCLASSI- ation for Purchase: This proposed sale contributes to the for- FIED. Major Defense Equipment (MDE): eign policy and national security of the 5. The AN/AAR–60 Missile Approach Warn- Sixty-seven (67) AN/AAR–57 Common Mis- United States by helping to improve the se- ing System is a passive, true imaging sensor sile Warning Systems (CMWS). curity of a strategic partner. This proposed device that is optimized to detect the radi- Non-MDE: This request also includes the sale directly supports Iraq and serves the in- ation signature of a threat missile’s exhaust following Non-MDE: OCONUS Installation/ terests of the people of Iraq and the United plume within the ultra violet solar blind Integration, Installation Mounting Kits, States. spectral band. Functionally, the architecture Countermeasure Dispenser Test Set AN/

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It also pro- dome and communications systems, upgrade ment Training and OCONUS Contractor vides automatic, passive missile detection, secure Identification Friend or Foe (IFF) Training, publications and technical docu- threat declaration, crew warning, software systems, site surveys, installation and ments, quality assurance and other related reprogramming, false alarm suppression and checkout, site acceptance testing, interim elements of logistics and program support. cues to other on-board systems, such as dis- contractor support, construction, contractor (iv) Military Department: Army (VGJ). pensers, which may be utilized for flare de- logistics support (CLS), spares, support (v) Prior Related Cases, if any: EG–B–VBT, coys. Each platform includes: Electro-optical equipment and training. Cost for additional A04 (02 JUL 15, TCV: $17.8M). Missile Sensors, and Electronic Control Unit non-MDE is $132 million. The total overall (vi) Sales Commission, Fee, etc., Paid, Of- (ECU), Sequencer, and the Improved Coun- estimated cost is $194 million. fered, or Agreed to be Paid: None. termeasures Dispenser (ICMD). The ECU (iv) Military Department: Air Force (X7–D– (vii) Sensitivity of Technology Contained hardware is classified CONFIDENTIAL; re- DAB). in the Defense Article or Defense Services leasable technical manuals for operation and (v) Prior Related Cases, if any: None. Proposed to be Sold: See Annex attached. maintenance are classified SECRET. (viii) Date Report Delivered to Congress: 2. If a technologically advanced adversary (vi) Sales Commission, Fee, etc., Paid, Of- October 6, 2016. were to obtain knowledge of the specific fered, or Agreed to be Paid: None. * As defined in Section 47(6) of the Arms hardware and software equipment, the infor- (vii) Sensitivity of Technology Contained Export Control Act. mation could be used to develop counter- in the Defense Article or Defense Services Proposed to be Sold: See Annex attached. POLICY JUSTIFICATION measures or equivalent systems which may Government of Egypt—Description of Sale: reduce weapon system effectiveness or be (viii) Date Report Delivered to Congress: Common Missile Warning System (CMWS) used in the development of a system with October 13, 2016. for AH–64E Apache, UH–60 Blackhawks and similar or advanced capabilities. * As defined in Section 47(6) of the Arms CH–47 Chinook Helicopters 3. A determination has been made that Export Control Act. Egypt can provide substantially the same de- POLICY JUSTIFICATION The Government of Egypt has requested a gree of protection for this technology as the possible sale of: U.S. Government. This proposed sale is nec- The Government of Kuwait—Radar Field Major Defense Eauipment (MDE): essary in furtherance of the U.S. foreign pol- System Sixty-seven (67) AN/AAR–57 Common Mis- icy and national security objectives outlined sile Warning Systems (CMWS). The Government of Kuwait has requested a in the Policy Justification. This request also includes the following possible total sale of six (6) Short Range Ra- 4. All defense articles and services listed in Non-MDE: OCONUS Installation/Integration, dars, otherwise known as Gap Filler Radars, this transmittal have been authorized for re- Installation Mounting Kits, Countermeasure one (1) Long Range Radar with Primary Sur- lease and export to Egypt. Dispenser Test Set AN/ALM–294, Technical veillance Radar (PSR) and Secondary Sur- Assistance, U.S. Government Training and veillance Radar (SSR) arrays, upgrades to DEFENSE SECURITY OCONUS Contractor Training, publications existing AN/FPS 117 (V) 3 Long Range Radar, COOPERATION AGENCY, and technical documents, quality assurance upgrades to airfield radome and communica- Arlington, VA, October 13, 2016. and other related elements of logistics and tions systems, upgrade to secure Identifica- Hon. BOB CORKER, program support. The estimated cost is $81.4 tion Friend or Foe (IFF) systems, site sur- Chairman, Committee on Foreign Relations, million. veys, installation and checkout, site accept- U.S. Senate, Washington, DC. This proposed sale will contribute to the ance testing, interim contractor support, DEAR MR. CHAIRMAN: Pursuant to the re- foreign policy and national security of the construction, contractor logistics support, porting requirements of Section 36(b)(1) of spares, support equipment, and training. The United States by helping to improve the se- the Arms Export Control Act, as amended, curity of a strategic partner that has been total estimated value of this sale is $194 mil- we are forwarding herewith Transmittal No. lion. and continues to be an important force for 16–38, concerning the Department of the Air political stability and economic progress in Force’s proposed Letter(s) of Offer and Ac- The Government of Kuwait requested a the Middle East. ceptance to the Government of Kuwait for limited competition between three (3) U.S. The proposed sale of the CMWS will equip defense articles and services estimated to vendors to procure a total of six (6) Short the Egyptian Air Force’s fleet of multi-mis- cost $194 million. After this letter is deliv- Range, Gap Filler Radars (e.g., AN/MPQ–64 sion helicopters with a detection system for ered to your office, we plan to issue a news Sentinel F1, AN/TPS–77, or AN/TPS–703) and infrared missile threats. Egypt will have no release to notify the public of this proposed one (1) Long Range Radar (e.g., AN/TPS–77 or difficulty absorbing this equipment into its sale. AN/TPS–78). Only one of the radars under armed forces. Sincerely, consideration, the AN/MPQ–64 is Major De- The proposed sale of this equipment and fense Equipment (MDE). The remaining ra- JAMES WORM support will not alter the basic military bal- (For J.W. Rixey, Vice Admiral, USN, dars identified by Kuwait for consideration ance in the region. Director). are non-MDE. The prime contractors will be BAE Sys- Enclosures. This proposed sale supports U.S. Govern- tems and DynCorp. There are no known off- ment national security goals by aiding a TRANSMITTAL NO. 16–38 set agreements proposed in connection with Major non-NATO Ally in the reduction of this potential sale. Notice of Proposed Issuance of Letter of transnational threats, weapons proliferation, Implementation of this proposed sale will Offer Pursuant to Section 36(b)(1) of the and the movement and support of inter- require the assignment of two (2) U.S. Gov- Arms Export Control Act, as amended national terrorists. ernment and two (2) contractor representa- (i) Prospective Purchaser: Government of The Government of Kuwait desires the tives to Egypt to support delivery of such Kuwait. radar field system in order to improve early equipment, installation and integration, (ii) Total Estimated Value: warning, enhance internal and external secu- maintenance and to provide technical sup- Major Defense Equipment * $62 million. rity, and protect national sovereignty. The port and equipment familiarization. Addi- Other $132 million. system provides situational awareness for tionally, this program will require multiple Total $194 million. Kuwaiti security forces to detect and inter- (iii) Description and Quantity or Quan- trips involving U.S. Government and con- dict fixed and rotary wing aircraft. This pro- tities of Articles or Services under Consider- tractor personnel to participate in technical curement provides coverage for Kuwait’s ation for Purchase: reviews, training and installation. northern and eastern borders. There will be no adverse impact on U.S. de- Major Defense Equipment (MDE): fense readiness as a result of this proposed Six (6) AN/MPQ–64 Sentinel F1 Radars. The prime contractor will be determined sale. Non-Major Defense Equipment (MDE): The by competition between Lockheed Martin, Bethesda, Maryland, Northrop Grumman, TRANSMITTAL NO. 16–49 Government of Kuwait requested a limited competition between three (3) U.S. vendors Falls Church, Virginia, and the Raytheon Notice of Proposed Issuance of Letter of to procure a total of six (6) Short Range, Gap Company, Waltham, Massachusetts. There Offer Pursuant to Section 36(b)(1) of the Filler Radars (e.g., AN/MPQ–64 Sentinel F1, are no known offset agreements proposed in Arms Export Control Act AN/TPS–77, or AN/TPS–703) and one (1) Long connection with this potential sale. Annex Item No. vii Range Radar (e.g., AN/TPS–77 or AN/TPS–78). This procurement includes a small number (vii) Sensitivity of Technology: Only one of the radars under consideration, of U.S. contractor system and maintenance 1. AN/AAR–57—Common Missile Warning the AN/MPQ–64 is Major Defense Equipment advisors under a long-term operations and System (CMWS)—The Common Missile (MDE). The remaining radars identified by maintenance support package. The exact Warning System (CMWS) provides superior Kuwait for consideration are non-MDE. Ad- number of personnel and period of perform- detection of infrared missile threats for ro- ditionally, Kuwait is requesting one (1) Long ance is yet to be finalized. This purchase will tary-wing, transport, and tactical aircraft. It Range Radar with Primary Surveillance not substantially alter the U.S. Government is the detection component of a suite of Radar (PSR) and Secondary Surveillance presence in Kuwait. countermeasures to increase survivability of Radar (SSR) capability on the Long Range There will be no adverse impact on U.S. de- current generation combat, airlift, and spe- Radar, upgrades to existing AN/FPS 117 (V) 3 fense readiness as a result of this proposed cial operations aircraft against the threat Long Range Radars, upgrades to airfield ra- sale.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.088 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6336 CONGRESSIONAL RECORD — SENATE November 15, 2016 TRANSMITTAL NO. 16–38 your office, we plan to issue a news release HONORING SERGEANT ANTHONY Notice of Proposed Issuance of Letter of to notify the public of this proposed sale. BEMINIO Sincerely, Offer Pursuant to Section 36(b)(1) of the Mr. GRASSLEY. Mr. President, early Arms Export Control Act J.W. RIXEY, this month, in my home State of Iowa, Annex Item No. vii Vice Admiral, USN, Director. Enclosures. a tragedy took place that shocked our (vii) Sensitivity of Technology: entire State. On Wednesday, November 1. The AN/MPQ–64 Sentinel Radar System TRANSMITTAL NO. 16–45 is a fielded air defense radar system in the Notice of Proposed Issuance of Letter of 2, 2016, the lives of Des Moines Police Army inventory. Sentinel is a derivative of Offer Pursuant to Section 36(b)(1) of the Sergeant Anthony Beminio and the AN/TPQ–36 Firefinder System used for Arms Export Control Act, as amended Urbandale Police Officer Justin Martin artillery detection and the AN/TPQ–36A Nor- (i) (U) Prospective Purchaser: United Arab were taken at the hands of an assail- wegian adapted Hawk system. Sentinel is a Emirates (UAE). ant. It is almost unimaginable for mobile, phased-array radar that provides (ii) (U) Total Estimated Value: somebody to attack the people who highly accurate 3 dimensional radar track Major Defense Equipment* $ 0 million. dedicate their lives to protecting our data to using systems via the Forward Area Other $75 million. communities. Unfortunately, it is a Air Defense (FAAD) Command, Control, and Total $75 million. threat all too familiar for everybody Intelligence (C2I) node. Sentinel acquires, tracks, and reports cruise missiles, un- (III) (U) DESCRIPTION AND QUANTITY OR QUAN- who has a family member in law en- manned aerial vehicles, fixed and rotary TITIES OF ARTICLES OR SERVICES UNDER forcement. Just after 1 a.m. on Novem- wing aircraft in clutter and electronic CONSIDERATION FOR PURCHASE: ber 2, police responded to a report of counter measures environments. The Sen- Non-MDE: shots fired and discovered that Officer tinel Export configuration (AN/MPQ–64F1) is The United Arab Emirates Air Force re- Martin was shot and killed in his car a derivative of the U.S. Army’s Improved quests participation in military exercises, while he was on duty. A short while Sentinel Radar. aerial refueling, airlift and ferry support, later, Sergeant Anthony Beminio was 2. The Sentinel consists of a radar-based training aids/devices/munitions, technical found shot and killed in his car. He was and logistics support services, and other re- sensor system with the M1152 HighMobility believed to have been responding to the Multipurpose Wheeled Vehicle (HMMWV) as lated elements of logistical and program sup- the prime mover and the MEP–1041 Advanced port. There is no MDE associated with this report of shots fired when he was killed Mobile Medium Power Source (AMMPS) Tac- potential sale. The total estimated cost is by the lone assailant who moments tical Quiet Generator as the power source. $75.0 million. earlier had allegedly killed Officer The sensor is an advanced battlefield radar (iv) (U) Military Department: Air Force Martin. Police do not have a motive for capable of X-band air defense phased-array (X7–D–NAF Amendment 4). the shootings. with an instrumented range of 75 kilometers (v) (U) Prior Related Cases, if any: AE–D– Nothing excuses the unforgivable act with a rotating antenna providing 360 degree NAF—$49M—20 Mar 12. of attacking a police officer. I praise azimuth coverage for acquisition and track- (vi) (U) Sales Commission. Fee, etc., Paid. these heroes who gave their lives caring. Offered, or Agreed to be Paid: None. 3. Sentinel has only one item currently (vii) (U) Sensitivity of Technology Con- rying out their mission to protect and designated Critical Program Information tained in the Defense Article or Defense serve. (CPI) and that is the Sentinel software mod- Services Proposed to be Sold: None. Sergeant Anthony ‘‘Tony’’ Beminio ules containing routines for electronic (viii) (U) Date Report Delivered to Con- joined the Des Moines police force in counter-counter measures (ECCM) that have gress: October 21, 2016. 2005, after serving with the Indianola been determined to be a CPI. *As defined in Section 47(6) of the Arms Police Department for 4 years. By all 4. These items are classified IAW EO 12958 Export Control Act. accounts, he was a talented athlete, a section 1.5, Classification categories as cat- POLICY JUSTIFICATION great detective, and he will be remem- egory 1.5(e) because they contain scientific, bered by his friends as a professional technological, or economic matters relative (U) United Arab Emirates (UAE)—Exercise to the national security. Reports, test data, Participation Support man who was always smiling. He and all Sentinel related media that discloses (U) The Government of the UAE requested earned a bachelor’s degree in criminal operational parameters, performance, char- a possible sale to include participation in justice from Simpson College in 2001 acteristics, ECCM techniques, military exercises, aerial refueling, airlift and then a master’s of science degree vulnerabilities, limitations or performance and ferry support, training aids/devices/mu- from the University of Cincinnati prior weaknesses shall be classified at the highest nitions, technical and logistics support serv- to becoming a police officer. level based on the information being con- ices, and other related elements of logistical Sergeant Beminio took after his fa- and program support. The estimated cost is veyed as referenced in the Sentinel Security ther, Frank Beminio, who served as a Classification Guide. Distribution of tech- $75 million. nical performance and system capabilities (U) This proposed sale contributes to the member of the Belmond Police Depart- reports and data shall only be released up to foreign policy and national security of the ment for 17 years, 8 of which were as the CONFIDENTIAL level. It is not possible United States by helping to improve the se- chief of police. As a school resource of- to obtain the Sentinel wartime reserved fre- curity of a major regional ally which has ficer at Roosevelt and East high quencies by reverse engineering, testing, or been, and continues to be, an important schools, Tony was cherished by stu- analyzing the unclassified Sentinel end item. force for political stability and economic dents and faculty. It takes a special 5. This sale is necessary in furtherance of progress in the Middle East. kind of person to be a school resource (U) This proposed sale contributes to the the U.S. foreign policy and national security officer, and Tony was an outstanding objectives outlined in the Policy Justifica- foreign policy and national security of the tion. Moreover, the benefits to be derived United States by helping to improve the role model who had a good relationship from this sale, as outlined in the Policy Jus- ability of the UAE to employ its fighter air- with the students he served. tification, outweigh the potential damage craft in a multi-country coalition environ- My thoughts and prayers are with that could result if the sensitive technology ment, such as Red Flag and Green Flag exer- the family and friends of Sergeant were revealed to unauthorized persons. cises. Participating in major exercises has Beminio in this difficult time. I want 6. All defense articles and services listed in enhanced the UAE’s continued and con- to express my deepest condolences to this transmittal are authorized for release sistent role in support of Coalition Oper- Sergeant Beminio’s wife, Zoe; his three and export to the Government of Kuwait. ations. The UAE is a steadfast coalition children, Cameron, Haley, and Maddoz; DEFENSE SECURITY partner in the fight against radical Islamic and his parents, Patricia and Frank COOPERATION AGENCY, forces such as ISIL and Al Qaeda (AQAP) in Arlington, VA, October 21, 2016. the Arabian Peninsula. Beminio. Hon. BOB CORKER, (U) The proposed sale of this equipment These trying times serve as a re- Chairman, Committee on Foreign Relations, and support does not alter the basic military minder to show our appreciation to U.S. Senate, Washington, DC. balance in the region. those who watch over our communities DEAR MR. CHAIRMAN: Pursuant to the re- (U) Implementation of this proposed sale and run to danger. We can look to the porting requirements of Section 36(b)(1) of will not require the assignment of any addi- words of wisdom from an Iowa mother the Arms Export Control Act, as amended, tional U.S. Government or contractor rep- who lost her son, Officer Carlos we are forwarding herewith Transmittal No. resentatives to the UAE. Puente-Morales, in the line of duty ear- 16–45, concerning the Department of the Air (U) There will be no adverse impact on U.S. Force’s proposed Letter(s) of Offer and Ac- defense readiness as a result of this proposed lier this year. As she said, ‘‘We ceptance to the United Arab Emirates for de- sale. All defense articles and services are ap- shouldn’t wait for a tragedy to recog- fense articles and services estimated to cost proved for release by our foreign disclosure nize our heroes.’’ We should all live by $75 million. After this letter is delivered to office. this sentiment and show appreciation

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.090 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6337 to the brave men and women who walk Puente-Morales, in the line of duty ear- RECOGNIZING REEDS BROOK in the footsteps of Sergeant Beminio lier this year. As she said, ‘‘We MIDDLE SCHOOL and Officer Martin to protect and serve shouldn’t wait for a tragedy to recog- Ms. COLLINS. Mr. President, I am our communities across the country. nize our heroes.’’ We should all live by delighted to commend Reeds Brook f this sentiment and show appreciation Middle School of Hampden, ME, on to the brave men and women who walk HONORING OFFICER JUSTIN being named a 2016 National Blue Rib- in the footsteps of Officer Martin and MARTIN bon School of Excellence. This out- Sergeant Beminio to protect and serve standing middle school is one of only Mr. GRASSLEY. Mr. President, early our communities across the country. 329 schools across the country to re- this month, in my home State of Iowa, ceive Blue Ribbon recognition from the a tragedy took place that shocked our f U.S. Department of Education. entire State. On Wednesday, November Created in 1982, the Blue Ribbon 2, 2016, the lives of Des Moines Police RECOGNIZING FALMOUTH MIDDLE Schools Program honors public and pri- Sergeant Anthony Beminio and SCHOOL vate schools that are either academi- Urbandale Police Officer Justin Martin cally superior in their States or that Ms. COLLINS. Mr. President, I am were taken at the hands of an assail- demonstrate significant gains in stu- delighted to commend the Falmouth ant. It is almost unimaginable for dent achievement. The schools singled Middle School of Falmouth, ME, on somebody to attack the people who out for this national recognition are being named a 2016 National Blue Rib- dedicate their lives to protecting our models of high educational standards bon School of Excellence. This out- communities. Unfortunately, it is a and accountability. threat all too familiar for everybody standing middle school is one of only The Blue Ribbon designation con- who has a family member in law en- 329 schools across the country to re- tinues Reeds Brook’s tradition of qual- forcement. ceive this prestigious recognition from ity education. In 1997, just 2 years after Just after 1 a.m. on November 2, po- the U.S. Department of Education. it opened, the school became just one lice responded to reports of shots fired Created in 1982, the Blue Ribbon of five middle schools in Maine to be and discovered that Officer Martin was Schools Program honors public and pri- accredited by the New England Asso- shot and killed in his car while he was vate schools that are either academi- ciation of Schools and Colleges. Today, on duty. A short while later, Sergeant cally superior in their States or that after earning reaccreditation in 2007, Anthony Beminio was found shot and demonstrate significant gains in stu- Reeds Brook Middle School is one of killed in his car. He was believed to dent achievement. The schools singled just three Maine middle schools to have been responding to the report of out for this national recognition are achieve that distinction. shots fired when he was killed by the models of high educational standards This award recognizes the hard work lone assailant who moments earlier and accountability. and determination of Reeds Brook Mid- had allegedly killed Officer Martin. At Falmouth Middle School is among a dle School’s pupils, teachers, and staff. this time, police do not have a motive select group of schools to achieve the It is a top-performing school on State- for the shootings. Blue Ribbon designation not once, but required assessments, and educators at Nothing excuses the unforgivable act twice. Since receiving its first award in the school use assessments throughout of attacking a police officer. I praise 2008, the school has continued to excel the academic year as a tool for improv- these heroes who gave their lives car- as a community of collaborative and ing and customizing instruction. A rying out their mission to protect and engaged learners who value diversity, strong commitment to professional deserve. kindness, creativity, excellence, re- velopment ensures that teachers and Justin Martin obtained a bachelor’s sponsibility for self, and service to oth- staff, as well as students, are lifelong degree in criminal justice from Simp- ers. learners. son College, with a lifelong dream of This award recognizes the hard work Reeds Brook excels as a school built becoming a police officer. As Officer and determination of Falmouth Middle on a foundation of responsibility, re- Martin’s father said, ‘‘He went into law School’s pupils and staff. This is a top- spect, honesty, and compassion. enforcement for one reason—because performing school on State-required Through a unique weekly trading card he wanted to help people.’’ Justin assessments, and staff at the school use program, teachers and staff recognize achieved that dream when he joined assessments throughout the academic students who demonstrate those val- the Urbandale Police Department in year as a tool for improving and cus- ues, instilling a sense of individual and 2015. tomizing instruction. A strong com- school pride. I want to express my deepest sym- mitment to professional development Reeds Brook Middle School is known pathy to Officer Martin’s parents, ensures that teachers and staff, as well for its extensive extracurricular activi- Randy and Jayne Martin; his brother as students, are lifelong learners. ties in academics, athletics, and the Ryan Martin; his maternal grand- Falmouth Middle School is known for arts, and students are encouraged to mother, Ann Margaret Krommendyk; its extensive extracurricular activities pursue their interests. An on-site gar- his paternal grandparents, Gene and in academics, athletics, and the arts, den and greenhouse promote vol- Carolyn Martin, as well as his extended which help forge a strong school com- unteerism throughout the community. family and friends for their loss. Offi- munity where students are connected Students serve their community by cer Martin was an Eagle Scout. He was and encouraged to pursue their inter- working with the local food pantry and active in many extracurricular activi- ests. Just this year, three new after- recycling center. ties such as football, swimming, and he school clubs were formed—in French, Two projects underscore the values also played the trombone. Officer Mar- writing, and dance—driven by enthusi- that guide Reeds Brook Middle School. tin, like Sergeant Beminio, was a fine astic students and guided by involved Students avidly support the Special example of a community leader whom teachers. Olympics, championing and cheering our young people should aspire to be This Blue Ribbon award is a tribute not just their team, but also athletes like. By all accounts, he was a well- not only to the students, but also to from other schools. Through an ongo- rounded, upstanding citizen. Officer the administrators, teachers, staff, and ing project, students meet with and Martin left a lasting impact on the parents of Falmouth Middle School. interview local veterans, preserving communities he was part of, and we Together, they are succeeding in their the veterans’ living histories and hon- should follow the example that he set mission to generate excitement and oring their service. for us. momentum for learning. They are This Blue Ribbon award is a tribute These trying times serve as a re- making a difference in the lives of not only to the students, but also to minder to show our appreciation to their students, helping them reach the administrators, teachers, staff, and those who watch over our communities their full potential as independent, re- parents of Reeds Brook Middle School. and run to danger. We can look to the sponsible learners and citizens. I con- Together, they are succeeding in their words of wisdom from an Iowa mother gratulate the entire community for mission to generate excitement and who lost her son, Officer Carlos this well-deserved recognition. momentum for learning. They are

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.015 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6338 CONGRESSIONAL RECORD — SENATE November 15, 2016 making a difference in the lives of Throughout his life, Mr. Barlow was MESSAGES FROM THE HOUSE their students, helping them reach a fierce advocate for Oregon’s schools RECEIVED DURING ADJOURNMENT their full potential as independent, re- and students. He attended Lewis and ENROLLED BILLS SIGNED sponsible learners and citizens. I con- Clark College and Oregon State Univer- Under the authority of the order of gratulate the entire Hampden commu- sity before teaching at three different the Senate of January 6, 2015, the Sec- nity for this well-deserved recognition. Oregon public institutions. His count- retary of the Senate, on September 29, f less teaching awards on both the local 2016, during the adjournment of the and national level, including ‘‘Teacher RECOGNIZING SEA ROAD SCHOOL Senate, received a message from the of the Year,’’ speak volumes about Mr. House of Representatives announcing Ms. COLLINS. Mr. President, I am Barlow’s pedagogical excellence. He delighted to commend the Sea Road the Speaker had signed the following furthered his dedication to students enrolled bills: School of Kennebunk, ME, on being when he served as a senior leader on named a 2016 National Blue Ribbon S. 3283. An act to designate the commu- the Oregon High School International nity-based outpatient clinic of the Depart- School of Excellence. This outstanding Relations League Model United Na- elementary school is one of only 329 ment of Veterans Affairs in Pueblo, Colo- tions and the Oregon Council for the rado, as the ‘‘PFC James Dunn VA Clinic.’’ schools across the country to receive Social Studies and Advanced Place- H.R. 3004. An act to amend the Gullah/ this prestigious recognition from the ment Teachers of the State of Oregon. Geechee Heritage Act to extend the author- U.S. Department of Education. In 1964, he took political learning and ization for the Gullah/Geechee Heritage Cor- Created in 1982, the Blue Ribbon ridor Commission. Schools Program honors public and pri- engagement to another level when he H.R. 3937. An act to designate the building vate schools that are either academi- founded the Model Presidential Nomi- utilized as a United States courthouse locally superior in their States or that nating Convention. These conventions cated at 150 Reade Circle in Greenville, demonstrate significant gains in stu- were entirely student-led, but made North Carolina, as the ‘‘Randy D. Doub United States Courthouse’’. dent achievement. The schools singled possible with the encouragement and guidance of Mr. Barlow. The conven- H.R. 5147. An act to amend title 40, United out for this national recognition are States Code, to require restrooms in public models of high educational standards tions became critical in Oregon’s Presi- dential politics, as national leaders buildings to be equipped with baby changing and accountability. facilities. This award recognizes the hard work such as Robert Kennedy, George H.W. H.R. 5578. An act to establish certain rights and determination of the Sea Road Bush, Jimmy Carter, Ronald Reagan, for sexual assault survivors, and for other School’s pupils and staff. Sea Road and Bill Clinton visited and gave purposes. School is a top-performing school on speeches to thousands of Oregon high H.R. 5883. An act to amend the Packers and State-required assessments, and staff school students. Stockyards Act, 1921, to clarify the duties relating to services furnished in connection at the school use assessments through- Mr. Barlow understood, as dem- with the buying or selling of livestock in out the academic year as a tool for im- onstrated by these model conventions, commerce through online, video, or other proving and customizing instruction. that civic engagement is fundamental electronic methods, and for other purposes. Students also participate in extra- to our ‘‘We the People’’ democracy. In Under the authority of the order of curricular activities, which helps forge his teaching and leadership, Mr. Bar- the Senate of January 6, 2015, the en- a strong school community where stu- low spread the message that it is up to rolled bills were signed on October 3, dents are connected and encouraged to all of us to create the change we wish 2016, during the adjournment of the pursue their interests. Indeed, a suc- to see in the world. Senate, by the Acting President pro cessful vote on a town ordinance to ban With his involvement in Oregon tempore (Mr. CASSIDY). single-use plastic bags in Kennebunk schools, model conventions, and his ENROLLED BILLS SIGNED this spring started with research and local church, Mr. Barlow became an ex- Under the authority of the order of advocacy by Sea Road School students. ample of how we can make a signifi- the Senate of January 6, 2015, the Sec- Sea Road School is a member of Re- cant impact in our communities gional School Unit 21. Six years ago, retary of the Senate, on September 29, through simple acts of participation 2016, during the adjournment of the Kennebunkport Consolidated School, and leadership. another member, was also named a Senate, received a message from the We need more leaders like Jim Bar- House of Representatives announcing Blue Ribbon School. RSU 21 is the first low in our Nation. I thank Mr. Barlow administrative unit in Maine to have the Speaker had signed the following for his decades-long devotion to his enrolled bills: two schools attain this distinction. students and to our great State of Or- This Blue Ribbon award is a tribute S. 246. An act to establish the Alyce Spot- egon. My thoughts are with his family not only to the students, but also to ted Bear and Walter Soboleff Commission on and loved ones as they honor his mem- the administrators, teachers, staff, and Native Children, and for other purposes. ory and the truly impressive legacy he H.R. 2733. An act to require the Secretary parents of Sea Road School. Together, leaves behind.∑ of the Interior to take land into trust for they are succeeding in their mission to certain Indian tribes, and for other purposes. generate excitement and momentum H.R. 5944. An act to amend title 49, United f for learning. They are making a dif- States Code, with respect to certain grant ference in the lives of their students, assurances, and for other purposes. helping them reach their full potential MESSAGES FROM THE PRESIDENT H.R. 5946. An act to amend the Internal Revenue Code of 1986 to exclude from gross as independent, responsible learners Messages from the President of the and citizens. I congratulate the entire income any prizes or awards won in competi- United States were communicated to tion in the Olympic Games or the community for this well-deserved rec- the Senate by Mr. Williams, one of his Paralympic Games. ognition. secretaries. Under the authority of the order of f the Senate of January 6, 2015, the en- ADDITIONAL STATEMENTS f rolled bills were signed on October 3, 2016, during the adjournment of the EXECUTIVE MESSAGES REFERRED Senate, by the Acting President pro REMEMBERING JAMES B. BARLOW tempore (Mr. CASSIDY). As in executive session the Presiding ∑ Mr. MERKLEY. Mr. President, I wish f to remember the late James ‘‘Jim’’ B. Officer laid before the Senate messages Barlow. from the President of the United MESSAGE FROM THE HOUSE On October 19, 2016, Oregon lost a States submitting sundry nominations At 4:05 p.m., a message from the great one in Mr. Barlow. To many Or- which were referred to the appropriate House of Representatives, delivered by egonians, Mr. Barlow was not only an committees. Mr. Novotny, one of its reading clerks, incredible teacher and community (The messages received today are announced that the House has passed leader, but an extremely loyal friend, printed at the end of the Senate pro- the following bills, in which it requests brother, uncle, and husband. ceedings.) the concurrence of the Senate:

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G15NO6.012 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6339 H.R. 985. An act to enable concrete ma- sional, outside sales, and computer employ- eral Robert P. Otto, United States Air Force, sonry products manufacturers to establish, ees under the Fair Labor Standards Act of and his advancement to the grade of lieuten- finance, and carry out a coordinated pro- 1938, and for other purposes. ant general on the retired list; to the Com- gram of research, education, and promotion H.R. 6094. An act to provide for a 6-month mittee on Armed Services. to improve, maintain, and develop markets delay in the effective date of a rule of the EC–7075. A communication from the Chair- for concrete masonry products. Department of Labor relating to income man and Chief Executive Officer, Farm Cred- H.R. 1192. An act to amend the Public thresholds for determining overtime pay for it Administration, transmitting, pursuant to Health Service Act to foster more effective executive, administrative, professional, outlaw, a report relative to the Administra- implementation and coordination of clinical side sales, and computer employees. tion’s 2016 compensation program adjust- care for people with a complex metabolic or f ments; to the Committee on Agriculture, Nu- autoimmune disease, a disease resulting trition, and Forestry. from insulin deficiency or insulin resistance, ENROLLED BILLS PRESENTED EC–7076. A communication from the Acting or complications caused by such a disease, The Secretary of the Senate reported Under Secretary of Defense (Personnel and and for other purposes. that on October 3, 2016, she had pre- Readiness), transmitting a report on the ap- H.R. 1209. An act to amend the Public proved retirement of Vice Admiral Robert L. Health Service Act to distribute maternity sented to the President of the United Thomas, Jr., United States Navy, and his ad- care health professionals to health profes- States the following enrolled bills: vancement to the grade of vice admiral on sional shortage areas identified as in need of S. 246. An act to establish the Alyce Spot- the retired list; to the Committee on Armed maternity care health services. ted Bear and Walter Soboleff Commission on Services. H.R. 2566. An act to amend the Commu- Native Children, and for other purposes. EC–7077. A communication from the Asso- nications Act of 1934 to ensure the integrity S. 3283. An act to designate the commu- ciate General Counsel for Legislation and of voice communications and to prevent un- nity-based outpatient clinic of the Depart- Regulations, Office of Community Planning just or unreasonable discrimination among ment of Veterans Affairs in Pueblo, Colo- and Development, Department of Housing areas of the United States in the delivery of rado, as the ‘‘PFC James Dunn VA Clinic.’’ and Urban Development, transmitting, pur- such communications. f suant to law, the report of a rule entitled H.R. 2669. An act amend the Communica- ‘‘Equal Access in Accordance With an Indi- tions Act of 1934 to expand and clarify the EXECUTIVE AND OTHER vidual’s Gender Identity in Community prohibition on provision of misleading or in- COMMUNICATIONS Planning and Development Programs’’ accurate caller identification information, (RIN2506–AC40) received in the Office of the and for other purposes. The following communications were President of the Senate on September 28, H.R. 2713. An act to amend title VIII of the laid before the Senate, together with 2016; to the Committee on Banking, Housing, Public Health Service Act to extend ad- accompanying papers, reports, and doc- and Urban Affairs. vanced education nursing grants to support uments, and were referred as indicated: EC–7078. A communication from the Sec- clinical nurse specialist programs, and for EC–7068. A communication from the Direc- retary, Securities and Exchange Commis- other purposes. tor of the Regulatory Management Division, sion, transmitting, pursuant to law, the re- H.R. 4365. An act to amend the Controlled Environmental Protection Agency, transmit- port of a rule entitled ‘‘Standards for Cov- Substances Act with regard to the provision ting, pursuant to law, the report of a rule en- ered Clearing Agencies’’ (RIN3235–AL48) re- of emergency medical services. titled ‘‘Flupyradifurone; Pesticide Toler- ceived in the Office of the President of the H.R. 4665. An act to require the Secretary ances’’ (FRL No. 9951–68) received in the Of- Senate on September 29, 2016; to the Com- of Commerce to conduct an assessment and fice of the President of the Senate on Sep- mittee on Banking, Housing, and Urban Af- analysis of the outdoor recreation economy tember 22, 2016; to the Committee on Agri- fairs. of the United States, and for other purposes. culture, Nutrition, and Forestry. EC–7079. A communication from the Divi- f EC–7069. A communication from the Direc- sion Chief, Bureau of Land Management, De- tor of the Regulatory Management Division, partment of the Interior, transmitting, pur- MEASURES REFERRED Environmental Protection Agency, transmit- suant to law, the report of a rule entitled The following bills were read the first ting, pursuant to law, the report of a rule en- ‘‘Minerals Management: Adjustment of Cost Recovery Fees’’ (RIN1004–AE47) received in and the second times by unanimous titled ‘‘Fluopicolide; Pesticide Tolerances’’ (FRL No. 9951–60) received in the Office of the Office of the President of the Senate on consent, and referred as indicated: the President of the Senate on September 22, September 29, 2016; to the Committee on En- H.R. 1192. An act to amend the Public 2016; to the Committee on Agriculture, Nu- ergy and Natural Resources. Health Service Act to foster more effective trition, and Forestry. EC–7080. A communication from the Dep- implementation and coordination of clinical EC–7070. A communication from the Man- uty Chief of the National Forest System, De- care for people with a complex metabolic or agement and Program Analyst, Forest Serv- partment of Agriculture, transmitting, pur- autoimmune disease, a disease resulting ice, Department of Agriculture, transmit- suant to law, a report relative to the final from insulin deficiency or insulin resistance, ting, pursuant to law, the report of a rule en- map and boundary for the Skagit Wild and or complications caused by such a disease, titled ‘‘Sale and Disposal of National Forest Scenic River, added to the National Wild and and for other purposes; to the Committee on System Timber; Forest Products for Tradi- Scenic Rivers System; to the Committee on Health, Education, Labor and Pensions, tional and Cultural Purposes’’ (RIN0596– Energy and Natural Resources. H.R. 1209. An act to amend the Public AD00) received in the Office of the President EC–7081. A communication from the Assist- Health Service Act to distribute maternity of the Senate on September 27, 2016; to the ant General Counsel for Legislation, Regula- care health professionals to health profes- Committee on Agriculture, Nutrition, and tion and Energy Efficiency, Department of sional shortage areas identified as in need of Forestry. Energy, transmitting, pursuant to law, the maternity care health services; to the Com- EC–7071. A communication from the Under report of a rule entitled ‘‘Coordination of mittee on Health, Education, Labor, and Secretary of Defense (Acquisition, Tech- Federal Authorizations for Electric Trans- Pensions. nology, and Logistics), transmitting, pursu- mission Facilities’’ (RIN1901–AB36) received H.R. 2669. An act amend the Communica- ant to law, a report entitled ‘‘Fiscal Year in the Office of the President of the Senate tions Act of 1934 to expand and clarify the 2015 Inventory of Contracted Services’’; to on September 29, 2016; to the Committee on prohibition on provision of misleading or in- the Committee on Armed Services. Energy and Natural Resources. accurate caller identification information, EC–7072. A communication from the Acting EC–7082. A communication from the Assist- and for other purposes; to the Committee on Under Secretary of Defense (Personnel and ant Secretary of the Army (Civil Works), Commerce, Science, and Transportation. Readiness), transmitting a report on the ap- transmitting, pursuant to law, a report rel- H.R. 2713. An act to amend title VIII of the proved retirement of Lieutenant General ative to the Rio de Flag, Flagstaff, Arizona Public Health Service Act to extend ad- Mark O. Schissler, United States Air Force, project; to the Committee on Environment vanced education nursing grants to support and his advancement to the grade of lieuten- and Public Works. clinical nurse specialist programs, and for ant general on the retired list; to the Com- EC–7083. A communication from the Direc- other purposes; to the Committee on Health, mittee on Armed Services. tor of the Regulatory Management Division, Education, Labor, and Pensions. EC–7073. A communication from the Acting Environmental Protection Agency, transmit- f Under Secretary of Defense (Personnel and ting, pursuant to law, the report of a rule en- Readiness), transmitting a report on the ap- titled ‘‘Air Plan Approval; Florida; Infra- MEASURES PLACED ON THE proved retirement of Vice Admiral Robin R. structure Requirements for the 2010 Sulfur CALENDAR Braun, United States Navy Reserve, and her Dioxide National Ambient Air Quality advancement to the grade of vice admiral on Standard’’ (FRL No. 9953–18–Region 4) re- The following bills were read the sec- the retired list; to the Committee on Armed ceived in the Office of the President of the ond time, and placed on the calendar: Services. Senate on September 22, 2016; to the Com- S. 3464. A bill to provide incremental in- EC–7074. A communication from the Sec- mittee on Environment and Public Works. creases to the salary threshold for exemp- retary of Defense, transmitting a report on EC–7084. A communication from the Direc- tions for executive, administrative, profes- the approved retirement of Lieutenant Gen- tor of the Regulatory Management Division,

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.009 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6340 CONGRESSIONAL RECORD — SENATE November 15, 2016 Environmental Protection Agency, transmit- 4) received in the Office of the President of tember 26, 2016; to the Committee on Foreign ting, pursuant to law, the report of a rule en- the Senate on September 22, 2016; to the Relations. titled ‘‘Approval and Promulgation of Imple- Committee on Environment and Public EC–7101. A communication from the Assist- mentation Plans; Oklahoma; Revisions to Works. ant Secretary, Legislative Affairs, Depart- Major New Source Review Permitting’’ (FRL EC–7093. A communication from the Direc- ment of State, transmitting, pursuant to No. 9951–54–Region 6) received in the Office of tor of the Regulatory Management Division, law, a report relative to section 36(c) and the President of the Senate on September 22, Environmental Protection Agency, transmit- 36(d) of the Arms Export Control Act (DDTC 2016; to the Committee on Environment and ting, pursuant to law, the report of a rule en- 16–049); to the Committee on Foreign Rela- Public Works. titled ‘‘Treatment of Data Influenced by Ex- tions. EC–7085. A communication from the Direc- ceptional Events’’ (FRL No. 9952–89–OAR) re- EC–7102. A communication from the Regu- tor of the Regulatory Management Division, ceived in the Office of the President of the lations Coordinator, Substance Abuse and Environmental Protection Agency, transmit- Senate on September 22, 2016; to the Com- Mental Health Services Administration, De- ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. partment of Health and Human Services, EC–7094. A communication from the Chief titled ‘‘Approval and Promulgation of Imple- transmitting, pursuant to law, the report of of the Trade and Commercial Regulations mentation Plans; Washington; General Regu- a rule entitled ‘‘Medication Assisted Treat- Branch, Bureau of Customs and Border Pro- lations for Air Pollution Sources’’ (FRL No. ment for Opioid Use Disorders Reporting Re- tection, Department of Homeland Security, 9953–04–Region 10) received in the Office of quirements’’ (RIN0930–AA22) received in the transmitting, pursuant to law, the report of the President of the Senate on September 22, Office of the President of the Senate on Sep- a rule entitled ‘‘Notice of Arrival for Impor- 2016; to the Committee on Environment and tember 26, 2016; to the Committee on Health tations of Pesticides and Pesticidal Devices’’ Public Works. , Education, Labor, and Pensions. EC–7086. A communication from the Direc- (RIN1515–AE12) received in the Office of the tor of the Regulatory Management Division, President of the Senate on September 26, EC–7103. A communication from the Direc- Environmental Protection Agency, transmit- 2016; to the Committee on Finance. tor, Directorate of Whistleblower Protection ting, pursuant to law, the report of a rule en- EC–7095. A communication from the Dep- Programs, Occupational Safety and Health titled ‘‘Approval of Air Quality Implementa- uty Director, Administration for Children Administration, transmitting, pursuant to tion Plans; Missouri State Implementation and Families, Department of Health and law, the report of a rule entitled ‘‘Procedures Plan for the 2008 Lead Standard’’ (FRL No. Human Services, transmitting, pursuant to for the Handling of Retaliation Complaints 9952–79–Region 7) received in the Office of the law, the report of a rule entitled ‘‘Child Care Under the Employee Protection Provision of President of the Senate on September 22, and Development Fund (CCDF) Program’’ the Seaman’s Protection Act, as Amended’’ 2016; to the Committee on Environment and (RIN0970–AC67) received during adjournment (RIN1218–AC58) received in the Office of the Public Works. of the Senate in the Office of the President President of the Senate on September 28, EC–7087. A communication from the Direc- of the Senate on September 23, 2016; to the 2016; to the Committee on Health, Education, tor of the Regulatory Management Division, Committee on Finance. Labor, and Pensions. Environmental Protection Agency, transmit- EC–7096. A communication from the Regu- EC–7104. A communication from the Senior ting, pursuant to law, the report of a rule en- lations Coordinator, Centers for Medicare Procurement Executive, Office of Acquisi- titled ‘‘Extension of Deadline for Action on and Medicaid Services, Department of tion Policy, General Services Administra- the August 2016 Section 126 Petition From Health and Human Services, transmitting, tion, transmitting, pursuant to law, the re- Delaware’’ (FRL No. 9952–97–OAR) received pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Federal Acquisition in the Office of the President of the Senate ‘‘Medicare and Medicaid Programs; Reform Regulation; Federal Acquisition Circular on September 22, 2016; to the Committee on of Requirements for Long-Term Care Facili- 2005–91; Small Entity Compliance Guide’’ Environment and Public Works. ties’’ ((RIN0938–AR61) (CMS–3260–F)) received (FAC 2005–91) received in the Office of the EC–7088. A communication from the Direc- in the Office of the President of the Senate President of the Senate on September 28, tor of the Regulatory Management Division, on September 29, 2016; to the Committee on 2016; to the Committee on Homeland Secu- Environmental Protection Agency, transmit- Finance. rity and Governmental Affairs. ting, pursuant to law, the report of a rule en- EC–7097. A communication from the Direc- EC–7105. A communication from the Senior titled ‘‘Chemical Data Reporting; 2016 Sub- tor, Tax Policy and Administration Stra- Procurement Executive, Office of Acquisi- mission Period Extension’’ (FRL No. 9952–64) tegic Issues Team, Government Account- tion Policy, General Services Administra- received in the Office of the President of the ability Office, transmitting, pursuant to law, tion, transmitting, pursuant to law, the re- Senate on September 22, 2016; to the Com- a list of Government Accountability Office port of a rule entitled ‘‘Federal Acquisition mittee on Environment and Public Works. employees designated to have access to tax Regulation; Technical Amendments’’ (FAC EC–7089. A communication from the Direc- returns and return information for the pur- 2005–91) received in the Office of the Presi- tor of the Regulatory Management Division, pose of carrying out audits of the Internal dent of the Senate on September 28, 2016; to Environmental Protection Agency, transmit- Revenue Service and the Alcohol and To- the Committee on Homeland Security and ting, pursuant to law, the report of a rule en- bacco Tax and Trade Bureau; to the Com- Governmental Affairs. titled ‘‘General Permits and Permits by Rule mittee on Finance. EC–7106. A communication from the Senior for the Federal Minor New Source Review EC–7098. A communication from the Execu- Procurement Executive, Office of Acquisi- Program in Indian Country for Six Source tive Secretary, U.S. Agency for Inter- tion Policy, General Services Administra- Categories’’ (FRL No. 9953–18–Region 4) re- national Development (USAID), transmit- tion, transmitting, pursuant to law, the received in the Office of the President of the ting, pursuant to law, a report relative to a port of a rule entitled ‘‘Federal Acquisition Senate on September 22, 2016; to the Com- vacancy in the position of Assistant Admin- Regulation: Limitation on Allowable Gov- mittee on Environment and Public Works. istrator, Bureau for Latin America and Car- ernment Contractor Employee Compensation EC–7090. A communication from the Direc- ibbean, U.S. Agency for International Devel- Costs’’ (RIN9000–AM75) received in the Office tor of the Regulatory Management Division, opment (USAID), received during adjourn- of the President of the Senate on September Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- 28, 2016; to the Committee on Homeland Se- ting, pursuant to law, the report of a rule en- dent of the Senate on September 23, 2016; to curity and Governmental Affairs. titled ‘‘Review of the National Ambient Air the Committee on Foreign Relations. Quality Standards for Lead’’ (FRL No. 9952– EC–7099. A communication from the Execu- EC–7107. A communication from the Senior 87–OAR) received in the Office of the Presi- tive Secretary, U.S. Agency for Inter- Procurement Executive, Office of Acquisi- dent of the Senate on September 22, 2016; to national Development (USAID), transmit- tion Policy, General Services Administra- the Committee on Environment and Public ting, pursuant to law, a report relative to a tion, transmitting, pursuant to law, the re- Works. vacancy in the position of Assistant Admin- port of a rule entitled ‘‘Federal Acquisition EC–7091. A communication from the Direc- istrator, Bureau for Democracy, Conflict, Regulation: Contractors Performing Private tor of the Regulatory Management Division, and Humanitarian Assistance, U.S. Agency Security Functions’’ (RIN9000–AN07) re- Environmental Protection Agency, transmit- for International Development (USAID), received in the Office of the President of the ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in Senate on September 28, 2016; to the Com- titled ‘‘Technical Correction to the National the Office of the President of the Senate on mittee on Homeland Security and Govern- Ambient Air Quality Standards for Particu- September 23, 2016; to the Committee on For- mental Affairs. late Matter’’ (FRL No. 9953–20–OAR) received eign Relations. EC–7108. A communication from the Senior in the Office of the President of the Senate EC–7100. A communication from the Assist- Procurement Executive, Office of Acquisi- on September 22, 2016; to the Committee on ant Secretary, Legislative Affairs, Depart- tion Policy, General Services Administra- Environment and Public Works. ment of State, transmitting, pursuant to tion, transmitting, pursuant to law, the re- EC–7092. A communication from the Direc- law, the report of a rule entitled ‘‘Amend- port of a rule entitled ‘‘Federal Acquisition tor of the Regulatory Management Division, ment to the International Traffic in Arms Regulation; New Designated Countries— Environmental Protection Agency, transmit- Regulations: Tunisia, Eritrea, Somalia, the Ukraine and Moldova’’ (RIN9000–AN25) re- ting, pursuant to law, the report of a rule en- Democratic Republic of the Congo, Liberia, ceived in the Office of the President of the titled ‘‘Air Plan Approval; TN; Revisions to Cote d’Ivoire, Sri Lanka, Vietnam, and Other Senate on September 28, 2016; to the Com- Logs and Reports for Startups, Shutdowns Changes’’ (RIN1400–AD95) received in the Of- mittee on Homeland Security and Govern- and Malfunctions’’ (FRL No. 9953–05–Region fice of the President of the Senate on Sep- mental Affairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.030 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6341 EC–7109. A communication from the Senior tion Services, Department of Homeland Se- Docket No. 06–229; and RM–11577)) received in Procurement Executive, Office of Acquisi- curity, transmitting, pursuant to law, the re- the Office of the President of the Senate on tion Policy, General Services Administra- port of a rule entitled ‘‘Enhancing Opportu- September 26 2016; to the Committee on tion, transmitting, pursuant to law, the re- nities for H–1B1, CW–1, and E–3 Non- Commerce, Science, and Transportation. port of a rule entitled ‘‘Federal Acquisition immigrants and EB–1 Immigrants’’ (RIN1615– EC–7125. A communication from the Execu- Regulation; Consolidation and Bundling’’ AC00) received in the Office of the President tive Director, Consumer Product Safety (RIN9000–AM92) received in the Office of the of the Senate on September 21, 2016; to the Commission, transmitting, pursuant to law, President of the Senate on September 28, Committee on the Judiciary. the Commission’s 2015 Annual Report to the 2016; to the Committee on Homeland Secu- EC–7118. A communication from the Fed- President and Congress; to the Committee on rity and Governmental Affairs. eral Liaison Officer, Patent and Trademark Commerce, Science, and Transportation. EC–7110. A communication from the Senior Office, Department of Commerce, transmit- EC–7126. A communication from the Presi- Procurement Executive, Office of Acquisi- ting, pursuant to law, the report of a rule en- dent and Chief Executive Officer, National tion Policy, General Services Administra- titled ‘‘Miscellaneous Changes to Trademark Railroad Passenger Corporation, Amtrak, tion, transmitting, pursuant to law, the re- Trial and Appeal Board Rules of Practice’’ transmitting, pursuant to law, Amtrak’s fis- port of a rule entitled ‘‘Federal Acquisition (RIN0651–AC35) received in the Office of the cal year 2017 General and Legislative Annual Regulation; Unique Identification of Entities President of the Senate on September 26, Report; to the Committee on Commerce, Receiving Federal Awards’’ (RIN9000–AN00) 2016; to the Committee on the Judiciary. Science, and Transportation. received in the Office of the President of the EC–7119. A communication from the Dep- EC–7127. A communication from the Fed- Senate on September 28, 2016; to the Com- uty Assistant Administrator of the Office of eral Register Liaison Officer, Alcohol and mittee on Homeland Security and Govern- Diversion Control, Drug Enforcement Agen- Tobacco Tax and Trade Bureau, Department mental Affairs. cy, Department of Justice, transmitting, of the Treasury, transmitting, pursuant to EC–7111. A communication from the Senior pursuant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Expansion Procurement Executive, Office of Acquisi- ‘‘Schedules of Controlled Substances: Place- of the Willcox Viticultural Area’’ (RIN1513– tion Policy, General Services Administra- ment of Three Synthetic Phenethylamines AC23) received in the Office of the President tion, transmitting, pursuant to law, the re- Into Schedule I’’ (Docket No. DEA–423) re- of the Senate on September 27, 2016; to the port of a rule entitled ‘‘Federal Acquisition ceived in the Office of the President of the Committee on Commerce, Science, and Regulation; Sole Source Contracts for Senate on September 27, 2016; to the Com- Transportation. Women-Owned Small Businesses’’ (RIN9000– mittee on the Judiciary. EC–7128. A communication from the Dep- AN13) received in the Office of the President EC–7120. A communication from the Chief uty Assistant Administrator for Regulatory of the Senate on September 28, 2016; to the Impact Analyst, Veterans Health Adminis- Programs, Office of Sustainable Fisheries, Committee on Homeland Security and Gov- tration, Department of Veterans Affairs, Department of Commerce, transmitting, pur- ernmental Affairs. transmitting, pursuant to law, the report of suant to law, the report of a rule entitled EC–7112. A communication from the Senior a rule entitled ‘‘Telephone Enrollment in the ‘‘Magnuson-Stevens Fishery Conservation Procurement Executive, Office of Acquisi- VA Healthcare System’’ (RIN2900–AP68) re- and Management Act Provisions; Fisheries tion Policy, General Services Administra- ceived during adjournment of the Senate in of the Northeastern United States; North- tion, transmitting, pursuant to law, the re- the Office of the President of the Senate on east Multispecies Fishery; Reporting Re- port of a rule entitled ‘‘Federal Acquisition September 23, 2016; to the Committee on Vet- quirements; Unused Catch Carryover’’ Regulation: Non-Retaliation for Disclosure erans’ Affairs. (RIN0648–BD73) received in the Office of the of Compensation Information’’ (RIN9000– EC–7121. A communication from the Acting President of the Senate on September 29, AN10) received in the Office of the President Director of Regulation Policy and Manage- 2016; to the Committee on Commerce, of the Senate on September 28, 2016; to the ment, Department of Veterans Affairs, trans- Science, and Transportation. Committee on Homeland Security and Gov- mitting, pursuant to law, the report of a rule EC–7129. A communication from the Acting ernmental Affairs. entitled ‘‘Federal Civil Penalties Adjustment Director, Office of Sustainable Fisheries, De- EC–7113. A communication from the Senior Act Amendments (RIN2900–AP78) received partment of Commerce, transmitting, pursu- Procurement Executive, Office of Acquisi- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled tion Policy, General Services Administra- fice of the President of the Senate on Sep- ‘‘International Fisheries; Pacific Tuna Fish- tion, transmitting, pursuant to law, the re- tember 23, 2016; to the Committee on Vet- eries; 2016 Bigeye Tuna Longline Fishery port of a rule entitled ‘‘Federal Acquisition erans’ Affairs. Closure in the Eastern Pacific Ocean’’ Regulation; Updating Federal Contractor Re- EC–7122. A joint communication from the (RIN0648–XE729) received during adjourn- porting of Veterans’ Employment’’ (RIN9000– Deputy Secretary of Veterans Affairs and ment of the Senate in the Office of the Presi- AN14) received in the Office of the President the Acting Under Secretary of Defense (Per- dent of the Senate on September 29, 2016; to of the Senate on September 28, 2016; to the sonnel and Readiness), transmitting, pursu- the Committee on Commerce, Science, and Committee on Homeland Security and Gov- ant to law, a report entitled ‘‘Veterans Af- Transportation. ernmental Affairs. fairs and Department of Defense Joint Exec- EC–7130. A communication from the Acting EC–7114. A communication from the Senior utive Committee Fiscal Year 2015 Annual Re- Director, Office of Sustainable Fisheries, De- Procurement Executive, Office of Acquisi- port’’; to the Committee on Veterans’ Af- partment of Commerce, transmitting, pursu- tion Policy, General Services Administra- fairs. ant to law, the report of a rule entitled tion, transmitting, pursuant to law, the re- EC–7123. A communication from the Dep- ‘‘Fisheries of the Caribbean, Gulf of Mexico, port of a rule entitled ‘‘Federal Acquisition uty Chief, Public Safety and Homeland Secu- and South Atlantic; 2016 Commercial Ac- Regulation; Prohibition on Contracting with rity Bureau, Federal Communications Com- countability Measures and Closure for Corporations with Delinquent Taxes or a mission, transmitting, pursuant to law, the Bluefin Tilefish in the South Atlantic Re- Felony Conviction’’ (RIN9000–AN05) received report of a rule entitled ‘‘Amendment of gion’’ (RIN0648–XE629) received in the Office in the Office of the President of the Senate Part 90 of the Commission’s Rules to Enable of the President of the Senate on September on September 28, 2016; to the Committee on Railroad Police Officers to Access Public 29, 2016; to the Committee on Commerce, Homeland Security and Governmental Af- Safety Interoperability and Mutual Aid Science, and Transportation. fairs. Channels’’ ((FCC 16–113) (PSHSB Docket No. EC–7131. A communication from the Acting EC–7115. A communication from the Senior 15–199)) received in the Office of the Presi- Director, Office of Sustainable Fisheries, De- Procurement Executive, Office of Acquisi- dent of the Senate on September 26, 2016; to partment of Commerce, transmitting, pursu- tion Policy, General Services Administra- the Committee on Commerce, Science, and ant to law, the report of a rule entitled tion, transmitting, pursuant to law, the re- Transportation. ‘‘Fisheries of the Caribbean, Gulf of Mexico, port of a rule entitled ‘‘Federal Acquisition EC–7124. A communication from the Dep- and South Atlantic; Reef Fish Fishery of the Regulation; Federal Acquisition Circular uty Chief, Public Safety and Homeland Secu- Gulf of Mexico; Extension of the 2016 Gulf of 2005–91; Introduction’’ (FAC 2005–91) received rity Bureau, Federal Communications Com- Mexico Private Angling recreational red in the Office of the President of the Senate mission, transmitting, pursuant to law, the Snapper Season’’ (RIN0648–XE674) received in on September 28, 2016; to the Committee on report of a rule entitled ‘‘Proposed Amend- the Office of the President of the Senate on Homeland Security and Governmental Af- ments to the Service Rules Governing Public September 29, 2016; to the Committee on fairs. Safety Narrowband Operation in the 769–775/ Commerce, Science, and Transportation. EC–7116. A communication from the Dep- 799–805 MHz Bands; National Public Safety EC–7132. A communication from the Senior uty Commissioner for Human Resources, So- Telecommunications Council Petition for Procurement Executive, Office of Acquisi- cial Security Administration, transmitting, Rulemaking on Aircraft Voice Operations at tion Policy, General Services Administra- pursuant to law, the Administration’s fiscal 700 MHZ; National Public Safety Tele- tion, transmitting, pursuant to law, the re- year 2015 annual report relative to the Noti- communications Council Petition for Rule- port of a rule entitled ‘‘Federal Acquisition fication and Federal Employee Antidiscrimi- making to Revise 700 MHz Narrowband Chan- Regulation; Amendment Relating to Multi- nation and Retaliation Act of 2002 (No FEAR nel Plan; Region 24 700 MHz Regional Plan- year Contract Authority for acquisition of Act); to the Committee on Homeland Secu- ning committee Petition for Rulemaking; Property’’ (RIN9000–AN24) received in the Of- rity and Governmental Affairs. and State of Louisiana Petition for Rule- fice of the President of the Senate on Sep- EC–7117. A communication from the making’’ ((FCC 16–111) (PSHSB Docket No. tember 28, 2016; to the Committee on Home- Project Manager, Citizenship and Immigra- 13–87; RM–11433; WT Docket No. 96–86; PS land Security and Governmental Affairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.032 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6342 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7133. A communication from the Acting titled ‘‘Approval of Nebraska’s Air Quality titled ‘‘Approval and Promulgation of air Deputy Director of Program Development Implementation Plans; Revisions to Title Quality Implementation Plans; Louisiana; and Regulatory Analysis, Rural Utilities 129, Chapters 4, 19, and 22’’ (FRL No. 9953–61– Infrastructure State Implementation Plan Service, Department of Agriculture, trans- Region 7) received during adjournment of the Requirements for the National Ambient Air mitting, pursuant to law, the report of a rule Senate in the Office of the President of the Quality Standards’’ (FRL No. 9952–82–Region entitled ‘‘Rural Broadband Access Loans and Senate on September 30, 2016; to the Com- 6) received during adjournment of the Senate Loan Guarantees; Correction’’ (RIN0572– mittee on Environment and Public Works. in the Office of the President of the Senate AC34) received during adjournment of the EC–7141. A communication from the Direc- on September 30, 2016; to the Committee on Senate in the Office of the President of the tor of the Regulatory Management Division, Environment and Public Works. Senate on October 4, 2016; to the Committee Environmental Protection Agency, transmit- EC–7148. A communication from the Direc- on Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, EC–7134. A communication from the Direc- titled ‘‘Approval of Missouri’s Air Quality Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Implementation Plans and Operating Per- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- mits Program; Greenhouse Gas Tailoring titled ‘‘Approval and Limited Approval and ting, pursuant to law, the report of a rule en- Rule and Non-substantive Definition and Limited Disapproval of Air quality Imple- titled ‘‘Bacillus mycoides isolate J; Exemp- Language Changes’’ (FRL No. 9953–34–Region mentation Plans; California; Northern tion from the Requirement of a Tolerance’’ 7) received during adjournment of the Senate Sonoma County Air Pollution Control Dis- (FRL No. 9947–92) received during adjourn- in the Office of the President of the Senate trict; Stationary Source Permits’’ (FRL No. ment of the Senate in the Office of the Presi- on September 30, 2016; to the Committee on 9950–74–Region 9) received during adjourn- dent of the Senate on September 30, 2016; to Environment and Public Works. ment of the Senate in the Office of the Presi- the Committee on Agriculture, Nutrition, EC–7142. A communication from the Direc- dent of the Senate on September 30, 2016; to and Forestry. tor of the Regulatory Management Division, the Committee on Environment and Public EC–7135. A communication from the Pro- Environmental Protection Agency, transmit- Works. gram Specialist of the Legislative and Regu- ting, pursuant to law, the report of a rule en- EC–7149. A communication from the Direc- latory Activities Division, Office of the titled ‘‘Approval of California Air Plan revi- tor of the Regulatory Management Division, Comptroller of the Currency, Department of sions, San Joaquin Valley Unified Air Pollu- Environmental Protection Agency, transmit- the Treasury, transmitting, pursuant to law, tion Control District’’ (FRL No. 9951–67–Re- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘OCC Guidelines gion 9) received during adjournment of the titled ‘‘Air plan Approval; Mississippi; Infra- Establishing standards for Recovery Plan- Senate in the Office of the President of the structure Requirements for the 2010 Sulfur ning by Certain Large Insured National Senate on September 30, 2016; to the Com- Dioxide National Ambient Air Quality Banks, Insured Federal Savings Associa- mittee on Environment and Public Works. Standard’’ (FRL No. 9953–35–Region 4) re- tions, and Insured Federal Branches; Tech- EC–7143. A communication from the Direc- ceived during adjournment of the Senate in nical Amendments’’ (RIN1557–AD96) received tor of the Regulatory Management Division, the Office of the President of the Senate on in the Office of the President of the Senate Environmental Protection Agency, transmit- September 30, 2016; to the Committee on En- on September 29, 2016; to the Committee on ting, pursuant to law, the report of a rule environment and Public Works. Banking, Housing, and Urban Affairs. titled ‘‘Approval of California Air Plan Revi- EC–7150. A communication from the Direc- EC–7136. A communication from the Direc- sions, Sacramento Metropolitan Air Quality tor of the Regulatory Management Division, tor of the Regulatory Management Division, Management District and San Diego County Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Air Pollution Control District’’ (FRL No. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- 9952–13–Region 9) received during adjourn- titled ‘‘Air Plan Approval; Indiana; Tem- titled ‘‘Final Determination to Approve ment of the Senate in the Office of the Presi- porary Alternate Opacity Limits for Amer- Site-Specific Flexibility for Closure and dent of the Senate on September 30, 2016; to ican Electric Power, Rockport’’ (FRL No. Monitoring of the Picacho Landfill’’ (FRL the Committee on Environment and Public 9953–14–Region 5) received during adjourn- No. 9953–45–Region 9) received during ad- Works. ment of the Senate in the Office of the Presi- journment of the Senate in the Office of the EC–7144. A communication from the Direc- dent of the Senate on September 30, 2016; to President of the Senate on September 30, tor of the Regulatory Management Division, the Committee on Environment and Public 2016; to the Committee on Environment and Environmental Protection Agency, transmit- Works. Public Works. ting, pursuant to law, the report of a rule en- EC–7151. A communication from the Direc- EC–7137. A communication from the Direc- titled ‘‘Approval and Promulgation of State tor of the Regulatory Management Division, tor of the Regulatory Management Division, Plans for Designated Facilities and Pollut- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ants, State of Wyoming; Control of Emis- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- sions From Existing Hospital/Medical/Infec- titled ‘‘Air Plan Approval; Georgia; Volatile titled ‘‘Effluent Limitations Guidelines and tions Waste Incinerator Units, Plan Revi- Organic Compounds’’ (FRL No. 9953–64–Re- Standards for the Oil and Gas Extraction sion’’ (FRL No. 9953–13–Region 8) received gion 4) received during adjournment of the Point Source Category—Implementation during adjournment of the Senate in the Of- Senate in the Office of the President of the Date Extension’’ (FRL No. 9953–26–OW) re- fice of the President of the Senate on Sep- Senate on September 30, 2016; to the Com- ceived during adjournment of the Senate in tember 30, 2016; to the Committee on Envi- mittee on Environment and Public Works. the Office of the President of the Senate on ronment and Public Works. EC–7152. A communication from the Direc- September 30, 2016; to the Committee on En- EC–7145. A communication from the Direc- tor of the Regulatory Management Division, vironment and Public Works. tor of the Regulatory Management Division, Environmental Protection Agency, transmit- EC–7138. A communication from the Direc- Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule entitled ‘‘Interstate Transport Rule for the 2008 Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Imple- Ozone NAAQS’’ (FRL No. 9950–30–OAR) re- ting, pursuant to law, the report of a rule en- mentation Plans; Washington: Updates to In- ceived during adjournment of the Senate in titled ‘‘Availability of Date Allocations of corporation by Reference and Miscellaneous the Office of the President of the Senate on Cross-State Air Pollution Rule allowances to Revisions’’ (FRL No. 9953–50–Region 10) re- September 30, 2016; to the Committee on En- Existing Electricity Generating Units’’ (FRL ceived during adjournment of the Senate in vironment and Public Works. No. 9953–30–OAR) received during adjourn- the Office of the President of the Senate on EC–7153. A communication from the Chief ment of the Senate in the Office of the Presi- September 30, 2016; to the Committee on En- of the Publications and Regulations Branch, dent of the Senate on September 30, 2016; to vironment and Public Works. Internal Revenue Service, Department of the the Committee on Environment and Public EC–7146. A communication from the Direc- Treasury, transmitting, pursuant to law, the Works. tor of the Regulatory Management Division, report of a rule entitled ‘‘Extension of Re- EC–7139. A communication from the Direc- Environmental Protection Agency, transmit- placement Period for Livestock Sold on Ac- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- count of Drought’’ (Notice 2016–60) received Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; Pennsyl- fice of the President of the Senate on Octo- titled ‘‘Approval of Nebraska’s Air Quality vania; Philadelphia County Reasonably ber 5, 2016; to the Committee on Finance. Implementation Plans; Title 129, Chapters 5, Available Control Technology Under the 1997 EC–7154. A communication from the Chief 9, 22, 30, and 34, and State Operating Permit 8-Hour Ozone National Ambient Air Quality of the Publications and Regulations Branch, Programs’’ (FRL No. 9953–57–Region 7) re- Standards’’ (FRL No. 9953–52–Region 3) re- Internal Revenue Service, Department of the ceived during adjournment of the Senate in ceived during adjournment of the Senate in Treasury, transmitting, pursuant to law, the the Office of the President of the Senate on the Office of the President of the Senate on report of a rule entitled ‘‘Liabilities Recog- September 30, 2016; to the Committee on En- September 30, 2016; to the Committee on En- nized as Recourse Partnership Liabilities vironment and Public Works. vironment and Public Works. Under Section 752’’ ((RIN1545–BM84) (TD EC–7140. A communication from the Direc- EC–7147. A communication from the Direc- 9788)) received during adjournment of the tor of the Regulatory Management Division, tor of the Regulatory Management Division, Senate in the Office of the President of the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Senate on October 5, 2016; to the Committee ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- on Finance.

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.034 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6343 EC–7155. A communication from the Assist- the Committee on Commerce, Science, and ness Directives; Airbus Airplanes’’ ((RIN2120– ant Legal Adviser for Treaty Affairs, Depart- Transportation. AA64) (Docket No. FAA–2015–6550)) received ment of State, transmitting, pursuant to the EC–7163. A communication from the Assist- during adjournment of the Senate in the Of- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ant Administrator for Fisheries, Office of fice of the President of the Senate on Octo- the report of the texts and background state- Sustainable Fisheries, Department of Com- ber 3, 2016; to the Committee on Commerce, ments of international agreements, other merce, transmitting, pursuant to law, the re- Science, and Transportation. than treaties (List 2016–0123–2016–0134); to the port of a rule entitled ‘‘Fisheries of the Car- EC–7171. A communication from the Man- Committee on Foreign Relations. ibbean, Gulf of Mexico, and South Atlantic; agement and Program Analyst, Federal EC–7156. A communication from the Assist- Snapper-Grouper Fishery Off the Southern Aviation Administration, Department of ant General Counsel for Regulatory Affairs, Atlantic States; Regulatory Amendment 25’’ Transportation, transmitting, pursuant to Pension Benefit Guaranty Corporation, (RIN0648–BF61) received during adjournment law, the report of a rule entitled ‘‘Airworthi- transmitting, pursuant to law, the report of of the Senate in the Office of the President ness Directives; The Boeing Company Air- a rule entitled ‘‘Allocation of Assets in Sin- of the Senate on October 4, 2016; to the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– gle-Employer Plans; Benefits Payable in Ter- mittee on Commerce, Science, and Transpor- 2016–6901)) received during adjournment of minated Single-Employer Plans; Interest As- tation. the Senate in the Office of the President of sumptions for Valuing and Paying Benefits’’ EC–7164. A communication from the Dep- the Senate on October 3, 2016; to the Com- (29 CFR Parts 4022 and 4044) received in the uty Assistant Administrator for Regulatory mittee on Commerce, Science, and Transpor- Office of the President of the Senate on Sep- Programs, Office of Sustainable Fisheries, tation. tember 28, 2016; to the Committee on Health, Department of Commerce, transmitting, pur- EC–7172. A communication from the Man- Education, Labor, and Pensions. suant to law, the report of a rule entitled agement and Program Analyst, Federal EC–7157. A communication from the Under ‘‘Mariana Archipelago Fisheries; Remove the Aviation Administration, Department of Secretary of Defense (Comptroller), trans- CNMI Medium and Large Vessel Bottomfish Transportation, transmitting, pursuant to mitting, pursuant to law, a report relative to Prohibited Areas’’ (RIN0648–BF37) received law, the report of a rule entitled ‘‘Airworthi- the Department of Defense Agency Financial during adjournment of the Senate in the Of- ness Directives; The Boeing Company Air- Report (AFR) for fiscal year 2016; to the fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– Committee on Homeland Security and Gov- ber 4, 2016; to the Committee on Commerce, 2015–8135)) received during adjournment of ernmental Affairs. Science, and Transportation. the Senate in the Office of the President of EC–7158. A communication from the Dep- EC–7165. A communication from the Dep- the Senate on October 3, 2016; to the Com- uty Assistant Administrator for Operations, uty Assistant Administrator for Regulatory mittee on Commerce, Science, and Transpor- Office of Sustainable Fisheries, Department Programs, Office of Sustainable Fisheries, tation. of Commerce, transmitting, pursuant to law, Department of Commerce, transmitting, pur- EC–7173. A communication from the Man- the report of a rule entitled ‘‘Fisheries of the suant to law, the report of a rule entitled agement and Program Analyst, Federal Northeastern United States; Spiny Dogfish ‘‘Pacific Island Pelagic Fisheries; 2016 U.S. Aviation Administration, Department of Fishery; 2016–2018 Specifications’’ (RIN0648– Territorial Longline Bigeye Tuna Catch Transportation, transmitting, pursuant to BF88) received during adjournment of the Limits’’ (RIN0648–XE284) received during ad- law, the report of a rule entitled ‘‘Airworthi- Senate in the Office of the President of the journment of the Senate in the Office of the ness Directives; Fokker Services B.V. Air- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on October 4, 2016; to the Committee President of the Senate on October 4, 2016; to 2016–6665)) received during adjournment of on Commerce, Science, and Transportation. the Committee on Commerce, Science, and the Senate in the Office of the President of EC–7159. A communication from the Dep- Transportation. uty Assistant Administrator for Regulatory EC–7166. A communication from the Man- the Senate on October 3, 2016; to the Com- Programs, Office of Sustainable Fisheries, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Department of Commerce, transmitting, pur- Aviation Administration, Department of tation. EC–7174. A communication from the Man- suant to law, the report of a rule entitled Transportation, transmitting, pursuant to agement and Program Analyst, Federal ‘‘Atlantic Highly Migratory Species; Adjust- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ment to 2016 Northern Albacore Tuna and ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to Atlantic Bluefin Tuna Quotas’’ (RIN0648– AA64) (Docket No. FAA–2016–6671)) received law, the report of a rule entitled ‘‘Airworthi- XE726) received during adjournment of the during adjournment of the Senate in the Of- ness Directives; Fokker Services B.V. Air- Senate in the Office of the President of the fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on October 4, 2016; to the Committee ber 3, 2016; to the Committee on Commerce, 2016–5035)) received during adjournment of on Commerce, Science, and Transportation. Science, and Transportation. the Senate in the Office of the President of EC–7160. A communication from the Dep- EC–7167. A communication from the Man- the Senate on October 3, 2016; to the Com- uty Assistant Administrator for Operations, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Office of Sustainable Fisheries, Department Aviation Administration, Department of tation. of Commerce, transmitting, pursuant to law, Transportation, transmitting, pursuant to EC–7175. A communication from the Man- the report of a rule entitled ‘‘Fisheries of the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Northeastern United States; Northeast ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of Skate Complex Fishery; Framework Adjust- AA64) (Docket No. FAA–2015–5814)) received Transportation, transmitting, pursuant to ment 3 and 2016–2017 Specifications’’ during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- (RIN0648–BF87) received during adjournment fice of the President of the Senate on Octo- ness Directives; Gulfstream Aerospace Cor- of the Senate in the Office of the President ber 3, 2016; to the Committee on Commerce, poration Airplanes’’ ((RIN2120–AA64) (Docket of the Senate on October 4, 2016; to the Com- Science, and Transportation. No. FAA–2016–9070)) received during adjourn- mittee on Commerce, Science, and Transpor- EC–7168. A communication from the Man- ment of the Senate in the Office of the Presi- tation. agement and Program Analyst, Federal dent of the Senate on October 3, 2016; to the EC–7161. A communication from the Dep- Aviation Administration, Department of Committee on Commerce, Science, and uty Assistant Administrator for Regulatory Transportation, transmitting, pursuant to Transportation. Programs, Office of Sustainable Fisheries, law, the report of a rule entitled ‘‘Airworthi- EC–7176. A communication from the Man- Department of Commerce, transmitting, pur- ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal suant to law, the report of a rule entitled AA64) (Docket No. FAA–2016–5591)) received Aviation Administration, Department of ‘‘Magnuson-Stevens Fishery Conservation during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to and Management Act Provisions; Fisheries fice of the President of the Senate on Octo- law, the report of a rule entitled ‘‘Airworthi- of the Northeastern United States; North- ber 3, 2016; to the Committee on Commerce, ness Directives; Dassault Aviation Air- east Skate Complex; Framework Adjustment Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– 3; Correction’’ (RIN0648–BF87) received dur- EC–7169. A communication from the Man- 2016–6146)) received during adjournment of ing adjournment of the Senate in the Office agement and Program Analyst, Federal the Senate in the Office of the President of of the President of the Senate on October 4, Aviation Administration, Department of the Senate on October 3, 2016; to the Com- 2016; to the Committee on Commerce, Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- tation. EC–7162. A communication from the Dep- ness Directives; Airbus Airplanes’’ ((RIN2120– EC–7177. A communication from the Man- uty Assistant Administrator for Regulatory AA64) (Docket No. FAA–2016–9108)) received agement and Program Analyst, Federal Programs, Office of Sustainable Fisheries, during adjournment of the Senate in the Of- Aviation Administration, Department of Department of Commerce, transmitting, pur- fice of the President of the Senate on Octo- Transportation, transmitting, pursuant to suant to law, the report of a rule entitled ber 3, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- ‘‘International Fisheries; Tuna and Tuna- Science, and Transportation. ness Directives; Agusta S.p.A. Helicopters’’ Like Species in the Eastern Pacific Ocean; EC–7170. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2015–3781)) Fishing Restrictions Regarding Mobulid agement and Program Analyst, Federal received during adjournment of the Senate Rays’’ (RIN0648–BF65) received during ad- Aviation Administration, Department of in the Office of the President of the Senate journment of the Senate in the Office of the Transportation, transmitting, pursuant to on October 3, 2016; to the Committee on Com- President of the Senate on October 4, 2016; to law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation.

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.036 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6344 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7178. A communication from the Man- tion of Class D Airspace; Peru, IN’’ ment of the Senate in the Office of the Presi- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No . FAA–2016–6006)) dent of the Senate on July 20, 2016; to the Aviation Administration, Department of received during adjournment of the Senate Committee on Commerce, Science, and Transportation, transmitting, pursuant to in the Office of the President of the Senate Transportation. law, the report of a rule entitled ‘‘Airworthi- on October 3, 2016; to the Committee on Com- EC–7193. A communication from the Regu- ness Directives; International Aero Engines merce, Science, and Transportation. latory Ombudsman, Federal Motor Carrier AG Turbofan Engines’’ ((RIN2120–AA64) EC–7186. A communication from the Man- Safety Administration, Department of (Docket No. FAA–2016–5392)) received during agement and Program Analyst, Federal Transportation, transmitting, pursuant to adjournment of the Senate in the Office of Aviation Administration, Department of law, the report of a rule entitled ‘‘Parts and the President of the Senate on October 3, Transportation, transmitting, pursuant to Accessories Necessary for Safe Operation; 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Establish- Windshield-Mounted Technologies’’ Science, and Transportation. ment of Class E Airspace; Ithaca, NY’’ (RIN2126–AB94) received during adjournment EC–7179. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–8816)) of the Senate in the Office of the President agement and Program Analyst, Federal received during adjournment of the Senate of the Senate on October 3, 2016; to the Com- Aviation Administration, Department of in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to on October 3, 2016; to the Committee on Com- tation. law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. EC–7194. A communication from the Trial ness Directives; Saab AB, Saab Aeronautics EC–7187. A communication from the Man- Attorney, Federal Railroad Administration, (Type Certificate Previously Held by Saab, agement and Program Analyst, Federal Department of Transportation, transmitting, AB, Saab Aerosystems) Airplanes’’ Aviation Administration, Department of pursuant to law, the report of a rule entitled ((RIN2120–AA64) (Docket No. FAA–2016–6668)) Transportation, transmitting, pursuant to ‘‘System Safety Program’’ (RIN2130–AC31) received during adjournment of the Senate law, the report of a rule entitled ‘‘Amend- received during adjournment of the Senate in the Office of the President of the Senate ment of Class E Airspace; Truckee, CA’’ in the Office of the President of the Senate on October 3, 2016; to the Committee on Com- ((RIN2120–AA66) (Docket No. FAA–2015–4074)) on October 3, 2016; to the Committee on Com- merce, Science, and Transportation. received during adjournment of the Senate merce, Science, and Transportation. EC–7180. A communication from the Man- in the Office of the President of the Senate EC–7195. A communication from the Presi- agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- dent of the United States to the President Aviation Administration, Department of merce, Science, and Transportation. Pro Tempore of the United States Senate, Transportation, transmitting, pursuant to EC–7188. A communication from the Man- transmitting, consistent with the War Pow- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ers Act, a report relative to targeted missile ness Directives; Viking Air Limited Air- Aviation Administration, Department of strikes on radar facilities in Houthi-con- planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to trolled territory in Yemen, received during 2016–4229)) received during adjournment of law, the report of a rule entitled ‘‘Amend- adjournment of the Senate on October 14, the Senate in the Office of the President of ment of Class D and E Airspace, and Revoca- 2016; to the Committee on Foreign Relations. the Senate on October 3, 2016; to the Com- tion of Class E Airspace; Troy, AL’’ EC–7196. A communication from the Direc- mittee on Commerce, Science, and Transpor- ((RIN2120–AA66) (Docket No. FAA–2014–0726)) tor of the Regulatory Management Division, tation. received during adjournment of the Senate Environmental Protection Agency, transmit- EC–7181. A communication from the Man- in the Office of the President of the Senate ting, pursuant to law, the report of a rule en- agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- titled ‘‘Tolfenpyrad; Pesticide Tolerances for Aviation Administration, Department of merce, Science, and Transportation. Emergency Exemptions’’ (FRL No. 9951–57) Transportation, transmitting, pursuant to EC–7189. A communication from the Man- received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal in the Office of the President of the Senate ness Directives; ATR–GIE Avions de Trans- Aviation Administration, Department of on October 5, 2016; to the Committee on Agri- port Regional Airplanes’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to culture, Nutrition, and Forestry. (Docket No. FAA–2015–0077)) received during law, the report of a rule entitled ‘‘Revoca- EC–7197. A communication from the Direc- adjournment of the Senate in the Office of tion of Class D Airspace; Vancouver, WA’’ tor of the Regulatory Management Division, the President of the Senate on October 3, ((RIN2120–AA66) (Docket No. FAA–2015–4133)) Environmental Protection Agency, transmit- 2016; to the Committee on Commerce, received during adjournment of the Senate ting, pursuant to law, the report of a rule en- Science, and Transportation. in the Office of the President of the Senate titled ‘‘Dichlormid; Pesticide Tolerances’’ EC–7182. A communication from the Man- on October 3, 2016; to the Committee on Com- (FRL No. 9951–90) received during adjourn- agement and Program Analyst, Federal merce, Science, and Transportation. ment of the Senate in the Office of the Presi- Aviation Administration, Department of EC–7190. A communication from the Man- dent of the Senate on October 5, 2016; to the Transportation, transmitting, pursuant to agement and Program Analyst, Federal Committee on Agriculture, Nutrition, and law, the report of a rule entitled ‘‘Establish- Aviation Administration, Department of Forestry. ment of Class E Airspace; Lakota, SD’’ Transportation, transmitting, pursuant to EC–7198. A communication from the Direc- ((RIN2120–AA66) (Docket No. FAA–2016–6115)) law, the report of a rule entitled ‘‘Amend- tor of the Regulatory Management Division, received during adjournment of the Senate ment of Class D and E Airspace and Revoca- Environmental Protection Agency, transmit- in the Office of the President of the Senate tion of Class E Airspace; Sioux City, IA’’ ting, pursuant to law, the report of a rule en- on October 3, 2016; to the Committee on Com- ((RIN2120–AA66) (Docket No. FAA–2015–7487)) titled ‘‘Acrylic acid-butyl acrylate-styrene merce, Science, and Transportation. received during adjournment of the Senate copolymer; Tolerance Exemption’’ (FRL No. EC–7183. A communication from the Man- in the Office of the President of the Senate 9952–34) received during adjournment of the agement and Program Analyst, Federal on October 3, 2016; to the Committee on Com- Senate in the Office of the President of the Aviation Administration, Department of merce, Science, and Transportation. Senate on October 5, 2016; to the Committee Transportation, transmitting, pursuant to EC–7191. A communication from the Man- on Agriculture, Nutrition, and Forestry. law, the report of a rule entitled ‘‘Establish- agement and Program Analyst, Federal EC–7199. A communication from the Direc- ment of Class E Airspace; Jetmore, KS’’ Aviation Administration, Department of tor of the Regulatory Management Division, ((RIN2120–AA66) (Docket No. FAA–2016–7002)) Transportation, transmitting, pursuant to Environmental Protection Agency, transmit- received during adjournment of the Senate law, the report of a rule entitled ‘‘Revoca- ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate tion of Class E Airspace; Alliance, NE; and titled ‘‘Isofetamid; Pesticide Tolerances for on October 3, 2016; to the Committee on Com- Amendment of Class E Airspace for the Fol- Emergency Exemptions’’ (FRL No. 9952–59) merce, Science, and Transportation. lowing Nebraska Towns; Albion, NE; Alli- received during adjournment of the Senate EC–7184. A communication from the Man- ance, NE; Gothenburg, NE; Holdrege, NE; in the Office of the President of the Senate agement and Program Analyst, Federal Imperial, NE; Lexington, NE; and Millard on October 13, 2016; to the Committee on Ag- Aviation Administration, Department of Airport, Omaha, NE’’ ((RIN2120–AA66) (Dock- riculture, Nutrition, and Forestry. Transportation, transmitting, pursuant to et No. FAA–2016–5388)) received during ad- EC–7200. A communication from the Direc- law, the report of a rule entitled ‘‘Establish- journment of the Senate in the Office of the tor of the Regulatory Management Division, ment of Class D and Class E Airspace; President of the Senate on October 3, 2016; to Environmental Protection Agency, transmit- Brookshire, TX’’ ((RIN2120–AA66) (Docket the Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- No. FAA–2014–0742)) received during adjourn- Transportation. titled ‘‘Metaldehyde; Pesticide Tolerances’’ ment of the Senate in the Office of the Presi- EC–7192. A communication from the Attor- (FRL No. 9951–78) received during adjourn- dent of the Senate on October 3, 2016; to the ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- dent of the Senate on October 13, 2016; to the Transportation. ant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and EC–7185. A communication from the Man- ‘‘Safety Zone; Tall Ships Challenge Great Forestry. agement and Program Analyst, Federal Lakes 2016, Fairport Harbor, OH, Bay City, EC–7201. A communication from the Ad- Aviation Administration, Department of MI, Chicago, IL, Green Bay, WI , Duluth, ministrator of the Specialty Crops Program, Transportation, transmitting, pursuant to MN, Erie, PA’’ ((RIN1625–AA00) (Docket No. Agricultural Marketing Service, Department law, the report of a rule entitled ‘‘Modifica- USCG–2016–0267)) received during adjourn- of Agriculture, transmitting, pursuant to

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.038 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6345 law, the report of a rule entitled ‘‘Domestic EC–7209. A communication from the Direc- ant to law, a six-month periodic report on Dates Produced or Packed in Riverside Coun- tor of Defense Procurement and Acquisition the national emergency with respect to ty, California; Decreased Assessment Rate’’ Policy, Department of Defense, transmit- South Sudan that was declared in Executive (Docket No. AMS–SC–16–0084) received dur- ting, pursuant to law, the report of a rule en- Order 13664 of April 3, 2014; to the Committee ing adjournment of the Senate in the Office titled ‘‘Defense Federal Acquisition Regula- on Banking, Housing, and Urban Affairs. of the President of the Senate on October 6, tion Supplement: Prohibition on Use of any EC–7219. A communication from the Sec- 2016; to the Committee on Agriculture, Nu- Cost-Plus System of Contracting for Mili- retary of the Treasury, transmitting, pursu- trition, and Forestry. tary Construction and Military Family ant to law, a six-month periodic report on EC–7202. A communication from the Ad- Housing Projects’’ ((RIN0750–AI87) (DFARS the national emergency that was declared in ministrator of the Specialty Crops Program, Case 2015–D040)) received during adjournment Executive Order 13694 of April 1, 2015, with Agricultural Marketing Service, Department of the Senate in the Office of the President respect to significant malicious cyber-en- of Agriculture, transmitting, pursuant to of the Senate on October 18, 2016; to the Com- abled activities; to the Committee on Bank- law, the report of a rule entitled ‘‘Oranges mittee on Armed Services. ing, Housing, and Urban Affairs. and Grapefruit Grown in Lower Rio Grande EC–7210. A communication from the Direc- EC–7220. A communication from the Sec- Valley in Texas; Decreased Assessment tor of Defense Procurement and Acquisition retary of the Treasury, transmitting, pursu- Rate’’ (Docket No. AMS–FV–15–0035) received Policy, Department of Defense, transmit- ant to law, a six-month periodic report on during adjournment of the Senate in the Of- ting, pursuant to law, the report of a rule en- the national emergency with respect to the fice of the President of the Senate on March titled ‘‘Defense Federal Acquisition Regula- situation in or in relation to the Democratic 28, 2016; to the Committee on Agriculture, tion Supplement: Display of Hotline Post- Republic of the Congo that was declared in Nutrition, and Forestry. ers’’ ((RIN0750–AI94) (DFARS Case 2016– Executive Order 13413 of October 27, 2006; to EC–7203. A communication from the Chief D018)) received during adjournment of the the Committee on Banking, Housing, and of the Planning and Regulatory Affairs Senate in the Office of the President of the Urban Affairs. Branch, Food and Nutrition Service, Depart- Senate on October 18, 2016; to the Committee EC–7221. A communication from the Sec- ment of Agriculture, transmitting, pursuant on Armed Services. retary of the Treasury, transmitting, pursu- to law, the report of a rule entitled ‘‘Regu- EC–7211. A communication from the Direc- ant to law, a six-month periodic report on latory Implementation of Office of Manage- tor of Defense Procurement and Acquisition the national emergency that was declared in ment and Budget’s Uniform Administrative Policy, Department of Defense, transmit- Executive Order 13067 of November 3, 1997, Requirements, Cost Principles, and Audit ting, pursuant to law, the report of a rule en- with respect to Sudan; to the Committee on Requirements for Federal Rewards’’ titled ‘‘Defense Federal Acquisition Regula- Banking, Housing, and Urban Affairs. (RIN0584–AE42) received during adjournment tion Supplement: Network Penetration Re- EC–7222. A communication from the Presi- of the Senate in the Office of the President porting and Contracting for Cloud Services’’ dent of the United States, transmitting, pur- of the Senate on October 5, 2016; to the Com- ((RIN0750–AI61) (DFARS Case 2013–D018)) re- suant to law, a report on the continuation of mittee on Agriculture, Nutrition, and For- ceived during adjournment of the Senate in the national emergency with respect to nar- estry. the Office of the President of the Senate on cotics traffickers centered in Colombia that EC–7204. A communication from the Acting October 18, 2016; to the Committee on Armed was declared in Executive Order 12978, re- Director of the Legislative Affairs Division, Services. ceived during the adjournment of the Senate Natural Resources Conservation Service, De- EC–7212. A communication from the Direc- in the Office of the President of the Senate partment of Agriculture, transmitting, pur- tor of Defense Procurement and Acquisition on October 18, 2016; to the Committee on suant to law, the report of a rule entitled Policy, Department of Defense, transmit- Banking, Housing, and Urban Affairs. ‘‘Agricultural Conservation Easement Pro- ting, pursuant to law, the report of a rule en- EC–7223. A communication from the Presi- gram’’ (RIN0578–AA61) received during ad- titled ‘‘Defense Federal Acquisition Regula- dent of the United States, transmitting, pur- journment of the Senate in the Office of the tion Supplement: Rights in Technical Data’’ suant to law, a six-month periodic report on President of the Senate on October 20, 2016; ((RIN0750–AI91) (DFARS Case 2016–D008)) re- the national emergency with respect to the to the Committee on Agriculture, Nutrition, ceived during adjournment of the Senate in situation in or in relation to the Democratic and Forestry. the Office of the President of the Senate on Republic of the Congo that was declared in EC–7205. A communication from the Chief October 18, 2016; to the Committee on Armed Executive Order 13413 of October 27, 2006, re- of the Financial Management and Agree- Services. ceived during adjournment of the Senate in ments Division, Agricultural Research Serv- EC–7213. A communication from the Presi- the Office of the President of the Senate on ice, Department of Agriculture, transmit- dent of the United States, transmitting, pur- October 21, 2016; to the Committee on Bank- ting, pursuant to law, the report of a rule en- suant to law, a report relative to the Con- ing, Housing, and Urban Affairs. titled ‘‘General Administrative Policy for tinuing Appropriations and Military Con- EC–7224. A communication from the Sec- Non-Assistance Cooperative Agreements’’ struction, Veterans Affairs, and Related retary, Securities and Exchange Commis- (RIN0518–AA06) received during adjournment Agencies Appropriations Act, 2017, and Zika sion, transmitting, pursuant to law, the re- of the Senate in the Office of the President Response and Preparedness Act; to the Com- port of a rule entitled ‘‘Investment Company of the Senate on October 19, 2016; to the Com- mittee on the Budget. Swing Pricing’’ (RIN3235–AL61) received dur- mittee on Agriculture, Nutrition, and For- EC–7214. A communication from the Presi- ing adjournment of the Senate in the Office estry. dent of the United States, transmitting, pur- of the President of the Senate on October 20, EC–7206. A communication from the Sec- suant to law, a report relative to the des- 2016; to the Committee on Banking, Housing, retary of the Commodity Futures Trading ignation of funding for Overseas Contingency and Urban Affairs. Commission, transmitting, pursuant to law, Operations/Global War on Terrorism; to the EC–7225. A communication from the Sec- the report of a rule entitled ‘‘Clearing Re- Committee on the Budget. retary, Securities and Exchange Commis- quirement Determination under Section 2(h) EC–7215. A communication from the Dep- sion, transmitting, pursuant to law, the re- of the Commodity Exchange Act for Interest uty General Counsel for Operations, Depart- port of a rule entitled ‘‘Investment Company Rate Swaps’’ (RIN3038–AE20) received during ment of Housing and Urban Development, Liquidity Risk Management Programs’’ adjournment of the Senate in the Office of transmitting, pursuant to law, a report rel- (RIN3235–AL61) received during adjournment the President of the Senate on October 12, ative to a vacancy in the position of General of the Senate in the Office of the President 2016; to the Committee on Agriculture, Nu- Counsel, Department of Housing and Urban of the Senate on October 20, 2016; to the Com- trition, and Forestry. Development, received during adjournment mittee on Banking, Housing, and Urban Af- EC–7207. A communication from the Under of the Senate in the Office of the President fairs. Secretary of Defense (Acquisition, Tech- of the Senate on October 6, 2016; to the Com- EC–7226. A communication from the Sec- nology, and Logistics), transmitting, pursu- mittee on Banking, Housing, and Urban Af- retary, Securities and Exchange Commis- ant to law, a report relative to the merger of fairs. sion, transmitting, pursuant to law, the re- the Office of the Assistant Secretary of De- EC–7216. A communication from the Sec- port of a rule entitled ‘‘Investment Company fense for Operational Energy Plans and Pro- retary of the Treasury, transmitting, pursu- Reporting Modernization’’ (RIN3235–AL42) grams and the Office of the Deputy Under ant to law, a six-month periodic report on received during adjournment of the Senate Secretary of Defense for Installation and En- the national emergency declared in Execu- in the Office of the President of the Senate vironment; to the Committee on Armed tive Order 12978 of October 21, 1995, with re- on October 20, 2016; to the Committee on Services. spect to significant narcotics traffickers cen- Banking, Housing, and Urban Affairs. EC–7208. A communication from the Alter- tered in Colombia; to the Committee on EC–7227. A communication from the Direc- nate Federal Register Liaison Officer, Office Banking, Housing, and Urban Affairs. tor, Community Development Financial In- of the Secretary, Department of Defense, EC–7217. A communication from the Sec- stitutions Fund, Department of the Treas- transmitting, pursuant to law, the report of retary of the Treasury, transmitting, pursu- ury, transmitting, pursuant to law, the re- a rule entitled ‘‘Identification (ID) Cards for ant to law, a six-month periodic report on port of a rule entitled ‘‘Bank Enterprise Members of the Uniformed Services, Their the national emergency with respect to Iran Award System’’ ((RIN1505–AA91) (12 CFR Dependents, and Other Eligible Individuals’’ that was declared in Executive Order 12170 Part 1806)) received during adjournment of (RIN0790–AJ37) received during adjournment on November 14, 1979; to the Committee on the Senate in the Office of the President of of the Senate in the Office of the President Banking, Housing, and Urban Affairs. the Senate on October 4, 2016; to the Com- of the Senate on October 19, 2016; to the Com- EC–7218. A communication from the Sec- mittee on Banking, Housing, and Urban Af- mittee on Armed Services. retary of the Treasury, transmitting, pursu- fairs.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.040 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6346 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7228. A communication from the Assist- 2016; to the Committee on Energy and Nat- Fish and Wildlife Service, Department of the ant to the Board of Governors of the Federal ural Resources. Interior, transmitting, pursuant to law, the Reserve System, transmitting, pursuant to EC–7236. A communication from the Con- report of a rule entitled ‘‘Endangered and law, the report of a rule entitled ‘‘Regu- servation Policy Specialist, Fish and Wild- Threatened Wildlife and Plants; Threatened latory Capital Rules: The Federal Reserve life Service, Department of the Interior, Status for Lepidium papilliferum (Slickspot Board’s Framework for Implementing the transmitting, pursuant to law, the report of Peppergrass) Throughout Its Range’’ U.S. Basel III Countercyclical Capital Buff- a rule entitled ‘‘Non-Subsistence Take of (RIN1018–BA27) received during adjournment er’’ (RIN7100–AE43) received during adjourn- Wildlife, and Public Participation and Clo- of the Senate in the Office of the President ment of the Senate in the Office of the Presi- sure Procedures, on National Wildlife Ref- of the Senate on October 5, 2016; to the Com- dent of the Senate on October 6, 2016; to the uges in Alaska’’ (RIN1018–BA31) received dur- mittee on Environment and Public Works. Committee on Banking, Housing, and Urban ing adjournment of the Senate in the Office EC–7244. A communication from the Acting Affairs. of the President of the Senate on October 5, Branch Chief of the Unified Listing Team, EC–7229. A communication from the Chief 2016; to the Committee on Energy and Nat- Fish and Wildlife Service, Department of the Counsel, Federal Emergency Management ural Resources. Interior, transmitting, pursuant to law, the Agency, Department of Homeland Security, EC–7237. A communication from the De- report of a rule entitled ‘‘Endangered and transmitting, pursuant to law, the report of partment Program Director, Office of Acqui- Threatened Wildlife and Plants; Threatened a rule entitled ‘‘Suspension of Community sition and Property Management, Depart- Species Status for Suwannee Moccasinshell’’ Eligibility; Louisa County, VA, and Unincor- ment of Commerce, transmitting, pursuant (RIN1018–BB09) received during adjournment porated Areas’’ ((44 CFR Part 64) (Docket No. to law, the report of a rule entitled ‘‘Revi- of the Senate in the Office of the President FEMA–2016–0002)) received during adjourn- sion to Nonprocurement Suspension and De- of the Senate on October 5, 2016; to the Com- ment of the Senate in the Office of the Presi- barment Regulations’’ (RIN1090–AB12) re- mittee on Environment and Public Works. dent of the Senate on October 6, 2016; to the ceived during adjournment of the Senate in EC–7245. A communication from the Chief Committee on Banking, Housing, and Urban the Office of the President of the Senate on of the Division of Policy, Performance, and Affairs. October 5, 2016; to the Committee on Energy Management Programs, Fish and Wildlife EC–7230. A communication from the Assist- and Natural Resources. Service, Department of the Interior, trans- ant General Counsel for Legislation, Regula- EC–7238. A communication from the Spe- mitting, pursuant to law, the report of a rule tion and Energy Efficiency, Department of cial Agent in Charge of the Branch of Inves- entitled ‘‘Endangered and Threatened Wild- Energy, transmitting, pursuant to law, the tigations, Office of Law Enforcement, Fish life and Plants; Amending the Formats of report of a rule entitled ‘‘Procedures for De- and Wildlife Service, transmitting, pursuant the Lists of Endangered and Threatened termining Eligibility for Access to Classified to law, the report of a rule entitled ‘‘Civil Wildlife and Plants’’ (RIN1018–AU62) received Matter or Special Nuclear Material’’ Penalties; Inflation Adjustments for Civil during adjournment of the Senate in the Of- (RIN1992–AA36) received in the Office of the Monetary Penalties’’ (RIN1018–BB32) re- fice of the President of the Senate on Octo- President of Senate on October 18, 2016; to ceived during adjournment of the Senate in ber 5, 2016; to the Committee on Environ- the Committee on Energy and Natural Re- the Office of the President of the Senate on ment and Public Works. sources. October 5, 2016; to the Committee on Energy EC–7246. A communication from the Wild- EC–7231. A communication from the Assist- and Natural Resources. life Biologist, Fish and Wildlife Service, De- EC–7239. A communication from the Acting ant General Counsel for Legislation, Regula- partment of the Interior, transmitting, pur- Chief of the Foreign Species Branch, Fish tion and Energy Efficiency, Department of suant to law, the report of a rule entitled and Wildlife Service, Department of the Inte- Energy, transmitting, pursuant to law, the ‘‘Migratory Bird Hunting; Seasons and Bag rior, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Energy Conserva- and Possession Limits for Certain Migratory port of a rule entitled ‘‘Endangered and tion Program: Energy Conservation Stand- Game Birds’’ (RIN1018–BA70) received during Threatened Wildlife and Plants; Taxonomic ards for Direct Heating Equipment’’ adjournment of the Senate in the Office of Correction for the Grand Cayman Ground (RIN1904–AD65) received in the Office of the the President of the Senate on October 5, Iguana’’ (RIN1018–BB69) received during ad- President of Senate on October 18, 2016; to 2016; to the Committee on Environment and journment of the Senate in the Office of the the Committee on Energy and Natural Re- President of the Senate on October 14, 2016; Public Works. EC–7247. A communication from the Acting sources. to the Committee on Environment and Pub- EC–7232. A communication from the Assist- Branch Chief of the Unified Listing Team, lic Works. ant General Counsel for Legislation, Regula- EC–7240. A communication from the Acting Fish and Wildlife Service, Department of the tion and Energy Efficiency, Department of Unified Listing Team Manager, Fish and Interior, transmitting, pursuant to law, the Energy, transmitting, pursuant to law, the Wildlife Service, Department of the Interior, report of a rule entitled ‘‘Endangered and report of a rule entitled ‘‘Energy Conserva- transmitting, pursuant to law, the report of Threatened Wildlife and Plants; Endangered tion Program: Test Procedures for Certain a rule entitled ‘‘Endangered and Threatened Species Status for the Miami Tiger Beetle Categories of General Service Lamps’’ Wildlife and Plants; Endangered Species Sta- (Cicindelidia floridana)’’ (RIN1018–BA16) re- (RIN1904–AD64) received in the Office of the tus for Chamaecrista lineata var. keyensis ceived during adjournment of the Senate in President of Senate on October 18, 2016; to (Big Pine Partridge Pea), Chamaesyce the Office of the President of the Senate on the Committee on Energy and Natural Re- deltoidea ssp. serpyllum (Wedge Spurge), and October 5, 2016; to the Committee on Envi- sources. Linum arenicola (Sand Flax), and Threat- ronment and Public Works. EC–7233. A communication from the Dep- ened Species Status for Argythamnia EC–7248. A communication from the Acting uty General Counsel, Federal Energy Regu- blodgettii (Blodgett’s Silverbush)’’ (RIN1018– Chief of the Unified Listing Team, Fish and latory Commission, transmitting, pursuant AZ95) received during adjournment of the Wildlife Service, Department of the Interior, to law, the report of a rule entitled ‘‘Format Senate in the Office of the President of the transmitting, pursuant to law, the report of and Dimensions of Maps and Drawings Re- Senate on October 14, 2016; to the Committee a rule entitled ‘‘Endangered and Threatened quired by the Commission’s Hydropower Pro- on Environment and Public Works. Wildlife and Plants; Designation of Critical gram’’ ((RIN1902–AE90) (Docket No. RM14–20– EC–7241. A communication from the Uni- Habitat for the Sierra Nevada Yellow-Legged 000)) received during adjournment of the fied Listing Team Manager, Fish and Wild- Frog, the Northern DPS of the Mountain Senate in the Office of the President of the life Service, Department of the Interior, Yellow-Legged Frog, and the Yosemite Senate on October 14, 2016; to the Committee transmitting, pursuant to law, the report of Toad’’ (RIN1018–AY07) received during ad- on Energy and Natural Resources. a rule entitled ‘‘Endangered and Threatened journment of the Senate in the Office of the EC–7234. A communication from the Gen- Wildlife and Plants; Endangered Status for President of the Senate on October 5, 2016; to eral Counsel, Federal Energy Regulatory 49 Species From the Hawaiian Islands’’ the Committee on Environment and Public Commission, transmitting, pursuant to law, (RIN1018–BB07) received during adjournment Works. the report of a rule entitled ‘‘Reliability of the Senate in the Office of the President EC–7249. A communication from the Acting Standard for Transmission System Planned of the Senate on October 14, 2016; to the Com- Manager of the Unified Listing Team, Fish Performance for Geomagnetic Disturbance mittee on Environment and Public Works. and Wildlife Service, Department of the Inte- Events’’ ((RIN1902–0264) (Docket No. RM15– EC–7242. A communication from the Chief rior, transmitting, pursuant to law, the re- 11–000)) received during adjournment of the of the Listing and Policy Support Branch, port of a rule entitled ‘‘Endangered and Senate in the Office of the President of the Fish and Wildlife Service, Department of the Threatened Wildlife and Plants; Threatened Senate on October 11, 2016; to the Committee Interior, transmitting, pursuant to law, the Species Status for Platanthera integrilabia on Energy and Natural Resources. report of a rule entitled ‘‘Endangered and (White Fringeless Orchid)’’ (RIN1018–BA93) EC–7235. A communication from the Direc- Threatened Wildlife and Plants; Revisions to received during adjournment of the Senate tor of the Office of Native Hawaiian Rela- the Regulations for Petitions’’ (RIN1018– in the Office of the President of the Senate tions, Office of the Secretary, Department of BA53 and RIN0648–BF06) received during ad- on October 5, 2016; to the Committee on En- the Interior, transmitting, pursuant to law, journment of the Senate in the Office of the vironment and Public Works. the report of a rule entitled ‘‘Land Exchange President of the Senate on October 14, 2016; EC–7250. A communication from the Acting Procedures and Procedures to Amend the Ha- to the Committee on Environment and Pub- Manager of the Unified Listing Team, Fish waiian Homes Commission Act, 1920’’ lic Works. and Wildlife Service, Department of the Inte- (RIN1090–AA98) received in the Office of the EC–7243. A communication from the Acting rior, transmitting, pursuant to law, the re- President of the Senate on September 29, Branch Chief of the Unified Listing Team, port of a rule entitled ‘‘Endangered and

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.042 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6347 Threatened Wildlife and Plants; Designation EC–7258. A communication from the Man- ting, pursuant to law, the report of a rule en- of Critical Habitat for the Acuna Cactus and ager of the Unified Listing Team, Fish and titled ‘‘Approval and Promulgation of State the Fickeisen Plains Cactus’’ (RIN1018–AZ43) Wildlife Service, Department of the Interior, Implementation Plan Revisions to Primary received during adjournment of the Senate transmitting, pursuant to law, the report of Air Quality Standards, Minor Source Base- in the Office of the President of the Senate a rule entitled ‘‘Endangered and Threatened line Date, Incorporation by Reference and on October 5, 2016; to the Committee on En- Wildlife and Plants; Determination of Crit- 2008 Ozone NAAQS Infrastructure Require- vironment and Public Works. ical Habitat for the Marbled Murrelet’’ ments for CAA Section 110(a) (2) (C) and (D) EC–7251. A communication from the Acting (RIN1018–BA91) received during adjournment (i) (II); Wyoming’’ (FRL No. 9953–78–Region 8) Manager of the Unified Listing Team, Fish of the Senate in the Office of the President received during adjournment of the Senate and Wildlife Service, Department of the Inte- of the Senate on October 5, 2016; to the Com- in the Office of the President of the Senate rior, transmitting, pursuant to law, the re- mittee on Environment and Public Works. on October 5, 2016; to the Committee on En- port of a rule entitled ‘‘Endangered and EC–7259. A communication from the Chief vironment and Public Works. Threatened Wildlife and Plants; Threatened of the Wildlife Trade and Conservation EC–7266. A communication from the Direc- Species Status for the Elfin-woods Warbler Branch, Fish and Wildlife Service, Depart- tor of the Regulatory Management Division, with 4(d) Rule’’ (RIN1018–BA94) received dur- ment of the Interior, transmitting, pursuant Environmental Protection Agency, transmit- ing adjournment of the Senate in the Office to law, the report of a rule entitled ‘‘Inclu- ting, pursuant to law, the report of a rule en- of the President of the Senate on October 5, sion of Four Native U.S. Freshwater Turtle titled ‘‘Approval and Promulgation of Air 2016; to the Committee on Environment and Species in Appendix III Of the Convention on Quality Implementation Plans; District of Public Works. International Trade in Endangered Species Columbia; Revision of Regulations for Sulfur EC–7252. A communication from the Chief of Wild Fauna and Flora (CITES)’’ (RIN1018– Content of Fuel Oil’’ (FRL No. 9953–74–Re- of the Unified Listing Team, Fish and Wild- AZ53) received during adjournment of the gion 3) received during adjournment of the life Service, Department of the Interior, Senate in the Office of the President of the Senate in the Office of the President of the transmitting, pursuant to law, the report of Senate on October 5, 2016; to the Committee Senate on October 5, 2016; to the Committee a rule entitled ‘‘Endangered and Threatened on Environment and Public Works. on Environment and Public Works. Wildlife and Plants; Lesser Prairie-Chicken EC–7260. A communication from the Con- EC–7267. A communication from the Direc- Removed From the List of Endangered and servation Policy Specialist, Fish and Wild- tor of the Regulatory Management Division, Threatened Wildlife’’ (RIN1018–BB67) re- life Service, Department of the Interior, Environmental Protection Agency, transmit- ceived during adjournment of the Senate in transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on a rule entitled ‘‘2016–2017 Refuge-Specific titled ‘‘Protection of Stratospheric Ozone: October 5, 2016; to the Committee on Envi- Hunting and Sport Fishing Regulations’’ Update to the Refrigerant Management Re- ronment and Public Works. (RIN1018–BB31) received during adjournment quirements under the Clean Air Act’’ EC–7253. A communication from the Chief of the Senate in the Office of the President ((RIN2060–AS51) (FRL No. 9950–28–OAR)) re- of the Unified Listing Team, Fish and Wild- of the Senate on October 5, 2016; to the Com- ceived during adjournment of the Senate in life Service, Department of the Interior, mittee on Environment and Public Works. the Office of the President of the Senate on transmitting, pursuant to law, the report of EC–7261. A communication from the Chief October 5, 2016; to the Committee on Envi- a rule entitled ‘‘Endangered and Threatened of the Recovery and State Grants Branch, ronment and Public Works. Wildlife and Plants; Threatened Species Sta- Fish and Wildlife Service, Department of the EC–7268. A communication from the Direc- tus for Kentucky Arrow Darter with 4(d) Interior, transmitting, pursuant to law, the tor of the Regulatory Management Division, Rule’’ (RIN1018–AZ09) received during ad- report of a rule entitled ‘‘Endangered and Environmental Protection Agency, transmit- journment of the Senate in the Office of the Threatened Wildlife and Plants; Removing ting, pursuant to law, the report of a rule en- President of the Senate on October 5, 2016; to the San Miguel Island Fox, Santa Rosa Is- titled ‘‘Revisions to Public Notice Provisions the Committee on Environment and Public land Fox, and Santa Crus Island Fox from in Clean Air Act Permitting Programs’’ Works. ((RIN2060–AS59) (FRL No. 9954–10–OAR)) re- EC–7254. A communication from the Chief the Federal List of Endangered and Threat- ceived during adjournment of the Senate in of the Unified Listing Team, Fish and Wild- ened Wildlife, and Reclassifying the Santa the Office of the President of the Senate on life Service, Department of the Interior, Catalina Island Fox from Endangered to October 13, 2016; to the Committee on Envi- transmitting, pursuant to law, the report of Threatened’’ (RIN1018–BA71) received during adjournment of the Senate in the Office of ronment and Public Works. a rule entitled ‘‘Endangered and Threatened EC–7269. A communication from the Direc- Wildlife and Plants; Designation of Critical the President of the Senate on October 5, tor of the Regulatory Management Division, Habitat for Kentucky Arrow Darter’’ 2016; to the Committee on Environment and Environmental Protection Agency, transmit- (RIN1018–BB05) received during adjournment Public Works. ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President EC–7262. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- of the Senate on October 5, 2016; to the Com- tor of the Regulatory Management Division, mentation Plan; California; Calaveras Coun- mittee on Environment and Public Works. Environmental Protection Agency, transmit- EC–7255. A communication from the Acting ting, pursuant to law, the report of a rule en- ty, Chico (Butte County), San Francisco Bay Branch Chief of the Unified Listing Team, titled ‘‘Denial of Request for Extension of Area and San Luis Obispo County (Eastern Fish and Wildlife Service, Department of the Attainment Date for 1997 PM2.5 NAAQS; San Luis Obispo) Base Year Emission Inven- Interior, transmitting, pursuant to law, the California; San Joaquin Valley Serious Non- tories for the 2008 Ozone Standards’’ (FRL report of a rule entitled ‘‘Endangered and attainment Area’’ (FRL No. 9953–66–Region 9) No. 9954–20–Region 9) received during ad- Threatened Wildlife and Plants; Endangered received during adjournment of the Senate journment of the Senate in the Office of the Status for Five Species From American in the Office of the President of the Senate President of the Senate on October 13, 2016; Samoa’’ (RIN1018–AZ97) received during ad- on October 5, 2016; to the Committee on En- to the Committee on Environment and Pub- journment of the Senate in the Office of the vironment and Public Works. lic Works. President of the Senate on October 5, 2016; to EC–7263. A communication from the Direc- EC–7270. A communication from the Direc- the Committee on Environment and Public tor of the Regulatory Management Division, tor of the Regulatory Management Division, Works. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- EC–7256. A communication from the Chief ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- of the Branch of Aquatic Invasive Species, titled ‘‘Approval of Missouri’s Air Quality titled ‘‘Approval and Promulgation of Air Fish and Wildlife Service, Department of the Implementation Plans, Operating Permits Quality Implementation Plans; State of Interior, transmitting, pursuant to law, the Program, and 112(1) Plan; Construction Per- Utah; Revisions to the Utah Division of Ad- report of a rule entitled ‘‘Endangered and mits Required’’ (FRL No. 9953–77–Region 7) ministrative Rules, R307–300 Series; Area Threatened Wildlife and Plants; Listing 10 received during adjournment of the Senate Source Rules for Attainment of Fine Partic- Freshwater Fish and 1 Crayfish’’ (RIN1018– in the Office of the President of the Senate ulate Matter Standards.’’ (FRL No. 9954–14– AY69) received during adjournment of the on October 5, 2016; to the Committee on En- Region 8) received during adjournment of the Senate in the Office of the President of the vironment and Public Works. Senate in the Office of the President of the Senate on October 5, 2016; to the Committee EC–7264. A communication from the Direc- Senate on October 13, 2016; to the Committee on Environment and Public Works. tor of the Regulatory Management Division, on Environment and Public Works. EC–7257. A communication from the Man- Environmental Protection Agency, transmit- EC–7271. A communication from the Direc- ager of the Unified Listing Team, Fish and ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Wildlife Service, Department of the Interior, titled ‘‘Approval of California Air Plan Revi- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of sions, Butte County Air Quality Manage- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Endangered and Threatened ment District’’ (FRL No. 9952–17–Region 9) titled ‘‘Approval and Disapproval and Pro- Wildlife and Plants; Threatened Species Sta- received during adjournment of the Senate mulgation of Air Quality Implementation tus for the Eastern Massasauga Rattle- in the Office of the President of the Senate Plans; Interstate Transport for Utah’’ (FRL snake’’ (RIN1018–BA98) received during ad- on October 5, 2016; to the Committee on En- No. 9954–13–Region 8) received during adjournment of the Senate in the Office of the vironment and Public Works. journment of the Senate in the Office of the President of the Senate on October 5, 2016; to EC–7265. A communication from the Direc- President of the Senate on October 13, 2016; the Committee on Environment and Public tor of the Regulatory Management Division, to the Committee on Environment and Pub- Works. Environmental Protection Agency, transmit- lic Works.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.044 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6348 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7272. A communication from the Direc- EC–7281. A communication from the Chief ment of State, transmitting, pursuant to tor of the Regulatory Management Division, of the Publications and Regulations Branch, law, a report relative to section 36(c) of the Environmental Protection Agency, transmit- Internal Revenue Service, Department of the Arms Export Control Act (DDTC 16–067); to ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. titled ‘‘Air Plan Approval; Ohio; Removal of report of a rule entitled ‘‘Employee Plans EC–7293. A communication from the Assist- Gasoline Vapor Recovery Requirements.’’ Compliance Resolution System (‘‘EPCRS’’ ) ant Secretary, Legislative Affairs, Depart- (FRL No. 9954–21–Region 5) received during Update’’ (Rev. Proc. 2016–51) received during ment of State, transmitting, pursuant to adjournment of the Senate in the Office of adjournment of the Senate in the Office of law, a report relative to section 36(c) of the the President of the Senate on October 13, the President of the Senate on October 5, Arms Export Control Act (DDTC 16–090); to 2016; to the Committee on Environment and 2016; to the Committee on Finance. the Committee on Foreign Relations. Public Works. EC–7282. A communication from the Chief EC–7294. A communication from the Assist- EC–7273. A communication from the Direc- of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- tor of the Regulatory Management Division, Internal Revenue Service, Department of the ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the law, a report relative to section 36(c) of the ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Credit for Increas- Arms Export Control Act (DDTC 16–085); to titled ‘‘Air Plan Approval; KY; Removal of ing Research Activities’’ ((RIN1545–BC70) the Committee on Foreign Relations. Stage II Gasoline Vapor Recovery Program’’ (TD 9786)) received during adjournment of EC–7295. A communication from the Assist- (FRL No. 9954–08–Region 4) received during the Senate in the Office of the President of ant Secretary, Legislative Affairs, Depart- adjournment of the Senate in the Office of the Senate on October 5, 2016; to the Com- ment of State, transmitting, pursuant to the President of the Senate on October 13, mittee on Finance. law, a report relative to section 36(c) of the 2016; to the Committee on Environment and EC–7283. A communication from the Chief Arms Export Control Act (DDTC 16–070); to Public Works. of the Publications and Regulations Branch, the Committee on Foreign Relations. EC–7274. A communication from the Chief Internal Revenue Service, Department of the EC–7296. A communication from the Assist- of the Publications and Regulations Branch, Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- Internal Revenue Service, Department of the report of a rule entitled ‘‘Use of Contingency ment of State, transmitting, pursuant to Treasury, transmitting, pursuant to law, the to Satisfy CRAT Exhaustion Test’’ (Rev. law, a report relative to section 3(d) of the report of a rule entitled ‘‘2016 National Pool’’ Proc. 2016–49) received during adjournment of Arms Export Control Act (DDTC 16–052); to (Rev. Proc. 2016–52) received during adjourn- the Senate in the Office of the President of the Committee on Foreign Relations. ment of the Senate in the Office of the Presi- the Senate on October 5, 2016; to the Com- EC–7297. A communication from the Assist- dent of the Senate on October 20, 2016; to the mittee on Finance. ant Secretary, Legislative Affairs, Depart- Committee on Finance. EC–7284. A communication from the Chief ment of State, transmitting, pursuant to EC–7275. A communication from the Chief of the Publications and Regulations Branch, law, a report relative to section 36(c) and of the Publications and Regulations Branch, Internal Revenue Service, Department of the 36(d) of the Arms Export Control Act (DDTC Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the 15–138); to the Committee on Foreign Rela- Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Fringe Benefits tions. report of a rule entitled ‘‘Addition to No Aircraft Valuation Formula’’ (Rev. Rul. 2016– EC–7298. A communication from the Assist- Rule List for Section 851’’ (Rev. Proc. 2016– 24) received during adjournment of the Sen- ant Secretary, Legislative Affairs, Depart- 50) received during adjournment of the Sen- ate in the Office of the President of the Sen- ment of State, transmitting, pursuant to ate in the Office of the President of the Sen- ate on October 5, 2016; to the Committee on law, a report relative to section 36(d) of the ate on October 20, 2016; to the Committee on Finance. Arms Export Control Act (DDTC 16–058); to EC–7285. A communication from the Chair- Finance. the Committee on Foreign Relations. EC–7276. A communication from the Chief man of the United States International EC–7299. A communication from the Assist- of the Publications and Regulations Branch, Trade Commission, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- Internal Revenue Service, Department of the to law, a report entitled ‘‘Andean Trade ment of State, transmitting, pursuant to Treasury, transmitting, pursuant to law, the Preference Act (APTA): Impact on U.S. In- law, the report of a rule entitled ‘‘Amend- report of a rule entitled ‘‘Election to take dustries and Consumers and on Drug Crop ment to the International Traffic in Arms disaster loss deduction for preceding year.’’ Eradication and Crop Substitution, 2015’’; to Regulations: Revision of U.S. Munitions List ((RIN1545–BM03) (TD 9789)) received during the Committee on Finance. Category XII’’ (RIN1400–AD32) received dur- adjournment of the Senate in the Office of EC–7286. A communication from the Senior ing adjournment of the Senate in the Office the President of the Senate on October 20, Counsel for Regulatory Affairs, Depart- of the President of the Senate on October 3, 2016; to the Committee on Finance. mental Offices, Department of the Treasury, EC–7277. A communication from the Chief transmitting, pursuant to law, the report of 2016; to the Committee on Foreign Relations. of the Publications and Regulations Branch, a rule entitled ‘‘Gulf Coast Restoration EC–7300. A communication from the Assist- Internal Revenue Service, Department of the Trust Fund’’ (RIN1505–AC52) received in the ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the Office of the President of the Senate on Sep- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Applicable Federal tember 28, 2016; to the Committee on Fi- law, a report entitled ‘‘U.S. Assistance for Rates—November 2016’’ (Rev. Rul. 2016–26) re- nance. Palestinian Security Forces and Benchmarks ceived during adjournment of the Senate in EC–7287. A communication from the Assist- for Palestinian Security Assistance Funds’’; the Office of the President of the Senate on ant Secretary, Legislative Affairs, Depart- to the Committee on Foreign Relations. October 20, 2016; to the Committee on Fi- ment of State, transmitting, pursuant to EC–7301. A communication from the Assist- nance. law, a report relative to section 36(c) of the ant Legal Adviser for Treaty Affairs, Depart- EC–7278. A communication from the Chief Arms Export Control Act (DDTC 16–078); to ment of State, transmitting, pursuant to the of the Publications and Regulations Branch, the Committee on Foreign Relations. Case-Zablocki Act, 1 U.S.C. 112b, as amended, Internal Revenue Service, Department of the EC–7288. A communication from the Assist- the report of the texts and background state- Treasury, transmitting, pursuant to law, the ant Secretary, Legislative Affairs, Depart- ments of international agreements, other report of a rule entitled ‘‘Procedures under ment of State, transmitting, pursuant to than treaties (List 2016–0135 - 2016–0141); to Section 165(i)’’ (Rev. Proc. 2016–53) received law, a report relative to section 36(c) of the the Committee on Foreign Relations. during adjournment of the Senate in the Of- Arms Export Control Act (DDTC 16–075); to EC–7302. A communication from the Sec- fice of the President of the Senate on Octo- the Committee on Foreign Relations. retary of Education, transmitting, pursuant ber 20, 2016; to the Committee on Finance. EC–7289. A communication from the Assist- to law, the report of a rule entitled ‘‘Student EC–7279. A communication from the Chief ant Secretary, Legislative Affairs, Depart- Assistance General Provisions, Federal Per- of the Publications and Regulations Branch, ment of State, transmitting, pursuant to kins Loan Program, Federal Family Edu- Internal Revenue Service, Department of the law, a report relative to section 36(c) of the cation Loan Program, William D. Ford Fed- Treasury, transmitting, pursuant to law, the Arms Export Control Act (DDTC 16–046); to eral Direct Loan Program, and Teacher Edu- report of a rule entitled ‘‘Section 707 Regard- the Committee on Foreign Relations. cation Assistance for College And Higher ing Disguised Sales, Generally’’ ((RIN1545– EC–7290. A communication from the Assist- Education Grant Program’’ (RIN1840–AD19) BK29) (TD 9787)) received during adjourn- ant Secretary, Legislative Affairs, Depart- received in the Office of the President pro ment of the Senate in the Office of the Presi- ment of State, transmitting, pursuant to tempore of the Senate; to the Committee on dent of the Senate on October 5, 2016; to the law, a report relative to section 36(c) of the Health, Education, Labor, and Pensions. Committee on Finance. Arms Export Control Act (DDTC 16–057); to EC–7303. A communication from the Sec- EC–7280. A communication from the Chief the Committee on Foreign Relations. retary of Education, transmitting, pursuant of the Publications and Regulations Branch, EC–7291. A communication from the Assist- to law, the report of a rule entitled ‘‘Teacher Internal Revenue Service, Department of the ant Secretary, Legislative Affairs, Depart- Preparation Issues’’ (RIN1840–AD07) received Treasury, transmitting, pursuant to law, the ment of State, transmitting, pursuant to in the Office of the President pro tempore of report of a rule entitled ‘‘Special Per Diem law, a report relative to section 36(c) of the the Senate; to the Committee on Health, Rates 2016–2017’’ (Notice 2016–58) received Arms Export Control Act (DDTC 16–066); to Education, Labor, and Pensions. during adjournment of the Senate in the Of- the Committee on Foreign Relations. EC–7304. A communication from the Assist- fice of the President of the Senate on Octo- EC–7292. A communication from the Assist- ant Secretary for Legislation, Department of ber 5, 2016; to the Committee on Finance. ant Secretary, Legislative Affairs, Depart- Health and Human Services, transmitting,

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.046 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6349 pursuant to law, a report entitled ‘‘Annual vices; Technical Amendment’’ (Docket No. anty Corporation, transmitting, pursuant to Report to Congress on the Prevention and FDA–2016–N–2518) received during adjourn- law, the Inspector General’s Semiannual Re- Reduction of Underage Drinking’’; to the ment of the Senate in the Office of the Presi- port to Congress for the period from October Committee on Health, Education, Labor, and dent of the Senate on October 14, 2016; to the 1, 2015, through March 31, 2016; to the Com- Pensions. Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- EC–7305. A communication from the Execu- Pensions. mental Affairs. tive Director of the National Advisory Com- EC–7313. A communication from the Regu- EC–7324. A communication from the Office mittee on Institutional Quality and Integ- lations Coordinator, Health Resources and Program Manager, Office of Regulation Pol- rity, Office of Postsecondary Education, De- Services Administration, Department of icy and Management, Department of Vet- partment of Education, transmitting, pursu- Health and Human Services, transmitting, erans Affairs, transmitting, pursuant to law, ant to law, the fiscal year 2016 annual report pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Repayment by of the National Advisory Committee on In- ‘‘ONC Health IT Certification Program: En- VA of Educational Loans for Certain Psychi- stitutional Quality and Integrity; to the hanced Oversight and Accountability’’ atrists’’ (RIN2900–AP57) received during ad- Committee on Health, Education, Labor, and (RIN0955–AA00) received during adjournment journment of the Senate in the Office of the Pensions. of the Senate in the Office of the President President of the Senate on October 3, 2016; to EC–7306. A communication from the Sec- of the Senate on October 14, 2016; to the Com- the Committee on Veterans’ Affairs. retary of Labor, transmitting, pursuant to mittee on Health, Education, Labor, and EC–7325. A communication from the Office law, a report entitled ‘‘The Department of Pensions. Program Manager, Office of Regulation Pol- EC–7314. A communication from the Chair- Labor’s 2015 Findings on the Worst Forms of icy and Management, Department of Vet- man of the Council of the District of Colum- Child Labor’’; to the Committee on Health, erans Affairs, transmitting, pursuant to law, bia, transmitting, pursuant to law, a report Education, Labor, and Pensions. the report of a rule entitled ‘‘Extension of on D.C. Act 21–490, ‘‘Motor Vehicle Collision EC–7307. A communication from the Sec- the Presumptive Period for Compensation Recovery Act of 2016’’; to the Committee on retary of Labor, transmitting, pursuant to for Gulf War Veterans’’ (RIN2900–AP84) re- Homeland Security and Governmental Af- law, a report entitled ‘‘List of Goods Pro- ceived during adjournment of the Senate in fairs. duced by Child Labor or Forced Labor’’; to the Office of the President of the Senate on the Committee on Health, Education, Labor, EC–7315. A communication from the Chair- man of the Council of the District of Colum- October 21, 2016; to the Committee on Vet- and Pensions. erans’ Affairs. EC–7308. A communication from the Assist- bia, transmitting, pursuant to law, a report EC–7326. A communication from the Attor- ant General Counsel for Regulatory Affairs, on D.C. Act 21–491, ‘‘Safe at Home Act of ney-Advisor, Office of the Secretary, Depart- Pension Benefit Guaranty Corporation, 2016’’; to the Committee on Homeland Secu- ment of Transportation, transmitting, pur- transmitting, pursuant to law, the report of rity and Governmental Affairs. suant to law, the report relative to a va- a rule entitled ‘‘Payment of Premiums; Late EC–7316. A communication from the Chair- cancy for the position of Assistant Secretary Payment Penalty Relief’’ (RIN1212–AB32) re- man of the Council of the District of Colum- for Transportation Policy, Department of ceived during adjournment of the Senate in bia, transmitting, pursuant to law, a report Transportation, received in the office of the the Office of the President of the Senate on on D.C. Act 21–492, ‘‘Rent Control Hardship President of the Senate on September 28, October 13, 2016; to the Committee on Petition Limitation Temporary Amendment 2016; to the Committee on Commerce, Health, Education, Labor, and Pensions. Act of 2016’’; to the Committee on Homeland EC–7309. A communication from the Direc- Security and Governmental Affairs. Science, and Transportation. tor of Regulations and Policy Management EC–7317. A communication from the Chair- EC–7327. A communication from the Acting Staff, Food and Drug Administration, De- man of the Council of the District of Colum- Director, Office of Sustainable Fisheries, De- bia, transmitting, pursuant to law, a report partment of Health and Human Services, partment of Commerce, transmitting, pursu- on D.C. Act 21–493, ‘‘Wage Theft Prevention transmitting, pursuant to law, the report of ant to law, the report of a rule entitled Correction and Clarification Temporary a rule entitled ‘‘Food Additives Permitted in ‘‘Western and Central Pacific Fisheries for Amendment Act of 2016’’; to the Committee Feed and Drinking Water of Animals; Feed Highly Migratory Species; 2016 Bigeye Tuna on Homeland Security and Governmental Af- Grade Sodium Formate’’ (Docket No. FDA– Longline Fishery Closure’’ (RIN0648–XE719) fairs. received during adjournment of the Senate 2014–F–0988) received during adjournment of EC–7318. A communication from the Chair- the Senate in the Office of the President of in the Office of the President of the Senate man of the Council of the District of Colum- on October 13, 2016; to the Committee on the Senate on October 3, 2016; to the Com- bia, transmitting, pursuant to law, a report mittee on Health, Education, Labor, and Commerce, Science, and Transportation. on D.C. Act 21–494, ‘‘Interior Design Chari- EC–7328. A communication from the Acting Pensions. table Event Regulation Temporary Amend- EC–7310. A communication from the Direc- Director, Office of Sustainable Fisheries, De- ment Act of 2016’’; to the Committee on partment of Commerce, transmitting, pursu- tor of Regulations and Policy Management Homeland Security and Governmental Af- Staff, Food and Drug Administration, De- ant to law, the report of a rule entitled fairs. ‘‘Fisheries of the Exclusive Economic Zone partment of Health and Human Services, EC–7319. A communication from the Chair- Off Alaska; Reapportionment of the 2016 Gulf transmitting, pursuant to law, the report of man of the Consumer Product Safety Com- of Alaska Pacific Halibut Prohibited Species a rule entitled ‘‘Current Good Manufacturing mission, transmitting, pursuant to law, the Catch Limits for the Trawl Deep-Water and Practice, Hazard Analysis, and Risk-Based Semiannual Report of the Inspector General Shallow-Water Fishery Categories’’ Preventive Controls for Human Food and for the period from October 1, 2015 through (RIN0648–XE728) received during adjourn- Current Good Manufacturing Practice, Haz- March 31, 2016; to the Committee on Home- ment of the Senate in the Office of the Presi- ard Analysis, and Risk-Based Preventive land Security and Governmental Affairs. Controls for Food for Animals; Definition of EC–7320. A communication from the Direc- dent of the Senate on October 13, 2016; to the Qualified Auditor; Announcement of Effec- tor of Regulation, Legislation, and Interpre- Committee on Commerce, Science, and tive Date’’ (Docket Nos. FDA–2011–N–0920 tation, Wage and Hour Division, Department Transportation. and FDA–2011–N–0922) received during ad- of Labor, transmitting, pursuant to law, the EC–7329. A communication from the Dep- journment of the Senate in the Office of the report of a rule entitled ‘‘Establishing Paid uty Assistant Administrator for Regulatory President of the Senate on October 3, 2016; to Sick Leave for Federal Contractors’’ Programs, Office of Sustainable Fisheries, the Committee on Health, Education, Labor, (RIN1235–AA13) received during adjournment Department of Commerce, transmitting, pur- and Pensions. of the Senate in the Office of the President suant to law, the report of a rule entitled EC–7311. A communication from the Direc- of the Senate on October 4, 2016; to the Com- ‘‘Magnuson-Stevens Act Provisions; Fish- tor of Regulations and Policy Management mittee on Homeland Security and Govern- eries Off West Coast States; Tribal Usual and Staff, Food and Drug Administration, De- mental Affairs. Accustomed Fishing Areas’’ (RIN0648–BF58) partment of Health and Human Services, EC–7321. A communication from the Dis- received during adjournment of the Senate transmitting, pursuant to law, the report of trict of Columbia Auditor, transmitting, pur- in the Office of the President of the Senate a rule entitled ‘‘Additions and Modifications suant to law, a report entitled, ‘‘Contracting on October 20, 2016; to the Committee on to the List of Drug Products That Have Been Out School Food Services Failed to Control Commerce, Science, and Transportation. Withdrawn or Removed From the Market for Costs as Promised’’; to the Committee on EC–7330. A communication from the Dep- Reasons of Safety or Effectiveness’’ Homeland Security and Governmental Af- uty Assistant Administrator for Regulatory ((RIN0910–AH08) (Docket No. FDA–1999–N– fairs. Programs, Office of Sustainable Fisheries, 0194)) received during adjournment of the EC–7322. A communication from the Ad- Department of Commerce, transmitting, pur- Senate in the Office of the President of the ministrator of the U.S. Agency for Inter- suant to law, the report of a rule entitled Senate on October 14, 2016; to the Committee national Development, transmitting, pursu- ‘‘International Fisheries; Western and Cen- on Health, Education, Labor, and Pensions. ant to law, the Semiannual Report of the In- tral Pacific Fisheries for Highly Migratory EC–7312. A communication from the Direc- spector General for the period from October Species; Fishing Effort Limits in Purse tor of Regulations and Policy Management 1, 2015 through March 31, 2016; to the Com- Seine Fisheries for 2016’’ (RIN0648–BF93) re- Staff, Food and Drug Administration, De- mittee on Homeland Security and Govern- ceived during adjournment of the Senate in partment of Health and Human Services, mental Affairs. the Office of the President of the Senate on transmitting, pursuant to law, the report of EC–7323. A communication from the In- October 6, 2016; to the Committee on Com- a rule entitled ‘‘Medical Devices; Custom De- spector General of the Pension Benefit Guar- merce, Science, and Transportation.

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.048 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6350 CONGRESSIONAL RECORD — SENATE November 15, 2016 EC–7331. A communication from the Assist- ((RIN1625–AA08) (Docket No. USCG–2015– Celebration; Chequamegon Bay, Ashland, ant Administrator for Procurement, Na- 0854)) received during adjournment of the WI’’ ((RIN1625–AA00) (Docket No. USCG–2016– tional Aeronautics and Space Administra- Senate in the Office of the President of the 0918)) received during adjournment of the tion, transmitting, pursuant to law, the re- Senate on October 5, 2016; to the Committee Senate in the Office of the President of the port of a rule entitled ‘‘NASA Federal Acqui- on Commerce, Science, and Transportation. Senate on October 5, 2016; to the Committee sition Regulation Supplement: Revised EC–7339. A communication from the Attor- on Commerce, Science, and Transportation. Voucher Submission & Payment Process’’ ney-Advisor, U.S. Coast Guard, Department EC–7347. A communication from the Attor- (RIN2700–AE34) received during adjournment of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department of the Senate in the Office of the President ant to law, the report of a rule entitled ‘‘Se- of Homeland Security, transmitting, pursu- of the Senate on October 6, 2016; to the Com- curity Zone; 22nd International Seapower ant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Symposium Special Events, Rosecliff Man- ‘‘Safety Zone; Main Branch of the Chicago tation. sion and Newport Marriott Hotel, Newport, River, Chicago, IL’’ ((RIN1625–AA00) (Docket EC–7332. A communication from the Dep- RI’’ ((RIN1625–AA87) (Docket No. USCG–2016– No. USCG–2016–0883)) received during ad- uty Bureau Chief, Wireline Competition Bu- 0813)) received during adjournment of the journment of the Senate in the Office of the reau, Federal Communications Commission, Senate in the Office of the President of the President of the Senate on October 5, 2016; to transmitting, pursuant to law, the report of Senate on October 5, 2016; to the Committee the Committee on Commerce, Science, and a rule entitled ‘‘Connect America Fund; Uni- on Commerce, Science, and Transportation. Transportation. versal Service Reform—Mobility Fund; Con- EC–7340. A communication from the Attor- EC–7348. A communication from the Attor- nect America Fund—Alaska Plan’’ ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department ((RIN3060–AF85) (FCC 16–115)) received during of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- adjournment of the Senate in the Office of ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled the President of the Senate on October 7, curity Zone; 22nd International Seapower ‘‘Safety Zone; Temporary Change to Date 2016; to the Committee on Commerce, Symposium, Goat Island, Newport, RI’’ and Location for Recurring Pittsburgh Steel- Science, and Transportation. ((RIN1625–AA87) (Docket No. USCG–2016– ers Fireworks Display within the Eighth EC–7333. A communication from the Chief 0790)) received during adjournment of the Coast Guard District, Pittsburgh, PA’’ of the Branch of Recovery and State Grants, Senate in the Office of the President of the ((RIN1625–AA00) (Docket No. USCG–2016– Fish and Wildlife Service, Department of the Senate on October 5, 2016; to the Committee 0895)) received during adjournment of the Interior, transmitting, pursuant to law, the on Commerce, Science, and Transportation. Senate in the Office of the President of the report of a rule entitled ‘‘Marine Mammals; EC–7341. A communication from the Attor- Senate on October 5, 2016; to the Committee Incidental Take During Specified Activities’’ ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. (RIN1018–BA99) received during adjournment of Homeland Security, transmitting, pursu- EC–7349. A communication from the Attor- of the Senate in the Office of the President ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department of the Senate on October 5, 2016; to the Com- ‘‘Drawbridge Operation Regulation; New of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- River, Fort Lauderdale, FL’’ ((RIN1625–AA09) ant to law, the report of a rule entitled tation. (Docket No. USCG–2015–0271)) received dur- ‘‘Safety Zone; Monte Foundation Fireworks EC–7334. A communication from the Sec- ing adjournment of the Senate in the Office Extravaganza, Capitola, CA’’ ((RIN1625– retary of the Commission, Bureau of Con- of the President of the Senate on October 5, AA00) (Docket No. USCG–2016–0825)) received sumer Protection, Federal Trade Commis- 2016; to the Committee on Commerce, during adjournment of the Senate in the Of- sion, transmitting, pursuant to law, the re- Science, and Transportation. fice of the President of the Senate on Octo- port of a rule entitled ‘‘Disclosure of Written EC–7342. A communication from the Attor- ber 5, 2016; to the Committee on Commerce, Consumer Product Warranty Terms and Con- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ditions; Pre-Sale Availability of Written of Homeland Security, transmitting, pursu- EC–7350. A communication from the Attor- Warranty Terms’’ (RIN3084–AB24 and ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department RIN3084–AB25) received during adjournment ‘‘Drawbridge Operation Regulation; of Homeland Security, transmitting, pursu- of the Senate in the Office of the President Keweenaw Waterway, Houghton and Han- ant to law, the report of a rule entitled of the Senate on October 19, 2016; to the Com- cock, MI’’ ((RIN1625–AA09) (Docket No. ‘‘Safety Zone; Arkansas River, Little Rock, mittee on Commerce, Science, and Transpor- USCG–2016–0582)) received during adjourn- AR’’ ((RIN1625–AA00) (Docket No. USCG– tation. ment of the Senate in the Office of the Presi- 2016–0885)) received during adjournment of EC–7335. A communication from the Attor- dent of the Senate on October 5, 2016; to the the Senate in the Office of the President of ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and the Senate on October 5, 2016; to the Com- of Homeland Security, transmitting, pursu- Transportation. mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Spe- EC–7343. A communication from the Attor- tation. cial Local Regulations; Atchafalaya River, ney-Advisor, U.S. Coast Guard, Department EC–7351. A communication from the Attor- Morgan City, LA’’ ((RIN1625–AA08) (Docket of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department No. USCG–2016–0757)) received during ad- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- journment of the Senate in the Office of the ‘‘Safety Zone; Diving Operations, Delaware ant to law, the report of a rule entitled President of the Senate on October 5, 2016; to River, Philadelphia, PA’’ ((RIN1625–AA00) ‘‘Safety Zone; South Branch of the Chicago the Committee on Commerce, Science, and (Docket No. USCG–2016–0899)) received dur- River and Chicago Sanitary and Ship Canal, Transportation. ing adjournment of the Senate in the Office Chicago, IL’’ ((RIN1625–AA00) (Docket No. EC–7336. A communication from the Attor- of the President of the Senate on October 5, USCG–2016–08451)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department 2016; to the Committee on Commerce, ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- Science, and Transportation. dent of the Senate on October 5, 2016; to the ant to law, the report of a rule entitled ‘‘Spe- EC–7344. A communication from the Attor- Committee on Commerce, Science, and cial Local Regulations; Ohio River, Madison, ney-Advisor, U.S. Coast Guard, Department Transportation. IN’’ ((RIN1625–AA08) (Docket No. USCG–2016– of Homeland Security, transmitting, pursu- EC–7352. A communication from the Attor- 0717)) received during adjournment of the ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the ‘‘Safety Zone; Allegheny River, Ohio River, of Homeland Security, transmitting, pursu- Senate on October 5, 2016; to the Committee Monongahela River, Pittsburgh, PA’’ ant to law, the report of a rule entitled on Commerce, Science, and Transportation. ((RIN1625–AA00) (Docket No. USCG–2016– ‘‘Safety Zone; Columbia River, Sand Island, EC–7337. A communication from the Attor- 0912)) received during adjournment of the WA’’ ((RIN1625–AA00) (Docket No. USCG– ney-Advisor, U.S. Coast Guard, Department Senate in the Office of the President of the 2016–0818)) received during adjournment of of Homeland Security, transmitting, pursu- Senate on October 5, 2016; to the Committee the Senate in the Office of the President of ant to law, the report of a rule entitled ‘‘Spe- on Commerce, Science, and Transportation. the Senate on October 5, 2016; to the Com- cial Local Regulations; International Jet EC–7345. A communication from the Attor- mittee on Commerce, Science, and Transpor- Sports Boating Association; Lake Havasu ney-Advisor, U.S. Coast Guard, Department tation. City, AZ’’ ((RIN1625–AA08) (Docket No. of Homeland Security, transmitting, pursu- EC–7353. A communication from the Attor- USCG–2016–0733)) received during adjourn- ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- ‘‘Safety Zone; Dredging, Shark River, NJ’’ of Homeland Security, transmitting, pursu- dent of the Senate on October 5, 2016; to the ((RIN1625–AA00) (Docket No. USCG–2016– ant to law, the report of a rule entitled Committee on Commerce, Science, and 0824)) received during adjournment of the ‘‘Safety Zone; Navy UNDET, Apra Outer Transportation. Senate in the Office of the President of the Harbor, GU’’ ((RIN1625–AA00) (Docket No. EC–7338. A communication from the Attor- Senate on October 5, 2016; to the Committee USCG–2016–0791)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department on Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- EC–7346. A communication from the Attor- dent of the Senate on October 5, 2016; to the ant to law, the report of a rule entitled ‘‘Spe- ney-Advisor, U.S. Coast Guard, Department Committee on Commerce, Science, and cial Local Regulations and Safety Zones; Re- of Homeland Security, transmitting, pursu- Transportation. curring Marine Events and Fireworks Dis- ant to law, the report of a rule entitled EC–7354. A communication from the Attor- plays within the Fifth Coast Guard District’’ ‘‘Safety Zone; 100th Ore Dock Anniversary ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.050 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6351 of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Amend- Aviation Administration, Department of ant to law, the report of a rule entitled ment of Class E; Tekamah, NE’’ ((RIN2120– Transportation, transmitting, pursuant to ‘‘Safety Zone; M/V Zhen Hua, Blount Island AA66) (Docket No. FAA–2016–6989)) received law, the report of a rule entitled ‘‘Airworthi- Marine Terminal Crane Movement; St. Johns during adjournment of the Senate in the Of- ness Directives; Dassault Aviation Air- River, Jacksonville, FL’’ ((RIN1625–AA00) fice of the President of the Senate on Octo- planes’’ ((RIN2120–AA64) (Docket No. FAA– (Docket No. USCG–2016–0828)) received dur- ber 13, 2016; to the Committee on Commerce, 2015–3629)) received during adjournment of ing adjournment of the Senate in the Office Science, and Transportation. the Senate in the Office of the President of of the President of the Senate on October 5, EC–7362. A communication from the Man- the Senate on October 21, 2016; to the Com- 2016; to the Committee on Commerce, agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Science, and Transportation. Aviation Administration, Department of tation. EC–7355. A communication from the Attor- Transportation, transmitting, pursuant to EC–7370. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ment of Class E; Indiana, PA’’ ((RIN2120– Aviation Administration, Department of ant to law, the report of a rule entitled AA66) (Docket No. FAA–2016–6138)) received Transportation, transmitting, pursuant to ‘‘Safety Zone; The Perry Group Fireworks during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Part 95 In- Display, Put-in-Bay, OH’’ ((RIN1625–AA00) fice of the President of the Senate on Octo- strument Flight Rules; Miscellaneous (Docket No. USCG–2016–0822)) received dur- ber 13, 2016; to the Committee on Commerce, Amendments; Amendment No. 529’’ (RIN2120– ing adjournment of the Senate in the Office Science, and Transportation. AA63) received during adjournment of the of the President of the Senate on October 5, EC–7363. A communication from the Man- Senate in the Office of the President of the 2016; to the Committee on Commerce, agement and Program Analyst, Federal Senate on October 21, 2016; to the Committee Science, and Transportation. Aviation Administration, Department of on Commerce, Science, and Transportation. EC–7356. A communication from the Attor- Transportation, transmitting, pursuant to EC–7371. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ment of Class E; Glasgow, KY’’ ((RIN2120– Aviation Administration, Department of ant to law, the report of a rule entitled ‘‘Spe- AA66) (Docket No. FAA–2016–6134)) received Transportation, transmitting, pursuant to cial Local Regulation; Ohio River, during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- Owensboro, KY’’ ((RIN1625–AA00) (Docket fice of the President of the Senate on Octo- ness Directives; Continental Motors, Inc. Re- No. USCG–2016–0864)) received during ad- ber 13, 2016; to the Committee on Commerce, ciprocating Engines’’ ((RIN2120–AA64) (Dock- journment of the Senate in the Office of the Science, and Transportation. et No. FAA–2016–0069)) received during ad- President of the Senate on October 25, 2016; EC–7364. A communication from the Man- journment of the Senate in the Office of the to the Committee on Commerce, Science, agement and Program Analyst, Federal President of the Senate on October 21, 2016; and Transportation. Aviation Administration, Department of to the Committee on Commerce, Science, EC–7357. A communication from the Man- Transportation, transmitting, pursuant to and Transportation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- EC–7372. A communication from the Man- Aviation Administration, Department of ment of Class D and Class E Airspace; Ha- agement and Program Analyst, Federal Transportation, transmitting, pursuant to gerstown, MD’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of law, the report of a rule entitled ‘‘Standard FAA–2015–4513)) received during adjournment Transportation, transmitting, pursuant to Instrument Approach Procedures, and Take- of the Senate in the Office of the President law, the report of a rule entitled ‘‘Cancella- off Minimums and Obstacle Departure Proce- of the Senate on October 13, 2016; to the Com- tion of Standard Instrument Approach Pro- dures; Miscellaneous Amendments (44); mittee on Commerce, Science, and Transpor- cedures as Part of the National Procedures Amdt. No. 3712’’ (RIN2120–AA65) received dur- tation. Assessment (NPA) Initiative’’ (RIN2120– EC–7365. A communication from the Man- ing adjournment of the Senate in the Office AA65) received during adjournment of the agement and Program Analyst, Federal of the President of the Senate on October 13, Senate in the Office of the President of the Aviation Administration, Department of 2016; to the Committee on Commerce, Senate on October 21, 2016; to the Committee Transportation, transmitting, pursuant to Science, and Transportation. law, the report of a rule entitled ‘‘Amend- on Commerce, Science, and Transportation. EC–7358. A communication from the Man- EC–7373. A communication from the Man- ment of Class D and Class E Airspace, Fal- agement and Program Analyst, Federal agement and Program Analyst, Federal mouth, MA’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of Aviation Administration, Department of FAA–2016–5444)) received during adjournment Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to of the Senate in the Office of the President law, the report of a rule entitled ‘‘Standard law, the report of a rule entitled ‘‘Airworthi- of the Senate on October 13, 2016; to the Com- Instrument Approach Procedures, and Take- ness Directives; Bombardier, Inc. Airplanes’’ mittee on Commerce, Science, and Transpor- off Minimums and Obstacle Departure Proce- ((RIN2120–AA64) (Docket No. FAA–2015–8471)) tation. dures; Miscellaneous Amendments (32); EC–7366. A communication from the Man- received during adjournment of the Senate Amdt. No. 3713’’ (RIN2120–AA65) received dur- agement and Program Analyst, Federal in the Office of the President of the Senate ing adjournment of the Senate in the Office Aviation Administration, Department of on October 21, 2016; to the Committee on of the President of the Senate on October 13, Transportation, transmitting, pursuant to Commerce, Science, and Transportation. 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Modifica- EC–7374. A communication from the Man- Science, and Transportation. tion of Colored Federal Airway B–1; Alaska’’ agement and Program Analyst, Federal EC–7359. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–4648)) Aviation Administration, Department of agement and Program Analyst, Federal received during adjournment of the Senate Transportation, transmitting, pursuant to Aviation Administration, Department of in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to on October 13, 2016; to the Committee on ness Directives; Bombardier, Inc. Airplanes’’ law, the report of a rule entitled ‘‘Standard Commerce, Science, and Transportation. ((RIN2120–AA64) (Docket No. FAA–2016–6148)) Instrument Approach Procedures, and Take- EC–7367. A communication from the Man- received during adjournment of the Senate off Minimums and Obstacle Departure Proce- agement and Program Analyst, Federal in the Office of the President of the Senate dures; Miscellaneous Amendments (25); Aviation Administration, Department of on October 13, 2016; to the Committee on Amdt. No. 3714’’ (RIN2120–AA65) received dur- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. ing adjournment of the Senate in the Office law, the report of a rule entitled ‘‘Modifica- EC–7375. A communication from the Man- of the President of the Senate on October 13, tion of Class E Airspace; Napa, CA’’ agement and Program Analyst, Federal 2016; to the Committee on Commerce, ((RIN2120–AA66) (Docket No. FAA–2016–5574)) Aviation Administration, Department of Science, and Transportation. received during adjournment of the Senate Transportation, transmitting, pursuant to EC–7360. A communication from the Man- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal on October 13, 2016; to the Committee on ness Directives; Saab AB, Saab Aeronautics Aviation Administration, Department of Commerce, Science, and Transportation. (Formerly Known as Saab AB, Saab Transportation, transmitting, pursuant to EC–7368. A communication from the Man- Aerosystems) Airplanes’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Standard agement and Program Analyst, Federal (Docket No. FAA–2016–9114)) received during Instrument Approach Procedures, and Take- Aviation Administration, Department of adjournment of the Senate in the Office of off Minimums and Obstacle Departure Proce- Transportation, transmitting, pursuant to the President of the Senate on October 13, dures; Miscellaneous Amendments (67); law, the report of a rule entitled ‘‘Airworthi- 2016; to the Committee on Commerce, Amdt. No. 3711’’ (RIN2120–AA65) received dur- ness Directives; Sikorsky Aircraft Corpora- Science, and Transportation. ing adjournment of the Senate in the Office tion Helicopters’’ ((RIN2120–AA64) (Docket EC–7376. A communication from the Man- of the President of the Senate on October 13, No. FAA–2016–6640)) received during adjourn- agement and Program Analyst, Federal 2016; to the Committee on Commerce, ment of the Senate in the Office of the Presi- Aviation Administration, Department of Science, and Transportation. dent of the Senate on October 21, 2016; to the Transportation, transmitting, pursuant to EC–7361. A communication from the Man- Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Transportation. ness Directives; Honeywell International Inc. Aviation Administration, Department of EC–7369. A communication from the Man- Turboprop and Turboshaft Engines’’ Transportation, transmitting, pursuant to agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2015–4866))

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.052 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6352 CONGRESSIONAL RECORD — SENATE November 15, 2016 received during adjournment of the Senate Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- tation. on October 13, 2016; to the Committee on ness Directives; Airbus Airplanes’’ ((RIN2120– EC–7392. A communication from the Man- Commerce, Science, and Transportation. AA64) (Docket No. FAA–2015–8132)) received agement and Program Analyst, Federal EC–7377. A communication from the Man- during adjournment of the Senate in the Of- Aviation Administration, Department of agement and Program Analyst, Federal fice of the President of the Senate on Octo- Transportation, transmitting, pursuant to Aviation Administration, Department of ber 21, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Science, and Transportation. ness Directives; The Boeing Company Air- law, the report of a rule entitled ‘‘Airworthi- EC–7385. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Bell Helicopter Textron Can- agement and Program Analyst, Federal 2016–3992)) received during adjournment of ada Helicopters’’ ((RIN2120–AA64) (Docket Aviation Administration, Department of the Senate in the Office of the President of No. FAA–2016–6551)) received during adjourn- Transportation, transmitting, pursuant to the Senate on October 13, 2016; to the Com- ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- dent of the Senate on October 21, 2016; to the ness Directives; Airbus Airplanes’’ ((RIN2120– tation. Committee on Commerce, Science, and AA64) (Docket No. FAA–2016–5039)) received f Transportation. during adjournment of the Senate in the Of- EC–7378. A communication from the Man- fice of the President of the Senate on Octo- PETITIONS AND MEMORIALS agement and Program Analyst, Federal ber 13, 2016; to the Committee on Commerce, The following petitions and memo- Aviation Administration, Department of Science, and Transportation. rials were laid before the Senate and Transportation, transmitting, pursuant to EC–7386. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal were referred or ordered to lie on the ness Directives; Airbus Helicopters’’ Aviation Administration, Department of table as indicated: ((RIN2120–AA64) (Docket No. FAA–2016–9168)) Transportation, transmitting, pursuant to POM–208. A resolution adopted by the Sen- received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- ate of the State of Texas expressing support in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– for the study and regulation of modern agri- on October 13, 2016; to the Committee on AA64) (Docket No. FAA–2013–0828)) received cultural technologies and expressing opposi- Commerce, Science, and Transportation. during adjournment of the Senate in the Of- tion to regulatory action that results in un- EC–7379. A communication from the Man- fice of the President of the Senate on Octo- necessary restrictions on the use of modern agement and Program Analyst, Federal ber 13, 2016; to the Committee on Commerce, agricultural technologies; to the Committee Aviation Administration, Department of Science, and Transportation. on Agriculture, Nutrition, and Forestry. Transportation, transmitting, pursuant to EC–7387. A communication from the Man- SENATE RESOLUTION NO. 642 law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal Whereas, A sustainable agricultural sys- ness Directives; General Electric Company Aviation Administration, Department of tem is crucial to the continued production of Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to food, feed, and fiber to meet both domestic No. FAA–2016–5872)) received during adjourn- law, the report of a rule entitled ‘‘Airworthi- and global demand; and ment of the Senate in the Office of the Presi- ness Directives; Gulfstream Aerospace Cor- Whereas, In the United States, the agri- dent of the Senate on October 21, 2016; to the poration Airplanes’’ ((RIN2120–AA64) (Docket culture and production industries employ Committee on Commerce, Science, and No. FAA–2016–9116)) received during adjourn- precision farming equipment, protection Transportation. ment of the Senate in the Office of the Presi- chemistries, genetic engineering or enhance- EC–7380. A communication from the Man- dent of the Senate on October 13, 2016; to the ment, agricultural nutrients and other mod- agement and Program Analyst, Federal Committee on Commerce, Science, and ern technologies; such advanced practices Aviation Administration, Department of Transportation. protect the safety of the public an environ- Transportation, transmitting, pursuant to EC–7388. A communication from the Man- mental impact while expanding yields im- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal proving profitability, and ensuring an abun- ness Directives; General Electric Company Aviation Administration, Department of dant and afford supply; and Turbofan Engines’’ ((RIN2120–AA64) (Docket Transportation, transmitting, pursuant to Whereas, Agricultural pests present sig- No. FAA–2016–5307)) received during adjourn- law, the report of a rule entitled ‘‘Airworthi- nificant dangers to the industry and to glob- ment of the Senate in the Office of the Presi- ness Directives; The Boeing Company Air- al supplies of the products, they attack; ac- dent of the Senate on October 13, 2016; to the planes’’ ((RIN2120–AA64) (Docket No. FAA– cordingly, the environmental risks of for- Committee on Commerce, Science, and 2016–3703)) received during adjournment of going advances in agricultural technologies Transportation. the Senate in the Office of the President of that protect crops are severe; excessive regu- EC–7381. A communication from the Man- the Senate on October 21, 2016; to the Com- lation may scuttle or discourage the use of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- agricultural chemicals that could improve Aviation Administration, Department of tation. human welfare; Transportation, transmitting, pursuant to EC–7389. A communication from the Man- Whereas, Crop protection is among the law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal most studied and highly regulated of all in- ness Directives; REIMS AVIATION S.A. Air- Aviation Administration, Department of dustries, at both the state and federal levels; planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to the use of sound science should be the bed- 2016–8161)) received during adjournment of law, the report of a rule entitled ‘‘Airworthi- rock of our nation’s regulatory scheme for the Senate in the Office of the President of ness Directives; The Boeing Company Air- the agriculture and food production indus- the Senate on October 13, 2016; to the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– tries, as these industries are critical to the mittee on Commerce, Science, and Transpor- 2016–5042)) received during adjournment of economic vitality of Texas and the United tation. the Senate in the Office of the President of States; now, therefore, be it EC–7382. A communication from the Man- the Senate on October 21, 2016; to the Com- Resolved, That the Senate of the State of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Texas, 84th Legislature, hereby express sup- Aviation Administration, Department of tation. port for the use of sound science to study and Transportation, transmitting, pursuant to EC–7390. A communication from the Man- regulate such modern agricultural tech- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal nologies as crop protection chemistries, ge- ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of netically engineered or enhanced traits, and AA64) (Docket No. FAA–2015–8470)) received Transportation, transmitting, pursuant to nutrients; and, be it further during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- Resolved, That the senate express opposi- fice of the President of the Senate on Octo- ness Directives; The Boeing Company Air- tion to legislative or regulatory action at ber 21, 2016; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. FAA– any level that may result in unnecessary re- Science, and Transportation. 2015–0935)) received during adjournment of strictions on the use of modern agricultural EC–7383. A communication from the Man- the Senate in the Office of the President of technologies; and, be it further agement and Program Analyst, Federal the Senate on October 13, 2016; to the Com- Resolved, That the Senate of the State for- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- ward official copies of this resolution to the Transportation, transmitting, pursuant to tation. president of the United States, to the presi- law, the report of a rule entitled ‘‘Airworthi- EC–7391. A communication from the Man- dent of the Senate and the speaker of the ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal House of Representatives of the United AA64) (Docket No. FAA–2016–6418)) received Aviation Administration, Department of States Congress, and to all the members of during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to the Texas delegation to Congress with the fice of the President of the Senate on Octo- law, the report of a rule entitled ‘‘Airworthi- request that this resolution be entered in the ber 21, 2016; to the Committee on Commerce, ness Directives; The Boeing Company Air- Congressional Record as a memorial to the Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Congress of the United States of America. EC–7384. A communication from the Man- 2011–1068)) received during adjournment of agement and Program Analyst, Federal the Senate in the Office of the President of POM–209. A concurrent resolution adopted Aviation Administration, Department of the Senate on October 13, 2016; to the Com- by the Legislature of the State of Louisiana

VerDate Sep 11 2014 05:03 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.054 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6353 memorializing the United States Congress to Whereas, because Louisiana is losing more est trading partner of the United States take such actions as are necessary to rectify coastal wetlands than any other state in the while the United States is Taiwan’s largest the revenue sharing inequalities between country, in 2006 the people of Louisiana over- foreign investor; and coastal and interior energy producing states; whelmingly approved a constitutional Whereas, Taiwan has been a member of the to the Committee on Energy and Natural Re- amendment dedicating revenues received United States Visa Waiver Program since sources. from Outer Continental Shelf oil and gas ac- November 1, 2012, reflecting the cooperation HOUSE CONCURRENT RESOLUTION NO. 66 tivity to the Coastal Protection and Restora- between the United States and Taiwan and Whereas, since 1920, interior states have tion Fund for the purposes of coastal protec- making travel for business and tourism more been allowed to keep fifty percent of the oil, tion, including conservation, coastal restora- convenient; and gas, and coal production revenues generated tion, hurricane protection, and infrastruc- Whereas, Taiwan has made significant con- in their states from mineral production on ture directly impacted by coastal wetland tributions toward peace in the region federal lands within their borders, including losses; and through discussions regarding the use of re- royalties, severance taxes, and bonuses; and Whereas, the state of Louisiana has devel- sources in the surrounding seas; and Whereas, coastal states with onshore and oped a science-based ‘‘Comprehensive Master Whereas, Taiwan is a key transport hub in offshore oil and gas production face inequi- Plan for a Sustainable Coast’’ which identi- the Asia-Pacific region and has jurisdiction ties under the federal energy policies be- fies and prioritizes the most efficient and ef- over the 176,000 square nautical miles of the cause those coastal states have not been fective projects in order to meet the state’s Taipei Flight Information region and has at- party to this same level of revenue sharing critical coastal protection and restoration tended the International Civil Aviation Or- partnership with the federal government; needs; and ganization, ICAO, assembly as a special and Whereas, the Coastal Protection and Res- guest since 2013; and Whereas, coastal energy producing states toration Authority is making great progress Whereas, Taiwan is committed to ICAO have a limited partnership with the federal implementing the projects in the ‘‘Com- standards and seeks to expand its meaning- government that provides for them to retain prehensive Master Plan for a Sustainable ful participation in the ICAO including at- very little revenue generated from their off- Coast’’ with all available funding, projects tending technical and regional meetings and shore energy production, energy that is pro- that are essential to the protection of the in- related activities; and duced for use throughout the nation; and frastructure that is critical to the energy Whereas, Taiwan strives to be included in Whereas, in 2006 congress passed the Gulf needs of the United States; and the work of the United Nations Framework of Mexico Energy Security Act (GOMESA) Whereas, in order to properly compensate Convention on Climate Change and has ex- that will fully go into effect in 2017; an act the coastal states for the infrastructure de- pressed a keen interest in the global effort to that calls for a sharing of thirty-seven and mands that result from production of energy address climate change; Now therefore be it, five tenths percent of coastal production rev- and fuels that heat and cool the nation’s Resolved, That the Massachusetts General enues with four gulf states with a cap of five homes, offices, and businesses and fuel the Court hereby reaffirms the friendship be- hundred million dollars per year; and nation’s transportation needs, revenue shar- tween the Commonwealth and Taiwan; and Whereas, the Fixing America’s Inequities ing for coastal states needs to be at the same be it further with Revenues (FAIR) Act would have ad- rate as interior states that produce oil, gas, Resolved, That a copy of these resolutions dressed the inequity suffered by coastal oil and coal. Therefore, be it be transmitted forthwith by the clerk of the and gas producing states by accelerating the Resolved That the Legislature of Louisiana Senate to the President of the United States, implementation of GOMESA as well as by does hereby memorialize the United States to the Presiding Officer of each branch of gradually lifting all revenue sharing caps but Congress to take such actions as are nec- Congress and the members thereof from the the legislation died with the close of the pre- essary to treat mineral and gas production Commonwealth, to the Honorable Charles D. vious congress; and in the Gulf Coastal states in a manner that Baker, Governor of the Commonwealth, to Whereas, with the state and its offshore is at least equal to onshore oil, gas, and coal the Honorable Ma Ying-Jeou, President of waters taken alone, Louisiana is the ninth production in interior states for revenue pur- Taiwan and Scott Lai, Director-General of largest producer of oil in the United States poses; and to rectify the revenue sharing in- the Taipei Economic and Cultural Office in in 2014 while including offshore oil from fed- equities between coastal and interior energy the city of Boston. eral waters, it was the second largest oil pro- producing states in order to address the na- ducer in the country; and when taken alone tionally significant crisis of wetland loss in POM–211. A joint resolution adopted by the Louisiana was the fourth largest producer of the state of Louisiana. Be it further General Assembly of the State of Colorado gas in the United States in 2013 while includ- Resolved That a copy of this Resolution be concerning atrocities against Christians and ing the Gulf of Mexico waters, it was the sec- transmitted to the presiding officers of the other ethnic and religious minorities; to the ond largest producer in the United States; Senate and the House of Representatives of Committee on Foreign Relations. and the Congress of the United States of America HOUSE JOINT RESOLUTION 16–1913 Whereas, with nineteen operating refin- and to each member of the Louisiana con- Whereas, Those who commit or support eries in the state, Louisiana was second only gressional delegation. to Texas as of January 2014 in both total and atrocities against Christians and other eth- operating refinery capacity, accounting for nic and religious minorities, including POM–210. A resolution adopted by the Leg- Yezidis, Turkmen, Sabean-Mandeans, nearly one-fifth of the nation’s total refining islature of the Commonwealth of Massachu- capacity; and Kaka’e, Shi’a, and Kurds, and who target setts supporting the friendship between Mas- them specifically for ethnic or religious rea- Whereas, Louisiana’s contributions to the sachusetts and Taiwan in the international United States Strategic Petroleum Reserve sons, intend to exterminate or to force the community; to the Committee on Foreign migration or submission of anyone who does with two facilities located in the state con- Relations. sisting of twenty-nine caverns capable of not share their views concerning religion; RESOLUTIONS holding nearly three hundred million barrels and of crude oil; and Whereas, the United States and Taiwan Whereas, Christians and other ethnic and Whereas, with three onshore liquified nat- share an important relationship supported religious minorities have been an integral ural gas facilities, more than any other state by common values of freedom, democracy, part of the cultural fabric of the Middle East in the country, and the Louisiana Offshore rule of law and a free market economy; and for millennia; and Oil Port, the nation’s only deepwater oil Whereas, President Ma Ying-Jeou has Whereas, Christians and other ethnic and port, Louisiana plays an essential role in the worked to uphold democratic principles in religious minorities have been murdered; movement of natural gas from the United Taiwan, ensure the prosperity of Taiwan’s subjugated; forced to emigrate; and have suf- States Gulf Coast region to markets more than 23 million people, promote Tai- fered grievous bodily and psychological throughout the country; and wan’s international standing and improve re- harm, including sexual enslavement and Whereas, it is apparent that Louisiana lations between the United States and Tai- abuse, inflicted in a deliberate and cal- plays an essential role in supplying the na- wan; and culated manner in violation of the laws of tion with energy and it is vital to the secu- Whereas, the Commonwealth has enjoyed a their respective nations, the laws of war, rity of our nation’s energy supply, roles that close friendship with Taiwan, marked by laws and treaties forbidding crimes against should be recognized and compensated at an strong bilateral trade, educational and cul- humanity, and the United Nations Conven- appropriate revenue sharing level; and tural exchange, scientific and technological tion on the Prevention and Punishment of Whereas, the majority of the oil and gas development and tourism; and the Crime of Genocide, signed in Paris on De- production from the Gulf of Mexico enters Whereas, New England has exported more cember 9, 1948 (the Convention); and the United States through coastal Louisiana than $1 billion in goods to Taiwan of which Whereas, These atrocities are undertaken with all of the infrastructure necessary to the Commonwealth exported $825 million in with the specific intent to bring about the receive and transport such production, infra- commodities, mostly in machinery, com- eradication and displacement of their com- structure that has for many decades dam- puter and electronic products and chemicals; munities and the destruction of their cul- aged the coastal areas of Louisiana, an im- and tural heritage in violation of local laws, the pact that should be compensated through ap- Whereas, the United States has maintained laws of war, laws and treaties that punish propriate revenue sharing with the federal and developed its commercial ties with Tai- crimes against humanity, and the Conven- government; and wan since 1979 and Taiwan is the tenth larg- tion; and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.018 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6354 CONGRESSIONAL RECORD — SENATE November 15, 2016 Whereas, Local, national, and inter- ful names—‘‘crimes against humanity’’, lack of a clear, uniform, and sensible na- national laws and treaties, as well as the ‘‘war crimes’’, and ‘‘genocide’’; and tional reform; and Convention, condemn murder, massacre, (4) The United Nations and the United Na- Whereas, it is in the interest of all who re- forced migration, extrajudicial punishment, tions Secretary-General should assert lead- side in the Commonwealth to ensure that kidnapping, slavery, human trafficking, tor- ership by calling the atrocities being com- our existing laws are enforced and not under- ture, rape, and persecution of individuals mitted in these places by their rightful cut by neighboring states; Now therefore be based upon their religion, and these crimes names—‘‘war crimes’’, ‘‘crimes against hu- it shall be punished, whether they are com- manity’’, and ‘‘genocide’’; and Resolved, That the Massachusetts Senate mitted by constitutionally responsible rul- (5) The member states of the United Na- calls upon the leadership of the United ers, public officials, or private individuals; tions, with an urgent appeal to the Arab States House of Representatives and the and States that wish to uphold religious freedom, United States Senate to carefully examine Whereas, Article I of the Convention and tolerance, and justice: and consider for adoption the model set forth international and local laws confirm that (A) Should join in this resolution; in current Massachusetts firearms law; and genocide and crimes against humanity, (B) Should collaborate on measures to pre- be it further whether committed in time of peace or in vent further war crimes, crimes against hu- Resolved, That a copy of these resolutions time of war, are crimes that governmental manity, and genocide; and be transmitted forthwith by the Clerk of the authorities are obligated to prevent and to (C) Should collaborate on the establish- Senate to the Speaker and Minority Leader punish; and ment and operation of domestic, regional, of the United States House of Representa- Whereas, Article II of the Convention de- and international tribunals to punish those tives, to the Majority Leader and Minority clares that ‘‘genocide means any of the fol- responsible for the ongoing crimes; and Leader of the United States Senate and to lowing acts committed with intent to de- (6) The governments of the Kurdistan Re- the Massachusetts Congressional Delegation. stroy, in whole or in part, a national, eth- gion of Iraq, the Hashemite Kingdom of Jor- nical, racial or religious group, as such: (a) dan, the Lebanese Republic, and other coun- POM–213. A joint resolution adopted by the Killing members of the group; (b) Causing se- tries, including Turkey, Greece, the United Legislature of the State of Oklahoma urging rious bodily or mental harm to members of States of America, and the member states of the Congress of the United States, pursuant the group; (c) Deliberately inflicting on the the European Union, are commended for hav- to Article V of the United States Constitu- group conditions of life calculated to bring ing sheltered and protected those fleeing the tion, to call a convention of the states for about its physical destruction in whole or in violence of ISIS (Daesh) and other extrem- the purpose of proposing amendments to the part; (d) Imposing measures intended to pre- ists until they can safely return to their United States Constitution related to bal- vent births within the group; [and] (e) Forc- homes in Iraq and Syria; and ancing the federal budget, imposing fiscal re- ibly transferring children of the group to an- (7) All those who force the migration of restraints on the federal government, limiting other group’’; and ligious communities from their ancestral the power and jurisdiction of the federal gov- Whereas, Article III of the Convention af- homelands, where they have lived and prac- ernment, and limiting the terms of office for firms that ‘‘the following acts shall be pun- ticed their faith in safety and stability for its officials and for members of Congress; to ishable: (a) Genocide; (b) Conspiracy to com- hundreds of years—including specifically the the Committee on the Judiciary. mit genocide; (c) Direct and public incite- Nineveh Plain, a historic heartland of Chris- SENATE JOINT RESOLUTION NO. 4 ment to commit genocide; (d) Attempt to tianity in Iraq, and Mount Sinjar, the his- Whereas, the founders of the Constitution commit genocide; [and] (e) Complicity in toric home of the Yezidis—should be tracked, of the United States, through the enactment genocide’’; and sanctioned, arrested, prosecuted, and pun- of Article V, empowered state legislators to Whereas, A March 13, 2015, report of the ished in accordance with the laws of the be guardians of liberty against future abuses United Nations Committee on Human Rights place where their crimes were committed of power by the federal government; and prepared at the request of the Government of and under applicable international criminal Whereas, the federal government has cre- Iraq stated ‘‘[e]thnic and religious groups statutes and conventions. Be It Further ated a crushing national debt through im- targeted by ISIL include Yezidis, Christians, Resolved, That copies of this Joint Resolu- proper and imprudent spending; and Turkmen, Sabean-Mandeans, Kaka’e, Kurds tion be sent to President Barack Obama; Whereas, the federal government has in- and Shi’a’’ and that ‘‘[i]t is reasonable to Vice President Joe Biden; Mitch McConnell, vaded the legitimate roles of the states conclude that some of the incidents [in Iraq Majority Leader, United States Senate; through the manipulative process of federal in 2014–2015] . . . may constitute genocide’’; Harry Reid, Minority Leader, United States mandates, most of which are unfunded to a and Senate; Paul Ryan, Speaker, United States great extent; and Whereas, Attacks on Yezidis included the House of Representatives; Kevin McCarthy, Whereas, the federal government has mass killing of men and boys and the en- Majority Leader, United States House of ceased to live under a proper interpretation slavement and forcible transfer of women Representatives; Nancy Pelosi, Minority of the Constitution of the United States; and and children; and Leader, United States House of Representa- Whereas, it is the solemn duty of the Whereas, On July 10, 2015, Pope Francis, tives; Colorado’s congressional delegation; states to protect the liberty of our people, Supreme Pontiff of the Roman Catholic the Syrian American Council; the African particularly for the generations to come, by Church, declared that Middle Eastern Chris- Community Center of Denver; Lutheran proposing amendments to the Constitution tians are facing genocide, a reality that Family Services; the Colorado Coalition for of the United States through a convention of must be ‘‘denounced’’, and that ‘‘[i]n this Genocide Awareness and Action; the Con- the states under Article V of the United third world war, waged piecemeal, which we gressional Prayer Caucus Foundation; the States Constitution to place clear restraints are now experiencing, a form of genocide is St. Rafka Mission of Hope and Mercy; former on these and related abuses of power; and taking place, and it must end’’; now, there- Colorado State Senator Thomas J. Wiens; Whereas, the citizens of the State of Okla- fore, Be It Peter Boyles; and Father Andre Y. Mahanna. Resolved by the House of Representatives homa believe that it is in the best interest of the people of the United States to amend the of the Seventieth General Assembly of the POM–212. A resolution adopted by the Sen- United States Constitution in order to adopt State of Colorado, the Senate concurring ate of the Commonwealth of Massachusetts a balanced budget amendment and to address herein: calling on the United States Congress to con- the areas of overreach of the federal govern- That we, the members of the General As- sider nationwide adoption of Massachusetts ment; and sembly, find that: firearms laws; to the Committee on the Judi- Whereas, as early as 1976, the Thirty-fifth (1) The atrocities committed against Chris- ciary. tians and other ethnic and religious minori- Oklahoma Legislature enacted House Joint ties who are targeted specifically for reli- RESOLUTIONS Resolution No. 1049, calling for an Article V gious reasons constitute, and are hereby de- Whereas, on the most recent scorecard of Convention for the purpose of preparing and clared to be, crimes against humanity and state gun laws prepared by the Law Center submitting to the states an amendment ‘‘re- genocide; and to prevent gun violence, the Commonwealth quiring in the absence of a national emer- (2) Each of the contracting parties to the received the highest letter grade awarded, an gency that the total of all federal appropria- United Nations Convention on the Preven- A-, and ranked fifth overall in the country; tions made by the Congress for any fiscal tion and Punishment of the Crime of Geno- and year may not exceed the total of all esti- cide, signed in Paris on December 9, 1948, and Whereas, the Violence Policy Center re- mated federal revenue for that fiscal year’’; to other international agreements forbidding ports that the Commonwealth has the third and war crimes and crimes against humanity, lowest gun death rate in the nation; and Whereas, the Thirty-fifth Oklahoma Legis- particularly the governments of countries Whereas, shootings in Orlando, Florida, lature acknowledged in House Joint Resolu- and their nationals who are in any way sup- Charleston, South Carolina, Newtown, Con- tion No. 1049 the critical need for a federal porting these crimes, are reminded of their necticut and Aurora, Colorado have sparked balanced budget amendment with the pro- legal obligations under the Convention and a national debate on gun violence preven- phetic statement ‘‘believing that fiscal irre- those international agreements; and tion; and sponsibility at the federal level, with the in- (3) Every government and multinational Whereas, progress by the Commonwealth flation which results from this policy, is the body should call the atrocities being com- to reduce gun deaths is unsupported by greatest threat which faces our nation, we mitted in the name of religion by their right- states with less rigorous standards and by a firmly believe that constitutional restraint

VerDate Sep 11 2014 06:27 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.015 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6355 is necessary to bring the fiscal discipline Section 8. The Secretary of State is hereby integrating coastal data with decision-sup- needed to restore fiscal responsibility’’; and directed to transmit copies of this applica- port tools, training, and best practices and Whereas, pursuant to the provisions of Ar- tion to the President and Secretary of the to support collection of priority coastal ticle V of the Constitution of the United United States Senate and to the Speaker and geospatial data to inform and improve local, States, each state may request Congress to Clerk of the United States House of Rep- State, regional, and Federal capacities to provide for a convention to propose amend- resentatives, to transmit copies to the mem- manage the coastal region, and for other ments. Now, therefore, be it bers of the United States Senate and United purposes (Rept. No. 114–369). Resolved by the Senate and the House of States House of Representatives from this S. 1551. A bill to provide for certain re- Representatives of the 2nd Session of the state, and to transmit copies hereof to the quirements relating to the Internet Assigned 55th Oklahoma Legislature: presiding officers of each of the legislative Numbers Authority stewardship transition. Section 1. The Oklahoma Legislature here- houses in the several states, requesting their f by makes two separate applications to Con- cooperation. gress, under the provisions of Article V of Section 9. This application constitutes a REPORTS OF COMMITTEES the Constitution of the United States. The continuing application in accordance with The following reports of committees first such application is set forth in Sections Article V of the Constitution of the United were submitted: 2 through 5 of this resolution. The second States until the legislatures of at least two- such application is set forth in Sections 6 By Mr. THUNE, from the Committee on thirds (2⁄3) of the several states have made through 9 of this resolution. Commerce, Science, and Transportation, Section 2. The Oklahoma Legislature here- applications on the same subject, or until without amendment: by applies to Congress, under the provisions December 31, 2023, whichever occurs earlier. S. 1490. A bill to establish an advisory of- of Article V of the Constitution of the fice within the Bureau of Consumer Protec- United States, for the calling of a convention POM–214. A resolution adopted by the tion of the Federal Trade Commission to pre- of the states limited to proposing an amend- Mayor and City Commission of the City of vent fraud targeting seniors, and for other ment to the Constitution of the United Miami Beach, Florida, urging the United purposes (Rept. No. 114–370). States requiring that in the absence of a na- States Food and Drug Administration (FDA) By Mr. THUNE, from the Committee on tional emergency the total of all federal ap- to repeal its prohibition on men who have Commerce, Science, and Transportation, propriations made by the Congress for any had sex with men within 12 months from do- with an amendment in the nature of a sub- fiscal year may not exceed the total of all es- nating blood; to the Committee on Health, stitute: S. 2219. A bill to require the Secretary of timated federal revenues for that fiscal year, Education, Labor, and Pensions. Commerce to conduct an assessment and together with any related and appropriate POM–215. A petition from a citizen of the analysis of the outdoor recreation economy fiscal restraints. State of Texas relative to an amendment to Section 3. The Secretary of State is hereby the United States Constitution; to the Com- of the United States, and for other purposes directed to transmit copies of this applica- mittee on the Judiciary. (Rept. No. 114–371). S. 3088. A bill to provide a deadline for tion to the President and Secretary of the f compliance with an alternate safety compli- United States Senate, the Speaker and Clerk ance program and for other purposes (Rept. of the United States House of Representa- REPORTS OF COMMITTEES DURING No. 114–372). tives and members of the United States Sen- ADJOURNMENT By Mr. BARRASSO, from the Committee ate and House of Representatives from this Under the authority of the order of on Indian Affairs, without amendment: state; also to transmit copies hereof to the S. 2564. A bill to modernize prior legisla- presiding officers of the legislative houses in the Senate of September 29, 2016, the following reports of committees were tion relating to Dine College (Rept. No. 114– several states, requesting their cooperation. 373). Section 4. This application is to be consid- submitted on October 27, 2016: f ered as covering the same subject matter as By Mr. JOHNSON, from the Committee on the presently outstanding balanced budget Homeland Security and Governmental Af- INTRODUCTION OF BILLS AND applications from other states, including, fairs, with an amendment in the nature of a JOINT RESOLUTIONS but not limited to, previously adopted appli- substitute: The following bills and joint resolu- cations from Alabama, Alaska, Arkansas, S. 2418. A bill to authorize the Secretary of Colorado, Delaware, Florida, Georgia, Indi- Homeland Security to establish university tions were introduced, read the first ana, Iowa, Kansas, Louisiana, Maryland, labs for student-developed technology-based and second times by unanimous con- Michigan, Mississippi, Missouri, Nebraska, solutions for countering online recruitment sent, and referred as indicated: Nevada, New Hampshire, New Mexico, North of violent extremists (Rept. No. 114–365). By Ms. STABENOW (for herself and Carolina, North Dakota, Ohio, Pennsylvania, S. 1526. A bill to amend title 10 and title 41, Mr. PETERS): South Dakota, Tennessee, Texas, Utah and United States Code, to improve the manner S. 2. A bill to authorize the award of the West Virginia; and this application shall be in which Federal contracts for construction Medal of Honor to James C. McCloughan for aggregated with same for the purpose of at- and design services are awarded, to prohibit acts of valor during the Vietnam War; to the taining the two-thirds (2⁄3) of states nec- the use of reverse auctions for design and Committee on Armed Services. essary to require the calling of a convention, construction services procurements, to By Mrs. CAPITO: but shall not be aggregated with any applica- amend title 31 and 41, United States Code, to S. 3. A bill to amend the Internal Revenue tions on any other subject. Code of 1986 to provide additional new mar- Section 5. This application constitutes a improve the payment protections available kets tax credits for distressed coal commu- continuing application in accordance with to construction contractors, subcontractors, nities; to the Committee on Finance. Article V of the Constitution of the United and suppliers for work performed, and for By Mr. BOOZMAN (for himself, Mr. States until the legislatures of at least two- other purposes (Rept. No. 114–366). By Mr. THUNE, from the Committee on DONNELLY, Mrs. CAPITO, Mr. COTTON, thirds (2⁄3) of the several states have made Mr. KING, Mr. TILLIS, Mr. WICKER, applications on the same subject, or until Commerce, Science, and Transportation, Mr. KIRK, Ms. AYOTTE, Mr. INHOFE, December 31, 2023, whichever occurs earlier. without amendment: Mr. HATCH, and Mr. BURR): It supersedes all previous applications by S. 1717. A bill to amend title 46, United States Code, to exempt old vessels that only S.J. Res. 40. A joint resolution approving this Legislature on the same subject. the location of a memorial to commemorate Section 6. The Legislature of the State of operate within inland waterways from the and honor the members of the Armed Forces Oklahoma hereby applies to Congress, under fire-retardant materials requirement if the that served on active duty in support of Op- the provisions of Article V of the Constitu- owners of such vessels make annual struc- eration Desert Storm or Operation Desert tion of the United States, for the calling of tural alterations to at least 10 percent of the Shield; to the Committee on Energy and a convention of the states limited to pro- areas of the vessels that are not constructed Natural Resources. posing amendments to the United States of fire-retardant materials (Rept. No. 114– By Mrs. BOXER (for herself and Mrs. Constitution that impose fiscal restraints on 367). FEINSTEIN): the federal government, limit the power and S. 1916. A bill to include skilled nursing fa- S.J. Res. 41. A joint resolution proposing jurisdiction of the federal government, and cilities as a type of health care provider an amendment to the Constitution of the under section 254(h) of the Communications limit the terms of office for its officials and United States to abolish the electoral col- Act of 1934 (Rept. No. 114–368). for members of Congress. lege and to provide for the direct popular Section 7. This application shall be aggre- By Mr. THUNE, from the Committee on election of the President and Vice President gated with the applications of Georgia Commerce, Science, and Transportation, of the United States; to the Committee on (SR736, 2014), Florida (SM476, 2014), Alaska with an amendment in the nature of a sub- the Judiciary. (HJR22, 2014), Alabama (HJR112, 2015), Ten- stitute: nessee (SJR67, 2016) and Indiana (SJR14, 2016) S. 2325. A bill to require the Secretary of f together with any future applications for a Commerce, acting through the Adminis- ADDITIONAL COSPONSORS convention for the specific and exclusive trator of the National Oceanic and Atmos- purpose of proposing amendments to the pheric Administration, to establish a con- S. 217 Constitution of the United States limited to stituent-driven program to provide a digital At the request of Mr. BLUMENTHAL, the purposes stated herein. information platform capable of efficiently the name of the Senator from Maine

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.024 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6356 CONGRESSIONAL RECORD — SENATE November 15, 2016 (Mr. KING) was added as a cosponsor of S. 1302 sor of S. 2253, a bill to amend title 38, S. 217, a bill to protect a woman’s right At the request of Mr. TESTER, the United States Code, to provide vet- to determine whether and when to bear names of the Senator from North Da- erans affected by closures of edu- a child or end a pregnancy by limiting kota (Ms. HEITKAMP) and the Senator cational institutions certain relief and restrictions on the provision of abor- from Maryland (Mr. CARDIN) were restoration of educational benefits, and tion services. added as cosponsors of S. 1302, a bill to for other purposes. S. 578 amend the Family and Medical Leave S. 2275 At the request of Ms. COLLINS, the Act of 1993 to provide leave because of At the request of Ms. KLOBUCHAR, the name of the Senator from Idaho (Mr. the death of a son or daughter. name of the Senator from Washington RISCH) was added as a cosponsor of S. S. 1512 (Mrs. MURRAY) was added as a cospon- 578, a bill to amend title XVIII of the At the request of Mr. CASEY, the sor of S. 2275, a bill to provide for auto- Social Security Act to ensure more name of the Senator from Maryland matic acquisition of United States citi- timely access to home health services (Mr. CARDIN) was added as a cosponsor zenship for certain internationally for Medicare beneficiaries under the of S. 1512, a bill to eliminate discrimi- adopted individuals, and for other pur- Medicare program. nation and promote women’s health poses. S. 624 and economic security by ensuring rea- S. 2332 At the request of Mr. BROWN, the sonable workplace accommodations for At the request of Mr. SCHUMER, the name of the Senator from Minnesota workers whose ability to perform the name of the Senator from Rhode Island (Mr. FRANKEN) was added as a cospon- functions of a job are limited by preg- (Mr. REED) was added as a cosponsor of sor of S. 624, a bill to amend title XVIII nancy, childbirth, or a related medical S. 2332, a bill to amend the National of the Social Security Act to waive co- condition. Child Protection Act of 1993 to estab- insurance under Medicare for S. 1679 lish a permanent background check colorectal cancer screening tests, re- At the request of Mr. HELLER, the system. gardless of whether therapeutic inter- name of the Senator from Kentucky S. 2346 vention is required during the screen- (Mr. PAUL) was added as a cosponsor of At the request of Mr. NELSON, the ing. S. 1679, a bill to amend the Flood Dis- name of the Senator from Texas (Mr. S. 689 aster Protection Act of 1973 to require CORNYN) was added as a cosponsor of S. At the request of Mr. THUNE, the that certain buildings and personal 2346, a bill to amend the Internal Rev- name of the Senator from Rhode Island property be covered by flood insurance, enue Code of 1986 to temporarily allow (Mr. WHITEHOUSE) was added as a co- and for other purposes. expensing of certain costs of replanting sponsor of S. 689, a bill to provide pro- S. 1715 citrus plants lost by reason of cas- tections for certain sports medicine At the request of Mr. HOEVEN, the ualty. professionals who provide certain med- name of the Senator from Hawaii (Mr. S. 2424 ical services in a secondary State. SCHATZ) was added as a cosponsor of S. At the request of Mr. PORTMAN, the S. 987 1715, a bill to require the Secretary of name of the Senator from Texas (Mr. At the request of Mr. WYDEN, the the Treasury to mint coins in com- CORNYN) was added as a cosponsor of S. name of the Senator from Connecticut memoration of the 400th anniversary of 2424, a bill to amend the Public Health (Mr. MURPHY) was added as a cosponsor the arrival of the Pilgrims. Service Act to reauthorize a program of S. 987, a bill to amend the Internal S. 2031 for early detection, diagnosis, and Revenue Code of 1986 to allow deduc- At the request of Mr. BARRASSO, the treatment regarding deaf and hard-of- tions and credits relating to expendi- name of the Senator from Texas (Mr. hearing newborns, infants, and young tures in connection with marijuana CORNYN) was added as a cosponsor of S. children. sales conducted in compliance with 2031, a bill to reduce temporarily the S. 2427 State law. royalty required to be paid for sodium At the request of Mr. SCHUMER, the S. 1010 produced on Federal lands, and for name of the Senator from Wisconsin At the request of Mr. MANCHIN, the other purposes. (Ms. BALDWIN) was added as a cospon- name of the Senator from South Caro- S. 2033 sor of S. 2427, a bill to prohibit dis- lina (Mr. SCOTT) was added as a cospon- At the request of Mr. SCHATZ, the crimination against individuals with sor of S. 1010, a bill to amend the Secu- name of the Senator from Maryland disabilities who need long-term serv- rities Exchange Act of 1934 to exempt (Mr. CARDIN) was added as a cosponsor ices and supports, and for other pur- from registration brokers performing of S. 2033, a bill to provide that 6 of the poses. services in connection with the trans- 12 weeks of parental leave made avail- S. 2595 fer of ownership of smaller privately able to a Federal employee shall be At the request of Mr. CRAPO, the held companies. paid leave, and for other purposes. names of the Senator from Massachu- S. 1085 S. 2175 setts (Ms. WARREN) and the Senator At the request of Mrs. MURRAY, the At the request of Mr. TESTER, the from West Virginia (Mrs. CAPITO) were name of the Senator from Maryland name of the Senator from Michigan added as cosponsors of S. 2595, a bill to (Mr. CARDIN) was added as a cosponsor (Mr. PETERS) was added as a cosponsor amend the Internal Revenue Code of of S. 1085, a bill to expand eligibility of S. 2175, a bill to amend title 38, 1986 to permanently extend the rail- for the program of comprehensive as- United States Code, to clarify the role road track maintenance credit. sistance for family caregivers of the of podiatrists in the Department of S. 2679 Department of Veterans Affairs, to ex- Veterans Affairs, and for other pur- At the request of Ms. KLOBUCHAR, the pand benefits available to participants poses. name of the Senator from Ohio (Mr. under such program, to enhance special S. 2216 BROWN) was added as a cosponsor of S. compensation for members of the uni- At the request of Ms. COLLINS, the 2679, a bill to amend title 38, United formed services who require assistance name of the Senator from Arizona (Mr. States Code, to direct the Secretary of in everyday life, and for other pur- FLAKE) was added as a cosponsor of S. Veterans Affairs to establish within poses. 2216, a bill to provide immunity from the Department of Veterans Affairs a S. 1139 suit for certain individuals who dis- center of excellence in the prevention, At the request of Ms. KLOBUCHAR, the close potential examples of financial diagnosis, mitigation, treatment, and name of the Senator from New York exploitation of senior citizens, and for rehabilitation of health conditions re- (Mrs. GILLIBRAND) was added as a co- other purposes. lating to exposure to burn pits. sponsor of S. 1139, a bill to amend the S. 2253 S. 2748 Help America Vote Act of 2002 to re- At the request of Mr. BLUMENTHAL, At the request of Ms. BALDWIN, the quire States to provide for same day the name of the Senator from Michigan names of the Senator from Colorado registration. (Ms. STABENOW) was added as a cospon- (Mr. BENNET) and the Senator from

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.060 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6357 Rhode Island (Mr. WHITEHOUSE) were lina (Mr. TILLIS) was added as a co- Michigan (Mr. PETERS) were added as added as cosponsors of S. 2748, a bill to sponsor of S. 3043, a bill to direct the cosponsors of S. 3198, a bill to amend amend the Public Health Service Act Secretary of Veterans Affairs to carry title 38, United States Code, to improve to increase the number of permanent out a pilot program establishing a pa- the provision of adult day health care faculty in palliative care at accredited tient self-scheduling appointment sys- services for veterans. allopathic and osteopathic medical tem, and for other purposes. S. 3203 schools, nursing schools, social work S. 3111 At the request of Ms. MURKOWSKI, the schools, and other programs, including At the request of Mr. PORTMAN, the name of the Senator from Utah (Mr. physician assistant education pro- names of the Senator from Georgia HATCH) was added as a cosponsor of S. grams, to promote education and re- (Mr. ISAKSON) and the Senator from 3203, a bill to provide for economic de- search in palliative care and hospice, North Carolina (Mr. BURR) were added velopment and access to resources in and to support the development of fac- as cosponsors of S. 3111, a bill to amend Alaska, and for other purposes. ulty careers in academic palliative the Internal Revenue Code of 1986 to S. 3240 medicine. extend the 7.5 percent threshold for the At the request of Mr. ENZI, the name S. 2782 medical expense deduction for individ- of the Senator from Ohio (Mr. At the request of Mr. BLUNT, the uals age 65 or older. PORTMAN) was added as a cosponsor of name of the Senator from Maine (Ms. S. 3115 S. 3240, a bill to prohibit the use of pre- COLLINS) was added as a cosponsor of S. At the request of Mr. WICKER, the 2782, a bill to amend the Public Health miums paid to the Pension Benefit Service Act to provide for the partici- name of the Senator from Iowa (Mr. Guaranty Corporation as an offset for pation of pediatric subspecialists in the GRASSLEY) was added as a cosponsor of other Federal spending. National Health Service Corps pro- S. 3115, a bill to amend the Public S. 3281 gram, and for other purposes. Health Service Act with respect to a At the request of Mr. REID, the name national pediatric research network. S. 2912 of the Senator from Hawaii (Ms. At the request of Mr. JOHNSON, the S. 3124 HIRONO) was added as a cosponsor of S. name of the Senator from Maine (Mr. At the request of Mrs. ERNST, the 3281, a bill to extend the Iran Sanctions KING) was added as a cosponsor of S. name of the Senator from Louisiana Act of 1996. 2912, a bill to authorize the use of unap- (Mr. CASSIDY) was added as a cosponsor S. 3295 proved medical products by patients di- of S. 3124, a bill to require U.S. Immi- At the request of Mr. CORNYN, the agnosed with a terminal illness in ac- gration and Customs Enforcement to name of the Senator from Arkansas cordance with State law, and for other take into custody certain aliens who (Mr. BOOZMAN) was added as a cospon- purposes. have been charged in the United States sor of S. 3295, a bill to authorize the S. 2932 with a crime that resulted in the death Secretary of Homeland Security to At the request of Mr. CASSIDY, the or serious bodily injury of another per- work with cybersecurity consortia for names of the Senator from Maine (Mr. son, and for other purposes. training, and for other purposes. KING) and the Senator from Minnesota S. 3130 S. 3304 (Ms. KLOBUCHAR) were added as cospon- At the request of Mr. MARKEY, the At the request of Mr. BLUMENTHAL, sors of S. 2932, a bill to amend the Con- name of the Senator from Maine (Mr. his name was added as a cosponsor of trolled Substances Act with respect to KING) was added as a cosponsor of S. S. 3304, a bill to direct the Secretary of the provision of emergency medical 3130, a bill to amend title XVIII of the Veterans Affairs to improve the Vet- services. Social Security Act to provide for a erans Crisis Line. S. 2934 permanent Independence at Home med- At the request of Mr. THUNE, the At the request of Mr. SCHUMER, the ical practice program under the Medi- name of the Senator from California names of the Senator from Pennsyl- care program. (Mrs. FEINSTEIN) was added as a co- vania (Mr. CASEY) and the Senator S. 3162 sponsor of S. 3304, supra. EID from Nevada (Mr. R ) were added as At the request of Mr. REED, the S. 3328 cosponsors of S. 2934, a bill to ensure names of the Senator from Rhode Is- At the request of Mr. BLUMENTHAL, that all individuals who should be pro- land (Mr. WHITEHOUSE) and the Senator the names of the Senator from Min- hibited from buying a firearm are list- from New Mexico (Mr. HEINRICH) were nesota (Ms. KLOBUCHAR), the Senator ed in the national instant criminal added as cosponsors of S. 3162, a bill to from Maryland (Mr. CARDIN) and the background check system and require a provide for the consideration of energy Senator from Oregon (Mr. WYDEN) were background check for every firearm storage systems by electric utilities as added as cosponsors of S. 3328, a bill to sale. part of a supply side resource process, amend title 38, United States Code, to S. 2957 and for other purposes. reform the rights and processes relat- At the request of Mr. NELSON, the S. 3179 ing to appeals of decisions regarding names of the Senator from Mississippi At the request of Ms. HEITKAMP, the claims for benefits under the laws ad- (Mr. COCHRAN), the Senator from Cali- name of the Senator from Virginia (Mr. ministered by the Secretary of Vet- fornia (Mrs. FEINSTEIN) and the Sen- WARNER) was added as a cosponsor of S. erans Affairs, and for other purposes. ator from Maryland (Mr. CARDIN) were 3179, a bill to amend the Internal Rev- added as cosponsors of S. 2957, a bill to S. 3348 enue Code of 1986 to improve and ex- require the Secretary of the Treasury At the request of Mr. WYDEN, the to mint commemorative coins in rec- tend the credit for carbon dioxide se- name of the Senator from California ognition of the 50th anniversary of the questration. (Mrs. FEINSTEIN) was added as a co- first manned landing on the Moon. S. 3183 sponsor of S. 3348, a bill to amend the S. 3042 At the request of Mr. SCHUMER, the Federal Election Campaign Act of 1971 At the request of Mr. BLUMENTHAL, name of the Senator from Michigan to require candidates of major parties the name of the Senator from Min- (Ms. STABENOW) was added as a cospon- for the office of President to disclose nesota (Ms. KLOBUCHAR) was added as a sor of S. 3183, a bill to prohibit the cir- recent tax return information. cosponsor of S. 3042, a bill to amend cumvention of control measures used S. 3369 title 38, United States Code, to clarify by Internet ticket sellers to ensure eq- At the request of Mr. MCCAIN, the the scope of procedural rights of mem- uitable consumer access to tickets for name of the Senator from Georgia (Mr. bers of the uniformed services with re- any given event, and for other pur- PERDUE) was added as a cosponsor of S. spect to their employment and reem- poses. 3369, a bill to amend section 2709 of ployment rights, and for other pur- S. 3198 title 18, United States Code, to clarify poses. At the request of Mr. HATCH, the that the Government may obtain a S. 3043 names of the Senator from Georgia specified set of electronic communica- At the request of Ms. KLOBUCHAR, the (Mr. PERDUE), the Senator from Mary- tion transactional records under that name of the Senator from North Caro- land (Mr. CARDIN) and the Senator from section, and to make permanent the

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.062 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6358 CONGRESSIONAL RECORD — SENATE November 15, 2016 authority for individual terrorists to found concern about the ongoing polit- There being no objection, the mate- be treated as agents of foreign powers ical, economic, social and humani- rial was ordered to be printed in the under the Foreign Intelligence Surveil- tarian crisis in Venezuela, urging the RECORD, as follows: lance Act of 1978. release of political prisoners, and call- U.S. CONGRESS, S. 3371 ing for respect of constitutional and OFFICE OF COMPLIANCE, Washington, DC, November 15, 2016. At the request of Mr. WYDEN, the democratic processes. Hon. ORRIN G. HATCH, name of the Senator from Hawaii (Mr. S. RES. 590 President Pro Tempore of the U.S. Senate, SCHATZ) was added as a cosponsor of S. At the request of Mr. WYDEN, the Washington, DC. 3371, a bill to amend titles II, XVIII, names of the Senator from Maryland DEAR MR. PRESIDENT: Section 303 of the and XIX of the Social Security Act to (Mr. CARDIN), the Senator from Vir- Congressional Accountability Act of 1995 improve the affordability and enroll- ginia (Mr. KAINE), the Senator from (CAA), 2 U.S.C. 1383, requires that, with re- ment procedures of the Medicare pro- Massachusetts (Mr. MARKEY), the Sen- gard to the amendment of the rules gov- gram, and for other purposes. ator from Hawaii (Mr. SCHATZ) and the erning the procedures of the Office, the Exec- S. 3391 Senator from Rhode Island (Mr. WHITE- utive Director ‘‘shall, subject to the approval At the request of Mr. REED, the name HOUSE) were added as cosponsors of S. of the Board [of Directors], adopt rules gov- of the Senator from Michigan (Ms. Res. 590, a resolution commemorating erning the procedures of the Office . . . .’’ 100 years of health care services pro- and ‘‘[u]pon adopting rules . . . shall trans- STABENOW) was added as a cosponsor of mit notice of such action together with a S. 3391, a bill to reauthorize the Mu- vided by Planned Parenthood. copy of such rules to the Speaker of the seum and Library Services Act. S. RES. 612 House of Representatives and the President S. 3421 At the request of Mr. REED, the name pro tempore of the Senate for publication in At the request of Mr. BLUMENTHAL, of the Senator from New Hampshire the Congressional Record on the first day of the name of the Senator from Hawaii (Mrs. SHAHEEN) was added as a cospon- which both Houses are in session following such transmittal.’’ (Mr. SCHATZ) was added as a cosponsor sor of S. Res. 612, a resolution recog- of S. 3421, a bill to require air carriers nizing the Weatherization Assistance Having published a general notice of pro- to provide all flight attendants with Program during its 40th anniversary posed rulemaking in the Congressional scheduled rest periods of at least 10 year for its history of reducing the en- Record on September 9, 2014, provided a com- ergy costs of families with low in- ment period of at least 30 days after publica- consecutive hours between duty peri- tion of such notice, and obtained the ap- ods and to comply with fatigue man- comes, making low-income households proval of the Board of Directors for the adop- agement plans for flight attendants healthier and safer, positively impact- tion of these rules as required by Section that have been approved by the Federal ing the environment, and supporting 303(a) and (b) of the CAA, 2 U.S.C. 1383(a) and Aviation Administration. jobs and new technology. (b), I am transmitting the attached Amend- S. 3431 f ments to the Procedural Rules of the Office of Compliance to the President Pro Tempore At the request of Mrs. GILLIBRAND, AUTHORITY FOR COMMITTEES TO of the United States Senate for publication the name of the Senator from Maine MEET in the Senate section of the Congressional (Ms. COLLINS) was added as a cosponsor Record on the first day on which both Houses COMMITTEE ON ENVIRONMENT AND PUBLIC of S. 3431, a bill to coordinate and ad- are in session following the receipt of this WORKS vance fibrosis research activities at the transmittal. In accordance with Section National Institutes of Health, and for Mr. MCCONNELL. Mr. President, I 303(b) of the CAA, these amendments to the other purposes. ask unanimous consent that the Com- Procedural Rules shall be considered issued mittee on Environment and Public S. 3436 by the Executive Director and in effect as of Works be authorized to meet during the date on which they are published in the At the request of Mr. RUBIO, the the session of the Senate on November Congressional Record. names of the Senator from Montana 15, 2016, at 5:30 p.m., in the President’s Any inquiries regarding this notice should (Mr. DAINES) and the Senator from Room of the Capitol. be addressed to Barbara J. Sapin, Executive Kansas (Mr. ROBERTS) were added as The PRESIDING OFFICER. Without Director of the Office of Compliance, Room cosponsors of S. 3436, a bill to prevent objection, it is so ordered. LA–200, 110 2nd Street, S.E., Washington, DC proposed regulations relating to re- 20540. strictions on liquidation of an interest f Sincerely, with respect to estate, gift, and genera- NOTICE: REGISTRATION OF MASS BARBARA J. SAPIN, tion-skipping transfer taxes from tak- MAILINGS Executive Director, ing effect. Office of Compliance. The filing date for the 2016 third S. 3441 quarter Mass Mailing report is Tues- FROM THE EXECUTIVE DIRECTOR OF THE OFFICE OF COMPLIANCE At the request of Mrs. GILLIBRAND, day, October 25, 2016. An electronic op- the names of the Senator from Con- tion is available on Webster that will NOTICE OF ADOPTED RULEMAKING (‘‘NARM’’), necticut (Mr. BLUMENTHAL) and the allow forms to be submitted via a Senator from Florida (Mr. RUBIO) were ADOPTED AMENDMENTS TO THE RULES fillable pdf document. If your office did OF PROCEDURE, NOTICE OF ADOPTED added as cosponsors of S. 3441, a bill to no mass mailings during this period, provide for the vacating of certain con- RULEMAKING, AS REQUIRED BY 2 please submit a form that states U.S.C. § 1383, THE CONGRESSIONAL AC- victions and expungement of certain ‘‘none.’’ COUNTABILITY ACT OF 1995, AS arrests of victims of human traf- Mass mailing registrations or nega- AMENDED (‘‘CAA’’). ficking. tive reports can be submitted elec- INTRODUCTORY STATEMENT S. 3464 tronically or delivered to the Senate At the request of Mr. ALEXANDER, the Office of Public Records, 232 Hart On September 9, 2014, a Notice of Proposed name of the Senator from Maine (Mr. Building, Washington, D.C. 20510–7116. Amendments to the Procedural Rules of the KING) was added as a cosponsor of S. The Senate Office of Public Records Office of Compliance (‘‘Office’’ or ‘‘OOC’’), as amended in June 2004 (‘‘2004 Procedural 3464, a bill to provide incremental in- is open from 9:00 a.m. to 5:00 p.m. For creases to the salary threshold for ex- Rules’’ or ‘‘2004 Rules’’) was published in the further information, please contact the Congressional Record at S5437, and H7372. As emptions for executive, administrative, Senate Office of Public Records at (202) required under the Congressional Account- professional, outside sales, and com- 224–0322. ability Act of 1995 (‘‘Act’’) at section 303(b) (2 puter employees under the Fair Labor f U.S.C. 1383(b)), a 30 day period for comments Standards Act of 1938, and for other from interested parties followed. In response purposes. NOTICE OF ADOPTED to the Notice of Proposed Rulemaking, the Office received a number of comments re- S. RES. 537 RULEMAKING garding the proposed amendments. Specifi- At the request of Mr. RUBIO, the Mr. HATCH. Mr. President, I ask cally, the Office received comments from the name of the Senator from Georgia (Mr. unanimous consent that the attached Committee on House Administration, the Of- PERDUE) was added as a cosponsor of S. documentation from the Office of Com- fice of the Senate Chief Counsel for Employ- Res. 537, a resolution expressing pro- pliance be printed in the RECORD. ment, the U.S. Capitol Police, the Architect

VerDate Sep 11 2014 09:43 Nov 17, 2016 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD16\NOV2016\S15NO6.REC S15NO6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6359 of the Capitol, and the U.S. Capitol Police the CAA, confer the Office and independent Under Proposed Rule section 1.03(a)(4), Labor Committee. Hearing Officers with wide discretion in con- commenters noted that there was ambiguity The Executive Director and the Board of ducting hearings and other processes. The regarding email time display and one com- Directors of the Office of Compliance have Office further finds that there is no need to menter proposed the addition of a new rule reviewed all comments received regarding clarify whether different methods can be requiring prompt acknowledgement of the the Notice, have made certain additional used in the same case, as long as whatever receipt of an emailed document to ensure changes to the proposed amendments in re- method chosen is made clear to parties. Fi- that it has been received by the parties. sponse thereto, and herewith issue the final nally, as the Rules are clear that five addi- In view of this comment, the Office added Amended Procedural Rules (Rules) as au- tional days will be added when documents language to the Adopted Rules, providing thorized by section 303(b) of the Act, which are served by mail, the Office does not be- that when the Office serves a document elec- states in part: ‘‘Rules shall be considered lieve that it is necessary to include a re- tronically, the service date and time will be issued by the Executive Director as of the quirement that the OOC inform parties of based on the document’s timestamp informa- date on which they are published in the Con- the specific dates that are required for re- tion. No further change is necessary. Con- gressional Record.’’ See, 2 U.S.C. 1383(b). sponse. That information can be ascertained firmation of the transmittal of a document These Procedural Rules of the Office of from information on the method of filing. can be shown from the date and timestamp Compliance may be found on the Office’s web As the OOC has indicated that it intends to on the email, which is typically more reli- site: www.compliance.gov. move toward electronic filing, one com- able than a recipient’s acknowledgment. Supplementary Information: The Congres- menter voiced support for the Office’s deci- One commenter noted that under Proposed sional Accountability Act of 1995 (CAA), PL sion to permit parties to file electronically. Rule section 1.03(c), there should be some 104–1, was enacted into law on January 23, However, the commenter indicated that it way of notifying parties when the Office is 1995. The CAA applies the rights and protec- would be beneficial for the proposed Rules to ‘‘officially closed for business.’’ The Office tions of 13 federal labor and employment contain procedures for storing electronic determined that it is not necessary to in- statutes to covered employees and employ- material in a manner that will protect conclude in the Procedural Rules how the Office ing offices within the Legislative Branch of fidentiality and ensure compliance with sec- will notify parties of closures. The Office Government. Section 301 of the CAA (2 tion 416 of the CAA. generally follows the Office of Personnel U.S.C. 1381) established the Office of Compli- The Office routinely handles all materials Management closure policy with respect to ance as an independent office within that in a secure and confidential manner, regard- inclement weather and other official govern- Branch. Section 303 (2 U.S.C. 1383) directed less of the format. Because the Office’s con- ment closures. Further, information on the that the Executive Director, as the Chief Op- fidential document management is covered Office’s closures appears on the Office’s erating Officer of the agency, adopt rules of in its own standard operating procedures, website at www.compliance.gov and is pro- procedure governing the Office of Compli- there is no need to include those procedures vided on the Office’s mainline at 202.724.9250. ance, subject to approval by the Board of Di- in these Rules. In response to the proposed changes to the rectors of the Office of Compliance. The Section 1.03(a)(2)(ii) of the Proposed Rules new section 1.06 (formerly section 1.04) in the rules of procedure generally establish the provided that documents other than requests Proposed Rules, several commenters indi- process by which alleged violations of the for mediation that are mailed were deemed cated that while records of Hearing Officers laws made applicable to the Legislative to be filed on the date of their postmark. may be made public if required for the pur- Branch under the CAA will be considered and However, mailed requests for mediation were poses of judicial review under Section 407, resolved. The rules include procedures for to be deemed filed on the date they were re- the Procedural Rules do not address cir- counseling, mediation, and election between ceived in the Office. (1.03(a)(2)(i)) This was a cumstances where records are also necessary filing an administrative complaint with the proposed change to the Rules that had estab- for purposes of civil action review under sec- Office of Compliance or filing a civil action lished the date of filing for requests for me- tion 408 for res judicata purposes. in U.S. District Court. The rules also include diation and complaints as the date when they After review of these comments, the Office the procedures for processing Occupational were received in the Office. One commenter believes that this concern is adequately ad- Safety and Health investigations and en- asserted that in changing the date of filing dressed in the Adopted Rules. Section 1.08(d), forcement, as well as the process for the con- for complaints served by mail from the date includes a broader statement concerning the duct of administrative hearings held as the received in the Office to the date of the post- appropriate use of records in other pro- result of the filing of an administrative com- mark, the rules gave a covered employee an ceedings, and allows the submission of a plaint under all of the statutes applied by additional five days to file an OOC com- Hearing Officer’s decision in another pro- the Act, for appeals of a decision by a Hear- plaint. Upon review of all comments, the Of- ceeding, as long as the requirements in sec- ing Officer to the Board of Directors of the fice has determined that, because mail deliv- tion 1.08(d) are met. Nothing in these Rules Office of Compliance, and for the filing of an ery on the Capitol campus is irregular due to prohibits a party or its representative from appeal of a decision by the Board of Direc- security measures, it is best to use the date disclosing information obtained in confiden- tors to the United States Court of Appeals of postmark as the date of filing. This will tial proceedings when it is reasonably nec- for the Federal Circuit. The rules also con- ensure that all filings that under ordinary essary to investigate claims, ensure compli- tain other matters of general applicability to circumstances would be timely would not be ance with the Act or prepare a prosecution the dispute resolution process and to the op- deemed untimely because of any delay in or defense. While section 1.08(d) does allow eration of the Office of Compliance. mail delivery on the Hill. This includes the for the submission of Hearing Officer deci- The Office’s response and discussion of the filing of a request for mediation, which will sions under the appropriate circumstances, comments is presented below: be deemed received in the Office as the date it also serves to preserve the confidentiality of postmark. In using the postmark as the of these records. Thus, the party making the Discussion date of filing for all mailed documents, the disclosure shall take all reasonably appro- SUBPART A—GENERAL PROVISIONS OF Office sees no advantage gained in one meth- priate steps to ensure that persons to whom THE RULES od of filing over the other, but rather views the information is disclosed maintain the There were a number of comments sub- this as a way of curtailing any disadvantage confidentiality of such information. mitted in reference to the proposed amend- to those who use mail for filing at a time With respect to the new section 1.07, Des- ments made to Subpart A, General Provi- when there are often significant delays in ignation of a Representative, a commenter sions of the Rules. With respect to the mail delivery to offices on the Hill. noted that the requirement that only one amendments to the Filing and Computation In sections 1.03(a)(3) and (4) of the Proposed person could be designated as a representa- of Time under section 1.03(a), one commenter Rules, the Office changed the filing deadline tive was problematic since there have been noted that the provisions allowing the for fax and electronic submissions from 5:00 situations when more than one attorney Board, Hearing Officer, Executive Director pm Eastern Time on the last day of the ap- would be needed to represent an employing and General Counsel to determine the meth- plicable filing period to 11:59 pm Eastern office or employee. The suggestion was made od by which documents may be filed in a par- Time on the last day of the applicable filing that the limitations apply only to a party ticular proceeding ‘‘in their discretion’’ are period. One commenter noted that while sub- for point of contact purposes. As the purpose overly broad. The commenter also requested missions under section 1.03(a)(3) require in of limiting the number of designated rep- clarification on whether there would be dif- person hand delivery by 5:00 p.m., this dead- resentatives was to eliminate any confusion ferent methods used for filing in the same line is inconsistent with the 11:59 p.m. dead- caused by having to serve more than one rep- case, whether five (5) additional days would line required for faxed and electronically resentative per party, the Office has modi- be added regardless of the type of service, filed documents. The commenter stated that fied the language to indicate that only one and whether the OOC would inform the op- the filing deadlines should be the same for representative may be designated to receive posing party of the prescribed dates for a re- all types of delivery and receipt options. service. sponse. This is not an unusual situation. Often There were several comments to section The Office does not find as overly broad there are different filing deadlines, depend- 1.07(c) of the Proposed Regulations. The pro- the amendment allowing the Board, Hearing ing on the mode of delivery. However, to en- posals to section 1.07(c) provided that in the Officer, Executive Director, and General sure consistency, the Office has changed the event of a revocation of a designation of rep- Counsel the discretion to determine the language so that the same time will be used resentative, the Executive Director, OOC method by which documents may be filed. for filing all documents coming into the Of- General Counsel, Mediator, Hearing Officer The 2004 version of these Rules, as well as fice. or OOC Board has the discretion to grant a

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6360 CONGRESSIONAL RECORD — SENATE November 15, 2016 party ‘‘additional time . . . to allow the is limited to employment rights proceedings not independently entitle an employee to party to designate a new representative as initiated by a complaint filed by a covered monetary damages absent a violation of one consistent with the Act.’’ The commenters employee against an employing office alleg- of the ‘‘money-mandating’’ statutes it ap- noted that the CAA is a waiver of sovereign ing violations of laws specifically incor- plies. Office of the Architect of the Capitol v. immunity that must be strictly construed porated by the CAA under 2 U.S.C. §§ 1311– Cienfuegos, No. 11–AC–138 (CV, RP), 2014 WL and that there is no discretion to extend 1317. Section 405 of the CAA, by its terms, 7139940, *n.1 (OOC Board Dec. 11, 2014). The statutory deadlines to give a party time to limits the filing of a complaint to a covered Board’s authority is therefore limited to de- designate a new representative, including employee who has completed mediation and ciding breaches of confidentiality during the time to request counseling under section 402, section 406 of the CAA limits Board review to pendency of a complaint filed pursuant to to request and complete mediation under any party aggrieved by the decision of a section 405 of the CAA, and the Adopted section 403, to file a complaint or initiate a Hearing Officer under section 405(g) of the Rules so provide. civil action under section 404, or to file an CAA. For this reason, the Board determined Further, as to the deletion of section appeal under section 406 of the CAA. Com- that section 1.07(e) of the Procedural Rules 1.07(d), covering contents or records of con- menters urged that the rule be modified to could only apply to those orders and deci- fidential proceedings, the comments noted clarify this point. sions regarding sanctions that were in a final that mediation does not bestow confiden- As the adopted language notes that addi- order issued under section 405(g). While the tiality to facts or evidence that exist outside tional time may be granted only as consistent CAA and the procedural rules mandate that of mediation and the language needs the sig- with the CAA, it should be clear that in parties in counseling, mediation, and hearing nificant qualification that currently exists granting any additional time to designate a maintain confidentiality, there is no statu- in section 1.07(d) (‘‘. . . A participant is free new representative, the Executive Director, tory provision within the CAA which ad- to disclose facts and other information ob- OOC General Counsel, Mediator, Hearing Of- dresses the authority of a Hearing Officer or tained from any source outside of the con- ficer or OOC Board will ensure that statu- the Board to address independent breaches of fidential proceedings . . .’’). The commenter tory deadlines are observed. confidentiality. See 2 U.S.C. § 1416 recommended that the entire language of Deletion of the section 1.07 of the 2004 Pro- Other commenters noted that under Tay- section 1.07(d) of the 2004 Procedural Rules cedural Rules, the breach of confidentiality lor, supra, the Board also appears to take the be retained in the new Rules. provision, generated the most comments. position that there is no provision in the The Office agrees that including the cur- Commenters generally noted that the Pro- CAA authorizing an employing office to rent section 1.07(d) in the Adopted Rules posed Procedural Rules would eliminate the bring a breach of confidentiality claim (now in the Adopted Rules as section 1.08(e)) existing process for filing a complaint based against a complainant. See also, Eric J.J. would give appropriate guidance on the con- on violation of the confidentiality provisions Massa v. Debra S. Katz and Alexis H. Rickher, tents and records of confidential proof section 416 of the CAA. The effect of this Case No.: 10–HS–59 (CFD), (May 8, 2012) and ceedings. proposed rule change would be that, if there Taylor. One commenter strongly disagreed There were multiple comments concerning was a confidentiality breach, a party could with this conclusion, noting that just as the the confidentiality provisions in section 1.08 obtain relief only pursuant to an ‘‘agree- confidentiality obligations of the CAA clear- of the Proposed Rules. One such comment ment’’ facilitated by the Mediator during the ly and unambiguously apply equally to em- noted that ‘‘communications between attor- mediation period or through sanctions issued ploying offices and employees, so too should neys and clients should never amount to a by a Hearing Officer during a section 405 pro- the ability to assert claims for breach of confidentiality breach absent a protective ceeding (see Proposed Procedural Rules sec- statutory confidentiality. The commenter order’’; yet, with the deletion of the ‘‘Breach tions 2.04(k) and 7.12(b)). Commenters ex- asserts that a contrary reading of the stat- of Confidentiality Provisions’’ section, there pressed concern that under the Proposed ute, as appears to have been implicitly sug- is no timeframe listed for when a party can Rules, if an individual violated section 416 of gested in the above-referenced cases (deny- claim a confidentiality breach. Commenters the CAA at any other time in the process, no ing employing offices the ability to bring urged the OOC to reinstitute the previous re- remedy would be available. Most com- claims for breach of confidentiality against quirement. Because of the Board rulings lim- menters felt that this was inconsistent with employees), is inconsistent with the purpose iting the authority of the Board to review a the confidentiality requirements of the CAA, and intent of the confidentiality provisions breach of confidentiality claim outside of a and that the Procedural Rules should include of the CAA. section 405 proceeding, there does not need a complaint procedure for resolving inde- Again, because under section 405 of the to be a timeframe for a party to claim the pendent violations of section 416. For exam- CAA, the filing of a complaint is limited to breach. The claim would have to occur dur- ple, one commenter noted that, under the a covered employee who has completed coun- ing the section 405 proceeding itself. Because Proposed Procedural Rules, if parties agree seling and mediation (and the General Coun- circumstances would differ in each case, set- to a settlement during mediation, there is no sel in limited circumstances), and there is no ting a time frame for a breach of confiden- remedy available to the employing office if mechanism in the CAA for enforcement of tiality should be left up to the Hearing Offi- the employee decides to publicize the terms confidentiality breaches outside of a section cer and the OOC Board of Directors. of the settlement or any statements made 405 proceeding, there is similarly no process Commenters noted that section 1.08(c) was during mediation. Similarly, if a covered em- in the CAA under which an employing office also inconsistent because it prohibits disclo- ployee never initiates a section 405 pro- can initiate a breach of confidentiality claim sure of a written or oral communication that ceeding, but instead drops the matter or ini- that can be enforced. The Procedural Rules, is prepared for the purpose of, or occurs dur- tiates a section 408 proceeding, the Proposed however, do provide that within the context ing, counseling. The most important docu- Procedural Rules would allow the employee of a section 405 proceeding, an employing of- ment that allows for the preparation of a de- to publicize any statements made during me- fice may make a breach of confidentiality fense to a claim is the formal request for diation, with no fear of sanction. The uncer- claim and the Hearing Officer is authorized counseling. That written document is nec- tainty regarding confidentiality would result to order a number of sanctions if a breach is essary to identify the claims that a Com- in parties being less candid in mediation and, found. plainant has properly exhausted under the thereby, undermine it as a dispute resolution Comments were also made that limiting CAA. Some commenters requested that the process. remedies for breaches of confidentiality to Office provide the employing office with the Section 1.07 of the 2004 Procedural Rules, procedural and evidentiary sanctions was in- request for counseling. permitting the filing with the Executive Di- appropriate and, that the effect of that limi- Counseling is to be strictly confidential, rector of stand-alone complaints of violation tation was to make the penalty for breach of therefore, the request itself will not be proof the confidentiality provisions, has been confidentiality nonexistent for a complain- vided to other parties by the Office. As the deleted because the OOC Board held, as a ant who chooses not to file a complaint with Circuit Court for the District of Columbia matter of statutory interpretation of the the OOC because no procedural or evi- noted in Blackmon-Malloy v. U.S. Capitol Po- CAA, that it did not have the statutory au- dentiary sanctions would ever be applicable. lice Bd., 575 F.3d 699, 713 (D.C. Cir. 2009), thority to independently resolve a breach of The commenter requested that the Rules ‘‘Congress’s inclusion of provisions requiring confidentiality action brought under the clarify that monetary damages may be the Office to issue written notices of the end Procedural Rules, without the existence of awarded against both employing offices and of counseling and the end of mediation must an underlying complaint under section 405 of employees for a demonstrated breach of con- be read in light of the provisions on con- the CAA. Taylor v. U.S. Senate Budget Comm. fidentiality. fidentiality. Those provisions, sections No. 10–SN–31 (CFD), 2012 WL 588440 (OOC In the absence of any express authority, 1416(a) and (b), provide that counseling and Board Feb. 14, 2012); see Massa v. Katz & the Board has decided that ‘‘the Office and mediation, respectively, shall be strictly Rickher, No. 10–HS–59 (CFD) (OOC Board May its Hearing Officers have the power to con- confidential.’’ 2 U.S.C. § 1416(a) & (b). 8, 2012) (dismissing complaint alleging trol and supervise proceedings conducted Blackmon-Malloy v. U.S. Capitol Police Bd., 575 breach of confidentiality on subject-matter under Sections 402, 403, and 405 of the [CAA], F.3d 699, 711 (D.C. Cir. 2009). The court noted jurisdiction grounds because the complain- and may rely on this power to impose appro- that, ‘‘nothing in the CAA suggests Congress ant ‘‘never filed a complaint [under section priate sanctions for a breach of the [CAA’s] intended courts to engage in a mini-trial on 405 of the CAA] against an employing office confidentiality requirements.’’ Taylor v. U.S. the content of the counseling and mediation alleging violation of sections 201–207 of the Senate Budget Comm; Massa v. Katz & Rickher. sessions, an inquiry that would be fraught CAA.’’). In other words, the Board’s author- The Board has further held that a breach of with problems. . . . Congress expressly lim- ity to adjudicate a breach of confidentiality the CAA’s confidentiality provisions does ited the ability of the court to review the

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6361 substance of compliance with these proc- allow a ‘‘participant’’ to publicize the fact that, ‘‘[t]he Executive Director will advise esses.’’ Blackmon-Malloy v. U.S. Capitol Police that a covered employee has requested and/ all participants in mediation and hearing at Bd., 575 F.3d at 711. or engaged in counseling and mediation, and the time they become participants of the One commenter objected to section 1.08(d) the fact that an individual has filed an OOC confidentiality requirements of Section 416 of the Proposed Rules, noting that mediators complaint. See also, 2.03(d), 2.04(b) and 5.01(h) of the Act and that sanctions may be im- should not be able to discuss substantive (requiring the OOC—but not participants—to posed by the Hearing Officer for a violation matters from mediation with the Office. The keep confidential the ‘‘invocation of medi- of those requirements. No sanctions may be commenter noted that to permit mediators ation’’ and ‘‘the fact that a complaint has imposed except for good cause and the par- to consult with the OOC regarding the sub- been filed with the [OOC] by a covered em- ticulars of which must be stated in the sanc- stance of the mediation violates the prin- ployee’’). The Commenter notes that these tion order.’’ ciple that ‘‘[a]ll mediation shall be strictly disclosures would violate the strict confiden- SUBPART B—PRE-COMPLAINT PROCE- confidential,’’ 2 U.S.C. § 1416(b), and is incon- tiality mandated by the CAA and that the sistent with the OOC’s role as a neutral. Spe- DURES APPLICABLE TO CONSIDER- proposed rule should not be adopted. ATION OF ALLEGED VIOLATIONS OF cifically, the commenter points out that as It is the opinion of the Office that the PART A OF TITLE II OF THE CONGRES- the OOC appoints the Hearing Officer to han- strict confidentiality mandated by the CAA SIONAL ACCOUNTABILITY ACT OF 1995 dle the subsequent complaint, the Executive applies to the discussions and content of con- Director rules on a number of procedural versations that go on in counseling, medi- In reviewing the change in the Proposed issues in any subsequent case, and in view of ation, and the hearing, rather than the fact Rules, the Office has decided to delete the the OOC’s adjudicative role in the complaint of filing of a request for counseling, invoca- reference in section 2.03 of the 2004 Rules to process, allowing the mediator to consult tion of mediation, or a complaint. Indeed, an ‘‘official’’ form that should be used to file with the OOC regarding substantive issues section 1.08(e), added back into the Adopted a formal request for counseling and has re- related to the mediation may negatively im- Rules, spells out that it is the information placed it in the Adopted Rules with the fol- pact the OOC’s neutrality, and/or the percep- actually obtained in the counseling, medi- lowing language: ‘‘Individuals wishing to file tion of the parties that the OOC is neutral. ation or hearing proceedings that is to be a formal request for counseling may call the The Office agrees with the commenter that kept confidential, not necessarily the fact Office for a form to use for this purpose.’’ under the CAA, ‘‘[a]ll mediation shall be that a hearing or mediation is being held. There were several comments to section strictly confidential.’’ CAA § 416(b). The con- Moreover, to ensure confidentiality and con- 2.03 of the Proposed Rules. One commenter fidentiality provision regarding mediation is sistent with the Office of Compliance Adminis- noted that the strict confidentiality provi- further clarified in section 2.04(j) of the Pro- trative and Technical Corrections Act of 2015 sion discussed in section 2.03(d) should refer cedural Rules, which provides that the ‘‘Of- (PL 114–6), all participants are advised of the to the confidentiality provisions described in fice will maintain the independence of the confidentiality requirement under the CAA. sections 2.03(e)(l)–(2) and 1.08. In addition, mediation process and the mediator. No indi- In another comment, it was noted that the the commenter maintained that the words vidual, who is appointed by the Executive waiver provision under section 1.08(e) of the ‘‘should be used’’ should be deleted and re- Director to mediate, may conduct or aid in a Proposed Rules was not clear and appeared placed with the word ‘‘shall’’ so that the hearing conducted under section 405 of the to conflict with the statutory requirement of counseling period only pertains to the enu- Act with respect to the same matter or shall confidentiality under section 416 of the CAA. merated items. be subject to subpoena or any other compul- Where there is a waiver of confidentiality, it The Office has decided to leave the lan- sory process with respect to the same mat- is unclear whether a waiver releases all re- guage as proposed (‘‘should be used’’) to pro- ter.’’ However, the CAA requires both coun- quirements for confidentiality including vide the most flexibility to the Counselor seling and mediation, in part, to assist em- making records public in proceedings, and employee depending on the cir- ployees and employing offices in reaching an waiving the confidentiality requirements of cumstances of each case. early resolution of their disputes. When a proceedings before a Hearing Officer, and There were comments that section neutral mediator believes that consulting waiving the sanctions requirement under 2.03(e)(1) of the Proposed Rules was incon- with the Office on administrative, proce- section 1.08(f). It is important that any waiv- sistent with the requirements in section dural, or even substantive matters will expe- er be clear as to why it would be permissible 1.08(d). The commenter noted that, for exam- dite and facilitate resolution of the dispute, despite the language in section 416 of the ple, section 2.03(e)(1) provides that ‘‘all coun- there is no reason for the mediator not to be CAA and how such a waiver affects docu- seling shall be kept strictly confidential and able to do that. In fact, the purposes of the ments, proceedings, and testimony. The com- shall not be subject to discovery.’’ The com- counseling and mediation provisions are best menter further notes that the language of menter noted that it is not clear that the Of- served if the OOC encourages the mediator to fice of Compliance Procedural Rules can con- do everything he or she can to expedite reso- the waiver does not make clear that all participants must agree to waive confiden- trol the release of discoverable information lution of the matter. in federal district court. Notwithstanding Furthermore, because Mediators are barred tiality and should therefore be deleted from that restriction, section 2.03(e)(1) is incon- from serving as Hearing Officers in the same the Rules. sistent with the exceptions provided in sec- case under CAA section 403(d), there is no The Office agrees that the waiver language tion 1.08(d) which permits disclosing infor- chance that a Mediator who consults with in section 1.08(e) of the Proposed Rules is too mation obtained in confidential proceedings the Office will use that information to make confusing and not meant as a general waiver. when reasonably necessary to investigate a determination that will be binding upon Accordingly, the waiver language has been claims, ensure compliance with the Act or the parties. Section 403(d) of the CAA is de- deleted in the Adopted Rules. prepare its prosecution or defense. signed to inspire confidence in and maintain One comment noted that section 1.08(f) of Additional comments noted that section the integrity of the mediation process by en- the Proposed Regulations would remove the 2.03(e)(1) of the Proposed Rule would permit couraging the parties to be frank and forth- requirement that the OOC advise partici- the OOC to publicize certain statistical incoming, without fear that such information pants of their confidentiality obligations in formation regarding CAA proceedings, which may later be used against them. See, e.g., 141 a timely fashion. Section 1.06(b) of the 2004 is consistent with section 301(h)(3) of the Cong. Rec. S629 (January 9, 1995). In essence, Procedural Rules requires the OOC to pro- if the parties know that the mediator will vide this notification ‘‘[a]t the time that any CAA, but the proposed rule would remove not be involved in investigating or deter- individual... becomes a participant,’’ and this language: ‘‘. . . so long as that statis- mining the validity of any of the allegations that language is not included in Proposed tical information does not reveal the iden- being made, they may be more willing to Procedural Rule 1.08(f). Such early notice is tity of the employees involved or of employ- work cooperatively with the Mediator during critical to ensuring that CAA-mandated con- ing offices that are the subject of a request the mediation. This is also the theory behind fidentiality is maintained and, thus, the ex- for counseling.’’ To ensure compliance with a key provision of the EEOC’s ADR Policy isting rule should be retained. section 416 of the CAA, the rule should speci- Statement: ‘‘In order to ensure confiden- The Office of Compliance Administrative and fy that the OOC will not publicize this de- tiality, those who serve as neutrals for the Technical Corrections Act of 2015 (PL 114–6), tailed information in its statistical reports. Commission should be precluded from per- requires the Executive Director to notify The Office believes that the CAA’s con- forming any investigatory or enforcement each person participating in mediation and fidentiality requirements found in section function related to charges with which they in the hearing and deliberations process of 416 of the CAA confer upon it the obligation may have been involved. The dispute resolu- the confidentiality requirement and of the to safeguard the confidentiality of such in- tion process must be insulated from the in- sanctions applicable to any person who vio- formation. It is for that reason, the language vestigative and compliance process.’’ EEOC, lates the confidentiality requirement. The limiting the discovery of information dis- Notice No. 915.002 (7/17/95). Office has created notifications to be pro- cussed in counseling was added. To ensure Because Mediators under the CAA are insu- vided to participants during all phases of the that its intention to protect the information lated from the investigative and compliance administrative process, including in medi- is understood, the Office has decided to keep process, there is no statutory or ethical bar ation and at hearings, and includes a state- that language in the A Rules. Further, to that would prevent them from consulting ment on its request for counseling form ad- preserve confidentiality of statistical infor- with the office if it would facilitate resolu- vising that ‘‘all counseling shall be strictly mation released as part of the reporting tion of the dispute. confidential.’’ Consistent with this and in under section 301(h)(3) of the CAA, language One comment also noted that the proposed agreement with the comment, section 1.08(f) has been put back in, indicating that statis- rule sections 1.08(b) and (c) may be read to of the Adopted Rules is modified to provide tical information will not reveal the identity

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6362 CONGRESSIONAL RECORD — SENATE November 15, 2016 of individual employees or employing offices approving settlements that might not fit ex- 210(d) and (f). In response to the NPRMs, the that are the subject of specific requests for actly into the parameters established under Executive Director received comments to counseling. section 2.04(g). Section 414 of the Act does both the proposed ADA procedural rules and In addition, by way of clarification, the Of- provide for this. The Act states: ‘‘Nothing in the proposed substantive regulations that fice has added a reference in section 2.03(e)(2) this chapter shall affect the power of the were similar or substantially related. While of the Adopted Rules to section 416(a) of the Senate and the House of Representatives, re- the ADA substantive regulations have been CAA indicating that the employee and the spectively, to establish rules governing the adopted by the Board of Directors, they have Office may agree to waive confidentiality process by which a settlement may be en- not yet been approved by Congress. The Ex- during the counseling process for the limited tered into by such House or by any employ- ecutive Director has therefore decided to purpose of allowing the Office to notify the ing office of such House.’’ Because this provi- withdraw the proposed procedural rules con- employing office of the allegations. sion is set forth in the Act, it is not nec- tained in Subpart C relating to section 210 of Noting that section 2.03(m) of the proposed essary to modify the language in section the CAA. Any future procedural rules regard- rules requires the Capitol Police to enter 2.04(g) of the Rules. ing the inspection, investigation and com- into a Memorandum of Understanding (MOU) There were additional comments to pro- plaint provisions contained in sections 210(d) to permit an employee to use the Capitol Po- posed Procedural Rule 2.04(g). Commenters and (f) of the CAA relating to ADA Public lice internal grievance process, one com- noted that the rule as proposed would grant Services and Accommodations will be pro- menter observed that there was no such re- the Mediator the authority to require ‘‘any mulgated when the substantive regulations quirement in section 401 of the CAA. party’’ to attend a mediation meeting in per- implementing section 210 of the CAA have As the language in the proposed regulation son and that there was nothing in the CAA been approved. indicates, a MOU may be necessary to ad- that would give a Mediator this authority. dress certain procedural and notification re- SUBPART D—COMPLIANCE, INVESTIGA- As a general rule, Mediators do not ‘‘direct’’ TION, ENFORCEMENT AND VARIANCE quirements. The OOC believes that the best individuals to attend mediation in person, way to work out notice and follow up details PROCESS UNDER SECTION 215 OF THE unless the Mediator believes that a specific CAA (OCCUPATIONAL SAFETY AND is through a MOU. However, the language person’s presence would advance the medi- does not mandate a MOU, but rather indi- HEALTH ACT OF 1970)—INSPECTIONS, ation. However, the Office has revised the CITATIONS, AND COMPLAINTS cates that an MOU would be helpful in ad- language in the Adopted Rules to indicate dressing administrative and procedural Regarding sections 4.02(a), 4.03(a) and (b), that the Mediator may ‘‘specifically re- two commenters objected to defining ‘‘place issues that could come up should the Execu- quest’’ a party or individual’s presence. tive Director decide to recommend that an of employment’’ as ‘‘any place where covered One commenter stated that the OOC employees work.’’ The 2004 Rules referred to employee use an internal process. should not alter established practice by par- There were several comments noting that ‘‘places of employment under the jurisdic- ticipating in mediations, as allowed in Sec- tion of employing offices.’’ The language in inclusion of ‘‘good cause’’ language in section 2.04(g). In response, the Office notes that tion 2.04(b) of the Proposed Rules would the 2004 Procedural Rules is the same lan- as the 2004 Rules include the Office as a pos- guage used in section 215(c)(1) of the CAA. allow a covered employee additional time to sible participant in mediation, the Proposed file a request for mediation outside of the Section 215(c)(1) describes the authorities of Rules did not change established practice. the General Counsel, which are the same as statutory 15-day period. The commenter as- However, to ensure that participation by the serted that there is no support for a ‘‘good those granted to the Secretary of Labor by Office does not interfere with the mediation subsections (a), (d), (e), and (f) of section 8 of cause’’ extension in the statute, and thus the process, the Amended Rules include language OOC lacks authority to create such an exten- the Occupational Safety and Health Act of that requires the permission of the Mediator 1970 (OSHAct) (29 U.S.C. §§ 657(a), (d), (e), and sion in its Proposed Procedural Rules. and the parties before the Office can partici- Typically, a final decision as to timeliness (f)). Notably, section 8(a) grants the ‘‘right pate in mediation. This is not meant to re- is up to the Hearing Officer and neither the to enter without delay and at reasonable quire permission from the parties when the Office nor the Mediator will dismiss a re- times any factory, plant, establishment, con- Office appoints an in-house mediator. Such quest for mediation where the request may struction site, or other area, workplace or an appointment is left exclusively to the Ex- be late. The intent of this amendment was to environment where work is performed by an ecutive Director. employee of an employer.’’ (Emphasis added). allow the Office to close the case if a request There were several comments to section The CAA refers to the same authorities for for mediation was not timely filed and make 2.04(i) of the Proposed Rules. Commenters periodic inspections as it does for requests the decision not to forward for mediation. noted that the notice of the end of mediation for inspections, that is, section 215(c)(1), and Because the 15-day time limit in which to period should advise the employing office of therefore section 8(a) of the OSHAct. Thus, file a request for mediation is statutory, the the date and mode of transmission of the no- the General Counsel’s authority for periodic Office has deleted the ‘‘good cause’’ language tice that was sent to the complainant or add inspections and requests for inspections cov- from the Adopted Rules. However, a case a presumption to the new rule, stating that ers not only legislative branch facilities that may be closed if the request for mediation is the notice is presumed to have been received are under the jurisdiction of employing of- not filed within 15 days of receipt of a Notice on the day it is sent by facsimile or email, or fices, such as the Hart or Rayburn office of the End of Counseling. In most cases, the within 5 calendar days if sent by first class buildings, but any place where covered em- final decision as to whether a request for me- mail. ployees work, such as the Architect of the diation has been timely filed is up to the fact However, the Technical Amendments Act Capitol’s workshop in the U.S. Supreme finder. In any event, a decision on an issue of modified section 404 of the CAA and estab- Court building. One commenter expressed equitable tolling would still be up to the lished that the deadline to elect proceedings concern this would mean the General Coun- Hearing Officer to decide. after the end of mediation was ‘not later In section 2.04(f)(2) of the Proposed Rules, sel could visit a telework employee’s home than 90 days but not sooner than 30 days language was added to the agreement to me- office to conduct an inspection, since the after the end of the period of mediation.’ (Em- diate that read that the Agreement to Medi- home office is where a covered employee phasis added) As this changed the deadline ate would define what is to be kept confiden- works, but not where an employing office from the receipt of the notice of end of medi- tial during mediation. Commenters noted has ‘‘jurisdiction’’. However, the General ation to the end of the mediation period that everything in mediation is confidential Counsel would not inspect an area and make itself, section 2.04(i) of the Adopted Rules and the statute does not permit the parties, findings that are beyond the reach of any was changed accordingly. Section 205(a), re- the Mediator, or the OOC to redefine or limit employing office to address. The efforts in garding election of proceedings, was also what aspects of the mediation are confiden- this section of the Procedural Rules are in- modified to reflect the changes made by tial and which are not. This addition in the tended to more accurately reflect, rather Technical Amendments Act. Proposed Rules was intended to create a con- than broaden, its authority to inspect. tractual agreement on confidential matters. SUBPART C—COMPLIANCE, INVESTIGA- One commenter objected to language in There is no question that a person can waive TION, AND ENFORCEMENT UNDER section 4.02(a) that authorizes the General confidentiality. But the default in this sec- SECTION 210 OF THE CAA (ADA PUBLIC Counsel to review records ‘‘maintained by or tion should be that matters are confidential SERVICES)—INSPECTIONS AND COM- under the control of the covered entity.’’ The unless there is a waiver, not the other way PLAINTS 2004 Rules refers to records ‘‘required by the around. Therefore, this language is being de- In the NPRM published on September 9, CAA and regulations promulgated there- leted from the Adopted Rules. 2014, the Executive Director proposed a new under, and other records which are directly The Office received comments on section Subpart C of the Procedural Rules setting related to the purpose of the inspection.’’ 2.04(g) related to the procedures by some forth rules and procedures for the inspection, The concern is that the General Counsel is oversight committees for approving settle- investigation and complaint provisions con- imposing record-keeping requirements. How- ments. Commenters requested that the pro- tained in sections 210(d) and (f) of the CAA ever, the language does not require entities posed change be modified to make it clear relating to Public Services and Accommoda- to create records or even to maintain that Members of the committees need not be tions under Titles II and III of the Americans records, but addresses the authority of the present for mediation, nor must they be with Disabilities Act (ADA). On September 9, General Counsel to review records that are reachable by phone during the mediation. It 2014, the OOC Board also published a NPRM maintained. Further, whether a record is is understood that in some cases, an over- with substantive regulations implementing ‘‘directly related to the purpose of the insight committee has specific procedures for Section 210 of the CAA, including sections spection’’ is a matter that may be raised by

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6363 an entity whether that language is in the under the CAA. They are examples of how moval or suspension, and the claim involves section or not. The General Counsel is not the operational needs of the parties and OOC harassment or retaliation, the employing of- seeking the right to review records that have can be accommodated without first revising fice has no requirement to provide the com- nothing to do with the inspection. Moreover, the Procedural Rules. plainant with the administrative file or in- whether a record is ‘‘directly’’ related is not One commenter was supportive of OOC’s ef- vestigation, and there is no requirement always readily apparent when a record re- fort to balance the OSHAct, which requires under the Rules that the agency provide this quest is first made, and the better course is citations to be posted unedited and un-re- information before the time to answer. In to avoid misunderstandings and delays in in- dacted, with concern over the disclosure of those circumstances, the complainant must spections because of a debate over degrees of security information. More specifically, the rely on the answer for information in order relatedness. Executive Director had added the following to respond. While it is in the Hearing Offi- One commenter suggested inserting the language to section 4.13(a) on the posting of cer’s discretion whether to extend the time words ‘‘upon notification to the appropriate citations: ‘‘When a citation contains secu- to allow the respondent to file an answer and employing office(s)’’ in section 4.02(a) after, rity information as defined in Title 2 of the to stay discovery while ruling on a motion to ‘‘the General Counsel is authorized’’ and be- U.S. Code, section 1979, the General Counsel dismiss, the Office has decided to keep lan- fore, ‘‘to enter without delay and at reason- may edit or redact the security information guage requiring an answer. In hearings under able times, . . .’’. As noted above, that lan- from the copy of the citation used for post- the CAA, the time frames are typically very guage is from section 8(a) of the OSHAct. ing or may provide to the employing office a short and a requirement for respondent to There is no requirement to provide advance notice for posting that describes the alleged answer keeps the process moving forward. notice of an inspection to employing offices violation without referencing the security Sections 5.03(f) and (g) of the Proposed but in practice the approach of the General information.’’ However, the commenter Rules were modified to allow a Hearing Offi- Counsel is to provide notification well in ad- wanted the Executive Director to go further cer to dismiss a complaint after with- vance. The employing offices usually provide and include other security information, such drawal—with or without prejudice. Several an escort for access and assistance during as ‘‘sensitive but unclassified’’ information, commenters objected to this change. One the inspection. The General Counsel has even and to address how OOC will protect all secu- commenter suggested such a dismissal be rescheduled an inspection when no escort rity information it encounters during all with prejudice only, another suggested the shows. The General Counsel’s periodic in- stages of the OSH inspection process. The Board identify factors a Hearing Officer spection calendars are provided to employing Executive Director does not believe the Pro- must consider when dismissing a complaint offices at the beginning of each Congress and cedural Rules are the place for setting forth or permitting a complainant to re-file, and posted on the OOC’s website. OOC’s safeguards and internal handling pro- another suggested the language be modified The same commenter asked the Executive cedures for security information. The ref- to clarify that a Hearing Officer cannot ex- Director to revise section 4.03(a)(1) to reflect erence to 2 U.S.C. § 1979 was an effort to use pand a complainant’s time to file a com- the General Counsel’s practice of providing an established definition of security infor- plaint—and that a complaint that would oth- advance notice of an inspection and the mation that applies to the Legislative erwise be time-barred under section 404 may scheduling of a pre-inspection opening con- Branch, rather than leaving it to the OOC to not be re-filed. ference. The current language requires that decide what is security information. A docu- While it is clear that a withdrawal of a the General Counsel provide a copy of the ment marked as classified or sensitive but complaint with or without prejudice cannot notice of violation to the employing office unclassified by the classifying or originating be used to extend the statutory time frame, ‘‘no later than at the time of inspection.’’ entity will be handled accordingly. the Executive Director has added language The commenter also asked the Executive Di- to the Adopted Rules indicating that the au- rector to revise section 4.06(a), which states SUBPART E—COMPLAINTS thority of the Hearing Officer is consistent that advance notice of inspections may not Commenters suggested deleting newly pro- with section 404 of the CAA. be given except under the situations listed in posed language in section 5.01(b)(1) that Section 5.03(h) was added in the Proposed (a)(1) through (4). The Executive Director would permit the Executive Director to re- Rules requiring a representative to provide agrees that the practice of the General Coun- turn a complaint that was filed prematurely, sufficient notice to the Hearing Officer and sel has defaulted to giving advance notice, as without prejudice. The commenters asserted the parties of his or her withdrawal in a mat- opposed to not giving advance notice. How- that the provision is unfair to employing of- ter, and clarifying that the employee will be ever, flexibility is still needed to inspect fices and places the Executive Director in considered pro se until another representa- without advance notice, usually for exigent the position of giving legal advice to com- tive has been designated in writing. Com- circumstances. In such situations, and under plainants. menters suggested that the Board define the 2004 Procedural Rules, the General Coun- The Office disagrees that allowing a complainant to cure a defect in their filing is im- what is meant by ‘‘sufficient’’ notice. sel need not first persuade an employing of- The Office recognizes that with respect to proper, and has added language giving the fice that the matter falls under an exception the conduct of a hearing, the Hearing Officer Executive Director discretion to return all to advance notice. is in the best position to determine what The commenter also suggested that the early filed Complaints to the complaining constitutes sufficient notice under the cir- Executive Director revise section 4.11 on Ci- employee for filing within the prescribed pe- cumstances, and so must have flexibility in tations to reflect other processes used by riod, and with an explanation of the applica- making determinations. Therefore, the Exec- OOC, such as the Serious Deficiency Notice ble time limits. It is clear that no complaint utive Director declines to make the changes and case reports, adding that the General will be processed until it is timely. Giving as requested. Counsel rarely issues citations and does not the Executive Director the discretion to re- issue de minimis violations. The commenter turn a complaint in these circumstances SUBPART F—DISCOVERY AND SUBPOENAS asked that the Executive Director change does not give the Executive Director the au- In general, several commenters asserted section 4.12 on Imminent Danger to include thority to process a complaint that is filed that Proposed Procedural Rules sections OOC’s use of the Serious Deficiency Notice; prematurely. 2.03(e)(l), 6.01(a), and 6.02(a) are invalid to the change section 4.14 to require the General In comments to section 5.01(g) of the pro- extent that they would limit the availability Counsel to notify the employing office that posed regulations, commenters suggested of OOC employees and records in the dis- it failed to correct a violation before the that a respondent be permitted to file a mo- covery process, because there is no statutory General Counsel files a complaint, rather tion to dismiss in lieu of an answer. They ex- basis for this evidentiary privilege. than having the notification be optional; and plained that the rule should give the Hearing The Executive Director believes that the change section 4.25 on applications for tem- Officer discretion to allow a respondent to CAA’s confidentiality requirements found in porary variances and other relief to include file a motion to dismiss in lieu of an answer. section 416 of the CAA confer upon the Office the Request for Modification of Abatement Otherwise, a party will be forced to waste re- the obligation to safeguard the confiden- process used by the General Counsel. sources responding to a complaint that may tiality of such information. Accordingly, to The suggested changes regarding notifica- be dismissed or significantly altered by a ensure that its intention to safeguard con- tion of inspections, citations, imminent dan- Hearing Officer’s ruling on the motion to dis- fidential information is clear, the Executive ger, notification before filing a complaint, miss. They conclude that filing a motion to Director declines to make any changes in the and applications for temporary variances/re- dismiss should suspend the obligation to file A Rules to these sections. quests for modification of abatement, were an answer. In the Proposed Rules section 6.01(b) lan- raised by the commenter, not in response to The Office declines to make this change in guage about initial disclosure was modified any changes the Executive Director proposed the Adopted Rules, believing that a direct re- to specify that information, including wit- in the NPRM. The Executive Director is sponse to the allegations is vital, and any ness lists and discovery documents, must be therefore reluctant to discuss them without party wishing to file a motion to dismiss in provided to the opposing party within 14 further notice and opportunity to comment addition to an answer may do so. While a days of a pre-hearing conference. A com- for all stakeholders. While the processes of motion to dismiss option was added to the menter suggested that this rule places an un- the General Counsel that have developed Proposed Procedural Rules because many fair burden on employing offices who should since 2004 in these areas are not wholly re- stakeholders indicated that they would like not be required to turn over witness lists and flected in the Procedural Rules, they are not to see it added, this language was not in- discovery documents without a request. inconsistent with the Rules or with the au- tended to replace the filing of an answer. The Office believes that, given the limited thorities granted to the General Counsel When there is no adverse action like a re- time between the filing of a complaint and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6364 CONGRESSIONAL RECORD — SENATE November 15, 2016 opening of the hearing, this requirement and service providers acting in their official provision has been deleted from the Adopted should be kept as proposed because it will capacities, and confidential case-related doc- Rules. promote the prompt and fair exchange of in- uments maintained by the OOC, cannot be Section 7.02(b)(4) of the Proposed Rules formation and reduce delay in the pro- subpoenaed. In addition, the rules clarify permits a Hearing Officer to dismiss a frivo- ceedings. This process should not pose an un- that employing offices must make their em- lous claim. One commenter suggested that fair burden on employing offices because of ployees available for discovery and hearings this rule be modified to make it clear that, the ready availability of the information to without a subpoena. One commenter re- when a respondent has moved to dismiss a the employing office. quested that an employing office only be reclaim on the grounds that it is frivolous, no One commenter expressed concern that the quired to make available witnesses under answer should be required to be filed and no changes proposed to section 6.01(c), permit their control during actual work hours and discovery taken ‘‘unless and until the mo- the parties to engage in ‘‘reasonable pre- work shifts on the day of the hearing and, tion is denied.’’ Another commenter sug- hearing discovery,’’ without defining what otherwise, that subpoenas be used. Another gested that allegations that a claim is frivo- types of discovery are reasonable, or the vol- commenter suggested the provision be re- lous be resolved through a motion to dis- ume of discovery that is appropriate, given vised to state: ‘‘Employing offices shall miss, referenced in section 5.01(g). the limited time involved in the process. The make reasonable efforts to make their man- As stated previously, the Executive Direc- language in the 2004 Procedural Rules, per- agement-level employees available for dis- tor is declining to delete the requirement mitting discovery only as authorized by the covery and hearing without requiring a sub- that an answer be filed in all complaint pro- Hearing Officer was more equitable because poena.’’ ceedings. Moreover, the Office recognizes the Hearing Officer had greater control over Often, the timing and pacing of a hearing that a claim alleging that a matter is frivo- the proceedings, and better ability to pre- depends on the availability of witnesses. The lous may always be subject to a motion to vent discovery abuses, or the use of delay Executive Director believes that it is impor- dismiss and the Hearing Officer has the dis- tactics. Additionally, application of the Fed- tant that the parties willingly commit to the cretion to move the case as appropriate. eral Rules of Civil Procedure to the types hearing process to ensure the most efficient Therefore, qualifying language need not be and volume of discovery may be helpful to and equitable outcome possible. By requiring included in these rules. In order to clarify the parties’ understanding of the process. employing offices to make their employees one point, the Office has added language in- This comment misapprehends the Hearing available without a subpoena, the purpose of dicating that a Hearing Officer may dismiss Officer’s authority. Section 405(e) of the CAA the Proposed Rule was to ensure that em- a claim, sua sponte, for the filing of a frivo- provides that ‘‘[r]easonable prehearing dis- ployees will be readily available when called lous claim. covery may be permitted at the discretion of as witnesses, therefore reducing the adminis- Some commenters noted that the CAA did the hearing officer.’’ The authority is there- trative burdens on the parties, the Hearing not authorize each of the remedies for failure fore permissive, not restrictive. It has al- Officer, and the Office. to maintain confidentiality under section ways been the policy of the Office to encour- 7.02(b)(5). While the Hearing Officer is au- SUBPART G—HEARINGS age early and voluntary exchange of relevant thorized to issue a decision under section 405, information and the Rules, as amended, As a general comment, one commenter the commenters note that Congress did not allow a hearing officer to authorize dis- stated that it was unclear what authority authorize remedies for breach of confiden- covery, but do not mandate it. under the CAA the Board of Directors was tiality. Accordingly, the Board of Directors One commenter suggested that section utilizing to authorize a Hearing Officer to of the Office of Compliance is required to 6.01(c)(1) be modified to state that, when a issue sanctions under sections 7.02 and seek a statutory correction should it desire motion to dismiss is filed, discovery is 7.12(b). The commenter maintained that to provide remedies for breach of confiden- stayed until the Hearing Officer has ruled on sanctions are not authorized under the CAA tiality. Where Congress sought to provide a the motion. and, thus, Procedural Rules incorporating remedy under the CAA, it specifically incor- The Executive Director declines to make substantive provisions are beyond the scope porated it. Compare 2 U.S.C. 1313(b), 2 U.S.C. this modification. As noted above, because of authority permitted under the CAA. The 1314(b), 2 U.S.C. 1317(b), and 2 U.S.C. 1331(c) the time frames in the hearing process are commenter further suggested that because incorporating a remedy provision with the limited, requiring that discovery be stayed sanctions provisions affect the rights of the absence of a remedy provision in 2 U.S.C. until there is a ruling on a motion to dismiss parties, they are substantive in nature and 1416. could take up valuable time. In any event, the appropriate avenue should a substantive For the reasons below, the Office declines the Hearing Officer should have the most sanctions provision be requested is to pursue to delete this section. The CAA does provide flexibility to make a decision to stay dis- a statutory amendment to the CAA. for sanctions and remedies for the failure to covery depending on the circumstances of The Executive Director disagrees. It is maintain confidentiality. Under the Office of each case. clear that a Hearing Officer has the ability Compliance Administrative and Technical Section 6.01(d)(1) of the Proposed Rules to use sanctions to run an orderly and proper Corrections Act of 2015, section 2 U.S.C. provides: ‘‘A party must make a claim for hearing. Moreover, the CAA provides this au- 1416(c) of the CAA was amended to: ‘‘The Ex- privilege no later than the due date for the thority. Thus, under section 405(d) of the ecutive Director shall notify each person production of the information.’’ One com- CAA, the Hearing Officer is required to con- participating in a proceeding or deliberation menter suggested that a claim for privilege duct the hearing in ‘‘accordance with the to which this subsection applies of the re- belongs to a party and cannot be waived ex- principles and procedures set forth in section quirements of this subsection and of the sanc- cept by the party. Thus, section 6.01(d)(1) 554 through 557 of title 5.’’ Specifically, tions applicable to any person who violates the cannot place a limitation on a party’s right under 5 U.S.C.557: ‘‘The record shall show the requirements of this subsection.’’ (Emphasis to assert a privilege and would be incon- ruling on each finding, conclusion, or excep- added.) sistent with the inadvertent disclosure iden- tion presented. All decisions, including ini- Section 7.07 gives the Hearing Officer dis- tified in section 6.01(d)(2). As an example, the tial, recommended, and tentative decisions, cretion when a party fails to appear for hear- commenter notes that one may have inad- are a part of the record and shall include a ing. One commenter suggested that the rule vertently disclosed privileged information on statement of . . . the appropriate rule, order, be amended to require the complainant to the last day of discovery which would re- sanction, relief, or denial thereof.’’ Further, appear at hearings. quire that it be returned or destroyed in ac- under section 405(g) of the CAA, ‘‘the hearing The rule, as written, is intended to allow cordance with section 6.01(d)(2). However, if officer shall issue a written decision [that] the Hearing Officer discretion to determine the privilege was not asserted on the last shall . . . contain a determination of wheth- when the presence of a party is required for day of discovery, the Procedural Rules would er a violation has occurred and order such the proceeding to move forward. allow the opposing party to keep the inad- remedies as are appropriate pursuant to sub- With respect to sections 7.13(d) and (e), one vertently disclosed documents. Thus, by lim- chapter II of this chapter.’’ commenter noted that these sections ‘‘pur- iting the timing of the asserted privilege, a Another comment in this area pointed to port to limit the availability of interlocu- conflict is created between sections 6.01(d)(1) section 7.02(b)(1)(G) of the 2004 Rules that au- tory appeals’’, and section 8.01(e) purports to and 6.01(d)(2). thorizes a Hearing Officer to ‘‘order that the limit the availability of judicial review. Be- The Office is not attempting, by this rule, non-complying party, or the representative cause these issues should be addressed by to place a limit on a party’s right to assert advising that party, pay all or part of the at- substantive rulemaking, these proposed Pro- a privilege, but rather to ensure that if a torney’s fees and reasonable expenses of the cedural Rules are invalid and should not be party intends to assert a privilege it does so other party or parties or of the Office, caused adopted. in a timely way. Until a privilege is asserted, by such non-compliance, unless the Hearing These provisions are not substantive, but the assumption is that the information is Officer or the Board finds that the failure are procedural. Therefore no changes need to not privileged. Therefore, this rule is not in- was substantially justified or that other cir- be made. Thus, under the Proposed Rules, consistent with section 6.01(d)(2) that re- cumstances make an award of attorney’s fees the time within which to file an interlocu- quires that information that has been and/or expenses unjust.’’ tory appeal is described in section 7.13(b); claimed as privileged and inadvertently dis- The Office notes that because section 415 of section 7.13(c) provides the standards upon closed be returned or destroyed, even if dis- the CAA requires that only funds appro- which a Hearing Officer determines whether closed on the last day of discovery. priated to an account of the Office in the to forward a request for interlocutory review Section 6.02(a) was modified in the Pro- Treasury may be used for the payment of to the Board; and section 7.13(d) provides posed Rules to clarify that OOC employees awards and settlements under the CAA, this that the decision of the Hearing Officer to

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6365 forward or decline to forward a request for homa, 273 U.S. 257, 259–260 (1927); Bowles v. 2 U.S.C. § 1408, 1415(a). The Executive Direc- review is not appealable. The Office’s rule Wilke, 175 F.2d 35. 38–39 (7th Cir. 1949), the tor believes that the holding in Hamilton- permitting the Hearing Officer to determine commenter noted that the CAA ‘‘dem- Hayyim is contrary to the clear intent of the whether a question should be forwarded to onstrates a congressional mandate . . . to CAA which is to hold Legislative Branch em- the Board is consistent with judicial prac- end any employment action liability of that ploying offices, not Members, accountable tice, and the Board retains discretion wheth- respective Member’s personal office’’ at the for violations of specific labor and employer or not to entertain the appeal. Under 28 time the Member leaves office. Hamilton- ment laws. Because an employing office does USC 1292(b): Hayyim, 2014 WL 1227243 at *2.10 When a Hear- not cease to exist for purposes of suit under When a district judge, in making in a civil ing Officer becomes aware that a Member’s the CAA when a Member leaves office, the action an order not otherwise appealable personal office ceases to exist, the Rules Executive Director declines to make the change suggested. under this section,1 shall be of the opinion should provide that the Hearing Officer will that such order involves a controlling ques- dismiss the case, sua sponte. SUBPART I—OTHER MATTERS OF GEN- For the reasons stated herein, the Office tion of law as to which there is substantial ERAL APPLICABILITY disagrees with this interpretation and the ground for difference of opinion and that an One commenter stated that section 9.01(a) Executive Director declines to provide such immediate appeal from the order may mate- is unclear as to what is meant by a ‘‘decision a rule, leaving it to the Hearing Officer or rially advance the ultimate termination of of the Office.’’ If the procedural rule is Board to make the determination on the the litigation, he shall so state in writing in meant to be a decision of the Board of Direc- issue. An ‘‘employing office’’ does not cease such order. The Court of Appeals which tors of the Office of Compliance, the rule to exist when a Member resigns or otherwise would have jurisdiction of an appeal of such should be clarified. The definition of a final leaves office. The clear intent of the CAA is action may thereupon, in its discretion, per- decision of the Office can be found in sec- to subject the Legislative Branch to liability 2 3 mit an appeal to be taken from such order, if tions 405(g) and 406(e) of the CAA. There- for violation of federal employment laws, application is made to it within ten days fore no further revisions are necessary. not to subject Members personally to such li- There were comments to section 9.02(c)(2) after the entry of the order: Provided, how- ability. 2 U.S.C. § 1302. Moreover, a Member of the Proposed Rules asking for clarifica- ever, that application for an appeal here- is not directly involved in the litigation, as tion of the circumstances under which the under shall not stay proceedings in the dis- Congress’s attorneys defend the action and Office or a Hearing Officer would initiate trict court unless the district judge or the have the ultimate authority to make litiga- settlement discussions once the mediation Court of Appeals or a judge thereof shall so tion decisions. Id. § 1408(d). Additionally, period has ended. The Office sees no reason order. there is no financial risk to a Member, as to change the language. As there are many There were several comments on section any monetary settlement or award is paid situations that can come up in hearing 7.15(a) of the Proposed Regulations regarding from a statutory fund. Id. § 1415(a). where a Hearing Officer may conclude that the closing of the record of the hearing. One Courts considering this issue have reached the parties are interested in discussing set- commenter noted that the OOC should iden- this same conclusion. In Hanson v. Office of tlement, the decision as to whether to ini- tify what factors or guidance a Hearing Offi- Senator Mark Dayton, 535 F. Supp. 2d 25 tiate settlement discussions should be left up cer must follow in determining the amount (D.D.C. 2008), the court found no ambiguity to the Office or Hearing Officer as cir- of time that the record is to remain open. as to the meaning of the term ‘‘employing cumstances dictate. Another commenter objected to allowing any office’’ and opined that although the CAA de- One commenter noted that Proposed Pro- documents to be entered into the record fines ‘‘employing office’’ as the personal of- cedural Rule § 9.03(d) would give the Execu- after the close of a hearing. fice of a Member, there is absolutely no indi- tive Director sole authority to resolve al- A complete record is essential to a deter- cation in the CAA or elsewhere that Con- leged violations of settlement agreements, in mination by the Hearing Officer. The Hear- gress intended the naming device to insulate the event that the parties do not agree on a ing Officer is in the best position to deter- former Congressional offices from suit under method for resolving disputes. There is noth- mine how long the record should be kept the CAA. The court therefore expressly held ing in the CAA that gives the Executive Di- open and what information is most relevant that the expiration of a Senator’s term did rector the authority to resolve contractual to creating a complete record upon which to not moot or abate the lawsuit. Indeed, the disputes, and this rule should not be adopted. issue a decision. Because the Hearing Officer term ‘‘employing office’’ is merely ‘‘an orga- The Office notes that the rule specifically should be accorded appropriate discretion, nizational division within Congress, estab- states that the Office may provide assistance the Executive Director sees no reason to lished for Congress’s administrative conven- in resolving the dispute, including the serv- make the changes noted. ience, analogous to a department within a ices of a mediator and that allegations of a There were several comments to section large corporation’’ and the term exists solely breach of a settlement will be reviewed, in- 7.16 concerning sufficient time to respond to ‘‘to be named as a defendant in [CAA] ac- vestigated, or mediated as appropriate. It motions. One commenter recommended that tions.’’ Fields v. Office of Eddie Bernice John- does not say that the Executive Director will a provision be added to the Rules stating son, 459 F. 3d 1, 27–29 (D.C. Cir. 2006); see resolve those alleged violations, but rather, that a Hearing Officer shall provide a party Bastien v. Office of Senator Ben Nighthorse assist the parties in doing so. One commenter noted that proposed Proce- at least two business days to respond to a Campbell, No. 01–cv–799, 2005 WL 3334359, at dural Rule § 9.04 states that, after a settle- written motion. Another commenter rec- *4, (D. Colo. Dec. 5, 2005) (‘‘[T]he term ‘em- ment agreement has been approved by the ommended that a rule be adopted that ex- ploying office’ actually refers to Congress Executive Director, ‘‘[n]o payment shall be pressly permits the hearing to be opened just and Congress is the responsible entity under made from such account until the time for for purposes of arguing a dispositive motion, the CAA.’’), quoted in 454 F.3d 1072, 1073 (10th appeal of a decision has expired.’’ This rule such as a motion to dismiss, thereby allow- Cir. 2006). should clarify that it does not apply to set- To the extent that the commenter dis- ing the parties to avoid spending time and tlements reached in the absence of a ‘‘deci- agrees with the above explanation and relies resources when a case can be dismissed be- sion’’ that may be appealed. cause it is frivolous or because it fails to on Hamilton-Hayyim v. Office of Congressman The Office has clarified section 9.04 in the state a claim. Jesse Jackson, Jr., No. 12–c–6392, 2014 WL Amended Rules and included language that The Executive Director does not believe 1227243 (N.D. Ill. Mar. 25, 2014), it is the belief indicates that this rule does not apply to sit- that any revisions are required to this sec- of the Office that the case misapplied clearly uations where a settlement has been reached tion. As the time frames under the CAA for established law as described above and and there is no decision that could be ap- the issuance of the decision of a Hearing Of- should not affect the Procedural Rules. Ham- pealed. ficer are very short (a decision must be ilton-Hayyim conflates the issue of successor EXPLANATION REGARDING THE TEXT OF THE issued within 90 days of the end of the hear- or continuing liability under Rule 25(d) of PROPOSED AMENDMENTS: ing), it is crucial that the Hearing Officer be the Federal Rules of Civil Procedure with accorded the most discretion in conducting the role of an ‘‘employing office’’ in a suit Material from the 2004 version of the Rules under the CAA. As grounds for its holding, is printed in roman type. The text of the the hearing. ƒ One commenter suggested that the Rules the court in Hamilton-Hayyim found that a adopted amendments shows deletions in italicized type within bold italics brackets≈ and include directions to Hearing Officers to sua suit against an employing office becomes Only subsections of sponte dismiss abated cases. The commenter moot or abates upon the resignation of a added text in underlined bold. the Rules that include adopted amendments maintained that when a Member of the Member because Congress did not statutorily are reproduced in this NOTICE. The inser- House of Representatives leaves office, the create successor liability which infers that tion of a series of small dots (.....) indi- Member’s personal office ceases to exist and ‘‘Congress certainly does not want to burden cates additional, un-amended text within a the case abates. Citing Hamilton-Hayyim v. a new Member with the liability of a former Office of Congressman Jackson, Case No. 12–C– Member.’’ Id. at *2. This rationale does not 6392, 2014 WL 1227243 (N.D. 111. Mar. 25, 2014); comport with the CAA. There is no burden 2 Section 405 Complaint and Hearing, (g) Decision. accord Oklahoma Natural Gas Co. v. Okla- on a new Member resulting from an existing ‘‘. . . If a decision is not appealed under section 1406 action against a former Member under the of this title to the Board, the decision shall be considered the final decision of the Office.’’ 1 Orders other than ‘‘[i]nterlocutory orders . . . CAA because the obligation to provide a 3 Section 406 Appeal to the Board, (e) Decision. granting, continuing, modifying, refusing or dis- legal defense rests with the Office of House ‘‘. . . A decision that does not require further pro- solving injunctions, or refusing to dissolve or mod- Employment Counsel and any resulting fi- ceedings before a hearing officer shall be entered in ify injunctions. . . .’’ nancial responsibility is paid through a fund. the records of the Office as a final decision.’’

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6366 CONGRESSIONAL RECORD — SENATE November 15, 2016 section has not been reproduced in this docu- resentatives, or another official designated suring that the Office always has their current postal ment. The insertion of a series of asterisks by the House of Representatives, or any em- mailing and e-mail addresses and FAX numbers. (*****) indicates that the un-amended ployment position in an entity that is paid ..... text of entire sections of the Rules have not with funds derived from the clerk-hire allow- (2) ƒMailing≈ By Mail. been reproduced in this document. For the ance of the House of Representatives, but ƒ(i) If mailed, including express, overnight text of other portions of the Rules which are not any such individual employed by any en- and other expedited delivery, a request for medi- not proposed to be amended, please access tity listed in subparagraphs ƒ(3)≈ (2) through ation or a complaint is deemed filed on the date the Office of Compliance web site at (9) of paragraph (b) above. of its receipt in the Office.≈ ƒ(ii) A document,≈ www.compliance.gov. (g) Employee of the Senate. The term ‘‘em- Documents, ƒother than a request for mediation, ADOPTED AMENDMENTS ployee of the Senate’’ includes any employee or a complaint, is≈ are deemed filed on the whose pay is disbursed by the Secretary of ƒ ≈ SUBPART A—GENERAL PROVISIONS date of its their postmark or proof of mail- the Senate, but not any such individual em- ing to the Office. Parties, including those § 1.01 Scope and Policy ployed by any entity listed in subparagraphs using franked mail, are responsible for en- § 1.02 Definitions (1) and (3) through (9) of paragraph (b) above. suring that any mailed document bears a § 1.03 Filing and Computation of Time (h) Employing Office. The term ‘‘employing postmark date or other proof of the actual § 1.04 ƒAvailability of Official Information≈ office’’ means: date of mailing. In the absence of a legible Filing, Service, and Size Limitations of Motions, postmark a document will be deemed timely Briefs, Responses and Other Documents ..... ƒ ≈ (4) the ƒCapitol Guide Service≈ Office of Con- filed if it is received by the Office at Adams § 1.05 Designation of Representative Signing Building, Room LA 200, 110 Second Street, of Pleadings, Motions and Other Filings; Violation gressional Accessibility Services, the Capitol Po- lice, the Congressional Budget Office, the Of- S.E., Washington, D.C. 20540–1999, by mail of Rules; Sanctions within five (5) days of the expiration of the § 1.06 ƒMaintenance of Confidentiality≈ Avail- fice of the Architect of the Capitol, the Of- fice of the Attending Physician, and the Of- applicable filing period. ability of Official Information (3) By FAX ƒFaxing Documents.≈ Documents ƒ ≈ fice of Compliance; or § 1.07 Breach of Confidentiality Provisions transmitted by FAX machine will be deemed Designation of Representative (5) for the purposes stated in paragraph ƒ(q)≈ of this section, the ƒGeneral Account- filed on the date received at the Office at (r) ƒ § 1.08 Confidentiality ing≈ Office and the 202–426–1913, or , in the case of any document Government Accountability ≈ § 1.01 Scope and Policy. Library of Congress to be filed or submitted to the General Counsel, on the date received at the Office of the Gen- These rules of the Office of Compliance ...... govern the procedures for consideration and eral Counsel at 202–426–1663 if received by 5:00 (j) Designated Representative. The term ‘‘designated resolution of alleged violations of the laws PM Eastern Time. Faxed documents received after representative’’ means an individual, firm, or other made applicable under Parts A, B, C, and D 5:00 PM Eastern Time will be deemed filed the fol- entity designated in writing by a party to represent the A FAX filing will be timely of title II of the Congressional Account- lowing business day. interests of that party in a matter filed with the Office. only if the document is received no later than ability Act of 1995. The rules include defini- 5:00 PM Eastern Time on the last day of the tions, procedures for counseling, mediation, ..... applicable filing period. Any party using a and for electing between filing a complaint —Re-letter subsequent paragraphs— FAX machine to file a document bears the with the Office of Compliance and filing a ƒ(o)≈(p) General Counsel. The term ‘‘General responsibility for ensuring both that the doc- civil action in a district court of the United Counsel’’ means the General Counsel of the ument is timely and accurately transmitted States . The rules also ad- under Part A of title II Office of Compliance and any authorized rep- and confirming that the Office has received a dress the procedures for compliance, investiga- resentative or designee of the General Counsel. facsimile of the document. ƒThe party or indi- tion, and enforcement under Part B of title II, ƒ(p)≈(q) Hearing Officer. The term ‘‘Hearing vidual filing the document may rely on its FAX ƒ ≈ variances and for compliance, investiga- Officer’’ means any individual ødesignated¿ status report sheet to show that it filed the doc- ƒ ≈ tion, and enforcement, and variance under appointed by the Executive Director to preside ument in a timely manner, provided that the ƒ ≈ Part C of title II. The rules include and proce- over a hearing conducted on matters within status report indicates the date of the FAX, the dures for the conduct of hearings held as a the Office’s jurisdiction. receiver’s FAX number, the number of pages in- result of the filing of a complaint and for ap- ƒ(q)≈(r) Coverage of the ƒGeneral Account- cluded in the FAX, and that transmission was peals to the Board of Directors of the Office ing≈ Government Accountability Office and the Li- completed.≈ The time displayed as received by the of Compliance from Hearing Officer deci- brary of Congress and their Employees. The Office on its FAX status report will be used to show sions, as well as other matters of general ap- term ‘‘employing office’’ shall include the the time that the document was filed. When the Office plicability to the dispute resolution process ƒGeneral Accounting≈ Government Accountability serves a document by FAX, the time displayed as sent and to the operations of the Office of Compli- Office and the Library of Congress, and the by the Office on its FAX status report will be used to ance. It is the policy of the Office that these term ‘‘covered employee’’ shall include em- show the time that the document was served. A FAX rules shall be applied with due regard to the ployees of the ƒGeneral Accounting≈ Govern- filing cannot exceed 75 pages, inclusive of table of con- rights of all parties and in a manner that ex- ment Accountability Office and the Library tents, table of authorities, and attachments. Attach- pedites the resolution of disputes. of Congress, for purposes of the proceedings ments exceeding 75 pages must be submitted to the § 1.02 Definitions. and rulemakings described in subparagraphs Office in person or by electronic delivery. The date of Except as otherwise specifically provided (1) and (2): filing will be determined by the date the brief, motion, in these rules, for purposes of this Part: ..... response, or supporting memorandum is received in the Office, rather than the date the attachments, were ..... § 1.03 Filing and Computation of Time received in the Office. (b) Covered Employee. The term ‘‘covered (a) Method of Filing. Documents may be (4) By Electronic Mail. Documents transmitted elec- employee’’ means any employee of filed in person, electronically, by facsimile (FAX), tronically will be deemed filed on the date received at ..... or by mail, including express, overnight and the Office at [email protected], or on the date (3) the ƒCapitol Guide Service≈ Office of Con- other expedited delivery. ƒWhen specifically received at the Office of the General Counsel at gressional Accessibility Services; requested by the Executive Director, or by a [email protected] if received by 5:00 PM Eastern (4) the Capitol Police; Hearing Officer in the case of a matter pending Time. Documents received electronically after 5:00 PM before the Hearing Officer, or by the Board of ..... Eastern Time will be deemed filed the following busi- Directors in the case of an appeal to the Board, ness day. An electronic filing will be timely only if the (9) for the purposes stated in paragraph (q) any document may also be filed by electronic of this section, the ƒGeneral Accounting≈ document is received no later than 5:00 PM Eastern transmittal in a designated format, with receipt Time on the last day of the applicable filing period. Government Accountability Office or the Library confirmed by electronic transmittal in the same of Congress. Any party filing a document electronically bears the format. Requests for counseling under section responsibility for ensuring both that the document is ..... 2.03, requests for mediation under section 2.04 timely and accurately transmitted and for confirming (d) Employee of the Office of the Architect of and complaints under section 5.01 of these rules that the Office has received the document. The time the Capitol. The term ‘‘employee of the Office may also be filed by facsimile (FAX) trans- displayed as received or sent by the Office will be of the Architect of the Capitol’’ includes any mission. In addition, the Board or a Hearing Of- based on the document’s timestamp information and employee of the Office of the Architect of ficer may order other documents to be filed by used to show the time that the document was filed or the Capitol, or the Botanic Garden ƒor the FAX. The original copies of documents filed by served. Senate Restaurants≈. FAX must also be mailed to the Office no later (b) Service by the Office. At its discretion, the Office (e) Employee of the Capitol Police. The term than the day following FAX transmission.≈ The may serve documents by mail, FAX, electronic trans- ‘‘employee of the Capitol Police’’ includes ci- filing of all documents is subject to the limi- mission, or personal or commercial delivery. vilian employees and any member or officer tations set forth below. The Board, Hearing Offi- ƒ(b)≈(c) Computation of Time. All time peri- of the Capitol Police. cer, the Executive Director, or the General Counsel ods in these rules that are stated in terms of (f) Employee of the House of Representatives. may, in their discretion, determine the method by days are calendar days unless otherwise The term ‘‘employee of the House of Rep- which documents may be filed in a particular pro- noted. However, when the period of time pre- resentatives’’ includes an individual occu- ceeding, including ordering one or more parties to use scribed is five (5) days or less, intermediate pying a position the pay for which is dis- mail, FAX, electronic filing, or personal delivery. Par- Saturdays, Sundays, ƒand≈ federal govern- bursed by the Clerk of the House of Rep- ties and their representatives are responsible for en- ment holidays, and other full days that the Office

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6367 is officially closed for business shall be excluded in Board, the Executive Director, or Hearing Offi- Executive Director has consulted with the the computation. To compute the number of cer may ƒwaive, raise or reduce≈ modify this individual filing the complaint at issue, and days for taking any action required or per- limitation upon motion and for good cause until a final decision has been entered under mitted under these rules, the first day shall shown; or on ƒits≈ their own initiative. Briefs, section 405(g) or 406(e) of the Act. be the day after the event from which the motions, responses, and supporting memo- ƒ§ 1.05≈ § 1.07 Designation of Representative. time period begins to run and the last day randa shall be on standard letter-size paper (a) ƒAn employee, other charging individual ″ ″ for filing or service shall be included in the (8-1/2 x 11 ). To the extent that such a filing exceeds or≈ A party ƒa witness, a labor organization, computation. When the last day falls on a 35 double-spaced pages, the Hearing Officer, Board, an employing office, or an entity alleged to be ƒ ≈ Saturday, Sunday, or federal government or Executive Director may, in their discretion, reject responsible for correcting a violation≈ wishing holiday, or a day the Office is officially closed, the the filing in whole or in part, and may provide the to be represented ƒby another individual,≈ last day for taking the action shall be the parties an opportunity to refile. must file with the Office a written notice of next regular federal government workday. ƒ§ 9.02≈ § 1.05 Signing of Pleadings, Motions designation of representative. No more than one ƒ(c)≈(d) Time Allowances for Mailing, Fax, or and Other Filings; Violation of Rules; Sanc- representative, ƒor≈ firm, or other entity may be des- Electronic Delivery of Official Notices. Whenever a tions. ignated as representative for a party for the purpose person or party has the right or is required (a) Signing. Every pleading, motion, and of receiving service, unless approved in writing by the to do some act within a prescribed period other filing of a party represented by an at- Hearing Officer or Executive Director. The rep- after the service of a notice or other docu- torney or other designated representative resentative may be, but is not required to be, ment upon him or her and the notice or doc- shall be signed by the attorney or represent- an attorney. If the representative is an attorney, he ument is served by ƒregular, first-class≈ mail, ative. A party who is not represented shall or she may sign the designation of representative on five (5) days shall be added to the prescribed sign the pleading, motion or other filing. In behalf of the party. period. ƒOnly two (2) days shall be added if a the case of an electronic filing, an electronic signature (b) Service Where There is a Representative. document is served by express mail or other form is acceptable. The signature of a representative ƒAll service≈ Service of documents shall be ƒdi- of expedited delivery.≈ When documents are or party constitutes a certificate by the rected to≈ on the representative unless and served by certified mail, return receipt re- signer that the signer has read the pleading, until such time as the represented ƒindividual, quested, the prescribed period shall be cal- motion, or other filing; that to the best of labor organization, or employing office≈ party or culated from the date of receipt as evidenced the signer’s knowledge, information, and be- representative, with notice to the party, ƒspecifies by the return receipt. When documents are lief formed after reasonable inquiry, it is otherwise and until such time as that indi- served electronically or by FAX, the prescribed period well grounded in fact and is warranted by ex- vidual, labor organization, or employing office≈ shall be calculated from the date of transmission by isting law or a good faith argument for the notifies the Executive Director, in writing, of the Office. ƒan amendment≈ a modification or revocation of ƒ(d) Service or filing of documents by certified extension, modification, or reversal of exist- the designation of representative. Where a mail, return receipt requested. Whenever these ing law, and that it is not interposed for any designation of representative is in effect, all rules permit or require service or filing of docu- improper purpose, such as to harass or to time limitations for receipt of materials ƒby ments by certified mail, return receipt requested, cause unnecessary delay or needless increase the represented individual or entity≈ shall be such documents may also be served or filed by in the cost of litigation. (b) Sanctions. If a pleading, motion, or other computed in the same manner as for those who express mail or other forms of expedited delivery filing is not signed, it shall be stricken un- are unrepresented ƒindividuals or entities≈, in which proof of date of receipt by the ad- less it is signed promptly after the omission with service of the documents, however, di- dressee is provided.≈ is called to the attention of the person who rected to the representativeƒ, as provided≈. ƒ ≈ § 9.01 § 1.04 Filing, Service, and Size Limita- is required to sign. If a pleading, motion, or (c) Revocation of a Designation of Representative. A tions of Motions, Briefs, Responses and other filing is signed in violation of this rule, revocation of a designation of representative, whether Other Documents. a Hearing Officer or the Board, as appro- made by the party or by the representative with notice (a) Filing with the Office; Number and Format. priate, upon motion or upon ƒits≈ their own to the party, must be made in writing and filed with One copy of requests for counseling and mediation, re- initiative, ƒshall≈ may impose ƒupon the per- the Office. The revocation will be deemed effective the quests for inspection under OSH, unfair labor practice son who signed it, a represented party, or both,≈ date of receipt by the Office. At the discretion of the charges, charges under titles II and III of the ADA, an appropriate sanction, which may include Executive Director, General Counsel, Mediator, Hear- ƒone original and three copies of≈ all motions, ƒan order to pay to the other party or parties ing Officer, or Board, additional time may be pro- briefs, responses, and other documents must the amount of the reasonable expenses incurred vided to allow the party to designate a new representa- be filed ƒ,whenever required,≈ with the Office because of the filing of the pleading, motion, or tive as consistent with the Act. or Hearing Officer. ƒHowever, when a party other filing, including a reasonable attorney’s ƒ§ 1.06≈ § 1.08 ƒMaintenance of≈ Confiden- aggrieved by the decision of a Hearing Officer or fee. A Hearing Officer or the Board, as appro- tiality. a party to any other matter or determination re- priate, upon motion or its own initiative may (a) Policy.ƒIn accord with section 416 of the viewable by the Board files an appeal or other also impose an appropriate sanction, which may Act, it is the policy of≈ Except as provided in sec- submission with the Board, one original and include≈ the sanctions specified in section tions 416(d), (e), and (f) of the Act, the Office ƒto≈ seven copies of any submission and any re- 7.02ƒ, for any other violation of these rules that shall maintainƒ, to the fullest extent possible, sponses must be filed with the Office. The Of- does not result from reasonable error≈. the≈ confidentiality in counseling, medi- fice, Hearing Officer, or Board may also request ƒ§ 1.04≈ § 1.06 Availability of Official Informa- ation, and in ƒof≈ the proceedings and delib- ≈ ƒ ≈ a A party to submit may file an electronic tion. erations of Hearing Officers and the Board in ac- version of any submission in a ƒdesignated≈ (a) Policy. It is the policy of the Board, the cordance with sections 416(a), (b), and (c) of the Act. format designated by the Executive Director, Gen- ƒOffice≈ Executive Director, and the General ƒof the participants in proceedings conducted eral Counsel, Hearing Officer, or Board, with re- Counsel, except as otherwise ordered by the under sections 402, 403, 405 and 406 of the Act ceipt confirmed by electronic transmittal in Board, to make available for public inspec- and these rules.≈ the same format. tion and copying final decisions and orders of (b) ƒAt the time that any individual, employ- (b) Service. The parties shall serve on each ing office or party, including a designated rep- other one copy of all motions, briefs, re- the Board and the Office, as specified and described in paragraph (d) below. resentative, becomes a participant in counseling sponses and other documents filed with the under section 402, mediation under section 403, Office, other than the request for counseling, ..... the complaint and hearing process under section (c) Copies of Forms. Copies of blank forms the request for mediation and complaint. 405, or an appeal to the Board under section 406 prescribed by the Office for the filing of com- Service shall be made by mailing, by fax or e- of the Act, or any related proceeding, the Office plaints and other actions or requests may be mailing, or by hand delivering a copy of the will advise the participant of the confidentiality obtained from the Office motion, brief, response or other document to or on line at requirements of section 416 of the Act and these . each party, or if represented, the party’s rep- www.compliance.gov rules and that sanctions may be imposed for a resentative, on the service list previously ..... violation of those requirements.≈ Participant. For provided by the Office. Each of these docu- (f) Access by Committees of Congress. ƒAt the the purposes of this rule, participant means an indi- ments must be accompanied by a certificate discretion of the Executive Director, the≈ The vidual or entity who takes part as either a party, wit- of service specifying how, when and on whom Executive Director, at his or her discretion, may ness, or designated representative in counseling under service was made. It shall be the duty of provide to the ƒCommittee on Standards of Of- Section 402 of the Act, mediation under section 403, each party to notify the Office and all other ficial Conduct of the House of Representatives≈ the complaint and hearing process under section 405, parties in writing of any changes in the House Committee on Ethics and the ƒSelect Com- or an appeal to the Board under Section 406 of the names or addresses on the service list. mittee on Ethics of the Senate≈ U.S. Senate Select Act, or any related proceeding which is expressly or ..... Committee on Ethics access to the records of the by necessity deemed confidential under the Act or (d) Size Limitations. Except as otherwise hearings and decisions of the Hearing Offi- these rules. specified ƒby the Hearing Officer, or these cers and the Board, including all written and (c) Prohibition. Unless specifically authorized by the rules,≈ no brief, motion, response, or sup- oral testimony in the possession of the Of- provisions of the Act or by these rules, no participant porting memorandum filed with the Office fice. The identifying information in these in counseling, mediation or other proceedings made shall exceed 35 double-spaced pages, ƒor 8,750 records may be redacted at the discretion of confidential under Section 416 of the Act (‘‘confiden- words,≈ exclusive of the table of contents, the Executive Director. The Executive Direc- tial proceedings’’) may disclose a written or oral com- table of authorities and attachments. The tor shall not provide such access until the munication that is prepared for the purpose of or that

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6368 CONGRESSIONAL RECORD — SENATE November 15, 2016 occurs during counseling, mediation, and the pro- fidential proceedings for the limited purposes of under section 406 of the Act. No sanctions may ceedings and deliberations of Hearing Officers and the investigating claims, ensuring compliance with be imposed under this section except for good Board. the Act or preparing its prosecution or defense, cause and the particulars of which must be stat- (d) Exceptions. Nothing in these rules prohibits a to the extent that such disclosure is reasonably ed in the sanction order.≈ party or its representative from disclosing information necessary to accomplish the aforementioned SUBPART B—PRE-COMPLAINT PROCEDURES AP- obtained in confidential proceedings when reasonably purposes and provided that the party making PLICABLE TO CONSIDERATION OF necessary to investigate claims, ensure compliance with the disclosure takes all reasonably appropriate ALLEGED VIOLATIONS OF PART A OF the Act or prepare its prosecution or defense. How- steps to ensure that persons to whom the infor- TITLE II OF THE CONGRESSIONAL ever, the party making the disclosure shall take all mation is disclosed maintain the confidentiality ACCOUNTABILITY ACT OF 1995 reasonably appropriate steps to ensure that persons to of such information. § 2.01 Matters Covered by Subpart B whom the information is disclosed maintain the con- (c) Participant. For the purposes of this rule, § 2.02 Requests for Advice and Information fidentiality of such information. These rules do not participant means any individual or party, in- § 2.03 Counseling preclude a Mediator from consulting with the Office cluding a designated representative, that be- § 2.04 Mediation with permission from the party that is the subject of comes a participant in counseling under section § 2.05 Election of Proceedingƒs≈ the consultation, except that when the covered em- 402, mediation under section 403, the complaint § 2.06 ƒFiling of Civil Action≈ Certification of the ployee is an employee of the Office a Mediator shall and hearing process under section 405, or an ap- Official Record not consult with any individual within the Office who peal to the Board under section 406 of the Act, § 2.07 Filing of Civil Action might be a party or witness. These rules do not pre- or any related proceeding which is expressly or § 2.01 Matters Covered by Subpart B. clude the Office from reporting statistical information by necessity deemed confidential under the Act or these rules. (a) These rules govern the processing of to the Senate and House of Representatives. any allegation that sections 201 through 206 (e) Contents or Records of Confidential Proceedings. (d) Contents or Records of Confidential Pro- of the Act have been violated and any allega- For the purpose of this rule, the contents or records ceedings. For the purpose of this rule, the con- tion of intimidation or reprisal prohibited of counseling, mediation or other proceeding includes tents or records of counseling, mediation or under section 207 of the Act. Sections 201 the information disclosed by participants to the pro- other proceeding includes information disclosed through 206 of the Act apply to covered em- ceedings, and records disclosed by the opposing party, by participants to the proceedings, and records ployees and employing offices certain rights witnesses, or the Office. A participant is free to dis- disclosed by either the opposing party, witnesses and protections of the following laws: close facts and other information obtained from any or the Office. A participant is free to disclose source outside of the confidential proceedings. For ex- facts and other information obtained from any ..... ample, an employing office or its representatives may source outside of the confidential proceedings. (10) Chapter 35 (relating to veteran’s preference) of disclose information about its employment practices For example, an employing office or its rep- title 5, United States Code and personnel actions, provided that the information resentatives may disclose information about its (11) Genetic Information Nondiscrimination Act of was not obtained in a confidential proceeding. How- employment practices and personnel actions, 2008. ever, an employee who obtains that information in me- provided that the information was not obtained in a confidential proceeding. However, an em- (b) This subpart applies to the covered em- diation or other confidential proceeding may not dis- ployees and employing offices as defined in close such information. Similarly, information forming ployee who obtains that information in mediation or other confidential proceeding may not section 1.02(b) and (h) of these rules and any the basis for the allegation of a complaining employee activities within the coverage of sections 201 may be disclosed by that employee, provided that the disclose such information. Similarly, informa- through 206(a) and 207 of the Act and ref- information contained in those allegations was not ob- tion forming the basis for the allegation of a complaining employee may be disclosed by that erenced above in section 2.01(a) of these tained in a confidential proceeding. However, the em- rules. ploying office or its representatives may not disclose employee, provided that the information con- that information if it was obtained in a confidential tained in those allegations was not obtained in * * * * * proceeding. a confidential proceeding. However, the employ- § 2.03 Counseling. ing office or its representatives may not disclose (f) Sanctions. The Executive Director will advise all (a) Initiating a Proceeding; Formal Request participants in mediation and hearing at the time they that information if it was obtained a confiden- for Counseling.ƒIn order≈ To initiate a pro- become participants of the confidentiality require- tial proceeding. ceeding under these rules regarding an alleged ments of Section 416 of the Act and that sanctions (e) Violation of Confidentiality. Any com- violation of the Act, as referred to in section 2.01(a), may be imposed by the Hearing Officer for a violation plaint regarding a violation of the confiden- above, an employee shall file a written re- of those requirements. No sanctions may be imposed tiality provisions must be made to the Executive quest for counseling with the Officeƒ.≈ ƒre- except for good cause and the particulars of which Director no later than 30 days after the date of the alleged violation. Such complaints may be garding an alleged violation of the Act, as re- must be stated in the sanction order. ¿ referred by the Executive Director to a Hearing ferred to in section 2.01(a), above. Individuals ƒ§ 1.07 Breach of Confidentiality Provisions. Officer. The Hearing Officer is also authorized wishing to file a formal request for counseling may ƒ (a) In General. Section 416(a) of the CAA pro- to initiate proceedings on his or her own initia- call the Office for a form to use for this purpose. All vides that counseling under section 402 shall be tive, or at the direction of the Board, if the al- requests for counseling shall be confidential, strictly confidential, except that the Office and leged violation occurred in the context of Board unless the employee agrees to waive his or her a covered employee may agree to notify the em- proceedings. Upon a finding of a violation of right to confidentiality under section 2.03(e)(2), ≈ ploying office of the allegations. Section 416(b) the confidentiality provisions, the Hearing Offi- below. provides that all mediation shall be strictly con- cer, after notice and hearing, may impose an ap- (b) Who May Request Counseling. A covered fidential. Section 416(c) provides that all pro- propriate sanction, which may include any of employee who, in good faith, believes that he or ceedings and deliberations of Hearing Officers the sanctions listed in section 7.02 of these rules, she has been or is the subject of a violation and the Board, including any related records as well as any of the following: of the Act as referred to in section 2.01(a) shall be confidential, except for release of (1) an order that the matters regarding which may formally request counseling. records necessary for judicial actions, access by the violation occurred or any other designated (c) When, How and Where to Request Coun- certain committees of Congress, and, in accord- facts shall be taken to be established against the seling. A request for counseling must be in ance with section 416(f), publication of certain violating party for the purposes of the action in writing, and shall be filed pursuant to the re- final decisions. Section 416(c) does not apply to accordance with the claim of the other party; quirements of section 2.03(a) of these Rules proceedings under section 215 of the Act, but (2) an order refusing to allow the violating with the Office of Compliance at Room LA– does apply to the deliberations of Hearing Offi- party to support or oppose designated claims or 200, 110 Second Street, S.E., Washington, cers and the Board under section 215. See also defenses, or prohibiting him from introducing D.C. 20540–1999; FAX 202–426–1913; TDD 202– sections 1.06, 5.04, and 7.12 of these rules. designated matters in evidence; 426–1912, not later than 180 days after the al- (b) Prohibition. Unless specifically authorized (3) an order striking out pleadings or parts leged violation of the Act. by the provisions of the CAA or by order of the thereof, or staying further proceedings until the (d) ƒPurpose≈ Overview of the Counseling Pe- Board, the Hearing Officer or a court, or by the order is obeyed, or dismissing with or without riod. The Office will maintain strict confidentiality procedural rules of the Office, no participant in prejudice the action or proceedings or any part throughout the counseling period. The ƒpurpose of counseling, mediation or other proceedings made thereof, or rendering a judgment by default the≈ counseling period ƒshall≈ should be used: confidential under section 416 of the CAA against the violating party; to discuss the employee’s concerns and elicit (‘‘confidential proceedings’’) may disclose the (4) in lieu of any of the foregoing orders or in information regarding the matter(s) which contents or records of those proceedings to any addition thereto, the Hearing Officer shall re- the employee believes constitute a viola- person or entity, Nothing in these rules prohibits quire the party violating the confidentiality pro- tion(s) of the Act; to advise the employee of a bona fide representative of a party under sec- visions or the representative advising him, or his or her rights and responsibilities under tion 1.05 from engaging in communications with both, to pay, at such time as ordered by the the Act and the procedures of the Office that party for the purpose of participation in Hearing Officer, the reasonable expenses, in- under these rules; to evaluate the matter; the proceedings, provided that such disclosure is cluding attorney fees, caused by the violation, and to assist the employee in achieving an not made in the presence of individuals not rea- unless the Hearing Officer finds that the failure early resolution of the matter, if possible. sonably necessary to the representative’s rep- was substantially justified or that other cir- (e) Confidentiality and Waiver. resentation of that party. Moreover, nothing in cumstances make an award of expenses unjust. (1) Absent a waiver under paragraph 2, these rules prohibits a party or its representative Such an order shall be subject to review on ap- below, all counseling shall be kept strictly from disclosing information obtained in con- peal of the final decision of the Hearing Officer confidential and shall not be subject to discovery.

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6369 All participants in counseling shall be advised of the section 414 of the Act and section 9.05 of ƒ(ii)≈ (iv) After ƒhaving contacted the Office requirement for confidentiality and that disclosure of these rules, seek the approval of the Execu- and having utilized≈ using the ƒgrievance≈ in- information deemed confidential could result in sanc- tive Director. Nothing in this subsection, ternal procedures ƒof the Architect of the Cap- tions later in the proceedings. Nothing in these however, precludes the employee, the em- itol or of the Capitol Police≈, the employee rules shall prevent a counselor from con- ploying office or their representatives from may notify the Office that he or she wishes sulting with personnel within the Office con- reducing to writing any formal settlement. to return to the procedures under these cerning a matter in counseling, except that, (k) Duty to Proceed. An employee who initi- rules: when the person being counseled is an em- ates a proceeding under this part shall be re- (A) within 60 days after the expiration of ployee of the Office, the counselor shall not sponsible at all times for proceeding, regard- the period recommended by the Executive consult with any individual within the Office less of whether he or she has designated a Director, if the matter has not resulted in a who might be a party or witness without the representative, and shall notify the Office in writ- final decision or a decision not to proceed; or consent of the person requesting counseling. ing of any change in pertinent contact information, (B) within 20 days after service of a final Nothing contained in these rules shall pre- such as address, e-mail, fax number, etc. An em- decision or a decision not to proceed, resulting ƒ ≈ ƒ vent the Executive Director from compiling ployee, however, may withdraw from coun- from the grievance internal procedures of and publishing statistical information such as that re- seling once without prejudice to the employ- the Architect of the Capitol or of the Capitol Po- ≈ quired by Section 301(h)(3) of the Act, so long as ee’s right to reinstate counseling regarding lice Board . ƒ(iii)≈ The period during which the matter that statistical information does not reveal the same matter, provided that the request is pending in the internal grievance proce- the identity of ƒthe employees≈ an individual to reinstate counseling is in writing and is ƒre- dure shall not count against the time avail- employee ƒinvolved≈ or of an employing of- ceived in≈ filed with the Office not later than able for counseling or mediation under the ficeƒs≈ that ƒare≈ is the subject of a specific 180 days after the date of the alleged viola- Act. If the grievance is resolved to the em- request for counseling. tion of the Act and that counseling on a sin- ployee’s satisfaction, the employee shall so (2) ƒThe≈ In accord with section 416(a) of the Act, gle matter will not last longer than a total notify the Office within 20 days after the em- the employee and the Office may agree to of 30 days. ployee has received service of the final deci- waive confidentiality ƒof≈ during the coun- (l) Conclusion of the Counseling Period and sion resulting from the grievance procedure. seling process for the limited purpose of al- Notice. The Executive Director shall notify If no request to return to the procedures ƒcontacting the employing the employee in writing of the end of the lowing the Office under these rules is received within 60 days office≈ to ƒobtain information≈ counseling periodø,¿ by ƒcertified mail, return notify the employ- after the expiration of the period rec- ƒto be used in coun- receipt requested,≈ first class mail, ƒor by≈ per- ing office of the allegations ommended by the Executive Director the Of- seling the employee or to attempt a resolution of sonal delivery evidenced by a written receipt, . The Executive fice will issue a Notice of End of Counseling, any disputed matter(s).≈ Such a limited waiv- or electronic transmission ≈ Director, as part of the notification of the as specified in section 2.04(i) of these Rules. er must be written on the form supplied by (v) If a request to return to counseling is not made end of the counseling period, shall inform the Office and signed by both the counselor by the employee within the time periods outlined the employee of the right and obligation, and the employee. above, the Office will issue a Notice of the End of should the employee choose to pursue his or Counseling...... her claim, to file with the Office a request (g) ƒ ≈. (2) Notice to Employees who Have Not Ini- Role of Counselor in Defining Concerns for mediation within 15 days after receipt by The Counselor ƒ ≈ : tiated Counseling with the Office. When an may shall the employee of the notice of the end of the (1) obtain the name, home and office mail- employee of the Architect of the Capitol or counseling period. the Capitol Police raises in the internal pro- ing and e-mail addresses, and home and office (m) Employees of the Office of the Architect telephone numbers of the person being coun- cedures of the Architect of the Capitol or of of the Capitol and Capitol Police. ƒ ≈ seled; (1) Where an employee of the Office of the the Capitol Police Board an allegation (2) obtain the name and title of the per- Architect of the Capitol or of the Capitol Po- which may also be raised under the proce- son(s) whom the employee claims has en- lice requests counseling under the Act and dures set forth in this subpart, the Architect of the Capitol or the Capitol Police ƒBoard gaged in a violation of the Act, e-mail address, these rules, the Executive Director, in his or should≈ if known, and the employing office in which her sole discretion, may recommend that the shall, in accordance with the MOU with the advise the employee in writing that a this person(s) works; employee use the ƒgrievance≈ internal proce- Office, ..... dures of the Architect of the Capitol or the request for counseling about the allegation must be initiated with the Office within 180 (5) obtain the name, business and e-mail ad- Capitol Police pursuant to a Memorandum of Un- days after the alleged violation of law oc- dresses, and telephone number of the employ- derstanding (MOU) between the Architect of the Cap- curred if the employee intends to use the ee’s representative, if any, and whether the itol and the Office or the Capitol Police and the Office procedures of the Office. representative is an attorney. addressing certain procedural and notification require- (3) Notice in Final Decisions when Employ- ƒ(i)≈(h) Counselor Not a Representative. The ments. The term ‘‘ƒgrievance≈ internal proce- ees Have Not Initiated Counseling with the Counselor shall inform the person being dure(s)’’ refers to any internal procedure of Office. When an employee raises in the inter- counseled that the counselor does not rep- the Architect of the Capitol and the Capitol nal procedures of the Architect of the Cap- resent either the employing office or the em- Police, including grievance procedures referred to in itol or of the Capitol Police ƒBoard≈ an alle- ployee. The Counselor provides information section 401 of the Act, that can provide a resolu- gation which may also be raised under the regarding the Act and the Office and may act as tion of the matter(s) about which counseling procedures set forth in this subpart, any a third-party intermediary with the goals of was requested. Pursuant to section 401 of the ƒfinal≈ decision issued ƒpursuant to the proce- increasing the individual’s understanding of Act ƒand by agreement with the Architect of dures of the Architect of the Capitol or of the his or her rights and responsibilities under the Capitol and the Capitol Police Board≈, Capitol Police Board should≈ under such proce- the Act and of promoting the early resolu- when the Executive Director makes such a dure, shall, pursuant to the MOU with the Office, in- tion of the matter. recommendation, the following procedures clude notice to the employee of his or her ƒ(j)≈(i) Duration of Counseling Period. The shall apply: period for counseling shall be 30 days, begin- (i) The Executive Director shall rec- right to initiate the procedures under these rules within 180 days after the alleged viola- ning on the date that the request for coun- ommend in writing to the employee that the tion occurred. seling is ƒreceived by the Office≈ filed by the em- employee use the ƒgrievance≈ internal proce- (4) Notice in Final Decisions when There ployee in accordance with section 1.03(a) of these dures of the Architect of the Capitol or of Has Been a Recommendation by the Execu- rules, unless the employee requests in writing on the Capitol Police, as appropriate, for a pe- tive Director. When the Executive Director a form provided by the Office to reduce the period riod generally up to 90 days, unless the Exec- has made a recommendation under para- and the ƒOffice≈ Executive Director agrees ƒto utive Director determines, in writing, that a graph 1 above, the Architect of the Capitol reduce the period≈. longer period is appropriate ƒfor resolution of or the Capitol Police ƒBoard should≈ shall, pur- ƒ(h)≈(j) Role of Counselor in Attempting In- the employee’s complaint through the grievance suant to the MOU with the Office, include with the formal Resolution. In order to attempt to re- procedures of the Architect of the Capitol or the final decision notice to the employee of his solve the matter brought to the attention of Capitol Police≈. Once the employee notifies the Of- or her right to resume the procedures under the counselor, the counselor must obtain a fice that he or she is using the internal procedure, the these rules within 20 days after service on waiver of confidentiality pursuant to section employee shall provide a waiver of confidentiality to the employee of the final decision and shall 2.03(e)(2) of these rules. If the employee exe- allow the Executive Director to notify the Architect of transmit a copy of the final decision, settle- cutes such a waiver, the counselor may: the Capitol or the Capitol Police that the Executive Di- ment agreement, or other final disposition of (1) conduct a limited inquiry for the pur- rector has recommended that the employee use the in- the case to the Executive Director. pose of obtaining any information necessary ternal procedure. to attempt an informal resolution or formal (ii) The period during which the matter is pending § 2.04 Mediation. settlement; in the internal procedure shall not count against the (a) øExplanation¿ Overview. Mediation is a (2) reduce to writing any formal settlement time available for counseling or mediation under the process in which employees, employing of- achieved and secure the signatures of the Act. fices and their representatives, if any, meet employee, his or her representative, if any, (iii) If the dispute is resolved to the employee’s satis- separately and/or jointly with a ƒneutral≈ and a member of the employing office who is faction, the employee shall so notify the Office within Mediator trained to assist them in resolving authorized to enter into a settlement on the 20 days after the employee has been served with a disputes. As ƒparties to≈ participants in the me- employing office’s behalf; and, pursuant to final decision resulting from the internal procedure. diation, employees, employing offices, and

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6370 CONGRESSIONAL RECORD — SENATE November 15, 2016 their representatives discuss alternatives to ate will also provide that the parties to the (k) Violation of Confidentiality in Mediation. An alle- continuing their dispute, including the possi- mediation will not seek to have the Coun- gation regarding a violation of the confidentiality pro- bility of reaching a voluntary, mutually sat- selor or the ƒneutral≈ Mediator participate, visions may be made by a party in a mediation to the isfactory resolution. The ƒneutral≈ Mediator testify or otherwise present evidence in any mediator during the mediation period and, if not re- has no power to impose a specific resolution, subsequent administrative action under section 405 or solved by agreement in mediation, to a hearing officer and the mediation process, whether or not a any civil action under section 408 of the Act during proceedings brought under Section 405 of the resolution is reached, is strictly confiden- or any other proceeding. Act tial, pursuant to section 416 of the Act. (g) Who May Participate. The covered em- (b) Initiation. Not more than 15 days after ployeeƒ,≈ and the employing officeƒ, their re- ..... receipt by the employee of the notice of the spective representatives, and the Office may § 2.05 Election of Proceeding. conclusion of the counseling period under meet, jointly or separately, with the neutral. A (a) Pursuant to section 404 of the Act, not section 2.03(l), the employee may file with representative of the employee and a representa- later than 90 days after ƒa covered employee the Office a written request for mediation. tive of the employing who has actual authority receives notice of≈ the end of mediation under Except to provide for the services of a Mediator and to agree to a settlement agreement on behalf of section 2.04(i) of these rules, but no sooner notice to the employing office, the invocation of medi- the employee or the employing office, as the case than 30 days after that date, the covered em- ation shall be kept confidential by the Office. The re- may be, must be present at the mediation or ployee may either: must be immediately accessible by telephone quest for mediation shall contain the em- ..... ployee’s name, address , during the mediation.≈ may elect to participate in home and e-mail es (2) file a civil action in accordance with ƒand≈ telephone number, and the name of mediation proceedings through a designated represent- section 408 of the Act and section ƒ2.06≈ 2.07, the employing office that is the subject of ative, provided, that the representative has actual au- below, in the United States ƒDistrict Court≈ the request. Failure to request mediation thority to agree to a settlement agreement or has im- district court for the district in which the em- within the prescribed period ƒwill≈ pre- mediate access to someone with actual settlement au- may ployee is employed or for the District of Co- clude the employee’s further pursuit of his or thority, and provided further, that should the Mediator lumbia. her claim. If a request for mediation is not filed deem it appropriate at any time, the physical presence within 15 days of receipt of a Notice of the End of in mediation of any party may be specifically re- ..... Counseling, the case may be closed and the employee quested. The Office may participate in the mediation (b) A covered employee who files a civil ac- will be so notified. process, with permission of the Mediator and the par- tion pursuant to section ƒ2.06≈ 408 of the Act, ties. The Mediator will determine, as best serves the may not thereafter file a complaint under ..... interests of mediation, whether the participants may ƒ ≈ (d) Selection of ƒNeutrals≈ Mediators; Disquali- section 5.01 405 of the Act on the same mat- meet jointly or separately with the Mediator. ter. fication. Upon receipt of the request for medi- (h) Informal Resolutions and Settlement ation, the Executive Director shall assign Agreements. At any time during mediation § 2.06 Certification of the Official Record ƒ ≈ one or more neutrals Mediators from a master the parties may resolve or settle a dispute in (a) Certification of the Official Record shall contain list developed and maintained pursuant to section 403 accordance with section ƒ9.05≈ 9.03 of these the date the Request for Counseling was made; the of the Act, to commence the mediation proc- rules. date and method of delivery the Notification of End of ess. In the event that a ƒneutral≈ Mediator (i) Conclusion of the Mediation Period and Counseling Period was sent to the complainant; the considers him or herself unable to perform in Notice. If, at the end of the mediation period, date the Notice was deemed by the Office to have been a neutral role in a given situation, he or she the parties have not resolved the matter received by the complainant; the date the Request for shall withdraw from the matter and imme- that forms the basis of the request for medi- Mediation was filed; and the date the mediation pe- diately shall notify the Office of the with- ation, the Office shall provide the employee, riod ended. drawal. Any party may ask the Office to dis- and the employing office, and their rep- (b) At any time after a complaint has been filed qualify a ƒneutral≈ Mediator by filing a writ- resentatives, with written notice that the with the Office in accordance with section 405 of the ten request, including the reasons for such mediation period has concluded. The written Act and the procedure set out in section 5.01, below; request, with the Executive Director. This notice ƒto the employee≈ will be ƒsent by cer- or a civil action filed in accordance with section 408 request shall be filed as soon as the party tified mail, return receipt requested, or will be≈ of the Act and section 2.07, below, in the United States has reason to believe there is a basis for dis- personally delivered evidenced by a written District Court, a party may request and receive from qualification. The Executive Director’s deci- receipt, or sent by first class mail, e-mail, or fax. ƒ, the Office Certification of the Official Record. sion on this request shall be final and and it≈ The notice will specify the date the mediation (c) Certification of the Official Record will not be unreviewable. period ended and also ƒnotify≈ provide information provided until after a complaint has been filed with (e) Duration and Extension. about the employee’s ƒof his or her≈ right to the Office or the Office has been notified that a civil ..... elect to file a complaint with the Office in action has been filed in district court. (2) The ƒOffice≈ Executive Director may ex- accordance with section 405 of the Act and § ƒ2.06≈ 2.07 Filing of Civil Action. tend the mediation period upon the joint section 5.01 of these rules or to file a civil ac- written request of the parties, or of the ap- tion pursuant to section 408 of the Act and ..... (c) Communication Regarding Civil Actions pointed mediator on behalf of the partiesƒ, to section ƒ2.06≈ 2.07 of these rules. Filed with District Court. The party filing any the attention of the Executive Director≈. The (j) Independence of the Mediation Process civil action with the United States District request shall be written and filed with the and the ƒNeutral≈ Mediator. The Office will Court pursuant to sections 404(2) and 408 of ƒOffice≈ Executive Director no later than the maintain the independence of the mediation the Act shall provide a written notice to the last day of the mediation period. The request process and the ƒneutral≈ Mediator. No indi- Office that the party has filed a civil action, shall set forth the joint nature of the request vidual, who is appointed by the Executive specifying the district court in which the and the reasons therefore, and specify when Director to mediate, may conduct or aid in a civil action was filed and the case number. the parties expect to conclude their discus- hearing conducted under section 405 of the sions. Requests for additional extensions Act with respect to the same matter or shall Failure to notify the Office that such action has been may be made in the same manner. Approval be subject to subpoena or any other compul- filed may result in delay in the preparation and re- of any extensions shall be within the sole sory process with respect to the same mat- ceipt of the Certification of the Official Record. discretion of the ƒOffice≈ ter. SUBPART C—øRESERVED (SECTION 210—ADA PUBLIC Executive Director. ¿ (f) Procedures. ƒ(k) Confidentiality. Except as necessary to SERVICES) (1) The ƒNeutral’s≈ Mediator’s Role. After as- consult with the parties, the parties’ their coun- SUBPART D—COMPLIANCE, INVESTIGATION, EN- ƒ ≈ sel or other designated representatives, the par- FORCEMENT AND VARIANCE PROC- signment of the case, the neutral Mediator ESS UNDER SECTION 215 OF THE will promptly contact the parties. The ƒneu- ties to, the mediation, the neutral and the Office CAA (OCCUPATIONAL SAFETY AND tral≈ Mediator has the responsibility to con- shall not disclose, in whole or in part, any in- HEALTH ACT OF 1970)—INSPEC- duct the mediation, including deciding how formation or records obtained through, or pre- TIONS, CITATIONS, AND COM- many meetings are necessary and who may pared specifically for, the mediation process. PLAINTS participate in each meeting. The ƒneutral≈ This rule shall not preclude a neutral from con- § 4.01 Purpose and Scope Mediator may accept and may ask the parties sulting with the Office, except that when the § 4.02 Authority for Inspection to provide written submissions. covered employee is an employee of the Office a § 4.03 Request for Inspections by Employees (2) The Agreement to Mediate. At the com- neutral shall not consult with any individual and Employing Offices mencement of the mediation, the ƒneutral≈ within the Office who might be a party or wit- § 4.04 Objection to Inspection Mediator will ask the ƒparties≈ participants and/ ness. This rule shall also not preclude the Office § 4.05 Entry Not a Waiver or their representatives to sign an agreement from reporting statistical information to the § 4.06 Advance Notice of Inspection prepared by the Office (‘‘the Agreement to Senate and House of Representatives that does § 4.07 Conduct of Inspections Mediate’’). The Agreement to Mediate will not reveal the identity of the employees or em- § 4.08 Representatives of Employing Offices set out the conditions under which medi- ploying offices involved in the mediation. All and Employees ation will occur, including the requirement parties to the action and their representatives § 4.09 Consultation with Employees that the participants adhere to the confiden- will be advised of the confidentiality require- § 4.10 Inspection Not Warranted; Informal Re- tiality of the process and a notice that a breach ments of this process and of the sanctions that view of the mediation agreement could result in sanctions might be imposed for violating these require- § 4.11 Citations later in the proceedings. The Agreement to Medi- ments.≈ § 4.12 Imminent Danger

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6371 § 4.13 Posting of Citations Any such requests shall be reduced to writ- fices are engaged in activities which are § 4.14 Failure to Correct a Violation for ing on a form available from the Office. physically dispersed, the citation may be Which a Citation Has Been Issued; Notice * * * * * posted at the location to which employees of Failure to Correct Violation; Com- report each day. Where employees do not pri- plaint § 4.10 Inspection Not Warranted; Informal Re- marily work at or report to a single location, § 4.15 Informal Conferences view. the citation may be posted at the location Rules of Practice for Variances, Limitations, Vari- (a) If the General Counsel’s designee deter- from which the employees operate to carry ations, Tolerances, and Exemptions mines that an inspection is not warranted out their activities. When a citation contains se- § 4.20 Purpose and Scope because there are no reasonable grounds to curity information as defined in Title 2 of the U.S. § 4.21 Definitions believe that a violation or danger exists with Code, section 1979, the General Counsel may edit or § 4.22 Effect of Variances respect to a notice of violation under section redact the security information from the copy of the § 4.23 Public Notice of a Granted Variance, 4.03(a), he or she shall notify the party giv- citation used for posting or may provide to the em- Limitation, Variation, Tolerance, or Ex- ing the notice ƒin writing≈ of such deter- ploying office a notice for posting that describes the al- emption mination in writing. The complaining party leged violation without referencing the security infor- § 4.24 Form of Documents may obtain review of such determination by mation. The employing office shall take steps § 4.25 Applications for Temporary Variances submitting and serving a written statement of to ensure that the citation or notice is not al- and other Relief position with the General Counselƒ,≈ and ƒ, tered, defaced, or covered by other material. § 4.26 Applications for Permanent Variances at the same time, providing≈ the employing of- Notices of de minimis violations need not be and other Relief fice ƒwith a copy of such statement by certified posted. § 4.27 Modification or Revocation of Orders mail≈. The employing office may submit and (b) Each citation, notice, or a copy thereof, § 4.28 Action on Applications serve an opposing written statement of posi- shall remain posted until the violation has § 4.29 Consolidation of Proceedings tion with the General Counselƒ,≈ and ƒ, at been abated, or for 3 working days, which- § 4.30 Consent Findings and Rules or Orders the same time, provide≈ the complaining party ever is later. The pendency of any pro- § 4.31 Order of Proceedings and Burden of ƒwith a copy of such statement by certified ceedings regarding the citation shall not af- Proof mail≈. Upon the request of the complaining fect its posting responsibility under this sec- party or the employing office, the General Inspections, Citations and Complaints tion unless and until the Board issues a final Counsel, at his or her discretion, may hold order vacating the citation. * * * * * an informal conference in which the com- ..... § 4.02 Authority for Inspection. plaining party and the employing office may orally present their views. After considering * * * * * (a) Under section 215(c)(1) of the CAA, upon all written and oral views presented, the § 4.15 Informal Conferences. written request of any employing office or General Counsel shall affirm, modify, or recovered employee, the General Counsel is au- verse the designee’s determination and fur- At the request of an affected employing of- thorized to enter without delay and at rea- nish the complaining party and the employ- fice, employee, or representative of employ- sonable times any place where covered employees ing office with written notification of this ees, the General Counsel may hold an infor- ƒ work (‘‘place of employment’’) of employment decision and the reasons therefor. The deci- mal conference for the purpose of discussing ≈ under the jurisdiction of an employing office ; sion of the General Counsel shall be final and any issues raised by an inspection, citation, to inspect and investigate during regular not reviewable. or notice issued by the General Counsel. Any working hours and at other reasonable settlement entered into by the parties at times, and within reasonable limits and in a ..... such conference shall be subject to the ap- reasonable manner, any such place of em- § 4.11 Citations. proval of the Executive Director under sec- ƒ ≈ ployment, and all pertinent conditions, (a) If, on the basis of the inspection, the tion 414 of the CAA and section 9.05 9.03 of structures, machines, apparatus, devices, General Counsel believes that a violation of these rules. If the conference is requested by equipment and materials therein; to ques- any requirement of section 215 of the CAA, the employing office, an affected employee tion privately any employing office, oper- ƒor of≈ including any occupational safety or health or the employee’s representative shall be af- ator, agent or employee; and to review standard promulgated by the Secretary of Labor forded an opportunity to participate, at the records maintained by or under the control of the under Title 29 of the U.S. Code, section 655, or of any discretion of the General Counsel. If the con- ƒ covered entity. required by the CAA and regula- other regulation ƒstandard≈, rule or order pro- ference is requested by an employee or rep- tions promulgated thereunder, and other records mulgated pursuant to section 215 of the CAA, resentative of employees, the employing of- which are directly related to the purpose of the has occurred, he or she shall issue to the em- fice shall be afforded an opportunity to par- ≈ inspection. ploying office responsible for correction of ticipate, at the discretion of the General Counsel. Any party may be represented by ..... the violation, ƒas determined under section 1.106 of the Board’s regulations implementing counsel at such conference. § 4.03 Requests for Inspections by Employees section 215 of the CAA,≈ either a citation or * * * * * and Covered Employing Offices. ƒ ≈ a notice of de minimis violations that have SUBPART E—COMPLAINTS (a) By Covered Employees and Representa- no direct or immediate relationship to has § 5.01 Complaints tives. safety or health. An appropriate citation or § 5.02 Appointment of the Hearing Officer (1) Any covered employee or representative notice of de minimis violations shall be § 5.03 Dismissal, Summary Judgment, and of covered employees who believes that a issued even though, after being informed of Withdrawal of Complaint violation of section 215 of the CAA exists in an alleged violation by the General Counsel, § 5.04 Confidentiality any place of employment ƒunder the jurisdic- the employing office immediately abates, or tion of employing offices≈ may request an in- initiates steps to abate, such alleged viola- § 5.01 Complaints. spection of such place of employment by giv- tion. Any citation shall be issued with rea- (a) Who May File. ing notice of the alleged violation to the sonable promptness after termination of the (1) An employee who has completed the me- General Counsel. Any such notice shall be re- inspection. No citation may be issued under diation period under section 2.04 may timely duced to writing on a form available from this section after the expiration of 6 months file a complaint with the Office alleging any the Office, shall set forth with reasonable following the occurrence of any alleged vio- violation of sections 201 through 207 of the particularity the grounds for the notice, and lation unless the violation is continuing or the em- Actƒ.≈, under the Genetic Information Non- shall be signed by the employee or the rep- ploying office has agreed to toll the deadline for filing discrimination Act, or any other statute made applica- resentative of the employees. A copy shall be the citation. ble under the Act. provided to the employing office or its agent (2) The General Counsel may timely file a by the General Counsel or the General Coun- ..... complaint alleging a violation of section 210, sel’s designee no later than at the time of in- * * * * * 215 or 220 of the Act. spection, except that, upon the written re- § 4.13 Posting of Citations. (b) When to File. quest of the person giving such notice, his or (1) A complaint may be filed by an em- (a) Upon receipt of any citation under sec- her name and the names of individual employee no sooner than 30 days after the date tion 215 of the CAA, the employing office ployees referred to therein shall not appear of receipt of the notice under section 2.04(i), shall immediately post such citation, or a in such copy or on any record published, re- but no later than 90 days after receipt of that copy thereof, unedited, at or near each place leased, or made available by the General notice. In cases where a complaint is filed with the an alleged violation referred to in the cita- Counsel. Office sooner than 30 days after the date of receipt of tion occurred, except as provided below. the notice under section 2.04(i), the Executive Director, ..... Where, because of the nature of the employ- at his or her discretion, may return the complaint to (b) By Employing Offices. Upon written re- ing office’s operations, it is not practicable the employee for filing during the prescribed period quest of any employing office, the General to post the citation at or near each place of without prejudice and with an explanation of the pre- Counsel or the General Counsel’s designee alleged violation, such citation shall be post- scribed period of filing. shall inspect and investigate places of em- ed, unedited, in a prominent place where it ployment ƒunder the jurisdiction of employing will be readily observable by all affected em- ..... offices≈ under section 215(c)(1) of the CAA. ployees. For example, where employing of- (c) Form and Contents.

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6372 CONGRESSIONAL RECORD — SENATE November 15, 2016 (1) Complaints Filed by Covered Employees. A § 5.02 Appointment of the Hearing Officer. courage the early and voluntary exchange of complaint shall be in writing and may be writ- Upon the filing of a complaint, the Execu- relevant and material nonprivileged information ten or typed on a complaint form available tive Director will appoint an independent between the parties, including the names and from the Office. All complaints shall be Hearing Officer, who shall have the author- addresses of witnesses and copies of relevant signed by the covered employee, or his or her ity specified in sections 5.03 and 7.01(b) and material documents, and to encourage representative, and shall contain the fol- below. The Hearing Officer shall not be the Hearing Officers to develop procedures which lowing information: Counselor involved in or the ƒneutral≈ Medi- allow for the greatest exchange of relevant and (i) the name, mailing and e-mail addresses, ator who mediated the matter under sections material information and which minimizes the and telephone number(s) of the complainant; 2.03 and 2.04 of these rules. need for parties to formally request such information.≈ ..... § 5.03 Dismissal, Summary Judgment and Within 14 days after the pre-hearing con- (v) a brief description of why the complain- Withdrawal of Complaints. ference or as soon as the information is known, and except as otherwise stipulated or ordered by the Hear- ant believes the challenged conduct is a vio- ..... lation of the Act or the relevant sections of the ing Officer, a party must, without awaiting a discovery (f) Withdrawal of Complaint by Complainant. request, provide to the other parties: the name and, if Genetic Information Nondiscrimination Act and the At any time a complainant may withdraw section(s) of the Act involved; known, mail and e-mail addresses and telephone num- his or her own complaint by filing a notice ber of each individual likely to have discoverable in- ..... with the Office for transmittal to the Hear- formation that the disclosing party may use to support (vii) the name, mailing and e-mail addresses, ing Officer and by serving a copy on the em- its claims or defenses; and a copy or a description by and telephone number of the representative, ploying office or representative. Any such category and location of all documents, electronically if any, who will act on behalf of the com- withdrawal must be approved by the Hearing stored information, and tangible things that the dis- plainant. Officer and may be with or without prejudice to closing party has in its possession, custody, or control (2) Complaints Filed by the General Counsel. refile at the Hearing Officer’s discretion, consistent and may use to support its claims or defenses. A complaint filed by the General Counsel with section 404 of the CAA. (c) Discovery Availability. Pursuant to sec- shall be in writing, signed by the General (g) Withdrawal of Complaint by the General tion 405(e) of the Act, the Hearing Officer in Counsel or his designee and shall contain the Counsel. At any time prior to the opening of his or her discretion may permit reasonable following information: the hearing the General Counsel may with- prehearing discovery. In exercising that dis- (i) the name, mail and e-mail addresses, if avail- draw his complaint by filing a notice with cretion, the Hearing Officer may be guided able, and telephone number of, as applicable, the Executive Director and the Hearing Offi- by the Federal Rules of Civil Procedure and (A) each entity responsible for correction of cer and by serving a copy on the respondent. the underlying statute. an alleged violation of section 210(b), (B) After opening of the hearing, any such with- (1) The ƒHearing Officer may authorize≈ par- each employing office alleged to have vio- drawal must be approved by the Hearing Of- ties may take discovery by one or more of the lated section 215, or (C) each employing officer and may be with or without prejudice to refile following methods: depositions upon oral ex- fice and/or labor organization alleged to have at the Hearing Officer’s discretion, consistent with sec- amination or written questions; written in- violated section 220, against which complaint tion 404 of the CAA. terrogatories; production of documents or is brought; (h) Withdrawal From a Case by a Representative. A things or permission to enter upon land or representative must provide sufficient notice to the ..... other property for inspection or other pur- Hearing Officer and the parties of record of his or her poses; physical and mental examinations; (e) Service of Complaint. Upon receipt of a withdrawal. Until the party designates another rep- and requests for admission. complaint or an amended complaint, the Of- resentative in writing, the party will be regarded as (2) The Hearing Officer may adopt standing fice shall serve the respondent, or its des- or make any order setting forth the ƒ pro se. orders ignated representative, by hand delivery or forms and extent of discovery, including or- certified mail≈ or first class mail, e-mail, or facsimile § 5.04 Confidentiality. Pursuant to section 416(c) of the Act, ex- ders limiting the number of depositions, in- with a copy of the complaint or amended terrogatories, and requests for production of complaint and ƒa copy of these rules≈ written cept as provided in sub-sections 416(d), (e) and (f), all proceedings and deliberations of documents, and may also limit the length of notice of the availability of these rules at depositions. www.compliance.gov. A copy of these rules may also Hearing Officers and the Board, including be provided if requested by either party. The Office any related records, shall be confidential...... shall include a service list containing the Section 416(c) does not apply to proceedings (d) Claims of Privilege. names and addresses of the parties and their under section 215 of the Act, but does apply (1) Information Withheld. Whenever a party designated representatives. to the deliberations of Hearing Officers and withholds information otherwise discover- (f) Answer. Within 15 days after receipt of a the Board under section 215. A violation of able under these rules by claiming that it is copy of a complaint or an amended com- the confidentiality requirements of the Act privileged or confidential or subject to pro- plaint, the respondent shall file an answer and these rules ƒcould≈ may result in the im- tection as hearing or trial preparation mate- with the Office and serve one copy on the position of procedural or evidentiary sanctions. rials, the party shall make the claim ex- complainant. ƒThe answer shall contain a ƒNothing in these rules shall prevent the Execu- pressly in writing and shall describe the nature statement of the position of the respondent on tive Director from reporting statistical informa- of the documents, communications or things each of the issues raised in the complaint or tion to the Senate and House of Representatives, not produced or disclosed in a manner that, amended complaint, including admissions, deni- so long as that statistical information does not without revealing the information itself als, or explanations of each allegation made in reveal the identity of the employees involved or privileged or protected, will enable other the complaint and any affirmative defenses or of employing offices that are the subject of a parties to assess the applicability of the other defenses to the complaint.≈ In answering a matter.≈ See also sections ƒ1.06≈ 1.08 ƒ1.07≈ privilege or protection. A party must make a complaint, a party must state in short and plain terms 1.09 and 7.12 of these rules. claim for privilege no later than the due date for the its defenses to each claim asserted against it and admit SUBPART F—DISCOVERY AND SUBPOENAS production of the information. (2) Information Pro- or deny the allegations asserted against it by an oppos- § 6.01 Discovery duced As Inadvertent Disclosure. If information pro- ing party. Failure to ƒfile an answer≈ deny an al- § 6.02 Requests for Subpoenas duced in discovery is subject to a claim of privilege or legation, other than one relating to the amount of § 6.03 Service of protection as hearing preparation material, the damages, or to raise a claim or defense as to § 6.04 Proof of Service party making the claim may notify any party that re- any allegation(s) shall constitute an admis- § 6.05 Motion to Quash ceived the information of the claim and the basis for sion of such allegation(s). Affirmative de- § 6.06 Enforcement it. After being notified, a party must promptly return, fenses not raised in an answer that could § 6.01 Discovery. (a) ƒExplanation≈ Descrip- sequester, or destroy the specified information and any have reasonably been anticipated based on tion. Discovery is the process by which a copies it has; must not use or disclose the information the facts alleged in the complaint shall be party may obtain from another person, in- until the claim is resolved; must take reasonable steps deemed waived. A respondent’s motion for cluding a party, information, not privileged, to retrieve the information if the party disclosed it be- leave to amend an answer to interpose a de- reasonably calculated to lead to the dis- fore being notified; and may promptly present the in- nial or affirmative defense will ordinarily be covery of admissible evidence, for the pur- formation to the Hearing Officer or the Board under granted unless to do so would unduly preju- pose of assisting that party in developing, seal for a determination of the claim. The producing dice the rights of the other party or unduly preparing and presenting its case at the party must preserve the information until the claim is delay or otherwise interfere with or impede hearing. No discovery, oral or written, by any party resolved. the proceedings. shall ƒThis provision shall not be construed to § 6.02 Request for Subpoena. (g) Motion to Dismiss. In addition to an answer, a permit any discovery, oral or written, to≈ be (a) Authority to Issue Subpoenas. At the re- respondent may file a motion to dismiss, or other re- taken of or from an employees of the Office of quest of a party, a Hearing Officer may issue sponsive pleading with the Office and serve one copy Compliance, ƒor the≈ Counselorƒ(s)≈, or Mediator subpoenas for the attendance and testimony on the complainant. Responses to any motions shall be ƒthe neutral(s) involved in counseling and medi- of witnesses and for the production of cor- in compliance with section 1.04(c) of these rules ation.≈, including files, records, or notes produced respondence, books, papers, documents, or (h) Confidentiality. The fact that a complaint has during counseling and mediation and maintained by other records. The attendance of witnesses been filed with the Office by a covered employee shall the Office. and the production of records may be re- be kept confidential by the Office, except as allowed (b) Initial Disclosure. ƒOffice Policy Regarding quired from any place within the United by these rules. Discovery. It is the policy of the Office to en- States. However, no subpoena requested by any

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6373 party may be issued for the attendance or tes- ure was substantially justified or that other cir- conference and the agreements made by the timony of an employee ƒwith≈ of the Office of cumstances make an award of attorney’s fees parties as to any of the matters considered Compliance, a Counselor or a Mediator, acting in and/or expenses unjust.≈ and which limits the issues to those not dis- their official capacity, including files, records, or notes (2) Failure to Prosecute or Defend. If a party posed of by admissions, stipulations, or agree- produced during counseling and mediation and main- fails to prosecute or defend a position, the ments of the parties. Such order, when en- tained by the Office. Employing offices shall make Hearing Officer may dismiss the action with tered, shall control the course of the pro- their employees available for discovery and hearing prejudice or ƒrule for the complainant≈ decide ceeding, subject to later modification by the without requiring a subpoena. the matter, where appropriate. Hearing Officer by his or her own motion or ...... upon proper request of a party for good cause shown. (d) Rulings. The Hearing Officer shall (4) Filing of frivolous claims. If a party files a frivo- promptly rule on the request for the subpoena. lous claim, the Hearing Officer may dismiss the claim, § 7.05 Scheduling the Hearing. * * * * * sua sponte, in whole or in part, with prejudice or de- ..... cide the matter for the party alleging the filing of the (b) Motions for Postponement or a Continu- SUBPART G—HEARINGS frivolous claim. ance. Motions for postponement or for a con- § 7.01 The Hearing Officer (5) Failure to maintain confidentiality. An allegation tinuance by either party shall be made in § 7.02 Sanctions regarding a violation of the confidentiality provisions writing to the ƒOffice≈ Hearing Officer, shall § 7.03 Disqualification of the Hearing Officer may be made to a Hearing Officer in proceedings set forth the reasons for the request, and § 7.04 Motions and Prehearing Conference under Section 405 of the CAA. If, after notice and shall state whether the opposing party con- § 7.05 Scheduling the Hearing hearing, the Hearing Officer determines that a party sents to such postponement. Such a motion § 7.06 Consolidation and Joinder of Cases has violated the confidentiality provisions, the Hearing may be granted by the Hearing Officer upon a § 7.07 Conduct of Hearing; Disqualification of Officer may: showing of good cause. In no event will a Representatives (A) direct that the matters related to the breach of hearing commence later than 90 days after § 7.08 Transcript confidentiality or other designated facts be taken as the filing of the complaint. § 7.09 Admissibility of Evidence established for purposes of the action, as the pre- § 7.06 Consolidation and Joinder of Cases. § 7.10 Stipulations vailing party claims; § 7.11 Official Notice (B) prohibit the party breaching confidentiality ..... § 7.12 Confidentiality from supporting or opposing designated claims or de- (b) Authority. The Executive Director prior to the § 7.13 Immediate Board Review of a Ruling by fenses, or from introducing designated matters in evi- assignment of a complaint to a Hearing Officer; a ƒ a Hearing Officer dence; Hearing Officer during the hearing; or the Board , ≈ § 7.14 Proposed Findings of Fact and Conclusions of (C) strike the pleadings in whole or in part; the Office, or a Hearing Officer during an appeal Law; Posthearing Briefs (D) stay further proceedings until the breach of con- may consolidate or join cases on their own § 7.15 Closing the Record of the Hearing fidentiality is resolved to the extent possible; initiative or on the motion of a party if to do § 7.16 Hearing Officer Decisions; Entry in (E) dismiss the action or proceeding in whole or in so would expedite processing of the cases and Records of the Office; Corrections to the part; or not adversely affect the interests of the par- Record; Motions to Alter, Amend or Vacate the (F) render a default judgment against the party ties, taking into account the confidentiality Decision. breaching confidentiality. requirements of section 416 of the Act. § 7.01 The Hearing Officer. (c) No sanctions may be imposed under this section § 7.07 Conduct of Hearing; Disqualification of ..... except for good cause and the particulars of which Representatives. (b) Authority. Hearing Officers shall con- must be stated in the sanction order...... duct fair and impartial hearings and take all * * * * * (c) No later than the opening of the hear- necessary action to avoid undue delay in the § 7.04 Motions and Prehearing Conference. ing, or as otherwise ordered by the Hearing disposition of all proceedings. They shall Officer, each party shall submit to the Hear- have all powers necessary to that end unless ..... ing Officer and to the opposing party typed otherwise limited by law, including, but not (b) Scheduling of the Prehearing Conference. lists of the hearing exhibits and the wit- limited to, the authority to: Within 7 days after assignment, the Hearing nesses expected to be called to testify, excluding Officer shall serve on the parties and their impeachment or rebuttal witnesses ƒ, expected ..... designated representatives written notice to be called to testify≈. (14) maintain and enforce the confidentiality setting forth the time, date, and place of the of proceedings; and prehearing conference, except that the Executive ..... (f) Failure of either party to appear, present wit- ..... Director may, for good cause, extend up to an additional 7 days the time for serving notice of the pre- nesses, or respond to an evidentiary order may result § 7.02 Sanctions. hearing conference. in an adverse finding or ruling by the Hearing Officer...... (c) Prehearing Conference Memoranda. The At the discretion of the Hearing Officer, the hearing (b) The Hearing Officer may impose sanc- Hearing Officer may order each party to pre- may also be held in the absence of the complaining tions upon the parties under, but not limited pare a prehearing conference memorandum. party if the representative for that party is present. ƒ(f)≈(g) If the Hearing Officer concludes to, the circumstances set forth in this sec- At his or her discretion, the Hearing Officer may di- that a representative of an employee, a wit- tion. rect the filing of the memorandum after discovery by ness, a charging party, a labor organization, (1) Failure to Comply with an Order. When a the parties has concluded. ƒThat≈ The memo- an employing office, or an entity alleged to party fails to comply with an order (includ- randum may include: be responsible for correcting a violation has ing an order for the taking of a deposition, ..... a conflict of interest, he or she may, after for the production of evidence within the (3) the specific relief, including, where known, giving the representative an opportunity to party’s control, or for production of wit- a calculation of ƒthe amount of≈ any monetary respond, disqualify the representative. In nesses), the Hearing Officer may: relief ƒ,≈ or damages that is being or will be that event, within the time limits for hear- ƒ(a)≈(A) draw an inference in favor of the requested; ing and decision established by the Act, the requesting party on the issue related to the (4) the names of potential witnesses for the affected party shall be afforded reasonable information sought; party’s case, except for potential impeachment time to retain other representation. ƒ(b)≈(B) stay further proceedings until the or rebuttal witnesses, and the purpose for order is obeyed; § 7.08 Transcript. which they will be called and a list of docu- ƒ(c)≈ prohibit the party failing to com- (C) ments that the party is seeking from the op- ..... ply with such order from introducing evi- posing party, and, if discovery was per- (b) Corrections. Corrections to the official dence concerning, or otherwise relying upon, mitted, the status of any pending request for transcript will be permitted. Motions for cor- evidence relating to the information sought; discovery. (It is not necessary to list each rection must be submitted within 10 days of ƒ(d)≈(D) permit the requesting party to in- ƒ ≈ document requested. Instead, the party may service of the transcript upon the party troduce secondary evidence concerning the refer to the request for discovery.); and parties. Corrections of the official transcript information sought; will be permitted only upon approval of the ƒ(e)≈(E) strike, in whole or in part, ƒany part ..... Hearing Officer. The Hearing Officer may of≈ the complaint, briefs, answer, or other (d) At the prehearing conference, the Hear- make corrections at any time with notice to submissions of the party failing to comply ing Officer may discuss the subjects specified the parties. with the order, as appropriate; in paragraph (c) above and the manner in ƒ(f)≈(F) direct judgment against the non- which the hearing will be conducted ƒand * * * * * complying party in whole or in part.ƒ; or≈ proceed≈. In addition, the Hearing Officer § 7.12 Confidentiality. ƒ(g) order that the non-complying party, or may explore settlement possibilities and (a) Pursuant to section 416 of the Act and the representative advising that party, pay all consider how the factual and legal issues section 1.08 of these Rules, all proceedings and or part of the attorney’s fees and reasonable ex- might be simplified and any other issues deliberations of Hearing Officers and the penses of the other party or parties or of the Of- that might expedite the resolution of the dis- Board, including the transcripts of hearings fice, caused by such non-compliance, unless the pute. The Hearing Officer shall issue an and any related records, shall be confiden- Hearing Officer or the Board finds that the fail- order, which recites the action taken at the tial, except as specified in sections 416(d), (e),

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6374 CONGRESSIONAL RECORD — SENATE November 15, 2016 and (f) of the Act and section 1.08(d) of these ƒ(i)≈(h) Review of a Final Decision. Denial of or easily correctible mistakes. The Hearing Officer Rules. All parties to the proceeding and their interlocutory review will not affect a party’s may do so on motion of the parties or on his or her representatives, and witnesses who appear at right to challenge rulings, which are other- own motion with or without advance notice. the hearing, will be advised of the impor- wise appealable, as part of an appeal to the (g) After a decision of the Hearing Officer has been tance of confidentiality in this process and Board under section 8.01 from the Hearing issued, but before an appeal is made to the Board, or of their obligations, subject to sanctions, to Officer’s decision issued under section 7.16 of in the absence of an appeal, before the decision be- maintain it. This provision shall not apply these rules. comes final, a party to the proceeding before the to proceedings under section 215 of the Act, § 7.14 Proposed Findings of Fact and Conclusions of Hearing Officer may move to alter, amend or vacate but shall apply to the deliberations of Hear- Law; Posthearing Briefs. the decision. The moving party must establish that re- ing Officers and the Board under that sec- lief from the decision is warranted because: (1) of mis- ƒ(a)≈ May be ƒFiled≈ Required. The Hearing tion. take, inadvertence, surprise, or excusable neglect; (2) Officer may ƒpermit≈ require the parties to file (b) Violation of Confidentiality. An allegation regard- there is newly discovered evidence that, with reason- proposed findings of fact and conclusions of law and/ ing a violation of confidentiality occurring during a able diligence, could not have been discovered in time or posthearing briefs on the factual and the hearing may be resolved by a Hearing Officer in pro- to move for a new hearing; (3) there has been fraud, ceedings under Section 405 of the CAA. After pro- legal issues presented in the case. ƒ(b) Length. No principal brief shall exceed 50 misrepresentation, or misconduct by an opposing viding notice and an opportunity to the parties to be party; (4) the decision is void; or (5) the decision has heard, the Hearing Officer, in accordance with section pages, or 12,500 words, and no reply brief shall exceed 25 pages, or 6,250 words, exclusive of ta- been satisfied, released, or discharged; it is based on 1.08(f) of these Rules, may make a finding of a viola- an earlier decision that has been reversed or vacated; tion of confidentiality and impose appropriate proce- bles and pages limited only to quotations of statutes, rules, and the like. Motions to file ex- or applying it prospectively is no longer equitable. The dural or evidentiary sanctions, which may include any motion shall be filed within 15 days after service of the of the sanctions listed in section 7.02 of these Rules. tended briefs shall be granted only for good cause shown; the Hearing Officer may in his or Hearing Officer’s decision. No response shall be filed § 7.13 Immediate Board Review of a Ruling by her discretion also reduce the page limits. Briefs unless the Hearing Officer so orders. The filing and a Hearing Officer. in excess of 10 pages shall include an index and pendency of a motion under this provision shall not ..... a table of authorities. relieve a party of the obligation to file a timely appeal (b) Time for Filing. A motion by a party for inter- (c) Format. Every brief must be easily read- or operate to stay the action of the Hearing Officer locutory review of a ruling of the Hearing Officer shall able. Briefs must have double spacing between unless so ordered by the Hearing Officer. be filed with the Hearing Officer within 5 days after each line of text, except for quoted texts and SUBPART H—PROCEEDINGS BEFORE THE BOARD service of the ruling upon the parties. The motion footnotes, which may be single-spaced.≈ § 8.01 Appeal to the Board shall include arguments in support of both interlocu- § 8.02 Reconsideration § 7.15 Closing the Record of the Hearing. tory review and the determination requested to be § 8.03 Compliance with Final Decisions, Re- made by the Board upon review. Responses, if any, (a) Except as provided in section 7.14, the quests for Enforcement shall be filed with the Hearing Officer within 3 days record shall be closed at the conclusion of § 8.04 Judicial Review after service of the motion. the hearing. However, when the Hearing Offi- § 8.05 Application for Review of an Executive Director ƒ(b)≈(c) Standards for Review. In deter- cer allows the parties to submit argument, Action mining whether to certify and forward a re- briefs, documents or additional evidence pre- § 8.06 Exceptions to Arbitration Awards quest for interlocutory review to the Board, viously identified for introduction, the record § 8.07 Expedited Review of Negotiability the Hearing Officer shall consider all of the will remain open for as much time as the Hearing Of- § 8.08 Procedures of the Board in Impasse Proceedings ficer grants for that purpose ƒadditional evidence following: § 8.01 Appeal to the Board...... previously identified for introduction, the Hear- ing Officer may allow an additional period be- (a) No later than 30 days after the entry of ƒ (c) Time for Filing. A motion by a party for the final decision and order of the Hearing Of- interlocutory review of a ruling of the Hearing fore the conclusion of the hearing as is nec- ≈ ficer in the records of the Office, an ag- Officer shall be filed with the Hearing Officer essary for that purpose . (b) Once the record is closed, no additional grieved party may seek review of that deci- within 5 days after service of the ruling upon evidence or argument shall be accepted into sion and order by the Board by filing with the parties. The motion shall include arguments the hearing record except upon a showing the Office a petition for review by the Board. in support of both interlocutory review and the that new and material evidence has become The appeal must be served on the opposing determination requested to be made by the available that was not available despite due party or its representative. Board upon review. Responses, if any, shall be diligence prior to the closing of the record filed with the Hearing Officer within 3 days or ..... ƒ ≈ after service of the motion.≈ it is in rebuttal to new evidence or argument sub- (3) Upon written delegation by the Board, (d) Hearing Officer Action. If all the condi- mitted by the other party just before the record In any case in which the Board has not rendered a de- ƒ ≈ tions set forth in paragraph ƒ(b)≈(c) above closed. However, the The Hearing Officer termination on the merits, the Executive Director ƒ are met, the Hearing Officer shall certify and shall also make part of the record any mo- is authorized to: determine any request for forward a request for interlocutory review to tions for attorney fees, supporting documenta- extensions of time to file any post-petition ≈ the Board for its immediate consideration. tion, and determinations thereon, and ap- for review document or submission with the Any such submission shall explain the basis proved correction to the transcript. Board ƒin any case in which the Executive Di- on which the Hearing Officer concluded that § 7.16 Hearing Officer Decisions; Entry in rector has not rendered a determination on the the standards in paragraph ø(b)¿(c) have been Records of the Office; Corrections to the merits,≈; determine any request for enlargement of met. The decision of the Hearing Officer to forward Record; Motions to Alter, Amend or Vacate the De- page limitation of any post-petition for review docu- or decline to forward a request for review is not ap- cision. ment or submission with the Board; or require proof of service where there are questions of proper service. pealable...... (e) Grant of Interlocutory Review Within ƒSuch delegation shall continue until revoked (b) The Hearing Officer’s written decision shall: Board’s Sole Discretion. by the Board.≈ Upon the Hearing Offi- (1) state the issues raised in the complaint; cer’s certification and decision to forward a request (2) describe the evidence in the record; ..... ƒ ≈ for review, T the Board, in its sole discretion, (3) contain findings of fact and conclusions of law, (d) Upon appeal, the Board shall issue a may grant interlocutory review. The Board’s and the reasons or bases therefore, on all the material written decision setting forth the reasons for decision to grant or deny interlocutory review is not issues of fact, law, or discretion that were presented on its decision. The Board may dismiss the appeal appealable. the record; or affirm, reverse, modify or remand the de- ..... (4) contain a determination of whether a violation cision and order of the Hearing Officer in ƒ(g) Denial of Motion not Appealable; Man- has occurred; and whole or in part. Where there is no remand damus. The grant or denial of a motion for a re- (5) order such remedies as are appropriate under the decision of the Board shall be entered in quest for interlocutory review shall not be ap- the CAA. the records of the Office as the final decision pealable. The Hearing Officer shall promptly ƒ(b)≈(c) Upon issuance, the decision and of the Board and shall be subject to judicial bring a denial of such a motion, and the reasons order of the Hearing Officer shall be entered review. therefor, to the attention of the Board. If, upon into the records of the Office. (e) The Board may remand the matter to consideration of the motion and the reason for ƒ(c)≈(d) The Office shall promptly provide a ƒthe≈ a Hearing Officer for further action or denial, the Board believes that interlocutory re- copy of the decision and order of the Hearing proceedings, including the reopening of the view is warranted, it may grant the review sua Officer to the parties. record for the taking of additional evidence. sponte. In addition, the Board may in its discre- ƒ(d)≈(e) If there is no appeal of a decision The decision by the Board to remand a case is not tion, in extraordinary circumstances, entertain and order of a Hearing Officer, that decision subject to judicial review under Section 407 of the Act. directly from a party a writ of mandamus to re- becomes a final decision of the Office, which The procedures for a remanded hearing shall be gov- view a ruling of a Hearing Officer.≈ is subject to enforcement under section 8.03 erned by subparts F, G, and H of these Rules. The ø(h)≈(g) Procedures before Board. Upon its of these rules. Hearing Officer shall render a decision or re- ƒacceptance of a ruling of the Hearing Officer (f) Corrections to the Record. After a decision of the port to the Board, as ordered, at the conclu- for≈ decision to grant interlocutory review, the Hearing Officer has been issued, but before an appeal sion of proceedings on the remanded mat- Board shall issue an order setting forth the is made to the Board, or in the absence of an appeal, ters. ƒUpon receipt of the decision or report, the procedures that will be followed in the con- before the decision becomes final, the Hearing Officer Board shall determine whether the views of the duct of that review. may issue an erratum notice to correct simple errors parties on the content of the decision or report

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE November 15, 2016 CONGRESSIONAL RECORD — SENATE S6375 should be obtained in writing and, where nec- forth the reasons why the petitioner believes (d) Size Limitations. Except as otherwise spec- essary, shall fix by order the time for the sub- enforcement is necessary. ified by the Hearing Officer or these rules, no mission of those views.≈ A decision of the ..... brief, motion, response, or supporting memo- Board following completion of the remand randum filed with the Office shall exceed 35 shall be entered in the records of the Office * * * * * pages, or 8,750 words, exclusive of the table of as the final decision of the Board and shall § 8.05 Application for Review of an Executive Director contents, table of authorities and attachments. be subject to judicial review under Section 407 Action. The Board, the Office, Executive Director, or of the Act. For additional rules on the procedures pertaining to Hearing Officer may waive, raise or reduce this ..... the Board’s review of an Executive Director action in limitation for good cause shown or on its own initiative. Briefs, motions, responses, and sup- (h) Record. The docket sheet, complaint and Representation proceedings, refer to Parts 2422.30–31 porting memoranda shall be on standard letter- any amendments, notice of hearing, answer of the Substantive Regulations of the Board, available size paper (8-1/2″ x 11″). and any amendments, motions, rulings, or- at www.compliance.gov. ders, stipulations, exhibits, documentary § 8.06 Expedited Review of Negotiability Issues. § 9.02 Signing of Pleadings, Motions and Other evidence, any portions of depositions admit- For additional rules on the procedures pertaining to Filings; Violation of Rules; Sanctions ted into evidence, docketed Memoranda for the the Board’s expedited review of negotiability issues, Every pleading, motion, and other filing of a Record, or correspondence between the Office and the refer to Part 2424 of the Substantive Regulations of party represented by an attorney or other des- parties, and the transcript of the hearing (to- the Board, available at www.compliance.gov. ignated representative shall be signed by the at- gether with any electronic recording of the § 8.07 Review of Arbitration Awards. torney or representative. A party who is not rep- hearing if the original reporting was per- For additional rules on the procedures pertaining to resented shall sign the pleading, motion or other formed electronically) together with the the Board’s review of arbitration awards, refer to Part filing. The signature of a representative or party Hearing Officer’s decision and the petition 2425 of the Substantive Regulations of the Board, constitutes a certificate by the signer that the for review, any response thereto, any reply available at www.compliance.gov. signer has read the pleading, motion, or other to the response and any other pleadings shall § 8.08 Procedures of the Board in Impasse Pro- filing; that to the best of the signer’s knowledge, constitute the record in the case. ceedings. information, and belief formed after reasonable inquiry, it is well grounded in fact and is war- ..... For additional rules on the procedures of the Board ranted by existing law or a good faith argument (j) An appellant may move to withdraw a petition in impasse proceedings, refer to Part 2471 of the Sub- for the extension, modification, or reversal of ex- for review at any time before the Board renders a de- stantive Regulations of the Board, available at isting law, and that it is not interposed for any cision. The motion must be in writing and submitted www.compliance.gov. improper purpose, such as to harass or to cause to the Board. The Board, at its discretion, may grant SUBPART I—OTHER MATTERS OF GENERAL AP- unnecessary delay or needless increase in the such a motion and take whatever action is required. PLICABILITY ƒ cost of litigation. If a pleading, motion, or other § 8.02 Reconsideration. § 9.01 Filing, Service and Size Limitations of Motions, Briefs, Responses and other Docu- filing is not signed, it shall be stricken unless it After a final decision or order of the Board ments. is signed promptly after the omission is called to has been issued, a party to the proceeding the attention of the person who is required to § 9.02 Signing of Pleadings, Motions and before the Board, who can establish in its sign. If a pleading, motion, or other filing is Other Filings; Violations of Rules; Sanc- moving papers that reconsideration is nec- signed in violation of this rule, a Hearing Offi- tions≈ essary because the Board has overlooked or cer or the Board, as appropriate, upon motion misapprehended points of law or fact, may ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs or upon its own initiative, shall impose upon the move for reconsideration of such final deci- ƒ§ 9.04≈ § 9.02 Ex parte Communications person who signed it, a represented party, or sion or order. The motion shall be filed with- ƒ§ 9.05≈ § 9.03 Informal Resolutions and Settlement both, an appropriate sanction, which may in- in 15 days after service of the Board’s deci- Agreements clude an order to pay to the other party or par- sion or order. No response shall be filed un- ƒ§ 9.06≈ § 9.04 Revocation, Amendment or Waiver of ties the amount of the reasonable expenses in- less the Board so orders. The filing and pend- Rules curred because of the filing of the pleading, mo- ency of a motion under this provision shall ƒ§ 9.01 Filing, Service, and Size Limitations of tion, or other filing, including a reasonable at- not relieve a party of the obligation to file a Motions, Briefs, Responses and Other Docu- torney’s fee. A Hearing Officer, the Executive timely appeal or operate to stay the action ments. Director, or the Board, as appropriate, upon of the Board unless so ordered by the Board. (a) Filing with the Office; Number. One origi- motion or its own initiative may also impose an The decision to grant or deny a motion for reconsider- nal and three copies of all motions, briefs, re- appropriate sanction, which may include the ation is within the sole discretion of the Board and is sponses, and other documents, must be filed, sanctions specified in section 7.02, for any other not appealable. whenever required, with the Office or Hearing violation of these rules that does not result from § 8.03 Compliance with Final Decisions, Re- Officer. However, when a party aggrieved by reasonable error.≈ quests for Enforcement. the decision of a Hearing Officer or a party to ƒ§ 9.03≈ § 9.01 Attorney’s Fees and Costs any other matter or determination reviewable by (a) Unless the Board has, in its discretion, (a) Request. No later than ƒ20≈ 30 days after the Board files an appeal or other submission stayed the final decision of the Office during the entry of a final ƒHearing Officer’s≈ deci- with the Board, one original and seven copies of the pendency of an appeal pursuant to sec- sion of the Office, ƒunder section 7.16, or after tion 407 of the Act, and except as provided in any submission and any responses must be filed service of a Board decision by the Office the with the Office. The Office, Hearing Officer, or sections 210(d)(5) and 215(c)(6) of the Act, a complainant, if he or she is a≈ the prevailing party required to take any action under the Board may also request a party to submit an partyƒ,≈ may submit to the Hearing Officer electronic version of any submission in a des- terms of a final decision of the Office shall or Arbitrator who ƒheard≈ decided the case ini- carry out its terms promptly, and shall with- ignated format, with receipt confirmed by elec- tially a motion for the award of reasonable in 30 days after the decision or order be- tronic transmittal in the same format. attorney’s fees and costs, following the form (b) Service. The parties shall serve on each comes final and goes into effect by its terms, specified in paragraph (b) below. ƒAll motions other one copy of all motions, briefs, responses provide the Office and all other parties to for attorney’s fees and costs shall be submitted and other documents filed with the Office, other the proceedings with a compliance report to the Hearing Officer.≈ The Hearing Officer or than the request for counseling, the request for specifying the manner in which compliance Arbitrator, after giving the respondent an op- mediation and complaint. Service shall be made with the provisions of the decision or order portunity to reply, shall rule on the motion. by mailing or by hand delivering a copy of the has been accomplished. If complete compli- Decisions regarding attorney’s fees and costs motion, brief, response or other document to ance has not been accomplished within 30 are collateral and do not affect the finality each party, or if represented, the party’s rep- days, the party required to take any such ac- or appealability of a final decision issued by resentative, on the service list previously pro- tion shall submit a compliance report speci- the ƒHearing Officer≈ Office. ƒA ruling on a mo- vided by the Office. Each of these documents, fying why compliance with any provision of tion for attorney’s fees and costs may be ap- must be accompanied by a certificate of service the decision or order has not yet been fully pealed together with the final decision of the specifying how, when and on whom service was accomplished, the steps being taken to as- Hearing Officer. If the motion for attorney’s fees made. It shall be the duty of each party to no- sure full compliance, and the anticipated is ruled on after the final decision has been tify the Office and all other parties in writing of date by which full compliance will be issued by the Hearing Officer, the ruling may be any changes in the names or addresses on the achieved. A party may also file a petition for attor- appealed in the same manner as a final deci- service list. ≈ neys fees and/or damages unless the Board has, in its (c) Time Limitations for Response to Motions sion, pursuant to section 8.01 of these Rules. (b) Form of Motion. In addition to setting discretion, stayed the final decision of the Office dur- or Briefs and Reply. Unless otherwise specified forth the legal and factual bases upon which ing the pendency of the appeal pursuant to Section 407 by the Hearing Officer or these rules, a party the attorney’s fees and/or costs are sought, a of the Act. shall file a response to a motion or brief within motion for an award of attorney’s fees and/or ..... 15 days of the service of the motion or brief costs shall be accompanied by: (d) To the extent provided in Section 407(a) of the upon the party. Any reply to such response Act and Section 8.04 of this section, the appropriate shall be filed and served within 5 days of the ..... ƒAny≈ party may petition the Board for en- service of the response. Only with the Hearing (3) the attorney’s customary billing rate forcement of a final decision of the Office or Officer’s advance approval may either party file for similar work with evidence that the rate is con- the Board. The petition shall specifically set additional responses or replies. sistent with the prevailing community rate for similar

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A15NO6.091 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6376 CONGRESSIONAL RECORD — SENATE November 15, 2016 services in the community in which the attorney ordi- ing Officer for a final decision. The procedures PARTMENT OF AGRICULTURE FOR PROMOTION WITHIN ƒ ≈ THE SENIOR FOREIGN SERVICE OF THE UNITED STATES narily practices; and for hearing and determining such complaints OF AMERICA, CLASS OF CAREER MINISTER: (4) an itemization of costs related to the shall be governed by subparts F, G, and H of DAVID CHARLES MILLER, OF WASHINGTON matter in questionƒ.≈; and these Rule.≈ allegations will be reviewed, inves- SCOTT S. SINDELAR, OF MINNESOTA (5) evidence of an established attorney-client rela- tigated or mediated by the Executive Director or des- THE FOLLOWING-NAMED CAREER MEMBER OF THE tionship. ignee, as appropriate. SENIOR FOREIGN SERVICE OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FOR PRO- ƒ§ 9.04≈ § 9.02 Ex parte Communications ø§ 9.06≈ § 9.04 Payments required pursuant to MOTION WITHIN THE SENIOR FOREIGN SERVICE OF THE Decisions, Awards, or Settlements under UNITED STATES OF AMERICA, CLASS OF CAREER MIN- (a) Definitions. ISTER: section 415(a) of the Act ..... ALEXANDER DICKIE IV, OF TEXAS Whenever a decision or award pursu- (3) For purposes of section ƒ9.04≈ 9.02 , the final THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN term proceeding means the complaint and ant to sections 405(g), 406(e), 407, or 408 of the SERVICE OF THE UNITED STATES AGENCY FOR INTER- Act, or an approved settlement pursuant to NATIONAL DEVELOPMENT FOR APPOINTMENT AS A FOR- hearing proceeding under section 405 of the EIGN SERVICE OFFICER, A CONSULAR OFFICER, AND A CAA, an appeal to the Board under section section 414 of the Act, require the payment SECRETARY IN THE DIPLOMATIC SERVICE OF THE 406 of the CAA, a pre-election investigatory of funds pursuant to section 415(a) of the Act, UNITED STATES OF AMERICA: hearing under section 220 of the CAA, and the decision, award, or settlement shall be MARVA MICHELLE BUTLER, OF TEXAS ADONIS MARIANO MATOS DE MELLO, OF FLORIDA any other proceeding of the Office estab- submitted to the Executive Director to be processed by the Office for requisition from THE FOLLOWING-NAMED CAREER MEMBERS OF THE lished pursuant to regulations issued by the SENIOR FOREIGN SERVICE OF THE UNITED STATES DE- Board under the CAA the account of the Office of Compliance in PARTMENT OF AGRICULTURE FOR PROMOTION WITHIN the Department of the Treasury, and pay- THE SENIOR FOREIGN SERVICE OF THE UNITED STATES ..... ment. No payment shall be made from such account OF AMERICA, CLASS OF MINISTER-COUNSELOR: (c) Prohibited Ex Parte Communications and until the time for appeal of a decision has expired, un- JEANNE F. BAILEY, OF ILLINOIS Exceptions. CLAY M. HAMILTON, OF TEXAS less a settlement has been reached in the absence of a BOBBY GENE RICHEY, JR., OF TEXAS ..... decision to be appealed. ERIC A. WENBERG, OF WYOMING (2) The Hearing Officer or the Office may initiate ƒ§ 9.07≈ § 9.05 Revocation, Amendment or THE FOLLOWING-NAMED CAREER MEMBERS OF THE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR attempts to settle a matter at any time. The parties Waiver of Rules FOREIGN SERVICE, AS A CAREER MEMBER OF THE SEN- may agree to waive the prohibitions against ex parte (a) The Executive Director, subject to the IOR FOREIGN SERVICE OF THE UNITED STATES OF communications during settlement discussions, and approval of the Board, may revoke or amend AMERICA, CLASS OF COUNSELOR: they may agree to any limits on the waiver. ALI ABDI, OF VIRGINIA these rules by publishing proposed changes MICHAEL LEO CONLON, OF VIRGINIA —Renumber subsequent paragraphs— in the Congressional Record and providing PAUL ALLEN SPENCER-MACGREGOR, OF VIRGINIA for a comment period of not less than 30 W. GARTH THORBURN II, OF FLORIDA ..... days. Following the comment period, any ROBERT HENRY HANSON, OF WISCONSIN ƒ§ 9.05≈ § 9.03 Informal Resolutions and Settle- THE FOLLOWING-NAMED CAREER MEMBERS OF THE changes to the rules are final once they are SENIOR FOREIGN SERVICE OF THE UNITED STATES ment Agreements. published in the Congressional Record. AGENCY FOR INTERNATIONAL DEVELOPMENT FOR PRO- (b) The Board or a Hearing Officer may MOTION WITHIN THE SENIOR FOREIGN SERVICE OF THE ..... UNITED STATES OF AMERICA, CLASS OF MINISTER- (b) Formal Settlement Agreement. The parties waive a procedural rule contained in this COUNSELOR: may agree formally to settle all or part of a Part in an individual case for good cause JIM NELSON BARNHART, JR., OF GEORGIA disputed matter in accordance with section shown if application of the rule is not re- ANDREW M. HERSCOWITZ, OF CALIFORNIA TERESA L. MCGHIE, OF NEVADA 414 of the Act. In that event, the agreement quired by law. THE FOLLOWING-NAMED CAREER MEMBERS OF THE shall be in writing and submitted to the Ex- f FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR ecutive Director for review and approval. The FOREIGN SERVICE, AS A CAREER MEMBER OF THE SEN- settlement is not effective until it has been approved ORDERS FOR WEDNESDAY, IOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUNSELOR: by the Executive Director. If the Executive Direc- NOVEMBER 16, 2016 HAVEN G. CRUZ-HUBBARD, OF MARYLAND tor does not approve the settlement, such Mr. MCCONNELL. Mr. President, I TIMOTHY J. DONNAY, OF VERMONT disapproval shall be in writing, shall set ask unanimous consent that when the JOSEPH L. DORSEY, OF VIRGINIA forth the grounds therefor, and shall render PETER WILLIAM DUFFY, OF NEW HAMPSHIRE Senate completes its business today, it JOHN L. DUNLOP, OF VIRGINIA the settlement ineffective. adjourn until 2:30 p.m., Wednesday, No- MICHAEL JAMES EDDY, OF MISSOURI (c) Requirements for a Formal Settlement GABRIEL F. GRAU, OF FLORIDA Agreement. A formal settlement agreement vember 16; that following the prayer ALER GRUBBS, OF INDIANA ANDREW DAVID HOLLAND, OF CALIFORNIA requires the signature of all parties or their and pledge, the morning hour be KAREN R. HUNTER, OF FLORIDA designated representatives on the agreement deemed expired, the Journal of pro- JENNIFER MARIE LINK, OF ILLINOIS document before the agreement can be sub- SANDRA K. MINKEL, OF NEVADA ceedings be approved to date, and the DIANE B. MOORE, OF NEW YORK mitted to the Executive Director for signature. time for the two leaders be reserved for THOMAS R. MORRIS, OF VIRGINIA A formal settlement agreement should not be sub- their use later in the day; finally, that MARGARET ELIZABETH ENIS SPEARS, OF MARYLAND mitted to the Executive Director for signature until the TANYA S. URQUIETA, OF SOUTH DAKOTA following leader remarks, the Senate ANNE N. WILLIAMS, OF MARYLAND appropriate revocation periods have expired. A formal settlement agreement cannot be re- resume consideration of the motion to IN THE AIR FORCE scinded after the signatures of all parties proceed to Calendar No. 543, S. 3110. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED have been affixed to the agreement, unless The PRESIDING OFFICER. Without STATES OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDICATED UNDER by written revocation of the agreement vol- objection, it is so ordered. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: untarily signed by all parties, or as other- f To be brigadier general wise permitted by law. (d) Violation of a Formal Settlement Agree- ADJOURNMENT UNTIL 2:30 P.M. COL. JOEL E. DEGROOT COL. CHRISTOPHER M. FAUX ment. If a party should allege that a formal TOMORROW COL. ROBERT J. GREGORY III settlement agreement has been violated, the COL. HENRY U. HARDER, JR. issue shall be determined by reference to the Mr. MCCONNELL. Mr. President, if COL. ERIC W. LIND formal dispute resolution procedures of the there is no further business to come be- COL. DAVID D. ZWART fore the Senate, I ask unanimous con- THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED agreement. Settlements should include specific dis- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE pute resolution procedures. If the ƒparticular≈ for- sent that it stand adjourned under the OF THE AIR FORCE TO THE GRADE INDICATED UNDER mal settlement agreement does not have a previous order. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: stipulated method for dispute resolution of There being no objection, the Senate, To be major general ƒ ≈ an alleged violation of the agreement , the at 6:49 p.m., adjourned until Wednes- BRIG. GEN. DAVID P. BACZEWSKI Office may provide assistance in resolving the dispute, day, November 16, 2016, at 2:30 p.m. BRIG. GEN. TIMOTHY J. CATHCART including the services of a Mediator at the discretion BRIG. GEN. BRIAN T. DRAVIS ƒ f BRIG. GEN. JAMES O. EIFERT of the Executive Director. the following dispute BRIG. GEN. RICHARD W. KELLY resolution procedure shall be deemed to be a NOMINATIONS BRIG. GEN. CHRISTOPHER J. KNAPP part of each formal settlement agreement ap- BRIG. GEN. JON K. MOTT Executive nominations received by BRIG. GEN. CLAYTON W. MOUSHON proved by the Executive Director pursuant to BRIG. GEN. KERRY L. MUEHLENBECK section 414 of the Act:≈ Where the settlement agree- the Senate: BRIG. GEN. HOWARD P. PURCELL BRIG. GEN. DAVID P. SAN CLEMENTE ment does not have a stipulated method for resolving THE JUDICIARY ƒ ≈ BRIG. GEN. MICHAEL R. TAHERI violation allegations, Any complaint an allegation BRIG. GEN. ROGER E. WILLIAMS, JR. ƒ ≈ ƒ RAINEY RANSOM BRANDT, OF THE DISTRICT OF CO- regarding of a violation of a formal settle- LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ment agreement≈ may be filed with the Execu- COURT OF THE DISTRICT OF COLUMBIA, VICE LEE F. STATES OFFICER FOR APPOINTMENT IN THE RESERVE tive Director, but no later than 60 days after SATTERFIELD, RETIRING. OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: the party to the agreement becomes aware of FOREIGN SERVICE ƒ To be major general the alleged violation. Such complaints may THE FOLLOWING-NAMED CAREER MEMBERS OF THE be referred by the Executive Director to a Hear- SENIOR FOREIGN SERVICE OF THE UNITED STATES DE- BRIG. GEN. JESSE T. SIMMONS, JR.

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THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BRIG. GEN. KURT S. CRYTZER IN THE COAST GUARD STATES OFFICERS FOR APPOINTMENT IN THE RESERVE BRIG. GEN. IVAN E. DENTON OF THE AIR FORCE TO THE GRADE INDICATED UNDER BRIG. GEN. JAMES C. ERNST THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIG. GEN. KEVIN R. GRIESE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- To be major general BRIG. GEN. MARK G. MALANKA DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): BRIG. GEN. ROY V. MCCARTY To be rear admiral (lower half) BRIG. GEN. DAVID M. MCMINN BRIG. GEN. BLAKE C. ORTNER BRIG. GEN. RONALD E. PAUL BRIG. GEN. CHRISTOPHER J. PETTY CAPT. MELVIN W. BOUBOULIS BRIG. GEN. JESSIE R. ROBINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. DONNA L. COTTRELL BRIG. GEN. STEVEN T. SCOTT CAPT. MICHAEL J. JOHNSTON IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- BRIG. GEN. RAYMOND F. SHIELDS, JR. CATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. ERIC C. JONES BRIG. GEN. BRYAN E. SUNTHEIMER CAPT. MICHAEL P. RYAN To be brigadier general BRIG. GEN. KIRK E. VANPELT BRIG. GEN. TIMOTHY J. WOJTECKI IN THE AIR FORCE COL. WILLIAM E. DICKENS, JR. BRIG. GEN. MICHAEL R. ZERBONIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING ARMY NATIONAL GUARD OF THE TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- FORCE UNDER TITLE 10, U.S.C., SECTION 624: CATED UNDER TITLE 10, U.S.C., SECTION 12203: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be major To be brigadier general To be brigadier general KIP T. AVERETT COL. KATHLEEN M. FLARITY MARTIN S. BARNES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. MARK A. PITERSKI SCOTT CHRISTOPHER BRILL IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING ARMY NATIONAL GUARD OF THE GARRELL D. CALTON CATED UNDER TITLE 10, U.S.C., SECTION 12203: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- MICHAEL JAMES CAREY SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ROMEO MARIO TOLENTINO CATUNGAL To be brigadier general TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOHN CHARLES CHOI COL. BRIAN K. BORGEN To be brigadier general JUSTIN P. COMBS COL. JEFFREY S. HINRICHS RACHEL E. DAVID COL. JAY D. JENSEN COL. ELLIS F. HOPKINS III KELVIN W. FRANCIS THOMAS E. FUSSELL, JR. COL. BRET C. LARSON THE FOLLOWING ARMY NATIONAL GUARD OF THE PIOTR J. GAJDA COL. TODD J. MCCUBBIN UNITED STATES OFFICERS FOR APPOINTMENT IN THE MARK R. JUCHTER COL. PATRICE A. MELANCON RESERVE OF THE ARMY TO THE GRADE INDICATED AMBER L. KIESEL COL. ELLEN M. MOORE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COL. BOYD C. L. PARKER IV PAUL P. LOSER COL. STEVEN B. PARKER To be brigadier general DEREK S. MARLEY COL. BRYAN P. RADLIFF DAVID VINCENT MCGUIRE COL. MICHAEL A. ABELL COL. SCOTT A. SAUTER CHAD S. MONTGOMERY COL. JOSEPH L. BIEHLER COL. CONSTANCE M. VON HOFFMAN ZACHARY LANIER NASH COL. JANEEN L. BIRCKHEAD JAMES MICHAEL PITTS THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. MARTI J. BISSELL MARIO SAVELLANO ROSARIO STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. SCOTT J. BOESPFLUG JEFFERY ROBERT SCOTT OF THE AIR FORCE TO THE GRADE INDICATED UNDER COL. RAYMOND D. BOSSERT, JR. TIMOTHY T. SESSIONS TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COL. PATRICK R. BOSSETTA KRAIG ALAN SMITH To be major general COL. THOMAS R. BOUCHARD JON WARD SMITHLEY COL. ROBERT A. BOYETTE KELLY D. STAHL BRIG. GEN. RANDOLPH J. STAUDENRAUS COL. KENNETH E. BRANDT JOSHUA M. STOLEY COL. STANLEY E. BUDRAITIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL S. WALKER COL. ANTHONY R. CAMACHO IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. MIKE A. CANZONERI CATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE GRADE INDICATED IN THE REGULAR AIR FORCE COL. RITA B. CASEY UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: To be major general COL. GREGORY P. CHANEY COL. PAUL B. CHAUNCEY III To be major BRIG. GEN. CRAIG L. LAFAVE COL. BOBBY L. CHRISTINE BRIG. GEN. PAMELA J. LINCOLN COL. EDWARD J. CHRYSTAL, JR. SHAWN M. GARCIA BRIG. GEN. DONALD R. LINDBERG COL. WILLIAM E. CRANE MORGAN H. LAIRD BRIG. GEN. RANDALL A. OGDEN COL. DARRELL W. DANIELS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIG. GEN. JAMES P. SCANLAN COL. GREGORY T. DAY TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIG. GEN. PATRICK M. WADE COL. HENRY S. DIXON FORCE UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COL. SCOTT A. DOUST STATES OFFICER FOR APPOINTMENT IN THE RESERVE COL. DWAINE E. DRUMMOND To be major COL. DIANE L. DUNN OF THE AIR FORCE TO THE GRADE INDICATED UNDER DANIEL C. ABELL COL. ROBERT A. DWAN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JONATHAN V. ABUEG COL. LEONARD H. DYER, JR. BRIAN S. ACERSON To be brigadier general COL. STEVE D. ELLIOTT MACMILLAN M. ACHU COL. FRANCIS J. EVON, JR. COL. STEPHEN C. MELTON DAVID G. ACKLAND COL. KELLY A. FISHER VINCENT P. ADAMO COL. ROBERT C. FRICK IN THE ARMY CHRISTOPHER D. ADAMS COL. ROBERT B. GASTON GARY W. ADAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COL. ANDREW L. GIBSON JAMIE L. ADAMS IN THE UNITED STATES ARMY TO THE GRADE INDICATED COL. KERRY W. GOODMAN JOHN T. ADAMS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COL. WILLIAM D. GRISWOLD MATTHEW T. ADAMS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COL. DENNIS J. HUMPHREY TIMOTHY R. ADAMS COL. ROBERT W. INTRESS JOHNPAUL P. ADRIAN To be lieutenant general COL. RICHARD F. JOHNSON RUTH SONGO BELE AFIESIMAMA COL. JEFFREY A. JONES MAJ. GEN. PAUL E. FUNK II BRETT AGATEP COL. ERIC T. JUDKINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HALEY E. AGETON COL. KIPLING V. KAHLER IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN K. AHN COL. MOSES KAOIWI, JR. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TRAVIS R. AHRENS COL. ERIC K. LITTLE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID MATTHEW AKINS COL. ZACHARY E. MANER ANDREW J. ALDERMAN COL. JAMES R. MATHEWS To be lieutenant general KYLE C. ALDERMAN COL. MARK A. MERLINO CHRISTOPHER S. ALEXANDER MAJ. GEN. GARY J. VOLESKY COL. DOUGLAS R. MESSNER DONALD W. ALEXANDER COL. DAVID J. MIKOLAITIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JORDAN L. ALEXANDER COL. CHARLES W. MOORE IN THE UNITED STATES ARMY TO THE GRADE INDICATED JEREMY T. ALLEN COL. LEAH M. MOORE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KANDI S. ALLRED COL. MICHEL A. NATALI RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: EDDIE R. ALTIZER COL. REGINALD G.A. NEAL MELANIE K. ALVAREZ To be lieutenant general COL. JOHN M. OBERKIRSCH ANNE L. AMIGLEO COL. STEPHEN E. OSBORN MAJ. GEN. JAMES H. DICKINSON JUSTIN LEE AMUNDSON COL. RODNEY B. PAINTING BENJAMIN M. ANDERA THE FOLLOWING ARMY NATIONAL GUARD OF THE COL. CHAD J. PARKER BRIAN R. ANDERSON UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COL. ROGER A. PRESLEY, JR. GRACE H. ANDERSON SERVE OF THE ARMY TO THE GRADE INDICATED UNDER COL. JOSE J. REYES RICKEY D. ANDERSON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: COL. FRANK M. RICE TRAVIS A. ANDERSON COL. TIMOTHY L. RIEGER JACINTA F. ANDERSONLUJANO To be major general COL. JAMES W. RING DAVID N. ANDREWS COL. JOHN W. RUEGER BRIG. GEN. PATRICK M. HAMILTON KATHERINE M. ANDREWS COL. ADAM R. SILVERS THE FOLLOWING ARMY NATIONAL GUARD OF THE SEAN M. ANDREWS COL. JEFFREY D. SMILEY UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ERIC R. ANTONIETTI COL. MICHAEL E. SPRAGGINS SERVE OF THE ARMY TO THE GRADE INDICATED UNDER KURT C. ANTONIO COL. STEVEN E. STIVERS TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GUENNADI SERGEI ANTONOV COL. MECHELLE M. TUTTLE WADE M. APPEL COL. JEFFREY P. VAN To be major general STEVEN EDWARD APPLEBY COL. THOMAS M. VICKERS, JR. JON A. ARCETA BRIG. GEN. TIMOTHY J. HILTY COL. LOUIS W. WILHAM ROBERT JEROME ARDUINI THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE NAVY BRENDA R. ARINCORAYAN UNITED STATES OFFICERS FOR APPOINTMENT IN THE KARI M. ARMSTRONG RESERVE OF THE ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL E. ARNAL UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: IN THE UNITED STATES NAVY TO THE GRADE INDICATED PAUL A. ARNER To be major general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEREK P. ARNHOLTZ RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SETH D. ARTHUR BRIG. GEN. BENJAMIN F. ADAMS III To be vice admiral ANDY TIMOTHY ASHBURN BRIG. GEN. WAYNE L. BLACK CHRISTY M. ASHBY BRIG. GEN. CHRISTOPHER M. BURNS REAR ADM. (LH) MARY M. JACKSON JOHN E. AULD

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JACOB W. AULTMAN ANTHONY LEE BOWE ISAAC GASCA CAVAZOS RONALD MAUNG YE AUNG ERIC M. BOWERS MICHAEL C. CERISE GRAHAM C. AUTEN JON D. BOWLING DANIEL K. CERVANTES JOHN C. AVERY MICAH J. BOWRON JONATHAN A. CESER RATKO AVRAMOV MATTHEW J. BOYLE CHAD N. CHAMBERLAIN BRIAN C. AYERS PETER THOMAS BOZYNSKI JARRED KENNETH CHAMBERLAND ROBERT DOUGLAS AYERS KIMBERLY M. BRACKEN CHARLES D. CHAMBERS FREDERICK G. BACKHUS MATTHEW S. BRADY PAMELA D. CHANDLER CHRIS S. BAHRIJ KENNETH M. BRAKORA CHARLES R. CHAPOT MEGHAN MARIE BAILEY KHARY A. BRANCHROMERO GARY A. CHARNEY DANIEL H. BAKER CAMERON VIENOT BRANCUCCI CRAIG E. CHENEY JAMES P. BAKER JUSTIN E. BRANDEL RICHARD MICHAEL CHENG NICHOLAS D. BAKER JOHN S. BRANDES CHRISTOPHER E. CHERRY DANIELLE JEANETTE BALES DESHAUN BRANDY MATT J. CHERRY MICHAEL ROY BALL BRADLEY A. BREAUX CODY D. CHILES NEAL M. BALLAS DANIEL J. BREIDING BRADLEY P. CHING JOSEPH B. BALSKUS DAVID J. BRESSER KELLY A. CHIVERTON MATTHEW W. BAR STEPHEN J. BRESSETT NATHAN J. CHOTT EDUARDO BARAJAS PATRICK WADE BRETT MATTHEW BRYCE CHRISTENSEN CHRISTOPHER J. BARAN CATHERINE L. BREWER TYLER D. CHRISTENSEN DUSTIN ALAN BARBOUR LOGAN M. BREWER JASON D. CHRISTOPHER ABBY K. BARGER MICHAEL D. BREWER STEVEN D. CHRISTOPHER TADZWEIL ALEXANDER BARGER WILLIAM T. BREWER COLLIN C. CHRISTOPHERSON JOSHUA L. BARKER JUSTIN A. BRICKEY LINDSAY DEANETTE CHRISTOPHERSON MICHAEL JAMES BARLOW DESIREE N. BRICKS JUNE H. CHUNG MATTHEW P. BARNARD CHAD MICHAEL BRIDGEFORD SCOTT D. CHURCH TROY J. BARNES CHRISTOPHER M. BRIDGES, JR. TRAVIS E. CHURCH RONALD J. BARNHART RYAN W. BROCKMAN CAITLIN R. CIMA ANDREW C. BARRIER LUCAS M. BROMMER MITCHELL C. CLAPP CARLOS N. BARRIOS JOSHUA TYLER BROOKHISER ANITA B. CLARK JOHN W. BARRON DAVID G. BROST CHRISTOPHER L. CLARK BENJAMIN JOHN BARSNESS ADAM JARED BROWN DAVID A. CLARK GARRETT T. BARTEE CASEY J. BROWN FRANK CLARK EARL A. BARTH JOEL E. BROWN JORDAN B. CLARK LUKE S. BASHAM KATHLEEN F. BROWN MATTHEW R. CLARK DANIEL JAMES BASHAW MARVIN M. BROWN MICHAEL L. CLARK ERIC A. BASSETT MEREDITH I. BROWN TIMOTHY A. CLEAVER JONATHAN K. BATEMAN PHILIP M. BROWN NATHANIEL R. CLEGG ALLEN J. BATISTE RICHARD BROWN PATRICK D. CLEMENTS BRIAN BAUER BRIAN L. BROWNDYMKOSKI WILLIAM R. CLEMMER HECTOR G. BAUZA ELIZABETH M. BRUBAKER APRIL L. CLEVENGER JARED PADEN BAXLEY JESSICA LEA ANNE BRUDJAR JUSTIN T. COFFEY SHANA K. BEACH ADAM R. BRUEGGEN NICHOLAS A. COLLINS MATTHEW L. BEAUBIEN CHANCE JACK BRUMLEY FANY E. COLONDEHAYES DANIEL J. BEAUDOIN JAMES W. BRYANT, JR. MATTHEW B. COMER JASON P. BECK JONATHAN C. BRYDIE ANDREW J. M. COMPTON ANDREW C. BECKER AUSTIN R. BUCK SEAN A. CONLEY DAVID J. BECKER JAMES BUCKHEIT WARREN J. CONNELL JACOB W. BECKER SETH BUCKLEY JOSHUA CONNER PHILIP J. BECKER CATHERINE ANN BUCKNER MARSHAL T. CONOVER MARC PETER BECKIUS JAMIE DONALD BUDD JOSEPH R. CONRAD DAVID G. BECKMAN JASON S. BUELL MICHAEL E. CONRAD DUSTIN BEITZ PETER A. BULINSKI RICHARD A. CONRAD II CLARK M. BELFANTI ARTHUR J. BULL JOHN M. CONWAY MEGAN F. BELGER LAWRENCE C. BULLOCK MICHAEL W. COOK MITCHELL L. BELGER DANIEL BUNDY TREVOR J. COOK DEREK P. BELL KEVIN C. BUNTEN JASON W. COOKE DANIEL MICHAEL BELLISSIMO BRIAN M. BURGOON DAVID J. COONCE LIONEL O. BELTRAN LEO J. BURKARDT DAVID J. COOPER JUSTIN L. BELTZ NICHOLAS S. BURKE ESAMU DANIEL COOPER BRIAN S. BENDELE PATRICK W. BURKE CLAIR F. CORBIN BRANDON C. BENDER KEVIN A. BURLESON LARRY PADLAN CORNELIO JOSEPH C. BENSCOTER ALEXANDER D. BURNETTE WILLIAM F. CORNELIUS, JR. DANIEL W. BENSON TREVOR D. BURNHAM DANIEL L. CORNELIUSSEN WILLIAM E. BENTLEY KENNETH J. BURROWS MICHAEL E. CORRIGAN DANIEL EDWARD BERGEN JOHN S. BURTON CARL F. CORVIN MICHAEL D. BERGERON MATTHEW A. BURTON STEVEN A. COSGROVE JONATHAN A. BERGKAMP ADAM W. BURWINKLE ANDREW E. COTTLE ANDREW B. BERGMAN MICHAEL S. BUSH BRET J. COVE ROBIN J. BERGOO RYAN C. BUSHNELL NICHOLAS PATRICK COWAN CHARLES C. BERRY II KURT E. BUTERBAUGH II MORGAN J. COWLE EDWIN K. BERRY MICHAEL S. BUTLER JASON K. COX SAMUEL R. BERRYHILL BRANDON L. BYERLEY DANMICHAEL P. COYNE CRAIG JAY BERRYMAN BRENT PERCY BYNG ALEX VICTOR CRAVEN MATTHEW J. BERSZONER ANDREW B. BYRD KEVIN BRADLEY CRAWFORD SHAIN LANDON BESTICK IAN CADORNA SCOTT M. CRELLIN ROBERT A. BETTINGER CHARLES J. CADWELL ROBERT M. CRESPO LUKE BEVER JUSTIN J. CADWELL CY CRIBBS TIMOTHY C. BEXTEN CHRISTOPHER T. CAGLE MATTHEW P. CRIPPES DANIEL M. BIGLEY JESSE L. CALDWELL JOSHUA V. CROCKETT THOMAS S. BIHANSKY KERRIN R. CALDWELL KEITH P. CRONICAN SEAN D. BILLINGS MORGAN C. CALLENDER STEVEN C. CROSBIE JASON MICHAEL BINDEWALD JONATHAN H. CAMILLETTI JASON R. CROSBY SEAN R. BIRNEY BRIAN R. CAMPBELL ADAM C. CROSS TIMOTHY D. BIRT CHRISTOPHER C. CAMPBELL JOSHUA G. CROTEAU MICHAEL L. BISHOP CRAIG GEORGE CAMPBELL, JR. BRIAN P. CROUSE JOHN P. BISZKO JACOB M. CAMPIONE LUIS ANTONIO CRUZ HUERTAS CRAIG J. BITTNER JOSEPH M. CANGEALOSE JOHN R. CUELLAR YVETTE CRUZ BIVINS LANCE J. CANNON FRANK D. CUMBIE MICHAEL B. BLACKBURN RAUL CANTUALLA, JR. CHRISTOPHER P. CUMMINGS NATHAN JAMES BLAIR MICHAEL M. CAPELLE JOSEPH A. CUNNINGHAM III TIMOTHY CHAPMAN BLAKE, JR. DANIELLE CARETTI JEREMY R. CURBEY JUSTIN BLANKS MICHAEL P. CARETTI SHAWN M. CURRO DONALD THOMAS BLEEKER BRIAN A. CAREY CHRISTOPHER E. CURRY JONATHAN EDWARD BLENKUSH WILLIAM GEOFFREY CARGILL ANDREW M. CURTIS CRAIG L. BLESSING PAUL F. CARICO NICHOLAS J. CUSOLITO II JONATHAN DOUGLAS BLOUNT JUSTIN R. CARMONA ASHLEY J. CWIAKALA RAYMOND CRAWFORD BLOUNT RYAN P. CAROLAN JOSEPH A. CZABARANEK BRYCE KELBY BLUNCK CHRISTOPHER A. CARP LISANDRA A. DAGOSTINO ANTHONY J. BOCCHICCHIA BRANDON W. CARPENTER SCOTT E. DAHM JOHN R. BOCHERT JAMES D. CARPENTER ADANTO ANDREW DAMORE RYAN M. BODENHEIMER PATRICK O. CARPENTER CODY ALEXANDER DAMOTA STEVEN D. BOGERT GEOFFREY P. CARRIGAN KATHRYN L. DAMRON BERNIE BOGGS YUKUBU ASAMEL CARRIKER BARRETT A. DARNELL CODY R. BOHN JACK B. CARROLL DOUGLAS J. DASHIELL DONALD J. BOLDA SHAUN PATRICK CARROLL BOYCE H. DAUBY ALBERT B. BOND CHRISTOPHER E. CARSON CHARLES MADISON DAVIS IV LANG MICHAEL BORN BRYAN J. CARTER JUSTIN R. DAVIS GABRIEL ANGELO R. BORNILLA MICHAEL K. CARTER RICHARD LEE DAVIS JEFF P. BORRIELLO WILLIAM T. CARTER RYAN M. DAVIS AARON A. BORSZICH NICHOLAS ALEXANDER CARY ANDREW J. DAY MICHAEL M. BOSACK LAWSON J. CASS MELISSA CHRISTINA DAY JOHN B. BOSWELL PATRICK M. CASSIDY ERIC DULAY DE GUZMAN ANGELO ROCCO BOTTICELLI III BRANDON K. CASTILLO CHRISTOPHER A. DE LA PENA BRYAN L. BOUCHARD LETRICIA M. CASTILLO CHARLES S. DEBREE JONATHAN BOURKE JASON A. CASTLEBERRY BRIAN H. DECICCO ERIC A. BOW JOSE R. CASTRO CHINCHILLA CHRISTINA LOUISE DECKER

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CHRISTOPHER J. DECKER JEFFREY L. FALKINBURG DOUGLASS E. GREENWELL AUSTIN D. DEENEY BRYAN E. FANICK SAMUEL GREGORY GREENWELL CARISSA DEE DEENEY JONMICHAEL FARINO PHILLIP A. GREGG PATRICK R. DEERING BOBBY R. FARMER JAMES L. GRESHAM TRAVERS H. DEGROOT TREVOR D. FEDELE DAVID T. GRIBBIN JEFFREY B. DEKKINGA ANDREW S. FERGUSON GABRIEL M. GRICOL STEPHEN ANTHONY DEL BAGNO BRIAN E. FERKALUK THOMAS S. GRIESEMER VIRMIL T. DELGADILLO JONATHAN FERNANDEZ DANIEL P. GRIFFIN LEANDRO A. DELOSSANTOS JOSEPH O. FERRANTE PATRICK R. GRIFFIN MARK DEMIANOVICH MATTHEW A. FEUCHT SEAN E. GRIFFIN JOSEPH DEMONTE JOELI R. FIELD WILLIAM E. GRIFFIN TIMOTHY RYAN DENHOED ANDREW ROBERT FINGALL JOHN T. GRIMES DUANE M. DENNEY DANIEL J. FINKENSTADT KAI NICOLAS GRIMMELL THERESA M. DENOFRE KEVIN S. FISCHER WILLIAM D. GRIPP RYAN MICHAEL DEPEW RYAN S. FISHER NICHOLAS D. GRONLUND DUSTIN B. DERE ZACHARY C. FISHER SCOTT ROBERT GROSS ADAM W. DERENTZ MICHAEL D. FITZSIMMONS MICHAEL WALTER GRUBER ZACHARY S. DESHETLER DANIEL M. FLANAGAN HUNTER P. GRUNDEN BRIAN P. DEVINE TREVOR S. FLATEN PAUL D. GUENTHER DANIEL DEVIRGILIO CHANDRA R. FLEMING ARIES PADERNA GUINTU CASSANDRA E. DEVOLITES RICARDO L. FLORES JOSHUA T. GULBRANSON JOSEPH J. DIAS SCOTT J. FLORKEY CRAIG R. GULLEDGE STEFAN M. DIETRICH RICHARD FOGEL FRANCISCO J. GUZMAN, JR. JONATHAN P. DIETZ STEPHEN C. FOGLE LINDSAY M. HAACK ALVIN J. DIGLES III BETHANY G. FOLEY KARRIE J. HADDAD PETER J. DINNDORF BRANDON D. FOLKS STEFAN D. HAFNER NICHOLAS J. DISNEY ROBERT R. FONNESBECK JOSEPH TYPHOON HAHN JOHN M. DIX CHRISJAY S. FONTILLAS KENNETH A. HAILE ERIK L. DIXON JASON W. FORD ALBERT N. HAINSFURTHER JONATHAN P. DIXON KENDAL A. FORRESTER LAUREN E. HALE PATRICK J. DIXON JACOB W. FORST AARON C. HALL JOHN W. DLUGOPOLSKY BRENT S. FOSTER BENTON G. HALL TYLER PAUL DOHALLOW DAVID A. FOSTER JOSEPH L. HALL CHRISTOPHER GLEN DOKKEN HANS C. FOSTER FRANCIS D. HALLADA CHRISTOPHER Y. DOLBY LUCAS D. FOX JOSEPH R. HALPERN PAUL HERBERT DOMM COREY W. FRAAS CUYLER PATRICK HALPIN MICHAEL JOSEPH DOMMER ZACHARY S. FRANKLIN BRANDI N. HAMILTON MARK C. DOMOGALA JESSE C. FRAZIER JOHN M. HAMILTON CHRISTOPHER M. DONAHUE TERRANCE H. FREGLY, JR. MERLE D. HAMILTON BRIAN E. DONEGAN ADAM L. FRIEDRICHSEN GALEN J. HAMMERSBURG ERIC NORMAN DORSEY MATTHEW KRISTOPHER FRYER MARK T. HANCOCK BRIAN R. DOUGAL JACOB K. FUCHS JUSTIN THEOPOLIS HANDLEY JAMES E. DOUGLAS ZACHARY A. FULTON CHRISTOPHER M. HANDY MATTHEW K. DOUGLAS JEFFREY L. FURNARY EVAN T. HANKS JOSHUA DOVE JOHN C. FUSON JAMES A. HANSEN WILLIAM H. DOWD TJ E. GABRIELSON ROSS Z. HANSEN PETER HARRIS DOWLING II PETER J. GAC TANYA M. HANSEN JONATHAN DOWNING KEVIN JEREMY GADD ALEXANDRA L. HANSON MATTHEW CASE DOWNING JOSEPH A. GAGNER JOSHUA A. HARDIN DOUGLAS E. DOWNS STEPHEN J. GALLAGHER DUSTIN ROBERT HARDWICK AARON LEVI DOYLE CHRISTOPHER J. GALLEGOS ANDREW P. HARDY LEA R. DOYLE CHRISTOPHER K. GAMBLE MEGAN R. HARENCAK EMERSON L. DRAIN STEPHEN R. GANDY TYLER P. HARMAN BENJAMIN TODD DRAPER ANDREW JAN G. GARCIA JEFFRY D. HARNLY ANTHONY J. DREMANN LIONEL JOSHUA GARCIA WILLIAM L. HARRELL DAVID ALFONSO DRENNAN NICHOLAS R. GARDNER MICHAEL JEREMIAH HARRINGTON RAQUEL J. DRONENBURG PETER S. GARDNER JAMES N. HARRIS JON D. DRUMMOND JOSEPH CRAIG GARN LIA AMILIA HARRIS PAUL A. DRYJA ROBERT I. GARRETT IV RYAN J. HARRIS CHRISTOPHER DUBOIS DANIEL L. GARRISON DANIEL C. HARTUNG BRANDON L. DUBUISSON MARTI LYN GARRISON SHEENA DIANE HARVEY JOSHUA A. DUCKETT MATTHEW R. GARTMANN ANDREW JOHN HASSETT BRANDON T. DUES MICHAEL D. GASKINS JOSHUA A. HASWELL CHAD M. DUGIE GABRIEL E. GASSIE EVAN R. HATTER TROY NICHOLAS DULANEY ELLIOTT L. GAUTREAUX ERIC S. HAUPT NATHANIEL WAYNE DULL JOSHUA S. GEIDEL MATTHEW B. HAWKINS CHRISTOPHER A. DUNLAP SCOTT CRAIG GEISER, JR. SEAN L. HAYDO MICHAEL C. DUNN OMAYRA GENAO DANIEL A. HAYES RICHARD M. DUNN MICHAEL M. GENTRY MICAH T. HEARD KYLE E. DURCH RAYMOND P. GEOFFROY JONATHAN P. HECKINGER ADAM C. DYKE MARK E. GEORGE HILLARY P. HEDBERG ZACHARY RICHARDLYN EAGLE KAYLA M. GEORGIAFANDIS ILEA HEFT JOSEPH EANETT GRANT M. GEORGULIS ZACHARY A. HEGEDISH TODD A. EARLY OTTO GERDEMAN DAVID A. HEINZ ADAM K. EASLEY JESSICA R. GETROST MATTHEW CHRISTOPHER HEISEL ALLISON R. EASTERLY BRYAN H. GIBBS DANIEL C. HELLAND ERIC J. EATON DOCLEIA GIBSON JACOB J. HEMELSTRAND KEVIN J. EATON JENNY L. GIBSON JACOB M. HEMPEN TAYLOR D. EAVENSON GERAD FISHER GILL ROBERT C. HENDRICK DEREK J. EBELING NICHOLAS A. GILLIN STEVEN T. HENDRICKS DREW R. EBNER JONATHAN D. GINGERY RYAN M. HENGEL BRADLEY T. ECHOLS HARRISON W. GIPPLE COLIE J. HENKEL KRISTINA B. ECLEVIA HOLLY FROST GIROUX ETHAN S. HENNESSEY BRIAN S. EDDY JASON B. GIROUX BEAU CAMERON HENRY DANIEL S. EDELSTEIN ARNE GJERE JOHN W. HEREFORD JORDAN D. EDIGER ZACK A. GLASER DUVALIER F. HERNANDEZ TUA ANDREW H. EDMUND RYAN O. GLASGOW ALMA K. HERNANDEZ DAVID P. EDSEN KRISTINA K. GLOEB CARLOS X. HERNANDEZ ANDREW J. EDWARDS PHILIP R. GLORIOSO DAVID J. HERNANDEZ JAHMIL P. EDWARDS DARRELL P. GLOVER JOSEPH G. HERNANDEZ KEVIN D. EDWARDS CHRISTOPHER T. GOAD MICHELLE C. HERNANDEZ MICHAEL S. EDWARDS BRANDON G. GOEBEL SHAUN MICHAEL HERR MATTHEW WARNER EICHEL JONATHAN G. GOERES MONICA S. HERRERA DAVID JOSEPH ELIZONDO NATHAN D. GOETSCH RUSKIN CALEB HERRERA LAUREN E. ELKINS DALE R. GOGAN MICHAEL S. HERTZOG KYLE R. ELLING CHRISTINIA R. GOLDEN ALEXANDER JOSEPH HESS JONATHAN C. ELLIOTT VANESSA M. GOMEZ JAY R. HESSENTHALER APRIL A. ELLIS ALAN R. GONCALVES ROBERT M. HETHERINGTON DOROTHY K. ELLIS AMANDA C. GONCALVES WADE M. HETRICK RICHARD DALE ELMORE III VANESSA C. GONZALEZ REBECCA HEYSE DANIEL L. ELSNER WILLIAM C. GORDON SHAUN P. HIBSHMAN JANNEL A. EMERY WILLIAM A. GOSS CHRISTOPHER M. HIGGINS DANIEL J. EMMONS JARED A. GRADY DONALD N. HIGGS NICHOLAS A. ENGLE BRENDAN J. GRAHAM JOSEPH S. HIGGS RYAN D. ENGLE JEFFREY GRAHAM PATRICK J. HIGHLAND JOHN S. ERB DAVID SCOTT GRAMES ZACHARY A. HIGHTOWER NATHAN R. ERICKSON JOSHUA D. GRAMM HEATHER M. HIGLEY SETH M. ERICKSON SCOTT W. GRAMS WILLIAM E. HILDEBRAND RYAN P. ERIKSEN ADAM K. GRAY ANNABELLE S. HILL MARCO JOSE ESCALERA STEPHEN W. GRAY MARVIN HINKSON MOLLIE CATHERINE ESHEL PALL DANIEL GREEN TREVOR LEE HITT ERIK M. EVANS SHAWN MICHAEL GREEN KIRA A. HNIDEY GILES L. EVANS SLOAN R. GREEN DAVID MICHAEL HO JOHN Q. EVERAGE ERIK R. GREENDYKE JONATHAN D. HOANG JEFFREY M. EVERETT LEXIE R. GREENE JOHN J. HOBSON KADE P. EWERT SHANNON JANINE GREENE NESSA EVE HOCK AARON R. EWING STEPHEN L. GREENWADE DAVID G. HOFF

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BRIAN E. HOFFMAN CORY D. KILLIAN JASON W. LOVELESS SETH J. HOFFMAN DANIEL J. KIM NATHAN R. LOWRY MELLETTE G. HOFLER DAVID S. KIM SARAH K. LOWRY GRIFF R. HOFMAN JONATHAN S. KIM ADAM B. LUBER JASON A. HOLT DANIEL A. KIMMICH NATHAN E. LUCERO KURT A. HOLTZMAN JAMES T. KING RANDI LEE LUDINGTON SHAWN D. HOOTON NATHAN A. KING JUSTIN D. LUGO LON C. HOPKINS PATRICK L. KING NICHOLAS ANTONIO LUINA DONALD S. HORNE RUSSELL E. KINGSBERY TIMOTHY M. LUKIANOWICZ MATTHEW STEVEN HORROCKS PAUL D. KITKO KENNETH DAVID LUSIGNAN CHRISTOPHER R. HOSKINS ANDREW M. KLINE JACOB R. LUSSON MATTHEW T. HOUGHT SARAH L. KLINE BLAKE O. LUTTRELL DANIEL J. HOUSE CHRISTOPHER L. KNAUTE DAVID D. LYNES ANDREW ALAN HOWARD AARON KNIGHT KRISTEN ELIZABETH LYON ROBERT HOWELL VALERIE M. KNIGHT PATRICK H. LYON KATE E. HRYNYK CHRISTINE R. KNOWLES DOUGLAS F. MABE JOSHUA P. HUBERTY DAVID W. KNOX MICAH M. MACDOWELL TIMOTHY J. HUBLER CHRISTOPHER J. KOKOCZKA STEVEN L. MACKINDER CHRISTOPHER J. HUCKINS JAMES R. KOLASA BRUCE F. MACNEILL CHRISTOPHER S. HUDDLESTON OLIVIA KAE KORTE RICHARD MADDEN ROBERT T. HUDSON JOHN J. KOSTELNIK CHRISTOPHER J. MADSON BRADLEY E. HUEBNER BRANDON J. KOSTER ROBERT C. MADSON ADAM LEE HUFFMAN JONATHAN C. KOUGIAS ZACHARY N. MAGNIN MELANIE LANTZ HUFFMAN ERIC KOWALSKI BRANDON M. MAGNUSON BRANDON WILLIAM HUGHES JORDAN A. KOWALSKI BRIAN LEWIS MAGUIRE JOSHUA G. HUGHES BRAD A. KOZENKO JOHN MAHANEY TYLER J. HUGHES BENNET D. KRAWCHUK FRANK J. MAILKI, JR. ZACHARY S. HUGHES NICHOLAS ADAM KRAYVO JAMES GARRARD MAILLIARD JARRED D. HUIRAS KYLE J. KROGH TODD E. MAITLAND JEROME N. HUNDT JOSEPH J. KROTA IV JACOB E. MAJEWSKI JOSHUA D. HUNT TOMASZ ZBIGNIEW KRYGOWSKI KARIM A. MALAVE RICHARD ANTHONY HUNT PAUL A. KRYNINE RICARDO E. MALAVE BRYAN R. HUNTER JONATHAN D. KUBACZ JOHN J. MALONEY AARON B. HUSK SCOTT M. KUBALEK ZACHARY T. MANGRICH CHAD WAYNE HUTCHINS CORY KUEHN JOHN M. MANN EZEKIEL PONIENTE IGNACO KARL R. KUEHNER AMANDA L. MANSHIP BRADLEY DAVID IMONDI BRENDAN J. KULCZYCKI MATTHEW CHARLES MANSHIP BARTHOLOMEW N. INGALLINA KEITH E. KUNKEL JOHNATHAN D. MARBURGER STEVEN P. INGRAHAM DUSTIN P. KURTZ LOGAN MARCUCCI AURELIO C. IRIZARRY KI WAN KWAK TANDON L. MARDIS CHRISTOPHER TOKIO ISHIDA ALLAN W. LABONTE ANDREW R. MARES BRIAN R. JACKSON HERSHEL H. LACKEY MICHAEL C. MARINER GREGORY J. JACKSON, JR. COLIN M. LAFAVOR JASON Z. MARKZON JOHN K. JACKSON SETH J. LAKE HEATH A. MARLIN BENJAMIN C. JAMISON CHRISTINA A. LAKEY MARC E. MARMINO BETH L. JANSSEN NICHOLAS J. LALIBERTE CHRISTOPHER S. MARTIN JOHN F. JANSTA JESTON JAI LAM DONALD K. MARTIN ELIZABETH L. JARDING MATTHEW LAMAR JACKSON R. MARTIN ROBERT M. JAROMIN JAMES H. LAMBACK JASON R. MARTIN MATT J. JASINSKI DANIEL B. LAMBERT PHILLIP CHAD MARTIN TIMOTHY J. JASTRAB JOHN M. LAMONICA REED EDWARD MARTIN SORAN JAVAHIRZADEH JOSHUALEE N. LANCASTER ZACHARY W. MARTIN DAVID A. JEFFERY BARTON A. LAND SARAH R. MASHBURN ROBERT B. JEFFREY DANIEL R. LAND MONICA L. MASON ALLEN D. JENNINGS ALAN MONTGOMERY LANDUA STEVEN ROBERT MASSARA HEIDI E. JENSEN TIMOTHY P. LANGAN STEPHEN J. MASSEY RYAN K. JENSEN JOSHUA D. LANGSTON ANDREW MASTON SKY B. JENSEN RICHARD L. LANSER ROBINSON AFALLA MATAMMU JAE HYUN JEON ROBERT O. LANTZ BRETT A. MATCHECK JENNY WEIYUE JI JUSTIN D. LAPIN MICHAEL BENJAMIN MATCHETT ANDREW J. JININGS DANIEL P. LARSEN ANDREA D. MATESICK ERIC C. JOACHIM CHRISTOPHER S. LARSON CLAY A. MATHEWS, JR. MARK JOHANNING JOHN D. LARSON ROBERT HEATH MATTHEWS CRAIG A. JOHANSEN JONATHAN A. LATTIMORE CHASE R. MATTINGLY CHRISTOPHER N. JOHNS TIMOTHY R. LAU WADE R. MAULSBY ADAM D. JOHNSON IAN SHERWIN ULEP LAYUGAN DAVID M. MAURER BLAKE E. JOHNSON CHARLES E. LEBEAU MATTHEW A. MAYER CHRISTOPHER O. JOHNSON DREW C. LEBLANC JUAN DE LA CRUZ MAYSSONET DONALD D. JOHNSON MICHAEL B. LEBOVITZ ADAM K. MCAULEY JEFFREY P. JOHNSON SHAUN H. LEE TIMOTHY P. MCBRIDE MATTHEW AARON JOHNSON BRIAN G. LEEN RICHARD A. MCCANN PETER M. JOHNSON SCOTT J. LEFGREN SEAN M. MCCLAIN PHILIP EDWARD JOHNSON STEVEN L. LEFORGE DAVID MICHAEL MCCLINTIC SCOTT L. JOHNSON JOHN P. LEGLOAHEC DEREK R. MCCLOY BRYAN C. JONES KELLY LEE LEHMAN SHANE N. MCCONNELL CASEY A. JONES ROBERT W. LEIDEL MARGARET Q. MCCORD CHRYSTINA L. JONES DANIEL R. LEININGER HYON K. MCCORMICK JARED M. JONES ALEXANDER C. LEONG MATTHEW SHELTON MCCRAW ANDREW J. JOUBEN CHRISTOPHER J. LEONHARDT JASON D. MCCULLEY KENNETH S. JUBB PHILIP LERE TIMOTHY MCDEVITT ALEX M. JURGEMEYER CHRISTOPHER R. LESSARD COLIN D. MCDONALD BRIAN O. JUSTUS DANIEL H. LEVY JAMES STEVEN MCDONALD JACOB L. JUSTUS ANDREW B. LEWIS MATTHEW S. MCDONALD STEVEN P. KADRICH JAMES D. LEWIS DARRAN P. MCEUEN MATTHEW A. KAHLEY MICHAEL B. LEWIS AMANDA L. MCFEETERS JORDAN G. KAHN SHIRA B. LEWIS RYAN JAMES MCGAHERN BRANDON M. KALSKI RYAN N. LEWKOWICZ CHRISTOPHER J. MCGARVEY ROBERT A. KAMBER JONATHAN S. LIARD PATRICK F. MCGEE NICHOLAS A. KAMON DAVID LIBERTI MATTHEW C. MCGINNIS WILLIAM E. KANGAS BERT LIDDELL CHRISTOPHER B. MCGRATH MOHAMMAD R. KARIMI CHRISTOPHER E. LIEN MANDY JOY MCHUGH LUCAS M. KARL STEPHEN N. LINHARDT IAN RICHARD MCKAY JON M. KASKELA CHARLES B. LINZ GINA M. MCKEEN TREVOR N. KAUFFELD MATTHEW L. LISA CYNTHIA L. MCKENNA JOHN T. KAUZLARIC ERIC A. LISCAR MICHAEL RUSSERT MCKENNA PAUL B. KAWAGUCHI DARIN JAMES LISTER RYAN MCKINSEY KIMBERLY M. KAYS JOHN BOSTON LITTLE ALEXANDER J. MCNAMEE ANDREW A. KEARL ROBERT C. LIVINGSTON MARK D. MCNAUGHTON BEMNNET W. KEBEDE CURTIS J. LLOYD BUDDY R. MCNEAL, JR. JOSHUA L. KEENER WILLIE WILLIAM LLOYD, JR. KELLY JAMES MCNERNEY MASON W. KEHS FRANK C. LOCHOCKI MATTHEW A. MCPHERSON JAMES J. KELLENBENCE BARRY O. LOGGINS BRIAN J. MCREYNOLDS DOUGLAS S. KELLEY COLLIN A. LOHR MATTHEW A. MCWHIRTER SEAN J. KELLIHER JONATHAN R. LOHSE MICHAEL A. MEALIFF AARON J. KELLY NICOLE J. LONDON ROBYN A. MEINHARD BRANDON M. KELLY CHRISTOPHER R. LONG WILLIAM M. MEISTER EVAN W. KELLY DANIEL S. LONG JON A. MENDOZA BENJAMIN C. KEMPEN ROBERT F. LONG IV JUSTIN M. MENSEN DANIEL P. KENDRIS PATRICK LOOKABAUGH DEVON MESSECAR AUSTIN M. KENNEDY ANGELIQUE E. LOPEZ GEORGE W. METROS STEPHEN W. KENNEDY BRIDGER D. LORD JOHN N. MEYER CARRIE J. KERNER ZACHERY K. LORD JOSHUA D. MEYER BRIAN W. KESTER STEPHEN G. LORENZ KEITH C. MEYER NICOLE K. KETRON SETH M. LORIMER NICHOLAS J. MEYERS MICHAEL DAVID KEYS MARCUS A. LOSINSKI BARRETT V. MEYSEMBOURG SHIRAZ AHMED KHAN CHRISTOPHER J. LOTT TODD W. MICKEL JOHN T. KIEHL GREGORY T. LOTZ JEFFREY L. MICKELSEN

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RICHARD J. MICKELSEN DOUGLAS S. OH BRANDON K. PRYOR DANIEL MIHALEK JASON OH DUSTIN S. PUETT ALICIA M. E. N. MIKULAK DARRELL M. OLLIS JOHN A. PURCELL KATHRYN J. MILES LINCOLN OLSEN JEAN A. PURGASON HEIDI M. MILLBURG BRANDON J. OLSON JAMES ANDREW PUTNAM CHAD D. MILLER RICHARD L. OLSON, JR. DANIEL W. QUINLAN ERIC W. MILLER LUKE OMAN CURTIS E. RAABERG JARED R. MILLER MARK DANIEL ONDOV HANSEL J. RABELL KASSANDRA M. MILLER RYAN JAMES ONEIL MATTHEW S. RACINE KATHERINE M. MILLER KYLE R. ONEILL WILLIAM L. RADDATZ II LAURA M. MILLER MARVIN L. OPPERMAN ANDREW N. RADLOFF LOREN M. MILLER JORDAN E. ORNELAS JOSEPH A. RAFFA MAE REJOICE ROZEL M. MILLER REY E. ORTEGA ALICEA JOSHUA HYUKJIN RAH MATTHEW R. MILLER JASON T. OSGOOD REZA M. RAHIMI PATRICK SCOTT MILLER SETH G. OSTLUND MICHAEL J. RALLO TREVOR R. MILLETTE JONATHAN A. OSTWALT JOSHUA A. RAMIREZ ELLIOTT L. MILLIKEN JOHN P. OUELLET III LOUSON H. RAMOS CLINTON MINOR DANIEL C. OUPER JOHN C. RANKIN ANTHONY MIR GARY LEE OVER THOMAS J. RAPER STEPHANIE N. MITCHELL PAUL M. OVERDIEK DANIEL A. RAPPA TARAH D. MITCHELL BEAU B. PACE CRAIG C. RASLEY KENNETH S. MOLLESON JEFFERSON H. PAGE CHRISTOPHER K. RASOR BENJAMIN S. MONCIER JONNATHAN B. PAGE ARJUN U. RAU DERECK J. MONNIER KERRY J. PAHAL JOSHUA D. RAUSCHDAVIS MAURICIO O. MONTE RAJAN PAL JASON M. READ KEVIN BRYAN MONTES JOHN C. PALICKA MATTHEW C. RECKER ROBERT T. MONTGOMERY ALEXANDRA S. PALMER RAGHURAM B. REDDY DANIEL MOOMEY MICHAEL L. PALMORE SAMUEL T. REED ALEX L. MOON JOHANN A. PAMBIANCHI JONAH A. REEGER JEFFREY R. MOON VINAMRA V. PANDE NICHOLAS A. REEVES AARON R. MOORE ALEXANDER D. PANNONE CHAD A. REGER JARED DEAN MOORE JASON MARK PANZARELLO MATTHEW F. REILEY JOHN TRAVIS MOORE KATHERINE R. PAOLILLO CAITLIN T. REILLY LEO MICHAEL MOORE IV STEVEN J. PAPP BRENDAN B. REINA NICHOLAS M. MOORE BRIAN MATTHEW PARK ZACHARIAH D. REINEBOLD JUAN LUIS MORALES MATTHEW C. PARKER DANIEL REINEKE KYLE A. MORALES MICHAEL L. PARKER NICHOLAS J. REITZ MATTHEW J. MORAN ADAM K. PARKS ANDREW L. RELYEA MICHAEL K. MORAN WILLIAM S. PARKS ISRAEL J. REMO KELLY A. MORGAN BEAU A. PARMER STEWART JOSEPH RENZ MEGAN A. MORIARITY SAMEEK A. PARSA CHRISTINE M. RESZKA BENJAMIN P. MORITZ SHAWN L. PARTINGTON SHANE L. REXIUS CARL M. MORLOCK, JR. BRIAN J. PASCUZZI RACHEL L. REYNOLDS THOMAS E. MORRILL ASHISH P. PATEL RUSSELL C. REYNOLDS JOSEPH M. MORRIN DEREK J. PATRICK WILLIAM T. REYNOLDS JAMES R. MORRIS JARED M. PATTERSON AARON C. RHOADS CHRISTOPHER C. MORRISON JASON C. PATTERSON BRANDON M. RICE JONATHAN D. MORSE II AMANDA EDITH PATTON JOHN J. RIDER DANIEL L. MOSEBY GERALD DANIEL PATTON NATHAN R. RIEBER BRIAN MICHAEL MOSTEK ALEX J. PAUL KIMBERLY CHRISTINE RIGBY KYLE P. MOTTERN KURTIS A. PAUL CONOR M. RILEY JIMMY W. MOXLEY, JR. CHRISTOPHER E. PAULEY STEVEN H. RILEY JOSEPH DAVID MUCIA ROBERT JOHN PAYNE ELLIOT R. RILING NATHAN D. MUELLER BENJAMIN HAIGH PEACOCK GARY J. RISHER JORDAN O. MUGG JEFFREY MARK PELEHAC LEAH R. RIST REAGAN A. MULLIN CHRISTOPHER J. PELLEGRINO MICHAEL A. RITCHESON SHEA D. MUMMA ANDREW J. PELOQUIN ASHLEY N. RITZERT INGRID C. MUNIZ RYAN PENNINGTON JEFFREY S. RIVENBARK JAY T. MURNYACK THOMAS J. PEPKA JOHN ROBBINS BRANDON S. MURPHY DYLAN C. PERALTA AARON BENJAMIN ROBERTS KEVIN W. MURPHY HAROLD PERALTA ANDREW M. ROBERTS BRIAN P. MURRAY ANTHONY W. PEREZ JUSTIN D. ROBERTS JONATHAN KENDALL MUTH ENRIQUE E. PEREZ RYAN D. ROBERTS BRIAN A. MYERS ERIC J. PEREZ ZACHARY A. ROBERTS KYLE C. MYERS GILBERTO SERGIO PEREZ CHRISTOPHER SIMON ROBEY MICA M. MYERS JESSICA L. PEREZ LAUREN M. ROBILLARD COREY S. MZHICKTENO ANGELA P. PEREZCASTLE JEREMY W. ROBINSON SCOTT Y. NAKATANI STUART A. PERLOW NICHOLAS D. ROBINSON ANDREW J. NASH JOHN F. PERRY II WILLIAM L. ROBINSON II DANIEL A. NASKE JOHN M. PESKAR WILLIAM ROCAFORT ANDREW P. NATION CURTIS J. PETERSON CAROLYN D. ROCCO PHILIP A. NAUMAN JOSEPH S. PETERSON NICHOLAS R. ROCHELLE EVIN S. NEGRON SABRINA L. PETERSON LESLEE S. RODERICK KENNETH NEGRON DONALD J. PETRASH ALAN R. RODRIGUEZ CATHERINE F. NELSON DUSTIN E. PETRASH ANGEL G. RODRIGUEZ DANIEL L. NELSON DANIEL R. PFEIFFER MATTHEW T. RODRIGUEZ JESSE A. NELSON MARK THOMAS PHILLIPS RAYMOND J. ROE MATTHEW W. NELSON SHAUN D. PHIPPS TRAVIS M. ROEDER TYLER J. NELSON PATRICK E. PICARD ERIK M. ROGERS JOHN S. NEP MONICA Y. PICKENPAUGH SKYLAR W. ROLLINS RACHEL M. NEP KEVIN M. PIEPER LEO C. ROMERO JONATHAN M. NETERER MICHAEL A. PIERCE, JR. JACOB JEFFREY RONEY KIMBER L. NETTIS JEFFREY D. PIERDOMENICO THEODOR B. ROSANDER JAMES R. NETTLEINGHAM KATHLEEN PIHANA CHRISTOPHER W. ROSE SETH B. NEVILLE BRIAN C. PILLERS CHRISTOPHER M. ROSS BENJAMIN L. NEWMAN MATTHEW J. PINSON JOHN C. ROSTOWFSKE JARED M. NEWMAN JUAN C. PIZARRO BENJAMIN D. ROTH TIMOTHY C. NEWSCHWANDER WILLIAM J. PLACE BENJAMIN ROTZ JOHN ADAM NEWTON KATHERINE R. PLICHTA EDWARD WILLIAM ROUBAL JOSEPH T. NGUYEN JOSHUA R. PLOCINSKI CHRISTOPHER J. ROUSSEAU BRIAN F. NICHOLAS MICHAEL T. PLOURDE, JR. MATTHEW E. ROWAN KIRSTEN L. NICHOLLS CHRISTOPHER S. PLUME ANDREW MERWIN ROWCLIFFE JAMES D. NICHOLSON MICHAEL K. PLUMMER HEATHER R. ROWE AUSTIN K. NICK KRISTINE E. POBLETE DANIEL T. ROWLAND RYAN JOSEPH NICKELL ANDREW J. POE RYAN D. D. RUEDIGER JONATHAN GEORGE NICOLAS EMILY J. POLLARD NATHANIEL T. RUFFING MARK ALLEN NIELSON BRIAN M. POLLOCK JOSEPH C. RUOTOLO GARRETT P. NIKIFOROFF JONATHAN W. POLSTON STEVEN R. RUPLE CHRISTOPHER C. NINI ELIJAH S. PORTER ALAN D. RUSSELL, JR. CHRISTOPHER E. NITZEL ROBERT B. PORTER CHRISTOPHER J. RUSSELL BLAKE A. NIXON ADAM W. POTTER COLE T. RUSSELL AUSTIN M. NOBLE TREK C. POTTER DERRICK P. RUSSELL DOMINIC J. NOCERA PATRICK POTTINGER ROBERT A. RUSSELL VINCENT NOEL RYAN L. POWELL ROMAINE L. RUSSELL JAMES P. NOLAN SHANE ALLEN POWELL AUSTIN D. RUST MALLORY NORDQUIST JOHN C. POWERS ANDREW J. RUTHRAUFF MICHAEL B. NORRIS DENIS R. PRASAD BRIAN D. RUTKOWSKI TERRY J. NORTHRIP ANDREW J. PRATT MICHAEL W. RYAN TIMOTHY D. OBER IAN C. PRECOURT JONATHAN V. RYDBERG ALLIN N. OBERLIN LOGAN K. PRESTON MICHAEL C. SADLER MANUEL R. OCHOA CHARLES A. PRICE ERIC F. SAFSTROM EVE C. OCONNOR CHRISTIAN J. PRICE TONYA M. SAFSTROM RYAN C. ODEA MICHAEL R. PRICE ALLAN M. SAIN CHRISTOPHER P. ODELL GARY W. PRIEST GARY W. SAIN PATRICK D. ODELL JASON PRIVETT EDWARD A. SALAZAR DAVID T. ODONNELL DANIEL J. PRUDHOMME EUGENE SALAZAR JOHN SAMUEL OGILVIE KRISTOPHER H. PRUITT MATTHEW C. SALKOWSKI

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JOHN A. SALVADOR JEFFREY R. SMITH TYLER P. TIPTON JOSEPH T. SALVINO JOSEPH P. SMITH TAYLOR TODD FRITZ SAMSON JOSIAH C. SMITH SYDNEY A. TODOROV MATTHEW D. SANCHEZ KRISTEN A. SMITH JOSHUA G. TOPLIFF BRANDON L. SANDERS MATTHEW P. SMITH NICHOLAS J. TORROLL GUMERSINDO SANTIAGO RODRIGUEZ NATHANIEL L. SMITH REID B. TOUCHBERRY ANTHONY V. SANTINO NICHOLAS ROAN SMITH TUAN U. TRAN ERIC J. SANTROCH PHILIP M. SMITH KYRA L. TRASK MATTHEW SATCHELL SKYLER C. SMITH MATTHEW J. TREADWELL ERIN L. SAUCIER TRAVIS WADE SMITH ANDREW J. TREIMAN DANIEL SAUNDERS TYLER D. SMITH JORDAN CLAUDE TREMBLAY JUSTIN M. SAUNDERS RUSSELL D. SMYTH PINAK M. TRIVEDI IAN M. SAVILLE AVERY A. SNYDER CHRISTOPHER TROUTMAN KRISTINA M. SAWTELLE BRANDON SNYDER RYAN BERNARD TROXEL JENNIFER A. SAYERS BRYAN SNYDER DANIEL J. TRUEBLOOD DAVID E. SCANLAND DANIEL W. SNYDER THOMAS VU TRUONG MATTHEW SCARDACI RYAN J. SNYDER AYANA N. TUCHSCHERER BLAIR ALEXANDER SCHAEFER NATHANIEL T. SORENSEN MATTHEW T. TUCKER NICHOLAS P. SCHAEFFER REED H. SOUTHARD MICHAEL L. TUCKER KYLE M. SCHAFER BENJAMIN C. SPAIN ANTHONY V. TUERO SCOTT CONLEY SCHAVRIEN KYLE T. SPAIN DREW R. TULLSON ANDREW M. SCHERFF JOHN C. SPARKS ALEXANDER Y. TUNIS JARED A. SCHERFF LATASHA L. SPEAR JESSICA L. TUNTLAND ADAM W. SCHEUER GEORGE C. SPELIOTES ANGELA J. TURNER CHRISTOPHER J. SCHLENER ELIZABETH C. SPENCER CORY R. TURNER MATTHEW J. SCHLITTLER LEONARD J. SPIGIEL II JAMES A. TURNER JONATHAN T. SCHMIDT JAMES R. SPINDLER SPENCER E. TURNER LON G. SCHMIDT MATTHEW W. SPONSELLER MATTHEW E. UPCHURCH NICHOLAS SCHMIDT ZACHARY P. SPOTTS TRENTON R. UPDIKE GRANT JONAS SCHOLL MEGAN E. SPRANG NICKOLAS A. UPTAIN GREGORY C. SCHONBERGER ADAM MICHAEL SPRING NICHOLAS L. UZELAC JEFFREY M. SCHORTMANN JEREMIAH C. STAMP JONATHAN B. VAAGE GREGORY P. SCHROEDER RUSSELL B. STANFIELD ELIZABETH P. VACCARO JESSICA M. SCHROEDER ADAM J. STARKEY JOSHUA M. VACCARO MICHAEL P. SCHROEDER CHARLES E. STATEN NATHAN C. VALLE AARON R. SCHUETT JONATHAN P. STEEL MATTHEW VALLERAND ALVIN L. SCHULTZ, JR. MATTHEW FRANCIS STEELE DAVID P. VAN ALSTINE KATHERINE M. SCHULTZ CRAIG J. STEFFEK RYAN R. VAN BOCKEL TYLER A. SCHULTZ SEAN R. STEFFER JEFFREY A. VAN HORN BENJAMIN M. SCHULZE THOMAS E. STEINER MICAH M. VAN MERSBERGEN STEVEN E. SCHULZE JASON EDWARD STEINLICHT MICHAEL A. VAN NORMAN ALVIN JOSEPH SCHURMAN NICHOLAS M. STEPHENS MATTHEW B. VAN OSTEROM MATTHEW F. SCHWANDT TIMOTHY SCOTT STEPHENS JUSTIN L. VAN PATTEN FRANK G. SCOPA AARON T. STEVENS TAN VAN BOBBY R. SCOTT ANDREW J. STEVENS CHRISTOPHER ANDREW VANCE CHRISTOPHER SCOTT GREGORY J. STEWART KEITH D. VANDAGRIFF DAVID L. SCOTT JENNIFER A. STEWART KEVIN M. VANDAGRIFF MICHAEL R. SCOTT PHILLIP E. STEWART GRAYDON R. VANDAMENT RICHARD B. SCOTT BENJAMIN STILL JOHN R. VANDENBROEKE SHAUN R. SCRAFFORD RYAN M. STILLWELL LUCAS J. VANTASSEL CHASE T. SCULLY RACHAEL H. STONE BRADLEY JOE VAUGHN ALBERT W. SECREST, JR. ERICA M. STOOKSBURY KEVIN L. VEGA THEODORE K. SEHER BRIAN D. STOOPS JOOST J. VERDUYN CHRISTOPHER M. SEIDLER SARAH E. STORM CULLEN J. VETTER SPENCER ROBERTSON SELLERS SCOTT M. STORM AUGUSTIN J. VIANI TICO A. SELLERS KYLE EVERETT STRAMBLAD BRANDON A. VIANI LARRY B. SEPASSI ERICA K. STRAND SHANE K. VILLANUEVA CRYSTAL D. M. SERMONS TYLER C. STREIT MIKE D. VILVEN BRENT ERIC SETON JAMES D. STRONG MICHAEL J. VINS CHARLES N. SETZER STEPHEN R. STRUBER JASON R. VIOLETTE DACIA S. SEXTON JARED C. STRUCK BRICE DWAIN ERIK VIRELL SALVATORE SFERRAZZA, JR. BRIAN D. STRUYK TIMOTHY J. VOIGT SAMUEL J. SHAMBURG ROBERT T. STRZELEC KYLE C. VOLPE JOSEPH D. SHAMY SEAN W. STUMPF BRETT S. VONGROVEN PATRICK J. SHANKS ANDREW D. STURGEON RYAN P. WADE KELLY M. SHARBEL CHRISTOPHER T. SULLIVAN PHILLIP F. WAGENBACH NATHANIEL WARNER SHARKEY HARRISON R. SUMERALL THOMAS WILLIAM WAGNER, JR. VIPUL SHARMA MICHAEL S. SUN ZACHARY K. WAGNER ELIZABETH SHAW RAK BUM SUNG STEPHEN J. WAHNON JAMES D. SHAW TODD L. SUSAN ROBERT A. WALDRUP JOHN SHAW BENJAMIN J. SUSEK JAMES J. WALKER JAMIE LEE CHRISTINE SHEA JOHN E. SUTER SAM S. WALKER PAUL J. SHEEHEY CHRISTOPHER DOUGLAS SUTTON SONIA C. WALKER KYLE T. SHELTON EDWARD L. SUTTON TODD E. WALKER ROBERT A. SHERLOCK CHRISTOPHER M. SWEENEY ADAM GREGORY WALLACE MICHAEL J. SHERMAN EDWARD A. SWEENEY WILLIAM P. WALLER JUSTIN M. SHETTER SCOTT S. SWIGONSKI JONATHAN P. WALSH THEODORE R. SHILLIG JARED BLAKE SWINDLE MATTHEW B. WALTON JOSHUA SHIMKO MATTHEW R. SYME JEFFREY CHARLES WARD EMILY E. SHORT JESSE A. SZWEDA MATTHEW R. WARD ERIN E. SHORT JORDAN K. TABAYOYON ADAM JOHN WARGO ROBERT N. SHORT II PAUL A. TAGGART CHRISTOPHER M. WARMS STEVEN R. SHULTZ MATTHEW K. TAKANEN JUSTIN M. WARNER ALEXANDER J. SIBAL THOMAS P. TALAFUSE LUKE W. WASCOVICH KARL A. SICKENDICK JERIC T. TALANIA ROBERT JOHN WASIL BENJAMIN C. SIDES CHIN K. TAM RYAN JAMES WASSON JOHN R. SIDOR LOK MING P. TAM JOHN DOUGLAS WATERS, JR. MATTHEW D. SIEVERS MICHAEL A. TANNER DUSTIN CURTIS WATKINS CHARLES M. SIGMAN ALBERT B. TAO WILLIAM O. WATSON III JARROD L. SILCOX JOSHUA POWELL TATE BENJAMIN J. WAUER COREY D. SIMMONS ANDRE J. TAYLOR JEREMIAH R. WEAVER HEATHER A. SIMONE CHRISTOPHER A. TAYLOR CHRISTOPHER M. WEED ANDREW I. SIMPSON FORREST D. TAYLOR DANIEL J. WEEKS NICOLE L. SINGER RAHSON A. TAYLOR KAYLEE S. WEEKS BRANDON N. SIVRET CODY E. TEER SHANE D. WEEKS SEAN A. SIZEMORE DOMINIC RUPERT TEICH MATTHEW C. WEILBACHER NATHAN R. SKAVDAL ANDREW K. TEIGELER STEPHEN E. WEIR, JR. SCOTT D. SKIBITSKY JOHN P. TEKELL RYAN G. WEISSINGER JUSTIN W. SKINNER LINDSAY G. TEMES RODGER T. WELDING TRAVIS JUSTIN SLACK LINDSEY B. TENNEY MARCUS ROBERT WELLS MICHAEL E. SLAWSKI JEREMY M. TERNDRUP RYAN M. WELLS MICAH C. SLAYTON RENE TERRIQUEZ MICHAEL S. WELT TRAVIS SCOTT SLONE PETER J. THEISEN JUSTIN RAYMOND WERNER JONATHAN J. SLOTTJE JARED T. THIBAULT GABRIEL J. WEST JUSTIN K. SMALLING KAELIN DEAN THISTLEWOOD SHAWN M. WEST ADAM J. SMITH AARON J. THOMAS LUKE F. WESTMAN ADAM N. SMITH CHELSEE RENEE THOMAS MICHAEL A. WETHERBEE AMANDA LEA SMITH DONALD J. THOMAS MICHAEL E. WETLESEN BENJAMIN D. SMITH CHAD A. THOMPSON RAYMOND S. WHISENHUNT CAS R. SMITH JAMES EDWARD THOMPSON III DANIEL G. WHITE CHRISTOPHER SMITH RYAN M. THOMPSON JAMES L. WHITE CHRISTOPHER A. SMITH SARAH JANE AHN THOMPSON ROBIN MAE WHITE CHRISTOPHER J. SMITH MICHAEL L. THOMSON RYAN J. WHITE CORBAN J. SMITH ERIC R. THONVOLD IAN C. WHITEMAN CORY A. SMITH JOHN P. THORNTON SCOTT L. WHITMORE DON N. SMITH REGAN L. TILLMAN ADAM LEE WIENK DUSTIN L. SMITH AARON C. TIMMERMANN AKHENATON K. WILBOURN

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PAUL A. WILCOX, JR. GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT J. WILCOX UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROSEMARIE M. WILDE To be colonel MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JAMES D. WILDUNG TIONS 624 AND 3064: STEVEN A. WILHOIT ISAMETTIN A. ARAL To be major WESLEY S. WILKENING DANIEL J. BEGIN JAMES C. WILKINSON CYNTHIA VALDERREY BERNETT MELISSA B. REISTER KYLE S. WILKINSON CARLOS J. BORGES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL P. WILKINSON MYRTLE BOWEN TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID R. WILLIAMS BRIAN JAMES BUDDEN ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GEORGE W. WILLIAMS BRYAN C. CARLSON HUGH J. WILLIAMS JOHN T. CARMACK To be colonel JOSHUA EZRA WILLIAMS JULIE ANNE CARPENTER KIPP M. WILLIAMS GARY ROBERT CHARLTON II CHARLES M. CAUSEY MARTIN K. WILLIAMS CARRIE A. COLAS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATHAN R. WILLIAMS JOHN MICHAEL COSGROVE TO THE GRADE INDICATED IN THE RESERVE OF THE REGINALD GERARD WILLIAMS MICHAEL HAGAN CROKER ARMY UNDER TITLE 10, U.S.C., SECTION 12203: SHANE T. WILLIAMS KONATA A. CRUMBLY SCOTT C. WILLIS ROBERT RICHARD DALTO To be colonel BRANDON V. WILSON MARY S. DECKER CHRISTIAN C. WILSON MICHAEL JON DIDIO STEPHEN A. LABATE CURTIS G. WILSON MATTHEW E. EAKINS RAYMOND J. ORR DAVID JOSEPH WILSON JOHN E. EHRHART, JR. THE FOLLOWING NAMED OFFICER FOR REGULAR AP- JEFFREY P. WILSON DOUGLAS C. EOUTE, JR. POINTMENT IN THE GRADE INDICATED IN THE UNITED JUSTIN C. WILSON QUENTEN MERRIT ESSER STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., ROBERT CHARLES WILSON JACK R. EVANS SECTIONS 531 AND 3064: RYAN E. WILSON EDWARD JOHN FINK, JR. SAMANTHA WILSON MICHAEL SHAWN GARRETT To be lieutenant colonel TIMOTHY S. WILSON TYLER M. GRIFFITH ROXANNE E. WALLACE KEVIN T. WINBLAD COREY MITCHELL HALVORSON RICHARD S. WINFIELD SCOTT DAVID HARRON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BENJAMIN L. WINGLER GREG J. HAWKESWORTH TO THE GRADE INDICATED IN THE UNITED STATES ARMY BUD V. WINN SHAWN EDWARD HOLTZ UNDER TITLE 10, U.S.C., SECTION 624: DANIEL J. WINN JEREMY FREDRICK HUFFAKER To be major KEVIN A. WINSLOW DONALD TODD HUSTON CHRISTINE N. WINTERMOTE RAYMOND L. HYLAND, JR. ERIC A. MITCHELL MARK JONERIC WIREMAN JAY PHILLIP JACKSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRITTANY L. WIRTH CHRISTOPHER A. JARRATT TO THE GRADE INDICATED IN THE RESERVE OF THE JOSHUA M. WOHLFORD DAWN L. JUNK LANIE S. WOLF DAVID M. KASHIWAMURA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL WOLF JARED PALMER KENNISH, JR. To be colonel LESLIE A. WOLL PATRICK W. KIRBY MATTHEW D. WOLSKI EDWARD B. LAMAR, JR. JONATHAN J. VANNATTA KELLY M. WOLTER PATRICK LEO LANAGHAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAMON R. WONG WILLIAM MICHAEL LEAHY TO THE GRADE INDICATED IN THE UNITED STATES ARMY NEIL J. WOOD MICHAEL J. LENAHAN UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM S. WOOD GREGORY R. LEWIS DAVID A. WOODDELL, JR. FRANK JAMES LOBASH To be lieutenant colonel CANDIS A. WOODS JARED SCOVILLE MAAG KEITH R. WOODS ALAN PATRICK MCCRACKEN DENNIS D. CALLOWAY MEGAN A. WORDEN LISA M. MCLEOD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENJAMIN B. WORKER MICHAEL J. METCALF TO THE GRADE INDICATED IN THE RESERVE OF THE DEREK WOUDEN FRANKLIN B. MEYERS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KARRIE E. WRAY EILEEN M. MUELLER–MILLER KYLE D. WRIGHT MICHELLE R. MULBERRY To be colonel MICHAEL A. NELSON, JR. SCOTT M. WRIGHT KENNETH L. ALFORD STEPHANIE JO NELSON PAUL ROBERT WRUK MICHAEL A. MILTON GREGORY S. NOLTING EDWARD H. WYANT BRUCE T. SIDEBOTHAM JOHN M. WYANT LISA L. OBRIEN JASON M. WYCHE JOSEPH R. OLSZEWSKI THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- NINA M. YACOVONE JAMES A. POKORSKI II CATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, MATTHEW H. YAN ROBERT MICHAEL PRATER U.S.C., SECTION 12203: CHRISTOPHER S. YEAGER JASON R. PRICE To be colonel FLORENCE KAKEI YEE GUILLERMO QUETELL KEITH W. YELK REID F. RASMUSSEN HENRY SPRING, JR. DIANE L. ROBERTS JOSHUA R. YERK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDELL YI BRETT B. ROBINSON MICHAEL S. ROSE TO THE GRADE INDICATED IN THE RESERVE OF THE RYAN M. YINGLING ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LINDSAY L. YIP LAWRENCE HENRY SCHAEFER BRIAN K. YOAKAM LEASHA R. SCHEMMEL To be colonel ROBERT YOKOI CHRISTOPHER RAYMOND SCHMELZER ARTHUR B. YOUNG BEVERLY GAY SCHNEIDER CRAIG A. YUNKER JONATHAN D. YOUNG FRANCIS J. SCOLARO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW J. YOUNG ROGER DAVID SHAPIRO TO THE GRADE INDICATED IN THE UNITED STATES ARMY GINA MARIA SIMONSON BROCK ARTHUR YOWELL UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL RAY SPAULDING JING YU JOSEPH S. STEWART MARK YURGIL To be lieutenant colonel DAVID E. STOCKDILL MATTHEW S. ZACHARIAS ANTHONY D. STRATTON CORNELIUS J. POPE COSTANTINOS ZAGARIS STRIDER SULLEY TAYLOR JOSEPH ZAHM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAFAEL TORRES MUNEEL A. ZAIDI TO THE GRADE INDICATED IN THE RESERVE OF THE KURT A. TUININGA EVAN STOWELL ZANGERLE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DENNIS V. VARELA STEPHANY S. ZARIFA EWERS JUSTIN T. WAGNER To be colonel AXEL A. ZENGOTITA ROBERT WILLIAM WAGNER MATTHEW D. ZENISHEK ANTHONY K. MCCONNELL JEFFREY BRIAN WARD ANTHONY JAMES ZIEGLER BRITT A. WATSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JESSE M. ZIEGLER JAMES LOUIS WEHRLI TO THE GRADE INDICATED IN THE UNITED STATES ARMY ERIC L. ZIESSLER RANDOLPH R. WHITELY UNDER TITLE 10, U.S.C., SECTION 624: CRAIG M. ZINCK TIMOTHY P. WILLIAMS ANDREW G. ZIOLKOWSKI To be lieutenant colonel JIMMY CARROLL WORLEY LIANE ZIVITSKI JANICE MARIE ZAUTNER ZACHARY L. ZORN JENNIFER L. CUMMINGS ADRIA PAGE ZUCCARO PETER ZWART THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LESLIE ANN ZYZDA–MARTIN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE RESERVE OF THE MENT TO THE GRADE INDICATED IN THE RESERVE OF IN THE ARMY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS DONALD J. ERPENBACH GARY A. FAIRCHILD 624 AND 3064: TIMOTHY A. FANTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE REGULAR AIR FORCE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: EILEEN K. JENKINS MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE To be major MEGAN M. LUKA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PRESTON H. LEONARD THE FOLLOWING NAMED AIR NATIONAL GUARD OFFI- To be colonel CERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U. JEFFREY M. FARRIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 624 AND 3064: To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- To be colonel BRANDON D. CLINT TIONS 624 AND 3064: EDMUND J. RUTHERFORD To be lieutenant colonel CARL I. SHAIA THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED STATES OFFICERS FOR APPOINTMENT TO THE MATTHEW T. BELL TO THE GRADE INDICATED IN THE UNITED STATES ARMY

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VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES D. LEVINE II 624 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN M. MCCABE To be lieutenant colonel UNDER TITLE 10, U.S.C., SECTION 624: PATRICK D. PFLAUM To be major CHARLES L. PRITCHARD, JR. LISA M. BARDEN STEPHANIE D. SANDERSON EMILY C. SCHIFFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD A. GAUTIER, JR. THOMAS E. SCHIFFER TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACKIE L. THOMPSON, JR. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE RESERVE OF THE LANCE B. TURLINGTON ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel IN THE NAVY ROGER D. LYLES To be colonel THE FOLLOWING NAMED OFFICERS FOR TEMPORARY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH A. PAPENFUS APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE 5721: To be lieutenant colonel ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant commander CLARA A. BIEGANEK To be colonel JAFAR A. ALI THE FOLLOWING NAMED OFFICER FOR REGULAR AP- STUART G. BAKER JONANDREW D. ANDERSON JAMES E. BARFOOT POINTMENT IN THE GRADE INDICATED IN THE UNITED KEVIN R. BARNES BRIAN C. BEARD STATES ARMY JUDGE ADVOCATE GENERAL’S CORPS GEORGE T. CARTER ANDREW M. BRETT UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: JAMES P. HALL MATTHEW S. BROOKS LEONARD W. JONES To be major RYAN W. COLLINSMINKEL DAVID P. LARSON AMBER L. COWAN ISAIAH M. GARFIAS JOHN J. MARCH GREGORY L. CRUM PAUL D. THOMPSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TREVOR B. ELISON WALTER D. VENNEMAN TO THE GRADE INDICATED IN THE RESERVE OF THE MARKUS G. FRANZ ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DALLAS C. GATES To be colonel TO THE GRADE INDICATED IN THE RESERVE OF THE JERROD S. HALL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CATHERINE L. HAYNES LOUIS E. HERRERA To be colonel MICHAEL A. HOSELTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT V. HUDDLESTON TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID S. YUEN CHRISTOPHER R. KAGEHIRO BRITTANY B. KALUSCAK UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS R. KINSEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be major JAMES P. LEE UNDER TITLE 10, U.S.C., SECTION 624: SCHNICKA L. SINGLETON DAVID B. LITZ To be major PAUL T. LYNE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- BRIAN F. MAHLER POINTMENT IN THE GRADE INDICATED IN THE UNITED DONTA A. WHITE MICHAEL J. MARKER STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S. C., THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER M. MAROLT SECTIONS 531 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES ARMY TYLER V. MARSHBURN To be colonel AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 ANDREW J. MARTIN AND 3064: CRAIG T. MEEKINS JOHN R. BURCHFIELD DANIEL T. MILLER THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be major NICHOLAS J. MOTTOLA POINTMENT IN THE GRADE INDICATED IN THE UNITED TONY A. HAMPTON MITCHELL S. NELSON STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: NEAL N. NELSON THE FOLLOWING NAMED ARMY NATIONAL GUARD OF KENT W. NYGREN To be major THE UNITED STATES OFFICERS FOR APPOINTMENT TO WILLIAM C. PARKS THE GRADE INDICATED IN THE RESERVE OF THE ARMY ELIZABETH S. EATONFERENZI JEREMY C. PHILLIPS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: RYAN J. PIFER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel WALTER G. POINT TO THE GRADE INDICATED IN THE UNITED STATES ARMY FRED D. RAY UNDER TITLE 10, U.S.C., SECTION 624: CHARLES C. ANDERSON JOSE SANCHEZ, JR. To be major JONATHAN P. BEDDALL PAUL D. SCHREINER GEORGE H. BRAUCHLER LUCAS R. SCRUBY RICHARD D. MINA MICHAEL C. BURGHARDT ALBERT J. STORRS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PERRY M. CARPER II ROBERT M. TANKSLEY TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW C. DIEFENTHANLER BENJAMIN G. TARTELL JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, RICHARD D. FERGUSON JORGE G. TELLEZ U.S.C., SECTIONS 624 AND 3064: MICHAEL R. GLYNN ANTHONY K. WOLVERTON To be lieutenant colonel RYAN M. KING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD J. KOSIAK IN THE GRADE INDICATED TO THE UNITED STATES NAVY TEMIDAYO L. ANDERSON ROBERT E. KUSTER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ALISON F. H. ATKINS JOHN T. OAKLEY ANDREW R. ATKINS MICHAEL S. PEYERL To be captain PETER P. RILEY MICHAEL E. BAHM MERYL A. SEVERSON III AIMEE M. BATEMAN PAUL W. RODGERS CATHERINE L. BRANTLEY ZARA A. WALTERS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK L. BRYAN ORSON M. WARD IN THE GRADE INDICATED IN THE REGULAR NAVY NAGESH CHELLURI JAMES D. WILLSON UNDER TITLE 10, U.S.C., SECTION 531: JASON A. COATS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander SCOTT A. DIROCCO TO THE GRADE INDICATED IN THE RESERVE OF THE REBECCA L. FARRELL ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ASHLEY R. BJORKLUND MATTHEW S. FITZGERALD THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SEAN D. FOSTER To be colonel MENT TO THE GRADE INDICATED IN THE REGULAR NAVY JENNIFER B. GREEN UNDER TITLE 10, U.S.C., SECTION 531: SAMUEL E. GREGORY DAVID A. YASENCHOCK ROBERT A. GUILLEN, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander MICHAEL P. HARRY TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOE N. HILL UNDER TITLE 10, U.S.C., SECTION 624: ADELEKE O. MOWOBI JOSHUA L. KESSLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL R. KUECKER To be major TO THE GRADE INDICATED IN THE UNITED STATES NAVY JONATHAN LAMBERT AARON C. RAMIRO UNDER TITLE 10, U.S.C., SECTION 624: JAMES P. LEARY TODD L. LINDQUIST THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL G. LIPKIN MARY K. ARBUTHNOT UNDER TITLE 10, U.S.C., SECTION 624: JOHN R. LONGLEY III JOHN K. WERNER, JR. MATTHEW H. LUND To be lieutenant colonel JUSTIN M. MARCHESI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY EDWARD B. MARTIN RICHARD M. STRONG DANIEL J. MURPHY UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JENEVIEVE R. MURPHY TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander THOMAS W. OAKLEY UNDER TITLE 10, U.S.C., SECTION 624: MARK J. OPPEL STEPHEN W. HEDRICK BRIAN B. OWENS To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALEXANDER R. SCHNEIDER IN THE GRADE INDICATED IN THE UNITED STATES NAVY SHARI F. SHUGART BRENDON S. BAKER UNDER TITLE 10, U.S.C., SECTION 531: PHYLISHA A. SOUTH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAY STANFORD TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander TANASHA N. STINSON JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, VINCENT M. J. AMBROSINO JOSEPH L. STRAWN U.S.C., SECTIONS 624 AND 3064: ILDIKO E. SZENTKIRALYI THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- LUCIUS E. TILLMAN To be colonel MENT TO THE GRADE INDICATED IN THE NAVY RESERVE JOHN T. M. TUTTEROW UNDER TITLE 10, U.S.C., SECTION 12203: LANNY J. ACOSTA, JR. JASON C. WELLS JAMES A. BAGWELL To be captain D0127914 LAURA J. CALESE NEAL P. RIDGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSE A. CORA TO THE GRADE INDICATED IN THE UNITED STATES ARMY JERRETT W. DUNLAP, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND JACQUELINE L. EMANUEL TO THE GRADE INDICATED IN THE UNITED STATES NAVY 3064: TERRI J. ERISMAN UNDER TITLE 10, U.S.C., SECTION 624: To be major JESSICA A. G. HALLING To be commander CHRISTOPHER A. KENNEBECK ANJELIQUA S. MCNAIR EUGENE Y. KIM MICHAEL A. POLITO

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID M. GILBERT CHRISTOPHER J. PELAR TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID S. GONZALEZ NEIL R. PENSO UNDER TITLE 10, U.S.C., SECTION 624: ELIEZER GONZALEZ KURT W. PFEFFER LEE R. GORLIN ANDREW D. PHIPPS To be captain ROBERT D. GORMAN JEYAR L. PIERCE WILLIAM A. SCHULTZ ANDREW M. GRANTHAM DAVID A. PIPKORN CHRISTOPHER F. GREENOUGH JOSEPH P. PLUNKETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK J. GRIZZLE ROBERT S. POITINGER TO THE GRADE INDICATED IN THE UNITED STATES NAVY SEAN T. GROARK JOHN P. POLEY UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL B. GRONCKI II JOSEPH P. PRADO To be lieutenant commander IAN C. GROOM ANDREW D. PRITCHETT ANTHONY J. GUIDO FREDRICK D. PUGH ABDESLAM BOUSALHAM MATTHEW C. HADDAD CHRISTOPHER S. PULLIAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN M. HALL ERIC A. QUIGLEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY IAN HANNA ALEJANDRO M. QUINTERO UNDER TITLE 10, U.S.C., SECTION 624: ERIC C. HANSON THOMAS J. RADER KEVAN P. HANSON RYAN R. RAMOS To be lieutenant commander BRENT L. HARDGRAVE PETER J. RANERI STEPHEN A. HART JONATHAN T. REBUCK SCOTT M. MOREY LISA G. HARTLEY FRANK M. REED III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON L. HATHAWAY HOWARD B. REINEY, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY KELLY L. HAUPT SHERAL A. RICHARDSON UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH S. HEAL BYRON RIOS To be lieutenant commander TERRANCE L. HERDLISKA CALLAN D. ROBBINS MATTHEW R. HERRING JASON W. ROBERTS CHRISTIAN R. FOSCHI JENNIFER L. HERTZLER MICHELLE I. ROSENBERG JOHN D. HESS MICHAEL C. ROSS IN THE COAST GUARD JEROD M. HITZEL MALLORIE G. SCHELL STEFANIE J. HODGDON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES J. SCHOCK JAMES M. HODGES DANIEL A. SCHRADER TO THE GRADE INDICATED IN THE UNITED STATES JONATHAN W. HOFIUS COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(E): DEREK L. SCHRAMEL ZACHARY D. HUFF JOHN SGARLATA, JR. To be lieutenant commander STEVEN W. HULSE MATTHEW A. SHAFFER MATTHEW C. HUNT SALADIN SHELTON STEPHEN J. ALBERT BRYSON C. JACOBS PAUL C. SIMPSON ELROY S. ALLEN RAYMOND M. JAMROS JAMES D. SLAPAK KIRSTEN M. AMBORS–CASEY SARAH M. JANARO RANDALL J. SLUSHER JUAN C. AVILA DAVID L. JANNEY NORMA L. SMIHAL KENJI R. AWAMURA ANDREW B. JANTZEN COLLEEN M. SMITH CHARLES J. BARE CHELSEA A. KALIL JOSEPH L. SMITH DUSTIN G. BARKER ABIGAIL H. KAWADA JOSH L. SMITH TODD C. BATTEN CAROLINE D. KEARNEY KATIE E. SMITH CAROLINE B. BELL GARY G. KIM LAUREN E. SMOAK ZACHARY C. BENDER MIN H. KIM BRETT L. SPRENGER JAMES C. BENNETT GRETAL G. KINNEY KEVIN L. ST.CIN JONATHAN P. BENVENUTO DAVID B. KOMAR PAUL W. STEPLER JASON L. BERGER BRITTANI J. KOROKNAY RACHEL P. STRUBEL NICOLE L. BLANCHARD KEVIN K. KOSKI GEORGE R. SUCHANEK SIMON G. BLANCO MATTHEW M. KROLL JOHN P. SUCKOW JORDAN T. BOGHOSIAN SARAH A. KROLMAN KATHLEEN M. SULLIVAN CHRISTOPHER A. BONNER NICHOLAS R. KROSS AMY K. SUNG CHAD M. BROOK BROWNIE J. KUK MATTHEW M. SWANNER CHRISTINE S. BROWN CELINA H. LADYGA DAVID C. THOMPSON BRYAN P. BROWNLEE JONATHAN W. LADYGA DAMON THORNTON MARK W. BURGNER LEO C. LAKE JESSICA S. THORNTON WILLIAM J. BURWELL JONATHAN M. LARAIA JOHN D. TOMLIN KRISTEN M. BYERS DUSTIN T. LEE MELVIN A. TORRES NELSON W. CABLE KAREN M. LEE CHRISTOPHER N. TOUSSAINT NOLAN V. CAIN BLAKE K. LEEDY CYNTHIA S. TRAVERS KRISTEN B. CALDWELL CLINTON D. LEMASTERS MICHAEL R. TURANITZA GREGORY S. CARR PAUL M. LEON EDUARDO M. VALDEZ JASON R. CARRILLO BENJAMIN S. LEUTHOLD MATTHEW J. VANGINKEL KYLE M. CARTER AARON B. LEYKO FAUSTO E. VERAS KYRA M. CHIN–DYKEMAN JAMES P. LITZINGER MICHAEL M. VICKERS ERIN H. CHLUM JOHN T. LIVINGSTON MICHAEL A. VILES BRADLEY R. CLEMONS ROBERT J. LOKAR STEVEN M. VOLK MEGAN K. CLIFFORD SEAN A. LOTT JOHN M. WALSH ROBERT D. COLE, JR. RACHAEL E. LOVE TODD A. WEIMORTS ROBERTO C. CONCEPCION CHARLES A. LUMPKIN STEVEN D. WELCH JASON A. CONDON RYAN W. MACA BRUCE D. WELLS KEVIN H. CONNELL STEVEN A. MACIAS MASON C.E. WILCOX REBECCA M. CORSON ROBERT M. MACKENZIE DEREK D. WILSON JAMES D. COUCH ISSAC D. MAHAR PAUL A. WINDT BRIAN A. CRIMMEL SAWYER M. MANN NICHOLAS A. WOESSNER BRYAN S. CROOK MARC A. MARES FRANCIS E.S. WOLFE LANE P. CUTLER CHRISTOPHER H. MARTIN JONATHAN M. WOLSTENHOLME KATHRYN R. CYR SCOTT A. MCBRIDE ROBERT T. WRIGHT STEVEN T. DAVIES KENNITH W. MCCAIN VICTOR M. YAGUCHI REBECCA W. DEAKIN CHRISTOPHER J. MCCANN MILES K. YOUNG MICHAEL A. DEAL SCOTT J. MCCANN MATTHEW W. ZINN DANIEL J. DEANGELO JAYNA G. MCCARRON ANDREW B. DENNELLY ADAM J. MCCARTHY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AMANDA W. DENNING SCOTT H. MCGREW IN THE UNITED STATES COAST GUARD TO THE GRADE IN- AMANDA M. DIPIETRO PATRICK M. MCMAHON DICATED UNDER TITLE 14, U.S.C, SECTION 271(E): ANNA K. DIXON ANNA C. MCNEIL To be commander TIMOTHY W. DOLAN STEVEN T. MELVIN KELLI M. DOUGHERTY HERMIE P. MENDOZA JENNIFER L. ADAMS LESLIE M. DOWNING MEGAN K. MERVAR MARC H. AKUS STEPHEN J. DRAUSZEWSKI JULIAN M. MIDDLETON DAVID J. ALDOUS MICHAEL J. DUBINSKY JEFFREY S. MILGATE NATHAN W. ALLEN QUINTON L. DUBOSE MICHAEL S. MILLER RYAN J. ALLEN ANDREW S. DUNLEVY FRANK P. MINOPOLI SHAMEEN E. ANTHANIOWILLIAMS ELISA F. DYKMAN CAITLIN H. MITCHELL–WURSTER MELLISSA J. ARLES RONALD EASLEY NATHAN P. MORELLO CHRISTOPHER M. ARMSTRONG ERICA L. ELFGUINN KARL H. MUELLER CHARLES L. BANKS, JR. PATRICIA C. ELLISTON IAN J. MULCAHY ANN M. BASSOLINO DENNY A. ERNSTER ADAM L. MULLINS KEVIN M. BECK BRYCE G. ETTESTAD JOHN E. MUNDALE ANDREW J. BEHNKE JASON E. EVANS ANDREW J. MURPHY ROBERT J. BERRY II DANIEL J. EVERY JOSHUA C. MURPHY FRED S. BERTSCH IV AMANDA L. FAHRIG ELIZABETH G. NAKAGAWA VANESSA BLACKMORE DIANA FERGUSON NIKEA L. NATTEAL WILLIAM K. BLAIR JAMISON R. FERRIELL ANDREW J. NEBL JOHN D. BLOCK TRACI–ANN FIAMMETTA JASON A. NEIMAN PETER F. BOSMA MICHAEL L. FLINT DAVID T. NEWCOMB RUBEN E. BOUDREAUX JOHN M. FORSTER HUY D. NGUYEN KEVIN C. BOYD, JR. EDWARD K. FORYS BRET D. NICHOLS VALERIE A. BOYD REBECCA A. FOSHA CHRISTOPHER M. NICHOLS JASON P. BRAND MICHELLE M. FOSTER ERIC D. NIELSEN WILLIAM C. BRENT, JR. JAMES T. FREEMAN RICHARD D. NINES CHAD R. BRICK JEFFREY A. FRY JEFFREY T. NOYES SHANE D. BRIDGES NICHOLAS A. GALATI ROBERT P. ODONNELL KEVIN A. BROYLES VICTOR J. GALGANO GRACE E. OH BRYAN J. BURKHALTER RVEN T. GARCIA TERESA Z. OHLEY ERIC A. CAIN MICAH N. GENTILE PHILLIP N. ORTEGA JOSEPH G. CALLAGHAN ZACHERY J. GEYER JACOB T. PAARLBERG IAN L. CALLANDER MARIO G. GIL JARRETT S. PARKER BRIAN R. CARROLL

VerDate Sep 11 2014 05:11 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 9801 E:\CR\FM\A15NO6.081 S15NOPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6386 CONGRESSIONAL RECORD — SENATE November 15, 2016 PAUL R. CASEY CHRISTOPHER M. PASCIUTO To be captain ERIC M. CASPER CHESTER A. PASSIC JACOB L. CASS ANDREW L. PATE MARK E. AMES MICHAEL P.C. CHIEN MARK B. PATTON MICHAEL G. BARTON MICHAEL N. COST JEFFREY L. PAYNE LEON D. DAME JUSTIN K. COVERT JAMES H. PERSHING TIFFANY G. DANKO MELBA J. CRISP BARTON L. PHILPOTT STACIE L. FAIN CHARLENE R.T. CRISS JEFFREY J. PILE DANIEL J. FITZGERALD MARK W. CRYSLER ELIZABETH T. PLATT JOANNA K. HIIGEL CHRISTOPHER J. DAVIS KENNETH B. POOLE II JASON A. LEHTO KAREN DENNY JORGE PORTO RICHARD E. NEIMAN, JR. MATTHEW C. DERRENBACHER MARK B. POTOTSCHNIK COLLEEN M. PAK MICHAEL S. DIPACE LEAH M. PRESTON GEORGE W. PETRAS JASON D. DOLBECK AMANDA M. RAMASSINI MICHAEL A. SPOLIDORO MATTHEW D. DOORIS LIBBY J. RASMUSSEN MATTHEW D. WADLEIGH CHRISTOPHER DOUGLAS JEFFREY J. RASNAKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEITH M. DOXEY LISA M. RICE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- KEVIN F. DUFFY MATTHEW ROONEY DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): JASON R. DUNN MICHAEL B. RUSSELL SAMUEL Z. EDWARDS JAN A. RYBKA JAMIE M. EMBRY PAUL SALERNO To be captain TODD L. EMERSON EVELYNN B. SAMMS JOHN F. BARRESI DANIEL J. EVERETTE RACHELLE N. SAMUEL AMY M. BEACH PETER M. EVONUK KEVIN B. SAUNDERS BENJAMIN D. BERG BRIAN M. FARMER BENJAMIN J. SCHLUCKEBIER JEFFREY P. FERLAUTO JOHN M. BRANCH TIMOTHY L. SCHMITZ FRANK J. FLORIO III PAUL BROOKS DEON J. SCOTT JAMES T. FOGLE BRUCE C. BROWN KIRK C. SHADRICK GEORGE O. FULENWIDER III SUZANNE M. BROWN BROOK W. SHERMAN PATRICK J. GALLAGHER MARIE BYRD JASON S. SMITH WILLIAM J. GEORGE FLIP P. CAPISTRANO LAURA J. SMOLINSKI ROBERT H. GOMEZ JAY CAPUTO JOAN SNAITH DENNIS D. GOOD CLINTON S. CARLSON GABRIEL J. SOMMA EVANGELINE R. GORMLEY KEVIN M. CARROLL ROBERT E. STILES JOHN A. GOSHORN TRAVIS L. CARTER JESSICA R. STYRON ANDREW P. GRANT JOHN D. COLE ROBERT D. TAYLOR BROOKE E. GRANT TIMOTHY J. CONNORS JAMES K. TERRELL DERRICK S. GREER ERIC M. COOPER EMILY L. THARP STEVEN M. GRIFFIN JOHN P. DEBOK ALFRED J. THOMPSON WILLIAM M. GROSSMAN ERIC D. DENLEY LAWRENCE W. TINSTMAN JAY W. GUYER ANGELIC D. DONOVAN DAVID A. TORRES GREGORY M. HAAS MARYELLEN J. DURLEY DEVIN L. TOWNSEND JEREMY M. HALL WILLIAM G. DWYER CHRISTOPHER A. TREIB BYRON H. HAYES MATTHEW EDWARDS JARED S. TRUSZ DOROTHY J. HERNAEZ MICHAEL J. ENNIS MICHAEL A. VENTURELLA ROBERT P. HILL BRIAN D. FALK MATTHEW J. WALKER JENNIFER L. HNATOW ROSEMARY P. FIRESTINE WILLIAM R. WALKER JACOB A. HOBSON ARTHUR H. GOMEZ SARA A. WALLACE MORGAN T. HOLDEN AMY B. GRABLE TAMARA S. WALLEN DEAN E. HORTON HOLLY R. HARRISON AMBER S. WARD DONALD K. ISOM MARK E. HIIGEL RODNEY P. WERT MAX M. JENNY PATRICK M. HILBERT STEPHEN E. WEST KHRISTOPHER D. JOHNS TODD M. HOWARD CHRISTOPHER A. WHITE CHRISTOPHER L. JONES RICHARD E. HOWES BRIAN R. WILLSON KAREN S. JONES MICHAEL A. HUDSON WILLIAM B. WINBURN MATTHEW N. JONES MARK A. JACKSON TRACY L. WIRTH KEVIN A. KEENAN SCOTT L. JOHNSON CHRISTOPHER L. WRIGHT SCOTT R. KIRKLAND ERIC P. KING BRENT C. YEZEFSKI AJA L. KIRKSEY SHAWN S. KOCH PETER J. ZAUNER DAVID J. KOWALCZYK, JR. SHERMAN M. LACEY DONALD R. KUHL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM A. LEWIN SHAWN A. LANSING IN THE UNITED STATES COAST GUARD RESERVE TO THE RALPH R. LITTLE MARK L. LAY GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: VIVIANNE LOUIE KRISTINA L. LEWIS MICHAEL C. MACMILLAN PAUL J. MANGINI To be captain JAMES D. MARQUEZ ELIZABETH L. MASSIMI DARYL P. SCHAFFER CRAIG J. MASSELLO RYAN P. MATSON LISA H. SCHULZ JOSEPH T. MCGILLEY ERIC J. MATTHIES ADAM B. MORRISON HAROLD L. MCCARTER THE FOLLOWING NAMED OFFICERS OF THE COAST PRINCE A. NEAL BLAKE A. MCKINNEY GUARD PERMANENT COMMISSIONED TEACHING STAFF TIMOTHY M. NEWTON WILLIAM A. MCKINSTRY FOR APPOINTMENT IN THE UNITED STATES COAST JEFFREY W. NOVAK JAMES M. MCLAY GUARD TO THE GRADE INDICATED UNDER TITLE 14, LOUIE C. PARKS, JR. JAMES D. MCMANUS U.S.C., SECTIONS 189 AND 276: JOSE A. PENA BRAD M. MCNALLY To be captain MICHAEL R. ROSCHEL JOSEPH W. MCPHERSON III GREGORY C. ROTHROCK JOHN M.P. MCTAMNEY IV DAVID C. CLIPPINGER JAMES B. RUSH RONALD R. MILLSPAUGH MICHAEL J. CORL JASON H. RYAN MARC J. MONTEMERLO GREGORY J. HALL MICHAEL SCHOONOVER, JR. JASON W. MORGAN RUSSELL E. BOWMAN MARK J. SHEPARD RYAN T. MURPHY JASON E. SMITH MICHAEL A. NALLI To be commander SAMPSON C. STEVENS MARK R. NEELAND JOSEPH T. BENIN SCOTT A. STOERMER JUSTIN W. NOGGLE JEFFREY S. SWANSON MARTIN L. NOSSETT IV To be lieutenant commander ROXANNE TAMEZ ANNE E. OCONNELL GREGORY L. THOMAS JAMES M. OMARA IV MATTHEW B. WILLIAMS RICHTER L. TIPTON ROGER E. OMENHISER, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERTO H. TORRES BRENDAN P. OSHEA IN THE UNITED STATES COAST GUARD RESERVE TO THE KARRIE C. TREBBE JOSEPH B. PARKER GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION JACQUELINE M. TWOMEY STACIA F. PARROTT 12203(A): MARK B. WALSH

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HONORING THE 10TH Mr. Ahmuty has spent much of his career HONORING MR. W. THOMAS ANNIVERSARY OF MARIS GROVE making an extraordinary impact on civil lib- MUSSER erties and civil rights in Wisconsin. Over the HON. PATRICK MEEHAN decades he has led the organization as a tire- HON. PATRICK MEEHAN OF PENNSYLVANIA less advocate for issues such as LGBT rights, OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES voting rights, reproductive freedom, transit eq- IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2016 uity, environmental justice, free speech, and Tuesday, November 15, 2016 public access to the state Capitol. Chris Mr. MEEHAN. Mr. Speaker, I rise today to Ahmuty is especially proud of the organiza- Mr. MEEHAN. Mr. Speaker, I rise today to honor Mr. W. Thomas ‘‘Tom’’ Musser on re- congratulate Maris Grove on celebrating its tion’s success in racial discrimination cases, 10th anniversary this October. ceiving the Chester County Community Foun- marriage equality, and youth leadership devel- Maris Grove retirement community opened dation’s Jordan Award for philanthropic leader- in 2006 to provide an active senior living facil- opment. He remains a man in a hurry, ready ship. ity in southeastern Pennsylvania. It’s been my to push back against those who would deny Mr. Musser dedicated his life to community privilege to visit the facility and get to know so fundamental liberties; he truly believes that service. After serving his country in the Ko- many of its residents since then. whenever society and the laws that govern so- rean War, Tom and his brother founded Tri-M More than 1500 residents live at Maris ciety become more inclusive, everyone gains. to address the need for industrial electrical Grove in independent apartments and enjoy Chris Ahmuty was born in New York City contracting in southeastern Pennsylvania. As more than 180 resident groups and clubs. This and grew up in Derby, New York. His mother, his company grew, Tom took on leadership engaged resident community is supported by a schoolteacher, died of cancer when he was positions in the industry including serving as more than 650 employees who work tirelessly just 15. His father, a sales manager, died National Chairman of the Associated Builders and Contractors and Chairman of the Board of to provide exceptional customer service to all when Ahmuty was in graduate school. Chris the National Federation of Independent Busi- residents. Ahmuty’s grandfather Frederic P. Lee, a law- Mr. Speaker, I congratulate Maris Grove on nesses. He also made sure that his company yer involved in drafting New Deal-era policies, its success these past ten years, and I look gave back by encouraging employees to vol- deeply influenced Ahmuty’s political and social forward to seeing the community grow in the unteer and sponsoring high school students at next decade. justice positions. Mr. Ahmuty came to Wis- the Pennsylvania Free Enterprise Week. consin to attend graduate school at the Uni- f Tom also continued to serve his country as versity of Wisconsin-Milwaukee, earning a Vice Chair of the U.S. Naval Institute Founda- PERSONAL EXPLANATION master’s degree in history, and made Wis- tion Board of Trustees and as a member of consin his new home. the Department of Defense Advisory Board for HON. JOHN C. CARNEY, JR. At the helm of the ACLU, Chris Ahmuty has Employer Support of the Guard and Reserve. OF DELAWARE worked on many initiatives. Some of the most Serving the local community was also al- IN THE HOUSE OF REPRESENTATIVES notable activities include the numerous law- ways a top priority for Tom. He was an active Rotarian and served on the board of the suits challenging government abuse of power, Tuesday, November 15, 2016 Southern Chester County Chamber of Com- special attention to the rights of society’s most Mr. CARNEY. Mr. Speaker, I wish to clarify merce. Tom also chaired a number of capital my position on roll call votes cast on Sep- vulnerable, and expansion of the affiliate’s pro- fund drives for the Kennett-Unionville YMCA tember 20, 2016 and September 26, 2016. grams, especially youth development. He and the Chester County Hospital Capital Cam- On Roll Call Vote Number 521, on consider- works daily to uphold the ACLU mission to paign. ation of H.R. 670 I did not vote. It was my in- protect and defend civil liberties in a non- Mr. Speaker, Tom passed away in July, but tention to vote ‘‘Yea.’’ partisan manner. Mr. Ahmuty’s ability to keep his legacy of philanthropic leadership will con- On Roll Call Vote Number 522, on consider- calm, whether in victory or defeat, has served tinue to live on through the lives he touched ation of H.R. 5785 I did not vote. It was my him well through his long tenure with the and the organizations he supported. intention to vote ‘‘Yea.’’ ACLU. f On Roll Call Vote Number 523, on consider- I am grateful to have had the opportunity to HONORING CALIFORNIA STATE ation of H.R. 5690 I did not vote. It was my know and work with Chris Ahmuty for many intention to vote ‘‘Yea.’’ SENATOR LOIS WOLK years on issues such as voting rights, prison On Roll Call Vote Number 557, on consider- reform and incarceration issues, and rights of ation of H.R. 3537 I did not vote. It was my HON. JARED HUFFMAN the poor. I will join with friends and his part- intention to vote ‘‘Yea.’’ OF CALIFORNIA ner, Bob Schlack, to congratulate him at the On Roll Call Vote Number 558, on consider- IN THE HOUSE OF REPRESENTATIVES ation of H.R. 5392 I did not vote. It was my ACLU Annual Bill of Rights Celebration where Tuesday, November 15, 2016 intention to vote ‘‘Yea.’’ he will be honored with a Lifetime Achieve- f ment Award on November 19, 2016. During Mr. HUFFMAN. Mr. Speaker, I rise today these decades of service to the ACLU, Chris with my colleagues, Congressman MIKE IN TRIBUTE TO CHRIS AHMUTY has led the organization through troubling THOMPSON and Congressman JOHN times for civil liberties in Wisconsin and our GARAMENDI, to recognize the Honorable Lois HON. GWEN MOORE nation. I wish him much success as he transi- Wolk for her long and distinguished record of OF WISCONSIN tions into a different phase of his life. service as an elected official in the state of California. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am proud to honor Chris In 1990, Lois Wolk won a seat on the Davis Tuesday, November 15, 2016 Ahmuty and I am proud to call him friend. The City Council where she served until 1998, in- Ms. MOORE. Mr. Speaker, I rise today to citizens of the Fourth Congressional District cluding two terms as Mayor. She went on to recognize Chris Ahmuty who is retiring from and the State of Wisconsin are privileged to become a Yolo County Supervisor for four the American Civil Liberties Union (ACLU) of have someone of his ability and dedicated years, chairing the Board in 2000. Wolk was Wisconsin on December 31, 2016. He has service working on their behalf for so many then elected to the California State Assembly, served the organization since 1982 and for 24 years. Chris, I thank you for all that you have where she was the first woman to serve as of those 34 years of service has been the Ex- done. I am honored for these reasons to pay chair of the Water, Parks and Wildlife Com- ecutive Director of the ACLU of Wisconsin. tribute to Chris Ahmuty. mittee.

∑ 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 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.001 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1464 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 Termed out of the Assembly in 2008, Wolk vegetable and flower garden for residents was HONORING THE LIFE OF DON was subsequently elected to the California added. Latex, Grand Lake Gardens added a MCENHILL State Senate where she now serves as the wellness clinic and a van to provide transpor- Majority Whip, chairs the Select Committee on tation for residents, further improving the HON. JARED HUFFMAN the Sacramento-San Joaquin Delta, and chairs health and experience of seniors living there. OF CALIFORNIA a Senate Budget Subcommittee. In her com- On a personal note, my late beloved moth- IN THE HOUSE OF REPRESENTATIVES bined twelve years in the state legislature, er, Ms. Mildred Massey, spent the last five of Tuesday, November 15, 2016 Senator Wolk has authored more than 100 her golden years at Grand Lake Gardens. She new laws. During her impressive career in the always told me what a warm and welcoming Mr. HUFFMAN. Mr. Speaker, I rise today in legislature, Wolk has been honored with many home Grand Lake Gardens was, and how memory of Don McEnhill, Sr., who passed awards and recognitions for her leadership in loved and accepted she felt there. away on September 29, 2016 after a lifetime water policy and flood protection, parks and of service to his community. Born February conservation, gun violence, end-of-life care, Today, on behalf of the residents of Califor- 21, 1930, in San Francisco, Mr. McEnhill at- and transportation, including the safety of nia’s 13th Congressional District, I congratu- tended the University of San Francisco prior to State Highway 12. late Grand Lake Gardens on 50 years of pro- serving in the United States Air Force, and Senator Wolk has led an admirable career viding its residents with a comfortable, safe, using GI Bill benefits, he graduated from Uni- in public service, filled with policy accomplish- and convenient home. I wish Grand Lake Gar- versity of the Pacific Dental School in 1960, ments on behalf of her constituents and the dens well as it continues to help seniors live going on to practice dentistry for 32 years in state. Mr. Speaker, it is therefore fitting that thriving, vibrant, and active lives. the San Francisco Bay Area. A 2nd Lieutenant we honor and thank Lois Wolk for her long in the United States Air Force, Don met his fu- and distinguished career and wish her the f ture wife Mildred (Milly) Lewis, a Western Air- best of luck on her future endeavors. lines stewardess, while stationed in Salt Lake HONORING DANVILLE f City; they would go on to raise four loving chil- COUNCILMEMBER MIKE DOYLE dren. HONORING GRAND LAKE GARDENS Mr. McEnhill’s legacy of community service includes serving on the boards for the Dixie HON. BARBARA LEE HON. MARK DeSAULNIER School District, Fitch Mountain Homeowners’ OF CALIFORNIA OF CALIFORNIA Association, and League of Women Voters. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Additionally, Don served on the Marin County Tuesday, November 15, 2016 Civil Grand Jury and was a staunch advocate Tuesday, November 15, 2016 for the Russian River. An active parishioner of Ms. LEE. Mr. Speaker, I rise today to honor St. Isabella Parish for 53 years, Don helped Grand Lake Gardens, a retirement community Mr. DESAULNIER. Mr. Speaker, I rise today establish the high school faith formation Parish in the heart of Oakland, California, on the oc- to honor Mayor Mike Doyle for his lifelong Youth Council (PYC) to serve the spiritual, so- casion of its 50th anniversary. commitment of public service to his hometown cial, and intellectual needs of high school stu- Since 1966, Grand Lake Gardens has been of Danville, California. Mr. Doyle was elected dents. providing seniors with a comfortable, safe, and to the Danville Town Council on November 5, Mr. McEnhill is survived by his beloved chil- convenient home near the beautiful Lake Mer- 1991, running as a ‘‘man of the people,’’ advo- dren: John McEnhill IV, Marilyn McEnhill, Don ritt. Grand Lake Gardens’ proximity to a thriv- cating on behalf of youth, veterans, business, McEnhill, Jr., and Ann Margaret McEnhill in ing, vibrant commercial district with res- careful planning, and citizen engagement. addition to his sisters: Mary McInerney, Eliza- taurants, parks, galleries, and more have al- Mr. Doyle is known as ‘‘Mr. Danville,’’ and beth Kozel and Judith Lee Jasko; his brother, lowed its residents to live fulfilling and active his legacy will be his work to preserve Gerald; and his beloved grandchildren, Jack lives. Danville’s genuine small-town feel. He always and Emma McEnhill, William and Joseph Residents at Grand Lake Gardens take an put the Town first and made sure it was on Simonds; and a large extended family. active role in shaping their own programs, ac- firm financial footing during the early days of Mr. Speaker, the depth of Mr. McEnhill’s tivities, and clubs to fit their interests, and resi- incorporation. Known as a straight shooter and service to the military and his local community, dents have created their own fitness classes, regularly expressing his feelings on the issues as well as his commitment to his family and current news seminars, and an organic gar- of the day, his passion and dedication for faith have left a positive legacy to many, and den. Danville and its residents are unrivaled. he will be dearly missed. It is therefore appro- Grand Lake Gardens took shape as many priate that we pay tribute to him today and Oakland-area Baptist churches searched for a Mr. Doyle is the first person to be elected to the Town Council six times and is the longest- honor his memory. way to address the need for housing and care f of the elderly during the late 1950’s and the serving member of the Danville Town Council early 1960’s. since incorporation of the Town of Danville in CONGRATULATING PENNY PULLEN In 1963, the Northern California Baptist 1982. Mr. Doyle has worked tirelessly to pre- ON HER LIFETIME ACHIEVEMENT Convention appointed a Commission on Re- serve the character of Danville while encour- AWARD tirement Housing to come up with solutions to aging balanced economic growth. the need for housing for the elderly in the Bay Mr. Doyle has played an integral part in HON. PETER J. ROSKAM Area. Their solution was to build Grand Lake shaping the Town of Danville. During his serv- OF ILLINOIS Gardens. A location was chosen, the money ice, the Town enjoyed the opening of a new IN THE HOUSE OF REPRESENTATIVES was raised, and on July 2nd, 1965, construc- Danville Library and Community Center com- tion began on a seven-story building with 103 plex, Oak Hill Park Community Center, and Tuesday, November 15, 2016 apartments and parking. the Veterans Memorial Building and Senior Mr. ROSKAM. Mr. Speaker, I rise today to Construction was completed by November Center. congratulate Miss Penny Pullen on being se- 7th, 1966, and by Christmas of that year, Mr. Doyle served on the Board of Directors lected as the recipient of the Abstinence & there were 25 residents living at Grand Lake for the League of California Cities for 18 Marriage Education Partnership’s Lifetime Gardens—enough for its first Christmas party. years, representing Danville and cities across Achievement Award. This award represents a When Mr. Mark Knudsen became the first California. Prior to his public service in much deserved honor for all of Penny’s work full-time administrator, in 1981, Grand Lake Danville, Mr. Doyle served six years in the fighting for the right to life and for traditional Gardens began to truly flourish and blossom. United States Air Force, during which time he family values over the past several decades Under Mr. Knudsen’s leadership, the Grand was involved in the Berlin Airlift to carry food both in Illinois and across the nation. Assembly and an activity room were added, a and other supplies into West Berlin. Penny has long been considered one of the third-floor garden was created, and more staff strongest champions of the pro-life movement was hired to provide residents with more ac- Mr. Doyle and his wife JoAnne have raised in Illinois. She held the distinct position of tivities, turning Grand Lake Gardens into the five children—Michael, Mary Anne, Terrence, emerging as the chief spokesman for the right thriving and stimulating place it is today. Celeste and John, and are grandparents to to life during her time in Illinois House of Rep- Following a fire in 1994, the kitchen and din- nine grandchildren. resentatives where she served in the leader- ing room were remodeled, and an additional We wish him well in his retirement. ship. Upon her retirement from the General

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.003 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1465 Assembly in 1993, she launched the Illinois Mr. Speaker, Mrs. Cream continues to en- After piloting the app in a 1,500-person trial, Family Institute and was later appointed by courage and inspire everyone who knows her Trisha found that ReThink resulted in teens Phyllis Schlafly to serve as President of Eagle and those she continues to meet. I hope that changing their messages a stunning 93 per- Forum of Illinois. She also served in three na- you will all join me in wishing this incredible cent of the time. Already, the app has been tional posts. She was appointed by President woman, Mrs. Riletta L. Cream, a wonderful downloaded by thousands of users and has Ronald Reagan to the National Council on birthday. had a significant impact on the community. Educational Research and Improvement and f With her initiative and clear vision, Trisha to the President’s Commission on the HIV Epi- models the best in our youth by stepping out demic. She was also appointed by President H.R. 3590 to prevent—not just remedy—a serious prob- George Bush to the board of directors of the lem that her own communities face. Legal Services Corporation. Currently, Penny HON. CHRIS VAN HOLLEN Trisha has been featured at the White is the president of Life Advocacy Resource OF MARYLAND House Science Fair and as a global finalist at Project and editor of Life Advocacy Briefing. IN THE HOUSE OF REPRESENTATIVES the Google Science Fair and received numer- Although, she has never sought recognition Tuesday, November 15, 2016 ous honors including the International Princess or accolades Penny deserves our deepest re- Diana Award and awards from MIT and the spect and admiration. Her contributions to the Mr. VAN HOLLEN. Mr. Speaker, I rise in op- George H. W. Bush Foundation. pro-life community are an inspiration to many position to H.R. 3590, which repeals one of Mr. Speaker, please join me in recognizing across Illinois and the United States. It truly is the funding mechanisms for the Affordable this special occasion as we celebrate the inge- an honor for me to be counted among her Care Act (ACA). The nonpartisan Congres- nuity and spirit of Trisha Prabhu. many friends and admirers. At a time when sional Budget Office has estimated that this f our nation is in need of role models in public bill would add $33 billion to the nation’s deficit. life, we are truly blessed by Penny and the House Republicans have once again cre- HONORING JAMES K. FOY OF testimony of her whole life. ated a double standard, asking Congress to PENNSYLVANIA Mr. Speaker, please join me in recognizing add $33 billion to the national deficit with un- Penny Pullen for her remarkable lifetime of paid tax cuts while insisting on offsets for pub- HON. SCOTT PERRY service and her devotion to God and to the lic health emergencies like the Zika virus, OF PENNSYLVANIA founding principles that have made our nation opioid epidemic, and crisis in Flint, Michigan. IN THE HOUSE OF REPRESENTATIVES H.R. 3590 has made House Republicans’ pri- prosper. Tuesday, November 15, 2016 f orities very clear—to dismantle the ACA. This is the latest effort to undermine the ACA, Mr. PERRY. Mr. Speaker, today I honor my IN HONOR OF RILETTA L. CREAM which provides affordable health care to mil- constituent, Chief Master Sergeant James K. lions of Americans. Foy, upon his retirement from more than 40 HON. DONALD NORCROSS I have put forward a proposal to provide tax years of military service to the United States OF NEW JERSEY relief to working Americans with a Paycheck Air Force and the Pennsylvania Air National IN THE HOUSE OF REPRESENTATIVES Bonus Tax Credit and updates to the tax code Guard. to benefit those who earn their paychecks Chief Master Sergeant Foy deployed mul- Tuesday, November 15, 2016 through hard work instead of those who make tiple times in service of our Nation, including Mr. NORCROSS. Mr. Speaker, I rise today money off of money. If Republicans are seri- Operations Desert Shield, Desert Thunder, to honor Mrs. Riletta L. Cream, a woman of ous about tax reform to help American work- Enduring Freedom and Iraqi Freedom. He strength, character and commitment, on the ers they would support my proposal to limit tax earned 30 federal awards, including the De- occasion of her 90th birthday. Mrs. Cream has breaks that encourage corporations to move fense Meritorious Service Medal, the Meri- been a friend, mentor and educator to many American jobs overseas. Rather than work on torious Service Medal with four devices, the individuals in southern New Jersey, including behalf of our constituents who are counting on Air Force Commendation Medal with four de- myself, and it only seems fitting that we honor Congress to pass common sense laws on log- vices, a Joint Service Achievement Medal, and someone who has dedicated herself to public ical tax reform and to address public health both Air Force and Army Achievement Medals. service on the floor of the House of Rep- emergencies, House Republicans have cho- Chief Master Sergeant Foy’s tireless dedica- resentatives. sen to fight old battles by once again intro- tion, professionalism and sacrifice touched the Mrs. Cream was born and raised in Camden ducing legislation which would undermine the lives of countless people and challenged all City, and after graduating from Glassboro ACA. with whom he served to be the best. His leg- State College, now Rowan University, she was I oppose this bill and urge my colleagues to acy of service to our Nation truly is admirable. a teacher, supervisor and principal at an ele- vote no. On behalf of Pennsylvania’s Fourth Con- mentary school before the Mayor of Camden f gressional District, with great pride I commend City recruited her to be the principal at Cam- and congratulate Chief Master Sergeant den High School. RECOGNIZING TRISHA PRABHU James K. Foy upon his retirement after 40 Mrs. Cream led Camden High through the years of selfless service to the United States tumultuous seventies all the way through HON. PETER J. ROSKAM of America. 1987—serving proudly as a role model to stu- OF ILLINOIS f dents, teachers and administrators alike. IN THE HOUSE OF REPRESENTATIVES After retiring from Camden High School, she IN RECOGNITION OF THE AMER- became an administrator for BPUM, Inc. Day Tuesday, November 15, 2016 ICAN CANCER SOCIETY OF HAN- Care Centers and later an Adjunct Professor Mr. ROSKAM. Mr. Speaker, today I honor FORD, CALIFORNIA and Supervisor of Student Teachers at both sixteen year old Trisha Prabhu of Naperville, Rowan and Rutgers Universities. IL for her creative and enterprising efforts to HON. DAVID G. VALADAO In 1994, she was appointed to the Board of combat teen cyberbullying. Having partnered OF CALIFORNIA Chosen Freeholders in the County of Camden, with entrepreneurs Mark Cuban and Lori IN THE HOUSE OF REPRESENTATIVES New Jersey. She was reelected to that posi- Greiner through the hit TV show ‘‘Shark tion four times, shepherding many projects like Tank’’, Trisha is expanding her efforts on a Tuesday, November 15, 2016 the Tech 2000 program, which put computers national level. Mr. VALADAO. Mr. Speaker, I rise today to in every classroom and supplied distance As a thirteen year old, Trisha decided to commend the American Cancer Society of learning equipment for students and teachers take a stand when she heard about students Hanford, California on its twentieth successful and expanding the County’s Library System. younger than herself who committed suicide Relay For Life event and for raising over She retired in 2011. after experiencing cyberbullying. Drawing on $1,065,000 to date to fight cancer. Mrs. Cream created a scholarship program neuroscience research and her own research More than 5,000 Relay For Life events take to ensure students in Camden were given the in school, Trisha created an app designed to place across the world every year. However, opportunity to continue their education. She is warn students when they are about to send a Relay For Life has been a staple in Hanford always focused on giving back to her commu- text message that might be hurtful. The app, for the past two decades. The twenty-four nity and her students, even now, long after called ReThink, gives users an opportunity to hour event aims to raise funds to improve can- she retired as an educator. edit, cancel, or send the message. cer survival, decrease the incidence of cancer,

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.005 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1466 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 and improve the quality of life for cancer pa- During his tenure at Merritt, Dr. Adams was In addition to his local service, Mr. Gilardi tients and their caretakers. also instrumental in building a new $50 million has contributed to education throughout our While events vary by community, Hanford’s dollar facility focused on STEM education that state by serving in leadership and advocacy Relay For Life consists of food, games, and I was honored to have named the Barbara positions on the California School Boards As- family-friendly activities as well as several Lee Science and Allied Health Center. sociation. Mr. Gilardi has also advocated and meaningful celebrations. The event begins On a personal note, Bobby is the epitome of lobbied effectively in Sacramento and Wash- with the Survivors Lap, which honors cancer a citizen of the world, who ‘‘thinks globally, ington D.C. on behalf of Sonoma County and survivors and celebrates their victory over can- and acts locally’’. I had the privilege to travel California students for increased funding, cer. During the Luminaria Ceremony, partici- to Africa with him, and was impressed by his standards and education reforms. Through his pants remember those lost who lost their bat- commitment to the education of all students decades of work in education and public serv- tle with cancer as well as those who are still when I saw that soon after we returned he es- ice, Mr. Gilardi has earned the respect of stu- fighting. The final ceremony is the Fight Back tablished a partnership to bring African students, teachers, and trustees throughout the Ceremony, which inspires participants to take dents to study at the Peralta colleges. For that State of California. action in the fight against cancer. I am truly grateful. Mr. Gilardi has also devoted his time to Hanford Relay For Life is completely orga- The Santa Monica College Foundation has working with young people in our community nized and executed by nearly two hundred now established the Dr. Bobby Adams Leader- by coaching youth sports teams and men- volunteers from the local community who, on ship Award to honor Bobby’s lifetime of toring 4–H members. He also served as Chair average, raise over $120,000 each year. The mentorship and leadership in the education of the Cotati Kid’s Day Parade & Festival from dedication and compassion each volunteer ex- field. 2010 to 2015, on the committee to recognize hibits is admirable and truly makes the Central On behalf of California’s 13th Congressional the 100-Year Anniversary of the first school in Valley a remarkable community. District, I join the family and friends of Dr. Cotati, as well as Chair and Vice President on Mr. Speaker, I ask my colleagues in the Adams as we celebrate his career and con- the Education Foundation of Cotati-Rohnert United States House of Representatives to tributions to the education of countless young Park Executive Board. In recognition of his join me in commending the American Cancer people. service, Mr. Gilardi was named Cotati Citizen Society of Hanford and all the volunteers who f of the Year in 2000 and received the Edu- work to make the Relay For Life event suc- cation and Community Volunteer of the Year cessful each and every year. HONORING THE LATE JOHN L. Awards from Sonoma County Youth and Adult BEISSER OF PENNSYLVANIA f Development in 2011. Mr. Speaker, Mr. Ed Gilardi has tirelessly HONORING DR. ROBERT ADAMS HON. SCOTT PERRY served our community and our state with OF PENNSYLVANIA honor and integrity, and he is an excellent role HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES model of citizenship and dedicated public OF CALIFORNIA Tuesday, November 15, 2016 service. Therefore, it is fitting and proper that IN THE HOUSE OF REPRESENTATIVES we honor him here today and extend our best Mr. PERRY. Mr. Speaker, today I honor Tuesday, November 15, 2016 wishes for an enjoyable retirement. John L. Beisser, formerly of Lemoyne, a Penn- f Ms. LEE. Mr. Speaker, I rise today to honor sylvania Railroad Police Officer who died in the extraordinary career and legacy of Dr. the line of duty on October 20, 1916. GWINNETT COUNTY’S RED, BLUE Robert ‘‘Bobby’’ Adams. A career counselor On that day, Officer Beisser and fellow Rail- AND YOU CELEBRATION and administrator, Dr. Adams has made a road Police Officer Harry Chubb spotted two lasting contribution to the education of genera- vagrants attempting to hop a freight train HON. ROB WOODALL tions of college students in Los Angeles and along the Pennsylvania Railroad. As Officer OF GEORGIA the Bay Area. Beisser walked towards the men to ask where IN THE HOUSE OF REPRESENTATIVES Dr. Adams attended Los Angeles City Col- they were headed, one of the men fatally shot lege and Philander Smith College in Little Officer Beisser and wounded Officer Chubb. Tuesday, November 15, 2016 Rock, Arkansas before receiving his bach- The assailant was captured and later con- Mr. WOODALL. Mr. Speaker, November 18, elor’s Degree in psychology from Loyola victed for his crime. 2016 marks the inaugural event of Gwinnett Marymount University, a Master of Education Prior to his service with the Pennsylvania County’s Red, Blue and You celebration. This from the University of Southern California, and Railroad Police, Officer Beisser was a veteran event honors the brave men and women in a Doctorate in Education Management from of the Spanish American War. His legacy of our community who have chosen to dedicate Pepperdine University. service to our community and Nation truly was their lives to ensuring the safety and wellbeing After the completion of his education, Dr. admirable. of others around them. Adams worked as a counselor and adminis- On behalf of Pennsylvania’s Fourth Con- I stand here today, Mr. Speaker, with the trator at Santa Monica College (SMC) for 33 gressional District, we honor John L. Beisser great honor of recognizing these heroic men years. He began his professional career at for his selfless service on the 100th anniver- and women who put their lives in harm’s way SMC in 1974, serving as a counselor in out- sary of his death in the line of duty. to keep our communities, families, visitors, reach and the Extended Opportunities Pro- f and businesses safe. gram and Service (EOPS). He also served as Each day, Gwinnett’s finest put on their uni- Counseling Department Chair from 1981 to HONORING MR. ED GILARDI forms with pride, kiss their loved ones good- 1986, was Dean of Student Life from 1986 to bye and head to work not knowing what the 1996, and Associate Vice President of Student HON. MIKE THOMPSON day has in store for them. Affairs from 1996 to 1998. Prior to his retire- OF CALIFORNIA These dedicated public servants, Mr. ment from SMC in 2007, Dr. Adams served for IN THE HOUSE OF REPRESENTATIVES Speaker, are the first on the scene when duty several years as the Vice President of Student calls, and they must make quick decisions in Affairs. Tuesday, November 15, 2016 difficult situations and oftentimes with limited After he left Santa Monica College in 2007, Mr. THOMPSON of California. Mr. Speaker, information. Dr. Adams was hired as the President of Mer- I rise today to honor Ed Gilardi upon his retire- That, Mr. Speaker, requires true leadership ritt College in Oakland where he served until ment after 20 years of dedicated service as a and genuine zeal to serve others. his retirement in 2012. Trustee on the Cotati-Rohnert Park School The history of our nation, and communities While at Merritt College, Dr. Adams estab- Board. alike, reveals the importance of first respond- lished the Maximum Achievement Project Mr. Gilardi’s work to promote schools’ ac- ers and their ever-enduring role to serve and (MAP), which was visited and recognized by countability to the public, to recruit top notch protect. United States Secretary of Education Arne educators and to help all students to reach These courageous and selfless men and Duncan. Through the MAP program, Merritt in- their full potential has improved the quality of women work tirelessly and honorably to en- creased its retention and graduation rates for education for all students across our commu- force and uphold the law to ensure that all of students, with a focus on African American nity. His leadership on the Cotati-Rohnert Park Gwinnett’s citizens are protected. males. MAP students raised their GPA from School Board includes serving four years as Mr. Speaker, it is important to note that 1.5 to 3.1 in less than two years. President and three as the Clerk. these fine men and women of Gwinnett who

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.007 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1467 proudly wear red and blue are defined by HONORING KATHRYN LEHMAN OF finality to the recyclers and producers of coal more than their uniform and badge. PENNSYLVANIA ash as well as the more than 300,000 individ- To many folks in Gwinnett, Mr. Speaker, uals whose job is reliant upon the coal ash re- these individuals are not nameless or another HON. SCOTT PERRY cycling. face in the crowd. They are moms and dads, OF PENNSYLVANIA I urge my colleagues to adopt this important brothers and sisters, sons and daughters. IN THE HOUSE OF REPRESENTATIVES language in any final WRDA agreement. Put simply, they are loved ones. Tuesday, November 15, 2016 f With that, Mr. Speaker, I send my sincere Mr. PERRY. Mr. Speaker, today I honor my LONG BEACH REMEMBERS PEARL appreciation to all of the courageous first re- constituent, Kathryn Lehman, upon her retire- HARBOR sponders in Gwinnett County for enforcing our ment after more than 36 years of service with laws and keeping our families, friends, and the Pennsylvania Department of Revenue. neighbors out of harm’s way. Kathryn began her career as a Clerk 1 in HON. ALAN S. LOWENTHAL the Bureau of Central Files, Filing and Re- OF CALIFORNIA f trieval Division in 1980. Based on her perform- IN THE HOUSE OF REPRESENTATIVES ance, she received the first of several pro- Tuesday, November 15, 2016 HONORING THE SERVICE OF MR. motions that culminated in her last assignment Mr. LOWENTHAL. Mr. Speaker, on Decem- HENRY LEMAY with the Bureau of Enforcement Planning, ber 7, 1941 Japanese military forces attacked, Analysis and Discovery. Kathryn’s dedication and professionalism without warning, United States’ military bases HON. JIM COSTA touched the lives of many people and exempli- and personnel in Hawai’i. The culmination of a decade of tense relations between the Empire OF CALIFORNIA fied the Pennsylvania Department of Reve- of Japan and the United States, the attack IN THE HOUSE OF REPRESENTATIVES nue’s mission to fairly, efficiently and accurately administer the tax laws and other rev- took place as Japanese diplomats conferred Tuesday, November 15, 2016 enue programs of the Commonwealth. with their American counterparts in Wash- On behalf of Pennsylvania’s Fourth Con- ington D.C., allegedly to repair relations be- Mr. COSTA. Mr. Speaker, I rise today to gressional District, I commend and congratu- tween the two countries. The results of the at- honor and recognize the valued service of Mr. late Kathryn Lehman upon tireless service to tack stunned Americans: eighteen naval ves- Henry Lemay. Mr. Henry Lemay is a distin- the citizens of, and well-earned retirement sels sunk or damaged, including all eight of guished military veteran and community mem- from the Commonwealth of Pennsylvania. the battleships stationed at Pearl Harbor, 347 ber in Fresno, California. military aircraft destroyed or damaged on their f Henry Lemay served in the United States fields, 3,581 military personnel killed or Army from 1951 to 1954. Henry fought in the COAL COMBUSTION RESIDUALS IN wounded. Of this number, over 2,000 were Korean War where he was wounded in Heart- THE WATER RESOURCES DEVEL- naval personnel who died while defending break Ridge on November 3, 1952 receiving OPMENT ACT their ships from the relentless assault of Japa- shrapnel in both legs from the waist down. For nese aircraft. his recovery, Henry spent six weeks in the HON. DAVID B. McKINLEY The events at Pearl Harbor compelled the U.S. Congress to declare war against Japan, hospital in Osaka, Japan before he was sent OF WEST VIRGINIA and, several days later, its Axis partners Ger- back to the United States. Henry was honor- IN THE HOUSE OF REPRESENTATIVES ably discharged by the Army in 1954 and re- many and Italy. America now entered the Tuesday, November 15, 2016 ceived many medals and awards for his val- worldwide conflagration raging since 1939, iant service in Korea, including the Purple Mr. MCKINLEY. Mr. Speaker, I rise to urge joining with its allies, fighting a two-front war, Heart and the Bronze Star. In July 2015, I had my colleagues to include language relating to and mobilizing the vast resources of the nation the honor to present the Korean Ambassador coal combustion residuals regulation in a final to ensure ultimate victory by 1945. This war for Peace Medal to Henry for his honored agreement with the Senate on the Water Re- changed the world, and changed the United service in Korea and just recently he received sources Development Act (WRDA) of 2016. States. Every part of the nation contributed to the Citizen Soldier Award at the 2016 Fresno The House bill, H.R. 5303, took a positive the war effort, as millions fought at the fronts, City College Veterans Day Ceremony. These step by providing funding for important millions of citizens on the home front powered are just a few of the many awards and honors projects and investments in our ports, chan- the Arsenal of Democracy that produced the Henry has received over the years. nels, locks and dams that will continue to sup- ships, the aircraft, and weapons that fueled victory in Europe and in the Pacific. For the past few decades, Henry has made port our waterway system that is used by both December 7, 2016 is the 75th anniversary an immeasurable impact in the City of Fresno commercial and recreational traffic. of the Pearl Harbor attack. In commemoration, and the veteran community. Henry has a Unfortunately unlike the Senate version, the the Historical Society of Long Beach will open beautiful voice and has been singing at nu- House bill did not include this policy priority an exhibition, ‘‘Long Beach Remembers Pearl merous veteran and patriotic events. Not only that is vital to communities living in coal coun- Harbor,’’ both to summarize the consequences does Henry sing at veterans’ events but for try. The Senate language, section 8001 of S. of the attack, and to detail the effects of major the past fifteen years, he has volunteered his 2848, empowers states to manage coal ash changes on the city of Long Beach and the time by singing at the U.S. Citizenship and Im- instead of having those regulations dictated to surrounding areas created by World War II. migration Services (USCIS) Naturalization the states by unelected federal bureaucrats. Long Beach has had a deep connection Ceremonies in Fresno. In addition to his com- This failure to include the coal ash language with the United States Navy dating to the munity service, Henry has been active in is disappointing given the fact that similar leg- years after World War I when ships of the Pa- many veterans’ organizations and activities. In islation has passed the House six times since cific fleet were first home ported in San Pedro 1994, he became active in the Honor Guard 2011, most recently through the passage of bay, a few hundred yards from downtown formed by the VFW. Henry is also engaged in H.R. 1734 on July 22, 2015. Long Beach. By the 1930s, three dozen naval the AMVETS, the DAV, and the American Le- Importantly, this language makes clear that vessels rode at anchor in the bay, including gion. water infrastructure projects authorized under the Water Resources Development Act rep- the great warships of Battleship Division 1. In my Congressional District, if a veterans’ resent a beneficial reuse of coal combustion The USS Arizona, the USS West Virginia, the event is planned, it is well known, Henry will residuals. Coal ash is a key ingredient for im- USS Pennsylvania, and many other ships be on the agenda, rocking the audience with proving the quality, durability, and sustain- called Long Beach and the Long Beach Naval the National Anthem or God Bless America. ability of concrete used to build all water infra- Station home. The city built a Navy Landing Mr. Speaker, it is with great respect that I structure projects. so sailors could easily transit from the ships to ask my colleagues in the House of Represent- We have the opportunity to address this visit the amusement zone in downtown Long atives to pay tribute to Mr. Henry Lemay, an issue once and for all as we finalize the Water Beach. honorable man, a good friend, a man of great Resources Development Act of 2016. It is im- Officers and enlisted military personnel also faith and a true American Hero. I wish him, his perative that we address this issue to ensure resided, with their families, in the city and be- wife Carol and their family much continued the proper management and disposal of coal came part of the social fabric, marching in pa- success and happiness. ash. Congress has a responsibility to provide rades during holiday celebrations, active in

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.010 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1468 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 civic events, and helping out in perilous times. to our community and dedication to Christian HONORING MANUEL CUNHA FOR If one event solidified the Navy’s presence, it leadership. Many lives have been impacted BEING NAMED THE 2016 AGRI- was the earthquake of 1933. Minutes after a through his ministry and that of the church. CULTURIST OF THE YEAR BY major quake rolled through southern California It is my pleasure to recognize and congratu- THE FRESNO CHAMBER OF COM- in the early evening of March 10—killing over late Dr. Reynolds and Volusia County Baptist MERCE one hundred, injuring thousands more, and Church on this momentous occasion and ex- collapsing buildings in a dozen communities, press my sincerest wishes and congratulations HON. JIM COSTA officers aboard Navy vessels ordered their to Dr. Reynolds and his family on his retire- OF CALIFORNIA men into the city. Several thousand Blue Jack- ment. May God continue to bless Pastor Rey- IN THE HOUSE OF REPRESENTATIVES ets pulled survivors from damaged buildings, nolds and the ministry of Volusia County Bap- Tuesday, November 15, 2016 patrolled the streets, fought fires, and set up tist Church throughout future generations. Mr. COSTA. Mr. Speaker, I rise today to field hospitals. Naval personnel spent weeks f in Long Beach and other cities providing med- honor Mr. Manuel Cunha of Fresno, California, ical care, hot meals, and security. As the city HONORING THE LIFE AND LEGACY the recipient of the 2016 Agriculturist of the recovered, the City Council, the police depart- OF RUTH KAHN STOVROFF Year award by the Fresno Chamber of Com- ment, and the school district offered proclama- merce. Manuel and his family have been in the ag- tions thanking the sailors, Marines, and Coast HON. BRIAN HIGGINS ricultural industry for two generations. He Guard personnel who rallied to help during the OF NEW YORK farms citrus on his ranch in Sanger, California. crisis. By 1935, Long Beach proudly pro- IN THE HOUSE OF REPRESENTATIVES Manuel has served as the president of Nisei claimed itself the ‘‘Navy Capitol’’ of the United Tuesday, November 15, 2016 Farmers League since 1996. The Nisei Farm- States. Seventy-five years on, we are now losing Mr. HIGGINS. Mr. Speaker, I rise today to ers League specializes in labor, immigration, the men and women of the Greatest Genera- honor the life and legacy of Ruth Kahn housing, transportation and environmental tion. Of the 16 million who served the country Stovroff, a beloved figure in WNY especially in issues and represents growers and related during the war, only about 500,000 are esti- the Jewish community, who passed away on businesses of many agriculture commodities. mated to still be with us in 2016. We are los- October 20, 2016 at the age of 104. Mrs. Before his current role with the Nisei Farmers ing them at the rate of 500 per day. The His- Stovroff was a role model to three generations League, he was an educator for thirteen torical Society’s exhibit will spotlight some of of men and women and stayed active on vol- years. Manuel was a teacher at Reedley Col- the contributions of that generation. unteer boards past her 100th Birthday. lege and California Polytechnic State Univer- Through the artifacts, the photographs, and Mrs. Stovroff’s passion for social justice sity, San Luis Obispo (Cal Poly). He received the letters the Historical Society compiled for prompted her involvement on several boards his undergraduate degree from Cal Poly in the exhibition the Long Beach military mem- of not-for-profit agencies that sought social Crop Science and Agronomy in 1973. He also bers who served aboard the ships come alive, justice, fought poverty, drug use and intoler- holds his teaching credential in agriculture as people we can see and say hello to on any ance. Mrs. Stovroff was a leader in the Jewish education and a master’s degree in Agricul- street in Long Beach. Their voices may be community locally, nationally and internation- tural Education from Cal Poly. As the president of the Nisei Farmers stilled, but we have not forgotten them or their ally. She was a remarkable woman with great League, Manuel has been at the forefront of action at Pearl Harbor on that terrible day 75 vision and knowledge about the world. Her several important issues in the agriculture in- years ago. three sons, Dr. Kenneth R. Kahn, Steven C. I congratulate The Historical Society of Long Kahn and Richard Kahn viewed her as a role dustry, including air quality, immigration reform Beach on this wonderful exhibition and I en- model because she had a great sense of what and government regulation. As a member of courage all those interested to participate in its was right or wrong with the world. various local, state and federal committees, Opening Ceremony on Dec. 7th, 2016 at 6 pm Mrs. Stovroff was a prominent voice in the Manuel has offered his knowledge to help to see the exhibit, which will run until April 18, Western New York community. She served as guide policies and legislation. Manuel serves in a number of civic capac- 2017. the board president for the Olmsted Center for the Visually Impaired, Jewish Federation of ities, as a way to give back to the community f Greater Buffalo, Child & Family Services, he loves. He serves on the Board of Directors RECOGNIZING PASTOR JOHN REY- Community Action Organization, and Founda- for Community Medical Centers of Central NOLDS AND VOLUSIA COUNTY tion for Jewish Philanthropies and Camp Lake- California, the largest hospital in the Central BAPTIST CHURCH land. Valley. Manuel has also served on the Federal Mrs. Stovroff’s work in Western New York Reserve Bank of San Francisco and serves as HON. DANIEL WEBSTER has not gone unrecognized. She has received a representative for U.S. Agriculture. These services are only a few of the generous con- OF FLORIDA dozens of awards dating from 1965 to 2006 tributions Manuel has made in our community IN THE HOUSE OF REPRESENTATIVES from organizations as diverse as the United Way, the Center for Hospice & Palliative Care, throughout his career. Tuesday, November 15, 2016 the Urban League, the Jewish Federation, the Mr. Speaker, it is with great honor that I ask Mr. WEBSTER of Florida. Mr. Speaker, it is Food Bank and the National Conference of my colleagues to join me in honoring Manuel with sincere appreciation that I recognize Pas- Christians and Jews. Mrs. Stovroff was just re- Cunha for being named the 2016 tor John Reynolds for his extraordinary leader- cently honored by the Olmsted Center with its Agriculturalist of the Year. His great work in ship of Volusia County Baptist Church. After 2016 Visionary Award. the industry and in the community is com- more than 50 years of ministry, Dr. Reynolds Mrs. Stovroff will be remembered fondly by mendable. I ask that you join me in wishing will retire on October 16, 2016, the 20th anni- members of the Western New York community Mr. Manuel Cunha continued success. versary of Volusia County Baptist Church. and recalled for her passion and commitment f Dr. Reynolds was born in Spencer, West to social justice and issues important to her HONORING MR. BOBBY SEALE Virginia and is a graduate of both Tennessee community. Ruth Stovroff will be remembered Temple College and Temple Baptist Theo- for the great respect she showed young peo- logical Seminary. ple as she listened to their ideas. Her warm HON. BARBARA LEE OF CALIFORNIA Dr. Reynolds has been married to Becky for smile, soft-spoken demeanor and impeccable IN THE HOUSE OF REPRESENTATIVES over 50 years, and during that time they have style will long be remembered by all those served the Lord together in full time ministry. close to her. Ruth is survived by three sons, Tuesday, November 15, 2016 Throughout the last half-century, Dr. Reynolds six grandchildren and seven great-grand- Ms. LEE. Mr. Speaker, I rise today to honor has held many positions including pastor, as- children. Mr. Bobby Seale on the momentous occasion sociate pastor, youth minister and minister of Mr. Speaker, I ask my colleagues to join me of his 80th birthday. Mr. Seale has had an in- music. He also served as the president of a in extending our deepest condolences to her credible career in political activism and com- Christian recording company and assistant family and friends. Her good work and selfless munity service, dedicating his life to advo- editor of a Christian publication. devotion to Western New York has inspired cating for the rights and betterment of African- In 1996, Dr. Reynolds founded Volusia many to serve others and to be involved in Americans across the nation. County Baptist Church and I would like to their communities. We are a better community Born in Texas in 1936, Mr. Seale grew up thank him for his 20 years of faithful ministry because of Mrs. Stovroff’s service. entrenched in poverty. After moving around in

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.011 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1469 Texas, living in Dallas, San Antonio, and Port IN RECOGNITION OF MR. WILLIAM nity organizing coalition of over 22 congrega- Arthur, Mr. Seale’s family finally relocated to ‘‘BILL’’ KENNETH LAZZERINI, JR. tions, labor unions and community organiza- Oakland, California, when Mr. Seale was eight tions that collaboratively work for positive so- years old. HON. DAVID G. VALADAO cial change in the city of Niagara Falls and Ni- Mr. Seale attended Berkeley High School, OF CALIFORNIA agara County. NOAH is also an affiliate of Gamaliel, a na- where he started to become politically active. IN THE HOUSE OF REPRESENTATIVES tional network of faith based organizations In 1955, Mr. Seale dropped out of high school Tuesday, November 15, 2016 whose mission is to empower ordinary people and joined the United States Air Force. After to effectively participate in the political, envi- his military service, Mr. Seale worked as a Mr. VALADAO. Mr. Speaker, I rise today to ronmental social and economic decisions af- sheet metal mechanic while earning his high commend Mr. William ‘‘Bill’’ Kenneth Lazzerini, fecting their lives. school diploma at night. Jr. for receiving the 2016 Kern County Person of the Year award. With its core values rooted in the principles After earning his high school diploma, Mr. This year, Mr. Lazzerini was honored as the of democracy and social justice for all, NOAH Seale went on to attend Merritt College, where 2016 Kern County Person of the Year at the has worked on job creation, education, eco- he intended to study engineering. However, Kern County Fair in Bakersfield, California. nomic development, parks and public trans- during his time at Merritt College, he began to This award is given to members of the com- portation, winning significant victories in all. take a deep interest in politics and black his- munity who have done outstanding community NOAH’s work to bring attention to workforce tory, and joined the Afro-American Association work. As a husband, father, grandfather, and racial disparities across the region culminated (AAA), a campus group advocating for black successful business owner, Mr. Lazzerini ex- at a standing room only public meeting this separatism. It was through the AAA that Mr. emplifies the values, beliefs, and kindness year with sister organization VOICE-Buffalo Seale met Mr. Huey P. Newton, a kindred Kern County stands for by consistently giving that featured U.S. Secretary of Labor Thomas spirit. They quickly became friends and their back to the community. Throughout his life, he Perez. A Buffalo native who remains deeply political activism deepened as they were in- has supported local charities and causes such connected to our community, Secretary Perez spired by the teachings of Malcolm X. as the Ronald McDonald House, California brought a very unique perspective on techniques for greater collaboration on critical During this time, Mr. Seale was also in- State University Bakersfield Foundation, and issues of workforce opportunity and develop- spired to give back to his community, spend- the Bakersfield College Helmet Club. Mr. Lazzerini was born and raised in the ment. ing time teaching youths about black history Greater collaboration was clearly evidenced San Fernando Valley where he attended Notre and personal responsibility at the North Oak- when in August we joined with NOAH, Labor- Dame High School in Sherman Oaks, Cali- land Neighborhood Anti-Poverty Center. ers’ Local 91, Iron Workers’ Local 9, Catholic By October 1966, Mr. Seale and Mr. New- fornia. Mr. Lazzerini later attended the Univer- Charities of Buffalo and the City of Niagara ton were ready to organize their beliefs and sity of Southern California where he excelled Falls to announce a federal grant to support put them into practice, and they formed the as a collegiate athlete, winning multiple Col- the implementation of an innovative Pre-Ap- Black Panther Party for Self-Defense. Origi- lege World Series while playing baseball. prenticeship Program to address the barriers nally formed to protect the African-American After graduating college, Mr. Lazzerini be- too many people of color face in pursuing a community in Oakland from police brutality, came a jewelry runner in the jewelry district in career in the building trades. the Black Panthers rejected the nonviolent ap- downtown Los Angeles. In 1971 his father pur- This grant fuels the momentum started dur- proach of the mainstream Civil Rights Move- chased a beer distributor in Bakersfield, and a ing the community discussions on workforce ment. The Black Panthers also focused on year later he was asked to help run Advance development with U.S. Labor Secretary Perez. serving the community, cooking free breakfast Beverage Company, which is continuously Through this unique collaborative effort, faith- for children before school, distributing clothing, recognized as one of the premier Anheuser- based, labor, government and social service and teaching classes on politics and econom- Busch distributors in the Nation. Since Ad- agencies are working together to provide new ics. vance Beverage Company was created in opportunities for people from diverse back- 1971, it has gone from thirteen employees to grounds to begin a stable and rewarding ca- A few years later, in 1970, Mr. Seale was over one-hundred-fifty and sales have in- reer path. arrested in Chicago during a protest at the creased from 450,000 cases per year to over And while the work will and must continue, Democratic National Convention, and he was five million cases per year. After forty-five those whose efforts have contributed to ultimately sentenced to four years in prison for years of successful ownership of the largest NOAH’s accomplishments and achievements contempt of court. After his release from pris- beer wholesaler in Kern County, Mr. Lazzerini gather on October 6th under the leadership of on in 1973, Mr. Seale renounced violence as and his company have become staples in our NOAH Board President, Rev. JoAnne Scott, to a means to an end and decided to run for community. celebrate ten years of service and solidarity. Mayor of Oakland. He finished second out of Mr. Speaker, I ask my colleagues in the Throughout this evening of praise and com- nine candidates. United States House of Representatives to mendation to continue the work, there will also In 1974, Mr. Seale resigned as Chairman of join me in commending Mr. William ‘‘Bill’’ Ken- be a presentation of awards to those individ- the Black Panther Party, having grown tired of neth Lazzerini, Jr. on being named the 2016 uals whose contributions have advanced the politics. He has remained active in the com- Kern County Person of the Year. mission of NOAH including Sister Beth munity, writing books and working to improve f Brosmer, Deputy Carl Cain, Rev. Lora Allen, social services and educational opportunities Richard Palladino and Rev. Harvey L. Kelley. in black neighborhoods. HONORING THE TENTH ANNIVER- Since January 2010, Sr. Beth Brosmer, SARY OF THE NIAGARA ORGA- OSF, has served as the executive director of On a personal note, I am deeply grateful for NIZING ALLIANCE FOR HOPE Heart, Love & Soul Food Pantry & Dining ‘‘the Chairman’s’’ brilliance and leadership. He Room in Niagara Falls, N.Y. Working almost was a mentor, a colleague, but most impor- HON. BRIAN HIGGINS seven years at Heart, Love & Soul she con- tantly, a true friend. My late beloved mother, tinues in a servant-leadership role as a Sister Ms. Mildred Massey, was one of Bobby’s OF NEW YORK IN THE HOUSE OF REPRESENTATIVES of St. Francis of Penance and Christian Char- strongest supporters and believed in him and ity where she continues to work harder, inspire the Black Panther Party as the ‘‘vanguard of Tuesday, November 15, 2016 more and expand needed services to those the movement.’’ He taught us the importance Mr. HIGGINS. Mr. Speaker, I rise today to who need so much. of grassroots organizing by knocking on doors, recognize NOAH, Niagara Organizing Alliance Deputy Superintendent of Police Carlton walking precincts, and phone banking to com- for Hope, on the occasion of its 10th Anniver- Cain has served with distinction for more than municate our position on issues and most im- sary and to extend deepest appreciation for 25 years as a member of the Niagara Falls portantly, how to be a true public servant. this grassroots organization’s tireless efforts Police Department. His assignments have in- Today, California’s 13th Congressional Dis- on behalf of those in need in Niagara County. cluded patrol, street crimes, housing, internal trict celebrates the extraordinary life and serv- In 2005, a group of faith and neighborhood affairs, community relations and co-director of ice of Mr. Bobby Seale and wishes him a very leaders came together to make their commu- the Niagara County Law Enforcement Acad- happy birthday and a life that continues to be nity a better place focusing particular attention emy. He brought the Game Changers program filled with peace and happiness and fulfilled by to the economic struggles of the inner city of to the Niagara Falls Boys and Girls Club the great work and leadership he continues to Niagara Falls. Today, NOAH is a faith-based, which received federal recognition by Presi- provide. urban, suburban and racially diverse commu- dent Barack Obama.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.013 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1470 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 Rev. Lora Allen is known and respected as on several boards of directors, including the encourages students to improve on their an accomplished speaker, motivational leader, Champlain Valley Physicians Hospital Medical standards of conduct and integrity. I am de- teacher and preacher. She is the wife of the Center, Hospice, the North Country Chapter of lighted that the exceptional work of everyone Rev. Raymond Allen, Pastor of the Bethany the Red Cross, Pine Harbour Assisted Living at St. Dan’s School has been acknowledged Baptist Church in Niagara Falls where she and Memory Care Center, and both the State on the national stage. I know that when I have serves as Associate Pastor. Rev. Allen is also University of New York at Plattsburgh and visited the school I have always been greatly the Niagara County Democratic Elections Clinton Community College. She is also a impressed by the students, teachers, and ad- Commissioner, the first African American member of the League of Women Voters, ministrators. I wish to congratulate Principal woman to hold that position in New York Business & Professional Women, and an Hon- Ms. Holly Gross, former Principal Mary State. orary Member of Delta Kappa Gamma, Psi Frances Porod, Fr. John Noga, and all the fac- Richard Palladino served his country in the Chapter. ulty, staff, family members, and parishioners United States Navy and continues to serve his Ms. Duprey is also a strong advocate for who work together to make St. Dan’s a highly community as the business manager of Local children and adults with autism in her commu- successful institution that continues to achieve 91. A laborer in the construction field for dec- nity. Each year on her grandson’s birthday, academic success and enrich the faith of ades, his passionate commitment for all those she sponsors a resolution honoring Asperger’s those who are a part of it. he represents is indisputable as he strength- Syndrome Day in the State Assembly. Please join me in celebrating the accom- ened the relationship with the Laborers Inter- In the State Assembly, Ms. Duprey is Con- plishments of St. Daniel the Prophet School in national Union of North America, as well as ference Secretary of the minority leadership, Chicago’s Garfield Ridge neighborhood. Their local, state and federal officials to ensure and serves on both the Rules and Ways and pursuit of academic excellence is inspiring, Local 91 realizes its full potential. His deter- Means Committees. The Assemblywoman and I hope that their success can be rep- mination to help others reach their full poten- also serves on the Correction, Ethics and licated across the nation. tial is exemplified by his implementation of Guidance, and Higher Education Committees, f training classes and initiation of the Apprentice all of which are important to her district. Program. Ms. Duprey has earned numerous awards CONGRATULATING BRIANNA Since 1982, Pastor Harvey Kelley has and distinctions for her service and accom- HALLER OF THE FATIMA COM- served the members and the ministry of the plishments, such as the Advocacy and Re- ETS FOR HER FIRST PLACE FIN- New Hope Baptist Church of Niagara Falls source Center Wall of Fame, the Behavioral ISH IN THE 2016 CLASS 2 GIRLS and will lead the celebration of his Church’s Health Services North Community Service INDIVIDUAL CROSS COUNTRY 80 years of service in March of 2017. Adding Award, the Girl Scout Woman of Distinction, STATE CHAMPIONSHIP to a distinguished list of accomplishments, the New York State County Finance Official of Rev. Kelley is a member of the Niagara Min- the Year, and the Clinton County Business HON. BLAINE LUETKEMEYER isterial Council and a member of the Board of and Professional Woman of the Year award. OF MISSOURI Directors of Niagara Falls Memorial Medical On this day, I want to take a moment to IN THE HOUSE OF REPRESENTATIVES Center and served in the Urban Ministry Pro- thank Assemblywoman Janet Duprey for her Tuesday, November 15, 2016 gram at Niagara University. He is a former many years of public service to our district. Mr. LUETKEMEYER. Mr. Speaker, I rise board member of Niagara Community Center, Janet, congratulations on your retirement, you Niagara Falls Chapter of the Red Cross, Niag- today to ask my colleagues to join me in con- are a true leader and the North Country gratulating Brianna Haller of the Fatima High ara Habitat for Humanity, and the Center for thanks you for your commitment to improving the Study and Stabilization of the Black Fam- School Comets for her first place win in the our community. Your humility and tireless 2016 Missouri Class 2 Girls Individual Cross ily, formerly located at Niagara University. service will be missed by many. Mr. Speaker, thank you for allowing me to Country State Championship. acknowledge NOAH’s leadership, membership f Brianna and her coach should be com- and those they will recognize on October, 6, HONORING ST. DANIEL THE mended for all of their hard work throughout 2016 on its first decade of remarkable PROPHET SCHOOL FOR RECEIV- this past year and for bringing home the state achievements and to wish them success and ING THE 2016 NATIONAL BLUE championship to her school and community. support as their mission of action, empower- RIBBON SCHOOL AWARD I ask you to join me in recognizing Brianna ment and inclusiveness moves our community Haller of the Fatima Comets for a job well forward making our community a better place HON. DANIEL LIPINSKI done. for all. f OF ILLINOIS f IN THE HOUSE OF REPRESENTATIVES RECOGNIZING GENTEX CORPORA- TION AS THE COMMONWEALTH HONORING ASSEMBLYWOMAN Tuesday, November 15, 2016 JANET DUPREY ON HER RETIRE- MEDICAL COLLEGE’S 2016 SCHOL- Mr. LIPINSKI. Mr. Speaker, I rise today to MENT ARSHIP GAME INNOVATION HON- honor St. Daniel the Prophet School, an ex- OREE HON. ELISE M. STEFANIK emplary Catholic elementary school in Chi- cago, Illinois, which is receiving the prestigious HON. LOU BARLETTA OF NEW YORK U.S. Department of Education National Blue OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Ribbon School Award. IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2016 In 1982, the Department of Education estab- Tuesday, November 15, 2016 Ms. STEFANIK. Mr. Speaker, I rise today to lished the National Blue Ribbon Schools Pro- honor and recognize Assemblywoman Janet gram to recognize public and private schools Mr. BARLETTA. Mr. Speaker, it’s my privi- Duprey who represents New York’s 115th As- whose students display high or significantly lege to recognize Gentex Corporation as The sembly district who will retire at the end of this improved achievement. The program’s goal is Commonwealth Medical College’s 2016 Schol- year following a distinguished 40 year career to identify aspects of thriving American arship Gala Innovation Honoree. Each year in public service. schools in order to replicate their success. The Commonwealth Medical College honors In 1976, she was the first woman elected to This year there are 21 Exemplary High Per- an outstanding individual or group for out- the Clinton County legislature, where she forming National Blue Ribbon Schools in the standing innovations in their field. Gentex Cor- served for 10 years, including 2 years as state of Illinois, only 5 of which are private, poration’s work to provide defense forces, first chairperson. She was elected Clinton County and I am proud that one of these exceptional responders, and industrial personnel with cut- Treasurer in 1986 and held that position until schools is located in my district. ting edge solutions exemplifies the pioneering her election to the New York State Assembly The mission of St. Daniel the Prophet spirit that this award represents. in 2006, where she serves today. Throughout School is ‘‘to create a faith community, de- In the late 19th century, Gentex began oper- her career, she has been a strong advocate velop moral values and integrity, provide ex- ations under the name ‘‘Klots Throwing Com- for the North Country with a sincere dedication cellent education opportunities, and respect pany,’’ and on the advice of their bookkeeper, to improving her community and the lives of unique educational differences.’’ Founded in Marcus Frieder, chose Carbondale, Pennsyl- her constituents. 1949, the school offers a rigorous and engag- vania as their headquarters to employ the In addition to her duties as ing curriculum. St. Dan’s works to help de- wives and daughters of the region’s coal min- Assemblywoman, Ms. Duprey holds positions velop students’ moral and spiritual values, and ers. In 1932, Marcus and his son, Leonard

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.014 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1471 Frieder, bought and renamed the company CONGRATULATING THE FATIMA tablish the National Diabetes Clinical Care General Textile Mills. As a producer of silk COMETS FOR THEIR FIRST Commission. cartridge bags during World War I and para- PLACE FINISH IN THE 2016 CLASS This bill directs the Commission to evaluate chutes during World War II, General Textile 2 GIRLS CROSS COUNTRY STATE and recommend solutions regarding better co- Mills was awarded the Army-Navy ‘E’ Award CHAMPIONSHIP ordination and leverage of federal programs for excellence in wartime production as the that relate to supporting appropriate clinical nation’s largest manufacturer of parachutes at HON. BLAINE LUETKEMEYER care for people afflicted with pre-diabetes, dia- the time. The company’s name was then OF MISSOURI betes, and the resulting chronic diseases and shortened to Gentex in 1958. With rapid ad- IN THE HOUSE OF REPRESENTATIVES conditions arising from these diseases. vancements in aircraft technology following As a member of the Congressional Diabetes World War II, the government approached Tuesday, November 15, 2016 Caucus, I understand the importance of diabe- Gentex to utilize the same composite-structure Mr. LUETKEMEYER. Mr. Speaker, I rise tes prevention and care of patients. technology used in their parachute boxes for today to ask my colleagues to join me in con- We must address the devastating impact of the production of pilot helmets. These hard gratulating the Fatima High School Comets diabetes as the seventh leading cause of shell helmets were revolutionary, and, to this Cross Country team for their first place win in death in the United States, affecting nearly day, Gentex continues to design the most the 2016 Missouri Class 2 Girls Cross Country 29,000,000 Americans. technologically advanced personal protection State Championship. Since 2011, 3 million Americans have been and situational awareness solutions for de- This team and their coach should be com- diagnosed with the disease and more than fense forces, first responders, and industrial mended for all of their hard work throughout twice that, 7 million Americans, have been di- personnel. this past year and for bringing home the state agnosed as pre-diabetic. The Frieder family was instrumental in guid- championship to their school and community. In my home state of Texas, the numbers ing the company from its inception at the turn I ask you to join me in recognizing the Fat- are even more worrisome. of the century to the global leader it is today. ima Comets Cross Country team for a job well According to a study performed by the Staying true to their family roots, this fourth- done. Texas Department of State Health Services in generation company is run by Chairman L. f 2013, 11 percent of adults in Texas suffer Peter Frieder, Jr. and President L.P. Frieder from diabetes and 8.1 percent of adults have IN HONOR OF RON DICARLO III. This sense of family does not stop with the pre-diabetes. company’s leadership. Gentex continues to Of these percentages, minorities had the take pride in being an active member in their HON. DONALD NORCROSS highest level of diabetes and pre-diabetes oc- community and empowering the economic sta- OF NEW JERSEY currences: bility of all that make the company so special. IN THE HOUSE OF REPRESENTATIVES In Black adults, 12.9 percent had diabetes and 9.6 percent had pre-diabetes. Many of my constituents work at Gentex, and Tuesday, November 15, 2016 when a company can survive both industrial In Hispanic adults, 12.7 percent had diabe- Mr. NORCROSS. Mr. Speaker, I rise today and digital revolutions, it speaks to both the tes and 6.2 percent had pre-diabetes. to honor United States Army Veteran Ron leadership of the employer and quality of em- In 2014 in Harris county, 8.5 percent of DiCarlo for his achievements, contributions, ployees. L.P. and Peter say the Carbondale adults were diagnosed with diabetes. and service in the United States Army whilst facility reminds them every day of where they A 2012 Centers for Disease Control study overseas in Korea. came from, and this spirit is the inspiration estimated diabetic medical treatments cost pa- Ron DiCarlo was drafted into the United that keeps them committed to the communities tients throughout the country an estimated States Army on August 4, 1967 and volun- they work in. Their work with area charities $245 billion. teered for Vietnam, but since he was highly such as The American Red Cross, Pennsyl- The direct medical costs associated with di- skilled with generators he was transferred to vania Special Olympics, Ronald McDonald abetes diagnoses totaled $176 billion. Korea. After serving overseas for eighteen House of Scranton, and Pennsylvania’s Adopt- These numbers are incredibly high, but I am months Ron was honorably discharged as an A-Highway Program speaks to their out- encouraged by the commendable efforts of the SPA 4 from the Signal Battalion in Seoul, standing work, and we are all grateful that a National Diabetes Clinical Care Commission Korea, in February of 1969. company so committed to its community con- Act. After his service, Ron worked for 30 years tinues to stay and excel in Northeastern Penn- H.R. 1192 takes a critical step in the direc- as a machinist in Westmont, New Jersey. Ron sylvania. tion of preventive medicine, shifting the focus served as Senior Vice-Commander of Bar- of diabetes management from reactive to Mr. Speaker, as The Commonwealth Med- rington VFW Post 7247 for several years. proactive by encouraging prevention. ical College’s 2016 Scholarship Gala Innova- Along with this, he is also a steady contributor Additionally, the establishment of the Na- tion Honoree, Gentex Corporation has contin- to the Wounded Warrior program. tional Diabetes Clinical Care Commission with- ually defined what it means to be a leader in Ron has been married for the past forty- in the Department of Health and Human Serv- their industry. On behalf of my constituents, I seven years to his wife Nancy and together ices would allow greater collaboration in re- thank them for their support of our armed they have 2 daughters, 4 granddaughters, and search in the area of diabetes, pre-diabetes, forces and first responders, and look forward a great grandson. and the health outcomes. to their continued innovation and involvement Mr. Speaker, Ron DiCarlo is a great Amer- I urge my colleagues to join me in sup- in our region. ican and family man whose service to our porting H.R. 1192, the ‘‘National Diabetes country in the United States Army is invalu- Clinical Care Commission Act.’’ f able, and serves as an inspiration to his com- f munity. I join with his family, friends, and all of PERSONAL EXPLANATION New Jersey in honoring the selfless service of CONGRATULATING THE FESTUS this extraordinary man. TIGERS FOR THEIR FIRST PLACE f FINISH IN THE 2016 CLASS 3 HON. STEPHEN KNIGHT BOYS CROSS COUNTRY STATE OF CALIFORNIA NATIONAL DIABETES CLINICAL CHAMPIONSHIP IN THE HOUSE OF REPRESENTATIVES CARE COMMISSION ACT

Tuesday, November 15, 2016 SPEECH OF HON. BLAINE LUETKEMEYER OF MISSOURI Mr. KNIGHT. Mr. Speaker, on Monday, No- HON. SHEILA JACKSON LEE IN THE HOUSE OF REPRESENTATIVES vember 14th, I missed two votes due to a de- OF TEXAS Tuesday, November 15, 2016 layed flight. Had I been present for the day’s IN THE HOUSE OF REPRESENTATIVES vote series, I would have voted yea on Roll Mr. LUETKEMEYER. Mr. Speaker, I rise Call No. 575, the passage of H.R. 985, the Monday, November 14, 2016 today to ask my colleagues to join me in con- Concrete Masonry Products Research, Edu- Ms. JACKSON LEE. Mr. Speaker, I rise in gratulating the Festus High School Tigers cation, and Promotion Act of 2015, as amend- strong support of H.R. 1192, the ‘‘National Di- Cross Country team for their first place win in ed; and yea on Roll Call No. 576, the passage abetes Clinical Care Commission Act,’’ which the 2016 Missouri Class 3 Boys Cross Coun- of H.R. 2669, the Anti-Spoofing Act of 2016. amends the Public Health Service Act to estry State Championship.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.015 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1472 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 This team and their coach should be com- CONGRATULATING PETER LUCIDO Dr. Hames is married to Lady Michelle J. mended for all of their hard work throughout OF THE FRANCIS HOWELL Gaskill-Hames who serves as a Senior Vice this past year and for bringing home the state NORTH KNIGHTS FOR HIS FIRST President with Kaiser Permanente. He is also championship to their school and community. PLACE FINISH IN THE 2016 MIS- the proud father of two sons, Charles I ask you to join me in recognizing the SOURI BOYS SWIMMING AND Jonathon Hames, Elijah Immanuel Hames and Festus Tigers for a job well done. DIVING COUNTRY STATE CHAM- daughter, Jael Deon Hames. PIONSHIP Today, California’s 13th Congressional Dis- f trict salutes and honors the outstanding Rev. Dr. Charley Hames, Jr. His dedication and IN RECOGNITION OF APRIL MARIE HON. BLAINE LUETKEMEYER OF MISSOURI commitment to our local faith community has KEMP, FOUNDER AND PROGRAM impacted many lives throughout the district DIRECTOR OF MARLEY’S MIS- IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2016 and the nation. I wish Dr. Hames many more SION years of faithful and compassionate service. Mr. LUETKEMEYER. Mr. Speaker, I rise HON. MATT CARTWRIGHT today to ask my colleagues to join me in con- f OF PENNSYLVANIA gratulating Peter Lucido of the Francis Howell North High School Knights for his first place HONORING LOUIS KEE MARKET OF IN THE HOUSE OF REPRESENTATIVES win in the 2016 Missouri Boys Swimming and FRESNO COUNTY Tuesday, November 15, 2016 Diving State Championship. Mr. CARTWRIGHT. Mr. Speaker, I rise Peter and his coach should be commended HON. JIM COSTA today to honor April Marie Kemp, who will re- for all of their hard work throughout this past OF CALIFORNIA ceive WVIA’s first ever Youth & Family Award. year and for bringing home the state cham- IN THE HOUSE OF REPRESENTATIVES pionship to their school and community. Ms. Kemp is the founder and program director Tuesday, November 15, 2016 of Marley’s Mission. Marley’s Mission is a non- I ask you to join me in recognizing Peter profit organization that provides equine-based Lucido of the Francis Howell North Knights for Mr. COSTA. Mr. Speaker, I rise today to therapy free of charge to children, and their a job well done. recognize Louie Kee Market in west Fresno, families, who have experienced trauma. f CA. After 93 years of serving the community, Ms. Kemp was born in San Leandro, Cali- Louie Kee Market is closing its doors. For HONORING REV. DR. CHARLEY many people, Louie Kee Market is not solely fornia and is a 1996 graduate of Ridgeview HAMES, JR. High School in Paradise, California. In 2003, a market, but a friendly place that felt like she moved to Pennsylvania. She has pursued home for its loyal patrons. The commitment, a degree in Criminal Justice at Colorado Tech- HON. BARBARA LEE service, and friendliness that this market has OF CALIFORNIA nical University. given to people of the Central Valley will be IN THE HOUSE OF REPRESENTATIVES On July 5, 2009, Ms. Kemp’s five-year-old missed. daughter was attacked in their home in Taylor, Tuesday, November 15, 2016 Louie Kee Market, located on 1041 Tulare Pennsylvania. After limited success with tradi- Ms. LEE of California. Mr. Speaker, I rise Street, was founded by Kee and Effie Louie in tional therapy, Equine-Assisted Psychotherapy today to honor the extraordinary career and April of 1923. The market has been operated was added to her daughter’s regimen. Re- the service of Rev. Dr. Charley Hames, Jr., as by four generations of the Louie family. In search has shown Equine-Assisted Psycho- he celebrates with friends, family, and his con- 1967, Kee and Effie’s son, Sherman Louie, therapy yields a variety of benefits such as gregation 25 dedicated years of faithful service took over day to day operations. With the help confidence, self-efficacy, self-concept, commu- and ministry. of three of his children, the Louie family has nication, anxiety reduction, and trust. Dr. Hames was born to Charley Hames, Sr. been able to keep the store running strong. Inspired by her daughter’s progress with and Leona Elizabeth Steadman-Hames on Because of passionate family members and Equine-Assisted Psychotherapy, Ms. Kemp January 10, 1974, on the South side of Chi- enthusiastic customers, Louie Kee Market has established Marley’s Mission. Marley’s Mission cago, Illinois. become one of the longest-running family-op- is housed on a 32-acre campus in Newton After completing high school, Dr. Hames erated grocery stores in the city of Fresno. Al- Township, Pennsylvania and utilizes twelve went on to graduate from Chicago State Uni- though the store was small, with only five therapy horses in its program. Marley’s Mis- versity where he received his Bachelor of Arts aisles and a long meat counter, it has a big sion employs a team approach to healing chil- degree in African-American studies. He would place in the hearts of Fresno residents. The dren who have experienced trauma. The treat- then go on to study at Garrett-Evangelical market and its staff have always been friendly, ment team includes a specially trained Trauma Theological Seminary in Evanston, Illinois and welcoming and helpful in an effort to foster a Therapist and an Equine Specialist. The treat- in 2000 he earned his Masters of Divinity. In personal relationship with the community. ment team has been educated in the inter- 2004, Rev. Hames earned and received his The market is a staple in the lives of many nationally recognized Equine-Assisted Therapy Doctor of Ministry degree in Evangelism from local residents. The Louie Kee Market was Model developed by the Equine Assisted the Perkins School of Theology, Southern known for giving students in the neighboring Growth and Learning Association. Methodist University, in Dallas, Texas. high school their first job. This opportunity al- It is an honor to recognize April Marie Kemp In 2003, Dr. Hames had obediently fulfilled lowed them to get a strong sense of work for her work helping children who have experi- his calling to serve as Senior Pastor of Beebe ethic and fostered their future as it gave them enced trauma. I congratulate her for being the Memorial Cathedral (BMC) in Oakland. Dr. quality experience at a young age. The Louie inaugural recipient of WVIA’s Youth & Family Hames has received many accolades includ- Kee Market also had an incredible impact on Award. I wish her all the best as she con- ing being named ‘‘Pastor of the Year’’ by the their employees as they strove to make them tinues the work of Marley’s Mission. CME 9th Episcopal District. feel like family. The Louie’s made it a habit to A passionate fighter for the men of color in invite their employees for family dinners. In f our communities, Dr. Hames was amongst a 1982, the Louie’s took all of the employees on group of pastors and community leaders se- a trip to Disneyland. This was more than just PERSONAL EXPLANATION lected to meet at the White House in 2012 to a small business; Louie Kee Market truly fos- discuss the killing of Trayvon Martin with tered community development and knew how HON. TOM REED President Barack Obama. He has also been a to treat its employees. OF NEW YORK commentator on CNN to speak about the rela- Mr. Speaker, it is with great respect that I IN THE HOUSE OF REPRESENTATIVES tionships between police and communities of ask my colleagues in the U.S. House of Rep- color. He volunteers as chaplain of 100 Black resentatives to join me in honoring Louie Kee Tuesday, November 15, 2016 Men of the Bay Area, Inc., president of the Market for 93 years of business. This Fresno Mr. REED. Mr. Speaker, on Monday, No- National Action Network’s Oakland chapter, landmark will be missed by many in the com- vember 14, 2016, I was unable to vote on Roll Chairman of the board of the Oakland African- munity. Louie Kee Market has made phe- Call vote No. 575: Passage of H.R. 985, the American Chamber of Commerce and is a nomenal strides to contribute to Fresno Coun- Concrete Masonry Products Research, Edu- proud Life member of the Alpha Phi Alpha, ty. They have had a positive influence on our cation, and Promotion Act of 2015. Had I been Fraternity, making him a true champion of our community and deserve to be commended for present, I would have voted ‘‘yes.’’ community. their efforts.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\K15NO8.019 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1473 CONGRATULATING MIKAYLA REED and for the many different issues she holds Officer Giles was born on July 21, 1940 in OF THE WASHINGTON BLUE close to her heart. Though we don’t always Tulare, California and later moved with his JAYS FOR HER FIRST PLACE agree on every policy matter, I have the ut- family to Corcoran where he graduated from FINISH IN THE 2016 CLASS 4 most respect for the work my good friend has Corcoran High School in 1957, and later Col- GIRLS INDIVIDUAL CROSS COUN- done for our nation. Though I will miss serving lege of the Sequoias. He attended Fresno TRY STATE CHAMPIONSHIP alongside another ACU Wildcat, I have no State University and served in the United doubt she will continue her excellent work States Army from 1963 to 1965. Officer Giles HON. BLAINE LUETKEMEYER back home in Los Angeles taking care of peo- married his wife Wilma, with whom he had OF MISSOURI ple. Because taking care of people is what three children. IN THE HOUSE OF REPRESENTATIVES JANICE HAHN does. In recognition of his dedication to enforcing And that’s just the way it is. Tuesday, November 15, 2016 our laws, preventing crimes, and keeping his f community safe, the Assembly of California Mr. LUETKEMEYER. Mr. Speaker, I rise State Legislature passed a resolution desig- RECOGNIZING THE CAREER AC- today to ask my colleagues to join me in con- nating the interchange at State Routes 43 and COMPLISHMENTS OF CAYLA gratulating Mikayla Reed of the Washington 198 in Kings County as the CHP Officer Keith RIVAS High School Blue Jays for her first place win M. Giles Memorial Interchange. in the 2016 Missouri Class 4 Girls Individual Prior to becoming a California Highway Pa- Cross Country State Championship. HON. JIM COSTA trol Officer, Officer Giles was an active mem- Mikayla and her coach should be com- OF CALIFORNIA ber of his community and a farmer. Officer mended for all of their hard work throughout IN THE HOUSE OF REPRESENTATIVES Giles graduated from the California Highway this past year and for bringing home the state Tuesday, November 15, 2016 Patrol Academy and served the Santa Fe championship to their school and community. Springs Area for four years before he was I ask you to join me in recognizing Mikayla Mr. COSTA. Mr. Speaker, I rise today to tragically killed in the line of duty on August Reed of the Washington Blue Jays for a job recognize and applaud the success of Ms. 25, 1974 during a routine traffic stop. well done. Cayla Rivas. Cayla broke a world record at Officer Giles was an exemplary and dedi- f the American Motorcyclists Association (AMA) Land Speed Grand Championship, which took cated officer who was known for his love of HONORING CONGRESSWOMAN place from August 27 through September 1, in law enforcement and his job, as well as his JANICE HAHN Wendover, Utah. Cayla broke the 500 modi- devotion to his loving family. His sacrifice in fied partial streamlined-pushrod blown gas serving the California Highway Patrol and the HON. TED POE (MPS–PBG) class with a speed of 134.722 citizens of California left a lasting impact on OF TEXAS miles per hour (mph) on a Buell Blast 500 his community. IN THE HOUSE OF REPRESENTATIVES cubic centimeter (cc). She is to be com- Mr. Speaker, I ask my colleagues in the United States House of Representatives to Tuesday, November 15, 2016 mended for this impressive accomplishment and for representing the Valley. join me in commending the late Officer Keith Mr. POE of Texas. Mr. Speaker, after four Cayla’s interest in motorcycle racing began Melvin Giles on his dedicated service as a productive years in Congress, my good friend at an early age when her father, Chris Rivas, California Highway Patrol Officer. and colleague, Representative JANICE HAHN a National Hot Rod Association (NHRA) run- (CA), will retire from the United States Con- ner-up and four time winner on the national f gress. She will continue her passion for public circuit switched from motorcycle drag-racing to HONORING WILLIAM BYRON service, pursuing her lifelong dream of serving land speed-racing. Continuing the family leg- RUMFORD on the Los Angeles County Board of Super- acy, her motorcycle career began at the age visors, just like her father did before her. of twelve years old. Cayla’s father and mother JANICE was born to work in public service, HON. BARBARA LEE taught her the importance of hard work and and it seems that public service is in her OF CALIFORNIA commitment as she set her first world record blood. Her father was one of Los Angeles in 2001 going 62.9 mph for the MPS–PF IN THE HOUSE OF REPRESENTATIVES County’s Supervisors for 40 years, and her class. Tuesday, November 15, 2016 brother was the Mayor of Los Angeles from Not only is Cayla a world-record holder, but 2001–2005. It was no surprise that she ran Ms. LEE. Mr. Speaker, I rise today to honor she is also an active member in the Fresno the extraordinary life of an outstanding mem- for—and won—a seat onto the Los Angeles community. As a junior at Fresno Christian City Council in 2001, where she would sit for ber of the East Bay community the Honorable High School, Cayla is involved in multiple William Byron Rumford. the next 10 years. school and local activities. She is a three-sport Then, in July of 2011, JANICE won a special He was born in Courtland, Arizona in 1915. varsity athlete as a cheerleader, soccer player, election to serve in the House of Representa- As a child, he shined shoes, sold newspapers, and a sprinter on the track team. In addition, tives. As the only two alumni of Abilene Chris- and graduated from George Washington Cayla is a successful artist as she has won tian University to ever serve in the U.S. House Carver High School in Phoenix in 1926. After grants and awards at local art festivals for her of Representatives, JANICE and I became finishing his studies at Sacramento Junior Col- acrylic painting and colored pencil drawings. lege in 1931, he earned his pharmacy degree quick friends. Our friendship brought us back Mr. Speaker, it is with great pleasure that I to our alma mater to talk about bipartisanship at the University of California, San Francisco. ask my colleagues in the U.S. House of Rep- After he graduated, he took a number of and the importance of working across the aisle resentatives to join me in recognizing Ms. to find workable solutions to many of the prob- exams for employment and was discriminated Cayla Rivas for her exceptional accomplish- against at every turn. He fought his way lems that our communities face. JANICE has ments. Cayla’s passion for racing and team become a positive role model for young through by appealing his oral examination, ulti- activities make her a well-rounded individual mately becoming a member of the California women who want to succeed in public service. and source of inspiration and pride for the San Our ACU connection also led us to talk Board of Pharmacy. Joaquin Valley. about the importance of ports to each of our Mr. Rumford worked in the Bay Area as an respective congressional districts and to found f assistant pharmacist and as a venereal dis- the Congressional PORTS Caucus to advo- IN RECOGNITION OF OFFICER ease investigator for the state. In 1942, he co- cate on behalf of our nation’s ports. Our work KEITH MELVIN GILES invested in a pharmacy on Sacramento Street through the PORTS Caucus brought JANICE to in Berkeley, which he later purchased and re- the Port of Houston to learn more about one HON. DAVID G. VALADAO named Rumford’s Pharmacy (now known as the Rumford Clinic). Later, he served as the of our nation’s busiest export ports and OF CALIFORNIA director of the Oakland chapter of the Red brought me to the Port of Long Beach, one of IN THE HOUSE OF REPRESENTATIVES our nation’s busiest import ports. We stood to- Cross, president of the East Bay Health Asso- gether to introduce legislation and amend- Tuesday, November 15, 2016 ciation, and was on the region’s Democratic ments to ensure that our ports had more re- Mr. VALADAO. Mr. Speaker, I rise today to Central Committee. sources to help their critical missions. commend the late Officer Keith Melvin Giles Mr. Rumford went on to lead an impactful During her tenure, she has been an out- for his dedicated service to his community as and significant political career, and ultimately spoken advocate and champion for her district a California Highway Patrol Officer. became the first African American legislator

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.021 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1474 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 from Northern California. Inspired by the dis- DALLAS STOUDENMIRE known in Texas as a handsome man, a sharp parities he witnessed in his pharmaceutical ca- dresser and a gentleman around the ladies. reer, he joined the Berkeley Emergency Hous- HON. TED POE Despite his outward appearances, he had a ing Committee in 1942 and the Berkeley Rent OF TEXAS deadly reputation and was involved in more Board in 1944. In addition, he worked with the IN THE HOUSE OF REPRESENTATIVES gunfights than most of his better-known con- unofficial Berkeley Interracial Committee which Tuesday, November 15, 2016 temporaries, including Doc Holliday, Wyatt was intended to ease tensions between the Earp, Bat Masterson or John Selman. He was Black community of Berkeley and White Mr. POE of Texas. Mr. Speaker, Texas known for his habit of wearing two guns and Southerners who were moving in. He was also Ranger Dallas Stoudenmire stepped out of the being equally accurate with either hand. a member of the Appomattox Club, which was stage coach and stood in the street of the That evening an argument erupted with one of the first African American political orga- rough, remote, boomtown of El Paso, Texas in George Campbell over comments he allegedly 1881. This wasn’t the first lawless town the made about Krempkau. Crooked as the Braz- nizations in the country; there was little hope ′ ″ for an African American candidate at that time, 6 4 tall Ranger had seen. El Paso was look- os, and heavily intoxicated John Hale so the organization supported White can- ing for a town marshal, an outsider with a snatched one of Campbell’s two pistols and ‘‘rough reputation.’’ Stoudenmire was the man didates who they believed were right on polit- shot Krempkau who fell to the floor, wounded. for the job. He would be the town’s sixth mar- ical issues affecting the African American Hale scurried to a post in front of the salon as shal in eight months. El Paso—called ‘‘Hell community. Stoudenmire seemingly flew to the scene, pis- Paso’’ by some—had a reputation as a wild Mr. Rumford did not seek to become a pro- tols raised. and violent town was about to end. The marshal’s first shot went wild, fessional politician; instead, he was a neigh- As a former Judge, I was known for handing accidently hitting an innocent Mexican by- borhood pharmacist who was passionate out unique public punishments, and it seems stander. His second shot hit Hale dead center. about addressing the biggest issues impacting that Stoudenmire employed a few shame tac- When Campbell saw Hale fall, he ran from the his community. Eventually, Mr. Rumford ran tics of his own. As he began his tenure as saloon waving his gun and shouting ‘‘Gentle- for election in the California Assembly and Marshal, he was asked to relieve the deputy men, this is not my fight!’’ However, wounded won in 1949. At first he represented mostly Af- marshal and town drunkard, Bill Johnson, of Krempkau was out for vengeance and fired at rican American areas of Oakland and a por- the city jail keys. It is said that Stoudenmire Campbell, striking him. Marshal Stoudenmire tion of South Berkeley. In 1960, however, the approached a rather intoxicated Johnson and spun around, firing three bullets straight into district was enlarged to include more of Berke- requested the jail keys. Johnson mumbled Campbell’s stomach. As the dusty street of El ley and Albany. As an Assemblymember, Mr. under his breath and attempted to give him Paso cleared, four men lay dead. The Holly- Rumford produced several effective pieces of the runaround. Stoudenmire became impatient wood style series of events took place in less legislation. In 1949, he worked tirelessly to and demanded Johnson hand over the keys than five seconds. The gunfight was so well pass The Bill to End Discrimination in the Na- immediately. Johnson still demurred, and the publicized that newspapers in cities as far tional Guard, which lessened racial discrimina- marshal took matters into his own hands. He away as San Francisco and New York, mak- tion in the National Guard. He also introduced picked Johnson up, flipped him upside down, grabbed the keys, threw him to the ground ing Stoudenmire a living legend. legislation early in his Assembly tenure per- Despite Stoudenmire’s success in drastically and walked away. Public humiliation goes a taining to fair trade, small businesses, child dropping the crime rate in El Paso, he had an long way, Mr. Speaker. polio immunizations, atomic energy conver- extremely bad temper, especially when intoxi- sion, and environmental pollution. Stoudenmire was revered as a strong shot, deadly and fast. His service began as a young cated, which ultimately led to his downfall. Today, Mr. Rumford is best remembered for boy in the Confederate Army. At 15 years of After a series of events that led to three pieces of legislation: the California Fair age, he volunteered in the 45th Alabama In- Stoudenmire drinking heavily, he was asked to Employment Practices Act of 1959, which fantry Division and left the war with two bullets step down as town marshal. He infamously lessoned the impact of race on hiring deci- embedded in his body that he carried inside confronted the town council while inebriated, sions; the Good Samaritan Act of 1959, which him for the rest of his life. When the war and dared them to take his guns or his job. garnered national attention as the first law in ended, he moved to the Great State of Texas The fearful council quickly backed down. How- the country to protect professionals in emer- and originally settled in Columbus, where he ever, two days later a sober Stoudenmire of- gency situations; and the law that bore his was said to have killed a number of men. fered his resignation and began running the name: the Rumford Fair Housing Act of 1963, On April 14, 1881, three days into the job in Globe Restaurant. Later that July, he accepted which failed to survive a referendum chal- El Paso, Stoudenmire became party to one of an appointment as a U.S. Deputy Marshal. He lenge, but was upheld by the Supreme Court the most legendary gunfights in the history of continued to use his remarkable marksman- of the United States. This act served as Cali- the old Wild West, famously called ‘‘Four ship skills to settle arguments. fornia’s main enforcement authority against Dead in Five Seconds Gunfight.’’ A group of Stoudenmire was killed during his ongoing race-based housing discrimination, by way of heavily armed Mexican cowboys rode into feud with the Manning Brothers when he was housing covenants, until the passage of the town in search of 30 head of rustled cattle and shot during an argument. Even during his final Federal Civil Rights Act of 1968. two Mexican vaqueros that had gone looking moments, he continued fighting for his life. His tremendous legacy paved the way for for them in Texas. But the vaqueros had been Doc Manning pulled his gun and fired first, hit- civil rights legislation nationally, and has been murdered. ting Stoudenmire in the left arm, causing the beautifully honored by the William Byron The bodies of the two men were found out gun to fall out of his hand. Doc’s second shot Rumford Memorial Project. This project is led near Johnny Hale’s ranch about 13 miles hit the marshal’s pocket filled with papers. The by a diverse group of community members northwest of El Paso. Two outlaw cattle rus- wild shot didn’t break through the skin, but who see the rapid changing of South Berke- tlers, Peveler and Stevenson, who stole the forced him backward through the saloon ley’s demographics as a ripe time to honor his Mexican cattle and took them to Hale’s ranch, doors, into the street. Stoudenmire pulled his leadership, activism, and community, while were foolishly overheard bragging about mur- second gun and shot with his other hand, hit- preserving the neighborhood’s history. dering vaqueros. They were charged with the ting Doc in the arm. Doc’s brother Jim fol- homicides. Chaos broke out in the streets of lowed and fired, hitting Stoudenmire behind On a personal note, William was a trail- El Paso after the Mexicans showed up for the the ear, instantly killing him. The brothers had blazer. Had it not been for him, I never would trial. ended the feud, killing one of the most impres- have been elected to the CA legislature. I owe Animosity and worries from the Americans sive gunslingers of the day. him a debt of gratitude and I will be forever about the heavily armed and enraged Mexi- Stoudenmire was honored with a funeral at grateful. cans spread a heavy tension over El Paso. El Paso’s Masonic Lodge before his wife had Today, California’s 13th Congressional Dis- Constable Krempkau was fluent in Spanish his body shipped to Columbus, Texas for the trict salutes the legacy of the Honorable Wil- and was required to interpret for the town burial. Marshal Stoudenmire was a member of liam Byron Rumford. His contributions have judge. Peveler and Stevenson were officially the thin blue line, the line that keeps us safe truly impacted countless lives through the East charged with murder but found not guilty. After from evil doers and outlaws. His success in Bay area and the country. I join all of Mr. the trial, Constable Krempkau made his way taming the wild and violent town of El Paso Rumford’s loved ones and the community from the courthouse to the saloon to retrieve was truly a credit to his outstanding marks- members involved in the William Byron his rifle and pistol. manship. 6′4″ Dallas Stoudenmire was a larg- Rumford Memorial Project in celebrating his Marshal Stoudenmire was enjoying his din- er than life Texan who kept other Texans safe incredible life and legacy. ner at the restaurant across the street. He was from harm.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.025 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1475 And that’s just the way it is. votes of minorities, but also those of students, the underlying tenets that have lit our path, al- the disabled, the poor, and those in the mili- lowing us to live in freedom and flourish like f tary and overseas. no other nation. The British system insightfully RESTORATION TUESDAY: A We cannot forget the courage and dedica- speaks of the ‘‘loyal opposition.’’ The recent DEMAND FOR DEMOCRACY tion of those who marched and fought for vot- contentious election points at ‘‘two Americas,’’ ing rights in 1965. Let’s not forget the lessons or even more, and our goal is to build con- HON. TERRI A. SEWELL learned in 1965 and in the fifty years since as necting bridges toward ‘‘a more perfect union.’’ we have watched countless attempts to under- Both winners and losers (alternating in a de- OF ALABAMA mine our progress. As Civil Rights icon, Con- mocracy) belong to the one big tent of our IN THE HOUSE OF REPRESENTATIVES gressman, and my friend JOHN LEWIS will tell American family. There is plenty of space for Tuesday, November 15, 2016 you, ‘‘There is still work to be done.’’ Let’s re- everyone in the inviting spirit of dialogue. All commit ourselves to restoring the promise of are needed in order to fully fulfill America’s Ms. SEWELL of Alabama. Mr. Speaker, voter equality. Partisanship cannot be promise and mandate. today on this Restoration Tuesday I rise to ac- prioritized over the people of America. Voter Our military heroes, including our Jewish knowledge the persistent need for new voting suppression has to stop now. rights legislation, even after the 2016 general American ones, are the essential and appre- election. f ciated shared golden treasure, gloriously glu- Last week’s presidential election was the OUR GOD IN WHOM WE HAVE ing together the disparate parts of our politic first in over fifty years without the full protec- PLACED OUR TRUST tapestry while protecting its very existence. tion of the Voting Rights Act of 1965—and it Only yesterday we observed the 78th anniver- must be the last. The time to restore the fun- HON. E. SCOTT RIGELL sary of Kristallnacht (the Night of the Broken damental civil right to vote for millions of Glass throughout Germany on November 9– OF VIRGINIA Americans is always right now. This is not a 10, 1938), the beginning of the end of Euro- IN THE HOUSE OF REPRESENTATIVES request for reconciliation, this a deliberate de- pean Jewry, orchestrated in the heart of so- mand for democracy. Tuesday, November 15, 2016 called civilized Europe with disastrous con- Just one week ago today, American citizens Mr. RIGELL. Mr. Speaker, I rise today to in- sequences for humanity. The presence of the faced voting restrictions in the forms of new clude in the RECORD the following on behalf of U.S. Holocaust Memorial Museum in our na- photo ID requirements, DMV and voting poll my constituent, Rabbi Dr. Israel Zoberman. tion’s capital is a poignant statement that de- closures, and significant reductions or elimi- Rabbi Zoberman is the Founding Rabbi of mocracies are vulnerable. Democracies re- nation of early voting and weekend voting. Congregation Beth Chaverim in Virginia quire eternal vigilance and engagement of the Voting restrictions have been put in place in Beach, Virginia. He is a commissioner on the caring, concerned, courageous, and compas- 22 states—14 of which had new restrictions Virginia Beach Human Rights Commission sionate citizenry, lest it becomes perverted for the first time in 2016, making it harder for and a past national Interfaith Chair for the from within due to extreme conditions and cor- millions of Americans to exercise their right to Jewish Council for Public Affairs (JCPA). rosive demagoguery with evil intent. The Jew- vote. This was unacceptable at the inception Rabbi Zoberman asked me to include the fol- ish people can sadly attest that words do mat- of the Constitution. This was unacceptable lowing in the RECORD: ter and bear fateful consequence. Human dig- during the marches of 1965. How can we, as We have gratefully gathered on the auspi- nity and God’s divinity go hand in hand. representatives of the American people, ac- cious occasion of our 7th annual Veterans These are unsettling and dangerous times. cept this blatant disregard to our democracy Day service, at our uplifting communal home Children and adults are being bombed and today? We need to make voting easier, not of the Reba and Sam Sandler Campus and starved with impunity in Aleppo, Syria. Millions harder for the citizens of this country. We can- the Simon Family JCC of our beloved Hamp- of homeless refugees are again on the run. not and must not accept suppression of the ton Roads community. Let us proudly recall The Islamic State assaults civilization in Iraq vote. our heroes—past, present, and future—and and elsewhere. The Iranian government has According to a federal court, the State of their singular selfless and sacrificial devotion acted belligerently, and Russia has Wisconsin had over 300,000 registered voters to our great American nation, as well as its emboldened aggression. I am painfully re- who lacked the ID required by new photo ID undying legacy of democratic values and minded of belonging to the surviving remnant laws. In my home state of Alabama, new ideals, which remain a shining beacon of light (Sherit Ha’Pleta) of European Jewry, a time in photo IDs were required and then over 30 to the entire free world for those in particular which early childhood was spent in the Dis- DMVs were systematically closed down fol- still living in the darkness of oppression. placed Persons Camps of Austria and Ger- lowing the announcement of the new laws. On We underwent a bruising vitriolic presi- many, surrounded by barbed wire for protec- this past Election Day one week ago, there dential election uncovering deep wounds and tion, and whose father fought in the 118th Red were 868 fewer polling places in states with a conflicting divisions within the American peo- Army infantry division outside Leningrad and history of voter discrimination like Arizona, ple on critical core issues. In the American Moscow. Having been privileged to live in our North Carolina and Texas. way, we look forward to another peaceful, or- unique Hampton Roads for over 30 years, the The 2016 election may be over, but the fight derly, and gracious transition of power through most powerful hub of military in the world, for voting rights is far from finished. It is time ballots, not bullets, unlike some other coun- whose mission is defending freedom’s sacred to stop restricting access to the ballot box. It tries. We will continue to abide by the high cause, I am sharply cognizant of how power- is time to show our country that we, as rep- principles that have guided and preserved us less European Jews were during World War II resentatives of the American people, are using as the world’s leading democracy. Even as we and the Holocaust, and the difference the every tool at our disposal to prevent discrimi- pray for togetherness through the essential gift United States and the State of Israel make. natory voting practices. There is nothing more of unity, we are mindful that unity does not important in a democracy than ensuring that imply unanimity. We understand that our As we celebrate Thanksgiving, the American every citizen has an equal opportunity to let amazing diversity of people and ideas is the holiday par excellence, which is rooted in the their voice be heard through their right to vote. empowering source of our enviable strength Pilgrims’ attachment to the Hebrew Scriptures I urge my fellow Members of Congress to as a superpower, and ultimately democracy and the Israelites’ journey from bondage to support a bipartisan effort to Restore the Vote. depends on a vigorous debate, though with ci- freedom, we reflect on our nation’s humble be- The Voting Rights Advancement Act of 2015 vility, of differing and even opposing views, in- ginnings of fleeing refugees. We are duty- that I introduced reaffirms our commitment to cluding noxious ones, by all sides. bound to give thanks for our measureless voter equality and creating protected pathways After all, the dynamics of periodic change blessings, pledging to share them with the to voter access. This legislation takes an ex- are inherent in the governmental system we less fortunate in hopes that America will con- pansive view of the need to protect access to have called democracy, one that our founders tinue to be blessed. May we ever turn pain the voting booth, and will offer more voter pro- wisely chose and devised for us to follow and into promise, hatred into love, violence into vi- tection to more people in states including Ala- participate in at the birth of the audacious ex- sion, adversity into advantage, and trial into bama, Georgia, North Carolina, and Texas. I periment we call America. Humbling is the triumph with Shalom’s holy peace of healing, urge all of my colleagues seated here today to democratic proposition that constitutional hope, and harmony for all of God’s children. pass legislation that will not just protect the power may change hands without abandoning Amen.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K15NO8.023 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1476 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 PASSAGE OF H.R. 4665, THE OUT- African-American women are 3–4 times nation. I join with his mother, his family, DOOR RECREATION’S ECONOMIC more likely to die from pregnancy-related friends, and all of South Jersey in honoring CONTRIBUTIONS ACT causes, a travesty we cannot continue to allow the life of this truly selfless and exceptional to occur in 2016 in the United States. man. HON. J. FRENCH HILL In 2010, almost 50 percent of counties in f OF ARKANSAS the country did not have OB/GYNs who pro- A MINNESOTA SONGWRITER IN THE HOUSE OF REPRESENTATIVES vided direct patient care to expecting mothers, and almost all of these counties had no cer- Tuesday, November 15, 2016 tified nurse-midwives. HON. TOM EMMER Mr. HILL. Mr. Speaker, as the Natural State, Limited access to maternity care providers OF MINNESOTA Arkansas’s outdoor recreation and natural has greatly extended wait and travel times for IN THE HOUSE OF REPRESENTATIVES beauty draws millions of visitors each year, patients’ appointments, and exacerbated ca- Tuesday, November 15, 2016 contributing to our state’s economy and sup- pacities at prenatal care sites and birthing fa- porting thousands of jobs. cilities. Mr. EMMER of Minnesota. Mr. Speaker, I Yesterday, the House passed the Outdoor Maternal medical care is among the top rea- rise today in honor of Jake Berglove, an Elk Recreation’s Economic Contributions Act, sons for the hospitalization of women in the River resident and Perpich Arts High School which would result in our Nation measuring United States. senior, for his recent win in the Twin Cities the economic impact of our outdoor recreation Hospitalization can be costly, in 2010 child Songwriting Challenge put on by the National industry, providing Americans with important delivery and newborn infant care cost Amer- Endowment for the Arts. information on this vital part of the U.S. econ- ican families $111 billion. As the Twin Cities Songwriting Challenge omy. The designation of maternity care health winner, Jake, and the other winners from This bill would give our federal, state, and services professional shortage areas can help around the nation will go on to compete in local governments the ability to more fully ana- to reduce maternal care cost by allowing for New York City. There, Jake will have the lyze the benefits that outdoor recreation pro- greater access to prenatal care and giving chance to earn five thousand dollars and have vides so that we may better support our parks women safe delivery options within their local his song published by Sony. This is an amaz- and outdoor areas for the enjoyment of all communities. ing accomplishment as only four contests Americans. For these reasons, I support H.R. 1209 the were held across the nation. In Arkansas, the Department of Parks and ‘‘Improving Access to Maternity Care.’’ Jake’s hard work and love for music has Tourism also provides important funding to im- f gotten him to this point and will help him this prove the management and quality of our fall as he joins the Carlson School of Manage- state’s outdoor recreation areas through the IN HONOR OF 1ST LIEUTENANT ment class of 2020 at the University of Min- Outdoor Recreation Grants Program. SALVATORE ‘‘SAL’’ CORMA II nesota. He hopes to go into music and talent Through important policies and programs on management in the future—and I’m sure we our federal, state, and local levels, we can HON. DONALD NORCROSS will see him continue to achieve great things. continue to support the great outdoors and en- OF NEW JERSEY Congratulations Jake and good luck. courage more Americans to visit and access IN THE HOUSE OF REPRESENTATIVES f our country’s vast network of parks, forests, and trails. Tuesday, November 15, 2016 IN RECOGNITION OF SONDRA f Mr. NORCROSS. Mr. Speaker, I rise today MYERS, DIRECTOR OF THE to honor the memory of 1st Lieutenant SCHEMEL FORUM AT THE UNI- IMPROVING ACCESS TO Salvatore ‘‘Sal’’ Corma II of Deptford, New VERSITY OF SCRANTON AND MATERNITY CARE ACT Jersey, who gave his life saving his fellow SENIOR FELLOW FOR INTER- NATIONAL, CIVIC AND CUL- SPEECH OF service members during his time protecting the United States of America. TURAL PROJECTS HON. SHEILA JACKSON LEE Sal was a committed believer in helping his OF TEXAS country and his community; he joined the U.S. HON. MATT CARTWRIGHT IN THE HOUSE OF REPRESENTATIVES Army after graduating the West Point Military OF PENNSYLVANIA Monday, November 14, 2016 Academy. IN THE HOUSE OF REPRESENTATIVES In 2010 while serving in Zabul Province in Ms. JACKSON LEE. Mr. Speaker, I rise in Afghanistan, Sal was killed in action as he at- Tuesday, November 15, 2016 support of H.R. 1209, the ‘‘Improving Access tempted to safely mark the location of an Im- Mr. CARTWRIGHT. Mr. Speaker, I rise to Maternity Care Act.’’ This important measure will require the provised Explosive Device (IED). Sal knew the today to honor Sondra Myers, Director of the Health Resources and Services Administration risks inherent in marking the IED and bravely Schemel Forum at the University of Scranton to designate maternity care health professional ordered the other members of his platoon to and Senior Fellow for International, Civic and shortage areas and review these designations keep a safe distance and let him take the risk Cultural Projects. On November 13, Ms. Myers at least annually. alone. This decision unquestionably saved the was the first recipient of WVIA’s Arts & Culture A maternity care health professional short- lives of numerous of his fellow service mem- Award. As an international advocate for the age area is described as: bers but cost him his. He was 24. arts, humanities and civil rights, Mrs. Myers any area with a shortage of full scope ma- Sal is remembered by the Gloucester Coun- has had an incredible career working for presi- ternity care health services; or ty community as a helpful, generous young dents, governors, and institutions. any geographical area home to a population man. After his passing, his mother Gertrude Ms. Myers served on the U.S. Commission group experiencing a shortage of such pro- Corma and his father Salvatore S. Corma, of Fine Arts from 1980 to 1985. From 1987 to viders or facilities. who passed in 2011, found out truly how 1993, she served as Cultural Advisor to Penn- Full scope maternity care includes: (1) care much their son meant to so many others. sylvania Governor Robert P. Casey. In 1993, during labor, (2) birthing, (3) prenatal care and For his acts of valor Sal was awarded the Ms. Myers worked for the Chairman at the Na- (4) postpartum care. Purple Heart Medal, is featured on the tional Endowment for the Humanities for part- H.R. 1209 will address the concern of short- Gloucester County Wall of Heroes, and is bur- nerships and collaboration. From 1996 to ages in provision of care, and improve access ied in the West Point Cemetery. In this year, 2000, Myers served as senior advisor to the to maternal medical care for women in need. following the accent of Congress and the sig- president of Connecticut College. She directed Access to better maternal care will ensure a nature of President Obama, Sal’s hometown the President’s Millennium Seminars: The Uni- safer delivery for both mother and child, safe- U.S. Post Office in Deptford was renamed the versity for a New Democratic Era, a project of guarding the bedrock of the American family. ‘‘First Lieutenant Salvatore S. Corma II Post The George Washington University. She was Approximately 34,000 women die each year Office Building.’’ I believe that this is a fitting the Rapoport Democracy Fellow at the Walt in the United States from pregnancy-related memorial for such a courageous and beloved Whitman Center for the Culture and Politics of complications—one every fifteen minutes. young man. Democracy at Rutgers University. She pre- The risk is two times greater for women liv- Mr. Speaker, Sal Corma gave his life putting viously held the position of senior associate ing in high-poverty areas, than for women liv- others before himself: he served his country for the Democracy Collaborative at the Univer- ing in low-poverty areas. with honor and encourages pride in a grateful sity of Maryland.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.026 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1477 Since 1996, Ms. Myers has presented pro- dows to see what was going on in the serv- Armstrong has devoted his life to ensure the grams on democracy in Prague, Cracow, Bu- ices. improvement and success of the city in a way dapest, Buenos Aires, Johannesburg, Kigali, On January 25, 1977 Pastor Willie E. Pearls that the city could never repay him. and Nairobi and in cities throughout the U.S. was ushered in as the second leader of Zion In addition to his service on the City Coun- In addition she has organized and moderated First Church of God in Christ. Pastor Pearls cil, Mr. Armstrong sat on numerous boards symposia on culture and public policy for aca- had moved to California. and commissions in the Valley and state. demic institutions and cultural organizations in- In 1978, Zion First upgraded its building to These include the Fresno County Water Advi- cluding Lehigh University, the Anderson make room for its growing membership. Pas- sory Board, the Fresno County Transportation Ranch Arts Center, the New School for Social tor Pearls moved to California in 1952 and Authority, the Association of Metropolitan Research, and the Education Department of joined Zion First, serving for many years as a Water Agencies, the League of California Cit- the John F. Kennedy Center for the Per- youth leader, Deacon, and a special helper to ies as the South San Joaquin Valley Division forming Arts. She is a co-executive producer Overseer Harrison before accepting the role Director, the City Undergrounding Committee, of The Courage to Care, a documentary film as senior pastor. the Fresno Visitors and Convention Bureau about rescuers of Jews during the Holocaust, Pastor Pearls carried on the original vision representative, and the president of the nominated for an Academy Award in 1986. of the church, helping the community, by giv- League of California Cities from 1982–1983. Ms. Myers has consulted with Radio Free ing away food, clothing the homeless, and Mr. Armstrong has also been a member of the Europe; Connecticut College; the municipality serving hot breakfast every Sunday to the Clovis Rodeo Association, the D.A.R.E. Board, of Scottsdale, AZ; the Association of Texas community. United Way, and a former Boy Scouts and Ex- Colleges and Universities; the Smithsonian In- In 2003, after 33 years of service, Pastor plorer Post leader. stitution’s National Museum of American His- Pearls stepped down and the church elected Mr. Armstrong has been recognized for his tory; Anderson Ranch Arts Center in Aspen, Pastor Rickie L. Williams. Under his leader- many contributions to the cities of Fresno and CO; and the Dexter Avenue King Memorial ship, the church has continued to faithfully Clovis. Some of these awards were the Baptist Church in Montgomery, AL. serve the West Oakland community through League of California Cities’ Award for Service Ms. Myers has a stellar record of community various outreach programs. Although the and Contributions to the Board of Directors, involvement. Myers is past chair of the Penn- church was ravaged by fire in September the 2015 Fresno Council of Governments Re- sylvania Humanities Council, past President of 2013, the congregation bounded together and gional Forum: Lifetime Achievement Award for the Federation of State Humanities Councils, rebuilt the church on the same property to Excellence, Leadership & Commitment, and and founding President of Citizens for the Arts continue its ministry in the West Oakland com- the Rose Ann Vuich Ethical Leadership in Pennsylvania and the State Arts Advocacy munity. Award; as well as being inducted into the Clo- League of America. She is former chair of On behalf of the residents of California’s vis Hall of Fame in 2010, and being named ArtTable, Inc., Washington Chapter, a former 13th Congressional District, I extend my sin- the Grand Marshal of the Clovis Rodeo Asso- member of the Public Education Committee of cerest congratulations to Zion First Church of ciation in 2015. Mr. Speaker, it is with great respect that I the American Bar Association, and served on God in Christ on the celebration of its 100th ask my colleagues in the U.S. House of Rep- the Board of Directors of the Centre for Cre- year of worship. I wish Zion First Church of resentatives to join me in recognizing Harry God in Christ many more years of authentic ative Communities in the United Kingdom. She Armstrong’s service as a Clovis City Council and compassionate service. has been a member and vice chair of the Member. His lifelong devotion to the commu- Board of Trustees at the University of Scran- f nity is evident in his work as a public servant. ton and a trustee of the University of the Arts in Philadelphia. HONORING THE WORK OF HARRY f It is an honor to recognize Sondra Myers for ARMSTRONG ON THE CLOVIS PERSONAL EXPLANATION her lifetime of service. I am grateful for all she CITY COUNCIL has done to enrich our culture, advance edu- HON. KAY GRANGER cation, and promote civil rights. I extend my HON. JIM COSTA OF TEXAS sincerest congratulations to her for receiving OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES WVIA’s Arts and Culture Award. IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2016 f Tuesday, November 15, 2016 Ms. GRANGER. Mr. Speaker, on Roll Call HONORING ZION FIRST CHURCH OF Mr. COSTA. Mr. Speaker, I rise today to 575, I would like to be recorded as voting Yea. GOD IN CHRIST recognize Mr. Harry Armstrong for his 46 On Roll Call 576, I would like to be recorded years of service as a member on the Clovis as voting Yea. HON. BARBARA LEE City Council. Mr. Armstrong’s tireless work on f behalf of the city of Clovis has left a lasting OF CALIFORNIA ANTI-SPOOFING ACT OF 2016 IN THE HOUSE OF REPRESENTATIVES mark on the community. Mr. Armstrong was born and raised in SPEECH OF Tuesday, November 15, 2016 Merced, California. After graduating from Ms. LEE. Mr. Speaker, I rise today to honor Merced Union High School, he joined the HON. SHEILA JACKSON LEE Zion First Church of God in Christ located in United States Military and served in the Ko- OF TEXAS Oakland, California upon its 100th anniversary rean War. He is the proud father of three chil- IN THE HOUSE OF REPRESENTATIVES as a strong religious pillar in the East Bay dren, Tom, Jim, and Megan. Monday, November 14, 2016 Community. Upon completing his military service, Mr. Ms. JACKSON LEE. Mr. Speaker, I rise in After moving to California from Louisiana, Armstrong worked as the Transportation Man- support of H.R. 2669, the ‘‘Anti-Spoofing Act Zion First Church of God in Christ was found- ager for Foster Farms Dairy until he was ap- of 2016,’’ which amends the Communications ed in 1916 by Samuel Harrison and was the pointed to the Clovis Planning Commission in Act of 1934, to make it unlawful to cause a first Church of God in Christ in Northern Cali- 1966. After serving on the Commission, he de- caller identification service to knowingly trans- fornia. It was created with the vision to expand cided to run for the Clovis City Council in 1970 mit inaccurate caller identification information the ministry and establish a legacy of spiritu- and went on to win that election, along with with the intent to: defraud, cause harm, or ality through faith. the next 12 City Council elections. This makes wrongfully obtain anything of value. Under the leadership of Pastor Harrison, the him the longest tenured elected official in Cali- Spoofing is a practice in which a phone church thrived and soon needed a building to fornia state history. During his time on City number shown on a phone or caller identifica- accommodate its growing membership. In Council, Mr. Armstrong served as the Mayor tion device deliberately is falsified. 1921, the church purchased its first building in of Clovis five times. Spoofing is a commonly used tool for a West Oakland and became a strong faith cen- Mr. Armstrong has been credited with many number of illegal practices, including ter for the West Oakland community. During projects that have taken place in the City of ‘‘phishing’’ for personal information and ‘‘swat- the 1940’s, as African Americans migrated to Clovis. He was involved with the city’s Re- ting’’—calling in a fictitious crime in progress the West for industrial jobs, many families set- search and Technology Park, Clovis Commu- in order to generate a police response. tled in West Oakland. Worship services imme- nity Medical Center, Old Town Clovis, Clovis The Truth in Caller ID Act of 2009 prohibits diately grew and were so inspirational it was Police and Fire Department’s headquarters, spoofing of voice caller identification informa- said that people would hang out of their win- the city’s civic center, and Highway 168. Mr. tion; however, as communications methods

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.029 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1478 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 and consumer habits continue to evolve, so do the wellbeing of citizens within their commu- During World War II, former President Ar- the attempts by third parties to gain personal nity, across the state of Pennsylvania, and thur C. McGiffert and his colleague John C. information for criminal use. around the globe. Sanofi Pasteur’s work to Bennett voiced concerns of community mem- The Subcommittee on Communications and create vaccines that protect lives against pre- bers against Japanese internment camps, in- Technology considered H.R. 2669 during a ventable diseases embodies the true spirit of cluding the imprisonment of several seminar- markup on September 13, 2016, passing the this award, and I commend their continued ef- ians. After the war, President McGiffert went legislation by voice vote and the Sub- forts to be a worldwide leader in human on to remedy war-torn communities in both committee agreed to continue working on health. Europe and Asia through the establishment of technical changes before it was brought be- Sanofi Pasteur, the vaccine division of the Post-War Rehabilitation School at PSR fore the full Committee. Sanofi, a global healthcare leader focused on which trained students to minister these com- The Committee expects to consider an patients’ needs, is the largest company in the munities. AINS aimed at making those technical world that is entirely dedicated to the produc- Similarly, the school provided necessary changes to the definition of a text message. tion and distribution of vaccines. Providing leadership for other intuitions with similar Many Americans now rely on text mes- more than 1 billion doses of vaccines each goals to promote education and dialog in saging to stay connected. year, Sanofi Pasteur is able to help protect underrepresented communities. The school According to CTIA, in 2015, Americans sent against 21 infectious diseases and immunize later formed the Graduate Theological Union, over 156 billion text messages per month. more than 500 million people around the a daring experiment in ecumenical cooperation H.R. 2669, the Anti-Spoofing Act, will extend globe. between Protestant and Catholic institutions. the provisions of the Truth in Caller ID Act to Many of my constituents work at Sanofi This development aimed to bridge Protestant include text messaging and text messaging Pasteur’s U.S. headquarters in Swiftwater, PA, and Catholic Studies and bring forth new fields services. and each and every day they are the ones of study in religion, such as LGBTQ and Gen- The legislation adds a definition of ‘‘spoofing that strive to create a world where no one suf- der Studies. service’’ to the statute, addressing the growth fers or dies from vaccine-preventable dis- Over the years, the Pacific School of Reli- of services that allows a user to knowingly eases. Sanofi Pasteur’s impact in North- gion has gathered some of our nation’s lead- transmit misleading or inaccurate caller identi- eastern Pennsylvania goes beyond simply em- ing voices of social change and theological fication information. ploying 2,500 of the region’s most dedicated writers, including Georgia Harkness who later In addition, it extends the prohibitions to any workers, they also have a strong focus on became the first tenured woman professor at person or service placing an international call community engagement. Whether investing the school in the 1950’s. Today, graduates are to a recipient within the United States. more than $1 billion in the region or partnering well recognized in their respective fields and Additionally, H.R. 2669 will revise the defini- with VaxServe in the greater Scranton area to are a leading force in promoting social justice tions of ‘‘caller identification information’’ and donate more than $870,000 to local nonprofits, and compassion based-practices around the ‘‘caller identification service’’ to include text the company has consistently exemplified the world. Their leadership and commitment to messages sent using a text messaging serv- positive impact that a private entity can have theology and religious studies have been crit- ice. on a region’s economy and citizens. ical starting points to cultivating positive It defines ‘‘text message’’ as real-time mes- Mr. Speaker, as The Commonwealth Med- change throughout our nation. sages consisting of text, images, sounds, or ical College’s 2016 Scholarship Gala On behalf of California’s 13th Congressional other information transmitted from or received Wellbeing Honoree, Sanofi Pasteur continues District, I extend my sincerest congratulations by a device identified by a telephone number. to promote the welfare of individuals in my dis- to the Pacific School of Religion on this impor- It also includes in the definition both, real- trict, across our state, and around the globe. tant milestone. Thank you to everyone who time and two-way voice or video communica- I commend Sanofi Pasteur for their efforts to has contributed to its success over the years. tions, addressing the emerging law enforce- combat preventable diseases through acces- I wish the faculty, students, and administration ment issue of ‘‘swatting’’ by which people can sible vaccinations, and am grateful that a com- continued success in the years to come. purposefully misdirect valuable, police efforts pany exists in Northeastern Pennsylvania that f and resources. is truly committed to its employees and com- This bill takes the right approach targeting munity. HONORING JUSTIN SCHROEPFER, RHINELANDER, WISCONSIN behavior, while protecting innovations that are f important to the digital economy. As the ranking member of the Judiciary HONORING THE 150TH ANNIVER- HON. SEAN P. DUFFY Subcommittee on Crime, I understand the vital SARY OF THE PACIFIC SCHOOL OF WISCONSIN OF RELIGION need to safeguard against caller identification IN THE HOUSE OF REPRESENTATIVES spoofing. Tuesday, November 15, 2016 For example, Women’s Abuse Shelters and HON. BARBARA LEE law enforcement officers working undercover OF CALIFORNIA Mr. DUFFY. Mr. Speaker, it is my honor to have a need to protect their clients’ identities. IN THE HOUSE OF REPRESENTATIVES recognize Mr. Justin Schroepfer of Rhinelander, Wisconsin. His life was tragically This bill seeks to target those who have the Tuesday, November 15, 2016 intent to cause harm or commit a crime. cut short, but he will always be remembered I support this legislation because it protects Ms. LEE. Mr. Speaker, I rise today to honor as a courageous, Good Samaritan who put the consumer from criminal behavior, while the 150th anniversary of the Pacific School of the well-being of two people he did not know protecting our fundamental right to privacy. Religion. Founded in 1866, the Pacific School ahead of himself. f of Religion, formerly known as the Pacific On June 11, 2016, Justin spotted two Theological Seminary, was established to women struggling against Lake Superior’s RECOGNIZING SANOFI PASTEUR serve as ‘‘an institution of the people’’ and ‘‘a strong current. He swam through the frigid AS THE COMMONWEALTH MED- child of the churches’’ by preparing spiritually water in an attempt to save their lives. One ICAL COLLEGE’S 2016 SCHOLAR- rooted leaders for faith-based through rigorous woman made it back to shore, but tragically, SHIP GALA WELLBEING HON- scholarship, practical training, and immersive both Justin and the other woman succumbed OREE footwork. Firmly cemented in the history of so- to the unpredictable waters. cial justice in the United States, the school A graduate of Antigo High School, Mr. HON. LOU BARLETTA served as a building block for ongoing service Schroepfer was recruited to play baseball at OF PENNSYLVANIA including pastoral ministry, non-profit and civic the University of Wisconsin at Stevens Point. IN THE HOUSE OF REPRESENTATIVES leadership, and public policy. He transferred to Northern Michigan University In 1901, the school moved to its first Berke- in Marquette after two years and earned a Tuesday, November 15, 2016 ley location near the University of California, bachelor’s degree in accounting. With his de- Mr. BARLETTA. Mr. Speaker, it is my privi- Berkeley campus. By 1916, because of the gree, Mr. Schroepfer pursued a career at lege to recognize Sanofi Pasteur as The Com- school’s new nondenominational status and Wipfli CPAs and Consultants in Rhinelander, monwealth Medical College’s 2016 Scholar- the faculty’s growing interest in the importance Wisconsin. ship Gala Wellbeing Honoree. Each year The of the world’s religions to the Christian faith, Along with his talents on the baseball field, Commonwealth Medical College honors an the name was changed to its current name: Mr. Schroepfer was also an avid outdoorsman. outstanding individual or group for advancing Pacific School of Religion. He enjoyed fly-fishing, downhill skiing, and

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.033 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1479 hunting. Mr. Schroepfer was dedicated to his scape of Fresno, made even more special by Mr. Wieder retired formally from the Christian faith and family, and was planning the fact that it was once on the verge of dem- Geisinger Health System after serving as Sen- his wedding with the love of his life, Suzy olition and saved by a strong effort of the local ior Vice President and later as Senior Vice Solin, at his untimely passing. community. President Emeritus and Senior Consultant. Mr. Speaker, please join me today to recog- The Old Administration Building was origi- During that time, he also served in a variety of nize Mr. Schroepfer for his courageous action nally built in 1916 as the first permanent struc- additional positions such as Vice President for and ultimate sacrifice; we pray that in knowing ture of the Fresno State Normal School Cam- Development and Vice President for Develop- of his heroic effort, his family may find comfort pus. The building is known for its rich brick ment and Government Relations. Prior to join- and peace. surface and open air courtyards. Its beautiful ing Geisinger in 1985, he served as Vice f decorative features include handmade hard- President for Development and Finance at burned bricks, classic ornamentation at the Susquehanna University in Selinsgrove and IN HONOR OF THE 125TH ANNIVER- entrances and geometric details in the brick held positions in finance, fundraising, and pub- SARY OF THE INTERNATIONAL on the east and west walls of the auditorium. lic relations at Washington & Jefferson College BROTHERHOOD OF ELECTRICAL In 1921, the school developed into Fresno and Bucknell University. WORKERS State Teacher’s College and eventually Fres- Currently, Mr. Wieder serves as Founder no City College in 1956 when Fresno State and Chair of the Susquehanna River Heart- HON. DONALD NORCROSS moved to a new campus several miles north. land Coalition for Environmental Studies, a OF NEW JERSEY In 1974, the Old Administration Building was group of six regional colleges and universities listed in the National Register of Historic IN THE HOUSE OF REPRESENTATIVES and environmental groups engaged in the places. Unfortunately, the beautiful building Susquehanna River Watershed. He also Tuesday, November 15, 2016 stood vacant for more than 30 years due to serves on the board of the Foundation for Mr. NORCROSS. Mr. Speaker, I rise today safety concerns and was boarded up and Pennsylvania Watersheds and The 1994 to honor the International Brotherhood of Elec- fenced off. After questions were raised on the Charles B. Degenstein Foundation. trical Workers on its 125th Anniversary. I ap- possible future of the building, the local com- It is an honor to recognize Mr. Wieder for all preciate the IBEW for the career they gave me munity and former students appealed for an of his accomplishments as he receives the and for their work supporting working men and effort to restore the prior prestige of the build- Founder’s Award. I appreciate all he has done women all across our nation. ing. Today we are proud to say that we suc- in service to public broadcasting. ceeded in our mission and are gathered to The IBEW is as old as the commercial use f of electricity itself. It is the oldest, as well as celebrate its 100th year. the largest, electrical union in the world and its Because of our community’s strong desire in HONORING MICHELE CRAIG OF history dates back to the 1890s. the restoration of the Old Administration Build- HUNTINGTON, WEST VIRGINIA With Edison’s invention of the first commer- ing, the project was very close to my heart. cially successful incandescent lamp in 1879 During my years in the California State Legis- HON. EVAN H. JENKINS there was a great need for linemen to estab- lature I worked to raise awareness about this OF WEST VIRGINIA lish and maintain the cables that would soon historic building and helped raise funds to re- IN THE HOUSE OF REPRESENTATIVES store its beauty. Fortunately, the funding for crisscross and power the nation. Tuesday, November 15, 2016 At first only a few intrepid electricians han- the restoration was made possible with the Mr. JENKINS of West Virginia. Mr. Speaker, dled electricity, but soon many came forward, passage of Measure E in 2002. In 2007, the I rise today to recognize Michele Prestera seeking a life’s work. The men and women of first phase of the reconstruction began, and Craig and her 30 years of service to West Vir- IBEW have been working on electrical and the building underwent structural, mechanical ginia, Ohio and Kentucky as the executive di- telecommunication wires ever since. and electrical improvements. rector of the KYOVA Interstate Planning Com- While the IBEW grew alongside other It is my great pleasure to congratulate the mission and Region 2 Planning and Develop- unions protecting the rights of workers seeking administration, staff, former and current stu- ment Council. a living wage, the IBEW also needed to pro- dents on the anniversary of the 100th year of In 1986, Michele became the first woman to tect workers from the dangers of the job. this historic building. I am pleased to see the assume the command of KYOVA and Region Today, under the leadership of President community come together to save the Old Ad- 2 and has since built lasting relationships with Lonnie Stephenson, the IBEW represents hun- ministration Building from demolition and local governments to promote the needs of dreds of thousands of workers in a variety of bringing it back to fully functional use at Fres- rural and urban communities alike. Under her areas of expertise all over the world. no City College. On this day, I also want to leadership, the West Virginia-Ohio-Kentucky I am eternally grateful to the IBEW for giving commemorate the service of all the staff and region has been recognized as a transpor- me a career that has supported me and my faculty members who work hard to bring tation management area, allowing it to serve family for decades. I became an apprentice change in the society through education. I as an economic development district through with the IBEW as a young man and have send my best wishes for many more years to the U.S. Department of Commerce’s Eco- worked for the men and women of the IBEW come. f nomic Development Administration. all my life, before coming to Congress. A staunch supporter and advocate for her Mr. Speaker, for me the International Broth- IN RECOGNITION OF H.W. ‘‘SKIP’’ home of Huntington, her vision and experience erhood of Electrical Workers represents the WIEDER, PAST WVIA BOARD have paved the way for a plethora of success- greatest aspirations of labor unions and I am CHAIRMAN, FORMER WVIA CAP- ful transportation and development projects for proud as the only member of their organiza- ITAL CAMPAIGN CO-CHAIR the tristate area. tion to serve in Congress, to join with the I wish her well in the coming years as she IBEW in celebrating their 125th Anniversary. HON. MATT CARTWRIGHT is able to spend more time with her husband, f OF PENNSYLVANIA Tom, and their children, Tommy, Taylor, Ellie IN CELEBRATION OF THE 100TH IN THE HOUSE OF REPRESENTATIVES and Michaele, and their beloved grand- ANNIVERSARY OF THE OLD AD- Tuesday, November 15, 2016 daughters, Ramsey and Charlotte. I offer her MINISTRATION BUILDING AT my appreciation and gratitude for her commit- Mr. CARTWRIGHT. Mr. Speaker, I rise ment to her neighbors and our state. FRESNO CITY COLLEGE today to honor H.W. ‘‘Skip’’ Wieder, who will receive the Founder’s Award from WVIA as f HON. JIM COSTA they celebrate the 50th Anniversary of Public MINNESOTA: A STATE OF OF CALIFORNIA Service Media. Mr. Wieder has served WVIA INNOVATORS IN THE HOUSE OF REPRESENTATIVES as Chairman of the Board and Capital Cam- paign Co-Chair. Tuesday, November 15, 2016 HON. TOM EMMER Mr. Wieder is a former resident of Plainfield, OF MINNESOTA Mr. COSTA. Mr. Speaker, I rise today to New Jersey. In 1958, Mr. Wieder received an IN THE HOUSE OF REPRESENTATIVES recognize Fresno City College on the occasion undergraduate degree and Master of Business of the 100th year celebration ceremony for the Administration from Bucknell University. After Tuesday, November 15, 2016 restored Old Administration Building. The Old college, he served as a Captain in the Army Mr. EMMER of Minnesota. Mr. Speaker, I Administration Building is an icon in the land- Reserve at Fort Bliss, Texas. rise today to congratulate the more than 40

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.036 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1480 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 Minnesota Tech firms that made the 2016 Inc. Along with serving in the El Protector Pro- shake with Prime Minister Yitzhak Rabin at the 5,000 list. gram, Officer James takes part in many other White House in 1993. The Inc. 5,000 list ranks the top 5,000 fast- community organizations as well. She serves Here at home he thrust himself into every est-growing American private companies each as the Vice-Chair for Centro La Familia Advo- political storm he could find as an avid sup- year. This year, an impressive total of 93 Min- cacy Services and is a member of the Fresno porter of progressive change. As President of nesota headquartered companies earned Chapter of the Latino Peace Officers Associa- the Los Angeles Board of Police Commis- places on this list. Within those 93 companies, tion, Cesar Chavez Concilio, and El Concilio sioners after the beating of Rodney King, Mr. a total of 41 Minnesota tech specific compa- de Fresno Inc. She has devoted her career to Sheinbaum was instrumental in the ousting of nies were recognized. enhancing the relationship between the His- Chief Daryl Gates and promoted reforms of Leadpages, the highest ranking Minnesota panic community and the police force, as well the LA Police Department. tech company, ranks Number 148 with $16.2 as encouraging positive traffic safety behavior. On a personal note Stanley was larger than million in revenue in 2015. Next, Fitness On Mr. Speaker, it is with great respect that I life. His clarity of purpose, his vision, his work Demand is ranked at 559, and Tamarack Con- ask my colleagues in the U.S. House of Rep- for a peaceful world, his brilliance and bold- sulting at 600. The technology industry is con- resentatives to join me in recognizing Officer ness provided many of us the encouragement stantly developing and improving—and if our Graciela Santillan James for receiving the Her- to continue to fight the good fight, to never state hopes to remain competitive—we must oine of the Month award. Officer James’s role give up and to ‘‘keep hope alive’’. continue to make technology a priority. in community policing through the Central Divi- I and my colleagues benefitted from his self- With these rising tech companies, we have sion El Protector Community Outreach Pro- less support and faith in us that we would be shown that as a state, Minnesota can not only gram demonstrates her devotion to the valley, true to our principals and fight for a progres- compete in the tech industry—but that we can and is the embodiment of what this award sive agenda. Most importantly, Stanley was a excel. Thank you to all the technology compa- stands for. friend and a mentor who loved and embraced nies that have worked hard to get on the 2016 f us as kindred spirits. For this we are deeply Inc. 5,000 list and congratulations. grateful. f HONORING MR. STANLEY K. Today, California’s 13th Congressional Dis- SHEINBAUM HONORING OFFICER GRACIELA trict is accompanied by California’s 37th and SANTILLAN JAMES AS HEROINE California’s 47th in saluting the invaluable OF THE MONTH HON. BARBARA LEE service of Stanley Sheinbaum. We honor his OF CALIFORNIA memory with a continued dedication to the HON. JIM COSTA IN THE HOUSE OF REPRESENTATIVES progressive agenda. We join our nation and his loved ones in celebrating his incredible life OF CALIFORNIA Tuesday, November 15, 2016 IN THE HOUSE OF REPRESENTATIVES with a promise to honor his legacy. Ms. LEE. Mr. Speaker, I rise today to honor f Tuesday, November 15, 2016 the extraordinary life of Mr. Stanley K. Mr. COSTA. Mr. Speaker, I rise today to Sheinbaum. With his passing on September OUTDOOR RECREATION JOBS AND recognize Officer Graciela Santillan James as 12, 2016, I look to recognize his extraordinary ECONOMIC IMPACT ACT OF 2016 California 16th District’s Heroine of the Month, life and the invaluable influence it has had on SPEECH OF in appreciation of her dedication to making our our nation. community a safer place for all. Stanley was born in the Bronx on June 12, HON. SHEILA JACKSON LEE Each month, I recognize a Hero or Heroine 1920, to Herman Sheinbaum, an immigrant OF TEXAS from Lithuania, and Selma Klimberg. His fa- of the Month from my district. The deserving IN THE HOUSE OF REPRESENTATIVES individual is someone in the community who ther was a manufacturer of women’s belts and goes the extra mile to make a positive dif- shoes, and the young Stanley initially strug- Monday, November 14, 2016 ference in the San Joaquin Valley. I believe it gled with his education. Ms. JACKSON LEE. Mr. Speaker, I rise in is fitting to recognize Officer Graciela Santillan He served as a map-maker in the Army dur- support of H.R. 4665, the ‘‘Outdoor Recre- James as October’s Heroine of the Month being World War II, and later attended Oklahoma ation’s Economic Contributions (REC) Act of cause of her efforts to build important relation- A&M, now known as Oklahoma State Univer- 2016.’’ ships between law enforcement and the Latino sity. Stanley ultimately transferred to Stanford H.R. 4665 will direct the Bureau of Eco- community. Community policing is essential University, where he studied economics and nomic Analysis of the Department of Com- for public safety, and Officer Santillan James graduated summa cum laude. merce to collect, analyze and report informa- has been instrumental in communicating with During the late 1950s Mr. Sheinbaum taught tion relating to the outdoor recreation economy our Latino community. economics at Michigan State University and of the United States and its economic impact Officer Santillan James graduated from Dos became involved in providing technical support on the nation’s overall economy. Palos High School in 1992 and acquired her for South Vietnam through the Michigan State Outdoor recreation generates $646 billion Bachelors of Arts Degree from Saint Mary’s University Group (MSUG). Stanley would later each year in consumer spending and creates College of California in 1996. After college, Of- learn that the MSUG was a front for covert 6.1 million American jobs. ficer James attended the California Highway CIA operations in Vietnam, and left the pro- Outdoor recreation has a significant impact Patrol Academy and graduated in September gram before later working with journalist Rob- on the economy, generating three times as 2003. She was originally assigned to the San ert Scheer on an expose about it that was many jobs as the oil and gas industries. Jose CHP Area Office and was later trans- published in 1966. This experience led to The state of Texas offers many amazing ferred to the Fresno CHP Area Office. In April Stanley becoming outspoken in his criticism of outdoor recreation services at treasured at- of 2009, Officer James was selected for the the Vietnam War, and government corruption tractions such as Big Bend National Park and Central Division Traffic Management Center. here at home. Garner State Park. She began her service in community polic- Stanley later worked for the Center for the Studies show that at least 51 percent of ing after being selected for the Central Divi- Study of Democratic Institutions in Santa Bar- Texans participate in outdoor recreation each sion El Protector Community Outreach Pro- bara, California and ran for Congress twice as year. gram in May of 2012. El Protector is a traffic a peace candidate. Although both runs were This activity generates approximately $28.7 safety outreach program that is directed to- unsuccessful he continued to work for the end billion in consumer spending. ward the Hispanic community, focusing on the war, and stepped in to raise money for In addition, the outdoor recreation industry education through open discourse with the Daniel Ellsberg’s legal defense after the expo- in Texas, generates $1.9 billion in state and community. CHP officers with Hispanic ances- sure of the Pentagon Papers. local tax revenue each year, and provides try deliver traffic safety education presen- One of his most famous political missions 277,000 direct jobs resulting in approximately tations, organize community events and serve was leading a delegation of American Jewish $8.9 billion in wages and salaries. as role models. Officer James is the Spanish leaders in 1988 to persuade Yasser Arafat to The passage of this bill will generate objec- speaking spokesperson for the El Protector renounce terrorism and recognize Israel. tive, federal data and statistics that policy- Program and during her time there she has Some vilified him for his contact with the Pal- makers, at either the local, state or federal participated in numerous interviews with both estinian Liberation Organization and its Presi- level, can use to make informed and respon- television and radio outlets, including dent. Others believe it may have paved the sible decisions regarding the outdoor recre- Telemundo and Univision. way for the Oslo Accords and Arafat’s hand- ation industry.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.041 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1481 Protecting and securing public lands and Gay & Lesbian Chamber of Commerce. Their School for Music. When Eddie was only five space for outdoor recreation is crucial for the goal was to have 30 Members by the first or- years old, he started entering and winning tal- future success of the American economy and ganizational meeting in March 1996. ent competitions with Charlie. At an early age, the environment. By the time that meeting was called to he began to play the piano and at 13, he Outdoor recreational activities contribute sig- order, the Chamber had grown to include joined his uncle’s orchestra, playing timbales. nificantly to the physical, mental, and spiritual more than 80 businesses. Eddie felt inspired to practice and perform health and wellness of individuals. Today the Chamber serves a roster of over publicly when he began watching his brother, Federal lands contribute significantly to the 300 Members, a number that increases almost Charlie, who was nine years older, play with preservation of nature-based outdoor rec- daily. These members are lesbian, gay, bisex- talented musicians. He also started hearing reational opportunities. ual, and transgender (LGBT) business owners, the music Charlie played at home, where he Federal recreation resources generate vast as well as gay-supportive businesses. To- was exposed to and influenced by the music amounts of economic enterprise from tourist gether they employ over 2,000 people in the of jazz greats such as Thelonius Monk, Bud activity, recreation visitors, and the increased Chicago area, with gross revenues that ex- Powell, Bill Evans and McCoy Tyner. property value and business attraction gained ceed $200 million. Its mission is to promote Eddie’s professional career as a pianist from natural amenities. economic opportunities for the LGBT commu- began when he joined various bands in the The preservation and growth of the Outdoor nity in the state of Illinois by being an advo- early 1950s including Eddie Forrester, Johnny Recreation Industry depends on the informed cate and resource for all member businesses Segui’s, and the popular Tito Rodriguez Or- decision of lawmakers, and the Outdoor REC that encourage equality. chestra. In 1961, Eddie formed his own band, Act of 2016 will be pivotal in providing this The LGBT Chamber is very proud of the La Perfecta, which featured an unconventional vital information. progress it has made as an organization over front line of trombones rather than the trum- For these reasons I support H.R. 4665 the the past 20 years, and this past year in par- pets, customary in Latin orchestras. This inno- ‘‘Outdoor Recreation’s Economic Contribution ticular. Its partnership with SCORE, launched vative sound that mixed American jazz into Act of 2016.’’ in February 2016, is the first of its kind in the Afro-Caribbean rhythms, surprised critics and f nation, which gives their members access to fans alike. Even though Eddie disbanded La the collective wisdom and guidance of many Perfecta in 1968 to pursue different musical IN HONOR OF MARTIN ELLIS business leaders. SCORE is the premier endeavors, he would return to the band’s source of free, confidential business education music in the 2000s. HON. DONALD NORCROSS and mentoring. Its ongoing collaboration with In the 1970s, Eddie perfected his arranging OF NEW JERSEY the Small Business Administration helps bring skills and released several impressive record- IN THE HOUSE OF REPRESENTATIVES the resources of the SBA to the Chambers ings that reflected his inventive musical tech- members. These partnerships, along with their nique. His unconventional style would once Tuesday, November 15, 2016 vital and popular networking opportunities, again surprise critics and fans with the 1970 Mr. NORCROSS. Mr. Speaker, I rise today LGBT Business Enterprise Certification, and release entitled ‘‘Harlem River Drive.’’ This re- to honor United States Navy Veteran Martin other educational programs, serve to strength- cording was the first to merge what was cat- Ellis for his achievements, contributions, and en its member businesses. egorized as ‘‘Black’’ and ‘‘Latin’’ music into a service in the United States Navy onboard the Along with the 20th Anniversary Gala, the free-form sound that encompassed elements USS Green. LGBT Chamber has major initiatives in of salsa, funk, soul and jazz. In 1975, Eddie Martin Ellis resides in Cherry Hill, New Jer- progress that are designed to help LGBT busi- won the first-ever Grammy for Best Latin Re- sey where he remains committed to his com- nesses flourish. In this anniversary year, the cording for ‘‘The Sun of Latin Music.’’ munity. His selfless and brave actions in biggest initiative is to create the LGBT Busi- As a result of Eddie’s penchant for pro- World War II are reason enough to honor him, ness Foundation of Illinois, a foundation that ducing music in the funk Latin style, Little yet Mr. Ellis has demonstrated a lifetime of focuses on advocacy, promotion and edu- Louie Vega invited him to record on Nuyorican love for his nation. He is very passionate cation for small business owners and their em- Soul (1997), a release that became very pop- about The United States and his patriotic duty ployees to grow and prosper. ular in the house and underground music to this country. He takes his past service in Mr. Speaker, I ask my colleagues to join me scenes. In 2000, the successful musician an- the Navy very seriously, along with being a in celebrating the 20th anniversary of the nounced that he was leaving the world of serious Phillies fan. LGBT Chamber of Commerce of Illinois. I am music. But before his retirement, he released Those who decide to serve in our nation’s honored to have such an exceptional organi- ‘‘Masterpiece’’ (2000) with Tito Puente. The Armed Forces are amongst the most heroic in zation in my district. album won two Grammys and Palmieri earned our nation and serve as an example as lead- f the ‘‘Outstanding Producer of the Year’’ award ers, in not only securing our safety but putting from the National Foundation of Popular Cul- their life on the line for our freedom. IN CELEBRATION OF NATIONAL ture. Eddie was awarded the Chubb Fellow- Mister Speaker, Martin Ellis, is a great HISPANIC HERITAGE MONTH AND ship by Yale University in 2002 for developing American whose dedication to serving our IN RECOGNITION OF LATIN JAZZ communities through music. That award is country in the United States Navy is an inspi- MUSICIAN AND COMPOSER EDDIE usually reserved for international heads of ration to his community. I join with his family, PALMIERI state. friends, and all of New Jersey in honoring the In 2005, Eddie also reached another land- selfless service of this extraordinary man. HON. CHARLES B. RANGEL mark achievement when he became the first f OF NEW YORK Latino host of a radio show on National Public IN THE HOUSE OF REPRESENTATIVES Radio. The radio show ‘‘Caliente’’ which ex- CONGRATULATIONS ON 20TH ANNI- plores the intimate connections between VERSARY OF LGBT CHAMBER OF Tuesday, November 15, 2016 American and Latin jazz was broadcasted by COMMERCE OF ILLINOIS Mr. RANGELL. Mr. Speaker, today I rise in more than 160 radio stations nation-wide. honor of National Hispanic Heritage Month to Throughout Eddie’s outstanding musical ca- HON. MIKE QUIGLEY join the community of El Barrio, The Village of reer, he has been lauded with many acco- OF ILLINOIS Harlem, the City and State of New York, and lades including numerous Grammy Awards, a IN THE HOUSE OF REPRESENTATIVES the Nation in commemorating an outstanding Eubie Blake Award in 1991, and a Harlem Latin Jazz musician and composer, Mr. Eddie Renaissance Award in 2005. He has also Tuesday, November 15, 2016 Palmieri. Eddie has spent his entire life ar- been inducted into the Bronx Walk of Fame, Mr. QUIGLEY. Mr. Speaker, I rise today to ranging exquisite salsa and Latin jazz music the Chicago Walk of Fame and the Oklahoma recognize the LGBT Chamber of Commerce of while preserving the historic Afro-Caribbean Jazz Hall of Fame. Eddie has been recog- Illinois on their 20th Anniversary. contributions to the music world. nized as an American icon by the In 1995, Tracy Baim of Lambda Publications Eddie was born December 15, 1936 in New Smithsonian’s National Museum of American and Kevin Boyer of Communications Manage- York, NY to Puerto Rican immigrants. It was History in Washington, D.C., where two re- ment, Inc. saw a need for a local chamber of in his childhood home where he was first ex- cordings of his performances are archived. commerce dedicated to gay and lesbian posed to Latin music. His grandmother was a Eddie Palmieri won yet another Grammy in owned businesses. Joined by three other busi- singer, his uncles were guitarists and his 2006 for his album ‘‘Listen Here!’’ and in 2007, ness owners, they launched the Chicago Area brother, Charlie Palmieri, attended the Julliard he received his most recent Grammy award

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.044 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1482 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 for his collaborative effort with trumpeter Brian tive impact and hope he continues for years to scenes, not wanting to be in the spotlight. He Lynch on the album ‘‘Simpatico’’. Eddie come. wanted to do his job to empower others, the Palmieri’s innovative musical fusion of salsa, Mr. Speaker, it is a pleasure to recognize best he could. funk, soul and jazz has captivated audiences the hard work and support David contributes, In the late 1970’s, Leo became very politi- for nearly half a century. He has remarkably as well as his being awarded the Outstanding cally active in Central California’s Democratic used his Puerto-Rican heritage, Afro-Carib- Teaching of Texas History Award. I ask all of circles. He worked diligently to broaden the bean roots and American identification to help my distinguished colleagues to join me in rec- traditional selection process for judges, state diversify the rhythms of Latin jazz. For his ognizing David Norman of Coppell Middle and national positions. He became a political noble creativity to help introduce Latin and School West. consultant and influential fundraiser who salsa music to American audiences every- f helped minority appointees for judgeships and where, I ask that my colleagues join me in office positions. In 1983, Leo was appointed paying tribute to Mr. Eddie Palmieri. A musical OUR UNCONSCIONABLE NATIONAL by former Congressman Tony Coelho as the genius who paved the way to make Latin DEBT national Hispanic coordinator for the Demo- music an American hallmark while sustaining cratic Congressional Campaign Committee. this genre’s ties to its Caribbean legacy. An HON. MIKE COFFMAN Leo is survived by his mother, Esther Gallegos, and his wife Olivia, along with their American Hero, Eddie Palmieri has devoted OF COLORADO daughter and son, Stephanie and Sean. He his life’s work to improving the quality of life IN THE HOUSE OF REPRESENTATIVES also leaves behind six brothers, two sisters, for the people of our beloved El Barrio and the Tuesday, November 15, 2016 and four grandchildren. Bronx, New York State, the Commonwealth of Mr. COFFMAN. Mr. Speaker, on January Mr. Speaker, I ask my colleagues to join me Puerto Rico and this great Nation. in paying tribute to the life and service of Leo Mr. Speaker, each year, Americans observe 20, 2009, the day President Obama took of- Gallegos Jr., whose passion, dedication, and National Hispanic Heritage Month from Sep- fice, the national debt was $10,626,877,048,913.08. selflessness behind the scenes made an in- tember 15 to October 15, by celebrating the strumental impact on reshaping local politics. histories, cultures and contributions of Amer- Today, it is $19,852,972,577,729.55. We’ve added $9,226,095,528,816.47 to our debt in 6 His life is a testament to the success minori- ican citizens whose ancestors came from ties and immigrants can achieve, and his hum- Spain, Mexico, the Caribbean and Central and years. This is over $7.5 trillion in debt our nation, our economy, and our children could bleness and great character is something to South America. During this year’s Hispanic be remembered. I join Leo’s family in honoring Heritage Month, in addition to paying tribute to have avoided with a balanced budget amendment. his life, his love for his community, tenacity, my beloved friend Eddie Palmieri, and as a passion for making a difference, and service Korean War Veteran, as I conclude my 50 f to his country. He will be greatly missed. years of Public Service, including 46 years in TRIBUTE TO THE LIFE OF LEO f the United States Congress, I also want to pay GALLEGOS JR. a very special salute to the Puerto Rican men TITLE VIII NURSING WORKFORCE and women who answered the call to serve REAUTHORIZATION ACT OF 2016 during WWII, our beloved The 65th Infantry HON. JIM COSTA Regiment, nicknamed ‘‘The Borinqueneers’’. OF CALIFORNIA SPEECH OF f IN THE HOUSE OF REPRESENTATIVES HON. SHEILA JACKSON LEE OF TEXAS CONGRATULATING DAVID NORMAN Tuesday, November 15, 2016 IN THE HOUSE OF REPRESENTATIVES ON HIS OUTSTANDING TEACHING Mr. COSTA. Mr. Speaker, I rise today to OF TEXAS HISTORY AWARD honor the life of Leo Gallegos Jr., who passed Monday, November 14, 2016 away on October 30, 2016 at age 75. Leo was Ms. JACKSON LEE. Mr. Speaker, I rise in HON. KENNY MARCHANT a loving husband, father, grandparent, and support to H.R. 2713, the ‘‘Title VIII Nursing OF TEXAS friend, who dedicated his life to serving others. Workforce Reauthorization Act of 2015,’’ which He was an American patriot and a humble extends advanced education nursing grants to IN THE HOUSE OF REPRESENTATIVES man who was an inspiration to many. He was support clinical nurse specialist programs. Tuesday, November 15, 2016 a leader in our minority communities, and was Specifically, I am pleased that this legisla- Mr. MARCHANT. Mr. Speaker, I rise today a political activist who made an instrumental tion: to recognize David Norman of Coppell Middle impact on California’s Democratic Party, espe- Includes clinical nurse leaders as advanced School West, in Coppell, Texas, on receiving cially in the Central Valley. education nurses, thereby making clinical the 2016 Linden Heck Howell Outstanding Born on August 5, 1941, in Caldwell, Idaho, nurse leader education programs eligible for Teaching of Texas History Award. Leo was the oldest of 10 children. He was the advanced education nursing grants. (Clinical Mr. Norman has been a strong member of son of immigrant farmworkers who followed nurse leaders are advanced generalist clini- the community for the past ten years, serving agricultural opportunities to Hanford, Cali- cians who apply research and coordinate care the entirety of his teaching career at Coppell fornia. After graduating high school, Leo en- in order to improve outcomes for patients.); West. His admiration for the school system listed in the United States Army, serving in the Describes the clinical nurse specialist pro- and all those involved is uncanny, especially 101st Airborne Division until the 1960’s. After grams that are eligible for grants and federal aid; as his daughter and son both graduated from serving in Korea and retiring from the Armed Reauthorizes funding for nursing programs Coppell. Mr. Norman spends time volunteering Forces, he attended Fresno State, receiving a by extending loan repayments and programs Bachelor’s and a Master’s degree in Social at the Coppell YMCA, which earned him the through 2020. Rookie Volunteer of the Year Award in 2015. Work. H.R. 2713 will provide a general sum of He was also nominated for the Coppell YMCA His passion for politics and drive to help money, as may be necessary, for the fiscal Outstanding Volunteer of the Year for 2016. bring change for minority communities first years 2016 through 2020, allowing Congress Mr. Norman has said of his own accom- emerged while he was at Fresno State. to appropriate funds as necessity arises. plishments as an educator: Through the late 1960’s, he helped start Importantly, this bill also includes a focus on ‘‘When learners are able to see their value Latino and American-Indian student organiza- comprehensive geriatric education, helping to and influence in this world, for good or bad, I tions on campus. In 1975, Leo became Gov- ensure that our parents and grandparents are have succeeded academically. But there is an ernor Jerry Brown’s right hand man in the San treated by knowledgeable and well educated accomplishment that is nearer to my heart. I Joaquin Valley during Brown’s first eight years personnel. think one of the things missing in our society, serving in Sacramento. While working in the Student debt has proven an increasing con- and in our classrooms, is kindness.’’ governor’s office, Leo worked tirelessly behind cern for nursing students as the price of pro- Mr. Norman is an outstanding figure in an the scenes, advocating for minorities during a grams grows steeper, while employment op- already impressive group of students, faculty, time when they were commonly overlooked for portunities grow sparse. and school community. I hope his enthusiasm public office positions. Leo was interconnected Of recent nursing school graduates in 2012 and exceptional teaching methods carry him with almost every ethnic group, pushing for a and 2013, more than 1/3 of borrowing stu- for the rest of his tenure. The entire commu- shift in politics that would embrace minorities. dents in the field were unemployed upon grad- nity is influenced by his genuine demeanor He never considered running for an office him- uation, despite a national increase in general and I cannot thank David enough for his posi- self. Instead Leo preferred to work behind the recent graduate employment.

VerDate Sep 11 2014 06:58 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.047 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1483 Additionally, 74 percent of recently grad- She also leaves six generations of grand- Gordon’s time spent at UC Davis would co- uated nursing students are straddled with loan children, great grandchildren, and great-great incide with the Vietnam War and the Civil repayment obligations, a number that is slight- grandchildren along with her nieces and neph- Rights Movement. This time in Gordon’s life ly higher than the 71 percent of all new recent ew. was critical to his academic and civic develop- graduates battling unsurmountable student Today, California’s 13th Congressional Dis- ment, opening his eyes to injustices here in debt. trict salutes the legacy of Mrs. Ethel Mae the United States and abroad. Providing nursing students with additional Molo. Her contributions have truly impacted In 1969, Gordon graduated from UC Davis time to repay these loans is incredibly impor- countless lives throughout the Bay Area. I join with a bachelor’s degree in political science. tant, and I am happy to see this aspect of the her loved ones in celebrating her incredible life Inspired by the idea that the law could be a bill renewed and increased. and offer my most sincere condolences. vehicle to change society, he went on to enroll Within Houston, MD Anderson, Texas Chil- f in law school. He graduated from the King dren’s Hospital, Memorial Hermann Hospital, School of Law at UC Davis in 1972. and St. Joseph’s are only a few of the medical IN HONOR OF JOSEPH P. MILES As an attorney, Gordon practiced as a centers in the city requiring skilled nurses. SR. Graduate Legal Assistant in the office of the In 2011, nearly 22,000 vocational and reg- California State Attorney General; a Deputy istered nurses practiced within the city of HON. DONALD NORCROSS District Attorney in the office of the San Fran- Houston, making it the largest employer in the OF NEW JERSEY cisco District Attorney; as managing Attorney state. IN THE HOUSE OF REPRESENTATIVES for the San Francisco Neighborhood Legal As- Supporting the nursing workforce in further- sistance Foundation, and Assistant to the City Tuesday, November 15, 2016 ance of advanced education is critical and I Attorney in Oakland. urge my colleagues to join me in support of Mr. NORCROSS. Mr. Speaker, I rise today At the young age of 32 he was made the H.R. 2713, the ‘‘Title VIII Nursing Workforce to honor Joseph P. Miles Sr. for his achieve- Honorable Gordon Baranco, appointed to the Reauthorization Act of 2015.’’ ments, contributions, and service in the U.S. Oakland Piedmont Emeryville Municipal Court f Navy and as a community leader. by Governor Edmund G. Brown, Jr. After serv- In 1944, Joseph was hired by the Radio ing as presiding judge of the court, he was ap- HONORING MRS. ETHEL MAE MOLO Corporation of America (RCA), a crucial em- pointed by Governor George Deukmejian as a ployer in South Jersey at the time. Mr. Miles judge of the Alameda County Superior Court. HON. BARBARA LEE continued his employment with RCA until In 2004, Judge Baranco was instrumental in OF CALIFORNIA 1988. establishing the Alameda County Homeless IN THE HOUSE OF REPRESENTATIVES However in 1945, heeding the call to service and Caring Court, which provides a much Joseph joined the U.S. Navy, serving aboard Tuesday, November 15, 2016 needed alternative to the traditional criminal the heavy cruiser USS Helena. He was honor- justice court system for the homeless. Ms. LEE. Mr. Speaker, I rise today to honor ably discharged in 1946. He joined the U.S. On a personal note, Judge Baranco worked the extraordinary life of Mrs. Ethel Mae Molo, Naval Seabees’ organized reserves in 1951 with me and helped lead our record remedy who was affectionately known by family and and served until 1955. and expungement conferences for several friends as GG. Joseph has been an important leader in the years. Because of his boldness and commit- Mrs. Molo was born on October 27, 1914 in community throughout his life. He served on ment, many returning citizens have been able Homer, Louisiana. After graduating from the Borough Council of Magnolia for six years, to move forward with their lives without the McDonogh Thirty-Five High School she at- including as its president. He was elected the troubles of their past once their parole is com- tended and graduated from Xavier University mayor of Magnolia from 1978 to 1984. He pleted. For this, I, along with so many others, in New Orleans, Louisiana with a Bachelor of joined the Magnolia Fire Company in 1989 am deeply grateful. Arts degree in Social Work. and is a past president of the Camden County On behalf of the residents of California’s After moving to California Ethel married Mr. Fire Police. 13th Congressional District, Judge Gordon Raymond Molo, she also had three beautiful Throughout his life, Joseph has remained Baranco, I salute you. I thank you for a life- children. Once in California she was given the committed to community service. In 1974, he time of service and congratulate you on your opportunity to hold a position on the Kaiser and volunteers helped to erect concrete forms achievements. I wish you and your loved ones shipyard as a Rosie the Riveter, helping to for walkways and areas for benches and light- the very best as you enjoy your well-deserved support the war efforts for World War II. She ing for Albertson Park. He helped construct a retirement. later continued her service at the Naval Air replica of the Magnolia train station. When it f station working on aircrafts. After many years was docked at the shipyard, he worked on the as a dispatcher, she retired from the Air Sta- Battleship New Jersey for eight months. IN RECOGNITION OF DR. JOSEPH J. tion. Mr. Speaker, Joseph P. Miles Sr., is a great ROY, SUPERINTENDENT OF Following her retirement Ethel was very ac- American whose dedication to serving our BETHLEHEM AREA SCHOOL DIS- tive throughout her community. She worked country and our community is an inspiration to TRICT with political leaders Ronald Dellums, Willie us all. I join with his family, friends, and all of Brown, and Don Peralta on projects in the Bay New Jersey in honoring the selfless service of HON. MATT CARTWRIGHT Area. On a national level she was an active this extraordinary man. OF PENNSYLVANIA member of the NAACP, for fifteen years she f IN THE HOUSE OF REPRESENTATIVES helped fundraise money for Fannie Lou Hamer and the voting rights act in Mississippi. HONORING JUDGE GORDON Tuesday, November 15, 2016 As a strong woman of faith Mrs. Molo wor- BARANCO Mr. CARTWRIGHT. Mr. Speaker, I rise shiped at the Presbyterian Women of Faith today to honor Dr. Joseph J. Roy, who will re- East Oakland Fellowship Circle and was the HON. BARBARA LEE ceive the 2017 Pennsylvania Superintendent secretary of her church. OF CALIFORNIA of the Year Award from the Pennsylvania As- All in all, Ethel was a woman of many col- IN THE HOUSE OF REPRESENTATIVES sociation of School Administrators. Dr. Roy will ors. Her interests were diverse as were the be recognized for his outstanding performance many people she touched with her hard work Tuesday, November 15, 2016 on November 17, 2016 in Harrisburg, Pennsyl- and dedication to her community and those Ms. LEE. Mr. Speaker, I rise today to recog- vania. that were less fortunate than her. nize the extraordinary career of Judge Gordon Dr. Roy is a graduate of Franklin & Marshall Traveling, sewing, reading and cooking big Baranco. I would like to congratulate him on College in Lancaster, Pennsylvania. He re- meals for her friends and family were among his retirement and thank him for his invaluable ceived his Master’s degree in educational ad- her many hobbies. She spent her golden service to our community. ministration from Bucknell University and his years reading comfortably eating her favorite Born and raised in Oakland, California, Gor- Doctoral degree from Lehigh University. In cookies, spending time with her family and don graduated from Oakland High School in 1986, Dr. Roy began his career working for watching her game shows. 1965. Gordon would become a star basketball East Penn School District where he taught so- She leaves to celebrate her life, her three player at the University of California, Davis, cial studies at Emaus High School. After re- loving children, Dovelyn Burbridge-Winbush, where he led the Aggies to win three league ceiving his Master’s, he was hired as an As- Gene Hennen, and Alfreda Gibson-Hampton. championships. sistant Principal at Liberty High School in

VerDate Sep 11 2014 06:58 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.051 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1484 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 1992. Dr. Roy served as Principal of Palisades environmental education facility at Frances of his occupation. He was Assistant to Bronx High School in Bucks County, Springfield Slocum State Park, located in Luzerne Coun- Borough President Robert Adams, and has Township High School in Montgomery County, ty, as ‘‘The Patrick J. Solano Environmental served on the Board of Trustees for the Con- and Upper Moreland High School in Willow Education Center.’’ gressional Hispanic Caucus Institute and the Grove. He also served as Assistant Super- Mr. Speaker, as The Commonwealth Med- Community Service Society of New York, as intendent of the School District of Springfield ical College’s 2016 Scholarship Gala Service an Advisor for the National Jazz Museum of Township. In August 2010, Dr. Roy was ap- to Community Honoree, Mr. Patrick J. Solano Harlem, and as a Voting Member of the Acad- pointed as Superintendent for Bethlehem Area has consistently set an example of excellence emy of Recording Arts and Sciences. Cur- School District, where he currently serves. that will inspire our state’s leaders for genera- rently, Robert serves as a Member of the Dr. Roy has earned nationwide acclaim for tion to come. I wish Mr. Solano, his wife of 62 Board of Trustees for the Center of Edu- his work as an educator. The National School years, Marie Nocito, their six daughters, elev- cational Innovation/Public Education Associa- Public Relations Association and the National en grandchildren, and one great grandchild, all tion, the Icahn Charter Schools, and the Multi- School Library Journal recognized him for ad- the best in their future endeavors, and thank cultural Committee of the Metropolitan Mu- dressing diversity issues while at Springfield him for the innumerable contributions he has seum of Art. Township High School. He was named Multi- made to the state of Pennsylvania. Bob Sancho’s dedication and commitment cultural Educator of the Year in 2004 by the f to the many facets of community development Montgomery County Advisory Council to the makes him an incredible human being. The al- Pennsylvania Human Relations Commission. IN CELEBRATION OF NATIONAL truistic quality that Bob embraces is very hard It is an honor to recognize Dr. Joseph Roy HISPANIC HERITAGE MONTH AND to find in the world today. For his noble duty as he receives the Pennsylvania Super- IN RECOGNITION OF ROBERT to empower the citizens of New York, I ask intendent of the Year Award. He deserves ‘‘BOB’’ SANCHO that my colleagues to join me as we celebrate praise for the excellent work he has done on National Hispanic Heritage Month, from Sep- behalf of Pennsylvania educators and HON. CHARLES B. RANGEL tember 15th through October 15th, 2016 in students. OF NEW YORK paying tribute to Mr. Robert ‘‘Bob’’ Sancho, an f IN THE HOUSE OF REPRESENTATIVES extraordinary man from humble beginnings. An American hero, Bob has devoted his life’s RECOGNIZING MR. PATRICK J. SO- Tuesday, November 15, 2016 work to improving the quality of life for the LANO AS THE COMMONWEALTH Mr. RANGEL. Mr. Speaker, today I rise in people of our beloved El Barrio and the Bronx, MEDICAL COLLEGE’S 2016 SCHOL- honor of National Hispanic Heritage Month to New York State, the Commonwealth of Puerto ARSHIP GALA SERVICE TO COM- join the community of El Barrio, The Village of Rico and this great Nation. MUNITY HONOREE Harlem, the City and State of New York, and Mr. Speaker, each year, Americans observe the Nation in commemorating an outstanding National Hispanic Heritage Month from Sep- HON. LOU BARLETTA public servant and community leader, Mr. tember 15 to October 15, by celebrating the histories, cultures and contributions of Amer- OF PENNSYLVANIA Robert ‘‘Bob’’ Sancho. Through his many ican citizens whose ancestors came from IN THE HOUSE OF REPRESENTATIVES years of service, Robert has spent nearly half a century tirelessly advocating for his commu- Spain, Mexico, the Caribbean and Central and Tuesday, November 15, 2016 nity and uplifting many citizens. South America. During this year’s Hispanic Mr. BARLETTA. Mr. Speaker, it is my privi- Over the course of his career, Bob Sancho Heritage Month, in addition to paying tribute to lege to recognize Mr. Patrick J. Solano as The has held many positions of great importance my friend Robert ‘‘Bob’’ Sancho, and as a Ko- Commonwealth Medical College’s 2016 Schol- in the City of New York. As Deputy Super- rean War Veteran, as I conclude my 50 years arship Gala Service to Community Honoree. intendent of Schools in Community School of Public Service, including 46 years in the Each year the Commonwealth Medical Col- District No. 4, he took the district from last United States Congress, I also want to pay a lege honors an outstanding individual or group place (32nd) in reading and math, to 13th very special salute to the Puerto Rican men for contributions to their community, and Mr. among New York City School districts. This and women men who answered the call to Solano’s extensive record of public service ex- feat was achieved over a seven year period serve during WWII, our beloved the 65th In- emplifies the meaning of this award. and was considered one of the most success- fantry Regiment, nicknamed ‘‘The After graduating from Pittston Township ful educational accomplishments in America. Borinqueneers’’. High School, Mr. Solano joined the Army Air Bob was born and raised in the South f Corps and took part in 23 combat missions. Bronx. He is a product of the New York City HONORING THE SERVICE OF ALAN Stationed with the 8th U.S. Air Force Heavy Public School system and went on to earn a PERRY Bombardment Group in England, his missions Bachelor of Arts Degree at the Inter-American spanned several European nations and in- University in San German, Puerto Rico, spe- cluded action during the bombing of Berlin in cializing in Education and Political Science. As HON. JIM COSTA OF CALIFORNIA 1944. His exceptional service earned him the an undergraduate, Bob was awarded a Minor- IN THE HOUSE OF REPRESENTATIVES Group Presidential Citation, the Air Force ity Urban Education Scholarship and com- Medal with two Oak Leaf Clusters, and the pleted a Teaching Fellowship in both Urban Tuesday, November 15, 2016 European Combat Theatre Medal with two and Rural School Districts on the Island of Mr. COSTA. Mr. Speaker, I rise today along Bronze Stars. Puerto Rico. He received a scholarship to the with my colleagues, Mr. DENHAM, Mr. NUNES, Being honored for service to his community prestigious Graduate School of Urban Affairs and Mr. VALADAO to recognize Mr. Alan ‘‘Al’’ reflects Mr. Solano’s commitment to the ad- at Hunter College where he completed his Perry for his dedication and commitment to vancement of Pennsylvania’s people and re- Masters of Science Degree. the veterans of California’s Central Valley. sources, and his lifelong public service sets an During the 1960s, Bob assembled East Har- Since 2013, Mr. Perry has proudly served as example for future generations of selfless lem residents to fight against Mayor Robert F. the President of the Central Valley Honor Pennsylvanians. After serving as a Pittston Wagner, Jr.’s attempts to shut down Metropoli- Flight. As he embarks on his last trip to Wash- Township school director, he went on to later tan Hospital Center which was an essential ington, D.C., it is important that we recognize advise State Senate Majority Leader Dominic medical institution in the community. Under him for all his benevolent work and for ensur- Pileggi, as well as two governors, Tom Ridge Mr. Sancho’s successful leadership, the hos- ing that our Valley World War II and Korean and Mark Schweiker. His most important con- pital remained open and gained enough fed- War veterans are given the opportunity to take tributions came during his role as deputy sec- eral funding to sustain the medical center. a final tour with honor. retary for Parks and Forests with the former These bonds helped construct three new Mr. Perry’s dedication to working with vet- Department of Environmental Resources and buildings and renovate the existing hospital erans stems from his own background as a as the acting secretary when the Department buildings. In addition, his department has Vietnam Era veteran. He served as an officer of Conservation and Natural Resources was raised approximately $15 million during the in the Army Medical Service Corps from 1971 created in 1995. Mr. Solano’s lifelong dedica- last several years for various hospital pro- through 1973. Mr. Perry has also worked for tion to Pennsylvania’s state parks and forests grams. numerous Veterans Affairs (VA) medical cen- will forever be remembered, and in 2013, my Even though Bob Sancho has had an exten- ters and has held different leadership positions district was proud to have Governor Tom sive professional career, he also has a robust within the VA. In 1998, Mr. Perry was ap- Corbett recognize his service by naming the list of civic and cultural involvements outside pointed director of the Central California VA

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.055 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1485 where he served for 13 years, retiring in 2012. were remembered by family and friends at the business of the investor, offsetting costlier Mr. Perry has been recognized for trans- First Baptist Church in Lenoir City, Tennessee sources of energy. The $480 per panel invest- forming the Fresno VA Hospital to the modern on October 22, 2016. ment is paid back through 20 years of more hospital it is now, thus giving more Valley vet- Mr. Harry Wayne Wampler was born in affordable electricity bills. With the Capture the erans the access and resources they need. Lenoir City to what would become a very large Sun model, customers who may not have Over the years, we have had the oppor- family. Mr. Wampler was the oldest of his par- been able to afford infrastructure costs associ- tunity to work closely with Mr. Perry as he ents’ seven children, setting a tone for his ated with building solar panels on their roofs continuously champions for veterans of the leadership skills to flourish in years to come. are now able to invest in renewable solar en- Central Valley. As President of Central Valley He took on the heavy responsibility of con- ergy. Honor Flight and leader of the trip, Mr. Perry tributing to his family’s business, Wampler’s Moorhead Public Service began its first has led the trips for all 11 flights since 2013. Farm Sausage, by working at the young age phase of community solar in 2015, and the ini- Under Mr. Perry’s watch, the veterans are al- of 14. tial local reaction to community solar was ways safe and on schedule. Time after time Later, Mr. Wampler was a Military Chef overwhelmingly positive. In fact, the customer they have memorable experiences as they while serving in the Army Reserves, allowing demand for solar panels was so strong that visit the Smithsonian-National Air and Space him to share his love of food with his fellow Moorhead Public Service decided to expand Museum and the World War II and Korean military personnel. Capture the Sun to a second phase in 2016. War Memorials. To date, a total of 803 WWII He went on to become the CEO of Family I had the chance to attend the ribbon cutting and Korean War Veterans have visited D.C. Brands International, which continues to pro- ceremony for the second Capture the Sun and returned with a 100 percent safety record. vide many jobs to the Lenoir City community community solar garden on October 4, 2016. For this success, Mr. Perry was recognized as while boosting the local economy. It was impressive to learn that every panel for a Rotary International Paul Harris Fellow in While leading his business, Harry Wampler the second project has already been pur- 2015. There is no doubt that Mr. Perry will be devoted 26 years of his incredible life as a chased by local investors. missed as he has been an integral part of Lenoir City Councilman, 16 years as Vice Each .310 kilowatt panel produces an esti- Honor Flight. Mayor of Lenoir City, and served on many mated 35 kilowatt hours per month which is We commend Mr. Perry for his selfless boards. enough to power five 60-watt light bulbs for dedication and work on behalf of our veterans. He contributed to the success of community four hours per day for a month. Between the Mr. Perry, along with Honor Flight volunteers organizations by serving as a board member two solar garden projects, 216 panels have and staff are able to continue this program for Lenoir City Utilities, Baptist Hospital, been purchased by 160 customers. This with the support of local sponsors and our Roane State Community College, Harrison means an estimated 7,560 renewable kilowatt community. It is always a highlight for our of- Chilhowie School, Small Business Bureau, hours are produced by the sun to local inves- fices to help prepare for the arrival of our vet- United Way, SunTrust Bank, Third National tors every month. These kilowatt hours save erans, and because of Mr. Perry every Honor Bank, and the Bank of Loudon County. customers money over time and diversify the Flight has been unforgettable. Harry was one of the strongest leaders the City of Moorhead’s energy portfolio. Mr. Speaker, it is with great respect that Mr. Great State of Tennessee has ever seen. He The model has worked so well that the Western Area Power Administration (WAPA) DENHAM, Mr. NUNES, Mr. VALADAO, and I ask is one of the best friends both my father and our colleagues in the U.S. House of Rep- I have ever had. awarded Moorhead Public Service with its resentatives to join us in recognizing Mr. Alan While I am saddened by his absence, I prestigious Administrator’s Award in recogni- Perry for serving as President and trip leader know this Nation is better because of the life tion of its dedication to service and best busi- of Central Valley Honor Flight. Mr. Perry’s he led. Not only will he be missed by his wife ness practices. In the award announcement, genuine devotion to our nation’s veterans Jennifer, five sons, and ten grandchildren but WAPA stated that Moorhead Public Service makes him a remarkable individual. We wish also by hundreds of friends, colleagues, and proves that a ‘‘utility of any size can forge a him the best of luck as he moves on to his fu- neighbors. powerful partnership with the community by ture endeavors. Harry Wampler was a patriotic American being responsive to its customers’ needs.’’ As our nation’s economy continues to grow, f who loved his country, and one of the finest men I have ever known. the demand for electricity will grow with it. We depend on innovators like those at Moorhead PERSONAL EXPLANATION f Public Service who remain proactive in keep- HON. JOHN R. CARTER HONORING THE CITY OF MOOR- ing their community’s electricity rates afford- HEAD FOR ITS INNOVATIVE EN- able, especially in rural America. The energy OF TEXAS ERGY SOLUTIONS investment opportunities provided to Moor- IN THE HOUSE OF REPRESENTATIVES head residents will remain a leading example Tuesday, November 15, 2016 HON. COLLIN C. PETERSON of what can be accomplished for other munic- Mr. CARTER of Texas. Mr. Speaker, I cast OF MINNESOTA ipal governments across Minnesota. I am proud to represent the City of Moor- a No vote on Roll Call Number 570 (Kildee of IN THE HOUSE OF REPRESENTATIVES Michigan Amendment No. 19 to H.R. 5303: head and the 7th District of Minnesota. I re- Tuesday, November 15, 2016 Water Resources Development Act). This was main inspired by the technological and eco- an unintended error, and I wish to reflect that Mr. PETERSON. Mr. Speaker, the City of nomical advancements made by leaders in my my intention was to support passage of Roll Moorhead in Minnesota is leading the way in district. Today, I urge lawmakers to join me in Call Number 570. developing innovative community energy pro- commending Moorhead Public Service’s Cap- Additionally, I was recorded as Not Voting grams that provide local investment opportuni- ture the Sun project. on Roll Call Number 574 (H.R. 6094: Regu- ties, diversifies Minnesota’s energy portfolio, f latory Relief for Small Businesses, Schools, and improves our nation’s energy independ- HONORING DR. KEITH WIEBE and Nonprofits Act—On Passage). I wish to ence. Moorhead Public Service is the tip of reflect that my intention was to support pas- the spear in those efforts. HON. EVAN H. JENKINS sage of Roll Call Number 574. I congratulate the administrators at Moor- head Public Service for envisioning and build- OF WEST VIRGINIA f IN THE HOUSE OF REPRESENTATIVES ing renewable energy projects like Capture the TRIBUTE TO HARRY WAYNE Sun which have brought national recognition Tuesday, November 15, 2016 WAMPLER to the people of Moorhead. Today, I would like Mr. JENKINS of West Virginia. Mr. Speaker, to expand this recognition to the United States I rise today to honor Dr. Keith Wiebe, who is HON. JOHN J. DUNCAN, JR. Congress. retiring after thirteen years as president of the OF TENNESSEE Capture the Sun is a community solar gar- American Association of Christian Schools. IN THE HOUSE OF REPRESENTATIVES den located in north Moorhead and adminis- Dr. Wiebe is much admired and greatly ap- tered by Moorhead Public Service. The project preciated for all of his great work as senior Tuesday, November 15, 2016 provides local energy customers the oppor- pastor at Grace Gospel Church in my home- Mr. DUNCAN of Tennessee. Mr. Speaker, I tunity to invest in renewable energy by pur- town of Huntington, West Virginia. I have no wish to honor a man whose service to his chasing one or more solar panels. The renew- doubt that he has left that same great impres- Country and contributions to his community able energy is then delivered to the home or sion on everyone he has worked with during

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.058 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1486 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 his tenure as president of the American Asso- MOURNING THE DEATH OF RUSK Gala, an annual event to celebrate Viet- ciation of Christian Schools. His steadfast faith COUNTY SHERIFF’S DEPART- namese heritage and which honors the and commitment to helping our children grow MENT DEPUTY DAN GLAZE achievements and contributions of Asian Pa- in their Christian faith is truly admirable and cific Americans. serves as an inspiration for all he has had the HON. SEAN P. DUFFY Mr. Le put the needs of others before his own when Hurricane Katrina displaced people opportunity to minister God’s many blessings. OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES who had nowhere to go. They were welcomed Dr. Wiebe followed his call to serve, an action into his office in Mississippi for shelter. Mr. Le that all of us can learn from as we continue to Tuesday, November 15, 2016 inspired me personally and I was able to see grow in our own faith. Mr. DUFFY. Mr. Speaker, it is with deep his kindness when meeting with him. He ex- Once again, congratulations Dr. Wiebe on sadness and regret that I rise to inform my pressed his deep commitment to advance the your 13 years as president of the American colleagues of the death of Rusk County Sher- cause of religious freedom in Vietnam as well Association of Christian Schools. iff’s Department Deputy Dan Glaze, who was as advocating for Hoa Hao Buddhism. tragically killed in the line of duty Saturday, Mr. Le’s life serves as inspiration on how to f October 29th, 2016, while responding to a call live life generously and with kindness. in my district. Mr. Speaker, I ask my colleagues to join me CELEBRATING 20 YEARS OF DIS- Dan, a seven year Veteran in Law Enforce- in honoring Mr. Henry Huong Le for a life of TINGUISHED SERVICE—LISA ment, served on the Fall Creek Police Depart- extraordinary leadership and advocacy in the PINTO ment, Sawyer County Sheriff’s Department community of San Jose and for Vietnamese and Hayward Police Department before serv- people globally. ing his last watch with the Rusk County Sher- f iff’s Department. He had recently achieved a HON. TED LIEU IN RECOGNITION OF DOMINIC career goal of becoming a member of the KEATING, COLUMBUS DAY ASSO- OF CALIFORNIA Rusk County Swat Team. CIATION OF LACKAWANNA COUN- His family remembers him for his: ‘‘strength, IN THE HOUSE OF REPRESENTATIVES TY MAN OF THE YEAR dedication to family, sense of humor, and en- Tuesday, November 15, 2016 thusiasm. He was a husband, father, son, brother, mentor, and friend to all of those he HON. MATT CARTWRIGHT Mr. TED LIEU of California. Mr. Speaker, I met. Those who knew him or met him were all OF PENNSYLVANIA rise to celebrate 20 years of distinguished impacted by his passion and willingness to IN THE HOUSE OF REPRESENTATIVES service by Lisa Pinto—public servant, fierce sacrifice for others in order to benefit the Tuesday, November 15, 2016 Veteran advocate, and mother. greater good of all. Dan’s courage will forever Mr. CARTWRIGHT. Mr. Speaker, I rise Lisa began her career with Congressman be our protection.’’ today to honor Dominic Keating, who received Henry Waxman on October 1, 1996 as his Dan is survived by his loving wife and high- the 2016 Columbus Day Association of Lacka- District Director, a position she held until his school sweetheart, Sarah and three children, wanna County Man of the Year Award. Kendall (18), Levi (5) and Elianna (5 months); retirement in 2014. She has devoted her ca- Born to Robert and Flora Keating, Dominic his parents, Dan and Jan Glaze; and brothers, reer to championing important issues for the is a lifelong resident of Dunmore, Pennsyl- John and Allen Glaze. vania. He is a graduate of Scranton Pre- residents of the Greater Los Angeles commu- Mr. Speaker, my deepest sympathies are nity. Lisa is the true embodiment of a public paratory School and the College of the Holy extended to Deputy Glaze’s wife and children, Cross. He was admitted to practice law in the servant. family, friends, and colleagues in law enforce- Commonwealth of Pennsylvania after attend- During her impressive career, she has ment. On behalf of this body, and a very ing Dickinson School of Law. worked on many important issues affecting grateful nation, I thank those men and women In 1963, Dominic began working for his fam- constituents, including managing the district’s who risk their lives to give us order, safety, ily’s business, the Parodi Cigar Company. and protect our freedom; we keep them and casework, the Santa Monica Airport, and Vet- During his career, Dominic served the com- their families in our thoughts today and al- erans issues. Lisa’s leadership on Veterans pany in many capacities, from sales to produc- ways. issues has been instrumental in the signing tion to administration. In 1998, he became f into law of H.R. 5936, the Los Angeles Home- president of Parodi and kept the position until his retirement in 2014. less Veterans Leasing Act of 2016. HONORING THE LIFE OF MR. HENRY HUONG LE Dominic remains active in the community Prior to her service with Congressman Wax- and serves his neighbors in a variety of ca- man, Lisa practiced law for eight years, last pacities. He serves as the Chairman of the working in Dependency Court, representing HON. ZOE LOFGREN Pennsylvania Northeast Regional Rail Author- OF CALIFORNIA children who had been abused and neglected. ity. He also serves as Vice Chairman of the IN THE HOUSE OF REPRESENTATIVES She attended UCLA, earning a B.A. in History Lackawanna Heritage Valley Authority and is a with a concentration in Business and UC Tuesday, November 15, 2016 member of the Project 505 Trolley Restoration Committee. For his distinguished community Davis School of Law, where she earned a J.D. Ms. LOFGREN. Mr. Speaker, I rise today to service, Dominic was the recipient of the 2014 Lisa utilized her stellar instincts, passion, and acknowledge the life and untimely passing of Governor Robert P. Casey Medal and the Mr. Henry Huong Le. Mr. Le passed away on exemplary management skills to make Con- 2009 Alan Sweeney Award from the Lacka- October 6, 2016, leaving behind a wife, three gressman Waxman’s District Office one of the wanna Historical Society. children, a large extended family and a com- best district offices in the country, a tradition of It is an honor to recognize Dominic Keating munity mourning the loss of a generous soul. excellence she continues as my District Direc- for his lifetime of accomplishments. I extend Mr. Le arrived in the City of San Jose in the tor. my warmest congratulations to him for receiv- late 70s, seeking refuge from the Communists ing the 2016 Columbus Day Association of Lisa is truly a champion for our constituents. in Vietnam. Though he and his family had little Lackawanna County Man of the Year Award. Lisa has devoted her life to helping others and upon arrival, their business flourished into the the greater Los Angeles community. And in largest industrial catering company in Northern f her most important role, Lisa is the mother to California and the world’s largest chain of ANOKA COUNTY’S OUTSTANDING her wonderful daughter, Stella. banh mi sandwich shops. SENIOR Mr. Le shared his success with the commu- I am extremely fortunate to benefit from her nity in San Jose. He was a community leader, experience, leadership and kindness. I ask my HON. TOM EMMER human rights advocate, and philanthropist. Mr. OF MINNESOTA colleagues to join me in celebrating Lisa’s Le served as president of the Vietnamese IN THE HOUSE OF REPRESENTATIVES twenty years of distinguished service to the Heritage Society to preserve, promote, and U.S. House of Representatives, the constitu- celebrate the history and heritage of Viet- Tuesday, November 15, 2016 ents of the Greater Los Angeles area, and her namese Americans. He was also a founding Mr. EMMER of Minnesota. Mr. Speaker, I country. member of the Vietnamese American National rise today in honor of John Leggate, a Coon

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.062 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS November 15, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1487 Rapids, Minnesota resident who was recently During the horrific terrorist attacks of Sep- residents of eastern Connecticut closer to na- awarded the Anoka County Outstanding Sen- tember 11th, the lifesaving skills of our EMS ture, from gardening clinics to group hikes and ior Award at the Anoka County Fair. Despite providers were vital to saving countless Amer- restoration projects. The Center also contrib- major setbacks, John has been heavily in- ican lives. utes to the social and economic well-being of volved in his community. Mr. Speaker, I support H.R. 4365 the ‘‘Pro- the region with its Community Garden that Thirteen years ago, John was given the tecting Patient Access to Emergency Medica- every year produces a huge array of fresh, nu- devastating news that he only had six weeks tions Act of 2016’’ because it provides emer- tritious produce that finds its way to low in- to live. Instead of giving up, he kept fighting, gency medical personnel with a broad range come residents in New London County free of bravely enduring eleven surgeries and eight of tools to provide lifesaving care to persons charge. I have personally witnessed the im- years of chemotherapy, all while continuing his in need. pact this healthy, tasty offering has on its re- service to his community. f cipients at mobile food banks. The excitement Today, John helps out with numerous orga- and gratitude for Coogan Farm’s effort is mov- nizations in the community including: Coon RECOGNIZING THE LIFE AND ing and inspirational. Rapids Royalty and Pageant Committees, SERVICE OF DANYELLE LUCKEY Maggie has been a shrewd, successful Coon Rapids Snowflake Days, Community manager, growing the DNPC from three em- Strength Foundation, Coon Rapids Northstar HON. MARK DeSAULNIER ployees to thirty-five. She and her organization Lions Club, Coon Rapids Fireworks Festival, OF CALIFORNIA recently celebrated a momentous achieve- Epiphany Church, and Movies in the Park. IN THE HOUSE OF REPRESENTATIVES ment, the completion of a two year project to John Leggate has shown great passion for Tuesday, November 15, 2016 restore the Coogan Farm Nature & Heritage bettering the community and has helped thou- Center in Mystic. The restoration required the sands of people in the process. For all his Mr. DESAULNIER. Mr. Speaker, I rise today work of 60 volunteers and 760 donors, all fa- contributions to our community, we thank John to recognize the life and service of Seaman cilitated by Maggie’s exceptional leadership. It Leggate and congratulate him on his award. Danyelle Luckey, a longtime resident of the also required her successful pursuit of state f Bay Area community and enlisted sailor in the and federal funds which were intensely com- U.S. Navy. petitive from groups all over the country. PROTECTING PATIENT ACCESS TO During her brief 23 years, Danyelle Luckey Maggie’s dedication to her community and EMERGENCY MEDICATIONS ACTS touched the lives of those she met. After grad- OF 2016 her spirit of volunteerism and engagement are uating from Pittsburg High School in 2011, values well worth honoring. She leads by ex- Danyelle enjoyed spending time with friends SPEECH OF ample, and more importantly, puts in the and family, and worked as a beautician. Ac- groundwork to make her visions a reality. Our HON. SHEILA JACKSON LEE cording to her friends, she always took pleas- region is a better place because of Maggie’s OF TEXAS ure in helping others improve their lives. In dedication. I ask my colleagues to join me in IN THE HOUSE OF REPRESENTATIVES that spirit of public service, Danyelle enlisted thanking her for being a model citizen. in the Navy, joining the crew of the USS Ron- Monday, November 14, 2016 ald Reagan during its recent trip to Guam. f Ms. JACKSON LEE. Mr. Speaker, I rise to According to the Navy, Seaman Luckey’s express my strong support for H.R. 4365 the positive attitude and infectious spirit were ap- IN SUPPORT OF STAN LEE’S bipartisan ‘‘Protecting Patient Access to Emer- parent during her service—within her first RESPECT INITIATIVE gency Medications Act of 2016.’’ month aboard the supercarrier, she had H.R. 4365 would authorize a medical direc- gained a reputation as a good shipmate and HON. MARK DeSAULNIER tor, physician, and physician assistant or ad- made an immediate impression on everyone vanced practice registered nurse to authorize on board. Her superiors noted her intention to OF CALIFORNIA Emergency Medical Service, EMS, personnel ‘‘become part of something big and something IN THE HOUSE OF REPRESENTATIVES to dispense controlled substances such sei- significant.’’ Tuesday, November 15, 2016 zure medications, narcotic painkillers and Sadly, Seaman Luckey’s life ended on Octo- other controlled substances under an order ber 10, 2016, when she passed away unex- Mr. DESAULNIER. Mr. Speaker, Marvel from a registered doctor or agency. pectedly while aboard the USS Ronald Comics legend, Stan Lee, co-creator of such This bipartisan bill was passed by both the Reagan as it traveled the Philippine Sea. She iconic characters as Spider-Man, the Aveng- House Committee on Energy and Commerce is survived by her parents Derrick and Annette ers, and X-Men, with the contribution of his and its Subcommittee on Health, each by Luckey, many family members, and friends. I daughter, J.C., seeing the challenges faced in unanimous consent. join our community in mourning her loss, her the country launched the RESPECT Initiative I support this bipartisan bill because it pro- spirit, and her work to improve the lives of oth- symbolized by the ‘‘Hands of Respect’’ pin to vides a vital solution for our emergency man- ers. Fortunately, Seaman Luckey will live on in build bridges in communications, encourage agement personnel to provide lifesaving care the memories of her family and friends. dialogue, and bring together and inspire all community members to respect one another. to those requiring unique medical attention, f such as in cases substance abuse overdose. With the goal to get ‘‘Hands of Respect’’ pins Under this bill the Justice Department would HONORING MAGGIE JONES, THE throughout the country, community members be directed to approve the registration of 2016 RECIPIENT OF THE WILLIAM of all ages will get involved in this important qualified EMS agencies under the Controlled CRAWFORD DISTINGUISHED movement. Substances Act and is empowered to deny SERVICE AWARD Through the efforts of Concord, California, registration based on an applicant’s conviction resident and RESPECT Initiative Executive Di- record and other factors that could affect pub- HON. JOE COURTNEY rector, Jerry Olivarez, it is acknowledged that lic health and safety. OF CONNECTICUT the City of Concord, led by Mayor Laura Hoffmeister and Chief Guy Swanger, is the The bill authorizes emergency service pro- IN THE HOUSE OF REPRESENTATIVES viders to store substances in ambulances and first city in the country where the Mayor and Tuesday, November 15, 2016 other EMS vehicles and partner with local hos- Chief of Police officially support the concept of pitals to restock medications and supplies. Mr. COURTNEY. Mr. Speaker, I rise today the RESPECT campaign. Each emergency services provider would be to congratulate Maggie Jones for her selection I encourage all my colleagues in the House responsible for complying with requirements as this year’s recipient of the William Crawford of Representatives to wear the ‘‘Hands of Re- including recordkeeping and physical security. Distinguished Service Award. Maggie is a spect’’ pin to show support for this initiative In Houston, Texas in 2015 alone, over committed public servant in eastern Con- and encourage their constituents to join the 289,907 citizens relied upon the critical care necticut, where she serves as the Executive conversation and participate in the campaign emergency services of medical personnel, Director of the Denison Pequotsepos Nature by visiting www.handsofrespect.com. such as nurses, paramedics and technicians. Center (DNPC). She has overseen tremen- Initiatives like ‘‘Hands of Respect’’ are im- Our EMS personnel throughout the nation dous growth for her organization, and has portant to bringing communities together and I must be equipped with every tool necessary to dedicated her efforts to the preservation of commend the efforts of all who are involved in provide critical lifesaving measures during pa- wildlife and our region’s natural beauty. The my Congressional District, the State of Cali- tients’ most dire time of need. DNPC offers a variety of programs to bring the fornia, and the nation.

VerDate Sep 11 2014 06:49 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.067 E15NOPT1 smartinez on DSK3GLQ082PROD with REMARKS E1488 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2016 PERSONAL EXPLANATION port for the use of sound science to study and IN TRIBUTE TO LEONOR ROSAS regulate such modern agricultural technologies HON. BETO O’ROURKE as crop protection chemistries, genetically en- OF TEXAS gineered or enhanced traits, and nutrients; HON. GWEN MOORE and, be it further IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN Resolved, That the Senate express opposi- Tuesday, November 15, 2016 tion to legislative or regulatory action at any IN THE HOUSE OF REPRESENTATIVES Mr. O’ROURKE. Mr. Speaker, during the roll level that may result in unnecessary restric- call votes on Monday, November 14, 2016, I tions on the use of modern agricultural tech- Tuesday, November 15, 2016 was absent due to the flight from my district of nologies; and, be it further Ms. MOORE. Mr. Speaker, I rise to recog- El Paso, Texas to Washington, DC being de- Resolved, That the Secretary of the Senate nize Leonor Rosas who retired in September, layed. forward official copies of this resolution to the 2016 from UMOS, Inc. Leonor is a public serv- Had I been present, on roll call number 575, president of the United States, to the president I would have voted Yea. of the Senate and the speaker of the House ant, nonprofit executive, mother, grandmother, On roll call number 576, I would have voted of Representatives of the United States Con- friend and leader. Yea. gress, and to all the members of the Texas Leonor Rosas has earned a Bachelor of f delegation to Congress with the request that Science Degree from the University of Wis- EXPRESSING SUPPORT FOR THE this resolution be entered in the CONGRES- consin-Milwaukee and has Graduate Certifi- STUDY AND REGULATION OF SIONAL RECORD as a memorial to the Con- cates in both Nonprofit Management and Pub- MODERN AGRICULTURAL TECH- gress of the United States of America. lic Administration. Ms. Rosas has over 36 NOLOGIES f years of work experience in the both the pri- PRESIDENT-ELECT TRUMP’S AP- vate and public sectors and retired from HON. K. MICHAEL CONAWAY POINTMENT OF STEPHEN UMOS after serving 15 years in various management positions there. She has served as a OF TEXAS BANNON AS CHIEF STRATEGIST IN THE HOUSE OF REPRESENTATIVES high level manager in State, City and County HON. BETTY McCOLLUM governments and has worked with nonprofits Tuesday, November 15, 2016 and in the private sector, as well. While work- OF MINNESOTA Mr. CONAWAY. Mr. Speaker, I include in IN THE HOUSE OF REPRESENTATIVES ing for Wisconsin State Government, Leonor the RECORD the following: held many positions including Job Service Bu- Tuesday, November 15, 2016 Whereas, a sustainable agricultural system reau Director where she was responsible for is crucial to the continued production of food, Ms. MCCOLLUM. Mr. Speaker, on Novem- the oversight of 72 Job Service locations feed, and fiber to meet both domestic and ber 13, President-elect Donald Trump an- throughout the state including managing staff global demand; and nounced his intention to appoint Stephen and services and assisting the unemployed Whereas, in the United States, the agri- Bannon, a Breitbart News executive, as chief and underemployed in job searches and offer- culture and food production industries employ strategist and senior counselor to the Presi- ing employment related workshops. precision farming equipment, crop protection dent. chemistries, genetic engineering or enhance- In response to this announcement, Richard I have had the great privilege of working ment, agricultural nutrients, and other modern Cohen—the president of the Southern Poverty with Leonor for over two decades, beginning technologies; such advanced practices protect Law Center, which tracks hate groups in the while I served in the Wisconsin State Assem- the safety of the public and reduce environ- United States—issued the following statement bly and extending to my years in Congress. In mental impact while expanding yields, improv- about Mr. Bannon and his past work: fact, I worked with her most recently in helping ing profitability, and ensuring an abundant and ‘‘Stephen Bannon, a man who led a media to establish the Milwaukee Brides Walk with affordable food supply; and empire into becoming what a former Breitbart the Latina Resource Center and on workforce Whereas, agricultural pests present signifi- editor called ‘a cesspool for white supremacist readiness programs. Leonor has the unique cant dangers to the industry and to global sup- mememakers,’ simply has no business in the ability to develop and lead personnel with ex- plies of the products they attack; accordingly, White House. tensive experience in employment and training the environmental risks of forgoing advances ‘‘In July, Bannon boasted that Breitbart and resource development and strategic plan- in agricultural technologies that protect crops News was ‘the platform for the alt-right.’ The ning. Leonor is a passionate critical thinker are severe; excessive regulation may scuttle alt-right, as we know, is simply a rebranding of with a heart of gold and enjoys working with or discourage the use of agricultural chemicals white nationalism and is the energy behind the people from various ethnic and educational that could improve human welfare; and avalanche of racist and anti-Semitic harass- backgrounds. Whereas, crop protection is among the most ment that plagued social media platforms for studied and highly regulated of all industries, the entire presidential campaign. Once the Mr. Speaker, I am proud to recognize Ms. at both the state and federal levels; the use of news of Bannon’s appointment hit white su- Leonor Rosas and proud to call her friend. sound science should be the bedrock of our premacist websites last night, forums like She is a true trailblazer for women and His- nation’s regulatory scheme for the agriculture Stormfront erupted in celebration. panics. In fact, Ms. Rosas gains great satis- and food production industries, as these in- ‘‘In his victory speech, Trump pledged to be faction in mentoring young Hispanic profes- dustries are critical to the economic vitality of the president for ‘all Americans’ and to ‘bind sionals insuring that all voices are heard in an Texas and the United States; now, therefore, the wounds of division’ in our country. Ap- equitable manner. I honor Leonor’s many ac- be it pointing someone like Bannon, who will have complishments and life time commitment to Resolved, That the Senate of the State of the president-elect’s ear every single day, the entire Milwaukee Community, the 4th Con- Texas, 84th Legislature, hereby express sup- makes a mockery of that pledge.’’ gressional District and the State of Wisconsin.

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HIGHLIGHTS See Re´sume´s of Congressional Activity (September and October). Senate grating coastal data with decision-support tools, Chamber Action training, and best practices and to support collection Routine Proceedings, pages S6317–S6386 of priority coastal geospatial data to inform and im- Measures Introduced: Two bills and two resolu- prove local, State, regional, and Federal capacities to tions were introduced, as follows: S. 2–3, and S.J. manage the coastal region, with an amendment in Res. 40–41. Page S6355 the nature of a substitute. (S. Rept. No. 114–369) Measures Reported: S. 1551, to provide for certain requirements relat- Reported on Thursday, October 27, during the ing to the Internet Assigned Numbers Authority adjournment: stewardship transition, with an amendment in the S. 2418, to authorize the Secretary of Homeland nature of a substitute. Security to establish university labs for student-de- Reported on Tuesday, November 15: veloped technology-based solutions for countering S. 1490, to establish an advisory office within the online recruitment of violent extremists, with an Bureau of Consumer Protection of the Federal Trade amendment in the nature of a substitute. (S. Rept. Commission to prevent fraud targeting seniors. (S. No. 114–365) Rept. No. 114–370) S. 1526, to amend title 10 and title 41, United S. 2219, to require the Secretary of Commerce to States Code, to improve the manner in which Federal conduct an assessment and analysis of the outdoor contracts for construction and design services are recreation economy of the United States, with an awarded, to prohibit the use of reverse auctions for amendment in the nature of a substitute. (S. Rept. design and construction services procurements, to No. 114–371) amend title 31 and 41, United States Code, to im- S. 3088, to provide a deadline for compliance prove the payment protections available to construc- with an alternate safety compliance program and for tion contractors, subcontractors, and suppliers for other purposes, with an amendment in the nature of work performed, with an amendment in the nature a substitute. (S. Rept. No. 114–372) of a substitute. (S. Rept. No. 114–366) S. 2564, to modernize prior legislation relating to S. 1717, to amend title 46, United States Code, Dine College. (S. Rept. No. 114–373) Page S6355 to exempt old vessels that only operate within inland waterways from the fire-retardant materials require- Measures Passed: ment if the owners of such vessels make annual Gold Star Families Voices Act: Committee on structural alterations to at least 10 percent of the Rules and Administration was discharged from fur- areas of the vessels that are not constructed of fire- ther consideration of H.R. 4511, to amend the Vet- retardant materials. (S. Rept. No. 114–367) erans’ Oral History Project Act to allow the collec- S. 1916, to include skilled nursing facilities as a tion of video and audio recordings of biographical type of health care provider under section 254(h) of histories by immediate family members of members the Communications Act of 1934. (S. Rept. No. of the Armed Forces who died as a result of their 114–368) service during a period of war, and the bill was then S. 2325, to require the Secretary of Commerce, passed by a unanimous vote of 97 yeas (Vote No. acting through the Administrator of the National 152). Pages S6324–26 Oceanic and Atmospheric Administration, to establish a constituent-driven program to provide a digital information platform capable of efficiently inte- D1036

VerDate Sep 11 2014 06:13 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO6.REC D15NOPT1 smartinez on DSK3GLQ082PROD with DIGEST November 15, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1037 Measures Considered: pursuant to the provisions of Public Law 114–215, American Energy and Conservation Act: Senate the appointment of the following individuals to began consideration of the motion to proceed to con- serve as members of the John F. Kennedy Centennial sideration of S. 3110, to provide for reforms of the Commission: Senators McCain and Hatch. Page S6317 administration of the outer Continental Shelf of the United States Commission on Civil Rights: The United States, to provide for the development of Chair, on behalf of the President pro tempore and geothermal, solar, and wind energy on public land. upon the recommendation of the Democratic Leader, Page S6330 pursuant to Public Law 98–183, as amended by A motion was entered to close further debate on Public Law 103–419, reappointed the following in- the motion to proceed to consideration of the bill, dividual to the United States Commission on Civil and, in accordance with the provisions of rule XXII Rights: David Kladney of Nevada. Page S6317 of the Standing Rules of the Senate, a vote on clo- United States-China Economic Security Review ture will occur on Thursday, November 17, 2016. Commission: The Chair announced, on behalf of the Page S6330 Democratic Leader, pursuant to the provisions of A unanimous-consent agreement was reached pro- Public Law 106–398, as amended by Public Law viding for further consideration of the motion to 108–7, and in consultation with the Chairmen of the proceed to consideration of the bill at approximately Senate Committee on Armed Services and the Senate 2:30 p.m., on Wednesday, November 16, 2016. Committee on Finance, the reappointment of the fol- Page S6376 lowing individual to serve as a member of the Appointments: United States-China Economic Security Review Creating Options for Veterans’ Expedited Recov- Commission: Katherine Tobin of Virginia. ery (COVER Commission): The Chair announced, Page S6317 on behalf of the Democratic Leader, pursuant to the United States Semiquincentennial Commission: provisions of Public Law 114–198, the appointment The Chair announced, on behalf of the Democratic of the following individuals to serve as members of Leader, pursuant to the provisions of Public Law the Creating Options for Veterans’ Expedited Recov- 114–196, the appointment of the following individ- ery (COVER Commission): Dr. Wayne Jonas of Vir- uals to serve as members of the United States ginia (Veteran) and Jon Soltz of Virginia (Veteran). Semiquincentennial Commission: Members of the Page S6317 Senate: Senators Casey and Shaheen. Private Citizens: World War I Centennial Commission: The Dr. Andrew Hohns of Pennsylvania, David Cohen of Chair, on behalf of the Majority Leader, pursuant to Pennsylvania, Heather Murren of Nevada, and James Public Law 112–272, appointed the following indi- Swanson of the District of Columbia. Pages S6317–18 vidual to be a member of the World War I Centen- Nominations Received: Senate received the fol- nial Commission: Terry Hamby of Kentucky. lowing nominations: Page S6317 Rainey Ransom Brandt, of the District of Colum- Federal Law Enforcement Congressional Badge bia, to be an Associate Judge of the Superior Court of Bravery Board: The Chair announced, on behalf of the District of Columbia. of the Majority Leader and the Democratic Leader, 44 Air Force nominations in the rank of general. pursuant to the Public Law 110–298, the appoint- 95 Army nominations in the rank of general. ment of the following individual to serve as a mem- 5 Coast Guard nominations in the rank of admi- ber of the Federal Law Enforcement Congressional ral. Badge of Bravery Board: Rick McCubbin of Ken- 1 Navy nomination in the rank of admiral. tucky (vice Michael Harris of Nevada). Page S6317 Routine lists in the Air Force, Army, Coast State and Local Law Enforcement Congressional Guard, Foreign Service, and Navy. Pages S6376–86 Badge of Bravery Board: The Chair announced, on Messages from the House: Pages S6338–39 behalf of the Majority Leader and the Democratic Leader, pursuant to Public Law 110–298, the ap- Measures Referred: Page S6339 pointment of the following individual to serve as a Measures Placed on the Calendar: member of the State and Local Law Enforcement Pages S6317, S6339 Congressional Badge of Bravery Board: Michael Wal- Enrolled Bills Presented: Page S6339 ters of Nevada (vice Mike Hettich of Kentucky). Page S6317 Executive Communications: Pages S6339–52 John F. Kennedy Centennial Commission: The Petitions and Memorials: Pages S6352–55 Chair announced, on behalf of the Majority Leader, Additional Cosponsors: Pages S6355–58

VerDate Sep 11 2014 06:13 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO6.REC D15NOPT1 smartinez on DSK3GLQ082PROD with DIGEST D1038 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2016 Statements on Introduced Bills/Resolutions: Committee Meetings Additional Statements: Pages S6338 Authorities for Committees to Meet: Page S6358 (Committees not listed did not meet) Record Votes: One record vote was taken today. BUSINESS MEETING (Total—152) Page S6326 Committee on Environment and Public Works: Com- Adjournment: Senate convened at 4 p.m. and ad- mittee ordered favorably reported 12 General Serv- journed at 6:49 p.m., until 2:30 p.m. on Wednes- ices Administration resolutions. day, November 16, 2016. (For Senate’s program, see NOMINATIONS the remarks of the Majority Leader in today’s Record on page S6376.) Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine the nominations of Robert G. Taub, of New York, and Mark D. Acton, of Kentucky, both to be a Commis- sioner of the Postal Regulatory Commission, after the nominees testified and answered questions in their own behalf. h House of Representatives Women, Peace, and Security Act of 2016: H.R. Chamber Action 5332, amended, to ensure that the United States Public Bills and Resolutions Introduced: 8 public promotes the meaningful participation of women in bills, H.R. 6316–6323; and 1 resolution, H. Con. mediation and negotiations processes seeking to pre- Res. 172 were introduced. Pages H6238–39 vent, mitigate, or resolve violent conflict; Additional Cosponsors: Pages H6239–40 Pages H6189–92 Agreed to amend the title so as to read: ‘‘To en- Reports Filed: Reports were filed today as follows: sure that the United States promotes the meaningful H.R. 5843, to establish a grant program at the participation of women in mediation and negotiation Department of Homeland Security to promote coop- processes seeking to prevent, mitigate, or resolve vio- erative research and development between the lent conflict.’’. Page H6192 United States and Israel on cybersecurity, with an amendment (H. Rept. 114–826); and Caesar Syria Civilian Protection Act of 2016: H.R. 5877, to amend the Homeland Security Act H.R. 5732, amended, to halt the wholesale slaughter of 2002 and the United States-Israel Strategic Part- of the Syrian people, encourage a negotiated political nership Act of 2014 to promote cooperative home- settlement, and hold Syrian human rights abusers ac- land security research and antiterrorism programs re- countable for their crimes; and Pages H6192–H6202 lating to cybersecurity, and for other purposes, with Iran Sanctions Extension Act: H.R. 6297, to rean amendment (H. Rept. 114–827, Part 1). authorize the Iran Sanctions Act of 1996, by a 2⁄3 Page H6238 yea-and-nay vote of 419 yeas to 1 nay, Roll No. Suspensions: The House agreed to suspend the rules 577. Pages H6202–07, H6208 and pass the following measures: Recess: The House recessed at 12:59 p.m. and re- Urging respect for the constitution of the Demo- convened at 3:38 p.m. Page H6192 cratic Republic of the Congo in the democratic Quorum Calls—Votes: Two yea-and-nay votes de- transition of power in 2016: H. Res. 780, amend- veloped during the proceedings of today and appear ed, urging respect for the constitution of the Demo- on pages H6207–08 and H6208. There were no cratic Republic of the Congo in the democratic tran- quorum calls. 2 sition of power in 2016, by a ⁄3 yea-and-nay vote Adjournment: The House met at 12 noon and ad- of 416 yeas to 3 nays, Roll No. 578; journed at 7:28 p.m. Pages H6185–89, H6207–08

VerDate Sep 11 2014 06:13 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO6.REC D15NOPT1 smartinez on DSK3GLQ082PROD with DIGEST November 15, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1039 Committee Meetings ONGOING INTELLIGENCE ACTIVITIES Permanent Select Committee on Intelligence: Full Com- DISRUPTER SERIES: SELF-DRIVING CARS mittee held a hearing entitled ‘‘Ongoing Intelligence Committee on Energy and Commerce: Subcommittee on Activities’’. This hearing was closed. Commerce, Manufacturing, and Trade held a hearing entitled ‘‘Disrupter Series: Self-Driving Cars’’. Testi- mony was heard from Mark Rosekind, Adminis- Joint Meetings trator, National Highway Traffic Safety Administra- tion; Kirk Steudle, Director, Michigan Department ARCTIC NUCLEAR POLLUTION of Transportation; and public witnesses. Commission on Security and Cooperation in Europe: Com- EXAMINING THE SEC’S AGENDA, mission received a briefing on nuclear pollution in OPERATIONS, AND FY 2018 BUDGET the Arctic from Julia Gourley, Senior Arctic Official, REQUEST Department of State; Nils Bohmer, Bellona Founda- Committee on Financial Services: Full Committee held tion, Oslo, Norway; and Jon Rahbek-Clemmensen, a hearing entitled ‘‘Examining the SEC’s Agenda, Center for Strategic and International Studies, Co- Operations, and FY 2018 Budget Request’’. Testi- penhagen, Denmark. mony was heard from Mary Jo White, Chair, Securi- f ties and Exchange Commission. NEW PUBLIC LAWS LEGISLATIVE MEASURE (For last listing of Public Laws, see DAILY DIGEST, p. D979) Committee on Natural Resources: Subcommittee on Fed- S. 2040, to deter terrorism, provide justice for vic- eral Lands held a hearing on H.R. 5718, the ‘‘Cen- tims. Signed on September 28, 2016. (Public Law tral Wasatch National Conservation and Recreation 114–222) Area Act’’. Testimony was heard from Representative H.R. 5325, making continuing appropriations for Chaffetz; Glenn Casamassa, Deputy Chief for the fiscal year 2017. Signed on September 29, 2016. National Forest System, U.S. Forest Service; Tom (Public Law 114–223) Dolan, Mayor, Sandy City, Utah; and public wit- H.R. 2615, to establish the Virgin Islands of the nesses. United States Centennial Commission. Signed on LEGISLATIVE MEASURES September 29, 2016. (Public Law 114–224) H.R. 5252, to designate the United States Cus- Committee on Natural Resources: Subcommittee on En- toms and Border Protection Port of Entry located at ergy and Mineral Resources held a hearing on H.R. 1400 Lower Island Road in Tornillo, Texas, as the 866, the ‘‘Federal Land Freedom Act of 2015’’; and ‘‘Marcelino Serna Port of Entry’’. Signed on Sep- H.R. 1484, the ‘‘Honor the Nevada Enabling Act of tember 29, 2016. (Public Law 114–225) 1864 Act’’. Testimony was heard from Demar Dahl, H.R. 5936, to authorize the Secretary of Veterans Elko County Commissioner, Deeth, Nevada; and Affairs to enter into certain leases at the Department public witnesses. of Veterans Affairs West Los Angeles Campus in Los MISCELLANEOUS MEASURES Angeles, California, to make certain improvements Committee on Natural Resources: Full Committee began to the enhanced-use lease authority of the Depart- a markup on H.R. 1219, the ‘‘Arbuckle Project ment. Signed on September 29, 2016. (Public Law Maintenance Complex and District Office Convey- 114–226) ance Act of 2015’’; H.R. 3711, the ‘‘Chicano Park H.R. 5937, to amend title 36, United States Preservation Act’’; H.R. 4366, the ‘‘San Luis Unit Code, to authorize the American Battle Monuments Drainage Resolution Act’’; and H.R. 5633, the Commission to acquire, operate, and maintain the ‘‘Blackfeet Water Rights Settlement Act’’. Lafayette Escadrille Memorial in Marnes-la-Coquette, France. Signed on September 29, 2016. (Public Law OVERSIGHT OF THE SECRET SERVICE 114–227) Committee on Oversight and Government Reform: Full H.R. 5985, to amend title 38, United States Committee held a hearing entitled ‘‘Oversight of the Code, to extend certain expiring provisions of law Secret Service’’. Testimony was heard from John administered by the Secretary of Veterans Affairs. Roth, Inspector General, Department of Homeland Signed on September 29, 2016. (Public Law Security; Tom Dougherty, Chief Strategy Officer, Se- 114–228) cret Service; Brigadier General Kevin Nally (retired), S. 1878, to extend the pediatric priority review Chief Information Officer, Secret Service; and a pub- voucher program. Signed on September 30, 2016. lic witness. (Public Law 114–229)

VerDate Sep 11 2014 06:13 Nov 16, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO6.REC D15NOPT1 smartinez on DSK3GLQ082PROD with DIGEST D1040 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2016 H.R. 1475, to authorize a Wall of Remembrance tion Administration. Signed on October 7, 2016. as part of the Korean War Veterans Memorial and (Public Law 114–242) to allow certain private contributions to fund that S. 3283, to designate the community-based out- Wall of Remembrance. Signed on October 7, 2016. patient clinic of the Department of Veterans Affairs (Public Law 114–230) in Pueblo, Colorado, as the ‘‘PFC James Dunn VA H.R. 2494, to support global anti-poaching ef- Clinic’’. Signed on October 7, 2016. (Public Law forts, strengthen the capacity of partner countries to 114–243) counter wildlife trafficking, designate major wildlife S. 246, to establish the Alyce Spotted Bear and trafficking countries. Signed on October 7, 2016. Walter Soboleff Commission on Native Children. (Public Law 114–231) Signed on October 14, 2016. (Public Law 114–244) H.R. 2733, to require the Secretary of the Interior f to take land into trust for certain Indian tribes. COMMITTEE MEETINGS FOR WEDNESDAY, Signed on October 7, 2016. (Public Law 114–232) NOVEMBER 16, 2016 H.R. 3004, to amend the Gullah/Geechee Cul- tural Heritage Act to extend the authorization for (Committee meetings are open unless otherwise indicated) the Gullah/Geechee Cultural Heritage Corridor Senate Commission. Signed on October 7, 2016. (Public Committee on Appropriations: Subcommittee on Energy Law 114–233) and Water Development, to hold hearings to examine the H.R. 3937, to designate the building utilized as future of nuclear power, 2:30 p.m., SD–138. a United States courthouse located at 150 Reade Cir- Subcommittee on Transportation, Housing and Urban cle in Greenville, North Carolina, as the ‘‘Randy D. Development, and Related Agencies, to hold hearings to Doub United States Courthouse’’. Signed on October examine the automated and self-driving vehicle revolu- 7, 2016. (Public Law 114–234) tion, focusing on the role of government, 2:30 p.m., H.R. 5147, to amend title 40, United States SD–192. Committee on Commerce, Science, and Transportation: to Code, to require restrooms in public buildings to be hold hearings to examine exploring augmented reality, 3 equipped with baby changing facilities. Signed on p.m., SR–253. October 7, 2016. (Public Law 114–235) H.R. 5578, to establish certain rights for sexual House assault survivors. Signed on October 7, 2016. (Public Committee on Agriculture, Full Committee, hearing enti- Law 114–236) tled ‘‘Past, Present, and Future of SNAP: Opportunities H.R. 5883, to amend the Packers and Stockyards for Improving Access to Food’’, 10 a.m., 1300 Long- Act, 1921, to clarify the duties relating to services worth. Committee on Energy and Commerce, Subcommittee on furnished in connection with the buying or selling Communications and Technology; and Subcommittee on of livestock in commerce through online, video, or Commerce, Manufacturing, and Trade, joint hearing enti- other electronic methods. Signed on October 7, tled ‘‘Understanding the Role of Connected Devices in 2016. (Public Law 114–237) Recent Cyber Attacks’’, 10 a.m., 2322 Rayburn. H.R. 5944, to amend title 49, United States Committee on Financial Services, Subcommittee on Hous- Code, with respect to certain grant assurances. ing and Insurance, hearing entitled ‘‘Modernizing Ap- Signed on October 7, 2016. (Public Law 114–238) praisals: A Regulatory Review and the Future of the In- H.R. 5946, to amend the Internal Revenue Code dustry’’, 10 a.m., 2128 Rayburn. of 1986 to exclude from gross income any prizes or Committee on House Administration, Full Committee, markup on a supplemental funding resolution of original awards won in competition in the Olympic Games jurisdiction, 4:45 p.m., 1310 Longworth. or the Paralympic Games. Signed on October 7, Committee on the Judiciary, Full Committee, markup on 2016. (Public Law 114–239) H.R. 5422, to ensure funding for the National Human S. 1004, to amend title 36, United States Code, Trafficking Hotline, and for other purposes; and H.R. to encourage the nationwide observance of two min- 1669, the ‘‘Judgment Fund Transparency Act of 2015’’, utes of silence each Veterans Day. Signed on October 10 a.m., 2237 Rayburn. 7, 2016. (Public Law 114–240) Committee on Natural Resources, Full Committee, markup S. 1698, to exclude payments from State eugenics on H.R. 1219, the ‘‘Arbuckle Project Maintenance Com- compensation programs from consideration in deter- plex and District Office Conveyance Act of 2015’’; H.R. 3711, the ‘‘Chicano Park Preservation Act’’; H.R. 4366, mining eligibility for, or the amount of, Federal the ‘‘San Luis Unit Drainage Resolution Act’’; and H.R. public benefits. Signed on October 7, 2016. (Public 5633, the ‘‘Blackfeet Water Rights Settlement Act’’ (con- Law 114–241) tinued), 10:30 a.m., 1324 Longworth. S. 2683, to include disabled veteran leave in the Committee on Oversight and Government Reform, Full Com- personnel management system of the Federal Avia- mittee, markup on the ‘‘Overtime Pay for Secret Service

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Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through September 30, 2016 January 4 through September 30, 2016 Senate House Total Civilian nominations, totaling 340 (including 181 nominations carried Days in session ...... 128 108 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 688 hrs., 12 562 hrs., 35 .. Confirmed ...... 82 Congressional Record: Unconfirmed ...... 246 Pages of proceedings ...... 6,287 6,110 . . Withdrawn ...... 12 Extensions of Remarks ...... 1,427 . . Public bills enacted into law ...... 42 72 114 Other Civilian nominations, totaling 1,414 (including 97 nominations carried over from the First Session), disposed of as follows: Private bills enacted into law ...... Bills in conference ...... 3 3 . . Confirmed ...... 1,401 Measures passed, total ...... 365 549 914 Unconfirmed ...... 12 Senate bills ...... 68 52 . . Withdrawn ...... 1 House bills ...... 81 379 . . Air Force nominations, totaling 5,434 (including 181 nominations Senate joint resolutions ...... 1 1 . . carried over from the First Session), disposed of as follows: House joint resolutions ...... 1 1 . . Confirmed ...... 5,407 Senate concurrent resolutions ...... 12 7 . . Unconfirmed ...... 27 House concurrent resolutions ...... 12 21 . . Simple resolutions ...... 190 88 . . Army nominations, totaling 5,663 (including 1,740 nominations car- Measures reported, total ...... *262 409 671 ried over from the First Session), disposed of as follows: Senate bills ...... 193 8 . . Confirmed ...... 5,646 House bills ...... 36 335 . . Unconfirmed ...... 17 Senate joint resolutions ...... House joint resolutions ...... 2 . . Navy nominations, totaling 4,347 (including 5 nominations carried Senate concurrent resolutions ...... 4 . . . . over from the First Session), disposed of as follows: House concurrent resolutions ...... 5 . . Confirmed ...... 4,338 Simple resolutions ...... 29 59 . . Unconfirmed ...... 7 Special reports ...... 10 4 . . Withdrawn ...... 2 Conference reports ...... 2 2 . . Marine Corps nominations, totaling 1,244 (including 3 nominations Measures pending on calendar ...... 423 100 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 1,344 2,417 3,761 Bills ...... 1,033 1,984 .. Confirmed ...... 1,243 Joint resolutions ...... 11 22 . . Unconfirmed ...... 1 Concurrent resolutions ...... 29 65 . . Simple resolutions ...... 271 346 . . Summary Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 2,207 Yea-and-nay votes ...... 151 238 . . Total nominations received this Session ...... 16,235 Recorded votes ...... 335 . . Total confirmed ...... 18,117 Bills vetoed ...... 2 3 . . Total unconfirmed ...... 310 Vetoes overridden ...... 1 1 . . Total withdrawn ...... 15 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accompanying report. A total of 165 written reports have been filed in the Senate, 415 reports have been filed in the House.

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Re´sume´ of Congressional Activity

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through October 31, 2016 January 4 through October 31, 2016 Senate House Total Civilian nominations, totaling 340 (including 181 nominations carried Days in session ...... 138 108 . . over from the First Session), disposed of as follows: ′ ′ Time in session ...... 688 hrs., 22 562 hrs., 35 .. Confirmed ...... 82 Congressional Record: Unconfirmed ...... 246 Pages of proceedings ...... 6,307 6,110 . . Withdrawn ...... 12 Extensions of Remarks ...... 1,427 . . Public bills enacted into law ...... 47 82 129 Other Civilian nominations, totaling 1,414 (including 97 nominations carried over from the First Session), disposed of as follows: Private bills enacted into law ...... Bills in conference ...... 3 3 . . Confirmed ...... 1,401 Measures passed, total ...... 365 549 914 Unconfirmed ...... 12 Senate bills ...... 68 52 . . Withdrawn ...... 1 House bills ...... 81 379 . . Air Force nominations, totaling 5,434 (including 181 nominations Senate joint resolutions ...... 1 1 . . carried over from the First Session), disposed of as follows: House joint resolutions ...... 1 1 . . Confirmed ...... 5,407 Senate concurrent resolutions ...... 12 7 . . Unconfirmed ...... 27 House concurrent resolutions ...... 12 21 . . Simple resolutions ...... 190 88 . . Army nominations, totaling 5,663 (including 1,740 nominations car- Measures reported, total ...... * 268 409 677 ried over from the First Session), disposed of as follows: Senate bills ...... 199 8 . . Confirmed ...... 5,646 House bills ...... 36 335 . . Unconfirmed ...... 17 Senate joint resolutions ...... House joint resolutions ...... 2 . . Navy nominations, totaling 4,347 (including 5 nominations carried Senate concurrent resolutions ...... 4 . . . . over from the First Session), disposed of as follows: House concurrent resolutions ...... 5 . . Confirmed ...... 4,338 Simple resolutions ...... 29 59 . . Unconfirmed ...... 7 Special reports ...... 10 4 . . Withdrawn ...... 2 Conference reports ...... 2 2 . . Marine Corps nominations, totaling 1,244 (including 3 nominations Measures pending on calendar ...... 429 100 . . carried over from the First Session), disposed of as follows: Measures introduced, total ...... 1,344 2,417 3,761 Bills ...... 1,033 1,984 .. Confirmed ...... 1,243 Joint resolutions ...... 11 22 . . Unconfirmed ...... 1 Concurrent resolutions ...... 29 65 . . Simple resolutions ...... 271 346 . . Summary Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 2,207 Yea-and-nay votes ...... 151 238 . . Total nominations received this Session ...... 16,235 Recorded votes ...... 335 . . Total confirmed ...... 18,117 Bills vetoed ...... 2 3 . . Total unconfirmed ...... 310 Vetoes overridden ...... 1 1 . . Total withdrawn ...... 15 Total returned to the White House ...... 0 * These figures include all measures reported, even if there was no accompanying report. A total of 170 written reports have been filed in the Senate, 415 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2:30 p.m., Wednesday, November 16 10 a.m., Wednesday, November 16

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the motion to proceed to consideration of S. 5711—To prohibit the Secretary of the Treasury from au- 3110, American Energy and Conservation Act. thorizing certain transactions by a U.S. financial institution in connection with the export or re-export of a commercial passenger aircraft to the Islamic Republic of Iran (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Huffman, Jared, Calif., E1463, E1464 Norcross, Donald, N.J., E1465, E1471, E1476, E1479, Jackson Lee, Sheila, Tex., E1471, E1476, E1477, E1480, E1481, E1483 Barletta, Lou, Pa., E1470, E1478, E1484 E1482, E1487 O’Rourke, Beto, Tex., E1488 Carney, John C., Jr., E1463 Jenkins, Evan H., W.Va., E1479, E1485 Perry, Scott, Pa., E1465, E1466, E1467 Carter, John R., Tex., E1485 Knight, Stephen, Calif., E1471 Peterson, Collin C., Minn., E1485 Cartwright, Matt, Pa., E1472, E1476, E1479, E1483, Lee, Barbara, Calif., E1464, E1466, E1468, E1472, E1473, Poe, Ted, Tex., E1473, E1474 E1486 E1477, E1478, E1480, E1483, E1483 Quigley, Mike, Ill., E1481 Coffman, Mike, Colo., E1482 Lieu, Ted, Calif., E1486 Rangel, Charles B., N.Y., E1481, E1484 Conaway, K. Michael, Tex., E1488 Lipinski, Daniel, Ill., E1470 Reed, Tom, N.Y., E1472 Costa, Jim, Calif., E1467, E1468, E1472, E1473, E1477, Lofgren, Zoe, Calif., E1486 Riggell, E. Scott, Va., E1475 E1479, E1480, E1482, E1484 Courtney, Joe, Conn., E1487 Lowenthal, Alan S., Calif., E1467 Roskam, Peter J., Ill., E1464, E1465 DeSaulnier, Mark, Calif., E1464, E1487, E1487 Luetkemeyer, Blaine, Mo., E1470, E1471, E1471, E1472, Sewell, Terri A., Ala., E1475 Duffy, Sean, P., Wisc., E1478, E1486 E1473 Stefanik, Elise M., N.Y., E1470 Duncan, John J., Jr., Tenn., E1485 Marchant, Kenny, Tex., E1482 Thompson, Mike, Calif., E1466 Emmer, Tom, Minn., E1476, E1479, E1486 McCollum, Betty, Minn., E1488 Valadao, David G., Calif., E1465, E1469, E1473 Granger, Kay, Tex., E1477 McKinley, David B., W.Va., E1467 Van Hollen, Chris, Md., E1465 Higgins, Brian, N.Y., E1468, E1469 Meehan, Patrick, Pa., E1463, E1463 Webster, Daniel, Fla., E1468 Hill, J. French, Ark., E1476 Moore, Gwen, Wisc., E1463, E1488 Woodall, Rob, Ga., E1466

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