Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, FRIDAY, MAY 17, 2013 No. 70 Senate The Senate was not in session today. Its next meeting will be held on Monday, May 20, 2013, at 2 p.m. House of Representatives FRIDAY, MAY 17, 2013

The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE Mr. Speaker, I will move an amend- called to order by the Speaker. The SPEAKER. Will the gentleman ment when the National Defense Au- thorization Act comes to the House f from California (Mr. MCNERNEY) come forward and lead the House in the floor that will direct the Secretary of PRAYER Pledge of Allegiance. Defense to determine what the current Mr. MCNERNEY led the Pledge of Al- excess capacity is so that we will know The Chaplain, the Reverend Patrick legiance as follows: the potential savings from doing an- J. Conroy, offered the following prayer: other Base Realignment and Closure Loving and gracious God, we give I pledge allegiance to the Flag of the United States of America, and to the Repub- Commission. You thanks for giving us another day. lic for which it stands, one nation under God, I support the administration and its Help us this day to draw closer to indivisible, with liberty and justice for all. call for another Base Realignment and You so that, with Your Spirit and f Closure Commission in 2015. Every dol- aware of Your presence among us, we lar wasted in the Defense budget is a ANNOUNCEMENT BY THE SPEAKER may all face the tasks of this day. dollar that is not spent on defending Bless the Members of the people’s The SPEAKER. The Chair will enter- our Nation. House. Help them to think clearly, tain up to five requests for 1-minute I ask that my colleagues in the speak confidently, and act coura- speeches on each side of the aisle. House support my amendment when it geously in the belief that all noble f comes to the floor. service is based upon patience, truth, and love. THE CALL FOR A BASE REALIGN- f MENT AND CLOSURE COMMIS- May these decisive days through ABUSE OF POWER BY THE IRS which we are living make them gen- SION uine enough to maintain their integ- (Mr. COFFMAN asked and was given (Mr. BARROW of Georgia asked and rity, great enough to be humble, and permission to address the House for 1 was given permission to address the good enough to keep their faith, always minute and to revise and extend his re- House for 1 minute and to revise and regarding public office as a sacred marks.) extend his remarks.) trust. Give them the wisdom and the Mr. COFFMAN. Mr. Speaker, in a Mr. BARROW of Georgia. Mr. Speak- courage to fail not their fellow citizens hearing before the House Armed Serv- er, I rise on behalf of the folks in my nor You. ices Committee on April 25, I asked the district in Georgia who are witnessing May all that is done this day be for Secretary of the Army, John McHugh, a series of serious missteps in the Fed- Your greater honor and glory. if he could give me an idea of what the eral Government, giving rise to an un- Amen. excess capacity is for Army installa- precedented level of distrust in govern- tions in the United States. ment. f The Secretary informed me that the This week, we learned that the Inter- last study was done in 2004, and it nal Revenue Service used inappropriate THE JOURNAL found that the excess capacity was at criteria to delay or stall conservative The SPEAKER. The Chair has exam- 20 percent. He stated that the number organizations applying for tax-exempt ined the Journal of the last day’s pro- would probably be much higher today status. This is a totally unacceptable ceedings and announces to the House but that he had no way of knowing abuse of the power the IRS has in our his approval thereof. since Congress had prohibited him from government, and calls into question Pursuant to clause 1, rule I, the Jour- using any funds to study the issue fur- any future decisions made by that nal stands approved. ther. agency.

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 Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.000 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2722 CONGRESSIONAL RECORD — HOUSE May 17, 2013 Trust in the Federal Government is dress the House for 1 minute and to re- minute and to revise and extend his re- already at an all-time low. To help revise and extend his remarks.) marks.) gain any of that trust, it is essential Mr. WILSON of South Carolina. Mr. Mr. WITTMAN. Mr. Speaker, I rise that all personnel involved in this mis- Speaker, yesterday, the House passed for the folks in my district being fur- use of power be held accountable. the 37th piece of legislation that re- loughed because of indecision, political We’ve got serious work to do in Con- places, repeals, or defunds the govern- gamesmanship, and the failure to act gress, but this sort of trouble only ment health care takeover bill. in Washington. takes time and attention away from House Republicans warned the Amer- Our Nation has no greater asset than the work we need to do. ican people that the legislation’s effect the folks serving our Nation, including I urge my colleagues to investigate would be devastating to patients, to those who make up our Department of this matter swiftly and get on with the health care providers, and to small Defense, both military and civilian work we’ve been sent here to do. businesses—destroying jobs. alike. Their dedication and service to f In recent weeks, there has been bi- our Nation is unwavering. Unfortu- NATIONAL POLICE WEEK partisan recognition of the failure of nately, those same patriots have lived the government’s health care takeover. for months with the uncertainty of the (Mrs. WALORSKI asked and was given permission to address the House Senator MAX BAUCUS has warned that sequester. for 1 minute and to revise and extend ObamaCare’s implementation will be a Many of those who have dedicated her remarks.) train wreck. Sadly, thousands of new themselves to ensuring equipment is Mrs. WALORSKI. I rise today to IRS agents who deny free speech will repaired and ready for our Armed honor the service and sacrifice of our now control health care. Forces are being forced to step away Nation’s police officers. The good news is that there is still from their lives. Even the children of This week is Police Week, and I urge time for repeal. The House has acted in our military families will not be all Americans to take time and thank the best interests of American fami- spared. Teachers at DOD schools are the men and women who keep us safe lies. It is my hope that the Senate will being furloughed, too. and to reflect on the heroes we have consider our efforts and pass legisla- The administration had flexibility to lost in the line of duty. tion before it’s too late. make other choices. Furloughs are just I am continually impressed and hum- In conclusion, God bless our troops, one of the effects of compounding bled by the devoted efforts of law en- and we will never forget September the budget cuts on our Nation’s military, forcement officers in our communities. 11th in the global war on terrorism. and it affects this Nation’s military From tracking down criminals to con- Congratulations, Candice Glover of readiness. There are smarter solutions ducting safety programs for our kids, St. Helena Island, South Carolina, for to our Nation’s budget woes, and I our law enforcement officers work being the newest queen of ‘‘American voted for replacements for this short- around the clock, routinely putting Idol.’’ sighted sequester. themselves in harm’s way to keep us f Congress should not sit idly by. Let’s safe. fix this. Sometimes officers make the ulti- LARGE SYNOPTIC SURVEY mate sacrifice, leaving behind grieving TELESCOPE f loved ones and communities in mourn- (Mr. MCNERNEY asked and was ing. At times like these, there are no given permission to address the House STUDENT LOAN DEBT words to adequately express the grati- for 1 minute and to revise and extend (Mr. TIERNEY asked and was given tude that we owe to our law enforce- his remarks.) permission to address the House for 1 ment. Mr. MCNERNEY. I rise today to talk minute and to revise and extend his re- To all of our police officers, our Na- about the Large Synoptic Survey Tele- tion is grateful for your bravery and marks.) scope. This is an exciting, unique pub- integrity, and is indebted to your pub- Mr. TIERNEY. The student loan debt lic-private science project that is being lic service. is a crisis in this country, Mr. Speaker. developed in cooperation with the Na- More and more students approach me f tional Science Foundation, the Depart- in the district and post on my JACK PRATT ment of Energy’s Office of Science, and Facebook about their loan debt. (Mr. ISRAEL asked and was given with a number of small companies. I would like to share an excerpt from permission to address the House for 1 The idea behind the LSST is very the stories for those of my colleagues minute and to revise and extend his re- simple: take pictures of the entire who may not fully appreciate why it’s marks.) southern sky and measure everything so critical that we provide our students Mr. ISRAEL. Mr. Speaker, we who that moves or changes brightness, and and families with relief. serve too often overlook the hard work after 10 years of operation, the LSST Sharyn Lawler says this: and dedication of those who serve with will allow us to catalog billions of Please, Congressman Tierney, we need you us, the members of our staff. Today, I stars, galaxies, and other interstellar and your colleagues to get to the crux of the rise to recognize the dedication of Jack objects. This database will address the student loan debt crisis ASAP. Many stu- Pratt. most pressing questions in astronomy dents end up paying double or triple what Jack is my chief of staff. Today, he and physics, from potentially haz- they actually borrowed to go to college. This departs for new responsibilities. I hired ardous asteroids to the mysteries of is an outrage and seems out of sync with the him on my very first day in Congress 12 dark matter and dark energy. The de- original mission of the student loan program. People want to pay back fairly what years ago, and he rose through the velopment of the LSST will push the they borrowed, but the system actually ranks. More than almost anyone I boundaries of big science and com- seems rigged to make that impossible. know, I have depended on Jack in good puting. Earlier this week, it was reported times and in bad, through thick and I urge my colleagues to join me in that the Federal Government will earn thin. recognizing the importance of public- $51 billion in profit from student loan Now, with a new baby in his life, he private partnerships and their role in borrowers this year, which exceeds the opens up a new chapter of his life. I studying science, technology, engineer- earnings of the Nation’s most profit- wish him well and his wife, Kristin, and ing, and mathematics. Support for able companies and is roughly equal to two kids, Callie and William. these projects is critical. Thank you, Jack Pratt, my chief of the combined income of the four larg- staff and my friend. f est U.S. banks by assets. It’s time we stop using the Federal f b 0910 student loan program as a profit center THE ‘‘TRAIN WRECK’’ MUST BE DEPARTMENT OF DEFENSE for the government. We need to pass STOPPED FURLOUGHS legislation that stops the doubling of (Mr. WILSON of South Carolina (Mr. WITTMAN asked and was given the student loan interest rate by July asked and was given permission to ad- permission to address the House for 1 1 and turn our attention to the long-

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.002 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2723 term solution that will help new bor- crisis. Our mantra should be: jobs, jobs, GENERAL LEAVE rowers as well as the estimated 37 mil- jobs. Mr. SESSIONS. Mr. Speaker, I ask lion Americans that have existing stu- f unanimous consent that all Members dent loan debt. have 5 legislative days to revise and ex- f PROVIDING FOR CONSIDERATION tend their remarks. OF H.R. 1062, SEC REGULATORY The SPEAKER pro tempore. Is there IRS SCANDAL ACCOUNTABILITY ACT objection to the request of the gen- (Mr. WILLIAMS asked and was given Mr. SESSIONS. Mr. Speaker, by di- tleman from Texas? permission to address the House for 1 rection of the Committee on Rules, I There was no objection. minute and to revise and extend his re- call up House Resolution 216 and ask Mr. SESSIONS. House Resolution 216 marks.) for its immediate consideration. provides a structured rule for consider- Mr. WILLIAMS. Mr. Speaker, it has The Clerk read the resolution, as fol- ation of H.R. 1062. This rule provides been 2 bad weeks for the White House: lows: for discussion and opportunities for Benghazi coverups by the State De- every single Member of the majority H. RES. 216 partment officials, massive intrusion and the minority to participate in this into phone records by the Justice De- Resolved, That at any time after the adoption of this resolution the Speaker may, pur- debate. We made in order every single partment, and the forced resignation of suant to clause 2(b) of rule XVIII, declare the germane amendment that was sub- acting IRS Commissioner Steven Mil- House resolved into the Committee of the mitted to the Rules Committee on this ler and other top official, Joseph Whole House on the state of the Union for issue. Grant, after one of the most unbeliev- consideration of the bill (H.R. 1062) to im- Mr. Speaker, the legislation before us able abuses of government power in re- prove the consideration by the Securities today is really quite simple. It is a cent years. and Exchange Commission of the costs and commonsense solution to preventing After the IRS admitted to targeting benefits of its regulations and orders. The unnecessary and overly burdensome conservative groups with whose mes- first reading of the bill shall be dispensed government regulation, or perhaps an sages it disagrees, the American people with. All points of order against consideration of the bill are waived. General debate opportunity to understand why the were shocked by this politically moti- shall be confined to the bill and shall not ex- government might be perpetrating a vated discrimination. No matter what ceed one hour equally divided and controlled rule that would impact our free enter- party controls the White House, tax- by the chair and ranking minority member prise system. It requires the SEC to payers deserve to be treated fairly. of the Committee on Financial Services. perform cost-benefit analysis before fi- President Obama promised an open After general debate the bill shall be consid- nalizing any major rule. It also pre- and transparent government, yet these ered for amendment under the five-minute vents the implementation of the rule if government lies show a complete dis- rule. It shall be in order to consider as an the benefits do not outweigh the costs. regard for the Constitution. In fact, the original bill for the purpose of amendment under the five-minute rule an amendment in Through this bill, the American tax- Constitution’s Equal Protection Clause the nature of a substitute consisting of the payer will be protected from needless requires that the government treat all text of Rules Committee Print 113-10. That regulations that would impede eco- entities in a similar, fair, and equal amendment in the nature of a substitute nomic growth without providing effec- manner. shall be considered as read. All points of tive consumer protections. In other Let me be clear: no administration order against that amendment in the nature words, Mr. Speaker, we’re here to en- should ever use the IRS to target its of a substitute are waived. No amendment to sure that the SEC provides balance political opponent—no way, no how. I that amendment in the nature of a sub- with the rules and regulations that are will demand the administration be held stitute shall be in order except those printed in the report of the Committee on Rules ac- in a major context when it issues these accountable for this outrage. companying this resolution. Each such rules on the marketplace. This is the United States of America, amendment may be offered only in the order In January of 2011, President Obama Mr. Obama, not one of your European printed in the report, may be offered only by signed an executive order directing all buddies. a Member designated in the report, shall be non-independent agencies, such as the f considered as read, shall be debatable for the Department of Energy, the Department time specified in the report equally divided JOBS, JOBS, JOBS of Education, and others, to abide by and controlled by the proponent and an op- the same rules that we’re providing for ponent, shall not be subject to amendment, (Ms. WILSON of Florida asked and today in H.R. 1062. However, because it was given permission to address the and shall not be subject to a demand for division of the question in the House or in the is an independent agency, the SEC is House for 1 minute.) Committee of the Whole. All points of order not required to follow the President’s Ms. WILSON of Florida. Mr. Speaker, against such amendments are waived. At the rules. it’s now been 866 days since I arrived in conclusion of consideration of the bill for The legislation before us today cre- Congress, and the Republican leader- amendment the Committee shall rise and re- ates parity and opportunity for Con- ship has still not allowed a single vote port the bill to the House with such amend- gress to work with an agency and other on serious legislation to address our ments as may have been adopted. Any Mem- non-independent agencies on a better unemployment crisis. ber may demand a separate vote in the House on any amendment adopted in the way for them to promulgate the rules That’s zero votes to address our Na- that they do and show a balance in the tion’s most pressing emergency. That’s Committee of the Whole to the bill or to the amendment in the nature of a substitute marketplace, just like the President zero votes to address the sequester made in order as original text. The previous asked other government agencies to do. policies that are making our job crisis question shall be considered as ordered on immeasurably worse. Yet yesterday, the bill and amendments thereto to final b 0920 the Republican Congress took its 37th passage without intervening motion except Furthermore, this legislation in no vote to repeal the Affordable Care Act. one motion to recommit with or without in- way weakens consumer protections or Mr. Speaker, this was not only a co- structions. reduces accountability in the financial lossal waste of valuable time that The SPEAKER pro tempore (Mr. services industry. To the contrary, this could have been spent focusing on jobs HASTINGS of Washington). The gen- proposal ensures that regulations legislation, it’s a further step in the tleman from Texas is recognized for 1 issued by the SEC are effective and wrong direction. By expanding access hour. based on sound policy. Consumers and to health care, the Affordable Care Act Mr. SESSIONS. Mr. Speaker, for the businesses alike will benefit from a re- gives Americans more disposable in- purpose of debate only, I yield the cus- formed regulatory process. come, creating more customers for our tomary 30 minutes to my friend, the So I urge my colleagues to vote businesses and, in turn, more jobs. gentleman from Worcester, Massachu- ‘‘yes’’ on this rule and ‘‘yes’’ on the un- It’s time to bring the American Jobs setts (Mr. MCGOVERN), pending which I derlying legislation. Act to the floor. It deserves a vote. yield myself such time as I may con- I reserve the balance of my time. Investigate Benghazi; investigate the sume. During consideration of this res- Mr. MCGOVERN. Mr. Speaker, I want AP leaks; investigate the IRS; but, Mr. olution, all time yielded is for the pur- to thank the distinguished chairman of Speaker, don’t forget our focus, our pose of debate only. the Rules Committee, my friend Mr.

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.003 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2724 CONGRESSIONAL RECORD — HOUSE May 17, 2013 SESSIONS, for yielding me the cus- and will require the hiring of 20 addi- What’s interesting is that this piece tomary 30 minutes, and I yield myself tional staff. This is while sequestration of legislation that we’re handling now such time as I may consume. is causing the Federal Government to actually went to the banking com- (Mr. MCGOVERN asked and was shrink and agencies to furlough staff. mittee, Financial Services Committee, given permission to revise and extend In fact, right now sequestration is ac- as an agreement we more or less his remarks.) tually preventing the SEC from hiring thought would be a suspension item; in Mr. MCGOVERN. Mr. Speaker, here any more additional staff, the same ad- other words, a piece of legislation that we go again, another day in the House ditional staff that would be needed to there was widespread agreement on where we’re not focused on jobs, where implement this bill if it were ever to that it would be good to put in the we’re not focused on healing our ailing become law. rules as one of a group of pieces of leg- economy, where we’re not focused on I can only presume that the authors islation, this would be a good idea to the needs of the American people. of this bill are attempting to bog the have the SEC accept this as part of Yesterday, for the 37th time in 21⁄2 SEC down with additional, unneces- what they do when they issue a rule. years, this House passed a bill over- sary, and redundant mandates in order Now what’s happened is it has turned turning the Affordable Care Act. For to prevent the SEC from doing its job into a larger fight as a result of us the 37th time, my Republican friends of protecting investors. This bill actu- wanting to simply make sure that the decided to take up time on this House ally steers the SEC’s work toward rules that apply to other Federal agen- floor supporting a meaningless, par- minimizing costs to big businesses and cies also apply to independent agen- tisan bill to overturn a law that will investment banks. That’s what this cies. So we thought we were doing the dramatically improve the health care does. How is that protecting the indi- right thing to come and work together, of millions of Americans and is already vidual investor? and it’s fair, I guess, I assume, to do helping to lower our deficit. Perhaps For the life of me, I cannot under- that, even though we are trying to talk one day they will wake up from their stand why the Republican leadership about this rule today. Tea Party fever-dream and move on to wants to undermine the efforts of this If we want to talk about the budget more important priorities. agency to protect the individual inves- and things that are presently being Not only have they wasted time de- tor. We’re coming out of a historic re- evolved, then we need to listen to our bating a bill that won’t be considered cession, the worst economic crisis since Democratic friends about the budget. in the Senate, let alone signed into the Great Depression. They’re not happy because we passed in law, they are willfully ignoring the A big reason for the recession was this House an opportunity to have a budget process that they were so stri- the recklessness of investment banks budget that in the next 10 years would dently defending just a few months and financial institutions. Millions of balance, a balanced budget. ago. It’s been 55 days since the Senate Americans lost money they had put The gentleman PAUL RYAN, the passed its budget resolution, yet the into the stock market and entrusted to chairman of the Budget Committee, Republicans refuse to go to conference banks and financial institutions became up to the Rules Committee and to finish their work. This is the same cause of these institutions’ reckless ac- he spoke about how this President, Republican Party that passed a bill tions. We’re talking about college sav- every single year that Barack Obama is that says Members of Congress cannot ings, retirement accounts, and other President, with the help of former Speaker NANCY PELOSI and the Demo- be paid if we don’t produce a budget. nest eggs. Yet the Republican leader- crats, raised spending, put rules and Let me repeat: no budget, no pay. Yet ship would rather take the side of these regulations on the American people the Republicans refuse to finish the reckless financial institutions that that are causing the lowest level of job budget. All this flip-flopping is giving brought financial and economic ruin to creation that we’ve had in over 40 me whiplash, Mr. Speaker. our Nation, our communities, and our years, a trillion-dollar deficit every And today, we are presented with a families than stand up and fight for the single year. And even with this massive bill, along with a whopping three individual investor—the little guy. tax increase that was a signing bonus amendments made in order. So much They’d rather fight for Wall Street for the President that took place in De- for an open process. Whatever hap- than stand up for Main Street. cember, we still are going to run a tril- pened to open rules? Mr. Speaker, that’s not the right lion-dollar deficit. So what my friends, So let’s take a look at today’s bill. It thing to do. We should pass a budget the Democrats, said upstairs in the is a bill that would require the Securi- instead; we should pass the Van Hollen Rules Committee, what they’re for is ties and Exchange Commission, the sequestration replacement bill; we raising spending another trillion dol- SEC, to conduct even more extensive should pass a jobs bill; but we should lars and raising taxes another trillion cost-benefit analyses than it already not be wasting our time on a bill that dollars. does when proposing any rule or when will punish individual investors in Mr. Speaker, I do understand there’s issuing interpretive guidance. Who order to protect big banks. widespread disagreement. There’s wide- could be against cost-benefit analysis? Mr. Speaker, I urge my colleagues to spread disagreement when our friends That seems like a commonsense idea, vote ‘‘no’’ on the rule, and I urge my that control the Senate, the Demo- one that has merit and should be con- colleagues to vote ‘‘no’’ on the under- crats, want to do the exact same thing sidered by agencies. lying bill. I urge my Republican friends in their body to this country, raising Well, Mr. Speaker, here is where the to, some time soon, take up some legis- spending another trillion dollars, rais- devil is really in the details. The SEC lation that’s going to help put America ing taxes another trillion dollars. already does cost-benefit analyses on back to work and get our economy these rulings and regulations. It is al- back on the right track. b 0930 ready happening. So what’s the real With that, I reserve the balance of So they make a good point. Why purpose of this bill? Is there a problem my time won’t we appoint conferees? with the way the SEC is handling these Mr. SESSIONS. Mr. Speaker, I appre- Well, Speaker PELOSI, back in 2009, cost-benefit analyses? ciate my friend, the gentleman who took more than 2 months to do the Mr. Speaker, this bill is really about brings up many good points about jobs, exact same thing that they want us to putting more burdens on the SEC as job creation, the ability for this Con- do. they are attempting to fulfill their gress to be able to effectively hear What is occurring is that our chair- mandates under Dodd-Frank and do from the American people about the man, PAUL RYAN, is working with their their job to protect investors. This bill issues and ideas that they’re facing, chairman on the agreement of how places additional burdens on the SEC come to resolution in this body, work they would go about doing their job of to meet these new requirements—and with our friends in the Senate, and to having a conference on the budget be- I’d like to point out—without pro- get legislation to the President of the cause, you see, when you start so far viding any additional budget resources. United States. I think that should be apart, of trying to balance the budget, The nonpartisan Congressional Budg- and has been what our goal is about, trying to not put more rules and regu- et Office estimates that this bill will and it should be our goal also to find lations and taxes on the American peo- cost the SEC $23 million over 5 years common ground. ple to where they stand a better

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.006 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2725 chance, not only of taking care of their on the issue of the process. The way jobs bill, we have a bipartisan effort, own families, and providing for their the process is supposed to work, when and many Democrats joined up with children to go to college and to be able it comes to the budget, we pass a budg- Republicans on this bill, even though to pay for it, and to take care of their et in the House, the Senate passes a there were some concerns about it, so lifetime needs when they retire, that budget in the Senate, then you go to that we could try and see if we could requires a basic sense of simply agree- conference and you work out the dif- use a new approach to creating jobs. ing with what people are trying to do ferences. And guess what? In a con- But that’s going to get delayed because versus having the government come ference, you don’t get everything you now they’re attacking the SEC. and provide a government-run health want, and we don’t get everything we Mr. SESSIONS. Mr. Speaker, you care system, having the government want, especially when there’s a divided know, I think it’s very interesting that provide student loans, having the gov- government, the way it is right now. they’re trying to argue that we’re try- ernment expand government and take Compromise is something that has to ing to get in the way of the SEC. Yet care of people endlessly. take place. the SEC, in their rules and regulations, And so there’s two different visions, And so I would just take issue with have put an impact on small business one of raising taxes $1 trillion, raising the gentleman when he says that Re- of $1.75 trillion. spending $1 trillion, which is what the publicans are leaders. Republicans Mr. Speaker, what we’re trying to do Democrats want to do, versus trying to aren’t leaders. Republicans are ob- is apply the same principles and ideas balance our budget, work our way out structionists. You’re holding every- that President Obama had to an agency of problems, grow our economy, jobs, thing up. that spends its life doing rules and reg- job creation and investment. That’s We’re doing meaningless, sound-bite, ulations. And to say that doing their what we’re trying to do, and that’s press-release legislation day in and day job correctly, with a balance, is somewhat Republicans talked about last out, not helping put one more Amer- thing that we shouldn’t require them month. ican back to work, not alleviating any to do is a silly argument. That’s why we came forth with a of the difficulties that the middle class That’s like saying that Republicans budget when the Senate hadn’t even is dealing with right now. and sequestration—when it was a done a budget, under Democrat leader- My friends are obstructing every- President Obama idea. It is the Presi- ship, for 4 years. thing. They’re holding things up. dent’s idea. Sequestration—he’s the That’s why we are leaders in Wash- They’re delaying the economic recov- one that proposed it. We’re the ones ington. Republicans are leaders in the ery. It is unconscionable that we are on that simply took him up on his idea. House of Representatives. We maintain the floor doing things that are going And he signed it into law. the control. We follow the order and nowhere and that are helping no one. They’re arguing with themselves listen to the American people of trying With that, Mr. Speaker, I yield 2 about the things which are good. Once to make their lives better, not grow a minutes to the distinguished gentle- again, the President initiated seques- government that will be out of control, woman from California (Ms. WATERS), tration. We worked with the President like an Attorney General who, upon the ranking member of the Committee as a back-stop. There we are. taking the oath of office, then decides on Financial Services. The President issues this same rul- when he does and when he does not Ms. WATERS. Mr. MCGOVERN, I ing, asking agencies to please make want to make decisions, and whether thank you so much for aptly describing sure they include cost-benefit analysis, he recuses himself; or whether you what is happening on the floor today but don’t apply it later to someone who have an IRS that’s out of control and relative to the SEC. spends their life doing rules and regula- in people’s lives and making decisions Since its passage, Republicans have tions. introduced dozens upon dozens of bills that are politically based. b 0940 Mr. Speaker, this is the reason why to undermine, repeal, or otherwise dis- we need a government that is smaller, mantle Dodd-Frank; and a prime exam- Mr. Speaker, it’s an amazing world more efficient, and does not have time ple of that is what they’re doing on that we live in. We thought, the chair- or the inclination to become all things this whole issue of cost-benefit anal- man of the Financial Services Com- to all people, and to tell the American ysis. mittee, JEB HENSARLING, after testi- people what they will do and control We’re going to have on the floor mony in meetings and in feedback our lives. That’s why we’re here today. today a bill that is going to pile more thought, the SEC actually agreed with And, Mr. Speaker, I couldn’t be requirements on top of the SEC for eco- this. We simply put it in as something happier than to say today we’re on the nomic analysis. We’re going to have a they ought to be doing on a regular floor trying to talk about what we bill whose real aim is to bog down the basis. thought was an idea that would be ac- SEC so that they won’t be able to do Now, Mr. Speaker, I have right now a cepted by every single person in this their work, so that they won’t be able gentleman from the committee who body as a great idea. to do their rulemaking, so that they has spent time and heard the testi- I reserve the balance of my time. won’t be able to protect investors. This mony and understands that this should Mr. MCGOVERN. Mr. Speaker, I’m a is absolutely unconscionable. be a piece of legislation that we all little bit confused. The gentleman from I can understand that there’s a lot of agree with because it’s common sense. Texas says he wants a smaller govern- disagreement with Dodd-Frank. I can I yield 6 minutes to the gentleman ment, yet the bill that he’s proposing understand that there are those on the from North Carolina, a member of Fi- here that we discuss on the floor actu- opposite side of the aisle who are con- nancial Services, Mr. MCHENRY. ally will cost the American taxpayers cerned about protecting the markets Mr. MCHENRY. Thank you, Mr. more. and not necessarily the investors. Chair. CBO says we need an additional $23 But to come up with the kind of ob- This debate is actually really abso- million for this additional bureaucracy struction that we’re seeing, not only lutely bizarre. President Obama asked that the gentleman has embraced. legislatively, but going so far as to for a cost-benefit analysis for inde- We’re going to need to hire 20 new em- team up with their friends and go into pendent regulatory agencies in an exec- ployees, according to CBO, in order to court, as they have done on proxy ac- utive order. It’s absolutely bizarre be- meet these new requirements. cess, and get a ruling against proxy ac- cause the chairman of the SEC, then So if you want a smaller government, cess so that they can, basically, have Mary Schapiro, committed in writing here we are expanding government. But this bill come to the floor today, where to Congressman GARRETT, Congress- they’re expanding government in a way they put requirement on top of require- man ISSA, and me, committed in writ- that will hurt the little guy and pro- ment, costing more money, as Mr. ing to a cost-benefit analysis. Chair- tect Wall Street, which is to be ex- MCGOVERN has said, costing more time, man Schapiro even in September of pected. and diverting the attention away from 2011 agreed to a retrospective review of Just one thing I want to say to make the work that the SEC should be doing. offering and reporting requirements clear to my colleagues, in case any- I am particularly concerned about and posting this on a Web page seeking body’s a little bit confused here as well the Jobs Act, the jobs bill. Yes, on the public input.

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.008 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2726 CONGRESSIONAL RECORD — HOUSE May 17, 2013 So the complaints from the other We need to be focused on capital for- The Wall Street Journal have all re- side of the aisle seem absolutely bi- mation. We need to be focused on mak- ported on a suspicious surge in stock zarre because we have commitments. ing sure that we foster regulations and prices caused by operatives in the po- What we’re trying to do is codify in law review regulations so that we can get litical intelligence industry. On April what was a process a former chairman this economy moving again. That’s 1, a political intelligence consultant of the SEC committed to. We want to what this is all about. sent an email to selected investors an- make sure that this is not ad hoc, that I would say to my colleague on the nouncing a pending change in govern- it goes forward, that it’s in the statute, other side of the aisle who raised the ment policy that would benefit health and that it’s clear. Why are we doing question of the cost of this, what this insurance companies. this? Well, we’ve heard from the other cost comes from is what the SEC says, Shortly after that email was sent— side of the aisle that we need to focus right, that it’s going to cost us addi- actually 18 minutes before the stock on investor protection. tional money to review these regula- market closed that day—stocks in There’s the other part of the SEC tions, implicitly saying that they have three major health insurance compa- which is supposed to foster capital for- regulations on the books that they nies skyrocketed by—hold the phone— mation. Now, what is capital forma- don’t review, that they don’t look back $660 million. In 18 minutes before the tion? Capital formation is the capacity, on a regular basis and see if they actu- close of trading that day, three health or the ability, of a business to get the ally fit to the modern marketplace. industries got investments of $660 mil- moneys they need to grow and employ And we have rules on the books that lion; and that occurred 30 minutes be- more people and to offer more products have been on the books for over 80 fore the government announced its de- or more services. It’s the money a busi- years. So I think it’s high time we cision. ness needs, the investors of the busi- forced the SEC to do something that is Now, earlier this week, we learned ness need, in order to grow and help get responsible, that is right, and that that the political intelligence consult- this economy moving. I thought that’s even this President has called for. ant sent a subsequent email boasting what we’re all about. We hear speech I hope the folks on the other side of to his lobbyist friend: ‘‘Did you see after speech from the President that’s the aisle would join us in making sure what I did to the stock market in the what he’s all about. But we hear from that we have this bill pass on a unani- final 30 minutes of trading? I still want the other side of the aisle that they mous basis. With that, I would also en- to buy you a drink.’’ don’t like this approach because courage us to pass this rule. Now, this is exactly the kind of ques- they’re not focused on that, which is Mr. MCGOVERN. Mr. Speaker, talk tionable case that I have been fighting unfortunate. about bizarre, the notion that a bill for 7 years, and we finally got the The reason why we’re putting this in comes to the floor, that CBO, the non- STOCK Act; but my point this morning statute is that the SEC too often just partisan Congressional Budget Office, is that the SEC has launched an inves- puts rules into place without consider- says is going to cost $20 million, there tigation into this matter. There would ation of the cost. Their process has will be a need for additional employees, be no cost-benefit whatever to having never been formalized until the last 2 and there’s nothing in this bill that years of actually weighing both the will cover those costs, and on top of the SEC stop looking into this bill and costs and benefits of a rule. They sim- that my friends who, by the way, em- what happened to the stock markets ply say they’re benefits. Well, we all braced sequestration, that’s your plan, that day because of political intel- know, and I hope the other side of the I would say to my colleague from ligence so they can look back over an- aisle would admit, that there is a cost Texas. That’s not the President’s plan. cient laws. There would be no cost-ben- to regulation. I would hope that they It was the Members of this House led efit having the SEC so tied up with would admit that. by the majority here that voted for it. that that they cannot regulate that Now, I will give you an example: reg- To everybody who doesn’t like it over which they are supposed to regulate ulation A is the ability of small busi- there, guess what? You’re in charge. had they done a better job. The recent nesses to get capital from the public Fix it. Bring something to the floor financial disaster that cost us an awful markets. Regulation A in 1998 gave 57 and fix it. Mr. VAN HOLLEN has an al- lot and would have been a great benefit offerings through regulation A. It ternative. You won’t even let us bring to stop was not caught in time. meant 58 businesses getting money it to the floor. So don’t complain about b 0950 from outside investors through this something that you supported and you The political intelligence industry regulation. This is for the smaller size voted for and now you don’t want to walks the Halls of Congress every day businesses. By 2001, you only had one fix. take advantage of this regulation A to Just one other thing. I want to make looking to privately profit from the get moneys for their small- and me- it clear to my colleagues that this isn’t public trust. However, unlike lobbyists, dium-sized businesses. about protecting small businesses. This there are no regulations to ensure they Well, what happened? The market is about protecting Wall Street, big adhere to any ethical standard of be- changed, but the SEC, because they banks, and big financial institutions. I havior. were not obligated to, did not review get it, you know. That’s nothing new Months before I introduced the their rules. They did not update their coming from the other side of the aisle. STOCK Act in 2006 there were sus- rules. They did not think about the But that’s what this is about. picious Wall Street trades occurring cost of cutting off capital to small At this point, Mr. Speaker, I yield 5 immediately prior to the Senate Ma- businesses that absolutely, desperately minutes to the gentlewoman from New jority Leader announcing an important need this, mainly because of the chang- York, the distinguished ranking mem- vote on asbestos liability legislation. It ing nature of the economy and the im- ber of the Rules Committee, Ms. soon became apparent that nonpublic pact of the awful Dodd-Frank act that SLAUGHTER. information regarding the legislation has imposed enormous cost burdens on Ms. SLAUGHTER. Mr. Speaker, I had been used to enrich stockholders, banks, and so we have less banks lend- thank the gentleman for yielding me and the political intelligence industry ing so businesses need a different op- the time. was at the heart of the case. portunity to get money. With today’s legislation, the major- We had a lonely battle, those of us— So what we’re putting in place is a 5- ity is putting the interests of Wall there were seven of us for three terms year review of those rules so the SEC is Street, once again, before the welfare that cosponsored the bill. But in 2011, a forced to weigh both the costs and ben- of the American people. Unfortunately, television program called ‘‘60 Minutes’’ efits of these regulations, and we can the majority’s desire to give a helping did an expose on insider trading by get this economy moving again and hand to Wall Street is nothing new. In Congress. And overnight, just about— capital flowing again. That’s what it’s addition to today’s legislation, the ma- well, maybe by the end of the week, I’d really all about. That’s not a great deal jority has repeatedly provided favors to say—we had 286 cosponsors in the of fuss; but we have folks on the other a shadowy arm of Wall Street known as House, including 99 Republican cospon- side of the aisle that simply want to the political intelligence industry. sors. make a fuss about that, which is unfor- Over the last few weeks, The New As the bill gained popularity, I was tunate. York Times, The Washington Post, and promised a markup in the Financial

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.010 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2727 Services Committee, but it was can- Mr. CONNOLLY. I thank my friend tecting big banks and Wall Street and celed, pulled out from under the chair. from Massachusetts. big financial institutions. It’s the In the Senate, Senator GRASSLEY I’ve got to say, listening to my same-old, same-old. This is nothing joined our cause. And when Senator friends on the other side of the aisle, new for those who have been following Lieberman took it out of the Senate they give revisionist history a bad the agenda of the House Republicans. bill, Senator GRASSLEY had an amend- name. They want us all to somehow So, Mr. Speaker, I’m going to urge ment that passed the Senate, putting forget how the recession began and on that we defeat the previous question. political intelligence back into the whose watch. It began under George W. And if we defeat the previous question, STOCK Act. However, it still had to Bush, not Barack Obama. It ended I will offer an amendment to the rule come back to the House. And miracu- under Barack Obama. to bring up H. Res. 174, Representative lously, political intelligence was re- My friend from Texas talks about the CHRIS VAN HOLLEN’s resolution, telling moved once more to benefit Wall job loss. That was on George W. Bush’s the Speaker to appoint conferees to ne- Street. It was put on the suspension watch, when we were losing almost gotiate a compromise budget agree- calendar, completely unamendable. I 700,000 jobs a month. On average, this ment with the Senate. could do nothing about it. It is very year, we’ve been creating 208,000 jobs a It has been 55 days since the Senate painful for me. At least I’ve been pay- month—and it would be more but for passed a budget. My Republican friends ing attention here to what I have seen the Republican gutting of public sector made a big deal about the fact that we happening since. So I promise you that investment that’s already cost us shouldn’t be paid unless we pass a we will come back again with it, but as 600,000 jobs and shaved a full point off budget. The House has passed a budget, I said, I’m pleased that the SEC is in- unemployment. In other words, unem- the Senate has passed a budget, but my vestigating this most recent case. ployment would be one point lower Republican friends don’t want to go to Two days ago, I tried to do an amend- than it is today but for their efforts. conference because they don’t believe ment on this particular bill to see if we They want you to forget the Wall in compromise. could bring political intelligence back. Street meltdown that required TARP— So to discuss the importance of start- It would have helped the SEC build the on their watch. Now they decry Dodd- ing the budget negotiations with the insider trading investigations, but the Frank as if it caused the meltdown, Senate, I yield 5 minutes to the gen- majority in the Rules Committee re- that it is this hobnail boot on the jug- tleman from Maryland (Mr. VAN HOL- jected my amendment and we go on ular of the poor banking community LEN), the ranking member of the Budg- today, as usual, without it. and investment community and Wall et Committee. We also go on today with a bill that’s Street, which, if removed, would un- Mr. VAN HOLLEN. I thank my friend never going to go to the Senate. As I leash unparalleled economic activity— from Massachusetts. pointed out yesterday on our 38th try the consumer and the investor, not so There has been a lot of talk on the to repeal the health care bill, that cost much. floor this morning about the sequester us $54 million on that particular bill Let’s call this bill what it is—a and the negative impact it’s having on alone, and every time that we have naked attempt to undermine the inves- the economy. I would remind my col- tried to repeal it—$54 million has been tor and consumer protections of Dodd- leagues, as my friend from Massachu- spent to try to repeal Medicare. Frank and tilt the table once again in The SPEAKER pro tempore. The setts (Mr. MCGOVERN) did, that on four favor of Wall Street, at the direct ex- occasions the House Democrats have time of the gentlewoman has expired. pense of Main Street investors. Mr. MCGOVERN. I yield the gentle- tried to bring to this floor for a vote a This bill would render what should be lady 1 additional minute. bill that would replace the sequester, Ms. SLAUGHTER. CBS has said it the SEC’s primary focus—investor pro- end the disruption, and end the job loss costs about $25 million to run the tection—an ephemeral objective at that the Congressional Budget Office House. I really would like to find out best. Why else would this bill codify says is coming with the sequester. how much House time we’ve paid and some of the best practices of the execu- This morning we’re going to ask this how many millions of dollars we’ve tive order, but then conveniently omit House to take a simple vote on another spent since this term started with bills any assessment of the benefits accrued resolution, and I’m going to read it be- like this, one House bill—one House by greater investor protection? cause it’s really simple. It says: They want you to believe the nar- bill that we know the Senate will never Resolved, that it is the sense of the House take up, will never become law. And if rative that regulation only involves of Representatives that the Speaker should by some fluke they should, the Presi- cost. But regulation also includes bene- follow regular House procedure and imme- dent tells us that he will veto it—over fits to protect investors, to protect diately request a conference and appoint and over and over again. homeowners, to protect senior citizens. conferees to negotiate a fiscal year 2014 I could be mistaken with one or two That’s why AARP has expressed con- budget resolution agreement with the United States Senate. things, but to the best of my recollec- cern about this bill. That’s why we tion the only thing we’ve done here should defeat the rule. Now, we all stood on this floor and this term that got some action in both Mr. SESSIONS. You know, Mr. heard our Republican colleagues criti- Houses was when we changed the FAA Speaker, what we’re trying to do is to cize the United States Senate for 3 policy under sequestration. And I join put in writing exactly what the gen- years because they did not have a my friend, Mr. MCGOVERN, to say what tleman talked about why are they pro- budget. Well, guess what? The United we should have done is do away with mulgating the rule, what effects would States Senate passed a budget more sequestration. Maybe the freshmen their rule have, and why what they do than 53 days ago. But now what’s hap- who wanted to vote again to repeal the makes sense and is in a balanced way. pened is the Speaker of this House has health care bill might have gotten That’s what we’re trying to do here refused to go to conference to nego- some joy out of lifting sequestration today. It makes sense to me. I wish it tiate a final budget. and letting cancer patients again get made sense to more people in this We heard for weeks and weeks the their treatment and children go to body. mantra, ‘‘No budget, no pay.’’ Appar- Head Start. I’d like to try to do it that I reserve the balance of my time. ently, that was a meaningless cry be- way. Talk about cost benefit—that’s a Mr. MCGOVERN. Mr. Speaker, let me cause as of right now there is no Fed- benefit. If we really want to worry just say that I think what’s going on eral budget and Members of the House about how much it cost and what we here is basically that my Republican and the Senate are still getting paid. get from it, nothing could prove that friends are trying to expand the bu- Did you mean it or did you not mean better than to lift sequestration. reaucracy and potentially charge the it? Mr. SESSIONS. Mr. Speaker, in order American taxpayers $23 million. But to balance out the time, I’m going to they’re not going to provide the b 1000 reserve the balance of my time. money, and so they’re just going to bog We heard complaints about how the Mr. MCGOVERN. Mr. Speaker, I am down an agency that is designed to pro- President’s budget was late this year. happy to yield 2 minutes to the gen- tect investors and consumers. I think Guess what, Mr. Speaker? We are now tleman from Virginia (Mr. CONNOLLY). that’s the game here. This is about pro- way overdue in getting a resolution out

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.012 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2728 CONGRESSIONAL RECORD — HOUSE May 17, 2013 of conference committee. If you look at ‘‘wink-wink’’ knowing, hey, the House our friends screaming and yelling the statute, the law, on the budget, it can pass a budget, the Senate can pass about what the Senate should do until says the House and Senate are sup- a budget, but it doesn’t actually get a good idea took place, and that is, in posed to have completed conference ac- the job done. essence, ‘‘no work, no budget, no pay.’’ tion by April 15. We are way overdue. Mr. Speaker, I just ask, let us have a Mr. VAN HOLLEN. Will the gen- And the only reason we are overdue is vote to appoint conferees to get on tleman yield, because we don’t have a because this House and the Speaker of with the Nation’s business. budget right now. this House refuses to appoint conferees. Mr. SESSIONS. Mr. Speaker, I yield Mr. SESSIONS. Do you know what? The Senate Democrats on eight occa- myself such time as I may consume. We didn’t for 4 years either. We did not sions, Mr. Speaker, have asked for We’ve turned this debate into some have a budget for 4 years. It is actually unanimous consent in the Senate to go really commonsense ideas, and that is, not required by law. We operated as to conference, and they have been that we ought to have a budget, which two bodies—us, we in the House, trying blocked over there. It is getting to be a is what Republicans have said for to move forward with a budget that we little embarrassing to some of the Re- years. I have no doubt in my mind that did pass, and the Senate acting like it publican Senators. when Chairman PAUL RYAN of the wasn’t important. I just want to show you a quote from House Budget Committee, when he is I completely agree with the gen- Senator MCCAIN just the other day: ‘‘I ready, when he feels like they have tleman from Maryland. I think we think it’s insane for Republicans, who worked out an understanding with the should do it. That’s why Republicans complained for 4 years about HARRY chairman—— came up with the process of ‘‘no budg- REID not having a budget and now Mr. VAN HOLLEN. Will the gen- et, no pay.’’ we’re not going to agree to conferees. tleman yield on that point? I think we will see very quickly an That is beyond comprehension for me.’’ Mr. SESSIONS. I yield to the gen- opportunity for the ideas around this And guess what, Mr. Speaker? This is tleman from Maryland. issue to materialize. We’ll find out getting beyond comprehension to the Mr. VAN HOLLEN. You mentioned what the differences are, maybe why American people, saying one thing and Chairman RYAN and the chairman of we haven’t done it. doing another. the Senate Budget Committee, PATTY That’s not what this bill is about Here’s some other Republican Sen- MURRAY. Senator MURRAY was one of today. I’ll have the conversations. I’ll ators: the people just the other day on the be able to speak cogently. And I will Senator BOOZMAN: ‘‘I think we need Senate floor asking for unanimous con- tell you that the gentleman from Wis- to go to conference.’’ sent to go to conference, because she consin (Mr. RYAN) and, I believe, be- Senator WICKER: ‘‘I would say by the and Chairman RYAN are not in the cause I know him well, the gentleman end of next week’’—that’s this coming process of trying to negotiate behind from Maryland should have a chance to week—‘‘we probably should be ready to closed doors. We need to do this in the keep doing their work because they be- go to conference.’’ light of day. And she has asked, along lieve it’s part of the process. Senator COBURN: ‘‘I’m okay with So I offer nothing but accolades of going right now.’’ with Senator REID, now eight times to go to conference. So why delay going the gentleman, the young gentleman, And on and on. who is the ranking member of the You would think our House Repub- to conference? Budget Committee. And he knows that. lican colleagues would begin to feel a Mr. SESSIONS. I don’t deal with He knows what kind of a person I am. little sense of that embarrassment as Senator PATTY MURRAY very much, but I would not say it if I didn’t believe it. well, given the fact that they called for I bet you she has an opportunity to call PAUL RYAN if that’s what she wants. But I did not come prepared today on years to get a budget done and now are this bill because it is not what it is ger- standing in the way of getting that Mr. VAN HOLLEN. Well, she has. She has said, Mr. Speaker, that she wants mane about, and I will respond to him. exact budget done. As a Member of House Republican lead- In fact, the Speaker of this House on to go to conference right away, and ership, I will tell you that our Speaker multiple occasions has said we should that’s why we’re waiting for the Speak- is interested in moving this body go to conference on the budget, that er in this House to go to conference. through. that’s how we resolve things in the reg- Mr. SESSIONS. And I have every reason to believe that when PAUL RYAN The gentleman from Ohio under- ular order. stands how important regular order is, Here’s what the Speaker said on and PATTY MURRAY work out the dif- how important doing budgets is, how ‘‘Meet the Press’’ back in March when ferences and decide these things, that making sure that the American people we were all putting together our budg- that can happen. have a chance to know what we’re ets, the Senate was putting together a Mr. VAN HOLLEN. I don’t under- doing. I mean, we actually read bills budget and the House was putting to- stand. You want them to work out a before we pass them, Mr. Speaker. gether a budget: ‘‘It’s time for us to get budget behind closed doors? Mr. SESSIONS. I would remind the I reserve the balance of my time. back to regular order here in Congress. Mr. MCGOVERN. Mr. Speaker, I ask gentleman, I’m not involved in those When the House passes a bill, the Sen- unanimous consent that this House conversations. I do know that this is ate passes a bill; and if we disagree, we goes to conference. part of your job as the ranking mem- go to conference to resolve those dif- The SPEAKER pro tempore. Does the ber. I respect that, and I would be in ferences.’’ gentleman from Texas yield for that favor of it, because I, too, want us to The Speaker said this on multiple oc- request? casions. have more of a unified budget, a clear Mr. SESSIONS. No, sir. I just want to read again from the understanding, an opportunity for us to The SPEAKER pro tempore. The gen- resolution I’m asking this House to understand what we’re trying to do. tleman does not yield. vote on this morning. It says simply: Regaining my time, I would say to Mr. MCGOVERN. Mr. Speaker, I have Resolved, that it is the sense of the the gentleman and to this body, I have a parliamentary inquiry. Under the House that the Speaker should follow every reason to believe that there can rules of the House, would it be possible regular House procedure and appoint be opportunities for our two bodies to if the gentleman would yield for that the conferees that he told the country work together. request that we could go to conference? on national television he would do in My last point: This ‘‘no budget, no The SPEAKER pro tempore. The gen- order to make sure that we get on with pay,’’ it worked. It worked, Mr. Speak- tleman from Texas would have to yield the fundamental business of this coun- er. It was the law. The President actu- for any such request and the gentleman try and pass a Federal budget. Not just ally produced a budget. from Texas did not yield. a House budget, not just a Senate Mr. VAN HOLLEN. Will the gen- Mr. MCGOVERN. I think that says it budget. Those things are meaningless tleman yield on that point? all. by themselves. You’ve got to get a Fed- Mr. SESSIONS. The House produced I am happy to yield to the gentleman eral budget. a budget. And the Senate produced a from Maryland. It turns out that this ‘‘no budget, no budget, which they had not done for 4 Mr. VAN HOLLEN. I thank my pay’’ thing was really just a kind of years. So for 4 years you didn’t hear friend.

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.014 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2729 I thank my friend, the chairman of are not doing anything to help the In a larger sense, here is why we are the Rules Committee as well. But the American people. We still have seques- here today. Here is why Republicans gentleman, the chairman of the Rules tration in place, there are people being are doing what we are doing with the Committee, said the process worked, furloughed, there are businesses that budget, with a jobs bill that was passed that ‘‘no budget, no pay’’ worked. are losing contracts, there are people by this body, why we are trying to talk I would remind the gentleman, we in the public and private sectors who about what we would do with seques- don’t have a budget as of right now. are being laid off as a result of this. tration—the President’s idea. This And, in fact, we are now out of compli- By the way, sequestration is what my House has passed numerous times in- ance with our own law, which says that Republican friends embraced and voted formation, our ideas, giving the Presi- the conference committee should re- for. So, when anyone comes to the floor dent the ideas about how we think se- port the budget by April 15. I think we here and says, Oh, we don’t really like questration should work, a debt limit. can check our calendars. We know it’s it, I would remind them that, as much We are faced with another debt limit way overdue. And the only thing that’s as I hate to admit this, the Repub- vote here in our future. Two weeks ago, stopping us from going to conference licans are in charge of the House. They the House talked about how that right now is the Speaker has refused to can bring a remedy to the floor any should be handled. That bill was com- move forward on this. time they want to. Mr. VAN HOLLEN pletely mischaracterized. has offered on many, many occasions The reason we are here is that, under b 1010 an alternative to get us out of seques- Barack Obama and Democrats, our As I indicated, eight times in the tration, but each time he offers it the country is having a $1 trillion deficit Senate, the Senate Majority Leader Republican majority says ‘‘no.’’ You every year, and there is not one year in and PATTY MURRAY, Senator MURRAY, don’t even have the right to bring it to the future that they can point to in the chairman of the Senate Budget the floor. You can’t even debate it on which we would balance our budget Committee, have asked for unanimous the floor. That’s the answer that we’re even for one year. If you cannot balance your budget, if you cannot control consent to go to conference. So we getting, and it is totally unacceptable. could get on with this right now, as Mr. I would urge my colleagues to vote yourself—your spending habits, your MCGOVERN suggested, if our Republican ‘‘no’’ on the previous question so we insatiable appetite to grow government—then it means that we are on a colleagues would allow us to offer a can get Mr. VAN HOLLEN’s resolution motion to go to conference by unani- made in order so that we can go to con- dangerous trajectory. Look at this, Mr. Speaker. This is mous consent. ference and do something meaningful, history. This is what lies ahead. This is Mr. MCGOVERN. In reclaiming my and I would also urge a rejection of time, Mr. Speaker, may I inquire of the the demise for our children of America this bill. being a great Nation. This is why Re- gentleman from Texas how many more I have to tell you, Mr. Speaker, that publicans are down here. This is our speakers he has. I think the American people are get- past. This is our future. Republicans Mr. SESSIONS. Mr. Speaker, I thank ting sick and tired of the majority in are here with ideas about balance, the gentleman for asking. I have no ad- this House essentially rooting for this structure, working together—the SEC ditional speakers at this time. economy’s demise so they can gain Mr. MCGOVERN. I yield myself the or other agencies working together—to some political advantage. I think peo- the benefit of growing jobs, balance, balance of my time. ple are getting tired of it. They are Again, I think what we have just wit- things that make sense, instead of a hoping that we can come together in government that’s out of control with nessed kind of says it all. My Repub- the spirit of compromise and get some lican friends really do not have any in- an IRS with a political agenda and things done—help put people back to with the Department of Justice abus- tention of going to conference. They do work, help the average working family, not want to compromise. I think they ing its powers that were invested in the help the middle class, help lift those in Constitution’s and the Bill of Rights’ were hoping maybe the Senate poverty out of poverty. They’re hoping wouldn’t come up with a budget and understanding of a balance. that we’re going to do something seri- This reminds me of a prior adminis- that they could have a talking point or ous and meaningful so that it will tration, under Richard Nixon, when he a press release, but the Senate did make a difference in their lives. We’re used the IRS and the Department of come up with a budget. We have a not doing that, and it’s a grave dis- Justice to punish his enemies, people budget here in the House that I strong- appointment, I think, to people all over he disagreed with. ly disagree with because I think it this country—to Democrats, Repub- Mr. Speaker, we are here on a broad ruins our economy, but nonetheless, licans, Independents alike. range of ideas, evidently, today. When that’s what the majority in this House So, again, I urge my colleagues to I woke up, I thought it was just about voted for. We ought to go to con- vote ‘‘no’’ and defeat the previous ques- a balanced rule for the SEC, for them ference, and we ought to be able to fig- tion. I urge a ‘‘no’’ vote on the rule and to apply in their rules and regulations ure this out. on the bill, and I yield back the bal- a chance to say ‘‘cost-benefit analysis’’ Mr. Speaker, I ask unanimous con- ance of my time. so that those to whom they provide sent to insert the text of my amend- Mr. SESSIONS. I yield myself the regulations would understand and the ment to the rule, which would defeat balance of my time. SEC would understand for their some the previous question, in the RECORD, Mr. Speaker, I am delighted to be on 175 lawyers and 50 economists who look along with extraneous material, imme- the floor today as we approach this at the marketplace. Let’s balance this diately prior to the vote on the pre- issue about the Securities and Ex- out. That’s what I thought we were vious question. change Commission, the SEC, in that here for. Instead, I have learned today The SPEAKER pro tempore. Is there we would simply codify in the law an we are here to talk about the budget, objection to the request of the gen- understanding that they would need to, that we are here to talk about seques- tleman from Massachusetts? as they have the task of addressing the tration, that we are here to talk about There was no objection. large rules and regulations that they a lot of things which all embody them- Mr. MCGOVERN. Mr. Speaker, let me have—but not for every rule and regu- selves in: our country is in trouble. just say in closing: another day and an- lation—put a cost-benefit analysis in We are in trouble because the Presi- other meaningless piece of legislation their process. It makes sense. dent of the United States is for a big- that is going nowhere. It is a piece of I find it very amazing that our col- ger activist government, for a health legislation, quite frankly, that is leagues have taken this to the level care bill that will cause us to lose 2 geared toward helping big banks and that they have in trying to say that million more jobs and will keep small big financial institutions at the ex- we’re doing this to be for big banks and business smaller. It will harm our fu- pense of investors and small busi- against the American people or con- ture. Republicans are here simply with nesses. This is a bill that, again, I sumers. That is a farfetched idea. It is common sense and balance today just think, may make a nice press release about the rules and regulations that to talk about the SEC. I welcome the for people who want to do big fund- they talk about, just like government chance for my colleagues, as they have raisers, but at the end of the day, we agencies would be required to have. done today, to come to the floor.

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.015 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2730 CONGRESSIONAL RECORD — HOUSE May 17, 2013 The gentleman, Mr. VAN HOLLEN, is in order to offer an amendment. On March Barber Griffith (VA) Pittenger one of my closest friends on the Hill. 15, 1909, a member of the majority party of- Barletta Grimm Pitts fered a rule resolution. The House defeated Barr Guthrie Poe (TX) He is a man who I work with on a reg- Barton Hall the previous question and a member of the Posey ular basis, and I respect him. His ideas Benishek Hanna Price (GA) opposition rose to a parliamentary inquiry, related to moving forward on the con- Bentivolio Harper Radel asking who was entitled to recognition. Bilirakis Harris ference should be answered, and I an- Reed Speaker Joseph G. Cannon (R-Illinois) said: Bishop (UT) Hartzler Reichert ticipate they will. I simply came un- ‘‘The previous question having been refused, Black Hastings (WA) Renacci prepared as to that answer today. the gentleman from New York, Mr. Fitz- Blackburn Heck (NV) Ribble gerald, who had asked the gentleman to Bonner Hensarling Rice (SC) So, Mr. Speaker, as always, I will fin- Boustany Herrera Beutler ish where I started and say Repub- yield to him for an amendment, is entitled to Rigell Brady (TX) Holding Roby licans are trying to provide leadership. the first recognition.’’ Bridenstine Hudson The Republican majority may say ‘‘the Roe (TN) Our great Speaker, JOHN BOEHNER, does Brooks (AL) Huelskamp Rogers (AL) Brooks (IN) Huizenga (MI) vote on the previous question is simply a Rogers (KY) understand regular order and that it is Broun (GA) Hultgren vote on whether to proceed to an immediate Rogers (MI) important to read bills before you pass Buchanan Hunter vote on adopting the resolution. . . . [and] Rohrabacher Bucshon Hurt them. has no substantive legislative or policy im- Rokita Burgess Issa plications whatsoever.’’ But that is not what Rooney b 1020 Calvert Jenkins they have always said. Listen to the Repub- Camp Johnson (OH) Ros-Lehtinen We believe in coming to the floor and lican Leadership Manual on the Legislative Cantor Jones Roskam talking about ideas before problems Process in the United States House of Rep- Capito Jordan Ross occur. That’s what we’ve been doing. resentatives, (6th edition, page 135). Here’s Carter Joyce Rothfus Cassidy Kelly (PA) Royce That’s what the Rules Committee is how the Republicans describe the previous Runyan question vote in their own manual: ‘‘Al- Chabot King (IA) about. And the legislation that we have Chaffetz King (NY) Ryan (WI) though it is generally not possible to amend handled since January has been all Coble Kingston Salmon the rule because the majority Member con- about trying to work together to let Coffman Kinzinger (IL) Sanford trolling the time will not yield for the pur- Cole Kline Schock the American people know we get it. pose of offering an amendment, the same re- Collins (GA) LaMalfa Schweikert We’re going to balance what we do with sult may be achieved by voting down the pre- Collins (NY) Lamborn Scott, Austin their needs and desires to make sure vious question on the rule. . .When the mo- Conaway Lance Sensenbrenner tion for the previous question is defeated, Cook Lankford Sessions that this country remains strong and is Cotton Latham Shimkus ready for its future because, Mr. control of the time passes to the Member Cramer Latta Shuster Speaker, I, like you, have children who who led the opposition to ordering the pre- Crawford LoBiondo Simpson need our country to be prepared for the vious question. That Member, because he Crenshaw Long Smith (NE) then controls the time, may offer an amend- Culberson Lucas Smith (NJ) future. ment to the rule, or yield for the purpose of Davis, Rodney Luetkemeyer Smith (TX) Mr. Speaker, I ask my colleagues to amendment.’’ Denham Lummis Southerland vote ‘‘yes’’ on the rule and ‘‘yes’’ on In Deschler’s Procedure in the U.S. House Dent Marchant Stewart DeSantis Marino Stivers the underlying legislation. of Representatives, the subchapter titled DesJarlais Massie ‘‘Amending Special Rules’’ states: ‘‘a refusal Stockman The material previously referred to Diaz-Balart McCarthy (CA) Stutzman by Mr. MCGOVERN is as follows: to order the previous question on such a rule Duncan (SC) McCaul Terry [a special rule reported from the Committee Duncan (TN) McClintock AN AMENDMENT TO H. RES. 216 OFFERED BY Thompson (PA) on Rules] opens the resolution to amend- Ellmers McHenry MR. MCGOVERN OF MASSACHUSETTS Thornberry ment and further debate.’’ (Chapter 21, sec- Farenthold McKeon Tiberi At the end of the resolution, add the fol- tion 21.2) Section 21.3 continues: ‘‘Upon re- Fincher McKinley Tipton Fitzpatrick McMorris lowing new sections: Turner jection of the motion for the previous ques- Fleischmann Rodgers SEC. 2. Immediately upon adoption of this Upton tion on a resolution reported from the Com- Fleming Meadows Valadao resolution the House shall consider without mittee on Rules, control shifts to the Mem- Flores Meehan Walberg intervention of any point of order the resolu- ber leading the opposition to the previous Forbes Messer Walden tion (H. Res. 174) expressing the sense of the question, who may offer a proper amendment Fortenberry Mica House of Representatives that the Speaker Foxx Miller (FL) Walorski or motion and who controls the time for de- Weber (TX) should immediately request a conference and bate thereon.’’ Franks (AZ) Miller (MI) Frelinghuysen Miller, Gary Webster (FL) appoint conferees to complete work on a fis- Clearly, the vote on the previous question Wenstrup cal year 2014 budget resolution with the Sen- Gardner Mullin on a rule does have substantive policy impli- Garrett Mulvaney Westmoreland ate. The resolution shall be considered as cations. It is one of the only available tools Gerlach Murphy (PA) Whitfield read. The previous question shall be consid- for those who oppose the Republican major- Gibbs Neugebauer Williams ered as ordered on the resolution to adoption ity’s agenda and allows those with alter- Gibson Noem Wilson (SC) without intervening motion or demand for native views the opportunity to offer an al- Gohmert Nugent Wittman Wolf division of the question except one hour of ternative plan. Goodlatte Nunes Gosar Nunnelee Womack debate equally divided and controlled by the Mr. SESSIONS. With that, I yield chair and ranking minority member of the Gowdy Olson Woodall back the balance of my time, and I Granger Paulsen Yoder Committee on the Budget. move the previous question on the res- Graves (GA) Pearce Yoho SEC. 3. Clause 1(c) of rule XIX shall not Graves (MO) Perry Young (FL) apply to the consideration of H. Res. 174. olution. Griffin (AR) Petri Young (IN) The SPEAKER pro tempore. The THE VOTE ON THE PREVIOUS QUESTION: WHAT IT NAYS—181 REALLY MEANS question is on ordering the previous question. Andrews Cicilline Ellison This vote, the vote on whether to order the Barrow (GA) Clarke Engel previous question on a special rule, is not The question was taken; and the Bass Clay Enyart merely a procedural vote. A vote against or- Speaker pro tempore announced that Beatty Cleaver Eshoo dering the previous question is a vote the ayes appeared to have it. Becerra Cohen Esty against the Republican majority agenda and Mr. MCGOVERN. Mr. Speaker, on Bera (CA) Connolly Farr a vote to allow the Democratic minority to Bishop (GA) Conyers Fattah that I demand the yeas and nays. Bishop (NY) Cooper Foster offer an alternative plan. It is a vote about The yeas and nays were ordered. Blumenauer Costa Frankel (FL) what the House should be debating. The SPEAKER pro tempore. Pursu- Bonamici Courtney Fudge Mr. Clarence Cannon’s Precedents of the Brady (PA) Crowley Gabbard House of Representatives (VI, 308–311), de- ant to clause 9 of rule XX, the Chair Braley (IA) Cuellar Gallego scribes the vote on the previous question on will reduce to 5 minutes the minimum Brownley (CA) Davis (CA) Garamendi the rule as ‘‘a motion to direct or control the time for any electronic vote on the Bustos Davis, Danny Green, Al consideration of the subject before the House question of adoption of the resolution. Butterfield DeFazio Green, Gene Capps DeGette Grijalva being made by the Member in charge.’’ To The vote was taken by electronic de- Capuano Delaney Hahn defeat the previous question is to give the vice, and there were—yeas 222, nays Ca´ rdenas DeLauro Hastings (FL) opposition a chance to decide the subject be- 181, not voting 30, as follows: Carney DelBene Heck (WA) fore the House. Cannon cites the Speaker’s Carson (IN) Deutch Himes ruling of January 13, 1920, to the effect that [Roll No. 155] Cartwright Dingell Holt ‘‘the refusal of the House to sustain the de- YEAS—222 Castor (FL) Doggett Honda Castro (TX) Doyle Horsford mand for the previous question passes the Aderholt Amash Bachmann Chu Duckworth Huffman control of the resolution to the opposition’’ Alexander Amodei Bachus

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.017 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2731 Israel McIntyre Schakowsky Culberson King (IA) Roe (TN) Meeks Rangel Speier Jackson Lee McNerney Schiff Davis, Rodney King (NY) Rogers (AL) Meng Richmond Swalwell (CA) Jeffries Meeks Schneider Denham Kingston Rogers (KY) Michaud Roybal-Allard Takano Johnson (GA) Meng Schrader Dent Kinzinger (IL) Rogers (MI) Miller, George Ruiz Thompson (CA) Johnson, E. B. Michaud Schwartz DeSantis Kline Rohrabacher Moore Ruppersberger Thompson (MS) Kaptur Miller, George Scott (VA) DesJarlais LaMalfa Rokita Moran Rush Tierney Keating Moore Serrano Diaz-Balart Lamborn Rooney Murphy (FL) Ryan (OH) Titus ´ Kelly (IL) Moran Sewell (AL) Duncan (SC) Lance Ros-Lehtinen Nadler Sanchez, Linda Tonko Kennedy Murphy (FL) Shea-Porter Duncan (TN) Lankford Roskam Napolitano T. Tsongas Kildee Nadler Sherman Neal Sanchez, Loretta Ellmers Latham Ross Van Hollen Kilmer Napolitano Sinema Farenthold Latta Negrete McLeod Sarbanes Rothfus Vargas Kind Neal Sires Fincher LoBiondo O’Rourke Schakowsky Royce Veasey Kirkpatrick Negrete McLeod Slaughter Fitzpatrick Long Owens Schiff Runyan Vela Kuster O’Rourke Smith (WA) Fleischmann Lucas Pallone Schneider Ryan (WI) Vela´ zquez Langevin Owens Speier Fleming Luetkemeyer Salmon Pastor (AZ) Schrader Larsen (WA) Pallone Swalwell (CA) Payne Schwartz Visclosky Flores Lummis Sanford Larson (CT) Pastor (AZ) Takano Perlmutter Scott (VA) Walz Forbes Maffei Schock Lee (CA) Payne Thompson (CA) Peters (CA) Serrano Wasserman Fortenberry Marchant Schweikert Levin Perlmutter Thompson (MS) Foxx Marino Peters (MI) Sewell (AL) Schultz Scott, Austin Lipinski Peters (CA) Tierney Franks (AZ) Massie Peterson Shea-Porter Waters Sensenbrenner Loebsack Peters (MI) Titus Frelinghuysen McCarthy (CA) Pingree (ME) Sherman Watt Sessions Lowenthal Peterson Tonko Gardner McCaul Pocan Sinema Waxman Shimkus Lowey Pingree (ME) Tsongas Garrett McClintock Polis Sires Welch Shuster Lujan Grisham Pocan Van Hollen Gerlach McHenry Price (NC) Slaughter Wilson (FL) Simpson (NM) Polis Vargas Gibbs McKeon Rahall Smith (WA) Yarmuth Smith (NE) Luja´ n, Ben Ray Price (NC) Veasey Gibson McKinley Smith (NJ) (NM) Rahall Vela Gohmert McMorris NOT VOTING—30 Smith (TX) Lynch Rangel Vela´ zquez Goodlatte Rodgers Brown (FL) Gutierrez Nolan Southerland Maffei Richmond Visclosky Gosar Meadows Campbell Hanabusa Palazzo Stewart Maloney, Roybal-Allard Walz Gowdy Meehan Clyburn Higgins Pascrell Stivers Carolyn Ruiz Wasserman Granger Messer Cummings Hinojosa Pelosi Stockman Maloney, Sean Ruppersberger Schultz Graves (GA) Mica Daines Hoyer Pompeo Stutzman Matheson Rush Waters Graves (MO) Miller (FL) Duffy Johnson, Sam Quigley Terry Matsui Ryan (OH) Watt Griffin (AR) Miller (MI) Edwards Labrador Rigell Thompson (PA) McCarthy (NY) Sa´ nchez, Linda Waxman Griffith (VA) Miller, Gary Garcia Lewis Scalise McCollum T. Welch Grimm Mullin Thornberry Gingrey (GA) Lofgren Scott, David McDermott Sanchez, Loretta Wilson (FL) Guthrie Mulvaney Tiberi Grayson Markey Wagner McGovern Sarbanes Yarmuth Hall Murphy (PA) Tipton Hanna Neugebauer Turner b 1055 NOT VOTING—30 Harper Noem Upton Brown (FL) Gutierrez Nolan Harris Nugent Valadao Mr. MAFFEI changed his vote from Campbell Hanabusa Palazzo Hartzler Nunes Walberg ‘‘no’’ to ‘‘aye.’’ Clyburn Higgins Pascrell Hastings (WA) Nunnelee Walden So the resolution was agreed to. Walorski Cummings Hinojosa Pelosi Heck (NV) Olson The result of the vote was announced Daines Hoyer Pompeo Hensarling Paulsen Weber (TX) Duffy Johnson, Sam Quigley Herrera Beutler Pearce Webster (FL) as above recorded. Edwards Labrador Scalise Holding Perry Wenstrup A motion to reconsider was laid on Garcia Lewis Scott, David Hudson Petri Westmoreland the table. Gingrey (GA) Lofgren Wagner Huelskamp Pittenger Whitfield Grayson Markey Young (AK) Huizenga (MI) Pitts Williams f Hultgren Poe (TX) Wilson (SC) SEC REGULATORY b 1047 Hunter Posey Wittman Hurt Price (GA) Wolf ACCOUNTABILITY ACT Mr. DEFAZIO and Ms. WILSON of Issa Radel Womack GENERAL LEAVE Florida changed their vote from ‘‘yea’’ Jenkins Reed Woodall Yoder to ‘‘nay.’’ Johnson (OH) Reichert Mr. HENSARLING. Mr. Speaker, I Jones Renacci Yoho ask unanimous consent that all Mem- Mr. WALBERG changed his vote Jordan Ribble Young (AK) from ‘‘nay’’ to ‘‘yea.’’ Joyce Rice (SC) Young (FL) bers have 5 legislative days within So the previous question was ordered. Kelly (PA) Roby Young (IN) which to revise and extend their remarks and submit extraneous material The result of the vote was announced NOES—180 as above recorded. for the record on H.R. 1062, the SEC Andrews Davis, Danny Jeffries The SPEAKER pro tempore. The Regulatory Accountability Act of 2013. Barrow (GA) DeFazio Johnson (GA) The SPEAKER pro tempore. Is there question is on the resolution. Bass DeGette Johnson, E. B. The question was taken; and the Beatty Delaney Kaptur objection to the request of the gen- Becerra DeLauro Keating tleman from Texas? Speaker pro tempore announced that Bera (CA) DelBene Kelly (IL) the ayes appeared to have it. There was no objection. Bishop (GA) Deutch Kennedy The SPEAKER pro tempore. Pursu- RECORDED VOTE Bishop (NY) Dingell Kildee Blumenauer Doggett Kilmer ant to House Resolution 216 and rule Mr. MCGOVERN. Mr. Speaker, I de- Bonamici Doyle Kind XVIII, the Chair declares the House in mand a recorded vote. Brady (PA) Duckworth Kirkpatrick the Committee of the Whole House on A recorded vote was ordered. Braley (IA) Ellison Kuster Brownley (CA) Engel Langevin the state of the Union for the consider- The SPEAKER pro tempore. This is a Bustos Enyart Larsen (WA) ation of the bill, H.R. 1062. 5-minute vote. Butterfield Eshoo Larson (CT) The Chair appoints the gentleman Capps Esty Lee (CA) The vote was taken by electronic de- from Georgia (Mr. WOODALL) to preside vice, and there were—ayes 223, noes 180, Capuano Farr Levin Ca´ rdenas Fattah Lipinski over the Committee of the Whole. not voting 30, as follows: Carney Foster Loebsack [Roll No. 156] Carson (IN) Frankel (FL) Lowenthal b 1057 Cartwright Fudge Lowey IN THE COMMITTEE OF THE WHOLE AYES—223 Castor (FL) Gabbard Lujan Grisham Aderholt Blackburn Carter Castro (TX) Gallego (NM) Accordingly, the House resolved Alexander Bonner Cassidy Chu Garamendi Luja´ n, Ben Ray itself into the Committee of the Whole Amash Boustany Chabot Cicilline Green, Al (NM) House on the state of the Union for the Amodei Brady (TX) Chaffetz Clarke Green, Gene Lynch Bachmann Bridenstine Coble Clay Grijalva Maloney, consideration of the bill (H.R. 1062) to Bachus Brooks (AL) Coffman Cleaver Hahn Carolyn improve the consideration by the Secu- Barber Brooks (IN) Cole Cohen Hastings (FL) Maloney, Sean rities and Exchange Commission of the Barletta Broun (GA) Collins (GA) Connolly Heck (WA) Matheson Barr Buchanan Collins (NY) Conyers Himes Matsui costs and benefits of its regulations Barton Bucshon Conaway Cooper Holt McCarthy (NY) and orders, with Mr. WOODALL in the Benishek Burgess Cook Costa Honda McCollum chair. Bentivolio Calvert Cotton Courtney Horsford McDermott The Clerk read the title of the bill. Bilirakis Camp Cramer Crowley Huffman McGovern Bishop (UT) Cantor Crawford Cuellar Israel McIntyre The CHAIR. Pursuant to the rule, the Black Capito Crenshaw Davis (CA) Jackson Lee McNerney bill is considered read the first time.

VerDate Mar 15 2010 00:57 May 18, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.002 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2732 CONGRESSIONAL RECORD — HOUSE May 17, 2013 The gentleman from Texas (Mr. HEN- Now the President claims that we The Commission is undertaking a SARLING) and the gentlewoman from ought to have this. He issued an execu- valiant effort to finish the Dodd-Frank California (Ms. WATERS) each will con- tive order—No. 13563—saying govern- and Jobs Acts rule, even in the face of trol 30 minutes. ment agencies ought to do it, but then attempts by the majority to restrict The Chair recognizes the gentleman his administration issues a veto threat their funding. As the SEC attempts to from Texas. on this bill. I find that kind of inter- balance capital formation with the Mr. HENSARLING. Mr. Chairman, I esting. So the President says he wants need to protect investors, this bill yield myself such time as I may con- to do it; he’s just not actually going to weights the scales heavily in favor of sume. do it. industry over investors. In fact, the Mr. Chairman, I rise today to urge The SEC mission, among other words ‘‘investor protection’’ do not ap- the adoption of H.R. 1062. This is a bill things, is to ensure that we help form pear anywhere in this bill. that technically is about something capital. You cannot have the benefits Even without this bill, we can count called cost-benefit analysis. I know to of capitalism and the free enterprise on industry lobbyists to sue the SEC some that sounds a little bit like Ph.D. system without capital, capital forma- anytime it sees a weakness in the jus- economics, but, Mr. Chairman, what tion. So it’s necessary to ensure that tification supporting a rule, as they it’s really about is kitchen-table eco- we look at the cost of what we’re have in several other cases currently nomics. doing. before the courts. Apparently, the SEC historically— b 1100 And this bill does not apply only to again, notwithstanding that they claim new rules. This is extraordinary—and I When I go home to the Fifth District they’re going to do it. Most recently, want to say this so everybody under- of Texas, what I hear from my con- we’ve had a unanimous decision of the stands—this bill would require the stituents is that they’re insecure in D.C. Circuit Court of Appeals—unani- Commission to review every rule- their jobs—those who are lucky enough mous decision—in the proxy access making ever issued—even those that to have them. case that the SEC failed—and failed have protected our securities markets We know that millions of our fellow miserably—at ensuring cost-benefit since the Great Depression—1 year citizens are unemployed, are under- analysis, also known as kitchen-table after the adoption of this bill, and then employed; and those who are fortunate economics. How are the costs of their again every 5 years thereafter. As a re- enough to have jobs wonder will they rulemaking going to impact hard- sult, the Commission will be forced to have them tomorrow. working Americans? divert resources away from other key It’s time to remedy this, Mr. Chair- We know again that we are in the areas, such as enforcement. Great Recession, the ‘‘non-recovery’’ man. Our constituents demand it. This comes at a time when House Re- Again, I urge the adoption of H.R. recovery. So the impact of the regula- publicans want to hold SEC funding 1062, and I reserve the balance of my tions that are promulgated in Wash- flat, despite the SEC’s new responsibil- ington, D.C. has a huge impact on time. Ms. WATERS. Mr. Chairman, I yield ities—the increase in the number of kitchen-table economics, on whether or participants it oversees and the growth not our constituents are going to be myself such time as I may consume. I rise to strongly oppose H.R. 1062. of complexity and the size of U.S. secu- able to put gas in the car to take their This bill places significant additional rities markets. children to school, whether or not requirements for economic analysis by It is ironic that as House Republicans they’re going to be able to help an el- the Securities and Exchange Commis- push this bill forward, they are also derly parent with their medical bills, sion, effectively bringing any efforts at calling for the SEC to speed up its ef- how they’re going to put groceries on rulemaking to a standstill. forts on Jobs Act rules. This bill makes the table. Let’s be clear: the purpose of this leg- it impossible for the SEC to meet the It is incumbent upon us, Mr. Chair- islative effort is to stop implementa- very deadline we adopted just 2 days man, to make sure that the rule- tion of the Dodd-Frank Wall Street Re- ago when we passed H.R. 701. making authority—that this body form and Consumer Protection Act I urge my colleagues to oppose H.R. helps grant the executive branch—at dead in its tracks. After losing in Con- 1062, and I reserve the balance of my least has to take into account how gress, the fight against the Dodd-Frank time. their rulemaking impacts hardworking act moved to the courts, beginning Mr. HENSARLING. I yield myself 30 American citizens and those who wish with overturning the proxy access seconds, Mr. Chairman, just to say to work hard. rules they adopted under authority that, number one, in listening to my So this is a very, very simple bill, provided by that act. colleague, the ranking member, I’m Mr. Chairman. It simply says that the Although I agreed fully with the just curious about this concern about Securities and Exchange Commission SEC’s position, they went with their litigation burdens. We certainly didn’t has to adopt cost-benefit analysis to friends to court and the court found see it, as she and many of her col- ensure that the advertised benefits of that the SEC did not meet its already leagues back the proxy access rule, and one of their rules is actually measured significant requirements to conduct an how many have refused to support against the actual cost of what they’re economic analysis. medical liability reform. So I don’t un- doing. This is vitally important. After the proxy access case was over- derstand why the litigation burden Mr. Chairman, as you well know, this turned, the SEC adopted improved concern is not there. body had a vote yesterday to repeal the standards for conducting cost-benefit In addition, I notice that the SEC has Affordable Care Act—or dare I say the analyses. These procedures were cited sought comment in the past on rule- Not So Affordable Care Act. And I’m by the GAO just last December as hav- making to ensure that there is a retro- curious, what would have happened had ing all of the elements of good regu- spective look-back because markets Congress had the benefit of the cost of latory analysis. Basically, what the change. this bill prior to that vote? What would GAO is saying is we took a look, we At this time, Mr. Chairman, I would have happened had we known that the studied it, and they do a good job. like to yield 5 minutes to the chairman Congressional Budget Office said that Nonetheless, the bill before us today of the Subcommittee on Capital Mar- we will have 800,000—almost 1 million— adds even more requirements, tying up kets and GSEs of the Financial Serv- fewer jobs because of ObamaCare? the SEC resources, and putting it at ices Committee, the author of the leg- You know, when we took that vote, even greater risk for litigation for islation, the gentleman from New Jer- Mr. Chairman, all we had were the ad- every rule, despite the assurances of sey (Mr. GARRETT). vertised benefits. But how come we my Republican colleagues that they’re Mr. GARRETT. I thank the gen- didn’t have the Congressional Budget only applying the terms of an execu- tleman. Office report of the cost? That’s just tive order to the SEC. That executive I rise today obviously in support of one example. Almost 1 million fewer order explicitly protects agencies from H.R. 1062, the SEC Regulatory Ac- jobs because nobody bothered to con- lawsuits based on their economic anal- countability Act. duct cost-benefit analysis. It wasn’t re- ysis. H.R. 1062 has no such protection At a time when new regulation after quired at the time. for the SEC. new regulation is being proposed by

VerDate Mar 15 2010 02:53 May 18, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.024 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2733 this administration, it is critical that er post-implementation assessment of what is before us today? A hurdle. Let’s we restore some semblance of order to new regulations so that post-imple- do more. Let’s require them to go back the regulatory process and ensure that mentation cost-benefit analysis can to 1933, review every rule, so they can- our Nation’s small businesses do not also be done, in addition to the pre-im- not do their important work of pro- continue to drown in a sea of red tape. plementation. This will be able to bet- tecting the American taxpayer and our So this legislation specifically subjects ter inform the true impact of the major economy of derivatives fraud, other the SEC to a more robust version of rules once they’re in place. fraud, and other abuses to investors. the President’s own order, which re- Now, some of my colleagues on the The CHAIR. The time of the gentle- quires and outlines an enhanced cost- other side of the aisle say these new re- woman has expired. benefit analysis requirement, as well as quirements will be too costly and will Mrs. CAROLYN B. MALONEY of New requires a review of existing regula- open the SEC to a flood of additional York. I’m just warming up. I think my tions. lawsuits. No, no, no, no. This could be colleagues have a lot to say. It is a pre- further from the truth. By having scription for paralysis. I urge a ‘‘no’’ 1110 b these robust standards, the rules will vote for investor protection. The SEC Regulatory Accountability be drafted so well that they will be Mr. HENSARLING. Mr. Chairman, I Act will do what? It will enhance the thoroughly done, they will not be yield myself 10 seconds just to say to SEC’s existing economic analysis re- struck down by the courts, and we will my friend from New York that if this quirements for requiring the Commis- not have to wade through additional regime is so effective, why was there a sion to first identify the nature of the time and money defending them in unanimous decision in the D.C. Circuit problem that would be addressed before court and then redrafting the rules, Court of Appeals to say it was ineffec- issuing any new regulations. like the proxy access rule. tive, and if it is already on the books While the SEC has already certain So in the end, this is a commonsense, then the worst thing that we have done cost-benefit related requirements in pragmatic approach to our rulemaking is that we are being repetitive. I don’t current law relative to rulemaking, as process that should have been in place think that’s such a great sin. indicated before, recent court decisions all along. And with our economy strug- I now yield 2 minutes to the gen- have vacated or remanded several of gling now with unemployment above tleman from Virginia, the vice chair- these and pointed out the deficiencies 71⁄2 percent, we need to ensure that man of the Capital Markets Sub- in the Commission’s use of cost-benefit we’re making it easier, not harder, for committee, Mr. HURT. analysis. businesses to begin hiring again. Mr. HURT. I thank the chairman for For example, recently the SEC in- Clearly, Mr. Chairman, a stronger yielding and thank him for his leader- spector general issued a report that ex- commitment to economic analysis by ship on this issue. pressed several concerns about the the SEC is absolutely essential to en- Mr. Chairman, I rise today in strong quality of their analysis. They found sure reasonable rules do not unduly support of the bill that’s being offered that none of the rulemaking examined burden registered companies or nega- by Mr. GARRETT. This is a bill that will attempted to quantify either benefits tively impact job creation. ensure the SEC will abide by simple Ms. WATERS. At this time, I would or costs, other than informational col- cost-benefit analysis requirements. yield 2 minutes to the gentlelady from lection cost. All Federal agencies, but especially New York (Mrs. MALONEY). the SEC, affect the efficiency and the This bill will ensure that the benefits Mrs. CAROLYN B. MALONEY of New success of our Main Street businesses— of any rulemaking outweigh the cost, York. Mr. Chairman, I thank the lady our Main Street businesses across Vir- and that both new and existing regula- for yielding and for her leadership. tions are accessible, consistent, writ- I strongly oppose this bill because I ginia’s Fifth District and all across ten in plain language, and easy to un- believe it would in effect cripple the this country. The SEC primarily exists derstand. SEC just as it undertakes the immense to protect investors, maintain fair and The legislation will also require the task of implementing the essential efficient markets, and to facilitate cap- SEC to assess the cost and benefits of Dodd-Frank reforms. May I remind my ital formation. This positions the Com- available regulatory alternatives, in- colleagues that this country lost $12 mission as a critical component of our cluding the alternative of not regu- trillion, according to some estimates, small businesses’ ability to access the lating at all, and to choose the ap- and it happened in part because regu- capital they need to grow jobs. If ac- proach that basically gives us the best lators, like the SEC, were ill-equipped, cess to capital continues to be con- benefits. underfunded, and did too little, too strained by overly burdensome regula- Under the bill, the SEC shall evalu- slowly. tions, we will not see the economic ate whether a proposed regulation is The Republican bill comes in the growth in the jobs that we need in my inconsistent, incompatible, or duplica- guise of requiring the SEC to under- district and across the United States. tive of other Federal regulations, as take a cost-benefit analysis of regula- While it is critical that the SEC be well. tions. But it is really a prescription for able to promulgate certain rules to im- So because some rulemaking has paralysis of the SEC’s ability to pro- plement congressional legislation, it is been politicized in the past, the bill tect our investors and our markets. also critical that Congress clearly set then requires this cost-benefit analysis There is already a multilayered and forth its legislative prerogatives. As which I talk about will be performed by highly effective cost-benefit analysis Members of Congress, we must ensure who? By the Commission’s chief econo- built into the SEC rulemaking process. that the rules that the SEC adopts are mist. Just look at the recent D.C. Circuit with good purpose and that they are These are commonsense reforms. case where the court overturned an not unduly adding more burdens on They are appropriate, especially given SEC proxy access rule and sent a mes- hardworking Americans at a time when the fact that the Commission con- sage back to the SEC reminding them our economy is struggling. tinues to struggle with this issue. For of all the cost-benefit analysis that Indeed, I believe that all Federal instance, as already pointed out in the they are required to do now by law. agencies should be held accountable by recent unanimous decision of the D.C. They stated they will vacate any rule the Congress to ensure that the cost of Circuit Court of Appeals, which va- if this is not done. the rules that they promulgate will not cated the Commission’s proxy access Already there is analysis required be greater than the benefit of those rule, the Court stated: under the Paperwork Reduction Act, rules to the American people. The Commission acted arbitrarily and ca- the Congressional Review Act, and the Congressional oversight is our con- priciously for having failed once again ade- Regulatory Flexibility Act. And just stitutional responsibility, and I’m quately to assess the economic benefits of a for the SEC alone, in 1996, we passed proud to support this legislation to en- new rule and inconsistently and the National Securities Market Im- sure that excessive Federal regulations opportunistically framed the costs and bene- provement Act requiring a cost-benefit are not unnecessarily hindering job fits of the rule. analysis. creation at a time when the people The bill also includes, besides all It is already there, it is on the books, across Virginia’s Fifth District need this, a section that will provide a clear- and it is enforced by our courts. So jobs the most.

VerDate Mar 15 2010 02:53 May 18, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.026 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2734 CONGRESSIONAL RECORD — HOUSE May 17, 2013 I urge passage of this good bill. leagues to join with me in supporting sary regulations and allow businesses Ms. WATERS. I now yield 2 minutes the SEC Regulatory Accountability to grow and to create jobs. Why, in 1 to the gentlelady from Wisconsin, Rep- Act. month alone, over a million jobs were resentative GWEN MOORE. Ms. WATERS. I yield 2 minutes to created. Ms. MOORE. Mr. Chairman, I thank the gentleman from Minnesota, Rep- That’s why I support the Regulatory the gentlelady. Just let me say that a resentative ELLISON. Accountability Act. It’s very simple. It 2013 GAO study estimated that the fi- Mr. ELLISON. Mr. Chairman, we just requires a cost analysis of new leg- nancial crisis cost the U.S. economy a hear folks mentioning the need for islation and new requirements for busi- total of more than $22 trillion—a crisis families to have gas and to pay medical nesses before they’re implemented and brought on by Wall Street deregulation bills and to pay groceries—but wait a then post-adoptive analysis after that allowed firms and markets to op- minute. they’ve been put into effect. erate unchecked and without account- Didn’t the Wall Street reform crisis Mr. Chairman, we have 59 economists ability. of 2008 nearly destroy the American at the SEC today and 175 attorneys, all Supporters of this bill seek to ignore economy? Didn’t it lead to 4 million trying to justify their careers with new those lessons and bind the SEC to the foreclosures? Didn’t it nearly wipe out regulations that they are writing all myopic vision of deregulation that was billions of dollars in home value? the time. This has got to change. We completely discredited when it nearly Didn’t it do all of these things? In 2008, need a positive business climate that caused a second Great Depression. didn’t we see Wall Street fraudster Ber- will bring us out of the bondage of This bill raises intractable hurdles to nie Madoff rip off billions from inves- Washington micromanagement and regulation, making it impossible to tors and charities and retirees, which that will allow hardworking Americans protect investors, even in the presence is something that the SEC has jurisdic- to create better jobs and find better of fraud. Instead, this bill requires the tion over? jobs to support their families and pro- SEC to eliminate accountability for So then, why now are we under- vide for them. market participants, despite the sys- mining Wall Street reform and the Ms. WATERS. Mr. Chairman, I yield tematic risk that it imposes. ability of the SEC to protect investors? 2 minutes to the gentleman from Con- Now, my dear colleagues on the other Why are we gumming up the works and necticut, Representative HIMES. side, I’ve heard them wax on and on making it so much more difficult? I Mr. HIMES. Thank you, Madam and on about a cost-benefit analysis. mean, the ink is barely dry on the bill, Ranking Member, and thank you for This bill focuses totally on the cost to and they are already deconstructing it. your leadership of our side on this com- market participants and talks nothing, There is an interesting article I mittee. nothing, nothing about the benefits of would ask all of us to take a look at. Mr. Chair, I rise in opposition to H.R. the SEC regulation in protecting inves- It’s called, ‘‘He Who Makes the Rules,’’ 1062. tors and avoiding systemic risk, noth- by Haley Edwards: I find it curious that Chairman HEN- ing about the value of preventing an- Barack Obama’s biggest second-term chal- SARLING, a man for whom I have a other financial meltdown. lenge isn’t guns or immigration. It’s saving great deal of respect, frames this legis- his biggest first-term achievements, like the lation in the context of the huge im- 1120 b Dodd-Frank law, from being dismembered by pact that financial regulation is sup- The Republicans’ cost-benefit rhet- lobbyists and conservative jurists in the posedly having on jobs in his district oric on this bill cloaks its reality, shadowy, Byzantine ‘‘rulemaking’’ process. and on jobs in this country. which is that this bill benefits Wall The fact is that we know what’s I’ve read all of the economic reports Street and costs taxpayers. Wall Street going on here. We know what the game from the Federal Reserve to econo- bemoans all regulations as too costly; is. It has nothing to do with groceries mists on the left and the right, and not yet they keep posting record profits or medical bills. It’s about Wall one of them says that our economy is and keep paying record bonuses. Street’s interests and its trying to ex- recovering slowly because of financial I urge all of my colleagues to support pand even more in the area of bonuses regulation. They talk about the aus- those hurt by the financial crisis and and profitability, which it has so much terity. They talk about the sequester to vote against this legislation. of already. Banks are enjoying their as meaningfully reducing the number Mr. HENSARLING. Mr. Chairman, at largest profits in history, and yet we of jobs in this country. By the way, this time, I yield 11⁄2 minutes to the are considering a bill that would under- they’re policies that Chairman HEN- gentleman from Frog Jump, Tennessee mine landmark Wall Street reform. SARLING’s party has supported from (Mr. FINCHER). This bill undermines the financial se- moment one. They talk about Europe. Mr. FINCHER. Mr. Chairman, I rise curity for the American people and the They talk about housing. They talk today in support of the SEC Regu- economy. about inadequate demand. Nobody says latory Accountability Act. Now, I am a firm believer in the that financial regulation is materially Title I of the JOBS Act was so impor- American process of civil redress, but I impeding our recovery. tant for smaller companies in trying to also know that you can kick the door Curious that that’s on the table. go public, because a lot of regulations open and use strategic lawsuits simply Curious also that 2 days ago this come with the IPO process. If more and to slow down and gum up the works. House passes legislation to demand the more of a company’s resources have to It’s clear that that would be the effect SEC to speed up its rule writing on the be dedicated to government regula- of this particular piece of legislation, JOBS Act, and today we are here to tions, the company can’t expand and which is duplicative and which is un- pass a measure that would actually create jobs. That’s why we need a bal- necessary. slow down the SEC. anced approach to regulations. Vote ‘‘no’’ on H.R. 1062. Curious. Why is that? Before I make any major decision, Mr. HENSARLING. Mr. Chairman, I Curious that the other side, my like every hardworking taxpayer, I use yield 11⁄2 minutes to the gentleman friends in the Republican Party, have common sense. I evaluate the effect from North Carolina (Mr. PITTENGER). consistently sought to underfund the that decision will have on me, on my Mr. PITTENGER. I rise today in sup- SEC at the very moment in history bank account, on my family, and so on. port of H.R. 1062, the SEC Regulatory when we have added dramatically to Why shouldn’t the Federal Government Accountability Act. their purview—the derivatives market, ask itself those same questions? Mr. Chairman, we are coming out of the mortgage market—that they now Shouldn’t the SEC question if a regula- and are still in the worst recession re- must regulate. Yet, in 2011, when they tion is good for business? Does it help covery since the 1930s. Our economic were first to assume these responsibil- capital formation? Will it do more growth is at an anemic 21⁄2 percent. We ities, the Republicans sought to cut the harm than good or vice versa? can’t continue like this. It’s all be- SEC budget by $300 million against All we are asking the SEC to do is a cause we have got a very burdensome what was ultimately paid for. simple economic analysis before regulatory environment. What we need So what is really happening? If I may issuing a potentially expensive regu- is a regular recovery, one in which quote the chairman, what is this really latory action. I encourage my col- they lift the burdensome and unneces- about? None of that makes sense.

VerDate Mar 15 2010 02:53 May 18, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.028 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2735 What this is really about is an ongo- to regulating the financial sector. She ferent economists and different job cre- ing ideological effort to tie the regu- wants to strengthen enforcement, she ators than I have because what I under- latory agencies up by cutting their wants to oversee the markets through stand from them is that, frankly, we budgets, by refusing to confirm their wise regulations that keep pace with have trillions of dollars of capital sit- leadership, by imposing litigation hur- technology, and she wants to complete ting on the sidelines because of Dodd- dles and cost-benefit analyses ad nau- the rulemaking progress for Dodd- Frank, because we have rulemaking seam such that they cannot do their Frank. We know how important each of that falls into two categories: those job; and if they can’t do their job, this those things is. She certainly has her that create uncertainty and those that country loses jobs. work cut out for her, but it sounds like create certain harm. Mr. HENSARLING. Mr. Chairman, at she knows just what the doctor or- Last, but not least, I actually have this time, I yield 1 minute to the chair- dered. the numbers from CBO on the budget of man of the Financial Services and Gen- Unfortunately, today’s bill threatens the SEC. And I think if you examine eral Government Appropriations Sub- to distract Chairman White from her them carefully, Mr. Chairman, you will committee, the gentleman from Flor- efforts to protect investors and to pro- discover that in a little over 10 years, ida (Mr. CRENSHAW). tect our financial system from another this is an agency whose budget has in- Mr. CRENSHAW. I thank the gen- crisis. Today’s bill piles needless re- creased 300 percent. tleman for the time, and I thank Mr. quirements and bureaucratic burdens I reserve the balance of my time. GARRETT for bringing this important on an agency that’s already got too Ms. WATERS. Mr. Chairman, I yield piece of legislation before the House much to do and that is underfunded. 3 minutes to the gentleman from Illi- today. A critical part of the SEC’s mission nois, Representative FOSTER. As chairman of the Appropriations is protecting investors. This bill pro- Mr. FOSTER. Mr. Chairman, I rise in Subcommittee on Financial Services, tects banks from regulation. It does opposition to this bill. my subcommittee has oversight of the nothing for investors. In fact, it could When my colleagues speak about the budget of the SEC. hurt investors in the long term. burdensome cost of regulations, I I think that Members would be inter- Chairman White has already com- would like to remind them of the high ested in knowing that that budget has mitted to issuing rules in a thoughtful cost of deregulation and inadequately increased over 200 percent in the last way that incorporates rigorous eco- funded regulators that we witnessed in decade and that the SEC this year is nomic analysis, and she told us that 2008. asking for a substantial increase, more yesterday. This bill would increase the oper- than most agencies. So I think, if that The bill is also unnecessary. Regu- ating costs of the SEC without any in- is the case, then it’s important that lating our financial sector and pro- crease in the agency’s budget. Just yes- the SEC spends the money that they tecting American investors is a tall terday, the chairman of the SEC receive in the right way and that they task as it is. We should be passing laws warned the Financial Services Com- set the right priorities. that make the SEC’s job easier, not mittee that this bill would divert re- It seems to me that, if rules and reg- harder. We should be providing the SEC sources from enforcing investor protec- ulations are important and if they’re with the resources that it needs to do tions. And last year, former-SEC Chair- necessary, then the cornerstone of that that job, and that’s why I urge my col- man Schapiro said that a nearly iden- rulemaking process should be: What leagues to oppose today’s legislation. tical bill would ‘‘significantly impede kind of impact is that going to have on Mr. HENSARLING. Mr. Chairman, I the SEC’s ability to administer the se- the people in this country? What kind yield 2 minutes to myself. curities laws.’’ of far-reaching impact is it going to I would like to do a little factual I would remind my colleagues that have? How much does that cost? What cleanup here, Mr. Chairman, on some the failure to administer the security are the benefits? things that my Democratic colleagues laws and regulate our financial system b 1130 have said. has cost us $16 trillion. That’s the I believe I understood my friend, the amount that families in America lost So far, the SEC hasn’t quite gotten gentlelady from Wisconsin, to say no- during the financial crisis. That is that right. The inspector general has where in this bill is the word ‘‘bene- more than $50,000 for every man, said that, courts have said that, and all fits.’’ First, I would say, number one, it woman, and child in the United States. this bill does is simply say to the SEC is a 10-page bill, not a 2,000-page bill. During the financial crisis, in the what we would all agree is common And on the very first page, line 11, you last 18 months of the Bush administra- sense. It’s not a partisan idea. It’s not read the word ‘‘benefits.’’ If you turn to tion, the average American family lost a Democratic idea. It’s not a Repub- page 2—not page 2,000—page 2, line 3: a quarter of its net worth. Compare lican idea. that to the onset of the Great Depres- The CHAIR. The time of the gen- ‘‘Utilize the Chief Economist to assess sion where families lost only about 12 tleman has expired. the cost and benefits.’’ So let me cor- Mr. HENSARLING. I yield the gen- rect that for the record. percent of their net worth during a 5- tleman an additional 30 seconds. Second of all, we had discussion year period. So by that measure, our Mr. CRENSHAW. All this bill does is about the failure of regulation and how last financial crisis was twice as big say—not as an afterthought, but as the this bill might lead to another Great and twice as fast as the onset of the cornerstone to the rulemaking proc- Recession or financial crisis. I would Great Depression. ess—the SEC simply understands the point out to my friends that it was the But the cost of inadequate regulation economic impact it’s going to have and failure to understand the cost of does not stop there: $1.6 billion, that’s there’s a cost-benefit analysis done. Fannie and Freddie, the failure to un- the amount that disappeared from cus- It’s a good bill, and I urge its pas- derstand the cost of the affordable tomer accounts at MF Global in 2011; sage. housing goals that put millions of our $17 billion, that’s the amount that in Ms. WATERS. I yield 2 minutes to fellow citizens into homes that they 2009 Bernie Madoff was convicted of the gentleman from Delaware (Mr. could not afford to keep. scamming investors out of; $1 trillion, CARNEY). So maybe, just maybe, had this body that’s the amount of wealth that dis- Mr. CARNEY. Thank you, Ranking and the other body realized the full appeared and reappeared in less than 20 Member, for your leadership on efforts cost of their folly and how it could not minutes during the flash crash of 2010. to strengthen the SEC and to beat back only bring this economy to its knees, To put these figures in perspective, this legislation. that it could cause our fellow citizens let’s consider and compare them to As a member of the Financial Serv- to risk their meager lifesavings on bank robberies. Every year, banks lose ices Committee, I had the privilege homes they couldn’t afford to keep, $38 million to robberies; yet we spend yesterday of meeting the new SEC maybe had a cost-benefit analysis been $24 billion every year on armed guards, chairman, Mary Jo White. I was very in place at that time, we wouldn’t have vault doors, and FBI investigations. So impressed. the suffering that we have today. for bank robberies, we spend 600 times I heard her describe her plans to take I would say to my friend from Con- more on prevention than on actual a tough, fair, and apolitical approach necticut, he is clearly talking to dif- losses. Just imagine if we applied that

VerDate Mar 15 2010 02:53 May 18, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.030 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2736 CONGRESSIONAL RECORD — HOUSE May 17, 2013 same factor of 600 to investor losses I would like to thank the gentleman 1934. No other agency in the Federal from securities fraud and market ma- from New Jersey, Chairman GARRETT, Government is saddled with that kind nipulation. The budgets of our regu- as well as the chairman of the Finan- of burden. lators would be hundreds of times larg- cial Services Committee, the gen- Mr. HENSARLING. Mr. Chairman, I er than they are today. The cynic in tleman from Texas, for their leadership yield myself 30 seconds to say to my me can only conclude that what’s real- on this issue. friend from Georgia when he talks ly going on here is that the bank rob- Mr. Chairman, I strongly support the about the incredible burden of a retro- bers just have really crummy lobby- passage of the bill, and I urge my col- spective look back, I would quote: ists. leagues in the House to do so as well. Because considerations of efficiency and But seriously, if we can spend 600 Ms. WATERS. I yield 3 minutes to competition in capital formation evolve over times the amount of actual losses to the gentleman from Georgia (Mr. time, a retrospective analysis of the Com- prevent bank robberies, why will my DAVID SCOTT). mission’s rules and regulations is fully with- colleagues not support the President’s Mr. DAVID SCOTT of Georgia. I in the Commission’s statutory mandate. request to spend one-ten-thousandth of thank Ranking Member WATERS for That comes from the ABA. the amount that families lost in the fi- yielding. I would also quote this as well: nancial crisis on the SEC’s annual Mr. Chairman, I rise today to join my The safety of workers’ retirement savings budget? colleagues in strong opposition to H.R. that are invested in the capital markets de- I challenge my colleagues who sup- 1062, the SEC Regulatory Account- pend in large part on the Commission’s rules port this bill to commit to supporting ability Act. and regulations for the protection of the in- the President’s request to increase the Unfortunately, what we have before vestors. To be effective, securities regulations must be continuously updated to ad- SEC’s budget. I remind them again of us today is nothing more than a thinly veiled attempt at paralyzing an agency dress the emergence of new loopholes, the high cost of inaction which led to abuses, and market failures. under the guise of an otherwise worthy far too many of our constituents losing AFL–CIO. their homes, their retirement funds, activity, which is cost-benefit analysis. Cost-benefit analysis is a good thing to Mr. Chairman, how much time re- and their small businesses a few years mains on both sides? ago. do, but not under the terms of this bill. Mr. Chairman, I don’t think that The CHAIR. The gentleman from By shortchanging the security of our 1 there is anybody in this body who is Texas has 11 ⁄2 minutes remaining. The financial markets, my colleagues are 1 opposed to an honest, open, balanced, gentlewoman from California has 10 ⁄2 endorsing the same irresponsible path. minutes remaining. I urge my colleagues to oppose this thorough, and truly objective cost-benefit analysis in the rulemaking process. Mr. HENSARLING. I reserve the bal- bill. ance of my time. Mr. HENSARLING. Mr. Chairman, I On the contrary, we all agree that it is essential for creating good policy, as I Ms. WATERS. Mr. Chairman, I yield now proudly yield 1 minute to the dis- 2 minutes to the gentleman from Wash- tinguished majority leader, the gen- said. However, the regime established ington, Representative DENNY HECK. tleman from Virginia (Mr. CANTOR). in this bill is nothing but. Rather, the assumptions which would be codified Mr. HECK of Washington. I thank the Mr. CANTOR. I thank the gentleman ranking member. from Texas. into statute by this bill are worded in such a way as to prejudice the outcome Mr. Chair, I have a different take on Mr. Chairman, I rise today to support this. I rise to oppose this bill not be- the SEC Regulatory Accountability of the analysis toward the side of not regulating at all in nearly every cir- cause it seeks to and would effectively Act of 2013. undermine the ability of the SEC to The American economy is hurting, cumstance. function, although it certainly does and what we need is less government And while some in this body may that. Instead, I want to speak to those standing in the way of the private sec- think that this is a good thing, ask the who are laboring under the impression tor, not more. This act will bring about Americans who were victims of the lat- that this is good legislation and are some commonsense reforms by requir- est financial meltdown, many of whom conservatives, because it is not good ing the SEC to review existing regula- are still suffering because of it. Ask legislation, and it is not rooted in con- tions, as well as preventing new and them what they think, because the servative principles. unnecessary ones that would only con- SEC, Mr. Chairman, is currently re- Indeed, if red States tend to send tinue to slow economic growth and quired to balance protection of inves- more conservatives to this Chamber, hurt businesses and families. tors with the maintenance of effective then they would respect their conserv- With job growth struggling and our and efficient markets. This bill would atism by lighting up red, every one of already having experienced several do away with that balance by focusing them, when we get to final passage. years of high unemployment, we’ve got solely on the cost to the industry and Conservatives don’t pass unnecessary to make certain that we’re doing what investor choice. Nowhere in the bill is legislation. And yesterday, when we we can to ensure that it’s easier, and investor protection, which is a part of had the privilege of having Mary Jo not harder, for businesses to hire the SEC’s core mission, even men- White, the new chair of the SEC before again. tioned at all. Moreover, I think it is crucial to our committee, she was directly asked: b 1140 point out that this bill does nothing to Is this legislation necessary? She was This act will do just that by first ease the strain on the SEC’s resources. unanimously confirmed, applauded by clearly defining the root of a problem Instead, it exacerbates the problem by both sides of the aisle, all philosophies. before trying to implement perhaps un- slapping the SEC with a huge new ad- She said: just and redundant burdens on Amer- ministrative responsibility, all while Not only is it unnecessary, it’s undesir- ica’s businesses. they are still working, curiously, to able. This is an appropriate reform bill implement Dodd-Frank and the Jobs Conservatives don’t enact unfunded that should garner bipartisan support. Act, without giving them the resources mandates on State governments or The President’s own Jobs Council has to accomplish the task. local governments or on Federal agen- advocated regulatory reform by focus- How on Earth do my colleagues who cies. This is a massive unfunded man- ing on streamlining the current system support this bill think that the SEC date. for permitting projects that can create can produce the type of analysis And finally, true conservatives and a jobs. That Jobs Council understood they’re asking for—any analysis at all, lot of the rest of us seek commonsense that regulations involving the Federal, for that matter—without the addi- regulatory relief, especially for com- State, and local level can lead to a tan- tional staff that even the CBO says munity banks and credit unions, not gled web of red tape and cause a bu- they will be required to have? The additional unnecessary, unfunded regu- reaucratic nightmare. The current sys- problem is especially acute considering latory activity. tem will only continue to stunt eco- this bill would require going back and You know, Mr. Chair, we have several nomic growth, and this act is a much- studying every rule in effect since the regulatory relief bills before our com- needed step in the right direction. agency was first created way back in mittee, not yet scheduled, not yet

VerDate Mar 15 2010 02:53 May 18, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.032 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2737 heard. Congresswoman CAPITO has H.R. cial activity that contributes to the Nation’s We oppose these bills because they would 1553 to grant some regulatory relief to economic health and job creation. While the undermine the sensible framework for de- community banks and credit unions. Administration is firmly committed to rivatives market regulation put in place by smart and effective regulations that advance Let’s vote H.R. 1062 down and get on to Dodd-Frank. One of these bills, H.R. 1062, statutory goals in the most cost-effective would not only undermine derivatives regu- the work of those bills and grant real and efficient manner, the Administration op- lation but would significantly undermine the regulatory relief if we seek to support poses passage of H.R. 1062. By adding burden- SEC’s ability to function by imposing sub- the SEC in its mission to protect inves- some and disruptive new procedures, H.R. stantial additional administrative burdens tors and promote fair, orderly, and effi- 1062 would impede the ability of the SEC to on the agency. cient markets. protect investors, maintain orderly and effi- Less than five years have passed since the Mr. Chair, if you are a true conserv- cient markets, and facilitate capital forma- financial crisis wreaked havoc on the U.S. tion. economy, yet Wall Street is back to raking ative, you’re going to vote ‘‘no’’ on The Administration believes in the value H.R. 1062. of cost-benefit analysis. However, H.R. 1062 in the profits while working people are Mr. HENSARLING. Mr. Chairman, I would add onerous procedures that would struggling to get by. Now they are asking threaten the implementation of key reforms you to vote for bills that will allow them to would like to yield 1 minute to the au- return to the risky trading practices that thor of the bill, the gentleman from related to financial stability and investor protection. H.R. 1062 would direct the SEC to caused the 2008 crisis. New Jersey (Mr. GARRETT). conduct time- and resource-intensive assess- We urge you to stand with the middle class Mr. GARRETT. I was not going to ments after it adopts or amends major regu- and vote against these bills and preserve the speak again until, in fact, I was being lations before the impacts of the regulations basic derivatives market protections that lectured on what a true conservative is may have occurred or be known. The bill Congress so sensibly put in place when it by the other side of the aisle, who gave would add analytical requirements that passed Dodd-Frank in 2010. us the over 2,000-page Dodd-Frank leg- could result in unnecessary delays in the Sincerely, islation that has in fact stymied the rulemaking process, thereby undermining WILLIAM SAMUEL, Director, the ability of the SEC to effectively execute Government Affairs Department. economy, despite what the gentleman its statutory mandates. from Connecticut was saying before, The Administration is committed to a reg- AMERICANS FOR FINANCIAL REFORM, that is setting literally trillions of dol- ulatory system that is informed by science, Washington, DC. lars on the side, not being invested; cost-justified, and consistent with economic DEAR REPRESENTATIVE: On behalf of Ameri- that the unemployment rate hovers at growth. Through efforts including Executive Order 13579, ‘‘Regulation and Independent cans for Financial Reform, we are writing to high levels because of this stagnation express our opposition to HR 1062, the ‘‘SEC in the economy because of the legisla- Regulatory Agencies,’’ the Administration is taking important steps to encourage inde- Regulatory Accountability Act’’ This legis- tion. pendent agencies to follow cost-saving and lation would imperil the implementation of To the other side of the aisle, to de- burden-reducing principles in their reviews many important financial regulatory rules fine what a true conservative is, a true of new regulations, and to examine their ex- by adding numerous unnecessary procedural conservative would actually read the isting rules to identify those that should be requirements to rulemakings by the Securi- bill, as other Members of the other side modified, streamlined, or repealed. ties and Exchange Commission (SEC). of the aisle have not done. Those who The SEC is already required to conduct economic analysis on every rule it passes, could not find simple words such as AMERICAN FEDERATION OF LABOR AND CONGRESS, and to examine the effect of its rulemakings ‘‘benefit’’ when it is listed many times, Washington, DC, May 6, 2013. on capital formation, market efficiency, and those who could not find the benefits Hon. JEB HENSARLING, competition. This legislation would add a to investors when it’s listed multiple Chairman, House Financial Services Committee, lengthy list of additional cost-benefit re- times. A true conservative would un- Rayburn House Office Building, Wash- quirements to these existing requirements. derstand what they’re talking about ington, DC. The new requirements in HR 1062 include a when they come to the floor, Mr. Hon. MAXINE WATERS, requirement to separately analyze the costs Chairman. A true conservative would Ranking Minority Member, House Education and benefits of the entire set of ‘‘available regulatory alternatives’’ in addition to the do what’s in the best interest of the and the Workforce Committee, Rayburn House Office Building, Washington, DC. costs and benefits of the actual rule being economy, of the investor, of the job DEAR CHAIRMAN HENSARLING AND RANKING considered. Since this set of alternatives seekers of this country, as well. A true MINORITY MEMBER WATERS: On behalf of the may contain numerous possibilities, this re- conservative would support this legis- AFL–CIO, we urge you to oppose the ‘‘Busi- quirement alone could add dozens of analyses lation. ness Risk Mitigation and Price Stabilization prior to any new rulemaking. Even beyond Act’’ (H.R. 634); the ‘‘Inter-Affiliate Swaps this massive new requirement, the legisla- b 1150 Clarification Act’’ (H.R. 677); the ‘‘Swaps tion also specifies a long list of additional Ms. WATERS. Mr. Chairman, I yield Regulatory Improvement Act’’ (H.R. 992); the analyses to be performed in connection with ‘‘SEC Regulatory Accountability Act’’ (H.R. myself such time as I may consume. any new rulemaking, including analyses of 1062); the ‘‘Swaps Jurisdiction Certainty the effect of new rules on market liquidity, First, I have a number of commu- Act’’ (H.R. 1256): and the ‘‘Financial Com- investor choice, state and local governments, nications that I will insert into the petitive Act’’ (H.R. 1341) all scheduled for and other entities. RECORD. markup tomorrow. Each of these bills, if The requirements in this bill would force I have a Statement of Administra- passed, would undermine the framework the agency to measure costs and benefits of tion Policy from the Executive Office Congress put in place in the Dodd-Frank a new rule before that rule was even imple- of the President; I have American Fed- Wall Street Reform and Consumer Protec- mented or market data resulting from the tion Act of 2010 to prevent risky derivatives rule was available. They also include enor- eration of Labor and Congress of Indus- trading from contributing to another global trial Organizations; I have Americans mously broad and vague mandates such as financial crisis. determining whether a regulation imposes for Financial Reform; I have AFSCME; Reckless derivatives trading played a crit- the ‘least burden possible’ among all possible and I also have California Public Em- ical role in the 2008 financial crisis, turning regulatory options. A court could overturn the fallout from the crash of the domestic ployees Retirement System, all in op- the SEC’s decision in any case where it found housing market into a global economic ca- position to this bill, and asking us to any one of the numerous analyses required please oppose the bill. tastrophe. Whether measured in lost jobs and homes, lower earnings, eroding retirement here to be inadequate. The vagueness of EXECUTIVE OFFICE OF THE PRESI- security or devastated communities, work- mandates like the ‘least burden possible’ DENT, OFFICE OF MANAGEMENT ing people paid a tremendous price for Wall means that court challenges or court deci- AND BUDGET, Street’s greed when the financial crisis hit. sions could rest on claims that are essen- Washington, DC, May 15, 2013. The AFL–CIO strongly supports the com- tially speculative and theoretical. These new mandates would not improve the quality of STATEMENT OF ADMINISTRATION POLICY mon-sense protections put in place by Title VII of Dodd-Frank. Title VII creates basic the regulatory process; they would stop it in H.R. 1062—SEC REGULATORY ACCOUNTABILITY structures that have existed in other, well- its tracks. ACT functioning financial markets for decades— The lengthy list of new requirements in (Rep. Garrett, R–NJ, and 23 cosponsors) clearinghouses to protect the safety and this bill is transparently intended to create The Securities and Exchange Commission soundness of the market and its partici- roadblocks in the way of passing any inves- (SEC) plays a critical role in protecting pants; exchanges and execution facilities to tor protection rule. The effect would be to Americans’ investments for retirement, provide transparency; and business conduct halt the process of implementing rules under higher education, and other personal savings standards to ensure that everyone plays fair- the Dodd-Frank Act—and potentially also while ensuring strong, efficient, safe finan- ly. rulemakings under more recent laws such as

VerDate Mar 15 2010 05:25 May 18, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.034 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2738 CONGRESSIONAL RECORD — HOUSE May 17, 2013 the JOBS Act. Indeed, HR 1062 would put sig- cates; National Association of Neighbor- Long Island Housing Services NY; nificant pressure on the SEC to disregard hoods; National Community Reinvestment MaineStream Finance, Bangor ME; Mary- congressional mandates by making the agen- Coalition; National Consumer Law Center land PIRG; Massachusetts Consumers’ Coali- cy evaluate the need for regulations that (on behalf of its low-income clients); Na- tion; MASSPIRG; Massachusetts Fair Hous- Congress has unequivocally directed the SEC tional Consumers League; National Council ing Center; Michigan PIRG; Midland Com- to write. Further, the numerous additional of La Raza; National Council of Women’s Or- munity Development Corporation, Midland procedural and analytical requirements im- ganizations; National Fair Housing Alliance. TX; Midwest Minnesota Community Devel- posed by this bill come with no additional National Federation of Community Devel- opment Corporation, Detroit Lakes MN; Mile funding for the SEC. Asking the SEC to do so opment Credit Unions; National Housing Re- High Community Loan Fund, Denver CO; much more without additional resources source Center; National Housing Trust; Na- Missouri PIRG; Mortgage Recovery Service would make the current regulatory delays at tional Housing Trust Community Develop- Center of L.A.; Montana Community Devel- the SEC—evidenced by the numerous con- ment Fund; National NeighborWorks Asso- opment Corporation, Missoula MT. gressionally mandated deadlines it has ciation; National Nurses United; National Montana PIRG; Neighborhood Economic missed—even worse. People’s Action; National Urban League; Development Advocacy Project; New Hamp- Reforms that create accountability and Next Step; OpenTheGovernment.org; Oppor- shire PIRG; New Jersey Community Capital, transparency for Wall Street are crucial to tunity Finance Network; Partners for the Trenton NJ; New Jersey Citizen Action; New the well-being of our financial markets and Common Good; PICO National Network; Jersey PIRG; New Mexico PIRG; New York to the protection of investors and market Progress Now Action; Progressive States PIRG; New York City Aids Housing Network; participants. But they will also change a Network; Poverty and Race Research Action New Yorkers for Responsible Lending; NOAH very profitable status quo that earns a small Council; Public Citizen; Sargent Shriver Community Development Fund, Inc., Boston group of Wall Street banks many billions of Center on Poverty Law; SEIU; State Voices; MA; Nonprofit Finance Fund, New York NY; dollars each year. Financial industry special Taxpayer’s for Common Sense; The Associa- Nonprofits Assistance Fund, Minneapolis M; interests have every interest in blocking tion for Housing and Neighborhood Develop- North Carolina PIRG; Northside Community change. This legislation is a toolbox that ment; The Fuel Savers Club; The Leadership Development Fund, Pittsburgh PA; Ohio would allow them to use legal challenges to Conference on Civil and Human Rights; The Capital Corporation for Housing, Columbus do so indefinitely. Seminal; TICAS; U.S. Public Interest Re- OH; Ohio PIRG; OligarchyUSA; Oregon State According to polling data, over 70 percent search Group; UNITE HERE; United Food PIRG; Our Oregon; PennPIRG; Piedmont of Americans favor stronger rules and en- and Commercial Workers; United States Stu- Housing Alliance, Charlottesville VA; Michi- forcement for big Wall Street banks and the dent Association; USAction; Veris Wealth gan PIRG. financial services industry. A large majority Partners; Western States Center; We the Rocky Mountain Peace and Justice Center, also favor the Dodd-Frank Wall Street Re- People Now; Woodstock Institute; World Pri- CO; Rhode Island PIRG; Rural Community form Act. In the face of the public’s demand vacy Forum; UNET; Union Plus; Unitarian Assistance Corporation, West Sacramento for change, Congress must reject legislation Universalist for a Just Economic Commu- CA; Rural Organizing Project OR; San Fran- such as HR 1062, which, regardless of its in- nity. cisco Municipal Transportation Authority; tentions, would hamper effective oversight LIST OF STATE AND LOCAL AFFILIATES Seattle Economic Development Fund; Com- of our financial markets. Alaska PIRG; Arizona PIRG; Arizona Ad- munity Capital Development; TexPIRG; The Thank you for your consideration. For vocacy Network; Arizonans For Responsible Fair Housing Council of Central New York; more information please contact AFR’s Pol- Lending; Association for Neighborhood and The Loan Fund, Albuquerque NM; Third Re- icy Director, Marcus Stanley. Housing Development NY; Audubon Partner- construction Institute NC; Vermont PIRG; Sincerely, ship for Economic Development LDC, New Village Capital Corporation, Cleveland OH; AMERICANS FOR FINANCIAL REFORM. York NY; BAC Funding Consortium Inc., Virginia Citizens Consumer Council; Vir- FOLLOWING ARE THE PARTNERS OF AMERICANS Miami FL; Beech Capital Venture Corpora- ginia Poverty Law Center; War on Poverty— FOR FINANCIAL REFORM tion, Philadelphia PA; California PIRG; Cali- Florida; WashPIRG; Westchester Residential All the organizations support the overall fornia Reinvestment Coalition; Century Opportunities Inc.; Wigamig Owners Loan principles of AFR and are working for an ac- Housing Corporation, Culver City CA; Fund, Inc., Lac du Flambeau WI; WISPIRG. countable, fair and secure financial system. CHANGER NY; Chautauqua Home Rehabili- SMALL BUSINESSES Not all of these organizations work on all of tation and Improvement Corporation (NY); Blu; Bowden-Gill Environmental; Commu- the issues covered by the coalition or have Chicago Community Loan Fund, Chicago IL; nity MedPAC; Diversified Environmental signed on to every statement. Chicago Community Ventures, Chicago IL; Planning; Hayden & Craig, PLLC; Mid City AARP; A New Way Forward; AFL-CIO; Chicago Consumer Coalition; Citizen Pota- Animal Hospital, Phoenix AZ; The Holo- AFSCME; Alliance For Justice; American watomi CDC, Shawnee OK; Colorado PIRG; graphic Repatterning Institute at Austin; Income Life Insurance; American Sustain- Coalition on Homeless Housing in Ohio; UNET. able Business Council; Americans for Demo- Community Capital Fund, Bridgeport CT; cratic Action, Inc.; Americans United for Community Capital of Maryland, Baltimore AMERICAN FEDERATION OF STATE, Change; Campaign for America’s Future; MD. COUNTY AND MUNICIPAL EMPLOY- Campaign Money; Center for Digital Democ- Community Development Financial Insti- EES, AFL–CIO, racy; Center for Economic and Policy Re- tution of the Tohono O’odham Nation, Sells Washington, DC, May 15, 2013. search; Center for Economic Progress; Cen- AZ; Community Redevelopment Loan and In- DEAR REPRESENTATIVE: On behalf of the 1.6 ter for Media and Democracy; Center for Re- vestment Fund, Atlanta GA; Community Re- million members of the American Federation sponsible Lending; Center for Justice and investment Association of North Carolina; of State, County and Municipal Employees Democracy; Center of Concern; Center for Ef- Community Resource Group, Fayetteville A; (AFSCME), I urge you to oppose the ‘‘SEC fective Government; Change to Win; Clean Connecticut PIRG; Consumer Assistance Regulatory Accountability Act’’ (H.R. 1062). Yield Asset Management. Council; Cooper Square Committee (NYC); H.R. 1062 adds duplicative and unnecessary Coastal Enterprises Inc.; Color of Change; Cooperative Fund of New England, Wil- procedural requirements to SEC rulemaking Common Cause; Communications Workers of mington NC; Corporacion de Desarrollo and thereby delays and undermines the im- America; Community Development Trans- Economico de Ceiba, Ceiba PR; Delta Foun- plementation of protections over America’s portation Lending Services; Consumer Ac- dation, Inc., Greenville MS; Economic Op- financial markets. It weakens sensible safe- tion; Consumer Association Council; Con- portunity Fund (EOF), Philadelphia PA; Em- guards enacted in the Dodd-Frank financial sumers for Auto Safety and Reliability; Con- pire Justice Center NY; Empowering and reforms, which Congress specifically de- sumer Federation of America; Consumer Strengthening Ohio’s People (ESOP), Cleve- signed to address the causes of the worst fi- Watchdog; Consumers Union; Corporation for land OH; Enterprises, Inc., Berea KY; Fair nancial crises since the Great Depression. Enterprise Development; CREDO Mobile; Housing Contact Service OH; Federation of America is still recovering from the loss of 8 CTW Investment Group; Demos; Economic Appalachian Housing; Fitness and Praise million jobs, sharply reduced housing prices Policy Institute; Essential Action; Youth Development, Inc., Baton Rouge LA; and personal savings, and nationwide eco- Greenlining Institute; Good Business Inter- Florida Consumer Action Network; Florida nomic stagnation. Tens of millions of af- national; HNMA Funding Company. PIRG; Funding Partners for Housing Solu- fected Americans demand stronger—not Home Actions,; Housing Counseling Serv- tions, Ft. Collins CO; Georgia PIRG; Grow weaker—government protections over their ices; Home Defender’s League; Information Iowa Foundation, Greenfield IA; Homewise, investments, America’s financial system, Press; Institute for Global Communications; Inc., Santa Fe NM; Idaho Nevada CDFI, Po- and our common economic future. Institute for Policy Studies: Global Economy catello ID. The SEC’s current rulemaking process is Project; International Brotherhood of Team- Idaho Chapter, National Association of So- already rigorous and thorough. They already sters; Institute of Women’s Policy Research; cial Workers; Illinois PIRG; Impact Capital, are required to review the impact of rule- Krull & Company; Laborers’ International Seattle WA; Indiana PIRG; Iowa PIRG; Iowa making on capital formation, market effi- Union of North America; Lawyers’ Com- Citizens for Community Improvement; ciency, and competition; and to analyze the mittee for Civil Rights Under Law; Main JobStart Chautauqua, Inc., Mayville NY; La economics of its finalized rules. H.R. 1062 Street Alliance; Move On; NAACP; NASCAT; Casa Federal Credit Union, Newark NJ; Low would move far beyond constructive analysis National Association of Consumer Advo- Income Investment Fund, San Francisco CA; by requiring the SEC’s final rule to list the

VerDate Mar 15 2010 05:25 May 18, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.031 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2739 reasons it did not incorporate specific indus- To be clear, long-term investors like needed to meet these costs, they would come try group concerns related to potential costs CalPERS benefit from a strong economy and at the expense of other important regulatory or benefits. H.R. 1062 also requires the SEC understand the motivations of those who say priorities—providing enhanced oversight of to ‘‘assess the costs and benefits of available that excessive regulation can impose a drag investment advisers, addressing market regulatory alternatives’’, which likely in- on the economy. However, we believe that structure concerns, dealing with high fre- volves a vast array of options of marginal having a robust financial regulatory system quency trading, or finalizing the Dodd-Frank utility and will result in considerable delay. helps create confidence in our financial mar- and JOBS Act rules that are already so far Furthermore, within one year of enactment, kets and encourages investments that help behind schedule, to name just a few. H.R. 1062 would require the SEC to evaluate grow the economy. This is an ill-conceived bill that would each and every one of its regulations for po- Thank you for your consideration. If you make it more difficult for the SEC to fulfill tential revision and implement this 100% re- have any questions, please do not hesitate to its mandate to protect consumers, promote view every five years thereafter. Despite contact me or Don Marlais of Lussier, market integrity, and facilitate capital for- these new burdens, H.R. 1062 fails to provide Gregor, Vienna & Associates—our federal mation. We urge you to vote no on H.R. 1062. even one penny of additional funding. Rather representatives. Respectfully submitted, than delaying the SEC’s regulatory process Sincerely, BARBARA ROPER, under the guise of enhanced cost-benefit ANNE SIMPSON, Director of Investor Protection. analysis, Congress should strengthen the Senior Portfolio Manager, Investments, SEC’s process by investing additional re- Director of Global Governance. sources to enhance expertise and effective- NORTH AMERICAN SECURITIES ADMINISTRATORS ASSOCIATION, INC., ness. CONSUMER FEDERATION OF AMERICA, Washington, DC, May 6, 2013. H.R. 1062 is simply another attempt to May 16, 2013. delay and defund federal oversight of Amer- Re SEC Regulatory Accountability Act (H.R. VOTE ‘‘NO’’ ON H.R. 1062 ica’s financial system and federal protection 1062) BILL WOULD HAMSTRING THE SEC AND IMPEDE of middle-class consumers and investors. Hon. JEB HENSARLING, AFSCME urges you to oppose this legislation FINANCIAL REFORM Chairman, House Financial Services Committee, and vote no on H.R. 1062. DEAR REPRESENTATIVE: I am writing on be- Rayburn House Office Building, Wash- Sincerely, half of the Consumer Federation of America ington, DC. CHARLES M. LOVELESS, (CFA) to express our strong opposition to Hon. MAXINE WATERS, Director of Federal Government Affairs. H.R. 1062, the ‘‘SEC Regulatory Account- Ranking Member, House Financial Services ability Act,’’ which is scheduled to come to Committee, Rayburn House Office Building, CALIFORNIA PUBLIC EMPLOYEES’ RE- the House floor for a vote tomorrow. H.R. Washington, DC. TIREMENT SYSTEM, INVESTMENT 1062 is a regulatory ‘‘accountability’’ act DEAR CHAIRMAN HENSARLING AND RANKING OFFICE, only if you believe that the SEC’s primary MEMBER WATERS: On behalf of the North Sacramento, CA, May 15, 2013. accountability should be to the securities American Securities Administrators Asso- Subject CalPERS Concerns with HR 1062 firms it is supposed to regulate rather than ciation (NASAA), I am writing to express my Members of the California Delegation, to the public it is supposed to protect. At a opposition to H.R. 1062, the ‘‘SEC Regulatory House of Representatives, Washington, DC. time when the agency is already years be- Accountability Act.’’ This legislation would DEAR MEMBERS OF CONGRESS: On behalf of hind schedule in implementing rules to ad- establish a significant number of additional the California Public Employees’ Retirement dress root causes of the financial crisis, and cost-benefit analyses that the U.S. Securi- System (CalPERS), I am writing to express months past key deadlines for JOBS Act im- ties and Exchange Commission (SEC) would our strong concerns about the ‘‘SEC Regu- plementation, this bill would further slow be required to complete when issuing a new latory Accountability Act’’ (HR 1062). the already glacial regulatory process and regulation. The burdensome new require- As the largest public pension fund in the further empower Wall Street interests to de- ments enumerated in the bill will not only United States, with approximately $265 bil- rail needed reforms. substantially impede the ability of the SEC lion in global assets providing retirement se- H.R. 1062 fails its own cost-benefit test. To to conduct rulemaking, but will also create curity to more than 1.6 million public work- begin with, its sponsors have failed to iden- standards that could conflict with the SEC’s ers, retirees, their families, and bene- tify a problem in need of a legislative solu- investor protection mission. ficiaries, CalPERS is reliant upon effective tion. The SEC already conducts economic analyses of its rules and is held to a very Rulemaking processes to which the SEC and comprehensive market regulation de- and other federal regulators must adhere are signed to protect investors. high standard by the courts in conducting that analysis. When the agency fails to meet set forth in the Administrative Procedure This legislation would threaten the effi- Act (APA) and other statutes. These proc- cient implementation of many important fi- that standard, industry groups have had no trouble over-turning its rules in court. More- esses require regulators engaged in rule- nancial regulatory rules by imposing unnec- making to perform economic and cost-ben- essary requirements upon the Securities and over, since the court overturned the proxy access rule, the SEC has adopted a new set of efit analyses of their proposed rules to ‘‘de- Exchange Commission (Commission). termine as best [as they] can the economic Although the Commission is already re- guidelines to ensure that its analysis meets implications of the rule,’’ and ‘‘examine the quired to conduct economic analysis on the rigorous standard set in that court rul- relevant data and articulate a satisfactory every rule it adopts and to examine the ef- ing. Those guidelines have been praised by explanation for [their] action, including a ra- fect of its rulemakings on capital formation, the Government Accountability Office and tional connection between the facts found market efficiency, and competition, HR 1062 by members of the House who have in the and the choices made.’’ In addition to such would create additional hurdles for the Com- past been most critical of the SEC’s cost- mandates arising under the APA, the SEC mission. These include a requirement to ana- benefit analysis. has a unique obligation to consider the effect lyze the costs and benefits of all ‘‘available H.R. 1062’s sponsors also appear to have ig- of a proposed rule upon ‘‘efficiency, competi- regulatory alternatives’’ in addition to those nored the significant costs of its proposed tion, and capital formation,’’ and it has re- of the underlying rule. This could require approach. The Congressional Budget Office cently issued guidance to its rule writing scores of additional, unnecessary economic recently estimated that the bill would cost staff on conducting proper economic anal- analyses on hypothetical alternatives that $23 million to implement. But this consider- yses. are not before the Commission. able sum covers only the cost of conducting The proposed legislation would require the the required cost-benefit analysis. It does H.R. 1062 would require the SEC to conduct Commission to determine whether a regula- not appear to include the significant addi- new and unreasonably extensive analyses tion imposes the ‘least burden possible’ tional legal costs the agency would face if prior to issuing a regulation. The SEC would among all possible regulatory options—a vir- this bill were to become law. One of the pri- be permitted to adopt a rule only upon a tual impossibility that would open up the mary effects of this legislation would be to ‘‘reasoned determination’’ that the rule’s Commission to legal challenges and com- provide a whole new set of tools that indus- benefits justify its costs. The SEC must de- peting economic analyses. Moreover, HR 1062 try groups could use to mount a legal chal- termine, and measure, the effectiveness of a would require the Commission to defend lenge against rules that they oppose. In addi- rule even prior to its adoption and without every estimate and assumption before the tion to further slowing the regulatory proc- assessing its ultimate impact on investor DC Circuit and a failure to satisfy even one ess, this would impose significant additional protection (which may not be easily quan- tangential analysis would threaten the valid- costs on the agency that are not accounted tifiable). The bill also requires the SEC to ity of an otherwise reasonable regulation. for in the CBO estimate or acknowledged by consider an unduly broad range of consider- We fear the requirement to create a myr- the bill’s authors. ations before issuing a rule that are much iad of new economic analyses is intended to These costs would arise without providing more expansive, and in certain cases, vague derail the efforts of the Commission to im- additional benefits. Far from improving reg- than is currently required. plement important legislation like the Dodd- ulations, the most likely effect would be to Upon issuing a final rule, H.R. 1062 requires Frank Wall Street Reform and Consumer further intimidate an agency that is already the SEC to provide an explanation of the Protection Act while its opponents continue far too reluctant to stand up to powerful comments it received, and notably, requires to attempt to repeal or significantly water Wall Street interests. And, unless Congress the SEC to explain why ‘‘industry group con- down important investor protections. were to appropriate the additional funds cerns’’ were not incorporated in the final

VerDate Mar 15 2010 05:25 May 18, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.033 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2740 CONGRESSIONAL RECORD — HOUSE May 17, 2013 rule. Although the bill explicitly mandates Wall Street lobbyists and traders doz- and while we have this bill that’s cost- that the SEC address industry concerns, ens of new avenues to sue the SEC over ing them more money to simply imple- however, it does not contain a similar man- every rulemaking. Not only did they go ment what they would like to do in date for consumer or investor protection group concerns. This omission is arguably in into the courts on proxy access; there H.R. 1062, they oppose giving additional direct conflict with the investor protection are two other bills and I understand resources. mandate of the SEC. Finally, the bill sub- more that they’re planning. It will cost In addition to that, let’s talk about jects the SEC to an ongoing assessment of the SEC more money to deal with this this court action. We mentioned early any rules that are ‘‘outmoded, ineffective, litigation and this bureaucracy. on that the SEC had been taken to insufficient, or excessively burdensome’’—a Importantly, H.R. 1062 would create court on proxy access. What are we list that could require the SEC to reexamine confusion for the SEC because the bill talking about? all of its existing rules. We’re talking about the fact that the State securities regulators appreciate the requires the SEC to write rules that importance of the rigorous regulatory cost- maximize the benefits, even when Con- institutional investors, the ones who benefit and cost-effectiveness analyses to gress tells them otherwise. are responsible for investing the money which independent agency rules are sub- H.R. 1062 is not codifying the execu- so that the workers, the public work- jected. The SEC is already subject to exten- tive order but is, instead, aimed ers, the firemen, the police, the teach- sive and exacting cost-benefit analysis squarely at undermining Wall Street’s ers, all can have adequate retirement. standards, and the new analytical hurdles cop on the block. In writing the rules, And so our institutional investors imposed by H.R. 1062 could have a detri- the SEC is required to balance both in- wanted very much to ensure that the mental effect on the SEC’s ability to meet companies that they’re investing in are its regulatory mandate. Moreover, the costs vestor protection and capital forma- of such additional hurdles (i.e., rulemaking tion. One cannot take precedence over managing these funds well, and they delays, increased staffing demands, and addi- the other. simply wanted the ability to place tional taxpayer dollars) will likely outweigh I’ve heard a lot of talk about capital proxy access into the proxy materials the intended benefit that the expanded anal- formation here today. But they, in so that they could nominate directors yses are intended to provide. bringing this bill to the floor, are cre- to the board to make sure that they’re NASAA is also concerned that misuse of ating more bureaucracy and piling up overseeing the money for all of our these analyses could severely impair the more burdens and responsibility so first responders and our employees. ability of the SEC to conduct efficient, effective and timely rulemaking including rules that they impede the ability to do real Well, my friends on the opposite side required under the recently enacted JOBS capital formation. of the aisle teamed with Wall Street Act, long overdue rulemaking mandated by And so, in addition to easing the abil- and they went to court and they made the Dodd-Frank Act, and any future rules de- ity of small companies to enter the this big case, and it was right here in signed to protect investors and the public. public markets, the SEC has done Washington, D.C., in the district court. The unintended consequence of H.R. 1062, if much to make it easier for companies And they got an opinion. They got a enacted, would be the derailment of impor- to raise the money they need privately. ruling. tant investor protections that are essential I reserve the balance of my time. And so the SEC went back and it to a robust and stable capital marketplace. In view of the bill’s burdensome cost-ben- Mr. HENSARLING. Mr. Chairman, said, basically, to everybody, all of its efit analysis requirements, and harm that it I’m under the impression I have the employees, what have you, let’s do may cause on the investing public, I respect- right to close, so the gentlelady has re- even more. And on top of them not fully urge you not to support H.R. 1062. served. I will reserve until she is ready only saying let’s do more and instruct Thank you for your consideration of my con- to close. the employees to do more, then they cerns. If you have any questions, please feel Ms. WATERS. Mr. Chair, how many come with this bill and want to put free to contact Michael Canning, Director of minutes do I have left? more on top of that. Policy, or Anya Coverman, Deputy Director The CHAIR. The gentlewoman from This is not about those people that of Policy, at the NASAA Corporate Office at California has 6 minutes remaining. ENSARLING (202) 737–0900. Mr. H referred to around the Sincerely, Ms. WATERS. I yield myself the bal- kitchen table talking about jobs. This A. HEATH ABSHURE, ance of the time. is about protecting Wall Street. This is NASAA President and Arkansas In closing, allow me to quote one of about tying up the SEC. This is about Securities Commissioner. the Financial Services Committee making sure the SEC is not able to Mr. Chairman and Members, a lot has members in a hearing yesterday, be- carry out its responsibilities. been said in this debate. A lot has been cause I think it is so important for us This, again, is about putting us all at said about what this bill is and what it to understand that the SEC is our cop risk. This is about not being about the is not, and I’d like to clear up a few of on the block that has the responsi- investors, but being about the markets. the points. bility for protecting investors. This, again, is about protecting those First of all, before I go into clearing Let us understand that my col- who really need no protection, those up some of these points, there’s been, I leagues on the opposite side of the aisle who placed us at risk to begin with, guess, some back and forth here about are opposed to the SEC having an ade- those who not only placed us at risk, what is and what is not a conservative. quate budget. They do everything that but would do it again if we allow them And I’ve always thought that the con- they can to cut the budget, to deny the to do it. servatives fashioned themselves as sav- resources; but they keep adding on ad- I don’t know why my friends on the ing money and reducing bureaucracy, ditional responsibilities, recognizing opposite side of the aisle would be op- rather than creating legislation that that the SEC has a tremendous load. posed to something like proxy access costs more money and creates bureauc- Not only do they have all of the work, and then lined up in the courts again racy. So I guess today we see that per- the cost-benefit analysis that they do with other litigation, litigation that’s haps I was wrong about what I thought on everything, but they have the re- going to take away precious dollars a real conservative was. sponsibility of rulemaking for all of from the SEC that they need to protect Let me go on to talk about the Re- Dodd-Frank, which is the reform legis- us, to protect the investors. publicans claiming that they’re just lation that will cause us to eliminate But, no, they come to this floor and codifying the President’s executive risk and to protect our constituents they simply describe this bill in ways order for more cost-benefit analysis. In and the citizens of this country. that it really is not. This is dangerous, fact, H.R. 1062 goes above and beyond But let me just say that yesterday, it is irresponsible, it is not something the executive order by requiring the during a Financial Services Committee that the people of this country would SEC to review all of its regulations, hearing, Chairman Emeritus SPENCER expect of people that they sent to Con- even those dating back to the Great BACHUS said that it would be penny- gress to represent them. Depression, within 1 year, and then wise and pound foolish for there not to This, again—and we’ll say it over and every 5 years after that. More bureauc- be a bipartisan agreement for raising over again as it has been said by so racy, more money. the funding or increasing the funding many who have come here and testified While the executive order protects for the SEC. today on this side of the aisle—this is agencies from litigation over their eco- And I think that’s important to get about protecting Wall Street. This is nomic analysis, H.R. 1062 would give out there. They need more resources; about protecting those who simply

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.035 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2741 want to find ways to keep the SEC man HENSARLING receives a zero per- Mr. Chairman, this is a false dichot- from stopping them in their rule- cent liberal rating. omy set up by many of my colleagues making from doing things that will be So I will certainly agree with my on the other side of the aisle. The ques- harmful to the American public. friends that, apparently, I don’t know tion is not between regulation and de- And so, Mr. Chairman and Members, much about liberalism, but I do think regulation. The question is between I say to you we should all stop and I do know a few things about conserv- smart regulation and dumb regulation. think about this. And for all those who atism. So I’ll come up with an informal And smart regulation requires the rule are listening, all of the Members on agreement. We’ll let you be the experts makers to understand the cost of their both sides of the aisle, we should think on what it means to be a liberal—and rules to the average, hardworking about our responsibility here today and you’re very good at it, to the best of American family. That’s smart regula- understand what this bill is all about my knowledge—and I will retain the tion. Dumb regulation is burying your and vote ‘‘no,’’ a resounding ‘‘no’’ on expertise on how one votes conserv- head in the sand and saying, no, we this bill. ative. don’t want to know. Let us make sure that people are not The next thing I would say, Mr. If we’re so concerned about the bur- saying a few years from now, oh, I’m Chairman, is how fascinating it is to den on the SEC, if we’re so concerned sorry. I made a mistake. I should not have so many of my colleagues say about the litigation burden, and if have tied the hands of the SEC. I that this bill, on the one hand, is un- we’re so concerned about the work bur- should have been more careful. I should necessary, but, on the other hand, it’s den and the rule burden, where’s this not have listened to what was being burdensome; on the one hand, it’s re- same concern for the job creators of said by the very people who caused us dundant, but, on the other hand, it will America? Where is that concern? You the problem in the first place. stop the SEC in its tracks. Mr. Chair- cannot help the job seeker by pun- I think if our Members stop and they man, I just don’t think you can quite ishing the job creator, which is what so listen and they pay attention that have it both ways. many of the different titles of Dodd- they’re going to oppose this bill, even I notice when some can’t argue the Frank do. some on the opposite side of the aisle. merits of a question, they tend to come So at the end of the day, Mr. Chair- And I think some of them know this. up to question one’s motivation, and man, this is as simple and as common They know that they’re being asked to we’ve got the usual Wall Street bogey- sense as it could be. If you’re going to support something that may not be in men to come in here. But what I want pass a rule and you’re going to tell us the best interest of their constituents, to know about is why, why would we about the benefits, you’ve got to let us but they might want to go along with not want to know, as some have esti- know what the costs are to the econ- the leadership. mated, that the Volcker rule promul- omy and to hardworking American But it’s not time to go along with the gated by the SEC potentially could families. It’s common sense. We should leadership. It’s time to be independent. cost 1.1 million jobs in our Nation? And adopt it. We should adopt it today. It’s time to look at the facts and vote yet my colleagues from the other side I yield back the balance of my time. of the aisle say, Shh, no, no, no, no, no. ‘‘no’’ on this bill. Mr. DINGELL. Mr. Chair, I rise in strong op- We don’t want this information. We I yield back the balance of my time. position to H.R. 1062, the SEC Regulatory Ac- don’t want it out. Just like we didn’t b 1200 countability Act. want out the information that Mr. HENSARLING. Mr. Chairman, ObamaCare could cost us 1 million Today we are considering another in a long how much time do I have remaining? jobs. line of Republican bills that wish to supplant The CHAIR. The gentleman from And we see it every day. We get the public interest considerations at regulatory Texas has 101⁄2 minutes remaining. headlines: people can’t afford their agencies with cost-benefit analysis. H.R. 1062 Mr. HENSARLING. Mr. Chairman, I health care, their premiums have gone would require the Securities and Exchange yield myself the balance of the time, up; people are getting laid off; people Commission, SEC, to perform a cost-benefit although I will alert my colleagues I do who had full-time jobs are going to analysis when conducting new rulemakings. not intend to take it all. part-time; and people who would have The bill would also mandate a cost-benefit re- Mr. Chairman, I find it somewhat in- hired more people don’t want to cross view of existing SEC rules every five years teresting the great amount of wailing that 50-person threshold. And that’s without appropriating additional funds to that and gnashing of teeth that we have just ObamaCare. But, no, shh, we don’t agency to do so. The net effect will be a regu- heard on this House floor for a very want—we don’t want to know how this latory agency tied in knots and incapable of simple bill that weighs in at, frankly, is going to impact hardworking Ameri- carrying out the mission it was chartered to less than 10 pages that simply requires cans who have economic insecurity, do: protect investors from fraud. a government agency to decide is there millions who do not have jobs. Mr. Chair, my father helped charter the SEC going to be a cost to our economy, is I am somewhat perplexed, Mr. Chair- because Wall Street nearly destroyed this there going to be a loss of jobs as they man, how such a simple bill that says country’s economy in 1929. After years of Re- pass a rule. It doesn’t overturn their all you’ve got to do is look at the publican-led efforts at deregulation, Wall rules. It just says, before you make a cost—we’re not imposing our numbers Street came close to doing that again in 2007 rule, you’ve really got to think about on them. We’re just saying you’ve got and 2008, and we are only now starting to re- kitchen-table economics. You’ve got to to look at the cost of what you do. It’s cover from that calamity. It grieves me that the take a look at and understand how will what families do; it is what job cre- House continues to consider legislation that this ultimately impact hardworking ators do; and, frankly, it’s what the ad- hamstrings the very agency meant to protect Americans who are struggling to pay ministration claimed they wanted to hard-working Americans from the types of ras- their health care bills, struggling to do, and it’s what the SEC claimed they cality to which Wall Street seems inclined by put gas in the tank and who have eco- wanted to do. nature. nomic insecurity due to this economy. How many of my Democratic col- I urge my colleagues not to repeat the past. So I’ve heard a lot of furor here. I leagues with their words say ‘‘yes’’ but Vote down this terrible bill and show you stand must admit I’m particularly enter- very soon with their voting card are with the people, not Wall Street. tained by those who care to lecture me going to say ‘‘no’’? No, we shouldn’t Mr. MARKEY. Mr. Chair, I rise today in op- on what it means to be a conservative. know the cost of rulemaking. No, we position to this bill, H.R. 1062, the so-called Maybe I’m not the world’s expert, but just want to know what bureaucrats SEC Regulatory Accountability Act. there was a time in my career my fel- say the benefits are. But, you know, if This bill provides an extremely detailed list low colleagues elected me the chair- people lose their jobs, well, que sera, of factors that the Securities and Exchange man of the Conservative Caucus of the sera. We just aren’t going to—we don’t Commission (SEC) will have to consider from House, known as the Republican Study want to know that ahead of time. now on in its rulemakings: every available al- Committee. And, Mr. Chairman, I have Maybe we’ll learn about it afterwards. ternative to a proposed regulation, market li- a certificate in my office that I proudly Maybe we’ll try to clean up the pieces, quidity in the securities markets, and even display from the Americans for Demo- the shattered lives of people who lost whether the regulation ‘‘is tailored to impose cratic Action where they say Congress- their jobs. the least burden on society, including market

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0636 Sfmt 9920 E:\CR\FM\K17MY7.036 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2742 CONGRESSIONAL RECORD — HOUSE May 17, 2013 participants, individuals, businesses of dif- tively gave the SEC a full, detailed directive through rigorous cost-benefit analysis, today’s fering sizes, and other entities (including State for regulatory action and simply ordered the legislation is very plainly an effort to do the and local governmental entities).’’ SEC to implement it. An example of this proc- opposite—to block even the most carefully Yet, I notice that one phrase is missing from ess can be found in Dodd-Frank Section 1504, considered regulation by creating a ‘‘paralysis this list: investor protection. which mandated in great detail how the SEC of analysis’’ at the Securities and Exchange Back in 1937, then SEC Chairman, and should promulgate a rule to require that com- Commission in order to undermine the Dodd- later Supreme Court Justice, William O. Doug- panies disclose in their annual securities fil- Frank Wall Street Reform law. las noted that: ings any payments they made to governments Mr. Chair, it was the absence of clear and We have got brokers’ advocates; we have in connection with natural resource extraction transparent rules of the road that precipitated got Exchange advocates; we have got invest- projects. Notably, in many of those Dodd- the Great Recession, and now that the econ- ment banker advocates; and WE are the in- Frank rules, Congress did not ask the SEC to omy has finally begun to heal, we are simply vestor’s advocate. consider the costs and benefits of a rule, be- not going back to the conditions that created That historically always has been the role of cause we in Congress already did so during the crisis in the first place. the SEC—to serve as the investor’s advocate the legislative process. I urge a no vote. in our nation’s securities markets. That is why This bill makes that kind of legislating im- Mr. BLUMENAUER. Mr. Chair, as an admin- Congress established the SEC, and why Con- possible. If this bill becomes law, any rule- istrator and policymaker at the local, state, gress has expanded its duties and responsibil- making mandated by Congress must receive and federal levels, I have often seen the value ities over the years. The goal of investor pro- cost benefit analysis, and if the costs are of common-sense regulations. I have also tection was similarly an animating force behind deemed by the SEC to outweigh the benefits, seen the challenges associated with cum- Democrats’ efforts in the 111th Congress to the rulemaking cannot be released. bersome regulations that can appear to be bu- enact the Dodd-Frank Wall Street Reform Act. And such outcomes—which should really be reaucracy at its worst. While I am very open Any bill that asks the SEC to look at myriad called agency vetoes, because they allow an to discussing how we can make regulations factors when developing regulations but not in- agency to override a congressional mandate— more effective and efficient, I am extremely vestor protection is off-course from the starting are likely to happen because of the unfair disappointed with the anti-regulatory agenda block. It’s a bill whose compass is broken. playing field this bill sets up. Under this bill, of the House leadership prevalent last Con- Yet, this is not just a bad bill. It’s an unnec- the SEC will always have to consider the mon- gress and again reflected this year in H.R. essary bill. Back in 1996, during the first Con- etary costs to firms and liquidity, but the more 1062, the SEC Regulatory Accountability Act. H.R. 1062 would require the Securities and gress under Republican control in forty years, amorphous dangers of not regulating—the risk Exchange Commission, SEC, to add burden- Democrats and Republicans came together to of market crashes, the risk of bubbles, the risk some new procedures to regulatory processes enact the National Securities Markets Im- of financial crises—are much harder to esti- that would unnecessarily delay the rulemaking provement Act of 1996. This bill was authored mate. And even if the SEC does manage to process and consumer resources better di- by a conservative Republican from Texas get a good rule, by ordering the SEC to create rected to protecting consumers and ensuring a (Rep. Fields), and supported by the then an established record of why the options not robust and effectively-regulated financial mar- Chairman of the Committee (Mr. Bliley of Vir- taken might also be worthwhile, this bill forces ginia). It was also supported by the Ranking ket. the SEC to create a blueprint for Wall Street I supported the passage of the Dodd-Frank Democrat of the Committee (Mr. DINGELL) and firms to fight the regulation in court. This bill Wall Street Reform Act to rein in Wall Street, myself. As I said at the time, ‘‘when the history will make what is already a difficult fight to end taxpayer bailouts of big banks, and pro- of this Congress is written, there is no ques- protect Main Street from Wall Street even tect consumers. Under this Act, the SEC was tion that this securities overhaul and the tele- harder. charged with regulating a number of pre- communications overhaul will be at the top of One thing is certain—this bill strongly biases viously unregulated or under-regulated Wall the list in terms of constructive, productive use the SEC against any regulation to protect in- Street and financial service sector activities of this Congress.’’ Among the reforms in this vestors regardless of the issue, and at a time that led in large part to the 2008 crisis. This bipartisan bill was a requirement that: ‘‘When- where the American People are crying out for is a hugely important job. Putting an additional ever pursuant to this title the Commission is more regulations on Wall Street, not less. We layer of bureaucracy on the rulemaking proc- engaged in rulemaking, or in the review of a need to ensure that the SEC continues to be ess will not benefit the American people or our rule of a self-regulatory organization, and is the ‘‘Investors’’ Advocate.’’ I therefore strongly economy. required to consider or determine whether an urge my colleagues to vote no on this bill. It’s time for Congress to move beyond a de- action is necessary or appropriate in the public Mr. VAN HOLLEN. Mr. Chair, as someone bate about repealing or preventing regulations interest, the Commission shall also consider, who believes the federal government has a re- and focus instead on how to make them more in addition to the protection of investors, sponsibility to set and enforce clear and trans- effective and efficient. I oppose this bill be- whether the action will promote efficiency, parent rules of the road for our markets to op- cause—despite its title—it will slow the proc- competition, and capital formation.’’ erate fairly, efficiently and effectively, I believe ess of putting in place effective financial regu- The 1996 Act, which is current law, there- conducting cost-benefit analysis of proposed lations. fore makes sure that the SEC already is re- regulations is both appropriate and necessary. Mr. HOLT. Mr. Chair, I rise today in strong quired to consider impacts on efficiency, com- Moreover, I think rules and regulations should opposition to H.R. 1062, which should be petition and capital formation whenever it uti- be periodically reviewed—and eliminated or called the ‘‘Wall Street Protection Act.’’ The in- lizes its inherent rulemaking powers to deter- modified where needed—to ensure our mar- tent of this legislation is to cripple the ability of mine if an action is in the public interest. kets are functioning optimally. the U.S. Securities and Exchange Commis- But part of the deal that we reached back If that’s what this legislation was about, it sion, SEC, to do its job—to create rules which then on a bipartisan basis was that such an would have my support. It’s not—which is why protect investors. The SEC is already federally analysis could not be utilized to override the I will be opposing H.R. 1062 today. mandated to conduct analyses of their pro- primary goal of the federal securities laws: in- Although you wouldn’t know it from listening posed regulations. The hurdles set by this leg- vestor protection. I see no reason why this to my colleagues on the other side of the islation are unrealistic and duplicative. Even House should throw out a good, bipartisan law aisle, the Securities and Exchange Commis- worse, this legislation would create an envi- for a clearly inferior update. sion already performs—and is already re- ronment with less effective regulations, leaving Yet, it is worth asking: given the require- quired to perform—extensive economic anal- average American investors on their own. The ments of existing law, exactly what purpose ysis regarding the regulations it promulgates, cost to individual families and to our economy does this bill before us today actually serve? including rigorous cost-benefit analysis. Fur- from unregulated misbehavior and malfea- I believe that this question has only one an- thermore, in addition to protecting investors, sance in our financial industries is high. swer: to tie the SEC’s hands and make it ef- SEC rulemakings are also already required to This Congress should not continue to waste fectively impossible to release rules that help ‘‘promote efficiency, competition and capital time padding the pockets of Wall Street ex- protect investors from depredations of rogue formation.’’ Indeed, entities ranging from the ecutives. Instead, this Congress needs to take traders or dishonest Wall Street brokers. Chamber of Commerce to the Government action on today’s real issues: creating jobs, When Democrats in Congress enacted Dodd- Accountability Office have all recently vali- encouraging Americans to make investments Frank in 2010, we frequently included in that dated the SEC’s current staff guidance in this in their retirements, and protecting middle Act mandates that the SEC and other agen- regard. class families and consumers. cies issue various specific rules to regulate Unfortunately, rather than promoting clear The CHAIR. All time for general de- Wall Street. In many cases, Congress effec- and transparent rules of the road, arrived at bate has expired.

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.014 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2743 Pursuant to the rule, the bill shall be evant to the particular proposed regulation, mission has published its assessment plan for considered for amendment under the 5- take into consideration the impact of the regula- notice and comment, specifying the data to be minute rule. tion on— collected and method of collection, at least 30 ‘‘(i) investor choice; It shall be in order to consider as an days prior to adoption of a final regulation or ‘‘(ii) market liquidity in the securities mar- amendment, such collection of data shall not be original bill for the purpose of amend- kets; and subject to the notice and comment requirements ment under the 5-minute rule an ‘‘(iii) small businesses. in section 3506(c) of title 44, United States Code XPLANATION AND COMMENTS.—The Com- amendment in the nature of a sub- ‘‘(3) E (commonly referred to as the Paperwork Reduc- mission shall explain in its final rule the nature stitute consisting of the text of Rules tion Act). Any material modifications of the of comments that it received, including those plan that require collection of data not pre- Committee Print 113–10. That amend- from the industry or consumer groups con- viously published for notice and comment shall ment in the nature of a substitute shall cerning the potential costs or benefits of the pro- also be exempt from such requirements if the be considered as read. posed rule or proposed rule change, and shall Commission has published notice for comment in The text of the amendment in the na- provide a response to those comments in its final the Federal Register of the additional data to be ture of a substitute is as follows: rule, including an explanation of any changes collected, at least 30 days prior to initiation of that were made in response to those comments H.R. 1062 data collection. and the reasons that the Commission did not in- Be it enacted by the Senate and House of Rep- ‘‘(iv) FINAL ACTION.—Not later than 180 days corporate those industry group concerns related resentatives of the United States of America in after publication of the assessment report in the to the potential costs or benefits in the final Congress assembled, Federal Register, the Commission shall issue for rule. notice and comment a proposal to amend or re- SECTION 1. SHORT TITLE. ‘‘(4) REVIEW OF EXISTING REGULATIONS.—Not This Act may be cited as the ‘‘SEC Regulatory later than 1 year after the date of enactment of scind the regulation, or publish a notice that Accountability Act’’. the SEC Regulatory Accountability Act, and the Commission has determined that no action SEC. 2. CONSIDERATION BY THE SECURITIES AND every 5 years thereafter, the Commission shall will be taken on the regulation. Such a notice EXCHANGE COMMISSION OF THE review its regulations to determine whether any will be deemed a final agency action. ‘‘(6) COVERED REGULATIONS AND OTHER AGEN- COSTS AND BENEFITS OF ITS REGU- such regulations are outmoded, ineffective, in- LATIONS AND CERTAIN OTHER CY ACTIONS.—Solely as used in this subsection, sufficient, or excessively burdensome, and shall AGENCY ACTIONS. the term ‘regulation’— modify, streamline, expand, or repeal them in Section 23 of the Securities Exchange Act of ‘‘(A) means an agency statement of general accordance with such review. In reviewing any 1934 (15 U.S.C. 78w) is amended by adding at applicability and future effect that is designed regulation (including, notwithstanding para- the end the following: to implement, interpret, or prescribe law or pol- graph (6), a regulation issued in accordance ‘‘(e) CONSIDERATION OF COSTS AND BENE- icy or to describe the procedure or practice re- with formal rulemaking provisions) that subjects FITS.— quirements of an agency, including rules, orders issuers with a public float of $250,000,000 or less ‘‘(1) IN GENERAL.—Before issuing a regulation of general applicability, interpretive releases, to the attestation and reporting requirements of under the securities laws, as defined in section and other statements of general applicability section 404(b) of the Sarbanes-Oxley Act of 2002 3(a), the Commission shall— that the agency intends to have the force and (15 U.S.C. 7262(b)), the Commission shall specifi- ‘‘(A) clearly identify the nature and source of effect of law; and the problem that the proposed regulation is de- cally take into account the large burden of such ‘‘(B) does not include— signed to address, as well as assess the signifi- regulation when compared to the benefit of such ‘‘(i) a regulation issued in accordance with cance of that problem, to enable assessment of regulation. the formal rulemaking provisions of section 556 OST-ADOPTION IMPACT ASSESSMENT.— whether any new regulation is warranted; ‘‘(5) P or 557 of title 5, United States Code; ‘‘(A) IN GENERAL.—Whenever the Commission ‘‘(B) utilize the Chief Economist to assess the ‘‘(ii) a regulation that is limited to agency or- adopts or amends a regulation designated as a costs and benefits, both qualitative and quan- ganization, management, or personnel matters; ‘major rule’ within the meaning of section 804(2) titative, of the intended regulation and propose ‘‘(iii) a regulation promulgated pursuant to of title 5, United States Code, it shall state, in or adopt a regulation only on a reasoned deter- statutory authority that expressly prohibits its adopting release, the following: mination that the benefits of the intended regu- compliance with this provision; and ‘‘(i) The purposes and intended consequences ‘‘(iv) a regulation that is certified by the lation justify the costs of the regulation; of the regulation. ‘‘(C) identify and assess available alternatives agency to be an emergency action, if such cer- ‘‘(ii) Appropriate post-implementation quan- tification is published in the Federal Register.’’. to the regulation that were considered, includ- titative and qualitative metrics to measure the ing modification of an existing regulation, to- SEC. 3. SENSE OF CONGRESS RELATING TO economic impact of the regulation and to meas- OTHER REGULATORY ENTITIES. gether with an explanation of why the regula- ure the extent to which the regulation has action meets the regulatory objectives more effec- It is the sense of the Congress that other regu- complished the stated purposes. latory entities, including the Public Company tively than the alternatives; and ‘‘(iii) The assessment plan that will be used, ‘‘(D) ensure that any regulation is accessible, Accounting Oversight Board, the Municipal Se- consistent with the requirements of subpara- curities Rulemaking Board, and any national consistent, written in plain language, and easy graph (B) and under the supervision of the to understand and shall measure, and seek to securities association registered under section Chief Economist of the Commission, to assess 15A of the Securities Exchange Act of 1934 (15 improve, the actual results of regulatory re- whether the regulation has achieved the stated quirements. U.S.C. 78o–3) should also follow the require- purposes. ments of section 23(e) of such Act, as added by ‘‘(2) CONSIDERATIONS AND ACTIONS.— ‘‘(iv) Any unintended or negative con- this title. ‘‘(A) REQUIRED ACTIONS.—In deciding whether sequences that the Commission foresees may re- and how to regulate, the Commission shall as- sult from the regulation. The CHAIR. No amendment to that sess the costs and benefits of available regu- ‘‘(B) REQUIREMENTS OF ASSESSMENT PLAN AND amendment in the nature of a sub- latory alternatives, including the alternative of REPORT.— stitute shall be in order except those not regulating, and choose the approach that ‘‘(i) REQUIREMENTS OF PLAN.—The assessment printed in House Report 113–60. Each maximizes net benefits. Specifically, the Com- plan required under this paragraph shall con- such amendment may be offered only mission shall— sider the costs, benefits, and intended and unin- ‘‘(i) consistent with the requirements of sec- tended consequences of the regulation. The plan in the order printed in the report, by a tion 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Se- shall specify the data to be collected, the meth- Member designated in the report, shall curities Act of 1933 (15 U.S.C. 77b(b)), section ods for collection and analysis of the data and be considered read, shall be debatable 202(c) of the Investment Advisers Act of 1940 (15 a date for completion of the assessment. for the time specified in the report, U.S.C. 80b–2(c)), and section 2(c) of the Invest- ‘‘(ii) SUBMISSION AND PUBLICATION OF RE- equally divided and controlled by the ment Company Act of 1940 (15 U.S.C. 80a–2(c)), PORT.—The Chief Economist shall submit the proponent and an opponent, shall not consider whether the rulemaking will promote completed assessment report to the Commission be subject to amendment, and shall not efficiency, competition, and capital formation; no later than 2 years after the publication of the ‘‘(ii) evaluate whether, consistent with obtain- adopting release, unless the Commission, at the be subject to a demand for division of ing regulatory objectives, the regulation is tai- request of the Chief Economist, has published at the question. lored to impose the least burden on society, in- least 90 days before such date a notice in the AMENDMENT NO. 1 OFFERED BY MR. SESSIONS cluding market participants, individuals, busi- Federal Register extending the date and pro- The CHAIR. It is now in order to con- nesses of differing sizes, and other entities (in- viding specific reasons why an extension is nec- sider amendment No. 1 printed in cluding State and local governmental entities), essary. Within 7 days after submission to the House Report 113–60. taking into account, to the extent practicable, Commission of the final assessment report, it Mr. SESSIONS. Mr. Chairman, I have the cumulative costs of regulations; and shall be published in the Federal Register for an amendment at the desk. ‘‘(iii) evaluate whether the regulation is in- notice and comment. Any material modification The CHAIR. The Clerk will designate consistent, incompatible, or duplicative of other of the plan, as necessary to assess unforeseen Federal regulations. aspects or consequences of the regulation, shall the amendment. ‘‘(B) ADDITIONAL CONSIDERATIONS.—In addi- be promptly published in the Federal Register The text of the amendment is as fol- tion, in making a reasoned determination of the for notice and comment. lows: costs and benefits of a potential regulation, the ‘‘(iii) DATA COLLECTION NOT SUBJECT TO NO- Page 6, line 25, add at the end the fol- Commission shall, to the extent that each is rel- TICE AND COMMENT REQUIREMENTS.—If the Com- lowing: ‘‘The assessment plan shall include

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.038 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2744 CONGRESSIONAL RECORD — HOUSE May 17, 2013 an analysis of any jobs added or lost as a re- Although this amendment is not by Page 10, beginning on line 8, strike ‘‘, the sult of the regulation, differentiating be- itself problematic, it layers one more Municipal Securities Rulemaking Board, and tween public and private sector jobs.’’. requirement onto a bill already burst- any national securities association reg- The CHAIR. Pursuant to House Reso- ing with onerous cost-benefit require- istered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3)’’. lution 216, the gentleman from Texas ments. And while counting the jobs Page 10, after line 13, insert the following: (Mr. SESSIONS) and a Member opposed created or lost because of a particular SEC. 4. ACCOUNTABILITY PROVISION RELATING each will control 5 minutes. regulation is a noble goal, we have to TO OTHER REGULATORY ENTITIES. The Chair recognizes the gentleman view this goal in the context of the A rule adopted by the Municipal Securities from Texas. overall bill, which tips the scales heav- Rulemaking Board or any national securities Mr. SESSIONS. Mr. Chairman, I ily in favor of industry over investors, association registered under section 15A of yield myself such time as I may con- including the pension plans for mil- the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect unless the sume. lions of Americans. I believe that excessive government Securities and Exchange Commission deter- The criteria by which the SEC would mines that, in adopting such rule, the Board regulations are a significant barrier to need to engage in cost-benefit analysis or association has complied with the require- private sector job growth and the cre- under H.R. 1062 would have the Com- ments of section 23(e) of such Act, as added ation of those jobs. House Republicans mission make all decisions on the basis by section 2, in the same manner as is re- have made job creation a priority, and, of whether the rules impose the least quired by the Commission under such section as a result, we must work to ensure burden on ‘‘market participants.’’ In 23(e). that the Federal Government reviews fact, nowhere in the bill are the words The CHAIR. Pursuant to House Reso- new regulations to ensure that their ‘‘investor protection’’ used, despite the lution 216, the gentleman from Virginia proposed benefit outweighs any poten- fact that a central mission of the Secu- (Mr. HURT) and a Member opposed each tial economic harm. rities and Exchange Commission is to will control 5 minutes. My amendment today is simple. It re- protect investors. The Chair recognizes the gentleman quires the SEC to include an assess- Let’s be clear: H.R. 1062 is essentially from Virginia. ment of anticipated jobs gained or lost a solution in search of a problem. This Mr. HURT. Mr. Chairman, I yield my- as a result of implementation of any bill is not about refining the SEC’s self such time as I may consume. major rule and to specify whether cost-benefit analysis. The Commission, Mr. Chairman, I rise in support of my those jobs will come from the public or in fact, has already done that by adopt- amendment to H.R. 1062, the SEC Reg- private sector. ing a new set of guidelines to ensure ulatory Accountability Act, introduced Mr. Chairman, according to a study that its analysis meets the very high by my friend, Chairman SCOTT GAR- released by the Small Business Admin- bar set in the decision overturning RETT. His bill is an important step for- istration in 2010, Federal regulations their proxy access rule. Instead, this ward to ensure the SEC abides by the cost small businesses $1.75 trillion bill is about making it easier for indus- President’s executive order and also every year to comply. That is money try groups to overturn SEC regulations enhances the SEC’s existing cost-ben- which could be used by American com- in the courts. efit analysis requirements. panies to hire new employees or to re- After the 2008 financial crisis, the My amendment ensures that rules invest in their own business. H.R. 1062 public spoke; and they demanded that adopted by the PCAOB, the MSRB, and ensures that the Federal Government Congress stand up and legislate rules of other national securities associations does not unnecessarily burden Amer- the road to prevent another crisis. So under the purview of the SEC have the ican companies with cumbersome regu- we took action to regulate the over- same requirements as the SEC itself lations by guaranteeing that those reg- the-counter derivatives market, im- and requires the SEC to attest that ulations are appropriate and necessary. prove corporate governance, imple- these associations are in compliance My amendment adds to this review ment the Volcker rule to stop commer- with its own economic assessment process by making sure that we have a cial banks from gambling with deposi- standards. more comprehensive understanding of tor money, and to reform the credit These subordinate organizations can the economic impacts a regulation cre- ratings agencies that slapped AAA rat- develop standards and rules that have ates. ings onto toxic securities. the same effect as Federal regulations. Having lost that battle here in Con- As rules put forth by these organiza- b 1210 gress, the industry—with the help of tions generally go through a final SEC I believe that the amendment I offer some of my colleagues on the other rulemaking process, they should be today serves to strengthen the under- side of the aisle—is now waging a new, subject also to that same cost-benefit lying legislation by insisting that the quiet battle to have these regulations analysis. SEC begin to focus on job creation, spe- thrown out in court. H.R. 1062 abets As we saw with the SEC’s proxy ac- cifically by enabling the private sector, that goal by making it significantly cess rule that was thrown out by the not furthering a liberal agenda that is easier for the industry to win in court. D.C. Federal court for lack of a proper intentionally harming families, job This is a key differentiation from the assessment of the rule’s economic creation, and small business across President’s executive order on cost- costs, not only is this practice good America. benefit analysis, whose requirements governance, but it’s common sense. I urge my colleagues to support my cannot be used as a basis for litigation. In light of reports that the SEC is amendment. I support the underlying So, again, this amendment is harm- considering discretionary rulemakings bill and legislation that the gentleman less, but it amends what is a deeply that would impose additional unneces- from New Jersey brings to the floor problematic bill. sary costs resulting in little or no ben- today. I yield back the balance of my time. efit and being of questionable constitu- I yield back the balance of my time. The CHAIR. The question is on the tionality, we must ensure that the SEC Ms. WATERS. Mr. Chairman, I claim amendment offered by the gentleman and the associations under its purview time in opposition to the amendment, from Texas (Mr. SESSIONS). abide by sound economic analyses. although I do not oppose the amend- The amendment was agreed to. With our economy still struggling ment. AMENDMENT NO. 2 OFFERED BY MR. HURT and many areas of Virginia’s Fifth Dis- The CHAIR. Without objection, the The CHAIR. It is now in order to con- trict nearing double-digit unemploy- gentlewoman from California is recog- sider amendment No. 2 printed in ment, we must ensure that our regula- nized for 5 minutes. House Report 113–60. tions are making it easier for our busi- There was no objection. Mr. HURT. Mr. Chairman, I have an nesses to access the capital they need Ms. WATERS. Mr. Chairman, I yield amendment at the desk. to create the jobs in our communities. myself such time as I may consume. The CHAIR. The Clerk will designate I thank Chairman GARRETT for his This amendment adds a requirement the amendment. work on this important issue, and I that the SEC analyze the number of The text of the amendment is as fol- urge support for my amendment. jobs created or lost as a result of a new lows: I reserve the balance of my time. rule or order, while differentiating be- Page 10, beginning on line 7, strike ‘‘other Ms. WATERS. Mr. Chairman, I claim tween public and private sector jobs. regulatory entities, including’’. time in opposition to the amendment.

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.020 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2745 The CHAIR. The gentlewoman from The CHAIR. The gentleman from by the way, has offered up and required California is recognized for 5 minutes. Georgia is recognized for 21⁄2 minutes. of most Federal agencies that are af- Ms. WATERS. I yield myself such Mr. DAVID SCOTT of Georgia. Mr. fected by his executive order. This sim- time as I may consume. Chairman, let me just clear the air on ply makes them a part of that. Mr. Chairman, this amendment dou- one important thing. In addition, the SEC chairman stated bles down on all of the problems raised We know that there is a value for earlier that that was what her belief by H.R. 1062 by imposing the same bur- cost-benefit analysis. What we’re say- should be for the SEC in conducting densome cost-benefit analysis require- ing is this is the wrong approach be- the cost-benefit analysis. So this sim- ments on the Municipal Securities cause they’re not after cost-benefit ply codifies, as is our responsibility as Rulemaking Board, or MSRB, and cer- analysis. They’re after tying the hands Members of Congress, to do just that. tain self-regulatory organizations as of the Securities and Exchange Com- With that in mind, I would ask that the underlying bill imposes on the mission to lessen the regulations. this body adopt our amendment. SEC. I yield back the balance of my time. Beyond the problems caused by H.R. b 1220 The CHAIR. The question is on the 1062, this amendment would further put We have a bill, Mr. Chairman, which amendment offered by the gentleman individual citizens and taxpayers at is a bipartisan bill by myself, along from Virginia (Mr. HURT). risk by tying the hands of the MSRB, with Representative CONAWAY from The question was taken; and the which is entrusted with regulating Texas, a Republican, that is a more Chair announced that the ayes ap- dealers of municipal securities, includ- thoughtful, a more direct and bene- peared to have it. ing city bond issuances. ficial way of cost-benefit analysis, be- Ms. WATERS. Mr. Chairman, I de- The Wall Street Reform Act ex- cause we do not have in that bill this mand a recorded vote. panded the mission of the board to pro- very convoluting, confounding require- The CHAIR. Pursuant to clause 6 of tect State and local governments and ment of what we call look-back. rule XVIII, further proceedings on the to regulate, for the first time in his- You’ve got to remember, the telling amendment offered by the gentleman tory, the individuals who provide mu- from Virginia will be postponed. point about Mr. GARRETT’s bill is that nicipalities with financial advice. AMENDMENT NO 3 OFFERED BY MRS CAROLYN he requires that the SEC look back at . . We had good reason to expand the B. MALONEY OF NEW YORK every single rule for the last 80 years mission and responsibilities of the The CHAIR. It is now in order to con- since 1934. There is no Federal agency MSRB under Dodd-Frank. Like many sider amendment No. 3 printed in that has even nearly that kind of bur- borrowers who were sold exotic mort- House Report 113–60. gages based on the representations den and, on top of that, does not allo- Mrs. CAROLYN B. MALONEY of New made by mortgage brokers in the lead- cate one dime for any needed staff. It York. Mr. Chairman, I have an amend- up to the financial crisis, we saw that is, indeed, a burden. ment at the desk. many municipalities entered into com- So the point I want to make is that The CHAIR. The Clerk will designate plex financial instruments that they we understand when he says, okay, the amendment. didn’t fully understand. At the same let’s make sure that we have a cost and The text of the amendment is as fol- time, we saw that many financial ad- a benefit of what they’re doing, yeah, lows: visers to municipalities were involved we go along with that. But my bill, Strike all after the enacting clause and in- in pay-to-play scandals and rec- along with Representative CONAWAY, sert the following: ommended unsuitable investments, we digested this bill, we have passed SECTION 1. SENSE OF CONGRESS RELATING TO particularly to small communities. this bill, our bill, which has a more EXISTING REQUIREMENTS FOR ECO- The result was the imposition of sub- reasonable approach to cost-benefit NOMIC ANALYSES. (a) FINDINGS.—Congress finds the fol- stantial costs on taxpayers in commu- analysis out of the Agriculture Com- lowing: nities across the country. The most mittee and will be before this House (1) As with other agencies, current law re- high-profile example is the case of Jef- that has a better approach. quires the Securities and Exchange Commis- ferson County, Alabama, which entered We’re not opposed to this cost-benefit sion to conduct economic analyses pursuant into the largest municipal bankruptcy analysis, but we are opposed to this to the Paperwork Reduction Act, the Con- in history after a simple sewer bond fi- measure, which is designed to tie the gressional Review Act and the Regulatory nancing deal ended with the county hands of the SEC by allowing them and Flexibility Act. going broke over faulty interest rate mandating that they look at every (2) In addition to the analyses required of all regulatory agencies, the Securities and derivatives. record, every rule all the way back to This amendment will make it much Exchange Commission is also required to 1934. perform additional economic analyses pursu- more difficult for the MSRB to regu- Mr. HURT. Mr. Chairman, I yield my- ant to section 3(f) of the Securities Exchange late the financial entities selling these self the balance of my time. Act of 1934 (15 U.S.C. 78c(f)), section 2(b) of derivative products to our small coun- The CHAIR. The gentleman from Vir- the Securities Act of 1933 (15 U.S.C. 77b(b)), ties, cities, and towns. ginia is recognized for 3 minutes. section 202(c) of the Investment Advisers Act But that’s just one example. The Mr. HURT. I would just say a couple of 1940 (15 U.S.C.80b–2(c)), and section 2(c) of amendment would impose similar oner- of things in closing. First, what this the Investment Company Act of 1940 (15 ous requirements on the Financial In- bill is not is a bill that does anything U.S.C.80a–2(c)), which provide that, where dustry Regulatory Authority—that is the Commission is engaged in rulemaking to amend or change the mandates of and is required to consider whether the rule FINRA—the self-regulatory organiza- the SEC. tion for broker-dealers, and the Public is necessary or appropriate in the public in- We know what those mandates are. terest, the Commission must also consider Companies Accounting Oversight They are to ensure fair markets, effi- whether the rule will promote efficiency, Board, which regulates the auditing in- cient markets. They are to facilitate competition, and capital formation. dustry. capital formation and, finally, investor (3) In the July 22, 2011 decision in Business Again, this amendment doubles down protection. They are all designed to Roundtable v. SEC (647 F.3d 1144), the United on what is already a harmful bill by ex- work together. This bill does nothing States Court of Appeals for the D.C. Circuit tending the same onerous requirements vacated the Commission’s recently adopted of self-regulatory organizations. I see to change that mandate. In fact, the proxy access rule, which would have provided no reason why the Congress would bill, if you look at it, talks about cost- a company shareholder or group of share- want to further tip the scales in favor benefit analysis repeatedly throughout holders meeting certain minimum ownership of Wall Street over Main Street. the entire bill. thresholds and other requirements the abil- I reserve the balance of my time. I would suggest to you that investor ity to include in the company’s proxy mate- Mr. HURT. Mr. Chairman, I’m pre- protection includes liquid markets, for- rials the shareholder(s)’ nominee(s) for the company’s board of directors. The court pared to close and would like to insist mation of capital. If we want to protect investors, obviously we need to have found that, because the Commission had not on my right to do so. adequately addressed the likely economic I reserve the balance of my time. healthy markets. That’s what this bill consequences of the rule, its adoption of the Ms. WATERS. I yield the balance of ensures by requiring the SEC conduct rule was arbitrary and capricious. my time to the gentleman from Geor- the most simple, routine cost-benefit (4) In March of 2012, the Securities and Ex- gia (Mr. DAVID SCOTT). analysis, something that the President, change Commission revised and clarified its

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.043 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2746 CONGRESSIONAL RECORD — HOUSE May 17, 2013 guidance on cost benefit analysis. In Decem- In fact, just last year, the GAO issued One, she makes reference to the D.C. ber of 2012 the Government Accountability a report praising the SEC’s guidance on Circuit Court’s opinion on lines 14 Office issued a review of agencies’ analysis cost-benefit analysis saying: through 18 of her case. Would that the and coordination of rules. The GAO found, D.C. Circuit Court had said that the ‘‘SEC’s guidance defines the basic elements The basic elements of good regulatory eco- of good regulatory economic analysis in a nomic analysis. SEC is doing a good job, that they had manner that closely parallels the elements And in evaluating a recent proposal the authority to do so and that nothing listed in Circular A-4: (1) a statement of the on swaps regulation, the cochairman of else is necessary in going forward. If need for the proposed action; (2) the defini- the Financial Services Department at she had read the opinion, she would tion of a baseline against which to measure Cadawalder wrote: have known that that’s not quite what the likely economic consequences of the pro- The SEC release contains the most de- they said. posed regulation; (3) the identification of al- tailed attempt at an economic analysis of The D.C. Circuit Court stated that ternative regulatory approaches; and (4) an the effect of the rules that I have seen from the SEC, the Commission, acted arbi- evaluation of the benefits and costs - both any agency. quantitative and qualitative - of the pro- trarily and capriciously for having posed action and the main alternatives.’’. But under this Republican bill, the failed—note this—‘‘once again’’—so (b) SENSE OF CONGRESS.—It is the sense of SEC would have to divert its limited this is not the only time—but once Congress that the Securities and Exchange budget resources away from enforce- again to adequately assess the eco- Commission is required pursuant to law to ment or examining the impact of nomic effects of the new rule and, conduct economic analyses as part of its worldwide derivatives markets only to again, inconsistently and rulemakings. Further, the D.C. Circuit duplicate things it is already doing. opportunistically framed cost benefits Court’s recent decision in the Business of the rule. Roundtable case makes clear that the eco- This bill also says that every 5 years nomic analyses the Commission undertakes the SEC is required to do a cost-benefit So the citation that she gives of the in connection with its rules are subject to analysis of every regulation it has ever D.C. Circuit Court does not support her meaningful judicial scrutiny. issued on any subject going back some position but undermines her position. The CHAIR. Pursuant to House Reso- 80 years, back to day one in 1933. And The D.C. Circuit basically supports our lution 216, the gentlewoman from New it would have to magically do all of position that the SEC has failed, and York (Mrs. CAROLYN B. MALONEY) and a this without one additional red cent of that it has failed repeatedly to do what Member opposed each will control 5 additional funding to cover the cost of it should do, and that is why we have minutes. it. the legislation before you today. The Chair recognizes the gentle- If we want to highlight anything, we And when she talks about red tape woman from New York. should be highlighting the extensive and unnecessary—well, that’s not what Mrs. CAROLYN B. MALONEY of New process that exists and the judicial the AFL–CIO says, and that’s not what York. I thank the Chair, and I yield scrutiny that it includes, which is what the American Bar Association says. myself as much time as I may con- my amendment does. The SEC did look at the issue of doing sume. The stated mission of the SEC is to a retrospective look at this. They did First, I would like to say that I am protect investors; not give them more so back over a year and a half ago, happy to work with Mr. GARRETT on a redtape; maintain fair, orderly, and ef- back in September of 2011, and they variety of issues. I respect his leader- ficient markets; and facilitate capital asked for input. ship. But I must respectfully and formation. Let’s help them do that— What did the AFL–CIO say about strongly disagree with him on this not just make them jump through un- that? issue before us today. necessary, costly, and duplicative To be effective, security regulations must It seems clear that the intended ef- hoops. be continuously updated to address the fect of the Republican bill is to cripple The underlying bill, the Republican emergence of new loopholes, abuses and mar- the SEC just as they undertake the bill, is a prescription for paralysis of ket failures. very tough and important job of imple- the SEC’s ability to protect investors. Likewise, the American Bar Associa- menting the badly needed reforms we I urge my colleagues to support my tion also chimed in about the retro- passed in Dodd-Frank. amendment, and I reserve the balance spective analysis, which is what the May I remind my colleagues that we of my time. SEC could have been doing, should passed Dodd-Frank in response to the Mr. GARRETT. Mr. Chairman, I rise have been doing, didn’t do, and that is worst financial crisis in our lifetime, in opposition to the amendment. what our bill will require them to do. one in which we were at one point los- The CHAIR. The gentleman from So I appreciate the gentlelady’s ef- ing 700,000 jobs a month, and by some New Jersey is recognized for 5 minutes. forts in this area, but I would rec- estimates the loss was well over $12 Mr. GARRETT. Mr. Chairman, first ommend a ‘‘no’’ vote on her amend- trillion. of all, I appreciate the gentlelady’s ment. My amendment strikes the under- offer of an amendment here. I also ap- I reserve the balance of my time. lying bill and puts a sense of Congress preciate the fact that the lady and I Mrs. CAROLYN B. MALONEY of New in its place. have often worked together on legisla- York. I would like to point out to my My amendment contains findings tion in the past in our respective com- colleague that the circuit court deci- that very clearly lay out the cost-ben- mittee, but on this one I humbly dis- sion underlines the point that I’m efit analysis process that the SEC al- agree. making in my amendment. It says ready has to go through in proposing or As she says, the amendment before clearly that there are cost-benefit adopting a rule. us basically guts the bill and simply analyses that are required by the SEC, What this bill would do now, the Re- sets forth a sense of Congress. and it made clear that there is a judi- publican bill, is handcuff the SEC com- cial review, that not only is analysis missioners with unnecessary redtape so b 1230 required, but you can always appeal to that the Commission will be unable to Two points, one on policy and one on the court. protect investors effectively. practicality. I yield my remaining time to the dis- Despite what the other side of the On policy, if this were the gentle- tinguished ranking member from the aisle is saying, there is already a lady’s idea that this is the way we great State of California, MAXINE multi-layered and effective cost-benefit should go on this piece of underlying WATERS. analysis built into the SEC rulemaking legislation, as the ranking member of Ms. WATERS. Thank you very much. process. the subcommittee and as a member of Mr. Chairman and Members, I would The SEC is already required by law the full committee, she had every op- like to thank the gentlelady from New to do cost-benefit analysis under the portunity in the world to come before York for bringing this amendment Paperwork Reduction Act and the Con- the committee at the time and put this today. As a matter of fact, the opposite gressional Review Act and the Regu- before us, at which time we could have side should thank her, too, because she latory Flexibility Act, and for the SEC had a full and complete debate on it. is giving them an opportunity to back specifically under the National Securi- Had we done so, we probably would out of this awful bill that will be harm- ties Markets Improvement Act of 1996. have pointed out to her two things. ful and that is ill-informed and to get

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.023 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2747 on with just saying that her resolution Broun (GA) Holding Price (GA) Lee (CA) Negrete McLeod Sewell (AL) Buchanan Hudson Radel Levin Nolan Shea-Porter would make good sense. So I am eager Bucshon Huelskamp Rahall Lipinski Pallone Sherman to support this amendment from the Burgess Huizenga (MI) Reed Loebsack Pastor (AZ) Sires gentlelady from New York. Calvert Hultgren Reichert Lowenthal Payne Slaughter The amendment strikes all bill text Camp Hunter Renacci Lowey Perlmutter Smith (WA) Cantor Hurt Ribble Lujan Grisham Peters (CA) Speier and replaces it with a sense of Con- Capito Issa Rice (SC) (NM) Peterson Swalwell (CA) gress, reiterating all the economic Carter Jenkins Rigell Luja´ n, Ben Ray Pingree (ME) Takano analysis requirements already imposed Cassidy Johnson (OH) Roby (NM) Pocan Thompson (CA) on the SEC. Chabot Jones Roe (TN) Lynch Polis Thompson (MS) Chaffetz Jordan Rogers (KY) Maloney, Price (NC) Tierney Specifically, current law requires the Coffman Joyce Rogers (MI) Carolyn Rangel Titus SEC to conduct economic analyses pur- Cole Kelly (PA) Rohrabacher Maloney, Sean Richmond Tonko suant to the Paperwork Reduction Act, Collins (GA) King (IA) Rokita Matsui Roybal-Allard Van Hollen Collins (NY) King (NY) Rooney McCarthy (NY) Ruiz Vargas the Congressional Review Act and the Conaway Kingston Ros-Lehtinen McCollum Ruppersberger Veasey Regulatory Flexibility Act, as well as Cook Kinzinger (IL) Roskam McDermott Rush Vela additional cost-benefit analysis per the Cotton Kline Ross McGovern Ryan (OH) Vela´ zquez Cramer Kuster Rothfus McNerney Sa´ nchez, Linda Visclosky National Securities Markets Improve- Crawford LaMalfa Royce Meeks T. Walz ment Act. Crenshaw Lamborn Runyan Meng Sanchez, Loretta Wasserman The CHAIR. The time of the gentle- Cuellar Lance Ryan (WI) Michaud Schakowsky Schultz woman has expired. Culberson Lankford Salmon Miller, George Schiff Waters Davis, Rodney Latham Sanford Moore Schrader Watt Mr. GARRETT. I yield back the bal- Denham Latta Schneider Moran Schwartz Waxman ance of my time. Dent LoBiondo Schock Murphy (FL) Scott (VA) Welch The CHAIR. The question is on the DeSantis Long Schweikert Nadler Scott, David Wilson (FL) Diaz-Balart Lucas Scott, Austin Napolitano Serrano Yarmuth amendment offered by the gentle- Duncan (SC) Luetkemeyer Sensenbrenner woman from New York (Mrs. CAROLYN Duncan (TN) Lummis Sessions NOT VOTING—37 B. MALONEY). Ellmers Maffei Shimkus Brown (FL) Hanabusa Palazzo The question was taken; and the Farenthold Marchant Shuster Campbell Higgins Pascrell Fincher Marino Simpson Chair announced that the ayes ap- Clyburn Hinojosa Pelosi Fitzpatrick Massie Sinema Coble Holt Peters (MI) peared to have it. Fleischmann Matheson Smith (NE) Cummings Hoyer Pompeo Mr. GARRETT. Mr. Chair, I demand Fleming McCarthy (CA) Smith (NJ) Daines Johnson, Sam Quigley Flores McCaul Smith (TX) DeLauro Kirkpatrick Rogers (AL) a recorded vote. Forbes McClintock Southerland DesJarlais Labrador Sarbanes The CHAIR. Pursuant to clause 6 of Fortenberry McHenry Stewart Duffy Lewis Scalise Foxx McIntyre Stivers Edwards Lofgren rule XVIII, further proceedings on the Tsongas Franks (AZ) McKeon Stockman Garcia Markey amendment offered by the gentle- Wagner Frelinghuysen McKinley Stutzman Gingrey (GA) Neal woman from New York will be post- Gabbard McMorris Terry Gutierrez O’Rourke poned. Gallego Rodgers Thompson (PA) Gardner Meadows Thornberry ANNOUNCEMENT BY THE CHAIR b 1258 Garrett Meehan Tiberi ´ The CHAIR. Pursuant to clause 6 of Gerlach Messer Tipton Messrs. CARDENAS, PETERS of rule XVIII, proceedings will now re- Gibbs Mica Turner California, and WELCH changed their sume on those amendments printed in Gibson Miller (FL) Upton vote from ‘‘aye’’ to ‘‘no.’’ Gohmert Miller (MI) Valadao House Report 113–60 on which further Goodlatte Miller, Gary Walberg Mrs. HARTZLER and Mr. CUELLAR proceedings were postponed, in the fol- Gosar Mullin Walden changed their vote from ‘‘no’’ to ‘‘aye.’’ lowing order: Gowdy Mulvaney Walorski So the amendment was rejected. Granger Murphy (PA) Weber (TX) The result of the vote was announced Amendment No. 2 by Mr. HURT of Graves (GA) Neugebauer Webster (FL) Virginia. Graves (MO) Noem Wenstrup as above recorded. Amendment No. 3 by Mrs. CAROLYN Griffin (AR) Nugent Westmoreland AMENDMENT NO. 3 OFFERED BY MRS. CAROLYN Griffith (VA) Nunes Whitfield B. MALONEY of New York. B. MALONEY OF NEW YORK Grimm Nunnelee Williams The Chair will reduce to 2 minutes Guthrie Olson Wilson (SC) The CHAIR. The unfinished business the minimum time for any electronic Hall Owens Wittman is the demand for a recorded vote on vote after the first vote in this series. Hanna Paulsen Wolf the amendment offered by the gentle- Harper Pearce Womack AMENDMENT NO. 2 OFFERED BY MR. HURT Harris Perry Woodall woman from New York (Mrs. CAROLYN The CHAIR. The unfinished business Hartzler Petri Yoder B. MALONEY) on which further pro- is the demand for a recorded vote on Hastings (WA) Pittenger Yoho ceedings were postponed and on which Heck (NV) Pitts Young (AK) the ayes prevailed by voice vote. the amendment offered by the gen- Hensarling Poe (TX) Young (FL) tleman from Virginia (Mr. HURT) on Herrera Beutler Posey Young (IN) The Clerk will redesignate the which further proceedings were post- amendment. poned and on which the ayes prevailed NOES—163 The Clerk redesignated the amend- by voice vote. Andrews Connolly Garamendi ment. Bass Conyers Grayson RECORDED VOTE The Clerk will redesignate the Beatty Cooper Green, Al amendment. Becerra Costa Green, Gene The CHAIR. A recorded vote has been The Clerk redesignated the amend- Bishop (GA) Courtney Grijalva demanded. ment. Bishop (NY) Crowley Hahn A recorded vote was ordered. Blumenauer Davis (CA) Hastings (FL) RECORDED VOTE Bonamici Davis, Danny Heck (WA) The CHAIR. This will be a 2-minute The CHAIR. A recorded vote has been Brady (PA) DeFazio Himes vote. Braley (IA) DeGette Honda The vote was taken by electronic de- demanded. Brownley (CA) Delaney Horsford A recorded vote was ordered. Bustos DelBene Huffman vice, and there were—ayes 165, noes 233, The vote was taken by electronic de- Butterfield Deutch Israel not voting 35, as follows: vice, and there were—ayes 233, noes 163, Capps Dingell Jackson Lee [Roll No. 158] Capuano Doggett Jeffries not voting 37, as follows: Ca´ rdenas Doyle Johnson (GA) AYES—165 [Roll No. 157] Carney Duckworth Johnson, E. B. Andrews Brownley (CA) Castro (TX) Carson (IN) Ellison Kaptur AYES—233 Bass Bustos Chu Cartwright Engel Keating Beatty Butterfield Cicilline Aderholt Barr Black Castor (FL) Enyart Kelly (IL) Becerra Capps Clarke Alexander Barrow (GA) Blackburn Castro (TX) Eshoo Kennedy Bishop (GA) Capuano Clay Amash Barton Bonner Chu Esty Kildee Bishop (NY) Ca´ rdenas Cleaver Amodei Benishek Boustany Cicilline Farr Kilmer Blumenauer Carney Cohen Bachmann Bentivolio Brady (TX) Clarke Fattah Kind Bonamici Carson (IN) Connolly Bachus Bera (CA) Bridenstine Clay Foster Langevin Brady (PA) Cartwright Conyers Barber Bilirakis Brooks (AL) Cleaver Frankel (FL) Larsen (WA) Braley (IA) Castor (FL) Cooper Barletta Bishop (UT) Brooks (IN) Cohen Fudge Larson (CT)

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.047 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2748 CONGRESSIONAL RECORD — HOUSE May 17, 2013 Costa Kildee Rangel Nugent Rokita Stutzman The SPEAKER pro tempore. Is the Courtney Kilmer Richmond Nunes Rooney Terry gentlewoman opposed to the bill? Crowley Kind Roybal-Allard Nunnelee Ros-Lehtinen Thompson (PA) Davis (CA) Kuster Ruiz Olson Roskam Thornberry Ms. WATERS. In its current form, I Davis, Danny Langevin Ruppersberger Owens Ross Tiberi am. DeFazio Larsen (WA) Rush Paulsen Rothfus Tipton The SPEAKER pro tempore. The DeGette Larson (CT) Ryan (OH) Pearce Royce Turner Clerk will report the motion to recom- Delaney Lee (CA) Sa´ nchez, Linda Perry Runyan Upton mit. DeLauro Levin T. Peters (CA) Ryan (WI) Valadao DelBene Lipinski Sanchez, Loretta Petri Salmon Walberg The Clerk read as follows: DesJarlais Loebsack Schakowsky Pittenger Sanford Walden Ms. Waters moves to recommit the bill Deutch Lowenthal Schiff Pitts Schock Walorski H.R. 1062 to the Committee on Financial Doggett Lowey Schneider Poe (TX) Schrader Weber (TX) Services with instructions to report the Doyle Lujan Grisham Schwartz Posey Schweikert Webster (FL) same back to the House forthwith with the Price (GA) Scott, Austin Wenstrup Duckworth (NM) Scott (VA) following amendment: Ellison Luja´ n, Ben Ray Radel Sensenbrenner Westmoreland Serrano Add at the end of the bill the following: Engel (NM) Sewell (AL) Rahall Sessions Whitfield Reed Shimkus Williams SEC. 4. PROTECTING THE PENSIONS OF WORK- Enyart Lynch Shea-Porter Eshoo Maloney, Reichert Shuster Wilson (SC) ING AMERICANS AND PROHIBITING Sherman Esty Carolyn Renacci Simpson Wittman THE FRAUDULENT TAKEOVER OF Sires Farr Matsui Ribble Sinema Wolf AMERICAN COMPANIES. Slaughter Fattah McCarthy (NY) Rice (SC) Smith (NE) Womack Nothing in this Act, or the amendments Smith (WA) Foster McCollum Rigell Smith (NJ) Woodall made by this Act, shall limit the authority Speier Frankel (FL) McDermott Roby Smith (TX) Yoder of the Securities and Exchange Commission, Swalwell (CA) Fudge McGovern Roe (TN) Southerland Yoho in carrying out the Commission’s authority Gabbard McNerney Takano Rogers (KY) Stewart Young (AK) Thompson (CA) to enforce securities laws and ensure inves- Garamendi Meeks Rogers (MI) Stivers Young (FL) tor protections— Grayson Meng Thompson (MS) Rohrabacher Stockman Young (IN) Green, Al Michaud Tierney (1) to protect the pension funds of fire- Green, Gene Miller, George Titus NOT VOTING—35 fighters, police officers, and teachers, or a Grijalva Moore Tonko Brown (FL) Hanabusa Palazzo pension fund of any retiree, against fraudu- Hahn Moran Tsongas Campbell Higgins Pascrell lent and deceptive financial practices; or Hastings (FL) Murphy (FL) Van Hollen Carter Hinojosa Pelosi (2) to protect against the takeover of Heck (WA) Nadler Vargas Clyburn Holt Peters (MI) American businesses by non-U.S. persons, in- Veasey Himes Napolitano Coble Hoyer Pompeo cluding government-owned corporations Vela Honda Negrete McLeod Cummings Johnson, Sam Quigley Vela´ zquez from China, that engage in reverse mergers Horsford Nolan Daines Kirkpatrick Rogers (AL) Huffman O’Rourke Visclosky with U.S. companies to gain quick access to Duffy Labrador Sarbanes Israel Pallone Walz Edwards Lewis U.S. markets, but defraud investors of bil- Scalise Jackson Lee Pastor (AZ) Wasserman Garcia Lofgren lions of dollars. Scott, David Jeffries Payne Schultz Gingrey (GA) Markey Wagner Mr. GARRETT (during the reading). Johnson (GA) Perlmutter Waters Gutierrez Neal Johnson, E. B. Peterson Watt Mr. Speaker, I ask that the reading be Kaptur Pingree (ME) Waxman b 1305 dispensed with. Keating Pocan Welch So the amendment was rejected. The SPEAKER pro tempore. Is there Kelly (IL) Polis Wilson (FL) objection to the request of the gen- Kennedy Price (NC) Yarmuth The result of the vote was announced as above recorded. tleman from New Jersey? There was no objection. NOES—233 The Acting CHAIR (Mr. HULTGREN). The SPEAKER pro tempore. Pursu- Aderholt DeSantis Issa The question is on the amendment in Alexander Diaz-Balart Jenkins ant to the rule, the gentlewoman from the nature of a substitute, as amended. California is recognized for 5 minutes Amash Dingell Johnson (OH) The amendment was agreed to. Amodei Duncan (SC) Jones in support of the motion. Bachmann Duncan (TN) Jordan The Acting CHAIR. Under the rule, Bachus Ellmers Joyce the Committee rises. b 1310 Barber Farenthold Kelly (PA) Accordingly, the Committee rose; Ms. WATERS. This is the final Barletta Fincher King (IA) Barr Fitzpatrick King (NY) and the Speaker pro tempore (Mr. amendment to the bill, which would Barrow (GA) Fleischmann Kingston WOODALL) having assumed the chair, not kill the bill or send it back to com- Barton Fleming Kinzinger (IL) Mr. HULTGREN, Acting Chair of the mittee. If adopted, the bill will imme- Benishek Flores Kline Committee of the Whole House on the diately proceed to final passage, as Bentivolio Forbes LaMalfa Bera (CA) Fortenberry Lamborn state of the Union, reported that that amended. Bilirakis Foxx Lance Committee, having had under consider- This motion ensures the ability of Bishop (UT) Franks (AZ) Lankford ation the bill (H.R. 1062) to improve the the SEC to continue to protect inves- Black Frelinghuysen Latham tors and enforce the securities laws. I Blackburn Gallego Latta consideration by the Securities and Ex- Bonner Gardner LoBiondo change Commission of the costs and want to emphasize that this motion Boustany Garrett Long benefits of its regulations and orders, does not stop the bill, but it does flag Brady (TX) Gerlach Lucas and, pursuant to House Resolution 216, the very important ways in which we Bridenstine Gibbs Luetkemeyer need to let the SEC act. The motion Brooks (AL) Gibson Lummis he reported the bill back to the House Brooks (IN) Gohmert Maffei with an amendment adopted in the would ensure that the SEC can protect Broun (GA) Goodlatte Maloney, Sean Committee of the Whole. investors and enforce the securities Buchanan Gosar Marchant laws in two specific areas: Bucshon Gowdy Marino The SPEAKER pro tempore. Under the rule, the previous question is or- First, the motion will ensure that Burgess Granger Massie this bill does not reduce the ability of Calvert Graves (GA) Matheson dered. the SEC to protect the pension plans of Camp Graves (MO) McCarthy (CA) Is a separate vote demanded on any Cantor Griffin (AR) McCaul our firefighters and police, the people amendment to the amendment in the Capito Griffith (VA) McClintock on whom we rely as our first respond- Cassidy Grimm McHenry nature of a substitute reported from Chabot Guthrie McIntyre ers, as well as the pension plans of the Committee of the Whole? teachers and other retirees against Chaffetz Hall McKeon If not, the question is on the amend- Coffman Hanna McKinley fraudulent and deceptive practices. Cole Harper McMorris ment. Protecting investors is a core element Collins (GA) Harris Rodgers The amendment was agreed to. of the SEC’s mission and one that we Collins (NY) Hartzler Meadows The SPEAKER pro tempore. The Conaway Hastings (WA) Meehan ignore at our peril. This week is Police Cook Heck (NV) Messer question is on the engrossment and Officers Week. Do we really want to Cotton Hensarling Mica third reading of the bill. honor our men and women in service Cramer Herrera Beutler Miller (FL) The bill was ordered to be engrossed Crawford Holding Miller (MI) by stripping them of protections for Crenshaw Hudson Miller, Gary and read a third time, and was read the their hard-earned and hard-won earn- Cuellar Huelskamp Mullin third time. ings? Mr. Speaker, these protections Culberson Huizenga (MI) Mulvaney MOTION TO RECOMMIT become ever more crucial as we rely in- Davis, Rodney Hultgren Murphy (PA) Denham Hunter Neugebauer Ms. WATERS. Mr. Speaker, I have a creasingly on the securities markets Dent Hurt Noem motion to recommit at the desk. for our retirement savings.

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.026 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2749 Second, the motion to recommit fo- natives that are out there, not just the [Roll No. 159] cuses on protecting investors by ensur- initial one that comes forward. And AYES—179 ing that the SEC can protect against then once you’ve passed that regula- Andrews Grayson Pallone the takeover of American firms by for- tion, the next year and years after Barber Green, Al Pastor (AZ) eign companies, particularly Chinese that, go back and reconsider them and Barrow (GA) Green, Gene Payne companies, that are using such mergers make sure that they’re being done ef- Bass Grijalva Perlmutter Beatty Hahn to access the investor funds in our cap- fectively and they were the most effi- Peters (CA) Becerra Hastings (FL) Peterson ital markets without going through cient regulations for the economy. Bera (CA) Heck (WA) Pingree (ME) the SEC registration process. The SEC That’s the underlying legislation, and Bishop (GA) Himes Pocan has had numerous enforcement actions that’s why I encourage my Members to Bishop (NY) Honda Polis Blumenauer Horsford Price (NC) against such companies which purchase support the underlying bill. Bonamici Huffman Rahall Brady (PA) Israel a small company and merge it with a To the MTR, what is the SEC Rangel Braley (IA) Jackson Lee larger, often fraudulent, foreign com- Richmond charged to do? Three, basically, core Brownley (CA) Jeffries Roybal-Allard pany. It has worked hard to protect the provisions: investor protection, capital Bustos Johnson (GA) savings of hardworking Americans, in- Butterfield Jones Ruiz formation, and efficient markets. And Ruppersberger cluding union pension holders and perhaps to the point here, one of the Capps Kaptur Capuano Keating Rush other pensioners, from being disadvan- most important is investor protection. Ca´ rdenas Kelly (IL) Ryan (OH) taged by these Chinese firms that don’t Who are we talking about when we’re Carney Kennedy Sa´ nchez, Linda T. play by the same rules. talking about investors? It’s that sin- Carson (IN) Kildee Both of these areas highlight the im- Cartwright Kilmer Sanchez, Loretta gle mom out there who is trying to Castor (FL) Kind Schakowsky portance of SEC action to protect in- raise a young girl and trying to put her Castro (TX) Kuster Schiff vestors, particularly those preparing into college and have money to do so. Chu Langevin Schneider Cicilline Larsen (WA) Schrader for retirement. With Americans in- It’s the young couple who wants to creasingly dependent on the securities Clarke Larson (CT) Schwartz have financing to be able to buy their Clay Lee (CA) Scott (VA) markets to protect their retirement first home. It’s the moms, dads, and Cleaver Levin Scott, David savings, it is more critical than ever to our grandparents, the pensioners and Cohen Lipinski Serrano ensure that we preserve the ability of Connolly Loebsack Sewell (AL) the retirees who want to know that Conyers Lowenthal Shea-Porter the SEC to act. their investments are secure and the Cooper Lowey Just yesterday, we heard from the Sherman markets are operating efficiently. To Costa Lujan Grisham Sinema Courtney (NM) SEC’s new chairwoman, Mary Jo the point here with your amendment Sires White. When we asked her about this Crowley Luja´ n, Ben Ray Slaughter most specifically, yes, it’s the cop on Cuellar (NM) bill, she said that she found it ‘‘very Smith (WA) the beat, it’s the fireman, and it’s the Davis (CA) Lynch Speier troubling.’’ I don’t imagine that a Davis, Danny Maffei Swalwell (CA) union worker who wants to make sure DeFazio Maloney, former prosecutor who took on the Takano that he’s investing his time and efforts DeGette Carolyn Thompson (CA) Mob and terrorists is easily troubled. Delaney Maloney, Sean into our community and his invest- Thompson (MS) Indeed, she said that she had already DeLauro Matsui ments are taken care of in an efficient Tierney needed at least 45 new economists to DelBene McCarthy (NY) operation in the markets on Wall Titus meet the need for an expanded eco- Deutch McCollum Street and the markets as well. Dingell McDermott Tonko nomic analysis under the SEC stand- Tsongas That’s what our bill does. All of them Doggett McGovern ards, but she couldn’t hire them due to Doyle McIntyre Van Hollen are taken care of in the underlying leg- Duckworth McNerney Vargas the sequester. This is troubling indeed. Veasey Rather than helping the SEC to do islation. Your amendment basically Ellison Meeks says that we don’t care as far as mak- Engel Meng Vela its job better, we are cutting its budget Enyart Michaud Vela´ zquez and throwing up new roadblocks, like ing sure the most efficient rules are Eshoo Miller, George Visclosky this bill. It is a mistake. I urge my col- concerned when it comes to the fire- Esty Moore Walz Wasserman leagues to support this motion, and I fighters, the pensioners, or the teach- Farr Moran ers. Fattah Murphy (FL) Schultz yield back the balance of my time. Foster Nadler Waters Mr. GARRETT. Mr. Speaker, I rise in I’ll close on this. If we want to honor Frankel (FL) Napolitano Watt opposition. the firefighters, if we want to honor Fudge Negrete McLeod Waxman the police officers, and if we want to Gabbard Nolan Welch The SPEAKER pro tempore. The gen- Gallego O’Rourke Wilson (FL) tleman from New Jersey is recognized honor the teachers and the pension Garamendi Owens Yarmuth for 5 minutes. funds, vote ‘‘no’’ on this MTR and vote Mr. GARRETT. Mr. Speaker, I will be ‘‘yes’’ on the final passage. NOES—217 brief, and I will simply address both I yield back the balance of my time. Aderholt Coffman Gibbs Alexander Collins (GA) Gibson the process and the policy briefly. The SPEAKER pro tempore. Without Amash Collins (NY) Gohmert On the process, I appreciate the gen- objection, the previous question is or- Amodei Conaway Goodlatte tlelady’s bringing this amendment here dered on the motion to recommit. Bachmann Cook Gosar to the floor today; but, as she knows, Bachus Cotton Gowdy There was no objection. Barletta Cramer Granger we were in committee for multiple The SPEAKER pro tempore. The Barr Crawford Graves (GA) hours hearing various amendments on Benishek Crenshaw Graves (MO) the underlying legislation, and she had question is on the motion to recommit. Bentivolio Culberson Griffin (AR) every opportunity to bring it before The question was taken; and the Bilirakis Davis, Rodney Griffith (VA) Speaker pro tempore announced that Bishop (UT) Denham Grimm the entire committee at that time, and Black Dent Guthrie we could have had a full and complete the noes appeared to have it. Blackburn DeSantis Hall Bonner Diaz-Balart Hanna debate and actual vote in the com- RECORDED VOTE Boustany Duncan (SC) Harper mittee at that time. I am lost for a rea- Ms. WATERS. Mr. Speaker, I demand Brady (TX) Duncan (TN) Harris son why she did not go through the reg- a recorded vote. Bridenstine Ellmers Hartzler ular order. Brooks (AL) Farenthold Hastings (WA) A recorded vote was ordered. But, more specifically, to the merits Brooks (IN) Fincher Heck (NV) The SPEAKER pro tempore. Pursu- Broun (GA) Fitzpatrick Hensarling of the underlying bill and the amend- Buchanan Fleischmann Herrera Beutler ment, if there could be anything sim- ant to clause 9 of rule 20, this 5-minute Bucshon Fleming Holding pler or easier than what we are trying vote on the motion to recommit will be Burgess Flores Hudson to do in the underlying bill, H.R. 1062, followed by a 5-minute vote on passage Calvert Forbes Huelskamp of the bill, if ordered. Camp Fortenberry Huizenga (MI) Mr. Speaker, let’s be real. Mr. Speaker, Cantor Foxx Hultgren all we’re asking the SEC to do is this: This is a 5-minute vote. Capito Franks (AZ) Hunter identify a problem first before you do a The vote was taken by electronic de- Carter Frelinghuysen Hurt Cassidy Gardner Issa regulation, and then once you consider vice, and there were—ayes 179, noes 217, Chabot Garrett Jenkins a regulation, consider all the alter- not voting 37, as follows: Chaffetz Gerlach Johnson (OH)

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.054 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2750 CONGRESSIONAL RECORD — HOUSE May 17, 2013 Jordan Neugebauer Sensenbrenner Cotton King (IA) Rigell Matsui Polis Takano Joyce Noem Sessions Cramer King (NY) Roby McCarthy (NY) Price (NC) Thompson (CA) Kelly (PA) Nugent Shimkus Crawford Kingston Roe (TN) McCollum Rangel Thompson (MS) King (IA) Nunes Shuster Crenshaw Kinzinger (IL) Rogers (KY) McDermott Richmond Tierney King (NY) Nunnelee Simpson Cuellar Kline Rogers (MI) McGovern Roybal-Allard Titus Kingston Olson Smith (NE) Culberson LaMalfa Rohrabacher McNerney Ruppersberger Tonko Kinzinger (IL) Paulsen Smith (NJ) Davis, Rodney Lamborn Rokita Meeks Rush Tsongas Kline Pearce Smith (TX) Denham Lance Rooney Michaud Ryan (OH) Van Hollen LaMalfa Perry Miller, George Sa´ nchez, Linda Southerland Dent Lankford Ros-Lehtinen Vargas Lamborn Petri DeSantis Latham Moore T. Stewart Roskam Veasey Lance Pittenger Diaz-Balart Latta Moran Sanchez, Loretta Stivers Ross Vela Lankford Pitts Duncan (SC) LoBiondo Murphy (FL) Schakowsky Stockman Rothfus Vela´ zquez Latham Poe (TX) Stutzman Duncan (TN) Long Royce Nadler Schiff Latta Posey Ellmers Lucas Napolitano Schwartz Visclosky Terry Ruiz Walz LoBiondo Price (GA) Thompson (PA) Farenthold Luetkemeyer Runyan Negrete McLeod Scott (VA) Long Radel Wasserman Thornberry Fincher Lummis Ryan (WI) Nolan Scott, David Lucas Reed O’Rourke Sewell (AL) Schultz Tiberi Fitzpatrick Maffei Salmon Luetkemeyer Reichert Fleischmann Pallone Shea-Porter Waters Tipton Maloney, Sean Sanford Lummis Renacci Fleming Marchant Pastor (AZ) Sherman Watt Turner Schneider Marchant Ribble Flores Marino Payne Sires Waxman Upton Schock Marino Rice (SC) Forbes Massie Perlmutter Slaughter Welch Valadao Schrader Massie Rigell Fortenberry Matheson Peterson Smith (WA) Wilson (FL) Walberg Schweikert Matheson Roby Foxx McCarthy (CA) Pingree (ME) Speier Walden Scott, Austin Yarmuth McCarthy (CA) Roe (TN) Franks (AZ) McCaul Pocan Swalwell (CA) Sensenbrenner McCaul Rogers (KY) Walorski Frelinghuysen McClintock Sessions McClintock Rogers (MI) Weber (TX) Gallego McHenry NOT VOTING—37 Shimkus McHenry Rohrabacher Webster (FL) Gardner McIntyre Shuster Barton Hanabusa Palazzo McKeon Rokita Wenstrup Garrett McKeon Simpson Brown (FL) Higgins Pascrell McKinley Rooney Westmoreland Gerlach McKinley Campbell Hinojosa Sinema Pelosi McMorris Ros-Lehtinen Whitfield Gibbs McMorris Clyburn Holt Smith (NE) Peters (MI) Rodgers Roskam Williams Gibson Rodgers Coble Hoyer Smith (NJ) Pompeo Meadows Ross Wilson (SC) Gohmert Meadows Cummings Johnson, Sam Smith (TX) Quigley Meehan Rothfus Wittman Goodlatte Meehan Daines Kirkpatrick Southerland Rogers (AL) Messer Royce Wolf Gosar Messer DesJarlais Labrador Stewart Sarbanes Mica Runyan Womack Gowdy Mica Duffy Lewis Stivers Scalise Miller (FL) Ryan (WI) Woodall Granger Miller (FL) Edwards Lofgren Stockman Serrano Miller (MI) Salmon Yoder Graves (GA) Miller (MI) Garcia Markey Stutzman Wagner Miller, Gary Sanford Yoho Graves (MO) Miller, Gary Gingrey (GA) Meng Terry Mullin Schock Young (AK) Griffin (AR) Mullin Gutierrez Neal Mulvaney Schweikert Young (FL) Griffith (VA) Mulvaney Thompson (PA) Murphy (PA) Scott, Austin Young (IN) Grimm Murphy (PA) Thornberry b 1330 Guthrie Neugebauer Tiberi NOT VOTING—37 Hall Noem Tipton So the bill was passed. Barton Gutierrez Neal Hanna Nugent Turner The result of the vote was announced Brown (FL) Hanabusa Palazzo Harper Nunes Upton as above recorded. Valadao Campbell Higgins Pascrell Harris Nunnelee Walberg A motion to reconsider was laid on Clyburn Hinojosa Pelosi Hartzler Olson Walden the table. Coble Holt Peters (MI) Hastings (WA) Owens Cole Hoyer Heck (NV) Paulsen Walorski PERSONAL EXPLANATION Pompeo Weber (TX) Cummings Johnson, E. B. Quigley Hensarling Pearce Herrera Beutler Perry Webster (FL) Mrs. WAGNER. Mr. Speaker, on Friday May Daines Johnson, Sam Rogers (AL) DesJarlais Kirkpatrick Holding Peters (CA) Wenstrup 17, 2013, I was in St. Louis, Missouri cele- Sarbanes Duffy Labrador Hudson Petri Westmoreland Scalise brating the graduation of my son, Stephen Edwards Lewis Huelskamp Pittenger Whitfield Wagner Wagner. Stephen is graduating from Wash- Garcia Lofgren Huizenga (MI) Pitts Williams Gingrey (GA) Markey Hultgren Poe (TX) Wilson (SC) ington University in St. Louis, and today was Hunter Posey Wittman his commencement ceremony. b 1322 Hurt Price (GA) Wolf Due to this lifetime event, I was unable to Issa Radel Womack be in Washington, DC to vote on the legisla- So the motion to recommit was re- Jenkins Rahall Woodall tive business of the day. jected. Johnson (OH) Reed Yoder Jones Reichert Yoho On Ordering the Previous Question for H. The result of the vote was announced Jordan Renacci Young (AK) Res. 216, a resolution providing for consider- as above recorded. Joyce Ribble Young (FL) ation of H.R. 1062, the SEC Regulatory Ac- The SPEAKER pro tempore. The Kelly (PA) Rice (SC) Young (IN) countability Act, rollcall vote No. 155, had I question is on the passage of the bill. NOES—161 been present I would have vote ‘‘yes.’’ The question was taken; and the On Adoption of H. Res. 216, a resolution Speaker pro tempore announced that Andrews Davis (CA) Honda Bass Davis, Danny Horsford providing for consideration of H.R. 1062, the the ayes appeared to have it. Beatty DeFazio Huffman SEC Regulatory Accountability Act, rollcall No. RECORDED VOTE Becerra DeGette Israel Bishop (GA) Delaney Jackson Lee 156, had I been present I would have voted Ms. WATERS. Mr. Speaker, I demand Bishop (NY) DeLauro Jeffries ‘‘yes.’’ a recorded vote. Blumenauer DelBene Johnson (GA) On Adoption of the Amendment of Mr. HURT A recorded vote was ordered. Bonamici Deutch Johnson, E. B. Brady (PA) Dingell Kaptur of Virginia, Amendment No. 2 to H.R. 1062, The SPEAKER pro tempore. This Braley (IA) Doggett Keating rollcall vote No. 157, had I been present I will be a 5-minute vote. Brownley (CA) Doyle Kelly (IL) would have voted ‘‘yes.’’ The vote was taken by electronic de- Bustos Duckworth Kennedy On Adoption of the Amendment of Ms. vice, and there were—ayes 235, noes 161, Butterfield Ellison Kildee Capps Engel Kilmer MALONEY of New York, Amendment No. 3 to not voting 37, as follows: Capuano Enyart Kind H.R. 1062, rollcall vote No. 158, had I been [Roll No. 160] Carney Eshoo Kuster present I would have voted ‘‘no.’’ Carson (IN) Esty Langevin AYES—235 Cartwright Farr Larsen (WA) On the Motion to Recommit with Instructions Aderholt Bishop (UT) Camp Castor (FL) Fattah Larson (CT) H.R. 1062 rollcall vote No. 159, had I been Alexander Black Cantor Castro (TX) Foster Lee (CA) present I would have voted ‘‘no.’’ Amash Blackburn Capito Chu Frankel (FL) Levin On Passage of H.R. 1062, the SEC Regu- Amodei Bonner Ca´ rdenas Cicilline Fudge Lipinski Bachmann Boustany Carter Clarke Gabbard Loebsack latory Accountability Act, rollcall vote No. 160, Bachus Brady (TX) Cassidy Clay Garamendi Lowenthal had I been present, I would have voted ‘‘yes.’’ Barber Bridenstine Chabot Cleaver Grayson Lowey PERSONAL EXPLANATION Barletta Brooks (AL) Chaffetz Cohen Green, Al Lujan Grisham Barr Brooks (IN) Coffman Connolly Green, Gene (NM) Mr. GUTIERREZ. Mr. Speaker, I was un- Barrow (GA) Broun (GA) Cole Conyers Grijalva Luja´ n, Ben Ray avoidably absent in the House chamber for Benishek Buchanan Collins (GA) Cooper Hahn (NM) votes Friday, May 17. Had I been present, I Bentivolio Bucshon Collins (NY) Costa Hastings (FL) Lynch Bera (CA) Burgess Conaway Courtney Heck (WA) Maloney, would have voted ‘‘nay’’ on rollcall vote 155, Bilirakis Calvert Cook Crowley Himes Carolyn ‘‘nay’’ on rollcall vote 156, ‘‘nay’’ on rollcall

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0636 Sfmt 9920 E:\CR\FM\A17MY7.028 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2751 vote 157, ‘‘yea’’ on rollcall vote 158, ‘‘yea’’ on founded Universal Publishing and its at the age of 4 when she was singing rollcall vote 159, and ‘‘nay’’ on rollcall vote subsidiary, Universal Bookseller & Dis- literally to the Lord. It was only the 160. tributor. beginning. And as South Carolina’s PERSONAL EXPLANATION Since then, this company has been new congressman from the First Con- Mrs. KIRKPATRICK. Mr. Speaker, due to dedicated to the distribution and publi- gressional District, I speak for many family obligations today, May 17, 2013, I will cation of books from Hispanic and who could not be more proud of miss certain votes related to H.R. 1062. Had Cuban authors, including my father, Candice for, indeed, the way that she I been present, I would have voted the fol- Enrique Ros. reminds every one of us of the impor- I thank Salvat for playing a major lowing way: tance of trying, trying, and trying yet role in illustrating the road traveled by Representative Hurt Amendment—I would again. the exile community through the more Congratulations, Candice. have voted ‘‘no.’’ than 1,600 published titles, while giving f Representative Carolyn Maloney Amend- readers a deeper understanding of Cuba ment—I would have voted ‘‘yes.’’ and Latin America’s culture, history, KEYSTONE XL PIPELINE Democratic Motion to Recommit H.R. politics, and literature. We will miss (Mr. COHEN asked and was given per- 1062—I would have voted ‘‘yes.’’ this great cultural leader. mission to address the House for 1 On final passage of H.R. 1062—I would f minute.) have voted ‘‘no.’’ Mr. COHEN. Mr. Speaker, I rise Mr. PASCRELL. Mr. Speaker, today, May CLIMATE CHANGE today to share my grave concern about 17th, I missed several rollcall votes. Had I (Mr. JOHNSON of Georgia asked and the Keystone XL pipeline and H.R. 3, been present I would have voted: was given permission to address the the Northern Route Approval Act, ‘‘nay’’—rollcall vote 155—On Ordering the House for 1 minute and to revise and which, unfortunately, passed through Previous Question on H. Res. 216—Providing extend his remarks.) committee this past week. It will allow for consideration of H.R. 1062, the SEC Regu- Mr. JOHNSON of Georgia. Mr. Speak- accelerated building of this pipeline latory Accountability Act. er, I implore my colleagues to address and give certain advantages to a for- ‘‘nay’’—rollcall vote 156—On Agreeing to the global climate process. eign country—Canada—against our the Resolution—H. Res. 216—Providing for A recent academic study found that citizens that otherwise would have consideration of H.R. 1062, the SEC Regu- 97 percent of scientists agree that rights to go to court, which are being latory Accountability Act human activity is mainly responsible deprived. ‘‘nay’’—rollcall vote 157—On Agreeing to for climate change. That same study The world’s foremost climatologist, the Amendment—Hurt of Virginia Amendment concluded that the public has been mis- former NASA scientist Dr. James Han- No. 2 led into thinking that there is a dif- sen, was one of the first scientists to ‘‘aye’’—rollcall Vote 158—On Agreeing to ference in thinking among scientists warn of the dangers of burning carbon the Amendment—Carolyn Maloney of New on this, but 97 percent of scientists fuel. He has likened the building and York Amendment No. 3 agree that this is a problem. the use of the Keystone XL pipeline to ‘‘aye’’—rollcall vote 159—On Motion to Re- How much longer will science deniers the lighting of the ‘‘fuse to the biggest commit with Instructions on H.R. 1062—To im- and their supporters in Congress spread carbon bomb on the planet,’’ and noth- prove the consideration by the Securities and misinformation about the facts and the ing less. Exchange Commission of the costs and bene- dangers of climate change? It is a fact Dr. Hansen warns that the comple- fits of its regulations and orders that we have more carbon dioxide in tion of the Keystone XL pipeline will ‘‘nay—rollcall vote 160—On Passage of our atmosphere than at any time in only reinforce our dependence on fossil H.R. 1062—To improve the consideration by the past 3 million years. fuels, not strengthen our Nation’s en- the Securities and Exchange Commission of As a member of the Safe Climate ergy independence, which has been ar- the costs and benefits of its regulations and Caucus, I urge all of my colleagues to gued by some on the other side. orders recognize the dangers of climate By furthering our dependence on fos- change and to come together and ad- sil fuels, we only push Earth farther f dress this problem ASAP. We don’t and farther away from the point of no ADJOURNMENT TO MONDAY, MAY have much time to lose. return. Just last week, the highest rat- 20, 2013 f ing of carbon in our atmosphere ever Mr. YOHO. Mr. Speaker, I ask unani- was recorded in Hawaii—400 points. CONGRATULATING CANDICE This portends a hotter summer even mous consent that when the House ad- GLOVER journs today, it adjourn to meet on than the hottest summers we have ever (Mr. SANFORD asked and was given Monday next, when it shall convene at faced on this planet. permission to address the House for 1 Building a pipeline that carries the noon for morning-hour debate and 2 minute.) dirtiest of oils—tar sands—from Can- p.m. for legislative business. Mr. SANFORD. Mr. Speaker, I have ada to the Gulf of Mexico on their way The SPEAKER pro tempore. Is there the pleasure of rising today to con- to China is exactly the opposite of ad- objection to the request of the gen- gratulate Lowcountry native and St. dressing climate change in America. tleman from Florida? Helena Island’s own Candice Glover on So, next week, I urge my colleagues to There was no objection. winning the title of ‘‘American Idol.’’ vote ‘‘no’’ on H.R. 3 in the interest of f She is the daughter of John and Carole preserving our Earth for generations to HONORING JUAN MANUEL SALVAT Glover. Candice is a graduate of Beau- come. fort High School. f (Ms. ROS-LEHTINEN asked and was I think that her story ultimately is given permission to address the House inspirational, because what she does is STUDENT LOAN BILL for 1 minute and to revise and extend she teaches and reminds every one of (Mr. THOMPSON of Pennsylvania her remarks.) us on the importance of this simple no- asked and was given permission to ad- Ms. ROS-LEHTINEN. Mr. Speaker, I tion of trying, trying, and trying yet dress the House for 1 minute and to re- rise this afternoon to honor Juan again. Because it was, in fact, on her vise and extend his remarks.) Manuel Salvat, owner of Miami’s first third attempt that she actually made Mr. THOMPSON of Pennsylvania. Spanish-language bookseller: Libreria it, and it made all the difference. Mr. Speaker, for too long Congress has Universal, which will sadly be closing I was there for ‘‘hero’s welcome’’ just kicked the can down the road and after his retirement in June. a couple of weeks ago in Beaufort, avoided putting forward a long-term Having fled Castro’s totalitarian South Carolina, and I can only imagine plan for college affordability. Yester- grip, Juan Manuel was eager to rescue the welcome that she will now receive. day, the House Education Committee the essential works of the Cuban cul- She was then one of three. She won it took a strong step forward by strength- ture. this week. ening our student loan programs and He sought to tell the story of the Her career is one that started at passing H.R. 1911, the Smarter Solu- Cuban exile, and that is how in 1965 he Oaks True Holiness Church back home tions for Students Act.

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.037 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2752 CONGRESSIONAL RECORD — HOUSE May 17, 2013 Absent congressional action, interest education of firefighters in North Caro- tes can be devastating, but it can be rates on student loans will double from lina. Chief Briscoe will continue to managed. Like most chronic diseases, 3.4 to 6.8 percent on July 1. This bill serve on the board of directors as the diabetes can be attributed to poor be- prevents this from happening and ends past president of the North Carolina haviors, such as lack of physical activ- what has become an annual debate Association of Fire Chiefs. ity, poor nutritional choices and other within Congress on how to set the rates Today, we honor his years of service risky behaviors. By not only changing for student loans, a process that has and express our appreciation for his our behaviors but by improving access served neither students nor taxpayers. continued commitment to North Caro- to education, proper diabetes care and H.R. 1911 builds on a proposal put for- lina firefighters. We are grateful to continued funding for research to find ward by President Obama in his fiscal Chief Briscoe and to his fellow fire- a cure, we can truly make a positive, year 2014 budget request which would fighters across North Carolina for their sustained change in the quality of life move to a market-based interest rate. bravery and selfless dedication to pro- for millions of Americans. The bill would allow students to take tecting our communities in the face of f advantage of low interest rates but danger. REDEFINING THE NATION’S CAP- also protect them with reasonable rate f ITAL AS A FREE-STANDING FED- caps during higher rate environments. OPPOSING THE REPEAL OF THE ERAL AGENCY Mr. Speaker, I encourage my col- AFFORDABLE CARE ACT leagues to join in support of this bill, The SPEAKER pro tempore. Under which will offer students the lowest (Ms. MICHELLE LUJAN GRISHAM the Speaker’s announced policy of Jan- possible cost for higher education and of New Mexico asked and was given uary 3, 2013, the gentlewoman from the ensure the solvency of these important permission to address the House for 1 District of Columbia (Ms. NORTON) is programs. minute and to revise and extend her re- recognized for 60 minutes as the des- marks.) ignee of the minority leader. f Ms. MICHELLE LUJAN GRISHAM of Ms. NORTON. I thank you, Mr. b 1340 New Mexico. Mr. Speaker, instead of Speaker. taking steps to create jobs and grow I come to the floor to discuss a bill REMARKABLE WOMEN OF WEST addressed only to my district, the Dis- PALM BEACH, FLORIDA the economy, Republicans yesterday voted to repeal the Affordable Care Act trict of Columbia, which will come to a (Ms. FRANKEL of Florida asked and for the 37th time. hearing next Thursday in the Judiciary was given permission to address the The Affordable Care Act is working, Subcommittee on the Constitution, House for 1 minute and to revise and and its benefits are being felt through- chaired by Chairman TRENT FRANKS. In point of fact, over the last month, extend her remarks.) out the country, especially in my home there have been two such bills intro- Ms. FRANKEL of Florida. Mr. Speak- State. Almost 525,000 New Mexicans duced in this House, bills that can only er, I rise to place in the CONGRESSIONAL now have access to free preventative fairly be characterized as abuse of RECORD the names of six phenomenal services, such as mammograms, flu women who have positively influenced power. They are both directed against shots and colonoscopy screenings. Al- only one jurisdiction—my own district. the lives of the people of my hometown most 19,000 seniors have benefited from of West Palm Beach, Florida: H.R. 7 would appear to be a Federal lower prescription drug costs, and over matter. That bill would make perma- Sheri Brooks, Renee Kessler and 26,000 young adults in New Mexico can Ilene Silber, dynamic educators who nent the Hyde amendment, which an- stay on their parents’ insurance plans nually passes this House every year, have devoted their lives to the future until they are 26. of the youth of our community; barring the use of Federal funds for So why in the world would we want abortion. Wherever you stand on abor- Sherry Hyman, an exceptional law- to hurt seniors, women and young peo- yer who has helped shape our county’s tion, at the very least, that is a Fed- ple by repealing the Affordable Care eral matter. In the very same bill how- physical environment; Act? Mona Reis, a courageous crusader for ever is an outrageous abuse. The bill Let’s not forget that the Affordable seeks to do the same for the District of women’s health and reproductive Care Act is a job creator. The Medicaid rights; Columbia, barring permanently the use expansion alone will create 6,000 to of local funds—funds raised by local and Young Song, a brilliant architect 8,000 jobs in New Mexico and will pump whose projects bring joy to thousands taxpayers—for abortions for low-in- more than $5 billion into our economy come women. Local funds are similarly of visitors each year. over the next 6 years. Best yet, these phenomenal women used for abortions for low income dis- Mr. Speaker, let’s stop trying to re- tricts in districts across the United have beautiful hearts and remarkable peal the Affordable Care Act, and let’s children. States because, after all, they are local get back to work on behalf of the funds. But H.R. 7 redefines the Nation’s f American people. Capital which was given home rule in IN HONOR OF THE SERVICE OF f 1973, as a free-standing jurisdiction— FIRE CHIEF KENNETH BRISCOE DIABETES instead of a Federal agency for purposes of abortion. (Mr. MEADOWS asked and was given (Mr. BARR asked and was given per- Imagine having your district defined permission to address the House for 1 mission to address the House for 1 as a Federal agency so that the Con- minute and to revise and extend his re- minute and to revise and extend his re- gress can make ideological points by marks.) marks.) overturning local legislation at will. Mr. MEADOWS. Mr. Speaker, I rise Mr. BARR. Mr. Speaker, I stand be- Yep, this is still America. That bill is today to honor Lenoir Fire Chief Ken fore you today to address a mounting H.R. 946. As to the District of Colum- Briscoe as his term of president of the health crisis and on behalf of nearly 26 bia, it’s simply an expanded way to North Carolina Association of Fire million Americans and 532,000 Kentuck- interfere with the business of a local Chiefs comes to an end this August. ians who suffer from diabetes. jurisdiction. It is a well-earned rest after serving This disease kills more Americans I must say that I think that H.R. 7 7 years and traveling across the State each year than breast cancer and AIDS and H.R. 1797 I will discuss shortly do of North Carolina and the United combined and costs our Nation more point to the bankruptcy of the Repub- States in representing more than 1,500 than $200 billion in health care ex- lican agenda in the 113th Congress es- fire chiefs and 45,000 firefighters in penses each year. Tragically, every 17 sentially does what is done anyway North Carolina. seconds, someone is diagnosed with di- every year with respect to abortion. It Chief Briscoe has been the fire chief abetes, and current estimates project hasn’t come to the floor yet. for the city of Lenoir since 2004 and has that, by 2050, as many as one in three worked in the fire service for over 35 Americans will suffer from diabetes. b 1350 years. During that time, his main focus We cannot sit idly by and accept the It hasn’t come to the floor yet, and has been improving the training and likelihood of this bleak future. Diabe- indeed very few bills have come to the

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.060 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2753 floor. Sometimes the House has a rule other to permanently disallow local bearing age, every such family in the one day and the bill the next day when funds to be used to fund abortions for District of Columbia. there was plenty of time on both days poor women in the District. On both of The bill goes further. It criminalizes because the Republican House doesn’t those bills, I was denied the right and abortion by making a physician subject have any agenda and it has to stretch the courtesy of testifying, although to imprisonment for up to 2 years for out what few bills it has to make it traditionally granted to Members, even abiding by Roe v. Wade and engaging in look like there’s something that the though bills don’t usually involve only an abortion. House is doing. That’s how the House is one jurisdiction. Then the bill has a truly bizarre sec- doing its business. This bill is of great concern not only tion which gives new meaning to the Now the House is into my business, to me, but there’s going to be a press word ‘‘extreme.’’ It allows any current however, when it deals with the dis- conference next week indicating that or former health provider, who has ever trict I represent, a district of 600,000 the bill is viewed by women all over treated a woman—and it doesn’t say American citizens who you can bet the United States as, of course, a vehi- when that provider might have treated your life are going to demand and al- cle to eliminate the reproductive a woman, perhaps as a child, because it ways demand to be treated as full rights of women across the country. has no limit—but allows any former American citizens because that is ex- The bill is fatally flawed in several ob- health provider to obtain an injunction actly who we are. We will never accept vious ways. against the abortion. The right to pri- overriding our rights—our local rights First, there is discriminatory treat- vacy, among others is absent. ment of the District of Columbia to its and our constitutional rights—in order b 1400 to satisfy the agenda of this Member of residents by banning abortions after 20 Congress or that Member of Congress weeks only in the District of Columbia, This is a new low in extreme provi- who is making a point for special inter- as I’ve indicated. If barring abortion is sions that we have seen in the Congress est groups or for others. a principle, it’s a principle that as a from my Republican colleagues. The The bill that I want to primarily dis- matter of principle, would apply na- very idea of even introducing a bill cuss, H.R. 1797, goes beyond the usual tionwide. But it’s not applied nation- that would deny the constitutional way in which the Congress—or at least wide in H.R. 1797 because the District rights of only one jurisdiction is an the Republican Congress—seeks to is the one jurisdiction over which Con- outrage in and of itself. Sure, bills are interfere with the rights of the people gress has a modicum of control. Until introduced on this floor all the time of the District of Columbia. What they the District becomes a State, the Con- that are, on their face, unconstitu- do generally is to take advantage of gress can step in. But, of course, the tional, but it is bullying to pick out the fact that the district’s own local Home Rule Act contemplates that in one jurisdiction because you don’t have taxpayer-raised funds have to come our democracy Congress would never the courage to come forward with a na- here essentially to be checked off and step in, unless there was an abuse of tional law, a national bill. By no signed off, and Congress don’t ever look Federal authority by the District of means, however, do we believe a na- at the budget. How could they? They Columbia. This would be, on the con- tional bill is appropriate. don’t know anything about a local ju- trary, an abuse of Federal power by the This bill has also been introduced on risdiction’s budget. But they do use the Congress of the United States were this the other side by Senator MIKE LEE of local budget to attach their own ideo- bill to pass. Utah. Apparently someone asked him if logical stripes, and the usual one has The bill discriminates against the there is a 20-week abortion bill in Utah to do with abortion. District by picking out the District or if Congress might introduce one for H.R. 1797 uses the District of Colum- among all the districts in the United Utah. He was quick to say, no, they bia in yet a new way with a new abuse States for unequal treatment. H.R. 1797 don’t have such a bill in Utah, and he because it goes beyond the low-income violates unabashedly Roe v. Wade, would oppose it if the Congress tried to women for whom the district cannot which allows abortion until viability as enact one that applied to Utah. He spend its own local funds. Instead, H.R. determined by a physician. Roe and all would be for only if Utah itself enacted 1797 goes after every woman in the Dis- of its cases, all of the precedents that the bill. So here we have a Tea Party trict of Columbia because that bill es- follow it, make it clear that viability Republican in the Senate who applies sentially would make all abortions in cannot be determined by statute. his Tea Party principles against federal the District of Columbia after 20 weeks Roe v. Wade, 40 years ago, guaran- intervention except when it comes to illegal. teed the right of an abortion as a con- the District of Columbia. Don’t talk about the obvious constitutional right. So you can expect Anybody who thinks that we’re going stitutional issue. I’ll get to that in a that this is a matter that would be ul- to stand here and let that happen with- minute. timately challenged. But the reason out, in fact, protesting it and rallying H.R. 1797 seeks to regulate pregnancy that the District is the vehicle used Americans who believe in fairness do and abortion—a local matter—with re- here is that the special interests obvi- not know us very well. We refuse to be spect to only one jurisdiction, and it’s ously want a Federal imprimatur and a vehicle for the extreme views or pet a matter that usually involves a mat- don’t have the guts to go get it by projects of some Republicans. They ter of principle. People who are ‘‘pro- bringing a bill to the House floor that have their own outlets. They have the life,’’ as they call themselves, have my would apply to everybody. So they right to come to this floor and offer respect, but this circumstance is the choose the bullying way, the easy way. bills. They have the right to speak on only example where I have seen them You have a Federal imprimatur, if you this floor in any way they choose. We try to apply the principle only to one can get the Congress to vote with re- will not be a prop for those views. jurisdiction, leaving everybody else in spect to one jurisdiction because the The Republicans are the supposedly the United States exempt from the so- Congress is Federal. Of course, the bill small government Tea Party party who called ‘‘principle.’’ If abortion should violates the Home Rule Act itself be- are now using the big foot Federal Gov- be denied after 20 weeks, as a matter of cause while the Home Rule Act ac- ernment against a single jurisdiction principle, then surely that principle knowledges the ultimate jurisdiction that doesn’t have a vote on this floor, should apply throughout the United of the Congress, it clearly, in its terms, that could not vote for or against H.R. States. There’s a reason why it doesn’t, contemplates that the legislative 1797 if it came to this floor. What kind and I will get to that. power will go to the Council of the Dis- of courage is that? It’s a bully’s path to First, I want to thank Chairman trict of Columbia. There is no prin- making ideological points. If you have TRENT FRANKS for permitting me the cipled reason here to violate the local an ideological point, make it; don’t use courtesy of testifying next Thursday at jurisdiction’s local authority. my district to do so. the hearing of H.R. 1797 that affects Here we have gone from the usual at- The extreme right-wing of the Repub- only my district. He had two bills last tack on low-income women by denying lican Party doesn’t even want the Fed- year. This bill is a redux of the same the city its authority to spend its own eral Government in what the Federal bill that came to the floor and was de- taxpayer-raised funds as it sees fit, to Government has always done, but now feated last year, and he also had an- an attack on every woman of child- they’ve got the Federal Government in

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.085 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2754 CONGRESSIONAL RECORD — HOUSE May 17, 2013 something that even they say the Fed- mean to do for this bill what we did ever the Congress does, that it ask eral Government should never be last year—to turn it back, to make itself when it deals with the District of doing—interfering with the local rights women all over the country understand Columbia, is the action consistent with of people to govern themselves locally. it for what it is, just as they did last the principles that you profess on this This is a country in which there are year, to see that the only way to resist floor time and again? wide differences on many subjects, per- these attacks is to be as persistent as I ask reconsideration of any such at- haps none more so than the right to re- our opponents are in coming back to tempts in the future. There is no pos- productive choice, but it is also a coun- attack women using the women of the sible way that any self-respecting ju- try that respects one another in the District of Columbia. risdiction would accept discriminatory various States and localities where we The women of my district are the treatment. live and do not try to reach over and chosen vehicle, but the targets are a And so, Mr. Speaker, I put the Con- somehow compel people in one jurisdic- national campaign against the repro- gress on notice, we will never—we do tion to do as people in another jurisdic- ductive rights of women in the Nation. not accept the discriminatory treat- tion do. That’s the difference between They can’t come to the floor, or they ment in the Franks bill, H.R. 1797 or in this country, a Federal republic, and won’t, with a broadside attack on the the bill that I discussed previously, other countries, and it is a principle we reproductive rights of women. So they H.R. 7, to bar abortions in Federal leg- mean to hold this Congress to. do the cowardly thing and come islation permanently, which somehow There is the claim that, well, the Dis- against the District of Columbia be- tucks the District into a bill on federal trict doesn’t do enough restricting of cause of the technical jurisdiction funds. abortion, so that’s why we simply have that, of course I can see the Congress We do not accept and never will ac- to step in here. On the contrary, there cept second-class treatment by the are nine States that do not restrict has, but no principled Congress would Congress of the United States. We will abortions any more than the District ever use its federal power against a always protest it, and we will always does, and the District abides by Roe v. local jurisdiction. find a way to find the solid ground that Wade. Yet this bill is directed against b 1410 American citizens must stand on to only one jurisdiction. Of course I take Therefore I come to the floor this protect their rights. exception to the bill itself, but I take afternoon to put all on notice that you I yield back the balance of my time. particular exception against being can come as many times as you want f bullied by people outside my jurisdic- and as many ways as you want, but I tion in order to satisfy their own per- represent 600,000 taxpaying Americans, REFLECTIONS ON ABORTION AND sonal philosophical concerns. and they insist that they are equal to THE DISTRICT OF COLUMBIA I can tell you this much: the notion Americans everywhere else. The SPEAKER pro tempore. Under that you can use the District and abuse For 100 years they did not have any the Speaker’s announced policy of Jan- its women on reproductive choice and rights. They didn’t have the right to uary 3, 2013, the gentleman from Iowa nobody else will care should have been vote for President. They didn’t have (Mr. KING) is recognized for 60 minutes put to rest last year. The kickoff of the the right for a local government. For as the designee of the majority leader. Republican attack on reproductive 100 years they were ruled by three com- Mr. KING of Iowa. Mr. Speaker, it’s rights was, in fact, this bill which went missioners appointed by the President. my privilege to be recognized to ad- to the floor and failed, but Republicans During the civil rights era, the Con- dress you here on the floor of the didn’t stop there. Going back to abor- gress became ashamed of having a local House of Representatives. tion was not enough. They went all the jurisdiction that was its Nation’s Cap- And listening to the gentlelady from way back to contraception and, amaz- ital, that did not have the same rights the District of Columbia, of course, a ingly, made contraception a campaign as other people in the United States, different opinion comes to mind, and issue in the last election. Well, I hope not even a local government, a mayor that would be that, regardless of the they have learned their lesson, because or a city council who could enact legis- women put all of this together and discussion about the supposed anti- showed what they thought about it in lation affecting the local population, choice bill here, I didn’t hear much dis- the Presidential election. although this population had been pay- cussion about ‘‘Dr.’’ and I put that in I am very grateful to women all over ing Federal income taxes ever since quotes, ‘‘Kermit Gosnell,’’ who has the country for how they responded our country has been collecting income been convicted of murdering babies specifically to this very bill, this 20- taxes. And our residents have fought while they’re struggling after they’re week abortion bill that applied only to and died in every war our country has born, while they’re squirming, while the District of Columbia. They were ever fought, including the war that cre- they’re gurgling, while they’re crying not fooled for a moment. Women across ated the United States of America. and ‘‘snipping the necks of babies.’’ the United States wrote thousands of American citizens in a jurisdiction as At least the jury has concluded that emails and letters indicating that they old and historic as the Nation’s Capital that is murder, and now it’s come down understood this bill, the very same bill is, will not have our citizenship rights to this point where society needs to that was defeated last year, to be a ve- taken away lightly, and we will not be ask the question, what’s the difference hicle for inroads into the reproductive used and abused by Members of this between that baby that’s born because rights of women across the United Congress, whatever their party. he induced early labor to bring that States. Far from ignoring it because, Our Union is not perfect, but it baby into the fresh air, what’s the dif- after all, it was only 600,000 D.C. resi- strives to be. It can become perfect ference between that baby and the dents. The women may live in Cali- only when it hears about its imperfec- same baby or maybe a twin that’s 12 fornia or Wyoming—we saw them writ- tions. There is no imperfection greater inches away? ing from their States in large numbers, than having Members of Congress focus And I would say there’s no distinc- making it clear that they saw it for on one jurisdiction that does not have tion from a moral perspective. That what it was, that special interest the same ability to defend itself as little innocent baby is alive, a unique groups were going from State to State every other jurisdiction. human life that needs to be protected to pass anti-choice bills. They begin at It is hard enough to see Members of in all of its forms. And that’s the argu- personhood where there is absolutely Congress come down and vote on the ment that’s going on here. no right to abortion or contraception District’s local appropriation, which You’ll not hear people on the other because, in their view, life begins at they had nothing to do with collecting, side of this argument bring up the bru- conception. And then some have 6-week but which is still a part of what is al- tal and bloody and ghoulish and ghast- bills and there are other 20-week bills. lowed in the Congress. But it is dis- ly Gosnell, but you will hear the argu- They are all over the map. And by the graceful to see one issue picked out and ment about choice because that sani- way, they are quite divided because one jurisdiction alone targeted. tizes this argument, and it tends to they are all over the map. If you feel strongly about your issue, scrub the image out of our minds that They have settled on 20-week abor- step up and air your issue in the way we get when we think of that cruel tion, however, for H.R. 1797, and we this House allows. And I ask that what- Gosnell, who has now plea-bargained

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.086 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2755 himself into life in the penitentiary Now, that was news to me. I hadn’t policies to address climate change. So without the possibility of parole in an considered the idea that if the climate that’s a little bit for our levity, Mr. effort to avoid the death penalty. is changing—they think they know Speaker. My constituents sometimes But think of this, Mr. Speaker. He why but they dare not have that debate wonder why I come back from this executed, we don’t know how many ba- any longer because the data was fraud- town, and I have a little bit of trouble bies, hundreds, perhaps thousands of ulent—but now they’re suggesting that engaging in a debate and rebutting babies, many of them struggling for the Earth is getting warmer, that it is some of the things that come at me, life. We don’t know how many. man’s fault, and it’s women that are I’m going to ask for a little help from He did that, he gets to spend the rest disparately impacted by it. I hadn’t around the countryside on how to actu- of his life, three squares a day in a cell seen such a theory, Mr. Speaker. ally rebut this argument. It’s news to with exercise time and reading mate- And it goes on to say ‘‘whereas.’’ It me. I appreciate your attention, Mr. rial, and that’s supposedly justice in has a whole series of whereases, as we Speaker. this society. know in a resolution. ILLEGAL IMMIGRATION And the gentlelady from the District Whereas, women in the United States are Mr. KING of Iowa. I came to this of Columbia talks about not having the the linchpin of families. floor, however, to address the situation right to vote, not having the voice of I agree that women are the linchpins of immigration and particularly illegal representation. There is a constitu- of families, and it would be better if we immigration. tional foundation for that, and the had more men who were playing a more The first thing is that the people early people that put this Constitution significant role. I don’t think that is that have advocated for open borders together wrote in the original docu- the position of the authors of this reso- have, for years now, worked to conflate ment how to establish the District of lution. But it goes to say: the two terms ‘‘immigration’’ and ‘‘il- Columbia. Part of it was formed out of legal immigration.’’ They did that, by Maryland; part was formed out of Vir- Whereas, climate change contributes to the workload and stress on women farmers. the way, if you remember, with ginia. And if it’s their determination that They suggest that women produce 80 ‘‘health care’’ and ‘‘health insurance.’’ they want to be part of that senatorial percent of the food in the developing When they conflated those two terms, representation, then we just simply countries. Maybe. That would be a sur- what they did was they blurred the draw a circle around this Federal com- prise to me. It says: topic so they can say, anti-immigrant plex, and the balance of that can revert Whereas, women will be disproportionately Congressman—I don’t want to use a back to either Maryland or Virginia, facing harmful impacts for climate change. last name because I can’t think of one, and there’s your representation. Different from men, for example? we don’t have any in these 435—X, Y or But I would make a point about rep- Whereas, epidemics such as malaria are ex- Z, ‘‘anti-immigrant’’ when they really resentation that is far more important pected to worsen and spread due to vari- mean someone who upholds the rule of than the dialogue that the gentlelady ations in climate, putting women at risk. law. from the District has brought out with- Malaria discriminates on the basis of We have them from many of the in this last half hour or so, and that’s gender, Mr. Speaker? That also is news States, but not from every State. We this point, that if those babies that to me. have one who has stood up and de- have been aborted since Roe v. Wade, if As I read down through this resolu- fended the rule of law since well before they had choice, rather than the moth- tion, the resolution on the disparate he arrived in this Congress, and he ers having choice, if they had a vote, if impact of climate change on women, hails from the State of South Carolina. they had representation, if they could this is the one that caught my atten- He happens to be the lead deadeye in magically come alive today, 53 million tion above all others, Mr. Speaker. I’ll the entire United States Congress, the of them, and if they had the right to quote from the resolution: man who brought the shooting trophy vote, and all of the districts across Whereas, food-insecure women with lim- home again to the House of Represent- America where those babies have been ited socioeconomic resources may be vulner- atives Republicans, and a man whom I aborted, we would have, by now, easily able to situations such as sex work, trans- have known since he was one of a group seen the end of Roe v. Wade, and this actional sex and early marriage that put of about seven who ran in the primary debate would not be taking place. them at risk for HIV, STIs, unplanned preg- in South Carolina for his congressional nancy and poor reproductive health. seat. b 1420 Climate change, Mr. Speaker? Who I’d like to yield to the gentleman This society would have a full respect would have thought? Who would have from South Carolina (Mr. DUNCAN). and an appreciation and a reverence for thought that that temperature change, Mr. DUNCAN of South Carolina. I innocent, unborn human life if those perhaps the humidity change, was want to thank the gentleman from voices of the silenced could be heard in going to bring about this kind of Iowa for his comments and his dedica- a vote. That’s the contradiction that is Earth-shaking discrimination on peo- tion to immigration reform in this the undercurrent of this discussion ple based upon gender, or more tech- country. that’s been presented to us, Mr. Speak- nically, sex, Mr. Speaker? When I was running for Congress, I er. I’ll go on: remember Congressman KING coming CLIMATE CHANGE Whereas, women in the United States are to South Carolina and attending some Mr. KING of Iowa. I have a couple of also particularly affected by climate-related of my events where we talked about random things to clean up on before I disasters such as Hurricane Katrina. immigration and we talked about the get to the topic that I came here to dis- I went down there. I made four trips border. So I applaud the gentleman for cuss. But I can’t resist bringing up a down to Hurricane Katrina, and men his past work on that. I look forward to resolution that emerged in my atten- and women were both affected, chil- continuing our efforts. tion today, H. Con. Res. 36. It’s a con- dren, too. I didn’t ask them what their The past 2 weeks, the discussion in current resolution. It is introduced by orientation was. I took it as when Washington has been about trust. It’s Representative LEE of California, and weather strikes, when a hurricane been about trust, whether we’re talk- it is for herself, Mr. ELLISON, Mrs. strikes, it universally affects everyone ing about the false and misleading CAPPS, Mr. JOHNSON, Mrs. in the zone without regard to race, sex, talking points that were used by the CHRISTENSEN, Mr. GRIJALVA, Mr. creed, color, national origin or what- administration in Benghazi, the wire- HONDA, Mr. ISRAEL, Mrs. CAROLYN ever your ethnicity might be. When a tapping of reporters, specifically the MALONEY, Ms. MCCOLLUM, Ms. SCHA- hurricane hits, it hits everybody. AP, by the Justice Department or the KOWSKY and Ms. SPEIER. These are the Here is another whereas: IRS illegally targeting conservative names of the original cosponsors. This Despite a unique capacity and knowledge groups, and the public trust in our gov- resolution catches my attention, Mr. to promote and provide for adaptation to cli- ernment is rightfully at an all-time Speaker. It says this: mate change, women are disparately im- low. Recognizing the disparate impact of cli- pacted. So when we’re debating immigration mate change on women and the efforts of They encourage the use of gender- reform, obviously trust is the number women globally to address climate change. sensitive frameworks in developing one issue on people’s minds because

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.062 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2756 CONGRESSIONAL RECORD — HOUSE May 17, 2013 they know that the government often knows when you leave that country if down that they were going to be stay- promises to do things but never follows you’re there as an immigrant or you’re ing at, at that place of business that through. And that is the case when there as a tourist. Other countries do, they were granted a work visa to come we’re talking about immigration. as well. here to work at. We need to pay them We’re talking about the laws that are Currently over half or almost half of a visit. That’s low-hanging fruit. already on the books that I’ll talk all our illegal aliens in this country We don’t have to chase footprints in about in just a few minutes. But people came here legally. And we’re not doing the desert. We know who these people have made it very, very clear, Ameri- enough about it. We’re not enforcing are. They didn’t just come across the cans have made it very clear that they the laws that are on the books, and border on their own. We know who they want two main things. They want us to that doesn’t do anything to build what are. So that builds trust. secure our border—primarily we’re I talked about in the beginning, and I ask people, Mr. KING, around my talking about our southern borders that is the people’s trust. district, what does a secure border where the issue seems to be at hand really look like? They struggle with b 1430 today—but they want our borders se- that definition of a secure border, what cured, and they don’t want amnesty. And then you throw in the fact that that truly looks like in their mind’s They don’t want to give away citi- the Immigration and Customs Enforce- eye. I do as well. But the first thing I zenship rights to folks who have bro- ment—ICE, we call it—they just re- think of is concrete, steel, and barbed ken the laws to come here because leased thousands of detainees, people wire, a fully secured border where we what happens is you water down what that they had detained for immigration control who comes across. We control it means to be a United States citizen violation. They just opened the door it through natural ports of entry. when you just carte blanche give those and let them go, many of whom had But I realize—I’ve been to the border. citizenship rights away to folks that criminal records. This was a pre-re- I realize that’s not feasible. Concrete, are lawbreakers, that have broken the sponse to the sequester. steel, and barbed wire doesn’t work in law to come here, regardless of how Before the sequester actually kicked a lot of the mountainous areas in Ari- honorable and well intentioned their in, across-the-board budget cuts, our zona. I get that. But a lot more con- reasons for coming here are. They still immigration enforcement officials de- crete, steel, and barbed wire, a lot broke the sovereign laws of the United cided, You know what? We’re going to more fencing, vehicle barriers, or what- States of America by crossing that bor- go ahead and apply sequester because not, that will basically push the bad der without permission and without we don’t want to do our jobs. We don’t guys, the folks, the smugglers and oth- legal immigration paperwork. They want to detain these people. We’re ers who want to come into this coun- have broken the United States law. going to open the doggone jail cells and try, into corridors. We can more ac- What’s interesting is that currently we’re going to let them go. Take that, tively enforce those corridors to appre- almost half the people in the United guys in Congress. We’re doing the se- hend those people when they do cross States who are here illegally didn’t quester the way we want to do it. And our border illegally. That works. walk across a southern border or they they let these people go, many of Congress believed it worked in 2006, didn’t walk across a northern border. whom, Americans, have criminal because in 2006 we passed the Secure They came here legally. They applied records, and they’re on the streets now. Fence Act. We already have a law on in their host country, their home coun- That doesn’t do anything to build the the books that decides that we’re going try, at a United States consulate or a people’s trust, not a thing. We’re talk- to build a secure fence on our southern United States embassy, and they asked ing about trust. border. 2006. It’s 2013. Seven years ago, permission to come to the United We’ve got to secure our border. We’ve we decided we were going to secure our States either as a tourist here on vaca- got to enforce the current immigration border. What have we done about it? tion, or they asked to come here to at- laws that we have. We don’t need some We’ve got several hundred miles of tend one of our fine universities in this comprehensive immigration reform fencing out of a several-thousand-mile country under an F–1 student visa, or package. We already have the laws on border. We need to build more fencing. they came here on some sort of work the books that deal with immigration And I realize, before the American peo- visa. They probably flew into this issues in this country, and we are not ple, that fencing isn’t an answer, but country through an airport or got off a enforcing those. So why are we going fencing is a great start. So let’s do ship. to create a whole other set of laws and that. We know something about them. then fail also to enforce those? If our Then we need commonsense reform America, these visa overstays, people government can’t first prove that our to our current immigration system. I that came here legally, they had those legal immigration system works and talk to farmers in my district who are interviews, we know who they are, we that they can enforce the laws that are concerned about the comprehensive have their name, we have what they currently on the books, then why in immigration reform package that were coming here to do, and usually we the world would we believe that adding we’re working on. In fact, the farmers have a last known address for that per- more stress to the system will improve in my district work with farmers all son. Folks, this is low-hanging fruit. things? over this country to deal with the And if we’re going to talk about ad- I think visa overstays are low-hang- guest worker program for agriculture, dressing illegal immigration in this ing fruit in the immigration debate. and they were able to get the American country, we ought to first address the It’s the canary in the coal mine. If we Farm Bureau and some of the other visa overstays. We ought to first ad- can’t trust the Federal Government to farmers to finally agree on some lan- dress, America, the folks that came in enforce those existing laws of a list of guage. I’m all for that. this country legally, they asked per- people whom we know a lot about, then I think we need to expand the legal mission to come here, and we granted how do we expect the government to do guest worker programs for this coun- them that permission. And then they what we’re talking about government try—that’s my personal opinion—to just decided—and I understand their having to do in the new immigration provide legal workers to the necessary deciding because this is a great coun- bill? industry, whether it’s agriculture or try—but they just decided they liked it So I talked about entry/exit. We need others. I’m going to focus on agri- so much they decided to stay. to fix that. You need to be aware, culture because that’s what’s on my How do we know that? Well, we real- America, that we need to know when mind today. But a legal immigration ly don’t know that they either have or people come here illegally and we need system that provides the workers— have not left the country because this to know when they leave our country. whether it’s H–2A or H–2B—some sort Nation has a failed exit system. We When they don’t leave our country in of new program that increases the have an entry system where we know that allotted time that they’re allowed number of legal workers that come when they come into this country from to come in, we grant them permission, here, and we get biometric data, we get another country under a visa where we then we need to go knock on their door a thumbprint from them, and it’s not granted them permission, but we really at their last known address—at that transferable. That paperwork is solid don’t know when they leave. Japan university, at that hotel that they put for that individual. You have some sort

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.064 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2757 of tie-in with the employer so the em- but they were a couple of pretty big ern, and Asian. And I said, you’re kid- ployer has some ownership, so to times? This one, I think that he was in- ding me? He said, No. He said, Con- speak, of that record, that they asked fluenced by the people who surrounded gressman, we have apprehended folks for that employee, that employee is him and, out of a sense of decency and that were Middle Eastern that didn’t gainfully working with them. And compassion, signed the 1986 Amnesty speak Spanish or English, that spoke when that employee decides to go to Act, all the while knowing it was going Farsi—Africans or Orientals or Asians work for somebody else, that employer to erode the rule of law but judging that were here that have come across. notifies the government, Hey, he’s not that of all of the commitments that And it took me aback, because I working for me anymore, but he did go were made that there would be enforce- started to think, well, I know that the work for XYZ company. XYZ company ment, that the trade-off was worth it. I Latin Americans, the Hispanics that says, Yes, he’s a worker in my facility. remember him saying that to us. I re- are coming, are generally coming for Let’s continue that. These are com- member Ronald Reagan being honest work to provide for their families. I’ve monsense approaches that we need to with the American people, and he been to Guatemala; I’ve been to Mex- talk about in this country before we called it the Amnesty Act. He didn’t ico. I understand that desire to come to grant amnesty, before we grant citizen- call it the Comprehensive Reform Act. America and chase that American ship rights to folks who broke our He called it ‘‘amnesty’’ because that’s Dream that I’m living today and try to laws. what it was. make a reality and future for your And that word ‘‘amnesty,’’ Mr. KING, Now, I appreciate the definition of children. But these were people other is thrown around way too much up the gentleman from South Carolina. I than that. here, and it gets watered down in the hadn’t heard that definition before: all And so being on the Homeland Secu- eyes of the Americans. But what it the rights embodied in the Constitu- rity Committee and Foreign Affairs means, it means that everything that tion, granting all of those rights to Committee, I’m concerned that we’ve you’re granted in the United States someone who is here illegally would be got others coming here from those Constitution as a citizen of this coun- amnesty. parts of the world—Africa, the Middle try, what it means to be an American I’ve defined it this way. It’s not a East, and Asia. What are they coming citizen, gets watered down when we contradictory definition. It’s a defini- here for? give those citizenship rights away to tion that I have long used. To grant And I’m reminded that Iran and its people who broke our laws coming amnesty is to pardon immigration special Revolutionary Guard Quds here. That’s what it means. We need to lawbreakers and reward them with the Force hatched a plan to deal with the remember that in this debate about im- objective of their crime. It’s a pardon drug cartels to help them assist them migration reform that, No amnesty, and a reward. And I don’t know why to come across our southern border guys, no amnesty; and then let’s ap- they came here, necessarily. We don’t into this country into this very town proach a secure border. know. They might have come for a to assassinate the Ambassador from Let’s talk about the low-hanging job—many did. Some came to trade in Saudi Arabia at a restaurant in Wash- fruit of the illegals that are here that contraband; some came to live with ington. They were trying to utilize we granted them permission. Let’s deal their families and not to work. But the connections with the drug cartel in with those issues. That’s half the prob- presence in the United States that’s Mexico to come across our poor south- lem right off the bat. We stem the flow unlawful becomes lawful with amnesty, ern border. of others coming here so we’re not add- and the path to the reason they came And so when I hear that we’ve got Af- ing to those numbers, and then that here is opened. They didn’t all come to ricans or Middle Easterners or Asians other 50 percent that aren’t visa hold- be citizens and they didn’t all come for coming into this country, I have to re- ers we can start dealing with at that a job. 42.5 percent of them are working member as an American, under- point in time. These are simple things, in America today, not 100 percent. standing the homeland security nature, Mr. KING, that we have got to deal That’s a little better than five out of 12 I have to wonder what they’re coming with. that are actually working. for. And I also wonder if we had a truly Every time we’ve granted amnesty in We should also remember that 80 to secure border, would we be seeing that. the past, we’ve regretted it as a Na- 90 percent, according to the Drug En- So I thank the gentleman for men- tion. We’ve regretted it. We’ve truly re- forcement Agency, 80 to 90 percent of tioning that other than Mexicans, oth- gretted it because we’ve failed to truly the illegal drugs consumed in America ers that are coming or may be coming secure our borders. We’ve failed to come from or through Mexico. Mexico into this country. I believe they are truly reform the system. And every doesn’t produce them all, but 80 to 90 coming into this country. What are amnesty that’s happened before—re- percent flow from or through Mexico. they coming for? We need to ask our- warding lawlessness and those who selves that question. break the laws—has only encouraged b 1440 Mr. KING of Iowa. Reclaiming my more lawlessness and more illegal im- That’s a huge number, and the price time, I appreciate the gentleman from migration. It’s time to stop that cycle. for that is in the tens of billions of dol- South Carolina bringing this up. I, too, Mr. KING of Iowa. Reclaiming my lars to this society. have spent a respectable amount of time, I appreciate the gentleman from I yield to the gentleman. time on the border. I’ve gone down South Carolina coming here and deliv- Mr. DUNCAN of South Carolina. You there and sat at night next to the bor- ering a perspective on the rule of law mentioned the folks that are coming der fence—no lights, no night-vision that we need so badly. from Mexico. I was recently down at goggles—just listening to the sounds of I am a bit flabbergasted by the lack the King Ranch in Texas, which is east- the fence creaking, listening to the ve- of the ability to reason by some of my ern Texas—830 acres, a larger ranch hicles coming in through the mesquite, colleagues, and that’s on both sides of than the whole State of Rhode Island. the doors open, the doors close, the the aisle. It seems a little more ration- They own their own security force, Mr. packs get dropped on the ground, they al on the other side of the aisle—I’ll KING. I was talking with the security pick them up, they whisper, they come say, in fact, a lot more rational be- force about the illegals that are com- back across the desert, and come cause there’s a huge political gain on ing into this country that travel. They through the fence. You can put your their side. On our side of the aisle, two traverse the King Ranch. ear down on the steel post and it trans- plus two doesn’t seem to add up to four One thing he said, a term that he mits that sound. As they flow through, for them. They come up with some used, was OTM. I had to ask him what you understand that the flow across number like 3.0, which would be Teddy that was. And he said, Other than this border isn’t just where I’m sitting Kennedy’s amnesty bill 3.0. We had the Mexicans. And I said, Well, I thought that night, but it’s in many locations ’86 Amnesty Act, which was amnesty that was a little bit harsh. And he said, across the border. 1.0, and that was Teddy Kennedy in- Well, what that means is they’re not We had testimony before the Immi- volved in that, too. Mexican, they’re not Honduran, they’re gration Subcommittee from the Border Ronald Reagan let me down in 1986. not Nicaraguan, they’re not Guate- Patrol where they said they thought He only let me down twice in 8 years, malan. They are African, Middle East- they, perhaps, interdicted 25 percent of

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.065 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2758 CONGRESSIONAL RECORD — HOUSE May 17, 2013 those that attempted to cross the bor- could live legally. Because at least one we get are directly proportional to the der—25 percent. And if you look at link in every illegal drug distribution will of the Chief Executive Officer to those numbers they had interdicted chain in America is a link from some- enforce the law. And we’re spending at that year, the number was equivalent one that’s unlawfully present in the least $6 million a mile on our southern to—if you do their formula—11,000 peo- United States, is an illegal alien, and border—$6 million on 2,000 miles. ple a night. That meant 4 million peo- likely a criminal alien. At least one Now, I’m going to boil this down so it ple a year that were coming across our link. In many cases, it’s every link. gets a little more simple for some of southern border; 11,000 a night, Mr. The Mexican drug cartels control the the Members in this Congress, because Speaker. illegal drug distribution in all of our the scope of that is beyond their imagi- So I asked that question of one of my major cities in America, also most all nation. How do you build a 2,000-mile friends from Texas. He happens to be of our minor cities in America. When I fence? And, again, I didn’t say we need- on the Judiciary Committee and is a see the number of those cities, it’s so ed to do that. We build it until they member of the Immigration Sub- appalling. The scope of it is so broad stop going around the end. ED OE that I’m reluctant to say so into the committee—Congressman T P of b 1450 Texas. He always pays attention to public record because it seems beyond what went on with Santa Anna and the reality when you think back 20 years I remind them that the Great Wall of Battle of the Alamo. He can quote to when it was localized within some of China was finished, connected to- you Colonel Travis’ letter. the cities in the South and South- gether, in about 245 B.C. It’s 5,500 miles I asked him, What was the size of west—mostly Southwest—and now it’s long, and it’s wide at the top, and they Santa Anna’s army when they invaded pervasive across the entire country. march armies down the top of that Texas? And he said 5,000 to 6,000. Now, They’ve taken over the illegal drug dis- Great Wall of China. So, if they could think of that, Mr. Speaker. Twice the tribution in America, and at the cost of accomplish that in 245 B.C., we can ac- size of Santa Anna’s army—11,000 peo- tens of thousands of lives in Mexico, at complish a much smaller endeavor ple a night, every night. Now, that’s at the cost of many lives here in the here, with a much simpler structure the peak. Probably it’s half that by United States. A high price for that. with some modern technology with it, now, more likely now, although it’s in- As the gentleman from South Caro- and in an efficient way. We did the creased over the last few months since lina says, fences are not the only an- Manhattan Project in a short period of we’ve had this dialogue on immigration swer, but they’re a great start. And I time. You can’t convince me we cannot that’s going on and those border cross- have long said that we should build on build a barrier on the southern border ings are up dramatically. But during the southern border a fence, a wall, and that’s effective and $6 million a mile. the lull, we still had the equivalent of a fence so that we can have a couple of Here is the equation. Santa Anna’s army come across our zones in between them that are no I live out in the countryside, and southern border every night. man’s land in an area where the Border there is a mile of gravel going in four We’re not alarmed by that, when 80 Patrol can respond when a fence is directions from the corner I live on. to 90 percent of the illegal drugs con- breached and be there to interdict so Now, if I just take one of those miles— sumed in America come from or that we can assure people: don’t bother and I would think that Janet Napoli- through Mexico? And all of the pain to try, we’re going to be there to en- tano would assign me to provide the se- and the price and the heartache that force the law. curity for that mile and pay me $6 mil- comes from that? No, it’s not all the That’s what a smart and sane coun- lion to guard that mile for a year. fault of the people that are south of try would do. And I’m not suggesting, What a lucrative contract that would here. We have an illegal drug consump- Mr. Speaker, that we need to build be, wouldn’t it? Now it’s a 10-year con- tion and demand in this country that is 2,000 miles of fence, although there’s tract, so it’s a $60 million contract to a magnet for those illegal drugs, and 1,960 miles of double fencing to go. I’m guard 1 mile of gravel road in Iowa. that’s something for this society and just suggesting that we build a fence, a There is more population along that our culture to address. wall and a fence—a triple fence—with gravel road—and there isn’t much— I don’t deny that, Mr. Speaker. In two no man’s land zones, and build it than there is along much of the south- fact, when I go to Mexico to have my until they stop going around the end. ern border. So the pressure on that dialogue with the Mexican members of As the gentleman from South Carolina might be in proportion to the urgency their Congress, I just start out the dia- suggested, some of it’s a little moun- that people wanted to get across. logue with that, because otherwise tainous, some of it’s a little rocky, and I, myself, wouldn’t hire even more they’re going to remind me that Amer- so you would build a fence where it’s boots on the ground. I would take some ica’s demand for drugs has brought practical. And if they climb the moun- of that $6 million a mile. I’d start out, about a lot of violence on both sides of tain—I’ll tell you that it’s not impos- maybe, in the first year by taking $2 the border, particularly the southern sible to build a fence on a mountain- million of the $6 million and I’d build side of the border. side either. We can build it on a myself a wall. Then maybe the next The numbers of fatalities in this drug vertical face if we need to. I don’t know year I’d take another 11⁄2 or so million war and Mexico over the last 6 or 7 if we can build it quite upside down if and I’d build a couple of fences, one on years number 50,000 to 70,000 people we need to, but I don’t think it calls either side of that wall. Then I’d put a killed in that. That’s a tremendous for that. I spent my life in the con- little bit of technology on top, and amount of carnage. And it does include struction business, and we spent our after about 2 to 3 years, even just in those victims of the Fast and Furious life moving dirt and building fence and tightening down my budget for my fiasco that we still haven’t put entirely setting up structural concrete and manpower, my boots on the ground— to bed, Mr. Speaker. doing underground utilities and many because you’re always going to need But the price for open borders is other things. some guards there and some Humvees high. It’s high in blood, it’s high in At one point, I came to the floor and and some retirement and benefits treasure, it’s high in the value to our designed and demonstrated really the packages to go along with that and families and our society. And Drug En- simplicity of building the kind of bar- uniform costs and all—I would take forcement tells me when I ask them: If rier that would be effective. And if you about a third of that budget and roll it magically everybody that’s illegally in think that it’s not, take a look at into infrastructure. In about 2 to 21⁄2 America woke up in their home coun- Israel that’s put up a fencing system. years, I would have a fence, a wall and try tomorrow morning—magically, of And, yes, it takes monitoring, and it a fence built and a patrol road built in course—what would happen to the ille- takes guard towers along the way, and between those and in between the no gal drug distribution system in the it takes the virtual support so that you man’s land, and I’d have the modern United States? Their answer: It would reduce the amount of manpower that’s devices up at the top. We would have immediately stop. All of it would be necessary. video cameras so, if anybody breached suspended overnight in that hypo- But we’ve grown this manpower on that fence, wall and fence, even at the thetical scenario if magically all those the southern border dramatically over first barrier, video cameras with infra- here illegally woke up where they the last decade. And the results that red would zero in on that location, and

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.067 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2759 we would deploy our boots on the data can lawfully work in the United if they cross a line by being chronically ground to that location. States. Now, it doesn’t verify that the late, if their eyes are bloodshot and As soon as people figured out that we biometrics of the individual who ap- their work is slow, if they’re tempera- were going to have 100 percent security plied with that information match the mental and those things or erratic—we on my mile of road—remember, I’ve got biometrics of that Social Security have an officer who is trained in that a $60 million contract. I can perform number. It just says, with this Social capacity, and he can say, You’re going with a high degree of efficiency, far Security number and the data that is in for a drug test because we want to higher than we’re getting right now. As associated with it, someone can work make sure that we have a drug-free soon as people figured out that we were under that. We can’t identify nec- workplace. going to respond and that it didn’t pay essarily of applicant A and applicant B That’s a responsible thing for an em- to cut or to try to climb over or to try which one it might be if they’re using ployer to do. It’s also responsible for an to dig under because we were going to the same data, but it’s a good step in employer to want to have a legal work- be there with our vibration sensors and the right direction to make E-Verify force. It’s what we’d encourage employ- with our new technology, then we mandatory, but it falls short in a cou- ers to do, but the law discourages them would have 100 percent efficiency along ple of categories. from utilizing the tools that they have. those stretches of the border. One of them is that it leaves the ex- I’ll be advocating strongly to change I would take some of that money for isting law that prohibits an employer that component in E-Verify if it moves the next year and the next year. Then from using E-Verify on current em- forward in this Congress. I would widen our legal ports of entry, ployees. Now, why would you do that? The second thing is it preempts local and I would add a little manpower to If an employer has a reasonable sus- government from utilizing E-Verify as those legal ports of entry so that we picion that someone is unlawfully a means of requirement for enforce- could move the legal traffic through working for their company, wouldn’t ment. It just simply says that the Fed- and still monitor it even more effec- we want them to go on the Internet eral Government is going to have the tively than we do today at those ports and check that applicant to see if they exclusive authority to regulate and en- of entry. That’s what a rational nation verify to be lawfully able to work in force E-Verify. Well, that would be fine would do, and that would then shut off the United States? I would want them if they actually enforced, but, Mr. the bleeding at the border. to do that. If they’re sitting in the Speaker, you know I have very little There is a lot of pressure from the il- break room and if one of their employ- confidence in the Federal Govern- legal drugs coming into America. ees said, Ah, you know, I’m an illegal ment’s will to enforce E-Verify. There Something greater than $60 billion a immigrant, and I duped you, and you will be those who will comply because year would be the street value of ille- can’t do a thing about it, that em- it’s the law—they will be good citizens, gal drugs in this country. When I first ployer may be able to report them to and some will be very good corporate came to this Congress, the DEA ICE, and maybe something happens, citizens—but we are not going to have couldn’t tell me what that number was. but they are prohibited by current law the kind of enforcement that’s nec- In fact, I don’t think they’ll still tell from going on that Internet, accessing essary so that it’s universal. me what the number was. That number E-Verify and running that employee I know. I’ve lived through this. Ron- is more published from the news media through to verify and then taking ac- ald Reagan wanted to enforce the ’86 than it is from the people who are sup- tion accordingly. Amnesty Act, the I–9 forms. I got those posed to know the answer to that ques- Some of the people who are advo- I–9 forms. We had applicants come into tion. With that pressure from those il- cating for this E-Verify bill say, Well, the office. I made sure that they care- legal drugs, they’ll find another way we have to protect employers from po- fully filled out those applications ac- into America until the demand is shut tential liability. They could be accused cording to the law, and we took the off. I can tell you that we could raise of discriminating against someone. I’d copies of the support documents that the price of illegal drugs in America, point out that that computer doesn’t were necessary, and we carefully kept the street price, by locking down and know race, ethnicity. It might know those I–9 forms and associated docu- stopping the bleeding at our southern national origin, but you didn’t get to ments in our files for the day that INS border. Then they’ll have to find an- queue it for that. There is no query for would show up and say, I want to see other way to get it in, and the price that. You put in the information— all of your job applicants and all of will go up. When the price goes up, name, rank, and serial number—as I your hires and all of your employees to fewer people use it. said, and it only comes back to you and verify if you have followed the ’86 Am- So that would be a helpful thing, but says ‘‘confirmed’’ or ‘‘can’t confirm.’’ nesty Act law compliance terms for we can shut off the bleeding at the bor- That’s all you know. So I don’t know I–9. der, Mr. Speaker. Then we need to shut how someone uses the E-Verify to dis- off the jobs magnet. criminate on the basis of race, eth- b 1500 Now, there is a bill that we had a nicity, national origin, language bar- They didn’t show up in my office. hearing on just yesterday in the immi- rier, whatever it might be. They make They didn’t show up in thousands of gration committee, and it’s a bill that that decision when they hire. If H.R. is employers’ offices. If the enforcement has been drafted by Mr. LAMAR SMITH interviewing someone, then in all of wasn’t there after the 1986 Amnesty of Texas, who is one of our lead voices the things that go along with an inter- Act, why in the world would we think on immigration enforcement in this view, they can sort all that out in their there would be enforcement there with Congress, perhaps the lead voice. He own heads and make their decisions. If a President who has suspended immi- has done an awful lot to introduce and they’ve already hired someone, if that gration law because it’s his whim and to see to it that in 1996 there was im- individual has worked for them for is for a President who has defied his migration reform legislation that was years, then they’ve made their decision own oath of office to take care that the passed that has an extremely useful on whether they’re going to discrimi- laws be faithfully executed? utility today, and I’m glad he is here to nate or not. That’s an entirely separate He even gave a little talk—I was defend the basis of that language: mak- question from E-Verify’s usefulness. going to call it a lecture, but I think it ing E-Verify mandatory so that gov- I think we need to encourage employ- was a talk—to a high school group here ernment employers, government con- ers to clean up their workforce, and by in Washington, D.C. The date was tractors and all new hires in the pri- doing so, we should allow them to use March 28. I think it was 2011. But I vate sector, too, would need to be E-Verify on current employees, espe- know the date. They had advocated to verified under E-Verify, which is the cially if there is reasonable suspicion. I him that he should, by executive order, Internet-based system where you wrote a drug testing bill in Iowa that establish the DREAM Act. So the punch in the I–9 data. I call it name, uses that standard, and it has not even President answered correctly. He said, rank, and serial number. been tested in court it’s so solid. If I don’t have the authority to do that. It will go out into that database and there is reasonable suspicion to point Congress passes the laws. I, as the ex- come back and tell you if it can affirm to one person out of your workforce—if ecutive branch, carry them out, and that the individual identified by that they don’t meet the standards of work, then the court system rules as to the

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.069 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2760 CONGRESSIONAL RECORD — HOUSE May 17, 2013 intent of the legislation and the con- I would be astonished if the Supreme wages that are paid, they would come stitutionality of it. Court would conclude that the Presi- off the Schedule C, they’d go back into That’s the kind of explanation you dent has the authority to identify the gross receipts, and they’d show up would get from a former adjunct con- groups of people and waive the applica- at the bottom as taxable income. So if stitutional law professor, which Barack tion of the law against groups of people you paid a million dollars out in wages Obama is at the University of Chicago, and declare prosecutorial discretion to to people who are working unlawfully a simple and clear answer. He gave it apply to groups rather than individ- in the United States as an employer, to the high school students and then uals. I would be astonished if the Su- then that million dollars would become defied his own explanation and defied preme Court would rule that the Presi- a taxable income rather than a busi- his own oath of office just a little more dent can manufacture immigration ness expense. than a year later when the President work permits or a lawful presence out The net equivalent is this: a $10-an- had a press conference within a couple of thin air. hour illegal, after you add the interest hours of the time that Janet Napoli- There’s no reason for article I, then. and the penalty and the tax liability— tano, the Secretary of Homeland Secu- Congress would have no function if the I think I calculated that as 36 per- rity, and Director John Morton issued President could just write the laws, cent—comes to about $16 an hour. Now the Morton memos and the memo from waive the laws, do whatever. That’s it’s a business decision, Mr. Speaker. the executive branch that set up four what a king does. That’s not what a Now the employer takes a look at that classes of people—not individuals, but President does. The damage to our con- and thinks, Just a minute now. I’ve got four classes of people. It said we’re stitutional structure and system has a discount on this cheap labor at 10 going to exempt them from immigra- been appalling, and I don’t know that bucks an hour, but I’ve also got this tion law. And seven different times in it’s settled into this society yet, Mr. contingent liability of another 6 bucks that memo, Janet Napolitano’s memo, Speaker. an hour if the IRS shows up; and if they referenced on an individual basis, But the President has violated the they show up this year, at 6 bucks an on an individual basis. I could repeat it Constitution and his own oath of office, hour, but if they wait another year and five more times. They wrote it in there and it’s been litigated in court for the they audit me for the past 2 years, now because they understand that constitu- first round. It might be a long march it’s 12 bucks an hour. And there’s a 6- tionally they have prosecutorial dis- to the Supreme Court. But we are on year statute of limitations on this. So cretion to decide where to implement the correct constitutional grounds your $6 an hour becomes 6 years of li- the resources for prosecution, and they with this case, and the lead plaintiff is ability. Now it’s $36 an hour over 6 can’t prosecute everybody, but they Chris Crane, the President of the ICE years. At some point it is compelling, have an obligation to take care that union, where the executive edict actu- and as an employer you decide, I’m the laws be faithfully executed. ally orders ICE to disobey the law. going to clean up my workforce. I’m So the courts have carved out, after They take an oath to take care that going to use E-Verify, and I’m going to years of litigation, this term called the law is being faithfully executed, as get through this point where my work- ‘‘prosecutorial discretion,’’ but it can well, Mr. Speaker. force is legal. only be applied on an individual basis Then we have the situation of how do So two simple things can be done. only, which is why that memo has we shut off the jobs magnet if they’re One is build a fence, a wall and a fence seven references to an individual basis not going to enforce E-Verify. In fact, on the southern border. We can do it only in it, but it doesn’t apply to indi- if they prohibit employers from using with the money we have. And if you viduals. They carved out four groups of E-Verify, how do they expect them ever gave me Janet Napolitano’s job and a people exempt from immigration law. to clean up the illegal workforce? President that didn’t tie my hands be- And then to add insult to constitu- I have a simple bill that’s been intro- hind my back, I can do it with the re- tional injury, the President also cre- duced in the last two or three Con- sources we are committing to it now. ated a work permit out of thin air. gresses. It’s called the New IDEA Act. And we could pass New IDEA, the New All of the visas that we have, all of There aren’t very many new ideas in Illegal Deduction Elimination Act; let the lawful precedents that exist in the this Congress. I think I actually just the IRS come into this equation, pro- United States, other than natural-born was able to get one passed in an vide an incentive for employers to citizens, is all a product of Congress. amendment in the farm bill here a cou- make a positive decision to clean up It’s interpreted that Congress has the ple of nights ago, a new idea. But this their workforce. It shuts down the jobs full authority to establish immigration is a new idea on immigration, and it is magnet. Then people make decisions as law. So we’ve set up visa this and visa now about 5 or 6 years old. New IDEA. to how much opportunity there is here that—temporary, permanent, a lawful The acronym ‘‘IDEA’’ stands for Ille- in America. That means there’s more permanent residence status green card. gal Deduction Elimination Act. It opportunity for Americans. We set up the conditions for natu- brings the IRS into this equation and We have 100 million Americans of ralization. But the President wanted declares that wages and benefits paid working age who are simply not in the one more. He wanted a work permit for to illegals are not tax deductible for workforce because we have created a the people he granted amnesty to by Federal income tax purposes. It gives cradle-to-grave welfare system that is executive edict, and that’s what he did the employer safe harbor if they use E- an incentive for people to stay home in an unconstitutional fashion. Verify. It grants them the authority to rather than to go to work. We can’t al- We’ve litigated that in court, and a use it on current employees. And then ways blame them for that decision. judge in Texas has upheld 9 of 10 argu- the IRS, who would not be accelerating Some dumb decisions were made here ments. The 10th argument has been their audits but simply during a nor- on the floor of the House of Represent- sent back, and he said to the govern- mal audit, they would punch in that I– atives and the United States Senate, ment, Rewrite that. It is essentially 9 data that I mentioned earlier into the but none of them is as dumb as the one unintelligible, and I don’t want to rule E-Verify for the employees for the that seems to be emerging from the on it until you try to straighten it out. company they were auditing. And if United States Senate today or maybe It’s like getting a term paper that a they kick those employees out as un- is churning around in a House gang of portion of it is so bad that you can’t lawful to work in the United States, eight. even give it a grade. Go rewrite it and the IRS then would say to the em- This bill that is moving through both come back to it. ployer, You’re going to have 72 hours Chambers is the largest, most expen- So I’m hopeful and optimistic that to cure this, but we’re not going to let sive amnesty bill that’s had credibility all 10 of those arguments will be sup- you deduct the wages and benefits paid and momentum in the history of this ported by the Federal judge. Now, if to illegals. country. It is the always is, always that follows through to the United Why should those wages be deduct- was, and always will be amnesty bill. States Supreme Court, I expect they ible, especially when we give the em- will litigate this out to either the end ployer safe harbor? b 1510 of the Obama administration or in con- So the result of that would be your If you is in America, amnesty will al- clusion at the Supreme Court. $10-an-hour illegal would take the ways be available to you. If you was in

VerDate Mar 15 2010 03:09 May 18, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.071 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2761 America, it sends an invitation that ica. That’s our job. That’s our oath. unusual and extraordinary threat to says: Apply—we didn’t meant to deport It’s the patriotic thing to do. the national security and foreign pol- you. Come on back, y’all, ya’ hear. We With that, Mr. Speaker, I yield back icy of the United States. Accordingly, I didn’t mean it. And if you ever get into the balance of my time. have determined that it is necessary to America, if you will be in America, f continue the national emergency with you’re going to get amnesty some day, respect to the stabilization of Iraq. too. That’s what they’re saying. MESSAGE FROM THE PRESIDENT BARACK OBAMA. And a Nation cannot be a nation if it A message in writing from the Presi- THE WHITE HOUSE, May 17, 2013. doesn’t have borders. If we don’t secure dent of the United States was commu- those borders and determine what nicated to the House by Mr. Brian f comes and goes across those borders, Pate, one of his secretaries. we lose our sovereignty. And if we f COMMUNICATION FROM CHAIR OF don’t put Americans back to work and COMMITTEE ON TRANSPOR- give them opportunity, we’re wasting a CONTINUATION OF THE NATIONAL TATION AND INFRASTRUCTURE EMERGENCY WITH RESPECT TO massive amount of human capital. And The SPEAKER pro tempore laid be- THE STABILIZATION OF IRAQ— that wasting of human capital then di- fore the House the following commu- MESSAGE FROM THE PRESIDENT minishes our potential as a nation. nication from the Chair of the Com- OF THE UNITED STATES (H. DOC. And we have this workforce in this NO. 113–30) mittee on Transportation and Infra- country that is oversupplied in the un- structure; which was read and, without skilled and low-skilled categories. And The SPEAKER pro tempore (Mr. objection, referred to the Committee so the more people we bring in that are KING of Iowa) laid before the House the on Appropriations: unskilled, the more it’s going to sup- following message from the President COMMITTEE ON TRANSPORTATION AND press the wages in the unskilled and of the United States; which was read INFRASTRUCTURE, HOUSE OF REP- low-skilled jobs. The high-skilled pays and, together with the accompanying RESENTATIVES, Washington, DC, May 17, 2013. pretty good and has pretty good bene- papers, referred to the Committee on Foreign Affairs and ordered to be print- Hon. JOHN BOEHNER, Speaker of the House, fits, and they contribute. They’re net House of Representatives, contributors. But people that are here ed: The Capitol, Washington, DC. unlawfully, those who are in America To the Congress of the United States: DEAR MR. SPEAKER: I have enclosed a copy who are high school dropouts, they’re Section 202(d) of the National Emer- of the resolution adopted by the Committee not. They’re a net drain on the Treas- gencies Act (50 U.S.C. 1622(d)) provides on Transportation and Infrastructure on ury. This group of 11.5 million which is for the automatic termination of a na- May 16, 2013. Pursuant to section 3307 of the subject of this bill, which is likely Title 40, United States Code, the Committee tional emergency unless, within 90 on Transportation and Infrastructure met in to be 33 million or more, this group can days prior to the anniversary date of open session to consider a resolution to au- never be net contributors to our econ- its declaration, the President publishes thorize an alteration project included in the omy, not in a single year of their life- in the Federal Register and transmits to General Services Administration’s FY2013 time, and neither can the next genera- the Congress a notice stating that the Capital Investment and Leasing Program. tion compensate for that loss. That’s emergency is to continue in effect be- Our Committee continues to work to cut $6.3 trillion, according to Robert Rec- yond the anniversary date. In accord- waste and the cost of federal property. The tor of the Heritage Foundation. ance with this provision, I have sent to resolution authorizes $10 million to reconfigure the existing federal courthouse in So, Mr. Speaker, I hope that there the Federal Register for publication the Greenbelt, Maryland in lieu of the original are a lot of people that realize the mag- enclosed notice stating that the na- plan to construct a new $128 million annex, nitude of this colossal proposed mis- tional emergency with respect to the saving the taxpayer $118 million. This resolu- take, and I hope that the good judg- stabilization of Iraq that was declared tion is in line with the Committee’s goal of ment and the constitutional sound in Executive Order 13303 of May 22, decreasing the Judiciary’s real estate foot- thinking and the good conscience that 2003, is to continue in effect beyond print and increasing the utilization of exist- comes from the American people, as May 22, 2013. ing courthouses. manifested in the United States Senate Obstacles to the continued recon- I have enclosed a copy of the resolution and the House of Representatives—and struction of Iraq, the restoration and adopted by the Committee on Transpor- tation and Infrastructure on May 16, 2013. that we put an end to any kind of an maintenance of peace and security in Sincerely, idea of an amnesty bill and restore the the country, and the development of BILL SHUSTER, rule of law and restore American op- political, administrative, and economic Chairman. portunity and do what’s good for Amer- institutions in Iraq continue to pose an Enclosure.

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COMMITTEE RESOLUTION

ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD PMD-0232-GR13

Resolved by the Committee on Transportation and InJra.vtructure ofthe US. House ojRepresentatives, that pursuant to 40 U.S.C. §3307, appropriations are authorized for alterations to the Southern Maryland U.S. Courthouse at 6500 Cherrywood Lane, Greenbelt, MD in lieu of a design of a courthouse exp~nsion, at a proposed cost of $10,000,000, a prospectus for which is attached to and included in this resolution.

Provided further, that the General Services Administration shall not delegate to any other agency the authority granted by this resolution.

Adopted: May 16,2013 f3J1~ Bill Shuster, M.C. Chairman

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GSA PBS

PROSPECTUS - ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: PMD-0232-GR13 Congressional District: 05

Project Summary

The U.S. General Services Administration (GSA) proposes alterations to the Southern Maryland U.S. Courthouse at 6500 Cherrywood Lane, Greenbelt, MD. Through Public Law 111-117, Congress approved $10,000,000 for design of a courthouse expansion. This prospectus proposes alteration of the cou11house in lieu of the originally planned expansion of the existing building by 260,000 gross square feet (gst).

Major Work Items Exterior closure, roofing, interior alterations, plumbing, fire protection, electrical, selective demolition, and HV AC.

Pro ied Budget

Desigtl and Review .... "' ...... ,.. u ...... , ...... , ...... $1,300,000 Estimated Construction Cost (ECC) ...... $7,700,000 Management and Inspection (M&I) ...... $1,000,000 Estimated Total Project Cost* (ETPC) ...... $10,000,000

* The Judiciary will provide an additional $4.5 million in reimbursable funds to cover the design, construction, and management and inspection for 1 cou11l'00m and 4 chambers.

Authorization Requested (Design, ECC. and M&I) ...... $10,000,0001

hndlng Requested .t •••••• l .... " ...... ;ot ...... , ...... " ••• t ••• , ••• , ••••• , ••••••••••••••••• , ••••• S02

Prior Agthority and Funding (Alteration of S01lthern Maryland U.S. Courthouse)

None

I The original project for expansion (new construction line item) of the Southern Maryland U.S. Courthouse was funded for design at $10,000,000 in FY 2010 (PL 111-117). Although no funds are being requested in this prospectus, its approval is needed for this altemtion project. Concurrently, GSA will request to reprogram the $10,000,000 from the new construction line item to this alteration project.

2 Same as note # l.

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GSA PBS

PROSPECTUS-ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: PMD-0232-GRI3 Congressional District: 05

Prior Authority and Funding

The House Committee on Transportation and Infrastructure and the Senate Committee on Enviromnent and Public Works authorized $10,000,000 for design on November 5, 2009, and February 4,2010, respectively.

Congress appropriated $10,000,000 for FY 2010 (public Law 111.117),

Prior Pr9spectus-L"v~1 Projects in Building {past 10 years}

None

Schedule Stal't End Design and Construction FY2012 2015

Building

" The Southern Maryland U.S. Courthouse is a fOU1'-story, 297,331 gsfbuilding completed in 1994 with 50 inside parking spaces. The building is of modem design with concrete and steel construction. The site also includes a two-story parking structure for 484 spaces.

Tenant Agencies

Bank1llptcy Court; Circuit Library; District Court; U.S. Marshal Service; trial preparation space for Office of U.S. Attorneys; Pretrial Services; a House of Representatives office, and GSA Public Buildings Service.

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GSA PBS

PROSPECTUS - ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: PMD~0232-GRI3 Congressional District: 05

Proposed Project

GSA will reconfigure existing space in the building to accommodate the need for one additional Magistrate (Civil Violations Bureau) courtroom, five new chambers and associated suppod space, for a more efficient building layout. The U.S, Attornets Office (USAO) plans to relocate to leased space in September 2012. Space vacated by the USAO on the fourth floor will be renovated to create new judges' chambers and associated support staff space. The existing first floor cafeteria will be downsized and relocated to create room for a new CVB courtroom and supporting spaces. This will result in the courts satisfying their mission within the existing building footprint, therefore eliminating the need for the previously planned new construction project. Approximately 2,100 gsf will be added to the building to accommodate new traffic and circulation patterns reSUlting 'from changes in first floor configuration. The new entrance will shift the security station and scanning equipment to a secure location before visitors enter the first floor atrium and first floor courtroom.

Malor Work Items

Exterior Closure $367,000 Roofing $576,000 Interior Alterations $3,307,000 Plumbing $476,000 Fire Protection $329,000 Electrical $445,000 Selective Demolition $600,000 HVAC $1.600,000 Total Bee $7,700,000

Justification

For several years, the Judiciary's Five-Yem: Courthouse Project Plan included a project to expand the existing courthouse in Southern Maryland. Design for the expansion (a new construction line item) was funded in FY 2010. Requirements for the original expansion project were largely driven by the projected need for courtrooms and chambers for incoming judges. Committee resolutions in FY 201 °limited the number of courtrooms to 12. The proposed change in scope (alteration within building) meets judiciary courtroom sharing policies and requirements are reduced due to the planned pel1nanent relocation ofthe USAO to leased space.

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GSA PBS

PROSPECTUS-ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: PMD-0232-GRI3 Congressional District: 05

The court's southem division has grown rapidly since the existing building opened and needs more space to accommodate current and future growth. The Judiciary reports that the Southem Maryland U.S. Courthouse's CVB docket is one of the judiciary's largest petty offence and misdemeanor dockets in the country, requiting dedicated courtroom space to handle the large volume. A courtroom will be constructed for the CVB on the first floor, which currently shares courtroom space with the magistrate judge on an upper floor. Once the CVB courtroom is constructed, by 2015, there will be 12 courtrooms for 15 judges. The CVB courtroom, used by a magistrate judge, will have limited availability to other judges since it is forecast to be used for the large volume of CVB dockets. Five chambers will be constructed for three senior district judges, one magistrate judge, and one bankruptcy judge. One magistrate judge and one bankruptcy judge, plus their staff, are temporarily housed in various unconsolidated spaces around the building, including a conference room, library and attorney witness rooms, which will revert to their originally intended uses after proposed chambers are constructed.

A reconfigured and expanded entrance is needed to handle the revised first floor traffic pattem due to the new high volume CVB courtroom, additional chambers, and office space being const1llcted.

These recommended changes to the project scope are the result of Committee resolutions limiting the number of courtrooms and courtroom sharing policies issued by the Judicial Conference. The proposed project reflects senior district and magistrate judge sharing policies and does not include courtrooms for projected new judgeships. Bankruptcy judges will not be sharing courtrooms at this time since three bankruptcy courtrooms currently exist. The proposed renovations to the Southem Mary]and U.S. Courthouse will meet the court requirements through 2020. The reconfiguration of existing space in the Courthouse will house a reduced court program while reducing taxpayer costs. With issuance of the Judicial'Y's Five-Year Courthouse Project Plan for FYs 2013-2017, construction of a new facility/expansion in Greenbelt, MD, has been removed from the plan.

Explanation of Changes

The project authorized by the House and Senate Committees was for a new courthouse annex, and stipulated use of energy efficient and renewable systems and reports about such systems. This project is renovation of the existing Courthouse to provide for space needs of the tenants including a new entrance and reconfigured lobby, and changes to building systems to the extent that space renovations require system modifications.

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GSA PBS

PROSPECTUS-ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: PMD-0232-GRI3 Congressional District: 05

Exceptions from the U,S Courts Design Guide (USCDG)

A courtroom of 2440 SF for the CVB docket is an exception to the USCDG 1800 SF magistrate judge courtroom, and was approved by the Judicial Conference on September 15, 2009. The larger courtroom, four witness-attomey rooms (100 SF each; USCDG provides two at 150 SF each) and 1700 SF waiting area (USCDG provides 400 SF) were approved by the Judicial Council for the 4th Circuit on March 22, 2007. The additional costs for the following exceptions are:

1. eVB Co'Uftr'oom ...... ,•.••.•••••••• ,•.•••.•.• "•••••••• _••.•.•••••.••••••.••••• ,.••••••••.•••• ,•. $258,000 2. Four witness Attomey Rooms for CVB Courtroom ...... $9,000 3. Public waiting area for the CVB Courtroom ...... $115,000 Pursuant to the House Committee on Transportation and Infrastructure resolution (San Diego, CA, Courthouse Annex, July 19, 2006) GSA concurs with these exceptions.

Space ReguiremQnts of the U.S. Courts

Current Pro Dosed Courtrooms Chambers Courtrooms3 Chambers District 5 5 6 8 Magistrate, inclusive 3 4 3 4 of CVB Courtroom Bankruptcy'f 3 3 3 3 Total 11 12 12 15

3The district court expects, in the very near future, to have 4 active district judges, 4 senior district judges, and 4 magistrate judges. With courtroom sharing 6 courtrooms for district judges and 3 for magistrate judges are required. The district court cuU'ently has 8 courtrooms in service, 5 are sized for use by district judges, and 3 are sized for use by magistrate judges. The construction of the new CVB courtroom will complete the 9 authorized courtrooms for use by the district court, although one will still be undersized (1888SP vs 2400 SF).

4 One courtroom was added in previous years to satisfy the pressing need of the Bankruptcy Court. This courtroom can be repurposed in the future as the anticipated needs of the entire COUlt change and evolve. The Bankruptcy Court courtrooms are not suitable for use by district 01' magistrate judges because of lack of access to the Marshals Service secured elevator and lack of space for jury functions.

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GSA PBS

PROSPECTUS - ALTERATION SOUTHERN MARYLAND U.S. COURTHOUSE GREENBELT, MD

Prospectus Number: Congressional District:

Summary of Enel'gy Compliance

The project will integrate and implement sustainable design principles and energy efficiency effOlts as seamlessly as possible into all aspects of both the design and construction process, if applicable

Alternatives Considered (:lO-year, present value costs)

There are no feasible alternatives to this project.

Recommendation

ALTERATION

Certification of Need

The proposed project is the best solution to meet a validated Government need.

Submitted at Washington, DC, on __~Oc..ck.ltL-=::2::.:..5<:'+-J 2=.::=:O:....tl-'=2~ ______

Appluved; ______~ ______Acting Administrator, General Services Administration

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Under of a sudden, now, even though he testi- the Speaker’s announced policy of Jan- And someone who believes the teach- fied he didn’t know what they really uary 3, 2013, the Chair recognizes the ings of Jesus Christ is somehow to be asked, all of a sudden, apparently he gentleman from Texas (Mr. GOHMERT) feared—wow—because they may go felt like he did know. for 30 minutes. into all the world baptizing them, mak- But here’s the interesting chart to Mr. GOHMERT. Thank you, Mr. ing disciples. They may end up being which the article was referring, very Speaker. like Mother Teresa and helping the interesting. It’s from the U.S. Depart- I certainly appreciate and agree with poor and needy. They may actually do ment of Homeland Security Office for the gentleman’s concerns about the things without the government telling Civil Rights and Civil Liberties. And it failure of the administration to secure them they can do that, like Mother Te- is important to know, we call it coun- the border. We are quite aware that the resa, just going in and helping. tering violent extremism, just as Ms. border did not get as secure as we Well, you’ve got to watch those evan- Napolitano calls not countering ter- would have hoped under the prior ad- gelical Christians, if they are true rorism, she had this set up as the Coun- ministration, but there is no excuse for Christians, if you’re part of this Janet tering Violent Extremism Working not getting it done now, and especially Napolitano Homeland Security Office. Group, even though she couldn’t pre- when the claim is made that we’ll se- The article points out this policy viously answer my question as to how cure the border when you basically stands in stark contrast to the DHS Of- many members of the Muslim Brother- give amnesty to people that were al- fice of Intelligence and Analysis 2009 hood were part of her Homeland Secu- ready here. That’s like putting the cart memo: ‘‘Right wing extremism, current rity Countering Violent Extremism in front of the horse as the cart is economic and political climate fueling Working Group, or even her Homeland going off the cliff. It’s a problem. resurgence in radicalization and re- Security Advisory Group. There are other problems, Mr. Speak- cruitment,’’ which warned of the dan- And I found it interesting that a publication in Egypt knows more about er, as you’ve surely noted with regard gers posed by pro-life advocates, critics the Muslim Brotherhood members of to this administration. An article that of same-sex marriage, and groups con- this administration than our own came out today, May 17, from The cerned with abiding by the U.S. Con- Homeland Security Secretary knows. Daily Caller points out that the home- stitution, among others. She didn’t even know, when I asked her land security guidelines advised def- The advice of the do’s and don’ts list at a prior hearing, that there was a erence to pro-sharia Muslim suprema- is far more conciliatory. Don’t use known member of a known terrorist cists. training that equates radical thought, group that had been allowed to go in Of course, Mr. Speaker, we are famil- religious expression, freedom to pro- the White House. But she did find out iar with the fact that Homeland Secu- test, or other constitutionally protected activity, including disliking the before she went before the Senate so rity has had reports warning their em- she could say, oh, we vetted him three ployees about the dangers of people U.S. Government without being violent, the manual’s authors write in a times. Well, yeah, probably about the that may be involved in such heinous way the FBI vetted Tamerlan and said, activity as being classified as evan- section on training being sensitive to constitutional values. oh, there’s nothing to see. We’ll just gelical Christians, or as being con- move on here, which left him able to cerned about the Constitution and that The manual, which was produced by an interagency working group from plot and plan to kill people, innocent people should be following the Con- people, men, women and children in stitution, and concerned about people DHS and the National Counterterror- ism Center advises: Boston. who may have Tea Party in their But it’s interesting. When you look name. Trainers who equate the desire for shari’a here, it says talking about the things Thank goodness the IRS was not law with criminal activity violate basic tenets of the First Amendment. you should not do, don’t use training around to help the Founders when they with a political agenda. This is not the And that is interesting. And it goes founded the country or otherwise they time to try to persuade audiences, for probably would have shot the Boston back to my point about how problem- example, on views about the Israeli- Tea Party participants. They would atic it must have been for an FBI Palestinian conflict, reformation with- have killed off over half of the signers who’ve had their lexicon purged, where in Islam, or the proper role of Islam in of the Declaration of Independence, and they can’t really talk effectively about majority Muslim nations. this country would have never gotten jihad because that might offend some- Don’t use trainers who answer pri- started, if this Homeland Security one, even though it is critically impor- marily to interest groups. For example, would have been around to be helpful, tant to know what someone believes trainers who are self-professed Muslim so called, to our Founders. about jihad. reformers may further an interest But in looking at the guidelines, this Does an individual believe, as an group agenda instead of delivering gen- article says: Islamist, that jihad is just the internal erally accepted, unbiased information. The Department of Homeland Security, changing of one’s self into being more Very interesting, you know, because which under Janet Napolitano has shown a Islamic? if you can’t inquire about what people keen interest in monitoring and warning Or is jihad actually a violent jihad truly believe about jihad, about radical about outspoken conservatives, takes a very that, as the 9/11 bombers and killer be- Islam, about killing infidels, if you different approach in monitoring political lieved, you kill as many innocent peo- really can’t get into the weeds on this Islamists, according to a 2011 memo on pro- ple, especially Americans, especially thing, then how in the world do our of- tecting the free speech rights of pro-sharia Jews, as you possibly can. ficers know which Muslims will be good Muslim supremacists. In a checklist ob- But this administration is concerned tained by The Daily Caller titled, ‘‘Coun- to have training and which ones won’t tering Violent Extremism, Dos and Don’ts,’’ that to ask about jihad may certainly be good to have training our own offi- the DHS Office of Civil Rights and Civil Lib- offend someone. And it was intriguing cers? erties notifies local and national law en- to inquire of our Attorney General, the We do know from a couple of years forcement officials that it is Obama adminis- highest law enforcement officer in the ago when the administration stopped a tration policy to consider specifically Is- country, about just what the FBI did seminar that was about to take place lamic criticism of the American system of ask of Tamerlan Tsarnaev. over at the CIA because there were government legitimate. What did they find out that he be- some people who had spent their lives I must insert parenthetically, it is so lieved about jihad? studying radical Islam and were classi- interesting that people who believe the What did they find out that he sup- fied as experts around the country, un- Constitution means exactly what it ported in the way of jihad? less perhaps you were part of the Orga- says are deemed by our Secretary What favorite authors did he have nization of Islamic Council, who actu- Napolitano and her Homeland Security about jihad? ally came up with the term

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And there ing about radical Islam. given a pat on the back or invited in to are radical Islamists who want to de- But it’s interesting though, I mean, give advice to the White House on stroy us; therefore, you have 9/11 of this is our own Homeland Security. speeches or to give advice on how to 2001, you have 9/11 of last year, you This is the kind of stuff that led one of train our intelligence agents or to give have 9/11 of the year before. our intelligence agents to tell me, Con- advice on how to train FBI and Home- We’ve got to wake up. There’s still gressman, we are blinding our own land Security agents. But this is ex- time, but people have been killed need- ability to see the enemy that wants to actly what this administration is lessly. And this kind of stuff, this kind kill and destroy us. We’re blinding our- doing. of political correctness that ends up selves from our ability to see the peo- And when you blind our intelligence making it okay through some of the ple that want to destroy us. agencies and you blind our protectors other documents we’ve seen to go after And if we’d be more realistic, there who are willing to lay down their lives evangelical Christians and to fear them would be people alive in Boston that for us to be free, when you blind them and potentially persecute them, and as are not. to their ability to see the enemy, then we’ve seen from the IRS, it’s good to When the Russian Government gives people get killed, and people that want- persecute Tea Parties. People at the us a heads-up and says, this guy has be- ed to prevent it are left with guilty low levels didn’t make that up. They come radicalized, that can’t be normal. consciences because they wonder what were encouraged, allowed to do the Man, this is a big deal. You’d better could we have done more—and it’s not kind of things they were, otherwise it look thoroughly into it. their fault. It comes from the top of could not have gone as long and as This is an outreach from the Rus- Homeland Security and the top of the widely as it did. But these days are sians. Hey, I’m not sure you realize Justice Department. And when it very, very telling. Very telling. just how radical this guy’s become. It comes from the White House, as it did, Now, this is a helpful comment, note, wasn’t enough clues that he and his to stop the seminar at the CIA, it too, that not all Arabs are Muslims and family got asylum from a country that comes from the very top. And the mes- not all Muslims are Arabs. Yes, for ex- they were comfortable going back to. sage is clear: We don’t want to offend ample, there are Christian Arabs who Wait a minute, if they got asylum, anyone who may be a radical Islamist are being persecuted in Egypt, in Iran, how in the world would any of their because, gee, that might be bad. It’s in Iraq, in Afghanistan and in places family be comfortable going back okay to offend evangelical Christians. like Libya, where we helped radicals there? Perhaps they didn’t need asy- Sure, they’re the only group in Amer- take over and people who just want to lum. ica it’s politically correct to persecute worship God are being persecuted. It is Well, if they didn’t need asylum, why now. tragic what has happened and the don’t we send them back? It’s okay to persecute anyone who blindness that has occurred. Well, no, we wouldn’t want to do believes what most of humanity has for It’s embarrassing. It’s particularly that. Gosh, we might offend somebody most of mankind and particularly the embarrassing when I embrace family that wants to kill us. Heaven help us if Founders, the signers of the Declara- members who have lost loved ones in we were to offend somebody that wants tion of Independence, those who rep- Benghazi or 9/11 of 2001. One family to kill us. resented each of the States at the Con- member told me that Secretary Clin- Don’t use training that equates rad- stitutional Convention. They believed ton advised them—what we now know ical thought, religious expression, free- marriage was between a man and a is what at that time she knew very dom to protest, or other constitu- woman. However, today, according to clearly, Benghazi was not about a tionally protected activity with crimi- this administration, anyone who be- video. She advised them, hey, we’re nal activity. One can have radical lieves in that same type of traditional going to get the guy that made that thoughts, ideas, including disliking the marriage is to be hated, vilified, de- video, as if that was going to give them U.S. Government, without being vio- spised, persecuted and to be watched some comfort. They weren’t out to kill lent. For example, trainers who equate out for by our Homeland Security be- someone. They weren’t out to get the desire for shari’a law with criminal cause they’re a threat, because they somebody. But they do want justice. activity violate basic tenets of the want the freedom to believe in tradi- And it turned out, the Secretary knew First Amendment. tional marriage that was taught in the at the time she said that that it wasn’t Well, I would submit to whoever put Bible, the kind of marriage that Jesus about a video. It was part of confusing together this chart, those who want to himself attended and performed, his or attempting to confuse the issues and do away with our Constitution and, in- first recorded miracle. Yet those of us the mistakes that were made by this stead, impose shari’a law on all Ameri- who believe in that are to be vilified. administration. cans, are acting with treasonous intent It’s also amazing to me—I’m not So it was worth noting, though, when because you can’t want to replace our pushing my beliefs on anyone else, but we look at the IRS and the problems Constitution with shari’a law and still it’s part of who I am as a Christian— there, this article today by Labor be wanting the America where every- there are people whose lifestyles I be- Union Report Diary, May 16, yesterday, one has freedom to worship as they lieve hurt them, hurt our society and and it says: wish. degenerate our society. But I would Meet the partisan union behind the par- give my life for them. As a Christian, I b 1530 tisan Internal Revenue Service. love them. I have no problem embrac- Where do the anti-sequester, Federal Gov- What you are wanting is the kind of ing them. I find it interesting that peo- ernment workers-turned-protesters work? situation that you now find in Afghani- ple who have come to hate me, and They work at the Internal Revenue Service— stan, where the last public Christian Christians like me, they can’t under- and they are unionized. church had to close, or in Egypt as the stand how you can disagree with a life- And the article points out that: Muslim Brotherhood has taken over style or disagree so profoundly with a As the scandal involving the IRS’ tar- and Coptic Christians have been per- political belief and yet love them geting of conservatives and Tea Party groups secuted mercilessly, or in Iraq where through and through as an individual. I consumes the news cycle for the moment and you have radical Islamists in charge hope and pray some day they’ll under- Barack Obama, who, so far, has claimed ig- who find it is a crime to believe that stand. norance of the targeting, has thrown a sac- Jesus is a savior, a crime worthy of But in the meantime, it is important rificial lamb out to appease journalists, that IRS agents targeted certain small-govern- going to prison. They believe sharia if we’re going to allow the people in ment, anti-tax groups should really not come law is the law of the land in those our Federal Government who have as a surprise. countries. So anybody that wants to sworn their lives to protecting all Beginning in 2009, Democrats and unions, replace our Constitution with sharia Americans, if we’re going to allow including government unions, have spent the

VerDate Mar 15 2010 03:47 May 18, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.077 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2771 last several years demonizing Tea Party ment, less intrusive government, and Mr. LEWIS of Georgia (at the request groups as well as other small government government that is truly of, by, and for of Ms. PELOSI) for today. groups. the people. f On Thursday, despite the escalating scan- With that, Mr. Speaker, I yield to the dal, Barack Obama told reporters he did not gentleman from Florida (Mr. YOHO). ADJOURNMENT see the need for a special prosecutor, saying ‘‘probes by Congress and the Justice Depart- IMMIGRATION REFORM Mr. YOHO. Mr. Speaker, I move that ment should be able to figure out who was Mr. YOHO. Mr. Speaker, I’d like to the House do now adjourn. responsible for improperly targeting Tea thank the gentleman from Texas for The motion was agreed to; accord- Party groups when they applied for tax-ex- yielding. ingly (at 3 o’clock and 46 minutes empt status.’’ I’d like to address the floor on why p.m.), under its previous order, the b 1540 we need immigration reform. House adjourned until Monday, May 20, Washington has failed to lead on this 2013, at noon for morning-hour debate. While that may appease reporters from issue for the last 30 years, and it has f CNN and the mainstream media for the mo- weakened American security and ment, one must wonder why there shouldn’t stressed our economy. OATH FOR ACCESS TO CLASSIFIED be a special prosecutor to look into the America deserves better. It’s our INFORMATION wrongdoings of an agency with such vast powers over the American populace. Unless, duty and it’s our responsibility to ad- Under clause 13 of rule XXIII, the fol- of course, there is a smoking gun that people dress this issue for the health, for the lowing Members executed the oath for within the administration don’t want discov- strength, and for the security of our access to classified information: ered. Nation. Robert B. Aderholt, Rodney Alexander, In December 2009, during the first term of As the immigration debates come Justin Amash, Mark E. Amodei, Robert E. his Presidency, in an effort to make the Fed- forward, our goals should not focus on Andrews, Michele Bachmann, Spencer Bach- eral Government more ‘‘union friendly,’’ what is best for this group or what is us, Ron Barber, Lou Barletta, Garland President Obama issued Executive Order best for that group, or cater to this in- ‘‘Andy’’ Barr, John Barrow, Joe Barton, 13522. dustry or cater to that industry. If we Karen Bass, Joyce Beatty, Xavier Becerra, In short, as noted in 2011, Executive Order Dan Benishek, Kerry L. Bentivolio, Ami 13522 establishes ‘‘labor-management fo- do that, we lose sight and we miss the mark on what really the focus should Bera, Gus M. Bilirakis, Rob Bishop, Sanford rums’’ between union bosses (who may or D. Bishop, Jr., Timothy H. Bishop, Diane may not be Federal employees) and Federal be on, and that is, what’s best for Black, Marsha Blackburn, Earl Blumenauer, agency management. America. If we focus on what is best for John A. Boehner, Suzanne Bonamici, Jo Bon- As part of the directives under Executive America and do what is best for Amer- ner, Madeleine Z. Bordallo, Charles W. Bou- Order 13522, agency heads are to engage ica, then America wins. And if America stany, Jr., Kevin Brady, Robert A. Brady, union bosses in ‘‘pre-decisional discussions’’ wins, we all win, regardless of where Bruce L. Braley, Jim Bridenstine, Mo before decisions are made—and those discus- you come from. Brooks, Susan W. Brooks, Paul C. Broun, sions are to be secret and outside the pur- The real issue is to preserve the op- Corrine Brown, Julia Brownley, Vern view of the Freedom of Information Act. portunity that if we nurture it and put Buchanan, Larry Bucshon, Michael C. Bur- Pre-decisional discussions, by their nature, gess, Cherie Bustos, G. K. Butterfield, Ken should be conducted confidentially among forth that effort, it will grow into the American Dream. Isn’t the American Calvert, Dave Camp, John Campbell, Eric the parties to the discussions. This confiden- Cantor, Shelley Moore Capito, Lois Capps, tiality is an essential ingredient in building Dream what this is all about? The Michael E. Capuano, Tony Ca´ rdenas, John C. the environment of mutual trust and respect American Dream defines who we are as Carney, Jr., Andre´ Carson, John R. Carter, necessary for the honest exchange of views Americans. It is the very essence of Matt Cartwright, Bill Cassidy, Kathy Castor, and collaboration. what it means to be an American. It Joaquin Castro, Steve Chabot, Jason That was the position of the adminis- says that no matter where you come Chaffetz, Donna M. Christensen, Judy Chu, tration. from or what your background is, if David N. Cicilline, Yvette D. Clarke, Wm. Coincidentally, among the agencies cov- you’re willing to work within the con- Lacy Clay, Emanuel Cleaver, James E. Cly- ered by Executive Order 13522 is the Internal fines of the law and do that four-letter burn, Howard Coble, Mike Coffman, Steve Revenue Service, which is part of the De- Cohen, Tom Cole, Chris Collins, Doug Col- word called ‘‘work,’’ you can achieve lins, K. Michael Conaway, Gerald E. Con- partment of the Treasury, and whose agency the American Dream. employees are represented by the National nolly, John Conyers, Jr., Paul Cook, Jim The very issue that we’re struggling Cooper, Jim Costa, Tom Cotton, Joe Court- Treasury Employees Union. with is the preservation of the Amer- The fact that, under Executive Order 13522, ney, Kevin Camer, Eric A. ‘‘Rick’’ Crawford, Federal agencies are being co-managed by ican Dream and the opportunity in this Ander Crenshaw, Joseph Crowley, Henry union bosses and it appears that the per- country. If we lose that, we lose what Cuellar, John Abney Culberson, Elijah E. petrators of the IRS scandal are likely to be America stands for. And that’s what Cummings, Steve Daines, Danny K. Davis, members of the IRS union makes one wonder sets America apart from all other Rodney Davis, Susan A. Davis, Peter A. how coordinated the attacks were—espe- countries, it’s the ability to achieve DeFazio, Diana DeGette, John K. Delaney, cially as four of the alleged perpetrators are Rosa L. DeLauro, Suzan K. DelBene, Jeff the American Dream. Denham, Charles W. Dent, Ron DeSantis, claiming their bosses made them do it. As we move forward, let’s keep in More importantly, if their bosses made Scott DesJarlais, Theodore E. Deutch, Mario mind that if we do what’s right for Diaz-Balart, John D. Dingell, Lloyd Doggett, them engage in potentially illegal activities, America, we will remain that shining why didn’t they go to their union to file a Michael F. Doyle, Tammy Duckworth, Sean grievance? city on the hill that Ronald Reagan P. Duffy, Jeff Duncan, John J. Duncan, Jr., talked so eloquently about, that bea- Donna F. Edwards, Keith Ellison, Renee L. Well, apparently, under the Presi- con of hope of what free men and Ellmers, Jo Ann Emerson*, Eliot L. Engel, dent’s Executive Order 13522, the union women can accomplish in a society William L. Enyart, Anna G. Eshoo, Elizabeth bosses and the agency heads are H. Esty, Eni F.H. Faleomavaega, Blake that protects our God-given rights with complicit in making these decisions, Farenthold, Sam Farr, Chaka Fattah, Ste- a Constitution that protects that. If we and making them secretly and pri- phen Lee Fincher, Michael G. Fitzpatrick, do that, we can guarantee that Amer- vately while part of the most trans- Charles J. ‘‘Chuck’’ Fleischmann, John ica will stay strong. parent administration in history—we Fleming, Bill Flores, J. Randy Forbes, Jeff Mr. Speaker, I yield back the balance Fortenberry, Bill Foster, Virginia Foxx, Lois were told it was going to be. The union of my time. Frankel, Trent Franks, Rodney P. Freling- bosses and the agency heads making f huysen, Marcia L. Fudge, Tulsi Gabbard, decisions secretly beyond anything Pete P. Gallego, John Garamendi, Joe Gar- that anybody in America can get with LEAVE OF ABSENCE cia, Cory Gardner, Scott Garrett, Jim Ger- a Freedom of Information Act request By unanimous consent, leave of ab- lach, Bob Gibbs, Christopher P. Gibson, Phil is just outrageous. sence was granted to: Gingrey, Louie Gohmert, Bob Goodlatte, Paul A. Gosar, Trey Gowdy, Kay Granger, We need the transparency. And espe- Mr. CUMMINGS (at the request of Ms. cially now that we know the most pow- Sam Graves, Tom Graves, Alan Grayson, Al PELOSI) for today on account of district Green, Gene Green, Tim Griffin, H. Morgan erful, the most feared agency in Amer- work. Griffith, Rau´ l M. Grijalva, Michael G. ica—the IRS—is being co-managed by Mrs. KIRKPATRICK (at the request of Grimm, Brett Guthrie, Luis V. Gutierrez, union bosses, it’s time to clean house. Ms. PELOSI) for today on account of Janice Hahn, Ralph M. Hall, Colleen W. It’s time to get back to smaller govern- daughter’s college graduation. Hanabusa, Richard L. Hanna, Gregg Harper,

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0636 Sfmt 0634 E:\CR\FM\K17MY7.080 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2772 CONGRESSIONAL RECORD — HOUSE May 17, 2013 Andy Harris, Vicky Hartzler, Alcee L. Has- Speier, Chris Stewart, Steve Stivers, Steve ting the Department’s final rule — Draw- tings, Doc Hastings, Denny Heck, Joseph J. Stockman, Marlin A. Stutzman, Eric bridge Operation Regulations; North Caro- Heck, Jeb Hensarling, Jaime Herrera Swalwell, Mark Takano, Lee Terry, Bennie lina Cut, Atlantic Intracoastal Waterway Beutler, Brian Higgins, James A. Himes, G. Thompson, Glenn Thompson, Mike (AIWW), Wrightsville Beach, NC [Docket Rube´n Hinojosa, George Holding, Rush Holt, Thompson, Mac Thornberry, Patrick J. No.: USCG-2013-0197] (RIN: 1625-AA09) re- Michael M. Honda, Steven A. Horsford, Tiberi, John F. Tierney, Scott R. Tipton, ceived May 1, 2013, pursuant to 5 U.S.C. Steny H. Hoyer, Richard Hudson, Tim Dina Titus, Paul Tonko, Niki Tsongas, Mi- 801(a)(1)(A); to the Committee on Transpor- Huelskamp, Jared Huffman, Bill Huizenga, chael R. Turner, Fred Upton, David G. tation and Infrastructure. Randy Hultgren, Duncan Hunter, Robert Valadao, Chris Van Hollen, Juan Vargas, Hurt, Steve Israel, Darrell E. Issa, Sheila Marc A. Veasey, Filemon Vela, Nydia M. 1526. A letter from the Attorney-Advisor, Jackson Lee, Hakeem S. Jeffries, Lynn Jen- Vela´ zquez, Peter J. Visclosky, Ann Wagner, Department of Homeland Security, transmit- kins, Bill Johnson, Eddie Bernice Johnson, Tim Walberg, Greg Walden, Jackie Walorski, ting the Department’s final rule — Safety Henry C. ‘‘Hank’’ Johnson, Jr., Sam John- Timothy J. Walz, Debbie Wasserman Zones; Annual Fireworks Events in the Cap- son, Walter B. Jones, Jim Jordan, David P. Schultz, Maxine Waters, Melvin L. Watt, tain of the Port Buffalo Zone [Docket No.: Joyce, Marcy Kaptur, William R. Keating, Henry A. Waxman, Randy K. Weber, Sr., USCG-2012-1084] (RIN: 1625-AA00) received Mike Kelly, Robin L. Kelly, Joseph P. Ken- Daniel Webster, Peter Welch, Brad R. May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); nedy, III, Daniel T. Kildee, Derek Kilmer, Wenstrup, Lynn A. Westmoreland, Ed Whit- to the Committee on Transportation and In- Ron Kind, Peter T. King, Steve King, Jack field, Roger Williams, Frederica S. Wilson, frastructure. Kingston, Adam Kinzinger, Ann Kirkpatrick, Joe Wilson, Robert J. Wittman, Frank R. 1527. A letter from the Attorney-Advisor, ´ John Kline, Ann M. Kuster, Raul R. Lab- Wolf, Steve Womack, Rob Woodall, John A. Department of Homeland Security, transmit- rador, Doug LaMalfa, Doug Lamborn, Leon- Yarmuth, Kevin Yoder, Ted S. Yoho, C.W. ting the Department’s final rule — Special ard Lance, James R. Langevin, James Bill Young, Don Young, Todd C. Young Local Regulation; Tuscaloosa Dragon Boat Lankford, Rick Larsen, John B. Larson, Tom Races; Black Warrior River; Tuscaloosa, AL Latham, Robert E. Latta, Barbara Lee, f [Docket No.: USCG-2013-0190] (RIN: 1625- Sander M. Levin, John Lewis, Daniel Lipin- EXECUTIVE COMMUNICATIONS, AA08) received May 1, 2013, pursuant to 5 ski, Frank A. LoBiondo, David Loebsack, ETC. U.S.C. 801(a)(1)(A); to the Committee on Zoe Lofgren, Billy Long, Alan S. Lowenthal, Transportation and Infrastructure. Nita M. Lowey, Frank D. Lucas, Blaine Under clause 2 of rule XIV, executive Luetkemeyer, Ben Ray Luja´ n, Michelle communications were taken from the 1528. A letter from the Attorney-Advisor, Lujan Grisham, Cynthia M. Lummis, Ste- Speaker’s table and referred as follows: Department of Homeland Security, transmit- phen F. Lynch, Daniel B. Maffei, Carolyn B. 1519. A letter from the Attorney-Advisor, ting the Department’s final rule — Safety Maloney, Sean Patrick Maloney, Kenny Department of Homeland Security, transmit- Zone; 12th Annual Saltwater Classic; Port Marchant, Tom Marino, Edward J. Markey, ting the Department’s final rule — Safety Canaveral Harbor; Port Canaveral, FL Thomas Massie, Jim Matheson, Doris O. Zone; Atlantic Intracoastal Waterway; [Docket No.: USCG-2013-0200] (RIN: 1625- Matsui, Carolyn McCarthy, Kevin McCarthy, Wrightsville Beach, NC [Docket No.: USCG- AA00) received May 1, 2013, pursuant to 5 Michael T. McCaul, Tom McClintock, Betty 2012-1082] (RIN: 1625-AA00) received May 1, U.S.C. 801(a)(1)(A); to the Committee on McCollum, James P. McGovern, Patrick T. 2013, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. McHenry, Mike McIntyre, Howard P. ‘‘Buck’’ Committee on Transportation and Infra- McKeon, David B. McKinley, Cathy McMor- 1529. A letter from the Attorney-Advisor, structure. Department of Homeland Security, transmit- ris Rodgers, Jerry McNerney, Mark Mead- 1520. A letter from the Attorney-Advisor, ting the Department’s final rule — Safety ows, Patrick Meehan, Gregory W. Meeks, Department of Homeland Security, transmit- Zone; XA The Experimental Agency Fire- Grace Meng, Luke Messer, John L. Mica, Mi- ting the Department’s final rule — Special works, Pier 34, East River, NY [Docket No.: chael H. Michaud, Candice S. Miller, Gary G. Local Regulations; West Palm Beach USCG-2013-0208] (RIN: 1625-AA00) received Miller, George Miller, Jeff Miller, Gwen Triathlon Championship, Intracoastal Wa- May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Moore, James P. Moran, Markwayne Mullin, terway; West Palm Beach, FL [Docket No.: to the Committee on Transportation and In- Mick Mulvaney, Patrick Murphy, Tim Mur- USCG-2012-0552] (RIN: 1625-AA08) received frastructure. phy, Jerrold Nadler, Grace F. Napolitano, May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Richard E. Neal, Gloria Negrete McLeod, to the Committee on Transportation and In- 1530. A letter from the Attorney-Advisor, Randy Neugebauer, Kristi L. Noem, Richard frastructure. Department of Homeland Security, transmit- M. Nolan, Eleanor Holmes Norton, Richard 1521. A letter from the Attorney-Advisor, ting the Department’s final rule — Safety B. Nugent, Devin Nunes, Alan Nunnelee, Department of Homeland Security, transmit- Zone; Fireworks Displays in Captain of the Pete Olson, Beto O’Rourke, William L. ting the Department’s final rule — Safety Port Long Island Sound Zone [Docket No.: Owens, Steven M. Palazzo, Frank Pallone, Zone; Corp. Event Finale UHC, St. Thomas USCG-2013-0227] (RIN: 1625-AA00) received Jr., Bill Pascrell, Jr., Ed Pastor, Erik Paul- Harbor; St. Thomas, U.S.V.I. [Docket No.: May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); sen, Donald M. Payne, Jr., Stevan Pearce, USCG-2013-0086] (RIN: 1625-AA00) received to the Committee on Transportation and In- Nancy Pelosi, Ed Perlmutter, Scott Perry, May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); frastructure. Gary C. Peters, Scott H. Peters, Collin C. to the Committee on Transportation and In- 1531. A letter from the Paralegal Spe- Peterson, Thomas E. Petri, Pedro R. frastructure. Pierluisi, Chellie Pingree, Robert Pittenger, 1522. A letter from the Attorney-Advisor, cialist, Department of Transportation, trans- Joseph R. Pitts, Mark Pocan, Ted Poe, Jared Department of Homeland Security, transmit- mitting the Department’s final rule — Air- Polis, Mike Pompeo, Bill Posey, David E. ting the Department’s final rule — Safety worthiness Directives; Eurocopter Deutsch- Price, Tom Price, Mike Quigley, Trey Radel, Zone; Blue Water Resort & Casino West land GmbH Helicopters [Docket No.: FAA- Nick J. Rahall II, Charles B. Rangel, Tom Coast Nationals; Parker, AZ [Docket No.: 2012-0773; Directorate Identifier 2009-SW-71- Reed, David G. Reichert, James B. Renacci, USCG-2013-0095] (RIN: 1625-AA00) received AD; Amendment 39-17352; AD 2013-03-18] (RIN: Reid J. Ribble, Tom Rice, Cedric L. Rich- May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); 2120-AA64) received May 5, 2013, pursuant to mond, E. Scott Rigell, Martha Roby, David to the Committee on Transportation and In- 5 U.S.C. 801(a)(1)(A); to the Committee on P. Roe, Harold Rogers, Mike Rogers, Mike frastructure. Transportation and Infrastructure. Rogers, Dana Rohrabacher, Todd Rokita, 1523. A letter from the Attonery-Advisor, 1532. A letter from the Paralegal Spe- Thomas J. Rooney, Peter J. Roskam, Ileana Department of Homeland Security, transmit- cialist, Department of Transportation, trans- Ros-Lehtinen, Dennis A. Ross, Keith J. ting the Department’s final rule — Safety mitting the Department’s final rule — Air- Rothfus, Lucille Roybal-Allard, Edward R. Zone; V.I. Carnival Finale, St. Thomas Har- worthiness Directives; Diamond Aircraft In- Royce, Raul Ruiz, Jon Runyan, C. A. Dutch bor; St. Thomas, U.S.V.I. [Docket No.: dustries Airplanes [Docket No.: FAA-2013- Ruppersberger, Bobby L. Rush, Paul Ryan, USCG-2013-0085] (RIN: 1625-AA00) received 0348; Directorate Identifier 2013-CE-005-AD; Mark Sanford, Tim Ryan, Gregorio Kilili May 1, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Amendment 39-17439; AD 2013-08-21] (RIN: Camacho Sablan, Matt Salmon, Linda T. to the Committee on Transportation and In- 2120-AA64) received May 6, 2013, pursuant to Sa´ nchez, Loretta Sanchez, John P. Sarbanes, frastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on Steve Scalise, Janice D. Schakowsky, Adam 1524. A letter from the Attorney-Advisor, Transportation and Infrastructure. B. Schiff, Bradley S. Schneider, Aaron Department of Homeland Security, transmit- Schock, Kurt Schrader, Allyson Y. Schwartz, ting the Department’s final rule — Special 1533. A letter from the Paralegal Spe- David Schweikert, Austin Scott, David Local Regulations; Moss Point Rockin’ the cialist, Department of Transportation, trans- Scott, Robert C. ‘‘Bobby’’ Scott, F. James Riverfront Festival; Robertson Lake & mitting the Department’s final rule — Air- Sensenbrenner, Jr., Jose´ E. Serrano, Pete O’Leary Lake; Moss Point, MS [Docket No.: worthiness Directives; Cessna Aircraft Com- Sessions, Terri A. Sewell, Carol Shea-Porter, USCG-2013-0015] (RIN: 1625-AA08) received pany Airplanes [Docket No.: FAA-2004-18033; Brad Sherman, John Shimkus, Bill Shuster, May 1, 2013, pursuant to 5 U.S.C. 801(a)(1)(A); Directorate Identifier 2004-CE-16-AD; Amend- Michael K. Simpson, Kyrsten Sinema, Albio to the Committee on Transportation and In- ment 39-17400; AD 2004-21-08 R1] (RIN: 2120- Sires, Louise McIntosh Slaughter, Adam frastructure. AA64) received May 6, 2013, pursuant to 5 Smith, Adrian Smith, Christopher H. Smith, 1525. A letter from the Attorney-Advisor, U.S.C. 801(a)(1)(A); to the Committee on Lamar Smith, Steve Southerland II, Jackie Department of Homeland Security, transmit- Transportation and Infrastructure.

VerDate Mar 15 2010 05:12 May 18, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.041 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE May 17, 2013 CONGRESSIONAL RECORD — HOUSE H2773 REPORTS OF COMMITTEES ON ferred to the Committee of the Whole House Mr. HASTINGS of Washington: Committee PUBLIC BILLS AND RESOLUTIONS on the state of the Union. on Natural Resources. H.R. 251. A bill to di- Mr. HASTINGS of Washington: Committee rect the Secretary of the Interior to convey Under clause 2 of rule XIII, reports of on Natural Resources. H.R. 1156. A bill to au- certain Federal features of the electric dis- committees were delivered to the Clerk thorize the Secretary of the Interior to ad- tribution system to the South Utah Valley for printing and reference to the proper just the boundary of the Stephen Mather Electric Service District, and for other pur- calendar, as follows: Wilderness and the North Cascades National poses (Rept. 113–78). Referred to the Com- Mr. UPTON: Committee on Energy and Park in order to allow the rebuilding of a mittee of the Whole House on the state of Commerce. H.R. 3. A bill to approve the con- road outside of the floodplain while ensuring the Union. struction, operation, and maintenance of the that there is no net loss of acreage to the Mr. HASTINGS of Washington: Committee Keystone XL pipeline, and for other purposes Park or the Wilderness, and for other pur- on Natural Resources. H.R. 330. A bill to des- (Rept. 113–61 Pt. 1). Ordered to be printed. poses (Rept. 113–69). Referred to the Com- ignate a Distinguished Flying Cross National Mr. HASTINGS of Washington: Committee mittee of the Whole House on the state of Memorial at the March Field Air Museum in on Natural Resources. H.R. 3. A bill to ap- the Union. Riverside, California (Rept. 113–79). Referred Mr. HASTINGS of Washington: Committee prove the construction, operation, and main- to the House Calendar. on Natural Resources. H.R. 885. A bill to ex- tenance of the Keystone XL pipeline, and for Mr. HASTINGS of Washington: Committee pand the boundary of San Antonio Missions other purposes (Rept. 113–61 Pt. 2). Referred on Natural Resources. H.R. 462. A bill to re- National Historical Park, to conduct a study to the Committee of the Whole House on the quire the conveyance of certain public land of potential land acquisitions, and for other state of the Union. within the boundaries of Camp Williams, purposes; with amendments (Rept. 113–70). Mr. SHUSTER: Committee on Transpor- Utah, to support the training and readiness Referred to the Committee of the Whole tation and Infrastructure. H.R. 3. A bill to of the Utah National Guard (Rept. 113–80). House on the state of the Union. Referred to the Committee of the Whole approve the construction, operation, and Mr. HASTINGS of Washington: Committee maintenace of the Keystone XL pipeline, and House on the state of the Union. on Natural Resources. H.R. 934. A bill to Mr. HASTINGS of Washington: Committee for other purposes (Rept. 113–61 Pt. 3). Re- amend the Wild and Scenic Rivers Act referred to the Committee of the Whole House on Natural Resources. H.R. 520. A bill to au- lated to a segment of the Lower Merced thorize the Secretary of the Interior to con- on the state of the Union. River in California, and for other purposes Mr. MILLER of Florida: Committee on duct a study of alternatives for commemo- (Rept. 113–71). Referred to the Committee of rating and interpreting the role of the Buf- Veterans’ Affairs. H.R. 570. A bill to amend the Whole House on the state of the Union. title 38, United States Code, to provide for falo Soldiers in the early years of the Na- Mr. HASTINGS of Washington: Committee tional Parks, and for other purposes (Rept. annual cost-of-living adjustments to be made on Natural Resources. H.R. 674. A bill to au- automatically by law each year in the rates 113–81). Referred to the Committee of the thorize the Secretary of the Interior to study Whole House on the state of the Union. of disability compensation for veterans with the suitability and feasibility of designating service-connected disabilities and the rates prehistoric, historic, and limestone forest f of dependency and indemnity compensation sites on Rota, Commonwealth of the North- PUBLIC BILLS AND RESOLUTIONS for survivors of certain service-connected ern Mariana Islands, as a unit of the Na- disabled veterans (Rept. 113–62). Referred to tional Park System (Rept. 113–72). Referred Under clause 2 of rule XII, public the Committee of the Whole House on the to the Committee of the Whole House on the bills and resolutions of the following state of the Union. state of the Union. Mr. MILLER of Florida: Committee on titles were introduced and severally re- Mr. HASTINGS of Washington: Committee ferred, as follows: Veterans’ Affairs. H.R. 671. A bill to amend on Natural Resources. H.R. 723. A bill to title 38, United States Code, to improve the amend the Wild and Scenic Rivers Act to By Mr. GUTHRIE (for himself, Mr. disability compensation evaluation proce- designate a segment of the Beaver, Chipuxet, LOEBSACK, and Ms. JENKINS): dure of the Secretary of Veterans Affairs for Queen, Wood, and Pawcatuck Rivers in the H.R. 2041. A bill to modify the definition of veterans with mental health conditions re- States of Connecticut and Rhode Island for fiduciary under the Employee Retirement lated to military sexual trauma, and for study for potential addition to the National Income Security Act of 1974 to exclude ap- other purposes; with amendments (Rept. 113– Wild and Scenic Rivers System, and for praisers of employee stock ownership plans; 63). Referred to the Committee of the Whole other purposes (Rept. 113–73). Referred to the to the Committee on Education and the House on the state of the Union. Committee of the Whole House on the state Workforce. Mr. MILLER of Florida: Committee on of the Union. By Mr. MCKINLEY (for himself, Mr. Veterans’ Affairs. H.R. 1412. A bill to im- Mr. HASTINGS of Washington: Committee BEN RAY LUJA´ N of New Mexico, Mr. prove and increase the availability of on-job on Natural Resources. H.R. 829. A bill to CARSON of Indiana, and Mr. TONKO): training and apprenticeship programs car- amend the Wild and Scenic Rivers Act to H.R. 2042. A bill to amend the Internal Rev- ried out by the Secretary of Veterans Af- designate a segment of Illabot Creek in enue Code of 1986 to increase the rehabilita- fairs, and for other purposes; with an amend- Skagit County, Washington, as a component tion credit for commercial buildings and to ment (Rept. 113–64). Referred to the Com- of the National Wild and Scenic Rivers Sys- provide a rehabilitation credit for principal mittee of the Whole House on the state of tem; with an amendment (Rept. 113–74). Re- residences; to the Committee on Ways and the Union. ferred to the Committee of the Whole House Means. Mr. HASTINGS of Washington: Committee on the state of the Union. By Mr. CICILLINE (for himself, Ms. on Natural Resources. H.R. 993. A bill to pro- Mr. HASTINGS of Washington: Committee WILSON of Florida, Mr. ENYART, Mr. vide for the conveyance of certain parcels of on Natural Resources. H.R. 862. A bill to au- WELCH, Ms. MCCOLLUM, Ms. National Forest System land to the city of thorize the conveyance of two small parcels HANABUSA, Mr. LANGEVIN, Mr. NAD- Fruit Heights, Utah (Rept. 113–65). Referred of land within the boundaries of the LER, and Mr. CONNOLLY): to the Committee of the Whole House on the Coconino National Forest containing private H.R. 2043. A bill to provide for the estab- state of the Union. improvements that were developed based lishment of a Commission on the Advance- Mr. HASTINGS of Washington: Committee upon the reliance of the landowners in an er- ment of Social Enterprise; to the Committee on Natural Resources. H.R. 1208. A bill to es- roneous survey conducted in May 1960 (Rept. on Oversight and Government Reform. tablish the Manhattan Project National His- 113–75). Referred to the Committee of the By Mr. ELLISON (for himself, Mr. torical Park in Oak Ridge, Tennessee, Los Whole House on the state of the Union. DEFAZIO, Mr. GRIJALVA, Ms. MCCOL- Alamos, New Mexico, and Hanford, Wash- Mr. HASTINGS of Washington: Committee LUM, Mr. MORAN, and Ms. SCHA- ington, and for other purposes (Rept. 113–66). on Natural Resources. H.R. 876. A bill to au- KOWSKY): Referred to the Committee of the Whole thorize the continued use of certain water di- H.R. 2044. A bill to prohibit the use, pro- House on the state of the Union. versions located on National Forest System duction, sale, importation, or exportation of Mr. HASTINGS of Washington: Committee land in the Frank Church-River of No Return any pesticide containing atrazine; to the on Natural Resources. H.R. 1206. A bill to Wilderness and the Selway-Bitterroot Wil- Committee on Agriculture, and in addition grant the Secretary of the Interior perma- derness in the State of Idaho, and for other to the Committees on Energy and Com- nent authority to authorize States to issue purposes (Rept. 113–76). Referred to the Com- merce, Ways and Means, and Foreign Affairs, electronic duck stamps, and for other pur- mittee of the Whole House on the state of for a period to be subsequently determined poses (Rept. 113–67). Referred to the Com- the Union. by the Speaker, in each case for consider- mittee of the Whole House on the state of Mr. HASTINGS of Washington: Committee ation of such provisions as fall within the ju- the Union. on Natural Resources. H.R. 126. A bill to di- risdiction of the committee concerned. Mr. HASTINGS of Washington: Committee rect the Secretary of the Interior to enter By Mr. FLEMING (for himself, Mr. on Natural Resources. H.R. 1158. A bill to di- into an agreement to provide for manage- ROONEY, Mr. CHABOT, Mr. CULBERSON, rect the Secretary of the Interior to con- ment of the free-roaming wild horses in and and Mr. BENISHEK): tinue stocking fish in certain lakes in the around the Currituck National Wildlife Ref- H.R. 2045. A bill to prohibit officers and North Cascades National Park, Ross Lake uge (Rept. 113–77). Referred to the Com- employees of the Internal Revenue Service National Recreation Area, and Lake Chelan mittee of the Whole House on the state of from initiating any new audits for 180 days; National Recreation Area (Rept. 113–68). Re- the Union. to the Committee on Ways and Means.

VerDate Mar 15 2010 03:47 May 18, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0636 Sfmt 0634 E:\CR\FM\A17MY7.004 H17MYPT1 smartinez on DSK6TPTVN1PROD with HOUSE H2774 CONGRESSIONAL RECORD — HOUSE May 17, 2013 By Mr. GIBBS (for himself and Mr. Against Homophobia and Transphobia; to By Mr. FLEMING: SCHWEIKERT): the Committee on Foreign Affairs, and in ad- H.R. 2045. H.R. 2046. A bill to protect the right of in- dition to the Committees on Energy and Congress has the power to enact this legis- dividuals to bear arms at water resources de- Commerce, and Education and the Work- lation pursuant to the following: velopment projects administered by the Sec- force, for a period to be subsequently deter- The constitutional authority of Congress retary of the Army, and for other purposes; mined by the Speaker, in each case for con- to enact this legislation is provided by to the Committee on Transportation and In- sideration of such provisions as fall within Amendment 16 of the U.S. Constitution, frastructure. the jurisdiction of the committee concerned. which grants Congress the power to lay and By Mr. ISRAEL (for himself and Mr. By Mr. MEEKS (for himself, Mr. BOU- collect taxes on incomes, from whatever CARTWRIGHT): STANY, Mr. CLEAVER, Mr. DEUTCH, Mr. source derived, without apportionment H.R. 2047. A bill to amend title II of the So- ENGEL, Mr. FALEOMAVAEGA, Mr. FOR- among the several States, and without re- cial Security Act to eliminate the five- TENBERRY, Mr. GRIMM, Mr. HASTINGS gard to any census or enumeration. month waiting period in the disability insur- of Florida, Mrs. LOWEY, Mr. MORAN, By Mr. GIBBS: ance program, and for other purposes; to the Mr. SCHIFF, and Mr. WEBER of Texas): H.R. 2046. Committee on Ways and Means. H. Res. 222. A resolution recognizing the Congress has the power to enact this legis- By Mr. ISRAEL: long-term partnership and friendship be- lation pursuant to the following: H.R. 2048. A bill to amend the Internal Rev- tween the United States and the Hashemite Article I, Section 8 of the United States enue Code of 1986 to improve the dependent Kingdom of Jordan, working together to- care credit by repealing the phasedown of Constitution and the Second Amendment wards peace and security in the Middle East; the credit percentage; to the Committee on which states: A well regulated Militia, being to the Committee on Foreign Affairs. Ways and Means. necessary to the security of a free State, the By Mr. MORAN: By Mr. POSEY: right of the people to keep and bear Arms, H.R. 2049. A bill to ensure that all of H. Res. 223. A resolution expressing the shall not be infringed. Brevard County, Florida, is treated as a sense of the House of Representatives con- By Mr. ISRAEL: HUBZone, and for other purposes; to the cerning the ongoing conflict in Syria and the H.R. 2047. Committee on Small Business. urgent need for the Syrian Opposition Coali- Congress has the power to enact this legis- By Mr. ROSS: tion and local coordinating committees in lation pursuant to the following: H.R. 2050. A bill to ensure the timely Syria to assume the responsibilities of gov- Article I, Section 8, Clause 1 of the United issuance of regulations by Federal agencies; ernance including the establishment of insti- States Constitution to the Committee on Oversight and Govern- tutions of transitional justice, and to guar- By Mr. ISRAEL: ment Reform. antee the rights of all Syria’s people, regard- H.R. 2048. By Mr. VEASEY (for himself, Mr. GENE less of ethnic or religious affiliation; to the Congress has the power to enact this legis- GREEN of Texas, and Mr. GRIJALVA): Committee on Foreign Affairs. lation pursuant to the following: H.R. 2051. A bill to amend the Internal Rev- By Ms. WILSON of Florida (for herself, Article I, Section 8, Clause 1 of the United enue Code of 1986 to assist in the support of Ms. WATERS, Mr. CONYERS, Ms. States Constitution children living in poverty by allowing a re- CLARKE, and Ms. JACKSON LEE): By Mr. POSEY: fundable credit to grandparents of those chil- H. Res. 224. A resolution expressing the H.R. 2049. dren for the purchase household items for sense of the House of Representatives that a Congress has the power to enact this legis- the benefit of those children, and for other ‘‘Haitian-American Heritage Month’’ should lation pursuant to the following: purposes; to the Committee on Ways and be established in recognition of the contribu- Article 1, Section 8, Clause 3 Means. tions of the Haitian people to the history By Mr. ROSS: By Mr. CROWLEY (for himself and Mr. and culture of the United States; to the H.R. 2050. KING of New York): Committee on Oversight and Government Congress has the power to enact this legis- H.J. Res. 46. A joint resolution approving Reform. lation pursuant to the following: the renewal of import restrictions contained f Article I, Section 8—All legislative Powers in the Burmese Freedom and Democracy Act herein granted shall be vested in a Congress of 2003, and for other purposes; to the Com- CONSTITUTIONAL AUTHORITY of the United States, which shall consist of a mittee on Ways and Means. STATEMENT Senate and House of Representatives—To By Ms. BORDALLO (for herself, Mr. Pursuant to clause 7 of rule XII of make all Laws which shall be necessary and BERA of California, Mrs. proper for carrying into Execution the fore- CHRISTENSEN, Ms. CHU, Mr. the Rules of the House of Representa- tives, the following statements are sub- going Powers, and all other Powers vested by FALEOMAVAEGA, Mr. GRIJALVA, Mr. this Constitution in the Government of the HIMES, Ms. LEE of California, Mr. mitted regarding the specific powers United States, or in any Department or Offi- LOWENTHAL, Ms. MCCOLLUM, Mr. granted to Congress in the Constitu- cer thereof. PETERS of California, Mr. PIERLUISI, tion to enact the accompanying bill or By Mr. VEASEY: Mr. RANGEL, Mr. SABLAN, Mr. SMITH joint resolution. H.R. 2051. of Washington, Ms. SPEIER, and Mr. By Mr. GUTHRIE: Congress has the power to enact this legis- TAKANO): H.R. 2041. lation pursuant to the following: H. Res. 219. A resolution supporting the Congress has the power to enact this legis- Clause 1, Section 8 of Article 1 of the goals and ideals of National Asian and Pa- lation pursuant to the following: United States Constitution which reads: cific Islander HIV/AIDS Awareness Day; to Article I, Section 8, Clause 3 ‘‘The Congress shall have Power to lay and the Committee on Energy and Commerce. To regulate Commerce with foreign Na- collect Taxes, Duties, Imposts, and Excises, By Mr. HASTINGS of Florida (for him- tions, and among the several States, and to pay the Debts, and provide for the com- self, Mr. LEWIS, Mr. CONNOLLY, Mr. with the Indian Tribes; mon Defense and General Welfare of the FARR, Ms. NORTON, Mr. RUSH, Mr. By Mr. MCKINLEY: United States; but all Duties and Imposts ELLISON, Ms. MCCOLLUM, Mr. GRI- H.R. 2042. and Excises shall be uniform throughout the JALVA, Mr. BLUMENAUER, and Ms. Congress has the power to enact this legis- United States.’’ BORDALLO): lation pursuant to the following: H. Res. 220. A resolution expressing the By Mr. CROWLEY: According to Article I, Section 8, Clause 3 H.J. Res. 46. sense of the House of Representatives regard- of the Constitution: The Congress shall have ing the contributions of the Convention on Congress has the power to enact this legis- power to enact this legislation to regulate lation pursuant to the following: International Trade in Endangered Species commerce with foreign nations, and among of Wild Fauna and Flora; to the Committee Clause 3 of section 8 of article I of the Con- the several states, and with the Indian stitution. on Foreign Affairs. tribes. By Ms. LEE of California (for herself, By Mr. CICILLINE: f Mr. CICILLINE, Mr. POLIS, Mr. POCAN, H.R. 2043. Mr. MORAN, Mr. SEAN PATRICK MALO- Congress has the power to enact this legis- ADDITIONAL SPONSORS NEY of New York, Mr. TAKANO, Ms. lation pursuant to the following: Under clause 7 of rule XII, sponsors HAHN, Mr. ENGEL, Mr. SCHIFF, Ms. Article I, section 8. were added to public bills and resolu- MCCOLLUM, Mr. PALLONE, Mr. By Mr. ELLISON: tions as follows: VARGAS, Mr. SMITH of Washington, H.R. 2044. Mr. CARSON of Indiana, Mr. TONKO, Congress has the power to enact this legis- H.R. 3: Mr. LANKFORD. Ms. SCHAKOWSKY, Mr. VEASEY, Ms. lation pursuant to the following: H.R. 7: Mr. HALL, Mr. PITTENGER, Mr. NORTON, Ms. KUSTER, Mr. Article 1, Section 8, Clause 1 of the United DESJARLAIS, and Mr. LUETKEMEYER. LOWENTHAL, Mrs. CHRISTENSEN, Mr. States Constitution H.R. 25: Mr. ROONEY. HASTINGS of Florida, Mr. GUTIERREZ, Article 1, Section 8, Clause 3 of the United H.R. 32: Mr. KENNEDY, Ms. MCCOLLUM, and and Mr. LARSEN of Washington): States Constitution Mr. CRAMER. H. Res. 221. A resolution supporting the Article 1, Section 8, Clause 18 of the United H.R. 241: Mr. MULLIN. goals and ideals of the International Day States Constitution H.R. 311: Mr. FORTENBERRY.

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H.R. 312: Mr. SWALWELL of California. H.R. 1288: Ms. BONAMICI, Mr. HORSFORD, H.R. 1896: Mr. SCHOCK. H.R. 333: Ms. KUSTER, Mr. KENNEDY, and and Ms. SHEA-PORTER. H.R. 1907: Ms. HAHN and Mr. MARKEY. Ms. DELBENE. H.R. 1313: Mr. MULLIN. H.R. 1918: Mr. LUETKEMEYER and Mr. H.R. 402: Mr. GIBBS. H.R. 1339: Mr. RIBBLE. DOYLE. H.R. 419: Mr. FLORES. H.R. 1344: Mr. O’ROURKE. H.R. 1919: Mr. OLSON, Mr. LONG, and Mr. H.R. 430: Mrs. LOWEY. H.R. 1346: Mr. HASTINGS of Florida. LATHAM. H.R. 474: Mr. NOLAN. H.R. 1360: Mr. LATHAM. H.R. 1922: Mr. FINCHER. H.R. 503: Mr. COTTON and Mr. HARRIS. H.R. 1413: Mr. CARTWRIGHT and Ms. SHEA- H.R. 1946: Mr. CICILLINE. H.R. 519: Ms. SHEA-PORTER, Mr. DANNY K. PORTER. H.R. 1950: Mr. MILLER of Florida, Mr. GUTH- DAVIS of Illinois, Mr. COURTNEY, and Mr. H.R. 1424: Mr. GARAMENDI and Mr. RIE, Mr. UPTON, Mr. FORBES, Mr. GRIFFITH of JEFFRIES. MICHAUD. Virginia, and Mr. SENSENBRENNER. H.R. 523: Mr. BRIDENSTINE, Mr. CRAWFORD, OGERS H.R. 1427: Mr. R of Michigan. H.R. 1961: Mr. COHEN. Mr. ADERHOLT, Mr. MURPHY of Florida, and H.R. 1428: Ms. PINGREE of Maine and Mr. H.R. 1971: Mr. AMODEI and Mr. NUNNELEE. Mrs. WAGNER. COURTNEY. H.R. 1972: Mr. GARDNER. H.R. 524: Mr. YOUNG of Alaska. H.R. 1441: Mr. FARENTHOLD. H.R. 1975: Mr. LEWIS, Ms. FRANKEL of Flor- H.R. 574: Mr. LATHAM. H.R. 1464: Mr. CARTWRIGHT. ida, Mr. SWALWELL of California, and Mr. H.R. 594: Mr. POSEY. H.R. 1466: Mr. COURTNEY and Mr. CART- POLIS. H.R. 627: Ms. DUCKWORTH. WRIGHT. H.R. 1979: Mr. CICILLINE. H.R. 644: Mr. GERLACH. H.R. 1475: Mr. BENTIVOLIO. H.R. 1984: Mr. STIVERS. H.R. 685: Mr. YOUNG of Indiana, Mr. H.R. 1502: Mr. YOHO. MCCAUL, Mr. LAMALFA, and Mr. ROGERS of H.R. 1521: Ms. SCHWARTZ, Ms. FRANKEL of H.R. 1985: Mr. JOHNSON of Ohio. Kentucky. Florida, and Ms. LEE of California. H.R. 1992: Mr. LANCE, Mr. PRICE of Georgia, H.R. 693: Mr. CARTWRIGHT and Ms. FOXX. H.R. 1528: Mr. RIGELL, Mr. GIBSON, Ms. JEN- Mr. MEADOWS, and Mr. LAMBORN. H.R. 721: Mr. MILLER of Florida. KINS, and Mr. MCGOVERN. H.R. 1993: Mr. FRANKS of Arizona, Mrs. H.R. 755: Mr. SAM JOHNSON of Texas, Mr. H.R. 1563: Mr. DENT, Mr. KELLY of Pennsyl- BLACKBURN, Mr. CULBERSON, Mr. JONES, Mr. CARTER, Mr. MARCHANT, and Mr. WILLIAMS. vania, Mr. WHITFIELD, Mr. MEEHAN, Mr. NUNNELEE, Mr. MULLIN, Mr. LANKFORD, Mr. H.R. 763: Mr. FLEMING, Mr. JORDAN, Mr. HOLDING, Mr. LOEBSACK, and Mr. BONNER. GRIFFITH of Virginia, Mr. HURT, Mr. BROUN THOMPSON of Pennsylvania, Mr. MARINO, Mr. H.R. 1565: Mr. HORSFORD and Mr. RUIZ. of Georgia, Mrs. BACHMANN, Mr. HULTGREN, YOUNG of Alaska, Mr. AMODEI, Mr. MCKEON, H.R. 1566: Mr. STIVERS. Mr. SESSIONS, Mr. KING of Iowa, Mr. HOLD- Mr. COBLE, Mr. MURPHY of Florida, and Mr. H.R. 1573: Mr. DUNCAN of Tennessee. ING, Mr. LOBIONDO, Mr. GIBSON, Mr. WILSON CHAFFETZ. H.R. 1587: Mr. PERRY. of South Carolina, Mr. FLEISCHMANN, Mrs. H.R. 808: Mr. LEWIS. H.R. 1588: Mr. O’ROURKE and Mr. HARTZLER, Mr. WOMACK, Mr. POMPEO, Mr. H.R. 820: Mr. TIERNEY. LOWENTHAL. WITTMAN, Mr. CALVERT, Mr. COOK, Mr. H.R. 847: Mr. SERRANO and Ms. SHEA-POR- H.R. 1593: Mr. MAFFEI, Mrs. BUSTOS, Mr. REICHERT, Mr. GOHMERT, Mr. NEUGEBAUER, TER. COURTNEY, Mr. PASCRELL, Mr. RUIZ, Ms. Mr. PEARCE, Mr. THOMPSON of Pennsylvania, H.R. 875: Mr. HARRIS and Mr. JONES. KELLY of Illinois, and Mrs. BEATTY. Mr. LAMBORN, Mr. RIGELL, Mr. WALBERG, Mr. H.R. 903: Mr. ROSKAM. H.R. 1616: Mr. VAN HOLLEN and Mr. TONKO. POSEY, Mr. WEBSTER of Florida, Mr. CON- H.R. 911: Mr. DUNCAN of Tennessee, Mr. H.R. 1626: Mr. HUIZENGA of Michigan. AWAY, Mr. GRAVES of Missouri, Mr. HARPER, VARGAS, Mr. SMITH of New Jersey, and Mr. H.R. 1634: Mr. MURPHY of Florida. Mr. MCCLINTOCK, and Mr. COBLE. PETERS of California. H.R. 1640: Mr. RUIZ. H.R. 2000: Ms. CLARKE, Mr. HARRIS, Mr. H.R. 915: Mr. HANNA. H.R. 1648: Ms. EDDIE BERNICE JOHNSON of TONKO, and Ms. FRANKEL of Florida. H.R. 924: Ms. MCCOLLUM. Texas. H.R. 2002: Mr. RUSH, Mr. BONNER, Mr. H.R. 938: Mr. LEVIN, Mr. RADEL, Mr. MCIN- H.R. 1652: Mr. YARMUTH. OWENS, and Mr. FRELINGHUYSEN. TYRE, Mr. GINGREY of Georgia, Mr. H.R. 1666: Mr. LATHAM. H.R. 2003: Ms. MCCOLLUM, Mr. GRIJALVA, HUELSKAMP, Mr. DEFAZIO, Mr. ROTHFUS, Mr. H.R. 1690: Mr. VALADAO, Mr. FITZPATRICK, Ms. NORTON, Ms. BORDALLO, and Mr. HAS- REED, Mr. KLINE, Mr. SAM JOHNSON of Texas, and Mr. HASTINGS of Florida. TINGS of Florida. Mr. RANGEL, Mr. MILLER of Florida, Mr. H.R. 1701: Mr. LATHAM and Mr. NUGENT. H.R. 2009: Mr. OLSON, Mr. ROHRABACHER, CLEAVER, Mr. POMPEO, Mr. ROE of Tennessee, H.R. 1703: Mr. ROE of Tennessee. Mr. BUCSHON, Mr. BISHOP of Utah, Mr. COT- Mr. THOMPSON of California, and Mr. KILDEE. H.R. 1726: Mr. GUTIERREZ. TON, Mr. BENTIVOLIO, Mr. BRIDENSTINE, Mr. H.R. 942: Ms. SINEMA, Mr. MCGOVERN, Mr. H.R. 1745: Mr. FITZPATRICK and Mr. COHEN. HECK of Nevada, Mr. ROONEY, Mr. PETERSON, Mrs. BLACKBURN, Mr. COFFMAN, H.R. 1750: Mr. FARENTHOLD. HUELSKAMP, Mr. WALBERG, Mr. GOSAR, Mr. Mr. CUMMINGS, Mr. NUNNELEE, and Mr. H.R. 1756: Mr. ROSS, Ms. WILSON of Florida, LANKFORD, and Mr. LUETKEMEYER. BUTTERFIELD. Mr. ENYART, Mr. GIBSON, and Mr. GOHMERT. H.R. 2010: Mrs. BROOKS of Indiana. H.R. 956: Mr. LOEBSACK, Mr. KLINE, Mr. H.R. 1759: Mr. MURPHY of Florida. H.R. 2014: Mr. MASSIE, Mr. DUNCAN of DOYLE, and Mr. CUMMINGS. H.R. 1798: Mr. YOUNG of Florida and Mr. South Carolina, Mr. GIBSON, Mr. HUELSKAMP, H.R. 958: Mr. SWALWELL of California. VARGAS. Mr. JONES, and Mr. GRIFFITH of Virginia. H.R. 983: Mr. RICHMOND. H.R. 1809: Mr. MURPHY of Florida. H.R. 2025: Mr. SALMON. H.R. 1814: Mr. TONKO, Mr. BROUN of Geor- H.R. 1015: Mr. CARSON of Indiana, Mr. H.R. 2026: Mr. YOUNG of Alaska and Mr. gia, Mr. COOPER, Mr. BRADY of Texas, Ms. POLIS, and Mr. THOMPSON of Pennsylvania. WESTMORELAND. H.R. 1077: Ms. JENKINS, Mr. GENE GREEN of TITUS, and Mr. COOK. H.R. 2030: Ms. MOORE and Mr. CONYERS. Texas, Mr. PAULSEN, Mr. BISHOP of Georgia, H.R. 1823: Mr. HORSFORD, Mr. MATHESON, H.R. 2036: Ms. MOORE, Mr. POCAN, and Mr. Mr. JOHNSON of Ohio, Mr. MARCHANT, Mr. and Mr. GRIJALVA. DOGGETT. FITZPATRICK, Mr. MATHESON, Mr. SENSEN- H.R. 1825: Mr. FARENTHOLD and Mr. H.J. Res. 44: Mr. CARTWRIGHT. BRENNER, and Mr. COFFMAN. NUGENT. H. Con. Res. 3: Mr. MCCLINTOCK. H.R. 1079: Mr. DEFAZIO. H.R. 1826: Mr. BURGESS. H. Con. Res. 16: Ms. SHEA-PORTER, Mr. H.R. 1098: Mr. TONKO. H.R. 1830: Mr. COURTNEY, Mr. HIMES, and RENACCI, and Mr. BARTON. H.R. 1124: Mr. VEASEY. Mr. REED. H. Con. Res. 34: Ms. CLARKE, Ms. KELLY of H.R. 1125: Mr. RODNEY DAVIS of Illinois. H.R. 1832: Mr. COHEN. C ARTHY H.R. 1129: Mr. RICE of South Carolina and H.R. 1847: Mr. JORDAN and Mr. BURGESS. Illinois, Mrs. M C of New York, and ARSEN Mr. LUETKEMEYER. H.R. 1861: Mr. HARRIS. Mr. L of Washington. H.R. 1140: Mr. DELANEY. H.R. 1864: Mr. FARENTHOLD, Mr. BARBER, H. Res. 35: Mr. HALL, Mr. KLINE, and Mr. H.R. 1145: Ms. ESHOO and Mr. SCHIFF. Mr. COFFMAN, and Mrs. ELLMERS. GRAVES of Missouri. H.R. 1146: Mr. DESJARLAIS. H.R. 1869: Mrs. LUMMIS, Mr. LANKFORD, Mr. H. Res. 104: Mrs. NAPOLITANO and Mr. H.R. 1151: Mr. HUIZENGA of Michigan and YOHO, Mr. RICE of South Carolina, Mrs. CLEAVER. Mr. FLORES. BLACKBURN, Mr. RIGELL, and Mr. YOUNG of H. Res. 106: Mr. ROHRABACHER. H.R. 1155: Mr. PEARCE and Mr. GRAVES of Indiana. H. Res. 118: Ms. WILSON of Florida. Georgia. H.R. 1876: Mrs. KIRKPATRICK and Mr. H. Res. 182: Mr. COURTNEY. H.R. 1180: Mr. VELA, Mr. KILMER, and Mr. POCAN. H. Res. 206: Mr. NUNNELEE. BISHOP of Georgia. H.R. 1878: Mr. TONKO and Mr. KING of New H. Res. 213: Mr. GRIJALVA, Ms. CHU, Mr. H.R. 1205: Mr. GUTHRIE. York. LYNCH, Mr. CAPUANO, Mr. COOPER, Mr. KIND, H.R. 1214: Mr. CULBERSON. H.R. 1883: Mr. PETERSON and Mr. WEBER of and Mr. VAN HOLLEN. H.R. 1222: Mr. SABLAN. Texas. H. Res. 217: Mr. HUIZENGA of Michigan. H.R. 1250: Ms. LORETTA SANCHEZ of Cali- H.R. 1890: Mr. DEFAZIO, Ms. CHU, and Mrs. H. Res. 218: Mr. POE of Texas, Mr. MCGOV- fornia. DAVIS of California. ERN, and Mr. WOLF.

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