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

Vol. 163 WASHINGTON, THURSDAY, JANUARY 12, 2017 No. 8 House of Representatives The House met at 10 a.m. and was You could see all of her legs, and it struck Mr. Speaker, America cannot ignore called to order by the Speaker pro tem- me as odd because she was so very young. sex trafficking in this country. Individ- pore (Mr. VALADAO). What happened next was even more uals, citizens, no matter who they are, f disturbing to him. One of the women need to be able to recognize what is passengers in the vehicle said to the taking place amongst sex trafficking. DESIGNATION OF SPEAKER PRO young girl in a controlling, coaching What happened in Sacramento with TEMPORE voice: this child is not an isolated incident. The SPEAKER pro tempore laid be- First thing you do, you ask this question: This incident just happened to end well fore the House the following commu- Do you have any weapons? When you’re hug- because someone saw something and nication from the Speaker: ging him, just ask, ‘‘Do you have any weap- said something. ons?’’ Pat him down. Pat him down while Last Congress, we took the historic WASHINGTON, DC, you’re hugging on him. Get the money first. step of passing several pieces of com- January 12, 2017. Before you start touching him, go in there, prehensive, bipartisan trafficking leg- I hereby appoint the Honorable DAVID G. get the money first. VALADAO to act as Speaker pro tempore on islation, supported by most Members of this day. Avila, a father himself, knew some- the House of Representatives and the PAUL D. RYAN, thing was not right about that con- Senate. Speaker of the House of Representatives. versation. The two older women taking One of those bills was my own and f a girl inappropriately dressed to a CAROLYN MALONEY’s, the Justice for hotel, talking about exchanging Victims of Trafficking Act. This bill MORNING-HOUR DEBATE money, did not make sense to him. did a number of things, but most im- The SPEAKER pro tempore. Pursu- This had the hallmark of sex traf- portantly, it went after the root prob- ant to the order of the House of Janu- ficking. He later said to police: lem: the demand, the customer that buys minors on the marketplace of sex ary 3, 2017, the Chair will now recog- I was 100 percent sure I knew what was nize Members from lists submitted by happening. trafficking. the majority and minority leaders for The bill did a lot of other things to So Avila dropped off the three indi- help promote the enforcement of the morning-hour debate. viduals at the Holiday Inn Express and The Chair will alternate recognition sex trafficking laws in America. The immediately called the police, even Justice for Victims of Trafficking Act between the parties, with each party though he didn’t have to. He alerted limited to 1 hour and each Member also went after the trafficker as well as them that there was a child sex traf- rescuing the victim, and, of course, it other than the majority and minority ficking occurring right under their leaders and the minority whip limited prosecuted the buyers. noses. The bill also set up a fund to pay for to 5 minutes, but in no event shall de- The two alleged women traffickers grants to help the victims and victim bate continue beyond 11:50 a.m. were later identified as 25-year-old Des- shelters and to educate police. The f tiny Pettway and 31-year-old Maria fund is funded by money that goes into SEX TRAFFICKING Westley. They now have been charged that fund by fees, ordered by Federal with pimping and threatening a minor. judges. In other words, let the crimi- The SPEAKER pro tempore. The The buyer, 20-year-old Disney Vang, nals pay the rent on the courthouse Chair recognizes the gentleman from was also arrested and charged by the and pay for the system that they have Texas (Mr. POE) for 5 minutes. police with soliciting a child pros- created and help fund shelters and po- Mr. POE of Texas. Mr. Speaker, re- titute. lice training to recognize the traf- cently in Sacramento, California, Uber Mr. Speaker, this girl turned out to ficking that takes place. driver Keith Avila picked up three pas- be 16 years of age, but her life was The enforcement of the bill is taking sengers. They were two women and saved because of this individual, Mr. place throughout the country. Going what looked like to him to be a very Avila. after human sex trafficking is some- young girl, about 12 years of age. The Elk County Police Officer Chris Trim thing that this country needs to recog- ride would be short. The total fare was said it best: nize, and we need to be able to recog- only $8. He could’ve said nothing, went on his way, nize it when we are individuals, law en- The young girl, sitting in the front collected his fare, and then that child victim forcement, and Members of the House seat with him, was dressed inappropri- would have been victimized again by who of Representatives as well. ately in such a short skirt. Here is knows how many different people over the Sex trafficking takes place not only what he said about her: next days, weeks, or even months. on the individual basis, but at big

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

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VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.000 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H394 CONGRESSIONAL RECORD — HOUSE January 12, 2017 events such as the Super Bowl and the air. They have unsettled 18 percent of HIGHLIGHTING THE IMPORTANCE Final Four. Just this week, the Depart- our economy—over $3 trillion of annual OF RURAL HEALTH CARE ment of Homeland Security had a expenses—disrupting the 6 years of The SPEAKER pro tempore. The briefing for Members of the Texas dele- progress in making the system work Chair recognizes the gentleman from gation on the Super Bowl, talking better. Pennsylvania (Mr. THOMPSON) for 5 about the security that will be imple- I have been talking to people in my minutes. mented in Houston. It was quite im- community, finding out about some of Mr. THOMPSON of Pennsylvania. pressive. But during that briefing for the damage that is being done, their Mr. Speaker, before I was elected to Members of Congress—and I see two of concerns and apprehensions. The larg- serve in the House of Representatives, them here, Mr. AL GREEN and Mr. est employer in the city of Portland is I spent nearly 30 years in the nonprofit FARENTHOLD, who were at that brief- Oregon Health & Science University. healthcare field assisting those individ- ing—they talked about how probably uals who were facing life-changing dis- sex trafficking will be at that location, They already have felt compelled to implant a hiring freeze, dial back some eases and disability. Additionally, as a and how they are going to try to pre- member of my home community, I vent it. of their programming, trying to recon- figure, preparing for the worst. have volunteered for decades as an It is quite impressive, the Blue Cam- emergency medical technician, serving paign that is taking place by the De- The local government, partnering my neighbors in their time of trauma partment of Homeland Security. We with the private sector to treat the or medical emergency needs. are going to be ready for those people poor and the elderly, people with men- I am acutely aware of the challenges who want to try to promote sex traf- tal health issues, are having their im- many face when it comes to obtaining ficking in Houston because of the portant reforms put at risk, and they reasonably priced health care. It is es- Super Bowl, making sure that there is are scrambling to try and figure out pecially critical for rural America, like not going to be sex trafficking in our how to do it. much of the Fifth Congressional Dis- town, in our country, and that our chil- The State of Oregon, not unlike trict of Pennsylvania. dren are not for sale. many States around the country, is We are facing a healthcare crisis in So it is important that we recognize our Nation’s rural areas. These often it when we see it, and it is because of facing some budget challenges, and there is a $1.7 billion question dealing disadvantaged populations are still awareness of citizens like Mr. Avila struggling to access affordable, quality with the uncertainty going forward that America is turning the tide and care. Many remain uninsured. Many with Medicaid. making sure that we enforce our sex find themselves newly uninsured as a trafficking laws. Rural hospitals are especially vulner- result of the pressures and the demands And that is just the way it is. able, and they will explain it to any and the mandates of the Affordable f Congressman who chooses to ask. Most Care Act. Most are underinsured; how- REFINE THE AFFORDABLE CARE important for many of them is the fact ever, access to quality care really does ACT—DON’T REPEAL that this approach that is being pur- remain the largest challenge. sued on Capitol Hill with this question Even when people gain access to The SPEAKER pro tempore. The mark puts at risk one of the greatest health insurance or coverage, it does Chair recognizes the gentleman from achievements of the Affordable Care not equal access to care. Rural hos- Oregon (Mr. BLUMENAUER) for 5 min- Act. The vast amounts of money spent pitals across the country are closing, utes. on uncompensated care, charity care, leaving patients without access to Mr. BLUMENAUER. Mr. Speaker, it has been dramatically reduced. People their emergency rooms and long-term is heartening that a few of our Repub- are getting their health care earlier, care facilities. When you close a hos- lican colleagues are urging caution on and it is being paid for. And those un- pital in a rural area, the result is a the reckless approach to repeal the Af- compensated care levels are falling commute that means the difference, fordable Care Act. They are acknowl- dramatically. They are getting better frequently, between life and death. edging that the only reasonable way to care, more timely. Eighty rural hospitals have closed proceed—if that is the objective—is to, since 2010. One in three rural hospitals The health providers in my commu- at the same time that they repeal, pro- are financially vulnerable. At the cur- nity are concerned they are still going vide the American people with a re- rent closure rate, more than 25 percent to have to provide the care, but it will placement, a replacement that meets of rural hospitals will close in less than be done later in an emergency room, their criteria. a decade. One reason they have not done so is not in a clinic setting, and they are left As this Congress examines ways to that Republicans don’t really agree, holding the bag financially. It is not improve our Nation’s healthcare sys- don’t really know how to do that. The hard to find out how damaging this ap- tem, we must not forget that rural new President promises that a repeal- proach has been. health care is unique and requires dif- and-replace program will be better. It Certainly, the Affordable Care Act ferent programs to succeed. will have lower costs and better cov- could use refinement and improve- In addition to hospital closures, a erage—a tall order—and we have seen ment. We have been trying to do that workforce shortage plagues rural no details. for the last 6 years. The local medical America; 77 percent of more than 2,000 The troubling fact for the Repub- associations, community clinics, hos- rural counties in the United States are licans bent on repealing the Affordable pitals, health plans are all willing to designated as having a shortage of Care Act is that the ACA is working, say how that could be done; but at the healthcare professionals. Recruitment and most of the major provisions are same time, they will explain what is at and retention of experienced profes- wildly popular: no lifetime limits on risk and why we owe it to them and the sionals, including primary care physi- health care; no denial for preexisting people we serve to understand the dam- cians, is an ongoing challenge. conditions to almost 130 million Amer- age that is being done and try and min- icans who would otherwise have their b 1015 imize it. health care at risk; allowing children Mr. Speaker, no matter how you pay to stay on their parents’ health insur- The course that is being followed will for health care, if there are not quali- ance until they are age 25; not charging make America sick again, and that is fied and trained professionals in those women higher premiums than men sim- not the way to start a new administra- communities, healthcare access does ply because of their chromosomes. tion, a new Congress. We should do not exist. Congress must act to stop These elements are absolutely essen- what we should have been doing for the cuts to rural hospitals and strengthen tial going forward, and the American last 6 years: working together, coop- the healthcare workforce in under- public wants this to continue. Sadly, eratively, to build upon, refine, and im- served areas. even if they do slow down and try to do prove the Affordable Care Act and give Furthermore, the opioid epidemic it right, there is much damage that is the American public the health care that is sweeping the Nation has rav- being done with the uncertainty in the they deserve. aged our rural communities, leaving

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.013 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H395 even more of the population in need of tests for sexually transmitted diseases. branch of government, unelected crucial health services. Adolescents This is Congress choosing political branch of government when it comes and young adults living in rural areas gamesmanship at the expense of Amer- from the agencies. For too long, these are more vulnerable to opioid abuse icans’ health, particularly those who regulators have run rampant, hurting than their urban counterparts. The cannot afford care otherwise. This is a our small businesses, stifling job prevalence of fatal drug overdoses has tactical strike on low-income women growth, and hampering our economy. skyrocketed in rural areas. High unem- and families. In fact, we have had one of the slowest ployment and a greater rate of the In my home State of Massachusetts, economic recoveries coming out of a types of injuries that result in pre- it would immediately deny access to severe recession in modern times. scriptions for opioid medications have care to nearly 10,000 patients covered That is why, last week, I was proud contributed to this. by MassHealth. For these men, women, to join my colleagues in passing the For these reasons, I again look for- and children, it is not as simple as REINS Act and the Midnight Rules Re- ward to cosponsoring the Save Rural walking to the nearest community lief Act. Additionally, this week we Hospitals Act in the 115th Congress. We health center, because over 50 percent passed the Regulatory Accountability must ensure access to health care for of Planned Parenthood centers across Act. Today I am proud to introduce my Americans living in rural areas. our country are found in medically un- first piece of legislation, the Reforming On average, trauma victims in rural derserved communities. Executive Guidance Act. This will fur- areas must travel twice as far as vic- For the elderly woman in need of ther increase transparency and ensure tims in urban areas to the closest hos- cancer screening, there would be no- that regulatory agencies are held ac- pital. As a result, 60 percent of trauma where else to turn. For the young ex- countable for their actions. deaths occur in rural areas, even pectant mother in need of prenatal My bill will ensure that significant though only 20 percent of Americans care, there would no longer be a com- guidance documents promulgated by live in rural areas. munity doctor that she can trust. For the regulatory agencies are subject to The Affordable Care Act was sup- the dad whose son is in need of strep congressional review. These guidance posed to help cut costs for health care, throat treatment, the only option left documents are only meant to clarify but that did not happen for everyone. may be an unaffordable trip to the regulations. However, over the years, American families have found out the emergency room. executive agencies have used these hard way, with increased taxes, loom- Mr. Speaker, if this is intended to be guidance documents more and more ing regulations, and a slew of broken a warning shot on a constitutionally often to expand their power and make promises, from untrue cost controls to guaranteed right to have an abortion, significant policy changes. We are the limitations on consumer choice. We my Republican colleagues are missing accountable branch who are to make were told that, ‘‘if you like your cov- their target and, instead, they are those policy changes. These policy erage, you can keep it.’’ Well, that was aimed right at poor Americans. changes are negatively affecting our not even close to being true. I urge every Member of this House to businesses and imposing these signifi- I look forward to working with my talk to their constituents who have re- cant costs on our economy. colleagues to fix our flawed healthcare ceived care at Planned Parenthood cen- My bill simply ensures that signifi- system. Currently, healthcare costs ters before voting on this bill. I ask cant guidance documents are fully sub- have gone up, premiums have increased them to listen and understand the life- ject to the Congressional Review Act by double digits, but choices have de- altering impact that it will have on the and the Administrative Procedure creased. Deductibles are so high that families who can least afford it. Act’s notice and comment require- many Americans, despite having ‘‘cov- f ment. Not only does this increase con- erage,’’ cannot afford to seek care gressional oversight, it also increases WE HAVE HIT THE GROUND under that coverage. Well, that is not transparency, as the public will now RUNNING right. It is not fair, and it is not fea- have the ability to review these guid- sible. There must be a better way, and The SPEAKER pro tempore. The ance documents before they are final- I know together we can work to find a Chair recognizes the gentleman from ized. I ask my colleagues to join me in stable transition to a 21st century Minnesota (Mr. LEWIS) for 5 minutes. supporting this straightforward, com- healthcare system that works for ev- Mr. LEWIS of Minnesota. Mr. Speak- monsense legislation. eryone in America, particularly for er, I rise today to say how incredibly I look forward to working with my those in rural regions where the need is proud I am to be representing Min- colleagues throughout the 115th Con- great and the services are scarce. nesota’s Second District. It is an honor gress as we address the major issues f that I do not take lightly, and I am ex- facing the American people. cited to get to work for my constitu- f DON’T CUT PLANNED ents. PARENTHOOD FUNDING Here in the House we have hit the THE AFFORDABLE CARE ACT The SPEAKER pro tempore. The ground running. During my first 2 WORKS Chair recognizes the gentleman from weeks in Congress, we took steps to The SPEAKER pro tempore. The Massachusetts (Mr. KENNEDY) for 5 jump-start our economy by addressing Chair recognizes the gentleman from minutes. the massive web of regulations that New Jersey (Mr. PAYNE) for 5 minutes. Mr. KENNEDY. Mr. Speaker, tomor- were issued by unelected and unac- Mr. PAYNE. Mr. Speaker, one of my row this body is set to vote on a budget countable bureaucrats in the adminis- constituents, Paul from Montclair, resolution that would dramatically cut tration. In fact, 2016 was a record- New Jersey, shared with my office his Federal funding for Planned Parent- breaking year for Federal agencies. Un- struggle with bladder cancer, HIV, and hood. But today there is still time to fortunately, the record they set is not severe depression. He told us that he is reconsider that proposal and listen to a good one. scared, like most people who rely on the thousands, if not millions, of men, In 2016 alone, there were 3,853 final- the Affordable Care Act, because Re- women, and children who are urging us ized rules and regulations, amounting publicans are determined to gut this not to because they understand the im- to 97,110 pages. That is more than any legislation. He told us that he depends pact in our communities better than year in history. Based on the page on the ACA for his medications and almost any of us here today. numbers alone, this amount of regula- treatments, without which he fears he Now, this isn’t just about blocking a tions may seem staggering, but the will die. woman’s constitutional right to her economic costs are even more dam- Paul lives on an unstable income, own healthcare options, although that aging. In 2015, regulations cost Amer- and it is only because of the ACA that would be bad enough. This is about ican consumers and small businesses he is able to afford his treatments. The gutting Medicaid reimbursements for an estimated $1.88 trillion in lost eco- staffer in my office who spoke with preventive care and family planning, nomic productivity and higher prices. Paul told me that he could feel the fear revoking every single dollar for 360,000 Many in Washington have started to in Paul’s voice as he listened to Paul’s lifesaving breast exams and 4 million call Federal regulators the fourth story. Paul is rightly concerned about

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.004 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H396 CONGRESSIONAL RECORD — HOUSE January 12, 2017 whether he will be able to afford his We have got to fix this, and Repub- routine dental care, and routine eye next urologist appointment and what licans have a plan. We are going to exams and eyeglasses despite the fact will happen if he can no longer pay for work the plan. It is at better.gop. It is that large numbers of older Americans his depression medication. one of those new top-level domains, need these essential items and services. Now, Paul told us that this was the better.gop. We have got to fix it be- Today, with well over 100 original co- first time that he publicly announced cause ObamaCare is nothing but, as we sponsors, I will be introducing the Sen- his medical conditions because he say on the Internet, a big old #fail. iors Have Eyes, Ears, and Teeth bill, wants people to see the human face on SECOND AMENDMENT RIGHTS FOR MILITARY which will lift these terribly unfair re- the problem of the ACA repeal. He SPOUSES strictions on the population most in wants people to know that the ACA is Mr. FARENTHOLD. Mr. Speaker, I need of these services. keeping people alive. would also like to talk about our mili- We know that hearing loss affects Over 20 million people now depend on tary spouses. more than 40 percent of persons over 60 the ACA. They are not empty numbers. We often overlook the tremendous years old, more than 60 percent of They are real people who deserve af- sacrifice our military spouses make to those over 70, and almost 80 percent of those over 80 years of age. Yet, sadly, fordable, quality health coverage. ACA support their husbands and wives. They only one in five seniors currently diag- repeal would strip them of this cov- often move far from home and family nosed with hearing issues uses a hear- erage and make it impossible for them to be with their spouse on military or- ing aid, which can range in cost from to get the care they rightly need. ders, but they give up their friends, the Democrats will continue to stand our $1,000 to $6,000. For the more than half comfort of home, and even some of ground on the ACA, and we will con- of Medicare beneficiaries who live on their Second Amendment rights. tinue to stand up for people who de- incomes below $24,150 per year, these The Gun Control Act of 1968 limits pend on the law, like Paul. We will high, out-of-pocket expenses are out of citizens’ rights to purchase a handgun refuse to make America sick again and their reach. create chaos in our Nation’s healthcare by requiring that it only be bought in We also know seniors account for ap- system. the State where they are considered proximately 80 percent of the 2.8 mil- residents. Exceptions were made for f lion Americans with low vision. Rou- Active-Duty military members but not tine eye exams for these seniors can DIRE CONSEQUENCES OF their spouses; and that is why I have cost from $50 to $300 or more, and the OBAMACARE introduced H.R. 256, the Protect Our average cost for a pair of prescription The SPEAKER pro tempore. The Military Families’ Second Amendment glasses is $196. Chair recognizes the gentleman from Rights Act, which allows spouses of Ac- Mr. Speaker, it is increasingly well Texas (Mr. FARENTHOLD) for 5 minutes. tive-Duty servicemembers to purchase documented that untreated vision and Mr. FARENTHOLD. Mr. Speaker, for firearms in the State where they live hearing loss not only diminishes qual- the past several days, this morning under their spouse’s military orders. ity of life, but also increases the risk during our morning-hour debate, I have Military spouses should not be denied for costly health outcomes such as falls been listening to my colleagues across their Second Amendment rights be- and resulting disability, depression, the aisle talking about the dire con- cause they choose to live with their and dementia. Also tragic is that near- sequences the repeal of ObamaCare will husband or wife while they are de- ly 70 percent of older Americans cur- have. Well, I have got to tell you some- ployed. Spouses have the right to de- rently have no form of dental insur- thing. It is already having dire con- fend themselves and their families, just ance. This lack of insurance has been sequences. The law itself is having dire like everyone else. While I believe we identified as the major barrier to ac- consequences. must continue to push for things like cessing dental care for seniors. It is a Americans like my constituent Dotty constitutional carry, H.R. 256 is a good well-known fact that neglect of oral Legg from Victoria, Texas, wrote to step in ensuring Second Amendment health can result in the deterioration my office with a desperate plea to get rights are respected. of overall physical health and that the relief from the effects of ObamaCare. lack of access to even routine dental b 1030 In 2012, Dotty’s coverage was around exams and cleanings can exacerbate se- $400 a month with a $2,500 deductible. CONGRATULATING COACH JASON HERRING AND rious and complicated overall health In 2014, it went up to almost $600. In THE REFUGIO BOBCATS problems that increase with age. 2015, $700 a month, and that is coverage Mr. FARENTHOLD. Mr. Speaker, on Expanding Medicare to cover vision, for just one person. a lighter note, I would also like to con- dental, and hearing services is a cost- Well, in 2016, Dotty’s carrier told her gratulate Coach Jason Herring and the effective intervention because it will they could no longer cover her, so she Refugio Bobcats football team for win- prevent healthcare costs due to acci- had to go somewhere else. She went to ning their fourth Texas State AA dents, falls, cognitive impairments and another carrier and they only had an championship. increases in chronic conditions and option that was almost $700 a month, The Bobcats had a 15–1 record this oral cancer. But most importantly, giv- and her deductible skyrocketed to school year and defeated Crawford in ing our seniors the gift of hearing, vi- $6,500. That is pretty unaffordable for the championship game 23–20 in an im- sion, and oral health will go a long way something called the Affordable Care pressive game-winning 15-yard field toward helping our seniors enjoy their Act. goal by kicker Diego Gonzalez with golden years free from depression and I have got to tell you, back before only 8 seconds remaining. social isolation. ObamaCare, back before the Affordable Quarterback Jacobe Avery was the Mr. Speaker, few bills are ever intro- Care Act, a policy with a $6,500 deduct- championship game’s offensive MVP, duced with this overwhelming support. ible would have been one of the least and linebacker Kobie Herring was Additionally, it has the strong support expensive policies you could have named defensive MVP. This was an im- from the National Committee to Pre- bought. It would have been a cata- pressive year for the whole team. serve Social Security and Medicare. I strophic policy. We have got to fix this. Winning is a Bobcat tradition. Con- invite my colleagues to join me and the It gets even worse. We don’t see what gratulations, Refugio Bobcats. over 100 original cosponsors of this leg- goes on in 2017. The company is pulling f islation in supporting dental, vision, out. Dotty can’t find coverage at all. and hearing care for our seniors. EXPANDING MEDICARE COVERAGE The Affordable Care Act is not af- NATIONAL COMMITTEE TO PRESERVE fordable, and it is full of broken prom- The SPEAKER pro tempore. The SOCIAL SECURITY & MEDICARE, ises. Most of the promises made were Chair recognizes the gentlewoman from Washington, DC, January 11, 2017. broken with Dotty. If you like your California (Ms. ROYBAL-ALLARD) for 5 Hon. LUCILLE ROYBAL-ALLARD, doctor, you can keep them. She hasn’t minutes. House of Representatives, been able to keep her doctor. Prices are Ms. ROYBAL-ALLARD. Mr. Speaker, Washington, DC. DEAR REPRESENTATIVE ROYBAL-ALLARD: On going to go down? Come on. If you like since its implementation in 1965, Medi- behalf of the millions of members and sup- your policy, you are going to keep it. care has excluded coverage for hearing porters of the National Committee to Pre- Didn’t happen. aids and related audiology services, serve Social Security and Medicare, I am

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.005 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H397 writing to endorse, the ‘‘Seniors Have Eyes, fairs Committee. Fortunately, that The American people deserve good Ears and Teeth Act.’’ It is our hope that ac- Senator from Nevada is no longer here, health care. If folks have issues with tion will be taken on your legislation during and we are resubmitting this. I am the ACA, then let’s fix those issues. the current 115th Congress. hopeful that this Congress—the Mem- Let’s make the ACA better. But to rip The ‘‘Seniors Have Eyes, Ears and Teeth Act’’ would help millions of Medicare bene- bers of this Chamber—will, once again, coverage from 30 million people, to de- ficiaries who need vision, hearing and dental reform the veterans’ claims process stroy 2.6 million jobs, and to add $350 care, which is not covered by Medicare. Pay- and that our colleagues in the upper billion to our deficit is not a good ing for these services is a hardship for many Chamber will as well. thing. Medicare beneficiaries, half of whom live on Before I close, I would also like to I ask my colleagues today to keep incomes below $24,150 per year. Medicare take a moment to recognize Represent- the ACA. households spend on average 15 percent of atives RODNEY DAVIS of Illinois, f their income, over two times more than KYRSTEN SINEMA, and JOHN DELANEY younger households, on Medicare cost shar- CITIZEN LEGISLATORS for being coleads on this bill. All three ing and for services not covered by Medicare. The SPEAKER pro tempore. The Routine dental services are very important of my colleagues have demonstrated to the overall health of Medicare bene- their commitment to fighting for our Chair recognizes the gentleman from ficiaries, and today, many Medicare bene- veterans every day of every year that Pennsylvania (Mr. FITZPATRICK) for 5 ficiaries suffer isolation and severe health they have served in Congress. minutes. problems because they cannot afford to pay We have right now right over 150 co- Mr. FITZPATRICK. Mr. Speaker, I for vision and hearing examinations or to sponsors of this bill, and it is a privi- rise today for the very first time in buy eyeglasses or hearing aids. For these lege to have their support. I thank this Chamber as a servant of Penn- reasons, the National Committee’s current them for helping to lead the charge to sylvania’s Eighth District—the good Legislative Agenda includes support for ex- people of Bucks and Montgomery Coun- panding Medicare benefits to cover vision, enact this change and others that are hearing and dental health services and equip- so desperately needed to better assist ties—serving as their independent ment, which are important for healthy veterans and their families. Without voice. The weight of this responsibility aging. their support, WINGMAN would not should not be lost on any of us. It is my Thank you for your leadership on this im- have the broad, bipartisan support that sincere hope that each one of us here— portant issue. We look forward to working it does now. I urge the remainder of regardless of where we come from or with you to secure enactment of the ‘‘Sen- our colleagues to support WINGMAN as what our past experiences have been or iors Have Eyes, Ears and Teeth Act,’’ which well. Let our Nation’s veterans know how long we have been here—will do would improve the Medicare program for to- what the American people are demand- day’s seniors as well as future generations of that we’ve got their six. beneficiaries. f ing of us at this time: to work together Sincerely, as problem-solvers, not work against PROTECT THE AFFORDABLE CARE MAX RICHTMAN, each other as ideologues. President and CEO. ACT Our Founders envisioned citizen leg- f The SPEAKER pro tempore. The islators chosen from their peers to Chair recognizes the gentleman from work on their behalf and to serve hon- IMPROVING CUSTOMER SERVICE California (Mr. CORREA) for 5 minutes. orably with a focus on solutions, and FOR VETERANS Mr. CORREA. Mr. Speaker, I rise then return home and live under the The SPEAKER pro tempore. The today to protect the Affordable Care laws they helped pass, making way for Chair recognizes the gentleman from Act. Today I urge you to give the Af- a new generation of leadership with Florida (Mr. YOHO) for 5 minutes. fordable Care Act the same chance we new ideas and a fresh perspective. Un- Mr. YOHO. Mr. Speaker, today I will gave America’s other great healthcare fortunately, Mr. Speaker, we as a na- reintroduce the WINGMAN Act, a vital program, Medicare, way back in 1965. tion have strayed from that vision. veterans’ bill that will expedite the Today Medicare covers over 55 mil- Today too many Americans feel left claims process for veterans who come lion Americans and is a staple for sen- out. They see a system that does more to our congressional offices seeking as- ior care. But let’s go back in time and to preserve the status quo than it does sistance with their benefit claims. The remember what people were saying to solve our most pressing challenges. current process leaves thousands of about Medicare in 1965. The American They see a class of career politicians veterans and their families remaining Medical Association said Medicare is and elite insiders. I wish I could tell in limbo awaiting resolution on their an ‘‘invasion of the voluntary relation- my constituents—my bosses—that this claims. The status quo is unacceptable, ship between the patient and the physi- problem is exaggerated and that this and it must change. cian.’’ mess in Washington doesn’t affect No servicemember should have to The then-Republican leadership said them or their families or their busi- wait to receive benefits they have more the bill will cost too much. It will nesses. than earned. This ends with the pas- never cover enough seniors. It will But as a former anticorruption FBI sage of the WINGMAN Act, which re- make taxes too high, and we will be special agent, I have seen the moves the middle man and allows staff broke within 2 years. brokenness in our system, and I know to access these records directly, after Those are some of the quotes from the real-life impact that it has, which obtaining a privacy release form with- The New York Times in 1965. is both soft and hard corruption that out having to wait on the VA bureauc- Today, 52 years later, Medicare is one tilts the legislative agenda towards racy. I think if we just listen, this is of the most efficient healthcare sys- special interests, electoral compla- about customer service. Yes, they are tems in our country. Why? Because we cency that allows lawmakers to focus constituents, but they are also cus- gave it a chance to flourish. on accumulating power rather than tomers. Every Member of this Con- Mr. Speaker, when we come together serving their constituents, and an en- gress—all 535 Members—represents ap- on behalf of the American people, we trenched partisanship that grinds the proximately 700,000 constituents, and I get things done. I ask my colleagues gears of government to a halt. like to think that we are in the cus- today: Do not repeal the Affordable Mr. Speaker, this does not have to be tomer service business as is the VA, Care Act. Instead, let’s move past the the fate of this Congress. It does not. the Veterans Administration. politics of repealing the ACA. Let’s The 115th Congress can be remembered If we can’t service our customers, learn from five decades of Medicare. as the one that buried party labels for where else can they go? Let’s give Americans the healthcare good and focused on fixing the system. Last Congress, WINGMAN passed coverage they want and they deserve, To that end, I have introduced legisla- this House unanimously. It passed the because in 60 years, it won’t really tive proposals to begin that process: a Veterans’ Affairs Committee unani- matter whose name is on the program. constitutional amendment enacting mously, but it was held up by one Sen- But what will matter is that we came term limits for all Members of Con- ator who thought he know more than together and stopped the repeal. What gress and a constitutional amendment the 435 Members of this body and that will matter is that we fixed the ACA preventing Members of Congress from he knew more than the Veterans’ Af- and made it work for every American. being paid unless a budget is passed.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.004 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H398 CONGRESSIONAL RECORD — HOUSE January 12, 2017 This is not just withholding payment this, Mr. Speaker, because we have a RUSSIA AND PRESIDENT PUTIN for a period of time; this is a complete President-elect who has said he will be The SPEAKER pro tempore. The forfeiture. a law and order President. I want to Chair recognizes the gentlewoman from I propose a balanced budget amend- make a distinction between law and Ohio (Ms. KAPTUR) for 5 minutes. ment so we are forced to stop kicking order and justice, and I want to at- Ms. KAPTUR. Mr. Speaker, I come to the can down the road and will create tribute this to the Justice Department the floor today as co-chair and found- a fiscal path that will allow the next versus a law and order department. ing member of the Polish, Hungarian, generation to thrive. Mr. Speaker, you can have law and and Ukrainian House Caucuses. I also have a bill I call the Citizen order in a dungeon, but you won’t have I am also a strong defender of NATO Legislature Anti-Corruption Reform justice. There is law and order in North and of its purpose in linking the free Act, or CLEAN Act, a bill that ends Korea, but you don’t have justice. Jus- nations of Europe and the United congressional pensions for life and re- tice, Mr. Speaker, is what this Depart- States through this historic, hard-won quires this body to debate and act on ment is all about. It is not the law and alliance and security treaty among Eu- single-issue legislation, codify that all order department. One of the best ways rope’s sovereign nations that respect laws passed by Congress apply to all of to explain it is to harken back to some- the rule of law and our shared passion its Members, reform the broken gerry- thing that was called to our attention for liberty. mandering process by moving all redis- yesterday at the hearing for the nomi- Our Nation and NATO’s members tricting to independent, nonpartisan, nee to become the head of the Justice paid the ultimate price in the last cen- citizen commissions, and to expand ac- Department. tury for our priceless gift of liberty. We cess to political party primaries to in- won the cold war, and our most treas- clude both independents and non- When the Honorable JOHN LEWIS ured democratic values of life, liberty, affiliated voters. spoke, he went back to 1965, and the freedom of assembly, press, and reli- Is there anyone in this Chamber who crossing of the Edmund Pettus Bridge. gion are under siege today by a preda- does not believe that these measures On that day, George Wallace—one of tory and repressive Russia. Go no fur- will make our country a better place? the great segregationists of his time ther than any major business in your Is there anyone in this Chamber who and, perhaps, the greatest segrega- district and ask them how many times does not believe these measures will re- tionist of his time—had made it per- they are hacked daily by Russian pred- sult in a healthier democracy and a spicuously clear to his troops that, if ators—to get a sense of what is going system of government where our people you maintain order, there will be law on. have more faith and trust in? Is there to protect you. As a result, those My purpose this morning is to re- anyone here who believes that more troops beat the marches all the way mind our citizenry of the continuing citizens serving in this body and more back to the church where they started. and major, real threat to our NATO al- citizens participating in their govern- They were peaceful protesters. The liance and to the destabilization of Eu- ment would not be a breath of fresh air Honorable JOHN LEWIS said he thought rope by Russia that necessitates our for our Nation? he might die. That is what law and strengthening the alliance, not weak- If you agree with our ideas, I urge order meant to a good many people in ening it, to ward off Vladimir Putin’s you to join me and cosponsor these the South. expansionist dreams. measures, join the Congressional Cit- Law and order without justice is I must say I am concerned by our izen Legislature Caucus, and advocate what took place on that day; but thank President-elect’s loose talk about Rus- for these reforms. Share your vision God there was a judge, the Honorable sia. His naive assumption that personal with your constituents because they Frank M. Johnson. The Honorable friendships with Russia’s oligarchs— need to know that our Nation is not re- Frank M. Johnson issued the order to some of whom are active members of signed to the status quo. allow those marches to move from Russia’s notorious mafia—can over- Mr. Speaker, Washington needs fewer Selma to Montgomery, and he did it come strategic, expansionist impera- politicians and more independent notwithstanding his classmate George tives that fill Vladimir Putin’s mind voices focused on serving the American Wallace having said that they were are truly not in America’s interest. people. That is the reason we are here. banned from doing it. This was justice, So let’s review some recent history. Let’s not let them down. The time is not law and order alone. This is our Domestically, Mr. Putin has sup- now to answer their call to fix this sys- fear—that the Justice Department will pressed the basic freedoms of the Rus- tem so we can start addressing the go back to the hands of someone who sian people. His leadership has resulted challenges that we face as a nation. may consider it a law and order depart- in countless infringements of human f ment and a department in which there is a belief that you can do anything to rights violations and other actions THE PRIVILEGE OF SERVING IN maintain the order and that there will that directly conflict with our THE UNITED STATES CONGRESS be law to support your actions and ac- foundational values in Western democ- The SPEAKER pro tempore. The tivities. racies. Chair recognizes the gentleman from Putin has an aggressive and very hos- Mr. Speaker, we must protect the no- tile foreign policy toward us—toward Texas (Mr. AL GREEN) for 5 minutes. tion of justice for all people in this Mr. AL GREEN of Texas. Mr. Speak- the United States—and our top allies. country. This is why I was there yes- Russia has invaded neighboring sov- er, it is always an honor for me to terday to lend my support to Senator stand here in the well of the House to ereign countries, including the Repub- BOOKER when he spoke about justice lics of Georgia and Ukraine. Russia has know that I am one of less than 450 and when he indicated that he could people in the world who have been ac- threatened and harassed U.S. military not support the nominee. I was honored personnel and diplomats overseas, not corded the preeminent privilege of to be there, seated right near the Hon- standing in the well of the Congress of in the last century, now, orchestrating orable JOHN LEWIS when he said he the United States of America. an anti-American propaganda cam- could not support the nominee. I was paign—the largest since World War II— b 1045 also honored to be there with the head both in our country and around the It is an honor to stand here at this of the Congressional Black Caucus, world; and it is conducting cyber war- podium with a rostrum behind me with CEDRIC RICHMOND, when he indicated: If fare, as I speak, against our country, the word ‘‘Justice’’ etched in it. Right this nominee is a civil rights advocate, our government, our interests, as well behind me, ‘‘Justice’’ is etched into the why is the civil rights community so as European governments; against po- rostrum. You can’t see it at home be- opposed to him? I think those were litical institutes; against our think cause it is low, and it is beneath the some very sage comments. tanks; against our State voter data view of the camera. I must tell you that we in this coun- systems, as our intelligence services Today, I want to talk about justice, try have come too far to allow the Jus- have just informed us; and against our Mr. Speaker. I want to talk about jus- tice Department to become the law and cities and counties, journalists, and in- tice and the Justice Department. I do order department. dividuals.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.009 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H399 Information about Putin’s aggressive head. His newspaper is known for his cov- program. His death has been officially ruled behavior is well-documented and is spe- erage of local organized crime, drug traf- a suicide, but his colleagues and friends say cifically highlighted in the intelligence ficking and corruption. The case remains un- he had no reason to kill himself. briefings that our President-elect solved. 21. Aug. 31, 2008: Magomed Yevloyev, owner 10. April 18, 2003: Dmitry Shvets, the dep- of the independent news site Ingushetia, was began to receive when he secured the uty director of the independent television shot while in police custody. Officials had Republican Party nomination last station TV–21, known for his critical report- been attempting to close down Ingushetia for year. Despite this, throughout his cam- ing on politicians, was shot dead outside the extremism; the site had covered corruption, paign and as President-elect, Mr. station’s offices. He had been investigating a human rights abuses, unsolved murders, and Trump continues to praise and support mayoral candidate’s links to organized voting fraud in the 2008 presidential election. Putin. He has even taken the foreign crime. The case remains unsolved. Yevloyev was detained as a witness in inves- dictator’s side over those of the leaders 11. July 3, 2003: Novaya Gazeta deputy edi- tigation of a local explosion, and police say tor Yuri Shchekochikhin died from an acute of our country he was elected to rep- the shooting was an accident. allergic reaction while those close to him be- 22. Sept. 2, 2008: Television editor Telman resent. lieve he was poisoned. Shchekochikhin was (Abdulla) Alishayev was shot by unknown Here are examples: working on a corruption case involving high- assailants in Dagestan. Alishayev produced December 18, 2015: During an inter- ranking government officials and had re- an anti-radical Islam documentary two years view on ‘‘Morning Joe,’’ host Joe Scar- ceived threats. The government has not earlier and received death threats from rad- borough asked Mr. Trump about opened an investigation and says there’s no ical groups. Putin’s alleged killing of journalists evidence of foul play. 23. Jan. 19, 2009: Anastasia Baburova, a and political opponents. Trump an- 12. July 3, 2003: Local television reporter freelancer for the opposition newspaper Alikhan Guliyev was shot in his apartment swered: ‘‘He’s running his country, and Novaya Gazeta, was shot by building. Guliyev had accused an influential ultranationalists in a double murder. at least he’s a leader. Unlike what we politician of campaign violations, and had have in this country.’’ Baburova had covered the rise of neo-Nazism survived an attempt on his life in 2002. The and race-motivated crimes in Moscow. Her Mr. Speaker, I include in the RECORD case remains unsolved. murderers, members of a neo-Nazi group, a list of dozens of journalists in Russia 13. Oct 9, 2003: A year after the murder of have been sentenced. who have been murdered in cold blood his predecessor Valery Ivanov, 24. March 30, 2009: Layout designer Sergei because they were reporting on corrup- Tolyatinskoye Obozreniye editor Aleksei Protazanov died after an attack by unknown tion, on growing repression in that so- Sidorov was stabbed by two unknown assail- assailants. Protazanov was part of the edi- ants after receiving threats. Officials ini- torial staff of Grazhdanskoe sogalsie, a news- ciety—on what Russia was executing tially agreed he was murdered in retaliation around the world. paper known for its critical coverage of the for his investigative work, but the case re- ruling party of Russia. The case remains un- A PARTIAL LIST OF JOURNALISTS WHO HAVE mains unsolved. solved. DIED IN REPRESSIVE RUSSIA 14. July 9, 2004: Forbes Russia founding edi- 25. July 15, 2009: The fifth Novaya Gazeta tor Paul Klebnikov was shot in Moscow in a 1. July 16, 2000: Igor Domnikov, an editor journalist murdered since 2000, Natalya contract killing. The magazine had recently and reporter for the independent Novaya Estemirova was kidnapped and shot execu- published a feature on Russia’s richest peo- Gazeta who covered local government cor- tion-style in Chechnya. Her colleagues be- ple, and Klebnikov himself had written ruption, died after being attacked. His as- lieve that Chechen officials ordered the books and articles about business, crime and sailants are serving prison terms but the ex- Kremlin-backed assassination, as corruption in Russia. A decade after his government official who: orchestrated the Estemirova had reported on human rights death, the case remains unsolved, prompting attack was not convicted. violations committed by authorities in the 2. July 26, 2000: Sergey Novikov, the owner Secretary of State John Kerry to urge Rus- region. The official investigation pinned the of the independent radio station Vesna, was sia to bring the perpetrators to justice. murder on a Chechen rebel who was killed by shot in his apartment. Novikov was a vocal 15. May 21, 2005: Cameraman Pavel Makeev, an air strike, but her colleagues and human critic of local government corruption and re- while reporting on illegal drag racing, was rights activists believe this is a cover-up. ceived death threats prior to his murder. The found dead on the side of a road. Though his 26. Aug. 11, 2009: Abdulmalik Akhmedilov, case remains unsolved. death was initially classified as a traffic ac- an editor for the independent news website 3. Sept. 21, 2000: Radio Liberty cor- cident, Makeev’s colleagues say his death Hakikat and editor-in-chief of the political respondent Iskandar Khatloni died from an was related to his work. The case has been monthly Sogratl, was shot in his car in attack by an unknown assailant. Khatloni, reopened but remains unsolved. Dagestan. Akhmedilov was critical of gov- who was also a poet and former BBC cor- 16. June 28, 2005: Magomedzagid Varisov, ernment efforts to curb religious and polit- respondent, was covering human rights who wrote critical political columns for the ical freedom and inaction in investigating abuses in Chechnya. The case remains un- weekly Novoye Delo, was shot in his car by assassinations. The case remains unsolved. solved. unknown assailants with machine guns in 4. Oct. 3, 2000: Sergey Ivanov, the director Dagestan. Varisov had received numerous 27. Dec. 15, 2011: Independent newspaper of the independent and influential TV sta- threats through years. Three suspects were founder Gadzhimurad Kamalov was shot out- tion Lada, was shot in his apartment. The killed in October 2005, and the unsolved case side his office in Dagestan. His newspaper case remains unsolved. was closed. Chernovik was known for its investigations 5. Nov. 21, 2000: Cameraman Adam 17. Jan. 8, 2006: Reporter Vagif Kochetkov, in government corruption, police abuse and Tepsurgayev, who shot most of Reuters’ who wrote for the newspapers Trud and Islamic extremism, and his name appeared footage from the second Chechen conflict, Tulskii Molodoi Kommunar, died from an at- on an anonymous hit list. was shot dead in a Chechen village. The Rus- tack. Officials labeled his death the result of 28. Dec. 5, 2012: News anchor Kazbek sian government contends that Chechen a robbery, though only work-related docu- Gekkiyev, who covered social issues, was guerrillas murdered Tepsurgayev, but local ments and his cellphone were taken, while shot in the head while returning home from residents were doubtful. The case remains his wallet and fur coat were not. A local work. Several reporters at his state-con- unsolved. businessman was charged with the attack trolled station, VGTRK, had received threats 6. Feb. 3, 2001: Photographer Valery but later said he was coerced into confessing. allegedly from Islamist separatist fighters. Kondalkov was killed after the publication 18. Oct. 7, 2006: Renowned journalist and 29. April 8, 2013: Mikhail Beketov, founding of photos he took of the private mansions of human rights activist Anna Politkovskaya editor of the Khimiki, died after a 2008 at- urban elite in the city of Armavir. The case was shot in her apartment after receiving, tack by unknown assailants that left him se- remains unsolved. and narrowingly escaping, numerous death verely brain-damaged, amputated and unable 7. Sept. 18, 2001: Eduard Markevich, the threats. The five men hired to kill her were to speak. Beketov had covered government editor and publisher of a local newspaper, convicted and sentenced seven years later, corruption and the planned destruction of was shot in the back after receiving threats but whoever ordered the murder (believed to the Khimki forest to make way for a planned and surviving a previous attack. Markevich be $150,000 contract) remains unknown. toll road. In retaliation for his reporting, his frequently wrote about local corruption and 19. Nov. 30, 2006: Prominent investigative car had been set on fire and his dog left dead die suspected perpetrators of his murder are journalist Maksim Maksimov was declared on his doorstep. He never fully recovered government officials. The case remains un- dead. He disappeared two years earlier while from the attack and died five years later in solved. investigating local corruption in St. Peters- the hospital. 8. March 9, 2002: Natalya Skryl, a local burg as well as several unsolved murders. 30. May 18, 2013: Nikolai Potapov, a former business reporter, died from an attack. She The case remains unsolved. government official and founding editor of was planning to publish an article on the 20. March 2, 2007: Defense correspondent the local Selsovet newspaper, was shot in the struggle for the control of a local metal Ivan Safronov died from mysteriously falling Stavropol region. Selsovet was known for its plant. The case remains unsolved. from a fifth-floor window while investigating coverage of government corruption. 9. April 29, 2002: Valery Ivanov, editor of the sale of Russian arms to Syria and Iran. 31. July 9, 2013: Akhmednabi the independent newspaper Tolyatinskoye Safronov embarrassed military officials with Akhmednabiye, deputy editor of the inde- Obozreniye, was shot eight times in the reports on problems with Russia’s nuclear pendent newspaper Novoye Delo, was shot

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.011 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H400 CONGRESSIONAL RECORD — HOUSE January 12, 2017 dead outside his house in Dagestan. He cov- of justice for all, may we be a sign to disaster, and the United States will re- ered government corruption, abductions, po- the community of nations. Help each main committed to helping Haiti get lice abuse and torture and had received nu- Member to work toward the complete back on its feet. merous threats for his work. His name ap- fulfillment of the deepest human hopes I have had the privilege of visiting peared on an anonymous hit list. 32. Dec. 4, 2013: Arkady Lander, editor of and Your inspiring promises. Haiti many times during my time in the opposition newspaper Mestnaya, died With humility, let them embrace Congress, and, most recently in Octo- after an 2010 attack by unknown assailants their calling; to be truly prophetic, as ber, I had the opportunity to travel to in Sochi. He underwent operations and hos- Your servants of old, but earnestly ful- Haiti with my dear Florida colleague pitalizations for three years after his attack, filling Your commands. May all that is FREDERICA WILSON weeks after yet an- which left him amputated and with a frac- done be for Your greater honor and other terrible disaster, a hurricane, hit tured skull. Lander had covered local elec- glory. Haiti. tions and distributed his newspaper free of Amen. I would like to commend local orga- charge. The statute of limitations ran out on his case. f nizations in south Florida led by the Haitian Women of Miami, FANM, for 33. Aug. 1, 2014: The body of independent THE JOURNAL journalist and civil activist Timur Kuashev holding a silent march this afternoon, was discovered in the woods after he dis- The SPEAKER. The Chair has exam- beginning at 4 p.m., from 62nd Street appeared a day earlier. Kuashev was threat- ined the Journal of the last day’s pro- and North Miami Avenue to the Little ened by police after reporting on civil liberty ceedings and announces to the House Haiti Cultural Center. and human rights violations by security his approval thereof. Mr. Speaker, let’s continue to help forces. Pursuant to clause 1, rule I, the Jour- Haiti and the Haitian people. Ms. KAPTUR. The interview with Mr. nal stands approved. Scarborough took place the day after f Mr. Putin praised and propagandized f HONORING JUDITH MORRIS Mr. Trump as ‘‘bright and talented’’ PLEDGE OF ALLEGIANCE (Mr. KILMER asked and was given and the ‘‘absolute leader of the Presi- The SPEAKER. Will the gentleman permission to address the House for 1 dential race.’’ That was about a year from Minnesota (Mr. EMMER) come for- minute.) before our election. Months later, the ward and lead the House in the Pledge Mr. KILMER. Mr. Speaker, I rise President-elect asked the Russian Fed- of Allegiance. today to say good-bye to a dedicated eration to hack Hillary Clinton’s Mr. EMMER led the Pledge of Alle- public servant and a key part of my email. How about that by our Presi- giance as follows: team. Judith Morris has served the dent-elect? Olympic Peninsula for a decade, first September 8, 2016: At NBC’s Com- I pledge allegiance to the Flag of the United States of America, and to the Repub- for my predecessor Norm Dicks, and for mander-in-Chief Forum, Mr. Trump lic for which it stands, one nation under God, the past 4 years in my office. praised Putin by saying: indivisible, with liberty and justice for all. Judith’s knowledge of the peninsula If Putin says great things about me, I’m f and her dedication is unmatched. There going to say great things about him . . . I’ve are few that combine her compassion already said he is very much of a leader. The COMMUNICATION FROM THE and guidance to any constituent who man has very strong control over his coun- CLERK OF THE HOUSE had a question or who needed help with try. The SPEAKER laid before the House a Federal agency. Whether at the office He is right about that. If you speak or at the grocery store or at an event, against Putin, you can be murdered in the following communication from the Clerk of the House of Representatives: Judith was available. Russia. Mr. Speaker, Judith has served our America, pay attention. OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, Nation with distinction, first in the f Washington, DC, January 12, 2017. Peace Corps, and now in the United States House of Representatives, mak- RECESS Hon. PAUL D. RYAN, The Speaker, House of Representatives, ing equity and conservation and human The SPEAKER pro tempore. Pursu- Washington, DC. rights a tenet of her time in service. ant to clause 12(a) of rule I, the Chair DEAR MR. SPEAKER: Pursuant to the per- Judith’s wit, thoughtfulness, and easy- declares the House in recess until noon mission granted in Clause 2(h) of Rule II of going manner will be missed. today. the Rules of the U.S. House of Representa- Our entire community thanks her Accordingly (at 10 o’clock and 55 tives, the Clerk received the following mes- sage from the Secretary of the Senate on and her husband, David, an outstanding minutes a.m.), the House stood in re- January 12, 2017, at 9:03 a.m.: public servant in his own right, who cess. That the Senate agreed to S. Con. Res. 3. worked for the National Park Service, f With best wishes, I am, for leaving a legacy of integrity, excel- Sincerely, lence, and service. b 1200 KAREN L. HAAS. I am humbled and honored to offer AFTER RECESS f my sincere thanks to Judith Morris for her dedication to the Sixth Congres- ANNOUNCEMENT BY THE SPEAKER The recess having expired, the House sional District, and I wish her the best was called to order by the Speaker at The SPEAKER. The Chair will enter- as she continues to explore her passion noon. tain up to 15 requests for 1-minute for travel and service all around this f speeches on each side of the aisle. world. PRAYER f f The Chaplain, the Reverend Patrick HAITIAN WOMEN OF MIAMI 7TH LAW ENFORCEMENT J. Conroy, offered the following prayer: ANNUAL COMMEMORATIVE EVENT APPRECIATION DAY Lord, God of history and ever (Ms. ROS-LEHTINEN asked and was (Ms. FOXX asked and was given per- present, You sent Your prophet Isaiah given permission to address the House mission to address the House for 1 to Your people when they were in need for 1 minute and to revise and extend minute.) of hope and vision. her remarks.) Ms. FOXX. Mr. Speaker, earlier this May Isaiah’s prophetic words guide Ms. ROS-LEHTINEN. Mr. Speaker, week, we celebrated Law Enforcement the Members of this people’s House. today marks the seventh anniversary Appreciation Day, which acknowledges Send Your Spirit upon them and our of the earthquake in Haiti which the contributions that men and women Nation, that we may be open to hear- struck near its capital, Port-au-Prince, in uniform make on a daily basis to ing Your word and actively seeking the leaving behind in its wake total devas- keep our communities safe and secure. salvation You alone can bring. tation and tens of thousands dead. It was heartening to see the display Make of us a people of compassion Haitians have been resilient in their of support for these individuals and holiness. In pursuing the avenues efforts to come back from this massive throughout the House Office Buildings

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.003 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H401 on Monday. As the Sun went down, you watching the Supreme Court at work, rier of Charleston announced that could see blue lights in windows across but only a handful on any given day South Carolina is the fifth most pop- the Capitol complex honoring those are allowed to have access to the court- ular State for new residents. In an an- brave men and women. room. The courtroom is small and seat- nual study conducted by United Van The dedicated individuals who serve ing is limited. Well, why not give the Lines, South Carolina achieved being in law enforcement help to preserve the public the ability to view the pro- in a top place for people looking to re- way of life we hold so dear. They walk ceedings in their entirety on television locate, whether for a job, retirement, the neighborhood beats, patrol our or through live streaming? or temperate climate. Public court hearings are the bed- streets, and willingly do dangerous The Post and Courier detailed that rock of American justice. Americans work to protect our families and com- the moving company this week said 60 want to know what is going on behind munities. percent of the trucks in South Carolina It is one of the most honorable ac- those closed doors. A simple nonintru- dropped off household goods for new- tivities anyone can engage in, and I sive camera would allow for greater comers, placing it among the top des- want to thank them for their selfless- transparency and greater faith in the tinations for those seeking a new ness and bravery they demonstrate as decisions made by the most powerful home. The article also reveals that re- officers of the law. They deserve our Court in the world. cent data from the Census Bureau con- profound gratitude. I was one of the first judges in Texas firms the Palmetto State is gaining to allow cameras in the courtroom. All f significantly. the naysayers said: oh, it won’t work. REPEAL WILL AFFECT EVERY But it did. It benefited everyone. I am grateful to Governor Nikki AMERICAN The gentleman from Virginia (Mr. Haley, incoming Governor Henry (Mr. HOYER asked and was given CONNOLLY) and I are once again cospon- McMaster, Secretary of Commerce permission to address the House for 1 soring a bill to allow cameras in the Bobby Hitt, and everyone who works minute.) Supreme Court. It is better to show all each day to promote South Carolina as Mr. HOYER. Mr. Speaker, I rise out of the proceedings to the public than to a great place to live, work, and raise a of a deep concern, not just for the 30 rely on a 30-second sound bite from a family. We have a probusiness mindset. million Americans who will lose access news reporter on television during the We are military friendly. We have com- to health coverage and the tens of mil- 6:00 news. It is time for cameras in the munities that promote job creation. We lions of others who will see their costs Supreme Court. have a State that is ready to welcome rise if Republicans repeal the Afford- And that is just the way it is. transplants. able Care Act without a replacement, f In conclusion, God bless our troops, but as well for every American because KEEP AMERICA HEALTHY and may the President, by his actions, the repeal will affect every American, never forget September the 11th in the including every American who has (Ms. JACKSON LEE asked and was global war on terrorism. health insurance through their em- given permission to address the House ployer. for 1 minute.) f Let there be no mistake. Every Ms. JACKSON LEE. Mr. Speaker, I American will be adversely affected by rise to keep America healthy, saving the repeal of the Affordable Care Act. the Affordable Care Act. LET’S WORK TO IMPROVE OUR The repeal and delay plan ought to be I rise in the name of Cynthia Perry, HEALTHCARE PLAN called repeal and deny, deny health facing a life-or-death scenario. Without (Mr. SCHNEIDER asked and was coverage to tens of millions, deny tax the law in place, Cynthia Perry would given permission to address the House credits to small businesses to help also be facing life or death. Perry suf- for 1 minute and to revise and extend them cover their employees, deny fers from an immune deficiency that his remarks.) those with preexisting conditions pro- requires her to take medication she es- tection from high premiums and cov- timates costs roughly $40,000 a year. Mr. SCHNEIDER. Mr. Speaker, in his erage denials, and deny parents from Cynthia, who lives today. farewell speech, President Obama said covering their children under age 26 I rise to keep America healthy. Kath- that if anyone can put together an al- through their own insurance plans. ryn Will, terrified about losing access ternative healthcare plan that is de- Every American will be adversely af- to treatment, terrified because she, monstrably better and covers as many fected if we repeal the Affordable Care herself, at 28 years old, was diagnosed people at less cost, he would publicly Act. with stage III breast cancer. support it. I feel the same way. I heard recently through social media I rise to keep America healthy be- The ACA is not perfect, and anyone from a woman in my district whose cause a Senator from Kentucky said we who is serious about working to im- family was able to save more than need to think through how we do this, prove our healthcare system should $1,200 a month because of the ACA mar- and it is a huge mistake for Repub- count me as a willing partner. But that ketplace. Another wrote to tell me licans if they do not vote for replace- is not what we have heard from Presi- that the ACA made it possible for her ment on the same day they vote for re- dent-elect Trump and my Republican to sign up for coverage for the first peal. colleagues. Their irresponsible plan is time in years since she lost her job and I rise to keep America healthy and to repeal ObamaCare and then figure her employer-based insurance. When not give hundreds of billions of dollars out what comes next. That is like she needed to be hospitalized this in tax breaks to insurance companies jumping ship without a life raft or a spring, having coverage saved her life. and drug manufacturers while elimi- plan. Repeal and deny would be a disaster nating tax credits for millions of work- Repealing ObamaCare will leave 1.2 for our people and our economy. I urge ing Americans. million people in my State without my Republican friends to instead work I rise to keep America healthy. Vote health insurance, allowing insurers to with the Democrats to improve the Af- to save the Affordable Care Act. again deny coverage based on pre- fordable Care Act. f existing conditions or put annual and f SOUTH CAROLINA FIFTH MOST lifetime caps on coverage, and deny CAMERAS IN THE U.S. SUPREME POPULAR STATE FOR NEW RESI- young people the option of staying on COURT DENTS their parents’ plan. This will hurt real (Mr. POE of Texas asked and was (Mr. WILSON of South Carolina people who depend on the Affordable given permission to address the House asked and was given permission to ad- Care Act. for 1 minute and to revise and extend dress the House for 1 minute and to re- I urge my colleagues to join me in his remarks.) vise and extend his remarks.) finding ways to improve our Nation’s Mr. POE of Texas. Mr. Speaker, Mr. WILSON of South Carolina. Mr. healthcare system rather than burning Americans nationwide are interested in Speaker, last week The Post and Cou- it down.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.017 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H402 CONGRESSIONAL RECORD — HOUSE January 12, 2017 b 1215 These young athletes have embodied Mr. Mesiah has been a key leader in THE TRUE DRIVERS OF the spirit, the passion, and the sports- promoting tolerance and equality in MINNESOTA’S ECONOMY manship of Oakland and the entire western New York. While his time as East Bay. Please join me in congratu- NAACP president has concluded, his (Mr. EMMER asked and was given lating them on these championships. wisdom and passion endures in our permission to address the House for 1 f community, and his work will inspire minute.) generations to come. HUMAN TRAFFICKING AWARENESS Mr. EMMER. Mr. Speaker, I rise f today to celebrate three small busi- MONTH nesses in Elk River, Minnesota, who (Mr. HULTGREN asked and was STOP GTMO TRANSFERS have been recognized by the Elk River given permission to address the House (Mrs. HARTZLER asked and was Chamber of Commerce for their out- for 1 minute and to revise and extend given permission to address the House standing track record over the past his remarks.) for 1 minute.) year. Mr. HULTGREN. Mr. Speaker, during Mrs. HARTZLER. Mr. Speaker, I rise I want to congratulate the First Na- Human Trafficking Awareness Month, I today to urge this administration to tional Bank for being named Business rise in support of the 21 million men, stop releasing terrorists from Guanta- of the Year, Serrano Brothers Catering women, and children worldwide who namo, where they can be returned to for being recognized as the New Busi- are victims of this insidious enterprise. the Middle East and rejoin the fight. ness of the Year, and Sportech for Human trafficking is nothing less than Approximately one in three former being honored as the Employer of the modern-day slavery. It targets soci- Guantanamo Bay detainees are con- Year. ety’s most vulnerable, stealing their firmed to have reengaged or are sus- Small businesses are a huge driver of souls and depriving them of any hope pected of reengaging in terrorist ac- our economy in the State of Min- to escape a downward spiral of despair. tivities after transfer. The White House, despite clear un- nesota, and they are what make each Nations must be held accountable for derstanding of congressional intent, re- city and town unique. Running a small their efforts to eradicate human traf- cently gave four more individuals the business is no easy task, and the entre- ficking within their borders, which is opportunity to resume their fight preneurs who open these businesses why, today, I am reintroducing the Sex Trafficking Demand Reduction Act. against American ideals by releasing take a personal risk to bring jobs, com- them to Saudi Arabia. This is irrespon- merce, and excellent products and serv- This legislation targets the demand for commercial sex because the evidence is sible and dangerous. ices to our communities. Even more disturbing are the Presi- We cannot thank them enough for clear that, where markets for commer- cial sex exist, human trafficking pro- dent’s plans to transfer more detainees, their valuable contribution, which is further threatening the safety of our why I am proud today to thank and liferates as well. The bill requires gov- ernments to take the initiative to troops and the security of the Amer- congratulate First National Bank, ican people. It is appalling to me that Serrano Brothers Catering, and eliminate the demand for purchase of commercial sex in their efforts to com- the President would consider transfer- Sportech for everything they do for our ring the likes of Osama bin Laden’s se- community and for the great State of bat human trafficking overall. As a member of the Congressional curity guards and others trained by al Minnesota. Human Trafficking Caucus, I am Qaeda. f pleased to see Congress taking a lead- I urge this administration, in its final 8 days, to bear in mind potential CONGRATULATING BISHOP O’DOWD ership role in the fight against human consequences of his decision and to trafficking. We are getting closer to AND MCCLYMONDS ON FOOT- halt any more transfers. The security the day when human trafficking will BALL STATE CHAMPIONSHIPS of American families and military per- no longer represent a blight on human- (Ms. LEE asked and was given per- sonnel are at stake. ity and we will see victims and sur- mission to address the House for 1 vivors created in God’s image fully re- f minute.) stored. Ms. LEE. Mr. Speaker, let me first LET’S NOT REPEAL THE say how happy I am today to acknowl- f AFFORDABLE CARE ACT edge the extraordinary accomplish- RECOGNIZING FRANK B. MESIAH (Ms. KUSTER of New Hampshire ments of two high school football OF BUFFALO, NEW YORK asked and was given permission to ad- teams in my beautiful congressional dress the House for 1 minute.) (Mr. HIGGINS of New York asked and Ms. KUSTER of New Hampshire. Mr. district. Until now, Oakland, Cali- was given permission to address the fornia, never held a State champion- Speaker, I am deeply concerned about House for 1 minute.) the repeal of the Affordable Care Act ship, but now we have two. On Decem- Mr. HIGGINS of New York. Mr. and what it would mean for Americans ber 17, Bishop O’Dowd clinched the CIF Speaker, Martin Luther King Jr. Day State Division 5–AA Championship. struggling with debilitating diseases. is a time in our country to reflect on Prior to the ACA, the struggle of a They beat Valley View High School 43– the progress that we have made on debilitating illness like Alzheimer’s or 24, with former Oakland Raiders run- civil rights as well as how much fur- cancer could be compounded because of ning back Coach Napoleon Kaufman ther still as a nation we must go. the financial burden from lack of af- leading them to victory. The same day, When contemplating the progress in fordable health care. Imagine being de- McClymonds’ Warriors claimed the CIF western New York, Frank B. Mesiah nied necessary health care because you State 5–A Championship with a 20–17 immediately comes to mind. Mr. or a loved one suffered from a pre- victory, becoming the first Oakland Mesiah has been a prominent civil existing condition. These are the con- Athletic League team to win a State rights leader in Buffalo since 1950, fol- cerns that I am hearing from constitu- championship. lowing his service in the United States ents across the Granite State. McClymonds is a public historic high Army. Following a 20-year stay as Take Sally from West Chesterfield. school in the West Oakland community president of the Buffalo NAACP, he re- Her daughter has Crohn’s disease, and of my district. Coach Michael Peters tired late last year and will continue to she is on their family plan because she has coached McClymonds since 1992 and be a public watchdog, this time is under age 26. She will always need has shown his commitment over the through the lens of an active citizen. access to health care because of her years to ensuring his athletes succeed During his years of service, Mr. condition, and if the Affordable Care both on the field and in the classroom. Mesiah has always been the first to Act is repealed and not replaced, she Bishop O’Dowd, a Catholic high stand up and fight on behalf of our could lose coverage because of her pre- school, has been an athletic force for community. He played a leading role in existing condition. These concerns are years, and I am so proud of their team. desegregating Buffalo public schools, all too commonplace. They have achieved the historic ac- integrating the Buffalo Police Depart- I agree the ACA is not perfect, and I complishment of their championship ment, and fighting against noninclu- am committed to working in a bipar- also. sive neighborhoods. tisan way to ensure the law will work

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.019 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H403 for all Americans. But in the mean- EMERGENCY PREPAREDNESS dress the House for 1 minute and to re- time, the ACA is helping 22 million LEGISLATION vise and extend his remarks.) Americans, including 1 in every 10 (Mr. BILIRAKIS asked and was given Mr. THOMPSON of Pennsylvania. Granite Staters. We should build on permission to address the House for 1 Mr. Speaker, as the mercury dropped those successes. minute and to revise and extend his re- to record lows this week in Pennsyl- I urge my colleagues on the Repub- marks.) vania, I rise to highlight an upcoming lican side to resist the temptation to Mr. BILIRAKIS. Mr. Speaker, I rise cold-weather event in State College, repeal the law, especially without a today in support of my legislation, the Pennsylvania. plan that ensures affordable coverage Medical Preparedness Allowable Use The Light Up State College will at- for all Americans. Act, H.R. 437. Last year in Florida tempt to break a Guinness World f alone, we witnessed terrorism, major RECORD next month by lighting more than 3,000 ice luminaries on Allen OBAMACARE’S MARKETPLACE hurricanes, and the outbreak of the Zika virus. We need to be prepared for Street between College Avenue and (Mr. BUCSHON asked and was given these types of emergencies, and we Beaver Avenue at 6 p.m. the first Sat- permission to address the House for 1 need to make sure our first responders urday in February. minute and to revise and extend his re- have the tools they need to keep us Now, you may ask: What is an ice lu- marks.) safe. minary? According to Guinness, ice lu- Mr. BUCSHON. Mr. Speaker, as a My bill enhances medical prepared- minaries are cup-shaped structures medical provider, I understand how ness and promotes the stockpiling of made purely out of ice that hold a light critical and necessary patient choice medical countermeasures. This in- inside. Those interested in helping and input is to the overall quality of cludes medical kits, protective gear, break this record can pick up a do-it- our healthcare system. Put simply, pa- ventilators, and more. Importantly, yourself ice luminary kit in downtown tients are better off when they are the legislation uses existing grant State College. equipped to make their own decisions. funds to accomplish this. It does not The current world record contains Unfortunately, ObamaCare limits pa- require new or additional funding. 2,561 separate lanterns and was set in tient choice, as outlined in this chart. This Medical Preparedness Allowable 2013 by the residents of a small town in In fact, in the ObamaCare market- Use Act ensures we take these critical Sweden. They have been making ice lu- place, patients in two-thirds of our steps now so we are ready in case of minary lanterns to coincide with a country are limited to a choice of one crisis. In the wake of an emergency, nearby winter market for the past 10 or two insurers. Across five entire our first responders bravely risk their years. States, patients have only one option. lives on behalf of our safety. I intro- Light Up State College is a partner- To me, the marketplace looks more duced this bill to protect the public ship of three groups: Centre Founda- like a government-created monopoly and protect our protecters. tion, Make Space, and the Knight under a system where every American Foundation. Organizers have asked in- is required by law to purchase the f dividuals in State College to commit to product. CELEBRATING THE 150TH ANNI- making ice luminaries, as more than To make matters worse, the onerous VERSARY OF SAINT JAMES 2,000 are still needed to help put State mandates in the law have led to re- PRESBYTERIAN CHURCH College over the line and on the map in stricted physician networks. So not the Guinness Book of World Records. only do patients have little choice re- (Ms. ADAMS asked and was given permission to address the House for 1 This record-breaking event will take garding their insurers, they are also place in State College on Saturday, limited to what physicians they can minute.) Ms. ADAMS. Mr. Speaker, I rise February 4. see. I wish them the best of luck. It turns out we can’t keep our doc- today to celebrate the 150th anniver- tors even if we like them. That is why sary of the Saint James Presbyterian f we are offering a Better Way plan that Church of Greensboro, North Carolina. FIGHTING FOR MEDICARE expands choice and empowers patients. As the third oldest African American church in Greensboro, Saint James is f (Mrs. BEATTY asked and was given rich in history and tradition. Under the permission to address the House for 1 AFFORDABLE CARE ACT leadership of Reverend Dr. Diane minute.) (Mr. LEVIN asked and was given per- Givens Moffett, Saint James embraces Mrs. BEATTY. Mr. Speaker, what is mission to address the House for 1 the theme: 150 Years, Celebrating Our the message? minute and to revise and extend his re- Walk-in Faith and Service. I rise today because I am fighting for marks.) It is rare but wonderful to find a Medicare, and I oppose any attempts to Mr. LEVIN. Mr. Speaker, to know group of individuals who have thor- balance the budget on the backs of sen- how high the stakes are in the Repub- oughly enriched their community iors by privatizing Medicare. lican effort to repeal the Affordable through dedicated service and good For over 50 years, Medicare has guar- Care Act, you only have to listen to works. It has been my unique honor to anteed health care to all Americans 65 your constituents. One of the many I represent the good people of Saint years or older and continues to do so have heard from is Kevin Wittbrodt James Presbyterian both in North for more than 50 million Americans from Warren, Michigan, who writes: Carolina and in the Congress for more today. Seniors, like my constituent ‘‘I’m a Marine Corps veteran, and I’m than 30 years. Saint James has helped Linda and her mother, who rely on covered by the VA system, but my wife make Greensboro a more just and Medicare for their healthcare needs, do isn’t. She has kidney disease and I’ve peaceful community, and for that, I am not want Republicans to dismantle it. found it hard to get coverage for her immensely proud. What is the message, Mr. Speaker? with the preexisting condition . . . but Congratulations, once again, Saint In my home State of Ohio, about 2 I found an affordable plan under the James, on your anniversary—a century million seniors and disabled individ- ACA. This allows for continued treat- plus five decades. I look forward to wit- uals, including 1 million women, 260,000 ment and she’s still with me.’’ nessing the many ways in which Saint African Americans, are at risk of los- ACA is not collapsing, contrary to James will continue to thrive during ing their Medicare benefits if Repub- what the Speaker is saying. The Re- its next 150 years. licans privatize it. publicans are trying to sink ACA while f Mr. Speaker, I am here to fight for it is very much afloat and alive for Linda, her mother, for Janet and Mary Kevin, his wife, and millions and mil- LIGHT UP STATE COLLEGE AT- and Robert and many other seniors lions of others. Republicans have been TEMPTS GUINNESS WORLD who count on Medicare for their doc- promising a plan for 7 years and never RECORD tor’s visits, their prescription assist- delivered. They will not deliver now for (Mr. THOMPSON of Pennsylvania ance, and many other medical needs. all of America. asked and was given permission to ad- Mr. Speaker, what is the message?

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.020 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H404 CONGRESSIONAL RECORD — HOUSE January 12, 2017 We cannot let our seniors down. DON’T MAKE AMERICA SICK AGAIN vivors in New Jersey who depend on Democrats will fight to preserve Medi- (Mr. GENE GREEN of Texas asked it.’’ care to protect our seniors for genera- and was given permission to address Mr. Speaker, the public deserves tions to come. the House for 1 minute.) thorough and complete information on f Mr. GENE GREEN of Texas. Mr. how working families will fare com- Speaker, after years of attacking the pared to today if the law is repealed. STRENGTHEN AFFORDABLE CARE Affordable Care Act, Republican’s re- Health care means life or death for ACT—DON’T REPEAL IT peal plan will have cold, hard con- American families. It is also nearly 18 (Mrs. DEMINGS asked and was given sequences for millions of Americans; percent of the Nation’s gross domestic permission to address the House for 1 not just the millions on the insurance product. Often a hospital or health sys- minute.) exchange, but also those of our con- tem is the largest employer in a county Mrs. DEMINGS. Mr. Speaker, I rise stituents who receive insurance or town. We can’t afford to be capri- today to stand against the plan to re- through their employer coverage. cious with our approach to health care. peal the Affordable Care Act. Beginning now, on a State-by-State f I believe my job as a Member of Con- basis, hospitals, doctors, patient advo- REPEAL OF THE AFFORDABLE gress is to work every day to improve cates, and faith groups will be stepping CARE ACT the quality of life for all Americans. If forward to express the negative im- (Mr. YOHO asked and was given per- my colleagues and I are going to do our pacts of repealing the Affordable Care mission to address the House for 1 job, access to affordable, quality health Act. minute and to revise and extend his re- care is the very foundation of that. The Affordable Care Act has im- marks.) We know for a fact that the Afford- proved Americans’ lives in the areas of Mr. YOHO. Mr. Speaker, I rise to able Care Act is working. Repealing it healthcare coverage, consumer protec- bring attention to the burden would put millions at risk of losing ac- tions, costs, and quality. ObamaCare has placed upon my con- cess to health care in a country that I Millions will lose health coverage. stituents. know is the greatest. I ask today: The individual insurance market will They have seen their healthcare Which family should not have access to be in shambles. Hospitals in our States costs rise while their quality of care quality health care? will lose billions and the economy will has lowered. It is imperative that we Repealing the ACA would also have a be hurt. repeal ObamaCare immediately. crippling effect on our economy. Jobs Without health insurance, people I also emphasize to the folks here and will be lost. My State, Florida, is one with chronic diseases will lose care and at home that, as we repeal ObamaCare, that will be hit the hardest. Almost become sicker. Without healthcare we will make sure there is a stable 181,000 Floridians would be at risk of coverage, people with chronic diseases transition period during the replace- losing their jobs almost immediately if die. ment so that people do not have the the ACA were to be repealed. It is bad for patients, budgets, and rug pulled out from under them. This Mr. Speaker, I urge my colleagues to the healthcare system as a whole. transition period will give us the time think long and hard about the people Every major law that has passed Con- we need to ensure our healthcare re- and work to strengthen and not repeal gress needs to have oversight revisions form is full of truly patient-centered the Affordable Care Act. to make sure it is as effective as in- solutions that allow patients, families, tended. f and doctors to direct their health care. Congress can amend any law, but Congress must focus on the principles REPEALING WITHOUT REPLACING doing so in a way that will cause mil- of affordability, accessibility, and qual- THE AFFORDABLE CARE ACT lions of Americans to be without insur- ity to provide the American people WOULD HARM OUR ECONOMY ance is just wrong. with genuine healthcare reform, but we No repeal without a replacement. (Mr. KRISHNAMOORTHI asked and can only get to that point by repealing was given permission to address the f ObamaCare now. I promise to read the House for 1 minute and to revise and REPLACE AFFORDABLE CARE bill before voting on it, unlike how it extend his remarks.) was passed. Mr. KRISHNAMOORTHI. Mr. Speak- ACT—DON’T REPEAL IT f er, I am Congressman RAJA (Mr. PALLONE asked and was given KRISHNAMOORTHI from the great Eighth permission to address the House for 1 COMMODITY END-USER RELIEF District of Illinois. I have the honor of minute.) ACT representing the hardworking families Mr. PALLONE. Mr. Speaker, the Re- GENERAL LEAVE of Chicago’s west and northwest sub- publican majority has declared its in- Mr. CONAWAY. Mr. Speaker, I ask urbs. tent to immediately pass legislation to unanimous consent that all Members Before I took the oath of office last repeal the Affordable Care Act without have 5 legislative days within which to week, I was the president of small busi- a replacement. That means millions of revise and extend their remarks and to nesses in the Chicago area. As a small- Americans with health insurance today include extraneous material on H.R. business man, I stand here to say that will lose their coverage. 238. repealing without replacing the Afford- That is people like Michelle from The SPEAKER pro tempore (Mr. able Care Act would harm our economy New Brunswick in my district who re- RODNEY DAVIS of Illinois). Is there ob- and, with it, our working and middle cently wrote to me and said: ‘‘As a sur- jection to the request of the gentleman class families. vivor of childhood cancer, I am deeply from Texas? Across our Nation, repealing without concerned about the repeal of the ACA, There was no objection. replacing the Affordable Care Act which could bar me from obtaining The SPEAKER pro tempore. Pursu- would destroy up to 3 million good-pay- health insurance due to my pre-exist- ant to House Resolution 40 and rule ing jobs and destroy $1.5 trillion in eco- ing conditions. XVIII, the Chair declares the House in nomic activity. Across Illinois, repeal- ‘‘I accessed coverage from the ACA the Committee of the Whole House on ing without replacing the ACA would insurance exchange when I lost my job the state of the Union for the consider- cost upwards of 100,000 jobs; and in the due to a health condition in 2014–2015. ation of the bill, H.R. 238. Eighth District alone, repealing with- Because I had affordable coverage, I The Chair appoints the gentleman out replacing the ACA would cost up- was able to obtain the necessary care from Tennessee (Mr. DUNCAN) to pre- wards of 4,000 jobs. needed to recover from the long-term side over the Committee of the Whole. Middle class families need good-pay- effects from cancer. Now, I’m back on 1239 ing jobs and affordable health care. Re- my feet, working, and contributing to b pealing without replacing the ACA the American economy. IN THE COMMITTEE OF THE WHOLE would, unfortunately, rob them of ‘‘I urge you to please defend the ACA Accordingly, the House resolved both. and help the 335,000-plus cancer sur- itself into the Committee of the Whole

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.023 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H405 House on the state of the Union for the use futures and swaps markets to re- the Commission, and the industry will consideration of the bill (H.R. 238) to duce the uncertainty that their busi- continue to grapple with the details of reauthorize the Commodity Futures nesses face. Farmers hedge their crops these core tenets, seeking to provide Trading Commission, to better protect in the spring so they know what they the right mix of flexibility and over- futures customers, to provide end-users will get paid in the fall. Utilities hedge sight. with market certainty, to make basic the price of energy so they can charge Before I close, I would like to thank reforms to ensure transparency and ac- customers at a steady rate. Manufac- members of the Agriculture Committee countability at the Commission, to turers hedge the cost of steel, energy, who sat through all these hearings and help farmers, ranchers, and end-users and other inputs to lock in prices as all the markups on this issue. Chair- manage risks, to help keep consumer they work to fill orders. man AUSTIN SCOTT and Ranking Mem- costs low, and for other purposes, with The fact is that no end user played ber DAVID SCOTT, two of my cosponsors Mr. DUNCAN of Tennessee in the chair. any part in the financial crisis, and no on this legislation, have led most of The Clerk read the title of the bill. end user currently poses a systemic the Committee’s hearings on these The CHAIR. Pursuant to the rule, the risk to U.S. derivative markets. Yet, as issues, and they have done great work. bill is considered read the first time. the Agriculture Committee heard in Together, we have put forward a bi- The gentleman from Texas (Mr. CON- countless hours of testimony, today it partisan bill that makes narrowly tar- AWAY) and the gentleman from Min- is more difficult and more expensive geted changes to provide relief from nesota (Mr. PETERSON) each will con- for them to manage their risks than it regulatory burdens on American busi- trol 30 minutes. was for them 5 years ago. Some of nesses. The Commodity End-User Re- The Chair recognizes the gentleman these challenges are the result of ambi- lief Act offers meaningful improve- from Texas. guities and oversights in the text of ments for market participants without Mr. CONAWAY. Mr. Chairman, I the Commodity Exchange Act, and undermining the basic goals of title VII yield myself such time as I may con- some of them result from overzealous of Dodd-Frank, and it does so by pro- sume. rulemakings by the Commission itself. viding the right relief to the right peo- I rise in support of H.R. 238, the Com- Today’s legislation fixes statutory ple. I urge support of the Commodity modity End-User Relief Act. problems, like section 304, which End-User Relief Act with all its amend- The Commodity End-User Relief Act amends the definition of ‘‘financial en- ments, and I include for the RECORD is a bipartisan bill to reauthorize the tity’’ to ensure that some end users letters of support from over 30 groups. Commodity Futures Trading Commis- don’t lose their clearing exemption sion, to make much-needed regulatory simply because a hedging strategy HOUSE OF REPRESENTATIVES, reforms, and, most importantly, to COMMITTEE ON FINANCIAL SERVICES, makes up for losses in a physical trans- Washington, DC, January 4, 2017. make statutory changes to protect end action; or like section 315, which users and give them access to the tools Hon. K. MICHAEL CONAWAY, makes small changes to the swaps’ core Chairman, Committee on Agriculture, Wash- they need to manage their risks. principles to align them with conven- ington, DC. Over the past 4 years, the House tions in the swaps industry, rather DEAR CHAIRMAN CONAWAY: I am writing Committee on Agriculture has held al- than the futures industry, easing com- concerning H.R. 238, the ‘‘Customer Protec- most two dozen hearings that have ex- pliance burdens for these newly regu- tion and End-User Relief Act.’’ As a result of your having consulted with amined the Commission and have in- lated entities. vestigated the impacts of the Dodd- the Committee on Financial Services con- It also fixes problems that have cerning provisions in the bill that fall within Frank Act on derivatives markets. Our grown out of the CFTC’s own our Rule X jurisdiction, I agree to forgo ac- witnesses, many of whom were market rulemakings. For example, section 308 tion on the bill so that it may proceed expe- participants who were struggling to sets aside a Commission rule that ditiously to the House Floor. The Committee comply with burdensome rules and am- would automatically lower the trans- on Financial Services takes this action with biguous portions of the underlying action threshold triggering registra- our mutual understanding that, by foregoing consideration of H.R. 238 at this time, we do statute, were consistent in their call tion as a swap dealer. This costly, com- for relief. To address their concerns, not waive any jurisdiction over the subject plex registration process was intended matter contained in this or similar legisla- H.R. 238 makes reforms that fall into for large financial institutions, but be- tion, and that our Committee will be appro- three broad categories: customer pro- cause this registration threshold was priately consulted and involved as this or tections, Commission reforms, and end- set arbitrarily, it has swept up some similar legislation moves forward so that we user relief. commodity firms as well. may address any remaining issues that fall Title I of the bill protects customers If the limits fall by 60 percent next within our Rule X jurisdiction. Our Com- mittee also reserves the right to seek ap- and the margin funds they deposit at year, it could sweep up to 100 more their Futures Commission Merchants pointment of an appropriate number of con- firms into the reach of Dodd-Frank. ferees to any House-Senate conference in- by codifying critical changes made dur- H.R. 238 would fix the level at its cur- volving this or similar legislation, and re- ing the collapse and bankruptcies of rent $8 billion unless the Commission quests your support for any such request. MF Global and Peregrine Financial proposes a new rule with evidence of a Finally, I would appreciate your response Group. needed reduction. Similarly, section to this letter confirming this understanding Title II makes meaningful reforms to 313 exempts religious pension plans and with respect to H.R. 238 and would ask that a copy of our exchange of letters on this the operations of the Commission to university endowments from a new rule improve the agency’s deliberative proc- matter be placed in the Congressional that requires them to register as com- Record during floor consideration thereof. ess. In doing so, it also requires the modity pool operators simply because Sincerely, Commission to conduct more thorough they use standardized hedging prod- JEB HENSARLING, and robust cost-benefit analysis to help ucts. Chairman. get future rulemakings right the first What H.R. 238 does not do is roll back time. While the CFTC is already re- a single core tenet of title VII of Dodd- HOUSE OF REPRESENTATIVES, quired to consider costs and benefits of COMMITTEE ON AGRICULTURE, Frank. It does not change the execu- Washington, DC, January 4, 2017. the rules it proposes, its work has been tion, clearing, margining, capital, or called into question by the CFTC’s in- Hon. JEB HENSARLING, reporting frameworks set up by that Chairman, Committee on Financial Services, spector general, who reported the Com- Act. Washington, DC. mission staff seemed to view the proc- DEAR CHAIRMAN HENSARLING: Thank you ess as more of a legal one than an eco- b 1245 for your letter regarding H.R. 238, ‘‘Customer nomic one. In fact, not a single witness who ap- Protection and End-User Relief Act.’’ I ap- End users are the businesses that peared before the House Committee on preciate your support in bringing this legis- provide Americans with food, clothing, Agriculture ever asked us to fundamen- lation before the House of Representatives, transportation, electricity, heat, and tally upend these principles. These are and accordingly, understand that the Com- mittee on Financial Services will forego ac- much more. Companies that produce, concepts that have been part of the tion on the bill. consume, and transport the commod- swaps markets long before the finan- The Committee on Agriculture concurs in ities that make modern life possible cial reform happened. The Committee, the mutual understanding that by foregoing

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.025 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H406 CONGRESSIONAL RECORD — HOUSE January 12, 2017 consideration of the bill at this time, the tinuing to work the Committee on the Judi- ciation of Illinois, Kansas Grain and Feed Committee on Financial Services does not ciary as this bill moves through the legisla- Association, Michigan Agri-Business Asso- waive any jurisdiction over the subject mat- tive process. ciation, Michigan Bean Shippers, National ter contained in this bill or similar legisla- Sincerely, Association of Wheat Growers, National tion in the future. In addition, should a con- K. MICHAEL CONAWAY, Cattlemen’s Beef Association, National Corn ference on this bill be necessary, I would sup- Chairman. Growers Association, National Cotton Coun- port your request to have the Committee on cil. Financial Services represented on the con- SUPPORTERS OF HR 238, THE COMMODITY END- National Council of Farmer Cooperatives, ference committee. USER RELIEF ACT: National Grain and Feed Association, Na- tional Milk Producers Federation, National I will insert copies of this exchange in the American Cotton Shippers Association, Pork Producers Council, National Sorghum Congressional Record during Floor consider- American Farm Bureau Federation, Amer- Producers, Nebraska Grain and Feed Asso- ation. I appreciate your cooperation regard- ican Feed Industry Association, American ciation, North American Millers Association, ing this legislation and look forward to con- Gas Association (AGA), American Public Northeast Agribusiness and Feed Alliance, tinuing to work the Committee on Financial Power Association (APPA), American Soy- Ohio AgriBusiness Association, South Da- Services as this bill moves through the legis- bean Association, Chamber of Commerce of kota Grain and Feed Association, USA Rice, lative process. the United States of America, Church Alli- Wisconsin Agri-Business Association. Sincerely, ance of Church Benefits Programs, Com- K. MICHAEL CONAWAY, modity Markets Council, Edison Electric In- AMERICAN GAS ASSOCIATION, Chairman. stitute (EEI), Futures Industry Association Washington, DC, January 9, 2017. (FIA), Grain and Feed Association of Illinois, Hon. MIKE CONAWAY, CONGRESS OF THE UNITED STATES, International Swaps and Derivative Associa- Chairman, Committee on Agriculture, Washington, DC, January 6, 2017. tion (ISDA), Kansas Grain and Feed Associa- House of Representatives, Washington, DC. Hon. K. MICHAEL CONAWAY, tion, Michigan Agri-Business Association, Chairman, Committee on Agriculture, Wash- DEAR CHAIRMAN CONAWAY: The American Michigan Bean Shippers Association, Na- Gas Association (AGA) supports the Com- ington, DC. tional Association of Wheat Growers, Na- DEAR CHAIRMAN CONAWAY: I write with re- modity End-User Relief Act (H.R. 238), a bill tional Cattlemen’s Beef Association spect to H.R. 238, the ‘‘Commodity End-User to reauthorize the Commodity Exchange Act National Corn Growers Association, Na- Relief Act.’’ As a result of your having con- (CEA) that would improve Commodity Fu- tional Cotton Council, National Council of sulted with us on provisions within H.R. 238 ture Trading Commission (CFTC) operations Farmer Cooperatives, National Grain and that fall within the Rule X jurisdiction of and provide much-needed marketplace cer- Feed Association, National Milk Producers the Committee on the Judiciary, I forego tainty and regulatory relief for natural gas Federation, National Pork Producers Coun- any further consideration of this bill so that utilities and the American homes and busi- cil, National Rural Electric Cooperatives As- it may proceed expeditiously to the House nesses to which they deliver natural gas. sociation (NRECA), National Sorghum Pro- floor for consideration. The American Gas Association (AGA), The Judiciary Committee takes this action ducers, Nebraska Grain and Feed Associa- founded in 1918, represents more than 200 with our mutual understanding that by fore- tion, North American Millers Association, local energy companies that deliver clean going consideration of H.R. 238 at this time, Northeast Agribusiness and Feed Alliance, natural gas throughout the United States. we do not waive any jurisdiction over subject Ohio AgriBusiness Association, SIFMA, There are more than 72 million residential, matter contained in this or similar legisla- South Dakota Grain and Feed Association, commercial and industrial natural gas cus- tion and that our committee will be appro- The Jewish Federations of North America, tomers in the U.S., of which 95 percent—just priately consulted and involved as this bill USA Rice, Wisconsin Agri-Business Associa- under 69 million customers—receive their or similar legislation moves forward so that tion. gas from AGA members. AGA is an advocate we may address any remaining issues in our for natural gas utility companies and their jurisdiction. Our committee also reserves JANUARY 11, 2017. customers and provides a broad range of pro- the right to seek appointment of an appro- DEAR MEMBER OF THE HOUSE OF REP- grams and services for member natural gas priate number of conferees to any House- RESENTATIVES: The undersigned organiza- pipelines, marketers, gatherers, inter- Senate conference involving this or similar tions represent a very broad cross-section of national natural gas companies and industry legislation and asks that you support any U.S. production agriculture and agri- associates. Today, natural gas meets more such request. business. We urge you to cast an affirmative than one-fourth of the United States’ energy I would appreciate a response to this letter vote on H.R. 238, the ‘‘Commodity End-User needs. confirming this understanding with respect Relief Act,’’ when it moves to the floor for H.R. 238 will benefit our industry by ex- to H.R. 238 and would ask that a copy of our consideration. empting end-user physical contracts from exchange of letters on this matter be in- This legislation contains a number of im- ‘‘swaps’’ and ‘‘options’’ regulation more ap- cluded in the Congressional Record during portant provisions for agricultural and agri- plicable to sophisticated financial derivative floor consideration of H.R. 238. business hedgers who use futures and swaps transactions. Specifically, HR 238 would clar- Sincerely, to manage their business and production ify that contracts containing delivery terms BOB GOODLATTE, risks. Some, but certainly not all, of the with volumetric optionality, but intended to Chairman. bill’s important provisions include: result in the physical delivery of natural gas, Sections 101–103—Codify important cus- will not be treated by the CFTC as swaps. HOUSE OF REPRESENTATIVES, tomer protections to help prevent another Currently, the CFTC has provided some guid- COMMITTEE ON AGRICULTURE, MF Global situation. ance on how physical natural gas contracts Washington, DC, January 4, 2017. Section 104—Provides a permanent solu- with volumetric optionality are to be re- Hon. BOB GOODLATTE, tion to the residual interest problem that viewed for regulatory treatment, but consid- Chairman, Committee on the Judiciary, Wash- would have put more customer funds at erable confusion and uncertainty still exists. ington, DC. risk—and potentially driven farmers, ranch- This uncertainty has caused concern regard- DEAR CHAIRMAN GOODLATTE: Thank you for ers and small hedgers out of futures mar- ing the impact on the willingness of gas sup- your letter regarding H.R. 238, ‘‘Customer kets—by forcing pre-margining of their pliers to offer flexible delivery volume Protection and End-User Relief Act.’’ I ap- hedge accounts. terms, leaving gas utilities with fewer deliv- preciate your support in bringing this legis- Section 306—Relief from burdensome and ery options and more expensive contracts— lation before the House of Representatives, technologically infeasible recordkeeping re- costs ultimately passed to the consumer. HR and accordingly, understand that the Com- quirements in commodity markets. 238 provides needed regulatory certainty to mittee on the Judiciary will forego action on Section 308—Requires the CFTC to conduct the physical natural gas marketplace, as re- the bill. a study and issue a rule before reducing the quested by AGA and other industry stake- The Committee on Agriculture concurs in de minimis threshold for swap dealer reg- holders for several years. the mutual understanding that by foregoing istration in order to make sure that doing so H.R. 238 will also help the CFTC become a consideration of the bill at this time, the would not harm market liquidity and end- more responsive and well-equipped regulator Committee on the Judiciary does not waive user access to markets. by subjecting its rulemakings to administra- any jurisdiction over the subject matter con- Section 311—Confirms the intent of Dodd- tive process reforms and judicial review. tained in this bill or similar legislation in Frank that anticipatory hedging is consid- Current CFTC administrative rulemaking the future. In addition, should a conference ered bona fide hedging activity. procedures are vague and provide insuffi- on this bill be necessary, I would support Thank you in advance for your support of cient avenues for the public to participate in your request to have the Committee on the this bill that is so important to U.S. farmers, and seek guidance on rulemakings. This bill Judiciary represented on the conference ranchers, hedgers and futures customers. would require the CFTC to comply with the committee. Sincerely, Administrative Procedures Act to ensure I will insert copies of this exchange in the American Cotton Shippers Association, public notice-and-comment on rules or guid- Congressional Record during Floor consider- American Farm Bureau Federation, Amer- ance that have legally-binding effects. ation. I appreciate your cooperation regard- ican Feed Industry Association, American Finally, H.R. 238 would allow the federal ing this legislation and look forward to con- Soybean Association, Grain and Feed Asso- appellate courts to directly review CFTC

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.008 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H407 rules, replacing the protracted and expensive forward contracts with volumetric H.R. 238 contains a provision expanding the trial court process currently in effect as the optionality. These provisions would help church plan exemption from the commodity default rule for judicial review. This change public power utilities and other commercial pool operator (‘‘CPO’’) and commodity trad- will not increase litigation nor will it dis- end users. ing advisor (‘‘CTA’’) rules under the Com- rupt the CFTC. Rather, it will incentivize On the whole, we believe these provisions modity Exchange Act (‘‘CEA’’) to include the CFTC to write better rules and avoid will ensure that public power utilities can church plan-related accounts, such as endow- challenge altogether. Also, any inevitable continue to make full use of financial tools ments or foundations of churches and legal challenges will be more swiftly decided necessary to keep electric power prices sta- church-controlled nonprofits. The provision by appellate courts, benefitting the regu- ble and affordable to our customers. was included by a bipartisan, broadly-sup- lator and the regulated community. All of Thank for your time and consideration. ported amendment during the House Agri- the key federal rulemaking agencies are sub- Sincerely, culture Committee’s consideration of CFTC ject to direct appellate review—including the SUSAN N. KELLY, reauthorization legislation in the 114th Con- Securities Exchange Commission and Fed- President & CEO. gress. eral Energy Regulatory Commission. There Under current law, church plans are gen- CHAMBER OF COMMERCE OF THE is no logical justification to treat the CFTC erally exempt from the CPO and CTA re- UNITED STATES OF AMERICA, differently. quirements; however, the exemption does not Congress certainly did not intend to pro- Washington, DC, January 11, 2017. include church plan-related accounts. vide the CFTC a large new regulatory man- TO THE MEMBERS OF THE U.S. HOUSE OF Church benefits boards often use investment date without giving it the necessary guid- REPRESENTATIVES: The U.S. Chamber of managers or advisers that engage in com- ance and authority to do its job. Further- Commerce strongly supports H.R. 238, the modities transactions for the purposes of di- more, Congress did not intend for the CEA to ‘‘Commodity End-User Relief Act.’’ H.R. 238 versification and hedging. Church benefits constrain liquidity in the physical natural would reauthorize the Commodity Futures boards also have the ability to pool plan as- gas marketplace, create business-changing Trading Commission (‘‘CFTC’’) and enact a sets with other church-related funds purely impacts on regulated natural gas utilities, or number of important reforms to provide reg- for investment management purposes for the increase the costs of reliable service for nat- ulatory relief for end users of the derivatives benefit of the church. This reduces invest- ural gas consumers. As such, AGA supports market. It would also promote account- ment fees for church-related entities, as well the Commodity End-User Relief Act because ability at the CFTC and protect Main Street as benefit plan participants by providing it provides the CFTC with the tools nec- businesses from onerous and unintended con- economies of scale. essary to be a responsive regulator and re- sequences of derivatives regulation. stores the regulatory confidence that nat- The Chamber supports several amendments In contrast to the CEA and implementing ural gas utilities rely on to procure natural being offered to H.R. 238. Specifically, the regulations, the securities laws contain nec- gas supplies at the lowest reasonable cost for Chamber supports Congressman Lucas’ essary exemptions for church plans and the benefit of America’s natural gas con- amendment to provide relief to Main Street church plan-related accounts for the same sumers. businesses by clarifying the treatment of reason noted above. Under these laws, interaffiliate swaps. The amendment would Sincerely, church plans are not required to register or drive down the cost of using derivatives by GEORGE LOWE, report as investment companies, register se- end-users and help Main Street businesses Vice President, Federal Affairs, curities held, or disclose information about employ safe and effective risk management American Gas Association. the securities they hold. strategies on a more cost-effective basis. H.R. 238 similarly exempts church plans The Chamber also supports the amendment AMERICAN PUBLIC POWERTM and church plan-related accounts from the sponsored by Congressman Duffy and Con- ASSOCIATION, commodity pool definition and from CTA gressman Scott to clarify that the CFTC registration requirements. The exemptions Arlington, VA, January 10, 2017. shall not have the authority to access pro- would provide parity between securities and Hon. K. MICHAEL CONAWAY, prietary source code without a subpoena. commodities laws concerning church plans Hon. COLLIN C. PETERSON, Their amendment would protect highly sen- and church plan-related accounts. Addition- Committee on Agriculture, House of Representa- sitive intellectual property, which would re- ally, the exemptions would reduce the cost tives, Washington, DC. spect established due process rights and en- DEAR CHAIRMAN CONAWAY AND RANKING to church plans and would ensure they have sure that proprietary source code does not MEMBER PETERSON: On behalf of the Amer- the full benefit of commodities investments fall into the wrong hands as a result of a ican Public Power Association (APPA), I am that provide diversification, opportunities to cyberattack or wrongdoing. writing in support of H.R. 238, the Com- Finally, as the bill moves forward, the hedge, and returns. The ultimate benefit modity End-User Relief Act (CERA) of 2017. Chamber urges consideration of how best to would be to clergy and church lay worker The legislation includes important relief for address the cross-border regulation of deriva- participants in the retirement and welfare public power utilities and other end-users tives. We strongly believe that H.R. 238 plans, who have devoted their lives to the seeking to use swaps to hedge commercial- should appropriately reflect the potential work of the church. operations risks. impact of punitive or excessive cross-border We respectfully urge the enactment of Community-owned, not-for-profit public rules on Main Street businesses seeking to CFTC reauthorization legislation which in- power utilities power homes and businesses prudently hedge their commercial and mar- cludes much-needed relief for church plans in 2,000 communities —from small towns to ket risks, both in the U.S. and abroad. We and church-plan related accounts from the large cities. They safely provide reliable, look forward to continuing to work with the CPO and CTA requirements, along the lines low-cost electricity to more than 49 million sponsors of H.R. 238 on this issue as the bill of H.R. 238, as soon as possible. Thank you Americans, while protecting the environ- moves forward. for your leadership and support on this im- ment. These utilities generate or buy elec- The Chamber commends the House of Rep- portant issue. tricity from diverse sources. They employ resentatives for prioritizing regulatory re- Sincerely yours, 93,000 people and earn $58 billion in revenue form in the 115th Congress and urges the BARBARA A. BOIGEGRAIN. each year. Public power supports local com- House to approve H.R. 238 and the amend- merce and jobs and invests back into the ments listed above as expeditiously as pos- COMMODITY MARKETS COUNCIL, community. sible. Public power utilities use swaps, options, Washington, DC, January 9, 2017. Sincerely, Chairman MIKE CONAWAY, forward contracts and other tools to manage JACK HOWARD. commercial operations risks. As not-for- House Committee on Agriculture, Washington, DC. profit entities, their goal is to provide af- CHURCH ALLIANCE, DEAR CHAIRMAN CONAWAY: We, the Com- fordable and reliable power to customers. January 9, 2017. modity Markets Council (CMC), write in sup- APPA supports the market clarity and over- HON. MICHAEL CONAWAY, port of H.R. 238, a bill to reauthorize the sight provided by the Commodity Exchange Chairman, Committee on Agriculture, Commodity Futures Trading Commission Act (CEA), and supports appropriately fund- House of Representatives, Washington, DC. ing the Commodity Futures Trading Com- DEAR CHAIRMAN CONAWAY: On behalf of the (‘‘CFTC’’). mission (CFTC). To date, however, imple- Church Alliance, I write to thank you for CMC is a trade association that brings to- mentation of the Dodd-Frank Act amend- your leadership on H.R. 238, the ‘‘Commodity gether exchanges and their industry counter- ments to the CEA shows clear short-com- End-User Relief Act.’’ parts. Its members include commercial end- ings. The Church Alliance is a coalition of the users that utilize the futures and swaps mar- CERA would address these concerns, for chief executive officers of 37 church benefit kets for agriculture, energy, metal, and soft example, by codifying CFTC rules allowing programs. It includes mainline Protestant commodities. Its industry member firms also public power utilities to enter swaps with denominations, two branches of Judaism, include regular users and members of swap the full array of counterparties to swaps and Catholic dioceses, schools and institu- execution facilities (each, a ‘‘SEF’’) as well needed to hedge their commercial operations tions. The benefit programs (‘‘church plans’’) as designated contract markets (each, a risks. CERA would also address issues re- provide retirement and health benefits to ‘‘DCM’’), such as the Chicago Board of Trade, lated to the definition of ‘‘bona fide hedg- more than 1 million clergy, lay workers, and Chicago Mercantile Exchange, ICE Futures ing,’’ swap reporting in illiquid markets, and their family members. US, Minneapolis Grain Exchange, NASDAQ

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.006 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H408 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Futures, and the New York Mercantile Ex- stable rates, which has a direct and signifi- Mr. CRAWFORD. Mr. Chairman, 5 change. Along with these market partici- cant impact on literally every area of the years of bipartisan committee work pants, CMC members also include regulated U.S. economy. Since wholesale electricity has contributed to the drafting of H.R. derivatives exchanges. and natural gas historically have been two of The businesses of all CMC members depend the most volatile commodity groups, our 238, the Commodity End-User Relief upon the efficient and competitive func- member companies place a strong emphasis Act. It is time we passed it for the sake tioning of the risk management products on managing the price volatility inherent in of businesses across the United States traded on DCMs, SEFs, and over-the-counter these wholesale commodity markets to the who need greater certainty in man- (‘‘OTC’’) markets. As a result, CMC is well- benefit of their customers. The derivatives aging their risk. positioned to provide a consensus view of market has proven to be an extremely effec- In advance of writing this legislation commercial end-users on the impact of the tive tool in insulating our customers from to reauthorize the CFTC, the House Commission’s proposed regulations on de- this risk and price volatility. In sum, our Committee on Agriculture held 22 hear- rivatives markets. Its comments, however, members are the quintessential commercial represent the collective view of CMC’s mem- end-users of swaps. ings on the future of the Commission bers, including end-users, intermediaries, ex- As such, regulations that make effective and the state of the derivatives indus- changes, and benchmark providers. risk management options more costly for try. I mention the number 22 to high- CMC urges you to support this legislation end-users of swaps will likely result in high- light how extensive the data collection to reauthorize the CFTC because the bill er and more volatile energy prices for retail, and deliberation has been. contains clarifications similar to those in commercial, and industrial customers. H.R. To make this reauthorization as H.R. 2289, the Commodity End-User Relief 238 goes a long way in providing much need- complete and thorough as possible, ed regulatory relief and even greater clarity Act, from the last Congressional session those 22 hearings collected feedback (114th Congress), which passed the House Ag- to the compliance landscape facing EEI and riculture Committee and the U.S. House of the entire end-user community going for- and testimony from every segment of Representatives with bipartisan support. We ward. the futures and swaps markets, from believe the provisions in this legislation Thank you for your leadership on these im- end users to regulators. We have used would go a long way to addressing the unin- portant issues. We look forward to working the testimony to draft legislation that tended consequences Main Street businesses with you to advance this legislation through will make derivatives markets work have suffered as a result of derivatives regu- the House. better for those who need them most: lation intended for Wall Street. Sincerely, THOMAS R. KUHN. businesses trying to manage their risk. Many of the fixes in this legislation are ur- But not only is this reauthorization gently needed to stop upcoming initiatives Mr. CONAWAY. Mr. Chair, I reserve language exhaustively researched, it that will greatly harm end-users and dras- the balance of my time. tically reduce the economic efficiency of Mr. PETERSON. Mr. Chairman, I has also already been approved by this hedges. Although the CFTC has recently yield myself such time as I may con- Chamber multiple times, starting in made great strides in addressing end-users’ sume. the 113th Congress. concerns, some of the remedies needed can I rise in opposition to this bill. The In the 113th Congress, the Committee only be addressed by Congress. bill last Congress went too far; and the completed H.R. 4413, which passed the We respectfully request your support for House with strong bipartisan support. these non-controversial fixes that are of such one in this Congress, in my opinion, is importance to end-users. Thank you for your going too far as well. The Commission, In the 114th Congress, we put forward consideration and your continued leadership. in my opinion, just needs a simple re- the Commodity End-User Relief Act of Sincerely, authorization. I urge Members to con- 2015, which was very similar to H.R. GREGG DOUD, sider this when deciding how to vote on 4413, and also passed the House with President, Commodity Markets Council. the amendments that will be debated support from both parties. Now, not here on the floor. only is H.R. 238 virtually identical to EDISON ELECTRIC INSTITUTE, Title II actually makes it more dif- the reauthorization bill, which passed January 9, 2017. the House last Congress, H.R. 238 also Hon. PAUL RYAN, ficult for the Commission to function, Speaker, House of Representatives, and I am also concerned that title III’s includes the amendments that were Washington, DC. cross-border rulemaking mandate will adopted on the House floor during de- Hon. MICHAEL CONAWAY, result in a race to the bottom for mul- bate. Chairman, House Agriculture Committee, House tinational banks in the swaps market, I will turn my focus toward the peo- of Representatives, Washington, DC. which is a global market. ple that this tested and proven lan- Hon. NANCY PELOSI, On top of that, this bill caps the guage will help, largely end users. Al- Minority Leader, House of Representatives, agency’s yearly budget at $250 million though end users are not investors, Washington, DC. for the next 5 years, and it does this speculators, or risk takers, they have Hon. COLLIN PETERSON, Ranking Member, House Agriculture Committee, when every single witness before the borne the brunt of many of the con- House of Representatives, Washington, DC. Agriculture Committee last year told sequences of new regulations. DEAR SPEAKER RYAN, LEADER PELOSI, us that the agency needs more re- Derivatives are used by a huge swath CHAIRMAN CONAWAY, AND RANKING MEMBER sources to do its work. Well, maybe of businesses for risk management pur- PETERSON: On behalf of the member compa- that is the whole point—that this bill poses, including manufacturers, farm- nies of the Edison Electric Institute (EEI), I will leave the agency to not doing ers, ranchers, and other businesses that want to express our strong support for H.R. much, and I think that would be a mis- buy or sell products overseas, pension 238, the Commodity End-User Relief Act. Key funds, insurance companies, and others provisions in the legislation provide addi- take. We tried that once before, and we tional certainty and clarify congressional in- found ourselves in a real mess. who face risks that the prices for their tent on a number of issues of significant im- Since we last discussed reauthoriza- business inputs and outputs frequently portance to EEI members. tion, the market situation has fluctuate. EEI is the association of U.S. investor- changed, and the CFTC has addressed Mr. Chairman, I urge my colleagues owned electric companies. EEI’s members many of our concerns through rule- to support this long overdue legisla- provide electricity for 220 million Ameri- making. Yet, the Agriculture Com- tion. cans, operate in all 50 states and the District mittee wasn’t given the chance to con- Mr. PETERSON. Mr. Chairman, I of Columbia, and directly and indirectly cre- yield 2 minutes to the gentlewoman ate jobs for more than 1 million Americans. sider these issues before the bill was With more than $100 billion in annual capital rushed to the floor here today. So we from the Virgin Islands (Ms. expenditures, the electric power industry is are moving forward, once again, with- PLASKETT). responsible for providing safe, reliable, af- out regular order. Ms. PLASKETT. Mr. Chairman, I rise fordable, and sustainable electricity that Again, I oppose this bill and urge my today to speak in opposition to H.R. 238 powers the economy and enhances the lives colleagues to vote ‘‘no.’’ and express my concerns with the proc- of all Americans. I reserve the balance of my time. ess and the need for this legislation at EEI members are non-financial entities Mr. CONAWAY. Mr. Chairman, I this time. that participate in the physical commodity yield 3 minutes to the gentleman from As we all know, the Commodity Fu- market and rely on swaps and futures con- tracts primarily to hedge and mitigate their Arkansas (Mr. CRAWFORD), who is the tures Trading Commission is an inde- commercial risk. The goal of our member subcommittee chairman for the Gen- pendent Federal regulatory agency companies is to provide their customers with eral Farm Commodities and Risk Man- that, after the 2008 financial crisis, reliable electric service at affordable and agement Subcommittee. took on more responsibility to bring

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.011 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H409 greater transparency and oversight to mittees must hold up their end of the by piece, which was enacted to protect the multihundred-trillion-dollar de- bargain. consumers and protect our markets in rivatives market. The derivatives industry has been the wake of that terrible financial cri- This new bill, H.R. 238, has new man- through major reforms during the past sis that practically ruined our econ- dates and steps in it which will force few years. This legislation recognizes omy. the Commodity Futures Trading Com- and appreciates the transformation of Now, Republicans say they don’t like mission to redirect funding from its this industry while providing Congress regulation, and it seems they espe- core mission to satisfy some of the new with an opportunity to use the reau- cially don’t like any regulation on Wall mandates within this rule. thorization process as a means to im- Street. Have they forgotten the recent H.R. 238 sets a flat reauthorization prove the regulatory environment and financial crisis that nearly destroyed level of $250 million per year for the the impact it has on responsible mar- our economy? Have they forgotten who next 5 years, despite the annual aver- ket participants. was primarily responsible for that cri- age budget requests of the agency of In that vein, this legislation also in- sis? Apparently, they have. Now, I am well over $300 million since passage of cludes an amendment I offered at the not for endless and unnecessary regula- Dodd-Frank. Freezing the funding level Committee that would remove unnec- tion. Nobody is. But I do think it is ap- makes the new rules almost impossible essary and duplicative regulations cre- propriate for us to create commonsense to enforce. While we understand the ated by the CFTC that requires certain rules that protect our markets and pro- need for the end users, the work of this registered investment companies, such tect our constituents’ hard-earned dol- group must go forward. as mutual funds, to be regulated by lars. This punitive level effectively caps both the SEC and the CFTC. I find it troubling the Republican the CFTC budget and is a substantial Costly, burdensome, redundant regu- leaders in this House don’t want to pro- departure from past reauthorization lations have real-world impacts. Con- vide necessary resources to the Com- language providing for such funding as gress needs to shift its focus back to mission to patrol Wall Street. Without may be necessary for CFTC to carry policies that promote strong and cops on the beat, who will ensure Wall out its expanded authorities under healthy markets. This is a great start. Street actors aren’t gaming the system Dodd-Frank. Mr. Chairman, I am proud of the and putting the economy at risk for H.R. 238 will make it more difficult Committee’s work on this bill. I want another meltdown. I ask my Repub- for CFTC to function and stifles its to express my appreciation for Chair- lican friends: When will Main Street ability to respond quickly to the rap- man CONAWAY’s leadership and work to take priority over Wall Street? idly changing markets it regulates. get us here. I also take issue with the various I thank Chairman CONAWAY for hav- This is an important bill, and I urge provisions of this bill that will both ing allowed us in the last Congress to my colleagues to vote ‘‘yes.’’ slow the agency’s work and create new have many hearings and discussions Mr. PETERSON. Mr. Chairman, I avenues for costly and lengthy legal about this bill; but we have not even, yield 4 minutes to the gentleman from battles. By the way, implementing these pro- as a matter, organized the Agriculture Massachusetts (Mr. MCGOVERN). visions will cost the Commission an ad- Committee in the 115th Congress to Mr. MCGOVERN. Mr. Chairman, I ditional $45 million over the next 5 bring this matter to the floor at this rise in strong opposition to H.R. 238, years and will require an additional 30 time. Therefore, the substance of the legislation to reauthorize the Com- full-time employees. So in addition to bill, as well as the process by which it modity Futures Trading Commission, underfunding an already overworked is coming to this floor, are to be ques- better known as the CFTC. Instead of agency, we are creating a situation tioned at this time. working through regular order to where even more resources will be I urge my colleagues to vote against produce an authorization bill that both needed to satisfy burdensome and un- the bill. Democrats and Republicans could have necessary requirements. Now, that Mr. CONAWAY. Mr. Chairman, I supported, the majority in this House means fewer dollars for the Commis- yield 3 minutes to the gentleman from rushed to the floor a deeply flawed sion to carry out its core mission of Illinois (Mr. DAVIS), who is the sub- piece of legislation that hamstrings the combating abuse and fraud in our mar- committee chairman for the Sub- CFTC and undermines its ability to kets and ensuring end users, investors, committee on Biotechnology, Horti- react to changing market conditions. and the public are protected. culture, and Research. The burdensome requirements in this Now, Mr. Chairman, our constituents Mr. RODNEY DAVIS of Illinois. Mr. legislation and the lack of appropriate didn’t send us to Washington to ignore Chairman, I rise today in strong sup- funding are nothing more than a mis- bad actors in our financial markets. port of this legislation. guided attempt by Republicans to They certainly didn’t send us to Wash- Farming is an inherently risky busi- make it more difficult for the Commis- ington to create a regulatory environ- ness. Yet, I am incredibly grateful to sion to function—to make it harder to ment that could put us on a path to- the farmers in my district and across protect consumers and make it more ward another downturn. So who are we the country who proudly take on these difficult to rein in the abuses of Wall here to represent, the Wall Street risks in order to provide our country Street. banks or our hardworking constituents and many countries across this globe I strongly object to the authorization who deserve elected Representatives with a sustainable, abundant food sup- level in this legislation. Basically, my who do everything in their power to ply. Given the importance of agri- Republican friends are flat funding the prevent another financial crisis? culture to our Nation’s food supply, it CFTC for 5 years, and that is despite I would also like to say a few words makes sense to provide farmers, agri- calls from the former and current about the cross-border requirements businesses, and manufacturers the chairman asking us to provide addi- imposed by this bill, requirements that tools to hedge the risks that come with tional resources to the agency to en- would hamstring the Commission’s ef- doing their business. hance their ability to police Wall forts to regulate the global swaps in- Because of the risks of price move- Street. dustry in cooperation with regulators ments in commodities, such as corn Now, Dodd-Frank significantly ex- around the globe. and soybeans, these end users use de- panded the Commission’s role in over- My colleagues across the aisle keep rivatives to ensure they and their cus- seeing our financial markets, and the saying that this bill is essential to help tomers aren’t negatively impacted by Commission has done its part to create farmers, ranchers, utilities, and Main sudden price changes. rules that will help to prevent another Street small business. But the farmers This legislation reauthorizes the financial crisis, despite the fact that in this country don’t have a London of- CFTC, which has been without a statu- Congress has not provided appropriate fice to trade their swaps, they don’t tory authorization for almost 4 years. funding. have a derivatives desk in Tokyo, and That is unacceptable, Mr. Chairman. If Now, I get it. My Republican friends they aren’t trading interest rate swaps we are serious about getting back to don’t like Dodd-Frank. Ever since they in Geneva. regular order in regards to the appro- took back control of the House, they The CHAIR. The time of the gen- priations process, the authorizing com- have tried to dismantle the law piece tleman has expired.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.027 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H410 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Mr. PETERSON. Mr. Chairman, I trip to Chicago to visit the CFTC office As everyone on this floor knows, the yield an additional 1 minute to the and to tour key industry facilities. In committee process is essential to en- gentleman from Massachusetts. the 6 years that I have served on this suring that the interests of the Amer- Mr. MCGOVERN. Mr. Chair, let’s be committee, we have held 22 hearings on ican people are truly represented in the clear about who the cross-border provi- the future of the Commission and the legislation and brought to the floor. I sion in this bill is designed to help. It state of the derivatives industry. We understand that this bill was brought isn’t end users. It isn’t farmers. It isn’t held two separate markups on previous up in the 114th Congress where it was manufacturers or utilities or Main versions of this reauthorization in the reviewed by the committee. It is only Street businesses. It is the small group 113th and 114th Congresses, followed by right that we maintain our democratic of multinational financial firms that passage of these bills on the House principles and ensure that H.R. 238 have controlled the swaps market from floor. In fact, the bill we are taking up fully undergoes committee review in the beginning. We have seen what hap- today is almost identical to the bill this Congress. pens when they are left to their own passed on this floor last Congress. Mr. Chairman, this is not a partisan devices. Crises in the swaps market do Every single amendment to this bill of- concept. These are the values I held as not respect national borders and fered by a Member of the House will be a Republican State legislator, as a po- boundaries. And that is why our regu- voted on today, including my amend- lice officer working in the community, lators from the Commission have been ment to provide relief to farmers, agri- and as a community leader. engaged with their international coun- cultural cooperatives, and grain ele- Mr. Chairman, I ask: If this legisla- terparts in crafting rules for these vators from burdensome reporting re- tion was sent through the committee markets since 2009. quirements. The process of considering in the last Congress, is it not going to the committee again? b 1300 the bill has been fair and open. I thank the chairman for bringing up This process subverts the rules of They should be encouraged in that ef- this much-needed bill to provide regu- this Congress, which, I might add, were fort in every way possible through latory relief to my constituents established only last week. Bypassing funding and expansive authority to get through this fair and open process. I the normal rules of order marginalizes the rules right. This bill provides nei- encourage my colleagues to support the voice of the American people in the ther. this bill. legislative process and forces a vote on Mr. Chairman, I urge my colleagues Mr. PETERSON. Mr. Chairman, I legislation that is not complete. to oppose this misguided legislation. yield 3 minutes to the gentleman from I encourage my colleagues to make Mr. CONAWAY. Mr. Chairman, I Arizona (Mr. O’HALLERAN), a new mem- sure that the voice of the American would like to point out for the RECORD ber to the House and a new member of people is heard and this legislation is that over the past two fiscal years, the committee, and somebody who ac- brought up under the rules of regular since 2013, the CFTC has received a 29 tually has experience in this business order. For this reason, I ask my col- percent increase in funding. It has gone during his storied career. leagues to join me in opposing this leg- from $194 million to its current level of Mr. O’HALLERAN. Mr. Chairman, I islation before us. $250 million. I think you would be hard- thank the ranking member with whom Mr. CONAWAY. Mr. Chairman, I am pressed to find any other agency I look forward to serving on the Agri- proud to yield 3 minutes to the gen- throughout this government that has culture Committee on behalf of the tleman from Florida (Mr. YOHO), an- gotten a 29 percent increase in its re- people of Arizona. other valuable member of the Agri- sources over that timeframe. Mr. Chairman, I rise today to express culture Committee. I now yield 3 minutes to the gentle- my deep opposition to H.R. 238. I am Mr. YOHO. Mr. Chairman, I appre- woman from Missouri (Mrs. HARTZLER), troubled by the way this legislation, ciate the opportunity to speak in favor a valuable member of the Ag Com- the Commodity End-User Relief Act, of H.R. 238, the Commodity End-User mittee. has been brought to the floor. This bill Relief Act. Mrs. HARTZLER. Mr. Chairman, I was only introduced last week. It is I thank Chairman CONAWAY for his rise today in support of the Commodity being rushed to a vote. leadership and his continued commit- End-User Relief Act. I thank the chair- I am especially bothered by the at- ment to positive reforms through the man for the countless hours that he tempt to bring this bill to the floor Agriculture Committee. It has been a and members and staff of the Ag Com- outside the rules of regular order. privilege to work with him on issues mittee have put into crafting this bill, There were no committee hearings. impacting our Nation’s rural commu- which is designed to provide relief to There were no markups held by the nities. the end users across the Nation that committee, and the Members of the I also thank Subcommittee Chairman were never intended to be burdened by Agriculture Committee have been de- AUSTIN SCOTT for his work in bringing these rules and regulations. nied the opportunity to discuss the this bill to the floor yet again. I have heard from many end users in merits of this legislation. This bill will provide much-needed my district about the need for com- As a freshman member of the 115th relief to the end users of this country monsense reforms to our financial reg- Congress, I am especially bothered that in the wake of the Dodd-Frank Wall ulations that are encapsulated in this this bill has been brought to the floor Street reform bill. End users in the bill bill. These financial regulations affect before the Agriculture Committee has are the farmers and ranchers and pub- entities and the people I represent and even been fully organized. As a new lic utilities across our country. When rely on every day, from the rural elec- member of the Ag Committee, I am costs increase for them, they increase tric cooperatives that use these finan- troubled that my colleagues think they for all Americans. The farmer was not cial tools to keep energy prices as low can bypass the important feedback pro- the reason for the economic recession and as stable as possible for rural Mis- vided during the committee process. I that began in 2008. The rancher was not sourians, to the local grain elevators represent over 80 communities in my the reason, nor was the power com- and farmers that manage their price district with a wide range of opinions pany. risk using futures and options at a and interests. Hearing from my con- So why bring them under the um- time when prices are low. And times stituents and getting feedback is crit- brella of the Dodd-Frank Wall Street are hard in farm country. Regulatory ical to my duties as their Representa- reform? relief for Main Street is way past due tive in Congress. We should include Rural America is not Wall Street. It on these regulations that were de- their voices in the policymaking proc- is this view held by some of my col- signed to regulate Wall Street. ess, not just special interests that have leagues on the other side of the aisle During this debate, I have heard the resources to keep lobbyists here in that has alienated so many in rural some of my colleagues’ concerns that Washington. America. this bill has not followed regular order. The committee process allows mem- The Agriculture Committee has ap- But we have spent countless hours in bers to gather critical information, proved this measure four times briefings, hearings, and markups on have a positive discussion, and make through regular order in the com- this very bill. Many of us even took a necessary changes to the legislation. mittee. Its commonsense reforms have

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.029 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H411 garnered bipartisan support in the creates an unreasonable and hard-to- in my own district in the city of Red- 114th Congress and the 113th Congress. overturn presumption that the regula- ding, who have used swaps to manage It is my hope that with this new ad- tions of the largest eight foreign swaps their risk for years, and this bill safe- ministration taking office next week, markets are equivalent to U.S. regula- guards their ability to do so while pro- these commonsense changes will fi- tion, allowing global megabanks to opt tecting taxpayers from high, unneces- nally be signed into law. out of CFTC regulation. sary costs. I implore my fellow colleagues to lis- H.R. 238 is simply a bad bill, but not Our farmers, ranchers, manufactur- ten to rural America. Remember, they leaving well-enough alone, Republicans ers—again, the end users—and other are not Wall Street. are attempting to make it worse businesses who pose no systemic risk I thank Chairman CONAWAY, Sub- through multiple amendments. to our financial system and did not committee Chairman AUSTIN SCOTT, Troublingly, the Lucas amendment cause the financial crisis should not and Ranking Member DAVID SCOTT for would create loopholes in our swaps re- have to face costly red tape from poli- making this a priority. I urge my col- gime by exempting trades between af- cies meant to protect them in the first leagues to support this bill. filiates. Therefore, such trades would place. Mr. PETERSON. Mr. Chairman, I not have to comply with certain re- I want to thank, again, Chairman yield 4 minutes to the gentlewoman porting, clearing, or initial margin re- CONAWAY for leading on this issue and from California (Ms. MAXINE WATERS), quirements, creating a dangerous blind for the hard work in committee, all the the ranking member of the Financial spot in the markets. What is more, the conversations, all the background it Services Committee. amendment is in direct contravention takes to get this done and put the light Ms. MAXINE WATERS of California. to already-provided, targeted relief, in- on the practical effects of the unin- Mr. Chairman, I rise today in strong cluding the inter-affiliate clearing ex- tended consequences on the actual cus- opposition to H.R. 238, a bill that would emption that Congress passed in a bi- tomers, the end users. hamstring the ability of the Com- partisan fashion in the 2016 Consoli- This bill is about American producers modity Futures Trading Commission dated Appropriations Act, which con- and consumers. I am proud to be part to protect our Nation’s farmers, manu- tained numerous safeguards to ensure of this work product we have on the facturers, municipalities, and retirees. appropriate CFTC oversight. floor today, and I urge my colleagues I urge my colleagues to join me in Indeed, the agency has weighty respon- to support this measure. opposing that and other harmful sibility to oversee our commodity, fu- Mr. PETERSON. Mr. Chairman, I re- amendments, and oppose H.R. 238. tures, and swaps markets to ensure serve the balance of my time. Mr. CONAWAY. Mr. Chairman, I Mr. CONAWAY. Mr. Chairman, may I that they are not only fair to market would like to point out for the RECORD inquire as to how much time is left on participants, but also that they are that the cost-benefit analysis rules in both sides. protected from manipulation, fraud, this bill are modeled after Executive The CHAIR. The gentleman from and abuse. Order 13563, which President Obama Texas has 131⁄2 minutes remaining. The Such misconduct in these markets signed into the executive order status, gentleman from Minnesota has 141⁄2 can impact everything from the price and they are forward-looking. Nothing minutes remaining. of oil, natural gas, and bread, to the in- in our bill would require what might be Mr. CONAWAY. Mr. Chair, I yield 3 terest rates on mortgages, credit cards, a much-needed re-look at the Dodd- minutes to the gentleman from Geor- auto loans, and student loans. Frank rules done in the past. The cost- gia (Mr. AUSTIN SCOTT), who is the As we saw in the financial crisis, benefit analysis would require any fu- chairman of the Subcommittee on fraud and abuse in the swaps markets ture rulemaking to comply. Commodity Exchanges, Energy, and can lead to systemic risks. Recall that I yield 3 minutes to the gentleman Credit. credit default swaps, made famous by from California (Mr. LAMALFA), an- Mr. AUSTIN SCOTT of Georgia. Mr. AIG, fueled the crisis, bankrupted mil- other valuable member of the Agri- Chairman, I rise today in support of lions of homeowners, and cost tax- culture Committee. H.R. 238, the Commodity End-User Re- payers trillions of dollars. To prevent Mr. LAMALFA. Mr. Chairman, I lief Act. It is simply good governance that from happening again, Congress, thank Chairman CONAWAY for his lead- to reauthorize the Commodity Futures in the Dodd-Frank Act, gave the CFTC ership and the opportunity to speak Trading Commission, which has been new authority over the swaps market today. operating without authorization since and required it to adopt reforms which, I rise today in strong support of H.R. 2013. I think this legislation represents thanks to its hard work, are largely in 238, the Commodity End-User Relief the kind of thoughtful and bipartisan place. Act. For the last 2 years, as a member approach to policymaking that is often But rather than applaud the work of of the Agriculture Committee, I have lacking in this place. the CFTC and provide it with funds it worked continuously to improve the In the 114th Congress, I served as needs to do its job, Republicans con- operations of the Commodity Futures chairman of the Subcommittee on tinue to seek to undermine its regu- Trading Commission. Commodity Exchanges, Energy, and Through a great deal of bipartisan latory authority, impose new proce- Credit, and during several of the hear- hearings, members were able to hear dural hurdles, and ultimately thwart ings on this reauthorization, we heard from everyone at the table—the regu- its ability to protect the American peo- diverse perspectives from end users, lators, market participants, and end ple. from market participants, and from For example, H.R. 238 would impose users alike. When discussing how to en- sure robust markets, consumer protec- regulators. That testimony, coupled onerous burdens and introduce new with the testimony from numerous litigation risks by requiring the CFTC tions, and relief for end users, H.R. 238 truly represents a true agreement. other hearings at the subcommittee to conduct what is known as cost-ben- After all, the end users are our cus- and full committee level in past Con- efit analysis slanted toward the indus- tomers. They are the whole reason for gresses, was instrumental in drafting try, tying the CFTC’s hands and set- this legislation and this entity to begin the legislation before us today, which ting up roadblocks to prevent them with. is the same legislation that passed the from doing their job and protect inves- Another important provision in- House of Representatives last Congress tors. This is a tactic used by opponents cluded in this bill is language I had in June 2015. of financial reform to prevent, delay, previously introduced, the Public This bill includes needed reforms to weaken, and now under a Trump ad- Power Risk Management Act, which clarify congressional intent, minimize ministration, repeal any rules imple- ensures that 47 million Americans who regulatory burdens, and, most impor- menting the Dodd-Frank Act. rely on public power for electricity will tantly, preserve the ability of nec- This bill also would make it harder not see their rates increase due to un- essary risk management markets to for the CFTC to police the overseas de- intended consequences of Dodd-Frank. serve those who need them. rivatives operations of megabanks like Time and again we have heard how Citigroup, J.P. Morgan and Bank of b 1315 end users—who, I want to point out, America, even though the risk may There are 2,000 publicly owned utili- were not the cause of the financial cri- still be borne by U.S. taxpayers. It also ties across this country, including one sis—have been the collateral damage of

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.031 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H412 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Dodd-Frank reforms. These end users also want to thank the ranking mem- Commission. We should insist that his- are our farmers, ranchers, manufactur- ber. While we may vote differently on toric hedging practices be protected. ers, and electric and gas utilities, and this bill, he and I generally work well The Commission has issued a new they rely on the derivatives markets to together on a myriad of issues that rule on ownership, control, and report- manage their risk, thereby helping to face not only production agriculture, ing that it knows isn’t working. They keep consumer costs low. but rural America as well, and I thank have delayed its implementation for It is essential that we provide end him for his work, even though we may over 3 years by continuing to parcel users with much-needed relief and clar- not vote exactly the same way today. out temporary reprieves. We should in- ity in order to prevent the cost of un- Over the past 4 years, the Committee sist the Commission amend the rule so necessary regulatory burdens that lead on Agriculture heard dozens of wit- that market participants know defini- to increased costs and uncertainty nesses about the upheaval end users tively what their compliance obliga- being shouldered by the American citi- have been facing while trying to use tions are. zens in my district and across the derivative markets in the wake of the The definition of swap does not ex- country. post-crisis financial reforms. While clude transactions that are wholly con- I want to note that this legislation in this Congress took affirmative steps in tained within a single company and not no way undermines the goals of Dodd- Dodd-Frank to protect end users from market facing. Regulators have used Frank. Instead, it simply eases the reg- harm, today it is clear that there is this leeway to require businesses and ulatory burden on those who use the still work to be done. have been facing financial institutions to follow rules derivatives markets not so they can while trying to use derivative markets that are, quite frankly, inappropriate speculate, but so they can hedge risk. in the wake of the post-crisis financial for risk management purposes and Ultimately, this bill is about pro- reforms. While this Congress took af- costly for the companies to use them. tecting the American producer and the firmative steps in Dodd-Frank to pro- We should amend the statute, to make American consumer. tect end users from harm, today it is it clear that inter-affiliate trans- I want to close by thanking Chair- clear that there is still work to be actions should not be regulated the man CONAWAY for his strong leadership done. same way as publicly transacted swaps. on the House Committee on Agri- It isn’t enough to simply raise these The challenges facing businesses who culture, and the ranking member of the issues and hope that the CFTC will hedge their risks in derivatives mar- Commodity Exchanges, Energy, and take care of them for us—for one, kets are real. Today we have an oppor- Credit Subcommittee and my colleague sometimes they cannot. There are nu- tunity to fix some of those problems. from Georgia (Mr. DAVID SCOTT), who merous small oversights in the statute Every dollar that a business can save has been a steady partner throughout that have big implications for end by better managing its risk is a dollar this effort. users that we must correct in this leg- available to grow that business, pay We have worked diligently to produce islation. higher wages, and lower costs to con- legislation that provides needed re- Currently, the CEA defines some util- sumers or protect investors. forms to ensure our regulatory frame- ity companies as financial entities, Over the past week, over 30 organiza- work protects the integrity of our mar- stripping them of their status as end tions representing thousands of Amer- kets, while not limiting the ability of users. The Commission can’t fix this. ican businesses have voiced their sup- end users to access those tools to con- The core principles for SEFs, which port for the important reforms in the duct their business. were added to the CEA by Dodd-Frank, Commodity End-User Relief Act. Busi- Mr. Chairman, I believe the CFTC were lifted almost word for word from nesses from farm country to major should be reauthorized, and I am proud the core principles for futures ex- manufacturers, to public utilities need to support H.R. 238, the Commodity changes, even though swaps exchanges every tool available to manage their End-User Relief Act, and I urge my col- and futures exchanges operate com- businesses and reduce the uncertainties leagues to join me in voting for this pletely differently and SEFs cannot they face each day in today’s global legislation. perform many of the functions of a fu- economy. Mr. PETERSON. Mr. Chairman, if I tures exchange. The Commission can- I urge my colleagues to support the could inquire from Chairman CONAWAY not fix this. Commodity End-User Relief Act, pro- if he has any more speakers? Certainly, the Commission can and tect these companies, and ensure that Mr. CONAWAY. I have no further has tried to paper over these problems, they have the tools they need to com- speakers. issuing staff letters explaining how it pete in a global economy. Mr. PETERSON. Is the gentleman will deal with incongruities in the law. Mr. Chairman, I yield back the bal- prepared to close? But that isn’t good enough. We know ance of my time. Mr. CONAWAY. Mr. Chairman, may I the problems. We should fix them, and Mr. GOODLATTE. Mr. Chair, I rise today to inquire as to who has the right to fix them now. first express my great appreciation to Chair- close? The CHAIR. The gentleman from Sometimes, though, the problem man MICHAEL CONAWAY and Subcommittee Texas has the right to close. isn’t the statute. There are a number Chairman AUSTIN SCOTT for their hard work in Mr. PETERSON. Mr. Chairman, I of end-user issues that we have heard crafting H.R. 238, the Commodity End-User yield myself such time as I may con- testimony about which the CFTC will Relief Act, legislation to reauthorize the Com- sume. not fix, because the Commission sim- modity Futures Trading Commission (CFTC). In closing, I just wish that I could ply disagrees with Congress about how Chairman Conaway and Subcommittee Chair- support a reauthorization bill, a clean to apply the law. We know these prob- man AUSTIN SCOTT held four hearings bill for the CFTC that came through lems also. throughout the 114th Congress regarding the the Committee on Agriculture in reg- The Commission has promulgated a CFTC and its future, during which time they ular order, but that is not what has rule that reduces the transaction invited input from a wide variety of interested happened. threshold to be considered a swap deal- stakeholders. I believe that they have struck I want to thank Chairman CONAWAY er from $8 billion to $3 billion, a 60 per- the right balance in providing the CFTC with for his work in the last Congress, try- cent decline, while it is still studying the authorizations necessary for the agency to ing to find common ground, and I hope the matter. We should require that the do its job, while increasing oversight, insti- that we can get back to regular order CFTC complete the study and have a tuting reforms to protect end-users from regu- in the future in the committee. public vote on that matter. latory overreach, and improving consumer pro- So again, Mr. Chairman, I urge my The Commission has proposed a new tection against fraud or mismanagement. colleagues to oppose H.R. 238, and I method of granting bona fide hedge ex- I am also pleased to see that since the yield back the balance of my time. emptions that is significantly narrower House of Representatives last acted to reau- Mr. CONAWAY. Mr. Chairman, I than the current method, upending thorize the CFTC, in light of many years of yield myself such time as I may con- longstanding hedging conventions for concern about aluminum markets and sume. market participants. This proposal has warehousing practices, the London Metal Ex- As I close, I want to remind us of the the added disadvantage of being dra- change has implemented additional reforms to need to act today. But before I do, I matically more labor intensive for the their aluminum warehousing practices and

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K12JA7.032 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H413 contracts. Now that the London Metal Ex- Swaps and Derivatives Association, Inc.’s will eliminate confusion, spare needless legal change has been recognized by the CFTC as (‘‘ISDA’’) support for H.R. 238, the Com- costs, and ensure that such organizations as a Foreign Board of Trade, I look forward to modity End-User Relief Act. The legislation Jewish federations and foundations can con- was introduced on January 4, 2017. tinue to invest in widely diversified instru- continuing my review of these reforms and Since 1985, ISDA has worked to make the ments in order to maximize returns to their their impact on aluminum markets and end global derivatives markets safer and more beneficiaries who use such investment in- users, while remaining hopeful that these efficient. Today, ISDA has over 850 member come to provide additional social services to changes will accomplish their intended goal. institutions from 66 countries. These mem- the most needy among us. Once again, I would like to thank all those bers comprise a broad range of derivatives Thank you again for efforts to ensure the involved in bringing this bill to the floor, Chair- market participants, including corporations, enactment of the Commodity End-User Re- investment managers, government and su- lief Act. JFNA and the federation system man MICHAEL CONAWAY, Subcommittee Chair- pranational entities, insurance companies, stand ready to help you in any way to man AUSTIN SCOTT, and Ranking Member energy and commodities firms, and inter- achieve this important goal. If you have any DAVID SCOTT. I ask my colleagues to join me national and regional banks. In addition to questions regarding JFNA and its involve- in supporting this legislation. market participants, members also include ment in this issue I urge you to contact Ste- Mr. CONAWAY. Mr. Chair, I include in the key components of the derivatives market ven Woolf, JFNA Senior Tax Policy Counsel. RECORD the following letters of support for infrastructure, such as exchanges, inter- Sincerely, H.R. 238: mediaries, clearing houses and repositories, WILLIAM C. DAROFF, as well as law firms, accounting firms and Senior Vice President for Public Policy & JANUARY 11, 2017. other service providers. Information about Director, of the Washington Office. Hon. PAUL RYAN, ISDA and its activities is available on the Speaker, House of Representatives, Washington, NRECA, DC. Association’s web site: www.isda.org. H.R. 238 would codify new regulatory cus- Arlington, VA, January 10, 2017. Hon. NANCY PELOSI, tomer protections and enhance oversight of Hon. MIKE CONAWAY, Democratic Leader, House of Representatives, the Commodity Futures Trading Commis- Chairman, House Committee on Agriculture, Washington, DC. sion. The Commodity End-User Relief Act Washington, DC. DEAR SPEAKER RYAN AND LEADER PELOSI: would also ease the regulatory burdens Hon. COLLIN PETERSON, FIA supports H.R. 238, the ‘‘Commodity End placed on end-users. These are measures that Ranking Member, House Committee on Agri- User Relief Act’’. Notably, this legislation ISDA supports. culture, Washington, DC. reauthorizes the Commodity Futures Trad- Please also note that, while ISDA appre- DEAR CHAIRMAN CONAWAY AND RANKING ing Commission (CFTC), which has been ciates and supports the Commodity End-User MEMBER PETERSON: The National Rural Elec- without statutory authorization for almost Relief Act, we look forward to working with tric Cooperative Association (NRECA) sup- four years. In addition to reauthorizing the Congress to ensure that the cross-border pro- ports the Commodity End User Relief Act CFTC, Congress has historically taken the visions of the bill are further addressed dur- (H.R. 238), legislation to reauthorize the opportunity of reauthorization to periodi- ing the course of the legislative process. Commodity Futures Trading Commission cally review and enhance the CFTC’s au- ISDA urges you to vote for H.R. 238. Thank (CFTC) to be considered on the House floor thorities. This is essential in a regulatory you for your consideration of our views. If this week. environment where the marketplace is ex- you have any questions, please do not hesi- NRECA is the national service organiza- tremely dynamic. Given the constantly tate to contact our Head of US Public Policy tion representing over 900 not-for-profit, evolving structure to which these regulatory Christopher Young. member-owned, rural electric cooperative authorities apply, it is prudent for Congress Sincerely, systems, which serve 42 million customers in 47 states. NRECA estimates that coopera- to consider updating the statute in response SCOTT O’MALIA, tives own and maintain 2.5 million miles or to market changes. We commend the House Chief Executive Officer. Committee on Agriculture for efforts to 42 percent of the nation’s electric distribu- tion lines covering three-quarters of the na- build upon previous work and advance this THE JEWISH FEDERATIONS®, tion’s landmass. Cooperatives serve approxi- legislation. OF NORTH AMERICA, mately 18 million businesses, homes, farms, H.R. 238 contains prudent internal risk Washington DC, January 11, 2017. schools and other establishments in 2,500 of controls to safeguard market data and im- Hon. K. MICHAEL CONAWAY, the nation’s 3,141 counties. proved customer protections sought by the Chairman, House Agriculture Committee, Wash- market participants who rely on derivatives Electric cooperatives are commercial end- ington, DC. users and not financial entities. NRECA be- to manage their risks. These are examples of DEAR CHAIRMAN CONAWAY: The Jewish Fed- lieves that Congressional oversight is essen- policy enhancements that have garnered tre- erations of North America (JFNA) is writing tial to help ensure that the CFTC is imple- mendous favor in recent years as evidenced to express our support for H.R. 238, the menting the Dodd-Frank Act as Congress in- by the bi-partisan support they have re- ‘‘Commodity End-User Relief Act.’’ We are tended. To that end, NRECA supports H.R. ceived in previous Congressional sessions. particularly supportive of section 313 of the 238 as a means to ensure that resources at As noted above, the constant evolution of bill which provides for the exemption of the CFTC are prioritized to protect against the markets regulated by the CFTC has ad- qualified charitable organizations from des- vanced even since the last time the House of systemic risk to our financial system, and to ignation and regulation as commodity pool regulate swap dealers and large traders, and Representatives passed similar legislation, operators. not fruitlessly focused on the everyday com- which warrants the introduction of new stat- JFNA is the national organization that modity transactions with which end-users utory updates expected to be offered as floor represents and serves 149 Jewish Federations hedge commercial risks arising from ongoing amendments. In particular, FIA would like across the United States and North America. business operations. to lend our support to the bi-partisan Duffy/ In their communities, Jewish Federations Importantly, H.R. 238 amends the Com- Scott amendment protecting critical intel- and related Jewish community foundations modity Exchange Act (CEA) in a very narrow lectual property that is key to the innova- serve as the central address for fundraising but critical way: to clarify Congressional in- tive culture in the United States. Addition- and support for an extensive network of Jew- tent that the CFTC shall not regulate as ally, we commend Congresswoman Hartzler ish health, education and social services in ‘‘swaps’’ nonfinancial commodity contracts for her amendment recognizing the need to their area. Part of the charitable mission of that are intended to be physically settled, improve the quality of information sub- Jewish federations and Jewish community whether those contracts are forward con- mitted for the Commission’s surveillance foundations is to help grow the endowment tracts or commodity trade options. Our and large trader reporting programs. assets of their organizations as well as those members use these physical contracts to We look forward to seeing this effort ad- of related Jewish agencies and synagogues manage supply and demand for energy re- vance to the Senate where we expect to have who have entrusted their endowment funds sources, and to keep the lights on for Amer- continued dialogue on refinements. with them. This is accomplished through ican businesses and consumers. NRECA is Sincerely, pooling investment assets to maximize fi- also particularly interested in H.R. 238 lan- President and CEO. nancial return, minimize cost and risk, and guage that reduces onerous recordkeeping take advantage of investment expertise and requirements, as well as a codified resolution INTERNATIONAL SWAPS AND DERIVA- economies of scale. Increased endowment to the utility special entity requirement TIVES ASSOCIATION, INC., dollars translate into more current support that would otherwise negatively impact such Washington, DC, January 11, 2015. of essential program activities as well as utilities and their customers. Hon. PAUL RYAN, helping to assure the long-term viability of NRECA appreciates the Committee’s con- Speaker, House of Representatives, Washington, Jewish organizations and institutions. The tinued work on CFTC reauthorization legis- DC. enactment of H.R. 238 will harmonize the lation this Congress, and urges Members of Hon. NANCY PELOSI, registration exemptions between securities Congress to support H.R. 238 when it is con- Democratic Leader, House of Representatives, and commodities laws and regulations and sidered by the House of Representatives. Washington, DC. exempt qualified charities from registering Sincerely, DEAR SPEAKER RYAN AND LEADER PELOSI: their pooled funds as commodity pools or as JIM MATHESON, We are writing to express the International commodity pool operators. This exemption CEO, NRECA.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.029 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H414 CONGRESSIONAL RECORD — HOUSE January 12, 2017 SIFMA®, Sec. 206. Strategic technology plan. tain written policies and procedures regarding Washington, DC, January 10, 2017. Sec. 207. Internal risk controls. the maintenance of— Hon. PAUL D. RYAN, Sec. 208. Subpoena duration and renewal. ‘‘(A) the residual interest of the member, as Speaker, House of Representatives, Sec. 209. Applicability of notice and comment described in section 1.23 of title 17, Code of Fed- Washington, DC. requirements of the Administra- eral Regulations, in any customer segregated Hon. NANCY PELOSI, tive Procedure Act to guidance funds account of the member, as identified in Democratic Leader, House of Representatives, voted on by the Commission. section 1.20 of such title, and in any foreign fu- Washington, DC. Sec. 210. Judicial review of Commission rules. tures and foreign options customer secured DEAR SPEAKER RYAN AND LEADER PELOSI: Sec. 211. GAO study on use of Commission re- amount funds account of the member, as identi- SIFMA and its member firms support H.R. sources. fied in section 30.7 of such title; and 238, Commodity End-User Relief Act, bipar- Sec. 212. Disclosure of required data of other ‘‘(B) the residual interest of the member, as tisan legislation that seeks to reauthorize registered entities. described in section 22.2(e)(4) of such title, in any cleared swaps customer collateral account the Commodity Futures Trading Commission TITLE III—END-USER RELIEF (CFTC) to better protect swaps customers, of the member, as identified in section 22.2 of Sec. 301. Transactions with utility special enti- such title; and provide market certainty for end-users, and ties. make basic reforms to improve the func- ‘‘(2) establish rules to govern the withdrawal, Sec. 302. Utility special entity defined. transfer or disbursement by any member of the tioning of the CFTC. Sec. 303. Utility operations-related swap. association, that is a futures commission mer- SIFMA also supports the inter-affiliate Sec. 304. End-users not treated as financial en- chant, of the member’s residual interest in cus- amendment sponsored by Rep. Frank Lucas tities. tomer segregated funds as provided in such sec- (R–Okla.), which includes language to clarify Sec. 305. Reporting of illiquid swaps so as to tion 1.20, in foreign futures and foreign options exemptions from swap rules, as well as re- not disadvantage certain non-fi- customer secured amount funds, identified as quirements for reporting, risk management, nancial end-users. provided in such section 30.7, and from a cleared and anti-evasion as it relates to such trans- Sec. 306. Relief for grain elevator operators, swaps customer collateral, identified as provided actions. farmers, agricultural counterpar- in such section 22.2.’’. Further, SIFMA appreciates efforts to es- ties, and commercial market par- tablish a workable framework for cross-bor- SEC. 102. ELECTRONIC CONFIRMATION OF CUS- ticipants. TOMER FUNDS. der regulation of derivatives transactions. Sec. 307. Relief for end-users who use physical Section 17 of the Commodity Exchange Act (7 We look forward to continuing to work with contracts with volumetric U.S.C. 21), as amended by section 101 of this the Committee in an effort to consider this optionality. Act, is amended by adding at the end the fol- important issue. SIFMA urges you to vote Sec. 308. Commission vote required before auto- lowing: for H.R. 238. Thank you for your consider- matic change of swap dealer de ‘‘(u) A registered futures association shall re- ation of our views. minimis level. quire any member of the association that is a fu- Sincerely, Sec. 309. Capital requirements for non-bank tures commission merchant to— ANDY BLOCKER, swap dealers. ‘‘(1) use an electronic system or systems to re- EVP, Public Policy and Advocacy, SIFMA. Sec. 310. Harmonization with the Jumpstart port financial and operational information to The CHAIR. All time for general de- Our Business Startups Act. the association or another party designated by bate has expired. Sec. 311. Bona fide hedge defined to protect the registered futures association, including in- Pursuant to the rule, the bill shall be end-user risk management needs. formation related to customer segregated funds, foreign futures and foreign options customer se- considered for amendment under the 5- Sec. 312. Cross-border regulation of derivatives transactions. cured amount funds accounts, and cleared minute rule. Sec. 313. Exemption of qualified charitable or- swaps customer collateral, in accordance with It shall be in order to consider as an ganizations from designation and such terms, conditions, documentation stand- original bill for the purpose of amend- regulation as commodity pool op- ards, and regular time intervals as are estab- ment under the 5-minute rule an erators. lished by the registered futures association; amendment in the nature of a sub- Sec. 314. Small bank holding company clearing ‘‘(2) instruct each depository, including any exemption. bank, trust company, derivatives clearing orga- stitute consisting of the text of Rules nization, or futures commission merchant, hold- Committee Print 115–2. That amend- Sec. 315. Core principle certainty. Sec. 316. Treatment of Federal Home Loan ing customer segregated funds under section 1.20 ment in the nature of a substitute shall of title 17, Code of Federal Regulations, foreign Bank products. futures and foreign options customer secured be considered as read. Sec. 317. Treatment of certain funds. The text of the amendment in the na- amount funds under section 30.7 of such title, or ture of a substitute is as follows: TITLE IV—TECHNICAL CORRECTIONS cleared swap customer funds under section 22.2 Sec. 401. Correction of references. of such title, to report balances in the futures H.R. 238 Sec. 402. Elimination of obsolete references to commission merchant’s section 1.20 customer Be it enacted by the Senate and House of Rep- dealer options. segregated funds, section 30.7 foreign futures resentatives of the United States of America in Sec. 403. Updated trade data publication re- and foreign options customer secured amount Congress assembled, quirement. funds, and section 22.2 cleared swap customer SECTION 1. SHORT TITLE. Sec. 404. Flexibility for registered entities. funds, to the registered futures association or This Act may be cited as the ‘‘Commodity Sec. 405. Elimination of obsolete references to another party designated by the registered fu- End-User Relief Act’’. electronic trading facilities. tures association, in the form, manner, and in- SEC. 2. TABLE OF CONTENTS. Sec. 406. Elimination of obsolete reference to al- terval prescribed by the registered futures asso- The table of contents of this Act is as follows: ternative swap execution facili- ciation; and ties. ‘‘(3) hold section 1.20 customer segregated Sec. 1. Short title. Sec. 407. Elimination of redundant references to funds, section 30.7 foreign futures and foreign Sec. 2. Table of contents. types of registered entities. options customer secured amount funds and sec- TITLE I—CUSTOMER PROTECTIONS Sec. 408. Clarification of Commission authority tion 22.2 cleared swaps customer funds in a de- Sec. 101. Enhanced protections for futures cus- over swaps trading. pository that reports the balances in these ac- tomers. Sec. 409. Elimination of obsolete reference to counts of the futures commission merchant held Sec. 102. Electronic confirmation of customer the Commodity Exchange Commis- at the depository to the registered futures asso- funds. sion. ciation or another party designated by the reg- Sec. 103. Notice and certifications providing ad- Sec. 410. Elimination of obsolete references to istered futures association in the form, manner, ditional customer protections. derivative transaction execution and interval prescribed by the registered futures Sec. 104. Futures commission merchant compli- facilities. association.’’. ance. Sec. 411. Elimination of obsolete references to SEC. 103. NOTICE AND CERTIFICATIONS PRO- Sec. 105. Certainty for futures customers and exempt boards of trade. VIDING ADDITIONAL CUSTOMER market participants. Sec. 412. Elimination of report due in 1986. PROTECTIONS. Section 17 of the Commodity Exchange Act (7 TITLE II—COMMODITY FUTURES TRADING Sec. 413. Compliance report flexibility. Sec. 414. Miscellaneous corrections. U.S.C. 21), as amended by sections 101 and 102 COMMISSION REFORMS of this Act, is amended by adding at the end the Sec. 201. Extension of operations. TITLE I—CUSTOMER PROTECTIONS following: Sec. 202. Consideration by the Commodity Fu- SEC. 101. ENHANCED PROTECTIONS FOR FU- ‘‘(v) A futures commission merchant that has tures Trading Commission of the TURES CUSTOMERS. adjusted net capital in an amount less than the costs and benefits of its regula- Section 17 of the Commodity Exchange Act (7 amount required by regulations established by tions and orders. U.S.C. 21) is amended by adding at the end the the Commission or a self-regulatory organiza- Sec. 203. Division directors. following: tion of which the futures commission merchant Sec. 204. Office of the Chief Economist. ‘‘(t) A registered futures association shall— is a member shall immediately notify the Com- Sec. 205. Procedures governing actions taken by ‘‘(1) require each member of the association mission and the self-regulatory organization of Commission staff. that is a futures commission merchant to main- this occurrence.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.041 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H415 ‘‘(w) A futures commission merchant that does (1) by striking paragraphs (1) and (2) and in- ing Commission should take all appropriate ac- not hold a sufficient amount of funds in seg- serting the following: tions to encourage applications for positions in regated accounts for futures customers under ‘‘(1) IN GENERAL.—Before promulgating a reg- the Office of the Chief Economist from members section 1.20 of title 17, Code of Federal Regula- ulation under this Act or issuing an order (ex- of minority groups, women, disabled persons, tions, in foreign futures and foreign options se- cept as provided in paragraph (3)), the Commis- and veterans. cured amount accounts for foreign futures and sion, through the Office of the Chief Economist, SEC. 205. PROCEDURES GOVERNING ACTIONS foreign options secured amount customers under shall assess and publish in the regulation or TAKEN BY COMMISSION STAFF. section 30.7 of such title, or in segregated ac- order the costs and benefits, both qualitative Section 2(a)(12) of the Commodity Exchange counts for cleared swap customers under section and quantitative, of the proposed regulation or Act (7 U.S.C. 2(a)(12)) is amended— 22.2 of such title, as required by regulations es- order, and the proposed regulation or order (1) by striking ‘‘(12) The’’ and inserting the tablished by the Commission or a self-regulatory shall state its statutory justification. following: organization of which the futures commission ‘‘(2) CONSIDERATIONS.—In making a reasoned ‘‘(12) RULES AND REGULATIONS.— merchant is a member, shall immediately notify determination of the costs and the benefits, the ‘‘(A) IN GENERAL.—Subject to the other provi- the Commission and the self-regulatory organi- Commission shall evaluate— sions of this paragraph, the’’; and zation of this occurrence. ‘‘(A) considerations of protection of market (2) by adding after and below the end the fol- ‘‘(x) Within such time period established by participants and the public; lowing new subparagraph: the Commission after the end of each fiscal ‘‘(B) considerations of the efficiency, competi- ‘‘(B) NOTICE TO COMMISSIONERS.—The Com- year, a futures commission merchant shall file tiveness, and financial integrity of futures and mission shall develop and publish internal pro- with the Commission a report from the chief swaps markets; cedures governing the issuance by any division compliance officer of the futures commission ‘‘(C) considerations of the impact on market or office of the Commission of any response to a merchant containing an assessment of the inter- liquidity in the futures and swaps markets; formal, written request or petition from any nal compliance programs of the futures commis- ‘‘(D) considerations of price discovery; member of the public for an exemptive, a no-ac- sion merchant.’’. ‘‘(E) considerations of sound risk management tion, or an interpretive letter and such proce- SEC. 104. FUTURES COMMISSION MERCHANT practices; dures shall provide that the commissioners be COMPLIANCE. ‘‘(F) available alternatives to direct regula- provided with the final version of the matter to (a) IN GENERAL.—Section 4d(a) of the Com- tion; be issued with sufficient notice to review the modity Exchange Act (7 U.S.C. 6d(a)) is amend- ‘‘(G) the degree and nature of the risks posed matter prior to its issuance.’’. ed— by various activities within the scope of its ju- SEC. 206. STRATEGIC TECHNOLOGY PLAN. (1) by redesignating paragraphs (1) and (2) as risdiction; Section 2(a) of the Commodity Exchange Act subparagraphs (A) and (B); ‘‘(H) the costs of complying with the proposed (7 U.S.C. 2(a)), as amended by section 204(a) of (2) by inserting ‘‘(1)’’ before ‘‘It shall be un- regulation or order by all regulated entities, in- this Act, is amended by adding at the end the lawful’’; and cluding a methodology for quantifying the costs following: (3) by adding at the end the following new (recognizing that some costs are difficult to ‘‘(17) STRATEGIC TECHNOLOGY PLAN.— paragraph: quantify); ‘‘(A) IN GENERAL.—Every 5 years, the Commis- ‘‘(2) Any rules or regulations requiring a fu- ‘‘(I) whether the proposed regulation or order sion shall develop and submit to the Committee tures commission merchant to maintain a resid- is inconsistent, incompatible, or duplicative of on Agriculture of the House of Representatives ual interest in accounts held for the benefit of other Federal regulations or orders; and the Committee on Agriculture, Nutrition, customers in amounts at least sufficient to ex- ‘‘(J) the cost to the Commission of imple- and Forestry of the Senate a detailed plan fo- ceed the sum of all uncollected margin deficits of menting the proposed regulation or order by the cused on the acquisition and use of technology such customers shall provide that a futures com- Commission staff, including a methodology for by the Commission. mission merchant shall meet its residual interest quantifying the costs; ‘‘(B) CONTENTS.—The plan shall— requirement as of the end of each business day ‘‘(K) whether, in choosing among alternative ‘‘(i) include for each related division or office calculated as of the close of business on the pre- regulatory approaches, hose approaches maxi- a detailed technology strategy focused on mar- vious business day.’’. mize net benefits (including potential economic ket surveillance and risk detection, market data (b) CONFORMING AMENDMENT.—Section 4d(h) and other benefits, distributive impacts, and eq- collection, aggregation, interpretation, stand- of such Act (7 U.S.C. 6d(h)) is amended by strik- uity); and ardization, harmonization, normalization, vali- ing ‘‘Notwithstanding subsection (a)(2)’’ and in- ‘‘(L) other public interest considerations.’’; dation, streamlining or other data analytic serting ‘‘Notwithstanding subsection (a)(1)(B)’’. and processes, and internal management and protec- SEC. 105. CERTAINTY FOR FUTURES CUSTOMERS (2) by adding at the end the following: tion of data collected by the Commission, in- AND MARKET PARTICIPANTS. ‘‘(4) JUDICIAL REVIEW.—Notwithstanding sec- cluding a detailed accounting of how the funds Section 20(a) of the Commodity Exchange Act tion 24(d), a court shall affirm a Commission as- provided for technology will be used and the (7 U.S.C. 24(a)) is amended— sessment of costs and benefits under this sub- (1) by striking ‘‘and’’ at the end of paragraph priorities that will apply in the use of the funds; section, unless the court finds the assessment to ‘‘(ii) set forth annual goals to be accomplished (4); be an abuse of discretion.’’. (2) by striking the period at the end of para- and annual budgets needed to accomplish the graph (5) and inserting ‘‘; and’’; and SEC. 203. DIVISION DIRECTORS. goals; and (3) by adding at the end the following: Section 2(a)(6)(C) of the Commodity Exchange ‘‘(iii) include a summary of any plan of action ‘‘(6) that cash, securities, or other property of Act (7 U.S.C. 2(a)(6)(C)) is amended by inserting and milestones to address any known informa- the estate of a commodity broker, including the ‘‘, and the heads of the units shall serve at the tion security vulnerability, as identified pursu- trading or operating accounts of the commodity pleasure of the Commission’’ before the period. ant to a widely accepted industry or Govern- broker and commodities held in inventory by the SEC. 204. OFFICE OF THE CHIEF ECONOMIST. ment standard, including— commodity broker, shall be included in customer (a) IN GENERAL.—Section 2(a) of the Com- ‘‘(I) specific information about the industry or property, subject to any otherwise unavoidable modity Exchange Act (7 U.S.C. 2(a)) is amended Government standard used to identify the security interest, or otherwise unavoidable con- by adding at the end the following: known information security vulnerability; tractual offset or netting rights of creditors (in- ‘‘(16) OFFICE OF THE CHIEF ECONOMIST.— ‘‘(II) a detailed time line with specific dead- cluding rights set forth in a rule or bylaw of a ‘‘(A) ESTABLISHMENT.—There is established in lines for addressing the known information se- derivatives clearing organization or a clearing the Commission the Office of the Chief Econo- curity vulnerability; and agency) in respect of such property, but only to mist. ‘‘(III) an update of any such time line and the the extent that the property that is otherwise ‘‘(B) HEAD.—The Office of the Chief Econo- rationale for any deviation from the time line.’’. customer property is insufficient to satisfy the mist shall be headed by the Chief Economist, SEC. 207. INTERNAL RISK CONTROLS. net equity claims of public customers (as such who shall be appointed by the Commission and Section 2(a)(12) of the Commodity Exchange term may be defined by the Commission by rule serve at the pleasure of the Commission. Act (7 U.S.C. 2(a)(12)), as amended by section or regulation) of the commodity broker.’’. ‘‘(C) FUNCTIONS.—The Chief Economist shall 205 of this Act, is amended by adding at the end TITLE II—COMMODITY FUTURES TRADING report directly to the Commission and perform the following: COMMISSION REFORMS such functions and duties as the Commission ‘‘(C) INTERNAL RISK CONTROLS.—The Commis- sion, in consultation with the Chief Economist, SEC. 201. EXTENSION OF OPERATIONS. may prescribe. shall develop comprehensive internal risk con- Section 12(d) of the Commodity Exchange Act ‘‘(D) PROFESSIONAL STAFF.—The Commission trol mechanisms to safeguard and govern the (7 U.S.C. 16(d)) is amended to read as follows: shall appoint such other economists as may be storage of all market data by the Commission, ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— necessary to assist the Chief Economist in per- There is authorized to be appropriated forming such economic analysis, regulatory all market data sharing agreements of the Com- $250,000,000 for each of fiscal years 2017 through cost-benefit analysis, or research any member of mission, and all academic research performed at 2021 to carry out this Act.’’. the Commission may request.’’. the Commission using market data.’’. SEC. 202. CONSIDERATION BY THE COMMODITY (b) CONFORMING AMENDMENT.—Section SEC. 208. SUBPOENA DURATION AND RENEWAL. FUTURES TRADING COMMISSION OF 2(a)(6)(A) of such Act (7 U.S.C. 2(a)(6)(A)) is Section 6(c)(5) of the Commodity Exchange THE COSTS AND BENEFITS OF ITS amended by striking ‘‘(4) and (5) of this sub- Act (7 U.S.C. 9(5)) is amended— REGULATIONS AND ORDERS. section’’ and inserting ‘‘(4), (5), and (16)’’. (1) by striking ‘‘(5) SUBPOENA.—For’’ and in- Section 15(a) of the Commodity Exchange Act (c) SENSE OF THE CONGRESS.—It is the sense of serting the following: (7 U.S.C. 19(a)) is amended— the Congress that the Commodity Futures Trad- ‘‘(5) SUBPOENA.—

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‘‘(A) IN GENERAL.—For’’; and (B) market data collection, aggregation, inter- be the records and reports of the commodity (2) by adding after and below the end the fol- pretation, standardization, harmonization, and trading advisor or commodity pool operator, re- lowing: streamlining; spectively. ‘‘(B) OMNIBUS ORDERS OF INVESTIGATION.— (3) analyzes the additional workload under- ‘‘(5) For purposes of this section, proprietary ‘‘(i) DURATION AND RENEWAL.—An omnibus taken by the Commission, and ascertains where information of a commodity trading advisor or order of investigation shall not be for an indefi- self-regulatory organizations could be more ef- commodity pool operator includes sensitive, non- nite duration and may be renewed only by Com- fectively utilized; and public information regarding— mission action. (4) examines existing and emerging post-trade ‘‘(A) the commodity trading advisor, com- ‘‘(ii) DEFINITION.—In clause (i), the term ‘om- risk reduction services in the swaps market, the modity pool operator or the trading strategies of nibus order of investigation’ means an order of notional amount of risk reduction transactions the commodity trading advisor or commodity the Commission authorizing 1 of more members provided by the services, and the effects the pool operator; of the Commission or its staff to issue subpoenas services have on financial stability, including— ‘‘(B) analytical or research methodologies of a under subparagraph (A) to multiple persons in (A) market surveillance and risk detection; commodity trading advisor or commodity pool relation to a particular subject matter area.’’. (B) market data collection, aggregation, inter- operator; SEC. 209. APPLICABILITY OF NOTICE AND COM- pretation, standardization, harmonization, and ‘‘(C) trading data of a commodity trading ad- MENT REQUIREMENTS OF THE AD- streamlining; and visor or commodity pool operator; and MINISTRATIVE PROCEDURE ACT TO (C) oversight and compliance work by market ‘‘(D) computer hardware or software con- GUIDANCE VOTED ON BY THE COM- participants and regulators. taining intellectual property of a commodity MISSION. (b) REPORT.—Not later than 180 days after the trading advisor or commodity pool operator;’’. Section 2(a)(12) of the Commodity Exchange date of the enactment of this Act, the Comp- TITLE III—END-USER RELIEF Act (7 U.S.C. 2(a)(12)), as amended by sections troller General of the United States shall submit 205 and 207 of this Act, is amended by adding at to the Committee on Agriculture of the House of SEC. 301. TRANSACTIONS WITH UTILITY SPECIAL the end the following: Representatives and the Committee on Agri- ENTITIES. ‘‘(D) APPLICABILITY OF NOTICE AND COMMENT culture, Nutrition, and Forestry of the Senate a Section 1a(49) of the Commodity Exchange Act RULES TO GUIDANCE VOTED ON BY THE COMMIS- report that contains the results of the study re- (7 U.S.C. 1a(49)) is amended by adding at the SION.—The notice and comment requirements of quired by subsection (a). end the following: ‘‘(E) CERTAIN TRANSACTIONS WITH A UTILITY section 553 of title 5, United States Code, shall SEC. 212. DISCLOSURE OF REQUIRED DATA OF SPECIAL ENTITY also apply with respect to any Commission OTHER REGISTERED ENTITIES. .— ‘‘(i) Transactions in utility operations-related statement or guidance, including interpretive Section 8 of the Commodity Exchange Act (7 swaps shall be reported pursuant to section 4r. rules, general statements of policy, or rules of U.S.C. 12) is amended by adding at the end the ‘‘(ii) In making a determination to exempt Commission organization, procedure, or prac- following: pursuant to subparagraph (D), the Commission tice, that has the effect of implementing, inter- ‘‘(j) DISCLOSURE OF REQUIRED DATA OF shall treat a utility operations-related swap en- preting or prescribing law or policy and that is OTHER REGISTERED ENTITIES.— voted on by the Commission.’’. ‘‘(1) Except as provided in this subsection, the tered into with a utility special entity, as de- SEC. 210. JUDICIAL REVIEW OF COMMISSION Commission may not be compelled to disclose fined in section 4s(h)(2)(D), as if it were entered RULES. any proprietary information provided to the into with an entity that is not a special entity, The Commodity Exchange Act (7 U.S.C. 1 et Commission, except that nothing in this sub- as defined in section 4s(h)(2)(C).’’. seq.) is amended by adding at the end the fol- section— SEC. 302. UTILITY SPECIAL ENTITY DEFINED. lowing: ‘‘(A) authorizes the Commission to withhold Section 4s(h)(2) of the Commodity Exchange ‘‘SEC. 24. JUDICIAL REVIEW OF COMMISSION information from Congress; or Act (7 U.S.C. 6s(h)(2)) is amended by adding at RULES. ‘‘(B) prevents the Commission from— the end the following: ‘‘(a) A person adversely affected by a rule of ‘‘(i) complying with a request for information ‘‘(D) UTILITY SPECIAL ENTITY.—For purposes the Commission promulgated under this Act may from any other Federal department or agency, of this Act, the term ‘utility special entity’ obtain review of the rule in the United States any State or political subdivision thereof, or any means a special entity, or any instrumentality, Court of Appeals for the District of Columbia foreign government or any department, agency, department, or corporation of or established by Circuit or the United States Court of Appeals for or political subdivision thereof requesting the re- a State or political subdivision of a State, that— the circuit where the party resides or has the port or information for purposes within the ‘‘(i) owns or operates, or anticipates owning principal place of business, by filing in the scope of its jurisdiction, upon an agreement of or operating, an electric or natural gas facility court, within 60 days after publication in the confidentiality to protect the information in a or an electric or natural gas operation; Federal Register of the entry of the rule, a writ- manner consistent with this paragraph and sub- ‘‘(ii) supplies, or anticipates supplying, nat- ten petition requesting that the rule be set aside. section (e); or ural gas and or electric energy to another utility ‘‘(b) A copy of the petition shall be trans- ‘‘(ii) making a disclosure made pursuant to a special entity; mitted forthwith by the clerk of the court to an court order in connection with an administra- ‘‘(iii) has, or anticipates having, public service officer designated by the Commission for that tive or judicial proceeding brought under this obligations under Federal, State, or local law or purpose. Thereupon the Commission shall file in Act, in any receivership proceeding involving a regulation to deliver electric energy or natural the court the record on which the rule com- receiver appointed in a judicial proceeding gas service to customers; or plained of is entered, as provided in section 2112 brought under this Act, or in any bankruptcy ‘‘(iv) is a Federal power marketing agency, as of title 28, United States Code, and the Federal proceeding in which the Commission has inter- defined in section 3 of the Federal Power Act.’’. Rules of Appellate Procedure. vened or in which the Commission has the right SEC. 303. UTILITY OPERATIONS-RELATED SWAP. ‘‘(c) On the filing of the petition, the court to appear and be heard under title 11 of the (a) SWAP FURTHER DEFINED.—Section has jurisdiction, which becomes exclusive on the United States Code. 1a(47)(A)(iii) of the Commodity Exchange Act (7 filing of the record, to affirm and enforce or to ‘‘(2) Any proprietary information of a com- U.S.C. 1a(47)(A)(iii)) is amended— set aside the rule in whole or in part. modity trading advisor or commodity pool oper- (1) by striking ‘‘and’’ at the end of subclause ‘‘(d) The court shall affirm and enforce the ator ascertained by the Commission in connec- (XXI); rule unless the Commission’s action in promul- tion with Form CPO-PQR, Form CTA-PR, and (2) by adding ‘‘and’’ at the end of subclause gating the rule is found to be arbitrary, capri- any successor forms thereto, shall be subject to (XXII); and cious, an abuse of discretion, or otherwise not in the same limitations on public disclosure, as any (3) by adding at the end the following: accordance with law; contrary to constitutional facts ascertained during an investigation, as ‘‘(XXIII) a utility operations-related swap;’’. right, power, privilege, or immunity; in excess of provided by subsection (a); provided, however, (b) UTILITY OPERATIONS-RELATED SWAP DE- statutory jurisdiction, authority, or limitations, that the Commission shall not be precluded from FINED.—Section 1a of such Act (7 U.S.C. 1a) is or short of statutory right; or without observ- publishing aggregate information compiled from amended by adding at the end the following: ance of procedure required by law.’’. such forms, to the extent such aggregate infor- ‘‘(52) UTILITY OPERATIONS-RELATED SWAP.— SEC. 211. GAO STUDY ON USE OF COMMISSION mation does not identify any individual person The term ‘utility operations-related swap’ means RESOURCES. or firm, or such person’s proprietary informa- a swap that— (a) STUDY.—The Comptroller General of the tion. ‘‘(A) is entered into by a utility to hedge or United States shall conduct a study of the re- ‘‘(3) For purposes of section 552 of title 5, mitigate a commercial risk; sources of the Commodity Futures Trading Com- United States Code, this subsection, and the in- ‘‘(B) is not a contract, agreement, or trans- mission that— formation contemplated herein, shall be consid- action based on, derived on, or referencing— (1) assesses whether the resources of the Com- ered a statute described in subsection (b)(3)(B) ‘‘(i) an interest rate, credit, equity, or cur- mission are sufficient to enable the Commission of such section 552. rency asset class; to effectively carry out the duties of the Com- ‘‘(4) For purposes of the definition of propri- ‘‘(ii) except as used for fuel for electric energy mission; etary information in paragraph (5), the records generation, a metal, agricultural commodity, or (2) examines the expenditures of the Commis- and reports of any client account or commodity crude oil or gasoline commodity of any grade; or sion on hardware, software, and analytical pool to which a commodity trading advisor or ‘‘(iii) any other commodity or category of com- processes designed to protect customers in the commodity pool operator registered under this modities identified for this purpose in a rule or areas of— title provides services that are filed with the order adopted by the Commission in consulta- (A) market surveillance and risk detection; Commission on Form CPO-PQR, CTA-PR, and tion with the appropriate Federal and State reg- and any successor forms thereto, shall be deemed to ulatory commissions; and

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H417 ‘‘(C) is associated with— (H) Section 5(e)(1) of such Act (7 U.S.C. SEC. 308. COMMISSION VOTE REQUIRED BEFORE ‘‘(i) the generation, production, purchase, or 7(e)(1)) is amended by striking ‘‘1a(9)’’ and in- AUTOMATIC CHANGE OF SWAP DEAL- sale of natural gas or electric energy, the supply serting ‘‘1a(10)’’. ER DE MINIMIS LEVEL. of natural gas or electric energy to a utility, or (I) Section 5b(k)(3)(A) of such Act (7 U.S.C. Section 1a(50)(D) of the Commodity Exchange the delivery of natural gas or electric energy 7a–1(k)(3)(A)) is amended by striking Act (7 U.S.C. 1a(49)(D)), as so redesignated by service to utility customers; ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. section 304(b)(1) of this Act, is amended— ‘‘(ii) fuel supply for the facilities or operations (J) Section 5h(f)(10)(A)(iii) of such Act (7 (1) by striking all that precedes ‘‘shall ex- of a utility; U.S.C. 7b–3(f)(10)(A)(iii)) is amended by striking empt’’ and inserting the following: ‘‘(D) EXCEPTION.— ‘‘(iii) compliance with an electric system reli- ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. ‘‘(i) IN GENERAL.—The Commission’’; and ability obligation; (K) Section 21(f)(4)(C) of such Act (7 U.S.C. (2) by adding after and below the end the fol- ‘‘(iv) compliance with an energy, energy effi- 24a(f)(4)(C)) is amended by striking ‘‘1a(48)’’ lowing new clause: ciency, conservation, or renewable energy or en- and inserting ‘‘1a(49)’’. vironmental statute, regulation, or government ‘‘(ii) DE MINIMIS QUANTITY.—The de minimis order applicable to a utility; or SEC. 305. REPORTING OF ILLIQUID SWAPS SO AS quantity of swap dealing described in clause (i) ‘‘(v) any other electric energy or natural gas TO NOT DISADVANTAGE CERTAINON- shall be set at a quantity of $8,000,000,000, and FINANCIAL END-USERS. swap to which a utility is a party.’’. may be amended or changed only through a new Section 2(a)(13) of the Commodity Exchange affirmative action of the Commission under- SEC. 304. END-USERS NOT TREATED AS FINAN- Act (7 U.S.C. 2(a)(13)) is amended— CIAL ENTITIES. taken by rule or regulation.’’. (1) in subparagraph (C), by striking ‘‘The (a) IN GENERAL.—Section 2(h)(7)(C)(iii) of the SEC. 309. CAPITAL REQUIREMENTS FOR NON- Commodity Exchange Act (7 U.S.C. Commission’’ and inserting ‘‘Except as provided BANK SWAP DEALERS. in subparagraph (D), the Commission’’; and 2(h)(7)(C)(iii)) is amended to read as follows: (a) COMMODITY EXCHANGE ACT.—Section 4s(e) ‘‘(iii) LIMITATION.—Such definition shall not (2) by redesignating subparagraphs (D) of the Commodity Exchange Act (7 U.S.C. 6s(e)) include an entity— through (G) as subparagraphs (E) through (H), is amended— ‘‘(I) whose primary business is providing fi- respectively, and inserting after subparagraph (1) in paragraph (2)(B), by striking ‘‘shall’’ nancing, and who uses derivatives for the pur- (C) the following: and inserting the following: ‘‘and the Securities pose of hedging underlying commercial risks re- ‘‘(D) REQUIREMENTS FOR SWAP TRANSACTIONS and Exchange Commission, in consultation with lated to interest rate and foreign currency expo- IN ILLIQUID MARKETS.—Notwithstanding sub- the prudential regulators, shall jointly’’; and sures, 90 percent or more of which arise from fi- paragraph (C): (2) in paragraph (3)(D)— nancing that facilitates the purchase or lease of ‘‘(i) The Commission shall provide by rule for (A) in clause (ii), by striking ‘‘shall, to the products, 90 percent or more of which are manu- the public reporting of swap transactions, in- maximum extent practicable,’’ and inserting factured by the parent company or another sub- cluding price and volume data, in illiquid mar- ‘‘shall’’; and sidiary of the parent company; or kets that are not cleared and entered into by a (B) by adding at the end the following: ‘‘(II) who is not supervised by a prudential non-financial entity that is hedging or miti- ‘‘(iii) FINANCIAL MODELS.—To the extent that regulator, and is not described in any of sub- gating commercial risk in accordance with sub- swap dealers and major swap participants that clauses (I) through (VII) of clause (i), and— section (h)(7)(A). are banks are permitted to use financial models ‘‘(aa) is a commercial market participant; or ‘‘(ii) The Commission shall ensure that the approved by the prudential regulators or the Se- ‘‘(bb) enters into swaps, contracts for future swap transaction information referred to in curities and Exchange Commission to calculate delivery, and other derivatives on behalf of, or clause (i) of this subparagraph is available to minimum capital requirements and minimum ini- to hedge or mitigate the commercial risk of, the public no sooner than 30 days after the tial and variation margin requirements, includ- whether directly or in the aggregate, affiliates swap transaction has been executed or at such ing the use of non-cash collateral, the Commis- that are not so supervised or described.’’. later date as the Commission determines appro- sion shall, in consultation with the prudential (b) COMMERCIAL MARKET PARTICIPANT DE- priate to protect the identity of participants and regulators and the Securities and Exchange FINED.— positions in illiquid markets and to prevent the Commission, permit the use of comparable finan- (1) IN GENERAL.—Section 1a of such Act (7 elimination or reduction of market liquidity. cial models by swap dealers and major swap U.S.C. 1a), as amended by section 303(b) of this ‘‘(iii) In this subparagraph, the term ‘illiquid participants that are not banks.’’. Act, is amended by redesignating paragraphs (7) markets’ means any market in which the volume (b) SECURITIES EXCHANGE ACT OF 1934.—Sec- through (52) as paragraphs (8) through (53), re- and frequency of trading in swaps is at such a tion 15F(e) of the Securities Exchange Act of spectively, and by inserting after paragraph (6) level as to allow identification of individual 1934 (15 U.S.C. 78o–10(e)) is amended— the following: market participants.’’. (1) in paragraph (2)(B), by striking ‘‘shall’’ ‘‘(7) COMMERCIAL MARKET PARTICIPANT.—The SEC. 306. RELIEF FOR GRAIN ELEVATOR OPERA- and inserting the following: ‘‘and the Com- term ‘commercial market participant’ means any TORS, FARMERS, AGRICULTURAL modity Futures Trading Commission, in con- producer, processor, merchant, or commercial COUNTERPARTIES, AND COMMER- sultation with the prudential regulators, shall user of an exempt or agricultural commodity, or CIAL MARKET PARTICIPANTS. jointly’’; and the products or byproducts of such a com- The Commodity Exchange Act (7 U.S.C. 1 et (2) in paragraph (3)(D)— modity.’’. seq.) is amended by inserting after section 4t the (A) in clause (ii), by striking ‘‘shall, to the (2) CONFORMING AMENDMENTS.— following: maximum extent practicable,’’ and inserting (A) Section 1a of such Act (7 U.S.C. 1a) is ‘‘shall’’; and amended— ‘‘SEC. 4u. RECORDKEEPING REQUIREMENTS AP- (i) in subparagraph (A) of paragraph (18) (as PLICABLE TO NON-REGISTERED (B) by adding at the end the following: MEMBERS OF CERTAIN REGISTERED ‘‘(iii) FINANCIAL MODELS.—To the extent that so redesignated by paragraph (1) of this sub- ENTITIES. section), in the matter preceding clause (i), by security-based swap dealers and major security- ‘‘Except as provided in section 4(a)(3), a mem- based swap participants that are banks are per- striking ‘‘(18)(A)’’ and inserting ‘‘(19)(A)’’; and ber of a designated contract market or a swap (ii) in subparagraph (A)(vii) of paragraph (19) mitted to use financial models approved by the execution facility that is not registered with the (as so redesignated by paragraph (1) of this sub- prudential regulators or the Commodity Futures Commission and not required to be registered section), in the matter following subclause (III), Trading Commission to calculate minimum cap- with the Commission in any capacity shall sat- by striking ‘‘(17)(A)’’ and inserting ‘‘(18)(A)’’. ital requirements and minimum initial and vari- isfy the recordkeeping requirements of this Act (B) Section 4(c)(1)(A)(i)(I) of such Act (7 ation margin requirements, including the use of and any recordkeeping rule, order, or regulation U.S.C. 6(c)(1)(A)(i)(I)) is amended by striking non-cash collateral, the Commission shall, in under this Act by maintaining a written record ‘‘(7), paragraph (18)(A)(vii)(III), paragraphs consultation with the Commodity Futures Trad- of each transaction in a contract for future de- (23), (24), (31), (32), (38), (39), (41), (42), (46), ing Commission, permit the use of comparable fi- livery, option on a future, swap, swaption, (47), (48), and (49)’’ and inserting ‘‘(8), para- nancial models by security-based swap dealers trade option, or related cash or forward trans- graph (19)(A)(vii)(III), paragraphs (24), (25), and major security-based swap participants that action. The written record shall be sufficient if (32), (33), (39), (40), (42), (43), (47), (48), (49), and are not banks.’’. it includes the final agreement between the par- (50)’’. SEC. 310. HARMONIZATION WITH THE (C) Section 4q(a)(1) of such Act (7 U.S.C. 6o– ties and the material economic terms of the JUMPSTART OUR BUSINESS 1(a)(1)) is amended by striking ‘‘1a(9)’’ and in- transaction.’’. STARTUPS ACT. serting ‘‘1a(10)’’. SEC. 307. RELIEF FOR END-USERS WHO USE PHYS- Within 90 days after the date of the enactment (D) Section 4s(f)(1)(D) of such Act (7 U.S.C. ICAL CONTRACTS WITH VOLUMETRIC of this Act, the Commodity Futures Trading 6s(f)(1)(D)) is amended by striking OPTIONALITY. Commission shall— ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. Section 1a(48)(B)(ii) of the Commodity Ex- (1) revise section 4.7(b) of title 17, Code of Fed- (E) Section 4s(h)(5)(A)(i) of such Act (7 U.S.C. change Act (7 U.S.C. 1a(47)(B)(ii)), as so redes- eral Regulations, in the matter preceding para- 6s(h)(5)(A)(i)) is amended by striking ‘‘1a(18)’’ ignated by section 304(b)(1) of this Act, is graph (1), to read as follows: and inserting ‘‘1a(19)’’. amended to read as follows: ‘‘(b) Relief available to commodity pool opera- (F) Section 4t(b)(1)(C) of such Act (7 U.S.C. ‘‘(ii) any purchase or sale of a nonfinancial tors. Upon filing the notice required by para- 6t(b)(1)(C)) is amended by striking commodity or security for deferred shipment or graph (d) of this section, and subject to compli- ‘‘1a(47)(A)(v)’’ and inserting ‘‘1a(48)(A)(v)’’. delivery, so long as the transaction is intended ance with the conditions specified in paragraph (G) Section 5(d)(23) of such Act (7 U.S.C. to be physically settled, including any stand- (d) of this section, any registered commodity 7(d)(23)) is amended by striking ‘‘1a(47)(A)(v)’’ alone or embedded option for which exercise re- pool operator who sells participations in a pool and inserting ‘‘1a(48)(A)(v)’’. sults in a physical delivery obligation;’’. solely to qualified eligible persons in an offering

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H418 CONGRESSIONAL RECORD — HOUSE January 12, 2017 which qualifies for exemption from the registra- (A) provide that any non-United States person mercial market participant (as defined in section tion requirements of the Securities Act pursuant or any transaction between 2 non-United States 1a(7) of the Commodity Exchange Act), or Com- to section 4(2) of that Act or pursuant to Regu- persons shall be exempt from United States mission registrant (within the meaning of such lation S, 17 CFR 230.901 et seq., and any bank swaps requirements if the person or transaction Act) who petitions the Commission to make or registered as a commodity pool operator in con- is in compliance with the swaps regulatory re- change a determination under subsection (c)(1) nection with a pool that is a collective trust quirements of a foreign jurisdiction which the or (c)(3) of this section shall be entitled to expe- fund whose securities are exempt from registra- Commission has determined to be comparable to dited consideration of the petition. A petition tion under the Securities Act pursuant to sec- and as comprehensive as United States swaps shall include any evidence or other supporting tion 3(a)(2) of that Act and are sold solely to requirements; and materials to justify why the petitioner believes qualified eligible persons, may claim any or all (B) set forth the circumstances in which a the Commission should make or change the de- of the following relief with respect to such United States person or a transaction between a termination. Petitions under this section shall pool:’’; and United States person and a non-United States be considered by the Commission any time fol- (2) revise section 4.13(a)(3)(i) of such title to person shall be exempt from United States swaps lowing the enactment of this Act. Within 180 read as follows: requirements if the person or transaction is in days after receipt of a petition for a rulemaking ‘‘(i) Interests in the pool are exempt from reg- compliance with the swaps regulatory require- under this section, the Commission shall take istration under the Securities Act of 1933, and ments of a foreign jurisdiction which the Com- final action on the petition. Within 90 days such interests are offered and sold pursuant to mission has determined to be comparable to and after receipt of a petition to issue an order or section 4 of the Securities Act of 1933 and the as comprehensive as United States swaps re- change an order issued under this section, the regulations thereunder;’’. quirements. Commission shall take final action on the peti- SEC. 311. BONA FIDE HEDGE DEFINED TO PRO- (3) OUTCOMES-BASED COMPARISON.—In devel- tion. TECT END-USER RISK MANAGEMENT oping and applying the criteria, the Commission (e) REPORT TO CONGRESS.—If the Commission NEEDS. shall emphasize the results and outcomes of, makes a determination described in this section Section 4a(c) of the Commodity Exchange Act rather than the design and construction of, for- through an order, the Commission shall articu- (7 U.S.C. 6a(c)) is amended— eign swaps regulatory requirements. late the basis for the determination in a written (1) in paragraph (1)— (4) RISK-BASED RULEMAKING.—In the rule, the report published in the Federal Register and (A) by striking ‘‘may’’ and inserting ‘‘shall’’; Commission shall not take into account, for the transmitted to the Committee on Agriculture of and purposes of determining the applicability of the House of Representatives and Committee on (B) by striking ‘‘future for which’’ and insert- United States swaps requirements, the location Agriculture, Nutrition, and Forestry of the Sen- ing ‘‘future, to be determined by the Commis- of personnel that arrange, negotiate, or execute ate within 15 days of the determination. The de- sion, for which either an appropriate swap is swaps. termination shall not be effective until 15 days available or’’; (5) No part of any rulemaking under this sec- after the committees receive the report. (2) in paragraph (2)— tion shall limit the Commission’s antifraud or (A) in the matter preceding subparagraph (A), antimanipulation authority. (f) DEFINITIONS.—As used in this Act and for by striking ‘‘subsection (a)(2)’’ and all that fol- (c) APPLICATION OF THE RULE.— purposes of the rules issued pursuant to this lows through ‘‘position as’’ and inserting (1) ASSESSMENTS OF FOREIGN JURISDICTIONS.— Act, the following definitions apply: ‘‘paragraphs (2) and (5) of subsection (a) for Beginning on the date on which a final rule is (1) UNITED STATES PERSON.—The term ‘‘United swaps, contracts of sale for future delivery, or issued under this section, the Commission shall States person’’— options on the contracts or commodities, a bona begin to assess the swaps regulatory require- (A) means— fide hedging transaction or position is’’; and ments of foreign jurisdictions, in the order the (i) any natural person resident in the United (B) in subparagraph (A)(ii), by striking ‘‘of Commission determines appropriate, in accord- States; risks’’ and inserting ‘‘or management of current ance with the criteria established pursuant to or anticipated risks’’; and subsection (b)(1). Following each assessment, (ii) any partnership, corporation, trust, or (3) by adding at the end the following: the Commission shall determine, by rule or by other legal person organized or incorporated ‘‘(3) The Commission may further define, by order, whether the swaps regulatory require- under the laws of the United States or having rule or regulation, what constitutes a bona fide ments of the foreign jurisdiction are comparable its principal place of business in the United hedging transaction, provided that the rule or to and as comprehensive as United States swaps States; regulation is consistent with the requirements of requirements. (iii) any account (whether discretionary or subparagraphs (A) and (B) of paragraph (2).’’. (2) SUBSTITUTED COMPLIANCE FOR UNASSESSED non-discretionary) of a United States person; SEC. 312. CROSS-BORDER REGULATION OF DE- MAJOR MARKETS.—Beginning 18 months after and RIVATIVES TRANSACTIONS. the date of enactment of this Act— (iv) any other person as the Commission may (a) RULEMAKING REQUIRED.—Within 1 year (A) the swaps regulatory requirements of each further define to more effectively carry out the after the date of the enactment of this Act, the of the 8 foreign jurisdictions with the largest purposes of this section; and Commodity Futures Trading Commission shall swaps markets, as calculated by notional value issue a rule that addresses— during the 12-month period ending with such (B) does not include the International Mone- (1) the nature of the connections to the United date of enactment, except those with respect to tary Fund, the International Bank for Recon- States that require a non-United States person which a determination has been made under struction and Development, the Inter-American to register as a swap dealer or a major swap paragraph (1), shall be considered to be com- Development Bank, the Asian Development participant under the Commodity Exchange Act parable to and as comprehensive as United Bank, the African Development Bank, the and the regulations issued under such Act; States swaps requirements; and United Nations, their agencies or pension plans, (2) which of the United States swaps require- (B) a non-United States person or a trans- or any other similar international organizations ments apply to the swap activities of non-United action between 2 non-United States persons or their agencies or pension plans. States persons and United States persons and shall be exempt from United States swaps re- (2) UNITED STATES SWAPS REQUIREMENTS.— their branches, agencies, subsidiaries, and affili- quirements if the person or transaction is in The term ‘‘United States swaps requirements’’ ates outside of the United States, and the extent compliance with the swaps regulatory require- means the provisions relating to swaps con- to which the requirements apply; and ments of any of such unexcepted foreign juris- tained in the Commodity Exchange Act (7 (3) the circumstances under which a United dictions. U.S.C. 1a et seq.) that were added by title VII of States person or non-United States person in (3) SUSPENSION OF SUBSTITUTED COMPLI- the Dodd-Frank Wall Street Reform and Con- compliance with the swaps regulatory require- ANCE.—If the Commission determines, by rule or sumer Protection Act (15 U.S.C. 8301 et seq.) and ments of a foreign jurisdiction shall be exempt by order, that— any rules or regulations prescribed by the Com- from United States swaps requirements. (A) the swaps regulatory requirements of a modity Futures Trading Commission pursuant (b) CONTENT OF THE RULE.— foreign jurisdiction are not comparable to and to such provisions. (1) CRITERIA.—In the rule, the Commission as comprehensive as United States swaps re- (3) FOREIGN JURISDICTION.—The term ‘‘foreign shall establish criteria for determining that 1 or quirements, using the categories and criteria es- jurisdiction’’ means any national or supra- more categories of the swaps regulatory require- tablished under subsection (b)(1); national political entity with common rules gov- ments of a foreign jurisdiction are comparable to (B) the foreign jurisdiction does not exempt erning swaps transactions. and as comprehensive as United States swaps from its swaps regulatory requirements United requirements. The criteria shall include— States persons who are in compliance with (4) SWAPS REGULATORY REQUIREMENTS.—The (A) the scope and objectives of the swaps reg- United States swaps requirements; or term ‘‘swaps regulatory requirements’’ means ulatory requirements of the foreign jurisdiction; (C) the foreign jurisdiction is not providing any provisions of law, and any rules or regula- (B) the effectiveness of the supervisory compli- equivalent recognition of, or substituted compli- tions pursuant to the provisions, governing ance program administered; ance for, registered entities (as defined in sec- swaps transactions or the counterparties to (C) the enforcement authority exercised by the tion 1a(41) of the Commodity Exchange Act) swaps transactions. foreign jurisdiction; and domiciled in the United States, (g) CONFORMING AMENDMENT.—Section (D) such other factors as the Commission, by the Commission may suspend, in whole or in 4(c)(1)(A) of the Commodity Exchange Act (7 rule, determines to be necessary or appropriate part, a determination made under paragraph (1) U.S.C. 6(c)(1)(A)) is amended by inserting ‘‘or in the public interest. or a consideration granted under paragraph (2). except as necessary to effectuate the purposes of (2) COMPARABILITY.—In the rule, the Commis- (d) PETITION FOR REVIEW OF FOREIGN JURIS- the Commodity End-User Relief Act,’’ after ‘‘to sion shall— DICTION PRACTICES.—A registered entity, com- grant exemptions,’’.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H419 SEC. 313. EXEMPTION OF QUALIFIED CHARITABLE practice surveillance, market surveillance, real- SEC. 317. TREATMENT OF CERTAIN FUNDS. ORGANIZATIONS FROM DESIGNA- time marketing monitoring, and audit trail given (a) AMENDMENT TO THE DEFINITION OF COM- TION AND REGULATION AS COM- that a swap execution facility may offer a trad- MODITY POOL OPERATOR.—Section 1a(12) of the MODITY POOL OPERATORS. ing system or platform to execute or trade swaps Commodity Exchange Act (7 U.S.C. 1a(11)), as (a) EXCLUSION FROM DEFINITION OF COM- through any means of interstate commerce. A so redesignated by section 304(b)(1) of this Act, MODITY POOL.—Section 1a(11) of the Commodity swap execution facility shall be responsible for is amended by adding at the end the following: Exchange Act (7 U.S.C. 1a(10)), as so redesig- monitoring trading in swaps only on its own fa- ‘‘(C)(i) The term ‘commodity pool operator’ nated by section 304(b)(1) of this Act, is amend- does not include a person who serves as an in- ed by adding at the end the following: cility.’’; (3) in paragraph (4)(B), by adding at the end vestment adviser to an investment company reg- ‘‘(C) EXCLUSION.—The term ‘commodity pool’ the following: ‘‘A swap execution facility shall istered pursuant to section 8 of the Investment shall not include any investment trust, syn- Company Act of 1940 or a subsidiary of such a dicate, or similar form of enterprise excluded be responsible for monitoring trading in swaps only on its own facility.’’; company, if the investment company or sub- from the definition of ‘investment company’ sidiary invests, reinvests, owns, holds, or trades pursuant to section 3(c)(10) or 3(c)(14) of the In- (4) in paragraph (6)(B)— (A) by striking ‘‘shall—’’ and all that follows in commodity interests limited to only financial vestment Company Act of 1940.’’. commodity interests. (b) INAPPLICABILITY OF PROHIBITION ON USE through ‘‘compliance with the’’ and insert ‘‘shall monitor the trading activity on its facil- ‘‘(ii) For purposes of this subparagraph only, OF INSTRUMENTALITIES OF INTERSTATE COM- the term ‘financial commodity interest’ means a MERCE BY UNREGISTERED COMMODITY TRADING ity for compliance with any’’; and (B) by adding at the end the following: ‘‘A futures contract, an option on a futures con- ADVISOR.—Section 4m of such Act (7 U.S.C. 6m) swap execution facility shall be responsible for tract, or a swap, involving a commodity that is is amended— not an exempt commodity or an agricultural (1) in paragraph (1), in the second sentence, monitoring positions only on its own facility.’’; commodity, including any index of financial by inserting ‘‘: Provided further, That the provi- (5) in paragraph (8), by striking ‘‘to liq- commodity interests, whether cash settled or in- sions of this section shall not apply to any com- uidate’’ and all that follows and inserting ‘‘to volving physical delivery. modity trading advisor that is: (A) a charitable suspend or curtail trading in a swap on its own facility.’’; ‘‘(iii) For purposes of this subparagraph only, organization, as defined in section 3(c)(10)(D) of the term ‘commodity’ does not include a security the Investment Company Act of 1940, or a trust- (6) in paragraph (13)(B), by striking ‘‘1-year period, as calculated on a rolling basis’’ and in- issued by a real estate investment trust, business ee, director, officer, employee, or volunteer of development company, or issuer of asset-backed such a charitable organization acting within the serting ‘‘90-day period, as calculated on a roll- ing basis, or conduct an orderly wind-down of securities, including any index of such securi- scope of the employment or duties of the person ties.’’. with the organization, whose trading advice is its operations, whichever is greater’’; and (7) in paragraph (15)— (b) AMENDMENT TO THE DEFINITION OF COM- provided only to, or with respect to, 1 or more of MODITY TRADING ADVISOR.—Section 1a(13) of the following: (i) any such charitable organiza- (A) in subparagraph (A), by adding at the end the following: ‘‘The individual may also perform such Act (7 U.S.C. 1a(12)), as so redesignated by tion; or (ii) an investment trust, syndicate or section 304(b)(1) of this Act, is amended by add- similar form of enterprise excluded from the def- other responsibilities for the swap execution fa- cility.’’; ing at the end the following: inition of ‘investment company’ pursuant to sec- ‘‘(E) The term ‘commodity trading advisor’ tion 3(c)(10) of the Investment Company Act of (B) in subparagraph (B)— (i) in clause (i), by inserting ‘‘, a committee of does not include a person who serves as an in- 1940; or (B) any plan, company, or account de- the board,’’ after ‘‘directly to the board’’; vestment adviser to an investment company reg- scribed in section 3(c)(14) of the Investment (ii) by striking clauses (iii) through (v) and in- istered pursuant to section 8 of the Investment Company Act of 1940, any person or entity who serting the following: Company Act of 1940 or a subsidiary of such a establishes or maintains such a plan, company, ‘‘(iii) establish and administer policies and company, if the commodity trading advice re- or account, or any trustee, director, officer, em- procedures that are reasonably designed to re- lates only to a financial commodity interest, as ployee, or volunteer for any of the foregoing solve any conflicts of interest that may arise; defined in paragraph (12)(C)(ii) of this section. plans, persons, or entities acting within the ‘‘(iv) establish and administer policies and For purposes of this subparagraph only, the scope of the employment or duties of the person procedures that reasonably ensure compliance term ‘commodity’ does not include a security with the organization, whose trading advice is with this Act and the rules and regulations issued by a real estate investment trust, business provided only to, or with respect to, any invest- issued under this Act, including rules prescribed development company, or issuer of asset-backed ment trust, syndicate, or similar form of enter- by the Commission pursuant to this section; securities, including any index of such securi- prise excluded from the definition of ‘investment and’’; and ties.’’. company’ pursuant to section 3(c)(14) of the In- (iii) by redesignating clause (vi) as clause (v); TITLE IV—TECHNICAL CORRECTIONS vestment Company Act of 1940’’ before the pe- (C) in subparagraph (C), by striking ‘‘(B)(vi)’’ SEC. 401. CORRECTION OF REFERENCES. riod; and and inserting ‘‘(B)(v)’’; and (a) Section 2(h)(8)(A)(ii) of the Commodity Ex- (2) by adding at the end the following: (D) in subparagraph (D)— change Act (7 U.S.C. 2(h)(8)(A)(ii)) is amended ‘‘(4) DISCLOSURE CONCERNING EXCLUDED (i) in clause (i)— by striking ‘‘5h(f) of this Act’’ and inserting CHARITABLE ORGANIZATIONS.—The operator of (I) by striking ‘‘In accordance with rules pre- ‘‘5h(g)’’. or advisor to any investment trust, syndicate, or scribed by the Commission, the’’ and inserting (b) Section 5c(c)(5)(C)(i) of such Act (7 U.S.C. similar form of enterprise excluded from the def- ‘‘The’’; and 7a–2(c)(5)(C)(i)) is amended by striking inition of ‘commodity pool’ by reason of section (II) by striking ‘‘and sign’’; and ‘‘1a(2)(i))’’ and inserting ‘‘1a(19)(i))’’. 1a(10)(C) of this Act pursuant to section 3(c)(10) (ii) in clause (ii)— (c) Section 23(f) of such Act (7 U.S.C. 26(f)) is of the Investment Company Act of 1940 shall (I) in the matter preceding subclause (I), by amended by striking ‘‘section 7064’’ and insert- provide disclosure in accordance with section inserting ‘‘or senior officer’’ after ‘‘officer’’; ing ‘‘section 706’’. 7(e) of the Investment Company Act of 1940.’’. (II) by amending subclause (I) to read as fol- SEC. 402. ELIMINATION OF OBSOLETE REF- SEC. 314. SMALL BANK HOLDING COMPANY lows: ERENCES TO DEALER OPTIONS. CLEARING EXEMPTION. ‘‘(I) submit each report described in clause (i) (a) IN GENERAL.—Section 4c of the Commodity Section 2(h)(7)(C) of the Commodity Exchange to the Commission; and’’; and Exchange Act (7 U.S.C. 6c) is amended by strik- Act (7 U.S.C. 2(h)(7)(C)) is amended by adding (III) in subclause (II), by inserting ‘‘materi- ing subsections (d) and (e) and redesignating at the end the following: ally’’ before ‘‘accurate’’. subsections (f) and (g) as subsections (d) and ‘‘(iv) HOLDING COMPANIES.—A determination SEC. 316. TREATMENT OF FEDERAL HOME LOAN (e), respectively. made by the Commission under clause (ii) shall, BANK PRODUCTS. (b) CONFORMING AMENDMENTS.— with respect to small banks and savings associa- (a) Section 1a(2) of the Commodity Exchange (1) Section 2(d) of such Act (7 U.S.C. 2(d)) is tions, also apply to their respective bank hold- Act (7 U.S.C. 1a(2)) is amended— amended by striking ‘‘(g) of’’ and inserting ‘‘(e) ing company (as defined in section 2 of the (1) in subparagraph (B), by striking ‘‘and’’; of’’. Bank Holding Company Act of 1956), or savings (2) in subparagraph (C), by striking the period (2) Section 4f(a)(4)(A)(i) of such Act (7 U.S.C. and loan holding company (as defined in sec- and inserting ‘‘; and’’; and 6f(a)(4)(A)(i)) is amended by striking ‘‘, (d), (e), tion 10 of the Home Owners’ Loan Act of 1933)), (3) by adding at the end the following: and (g)’’ and inserting ‘‘and (e)’’. if the total consolidated assets of the holding ‘‘(D) is the Federal Housing Finance Agency (3) Section 4k(5)(A) of such Act (7 U.S.C. company are no greater than the asset threshold for any Federal Home Loan Bank (as defined in 6k(5)(A)) is amended by striking ‘‘, (d), (e), and set by the Commission in determining small section 2 of the Federal Home Loan Bank (g)’’ and inserting ‘‘and (e)’’. bank and savings association eligibility under Act).’’. (4) Section 5f(b)(1)(A) of such Act (7 U.S.C. clause (ii).’’. (b) Section 402(a) of the Legal Certainty for 7b–1(b)(1)(A)) is amended by striking ‘‘, (e), and SEC. 315. CORE PRINCIPLE CERTAINTY. Bank Products Act of 2000 (7 U.S.C. 27(a)) is (g)’’ and inserting ‘‘and (e)’’. Section 5h(f) of the Commodity Exchange Act amended— (5) Section 9(a)(2) of such Act (7 U.S.C. (7 U.S.C. 7b–3(f)) is amended— (1) by striking ‘‘or’’ at the end of paragraph 13(a)(2)) is amended by striking ‘‘through (e)’’ (1) in paragraph (1)(B), by inserting ‘‘except (6); and inserting ‘‘and (c)’’. as described in this subsection’’ after ‘‘Commis- (2) by striking the period at the end of para- SEC. 403. UPDATED TRADE DATA PUBLICATION sion by rule or regulation’’; graph (7) and inserting ‘‘; or’’; and REQUIREMENT. (2) in paragraph (2), by amending subpara- (3) by adding at the end the following: Section 4g(e) of the Commodity Exchange Act graph (D) to read as follows: ‘‘(8) any Federal Home Loan Bank (as defined (7 U.S.C. 6g(e)) is amended by striking ‘‘ex- ‘‘(D) have reasonable discretion in estab- in section 2 of the Federal Home Loan Bank change’’ and inserting ‘‘each designated con- lishing and enforcing its rules related to trade Act).’’. tract market and swap execution facility’’.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H420 CONGRESSIONAL RECORD — HOUSE January 12, 2017 SEC. 404. FLEXIBILITY FOR REGISTERED ENTI- (A) by inserting ‘‘swap or’’ after ‘‘or liquida- (o) Section 4(a)(1) of such Act (7 U.S.C. TIES. tion of any’’; and 6(a)(1)) is amended by striking ‘‘or derivatives Section 5c(b) of the Commodity Exchange Act (B) by inserting ‘‘swap or’’ after ‘‘margin lev- transaction execution facility’’ each place it ap- (7 U.S.C. 7a–2(b)) is amended by striking ‘‘con- els on any’’. pears. tract market, derivatives transaction execution SEC. 409. ELIMINATION OF OBSOLETE REF- (p) Section 4(c)(1) of such Act (7 U.S.C. facility, or electronic trading facility’’ each ERENCE TO THE COMMODITY EX- 6(c)(1)) is amended— place it appears and inserting ‘‘registered enti- CHANGE COMMISSION. (1) by striking ‘‘or registered’’ after ‘‘des- ty’’. Section 13(c) of the Commodity Exchange Act ignated’’; and SEC. 405. ELIMINATION OF OBSOLETE REF- (7 U.S.C. 13c(c)) is amended by striking ‘‘or the (2) by striking ‘‘or derivatives transaction exe- ERENCES TO ELECTRONIC TRADING Commission’’. cution facility’’. FACILITIES. SEC. 410. ELIMINATION OF OBSOLETE REF- (q) Section 4a(a)(1) of such Act (7 U.S.C. (a) Section 1a(19)(A)(x) of the Commodity Ex- ERENCES TO DERIVATIVE TRANS- 6a(a)(1)) is amended— change Act (7 U.S.C. 1a(18)(A)(x)), as so redesig- ACTION EXECUTION FACILITIES. (1) by striking ‘‘or derivatives transaction exe- nated by section 304(b)(1) of this Act, is amend- (a) Section 1a(13)(B)(vi) of the Commodity Ex- cution facilities’’; and ed by striking ‘‘(other than an electronic trad- change Act (7 U.S.C. 1a(12)(B)(vi)), as so redes- (2) by striking ‘‘or derivatives transaction exe- ing facility with respect to a significant price ignated by section 304(b)(1) of this Act, is cution facility’’. discovery contract)’’. amended by striking ‘‘derivatives transaction (r) Section 4a(e) of such Act (7 U.S.C. 6a(e)) is (b) Section 1a(40) of such Act (7 U.S.C. execution facility’’ and inserting ‘‘swap execu- amended— 1a(41)), as so redesignated by section 304(b)(1) of tion facility’’. (1) by striking ‘‘, derivatives transaction exe- this Act, is amended— (b) Section 1a(35) of such Act (7 U.S.C. cution facility,’’ each place it appears; and (1) by adding ‘‘and’’ at the end of subpara- 1a(34)), as so redesignated by section 304(b)(1) of (2) by striking ‘‘or derivatives transaction exe- graph (D); and this Act, is amended by striking ‘‘or derivatives cution facility’’. (2) by striking all that follows ‘‘section 21’’ transaction execution facility’’ each place it ap- (s) Section 4c(e) of such Act (7 U.S.C. 6c(g)), and inserting a period. pears. as so redesignated by section 402(a) of this Act, (c) Section 4a(e) of such Act (7 U.S.C. 6a(e)) (c) Section 1a(36)(B)(iii)(I) of such Act (7 is amended by striking ‘‘or derivatives trans- is amended— U.S.C. 1a(35)(B)(iii)(I)), as so redesignated by action execution facility’’ each place it appears. (1) in the first sentence— section 304(b)(1) of this Act, is amended by strik- (t) Section 4d of such Act (7 U.S.C. 6d) is (A) by striking ‘‘or by any electronic trading ing ‘‘or registered derivatives transaction execu- amended by striking ‘‘or derivatives transaction facility’’; tion facility’’. execution facility’’ each place it appears. (B) by striking ‘‘or on an electronic trading (d) Section 2(a)(1)(C)(ii) of such Act (7 U.S.C. (u) Section 4e of such Act (7 U.S.C. 6e) is facility’’; and 2(a)(1)(C)(ii)) is amended— amended by striking ‘‘or derivatives transaction (1) by striking ‘‘, or register a derivatives (C) by striking ‘‘or electronic trading facility’’ execution facility’’. transaction execution facility that trades or exe- each place it appears; and (v) Section 4f(b) of such Act (7 U.S.C. 6f(b)) is cutes,’’; (2) in the second sentence, by striking ‘‘or (2) by striking ‘‘, and no derivatives trans- amended by striking ‘‘or derivatives transaction electronic trading facility with respect to a sig- action execution facility shall trade or execute execution facility’’ each place it appears. nificant price discovery contract’’. (w) Section 4i of such Act (7 U.S.C. 6i) is such contracts of sale (or options on such con- (d) Section 4g(a) of such Act (7 U.S.C. 6g(a)) amended by striking ‘‘or derivatives transaction tracts) for future delivery’’; and is amended by striking ‘‘any significant price (3) by striking ‘‘or the derivatives transaction execution facility’’. discovery contract traded or executed on an execution facility,’’. (x) Section 4j(a) of such Act (7 U.S.C. 6j(a)) is electronic trading facility or’’. (e) Section 2(a)(1)(C)(v)(I) of such Act (7 amended by striking ‘‘and registered derivatives (e) Section 4i of such Act (7 U.S.C. 6i) is U.S.C. 2(a)(1)(C)(v)(I)) is amended by striking ‘‘, transaction execution facility’’. amended— or any derivatives transaction execution facility (y) Section 4p(a) of such Act (7 U.S.C. 6p(a)) (1) by striking ‘‘, or any significant price dis- on which such contract or option is traded,’’. is amended by striking ‘‘, or derivatives trans- covery contract traded or executed on an elec- (f) Section 2(a)(1)(C)(v)(II) of such Act (7 action execution facilities’’. tronic trading facility or any agreement, con- U.S.C. 2(a)(1)(C)(v)(II)) is amended by striking (z) Section 4p(b) of such Act (7 U.S.C. 6p(b)) tract, or transaction that is treated by a deriva- ‘‘or derivatives transaction execution facility’’ is amended by striking ‘‘derivatives transaction tives clearing organization, whether registered each place it appears. execution facility,’’. or not registered, as fungible with a significant (g) Section 2(a)(1)(C)(v)(V) of such Act (7 (aa) Section 5c(f) of such Act (7 U.S.C. 7a– price discovery contract’’; and U.S.C. 2(a)(1)(C)(v)(V)) is amended by striking 2(f)) is amended by striking ‘‘and registered de- (2) by striking ‘‘or electronic trading facility’’. ‘‘or registered derivatives transaction execution rivatives transaction execution facility’’. (f) Section 6(b) of such Act (7 U.S.C. 8(b)) is facility’’. (bb) Section 5c(f)(1) of such Act (7 U.S.C. 7a– amended by striking ‘‘or electronic trading facil- (h) Section 2(a)(1)(D)(i) of such Act (7 U.S.C. 2(f)(1)) is amended by striking ‘‘or registered de- ity’’ each place it appears. 2(a)(1)(D)(i)) is amended in the matter preceding rivatives transaction execution facility’’. (g) Section 12(e)(2) of such Act (7 U.S.C. subclause (I)— (cc) Section 6 of such Act (7 U.S.C. 8) is 16(e)(2)) is amended by striking ‘‘in the case of— (1) by striking ‘‘in, or register a derivatives amended— ’’ and all that follows and inserting ‘‘in the case transaction execution facility’’; and (1) by striking ‘‘or registered’’; of an agreement, contract, or transaction that is (2) by striking ‘‘, or registered as a derivatives (2) by striking ‘‘or derivatives transaction exe- excluded from this Act under section 2(c) or 2(f) transaction execution facility for,’’. cution facility’’ each place it appears; and of this Act or title IV of the Commodity Futures (i) Section 2(a)(1)(D)(i)(IV) of such Act (7 (3) by striking ‘‘or registration’’ each place it Modernization Act of 2000, or exempted under U.S.C. 2(a)(1)(D)(i)(IV)) is amended by striking appears. section 4(c) of this Act (regardless of whether ‘‘registered derivatives transaction execution fa- (dd) Section 6a(a) of such Act (7 U.S.C. any such agreement, contract, or transaction is cility,’’ each place it appears. 10a(a)) is amended— otherwise subject to this Act).’’. (j) Section 2(a)(1)(D)(ii)(I) of such Act (7 (1) by striking ‘‘or registered’’; U.S.C. 2(a)(1)(D)(ii)(I)) is amended to read as SEC. 406. ELIMINATION OF OBSOLETE REF- (2) by striking ‘‘or a derivatives transaction ERENCE TO ALTERNATIVE SWAP follows: execution facility’’; and EXECUTION FACILITIES. ‘‘(I) the transaction is conducted on or subject (3) by inserting ‘‘shall’’ before ‘‘exclude’’ the Section 5h(h) of the Commodity Exchange Act to the rules of a board of trade that has been first place it appears. (7 U.S.C. 7b–3(h)) is amended by striking ‘‘alter- designated by the Commission as a contract (ee) Section 6a(b) of such Act (7 U.S.C. 10a(b)) native’’ before ‘‘swap’’. market in such security futures product; or’’. is amended— (k) Section 2(a)(1)(D)(ii)(II) of such Act (7 (1) by striking ‘‘or registered’’; and SEC. 407. ELIMINATION OF REDUNDANT REF- U.S.C. 2(a)(1)(D)(ii)(II)) is amended by striking ERENCES TO TYPES OF REGISTERED (2) by striking ‘‘or a derivatives transaction ENTITIES. ‘‘or registered derivatives transaction execution execution facility’’. Section 6b of the Commodity Exchange Act (7 facility’’. (ff) Section 6d(1) of such Act (7 U.S.C. 13a– U.S.C. 13a) is amended in the first sentence by (l) Section 2(a)(1)(D)(ii)(III) of such Act (7 2(1)) is amended by striking ‘‘derivatives trans- striking ‘‘as set forth in sections 5 through 5c’’. U.S.C. 2(a)(1)(D)(ii)(III)) is amended by striking action execution facility,’’. ‘‘or registered derivatives transaction execution SEC. 408. CLARIFICATION OF COMMISSION AU- SEC. 411. ELIMINATION OF OBSOLETE REF- facility member’’. ERENCES TO EXEMPT BOARDS OF THORITY OVER SWAPS TRADING. (m) Section 2(a)(9)(B)(ii) of such Act (7 U.S.C. Section 8a of the Commodity Exchange Act (7 TRADE. 2(a)(9)(B)(ii)) is amended— (a) Section 1a(19)(A)(x) of the Commodity Ex- U.S.C. 12a) is amended— (1) by striking ‘‘or registration’’ each place it (1) in paragraph (7)— change Act (7 U.S.C. 1a(18)(A)(x)), as so redesig- appears; nated by section 304(b)(1) of this Act, is amend- (A) by inserting ‘‘the protection of swaps trad- (2) by striking ‘‘or derivatives transaction exe- ed by striking ‘‘or an exempt board of trade’’. ers and to assure fair dealing in swaps, for’’ cution facility’’ each place it appears; (b) Section 12(e)(1)(B)(i) of such Act (7 U.S.C. after ‘‘appropriate for’’; (3) by striking ‘‘or register’’; (B) in subparagraph (A), by inserting ‘‘swaps (4) by striking ‘‘, registering,’’; and 16(e)(1)(B)(i)) is amended by striking ‘‘or exempt or’’ after ‘‘conditions in’’; and (5) by striking ‘‘registration,’’. board of trade’’. (C) in subparagraph (B), by inserting ‘‘or (n) Section 2(c)(2) of such Act (7 U.S.C. SEC. 412. ELIMINATION OF REPORT DUE IN 1986. swaps’’ after ‘‘future delivery’’; and 2(c)(2)) is amended by striking ‘‘or a derivatives Section 26 of the Futures Trading Act of 1978 (2) in paragraph (9)— transaction execution facility’’. (7 U.S.C. 16a) is amended by striking subsection

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H421 (b) and redesignating subsection (c) as sub- (w) Section 17(b)(10)(C)(ii) of such Act (7 necessary solution to issues identified section (b). U.S.C. 21(b)(10)(C)(ii)) is amended by striking at the CFTC regarding its leasing prac- SEC. 413. COMPLIANCE REPORT FLEXIBILITY. ‘‘and’’ at the end. tices by its own inspector general and Section 4s(k)(3)(B) of the Commodity Ex- (x) Section 17(b)(11) of such Act (7 U.S.C. the Government Accountability Office. 21(b)(11)) is amended by striking the period and change Act (7 U.S.C. 6s(k)(3)(B)) is amended to This amendment, Mr. Chairman, read as follows: inserting a semicolon. ‘‘(B) REQUIREMENTS.—A compliance report (y) Section 17(b)(12) of such Act (7 U.S.C. would allow the CFTC to manage its under subparagraph (A) shall— 21(b)(12)) is amended— leases through a third party, such as ‘‘(i) include a certification that, under pen- (1) by striking ‘‘(A)’’; and the General Services Administration. alty of law, the compliance report is materially (2) by striking the period and inserting ‘‘; Up until now, the CFTC has dem- accurate and complete; and and’’. onstrated they have not responsibly ‘‘(ii) be furnished at such time as the Commis- (z) Section 17(b)(13) of such Act (7 U.S.C. managed their own leases, and such sion determines by rule, regulation, or order, to 21(b)(13)) is amended by striking ‘‘A’’ and in- missteps have created a number of be appropriate.’’. serting ‘‘a’’. (aa) Section 17 of such Act (7 U.S.C. 21), as problems for the agency itself. These SEC. 414. MISCELLANEOUS CORRECTIONS. include poor management and over- (a) Section 1a(13)(A)(i)(II) of the Commodity amended by sections 101 through 103 of this Act, Exchange Act (7 U.S.C. 1a(12)(A)(i)(II)), as so is amended by redesignating subsection (q), as sight of the agency’s leasing practices, redesignated by section 304(b)(1) of this Act, is added by section 233(5) of Public Law 97–444, resulting in millions of dollars in ex- amended by adding at the end a semicolon. and subsections (s) through (w) as subsections cess space and leasing costs. (b) Section 2(a)(1)(C)(ii)(III) of such Act (7 (r) through (x), respectively. The GAO legal division has identified U.S.C. 2(a)(1)(C)(ii)(III)) is amended by moving (bb) Section 22(b)(3) of such Act (7 U.S.C. instances of the CFTC violating the ap- the provision 2 ems to the right. 25(b)(3)) is amended by striking ‘‘of registered’’ propriations law with regard to its (c) Section 2(a)(1)(C)(iii) of such Act (7 U.S.C. and inserting ‘‘of a registered’’. leasing payments and contracts. 2(a)(1)(C)(iii)) is amended by moving the provi- (cc) Section 22(b)(4) of such Act (7 U.S.C. sion 2 ems to the right. 25(b)(4)) is amended by inserting a comma after GAO is further reviewing four addi- (d) Section 2(a)(1)(C)(iv) of such Act (7 U.S.C. ‘‘entity’’. tional legal issues that are related to the CFTC’s leasing contracts, and we 2(a)(1)(C)(iv)) is amended by striking ‘‘under The CHAIR. No amendment to that expect the issuance of opinions in the or’’ and inserting ‘‘under’’. amendment in the nature of a sub- (e) Section 2(a)(1)(C)(v) of such Act (7 U.S.C. near future that will justify the need stitute shall be in order except those 2(a)(1)(C)(v)) is amended by moving the provi- for this very amendment that we are printed in part B of House Report 115– sion 2 ems to the right. talking about this afternoon. 3. Each such amendment may be of- (f) Section 2(a)(1)(C)(v)(VI) of such Act (7 Let me add that at the CFTC, they U.S.C. 2(a)(1)(C)(v)(VI)) is amended by striking fered only in the order printed in the are experts at their oversight of the ‘‘III’’ and inserting ‘‘(III)’’. report, by a Member designated in the commodity and the futures and the (g) Section 2(c)(1) of such Act (7 U.S.C. report, shall be considered read, shall swap markets. However, the CFTC is 2(c)(1)) is amended by striking the second be debatable for the time specified in comma. not expert in leasing practices, and the report, equally divided and con- (h) Section 4(c)(3)(H) of such Act (7 U.S.C. they should be relieved from the bur- trolled by the proponent and an oppo- 6(c)(3)(H)) is amended by striking ‘‘state’’ and den of doing this as we move forward. nent, shall not be subject to amend- inserting ‘‘State’’. I would ask my colleagues to support (i) Section 4c(c) of such Act (7 U.S.C. 6c(c)) is ment, and shall not be subject to a de- this amendment at the desk. amended to read as follows: mand for division of the question. ‘‘(c) The Commission shall issue regulations to I yield back the balance of my time. AMENDMENT NO. 1 OFFERED BY MR. ADERHOLT continue to permit the trading of options on Mr. PETERSON. Mr. Chairman, I rise contract markets under such terms and condi- The CHAIR. It is now in order to con- in opposition to this amendment. tions that the Commission from time to time may sider amendment No. 1 printed in part The CHAIR. The gentleman from prescribe.’’. B of House Report 115–3. Minnesota is recognized for 5 minutes. (j) Section 4d(b) of such Act (7 U.S.C. 6d(b)) is Mr. ADERHOLT. Mr. Chairman, I Mr. PETERSON. Mr. Chairman, I rise amended by striking ‘‘paragraph (2) of this sec- have an amendment at the desk. in opposition to this amendment. tion’’ and inserting ‘‘subsection (a)(2)’’. The CHAIR. The Clerk will designate (k) Section 4f(c)(3)(A) of such Act (7 U.S.C. According to the CFTC, there is a 6f(c)(3)(A)) is amended by striking the first the amendment. drafting error in this amendment. I comma. The text of the amendment is as fol- don’t know exactly what it is, but they (l) Section 4f(c)(4)(A) of such Act (7 U.S.C. lows: claim that there is a drafting error. 6f(c)(4)(A)) is amended by striking ‘‘in devel- Add at the end of title II the following: They also claim that it prohibits the oping’’ and inserting ‘‘In developing’’. SEC. 213. ELIMINATION OF CERTAIN LEASING AU- CFTC from entering into leases going (m) Section 4f(c)(4)(B) of such Act (7 U.S.C. THORITY OF THE COMMISSION. forward. They have expressed concern 6f(c)(4)(B)) is amended by striking ‘‘1817(a)’’ Section 12(b)(3) of the Commodity Ex- that this prohibition will affect their and inserting ‘‘1817(a))’’. change Act (7 U.S.C. 16(b)(3)) is amended— (n) Section 5 of such Act (7 U.S.C. 7) is ability to enter into contracts with (1) by striking ‘‘including, but not limited GSA in emergency situations and in amended by redesignating subsections (c) to,’’ and inserting ‘‘excluding’’; and through (e) as subsections (b) through (d), re- (2) by adding at the end the following new order to sublease unused space. spectively. sentence: ‘‘In the case of an existing lease This is one of the problems that I (o) Section 5b of such Act (7 U.S.C. 7a–1) is contract entered into under this paragraph, have with this bill in skipping the amended by redesignating subsection (k) as sub- the Commission may not extend the lease process of consideration in the Com- section (j). term, but may agree to any other contract mittee on Agriculture. If we would (p) Section 5f(b)(1) of such Act (7 U.S.C. 7b– modification that does not result in any ad- have done that, we would have had a 1(b)(1)) is amended by striking ‘‘section 5f’’ and ditional cost to the Federal Government.’’. inserting ‘‘this section’’. chance to go over this and figure out (q) Section 6(a) of such Act (7 U.S.C. 8(a)) is The CHAIR. Pursuant to House Reso- exactly what is going on and who is amended by striking ‘‘the the’’ and inserting lution 40, the gentleman from Alabama right and who is wrong and what the ‘‘the’’. (Mr. ADERHOLT) and a Member opposed situation is. (r) Section 8a of such Act (7 U.S.C. 12a) is each will control 5 minutes. So, according to them, there are amended in each of paragraphs (2)(E) and The Chair recognizes the gentleman problems. We haven’t gone through (3)(B) by striking ‘‘Investors’’ and inserting from Alabama. ‘‘Investor’’. regular order, so I reluctantly oppose (s) Section 9(a)(2) of such Act (7 U.S.C. Mr. ADERHOLT. Mr. Chairman, I the amendment. 13(a)(2)) is amended by striking ‘‘subsection 4c’’ yield myself such time as I may con- I yield back the balance of my time. and inserting ‘‘section 4c’’. sume. Mr. ADERHOLT. Mr. Chairman, this (t) Section 12(b)(4) of such Act (7 U.S.C. Mr. Chairman, I present to you an amendment has been vetted by the 16(b)(4)) is amended by moving the provision 2 amendment, as the chairman of the Ap- House Legislative Counsel and the staff ems to the left. propriations Subcommittee for Agri- at the CFTC. (u) Section 14(a)(2) of such Act (7 U.S.C. culture, that provides funding over- The CHAIR. The gentleman from 18(a)(2)) is amended by moving the provision 2 ems to the left. sight for the Commodity Futures Trad- Alabama has yielded back. Does the (v) Section 17(b)(9)(D) of such Act (7 U.S.C. ing Commission, known as the CFTC. gentleman from Alabama seek unani- 21(b)(9)(D)) is amended by striking the semi- This amendment that is before us mous consent to reclaim the balance of colon and inserting a period. this afternoon is a simple, yet a very the time?

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.012 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H422 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Mr. ADERHOLT. Mr. Chairman, I ask (2) in paragraph (3)(A), by striking ‘‘unless Mr. PETERSON. Mr. Chairman, I rise unanimous consent to reclaim my the balance of the Fund at the time the mon- in opposition to the amendment. time. etary judgment is collected exceeds The CHAIR. The gentleman from The CHAIR. Is there objection to the $100,000,000’’ and inserting ‘‘, but only to the Minnesota is recognized for 5 minutes. extent that the resulting balance of the request of the gentleman from Ala- Fund does not exceed $50,000,000’’; and Mr. PETERSON. Mr. Chair, as was bama? (3) by redesignating paragraph (5) as para- indicated, this places a $5 million limit There was no objection. graph (6) and inserting after paragraph (4) on expenditures. Mr. ADERHOLT. The amendment has the following: Again, I don’t know if it is a drafting been vetted by the House Legislative ‘‘(5) REVERSION TO TREASURY.—Notwith- error or a difference of opinion, but, ac- Counsel and the staff at the CFTC. I standing the preceding provisions of this cording to the CFTC, they claim that understand and I can appreciate any subsection, to the extent the balance of the this amendment does things that were concerns that the ranking member Fund exceeds $50,000,000, the excess amount not explained and were not, in their shall be deposited in the Treasury of the opinion, made clear in the amendment. would have. United States as miscellaneous receipts.’’. Let me say, as we move forward, we I don’t know if they are calling it an The CHAIR. Pursuant to House Reso- will take any of this into account as we error, or whatever it is, but there is a lution 40, the gentleman from Georgia move forward on this process, any provision in there that says that this (Mr. AUSTIN SCOTT) and a Member op- technical changes that are necessary fund, once it gets above $100 million, posed each will control 5 minutes. can’t go above $50 million. before this bill becomes law, and we The Chair recognizes the gentleman So what this does is it basically lim- will be happy to work with the ranking from Georgia. member as we move forward with this AUSTIN SCOTT of Georgia. Mr. its the amount, once they get an amendment. Chairman, I yield myself such time as amount to go back into the fund to re- plenish it. Again, I am not exactly sure b 1330 I may consume. Mr. Chairman, I rise to offer the who is right or who is wrong here, but Mr. PETERSON. Will the gentleman Scott amendment to H.R. 238, the Com- it is another example of, I think, some- yield? modity End-User Relief Act. thing that could have been avoided if Mr. ADERHOLT. I yield to the gen- This commonsense amendment this would have come through the Ag- tleman from Minnesota. brings much needed reforms and guid- riculture Committee in regular order. Mr. PETERSON. Again, we are being ance for the consumer protection fund The CFTC’s education initiatives to told by the CFTC that this is not the at the Commodity Futures Trading help consumers protect themselves case. Commission. The drafters of Dodd- have been successful since this initia- So, again, I don’t know who is right Frank envisioned the consumer protec- tive began. The main expense is the or wrong, and I appreciate your offer to tion fund to be capped at $100 million. Web site BrokerCheck. The whistle- work with us to get to the bottom of However, through agency interpreta- blower awards have increased recently this. Again, this is the problem that tions, this fund currently has a balance and have been shown to be an effective you have when you don’t go through of nearly $250 million. method of enforcing the Commodity regular order. While the fund is certainly well-in- Exchange Act. Mr. ADERHOLT. Reclaiming my tended and can be used to pay whistle- So, again, I would ask opposition to time, I would just add that, for this blower awards and fund customer edu- the amendment and again make the amendment, we will work with any cation initiatives, there is no limit on point that, had we gone through the concerns that they may have and try the amount of the fund that can be committee process, we could have re- to fix anything that may be, but this is spent on these customer education ini- solved this and probably been on the something that needs to be addressed, tiatives. same page. as there are real problems at the CFTC There is also a very broad definition Mr. Chair, I yield back the balance of regarding the leasing issue. of what constitutes a customer edu- my time. I would ask my colleagues to support cation initiative. For instance, the The CHAIR. The gentleman from this amendment. vast majority of the fund is currently Minnesota has yielded back. Mr. Chairman, I yield back the bal- being spent on programs like adver- The gentleman from Georgia yielded ance of my time. tising, opening offices in cities with back his time. Does the gentleman The CHAIR. The question is on the little need, and paying for CFTC staff wish to request unanimous consent to amendment offered by the gentleman travel. reclaim the balance of his time? from Alabama (Mr. ADERHOLT). This amendment would do two Mr. AUSTIN SCOTT of Georgia. Yes, The amendment was agreed to. things. First, it would place a hard cap, Mr. Chair. AMENDMENT NO. 2 OFFERED BY MR. AUSTIN one which administrators can’t bypass, The CHAIR. Without objection, so or- SCOTT OF GEORGIA on the fund of $50 million. This would dered. The CHAIR. It is now in order to con- simply make a commonsense decision There was no objection. sider amendment No. 2 printed in part to return approximately $200 million to Mr. AUSTIN SCOTT of Georgia. Mr. B of House Report 115–3. the Treasury and keep the fund from Chairman, I would point out that there Mr. AUSTIN SCOTT of Georgia. Mr. carrying an excessive balance in the fu- is over $200 million in the account. If Chairman, I have an amendment at the ture. Should whistleblower payouts ex- somebody were going to make $200 mil- desk. ceed $50 million, the Treasury would lion subject to the appropriations proc- The CHAIR. The Clerk will designate place additional money into the fund. ess, I imagine any bureaucrat would the amendment. The amendment’s second reform object if that was going to happen to The text of the amendment is as fol- would limit spending on customer edu- their agency. lows: cation initiatives to $5 million per But the fact of the matter is, that is one of the ways that we as Members of At the end of title II, add the following: year. This limit would bring discipline Congress are able to make sure that SEC. 213. REFORM OF THE CUSTOMER PROTEC- to the provision that has been used to TION FUND. spend millions in advertising and so- taxpayer funds are spent where we ex- Section 23(g) of the Commodity Exchange cial media outreach. pect them to be spent. This does not in Act (7 U.S.C. 26(g)) is amended— The Congressional Budget Office in- any way, shape, or form hinder the (1) in paragraph (2)— formally indicates that these changes ability to pay out to whistleblowers. I (A) in the matter preceding subparagraph would save more than $40 million and firmly believe we should be paying (A), by striking ‘‘or fiscal year limitation’’; would preserve the customer protec- whistleblowers. (B) in subparagraph (A), by striking ‘‘; tion fund while making commonsense If the fund needs additional re- and’’ and inserting ‘‘, without fiscal year sources, we have the ability to appro- limitation;’’; and reforms to protect taxpayer resources. (C) in subparagraph (B), by striking I encourage adoption of my amend- priate it, but it would prevent the ‘‘thereunder.’’ and inserting ‘‘, the total ment. agency from maintaining balances well amount of which shall not exceed $5,000,000 Mr. Chairman, I yield back the bal- in excess of what was anticipated in per fiscal year.’’; ance of my time. the Dodd-Frank legislation.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.036 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H423 Mr. Chair, I yield back the balance of The CHAIR. The Clerk will designate position limits because limits are an my time. the amendment. unmistakable burden on market par- The CHAIR. The question is on the The text of the amendment is as fol- ticipants. amendment offered by the gentleman lows: The current position limits proposal from Georgia (Mr. AUSTIN SCOTT). Page 40, line 4, strike ‘‘paragraphs (2) and will cost market participants substan- The amendment was agreed to. (5) of subsection (a)’’ and insert ‘‘paragraph tially in time and money to comply AMENDMENT NO. 3 OFFERED BY MR. CONAWAY (1)’’. with. Most importantly, it fundamen- Add at the end of title III the following: The CHAIR. It is now in order to con- tally changes the way hedgers can seek SEC. 318. REQUIREMENTS RELATED TO POSITION sider amendment No. 3 printed in part LIMITS. relief from the rules. B of House Report 115–3. (a) IN GENERAL.—Section 4a(a) of the Com- Agricultural producers and proc- Mr. CONAWAY. Mr. Chairman, I have modity Exchange Act (7 U.S.C. 6a(a)) is essors, power companies, and other an amendment at the desk. amended— commercial hedgers may have fewer The CHAIR. The Clerk will designate (1) by striking paragraphs (2), (3), (5), and bona fide hedges. What is more, they the amendment. (6); and might get a hedge exemption, only to The text of the amendment is as fol- (2) by redesignating paragraphs (4) and (7) get a call from Washington telling lows: as paragraphs (2) and (3), respectively. (b) BONA FIDE HEDGING TRANSACTION DEFI- them their hedge is invalid and they Page 32, after line 3, insert the following: NITION.—Section 4a(c)(2)(A)(i) of such Act (7 must liquidate their position. (L) Section 3a(68)(A)(i) of the Securities U.S.C. 6a(c)(2)(A)(i)) is amended by inserting The proposal also imposes new rec- Exchange Act of 1934 (15 U.S.C. ‘‘normally’’ before ‘‘represents’’. ordkeeping and reporting obligations 78c(a)(68)(A)(i)) is amended by striking (c) EFFECTIVE DATE.—The amendments ‘‘(47)(B)(x)’’ and inserting ‘‘(48)(B)(x)’’. on Futures Commission Merchants, ex- made by this section shall take effect on the changes, and market participants. Less (M) Section 3C(g)(3)(A)(v) of the Securities date of the enactment of this section. Exchange Act of 1934 (15 U.S.C. 78c- well understood, but no less important, 3(g)(3)(A)(v)) is amended by striking ‘‘1a(10)’’ The CHAIR. Pursuant to House Reso- is the impact that position limits in and inserting ‘‘1a(11)’’. lution 40, the gentleman from Texas later months might have on market li- (N) Section 6(g)(5)(B)(i) of the Securities (Mr. CONAWAY) and a Member opposed quidity. Exchange Act of 1934 (15 U.S.C. 78f(g)(5)(B)(i)) each will control 5 minutes. Position limits do not have anything The Chair recognizes the gentleman is amended— to do with the long-term price of com- (i) in sublcause (I), by striking from Texas. ‘‘1a(18)(B)(ii)’’ and inserting ‘‘1a(19)(B)(ii)’’; Mr. CONAWAY. Mr. Chairman, the modities. The price of oil, no matter and amendment I offer today will clarify how high it climbs or how low it falls, (ii) in subclause (II), by striking ‘‘1a(18)’’ amendments made to the Commodity is driven by supply and demand. and inserting ‘‘1a(19)’’. Exchange Act by Dodd-Frank and re- Congress itself recognized this when (O) Section 15F(h)(5)(A)(i) of the Securities quire the CFTC to actually determine it characterized the burdens of exces- Exchange Act of 1934 (15 U.S.C. 78o- sive speculation as the sudden or un- 10(h)(5)(A)(i)) is amended by striking ‘‘1a(18)’’ that position limits will, in fact, help reduce excessive speculation before reasonable fluctuations or unwarranted and inserting ‘‘1a(19)’’. changes in the price of a commodity. Page 50, line 21, strike ‘‘1a(10)(C)’’ and in- they implement those new rules. sert ‘‘1a(11)(C)’’. This past fall, my colleagues and I all There is nothing sudden about a year’s- The CHAIR. Pursuant to House Reso- ran for reelection promising to reduce long run-up or a year’s-long decline in lution 40, the gentleman from Texas government regulation and eliminate commodity prices. That said, I agree there is a role for (Mr. CONAWAY) and a Member opposed rules that needlessly burden the econ- position limits to play in the manage- each will control 5 minutes. omy. As we consider the CFTC’s ongo- The Chair recognizes the gentleman ing work, we should look no further ment of our commodity markets, espe- from Texas. than the position limits rulemaking to cially in managing the convergence of Mr. CONAWAY. Mr. Chairman, this begin that task. prices at the expiration of a contract. is a pretty straightforward amend- Position limits are a tool that have But limits are a regulatory tool to pro- ment. It proposes certain technical cor- merit and purpose in regulating the mote orderly markets, not a silver bul- rections within the bills. This would commodities market. Today, des- let to lower commodity prices for con- have normally been handled by the ignated contract markets core prin- sumers. Rules Committee without need for a ciple V requires every U.S. exchange to As a tool, they need to be calibrated particular amendment, but because, as impose, as is necessary and appro- to the unique characteristics and his- I said yesterday, the language of H.R. priate, position limits or position ac- torical patterns of each commodity. 238 is the exact language out of last countability levels on the contracts We cannot impose them in blind faith year’s June 15 bill, except for things they offer. that more regulation automatically that we dropped and limiting the ap- Further, there are several agricul- improves markets. propriations to $250 million. tural contracts that have long-estab- My amendment is agnostic about the So, in the spirit of total trans- lished and well understood federally merits of position limits, but it is clear parency, I bring this amendment for- mandated position limits. My amend- about the need for the government to ward so the full body can work its will ment will not change any of those ex- justify its rules that restrict economic on this technical correction that would isting position limits regime. activity. have normally been fixed by the Rules Prior to Dodd-Frank, the law was As this Congress sets about reducing Committee. clear: if the Commission wanted to im- regulatory burdens, it is important Mr. PETERSON. Will the gentleman pose position limits, it first had to that we start by requiring the CFTC to yield? make a determination that such limits make a determination about the need Mr. CONAWAY. I yield to the gen- would diminish, eliminate, or prevent for further regulations before they act. tleman from Minnesota. the burdens of excessive speculation. Mr. Chair, I reserve the balance of Mr. PETERSON. Mr. Chair, I support Post-Dodd-Frank, the courts have my time. the amendment. ruled that additions to the statute Mr. PETERSON. Mr. Chair, I claim Mr. CONAWAY. Mr. Chair, I yield have rendered it ambiguous. the time in opposition to the amend- back the balance of my time. Chairman Massad and I have dis- ment. The CHAIR. The question is on the agreed for the past 3 years about how The CHAIR. The gentleman from amendment offered by the gentleman to read the statute. So today, my Minnesota is recognized for 5 minutes. from Texas (Mr. CONAWAY). amendment fixes the ambiguity by af- Mr. PETERSON. Mr. Chairman, I The amendment was agreed to. firmatively requiring the Commission yield my time to the gentleman from AMENDMENT NO. 4 OFFERED BY MR. CONAWAY to determine that position limits will Connecticut (Mr. COURTNEY), who was The CHAIR. It is now in order to con- serve to reduce the burdens of exces- one of the original folks who brought sider amendment No. 4 printed in part sive speculation before they put them this forward and one of the original au- B of House Report 115–3. in place. thors, I think, of this provision. So I Mr. CONAWAY. Mr. Chairman, I have It is important that the Commission am going to let him carry the day on an amendment at the desk. affirmatively determines the need for the opposition to this amendment.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.040 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H424 CONGRESSIONAL RECORD — HOUSE January 12, 2017 The CHAIR. The gentleman from would provide for an opportunity to economist: ‘‘Comment letters on either Connecticut will control the time in manipulate market prices. side declaring that the matter is set- opposition. In fact, there are some end users who tled in their favor among respectable Mr. COURTNEY. Mr. Chairman, I think the rule should be very simple, economists is simply incorrect. The thank Mr. PETERSON and Mr. CONAWAY, that you have to take actual physical best economists on both sides of the de- with whom I did serve on the Agri- possession of the commodity in order bate concede that there is legitimate culture Committee with for a number to be able to hedge a position or engage debate afoot. This analysis paper docu- of years, and I recall well some of the in a future option. Again, the CFTC did ments that the academic debate discussion and debate as Chairman not go to that radical extreme. Again, amongst economists about the mag- Gensler appeared before the committee they tried to listen to the thousands of nitude, prevalence, and pervasiveness on article 7 of the Dodd-Frank Act. comments—Chairman Gensler, Chair- of the risk of outsized market positions Although, I didn’t author that posi- man Massad—to try to fashion a rule has reputable and legitimate standard- tion, former-Senator Dodd is a con- that allowed a healthy market but did bearers for opposing positions.’’ stituent of mine. So I guess that is not allow situations which were occur- I agree with that in full. All we are close enough to the work that was done ring during high gas and oil prices. asking the CFTC to do, Mr. Chairman, creating this section. In Connecticut, we had home heating is to do the work to prove that the spe- Again, let’s be very clear about what oil suppliers who were describing situa- cific position list they want to imple- this amendment does. It is not about tions where the price of the heating oil ment, should they believe one is need- clarifying anything. It is about strip- by the time the truck left the garage ed, that they would have to go through ping from the law article 7 of Dodd- and came back was going up 10, 15 regular order, their regular order, to Frank, which was a congressional man- cents just during that short period of make that happen. I encourage a ‘‘yes’’ date to establish position limits for time for no reason at all. There wasn’t vote on the amendment. speculative trading. like a refinery explosion or some inci- Mr. Chairman, I yield back the bal- Again, this was not done in a vacu- dent that was happening overseas. It ance of my time. um. It was done because there has been was, again, the movement on Wall The CHAIR. The question is on the an explosion of speculative trading Street of people who were profiting not amendment offered by the gentleman that is taking place in commodities from use of the commodity but, in fact, from Texas (Mr. CONAWAY). markets. We had testimony in the Con- just from the movement on the price. The question was taken; and the gress back in 2010 that it had grown That is really what CFTC has been Chair announced that the ayes ap- from 22 percent to 67 percent specula- hard at work doing. peared to have it. tion on Wall Street. Goldman Sachs— This amendment will basically shut Mr. COURTNEY. Mr. Chairman, I de- when, again, we were dealing with that down. It is not a clarification. It mand a recorded vote. close to $4 a gallon for gas—had a re- basically takes away what was Con- The CHAIR. Pursuant to clause 6 of port which said that 27 percent of that gress’ instruction to CFTC. rule XVIII, further proceedings on the price was due to speculation. So, Con- Again, I respectfully oppose this amendment offered by the gentleman gress appropriately instructed CFTC to amendment. I think we should allow from Texas will be postponed. come back with a regulatory plan to the Commission, which is going to have AMENDMENT NO. 5 OFFERED BY MR. DUFFY limit speculative positions in a reason- a Republican Chairman in a few weeks, The CHAIR. It is now in order to con- able way. to continue to work on this issue and sider amendment No. 5 printed in part Again, no one quarrels with the fact to provide protection for the true end B of House Report 115–3. that end users, whether it is farms, users, the people who actually use the Mr. DUFFY. Mr. Chairman, I have an ranchers, airlines, or businesses of all commodities, as well as consumers. amendment at the desk. sorts, should be able to exercise op- Whether it is those who get their home The CHAIR. The Clerk will designate tions in market swaps. heating oil tank full, their gas tank the amendment. full, whether it is farmers and ranchers The text of the amendment is as fol- b 1345 who are dealing with things like feed lows: In those instances, these are firms costs, we should have a healthy system Add at the end of title III the following: and businesses which actually take of making sure that individuals or SEC. 318. PROCEDURE FOR OBTAINING CERTAIN physical possession and control of the firms cannot have a dominant position INTELLECTUAL PROPERTY. commodity. Again, what Goldman in terms of controlling commodities. The Commodity Exchange Act (7 U.S.C. 1 Sachs and other analysts had dem- This is not an arcane, esoteric issue et seq.) is amended by inserting after section 4t the following: onstrated is that what has been a bur- for Americans. This affects bread-and- geoning trend is that firms were begin- ‘‘SEC. 4u. PROCEDURE FOR OBTAINING CERTAIN butter issues in terms of how much INTELLECTUAL PROPERTY. ning to take dominant position in mar- they pay for essential goods and com- ‘‘The Commission is not authorized to kets that, again, were not even close or modities for them and their families. I compel persons to produce or furnish algo- remotely involved in the actual pro- would strongly urge the Members to rithmic trading source code or similar intel- duction, processing, or use of the com- not accept this amendment. I urge a lectual property to the Commission, unless modities that were in question. ‘‘no’’ vote. the Commission first issues a subpoena.’’. So again, CFTC has begun an ardu- Mr. Chairman, I yield back the bal- The CHAIR. Pursuant to House Reso- ous, painful process of trying to craft a ance of my time. lution 40, the gentleman from Wis- rule. In fact, just a few weeks ago, on Mr. CONAWAY. Mr. Chairman, how consin (Mr. DUFFY) and a Member op- December 5, the CFTC voted unani- much time do I have remaining? posed each will control 5 minutes. mously to again move that process The CHAIR. The gentleman from The Chair recognizes the gentleman along and come up with a draft of a Texas has 11⁄2 minutes remaining. from Wisconsin. balanced, reasonable rule, so it is not a Mr. CONAWAY. Mr. Chairman, the Mr. DUFFY. Mr. Chairman, I appre- dead-end situation. CFTC prepared a draft report this past ciate the support of the gentleman As has been reported, what they basi- year. Quoting from page 142 of that from Texas and his insight in this cally were looking at was a funda- draft, it says the Masters Hypothesis, amendment. I was a prosecutor in a mental or a basic limit of roughly which my colleague—who I do have former life, and we care a lot about due about 25 percent of a commodity could great respect for—said the mere pres- process, making sure that the govern- not be controlled by one firm. The end ence of passives distorts the market- ment can’t take something from a pri- users that I spoke to, as this rule has place, that is what Masters Hypothesis vate individual just because they want been making its way, actually think said. The CFTC found there are no rep- to take it. that the CFTC is being too generous in utable economic studies which fully As an American, I know that pro- terms of allowing an individual firm to endorse this view of how the com- tecting intellectual property is a cor- control up to 25 percent of a market. I modity futures markets work. nerstone of our free enterprise system. think a lot of Americans would under- I would like to close with this com- That is why I am concerned about the stand that that kind of position really ment from another study by the chief CFTC’s rule on automated trading,

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.044 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H425 which takes the unprecedented step of ing to get at the source code. I have a Mr. LAMALFA. Mr. Chairman, I have requiring a wide array of market par- problem with that. But why is this lan- an amendment at the desk. ticipants engaged in algorithmic trad- guage in there? The CHAIR. The Clerk will designate ing to maintain a source code reposi- Would the gentleman be willing to the amendment. tory and make it available for inspec- explain to me why that is in there and The text of the amendment is as fol- tion by the CFTC or the Department of what it means? lows: Justice without a subpoena. Mr. DUFFY. Will the gentleman At the end of title III, insert the following: Now, this is highly sensitive source yield? SEC. lll. DETERMINATION OF PREDOMINANT code. This is intellectual property that Mr. PETERSON. I yield to the gen- ENGAGEMENT. helps the functionality of our market- tleman from Wisconsin. Section 2(h)(7)(C) of the Commodity Ex- place, and to think that this kind of Mr. DUFFY. I appreciate the gen- change Act (7 U.S.C. 2(h)(7)(C)), as amended tleman for yielding. sensitive data can be taken by the Fed- by section 314 of this Act, is amended by add- Again, as an American, when the ing at the end the following: eral Government without a subpoena government wants to take very secure ‘‘(v) In determining whether a person is should shock our conscience. There are intellectual property and data, we do predominantly engaged in a business or ac- times when the government should get have this belief that they should be tivity for purposes of clause (i)(VIII), there this information; but if they should able to get a subpoena to access it. shall be excluded revenues and assets that have it, they should be able to use a Again, we don’t have a disagreement are, or result from, any transaction that is entered into solely for purposes of hedging or subpoena and lay out the cause and the that the CFTC, in circumstances, we case for why they need to have it. mitigating commercial risk (as defined by want them to get access to this infor- the Commission for purposes of subpara- That is not just my only concern. mation. But the CFTC is potentially going to graph (A)(ii)).’’. Mr. PETERSON. Right. The CHAIR. Pursuant to House Reso- be taking this source code from all dif- Mr. DUFFY. But highly sensitive in- lution 40, the gentleman from Cali- ferent market players and holding it in tellectual property, we think, similar fornia (Mr. LAMALFA) and a Member a warehouse or a repository, and so we data, should require a subpoena. have a concern for hacking. It has been Mr. PETERSON. What is that intel- opposed each will control 5 minutes. a big conversation as of late. But in- lectual property that the CFTC might The Chair recognizes the gentleman stead of a foreign entity hacking in to go after? They don’t know what it is. I from California. individual companies, they just have to don’t know what it is. Is there some Mr. LAMALFA. Mr. Chairman, my hack the CFTC and they get all the reason? amendment is a simple, straight- source code. Just think of the mali- The source code is what the issue is, forward one, bringing clarity to the cious things that can happen if you right? law and relief, again, to the end users, have the source code of market play- Mr. DUFFY. If the gentleman would such as farmers, ranchers, and manu- ers, how you can disrupt it, how you yield, is the gentleman saying that if facturers that use swaps to hedge com- can take it down. It is absolutely the government just wants highly sen- mercial risks associated with their frightening. sitive and intellectual property they business, including volatile markets So I think we should have great should be able to go in and just ask for and price fluctuations on a day-to-day pause, take a little time to reflect on it and require it to be delivered? basis. This critical financial tool al- our Constitution, and continue to re- Mr. PETERSON. This isn’t the gov- lows them to do their jobs and provide spect and support due process, which ernment. It is the CFTC. It is a very products in an affordable and acces- means, if the government wants this specific part of the government. sible manner, keeping consumer costs information, they should have a sub- Mr. DUFFY. But it is the govern- low. poena, lay out their case, and that is ment. Discussing Dodd-Frank, Congress al- the avenue by which they get it, not Mr. PETERSON. Well, right. I don’t ways intended that these end users just because they want it. know what it means. They think it is should not have to clear the swaps en- Mr. Chairman, I reserve the balance problematic, and I think it is another tered to hedge these commercial risks of my time. example of where we would have been and provide the end-user exemption to Mr. PETERSON. Mr. Chairman, I better off with regular order. that end. claim the time in opposition to the I oppose the amendment. The Commodity Exchange Act de- Mr. Chairman, I yield back the bal- amendment. fines as a financial entity a person pre- ance of my time. dominantly engaged in certain finan- The CHAIR. The gentleman from Mr. DUFFY. Mr. Chairman, I just cial activities. The Fed’s rulemaking Minnesota is recognized for 5 minutes want to clarify that in the proposed when defining financial activities re- Mr. PETERSON. Mr. Chairman, this rule there is no requirement for a sub- peatedly states the rule is for the pur- amendment addresses a problem that poena. That doesn’t exist. Now, they pose of title I; therefore, bringing it in the CFTC is already well on its way to might have told you that they want to to title VII was something they did not resolving in its proposed rule on auto- reform that rule, but that is not the have in mind when issuing their defini- mated trading. It requires that the way the proposed rule stands today. tions of predominantly engaged for fi- Commission must vote to issue a sub- Again, if our government wants infor- poena to collect source code from high- mation from the private sector, we all nancial entities. Therefore, financial frequency trading firms before the believe they should have a subpoena for entities cannot rely on this end-user Commission can examine it. it, number one. exception. I support the protections for the Again, on the concern of hacking, I However, because of a catchall in the source code as intellectual property. I wrote the Chair of the CFTC and asked definition of financial entities, end know Commissioner—soon to be Chair- for additional information about how users who engage in successful hedging man, I think—Giancarlo has made this they can preserve and protect this very programs could be regarded as finan- a priority, but this amendment I think sensitive information, and, in essence, cial entities, thereby creating barriers is poorly drafted. Again, I don’t want they said: We can protect it because we and unnecessary restrictions to their to harp on this too much, but it is say we can protect it. That doesn’t give business operations. This completely something that could have been re- me great confidence. turns the concept of being an end user solved had we had a committee process Mr. Chairman, I yield back the bal- in title VII on its head. to do this bill. ance of my time. My amendment today ensures end One of the questions I have: I don’t The CHAIR. The question is on the users will not lose their ability to rely quite understand why this language is amendment offered by the gentleman on the end-user exception, which is a in the bill regarding similar intellec- from Wisconsin (Mr. DUFFY). clearing requirement due simply to the tual property. The people at the CFTC, The amendment was agreed to. position performance of a transaction they don’t know what this means, they AMENDMENT NO. 6 OFFERED BY MR. LAMALFA entered into solely to mitigate com- don’t know why you put that language The CHAIR. It is now in order to con- mercial risk. in there, and they think it is going to sider amendment No. 6 printed in part Mr. Chairman, I yield back the bal- cause a lot of problems. So we are try- B of House Report 115–3. ance of my time.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.047 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H426 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Mr. PETERSON. Mr. Chairman, I ‘‘(iv) VARIATION MARGIN REQUIREMENT.—Af- amendment rejects the bipartisan com- claim the time in opposition. filiated counterparties to an agreement, con- promise negotiated over 4 years to The Acting CHAIR (Mr. MCCLIN- tract, or transaction that meets the require- strike the right balance regarding ments of clause (i) shall exchange variation TOCK). The gentleman from Minnesota interaffiliate swaps. Indeed, Democrats margin to the extent prescribed under any is recognized for 5 minutes. rule promulgated by the Commission or any like Ms. MOORE and Republicans like Mr. PETERSON. Mr. Chair, I am not prudential regulator pursuant to section Mr. STIVERS carefully negotiated a way exactly sure why this is needed, but I 4s(e). to balance the needs of operating com- don’t have any problem with the ‘‘(v) ANTI-EVASION REQUIREMENT.—An panies like airlines and refineries. This amendment. agreement, contract, or transaction that amendment, however, would exempt I yield back the balance of my time. meets the requirements of clause (i) shall swaps between affiliates, including The Acting CHAIR. The question is not be structured to evade the Dodd-Frank megabanks like Goldman Sachs and on the amendment offered by the gen- Wall Street Reform and Consumer Protec- J.P.Morgan, from the mandatory mar- tion Act in violation of any rule promul- tleman from California (Mr. LAMALFA). gated by the Commission pursuant to section gin, clearing, trade execution, capital, The amendment was agreed to. 721(c) of such Act.’’. and every other protection under Title b 1400 The Acting CHAIR. Pursuant to VII of the Dodd-Frank Wall Street Re- form and Consumer Protection Act of AMENDMENT NO. 7 OFFERED BY MR. LUCAS House Resolution 40, the gentleman from Oklahoma (Mr. LUCAS) and a 2010. The Acting CHAIR. It is now in order While we generally agree that swaps to consider amendment No. 7 printed in Member opposed each will control 5 minutes. between affiliated corporate entities do part B of House Report 115–3. The Chair recognizes the gentleman not pose a systemic threat, we are Mr. LUCAS. Mr. Chairman, I have an from Oklahoma. deeply troubled about this desire to un- amendment at the desk. Mr. LUCAS. Mr. Chairman, I yield dermine all swaps rules and harm our The Acting CHAIR. The Clerk will myself such time as I may consume. economy. designate the amendment. Mr. Chairman, I rise today in support During testimony on a similar The text of the amendment is as fol- of the Lucas amendment to H.R. 238. version of this amendment, the CFTC’s lows: This amendment works to provide former chairman, Gary Gensler, stated At the end of title III, insert the following: much-needed relief and certainty for that such an exemption would provide SEC. lll. TREATMENT OF TRANSACTIONS BE- American companies by clarifying how a big loophole around our derivatives TWEEN AFFILIATES. the internal risk reducing transactions rules and that it would ‘‘blow a hole in Section 1a(48) of the Commodity Exchange amongst the businesses’ own affiliates Dodd-Frank.’’ Act (7 U.S.C. 1a(47)), as so redesignated by are regulated. Many businesses of all Specifically, the amendment exempts section 304(b)(1) of this Act, is amended by types and sizes in our country use de- adding at the end the following: affiliate swaps no matter where the af- rivatives to manage the risks they face ‘‘(G) TREATMENT OF TRANSACTIONS BETWEEN filiate resides. So, an affiliate could re- AFFILIATES.— within their daily operations. Inter- side in a foreign jurisdiction that lacks ‘‘(i) EXEMPTION FROM SWAP RULES.—An affiliate swaps are a commonly used any swaps regulation and share its agreement, contract, or transaction de- and effective internal risk manage- risks with a U.S. affiliate, but our reg- scribed in subparagraphs (A) through (F) ment tool these businesses rely upon. ulators would be prohibited from im- shall not be regulated as a swap under this Unfortunately, derivatives reforms posing any safeguards such as initial Act if all of the following apply with respect implemented under Dodd-Frank fail to margin or capital requirements. Why to the agreement, contract, or transaction: distinguish the difference between would we pass such a self-inflicted ‘‘(I) AFFILIATION.—1 counterparty, directly interaffiliate transactions and trans- wound? or indirectly, holds a majority ownership in- actions executed between unaffiliated terest in the other counterparty, or a third With that, Mr. Chairman, I urge all party, directly or indirectly, holds a major- third parties. Such internal trans- Members to vote ‘‘no’’ on this amend- ity ownership interest in both counterpar- actions ensure firms to centralize their ment. ties. risk management activities between I yield back the balance of my time. ‘‘(II) FINANCIAL STATEMENTS.—The affili- affiliate counterparties and do not cre- Mr. LUCAS. Mr. Chairman, I yield ated counterparty that holds the majority ate additional counterparty exposure myself the remainder of my time sim- interest in the other counterparty or the outside of a corporate group. This ply to note to my colleagues the goal third party that, directly or indirectly, holds amendment, therefore, clarifies that the majority interests in both affiliated of this amendment is to allow business interaffiliate swaps are not subject to entities to efficiently manage their counterparties, reports its financial state- the same regulatory requirements as ments on a consolidated basis under gen- risk. If that risk is managed internally erally accepted accounting principles or external, market-facing swaps between where it is no threat to third parties International Financial Reporting Stand- third parties. then they should have the ability to do ards, or other similar standards, and the fi- In addition, this amendment is con- it in the most efficient fashion. As I sistent with the CFTC’s attempts to nancial statements include the financial re- noted in my earlier comments, CFTC provide similar relief through rule ex- sults of the majority-owned affiliated has provided similar relief through rule counterparty or counterparties. ceptions and no-action letters. While exceptions and no-action letters. What ‘‘(ii) REPORTING REQUIREMENT.—If at least 1 such actions by the CFTC have pro- we are trying to do here is clarify this counterparty to an agreement, contract, or vided relief, they do not provide a situation. transaction that meets the requirements of workable, clear, and predictable set of As far as one of the previous chair- clause (i) is a swap dealer or major swap par- regulations that market participants ticipant, that counterparty shall report the men of the CFTC, while a very enthusi- agreement, contract, or transaction pursu- can effectively operate under. This amendment will keep in place astic regulator, I would note that I and ant to section 4r, within such time period as many participants down through the the Commission may by rule or regulation appropriate regulatory reforms and provide much-needed regulatory and years have disagreed with his interpre- prescribe— tations on several things. But, with ‘‘(I) to a swap data repository; or legal certainty for U.S. companies. ‘‘(II) if there is no swap data repository Please join me in supporting this need- that, I have the greatest respect for my that would accept the agreement, contract ed reform. colleague over there. This is a sincere or transaction, to the Commission . Mr. Chairman, I reserve the balance difference of opinion. ‘‘(iii) RISK MANAGEMENT REQUIREMENT.—If of my time. Mr. Chairman, I yield the remainder at least 1 counterparty to an agreement, Ms. MAXINE WATERS of California. of my time to the gentleman from contract, or transaction that meets the re- Mr. Chairman, I rise in opposition. Texas (Mr. CONAWAY) who is the chair- quirements of clause (i) is a swap dealer or The Acting CHAIR. The gentlewoman man of the full committee. major swap participant, the agreement, con- Mr. CONAWAY. Mr. Chairman, I sup- tract, or transaction shall be subject to a is recognized for 5 minutes. centralized risk management program pursu- Ms. MAXINE WATERS of California. port the gentleman’s amendment. ant to section 4s(j) that is reasonably de- Mr. Chairman, I yield myself such time I would point out that at the end of signed to monitor and to manage the risks as I may consume. his amendment is an antievasion re- associated with the agreement, contract, or Mr. Chairman, I rise in opposition to quirement which would allow the CFTC transaction. my friend Mr. LUCAS’ amendment. This to watch for the kinds of things that

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.049 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H427 the gentlewoman from California was Specifically, my amendment does positions. This is what caused the prob- worried about in which foreign mar- three things. First, it increases the lem in the first place with the financial kets might be involved and other threshold from 50 to 300 contracts per meltdown. When Lehman Brothers things. So there are, structured in the day per commodity for those market went down and we allowed them to go Lucas amendment, protections to avoid participants that need to comply with broke, it created this big panic, AIG a crafty, interaffiliate kind of cir- this rule. This will exempt low-volume didn’t know if they could cover their cumstance that she was concerned entities like grain elevators and small swaps or not, and it was going to un- about. agricultural cooperatives from the re- ravel the whole situation because these Mr. LUCAS. Mr. Chairman, I yield porting requirements for large trading firms that were trading didn’t know back the balance of my time. firms and major players in these mar- who held what and what was going on. The Acting CHAIR. The question is kets. Even with the new threshold es- That was the underlying problem. So on the amendment offered by the gen- tablished by my amendment, the CFTC what we were trying to do is get some tleman from Oklahoma (Mr. LUCAS). will still gather ownership and control understanding of where everybody was The amendment was agreed to. information on the major players and in this market. When we were doing AMENDMENT NO. 8 OFFERED BY MRS. HARTZLER midsized traders. the bill, we made it very clear, and I The Acting CHAIR. It is now in order Second, my amendment removes a put in the legislation, that end users to consider amendment No. 8 printed in small but very burdensome portion of were not covered. That shouldn’t have part B of House Report 115–3. the long list of reporting requirements been an issue. Mrs. HARTZLER. Mr. Chairman, I under the final OCR rule. My amend- The problem with this amendment is have an amendment at the desk. ment removes the natural person con- it looks like it is going to include more The Acting CHAIR. The Clerk will troller requirements which require than just that. So, I guess, again, this designate the amendment. farmer cooperatives and grain ele- is a final example in this bill of a proc- The text of the amendment is as fol- vators to report specifically personally ess moving too quickly and a lack of lows: identifiable information on individual regular order. At the end of the bill, add the following: employees. The CFTC has never re- Finally, it contains a section on for- SEC. lll. DELAY IN FULL IMPLEMENTATION OF quired such granular information for eign privacy laws that could result in THE FINAL RULE ON OWNERSHIP AND CONTROL REPORTING. many of my constituent businesses, the agencies seeing a reduced scope of The Commodity Futures Trading Commis- and such requirements are making Fu- market in their surveillance activities sion may not enforce non-compliance with tures Commission Merchants much less that may not be the intention. But, the final rule titled ‘‘Ownership and Control willing to work with small and me- again, without the chance to consider Reports, Forms 102/2S, 40/40S, and 71’’ (78 FR dium-sized entities in the countryside. this provision in regular order, we are 69178; November 18, 2013) until the Commis- Even with the small changes made by not sure, and concerns that some peo- sion votes to approve a final rule that has my amendment, the CFTC will still be ple have remain unaddressed. So this been amended to— properly equipped to track ownership could have been resolved during the (1) provide that the reportable trading vol- ume level shall be at least 300 contracts; and account control data across the process. It hasn’t been. In its present (2) provide that the reporting entity shall market. form, I oppose the amendment. not be required to provide natural person Finally, this amendment will require Mr. Chairman, I yield back the bal- controller data; and the CFTC to ensure that current regu- ance of my time. (3) provide that the reporting entity is not lations do not conflict with current Mrs. HARTZLER. Mr. Chairman, I obligated to supply data that violates for- foreign privacy laws. Having a large, yield myself the remainder of my time. eign privacy laws. open, liquid market is important to Mr. Chairman, I would remind our The Acting CHAIR. Pursuant to managing risk, and operating on an colleagues that this rule is right now House Resolution 40, the gentlewoman international basis is a valuable aspect under a no-action relief letter because from Missouri (Mrs. HARTZLER) and a of a commodity market. The CFTC it isn’t working, and that is what this Member opposed each will control 5 should be responsible for dealing with amendment does is to fix this problem. minutes. other governments on privacy con- So I believe this amendment is very The Chair recognizes the gentle- cerns. It is inappropriate to push that important. It makes a few common- woman from Missouri. burden onto the firms and customers sense changes to the OCR rule that will Mrs. HARTZLER. Mr. Chairman, I that it regulates. provide regulatory relief to farmers, rise today to offer an amendment to This amendment is supported by a agricultural cooperatives, and grain bring certainty to farmers, agricul- wide range of industry and farmers elevators while allowing the CFTC to tural cooperatives, and grain elevators groups, and I encourage my colleagues adequately regulate the futures indus- across Missouri and the country that to support my amendment to provide try. are having problems complying with relief from the regulatory burdens of So, Mr. Chairman, I urge my col- burdensome reporting requirements at this rule on small cooperatives, grain leagues to support this amendment. the CFTC. Dodd-Frank never intended elevators, and farmers who are merely I yield back the balance of my time. to regulate end users like independent hedging their legitimate market risk The Acting CHAIR. The question is grain elevators who work on behalf of and serving their customers’ interests. on the amendment offered by the gen- Missouri farmers to help manage their Mr. Chairman, I reserve the balance tlewoman from Missouri (Mrs. price risk. My amendment works to of my time. HARTZLER). correct this oversight and provide a Mr. PETERSON. Mr. Chairman, I rise The amendment was agreed to. stable environment for all players in in opposition. Mr. CONAWAY. Mr. Chairman, I the industry. The Acting CHAIR. The gentleman move that the Committee do now rise. My amendment is simple. It would from Minnesota is recognized for 5 min- The motion was agreed to. require the Commission to address utes. Accordingly, the Committee rose; three outstanding concerns to the Own- Mr. PETERSON. Mr. Chairman, this and the Speaker pro tempore (Mr. ership and Control Reports rule, better amendment contains several troubling HULTGREN) having assumed the chair, known as the OCR rule, before the drafting—some people call them—er- Mr. MCCLINTOCK, Acting Chair of the Commission can begin enforcement, rors or, I guess, questions. It prevents Committee of the Whole House on the which, by the way, the CFTC is not en- the CFTC from enforcing noncompli- state of the Union, reported that that forcing presently. This industry cur- ance with the final rule that includes Committee, having had under consider- rently is operating under a no-action more forms than were targeted. ation the bill (H.R. 238) to reauthorize relief letter, meaning the OCR rule is When we did our part of the Dodd- the Commodity Futures Trading Com- not being enforced due to the inability Frank bill, one of the things that I mission, to better protect futures cus- of the industry to meet the stringent thought was really not controversial tomers, to provide end-users with mar- requirements of the CFTC regulations. was that we were going to try to find ket certainty, to make basic reforms to That could change, and the problem out, once and for all, who owned all of ensure transparency and account- needs to be addressed. these swaps; who was on what side of ability at the Commission, to help

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.052 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H428 CONGRESSIONAL RECORD — HOUSE January 12, 2017 farmers, ranchers, and end-users man- ica’s job engine. They create nearly ess and encourage litigation against age risks, to help keep consumer costs two-thirds of all new jobs in our econ- the SEC. You will hear these same peo- low, and for other purposes, had come omy. Our economy works better for all ple say, once again, that this is some- to no resolution thereon. when small businesses can focus on cre- how dangerous. Mr. Chairman, what is f ating jobs and on serving their cus- dangerous is being ignorant of the im- tomers rather than navigating needless pact the proposed regulations will have SEC REGULATORY government red tape. on our economy and on the American ACCOUNTABILITY ACT Unfortunately, for America’s small people’s wallets before they get imple- GENERAL LEAVE businesses, bureaucratic red tape has mented. That is what is dangerous. Mr. HENSARLING. Mr. Speaker, I no better friend than the Obama ad- What is interesting, Mr. Chairman, is ask unanimous consent that all Mem- ministration. It has issued more than that Presidents, frankly, of both par- bers may have 5 legislative days in 4,400 final regulations, with an astro- ties seem to agree. Even Presidents which to revise and extend their re- nomical cost to all of us of $1 trillion. Clinton and Obama directed inde- marks and to submit extraneous mate- Just since the election on November 8, pendent agencies to engage in, essen- rial on H.R. 78, to improve the consid- the Obama administration had cyni- tially, exactly the same procedures eration by the Securities and Exchange cally issued 145 midnight regulations that H.R. 78 would make into law. Such Commission of the costs and benefits of with a cost of more than $21 billion. irony, Mr. Chairman, that some Demo- its regulations and orders. For anyone who believes that this crats will come to the floor today and The SPEAKER pro tempore. Is there doesn’t hurt our small businesses, they oppose codifying into law Clinton and objection to the request of the gen- need to listen to their constituents, be- Obama policy. Again, the irony of it tleman from Texas? cause I certainly listen to mine. I all. There was no objection. heard from a small business owner I urge all Members to join me in sup- The SPEAKER pro tempore. Pursu- named Chris, who is back in my dis- porting this bill because we must hold ant to House Resolution 40 and rule trict and who wrote me: Washington accountable to the Amer- XVIII, the Chair declares the House in We have seen wave after wave of Federal ican people. We must build a stronger, the Committee of the Whole House on regulations affect our ability to grow. The healthier economy so struggling Amer- the state of the Union for the consider- costs associated with additional reporting, icans can get back to work and achieve ation of the bill, H.R. 78. auditing, and compliance are massive. The financial independence. The Chair appoints the gentleman money spent is significant and costs jobs and Mr. Chairman, I reserve the balance from California (Mr. MCCLINTOCK) to potential jobs. of my time. preside over the Committee of the Mr. Chairman, he is exactly right. Ms. MAXINE WATERS of California. Whole. The true cost of Washington red tape Mr. Chairman, I yield myself such time cannot just be measured in dollars. The as I may consume. b 1415 true cost includes the jobs not created, Mr. Chairman, just as I opposed the IN THE COMMITTEE OF THE WHOLE the small businesses not started, and bill before us today in the previous Accordingly, the House resolved the dreams of our children not fulfilled. three Congresses, I rise in opposition to itself into the Committee of the Whole Ill-advised laws like the Dodd-Frank it now. Republicans have crafted H.R. House on the state of the Union for the Act empower unelected, unaccountable 78 to tie the hands of the Securities consideration of the bill (H.R. 78) to bureaucrats to callously hand down and Exchange Commission, the SEC, improve the consideration by the Secu- crushing regulations without ade- and to prevent it from issuing new rities and Exchange Commission of the quately considering what impact those rules to address market failures and costs and benefits of its regulations regulations have on jobs. protect investors. At the same time, and orders, with Mr. MCCLINTOCK in the As one former SEC Commissioner the bill would enable the Trump ad- chair. testified before the Financial Services ministration to easily repeal important The Clerk read the title of the bill. Committee, which I have the honor of Dodd-Frank rules by tilting the SEC’s The CHAIR. Pursuant to the rule, the chairing, these Washington elites have decisions toward what is best for indus- bill is considered read the first time. forgotten the key to sensible regula- try and, worse, what enriches the The gentleman from Texas (Mr. HEN- tion: President-elect and his cronies. SARLING) and the gentlewoman from The most appropriate regulatory solution Before I discuss H.R. 78, I think it is California (Ms. MAXINE WATERS) each should be the one that imposes the least bur- important to point out that 14 mem- will control 30 minutes. den on society while maximizing potential bers of the Financial Services Com- The Chair recognizes the gentleman benefits even if that means choosing not to mittee, as well as the millions of from Texas. regulate at all. Americans they represent, are being Mr. HENSARLING. Mr. Chairman, I Although the Securities and Ex- denied the opportunity to discuss this yield myself such time as I may con- change Commission is one of the few bill through hearings and markups. We sume. Washington agencies that engages in at are barely into the second week of this I rise in support of H.R. 78, the SEC least some base level of economic anal- Congress and the Republican leadership Regulatory Accountability Act. ysis, putting this requirement into law is completely ignoring regular order— I thank the gentlewoman from Mis- is definitely preferable to current agen- despite Speaker RYAN’s declaration souri (Mrs. WAGNER) for leading this ef- cy procedures. After all, the SEC’s re- less than a week ago of a return to reg- fort in the House. cent interest in economic analysis ular order—by skipping the committee This bill is technically about some- came only on the heels of numerous process to bring this bill to the floor; thing called economic analysis or cost- Federal courts throwing out some of but this is par for the course. benefit analysis. That may sound like its regulations because the Commission In the other Chamber, Senate Repub- Ph.D. economics, but it is really about failed to adequately take into account, lican leadership is similarly jamming kitchen table economics because, Mr. again, the true costs and benefits of its Donald Trump’s conflicted nominees Chairman, it is truly about whether we rules. through the confirmation process even are going to have a stronger economy— Passing this bill will erase any doubt before the FBI has completed back- one that creates good-paying jobs so that the Securities and Exchange Com- ground checks. And with barely 10 days that parents can afford to raise their mission must conduct sound economic until his inauguration, Donald Trump children today and these same children analysis. It must consider the impact has already given up on ‘‘draining the can have a brighter future tomorrow. of their rules on our jobs and our fam- swamp’’ and has broken his promise to It is about making sure we have an ac- ily budgets. That is what cost-benefit hold Wall Street accountable by nomi- countable government that expands analysis is all about. nating Wall Street insiders to nearly personal opportunity, not government Mr. Chairman, we may hear today every key economic and regulatory bureaucracy. from the usual suspects—the opponents post. Mr. Chairman, I think we all know of this bill—that somehow this is Let me turn back to the problems that small businesses are truly Amer- meant to hinder the rulemaking proc- with H.R. 78.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.055 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H429 During the past four Congresses, Re- the funding that they need to be the which are those that have an economic publicans have sought to increase the cops on the block. impact of over $100 million. As a result cost-benefit requirements that are re- Members of Congress just finished de- of this wave of regulations, we have lated to SEC rulemakings even though bating a bill that caps the SEC’s sister been part of the slowest economic re- the Commission is already subject to agency, the Commodity Futures Trad- covery in our lifetimes. stringent economic analysis for which ing Commission, at a woefully inad- We now have an opportunity to enact it is held accountable. Current law re- equate funding level for the next 5 policy that ensures smart regulation quires the SEC to conduct the same years, denying the CFTC the hundreds going forward so that we are doing economic analysis that is required of of millions of dollars it needs to ade- things in the best and most efficient all agencies under the Paperwork Re- quately police the swaps markets. way. The people have spoken, Mr. duction Act, the Congressional Review Further, Donald Trump has nomi- Chair. Business as usual in Washington Act, and the Regulatory Flexibility nated a lifelong defender of Wall is over and it is time to do things dif- Act. Unlike other financial regulators, Street’s to lead the SEC, which I can ferently. There is, indeed, a better way. the SEC has additional statutory re- only assume means that Trump’s SEC This legislation is really about what quirements to study how its rules af- will equally pillage the Commission’s everyday Americans do when they are fect market efficiency, competition, overworked enforcement staff to help making major life decisions in weigh- and capital formation. pay for the Republicans’ planned repeal ing the costs and the benefits, the pros Additionally, in 2012, the SEC volun- of Dodd-Frank. and the cons. Whether it is buying a tarily issued internal guidance on eco- b 1430 car, buying a home, deciding whether nomic analysis for rulemakings that to take out a loan to go to school, ev- closely follow Executive Order No. As President-elect Trump takes of- eryone must consider the core eco- 12866. Since adopting this guidance, the fice next week, beginning what is the nomic factors when making important SEC has dramatically expanded its eco- most conflicted administration in U.S. life decisions. nomic analysis capabilities, including history, I urge my colleagues to join The SEC Regulatory Accountability by increasing the staff and the budget me, investor and consumer advocates, Act places statutory requirements on of its economics division by more than public pension plans, civil rights the SEC when issuing rulemaking that 300 percent over the last 5 years. In any groups, labor unions, and supporters of ensures that, first, they identify the other reality, the SEC would be held up financial reform in opposing H.R. 78 to problem that regulation is trying to as a model of effective economic anal- ensure that the actions of Trump’s SEC address; second, they weigh the cost ysis. are in the interest of America’s eco- and benefits to ensure that the benefits When asked by Republicans in Con- nomic stability and not in Russia’s or justify costs of compliance; and third- gress to review the SEC’s analysis, the Wall Street’s interests. ly, they identify and assess whether inspector general concluded: I am amazed that the Republicans there are any available alternatives to We determined that the SEC’s use of its can be so blatant, so noncaring to come rulemaking. current guidance has been effective in incor- to us at this time with a bill that Additionally, this bill contains a pro- porating economic analysis into the rule- would basically take our cop on the vision that requires the SEC to review making process. block, the SEC, and literally obliterate its existing regulations every 5 years, H.R. 78, however, goes much, much it. I am absolutely amazed that they at the minimum, to determine whether further in radically directing the SEC have the nerve and the gall to try this any such regulations are outdated, in- to no longer be concerned with the pro- in face of everything that we already effective, or excessively burdensome, tection of investors. In fact, the only know about what they have done to as well as requiring the SEC to modify, reference to investors anywhere in the strip it of its appropriate funding. But streamline, repeal, or even to expand bill is in a provision requiring the SEC now with all of the debate and the con- regulations based on that review. to consider the impact these rules will cern about Trump and Russia and ev- As a regulator of our capital mar- have on ‘‘investor choice.’’ erything that is going on, they would kets, the SEC has an immeasurable in- The American public knows full well come here with this bill today and try fluence on our economy and the ability that ‘‘investor choice’’ is a code for in- to pull this off. of small business and entrepreneurs to dustry’s wanting to offer a menu of I reserve the balance of my time. be able to access capital in order to in- predatory products, such as subprime— Mr. HENSARLING. Mr. Chairman, I novate, grow, and most of all, create toxic—mortgages or retirement prod- am very pleased now to yield 4 minutes jobs. ucts that are designed to bankrupt low- to the gentlewoman from Missouri I strongly believe that this legisla- and middle-income Americans and line (Mrs. WAGNER), the author of the SEC tion is nonpartisan and common sense the pockets of Wall Street executives. Regulatory Accountability Act and the and what our government regulators Further suggestions that the bill is chairman of our Oversight and Inves- should have been doing in the first only codifying the cost-benefit execu- tigations Subcommittee. place. The American people deserve a tive orders are false as the bill omits Mrs. WAGNER. Mr. Chair, I thank break from the irresponsible regulation one key provision from those orders: Chairman HENSARLING, the gentleman they have grown accustom to over the the prohibition of private rights of ac- from Texas, for his leadership on this past 8 years. There is a better way. tion, which is simply the right to sue. issue and on so many regulatory re- I ask my colleagues to support this As a result, H.R. 78 provides industry form issues that we will be addressing commonsense piece of legislation and with endless avenues to sue the SEC this week and in the future. urge passage of it through the House. and, thereby, puts pressure on the reg- Mr. Chair, I am proud to sponsor and Ms. MAXINE WATERS of California. ulator to adopt the rules it wants and bring to the floor H.R. 78, the SEC Reg- Mr. Chairman, I yield 3 minutes to the to repeal everything else. What is ulatory Accountability Act. This legis- gentleman from Texas (Mr. GONZALEZ), worse, the bill is the first signal to lation fits perfectly with the theme of a new member of the Financial Serv- Wall Street that the SEC is leaving the the week here in the House to advance ices Committee. enforcement business. H.R. 78 provides key regulatory reform ideas as a Mr. GONZALEZ of Texas. Mr. Chair- no new funding for the SEC to address change of pace from the outgoing ad- man, I support the regular review of the substantial, analytic, and potential ministration. regulations to ensure that they are litigation responsibilities the bill For the past 8 years, the amount of still relevant to our ever-changing would create even though the Congres- regulatory burden that has been placed economy. sional Budget Office estimates that the on Americans and small businesses has Unfortunately, the retrospective re- analytical workload alone would cost been crushing. In 2015, Federal regula- view requirement in H.R. 78 is counter- $27 million. tion cost almost $1.9 trillion. That is productive and places heavy adminis- Let’s not fool ourselves that Repub- nearly $15,000 per household in a hidden trative burdens on the Securities and licans are going to increase the SEC’s compliance tax. Exchange Commission, an already funding. That is at the top of their The Obama administration issued overburdened and underfunded regu- agenda—kill the SEC by taking away over 600 economically significant rules, lator.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.057 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H430 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Specifically, it required the Commis- parison, what is going to be the ben- Mr. HUIZENGA. Mr. Chair, I com- sion to review all of its rules within 1 efit. mend the gentlewoman from Missouri year of an enactment, and to con- Economic analysis takes into ac- (Mrs. WAGNER) for introducing this im- stantly review its rules every 5 years count the opportunity costs of re- portant piece of legislation, which will thereafter, regardless of whether there sources employed and attempts to equip the SEC with the necessary tools is any cause for concern with a par- measure, in monetary terms, the pri- to ensure that all future SEC regula- ticular regulation. I find this appalling. vate and social costs and benefits of a tions will meet these standards with That means the Commission will project to a community, an economy, the ultimate goal of achieving the have to go back to 1934 and review or to an individual. SEC’s statutory mission of protecting every single rule, even ones industry In its simplest terms, the SEC would investors and facilitating capital for- likes and rules that have made our cap- have to determine the costs and bene- mation. ital markets the envy of the world. fits of proposed regulations, as well as I urge my colleagues on both sides of Today the SEC has a number of for- potential alternatives to determine a the aisle to support this important bill. mal and informal processes for intel- best direction forward, basically ensur- Ms. MAXINE WATERS of California. ligently identifying rules for review. ing that the SEC is thoroughly assess- Mr. Chairman, I yield myself such time For example, the Regulatory Flexi- ing both the need for the regulation as I may consume. bility Act requires the SEC to conduct and adequately evaluating the poten- Let me point out how H.R. 78 tilts a 10-year retrospective rule review, and tial consequences, both intended and their decisionmaking process toward the Paperwork Reduction Act requires unintended, and is there a benefit. Wall Street. First, let’s go back and re- periodic reviews of information collec- Mr. Chairman, requiring economic view everything the President-elect tion burdens. analysis by Federal regulators is not a said about Wall Street, and then we Under the Regulatory Flexibility partisan issue. In fact, both President can understand exactly what is being Act, the SEC publishes a plan to look Clinton and President Obama issued done here. at rules that have a significant eco- executive orders requiring regulators In August 2015, President-elect nomic impact on smaller businesses, to ensure that their rules were maxi- Trump told CBS: ‘‘The hedge fund guys mizing and achieving a net benefit. inviting public comment on the rules, didn’t build this country. These are H.R. 78, the SEC Regulatory Ac- including how it could be amended to guys that shift paper around and they countability Act, would ensure con- reduce the impact of many small busi- sistent and effective application of the get lucky. They make a fortune. They nesses within my district and certainly SEC’s economic analysis guidance by pay no tax. It’s ridiculous, okay?’’ around the country. building on the bipartisan effort to In January 2016, Trump told Iowans: In addition, the SEC has been con- strengthen economic analysis require- ‘‘I’m not going to let Wall Street get ducting several broad-based reviews of ments, as well as require a retrospec- away with murder. Wall Street has rules on its own accord related to tive review of existing regulations for caused tremendous problems for us.’’ issuer disclosure, equity market struc- independent agencies like the SEC. I repeat, he said: ‘‘Wall Street has ture, and even the definition of what Specifically, the bill would enhance caused tremendous problems for us.’’ an accredited investor is. the SEC’s existing economic analysis In February of 2016, Trump said: ‘‘I As an already cash-strapped agency, requirements by requiring the Commis- know the guys at Goldman Sachs, they the SEC, tasked with such an onerous sion to first clearly identify the nature have total control over Hillary Clin- retrospective rule review required by of the problem that would be addressed ton.’’ H.R. 78, would be forced to divert al- before issuing a new regulation—too In July of 2016, Trump tweeted: ‘‘Hil- ready scarce resources from other im- often, we are just shooting at a target lary will never reform Wall Street. She portant tasks, including policing the that we don’t even know is actually a is owned by Wall Street.’’ markets for fraud and stopping bad ac- target—and to prohibit the SEC from He also told Iowans: ‘‘I don’t care tors before they can drain the life sav- issuing a rule when it cannot make ‘‘a about the Wall Street guys. I’m not ings of investors and many retirees in reasoned determination that the bene- taking any of their money.’’ my district and around the country. fits of the intended regulation justify Now, Trump has totally betrayed his This is our seniors we are talking the costs of the regulation.’’ promise to drain the swamp. He has ap- about. Additionally, H.R. 78 would require pointed Goldman Sachs bankers to the Looking at the bill as a whole, it ap- the SEC to assess the costs and the Treasury and the National Economic pears that this is the point of the legis- benefits of available regulatory alter- Council, and his pick to head the Secu- lation: rather than have the SEC focus natives, including the alternative of rities and Exchange Commission is a on its mission to protect investors and not issuing a regulation, and choose lawyer whose career has been based support many small businesses, H.R. 78 the approach that would maximize the upon defending Wall Street, including focuses on the burdens of the financial net benefit. The SEC must also evalu- Goldman Sachs. This legislation today industry and repealing those rules. ate whether a proposed regulation is is part and parcel to that betrayal. I oppose this bill. inconsistent or incompatible or dupli- This is how you do it: cost-benefit Mr. HENSARLING. Mr. Chairman, I cative of other Federal regulations. analysis, you can attach this to any yield 3 minutes to the gentleman from In testimony before the Sub- and all monetary and financial services Michigan (Mr. HUIZENGA), the chair- committee on Capital Markets and legislation. You can attach it wherever man of our Subcommittee on Capital Government Sponsored Enterprises you would like and, thus, cause the Markets and Government Sponsored last year, former SEC Commissioner delays, cause the undermining of legis- Enterprises. Dan Gallagher noted that the SEC Reg- lation, put the SEC in the position Mr. HUIZENGA. Mr. Chair, I rise ulatory Accountability Act would where it has to defend in court, costing today in support of H.R. 78, the SEC ‘‘promote and improve economic anal- them more money that they don’t have Regulatory Accountability Act, which ysis at the SEC and make the agency because they have denied them ade- would improve and strengthen the even more accountable to the investing quate funding. SEC’s rulemaking process by requiring public.’’ He further testified that this b 1445 more rigorous economic analysis. bill ‘‘will help ensure the economic What exactly does that mean? analysis conducted by economists is This is what this is all about. How do Well, an economic analysis is quite firmly entrenched in every rulemaking we get our Wall Street friends and cro- simple, frankly. It is a systemic ap- the SEC conducts under the Federal se- nies back into the business, because proach to determine the optimum use curities laws.’’ Dodd-Frank began to deal with them of scarce resources involving compari- The Acting CHAIR (Mr. COLLINS of and to reverse some of what had been son of two or more alternatives to New York). The time of the gentleman happening for far too long. Now they achieve a specific objective under the has expired. come with this attack and they talk given assumptions and constraints. Mr. HENSARLING. Mr. Chair, I yield about cost-benefit analysis. Mr. Chair- That is a whole lot of words and jumbo. an additional 30 seconds to the gen- man, this is what they are going to use But what we need to do is make a com- tleman from Michigan. to ride their way back into making

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.058 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H431 sure that they give the protection and that the SEC conducts a cost-benefit empt from cost-benefit analysis and re- the advantages to all of their friends analysis on the rules. If that were the quires the Commission to evaluate on Wall Street. case, then no legislation would be nec- these rules as well—a good thing; Con- Mr. Trump was not about draining essary. The SEC is already required to gress doesn’t always get it right—in the swamp. He is about making sure conduct a cost-benefit analysis and has addition to identifying alternatives that there is a swamp, digging it deep- already adopted internal guidance on which might even include no rule at er and wider. economic analysis that mirrors the all, in short, using common sense. I reserve the balance of my time. exact requirements of this bill before Requiring this sort of more robust Mr. HUIZENGA. Mr. Chairman, de- us today. So the problem is not that economic analysis will also help the spite the personal attacks happening the SEC doesn’t currently conduct SEC set priorities. Chair White testi- on the floor here, I am glad to see that cost-benefit analyses or that it does it fied before our committee in the past we are making real progress. Appar- poorly; the real goal of this bill is sim- Congress that they have 50 front burn- ently, we are making an impact here. ply to give the industry more chances ers. They can’t decide what their most With that, I yield 11⁄2 minutes to the to sue the SEC on cost-benefit grounds important agenda item is. Let’s fix it, gentleman from New York (Mr. KING). when it issues rules the industry does Mr. Chairman, by passing this bill. Mr. KING of New York. Mr. Chair- not like. That is essentially the only The Acting CHAIR. The time of the gentleman has expired. man, I rise in support of H.R. 78, the thing that would change if this bill Mr. HUIZENGA. I yield the gen- SEC Regulatory Accountability Act. If were signed into law. passed, the SEC would be required to tleman an additional 30 seconds. The SEC’s cost-benefit analysis Mr. HILL. This bill will focus atten- follow President Obama’s executive would be the same, but the industry order that requires a thorough cost- tion where attention is needed to ben- would have more opportunities to sue efit investors, our capital markets, and benefit analysis of new rules and a the SEC over alleged flaws in the cost- the economy the most. H.R. 78, along comprehensive review of existing regu- benefit analysis. And the threat of a with the HALOS Act that we passed in lations. Under current law, the SEC lawsuit would force the SEC to divert the House on Tuesday, will help ensure must consider the effect of its rules on even more of its scarce resources to that the SEC regulations do not unnec- ‘‘efficiency, competition, and capital cost-benefit analysis, which would essarily impede consumer and business formation,’’ and weighing costs and delay the key reforms and undermine access to capital. benefits is necessary to meet this re- the SEC’s ability to protect investors— I thank the chairman for the time. I quirement. their core mission. appreciate Mrs. WAGNER for her work Cost-benefit analysis is not a new So I urge my colleagues to oppose on this bill. idea. Agencies have done this kind of this bill, as they have in three previous Mrs. CAROLYN B. MALONEY of New analysis for over 30 years. In fact, it is votes before this body. York. Mr. Chairman, I enter into the a bipartisan idea. In 1981, President I reserve the balance of my time. RECORD the following letters of opposi- Reagan issued an executive order re- Mr. HUIZENGA. Mr. Chairman, I tion to H.R. 78 signed by the Consumer quiring Cabinet-level agencies to en- yield 2 minutes to the gentleman from Federation of America, Americans for gage in cost-benefit analysis, which Arkansas (Mr. HILL), the whip of our Financial Reform, the California State President Clinton expanded with an- Financial Services Committee. Teachers’ Retirement System, and the other executive order in 1993. Mr. HILL. Mr. Chairman, I thank the Council of Institutional Investors. Unfortunately, independent agencies gentleman from Michigan for yielding These institutions represent various are not subject to executive orders and me the time. groups such as investors, consumers, those regulated by the SEC have suf- Today I rise in support of H.R. 78, the public pension plans, labor unions, and fered as a result. From 2005 to 2012, SEC Regulatory Accountability Act. communities of color. One can cut the hyperbole on the SEC regulations were overturned con- CONSUMER FEDERATION sistently by the courts for inadequate other side of the aisle with a knife OF AMERICA, economic analysis and unjustified today because we are not here talking January 10, 2017. costs. While the SEC has taken steps to about gutting enforcement. We are not VOTE NO ON H.R. 78, THE ‘‘SEC REGULATORY improve its rulemaking process, H.R. here talking about exceptionally bene- ACCOUNTABILITY ACT’’—BILL WOULD PARA- 78 will ensure that future rules maxi- fiting Wall Street operators. What we LYZE THE AGENCY’S ABILITY TO PROTECT IN- mize economic benefit and companies are talking about is enhancing the VESTORS AND PROMOTE MARKET INTEGRITY do not face unnecessary hurdles when SEC’s cost-benefit process. DEAR REPRESENTATIVE: This week the they access our capital markets. Demo- The Commission has made many House is expected to vote on H.R. 78, the crats and Republicans often do not positive strides toward its economic ‘‘SEC Regulatory Accountability Act.’’ The bill imposes burdensome new rulemaking re- agree on policy, but I hope we can analysis in the past few years. This bill quirements that would prevent the agency agree on the need for a fair, trans- will enhance their efforts at ranking from responding in a timely manner either parent, and informed process. and providing resources to the rules to emerging threats in the marketplace or to I thank my distinguished colleague that will in fact provide investor pro- industry requests for guidance or legal inter- for introducing this vital legislation. tection and provide efficient, competi- pretations. As such, it threatens to under- Ms. MAXINE WATERS of California. tive U.S. markets. Too many of their mine the stability and integrity essential to Mr. Chairman, I yield the balance of resources have been deviated on wild healthy capital markets, with harmful con- my time to the gentlewoman from New goose hunts related to the Dodd-Frank sequences for investors, capital formation, and the overall economy. I am writing on be- York (Mrs. CAROLYN B. MALONEY). mandates. half of the Consumer Federation of America Mrs. CAROLYN B. MALONEY of New During this same time, we have expe- to urge you to vote no when the bill is York. Mr. Chairman, I thank the gen- rienced a sharp decline in initial public brought to the floor for a vote. tlewoman for yielding me the time. offerings and public companies gen- The bill is being promoted as a measure to Mr. Chairman, I rise in strong opposi- erally. Largely, in my view, that is as enhance cost-benefit analysis at the Securi- tion to H.R. 78, the SEC Regulatory Ac- a result of the regulatory burden and ties and Exchange Commission (SEC). And, countability Act. This bill would re- in that regard, certain of the bill’s require- the costs associated with being a public ments are relatively benign, such as the re- quire the SEC to do an absurd amount company. This should be a concern to quirements that the agency discuss the na- of time-consuming, duplicative cost- every Member of this body. ture and scope of the problem it is intending benefit analysis before they can even This bill would make the SEC’s rule- to solve when it engages in rulemaking, propose a rule. This is the fourth time, making process more accountable by carefully analyze available alternatives, and Mr. Chairman, that we are voting on enhancing its cost-benefit analysis re- consider the costs of the various alternatives this partisan bill because the previous quirements and would require the Com- as well as their relative effectiveness in de- three times the bill has been rejected mission to revisit its rules after imple- termining on a course of action. But these are things the SEC already does, having by the Senate and President Obama mentation to ensure they are actually learned the painful lesson that failure to do has strongly opposed it. achieving their intended purposes. so can result in its rules’ being overturned in But let’s be clear about what this bill This bill does away with the notion court. Indeed, both the Government Ac- is not about. It is not about ensuring that congressional mandates are ex- countability Office and the SEC’s Office of

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the Inspector General have in recent years economic analysis in recent years, this legis- CALIFORNIA STATE TEACHERS’ praised the agency for the extent and quality lation would impose a host of unworkable RETIREMENT SYSTEM, of its cost-benefit analysis. bureaucratic and administrative require- January 10, 2017. Other of the bill’s provisions are far more ments on the agency. While they are justi- Re H.R. 78—SEC Regulatory Accountability harmful. The following are among the most fied using the rhetoric of ‘‘cost benefit anal- Act. serious problems with this legislation: ysis’’, these requirements appear designed Hon. JEB HENSARLING, It requires the agency to adopt, not the not to improve SEC economic analysis but most cost-effective regulatory approach, but Chairman, House Committee on Financial Serv- instead to make create major new barriers to ices, Washington, DC. the least burdensome approach. As such, it effective agency action. prioritizes minimizing regulatory costs over Hon. MAXINE WATERS, promoting regulatory effectiveness. The most prominent new requirement Ranking Member, House Committee on Finan- The bill requires the agency to consider a would mandate that the SEC identify every cial Services, Washington, DC. number of specific factors in assessing regu- ‘‘available alternative’’ to a proposed regula- DEAR CHAIRMAN HENSARLING AND RANKING lations, including their effect on efficiency, tion or agency action and quantitatively MEMBER WATERS: I am writing on behalf of competition, and capital formation as well measure the costs and benefits of each such the California State Teachers’ Retirement as investor choice, market liquidity, and alternative prior to taking action. Since System (CalSTRS) to express our concerns small business. Not included are any specific there are always numerous possible alter- regarding the SEC Regulatory Account- requirement to assess their impact on inves- natives to any course of action, this require- ability Act—H.R. 78. tor protection or market integrity, stability, ment alone could force the agency to com- CalSTRS’ mission is to secure the financial and transparency. plete dozens of additional analyses before future and sustain the trust of California’s If the Conunission fails to address concerns passing a rule or guidance. Placing this man- educators. We serve the investment and re- raised by ‘‘industry groups’’ related to costs date in statute will also provide near-infinite tirement interests of more than 914,000 plan and benefits, it must explain its reasons. opportunities for Wall Street lawsuits aimed participants. CalSTRS is the largest educa- There is no comparable requirement to ex- at halting or reversing SEC actions, and tor only pension fund in the world, with a plain any decision not to address investor would be a gift to litigators who work on global investment portfolio valued at ap- concerns. such anti-government lawsuits. No matter proximately $193 billion as of November 30, It imposes these burdensome new require- how much effort the SEC devotes to justi- 2016. We have a vested interest in ensuring ments, not just on regulations, but also on fying its actions, the question of whether the shareholder protections are safeguarded agency orders, interpretations, and other agency has identified all possible alter- within the U.S. Securities and Exchange statements of general applicability ‘‘that the natives to a chosen action, and has properly Commission’s (SEC) rules and regulations, agency intends to have the force and effect measured the costs and benefits of each such and thereby are keenly interested in the of law.’’ Firms seeking a timely response alternative, will always remain open to de- rules and regulations that govern the securi- from the agency staff on issues important to bate. ties market. CalSTRS fully supports the their business are likely to face significant mission of the SEC, which is to protect in- delays if the legislation is enacted. Like other agencies, the SEC is already re- vestors, maintain fair, orderly and efficient It requires the agency to engage in a con- quired to conduct economic analyses under markets, promote competition and facilitate stant retrospective review of all its regula- the Paperwork Reduction Act, the Congres- capital formation. tions every five years, regardless of whether sional Review Act, and the Regulatory Flexi- As a long-term shareholder, and fiduciary there is any cause for concern with a par- bility Act. Unlike all other financial regu- to California’s teachers, we believe it is vital ticular regulation. Since the bill doesn’t in- lators, the SEC also has additional statutory to avoid unnecessary regulatory costs that clude any new funding authorization to pro- requirements to examine how each rules af- could obstruct the efficiency of the capital vide for this review, and Congress has been fect market efficiency, competition, and cap- markets and the economy. CalSTRS relies highly reluctant to provide funding increases ital formation. The SEC has also issued bind- heavily on the SEC shareholder protections commensurate with the agency’s workload, ing internal guidance on economic analysis in allocating capital on behalf of California the inevitable result is that the agency will for rulemakings that closely follows Execu- teachers. However, CalSTRS is unclear on be forced to take resources away from other tive Order 12866 and OMB Circular A–4, and how the provisions of H.R. 78 would improve more important regulatory priorities to fund has more than tripled its spending on eco- the cost-effectiveness of the SEC rulemaking this generally meaningless exercise. nomic and risk analysis since 2012. process with the addition of these cum- While a reasonable and balanced analysis Despite these already existing commit- bersome, unnecessary and seemingly dupli- of costs and benefits can promote effective ments to economic analysis, this proposal cative steps. As you know the Office of In- rulemaking, this legislation goes far beyond would load the agency with a crushing bur- spector General, Office of Audits (OIG) issued what is reasonable or balanced. It would tie den of additional administrative burdens a report, Use of the Current Guidance on the SEC in procedural knots, keep its focus under the rubric of ‘‘cost-benefit analysis’’. Economic Analysis in SEC Rulemakings, which provided six recommendations to on an endless review of existing rules rather In addition to the enormous task of identi- strengthen the SEC’s economic analysis than emerging issues, provide endless fying and analyzing every available alter- process. The report by the OIG found in its grounds for legal challenge, causing a serious native to a course of action, the agency sample review that the SEC ‘‘followed the drain on agency resources, and undermine would be required to perform half a dozen spirit and intent of the Current Guidance as the agency’s focus on its central mission of new analyses in addition to its current re- well as . . . justification for the rule, consid- protecting investors and promoting market quirements concerning market efficiency, integrity and stability. Indeed, the bill ered alternatives and integrated the eco- competition, and capital formation. These would exacerbate rather than ameliorate the nomic analysis into the rulemaking proc- new requirements include analyses of effects most serious short-comings in the agency’s ess.’’ The proposed ‘‘SEC Regulatory Ac- on small business, market liquidity, state current regulatory process—its inability to countability Act’’ requires the SEC to ad- and local government, investor choice, and complete rulemakings regarding pressing dress any industry’s or consumer group’s ‘‘market participants’’. Notably, no new re- issues in a timely manner. concerns on the potential costs or benefits in For these reasons, we urge you to vote quirements concerning the protection of in- its final rule, including an explanation of ‘‘No’’ when H.R. 78, the ‘‘SEC Regulatory Ac- vestors or preventing another financial crash any changes that were made in response to countability Act,’’ is brought to the floor for are included. these concerns and if not incorporated, rea- a vote. The only ‘‘accountability’’ this legis- This legislation also requires the SEC to sons why. lation promotes, is the SEC’s accountability review every single regulation in effect with- Since this report, the Division of Economic to the firms it is supposed to regulate rather in one year after the passage of this Act, and and Risk Analysis (DERA) at the SEC has than the investors it is supposed to protect. again every five years thereafter, with an devoted considerable resources to integrate Respectfully submitted, eye to weakening or eliminating such regu- the six recommendations, having already ad- BARBARA ROPER, lations. This will be an enormous drain on dressed what is being proposed in the ‘‘SEC Director of Investor Protection. SEC resources and a distraction from ad- Regulatory Accountability Act.’’ We fully dressing emerging issues in our ever more endorse the SEC’s current process, which en- AFR AMERICANS FOR complex financial markets. sures a robust cost benefit analysis in FINANCIAL REFORM, rulemakings. The SEC, DERA and Office of This legislation is transparently an effort Washington, DC, January 12, 2017. the General Counsel are highly committed to to paralyze the SEC and to empower Wall DEAR REPRESENTATIVE: On behalf of Ameri- a cost effective rulemaking process as evi- Street lawyers to overturn its decisions, not cans for Financial Reform, we are writing to denced by the current diligent economic to improve its analysis or decision making. express our opposition to HR 78, the ‘‘SEC analysis in the SEC proposed and final We urge you to reject it. Regulatory Accountability Act’’t6espite the rulemakings. fact that the Securities and Exchange Com- Thank you for your consideration. For The proposed amendments to Section 23 of mission (SEC) is already subject to more more information please contact AFR’s Pol- the Securities Exchange Act of 1934 through stringent economic analysis requirements icy Director, Marcus Stanley. H.R. 78 are unnecessary as DERA currently than any other Federal financial regulator, Sincerely, fulfills the actions outlined in this bill. We and has greatly increased its investment in AMERICANS FOR FINANCIAL REFORM. believe H.R. 78 is redundant and unneeded

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.026 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H433 with the steps already taken by the SEC in reasonably measure, combine and compare This would effectively paralyze the SEC their economic analysis processes. Also the balance of all costs and benefits of its from issuing any new rules, leaving inves- alarming is that H.R. 78 is being brought di- proposals consistent with its mandate to tors, customers and our markets unpro- rectly to the House Floor for action without protect investors. As explained by Professor tected. any consideration or vetting by the Com- Craig M. Lewis, former chief economist and Not just new regulations would be im- mittee on Financial Services. CalSTRS does director of the SEC’s Division of Economic pacted; long-established, decades-old rules not support circumventing the vetting proc- and Risk Analysis: ‘‘[W]ith regard to inves- that have kept the markets operating effec- ess with an immediate vote, bypassing com- tor protection, the Commission is often un- tively for years would also be in jeopardy. prehensive safeguards. If this this bill is able to reasonably quantify the related bene- H.R. 78 requires the SEC to review every reg- pushed through an immediate vote, we are fits or costs.’’ ulation on its books within one year, and re- concerned important rulemakings to en- H.R. 78, if adopted, would impose upon the peat the exercise every five years. Because hance investor protection will cease at the SEC a costly, time consuming and incom- H.R. 78 does not provide additional funding SEC, thereby impacting shareholder protec- plete analysis in which the Commission for the SEC, it is inevitable that these re- tions and the mission of the SEC. would be hard pressed to determine that the quirements would overwhelm the agency, We respectfully ask that our views be en- benefits of a proposal or rule ‘‘justify the which would have to divert its already lim- tered into the record. We would be happy to costs of the regulation.’’ As a result, we be- ited resources away from policing Wall discuss our perspective on this issue with lieve the provisions of H.R. 78 would unnec- Street to endlessly reviewing rules. you or your staff at your convenience. essarily impede the ability of the SEC to Although H.R. 78 requires the SEC to con- Thank you for your consideration. issue proposals in furtherance of its mission sider a rule’s impact on the financial indus- Sincerely, to protect investors—the element of its mis- try, there is no such requirement for the JACK EHNES, sion that, in our view, is most critical to SEC to consider its benefits to the public. Chief Executive Officer. maintaining and enhancing a fair and effi- H.R. 78 does not explain why the SEC should cient capital market system consistent with weigh a rule’s costs to the industry more COUNCIL OF INSTITUTIONAL INVESTORS, economic growth. than it weighs its benefits to the American January 11, 2017. H.R. 78 SHOULD BE SUBJECT TO A PUBLIC taxpayer. Hon. PAUL D. RYAN, HEARING Importantly, the SEC already does exten- House of Representatives, sive economic analyses of its rules. Former Washington, DC. Finally, as indicated, it is not clear to us how the provisions of H.R. 78 would improve SEC Chairman Mary Schapiro testified be- Hon. NANCY PELOSI, fore Congress that ‘‘The SEC’s substantive House of Representatives, the cost-effectiveness of SEC rulemaking or benefit long-term investors, the capital mar- rule releases include more extensive eco- Washington, DC. nomic analysis than those of any other fed- DEAR MR. SPEAKER AND MINORITY LEADER kets or the overall economy. Moreover, we eral financial regulator.’’ Independent re- PELOSI: I am writing on behalf of the Council believe it is unlikely that the House could views by the Government Accountability Of- of Institutional Investors (CII). CII is a non- demonstrate that the benefits to investors of fice and the SEC’s Inspector General con- profit, nonpartisan association of public, cor- H.R. 78 justify the costs of implementing the porate and union employee benefit funds, bill. In that regard, perhaps before the House cluded the SEC’s economic analyses were of and other employee benefit plans, founda- votes on H.R. 78, the committee of jurisdic- a high standard and appropriately ‘‘reflected tions and endowments with combined assets tion; the House Committee on Financial statutory requirements to consider certain under management exceeding $3 trillion. Our Services (including its fourteen new mem- types of benefits and costs.’’ member funds include major long-term bers) should conduct a public hearing on the As noted by the Council of Institutional shareowners with a duty to protect the re- bill. The hearing might include testimony Investors, requiring SEC to do cost-benefit tirement savings of millions of workers and from the SEC, investors, and other knowl- analyses like those proposed in H.R. 78 would their families. Our associate members in- edgeable market participants about, among ‘‘undermine effective investor safeguards’’ clude a range of asset managers with more other issues, the potential costs and benefits and ‘‘paralyze the [SEC’s] regulatory activi- than $20 trillion in assets under manage- of the proposed legislation. ties.’’ Former SEC Chairman Arthur Levitt ment. We would respectfully request that you op- said these efforts were attempts by Congress The purpose of this letter is to express our pose the passage of H.R. 78. to ‘‘emasculate’’ independent agencies like opposition to H.R. 78, which we understand is Thank you for consideration of our views. the SEC ‘‘under the false guise of moderniza- likely to be considered on the floor of the If we can answer any questions or provide tion.’’ In an article entitled ‘‘The Trojan U.S. House of Representatives (House). additional information on this important Horse of Cost Benefit Analysis,’’ John Kemp, As an association of long-term matter, please do not hesitate to contact me. a market analyst at Reuters, said bills like shareowners interested in maximizing long- Sincerely, H.R. 78 ‘‘are not really about cost benefit term share value, CII believes it is ‘‘vital to JEFF MAHONEY, analysis at all. . . . The standard they seek avoid unnecessary regulatory costs.’’ How- General Counsel. to enforce would be impossible to meet.’’ ever, it is not clear to us how the provisions 115th Congress —January 2017 of H.R. 78 would improve the cost-effective- BETTER MARKETS Mrs. CAROLYN B. MALONEY of New ness of the U.S. Securities and Exchange FACT SHEET ON H.R. 78, THE SEC REGULATORY Commission’s (SEC or Commission) existing ACCOUNTABILITY ACT York. Mr. Chairman, I yield 4 minutes thorough rulemaking process or somehow H.R. 78 amends the Securities Exchange to the distinguished gentleman from benefit long-term investors, the capital mar- Act of 1934 and requires the Securities and Texas (Mr. AL GREEN), a member of the kets or the overall economy. Exchange Commission (SEC) to follow bur- Financial Services Committee. SEC’S EXISTING ECONOMIC ANALYSIS IS densome new procedures before it issues any Mr. Al GREEN of Texas. Mr. Chair- EXTENSIVE new rules. man, I thank the gentlewoman for The Commission’s rulemaking process is The SEC is the federal agency responsible yielding. already governed by a number of legal re- for protecting investors and markets by reg- I am absolutely amazed this legisla- quirements, including those under the fed- ulating securities professionals and much of eral securities laws, the Administrative Pro- the financial industry, including most of the tion has progressed to this point. This cedure Act, the Paperwork Reduction Act of activities on Wall Street. H.R. 78 would im- is not a panacea. This is not legislation 1980, the Small Business Regulatory Enforce- pose significant new and onerous require- that will prevent some harm being ment Fairness Act of 1996 and the Regu- ments on the SEC, which would make it done to mom-and-pops. This is about latory Flexibility Act. Moreover, under the much more difficult to effectively regulate Wall Street. This is about multi- federal securities laws, the SEC is generally Wall Street and protect investors and our million-dollar corporations. It is not required to consider whether its rulemakings markets. unusual here for those who would ben- are in the public interest and will protect in- Specifically, H.R. 78 requires the SEC to efit from the use of those who live on vestors and promote efficiency, competition undertake extensive cost-benefit analyses of and capital formation. every proposed rule, and requires the SEC, Main Street, they would benefit from it Since the 1980s, the Commission has con- before even proposing a new regulation, to by saying that the bill is for Main ducted, to the extent possible, an analysis of first identify every ‘‘available alternative’’— Street when in fact it is for Wall the costs and benefits of its proposed rules. an impossible standard to meet—and to then Street. The SEC has further enhanced the economic explain why each of those alternatives was This bill should properly be labeled analysis of its rulemaking process in recent insufficient. Not only would this bog down the bill that the SEC rulings would years. That process is far more extensive the agency with endless analysis of all possi- than that of any other federal financial regu- come under stagnation, litigation, and bilities, but it would also result in endless decimation as a result of, because the lator. litigation as industry participants sue to H.R. 78 WOULD UNNECESSARILY IMPEDE THE SEC overturn rules they don’t like; industry way the bill is worded, there will be FROM PROTECTING INVESTORS would only have to assert that the SEC much litigation, and that litigation The provisions of H.R. 78 create a false and hadn’t considered some alleged ‘‘available al- will tie the SEC up in court for many misleading expectation that the SEC can ternative’’ for the rule to be thrown out. years. That will create the stagnation

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.028 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H434 CONGRESSIONAL RECORD — HOUSE January 12, 2017 which will cause the SEC to be ineffec- thank the gentlewoman from Missouri in favor of sound policymaking criteria tive; and, as a result, the SEC, in terms (Mrs. WAGNER) for championing this and support Mrs. WAGNER’s important of its rulemaking, will be decimated. important legislation. legislation. Let’s talk for a moment about a cost- Those of us who were in Congress last Mrs. CAROLYN B. MALONEY of New benefit analysis. That is a very simple year will remember the leadership of York. Mr. Chairman, I yield myself formula that can be used if you want to Scott Garrett in ensuring our financial such time as I may consume. refinance your home and you want to regulators, especially the SEC, make I would like to share with my col- get a different interest rate over a dif- use of robust cost-benefit analysis leagues and the American public how ferent period of time. All of the num- while imposing rules on businesses and American organizations that work day bers associated with it are quantifi- the American people. in and day out to fight to protect in- able. But if you want to do cost-benefit That is why this bill was reported vestors, consumers, minorities, work- analysis in terms of fraud prevention, from the Financial Services Committee ers, and pension plans view this bill. the prevention of fraud is not quantifi- with bipartisan support in the 114th The director of investor protection of able; it is not knowable. Congress and has consistently received the Consumer Federation of America Bernie Madoff made off with approxi- votes from both sides of the aisle in the states: ‘‘This legislation goes far be- mately $64 billion, and in so doing, he past. yond what is reasonable or balanced perpetrated one of the biggest frauds Policymaking can be tough. There and, indeed, the bill would exacerbate, ever perpetrated on the United States are always dozens of pros and cons that rather than end the most serious short- of America, the American people. If we need to be considered. Every good idea, comings in the agency’s current regu- had a regulation in place to prevent even those with the best of intentions, latory process, its inability to com- that fraud that Bernie Madoff per- likely have minor drawbacks. However, plete rulemaking regarding pressing petrated, there would be no way of the idea of ensuring benefits exceed the issues in a timely manner.’’ knowing that he would have per- costs should not be a partisan one. We The general counsel of Council of In- petrated the $64 billion fraud. You are simply saying that our govern- stitutional Investors stated: ‘‘We be- can’t quantify legislation that prevents ment’s policies should do more good lieve the provisions of H.R. 78 would the fraud. than harm. unnecessarily impede the ability of the If we had legislation in place to pre- You might be surprised to hear that SEC to issue proposals in furtherance vent the downturn in 2008, that would the SEC’s Inspector General has issued of its mission, its mission to protect have prevented the 327s, the 228s, the a report expressing several concerns investors.’’ teaser rates that coincided with pre- about the quality of the SEC’s eco- Finally, the Americans for Financial payment penalties, the no-doc loans. If nomic analysis. It found none of the Reform stated: ‘‘This legislation is we had regulations in place to prevent rulemaking it examined attempted to transparently an effort to paralyze the it, then we would never have known quantify either benefits or costs other SEC and to empower Wall Street law- the harm it would have caused the than information collection costs. yers to overturn its decisions and sue economy. However, our job creators and inves- and not to improve its analysis or deci- That is what this bill will do. It will tors know the scope of the potential sionmaking process.’’ put the SEC in a position such that it cost is far broader than this. I urge my colleagues to heed these cannot produce the rules to prevent the That is exactly what the SEC Regu- warnings and to really hear what these fraud that we can never measure. It is latory Accountability Act does. It representatives of the public are say- not knowable how much fraud will be strengthens the cost-benefit analysis ing; and I urge them to vote ‘‘no’’ on prevented by the rules that the SEC at a key regulator overseeing our fi- the underlying bill. promotes and produces. nancial markets. Mr. Chairman, I reserve the balance This legislation also does not allow While the SEC has some existing of my time. the SEC to move at the speed of inno- cost-benefit-related policies put forth Mr. HUIZENGA. Mr. Chairman, may vation. Innovation moves quickly. The by its staff, this bill would strengthen I inquire as to what is the balance of SEC has to be able to produce rules to those requirements and ensure that the time remaining on each side? match the speed of innovation. This is they are codified so that we can be cer- The Acting CHAIR. The gentleman why it was difficult to do something tain that future generations benefit from Michigan has 101⁄4 minutes re- about what was happening to the econ- from prudent rulemaking. maining. The gentlewoman from New omy leading up to 2008. We didn’t have It would also subject the SEC to Ex- York has 61⁄2 minutes remaining. the speed necessary, and now we are ecutive Orders 12866 and 13563 issued by Mr. HUIZENGA. Mr. Chairman, I going to put a further burden on the Presidents Clinton and Obama. yield 2 minutes to the gentleman from SEC such that the SEC won’t be able to Oddly enough, some have even made Florida (Mr. ROSS). respond to these new products that are the argument that rules promulgated Mr. ROSS. Mr. Chairman, I thank my coming on the market. And make no by the SEC should not be subject to good friend from Michigan (Mr. mistake, they will come on the mar- cost-benefit analysis if they were man- HUIZENGA). ket. dated by Congress. I don’t know where I rise today in support of my good The stock market crash of 1929 was they got this idea, but it is a chilling friend from Missouri (Mrs. WAGNER’s) something that rules and regulations reminder that Congress must do more legislation, H.R. 78, the SEC Regu- could have prevented. They were not to ensure that the SEC avoids politi- latory Accountability Act. there. They put them in place. Glass- cally motivated rulemaking that dis- The American people have grown Steagall was one of them. It took 66 regards the foundations of sound pol- tired of unaccountable and unelected years, but they got Glass-Steagall. I icy. Washington bureaucrats bringing for- don’t know how long it is going to take In testimony before the committee ward burdensome regulations without them, but they intend to get Dodd- last year, Dan Gallagher, a former Re- fully considering the effect on families Frank. This is the first step in the di- publican SEC Commissioner, noted the in our districts. rection of making Dodd-Frank impo- CEO pay ratio disclosure rule as a This simple and straightforward leg- tent. prime example of agency lawyers tak- islation would enact a statutory re- Mr. HUIZENGA. Mr. Chairman, at ing advantage of loopholes in the cost- quirement for the SEC to outline en- this time I yield 3 minutes to the gen- benefit analysis rules and imposing sig- hanced economic analysis require- tleman from Illinois (Mr. HULTGREN), nificant burdens on public companies. ments for any new regulations before the vice chairman of the Capital Mar- This could become a slippery slope if they can be enacted. It also requires a kets Subcommittee. not stopped by Congress. review of existing regulations to deter- We have an opportunity today to pro- mine if they are unduly burdensome or b 1500 tect our capital markets, investors, duplicative. Mr. HULTGREN. Mr. Chairman, I and job creators by ensuring that the Accountability. The impact of bur- rise today to speak in support of the SEC is doing less harm than good. I densome regulations that lack a thor- SEC Regulatory Accountability Act. I would urge all of my colleagues to vote ough vetting by the SEC can have an

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.062 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H435 untold effect across our entire econ- It has been an issue in the United The export-import banks of our com- omy. States. I would like to make the point petitors are supported by those coun- Court cases, Government Account- that, with respect to looking at eco- tries five times more than what we do ability Office reports, and the SEC’s nomic analysis and making certain here in America. In fact, the ability of own Office of Inspector General have that it is bipartisan, I think there is a the Export-Import Bank to even oper- raised important questions and rec- way to make certain it is objective. ate, even though it makes money and ommended improvements to various As I look at the underlying text and has succeeded in building up American components of the SEC’s economic then look at the amendment that we exports, has been hamstrung by the analysis in its rulemaking. are accepting, we should reflect on leadership of my good friends and col- This legislation would go further by this. We are going to have the SEC leagues on the other side of the aisle. prohibiting the SEC from issuing a rule here look at both the protection of in- In recognition of the Bank’s success when it cannot make a reasoned deter- vestors and the effects to ensure com- and supporting U.S. jobs over the past mination that the benefits of the in- petition and efficiency. So I would ex- 80 years, in December of 2015 the House tended regulation justify the cost of plain to the Members that adding that and the Senate voted with over- the regulation. Logic and reason. into what I already thought was pretty whelming majorities to reauthorize the In closing, I support this good-gov- exacting rules here in terms of an ob- Export-Import Bank. Despite this ernment, commonsense legislation in- jective analysis should really succeed broad support, the Bank has remained troduced by Chair WAGNER. The SEC in our attempt here. hamstrung because, with three empty Regulatory Accountability Act will And what is the attempt in this Reg- seats on its five-member board, the take an important step in preventing ulatory Accountability Act? Bank lacks the quorum it needs in the SEC from implementing a regula- It is to make sure that the U.S. cap- order to approve transactions over $10 tion before understanding its full im- ital markets are unmatched in terms of million. pact on our economy and on the fami- their size, their depth, their resiliency, Although President Obama nomi- lies in our congressional districts and and transparency. And this Regulatory nated two individuals to serve on the across the country. Accountability Act gives the Commis- Ex-Im’s bipartisan board, the Senate Mrs. CAROLYN B. MALONEY of New sion the opportunity to ensure that its Republican leadership refused to con- York. Mr. Chairman, I yield myself rules and regulations, past and present, sider them, and Ex-Im’s board remains such time as I may consume. each of those are worth pursuing when without a quorum. They can not ap- My Republican colleagues, regret- measured against their economic costs. prove these exports. I think it is a na- tably, want to impose cost-benefit Growing access to capital, protecting tional scandal. analysis that tilts towards industry investors, preserving the world’s Indeed, it has been more than 18 costs because they know something strongest capital markets are not mu- months since the Export-Import that they don’t want the American tually exclusive objectives here. Bank’s board was last able to consider people to know. An impartial cost-ben- The Acting CHAIR. The time of the transactions, which has limited its efit analysis of Wall Street reform gentleman has expired. ability to ensure U.S. workers and rules would inevitably demonstrate Mr. HUIZENGA. I yield the gen- businesses of all sizes are able to com- how wildly beneficial such rules are to tleman an additional 15 seconds. pete around the world for contracts, as the U.S. economy and to the lives of Mr. ROYCE of California. And here is well as support jobs for the many small everyday Americans. what I would like to point out. The Eu- businesses that contribute to the sup- Earlier this week, the bipartisan ropean Union clearly recognizes this ply chains for these high-value exports. think tank, Third Way, found that conundrum right now. They are Dodd-Frank’s bank capital rules will launching a call for evidence to inves- b 1515 add $351 billion—as in B, billion—to the tigate the unintended consequences In fact, the bank currently has 50 U.S. economy over the next 10 years. created by their regulatory framework transactions in its pipeline valued at This report presents a cost-benefit because they are searching for balance nearly $40 billion, which, if approved, analysis that shows that, while lending in this, too, to make sure that they would support more than 100,000 Amer- becomes slightly more expensive when have retrospective examination. ican high-skill and high-wage jobs. I in- banks are required to maintain higher It is prudent. Frankly, as the effec- tend to bring this to the attention of capital levels, the benefits of miti- tiveness of regulation is measured by the President-elect. gating another financial crisis greatly outcomes rather than volume in a situ- So, as we talk today about how these exceed any costs. This report is one of ation like this, it drives us toward effi- Republican bills will create American many which Republicans intentionally ciency in the market. jobs, I think it is important that we ignore. Mrs. CAROLYN B. MALONEY of New look at the GOP’s full record on job Reducing the likelihood of another York. Mr. Chairman, I yield myself creation or, might I say in this case, financial crisis does not come without such time as I may consume. job prevention. As their record shows, cost, but the costs are worth it. Let us I want to point out that with Dodd- Republican leaders have been all too not forget the widespread human suf- Frank and the reforms that the Demo- willing to let U.S. jobs slip away to our fering that has been felt across this Na- crats put in place, our economy bound- foreign competitors. tion because of the financial crisis. The ed back faster and stronger than all of Until Congress restores Ex-Im to full 2008 financial crisis destroyed 8.7 mil- Europe. And I must say that one of the functionality, U.S. companies selling lion American jobs, wiped out $2.8 tril- areas that we need to work on, where expensive capital goods such as air- lion in retirement savings of ordinary we are falling behind in our economy, craft, locomotives, nuclear reactors, Americans, and led to the foreclosure, is exports. We need to support exports. and turbines will remain at a unique the loss—15 million Americans lost Despite all the talk that we hear competitive disadvantage because their their homes due to financial mis- from Republicans about enacting poli- foreign competitors all enjoy ample fi- management in this country. cies that support jobs and job creation, nancing from their home-country ex- If those aren’t significant costs for and the slew of tweets from the Presi- port credit agencies—enough to easily policymakers to consider, then what dent-elect discouraging American com- knock U.S. companies out of the com- else is? panies from moving U.S. jobs over- petition. This is unfair. Mr. Chairman, I reserve the balance seas—and I support his efforts to stop We cannot compete and win in the of my time. our companies from going overseas— global economy unless we support our Mr. HUIZENGA. Mr. Chairman, I one proven job creator has remained on businesses. We will lose global market yield 11⁄2 minutes to the gentleman the sidelines, and that is the U.S. Ex- share in key sectors such as the sat- from California (Mr. ROYCE), the chair- port-Import Bank. This Bank has ellite industry, aerospace, and tele- man of the House Foreign Affairs Com- played a critical role in opening up communications. We will lose tens of mittee. international markets to U.S. export- thousands of jobs as some of the big- Mr. ROYCE of California. Mr. Chair- ers, which, in turn, helps create and gest U.S. exports suffer declining over- man, this has been an issue in Europe. preserve jobs here in America. seas sales, and, eventually, some of

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.063 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H436 CONGRESSIONAL RECORD — HOUSE January 12, 2017 these companies would be forced to cial system and the regulatory process. Mr. BUDD. Mr. Chairman, the debate move jobs to where export credit is This legislation is a vote of confidence over financial regulation is not just still available. We have seen this re- that, with the appropriate tools and a about more versus less. It is also about ported in the news daily where they are data-driven approach, our regulatory the idea that financial liberty and per- moving to our competitors. agencies can create a framework of sonal liberty are connected, and they So, in short, we need to support the safety and soundness that does not un- have been for most of history. Export-Import Bank. We need to not duly burden our economy. This goes back to the Middle Ages, hamstring the SEC by requiring it to I am happy to lend my support to when widespread use of a bill of ex- have unnecessary, time-consuming, du- this bill and encourage my colleagues change—basically, a check—made it plicative rules that are already in to support this commonsense measure. much more difficult for government to place and that allow people to sue I, again, thank the gentlewoman from wrongly take people’s wealth. That de- them more easily. Missouri for her efforts on this legisla- velopment was one of the first building Mr. Chairman, I urge my colleagues tion. blocks of limited government. on both sides of the aisle who care, as Mr. HUIZENGA. Mr. Chairman, I Now, today, we see a similar prin- President-elect Trump does, about job yield 2 minutes to the gentleman from ciple at work in global capital. Like creation to be opposed to this bill. Georgia (Mr. LOUDERMILK). the bill of exchange placing gold or sil- Mr. Chair, I yield back the balance of Mr. LOUDERMILK. Mr. Chairman, I ver out of the reach of government, the my time. thank the gentleman for yielding. connected global economy allows cap- Mr. HUIZENGA. Mr. Chairman, may Mr. Chairman, Americans have heard ital to flow away from harsh regula- I inquire as to the balance of the time time and time again over the last 8 tion. Countries that get it right are the remaining? years that our economy is in the slow- ones that win. The Acting CHAIR. The gentleman est recovery since World War II. Why? There are a number of statistics that from Michigan has 7 minutes remain- It is because unelected bureaucrats by- suggest that we are getting the short ing. The gentlewoman from New York’s pass this body of Congress and contin- end of the stick in this arena. We are time has expired. ually push out hundreds of burdensome losing our financial competitiveness. regulations onto American families Mr. HUIZENGA. Mr. Chairman, at For example, nearly 10 percent of for- who are struggling just to get by. this time, I do not intend to yield to eign companies left the New York The onslaught of regulations by this the gentlewoman from New York, even administration has proven to kill jobs, Stock Exchange this year, almost dou- though I struggle to understand how shut down businesses, and stifle our ble the historic average. Finally, from the Export-Import Bank had anything economic growth. But now it is time to 2010 to 2016, the United States slipped to do with what we are talking about make good on our promise to make a from 6th to 11th in the Index of Eco- here today. brighter future for Americans and nomic Freedom. Mr. Chairman, I yield 2 minutes to begin to turn this Nation around. While this problem has a number of the gentleman from Colorado (Mr. TIP- Just as the American people expect causes, the Securities and Exchange TON), a member of the Financial Serv- us to know what it is in a bill before we Commission Regulatory Account- ices Committee. vote on it, it is equally important to ability Act will help improve our eco- Mr. TIPTON. Mr. Chairman, the SEC know what is in a regulation. nomic competitiveness by requiring Regulatory Accountability Act sub- Most Federal agencies are required to that the SEC put its regulations jects the SEC to enhanced cost-benefit conduct a thorough cost-benefit anal- through a strong cost-benefit analysis analysis requirements and requires a ysis of each regulation before finalizing and review regulations that are just review of existing regulations. it. But this isn’t always the case for plain outdated. By promoting economic analysis re- the Securities and Exchange Commis- I urge a ‘‘yes’’ vote. quirements during the regulatory proc- sion. While the SEC is subject to some Mr. HUIZENGA. Mr. Chairman, I ess, this bill ensures that regulation cost-benefit requirements when a new yield myself the balance of my time. writing is data driven and not done on regulation could have an overbearing I would just like to point out to an ad hoc basis with little thought to impact on our marketplaces, they are those watching on TV the earlier Dem- the true impact the expanding regu- exempt from having to identify alter- ocrat-sponsored hot air portion of the latory net has on businesses and the native policies. bill today. economy. I rise today in support of the SEC You heard about the Export-Import It is a mistake for regulators over- Regulatory Accountability Act because Bank. You heard about Bernie Madoff. seeing our financial system and the it will require the SEC to follow its You heard about the Dodd-Frank Act capital markets, including the SEC, to own core principle of disclosure that it, being the only answer to an economic promulgate regulations without fully in itself, enforces on the securities in- crisis that was caused by a housing cri- considering the costs and benefits, as dustry in this Nation. This bill would sis which, by the way, the Dodd-Frank well as all of the available regulatory require the SEC to disclose all the Act did nothing about. By the way, on alternatives. costs and benefits of each proposed reg- the Bernie Madoff situation, the SEC This bill also takes the commonsense ulation to the public. ignored a whistleblower for 10 years. approach of requiring the SEC to We must not allow regulatory agen- This bill has nothing to do with evaluate whether a proposed regulation cies to be a roadblock to job creation fraud, and it is not about a trial of the is inconsistent with, or duplicative of, by failing to consider the impact pro- effectiveness or lack thereof of the SEC other Federal regulations. When our posed rules would have on our securi- today. This is about a commonsense businesses are being overwhelmed by ties market. Additionally, this bill re- notion that we ought to actually iden- compliance obligations that demand quires the SEC to clearly identify the tify the target that these rules are try- more and more time and resources, it nature of the issue before establishing ing to hit and then find out if it is the is crucial that our regulators do every- a new regulation. right target and analyze that. thing in their power to ensure that reg- Mr. Chairman, our economy cannot What you see on the other side of the ulations are effective, streamlined, and flourish without healthy capital mar- aisle is the philosophy that more is nonduplicative to minimize impact. kets. We must hold regulatory agencies better: the more regulation that the It is important to note that this leg- to strict standards, just as they do the SEC has, the more paperwork, a bigger islation does not limit the SEC’s rule- businesses they regulate across this budget with more employees. We are making authority in any capacity. The Nation. This bill takes meaningful not sure what their effectiveness is, bill appropriately strengthens the steps toward achieving these goals, and and we are not sure what exactly they SEC’s existing cost-benefit-related re- I urge my colleagues to vote ‘‘yes.’’ are trying to achieve here, but all we quirements to ensure that the true im- Mr. HUIZENGA. Mr. Chairman, I can tell you is that more is better. pact of regulations can be calculated. yield 11⁄2 minutes to the gentleman Damn the costs; it doesn’t matter. To advocate for the status quo and from North Carolina (Mr. BUDD), a new That is, obviously, not the intent against this legislation shows a funda- member of the Financial Services Com- that we have on this side of the aisle. mental misunderstanding of the finan- mittee. We are trying to make sure that the

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We are trying to make sure that of regulations; and PORT.—The Chief Economist shall submit the the three parts of the SEC’s mandate, ‘‘(iii) evaluate whether the regulation is completed assessment report to the Commis- of which one of those is capital forma- inconsistent, incompatible, or duplicative of sion no later than 2 years after the publica- other Federal regulations. tion of the adopting release, unless the Com- tion and creating a robust atmosphere, ‘‘(B) ADDITIONAL CONSIDERATIONS.—In addi- mission, at the request of the Chief Econo- are actually happening. tion, in making a reasoned determination of mist, has published at least 90 days before I urge passage of the bill. the costs and benefits of a potential regula- such date a notice in the Federal Register Mr. Chairman, I yield back the bal- tion, the Commission shall, to the extent extending the date and providing specific ance of my time. that each is relevant to the particular pro- reasons why an extension is necessary. With- The Acting CHAIR. All time for gen- posed regulation, take into consideration the in 7 days after submission to the Commission eral debate has expired. impact of the regulation on— of the final assessment report, it shall be Pursuant to the rule, the bill shall be ‘‘(i) investor choice; published in the Federal Register for notice considered for amendment under the 5- ‘‘(ii) market liquidity in the securities and comment. Any material modification of markets; and the plan, as necessary to assess unforeseen minute rule and shall be considered as aspects or consequences of the regulation, read. ‘‘(iii) small businesses. ‘‘(3) EXPLANATION AND COMMENTS.—The shall be promptly published in the Federal The text of the bill is as follows: Commission shall explain in its final rule the Register for notice and comment. H.R. 78 nature of comments that it received, includ- ‘‘(iii) DATA COLLECTION NOT SUBJECT TO NO- TICE AND COMMENT REQUIREMENTS.—If the Be it enacted by the Senate and House of Rep- ing those from the industry or consumer Commission has published its assessment resentatives of the United States of America in groups concerning the potential costs or ben- plan for notice and comment, specifying the Congress assembled, efits of the proposed rule or proposed rule data to be collected and method of collec- SECTION 1. SHORT TITLE. change, and shall provide a response to those comments in its final rule, including an ex- tion, at least 30 days prior to adoption of a This Act may be cited as the ‘‘SEC Regu- final regulation or amendment, such collec- latory Accountability Act’’. planation of any changes that were made in response to those comments and the reasons tion of data shall not be subject to the notice SEC. 2. CONSIDERATION BY THE SECURITIES that the Commission did not incorporate and comment requirements in section 3506(c) AND EXCHANGE COMMISSION OF of title 44, United States Code (commonly re- THE COSTS AND BENEFITS OF ITS those industry group concerns related to the REGULATIONS AND CERTAIN OTHER potential costs or benefits in the final rule. ferred to as the Paperwork Reduction Act). AGENCY ACTIONS. ‘‘(4) REVIEW OF EXISTING REGULATIONS.— Any material modifications of the plan that Section 23 of the Securities Exchange Act Not later than 1 year after the date of enact- require collection of data not previously pub- of 1934 (15 U.S.C. 78w) is amended by adding ment of the SEC Regulatory Accountability lished for notice and comment shall also be at the end the following: Act, and every 5 years thereafter, the Com- exempt from such requirements if the Com- ‘‘(e) CONSIDERATION OF COSTS AND BENE- mission shall review its regulations to deter- mission has published notice for comment in FITS.— mine whether any such regulations are out- the Federal Register of the additional data ‘‘(1) IN GENERAL.—Before issuing a regula- moded, ineffective, insufficient, or exces- to be collected, at least 30 days prior to initi- tion under the securities laws, as defined in sively burdensome, and shall modify, ation of data collection. section 3(a), the Commission shall— streamline, expand, or repeal them in ac- ‘‘(iv) FINAL ACTION.—Not later than 180 ‘‘(A) clearly identify the nature and source cordance with such review. In reviewing any days after publication of the assessment re- of the problem that the proposed regulation regulation (including, notwithstanding para- port in the Federal Register, the Commission is designed to address, as well as assess the graph (6), a regulation issued in accordance shall issue for notice and comment a pro- significance of that problem, to enable as- with formal rulemaking provisions) that sub- posal to amend or rescind the regulation, or sessment of whether any new regulation is jects issuers with a public float of $250,000,000 publish a notice that the Commission has de- warranted; or less to the attestation and reporting re- termined that no action will be taken on the ‘‘(B) utilize the Chief Economist to assess quirements of section 404(b) of the Sarbanes- regulation. Such a notice will be deemed a the costs and benefits, both qualitative and Oxley Act of 2002 (15 U.S.C. 7262(b)), the Com- final agency action. quantitative, of the intended regulation and mission shall specifically take into account ‘‘(6) COVERED REGULATIONS AND OTHER propose or adopt a regulation only on a rea- the large burden of such regulation when AGENCY ACTIONS.—Solely as used in this sub- soned determination that the benefits of the compared to the benefit of such regulation. section, the term ‘regulation’— intended regulation justify the costs of the ‘‘(5) POST-ADOPTION IMPACT ASSESSMENT.— ‘‘(A) means an agency statement of general regulation; ‘‘(A) IN GENERAL.—Whenever the Commis- applicability and future effect that is de- ‘‘(C) identify and assess available alter- sion adopts or amends a regulation des- signed to implement, interpret, or prescribe natives to the regulation that were consid- ignated as a ‘major rule’ within the meaning law or policy or to describe the procedure or ered, including modification of an existing of section 804(2) of title 5, United States practice requirements of an agency, includ- regulation, together with an explanation of Code, it shall state, in its adopting release, ing rules, orders of general applicability, in- why the regulation meets the regulatory ob- the following: terpretive releases, and other statements of jectives more effectively than the alter- ‘‘(i) The purposes and intended con- general applicability that the agency intends natives; and sequences of the regulation. to have the force and effect of law; and ‘‘(D) ensure that any regulation is acces- ‘‘(ii) Appropriate post-implementation ‘‘(B) does not include— sible, consistent, written in plain language, quantitative and qualitative metrics to ‘‘(i) a regulation issued in accordance with and easy to understand and shall measure, measure the economic impact of the regula- the formal rulemaking provisions of section and seek to improve, the actual results of tion and to measure the extent to which the 556 or 557 of title 5, United States Code; regulatory requirements. regulation has accomplished the stated pur- ‘‘(ii) a regulation that is limited to agency ‘‘(2) CONSIDERATIONS AND ACTIONS.— poses. organization, management, or personnel ‘‘(A) REQUIRED ACTIONS.—In deciding ‘‘(iii) The assessment plan that will be matters; whether and how to regulate, the Commis- used, consistent with the requirements of ‘‘(iii) a regulation promulgated pursuant to sion shall assess the costs and benefits of subparagraph (B) and under the supervision statutory authority that expressly prohibits available regulatory alternatives, including of the Chief Economist of the Commission, compliance with this provision; and the alternative of not regulating, and choose to assess whether the regulation has ‘‘(iv) a regulation that is certified by the the approach that maximizes net benefits. achieved the stated purposes. agency to be an emergency action, if such Specifically, the Commission shall— ‘‘(iv) Any unintended or negative con- certification is published in the Federal Reg- ‘‘(i) consistent with the requirements of sequences that the Commission foresees may ister.’’. section 3(f) (15 U.S.C. 78c(f)), section 2(b) of result from the regulation. SEC. 3. SENSE OF CONGRESS RELATING TO the Securities Act of 1933 (15 U.S.C. 77b(b)), ‘‘(B) REQUIREMENTS OF ASSESSMENT PLAN OTHER REGULATORY ENTITIES. section 202(c) of the Investment Advisers Act AND REPORT.— It is the sense of the Congress that the of 1940 (15 U.S.C. 80b–2(c)), and section 2(c) of ‘‘(i) REQUIREMENTS OF PLAN.—The assess- Public Company Accounting Oversight Board the Investment Company Act of 1940 (15 ment plan required under this paragraph should also follow the requirements of sec- U.S.C. 80a–2(c)), consider whether the rule- shall consider the costs, benefits, and in- tion 23(e) of such Act, as added by this title. making will promote efficiency, competi- tended and unintended consequences of the SEC. 4. ACCOUNTABILITY PROVISION RELATING tion, and capital formation; regulation. The plan shall specify the data to TO OTHER REGULATORY ENTITIES. ‘‘(ii) evaluate whether, consistent with ob- be collected, the methods for collection and A rule adopted by the Municipal Securities taining regulatory objectives, the regulation analysis of the data and a date for comple- Rulemaking Board or any national securities is tailored to impose the least burden on so- tion of the assessment. The assessment plan association registered under section 15A of ciety, including market participants, indi- shall include an analysis of any jobs added or the Securities Exchange Act of 1934 (15 viduals, businesses of differing sizes, and lost as a result of the regulation, differen- U.S.C. 78o–3) shall not take effect unless the other entities (including State and local gov- tiating between public and private sector Securities and Exchange Commission deter- ernmental entities), taking into account, to jobs. mines that, in adopting such rule, the Board

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.066 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H438 CONGRESSIONAL RECORD — HOUSE January 12, 2017 or association has complied with the require- the words on the actual bill say. There interest. I think this amendment ought ments of section 23(e) of such Act, as added seems to be some confusion with my to be supported. by section 2, in the same manner as is re- colleagues on the other side as to Mr. Chairman, I reserve the balance quired by the Commission under such section whether or not this is a mom-and-pop of my time. 23(e). bill. Mr. HUIZENGA. Mr. Chairman, I The Acting CHAIR. No amendment The bill itself says, ‘‘A bill to im- claim the time in opposition to this to the bill shall be in order except prove the consideration by the Securi- amendment. those printed in part A of House Report ties and Exchange Commission of the The Acting CHAIR (Mr. PALMER). 115–3. Each such amendment may be of- cost and benefits of its regulations and The gentleman from Michigan is recog- fered only in the order printed in the orders.’’ nized for 5 minutes. report, by a Member designated in the The Securities and Exchange Com- Mr. HUIZENGA. Mr. Chairman, I feel report, shall be considered read, shall mission deals with Wall Street, deals compelled to point out to my col- be debatable for the time specified in with megabusinesses. This is not about leagues that we are not paid by the the report, equally divided and con- a mom-and-pop store. This is not about word that is put into the Federal Reg- trolled by the proponent and an oppo- the small business in the neighborhood. ister. I think, once again, you are hear- nent, shall not be subject to amend- This is about megabusinesses desiring ing this example of more is better. It ment, and shall not be subject to a de- to have access to markets without the doesn’t matter what the words say, mand for division of the question. regulations necessary to protect inves- just let’s have more of them. AMENDMENT NO. 1 OFFERED BY MR. AL GREEN tors. We already have the SEC Chairman OF TEXAS This bill, if it passes, will place the and the Commissioners covered by both The Acting CHAIR. It is now in order SEC in a mission impossible position governmentwide ethics laws and regu- to consider amendment No. 1 printed in because it will be impossible for the lations as well as SEC supplemental part A of House Report 115–3. SEC to do what it needs to do to pro- ethics regulations which apply to all Mr. AL GREEN of Texas. Mr. Chair- mote regulations that will prevent SEC employees. For example, they can- man, I have an amendment at the desk fraud. Either litigation will stop them not participate personally and substan- as the designee of the gentlewoman or they won’t be able to define and tially in any matter that would have from California (Ms. MAXINE WATERS). quantify the benefits associated with direct or predictable effect on his or The Acting CHAIR. The Clerk will regulation that can prevent fraud. her financial interests or imputed fi- designate the amendment. A good example has been presented, nancial interests in the future, as re- The text of the amendment is as fol- but some things bear repeating. If we quired under the code. lows: had produced regulations that would Also, unless they are specifically au- Page 3, line 3, strike ‘‘and’’. have prevented Bernie Madoff from thorized by the SEC’s ethics counsel, Page 3, line 8, strike the period and insert robbing the country of $64 billion, we they should recuse from any matter in ‘‘; and’’. wouldn’t have known it, we couldn’t which he or she has a ‘‘covered rela- Page 3, after line 8, insert the following: quantify it, because it wasn’t tionship.’’ Well, what is a covered rela- ‘‘(E) in consultation with the Office of Eth- tionship? Well, a covered relationship ics Counsel of the Commission, identify any knowable. former nongovernmental employer of a Com- This bill puts the SEC in a position includes former employees, clients, and missioner, Director, Deputy Director, Asso- of having to do that which is not even a spouse’s employer. Further, the ciate Director, or Assistant Director that knowable because it would prevent SEC employees must report their fi- would receive direct or indirect benefit from fraud. nancial holdings to the SEC’s ethics a rule or regulation, analyze the benefits to counsel; and this requirement goes be- b 1530 such employer, and whether the regulation yond, frankly, the governmentwide re- should be amended to address any potential Now, having said this, the Waters porting requirement. conflict of interest or appearance of a con- amendment will at least allow us to Finally, the SEC Chairman or a Com- flict of interest.’’. curtail some of the conflicts of interest missioner must not engage in any Page 6, after line 5, insert the following: that can take place by persons who will ‘‘(5) CONFLICTS OF INTEREST.—The Commis- other business, employment, or voca- sion shall identify the employers of any come from some entity that works tion while in office; nor may he or she Commissioners, Directors, Deputy Directors, with persons on Wall Street or when ever use the power of their office to in- Associate Directors, and Assistant Directors they leave, go to an entity that works fluence their name to promote the who have left the Commission within five with Wall Street. Our regulators ought business interests of others, as required years of the scheduled adoption of the final not be able to take their rules and reg- by law. rule, and whether such employers receive di- ulations to companies and businesses As such, I ask my colleagues to join rect or indirect benefits, and whether the that will impact Wall Street after they me in opposing this amendment. Commission should amend the rule to ad- leave or impact their businesses once dress the identified conflict of interest.’’. Mr. Chairman, I reserve the balance Page 7, line 19, insert after the period the they are on Wall Street. of my time. following: ‘‘The assessment plan shall also This amendment that the Honorable Mr. AL GREEN of Texas. Mr. Chair- include an analysis of whether and how any MAXINE WATERS has presented would man, how much time do I have remain- former nongovernmental employer of a Com- cause the SEC to identify, analyze, and ing? missioner, Director, Deputy Director, Asso- address potential conflicts of interest The Acting CHAIR. The gentleman ciate Director, or Assistant Director, or the in its proposed rules, and it would go from Texas has 1 minute remaining. current employer of a former Commissioner, on to make sure that persons who work Mr. AL GREEN of Texas. Mr. Chair- Director, Deputy Director, Associate Direc- for the SEC do not create conflicts of man, let me say this in my 1 minute. It tor, or Assistant Director who departed the Commission within five years of the sched- interest. appears that the other side believes uled adoption of the regulation, directly and We live in a world where it is not that nothing is better because that is indirectly benefits from the regulation, and enough for things to be right; they what this bill would cause the SEC to a recommendation as to whether such regu- must also look right. It doesn’t look produce—nothing. It would stagnate lation should be amended to address the right for these Wall Street types, the the SEC. It would place the SEC in liti- identified conflict of interest.’’. persons from Goldman Sachs and re- gation. It would literally decimate the The Acting CHAIR. Pursuant to lated industries who will come to Wall SEC because you cannot quantify bills House Resolution 40, the gentleman Street, take jobs, and promote rules or regulations that will prevent fraud. from Texas (Mr. AL GREEN) and a Mem- that benefit their former employers, You can’t quantify it. I have given you ber opposed each will control 5 min- nor does it look right for them to the example. utes. produce rules that will benefit employ- I know the public is listening. You The Chair recognizes the gentleman ers that they will go to when they need to weigh in on this, members of from Texas. leave Wall Street. the public, because this is not about Mr. AL GREEN of Texas. Mr. Chair- That is what this amendment will mom-and-pops. It is about man, I think it appropriate to point prevent. It is simple. It is not com- megacorporations. This piece of legis- out what the style of this bill is, what plicated, and it deals with conflicts of lation that Ms. WATERS offers at least

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.022 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H439 will deal with conflicts of interest be- ensure the SEC fulfills one of its core sion to: number one, protect investors; yond the person who happens to work mission functions—protecting inves- number two, maintain fair, orderly, with the SEC, which is what has been tors. and efficient markets; and, number addressed. It will deal with conflicts of As Members of Congress, we must three, facilitate capital formation. interest as they relate to the busi- never forget the lessons of the financial I would like to ask my colleagues to nesses that they will go to or the busi- crisis and the Great Recession. Ameri- join me in supporting the amendment nesses that they have left. cans lost $14 trillion, suffering sharp and the underlying bill. Mr. Chairman, I yield back the bal- declines in retirement savings, pension Mr. Chairman, I reserve the balance ance of my time. funds, and overall wealth. This was of my time. Mr. HUIZENGA. Mr. Chairman, I will due, in part, to being pushed into ab- Ms. VELA´ ZQUEZ. Mr. Chairman, I wrap up here by simply saying that the stract and sophisticated financial prod- yield myself such time as I may con- bill before us today is intending to ucts and securities that they knew lit- sume. clarify—or have the SEC, I should say, tle or nothing about. I want to thank the gentleman and clarify what the goal and objective is I was here in 2008, Mr. Chairman. I Chairman HENSARLING for working of their proposed rule. Let’s find out listened to the people. I heard their with me on this important amendment. what they are trying to do, and then, stories. Unfortunately, for many of I urge Members to vote ‘‘yes,’’ which is more importantly, find out if it is actu- them, the financial crisis and the Great a vote to protect average, ordinary ally effective. Recession caused deep and lasting American investors. There might be a rule in place al- harm. Many may never recover. Mr. Chairman, I yield back the bal- ready somewhere else. The other side is I proudly supported the Dodd-Frank ance of my time. trying to strike that provision. They Act and believe the SEC has imple- Mr. HUIZENGA. Mr. Chairman, I are trying to say: No. No. It doesn’t mented many regulations that will yield back the balance of my time. matter what the other hand of govern- guard against another financial crisis The Acting CHAIR. The question is ment is saying. We are going to just and help preserve the financial future on the amendment offered by the gen- add more and more regulation added of American families for generations to tlewoman from New York (Ms. on. come. For these reasons, I am con- VELA´ ZQUEZ). We need to have a clear under- cerned the regulatory reviews required The amendment was agreed to. standing of what the objective is, what by the underlying bill do not properly AMENDMENT NO. 3 OFFERED BY MR. AL GREEN the target is, and whether it is an ef- account for investor protection. OF TEXAS fective rule to get to that point. I just To that end, my amendment ensures The Acting CHAIR. It is now in order would encourage my colleagues to op- the SEC does more than just consider to consider amendment No. 3 printed in pose the Waters-Green amendment. how a proposed regulation will impact part A of House Report 115–3. Mr. Chairman, I yield back the bal- businesses. It expressly instructs the Mr. AL GREEN of Texas. Mr. Chair, I ance of my time. SEC to weigh the safeguards of inves- The Acting CHAIR. The question is have an amendment at the desk. tors when changing a rule or regula- on the amendment offered by the gen- The Acting CHAIR. The Clerk will tion. My amendment instructs the SEC designate the amendment. tleman from Texas (Mr. AL GREEN). to continue focusing on investor pro- The question was taken; and the Act- The text of the amendment is as fol- tection not only when drafting new ing Chair announced that the noes ap- lows: rules but also when reviewing existing peared to have it. Page 10, line 16, strike ‘‘and’’. Mr. AL GREEN of Texas. Mr. Chair- regulations. Let me be clear: it is vi- Page 10, line 20, strike the first period and man, I demand a recorded vote. tally important that this language be all that follows and insert ‘‘; and’’. The Acting CHAIR. Pursuant to included to ensure investors’ needs do Page 10, after line 20, insert the following: ‘‘(iv) a regulation promulgated to maintain clause 6 of rule XVIII, further pro- not take a backseat to industry con- cerns. or support U.S. financial stability or prevent ceedings on the amendment offered by or reduce systemic risk.’’. the gentleman from Texas will be post- We must never go back to the days The Acting CHAIR. Pursuant to poned. leading up to the crisis, Mr. Chairman. House Resolution 40, the gentleman AMENDMENT NO. 2 OFFERED BY MS. VELA´ ZQUEZ By simply instructing the SEC to take from Texas (Mr. AL GREEN) and a Mem- The Acting CHAIR. It is now in order into account investor protections when ber opposed each will control 5 min- to consider amendment No. 2 printed in reviewing and considering new or exist- utes. part A of House Report 115–3. ing regulations, my amendment helps The Chair recognizes the gentleman Ms. VELA´ ZQUEZ. Mr. Chairman, I ensure the safeguards we put in place from Texas. have an amendment at the desk. under the Dodd-Frank Act are pre- The Acting CHAIR. The Clerk will served. This will mean retirement sav- Mr. AL GREEN of Texas. Mr. Chair, designate the amendment. ings and household wealth are more se- this amendment would exclude from The text of the amendment is as fol- cure, and we are not once again risking this bill regulations that would pro- lows: deep and lasting harm to our economy mote financial stability and prevent or Page 4, line 1, insert after ‘‘making’’ the and financial markets. For these rea- reduce systemic risk. I have indicated following: ‘‘, in addition to being in the in- sons, I urge the adoption of my amend- previously that we are concerned about terest of protecting investors,’’. ment. the bill’s unintended consequence—I Page 5, line 21, insert after the period the Mr. Chairman, I reserve the balance don’t think that my colleagues are following: ‘‘Whenever pursuant to this para- of my time. doing this with malice aforethought— graph the Commission is engaged in a re- Mr. HUIZENGA. Mr. Chairman, I ask the unintended consequence of stag- view, it shall consider whether an action is nating the SEC to the point that it necessary or appropriate in the public inter- unanimous consent to claim the time est, the protection of investors, and whether in opposition to this amendment, cannot produce regulations that will the action will promote efficiency, competi- though I am not opposed. prevent fraud. Nowhere in the bill does tion, and capital formation.’’. The Acting CHAIR. Is there objection it exempt regulation that will prevent The Acting CHAIR. Pursuant to to the request of the gentleman from fraud. House Resolution 40, the gentlewoman Michigan? I believe that this will help us be- from New York (Ms. VELA´ ZQUEZ) and a There was no objection. cause the bill needs to allow the SEC Member opposed each will control 5 The Acting CHAIR. The gentleman the ability to move at the speed of in- minutes. from Michigan is recognized for 5 min- novation. These products are coming The Chair recognizes the gentle- utes. on the market. The best way for the woman from New York. Mr. HUIZENGA. Mr. Chairman, I am SEC to be able to react to them effica- Ms. VELA´ ZQUEZ. Mr. Chairman, I prepared to accept the amendment and ciously would be for the SEC to have yield myself such time as I may con- support its immediate passage. I want rulemaking authority at the same sume. to thank the sponsor for working with speed of the innovation. Mr. Chairman, my amendment is us to draft the language that is con- I hope that we won’t allow the SEC simple and straightforward. It will help sistent with the SEC’s tripartite mis- to be bogged down with a cost-benefit

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.070 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H440 CONGRESSIONAL RECORD — HOUSE January 12, 2017 analysis that is impossible to produce tleblower approached the SEC and the People who are viewing this at home and that, when produced, will produce SEC, using its dollars, was not able to should become very much concerned litigation. Again, I think this is a rea- stop him. about the direction that we are headed soned, thoughtful amendment. I trust Mr. AL GREEN of Texas. Reclaiming in. This is a new Congress and here we that it will be adopted. my time, Mr. Chairman, it does have to are currently trying to emasculate the Mr. Chair, I reserve the balance of do—you are trying to divert us from SEC by putting it in a position such my time the actual problem, which is regula- that it cannot produce rules to pro- Mr. HUIZENGA. Mr. Chairman, I tions that can prevent fraud. tecting investors; by requiring it to claim the time in opposition to this How do you propose to quantify in know the unknowable; to know that a amendment. dollars and cents regulations that will rule that you are putting in place to The Acting CHAIR. The gentleman prevent fraud when the fraud that can prevent fraud has a quantifiable dollar from Michigan is recognized for 5 min- be perpetrated is not knowable? amount that you can produce so that utes. I yield to the gentleman from Michi- you can measure that against the cost Mr. HUIZENGA. Mr. Chairman, I just gan. of producing the rule. find it a bit ironic that the other side Mr. HUIZENGA. I appreciate the gen- Mr. Chairman, this amendment that is not interested in doing this cost-ben- tleman yielding. Working together on I propose would benefit the SEC and in- efit analysis which is in the underlying the Financial Services Committee, we vestors. bill here because it is too burdensome. know that there are actuarial tables Mr. Chair, I yield back the balance of But what do they want to do? They and analyze risk all the time. You are my time. want to add more paperwork and more able to analyze fraud. Mr. HUIZENGA. Mr. Chairman, I burden in their amendments. Mr. AL GREEN of Texas. Reclaiming would just like to point out to all of Despite what you have heard, the my time, there is no way for anyone to my colleagues and to the American SEC is not a systemic risk regulator; have known. people that currently the SEC is under and even the former chairman of the Mr. HUIZENGA. You are able to ana- a court order to clarify how exactly Committee on Financial Services, Bar- lyze that risk. they are doing their rulemaking. And ney Frank, noted at the time when the Mr. AL GREEN of Texas. I reclaim there is a staff-level rule letter. FSOC was reviewing asset managers my time. There is no way for anyone to With this underlying bill, we are try- for systemic designations, he recog- have known what Bernie Madoff was ing to codify that. We are trying to nized that these are not entities that going to do. It was not knowable. You make sure, not just with a letter, but pose a systemic risk to the financial are imposing a mission impossible by law, that they do what they are system. And while the SEC does not upon the SEC. being ordered to do. And I will remind regulate systemic risk, I am afraid There is a real question that has to all of my colleagues and those of you that this amendment could be poten- be answered today, Mr. Chair, or at out watching us, the Securities and Ex- tially politically misinterpreted and some point in the future: Does Con- change Commission has a mission that applied to a number of capital market gress regulate Wall Street or does Wall has three parts. participants and activities which they, Street regulate Congress? The first part is to protect investors. frankly, have no business regulating. Now, this is a serious question be- Nothing in this bill weakens there. So it would lead to the same fire, aim, cause that is what this kind of regula- Nothing in this bill takes anything ready kind of situation rulemaking tion gives us the image of being a part away from that. We, in fact, underscore that we have seen from the current ad- of. that. ministration that hinders growth and Wall Street wants this. This benefits The second mission that it has is to that capital market formation that we Wall Street. It doesn’t benefit mom maintain fair, orderly, and efficient have just talked about in the last and pops. It doesn’t benefit Main markets. Emphasis again, fair, orderly, amendment. Street. It benefits megacorporations. and efficient markets. What we are see- The bill before us will ensure that fu- And you can couch the language in any ing is inefficiency that is being built ture SEC rulemakings are prudently clever way that you want. into the marketplace right now, and we proposed and adopted to achieve the In the final analysis, this is all about are here to clarify that. Let’s find out, maximum net benefit, and that is what megacorporations being able to do as the SEC is preparing a rule, what we are really talking about here today. things that would prevent—that would the goal and objective is and what is While I support the underlying bill, I not be in the best interest of investors. going to be the impact on it. Yes, cost will have to oppose this amendment. Investors who are listening to this. is part of that, and we are able to look Mr. Chairman, I reserve the balance You ought to be concerned. This im- at that. of my time. pacts you. If this legislation passes, The third thing the SEC intended to your opportunity to participate in Wall do is to facilitate capital formation. b 1545 Street with regulations that are going Why is that important and what ex- Mr. AL GREEN of Texas. Mr. Chair- to prevent fraud from being per- actly does that mean? man, I would remind my friend across petrated upon you—similar to what It means making sure that there is the aisle that the Volcker rule does Madoff perpetrated—will not be pos- enough money around so that compa- deal with systemic risk. I would re- sible. nies, big, medium, and small, are able mind him that the SEC does play a role Mr. Chairman, I reserve the balance to go in there and get the cash and the in regulating systemic risk. of my time. credit that they need to go and expand Having said that, let’s just talk The Acting CHAIR. Members are re- and do the job that they are trying to again. And I would engage in a col- minded to address their remarks to the do, which is, by the way, employ all of loquy with you and use my time. Ex- Chair. us in America. plain to me how you would quantify a The gentleman from Michigan is rec- We have talked a lot about the un- regulation designed to prevent fraud ognized. derlying bill and not so much about the such as the fraud perpetrated by Mr. HUIZENGA. Mr. Chairman, may particular amendment that we have be- Madoff. I inquire as to the remaining balance of fore us, but I do continue to oppose the How would you quantify it in dollars the time. amendment and encourage the passage and cents? Because that is what you The Acting CHAIR. The gentleman of the underlying bill. are all about, dollars and cents. How do from Michigan has 31⁄2 minutes remain- Mr. Chair, I yield back the balance of you quantify that? ing, and the gentleman from Texas has my time. Mr. HUIZENGA. Will the gentleman 30 seconds remaining. The Acting CHAIR. The question is yield? Mr. HUIZENGA. At this point I am on the amendment offered by the gen- Mr. AL GREEN of Texas. I yield to ready to close and I reserve the balance tleman from Texas (Mr. AL GREEN). the gentleman from Michigan. of my time. The question was taken; and the Act- Mr. HUIZENGA. This has nothing to Mr. AL GREEN of Texas. Mr. Chair- ing Chair announced that the noes ap- do with Bernie Madoff since the whis- man, in closing, let me simply say this: peared to have it.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.074 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H441 Mr. AL GREEN of Texas. Mr. Chair, I affirming transparency as a core prin- Exchange Commission, that regulates demand a recorded vote. ciple of efficient markets and places the too-big-to-fail banks or, as the The Acting CHAIR. Pursuant to public service ahead of personal gain. amendment states, financial institu- clause 6 of rule XVIII, further pro- By requiring the head of the SEC and tions. ceedings on the amendment offered by his immediate family members to di- The SEC does not regulate financial the gentleman from Texas will be post- vest themselves of all securities con- institutions. The code defines the term poned. nected to the financial institutions ‘‘financial institution,’’ and the defini- The Acting CHAIR. The Committee regulated by the agency, we reinforce tion includes ‘‘a bank, a foreign bank, will rise informally. investor confidence that agency deci- and a savings association.’’ The Speaker pro tempore (Mrs. sions are driven by market forces, not Since the SEC does not regulate any WALORSKI) assumed the chair. the portfolio of the Chair. of these entities, the amendment would f Mr. Chairman, the power and sta- require the SEC Chair to divest of ex- bility of U.S. markets rely on the fun- actly zero entities. So notwithstanding MESSAGE FROM THE SENATE damental belief that the system is that important discrepancy here, I ask A message from the Senate by Ms. transparent and fair. Anything that my colleagues to join me in opposing Curtis, one of its clerks, announced causes investors to question the integ- the amendment. that the Senate has passed a bill of the rity of the U.S. markets, including Mr. Chairman, I reserve the balance following title in which the concur- lack of information or opaqueness of of my time. rence of the House is requested: information, will necessarily hurt our Mr. DESAULNIER. Mr. Chairman, I S. 84. An act to provide for an exception to markets and make capital formation honestly respect the tutorial, but, with a limitation against appointment of persons more difficult. all due respect, I do think that this as Secretary of Defense within seven years of The SEC plays a critical role in pro- amendment complements the existing relief from active duty as a regular commis- moting adequate transparency. Requir- rules and protects the investors. sioned officer of the Armed Forces. ing the SEC Chairperson to cut finan- Mr. Chairman, I yield such time as The SPEAKER pro tempore. The cial ties with institutions that the SEC she may consume to the gentlewoman Committee will resume its sitting. oversees is a commonsense protection from Wisconsin (Ms. MOORE). of the agency’s credibility and im- Ms. MOORE. I thank the chairman. I f provement to the underlying bill in my really appreciate the gentleman, Mr. SEC REGULATORY belief. DESAULNIER, for bringing forth this ACCOUNTABILITY ACT I hope my Republican colleagues amendment. The Committee resumed its sitting. agree and will support this amendment Disclosures of and divestment in con- that puts public service ahead of poten- flicts are becoming increasingly impor- AMENDMENT NO. 4 OFFERED BY MR. DESAULNIER tial personal gain. tant in this administration coming up. The Acting CHAIR (Mr. PALMER). It Mr. Chairman, I reserve the balance The conflicts that we know about and is now in order to consider amendment of my time. the conflicts that we suspect exist with No. 4 printed in part A of House Report Mr. HUIZENGA. Mr. Chairman, I rise President-elect Trump and his nomi- 115–3. in opposition to this amendment. nees have become a tremendous source Mr. DESAULNIER. Mr. Chairman, I The Acting CHAIR. The gentleman of concern as not only do they under- have an amendment at the desk. from Michigan is recognized for 5 min- mine the faith and fairness of U.S. fi- The Acting CHAIR. The Clerk will utes. nancial markets, as has been pointed designate the amendment. Mr. HUIZENGA. Mr. Chairman, out, but, quite frankly, they have be- The text of the amendment is as again, I think we are stumbling over come a matter of national security follows: the fact that my colleagues on the concern. At the end of the bill, add the following other side of the aisle believe that we The amendments that were rejected new section: are somehow paid by the words put by Ranking Member WATERS and this SEC. 5. DIVESTITURE REQUIREMENT. into the Federal Registry here. amendment by Representative The amendment made by section 2 shall The SEC is already covered by both DESAULNIER together restore con- not take effect until the Chairman of the Se- governmentwide ethics laws and regu- fidence that the U.S. financial system curities and Exchange Commission, and all lations as well as SEC supplemental immediate family members of the Chairman, is not being manipulated for the gain divests all securities owned by the Chairman ethics regulations which apply to all of a few government officials. and such immediate family members of the SEC employees, including the Chair. Mr. Chairman, I urge all of my col- Chairman from any financial institution reg- Perhaps the sponsor of the amend- leagues to support this amendment. ulated by the Securities and Exchange Com- ment is not aware that under existing Mr. HUIZENGA. Mr. Chairman, at mission to ensure that proper and fair rule- Federal law, the SEC Chairman cannot this time I am prepared to close, and I making is administered in accordance with participate personally in any matter reserve the balance of my time. this Act. that would have a direct and predict- Mr. DESAULNIER. Mr. Chairman, The Acting CHAIR. Pursuant to able effect on her financial interests or with all due respect, I really think this House Resolution 40, the gentleman imputed financial interest, and I would is, as intended, a commonsense amend- from California (Mr. DESAULNIER) and invite the sponsor to review the code at ment. I do think it complements rather a Member opposed each will control 5 this point. than adds on to the existing require- minutes. Additionally, SEC supplemental reg- ments to protect investors. And I real- The Chair recognizes the gentleman ulations prohibit SEC employees, in- ly think this House, with all due re- from California. cluding the Chair, from holding any se- spect, would want to see the markets Mr. DESAULNIER. Mr. Chairman, I curity in a directly regulated entity, work efficiently. We also want to en- yield myself such time as I may con- and they must also preclear all pur- sure that the integrity of those mar- sume. chases and sales of securities. kets and the investors are also Mr. Chairman, I rise in support of Further, the Chairman or Commis- strengthened. So I think transparency this amendment to the SEC Regulatory sioner must not engage in any other in this case with the acknowledgment Accountability Act in a spirit of co- business, employment, or vocation that there are other already existing operation. It is most important for the while in office, nor may she ever use regulations and the belief that this integrity of the SEC, for the investor the power of her office or the influence amendment complements those, I community, for the entire U.S. popu- of her name to promote the business would ask for the House’s support. lation, and indeed for the economic interests of others. Mr. Chairman, I yield back the bal- benefit of the United States that integ- Finally, the amendment does not ance of my time. rity and transparency are paramount. seem to address what I believe Con- So this amendment strengthens the gressman DESAULNIER’s description is b 1600 bill, I believe, on behalf of the Amer- intending to address as it is the Fed- Mr. HUIZENGA. Mr. Chairman, I ican investor as well as industry by re- eral Reserve, not the Securities and would just point out again that this

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.077 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H442 CONGRESSIONAL RECORD — HOUSE January 12, 2017 amendment does not hit the target. my distinguished colleague from the current President as well as the The SEC does not regulate financial in- Michigan is critical to guard against Chair. Implying somehow that this stitutions. 15 U.S.C. 78c defines the regulatory capture and to protect the Chair has preyed off of poor people term ‘‘financial institutions,’’ and that public interest. The whole challenge of until they went bankrupt, as was just definition includes a bank, a foreign a republic is how to get legislators and sort of laid out by the sponsor of this, bank, and a savings association. The other public officers, who are agents of is an insult. SEC does not regulate any of the enti- the people, to serve the common good To believe this of the SEC Chair, who ties that are described in this. rather than their own, private inter- is typically—and I know in this par- In addition to that, the Securities ests. In the cost-benefit terms of this ticular case is—a very accomplished and Exchange Commission’s Chair— legislation, you would call this the professional, is amazingly short- Chairwoman in this instance, who will ‘‘agency problem.’’ Our Constitution, sighted, I believe. Additionally, the be resigning soon—is covered under with everything from the separation of Chair is required to receive personal governmentwide ethics rules and laws. powers to the Emoluments Clause, to annual ethics training as well as an The SEC has additional SEC-specific the Title of Nobility Clause is designed initial ethics briefing. I direct the rules that are in place. This amend- to safeguard the public interest and to sponsor to review the statute on this. ment would do absolutely nothing to reduce the prospects for mischief, cor- Additionally, the Chairman and the support or diminish those because it ruption, and self-dealing by people in Commissioners are required to file an doesn’t actually address any situation government. Providing mandatory eth- ethics agreement letter in which she that they have. ics training is a simple way to remind will agree to divest prohibited assets, Mr. Chairman, I yield back the bal- all of us in public life whom we really and if she has not done so prior to the ance of my time. work for—the American people. appointment, she is to recuse herself The Acting CHAIR. The question is Requiring employees to undergo from matters in which she has finan- on the amendment offered by the gen- basic ethics training is not unusual. In cial conflict or the impartiality con- tleman from California (Mr. fact, every congressional staffer who flict, which can be found also in code. DESAULNIER). works in this body is required to under- Finally, the Chairman or a Commis- The question was taken; and the Act- go ethics training in his or her first 60 sioner is prohibited from engaging in ing Chair announced that the noes ap- days of employment here. The fresh- any other business, employment, or vo- peared to have it. man class, of which I am a proud mem- cation while in office, or she may never Mr. DESAULNIER. Mr. Chairman, I ber, just had an excellent briefing on use the power of her office or her name demand a recorded vote. professional ethics standards a couple to promote or influence a business in- The Acting CHAIR. Pursuant to of weeks ago. terest. clause 6 of rule XVIII, further pro- Under this amendment, Congress will Once again, I think that what we are ceedings on the amendment offered by be able to ensure that the SEC officials trying to do here with the underlying the gentleman from California will be who are making the critical rules that bill is to make sure that the SEC fol- postponed. govern the financial securities industry lows through on what the courts have AMENDMENT NO. 5 OFFERED BY MR. RASKIN are looking out for the American peo- mandated in previous rulings in that The Acting CHAIR. It is now in order ple and not for any particular special they use a cost-benefit analysis. This is to consider amendment No. 5 printed in interest. not about fraud. This is not about part A of House Report 115–3. Conflicts of interest have been rife in whether Mary Jo White needs ethics Mr. RASKIN. Mr. Chairman, I have the financial sector. In 2008, while Wall training. This is about making sure an amendment at the desk. Street and big banks preyed on the vic- that the SEC has an identifiable target The Acting CHAIR. The Clerk will tims of the mortgage crisis, American and goal with the rules that it is put- designate the amendment. families lost trillions of dollars in re- ting in place and then analyzing The text of the amendment is as fol- tirement values, home values, equity, whether the costs and the benefits lows: and so on. weigh in favor of protecting the con- At the end of the bill, add the following This amendment would implement a sumer. Ultimately, this amendment new section: simple safeguard, ensuring that the does nothing to forward that. I oppose SEC. 5. TRAINING REQUIREMENT FOR THE CHAIRMAN AND COMMISSIONERS OF people who regulate the financial sec- the amendment. THE SEC. tor are not crossing any ethical lines I reserve the balance of my time. The amendment made by section 2 shall or are bending the rules in favor of past Mr. RASKIN. Mr. Chairman, the gen- not take effect until the Chairman and each or future employers or of any other tleman from Michigan has invited us, Commissioner of the Securities and Ex- special interests. The people of the through the various colloquies this change Commission undergoes effective United States expect and deserve noth- afternoon, to believe that there is a training on conduct and ethical standards to comprehensive ethical regime in place. ensure all actions of the Commission are ing less from Washington. done in a manner free of conflicts of interest, In closing, I urge all of my colleagues We agree that there is, but what there specifically those related to prior employ- on both sides of the aisle to support is not is a requirement that the Chair ment at financial institutions and prior legal this amendment. of the SEC and each of its Commis- representation of financial institutions. I reserve the balance of my time. sioners undergo ethics training, the The Acting CHAIR. Pursuant to Mr. HUIZENGA. Mr. Chairman, I rise kind of training that millions of Amer- House Resolution 40, the gentleman in opposition to this amendment. icans undergo all the time in order to from Maryland (Mr. RASKIN) and a The Acting CHAIR. The gentleman understand precisely what their ethical Member opposed each will control 5 from Michigan is recognized for 5 min- obligations are. It is as if to say that minutes. utes. nobody needs to have stop signs or The Chair recognizes the gentleman Mr. HUIZENGA. Mr. Chairman, I be- stoplights out there because there is a from Maryland. lieve the sponsor of the amendment traffic code someplace. There may be, Mr. RASKIN. Mr. Chairman, this was in the Chamber when we were dis- but we need to give the actual direc- amendment would require both the cussing this on the last amendment. tion to people who are participating in Chairman of the SEC and all of its Federal law, as well as SEC supple- the activity of regulation. Commissioners to undergo a com- mental regulations, already govern Nothing that the good gentleman has prehensive, professional ethics training ethics and conflicts of interest. said persuades me that the ethics in order to ensure that all SEC regula- It is well-known, especially if you training is actually taking place or tions and actions are free from con- check out my Twitter account, I think, that the SEC Commissioners and the flicts of interest that may arise from that most people who support this Chair of the SEC do not need it. their past or future employment or by President don’t believe I support this If anything I said is read by anyone legal representation of regulated enti- President enough. A number of people to insult the President of the United ties. would say that I haven’t supported the States or the current Chair of the SEC, This training into all of the ethical SEC Chairman to the level that I then I would stand corrected. I don’t standards that were just invoked by should. This, frankly, is insulting to think I said anything that would have

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.080 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H443 affronted any of them. This is basic I would urge my colleague to rethink Cuellar Kildee Polis ethics training that takes place for his opposition to this commonsense Cummings Kilmer Price (NC) Davis (CA) Kind Quigley people across the government. For the amendment, which, I think, would in- Davis, Danny Krishnamoorthi Raskin life of me, I can’t understand what the stall precisely what the American peo- DeFazio Kuster (NH) Rice (NY) opposition to it is. ple are asking of us, which is that all of DeGette Langevin Richmond There seems to be a kind of us pay attention to public ethics in the Delaney Larsen (WA) Rosen DeLauro Larson (CT) Roybal-Allard fetishizing of cost-benefit analysis conduct of our duties. DelBene Lawrence Ruiz above everything else. The Constitu- I yield back the balance of my time. Demings Lawson (FL) Ruppersberger tion doesn’t include the words ‘‘cost- Mr. HUIZENGA. Mr. Chairman, I DeSaulnier Lee Rush Deutch Levin Sa´ nchez benefit.’’ There are a whole series of maintain my opposition to this amend- Dingell Lewis (GA) rules that we have in there, including Sarbanes ment. Doggett Lieu, Ted Schakowsky the Emoluments Clause, which estab- I yield back the balance of my time. Doyle, Michael Lipinski Schiff F. Loebsack lished the principle of no conflicts of The Acting CHAIR. The question is Schneider Ellison Lofgren Schrader interest, no foreign bribery, no domes- Engel Lowenthal on the amendment offered by the gen- Scott (VA) tic bribery, no compromising of the in- Eshoo Lowey tleman from Maryland (Mr. RASKIN). Scott, David Espaillat Lujan Grisham, tegrity of government; and I do not un- Serrano The question was taken; and the Act- Esty M. derstand why we are so afraid of build- Sewell (AL) ing Chair announced that the noes ap- Evans Luja´ n, Ben Ray Shea-Porter ing those principles into the legal ar- peared to have it. Foster Lynch chitecture that governs the Securities Fudge Maloney, Sherman Mr. RASKIN. Mr. Chairman, I de- Gabbard Carolyn B. Sinema and Exchange Commission. mand a recorded vote. Sires I reserve the balance of my time. Gallego Maloney, Sean The Acting CHAIR. Pursuant to Garamendi Matsui Slaughter Mr. HUIZENGA. Mr. Chairman, I un- Smith (WA) clause 6 of rule XVIII, further pro- Gonzalez (TX) McCollum derstand that the sponsor is a constitu- Gottheimer McEachin Soto ceedings on the amendment offered by Green, Al McGovern Speier tional law professor. Suozzi I direct the gentleman to 5 CFR the gentleman from Maryland will be Green, Gene McNerney postponed. Grijalva Meeks Swalwell (CA) 2638.305 and 5 CFR 2638.304, which read: Gutie´rrez Meng Takano The Chair of the SEC is required to receive ANNOUNCEMENT BY THE ACTING CHAIR Hanabusa Moore Thompson (CA) in person annual ethics training as well as The Acting CHAIR. Pursuant to Hastings Moulton Thompson (MS) an initial ethics briefing. Additionally, Heck Murphy (FL) Titus clause 6 of rule XVIII, proceedings will Tonko Chairmen and Commissioners are required to Higgins (NY) Nadler now resume on those amendments Himes Napolitano Torres file ethics agreement letters in which they printed in part A of House Report 115– Hoyer Nolan Tsongas agree to divest. 3 on which further proceedings were Huffman Norcross Vargas Veasey The bottom line is that we don’t need postponed, in the following order: Jackson Lee O’Halleran additional words in the Federal Reg- Jayapal O’Rourke Vela Amendment No. 1 by Mr. AL GREEN Jeffries Pallone Vela´ zquez ister to do what is already being done. of Texas. Johnson (GA) Panetta Visclosky The sponsor of the amendment men- Johnson, E. B. Pascrell Walz Amendment No. 3 by Mr. AL GREEN tioned that cost-benefit analysis is not Jones Payne Wasserman of Texas. in the U.S. Constitution, but neither is Kaptur Pelosi Schultz Amendment No. 4 by Mr. DESAULNIER Keating Perlmutter Waters, Maxine the SEC. However, due process is in the of California. Kelly (IL) Peters Watson Coleman Constitution, and what we are trying Kennedy Peterson Welch Amendment No. 5 by Mr. RASKIN of to get at is due process to make sure Khanna Pingree Wilson (FL) Maryland. Kihuen Pocan Yarmuth that we have—us, as a legislative The Chair will reduce to 2 minutes body—properly involved and engaged in NOES—233 this and that we understand what the the minimum time for any electronic vote after the first vote in this series. Abraham Conaway Harper goals and objectives of the Securities Aderholt Cook Harris and Exchange Commission are when it AMENDMENT NO. 1 OFFERED BY MR. AL GREEN Allen Costello (PA) Hartzler is issuing a rule and whether that rule OF TEXAS Amash Cramer Hensarling The Acting CHAIR. The unfinished Amodei Crawford Hice, Jody B. is going to effect the change intended. Arrington Culberson Higgins (LA) What are those benefits? Is it going business is the demand for a recorded Babin Curbelo (FL) Hill to benefit and protect the consumer? vote on the amendment offered by the Bacon Davidson Holding Again, I reiterate the three elements gentleman from Texas (Mr. AL GREEN) Banks (IN) Davis, Rodney Hollingsworth on which further proceedings were Barletta Denham Hudson of the mission of the Securities and Ex- Barr Dent Huizenga change Commission: number one, to postponed and on which the noes pre- Barton DeSantis Hultgren protect investors; number two, to vailed by voice vote. Bergman DesJarlais Hunter maintain fair and orderly and efficient The Clerk will redesignate the Beutler Diaz-Balart Hurd Biggs Donovan Issa markets; and number three, to facili- amendment. Bilirakis Duffy Jenkins (KS) tate capital formation. Those are the The Clerk redesignated the amend- Bishop (MI) Duncan (SC) Jenkins (WV) stated goals and is the job of the Secu- ment. Bishop (UT) Duncan (TN) Johnson (LA) Black Dunn Johnson (OH) rities and Exchange Commission. RECORDED VOTE Blackburn Emmer Johnson, Sam I reserve the balance of my time. The Acting CHAIR. A recorded vote Blum Farenthold Jordan Mr. RASKIN. Mr. Chairman, I think has been demanded. Bost Faso Joyce (OH) Brady (TX) Ferguson Katko we have arrived at what the difference A recorded vote was ordered. is between me and the gentleman from Brat Fitzpatrick Kelly (MS) The vote was taken by electronic de- Bridenstine Fleischmann Kelly (PA) Michigan. vice, and there were—ayes 192, noes 233, Brooks (AL) Flores King (IA) The regulation, as he reads it, applies Brooks (IN) Fortenberry King (NY) not voting 9, as follows: only to the Chair. This amendment Buchanan Foxx Kinzinger [Roll No. 46] Buck Franks (AZ) Knight would extend the ethics training, Bucshon Frelinghuysen Kustoff (TN) which he seems to support, to all of the AYES—192 Budd Gaetz Labrador members of the Securities and Ex- Adams Brady (PA) Clark (MA) Burgess Gallagher LaHood change Commission. It is true that Aguilar Brown (MD) Clarke (NY) Byrne Garrett LaMalfa Barraga´ n Brownley (CA) Clay Calvert Gibbs Lamborn they all have to do a filing, as we all Bass Bustos Cleaver Carter (GA) Gohmert Lance do, about our various finances, but that Beatty Butterfield Clyburn Carter (TX) Goodlatte Latta is not the comprehensive ethical train- Becerra Capuano Cohen Chabot Gosar Lewis (MN) Bera Carbajal Connolly Chaffetz Gowdy LoBiondo ing that all of us need to get in order Beyer Ca´ rdenas Conyers Cheney Granger Long to avoid conflicts of interest. So, if Bishop (GA) Carson (IN) Cooper Coffman Graves (GA) Loudermilk that is something that is good enough Blumenauer Cartwright Correa Cole Graves (LA) Love for the Chair, it is, presumably, good Blunt Rochester Castor (FL) Costa Collins (GA) Graves (MO) Lucas Bonamici Castro (TX) Courtney Collins (NY) Griffith Luetkemeyer enough for all of the members of the Boyle, Brendan Chu, Judy Crist Comer Grothman MacArthur SEC. F. Cicilline Crowley Comstock Guthrie Marchant

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.083 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H444 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Marino Reed Stefanik Cuellar Kildee Polis McCarthy Renacci Stefanik Marshall Reichert Stewart Cummings Kilmer Price (NC) McCaul Rice (SC) Stewart Massie Renacci Stivers Davis (CA) Kind Quigley McClintock Roby Stivers Mast Rice (SC) Taylor Davis, Danny Krishnamoorthi Raskin McHenry Roe (TN) Taylor McCarthy Roby Tenney DeFazio Kuster (NH) Rice (NY) McKinley Rogers (AL) Tenney McCaul Roe (TN) Thompson (PA) DeGette Langevin Richmond McMorris Rogers (KY) Thompson (PA) McClintock Rogers (AL) Thornberry Delaney Larsen (WA) Rosen Rodgers Rohrabacher Thornberry McHenry Rogers (KY) Tiberi DeLauro Larson (CT) Roybal-Allard McSally Rokita Tiberi McKinley Rohrabacher Meadows Rooney, Francis Tipton Tipton DelBene Lawrence Ruiz McMorris Rokita Demings Lawson (FL) Meehan Rooney, Thomas Trott Trott Ruppersberger Rodgers Rooney, Francis DeSaulnier Lee Messer J. Turner Turner Rush McSally Rooney, Thomas Deutch Levin Mitchell Ros-Lehtinen Upton Upton Sa´ nchez Meadows J. Dingell Lewis (GA) Moolenaar Roskam Valadao Sarbanes Meehan Ros-Lehtinen Valadao Doggett Lieu, Ted Mooney (WV) Ross Wagner Schakowsky Messer Roskam Wagner Doyle, Michael Lipinski Mullin Rothfus Walberg Schiff Mitchell Ross Walberg F. Loebsack Murphy (PA) Rouzer Walden Moolenaar Rothfus Walden Ellison Lofgren Schneider Newhouse Royce (CA) Walker Mooney (WV) Rouzer Walorski Engel Lowenthal Schrader Noem Russell Walorski Mullin Royce (CA) Walters, Mimi Eshoo Lowey Scott (VA) Nunes Sanford Walters, Mimi Murphy (PA) Russell Weber (TX) Espaillat Lujan Grisham, Scott, David Olson Scalise Weber (TX) Newhouse Sanford Webster (FL) Esty M. Serrano Palazzo Schweikert Webster (FL) Noem Scalise Wenstrup Evans Luja´ n, Ben Ray Sewell (AL) Palmer Scott, Austin Wenstrup Nunes Schweikert Westerman Foster Lynch Shea-Porter Paulsen Sensenbrenner Westerman Olson Scott, Austin Williams Fudge Maloney, Sherman Pearce Sessions Williams Palazzo Sensenbrenner Wilson (SC) Gabbard Carolyn B. Sires Perry Shimkus Wilson (SC) Palmer Sessions Wittman Gallego Maloney, Sean Slaughter Peters Shuster Wittman Paulsen Shimkus Womack Garamendi Matsui Smith (WA) Pittenger Simpson Womack Pearce Shuster Poe (TX) Sinema Woodall Woodall Gonzalez (TX) McCollum Soto Perry Simpson Gottheimer McEachin Poliquin Smith (MO) Yoder Yoder Speier Pittenger Smith (MO) Green, Al McGovern Posey Smith (NE) Yoho Yoho Suozzi Poe (TX) Smith (NE) Green, Gene McNerney Swalwell (CA) Ratcliffe Smith (NJ) Young (AK) Poliquin Smith (NJ) Young (AK) Grijalva Meeks Reed Smith (TX) Young (IA) Young (IA) Takano Posey Smith (TX) Gutie´rrez Meng Thompson (CA) Reichert Smucker Zeldin Zeldin Ratcliffe Smucker Hanabusa Moore Thompson (MS) Hastings Moulton NOT VOTING—11 NOT VOTING—9 Titus Heck Murphy (FL) Tonko Brat Marchant Rutherford Higgins (NY) Nadler Frankel (FL) Pompeo Ryan (OH) Torres Cramer Mulvaney Ryan (OH) Himes Napolitano Mulvaney Price, Tom (GA) Walker Tsongas Frankel (FL) Pompeo Zinke Neal Rutherford Zinke Hoyer Neal LaMalfa Price, Tom (GA) Vargas Huffman Nolan Jackson Lee Norcross Veasey ANNOUNCEMENT BY THE ACTING CHAIR b 1635 Jayapal O’Halleran Vela Vela´ zquez The Acting CHAIR (during the vote). Mr. SIMPSON, Ms. CHENEY, and Mr. Jeffries O’Rourke There is 1 minute remaining. Johnson (GA) Pallone Visclosky GOHMERT changed their vote from Walz Johnson, E. B. Panetta 1640 ‘‘aye’’ to ‘‘no.’’ Jones Pascrell Wasserman b Messrs. PASCRELL and Kaptur Payne Schultz So the amendment was rejected. Waters, Maxine LOWENTHAL changed their vote from Keating Pelosi The result of the vote was announced Kelly (IL) Perlmutter Watson Coleman ‘‘no’’ to ‘‘aye.’’ Kennedy Peterson Welch as above recorded. So the amendment was rejected. Khanna Pingree Wilson (FL) AMENDMENT NO. 4 OFFERED BY MR. DESAULNIER The result of the vote was announced Kihuen Pocan Yarmuth The Acting CHAIR. The unfinished as above recorded. NOES—232 business is the demand for a recorded AMENDMENT NO. 3 OFFERED BY MR. AL GREEN Abraham Cook Hartzler vote on the amendment offered by the OF TEXAS Aderholt Costello (PA) Hensarling gentleman from California (Mr. The Acting CHAIR. The unfinished Allen Crawford Hice, Jody B. DESAULNIER) on which further pro- business is the demand for a recorded Amash Culberson Higgins (LA) ceedings were postponed and on which Amodei Curbelo (FL) Hill vote on the amendment offered by the Arrington Davidson Holding the noes prevailed by voice vote. gentleman from Texas (Mr. AL GREEN) Babin Davis, Rodney Hollingsworth The Clerk will redesignate the on which further proceedings were Bacon Denham Hudson amendment. postponed and on which the noes pre- Banks (IN) Dent Huizenga Barletta DeSantis Hultgren The Clerk redesignated the amend- vailed by voice vote. Barr DesJarlais Hunter ment. The Clerk will redesignate the Barton Diaz-Balart Hurd RECORDED VOTE amendment. Bergman Donovan Issa Beutler Duffy Jenkins (KS) The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Biggs Duncan (SC) Jenkins (WV) has been demanded. ment. Bilirakis Duncan (TN) Johnson (LA) A recorded vote was ordered. RECORDED VOTE Bishop (MI) Dunn Johnson (OH) Bishop (UT) Emmer Johnson, Sam The Acting CHAIR. This will be a 2- The Acting CHAIR. A recorded vote Black Farenthold Jordan minute vote. has been demanded. Blackburn Faso Joyce (OH) The vote was taken by electronic de- A recorded vote was ordered. Blum Ferguson Katko vice, and there were—ayes 194, noes 233, Bost Fitzpatrick Kelly (MS) The Acting CHAIR. This will be a 2- Brady (TX) Fleischmann Kelly (PA) not voting 7, as follows: minute vote. Bridenstine Flores King (IA) [Roll No. 48] Brooks (AL) Fortenberry King (NY) The vote was taken by electronic de- AYES—194 vice, and there were—ayes 191, noes 232, Brooks (IN) Foxx Kinzinger Buchanan Franks (AZ) Knight Adams Capuano Costa not voting 11, as follows: Buck Frelinghuysen Kustoff (TN) Aguilar Carbajal Courtney [Roll No. 47] Bucshon Gaetz Labrador Barraga´ n Ca´ rdenas Crist Budd Gallagher LaHood Bass Carson (IN) AYES—191 Crowley Burgess Garrett Lamborn Beatty Cartwright Cuellar Adams Brady (PA) Clark (MA) Byrne Gibbs Lance Becerra Castor (FL) Cummings Aguilar Brown (MD) Clarke (NY) Calvert Gohmert Latta Bera Castro (TX) Davis (CA) ´ Barragan Brownley (CA) Clay Carter (GA) Goodlatte Lewis (MN) Beyer Chu, Judy Davis, Danny Bass Bustos Cleaver Carter (TX) Gosar LoBiondo Bishop (GA) Cicilline DeFazio Beatty Butterfield Clyburn Chabot Gowdy Long Blumenauer Clark (MA) DeGette Becerra Capuano Cohen Chaffetz Granger Loudermilk Blunt Rochester Clarke (NY) Delaney Bera Carbajal Connolly Cheney Graves (GA) Love Bonamici Clay Beyer Ca´ rdenas Conyers Coffman Graves (LA) Lucas Boyle, Brendan Cleaver DeLauro Bishop (GA) Carson (IN) Cooper Cole Graves (MO) Luetkemeyer F. Clyburn DelBene Blumenauer Cartwright Correa Collins (GA) Griffith MacArthur Brady (PA) Cohen Demings Blunt Rochester Castor (FL) Costa Collins (NY) Grothman Marino Brown (MD) Connolly DeSaulnier Bonamici Castro (TX) Courtney Comer Guthrie Marshall Brownley (CA) Conyers Deutch Boyle, Brendan Chu, Judy Crist Comstock Harper Massie Bustos Cooper Dingell F. Cicilline Crowley Conaway Harris Mast Butterfield Correa Doggett

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.042 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H445 Doyle, Michael Lawson (FL) Rice (NY) Meehan Rokita Thompson (PA) Higgins (NY) Maloney, Sean Schakowsky F. Lee Richmond Messer Rooney, Francis Thornberry Himes Matsui Schiff Ellison Levin Rosen Mitchell Rooney, Thomas Tiberi Hoyer McCollum Schneider Engel Lewis (GA) Roybal-Allard Moolenaar J. Tipton Huffman McEachin Schrader Eshoo Lieu, Ted Ruiz Mooney (WV) Ros-Lehtinen Trott Jackson Lee McGovern Scott (VA) Espaillat Lipinski Ruppersberger Mullin Roskam Turner Jayapal McNerney Scott, David Esty Loebsack Rush Murphy (PA) Ross Upton Jeffries Meeks Serrano Evans Lofgren Sa´ nchez Newhouse Rothfus Valadao Johnson (GA) Meng Sewell (AL) Noem Rouzer Fitzpatrick Lowenthal Sarbanes Wagner Johnson, E. B. Moore Shea-Porter Foster Lowey Nunes Royce (CA) Jones Moulton Schakowsky Walberg Sherman Fudge Lujan Grisham, Olson Russell Kaptur Murphy (FL) Schiff Walden Sinema Gabbard M. Schneider Palazzo Sanford Keating Nadler Gallego Luja´ n, Ben Ray Palmer Scalise Walker Kelly (IL) Napolitano Sires Schrader Walorski Slaughter Garamendi Lynch Scott (VA) Paulsen Schweikert Kennedy Neal Gonzalez (TX) Maloney, Pearce Scott, Austin Walters, Mimi Khanna Nolan Smith (WA) Scott, David Weber (TX) Soto Gottheimer Carolyn B. Serrano Perry Sensenbrenner Kihuen Norcross Pittenger Sessions Webster (FL) Speier Green, Al Maloney, Sean Sewell (AL) Kildee O’Halleran Green, Gene Matsui Poe (TX) Shimkus Wenstrup Suozzi Shea-Porter Kilmer O’Rourke Grijalva McCollum Poliquin Shuster Westerman Kind Pallone Swalwell (CA) Sherman Gutie´rrez McEachin Posey Simpson Williams Krishnamoorthi Panetta Takano Sinema Hanabusa McGovern Ratcliffe Smith (MO) Wilson (SC) Kuster (NH) Pascrell Thompson (CA) Sires Hastings McNerney Reed Smith (NE) Wittman Langevin Payne Thompson (MS) Slaughter Heck Meeks Reichert Smith (NJ) Larsen (WA) Pelosi Smith (WA) Womack Titus Higgins (NY) Meng Renacci Smith (TX) Woodall Larson (CT) Perlmutter Tonko Himes Moore Soto Rice (SC) Smucker Lawrence Peters Speier Yoder Torres Hoyer Moulton Roby Stefanik Yoho Lawson (FL) Peterson Tsongas Suozzi Roe (TN) Huffman Murphy (FL) Stewart Young (AK) Lee Pingree Vargas Jackson Lee Nadler Swalwell (CA) Rogers (AL) Stivers Levin Pocan Young (IA) Veasey Jayapal Napolitano Takano Rogers (KY) Taylor Lewis (GA) Polis Zeldin Vela Jeffries Neal Thompson (CA) Rohrabacher Tenney Lieu, Ted Price (NC) Vela´ zquez Johnson (GA) Nolan Thompson (MS) Lipinski Quigley Johnson, E. B. Norcross Titus NOT VOTING—7 Loebsack Raskin Visclosky Jones O’Halleran Tonko Frankel (FL) Price, Tom (GA) Zinke Lofgren Rice (NY) Walz Kaptur O’Rourke Torres Mulvaney Rutherford Lowenthal Richmond Wasserman Keating Pallone Tsongas Pompeo Ryan (OH) Lowey Rosen Schultz Kelly (IL) Panetta Vargas Lujan Grisham, Roybal-Allard Waters, Maxine Kennedy Pascrell Veasey 1646 M. Ruiz Watson Coleman Khanna Payne Vela b Luja´ n, Ben Ray Ruppersberger Welch Kihuen Pelosi Vela´ zquez So the amendment was rejected. Lynch Rush Wilson (FL) Kildee Perlmutter Visclosky The result of the vote was announced Maloney, Sa´ nchez Yarmuth Kilmer Peters Walz Carolyn B. Sarbanes Kind Peterson Wasserman as above recorded. Krishnamoorthi Pingree Schultz AMENDMENT NO. 5 OFFERED BY MR. RASKIN NOES—231 Kuster (NH) Pocan Waters, Maxine Langevin Polis Watson Coleman The Acting CHAIR. The unfinished Abraham Diaz-Balart King (IA) Larsen (WA) Price (NC) Welch business is the demand for a recorded Aderholt Donovan King (NY) Larson (CT) Quigley Wilson (FL) vote on the amendment offered by the Allen Duffy Kinzinger Lawrence Raskin Yarmuth Amash Duncan (SC) Knight gentleman from Maryland (Mr. RASKIN) Amodei Duncan (TN) Kustoff (TN) NOES—233 on which further proceedings were Arrington Dunn Labrador postponed and on which the noes pre- Babin Emmer LaHood Abraham Crawford Hudson Bacon Farenthold LaMalfa Aderholt Culberson Huizenga vailed by voice vote. Banks (IN) Faso Lamborn Allen Curbelo (FL) Hultgren The Clerk will redesignate the Barletta Ferguson Lance Amash Davidson Hunter amendment. Barr Fleischmann Latta Amodei Davis, Rodney Hurd Barton Flores Lewis (MN) Arrington Denham Issa The Clerk redesignated the amend- Bergman Fortenberry LoBiondo Babin Dent Jenkins (KS) ment. Biggs Foxx Long Bacon DeSantis Jenkins (WV) RECORDED VOTE Bilirakis Franks (AZ) Loudermilk Banks (IN) DesJarlais Johnson (LA) Bishop (MI) Frelinghuysen Love Barletta Diaz-Balart Johnson (OH) The Acting CHAIR. A recorded vote Bishop (UT) Gaetz Lucas Barr Donovan Johnson, Sam has been demanded. Black Gallagher Luetkemeyer Barton Duffy Jordan A recorded vote was ordered. Blackburn Garrett MacArthur Bergman Duncan (SC) Joyce (OH) Blum Gibbs Marchant Beutler Duncan (TN) Katko The Acting CHAIR. This will be a 2- Bost Gohmert Marino Biggs Dunn Kelly (MS) minute vote. Brady (TX) Goodlatte Marshall Bilirakis Emmer Kelly (PA) The vote was taken by electronic de- Brat Gosar Massie Bishop (MI) Farenthold King (IA) vice, and there were—ayes 196, noes 231, Bridenstine Gowdy Mast Bishop (UT) Faso King (NY) Brooks (AL) Granger McCarthy Black Ferguson Kinzinger not voting 7, as follows: Brooks (IN) Graves (GA) McCaul Blackburn Fleischmann Knight [Roll No. 49] Buchanan Graves (LA) McClintock Blum Flores Kustoff (TN) Buck Graves (MO) McHenry Bost Fortenberry Labrador AYES—196 Bucshon Griffith McKinley Brady (TX) Foxx LaHood Adams Chu, Judy DeSaulnier Budd Grothman McMorris Brat Franks (AZ) LaMalfa Aguilar Cicilline Deutch Burgess Guthrie Rodgers Bridenstine Frelinghuysen Lamborn Barraga´ n Clark (MA) Dingell Byrne Harper McSally Brooks (AL) Gaetz Lance Bass Clarke (NY) Doggett Calvert Harris Meadows Brooks (IN) Gallagher Latta Beatty Clay Doyle, Michael Carter (GA) Hartzler Meehan Buchanan Garrett Lewis (MN) Becerra Cleaver F. Carter (TX) Hensarling Messer Buck Gibbs LoBiondo Bera Clyburn Ellison Chabot Hice, Jody B. Mitchell Bucshon Gohmert Long Beutler Cohen Engel Chaffetz Higgins (LA) Moolenaar Budd Goodlatte Loudermilk Beyer Connolly Eshoo Cheney Hill Mooney (WV) Burgess Gosar Love Bishop (GA) Conyers Espaillat Coffman Holding Mullin Byrne Gowdy Lucas Blumenauer Cooper Esty Cole Hollingsworth Murphy (PA) Calvert Granger Luetkemeyer Blunt Rochester Correa Evans Collins (GA) Hudson Newhouse Carter (GA) Graves (GA) MacArthur Bonamici Costa Fitzpatrick Collins (NY) Huizenga Noem Carter (TX) Graves (LA) Marchant Boyle, Brendan Courtney Foster Comer Hultgren Nunes Chabot Graves (MO) Marino F. Crist Fudge Comstock Hunter Olson Chaffetz Griffith Marshall Brady (PA) Crowley Gabbard Conaway Hurd Palazzo Cheney Grothman Massie Brown (MD) Cuellar Gallego Cook Issa Palmer Coffman Guthrie Mast Brownley (CA) Cummings Garamendi Costello (PA) Jenkins (KS) Paulsen Cole Harper McCarthy Bustos Davis (CA) Gonzalez (TX) Cramer Jenkins (WV) Pearce Collins (GA) Harris McCaul Butterfield Davis, Danny Gottheimer Crawford Johnson (LA) Perry Collins (NY) Hartzler McClintock Capuano DeFazio Green, Al Culberson Johnson (OH) Pittenger Comer Hensarling McHenry Carbajal DeGette Green, Gene Curbelo (FL) Johnson, Sam Poe (TX) Comstock Hice, Jody B. McKinley Ca´ rdenas Delaney Grijalva Davidson Jordan Poliquin Conaway Higgins (LA) McMorris Carson (IN) DeLauro Gutie´rrez Davis, Rodney Joyce (OH) Posey Cook Hill Rodgers Cartwright DelBene Hanabusa Denham Katko Ratcliffe Costello (PA) Holding McSally Castor (FL) Demings Hastings DeSantis Kelly (MS) Reed Cramer Hollingsworth Meadows Castro (TX) Dent Heck DesJarlais Kelly (PA) Reichert

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.034 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H446 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Renacci Sensenbrenner Valadao fits of a proposed regulation, the Commis- So I am here to tell you those sto- Rice (SC) Sessions Wagner sion shall, to the extent that it is relevant to ries, but also to say that this is hap- Roby Shimkus Walberg the proposed particular regulation, consider Roe (TN) Shuster pening to way too many workers. Men Walden whether market participants would have an Rogers (AL) Simpson and women like Dot Turner understand Walker incentive to relocate their operations out- Rogers (KY) Smith (MO) Walorski side of the United States.’’. the dignity that comes with having a Rohrabacher Smith (NE) Walters, Mimi good job and putting in a good, hard Rokita Smith (NJ) Weber (TX) The SPEAKER pro tempore. Pursu- Rooney, Francis Smith (TX) day’s work. They understand that a Webster (FL) Rooney, Thomas Smucker ant to the rule, the gentlewoman from Wenstrup good career is a pathway to a better fu- J. Stefanik Illinois (Mrs. BUSTOS) is recognized for Westerman ture for themselves and for their fami- Ros-Lehtinen Stewart 5 minutes in support of her motion. Roskam Stivers Williams lies. But too many people like Dot have Ross Taylor Wilson (SC) Mrs. BUSTOS. Mr. Speaker, this final been left behind. Rothfus Tenney Wittman amendment says plainly that the Secu- So what are we going to do? What is Womack Rouzer Thompson (PA) rities and Exchange Commission ahead? Royce (CA) Thornberry Woodall should take into account whether any Russell Tiberi Yoder In just 9 days, President-elect Trump Sanford Tipton Yoho proposed rule will have an impact on will take the oath of office after run- Scalise Trott Young (AK) outsourcing American jobs. ning on a platform of making America Schweikert Turner Young (IA) Many of us, especially those of us in great again. He said he would do that Scott, Austin Upton Zeldin the industrial heartland, represent re- by bringing home jobs that had been NOT VOTING—7 gions that have experienced serious job sent overseas. Frankel (FL) Price, Tom (GA) Zinke losses because of companies sending Well, many my colleagues on this Mulvaney Rutherford jobs overseas. I will tell you a little bit side of the aisle have been fighting to Pompeo Ryan (OH) about mine. protect American jobs for years. In ANNOUNCEMENT BY THE ACTING CHAIR I have the honor of serving Illinois’ fact, we have put forth real solutions The Acting CHAIR (during the vote). 17th Congressional District. Most of to spur growth in the manufacturing There is 1 minute remaining. my district is rural. It spans 7,000 sector and get our middle class back to b 1650 square miles, 14 counties, and covers work. We have introduced more than 80 the entire northwestern region of the bills in our Make It In America agenda, So the amendment was rejected. State of Illinois. We are the world but we have been blocked at so many The result of the vote was announced headquarters for John Deere. You have turns. as above recorded. probably seen the tractors or the com- So what kind of legislation is making The Acting CHAIR. There being no bines out there on the farmland. it to the House floor instead? Bills like further amendments, under the rule, We are also the world headquarters the one we are going to be voting on the Committee rises. for Caterpillar, and, as you have trav- soon; bills that would make it more Accordingly, the Committee rose; eled around our country and around difficult for the Securities and Ex- and the Speaker pro tempore (Mr. our world, you have probably also seen change Commission to protect inves- SIMPSON) having assumed the chair, the yellow, big, earth-moving equip- tors and consumers, would make it Mr. PALMER, Acting Chair of the Com- ment. That comes from my congres- more difficult for that to happen, and mittee of the Whole House on the state sional district. bills that would gamble the retirement of the Union, reported that that Com- But like many parts of our heartland, savings of everyday Americans as if we mittee, having had under consideration our region has seen far too many man- were a Trump casino. the bill (H.R. 78) to improve the consid- ufacturing jobs shipped overseas. I am Working families deserve more than eration by the Securities and Exchange going to give you a couple of examples. a bumper sticker slogan. They know Commission of the costs and benefits of In a town called Galesburg, Illinois, that talk can be cheap in a place like its regulations and orders, and, pursu- we had a Maytag plant that made re- Washington, D.C., and they are tired of ant to House Resolution 40, he reported frigerators. Overnight, every last one politicians putting billionaires over the bill back to the House with an of those jobs was shipped to Mexico. A the little guy. That is why this motion amendment adopted in the Committee dozen years later, the wages there still would ensure that our focus is on of the Whole. have not recovered because of that out- bringing back outsourced jobs. The SPEAKER pro tempore. Under sourcing. Working families need to know that the rule, the previous question is or- We have a town called Hanover, Illi- we here in Washington are fighting for dered. nois, a little, bitty town in north- them. Please join me, and let’s show The question is on the amendment. western Illinois. There was a plant the American people that we are seri- The amendment was agreed to. called Robertshaw. They made little ous about this issue. The SPEAKER pro tempore. The valves that go inside of washing ma- Mr. Speaker, I yield back the balance question is on the engrossment and chines and dishwashers that measured of my time. third reading of the bill. the water that would flow through. Mr. HUIZENGA. Mr. Speaker, I claim The bill was ordered to be engrossed There was nearly a zero percent defect the time in opposition. The SPEAKER pro tempore. The gen- and read a third time, and was read the rate on what was produced out of that tleman from Michigan is recognized for third time. plant, and the company was profitable. 5 minutes. MOTION TO RECOMMIT And yet, every last one of those jobs Mr. HUIZENGA. Mr. Speaker, I have Mrs. BUSTOS. Mr. Speaker, I have a went to Mexico. to commend my colleague. This is motion to recommit at the desk. And then we had a company called close, but this isn’t horseshoes. Words The SPEAKER pro tempore. Is the Sensata. They made auto part sensors, have meaning. And I have to tell you gentlewoman opposed to the bill? and it was bought out by a company that our underlying bill does actually Mrs. BUSTOS. Mr. Speaker, I am op- called Bain Capital. You might know a do what you are talking about. posed. little bit about this company called The SPEAKER pro tempore. The Bain Capital. And they shipped every b 1700 Clerk will report the motion to recom- one of those jobs over to China. I will direct you to page 4. mit. I have made friends with a lot of the Page 4: ‘‘evaluate whether, con- The Clerk read as follows: workers there, one of whom is named sistent with obtaining regulatory ob- Mrs. Bustos moves to recommit the bill, Dot Turner. She had worked there for jectives, the regulation is tailored to H.R. 78 to the Committee on Financial Serv- 40-plus years, started right out of high impose the least burden on society, in- ices with instructions to report the same school. And she had the indignity of— cluding market participants, individ- back to the House forthwith, with the fol- the last function that she had to do at uals, businesses of different sizes, and lowing amendment: Page 4, after line 25, insert the following: that plant was to scrape the tape off other entities, including State and ‘‘(C) CONSIDERATION OF THE POTENTIAL OUT- the floor that laid the area for where local government entities, taking into SOURCING OF U.S. JOBS.—In making a rea- the machinery had been; that was what account, to the extent practicable, the soned determination of the costs and bene- she had to do. cumulative costs of regulations.’’

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.035 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H447 So, what we have here, Mr. Speaker, Hastings Maloney, Sa´ nchez Reichert Scott, Austin Upton is a problem. We have a problem with Heck Carolyn B. Sarbanes Renacci Sensenbrenner Valadao Higgins (NY) Maloney, Sean Schakowsky Rice (SC) Sessions Wagner U.S. businesses not performing the way Himes Matsui Schiff Roby Shimkus Walberg that they should. We have to under- Hoyer McCollum Schneider Roe (TN) Shuster Walden stand, though, why that is happening. Huffman McEachin Schrader Rogers (AL) Simpson Walker Jackson Lee McGovern Scott (VA) Rogers (KY) Smith (MO) Walorski I have to point out to my colleague Jayapal McNerney Scott, David Rohrabacher Smith (NE) Walters, Mimi that, frankly, we have fewer publicly Jeffries Meeks Serrano Rokita Smith (NJ) Weber (TX) traded companies in this country right Johnson (GA) Meng Sewell (AL) Rooney, Francis Smith (TX) Webster (FL) now. You have to ask yourself why. Johnson, E. B. Moore Shea-Porter Rooney, Thomas Smucker Wenstrup Jones Moulton Sherman J. Stefanik Westerman We have virtually no IPOs happening Kaptur Murphy (FL) Sinema Ros-Lehtinen Stewart Williams in this country. You have to ask your- Keating Nadler Sires Roskam Stivers Wilson (SC) self why. Kelly (IL) Napolitano Slaughter Ross Taylor Wittman Kennedy Neal Smith (WA) Rothfus Tenney Womack Well, we know the answer. It is be- Rouzer Thompson (PA) Woodall Khanna Nolan Soto Kihuen Norcross Royce (CA) Thornberry Yoder cause we have overly burdened our- Speier Kildee O’Halleran Russell Tiberi Yoho selves in this country and are no longer Suozzi Kilmer O’Rourke Sanford Tipton Young (AK) Swalwell (CA) competitive. Kind Pallone Scalise Trott Young (IA) Takano In fact, here is what I look forward to Krishnamoorthi Panetta Schweikert Turner Zeldin Thompson (CA) on January 21: I look forward to repeal- Kuster (NH) Pascrell Langevin Payne Thompson (MS) NOT VOTING—7 ing the Tax Code that we have, and Titus Larsen (WA) Pelosi Frankel (FL) Price, Tom (GA) Zinke Tonko then we don’t have to worry; I am Larson (CT) Perlmutter Mulvaney Rutherford looking forward to repealing Lawrence Peters Torres Pompeo Ryan (OH) Lawson (FL) Peterson Tsongas ObamaCare, and then we don’t have to Vargas Lee Pingree 1706 worry; I am looking forward to real Levin Pocan Veasey b regulatory reform, and then we don’t Lewis (GA) Polis Vela So the motion to recommit was re- Vela´ zquez have to worry about that as a country. Lieu, Ted Price (NC) jected. Lipinski Quigley Visclosky So, while this may be close on the ob- Loebsack Raskin Walz The result of the vote was announced jective of what our sponsor is trying to Lofgren Rice (NY) Wasserman as above recorded. do, I would recommend voting against Lowenthal Richmond Schultz The SPEAKER pro tempore. The this motion to recommit and vote for Lowey Rosen Waters, Maxine Lujan Grisham, Roybal-Allard Watson Coleman question is on the passage of the bill. the underlying bill. M. Ruiz Welch The question was taken; and the Mr. Speaker, I yield back the balance Luja´ n, Ben Ray Ruppersberger Wilson (FL) Speaker pro tempore announced that of my time. Lynch Rush Yarmuth the ayes appeared to have it. The SPEAKER pro tempore. Without NOES—232 RECORDED VOTE objection, the previous question is or- Abraham DesJarlais Kelly (PA) Ms. MAXINE WATERS of California. dered on the motion to recommit. Aderholt Diaz-Balart King (IA) Mr. Speaker, I demand a recorded vote. There was no objection. Allen Donovan King (NY) A recorded vote was ordered. The SPEAKER pro tempore. The Amash Duffy Kinzinger The SPEAKER pro tempore. This question is on the motion to recommit. Amodei Duncan (SC) Knight Arrington Dunn Kustoff (TN) will be a 5-minute vote. The question was taken; and the Babin Emmer Labrador The vote was taken by electronic de- Speaker pro tempore announced that Bacon Farenthold LaHood vice, and there were—ayes 243, noes 184, the noes appeared to have it. Banks (IN) Faso LaMalfa Barletta Ferguson Lamborn not voting 7, as follows: RECORDED VOTE Barr Fitzpatrick Lance [Roll No. 51] Mrs. BUSTOS. Mr. Speaker, I demand Barton Fleischmann Latta Bergman Flores Lewis (MN) AYES—243 a recorded vote. Beutler Fortenberry LoBiondo Abraham Collins (GA) Gowdy A recorded vote was ordered. Biggs Foxx Long Aderholt Collins (NY) Granger The SPEAKER pro tempore. This Bilirakis Franks (AZ) Loudermilk Allen Comer Graves (GA) Bishop (MI) Frelinghuysen Love Amash Comstock Graves (LA) will be a 5-minute vote. Bishop (UT) Gaetz Lucas Amodei Conaway Graves (MO) Pursuant to clause 9 of rule XX, this Black Gallagher Luetkemeyer Arrington Cook Griffith 5-minute vote on the motion to recom- Blackburn Garrett MacArthur Babin Costello (PA) Grothman mit will be followed by a 5-minute vote Bost Gibbs Marchant Bacon Cramer Guthrie Brady (TX) Gohmert Marino Banks (IN) Crawford Harper on passage of the bill, if ordered. Brat Goodlatte Marshall Barletta Cuellar Harris The vote was taken by electronic de- Bridenstine Gosar Massie Barr Culberson Hartzler vice, and there were—ayes 195, noes 232, Brooks (AL) Gowdy Mast Barton Curbelo (FL) Hensarling Brooks (IN) Granger McCarthy Bergman Davidson Hice, Jody B. not voting 7, as follows: Buchanan Graves (GA) McCaul Beutler Davis, Rodney Higgins (LA) [Roll No. 50] Buck Graves (LA) McClintock Biggs Denham Hill Bucshon Graves (MO) McHenry Bilirakis Dent Holding AYES—195 Budd Griffith McKinley Bishop (GA) DeSantis Hollingsworth Adams Castro (TX) Demings Burgess Grothman McMorris Bishop (MI) DesJarlais Hudson Aguilar Chu, Judy DeSaulnier Byrne Guthrie Rodgers Bishop (UT) Diaz-Balart Huizenga Barraga´ n Cicilline Deutch Calvert Harper McSally Black Donovan Hultgren Bass Clark (MA) Dingell Carter (GA) Harris Meadows Blackburn Duffy Hunter Beatty Clarke (NY) Doggett Carter (TX) Hartzler Meehan Blum Duncan (SC) Hurd Becerra Clay Doyle, Michael Chabot Hensarling Messer Bost Duncan (TN) Issa Bera Cleaver F. Chaffetz Hice, Jody B. Mitchell Brady (TX) Dunn Jenkins (KS) Beyer Clyburn Duncan (TN) Cheney Higgins (LA) Moolenaar Brat Emmer Jenkins (WV) Bishop (GA) Cohen Ellison Coffman Hill Mooney (WV) Bridenstine Farenthold Johnson (LA) Blum Connolly Engel Cole Holding Mullin Brooks (AL) Faso Johnson (OH) Blumenauer Conyers Eshoo Collins (GA) Hollingsworth Murphy (PA) Brooks (IN) Ferguson Johnson, Sam Blunt Rochester Cooper Espaillat Collins (NY) Hudson Newhouse Buchanan Fitzpatrick Jordan Bonamici Correa Esty Comer Huizenga Noem Buck Fleischmann Joyce (OH) Boyle, Brendan Costa Evans Comstock Hultgren Nunes Bucshon Flores Katko F. Courtney Foster Conaway Hunter Olson Budd Fortenberry Kelly (MS) Brady (PA) Crist Fudge Cook Hurd Palazzo Burgess Foxx Kelly (PA) Brown (MD) Crowley Gabbard Costello (PA) Issa Palmer Byrne Franks (AZ) King (IA) Brownley (CA) Cuellar Gallego Cramer Jenkins (KS) Paulsen Calvert Frelinghuysen King (NY) Bustos Cummings Garamendi Crawford Jenkins (WV) Pearce Ca´ rdenas Gaetz Kinzinger Butterfield Davis (CA) Gonzalez (TX) Culberson Johnson (LA) Perry Carter (GA) Gallagher Knight Capuano Davis, Danny Gottheimer Curbelo (FL) Johnson (OH) Pittenger Carter (TX) Garrett Kustoff (TN) Carbajal DeFazio Green, Al Davidson Johnson, Sam Poe (TX) Chabot Gibbs Labrador Ca´ rdenas DeGette Green, Gene Davis, Rodney Jordan Poliquin Chaffetz Gohmert LaHood Carson (IN) Delaney Grijalva Denham Joyce (OH) Posey Cheney Goodlatte LaMalfa Cartwright DeLauro Gutie´rrez Dent Katko Ratcliffe Coffman Gosar Lamborn Castor (FL) DelBene Hanabusa DeSantis Kelly (MS) Reed Cole Gottheimer Lance

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.094 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H448 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Latta Peters Smith (NE) Torres Vela´ zquez Waters, Maxine Babin Graves (GA) Palmer Lewis (MN) Pittenger Smith (NJ) Tsongas Visclosky Watson Coleman Bacon Graves (LA) Paulsen LoBiondo Poe (TX) Smith (TX) Vargas Walz Welch Banks (IN) Graves (MO) Pearce Long Poliquin Smucker Veasey Wasserman Wilson (FL) Barletta Griffith Perry Loudermilk Posey Stefanik Vela Schultz Yarmuth Barr Grothman Pittenger Love Ratcliffe Stewart Barton Guthrie Poe (TX) NOT VOTING—7 Lucas Reed Stivers Bergman Harper Poliquin Luetkemeyer Reichert Suozzi Frankel (FL) Price, Tom (GA) Zinke Beutler Harris Posey MacArthur Renacci Taylor Mulvaney Rutherford Biggs Hartzler Ratcliffe Marchant Rice (SC) Tenney Pompeo Ryan (OH) Bilirakis Hensarling Reed Marino Roby Thompson (PA) Bishop (MI) Hice, Jody B. Reichert Marshall Roe (TN) Thornberry b 1712 Bishop (UT) Higgins (LA) Renacci Massie Rogers (AL) Black Hill Tiberi So the bill was passed. Rice (SC) Mast Rogers (KY) Tipton Blackburn Holding Roby McCarthy Rohrabacher Trott The result of the vote was announced Blum Hollingsworth Roe (TN) McCaul Rokita Turner as above recorded. Bost Hudson Rogers (AL) McClintock Rooney, Francis Upton Brady (TX) Huffman Rogers (KY) McHenry Rooney, Thomas A motion to reconsider was laid on Brat Huizenga Valadao Rohrabacher McKinley J. the table. Bridenstine Hultgren Wagner Rokita McMorris Ros-Lehtinen Brooks (AL) Hunter Walberg Rooney, Francis Rodgers Rosen f Brooks (IN) Hurd Walden Rooney, Thomas McSally Roskam Buchanan Issa Walker J. Meadows Ross COMMODITY END-USER RELIEF Buck Jenkins (KS) Walorski Ros-Lehtinen Meehan Rothfus ACT Bucshon Jenkins (WV) Messer Rouzer Walters, Mimi Budd Johnson (GA) Roskam Mitchell Royce (CA) Weber (TX) The SPEAKER pro tempore. Pursu- Burgess Johnson (LA) Ross Moolenaar Russell Webster (FL) ant to House Resolution 40 and rule Byrne Johnson (OH) Rothfus Mooney (WV) Sanford Wenstrup XVIII, the Chair declares the House in Calvert Johnson, Sam Rouzer Westerman Royce (CA) Mullin Scalise the Committee of the Whole House on Carter (GA) Jordan Murphy (PA) Schrader Williams Carter (TX) Joyce (OH) Russell Newhouse Schweikert Wilson (SC) the state of the Union for the further Chabot Katko Sanford Noem Scott, Austin Wittman consideration of the bill, H.R. 238. Chaffetz Kelly (MS) Scalise Nunes Sensenbrenner Womack Will the gentleman from Georgia Cheney Kelly (PA) Schweikert Olson Sessions Woodall Coffman King (IA) Scott, Austin Palazzo Shimkus Yoder (Mr. CARTER) kindly take the chair. Cole King (NY) Sensenbrenner Palmer Shuster Yoho Collins (GA) Kinzinger Sessions Paulsen Simpson Young (AK) b 1713 Collins (NY) Knight Shimkus Shuster Pearce Sinema Young (IA) IN THE COMMITTEE OF THE WHOLE Comer Kustoff (TN) Perry Smith (MO) Zeldin Comstock Labrador Simpson Accordingly, the House resolved Conaway LaHood Smith (MO) NOES—184 itself into the Committee of the Whole Cook LaMalfa Smith (NE) Costello (PA) Lamborn Smith (NJ) Adams Espaillat Matsui House on the state of the Union for the Cramer Lance Smith (TX) Aguilar Esty McCollum further consideration of the bill (H.R. Crawford Latta Smucker Barraga´ n Evans McEachin 238) to reauthorize the Commodity Fu- Culberson Lewis (MN) Stefanik Bass Foster McGovern Curbelo (FL) LoBiondo Stewart Beatty Fudge McNerney tures Trading Commission, to better protect futures customers, to provide Davidson Long Stivers Becerra Gabbard Meeks Davis, Rodney Loudermilk Bera Gallego Meng Taylor end-users with market certainty, to Denham Love Tenney Beyer Garamendi Moore make basic reforms to ensure trans- Dent Lucas Blumenauer Gonzalez (TX) Moulton Thompson (PA) parency and accountability at the DeSantis Luetkemeyer Thornberry Blunt Rochester Green, Al Murphy (FL) DesJarlais MacArthur Bonamici Green, Gene Nadler Commission, to help farmers, ranchers, Tiberi Diaz-Balart Marchant Tipton Boyle, Brendan Grijalva Napolitano and end-users manage risks, to help Donovan Marino ´ Trott F. Gutierrez Neal Duffy Marshall keep consumer costs low, and for other Turner Brady (PA) Hanabusa Nolan Duncan (SC) Massie purposes, with Mr. CARTER of Georgia Upton Brown (MD) Hastings Norcross Duncan (TN) Mast Valadao Brownley (CA) Heck O’Halleran (Acting Chair) in the chair. Dunn McCarthy Wagner Bustos Higgins (NY) O’Rourke The Clerk read the title of the bill. Emmer McCaul Butterfield Himes Pallone Walberg The Acting CHAIR. When the Com- Farenthold McClintock Capuano Hoyer Panetta Faso McHenry Walden Carbajal Huffman Pascrell mittee of the Whole rose earlier today, Ferguson McKinley Walker Carson (IN) Jackson Lee Payne amendment No. 8 printed in part B of Fitzpatrick McMorris Walorski Cartwright Jayapal Pelosi Fleischmann Rodgers Walters, Mimi Castor (FL) Jeffries Perlmutter House Report 115–3 offered by the gen- Weber (TX) tlewoman from Missouri (Mrs. Flores McSally Castro (TX) Johnson (GA) Peterson Fortenberry Meadows Webster (FL) Chu, Judy Johnson, E. B. Pingree HARTZLER) had been disposed of. Foxx Meehan Wenstrup Cicilline Jones Pocan Westerman AMENDMENT NO. 4 OFFERED BY MR. CONAWAY Franks (AZ) Messer Clark (MA) Kaptur Polis Frelinghuysen Mitchell Williams Clarke (NY) Keating Price (NC) The Acting CHAIR. The unfinished Gaetz Moolenaar Wilson (SC) Clay Kelly (IL) Quigley business is the demand for a recorded Gallagher Mooney (WV) Wittman Cleaver Kennedy Raskin vote on the amendment offered by the Garrett Mullin Womack Clyburn Khanna Rice (NY) Gibbs Murphy (PA) Woodall gentleman from Texas (Mr. CONAWAY) Cohen Kihuen Richmond Gohmert Newhouse Yoder Connolly Kildee Roybal-Allard on which further proceedings were Goodlatte Noem Yoho Conyers Kilmer Ruiz postponed and on which the ayes pre- Gosar Nunes Young (AK) Cooper Kind Ruppersberger vailed by voice vote. Gowdy Olson Young (IA) Correa Krishnamoorthi Rush Granger Palazzo Zeldin Costa Kuster (NH) Sa´ nchez The Clerk will redesignate the Courtney Langevin Sarbanes amendment. NOES—191 Crist Larsen (WA) Schakowsky Crowley Larson (CT) Schiff The Clerk redesignated the amend- Adams Capuano Costa Cummings Lawrence Schneider ment. Aguilar Carbajal Courtney Davis (CA) Lawson (FL) Scott (VA) RECORDED VOTE Barraga´ n Ca´ rdenas Crist Davis, Danny Lee Scott, David Bass Carson (IN) The Acting CHAIR. A recorded vote Crowley DeFazio Levin Serrano Beatty Cartwright Cuellar DeGette Lewis (GA) Sewell (AL) has been demanded. Becerra Castor (FL) Cummings Delaney Lieu, Ted Shea-Porter A recorded vote was ordered. Bera Castro (TX) Davis (CA) DeLauro Lipinski Sherman Beyer Chu, Judy Davis, Danny DelBene Loebsack Sires The Acting CHAIR. This will be a 2- Bishop (GA) Cicilline DeFazio Demings Lofgren Slaughter minute vote. Blumenauer Clark (MA) DeGette DeSaulnier Lowenthal Smith (WA) Blunt Rochester Clarke (NY) The vote was taken by electronic de- Delaney Deutch Lowey Soto vice, and there were—ayes 236, noes 191, Bonamici Clay Dingell Lujan Grisham, Speier Boyle, Brendan Cleaver DeLauro Doggett M. Swalwell (CA) not voting 7, as follows: F. Clyburn DelBene Doyle, Michael Luja´ n, Ben Ray Takano [Roll No. 52] Brady (PA) Cohen Demings F. Lynch Thompson (CA) Brown (MD) Connolly DeSaulnier Ellison Maloney, Thompson (MS) AYES—236 Brownley (CA) Conyers Deutch Engel Carolyn B. Titus Abraham Allen Amodei Bustos Cooper Dingell Eshoo Maloney, Sean Tonko Aderholt Amash Arrington Butterfield Correa Doggett

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.038 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H449 Doyle, Michael Levin Richmond ported from the Committee of the cently confirmed by the brave men and F. Lewis (GA) Rosen Whole? women serving their country as part of Ellison Lieu, Ted Roybal-Allard Engel Lipinski Ruiz If not, the question is on the amend- the intelligence community for whom I Eshoo Loebsack Ruppersberger ment in the nature of a substitute, as have great respect. The contours of Espaillat Lofgren Rush amended. what happened are indisputable, and Esty Lowenthal Sa´ nchez The amendment was agreed to. they should be undisputed. Evans Lowey Sarbanes Foster Lujan Grisham, Schakowsky The SPEAKER pro tempore. The Yet, our response to this unprece- Fudge M. Schiff question is on the engrossment and dented attack has been anything but ´ Gabbard Lujan, Ben Ray Schneider third reading of the bill. unified. Putin and his henchmen acted Gallego Lynch Schrader Garamendi Maloney, The bill was ordered to be engrossed with an intent to sow discord, to make Scott (VA) us question each other’s motives, and Gonzalez (TX) Carolyn B. Scott, David and read a third time, and was read the Gottheimer Maloney, Sean Serrano third time. to raise doubt about the validity of our Green, Al Matsui Sewell (AL) election results. We know this was Green, Gene McCollum MOTION TO RECOMMIT Shea-Porter Grijalva McEachin Putin’s intent, and yet, rather than Sherman Mr. LANGEVIN. Mr. Speaker, I have Gutie´rrez McGovern acting with solidarity to address the Sinema Hanabusa McNerney a motion to recommit at the desk. Sires problem, we bicker. Hastings Meeks The SPEAKER pro tempore. Is the Mr. Speaker, next Friday, I will be Heck Meng Slaughter gentleman opposed to the bill? Smith (WA) here at the Capitol for one of the great- Higgins (NY) Moore Mr. LANGEVIN. I am opposed. Himes Moulton Soto est American traditions, the peaceful Hoyer Murphy (FL) Speier The SPEAKER pro tempore. The Suozzi transition of power. Mr. Trump may Jackson Lee Nadler Clerk will report the motion to recom- not have been my choice for President, Jayapal Napolitano Swalwell (CA) mit. Takano but, come next week, he will nonethe- Jeffries Neal The Clerk read as follows: Johnson, E. B. Nolan Thompson (CA) less be my President. I will join with Jones Norcross Thompson (MS) Mr. Langevin moves to recommit the bill Titus my colleagues here, and we will con- Kaptur O’Halleran H.R. 238 to the Committee on Agriculture gratulate him on his inauguration. We Keating O’Rourke Tonko with instructions to report the same back to Torres will do so because there is no evidence Kelly (IL) Pallone the House forthwith with the following Kennedy Panetta Tsongas amendment: that any vote tallies were altered and, Khanna Pascrell Vargas like it or not, Mr. Trump clearly pre- Kihuen Payne Veasey Page 44, line 15, strike ‘‘and’’. Kildee Pelosi Vela Page 44, after line 15, insert the following: vailed in the electoral college. Kilmer Perlmutter Vela´ zquez (B) the Commission shall not consider the But if we can join together on the Kind Peters Visclosky swaps regulatory requirements of a foreign election of the President, something Krishnamoorthi Peterson Walz jurisdiction described under subparagraph many of my colleagues have severe dis- Kuster (NH) Pingree Wasserman (A) as comparable to and as comprehensive Langevin Pocan Schultz agreements about, why can we not do Larsen (WA) Polis Waters, Maxine as United States swaps requirements, if that so to decry Putin’s attempted inter- Larson (CT) Price (NC) Watson Coleman foreign jurisdiction has been found by the ference? Why do we not speak today as Commission, in consultation with the Direc- Lawrence Quigley Welch a body with one voice to say: you’ve Lawson (FL) Raskin Wilson (FL) tor of National Intelligence, to have engaged Lee Rice (NY) Yarmuth in cyber-attacks targeting any election held failed, Mr. Putin; our faith in our de- mocracy is as strong as ever? NOT VOTING—7 in the United States; and Page 44, line 16, strike ‘‘(B)’’ and insert I will not pretend that my amend- Frankel (FL) Price, Tom (GA) Zinke ‘‘(C)’’. ment to this bill is sufficient punish- Mulvaney Rutherford Pompeo Ryan (OH) The SPEAKER pro tempore. The gen- ment for the brazen attack on our de- tleman from Rhode Island is recognized mocracy. But it will send a powerful b 1717 for 5 minutes. message that this House is unified. It So the amendment was agreed to. Mr. LANGEVIN. Mr. Speaker, this is will send a powerful message to Putin The result of the vote was announced the final amendment to the bill, which that American democracy is resilient. as above recorded. will not kill the bill or send it back to It will send a powerful message to our The Acting CHAIR. The question is committee. If adopted, the bill will im- allies that we will not stand idly by as on the amendment in the nature of a mediately proceed to a vote on final Russians attempt to affect their demo- substitute, as amended. passage as amended. cratic institutions. And it will send a The amendment was agreed to. Mr. Speaker, the amendment I am of- powerful message to our constituents The Acting CHAIR. Under the rule, fering this afternoon is simple. It that our commitment to free and fair the Committee rises. would prevent any jurisdiction’s swap elections rises above partisan politics. President Obama spoke very elo- Accordingly, the Committee rose; laws from automatically being consid- quently on Tuesday about the chal- and the Speaker pro tempore (Mr. ered comparable to the United States if lenges faced by our democracy. ‘‘Our HOLDING) having assumed the chair, it is found to have engaged in cyber at- democracy is threatened,’’ he said, Mr. CARTER of Georgia, Acting Chair of tacks targeting U.S. elections. As ‘‘whenever we take it for granted.’’ the Committee of the Whole House on someone who has been involved in cy- Passing this amendment makes it the state of the Union, reported that bersecurity policy for the better part of abundantly clear that we very much that Committee, having had under con- a decade, it could not be more relevant, understand how lucky we are to live in sideration the bill (H.R. 238) to reau- it could not be more timely. this country and how attacks on it will thorize the Commodity Futures Trad- During the past year, Mr. Speaker, not be tolerated. I will reiterate that ing Commission, to better protect fu- the core of our democracy came under this amendment will not kill the bill in tures customers, to provide end-users attack. The Russian Government, act- any way. Rather, we will move imme- with market certainty, to make basic ing under the orders of authoritarian diately to vote on final passage fol- reforms to ensure transparency and ac- President Vladimir Putin, conducted a lowing its adoption. countability at the Commission, to sustained information warfare cam- I urge my colleagues to join me in help farmers, ranchers, and end-users paign designed to undermine the Amer- this display of solidarity and resil- manage risks, to help keep consumer ican people’s faith in our electoral sys- ience. costs low, and for other purposes, and, tem. The influence operation involved Mr. Speaker, I yield back the balance pursuant to House Resolution 40, he re- traditional tradecraft, including Rus- of my time. ported the bill back to the House with sian state-owned media broadcasters. Mr. CONAWAY. Mr. Speaker, I claim an amendment adopted in the Com- It also, notably and notoriously, in- the time in opposition. mittee of the Whole. volved the hacking of Democratic The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Under Party organizations, including the tleman from Texas is recognized for 5 the rule, the previous question is or- Democratic National Committee. minutes. dered. These are facts, Mr. Speaker. They Mr. CONAWAY. Mr. Speaker, I rise in Is a separate vote demanded on any are the findings of independent secu- opposition to the gentleman’s amend- amendment to the amendment re- rity researchers that have been re- ment. Those of you who paid attention

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.043 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H450 CONGRESSIONAL RECORD — HOUSE January 12, 2017 to the debate earlier in the day will Larson (CT) O’Halleran Sewell (AL) Sessions Thompson (PA) Weber (TX) find it curious that much of the debate, Lawrence O’Rourke Shea-Porter Shimkus Thornberry Webster (FL) Lawson (FL) Pallone Sherman Shuster Tiberi Wenstrup some of the debate, was about the spec- Lee Panetta Sinema Simpson Tipton Westerman ificity with which we instructed the Levin Pascrell Sires Smith (MO) Trott Williams CFTC to set up a regime in which to Lewis (GA) Payne Slaughter Smith (NE) Turner Wilson (SC) Smith (NJ) Upton Wittman evaluate foreign jurisdictions, and it Lieu, Ted Pelosi Smith (WA) Lipinski Perlmutter Soto Smith (TX) Valadao Womack irritated the group. In fact, many of Loebsack Peters Speier Smucker Wagner Woodall them are voting against it because that Lofgren Peterson Suozzi Stefanik Walberg Yoder Lowenthal Pingree Swalwell (CA) Stewart Walden Yoho is in the underlying bill that is there, Stivers Walker Young (AK) Lowey Pocan Takano so I oppose the gentleman’s amend- Lujan Grisham, Polis Taylor Walorski Young (IA) Thompson (CA) M. Price (NC) Tenney Walters, Mimi Zeldin ment. Thompson (MS) Luja´ n, Ben Ray Quigley I also don’t know that it wouldn’t re- Titus Lynch Raskin NOT VOTING—9 Tonko quire a referral to the Permanent Se- Maloney, Sean Rice (NY) Frankel (FL) Mulvaney Ryan (OH) Torres lect Committee on Intelligence, and Matsui Richmond Gutie´rrez Pompeo Zinke McCollum Rosen Tsongas Maloney, Price, Tom (GA) while the vaunted Committee on Agri- Vargas culture would love to claim all the ju- McEachin Roybal-Allard Carolyn B. Rutherford McGovern Ruiz Veasey risdiction we possibly could, I am not McNerney Ruppersberger Vela b 1734 interested in referring it to a different Meeks Rush Vela´ zquez Visclosky So the motion to recommit was re- committee. Meng Sa´ nchez Moore Sarbanes Walz jected. For 4 years now, the end users and Moulton Schakowsky Wasserman The result of the vote was announced folks have been waiting to get this Murphy (FL) Schiff Schultz as above recorded. thing done. It is time for us to get it Nadler Schneider Waters, Maxine Watson Coleman The SPEAKER pro tempore. The done. I urge my colleagues to vote Napolitano Schrader Neal Scott (VA) Welch question is on the passage of the bill. against this motion to recommit and Nolan Scott, David Wilson (FL) The question was taken; and the support the Commodity End-User Re- Norcross Serrano Yarmuth Speaker pro tempore announced that lief Act. the ayes appeared to have it. Mr. Speaker, I yield back the balance NOES—235 Mr. PETERSON. Mr. Speaker, on of my time. Abraham Farenthold Loudermilk Aderholt Faso Love that I demand the yeas and nays. The SPEAKER pro tempore. Without Allen Ferguson Lucas The yeas and nays were ordered. objection, the previous question is or- Amash Fitzpatrick Luetkemeyer The SPEAKER pro tempore. This is a dered on the motion to recommit. Amodei Fleischmann MacArthur 5-minute vote. There was no objection. Arrington Flores Marchant Babin Fortenberry Marino The vote was taken by electronic de- The SPEAKER pro tempore. The Bacon Foxx Marshall vice, and there were—yeas 239, nays question is on the motion to recommit. Banks (IN) Franks (AZ) Massie 182, not voting 13, as follows: The question was taken; and the Barletta Frelinghuysen Mast Barr Gaetz McCarthy [Roll No. 54] Speaker pro tempore announced that Barton Gallagher McCaul the noes appeared to have it. Bergman Garrett McClintock YEAS—239 RECORDED VOTE Beutler Gibbs McHenry Abraham Culberson Hunter Biggs Gohmert McKinley Aderholt Curbelo (FL) Hurd Mr. LANGEVIN. Mr. Speaker, I de- Bilirakis Goodlatte McMorris Allen Davidson Issa mand a recorded vote. Bishop (MI) Gosar Rodgers Amash Davis, Rodney Jenkins (KS) A recorded vote was ordered. Bishop (UT) Gowdy McSally Amodei Denham Jenkins (WV) Black Granger Meadows Arrington Dent Johnson (LA) The SPEAKER pro tempore. Pursu- Blackburn Graves (GA) Meehan Babin DeSantis Johnson (OH) ant to clause 9 of rule XX, the 5-minute Blum Graves (LA) Messer Bacon DesJarlais Johnson, Sam vote on the motion to recommit will be Bost Graves (MO) Mitchell Banks (IN) Diaz-Balart Jordan Brady (TX) Griffith Moolenaar Barletta Donovan Joyce (OH) followed by a 5-minute vote on passage Brat Grothman Mooney (WV) Barr Duffy Katko of the bill, if ordered. Bridenstine Guthrie Mullin Barton Duncan (SC) Kelly (MS) The vote was taken by electronic de- Brooks (AL) Harper Murphy (PA) Bergman Duncan (TN) Kelly (PA) vice, and there were—ayes 190, noes 235, Brooks (IN) Harris Newhouse Beutler Dunn King (IA) Buchanan Hartzler Noem Biggs Emmer King (NY) not voting 9, as follows: Buck Hensarling Nunes Bilirakis Farenthold Kinzinger [Roll No. 53] Bucshon Hice, Jody B. Olson Bishop (GA) Faso Knight Budd Higgins (LA) Palazzo Bishop (MI) Ferguson Kustoff (TN) AYES—190 Burgess Hill Palmer Bishop (UT) Fitzpatrick Labrador Adams Cohen Gabbard Byrne Holding Paulsen Black Fleischmann LaHood Aguilar Connolly Gallego Calvert Hollingsworth Pearce Blackburn Flores LaMalfa Barraga´ n Conyers Garamendi Carter (GA) Hudson Perry Blum Fortenberry Lamborn Bass Cooper Gonzalez (TX) Carter (TX) Huizenga Pittenger Bost Foxx Lance Beatty Correa Gottheimer Chabot Hultgren Poe (TX) Brady (TX) Franks (AZ) Latta Becerra Costa Green, Al Chaffetz Hunter Poliquin Brat Frelinghuysen Lewis (MN) Bera Courtney Green, Gene Cheney Hurd Posey Bridenstine Gaetz LoBiondo Beyer Crist Grijalva Coffman Issa Ratcliffe Brooks (AL) Gallagher Long Bishop (GA) Crowley Hanabusa Cole Jenkins (KS) Reed Brooks (IN) Gibbs Loudermilk Blumenauer Cuellar Hastings Collins (GA) Jenkins (WV) Reichert Buchanan Gohmert Love Blunt Rochester Cummings Heck Collins (NY) Johnson (LA) Renacci Buck Goodlatte Lucas Bonamici Davis (CA) Higgins (NY) Comer Johnson (OH) Rice (SC) Bucshon Gosar Luetkemeyer Boyle, Brendan Davis, Danny Himes Comstock Johnson, Sam Roby Budd Gottheimer MacArthur F. DeFazio Hoyer Conaway Jones Roe (TN) Burgess Gowdy Marchant Brady (PA) DeGette Huffman Cook Jordan Rogers (AL) Byrne Granger Marino Brown (MD) Delaney Jackson Lee Costello (PA) Joyce (OH) Rogers (KY) Calvert Graves (GA) Marshall Brownley (CA) DeLauro Jayapal Cramer Katko Rohrabacher Carter (GA) Graves (LA) Massie Bustos DelBene Jeffries Crawford Kelly (MS) Rokita Carter (TX) Graves (MO) Mast Butterfield Demings Johnson (GA) Culberson Kelly (PA) Rooney, Francis Chabot Griffith McCarthy Capuano DeSaulnier Johnson, E. B. Curbelo (FL) King (IA) Rooney, Thomas Chaffetz Grothman McCaul Carbajal Deutch Kaptur Davidson King (NY) J. Cheney Guthrie McClintock Ca´ rdenas Dingell Keating Davis, Rodney Kinzinger Ros-Lehtinen Coffman Harper McHenry Carson (IN) Doggett Kelly (IL) Denham Knight Roskam Cole Harris McKinley Cartwright Doyle, Michael Kennedy Dent Kustoff (TN) Ross Collins (GA) Hartzler McMorris Castor (FL) F. Khanna DeSantis Labrador Rothfus Collins (NY) Hensarling Rodgers Castro (TX) Ellison Kihuen DesJarlais LaHood Rouzer Comer Hice, Jody B. McSally Chu, Judy Engel Kildee Diaz-Balart LaMalfa Royce (CA) Comstock Higgins (LA) Meadows Cicilline Eshoo Kilmer Donovan Lamborn Russell Conaway Hill Meehan Clark (MA) Espaillat Kind Duffy Lance Sanford Cook Holding Messer Clarke (NY) Esty Krishnamoorthi Duncan (SC) Latta Scalise Costello (PA) Hollingsworth Mitchell Clay Evans Kuster (NH) Duncan (TN) Lewis (MN) Schweikert Cramer Hudson Moolenaar Cleaver Foster Langevin Dunn LoBiondo Scott, Austin Crawford Huizenga Mooney (WV) Clyburn Fudge Larsen (WA) Emmer Long Sensenbrenner Cuellar Hultgren Mullin

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.102 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H451 Newhouse Roskam Thornberry Payne Price, Tom (GA) Ryan (OH) Ms. MAXINE WATERS of California. Noem Ross Tiberi Pompeo Rutherford Zinke Mr. Speaker, I am requesting an inves- Nunes Rothfus Tipton Olson Rouzer Trott b 1740 tigation by the House. Palazzo Royce (CA) The SPEAKER pro tempore. The Turner So the bill was passed. Palmer Russell Upton Chair cannot unilaterally grant an in- The result of the vote was announced Paulsen Sanford Valadao vestigation. The gentlewoman is wel- Pearce Scalise Wagner as above recorded. Perry Schweikert come to use whatever other procedural Walberg A motion to reconsider was laid on Peters Scott, Austin Walden means that she may have at her dis- Pittenger Scott, David the table. posal to effect a result. Poe (TX) Sensenbrenner Walker Stated for: Walorski Ms. MAXINE WATERS of California. Poliquin Sessions Mr. MURPHY of Pennsylvania. Mr. Speaker, Posey Shimkus Walters, Mimi I thank the Chair. I have made it Ratcliffe Shuster Weber (TX) I was unavoidably detained. Had I been known. I have asked for the investiga- Reed Simpson Webster (FL) present, I would have voted ‘‘yea’’ on rollcall tion. If there is no assistance from the Wenstrup Reichert Sinema No. 54. House, I would appreciate allowing Renacci Smith (MO) Westerman Ms. MAXINE WATERS of California. Rice (SC) Smith (NE) Williams other kinds of cooperation. Roby Smith (NJ) Wilson (SC) Mr. Speaker. I must say this, Mr. Speaker, if we Roe (TN) Smith (TX) Wittman The SPEAKER pro tempore. Does the were sitting in on the House and if we Rogers (AL) Smucker Womack gentlewoman from California seek rec- were streaming, then the House would Rogers (KY) Stefanik Woodall ognition? Rohrabacher Stewart Yoder know what to do since they inves- Rokita Stivers Yoho Ms. MAXINE WATERS of California. tigated our past actions when we were Rooney, Francis Suozzi Young (AK) Yes, sir. I seek recognition to get an trying to bring attention to gun vio- Rooney, Thomas Taylor Young (IA) explanation of what happened on C– J. Tenney lence in this country. So I don’t really Zeldin Ros-Lehtinen Thompson (PA) SPAN today. accept the fact that the House has no Did this House have anything to do role in this and that it should not be NAYS—182 with it? participating in it. Adams Gallego Neal I would like to explain that today The House participates when it wants Aguilar Garamendi Nolan while I spoke on the House floor on to, and I am asking the House to par- Barraga´ n Gonzalez (TX) Norcross Bass Green, Al O’Halleran H.R. 78—— ticipate and investigate in this the Beatty Green, Gene O’Rourke The SPEAKER pro tempore. The gen- same way you did when you decided Becerra Grijalva Pallone tlewoman will suspend. that somehow it was improper for us to Bera Gutie´rrez Panetta Beyer Hanabusa Is the gentlewoman seeking unani- stream from the House on this issue. Pascrell The SPEAKER pro tempore. The gen- Blumenauer Hastings Pelosi mous consent to address the House for Blunt Rochester Heck Perlmutter 1 minute? tlewoman yields back. Bonamici Higgins (NY) Peterson Ms. MAXINE WATERS of California. Boyle, Brendan Himes Ms. MAXINE WATERS of California. Pingree F. Hoyer Yes, I am. No, I don’t yield back. Pocan Brady (PA) Huffman The SPEAKER pro tempore. The gen- Polis The SPEAKER pro tempore. Without Brown (MD) Jackson Lee objection, the gentlewoman is recog- tlewoman’s time has expired. The gen- Brownley (CA) Jayapal Price (NC) tlewoman is no longer recognized. Bustos Jeffries Quigley nized for 1 minute. Butterfield Johnson (GA) Raskin f Rice (NY) f Capuano Johnson, E. B. b 1745 Carbajal Jones Richmond HOUSE INVESTIGATION RE- Ca´ rdenas Kaptur Rosen IN SUPPORT OF NOMINATION OF Carson (IN) Keating Roybal-Allard QUESTED IN RE C–SPAN INTER- Cartwright Kelly (IL) Ruiz RUPTED BY ‘‘RUSSIA TODAY’’ SECRETARY OF EDUCATION Ruppersberger BETSY DEVOS Castor (FL) Kennedy (Ms. MAXINE WATERS of California Castro (TX) Khanna Rush (Mr. TROTT asked and was given per- Cicilline Kihuen Sa´ nchez asked and was given permission to ad- Clark (MA) Kildee Sarbanes dress the House for 1 minute.) mission to address the House for 1 Clarke (NY) Kilmer Schakowsky Ms. MAXINE WATERS of California. minute.) Clay Kind Schiff Mr. TROTT. Mr. Speaker, I rise this Mr. Speaker, today while I spoke on Cleaver Krishnamoorthi Schneider evening to voice my strong support for Clyburn Kuster (NH) the House floor on H.R. 78, the state- Schrader President-elect Trump’s outstanding Cohen Langevin Scott (VA) owned Russian channel called ‘‘Russia Connolly Larsen (WA) choice for Secretary of Education, Serrano Today’’ suddenly interrupted my Conyers Larson (CT) Sewell (AL) Betsy DeVos. Cooper Lawrence Shea-Porter speech, and C–SPAN coverage was re- A fellow Michigander, Betsy has Correa Lawson (FL) Sherman placed with Russian programming. worked tirelessly on behalf of the chil- Costa Lee Sires Can the Chair please explain the Courtney Levin dren of our country, striving to im- Slaughter proper rules for coverage of House floor Crist Lewis (GA) Smith (WA) prove education and return authority Crowley Lieu, Ted Soto proceedings? How did this happen? back to those who know best—parents Cummings Lipinski Speier The SPEAKER pro tempore. The Davis (CA) Lofgren and the States. Not only has Michigan Swalwell (CA) Davis, Danny Lowenthal Chair will inform the gentlewoman Takano benefited from her efforts, but she has DeFazio Lowey that the Chair has no information on Thompson (CA) worked across the country to improve DeGette Lujan Grisham, Thompson (MS) this at this point. test scores and promote the highest Delaney M. Ms. MAXINE WATERS of California. DeLauro Luja´ n, Ben Ray Titus level of academic achievement. She is DelBene Lynch Tonko Mr. Speaker, I would like to request an committed to not only promoting DeSaulnier Maloney, Torres investigation of this incident because Tsongas strong schools, but she has also worked Deutch Carolyn B. it does not seem to be coincidental. I Dingell Maloney, Sean Vargas on an individual basis by personally Doggett Matsui Veasey was speaking about the SEC, and I was mentoring children and interacting Doyle, Michael McCollum Vela speaking about President-elect Trump with their parents. F. McEachin Vela´ zquez and how he could influence the SEC Visclosky I have no doubt that Betsy will con- Ellison McGovern and his relationship with Russia when I Engel McNerney Walz tinue to be a strong advocate for our Eshoo Meeks Wasserman was interrupted. children and that she will ensure that Espaillat Meng Schultz The SPEAKER pro tempore. As de- our education is as it should be—the Esty Moore Waters, Maxine bate, the gentlewoman’s remarks will Evans Moulton Watson Coleman greatest in the world. Foster Murphy (FL) Welch appear in the RECORD. f Fudge Nadler Wilson (FL) Ms. MAXINE WATERS of California. Gabbard Napolitano Yarmuth Mr. Speaker, I am requesting an inves- THE AFFORDABLE CARE ACT WORKS NOT VOTING—13 tigation by the House. The SPEAKER pro tempore. As de- (Mr. BROWN of Maryland asked and Chu, Judy Garrett Murphy (PA) Demings Loebsack bate, the gentlewoman’s remarks will was given permission to address the Frankel (FL) Mulvaney appear in the RECORD. House for 1 minute.)

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.044 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H452 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Mr. BROWN of Maryland. Mr. Speak- indeed, a very dangerous and immoral get to work on ensuring a high-quality er, I rise on behalf of the residents of problem. education is within reach for every Maryland’s Fourth Congressional Dis- f child. trict to say that the Affordable Care REPEAL OF THE AFFORDABLE f Act works. It has improved the health CARE ACT of thousands of men, women, and chil- IN MEMORY OF THE LIFE AND dren in my district, and it has also re- (Mr. LANGEVIN asked and was given LEGACY OF LENO BRADBY permission to address the House for 1 duced the level of uncompensated care (Mr. MCKEACHIN asked and was minute and to revise and extend his re- in our community hospitals. given permission to address the House Repealing the Affordable Care Act marks.) Mr. LANGEVIN. Mr. Speaker, we are for 1 minute.) will result in more uninsured patients, Mr. MCEACHIN. Mr. Speaker, I tres- and more uninsured people will drive less than 2 weeks into the start of the new Congress and Republicans are al- pass on the time of the House today to up costs for everyone. Community hos- honor the life and legacy of Mr. Leno pitals, such as MedStar Health and ready trying to make good on their central campaign promise to repeal the Bradby. Anne Arundel Medical Center, will be Mr. Bradby was a true leader of our forced to lay off doctors and nurses. Affordable Care Act. Regrettably, it is a promise that will community—a community in the Major medical centers, like John Hop- cause more than 30 million Americans Fourth Congressional District, known kins and the University of Maryland, and at least 86,000 Rhode Islanders to as Charles City County. He was an ac- will be forced to cut back investments lose their health coverage. It will in- tive member of his NAACP chapter, of in research that we so desperately need crease prescription drug costs for al- the National Association for the Ad- to fight cancer, to treat diabetes, and most 16,000 Ocean State seniors, and it vancement of Colored People, as well to reduce infant mortality. will cost Rhode Island an estimated as being a member of the Charles City In the Fourth Congressional District, 12,000 jobs in 2019, according to a recent County Democratic Committee. we are on the verge of establishing a report by The Commonwealth Fund Mr. Bradby dedicated his time to new regional medical center that will and George Washington University. helping folks vote by supporting voter both improve the quality of care Mr. Speaker, the Republicans’ prom- registration and voter education ef- throughout the National Capital Re- ise to repeal the Affordable Care Act forts in our district. He regularly vol- gion and will create thousands of will have devastating consequences for unteered at the polling locations and healthcare-related jobs in my district. healthcare providers, patients, fami- provided community members with Mr. Speaker, repealing the Afford- lies, and even employers. I have long transportation to cast their ballots. I able Care Act is simply wrong. Hospital said that ObamaCare isn’t perfect, and know that his presence was greatly services will be reduced, local econo- I am willing to work in a bipartisan missed in a special election that was mies will be weakened, and job losses manner to improve it—a task we have held within our district yesterday. will follow. Let’s protect our care and tried to accomplish for years without It is sad to see a devout and active protect our jobs. Republican cooperation. member of our community leave us, f Mr. Speaker, the budget resolution but his legacy will live on with his fel- HUMAN TRAFFICKING AWARENESS the Republicans are jamming through low community members. This is a MONTH Congress now is anything but bipar- great loss to Charles City County. tisan. I pledge to do everything in my (Mr. LAMALFA asked and was given power to fight their cynical attempts f permission to address the House for 1 to revoke the health coverage of thou- IN SUPPORT OF NOMINATION OF minute and to revise and extend his re- sands of Rhode Islanders and of mil- SECRETARY OF EDUCATION marks.) lions of Americans who need it and who BETSY DEVOS Mr. LAMALFA. Mr. Speaker, I rise to depend on it. recognize National Human Trafficking (Mr. HUIZENGA asked and was given Awareness Month. f permission to address the House for 1 In my home State of California, IN SUPPORT OF NOMINATION OF minute and to revise and extend his re- human trafficking is a notoriously SECRETARY OF EDUCATION marks.) large and dangerous industry, with BETSY DEVOS Mr. HUIZENGA. Mr. Speaker, I rise over 300 reported cases of trafficking (Mr. WALBERG asked and was given to support my friend Betsy DeVos, that involved children, teens, and permission to address the House for 1 President-elect Trump’s nominee to young adults last year, including the minute.) serve as the next Secretary for the De- very mysterious case that happened in Mr. WALBERG. Mr. Speaker, for too partment of Education. November, that of Sherri Papini from long, Washington has spent education Betsy is a passionate and dedicated Shasta County, who may or may not dollars by building bureaucracy instead servant with a big heart for kids. She have been drawn into this. Fortu- of by advancing opportunities for our is a grandmother of five who has made nately, she was released on Thanks- children. it her life’s mission to ensure that all giving Day. Indeed, the whole State is As a member of the House Committee children in America have access to a thankful for her release and that she on Education and the Workforce, I be- quality education no matter what their didn’t get caught in that horrible sys- lieve we must change the status quo ZIP Codes are. Betsy has fought for tem. and restore local control in education. children in classrooms to State cap- We must do more to stop this human We need someone to lead the Depart- itals, and her efforts have given more trafficking. That is why I am a proud ment of Education and to work with kids hope for a brighter future. In our supporter of H.R. 440, the SHAME Act, Congress and leave decisionmaking in shared home State of Michigan, Betsy which was introduced by my colleague, the hands of parents and local commu- led the effort to pass the State’s first Mr. POE of Texas. The bill makes pub- nities, not in Washington. Betsy DeVos charter school law. According to Stan- lic the names and pictures of criminals is that person. ford University, Michigan’s charter who have been convicted of buying sex She has dedicated her life to fighting school students now perform at a high- from a minor or from a sex trafficking for children in Michigan. She has been er level than do their peers. victim—stripping their anonymity and a tireless advocate for giving families I witnessed Betsy’s creativity and sentencing them to the public humilia- choices and for ensuring our kids have discipline firsthand when we served to- tion they deserve for their despicable access to quality education, including gether on the board of the Compass acts. in public schools, regardless of their College of Cinematic Arts, a Grand I believe the SHAME Act will help to Zip Codes. She has a heart for children Rapids, Michigan-based film school and discourage participation in further and will be a champion for every stu- production company. We implemented human trafficking and will lead to a dent in America. rigorous standards that set Compass up safer environment for our children in I encourage the Senate to confirm for accreditation, and it now holds America. We must combat this now— her quickly so that, together, we can them accountable.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.108 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H453 I know that Betsy is up to the chal- REPEAL OF THE AFFORDABLE were committed as a direct result of lenge of ensuring our children are pre- CARE ACT being trapped in human trafficking. It pared to compete and thrive in our (Mr. TONKO asked and was given is a very important step, Mr. Speaker, ever-changing world. permission to address the House for 1 in helping these individuals get the op- f minute and to revise and extend his re- portunity to return to living fulfilling lives on their own terms and getting REPEAL OF THE AFFORDABLE marks.) the fresh start that they deserve. CARE ACT Mr. TONKO. Mr. Speaker, tomorrow, No man, woman, girl, or boy should (Mr. AGUILAR asked and was given this House, the people’s House, will vote to take the first step in a blindly ever be subjected to sex trafficking. We permission to address the House for 1 must remain vigilant in our fight minute.) ideological crusade to break our entire healthcare system and rip health insur- against this crime and ensure that the Mr. AGUILAR. Mr. Speaker, for over victims receive the support and re- 6 years, we have watched House Repub- ance away from more than 20 million Americans. sources they need because, together, licans attack the Affordable Care Act. we can stop human trafficking. The law may not be perfect, but Repub- Repeal would cripple our Nation’s licans can’t ignore the fact that the hospitals and create a $723 million f ACA has allowed 30 million Americans budget shortfall in my congressional REPEAL OF THE AFFORDABLE to access affordable health care. district alone, resulting in countless CARE ACT Calls and emails have poured into my job losses across our great country. Re- office from my constituents who are peal would return everyone to the days (Mr. CARBAJAL asked and was given begging me to do everything in my of big insurance companies and their permission to address the House for 1 power to protect their health care and denying of needed care due to annual minute.) to strengthen the ACA. Earlier this and lifetime limits on coverage. Repeal Mr. CARBAJAL. Mr. Speaker, I rise week I received an email from Brian in would mean higher costs for individ- for the first time as a Member of Con- San Bernardino, who shared that his uals who seek routine preventative gress to discuss an issue that is at the wife didn’t have insurance before the care, like mammograms or birth con- forefront of the American conscience ACA. When the law went into effect, trol. and is one that I care deeply about: she had a physical, whereby doctors This is not what the people want. protecting and improving the Afford- discovered she had ovarian cancer. It People are sick and tired of Repub- able Care Act. was caught early and treated, and now licans playing political games with Today, over 45,000 of my constituents she is living healthy in San their health care. The Affordable Care have access to reliable, affordable Bernardino. If she had not obtained Act is not perfect. Deductibles, out-of- healthcare coverage thanks to the Af- health insurance through the ACA, she pocket costs, and prescription drug fordable Care Act. These are seniors wouldn’t have had a preventative prices are still too high for many work- who would otherwise be unable to af- screening, which saved her life. ing families. People are frustrated ford their prescription drugs. These are Mr. Speaker, we cannot strip 30 mil- when they are faced with narrow net- working families who no longer have to lion people of their health care. We works or surprise medical bills. worry about being one illness away cannot look people in the eyes and say Unfortunately, these are not the from bankruptcy. These are children we are doing everything we can to help problems that Republicans are focused who have been born with birth defects them if we allow insurance companies on fixing. In fact, the only problem Re- who would have previously been denied to discriminate against them and to publicans seem to be trying to solve is coverage for having a preexisting con- cap their coverage. I will not com- that too many people have health in- dition or reached their lifetime limits promise their health care or our future, surance. Republicans want to roll back before they even started school. and neither should you. the progress that has been made and What concerns me most is this effort f create a healthcare system that elimi- to repeal the Affordable Care Act with- out putting forth any sort of replace- IN SUPPORT OF NOMINATION OF nates the guarantees of affordable cov- erage, by which families will face even ment. This will have real consequences SECRETARY OF EDUCATION for American families, and it is simply BETSY DEVOS higher deductibles and copays—a con- cept they euphemistically call ‘‘skin in reckless governance. We cannot play (Mr. MOOLENAAR asked and was the game,’’ and those with preexisting politics with 20 million American lives given permission to address the House conditions, including expectant moth- who depend on the Affordable Care Act for 1 minute and to revise and extend ers, would again face a closed door in- for access to quality, affordable health his remarks.) care. This is not a game. Mr. MOOLENAAR. Mr. Speaker, I stead of care. rise in support of the nomination of f f Betsy DeVos, of my home State of b 1800 HUMAN TRAFFICKING Michigan, to be the next Secretary of WSAV GENERAL MANAGER Education. (Mr. PAULSEN asked and was given She shares our belief that all chil- permission to address the House for 1 RETIRING dren should have the opportunity to minute and to revise and extend his re- (Mr. CARTER of Georgia asked and learn in a world-class environment and marks.) was given permission to address the that they, along with their parents, Mr. PAULSEN. Mr. Speaker, earlier House for 1 minute and to revise and should be able to choose the schools this week we observed National Human extend his remarks.) that are best for them. In Michigan, Trafficking Awareness Day, and we Mr. CARTER of Georgia. Mr. Speak- she has improved learning opportuni- continue to shine a light on this mod- er, I rise today to recognize Ms. Deb ties for students from low-income ern form of slavery. As a part of that Thompson, who recently retired as gen- backgrounds all across the State. She effort, I am cosponsoring the Traf- eral manager of WSAV News Station in knows that local control plays a key ficking Survivors Relief Act, which is Savannah, Georgia. role in an educator’s ability to tailor the next step in helping the victims of Ms. Thompson began working with lesson plans that best provide the edu- human trafficking. WSAV in 2005. She moved to Savannah cation for our students. The heinous practice of human traf- from Dallas, Texas, and started her For decades, Betsy DeVos has worked ficking exploits young girls and boys. outstanding career bringing news to tirelessly on education issues, and she These victims are oftentimes our most our local community as a sales man- has been a champion for parents and vulnerable and are taken advantage of ager for the station. students. As a parent of six children by those with no regard for their well- Her dedication and passion for the who have attended public schools, I am being. The Trafficking Survivors Relief Savannah community made her a per- confident that she will do an out- Act will allow victims to petition fect fit for the job, and she quickly standing job as our next Secretary of courts to have their criminal records moved to general manager of WSAV in Education. cleared of nonviolent offenses that 2009. An example of this passion was

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.109 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H454 CONGRESSIONAL RECORD — HOUSE January 12, 2017 showcased when she was arrested in ment is dangerous and irresponsible. to protect those DREAMers who volun- March of 2016, as part of the Muscular This is a bipartisan sentiment. tarily came forward out of the shadows Dystrophy Association’s Lock-Up Senator LISA MURKOWSKI, a Repub- to give their personal information, event to help combat neuromuscular lican from Alaska, stated: ‘‘I have their names, telephone numbers, and disease. The money that Ms. Thompson great concerns that we inject a level of addresses to the Federal Government. I raised for bail helped two local chil- great uncertainty into an already un- want to protect them and make sure dren attend an MDA summer camp certain environment if we don’t give that same government doesn’t turn that gives children with muscle-debili- people a clear indication as to what around and use that information to de- tating diseases the best week of the will come once we repeal.’’ port them, as the incoming administra- year. I don’t support a repeal, but people in tion has promised to end the executive Ms. Thompson was also instrumental my district cannot afford to go without DACA action and potentially deport in expanding WSAV’s news coverage health care in the 44th Congressional those DREAMers on who this country from 17 hours per week to 30 hours per District. is depending, not just for our economic week and creating a 10 p.m. program I urge my colleagues to think about success but our growth and success as a reaching a much broader audience. this, to think and to listen to their Re- country that has always gained from I am proud to recognize her today for publican colleagues. We need to see a immigrants who contribute to the all of her hard work and dedication to replacement plan. American way of life. southeast Georgia. I wish her the best f f of luck in the future. FIVE IMPACTS OF THE ACA SUPPORTING BETSY DEVOS’ f REPEAL NOMINATION REJECT ATTEMPTS TO REPEAL (Ms. JAYAPAL asked and was given (Mr. BISHOP of Michigan asked and THE ACA permission to address the House for 1 was given permission to address the (Mr. SCHRADER asked and was minute and to revise and extend her re- House for 1 minute and to revise and given permission to address the House marks.) extend his remarks.) for 1 minute.) Ms. JAYAPAL. Mr. Speaker, the im- Mr. BISHOP of Michigan. Mr. Speak- Mr. SCHRADER. Mr. Speaker, in a moral effort to take away health care er, I rise today in strong support of a bizarre rant yesterday, President-elect from millions of working families true leader and friend, Betsy DeVos, Donald Trump said he would be ‘‘the across the country has begun. for the nomination of Secretary of greatest jobs producer that God ever Thanks to the Affordable Care Act, Education. created.’’ Mr. Trump might need to thousands of families in my home By far and away, Betsy DeVos is the rethink that statement, given his top State of Washington have been able to ideal candidate to guide our Nation’s priority is to repeal the Affordable get quality health care, and now the education policies. For three decades, Care Act. Republican majority is set to strip she has been focused on making sure Make no mistake, Mr. Speaker, while away that healthcare coverage from all of our Nation’s children have access the Republicans haven’t given us any those struggling to make ends meet. to quality education, particularly for details about an ACA replacement pol- If they succeed, three quarters of a the disenfranchised and those in real icy at all, we know exactly what will million Washingtonians will lose their need. happen if they repeal it: millions of health care; 55,000 young people in our The Associated Press recently ran a jobs will be lost. State will be kicked off their parents’ piece highlighting West Michigan Avia- Since the ACA was passed in March healthcare plans; being a woman, once tion Academy and the tremendous dif- 2010, the U.S. economy has added more again, becomes a preexisting condition ference the school is making in the than 15 million private sector jobs and where women would again have to pay lives of the children in Michigan. Betsy the unemployment rate has been cut in out of pocket for basic, preventive DeVos had her hand in that process, as half. In fact, the longest streak in pri- screenings and birth control; nearly 4 she has in so many of the other schools vate sector job growth began the million Washingtonians, covered by across western Michigan. month the ACA was passed. Now, folks their employers, would see their costs Mr. Speaker, being from Michigan on the other side of the aisle want to increase and coverage decline; and myself, I have seen firsthand what risk all of that going away by repealing 50,000 Washingtonians who gained Betsy DeVos has done for education in the law. health care through Medicaid expan- Michigan. She understands the impor- A recent study has found that repeal- sion will lose it. tant role of public schools in the K–12 ing the ACA would kill 2.6 million jobs Mr. Speaker, health care is a funda- system, but also believes that competi- in just 1 year, including 45,000 in my mental right and not a privilege. In- tion, school choice, and parental con- home State of Oregon. Thirty million stead of rolling back the progress we trol will help drive success in all Americans will lose access to health have made, we should be strengthening schools to ensure that all children are care, and $350 billion gets added to our and expanding health care to cover all receiving the best possible education, budget deficit. who live in our Nation. no matter their circumstances. Mr. Speaker, we can’t afford the f I hope to work with my friends on reckless ACA repeal policy. I urge my the other side of the Capitol. And I DREAMER INFORMATION colleagues to reject attempts to repeal hope, during this time before the Sen- PROTECTIONS the law and focus on ways we can fix ate committee considers Ms. DeVos’ and improve our healthcare system (Mr. O’ROURKE asked and was given nomination, that the rest of the Nation while creating jobs. permission to address the House for 1 will hear of the great things that Betsy f minute.) DeVos has done and see how qualified Mr. O’ROURKE. Mr. Speaker, this she is for this job. REPEALING ACA WITHOUT A Sunday at 1:30 p.m. in El Paso, Texas, f REPLACEMENT IS DANGEROUS hundreds of my fellow citizens will (Ms. BARRAGAN asked and was come out to San Jacinto Plaza to join MICHIGANDERS CONCERNED OVER given permission to address the House us in celebrating, supporting, and de- REPEAL OF ACA for 1 minute and to revise and extend fending those DREAMers who, across (Mrs. DINGELL asked and was given her remarks.) this country, are 700,000 strong, who permission to address the House for 1 Ms. BARRAGAN. Mr. Speaker, today, were brought here at a young age are minute and to revise and extend her re- I rise because I offered an amendment now contributing in, living in our com- marks.) to the budget resolution bill that is munities, going to school, serving in Mrs. DINGELL. Mr. Speaker, last going to be up for a vote tomorrow. the military, and helping to create jobs weekend, I held a roundtable discussion The amendment that I offered was a and grow our economy. in my district with healthcare pro- statement of policy that repealing the I am also introducing tomorrow the viders, hospitals, doctors, nurses, clin- Affordable Care Act without a replace- DREAMer Information Protection Act ics, labor leaders, and working families

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.112 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H455 to talk about what the Affordable Care more conservative, one that is listen- other related businesses that produced Act means to them. All of them are op- ing to them and hasn’t forgot that it is over 15,000 jobs in just a few years. posed and concerned for the repeal of not about the government worker that b 1815 the Affordable Care Act. we are about in this place and not We talked about how important it about government in and of itself, but The city of West Point and the sur- was to protect the 695,000 Michiganders it is about what government does for rounding area today is revitalized not who have gained coverage since the the American people. because of Federal Government pro- ACA was enacted and the fact that the Tonight, as I have taken on my role grams or regulations, but because we uninsured rate in Michigan has been as the vice chair in the Republican worked at the local level to find solu- cut in half. Conference, we have been talking about tions to meet the needs of our area. The story that struck me the most how we can introduce our Members and I ran for Congress so that I could was from a local clergyman, Bishop also work to get our messaging out. apply these lessons at the Federal Walter Starghill, who gained coverage Tonight is the first night where we level. We need policies that make for the first time through Medicaid ex- have some of our new freshmen here on America the most competitive place in pansion. He told me: the floor, Mr. Speaker, as you can well the world to do business instead of cre- ating policies that incentivize compa- The impact on Black men with increased attest to. We are going to take time access to insurance coverage is big. We just to get to know them, where they nies to take their jobs overseas. We didn’t take care of ourselves until it was too came from, introduce them to the need policies that help get people out late. We ended up in the emergency room floor, and introduce them to what we of poverty instead of trapping them in and some of us died. Now we can get checked are going to be about and what their a multigenerational cycle of property. out early. passion is to share with as part of our I know firsthand that more govern- I heard from another local UAW majority going forward. ment programs do not make commu- worker who said: The first gentleman is a dear friend nities, schools, or individuals great. In I come from a family where many members from my home State of Georgia. He is, fact, I have lived through and governed have struggled with cancer. We wouldn’t as what we call back home a dagg, D- out of the dependence created by bad have healthcare coverage after leaving our A-G-G. We don’t use the extra G, but D.C. policy and government programs jobs or we’d have gone bankrupt without the we will do the first G. How about that? that continue to trap people in pov- ACA. He is a mayor from West Point, Geor- erty. Everywhere I go in the district, peo- gia. He understands what real life is What we have collectively done to ple are frightened and come up and say: about. He understands about making those in poverty with these policies is What will happen? jobs and getting people taken care of. morally wrong. There is a better way, Tomorrow, you need to look people He also is a dentist. He is going to stay and we will do right by our fellow in the eye and tell them why you are on this side of the aisle tonight, Mr. Americans. I am excited to work with taking their insurance away. Speaker, because I am not going over my colleagues to craft and enact these f there to find out anything about that. policies that will improve the lives of We are excited to have him. It is our citizens. APPOINTMENT OF MEMBERS TO going to be a good time tonight. Mr. COLLINS of Georgia. Mr. Speak- JOINT ECONOMIC COMMITTEE I yield to the gentleman from Geor- er, I appreciate the gentleman from The SPEAKER pro tempore (Mr. gia (Mr. FERGUSON). Georgia and his passion to serve and be GAETZ). The Chair announces the Mr. FERGUSON. Mr. Speaker, I rise a part of what is going to be going on Speaker’s appointment, pursuant to 15 today to deliver my first remarks on here. We are a week away from the in- U.S.C. 1024(a), and the order of the the House floor. auguration of our new President-elect, House of January 3, 2017, of the fol- Before I became mayor of West and we are excited about that and mov- lowing Members on the part of the Point, I watched my hometown almost ing forward. House to the Joint Economic Com- fall completely apart. I saw what hap- As we move across the country, all mittee: pened when bad Washington policies al- the way to Arizona, our next speaker is Mr. PAULSEN, Minnesota most destroyed my hometown by cre- the gentleman from Arizona (Mr. Mr. SCHWEIKERT, Arizona ating the environment for manufac- BIGGS). I am looking forward to serving Mrs. COMSTOCK, Virginia turing jobs to go overseas. I watched with ANDY BIGGS on the Judiciary Mr. LAHOOD, Illinois Federal programs that were failing to Committee. His background is working Mr. FRANCIS ROONEY, Florida meet the needs of my friends and to promote a conservative, small-busi- Mrs. CAROLYN MALONEY, New York neighbors try to take the place of good ness agenda, which is something that is Mr. DELANEY, Maryland jobs. going to be valuable here. He is also an Ms. ADAMS, North Carolina The Federal programs weren’t fixing author. For those of us working in in- Mr. BEYER, Virginia the underlying programs in my home- tellectual property and copyright, that f town. They were simply catching peo- is very important. There is so much job ple in the cycle of poverty, and we creation that is made by the intellec- INTRODUCING REPUBLICAN surely didn’t want a handout. We want- tual spark that comes from our entre- FRESHMEN ed jobs. preneurs. Tonight I am honored to The SPEAKER pro tempore. Under I was faced with a choice of whether have the second of our speakers, ANDY the Speaker’s announced policy of Jan- or not to move my dental practice and BIGGS from Arizona’s Fifth Congres- uary 3, 2017, the gentleman from Geor- my family away from my hometown to sional District. gia (Mr. COLLINS) is recognized for 60 a more profitable community or get in- I yield to the gentleman from Ari- minutes as the designee of the major- volved and be part of the solution. I zona (Mr. BIGGS). ity leader. chose to get involved and work to bet- Mr. BIGGS. Mr. Speaker, I thank the Mr. COLLINS of Georgia. Mr. Speak- ter the lives of my neighbors and my gentleman from Georgia for yielding, er, it is a privilege to be here tonight. hometown. and I am grateful for this opportunity As we all get started in a new session, Instead of being satisfied with one- to introduce myself to this Chamber. we get started with the newness and size-fits-all government programs that My name is ANDY BIGGS. I represent excitement. We have already hit the simply perpetuated the existing prob- Arizona’s Fifth Congressional District. ground running. lems, we worked to bring manufac- I hope to pick up where my good friend This Congress is going to be one of turing jobs back to West Point, Geor- and predecessor, former Congressman action. The American people spoke. gia, by making targeted investments in Matt Salmon, left off. He left me big They spoke loudly—they have been economic development and infrastruc- shoes to fill, but I am blessed to be able over the past few years—saying that ture. to counsel with him, and I am honored the direction of our country needed to We attracted a Kia Motors manufac- to follow his example. change. By changing, they meant turing plant, and the automotive in- My district covers parts of the south- change toward a government that is dustry brought with it suppliers and east metropolitan area of Phoenix, the

VerDate Sep 11 2014 02:30 Apr 13, 2017 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD17\JANUARY\H12JA7.REC H12JA7 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H456 CONGRESSIONAL RECORD — HOUSE January 12, 2017 cities of Chandler, Gilbert, Mesa, Mr. COLLINS of Georgia. Mr. Speak- to make America great again. I am Queen Creek, and communities like er, I thank the gentleman. proud that in the first 2 weeks of this Sun Lakes. Many families have lived Again, we see the quality and we see Congress we have passed bills to undo there for generations. They are hard- who the American people have sent the regulatory damage that the Obama working, patriotic, and faith-driven here, people like ANDY BIGGS. We got administration has done to our busi- people. started with the REINS Act, a bill that nesses. In the coming weeks, I look for- I am a native Arizonan, one of the I sponsored that talked about reining ward to repealing the failing few. I live in Gilbert with my wife of 35 in regulations. Andy jumped in with a ObamaCare healthcare system and re- years, Cindy. We have six children and couple of amendments. He wanted to be placing it with a market-driven four grandchildren. I received my bach- a part of the solution to start with. healthcare fix. I am confident that I elor’s degree in Asian Studies from Next up is a gentleman from Ken- can play a role in working with the Brigham Young University, my mas- tucky, the First District of Kentucky, new administration to renegotiate our ter’s degree from Arizona State Univer- Mr. COMER. He comes to us from a farm main trade deals to ensure that Amer- sity, and my law degree from the Uni- background. He wore the blue jacket ican workers are on a level playing versity of Arizona, and I have pursued and the green jacket, 4–H and FFA. He field. additional graduate work. was the Commissioner of Agriculture There is a better way to run Amer- For the past 14 years, I have had the for the State of Kentucky. He has been ica. The assault on the private sector opportunity to serve in the Arizona a legislator. He also is a good friend of must end. The disregard and disrespect State legislature where I served as the my Commissioner of Agriculture, Gary for conservative, pro-family values senate president for the last 4 years. Black. Gary called me up and said must end. The bloated Federal Govern- During that time, we balanced the there is a good one in Kentucky. I said ment must shrink and Congress must budget, going from the worst budget when Gary says that, we know some- regain control of our Federal Govern- situation in the Nation on a per capita thing good is going on. ment away from unelected bureau- basis, and we reduced taxes. We cut It is my pleasure, Mr. Speaker, to crats. That is the will of the people of government regulations. We asserted yield to the gentleman from Kentucky Kentucky One. Arizona’s 10th Amendment rights, and (Mr. COMER). The voters spoke loudly on November protected life at all stages. Mr. COMER. Mr. Speaker, I thank 8. I look forward to working with my When Congressman Salmon decided the gentleman from Georgia for yield- fellow freshmen colleagues to ensure to retire last year, he asked me to run ing. It is indeed an honor to be a Mem- that we improve our economy, abide by for his seat to ensure that his constitu- ber of this great body. I ran a 14-month the Constitution, and restore the con- ents would continue to receive the ad- campaign for Congress not simply to fidence of the American people. herence to conservative principles that have a prestigious title ahead of my Mr. COLLINS of Georgia. I thank the Congressman Salmon stood for. After a name or to simply come to Washington gentleman. four-way primary, I won my primary to point fingers at the other political Those are exciting values. My dis- election by 27 votes. party and blame everybody else for our trict is one of the more rural agricul- On the campaign trail last year, I Nation’s many problems. Rather, I ran tural districts. We are not far from At- promised my constituents that I would for Congress so I could come here and lanta, but poultry is important to my fight to achieve six major goals and in- work to solve our Nation’s many chal- district, and I appreciate him bringing troduce bills to reflect those goals in lenges. those values to us. this Congress: The First Congressional District of Mr. Speaker, our next speaker is Preventing Members of Congress Kentucky stretches from the foothills BRIAN MAST from Florida. I got to from being paid until a balanced budg- of Appalachia all the way to the west- know BRIAN when he was running for et is passed. Yahoo. ern most counties along the Mississippi this office. I got to visit with him in Reining in bureaucratic rulemaking River. It is a conservative, rural dis- his district as he was running. and restoring Article I authority to trict comprised of 35 unique counties Let me just say that many times we Congress. with the main industries being agri- talk about elections with campaign ads Ending the ObamaCare loophole that culture, coal, and manufacturing. and speeches, and all of those kind of is designed to benefit Members of Con- My constituents feel like Washington things that are very true, but it is also gress. has forgotten them. Unfair trade agree- when a person connects with the people Passing Grant’s law to protect inno- ments have cost us good-paying manu- they are representing. When they con- cent U.S. citizens from violent illegal facturing jobs. The EPA’s war on coal nect with them in such a way that it immigrants. has devastated the coal economy and sort of even transcends their ideolog- Ensuring that Common Core never its massive economic spin-off. Over- ical perspective. I remember a story becomes a Federal mandate and that burdensome regulations like waters of that I want to tell. We were at a poll- States and local officials have author- the U.S. threaten the viability of our ing precinct and we were holding signs. ity over the teaching of our Nation’s family farmers, and an unsustainable People were early voting. I remember youth. government takeover of our healthcare one lady parked her car and got her And my sixth initiative is to remove system, better known as ObamaCare, young child out. She came up to BRIAN Arizona from the out-of-control, over- has significantly increased healthcare and said: I am a Democrat; I am voting burdened, and out-of-whack 9th Fed- premiums on my small businesses and for other Democrats, but I am voting eral Circuit Court district and placing working middle-class families. for you, and I wanted my daughter to it into a newly established district that Mr. Speaker, as I stand here today, meet you. more accurately reflects Arizona’s val- there is a great sense of hope in Ken- When you make that kind of connec- ues and promotes and protects due tucky. My district voted overwhelm- tion, that is what makes America process rights. ingly for Donald Trump and voted out great. That is the kind of connection I have worked hard to achieve these of office six incumbent Democrat State people need to have with their Federal goals already, and will continue to pur- representatives. My people expressed Government. That is why the people’s sue those goals. their displeasure at the polls, and for House is such a special place to be, and Last week, Members of this body once they feel like their voices were the people’s House has a special Rep- were filled with great optimism and en- heard and their votes mattered. resentative from Florida. thusiasm for the future. I am hopeful I have heard my people’s cries. As a I now yield to the gentleman from that we will continue in that spirit as farmer, small-business owner, and par- Florida (Mr. MAST), representing Flor- we await a new administration and ent of three small children, I have also ida’s 18th Congressional District. strive to do the bidding of our constitu- felt their pain. Mr. MAST. Mr. Speaker, I thank the ents. I will never forget the people who Mr. Speaker, I pledge here today to gentleman from Georgia (Mr. COLLINS) elected me to this high office and the work with my fellow freshmen col- for including me in this Special Order principles that are important to them leagues, the incoming Trump adminis- tonight and for yielding to me and for and my home, Arizona. tration, and the leadership in Congress becoming a friend of mine.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.115 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H457 Mr. Speaker, it is with tremendous tion technology has only improved I can tell you, Mr. Speaker, I am as honor and humility that I rise to rep- since the 1930s, but the infrastructure well aware as anybody that defeating resent the hardworking values of the restoration surrounding Lake Okee- those who come against us out of a ha- 18th Congressional District of Florida, chobee and the Florida Everglades is tred, it comes at a cost. Friends of with communities like Palm Beach taking decades. It is an absolute em- mine—too many friends of mine—have Gardens, home of the PGA tour; Stu- barrassment that the water infrastruc- lost three or four limbs, have been art, Florida, home to the U.S. Sailing ture projects in Florida are taking so blinded, have been covered on their en- Academy; Port St. Lucie, the spring long and at such a great social and eco- tire body with burns, have had massive training home of the New York Mets; nomic cost to communities like my head trauma or some combination of and Fort Pierce, Florida, the home of own. We can’t afford to wait any all of the above injuries. the only Navy UDT-SEAL Museum in longer, and this will be my top pri- Sadly, I am also aware of how often the entire country. It is an amazing ority. the VA fails these men and women, and place for anyone to go to. Another issue that I hear about con- I can tell you that it is not an option. Before I go any further, I do want stantly is from people in our commu- We have to do better. We owe our vet- to—and I know I am joined by the rest nity talking about the role America’s erans better than the care that they of my freshmen colleagues, and prob- weak foreign policy over the last 8 are getting right now. ably the entire body, when I say that years has played in destabilizing the Improving care for our veterans, it our thoughts and our prayers have been Middle East and making our country starts with reforming the Department with our new colleague, Mr. RUTHER- and communities—places like Fort of Veterans Affairs. I strongly believe FORD from the Fourth District of Flor- Pierce, where the terrorist who at- that the best way to do this is to give ida, the sheriff as I call him. He is a tacked the Orlando nightclub lived, veterans the flexibility to choose any- friend and a patriot. I know that we are where he worshipped—making our time, anywhere medical care. The in- all praying for his speedy recovery. country less safe. creased competition will force the De- As I talk to people in my community, As a Member of Congress, I will work partment of Veterans Affairs to pro- there is one issue that keeps them up every day to provide the men and vide a higher quality of care to our at night more than any other issue, women of our armed services with the servicemen and -women. and that issue is the water quality in tools and the flexibility that they need Beyond this, we have to eliminate our area, or rather, the lack thereof. I to do their job and to come home alive. the corruption and the incompetence can tell you, it is nonnegotiable. It is a When I was serving in the Army, I at the Department of Veterans Affairs nonnegotiable priority for me, that we had the honor to work alongside the to reduce the claims backlog currently allow the water in our community, best men and women that I have ever plaguing the VA hospitals across the water that used to be so blue that it known. I worked as a bomb technician country. These pending claims make it looked like something out of a post- in our highest level of military special nearly impossible for the men and card, to once again become clean for operations; and under the cover of women who fought in places like Iwo this generation and for future genera- darkness in Afghanistan, our job was to Jima, the Chosin Reservoir, Saigon, tions. kill or capture the most menacing tar- Mogadishu, Kandahar, Mosul, and any When I was studying at Harvard, I gets each and every night that we other places to live their life, as they studied the environment. I did very could find. have to wait years for a decision from I witnessed firsthand the extremists specific work in watershed infrastruc- the Department of Veterans Affairs. that want to literally destroy our way ture. I can tell you, it doesn’t take an Fixing these problems will ensure that of life. My scars and the scars of my academic to know that these water- the future generations of servicemen fellow veterans and peers, they should ways are irreplaceable treasures. They and -women are not burdened with the be a continual reminder of the enemy are central to the economy and the same challenges that today’s veterans that we are fighting and why the work quality of life in our region. It is why are facing. that we are doing is so important. most people I know make our 18th Dis- In addition to physical health care, trict home, why they call it some place For me, on September 19, 2010, I found my last explosive device, and it we have to do more to help veterans that they want to live for the rest of with mental health care. There is a their life. It is the water and it is the wasn’t that much different from so many others that have claimed the stat that is thrown around all too often weather. To tell you the truth, if you that there are more than 20 veterans a take the water away, the weather isn’t lives of friends of mine. It was home- made explosives encapsulated in pieces day who take their own life. I have always that comfortable. known some of them. I could tell you Right now there is water being dis- of glass—nails, ball bearings, shrapnel how that is an unacceptable rate that charged from the center of our State, that was meant to detonate whenever far exceeds the average of the civilian Lake Okeechobee into the Treasure it was stepped on. population. But the fact is, to lose just Coast of Florida, destroying our com- Mr. Speaker, the people that put that one veteran from suicide is completely munity, putting our people out of busi- bomb there, that manufactured that unacceptable. ness, killing sea life, and making peo- device, who have killed or wounded our This is very personal to me. I have ple sick. What makes our community bravest men and women, their goal is seen firsthand the impact that war can so beautiful is literally being robbed to wipe our country and our allies off have on soldiers returning home, all of from us, and this cannot continue. Our the face of this Earth, to bring that whom daily work through the trauma lagoon and our estuaries have to be re- same war to our hometowns as they of having friends whom they are forced stored. I will work endlessly to have done in so many places already, to remember who didn’t come home strengthen the partnership between places like New York and Boston and with them. our local, State, and Federal agencies Chattanooga, San Bernardino, Fort to upgrade that infrastructure; not just Hood, and Orlando. Not a week goes by where I don’t get talk about it, but actually get it done Eight years of failed international a call from someone who wants to talk because this is life or death for the leadership has created a vacuum of about the fact that they want to step community that I represent. power that is being filled by ISIS and in front of a bus or go to sleep in their other terrorist groups. ISIS right now garage with the car running and never b 1830 has more money, more land, more re- wake up. Often this call comes after a Mr. Speaker, if I sound heated over sources than al Qaeda did at 9/11. traumatizing experience that they this, it is because I am heated over Sitting back and waiting for peace, have just had at the Department of this. When I look back at history and that is not a strategy. Containment, Veterans Affairs. see that the Panama Canal took less that is not a strategy. We need an ag- We need to be there for one another, than a decade to build once the United gressive strategy to root out extrem- and we need to be there for our vet- States Government got involved, that ists, eliminate any safe haven to pre- erans. I think often about something the Hoover Dam was built and open in vent future attacks on the United that President Kennedy once said. He 5 years, as far as I can tell, construc- States of America. said:

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.116 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H458 CONGRESSIONAL RECORD — HOUSE January 12, 2017 The cost of freedom has always been high, represent everything that the United gressional District is going to bring to but Americans have always been willing to States is not. us tonight. pay that price. I have found that the most important Mr. Speaker, I yield to the gentleman Our veterans, they do pay that price. time to stand for what is right is when from Michigan (Mr. MITCHELL). They make tremendous personal sac- it is the most difficult time to stand Mr. MITCHELL. Mr. Speaker, I rifices. But just because they are al- for what is right. This moment in his- thank the gentleman from Georgia for ways going to be there and they are al- tory is no different. We have to be yielding. ways willing to make these sacrifices proud of who we are, and we have to Mr. Speaker, I rise to thank the peo- for our freedom, that doesn’t mean stand with those who stand with us and ple of Michigan’s 10th Congressional that we can take their service for stand against any terrorist regime who District. I am honored to represent granted, which is exactly what is hap- seeks to threaten even one of us. them and humbled by their trust in pening every single time one of our Mr. Speaker, the last thing that I electing me to the 115th Congress. veterans is failed. want to say tonight is simply that it is The weight of this office is not lost I am committed to doing all that I a tremendous honor to have the oppor- on me. As Majority Leader MCCARTHY can to increase mental health re- tunity to serve the people of Florida’s said: sources for our veterans and doing any- 18th Congressional District. I know If you walk on the floor of this House and thing, whether that is legislatively or very well that the office that I occupy, you don’t get goosebumps, it’s time to go home. personally, to reduce veteran suicide it doesn’t truly belong to me. It be- rates. longs to those people. And the simple Standing here at this podium, I have But we also have to do more to assist fact is that the status quo has not been goosebumps. People often ask me why I ran for returning veterans in finding jobs and good enough for them. Families across Congress. Put simply, I ran with the starting new careers once they do exit the country, they are hurting, and I goal of helping people achieve their the military. I know that the men and know that we have a lot of work to do. American Dream. For too many, the women that I served with were among I have laid out a number of priorities idea of the American Dream is just the most talented and hardworking to help the 18th District and to that: an idea, a fantasy, a fairytale. men and women that I have ever met strengthen our country, but I also I believe in the American Dream be- in this entire world. know this: the problems Washington, cause I have lived it. I was born in Veterans know what it is like to D.C. is facing, they cannot just be fixed South Boston to a working class fam- work in high-pressure situations, to be with bills and laws. ily. Opportunity took my family to held to a standard of excellence. They One of the most important lessons Michigan when I was 11. My dad got a know the stress of loading their body that I ever learned in the military, good job building trucks on the line at down with hundreds of pounds of equip- that I ever learned in combat, was that General Motors, and my mom worked ment and trekking that across long inspiration matters. Military leaders at the Salvation Army. My parents distances, working together as a team. that I had who displayed courage and worked hard to provide for me and my They know what it takes to go out valor and selflessness, they drew the six younger siblings. I learned the there and get the job done, no matter exact same thing out of every single value of hard work at a young age what challenge is placed in front of soldier that surrounded them. And that them. And they know what it is to not watching my parents. is my goal as I am here in the Halls of I was the first of my extended family just risk the bottom line, but to actu- Congress, every day, that I work to, to go to college and worked full-time ally go out there and put their own life above all, inspire each peer that I have to pay for my education; and then I on the line. here, Republican and Democrat, to dedicated my career to workforce Veterans are among the most quali- have courage and to make sure that training, helping people build the skills fied employees for any position. But their sense of duty is to America above necessary to get good jobs to begin veterans returning home from Iraq and anything else, and to make sure that their careers to support their families. Afghanistan, they face an unemploy- we serve selflessly and, every day that There is something about the pride ment rate that is substantially higher we are given the honor to serve here, to that comes when someone gets a job. than the national average. I am com- make this country and our commu- Their whole world changes when they mitted to working with local busi- nities that much better. see what they are able to achieve and nesses and community leaders to dis- Mr. COLLINS of Georgia. Mr. Speak- what their work does for their families. cuss ways to reverse this troubling er, as you can tell, the passion that Over the last several years, failed trend, as well as supporting legislation this class brings is no more better ex- policies and an unstable economy have that will help our veterans use the very emplified than by our friend from Flor- put the American Dream out of reach unique skills and talents that they ida (Mr. MAST). for many. Though overall unemploy- have developed for the rest of their life. We now go back north. All over this ment rates are down, long-term unem- Mr. Speaker, following my service in election, it was an election heard clear ployment is high; labor force participa- the U.S. Army, I made a very conscious all over the country, from the north to tion rates have dropped dramatically, choice to volunteer with the Israeli De- the south, to the areas in between, and wage growth is anemic. fense Forces because our countries from Georgia to California. We have share common ideals of freedom and new voices, fresh voices here, ones who b 1845 democracy and mutual respect for all come from business, who made their Instead of getting ahead, many people, something that I know first- life helping others find the workforce Americans are just getting by. hand is not common in most of the skills, the development. In the November elections, Ameri- Middle East. That is what my friend, Mr. MITCH- cans screamed for relief. My message During my time in Israel, I served ELL, from Michigan’s 10th Congres- to the people of Michigan’s 10th Dis- alongside soldiers driven by love for sional District, PAUL MITCHELL has trict is that your voices have been their fellow man rather than by hatred done. He has made that a process in his heard. We are already working here in for their neighbors. I learned with each life, one that he wants to lead, and he the House on measures to roll back family that I got to know just how wants to lead by helping others. There regulations to support families, busi- much each family truly desires peace is no greater satisfaction than to nesses, and the economy, and to with every neighbor of Israel, regard- watch somebody else that you have breathe life back into the American less of their religion or their history helped succeed, and he understands Dream. with those countries. The same cannot that. So he brings that desire to us to- In order to make it possible for more be said of Israel’s enemies. night. people to achieve their American For the United States, the choice is He comes from the wonderful State Dream, we must give them the freedom very clear: we either stand with a his- of Michigan. He is a Spartan, Michigan and the tools to succeed. This begins toric friend and ally who shares our State University. As he comes along by stemming the extreme regulatory values, or we cave to groups like the tonight, we look forward to what PAUL overreach, fixing our healthcare sys- Palestinians or countries like Iran who MITCHELL from Michigan’s 10th Con- tem, and strengthening our workforce

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I thank the were located in, coast to coast, and a knowledge of how excessive regulations gentleman for bringing that passion for lot of places in the middle. I was very make it harder to succeed. Time and helping others, for bringing that pas- honored to be able to serve as a com- resources that could be better spent on sion to teach. mander of five different units, to in- growing a business and creating jobs I have always said that I believe that clude Ramstein Air Base in Germany. are spent navigating a never-ending those who want to get involved in poli- And there I got to see firsthand the im- and confusing maze of Federal regula- tics and run for elected office, there are portance of working with our allies and tions. two things that they need to be a part the importance of NATO, and I am Many of those regulations have been of. Number one, they need to care for going to take that experience with me. imposed without a cost-benefit anal- people deeply. They need to make sure I was also honored to serve as the ysis, placing costly burdens on families that they have people at the first and commander of Offutt Air Force Base and businesses while providing little foremost. They need to have alligator near Omaha, Nebraska. I loved the mis- benefit. Regulators have exceeded their skin to let a lot of things roll off their sions there. I loved the people. I had authority by placing undue burdens on back, but they also need to have a several different flying missions, a nu- those struggling to make the economy heart that cares. They also need to be clear mission there as well, and I look work. willing to understand that our job in- forward to being a strong voice for The House has already acted by pass- volves teaching; and, Paul, I appreciate Offutt and our military community ing the REINS Act and the Midnight you sharing that. there. Rules Relief Act. Each of these meas- Our next speaker for the night, we I was also able to deploy four times ures would put accountability where it share not only the privilege of serving to the Middle East, and I look forward rightly belongs: with the people’s elect- the people’s House, but we also shared, to using the experiences that I have ed Representatives in Congress, not up until just recently, a common pas- learned to make sure that our men and with unelected bureaucrats. sion. We both served in the United women are equipped and trained to We are also reforming health care in States Air Force. General Bacon distin- win. American to prevent further harm to guished himself in that regard, helping I also did missile defense in Israel. It families and businesses. Patients and our airmen all across the world, doing was an honor to work with our Israeli doctors should be in charge of their so with integrity and doing so with a friends. I look forward to being a health care, not the government. Since passion for this country that he will strong voice to improve the friendship the Affordable Care Act was passed, pa- bring to this floor, and we are excited with our great ally Israel. tient choice and access to care has de- about that. Out of those 16 assignments, I did clined while costs are ever increasing. He will take that passion for what is have three assignments at Offutt, and I Despite all of the promises, many really the concerns of the world and be will tell you that my wife, Angie, and people who had plans or doctors they a part of it. When I saw that in the Ne- I loved eastern Nebraska. The people liked could not keep them. Insurance braska Home, when I went out there are friendly. They have character. carriers are forced to severely narrow and was walking with him and seeing They love the military. And we are so their networks to combat cost. and listening to him talk, you could blessed to be able to call it our home Our healthcare reform is a better hear the desire to serve and to be a now, and so honored to be able to rep- way to increase accessibility and pa- part of the wonderful heartland of resent the great people of the Second tient choice, in addition to reducing America. District. cost. We will do that by allowing pur- I don’t believe, Mr. Speaker, they I will be serving on three different chase of coverage across State lines, could have sent a better witness to not committees. I will be on the Armed authorizing businesses and individuals only blue proud Air Force values, but Services Committee, the Agriculture to band together to increase pur- also American values. And, hopefully, Committee, and the Small Business chasing power and negotiate prices, al- as we continue, all will see the Ne- Committee. I look forward to using my lowing health savings accounts, and ex- braska values shown in General DON experiences to make a difference in all panding risk pools. Our plan focuses on BACON. three. I am going to work my hardest putting power where it belongs: with With that, I yield to the gentleman on all three to make a difference. the people, with the patients. from Nebraska’s Second Congressional One thing I am certain of: when Government overreach does not stop District (Mr. BACON). Americans are put on a level playing with our health care. I know that sur- Mr. BACON. I thank the gentleman field, we win. When our businessmen prises you. The one-size-fits-all ap- from Georgia for yielding, and, Mr. and -women and when our farmers are proach to education legislation in re- Speaker, what an honor to be able to put on a level playing field, we win. cent years has failed America’s stu- introduce myself as a freshman of the It has been our own government that dents. It is time to put parents and in- 115th Congress and serve with some has put our citizens at a disadvantage: dividuals in control of their education great colleagues and freshmen. It is high corporate taxes, regulations, our and give them options that will best great to be called a freshman again. It broken healthcare system. I am going suit their needs. I am eager to advance has been a long time since I have been to dedicate myself to fixing these be- solutions that will help students learn called a freshman. cause we need to help our Nation get and be better equipped for future jobs, I am very honored to serve the Sec- on this level playing field where we to create flexibility for working fami- ond District of Nebraska. It is one of start prospering and succeeding once lies and prepare the workforce for a three districts of the State that con- again. modern economy. sists of a county-and-a-half around During my time at Congress, I look In addition to a strong workforce, Omaha, and it is a great home, a great forward to doing the following and fo- our modern economy requires a robust place to live. cusing on the following goals: infrastructure. It is essential that we I was raised on a farm in a small I want to reduce the burdensome reg- protect and strengthen America’s in- town in Illinois, Momence, Illinois, a ulations. And we have had a great start frastructure to keep Americans safe town of about 1,800. We had corn, soy- in the 115th Congress. It is so exciting and create jobs, and I plan to work beans—I baled hay four times a year— to see the great votes we have already with this House to do just that. beef cattle, and I did that until I was 21 taken. We have over 3,000 regulations, There is much work to be done, but I years old. I know firsthand how hard on average, that are put out by our stand ready to work with my col- our farmers work to make a living, and agencies. And when you add up the cost

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There are many others that will be a We need to reduce the cost of health Mr. Speaker, I want to take just a part. I am looking forward to leading care, and we are starting to work on few moments to discuss something in our majority, putting people first, that now. I look forward to being part else, and that is, as we move forward putting Americans first, and this coun- of the solution. We need to ensure that and as we continue here, the majority, try is going to be the better for it. folks have patient-centered health care with these new freshmen and all com- Mr. Speaker, I yield back the balance that is supported by their doctors, not ing in, are going to be fighting for what of our time. matters. It is sort of amazing to me Federal bureaucrats running their f health care where it is a one-size-fits- now that, as we enter tomorrow and we all approach. take the first step toward repealing, b 1900 I am going to work hard to open up really, what is a disastrous law, it is CONGRESSIONAL PROGRESSIVE markets for farmers and ranchers. Ne- amazing now the cries of: Oh, what is CAUCUS: THE TRUMP ADMINIS- braska has such a great agriculture, going to be done? What are you doing TRATION NOMINEES now? But it didn’t seem to matter just farming, and ranching community. We The SPEAKER pro tempore. Under are going to give them that oppor- a few years ago when they said: Here is what you are going to have. You are the Speaker’s announced policy of Jan- tunity, and we are going to work hard uary 3, 2017, the gentlewoman from to do it. going to take it no matter what it New Jersey (Mrs. WATSON COLEMAN) is I am going to work hard to reform a does. You want your doctor? Keep him. recognized for 60 minutes as the des- broken Tax Code. It is not right that That is a lie. ignee of the minority leader. our Nation has the highest corporate You want to keep your health pro- taxes, and it puts us at a disadvantage vider? Keep him. Your insurance is GENERAL LEAVE when we compete overseas and with fine. Mrs. WATSON COLEMAN. Mr. That is a lie. It is amazing now how our neighbors. We must fix that. Speaker, I ask unanimous consent that some on the other side are just wanting I want to work hard to rebuild and all Members have 5 legislative days to to start yelling and saying: Oh, you restore our military’s readiness. It is revise and extend their remarks and in- have got to have a plan. clude extraneous material on the sub- hard to believe, Mr. Speaker, that our Have a plan? readiness is at the lowest level since ject of my Special Order. Let’s remind the American people The SPEAKER pro tempore. Is there post-Vietnam, and it is wrong. We have why we are here. The majority is here got to fix it. objection to the request of the gentle- because of 6 years of poor decision- woman from New Jersey? Finally, I want to work hard to re- making. It started at the base and has store our allies’ faith in our Nation. There was no objection. gone up. And we are going to continue Mrs. WATSON COLEMAN. Mr. Leading from behind has been a failure. as this majority to put people first, Speaker, I am here this evening rep- I will close with this thought, and it those who get up every morning, who resenting the Congressional Progres- is something that I communicated want a job, who want to be able to go sive Caucus in this Special Order hour, much during the campaign. Winning to their job and to start businesses and and I will be joined by colleagues as we elections is not the goal, but it is a start and use that intellectual capital will examine what our future appears means to an end. so that they can continue to do those to look like as we plan for the transi- Mr. Speaker, we are going to work things without government inter- tion which is taking place. We are 8 hard in this Congress and I am going to ference. be dedicated to working my hardest to I heard just the other day as I was days away from a new President and deliver results for the American people here working on a rule, Mr. Speaker, I administration that continues to and our district. It is about defending heard one of the speakers actually say refuse to put Americans first and liberty. It is about ensuring that we that we should not put these burdens complicit with Republican-controlled have opportunity and prosperity for on government employees because it Congress that will help them execute the next generations. It is about mak- would make their jobs so much harder. that mission. ing sure that our Nation stays secure. Please, tell me where the voice is for At 1 a.m. this morning, 51 Republican I thank the gentleman again for this the American worker out in the field Senators voted to repeal the Affordable opportunity to introduce myself. every day just trying to make ends Care Act with no replacement. After 6 Mr. COLLINS of Georgia. It is good meet. It is in this majority. And we years of hollow grandstanding, Repub- to have the General here. will continue to put forth policy that licans now know that their plan to re- It is going to be an interesting time. takes away the government overreach peal the ACA would dump massive I know you are the last speaker here, and puts it back where it belongs, and costs on families, businesses, and the but not the last of all of the freshmen. that is in the entrepreneurs, the moms, Federal budget. The facts are clear, Mr. We are going to be doing this more in the dads, the kids, those who have a Speaker. the coming weeks. But I just know as I dream right now in a freshman English Republicans’ repeal of the ACA would watch tonight, it is the passion of your class or a science class, that have a result in the loss of 2.6 million jobs and class coming in. dream that one day they will own their more than 250 billion—that is billion, I have watched you all as you have own business or go further. B—of gross State products in 2019 come and gone through orientation and Mr. Speaker, let’s put this in perspec- alone. Family budgets and State budg- done all of the things together and that tive. This majority is putting people ets alike would be rocked by the rever- there is a bond. I notice you come and first, and over the past 6 years, the berations of the repeal. And we cannot sit together and you all talk together, American people have responded. It is forget about our healthcare providers. and there is an understanding that you now our time to act. People say, if you The repeal of the ACA will crumble all come here for a purpose bigger than don’t have a plan, then you are not un- our critical healthcare infrastructure, yourselves—and that is exciting to see. derstanding. This is friends and neigh- decimating hospitals’ and healthcare So I am excited to have you here. It is bors that elected us, and we will not systems’ ability to provide services, going to be a good year. fail in this moment. weaken local economies that hospitals Mr. Speaker, as we have introduced We have said what we are going to help sustain and grow, and result in and talked about these new Members do. We are going to put people first in massive job losses of healthcare profes- and they have allowed themselves to their businesses, in their jobs, and in sionals. While Republicans claim to introduce themselves, one of the things their health care. When we do that, champion reducing the deficit, OMB that I wanted to do is just make sure, that is what makes America great. calculates that the Republican budget

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.122 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H461 resolution and repealing of ACA would which means that I have spent at least what is happening in my district, she lead to significantly larger deficits in 24 more years in a public school class- would see schoolteachers anxious to each year and add more than $2 trillion room than Betsy DeVos. If she actually teach but have textbooks in what is in debt over the next decade. stepped inside of a classroom in a pub- considered advanced placement classes Taking away 30 million Americans’ lic school, here is what she would find: that don’t even have the cover on the health care, blowing a hole in our she would find teachers who are giving top of the book that those children are budget, and saddling future genera- everything they can, their passion, using. I know this because I have seen tions with debt is the height of irre- their time, and often their own money it for myself. sponsibility. It is important to note to give kids the best education pos- So higher education is, indeed, that that just 20 percent of Americans sup- sible. She would find facilities in need issue, that opportunity, that difference port this repeal and delay plan. of repair, classrooms in need of modern between living a life of poverty and In fact, the American people want equipment, and programs in desperate being able to educate yourself and pre- Congress to focus on raising wages and need of funding. She would find stu- pare yourself for a future that we must creating good-paying jobs for everyone dents who deserve to receive an excep- stand up for, and we will. I thank the everywhere in America. The American tional education that will help them gentleman for the time that he has people want to be assured that their reach their potential. given us. Federal Government is working for all But Ms. DeVos has no interest in sup- Mr. TAKANO. If I might join in a lit- of their interests. That is what I want porting America’s public education tle more, I became a teacher—more to do as well. I stand ready to work system. Instead, she will insert a profit than, wow, gosh, it must be 30 years with anyone who is serious about these motive into our children’s education ago now—having experienced the dis- priorities. that will cripple our public schools and parity in the public schools in the Bos- Mr. Speaker, the nominees that this punish the millions of children who at- ton, Massachusetts, area; some days President-elect has put forth are fo- tend them every day. The Obama ad- being a substitute teacher in Brook- cused on everything but the true inter- ministration pushed public schools on line, Massachusetts, and other days ests of the American people. Maybe a race to the top. Betsy DeVos will cre- being a substitute teacher in inner city they are focused on the personal inter- ate a race to the bottom line. Boston. The contrast between the ests of the President-elect. Today, the The result of her work in Michigan wealthy Brookline School District and nominee to lead the Department of serves as a warning to schools across then the inner city Boston where you Housing and Urban Development, Dr. America. By using her personal fortune walk through a metal detector woke Ben Carson, could not even promise to influence policy, Betsy DeVos engi- me up. And I really believed that if we that not one decision or dollar would neered a massive influx of for-profit did not address the achievement gap in go to benefit the President-elect or his charter schools into the State of Michi- our country, that if the American family. This is a problem. gan. Michigan taxpayers now hand for- Dream of social economic mobility was Maybe they are focused on rolling profit charter schools $1 billion every only available to some and not all of back hard fought freedoms or protec- year, and, in return, many of those our students, that our very democracy tions. Yesterday, New Jersey Senator schools underperform public schools would be in jeopardy. CORY BOOKER reminded us that the It pains me to see from the incoming nominee for the Attorney General, while evading accountability. The opportunity that comes with a Trump administration such a super- Senator JEFF SESSIONS, has not dem- good education is what makes the ficial, extreme profit-driven notion of onstrated a commitment to the central American Dream possible for each new improving our schools. I wish that both requirement of the job, that is to ag- generation. If we abandon our public President-elect and Betsy DeVos could gressively pursue the congressional schools, we abandon the millions of see some of the great work that is mandate of civil rights, equal rights, and justice for all. This, Mr. Speaker, children and parents who rely on them being done at my schools in my con- is a problem. as a path to a brighter future. gressional district where we have a Perhaps maybe they are not even in- It is very simple. The Senate should teacher—I am blanking on his name, terested in siphoning money from chil- not confirm a Secretary of Education but he is responsible for one-fourth of dren and public schools. Nominee Betsy who does not believe in public edu- all the Latinos in the State of Cali- DeVos, the nominee for the Secretary cation. Senate Democrats and Repub- fornia that score 4s and 5s on the phys- of Education, has made a career of ad- licans must send a clear message to ics AP test. Remarkable work being vocating for the shutdown of public parents, teachers, and students across done in a regular school that does not schools and supporting legislation that the country that we stand by our pub- cherry-pick its students. It is a public has reduced oversight and account- lic schools. I hope they will do so by re- school in the Val Verde Unified School ability in Michigan charter schools. jecting this nomination. I thank my District that is making remarkable Her life work is the very antithesis of dear colleague from the State of New strides. This work is not being looked everything that the Department of Jersey. I appreciate this opportunity to at carefully, is being overlooked, and it Education represents. let my views be known and to make a is a shame that we have a nominee for This is a problem, and to speak to plea with our colleagues in the other Secretary of Education, Betsy DeVos, this problem I would like to yield to house to do their duty and hold out for who has such a terrible history, who is the gentleman from California (Mr. a Secretary of Education who actually committed to actually tearing down TAKANO), who has experience in stand- believes in public education. our public school system. ing up for public education for our chil- Mrs. WATSON COLEMAN. I want to Mrs. WATSON COLEMAN. By nomi- dren. thank my colleague for coming and nating TOM PRICE as the Secretary of Mr. TAKANO. Mr. Speaker, I thank taking the time and speaking on behalf Health and Human Services, President- my dear colleague, BONNIE WATSON of public education and students every- elect Trump will continue his assault COLEMAN, for yielding to me. where. We talked about it before, and I on the health of Americans. The HHS Mr. Speaker, I rise today to express am happy to announce that we will be nominee has made a career on lining my strong opposition to the nomina- working as part of the House Public the pockets of insurance companies at tion of Betsy DeVos for Secretary of Education Caucus and looking very the expense of the sick, on behalf of the Education. To start, President-elect closely at those issues that are being rich, and his unwavering support of Trump’s nominee to lead our country’s brought forth and those plans that are cuts to Medicaid and Medicare are for- education policy has absolutely no ex- being offered. ever known. perience in public schools: not as a I know if you look at my district in This signals yet another broken teacher, not as a student, and not as a my State of New Jersey, you see some promise by the incoming President to parent. That lack of experience makes of the finest public schools in the coun- pledge to leave the essential Federal her efforts to privatize public edu- try. At the same time, just 12 miles programs alone, and he is doing the op- cation particularly shameful. away, you see some of the most chal- posite. This is, indeed, a problem. I was a public schoolteacher for more lenging. I know in my district that, if Defending the sanctity of American than 24 years—I taught high school— Elizabeth DeVos would take a look at democracy is more important than any

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Here at and want to make clear is that this spoken with the President-elect about home, President-elect Trump has nom- new administration, when you look at the conflict. This is a huge problem, inated cabinet officials that would turn the majority of cabinet nominees, they not the least of which is one whether back the clock on progress. His nomi- are very, very wealthy and do not fun- or not we can believe it. nation for Secretary of Labor, Andrew damentally believe in a strong public I now yield to the gentlewoman from Puzder, is another millionaire CEO who sector and in many ways do not sup- California (Ms. LEE), a champion for all benefits from an economy rigged port the mission of the cabinets they progressive needs and for all families. against families struggling to make are actually asked to lead. Ms. LEE. Mr. Speaker, I want to ends meet. He earns more than $1 mil- Privatizing Medicare and other pub- thank the gentlewoman from New Jer- lion a year, but opposes a raise for low- lic sector programs that ensure that sey for yielding, but also for her tre- wage workers earning just $15,000 a the most vulnerable have a safety net mendous leadership on so many issues, year. He says that food assistance pro- and an opportunity to live the Amer- including as a champion for women and grams keep low-wage workers like ican Dream by privatizing these agen- women’s health and reproductive those he employs at, I believe, Carl’s cies is dangerous. It will lead to chaos. health care, and also for this important Jr. and Hardee’s—he says that if low- Private sector takeover of the govern- discussion tonight. wage workers apply for these food as- ment is dangerous and it erodes our sistance programs, then the programs public institutions that are required in b 1915 actually discourage work. There are a democracy. I just want to mention that I serve millions of people who are working two So, Congresswoman WATSON COLE- on the Budget Committee, and you jobs being paid minimum wage who MAN, I believe this is the dangerous, mentioned a nominee, Congressman need food assistance, who need food slippery slope that this administration TOM PRICE of Georgia, for Secretary of stamps, because they can’t survive in has embarked upon, and we need to ex- Health and Human Services. Once today’s economy. pose every step of the way who these again, we see President-elect Donald So the working, poor, low-income in- individuals are, their background, and Trump making recommendations of dividuals, should be very troubled by we have to urge that they comply with those individuals who want to dis- this appointment as Secretary of the ethics requirement and submit mantle the safety net and dismantle Labor, which is supposed to look out their financial disclosure statements health care within the agencies that for the rights of working men and and all the required ethics forms so they are going to run. This is a very, women. We need a Labor Secretary that the public will know who they are. very troubling development in terms of committed to helping working families We must be transparent and, of course, these cabinet appointee nominees. and addressing the epidemic of poverty, we would like for our President-elect I note that—and many know—Presi- not one who caters to the most afflu- to release his income taxes also. dent-elect Trump ran one of the most ent. Again, we kind of see what is taking divisive and prejudiced campaigns that Also, by nominating Senator SES- place now. We knew this during the we have witnessed in modern history. SIONS to lead the Justice Department, campaign. I thought that we were Since winning the Presidency, he has President-elect Donald Trump is mak- going to see now more of an effort to nominated billionaires to serve in his ing it clear that he will abandon our unify the country, but, unfortunately, I fundamental civil and human rights. cabinet, proving that he will govern think these nominees show us which Senator SESSIONS has a long history of just as he campaigned. Also, he has direction, unfortunately, this new ad- opposing civil rights and equality. I am nominated individuals who want to dis- ministration will take. very proud of members of the Congres- Mrs. WATSON COLEMAN. I thank mantle, for the most part, the agencies sional Black Caucus for really setting the Congresswoman. It is true. As we that they will have jurisdiction over. forth his record and his history, such see the unfolding of some of the drama Another example is his choice for as laying out the fact that he was re- that is taking place, including that Secretary of State, which Congress- jected from serving as a Federal judge which affects us and is associated with woman WATSON COLEMAN mentioned, due to his blatantly racist comment. Russia, it is even more important than and that is Rex Tillerson. I serve on He forcefully degraded the LGBT com- ever that the President show us that he the State, Foreign Operations, and Re- munity, opposed the Violence Against is not hiding anything regarding his re- lated Programs Subcommittee of the Women Act, and violated the Voting lationships that potentially present a Appropriations Committee and under- Rights Act, calling it an intrusive contradiction of his first and foremost stand the importance of our diplomatic piece of legislation. responsibility to us and show us his tax initiatives, our USAID initiatives, and Clearly, someone who has publicly returns. our efforts to really bring education shown prejudice and intolerance is not I thank the gentlewoman from Cali- and health care to the poorest of the qualified to serve as the chief law en- fornia very much for being here. poor around the world. Our Secretary forcement for our civil rights laws. I yield to the gentleman from New of State serves as the Nation’s chief Once again, you see a nominee who York (Mr. NADLER). diplomat and represents America’s in- really doesn’t believe in the values of Mr. NADLER. I thank the gentle- terests around the world. I have the op- liberty and justice for all, a person to woman from New Jersey for yielding, portunity and the privilege to serve on head an agency that is supposed to be for hosting this Special Order, and for the committee that funds the majority an agency that ensures the civil and granting me this opportunity to speak. of these efforts. human rights for all. Let me be clear, Since the first nomination was an- So the nomination of Secretary of these nominations are a chilling indi- nounced by President-elect Trump’s State Rex Tillerson really troubles me. cation of how a Trump administration transition team, phones in my office His extensive ties to the Kremlin raises intends to govern. have been ringing off the hook; and not the question: Whose interest will he Our Nation has made tremendous a day goes by when I do not hear from represent? progress in the fight to protect, pre- my neighbors, friends, and constituents Our country cannot afford a Sec- serve, and expand civil rights, civil lib- of their angst, frustration, and dis- retary of State who will place private erties, and human rights for all Ameri- content. I share their anger and corporate interests over the needs of cans. We will not allow a Trump ad- dread—that feeling of being punched in the American people and our national ministration to drag us back into the the gut—as name after name has been security interests. His recent confirma- past. released. Each nomination from Presi- tion hearing revealed what we have Finally, let me just say something dent-elect Trump has put the fox in known all along in Republican-con- that is troubling me tremendously at charge of the henhouse.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.125 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H463 We are not talking about simple dif- any mandate from the people to carry Mr. Speaker, in addition to those ferences in partisan ideology. We are out the dystopian horror show this cab- that my colleague has mentioned, I talking about nominees who have de- inet presents. Rather than rubber would like to bring attention to some voted much of their professional lives stamping the most extreme cabinet I of the other nominees that we should to undermining the small-d democratic have seen in my 25 years in Wash- be considering here. ington, the Senate should reject these institutions that are the foundation of b 1930 our country. This new administration extreme nominees, and then both is so extreme that we cannot, in any Houses should do their constitutional We haven’t mentioned the Depart- good faith, give this President-elect duty to conduct oversight of the ad- ment of Energy and the nominee, Gov- the traditional deference to name a ministration. ernor Rick Perry, who disregarded this cabinet that represents his governing I am ready to do that work. Over a agency so much that he couldn’t even philosophy because the appointments month ago, along with my Democratic remember that he wanted to eliminate show it to be a philosophy that seeks Judiciary Committee colleagues, I sent it when he was running for President, to corrupt, if not fully destroy, our in- a letter to Chairman GOODLATTE ask- or even Linda McMahon, who is the stitutions, traditions, and values. ing him to hold hearings on the con- wife of a billionaire. It seems to me Senator JEFF SESSIONS, the nominee flict of interest and ethics provisions that this litany of nominees belongs to for Attorney General, was considered that apply to the President of the the millionaire-billionaire club. They too racist to serve on the Federal United States. I have not heard a re- know each other well, and the one bench by a Republican Senate, much sponse. Every Democrat in this House thing that they are committed to is en- less to head the Justice Department, signed on to the Protect Our Democ- suring that their interests and the in- and is someone who has so little re- racy Act, legislation to create an inde- terests of this President-elect, in his spect for women’s rights he voted pendent, bipartisan-appointed commis- private life, are advanced. I think that against the Violence Against Women sion to investigate Russian hacking in the people in this country need to un- Act and called Roe v. Wade a colossal the 2016 election and to make rec- derstand how troublesome this is. mistake. ommendations to ensure nothing like I yield to the gentlewoman from New Ben Carson, the nominee for HUD that happens again. It is interesting York (Ms. CLARKE), the co-chair of the Secretary, said today in his confirma- that not a single House Republican has Caucus on Black Women and Girls and tion hearing that he was against pro- joined us. a fighter for the rights of all working tecting LGBT Americans from housing I join my constituents and millions families and all vulnerable families. discrimination because protecting of Americans in wanting to know why Ms. CLARKE of New York. I thank them from housing discrimination Republicans are working so hard to the gentlewoman from New Jersey would be granting them extra rights, protect President-elect Trump from (Mrs. WATSON COLEMAN). refusing to recognize that LGBT Amer- having to answer questions about Rus- Mr. Speaker, I rise in opposition to icans deserve equal rights. sian influence in this election. Why are the nomination of Betsy DeVos as Sec- TOM PRICE, the nominee for HHS Sec- Republicans working so hard to sup- retary of Education. I know that my colleagues have been retary, wants to eliminate Medicare port President-elect Trump’s extreme talking about their concerns with re- and Medicaid as we know them, repeal and out-of-touch cabinet? Why aren’t gard to the troubling nominations of the Affordable Care Act without a sec- Republicans asking the same questions Donald Trump, and I want to add my ond thought for the millions of Ameri- about how President-elect Trump will voice with respect to the Secretary of cans who would lose coverage or would avoid conflicts of interest? be subject to limits on preexisting con- I have served in this body for nearly Education. About 90 percent of Americans—Re- ditions and would be subject to life- 25 years. I have seen this body take on time and annual limits, and has so lit- the big questions of our time—the role publicans and Democrats alike—send tle understanding of women’s health of government in the lives of everyday their children to public schools; and as that he insisted that not a single Americans, the threat of terrorism in a proud graduate of the New York City woman would lose access to contracep- the city I call home and around the public school system, I, myself, know tion if contraception coverage were country, the right of every American firsthand of the importance of both pri- eliminated. to marry whomever they love, the mary and secondary education as part Betsy DeVos, the nominee for Edu- right of every American to vote free of of early childhood and young adult- cation Secretary, advocated for years intimidation, and the right of every hood. Most public schools in the United to move taxpayer dollars away from American to make their own States are operated by the city, town, public schools and towards for-profit, healthcare choices. I have seen us come or county for the benefit of the public, private schools that would leave behind through those battles bruised and bat- and all of the resources that are allo- low-income students, minority stu- tered but stronger. cated to public schools are used to sup- dents, and children with disabilities. That is why I refuse to despair. I port the development of students and Scott Pruitt, the nominee for EPA refuse to put my head down and hide. I to prepare them for success in the 21st administrator, does not believe in cli- refuse to give up on America. I will century. mate change and is so linked to the stand here and fight for the country we Mr. Speaker, I believe Betsy DeVos fossil fuel industry that he has sued all believe in. I will do everything in has a very different approach to edu- the EPA a dozen times to block envi- my power to represent the strong pro- cation, and that is extremely clear. ronmental regulations designed to pro- gressive values of the men and women She and her family, over the years, tect us from the effects of climate who sent me here. have devoted millions of dollars to re- change. I will work with my colleagues here placing public schools in Michigan The list goes on and on, each more in the House and the Senate to stand with charter schools, most of which horrifying than the one before. These united against any effort to undermine have recorded test scores in reading are not the values the majority of the rights we have fought so hard to and math that are well below the State Americans voted for in November, and achieve, whether it comes from the average. Let me repeat that—most of I don’t just mean because Hillary Clin- other end of the world or the other end which have recorded test scores in ton won the popular vote by 3 million. of Pennsylvania Avenue. reading and math that are well below I cannot imagine that the voters who But if there is to be any check on the State average. wanted to drain the swamp and voted this administration, congressional Re- Recently, the Detroit Free Press re- for Mr. Trump for that purpose and publicans will need to join in that leased an article that explained, while have the needs of working people rep- fight, and it starts with rejecting the families in Detroit have the choice of resented are thrilled to see him name shameful slate of nominees. many different charter schools, few of the wealthiest cabinet—with the great- Mrs. WATSON COLEMAN. I thank these choices actually offer a quality est collection of Wall Street insiders— my colleague for sharing his insights education. in American history. and his experience with us. We have a Mr. Speaker, I am concerned that The fact is, President-elect Trump lot of work to do, and we are ready to Betsy DeVos has used donations to pro- and the Republican Party do not have do it. vide to Republicans in the Michigan

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As we look to- yer, and the Department of Justice the law that was developed by Betsy DeVos, ward all of these issues, either individ- firm, for the American people. which allows for-profit corporations to ually or collectively, at what point do That is why I agree so strongly with then- operate charter schools, realigns those we conclude with the question: Is what Senator BIDEN when he said in 2001: resources intended for schoolchildren is happening in America un-American? ‘‘[F]or the office of attorney general, first, the into the pockets of shareholders—mak- Mr. Speaker, I yield back the balance question is whether the attorney general is ing a profit off the backs of children. of my time. willing to vigorously enforce all the laws in the Since 1959, the DeVos family has op- The SPEAKER pro tempore (Mr. HIG- Constitution, even though he might have philo- erated Amway, which is a business that GINS of Louisiana). Members are re- sophical disagreements.’’ ‘‘[The second question is] whether he pos- has been labeled as a pyramid scheme— minded to refrain from engaging in sesses the standing and temperament that will paying out millions of dollars in fines personalities toward the President- permit the vast majority of the American peo- and cheating working families. We can- elect or a sitting Senator. not allow Betsy DeVos the chance to ple to believe that you can and will protect and Ms. JACKSON LEE. Mr. Speaker, as a sen- enforce their individual rights.’’ extend those same basic principles used ior member of the House Committees on the during her time at Amway to affect our Put another way, the U.S. Attorney General Judiciary and Homeland Security Committee; and Justice Department is not only the instru- education system—enriching wealthy Ranking Member of the Judiciary Sub- investors at the expense of our chil- ment of justice but also the living symbol of committee on Crime, Terrorism, Homeland Se- dren’s education. It is not a solution. It the Constitution’s promise of equal justice curity, and Investigations, and the Congres- is a problem. under law. I thank my colleague for giving me sional Voting Rights Caucus, I rise today to Mr. Speaker, the nation’s greatest Attorney the time. I hope that the American express my views regarding the more trou- Generals conveyed this commitment to equal people are watching very closely as to bling nominations made by the President-Elect justice by their prior experience, their words what is taking place here because, in- to fill the important Cabinet posts at the De- and deed, and their character. deed, it is a travesty. partments of Justice, Health and Human Serv- Think Herbert Brownell, Attorney General for Mrs. WATSON COLEMAN. I thank ices, and Energy. Republican President Eisenhower, who my friend and my colleague. Let me begin with the nomination of U.S. overaw the integration of Little Rock’s Central Mr. Speaker, defending the sanctity Senator JEFFERSON BEAUREGARD ‘‘JEFF’’ SES- High School. of American democracy is more impor- SIONS III of Alabama to be the next Attorney Think Robert Jackson, Attorney General for tant than any partisan consideration. General of the United States. Democratic President Franklin Roosevelt, who We are at a juncture at which we will Mr. Speaker, those of us who oppose the led the prosecution team at the Nazi War experience a President-elect who has nomination of Senator SESSIONS to be Attor- Crimes trial in Nuremburg, Germany. displayed breathtaking ignorance ney General owe a responsibility to the public Think Robert F. Kennedy, for whom the about the powers and the basic func- to clear and forthright in stating the reasons Main Justice Building is named, bringing to tions of government and who has iden- they believe he should not be confirmed as bear the instruments of federal power to pro- tified the nominees for these cabinet the Attorney General of the United States. tect Mississippi Freedom Riders and to stare positions who, if confirmed, will dis- Many of the senator’s supporters, ranging down Governor George Wallace in the suc- mantle equality, equity, and oppor- from his Republican colleagues in the Senate cessful effort to integrate the University of Ala- tunity at every turn, capped off by a to current and former staffers to home state bama. Republican-controlled Congress that friends and constituents, praise the senator for The nomination of Alabama Senator SES- would rather make good on divisive his modesty and courtesy and manners. SIONS as Attorney General does not inspire rhetoric instead of working in the best The four-term senator and former state and the necessary confidence. As a U.S. Senator from Alabama, the state interests of Americans. federal prosecutor is, we are told, learned in There is just so much at stake as we the law, a person of deep faith, a good man from which the infamous Supreme Court deci- go forth in the next couple of weeks who loves his family, his state, and his coun- sion in Shelby County v. Holder originated, and as the President-elect identifies try. Senator SESSIONS has failed to play a con- and puts forth his nominees. Whether We can, as the lawyers say, stipulate that structive role in repairing the damage to voting it is in the Department of State or in these assertions are true. rights caused by that decision. He was one of the leading opponents of the the Department of Education or in En- But that does not make him an appropriate reauthorization of the Violence Against ergy or in HUD or in Health and and deserving candidate to be Attorney Gen- eral of the United States. Women Act. Human Services or in Justice or in the He is one of the Senate’s most hostile op- And that is because the office of Attorney Environmental Protection Agency— ponents of comprehensive immigration reform General and the Department of Justice he or where a nominee, as Attorney General, and was a principal architect of the draconian she leads is different in a very fundamental spends his time dismantling and liti- and incendiary immigration policy advocated way from every other Cabinet department. gating against the Environmental Pro- by the President-Elect during the campaign. tection Agency—or whether it is Unlike the Secretary of Transportation or And his record in support of efforts to bring Labor, where the Labor Secretary Commerce or Education, or even the Sec- needed reform to the nation’s criminal justice doesn’t seem to care about working in- retary of Defense or State, the Attorney Gen- system is virtually non-existent. dividuals and protecting workers’ eral leads a department that is charged with In 1986, ten years before Senator SESSIONS rights, or whether it is an SBA admin- administering the laws and enforcing the Con- was elected to the Senate, he was rejected for istrator who doesn’t have any idea stitutional guarantees and protections that di- a U.S. District Court judgeship in view of doc- what it is to be a part of a working rectly affect every American, all 320 million of umented incidents that revealed his lack of class or a middle class, or whether it is us. commitment to civil and voting rights, and to even the Treasurer of the country, who To quote then-Senator JOSEPH BIDEN during equal justice. comes from massive wealth and Big the 2001 confirmation hearing of Attorney And his Senate voting record and rhetoric Business, each of these illustrations, in General nominee John Ashcroft: has endeared him to white nationalist websites combination with there being the deci- ‘‘This Cabinet position is the single most and organizations like Breitbart and sions already to dismantle—to take unique position of any Cabinet office.’’ Stormfront. health care away from millions of fam- ‘‘For it’s the only one where the nominee or As a U.S. attorney, Senator SESSIONS was ilies, to create the loss of jobs as a re- the Cabinet officer has an equally strong and the first federal prosecutor in the country to sult of dismantling the Affordable Care stronger, quite frankly, responsibility to the bring charges against civil rights activist for Act without placing anything in its American people as he does to the person voter fraud. place—represent the dismantling of the who nominates him.’’ Senator SESSIONS charged the group with democracy that we have fought so hard At that same confirmation hearing, Sen. 29 counts of voter fraud, facing over 100 to sustain. DICK DURBIN of Illinois observed that ‘‘the at- years in prison.

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Senator SESSIONS has repeatedly denied Yet, you look at the economics of to create methamphetamine, that the disproportionate impact of voting restric- Mexico in the world, and you think, meth lab became much more rare, es- tions on minorities and has been a leader in wow. You look at their resources—ex- pecially in east Texas, where I live, the effort to undermine the protections of the traordinary resources, just extraor- where we have got lots of trees, Voting Rights Act. dinary resources. We know they have woods—terrain where people can easily Senator SESSIONS has spoken out against got hardworking people because we hide out, set up a lab, cook some meth- the Voting Rights Act, calling it ‘‘a piece of in- know, from the people of Mexico who amphetamine, especially as developed trusive legislation.’’ have come to the United States, that during my time on the felony bench, Senator SESSIONS criticized Attorney Gen- people constantly indicate, gee, they where people in Texas learned how to eral Eric Holder for challenging state election are the best workers we have, these cook methamphetamine, create meth- laws, claiming they are necessary to fight hardworking folks from Mexico. amphetamine with a cold cooking proc- voter fraud. So you have got hardworking people ess that didn’t subject them to quite However, evidence supports that voter fraud in the nation of Mexico, and you have the danger and didn’t create quite the is almost nonexistent, with 31 confirmed cases got incredible natural resources that nasty smell that often got meth labs out of more than 1 billion ballots cast. have never been tapped—or not ade- reported to the authorities. As Attorney General of the state of Ala- quately tapped. We don’t even know b 1945 bama, Senator SESSIONS fought to continue the full potential—oil, gas, copper. By drying up so many of the meth practices that harmed schools predominantly There are all of these different min- labs, we were told it is going to be a attended by African-American students. erals that Mexico is supposed to have. Senator SESSIONS led the fight to uphold the great day for America. We dry up the You look at what people have done state of Alabama’s inequitable school funding meth labs by making it tougher to get over the thousands of years—I mean, mechanism after it had been deemed uncon- Sudafed because you have to ask, give advanced civilizations. Why is Mexico stitutional by the Alabama circuit court. your driver’s license, and you are re- not one of the top 10 or even top five In the state of Alabama nearly a quarter of stricted to a very limited amount of economies in the world? It is listed African-American students attend apartheid Sudafed. We were told that is going to 62nd in the world. schools, meaning the school’s white popu- dry up drugs. Methamphetamine is They have got plenty of land. I can lation is less than one percent. going to be a thing of the past. We will personally testify that they have some Although Senator SESSIONS has publicly cut it to next to nothing. taken credit for desegregation efforts in the of the most beautiful terrain in the Well, it is true. It is not as wide- state of Alabama, there is no evidence of his world—beautiful beaches, mountains, spread as it used to be, but I am told participation in the desegregation of Alabama farming regions; just magnificent land, that more pure drugs with much more schools or any school desegregation lawsuits minerals, and hardworking people. Why devastating results and much more ad- is it 62nd in the world as an economy? filed by then Attorney General SESSIONS. dictive are coming up from Mexico in Mr. Speaker, The United States has been That is an interesting question. greater numbers, greater quantities. It blessed to have been served as Attorney Gen- It would seem to be because—from is even worse than it was when meth- eral by such illustrious figures as Robert Jack- hearing people who have looked at amphetamine was being cooked be- son, Robert Kennedy, Herbert Brownell, Mexico and who have either tried to cause of the purity of the substances Ramsey Clark, Nicholas Katzenbach, Eric start a business there or who have and the addictive nature. Also, as a re- Holder, and Edward H. Levi. looked at it to start a business there, sult of drying up so much in the way of Nothing would do more to reassure the to start manufacturing there—of methamphetamine, we have much American people that the President-Elect is course, there are many who have set up more of the heroin epidemic crossing committed to unifying the nation than the nom- manufacturing shops down there, but America. ination and appointment of a person to be At- they are easily persuaded out of it if Additional drugs have come from torney General who has a record of cham- they can find a more suitable place. Mexico across our porous border that pioning and protecting, rather than opposing The reason it is often easy to persuade seems to have grown during the Obama and undermining, the precious right to vote; people to set up shop somewhere else is administration dramatically. Why? Be- the constitutionally guaranteed right of privacy, because of the drug cartels, the corrup- cause our border has really not par- criminal justice reform, and support for reform tion that the drug cartels bring to ticularly been all that enforced. of the nation’s immigration system so that it is Mexico. It turns out that it is not just other fair and humane. What is it the drug cartels are mak- drugs that are coming across our bor- Regrettably, Sen. JEFF SESSIONS of Ala- ing billions of dollars off of that allow der. Since we have been able to elimi- bama is not that person and he should not be them to corrupt police departments? nate so many meth labs, especially in confirmed by the Senate to be the nation’s city governments? the Mexican border Texas, we see stories like this one from 84th Attorney General. patrol? the Mexican military? Bob Price, January 5, ‘‘Feds Seize Obviously, the people in all of the f Nearly $7M in Meth At Texas Border.’’ Mexican Government are not corrupt. I That is a story about the seizure of THE WALL have met too many who want des- methamphetamine at two inter- The SPEAKER pro tempore. Under perately to make the nation of Mexico national border bridges in south Texas the Speaker’s announced policy of Jan- one of the greatest in the world, and it in 1 week. The Customs and Border uary 3, 2017, the Chair recognizes the is possible that could happen but not so Protection, CBP, that was assigned to gentleman from Texas (Mr. GOHMERT) long as the drug cartels are, poten- the World Trade Center International for 30 minutes. tially, the most powerful entities in Bridge in Laredo, this article reports Mr. GOHMERT. Mr. Speaker, it is Mexico. I mean, they are right next to how they had caught two drug traf- Thursday evening in the House of Rep- the United States. They really should fickers with 200 pounds of crystal meth resentatives, and I continue to hear be one of the top, at least 10—if not the in one vehicle, and that was December friends, fellow Members of the House, top five or the top three or four— 22, 2016. and reporters in anguish over the issue economies in the world, but they are We also know that the border secu- of a potential wall between the United nowhere close. rity under this administration has be- States and Mexico; so I thought it was Drug cartels, we have found—and we come just almost nonexistent. We had worth looking at some information know—make money, particularly off an article from January 12, today, from about Mexico—our closest neighbor to shipping illegal drugs into the United McAllen, from Fox News, entitled, the south. The data should be recent. States. They have made a fortune off of ‘‘Cartels, Smugglers Exploit Border They have got nearly 120 million peo- it. I have heard from friends of mine in Wall Fears Ahead of Trump Presi- ple in Mexico. The gross domestic prod- Texas who are in the drug enforcement dency.’’ So apparently they are using uct is around 2.1 trillion in pesos. They business, both Federal and State. When this time before President Trump is have 2.1 percent growth—terrible. It is the U.S. Congress took action to make sworn in next week to scare people into about like the Obama economy. The it more difficult to get SUDAFED, coming now. Bring your drugs now. average income is around $17,000 per which is used in the cooking of sub- Come illegally now into the U.S. before capita. Inflation is 4.0 percent. stances that are put together in order Trump becomes President.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.050 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H466 CONGRESSIONAL RECORD — HOUSE January 12, 2017 I guess it is a bit akin to Iran. After 10? We keep coming back to the drug ‘‘Well, what about the rest?’’ holding American hostages for over a cartels and the corruption that they ‘‘They are going to let me pay that year under Commander in Chief Jimmy have brought to Mexico and the bil- out after I am in the United States.’’ Carter, became so scared of a tough, lions of dollars that are generated by b 2000 independent-minded Ronald Reagan the drug cartels. coming into office, they let those hos- As we have talked about here in the It becomes clear very quickly that, tages go on the very day he was sworn House, the border patrolmen tell me— once again, this business model that in. So they didn’t risk him taking mili- I have been there all night—there is the drug cartels have includes getting tary action against them. not a single inch of the U.S.-Mexico people in rafts where the Rio Grande This is another story from Jessica border that is not controlled by one of River requires a raft, or just getting Vaughan, January 2017, that reports the drug cartels and that nobody them across in unguarded areas, or that ‘‘ICE Deportations Hit 10–Year should cross the border unless they areas where we need a wall and don’t Low.’’ This is January 2017. DHS has have paid the drug cartels, have the have one, getting them across, and hit a 10-year low in deportations. drug cartels’ permission. then getting DHS to send them to the We see stories about how border con- I have seen firsthand how it works. city where they want to set up shop as trol is almost nonexistent on our They will send a group across the river drug traffickers, human traffickers. southern border, stories that expecta- with coyotes in rafts when they are What a business model. You get the tion of amnesty is attracting immi- down on the Rio Grande. That keeps Federal Government of the United grants to our U.S. border. the Border Patrol busy. At another States to help you set up your business Here is another story from January place, they send people with drugs. machine, your business model in the 10 by Brittany Hughes, ‘‘Border Agents I have been there and seen their look- United States. They are shipping your Catch Another Wave of Illegal Aliens outs, climbed up on perches where they employees around the country to dif- From Cuba Amid Escalating Spike.’’ I can watch. When the Border Patrol ferent cities. Yes, it is normally under have been told, when I am down there, goes by, they know they won’t be back the guise of: I have a relative there, they are seeing more and more Cubans for a while, so they get surprised when here is the relative’s address. They are coming across the Mexican border of I drive by in the middle of the night. going to take care of me. They are all over the place around all places. Perhaps you get delayed and have to So the insecurity—not mentally—of our southern border. They are making wait for an immigration judge that was billions of dollars. Whoever came up the United States, but the actual inse- appointed by Eric Holder to give you a with the business model for the drug curity of the United States because of notice to appear for a hearing 4 years cartels that you could make such mas- our vulnerability to people that hate later, a year, 2 years later, and then sive amounts of money bringing drugs us and drug cartels that want to make you can go on to the city where the illegally into the United States, it was billions of dollars by hooking people on drug cartels want you to finish paying really a business genius. But it would drugs that they will deliver, has off what you owe them for getting you take a business fool in the United reached insane levels. That is probably into the United States. States to allow the kind of model that part of the reason that Donald Trump So to have a business model that re- Mexico has set up for its drug business was elected President by an avalanche quires your workers to pay you is ex- to even get a foothold in the United in the electoral college. traordinary, but that is what drug car- States. tels are able to do when you have a If you look at the counties that voted As I have mentioned, one of the Bor- for Hillary Clinton and you look at the willing Obama administration here in der Patrol told me that the drug car- the United States that will help you counties that voted for Donald Trump, tels call the Department of Homeland set up your drug cartel mechanism it becomes very clear that the Demo- Security their logistics. They bring here in the United States. That is what cratic Party in the United States has their drug dealers. They bring their has been going on. basically become a fringe party. They drug traffickers. They bring their pros- In the meantime, back in Mexico, won the fringes: West Coast, East titutes. Unfortunately, girls are being you generate so much money by having Coast, part of Florida, part of the forced, often, into drug trafficking or your workers pay you to work for you, northeast, Chicago, Detroit, some of human trafficking, and they are going and getting billions of dollars from the the northern cities, the southern valley to be used as prostitutes to make drugs that are sent into the United of Texas. I mean, it is a fringe party. money for the drug cartels. They send States, hooking people here in Amer- There are a few exceptions inside the them across. country, but basically the rock-solid As a border patrolman said, they ica, making them reliant on and ad- interior that the American people send them across, and then DHS here dicted to drugs that destroy their lives. make up—in what some refer to as fly- in America becomes their logistics. We So basically the drug cartels get a two- over country in America—voted rather ship them wherever they want them to for. They destroy the human infra- solidly for Donald Trump. go in the United States. All they have structure of the United States with Here are numbers from the CIA to do oftentimes is just have—I have poison that some would say, well, that World Factbook on Mexico: seen them—a Xerox copy of the address is another name for illegal drugs. And Crude oil exports, a 2015 estimate, where they are supposed to go, and then, in the meantime, you have got had 1.199 million barrels per day. Coun- DHS puts them on the bus—sometimes all of that money coming to you, and try comparison to the world, 13. flies them, but usually buses—and you use that money to buy off police. Crude oil imports, 11,110 barrels a ships them off to a city where the drug Thank God there are some stand-up po- day. Crude oil, proved reserves, 9.7 bil- cartels want them to set up shop. lice in Mexico that can’t be bought. lion barrels, and that is just proven re- I have been there in the middle of the But if they go too strongly head to serves. night when border patrolmen will ask head with the drug cartels—we have If you look at natural gas from a 2014 how much they paid to be brought in seen the pictures—they can end up estimate, 44.37 billion cubic meters. illegally to the U.S. Some of the Span- with their head on a pike as a message. That is supposed to be 19th in the ish speakers in our Border Patrol are We have had chiefs of police that were world, but when you consider how pro- really incredible as they drill down and killed when they refused to kowtow to ductive they could become once they get answers to their questions that are the drug cartels, and so the message began fracking, using more advanced not always on the list that DHS tells becomes pretty clear. technology, then you find out that, them to get. It seems to me that the biggest rea- wow, this is a nation—the nation of ‘‘How much money did you pay?’’ son that Mexico—with extraordinary Mexico—that really should be one of They would say, ‘‘Well, you didn’t have people and extraordinary natural re- the top 10 economies in the world. $6,000, $7,000, $8,000. Where did you get sources, a beautiful, fantastic country, What is the excuse that it is not? It that money?’’ a location that is just incredibly ad- has hardworking people, natural re- ‘‘Well, I was able to get $1,000 from vantageous because they have got ship- sources that most of the world could somebody in the U.S., $1,000 from some- ping that can go out on the West Coast only envy. Why is it not one of the top body in Mexico or Guatemala.’’ like we do to the Pacific, shipping on

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.131 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H467 the East Coast into the Caribbean, the War shows the character of military With remarkably few exceptions, Gulf of Mexico, ready access to North leaders. Marines who served under Presidents from George Washington to American markets, ready access to Mattis in Iraq speak in glowing terms Barack Obama have valued our institu- South American market, what an op- about his strength, intelligence, and tions and our democracy more than portunistic location for Mexico. Yet, ability. private gain or personal advancement. they struggle so far behind most na- Mr. Speaker, it is with sadness that I Now, Mr. Speaker, we have a Presi- tions, or so many nations in the world. rise this evening to oppose legislation dent-elect who doesn’t think the rules Dozens and dozens, 60 or so, are before that would allow General Mattis to should apply to him. We have a Presi- them because drug cartels have such a serve as our 26th Secretary of Defense. dent-elect who is brazenly breaking powerful part in Mexico itself. This might seem contradictory. It norms left and right. We have a Presi- So there are many Americans, espe- might appear partisan or unpatriotic. dent-elect who promises to make cially friends of mine across the aisle In fact, the opposite is true. America great again, but is dividing here, who think it is an absolute out- My position is entirely straight- the country as never before. rage to talk about building a wall be- forward, Mr. Speaker. When it comes Here in the United States, we believe tween the United States and Mexico. to something as basic as civilian con- every American is entitled to equal There are some Mexican officials that trol of the military, I believe excep- justice under the law. But Donald think it is an outrage to talk about tions should be granted for extraor- Trump believes that a different set of building a wall between the United dinary circumstances, not extraor- rules should apply to him than apply to States and Mexico. dinary people. President Obama or President Bush or Now, some of those Mexican officials For more than half a century, re- any of the other men who have held think it is an outrage because they cently retired military leaders have our highest office. haven’t thought through the magnifi- been barred from assuming the top post Unlike his predecessors, Donald cence that may arise in Mexico once we at the Pentagon. The Members of Con- Trump has stubbornly refused to re- have secured the border between Mex- gress who enshrined this prohibition in lease his tax returns. Unlike his prede- ico and the United States and we can law had fresh memories of the Second cessors, Donald Trump has irrespon- slow the drug trafficking to a trickle. World War. They are wary of a deco- sibly meddled in our foreign relations So the drug cartels will not be looking rated general slipping off his uniform throughout the transition. Unlike his at billions of U.S. dollars; they will be and immediately stepping into a civil- predecessors, Trump has done nothing looking at thousands; and if they are ian role. They were apprehensive about to diminish massive conflicts of inter- installing a Secretary of Defense who extremely powerful, maybe millions. est stemming from his complex busi- could be perceived as partial to one But if we get that down to thousands, ness dealings overseas. service over others. They are also wor- Yet, instead of applying a check on then the Mexican people will be able to ried about whether the reputation of this pattern of reckless behavior, have control without corruption, with- our military as a nonpartisan institu- House Republicans have rolled over out massive pockets of corruption, tion would suffer if its most respected time and time again. without a drug cartel that can buy sol- leaders could transition directly into Mr. Speaker, the Republicans won’t diers, buy police, buy chiefs of police, political positions. stand up to a President entering office and buy mayors. Again, thank God it is The last time a recently retired mili- with just a 37 percent approval rating only a small part of Mexico, but it tary man, the great George Marshall, because it is precisely that 37 percent keeps Mexico suppressed from the was permitted to lead the Pentagon, of the public that scares them. In fact, great economic power that it could be. America was facing the prospect of a that 37 percent has terrified them for 8 And the potential is all there. humiliating defeat in the Korean war. long years. It scared them into turning You build a wall, then you shut down Even then, congressional leaders speci- a blind eye to the racist birther con- the drug cartels. And when they only fied that his waiver was a one-time ex- spiracy theories. It scared them into have thousands of dollars to bribe po- ception to the rule. shutting down the Federal Govern- lice instead of millions or billions of While our country must confront an ment. That 37 percent even scared dollars, then law and order will prevail array of threats today, none of our na- them into risking a debt limit default and the drug cartels will not, and we tional security challenges remotely which would have immediately trig- will have the most extraordinary compares to a massive ground war in gered an unprecedented economic melt- neighbor to our south all because we the Far East. down. followed the example in Mending Wall, Mr. Speaker, I understand that many Mr. Speaker, we need a President and we had a wall between us that we of my colleagues are eager to grant like Barack Obama who looks out for kept up, we took care of, we shut down, this waiver because they greeted the 100 percent of the American people. We helped Mexico shut down the drug car- announcement of Mattis’ appointment need a President like Barack Obama tels by being a good neighbor, enforc- with a sigh of relief, a sigh of relief be- who abides by 100 percent of the rules. ing the border, and the standard of liv- cause it meant Donald Trump had We need a House majority that is will- ing in Mexico spirals upwards through picked someone who is known to be ing to uphold its constitutional obliga- the sky. The power Mexico would have competent and patriotic, and someone tions 100 percent of the time. as a nation in any international orga- who doesn’t have a cozy relationship Moving forward in this Congress, the nization will be extraordinary, and the with the Russian Government. power to check Donald Trump is in Re- United States will reach an unparal- That is an understandable reaction, publican hands and depends on Repub- leled relationship as a neighbor. That and we are all extremely confident that lican votes, but they have been too is worth building a wall for. General Mattis will do a much better scared, too cowed, and too unwilling to Mr. Speaker, I yield back the balance job than General Flynn or some of the do what these tough times demand. of my time. other alternatives. If we, the Members of this great f We shouldn’t let Trump’s bad behav- body, won’t stand up for the norms ior and poor judgment compel Congress that have sustained this Republic for OPPOSING WAIVER FOR GENERAL to lower the bar. If anything, we should 238 years, then who will? MATTIS raise the bar for Trump, not make ex- General Mattis is a patriot, but now The SPEAKER pro tempore. Under ceptions just because we are glad he is the time for all of us in this Chamber the Speaker’s announced policy of Jan- didn’t go with someone like Flynn. to reiterate a basic truth in a democ- uary 3, 2017, the Chair recognizes the Mr. Speaker, a simple set of rules and racy—rules matter. They shouldn’t be gentleman from Arizona (Mr. GALLEGO) norms form the fabric of American de- discarded at the first sign of difficulty. for 30 minutes. mocracy. Since the founding of the Re- They shouldn’t be undercut by waivers. Mr. GALLEGO. Mr. Speaker, I am a public, leaders of every party and polit- Important precedents must be upheld marine, just like James Mattis. While I ical persuasion have upheld this basic in good times and bad. was a grunt and he was a general, we framework. For generations, American This is America, Mr. Speaker, not both fought in Iraq. He is a man of so- leaders have placed principle before some banana republic where the incom- cial integrity and patriotism. party. ing strongman gets to rewrite the rule

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.133 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H468 CONGRESSIONAL RECORD — HOUSE January 12, 2017 book. Our principles are enduring. Our p.m.), the House adjourned until to- 175. A letter from the Assistant Attorney values are timeless. For more than two morrow, Friday, January 13, 2017, at 9 General, Department of Justice, transmit- centuries, our commitment to the rule a.m. ting the Department’s Uniformed and Over- of law has been unshakable. That is seas Citizens Absentee Voting Act Annual f Report to Congress for 2016, pursuant to 52 why we should reject this waiver. That EXECUTIVE COMMUNICATIONS, U.S.C. 20307(b); Public Law 99-410, Sec. 105 (as is why we must hold Donald Trump to ETC. amended by Public Law 111-84, Sec. 587(2)); the same high standards as all of the 43 (123 Stat. 2333); to the Committee on House Presidents who came before him. Under clause 2 of rule XIV, executive Administration. Mr. Speaker, I yield back the balance communications were taken from the 176. A letter from the Division Chief, Bu- of my time. Speaker’s table and referred as follows: reau of Land Management, Department of 167. A letter from the Administrator, Agri- the Interior, transmitting the Department’s f cultural Marketing Service, Specialty Crops final order — Onshore Oil and Gas Oper- RECESS Program, Department of Agriculture, trans- ations; Federal and Indian Oil and Gas mitting the Department’s interim rule — Re- Leases; Onshore Oil and Gas Order Number 1, The SPEAKER pro tempore. Pursu- visions to Inspection Application Require- Approval of Operations [WO-300- ant to clause 12(a) of rule I, the Chair ments [Docket No.: AMS-SC-16-0063] received L13100000.PP0000] (RIN: 1004-AE37) received declares the House in recess for a pe- January 10, 2017, pursuant to 5 U.S.C. January 10, 2017, pursuant to 5 U.S.C. riod of less than 15 minutes. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Accordingly (at 8 o’clock and 15 min- Stat. 868); to the Committee on Agriculture. Stat. 868); to the Committee on Natural Re- 168. A letter from the Assistant to the sources. utes p.m.), the House stood in recess. Board, Board of Governors of the Federal Re- 177. A letter from the Assistant Attorney f serve System, transmitting the Board’s final General, Department of Justice, transmit- rule — Regulatory Capital Rules: Implemen- ting the Department’s seventh annual report b 2027 tation of Capital Requirements for Global regarding compliance of federal departments Systemically Important Bank Holding Com- and agencies with providing relevant infor- AFTER RECESS panies [Docket No.: R-1535] (RIN: 7100 AE-49) mation to the National Instant Criminal The recess having expired, the House received January 10, 2017, pursuant to 5 Background Check System, pursuant to 18 was called to order by the Speaker pro U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. U.S.C. 922 note; Public Law 103-159, Sec. 251; (110 Stat. 868); to the Committee on Fi- tempore (Mr. HIGGINS of Louisiana) at 8 103(e)(1)(E) (as added by Public Law 110-180, nancial Services. o’clock and 27 minutes p.m. Sec. 101(a)); (121 Stat. 2561); to the Com- 169. A letter from the Assistant Secretary, mittee on the Judiciary. f Office of Fossil Energy, Department of En- 178. A letter from the Federal Liaison Offi- ergy, transmitting the Department’s ‘‘Stra- cer, Patent and Trademark Office, Depart- REPORT ON RESOLUTION PRO- tegic Petroleum Reserve Annual Report for ment of Commerce, transmitting the Depart- VIDING FOR CONSIDERATION OF Calendar Year 2014’’, in accordance with Sec. ment’s final rule — Changes in Requirements S. CON. RES. 3, CONCURRENT 165 of the Energy Policy and Conservation for Affidavits or Declarations of Use, Contin- RESOLUTION ON THE BUDGET Act (42 U.S.C. 6245); to the Committee on En- ued Use, or Excusable Nonuse in Trademark FOR FISCAL YEAR 2017, AND ergy and Commerce. Cases [Docket No.: PTO-T-2016-0002] (RIN: 170. A letter from the Assistant Secretary, PROVIDING FOR CONSIDERATION 0651-AD07) received January 10, 2017, pursu- Legislative Affairs, Department of State, ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- OF S. 84, PROVIDING FOR EXCEP- transmitting notification that effective No- TION TO LIMITATION AGAINST 121, Sec. 251; (110 Stat. 868); to the Committee vember 27, 2016, the following qualified for on the Judiciary. APPOINTMENT OF PERSONS AS Danger Pay: Philippines: Mindanao Regions 179. A letter from the Chair, NASA Aero- SECRETARY OF DEFENSE WITH- with Mindanao; Autonomous Region of Mus- space Safety Advisory Panel, transmitting IN SEVEN YEARS OF RELIEF lim Mindanao; Zamboanga Peninsula; North- the NASA Aerospace Safety Advisory Pan- FROM ACTIVE DUTY ern Mindanao; Davao Region; Soccsksargen el’s Annual Report for 2016 to Congress and Caraga at 25 percent; to the Committee on Mr. WOODALL, from the Committee to the Administrator of the National Aero- Foreign Affairs. nautics and Space Administration; to the 171. A letter from the Assistant Secretary, on Rules, submitted a privileged report Committee on Science, Space, and Tech- Legislative Affairs, Department of State, (Rept. No. 115–4) on the resolution (H. nology. transmitting notification that effective No- Res. 48) providing for consideration of f the concurrent resolution (S. Con. Res. vember 27, 2016, the following posts no longer qualified for Danger Pay: N’Djamena, Chad; 3) setting forth the congressional budg- REPORTS OF COMMITTEES ON Nairobi, Kenya; Abuja, Nigeria; and Khar- PUBLIC BILLS AND RESOLUTIONS et for the United States Government toum, Sudan; to the Committee on Foreign for fiscal year 2017 and setting forth Affairs. Under clause 2 of rule XIII, reports of the appropriate budgetary levels for 172. A letter from the Director, Office of committees were delivered to the Clerk fiscal years 2018 through 2026, and pro- Congressional Affairs, Nuclear Regulatory for printing and reference to the proper viding for consideration of the bill (S. Commission, transmitting the Commission’s calendar, as follows: 84) to provide for an exception to a lim- final rule — Update to Incorporate FOIA Im- provement Act of 2016 Requirements [NRC- Mr. WOODALL: Committee on Rules. itation against appointment of persons 2016-0171] (RIN: 3150-AJ84) received January House Resolution 48. Resolution providing as Secretary of Defense within seven 10, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); for consideration of the concurrent resolu- years of relief from active duty as a Public Law 104-121, Sec. 251; (110 Stat. 868); to tion (S. Con. Res. 3) setting forth the con- regular commissioned officer of the the Committee on Oversight and Govern- gressional budget for the United States Gov- Armed Forces, which was referred to ment Reform. ernment for fiscal year 2017 and setting forth the House Calendar and ordered to be 173. A letter from the Senior Procurement the appropriate budgetary levels for fiscal years 2018 through 2026, and providing for printed. Executive, Office of Acquisition Policy, Gen- eral Services Administration, transmitting consideration of the bill (S. 84) to provide for f the Administration’s final rule — General an exception to a limitation against appoint- Services Administration Acquisition Regula- ment of persons as Secretary of Defense LEAVE OF ABSENCE tion (GSAR); Fair Opportunity Complaints within seven years of relief from active duty By unanimous consent, leave of ab- on GSA Contracts [Change 81; GSAR Case as a regular commissioned officer of the sence was granted to: 2015-G513; Docket No.: 2016-0021; Sequence Armed Forces (Rept. 115–094). Referred to the No. 1] (RIN: 3090-AJ79) received January 10, House Calendar. Mr. RUTHERFORD (at the request of 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public Mr. MCCARTHY) for today and for the f Law 104-121, Sec. 251; (110 Stat. 868); to the balance of the week on account of med- Committee on Oversight and Government PUBLIC BILLS AND RESOLUTIONS ical reasons. Reform. Under clause 2 of rule XII, public f 174. A letter from the Acting Director, Of- bills and resolutions of the following fice of Personnel Management, transmitting titles were introduced and severally re- ADJOURNMENT the Office’s Semiannual Report of the In- spector General and the Management Re- ferred, as follows: Mr. WOODALL. Mr. Speaker, I move sponse for the period of April 1, 2016, through By Mr. LEWIS of Minnesota: that the House do now adjourn. September 30, 2016, pursuant to Sec. 5, Public H.R. 462. A bill to amend title 5, United The motion was agreed to; accord- Law 95-452, as amended; to the Committee on States Code, to include guidance documents ingly (at 8 o’clock and 29 minutes Oversight and Government Reform. in the congressional review process of agency

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K12JA7.134 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H469 rulemaking; to the Committee on the Judici- By Mr. ELLISON (for himself, Mr. public of Korea as a state sponsor of ter- ary. HUFFMAN, Mr. CONYERS, and Ms. rorism, and for other purposes; to the Com- By Mr. CONNOLLY (for himself and MCCOLLUM): mittee on Foreign Affairs. Mr. CHABOT): H.R. 471. A bill to establish minimum By Mr. FLORES: H.R. 463. A bill to prohibit United States standards of disclosure by franchises whose H.R. 480. A bill to amend the Internal Rev- Government recognition of Russia’s annex- franchisees use loans guaranteed by the enue Code of 1986 to allow qualified scholar- ation of Crimea; to the Committee on For- Small Business Administration; to the Com- ship funding corporations to access tax-ex- eign Affairs. mittee on Energy and Commerce. empt financing for alternative private stu- By Mr. CONNOLLY (for himself, Mr. By Mr. ISSA (for himself, Mr. dent loans; to the Committee on Ways and POE of Texas, Ms. CASTOR of Florida, MOULTON, Mrs. MIMI WALTERS of Means. Mr. CICILLINE, Mr. COHEN, Mr. LYNCH, California, Mr. CALVERT, Mr. HUN- By Mr. CALVERT: Mr. NADLER, Ms. NORTON, Mr. TER, Mr. ROYCE of California, and Mr. H.R. 481. A bill to amend the National En- QUIGLEY, and Mr. YARMUTH): ROHRABACHER): vironmental Policy Act of 1969 to authorize H.R. 464. A bill to permit the televising of H.R. 472. A bill to amend the Fair Housing assignment to States of Federal agency envi- Supreme Court proceedings; to the Com- Act to better protect persons with disabil- ronmental review responsibilities, and for mittee on the Judiciary. ities and communities; to the Committee on other purposes; to the Committee on Natural By Mr. GIBBS (for himself and Mr. the Judiciary. Resources. CHABOT): By Mr. ISSA (for himself and Mr. COFF- By Mr. GOSAR (for himself, Mr. BABIN, H.R. 465. A bill to amend the Federal Water MAN): Mrs. BLACKBURN, Mr. BLUM, Mr. Pollution Control Act to provide for an inte- H.R. 473. A bill to amend title 54, United BUCK, Mr. BURGESS, Mr. DESJARLAIS, grated planning and permitting process, and States Code, to provide that if the head of Mr. DUNCAN of South Carolina, Mr. for other purposes; to the Committee on the agency managing Federal property ob- DUNCAN of Tennessee, Mr. FRANKS of Transportation and Infrastructure. jects to the inclusion of certain property on Arizona, Mr. GROTHMAN, Mr. KING of the National Register or its designation as a By Mr. HULTGREN (for himself, Mr. Iowa, Mr. MASSIE, Mr. MCCLINTOCK, National Historic Landmark for reasons of SMITH of New Jersey, Mr. MOONEY of Mr. POE of Texas, Mr. ROHRABACHER, national security, the Federal property shall West Virginia, Mr. PITTENGER, Mr. Mr. SESSIONS, Mr. SMITH of Missouri, be neither included nor designated until the GUTHRIE, Mr. WALBERG, and Mrs. Mr. WEBSTER of Florida, Mr. YOHO, objection is withdrawn, and for other pur- CAROLYN B. MALONEY of New York): and Mr. BRAT): H.R. 466. A bill to amend the Trafficking poses; to the Committee on Natural Re- H.R. 482. A bill to nullify certain regula- Victims Protection Act of 2000 relating to sources. tions and notices of the Department of Hous- determinations with respect to efforts of for- By Mr. ISSA (for himself, Mr. CON- ing and Urban Development, and for other eign countries to reduce demand for com- AWAY, Mr. CALVERT, Mr. CULBERSON, purposes; to the Committee on Financial mercial sex acts under the minimum stand- Mr. YOUNG of Alaska, Ms. PINGREE, Services. ards for the elimination of trafficking; to the Mr. SAM JOHNSON of Texas, Mr. CAR- By Mr. HUNTER (for himself, Mr. TER of Texas, Ms. BORDALLO, Mr. Committee on Foreign Affairs. BARLETTA, Mr. MCCLINTOCK, Mr. PETERS, Mr. WELCH, Ms. MATSUI, Mr. By Mrs. WALORSKI: LAMALFA, Mr. ALLEN, Mr. JONES, Mr. GENE GREEN of Texas, Mr. HUNTER, H.R. 467. A bill to direct the Secretary of ROHRABACHER, Mr. BIGGS, Mr. BABIN, Mr. BERA, Mr. NEAL, Mr. COURTNEY, Veterans Affairs to ensure that each medical Mr. GOHMERT, Mr. GROTHMAN, Mr. and Mr. LEWIS of Minnesota): facility of the Department of Veterans Af- GRAVES of Louisiana, Mr. CRAMER, H.R. 474. A bill to amend the Nuclear fairs complies with requirements relating to and Mr. BRAT): Waste Policy Act of 1982 to authorize the scheduling veterans for health care appoint- H.R. 483. A bill to amend title IV of the Secretary of Energy to enter into contracts ments, to improve the uniform application of Higher Education Act of 1965 to prohibit the for the storage of certain high-level radio- directives of the Department, and for other provision of funds under such title to institu- active waste and spent nuclear fuel, take purposes; to the Committee on Veterans’ Af- tions of higher education that violate the title to certain high-level radioactive waste fairs, and in addition to the Committee on and spent nuclear fuel, and make certain ex- immigration laws, and for other purposes; to Oversight and Government Reform, for a pe- penditures from the Nuclear Waste Fund; to the Committee on Education and the Work- riod to be subsequently determined by the the Committee on Energy and Commerce. force. Speaker, in each case for consideration of By Mr. DEFAZIO (for himself and Ms. By Mr. ISSA (for himself, Mr. ABRA- such provisions as fall within the jurisdic- SLAUGHTER): HAM, Mr. ADERHOLT, Mrs. COMSTOCK, tion of the committee concerned. H.R. 484. A bill to amend the Lobbying Dis- Mr. FRANKS of Arizona, Mr. GOHMERT, By Mr. CURBELO of Florida (for him- closure Act of 1995 and the Foreign Agents Mrs. RADEWAGEN, Mr. ROHRABACHER, self, Mr. SOTO, Ms. PINGREE, Mr. Registration Act of 1938 to restrict the lob- Mr. ROYCE of California, Mr. YOUNG LOWENTHAL, Mr. YOUNG of Alaska, bying activities of former political ap- of Alaska, and Mr. MOONEY of West Mr. HASTINGS, Ms. NORTON, Ms. pointees, and for other purposes; to the Com- Virginia): WASSERMAN SCHULTZ, Mr. GAETZ, Mr. H.R. 475. A bill to designate the exclusive mittee on the Judiciary. PAYNE, Mr. KATKO, Ms. ROS- economic zone of the United States as the By Mrs. BEATTY (for herself, Ms. MAX- LEHTINEN, Mr. BLUMENAUER, and Mr. ‘‘Ronald Wilson Reagan Exclusive Economic INE WATERS of California, Mr. CON- DIAZ-BALART): Zone of the United States’’; to the Com- YERS, Mr. DAVID SCOTT of Georgia, H.R. 468. A bill to amend the Oil Pollution mittee on Natural Resources. and Mr. ELLISON): Act of 1990 to impose penalties and provide By Mr. NEWHOUSE (for himself, Mr. H.R. 485. A bill to amend the Federal Re- for the recovery of removal costs and dam- serve Act to require Federal Reserve banks GOHMERT, Mr. HENSARLING, Mr. ages in connection with certain discharges of to interview at least one individual reflec- JONES, Mr. MARSHALL, Mr. OLSON, oil from foreign offshore units, and for other tive of gender diversity and one individual Mrs. RADEWAGEN, and Mr. YOUNG of purposes; to the Committee on Transpor- Iowa): reflective of racial or ethnic diversity when tation and Infrastructure. H.R. 476. A bill to amend title 38, United appointing Federal Reserve bank presidents, By Mr. COLLINS of Georgia (for him- States Code, to clarify the emergency hos- and for other purposes; to the Committee on self, Mr. GOODLATTE, Mr. CARTER of pital care furnished by the Secretary of Vet- Financial Services. Georgia, Mr. CRAWFORD, Mr. TIPTON, erans Affairs to certain veterans; to the By Mr. BIGGS (for himself, Mr. Mr. GOSAR, Mr. MARINO, Mr. SMITH of Committee on Veterans’ Affairs. SCHWEIKERT, Mr. GOSAR, Mr. CRAMER, Texas, Mr. LATTA, Mr. PEARCE, Mr. By Mr. HUIZENGA (for himself, Mr. Mr. BROOKS of Alabama, Mr. FARENTHOLD, Mr. BABIN, Mr. BARR, POSEY, and Mr. HIGGINS of New BARLETTA, Mr. MCKINLEY, Mr. Mr. YOHO, Mr. CHABOT, Mr. GOHMERT, York): CHABOT, Mr. PALMER, Mr. CARTER of and Mr. CRAMER): H.R. 477. A bill to amend the Securities Ex- Georgia, Mr. DUNCAN of South Caro- H.R. 469. A bill to impose certain limita- change Act of 1934 to exempt from registra- lina, Mr. GROTHMAN, Mr. BRAT, and tions on consent decrees and settlement tion brokers performing services in connec- Mr. FRANKS of Arizona): agreements by agencies that require the tion with the transfer of ownership of small- H.R. 486. A bill to require the Secretary of agencies to take regulatory action in accord- er privately held companies; to the Com- Homeland Security to detain any alien who ance with the terms thereof, and for other mittee on Financial Services. is unlawfully present in the United States purposes; to the Committee on the Judici- By Mr. POE of Texas (for himself and and is arrested for certain criminal offenses; ary. Mr. SHERMAN): to the Committee on the Judiciary. By Mr. ELLISON (for himself, Mr. H.R. 478. A bill to require the imposition of By Mr. BURGESS (for himself and Mr. HUFFMAN, Mr. CONYERS, and Ms. sanctions against Iran’s Islamic Revolu- AMASH): MCCOLLUM): tionary Guard Corps, and for other purposes; H.R. 487. A bill to prohibit the Central In- H.R. 470. A bill to establish minimum to the Committee on Foreign Affairs. telligence Agency from using an unmanned standards of fair conduct in franchise sales By Mr. POE of Texas (for himself and aerial vehicle to carry out a weapons strike and franchise business relationships, and for Mr. SHERMAN): or other deliberately lethal action and to other purposes; to the Committee on the Ju- H.R. 479. A bill to require a report on the transfer the authority to conduct such diciary. designation of the Democratic People’s Re- strikes or lethal action to the Department of

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\L12JA7.100 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H470 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Defense; to the Committee on Intelligence By Mr. CARTER of Georgia (for him- By Mrs. DINGELL (for herself and Mr. (Permanent Select), and in addition to the self, Mr. ALLEN, Mr. BISHOP of Geor- WALBERG): Committee on Armed Services, for a period gia, Mr. COLLINS of Georgia, Mr. FER- H.R. 501. A bill to require increased report- to be subsequently determined by the Speak- GUSON, Mr. GRAVES of Georgia, Mr. ing regarding certain surgeries scheduled at er, in each case for consideration of such pro- JODY B. HICE of Georgia, Mr. JOHNSON medical facilities of the Department of Vet- visions as fall within the jurisdiction of the of Georgia, Mr. LEWIS of Georgia, Mr. erans Affairs, and for other purposes; to the committee concerned. LOUDERMILK, Mr. AUSTIN SCOTT of Committee on Veterans’ Affairs. By Mr. CARTWRIGHT (for himself, Mr. Georgia, Mr. DAVID SCOTT of Georgia, By Mr. GRIJALVA (for himself and Mr. AMODEI, Ms. BORDALLO, Ms. and Mr. WOODALL): MEEHAN): BROWNLEY of California, Mrs. BUSTOS, H.R. 494. A bill to expand the boundary of H.R. 502. A bill to permanently reauthorize Mrs. COMSTOCK, Mr. CONNOLLY, Mr. Fort Frederica National Monument in the the Land and Water Conservation Fund; to COSTELLO of Pennsylvania, Mr. State of Georgia, and for other purposes; to the Committee on Natural Resources. COURTNEY, Mr. CUMMINGS, Ms. the Committee on Natural Resources. By Mr. LABRADOR: H.R. 503. A bill to amend title 28, United DELBENE, Mr. DOGGETT, Mr. ELLISON, By Mr. CARTER of Texas: States Code, to provide for an additional Mr. ENGEL, Mr. FARENTHOLD, Mr. H.R. 495. A bill to amend the William Wil- judge for the district of Idaho, and for other FOSTER, Ms. GABBARD, Mr. berforce Trafficking Victims Protection Re- purposes; to the Committee on the Judici- GARAMENDI, Mr. HECK, Mr. HIMES, authorization Act of 2008 to provide for the ary. Mr. HURD, Mr. SENSENBRENNER, Mr. expedited removal of unaccompanied alien By Mr. LANCE: JONES, Mr. KATKO, Mr. KEATING, Mr. children who are not victims of a severe form of trafficking in persons and who do not have H.R. 504. A bill to amend title 36, United KILMER, Mr. LANCE, Mr. LANGEVIN, States Code, to require that the POW/MIA Mrs. LAWRENCE, Mr. LIPINSKI, Mr. a fear of returning to their country of na- tionality or last habitual residence, and for flag be displayed on all days that the flag of LOBIONDO, Mr. LOEBSACK, Ms. other purposes; to the Committee on the Ju- the United States is displayed on certain MICHELLE LUJAN GRISHAM of New diciary, and in addition to the Committee on Federal property; to the Committee on the Mexico, Mr. LYNCH, Mr. MCGOVERN, Foreign Affairs, for a period to be subse- Judiciary. Mr. MCKINLEY, Mr. MCNERNEY, Ms. quently determined by the Speaker, in each By Ms. MCSALLY (for herself, Mr. NORTON, Mr. PEARCE, Mr. PITTENGER, case for consideration of such provisions as GOSAR, Mr. HENSARLING, Mr. HURD, Mr. QUIGLEY, Mrs. RADEWAGEN, Mr. fall within the jurisdiction of the committee Mr. KATKO, Mr. KING of New York, ROTHFUS, Mr. RUSH, Mr. RYAN of concerned. Mr. FRANKS of Arizona, Mr. Ohio, Ms. SLAUGHTER, Mr. SOTO, Ms. By Mr. COFFMAN (for himself, Mr. FARENTHOLD, Ms. SINEMA, Mrs. COM- SPEIER, Mr. THOMPSON of California, GUTIE´ RREZ, Mr. CURBELO of Florida, STOCK, Mr. RUSSELL, Mr. DONOVAN, Mr. THOMPSON of Pennsylvania, Mr. Ms. ROYBAL-ALLARD, Mr. DENHAM, Mr. MCCAUL, Mr. BIGGS, and Mr. ROG- TIPTON, Mr. TURNER, Mr. WALZ, Mr. Ms. LOFGREN, Ms. ROS-LEHTINEN, and ERS of Alabama): YOUNG of Iowa, Mr. MARSHALL, Mr. H.R. 505. A bill to amend the Homeland Se- Ms. JUDY CHU of California): KNIGHT, Mr. BISHOP of Georgia, and H.R. 496. A bill to provide provisional pro- curity Act of 2002 to strengthen account- Mr. RUSSELL): tected presence to qualified individuals who ability for deployment of border security H.R. 488. A bill to amend the Internal Rev- came to the United States as children; to the technology at the Department of Homeland enue Code of 1986 to allow a credit against Committee on the Judiciary. Security, and for other purposes; to the Com- income tax for amounts paid by a spouse of By Mr. COOK (for himself and Mr. mittee on Homeland Security. a member of the Armed Forces for a new By Mr. THOMAS J. ROONEY of Florida AGUILAR): State license or certification required by H.R. 497. A bill to direct the Secretary of (for himself and Mr. DEUTCH): reason of a permanent change in the duty the Interior to convey certain public lands in H.R. 506. A bill to amend title 18, United station of such member to another State; to San Bernardino County, California, to the States Code, to provide an additional tool to the Committee on Ways and Means. San Bernardino Valley Water Conservation prevent certain frauds against veterans, and By Ms. DELBENE (for herself, Mr. CON- District, and to accept in return certain ex- for other purposes; to the Committee on the YERS, Mr. LEWIS of Georgia, Mr. changed non-public lands, and for other pur- Judiciary. COHEN, Ms. JUDY CHU of California, poses; to the Committee on Natural Re- By Mr. ROSS: Mr. ELLISON, Mr. CARSON of Indiana, sources. H.R. 507. A bill to require zero-based budg- eting for departments and agencies of the and Ms. MATSUI): By Mr. CRAMER (for himself and Mr. Government; to the Committee on the Budg- H.R. 489. A bill to prohibit the collection of WELCH): information and the establishment or utili- H.R. 498. A bill to authorize the expor- et. zation of a registry for the purposes of tation of consumer communication devices By Ms. ROYBAL-ALLARD (for herself, classifying or surveilling certain United to Cuba and the provision of telecommuni- Ms. WASSERMAN SCHULTZ, Mr. States persons and other individuals on the cations services to Cuba, and for other pur- LOEBSACK, Mr. CICILLINE, Mr. LYNCH, basis of religious affiliation, and for other poses; to the Committee on Foreign Affairs, Ms. CLARK of Massachusetts, Mr. purposes; to the Committee on the Judici- and in addition to the Committee on Energy SERRANO, Ms. KAPTUR, Mr. CLAY, Mr. ary. and Commerce, for a period to be subse- RUPPERSBERGER, Mr. BISHOP of Geor- By Mr. KING of Iowa (for himself and quently determined by the Speaker, in each gia, Mr. DANNY K. DAVIS of Illinois, Mr. FRANKS of Arizona): case for consideration of such provisions as Mr. CLYBURN, Mr. THOMPSON of Mis- H.R. 490. A bill to amend title 18, United fall within the jurisdiction of the committee sissippi, Ms. MICHELLE LUJAN GRIS- States Code, to prohibit abortion in cases concerned. HAM of New Mexico, Ms. BASS, Mrs. DINGELL, Mr. CA´ RDENAS, Ms. where a fetal heartbeat is detectable; to the By Mr. DESANTIS: Committee on the Judiciary. H.R. 499. A bill to require members of Con- HANABUSA, Mr. AGUILAR, Mrs. LAW- By Mr. CAPUANO: gress and congressional staff to abide by the RENCE, Mr. POCAN, Ms. LEE, Mr. H.R. 491. A bill to provide for the repay- Patient Protection and Affordable Care Act MOULTON, Ms. PINGREE, Mr. VELA, ment of amounts borrowed by Fannie Mae with respect to health insurance coverage, Mr. VEASEY, Ms. MATSUI, Ms. TSON- and Freddie Mac from the Treasury of the and for other purposes; to the Committee on GAS, Ms. SPEIER, Ms. DELAURO, Ms. United States, together with interest, over a Oversight and Government Reform, and in SHEA-PORTER, Mr. ESPAILLAT, Mr. 30-year period, and for other purposes; to the addition to the Committees on House Admin- WELCH, Mr. JOHNSON of Georgia, Ms. Committee on Financial Services. istration, Ways and Means, and Energy and VELA´ ZQUEZ, Mr. KEATING, Ms. By Mr. CAPUANO: Commerce, for a period to be subsequently DELBENE, Ms. KELLY of Illinois, Mr. H.R. 492. A bill to ensure that any author- determined by the Speaker, in each case for TAKANO, Mr. DELANEY, Ms. MOORE, ity of the Mutual Mortgage Insurance Fund consideration of such provisions as fall with- Mr. MEEKS, Ms. SCHAKOWSKY, Ms. to borrow amounts from the Treasury is used in the jurisdiction of the committee con- NORTON, Mr. SCOTT of Virginia, Mr. only to pay mortgage insurance claims; to cerned. COHEN, Mr. FOSTER, Mr. SOTO, Mr. the Committee on Financial Services. By Mr. DESJARLAIS (for himself, Mrs. JEFFRIES, Mr. EVANS, Mr. TED LIEU of By Mr. CAPUANO (for himself, Mr. BLACK, Mrs. BLACKBURN, Mr. BRAT, California, Mr. RYAN of Ohio, Mr. LYNCH, and Mr. ELLISON): Mr. COHEN, Mr. COOPER, Mr. DUNCAN HASTINGS, Mrs. RADEWAGEN, Mrs. H.R. 493. A bill to amend the Dodd-Frank of Tennessee, Mr. FLEISCHMANN, Mr. WATSON COLEMAN, Mr. GALLEGO, Mr. Wall Street Reform and Consumer Protec- KING of Iowa, Mr. KUSTOFF of Ten- KILDEE, Mr. CONYERS, Mr. VARGAS, tion Act to require certain systemically im- nessee, Mr. MASSIE, Mr. ROE of Ten- Ms. MENG, Ms. BROWNLEY of Cali- portant entities to account for the financial nessee, Mr. ROHRABACHER, Mr. STIV- fornia, Mr. DEFAZIO, Mr. CAPUANO, benefit they receive as a result of the expec- ERS, and Mrs. BROOKS of Indiana): Ms. ESTY, Ms. WILSON of Florida, Ms. tations on the part of shareholders, credi- H.R. 500. A bill to amend the Internal Rev- JACKSON LEE, Mr. TONKO, Mr. CON- tors, and counterparties of such entities that enue Code of 1986 to exclude from gross in- NOLLY, Mrs. NAPOLITANO, Mr. SAR- the Government will shield them from losses come any discharge of indebtedness income BANES, Ms. MAXINE WATERS of Cali- in the event of failure, and for other pur- on education loans of deceased or disabled fornia, Mr. PETERS, Ms. SLAUGHTER, poses; to the Committee on Financial Serv- veterans; to the Committee on Ways and Mr. GARAMENDI, Mr. LARSEN of Wash- ices. Means. ington, Mr. SABLAN, Mr. CUMMINGS,

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Mr. HECK, Mr. KILMER, Mr. SUOZZI, Mr. WITTMAN, Mr. FARENTHOLD, Mr. By Mr. RENACCI (for himself, Mr. Ms. PLASKETT, Ms. CLARKE of New RICE of South Carolina, Mr. SABLAN, QUIGLEY, Mr. AMODEI, and Mr. York, Mrs. BEATTY, Mr. GRIJALVA, Ms. JACKSON LEE, Mr. CARTER of WESTERMAN): Ms. SEWELL of Alabama, Mr. RUIZ, Georgia, Mrs. BEATTY, Mr. ALLEN, H. Res. 47. A resolution amending the Ms. BONAMICI, Ms. EDDIE BERNICE Mr. GROTHMAN, Mr. COLE, Mr. TIP- Rules of the House of Representatives re- JOHNSON of Texas, Mr. SHERMAN, Mr. TON, Mr. BERA, Mr. CUMMINGS, Mr. specting budget-related points of order; to KENNEDY, Mr. MCGOVERN, Ms. LOF- LOWENTHAL, Mrs. RADEWAGEN, Mr. the Committee on Rules. GREN, Mr. SCHIFF, Mr. GUTIE´ RREZ, CONYERS, Ms. LEE, Ms. KAPTUR, Mrs. By Ms. LEE (for herself, Ms. CLARKE of Mr. O’HALLERAN, Mr. O’ROURKE, Ms. HARTZLER, Mr. GALLEGO, Mr. FRANCIS New York, Ms. MAXINE WATERS of TITUS, Mr. GONZALEZ of Texas, Mr. ROONEY of Florida, Mr. BRIDENSTINE, California, Mr. HASTINGS, Mr. CON- LOWENTHAL, Mr. LEWIS of Georgia, Mr. BARLETTA, Mr. MCCAUL, Mr. YERS, Mr. MCGOVERN, Ms. WILSON of Mrs. LOWEY, Mr. RUSH, Mr. BLU- RUSH, Mr. BYRNE, Mr. BARR, Mr. Florida, Mr. RUSH, Mr. ENGEL, Mr. MENAUER, Mrs. TORRES, Mr. SEAN RATCLIFFE, Mr. ROUZER, Mr. POE of GRIJALVA, Ms. NORTON, Mrs. LOWEY, PATRICK MALONEY of New York, Ms. Texas, Mr. MITCHELL, Mr. MARSHALL, and Ms. TSONGAS): CASTOR of Florida, Mr. BRENDAN F. Mrs. BROOKS of Indiana, Mrs. LOVE, H. Res. 49. A resolution recognizing the an- BOYLE of Pennsylvania, Mr. NADLER, Mr. MARINO, Mr. MASSIE, Mr. MEE- niversary of the tragic earthquake in Haiti Mr. CARSON of Indiana, Ms. MCCOL- HAN, Mr. MESSER, Mr. PEARCE, Mr. on January 12, 2010, honoring those who lost LUM, Mr. DAVID SCOTT of Georgia, Mr. ROKITA, Mr. THOMAS J. ROONEY of their lives in the earthquake and in Hurri- LARSON of Connecticut, Mr. Florida, Mr. ROYCE of California, Mr. cane Matthew in October 2016, and express- SWALWELL of California, Ms. JUDY THOMPSON of California, Mr. WEBER ing continued solidarity with the Haitian CHU of California, Mr. BUTTERFIELD, of Texas, Mr. WILSON of South Caro- people; to the Committee on Foreign Affairs. Mr. CORREA, Mrs. BUSTOS, Mr. AL lina, Mr. ABRAHAM, Mr. BERGMAN, By Mr. SESSIONS (for himself and Mr. GREEN of Texas, Mr. PERLMUTTER, Mr. BRAT, Mr. CRIST, Mr. FASO, Mr. CARTER of Georgia): Mr. DESAULNIER, and Mr. CART- CURBELO of Florida, Ms. GABBARD, H. Res. 50. A resolution recognizing the WRIGHT): Mr. GAETZ, Mr. PERRY, Mr. COOK, historical importance of Associate Justice H.R. 508. A bill to expand Medicare cov- Mrs. WAGNER, Mr. BUCSHON, Mr. Clarence Thomas; to the Committee on the erage to include eyeglasses, hearing aids, and OLSON, Mr. DUNCAN of Tennessee, Mr. Judiciary, and in addition to the Committee dental care; to the Committee on Energy and MOONEY of West Virginia, Ms. ROS- on House Administration, for a period to be Commerce, and in addition to the Committee LEHTINEN, Mr. PETERS, Mr. PALAZZO, subsequently determined by the Speaker, in on Ways and Means, for a period to be subse- Mr. JODY B. HICE of Georgia, Mr. each case for consideration of such provi- quently determined by the Speaker, in each THOMPSON of Pennsylvania, Mr. sions as fall within the jurisdiction of the case for consideration of such provisions as SMITH of Missouri, Mr. CRAMER, Mr. committee concerned. fall within the jurisdiction of the committee DONOVAN, Mr. DESAULNIER, Mr. SOTO, f concerned. Mr. DUNN, Mr. GRAVES of Louisiana, By Mr. SENSENBRENNER: Mr. LEWIS of Minnesota, Mr. COLLINS CONSTITUTIONAL AUTHORITY H.R. 509. A bill to abolish the Bureau of Al- of Georgia, Mr. GRIFFITH, Mr. HURD, STATEMENT cohol, Tobacco, Firearms, and Explosives, Mr. LANCE, Mr. LAMALFA, Mr. transfer its functions relating to the Federal Pursuant to clause 7 of rule XII of LAWSON of Florida, Mr. NEWHOUSE, the Rules of the House of Representa- firearms, explosives, and arson laws, violent Mr. SIRES, Mr. SHIMKUS, Mr. LAHOOD, crime, and domestic terrorism to the Federal Mr. FERGUSON, Mr. COMER, Mr. tives, the following statements are sub- Bureau of Investigation, and transfer its MEEKS, Mr. GOWDY, Mr. BOST, Mr. mitted regarding the specific powers functions relating to the Federal alcohol and MEADOWS, Mr. DUNCAN of South Caro- granted to Congress in the Constitu- tobacco smuggling laws to the Drug Enforce- lina, Mr. KELLY of Mississippi, Mr. tion to enact the accompanying bill or ment Administration, and for other pur- VALADAO, Mrs. MCMORRIS RODGERS, poses; to the Committee on the Judiciary. joint resolution. Mr. CICILLINE, Mr. SCHNEIDER, Mr. By Mr. SENSENBRENNER (for him- By Mr. LEWIS of Minnesota: WALBERG, Mr. SWALWELL of Cali- self, Mr. SWALWELL of California, Mr. H.R. 462. fornia, Mr. GRIJALVA, Mr. SEAN PAT- RODNEY DAVIS of Illinois, Mr. KIND, Congress has the power to enact this legis- RICK MALONEY of New York, Mr. Mr. RYAN of Ohio, Mr. COHEN, Mrs. lation pursuant to the following: GUTHRIE, Mr. ISSA, Ms. JUDY CHU of WAGNER, Mr. RATCLIFFE, Ms. SPEIER, This bill is enacted pursuant to the power California, Mr. BIGGS, Mr. DESANTIS, Mr. PEARCE, and Mr. DESAULNIER): granted to Congress under Article I, Section and Mr. ENGEL): H.R. 510. A bill to establish a system for in- 1, Clause 1 of the United States Constitution, tegration of Rapid DNA instruments for use H.R. 512. A bill to title 38, United States in that the legislation concerns the exercise by law enforcement to reduce violent crime Code, to permit veterans to grant access to of legislative powers generally granted to and reduce the current DNA analysis back- their records in the databases of the Vet- Congress by that section, including the exer- log; to the Committee on the Judiciary. erans Benefits Administration to certain cise of those powers when delegated by Con- By Mr. WELCH (for himself and Mrs. designated congressional employees, and for gress to the Executive; Article I, Section 8, BROOKS of Indiana): other purposes; to the Committee on Vet- Clauses 1 to 17, of the United States Con- H.R. 511. A bill to provide for consideration erans’ Affairs. stitution; Article I, Section 8, clause 18 of of the extension under the Energy Policy and By Mr. YOUNG of Alaska: the United States Constitution, in that the Conservation Act of nonapplication of No- H.R. 513. A bill to provide for the exchange legislation exercises legislative power grant- Load Mode energy efficiency standards to of certain National Forest System land and ed to Congress by that clause ‘‘to make all certain security or life safety alarms or sur- non-Federal land in the State of Alaska, and Laws which shall be necessary and proper for veillance systems, and for other purposes; to for other purposes; to the Committee on Nat- carrying into Execution the foregoing Pow- the Committee on Energy and Commerce. ural Resources. ers, and all other Powers vested by this Con- By Mr. YOHO (for himself, Mr. RODNEY By Mr. WENSTRUP (for himself, Mr. stitution in the Government of the United DAVIS of Illinois, Ms. SINEMA, Mr. ROE of Tennessee, Mr. ROTHFUS, and States, or in any Department or Officer DELANEY, Mr. BABIN, Mr. BISHOP of Mrs. WAGNER): thereof;’’ Michigan, Mrs. BLACKBURN, Mr. H.J. Res. 27. A joint resolution dis- By Mr. CONNOLLY: COSTA, Mr. DAVIDSON, Mr. approving the action of the District of Co- H.R. 463. DESJARLAIS, Mrs. DINGELL, Mr. FLO- lumbia Council in approving the Death with Congress has the power to enact this legis- RES, Mr. FRANKS of Arizona, Mr. Dignity Act of 2016; to the Committee on lation pursuant to the following: GIBBS, Mr. GOHMERT, Mr. GOSAR, Mr. Oversight and Government Reform. This bill is introduced pursuant to the au- HARRIS, Mr. HILL, Mr. JONES, Mr. By Mr. GRAVES of Missouri (for him- thority delineated in Article I, Section I, JOYCE of Ohio, Mr. KING of Iowa, Ms. self and Mr. WALZ): which includes an implied power for the Con- SHEA-PORTER, Mr. ROSKAM, Mr. H. Res. 46. A resolution recognizing the in- gress to regulate the conduct of the United MAST, Mr. YOUNG of Iowa, Mr. NOLAN, creased risk of sleep apnea among soldiers States with respect to foreign affairs. Mr. ROGERS of Kentucky, Ms. returning from active duty and the benefits By Mr. CONNOLLY: MCSALLY, Mr. BUCHANAN, Mr. CROW- of continuous positive airway pressure H.R. 464. LEY, Mr. CA´ RDENAS, Mr. BACON, Mrs. (CPAP) therapy on treating obstructive sleep Congress has the power to enact this legis- COMSTOCK, Mr. KINZINGER, Mr. apnea (OSA) in soldiers suffering from lation pursuant to the following: COURTNEY, Mrs. BUSTOS, Mr. EMMER, Posttraumatic Stress Disorder (PTSD); to The ‘‘necessary and proper’’ clause of Arti- Mr. REED, Mrs. NAPOLITANO, Mr. the Committee on Armed Services, and in cle I, Section 8 of the United States Con- HIMES, Mr. RUTHERFORD, Mrs. BLACK, addition to the Committee on Veterans’ Af- stitution. Mr. BISHOP of Utah, Mr. DAVID SCOTT fairs, for a period to be subsequently deter- By Mr. GIBBS: of Georgia, Mr. BLUMENAUER, Mr. mined by the Speaker, in each case for con- H.R. 465. SAM JOHNSON of Texas, Ms. FRANKEL sideration of such provisions as fall within Congress has the power to enact this legis- of Florida, Mr. ROGERS of Alabama, the jurisdiction of the committee concerned. lation pursuant to the following:

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\L12JA7.100 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE H472 CONGRESSIONAL RECORD — HOUSE January 12, 2017 Article I, Section 8 of the United States Article 1 Section 8 Clause 3: to regulate Furthering Fair Housing rule head on and Constitution, specifically Clause 3 (related commerce with foreign nations, and among prevent that rule, or any substantially simi- to regulation of Commerce among the sev- the several state, and with the Indian tribes lar successor rule. eral States). By Mr. ISSA: Section 3 of this bill is authorized through By Mr. HULTGREN: H.R. 475. clause 7 of section 9 of article I of the Con- H.R. 466. Congress has the power to enact this legis- stitution of the United States (the appro- Congress has the power to enact this legis- lation pursuant to the following: priation power), which states: ‘‘No Money lation pursuant to the following: Article IV Section III: The Congress shall shall be drawn from the Treasury, but in Article I, Section 8—Congress shall have have Power to dispose of and make all need- Consequence of Appropriations made by Law power to regulate commerce with foreign na- ful Rules and Regulations respecting the . . .’’ tions, and among the several states, and with Territory or other Property belonging to the Section 4 of the bill promotes a core com- the Indian tribes. United States.’ ponent of our republic known as federalism. By Mrs. WALORSKI: By Mr. NEWHOUSE: It requires the executive branch, through H.R. 467. H.R. 476. HUD, to consult with State and local offi- Congress has the power to enact this legis- Congress has the power to enact this legis- cials to further the purposes and policies of lation pursuant to the following: lation pursuant to the following: the Fair Housing Act. Article I, Section 8, Clause 18 of the United Article I, Section 8, Clause 18 of the United By Mr. HUNTER: States Constitution States Constitution H.R. 483. By Mr. CURBELO of Florida: By Mr. HUIZENGA: Congress has the power to enact this legis- H.R. 468. H.R. 477. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article 1, Section 8, Clauses 4 and 18 lation pursuant to the following: lation pursuant to the following: By Mr. DEFAZIO: Article I, Section 8, Clause 3: Commercial Article I, Section 8, Clauses 1 (‘‘The Con- H.R. 484. Activity Regulation gress shall have Power To lay and collect Congress has the power to enact this legis- By Mr. COLLINS of Georgia: Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: Article I, Section 8, Clause 18 (relating to H.R. 469. the Debts and provide for the common De- the power to make all laws necessary and Congress has the power to enact this legis- fense and general Welfare of the United proper for carrying out the powers vested in lation pursuant to the following: States; but all Duties, Imposts and Excises Congress) Article I, Section 1 of the United States shall be uniform throughout the United By Mrs. BEATTY: Constitution, Article I, Section 8 of the States’’), 3 (‘‘To regulate Commerce with for- United States Constitution, including, but H.R. 485. eign Nations, and among the several States, Congress has the power to enact this legis- not limited to, Clauses 1, 3, and 18, and Arti- and with the Indian Tribes’’), and 18 (‘‘To cle III of the United States Constitution, lation pursuant to the following: make all Laws which shall be necessary and Article I, Section 8, Clause 3, The Com- Section 2. proper for carrying into Execution the fore- By Mr. ELLISON: merce Clause. going Powers, and all other Powers vested by The Congress shall have the power to regu- H.R. 470. this Constitution in the Government of the Congress has the power to enact this legis- late Commerce with Foreign Nations and United States, or in any Department or Offi- lation pursuant to the following: among the several States. Article I, Section 8, Clause 1 and 3. cer thereof). By Mr. BIGGS: By Mr. ELLISON: By Mr. POE of Texas: H.R. 486. Congress has the power to enact this legis- H.R. 471. H.R. 478. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8 enumerated powers. lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 1 and 3. Article 1, Section 8, Clause 1. By Mr. BURGESS: By Mr. POE of Texas: H.R. 487. By Mr. ISSA: Congress has the power to enact this legis- H.R. 472. H.R. 479. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: Under Article I, Section VIII, Clause 1, lation pursuant to the following: ‘‘The Congress shall have power to lay and Article I, section 8, clause 1 of the United Article 1, Section 8, Clause 3 collect taxes, duties, imposts and excises, to States Constitution grants Congress the By Mr. FLORES: pay the debts and provide for the common power to lay and collect taxes, duties, im- H.R. 480. defense and general welfare of the United posts and excises, to pay the debts and pro- Congress has the power to enact this legis- States . . .’’ In addition, Article I, Section vide for the common defense and general lation pursuant to the following: VIII, Clause 14 provides, ‘‘To make rules for welfare of the United States; Article 1, Section 8, Clause 1 of the Con- the government and regulation of the land Article I, section 8, clause 3 of the United stitution of the United States. and naval forces.’’ Lastly, Article I, Section States Constitution grants Congress the By Mr. CALVERT: VIII, Clause 16 states ‘‘The Congress shall power to regulate commerce among the sev- H.R. 481. have Power To provide for organizing, arm- eral states; Congress has the power to enact this legis- Article I, section 8, clause 18 of the United lation pursuant to the following: ing, and disciplining, the Militia, and for States Constitution grants Congress the Article 1, Section 8 of the United States governing such Part of them as may be em- power to make all Laws which shall be nec- Constitution, specifically clause 18 (relating ployed in the Service of the United States, essary and proper for carrying into Execu- to the power to make all laws necessary and reserving to the States respectively, the Ap- tion the foregoing Powers, and all other proper for carrying out the powers vested in pointment of the Officers, and the Authority Powers vested by this Constitution in the Congress). of training the Militia according to the dis- Government of the United States, or in any By Mr. GOSAR: cipline prescribed by Congress.’’ Department or Officer thereof. H.R. 482. By Mr. CARTWRIGHT: Congress has the power to enact this legis- H.R. 488. By Mr. ISSA: Congress has the power to enact this legis- H.R. 473. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 18 affords Con- gress the power to legislate on this matter. Article I; Section 8; Clause 1 of the Con- lation pursuant to the following: stitution states The Congress shall have Article 1, Section 8, Clause 1 of the United The executive branch, through the Depart- Power To lay and collect Taxes, Duties, Im- States Constitution which empowers Con- ment of Housing and Urban Development posts and Excises, to pay the Debts and pro- gress ‘‘To . . . provide for the common (HUD), has misinterpreted its authority vide for the common Defence and general defence [sic] and general Welfare of the under the Fair Housing Act of 1968, as dem- Welfare of the United States . . . United States;’’ Article 1, Section 8, Clauses onstrated in its Affirmatively Furthering Fair Housing Rule. Two cases before the By Ms. DELBENE: 11 through 16 which give Congress additional H.R. 489. authorities to ensure the national security United States Supreme Court—Magner v. Congress has the power to enact this legis- of the United States; Gallagher and Mount Holly v. Mount Holly lation pursuant to the following: Article 1, Section 8, Clause 18, which em- Gardens Citizens in Action—were settled less Article I powers Congress to ‘‘To make all Laws which than a month before the Court entertained By Mr. KING of Iowa: shall be necessary and proper for carrying oral arguments. The plaintiffs were con- H.R. 490. into Execution the foregoing Powers, and all cerned that their challenges would not be af- Congress has the power to enact this legis- other Powers vested by this Constitution in firmed by the Court. The Court is currently lation pursuant to the following: the Government of the United States, or in considering a case, Texas Department of Congress has authority to extend protec- any Department or Officer thereof.’’ Housing and Community Affairs v. The In- tion to unborn children with a detectable By Mr. ISSA: clusive Communities Project, which may set heartbeat under the Constitution’s grants of H.R. 474. a precedent for the issue of ‘‘disparate im- powers to Congress under the Equal Protec- Congress has the power to enact this legis- pact.’’ Regardless, Congress has the legisla- tion, Due Process, and Enforcement Clauses lation pursuant to the following: tive authority to address the Affirmatively of the Fourteenth Amendment.

VerDate Sep 11 2014 05:21 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\A12JA7.051 H12JAPT1 SSpencer on DSK4SPTVN1PROD with HOUSE January 12, 2017 CONGRESSIONAL RECORD — HOUSE H473 By Mr. CAPUANO: cle I, section 8 of the United States Constitu- Congress has the power to enact this legis- H.R. 491. tion. lation pursuant to the following: Congress has the power to enact this legis- By Mr. GRIJALVA: Article IV, Section 3, Clause 2 lation pursuant to the following: H.R. 502. ‘‘The Congress shall have Power to dispose Article I, Section 8, Clause 18 Congress has the power to enact this legis- of and make all needful Rules and Regula- By Mr. CAPUANO: lation pursuant to the following: tions respecting the Territory or other Prop- H.R. 492. U.S. Const. art. I, sec. 8, cl. 3: To regulate erty belonging to the United States; and Congress has the power to enact this legis- Commerce with foreign Nations, and among nothing in this Constitution shall be so con- lation pursuant to the following: the several States, and with the Indian strued as to Prejudice any Claims of the Article I, Section 8, Clause 18 tribes. United States, or of any particular State.’’ By Mr. CAPUANO: By Mr. LABRADOR: By Mr. WENSTRUP: H.R. 493. H.R. 503. H.J. Res. 27. Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: Article I, Section 8, Clause 3 Clause 9 of Section 8 of Article I of the Article I, Section 8, Clause 17 By Mr. CARTER of Georgia: Constitution—The Congress shall have the H.R. 494. Power to constitute Tribunals inferior to the Congress has the power to enact this legis- supreme Court. f lation pursuant to the following: By Mr. LANCE: Article I, Section 8, Clause 18 H.R. 504. The Congress shall have Power to make all ADDITIONAL SPONSORS Congress has the power to enact this legis- Laws which shall be necessary and proper for lation pursuant to the following: Under clause 7 of rule XII, sponsors carrying into Execution the foregoing Pow- Article I, Sec. 8, Clause 1, of the United ers, and all other Powers vested by the Con- were added to public bills and resolu- States Constitution tions, as follows: stitution in the Government of the United This states that ‘‘Congress shall have States, or in any Department or Officer power to . . . lay and collect taces, duties, H.R. 35: Mr. HUDSON. thereof. imposts and excises, to pay the debts and H.R. 38: Mr. YOUNG of Alaska, Mr. BUR- By Mr. CARTER of Texas: provide for the common defense and general GESS, Mr. THOMPSON of Pennsylvania, Mr. H.R. 495. welfare of the United States. MITCHELL, and Mr. JOHNSON of Louisiana. Congress has the power to enact this legis- By Ms. MCSALLY: H.R. 41: Mr. GROTHMAN. lation pursuant to the following: H.R. 505. H.R. 60: Mr. DESAULNIER, Mr. CORREA, Mr. Article I, Section 8, Clause 1: Congress has the power to enact this legis- AGUILAR, and Mrs. RADEWAGEN. The Congress shall have Power To lay and lation pursuant to the following: H.R. 146: Mr. COOK. collect Taxes, Duties, Imposts and Excises, Article I, Section 8, Clause 18: To make all to pay the Debts and provide for the common H.R. 241: Mr. MARCHANT, Mr. GOHMERT, and Laws which shall be necessary and proper for Defence and general Welfare of the United Mr. GROTHMAN. carrying into Execution the foregoing Pow- States; but all Duties, Imposts and Excises H.R. 246: Mr. DUNN, Mr. BIGGS, Mr. ROKITA, ers and all other Powers vested by this Con- shall be uniform throughout the United Mr. BABIN, Mr. RUSSELL, Mr. ROYCE of Cali- stitution in the Government of the United States; fornia, Mrs. MIMI WALTERS of California, Mr. Article I, Section 8, Clause 4: States, or in any Department or Officer FORTENBERRY, Ms. STEFANIK, Mr. DUFFY, Mr. To establish a uniform rule of naturaliza- thereof. PAULSEN, and Mr. PEARCE. tion, and uniform laws on the subject of By Mr. THOMAS J. ROONEY of Flor- H.R. 277: Mr. MCCLINTOCK. bankruptcies throughout the United States; ida: H.R. 300: Mr. GOSAR, Mr. BURGESS, and Mr. Article I Section 8, Clause 10: H.R. 506. PITTENGER. Congress has the power to enact this legis- To define and punish piracies and felonies H.R. 303: Ms. PINGREE and Mr. COLE. lation pursuant to the following: committed on the high seas, and offenses H.R. 305: Mr. SWALWELL of California, Mr. Article I, Section 8. To make all laws against the law of nations; SCHIFF, and Mr. SEAN PATRICK MALONEY of which shall be necessary and proper for car- By Mr. COFFMAN: New York. rying into execution the foregoing powers, H.R. 496. H.R. 331: Ms. TITUS. Congress has the power to enact this legis- and all other powers vested by this Constitu- H.R. 332: Ms. SHEA-PORTER. lation pursuant to the following: tion in the government of the United States, H.R. 350: Mr. MEADOWS, Mr. AMODEI, Mr. Article 1 Section 8 Clause 4 states that or in any department or officer thereof. CRAWFORD, Mr. SCHWEIKERT, Mr. ROUZER, Mr. ‘‘Congress shall have the power to establish By Mr. ROSS: THOMPSON of Pennsylvania, and Mr. PETER- an uniform rule of naturalization.’’ H.R. 507. SON. By Mr. COOK: Congress has the power to enact this legis- H.R. 497. lation pursuant to the following: H.R. 355: Mr. GIBBS, Mr. GROTHMAN, Mr. Congress has the power to enact this legis- Article I, Section 8, Clause 18 ROUZER, Mr. POLIQUIN, Mr. FLORES, Mr. lation pursuant to the following: By Ms. ROYBAL-ALLARD: HULTGREN, Mr. LAHOOD, Mr. POSEY, Mr. Article I, Section 8 H.R. 508. LAMALFA, and Mr. JENKINS of West Virginia. By Mr. CRAMER: Congress has the power to enact this legis- H.R. 367: Mr. CRAMER, Mr. FRANKS of Ari- H.R. 498. lation pursuant to the following: zona, Mr. SHUSTER, Mr. GROTHMAN, Mr. Congress has the power to enact this legis- Article 1, Section 8 of the United States BUDD, Mr. ROKITA, Mr. KELLY of Pennsyl- lation pursuant to the following: Constitution vania, Mr. MCCLINTOCK, Mr. ROGERS of Ken- Section 1, Article 8, Clause 3 of the United By Mr. SENSENBRENNER: tucky, Mr. ROE of Tennessee, Mr. JENKINS of States Constitution H.R. 509. West Virginia, Mr. BANKS of Indiana, Mr. By Mr. DESANTIS: Congress has the power to enact this legis- SESSIONS, Mr. GRIFFITH, Mr. ROUZER, Mr. H.R. 499. lation pursuant to the following: WALKER, Mr. MOOLENAAR, and Mr. BABIN. Congress has the power to enact this legis- Article 1, Section 8, clause 1 H.R. 377: Mr. SMITH of Texas, Mr. lation pursuant to the following: By Mr. SENSENBRENNER: DESANTIS, Mr. AUSTIN SCOTT of Georgia, and Article I, Section 8, Clause 18 of the United H.R. 510. Mr. DENT. States Constitution and Article I, section 9, Congress has the power to enact this legis- H.R. 382: Ms. SLAUGHTER. clause 7 of the United States Consitution. lation pursuant to the following: H.R. 390: Mr. KING of Iowa. By Mr. DESJARLAIS: Article I, Section 8, clause 3 H.R. 391: Mr. BARLETTA. By Mr. WELCH: H.R. 500. H.R. 392: Ms. GABBARD, Mr. RUSSELL, and H.R. 511. Congress has the power to enact this legis- Mr. LABRADOR. lation pursuant to the following: Congress has the power to enact this legis- H.R. 407: Mr. PALAZZO. Article I, Sec. 8 Clause 1: The Congress lation pursuant to the following: H.R. 426: Mr. BURGESS, Mr. WOMACK, Mr. shall have Power To lay and collect Taxes, Article 1, Section 8, Clause 3: The Congress SMITH of Texas, and Mr. FLORES. Duties, Imposts and Excises, to pay the shall have Power To . . . regulate commerce Debts and provide for the common Defence with foreign nations, and among the several H.R. 433: Mr. LEWIS of Minnesota. and general Welfare of the United States; but states, and with the Indian tribes H.R. 440: Mr. LAMALFA. all Duties, Imposts and Excises shall be uni- By Mr. YOHO: H.R. 442: Mr. COMER. form throughout the United States; H.R. 512. H.R. 448: Mr. THOMPSON of California, Mr. By Mrs. DINGELL: Congress has the power to enact this legis- GARAMENDI, and Mr. SWALWELL of California. H.R. 501. lation pursuant to the following: H.J. Res. 11: Mr. KINZINGER and Mr. Congress has the power to enact this legis- Title I, Section 8 of the United States Con- WOMACK. lation pursuant to the following: stitution. H. Res. 31: Mrs. NAPOLITANO, Mrs. WATSON The constitutional authority of Congress By Mr. YOUNG of Alaska: COLEMAN, Mr. JEFFRIES, and Mr. PERL- to enact this legislation is provided by Arti- H.R. 513. MUTTER.

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Vol. 163 WASHINGTON, THURSDAY, JANUARY 12, 2017 No. 8 Senate The Senate met at 12:30 p.m. and was U.S. SENATE, ObamaCare has thrown into turmoil, called to order by the Honorable JAMES PRESIDENT PRO TEMPORE, and they can start bringing relief to LANKFORD, a Senator from the State of Washington, DC, January 12, 2017. the American people. There is a lot Oklahoma. To the Senate: they can do. Under the provisions of rule I, paragraph 3, There is lot we can do. We may not of the Standing Rules of the Senate, I hereby f be responsible for ObamaCare and the appoint the Honorable JAMES LANKFORD, a Senator from the State of Oklahoma, to per- harm it has done to so many, but we PRAYER form the duties of the Chair. have been clear about our commitment The Chaplain, Dr. Barry C. Black, of- ORRIN G. HATCH, to bringing relief from it. From sky- fered the following prayer: President pro tempore. rocketing premiums and deductibles to Let us pray. Mr. LANKFORD thereupon assumed dwindling options on the exchanges, Eternal God, in these challenging the Chair as Acting President pro tem- too many families don’t know how days, our hearts are steadfast toward pore. they will continue to endure the con- sequences associated with ObamaCare. You. Lift from our lawmakers all dis- f couragement, cynicism, and mistrust. These families have called for a helping RECOGNITION OF THE MAJORITY Lead them safely to the refuge of Your hand. They have called for Congress to LEADER choosing, for You desire to give them a listen to their concerns, and they have future and a hope. The ACTING PRESIDENT pro tem- called for us to finally build a bridge Lord, give our Senators the power to pore. The majority leader is recog- away from ObamaCare and toward do Your will, as they more fully realize nized. health policies that put them first. We just took a decisive step toward that that they are servants of Heaven and f stewards of Your mysteries. Provide goal last night. OBAMACARE REPEAL Repealing and replacing ObamaCare them with the wisdom to make faith is a big challenge. It isn’t going to be the litmus test by which they evaluate Mr. MCCONNELL. Mr. President, the easy. Nonetheless, we are committed to each action, as they refuse to deviate Senate just passed the legislative tools fulfilling our promise to the American from the path of integrity. needed to repeal and replace people—and we will. Lord, keep them from being careless ObamaCare. This is a critical step for- about their spiritual and moral growth, ward—the first step toward bringing f as You give them the courage and the relief from this failed law. The resolu- RECOGNITION OF THE MINORITY grace to fulfill Your purposes. tion now goes to the House. They will LEADER take it up soon. The next step will then We pray in Your great Name. Amen. The ACTING PRESIDENT pro tem- be the legislation to finally repeal pore. The Democratic leader is recog- f ObamaCare and move us toward smart- nized. er health policies. PLEDGE OF ALLEGIANCE The repeal legislation will include a f The Presiding Officer led the Pledge stable transition period as we work to- NOMINATION OF REX TILLERSON of Allegiance, as follows: ward patient-centered health care. We Mr. SCHUMER. Mr. President, I I pledge allegiance to the Flag of the plan to take on the replace challenge came to the floor yesterday to voice United States of America, and to the Repub- in manageable pieces with step-by-step my serious concerns with some of the lic for which it stands, one nation under God, reforms. We can begin to make impor- remarks made by the Secretary of indivisible, with liberty and justice for all. tant progress within that repeal legis- State nominee, Rex Tillerson, in his lation, and we will continue to work hearing. f with the incoming administration and I was worried that his milquetoast the House in developing what comes posture toward Russia, especially his APPOINTMENT OF ACTING next. failure to support strong U.S. sanc- PRESIDENT PRO TEMPORE There are other steps we can take as tions—existing or proposed—bespoke a The PRESIDING OFFICER. The well, including important administra- fundamental misreading of the geo- clerk will please read a communication tive steps like confirming TOM PRICE as political climate and the true nature of to the Senate from the President pro Secretary of Health and Human Serv- our international security challenges. tempore (Mr. HATCH). ices and Seema Verma as CMS Admin- I was worried that, as Secretary of The senior assistant legislative clerk istrator. They can start stabilizing the State, he only promised to recuse him- read the following letter: health insurance markets that self from matters involving Exxon for a

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

S297

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VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.000 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S298 CONGRESSIONAL RECORD — SENATE January 12, 2017 period of 12 months. Exxon’s interests rights violator; people in a fifth grade diana, and said: Find some way, if you overseas aren’t going away after 1 world history class would know that— can, as President, to protect these year. That is not good enough to re- whether or not his company was en- young DREAMers, as we call them. solve what is, potentially, a massive gaged in lobbying against, or perhaps And he did. It is called DACA, Deferred conflict of interest. for, energy sanctions—then maybe Mr. Action for Childhood Arrivals. I am worried that Mr. Tillerson, as Tillerson does not have the necessary What it basically said is that if you CEO and chairman of ExxonMobil, con- management skills or knowledge base qualify under the DREAM Act, you ducted business with all three foreign to be the chief diplomat of the United could pay a filing fee of almost $500, go state sponsors of terrorism through a States of America, running a Depart- through a criminal background check foreign subsidiary in a way that al- ment that is obviously worldwide, far- and interview, and, then, if you qual- lowed Exxon to evade U.S. sanctions. flung, and with thousands and thou- ify, you will be given a 2-year tem- As the head of Exxon, Mr. Tillerson did sands and thousands of employees. porary protection from deportation and business with the terrorism trifecta: Simply put, we need answers. What the ability to work. So far, over 750,000 Iran, Syria, and Sudan. This raises se- did Mr. Tillerson know and when did he young people have come forward. They rious questions that the man who is know it? The American people expect have made such a difference in their nominated to be the face of the United their Secretary of State to be straight- own lives, in the lives of their families, States to the world has so much experi- forward and honest with them—not and even in our country. ence doing business with our most coy, not dissembling. Most impor- I have come over 100 times to tell prominent and concerning adversaries. tantly, they expect him or her to have their stories, and I will tell another At the hearing, under questions from the interests of the American people one today. But I want to also announce the senior Senator from New Jersey and our friends and allies around the that today we have a significant bipar- and the Senator from Oregon, Mr. world at the forefront of their mind. tisan breakthrough for this Congress: Tillerson denied having knowledge of Unfortunately for Mr. Tillerson, and Republican Senator LINDSEY GRAHAM these dealings and directed the Sen- for this country, yesterday’s hearings of South Carolina and I have intro- ators to seek more information from and today’s reports raise more ques- duced the BRIDGE Act. The BRIDGE ExxonMobil itself. Three times he told tions than answers. The American peo- Act, which has bipartisan sponsorship, the committee that he ‘‘did not recall’’ ple deserve answers. would say that even if we eliminated any of the details. Throughout the I yield the floor. President Obama’s Executive order, we would protect these young people from afternoon, it sounded like he was fol- f lowing the dodgeball rules for con- deportation and allow them to con- firmation hearings: Dodge, dip, duck, RESERVATION OF LEADER TIME tinue to work and study. dive, and dodge. In fact, he basically The ACTING PRESIDENT pro tem- I want to thank Senator GRAHAM. He admitted it to the junior Senator from pore. Under the previous order, the has been a terrific partner. This is an issue which weighs heavily Virginia. leadership time is reserved. on my mind and conscience. We believe I just read in the Washington Post f that, on three separate occasions, the this is a reasonable way to extend this protection and to say to Congress in SEC, or the Securities and Exchange MORNING BUSINESS the meantime: Get to work. Roll up Commission, wrote letters directed to The ACTING PRESIDENT pro tem- your sleeves. Pass a comprehensive im- Mr. Tillerson himself seeking more in- pore. Under the previous order, the migration bill. Work with the new formation on these undisclosed deal- Senate will be in a period of morning President, work with both sides, Demo- ings during his tenure as CEO and business, with Senators permitted to crats and Republicans, and come up chairman—once on January 6, 2006, speak therein for up to 10 minutes with an approach. once on May 4, 2006, and again on De- each. I thank Senator GRAHAM for joining cember 1, 2010. The Democratic whip. me in the introduction of this BRIDGE In general, I like to give people the f Act. benefit of the doubt. But it gives me DACA AND BRIDGE ACT For the young people across America, great concern that Mr. Tillerson says I can tell you, I understand your fears. he has zero recollection of an SEC in- Mr. DURBIN. Mr. President, in 8 I understand your anxiety. There are quiry into his company’s business deal- days, just a short distance from this many of us who are dedicated to mak- ings with foreign state sponsors of ter- Senate Chamber, Donald Trump will be ing certain that this ends well for you rorism—real concern. He got three let- sworn in as the 45th President of the and for your family. ters from the SEC on a matter of United States. On that date, January There are pretty amazing young peo- major, major importance that would 20, 2017, the fate of more than 750,000 ple who are in that category I have ad- concern the whole corporation—the young American immigrants will hang dressed. One of them is Jose Espinoza. giant ExxonMobil—and he says he in the balance. They will be waiting to At the age of 2, Jose Espinoza was doesn’t recall. This is the kind of mat- learn if they have a place in America’s brought here from Mexico. He grew up ter that should be handled and ap- future or whether they will lose their in the northwest suburbs of Chicago proved by an organization’s most sen- legal status to stay in the United and became an excellent student. In ior leader. States. For many of them, it is a pe- high school, he was a member of the Mr. Tillerson presents himself as a riod of the highest anxiety, wondering National Honor Society, and he grad- hands-on manager. It defies credibility what is going to happen next. uated in the top 3 percent of his class. to believe he doesn’t recall. This is ex- It was 7 years ago that I sent a letter He was elected to the student council traordinarily troubling because either to President Obama. I had introduced every year in high school, the treas- one of two things is true. Either Mr. the DREAM Act, which said that if you urer, vice president, editor of the high Tillerson was aware of these SEC let- were brought to America as a child, an school yearbook, mentored and taught ters and was familiar with these deal- infant, or an adolescent, lived here all physical education to a freshman class ings but didn’t want to answer the your life, went to school and did well, of 40 students. He was also captain of questions honestly, or, indeed, he had and had no criminal record of any con- the varsity track and field team and a no knowledge of consequential finan- sequences, we would give you a chance member of the soccer team and the cial disclosures made by his own com- to stay. Over a period of time, you school orchestra. pany. If we consider that, in concert would be able to become legal in Amer- In his spare time, if there was any, with all the other things he claimed to ica—a citizen in America. Sixteen Jose volunteered with the United Way, have ‘‘no knowledge of’’—including the years ago, I introduced it, and we and as a result of his academic record widely reported extrajudicial killings passed it once in the Senate, once in and volunteer service, he received a in the Philippines, whether or not the House, and never, ever made it the college scholarship from the United Saudi Arabia was a human rights viola- law of the land. Way. tor—imagine, he had no knowledge of I wrote to President Obama, with Incidentally, DREAMers—undocu- whether Saudi Arabia was a human Senator Dick Lugar, Republican of In- mented—don’t qualify for any Federal

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.002 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S299 assistance for their education, so they PROVIDING FOR AN EXCEPTION TO to his Cabinet. Traditionally, Presi- have to find it in other places. His A LIMITATION AGAINST AP- dents are accorded a very high level of work with the United Way helped to POINTMENT OF PERSONS AS deference on assembling their own pay his way at the college. He went to SECRETARY OF DEFENSE WITH- team, in part because these nominees the University of Illinois at Urbana- IN SEVEN YEARS OF RELIEF are directly accountable to the Presi- Champaign and received multiple aca- FROM ACTIVE DUTY AS A REG- dent. But they are accountable to the demic awards and continued his volun- ULAR COMMISSIONED OFFICER American people too. teer service with Alpha Phi Omega, a OF THE ARMED FORCES—MOTION No Cabinet member is more powerful national service fraternity. He received TO PROCEED or has more impact on the day-to-day lives of Americans than the Attorney the Distinguished Service Key, the fra- Mr. MCCONNELL. Mr. President, I ternity’s highest award. He graduated General of the United States. move to proceed to S. 84. The Attorney General is, indeed, a with a bachelor of science in kinesi- The ACTING PRESIDENT pro tem- ology and then went on to earn a mas- general, in command of an army of pore. The clerk will report the motion. thousands of lawyers whose words ter’s degree in public health at the Uni- The senior assistant legislative clerk versity of Illinois. carry enormous weight and power. It is read as follows: the weight and power of the people of In his last semester of graduate Motion to proceed to S. 84, a bill to provide school, President Obama announced the United States. He speaks for us. He for an exception to a limitation against ap- charges defendants in our name. He has the DACA Program, which I described pointment of persons as Secretary of Defense earlier. He applied, signed up, and be- within seven years of relief from active duty sweeping authority to bring criminal came part of that DACA Program. as a regular commissioned officer of the charges in all Federal offenses, enor- What is he doing today with his mas- Armed Forces. mous unreviewable discretion in cases ter’s degree, with his opportunity to The ACTING PRESIDENT pro tem- ranging from minor misdemeanors to work in fields of public health and pore. The motion is nondebatable. the most serious felonies. In every such? He signed up for Teach For The question is on agreeing to the sense, as capital penalties can be America. We know Teach For America motion. sought for some of these crimes, he wields the power of life and death. is a national nonprofit organization The motion was agreed to. The Attorney General’s authority is that places talented recent college f not only sweeping, it is uniquely inde- graduates in urban and rural schools PROVIDING FOR AN EXCEPTION TO pendent of the President’s Cabinet. His that have a shortage of teachers. Jose A LIMITATION AGAINST AP- decisions must supersede partisan poli- is currently a high school physics and POINTMENT OF PERSONS AS tics. In most cases, there is no recourse public health teacher in the city of SECRETARY OF DEFENSE WITH- to overrule his decisions unless there is Chicago. IN SEVEN YEARS OF RELIEF political interference. He is not just He wrote me a letter, and he said: FROM ACTIVE DUTY AS A REG- another government lawyer or even DACA changed my life in more ways than ULAR COMMISSIONED OFFICER just another member of the President’s I can ever explain. It has given me the power Cabinet. He is the Nation’s lawyer, and to help others, the freedom to travel, and the OF THE ARMED FORCES he must be the Nation’s legal counsel right to legally work without fear of depor- The ACTING PRESIDENT pro tem- tation. Simply put, without DACA, I pore. The clerk will report the bill by and conscience. The job of U.S. Attorney General at wouldn’t exist for my students and my com- title. stake here is one that I know pretty munity. The senior assistant legislative clerk well. Like some of my colleagues in If DACA is eliminated, what will hap- read as follows: this body, I served as U.S. attorney, pen to Jose? The day after DACA, he A bill (S. 84) to provide for an exception to won’t be able to teach. He could be de- the chief Federal prosecutor in Con- a limitation against appointment of persons necticut. ported back to Mexico, where he hasn’t as Secretary of Defense within seven years of I reported to the U.S. Attorney Gen- lived since he was a 2-year-old toddler. relief from active duty as a regular commis- eral. For years afterward as a private That would be a tragedy, not just for sioned officer of the Armed Forces. litigator and then as attorney general Jose and his family but for this Nation. The ACTING PRESIDENT pro tem- of the State of Connecticut for 20 pore. Under the provisions of Public This is a fine young man who, against years, I fought alongside and some- Law 114–254, there will now be up to 10 great odds, undocumented, has written times against the U.S. Attorney Gen- this amazing record in his young life. hours of debate, equally divided be- eral and the legal forces at his disposal. He is a giving person. He could be mak- tween the two leaders or their des- I have seen his power, or hers, first- ing a lot more money than his pay with ignees. hand. The power of this Attorney Gen- Teach For America in an inner city Mr. MCCONNELL. Mr. President, we eral is awesome, as is that of any At- school. are on the Mattis waiver. torney General. Do we need Jose Espinoza in Amer- Anyone who would like to debate, In the best of cases, they are inspir- ica’s future? I think we do. That is why please come over. ing too. Even as he protects the public I am happy that this BRIDGE Act In the meantime, I suggest the ab- from vicious and violent criminal of- would give him a chance and Congress sence of a quorum. fenders, his role is also to protect the a chance to address this issue of The ACTING PRESIDENT pro tem- innocent from unfounded charges that DREAMers. I hope President-Elect pore. The clerk will call the roll. could shatter their lives even if they Trump will understand this and con- The senior assistant legislative clerk are acquitted. As Justice Robert Jack- tinue the DACA Program. If he decides proceeded to call the roll. son, a former Attorney General him- to end the DACA Program, I hope his Mr. BLUMENTHAL. Mr. President, I self, once said: His job is not to con- administration will work closely and ask unanimous consent that the order vict, but to assure justice is done. rapidly with Congress to pass the for the quorum call be rescinded. So this job requires a singular level BRIDGE Act into law. The PRESIDING OFFICER (Mr. of intellect and integrity and non- I yield the floor. SASSE). Without objection, it is so or- partisan but passionate devotion to the I suggest the absence of a quorum. dered. rule of law and an extraordinary sense The ACTING PRESIDENT pro tem- Mr. BLUMENTHAL. Mr. President, I of conscience. That is because he is re- pore. The clerk will call the roll. ask unanimous consent that I be per- sponsible for so much more than pros- The senior assistant legislative clerk mitted to speak as in morning business ecuting and preventing crime and en- proceeded to call the roll. for 15 minutes. suring public safety. He is responsible Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without for aggressively upholding our Nation’s ask unanimous consent that the order objection, it is so ordered. sacred constitutional commitment to for the quorum call be rescinded. NOMINATION OF JEFF SESSIONS protecting individual rights and lib- The ACTING PRESIDENT pro tem- Mr. BLUMENTHAL. Mr. President, erties and preventing infringement on pore. Without objection, it is so or- the Senate is holding hearings on each them, even by the government itself, dered. of President-Elect Trump’s nominees maybe especially by the government.

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.004 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S300 CONGRESSIONAL RECORD — SENATE January 12, 2017 This responsibility for safeguarding pendent, nonpolitical law enforcer country. We do not exclude people from equal justice under the law is particu- against conflicts of interest and offi- citizenship based on the nationality of larly important today, at a time when cial self-enrichment that the Nation their parents or grandparents. Senator those civil rights and freedoms are so needs now more than ever—at a mo- SESSIONS disagrees, a position that much in peril. This historic moment ment when the incoming administra- most other Republicans think is ex- demands a person whose life work, pro- tion faces ethical and legal controver- treme. fessional career, and record shows that sies that are unprecedented in scope With Senator SESSIONS as Attorney he will make the guarantee under our and scale. General, the Trump administration Constitution of equal justice under law Senator SESSIONS’ record over many would be encouraged in attempting to a core mandate of his tenure. years and his recent testimony fail to deport American citizens—who have Having reviewed the full record and demonstrate the core commitments raised families and spent their entire recent testimony, regrettably and re- and convictions necessary in our next lives here—from the only country they spectfully, I cannot support the Presi- Attorney General. have ever known. dent-elect’s nominee, our colleague and Back in 1986, the Senate Judiciary Senator SESSIONS declined my invita- friend JEFF SESSIONS, for this job. Committee rejected Senator SESSIONS’ tion at his nomination hearing to exer- At his confirmation hearing, Senator nomination to a Federal judgeship due cise moral and legal leadership and SESSIONS simply said he would follow to remarks he made and actions he demonstrate his resolve to serve as the the law and he would obey it, but the took in a position of public trust as Nation’s legal conscience. He refused to Attorney General of the United States U.S. attorney in Alabama. However, reject the possibility of using informa- must be more than a follower. He must my position on his nomination is pri- tion voluntarily provided by DACA ap- be a leader in protecting the essential marily based on his record since those plicants to deport them and their fami- constitutional rights and liberties. He hearings and less on what was consid- lies. As a matter of fundamental fair- must be a champion, a zealous advo- ered at that time. ness and due process, when a DREAMer cate. He must actively pursue justice, On voting rights, Senator SESSIONS has provided information to our gov- not just passively follow or obey the has often condoned barriers to Ameri- ernment after being invited to come law. cans exercising their franchise. He has out of the shadows, this information Senator SESSIONS’ record reflects a been a leading opponent of provisions should never be used to deport that hostility and antipathy—in fact, down- in the Voting Rights Act designed to person. With Senator SESSIONS as At- right opposition—to civil rights and ensure that African Americans can torney General, that sense of legal con- voting rights, women’s health care and vote in places, such as his home State science would be lacking. privacy rights, antidiscrimination of Alabama, which have a unique his- On issues of discrimination and equal measures, and religious freedom safe- tory of racial segregation. He has advo- protection, Senator SESSIONS has pub- guards. He has prided himself on his cated for needlessly restrictive and licly opposed marriage equality, claim- vociferous opposition to immigration draconian voter ID laws, citing utterly ing it ‘‘weakens marriage’’ and even reform legislation, a measure that debunked threats of rampant voter tried to eliminate protections for passed this body with 68 bipartisan fraud as an excuse for curtailing the LGBT Americans contained in the votes, and a criminal justice reform real and legitimate rights of entire Runaway and Homeless Youth and bill that has attracted a group of 25 co- groups of voters. Trafficking Prevention Act. He has re- sponsors, Democrats and Republicans. On privacy—very important—Sen- peatedly voted against steps to en- He even split with the majority of his ator SESSIONS has passionately opposed hance enforcement against hate own party to vote against reauthor- this longstanding American right, crimes—violent assaults involving big- izing the Violence Against Women Act. which is enshrined in five decades of otry or bias based on race, religion, and He opposed hate crime prohibitions. Supreme Court precedent. It protects sexual orientation. He even defended Senator SESSIONS’ views and positions women’s health care and personal deci- President-Elect Trump’s shocking ad- on these issues and others, which are sions involving reproductive rights. At mission on video of his pattern of en- critical to protecting and championing a time when these rights are facing an gaging in sexual assault. rights and liberties under our Constitu- unprecedented assault, he has contin- tion, are simply out of the mainstream. ued to condemn Roe v. Wade and the Senator SESSIONS himself has said that public officials can be fairly There is nothing in Senator SESSIONS’ many court decisions upholding that record, including his testimony before case. judged by assessing who their sup- the Judiciary Committee this week, He is also supported by extremist porters are. Senator SESSIONS is backed that indicates he will be the constitu- groups like Operation Rescue that de- by groups with ties to White suprema- tional champion the Nation needs at fend the murder of doctors and the vili- cists. this point in its history. fication and criminalization of women. He has even accepted an award and Equally important, the Attorney With him as Attorney General, Amer- repeated campaign donations from General must speak truth to power. He ican women would understandably feel groups whose founder openly promotes must be ready, willing, and able to say less secure about those rights. the goal of maintaining a ‘‘European no to the President of the United On religious freedom, Senator SES- American majority’’ in our society. States and ensure that the President is SIONS has advocated for using a reli- Neither award, nor many other impor- never above the law. Senator SESSIONS’ gious test to determine which immi- tant parts of Senator SESSIONS’ record, record and testimony give me no con- grants can enter this country. When was reported on the questionnaire he fidence that he will fulfill this core this issue arose in committee, Senator prepared for the Judiciary Committee. task. SESSIONS was the only Senator—the I gave Senator SESSIONS an oppor- When I asked him about enforcement only Senator—to argue forcefully for tunity at the hearing earlier this week of cases against illegal conflicts of in- religious tests and against principles of to repudiate these hate groups and rac- terest involving the President and his religious liberty that have animated ist individuals who have endorsed his family, such as violations of the our Republic since its founding. With nomination and supported him in the emoluments clause or the STOCK Act, Senator SESSIONS as Attorney General, past. In fact, instead he doubled down, he equivocated. When I asked him a Trump administration would enjoy a saying that a man who has accused Af- about appointing a special counsel to permanent green light for any racially rican Americans of excessive crimi- investigate criminal wrongdoing at or religiously discriminatory immigra- nality and American Muslims of exten- Deutsche Bank, owed more than $300 tion policy that might appeal to him. sive ties to terrorism was ‘‘a most bril- million by Donald Trump, he equivo- On citizenship, Senator SESSIONS has liant individual.’’ cated. When I asked him about abstain- called for abolishing a time-honored So I reach my decision to oppose this ing from voting on other Presidential tradition that dates back to recon- nomination with regret because JEFF nominees while he is in the Senate, he struction. Birthright citizenship is the SESSIONS is a colleague and a friend to equivocated. Those answers give me no distinctly American concept that any- all of us. Indeed, he and I have a rap- confidence that he will be the inde- one born on our soil is a citizen of our port. I have come to like and respect

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.005 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S301 him through a number of shared expe- tary at least 10 years before taking on rule. If we are literally saying an ex- riences in this building, traveling the role of Secretary of Defense, en- ception could be made because of the abroad, and outside. shrining again this notion that civilian nature of an administration and the We have common causes. He and I control is so important to our democ- nature of a nominee, we have literally both support law enforcement profes- racy and our American values. swallowed the rule. sionals who serve our communities and On Tuesday, the Armed Services I think it is a historic mistake. I the Nation with dedication and cour- Committee had a very compelling hear- truly believe we are about to unwind age. They are never given sufficient ing. We had two experts testify about something that has served this country thanks and appreciation. the reasons for civilian control and well for the past 50 years. We are about He and I both believe that individual why they are still so important today. to unwind it. Interestingly, the last corporate criminal culpability should The importance of having a Secretary time the Congress unwound it, they be pursued more vigorously. Individual of Defense who brings a civilian per- said: Never again. corporate executives should be held ac- spective to this position and brings They didn’t say: If you have an ur- countable for the wrongdoing of cor- with him or her a breadth of views and gency as we have now, which was the porations when they are criminally in- experience—those views coming from a concern, according to these experts, volved. civilian are very important. that World War III was looming, the This job, this decision, this responsi- Second, they said it is very impor- concern that we needed a well-known, bility is different. Here, my disagree- tant not to politicize our officer ranks, well-loved general because of all the ments stem from bedrock constitu- meaning our senior, top military advis- foreign policy worries of the moment tional principles. While I could envi- ers jockeying for the next job as a po- with North Korea; they said: Never sion deferring to Presidential author- litical appointee. That undermines the again. ity and supporting him for other posi- functioning of the military, and they I don’t know why we are here. I real- tions, my objections to his nomination testified about countries where it has ly don’t know why—because it is not here relate specifically to this par- had such deleterious effects. the standard. ticular, essential, all-powerful job. The third reason is concern about Now this is the world we are going to At this historic moment, there must bias toward one service or another. Ar- live in. President-Elect Trump will be no doubt about the ironclad com- guably, if one comes from a particular mainly have his foreign policy input mitment of the Attorney General of service, one may have preferences in- from two four-star generals and a the United States to the bedrock prin- nately for that branch of service, which three-star general. So where is the di- ciple of equal justice under law, his re- could undermine the strength of our versity of opinion coming from? Where solve to be an independent voice, assur- military. is that balance going to come from, the ing that the President is never above The fourth reason, which is really No. 1 reason the experts gave for why the law, his determination to be a important in today’s world, is the de- we have civilian control of the mili- champion for all people of America and sire to model civilian control for other tary—Tillerson? our constitutional principles that pro- countries around the world that are Even General Marshall, if we remem- tect all people, and to be a legal con- struggling to become more democratic, ber history correctly, had the experi- science for the Nation. less autocratic, and less militarily run. ence of being a former Secretary of Reviewing his record, I cannot assure Those are the four reasons given as State and head of the Red Cross, so he the people of Connecticut or the coun- to why civilian control of the military had civilian experience in addition to try that JEFF SESSIONS would be a vig- is so important. Dr. Cohen and Dr. his military experience. Civilian con- orous champion of these rights and lib- Hicks both agreed—despite those four trol has very important constitutional erties. Therefore, I stand in opposition reasons—that from their perspective, it reasons based on our democratic val- to his nomination. should be abrogated. Dr. Cohen said it ues, the balance of power, and how our Mr. President, I yield the floor. was because the characteristics of the democracy runs. Those principles are I suggest the absence of a quorum incoming administration gave him being gutted and ignored. We are not The PRESIDING OFFICER. The such concern that he needed to have using the right standards, and I think clerk will call the roll. someone like General Mattis and it is a historic mistake. The legislative clerk proceeded to thought the qualities of General Mattis As I stated, this has nothing to do call the roll. were important. Even Dr. Hicks said it with our particular nominee. These Mrs. GILLIBRAND. Mr. President, I was the qualities of General Mattis principles exist for a reason. It has en- ask unanimous consent that the order that were so unique and important, but abled our country’s success for decades for the quorum call be rescinded. she very importantly said: Never, and has kept our democracy safe. If we The PRESIDING OFFICER. Without though, should we say that it is time take this change in our laws lightly, as objection, it is so ordered. for a general to be the Secretary of De- we are about to do today, when future Mrs. GILLIBRAND. Mr. President, I fense. In her perspective, it should Congresses—or even this same Con- rise to strongly oppose this legislation never be that you need a general. So gress 2 or 3 year from now—look at this concerning a waiver for General for her it was not the exigencies of cir- and want to make the same exception, Mattis. cumstances; it was the specific charac- it will be much easier to do. I know that all of my colleagues on teristics of General Mattis. I will continue to oppose this waiver the Armed Services Committee who Overwhelmingly, the Senators and for any nominee who is not a civilian just left the hearing on this very topic the Members of the Armed Services or who has not met the waiting period with General Mattis and this entire Committee, myself included, have ex- that is required by law, and I urge all body take the oversight role of our pressed enormous gratitude for the ex- of my colleagues to do the same. I urge committee very seriously. We take ci- traordinary service of General Mattis. them to vote no. vilian control of the military as a fun- That is not in debate. But if there is no Ms. COLLINS. Mr. President, today I damental constitutional principle of civilian in all the world as of today at wish to support the legislative waiver the Founding Fathers. Even George this moment who could meet the needs required for retired General James Washington put aside his commission 5 of the incoming administration, then Mattis to become the next Secretary of years before he became our Com- who is to say that there will be no ci- Defense. mander in Chief and became the Presi- vilian in the future who could meet the The principle of civilian control of dent of the United States. When Con- needs of this administration, should the military has been fundamental to gress in 1947 debated the National Se- they need another Secretary of De- the concept of American Government curity Act to create the Department of fense, or the next administration? since the inception of our Republic. It Defense and create the Secretary of De- What we are doing today, inadvert- was the Continental Congress that fense, they decided to imbue this idea ently, because of a cherished notion we granted General George Washington of civilian control into the Secretary have toward this one nominee, is sub- his commission, and General Wash- of Defense by law, by mandating that verting the standard, and, in fact, this ington reported to that legislative he had to be separated from the mili- exception now can swallow the whole body throughout the entire war.

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.007 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S302 CONGRESSIONAL RECORD — SENATE January 12, 2017 At the conclusion of the war, General as Iran, North Korea, Russia, and capable and successful former Secre- Washington was the most popular and China, has heightened tensions around taries of Defense whose careers were ei- important figure in America. He easily the globe. And all our international ther largely or entirely in the civilian could have positioned himself as the challenges today take place against the workforce. Secretaries Cohen, Panetta, leader of the American government backdrop of the knowledge that the and Gates know as well as anyone what and, in fact, was urged to do so by world has a large and aging nuclear ar- it takes to succeed in that position and many. Instead, General Washington fa- senal that could quickly create chaos the importance of civilian leadership of mously resigned his commission on De- in the wrong hands. the military. Their unqualified support cember 23, 1783, thus firmly estab- As was the case with Gen. Marshall, of Gen. Mattis carries considerable lishing the principle that, in this new Gen. Mattis, with his exceptional char- weight with me and further convinces country, ultimate authority over the acter and competence and his remark- me that, in this particular cir- Armed Forces would rest with demo- able skills and ability, is a fit for these cumstance, a waiver is warranted. cratically elected civilians. General dangerous times. Mr. CARDIN. Mr. President, civilian Washington’s noble act was the founda- Over the course of his 44-year career control of our military is one of the tion of such an important tenet of our in the Marine Corps, Gen. Mattis has bedrock principles of American self- democracy that the scene is depicted in earned a reputation as a warrior and government. The National Security a magnificent painting by John Trum- commander who is beloved by soldiers Act of 1947, U.S.C. Title 10 Section bull, which occupies a prominent posi- and veterans alike. The ‘‘warrior 113(a), stipulates that an individual ‘‘may not be appointed as Secretary of tion in the rotunda of the United monk,’’ as he is known in military cir- Defense within seven years after relief States Capitol. cles, is a voracious reader and a stu- The principle of civilian control of dent of history. He has served as a from active duty as a commissioned of- the military was at the center of the military commander at all levels and ficer of a regular component of an armed force.’’ President-Elect Donald debate when the structure of our all over the world. His assignments Trump’s choice of retired U.S. Marine Armed Forces was dramatically reorga- have included a combat deployment Corps General James N. Mattis violates nized after World War II. A congres- during the Persian Gulf Wars and dif- that provision since he has only been sional consensus emerged from the ficult leadership posts in both Oper- out of the uniform for 3 years; thus, military readiness failures of Pearl ation Enduring Freedom in Afghani- Congress will need to pass a waiver so Harbor that the modern world required stan and Operation Iraqi Freedom, where Mattis commanded the 1St Ma- that he can serve if confirmed. a more significant standing military I have considered this issue carefully, force with a more centralized command rine Division in the city of Fallujah. His work over the past decade has and I have listened to Gen. Mattis’s structure. But harkening back to the demonstrated a deep appreciation for testimony earlier today before the Sen- precedent established by George Wash- the challenges our country faces today. ate Armed Services Committee. I be- ington, it was imperative that this new In 2006, Mattis coauthored the mili- lieve Gen. Mattis is committed to the structure have civilian leadership. This tary’s counterinsurgency manual with principle of civilian control of the mili- was especially concerning at the time, then-Army General David Petraeus. As tary. I was reassured by his testimony given the number of remarkable gen- an expert in counterinsurgency, Mattis this morning, and I will vote to grant erals who had deservedly attained he- understands the crucial role military the waiver. There is a precedent: in roic status in the eyes of the American power plays in conjunction with other 1950, the Senate voted to confirm Gen- public and the free world. Thus, in 1947, civil instruments of national power, in- eral George C. Marshall’s as Secretary Congress passed section 202 of the Na- cluding diplomatic and economic ef- of Defense, despite the fact that he had tional Security Act, which provided forts. been retired for only 5 years. Former that the Secretary of Defense needed to Between 2007 and 2010, while serving Secretaries of Defense Donald H. have at least a 10-year gap, later re- as commander of the now disestab- Rumsfeld, Robert M. Gates, and Leon duced to 7, from any military service. lished U.S. Joint Forces Command, E. Panetta have expressed bipartisan Since that time, 16 of the past 24 De- Mattis gained experience in broad DOD support for Gen. Mattis. I am willing to fense Secretaries have had some prior policy and management at an organiza- vote for the waiver, as long as one military service. If approved, however, tion focused on the transformation of nomination does not turn into a trend. Gen. Mattis would only be the second U.S. military capabilities. There are particular times and cir- Defense Secretary to receive a congres- In 2010, I supported Gen. Mattis’s cumstances in which granting the sional waiver of the law—the other nomination to serve as commander of waiver may be appropriate, but the being General George Marshall in 1950. U.S. Central Command, where he bedrock principle of civilian control of In order to examine this important oversaw the wars in Iraq and Afghani- our military must not be eroded. history and review the wisdom of stan and was responsible for an area Mr. VAN HOLLEN. Mr. President, I granting a waiver for Gen. Mattis, the which includes Syria, Iran, and Yemen. oppose changing the law to allow a re- Senate Armed Services Committee His experience at CENTCOM is a tre- cently retired general to serve as Sec- held a hearing exploring the issue of ci- mendous asset in developing a coherent retary of Defense. While I admire Gen, vilian control of the Armed Forces. strategy to address the threats posed Mattis and I am grateful for his dec- After carefully reviewing the testi- by state actors and terrorist networks ades of service to our Nation, I believe mony from those hearings, I do support in the region and elsewhere around the that, except in a national emergency, making an additional, one-time excep- world. we should abide by the longstanding tion to the law in the specific case of In 2015, he testified before the Senate principle of civilian control of the mili- James Mattis. Armed Services Committee on the tary enshrined in the National Secu- In 1950, the world was a tumultuous United States’ global challenges and rity Act. place, with a hot war in Korea coupled offered insight to the committee on Civilian control of the military is a with the extraordinary risks associated crafting a coherent, bipartisan na- fundamental tenet of our American de- with a growing cold war in the nuclear tional security strategy with an eye to- mocracy. It was in Annapolis, MD that age. President Truman turned to Gen- wards international diplomacy and al- General George Washington resigned eral Marshall to serve as Secretary of liances, defense budgeting, and mili- his military commission in 1783, after Defense because his noted character tary force size and capabilities. leading the Continental Army to se- and competence, combined with his ex- Last year, he coedited a book on cure America’s independence. Wash- perience and ability, made him an ideal civil-military relations that explored ington believed that our new Nation fit for the unique challenges presented the growing cultural gap between civil- could survive only with civilian leader- at that time. ian society and the military, as well as ship. Five years later, Washington re- Today the world is again a tumul- the impact this lack of understanding turned to serve the Nation, as a civil- tuous place. The combination of the may have on the civilian-military rela- ian, as our first President. George threat from terrorist organizations tionship. Washington’s example has been em- like ISIS and al Qaeda, as well as the Finally,I would note that Gen. bodied in the statutory requirements of threats emanating from countries such Mattis has the support of three very the National Security Act.

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.001 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S303 George C. Marshall, nominated by Care Act. We have pledged to our con- in addressing the draconian insurance President Truman in 1950, was the only stituents that, given the opportunity, regulations that were imposed under Secretary of Defense for whom Con- we would repeal ObamaCare and re- ObamaCare, as well as the other parts gress enacted an exception. In enacting place it with reforms more worthy of of the law that are within that com- the exception for General Marshall, the American people. Those promises mittee’s jurisdiction. Congress expressly emphasized that: are among the biggest reasons why we In other words, the work to replace ‘‘the authority granted by this Act is Republicans are now fortunate enough ObamaCare is ongoing, and we hope to not to be construed as approval by the to find ourselves in control of Congress have some initial elements ready to in- Congress of continuing appointments and, very soon, the White House. clude in the budget reconciliation of military men to the office of Sec- Last night we took a big step in the package. That work will continue once retary of Defense in the future. It is effort to repeal and replace the repeal has been passed and signed hereby expressed as the sense of the ObamaCare. With the budget resolution into law so that we can help ensure Congress that after General Marshall passed, many in Washington and in the that affordable health care options leaves the office of secretary of de- media are talking about what happens exist for Americans. We do not need to fense, no additional appointments of next. We are hearing a lot of discussion wait until every single replacement military men to that office shall be ap- about the timing of our repeal-and-re- measure is drafted and agreed upon be- proved.’’ place efforts, with some arguing that fore moving forward. Instead, we need Congress should not cavalierly dis- we should hit the brakes and solve the incoming administration to add to regard the principle of civilian leader- every problem in advance of taking an- our current efforts and work with us to ship of our military. I have no doubt other vote. My view is that the repeal produce a full replacement plan and that President-Elect Trump was of ObamaCare cannot wait. The Amer- then to execute it. I look forward to briefed on the National Security Act’s ican people need us to act now. While continuing to work with President- Elect Trump and his team. requirement, but chose to proceed not- there is still some debate as to what The path forward on replacing our replacement plan should look like, withstanding the law and our Nation’s ObamaCare could end up taking many a majority of Senators voted last night tradition. President-Elect Trump’s forms. We could draft and pass a series to give us the tools to take the next lack of regard for this law and the prin- of limited reforms to replace steps to repeal and replace ObamaCare. ciple of civilian control of the military ObamaCare piece by piece or we could The American people have entrusted us should be a matter of concern. pull together a full and comprehensive Our Founders’ emphasis on civilian with the power to do just that. replacement package that puts all the We could spend the next several leadership distinguished the young necessary changes into law at once. I months coming up with more slogans United States from the other nations think there are merits and potential and analogies, but this is not a cam- of the time. It remains an important pitfalls with either approach. That is paign. The elections have been won, bulwark of our democracy today. something we need to consider as we and it is time to do what our constitu- My vote today is not against Gen. move forward, but it is not a decision ents have sent us here to do. I am not Mattis. It is a vote to uphold an impor- that needs to be made before we can saying we need to put off the replace- tant principle of our American democ- keep the promises we all made to our racy. Should Congress vote to waive ment effort. On the contrary, I think it constituents to repeal ObamaCare. this law at this moment in time, I will is important that the legislation we To be sure, replacing ObamaCare is review the nomination of Gen. Mattis draft pursuant to the budget reconcili- going to be a difficult process; however, on its individual merits. ation instructions include as many sen- with a new and more cooperative ad- Mrs. GILLIBRAND. I suggest the ab- sible health reforms as possible, keep- ministration in place, I have every con- sence of a quorum. ing in mind the limitations that exist fidence we can accomplish these impor- The PRESIDING OFFICER (Mr. with our rules and the necessary vote tant objectives without imposing arti- PERDUE.) The clerk will call the roll. count. ficial deadlines or goalposts or putting The bill clerk proceeded to call the We should definitely work on making the repeal process on hold. All of this is roll. the largest possible downpayment on possible so long as we remain com- Mr. HATCH. Mr. President, I ask the ObamaCare replacement with the mitted to the principles that have unanimous consent that the order for budget reconciliation bill. That down- guided most of our efforts thus far. For the quorum call be rescinded. payment should include measures that example, in my view, the new reforms The PRESIDING OFFICER (Mr. give individuals and families more con- need to be patient-centered, not gov- SASSE). Without objection, it is so or- trol over their health care decisions ernment-driven. They need to recog- dered. and empower States to do more of the nize the reality of the marketplace and OBAMACARE REPEAL heavy lifting when it comes to regu- the benefits of competition. Perhaps Mr. HATCH. Mr. President, several lating health care. In addition, we need most importantly, any suitable re- years ago, Democrats in Congress to provide for a smooth transition pe- forms need to put the States back in pulled out all the stops to pass the so- riod so we can maintain some stability charge of regulating and overseeing called Affordable Care Act and force in the health insurance markets and health care policy. If the ObamaCare the system we now call ObamaCare on ensure that we are not leaving Ameri- experience has taught us anything, it the American people. They passed the cans who have insurance under the cur- is that when the Federal Government law on a purely partisan basis and rent system out in the cold. gets a hold of something that is as con- without any regard for public opinion. As chairman of one of the primary sequential as health care, it will over- Quite simply, it was one of the most committees with jurisdiction over promise results, overstep its authority, blatant exercises in pure partisanship these matters, I have been working and overregulate the subject matter. in our Nation’s history. It deepened closely with my House counterparts— As I have said a number of times, partisan divides in Washington and Chairman KEVIN BRADY of the House Utah is not California or Massachu- around the country and contributed to Ways and Means Committee and Chair- setts, and California and Massachu- the cynicism many have about whether man GREG WALDEN of the House En- setts are not Utah. All of our States their government is actually paying at- ergy and Commerce Committee—to de- face different challenges and have dif- tention to their needs. Worst of all, in velop proposals on the matters that ferent needs. There is no reason to the years since the passage of fall within our purviews. We have been begin with the premise that any single ObamaCare, the American people have talking with stakeholders throughout approach to health care policy is what been paying the price in the form of the country and working through the is best for the entire country. That is skyrocketing costs, fewer choices, bur- various problems that exist. That work why I, along with several of my col- densome mandates, and unfair taxes. will continue unabated as we work on leagues, have been engaging with For 7 years, many of us in Congress— the immediate repeal effort and into stakeholders at the State level for virtually all of us on the Republican the future. I am quite certain that my quite some time as we work to craft re- side—have been working to right what friend who chairs the Senate HELP forms and to put them in place. For ex- has gone wrong under the Affordable Committee has been similarly engaged ample, next week the Senate Finance

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.003 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S304 CONGRESSIONAL RECORD — SENATE January 12, 2017 Committee is hosting a roundtable dis- control of the Armed Forces has only retired senior military officers who cussion on Medicaid with some of the been waived one other time. Therefore, have been selected for high-ranking na- most prominent Governors in the coun- I believe it is extremely important that tional security positions in the Trump try. I am pleased that Energy and Com- we carefully consider the consequences Administration. Throughout our Na- merce chairman GREG WALDEN will of setting aside the law and the impli- tion’s history, retired general officers join us for the discussion as well. This cations such a decision may have on have often held positions at the highest meeting and others like it will give the future of civilian and military rela- levels of government as civilians. In States the opportunity to detail the tions. fact, a few have even been elected challenges they face and how we can Civilian control of the military is en- President. empower them to meet those chal- shrined in our Constitution and dates What concerns me, however, is the lenges instead of dictating solutions back to George Washington and the total number of retired senior military from offices here in Washington, DC. Revolutionary War. This principle has officers chosen by the President-elect I believe all of my colleagues want to distinguished our Nation from many to lead organizations critical to our na- be judicious and methodical with this other countries around the world, and tional security and the cumulative af- undertaking. No one wants to act reck- it has helped ensure that our democ- fect it may have on our overall na- lessly and do even more damage to our racy remains in the hands of the peo- tional security policy. Specifically, Nation’s health care system. Discus- ple. there may be unintended consequences sions and debates over the substance of The National Security Act of 1947, having so many senior leaders with our ObamaCare replacement should which established the Department of similar military backgrounds crafting continue. As I said, they have been Defense, included a provision prohib- policy and making decisions as weighty going on for some time now, and they iting any individual ‘‘within ten years’’ as those facing the next administra- are not going to stop. But after last of ‘‘active duty as a commissioned offi- tion. In the course of our review of General night, we have the tools we need to cer in a regular component of the Mattis’ nomination, the reason most take the first major step in this effort armed services’’ from being appointed often cited in support of a waiver al- by repealing ObamaCare. In my view, as the Secretary of Defense. However, lowing him to serve is that a retired we need to take that step now. in 1950, President Harry Truman nomi- four-star general known for his war- Republicans are united in our desire nated former Secretary of State and fighting skills and strategic judgment to repeal ObamaCare. We have the sup- former Chief of Staff of the United to lead the Department of Defense will port of the American people to do just States Army General George Marshall counterbalance the President-elect’s that, and I personally will do all I can to serve as the Secretary of Defense, lack of defense and foreign policy expe- to deliver on that promise. I hope our thus causing Congress to pass an excep- rience. As Tom Ricks wrote recently in friends on the other side will work with tion to the statute. The New York Times: ‘‘Usually I’d op- us. If they will, I think we can come up While Congress ultimately waived pose having a general as Secretary of with an approach toward health care the restriction for General Marshall, Defense, because it could undermine that not only will work but will be bet- the law included a nonbinding section our tradition of civilian control of the ter for our country but most impor- that stated: ‘‘It is hereby expressed as military. But these are not normal tantly, better for our citizens, better the intent of the Congress that the au- times.’’ thority granted by this Act is not to be for the States that will manage a lot Likewise, Dr. Eliot Cohen testified construed as approval by the Congress better than we will here, and better for before the Senate Armed Services Com- our citizens within those States. of the continuing appointments of mittee earlier this week, and he argued Mr. President, I yield the floor. military men to the office of Secretary that if it weren’t for his deep concern The PRESIDING OFFICER (Mr. of Defense in the future. It is hereby about the Trump Administration, he PERDUE). The Senator from Rhode Is- expressed as the sense of the Congress would oppose the waiver for General land. that after General Marshall leaves the Mattis. Specifically, he stated: ‘‘There Mr. REED. Mr. President, I rise office of the Secretary of Defense, no is no question in my mind that a Sec- today to discuss S. 84, a bill that would additional appointments of military retary Mattis would be a stabilizing provide a one-time exception from the men to that office shall be approved.’’ and moderating force . . . and over longstanding law that requires a mem- Nearly 70 years later, Congress again time, helping to steer American for- ber of the military to be retired from must make a determination if an ex- eign and security policy in a sound and the armed services for at least 7 years ception should be made in the case of sensible direction.’’ before being appointed as Secretary of General Mattis. Let me remind my col- If Congress provides an exception for Defense. We are considering this legis- leagues why making this change is so General Mattis, we must be mindful of lation today because the President- significant. During our committee the precedent that action sets for such elect’s nominee for Secretary of De- hearings, Dr. Kathleen Hicks astutely waivers in the future. The restriction fense, General James Mattis, has only noted: ‘‘The Defense Secretary position was enacted into law for good reason, been retired from the U.S. Marine is unique in our system. Other than the and General George Marshall is the Corps for 3 years. President acting as commander in only retired military officer to receive In considering the unique situation chief, the Secretary of Defense is the this exception. presented by this nomination, this only civilian official in the operational Based on General Mattis’ testimony week the Armed Services Committee chain of command to the Armed this morning, as well as his decades of held two hearings. The first hearing, on Forces. Unlike the President, however, distinguished service in the U.S. Ma- Tuesday, had a panel of two excellent he or she is not an elected official.’’ rine Corps, and weighing all of the outside witnesses who discussed the As I stated during the committee’s other factors, I will support a waiver history of the retirement restriction consideration of the waiver legislation, for him to serve as Secretary of De- law and the benefits and challenges of we must be very cautious about any ac- fense. General Mattis testified to the legislating an exception to that law. tions, including this legislation, that fact that the role of Congress does not Then, this morning, the committee may inadvertently politicize our end with the passage of this legisla- held a nomination hearing with Gen- Armed Forces. During this past Presi- tion. As Dr. Hicks stated, ‘‘The United eral Mattis and examined his views on dential election cycle, both Democrats States Congress, the nation’s statutes a wide range of defense challenges fac- and Republicans came dangerously and courts, the professionalism of our ing our country and the Defense De- close to compromising the nonpartisan Armed Forces, and the will of the peo- partment. nature of our military with the nomi- ple are critical safeguards against any General Mattis has a long and distin- nating convention speeches from re- perceived attempts to fundamentally guished military career, and he is rec- cently retired general officers advo- alter the quality of civilian control of ognized by his peers as a thoughtful cating for a candidate for President. the military in this country.’’ and strategic thinker. However, since I am also concerned about providing Any of us who support this bill have its passage in 1947, the statutory re- a waiver for General Mattis in light of a profound duty to ensure that the De- quirement designed to protect civilian the fact that he will join other recently partment of Defense and its leaders,

VerDate Sep 11 2014 01:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.010 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S305 both civilian and military, are fol- Mr. President, could I ask the par- The PRESIDING OFFICER. Is there lowing and protecting the principles liamentary situation as it is right now. objection? upon which this country is founded. The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. Let me be very clear. I will not sup- ate is considering S. 84 with 10 hours Mr. REED. Mr. President, I yield the port a waiver for any future nominees equally divided. floor. under the incoming administration or Mr. MCCAIN. Mr. President, has a The PRESIDING OFFICER. The Sen- future administrations. I view this as a time been set for the vote? ator from Oregon. generational exception, as our bipar- The PRESIDING OFFICER. There is Mr. MERKLEY. Mr. President, we tisan witnesses recommended. I would not yet an order for the vote. have a longstanding tradition in our ask that my colleagues on both sides of Mr. REED. Mr. President, I believe I country of civilian control of govern- the aisle make this same commitment. have the floor. ment and civilian control of the mili- Indeed, I intend to propose reestab- Mr. MCCAIN. I yield to my friend tary. This was first symbolized by lishing the original 10-year ban which from Rhode Island. George Washington through his act of was in place when the Defense Depart- Mr. REED. Mr. President, I believe resigning as Commander in Chief for ment was established. Restoring the the chairman does concur with me re- all of the Continental Army on Decem- threshold for service to 10 years would garding the fact that this is a rare and ber 23, 1783. It is a tradition, or a mo- send a strong signal that this principle generational exception; I think that is ment in time, that is preserved on the of civilian control of the military is es- fair to say. walls of the Rotunda where a mural de- sential to our Democratic system of Mr. MCCAIN. Mr. President, is it ac- picts Washington’s noble and selfless government. curate to say that 2:45 p.m. is a time act. At this point I would ask if the chair- that is being seriously considered? Our early days were full of the warn- man of the committee might engage in Mr. REED. We hope so, and I think, if ings of a standing Army and of ongoing a colloquy. I do that first by thanking we recognize Senator MERKLEY for his military control at high levels, and him for the extraordinarily fair, comments, and then I think the chair- those ideas came from Thomas Jeffer- thoughtful, and careful way he has man of the committee has comments, son and from Alexander Hamilton and guided this nomination through the we would be on that schedule. from Samuel Adams. When we came to the point in our history where we real- committee and here to the floor. Mr. MCCAIN. Mr. President, I ask I wish to thank the Senator from Ar- unanimous consent that I be allowed 5 ized that a continuing military force izona for the thoughtful and thorough minutes prior to the vote, if the time was necessary, we preserved the impor- process we have had in considering the of the vote is set, and the Senator from tance of civilian control. We did so for a host of important rea- nomination of General Mattis. I think Rhode Island be given 5 minutes prior sons, which others have pointed out on one of the high points was a hearing on to that, in the case of the time of the this floor but I think are worth restat- civilian military relations with Eliot vote being set. ing. It is important to have a Secretary Cohen and Kathleen Hicks. Both wit- The PRESIDING OFFICER. Is there of Defense who brings a broad world nesses emphasized that while they sup- objection? view that includes a civilian perspec- ported this waiver, it should be a rare, Without objection, it is so ordered. tive to the position. generational exception to ensure the Mr. MCCAIN. Mr. President, I yield integrity of civilian control of our Second, it is important not to politi- the floor. cize our officer ranks and have them military, which is the bedrock of our Mr. REED. Mr. President, I believe I democracy. essentially competing to position still retain the floor. themselves to hold this position of Sec- I agree wholeheartedly with that as- Let me make the point that I appre- retary of Defense. sessment, and I would ask the chair- ciate very much the Senator from Ari- man if he also agrees with that assess- Third, we do not want the services zona allowing me 5 minutes, but I will competing against each other in order ment. yield that 5 minutes so that at the end, Mr. MCCAIN. Mr. President, I would to hold this position. This is why the the Senator from Arizona would have 5 say that I also agree. I want to thank Joint Chiefs of Staff position is rotated minutes, and then I would suggest we the Senator from Rhode Island for his on a specific schedule. And if we have a recognize Senator MERKLEY so that we leadership, and I want to thank him for Secretary of Defense come from one can conduct the vote at 2:45 p.m. setting the tenor and the environment military service, then another branch Mr. MCCAIN. Mr. President, I would that surrounds the Armed Services of service is going to say: Next time it like to modify my unanimous consent Committee, which resulted in the 24-to- should be our turn. The Marine Corps request that I be allowed 5 minutes 3 vote today in the Armed Services today, the Air Force tomorrow, the prior to the vote. Committee. Because of the relationship Army after that, and then the Navy. that we have, but also because of his ORDER OF PROCEDURE That is not the position we want to end leadership, we have a very bipartisan Before I do that, however, I ask up in. committee, which is vital to maintain, unanimous consent that the time until We also know that across the world, considering the awesome responsibil- 2:45 p.m. be equally divided between countries wrestle with preserving civil- ities we hold. the managers or their designees, and ian control; that is, preserving demo- The Senator from Rhode Island has that following the use or yielding back cratic republics in the face of the displayed time after time a willingness of that time, the bill be read a third power of military machinery in their to work together for the good of the time, and the Senate vote on passage of country, military organizations, and country. I think this is the latest ex- S. 84; further, that following the dis- we see military coups and we see mas- ample, even though he had significant position of S. 84, the Senate recess sub- sive military influence. reservations—which are valid—con- ject to the call of the Chair for the all- It has been the desire of our country cerning the short period of transition Members briefing. to model a republic that is of the peo- from wearing the uniform to holding So I would ask the Senator from Or- ple, by the people, and for the people, down the highest civilian position as egon how much time he needs. not a nation that becomes controlled far as defense of the Nation is con- Mr. MERKLEY. Less than 10 min- by a massive concentration of power in cerned. I know he didn’t reach this con- utes. the military. Now my colleagues— clusion without a lot of thought, a lot Mr. MCCAIN. Mr. President, I am many of whom are very learned in the of study, a lot of—as he has displayed— asking for a ruling on the unanimous history of our country—have arisen to references to history; reasons for the consent request I just made. say that there is a set of special cir- origination of this legislation, which The PRESIDING OFFICER. Is there cumstances, a unique set of cir- requires 7 years before an individual is objection? cumstances, that merit an exception, eligible to be Secretary of Defense Without objection, it is so ordered. and they note that there was an excep- after leaving the military. Mr. MCCAIN. Mr. President, I add to tion once before in our history. That So I just wanted to thank the Sen- that unanimous consent request that I exception was the appointment of ator from Rhode Island, and I look for- be given the final 5 minutes before the George C. Marshall to become Sec- ward to an overwhelming vote. vote. retary of Defense in the time following

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.012 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S306 CONGRESSIONAL RECORD — SENATE January 12, 2017 World War II. But think about how nation that, in the collective judgment on both sides of the aisle, and so many many circumstances we face in the of this body, did not meet that stand- who are serving in our Armed Forces. world that can be put forward to be an ard. General Mattis is an exceptional public exceptional time. It was exceptional So let’s sustain the principle of civil- servant worthy of the exceptional con- when terrorists used planes to attack ian control and reject this change. sideration. That is why, directly fol- the Twin Towers in New York City and The PRESIDING OFFICER. The Sen- lowing the conclusion of today’s hear- our Pentagon, and had not one plane ator from Arizona. ing, the Senate Armed Services Com- gone down, the additional target may Mr. MCCAIN. Mr. President, in re- mittee reported this legislation to the have been the Capitol or the White sponse to the Senator from Oregon who Senate with an overwhelming bipar- House. That was an exceptional mo- asked if there were not any people who tisan vote of 24 to 3—I repeat: with an ment. It is an exceptional moment were qualified to serve as Secretary of overwhelming vote of 24 to 3. when we are fighting Al Qaeda. It is an Defense, I am absolutely certain there I am not saying that members of the exceptional moment when we are fight- are. Is there anyone as qualified as Armed Services Committee are smart- ing ISIS. It is an exceptional moment General Mattis? My answer to the Sen- er than the Senator from Oregon, but I when Russia invades Ukraine and takes ator from Oregon is no. I have watched am saying that members of the Armed over Crimea. There is an exceptional General Mattis for years. I have seen Services Committee have scrutinized— moment almost continuously in the the way that enlisted and officers react both sides of the aisle, Republican and face of a complex and changing world. to his leadership. I have seen the schol- Democrat, including the ranking mem- So I stand on the side of maintaining arly approach he has taken to war and ber—have looked at General Mattis. the principle of civilian control. Each to conflict. Many of us have known him for years time we violate this principle, it is I hope the Senator from Oregon will and years, as he has shown the out- easier next time to say: It has been have at some point a chance to get to standing characteristics of leadership done before. But the conversation will know him, and he will then appreciate that he has had the opportunity to dis- not be ‘‘We did it once half a century the unique qualities of leadership that play in his service to the country, and ago, and so we should do it again,’’ it are much needed in these times where he was voted out by an overwhelming will be ‘‘We did it twice, once quite re- the outgoing President of the United vote of 24 to 3. So obviously there are cently when we weren’t facing a world States has left the world in a state of 24 people on the Armed Services Com- crisis. Nobody had invaded the United chaos because of an absolute failure of mittee who believe in General Mattis States. We had not just lost a couple leadership, which is disgraceful. We and believe that this exception should hundred thousand folks fighting for our now see an outgoing President of the be made, as opposed to 3 who share the country in a world war.’’ So the con- United States who in 2009 inherited a view of the Senator from Oregon. versation will get easier and more frag- world that was not being torn apart in Mr. MERKLEY. I ask my colleague ile, and that is not the direction we the Middle East. The Chinese were not from Arizona if he will yield for a ques- should go. acting assertively in the South China tion. Mr. MCCAIN. That is why, directly It was Eisenhower who warned about Sea. The Russians had not dis- following the conclusion of today’s the overreach of a military enter- membered Ukraine and taken Crimea, hearing, the Senate Armed Services prise—the ‘‘military industrial com- in gross violation of international law. Committee reported this legislation to plex,’’ as he referred to it. But one All of those things have come about be- the Senate with a vote of 24 to 3. I urge piece of our structure of government cause of his presidency. that has held back is to maintain that this body to follow suit. So now he comes to the floor and ob- That said, it is important for future principle of civilian control. Can any- jects to one of the most highly quali- Senators to understand the context of one in this room rise up and say that fied individuals and leaders in military our action here today. Civilian control out of the thousands of experienced in- history. I say to the Senator from Or- of the Armed Forces has been a bed- dividuals who have both national secu- egon: You are wrong. rock principle of American Govern- rity experience and civilian experience, I believe the overwhelming majority ment since our Revolution. A painting there isn’t one who currently meets ei- of this body will repudiate and cancel hanging in the Capitol Rotunda not far ther the 10- or 7-year standard of sepa- out his uninformed remarks. from this floor celebrates the legacy of ration? I am sure there are hundreds Mr. President, in a few minutes we George Washington, who voluntarily who could meet that standard. will vote on a historic piece of legisla- resigned his commission as commander So here we are. If we could send a tion. For just the second time in seven of the Continental Army to the Con- message to the President-elect: We re- decades, the legislation before us would gress. This principle is enshrined in our ject your effort to eviscerate civilian provide an exception to the law pre- Constitution, which divides control of control. Send us someone who is quali- venting any person from serving as the Armed Forces among the President fied. And if we feel that person is so far Secretary of Defense within 7 years of as Commander in Chief and the Con- out of the reach of reason—which is Active-Duty service as a regular com- gress as coequal branches of govern- what I have been hearing from my col- missioned officer of the Armed Forces. ment. leagues in private conversation, terri- This legislation would allow Gen. Since then, Congress has adopted fied that this President-elect will James Mattis—the President-elect’s se- various provisions separating military nominate somebody who basically is lection for Secretary of Defense, who and civilian positions. In the 19th cen- unhinged, that we have to seize on this retired from the Marine Corps 3 years tury, for example, Congress prohibited moment to take this individual be- ago—to serve in that office. an Army officer from accepting a civil cause this body won’t have the courage Earlier today, the Senate Armed office, more recently, in the National to turn down and reject an unhinged Services Committee received testi- Security Act of 1947, and subsequent individual nominated by this Presi- mony from General Mattis. Once again, revisions, Congress’s 7-year ‘‘cooling dent-elect. That is a sad commentary he demonstrated exceptional command off’’ period for any person to serve as on the leadership of this body. It is a of the issues confronting the United Secretary of Defense. It was only 3 sad commentary on what has become States, the Department of Defense, and years later, in 1950, that Congress of the U.S. Senate that we wouldn’t our military servicemembers, but he granted GEN George Marshall an ex- have the courage under our advice and also showed something else—that his emption to that law and the Senate consent power to turn down someone understanding of civil-military rela- confirmed him to be Secretary of De- we saw as unfit. That is, in fact, how tions is deep and that his commitment fense. we are charged under this Constitu- to civilian control of the Armed Forces Indeed, the separation between civil- tion, under the advice and consent is ironclad. ian and military positions has not al- clause. It was Hamilton who laid out General Mattis’s character, judg- ways been so clear. Twelve of our Na- that it is our responsibility to deter- ment, and commitment to defending tion’s Presidents previously served as mine whether an individual is of fit our Nation and its Constitution have generals in the Armed Forces, and over character or unfit character, and we earned him the trust of our next Com- the years, numerous high-ranking ci- would retain that power for any nomi- mander in Chief, Members of Congress vilian officials in the Department of

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The following Senators enough—for civilian leaders: to seek on passage of H.R. 72 with no inter- are necessarily absent: the Senator the best professional military advice vening action or debate; finally, that if from Tennessee (Mr. ALEXANDER) and while under no obligation to follow it; passed, the motion to reconsider be the Senator from Kansas (Mr. MORAN). for military leaders: to provide candid considered made and laid upon the Further, if present and voting, the counsel while recognizing civilians table with no intervening action or de- Senator from Tennessee (Mr. ALEX- have the final say or, as General Mattis bate. ANDER) would have voted ‘‘yea.’’ once observed, to insist on being heard The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. CAS- and never insist on being obeyed. But objection? SIDY). Are there any other Senators in the fact is that the relationship be- Mr. MERKLEY. Mr. President, re- the Chamber desiring to vote? tween civilian and military leaders is serving the right to object. The result was announced—yeas 81, inherently and endlessly complex. It is The PRESIDING OFFICER. The Sen- nays 17, as follows: a relationship of unequals who none- ator from Oregon. [Rollcall Vote No. 27 Leg.] theless share responsibility for the de- Mr. MERKLEY. Mr. President, I YEAS—81 fense of the Nation. The stakes could agreed—— Barrasso Flake Nelson not be higher. The gaps in mutual un- Mr. MCCAIN addressed the Chair. Bennet Franken Paul derstanding are sometimes wide. Per- The PRESIDING OFFICER. The Sen- Blunt Gardner Perdue ator from Arizona. Boozman Graham Peters sonalities often clash. And the unique Brown Grassley Portman Mr. MCCAIN. Has time expired ac- features of the profession of arms and Burr Harris Reed the peculiarities of service cultures cording to the previous UC? Cantwell Hassan Risch Mr. MERKLEY. Mr. President, I be- Capito Hatch Roberts often prove daunting for civilians who Cardin Heinrich Rounds lieve I have the floor. Carper Heitkamp have never served in uniform. Rubio Ultimately, the key to healthy civil- Mr. MCCONNELL. Mr. President, I Casey Heller believe I have the floor. Cassidy Hirono Sasse military relations and civilian control Schatz The PRESIDING OFFICER. The ma- Cochran Hoeven of the military is the oath that soldiers Collins Inhofe Schumer and statesmen share in common ‘‘to jority leader has the floor. Coons Isakson Scott protect and defend the Constitution.’’ Mr. MCCONNELL. Just to let every- Corker Johnson Sessions Shaheen It is about the trust they have in one body know, all I am doing is setting up Cornyn Kaine a vote for Tuesday afternoon at 4:15. Cortez Kennedy Shelby another to perform their respective du- Masto Stabenow That is what I was asking consent on. King ties in accordance with our republican Cotton Klobuchar Sullivan The PRESIDING OFFICER. Is there system of government. It is about the Crapo Lankford Thune objection? Cruz Lee Tillis candid exchange of views engendered Mr. MERKLEY. I reserve the right to Daines Manchin Toomey by that trust and which is vital to ef- Donnelly McCain Warner object. Enzi McCaskill fective decisionmaking. And it is about The PRESIDING OFFICER. Is there Whitehouse Ernst McConnell Wicker mutual respect and understanding. The Feinstein objection? Menendez Young proper balance of civil-military rela- Mr. MERKLEY. I reserve the right to Fischer Murkowski tions is difficult to achieve, and, as his- object. NAYS—17 tory has taught us, achieving that bal- Mr. President, I was very gracious in Baldwin Leahy Tester ance requires different leaders at dif- agreeing to a unanimous consent re- Blumenthal Markey Udall ferent times. quest that would grant me 10 minutes. Booker Merkley Van Hollen Duckworth Murphy I believe that in the dangerous times That was cut short by the filibuster of Warren in which we live, General Mattis is the Durbin Murray Wyden my colleague, who repeatedly brought Gillibrand Sanders leader our Nation needs as Secretary of me into the conversation and refused NOT VOTING—2 Defense. That is why, although I be- to yield for my question. So I ask Alexander Moran lieve we must maintain safeguards of unanimous to have 2 minutes to close. civilian leadership at the Department Mr. MCCAIN. I object. The bill (S. 84) was passed, as follows: of Defense, I will support this legisla- The PRESIDING OFFICER. Objec- S. 84 tion today and General Mattis’ nomi- tion is heard. Be it enacted by the Senate and House of Rep- nation to serve this Nation again as Is there objection to the majority resentatives of the United States of America in Secretary of Defense. leader’s request? Congress assembled, I want to assure my friend from Mr. MERKLEY. I object. SECTION 1. EXCEPTION TO LIMITATION AGAINST Rhode Island, the ranking member of The PRESIDING OFFICER. Objec- APPOINTMENT OF PERSONS AS SEC- RETARY OF DEFENSE WITHIN SEVEN the Armed Services Committee, who tion is heard. YEARS OF RELIEF FROM ACTIVE has very serious concerns—I want to The majority leader. DUTY AS REGULAR COMMISSIONED assure him that this is a one-time deal. REQUEST FOR COMMITTEES TO MEET OFFICERS OF THE ARMED FORCES. (a) IN GENERAL.—Notwithstanding the sec- I know the Senator from Rhode Island Mr. MCCONNELL. Mr. President, I ond sentence of section 113(a) of title 10, had deep concerns about this whole have four requests for committees to process we have been through. Yet I United States Code, the first person ap- meet during today’s session of the Sen- pointed, by and with the advice and consent think he has put the interests of the ate. They have the approval of the ma- of the Senate, as Secretary of Defense after Nation and placed his confidence in jority and minority leaders. the date of the enactment of this Act may be General Mattis as being so exceptional Mr. MERKLEY. I object. a person who is, on the date of appointment, that the law that was passed back in The PRESIDING OFFICER. Duly within seven years after relief, but not with- 1947—there can be made one single ex- noted. in three years after relief, from active duty ception to it. The bill was ordered to be engrossed as a commissioned officer of a regular com- The PRESIDING OFFICER. The ma- for a third reading and was read the ponent of the Armed Forces. (b) LIMITED EXCEPTION.—This section ap- jority’s time has expired. third time. The majority leader. plies only to the first person appointed as The PRESIDING OFFICER. The bill Secretary of Defense as described in sub- UNANIMOUS CONSENT REQUEST—H.R. 72 having been read the third time, the section (a) after the date of the enactment of Mr. MCCONNELL. Mr. President, I question is, Shall it pass? this Act, and to no other person. ask unanimous consent that at 4:15 Mr. MCCONNELL. I ask for the yeas f p.m. on Tuesday, January 17, the Com- and nays. mittee on Homeland Security and Gov- The PRESIDING OFFICER. Is there a RECESS SUBJECT TO THE CALL OF ernmental Affairs be discharged and sufficient second? THE CHAIR the Senate proceed to the consider- There appears to be a sufficient sec- The PRESIDING OFFICER. Under ation of H.R. 72; further, that there be ond. the previous order, the Senate stands

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The Sen- ficking reports it receives from the to turn over the subpoenaed documents ator from Ohio. general public through its cyber tip to the subcommittee. Backpage ap- f line are linked to one Web site—a sin- pealed that and asked for a delay in gle Web site. That Web site is called that order. They took it all the way up INVESTIGATION ON INTERNET SEX Backpage.com. to the Supreme Court of the United TRAFFICKERS According to a leading anti-traf- States. But their request was rejected. Mr. PORTMAN. Mr. President, I rise ficking organization called Shared Since then, the subcommittee has been today during Human Trafficking Hope International, ‘‘[s]ervice pro- able to review the documents that have Awareness Week to talk about the viders working with child sex traf- been submitted—over 1 million docu- scourge of human trafficking, and, spe- ficking victims have reported that be- ments—including emails and other in- cifically, about an investigation that tween 80 and 100 percent of their cli- ternal documents. the Senate has just concluded that ents have been bought and sold on What we found was very troubling, to matters to every single State rep- Backpage.com.’’ Eighty to 100 percent say the least. After reviewing the docu- resented in this Chamber and to every of their clients have been bought and ments, the subcommittee published a American. sold on Backpage.com. staff report on Monday of this week We are told now that human traf- Again, that is consistent with every- that conclusively shows that Backpage ficking, including sex trafficking, is a thing I have heard when I have been has been more deeply complicit in on- $150 billion a year industry. That back home and spoken to and met with line underage sex trafficking than any- makes it the second largest criminal sex trafficking survivors. Backpage one imagined. We reached three prin- enterprise in the world, behind the now operates in 97 countries, 934 cities ciple findings: first, that Backpage has drug trade. Unfortunately, it is hap- worldwide. It is valued at well over half knowingly covered up evidence of pening in all of our States, including a billion dollars. According to an in- criminal activity by systematically ed- my home State of Ohio. It is growing dustry analysis, in 2013, 8 out of every iting its so-called adult ads; second, as a problem. 10 dollars spent on online commercial that Backpage knows that it facilitates A couple of weeks ago, two people sex trafficking in the United States prostitution and even child sex traf- were arrested in my home town of Cin- went to this one Web site, Backpage. ficking; and third, that despite the re- cinnati in connection with sex traf- Others, by the way, have chosen not ported sale of Backpage to an undis- ficking. Police charged a women with to engage in this. There have been a closed foreign company in 2014, taking luring an underage girl to commit a number of cases around the country, them outside of the United States, the sex act with a 56-year-old man. including in Ohio, where Backpage.com true owners of the company are the That was just 2 weeks after police in was used by traffickers to sell underage founders—James Larkin, Michael Blue Ash, OH, just up the road, broke girls for sex. Lacey, and Carl Ferrer, their chief ex- up what they said was a sex trafficking Last spring, in my own State of Ohio, ecutive officer. ring at a hotel. Police said that two a man, who by the way has nine chil- First, on the editing of ads, our re- men and two women rented two rooms dren of his own, was sentenced to 12 port shows that Backpage has know- at a hotel, paying cash, and forced four years in Federal prison for trafficking ingly covered up evidence of crimes by different women to perform sex acts. four underage girls who had run away systematically deleting words and im- The women were given crack cocaine from home in Akron and Canton, OH. ages suggestive of illegal conduct, in- and heroin, presumably to keep them He kept them locked in a hotel, sup- cluding of child sex trafficking. That dependent on their traffickers. plied them with drugs like marijuana, editing process sanitized the content of This is what I am hearing back home heroin, and ecstasy, and sold them for millions of advertisements in order to a lot when I talk to victims of sex traf- sex on Backpage.com. When he was ar- hide important evidence from law en- ficking. Typically, drugs are involved. rested, by the way, he was found with forcement. In Ohio, it is usually heroin. These more than 8,000 bags of heroin. In 2006, Backpage executives in- cases are alarming, and, unfortunately, Just this week, or a week later after structed staff to edit the text of adult we have reasons to believe that the that, a man from Fort Wayne, IN, was ads, not to take them down but to edit problem is getting worse not better. charged with human trafficking and them, which is exactly how they facili- The National Center for Missing and child prostitution after he was arrested tated this type of trafficking, including Exploited Children, really, the expert on his way to Ohio. His intention, po- child sex trafficking. By October 2010, on this issue, particularly of kids who lice say, was to traffic a 14-year-old Backpage executives had a formal get involved in sex trafficking, reports girl whom he had met on Facebook, process in place of both manual and an 846-percent increase in reports of raped, and whom he planned to sell on automated deletion of incriminating suspected child sex trafficking from Backpage.com. words and phrases in ads. 2010 to 2015. That is an over 800-percent Backpage says it leads the industry Backpage CEO Carl Ferrer personally increase just in those 5 years. in its screening of advertisements for directed his employees to create an The organization found this spike to illegal activity. In fact, Backpage’s top electronic filter to delete hundreds of be ‘‘directly correlated to the increased lawyer has described their screening words indicative of sex trafficking or use of the Internet to sell children for process as the key tool for disrupting prostitution from ads before they were sex.’’ So it is kind of the dark side of and eventually ending human traf- published. the Internet, isn’t it. What I am told ficking via the World Wide Web. Again, this filter did not reject the sometimes by survivors of trafficking But despite these boasts, this Web ads because of the obvious illegal ac- is that they say: Rob, this has moved site and its owners consistently have tivity. They only edited the ads to try from the street corner to the cell refused to cooperate with our inves- to cover it up. The filter did not change phone. There is widespread evidence tigation, with other investigations re- what was advertised, only the way it that sex trafficking is increasingly lating to lawsuits around the country. was advertised. So Backpage did noth- doing that all over our country. With regard to our situation, we sub- ing to try to stop this criminal activ- In order to confront this problem, as poenaed them for the documents, and ity. They facilitated it knowingly. chairman of the Permanent Sub- they still refused to provide the docu- Why did they do that? Backpage ex- committee on Investigations, along ments or to testify. As a result, as my ecutives were afraid they would erode with my colleague and ranking mem- colleagues will remember, this body, their profits. It is a very profitable ber Senator CLAIRE MCCASKILL, I the Senate, for the first time in over 20 business. In Ferrer’s words, they were

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Without ‘‘lolita’’—referencing a 12-year-old girl serves only to obscure Ferrer’s U.S.- objection, it is so ordered. in a book who was sold for sex—‘‘teen- based ownership. f age,’’ ‘‘rape,’’ ‘‘young,’’ ‘‘little girl,’’ Based on all of these findings, it is WAIVER LEGISLATION FOR THE ‘‘teen,’’ ‘‘fresh,’’ ‘‘innocent,’’ ‘‘school clear that Backpage actively and NEXT SECRETARY OF DEFENSE girl,’’ and even ‘‘amber alert’’—and knowingly covered up criminal sexual then published the edited versions of activity—sex trafficking—that was Mr. LEAHY. Mr. President, the Sen- the ads on their Web site. Backpage taking place on its Web site, all in ate is faced with a clear but com- also systematically deleted dozens of order to increase its profits at the ex- plicated choice: support this expedited words related to prostitution. pense of the most vulnerable among us. legislation that will pave the way for This filter made these deletions be- Backpage has not denied a word of the confirmation of the next nominee fore anyone at Backpage even looked these findings. Instead, several hours to be Secretary of Defense or embroil at the ad. When law enforcement offi- after our report was issued, the com- one of the most consequential Cabinet cials asked for more information about pany closed what they call their adult positions—and with it the lives of the suspicious ads, as they have rou- section. They closed it down. Frankly, thousands of men and women, as well tinely done, Backpage had already de- this just validates our findings. as our national defense—in what would stroyed the original ad posted by the The National Center for Missing & surely become a legal and legislative trafficker, and the evidence was gone. Exploited Children said this about morass. So this notion that they were trying Backpage’s closure of its adult site: The Framers of the Constitution es- to help law enforcement is in the face ‘‘As a result [of this closure], a child is tablished that the Senate should pro- of the fact that they actually de- now less likely to be sold for sex on vide advice and consent in the appoint- stroyed the ads that had the evidence. Backpage.com.’’ ment of such Cabinet nominees. Con- We will never know for sure how many No one is interested in shutting down gress subsequently, in the aftermath of girls and women were victimized as a legitimate commercial activity and World War II, sought to implement result. By Backpage’s own estimate, speech, but we do want to put a stop to limitations on who could serve as Sec- the company was editing 70 to 80 per- criminal activity. retary of Defense, specifically, a cool- cent of the ads in the adult section by I want to thank Senator MCCASKILL ing off period for members of the mili- late 2010. and her staff for their shoulder-to- tary nominated to serve as Secretary Based on our best estimate, that shoulder work with my team on the of Defense. The goal? To ensure that means Backpage was editing more than Permanent Subcommittee on Inves- America’s military would remain under half a million ads every year. Internal tigations on this bipartisan investiga- civilian control. Circumventing these emails indicate the company was using tion. I am also grateful to the members limitations requires an act of Congress. the filter to some extent as late as 2014. of the full committee and the Senate as It has been done just once before, iron- We simply don’t know if they are still a whole for unanimously supporting us ically almost immediately after Con- using a filter. Eventually, Backpage re- as we pursued the enforcement of this gress first enacted those limitations. programmed its filters to reject some subpoena against Backpage.com. In Gen. Mattis, the President-elect— ads that contained certain egregious But we are not done. In the weeks who is inexperienced in the world of words suggestive of sex trafficking. and months ahead, I intend to explore military affairs and has sometimes But the company did this by coach- whether potential legislative remedies proven rash in his public comments— ing its customers on how to post clean are necessary and appropriate to end has identified an able leader, who is ads to help facilitate the criminal con- this type of facilitation of online sex tremendously popular and who has duct of these traffickers. So they did trafficking. time and again shown himself worthy reject some ads, but then they went At a hearing on the report on Tues- of the respect he has earned. I believe back to the customer to say: This is day, Backpage CEO and other company he will be a voice of reason in the De- how you could do it better. For exam- officials pled the Fifth Amendment, in- partment of Defense and was encour- ple, starting in 2012, a user advertising voking the right against self-incrimi- aged to hear at his confirmation hear- sex with a teen would get this error nation, rather than respond to ques- ing this morning that he understands message: ‘‘Sorry, ‘teen’ is a banned tions about the report’s findings. the importance of civilian control of The subcommittee also heard power- term.’’ our Defense Department and intends to With a one-word change to the ad, ful testimony from parents whose chil- preserve that tradition. the user would be permitted to post the dren had been trafficked on As Senator REED said earlier today in same ad, the same offer. In October Backpage.com. One mother talked the Armed Services Committee, this is 2011, Backpage CEO Carl Ferrer di- about seeing her missing daughter’s a once-in-a-generation waiver. Chair- rected his technology consultant to photograph on Backpage.com, fran- man MCCAIN similarly emphasized that create an error message when a user tically calling the company to tell he supports the law that this legisla- entered an age under 18 years old. Just them that was her daughter and to tion would temporarily waive. I do not like the word filter, the customer could please take down the ad. support efforts to change the law to Their response: Did you post the ad? permanently eliminate this statutory just enter a new age that the ad would Her response: Of course I didn’t post cooling off period. I am disappointed then post. the ad. That is my daughter. Please With regard to ownership, our inves- that the Senate majority has insisted take it down. tigation revealed that acting through a Their response: We can only take it on creating an expedited debate on serious of domestic and international down if you paid for the ad. such a critical question. I cannot sup- shell companies, Backpage’s founders I urge my colleagues to join me in port such an abrupt and accelerated re- lent their CEO, Carl Ferrer, more than this effort to ensure that does not hap- vision of the law, even in the form of a $600 million to buy the Web site. While pen again. What happens to these kids one-time-only exemption. I couldn’t Ferrer is the owner of Backpage, is not just tragic; it is evil. support such a haphazard process, re- Backpage’s previous owners retain near I urge my colleagues to join me in re- gardless of who the President, Presi- total debt equity in the company and forming our laws so they work better dent-elect, or the nominee is. continue to reap Backpage’s profits in to protect these children. As I said in December when the Sen- the form of their loan repayments. Mr. President, I yield the floor. ate considered the legislation that They can also exercise control over I suggest the absence of a quorum. paved the way for this rushed process Backpage’s operations and financial af- The PRESIDING OFFICER (Mr. today, my vote on this bill does not fairs pursuant to the loans and to other BLUNT). The clerk will call the roll. foreshadow my vote on Gen. Mattis’s agreements. The elaborate corporate The senior assistant legislative clerk nomination. I do believe that Gen. structure under which Ferrer pur- proceeded to call the roll. Mattis can respect the boundaries that

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While the first is ceive my support when the Senate con- unique ways. one of his traditional moonlit land- siders his nomination. Today I wish to pay tribute to the scapes, the other is ‘‘Anchorage Land f memory of one such Alaskan, ac- Auction, 1915.’’ It features a crowd claimed watercolorist Byron Birdsall. huddled in what was then no more than ADDITIONAL STATEMENTS Byron’s passing on December 4, 2016, a tent city near Ship Creek, in what just 2 weeks shy of his 79th birthday, would eventually become downtown Anchorage. Byron’s painting reminds TRIBUTE TO MACK COLE leaves a hole not just in the hearts of Alaskans, but in the art world itself. me not just of those pioneers who ven- ∑ Mr. DAINES. Mr. President, this Given the indelible impact that By- tured to Alaska with the promise of a week, I have the distinct honor of rec- ron’s prolific volume of work has had new life waiting to be carved out of the ognizing Mack Cole of Treasure Coun- on Alaskans over the last 41 years, it is wilderness but, despite how far Alaska ty, a third generation Montanan and all the more impressive, considering has come, how much raw potential still dedicated public servant. Next month, that he lived the first half of his life remains. Mr. Cole will celebrate 55 years of mar- outside the State. Despite our rich history and herit- riage with his wife, Judy. Mack and Born in Buckeye, Arizona on Decem- age, we are a young State, and many of Judy Cole were married in February 10, ber 18, 1937, Byron was raised in the our founding generation has been—and 1962, in the town of Hysham, one of the suburbs of Los Angeles. After grad- is now—passing from the scene. How- many beautiful small communities in uating with a bachelor’s degree in his- ever, whether through his capturing of the quiet and peaceful high plains of tory from Seattle Pacific College in the 75th Annual Anchorage Fur Ren- dezvous Festival or ‘‘Fur Rondy,’’ fea- eastern Montana. 1959, Byron attended Stanford Univer- turing Rondy 10-time champion George After marriage, Mr. and Mrs. Cole sity. Following his 1960 marriage to his Attla racing his sled dog team down spent 2 years in South America, pro- beloved Lynn, who succumbed to 4th Avenue, or in his painting the his- viding much needed services while breast cancer in 1998, the couple set out toric devastation to downtown Anchor- working for the Food for Peace Pro- to travel the world. The couple trav- age following the 1964 earthquake, gram in Brazil. Mr. Cole’s experience in eled to Africa to teach English and ex- Byron was interpreting and memori- South America would serve as a trail- plored the Pacific, living in American head for a lifelong journey of civic alizing the highs and lows of our his- Samoa for a few years. They then re- tory for generations of Alaskans to minded virtue and dedication on behalf turned for a job in Seattle before arriv- of his fellow citizens. come. ing in Anchorage for a job at an adver- I can think of no better way to end In the late 1970s, Mr. and Mrs. Cole tising agency, which he soon quit to than with Byron’s own words about his moved down the road, west on I–90 to paint full time. life: ‘‘A dream come true. That is what Billings, MT, and they continued to He recalled that it was 1975, during Alaska has given to me. Incredible build upon their honorable records of the pipeline boom that he was painting beauty for subject matter, and a recep- public service. During this chapter of pictures. ‘‘People started buying them tive public have combined to allow me his life, Mr. Cole worked for the Bureau so I quit work and started painting.’’ to do what I love best, painting all day, of Indian Affairs in multiple western Byron painted Alaska. He later ex- every day for more than 41 years.’’ States and was involved in a wide vari- plained to the Anchorage Daily News, On behalf of grateful Alaskans and ety of programs, including the develop- ‘‘Alaskans love Alaska. That’s what my fellow Senators, I extend my condo- ment of irrigation projects. His work they want to buy.’’ lences to Billie and Byron’s family. with the Bureau of Indian Affairs took Despite his talent in multiple medi- With Byron’s passing, Alaska has lost a him to Wyoming, Arizona, Utah, and ums, including portraiture and oils, cultural icon, but his substantial body Nevada. After retiring from the Bureau Byron will likely be best remembered of work lives on forever.∑ of Indian Affairs in 1993, the Coles for his prolific work in watercolor and f moved back to the family ranch out- landscapes, and, perhaps rightly so, as side of Hysham. many of the pieces and prints so famil- MESSAGE FROM THE HOUSE Mr. Cole continued his distinguished iar to most Alaskans were in that for- At 12:53 p.m., a message from the record of public service by representing mat. His work is so highly regarded House of Representatives, delivered by the people of Treasure County in the that one of his prints, ‘‘McKinley Mrs. Cole, one of its reading clerks, an- Montana Legislature, retiring from the Moonlight,’’ was selected to serve as a nounced that the House has passed the State senate in 2003. During his time in background for Alaska’s heirloom mar- following bills, in which it requests the legislature and even after retirement riage certificates. As his wife Billie concurrence of the Senate: from public life, Mr. Cole has always said, Byron was ‘‘inspired by both the H.R. 5. An act to reform the process by been a steadfast supporter of respon- scenic beauty of Alaska and its peo- which Federal agencies analyze and formu- sible energy development, a critical ple.’’ late new regulations and guidance docu- component for the livelihood of many Alaska Dispatch News writer David ments, to clarify the nature of judicial re- of his friends and neighbors. James described Byron’s landscapes for view of agency interpretations, to ensure complete analysis of potential impacts on His humble efforts to help provide a recent book Byron completed this small entities of rules, and for other pur- food to the hungry, keep water flowing year as ‘‘rich with color and detail. His poses. to farms and ranches ensuring energy summer scenes explode with flowers, H.R. 39. An act to amend title 5, United was always ready at the flip of a switch animals and sunlight, while his images States Code, to codify the Presidential Inno- make him a great Montanan. It is hard of winter, where snow covers the vation Fellows Program, and for other pur- to find a better example of a fellow ground and twilight darkens the sky, poses. Montanan that is always ready to offer are alive with elaborate hues and stel- f a helping hand. lar lighting that belie the notion of MEASURES REFERRED I want to express my deep gratitude Alaska as a desolate wasteland for half The following bill was read the first to Mr. Cole for his dedication and serv- the year.’’ and the second times by unanimous ∑ But I would be remiss if I did not ice to Montana and our country. consent, and referred as indicated: take a moment to highlight for the f H.R. 5. An act to reform the process by record that Byron’s work was not just REMEMBERING BYRON BIRDSALL which Federal agencies analyze and formu- the beautiful landscapes that Alaskans late new regulations and guidance docu- ∑ Ms. MURKOWSKI. Mr. President, love so much. Rather, he helped cata- ments, to clarify the nature of judicial re- Alaskans tend to view our State as a log the history of the 49th State. view of agency interpretations, to ensure

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12JA6.015 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S311 complete analysis of potential impacts on Energy, transmitting, pursuant to law, the pursuant to law, an addendum to a certifi- small entities of rules, and for other pur- report of a rule entitled ‘‘Energy Efficiency cation, of the proposed sale or export of de- poses; to the Committee on Homeland Secu- Standards for the Design and Construction of fense articles and/or defense services to a rity and Governmental Affairs. New Federal Low-Rise Residential Buildings’ Middle East country (OSS–2017–0017); to the f Baseline Standards Update’’ (RIN1904–AD56) Committee on Foreign Relations. received in the Office of the President of EC–457. A communication from the Senior EXECUTIVE AND OTHER Senate on January 11, 2017; to the Com- Advisor, Bureau of Political-Military Af- COMMUNICATIONS mittee on Energy and Natural Resources. fairs, Department of State, transmitting, EC–448. A communication from the Chief of The following communications were pursuant to law, an addendum to a certifi- the Policy, Performance, and Management cation, of the proposed sale or export of de- laid before the Senate, together with Programs Division, Fish and Wildlife Serv- fense articles and/or defense services to a accompanying papers, reports, and doc- ice, Department of the Interior, transmit- Middle East country (OSS–2017–0019); to the uments, and were referred as indicated: ting, pursuant to law, the report of a rule en- Committee on Foreign Relations. EC–440. A communication from the Chief of titled ‘‘Refuge-Specific Regulations; Public EC–458. A communication from the Senior the Planning and Regulatory Affairs Branch, Use; Kenai National Wildlife Refuge’’ Advisor, Bureau of Political-Military Af- Food and Nutrition Service, Department of (RIN1018–AX56) received in the Office of the fairs, Department of State, transmitting, Agriculture, transmitting, pursuant to law, President of the Senate on January 11, 2017; pursuant to law, an addendum to a certifi- the report of a rule entitled ‘‘Supplemental to the Committee on Energy and Natural Re- cation, of the proposed sale or export of de- Nutrition Assistance Program (SNAP): Eligi- sources. fense articles and/or defense services to a EC–449. A communication from the Acting bility, Certification, and Employment and Middle East country (OSS–2017–0016); to the Chief of the Branch of Conservation and Training Provisions of the Food, Conserva- Committee on Foreign Relations. Communications, Fish and Wildlife Service, tion and Energy Act of 2008’’ (RIN0584–AD87) EC–459. A communication from the Senior received in the Office of the President of the Department of the Interior, transmitting, pursuant to law, the report of a rule entitled Advisor, Bureau of Political-Military Af- Senate on January 11, 2017; to the Com- fairs, Department of State, transmitting, mittee on Agriculture, Nutrition, and For- ‘‘Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Can- pursuant to law, an addendum to a certifi- estry. cation, of the proposed sale or export of de- EC–441. A communication from the Super- didate Conservation Agreements With Assur- ances’’ (RIN1018–BB25) received in the Office fense articles and/or defense services to a visory Regulatory Analyst, Grain Inspection, Middle East country (OSS–2017–0020); to the Packers and Stockyards Administration, De- of the President of the Senate on January 11, 2017; to the Committee on Energy and Nat- Committee on Foreign Relations. partment of Agriculture, transmitting, pur- EC–460. A communication from the Assist- suant to law, the report of a rule entitled ural Resources. EC–450. A communication from the Divi- ant Secretary, Legislative Affairs, Depart- ‘‘Fees for Official Inspection and Official sion Chief of Regulatory Affairs, Bureau of ment of State, transmitting, pursuant to Weighing Services Under the United States Land Management, Department of the Inte- law, a report relative to the establishment of Grain Standards Act (USGSA)’’ (7 CFR Part rior, transmitting, pursuant to law, the re- the danger pay allowance for Philippines: 800) received in the Office of the President of port of a rule entitled ‘‘Onshore Oil and Gas Mindanao Regions with Mindanao; Autono- the Senate on January 11, 2017; to the Com- Operations; Federal and Indian Oil and Gas mous Region of Muslim Mindanao; mittee on Agriculture, Nutrition, and For- Leases; Onshore Oil and Gas Order Number 1, Zamboanga Peninsula; Northern Mindanao; estry. Approval of Operations’’ (RIN1004–AE37) re- Davao Region; and Soccsksargen Caraga; to EC–442. A communication from the Under ceived in the Office of the President of the the Committee on Foreign Relations. Secretary of Defense (Acquisition, Tech- Senate on January 10, 2017; to the Com- EC–461. A communication from the Assist- nology and Logistics), transmitting, pursu- mittee on Energy and Natural Resources. ant Secretary, Legislative Affairs, Depart- ant to law, a report relative to realistic sur- EC–451. A communication from the Direc- ment of State, transmitting, pursuant to vivability testing of the OHIO Replacement tor of Congressional Affairs, Office of Gen- law, a report relative to the elimination of Ballistic Missile Submarine (SSBN) (OSS– eral Counsel, Nuclear Regulatory Commis- the danger pay allowance; to the Committee 2017–0022); to the Committee on Armed Serv- sion, transmitting, pursuant to law, the re- on Foreign Relations. ices. port of a rule entitled ‘‘Update to Incor- EC–462. A communication from the Assist- EC–443. A communication from the Under porate FOIA Improvement Act of 2016 Re- Secretary of Defense (Acquisition, Tech- ant Secretary, Legislative Affairs, Depart- quirements’’ ((RIN3150–AJ84) (NRC–2016– ment of State, transmitting, pursuant to nology and Logistics), transmitting, pursu- 0171)) received in the Office of the President ant to law, the quarterly exception Selected law, the report of a rule entitled ‘‘Inter- of the Senate on January 10, 2017; to the national Traffic in Arms Regulations: Inter- Acquisition Reports (SARs) as of September Committee on Environment and Public 30, 2016 (OSS–2017–0024); to the Committee on national Trade Data System, Reporting’’ Works. (RIN1400–AE07) received in the Office of the Armed Services. EC–452. A communication from the Senior EC–444. A communication from the Under President of the Senate on January 11, 2017; Advisor, Bureau of Political-Military Af- to the Committee on Foreign Relations. Secretary of Defense (Acquisition, Tech- fairs, Department of State, transmitting, nology and Logistics), transmitting, pursu- EC–463. A communication from the Senior pursuant to law, an addendum to a certifi- Procurement Executive, Office of Acquisi- ant to law, a report entitled ‘‘Failure of Con- cation, of the proposed sale or export of de- tractors, Participating under the DoD Test tion Policy, General Services Administra- fense articles and/or defense services to a tion, transmitting, pursuant to law, the re- Program for a Comprehensive Subcon- Middle East country (OSS–2017–0026); to the tracting Plan, to Meet Their Negotiated port of a rule entitled ‘‘Federal Acquisition Committee on Foreign Relations. Regulation; Federal Acquisition Circular Goals’’ ; to the Committee on Armed Serv- EC–453. A communication from the Senior 2005–95; Introduction’’ (FAC 2005–95) received ices. Advisor, Bureau of Political-Military Af- in the Office of the President of the Senate EC–445. A communication from the Assist- fairs, Department of State, transmitting, on January 11, 2017; to the Committee on ant to the Board of Governors of the Federal pursuant to law, an addendum to a certifi- Homeland Security and Governmental Af- Reserve System, transmitting, pursuant to cation, of the proposed sale or export of de- fairs. law, the report of a rule entitled ‘‘Regu- fense articles and/or defense services to a latory Capital Rules: Implementation of Middle East country (OSS–2017–0025); to the EC–464. A communication from the Senior Capital Requirements for Global System- Committee on Foreign Relations. Procurement Executive, Office of Acquisi- ically Important Bank Holding Companies’’ EC–454. A communication from the Senior tion Policy, General Services Administra- (RIN7100–AE49) received in the Office of the Advisor, Bureau of Political-Military Af- tion, transmitting, pursuant to law, the re- President of the Senate on January 10, 2017; fairs, Department of State, transmitting, port of a rule entitled ‘‘Federal Acquisition to the Committee on Banking, Housing, and pursuant to law, an addendum to a certifi- Regulation; Uniform Use of Line Items’’ Urban Affairs. cation, of the proposed sale or export of de- ((RIN9000–AM73) (FAC 2005–95)) received in EC–446. A communication from the Assist- fense articles and/or defense services to a the Office of the President of the Senate on ant General Counsel for Legislation, Regula- Middle East country (OSS–2017–0021); to the January 11, 2017; to the Committee on Home- tion and Energy Efficiency, Department of Committee on Foreign Relations. land Security and Governmental Affairs. Energy, transmitting, pursuant to law, the EC–455. A communication from the Senior EC–465. A communication from the Senior report of a rule entitled ‘‘Energy Conserva- Advisor, Bureau of Political-Military Af- Procurement Executive, Office of Acquisi- tion Program: Energy Conservation Stand- fairs, Department of State, transmitting, tion Policy, General Services Administra- ards for Residential Central Air Conditioners pursuant to law, an addendum to a certifi- tion, transmitting, pursuant to law, the re- and Heat Pumps’’ (RIN1904–AD37) received in cation, of the proposed sale or export of de- port of a rule entitled ‘‘Federal Acquisition the Office of the President of Senate on Jan- fense articles and/or defense services to a Regulation; Acquisition Threshold for Spe- uary 11, 2017; to the Committee on Energy Middle East country (OSS–2017–0018); to the cial Emergency Procurement Authority’’ and Natural Resources. Committee on Foreign Relations. ((RIN9000–AN18) (FAC 2005–95)) received in EC–447. A communication from the Assist- EC–456. A communication from the Senior the Office of the President of the Senate on ant General Counsel for Legislation, Regula- Advisor, Bureau of Political-Military Af- January 11, 2017; to the Committee on Home- tion and Energy Efficiency, Department of fairs, Department of State, transmitting, land Security and Governmental Affairs.

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A communication from the Chair vival of democratic government in Europe tion, transmitting, pursuant to law, the re- of the Aerospace Safety Advisory Panel, Na- and North America throughout the Cold port of a rule entitled ‘‘Federal Acquisition tional Aeronautics and Space Administra- War; Regulation; Contractor Employee Internal tion, transmitting, pursuant to law, the Pan- (C) NATO enhances the security of the Confidentiality Agreements or Statements’’ el’s annual report for 2016; to the Committee United States by embedding European states ((RIN9000–AN04) (FAC 2005–95)) received in on Commerce, Science, and Transportation. in a process of cooperative security planning the Office of the President of the Senate on and by ensuring an ongoing and direct lead- f January 11, 2017; to the Committee on Home- ership role for the United States in European land Security and Governmental Affairs. PETITIONS AND MEMORIALS security affairs; EC–467. A communication from the Senior (D) the responsibility and financial burden Procurement Executive, Office of Acquisi- The following petition or memorial of defending the democracies of Europe and tion Policy, General Services Administra- was laid before the Senate and was re- North America can be more equitably shared tion, transmitting, pursuant to law, the re- ferred or ordered to lie on the table as through an alliance in which specific obliga- port of a rule entitled ‘‘Federal Acquisition indicated: tions and force goals are met by its mem- Regulation; Contracts Under the Small Busi- POM–9. A petition from a citizen of the bers; ness Administration 8(a) Program’’ State of Minnesota relative to the Minnesota (E) the security and prosperity of the ((RIN9000–AM68) (FAC 2005–95)) received in Presidential Certificate of Vote; to the Com- United States is enhanced by NATO’s collec- the Office of the President of the Senate on mittee on Rules and Administration. tive defense against aggression that may January 11, 2017; to the Committee on Home- threaten the security of NATO members; and land Security and Governmental Affairs. f (F) United States membership in NATO re- EC–468. A communication from the Senior mains a vital national security interest of Procurement Executive, Office of Acquisi- REPORTS OF COMMITTEES the United States. tion Policy, General Services Administra- The following reports of committees (2) STRATEGIC RATIONALE FOR NATO EN- tion, transmitting, pursuant to law, the re- were submitted: LARGEMENT.—The Senate finds that— port of a rule entitled ‘‘Federal Acquisition (A) the United States and its NATO allies By Mr. CORKER, from the Committee on Regulation; Prohibition on Reimbursement face continued threats to their stability and Foreign Relations, with amendments: for Congressional Investigations and Inquir- territorial integrity; S. Res. 6. A resolution objecting to United ies’’ ((RIN9000–AM97) (FAC 2005–95)) received (B) an attack against Montenegro, or its Nations Security Council Resolution 2334 in the Office of the President of the Senate destabilization arising from external subver- and to all efforts that undermine direct ne- on January 11, 2017; to the Committee on sion, would threaten the stability of Europe gotiations between Israel and the Palestin- Homeland Security and Governmental Af- and jeopardize United States national secu- ians for a secure and peaceful settlement. fairs. rity interests; By Mr. McCAIN, from the Committee on EC–469. A communication from the Senior (C) Montenegro, having established a Armed Services, without amendment: Procurement Executive, Office of Acquisi- democratic government and having dem- S. 84. A bill to provide for an exception to tion Policy, General Services Administra- onstrated a willingness to meet the require- a limitation against appointment of persons tion, transmitting, pursuant to law, the re- ments of membership, including those nec- as Secretary of Defense within seven years of port of a rule entitled ‘‘Federal Acquisition essary to contribute to the defense of all relief from active duty as a regular commis- Regulation; Federal Acquisition Circular NATO members, is in a position to further sioned officer of the Armed Forces. 2005–95; Small Entity Compliance Guide’’ the principles of the North Atlantic Treaty (FAC 2005–95) received in the Office of the f and to contribute to the security of the President of the Senate on January 11, 2017; North Atlantic area; and to the Committee on Homeland Security and EXECUTIVE REPORT OF (D) extending NATO membership to Monte- Governmental Affairs. COMMITTEE—TREATY negro will strengthen NATO, enhance sta- EC–470. A communication from the Chair The following executive report of bility in Southeast Europe, and advance the interests of the United States and its NATO of the Securities and Exchange Commission, committee was submitted: transmitting, pursuant to law, the Commis- allies. sion’s fiscal year 2014 and fiscal year 2015 By Mr. CORKER, from the Committee on (3) SUPPORT FOR NATO’S OPEN DOOR POL- FAIR Act Commercial and Inherently Gov- Foreign Relations. ICY.—The policy of the United States is to ernmental Activities Inventory; to the Com- Treaty Doc. 114–12: Protocol to the North support NATO’s Open Door Policy that al- mittee on Homeland Security and Govern- Atlantic Treaty of 1949 on the Accession of lows any European country to express its de- mental Affairs. Montenegro (Ex. Rept. 115–1) sire to join NATO and demonstrate its abil- EC–471. A communication from the Assist- The Text of the committee-rec- ity to meet the obligations of NATO mem- ant Attorney General, Office of Legislative ommended resolution of advice and bership. (4) FUTURE CONSIDERATION OF CANDIDATES Affairs, Department of Justice, transmit- consent to ratification is as follows: ting, pursuant to law, the annual report from FOR MEMBERSHIP IN NATO.— the Attorney General to Congress relative to As reported by the Committee on Foreign (A) SENATE FINDING.—The Senate finds the Uniformed and Overseas Citizens Absen- Relations: that the United States will not support the tee Voting Act; to the Committee on Rules Resolved, (two-thirds of the Senators present accession to the North Atlantic Treaty of, or and Administration. concurring therein), the invitation to begin accession talks with, EC–472. A communication from the Assist- Section 1. Senate Advice and Consent Sub- any European state (other than Monte- ant Attorney General, Office of Legislative ject to Declarations, an Understanding, and negro), unless— Affairs, Department of Justice, transmit- Conditions. (i) the President consults with the Senate ting, pursuant to law, the annual report from The Senate advises and consents to the consistent with Article II, section 2, clause 2 the Attorney General to Congress relative to ratification of the Protocol to the North At- of the Constitution of the United States (re- the Uniformed and Overseas Citizens Absen- lantic Treaty of 1949 on the Accession of lating to the advice and consent of the Sen- tee Voting Act; to the Committee on Rules Montenegro, which was opened for signature ate to the making of treaties); and and Administration. at Brussels on May 19, 2016, and signed that (ii) the prospective NATO member can ful- EC–473. A communication from the Deputy day on behalf of the United States of Amer- fill all of the obligations and responsibilities Assistant Administrator, Office of Sustain- ica (the ‘‘Protocol’’) (Treaty Doc. 114–12), of membership, and the inclusion of such able Fisheries, Department of Commerce, subject to the declarations of section 2 and state in NATO would serve the overall polit- transmitting, pursuant to law, the report of the conditions of section 3. ical and strategic interests of NATO and the a rule entitled ‘‘Fisheries of the Exclusive Sec. 2. Declarations. United States. Economic Zone Off Alaska; Bering Sea and The advice and consent of the Senate (B) REQUIREMENT FOR CONSENSUS AND RATI- Aleutian Islands Management Area; Amer- under section 1 is subject to the following FICATION.—The Senate declares that no ac- ican Fisheries Act; Amendment 113’’ declarations: tion or agreement other than a consensus de- (RIN0648–BF54) received in the Office of the (1) REAFFIRMATION THAT UNITED STATES cision by the full membership of NATO, ap- President of the Senate on January 11, 2017; MEMBERSHIP IN NATO REMAINS A VITAL NA- proved by the national procedures of each to the Committee on Commerce, Science, TIONAL SECURITY INTEREST OF THE UNITED NATO member, including, in the case of the and Transportation. STATES.—The Senate declares that— United States, the requirements of Article EC–474. A communication from the Assist- (A) for more than 60 years the North Atlan- II, section 2, clause 2 of the Constitution of ant Secretary, Federal Maritime Commis- tic Treaty Organization (NATO) has served the United States (relating to the advice and sion, transmitting, pursuant to law, the re- as the preeminent organization to defend the consent of the Senate to the making of trea- port of a rule entitled ‘‘Inflation Adjustment countries in the North Atlantic area against ties), will constitute a commitment to col- of Civil Monetary Penalties’’ (RIN3072–AC66) all external threats; lective defense and consultations pursuant received in the Office of the President of the (B) through common action, the estab- to Articles 4 and 5 of the North Atlantic Senate on January 11, 2017; to the Com- lished democracies of North America and Eu- Treaty.

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(5) INFLUENCE OF NON-NATO MEMBERS ON ered by Article 6 of the North Atlantic Trea- S. 112. A bill to amend title 38, United NATO DECISIONS.—The Senate declares that ty, as applied by the North Atlantic Council. States Code, to authorize per diem payments any country that is not a member of NATO (5) NORTH ATLANTIC TREATY.—The term under comprehensive service programs for shall have no impact on decisions related to ‘‘North Atlantic Treaty’’ means the North homeless veterans to furnish care to depend- NATO enlargement. Atlantic Treaty, signed at Washington April ents of homeless veterans, and for other pur- (6) SUPPORT FOR 2014 WALES SUMMIT DEFENSE 4, 1949 (63 Stat. 2241; TIAS 1964), as amended. poses; to the Committee on Veterans’ Af- SPENDING BENCHMARK.—The Senate declares (6) UNITED STATES INSTRUMENT OF RATIFICA- fairs. that all NATO members should continue to TION.—The term ‘‘United States instrument By Mr. HELLER (for himself and Mr. move towards the guideline outlined in the of ratification’’ means the instrument of TESTER): 2014 Wales Summit Declaration to spend a ratification of the United States of the Pro- S. 113. A bill to require the Secretary of minimum of 2 percent of their Gross Domes- tocol to the North Atlantic Treaty of 1949 on Veterans Affairs to carry out a pilot pro- tic Product (GDP) on defense and 20 percent the Accession of Montenegro. gram to increase the use of medical scribes of their defense budgets on major equipment, f to maximize the efficiency of physicians at including research and development, by 2024. medical facilities of the Department of Vet- (7) SUPPORT FOR MONTENEGRO’S DEMOCRATIC INTRODUCTION OF BILLS AND erans Affairs; to the Committee on Veterans’ REFORM PROCESS.—Montenegro has made dif- JOINT RESOLUTIONS Affairs. ficult reforms and taken steps to address The following bills and joint resolu- By Mr. HELLER (for himself and Mr. corruption. The United States and other tions were introduced, read the first CASEY): NATO member states should not consider S. 114. A bill to amend title 38, United this important process complete and should and second times by unanimous con- States Code, to require the Secretary of Vet- continue to urge additional reforms. sent, and referred as indicated: erans Affairs to submit an annual report re- Sec. 3. Conditions. By Mr. CRUZ (for himself, Mr. GRA- garding performance awards and bonuses The advice and consent of the Senate HAM, Mr. RISCH, Mrs. CAPITO, Mr. awarded to certain high-level employees of under section 1 is subject to the following ROUNDS, Mr. THUNE, Mr. HATCH, Mr. the Department of Veterans Affairs; to the conditions: CRAPO, Mr. JOHNSON, Mr. BARRASSO, Committee on Veterans’ Affairs. (1) PRESIDENTIAL CERTIFICATION.—Prior to Mr. DAINES, Mr. ROBERTS, Mr. LEE, By Mr. HELLER: the deposit of the instrument of ratification, Mr. SULLIVAN, Mr. CORNYN, Mr. S. 115. A bill to amend title 38, United the President shall certify to the Senate as WICKER, Mr. COCHRAN, Mr. HOEVEN, States Code, to authorize the Secretary of follows: Mr. MCCAIN, Mr. KENNEDY, Mr. Veterans Affairs to provide for an operation (A) The inclusion of Montenegro in NATO MCCONNELL, and Mr. BLUNT): on a live donor for purposes of conducting a will not have the effect of increasing the S. 107. A bill to prohibit voluntary or as- transplant procedure for a veteran, and for overall percentage share of the United States sessed contributions to the United Nations other purposes; to the Committee on Vet- in the common budgets of NATO. until the President certifies to Congress that erans’ Affairs. (B) The inclusion of Montenegro in NATO United Nations Security Council Resolution By Mr. HELLER (for himself and Mr. does not detract from the ability of the 2334 has been repealed; to the Committee on TESTER): United States to meet or to fund its military Foreign Relations. S. 116. A bill to amend title 10, United requirements outside the North Atlantic By Mr. HATCH (for himself, Ms. KLO- States Code, to permit veterans who have a area. BUCHAR, Mr. PORTMAN, Mr. DON- service-connected, permanent disability (2) ANNUAL REPORT ON NATO MEMBER DE- NELLY, Mr. YOUNG, Mr. CASEY, Mr. rated as total to travel on military aircraft FENSE SPENDING.—Not later than December 1 TOOMEY, Mrs. SHAHEEN, Mr. ISAKSON, in the same manner and to the same extent of each year during the 8-year period fol- and Mr. FRANKEN): as retired members of the Armed Forces en- lowing the date of entry into force of the S. 108. A bill to amend the Internal Rev- titled to such travel; to the Committee on Protocol to the North Atlantic Treaty of 1949 enue Code of 1986 to repeal the excise tax on Armed Services. on the Accession of Montenegro, the Presi- medical devices; to the Committee on Fi- By Mr. DAINES (for himself and Mr. dent shall submit to the appropriate congres- nance. TESTER): sional committees a report, which shall be By Mr. GRASSLEY (for himself, Mr. S. 117. A bill to designate a mountain peak submitted in an unclassified form, but may CASEY, Mr. BROWN, Mr. UDALL, Ms. in the State of Montana as ‘‘Alex Diekmann be accompanied by a classified annex, and HIRONO, Mr. FRANKEN, Mr. PETERS, Peak’’; to the Committee on Energy and which shall contain the following informa- Ms. KLOBUCHAR, Mr. COONS, Mr. DON- Natural Resources. tion: NELLY, Mrs. SHAHEEN, Mrs. CAPITO, By Mr. LEE (for himself, Mrs. FISCHER, (A) The amount each NATO member spent Mr. WICKER, Mr. COCHRAN, Mr. GARD- Mr. KING, Mrs. CAPITO, and Ms. COL- on its national defense in each of the pre- NER, Mr. BOOZMAN, Ms. COLLINS, Mr. LINS): vious 5 years. HOEVEN, Mr. BLUNT, Mr. BARRASSO, S. 118. A bill to make exclusive the author- (B) The percentage of GDP for each of the Mr. THUNE, Mr. MORAN, Mr. COTTON, ity of the Federal Government to regulate previous 5 years that each NATO member Mrs. ERNST, Mr. DAINES, Mr. SCOTT, the labeling of products made in the United spent on its national defense. (C) The percentage of national defense and Mr. YOUNG): States and introduced in interstate or for- S. 109. A bill to amend title XVIII of the spending for each of the previous 5 years eign commerce, and for other purposes; to Social Security Act to provide for coverage that each NATO member spent on major the Committee on Commerce, Science, and under the Medicare program of pharmacist equipment, including research and develop- Transportation. services; to the Committee on Finance. ment. By Mr. GRASSLEY (for himself, Mr. (D) Details on the actions a NATO member By Ms. BALDWIN (for herself, Ms. BLUNT, Mr. INHOFE, Mr. CORNYN, Mr. has taken in the most recent year reported MURKOWSKI, Mr. SULLIVAN, and Mr. CRUZ, Mrs. FISCHER, Mr. RUBIO, Mr. to move closer towards the NATO guideline BOOKER): FLAKE, Mr. HATCH, and Mr. TILLIS): S. 110. A bill to require the Secretary of outlined in the 2014 Wales Summit Declara- S. 119. A bill to impose certain limitations Commerce, acting through the Adminis- tion to spend a minimum of 2 percent of its on consent decrees and settlement agree- trator of the National Oceanic and Atmos- GDP on national defense and 20 percent of its ments by agencies that require the agencies pheric Administration, to establish a con- national defense budget on major equipment, to take regulatory action in accordance with stituent-driven program to provide a digital including research and development, if a the terms thereof, and for other purposes; to information platform capable of efficiently NATO member is below either guideline for the Committee on the Judiciary. integrating coastal data with decision-sup- the most recent year reported. By Mr. HELLER: Sec. 4. Definitions. port tools, training, and best practices and S. 120. A bill to provide for the creation of In this resolution: to support collection of priority coastal the Missing Armed Forces Personnel Records (1) APPROPRIATE CONGRESSIONAL COMMIT- geospatial data to inform and improve local, Collection at the National Archives, to re- TEES.—The term ‘‘appropriate congressional State, regional, and Federal capacities to quire the expeditious public transmission to committees’’ means the Committee on For- manage the coastal region, and for other the Archivist and public disclosure of Miss- eign Relations and the Committee on Armed purposes; to the Committee on Commerce, ing Armed Forces Personnel records, and for Services of the Senate and the Committee on Science, and Transportation. other purposes; to the Committee on Home- Foreign Affairs and the Committee on By Mr. HELLER (for himself and Ms. land Security and Governmental Affairs. Armed Services of the House of Representa- HIRONO): By Mr. HELLER: tives. S. 111. A bill to require the Secretary of S. 121. A bill to establish the veterans’ (2) NATO MEMBERS.—The term ‘‘NATO Defense to establish a process to determine business outreach center program, to im- members’’ means all countries that are par- whether individuals claiming certain service prove the programs for veterans of the Small ties to the North Atlantic Treaty. in the Philippines during World War II are Business Administration, and for other pur- (3) NON-NATO MEMBERS.—The term ‘‘non- eligible for certain benefits despite not being poses; to the Committee on Small Business NATO members’’ means all countries that on the Missouri List, and for other purposes; and Entrepreneurship. are not parties to the North Atlantic Treaty. to the Committee on Veterans’ Affairs. By Mr. HELLER (for himself, Ms. STA- (4) NORTH ATLANTIC AREA.—The term By Mr. HELLER (for himself and Mrs. BENOW, Mr. ISAKSON, and Mr. MENEN- ‘‘North Atlantic area’’ means the area cov- MURRAY): DEZ):

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.011 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S314 CONGRESSIONAL RECORD — SENATE January 12, 2017 S. 122. A bill to prevent homeowners from By Mr. NELSON (for himself, Mrs. to more efficiently develop domestic sources being forced to pay taxes on forgiven mort- FISCHER, Ms. KLOBUCHAR, and Mr. of the minerals and mineral materials of gage loan debt; to the Committee on Fi- BLUNT): strategic and critical importance to the eco- nance. S. 134. A bill to expand the prohibition on nomic and national security and manufac- By Ms. KLOBUCHAR (for herself, Mrs. misleading or inaccurate caller identifica- turing competitiveness of the United States, FISCHER, Mr. SCHATZ, Mr. CORNYN, tion information, and for other purposes; to and for other purposes; to the Committee on Mr. THUNE, and Mr. CRUZ): the Committee on Commerce, Science, and Energy and Natural Resources. S. 123. A bill to amend the Communica- Transportation. By Mr. MCCAIN: tions Act of 1934 to require multi-line tele- By Mr. ISAKSON (for himself and Mr. S. 146. A bill to strengthen accountability phone systems to have a default configura- PERDUE): for deployment of border security technology tion that permits users to directly initiate a S. 135. A bill to redesignate Ocmulgee Na- at the Department of Homeland Security, call to 9–1–1 without dialing any additional tional Monument in the State of Georgia and and for other purposes; to the Committee on digit, code, prefix, or post-fix, and for other revise its boundary, and for other purposes; Homeland Security and Governmental Af- purposes; to the Committee on Commerce, to the Committee on Energy and Natural Re- fairs. Science, and Transportation. sources. By Mr. LANKFORD (for himself and By Ms. KLOBUCHAR (for herself and By Mr. ISAKSON (for himself and Mr. Mr. CASSIDY): Mr. GRASSLEY): PERDUE): S.J. Res. 4. A joint resolution disapproving S. 124. A bill to prohibit brand name drug S. 136. A bill to adjust the boundary of the the action of the District of Columbia Coun- companies from compensating generic drug Kennesaw Mountain National Battlefield cil in approving the Death with Dignity Act companies to delay the entry of a generic Park to include the Wallis House and of 2016; to the Committee on Homeland Secu- drug into the market; to the Committee on Harriston Hill, and for other purposes; to the rity and Governmental Affairs. the Judiciary. Committee on Energy and Natural Re- f By Ms. MURKOWSKI (for herself, Ms. sources. CANTWELL, Mr. SULLIVAN, and Mr. By Mr. ISAKSON: SUBMISSION OF CONCURRENT AND HEINRICH): S. 137. A bill to expand the boundary of SENATE RESOLUTIONS S. 125. A bill to amend the Oil Pollution Fort Frederica National Monument in the The following concurrent resolutions Act of 1990 to impose penalties and provide State of Georgia, and for other purposes; to and Senate resolutions were read, and the Committee on Energy and Natural Re- for the recovery of removal costs and dam- referred (or acted upon), as indicated: ages in connection with certain discharges of sources. oil from foreign offshore units, and for other By Mr. RUBIO (for himself and Mr. By Mrs. FISCHER (for herself and Mrs. purposes; to the Committee on Environment CASEY): ERNST): and Public Works. S. 138. A bill to impose sanctions on per- S. Res. 12. A resolution expressing the By Mr. DAINES (for himself, Mr. PAUL, sons that threaten the peace or stability of sense of the Senate that clean water is a na- and Mr. TESTER): Iraq or the Government of Iraq and to ad- tional priority, and that the June 29, 2015, S. 126. A bill to amend the Real ID Act of dress the emergency in Syria, and for other Waters of the United States Rule should be 2005 to repeal provisions requiring uniform purposes; to the Committee on Banking, withdrawn or vacated; to the Committee on State driver’s licenses and State identifica- Housing, and Urban Affairs. Environment and Public Works. tion cards, and for other purposes; to the By Mr. HATCH (for himself, Mrs. FEIN- By Mr. CORNYN (for himself, Mr. Committee on Homeland Security and Gov- STEIN, Mr. CORNYN, Mrs. GILLIBRAND, HATCH, Mr. LEE, Mr. SCOTT, and Mr. ernmental Affairs. Mr. FLAKE, and Ms. KLOBUCHAR): CRUZ): By Mr. FLAKE: S. 139. A bill to implement the use of Rapid S. Res. 13. A resolution recognizing the his- S. 127. A bill to provide provisional pro- DNA instruments to inform decisions about torical importance of Associate Justice Clar- tected presence to qualified individuals who pretrial release or detention and their condi- ence Thomas; to the Committee on the Judi- came to the United States as children; to the tions, to solve and prevent violent crimes ciary. Committee on the Judiciary. and other crimes, to exonerate the innocent, By Mr. GRAHAM (for himself and Mr. By Mr. GRAHAM (for himself, Mr. DUR- to prevent DNA analysis backlogs, and for SCOTT): S. Res. 14. A resolution commending the BIN, Ms. MURKOWSKI, Mrs. FEINSTEIN, other purposes; to the Committee on the Ju- Clemson University Tigers football team for Mr. FLAKE, Mr. SCHUMER, and Ms. diciary. winning the 2017 College Football Playoff HARRIS): By Mr. FLAKE (for himself and Mr. S. 128. A bill to provide provisional pro- MCCAIN): National Championship; considered and tected presence to qualified individuals who S. 140. A bill to amend the White Mountain agreed to. came to the United States as children; to the Apache Tribe Water Rights Quantification f Act of 2010 to clarify the use of amounts in Committee on the Judiciary. ADDITIONAL COSPONSORS By Mr. WICKER (for himself, Mr. the WMAT Settlement Fund; to the Com- SCHATZ, Ms. CANTWELL, and Mr. SUL- mittee on Indian Affairs. S. 21 LIVAN): By Mr. PETERS (for himself, Mr. At the request of Mr. PAUL, the name S. 129. A bill to reauthorize and amend the GARDNER, Mr. BOOKER, and Mr. of the Senator from Idaho (Mr. RISCH) National Sea Grant College Program Act, WICKER): was added as a cosponsor of S. 21, a bill S. 141. A bill to improve understanding and and for other purposes; to the Committee on to amend chapter 8 of title 5, United Commerce, Science, and Transportation. forecasting of space weather events, and for By Ms. BALDWIN: other purposes; to the Committee on Com- States Code, to provide that major S. 130. A bill to require enforcement merce, Science, and Transportation. rules of the executive branch shall against misbranded milk alternatives; to the By Mr. CASEY (for himself and Ms. have no force or effect unless a joint Committee on Health, Education, Labor, and KLOBUCHAR): resolution of approval is enacted into Pensions. S. 142. A bill to expand certain empower- law. By Ms. MURKOWSKI (for herself and ment zone provisions to communities receiv- S. 30 Mr. SULLIVAN): ing a Worker Adjustment and Retraining No- At the request of Mrs. FEINSTEIN, the S. 131. A bill to provide for the exchange of tification Act notice, and for other purposes; certain National Forest System land and to the Committee on Finance. name of the Senator from Washington non-Federal land in the State of Alaska, and By Mr. CASEY (for himself, Mr. (Mrs. MURRAY) was added as a cospon- for other purposes; to the Committee on En- MORAN, Mr. BLUNT, Mr. COONS, and sor of S. 30, a bill to extend the civil ergy and Natural Resources. Mr. KAINE): statute of limitations for victims of By Mr. CRAPO (for himself, Mr. LEE, S. 143. A bill to amend the Internal Rev- Federal sex offenses. Mr. RISCH, and Mr. RUBIO): enue Code of 1986 to allow a credit against S. 68 S. 132. A bill to amend title 54, United income tax for amounts paid by a spouse of At the request of Mr. CRUZ, the name States Code, to provide for congressional and a member of the Armed Forces for a new State approval of national monuments and State license or certification required by of the Senator from Wisconsin (Mr. restrictions on the use of national monu- reason of a permanent change in the duty JOHNSON) was added as a cosponsor of ments; to the Committee on Energy and Nat- station of such member to another State; to S. 68, a bill to require the Secretary of ural Resources. the Committee on Finance. State to submit a report to Congress By Mr. BURR: By Mr. CASEY (for himself and Mrs. on the designation of the Muslim S. 133. A bill to authorize appropriations MURRAY): Brotherhood as a foreign terrorist or- for fiscal year 2017 for intelligence and intel- S. 144. A bill to amend the Internal Rev- ganization, and for other purposes. ligence-related activities of the United enue Code of 1986 to provide for the estab- S. 87 States Government, the Community Man- lishment of Promise Zones; to the Com- agement Account, and the Central Intel- mittee on Finance. At the request of Mr. TOOMEY, the ligence Agency Retirement and Disability By Mr. HELLER: name of the Senator from South Da- System, and for other purposes; to the Select S. 145. A bill to require the Secretary of kota (Mr. ROUNDS) was added as a co- Committee on Intelligence. the Interior and the Secretary of Agriculture sponsor of S. 87, a bill to ensure that

VerDate Sep 11 2014 00:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.014 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S315 State and local law enforcement may State of Montana, from the world-famous By some estimates, Federal Govern- cooperate with Federal officials to pro- Greater Yellowstone Ecosystem to Glacier ment regulations impose over $2 tril- tect our communities from violent National Park to the Cabinet-Yaak Eco- lion in compliance costs—on the Amer- criminals and suspected terrorists who system, to the recreational trails, working ican economy. The cost of complying forests and ranches, and critical drinking are illegally present in the United water supply for Whitefish, and beyond; with all these regulations falls particu- States. (4) made a particularly profound mark on larly heavy on small businesses. S. RES. 6 the preservation of the natural wonders in It is no wonder why many American businesses have shut down or moved At the request of Mr. RUBIO, the and near the Madison Valley and the Madi- overseas. How many innovators names of the Senator from Ohio (Mr. son Range, Montana, where more than 12 miles of the Madison River and much of the dreamed of starting a small business BROWN) and the Senator from Nevada world-class scenery, fish and wildlife, and but decided against it when faced with (Ms. CORTEZ MASTO) were added as co- recreation opportunities of the area have be- the burden and uncertainty of our reg- sponsors of S. Res. 6, a resolution ob- come and shall remain conserved and avail- ulatory state? jecting to United Nations Security able to the public because of his efforts; We have to do better. Council Resolution 2334 and to all ef- (5) inspired others with his skill, passion, The Federal Government should do forts that undermine direct negotia- and spirit of partnership that brought to- everything possible to promote job cre- tions between Israel and the Palestin- gether communities, landowners, sportsmen, ation. To accomplish that, common and the public at large; ians for a secure and peaceful settle- sense would tell us that the govern- ment. (6) lost a heroic battle with cancer on Feb- ruary 1, 2016, at the age of 52; ment needs to remove bureaucratic AMENDMENT NO. 9 (7) is survived by his wife, Lisa, and their barriers rather than put up new ones. At the request of Ms. KLOBUCHAR, the 2 sons, Logan and Liam; and But as we all know, the Obama ad- name of the Senator from Florida (Mr. (8) leaves a lasting legacy across Montana ministration showed time and again NELSON) was added as a cosponsor of and the Northern Rockies that will benefit that it would rather push forward with amendment No. 9 intended to be pro- all people of the United States in our time its regulatory agenda than ease the posed to S. Con. Res. 3, a concurrent and in the generations to follow. burden on our economy and job cre- resolution setting forth the congres- SEC. 3. DESIGNATION OF ALEX DIEKMANN PEAK, ators. MONTANA. Adding insult to injury, the Obama sional budget for the United States (a) IN GENERAL.—The unnamed 9,765-foot Government for fiscal year 2017 and peak located 2.2 miles west-northwest of Fin- administration often kept folks in the setting forth the appropriate budgetary ger Mountain on the western boundary of the dark about new regulatory initiatives. Through secretive litigation tactics, levels for fiscal years 2018 through 2026. Lee Metcalf Wilderness, Montana (UTM co- ordinates Zone 12, 457966 E., 4982589 N.), shall the administration took end-runs f be known and designated as ‘‘Alex Diekmann around our nation’s transparency and STATEMENTS ON INTRODUCED Peak’’. accountability laws. It is a strategy (b) REFERENCES.—Any reference in a law, BILLS AND JOINT RESOLUTIONS known as sue-and-settle, and regu- map, regulation, document, record, or other lators have been using it to speed up By Mr. DAINES (for himself and paper of the United States to the peak de- scribed in subsection (a) shall be considered rulemaking and keep the public away Mr. TESTER): to be a reference to ‘‘Alex Diekmann Peak’’. from the table when key policy deci- S. 117. A bill to designate a mountain sions are made. peak in the State of Montana as ‘‘Alex By Mr. GRASSLEY (for himself, Sue-and-settle typically follows a Diekmann Peak’’; to the Committee on Mr. BLUNT, Mr. INHOFE, Mr. similar pattern. Energy and Natural Resources. CORNYN, Mr. CRUZ, Mrs. FISCH- First, an interest group files a law- Mr. DAINES. Mr. President, I ask ER, Mr. RUBIO, Mr. FLAKE, Mr. suit against a federal agency, claiming unanimous consent that the text of the HATCH, and Mr. TILLIS): that the agency has failed to take a bill be printed in the RECORD. S. 119. A bill to impose certain limi- certain regulatory action by a statu- There being no objection, the text of tations on consent decrees and settle- tory deadline. The interest group seeks the bill was ordered to be printed in ment agreements by agencies that re- to compel the agency to take action by the RECORD, as follows: quire the agencies to take regulatory a new, often-rushed deadline. All too S. 117 action in accordance with the terms often, the plaintiff-interest group will Be it enacted by the Senate and House of Rep- thereof, and for other purposes; to the be one that shares a common regu- resentatives of the United States of America in Committee on the Judiciary. latory agenda with the agency that it Congress assembled, Mr. GRASSLEY. Mr. President, for sues, such as when an environmental SECTION 1. SHORT TITLE. too long, American families, farmers, group sues the Environmental Protec- This Act may be cited as the ‘‘Alex and job creators have suffered under tion Agency, EPA. Diekmann Peak Designation Act of 2017’’. President Obama’s regulatory on- Next, the agency and interest group SEC. 2. FINDINGS. slaught. His administration threw cau- enter into negotiations behind closed Congress finds that Alex Diekmann— tion to wind, pumping out regulation doors to produce either a settlement (1) was a loving father of two and an ador- after regulation and further entangling agreement or consent decree that com- ing husband who lived in Bozeman, Montana, the government into Americans’ daily mits the agency to satisfy the interest where he was a renowned conservationist lives. group’s demands. The agreement is who dedicated his career to protecting some In November, the American people then approved by a court, binding exec- of the most outstanding natural and scenic issued a strong rebuke to President utive discretion. resource areas of the Northern Rockies; Obama’s overreach and his administra- Noticeably absent from these nego- (2) was responsible during his unique con- tion’s way of doing business. tiations, however, are the very parties servation career for the protection of more who will be most impacted by the re- than 50 distinct areas in the States of Mon- They want a new direction. They tana, Wyoming, and Idaho, conserving for want more accountability. They want sulting regulations. the public over 100,000 acres of iconic moun- more transparency. They want the gov- Sue-and-settle tactics undermine tains and valleys, rivers and creeks, ranches ernment off their backs so that they transparency, public accountability, and farms, and historic sites and open can get back to making this country and the quality of public policy. They spaces; great again. can have sweeping consequences. For (3) played a central role in securing the fu- President-elect Trump has com- example, the Obama administration’s ture of an array of special landscapes, in- mitted to working with Congress to so-called Clean Power Plan, which is cluding— roll back the regulatory overreach of the most expensive regulation ever to (A) the spectacular Devil’s Canyon in the the Obama administration, and to be imposed on the energy industry, Craig Thomas Special Management Area in making the government more answer- arose out of a sue-and-settle arrange- the State of Wyoming; (B) crucial fish and wildlife habitat and able to the people. ment. recreation access land in the Sawtooth So, I rise today to introduce an im- These tactics also undermine con- Mountains of Idaho, along the Salmon River, portant piece of legislation that will gressional intent. and near the Canadian border; and help achieve these goals and ensure a The Administrative Procedure Act, (C) diverse and vitally important land all more accountable and transparent gov- APA, which has been called the citi- across the Crown of the Continent in the ernment going forward. zens’ ‘‘regulatory bill of rights,’’ was

VerDate Sep 11 2014 00:50 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.017 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S316 CONGRESSIONAL RECORD — SENATE January 12, 2017 enacted to ensure transparency and ac- agreements at least 60 days before they Montanans are fully aware of the countability in the regulatory process. can be filed with a court. This provides power that big data holds and the con- A key protection is the notice-and- a valuable opportunity for the public sequences when that data is abused. comment process, which requires agen- to weigh-in, which will increase ac- Montana has shown how States are cies to provide notice of proposed regu- countability in the rulemaking proc- best equipped to make licenses secure, lations and to respond to comments ess. without sacrificing the privacy and submitted by the public. The bill makes it easier for affected rights of their citizens. The Repeal ID Rulemaking through sue-and-settle, parties, such as States and businesses, Act will allow us to strike a balance however, frequently results in re- to intervene in these lawsuits and set- that protects our national security, aligned agency agendas and short dead- tlement negotiations to ensure that while also safeguarding Montanans’ lines for regulatory action. This makes their interests are properly rep- civil liberties and personal privacy. the notice-and-comment process a resented. It requires the Attorney Gen- I want to thank Senators PAUL and mere formality. It deprives regulated eral to certify to a court that he or she TESTER for being original cosponsors of entities, the States and the general has personally approved of the terms of this bill and I ask my other Senate col- public of sufficient time to have any certain proposed consent decrees or leagues to join us in support of this meaningful input. settlement agreements. And it requires legislation. The resulting regulatory action is courts to consider whether the terms of Mr. President, I ask unanimous con- driven not by the public interest, but a proposed agreement are contrary to sent that the text of the bill be printed by special interest priorities, and can the public interest. in the RECORD. come as a complete surprise to those The bill also makes it easier for suc- There being no objection, the text of most affected by it. ceeding administrations to modify a the bill was ordered to be printed in Sue-and-settle litigation also helps prior administration’s consent decrees. the RECORD, as follows: agencies avoid accountability. Instead That way, one administration won’t be S. 126 of having to answer to the public for forced to continue the regulatory ex- Be it enacted by the Senate and House of Rep- controversial regulations and policy cesses of another. resentatives of the United States of America in decisions, agency officials can just The Sunshine for Regulatory Decrees Congress assembled, point to a court order entering the and Settlements Act will shine light on SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Repeal ID agreement and say that they were re- the problem of sue-and-settle. It will Act of 2017’’. quired to take action under its terms. help rein in backroom rulemaking, en- SEC. 2. REPEAL OF REQUIREMENTS FOR UNI- We should also keep in mind that courage the appropriate use of consent FORM STATE DRIVER’S LICENSES these agreements can have lasting im- decrees and settlements, and reinforce AND STATE IDENTIFICATION CARDS. pacts on the ability of future adminis- the procedures that Congress laid out (a) REPEAL.—Title II of the Real ID Act of trations to take a different policy ap- decades ago to ensure a transparent 2005 (division B of Public Law 109–13) is proach—such as to remove regulatory amended by striking sections 201 through 205 and accountable regulatory process. (49 U.S.C. 30301 note). burdens on farmers. Not only does this I thank my colleagues for their sup- (b) CONFORMING AMENDMENTS.— raise serious concerns about bad public port of this bill. (1) CRIMINAL CODE.—Section 1028(a)(8) of policy, it also puts into question the title 18, United States Code, is amended by constitutional impact of one adminis- By Mr. DAINES (for himself, Mr. striking ‘‘false or actual authentication fea- tration’s actions binding the hands of PAUL, and Mr. TESTER): tures’’ and inserting ‘‘false identification its successors. S. 126. A bill to amend the Real ID features’’. Sue-and-settle, and the consequences Act of 2005 to repeal provisions requir- (2) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.— that come from such tactics, is not a ing uniform State driver’s licenses and (A) IN GENERAL.—Subtitle B of title VII of new phenomenon. Evidence of sue-and- State identification cards, and for the Intelligence Reform and Terrorism Pre- settle tactics and closed-door rule- other purposes; to the Committee on vention Act of 2004 (Public Law 108–458) is making can be found in nearly every Homeland Security and Governmental amended by inserting after section 7211 the administration over the previous few Affairs. following: decades. Mr. DAINES. Mr. President, in 2005, ‘‘SEC. 7212. DRIVER’S LICENSES AND PERSONAL But without a doubt, there was an the Federal Government enacted the IDENTIFICATION CARDS. alarming increase under the Obama ad- REAL ID Act, imposing Federal stand- ‘‘(a) DEFINITIONS.—In this section: ards established by the Department of ‘‘(1) DRIVER’S LICENSE.—The term ‘driver’s ministration. The U.S. Chamber of license’ means a motor vehicle operator’s li- Commerce found that just during Homeland Security to the process and cense (as defined in section 30301(5) of title President Obama’s first term, 60 Clean production of the issuance of States’ 49, United States Code). Air Act lawsuits against the EPA were driver’s licenses and identification ‘‘(2) PERSONAL IDENTIFICATION CARD.—The resolved through consent decrees or cards. term ‘personal identification card’ means an settlement agreements. This law was an underfunded, top identification document (as defined in sec- And since 2009, sue-and-settle cases down, Federal mandate, infringing on tion 1028(d)(3) of title 18, United States Code) against the EPA have imposed at least personal privacy, increasing the per- that has been issued by a State. ‘‘(b) STANDARDS FOR ACCEPTANCE BY FED- sonal information susceptible to cyber- $13 billion in annual regulatory costs. ERAL AGENCIES.— But we now have an opportunity to attacks, and undermining State sov- ‘‘(1) IN GENERAL.— curb these abuses, and an incoming ad- ereignty. Furthermore, a REAL ID ‘‘(A) LIMITATION ON ACCEPTANCE.—No Fed- ministration that has committed to compliant State ID will be required for eral agency may accept, for any official pur- reining in the regulators. all ‘‘official federal purposes,’’ includ- pose, a driver’s license or personal identifica- That is why today I am introducing ing boarding commercial aircraft, im- tion card newly issued by a State more than the Sunshine for Regulatory Decrees peding the movement of American citi- 2 years after the promulgation of the min- imum standards under paragraph (2) unless and Settlements Act. Senators BLUNT, zens. Montana led opposition to this Fed- the driver’s license or personal identification INHOFE, CORNYN, CRUZ, FISCHER, RUBIO, card conforms to such minimum standards. FLAKE, HATCH, and TILLIS are cospon- eral mandate. In 2007, Montana enacted ‘‘(B) DATE FOR CONFORMANCE.—The Sec- sors of this important bill. And I’m a law, after both chambers of the State retary of Transportation, in consultation pleased that Representative DOUG COL- legislature unanimously passing legis- with the Secretary of Homeland Security, LINS introduced a companion bill today lation, refusing to comply. shall establish a date after which no driver’s in the House. That is why I am reintroducing the license or personal identification card shall The Sunshine bill increases trans- Repeal ID Act—to allow Montana and be accepted by a Federal agency for any offi- parency by shedding light on sue-and- other States to implement their laws, cial purpose unless such driver’s license or settle tactics. It requires agencies to protecting their sovereignty and citi- personal identification card conforms to the minimum standards established under para- publish sue-and-settle complaints in a zens’ information. Consistent with the graph (2). The date shall be as early as the readily accessible manner. Montana State legislature, this legisla- Secretary determines it is practicable for It requires agencies to publish pro- tion will repeal the REAL ID Act of the States to comply with such date with posed consent decrees and settlement 2005. reasonable efforts.

VerDate Sep 11 2014 00:50 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.021 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S317 ‘‘(C) STATE CERTIFICATION.— fication cards issued by all States must con- other purposes; to the Committee on ‘‘(i) IN GENERAL.—Each State shall certify form; and Commerce, Science, and Transpor- to the Secretary of Transportation that the ‘‘(E) shall include procedures and require- tation. State is in compliance with the require- ments to protect the privacy rights of indi- Mr. NELSON. Mr. President, fraudu- ments of this section. viduals who apply for and hold driver’s li- lent and abusive phone scams plague ‘‘(ii) FREQUENCY.—Certifications under censes and personal identification cards. thousands of Americans each year. clause (i) shall be made at such intervals and ‘‘(4) NEGOTIATED RULEMAKING.— in such a manner as the Secretary of Trans- ‘‘(A) IN GENERAL.—Before publishing the These deceitful practices cause serious portation, with the concurrence of the Sec- proposed regulations required by paragraph financial harm to victims, and have retary of Homeland Security, may prescribe (2) to carry out this title, the Secretary of even led to tragedy in a few cases. Both by regulation. Transportation shall establish a negotiated the Committee on Commerce, Science, ‘‘(iii) AUDITS.—The Secretary of Transpor- rulemaking process pursuant to subchapter and Transportation, where I serve as tation may conduct periodic audits of each IV of chapter 5 of title 5, United States Code Ranking Member, and the Special State’s compliance with the requirements of (5 U.S.C. 561 et seq.). Committee on Aging, where I pre- this section. ‘‘(B) REPRESENTATION ON NEGOTIATED RULE- viously served as Chairman, have ex- ‘‘(2) MINIMUM STANDARDS.—Not later than MAKING COMMITTEE.—Any negotiated rule- plored the continuing severe impact of 18 months after the date of the enactment of making committee established by the Sec- this Act, the Secretary of Transportation, in retary of Transportation pursuant to sub- these scams. Consumers continue to consultation with the Secretary of Homeland paragraph (A) shall include representatives lose millions of dollars each year to Security, shall establish, by regulation, min- from— fraudulent phone scams, many of which imum standards for driver’s licenses or per- ‘‘(i) among State offices that issue driver’s originate from other countries. And sonal identification cards issued by a State licenses or personal identification cards; the impacts of these scams are very for use by Federal agencies for identification ‘‘(ii) among State elected officials; real to the consumers who suffer. Ac- purposes that shall include— ‘‘(iii) the Department of Homeland Secu- cording to an October 2015 press report ‘‘(A) standards for documentation required rity; and from CNN, one poor soul took his life as proof of identity of an applicant for a ‘‘(iv) among interested parties. driver’s license or personal identification earlier that year after being tricked ‘‘(C) TIME REQUIREMENT.—The process de- into spending thousands of dollars in a card; scribed in subparagraph (A) shall be con- ‘‘(B) standards for the verifiability of docu- ducted in a timely manner to ensure that— vain attempt to collect on his winnings ments used to obtain a driver’s license or ‘‘(i) any recommendation for a proposed in the Jamaican lottery—winnings personal identification card; rule or report is provided to the Secretary of that were non-existent because it was ‘‘(C) standards for the processing of appli- Transportation not later than 9 months after all a scam perpetrated by phone-based cations for driver’s licenses and personal the date of enactment of this Act and shall fraudsters. identification cards to prevent fraud; include an assessment of the benefits and Nearly all of us have trained our- ‘‘(D) standards for information to be in- costs of the recommendation; and selves to ignore phone calls and text cluded on each driver’s license or personal ‘‘(ii) a final rule is promulgated not later identification card, including— messages from numbers that are not than 18 months after the date of enactment ‘‘(i) the person’s full legal name; familiar to us. But these sophisticated of this Act. ‘‘(ii) the person’s date of birth; ‘‘(c) GRANTS TO STATES.— scammers know that—and have ‘‘(iii) the person’s gender; ‘‘(1) ASSISTANCE IN MEETING FEDERAL changed their tactics. Scammers today ‘‘(iv) the person’s driver’s license or per- STANDARDS.—Beginning on the date a final impersonate government institutions, sonal identification card number; regulation is promulgated under subsection promote fraudulent lottery schemes, ‘‘(v) a digital photograph of the person; (b)(2), the Secretary of Transportation shall ‘‘(vi) the person’s address of principal resi- and tailor their calls to individuals in award grants to States to assist them in con- dence; and order to coerce victims into paying forming to the minimum standards for driv- ‘‘(vii) the person’s signature; large sums of money. Many scammers er’s licenses and personal identification ‘‘(E) standards for common machine-read- use spoofing technology to manipulate cards set forth in the regulation. able identity information to be included on caller ID information and trick con- ‘‘(2) ALLOCATION OF GRANTS.—The Sec- each driver’s license or personal identifica- retary of Transportation shall award grants sumers into believing that these calls tion card, including defined minimum data to States under this subsection based on the are local or come from trusted institu- elements; proportion that the estimated average an- tions. ‘‘(F) security standards to ensure that nual number of driver’s licenses and personal In 2009, I introduced the Truth in driver’s licenses and personal identification cards are— identification cards issued by a State apply- Caller ID Act to prohibit caller ID ‘‘(i) resistant to tampering, alteration, or ing for a grant bears to the average annual spoofing when it is used to defraud or counterfeiting; and number of such documents issued by all harm consumers. That law provided ‘‘(ii) capable of accommodating and ensur- States. important tools for law enforcement ing the security of a digital photograph or ‘‘(3) MINIMUM ALLOCATION.—Notwith- and the Federal Communications Com- standing paragraph (2), each State shall re- other unique identifier; and mission, FCC, to go after fraudsters ‘‘(G) a requirement that a State confiscate ceive not less than 0.5 percent of the grant funds made available under this subsection. and crack down on these phone scams. a driver’s license or personal identification I was pleased when my Congressional card if any component or security feature of ‘‘(d) EXTENSION OF EFFECTIVE DATE.—The the license or identification card is com- Secretary of Transportation may extend the colleagues joined with me to pass that promised. date specified under subsection (b)(1)(A) for legislation and the President signed it up to 2 years for driver’s licenses issued by a ‘‘(3) CONTENT OF REGULATIONS.—The regula- into law. This was a huge win for con- tions required under paragraph (2)— State if the Secretary determines that the sumers and the first step toward end- ‘‘(A) shall facilitate communication be- State made reasonable efforts to comply ing these abusive practices. tween the chief driver licensing official of a with the date under such subsection but was Recognizing the pace at which phone State, an appropriate official of a Federal unable to do so. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— scam technologies evolve, the law di- agency and other relevant officials, to verify There are authorized to be appropriated to rected the FCC to prepare a report to the authenticity of documents, as appro- the Secretary of Transportation for each of Congress outlining what additional priate, issued by such Federal agency or en- the fiscal years 2005 through 2009, such sums tools were needed to curb other forms tity and presented to prove the identity of as may be necessary to carry out this sec- an individual; of spoofing. In 2011, the agency pro- tion.’’. ‘‘(B) may not infringe on a State’s power vided its recommendations to Congress (B) EFFECTIVE DATE.—Section 7212 of the to set criteria concerning what categories of on how to update the law to keep pace Intelligence Reform and Terrorism Preven- individuals are eligible to obtain a driver’s with new spoofing practices, such as tion Act of 2004, as added by subparagraph license or personal identification card from (A), shall take effect as if included in the text messaging scams. that State; original enactment of such Act on December The bill Senators FISCHER, KLO- ‘‘(C) may not require a State to comply 17, 2004. BUCHAR, BLUNT and I have introduced with any such regulation that conflicts with today responds to the FCC’s rec- or otherwise interferes with the full enforce- By Mr. NELSON (for himself, ommendations and builds on the 2010 ment of State criteria concerning the cat- egories of individuals that are eligible to ob- Mrs. FISCHER, Ms. KLOBUCHAR, Act to ensure the law keeps up with tain a driver’s license or personal identifica- and Mr. BLUNT): these spoofing scams. As these scams tion card from that State; S. 134. A bill to expand the prohibi- become increasingly sophisticated, we ‘‘(D) may not require a single design to tion on misleading or inaccurate caller need to make sure that consumer pro- which driver’s licenses or personal identi- identification information, and for tections and tools for law enforcement

VerDate Sep 11 2014 00:50 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.024 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S318 CONGRESSIONAL RECORD — SENATE January 12, 2017 keep up. That is why this legislation is or IP-enabled voice service’’ and inserting (ii) details on how consumers can access so important. ‘‘voice service or a text message sent using a and use the technologies; and The Spoofing Prevention Act of 2017 text messaging service’’; and (B) provide other information that may would extend the current prohibition (C) by striking subparagraph (C) and in- help consumers identify and avoid scams and on caller ID spoofing to text messages, serting the following: other fraudulent activity that rely upon the ‘‘(C) TEXT MESSAGE.—The term ‘text mes- calls coming from outside the United use of misleading or inaccurate caller identi- sage’— fication information. States, and calls from all forms of ‘‘(i) means a message consisting of text, (3) UPDATES.—The Commission shall en- Voice over Internet Protocol services. images, sounds, or other information that is sure that the consumer education materials Additionally, for the first time, this transmitted from or received by a device bill would ensure consumers have ac- that is identified as the transmitting or re- required under paragraph (1) are updated on a regular basis. cess to information on a centralized ceiving device by means of a 10-digit tele- phone number; (4) WEBSITE.—The Commission shall in- FCC website about current tech- clude the consumer education materials de- nologies and other tools available to ‘‘(ii) includes a short message service (commonly referred to as ‘SMS’) message, an veloped under paragraph (1) on its website. protect themselves against spoofing enhanced message service (commonly re- scams. (c) GAO REPORT ON COMBATING THE FRAUD- ferred to as ‘EMS’) message, and a multi- ULENT PROVISION OF MISLEADING OR INAC- Finally, the Act directs the Govern- media message service (commonly referred CURATE CALLER IDENTIFICATION INFORMA- ment Accountability Office, GAO, to to as ‘MMS’) message; and conduct a study to assess government ‘‘(iii) does not include a real-time, 2-way TION.— and private sector work being done to voice or video communication. (1) IN GENERAL.—The Comptroller General of the United States shall conduct a study of curb spoofing scams, as well as what ‘‘(D) TEXT MESSAGING SERVICE.—The term ‘text messaging service’ means a service that the actions the Commission and the Federal new measures, including technological Trade Commission have taken to combat the solutions, could be taken to prevent permits the transmission or receipt of a text message, including a service provided as part fraudulent provision of misleading or inac- spoofed calls from the start. I know in- of or in connection with a voice service. curate caller identification information, and dustry, in cooperation with the FCC ‘‘(E) VOICE SERVICE.—The term ‘voice serv- the additional measures that could be taken through its Robocall Strike Force, al- ice’— to combat such activity. ready is making great strides in this ‘‘(i) means any service that furnishes voice (2) REQUIRED CONSIDERATIONS.—In con- area, and I would expect the GAO to re- communications to an end user using re- ducting the study under paragraph (1), the view that work closely. sources from the North American Numbering Comptroller General shall examine— I urge my colleagues to join Senators Plan or any successor to the North American (A) trends in the types of scams that rely Numbering Plan adopted by the Commission FISCHER, KLOBUCHAR, BLUNT, and me in on misleading or inaccurate caller identifica- under section 251(e)(1); and tion information; supporting the Spoofing Prevention ‘‘(ii) includes transmissions from a tele- (B) previous and current enforcement ac- Act of 2016 to ensure that law enforce- phone facsimile machine, computer, or other ment and consumers have the updated device to a telephone facsimile machine.’’. tions by the Commission and the Federal tools they need to protect against this (3) TECHNICAL AMENDMENT.—Section 227(e) Trade Commission to combat the practices fraudulent activity. And make no mis- of the Communications Act of 1934 (47 U.S.C. prohibited by section 227(e)(1) of the Commu- take, I will press the FCC to continue 227(e)) is amended in the heading by insert- nications Act of 1934 (47 U.S.C. 227(e)(1)); to use its full authority under the ing ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. (C) current efforts by industry groups and Truth in Caller ID Act to stop these (4) REGULATIONS.— other entities to develop technical standards (A) IN GENERAL.—Section 227(e)(3)(A) of the to deter or prevent the fraudulent provision scams, including consideration of tech- Communications Act of 1934 (47 U.S.C. of misleading or inaccurate caller identifica- nical solutions—like call authentica- 227(e)(3)(A)) is amended by striking ‘‘Not tion information, and how such standards tion—to protect consumers. later than 6 months after the date of enact- may help combat the current and future pro- Mr. President, I ask unanimous con- ment of the Truth in Caller ID Act of 2009, vision of misleading or inaccurate caller sent that the text of the bill be printed the Commission’’ and inserting ‘‘The Com- identification information; and in the RECORD. mission’’. (D) whether there are additional actions There being no objection, the text of (B) DEADLINE.—The Commission shall pre- the Commission, the Federal Trade Commis- the bill was ordered to be printed in scribe regulations to implement the amend- sion, and Congress should take to combat ments made by this subsection not later the RECORD, as follows: the fraudulent provision of misleading or in- than 18 months after the date of enactment S. 134 accurate caller identification information. of this Act. (3) REPORT.—Not later than 18 months Be it enacted by the Senate and House of Rep- (5) EFFECTIVE DATE.—The amendments resentatives of the United States of America in made by this subsection shall take effect on after the date of enactment of this Act, the Congress assembled, the date that is 6 months after the date on Comptroller General shall submit to the SECTION 1. SHORT TITLE. which the Commission prescribes regulations Committee on Commerce, Science, and This Act may be cited as the ‘‘Spoofing under paragraph (4). Transportation of the Senate and the Com- Prevention Act of 2017’’. (b) CONSUMER EDUCATION MATERIALS ON mittee on Energy and Commerce of the SEC. 2. DEFINITION. HOW TO AVOID SCAMS THAT RELY UPON MIS- House of Representatives a report on the In this Act, the term ‘‘Commission’’ means LEADING OR INACCURATE CALLER IDENTIFICA- findings of the study conducted under para- the Federal Communications Commission. TION INFORMATION.— graph (1), including any recommendations SEC. 3. SPOOFING PREVENTION. (1) DEVELOPMENT OF MATERIALS.—Not later regarding combating the fraudulent provi- (a) EXPANDING AND CLARIFYING PROHIBITION than 1 year after the date of enactment of sion of misleading or inaccurate caller iden- ON MISLEADING OR INACCURATE CALLER IDEN- this Act, the Commission, in collaboration tification information. TIFICATION INFORMATION.— with the Federal Trade Commission, shall (1) COMMUNICATIONS FROM OUTSIDE THE develop consumer education materials that (d) RULE OF CONSTRUCTION.—Nothing in UNITED STATES.—Section 227(e)(1) of the Com- provide information about— this section, or the amendments made by munications Act of 1934 (47 U.S.C. 227(e)(1)) is (A) ways for consumers to identify scams this section, shall be construed to modify, amended by striking ‘‘in connection with and other fraudulent activity that rely upon limit, or otherwise affect any rule or order any telecommunications service or IP-en- the use of misleading or inaccurate caller adopted by the Commission in connection abled voice service’’ and inserting ‘‘or any identification information; and with— person outside the United States if the re- (B) existing technologies, if any, that a (1) the Telephone Consumer Protection Act cipient of the call is within the United consumer can use to protect against such of 1991 (Public Law 102–243; 105 Stat. 2394) or States, in connection with any voice service scams and other fraudulent activity. the amendments made by that Act; or or text messaging service’’. (2) CONTENTS.—In developing the consumer (2) the CAN–SPAM Act of 2003 (15 U.S.C. (2) COVERAGE OF TEXT MESSAGES AND VOICE education materials under paragraph (1), the 7701 et seq.). SERVICES.—Section 227(e)(8) of the Commu- Commission shall— nications Act of 1934 (47 U.S.C. 227(e)(8)) is (A) identify existing technologies, if any, amended— that can help consumers guard themselves (A) in subparagraph (A), by striking ‘‘tele- against scams and other fraudulent activity communications service or IP-enabled voice that rely upon the use of misleading or inac- service’’ and inserting ‘‘voice service or a curate caller identification information, in- text message sent using a text messaging cluding— service’’; (i) descriptions of how a consumer can use (B) in the first sentence of subparagraph the technologies to protect against such (B), by striking ‘‘telecommunications service scams and other fraudulent activity; and

VerDate Sep 11 2014 00:50 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.030 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 12, 2017 CONGRESSIONAL RECORD — SENATE S319 SUBMITTED RESOLUTIONS possibility of success in a hearing on the Whereas, upon opening, the National Mu- merits of the case: Now, therefore, be it seum of African American History and Cul- Resolved, That it is the sense of the Senate ture (in this preamble referred to as the SENATE RESOLUTION 12—EX- that the final rule of the Administrator of ‘‘Museum’’) is the only national museum de- PRESSING THE SENSE OF THE the Environmental Protection Agency and voted exclusively to the documentation of the Chief of Engineers entitled ‘‘Clean Water African American life, history, and culture; SENATE THAT CLEAN WATER IS Rule: Definition of ‘Waters of the United Whereas the Museum omits the contribu- A NATIONAL PRIORITY, AND States’ ’’ (80 Fed. Reg. 37054 (June 29, 2015)) tion made by Justice Thomas to the United THAT THE JUNE 29, 2015, WATERS should be vacated. States; and OF THE UNITED STATES RULE Whereas the Senate is hopeful that the Mu- SHOULD BE WITHDRAWN OR VA- f seum will reflect that important contribu- CATED SENATE RESOLUTION 13—RECOG- tion: Now, therefore, be it NIZING THE HISTORICAL IMPOR- Resolved, That it is the sense of the Senate Mrs. FISCHER (for herself and Mrs. that— ERNST) submitted the following resolu- TANCE OF ASSOCIATE JUSTICE (1) Associate Justice Clarence Thomas is a tion; which was referred to the Com- CLARENCE THOMAS historically significant African American mittee on Environment and Public Mr. CORNYN (for himself, Mr. who has— Works: HATCH, Mr. LEE, Mr. SCOTT, and Mr. (A) overcome great challenges; (B) served his country honorably for more S. RES. 12 CRUZ) submitted the following resolu- than 35 years; and Whereas the Federal Water Pollution Con- tion; which was referred to the Com- (C) made an important contribution to the trol Act (33 U.S.C. 1251 et seq.) (commonly mittee on the Judiciary: United States, in particular the jurispru- known as the ‘‘Clean Water Act’’) is one of S. RES. 13 dence of the United States; and the most important laws in the United Whereas, in 1948, Clarence Thomas was (2) the life and work of Justice Thomas are States and has led to decades of successful born outside of Savannah, Georgia, in the an important part of the story of African environmental improvements; small community of Pin Point, Georgia; Americans in the United States and should Whereas the success of that Act depends on Whereas Clarence Thomas was born into have a prominent place in the National Mu- consistent adherence to the key principle of poverty and under segregation; seum of African American History and Cul- cooperative federalism, under which the Fed- Whereas, notwithstanding his humble be- ture. eral Government and State and local govern- ginnings and the many impediments he ments all have a role in protecting water re- f faced, Clarence Thomas demonstrated in- sources; credible intellect, discipline, and strength in SENATE RESOLUTION 14—COM- Whereas, in structuring the Federal Water attending and graduating from St. Benedict Pollution Control Act (33 U.S.C. 1251 et seq.) MENDING THE CLEMSON UNI- the Moor Catholic School, St. John Vianney based on the foundation of cooperative fed- VERSITY TIGERS FOOTBALL Minor Seminar, the College of the Holy eralism, Congress left to the States their TEAM FOR WINNING THE 2017 Cross, and Yale Law School; traditional authority over land and water, COLLEGE FOOTBALL PLAYOFF Whereas Clarence Thomas had a distin- including farmers’ fields, nonnavigable, guished legal career with service in State NATIONAL CHAMPIONSHIP wholly intrastate water (including puddles government and all branches of the Federal and ponds), and the allocation of water sup- Mr. GRAHAM (for himself and Mr. Government, including the Senate, the De- plies; SCOTT) submitted the following resolu- partment of Education, the Equal Employ- Whereas compliance with the principle of tion; which was considered and agreed ment Opportunity Commission, and the cooperative federalism requires that any reg- to: United States Court of Appeals for the Dis- ulation defining the term ‘‘waters of the trict of Columbia Circuit; S. RES. 14 United States’’ be promulgated— Whereas, on July 1, 1991, President George Whereas, on Monday, January 9, 2017, the (1) after the establishment of a proper reg- Herbert Walker Bush nominated Clarence Clemson University Tigers football team ulatory baseline for, and an evaluation of the Thomas to be an Associate Justice of the Su- won the 2017 College Football Playoff Na- costs and benefits of, the proposed regu- preme Court of the United States (in this tional Championship (in this preamble re- latory definition of the term; preamble referred to as the ‘‘Supreme ferred to as the ‘‘championship game’’) by (2) in compliance with— Court’’); defeating the University of Alabama by a (A) chapter 6 of title 5, United States Code Whereas Justice Thomas is the second Af- score of 35 to 31 at Raymond James Stadium (commonly known as the ‘‘Regulatory Flexi- rican American to serve on the Supreme in Tampa, Florida; bility Act’’); and Court; Whereas the Tigers finished the champion- (B) the National Environmental Policy Act Whereas, during his quarter century on the ship game with 511 yards of total offense; of 1969 (42 U.S.C. 4321 et seq.); and Supreme Court, Justice Thomas has made a Whereas the victory by the Tigers in the (3) in consultation with States and local unique and indelible contribution to the ju- championship game— governments, including consultation with re- risprudence of the United States; (1) earned Clemson its first national title spect to— Whereas Justice Thomas has propounded a since the 1981 season; and (A) alternative proposals for changing the jurisprudence that seeks to faithfully apply (2) marked the first time that Clemson had regulatory definition of the term; and the original meaning of the text of the Con- beaten a top-ranked team; (B) the impact of the alternative proposals, stitution of the United States; Whereas the head coach of Clemson, Dabo including costs and benefits, on State and Whereas Justice Thomas has brought re- Swinney, has been an outstanding role model local governments and small entities; newed focus to constitutional doctrines that to the Clemson players and the Clemson Whereas, in promulgating the final rule en- the Framers intended to undergird our re- community; titled ‘‘Clean Water Rule: Definition of publican form of government, including fed- Whereas Deshaun Watson gave the best ‘Waters of the United States’ ’’ (80 Fed. Reg. eralism and the separation of powers; performance by a quarterback in a cham- 37054 (June 29, 2015)) (referred to in this pre- Whereas, in fostering this philosophy of pionship game; amble as the ‘‘Waters of the United States law, Justice Thomas reinvigorated not only Whereas Ben Boulware, from Anderson, Rule’’), the Administrator of the Environ- the jurisprudence of the United States, but South Carolina, was named the defensive mental Protection Agency and the Chief of also the democracy of the United States; Most Valuable Player of the championship Engineers— Whereas Justice Thomas has been a re- game; (1) failed to follow the procedural steps de- markably prolific Associate Justice, writing Whereas Hunter Renfrow, a graduate of scribed in the fourth whereas clause; and influential opinions on topics including con- Socastee High School, went from being a (2) claimed broad and expansive jurisdic- stitutional law, administrative law, and civil walk-on player to catching the winning tion that encroaches on traditional State au- rights; touchdown in the championship game; thority and undermines longstanding exemp- Whereas, on August 10, 1846, in the name of Whereas the Clemson University football tions from Federal regulation under the Fed- founding an establishment for the increase team displayed outstanding dedication, eral Water Pollution Control Act (33 U.S.C. and diffusion of knowledge, Congress estab- teamwork, and sportsmanship throughout 1251 et seq.); and lished the Smithsonian Institution as a trust the 2016 collegiate football season in achiev- Whereas, on October 9, 2015, the United to be administered by a Board of Regents ing the highest honor in college football; and States Court of Appeals for the Sixth Cir- and a Secretary of the Smithsonian Institu- Whereas the Tigers have brought pride and cuit— tion; honor to the State of South Carolina: Now, (1) issued a nationwide stay for the Waters Whereas diversity, including intellectual therefore, be it of the United States Rule; and diversity, is a core value of the Smithsonian Resolved, That the Senate— (2) found that the petitioners who re- Institution and the museums of the Smithso- (1) commends the Clemson University Ti- quested that the court vacate the Waters of nian Institution should capitalize on the gers for winning the 2017 College Football the United States Rule have a substantial richness inherent in differences; Playoff National Championship;

VerDate Sep 11 2014 01:49 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A12JA6.027 S12JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S320 CONGRESSIONAL RECORD — SENATE January 12, 2017 (2) recognizes the on-field and off-field the session of the Senate on January motions to reconsider be considered achievements of the players, coaches, and 12, 2017, at 10 a.m. made and laid upon the table with no staff of the Clemson football team; and f intervening action or debate. (3) respectfully requests that the Secretary The PRESIDING OFFICER. Without of the Senate transmit an enrolled copy of UNANIMOUS CONSENT this resolution to— objection, it is so ordered. (A) the President of Clemson University, AGREEMENT—H.R. 72 The resolution (S. Res. 14) was agreed James P. Clements; and Mr. MCCONNELL. Mr. President, I to. (B) the head coach of the Clemson Univer- ask unanimous consent that at 4:15 The preamble was agreed to. sity football team, Dabo Swinney. p.m. on Tuesday, January 17, the Com- (The resolution, with its preamble, is f mittee on Homeland Security and Gov- printed in today’s RECORD under ‘‘Sub- AUTHORITY FOR COMMITTEES TO ernmental Affairs be discharged and mitted Resolutions.’’) MEET the Senate proceed to the consider- f ation of H.R. 72; further, that there be Mr. McCONNELL. Mr. President, I 30 minutes of debate equally divided in ORDERS FOR FRIDAY, JANUARY have four requests for committees to the usual form, and that upon the use 13, 2017, AND TUESDAY, JANUARY meet during today’s session of the Sen- or yielding back of time, the bill be 17, 2017 ate. They have the approval of the Ma- read a third time, and the Senate vote Mr. MCCONNELL. Mr. President, I jority and Minority leaders. on passage of H.R. 72 with no inter- ask unanimous consent that when the Pursuant to rule XXVI, paragraph vening action or debate; finally, that if Senate completes its business today, it 5(a), of the Standing Rules of the Sen- passed, the motion to reconsider be adjourn until 10 a.m., Friday, January ate, the following committees are au- considered made and laid upon the 13, for a pro forma session only, with thorized to meet during today’s session table with no intervening action or de- no business being conducted; further, of the Senate: bate. that when the Senate adjourns on Fri- COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Is there day, January 13, it next convene on Mr. President, I ask unanimous con- objection? Tuesday, January 17, at 3 p.m.; further, sent that the Committee on Armed Without objection, it is so ordered. that following the prayer and pledge, Services be authorized to meet during f the morning hour be deemed expired, the session of the Senate on January the Journal of proceedings be approved 12, 2017, at 9:30 a.m. COMMENDING THE CLEMSON UNI- to date, and the time for the two lead- COMMITTEE ON BANKING, HOUSING, AND URBAN VERSITY TIGERS FOOTBALL ers be reserved for their use later in AFFAIRS TEAM FOR WINNING THE 2017 the day; finally, that following leader Mr. President, I ask unanimous con- COLLEGE FOOTBALL PLAYOFF remarks, the Senate be in a period of sent that the Committee on Banking, NATIONAL CHAMPIONSHIP morning business until 4:15 p.m., with Housing, and Urban Affairs be author- Mr. MCCONNELL. Mr. President, I Senators permitted to speak therein ized to meet during the session of the ask unanimous consent that the Sen- for up to 10 minutes each. Senate on January 12, 2017, at 10 a.m., ate proceed to the consideration of S. The PRESIDING OFFICER. Is there to conduct a hearing entitled ‘‘Nomina- Res. 14, submitted earlier today. objection? tion of Dr. Benajmin Carson To Be Sec- The PRESIDING OFFICER. The Without objection, it is so ordered. retary of the U.S. Department of Hous- clerk will report the resolution by f ing and Urban Development.’’ title. COMMITTEE ON FOREIGN RELATIONS The legislative clerk read as follows: ADJOURNMENT UNTIL 10 A.M. TOMORROW Mr. President, I ask unanimous con- A resolution (S. Res. 14) commending the sent that the Committee on Foreign Clemson University Tigers football team for Mr. MCCONNELL. Mr. President, if Relations be authorized to meet during winning the 2017 College Football Playoff there is no further business to come be- the session of the Senate on January National Championship. fore the Senate, I ask unanimous con- 12, 2017, at 12 p.m. There being no objection, the Senate sent that it stand adjourned under the SELECT COMMITTEE ON INTELLIGENCE proceeded to consider the resolution. previous order. Mr. President, I ask unanimous con- Mr. MCCONNELL. I ask unanimous There being no objection, the Senate, sent that the Select Committee on In- consent that the resolution be agreed at 5:38 p.m., adjourned until Friday, telligence be authorized to meet during to, the preamble be agreed to, and the January 13, 2017, at 10 a.m.

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RECOGNIZING STEVE SPEAR Heather left the Georgetown Law Center to Whether it was fighting against torture and the join the staff of the House Committee on the use of secret evidence, partisan attacks HON. PETER J. ROSKAM Judiciary in 2007. She was instrumental in against Secretary of State Hillary Clinton on OF ILLINOIS working to pass the Americans with Disabil- the Benghazi investigation, or anti-choice par- IN THE HOUSE OF REPRESENTATIVES ities Amendments Act to ensure that Ameri- tisans who tried to intimidate doctors working Thursday, January 12, 2017 cans with disabilities have the same protec- on women’s health issues. tions as every other American. During her ten- Heather is a true champion of civil rights Mr. ROSKAM. Mr. Speaker, I am pleased to ure on the Committee, she worked with Con- and civil liberties and of the Constitution itself rise today to recognize Steve Spear of Carol gressman Nadler to draft the Pregnant Work- and it was truly an honor to work by her side Stream, Illinois, for his outstanding display of ers Fairness Act, which built upon the ADA for these many years. We wish her all the best service for those in need. framework to protect pregnant women who in her future endeavors. On December 31st, Steve completed his an- need simple accommodations to stay in the f nual Reflection Run to raise money for clean workplace throughout their pregnancies. water in Africa through Team World Vision. Perhaps her most indelible legacy on the PERSONAL EXPLANATION Each year, Steve celebrates his New Year’s Judiciary Committee was her work on mar- Eve birthday by running a kilometer for each riage equality. Heather worked with Congress- HON. LUIS V. GUTIE´RREZ year of his life, and is now up to 53, or 32.9 man Nadler to draft and introduce the Respect OF ILLINOIS miles. On his most recent Reflection Run, for Marriage Act to overturn DOMA. She also IN THE HOUSE OF REPRESENTATIVES Steve was joined by 25 other runners and helped draft the congressional amicus brief in their goal was to raise $10,000, enough to the Windsor and Obergefell cases, the two Thursday, January 12, 2017 bring clean water to 200 people. landmark Supreme Court cases that paved the Mr. GUTIE´ RREZ. Mr. Speaker, I was un- In 2013, Steve left his pastoral position at way for marriage equality in the United States. avoidably absent in the House Chamber for Willow Creek Community Church to take on Heather has always been a true champion roll call votes 27 and 30 on Tuesday, January an unbelievable task. He ran from Los Ange- of women’s rights. For the last year, Heather 10, 2017. Had I been present, I would have les to New York, 35 miles a day, 5 days a has served as the Staff Director and General voted ‘‘nay’’ on roll call vote 27 and I would week, for 5 months, and raised $500,000. The Counsel for the Select Investigative Panel, have voted ‘‘yea’’ on roll call vote 30. two days per week he was not running, he where she worked tirelessly to protect the f was addressing congregations across the rights of women, health care providers, and country about the importance of following God researchers. She navigated the Panel through HONORING MR. RICHARD THOMAS and looking out for our fellow man. His Reflec- a difficult and polarized investigation, and as- tion Run teammate, Alex Schorr described his tutely defended the facts and the truth. Heath- HON. MIKE THOMPSON passion for helping others best, saying, ‘‘Ev- er’s command of House procedures and rules OF CALIFORNIA erything Steve does is incredible and inspira- helped to ensure that the views of the Demo- IN THE HOUSE OF REPRESENTATIVES tional, everything from the Reflection Runs to cratic Members were represented at every Thursday, January 12, 2017 running across the country. It’s never about step, and she was instrumental in the Panel’s him. It’s always about those he’s running on ultimate findings and report. She vigorously Mr. THOMPSON of California. Mr. Speaker, behalf of.’’ fought on behalf of women’s right to access I, along with Congressman HUFFMAN, rise Steve has demonstrated exceptional charity reproductive health care services, and her bril- today to honor Richard Thomas, the recipient and service, and I am proud to represent him. liant legal analysis and oversight acumen were of the 2017 Nick Frey Community Contribution He is a leader and role model for all Ameri- invaluable to the Panel. Award. This award was established by the cans. Mr. Speaker, please join me in com- Heather has never been afraid to go head Sonoma County Winegrape Commission in mending Steve Spear for his extraordinary to head with those who would threaten the 2013 to recognize members of our community commitment to those around the world who rights enshrined in our Constitution. During the who have made important contributions to need our help the most. Bush Administration, Heather worked to ex- grape growing. f pose illegal interrogation tactics and other A Sonoma County native, Mr. Thomas grad- IN RECOGNITION OF HEATHER human rights abuses. She helped Congress- uated from Santa Rosa High School, where he SAWYER AND HER SERVICE TO man Nadler write the State Secrets Protection was an award-winning member of the Future THE HOUSE OF REPRESENTA- Act and legislation to protect the privacy of Farmers of America. He studied agriculture at TIVES electronic communications. the University of California, Davis, before Heather is a bright, strategic, and im- going on to work as a vocational agriculture HON. JOHN CONYERS, JR. mensely skilled attorney who has never faced instructor at Healdsburg High School and live- a challenge she could not meet. She dedi- stock manager of the Sonoma County Fair. OF MICHIGAN cated more than two years of her public serv- Mr. Thomas saw Sonoma County’s potential IN THE HOUSE OF REPRESENTATIVES ice as the Chief Counsel for the Select Com- for viticulture and became an instructor at Thursday, January 12, 2017 mittee on Benghazi. In that role, she fought to Santa Rosa Junior College, where he taught Mr. CONYERS. Mr. Speaker, I, along with defend the truth, expose procedural excesses, thousands of vineyard owners and workers Representative JERROLD NADLER of New York, and to provide serious and substantive rec- throughout his 28 year career. He enjoys shar- Representative ELIJAH E. CUMMINGS of Mary- ommendations to improve the safety and se- ing that ‘‘God put Sonoma County on earth for land, and Representative JANICE D. SCHA- curity of Americans serving our country over- one reason: to produce great wines.’’ His past KOWSKY of Illinois, would like to thank Heather seas. The Members she has served, the staff students are now at the helm of many of the Sawyer for a decade of service to the House who have worked beside her, and the institu- great viticulture operations in our Sonoma of Representatives. Heather Sawyer is a bril- tion as a whole are better because of Heather. County wine community today. liant legal mind and incredible litigator. Her On the most sensitive issues of the day, Mr. Thomas is a life-long learner and educa- calm, clear-eyed professionalism has been in- Heather worked side by side with Members of tor. After taking a sabbatical to study wine strumental in protecting the rights of the Judiciary Committee to ensure that the trellising in New Zealand and Australia, he marginalized Americans, including Americans government adhered to the Constitution and brought the skills he acquired back to with disabilities, the LGBTQ community, peo- respected the basic human and legal rights of winegrowers in California, helping to shape ple of color, and women. As a senior and all people. Running through all of this work is the look of Sonoma County Vineyards. He has trusted counsel, she helped to roll back the Heather’s uncompromising sense of justice. lectured in the United States and around the worst civil rights abuses of the post-9/11 era. She simply will not shy away from a fight. world, sharing his mastery of grape growing.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 04:01 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JA8.001 E12JAPT1 smartinez on DSK3GLQ082PROD with REMARKS E56 CONGRESSIONAL RECORD — Extensions of Remarks January 12, 2017 He is the founder of the Sonoma County Assuming Texas premiums grew in line with 4,960 times Texas Medicare beneficiaries Grape Growers Association and the Sonoma the national average in 2016, family premiums avoided an unnecessary return to the hospital County Vineyard Technical Group, which sup- in Texas are $5,400 lower today than if growth in 2015. port our community by discussing and imple- had matched the pre-ACA decade. More coordinated care: The ACA encour- menting the best practices in grape produc- (5) Better value through the 80/20 rule: aged groups of doctors, hospitals, and other tion. Because of the ACA, health insurance com- health care providers to come together to pro- Mr. Speaker, Richard Thomas has been a panies must spend at least 80 cents of each vide coordinated high-quality care to the Medi- leader in the transformation of Sonoma Coun- premium dollar on health care or care im- care patients they serve. 37 Accountable Care ty into some of the best of Wine Country. He provements, rather than administrative costs Organizations (ACOs) in Texas now offer is respected as a world-class educator and like salaries or marketing, or else give con- Medicare beneficiaries the opportunity to re- our Sonoma community considers him the sumers a refund;. ceive higher quality, more coordinated care. Dean of Sonoma County grape production. Texans with employer coverage have re- Now is not the time to undermine or slow Therefore, it is fitting and proper that we honor ceived $20,082,448 in insurance refunds since the ability of our insurance providers to ad- him here today and congratulate him on this 2012. dress growing threats and active cases of well-deserved award. With respect to Medicaid, 4,770,229 people Americans’ health crises. f in Texas are covered by Medicaid or the Chil- Accordingly, I urge all Members to join me dren’s Health Insurance Program, including in protecting the gains achieved by the Afford- IN CELEBRATION OF THE LIVES 3,512,929 children and 374,617 seniors and able Healthcare Act. IMPROVED BY THE AFFORDABLE people with disabilities covered by both Med- f CARE ACT IN TEXAS icaid and Medicare. The ACA expanded Medicaid eligibility and PERSONAL EXPLANATION HON. SHEILA JACKSON LEE strengthened the program for those already el- OF TEXAS igible. HON. XAVIER BECERRA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES An estimated 1,107,000 Texans could have health insurance today if Texas expanded IN THE HOUSE OF REPRESENTATIVES Thursday, January 12, 2017 Medicaid under the ACA. Thursday, January 12, 2017 Ms. JACKSON LEE. Mr. Speaker, as a sen- Coverage improves access to care, financial Mr. BECERRA. Mr. Speaker, I was unable ior member of both the Judiciary Committee security, and health; expansion would result in to cast my floor votes on January 10 and 11, and the Homeland Security Committee, I rise an estimated 127,000 more Texans getting all 2017. in celebration of the over 1 million Texans who needed care, 157,400 fewer Texans struggling Had I been present for the votes, I would have gained healthcare coverage under the to pay medical bills, and 1,330 avoided deaths have voted ‘‘no’’ on roll call vote number 26, Affordable Health Care Act, and the millions of each year. ‘‘no’’ on roll call vote number 27, ‘‘no’’ on roll Americans more whose lives have been expo- 406,000 Texans, or an estimated 23 percent call vote number 28, ‘‘yes’’ on roll call vote nentially improved by access to substantial in- of those who could gain Medicaid coverage number 29, ‘‘yes’’ on roll call vote number 30, creases in life-saving coverage. through expansion, have a mental illness or ‘‘no’’ on roll call vote number 31, ‘‘yes’’ on roll The data show that the uninsured rate in substance use disorder. call vote number 34, ‘‘no’’ on roll call vote Texas has fallen by 28 percent since the Af- Texas could be saving millions in uncom- number 35, ‘‘no’’ on roll call vote number 36, fordable Care Act (ACA) was enacted in 2010, pensated care costs. Instead of spending $1 ‘‘yes’’ on roll call vote number 37, ‘‘yes’’ on roll translating into 1,781,000 Texans gaining cov- billion on uncompensated care, which in- call vote number 38, ‘‘yes’’ on roll call vote erage. creases costs for everyone, Texas could be number 39, ‘‘yes’’ on roll call vote number 40, In addition to residents who would otherwise getting $5 billion in federal support to provide ‘‘yes’’ on roll call vote number 41, ‘‘yes’’ on roll be uninsured, millions more Texans with em- low-income adults with much needed care. call vote number 42, ‘‘yes’’ on roll call vote Children, people with disabilities, and sen- ployer, Medicaid, individual market, or Medi- number 43, ‘‘yes’’ on roll call vote number 44, iors can more easily access Medicaid cov- care coverage have also benefited from new and ‘‘no’’ on roll call vote number 45. protections as a result of the law. erage. The ACA streamlined Medicaid eligi- With respect to employer coverage, bility processes, eliminating hurdles so that f 13,709,000 people in Texas are covered vulnerable Texans could more easily access TEXAN VICTOR LOVELADY KILLED through employer-sponsored health plans. and maintain coverage. IN ALGERIAN TERRORIST ATTACK Since the ACA was enacted in 2010, this Texas can better fight opioids. Under the group has seen: ACA, CMS provided technical assistance that HON. TED POE (1) An end to annual and lifetime limits: is giving Texas the opportunity to strengthen OF TEXAS Before the ACA, 7,536,000 Texans with em- Medicaid services for people struggling with IN THE HOUSE OF REPRESENTATIVES ployer or individual market coverage had a opioid abuse or other substance use disorders lifetime limit on their insurance policy. (SUDs). Thursday, January 12, 2017 That meant their coverage could end exactly With respect to Medicare, 3,765,946 people Mr. POE of Texas. Mr. Speaker, January 17 when they needed it most. in Texas are covered by Medicare. The ACA marks the fourth anniversary of the death of The ACA prohibits annual and lifetime limits strengthened the Medicare Trust Fund, ex- Victor Lovelady from Atascocita, Texas. Mr. on policies, so all Texans with employer plans tending its life by over a decade. In addition, Lovelady was killed by al Qaeda terrorists in now have coverage that’s there when they Medicare enrollees have benefited from: Algeria while he was working at a BP gas fa- need it. Lower costs for prescription drugs: Because cility. I rise to tell his story again, as I have (2) Young adults covered until age 26: the ACA is closing the prescription drug donut done on this floor before, because it is a story An estimated 205,000 young adults in hole, 346,750 Texas seniors are saving $366 that reminds us about what it means to be a Texas have benefited from the ACA provision million on drugs in 2015, an average of $1,057 true American hero. that allows kids to stay on their parents’ health per beneficiary. You can learn a lot about a man when trial insurance up to age 26. Free preventive services: The ACA added comes. The trial that came upon Victor (3) Free preventive care: coverage of an annual wellness visit and elimi- Lovelady on January 16, 2013 told us a lot Under the ACA, health plans must cover nated cost-sharing for recommended preven- about who Victor was. Victor had been on the preventive services—like flu shots, cancer tive services such as cancer screenings. In job in Algeria only about a week when terror- screenings, contraception, and mammo- 2015, 1,746,043 Texas seniors, or 72 percent ists stormed the gas plant where he was work- grams—at no extra cost to consumers. of all Texas seniors enrolled in Medicare Part ing. Victor was in a break room when one of This provision benefits 10,278,005 people in B, took advantage of at least one free preven- his coworkers burst through the door, bleeding Texas, most of whom have employer cov- tive service. from a gunshot wound in the stomach. Seeing erage. Fewer hospital mistakes: The ACA intro- the man in need, Victor jumped into action, (4) Slower premium growth: duced new incentives for hospitals to avoid dressing his wound and caring for him. Know- The average premium for Texas families preventable patient harms and avoidable re- ing the terrorists were working their way with employer coverage grew 3.5 percent per admissions. Hospital readmissions for Texas through the plant, Victor helped hide the year from 2010–2015, compared with 8.1 per- Medicare beneficiaries dropped 6 percent be- wounded man in a food container. The gun- cent over the previous decade. tween 2010 and 2015, which translates into shots grew closer. Victor selflessly first helped

VerDate Sep 11 2014 04:01 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JA8.002 E12JAPT1 smartinez on DSK3GLQ082PROD with REMARKS January 12, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E57 other coworkers in the break room climb up PERSONAL EXPLANATION leadership and tireless advocacy for the peo- into a false ceiling. Only after they had ple of Hesperia. I look forward to working climbed into the ceiling did Victor try and do HON. LUIS V. GUTIE´RREZ closely with her in her new role as a member the same but fell. Before he knew it, terrorists OF ILLINOIS of the Hesperia City Council. stormed into the break room and took him IN THE HOUSE OF REPRESENTATIVES hostage. f They tied up his hands and feet. The next Thursday, January 12, 2017 day the terrorists placed a ring of explosives Mr. GUTIE´ RREZ. Mr. Speaker, I was un- CELEBRATING THE LIFE OF around his neck before loading him into a ve- avoidably absent in the House Chamber for TYRUS WONG hicle to take him to another part of the gas roll call vote 32 on Wednesday, January 11, plant. Victor never made it—the terrorists blew 2017. Had I been present, I would have voted HON. TED LIEU him up along the way. ‘‘nay’’ on roll call vote 32. OF CALIFORNIA We may like to think so, but none of us real- f ly know if we would put others before our- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION selves if we were faced with a life or death sit- Thursday, January 12, 2017 uation like Victor was. But we know what Vic- tor did. We know what he chose. In all, Vic- HON. EMANUEL CLEAVER Mr. TED LIEU of California. Mr. Speaker, I tor’s quick thinking and acts of selflessness OF MISSOURI rise today to celebrate the life of Tyrus helped save the lives of four of his coworkers. IN THE HOUSE OF REPRESENTATIVES Wong—father, artist, and an inspirational Selflessness wasn’t something that all of a Thursday, January 12, 2017 American—who passed away on Friday, De- sudden came upon Victor in this moment ei- cember 30, 2016. Mr. CLEAVER. Mr. Speaker, I regrettably ther. It marked him as a man, a brother, a Tyrus was born as Wong Gen Yeo on Octo- husband, and a father. Selflessness was a missed votes on H.R. 5, the Regulatory Ac- countability Act on Wednesday, January 11, ber 25, 1910 in Guangdong Province, China. part of who he was. No, this ultimate trial sim- A decade later, he and his father came to the ply exposed what was already there. Victor 2017. I had intended to vote ‘‘no’’ on Roll Call vote 35, ‘‘no’’ on vote 36, ‘‘yes’’ on vote 37, United States in search of a better economic was a man who lived his life serving others. future. Forced to travel under the false identity So it was only fitting that in his final hours, we ‘‘yes’’ on vote 38, ‘‘yes’’ on vote 39, ‘‘yes’’ on vote 40, ‘‘yes’’ on vote 41, ‘‘yes’’ on vote 42, Look Tai Yow, Tyrus and his father were able were blessed to see one last and heroic act of to overcome the obstacles of the Chinese Ex- selflessness in Victor’s life. ‘‘yes’’ on vote 43, ‘‘yes’’ on vote 44, and ‘‘no’’ on vote 45. clusion Act of 1882 through luck and persever- Victor is survived by his wife, Maureen, and ance. They began in San Francisco, were f his two children, Erin and Grant. To his family separated shortly, but reunited and moved to I want to say that my thoughts and prayers PERSONAL EXPLANATION Sacramento where his teacher Americanized are with you on this painful day. We have not ‘‘Tai Yow’’ to ‘‘Tyrus’’. forgotten your heroic husband and father. HON. JARED HUFFMAN They eventually arrived in Los Angeles, And that’s just the way it is. OF CALIFORNIA where his father taught him art and trained IN THE HOUSE OF REPRESENTATIVES him in calligraphy. While in junior high, Tyrus’s f drawing talent was recognized by a teacher Thursday, January 12, 2017 PERSONAL EXPLANATION who helped him receive a summer scholarship Mr. HUFFMAN. Mr. Speaker, I erroneously to the Otis Art Institute (located in my district) voted ‘‘yes’’ on roll call vote 36, an amend- in Los Angeles. He found his calling and stud- HON. AL GREEN ment to H.R. 5 offered by Mr. Peterson of Min- ied there for five years while working as a jan- OF TEXAS nesota. I intended to vote ‘‘no’’ on the amend- itor before graduating in the 1930s. IN THE HOUSE OF REPRESENTATIVES ment. Among friends, Tyrus founded the Oriental f Artists’ Group of Los Angeles to provide an Thursday, January 12, 2017 HESPERIA PARKS AND RECRE- opportunity for artists to exhibit their work, Mr. AL GREEN of Texas. Mr. Speaker, I ATION BOARD MEMBER RE- which was unparalleled exposure for Asian missed the following votes: BEKAH SWANSON artists during that time. This group was dis- H. Res. 40, Motion on Ordering the Pre- persed, however, during World War II. vious Question on the Rule. Had I been Before joining Disney in 1938, Tyrus was an present, I would have voted ‘‘NO’’ on this bill. HON. PAUL COOK artist for the Works Progress Administration H. Res. 40, Rule Providing for consideration OF CALIFORNIA from 1936 to 1938. Tyrus’s moment came in of both H.R. 78—SEC Regulatory Account- IN THE HOUSE OF REPRESENTATIVES the late 1930s when Disney started working ability Act and H.R. 238—Commodity End- Thursday, January 12, 2017 on the now famous movie Bambi. Inspired by User Relief Act. Had I been present, I would Mr. COOK. Mr. Speaker, I rise today to rec- the landscape paintings of the Song Dynasty, have voted ‘‘NO’’ on this bill. ognize the 10 years of service of outgoing he painted the masterpiece that Bambi be- H.R. 39, TALENT Act of 2017. Had I been Hesperia Parks and Recreation Board Mem- came. While he was unofficially promoted to present, I would have voted ‘‘YES’’ on this bill. ber Rebekah Swanson. Rebekah was elected the rank of inspirational sketch artist, he con- to the Hesperia City Council this past Novem- tributed much more and influenced the movie f ber and is stepping down from her current po- from all aspects. In 1941, Disney fired Tyrus after the em- PERSONAL EXPLANATION sition on the board. Rebekah was first elected to the Hesperia ployees’ strike. From 1942, Tyrus was em- Parks and Recreation Board in 2006. Since ployed at Warner Brothers before he retired in HON. GWEN MOORE that time, Rebekah has vociferously fought to 1968. In retirement, Tyrus continued to create OF WISCONSIN improve the quality of recreation programs art and was famous for building beautiful kites. IN THE HOUSE OF REPRESENTATIVES within the city, culminating in the construction He also created cards for Hallmark and paint- of competition level soccer fields. She also ed Asian-inspired designs on dinnerware. As a Thursday, January 12, 2017 championed better utilization of Hesperia’s testament to Tyrus’s impressive work, Disney Ms. MOORE. Mr. Speaker, on January 11, Civic Park and spearheaded improvements to honored him in 2001 with the prestigious Dis- 2017, I missed three votes in order to attend all of the parks throughout the district. Per- ney Legend. the testimony of my colleagues Sen. BOOKER haps her most impressive achievement was Tyrus is survived by his three daughters, and Rep. LEWIS in opposition to the confirma- that she, along with her colleagues on the Kay Fong, Tai-Ling Wong, and Kim Wong and tion of Sen. SESSIONS for Attorney General. board, accomplished these important projects two grandchildren. I hope his family can rest Had I been present, I would have voted NO without raising taxes or exceeding the district’s knowing his story is an inspiration for all on the Motion on Ordering the Previous Ques- budget. Americans. I ask that my colleagues join me tion, NO on H. Res. 40, and YES on H.R. 39, On behalf of the U.S. House of Representa- in recognizing Tyrus Wong’s incredible and re- the TALENT Act. tives, I would like to thank Rebekah for her silient life.

VerDate Sep 11 2014 04:01 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JA8.005 E12JAPT1 smartinez on DSK3GLQ082PROD with REMARKS E58 CONGRESSIONAL RECORD — Extensions of Remarks January 12, 2017 INTRODUCTION OF THE VETERANS HONORING THE LIFE AND SERVICE surance schemes don’t always compensate EMERGENCY TREATMENT ACT OF VICTOR CORSIGLIA, JR. the internal medicine physician when a patient is hospitalized. But that never stopped Vic HON. DAN NEWHOUSE HON. ZOE LOFGREN from always attending to any patient who was OF WASHINGTON OF CALIFORNIA hospitalized. Vic was always on duty to his pa- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tients and cared about them as human beings. Vic Corsiglia has been a doctor who is real- Thursday, January 12, 2017 Thursday, January 12, 2017 ly obsessive about keeping up with the latest Mr. NEWHOUSE. Mr. Speaker, I rise today Ms. LOFGREN. Mr. Speaker, a mere 62 in medicine and he’s also a physician who to introduce the Veterans Emergency Treat- years ago young Victor Corsiglia Jr. proudly takes the time to thoroughly explore every pa- ment (VET) Act. One of the most important graduated from Stanford Medical School and, tient’s symptoms, to understand just what is functions of our federal government is to sup- in 1956, began a lifetime of practicing medi- going on with a patient. That may be why Vic port and sustain those who have been willing cine. This month, his long practice is ending in Corsiglia is known to have an almost uncanny to sacrifice all they have to defend our nation. retirement. ability to diagnose ailments, even obscure Whenever our government fails to meet this Vic and his wife, Joan, a registered nurse, ones, among his patients. If you don’t know responsibility, swift action must be taken. Far first served their country when Vic served as what’s wrong with you, but you know some- too many stories of our nation’s veterans re- a doctor for the Marines at Camp Pendleton thing is wrong, Vic is the man to see. ceiving inadequate care have plagued the De- right after graduation. In 1961, they made their In the 56 years he has practiced medicine partment of Veterans’ Affairs (VA). My legisla- way back home to San Jose. at the San Jose Medical Clinic, he has saved tion seeks to improve one aspect of treatment Vic and Joan have never been the kind of countless lives and has engendered the grati- for our men and women who have served in people who expect others to do the work. tude and trust of thousands of patients. uniform. The VET Act will ensure every vet- They made immense contributions to our local One of them is me. I am grateful that in De- eran is afforded the highest level of emer- arts world. Vic volunteered for the San Jose cember of 1980 Vic saved my life just as I am gency care at all emergency-capable medical Arts Commission, served as a board member facilities under the jurisdiction of the Depart- grateful that he has helped heal me and my for the San Jose Symphony and, along with family so many times over the years. To say ment of Veterans’ Affairs (VA). Ken Wiener and Barbara Day Turner, founded The VET Act applies the statutory require- we will miss him as a physician does not real- the San Jose Chamber Orchestra. While serv- ments of the Emergency Medical Treatment ly capture the sense of loss all of his patients ing on the San Jose Arts Commission, Vic and Labor Act (EMTALA) to emergency care feel. However, I count myself among the lucky brought together Jim Reber and Clay Feld- provided by the VA to enrolled veterans. because although Vic Corsiglia is retiring from man, who founded the San Jose Repertory EMTALA was enacted by Congress as part of the practice of medicine, he is not retiring from Theatre. Joan was also active with the San the Consolidated Omnibus Budget Reconcili- being my neighbor and my friend. I know that Jose Symphony and was instrumental in re- ation Act of 1985 and is designed to prevent Vic and Joan Corsiglia will have many new storing its auxiliary. It is not an exaggeration to hospitals from transferring, or ‘‘dumping,’’ un- ventures and adventures before them and I say that absent the many contributions of insured or Medicaid patients to public hos- hope to share some of them. pitals. The legislation requires a hospital to Joan and Vic Corsiglia, the artistic life of our Please join me in recognizing Vic and Joan conduct a medical examination to determine if community would have been much poorer. for their decades of service to our community. Joan and Vic also took a great interest in an emergency medical condition exists. If such the overall health of the community. Vic a condition does exist, the hospital is required f to either stabilize the patient or comply with served on the Santa Clara County Mental Health Board for many years. Joan, as a TRIBUTE TO COLONEL PAUL E. the statutory requirements of a proper transfer. BELL If an emergency medical condition still exists neighborhood activist, but also as a nurse who and has not been stabilized, the hospital may understood the need for effective care, worked not transfer the patient unless the patient, for decent care for the mentally ill in group HON. KEN CALVERT after being made aware of the risks, makes a homes. OF CALIFORNIA transfer request in writing or a physician cer- Joan Corsiglia, with Vic by her side, helped IN THE HOUSE OF REPRESENTATIVES found the Campus Community Association tifies that the medical benefits of a transfer Thursday, January 12, 2017 outweigh the risks. (CCA), one of the first active neighborhood as- Mr. CALVERT. Mr. Speaker, I rise today to It has become clear that the VA is not ful- sociations in the city of San Jose. CCA grew honor and pay tribute to Paul Edward Bell, filling the EMTALA directive. All too frequently, to become an effective grassroots organization the policy is to turn down those who try to ac- in the Naglee Park neighborhood, protecting Colonel, U.S. Air Force (Retired), who passed cess an emergency room. In February of the quality of life in this downtown neighbor- away in California on November 16, 2016. 2015, 64-year-old Army veteran Donald hood. The CCA founded the Naglee Park Col. Bell dedicated thirty-three years of his life Siefken, from Kennewick, WA, arrived at the Fourth of July Parade. Before the parade be- to serve in our military and he will be deeply Seattle VA hospital emergency room in severe gins, there is a traditional Coyote Creek Run, missed. pain and with a broken foot that had swollen first initiated by Vic and Mike McDonald. Shortly after his high school graduation, Col. to the size of a football. No longer able to Joan’s civic engagement also included Bell enlisted in the U.S. Army Air Corps as an walk, he requested emergency room staff as- chairing the SJSU Campus-Community Task aviation cadet. During World War II, Col. Bell sist him in traveling the ten feet from his car Force in the 1970s, and working on various served as a B–24 crew member. Throughout to the emergency room. Hospital personnel local political campaigns, including the election the war, he participated in conflicts on the is- promptly hung up on him after stating that he of San Jose’s first female mayor, Janet Gray lands of Morotai, Indonesia and Okinawa, would need to call 911 to assist him at his Hayes. Joan served as an aide for Mayor Japan, as well as in support of the final bomb- own expense. Several minutes later a Seattle Hayes and later for Mayor Susan Hammer. ing offensive in the Pacific. Col. Bell flew 251 fire captain and three firefighters arrived to as- Vic and Joan also made an invaluable con- combat missions amassing 862 combat hours sist him into the emergency room. tribution to local parks when, along with David in fighter, bomber and rotary wing aircraft. His The VET Act will amend current law to re- Pandori and Kathy Muller, Joan helped create awards and decorations included the Legion of move the ‘‘non-participating’’ designation from the Guadalupe River Park Gardens. Merit with four oak leaf clusters, the Distin- VA hospital facilities and statutorily require Vic and Joan raised four children in the guished Flying Cross, and the Air Medal with them to fulfill the requirements of EMTALA. Naglee Park neighborhood, and all four grew eleven oak leaf clusters, just to name some of My commonsense and straightforward legisla- up to follow their parents into careers in the the many medals he received. tion will ensure that every enrolled veteran medical professions. Even after leaving the military, Col. Bell con- who arrives at the emergency department of a What a mark Vic Corsiglia has made as a tinued his public service through his participa- VA medical facility indicating an emergency member of the medical profession. As a lead- tion in numerous community, military support condition exists is assessed and treated in an er of the San Jose Medical Group, he ensured groups and veteran’s organizations. He was a effort to prevent further injury or death. that institutions dedicated to patient well-being member of the Knights of Columbus, the Elks I urge all members to join me in supporting would exist and flourish even after his retire- and the Newcomen Society. He was an area this legislation. We must ensure our veterans ment. vice president for the California Air Force As- are treated fairly and with the respect they de- As a practicing physician, Vic has been a sociation; was on the governing boards of the serve. model of what a doctor should be. Modern in- Silver Eagles, the March Field Air Museum,

VerDate Sep 11 2014 04:01 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JA8.013 E12JAPT1 smartinez on DSK3GLQ082PROD with REMARKS January 12, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E59 the Forum, the Riverside Chamber Military Af- and raised in Orange, Texas on November 26, touched. My prayers and condolences go out fairs Committee and the 15th Air Force Asso- 1961, Sarah was a lifelong Texan. to Sarah’s loving family, and her children, ciation. Col. Bell was instrumental in estab- In 1989, Sarah joined the Orange Police Diztorsha, and Herman. Sarah will be sorely lishing several historic sites on March Air Re- Department and quickly rose through the missed, but her legacy will certainly live on. serve Base, persuaded Bob Hope to allow the ranks as she put her life on the line to protect Riverside chapter of the Air Force Association those of us who call East Texas home. After f be named in his honor, and established the only one year as a Patrol Officer, she was chapter’s annual ‘‘Air Crew Excellence Award’’ promoted to the Detective Division and given PERSONAL EXPLANATION for airmen of the 4th Air Force. In 1995, Col. the rank of Detective-Sergeant. Sarah was the Bell was recognized by Air Mobility Command first African-American woman to attain this es- as its Citizen of the Year. Col. Bell’s significant teemed role within the City of Orange Police HON. XAVIER BECERRA contributions to the base, its units, its uni- Department. Sarah had a God-given gift for OF CALIFORNIA formed members and government employees her craft, and was often called upon by other IN THE HOUSE OF REPRESENTATIVES will long preserve March Air Reserve Base’s law enforcement agencies to break cold cases legacy in Riverside history. and execute some of the region’s most chal- Thursday, January 12, 2017 I had the distinct privilege of knowing Col. lenging criminal investigations. Bell for many years and I will deeply miss him. It is no surprise that, with such a heart for Mr. BECERRA. Mr. Speaker, I was unable I extend my heartfelt condolences to Col. the community, Sarah was also deeply in- to cast my floor votes on January 4 and 5, Bell’s wife, Helen, as well as the entire Bell volved with the local school district as a tutor, 2017. Had I been present for the votes, I family. Although Col. Bell may be gone, his and served as a Trustee of the West Orange- would have voted ‘‘yes’’ on roll call vote num- selfless dedication to our nation will long be Cove school district. Her children, Diztorsha ber 7, ‘‘no’’ on roll call vote number 8, ‘‘no’’ on remembered. and Herman, have continued her legacy of roll call vote number 9, ‘‘no’’ on roll call vote f public service as educators. number 10, ‘‘no’’ on roll call vote number 11, HONORING THE LIFE OF SARAH Sarah was a woman of God, a pillar of faith ‘‘no’’ on roll call vote number 12, ‘‘yes’’ on roll JEFFERSON SIMON for those in her community and to those in her call vote number 13, ‘‘yes’’ on roll call vote care. For over 30 years, she attended Starlight number 14, ‘‘yes’’ on roll call vote number 15, HON. BRIAN BABIN Church of God in Christ and richly gave of her ‘‘yes’’ on roll call vote number 16, ‘‘yes’’ on roll time and talent in service of the Church and call vote number 17, ‘‘yes’’ on roll call vote OF TEXAS its parishioners. Her son, Herman, pastors the number 18, ‘‘yes’’ on roll call vote number 19, IN THE HOUSE OF REPRESENTATIVES faithful in Bon Weir. ‘‘yes’’ on roll call vote number 20, ‘‘no’’ on roll Thursday, January 12, 2017 Sarah went home to be with her Lord and call vote number 21, ‘‘yes’’ on roll call vote Mr. BABIN. Mr. Speaker, I rise today to Savior on Friday, January 6, 2017. She will be number 22, and ‘‘no’’ on roll call vote number honor the life of Sarah Jefferson Simon. Born deeply missed by those whose lives she 23.

VerDate Sep 11 2014 04:01 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JA8.015 E12JAPT1 smartinez on DSK3GLQ082PROD with REMARKS Thursday, January 12, 2017 Daily Digest Senate until 10 a.m., on Friday, January 13, 2017, for a pro Chamber Action forma session only, with no business being con- Routine Proceedings, pages S297–S320 ducted; and that when Senate adjourns on Friday, Measures Introduced: Forty bills and four resolu- January 13, 2017, it next convene at 3 p.m., on tions were introduced, as follows: S. 107–146, S.J. Tuesday, January 17, 2017. Page S320 Res. 4, and S. Res. 12–14. Pages S313–14 Executive Reports of Committees: Senate received Measures Reported: the following executive report of a committee: S. Res. 6, objecting to United Nations Security Report to accompany Protocol to the North At- Council Resolution 2334 and to all efforts that un- lantic Treaty of 1949 on the Accession of Monte- dermine direct negotiations between Israel and the negro (Treaty Doc. 114–12) (Ex. Rept. 115–1). Palestinians for a secure and peaceful settlement, Pages S312–13 with amendments. Messages from the House: Page S310 S. 84, to provide for an exception to a limitation against appointment of persons as Secretary of De- Measures Referred: Pages S310–11 fense within seven years of relief from active duty as Executive Communications: Pages S311–12 a regular commissioned officer of the Armed Forces. Petitions and Memorials: Page S312 Page S312 Additional Cosponsors: Pages S314–15 Measures Passed: Statements on Introduced Bills/Resolutions: Secretary of Defense Nomination Waiver: By 81 Pages S315–20 yeas to 17 nays (Vote No. 27), Senate passed S. 84, to provide for an exception to a limitation against Additional Statements: Page S310 appointment of persons as Secretary of Defense with- Authorities for Committees to Meet: Page S320 in seven years of relief from active duty as a regular Record Votes: One record vote was taken today. commissioned officer of the Armed Forces, after (Total—27) Page S307 agreeing to the motion to proceed. Pages S299–S307 Commending Clemson University Tigers Foot- Adjournment: Senate convened at 12:30 p.m. and ball Team: Senate agreed to S. Res. 14, com- adjourned at 5:38 p.m., until 10 a.m. on Friday, mending the Clemson University Tigers football January 13, 2017. (For Senate’s program, see the re- team for winning the 2017 College Football Playoff marks of the Majority Leader in today’s Record on National Championship. Page S320 page S320.) GAO Access and Oversight Act—Agreement: A unanimous-consent-time agreement was reached pro- Committee Meetings viding that at 4:15 p.m., on Tuesday, January 17, 2017, Committee on Homeland Security and Gov- (Committees not listed did not meet) ernmental Affairs be discharged and Senate begin consideration of H.R. 72, to ensure the Government NOMINATION Accountability Office has adequate access to informa- tion; that there be 30 minutes of debate, equally di- Committee on Armed Services: Committee concluded a vided in the usual form, and that upon the use or hearing to examine the nomination of James N. yielding back of time, Senate vote on passage of the Mattis, to be Secretary of Defense, after the nominee, bill, with no intervening action or debate. Page S320 who was introduced by former Senators Cohen and Nunn, testified and answered questions in his own Pro Forma—Agreement: A unanimous-consent behalf. agreement was reached providing that Senate adjourn D42

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BUSINESS MEETING tions Security Council Resolution 2334 and to all ef- Committee on Armed Services: Committee ordered favor- forts that undermine direct negotiations between ably reported S. 84, to provide for an exception to Israel and the Palestinians for a secure and peaceful a limitation against appointment of persons as Sec- settlement, with amendments. retary of Defense within seven years of relief from active duty as a regular commissioned officer of the NOMINATION Armed Forces. Select Committee on Intelligence: Committee concluded NOMINATION open and closed hearings to examine the nomination of Mike Pompeo, of Kansas, to be Director of the Committee on Banking, Housing, and Urban Affairs: Central Intelligence Agency, after the nominee, who Committee concluded a hearing to examine the was introduced by Senator Roberts and former Sen- nomination of Benjamin Carson, of Michigan, to be ator Bob Dole, testified and answered questions in Secretary of Housing and Urban Development, after his own behalf. the nominee, who was introduced by Senator Rubio, testified and answered questions in his own behalf. BUSINESS MEETING BUSINESS MEETING Select Committee on Intelligence: Committee ordered fa- Committee on Foreign Relations: Committee ordered fa- vorably reported an original bill entitled, ‘‘Intel- vorably reported S. Res. 6, objecting to United Na- ligence Authorization Act of Fiscal Year 2017’’. h House of Representatives regulations and orders, by a recorded vote of 243 Chamber Action ayes to 184 noes, Roll No. 51. Pages H428–48 Public Bills and Resolutions Introduced: 52 pub- Rejected the Bustos motion to recommit the bill lic bills, H.R. 462–513; and 5 resolutions, H.J. Res. to the Committee on Financial Services with instruc- 27, and H. Res. 46–47, 49–50, were introduced. tions to report the same back to the House forthwith Pages H468–71 with an amendment, by a recorded vote of 195 ayes Additional Cosponsors: Page H473 to 232 noes, Roll No. 50. Pages H446–47 Report Filed: A report was filed today as follows: Agreed to: ´ H. Res. 48, providing for consideration of the Velazquez amendment (No. 2 printed in part A of concurrent resolution (S. Con. Res. 3) setting forth H. Rept. 115–3) that requires the SEC consider the the congressional budget for the United States Gov- protection of investors, in addition to promoting ef- ernment for fiscal year 2017 and setting forth the ficiency, competition, and capital formation when appropriate budgetary levels for fiscal years 2018 conducting such a review and also expressly instructs through 2026, and providing for consideration of the the SEC to consider the public interest, the protec- bill (S. 84) to provide for an exception to a limita- tion of investors as well as the promotion of effi- tion against appointment of persons as Secretary of ciency, competition, and capital formation when con- Defense within seven years of relief from active duty ducting such a review of existing SEC regulations. as a regular commissioned officer of the Armed Page H439 Rejected: Forces (H. Rept. 115–4). Page H468 Al Green (TX) amendment (No. 1 printed in part Speaker: Read a letter from the Speaker wherein he A of H. Rept. 115–3) that sought to require the appointed Representative Valadao to act as Speaker SEC to identify, analyze and address potential con- pro tempore for today. Page H393 flicts of interest related to its rulemakings (by a re- Recess: The House recessed at 10:55 a.m. and re- corded vote of 192 ayes to 233 noes, Roll No. 46); convened at 12 noon. Page H400 Pages H438–39, H443–44 Securities and Exchange Commission Regulatory Al Green (TX) amendment (No. 3 printed in part Accountability Act: The House passed H.R. 78, to A of H. Rept. 115–3) that sought to exempt regula- improve the consideration by the Securities and Ex- tions promulgated to maintain or support U.S. fi- change Commission of the costs and benefits of its nancial stability or prevent or reduce systemic risk

VerDate Sep 11 2014 07:19 Jan 13, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12JA7.REC D12JAPT1 smartinez on DSK3GLQ082PROD with DIGEST D44 CONGRESSIONAL RECORD — DAILY DIGEST January 12, 2017 (by a recorded vote of 191 ayes to 232 noes, Roll Duffy amendment (No. 5 printed in part B of H. No. 47); Pages H439–41, H444 Rept. 115–3) that prohibits the CFTC from compel- DeSaulnier amendment (No. 4 printed in part A ling the production of algorithmic trading source of H. Rept. 115–3) that sought to require the Chair- code and similar intellectual property unless it has man of the SEC and his immediate family to divest issued a subpoena; Pages H424–25 from too-big-to-fail banks (by a recorded vote of 194 LaMalfa amendment (No. 6 printed in part B of ayes to 233 noes, Roll No. 48); and H. Rept. 115–3) that prevents a situation in which Pages H441–42, H444–45 an end-user loses its ability to rely on the end-user Raskin amendment (No. 5 printed in part A of exception to the clearing requirement due simply to H. Rept. 115–3) that sought to require the Chair- the positive performance of transactions entered into man of the Securities and Exchange Commission to solely to mitigate the prospect of falling revenues be trained on ethical standards and codes of conduct and asset values; Pages H425–26 to ensure all regulations enacted are not done so Lucas amendment (No. 7 printed in part B of H. with a conflict of interest, specifically regarding Rept. 115–3) that exempts all inter-affiliate trans- prior employment and legal representation of too- actions from being regulated as ‘‘swaps’’ under the big-to-fail banks (by a recorded vote of 196 ayes to Dodd-Frank related provisions of the Commodity 231 noes, Roll No. 49). Pages H442–43, H445–46 Exchange Act (’’CEA’’) and Commodity Futures H. Res. 40, the rule providing for consideration Trading Commission (’’CFTC’’) regulations promul- of the bills (H.R. 78) and (H.R. 238) was agreed to gated thereunder; Pages H426–27 yesterday, January 11th. Hartzler amendment (No. 8 printed in part B of Commodity End-User Relief Act: The House H. Rept. 115–3) that delays implementation of the passed H.R. 238, to reauthorize the Commodity Fu- CFTC Ownership and Control Reports Rule until tures Trading Commission, to better protect futures the Chairman determines the rule has been amended customers, to provide end-users with market cer- by adjusting reporting trading volume levels to 300 tainty, to make basic reforms to ensure transparency contracts per day, removing the requirements for and accountability at the Commission, to help farm- natural person controller data, and ensuring the rule ers, ranchers, and end-users manage risks, and to does not require entities to violate foreign privacy help keep consumer costs low, by a yea-and-nay vote laws; and Page H427 of 239 yeas to 182 nays, Roll No. 54. Conaway amendment (No. 4 printed in part B of Pages H404–28, H450–51 H. Rept. 115–3) that makes clear Congress’s intent Rejected the Langevin motion to recommit the that the Commission may impose and implement bill to the Committee on Agriculture with instruc- position limits as it finds necessary, provided the tions to report the same back to the House forthwith Commission makes a finding prior to imposing such with an amendment, by a recorded vote of 190 ayes limits; it makes no changes to the longstanding fed- to 235 noes, Roll No. 53. Pages H449–50 eral position limits regime for the enumerated agri- Pursuant to the Rule, an amendment in the na- cultural commodities or the existing statutory re- ture of a substitute consisting of the text of Rules quirements that Designated Contract Markets im- Committee Print 115–2 shall be considered as an pose position limits or accountability levels on all original bill for the purpose of amendment under the contracts (by a recorded vote of 236 ayes to 191 five-minute rule. Page H414 noes, Roll No. 52). Pages H448–49 Agreed to: H. Res. 40, the rule providing for consideration Aderholt amendment (No. 1 printed in part B of of the bills (H.R. 78) and (H.R. 238) was agreed to H. Rept. 115–3) that amends the Commodity Ex- yesterday, January 11th. change Act to give the Commodity Futures Trading Joint Economic Committee—Appointment: The Commission authority to designate other agencies to Chair announced the Speaker’s appointment of the manage its leases; Pages H421–22 following Members on the part of the House to the Austin Scott (GA) amendment (No. 2 printed in Joint Economic Committee: Representatives Paulsen, part B of H. Rept. 115–3) that reforms the Cus- Schweikert, Comstock, LaHood, Francis Rooney (FL), tomer Protection Fund at the CFTC to amend the Carolyn B. Maloney (NY), Delaney, Adams, and size of the fund, annual expenditures from the fund Beyer. Page H455 and return excess balance to the Treasury; Pages H422–23 Recess: The House recessed at 8:15 p.m. and recon- Conaway amendment (No. 3 printed in part B of vened at 8:27 p.m. Page H468 H. Rept. 115–3) that makes technical and con- Senate Messages: Message received from the Senate forming changes; Pages H423–24 and message received from the Senate by the Clerk

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, January 13 9 a.m., Friday, January 13

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: Consideration of S. Con. Res. 3— session. Setting forth the congressional budget for the United States Government for fiscal year 2017 and setting forth the appropriate budgetary levels for fiscal years 2018 through 2026 (Subject to a Rule). Consideration of S. 84—To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commis- sioned officer of the Armed Forces (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Cook, Paul, Calif., E57 Moore, Gwen, Wisc., E57 Green, Al, Tex., E57 Newhouse, Dan, Wash., E58 Babin, Brian, Tex., E59 Gutie´rrez, Luis V., Ill., E55, E57 Poe, Ted, Tex., E56 Becerra, Xavier, Calif., E56, E59 Huffman, Jared, Calif., E57 Roskam, Peter J., Ill., E55 Calvert, Ken, Calif., E58 Jackson Lee, Sheila, Tex., E56 Thompson, Mike, Calif., E55 Cleaver, Emanuel, Mo., E57 Lieu, Ted, Calif., E57 Conyers, John, Jr., Mich., E55 Lofgren, Zoe, Calif., E58

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