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

Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 1, 2017 No. 17 House of Representatives The House met at 10 a.m. and was have had, one with the top minds of the ple with traffic violations. They drove called to order by the Speaker pro tem- intelligence community and the head without a license in many States be- pore (Mr. VALADAO). of the Joint Chiefs of Staff. No, in- cause the State in which they live and f stead, we will have a nationalist secu- pay taxes does not issue driver’s li- rity council, with Breitbart’s Steve censes to them. They are moms and DESIGNATION OF SPEAKER PRO Bannon and his personal experience as dads who came back after they were TEMPORE a former Navy officer right there in the deported because that is what moms The SPEAKER pro tempore laid be- situation room. I am not feeling safer and dads tend to want to do: to be with fore the House the following commu- already. their children, watch them grow up, nication from the Speaker: The President has acted to crim- nurture and love them. And Trump’s WASHINGTON, DC, inalize immigrants and to make every targets include young people and teen- February 1, 2017. immigrant an equal priority for depor- agers who are listed on a ‘‘gang reg- I hereby appoint the Honorable DAVID G. tation. Trump actually buried a re- istry’’ because a local cop thought they VALADAO to act as Speaker pro tempore on quirement in his executive order to dressed or acted like they might be in this day. count, every week, the number of a gang. PAUL D. RYAN, But if you hire maids or nannies and Speaker of the House of Representatives. crimes committed by immigrants and to have the government officially tally do not pay the proper amount of Social f every single week the number of Mexi- Security and FICA taxes, or if they are MORNING-HOUR DEBATE can rapists, criminals, and drug deal- undocumented immigrants and you don’t pay the taxes, you are not called The SPEAKER pro tempore. Pursu- ers—the ones Donald Trump has been a criminal. No, you are called a Cabi- ant to the order of the House of Janu- talking about since he launched his net Secretary. In fact, we will put you ary 3, 2017, the Chair will now recog- campaign. But interestingly, by law, the Fed- in charge of the budget, including So- nize Members from lists submitted by cial Security, the one you failed to the majority and minority leaders for eral Government and the Centers for Disease Control and Prevention cannot pay. morning-hour debate. Or you can run the Department of conduct research into how many people The Chair will alternate recognition Commerce, yes. If your business en- are killed by guns—that is outlawed— between the parties, with each party gages in the shady business of fore- and how we can prevent gun violence— limited to 1 hour and each Member closing on grandmas and widows, you other than the majority and minority that is outlawed. No, the NRA and its get to be the Secretary of the Treas- leaders and the minority whip limited wholly owned subsidiary, the Repub- ury. to 5 minutes, but in no event shall de- lican Party, has outlawed that. But the If you close down the Department of bate continue beyond 11:50 a.m. new immigrant rape report is ripped Energy, that is what you want to do, f from the headlines of Breitbart and close down the Department of Energy, other rightwing websites, except that PRESIDENT TRUMP’S FIASCOS guess what you get to do. You get to now it is the basis of government pol- run it. The SPEAKER pro tempore. The icy. We are really getting a lesson in If you oppose public schools, you get Chair recognizes the gentleman from who is and who is not a criminal in this to be Secretary of Education. Illinois (Mr. GUTIE´ RREZ) for 5 minutes. post-‘‘1984’’ world of newspeak. And if you have opposed every inch of Mr. GUTIE´ RREZ. Mr. Speaker, for We all know that there are millions progress for civil and human rights in the last 2 weeks, we have lurched from of undocumented immigrants from all this country with every fiber of your one fiasco to another, played out on a over the world, but this administration being—immigrant rights, gay rights, national and international stage. There keeps whipping out that Mexican basic civil rights for people of color, were press briefings and Presidential thing. Let’s face it, the people thinking basic protections to make sure that ev- statements filled with official lies. We up these policies think all Latinos are eryone’s vote counts equally—well, in have witnessed tragedies, late night Mexicans and all Mexicans are immi- that case, guess what you get to do, firings, policy changes, and clarifica- grants. So if you are an immigrant you get to run the Department of Jus- tions, also known as backtracking, and from Mexico, except for a few good tice, the agency ultimately charged then we have come back for another ones, you are a criminal, a rapist, or a with making sure everyone gets equal round of fiascos. murderer. protection under the law. We are told we will not have a Na- Millions and millions of people who Up is down, down is up, and it is only tional Security Council as we always the President wants to deport are peo- his second week.

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 01:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.000 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H824 CONGRESSIONAL RECORD — HOUSE February 1, 2017 I feel our new President has some We cannot let them symbolize our in- by the President will almost exclu- learning to do, and a lot of that learn- action, too. sively impact Muslims. In fact, the ing has to do with the three branches The President’s executive order cre- President went so far as to point out of government, like what the executive ating this Muslim ban undermines the that this administration will prioritize branch should do when a Federal judge foundational ideas of this country, a the admittance for Christian refugees. tells them to stop doing something Nation founded by immigrants with If this is not a religious test, then what they shouldn’t be doing in the first the intention of providing freedom, op- is? place. portunity, and a better life to all who Refugees of all faiths, creeds, race, I think the new President has a lot to seek it. Making good on one of his and national origins have looked to learn about the freedom of religion, the most extreme campaign promises, the America as a beacon of freedom. So separation of church and State, and President signed this order with little long as this ban is in effect, that light how our refugee policies work. I think or no input from his own national secu- shines less brightly. We will not etch a the people of Chicago could teach him rity advisers nor from specialists at new inscription at the base of the Stat- a lot about the Fourth Amendment and the State Department, Homeland Secu- ue of Liberty. Instead, her golden lamp its ban on unreasonable search and sei- rity, or the Justice Department, once will continue to welcome those who are zure and the illegality of holding immi- again signaling his strong and contin- tired, poor, and yearning to be free, grants in jail without a warrant. ued dismissal of facts, evidence, and just as it always has. So I am offering to give the President advice from seasoned experts. f my copy of the Constitution, auto- Contrary to the President’s mis- graphed by Khizr Khan, the father of a guided belief, Islam is not the issue, TRUMP’S REFUGEE EXECUTIVE U.S. Army captain killed in Iraq in and his decision to go after Muslims in- ORDER: SEPARATING FACT 2004, who asked a question I don’t stead of terrorists only fuels our en- FROM FICTION think any one of us knows the answer emies’ propaganda. The President’s The SPEAKER pro tempore. The to. That question is: Has the President Muslim ban undermines our national Chair recognizes the gentleman from ever read the Constitution? I am proud security goals and is counterproductive Texas (Mr. BABIN) for 5 minutes. I will be standing with Mr. Khan and in the fight against terrorism. The ban Mr. BABIN. Mr. Speaker, I rise to ex- other leaders of different faiths later jeopardizes our strategic partnerships press my fervent support for President today at a press conference on the ac- with allies in the Middle East who are Trump’s executive order: Protecting tions taken by our new dear leader. on the very front lines in the fight the Nation from Foreign Terrorist We can all see through the emperor’s against ISIS. Asylum seekers and for- Entry. new clothes and his Chinese-made tie, eign nationals have provided invalu- I, along with many other Members of and the view isn’t pretty, Mr. Speaker. able assistance to our military and dip- Congress, have been speaking out for 1 f lomats in a variety of roles overseas. I more than a 1 ⁄2 years about the dan- agree with Senators MCCAIN and GRA- gers posed by our U.N.-run refugee re- MUSLIM REFUGEE EXECUTIVE HAM, who said this ban will become ‘‘a settlement program. I applaud Presi- ORDER self-inflicted wound in the fight dent Trump for following through on The SPEAKER pro tempore. The against terrorism.’’ Ultimately, this his promise by imposing strict vetting Chair recognizes the gentleman from order is more likely to increase ter- for seven countries that President Illinois (Mr. QUIGLEY) for 5 minutes. rorist recruitment than to deter it. Obama labeled in 2016 as countries of Mr. QUIGLEY. Mr. Speaker, just Outrage over this ban extends far be- particular concern for terrorism. hours after the President’s misguided, yond national security and counterter- Liberal activists and politicians are counterproductive, and objectively rorism experts. For example, we are leveling baseless assertions about the anti-American Muslim ban was signed, seeing sharp criticism from business Trump policy only to see a lazy and we saw the effects. Chaos erupted at leaders across the country, including complicit media parrot their claims airports around the country, including CEOs of companies like Google, Apple, without exercising due diligence to in my own district at Chicago O’Hare. Facebook, and Airbnb. They recognize validate it. To me, this is fake news. Green card holders were held in legal that immigrants play a huge role in And in this incident, it is the main- limbo. Refugees fleeing violence and fostering our Nation’s entrepreneurial stream media that is pushing this mis- persecution were sent away before spirit, advancing new technology, cre- information. Let’s separate myth from boarding U.S.-bound flights, even after ating startups, all which spur innova- fact and inject a little coolheaded com- enduring years of thorough screening tion and economic activity across the monsense into this national dialogue. and vetting. country. Friday’s executive order does a few Unfortunately, this is not the first Universities and academics across things: It pauses the entry of all refu- time we have turned away innocent the country are also grappling with gees for the next 120 days; it caps ref- people seeking safety in our country. what the President’s restrictions mean ugee admissions for fiscal year 2017 at In 1939, the German ocean liner St. for their students and for scholarship 50,000; it stalls, for 90 days, the admis- Louis Manifest and its 937 Jewish pas- and academia more broadly. Students sion of foreign nationals from seven sengers, almost all Jewish refugees, benefit from the inclusion of all world countries that are well established as were turned away from the Port of views, which provide us with a deeper terrorist hotspot countries; and it puts Miami and sent back to Europe. Of understanding of science, the arts, eco- priority on highly persecuted religious those passengers, 254 were murdered in nomic policy, national security, and all minorities when the refugee program the Holocaust. other aspects of our society. resumes. We all bear a responsibility to learn Let’s be clear. My own city of Chi- The media has echoed the protesters’ from the evils of history so that we cago has been and will continue to be assertion that this is somehow a Mus- will never make the same mistakes home to an immigrant and refugee lim ban. They are flat-out wrong. Re- again. It is our turn to step up and community from all around the world, member, it was President Obama who fight to protect the values of our Na- and we are forever enriched and grate- created this seven-country list, not tion and ensure that we are on the ful for the contributions that make President Trump. right side of history. Because who can this country great. I, along with the If it were a Muslim ban, then why possibly forget the photo of Alan majority of American people who took doesn’t it include restrictions on the Kurdi, the 3-year-old Syrian boy who to the streets to make their opposition other 40 majority Muslim nations? was washed up on a Turkish beach. Or heard loud and clear, demand that the That makes no sense. That is because Omran Daqneesh, the 5-year-old Syrian administration rescind this shameful this is a targeted approach to deal with boy covered in blood as he waited for order before even more grave and last- the threat posed by terrorists who op- emergency care after being rescued ing damage is done. erate freely in these failed states and from a building in Aleppo hit by an air- Let’s call a spade a spade. Despite pose a direct threat to the American strike. These devastating images have the White House’s insistence that this people. There is absolutely nothing in become symbols of the refugee crisis. is not a Muslim ban, the policy laid out this executive order that says anything

VerDate Sep 11 2014 23:36 Feb 01, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.002 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H825 about banning any particular group of da, while ignoring other basic Biblical tablish an NSC policy process that is people. concepts of stewardship and responsi- not contaminated or perceived to be Another shortsighted fallacy being bility out of sheer political conven- contaminated by political consider- propagated is that President Trump is ience. ations. the only President to ever implement To conclude, the hysteria sur- Josh Bolton, chief of staff to Presi- restrictions on refugee admissions. rounding this national security execu- dent George W. Bush, may have put it Conveniently forgotten is the fact that tive order must come to an end. best while explaining why President in 2011, President Obama stopped proc- After all, the main provisions of this Bush excluded political counselor Karl essing refugees from Iraq for 6 months executive order are temporary in na- Rove from all NSC meetings: ‘‘ . . . the after a terrorist plot was uncovered in- ture and are in line with what many President . . . knew that the signal he volving two Iraqi refugees who had Presidents in the past have done. wanted to send to the rest of his ad- come into the United States. ISIS presents one of the most exten- ministration, the signal he wanted to sive and complex threats to our Na- b 1015 send to the public, and the signal he es- tion, and we do want our President to pecially wanted to send to the mili- Previous Presidents of both parties take every precaution to make sure tary, is that, ‘The decisions I’m mak- have responded to global threats with that Americans are safe. ing that involve life and death for the refugee admission limitations, so char- This—not the false narratives of people in uniform will not be tainted acterizing Trump’s actions is unprece- Trump’s opponents—must be the focus by any political decisions.’ ’’ dented, is simply fiction and a gross of the national dialogue, and we must I am filing this bill because I believe demonstration of partisanship. share in what he is doing. that President Trump’s directive orga- As ISIS has infiltrated the ranks of f nizing the NSC breaks from this long- refugees in Europe, the President is standing, bipartisan tradition of con- NSC APPOINTMENTS TO similarly responding to global threats structing a wall to separate national PRINCIPALS COMMITTEE with the appropriate safeguards as he security policymaking from domestic sees fit. The SPEAKER pro tempore. The politics to the greatest extent possible. This is something that he should be Chair recognizes the gentlewoman from Specifically, the President’s directive praised for—not condemned. Florida (Mrs. MURPHY) for 5 minutes. authorizes the Assistant to the Presi- The notion that the executive order Mrs. MURPHY of Florida. Mr. Speak- dent and Chief Strategist Stephen is inherently un-American must be ad- er, today I will introduce the Protect Bannon to be a permanent member of dressed as well. After all, America is the National Security Council from Po- the NSC and to attend all NSC and the land made up of immigrants that litical Interference Act. Principals Committee meetings. Mr. has been a safe harbor to millions flee- I would like to thank my House col- Bannon’s role in the administration ing persecution around the world since leagues who have signed on as original has a strong political component. In- her inception. cosponsors of this legislation. deed, it appears unprecedented for a po- But in order for this to continue, we I have worked at the Department of litical counselor so deeply enmeshed in must be vigilant to protect our home- Defense, and I am a member of the politics to serve as a permanent mem- land. Armed Services Committee. I believe ber of the NSC. America is the greatest Nation in the the most solemn responsibility of Fed- Senator JOHN MCCAIN, the chairman world, and if we let up on our pursuit of eral policymakers is to keep the Amer- of the Senate Armed Services Com- the highest national security stand- ican people safe, and to do so in a way mittee, described Mr. Bannon’s ap- ards, we will see this greatness slip that is faithful to the moral and eth- pointment as a radical departure from away—to the detriment not only of all ical principles that have made this any National Security Council in his- American citizens, but to the entire country exceptional, and a force for tory. world. good in a dangerous and unpredictable Therefore, my bill will amend Fed- Finally, I must address the false no- world. eral law to ensure that no individual, tion that having a Christian ethic de- Within the complex Federal bureauc- whose primary responsibility is polit- mands that we accept all refugees with racy, the National Security Council is, ical in nature, shall be designated as a open arms. Well, if that is the case, arguably, the most important institu- member of the NSC or be authorized to why aren’t we opening the doors wide tion when it comes to debating and de- regularly attend meetings of the NSC to the 60 million refugees worldwide ciding issues related to homeland secu- or the Principals Committee. This lan- rather than only a fraction of 1 per- rity, foreign policy, intelligence collec- guage would apply to Democratic cent? tion, and the national defense. Choices Presidents and Republican Presidents As a follower of Jesus Christ, I do be- about whether to deploy men and alike. Our men and women in uniform, lieve that we should help those in need women into combat are made during our intelligence and homeland security around us, and that America should be the meetings of the NSC or its main professionals, and our citizens should involved in helping the displaced and subgroup, the Principals Committee. feel secure in their knowledge that the persecuted whenever we can. So, too, are decisions about how to de- critical decisions made by the NSC are Perhaps a more compassionate ap- fend the homeland against terrorism free from political considerations. The proach might be to take the money and how to support our allies and American people deserve a national se- that we spend settling one refugee in counter our adversaries across the curity policymaking process that in- the United States and, instead, for the globe. The NSC’s deliberations are so spires confidence, not cynicism. same price, provide for 12, for a dozen, serious because the stakes are so high. My bill also contains a second provi- refugees in a safe haven near their own Since the creation of this body by sion. The President’s directive pre- home countries. Congress in 1947, Presidents from Tru- scribes a diminished role on the Prin- Just as a father’s primary responsi- man to Obama have prescribed the or- cipals Committee for the Director of bility is to care for his own children, ganizational structure and role of the National Intelligence and the Chair- the chief role of the President and NSC according to their personal pref- man of the Joint Chiefs of Staff. The other national leaders is to ensure the erences within the broad parameters directive limits their attendance to best interest of the citizens under their set by Congress. This is how it should only those meetings where issues per- charge. be. The NSC is a policymaking instru- taining to their responsibilities and ex- If President Trump were to overlook ment, and the President is entitled to pertise are to be discussed. the safety of the American people, it utilize this instrument in the manner While this language is not unprece- would simply be an abdication of his that the President sees fit. dented, it has caused concern among own responsibility that the American However, historically, there has been many experts of all political stripes, people elected him to do. a bipartisan consensus that the NSC particularly when it is juxtaposed It seems the President’s opponents debates should be divorced from the against the decision to give Mr. have cherry-picked particular Bible world of electoral politics. The Presi- Bannon unfettered access to the NSC verses to suit their own political agen- dents of both parties have sought to es- PC meetings.

VerDate Sep 11 2014 23:36 Feb 01, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.004 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H826 CONGRESSIONAL RECORD — HOUSE February 1, 2017 Accordingly, my bill will express the SNAP HELPS LIFT PEOPLE OUT OF POVERTY citizenships in hopes of achieving that view of Congress that the DNI and the Mr. THOMPSON of Pennsylvania. American Dream. Chairman of the Joint Chiefs of Staff, Mr. Speaker, as chairman of the Agri- They had been making a living in my given their importance to national se- culture Subcommittee on Nutrition for district and are supporting their two curity, should have a standing invita- the 115th Congress, I am confident that daughters in Los Banos, California. But tion to attend all PC meetings. we must work to ensure that the Sup- they have also been living in sadness I invite my colleagues to support this plemental Nutrition Assistance Pro- and heartbreak because their 12-year- legislation which seeks to protect the gram known as SNAP is meeting the old daughter, Emon, was born in NSC from political interference, and to needs of those that it is intended to Yemen before the civil war. ensure that the President receives the serve. For 6 years, the Ali family has been best possible advice from his national The House Agriculture Committee working through the appropriate chan- security experts—experts who will rec- hearings have highlighted how nutri- nels to get their daughter a visa so she ommend actions because they are in tion matters and the specific ways that can gain U.S. citizenship and be re- the best interest of the American peo- vulnerable populations are well served united with her family legally. ple and not because they are politically by a strong, sound, and reliable food On January 26, after years of going expedient. program. through a thorough vetting process, SNAP serves a diverse population Emon finally received her immigrant f who share a common need for nutri- visa—after 6 years. You could call that tional support beyond what is available extreme vetting. FAREWELL TO SCOTT GRAVES based on personal means, family sup- One day later, on the 27th, President The SPEAKER pro tempore. The port, and community resources. Trump turned the Ali family’s and Chair recognizes the gentleman from Now, according to a 2015 USDA re- hundreds of other families’ lives upside Pennsylvania (Mr. THOMPSON) for 5 port, 42.7 percent of SNAP recipients down by signing an executive order to minutes. are children, while single parent house- implement a travel ban to prohibit ref- Mr. THOMPSON of Pennsylvania. holds are more susceptible to food inse- ugees and others from coming to the Mr. Speaker, I just came back from the curity, especially those who are single United States. That is not the Amer- organizing committee meeting with mothers. Two-parent families also ican way. my good friend from California for the struggle, at times, to put food on the Hours after this executive order was House Agriculture Committee. I appre- table. signed, Emon and her father went to ciate the opportunity to work with this Children whose households face food the airport in Djibouti, passed through gentleman and all of the folks who insecurity, face both negative develop- security, and, when boarding the plane, serve on that committee that really mental and health consequences. Emon was told by the airline that she provides policy to our Nation’s agri- A child’s future success goes beyond could not board because of the recently culture industry. what any single government program signed executive order. can or should achieve. SNAP is not the It is about making sure that Ameri- b 1030 cans have access to affordable, high only means of breaking the cycle of The immigrant visa issued to Emon quality, and safe food. I actually look poverty, but it certainly plays a key would have given her status as a lawful at the Agriculture Committee as well role in increasing food security for permanent resident upon entering the as having a dual mission of making children. U.S. And since she is 12 years old and sure that the rural economies of our Mr. Speaker, for me, SNAP is not both of her parents are U.S. citizens, Nation are robust or successful. merely a food program but a pathway Emon would have immediately been el- Mr. Speaker, I rise to say thank you that works to lift people out of pov- igible to file for U.S. citizenship. and farewell to Scott Graves, staff di- erty. It is a tool for the better health and development of our children who President Trump’s executive order is rector of the House Agriculture Com- preventing this legal process from tak- mittee, an individual who served well deserve no less. f ing place and is putting Emon and her for many years. father in harm’s way while they wait Mr. Speaker, as you know, there is a ALI FAMILY AND EXECUTIVE in Djibouti. right way to do business here in the ORDER In the past 48 hours, the Trump ad- House, and Scott Graves has under- The SPEAKER pro tempore. The ministration has been defending this stood what it takes to manage the Ag- Chair recognizes the gentleman from executive order, saying it is not a trav- riculture Committee, the chairman’s California (Mr. COSTA) for 5 minutes. el ban or a ban on refugees. So I would personal affairs and agenda. But he Mr. COSTA. Mr. Speaker, I rise today like to ask the President: How is this also has found time to help out mem- to call attention to a 12-year-old girl executive order not a ban on refugees bers of this committee from both sides Emon Ali, who is stuck in Djibouti. or individuals who have been legally of the aisle. Emon and her father, Ahmed Ali, who approved to enter the United States? It Knowing is one thing; execution is is an American citizen, are in Djibouti certainly is a ban for Emon. And how is everything. because of President Trump’s flawed keeping this 12-year-old girl out of the I have always been impressed with executive order to ban travel to the United States from joining her family the way we have been able to work on United States. making America safer? It is not mak- the committee in a bipartisan manner The Ali family is like many immi- ing Americans safer. for the good of agriculture, and 320 mil- grant families throughout our country, Extreme vetting was in place during lion Americans have benefited from including my own, who came to the both the Bush and Obama administra- safety, innovation, and forward think- United States in hopes of achieving the tions. We just didn’t call it that by ing of the agriculture industry. American Dream. name. Under Scott’s leadership, he made As Americans, we know that the This travel ban is flawed, both in its this look easy. Now, as he embarks Statute of Liberty is a symbol of free- lack of adherence to American values upon the next step in his career, I wish dom and new beginnings for immi- and its technical execution, which is Scott Graves all the best, his wife, his grants past and present, and it is a banning Emon from coming here, and little boy, and his little one to be born symbol around the entire world for the it could possibly be ruled unconstitu- later this year. values that America holds. tional. The Commonwealth of Pennsylvania Since the founding of our country, A bipartisan group of national secu- has a slogan on every road sign enter- immigrants from all over the world rity experts agree that the executive ing the State, and the sign reads, have been coming to the United States order does not make Americans safer ‘‘You’ve got a friend in Pennsylvania.’’ to make a better life for themselves and could potentially put our country Well, Scott, you don’t have to drive and their families, or to escape perse- at greater risk for terrorist attacks. I far, but realize this holds true for me cution. agree with them. and all of my staff, you’ve got a friend Mr. Ali and his wife immigrated to Since September 11, 2001, we have fo- in Pennsylvania. the United States and earned their U.S. cused a bipartisan effort to improve

VerDate Sep 11 2014 23:36 Feb 01, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.006 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H827 American security for Americans both ership by the President of the United Connecticut (Ms. DELAURO) for 5 min- at home and abroad, and by and large, States, this would be an effort not only utes. it has been very successful. to legitimize, it would legitimize the Ms. DELAURO. Mr. Speaker, I rise to It is our first constitutional duty to process that they employed to hijack share a story that has weighed heavy ensure the national defense and the justice. on my heart. safety of Americans, but I think Presi- I refuse to stand with those who The President speaks about keeping dent Trump’s executive order is doing would hijack justice. The American America safe. He speaks about building the opposite. The executive order will people refuse to stand with those who a wall. He speaks about deporting un- create a rallying cry for Islamic ex- would hijack justice. The American documented immigrants. His rhetoric tremists around the world to say that people are demanding that a just sys- of hate and fear is causing millions of America is now engaged in a war tem be in place. families unspeakable pain. This is hap- against the religion of Islam. No good The only way a just system can be in pening in every community across our can come from that. It is clear that place is for what happened to Merrick country and it is happening in my com- this executive order is putting Emon Garland to be rectified. This is not re- munity. and her father in harm’s way in taliation that I am speaking of. This is I want to share a letter I received Djibouti. not retaliation. This is rectification. from one of my office’s most dedicated So, Mr. President, Secretary Kelly, I There has to be rectification for what interns one week after the election. appeal to your compassion and to your happened to Merrick Garland, and rec- This young man was such a positive common sense. This 12-year-old girl, tification requires that the Senate force in my office. He took on tasks Emon, has been extremely vetted for 6 take up Merrick Garland. I believe the with a smile. He had an insatiable ap- years or whatever you would like to American people want the Senate to petite for learning about our govern- call it. She is not a threat to our coun- take up Merrick Garland so that he, ment. He was one of the finest interns try. Let her join her American family. too, can receive justice; so that this our office has ever seen. My staff and I are working diligently country can receive justice; so that the I was proud to have him to be one of through the appropriate channels with American people can receive justice; so the first people that our constituents the Department of Homeland Security that they can hear about Merrick Gar- interacted with when they contacted and the Department of State to bring land’s credentials. our office. But a week after the elec- Mr. Ali and his daughter home as soon Yes, the current nominee has great tion, this young man, Sergio, went as possible. credentials, but so does Merrick Gar- home. He left me this letter, which I The SPEAKER pro tempore. Mem- land. There are many adjectives that will read to you in its entirety because bers are advised to direct their re- can be used to describe the current Sergio tells his own story better than I marks to the Chair and not to the nominee, but there are many great ad- ever could: President. jectives that can be utilized to describe ‘‘Dear Representative DeLauro: f Merrick Garland. ‘‘I was honored to intern in your Merrick Garland deserves his day. Washington office and learn more RECTIFICATION FOR MERRICK Without his day, we cannot go forward about the government of the United GARLAND in a just way. So I encourage the States, and more specifically respond- The SPEAKER pro tempore. The American people to do that which is ing to constituents’ concerns. Walking Chair recognizes the gentleman from just; contact those who have a voice in through the long tunnels that connect Texas (Mr. AL GREEN) for 5 minutes. this and say to them: Do not approve the congressional buildings to the Cap- Mr. AL GREEN of Texas. Mr. Speak- any nominee until there is justice for itol I began to envision myself working er, in April of 1963, literary history was Merrick Garland and justice for the in the District of Columbia upon grad- made when Dr. King published his let- American people, justice for what oc- uation. But like for many people, the ter from the Birmingham jail. curred when they hijacked a nominee election results have forced me to take In that letter, Mr. Speaker, Dr. King to the Supreme Court, hijacked a nom- a different path. proclaimed: ‘‘Injustice anywhere is a ination, hijacked an opportunity. Hi- ‘‘After the Presidential election, all threat to justice everywhere.’’ Mr. jacking cannot be tolerated. Speaker, these words were true then Dr. King was right; injustice any- the stability that had allowed my fam- and they are true today. Injustice any- where is still a threat to justice every- ily and me to become part of the Amer- where is still a threat to justice every- where. But he also went on to say im- ican life was turned into fear and doubt where. mediately thereafter that life is an ‘‘in- about our future. Not only has the And, Mr. Speaker, when the Repub- escapable network of mutuality, tied in President-elect vowed to deport mil- lican leadership decided to hold up a single garment of destiny. Whatever lions of undocumented immigrants, but Merrick Garland, they did more than affects one directly, affects all indi- he also promised to remove the DACA hold up a nominee. They did more than rectly.’’ program. For this reason, I had to re- prevent him from being heard. They This hijacking that took place last turn to New Haven and assist my fam- did more than approve him such that year is going to impact all in this ily as we figure out which decisions are he could become a Justice on the Su- country indirectly because every per- the best to take moving forward. Thus, preme Court. They did more than pre- son in this country will be subjected to I am sorry to inform you that I will no vent President Obama from having the the rulings of a Supreme Court with a longer be able to continue my intern- opportunity to appoint a nominee to nominee that will have an asterisk by ship in your Washington, D.C. office. the Supreme Court, Mr. Speaker. his name because his opportunity ex- ‘‘I want to express that while I am in When they held up Merrick Garland, ists as a result of a hijacking that took constant fear questioning whether I they hijacked justice. They hijacked place. will be able to complete my under- justice and prevented the American Injustice anywhere is a threat to jus- graduate degree, or if my U.S.-citizen people from having the opportunity to tice everywhere, and we ought to real- sister will be separated from us, I am hear of the credentials of Merrick Gar- ize that this injustice cannot be toler- not giving in. My best memory work- land so that he could receive just con- ated and must be rectified. It is not re- ing in your office was running into an sideration. They didn’t have to approve taliation. It is rectification. old employer who came to the office him, but they should have in the sense The SPEAKER pro tempore. Mem- for a Capitol tour. Reflecting on the as- of justice. They should have given him bers are reminded to refrain from en- pirations I had working as a busser to the opportunity to be heard. gaging in personalities toward the Sen- get myself through high school, I re- They hijacked justice. When you hi- ate. member your persona always providing jack justice, this type of injustice can- f me with hope. That hope has grown ex- not go unchecked. We cannot allow the ponentially as I reminisce on the times legitimization of that hijacking to DO NOT DESTROY THE AMERICAN you walked into the office and greeted take place today. DREAM all your interns with such gratitude If we move forward with the nominee The SPEAKER pro tempore. The and enthusiasm. being proposed by the Republican lead- Chair recognizes the gentlewoman from ‘‘With infinite gratitude, Sergio.’’

VerDate Sep 11 2014 23:36 Feb 01, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.008 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H828 CONGRESSIONAL RECORD — HOUSE February 1, 2017 How does this promising young man’s Following his Catholic faith, Mr. SMITH I visited Everest Academy in fear make us safer? How can we stand is one of our greatest defenders of free- Lemont, where Principal Lori Broncato idly by while his family navigates un- dom and human rights around the and Father Jason gave me a tour of the speakable anxiety and pain? How can world. quickly growing school, and I answered we live with ourselves if we let these This year marks the 43rd anniversary questions from students before the hateful policies stand? of Catholic Schools Week. Since 1974, whole school wowed me with an im- Sergio is a bright young man dedi- Catholic Schools Week has celebrated pressive version of the song, ‘‘Amer- cated to public service, and now he is a the important role that these institu- ica.’’ young man questioning his future and tions play in America and their excel- Finally, I visited my alma mater, St. the future of his family. This story lent reputation for providing a strong Symphorosa, in the Clearing neighbor- breaks my heart; it should break academic and moral education as well hood in Chicago. I met with Principal yours. as teaching community responsibility Kathy Berry and Father Idzi and spoke President Trump’s executive orders and outreach. to students about my experiences at St. Syms and how my Catholic edu- are not just anti-immigrant; they are b 1045 anti-American. Most of our families, cation made it possible for me to serve This year’s theme, ‘‘Catholic including my own, came to this coun- in the U.S. Congress. Schools: Communities of Faith, Knowl- try as immigrants. These are just three of the many edge, and Service,’’ highlights the val- My father came through Ellis Island wonderful Catholic schools in my dis- ues that are the centerpiece of a Catho- in 1913 as an immigrant from Italy. He trict that are part of the Chicago Arch- lic education. diocese and the Joliet Diocese. was in school, and he had to leave Today, over 2 million elementary and Mr. Speaker, I hope my colleagues school in the seventh grade as he was secondary school students are enrolled will join me in congratulating and 11 years old because his teachers and in over 6,600 Catholic schools. These thanking Catholic schools across the his classmates laughed at him. students typically surpass their peers country, which provide first-class, He got himself an education, served in math, science, reading, history, and well-rounded educations and contribute his country in the United States mili- geography in the NAEP test. The same so much to our Nation. tary for 8 years, served on the City is true for SAT scores. And the gradua- f Council in New Haven, worked as hard tion rate for Catholic high school stu- as he could along with my mother, dents is 99 percent, with 85 percent of RECESS whose mother and father came from graduates enrolling in a 4-year college. The SPEAKER pro tempore. Pursu- Italy before her. They scrimped and As we continually hear disturbing re- ant to clause 12(a) of rule I, the Chair they saved to give me the finest edu- ports about our national test scores, declares the House in recess until noon cation. And as an immigrant family, these statistics are truly remarkable today. they could only dare dream that I and should be commended. Accordingly (at 10 o’clock and 48 would sit in the United States House of Notably, the success of Catholic minutes a.m.), the House stood in re- Representatives and be here today. schools does not depend on selectivity. cess. It is the American Dream. It is what These academic achievements are real- f this Nation is all about as we stand ized by students from all walks of life. b 1200 under this dome in this building, the Catholic schools accept 9 out of 10 stu- seat of our democracy. dents who apply and are highly effec- AFTER RECESS Do not let any individual, any polit- tive in providing a quality education to The recess having expired, the House ical party destroy that American students from every socioeconomic was called to order by the Speaker at Dream. Our country is made richer by category, especially the disadvantaged noon. immigrants. We have always welcomed and underserved urban communities. f men, women, and children to our Over the past 30 years, the percentage PRAYER shores so that they can build a better of minority students enrolled in Catho- life and build a stronger nation. lic schools has more than doubled, and The Chaplain, the Reverend Patrick The President’s executive orders are today they constitute about one-third J. Conroy, offered the following prayer: an insult to our country’s roots and of all Catholic school students. In Eternal God, we give You thanks for our values. Instead of uniting us, he times of economic hardship, Catholic giving us another day. threatens to further divide us. schools can provide an affordable alter- We thank You that we are a nation I stand with Sergio and the millions native to other forms of private edu- fashioned out of diverse peoples and of people like him whose futures are in cation. cultures, brought forth on this con- flux because of this administration’s In addition to learning reading, writ- tinent in a way not unlike the ancient misguided policies. ing, and arithmetic, students also learn people of Israel. As out of a desert, You Do not destroy the American Dream. responsibility and how to become per- led our American ancestors to this promised land where they declared f sons of character and integrity. Amer- ica’s Catholic schools produce grad- their independence and constituted a NATIONAL CATHOLIC SCHOOLS uates with the skills and integrity new nation founded upon unalienable WEEK needed by our businesses, governments, rights given to us by You, our Creator. Bless our Nation with wisdom, The SPEAKER pro tempore. The and communities, emphasizing a well- knowledge, and understanding, and Chair recognizes the gentleman from rounded educational experience and in- bless the Members of this people’s Illinois (Mr. LIPINSKI) for 5 minutes. stilling the values of giving back to the House. Renew in us the adoption by Mr. LIPINSKI. Mr. Speaker, today I community and helping others. That is Your Spirit that we may affirm our rise in support of National Catholic why ‘‘service’’ is in this year’s Catholic freedoms, not only with the conviction Schools Week and to recognize the out- Schools Week theme. My own decision in the way we understand others, but standing contributions that Catholic to pursue a career in public service was in ourselves by actions proven beyond schools have made and continue to fostered, in part, by dedicated teachers words. make to our Nation. throughout my formative years at Bless us this day and every day. May As a proud graduate of St. Catholic schools. all that is done here this day be for Symphorosa Grammar School and St. I celebrated Catholic Schools Week Your greater honor and glory. Ignatius College Prep and as a strong last week at a number of schools in my Amen. supporter of Catholic education, I have district. I visited St. Barbara Grammar f introduced H. Res. 57, honoring Janu- School, which is located in the Bridge- ary 29 through February 4 as National port neighborhood of Chicago. I met THE JOURNAL Catholic Schools Week. I would like to with Principal Nicole Nolazco and the The SPEAKER. The Chair has exam- thank the gentleman from New Jersey student council, and I spoke to and ined the Journal of the last day’s pro- (Mr. SMITH) for working with me on took questions from an all-school as- ceedings and announces to the House this resolution and on other issues. sembly. his approval thereof.

VerDate Sep 11 2014 23:36 Feb 01, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.010 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H829 Pursuant to clause 1, rule I, the Jour- EXPAND AND STRENGTHEN tion during the Hurricane Matthew nal stands approved. SOCIAL SECURITY floods. Ms. ROS-LEHTINEN. Mr. Speaker, (Mr. HIGGINS of New York asked and f pursuant to clause 1, rule I, I demand a was given permission to address the vote on agreeing to the Speaker’s ap- House for 1 minute.) MUSLIM AND REFUGEE BAN proval of the Journal. Mr. HIGGINS of New York. Mr. (Mrs. DINGELL asked and was given The SPEAKER. The question is on Speaker, this week in 1940, the first So- permission to address the House for 1 the Speaker’s approval of the Journal. cial Security check was issued. Since minute and to revise and extend her re- The question was taken; and the then, it has been one of our Nation’s marks.) Speaker announced that the ayes ap- most impactful and successful pro- Mrs. DINGELL. Mr. Speaker, I rise to peared to have it. grams. give voice to my constituents and their Ms. ROS-LEHTINEN. Mr. Speaker, I Social Security is based on a simple families whose worlds have been turned object to the vote on the ground that a premise: if you work hard, you should upside down following President quorum is not present and make the live a dignified retirement. It has been Trump’s executive order last Friday, point of order that a quorum is not a critical lifeline for America’s seniors, which they feel is directed at Muslims. present. tens of millions of whom were pulled Since the order was signed, we have The SPEAKER. Pursuant to clause 8, out of poverty because of this program. been flooded with calls, with messages; rule XX, further proceedings on this In order for Social Security to con- and no matter where I am in the dis- question will be postponed. tinue to fulfill its promise, Congress trict, people are scared and terrified. The point of no quorum is considered and the administration need to work I cannot convey to this House enough withdrawn. together. I am concerned that the new the feelings of individuals who have gone through a stringent vetting proc- f administration may wish to dismantle Social Security as we know it. The ess, who hold green cards, who are offi- PLEDGE OF ALLEGIANCE President’s choice for Budget Director cial legal residents—in some cases, has a long track record of calling for even citizens—who are afraid that The SPEAKER. Will the gentle- raises in the retirement age and of low- someone is going to knock on their woman from Michigan (Mrs. DINGELL) ering Social Security benefit payouts. door at 3 a.m. and take and deport come forward and lead the House in the In 2011, when my Republican colleagues them from this country. They are real Pledge of Allegiance. proposed cuts to Social Security, the people. Mrs. DINGELL led the Pledge of Al- nominee argued that the cuts were not The Detroit headlines are full today legiance as follows: rapid enough. This is unacceptable. of stories of an Iraqi whose mother I pledge allegiance to the Flag of the We cannot afford to weaken Social died, who had served with the military United States of America, and to the Repub- Security. We should expand and in Iraq, and was trying to bring his lic for which it stands, one nation under God, mother back. He is an American cit- indivisible, with liberty and justice for all. strengthen this program. We need to make Social Security more generous izen. Another is a doctor whose wife is f and increase the benefits so that to- in Qatar and had taken her baby day’s and tomorrow’s retirees get the home—both here legally. ANNOUNCEMENT BY THE SPEAKER dignified retirements that they have We all care about keeping this Na- The SPEAKER. The Chair will enter- earned. This is also good for economic tion safe. We also have to protect the tain up to 15 requests for 1-minute growth, higher wages, higher demand, fundamental pillars of our Constitu- speeches on each side of the aisle. higher economic growth, and oppor- tion. tunity. f f f MIAMI LIGHTHOUSE DIAMOND UNDOING JOB-KILLING THE ROBESONIAN ANNIVERSARY CELEBRATION REGULATIONS (Mr. PITTENGER asked and was (Ms. ROS-LEHTINEN asked and was (Mr. PEARCE asked and was given given permission to address the House given permission to address the House permission to address the House for 1 for 1 minute and to revise and extend for 1 minute and to revise and extend minute and to revise and extend his re- his remarks.) her remarks.) marks.) Mr. PITTENGER. Mr. Speaker, I rise Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. PEARCE. Mr. Speaker, many in honor of The Robesonian newspaper rise to commend the Miami Lighthouse times, people ask me: Just what is it in Lumberton, North Carolina, and for the Blind and Visually Impaired, an about regulations that kills jobs? That their exceptional public service during amazing nonprofit service organization is what we are involved in this week is the massive floods caused by Hurricane which is located in my congressional undoing some of those regulations. I Matthew. district, on its recent Diamond Anni- will be introducing one today to un- Last October, Lumberton was inun- versary Celebration of 85 years of serv- wind a regulation that the BLM re- dated with rain. The water treatment ice. cently put into place. plant was under 4 feet of water; Inter- The Miami Lighthouse has served What happened is, over a year ago, state 95 was shut down; hundreds of south Florida since 1931, offering essen- for the first time in 40 years, we al- homes and businesses were destroyed. tial programs and experiences for all of lowed Americans to export oil. We are The devastation, which I witnessed those who have visual impairments. diminishing the trade deficits—that is, firsthand, was unbelievable. The As a co-chair of the Congressional Vi- we are making our economy stronger— Robesonian’s own offices were de- sion Caucus, I understand the impor- by shipping to South American coun- stroyed, and much of the staff suffered tance of the mission of the Miami tries and to countries all over the personal loss, slept in offices, went Lighthouse: to provide vision rehabili- world. It is good for American jobs. without showers; yet the newspaper tation, eye health services that pro- Then the BLM comes in and puts in its continued to share vital information mote independence, to collaborate with onshore oil and gas order No. 3 rule, online and via social media. and train professionals, and to conduct which will make it more difficult for us Mr. Speaker, during this emergency, research in related fields. to produce oil off of public lands. It The Robesonian’s website and social Mr. Speaker, organizations like the simply shouldn’t be there. media were the only way many resi- Miami Lighthouse form the backbone We are introducing legislation today dents of Robeson County could access of our civil society. that will reject that as a bureaucratic updated information on shelters and Congratulations to my dear friend entanglement of job creation in the water distribution. Virginia Jacko and all of the staff and country. That is as simple as we could Thank you to the dedicated staff of many volunteers of the Miami Light- be. We look forward to the support of The Robesonian for putting the com- house as they continue their life- the Members of the House. munity first and serving with distinc- changing work into their 86th year.

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.012 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H830 CONGRESSIONAL RECORD — HOUSE February 1, 2017 TRUMP WHITE HOUSE’S POLICIES Owens will be posthumously awarded try has even come close. But we must (Ms. KELLY of Illinois asked and was with the Purple Heart. enforce our immigration laws. given permission to address the House Mr. Speaker, at this time, I would The great majority of the American for 1 minute.) ask that the House rise in a moment of people want border security. President Ms. KELLY of Illinois. Mr. Speaker, I silence to pay tribute to Navy SEAL Trump’s immigration order was not a rise to give voice to millions of Illi- Ryan Owens for his exceptional service Muslim ban. It did not even apply to 9 noisans who are outraged by President to our country. of the 10 largest population Muslim Trump and his disastrous first week in f countries. The President’s efforts are being office. He has already managed to STOP THE MUSLIM AND REFUGEE completely distorted. He is simply try- achieve a 50 percent disapproval rating. BAN ing to do what the people want. Here is a recap of his first week: He closed the White House telephone (Ms. PINGREE asked and was given f line, has attacked the health of mil- permission to address the House for 1 TRUMP’S IMMIGRATION POLICIES lions of families and started the proc- minute and to revise and extend her re- POPULAR marks.) ess to repeal the ACA—something that (Mr. SMITH of Texas asked and was Ms. PINGREE. Mr. Speaker, just experts estimate will kill 43,000 Ameri- given permission to address the House hours before President Trump’s inau- cans a year, has put politicians and for 1 minute and to revise and extend guration, I met a young woman in my politics between women and their abil- his remarks.) district from Djibouti who was named ity to make their own healthcare Mr. SMITH of Texas. Mr. Speaker, Fozia. Fozia had worked with our mili- choices. for days the media has saturated the tary as an interpreter. She came to the His Cabinet is stocked with a fore- news with stories savaging President United States for the freedom and safe- closure king, a billionaire lobbyist, and Trump for his immigration executive ty she could not find in her home coun- someone rejected from the Federal orders. bench for racially charged rhetoric. try; but as a Muslim and immigrant, The President wants to protect He capped off last week with the un- the rhetoric she heard during the elec- Americans by temporarily halting the constitutional and un-American Mus- tion had made her question whether admission of refugees from seven coun- lim ban that makes us less safe. It was she was welcome here. tries considered security threats to the so awful that it achieved bipartisan Since President Trump has issued his United States. condemnation. Even our allies are backdoor ban on Muslim immigrants Despite the media’s heavily biased starting to retreat from us. More than and a halt on all refugees, I have coverage, the American people still a million U.K. citizens signed a peti- thought of Fozia often as well as thou- agree with the President. A USA Today tion to keep President Trump from vis- sands of other refugees and asylees who poll found that 53 percent support ‘‘reg- iting. have undergone arduous journeys and istering immigrants from Muslim-ma- As we face new and emerging threats, thorough vetting to make Maine their jority countries.’’ Only 41 percent op- can we afford to allow this administra- home. pose it. tion to alienate us from long-held al- These good people have enriched our Even the poll was slanted against the lies? Mr. Speaker, it is time to get seri- State in many ways—raising families President. The question asked implied ous about the Trump White House’s and filling a vital need in our aging that all Muslim-majority countries policies. workforce. They live in New England were affected, which is not true. It also cities with French names that were used the word ‘‘register,’’ which has f built by Irish laborers, reminders of negative connotations and besides is MOMENT OF SILENCE HONORING the many generations of immigrants not accurate. CHIEF SPECIAL WARFARE OPER- who came here for a better life and who A more factual question that in- ATOR RYAN OWENS helped make our country great. quired about stricter vetting of refu- President Trump’s order is likely un- gees from the seven countries that pose (Mr. LAHOOD asked and was given constitutional, but without a doubt, it permission to address the House for 1 security risks likely would have gar- is un-American. This Congress is guilty minute and to revise and extend his re- nered even more support for the Presi- of the same sin if we don’t do every- marks.) dent’s executive actions. thing in our power to stop it. The media did everything they could Mr. LAHOOD. Mr. Speaker, I rise to turn the public against the Presi- with a heavy heart to honor Ryan f dent, but it didn’t work. The American Owens, a Navy SEAL from Peoria, Illi- b 1215 people are smarter than the media nois—my hometown—who paid the ul- thinks. timate sacrifice for his country over PRESIDENT’S EFFORTS ARE BEING the weekend in Yemen. DISTORTED f Ryan Owens, with his elite counter- (Mr. DUNCAN of Tennessee asked REPEAL OF MEDICAL DEVICE TAX terrorism unit, SEAL Team Six, was and was given permission to address (Mr. BANKS of Indiana asked and fatally wounded during a night raid the House for 1 minute and to revise was given permission to address the against al Qaeda in Yemen. The De- and extend his remarks.) House for 1 minute.) partment of Defense reported that the Mr. DUNCAN of Tennessee. Mr. Mr. BANKS of Indiana. Mr. Speaker, raid was a success but that the price Speaker, approximately 58 percent of I rise today to urge my colleagues on was steep. the people in this world have to get by both sides of the aisle to support a per- The Constitution of our great Nation on $4 or less a day. This means roughly manent repeal of the medical device was written in ink, but those principles 4 billion of the 7 billion in the world tax. are defended in blood. This remarkable are living in extreme or very great pov- The more than 7,000 medical device man’s sacrifice is a painful reminder of erty. companies in the United States con- the immeasurable cost of our freedom If we simply opened our borders, tribute hundreds of billions of dollars and national security and of the dark probably several hundred million would to our economy every year, employing evil we face as we wage the war against come here over the next 2 or 3 years. over 400,000 Americans, and creating terrorism. Our entire infrastructure—our schools, lifesaving technologies that benefit pa- My thoughts and prayers are with hospitals, jails, sewers, roads—in fact, tients around the world. Ryan’s grieving family this week: his our entire economy could not handle a Many of these device manufacturers father, his wife, and his children. I pray massive, rapid influx like that. are based in my district in and around that they will take comfort in knowing The American people are the kindest, Warsaw, Indiana, and we are proud that that his death was not in vain and that most generous people in the world. We Warsaw is often called the orthopedic neighbors, community, and Nation are have allowed far more immigration capital of the world. joining them in mourning his death than any other country over the last 50 The vast majority of medical device and in remembering his life. Ryan years—many millions. No other coun- manufacturers employ fewer than 50

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.014 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H831 people, with many generating little to eration of the joint resolution are waived. fits, they are also unfit to own a fire- no sales revenue. This is what makes The joint resolution shall be considered as arm. But this kind of thinking is dis- the potential reinstatement of the 2.3 read. All points of order against provisions criminatory, forcing those with disabil- percent excise tax on medical device in the joint resolution are waived. The pre- ities to choose between their constitu- vious question shall be considered as ordered sales so harmful. This misguided tax on the joint resolution and on any amend- tional rights or their disability bene- would subject the medical device in- ment thereto to final passage without inter- fits turns back the clock on disability dustry to one of the highest corporate vening motion except: (1) one hour of debate rights. tax rates in the world and eliminate equally divided and controlled by the chair This regulation singles out a single thousands of jobs. and ranking minority member of the Com- constitutional right to strip away from Repealing this tax has broad, bipar- mittee on Financial Services; and (2) one a group of Americans. It doesn’t make tisan support in both Chambers of Con- motion to recommit. sense. gress, and I urge my colleagues to SEC. 2. Upon adoption of this resolution it Why take away one right and not shall be in order to consider in the House the make eliminating this tax a top legis- others? Why not also strip those citi- joint resolution (H.J. Res. 40) providing for zens of the right to vote or the right to lative priority in 2017. congressional disapproval under chapter 8 of trial by jury or the right to free f title 5, United States Code, of the rule sub- mitted by the Social Security Administra- speech? RECOGNIZING CHANCELLOR KEITH tion relating to Implementation of the NICS In this country, your rights can’t be CARVER Improvement Amendments Act of 2007. All limited without due process, but this regulation limits a constitutional right (Mr. KUSTOFF of Tennessee asked points of order against consideration of the joint resolution are waived. The joint resolu- and only offers the recourse of appeal and was given permission to address tion shall be considered as read. All points of after the decision has been made. When the House for 1 minute.) order against provisions in the joint resolu- it is easier to have your rights stripped Mr. KUSTOFF of Tennessee. Mr. tion are waived. The previous question shall away than to have them restored, it Speaker, I rise today to recognize be considered as ordered on the joint resolu- means your due process rights have tion and on any amendment thereto to final Chancellor Keith Carver and celebrate also died in the process. his appointment as chancellor of the passage without intervening motion except: (1) one hour of debate equally divided and Mr. Speaker, this resolution restores University of Tennessee at Martin. the due process rights of individuals I have known Keith Carver for more controlled by the chair and ranking minority member of the Committee on the Judiciary with disabilities. This resolution also than 30 years, and I could not think of or their respective designees; and (2) one mo- refocuses the Social Security Adminis- anyone more deserving of this pres- tion to recommit. tration. The agency’s job is to admin- tigious role. We met during college at The SPEAKER pro tempore (Mr. COS- ister benefits to Americans, not adju- the University of Memphis. And during TELLO of Pennsylvania). The gentleman dicate cases concerning constitutional that time, I was always impressed by from Colorado is recognized for 1 hour. rights. his energy, his creativity, and his Mr. BUCK. Mr. Speaker, for the pur- Mr. Speaker, I am also worried that focus. Most importantly, he was and pose of debate only, I yield the cus- this regulation will divert precious So- certainly still is an incredibly strong tomary 30 minutes to the gentleman cial Security Administration resources leader; and that is the most important from Massachusetts (Mr. MCGOVERN), from vital agency tasks. We trust the part. pending which I yield myself such time agency to fulfill our commitments to I believe that Dr. Carver is the right as I may consume. During consider- seniors and those with disabilities. person at the right time—a time when ation of this resolution, all time yield- This regulation distracts from those this university needs strong, respon- ed is for the purpose of debate only. sacred promises. sible leadership. I thank Mr. JOHNSON and my col- GENERAL LEAVE I am so excited for the town of Mar- leagues for their hard work on this res- Mr. BUCK. Mr. Speaker, I ask unani- tin, for the University of Tennessee olution. We need to pass it. mous consent that all Members have 5 system, and the entire Volunteer State Mr. Speaker, we also need to pass the legislative days to revise and extend in this prosperous new era under Dr. joint resolution of disapproval for the their remarks. Carver’s strong leadership. I can’t wait Dodd-Frank section 1504 regulation. The SPEAKER pro tempore. Is there to see what great things we can accom- This resolution restores competitive- objection to the request of the gen- plish together. ness to American energy companies. It tleman from Colorado? allows American companies to comply f There was no objection. with foreign and domestic laws, and it PROVIDING FOR CONSIDERATION Mr. BUCK. Mr. Speaker, I yield my- protects American workers abroad. OF H.J. RES. 41, PROVIDING FOR self such time as I may consume. Section 1504 of Dodd-Frank requires CONGRESSIONAL DISAPPROVAL I rise today in support of the rule and companies to report their payments to OF A RULE SUBMITTED BY THE the underlying resolutions. our government or foreign govern- SECURITIES AND EXCHANGE Before us is a resolution of dis- ments related to oil, natural gas, and COMMISSION, AND PROVIDING approval that restores constitutional mineral extraction. After reporting FOR CONSIDERATION OF H.J. rights and empowers individuals with this to the SEC, the agency publishes RES. 40, PROVIDING FOR CON- disabilities. Many of us know someone these disclosures. This process is costly GRESSIONAL DISAPPROVAL OF A who struggles with a disability. We and unfair to American businesses. RULE SUBMITTED BY THE SO- know friends or family who have men- By forcing disclosure of project-level CIAL SECURITY ADMINISTRA- tal challenges. We know these people, sensitive business information, Amer- TION and we know they deserve the same ican energy companies will face a dis- constitutional protections as everyone advantage against government-owned Mr. BUCK. Mr. Speaker, by direction else. energy companies. Since government- of the Committee on Rules, I call up That is why this resolution is so im- owned companies control three-quar- House Resolution 71 and ask for its im- portant. It ends discrimination against ters of the world’s oil supply, this regu- mediate consideration. individuals with disabilities. It restores lation could drastically impair the The Clerk read the resolution, as fol- due process rights. It keeps the Social competitiveness of American compa- lows: Security Administration focused on its nies. And the actual cost of compliance H. RES. 71 duty. limit, estimated by the American Pe- Resolved, That upon adoption of this reso- Mr. Speaker, the Obama administra- troleum Institute to take 217,000 em- lution it shall be in order to consider in the tion’s last-minute regulation to strip ployee hours over a 3-year period, House the joint resolution (H.J. Res. 41) pro- disability benefit recipients of their would be devastating. viding for congressional disapproval under constitutional rights is deeply trou- Section 1504 must also be rolled back chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Ex- bling. because it might force American com- change Commission relating to ‘‘Disclosure The regulation at hand declares that panies to break the law of foreign of Payments by Resource Extraction just because an individual needs assist- countries. Some foreign nations pro- Issuers’’. All points of order against consid- ance in managing their disability bene- hibit the very disclosure requirements

VerDate Sep 11 2014 05:59 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.016 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H832 CONGRESSIONAL RECORD — HOUSE February 1, 2017 required by this SEC regulation. Our want to do—the process my Republican stand the impact of the actions that we companies should not have to decide friends have embraced, to put it gently, may or may not take in this Congress. between following the rule of law here is reckless. No matter what you think That is our job. and following it abroad. of a particular regulation, or rule—or, The American people have given us Finally, by forcing such detailed and in many cases, they are protections— the responsibility to take the time to specific disclosures to the public, sec- no matter what you may think of a do our job right and to carefully con- tion 1504 could make energy extraction particular regulation, there is no deny- sider the laws we pass. To say that we sites prime targets for terrorists. ing that these rules that my Repub- don’t have time for hearings and delib- Whether in the U.S. or abroad, we need lican friends are bringing to the floor eration—never mind, we don’t have to wisely protect American workers to repeal went through a vigorous proc- time to allow an open process where from terrorism and other threats. ess that took months and months, and people might want to offer amend- Mr. Speaker, this resolution restores even years to complete. ments—is ridiculous. It is shameful. competitiveness to American compa- They went through agency review. And I will tell my Republican friends, nies, allowing them to contribute to They went through a lengthy comment stand up to your leadership on this. the global energy economy in a safe, period, oftentimes thousands, if not This is not the way this House should secure, and legal manner. tens of thousands, of people weighed in be run. It is time for Congress to reassert its on the pros and cons of a particular So as we consider the repeal of the authority and fix this poorly imple- idea. But the idea that we would just NICS rule, we should remember that mented legislation. erase them with the blink of an eye, no Congress has failed to take any mean- I commend the work done by Rep- hearings, no markups, nothing, it is a ingful action on gun violence at all. We resentative HUIZENGA and my col- mindless way to legislate and a dis- have massacres on a regular basis in leagues on this important resolution, turbing way to govern. this country. All we do is we have a and I urge its passage. The ‘‘act first and think later’’ ap- moment of silence. That is our re- I reserve the balance of my time. proach was on full display with Presi- sponse. We have a high rate of suicides in this country due to gun violence. It Mr. MCGOVERN. Mr. Speaker, I yield dent Trump’s Muslim ban. It was so myself such time as I may consume. hastily enacted that his own Secretary is something we ought to talk about. And I think that the NICS rule is a (Mr. MCGOVERN asked and was of Homeland Security didn’t even know given permission to revise and extend that the President was signing the ex- commonsense, responsible gun safety his remarks.) ecutive order until he saw it on cable measure that could potentially save the lives of thousands of people in this Mr. MCGOVERN. I thank the gen- news. The Trump White House did such country. I think Congress has the re- tleman from Colorado (Mr. BUCK) for a poor job of briefing the Federal agen- extending me the customary 30 min- cies charged with enforcing the policy sponsibility to keep our families safe, not remove safeguards that help pre- utes. that airports across the country were vent gun violence. Mr. Speaker, we are only one month caught completely off guard, and there Far too many have lost their lives to into 2017; and today we have another was widespread confusion and chaos preventable gun violence. This rule is closed rule or, as I call them now, about how to carry it out. That is what happens when you don’t intended to keep firearms out of the Putin rules. This is the kind of process hands of those suffering from severe embrace a process that is thoughtful. they have in Russia: no amendments, mental illness. That is a commonsense You get confusion, you get chaos, and no debate, no nothing, completely shut idea that I think we all should agree you usually get bad policy. down. It is your way or the highway. on. In 2007, President George W. Bush This is not the way the United States The mindless approach to governing by Republicans continued this week. signed a bipartisan bill to identify indi- House of Representatives, the greatest viduals ineligible to possess firearms deliberative body in the world, should On Monday, President Trump an- nounced that, for every new regulation because of severe mental health issues. be run. This is shameful. I have very This rule allows for a reporting method passed, two regulations must be re- serious concerns about the road that to ensure that the law is implemented pealed. That is it. No details on what we are traveling down, Mr. Speaker. effectively. The 115th Congress is only a few kind of regulations would be repealed, It is intended to save lives. Every weeks old, and we have already ushered or why they would be repealed. This is year in the United States, more than in a process that is alarmingly restric- a blind shotgun and arbitrary approach 21,000 people kill themselves, and men- tive. Sadly, it has become routine in to our Nation’s laws. We shouldn’t be tal illness is also an important factor. this Republican House for the majority dumbing down the way we govern. The A gun is used in the majority of these to close down the process, rush bills American people deserve better from cases. The people listed on NICS are through the House without regular their leaders in Congress, and I think the 75,000 dealing with the most severe order, enforce the rules for Democrats they deserve better from their leaders mental illnesses. These are people who but not for Republicans, and insist on in the White House. need help, not access to a dangerous spending all of our time on partisan Now, when this legislation came be- weapon like a gun. legislation instead of working together fore the Rules Committee the other I think this rule is a critical step, but to find bipartisan compromises and so- night, there were plenty of questions. we must close the online gun show lutions to the real problems facing The hearing went on for a long time. loopholes, and we must ensure uni- American families and workers. Lots of the questions came from my versal background checks. I think we Mr. Speaker, today’s legislation Republican friends. And I will tell you, ought to bring to the floor a bill that makes clear that the Republicans are the chairman’s answers were not al- says that if the FBI and our security eager to repeal protections put in place ways that enlightening. I think maybe agencies have put you on a terrorist to help the American people. We should some more hearings would have helped. watch list and think that you are too be working to expand opportunity for But in response to some of these objec- dangerous to fly on an airplane, then hardworking families and strengthen tions, namely, did the bill undergo any you ought not to be able to go out and safeguards to put the American people review by a committee, one of my Re- buy a gun. first, not corporations, not wealthy publican friends—and it may have been But under the way this House is run, CEOs, not big donors, and not special the gentleman from Colorado—said: We we can’t even bring those things to the interests, but the people ought to come don’t have time. We don’t have time floor for a debate. The Republican lead- first. for hearings. We have so many regula- ership and the Republican Rules Com- tions that we want to repeal. mittee blocks it so that there can’t be 1230 b Don’t have the time for a hearing? real deliberation on the House floor. Today is another sad day. We are en- Don’t have the time to understand When people ask me all the time, gaged in what I would call mindless what we are doing? I thought that was Why can’t you have a debate on this, or legislating. While my Republican part of our job. We were supposed to why can’t you have a vote on it, I have friends say they want to repeal need- deliberate. We were supposed to read to explain that the House Rules Com- less regulation—something that we all the bill. We were supposed to under- mittee, run by nine Republicans, says

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.018 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H833 no to everything, says no to every idea On top of that, this rule is our most gitimate payments being made to for- that they don’t absolutely embrace. affordable and effective way to fight eign governments, the payments that And that is not the way Congress corruption abroad. We cannot afford to we are discussing here, and we should should be run. betray our own principles and severely still prosecute any corruption to the Mr. Speaker, even if you disagree undercut our allies in Europe and Can- full extent of the law. with me on the value of this rule, I ada. It would cost countless lives over Mr. Speaker, I reserve the balance of think it is an important enough issue the long run and endanger our secu- my time. that there ought to have been a hear- rity. We need to put American inter- Mr. MCGOVERN. Mr. Speaker, I yield ing. There ought to have been that op- ests first, ahead of the special inter- myself such time as I may consume. portunity to deliberate and to talk ests, ahead of the corporate interests, With regard to the NICS bill, I have about it and what the impacts are. But and retain that important rule. a very different version of history than no, nothing. We don’t have the time. Obviously, I urge my colleagues to the gentleman does, including one that So here we are. vote ‘‘no’’ on the repeal of these two represents a bipartisan compromise Mr. Speaker, the other bill before us rules, but you got to do what you got with the Bush White House. is a naked attempt by Republicans to to do. But I urge you to vote ‘‘no’’ on So I have a very, very different recol- undo anticorruption rules. The rule this rule. lection of history than he does on that. that they are so upset about would re- And I ask you to vote ‘‘no’’ because it And on the other bill, it is all about quire energy companies on the U.S. should be a principle vote. corruption, and it is all about giving stock exchange to disclose payments This place is becoming so closed up, Big Oil what they want. they make to foreign governments for so restrictive, that this is not a delib- At the end of the day, the two inter- access to their natural resources. erative body anymore. We are not talk- ests that are most happy with the re- Now, there are reasons for this. It is ing about things anymore. It is basi- peal of this rule are Big Oil and Russia. important that there be transparency. cally whatever the leadership wants, And if that is where we believe that we We heard all about the plans to drain whatever Donald Trump wants, you ought to be using our energy to help the swamp, but President Trump and bring to the floor, rubber stamp it, and then go ahead and vote to repeal it. the Republicans are doing all they can that is it. But again, I think that this process to turn the swamp into a cesspool. I don’t care what political party you speaks for itself. Putting aside all of his conflicts of are in, nobody who got elected by the Mr. Speaker, I am going to urge my interest that, I think, are on a collision people of this country should stand for colleagues to defeat the previous ques- course with corruption, I mean, repeal- that kind of process. tion, and, if they do, I will offer an ing things like this, is just a bad idea. With that, I reserve the balance of amendment to the rule to bring up The Republicans in Congress are trying my time. Representative LOFGREN’s bill to over- to roll back regulations like this one Mr. BUCK. Mr. Speaker, I yield my- turn and defund President Trump’s im- that are aimed at increasing trans- self such time as I may consume. moral, unconstitutional, and discrimi- parency and fighting corruption. I appreciate my colleague from Mas- natory executive order banning Syrian ExxonMobil heavily lobbied against sachusetts raising the issue of a refugees and suspending immigration this rule. And now, with former thoughtful process and whether this from certain countries. ExxonMobil CEO Rex Tillerson on the legislation was rushed to the floor. President Trump’s executive order cusp of becoming our country’s new I think it is worth noting that the flies in the face of our Nation’s values. Secretary of State, Republicans are original legislation, which this rule It compromises our national security proposing to kill this anticorruption seeks to amend, became law in a time by providing terrorist groups with a re- rule that benefits Big Oil. That is reck- when my colleague was in the House cruiting tool. This executive order less, and it is irresponsible. and his party was in the majority. The needs to be overturned, and, if we de- When this rule was enacted as part of NICS Improvement Amendments Act of feat the previous question, we will the Dodd-Frank bill in 2010, the Big Oil 2007 was introduced in the House on bring up legislation to do just that. lobbies strongly fought against it in June 11, 2007. Mr. Speaker, I ask unanimous con- court, but Congress fought back to as- The bill was moved by Congressman sent to insert the text of my amend- sert America’s traditional role as a CONYERS under suspension of the rules ment in the RECORD, along with extra- global leader in fighting corruption. and passed by the House on June 13, neous material, immediately prior to American leadership delivered results. 2007. There was no markup in the Judi- the vote on the previous question. The European Union promptly moved ciary Committee. There was no mean- The SPEAKER pro tempore. Is there to enact nearly identical legislation, as ingful debate on the floor. The bill was objection to the request of the gen- did Canada with support of its global rammed through the House in 3 days tleman from Massachusetts? mining companies. without any thought to the potential There was no objection. But now, Big Oil is back seeking re- consequences of its passage. It passed Mr. MCGOVERN. Mr. Speaker, I yield peal of the rule so their payments can the Senate by unanimous consent. 5 minutes to the distinguished gentle- be kept secret from the American peo- I did not see others standing up to woman from California (Ms. LOFGREN) ple. They claim they will be at a com- leadership at that point in time. In its to discuss our proposal. petitive disadvantage to foreigners, or implementation, we are seeing the con- Ms. LOFGREN. Mr. Speaker, I urge they will have to reveal commercially sequences. They involve the stripping Members to vote against this previous sensitive information. away of constitutional rights and due question so that the bill to overturn But with Europe and Canada in the process rights. They involve the elimi- President Trump’s ill-advised ban on same disclosure system, the playing nation of due process rights. They in- travel can be addressed. field is now level and the companies al- volve discrimination against individ- ready filing have suffered no commer- uals with disabilities. b 1245 cial harm, nor revealed vital secrets. As for the point that this rule that There has been a lot of dustup and The fact is, this won’t cost a single we are now debating somehow encour- discussion about this, but, really, if American job, and the only thing oil ages corruption, the fact is that this you read the order, it is very clear companies will need to do differently is regulation puts U.S. companies at a what it does. It suspends entry for 90 report their numbers. competitive disadvantage to state- days of all immigrants—that is green Aside from Big Oil, those most eager owned entities abroad that are not sub- card holders—and nonimmigrants from to repeal this rule are autocrats in ject to SEC regulation. seven Muslim majority countries. It places like Russia, Iran, and Ven- Additionally, it costs hundreds of also suspends all refugee admission for ezuela—with oil wells, gas fields, or millions of dollars in compliance costs 120 days. copper mines—who want to keep the for U.S. businesses. The Foreign Cor- Now, there has been discussion about money secret from their citizens. Why rupt Practices Act already prohibits the Middle East refugees, but if you should we do their bidding? Why should bribes to foreign governments to ob- look at last year, most of the refugees we be in league with them? tain or retain business. These are le- who came in were from the Congo and

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.020 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H834 CONGRESSIONAL RECORD — HOUSE February 1, 2017 also from Burma. Those individuals This valiant woman now can’t come to by the American people that rule- who have suffered—they have been tor- Washington, to the U.S. Congress, to making goes too far. That is why we tured—are going to stay in the refugee receive the Tom Lantos Human Rights are here today. camps at least for 120 days, and, obvi- Prize because of President Trump’s ban We are here today because there is a ously, this disrupts the program. This on individuals coming from Syria. group of rules that were promulgated will be a much longer end to the ref- This is a ridiculous situation. It is il- that don’t work and that did not really ugee program. legal, it is unconstitutional, it is con- see, in our opinion, the balance of what Now, there is an exception, and the trary to American values, and it was going to be in it for the American President has said he wants to let doesn’t make any sense. So I would people. So, in particular, we are here to Christian refugees in, and the order hope that we can defeat this previous talk about a Social Security rule that itself says minority religions. There is question and that we can do something discriminates against individuals with a problem not only with violating the responsible: stand up for the rule of disabilities by denying them their con- law because the Immigration and Na- law, stand up for the Constitution, stitutional rights. tionality Act prohibits discrimination stand up for common sense, and over- The gentleman, Mr. MCGOVERN, based on nationality and on religion, turn this executive order. spoke very clearly about a meeting but also the premise is that Christians Mr. BUCK. Mr. Speaker, I reserve the that we had at the Rules Committee. I who had been persecuted were not ad- balance of my time. think that the witnesses that we had mitted as refugees. That is simply Mr. MCGOVERN. Does the gentleman were very specific and that they ques- false. That is false. There were large have any other speakers? tioned—including Mr. BUCK, who was numbers of refugees who have been per- Mr. BUCK. I am waiting for one. I do most active in his participation in the secuted, including Christians. This not have a speaker now, but the gentle- hearing—to work through the rule that order violates the Immigration and Na- man’s eloquence would be welcome at is promulgated but doesn’t make sense tionality Act. It also violates the Con- this point and any way that the gen- when you evaluate it. The administra- stitution. That is why my bill should tleman would like to inform us on im- tion chose to, I think, without due be brought up. portant issues. process, take away from a person based I am going to give you just two ex- Mr. MCGOVERN. Mr. Speaker, I yield upon a disability that had nothing to amples. One is General Talib al-Kenani, myself such time as I may consume. do with their ability to effectively con- who is an Iraqi four-star general who is Mr. Speaker, again, as my distin- trol a weapon, but based upon other commanding an elite, American- guished colleague, Ms. LOFGREN, stat- criteria and to take away a person’s trained counterterrorism unit that has ed, we want to defeat the previous Second Amendment rights. led the fight against ISIS for the last 2 question because we are horrified, We oppose that. That is one of the years. His wife and children were quite frankly, by the impact that reasons why we are here today. This moved to the United States because President Trump’s executive orders on rule that we are going to take away staying in Iraq was too unsafe for immigration have had on a lot of good, wrongly discriminates against those them. He is now unable to visit his decent people, many of whom have al- receiving disability benefits and, I be- family in the United States. He told ready been vetted. We have students lieve, falsely promulgates a stereotype CBS News: ‘‘We thought we were part- who have been held up who have stu- against individuals with mental illness, ners with our American friends, and dent visas, we have dual citizens who calling them dangerous. There are peo- now we realize we are just considered have been caught up in this mess, and ple who do have mental illnesses, there terrorists.’’ we have people coming to get human are people who are struggling in life, How does this help the fight against rights prizes. I could go on and on and and there are people who need help and ISIS? on, but we need to correct this. We are seek help; but that is not a criteria for I want to give you another example. better than this. taking away a person’s constitutional Remember the Yazidis? The Yazidis I would suggest to my Republican right. were being persecuted by ISIS. We re- friends, rather than circling the wag- We are joined in what we believe by member that they had been isolated at ons to try to defend the indefensible, the National Council on Disability. the top of a mountain in Syria; and they ought to join with us and defeat This is what they said in a letter that when President Obama was in office, he the previous question so that we can they sent that was dated January 24 of acted. We bombed ISIS and we saved actually do the right thing and over- this year: ‘‘There is, simply put, no the Yazidis. This is what President turn this narrowminded, misguided, nexus between the inability to manage Obama said: ‘‘When we have the unique and discriminatory policy. money and the ability to safely and re- capabilities to avert a massacre, then I Mr. Speaker, I reserve the balance of sponsibly own, possess, or use a fire- believe the United States of America my time. arm. This arbitrary linkage not only cannot turn a blind eye. We can act, Mr. BUCK. Mr. Speaker, I yield such unnecessarily and unreasonably de- carefully and responsibly, to prevent a time as he may consume to the gen- prives individuals with disabilities of a potential act of genocide. That’s what tleman from Texas (Mr. SESSIONS). constitutional right, it increases the we’re doing on that mountain.’’ Mr. SESSIONS. Mr. Speaker, I am stigma for those who, due to their dis- I mention this because there is an in- pleased to join my colleagues, the gen- abilities, may need a representative dividual, a Yazidi woman, who had tleman from Massachusetts (Mr. payee. . . . ‘’ been the only Yazidi person—woman— MCGOVERN), who sits on the Rules So what happened is the rule by the in the Iraqi parliament, Vian Dakhil. Committee, and Mr. BUCK, who is han- administration linked together these One week after the President’s an- dling, I think, his first rule as a mem- characteristics that they think iden- nouncement, she was injured in a heli- ber of the Rules Committee today. Mr. tify a person as being a risk so they copter crash during a mission to de- BUCK is from Windsor, Colorado. He is take away their constitutional right. liver humanitarian aid to the Yazidis a second-term Member and is doing an We couldn’t really relate to anybody who were trapped in the siege by ISIS. awesome job not only on his homework that had done this, but it simply She has received awards in London, in duties of recognizing how important it sounded like a good idea, I am sure, to Dubai, in Vienna, and in Geneva for her is for Members to understand what we people, and so they did this. human rights work. Ironically, she was are talking about and why we are doing Mr. Speaker, we are not trying to supposed to come to Washington, D.C., things, but also enunciation of rules right all wrongs at the Rules Com- next week to come to the U.S. Capitol that we are talking about that were mittee, but when you take away some- to receive an award from the Tom Lan- promulgated by an administration. body’s constitutional rights and take tos Human Rights Commission. Now, Mr. Speaker, what we are really here advantage of a person because of their we remember our late colleague, Tom today to talk about is there are some disability, I don’t think that is fair. Lantos, the only Member of Congress of those rules and regulations where I am proud of what Mr. BUCK is doing who survived the Nazi concentration perhaps you didn’t go through the here. I am proud that we stood up on camps, and we have established this process that you should have or where this issue, and I am pleased to be on humanitarian prize in his memory. there was really a determination made the floor not only to support Mr. BUCK,

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.023 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H835 but people who also live in the congres- only, once again, for being here, but for wise. I think it is blatantly unwise sional district that I represent in Dal- responsibly standing up for his party that we would unearth contracts from las, Texas. I have received several calls and the things which they not only the free enterprise system while, at the from people. While I will not say their have a right to bring to the floor, but same time, knowing they have to fol- names, they live in Dallas, Texas; Gar- an opportunity for him to discuss those low the rules of engagement, meaning land, Texas; Wylie, Texas; and Rowlett, things as he chooses to justify the the rules under the Foreign Corrupt Texas; and they are worried about rules that we are going to not only dis- Practices Act, at the same time. their ability to lose their constitu- cuss their merits, but to really ensure So, Mr. Speaker, what we are here to tional rights simply because they have that the American people understand say is that we believe that these agen- some help in managing their affairs but why we believe that these rules that cies are trying to harm America’s op- not related to a constitutional right of were promulgated need to be over- portunity to go and seek out good owning a weapon. turned. deals, better deals, and to find long- So I am pleased to do this. There is Mr. Speaker, the second joint resolu- term contracts around the globe, wher- no grandstanding necessary. There is tion that was included in Mr. BUCK’s ever they might be, and that they have an understanding of some things that rule is a resolution that discusses the singled out energy companies, that can be written properly and some Securities and Exchange Commission they have gone out of their way in things that can’t, and I simply think related to what is called disclosure of what was known as the Obama admin- they got it wrong, and that is what we payments by resource extraction istration to single out energy compa- are going to do here today. I thank the issuers. nies because they don’t like energy gentleman, Mr. BUCK, for allowing me My gosh, what does that mean? Well, deals. the chance to speak on this important we understood the previous administra- Mr. Speaker, what has happened as a issue. tion is anti what they call Big Oil. result of not only this, but legislation Mr. MCGOVERN. Mr. Speaker, I ask They are after anybody that is in the that the Congress has done on Decem- the gentleman from Colorado if he has oil business. You and I both understand ber 18, 2015, is we changed the Federal additional speakers or is that the that our country and the world is law related to the export of U.S. en- speaker we were waiting for? stronger because we don’t freeze to ergy. Before, there was a provision, Mr. BUCK. Mr. Speaker, I have a few death in the winter and we don’t get some 40-year-old provision, that did comments before I close, and then I too hot in the summer because we have not allow energy from the United would like to recognize the chairman available energy at a great price. States to be sold overseas. Once we did for additional comments. But it means that companies in the that, it completely turned the market upside down. So what might be deals Mr. MCGOVERN. Mr. Speaker, I re- United States also go around the world serve the balance of my time. to find other places where they may ex- then and deals now are in the best in- Mr. BUCK. Mr. Speaker, I yield my- tract oil or resources related to energy, terest of consumers instead of what self such time as I may consume. and the Securities and Exchange Com- might be OPEC or a few other energy- Mr. Speaker, I thank the chairman of mission published in the Federal Reg- rich countries. We think that what this was done for the Rules Committee for being here ister, on July 27, 2016, a rule that would was to punish those companies that today and just reinforce some of what place American companies—and only American companies—that extract val- can go find better deals by telling ev- the chairman had to say. erybody what happened—but it was As I travel Colorado, I hear from in- uable resources—meaning energy— from other places in the world and that mostly done to punish—and it put us at dividuals of all walks of life about the a disadvantage. they would have to publicly disclose regulatory burdens that they face, the We are here on the second part of arrangements and deals that they burden that has been placed upon them this joint resolution to say that the by their own government and how make related to them buying these re- rule that was promulgated on July 27, those burdens have impeded their life, sources. 2016, is bad for America, is bad for con- The Securities and Exchange Com- liberty, and certainly pursuit of happi- sumers, and most of all, it is bad for mission understands already the rules ness. Small-business owners who would America to have rules and regulations that are on American companies, in- not open their business today because that take away the power of a private cluding a rule that we know as the For- of the change in the business climate contract. find that their tax burden, their regu- eign Corrupt Practices Act, which We stand up and say: What are we latory burden, and the attitude of Fed- means that an American company can- going to do about it? We are going to eral regulators is such that they would not go overseas and induce through go through the deliberate action that choose a different path had they had to bribing someone to do something. But was taken not only at the White House, do it all over again. now, in order to stop these companies— but was taken on the floor of the House I talked to school administrators many of them large companies, many of Representatives so that we have our who are, again, facing a pile of paper- of them medium-sized companies, but say in the matter on rules and regula- work to comply with school and nutri- their nexus is that they are energy tions. tion requirements that have been pro- companies—they are going to require Mr. Speaker, I would advise my col- mulgated by this previous administra- in this rule that that company tell ev- league, Mr. BUCK, that there is a person tion. erybody, including competitors, what who heard this debate going on and has the deal might be that they got. So a b 1300 come to the floor. I don’t know if he private contract that might be between would choose to yield time to the gen- I talk to veterans who have to wait a country, a company, and an Amer- tleman from Kentucky (Mr. MASSIE), on long, long lines and fill out ridicu- ican company is now going to see the but I have been told that Mr. MASSIE lous paperwork because the Veterans light of day. would like to help me along on some of Administration is unable to recognize Mr. Speaker, I think that is wrong. my comments because of his excite- the necessity, the importance of what Fortunately, so does my party. We ment about what this rule does. those veterans are trying to accom- think that is wrong, because it unnec- Mr. BUCK. Mr. Speaker, how much plish at the VA. I am deeply concerned essarily puts U.S. companies at a com- time do I have remaining? about the regulations, and I am proud petitive disadvantage to many state- The SPEAKER pro tempore (Mr. that my colleagues have decided to ad- owned competitors around the world HULTGREN). The gentleman from Colo- dress some of these regulations in the who are competing, many times, for rado has 71⁄2 minutes remaining. The way that they have. I appreciate the the same resources. gentleman from Massachusetts has 93⁄4 chairman standing up on this issue. In other words, we just told them minutes remaining. Mr. Speaker, I yield such time as he what the deal is—how much money, Mr. BUCK. Mr. Speaker, I yield such may consume to the gentleman from what the arrangement is, how it might time as he may consume to the gen- Texas (Mr. SESSIONS). be concluded—and that is a violation, tleman from Kentucky (Mr. MASSIE). Mr. SESSIONS. Mr. Speaker, I thank in my opinion, of not only the power Mr. MASSIE. Mr. Speaker, I thank the gentleman from Massachusetts not that the SEC has, but I think it is un- my colleagues, SAM JOHNSON and

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.024 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H836 CONGRESSIONAL RECORD — HOUSE February 1, 2017 RALPH ABRAHAM, for sponsoring this speak, I think it would have been nice b 1315 joint resolution. I would also like to if the Judiciary Committee could have And then, on top of that—and I said point out that my colleague from Colo- actually had a hearing on this and this earlier—is that other countries rado is a member of the Second Amend- maybe delved into some of the issues have followed suit. Canada and the Eu- ment Caucus, and he has been working that the gentleman raised. ropean Union and Norway have all hard on this issue. When people say that there is no due passed similar laws. It is not just the H.J. Res. 40 would strike down a rule process, I would remind them that, United States being singled out. That that was finalized by the Social Secu- under the rule, impacted beneficiaries is just wrong. Maybe, if we had a hear- rity Administration just days before are notified that this determination is ing in the committee of jurisdiction, the close of the 114th Congress. This being considered and they are provided that would have been clear, and this rule is yet another example of the pre- a process to challenge that determina- wouldn’t be a point of contention. vious administration’s last-ditch ef- tion. Should the Social Security Ad- The fact of the matter is, it is a sim- forts to attack our Second Amendment ministration determine that that re- ple reporting requirement. It places no rights. cipient is able to safely use or possess limits or restrictions on who compa- Any attempt to curtail the right of guns, rights are restored and the per- nies can pay money to or how much or Americans to defend themselves and son’s name is removed from NICS. That for what. It has absolutely no regu- their liberty is untenable. This scheme is what it says. latory effect on any aspect of their is particularly appalling because of Now, if there is a way to improve business operations. There is abso- whom it targets and how the adminis- this, I am all for improving it; but by lutely no benefit to nullifying this tration sought to implement the rule. passing this measure here today, you commonsense law unless your objective The rule targets our grandparents, prevent the agencies that are impacted is to make it easier for corrupt elites our elderly mothers and fathers who here from ever being able to revisit the to steal money. The rule has no regu- have been awarded disability benefits issue unless Congress deemed it appro- latory impact on business operation and have had a family member or priate. and does not define illegal or improper guardian appointed to handle their fi- So we are not trying to fix anything payments. It is a simple reporting re- nances. They haven’t committed a here. Basically, what we are doing is quirement. crime or demonstrated that they were the bidding of the National Rifle Asso- There is a problem with corruption, a danger to society. There is no trial, ciation to eliminate anything aimed at especially in places like Russia. Now, I no presumption of innocence. Their protecting people from gun violence in know with the new administration, names are sent to the NICS database this country. Russia is now in, and we are all sup- and their firearms are taken away, The gentleman from Colorado talked posed to say nice things about Russia. their right to own a firearm. about the fact that his constituents But Russia has a terrible record on Hardened criminals don’t have their want the right to protect their rights human rights, and Russia has a terrible rights violated to that extent without for life, liberty, and the pursuit of hap- record when it comes to corruption, due process, so why would it be accept- piness. Well, my constituents want and we know that. We ought to not just able for our seniors? that, too, but they have a right to not cave to everything that Russia wants, These men and women have worked have to be victims of gun violence. and Russia and Big Oil want this re- hard to raise families, worked a job, They have a right to protect their pealed. and paid their fair share of taxes. Now So I would say to my colleagues that loved ones who may use a weapon they are being told that, in order to re- we can argue about the merits of all of against themselves or their family ceive their Social Security benefits, this, and that is fine, but I go back to members. they must first surrender the funda- my original point. This is the rule, and But again, we can have this argu- mental right to defend themselves. Is the Speaker of the House talked about ment on whether or not we should do this the level of pettiness to which we the importance of regular order. I have more—and I believe we should—to pro- have sunk? heard my colleagues talk about the im- tect people in this country from gun vi- The House and the American people portance of regular order. We don’t olence, but that discussion ought to have soundly rejected gun control in have regular order. You are all out of have happened first in the Judiciary all of its forms year after year; yet this order. We end up coming to the floor Committee, at a minimum, not in the last administration bypassed the legis- with legislation that is always under Rules Committee. I am on the Rules lative process, imposed a rule, and restrictive processes, and most of the Committee. I admire the intellect of completely disregarded due process in time now, in this new Congress, com- everybody on the Rules Committee, order to strip seniors of their constitu- pletely closed rules. That doesn’t just but our expertise is not on judiciary tional rights. Our seniors deserve bet- disadvantage Democratic lawmakers matters. ter than that. who may have some ideas or may want This rule is not about protecting Similarly, on the other rule that is to raise some issues, it disadvantages anyone. This rule should be seen for being repealed, the Financial Services Republicans who may want to come to what it truly is: awful, politically mo- Committee should have deliberated on the floor with thoughtful ideas. tivated, and a dangerous infringement that. I think there are some serious I urge my colleagues to absolutely on our Second Amendment rights. issues raised by repealing that rule, vote ‘‘no’’ on this rule because, again, Mr. MCGOVERN. Mr. Speaker, I yield issues that I think go to the heart of we are getting into this habit where it myself the balance of my time. corruption not only here in the United is closed, closed, closed, closed, closed, Mr. Speaker, in closing, I am not States, but around the world. and it undermines the integrity of this sure where to begin, because I have When the chairman of the Rules House of Representatives. It really is heard so many fascinating things here Committee got up and gave his descrip- shameful. today. tion that somehow the U.S. oil compa- Finally, I will urge my colleagues to The distinguished chairman of the nies are only being singled out, it vote ‘‘no’’ on the previous question so Rules Committee said we are here makes my case why we should have that we can have a debate and a vote today to enunciate the rules. I don’t had a hearing. What he just said, in my on overturning President Trump’s know what there is to enunciate. The opinion, does not reflect reality. awful, discriminatory executive orders only thing to enunciate is this is a The fact of the matter is, I looked at on immigration. It jeopardizes our na- closed rule. It is yet another closed section 1504 of Dodd-Frank. It doesn’t tional security. It was carelessly im- rule. There is no opportunity to have just require all extractive companies in plemented, carelessly put together. It any real deliberation, no real discus- the U.S. It says that all extractive is shameful. It is unconscionable that sion. On top of that, there were no companies, U.S. and foreign, listed on we are confronted with the mess that hearings on any of this stuff. the U.S. exchanges are to publicly dis- we are confronted with now. No matter what your position is, I close the payments they make to gov- I know it is uncomfortable to talk have to be honest with you, listening ernments for oil, gas, and mining re- about issues that impact the new to the gentleman, Mr. MASSIE, just sources. President who is of your party, but this

VerDate Sep 11 2014 00:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.026 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H837 is absolutely the right thing to do. And Let us be clear what a submission vote on In response to the mass shootings at Vir- if you want to vote no on these things, this legislation is about: the Republican’s goal ginia Tech, prior to which the shooter’s mental vote no on them, but allow us to have is to weaken our firearms background check health prohibitor should have been, but was the debate and allow us to have the system. not, reported to NICS, Congress in 2007 vote. I urge ‘‘no’’ on the previous ques- The shootings at Virginia Tech in April 2007 unanimously approved legislation to adopt the tion and ‘‘no’’ on the rule. presented the deadliest shooting rampage in NICS Improvement Amendments Act. Mr. Speaker, I yield back the balance U.S. history. As senior member of the House Committees of my time. On April 16 2007, the violence began on Judiciary and Homeland Security and Mr. BUCK. Mr. Speaker, I yield my- around 7:15 a.m., ending in the deaths of 32 Ranking Member of the Judiciary Sub- self the balance of my time to close. students and teachers after being gunned committee on Crime, Terrorism, Homeland Se- I thank the gentleman from Texas down on the campus of Virginia Polytechnic curity and Investigations, I supported the 2016 and the gentleman from Kentucky for Institute and State University by Seung Hui Social Security Administration (SSA) rule, their remarks, and I appreciate the in- Cho, a student at the school, who later died which committed the SSA to submit records to sightful remarks from the gentleman from a self-inflicted gunshot wound. the gun background check system for social from Massachusetts. I am troubled Only four months prior, on December 13, security recipients prohibited from possessing right now. I am struggling to remem- 2005, Cho had been ordered by a judge to guns due to severe mental illness. ber—as the gentleman describes Russia seek outpatient care after making suicidal re- It is a critical process for enforcing the law with its terrible record on human marks to his roommates and was subse- that bars prohibited people from passing back- rights, I am trying to remember ex- quently evaluated at Carilion-St. Alban’s men- ground checks and purchasing firearms. actly who it was who had the reset but- tal health facility. The only way we are going to prevent guns ton with Vladimir Putin, and I don’t On February 9, 2007, Cho picked up a from getting into the hands of people who think it was the Trump administra- Walther P–22 pistol that he purchased online, should not have them, people who pose a tion. I could be wrong. just days before, on February 2 from an out- known and documented danger to themselves Mr. Speaker, America has come so of-state dealer at JND Pawn shop in and others, is through a system based on ro- far in advancing the rights of those Blacksburg, across the street from Virginia bust, accurate and complete information. with disabilities. We have also fought Tech. Prior to the new SSA rulemaking, the agen- long and hard to protect our constitu- In March of 2007, Cho purchased a 9mm cy had no process for submitting records of tional rights. The rule before us Glock pistol and 50 rounds of ammunition prohibited people to the National Instant Crimi- achieves both of those ends. The from Roanoke Firearms for 571 dollars. nal Background Check System (NICS). Obama administration’s last-ditch ef- The attack, resulting from these preventable NICS therefore, has been missing records fort to strip constitutional rights from actions, left 30 people dead and another 17 for those prohibited individuals. individuals with disabilities must not wounded. NICS is only as good as the records it con- stand. We also cannot stand for regula- In all, 27 students and five faculty members tains. tions that place American companies died as a result of the actions of a known With those records missing from the system, at a disadvantage and place their work- mentally unstable individual who was nonethe- these individuals are able to pass a back- ers at risk. less allowed to purchase a firearm. The rule before us will undo the cost- ground check and complete a purchase even On December 14, 2012, Lenny Pozner though they are legally prohibited from pur- ly and dangerous reporting require- dropped off his three children, Sophia, Arielle, ments placed on America’s energy chasing guns under longstanding federal law. and Noah, at Sandy Hook Elementary School The SSA regulation closes this gap by com- companies operating abroad. When we in Newtown, Connecticut. repeal this unwise regulation on Amer- mitting the agency to begin submitting prohib- Noah had recently turned 6, and on the iting records into the gun background check ican energy companies, they can again drive over they listened to his favorite song, fully contribute to the world’s energy system. for what turned out to be the last time. The rule does not impact any beneficiaries economy. Half an hour later, while Sophia and Arielle who are not already prohibited under law, and Mr. Speaker, I urge support for this hid nearby, Adam Lanza walked into Noah’s does not impact people based on disability rule and the underlying measures. first-grade class with an AR–15 rifle. Ms. JACKSON LEE. Mr. Speaker, I rise in Noah was the youngest of the 20 children findings that have been made prior to the rule strong opposition to the rule governing debate and seven adults killed in one of the deadliest taking effect. Americans have spoken and they are out- on H.J. Res. 40, and the underlying legisla- shootings in American history. tion, because in a nation that leads the civ- Depending on whom you ask, there were raged by the countless, needless gun related ilized world in deaths by gun violence, the last twenty-six, twenty-seven, or twenty-eight vic- deaths claiming the lives of their children. thing we should be doing is making it easier tims in Newtown. Under the regulation, only individuals with for persons suffering from a very severe, long- It is twenty-six if you count only those who the most severe mental impairments, who are term, mental disorder that makes them incapa- were murdered at Sandy Hook Elementary (1) unable to earn any income due to their ble of managing their financial benefits and School; twenty-seven if you include Nancy mental incapacity, and (2) have been found in- unable to do any kind of work in the U.S. Lanza—Adam’s own mother; twenty-eight capable of managing their own benefits meet economy, even part-time or at very low wages once Adam turned the gun on himself. the NICS reporting system cautionary criteria to obtain deadly firearms. There are twenty-six stars on the local fire- to report the names of certain individuals who The Republicans have brought to the floor house roof. are prohibited by law from purchasing or pos- this week a Congressional Review Act (CRA) On the anniversary of the shootings, the sessing firearms to the National Instant Crimi- of Disapproval to overturn Social Security Ad- governor of Connecticut asked churches to nal Background Check System (NICS). ministration (SSA) regulations to comply with ring their bells twenty-six times. SSA has evaluated legal, medical and lay existing federal law governing the submission Americans have spoken and they are out- evidence and determined that these individ- of records to the National Instant Criminal raged by the countless, needless gun related uals are not capable of managing their own Background Check System (NICS). deaths claiming the lives of their children. benefits. H.J. Res. 40, would vacate an important To ensure the continued safety of American SSA estimates that about 75,000 people per rule issued by the Social Security Administra- families, the Gun Control Act of 1968 prohibits year will meet these criteria for reporting to tion implementing the NICS Improvement certain categories of individuals from pos- NICS. Amendments Act of 2007. sessing firearms, including those who, using Disability examiners make the determination That law, which we adopted in the wake of outdated terminology, are ‘‘adjudicated as a based on medical and other evidence, but the tragic mass shooting at Virginia Tech, re- mental defective.’’ (This is referred to as the physicians or psychologists review the evi- quires federal agencies to report to the Na- ‘‘federal mental health prohibitor.’’) dence and sign off on the cases. tional Instant Criminal Background Check Sys- The 1993 Brady Handgun Violence Preven- An individual who has a diagnosis of schizo- tem (NICS) records of individuals who are tion Act requires federally licensed firearms phrenia, suffers from hallucinations and delu- statutorily prohibited from purchasing or pos- dealers to run background checks on prospec- sions, and most days cannot care for herself— sessing firearms. tive gun purchasers through NICS. feeding, dressing, communicating with those The statute was enacted with bipartisan NICS includes records from various data- around her. support, and we should stand together to de- bases on individuals who are prohibited by law Her symptoms and medical history meet the fend efforts to see that it is fully implemented. from purchasing and possessing firearms. criteria in the listing for schizophrenia.

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K01FE7.027 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H838 CONGRESSIONAL RECORD — HOUSE February 1, 2017 She receives disability benefits and has a clusion of consideration of the bill for tion on a resolution reported from the Com- representative payee. amendment the Committee shall rise and re- mittee on Rules, control shifts to the Mem- She would meet the criteria for reporting. port the bill to the House with such amend- ber leading the opposition to the previous An individual who has significant intellectual ments as may have been adopted. The pre- question, who may offer a proper amendment disability that prevents him from working at vious question shall be considered as ordered or motion and who controls the time for de- on the bill and amendments thereto to final bate thereon.’’ any level (i.e., he meets the listing for intellec- passage without intervening motion except Clearly, the vote on the previous question tual disability), and is unable to understand one motion to recommit with or without in- on a rule does have substantive policy impli- how to pay rent or use his benefits to buy structions. If the Committee of the Whole cations. It is one of the only available tools food. rises and reports that it has come to no reso- for those who oppose the Republican major- He qualifies for disability benefits and has a lution on the bill, then on the next legisla- ity’s agenda and allows those with alter- representative payee. tive day the House shall, immediately after native views the opportunity to offer an al- He would meet the criteria for reporting. the third daily order of business under clause ternative plan. Placing anyone into the NICS as a ‘‘prohib- 1 of rule XIV, resolve into the Committee of Mr. BUCK. Mr. Speaker, I yield back ited person’’ is not something we should take the Whole for further consideration of the the balance of my time, and I move the bill. lightly, but it is a task that must be done in SEC. 3. Clause 1(c) of rule XIX shall not previous question on the resolution. limited circumstances and as required by stat- apply to the consideration of H.R. 724. The SPEAKER pro tempore. The ute. question is on ordering the previous The circumstances addressed by this rule THE VOTE ON THE PREVIOUS QUESTION: WHAT question. require that we work together on this serious IT REALLY MEANS The question was taken; and the This vote, the vote on whether to order the and unfortunate issue. previous question on a special rule, is not Speaker pro tempore announced that The Congressional Review Act (CRA) reso- merely a procedural vote. A vote against or- the ayes appeared to have it. lution of Disapproval would, if passed by the dering the previous question is a vote Mr. MCGOVERN. Mr. Speaker, on House and Senate and signed by the Presi- against the Republican majority agenda and that I demand the yeas and nays. dent, deem the rule to have not been in effect a vote to allow the Democratic minority to The yeas and nays were ordered. at any time and would also prohibit SSA from offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- reissuing a rule that is substantially the same. what the House should be debating. ant to clause 9 of rule XX, the Chair The Republican’s use of the CRA process Mr. Clarence Cannon’s Precedents of the will reduce to 5 minutes the minimum House of Representatives (VI, 308–311), de- time for any electronic vote on the to overturn the rule is an extreme exercise in scribes the vote on the previous question on bad governance. the rule as ‘‘a motion to direct or control the question of adoption of the resolution. Rather than fixing or improving the rule, it consideration of the subject before the House The vote was taken by electronic de- would ban reporting by the SSA entirely. being made by the Member in charge.’’ To vice, and there were—yeas 231, nays There would be no opportunity to simply im- defeat the previous question is to give the 191, not voting 10, as follows: prove aspects of the rule, and we would pre- opposition a chance to decide the subject be- [Roll No. 70] vent full implementation of the law we enacted fore the House. Cannon cites the Speaker’s YEAS—231 after the Virginia Tech shooting. ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- Abraham DeSantis Johnson, Sam I cannot support that result and therefore Aderholt DesJarlais Jones mand for the previous question passes the oppose this resolution, and I urge my col- Allen Diaz-Balart Jordan control of the resolution to the opposition’’ Amash Donovan Joyce (OH) leagues to do the same. in order to offer an amendment. On March Subverting long-standing gun safety laws Amodei Duffy Katko 15, 1909, a member of the majority party of- Arrington Duncan (SC) Kelly (MS) under the guise of protecting Constitutional fered a rule resolution. The House defeated Babin Duncan (TN) Kelly (PA) rights, while simultaneously pushing for repeal the previous question and a member of the Bacon Dunn King (IA) of health reform laws that provided care to opposition rose to a parliamentary inquiry, Banks (IN) Emmer King (NY) these communities rings hollow. asking who was entitled to recognition. Barletta Farenthold Kinzinger Speaker Joseph G. Cannon (R–Illinois) said: Barr Faso Knight Now is not the time to weaken our back- Barton Ferguson Kustoff (TN) ground checks system by excluding those with ‘‘The previous question having been refused, Bergman Fitzpatrick Labrador the most severe and incapacitating forms of the gentleman from New York, Mr. Fitz- Biggs Fleischmann LaHood mental impairment. gerald, who had asked the gentleman to Bilirakis Flores LaMalfa yield to him for an amendment, is entitled to Bishop (MI) Fortenberry Lamborn The Social Security Administration should the first recognition.’’ Bishop (UT) Foxx Lance be commended for its efforts to keep children The Republican majority may say ‘‘the Black Franks (AZ) Latta and families safe by following the lead of other vote on the previous question is simply a Blum Frelinghuysen Lewis (MN) agencies and enforcing laws that have been vote on whether to proceed to an immediate Bost Gaetz LoBiondo vote on adopting the resolution . . . [and] Brady (TX) Gallagher Long on the books for decades. Brat Garrett Loudermilk I urge you to oppose this Republican scare has no substantive legislative or policy im- plications whatsoever.’’ But that is not what Bridenstine Gibbs Love tactic of a rule, and the underlying bill. Brooks (AL) Gohmert Lucas The material previously referred to they have always said. Listen to the Repub- Brooks (IN) Goodlatte Luetkemeyer lican Leadership Manual on the Legislative by Mr. MCGOVERN is as follows: Buchanan Gosar MacArthur Process in the United States House of Rep- Buck Gowdy Marchant AN AMENDMENT TO H. RES. 71 OFFERED BY resentatives, (6th edition, page 135). Here’s Bucshon Granger Marino MR. MCGOVERN how the Republicans describe the previous Budd Graves (GA) Marshall At the end of the resolution, add the fol- question vote in their own manual: ‘‘Al- Burgess Graves (LA) Massie lowing new sections: though it is generally not possible to amend Byrne Graves (MO) Mast SEC. 2. Immediately upon adoption of this the rule because the majority Member con- Calvert Griffith McCarthy Carter (GA) Grothman McCaul resolution the Speaker shall, pursuant to trolling the time will not yield for the pur- clause 2(b) of rule XVIII, declare the House Carter (TX) Guthrie McClintock pose of offering an amendment, the same re- Chabot Harper McHenry resolved into the Committee of the Whole sult may be achieved by voting down the pre- Chaffetz Harris McKinley House on the state of the Union for consider- vious question on the rule. . . . When the Cheney Hartzler McMorris ation of the bill (H.R. 724) to provide that the motion for the previous question is defeated, Coffman Hensarling Rodgers Executive Order entitled ‘‘Protecting the Na- control of the time passes to the Member Cole Herrera Beutler McSally tion from Foreign Terrorist Entry into the who led the opposition to ordering the pre- Collins (GA) Hice, Jody B. Meadows United States’’ (January 27, 2017), shall have vious question. That Member, because he Collins (NY) Higgins (LA) Meehan no force or effect, to prohibit the use of Fed- then controls the time, may offer an amend- Comer Hill Messer Comstock Holding Mitchell eral funds to enforce the Executive Order, ment to the rule, or yield for the purpose of and for other purposes. All points of order Conaway Hollingsworth Moolenaar amendment.’’ Cook Hudson Mooney (WV) against consideration of the bill are waived. In Deschler’s Procedure in the U.S. House Costello (PA) Huizenga Mullin General debate shall be confined to the bill of Representatives, the subchapter titled Cramer Hultgren Murphy (PA) and shall not exceed one hour equally di- ‘‘Amending Special Rules’’ states: ‘‘a refusal Crawford Hunter Newhouse vided and controlled by the chair and rank- to order the previous question on such a rule Culberson Hurd Noem ing minority member of the Committee on [a special rule reported from the Committee Curbelo (FL) Issa Nunes the Judiciary. After general debate the bill on Rules] opens the resolution to amend- Davidson Jenkins (KS) Olson shall be considered for amendment under the ment and further debate.’’ (Chapter 21, sec- Davis, Rodney Jenkins (WV) Palazzo five-minute rule. All points of order against tion 21.2) Section 21.3 continues: ‘‘Upon re- Denham Johnson (LA) Palmer provisions in the bill are waived. At the con- jection of the motion for the previous ques- Dent Johnson (OH) Paulsen

VerDate Sep 11 2014 06:15 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.011 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H839 Pearce Rouzer Trott b 1346 Smith (MO) Trott Westerman Perry Royce (CA) Turner Smith (NE) Turner Williams Pittenger Rutherford Upton Ms. BONAMICI and Mr. KENNEDY Smith (NJ) Upton Wilson (SC) Poe (TX) Sanford Valadao changed their vote from ‘‘yea’’ to Smucker Valadao Wittman Poliquin Scalise Wagner ‘‘nay.’’ Stefanik Wagner Womack Posey Schweikert Walberg Stewart Walberg Woodall Ratcliffe Scott, Austin Walden Mr. BLUM changed his vote from Stivers Walden Yoder Reed Sensenbrenner Walorski ‘‘nay’’ to ‘‘yea.’’ Tenney Walorski Yoho Thompson (PA) Walters, Mimi Reichert Sessions Walters, Mimi So the previous question was ordered. Young (AK) Thornberry Weber (TX) Renacci Shimkus Weber (TX) Young (IA) The result of the vote was announced Tiberi Webster (FL) Rice (SC) Shuster Webster (FL) Zeldin as above recorded. Tipton Wenstrup Roby Simpson Wenstrup Smith (MO) Roe (TN) Westerman The SPEAKER pro tempore. The NOES—191 Rogers (AL) Smith (NE) Williams question is on the resolution. Rogers (KY) Smith (NJ) Adams Gallego O’Halleran Wilson (SC) Rohrabacher Smucker The question was taken; and the Aguilar Garamendi O’Rourke Wittman Rokita Stefanik Speaker pro tempore announced that Barraga´ n Gonzalez (TX) Pallone Rooney, Francis Stewart Womack the ayes appeared to have it. Bass Gottheimer Panetta Rooney, Thomas Stivers Woodall Beatty Green, Al Pascrell J. Tenney Yoder RECORDED VOTE Bera Green, Gene Payne Ros-Lehtinen Thompson (PA) Yoho Mr. MCGOVERN. Mr. Speaker, I de- Beyer Grijalva Pelosi ´ Roskam Thornberry Young (AK) mand a recorded vote. Bishop (GA) Gutierrez Perlmutter Ross Tiberi Young (IA) Blumenauer Hanabusa Peters Rothfus Tipton Zeldin A recorded vote was ordered. Blunt Rochester Hastings Peterson Bonamici Heck The SPEAKER pro tempore. This is a Pingree Boyle, Brendan Higgins (NY) NAYS—191 Pocan 5-minute vote. F. Himes Polis Adams Gallego O’Halleran The vote was taken by electronic de- Brady (PA) Hoyer Price (NC) Aguilar Garamendi O’Rourke vice, and there were—ayes 231, noes 191, Brown (MD) Huffman Quigley Barraga´ n Gonzalez (TX) Pallone Brownley (CA) Jackson Lee not voting 10, as follows: Raskin Bass Gottheimer Panetta Bustos Jayapal Rice (NY) Beatty Green, Al Pascrell [Roll No. 71] Butterfield Jeffries Richmond Bera Green, Gene Payne AYES—231 Capuano Johnson (GA) Rosen Beyer Grijalva Pelosi Carbajal Johnson, E. B. Abraham Ferguson Luetkemeyer ´ Roybal-Allard Bishop (GA) Gutie´rrez Perlmutter Cardenas Kaptur Aderholt Fitzpatrick MacArthur Ruiz Blumenauer Hanabusa Peters Carson (IN) Keating Allen Fleischmann Marchant Ruppersberger Blunt Rochester Hastings Peterson Cartwright Kelly (IL) Bonamici Heck Amash Flores Marino Castor (FL) Kennedy Rush Pingree Boyle, Brendan Higgins (NY) Amodei Fortenberry Marshall Castro (TX) Khanna Ryan (OH) Pocan F. Himes Arrington Foxx Massie Chu, Judy Kihuen Sa´ nchez Polis Brady (PA) Hoyer Babin Franks (AZ) Mast Cicilline Kilmer Sarbanes Price (NC) Brown (MD) Huffman Bacon Frelinghuysen McCarthy Clarke (NY) Kind Schakowsky Brownley (CA) Jackson Lee Quigley Banks (IN) Gaetz McCaul Clay Krishnamoorthi Schiff Bustos Jayapal Raskin Barletta Gallagher McClintock Cleaver Kuster (NH) Schneider Butterfield Jeffries Rice (NY) Barr Garrett McHenry Clyburn Langevin Schrader Capuano Johnson (GA) Richmond Barton Gibbs McKinley Cohen Larsen (WA) Scott (VA) Bergman Gohmert McMorris Carbajal Johnson, E. B. Rosen Connolly Larson (CT) Scott, David Biggs Goodlatte Rodgers Ca´ rdenas Kaptur Roybal-Allard Conyers Lawrence Serrano Bilirakis Gosar McSally Carson (IN) Keating Ruiz Cooper Lawson (FL) Sewell (AL) Bishop (MI) Gowdy Meadows Cartwright Kelly (IL) Ruppersberger Correa Lee Shea-Porter Bishop (UT) Granger Meehan Castor (FL) Kennedy Rush Costa Levin Sherman Black Graves (GA) Messer Castro (TX) Khanna Ryan (OH) Courtney Lewis (GA) Sinema ´ Blackburn Graves (LA) Mitchell Chu, Judy Kihuen Sanchez Crist Lieu, Ted Sires Cicilline Kilmer Sarbanes Blum Graves (MO) Moolenaar Crowley Lipinski Bost Griffith Mooney (WV) Slaughter Clarke (NY) Kind Schakowsky Cuellar Loebsack Smith (WA) Clay Krishnamoorthi Schiff Brady (TX) Grothman Mullin Cummings Lofgren Brat Guthrie Murphy (PA) Soto Cleaver Kuster (NH) Schneider Davis (CA) Lowenthal Speier Clyburn Langevin Schrader Bridenstine Harper Newhouse Davis, Danny Lowey Brooks (AL) Harris Suozzi Cohen Larsen (WA) Scott (VA) Noem DeFazio Lujan Grisham, Brooks (IN) Hensarling Nunes Swalwell (CA) Connolly Larson (CT) Scott, David DeGette M. Buchanan Herrera Beutler Olson Takano Conyers Lawrence Serrano Delaney Luja´ n, Ben Ray Buck Hice, Jody B. Palazzo Thompson (CA) Cooper Lawson (FL) Sewell (AL) DeLauro Lynch Bucshon Higgins (LA) Palmer Thompson (MS) Correa Lee Shea-Porter DelBene Maloney, Budd Hill Paulsen Titus Costa Levin Sherman Demings Carolyn B. Burgess Holding Pearce Tonko Courtney Lewis (GA) Sinema DeSaulnier Maloney, Sean Crist Lieu, Ted Byrne Hollingsworth Perry Deutch Matsui Torres Sires Calvert Hudson Pittenger Tsongas Crowley Lipinski Slaughter Dingell McCollum Cuellar Loebsack Carter (GA) Huizenga Poe (TX) Doggett McEachin Vargas Smith (WA) Carter (TX) Hultgren Poliquin Veasey Cummings Lofgren Soto Doyle, Michael McGovern Chabot Hunter Posey F. McNerney Vela Davis (CA) Lowenthal Speier Davis, Danny Lowey Chaffetz Hurd Ratcliffe Ellison Meeks Vela´ zquez Suozzi DeFazio Lujan Grisham, Cheney Issa Reed Engel Meng Visclosky Swalwell (CA) DeGette M. Coffman Jenkins (KS) Reichert Eshoo Moore Walz Takano Delaney Luja´ n, Ben Ray Cole Jenkins (WV) Renacci Espaillat Moulton Wasserman Thompson (CA) DeLauro Lynch Collins (GA) Johnson (LA) Rice (SC) Esty Murphy (FL) Schultz Thompson (MS) DelBene Maloney, Collins (NY) Johnson (OH) Roby Evans Nadler Waters, Maxine Demings Carolyn B. Titus Comer Johnson, Sam Roe (TN) Foster Napolitano Watson Coleman DeSaulnier Maloney, Sean Tonko Comstock Jones Rogers (AL) Frankel (FL) Neal Welch Deutch Matsui Torres Conaway Jordan Rogers (KY) Fudge Nolan Wilson (FL) Dingell McCollum Tsongas Cook Joyce (OH) Rohrabacher Gabbard Norcross Yarmuth Doggett McEachin Vargas Costello (PA) Katko Rokita Doyle, Michael McGovern Veasey Cramer Kelly (MS) Rooney, Francis NOT VOTING—10 F. McNerney Vela Crawford Kelly (PA) Rooney, Thomas Clark (MA) Price, Tom (GA) Walker Ellison Meeks Vela´ zquez Culberson King (IA) J. Hartzler Russell Zinke Engel Meng Visclosky Curbelo (FL) King (NY) Ros-Lehtinen Kildee Smith (TX) Eshoo Moore Walz Davidson Kinzinger Roskam Mulvaney Taylor Espaillat Moulton Wasserman Davis, Rodney Knight Ross Esty Murphy (FL) Schultz Denham Kustoff (TN) Rothfus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Evans Nadler Waters, Maxine Dent Labrador Rouzer The SPEAKER pro tempore (during Foster Napolitano Watson Coleman DeSantis LaHood Royce (CA) the vote). There are 2 minutes remain- DesJarlais LaMalfa Rutherford Frankel (FL) Neal Welch ing. Fudge Nolan Wilson (FL) Diaz-Balart Lamborn Sanford Gabbard Norcross Yarmuth Donovan Lance Scalise Duffy Latta Schweikert b 1352 NOT VOTING—10 Duncan (SC) Lewis (MN) Scott, Austin So the resolution was agreed to. Duncan (TN) LoBiondo Sensenbrenner The result of the vote was announced Blackburn Price, Tom (GA) Walker Dunn Long Sessions as above recorded. Clark (MA) Russell Zinke Emmer Loudermilk Shimkus Kildee Smith (TX) Farenthold Love Shuster A motion to reconsider was laid on Mulvaney Taylor Faso Lucas Simpson the table.

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.004 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H840 CONGRESSIONAL RECORD — HOUSE February 1, 2017 DISAPPROVING A RULE SUB- stream protection rule, does all three This is poor procedure that has pro- MITTED BY THE DEPARTMENT of those criteria. duced a poor rule, which will result in OF THE INTERIOR What I want to do is talk about this poor policy. At best, this rule is redun- Mr. BISHOP of Utah. Mr. Speaker, rule that was passed at the last minute dant. It is clearly unnecessary, and it pursuant to House Resolution 70, I call by the former administration—it actu- does have the potential of hurting peo- up the joint resolution (H.J. Res. 38) ally went into effect on the very last ple nefariously when it does not need disapproving the rule submitted by the day of the administration—and say to. Department of the Interior known as that it violates all of those three ele- Mr. Speaker, I reserve the balance of the Stream Protection Rule, and ask ments. The act itself—the rule itself— my time. for its immediate consideration. was done in secret. They had their own Mr. GRIJALVA. Mr. Speaker, I yield The Clerk read the title of the joint opaque study that they did without let- myself such time as I may consume. resolution. ting anyone know what the data was. I rise in strong opposition to this res- The SPEAKER pro tempore. Pursu- We asked for it repeatedly, but the olution, which would put coal company ant to House Resolution 70, the joint agency refused to tell us. Even in 2015, profits ahead of clean water and public resolution is considered read. Congress passed a law in the Appro- health. The stream protection rule has The text of the joint resolution is as priations Act that mandated they tell been in development for 7 years and follows: us the data, the information. They sim- puts in place modest, commonsense protections for people who live near H.J. RES. 38 ply ignored that law. They have re- fused to work with Congress in any coal mines. Resolved by the Senate and House of Rep- This isn’t just a rule to protect resentatives of the United States of America in particular way. streams. This is a rule to protect peo- Congress assembled, That Congress dis- b 1400 approves the rule submitted by the Office of ple’s health, to protect people’s homes, Surface Mining Reclamation and Enforce- Actually, it violates law. If this rule and to protect the clean water that ment of the Department of the Interior re- goes forward, it violates the NEPA law. they rely on. These folks felt strongly lating to the ‘‘Stream Protection Rule’’ If gone into implementation, it would enough about this rule to submit pub- (published at 81 Fed. Reg. 93066 (December 20, violate the Endangered Species Act. lic comments. 2016)), and such rule shall have no force or ef- It violates a memo of understanding The rule is designed to protect people fect. the Federal Government had with 10 like Donetta from West Virginia, who The SPEAKER pro tempore. The gen- States at the time. In fact, there are 14 nearly lost her life when chemicals tleman from Utah (Mr. BISHOP) and the States suing over this rule and regula- from coal fields found their way into gentleman from Arizona (Mr. GRI- tion. We have the letters of support her water supply and interacted with JALVA) each will control 30 minutes. from 14 State attorneys general in sup- her medication in such a way that it The Chair recognizes the gentleman port of what we are attempting to do nearly destroyed her liver. from Utah. here. The rule is designed to protect people GENERAL LEAVE If put into effect, it clearly violates like John from Alabama, who reports Mr. BISHOP of Utah. Mr. Speaker, I the Clean Water Act by its effort to re- lakes that have turned gray and ask unanimous consent that all Mem- define hydraulic balance, which this streams that have turned orange. bers have 5 legislative days to revise agency does not have the authority to This rule is designed to protect peo- and extend their remarks on H.J. Res. do. It is given to other elements. ple like David from Tennessee, who 38. It also puts us at risk of litigation on watched a creek near his grand- The SPEAKER pro tempore. Is there a takings issue. There is precedent for mother’s home become lifeless due to objection to the request of the gen- that. It could happen again, all because strip mining nearby. tleman from Utah? of this ill-defined and unnecessary rule This rule is designed to protect peo- There was no objection. and regulation. ple like Josh from North Carolina, who Mr. BISHOP of Utah. Mr. Speaker, I If we roll it back, there is still pro- can no longer fish in the streams near yield myself 4 minutes. tection. There will always still be pro- a family home and wants coal compa- We are starting an historic week in tection. In a Department of the Inte- nies to be held accountable for the the House, something that was rep- rior study, they clearly said that 93 damage that they did. licated almost two decades ago, but we percent of all the impact has already This rule is designed to protect peo- are doing it again and are using the been taken care of and does not actu- ple like Jonita from Kentucky, a coal Congressional Review Act to look at ally exist. It would be easy for us to do miner’s daughter whose water supply is actual rules and regulations. What we and it would put us back to a rule es- tainted with heavy metal and other are doing is the right thing. tablished in 1983 that is effective in toxins from coal sludge. She wrote: In 1996, when this act was first protecting these areas. Ninety three ‘‘Coal put the food on my table. It also passed, President Clinton, after signing percent of all streams have no impact put the poison in my water. Reasonable it, said that this act would give con- by this issue whatsoever. trade-off?’’ gressional accountability for regula- It also clearly says, under the report I don’t believe that Jonita or anyone tions. Even Harry Reid said that this when this rule was being done, that the else should have to make that trade- act would be reclaiming for Congress States that are legally supposed to be off. No one’s water supply should be some of its policymaking authority, coordinated and be a part of the proc- sacrificed in the name of higher bo- and SANDER LEVIN of Michigan, at the ess were shut out of the process. It is nuses for coal company CEOs. Those time, also said that now we are in a po- one of the reasons why they are still coal executives have made it their sition to do something ourselves. If a suing, which means the memo of under- overriding goal to kill this regulation; rule goes too far afield from the intent standing signed by those States was ig- and after spending nearly $50 million of Congress in its passing the statute nored by the agency in coming up with on political campaign contributions in the first place, we can stop it. That this rule. The States that regulate 97 over the past 6 years, they now have a is exactly what we are attempting to percent of the Nation’s coal produc- Congress and a President to do it. do, and this is one of the first of those tion, States and tribes that abate well So for the first time in 16 years and activities we will be doing this week. over 90 percent of the abandoned mine just the second time ever, Republicans The Congressional Review Act actu- problems—they have it in line, they are going back to Newt Gingrich’s ally has three purposes in mind. They have it ready, they are ready to move playbook and trying to successfully use said, if a rule has excessive costs, if a forward with it—they were simply shut the Congressional Review Act simply rule goes beyond the particular agen- out of the process. It is a poor process. because the coal industry feels like it cy’s statutory authority, and if a rule There was a former icon of this body, shouldn’t be held accountable. is duplicative or unnecessary, it should a great Member who once allegedly But as we know, this is only the first be reviewed by Congress and rescinded. said: If I let you make the policy and of five regulations that we will be re- That is exactly what we are going to do you let me make the procedure, I will pealing just this week. Later today, because this rule, commonly called the screw you over every time. they are going to get rid of the rule

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.033 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H841 that requires increased transparency The issuance of this rule, after all crat and Republican—have been fight- on the part of oil, gas, and the mining these facts are considered, proves what ing this rule for years. industry. Later this week, we will be I said earlier. This rule is about one Stopping this rule matters to West fighting for the right of oil and gas thing: regulating the coal industry and Virginians, to our miners, to our fami- companies to pollute the air with putting thousands of hardworking lies, to our consumers. We produce 95 methane. Americans that depend on the coal in- percent of our electricity from coal. It This is the Republican agenda in the dustry for their livelihoods in the un- is reliable and it is affordable. Coal em- age of Trump; an attack on clean employment line. ploys 20,000 West Virginians, and tens water, an attack on clean air, an at- No one cares more about our streams of thousands more make their living tack on transparency, and an attack on that run through coal country than related to coal. human health. If you are a CEO or a those who live there, and no public offi- The loss of a coal job and the closing wealthy Republican donor, this is great cials know better how to create a bal- of a coal mine affects us all. Its sever- news; and you will love the next couple ance between protecting both jobs and ance tax revenues help to fund our of years. But if you are an ordinary the environment than those serving in schools, pay for our police and fire de- American that depends on their gov- local and State governments that rep- partments, and put money in the cof- ernment to hold companies account- resent coal-producing communities. It fers of our local governments. able through tough but fair enforce- is certainly not the beltway bureau- This rule would cost cities and coun- ment of regulations, you should be ex- crats in Washington. ties $6.4 billion in tax revenue over a tremely worried. I look forward to what I hope to be year, with the decline in coal mining. Mr. Speaker, I reserve the balance of and should be a bipartisan vote sup- That means even more cuts. my time. porting today’s important resolution. When we lose coal jobs, we lose other Mr. BISHOP of Utah. Mr. Speaker, I Mr. GRIJALVA. Mr. Speaker, I yield jobs as well. When coal families lose a yield to 3 minutes to the gentleman 2 minutes to the gentleman from Cali- paycheck, they aren’t able to buy from Ohio (Mr. JOHNSON) to explain fornia (Mr. LOWENTHAL), the ranking goods and services like they used to. this joint resolution. member of the Committee on Natural That hurts small businesses, our shops, Mr. JOHNSON of Ohio. Mr. Speaker, Resources’ Subcommittee on Energy and our restaurants. make no mistake about it, the stream and Minerals Resources. It is estimated that this rule would protection rule is not about protecting Mr. LOWENTHAL. Mr. Speaker, I kill 281,000 coal jobs and related jobs in streams. It was designed for one pur- rise today to oppose H.J. Res. 38. other fields. My State can’t afford to pose—to regulate the coal mining in- The science is clear: mountaintop re- lose any more jobs, and I know that dustry out of business. It is the center- moval mining is harmful to the health goes for other coal States. piece of the Obama administration’s of people who live near these mines. However, despite these facts and the war on coal. Anyone with a computer can go to objections of more than a dozen States, The simple truth is revealed when Google Earth and see the tremendous the Office of Surface Mining adopted a you begin to follow the Office of Sur- scars on the landscape from mining go-it-alone approach. They ignored face Mining’s 7-year approach to writ- companies that blast the tops off input that contradicts their agenda. ing this job-killing rule, a process mountains and then dump the waste They withheld information on the rule which began only after the previous ad- into the valleys below. But largely in- and restricted States from reviewing ministration discarded the rule’s prede- it. Well, that ends today. cessor, a 2008 regulation that under- visible to the naked eye is the suffering of people who live in the nearby com- I thank Chairman BISHOP, I thank went 5 years of extensive environ- the House Natural Resources Com- mental review and public comment. munities because of these harmful practices. mittee, and I thank the leadership of That was just the beginning. Since the House for their support on this res- then, millions of taxpayer dollars have The stream protection rule will pro- tect hundreds of vulnerable families olution. Thank you, Senator CAPITO been needlessly spent developing this and Leader MCCONNELL, for your lead- rule. Contractors were hired to help re- and children who live near these sites from lung cancer, heart disease, kidney ership in the Senate. We also have the write the rule, but then subsequently support of the White House on this res- fired when it was leaked that the ini- disease, birth defects, hypertension, and other health problems. olution. tial revisions of the rule would cost With a simple majority vote in the thousands of jobs, and that was within If the majority has a problem with this final rule, as they say they do, House and the Senate, we will end this the first few months of this attempted rule and stop this job-killing, anticoal rewrite. they should hold a hearing in the Nat- ural Resources Committee to discuss agenda. Unfortunately, estimated job losses I urge support on this joint resolu- its merits. There we would have an op- have only skyrocketed since the final tion. rule was released. What is troubling is portunity to talk to the administration Mr. GRIJALVA. Mr. Speaker, it that, throughout the rule’s rewrite, the and hear from those who are most af- should be noted for the record that the administration refused to visit mines fected by mountaintop removal min- Republican majority conducted a 4- or to actually assess the impact of the ing. year investigation into the develop- Instead, they have decided to bypass rule on operating mines. ment of this rule, holding 12 hearings, regular order, go straight to the Con- There were attempts to cover up data issuing two subpoenas, collecting 25 gressional Review Act, which will take that concealed the rule’s true economic hours of audio recordings and 13,500 a chainsaw to this commonsense pollu- impact. The Office of Surface Mining pages of documents, but were unable to tion rule. This is a reckless approach. also repeatedly refused to provide Con- uncover any political interference or I urge my colleagues to take time to gress with important documents it misconduct in the development of this listen to the voices of the American used to develop the rule, while keeping rule. State regulating agencies charged with people. Please put the health and safe- I yield 11⁄2 minutes to the gentle- ty of American families first and vote implementing this onerous rule in the woman from Michigan (Mrs. LAW- ‘‘no’’ on this reckless resolution. dark and at arm’s length throughout RENCE). the entire rewrite. Mr. BISHOP of Utah. Mr. Speaker, I Now, after 7 years of this politically yield 3 minutes to the gentleman from b 1415 motivated rewrite, the previous admin- West Virginia (Mr. JENKINS), someone Mrs. LAWRENCE. Mr. Speaker, I rise istration issued the final rule as they who has forgotten more about coal today in strong opposition to H.J. Res. were leaving town, well after the than I will ever know. 38. This rule is a much-needed update American people—particularly those Mr. JENKINS of West Virginia. Mr. to existing mining regulations. It en- men and women in coal country—had Speaker, I rise in support of this reso- sures that communities that reside by sent a clear message to Washington. lution. Like so many folks, I have been mining operations monitor water pol- Politically motivated attacks on the fighting this misguided rule for years. lution levels. livelihoods of those who keep the lights Miners have been fighting this rule for I am standing here today to continue on will not stand. years. And States—bipartisan, Demo- to speak up and fight for clean water in

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.035 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H842 CONGRESSIONAL RECORD — HOUSE February 1, 2017 America. I promised that I would stand It is time to give the families of the Mr. BISHOP of Utah. Mr. Speaker, I up and make sure that never again in coal fields all across America a chance yield 2 minutes to the gentleman from America another community would be to get relief from the unelected bureau- Colorado (Mr. LAMBORN), who chaired poisoned by the water. I say to you, crats in Washington. most of our 13 hearings on this issue, Mr. Speaker, that miners deserve clean I thank the chairman for his work in and who represents a State that is water as well. getting this. I thank him for the co- suing because they were ignored in this This resolution monitors drinking sponsorship that we have had with Con- rule, where they should have had their water sources for pollution, such as gressmen JOHNSON and JENKINS to help rights under the Clean Water Act, lead and other toxic substances, and us out on this, to get this before us. We which is part of the problem we have provides that information to the pub- have to do this for the people of West here. lic. Have we learned something from Virginia and around the country. Mr. LAMBORN. Mr. Speaker, on De- Flint, Mr. Speaker? Mr. GRIJALVA. Mr. Speaker, if there cember 20, 2016, the stream rule was fi- This rule will also help protect land is a war on coal, it is being led by the nalized in the last days of the Obama and forests by ensuring that companies natural gas industry who produces a administration by the Office of Surface restore the land and water sources that cheaper product at a lower cost. And if Mining Reclamation and Enforcement, were impacted by a precious occupa- there is any trouble that coal is in, it OSM. Ostensibly, the rule is about tion in our country, and that is mining is directly attributed to the free mar- keeping American waterways clean. In operations. ket and that competition. reality, it is a power grab aimed at giv- Let’s defeat this resolution that pro- Mr. Speaker, I yield 3 minutes to the ing Federal regulators more authority hibits commonsense rulemaking, pro- gentleman from California (Mr. to make coal too expensive for anyone tects the environment, and protects HUFFMAN), the ranking member of the to mine or use. the rights of Americans to have access Subcommittee on Water, Power and But no one should be surprised. In to clean, safe drinking water, while Oceans. 2008, then candidate Barack Obama also creating jobs. Mr. HUFFMAN. Mr. Speaker, I rise told the San Francisco Chronicle that Mr. BISHOP of Utah. Mr. Speaker, I in opposition to this attempt to politi- while people would still be free to build don’t want to quibble over details, but cally override the Interior Depart- a coal-powered electricity plant under we actually held 13 hearings and passed ment’s stream protection rule. his energy policies, it would bankrupt four bills over the last three Con- Much like the destructive mountain- them because of the high costs his reg- gresses about this particular rule and top removal practice that this rule is ulations would impose. And that is ex- found countless problems with it. That designed to prevent, this Republican actly what President Obama has tried is why we are here today. assault on the environment and the I yield 3 minutes to the gentleman to do. health of coal mining communities is a Under the stream protection rule, from West Virginia (Mr. MCKINLEY), crude and dirty process. who knows the real impact on his con- Federal regulators will have expanded Using the Congressional Review Act, stituents that this rule will have. power to draw up new standards that a single hour in Congress is going to be Mr. MCKINLEY. Mr. Speaker, as make it harder to get a coal mining chairman of the Congressional Coal enough to remove a rule that reflects 7 permit. OSM’s Federal water standards Caucus, I rise today in strong support years of national public debate, includ- would suddenly take precedence over for this action. ing at least 30 stakeholder meetings, the State standards that have long After 8 long, tortuous years, our coal over 100,000 public comments. This governed the industry under the Clean communities have endured a withering blows up the regular legislative and Water Act. The Fish and Wildlife Serv- attack from Washington bureaucrats regulatory process, ignores science, ice would also gain the power to veto focused on this agenda of anticoal. marginalizes public health, and puts coal permits. What has been the result? communities at risk. The aim is to take permitting power Across this country, in the coal fields Let me be clear: when the coal dust from States and impose a one-size-fits- of this country, 400 mines have closed settles on this devastating resolution, all standard. When this process started, down, 83,000 coal miners have lost their it certainly won’t be Members of Con- 10 States signed on to Interior’s rule- jobs, 246 power plants have closed gress who are left drinking polluted making process as State cooperating down, and our electric utility bills drinking water or battling lung cancer, agencies. But 8 of the 10 later withdrew have gone up 45 percent. heart disease, and birth defects. because Interior wasn’t interested in Then, right before President Obama Much like the coal executives who what they had to say. left town, his administration punc- profit from exhausting and polluting The subcommittee I chaired held 13 tuated its war on coal with this dam- the natural resources of these commu- hearings to expose the flaws behind aging further rule. This rule is nothing nities, the GOP will move on to the this rule. The rule provides no more than an organic manifestation of next target and look for the next way discernable environmental benefits, a Washington bureaucracy drunk with to let business off the hook, to let while duplicating extensive existing power. If it is left unaddressed, this them externalize their costs to the en- environmental protections at both the rule would shut down an additional vironment, to local communities, and, Federal and State levels. number of coal mines, and 78,000 men ultimately, to the U.S. taxpayers who In fact, the rule’s only purpose ap- and women would lose their jobs be- have to clean up the mess. pears to be to support the environ- cause of this rule. But communities in the Appalachian mental lobby’s ‘‘keep it in the ground’’ For the last 2 years, our Coal Caucus, Mountains, vital salmon streams in platform, locking away up to 64 per- bipartisan members, have made stop- Alaska, and much-needed water sup- cent of our domestic coal reserves, put- ping this rule our number one priority, plies across this country will be left ting tens of thousands of Americans because it has nothing to do with the dealing with the aftermath, while our out of work, and raising energy costs health of America, the safety of Amer- Republican colleagues boast about hav- for millions of Americans. ica, and the life of Americans. ing provided so-called regulatory relief. I urge my colleagues to join me in Simply put, it was President Obama’s For all the talk about coal jobs from supporting the joint resolution of dis- attempt to drive a final nail into the Republicans and our new President, approval under the Congressional Re- coffin of an industry that made Amer- you would think they would care just a view Act. ica great. little about protecting the health of Mr. GRIJALVA. Mr. Speaker, I yield Look, enough is enough. This war on these coal miners and their families 3 minutes to the gentleman from Mary- coal has to come to a stop, and I think and their communities. And yet, when land (Mr. BROWN), a member of the this election set the tone for that. given a chance to protect the water Natural Resources Committee. Now that we finally have a President quality of 6,000 miles of streams in coal Mr. BROWN of Maryland. Mr. Speak- who understands the painful impact of country, this House is choosing to side er, I rise in opposition to H.J. Res. 38. excessive and unnecessary regulations, with the polluting industry instead. Today, I speak against eliminating the we should pass this CRA as quickly as That is shameful, and we should op- Department of the Interior’s stream possible so he can sign it. pose this wrong-headed resolution. protection rule. The proposed rule is

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.038 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H843 about balancing the need to support Mr. GOSAR. Mr. Speaker, there is no The rule also requires that streams our American coal industry with our question that President Obama put his and lands disturbed by surface coal responsibility to safeguard and protect own environmental legacy ahead of the mining be restored. This would result our environment. well-being of the American people. The in the protection or restoration of ap- What is most concerning and simply Obama administration squandered tax- proximately 6,000 miles of streams and outrageous is that this bill proposes to payer money for 8 years attempting to 52,000 acres of forest over the next two not only overturn the stream protec- force the stream protection rule down decades. tion rule, but it would prohibit the In- our throats. This is really important because we terior Department from ever issuing a The deception and lack of trans- know the contamination of streams by similar rule in the future, even as tech- parency utilized to implement this rule coal mining pollution threatens every- nology advances and best practices to were unprecedented. Along with manip- thing from fishing and outdoor recre- safeguard the environment improve. ulating job loss numbers, the adminis- ation to small businesses like res- The rule, which was drafted over 7 tration even changed the rule’s name, taurants and farms that are relying on years, after 30 public meetings and over thinking the American people might clean, safe water. This rule is an appro- 100,000 public comments, is the first forget about it. But the fact is, you priate balancing act between our en- major update to surface mining regula- can’t put lipstick on this pig. Whether ergy needs and our environmental pro- tions in more than 30 years, but is you call it the stream buffer zone rule tections, and it is also appropriately being rolled back without even a single or the stream protection rule, the rule flexible to coal mining companies. hearing in this Congress, which doesn’t still stinks. Most importantly, the Congressional follow regular order. The American people who want good- Review Act doesn’t make sense here. If Mr. Speaker, Maryland has a rich paying careers have missed out on hun- you want to trim a tree, you don’t chop history of coal mining, a history that dreds of thousands of jobs around the it down and bury it under cement so it predates our Nation’s founding. Yet, country as a result of President will never grow again. The Congres- for a decade, we have witnessed a slow Obama’s ideologically-driven war on sional Review Act is an extreme meas- decline in coal production and a shift coal. But today is a new dawn in Amer- ure that would permanently damage toward cheaper and cleaner sources of ica, and this job-killing, midnight reg- our surface mining laws. We have heard energy. Nevertheless, the industry in ulation is now directly in the cross- that it was a product of more than 7 Maryland continues to employ hun- hairs of the Trump administration and years of work and the chairman talks dreds of people, produce nearly 2 mil- of this Congress. about the 13 hearings, but not one has lion tons annually, and coal is the lead- On behalf of all hardworking Ameri- been held in the 18 months since the ing export commodity leaving the port cans, I urge my colleagues to vote to rule was proclaimed. of Baltimore. I support the coal indus- support this commonsense legislation. The Congressional Review Act de- try in Maryland. Mr. GRIJALVA. Mr. Speaker, I yield scribes the vast amount of work that But in Maryland, where the streams 2 minutes to the gentleman from Vir- the Office of Surface Mining did in from our mountain panhandle, coal ginia (Mr. BEYER), a member of the order to create this rule. The SPEAKER pro tempore (Mr. country, flow into the Potomac and Natural Resources Committee. WOODALL). The time of the gentleman eventually the Chesapeake Bay, we Mr. BEYER. Mr. Speaker, with re- has expired. have taken proactive steps to mitigate spect, I quote Mr. MCKINLEY: ‘‘We have to do this for the people of West Vir- Mr. GRIJALVA. I yield the gen- the environmental impact associated tleman an additional 1 minute. with mining, requiring companies to ginia and around the country.’’ And I agree, and this is why we need the Mr. BEYER. Mr. Speaker, what is develop and follow reclamation plans, most dangerous is, because of the lack divert streams, treat acidic drainage stream protection rule. It is a commonsense approach to of clarity regarding the Congressional with chemicals, and control erosion minimizing the impacts to surface Review Act’s prohibition on similar and runoff. water and groundwater from coal min- rulemakings, the agency may never However, our efforts and require- ing. take future efforts to update and im- ments haven’t kept up with modern In Appalachia alone, mountaintop re- prove surface mining regulations. Even technology and innovative best prac- moval has been responsible for the de- if you don’t like this surface protection tices. And the proposed rule enables us struction of 2,000 miles of streams. rule, disallowing any future protec- to employ better technology to better Peer reviewed studies have linked tions for the water and health of com- achieve our environmental goals. mountaintop removal mining to can- munities living near coal mining oper- The Department of the Interior esti- cer, birth defects, and serious health ations makes no sense at all. mates that compliance costs will problems for residents living near these I urge my colleagues to vote against amount to a de minimis percentage of mining sites. this bill. coal industry revenues, there will be a Just look at my Virginia map. The Mr. BISHOP of Utah. Mr. Speaker, I minimal impact on mining jobs, and it highest death rates in the State and now have the pleasure of recognizing will create good-paying, green jobs. We the most chronic diseases are in the people who are not on our committee will protect 6,000 miles of streams, coal fields. but still know how silly this rule actu- 52,000 acres of forest, and reduce 2.6 ally is. million more tons of carbon dioxide b 1430 I yield 1 minute to the gentleman emissions. I saw this firsthand while I was Lieu- from Illinois (Mr. BOST.) Mr. Speaker, representing families in tenant Governor of Virginia for 8 Mr. BOST. Mr. Speaker, the Obama the Chesapeake Bay watershed, I un- years, when mountaintop removal min- administration anticoal regulation was derstand firsthand that once the ecolo- ing became the most prevalent coal a solution in search of a problem. It gies of streams, rivers, and bays are de- mining technique in central Appa- wasn’t intended to protect the environ- graded, they cannot be easily re- lachia. ment. It was intended to put coal min- claimed. That is why this is so important. ers out of work. And, sadly, it has been Now is not the time to turn back or Communities near coal mining sites successful in achieving that goal. turn our back on technology that is have a right to know what is in their A study of the rule estimates it available and that is offered up in this water because it impacts their liveli- would destroy more than one-third of rule. hood and their lifespan. our coal jobs, and that nearly half of Mr. BISHOP of Utah. Mr. Speaker, I This rule includes commonsense all coal resources would effectively be yield 1 minute to the gentleman from monitoring of streams—many of which off limits to mining. In addition, the Arizona (Mr. GOSAR), part of our com- are important drinking water sources— OSM rule has ignored clear congres- mittee who has heard the 13 hearings, for pollutants such as lead, selenium, sional directives to share information understands this issue, and was part of and manganese. Basic monitoring for with the States. the House when we voted four different these toxins is essential, given their If ever there has been a time for Con- times to be opposed to this particular potential impacts on human health and gress to act, this is it. I urge my col- rule. the environment. leagues to support this resolution.

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.039 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H844 CONGRESSIONAL RECORD — HOUSE February 1, 2017 Mr. GRIJALVA. Mr. Speaker, I yield The regulation we vote on today is one of the only safety measures that such time as he may consume to the one of the last rules that the Obama would protect these families from poi- gentleman from Virginia (Mr. administration pushed out. This regu- sonous drinking water, higher rates of MCEACHIN), the ranking member of the lation has a single purpose: the demise cancer, lung disease, respiratory ill- Natural Resources Committee, Sub- of the coal industry and the thousands ness, cardiovascular disease, birth de- committee on Oversight and Investiga- of middle class jobs that depend on it. fects, and the countless negative tions. This regulation is the culmination of health effects that plague this region. Mr. MCEACHIN. Mr. Speaker, I rise former President Obama’s ideological If my colleagues on the other side of today in opposition to this resolution war on American energy that provides the aisle want to block the safeguards to overrule the stream protection rule, minimal benefit but tremendous cost. of the stream protection rule, they just as I would oppose any measure I care about the miners and the should at least consider supporting my that threatened the quality of our workers I met with whose middle class legislation, the Appalachian Commu- drinking water. jobs are at risk. I care about utility nities Health Emergency Act, or ACHE Clean drinking water is a funda- customers whose electric bills will go Act. I introduced this bill earlier today mental health need, and meeting that up because this regulation will take with Representative SLAUGHTER to sus- need is one of our most basic respon- valuable American energy offline. I pend new mountaintop removal per- sibilities in this Congress. We must not care about the communities that are mits until the Department of Health put special interests ahead of the hurt when these coal mines close. and Human Services can conduct a health of our constituents. This country continues to make tre- comprehensive Federal study of the The stream protection rule is very mendous progress on cleaning up the health effects of this reckless mining simple: environment, progress that will con- method used in my State of Kentucky It strengthens and clarifies existing tinue without this job-killing regula- and throughout coal country. water quality protections with respect tion. If you care about the workers, if I believe mountaintop removal to mining. you care about these communities, you should be banned, but at a minimum, It requires that affected streams be will vote ‘‘yes’’ on this CRA and block we should halt all new permits until restored when mining is finished. this job killer. It gives communities accurate infor- Mr. GRIJALVA. Mr. Speaker, I yield the safety of the residents in the sur- mation about water quality so they such time as he may consume to the rounding communities is assured. can best protect themselves from pol- gentleman from Kentucky (Mr. YAR- Therefore, I urge my colleagues to op- lution. MUTH). pose today’s effort to block this poten- Mr. Speaker, these protections are Mr. YARMUTH. Mr. Speaker, I rise tially lifesaving rule and support the not onerous, but their benefits are in opposition to this dangerous effort ACHE Act. vast. to block the stream protection rule, a We have failed to protect the families We have seen in Flint, Michigan, and commonsense proposal that has the po- in these communities, and passage of elsewhere the painful consequences tential to save lives and will improve this bill will inflict another blow to when people lack access to safe drink- the health, outcomes, and well-being of their health and well-being. They de- ing water. We must do more to prevent families over time throughout coal serve far better. that kind of suffering and damage. country. I will make a final offer to my col- Nixing this rule would, instead, mean This bottle of—I guess you could call leagues on the other side. If anybody that we are doing less. it a liquid—wasn’t taken from an in- wants to come and take a drink out of The stream protection rule is the dustrial waste site or from the runoff this, I will withdraw the ACHE Act and product of a careful year’s-long proc- of a landfill. This came from the drink- vote for their legislation. ess. Countless stakeholders partici- ing well of the Urias family’s home in Mr. BISHOP of Utah. I am pleased to pated at two dozen public meetings, Pike County, Kentucky. yield 1 minute to the gentleman from and regulators received tens of thou- Despite what it looks like, there is Ohio (Mr. RENACCI). sands of public comments. water in there along with chemicals, Mr. RENACCI. Mr. Speaker, in the Mr. Speaker, this rule was crafted in toxic minerals, and known carcinogens, waning days of his Presidency, the the sunshine, but we are about to over- all present in this family’s drinking Obama administration finalized the rule it in the dead of night. After all of water because of mountaintop removal. stream buffer rule, a final parting shot that work, this resolution of dis- The mountaintop removal process be- at the coal industry on his way out the approval did not even receive a com- gins with beautiful mountains that door. Not once did the Office of Surface mittee hearing. look just like this. These are Appa- Mining visit and assess the economic Mr. Speaker, if this body is seriously lachian Mountains near the West Vir- impact of this rule on operating mines. going to weaken vital drinking water ginia-Kentucky border. In fact, in their analysis, they relied on First, they raze an entire side of the protections, the American people de- ‘‘hypothetical mines.’’ serve ample opportunities to inform mountain, tearing trees from the These aren’t hypothetical mines and themselves and to make their voices ground and burning down any plant they aren’t hypothetical jobs that will heard. This rushed-through proposal growth. From there, they use explo- be affected. In the real world, this rule denies them that opportunity. sives to blast the tops off the moun- I find this measure to be very dis- tains and push rock and dirt out, ulti- could mean the end of coal production turbing, and I find the process con- mately filling the surrounding streams in Ohio and the end of thousands of cerning. I urge all of my colleagues on and waterways with debris, blast mate- good-paying jobs in countless commu- both sides of the aisle not to go down rials, and other dangerous elements nities like the one I grew up in. this path. and minerals that end up in the drink- Ohio will be directly impacted by Mr. BISHOP of Utah. Mr. Speaker, ing water of the Urias family and this rule. Fifty-nine percent of our nice to know that 2:30 in the afternoon countless others throughout coal coun- electricity comes from coal-fired power is the dead of night. try. plants, and Ohio’s coal industry em- I yield 1 minute to the gentleman This is what is left. ploys thousands of hardworking Ameri- from Pennsylvania (Mr. ROTHFUS). As we have noted during our fight for cans. Mr. ROTHFUS. Mr. Speaker, a little funding to help the families of Flint, Mr. Speaker, I urge my colleagues to over a year ago, I took a mile-long, 30- Michigan, dealing with water contami- vote to stop this rule, to stop the war minute ride with coal miners into a nation, this should not happen here in on coal, and to stop this rule which 31⁄2-foot-high coal mine in the moun- America in the 21st century; yet fami- could cause hardworking Americans to tains of Pennsylvania. I was reminded lies in coal country have been dealing lose their jobs. I urge my colleagues to that day about the incredible work with this for 40 years. So you can imag- support this joint resolution of dis- ethic of the folks in western Pennsyl- ine how many people’s health has been approval under the Congressional Re- vania, the same work ethic that lit- jeopardized by this practice. view Act. erally built this country in the 19th The stream protection rule that the Mr. GRIJALVA. I reserve the balance and first half of the 20th centuries. House is about to block would serve as of my time.

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.041 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H845 Mr. BISHOP of Utah. Mr. Speaker, I Stream Protection Rule, a rule with vast amounts of energy to States am happy to yield 1 minute to the gen- years of stakeholder outreach and en- across this country for decades. My tleman from Colorado (Mr. TIPTON), an- gagement, would be an attack on clean home State of California has had a long other State that was promised, in the water and should be opposed.’’ history of mining that has led to in- Clean Water Act, to have authority Travel Unlimited says: ‘‘The rule is a credible economic growth and job op- which was taken away by this simple worthy, sensible effort to reduce the portunities for many of my local com- rule. huge impacts of mountaintop removal munities. Mr. TIPTON. Mr. Speaker, the coal mining . . . on our Appalachian This one-size-fits-all approach fails United States is blessed with a wealth streams and rivers.’’ to provide any regulatory certainty to of domestic energy resources, allowing And it goes on and on. They all go on industry and denies important tax rev- our Nation to responsibly develop safe, to point out the specific impact of enue from energy extraction to the abundant, and affordable energy to mountaintop removal mining on fish- American taxpayer. meet our own needs. ing and wildlife and sportsmen. I appreciate my colleagues bringing The Third District of Colorado has ‘‘Mountaintop removal mining prac- this to the floor, and I hope we can sort blue skies, clean water, while main- tices create a survival risk for brook through the rhetoric on this against taining a healthy amount of respon- trout and other wild trout populations, energy jobs of a very important seg- sible development of oil, natural gas, and impede efforts to restore brook ment across the country that supplies and coal production in its many com- trout in already degraded watersheds.’’ so much of our energy currently, and munities. Mr. Speaker, I reserve the balance of can do it with safety and a mind for re- According to the Energy Information my time. developing our economy. Agency, coal accounted for approxi- Mr. BISHOP of Utah. I am pleased to Mr. GRIJALVA. Mr. Speaker, I con- mately 60 percent of the electricity yield 1 minute to the gentleman from tinue to reserve the balance of my generated in Colorado in 2015; yet this Kentucky (Mr. COMER), a new Member time. vitally important resource that pro- of Congress, who realizes that this rule Mr. BISHOP of Utah. Mr. Speaker, vides affordable energy and jobs to is long on regulations and short on real the opposition to this particular bill many of our families’ homes has come new protections for people. goes from coast to coast. We just heard under attack. Backed by radical inter- from California. Now we will go back b 1445 ests, the government has issued new to the East Coast. rules and regulations under the guise Mr. COMER. Mr. Speaker, I rise to Mr. Speaker, I yield 1 minute to the of environmental protections, but speak in favor of repealing the stream gentleman from Florida (Mr. YOHO). whose true intent is to bankrupt the protection rule. Mr. YOHO. Mr. Speaker, I stand here coal industry with regulatory compli- I represent a coal-producing district today in support of the livelihood of an ance. whose economy has been devastated by entire region of our country and indus- The stream protection rule is a solu- the former President’s and his rene- try that was unfairly targeted by the tion in search of a problem. Modern gade of unelected bureaucrats’ war on Obama administration in pursuit of an mining operations are already adept at coal. ideological agenda to do away with our avoiding impacts to watersheds, as the Last year, a Presidential candidate Nation’s abundant coal resources. Office of Surface Mining’s own num- boasted among a liberal political crowd The previous administration targeted bers show. The industry is also already that she would put a bunch of coal the coal industry and, by extension, subject to a wide array of environ- miners out of work. She went on to say the hardworking Americans employed mental statutes and regulations en- that the government would then essen- by the industry under the guise of pro- forced by various Federal and State co- tially come in and put those hard- tecting the environment. We all want operating agencies. working, out-of-work coal miners on clear air and water for our Nation’s I urge the passage of this resolution welfare. prosperity, but this rule is so strict, it and encourage my colleagues to sup- Well, Mr. Speaker, my coal miners makes it impossible for companies to port it. don’t want to be on government wel- continue to operate. It results in lay- Mr. GRIJALVA. Mr. Speaker, I yield fare. They want the government to get offs, closed businesses, and ultimately myself such time as I may consume. out of their way and let them work. an entire region unemployed. I would like to read a few lines from Because of senseless, onerous regula- Our Nation is blessed with an abun- letters of opposition to this resolution. tions like the stream protection rule, dance of natural resources and we The first comes from a coalition of 75 the liberals in Washington have suc- should utilize them all: oil, hydro- national and local environmental ceeded in putting most coal miners out power, wind, solar, and yes, clean coal, groups who are strongly opposed to of work. I believe that with the passage too. We must be prudent about how we this bill. of H.J. Res. 38 and a sensible energy regulate our energy industries because They write: ‘‘This long awaited rule policy created and implemented by when one sector is pushed out, it is the provides local communities with infor- businesspeople instead of bureaucrats, moms and dads at the end of the month mation they desperately need about we can begin to bring coal jobs back to paying their electric bill that feel the water pollution caused by nearby coal Kentucky and help provide the strug- impact the most. All Americans will be mining operations, and includes several gling economies in Kentucky’s coal affected, but it will be felt more by the important protections for clean water counties. ones who can least afford it. and the health of communities sur- Mr. GRIJALVA. Mr. Speaker, I re- That is why I am opposed to the rule, rounding coal mining operations. Any serve the balance of my time. and I urge my colleagues to support attack on the safeguards in the Stream Mr. BISHOP of Utah. Mr. Speaker, I the CRA. Protection Rule is an attack on clean yield 1 minute to the gentleman from Mr. GRIJALVA. Mr. Speaker, I yield water and should be opposed.’’ California (Mr. LAMALFA), one of the myself such time as I may consume. Wildlife and sportsman groups are other members of our committee who The use of the Congressional Review also opposed. has served for a long time and has Act has been categorized as reckless The National Wildlife Federation heard many of these arguments before. and extreme. The CRA was going to writes: ‘‘The Stream Protection Rule is Mr. LAMALFA. Mr. Speaker, I rise cause significant and lasting harm. an important water quality rule for our today in support of the measure for If successful, two things are going to nation. It seeks to empower State reg- congressional disapproval of the De- happen: the regulation is void and the ulatory authorities to ensure coal min- partment of the Interior’s stream pro- agency is prohibited from issuing an- ing and reclamation best practices, tection rule, which was created under other similar rule ever again. taking into account their unique re- the guise of protecting the environ- I mention that because this is about gional distinctions and impacts to ment but, instead, has been very harm- health. It is about the health of the local communities and wildlife. ful to American jobs. people living around those mining op- ‘‘. . . any efforts to undermine the They have attempted to cripple an erations and it is about mountaintop safeguards afforded by the finalized industry—energy—that has provided removal and the documented analysis

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.043 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H846 CONGRESSIONAL RECORD — HOUSE February 1, 2017 that proves that it is a danger to ning, let’s solve environmental prob- gress under SMCRA, and demands congres- health. It contaminates water and it is lems in a different way, through inno- sional action. destructive to the environment. vation and technology. The Congressional Review Act provides It is curious that we had 13 hear- Mr. GRIJALVA. Mr. Speaker, I re- Congress the authority to take action to avoid the harm imposed by the Rule. Accord- ings—I stand corrected—and an inves- serve the balance of my time. ingly, we respectfully request that you and tigation that went on in perpetuity, it Mr. BISHOP of Utah. Mr. Speaker, I your colleagues in the Congress pass a joint seemed like. Yet, once the rule was fi- yield 1 minute to the gentleman from resolution disapproving the Final Stream nalized and published in 2015, we never Illinois (Mr. RODNEY DAVIS). Protection Rule under the procedures of the had another hearing on the item again, Mr. RODNEY DAVIS of Illinois. Mr. Congressional Review Act, S U.S.C. 801 et which begs the question: If the whole Speaker, I rise in support of this reso- seq., so that it shall have no continuing force point was to delay and prevent this lution providing for a congressional or effect. disapproval of the stream buffer rule. Thank you for your careful consideration rule from ever taking effect and, more of this request. importantly, make it susceptible to the In my home State of Illinois, coal Sincerely, Congressional Review Act, mission ac- production employs roughly 5,000 work- WAYNE A. ROSENTHAL, complished for the majority. ers and the industry contributes $2 bil- Director, Department of Natural Resources. But the long-term consequences of lion a year to our State’s economy. In Mr. RODNEY DAVIS of Illinois. In using the CRA on a rule that is de- southern Illinois, these are some of the this letter, IDNR notes that the Office signed to protect people’s health, on a region’s best-paying jobs. of Surface Mining failed to properly rule that is designed to make coal com- Unfortunately, this rule was one of consult with the State of Illinois and panies be transparent and disclose to the final shots the Obama administra- the other States, resulting in a burden- the public, on a rule that every sci- tion fired in their war on coal. Unless some and unlawful rule that usurps entific analysis and the science is clear reversed, this rule is directly going to States’ authority as primary regu- that this rule was indeed there to pro- hurt our Illinois coal miners and those lators of coal mining as intended by tect both people and communities, I working at coal power plants and, in Congress and demands congressional think that is the permanent harm the end, consumers—those who pay the action. being done by this action today—deny- utility bills in this country. Mr. Speaker, rules like this are what ing the people in those communities to The last administration refused to the CRA is all about. I ask for your return to past practices that created work in good faith with the States support. the problem that we are dealing with when finalizing the rule, even after Mr. GRIJALVA. Mr. Speaker, I con- and that this rule attempted to address Congress told them to do so in the 2015 tinue to reserve the balance of my that created that problem. omnibus bill. time. Now we return to those times where I include in the RECORD a letter from Mr. BISHOP of Utah. Mr. Speaker, I unregulated mountaintop removal the Illinois Department of Natural Re- yield myself 1 minute. causes the destruction to both human sources in opposition to the rule. The stream protection rule has got to beings and the environment that we ILLINOIS DEPARTMENT OF be the poster child for the Congres- see as a legacy. I think it is not only NATURAL RESOURCES, sional Review Act’s action. There are disrespectful to the people of those re- Springfield, IL, January 30, 2017. 400 changes to the bill. There are 400 gions, but it, again, puts their health Re The Stream Protection Rule and The changes in over 1,600 pages of regula- Congressional Review Act. and the well-being of both the environ- tions, and there is no new, real protec- ment and humanity in that area at Hon. PAUL RYAN, tion above and beyond what we were major risk. It is not only reckless and Speaker, House of Representatives, Washington, DC. using since the Reagan administration. extreme to use the CRA, it is also dan- Hon. MITCH MCCONNELL, But it does outline benefits and po- gerous. Majority Leader, U.S. Senate, tential problems for 70,000 people di- Mr. Speaker, I reserve the balance of Washington, DC. rectly with their jobs, for 300,000 people my time. DEAR SPEAKER RYAN AND MAJORITY LEAD- whose jobs are threatened in a ripple Mr. BISHOP of Utah. Mr. Speaker, I ER MCCONNELL: As the regulatory authority effect, and, unfortunately, for everyone yield 1 minute to the gentleman from for administering the federal Surface Mining else. Every time you turn a light on, Kentucky (Mr. BARR), who clearly un- Control and Reclamation Act (‘‘SMCRA’’) in your costs will be exacerbated because derstands the situation that this rule the State of Illinois, the Department of Nat- ural Resources (‘‘Department’’) appeals Con- of this particular rule. has presented. gress to use its power under the Congres- This rule affects the most vulnerable Mr. BARR. Mr. Speaker, I appreciate sional Review Act to disapprove the ‘‘Stream of our population and it hurts them. It the opportunity to speak in favor of Protection Rule’’ (‘‘Rule’’), issued by the Of- is time for us to realize that it is time this Congressional Review Act resolu- fice of Surface Mining Reclamation and En- to stop making rules and regulations tion on behalf of the thousands of fel- forcement (‘‘OSM’’) at 81 Fed. Reg. 93066 for an ideological approach, and, in- low Kentuckians who have lost their (Dec. 20, 2016). stead, new rules and regulations that jobs in the coal industry. The Rule’s ‘‘one size fits all’’ approach to help people, not hurt people, as this regulatory performance standards fails to in- In eastern Kentucky, not far from particular one does. where I live, it is not just a recession corporate important regional differences, such as local geology, hydrologic regime, That is why this House, on four dif- that they are experiencing. What is and climate, as required under SMCRA. For ferent occasions over the last three happening in eastern Kentucky is a lit- example, stream loss has rarely been a prob- congresses, has voted against this par- tle depression over the last several lem in the State of Illinois given the re- ticular proposal. years. The stream protection rule gional hydrogeology of the Illinois Basin. To Mr. Speaker, I reserve the balance of would be the final death knell of a universally require long term upstream and my time. proud industry that has literally pow- downstream monitoring would place an Mr. GRIJALVA. Mr. Speaker, I yield ered America for over a century. undue burden on the State to continually re- myself such time as I may consume. When I talk to the men and women of view such data. The rule gives no discretion Mr. Speaker, our opposition to this to state regulatory authorities. eastern Kentucky about the prospects Despite the claims of OSM in its Regu- action being proposed by the Repub- of losing even more jobs in an economi- latory Impact Analysis, the Rule would place licans to eliminate the stream protec- cally depressed place, it is just abso- significant burdens and additional costs on tion rule is, indeed, an action that goes lutely devastating. So I applaud the state regulatory programs. Compliance with against fundamental science, goes work of the committee and I applaud the rule would require the Department to re- against the public health of the Amer- the work of this House to take this vise and restructure its entire coal mining ican people in those communities, and, matter seriously to end this regulation program and add $600,000 to $800,000 per year overall, takes the Congressional Re- in staffing and equipment costs. view Act and uses it as a bludgeon to that would put even more of my fellow OSM’s failure to properly consult with the Kentuckians in economic distress. State of Illinois and the other states has re- keep generations and generations in Instead of looking at environmental sulted in a burdensome and unlawful Rule those areas at risk in their health, questions as a matter of the need to that usurps states’ authority as primary reg- their water, and the general environ- have more government central plan- ulators of coal mining as intended by Con- ment in the area.

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.044 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H847 The issue of cost is an issue that waste. I have seen the miles of stream communities across the country, espe- comes up. The loss of jobs has been the that are killed from the toxics that are cially in Kentucky, where we have al- creation of competition, not because of leaching out from the overburden from ready got nearly 13,000 miners out of any proposed rule. the mining that is done. This is an ab- work. Second of all, when we were dealing surd place to say we are overregulated. It is time to end the madness and with the horrors of black lung, we were Mr. BISHOP of Utah. Mr. Speaker, I give our communities in the coal areas dealing with issues of mine safety for yield 1 minute to the gentleman from a chance to rebuild. I urge support of coal miners and the struggles that Ohio (Mr. GIBBS). this resolution. their unions had to go through to get Mr. GIBBS. Mr. Speaker, in his last Mr. GRIJALVA. Mr. Speaker, I have mine safety and healthcare protection month in office, President Obama fired no other speakers. I yield back the bal- for their workers. one last shot in his war on coal. By fi- ance of my time. At the time, I am sure, those were nalizing the so-called stream protec- Mr. BISHOP of Utah. I yield myself considered cost factors and why not do tion rule, the Obama administration the balance of my time to close. it. The cost factor here is about human made it more difficult for an already Mr. Speaker, we have heard a lot of life and it is about protection of water. distressed industry to provide a reli- false science today, which is appro- I would suggest that that should be the able and affordable energy source for priate since the agency that concocted priority of this Congress and not our economy. this rule refused to allow any of the emboldening or enriching the mine op- In reality, the only thing President data they used to make the rule to be erators and their profit line. Obama tried to protect was the jobs of made public. We asked for it. We asked Mr. Speaker, I reserve the balance of bureaucrats at the expense of hard- for it in legislation. They simply re- my time. working Americans. This rule adds no fused to comply. Ninety-three percent Mr. BISHOP of Utah. Mr. Speaker, I new environmental protections. It only of the sites are not having any impact reserve the balance of my time. duplicates what Federal and State reg- on the streams, and the other seven Mr. GRIJALVA. Mr. Speaker, I yield ulators are already doing to protect percent we already had rules that cov- 2 minutes to the gentleman from Or- the environment. ered them that did this protection. egon (Mr. DEFAZIO), my friend. Additionally, this rule could close off There is no real new protection in this Mr. DEFAZIO. Mr. Speaker, I have as much as half of the U.S. coal re- particular act. been involved for 28 years on the Nat- serves for mining. The bureaucrats The States, which regulate 97 percent ural Resources Committee on these writing this rule did not truly under- of the coal mines in the United States, issues. stand the impact of this because, in the were shut out of the process, which is What we are talking about today is 7 years they took to write it, no one why they are suing over it. This rule simple here. Yes, it is cheaper. If you bothered to visit an actual mine. undercuts the State primacy that was blow the top off a mountain and you We cannot allow out-of-control bu- provided in the Surface Mining Control dump it in the valley and you bury a reaucrats to regulate an industry that and Reclamation Act. stream, it is cheaper. Okay. employs thousands of Americans out of What we are doing here today with Is that what we are all about here? existence simply to save the radical this effort is to reestablish the article The most destructive, least environ- liberal agenda. I urge my colleagues to I authority that we have in the Con- mentally responsible, but cheapest way join me in supporting this resolution of stitution by saying we are responsible of doing things? disapproval of yet another regulatory for the policy, not some agency of the If we are going to set the precedent overreach by the Obama administra- executive branch. here, I can think of a whole lot of other tion. Adopting this resolution protects the areas that relate to clean water, clean Mr. GRIJALVA. Mr. Speaker, I urge rights of States tasked with regulating air, and things that are important to a ‘‘no’’ vote. I think the arguments the coal industry in their borders, and the American people and the sustain- have been made. The precedent being it also actually helps people. People ability of our environment that will go set tonight by this House is a dan- are going to be harmed if this act is away because it would be cheaper. If we gerous and extreme precedent that we not repealed and actually goes into ef- can just dump the waste out the back will all come to regret. I urge a ‘‘no’’ fect, and the most vulnerable of our door of the factory, that is cheaper. vote. populations are the ones who will suf- I reserve the balance of my time. fer the most because of it. b 1500 Mr. BISHOP of Utah. Mr. Speaker, I Because of that reason, it is right for If we can just put whatever we want yield 1 minute to the gentleman from Congress to do our responsibility here up the stack and people wear gas Kentucky (Mr. ROGERS), the former and now and repeal this bad act that masks, that is cheaper. That is the chairman of the Committee on Appro- was done in secret that was not al- major argument we are hearing today. priations. lowed to have the openness that we This rule, a 100-foot buffer—a 100-foot Mr. ROGERS of Kentucky. I thank have requested in the past and that is buffer—for toxic materials around the chairman for yielding me this simply redundant at best, totally un- streams is too expensive. It is cheaper time. necessary, and does the harm that it to blow the top off the mountain, get Mr. Speaker, President Obama made does to real people: 70,000 direct jobs, the coal out, and take all the overbur- it his mission to bankrupt the coal in- over 300,000 indirect jobs, as well as a den and other assorted stuff and dump dustry when he took office, and higher cost to everyone who uses en- it in the valley and bury the stream. through a slew of job-killing regula- ergy in this Nation. The only problem is then it rains. tions, he has nearly made good on that I ask my colleagues to support the What happens when it rains? Well, you promise. His administration spent 7 resolution of disapproval and vote for can either cap that whole thing and years and over $10 million in taxpayer its final passage. make it impermeable and then have dollars writing the stream protection Mr. Speaker, I yield back the balance big runoff downstream or, as it gen- rule. Even though the bipartisan 2016 of my time. erally happens, the water percolates omnibus appropriations bill directed Mr. JOHNSON of Georgia. Mr. Speaker, I down through all the waste and be- the Interior Department to engage stand in strong opposition to H.J. Res. 38, the comes a toxic flow. with the States before finalizing this resolution disapproving the rule submitted by Now, you say, well, these are only rule, the agency refused to comply, the Department of the Interior known as the seasonal streams. Well, seasonal leaving crucial voices out of the rule- Stream Protection Rule. streams run into other streams. What making process. I would like to express both my support of happens when you get those toxic flows Under this midnight regulation, at the Stream Protection Rule as well as my is you kill the other streams. I am see- least half of the Nation’s coal reserves deep concern over the use of the Congres- ing this actually in my district, not would be restricted from mining, and sional Review Act to derail smart regulations from a coal mine, but from a foreign one-third of current coal-related jobs that protect our citizens’ health while simulta- corporation which improperly mined would be at risk. This would mean neously creating a precedent of recklessly ob- and went bankrupt and left us with the more devastating job losses in coal structing federal rulemaking.

VerDate Sep 11 2014 02:30 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\K01FE7.046 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H848 CONGRESSIONAL RECORD — HOUSE February 1, 2017 The Stream Protection Rule is an effective The joint resolution was ordered to the gentleman from Michigan, (Mr. and sensible regulation that has undergone be engrossed and read a third time, and HUIZENGA), the chairman of the Sub- years of development in order to compel big was read the third time. committee on Capital Markets and polluters and industry actors to responsibly The SPEAKER pro tempore. The Government Sponsored Enterprises of dispose of dangerous waste so that our water question is on the passage of the joint the Committee on Financial Services. supply and ecosystems remain free of toxic resolution. This resolution disapproves a burden- pollutants. The attempt to dismantle this rule The question was taken; and the some and controversial Securities and will cause irreparable harm to clean drinking Speaker pro tempore announced that Exchange Commission rule that places water sources for millions of Americans. The the ayes appeared to have it. an unfair burden on American public Stream Protection Rule provides Americans Mr. GRIJALVA. Mr. Speaker, on that companies that is not applied to many with an environmental monitoring system that I demand the yeas and nays. of their foreign competitors. assures the cleanliness of the water. The yeas and nays were ordered. Virtually every day we hear from The residents of the 4th District of Georgia, The SPEAKER pro tempore. Pursu- many Americans about how this econ- like many of the constituents of my col- ant to clause 8 of rule XX, further pro- omy is just not working for them. It is leagues, live alongside and depend upon riv- ceedings on this question will be post- just not working for working Ameri- ers to be protected from harmful pollutants poned. cans like Keith from Dallas in my dis- and toxic chemicals that are the product of f trict who wrote me: ‘‘I am 53. I have a mining and industrial run-off. Run-off from min- grown son who lives with me. It seems PROVIDING FOR CONGRESSIONAL ing and industry sources contaminate stream like the cost of everything keeps going DISAPPROVAL OF A RULE SUB- water with various lethal toxins, including lead up, yet wages do not keep pace.’’ MITTED BY THE SECURITIES and arsenic. These pollutants not only impact The economic opportunities of Keith AND EXCHANGE COMMISSION the lives of people living in close proximity to and millions of Americans like him are the run-off sources of heavy pollutants, but all Mr. HENSARLING. Mr. Speaker, pur- not helped by top-down, politically people who live downstream. suant to House Resolution 71, I call up driven regulations that give many for- The water protected by this rule is the same the joint resolution (H.J. Res. 41) pro- eign companies an advantage over water consumed by our families, including chil- viding for congressional disapproval American public companies. dren and the elderly. Those exposed to car- under chapter 8 of title 5, United That is exactly what this Securities cinogens in their water can suffer from birth States Code, of a rule submitted by the and Exchange Commission regulation defects, cancer, and even death. Securities and Exchange Commission that we are talking about today does. Clean and safe water is in the interest of all relating to ‘‘Disclosure of Payments by It forces American public companies to Americans, regardless of their income level or Resource Extraction Issuers’’, and ask disclose inexpensive proprietary infor- political party. It matters not whether a state is for its immediate consideration in the mation that can actually be obtained red or blue, access to clean water will always House. by their foreign competitors, including be necessary, and it should be mandatory. The Clerk read the title of the joint state-owned companies in China and Clean water is a human right and this rule en- resolution. Russia. This is just one regulation out sures our country can provide clean drinking The SPEAKER pro tempore. Pursu- of thousands and thousands that are water to its citizens. ant to House Resolution 71, the joint burdening our companies, our job cre- I ask my colleagues this question: if the resolution is considered read. ators, and are costing our households, Stream Protection Rule is overturned are you The text of the joint resolution is as by one estimate, over $14,000 a year, prepared to tell your constituents and their follows: Mr. Speaker. families that their water will be less safe to H.J. RES. 41 Even though this is a Securities and drink or use? Resolved by the Senate and House of Rep- Exchange rule, section 1504 of Dodd- I am not alone in my stance. More than 70 resentatives of the United States of America in Frank has nothing to do with investor groups representing the interests of a wide- Congress assembled, That Congress dis- protection nor anything else we were swath of American citizens have expressed approves the rule submitted by the Securi- told the Dodd-Frank Act was supposed their strong disapproval with this resolution. ties and Exchange Commission relating to to do. As the acting chairman of the Two of these groups, the Savannah ‘‘Disclosure of Payments by Resource Ex- Securities and Exchange Commission Riverkeeper and Altamaha Riverkeeper orga- traction Issuers’’ (published at 81 Fed. Reg. has said, this rule ‘‘neither reforms nizations, represent the environmental con- 49359 (July 27, 2016)), and such rule shall have Wall Street nor provides consumer pro- no force or effect. cerns of my home, the great state of Georgia. tection and it is wholly unrelated, and These groups along with dozens of others The SPEAKER pro tempore. The largely contrary, to the Commission’s have expressed to our country’s elected offi- joint resolution shall be debatable for 1 core mission.’’ cials that a resolution of disapproval for the hour, equally divided and controlled by In addition, Mr. Speaker, the SEC es- Steam Protection Rule would significantly the chair and ranking minority mem- timates that ongoing compliance costs jeopardize the well-being of millions of Ameri- ber of the Committee on Financial for this rule could reach as high as $591 cans. Services. million per year. It is just an outrage, By subjecting the Stream Protection Rule to The gentleman from Texas (Mr. HEN- Mr. Speaker. That is $591 million every the Congressional Review Act, we set a dan- SARLING) and the gentlewoman from year that could better be used to hire gerous precedent in delegitimizing federal California (Ms. MAXINE WATERS) each thousands more Americans in an indus- rulemaking procedure, while we elevate the in- will control 30 minutes. try where the average pay is 50 percent terests of corporations over the health and The Chair recognizes the gentleman higher than the U.S. average. Literally safety of our citizens. The health of our na- from Texas. we could be talking about 10,000 jobs on tion’s children must supersede the maximiza- GENERAL LEAVE the line for this ill-advised rule. This is tion of profits. Mr. HENSARLING. Mr. Speaker, I significant, given that millions of For the sake of the millions of Americans ask unanimous consent that all Mem- Americans, like Keith from my dis- who rely on the safety regulations established bers may have 5 legislative days in trict, have not seen their wages in- by this rule, I strongly urge my colleagues to which to revise and extend their re- crease while our economy has been sty- vote NO on the resolution. The citizens of our marks and submit extraneous mate- mied under the Obama administration. nation will thank you for putting their health rials on the joint resolution under con- Now, for those who claim that some- first. sideration. how by rolling back this rule, that this The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there undermines anticorruption efforts, let HOLDING). All time for debate has ex- objection to the request of the gen- me remind everyone that Mr. pired. tleman from Texas? HUIZENGA’s resolution, that the For- Pursuant to the rule, the previous There was no objection. eign Corrupt Practices Act, which the question is ordered on the joint resolu- Mr. HENSARLING. Mr. Speaker, I SEC and the Department of Justice ad- tion. yield myself such time as I may con- minister, already makes it illegal to The question is on the engrossment sume. pay former government officials when and third reading of the joint resolu- Mr. Speaker, I rise today in strong it comes to winning or maintaining tion. support of H.J. Res. 41, introduced by business opportunities.

VerDate Sep 11 2014 02:49 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.012 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H849 To further prove the point, Mr. spending that serves the public inter- here and abroad. Therefore, rolling Speaker, just this year the SEC has est. It also helps to diminish the polit- back the SEC’s disclosure rule would brought enforcement actions or settled ical instability in resource-rich coun- directly undermine the interests of ex- four separate cases for violations of tries, which is not only a threat to in- tractive companies in having a level this anticorruption law. So even with- vestment but also to our own national playing field. out this SEC rule, fraud will still be security. Worse, once the rule is nullified by fraud, corruption will still be corrup- Specifically, the disclosure rule en- this resolution, the SEC would not be tion, and both will still be illegal. The ables shareholders to make better in- able to put another rule in place that is SEC and the Department of Justice formed assessments of opportunity substantially similar. This would cre- will still have the authority to vigor- costs, threats to corporate reputation, ate different reporting regimes directly ously pursue those who break the law and the long-term prospects of the contravening what companies have re- and hold them accountable, as they companies in which they invest. quested from the SEC. And, the SEC well should. So no one, Mr. Speaker, In addition, opening the extractive final rule accommodated industry con- should fall for this false argument of industries to greater public scrutiny is cerns by including a generous phase-in our opponents. key to increasing civil society partici- period. U.S.-listed companies are not Let’s also remember that this joint pation in resource-rich countries, required to report until 2019. The rule resolution does not repeal section 1504 which are often underdeveloped coun- also provides for case-by-case exemp- of Dodd-Frank. I wish it did, but it tries that are politically unstable, rife tions if covered companies face any im- doesn’t. Rather, it vacates a flawed with corruption, with a history of civil plementation issues. SEC rule that mimics a previous rule conflict fueled, in part, by natural re- Therefore, the rule does not put U.S. that was already struck down by a U.S. sources. companies at a competitive disadvan- District Court. It is a rule that by the Moreover, the SEC’s rule is a reason- tage, nor does it impose an unreason- SEC’s own estimates has taken 51 em- able disclosure and places no limits or able compliance burden. I would also point out to my Repub- ployees over 20,000 hours to promul- restrictions on who companies can pay lican colleagues the importance of the gate, defend, and repromulgate. Fifty- money to, how much, or what for. After SEC’s disclosure rule in protecting U.S. one employees, 20,000 hours that could 5 years of robust debate and input, the national security and energy security have been directed at rooting out Ponzi final rule accommodated a number of industry concerns, providing compa- interests. schemes, that could have been used to Specifically, it helps protect U.S. na- nies with a generous 4-year phase-in promote capital formation or make our tional security interests by helping period and a case-by-case exemption capital markets more efficient. prevent the corruption, secrecy, and process for companies that face imple- b 1515 government abuse that has catalyzed mentation challenges. The SEC also al- conflict, instability, and violent ex- Furthermore, this rule still goes far lowed companies to comply with the tremist movements in Africa, the Mid- beyond the statute passed by Congress disclosure by using a report prepared and mandates public specialized disclo- dle East, and beyond. for other substantially similar disclo- As ISIS demonstrated, nonstate ac- sures that cost more and more, and is sure regimes, which include regimes in tors can benefit from trading natural more burdensome than the law re- the European Union and Canada. resources in order to finance their op- quires. Nevertheless, Republicans continue erations. Project-level disclosures in So, Mr. Speaker, for those who reli- to claim that the SEC’s rule is harmful the rule will make hiding imports from giously defend the Dodd-Frank law, and puts American companies at a nonstate actors more difficult, thereby they should be in vigorous support of competitive disadvantage to their for- limiting their ability to finance them- what Mr. HUIZENGA brings to the floor eign competitors. selves with natural resource revenues. today because the rule flies in the face Well, Mr. Speaker, they are entitled Corruption and mismanagement of of the Dodd-Frank Act. So when an to their own set of opinions, but they oil revenues destabilizes regions and agency exceeds its statutory authority, are not entitled to their own set of leads to conflict. And, resource-rich it is no longer regulating, Mr. Speaker, facts. I suppose these are alternative countries like Venezuela, Iraq, and An- it is legislating. And all of us, Repub- facts. gola are considered to be among the licans and Democrats alike, should be The truth is that U.S. companies are top ten countries perceived to be the able to agree that when the executive not the only ones required to make most corrupt according to Trans- branch acts in such a manner, Congress these disclosures. Many foreign compa- parency International. has a duty, a duty under article I of the nies must report under the U.S. rules, In addition, transparency of Russian Constitution, to check this executive including a number of state-owned oil companies and its extractive industry overreach. companies, such as China’s PetroChina is critical. The SEC’s rule would create As such, this House should whole- and Sinopec, and Brazil’s Petrobras. transparency of Exxon and other com- heartedly support Mr. HUIZENGA’s reso- Also, after the SEC issued its initial pany payments to the Russian Govern- lution. It simply tells the SEC to go rule in 2012, the rest of the world fol- ment. Gazprom, Rosneft, and Lukoil back to the drawing board, comply lowed our lead, establishing a global are already disclosing under the U.K. with the Dodd-Frank Act, and come up standard for the public disclosure of ex- rules, and BP has already reported pay- with a better role that will not put tractive payments companies make to ments to the Russian Government. The American public companies at an un- governments. SEC’s disclosure rule will make a cru- fair disadvantage and cost us jobs. A wave of transparency laws have cial contribution as Russian citizens I reserve the balance of my time. been adopted in foreign markets that seek to follow the money received by Ms. MAXINE WATERS of California. mirror the U.S. law. This includes leg- their government. Mr. Speaker, I yield myself such time islation in the European Union, Nor- A vote to roll back the SEC’s re- as I may consume. way, and Canada, which are all now in source extraction disclosures would be H.J. Res. 41 would roll back the force. These laws cover the vast major- a vote to abandon U.S. leadership in SEC’s rule that implemented an impor- ity of oil, gas, and mining companies the fight against global corruption. tant congressional mandate in Dodd- that compete with U.S. firms. I strongly urge my colleagues to op- Frank requiring oil, gas, and mining Now, leading global oil companies pose H.J. Res. 41. companies to publicly disclose pay- like BP, Shell, and Total, as well as I reserve the balance of my time. ments made to foreign governments for Russia’s state-owned companies— Mr. HENSARLING. Mr. Speaker, I access to their natural resources. Gazprom, Rosneft, and Lukoil—are en- yield 3 minutes to the gentleman from That rule helps fight corruption in tering their second year of reporting Michigan (Mr. HUIZENGA), the chair- the extractive industries sector, pro- under EU rules without any negative man of our Capital Markets Sub- vides investors with crucial informa- impact. committee and the author of H.J. Res. tion on their investments, and enables So contrary to Republican claims, 41. citizens to demand greater account- U.S. and foreign companies already Mr. HUIZENGA. Mr. Speaker, section ability from their governments for compete on a more level playing field 1504 of the Dodd-Frank Act was like

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.049 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H850 CONGRESSIONAL RECORD — HOUSE February 1, 2017 many other provisions that were ulti- Department to police against foreign transparency rules that combat corrup- mately included in the sprawling law. corruption. In fact, both of these agen- tion. They had absolutely no relationship to cies still have, at their disposal, Fed- I have been a long-time supporter of the underlying cause of the financial eral laws, including the Foreign Cor- this rule. I spoke in favor of it during and housing crisis. rupt Practices Act, which prohibits the Dodd-Frank debate, and I sent a However, some have used the finan- bribing foreign officials. letter to the SEC urging them to final- cial crisis to hijack Federal securities The SPEAKER pro tempore. The ize this rule as quickly as possible. law in order to push a socially moti- time of the gentleman has expired. Mr. Speaker, I include in the RECORD vated agenda. Specifically, section 1504 Mr. HENSARLING. I yield the gen- this letter, on which I was joined by of the Dodd-Frank Act requires compa- tleman an additional 30 seconds. roughly 58 of my colleagues. nies registered with the Securities and Mr. HUIZENGA. And even without CONGRESS OF THE UNITED STATES, Exchange Commission to annually re- this SEC extraction rule in effect, HOUSE OF REPRESENTATIVES, port payments such as taxes, royalties, fraud will still be fraud and corruption Washington, DC, June 11, 2014. fees, production entitlements, and will still be corruption. Both will still Re Implementation of Section 1504. those types of things made to a foreign be illegal activities that should be pun- Hon. MARY JO WHITE, or the U.S. Federal government relat- ished to the fullest extent of the law. Chair, U.S. Securities and Exchange Commis- sion, Washington, DC. ing to the commercial development of Voting for this resolution is a vote to DEAR CHAIR WHITE: We are aware that the minerals, oils, and natural gas. right the ship. This is a vote to reset Securities and Exchange Commission (SEC) Companies subject to section 1504 the regulatory process. Congress needs recently announced its anticipated agenda must report the type and total to send this flawed regulation back to for the next ten-month period, and that the amounts of these payments made for the SEC drawing board and instruct agenda includes a proposal to initiate rule- each project, as well as the type and the SEC to get the provision right by making for Section 1504 of the Dodd-Frank total amounts of payments made to Act by March 2015. promulgating an appropriate rule While we are pleased that the SEC plans to each government. These payments under section 1504. begin focusing its attention on this impor- cover, as I said, taxes and other things I urge my colleagues to support this tant provision, which mandates revenue that are really business expenses. resolution. transparency in the extractive industries, we While this may be a laudable goal, Ms. MAXINE WATERS of California. believe that the rulemaking for section 1504 using Federal securities law and the Mr. Speaker, I yield 3 minutes to the should be on a swifter, more definite time SEC to enforce social issues is incon- gentlewoman from New York (Mrs. line. We strongly urge you, therefore, to sistent with the SEC’s core mission issue a proposed rule for public comment no CAROLYN B. MALONEY), the ranking later than the end of this year. and completely inappropriate. Just to member of the Subcommittee on Cap- The initial rule issued by the SEC on Au- remind everyone, the SEC’s mission by ital Markets on the Financial Services gust 22, 2012 adhered closely to the intent of law is to: One, protect investors; two, Committee. the law, and we applaud the SEC for its maintain fair, orderly, and efficient Mrs. CAROLYN B. MALONEY of New forceful legal defense of the rule. In light of markets; and three, facilitate capital York. Mr. Speaker, I want to thank the the District Court’s July 2013 decision, which formation. I would liken what they are gentlewoman for yielding to me, and vacated the rule on procedural grounds but doing by having the SEC put this rule did not foreclose any regulatory options, we for her leadership in so many areas, in- believe the Commission should issue a re- in place sort of like requiring your po- cluding her leadership on this joint res- vised rule that is equally strong. The exist- lice department to be in charge of road olution. ing rulemaking record should provide the repair, too. It is just not their exper- I rise today in strong opposition to necessary basis to swiftly schedule a new tise. the resolution, which would repeal an rulemaking and to reissue a rule mandating The SEC recognized this fact and SEC anticorruption rule. I fail to un- public disclosure by company and by project stated that section 1504 ‘‘appears de- derstand why anyone in this body with no exemptions. Anything less would un- dermine the intended purpose and benefits of signed primarily to advance U.S. for- would want to repeal something that eign policy objectives,’’ not investor Section 1504 for investors, companies, gov- helps us fight corruption. ernments and their citizens. protection or capital formation. Not- The SEC rule would require compa- We would note that after the SEC issued withstanding the merits of the under- nies registered in the United States to its rule in 2012, the rest of the world followed lying policy goals, conducting Amer- disclose the payments that they make our lead, establishing as a global norm the ican foreign policy is not what Con- to foreign governments for the develop- public disclosure of oil and mineral pay- gress created the SEC to do. In fact, ment of oil, natural gas, or other min- ments by company and by project with no just moments ago, the U.S. Senate con- exemptions. The European Union and Nor- erals. way passed disclosure laws modeled on the firmed Rex Tillerson as the Secretary Unfortunately, there is a long and Commission’s August 2012 rule. The Cana- of State, and I would suggest that we very sad history of corruption where dian government has committed to adopt the let him direct our foreign policy. With Big Oil or mining companies strike same requirements and plans to have legisla- all due respect to the commissioners deals with foreign governments to ex- tion passed by April 2015 and regulations in and the SEC staff, none of them are tract their natural resources. Too place that summer. Several globally impor- really foreign policy experts. often, the money from the oil or min- tant oil and mining companies also support payment transparency at the project-level, As we debate this resolution, let’s be ing company ended up going to pay clear on what this isn’t about. Some citing significant business benefits, while bribes to corrupt politicians and not to others have begun voluntarily disclosing de- have tried to argue that a vote to va- benefit the ordinary citizens of the tailed payment information. cate this provision is a vote for corrup- country. And in March, the United States was ac- tion somehow. This couldn’t be further The SEC rule is intended to bring cepted as a candidate country in the Extrac- from the truth. Now, I understand and some basic transparency to these tive Industries Transparency Initiative, sympathize with the sense and the feel- deals—that is all we are talking about, which is a global effort designed to increase accountability and openness in these indus- ing of this that this rule makes sup- transparency—by requiring U.S. com- porters feel better about themselves, tries, and specifically requires project-level panies to disclose the payments they reporting in line with the standard set by but it does not solve the real world make to foreign governments—who the Section 1504 and its sister legislation in Eu- issues. This foreign rule that has been payments went to, how much they rope. brought up is really like comparing ap- paid, who in the government got the The implementation of Section 1504 is crit- ples and oranges with the foreign rules money that should be going to the peo- ical. Resource revenue transparency allows versus this particular rule. And if we ple. shareholders to make better-informed as- allow them to rewrite this particular sessments of risks and opportunity costs, rule, we might actually mirror what b 1530 threats to corporate reputation, and the It tells the people and the country long-term prospects of the companies in the EU and what other foreign govern- which they invest. It is no surprise, then, ments are doing. where this natural resources money is that investors with assets worth over $5.6 Despite the claims to the contrary, going. This is just common sense, and trillion recently called on the SEC to quick- H.J. Res. 41 does nothing to undermine it is outrageous and unbelievable to me ly reissue a strong rule to align with trans- the ability of the SEC and the Justice that anyone would oppose simple parency rules in other markets.

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.051 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H851 Public reporting of extractive payments is John B. Larson, Member of Congress; Mat- Subcommittee, for his leadership on also fundamental to improving governance, thew A. Cartwright, Member of Congress; this issue. curbing corruption, improving revenue man- Jerrold Nadler, Member of Congress; Charles Mr. Speaker, I am proud to cosponsor agement, and allowing citizens to demand B. Rangel, Member of Congress; Henry C. greater accountability from their govern- ‘‘Hank’’ Johnson, Jr., Member of Congress; the SEC disclosure rule for resource ex- ments for spending that serves the public in- Susan A. Davis, Member of Congress; Adam traction, which is an important tool terest. This, in turn, can help create more Smith, Member of Congress; Theodore E. for Congress to use in disapproving ex- stable and democratic governments, as well Deutch, Member of Congress; Michael M. cessive red tape brought by Wash- as more stable business environments, which Honda, Member of Congress; Ann McLane ington bureaucrats. contribute to the advancement of U.S. na- Kuster, Member of Congress; Michael H. The previous administration placed tional security interests. Michaud, Member of Congress; Zoe Lofgren, crushing regulatory burdens on the Since its passage, Congress has continued Member of Congress. to support the strong implementation of Sec- American people. In 2015 alone, Federal tion 1504 rules. Last year, legislation to im- Mrs. CAROLYN B. MALONEY of New regulations cost almost $1.9 trillion— plement an agreement between the U.S. and York. Mr. Speaker, let’s also be clear nearly $15,000 per American family. Mexico to develop oil and gas reserves in the about what the SEC’s rules do not do. This particular SEC regulation, which Gulf of Mexico (HR 1613) was significantly They do not place any restrictions on was issued by the Obama administra- delayed when the House version of the bill who companies can pay money to. It tion, regarding resource extraction dis- included a waiver from Section 1504 require- doesn’t restrict how much money they ments. closures will make it more expensive The White House strongly objected to the can pay or what they can pay for. It for our public companies that are in- House bill precisely because of the waiver, doesn’t stop corruption; it just simply volved with energy production to be and issued a Statement of Administration says you have to report it so that the competitive overseas with foreign Policy calling the exemption unnecessary people in the country—and everyone— state-owned companies. and claiming it would directly and nega- knows what is going on. tively impact U.S. efforts to increase trans- In fact, there was bipartisan support Mr. Speaker, I am pleased to support parency and accountability in the oil, gas, for this rule. The amendment to Dodd- this resolution of disapproval. The SEC and minerals sectors. Congress ultimately has estimated that ongoing compliance passed a version of the bill that did not in- Frank that required this rule was known as the Cardin-Lugar amendment costs for this rule could reach as high clude the Section 1504 waiver. as $591 million annually and fully Importantly, the final legislation was sup- because it was cosponsored by Repub- ported by the same industry groups and law- lican Senator Dick Lugar. Senator admit that it has the potential to di- makers who initially alleged that Section Lugar was a long-time chairman of the vert capital away from other produc- 1504 would create conflicts of law and put Senate Foreign Relations Committee, tive opportunities, like growing a busi- American companies at a competitive dis- so he understood the negative impact ness and creating jobs. advantage. Securities law should not be used to The court decision, along with data and that these corrupt deals could have on analysis from the previous rulemaking proc- developing countries. advance foreign policy objectives, par- ess, has provided the Commission with a The only reason—and I repeat, the ticularly when the compliance cost of road map to develop a revised rule requiring only reason—to vote for this resolution implementing those objectives is so ex- public disclosure at the project level with no is to help corrupt governments steal pensive—with no added benefit of in- exemptions. We strongly urge you to money from their people. vestor protection. prioritize setting out a swift and fixed While this rule had already been va- timeline for the implementation of section The SPEAKER pro tempore. The 1504, including the release of a proposed rule time of the gentlewoman has expired. cated before the U.S. District Court of for public comment no later than the end of Ms. MAXINE WATERS of California. D.C. in 2013, I am happy that, through 2014. I yield the gentlewoman an additional this resolution of disapproval, Con- Sincerely, 1 minute. gress—we the people—can now weigh in Maxine Waters, Member of Congress; Peter Mrs. CAROLYN B. MALONEY of New as well on this harmful rule. I urge the A. DeFazio, Member of Congress; Carolyn B. York. Mr. Speaker, I am going to re- passage of this resolution. Maloney, Member of Congress; Henry A. peat this phrase since people were Waxman, Member of Congress; Gregory W. Ms. MAXINE WATERS of California. Meeks, Member of Congress; Eliot L. Engel, knocking me out of order. Mr. Speaker, I yield 5 minutes to the Member of Congress; Nita M. Lowey, Member The absolute only reason they should gentleman from Illinois (Mr. FOSTER), of Congress; Jose´ E. Serrano, Member of Con- vote for this—and I want to warn those a member of the Financial Services gress; Brad Sherman, Member of Congress; on both sides of the aisle—is to help Committee and of the Science, Space, Wm. Lacy Clay, Member of Congress; corrupt governments steal money from and Technology Committee. George Miller, Member of Congress; John their people; so I strongly urge a ‘‘no’’ Yarmuth, Member of Congress; Marcy Kap- Mr. FOSTER. I thank Ranking Mem- tur, Member of Congress; Carolyn McCarthy, vote. ber WATERS for yielding. Member of Congress; Allyson Y. Schwartz, Now, several of my colleagues on the Mr. Speaker, I rise in opposition to Member of Congress; Keith Ellison, Member other side of the aisle have pointed out H.J. Res. 41 and in support of the SEC of Congress; Louise McIntosh Slaughter, that the foreign and corrupt rule will rule requiring resource extraction com- Member of Congress; John Conyers, Jr., take care of this, but the foreign and Member of Congress; Rosa L. DeLauro, Mem- panies to disclose payments to govern- corrupt rule only covers bribery. It ments. ber of Congress; Michael E. Capuano, Mem- doesn’t cover unjust enrichment. It Historically, payment for resources ber of Congress; Gwen Moore, Member of doesn’t cover governments stealing Congress; Karen Bass, Member of Congress; is a huge source of corruption in devel- from themselves. Mark Pocan, Member of Congress; Rau´ l M. oping countries, which, for most of us, Grijalva, Member of Congress; Earl Blu- Use of the Congressional Review Act menauer, Member of Congress; Alan S. to strike the rule would prohibit the is morally abhorrent; but what I want Lowenthal, Member of Congress; Rush Holt, Commission from promulgating any to talk about is the competitive advan- Member of Congress; Jared Huffman, Mem- rule that is ‘‘substantially similar’’ to tage that we gain when we embrace the ber of Congress; James P. Moran, Member of that rule, effectively preventing it principles of the democratic rule of Congress; James P. McGovern, Member of from ever fulfilling its statutory man- law, transparency, and morality that Congress; Lois Capps, Member of Congress; our financial system depends upon. We Sam Farr, Member of Congress; William R. date in the Dodd-Frank Act, contrary to the will of Congress. passed Dodd-Frank to strengthen our Keating, Member of Congress; Carol Shea- financial system in a time of crisis but Porter, Member of Congress; I urge a strong ‘‘no’’ vote. Katherine Clark, Member of Congress; Bar- Mr. HENSARLING. Mr. Speaker, I also to make it more transparent and bara Lee, Member of Congress; Betty McCol- yield 2 minutes to the gentlewoman effective for American consumers and lum, Member of Congress; Peter Welch, from Missouri (Mrs. WAGNER), the sub- investors. Member of Congress; Janice D. Schakowsky, chairman of our Oversight and Inves- Section 1504 of Dodd-Frank directed Member of Congress; Jim McDermott, Mem- the SEC to publish a rule requiring ´ tigations Subcommittee. ber of Congress; Andre Carson, Member of issuers to disclose the types and Congress; Adam B. Schiff, Member of Con- Mrs. WAGNER. I thank Chairman gress; Paul Tonko, Member of Congress; Bill HENSARLING for the time. amounts of payments for each project Foster, Member of Congress; Anna G. Eshoo, I thank my colleague, Mr. HUIZENGA, and to each government annually. The Member of Congress; Eleanor Holmes Nor- the chair of the Capital Markets and provision improved disclosures made to ton, Member of Congress; Government Sponsored Enterprises financial regulators and to investors.

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.009 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H852 CONGRESSIONAL RECORD — HOUSE February 1, 2017 Private and public institutional in- curities and Exchange Commission—an change Commission, as it admits itself, vestors—representing trillions of dol- agency not charged with the responsi- is not in a position to conduct Amer- lars invested on behalf of American bility of carrying out American foreign ican foreign policy. Let’s leave this to families—voiced support to the SEC in policy—to promulgate a resource ex- the State Department, and let’s focus favor of the rule. There are two main traction issuer disclosure rule. That on SEC rules that are core to its mis- reasons for this support from institu- regulation, which is the subject of to- sion: investor protection and capital tional investors: day’s resolution, requires publicly formation. First, all investors want to be able to traded U.S. firms to disclose payments Ms. MAXINE WATERS of California. review payments to all governments, that they make to governments for the Mr. Speaker, I yield 3 minutes to the to assess the exposure the issuer may commercial development of oil, natural gentlewoman from Wisconsin (Ms. have to corruption risk. The SEC has gas, or mineral resources. MOORE), the ranking member of the jurisdiction over compliance with the The intent of the rule, as my col- Subcommittee on Monetary Policy and Foreign Corrupt Practices Act, and in- leagues on the other side of the aisle Trade on the Financial Services Com- vestors need to know whether fines for point out, is to allow local populations mittee. potentially corrupt payments could be to see how much revenue is generated Ms. MOORE. I thank the ranking levied against firms in which they are by their natural resources; but, in member. considering investing. practice, if fully implemented, this Mr. Speaker, I rise in strong, strong Investors should always have the rule will have a very negative impact opposition to this legislation that right to know material information on Americans and on the people it is seeks to overturn carefully crafted SEC about the firms, and systemic non- purported to help. anticorruption rules for extractive in- compliance with the law is always ma- First, the rule puts American firms dustries. terial. It should not take an event of at a severe competitive disadvantage, Section 1504 requires that gas and oil noncompliance that has been uncov- and we have talked about this before. companies that are listed on U.S. ex- ered by the regulators to inform inves- Because section 1504 applies only to changes to disclose payments made to tors when simple transparency require- companies that are listed on U.S. ex- foreign governments. Congress man- ments, like the annual reporting of changes, it forces them to disclose pay- dated these rules in Dodd-Frank, and it payments, can alert them to the risk. ments in detail in a way that would was a bicameral decision. It was Secondly, some investors may simply put them at a competitive disadvan- thoughtful and bipartisan. There were want to stay away from investments in tage to non-U.S. companies, like those multiple hearings in both Chambers firms that make payments to certain located in China. The SEC estimates and a conference report. governments. Many resource-rich na- that the initial cost of compliance for These Dodd-Frank rules were the tions in the developing world lack a U.S. firms could be as high as $700 mil- first of their kind, and they have be- democratic rule of law and are often lion and that the ongoing costs could come the model for 30 other industri- governed by oppressive regimes that be as large as $591 million annually. alized countries’ own rules. These rules exploit their land and environment, ex- That is $591 million that American have been so necessary because of the tracting resources for their rulers’ fi- businesses could be putting to better so-called resource curse, in which we nancial gain at the expense of their and more productive use, like in cre- have seen countries—particularly Afri- citizens. Investors have the right to ating jobs and investing in their work- ca—that have lots of resources, but know this information because they ers. The SEC, itself, admitted that there is widespread poverty because of own the company and may feel a moral compliance costs would result in di- the corruption of these extractive in- responsibility for its action. verting capital away from other pro- For these two reasons, extractive dustries. Surprisingly, these companies payments are information crucial to an ductive opportunities. have implemented them, and they are In addition, these disclosures will in- investor’s analysis of an issuer’s secu- currently complying with them glob- clude sensitive commercial proprietary rities. ally. The United States equity markets information and trade secrets that for- Now, we have heard a whole lot of are the most efficient in the world be- eign state-owned competitors can use whining and, quite frankly, lying about cause we have strong disclosure laws against American firms, and 50 percent how these regulations have cost us and strong enforcement at the SEC. of the firms that are likely to be obli- jobs; but, certainly, the Obama econ- The disclosure of payments made to gated to comply with this rule are omy has created a lot of prosperity. In foreign governments is a relevant fac- smaller reporting companies. While fact, Mr. Speaker, investor advocates tor in valuing securities and is crucial larger firms can more easily adjust at asset management companies and to avoiding asymmetries in informa- their financial reporting systems in civil society groups that are fighting tion, which can and will be exploited. order to collect the required data or corruption and instability support These disclosures actually enable the can even alter their business models to these rules. We should be supporting market to police an issuer by pun- make the rule less burdensome, the them. In fact, companies that have $10 ishing excessive payments to question- smaller firms that will be forced to trillion under management say that able governments with a devaluation of comply with this rule will have a very these disclosures help them manage its equities. difficult time. This will lead to a con- risk. solidation in the industry, to a reduc- In short, there are three market- b 1545 based reasons to disclose payments to tion in competition, and to higher foreign governments: prices for American consumers. Now, I am not going to go into a First, these disclosures promote mar- These projects are often carried out long-winded explanation of the ills and ket integrity; second, they provide in- in countries with underdeveloped issues related to illicit payments re- vestors with crucial information for economies. As a result, they provide lated to extractive industries to for- valuing securities; third, they enable much-desired work for local popu- eign governments. We know about investors to make ethical values-based lations, and they help improve the them. I guess that we are appalled by decisions on where they allocate their standard of living in the area, lifting this vote, but I guess it’s the beginning resources—a right that we should be many people out of poverty. This rule that we are going to be appalled for the enhancing rather than eroding. will stifle economic development in next 1,500 days. I urge my colleagues to vote ‘‘no’’ on areas that need it most, potentially It shouldn’t be surprising, Mr. Speak- H.J. Res. 41. limiting the ability of these regions to er, that the friend and ally of Russian Mr. HENSARLING. Mr. Speaker, I thrive. leader Vladimir Putin—and now Presi- yield 3 minutes to the gentleman from In conclusion, Mr. Speaker, this is dent Trump’s nominee for Secretary of Kentucky (Mr. BARR), the chairman of not about investor protection. Instead, State—Rex Tillerson lobbied against our Monetary Policy and Trade Sub- it is going to undermine capital forma- this very rule when he was at Exxon. committee. tion, and it is going to hurt smaller Specifically, he said it would hurt their Mr. BARR. Mr. Speaker, section 1504 firms, and it is going to hurt jobs in Russian operations. Transparency will of the Dodd-Frank Act requires the Se- this country. The Securities and Ex- hurt ExxonMobil’s Russian operations.

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.053 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H853 So the question has just got to be ing in today’s resolution to repeal the MR. HUIZENGA. Will the gentleman asked, Mr. Speaker: What does that rule undermines the ability of the SEC yield? mean? or the Department of Justice to fight Mr. CAPUANO. I yield to the gen- The SPEAKER pro tempore. The corruption. Even without this rule, the tleman from Michigan. time of the gentlewoman has expired. Foreign Corrupt Practices Act remains Mr. HUIZENGA. Mr. Speaker, I Ms. MAXINE WATERS of California. in force and any corrupt activities by would be happy to write a rule. I am Mr. Speaker, I yield an additional 1 Americans will be prosecuted to the not sure that the gentleman from Mas- minute to the gentlewoman from Wis- fullest extent of the law. sachusetts would be happy with it. I consin. The rule under consideration today, am not sure that the SEC would be Ms. MOORE. Mr. Speaker, just the however, is unnecessary, poorly writ- happy with it. implication that transparency is going ten, outside the core responsibilities of Again, having that debate here in the to hurt Putin’s Russia is prima facie the agency, and it would impose sig- well of the House, I was not here for proof that we need these rules. nificant costs on publicly listed compa- the writing of Dodd-Frank. I am deal- What payments to Putin does Rex nies with no discernible benefit. ing with the echo effects of it, and that Tillerson not want shareholders and I urge my colleagues to support this is what we are trying to do right now. the American people to see? resolution. So rather than us having that, I put it Today, we should be demanding more Ms. MAXINE WATERS of California. back to the SEC. transparency and not less from the Mr. Speaker, I yield 3 minutes to the Mr. CAPUANO. Mr. Speaker, re- most conflicted President and adminis- gentleman from Massachusetts (Mr. claiming my time, I respect the gentle- tration in history. We are now trying CAPUANO), a senior member of the Fi- man’s intentions on this. I understand to make transactions less apparent. nancial Services Committee and the the concept of a level playing field. If All my colleagues should reject this Transportation and Infrastructure the Chinese are bribing a Third World joint resolution, not only on substance, Committee. country, we should be able to compete but it is an abuse of the Congressional Mr. CAPUANO. Mr. Speaker, let’s be with them. If that is the case, make Review Act. honest, guys: leveling the playing field, our companies allowed to bribe them, Mr. HENSARLING. Mr. Speaker, I capital formation. Come on. as long as we know what is going on. yield 2 minutes to the gentleman from All this rule was written for is to ex- Now, I don’t know how you are going Pennsylvania (Mr. ROTHFUS). pose bribery. There is no line in any to write that law, but I am happy to Mr. ROTHFUS. Mr. Speaker, we are corporate report that says: paid for work with you any time you want. all painfully aware that Washington’s bribery. It comes up as royalty fees. It Here is the problem: bribery is insid- financial control law, Dodd-Frank, is comes up as gifts. It is bribery, pure ious. It is secretive. It can’t be found. Now, I am a Catholic. I probably am full of provisions that have nothing to and simple. not the best Catholic in the country. I do with protecting consumers or pre- Every company in a foreign country think we could probably all agree to venting another financial crisis. is subject to it, especially a Third that. The SEC rule in question today is no World country, especially when it The SPEAKER pro tempore. The exception. This politically motivated comes to natural resources, and we all time of the gentleman has expired. rule, tucked into a provision under the know it. Ms. MAXINE WATERS of California. miscellaneous provisions of Dodd- If you think this rule is overbroad, Mr. Speaker, I yield an additional 1 Frank, fails to advance the core mis- yet you are still truly appalled by brib- minute to the gentleman from Massa- sion of the SEC, which is to protect in- ery and the results of it, submit some chusetts. vestors, maintain fair, orderly, and ef- other option for us to do it. That is all Mr. CAPUANO. Mr. Speaker, the ficient markets, and facilitate capital this rule was ever meant to do. basic tenets are pretty clear. Here is formation. Give us an alternative, as opposed to what they write, one line from the U.S. Ensuring that payments by oil, gas, simply repeal this. It is just like health Conference of Catholic Bishops: ‘‘ . . . and other mineral companies are trans- care; you complain, complain, com- where governance is weak and corrup- parent and accountable is a worthwhile plain, but no alternative. tion is rampant extractive, industry public policy goal, but it is outside the Honestly, if you put forth a proposal revenue that is not transparent be- securities laws’ core mission of inves- that says the Foreign Corrupt Prac- comes a curse that deepens poverty, de- tor protection. tices Act is now legal, it is okay to stroys democratic institutions, de- Not only should this rule and its en- have bribery, but you have to report it, frauds elections and allows autocratic forcement fall outside the purview of people like me might be open to it. I leaders to remain in power against the the SEC, but the rule itself is fun- understand. will of the people.’’ damentally flawed. Mr. HUIZENGA. Will the gentleman If you really believe that people Like so many rules and regulations yield? around this world should benefit by emanating from Dodd-Frank that harm Mr. CAPUANO. I yield to the gen- true and open democracy, you have to our economy, it is more complex and tleman from Michigan. provide them the opportunities to do costly than is required by statute, Mr. HUIZENGA. Mr. Speaker, I will that. I happen to agree with the which calls into question the extent to point out, though, what my resolution bishops. which it meets the SEC’s economic does, is it directs the SEC to go back to If you want to allow our companies analysis requirement. the drawing board. It is not our job to to bribe foreign governments, say it. I The SEC itself estimates the cost for write the rule. You are asking for that don’t like it, but it is a reality of the compliance at between $239 million to proposal. The SEC wrote a rule; it got world. They have been doing it for gen- $700 million initially and from $96 mil- struck down by the courts. They got erations. lion to $591 million annually after that. sued again. That is all this attempt was. And to I am also concerned that this rule Mr. CAPUANO. Mr. Speaker, re- simply repeal it says: It is open busi- could force companies to withdraw claiming my time, I respectfully dis- ness day, guys. Go in, pass the cash from certain countries. Among other agree. This, for all intents and pur- around, stick it to the regular people, things, some foreign countries have poses, prohibits them from doing it, and don’t tell them about it. laws to prohibit the sort of disclosures number one. The SPEAKER pro tempore. Mem- called for in this rule. Number two, you have an obligation. bers are reminded to direct their re- Since the rule provides no exemp- You have an obligation, if you don’t marks to the Chair. tions, American firms may be forced to like what exists, to propose an alter- Mr. HENSARLING. Mr. Speaker, I abandon business ventures that provide native. That is the way the world yield 2 minutes to the gentleman from jobs and opportunities for Americans. should work. Colorado (Mr. TIPTON). I understand that some opponents of Every time we don’t like something, Mr. TIPTON. Mr. Speaker, I thank our effort have tried to label the SEC’s we offer an alternative. You don’t have my colleague from Michigan (Mr. policy as an anticorruption rule. It is to like the alternative, but there is an HUIZENGA) for offering the resolution important to keep in mind that noth- alternative offered. under consideration today.

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.055 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H854 CONGRESSIONAL RECORD — HOUSE February 1, 2017 This resolution of disapproval will re- the commercial development of natural Mr. Speaker, of its public companies, peal the SEC’s resource extraction gas, minerals, or oil to report pay- in large part due to the costs and regu- rule, which imposes burdensome disclo- ments made to foreign governments for latory burdens of being associated with sure requirements on public companies these natural resources. being a public company. Dodd-Frank’s engaged in the commercial develop- At a time when our President and my resource extraction rule piles on even ment of natural gas, minerals, and oil. Republican colleagues are looking to more harmful red tape for those pub- The SEC’s mission is to protect in- cut regulations on businesses, the SEC licly traded companies in the United vestors, maintain efficient markets, estimates that ongoing compliance States that are global energy pro- and facilitate capital formation. Unfor- costs for this rule to be as high as $591 viders. tunately, the resource extraction rule billion. Let me say that again: one As this rule only applies to publicly is well outside the bounds of these agency, one rule, $591 billion. traded companies, this increased bur- mandates, which acting SEC Chair Mi- Let me go back to something many den puts U.S. companies at a disadvan- chael Piwowar noted in his dissent of of my colleagues have already men- tage. Over 75 percent of the extracted the rule saying that it ‘‘ . . . neither tioned today, the SEC mission. I will minerals are owned by state-owned en- reforms Wall Street nor provides con- quote from their own website. The mis- terprises, Mr. Speaker, that are not sumer protection and it is wholly unre- sion of the SEC is to ‘‘protect inves- covered by this rule. That puts our lated, and largely contrary, to the tors, maintain fair, orderly, and effi- companies at a competitive disadvan- Commission’s core mission.’’ cient markets, and facilitate capital tage. It requires our companies to re- When our businesses are being over- formation.’’ veal confidential information, putting If investor protection is truly the whelmed by compliance obligations, it our companies at a competitive dis- mission of the SEC, then why was this is crucial that our regulators do every- provision of the Dodd-Frank listed in advantage. thing in their power to ensure regula- And if, Mr. Speaker, the people want the section titled ‘‘miscellaneous pro- tions do not actively disrupt growth by visions’’? transparency, the best way to handle enforcing nonmaterial, socially moti- Mr. Speaker, American companies that is through self-disclosure through vated disclosures like those included in should be protected, and no one denies global transparency and account- the resource extraction rule. that. But to put them at a competitive ability. There are important public The SEC itself has admitted that this disadvantage against their foreign policy goals, and 51 countries have en- rule will be costly. The SEC estimates counterparts by implementing this rule tered into the Extractive Industry that the ongoing compliance cost for is just plain wrong. Transparency Institute, which is self- the resource extraction rule could Now, my friends on the other side of reporting and publishing, by country, reach as high as $592 million annually the aisle will argue that Republicans by company, both public and private, and noted that the disclosure require- are gutting an important transparency these important issues about mineral ments could result in capital being di- policy meant to combat corruption. extraction. verted away from productive opportu- Well, Mr. Speaker, my response to Finally, Mr. Speaker, if it is about nities. An agency tasked with main- those claims are this: Republicans are corruption, our friend, Senator Prox- taining efficient markets and facili- the party of transparency. We value ac- mire from Wisconsin, long ago, in the tating capital formation should not be countability. But in this instance, the 1970s, passed the Foreign Corrupt Prac- promulgating unnecessary and burden- Dodd-Frank Act instructed a Federal tices Act. There is no more act feared some rules like this. agency, without any substantial expe- by global corporate America than com- Dodd-Frank is full of examples like rience in resource extraction or foreign plying with the Foreign Corrupt Prac- the resource extraction rule that re- policy, to craft this mandatory disclo- tices Act and ensuring that our compa- quire Federal agencies to engage in sure for certain public companies. As nies, our shareholders are not prone or rulemaking on topics outside of their many of my colleagues have said party to bribery. substantive experience and jurisdic- today, industry is already publicly dis- I support this resolution. tion. In the future, I urge my col- closing the work they do in foreign Ms. MAXINE WATERS of California. leagues to craft legislation in a bipar- countries and will continue to do so. Mr. Speaker, I continue to reserve the tisan manner that only requires ac- The difference is simple; they do it at balance of my time. tions consistent with the mission of a level that does not cause competitive Mr. HENSARLING. Mr. Speaker, I the applicable agency. Until then, how- harms. yield 1 minute to the gentleman from ever, it is necessary for Congress to ex- Mr. Speaker, I urge my colleagues to Michigan (Mr. TROTT). ercise its oversight power to unwind support passage of this resolution and Mr. TROTT. Mr. Speaker, I rise in these misguided regulations that have erase a top-down, Washington-knows- support of H.J. Res. 41, offered by my hampered economic growth. best provision that is harmful to Amer- good friend, Mr. HUIZENGA. This resolu- I am happy to lend my support to ican companies and American inves- tion is simple. It repeals an onerous this resolution and encourage my col- tors. We should and can do it better. rule that puts American manufac- leagues to support this commonsense In God We Trust. turing and energy companies at a glob- Ms. MAXINE WATERS of California. measure. al disadvantage. Mr. Speaker, I reserve the balance of Ms. MAXINE WATERS of California. Both foreign and American compa- my time. Mr. Speaker, may I inquire as to how nies sell products and energy in our Mr. HENSARLING. Mr. Speaker, I economy, but only American compa- much time I have remaining? yield 2 minutes to the gentleman from The SPEAKER pro tempore. The gen- nies are required to jump through addi- Arkansas (Mr. HILL). tlewoman from California has 7 min- Mr. HILL. Mr. Speaker, I rise in sup- tional hoops, regulations that cost bil- utes remaining. The gentleman from port of H.J. Res. 41. As you have heard lions of dollars and pass on hundreds of 1 Texas has 11 ⁄2 minutes remaining. today, it has an immense cost to our millions of dollars to consumers. Ms. MAXINE WATERS of California. economy. The SEC estimates, as you Michiganders know all too well what Mr. Speaker, I reserve the balance of have heard from other Members, up to happens when government tips the my time. $590 million per year, Mr. Speaker. scale in favor of foreign companies: Mr. HENSARLING. Mr. Speaker, I Now, think about that. That is $5 bil- jobs are lost overseas, and the invest- yield 2 minutes to the gentleman from lion over 10 years. And if we put a 10 ment necessary to create jobs is de- Texas (Mr. WILLIAMS). multiplier on it, that is $50 billion of layed or canceled. Mr. WILLIAMS. Mr. Speaker, I rise investable capital that could be put out My friends across the aisle have sug- today in strong support of this resolu- for productive use helping the world gested that this resolution is about tion, providing congressional dis- have more mineral resources. Instead, bribery. It is not. This resolution and, approval of a rule submitted by the it goes to this ill-advised rule. in fact, the election on November 8 is SEC relating to disclosure of payment about jobs, the loss of American jobs. by resource extraction issuers. b 1600 Manufacturers in Michigan don’t Section 1504 of the Dodd-Frank Act In the past two decades, the United need special treatment. The unparal- requires a public company engaged in States has lost more than 50 percent, leled product of hardworking men and

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.056 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H855 women in Michigan speaks for itself. tween $239 million and $700 million in foreign nations in government coffers, not But I think we can all agree that the initial startup compliance costs alone. private pockets. American Government should be their After the first year, the SEC projects it ‘‘To roll it back would be a complete abdi- cation of U.S. initiative and leadership on ally, not their opponent. Repealing this would be an annual ongoing cost of issues of corruption,’’ said Daniel Kaufmann, rule does just that. compliance ranging from $100 million president of the Natural Resource Govern- I encourage my colleagues to support to $591 million. Rather than this rule, ance Institute, an International trans- this resolution. companies could reinvest these dollars parency watchdog. Ms MAXINE WATERS of California. into creating opportunities for local The SEC rule, set to take effect next year, Mr. Speaker, I continue to reserve the communities, which will result in the is one of a series of Obama administration balance of my time. creation of more good-paying jobs for regulations Republican lawmakers are try- Mr. HENSARLING. Mr. Speaker, I Americans. ing to reverse using the Congressional Re- yield 1 minute to the gentleman from view Act, a law that allows Congress to undo My district in central New York and regulations with a simple majority vote. North Carolina (Mr. BUDD). the Southern Tier has the highest or Congress also plans to vote this week to Mr. BUDD. Mr. Speaker, this resolu- one of the highest unemployment rates kill rules curbing methane venting and tion would overturn a Securities and in the Nation and a lower median mountain-top mining. To do so, both cham- Exchange Commission rule that, ac- household income than the national bers must pass a resolution disapproving the cording to the agency, is supposed to average. Section 1504 is merely another rules, which the president would then have ‘‘help combat global corruption and example of how bureaucratic govern- to sign. While President Barack Obama empower citizens of resource-rich ment overreach can result in lost op- would have reliably vetoed such resolutions, countries to hold their governments President Donald Trump is likely to sign it. portunities for the people in the 22nd Trump argues that curbing regulations is accountable. . . .’’ District of New York and all hard- key to unleashing investment by U.S. com- Well, that is a grand idea, but we working American workers. However, panies. He pledged to rescind two existing have a financial regulator to protect instead of taking this opportunity to regulations for each new one that’s issued. the American investor, not to combat empower our citizens who are eager to ‘‘The SEC’s rule forces U.S. companies to global corruption or empower citizens get back to work, we are fueling addi- disclose proprietary information to its com- for other countries. I am sure we could tional costly government regulations. petitors while foreign entities do not. This send the SEC off to fight any number can give some large industry players an ad- The SPEAKER pro tempore. The vantage on future business projects,’’ the of other international problems—reli- time of the gentlewoman has expired. American Petroleum Institute, an industry gious oppression, authoritarian re- Mr. HENSARLING. I yield the gen- group, said in a statement. gimes, malaria, maybe even leprosy. tlewoman an additional 30 seconds. House Majority Leader Kevin McCarthy The question is if a financial regu- Ms. TENNEY. Let me emphasize, we pledged in a Wall Street Journal op-ed, to lator mandated to combat all these are not eliminating the SEC’s or the ‘‘take the ax’’ to the SEC rule, which he things can fulfill its core mission to DOJ’s enforcement authority. We are characterized as ‘‘an unreasonable compli- provide financial transparency and pre- simply asking them to revisit this rule. ance burden.’’ vent fraud. Given that we had a finan- Transparency advocates dismiss that argu- Both of these agencies still retain their ment, pointing out that the European Union cial crisis that the SEC didn’t foresee power to ensure a level playing field and U.K. already require such disclosures and did nothing to prevent, that would and to root out corruption. from some of Exxon’s biggest competitors. suggest that it needs even less on its It is important we recognize that BP Plc, Total SA and Royal Dutch Shell are plate, not more. What this joint resolu- vacating this rule is part of the joint among those that annually report taxes, bo- tion does is put the American investor resolution. I urge my colleagues to nuses and other payments to foreign govern- first and help us to stop sending the vote in favor of this resolution. ments. SEC off on global rabbit trails. Mr. HENSARLING. Mr. Speaker, I U.S. ADVANTAGE I urge a ‘‘yes’’ vote. am prepared to close. I have no other Because Exxon and Chevron aren’t listed Ms. MAXINE WATERS of California. speakers at this time. on the European exchanges, they don’t have Mr. Speaker, I continue to reserve the I reserve the balance of my time. to comply with the EU disclosure rules. That balance of my time. Ms. MAXINE WATERS of California. may give them an edge over other oil majors Mr. HENSARLING. Mr. Speaker, I who must report project-level payments, Mr. Speaker, I yield myself such time critics say. yield 2 minutes to the gentlewoman as I may consume. In its 2015 disclosure to the UK, Rosneft re- from New York (Ms. TENNEY). Include a number of articles in the ported $29.8 million in payments to the Rus- Ms. TENNEY. Mr. Speaker, if you RECORD. One is a Bloomberg article, sian Federation, Vietnam, Brazil and Nor- opened up your copy of Dodd-Frank, entitled: ‘‘Exxon Set for Early Victory way. In the same year, BP reported $15.2 bil- this big thick book with 2,300 pages of As Congress to Rescind Payments lion in payments to 23 countries, Total dis- microscopic print, and went all the Rule.’’ The other one is a Politico Mag- closed $16.7 billion to 44 countries, and Shell reported $21.8 billion to 24 countries. way back to title XV, way back in the azine article that says: ‘‘Tillerson tried back, under ‘‘Miscellaneous Provi- The idea behind the measure is simple: If to get this rule killed. Now Congress is foreign oil companies disclose payments of $1 sions,’’ you would find excessive com- about to do it for him.’’ The other arti- million to the government of Country X, plexity and a regulation that only cle is a Washington Post article: ‘‘One then the lawmakers and citizens of Country breeds corruption, not the other way of House GOP’s first targets for regu- X will know that $1 million should show up around. latory rollback is tops on the oil indus- on the country’s budget. If less shows up, In these provisions lies section 1504, try’s wish list.’’ that means it has been diverted for private use. which directs the SEC, the Securities [From Bloomberg Government, Jan. 30, 2017] and Exchange Commission, to adopt a ExxonMobil and Chevron say they support EXXON SET FOR EARLY VICTORY AS CONGRESS financial transparency in the oil sector. Both rule requiring resource extraction TO RESCIND PAYMENTS RULE are members of an advisory committee under issuers to report payments to the U.S. (By Catherine Traywick) the Interior Department that oversees a vol- and foreign governments for the com- For years the oil industry has appealed to untary corporate financial disclosure pro- mercial development of certain natural the executive branch and courts to de-fang a gram. resources and make them available to U.S. rule forcing Exxon Mobil Corp., Chevron SEC COMMENTS the public. Corp. and other producers to disclose their In comments to the SEC, the companies Though we all fully support trans- payments to foreign governments. say they would support a version of the regu- parency and accountability, I believe Now, the Republican takeover in Wash- lation that protected company-specific data. that section 1504 fails to protect inves- ington is handling it for them. They argue that the current SEC rule would tors while simultaneously decreasing The House of Representatives is set to vote make available potentially valuable com- the productivity of capital markets this week on killing a Securities and Ex- pany information to state-owned competi- and competition in the marketplace. change Commission edict that requires pub- tors such as Saudi Aramco and Cnooc Ltd., lication of overseas payments by oil, natural neither of which are subject to the disclosure This rule has stifled job growth and ex- gas and mining companies. The industry rules. pansion. says the rule, part of the 2010 Dodd-Frank The American Petroleum Institute suc- The SEC estimated that the cost of act, gives global rivals a competitive edge. cessfully challenged an earlier version of the the new rule would be somewhere be- Backers say it will help keep payments to rule in court, forcing the SEC to rewrite it.

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.058 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H856 CONGRESSIONAL RECORD — HOUSE February 1, 2017 API asked the agency to consider a reporting Canada and the United Kingdom all went on adopted similar rules; in fact, conglomerates model that detailed payments by resource to use it as a model for similar rules. like BP, Total and even Russian oil majors type and production method—omitting com- Seven years later, Republicans are pre- listed in London have already filed disclo- pany-specific data. But, the SEC didn’t adopt paring to confirm Tillerson today as Presi- sures under those rules. A blog post on the that approach. dent Donald Trump’s secretary of State, de- issue on Tuesday from Oxfam America— ‘‘The SEC largely ignored industry’s com- spite allegations that he’s too cozy with Rus- which sued the Obama administration in 2014 ments,’’ said Exxon spokesman Bill Hol- sia. At the same time, the GOP is preparing for moving too slowly to revise the rule after brook. While the final rule included exemp- to try to kill the disclosure rule created the initial effort was struck down in court— tions for acquired companies and exploratory under Section 1504, despite warnings from was titled ‘‘From Russia With Love,’’ char- activities, it ‘‘remains based on the EU’s international aid groups that the move acterizing the GOP effort as a gift to Vladi- model and likely will adversely affect the would provide a wink-and-nod blessing to mir Putin and other authoritarian leaders of ability of publicly-traded companies to com- hidden corporate payments to petro-thugs. resource-rich countries. pete globally,’’ he said. The House is expected to act Wednesday ‘‘Why would Congress want to take a stand A Chevron spokesperson did not respond to afternoon, and since the move relies on a for facilitating corruption?’’ asked Jana a request for comment. special mechanism for reversing rules en- Morgan, director of Publish What You Pay PATTERN OF BEHAVIOR acted late in a presidential term, Senate Re- USA, a coalition of groups focused on ac- publicans will need a mere majority rather countability in the extractive industries. Transparency advocates say they’re con- than a filibuster-proof 60 votes to follow suit. ‘‘Why would anyone want to help the oil in- cerned that the repeal effort is part of a pat- So after all of Trump’s promises to drain dustry hide payments to kleptocracies?’’ tern of behavior among Republican law- the swamp, an anti-anti-corruption bill Lugar pointed out that in 2010, his amend- makers. pushed by Big Oil and his own top diplomat ment introducing Section 1504 with Demo- ‘‘The GOP that tried to gut the ethics com- might be the first policy legislation to reach cratic Sen. Ben Cardin had a fair amount of mittee is trying to gut a critical anti-corrup- his desk. bipartisan support. But so far, no Repub- tion law,’’ said Jana Morgan, director of the ‘‘It would be a real tragedy for democracy licans have come out against the resolutions advocacy group Publish What You Pay. ‘‘It and human rights,’’ says Lugar, the former to strike it down, filed by Bill Huizenga of sends a really disturbing message.’’ chairman of the Senate Foreign Relations Michigan in the House and Jim Inhofe of The planned vote is generating tension Committee, who now leads a center in his Oklahoma in the Senate. If the GOP can cob- among members of the anti-corruption advi- name focusing on global issues. ‘‘It’s hard to ble together a majority for the resolution in sory committee on which Exxon, Chevron believe this would be such a high priority the Senate, Democrats can spend five hours and API sit. The panel, made up of represent- right now.’’ of floor time delaying it, but they can’t stop atives from government, industry and civil The so-called resource extraction rule is it. And nobody seems to think that Trump, society, publishes an annual report detailing not one of President Barack Obama’s most who had lunch with Tillerson Wednesday, U.S. government revenues from the oil, nat- prominent legacies, but one reason getting would veto it, regardless of his fiery rhetoric ural gas and mining industries, as well as rid of it is such a high Republican priority is about taking on special interests. The White voluntarily reported payments made to the that it’s one of his most vulnerable legacies. House did not respond to a request for com- U.S. government from companies in those That’s because it was only finalized last ment. sectors. June; two weeks too late to avoid scrutiny Most of Obama’s most important regula- Civil society members of the committee under the Congressional Review Act, a law tions, like his Clean Power Plan to rein in say Exxon’s opposition to the SEC rule jeop- allowing Congress to strike down end-of- greenhouse-gas emissions or other Dodd- ardizes its standing on the panel. At a meet- term regulations with simple majorities. The Frank financial rules designed to rein in ing on Wednesday, members will discuss CRA has only been used once before, when Wall Street, were completed early enough to whether Exxon, Chevron and API should Congress erased a Clinton-era workplace avoid Congressional Review Act challenges. keep their seats at all. ergonomics rule in 2001. But now that the Trump and the Republicans will have to take ‘‘I really have to question whether it’s ap- Republicans have control of both houses of on protracted legislative and judicial fights propriate for companies like Exxon and Congress and the White House, they hope to to kill those rules. But there are plenty of Chevron and API to continue to sit around use the CRA to wipe out a variety of Obama less prominent late-term rules that Repub- this table,’’ said Zorka Milin, an attorney rules, starting Wednesday with this and an- licans can take on if they’re willing to de- with the anti-corruption group Global Wit- other measure opposed by extractive indus- vote the floor time, on issues ranging from ness, and a member of the advisory com- tries, a ‘‘stream protection’’ rule restricting paid sick days for federal contract workers mittee. discharges from mining operations. to energy efficiency for ceiling fans to car- Aside from anti-Obama politics, the other cinogenic beryllium in the workplace. [From POLITICO Magazine, Feb. 1, 2017] reason gutting the Section 1504 rule is a high In general, the rules that are most likely TILLERSON TRIED TO GET THIS RULE KILLED. priority for Republicans is that their sup- to face challenges are the rules that could NOW CONGRESS IS ABOUT TO DO IT FOR HIM porters in the oil industry really hate it. In cause problems for the best-connected Re- fact, oil interests successfully sued to block (By Michael Grunwald) publicans. And the kind of rules that inspire an earlier version of the rule, contributing to impassioned lobbying campaigns by the The leader of the world’s most valuable the delays that pushed the final rule past the CEOs of mega-corporations like Exxon Mobil company doesn’t typically fly to Washington Congressional Review Act deadline. seem unlikely to survive in the current to fight one obscure amendment to a 2,300- On Tuesday, American Petroleum Institute Washington environment. page bill, especially a motherhood-and-apple- president Jack Gerard sent a letter to House ‘‘It’s a tough political landscape,’’ says pie-style amendment designed to prevent leaders reiterating the industry’s long- Zorka Milin, a senior legal adviser for the and expose corruption abroad. But back in standing complaints that the rule would anti-corruption group Global Witness. ‘‘The 2010, ExxonMobil’s then-CEO, Rex Tillerson, damage the competitiveness of U.S. firms. issue of corruption ought to resonate with was deeply worried about Section 1504 of the He noted that America already has laws like both parties, but we know this won’t be easy Dodd-Frank Wall Street reforms, a bipar- the Foreign Corrupt Practices Act that spe- to stop.’’ tisan amendment that required drilling and cifically ban U.S. firms operating abroad mining companies to disclose any payments from making illicit payments, describing the [From the Washington Post, Feb. 1, 2017] they make to foreign governments. So additional rule as regulatory overkill. And ONE OF HOUSE GOP’S FIRST TARGETS FOR Tillerson and one of his lobbyists paid a half- he said the rule injected the Securities and REGULATORY ROLLBACK IS TOPS ON THE OIL hour visit to the amendment’s Republican Exchange Commission into a ‘‘social agenda INDUSTRY’S WISH LIST co-author, then-Sen. Richard Lugar, to try issue’’ that had little to do with its mission to get it killed. of policing fraud and protecting investors. (By Steven Mufson) Tillerson argued that forcing U.S. oil firms By striking it down, Gerard wrote, ‘‘Congress One of the House Republicans’ first targets to reveal corporate secrets—such as paying can reclaim its authority, and in the process for regulatory rollback is torn from the oil foreign governments—would put them at a protect American companies, workers, and industry’s wish list: eliminating recent competitive disadvantage. He also explained investors.’’ Obama administration requirements that that the provision would make it especially Tillerson alluded to those competitiveness oil, gas and mining companies divulge more difficult for Exxon to do business in Russia, arguments in his written responses to Senate information about business payments they where, as he did not need to explain, the gov- questions about his confirmation, noting make to foreign governments. ernment takes a rather active interest in the that since the Section 1504 rule would impose A House resolution this week, which aims oil industry. But Lugar believed greater restrictions on U.S.-based companies, part of to scrap the transparency rule imposed by transparency could help alleviate the ‘‘re- his job as secretary of State would be to the Securities and Exchange Commission, is source curse’’ of corruption that plagues so make sure ‘‘foreign companies or investors one of the first measures that seeks to use many mineral-rich countries, so he told do not get an unfair advantage by cheating the Congressional Review Act to undo regu- Tillerson they would have to agree to dis- or keeping to a lower standard.’’ But groups lations adopted during the final months of agree. Section 1504 stayed in the bill, the bill that specialize in fighting global poverty and the Obama administration. became law, and the disclosure requirement corruption argue that those arguments make And it comes at a potentially awkward mo- became an international example: France, no sense now that foreign nations have ment for former ExxonMobil chief executive

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.027 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H857 Rex Tillerson, who opposed the SEC regula- for decades, wrecking developing economies Assange, and Stone predicted that tion and who is now awaiting confirmation and the environment in the process.’’ there would be additional leaked docu- for the position of secretary of State. She added that ‘‘this law helps prevent it ments, a prediction that came true The review act could be used to nullify reg- by making sure people can see how much ulations dating back to June last year, ex- money is changing hands for their resources, within weeks. perts on the law say. and who is really benefiting from those Let’s go to another person. Michael In this case, the SEC drafted the regula- deals.’’ Flynn, Trump’s National Security Ad- tion in response to directions in the Dodd- The House resolution was introduced by viser, did a paid series of events in Frank financial reform legislation. The di- Rep. Ken Buck (R–Col.). The House might Moscow, including a speech and appear- rective was in an amendment backed by Sen. take it up as early as Wednesday or later in ance at a party for RT, a Kremlin-fund- Ben Cardin (D–Md.) and then-Sen. Richard the week. ed TV station, where he was photo- Lugar (R–Ind.). ‘‘Information is power,’’ Ms. MAXINE WATERS of California. graphed sitting next to Vladimir Putin. Lugar said at the time. ‘‘It is power for Mr. Speaker, I am absolutely surprised shareholders and power for citizens living Trump’s nominee for Secretary of under oppressive regimes.’’ at how brazen our friends on the oppo- Commerce, Wilbur Ross, was a business The SEC says that it would ‘‘combat gov- site side of the aisle are. They come partner of Viktor Vekselberg, a Rus- ernment corruption through greater trans- here on this floor today with this rule sian oligarch and Putin ally, in a major parency and accountability.’’ that they would like to overturn. They financial project involving the Bank of But the SEC’s first version of the regula- have not been in committee. We have Cyprus. tion was struck down by a federal district not had any hearings. They have Finally, former ExxonMobil CEO Rex court in the District of Columbia after the moved very, very quickly to do exactly American Petroleum Institute and U.S. Tillerson, Trump’s nominee and now Chamber of Commerce filed suit in 2012. That what all of these articles are dis- the person who has been voted by the prompted a second attempt by the SEC. Be- cussing. They are concentrating on Senate for Secretary of State, signed a cause the final version was imposed near the how to roll back disclosure that the multibillion-dollar agreement with end of the Obama administration, it now SEC had developed a rule for for the oil Russia in 2011 on behalf of ExxonMobil falls within the time frame that permits industry. for an oil drilling project in the Arctic. Congress and the president to use the review And why are they trying to do this? The project was brought to a halt in act to undo the regulation. It is so interesting that this is hap- 2014 as a result of the sanctions that The oil industry has been particularly in- pening on the same day that Mr. censed about the regulation, complaining were imposed on Russia in response to that the SEC rule would put them at a com- Tillerson has just been voted on to be Russia’s aggression in Ukraine. petitive disadvantage to foreign firms and be the Secretary of State for the United Putin personally awarded Tillerson unduly expensive. States Government, the former CEO of the Order of Friendship in 2013. Don’t The SEC has argued that the rule would Exxon; and I am going to talk about forget, this President talked about lift- help fight corruption not only by companies that connection, which should cause a ing sanctions. Oh, you can see the con- but by governments around the world. It has lot of people to be concerned. nection here. also noted that global companies have begun This government is not about disclo- In addition to that, I just want to to provide, on a voluntary basis, more com- sure. First of all, the President of the prehensive disclosures. In December 2015, point out that it comes as little sur- then-commission member Luis A. Aguilar United States refuses to disclose his in- prise that ExxonMobil is one of the said that at least two large resource extrac- come tax returns. I didn’t expect them leading companies in the fight against tion companies were already providing pay- to support disclosure of the oil indus- the global initiative to enhance the ment disclosure on a project basis, and at try to avoid corruption. transparency of extractive industry least one other major resource extraction As a matter of fact, they have the au- payments made to foreign govern- company was voluntarily providing other dacity to come here today and say that ments, given its long history of engag- disclosures. it is too expensive to be honest. It ing in questionable transactions with ‘‘Other global companies are also begin- costs too much money to these huge ning to open their books to permit a window governments of oil-rich countries such into their resource extraction payments to billionaire oil companies to disclose, as Nigeria, Pakistan, Equatorial Guin- foreign governments,’’ he said. and somehow that is going to prevent ea, Angola, and Chad. But Jack Gerard, president of the Amer- them from creating jobs. That is non- The move to eviscerate the rule ican Petroleum Institute, said in an inter- sense. issued under section 1504 that we are view that big oil and gas companies compete I would like to just show some con- talking about here today makes clear with state-owned companies that do not nections here. that Republicans in Congress and the have disclosure requirements and that the Both during his campaign and since Trump administration believe that SEC rule would allow those companies to his election, Donald Trump has sur- win contracts after seeing what U.S. firms profits are more important than people pay. rounded himself with people who have and that fighting corruption is less im- ‘‘We think it’s a regulation that would extensive ties to Vladimir Putin and portant than enriching oil, gas, and have an unintended consequence of hurting the Russian Government, and then we mining companies. U.S. business’s ability to compete,’’ he said. are going to see the connection be- Without the SEC’s extractive indus- He said the SEC’s requirement that informa- tween Tillerson and the Russian Gov- try transparency rule, citizens around tion be provided on a project basis was par- ernment. First of all, let’s look at this the world will lose a critical tool for ticularly objectionable. circle of people around him and their He also cited the SEC’s own estimates of holding their governments and cor- the cost the regulation would impose on oil, connection to Russia. porations accountable for how natural gas and mining companies. Gerard said com- Paul Manafort, Trump’s former cam- resource proceeds are used. pliance would cost between $96 million and paign manager, was a paid lobbyist for Let’s talk about Nigeria. Just days $591 million annually for the entire industry. Viktor Yanukovych, the pro-Russian before the Securities and Exchange On an individual corporate basis, that would politician in Ukraine who fled to Rus- Commission issued its final rule pursu- work out to $225,000 to $1.4 million a year, sia in 2014 and was subjected to U.S. ant to section 1504 of the Dodd-Frank Gerard said. sanctions related to Russian aggression Act, Global Witness, a highly respected ExxonMobil spokesman William F. Hol- in Ukraine. Manafort has also been in- brook said ‘‘the SEC largely ignored indus- and good governance NGO, issued a re- try’s comments and published a notice of a volved in multimillion-dollar business port detailing how a major oil deal, as final rule that remains based on the [Euro- deals with Russian and Ukrainian I referred to earlier, struck by pean Union’s] model and likely will ad- oligarchs, which were reportedly the ExxonMobil with the Nigerian Govern- versely affect the ability of publicly traded subject of an FBI inquiry. ment, was being investigated by Nige- companies to compete globally.’’ The other person, Roger Stone, ria’s Economic and Financial Crimes Other groups disagree. ‘‘Rolling back this Trump’s longtime friend, is reportedly law will enable the corruption President Commission, an agency charged with under investigation for possible links uncovering high-level corruption. Trump told us all he would end,’’ said with Russia. He has denied ever vis- Corinna Gilfillan, head of the U.S. office of b 1615 Global Witness, an advocacy group that tar- iting Russia but admitted he had gets environmental and human rights worked in Ukraine. Stone announced in The investigation relates to a widely abuses. ‘‘The oil industry has been striking a speech last summer that he had spo- reported deal in which the Nigerian backroom deals with dictators and tyrants ken to WikiLeaks founder Julian Government in 2009 agreed to renew a

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.030 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H858 CONGRESSIONAL RECORD — HOUSE February 1, 2017 40 percent share of three oil licenses do next, deliver the mail? Will they be- King (IA) Newhouse Sessions King (NY) Noem Shimkus from Mobil Producing Nigeria, a whol- come our air traffic controllers? Kinzinger Nunes Shuster ly-owned subsidiary of ExxonMobil. Meanwhile, there are Ponzi schemes Knight Olson Simpson This is all about the billionaires. Just taking place in America. Meanwhile, Kustoff (TN) Palazzo Smith (MO) follow the dollars and you can see what we have markets that are not efficient Labrador Palmer Smith (NE) LaHood Paulsen Smith (TX) this is all about. creating the jobs that the American LaMalfa Pearce Smucker Little town, America, needs to know people demand. Lamborn Perry Stefanik that this is not about them. This is Let’s vote for jobs. Let’s vote to get Lance Peterson Stewart about these billionaires, and they will Latta Pittenger Stivers America back to work. Let’s vote down Lewis (MN) Poe (TX) Tenney go to any extent to continue to steal this leftist, elitist agenda declaring LoBiondo Poliquin Thompson (PA) from them. war on carbon-based jobs. Let’s vote Long Posey Thornberry Mr. Speaker, I yield back the balance for H.J. Res. 41. Loudermilk Ratcliffe Tiberi Love Reed Tipton of my time. Mr. Speaker, I yield back the balance Lucas Reichert Trott Mr. HENSARLING. Mr. Speaker, of my time. Luetkemeyer Renacci Turner may I inquire how much time I have The SPEAKER pro tempore. All time MacArthur Rice (SC) Upton Marchant Roby Valadao remaining? for debate has expired. The SPEAKER pro tempore (Mr. Marino Roe (TN) Vela Pursuant to House Resolution 71, the Marshall Rogers (AL) Wagner STEWART). The gentleman from Texas previous question is ordered. Massie Rogers (KY) Walberg Mast Rohrabacher Walden has 3 minutes remaining. The question is on the engrossment Mr. HENSARLING. Mr. Speaker, I McCarthy Rokita Walorski and third reading of the joint resolu- McCaul Rooney, Francis Walters, Mimi yield myself the balance of my time. tion. McClintock Rooney, Thomas Weber (TX) Mr. Speaker, I certainly hope that The joint resolution was ordered to McHenry J. Webster (FL) the American people are watching this McKinley Ros-Lehtinen Wenstrup debate because it will certainly con- be engrossed and read a third time, and McMorris Roskam Westerman Rodgers Ross Williams firm their decision to deny Democrats was read the third time. The SPEAKER pro tempore. The McSally Rothfus Wilson (SC) control of the House, to deny them Meadows Rouzer Wittman control of the Senate, and to deny question is on the passage of the joint Meehan Russell Womack them control of the White House. resolution. Messer Rutherford Woodall The question was taken; and the Mitchell Sanford Yoder Now, Mr. Speaker, their words may Moolenaar Scalise Yoho claim they care about jobs, but their Speaker pro tempore announced that Mooney (WV) Schweikert Young (AK) policies don’t. That is what we are here the ayes appeared to have it. Mullin Scott, Austin Young (IA) Murphy (PA) Sensenbrenner Zeldin to talk about, Mr. Speaker, is jobs, and Ms. MAXINE WATERS of California. we are talking about a rule promul- Mr. Speaker, on that I demand the yeas NAYS—187 and nays. gated by the Securities and Exchange Adams Espaillat Maloney, Sean Commission that can cost $591 million The yeas and nays were ordered. Aguilar Esty Matsui a year and can cost us 10,000 jobs. The SPEAKER pro tempore. Pursu- Barraga´ n Evans McCollum My friends on the other side of the ant to clause 8 of rule XX, this 15- Bass Fitzpatrick McEachin Beatty Foster McGovern aisle have been clearly tone deaf to the minute vote on passage of H.J. Res. 41 Bera Frankel (FL) McNerney pleas of the American people. They will be followed by 5-minute votes on Beyer Fudge Meng want to go back to work. They are passage of H.J. Res. 38, and agreeing to Bishop (GA) Gabbard Moore the Speaker’s approval of the Journal, Blumenauer Gallego Moulton tired of part-time jobs. They are tired Blunt Rochester Garamendi Murphy (FL) of stagnant paychecks. They are tired if ordered. Bonamici Gottheimer Nadler of decimated savings. That is why they The vote was taken by electronic de- Boyle, Brendan Green, Al Napolitano have turned to the Republican Party, vice, and there were—yeas 235, nays F. Grijalva Neal Brady (PA) Gutie´rrez Nolan and that is why we are going to help 187, not voting 10, as follows: Brown (MD) Hanabusa Norcross give them a healthy economy with [Roll No. 72] Brownley (CA) Hastings O’Halleran policies, including rolling back this Bustos Heck O’Rourke YEAS—235 Butterfield Higgins (NY) Pallone foolish rule from the Securities and Ex- Abraham Cole Gohmert Capuano Himes Panetta change Commission, a rule that in a Aderholt Collins (GA) Gonzalez (TX) Carbajal Hoyer Pascrell previous iteration has already been Allen Collins (NY) Goodlatte Ca´ rdenas Huffman Payne struck down by courts. Amash Comer Gosar Carson (IN) Jackson Lee Pelosi Amodei Comstock Gowdy Castor (FL) Jayapal Perlmutter Now, you listen to the other side of Arrington Conaway Granger Castro (TX) Jeffries Peters the aisle, Mr. Speaker, and you hear all Babin Cook Graves (GA) Chu, Judy Johnson (GA) Pingree this talk about corruption. It appears Bacon Costello (PA) Graves (LA) Cicilline Johnson, E. B. Pocan that some of my friends on the other Banks (IN) Cramer Graves (MO) Clarke (NY) Jones Polis Barletta Crawford Green, Gene Clay Kaptur Price (NC) side of the aisle are ignorant that the Barr Cuellar Griffith Cleaver Keating Quigley Foreign Corrupt Practices Act is al- Barton Culberson Grothman Clyburn Kelly (IL) Raskin ready in the Federal code. For those Bergman Curbelo (FL) Guthrie Cohen Kennedy Rice (NY) Biggs Davidson Harper Connolly Khanna Richmond who do not know, I have done the Bilirakis Davis, Rodney Harris Conyers Kihuen Rosen homework for you: 15 U.S.C. 78dd-1. Bishop (MI) Denham Hartzler Cooper Kilmer Roybal-Allard Look it up yourself. Bishop (UT) Dent Hensarling Correa Kind Royce (CA) So, Mr. Speaker, this has nothing to Black DeSantis Herrera Beutler Costa Krishnamoorthi Ruiz Blackburn DesJarlais Hice, Jody B. Courtney Kuster (NH) Ruppersberger do with corruption. Rarely has more of Blum Diaz-Balart Higgins (LA) Crist Langevin Ryan (OH) a red herring come across the House Bost Donovan Hill Crowley Larsen (WA) Sa´ nchez floor. Let me tell you what this is real- Brady (TX) Duffy Holding Cummings Larson (CT) Sarbanes Brat Duncan (SC) Hollingsworth Davis (CA) Lawrence Schakowsky ly about, Mr. Speaker. It is about a Bridenstine Duncan (TN) Hudson Davis, Danny Lawson (FL) Schiff radical, leftist, and elitist agenda that Brooks (AL) Dunn Huizenga DeFazio Lee Schneider promotes narrow special interests and Brooks (IN) Emmer Hultgren DeGette Levin Schrader has declared war on carbon-based in- Buchanan Farenthold Hunter Delaney Lewis (GA) Scott (VA) Buck Faso Hurd DeLauro Lieu, Ted Scott, David dustry and energy and the industry and Bucshon Ferguson Issa DelBene Lipinski Serrano jobs that are represented by it. That is Budd Fleischmann Jenkins (KS) Demings Loebsack Sewell (AL) what this is really about. Burgess Flores Jenkins (WV) DeSaulnier Lofgren Shea-Porter Byrne Fortenberry Johnson (LA) Deutch Lowenthal Sherman By the way, why is the Securities and Calvert Foxx Johnson (OH) Dingell Lowey Sinema Exchange Commission involved in this? Carter (GA) Franks (AZ) Johnson, Sam Doggett Lujan Grisham, Sires Why isn’t this—listening to them—part Carter (TX) Frelinghuysen Jordan Doyle, Michael M. Slaughter of the Homeland Security Department Chabot Gaetz Joyce (OH) F. Luja´ n, Ben Ray Smith (NJ) Chaffetz Gallagher Katko Ellison Lynch Smith (WA) or maybe part of the Department of Cheney Garrett Kelly (MS) Engel Maloney, Soto Defense? What will they have the SEC Coffman Gibbs Kelly (PA) Eshoo Carolyn B. Speier

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.061 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H859 Suozzi Torres Wasserman Kelly (MS) Murphy (PA) Shimkus Smith (NJ) Titus Walz Swalwell (CA) Tsongas Schultz Kelly (PA) Newhouse Shuster Smith (WA) Tonko Wasserman Takano Vargas Waters, Maxine King (IA) Noem Simpson Soto Torres Schultz Thompson (CA) Veasey Watson Coleman King (NY) Nunes Smith (MO) Speier Tsongas Waters, Maxine Thompson (MS) Vela´ zquez Welch Kinzinger Olson Smith (NE) Suozzi Vargas Watson Coleman Titus Visclosky Wilson (FL) Knight Palazzo Smith (TX) Swalwell (CA) Veasey Welch Tonko Walz Yarmuth Kustoff (TN) Palmer Smucker Takano Vela Wilson (FL) Labrador Paulsen Thompson (CA) Vela´ zquez NOT VOTING—10 Stefanik Yarmuth LaHood Pearce Stewart Thompson (MS) Visclosky Cartwright Mulvaney Walker LaMalfa Perry Stivers NOT VOTING—10 Clark (MA) Price, Tom (GA) Zinke Lamborn Peterson Tenney Kildee Rush Lance Pittenger Thompson (PA) Clark (MA) Mulvaney Walker Meeks Taylor Latta Poe (TX) Thornberry Kildee Price, Tom (GA) Zinke Lewis (MN) Posey Tiberi Meeks Rush b 1643 Long Ratcliffe Tipton Messer Taylor Loudermilk Reed Trott Mr. GALLEGO and Ms. ESHOO ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Love Renacci Turner Lucas Rice (SC) changed their vote from ‘‘yea’’ to Upton The SPEAKER pro tempore (during Luetkemeyer Roby ‘‘nay.’’ Valadao the vote). There are 2 minutes remain- MacArthur Roe (TN) Wagner Messrs. GONZALEZ of Texas, VELA, Marchant Rogers (AL) ing. Walberg JOYCE of Ohio, and SANFORD Marino Rogers (KY) Walden changed their vote from ‘‘nay’’ to Marshall Rohrabacher b 1650 Massie Rokita Walorski ‘‘yea.’’ Mast Rooney, Francis Walters, Mimi So the joint resolution was passed. So the joint resolution was passed. McCarthy Rooney, Thomas Weber (TX) The result of the vote was announced The result of the vote was announced McCaul J. Webster (FL) Wenstrup as above recorded. as above recorded. McClintock Roskam McHenry Ross Westerman A motion to reconsider was laid on A motion to reconsider was laid on McKinley Rothfus Williams the table. the table. McMorris Rouzer Wilson (SC) Rodgers Royce (CA) Wittman f f McSally Russell Womack Meadows Rutherford Woodall THE JOURNAL DISAPPROVING A RULE SUB- Meehan Scalise Yoder MITTED BY THE DEPARTMENT Mitchell Schweikert Yoho The SPEAKER pro tempore. The un- OF THE INTERIOR Moolenaar Scott, Austin Young (AK) finished business is the question on Mooney (WV) Sensenbrenner Young (IA) The SPEAKER pro tempore. The un- Mullin Sessions Zeldin agreeing to the Speaker’s approval of finished business is the vote on passage the Journal, which the Chair will put of the joint resolution (H.J. Res. 38) NAYS—194 de novo. disapproving the rule submitted by the Adams Esty Maloney, The question is on the Speaker’s ap- Department of the Interior known as Aguilar Evans Carolyn B. proval of the Journal. Barraga´ n Fitzpatrick Maloney, Sean Pursuant to clause 1, rule I, the Jour- the Stream Protection Rule, on which Bass Foster Matsui the yeas and nays were ordered. Beatty Frankel (FL) McCollum nal stands approved. The Clerk read the title of the joint Bera Fudge McEachin Beyer McGovern f resolution. Gabbard Blumenauer Gallego McNerney The SPEAKER pro tempore. The Blunt Rochester Garamendi Meng MOMENT OF SILENCE HONORING question is on the passage of the joint Bonamici Gonzalez (TX) Moore VICTIMS OF QUEBEC TERRORIST Boyle, Brendan Gottheimer Moulton resolution. F. Murphy (FL) ATTACK This is a 5-minute vote. Green, Al Brady (PA) Green, Gene Nadler (Mrs. WATSON COLEMAN asked and The vote was taken by electronic de- Brown (MD) Grijalva Napolitano was given permission to address the vice, and there were—yeas 228, nays Brownley (CA) Gutie´rrez Neal Bustos Nolan House for 1 minute.) Hanabusa 194, not voting 10, as follows: Butterfield Norcross Hastings Mrs. WATSON COLEMAN. Mr. Capuano O’Halleran [Roll No. 73] Heck Speaker, I thank my colleagues for Carbajal O’Rourke Herrera Beutler YEAS—228 Ca´ rdenas Pallone joining me tonight to stand in soli- Higgins (NY) Abraham Cheney Gallagher Carson (IN) Panetta Himes darity with our neighbors in Canada, Aderholt Coffman Garrett Cartwright Pascrell Hoyer and honor the victims of the January Allen Cole Gibbs Castor (FL) Payne Huffman Amash Collins (GA) Gohmert Castro (TX) Pelosi 29 terrorist attack at the Quebec Is- Jackson Lee Amodei Collins (NY) Goodlatte Chu, Judy Perlmutter lamic Cultural Center in Quebec City. Jayapal Arrington Comer Gosar Cicilline Peters Jeffries A house of worship is a place of ref- Babin Comstock Gowdy Clarke (NY) Pingree uge, peace, and reflection, but for the 6 Bacon Conaway Granger Clay Johnson (GA) Pocan Banks (IN) Cook Graves (GA) Cleaver Johnson, E. B. Poliquin people killed, the 19 wounded, and the Barletta Costa Graves (LA) Clyburn Kaptur Polis entire community, that hallowed Keating Barr Costello (PA) Graves (MO) Cohen Price (NC) ground is now tainted—yet, shall al- Barton Cramer Griffith Connolly Kelly (IL) Quigley Bergman Crawford Grothman Conyers Kennedy Raskin ways remain covered in love. Biggs Cuellar Guthrie Cooper Khanna Reichert Let our presence here serve as a re- Bilirakis Culberson Harper Correa Kihuen Rice (NY) minder that we will stand up against Kilmer Bishop (GA) Davidson Harris Courtney Richmond bigotry and hatred wherever it takes Bishop (MI) Davis, Rodney Hartzler Crist Kind Ros-Lehtinen Bishop (UT) Denham Hensarling Crowley Krishnamoorthi Rosen place. Black Dent Hice, Jody B. Cummings Kuster (NH) Roybal-Allard I now ask my colleagues to bow their Blackburn DeSantis Higgins (LA) Curbelo (FL) Langevin Ruiz heads and join us for a moment of si- Blum DesJarlais Hill Davis (CA) Larsen (WA) Ruppersberger Bost Diaz-Balart Holding Davis, Danny Larson (CT) Ryan (OH) lence. Brady (TX) Donovan Hollingsworth DeFazio Lawrence Sa´ nchez Brat Duffy Hudson DeGette Lawson (FL) Sanford f Bridenstine Duncan (SC) Huizenga Delaney Lee Sarbanes Brooks (AL) Duncan (TN) Hultgren DeLauro Levin Schakowsky REMOVAL OF NAME OF MEMBER Brooks (IN) Dunn Hunter DelBene Lewis (GA) Schiff AS COSPONSOR OF H.R. 611 Buchanan Emmer Hurd Demings Lieu, Ted Schneider Buck Farenthold Issa DeSaulnier Lipinski Schrader Mr. LAMBORN. Mr. Speaker, I ask Bucshon Faso Jenkins (KS) Deutch LoBiondo Scott (VA) unanimous consent that Representa- Budd Ferguson Jenkins (WV) Dingell Loebsack Scott, David Burgess Fleischmann Johnson (LA) Doggett Lofgren Serrano tive HIMES be removed as a cosponsor Byrne Flores Johnson (OH) Doyle, Michael Lowenthal Sewell (AL) of H.R. 611. Calvert Fortenberry Johnson, Sam F. Lowey Shea-Porter The SPEAKER pro tempore. Is there Carter (GA) Foxx Jones Ellison Lujan Grisham, Sherman objection to the request of the gen- Carter (TX) Franks (AZ) Jordan Engel M. Sinema Chabot Frelinghuysen Joyce (OH) Eshoo Luja´ n, Ben Ray Sires tleman from Colorado? Chaffetz Gaetz Katko Espaillat Lynch Slaughter There was no objection.

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.013 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H860 CONGRESSIONAL RECORD — HOUSE February 1, 2017 AMERICA DOES NOT NEED THE Mr. POE of Texas. Madam Speaker, and the executive branch are on the STREAM PROTECTION RULE as the United States is gearing up for same page. We must get the govern- (Mr. CRAMER asked and was given the Super Bowl in Houston, unfortu- ment out of the way. permission to address the House for 1 nately, so are many human sex traf- Last week, I joined my colleagues on minute.) fickers. the One In, One Out Act, which re- Mr. CRAMER. Madam Speaker, Just a few days ago, a 21-year-old quires Federal agencies to repeal or re- North Dakota does not need the stream trafficking victim with mental special vise a rule before they can issue a new protection rule and neither does the needs was rescued in Houston. The one, and any new rule must be of equal Nation. By passing this resolution young girl was kidnapped off the or lesser cost to Americans. today disapproving the Office of Sur- streets of Ohio by a dastardly traf- And in true Trump fashion this week, face Mining edict, we are responding to ficker. He put her in his car and told the President announced his own the cries of the American people who her: Now you work for me. She was version, the one in, two out executive are tired of nationwide job-killing reg- brought to Houston specifically to be order. ulations from Washington. trafficked at the Houston Super Bowl. These measures are commonsense at Madam Speaker, the Obama adminis- However, the woman’s mental disabil- their core. To begin growing our econ- tration took nearly an entire term and ities and seizures became too much for omy and creating jobs, we have got to over 10 million taxpayer dollars devel- the moral-less trafficker, so he dropped reduce the size and scope of the Federal oping this job killer designed to pre- the victim off downtown Houston Government and tackle the mountain vent billions of dollars of coal reserves where she later was sexually assaulted of red tape surrounding our Nation’s from ever being developed with abso- by a local criminal. job creators. Americans are ready for lutely no environmental benefit. A Good Samaritan rescued the girl growth and innovation, and, for the Today’s action prevents further de- and brought her to the hospital. As ex- first time in a long time, the President struction of jobs and low-cost energy ploiters and buyers roam the streets is on our side. for the American people. looking for prey in Houston, they f I urge the Senate to swiftly send this should know that Mayor Turner, the resolution to the President’s desk. SCALING BACK BURDENSOME REG- Department of Homeland Security, and ULATIONS IMPLEMENTED BY f local law enforcement are prepared to THE OBAMA ADMINISTRATION b 1700 jail traffickers and rescue victims. (Mr. LAMALFA asked and was given ATTORNEY GENERAL NOMINEE No trafficking. Not in our town. We permission to address the House for 1 will protect victims and prosecute the (Ms. JACKSON LEE asked and was minute and to revise and extend his re- slave trafficking deviants and buyers. marks.) given permission to address the House And that is just the way it is. for 1 minute.) Mr. LAMALFA. Madam Speaker, this Ms. JACKSON LEE. Madam Speaker, f week, House Republicans have under- first of all, I would like to acknowledge GET AMERICA MOVING BY taken the effort to scale back some of the fallen Navy SEAL officer in Yemen INFRASTRUCTURE INVESTMENT the burdensome regulations imple- and offer my concern to his family. I mented by the previous administra- (Mr. DEFAZIO asked and was given tion. will rise tomorrow to continue my permission to address the House for 1 questioning on that, but today I want- The use of so-called midnight rules to minute.) slip in regulations at the last minute ed to make sure that I prayerfully ac- Mr. DEFAZIO. Madam Speaker, the knowledged the sacrifice he made for and without congressional approval clock is ticking. Not that clock, but was a favorite tool of the last Presi- this Nation. the new clock that I put up on the I rise today because we are one step dent. Many of these regulations would Democratic side of the Transportation further for the nominee for the Attor- negatively impact, and have, American and Infrastructure Committee, which ney General of the United States of people by destroying their jobs, is the cost of congestion clock. America. And I join my colleagues in hamstringing our economy, often for The President has proposed $1 tril- the Senate, the other body, who raised no good reason. lion investment in infrastructure. He concern of not being able to inquire of That is why, at the very start of the went to the Republican Conference last Mr. SESSIONS what his position would 115th Congress, we passed the Midnight week and said: Fix it first, and we want be on what has been determined by five Rules Relief Act, which utilizes the it in the first 100 days. I am with him courts, at least, of the unconstitution- Congressional Review Act, to allow ality of the executive order. It is a ban on that, we should do that, and I have Congress to review multiple midnight on Muslims, it is a violation of the proposals to actually fund a way to get rules en bloc. First Amendment, equal protection of there. Not to $1 trillion, but a good Additionally, we now have the unique the law, and due process—First Amend- part of the way. opportunity to utilize the CRA, Con- ment being freedom of religion. So this clock indicates, from the day gressional Review Act, and express our Therefore, we now have an Attorney he was sworn in, noon a week ago Fri- disapproval for some of these harmful, General making the first step, Mr. SES- day to today, the cost of congestion for burdensome regulations that hurt jobs SIONS, where we do not know whether American commerce, the movement of and stunt the economy, in order to pro- you will be able to embrace the laws goods, and the American people. It is tect the American people from these that protect the most vulnerable $438 million per day. harmful effects. women, children, the civil rights of So the clock is ticking. Let’s get The regulatory state has been rapidly many, and the voting rights of many, America moving again, and let’s invest expanding in recent years for too long, and, frankly, I believe those questions in our infrastructure. and I am happy to see that Congress is should be answered. f taking action to reverse this destruc- tive behavior. I conclude by saying, when you ques- UNITED IN REINING IN tioned Deputy Attorney General Yates, REGULATIONS f she was able to say that she would U.S.-MEXICO RELATIONSHIP stand as an independent, objective per- (Mr. ALLEN asked and was given son Attorney General having oversight permission to address the House for 1 The SPEAKER pro tempore (Ms. over the White House. Will you be able minute and to revise and extend his re- TENNEY). Under the Speaker’s an- to do the same? marks.) nounced policy of January 3, 2017, the Mr. ALLEN. Madam Speaker, for the gentleman from Texas (Mr. O’ROURKE) f last 8 years, Americans have felt the is recognized for 60 minutes as the des- TRAFFICKING AT THE SUPER burden of excessive and intense regu- ignee of the minority leader. BOWL—NOT IN OUR TOWN latory overreach having to comply GENERAL LEAVE (Mr. POE of Texas asked and was with time-consuming rules and regula- Mr. O’ROURKE. Madam Speaker, I given permission to address the House tions. But that ends now. For the first ask unanimous consent that all Mem- for 1 minute.) time in 8 years, the legislative branch bers have 5 legislative days to revise

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.066 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H861 and extend their remarks and include the Border Patrol in these last 15 years portant solemn obligation, which is the extraneous material on the subject of from just a little under 10,000 agents to safety and security of this country and my Special Order. over 20,000 agents on the U.S.-Mexico every American within it. The SPEAKER pro tempore. Is there border and some on the U.S.-Canada Madam Speaker, I am very fortunate objection to the request of the gen- border. today to be joined by some outstanding tleman from Texas? There has never been a terrorist, a colleagues. One whom I would like to There was no objection. terrorist organization, a terrorist plot, introduce from the great State of New Mr. O’ROURKE. Madam Speaker, or a terrorist act connected to our bor- York is a new colleague, he himself an with the President’s recent announce- der with Mexico. There has been with immigrant to this country. He rep- ment that through an executive action our northern border with Canada. resents tens of thousands of immi- he would commit resources and na- There has been connected to our inter- grants in his Congressional District, tional attention and focus on building national airports. There have been has already, from day one, become a a wall with our neighbor to the south— homegrown radical terrorists. There leader on this issue, introducing legis- Mexico—and given some of the rhetoric has never been a case of terrorism con- lation that provides a more rational, that we have heard over the last year nected with our border with Mexico. humane, smarter approach to some of in the Presidential campaigns about But just in case, and we should re- these issues that have been blown out rapists and criminals coming from the main vigilant, just in case, we have got of proportion, politicized, mytholo- country of Mexico, one might be con- those 20,000 Border Patrol agents, we gized, and from that steering the coun- fused, at best, or, at worst, believe that have got thousands of Customs and try in the wrong direction. Here is we have some kind of crisis on our bor- Border Protection officers, we have 600 somebody who wants to get us back on der with Mexico, some kind of crisis in miles of fencing and physical obstruc- track. our relationship with our closest neigh- tions already on our border with Mex- Madam Speaker, I yield to the gen- bor, a country that has done more to ico, we have aerostat blimps, we have tleman from New York (Mr. benefit the United States than any drones flying overhead, we have a con- ESPAILLAT). other country I can imagine, a country centration of Federal law enforce- that is the number one trading partner ment—DEA, FBI, among others—in- b 1715 of the State of Texas, the third largest cluding one of the largest military in- Mr. ESPAILLAT. I thank the gen- trading partner of the United States, stallations anywhere in the world— tleman from Texas. our partner on security, on economic Fort Bliss in El Paso, Texas, with 32,000 Madam Speaker, back in 1987, then- development and growth, and on other Active Duty servicemembers. We have President Ronald Reagan issued one of important hemispheric issues. the security resources already that we his most famous speeches—‘‘tear down It is important today that we take need. this wall’’—as he addressed then-Soviet this opportunity to ensure that our I also think it is important to men- leader Mikhail Gorbachev to insist colleagues in the House have the facts. tion that El Paso, Texas, which is con- that he open the barrier dividing East And it is with those facts that we can joined with Ciudad Juarez in Mexico and West Berlin. It was, perhaps, one of make better decisions, informed judg- and forms what I think is the largest the most exciting times as we watched ments, and a policy that is truly going true binational community in the to see, finally, if the Cold War would to benefit not just the U.S.-Mexico bor- world, certainly the largest on the end. It was a moment of hope and der, not just border States like Texas, U.S.-Mexico border, El Paso, Texas, is strength and character that propelled New Mexico, Arizona, and California, not just the safest city on the U.S.- our country to a higher regard and but the entire United States. Here are Mexico border, it is not just the safest standard of our identity throughout some facts that I would like to start city in the State of Texas, it is the the global community. with, and then I want to ensure that safest city in the United States. And it Today, in stark contrast to that fa- some of my colleagues who can bring is not an outlier. If you look at other mous speech given by President Ronald their wisdom and experience and per- U.S. border cities, like San Diego, Cali- Reagan, President Trump orders the spective to this are able to do so. fornia, you will find that they are construction of a $25 billion wall that The first fact that we should know is among the safest in the United States. divides communities, separates fami- that we have record low levels of In fact, there is a positive correlation lies, and perpetuates fear and hate. It northbound migration from Mexico. In with the number of migrants and im- sets a dangerous precedent and fails to fact, more Mexican nationals today are migrants, documented and otherwise, elevate our country and confidence going south into Mexico than are com- in a community and that community’s abroad the way it was back when Presi- ing north into the United States. We relative safety. The U.S. side of the dent Reagan gave that famous speech. have less than zero migration from U.S.-Mexico border is far safer than the The economic ramifications will be Mexico. Total northbound apprehen- average American city deeper into the devastating to the entire country, sions of any people from any country interior. These are some of the facts going as far north as New York City, coming across our southern border are that we need to have at our command because it is $25 billion or more that also at historic lows. And if there are as we are developing policy, as we are will be spent on building this wall that any surges in people or populations judging the President’s recent execu- could otherwise go to other meri- coming across that border, it happens tive actions, and as we are thinking torious projects. to be young children and families flee- about how best to secure this country. These executive actions also secure ing horrific, historic violence in the Here is another fact that we need to what I call insecure communities, not northern triangle of Central America. keep in mind. If we are committing re- Secure Communities—a program that And those little kids, they are not try- sources where they are not needed, strains relationships between law en- ing to evade detection, they are not where, for example, we don’t have ter- forcement and communities along the trying to climb fences, they are not rorism, where we don’t have a problem border and throughout that region of trying to escape the Border Patrol. with immigration, where we don’t have our country. They are, in fact, turning themselves an issue with security, then by defini- We live in a global society and are in, and presenting themselves to Bor- tion we are taking those resources connected with countries and citizens der Patrol agents and to Customs and from where they could be best used, from around the world. To build this Border Protection officers at our ports where we have known risks and wall not only separates the United of entry. threats, where we have real problems States from our bordering country— We should also note that we are ex- against which we must contend, where our neighbor, Mexico, which is one of pending record amounts of U.S. tax- we are not keeping Americans as safe our biggest trading partners—but the payer resources to secure the border— as they could be because we are direct- wall itself sends a strong message to $19 billion a year this year, last year, ing resources where they don’t need to citizens around the world that they are and the years going forward—only to be, this is something that we need to not welcome here in America. The increase with these executive orders. know, I think, as we make policy for President’s wall and his anti-immi- We have more than doubled the size of this country, as we fulfill our most im- grant agenda is a continuation of the

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.068 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H862 CONGRESSIONAL RECORD — HOUSE February 1, 2017 irrational and hateful rhetoric we have real pragmatic solutions and issues cover all of the investment we would witnessed from him before, and it around the border. I was joined by need at our ports around the country stands contrary to who we are as Jerry Sanders, who San Diegans well for the next decade. We are going to Americans and to what we believe as a know as the former mayor. He is also spend it on a wall. nation. the former police chief of San Diego $15 billion is also three times as I am proud to introduce one of my and is now the current president of the much money as the Federal Govern- first bills in Congress, called This is San Diego Regional Chamber of Com- ment spends to help the homeless every Our Land, which is legislation that will merce. During that hearing, Mayor year. For the cost of this wall, we prohibit this divisive wall from being Sanders said that an efficient border is could build the Navy the 11th aircraft erected on public lands. This is a time a safe border, and he knows something carrier that it needs. For 60 times when we should be investing in our in- about safety from his time as a police less—or 1–60th—we could finish the frastructure—in roads, bridges, tun- chief. We also know that 99 percent of modernization of the Otay Mesa border nels, airports, schools, housing—and what gets screened at border crossings crossing, which is the third busiest also respecting our public lands. Build- is safe and that there is no need to commercial port of entry along our ing President Trump’s wall would worry about its coming into the coun- southern border and which facilitates trample on our public lands and poten- try. What we need is to get more effi- $35 billion in trade every year. tially put precious endangered species cient at approving the 99 percent of What are we doing here? Unlike President Trump’s wall, this at risk and likely disrupt or destroy safe cargo and travelers and better at investment will support long-term job environmentally important ecosystems stopping the 1 percent that we don’t creation and increase revenues and is a and habitats. It would also deplete pre- want to come in. cious resources from our cities. We One of the big challenges that we much more responsible way to spend should be building a wall around faced when I first came to Congress American taxpayer dollars. Let’s be Trump to stop these irrational execu- was in border delays. We saw that clear. American taxpayers are going to foot the bill for this wall, not Mexico. tive orders—instead of this ludicrous delays at the border crossing were cost- It is the leader of the Senate and $25 billion wall between our closest ing us, at that point, $7.2 billion of eco- Speaker RYAN who have committed ally. nomic activity in our county and 35,000 they are going to spend $15 billion on Mr. O’ROURKE. I thank the gen- jobs annually—numbers so big that this wall. That is American taxpayers. tleman from New York for his com- they are almost unbelievable, but those ments—again, bringing his experience That is not Mexico. numbers came from independent as- Instead of trying to turn his cam- to bear and, right from the beginning, sessments. paign rhetoric into policy, we would introducing legislation, not just criti- One of the great successes I have had prefer that President Trump listen to cizing or complaining, but offering an in Congress, in working with my col- those who understand what business is leagues within our congressional dele- alternative. It reminds us that, if we like at the border, to those who under- gation, is to have worked together to are to spend $20 billion on building stand that border cities are safe, like something in this country—which is secure more than $500 million to finish El Paso, like San Diego, and that the the upward cost of what President the expansion and the improvements at border is an opportunity for America, Trump’s proposal would take from the the San Ysidro border crossing. We did not a threat. We don’t need a wall. We American taxpayer—there are roads; that in working with Democrats JUAN need to hire more Customs officers. We there are bridges; there are tunnels. VARGAS and SUSAN DAVIS and with Re- need newer screening technologies. We There are legitimate infrastructure publicans DUNCAN HUNTER and DAR- need to modernize and expand our in- needs on which we could spend that RELL ISSA because we all understood frastructure at other border crossings money that would put people to work, how important the United States-Mex- like we are already doing at San and it would be money much better ico border is to our regional economy. Ysidro. That is how you would create spent. By investing in infrastructure and in- jobs in America. That is how you would Madam Speaker, I yield to the gen- novation in San Diego, Tijuana, and keep us safe. tleman from California (Mr. PETERS), across the border, we are keeping I thank my friend BETO O’ROURKE for someone who represents a part of the Americans safe and supporting the ex- his leadership and for his hosting this border that really demonstrates what port of goods made in America by conversation today. I look forward to is beautiful about the United States- American workers. In San Diego and in working with the gentleman in divert- Mexico relationship in San Diego and other communities, we are embracing ing this money from this silly pro- Tijuana. He is a fierce advocate for our this forward-looking approach of op- posal—this dangerous proposal—to the shared economic development and portunity and job creation. kinds of things and investments that growth, for the jobs that are connected Now President Trump wants to put our country needs from Texas to Cali- to that, and for everything that is us in reverse by building a wall, which fornia. beautiful about the U.S.-Mexico border. we have assessed at $15 billion. I mean, Mr. O’ROURKE. I thank the gen- Mr. PETERS. I thank Mr. O’ROURKE I have heard estimates of its being tleman from California for sharing his for putting together this Special Order from $18 billion to $20 billion. By any community’s perspective and for re- to talk about what is really an impor- count, it is a waste of money. Let’s minding us that, when it comes to tant issue and, with all of the things say, for purposes of argument, it is $15 Mexico and our shared connection with going on, something that has even got billion. It took Congress more than a Mexico—the U.S.-Mexico border—we a little bit lost. year to approve $170 million to help have much more to look forward to Madam Speaker, for the region that I Flint, Michigan, recover from a crisis than we do to fear. represent in San Diego, the border is that has poisoned children and left an In fact, in the State of California, an economic engine—it is a job creator. entire city without clean water—$170 there are hundreds of thousands of jobs Home to the Otay Mesa, San Ysidro, million compared to $15 billion for a that depend on U.S.-Mexico trade. In and Tecate ports of entry, San Diego- wall that nobody needs. We are talking the State of Texas, it is just under a Baja is the busiest border crossing in about spending 100 times the money for half a million. In fact, every single the world. From life sciences to elec- Flint to build a wall that will do noth- State in the Union, including Alaska, tronics, San Diego is an attractive ing to make us more secure, to make has tens—if not hundreds—of thou- place to start a business and to manu- our children safer, or to make us more sands of jobs that depend on the flow of facture goods, in part, because of our prosperous. U.S.-Mexico trade, which happens at proximity to border crossings and $15 billion is exactly how much the our ports of entry and comes through international trade. American Society of Civil Engineers at our border. There are 6 million jobs Last month, Mr. O’ROURKE and other says we will need to fill the funding in this country, which represent hun- members of the Congressional Border gap for infrastructure needs at all of dreds of millions of dollars in salaries Caucus and I held a hearing with local our Nation’s ports for the next decade. and economic growth and add-on ef- leaders from chambers of commerce So, if you took the money you were fects, that are dependent on U.S.-Mex- from around our districts to discuss going to spend on this wall, you could ico trade. When we begin to prioritize

VerDate Sep 11 2014 02:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.070 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H863 our separation, in sealing Mexico off amounts, if we are using new tech- every Democrat, every person who from the United States literally phys- nologies, like drones, to patrol the bor- doesn’t feel affiliation to a party—to ically, we deprioritize those connec- der, if we have 20,000 Border Patrol stand together behind and with the tions that make us stronger, that grow agents, which is also a record high, facts, with the truth, with this coun- our economy, and that create more why is there so much concern, why is try’s best interests in mind. I am con- jobs in the United States. there so much interest, why is there so fident that if we do that, if we will sim- One thing that we should know, as much anxiety, why is there so much ply look at what is happening today, long as we are talking about sharing fear built up around the border? what has happened historically with facts and confronting some of these un- b 1730 that country, where our interests lie, fortunate, untrue myths about the bor- we will make better policy. We will not I will tell you, this is a long time in der, is that, when we export to Mexico, be constructing walls between the two coming. And when we say that there of course, we win—we are building countries. things in our factories; we are sending are real issues with where these border We will, at some point—hopefully, them to Mexico; the Mexican consumer measures are coming from, let me give sooner rather than later—tear down you an example of some of those. buys them; those dollars are flowing the 600 miles of fencing that already One of our colleagues, when describ- back to the U.S. worker. It also hap- separates us. We will build more ing young Mexican immigrants coming pens that, when we import from Mex- to this country, said: Look at them. bridges that connect us, not just for ico, we win as 40 cents of every dollar They have calves the size of canta- trade, not just for economic growth, of value that we import from Mexico loupes. They are bringing drugs into but for the reasons that the people I originates in the United States. Lit- this country. represent are so grateful for and proud erally, factory floor jobs in Ohio, in When you have a Presidential can- of, the place that they call home, a Iowa, in Michigan are producing things didate dismiss Mexican immigrants as city that, with Ciudad Juarez, forms that go to Mexico and that are part of rapists and criminals, despite the fact the largest binational community in the final assembly that is reimported that immigrants commit crimes in this the world, where last year alone 32 mil- to the United States. country at a much lower level than na- lion times people from El Paso and We certainly make things in America tive-born U.S. citizens, when you have Juarez crossed into each other’s cities. today, but we make a lot of things in this kind of rhetoric, when you have Our families are on both sides of the the United States and in Mexico con- this kind of mischaracterization, when border. Our business partners are on currently. Our economies, our produc- you have this kind of vilification of an both sides of the border. Students at tion platform—our future—is inex- entire people and their connection to the University of Texas at El Paso, tricably connected, and to try to break us at the U.S.-Mexico border, then you who live in Ciudad Juarez and are that apart is not simply going to hurt be the judge of where these priorities Mexican nationals, are granted instate Mexico. It is going to hurt the United are coming from and what they are tuition because we want to attract the States. It is going to hurt the U.S. about and why they in no way reflect very best and the very brightest. And worker. It is going to hurt our econ- the real concerns, threats, and issues we are going to find them all over the omy. It is going to hurt our oppor- that we have in this country today. world—in the United States, certainly, tunity at growth. My colleagues, the fact of the matter but also in Mexico. If we continue to cast Mexico as the is Mexico presents opportunity to the I want to read to you a comment that enemy, if we threaten trade wars or to United States and it always has. a constituent of mine posted on our pull out of free trade agreements, if we Whether it is the $90 billion in U.S.- Facebook page this evening when I let construct a wall to try to humiliate Mexico trade that passed through just my constituents know I would be on that country at a time that it poses no the points of entry in El Paso, the city the floor talking about the border, ask- security threat to the United States, I have the honor of serving in Congress, ing them to share the truth and the re- the consequences are not going to be and Ciudad Juarez, the city with which ality, their perspective versus the good. You may remember that I re- it is connected, whether it is the 6 mil- myth that we hear so often here in minded you that migration from Mex- lion jobs that we already have in the Congress, on national TV, and from ico over the last 4 years is less than United States economy, whether it is those who don’t live on or understand zero. More Mexicans are going south our security cooperation to ensure that the border. than are coming north to the United we are disrupting transnational crimi- Lisa Esparza said: States. If you build a wall, withdraw nal organizations that are trying to The border has been great because I grew from our trade agreements, try to de- move drugs and human chattel into up in Ciudad Juarez. I came to El Paso, paid link our economies, where you do not this country, whether it is our work to for an education at a private school, learned have a security or an economic prob- address the real security issues in the English. I love the fact that I am binational, lem today, you will in the future have northern triangle countries of Central and I can think and speak in two languages. one. You will give people in Mexico a America that border Mexico, we will Lisa and millions of fronteriza and reason to flee that country and to seek lose a very valuable partner. We will fronterizo border residents exemplify opportunity and jobs and connections lose those things that we want most: the best of this country, literally, of and safety and shelter somewhere else, job growth, economic development, se- what makes America great. and that somewhere else, in many curity for the people that we represent. El Paso, for those of you who do not cases, is, in fact, going to be the United When we begin to humiliate that know, has, for more than a century, States. country and its leadership—and Presi- served as the Ellis Island of the West- If we want to make this country dent Pena Nieto has canceled a trip to ern Hemisphere. If you came up from safer, if we want to make this country visit the United States in just 1 week Mexico or your family did—or El Sal- more prosperous, if we want to protect of this administration—nothing good vador or Guatemala or Honduras or the American worker, then the policies will follow that. Costa Rica or Argentina—there is a that this President has adopted in the We cannot wall Mexico off from the good chance that you came through first 10 days in office are precisely the United States. We cannot wish them to the ports of entry in El Paso, Texas; wrong way to go about doing it. They disappear. They will always be there, that your family may have, before they will make us less secure; they will slow and they should always be there. And went on to a destination further in the down this country’s economy; they will we should be grateful that they will al- United States, settled in Segundo jeopardize the 6 million jobs that de- ways be there because they have al- Barrio or in Chihuahuita. This is a pend on U.S.-Mexico trade. ways been a part of our history, our community where they learned our If the U.S.-Mexico border is as secure success, those things that are best laws, our values, where they learned to as it has ever been—look at any met- about the United States; and, God will- speak English, where they went to ric, and you will see that I am right— ing, they will always be part of our fu- school, where they not just partici- if we are having record low levels of ture. pated and believed in the American northbound migration and apprehen- I think it is going to take each and Dream, but became net contributors to sions, if we are spending record every one of us—every Republican, it. It is one of the reasons that El Paso,

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.071 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H864 CONGRESSIONAL RECORD — HOUSE February 1, 2017 Texas, is the safest city in the United necessary, huge, colossal mistake that could be better put toward other more States. hurts the progress that border commu- legitimate security challenges, it does It is the safest city not in spite of the nities and border States have made. do one thing that I want all of us to large number of immigrants who live Mr. O’ROURKE. Madam Speaker, I know about. It does ensure that mi- in my community—and, by official thank the gentlewoman from New Mex- grants coming to this country will un- counts, 24 percent of the people that I ico (Ms. MICHELLE LUJAN GRISHAM) for necessarily suffer, and many will die. represent were born in another coun- bringing her State’s experience and In the same time where we have gone try. It is not in spite of those people perspective to bear on this issue and from 1.6 million apprehensions a year— who were born in another country that for being a champion for the best in that was the year 2000, 1.6 million ap- El Paso is so safe. It is, in large part, our traditions and our values. prehensions on our southern border—to because of their presence. I would like to build on the gentle- last year, when there were just a little Families made extraordinarily dif- woman’s remarks and talk about one of over 400,000, so a quarter of the level ficult decisions to leave their home the consequences of building walls. I that we had 15, 16 years ago, in that country—their home city, their fami- have already made the case that the same time that we have had record low lies, the language they knew, the cus- border is as secure as it has ever been. levels of migration, we have main- toms that they loved—to come to a Those who study and understand secu- tained record high levels of migrant new country. They make sure that rity issues have come to the conclusion deaths. So those few migrants who do they follow our laws. They make sure that extra miles of wall don’t deter mi- try to cross in between our ports of that their kids follow our laws. They grants. entry and do encounter physical bar- make sure that their kids are doing the The lower levels of migration that we riers are going to more remote sections right thing by this country so that have seen to this country have a lot of the border. They are dying of thirst. they can get ahead, have an oppor- more to do with the U.S. economy and They are dying of exposure. These are tunity and a crack at the American its struggling performance in the im- otherwise preventable deaths. Dream. Not only is there nothing mediate aftermath of the Great Reces- So I ask you to think about it this wrong with that, there is something sion and throughout that road to re- way. Whether you are looking at the profoundly great about that. It is what covery and, relatively speaking, the moral dimension of this—the otherwise has helped make El Paso the safest performance in other countries, includ- preventable deaths, the effort to hu- city, a wonderful city in America, a ing Mexico, that has afforded Mexican miliate our closest partner in the coun- great country. nationals more opportunity to stay try, of Mexico—whether you look at I yield to the gentlewoman from New there. the economic dimension of this, if you Mexico (Ms. MICHELLE LUJAN GRIS- The border is as secure as it has ever want to protect those 6 million jobs HAM), someone else who understands been. We have recently doubled the size that depend on a strong U.S.-Mexico the value of our relationship with Mex- of the Border Patrol. We are using the connection, whether you look at the ico, the special character of border peo- latest and greatest technology to re- security dimension and taking our eye ple, and the value of immigration and main as vigilant as possible, which we off the ball when it comes to real immigrants. should. threats, proven threats that we have in Ms. MICHELLE LUJAN GRISHAM of It is also important to know the this country at our international air- New Mexico. Madam Speaker, the peo- character and quality of the Border Pa- ports, at our northern border with Can- ple who, in fact, know the border issues trol agents and Customs and Border ada or increasingly homegrown radi- the best—whether it is companies or Protection officers who man the line, cals in the United States radicalized lawmakers, both Republicans and who are at our ports, and who have one over the internet, if you want to re- Democrats, border communities, trade of the most difficult, dangerous jobs move resources from those real groups, economists, and law enforce- that anyone has in the Federal Govern- threats, then go ahead and build a wall ment officials—all agree that building ment. The conditions in which they if it makes you feel good. But it is a wall is unnecessary, impractical, in- work, the situations which they must going to make us less safe, it is going effective, and it is a complete waste of anticipate, the constant vigilance that to make us less economically secure, time and taxpayer money. they must maintain, and the kind of and it is going to be to our lasting This wall, in fact, damages New threats that they have to be aware of— shame. It will haunt us, and it will Mexico’s economy, and that is without which include drug smuggling, which is haunt us for generations for anyone taking into account President Trump’s critically important to stop; which in- who supports this or does not stand up idea to now impose a 20 percent tax on clude human smuggling, which we and speak against it. Mexican imports to pay for it. In the must deter and stop; and which in- I would like to leave you with two end, we know that it is American jobs, cludes, even though there has never anecdotes that I think exemplify the American consumers, and American been a terrorist or terrorist act con- beauty, the strength, and the safety of companies that will be hurt. nected to the U.S.-Mexican border, in- the border. The first is a story of an Given that the United States already cludes the possibility that sometime event that took place this weekend in maintains approximately 650 miles of that might happen—those men and El Paso and Ciudad Juarez, where we border fence, drones, cameras, motion women are literally on the front line are joined by the Rio Grande River detectors, thermal imaging sensors, protecting this community. channel. Right now, all that water is ground sensors, and 21,370 Border Pa- I would like to see some of the $14 stored up at the Elephant Butte Res- trol agents, the wall is completely un- billion to $20 billion proposed for the ervoir in New Mexico. Really, there is necessary for the stakeholders who are, construction of a wall put behind our just a little trickle in the river channel in fact, most impacted. The only per- Border Patrol agents to improve their not more than a couple of inches deep. son it truly benefits is President salaries, their working conditions, and Thanks to the Border Network for Trump by furthering his isolationist, the ability for them to do their job and Human Rights and thanks to the Bor- divisive, and anti-immigrant agenda. to keep us safe. der Patrol who allowed this, they were I agree that this country should be I would like to hire more Customs able to organize 300 families from Mex- building, and I agree with my colleague and Border Protection officers, the ico and El Paso who were allowed to from El Paso, Mr. O’ROURKE, that there men and women in blue at our ports of meet—one family at a time—in the is a wonderful thing, an incredible entry who facilitate legitimate trade middle of that river channel, both sides thing about building bridges, building and travel at our ports of entry. They clearly identified so there would not be highways, building buildings, and re- are the ones who help to keep this any security or immigration issues. focusing our energy on making sure economy humming while keeping us that everyone has a fair shot and that safer. b 1745 we are looking at those economic val- Madam Speaker, one of the con- And those families got to spend a ues and those economic indicators. sequences, though, of building walls, total of 3 minutes together, families That is not what we are doing here. We while it doesn’t make us safer and who, in some cases, had not seen each are diverting our attention for an un- while it uses a lot of resources that other for decades. A young woman

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.073 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H865 posted on Facebook that she drove cially for my colleagues on the other So when I hear that the border is as down from Oklahoma City to see her side of the aisle, had a full and com- secure as it has ever been and that dad who she had not seen in 10 years. plete understanding of their legal obli- there is no security threat to the U.S., You had folks meeting grandchildren gations under U.S. law, what they were which is what we have just heard here they had never seen before, sons or allowed and not allowed to do, what in this previous hour, Madam Speaker, daughters-in-law that they had never their court expectations were, and that I absolutely don’t agree with that. seen before, weeping, crying, laughing, they must appear in court, and that And if there is no terrorism that is hugging, holding, kissing for 3 minutes. their issue must be adjudicated, and any factor at all, that there has never That, to me, is absolutely beautiful. that they may or may not be able to been a terrorist attack on the southern That, to me, is family values. That, to stay in this country. border, I would point the gentleman to me, shows you the extent to which peo- Annunciation House, Ruben Garcia, the five heads that were lined up on the ple will try to be together, to be with the volunteers who work for him, and Mexican side of the fence across from each other, to do the things that per- hundreds of other El Pasoans who con- the people that were driving to church haps you and I, as U.S. citizens, take tributed did this at not a penny’s cost in New Mexico a few years ago. I think for granted. And that happened in El to the Federal taxpayer or to our gov- those children that looked out the win- Paso, Texas, thanks to the Border Net- ernment. dows of their cars as they were getting work for Human Rights, thanks also to So $20 billion to build a wall or An- a ride to church were victims of the the men and women in the Border Pa- nunciation House taking care of refu- terror that was created by heads trol. gees, asylum seekers, little kids who stacked along the side of the highway It didn’t compromise our security. It need our help for free? within feet of our U.S. border. didn’t add any new immigrants to this That is the border. That is the best of As I spend time with the Border Pa- country. It was just doing our best us. That is the best of this country. trol agents that have made a career under the current conditions. That is what we need to think about. out of protecting our border down The other anecdote that I would like Those are the folks we need to listen there, they tell me that there are mur- to share with you, and which I will to. Those are the facts we need to un- ders on the Mexican side of the border, close on, involves another outstanding derstand before we even contemplate where they just throw the body over organization in the community that I building a wall, separating ourselves the fence on to the U.S. side; and other have the honor to serve, Annunciation from Mexico, giving in to the nativist cases where they identify bodies on the House, led by Ruben Garcia, who— sentiment and instinct that was so Mexican side of the border, and they when we faced unprecedented numbers proudly on display during this Presi- will call the Mexican security people, of young children and young families, dential election. whom they have good relations with, young moms in their teens and I think if we look at the facts, if we as a rule, and they will see the equiva- twenties, coming up from Honduras take the best from the border, we are lent of an S–10 pickup pull up and just and Guatemala and El Salvador, which going to get the best policy and the throw the body in the back of the pick- have become the deadliest countries, best outcome from the United States. up and drive away, with zero forensics And after all, isn’t that why we were not just in Central America, not just in and very little attempt to identify who all sent here? Isn’t that what we are the Western Hemisphere, but in the the perpetrators might be that have supposed to do when our voters sent us world, the deadliest countries in the committed these murders there so here to do the work of the American close to the border. world; kids being murdered and raped people? and sold into slavery. I have made surprise visits down to Madam Speaker, I yield back the bal- the border on a number of occasions, Those kids fleeing that horrific bru- ance of my time. tality and violence, coming up the and I make it a point to drop in and see length of Mexico, sometimes riding on f what is going on and talk to the people top of a train known as la bestia, or CONDITIONS AT THE SOUTHERN that are there protecting and guarding the beast, to come and present them- BORDER OF THE UNITED STATES our border. I recall one of those visits down to selves at our border, not evade detec- The SPEAKER pro tempore. Under Sasabe, Arizona, at a relatively rural tion, not try and escape, not try to do the Speaker’s announced policy of Jan- crossing there. I pulled into that port anything against the law; literally, as uary 3, 2017, the gentleman from Iowa of entry and port of exit for us, and I the law proscribes, presenting them- (Mr. KING) is recognized for 60 minutes got out and I decided on the spot that, selves at our points of entry to a Bor- as the designee of the majority leader. well, I should let them know who I am der Patrol agent, or a Customs and Mr. KING of Iowa. Madam Speaker, for reasons of courtesy, and so I intro- Border Protection officer, and asking it is my honor to address you here on duced myself. for help and for shelter, depending on the floor of the United States House of Madam Speaker, I said: I’m Congress- the best traditions inscribed on the Representatives. And I came here to man STEVE KING from Iowa. Statue of Liberty, counting on the the floor with a bit different topic in That agent immediately said: I can’t United States in their moment of need. mind, but as I listened to the gen- talk to you. And he turned and walked Well, the Border Patrol were out- tleman from Texas, I thought it would away. standing. The agents themselves, out be a good idea, while there still was a And so I went to the next agent and of their own pockets often, were buying captive audience on the topic, to re- I introduced myself: I’m STEVE KING toys and gifts for these young children, fresh some things with perhaps a bit from Iowa. taking care of them, having their different perspective. And he said: I can’t talk to you, but hearts broken, doing their best to serve And that would be that, from my talk to Mike. Mike is the supervisor them. Agents who work for ICE and time and experience, I have traveled here tonight, and he’s ready to retire, immigration were doing their best as most every mile of the southern bor- and he has terminal cancer. He will well. der, that would be 2,000, all together. I talk to you. As that flow of people, the number of think it would be true that I have trav- And I went and spoke to Mike. The people became too many temporarily eled every mile of California and Ari- gentleman’s name is Mike Crane. It for us to hold and to process, they got zona and New Mexico, and most all the was Mike Crane. He did have terminal in touch with Ruben Garcia at Annun- miles in Texas. I have flown a lot of it. cancer. That is verified. And he has ciation House, which is a charity oper- I have driven a lot of it. I have been since passed away. ated in El Paso, Texas. And Ruben out on the water on some of it. And I But as we were speaking about the took those asylum seekers, those refu- have spent some nights down on the difficulties in securing the border and gees, and housed them, clothed them, border, a number of them in some of the illegal crossings, both one east and fed them, insured they had showers and the dangerous crossings, like San one west of the crossing at Sasabe, he medication and a visit with a doctor, Miguel’s crossing on the Tohono got a phone call, and he said, Excuse the ability to talk to their families O’odham Reservation. It is one of those me, and stepped away, and he was gone deeper in the interior of the United without any night vision and without for a couple of minutes outside the cir- States and, most importantly, espe- what we would call official security. cle.

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.076 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H866 CONGRESSIONAL RECORD — HOUSE February 1, 2017 He came back in and he said: There’s him to guard him during that period of an Iranian or an Iraqi or a Yemeni been a knifing on the Mexican side of time. shows up at the southern border and the border, and so there will be an am- Now, I am not here on the floor to- they are interdicted by our Border Pa- bulance coming through this border night taking a position on whether trol, they are then placed into the and this crossing in a few minutes. And that is right or wrong. From a moral hands of the FBI. At the moment that I’ve called in U.S. ambulances with ox- standpoint, it is right. But we should that happens, it becomes a classified ygen on them, and I’ve called in a heli- be aware of what is going on. This is incident. copter to fly this victim out and to the not a stable border. It is not a safe bor- I doubt if the gentleman from El Tucson University Hospital. der. Paso encounters this. I am down there So we waited there for a few minutes. I have sat on the border at the other for the purpose of hearing some of The Mexican ambulance came across crossing in Tohono O’odham Reserva- those things, one of the purposes. And the crossing. I did have an EMT with tion, San Miguel crossing, and there, I have seven of them that I have logged me and I asked him to do what he throughout the night, I heard vehicles in my time that I have been down could to lend a hand to help save this coming through the mesquite brush, there. And if there have been seven in- victim’s life, so he was in the middle of and you can listen and hear the doors cidents of persons of interest from na- that process. open. You hear the individuals get out tions of interest, and I am only going In the Mexican ambulance there was and drop their packs on the ground. to learn about that in that window be- only one glove—just one glove—and a They will close the door and you can tween the time they are interdicted roll of gauze and nothing else, no oxy- hear them talking and whispering to and the time that they are taken into gen, no medical equipment. It was an each other; pick their packs up and the custody of the FBI. ambulance as far as the shell of it was walk off through the brush. b 1800 concerned, and the painting on the out- I sat there and tried to count the side said ‘‘ambulance,’’ but inside, it shadows, and I won’t give you those So how many hundreds are there and was just the same thing as an old home numbers because none of us are sure perhaps more that are terrorists that bread truck. what we see when it is pitch black out, are crossing into the United States? We So they took him out of that Mexi- but I know what I heard. And we count- know the easiest way to get into the can ambulance. The U.S. ambulances ed a good number of people that were United States illegally is to cross our had arrived fairly close to that period delivered down there to that crossing southern border. So these assertions of time and they put him on oxygen who came through the fence, which it that we don’t have a border security and stabilized him, and then we loaded would be rare for that to hold an old problem and that it is not a security him off on to a helicopter and flew him cow as they walk a four-barbed wire threat are false. Their idea is that we up to Tucson University Hospital. fence with the barbs pushed down should just simply leave the border I went to Tucson that night, and the where they have been continually open. next morning I went to Tucson Univer- crossing in the path through there, you I heard hire more agents not to se- sity Hospital and, essentially, talked can easily see. cure the border, but to facilitate cross- my way in to visit this victim that had When the gentleman from El Paso ing through legal crossings. I think been stabbed in the liver with a knife tells us that we are down to the low there are some things we can and or a shiv that was—I just recall it was crossing level of kind of a modern his- should be doing with facilitating legal 31⁄2 inches wide at the hilt. That was tory lowest crossing level of roughly crossings to and from the United the width of the wound in him. 400,000 people last year, compared to States of America. I went to the room that he was in and not quite 1.6 million in the year 2000, I I don’t disagree with the full breadth they said: Okay, here he is behind this would point out that we count those of that statement, Mr. Speaker, but curtain. who we can count, those who we see the facts are 80 to 90 percent of the ille- It was a two-patient room. When I and those who we willingly see. gal drugs consumed in America come walked behind the curtain, the indi- If we are not looking for them, if we from or through Mexico—80 to 90 per- vidual there who had been knifed the are not guarding the portion of the bor- cent. It is more than a $60 billion an- night before was not the one that I had der that they are pouring through, and nual business pouring into the United seen and been part of taking care of at we say we have counted 400,000 at- States. Out of that $60 billion worth of Sasabe. It was a different victim that tempts coming into the United States, drugs, a lot of that is laundered in the had been wounded under the same cir- that doesn’t mean that there are only United States and brought back into cumstances, probably a different loca- 400,000 attempts; that only means we Mexico and points south down toward— tion in a different fight and brought counted 400,000. and for cocaine, for example, from Co- into Tucson University Hospital to be The same goes with the interdiction lombia. We saw a big bust of Colombian stabilized. of roughly 1.6 million. They were more cocaine that was smuggled into the As I was, I will say, looking at the aggressive then. And I will say that nose of an airplane that was found by situation, the patient whom I knew Bill Clinton was successful in inter- the maintenance crew when they di- had been wounded the night before was dicting more border crossing attempts verted the plane for maintenance. But rolled down the hallway in a wheel- than any other President. I don’t know 80 to 90 percent of the illegal drugs chair. He had been stabilized. He that that was his goal or his objective, come from or through Mexico. looked a lot better. We didn’t know if but I believe that was the statistical It is an American problem. It is a de- he was going to live. results. mand we have on the streets of Amer- So then I assessed the situation and, To that extent, Madam Speaker, I ica for more than $60 billion of illegal Madam Speaker, I then met with the don’t disagree with the gentleman from drugs that kill thousands of our citi- chief financial officer of the Tucson Texas. And I agree that the border zens. We have seen the addiction. We University Hospital and other leaders crossings have slowed down. Ten years have seen the heroin addictions that there in the hospital and collected a ago they were greater than they are have emerged in the United States and whole series of narratives about the today, but it is not logical, in fact, it is become part of the news in the last few cost of the medical care that has been not rational to assert that the border is years, but the people who die from assumed by the United States, even as secure as it has ever been. Neither is overdoses of drugs has accelerated to from people who have injuries in a for- it logical or rational to say that it is more than die because of car accidents eign country. no security threat. in the United States. This cost on this particular incident In the times that I have been on the Now, that is alarming when you con- was $30,000 to bring the wounded Mexi- border, I have encountered the inci- sider most all of us travel in cars in can into the United States—parole him dents of seven different persons of in- this country. Not a very big percentage into the United States is the legal term terest from nations of interest. That is of us are addicted to drugs, but it is a that we use—and then to send him our vernacular that we use when we see very high percentage of those who are back to Mexico once he was stabilized. people that are coming from—I will drug addicted that are dying because of And they had to post an agent with call them—terrorist-spawning states. If the drugs they are getting and the

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.077 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H867 overdoses and the bad drugs that they South American connection, and to But I will submit that is not the rea- are getting, and we need to shut that some degree a Cuban connection. But son why the crime rate is low in El down and shut that off. the balance of illegal drugs distributed Paso. Anybody who would like to fly It isn’t a final solution, I would in America are done so by the Mexican over the border and take a look at that agree, because, Mr. Speaker, there are drug cartels. in El Paso can see why the crime rate two sides to this equation. One of them I asked the Drug Enforcement Agen- is low. I recall President Obama going is that we need to address the supply of cy, I said to them: What would be the down there and standing within about drugs, the transport of illegal drugs result of the illegal drug distribution a mile of the border a few years ago into the United States and the delivery chains in America if, magically, every- and making remarks. He said that of them in the United States to their one who is illegally in America woke some people want to build a wall on the retail destination. But the other side is up in their home country tomorrow border, some want to build a fence, we need to shut down the demand on morning, what would that do to the il- some want to build a moat, and some those illegal drugs. That is a topic that legal drug distribution system in the way want to put alligators in it. That this Congress has not taken up in the country? Their answer is: It would was President Obama’s statement. He time that I have been here. I have sever at least one link in every dis- was standing there, by the way, facing stood here on this floor a number of tribution chain of illegal drugs in north with his back to the border. Not times and discussed the need for us to America, at least one, and in many very far away is a fence, a canal, an- shut down the demand for illegal drugs. cases every link of that chain of dis- other fence, a security road, the Rio Mr. Speaker, I will set that compo- tribution of illegal drugs. Grande river, another fence, another nent aside for a moment and acknowl- In other words, for a brief time, if security road, and another fence. edge that part of this problem is the that magical miracle thing happened So if you have to get through all United States’ demand for illegal that everybody woke up in their home those fences and two bodies of water drugs. The deaths in the United States country, say, tomorrow morning, there that were flowing—when I looked at aren’t solely the responsibility of the would be an instantaneous suspension it—at a pretty brisk pace, and I know drug dealers. It also is the responsi- of the transfer of illegal drugs through it slows down during the low season, bility of our society to restigmatize il- that chain into America and into the that would be the reason they don’t legal drug use and abuse and to clean hands of the users, where tens of thou- have a lot of illegal activity in El Paso up our society using a number of tools sands are dying because of the drug because they have probably the best se- that we haven’t yet developed: the will abuse that they are committing. That curity structures that we have between in our society to address the drug con- is how bad this drug stream is in Amer- us and Mexico. It is a testimony to why sumption problem in America. ica. we need to build a fence, a wall, and a Nonetheless, we have developed the I cannot be convinced that it is not a fence. It is not a testimony as to why will, I believe, especially with the elec- national security problem. I can’t be we don’t, but a testimony as to why we tion of Donald Trump, to address the convinced that it is not a social prob- do. illegal drug supply coming into Amer- lem, a law enforcement problem, a If anybody wanted to look, and look ica and to shut off the smuggling of criminal problem, and an economic at this objectively, perhaps the gen- drugs into the United States. problem. We are allowing these crimes tleman from El Paso would show us the crime data on what the crimes were in So when I hear from the gentleman against the humanity of the United El Paso before they built the fence, the from El Paso that he wants open bor- States and turning a deaf ear—a deaf canal, the road, the fence, the river, ders and he thinks walls and fences in- ear—because we don’t want to speak the road, and the fence. It is pretty sult people and they damage the rela- about how bad this is because some- hard to get through that. You have got tionships between us and Mexico, what body over on that side will start call- to be able to climb, swim, and maybe about 100,000 dead Mexicans that die in ing names again. Well, I don’t think I burrow underneath one or two, and the drug wars? Doesn’t that damage ever got up in the morning without a then you have got the traffic, the secu- our relationship between the United bunch of them calling me names before rity traffic that travels inside of that. States and Mexico far more than the I ever got up—no matter how early— The Border Patrol has that traveled size of a wall that would probably save and I am immune to that, but I think with their white with green striped ve- tens of thousands of Mexican lives by we need to speak the truth. hicles there. drawing a line, creating a barrier, and With regard to the offensiveness of This is a secure barrier between El keeping the illegal drugs on the south fences and walls, and having traveled Paso and Mexico, and it has kept El side of that border away from the $60 almost all of this border and examined Paso safer than other border cities. I billion-plus demand in the United it for the prospects of the need to build believe you will find, if you look at the States? I think that damages our rela- a fence, a wall, and a fence on our years before the security was built, tionship a lot more if we continue to southern border, I would recount, Mr. that the crime rate was higher than it allow that to happen. Speaker, to you what I saw from the is today in El Paso. The flow of illegal drugs flows this helicopter over El Paso. So if we want to really do this from way into the United States. This is The gentleman spoke and said that an analytical perspective, perhaps we from the Drug Enforcement Agency. I El Paso is the safest city in America. I could extrapolate some of those num- said to them that I want to know about have to check the data on that, but I bers and project that kind of security the drug distribution in America, who do recall that El Paso is unusually safe to, oh, Laredo, for example, McAllen, controls it. I know the answer, but I in comparison to the other border cit- Brownsville, and maybe San Diego, asked the question so I have got their ies between Texas and Mexico or even which already has better crime rates response. between New Mexico, Arizona, Cali- now after they built their barriers It is the Mexican drug cartels that fornia and Mexico. Why would El Paso across Smuggler’s Gulch. Everybody control almost all of the illegal drug be an unusually safe city if it sits on who has a fence admits they are safer distribution in the United States of the border in the fashion that it does? than before they had one. America. They are the cartels that op- And it does. There is another tragedy, Mr. Speak- erate in every major city, that control The gentleman from El Paso re- er, that I recall the gentleman speak- the illegal drug supply in nearly every counted that it is because they get ing to. He said that we should tear major city; and if there is a significant along with each other and because they down the 600 miles of barrier that we exception, it is the southern tip of have 25 percent immigrants in his con- have. Well, it is the opposite. We need Florida—Miami—where more of those stituent population, and somehow they to build them up. But, in any case, he drugs come out of South America, have reached this balance of comity said that those who study walls say across, through Haiti, and are smug- that they get along and so they don’t they don’t deter illegal traffic coming gled into the United States. A lot by commit crimes against each other. I across them. Indeed. boat come through the Caribbean and didn’t hear him address the drug prob- I wonder if the gentleman studied into Miami and points along Key West. lem at all. He may have and I missed what was going on in Israel, the fenc- That is more a Haitian connection, it. ing that they built in Israel, and if he

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.079 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H868 CONGRESSIONAL RECORD — HOUSE February 1, 2017 happened to even notice the tweet that course, is to submit and be killed, and We have an ability to slip formed came out from Prime Minister that is not an option for the survivors concrete. A lot of the curbs and gutters Netanyahu just a couple days ago. He at least. Another is you can run raids that you see around on our streets said that they built a barrier to protect up into the Mongolian area and provide aren’t forms that are set up and poured them in Israel, and it is nearly 100 per- them a punishing deterrent to ever any longer with a concrete worker with cent effective. Their lives depend upon coming back into China again. A third a board pulling that up on the edge of it. So they built an effective barrier, alternative was to build the Great Wall that 2-by-12 on the back. Instead, it is Mr. Speaker. Anyone who is watching of China. slip form, where you simply drive the history knows this. They built it in segments. It had gaps machine along, it scrapes the concrete I hear the other side refer to a wall in between it. By about 245 B.C., the off, and you pour it with a low enough that we will build on the Mexican bor- first emperor of China, the unifier of slump that it will stand in the mold der as they compare it to the Berlin China, Qin Shi Huang, decided to con- that you leave it in. Wall. I wonder if they know enough nect all of these segments of the Great I propose that we go in and trench about history to relate any other walls Wall of China, so we have got one con- that 5 or 6 feet deep, and as we do so that have been built in history. tinuous wall. You could pull a chariot with the trencher, we pull the slip form Not quite a year ago, we had Victor on top of it, it was so big and so well along with that. Pour the trench full of Davis Hanson, one of my top two favor- built. That wall—we believed up until concrete, 5 to 6 feet deep, so it is hard ite authors in the country and one of the last few years—was 5,500 miles to dig under it, and it also becomes a the deepest, most thoughtful, well- long, at least 21⁄2 times as long as we wall that stabilizes the vertical sec- read, and prolific writers of history need to build on the Mexican border. tions that will go up above the Earth, that goes far back to the Greek He connected that together. I am and leave a slot in there so we can drop Peloponnesian era and beyond. He has sure he had cheap labor. I don’t have in precast panels. a terrific understanding of the history any doubt about that. They may have When that is done, you have got a of the globe and how it unfolded, espe- worked for free and board and room, cially to Western civilization and came footing that is 3 to 4 feet wide. It has but they connected the great walls of got a notch in it that drops down a foot to us. I said: Mr. Hanson, I would like China. Their emperor, Qin Shi Huang, to know, I can think of the Berlin Wall or 18 inches that has a 6- or 7-inch gap established the continuity of that wall as a wall that was built to keep people to receive the precast concrete panels. that now, by satellite, Chinese sci- in. It was built by Communists to keep The precast concrete panels are entists have identified it as it really people in. Can you think of another poured pretty much on site, where they was—13,000 miles long. wall in history that was built to keep don’t have to be moved very much. As people in? b 1815 you do that, you move along and pour I look across the history that I know, That is 13,000 miles. We need to build the concrete panels. When they are the rest of the walls were built to keep a dinky, little 2,000-mile wall here—a cured, you just take a crane or an exca- people out. Victor Davis Hanson fence, a wall, and a fence—and people vator and pick them up one at a time thought for a little while. He said: say it is too expensive. It doesn’t cash to drop them into the slot. Drop the Well, one could note the wall, the flow. We can’t possibly do that. It is next one into a slot. fence, the barrier between North and too hard. There are mountains on the They are tongue and groove. You lay South Korea is at least in part built to border. There are complications. There that all out along the border. And yes, keep people in North Korea. are little toads that need to jump you have to tie it in so that it doesn’t I don’t disagree with that. It is just across the border. There are long-nosed tip on you vertically. You have to engi- another case where Communists had to bats that get confused if they have to neer it. The strongest force on that lock their people up to keep them from fly over the top of it. There are these wall isn’t going to be people trying to freedom. little species out here that we should get through or over it, it is the wind So I would challenge anyone who is force on the full face of the wall that listening, Mr. Speaker, dig through worry about. And we have got an In- dian reservation that spans both sides you have to design for. your history books, Google this to the We can do all of that, and it is sim- end of the Earth if you like. I would of that border. That is Tohono O’Odham. ple. Then, with that kind of a pace, like to know if there is another exam- even the crews that we have today in ple of a fence or a wall that has been All of these complications right away would be too expensive. The woe-is-me our little, old construction company— built by a nation-state on its borders and I will say for the record, Mr. that is built for the purpose of keeping people come out. They have been man- ufacturing all these reasons why it Speaker, I am not proposing that King people in—other than Berlin and the Construction build this, but I am as- barrier between North and South doesn’t make sense to build a fence, a wall, and a fence on the southern bor- serting that it is not expensive, it is Korea. not complicated, and many companies In both cases, it was keeping Com- der, creating every kind of difficulty that you can imagine. in America have the full capability of munists locked in a Communist nation building a good wall on the border that and keeping them from accessing the I will just tell you, Mr. Speaker, in will stand for a long time. But, in any God-given liberty and freedom that we my lifetime, I started a construction case, we slip form that footing founda- enjoy here in this country. The rest of company in 1975. We are in the business tion with the open slot in it, and then the walls throughout history, including of earthmoving and structural concrete we drop the precast panels in. They can the Great Wall of China, were built to work. We do underground utilities of be whatever height the President of the keep people out. all kinds. We know pretty well what it The examples of that, in the Great takes to do a job. United States would like. If he wants a Wall of China, would be that the seg- We bid jobs nearly every week, and 12-foot wall, we can build that, and I ments of the Great Wall of China were we are out there with, let’s say, two can price that out and put an estimate built by different emperors. In fact, underground utility crews, a farm in place. they were not a unified China during drainage crew, and an earthmoving As I mentioned to the Secretary the those years. I am going back several crew, mix and match, according to the other day, we are not proposing that hundred years before Christ. Different needs of the job we are doing. we build it for the price I put into his emperors built different segments of Throughout the last more than 10 hands, but if you call my bluff, we will. the wall. They built them because they years, I have drawn up a design that I His answer was: Well, will you build 10 concluded the Mongols were coming think is the most effective way to build miles? I said: No, we want a thousand down from the north and were raiding a wall on the southern border, one that miles. the Chinese. The Chinese decided they is cheap and effective and that will That is how good I think my esti- didn’t want to be the subject of those stand and last a long time with very mate is. Our word would be good. But raids any longer. low and very little maintenance. I will we will find cheaper bids out there if When you are not defended like that, just briefly describe that for the we put this together right. So we can you have a couple of choices. One, of RECORD, Mr. Speaker. put this together for substantially less

VerDate Sep 11 2014 05:32 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.080 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H869 than I am hearing from this gen- You don’t have to commit to a thou- ing and data and statistics—at least tleman. I don’t know where he is get- sand-mile barrier right away and build not the data that I watched. Instead, it ting his numbers. Mine are real. We it out into the Gulf at the Rio Grande was a product of the party itself. cranked them out in the sophisticated and the Gulf of Mexico where the Rio I bring this up not to turn any heat software bidding package that King Grande dumps in or run it into the Pa- up on anyone but to illustrate that the Construction uses for multiple jobs cific Ocean in San Diego, although very election of Donald Trump as that are going on. Every week, we are those are probably good places to have President of the United States refutes bidding some kind of jobs. it. You build it until they stop going that autopsy report received in 2012. It When I stood on the floor here 10 around the end. says that all people want to live in a years ago and said that we will build a If you build it into the mountain and lawful society, except for the people wall with a 5-foot foundation in it, a the stone and they decide it is too hard who are breaking the law. slot in it, and precast panels, a func- to travel all that way and climb those We want to live in a lawful society. tional 12-foot height, 6-inch wide con- mountains, you don’t need to build it We want a peaceful society. We don’t crete with wire on top, and we can do any further. But when they start going want violence. We don’t want drugs. that for $1.3 million a mile. That is for around the end, then you build it. We don’t want heads lined up on the the foundation, the wall only. That is We can build right over the top of the border. We don’t want to have the kind not for right-of-way acquisition, that is mountains, if we need to. We can put of slaughter over drug wars in the not for maintenance roads, that is not that foundation in there and drop the United States that has been taking for all the bells and whistles that we panels in right up nearly vertical face, place in Mexico far too many years. need, or for the fence on either side if we need to. It is a lot more design When they report 100,000 people that I believe we need, but that is what and is expensive. Or, we can build the killed over the last decade or so in the the wall would cost—roughly in the wall around the base of the mountain, drug wars in Mexico, and, by the way, area of $1.3 million a mile. where it makes more sense to do that. the $60-plus billion of drugs a year that If that doesn’t sound plausible, Mr. In some places, we probably won’t come into America, there is also that Speaker, I will put this in a perspective need to build one for a long time, if same amount of money that is wired for everybody that is listening here. We ever, but let’s build it where it’s cheap back to Mexico. That is either are just finishing up, and will here, I and fast and where there is a lot of laundered drug money or the fruit of guess, a year from this fall, almost 300 traffic. Let’s shut it all off, Mr. Speak- the wages of people who are working in miles of highway across the middle of er, and let’s do so for a cheap and eco- America sending their wages out of the Iowa through expensive cornfields. It is nomic price of a good concrete wall United States. interstate-equivalent. It is four lanes. that will last for a century or more That is not necessarily an economic It is all built with the medians and the standing there with very little mainte- boon for us when you see $60 billion ditches. nance. worth of drugs ruining the lives of When you look at an interstate high- And yes, I think we should have vi- American drug addicts and $60 billion way, first, you have to by the right-of- bration sensors, and I think we ought worth of wages or drug money going way. Then you have to do the environ- to have infrared where we need it. I back to funnel into and fuel the econ- mental and archeological tests. Then think we ought to have cameras where omy of Mexico. That is stupid for the you do the engineering. Then you have it makes sense. We need people to pa- United States of America to accept the contracts. Then you have to do the trol that. That all goes with the pack- that kind of transfer of a massive clearing and grubbing. You strip the age. transfer of wealth and that destruction topsoil, stockpile it, move the Earth, I will say, as I said to President of our own people. and then when that is done, you go in Trump more than a month ago, we As bad as it is, 100,000 Mexicans and put in any subgrade that you have build the wall until they stop going killed in the drugs wars over the last got. around the end. This is the centerpiece decade or perhaps a little less than Then you pave, then you shoulder it. of our border security. And then all of that, many more Americans have died Then you seed it. While all this is the other things we do with sensors and because of drug overdoses in that pe- going on, then you paint the stripes on lights and sensing wire on top of the riod of time. And do we shed a tear for it, put the signs up, and you put a fence wall, all of that are accessories to the them? We should. And there are others on either side of that. Then you cut the centerpiece, which is the concrete wall. we should shed a tear for, Mr. Speaker. ribbon, and it is open to traffic. You Donald Trump never said a fence. I There are others like Kate Steinle, a are hearing people talk about a $20 or am going to build you a fence. He said beautiful brown-haired, blue-eyed, 32- $30 billion project to build a 2,000-mile wall. Some of his people, usually it is year-old lady out with her father along wall on the southern border. the ones that come from more to the the wharf in San Francisco. If I can re- I will submit, Mr. Speaker, this: we left of the Republican center than member his name—Juan Francisco built that highway through the center those who come from the right of the Lopez-Sanchez is his name—was de- of Iowa for roughly 300 miles for an av- Republican center, will say: Well, he ported at least five times from the erage cost of something slightly less really meant virtual. He didn’t really United States for committing felonies. than $4 million a mile. That is buying mean that we are going to build a wall. And what did he do? He came back the right-of-way going through Iowa It might be a fence, or there might be into the United States, and he went to cornfields, not the desert, and that is places where we don’t really need to do a sanctuary city, San Francisco, that all of the engineering, the anything. You will hear all of that. had put out the beacon in the advise- earthmoving, the paving for our high- They are saying that because they ment that said: Come to our city. We way strength structure. never believed in border security. will protect you. We will not let Fed- Can anybody think that, at $4 mil- If you remember, Mr. Speaker, there eral immigration officials disturb your lion a mile to build an interstate, you was a document that was put out life here. We have hearts for people can’t build a fence for about $1.3? I will shortly after the election in 2012, in who are criminals, who are felons vio- tell you that, in the $2 million a mile November of 2012, called the autopsy lating American laws with impunity category, we will have a fence, a wall, report. That autopsy report gave an as- being deported and coming back into and a fence on 80 percent of that south- signment to Republicans that said you America. ern border. have to do outreach to certain groups So he is living in a sanctuary city in And there will be maybe 20 percent of of people, and you have to play iden- San Francisco. He shot Kate Steinle in that, and probably not more than 20 tity politics. Don’t be caught pan- the back, and she fell and died in her percent of that, that is tougher than dering, but play identity politics, and father’s arms, this beautiful young that, and that is rock and it is moun- we shouldn’t be securing the border be- lady. When I saw that story, when it tain. Some of it is semivertical. What I cause that offends people that want to came up on my Twitter account that have long said is: Let’s build that cross it legally. day, I looked at that and re-tweeted fence, the wall, and the fence until That was the message that was driv- the story with a quote that said: This they stop going around the end. en out of there. It wasn’t based on poll- will make you cry, too.

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.082 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H870 CONGRESSIONAL RECORD — HOUSE February 1, 2017 Just sitting alone, reading my email, Jas’s mother, who was serving in the dren would still be dead if we had de- when I saw that story, it made me cry, military and, I believe, deployed at the ported the perpetrator who killed Mr. Speaker, because I know that Kate time. Both of them have testified here them. You go tell the parents of Kate Steinle is not 1 of the 124 who her fa- in the United States Congress. Steinle that she would still be dead if ther, Jim Steinle, spoke of when he so There are others. Sarah Root from Juan Francisco Lopez-Sanchez had courageously testified before the House Modale, Iowa, a perfect 4.0 grade point been effectively deported or locked up Judiciary Committee. I give him great average, studying criminal investiga- for a mandatory 5-year sentence, as we credit for having the courage to do so, tion at Bellevue University in Omaha. have written into Kate’s law, that Kate and to commemorate his daughter’s I believe the date that she graduated would still be dead if we had enforced life. She is not 1 of 124, which were es- would have been January 30, 2016. The such a law on Sanchez. Or go tell the sentially undocumented who were doc- next day she was run over and brutally mother of Brandon Mendoza that her umented to be released who committed killed by a drag racing, illegal alien, fine and proud law enforcement son homicide after they had been released Mejia—Eswin, I believe his first name would still be dead if we had deported by our previous administration. was, Mejia—who had 21⁄2 times the legal the illegal who ran him down that day. That number is not 124. Mr. Speaker, blood alcohol content. He was drag rac- Or tell Jamiel Shaw that his son, Jas, that number is in the thousands. It is ing, and he ran Sarah Root, this per- would still be dead if we had deported in the thousands—the Americans who fect young woman with the beginning the illegal alien who murdered his son died at the hands of criminal aliens of her adult life set up perfectly in on the street in his neighborhood. who are in the United States illegally front of her, the only daughter of her We know better, Mr. Speaker. This is personal. It is personal in the committing crimes against. And I call father, Scott, and her mother, lives of thousands of families in Amer- Michelle. She had a brother, Scotty. them Americans. Sometimes they are ica who are suffering thousands of inci- green card holders, lawful permanent Sarah’s parents have both testified also dents of their grief that will be part of residents. before the House Committee on the Ju- their lives. For generations, they will b 1830 diciary. look back, and they will grieve for This is personal, Mr. Speaker. It is those lost family members who will not Sometimes they are here on a visa. personal to these families that have be there on Easter or on Christmas or They are legally in the United States. lost a loved one that they know would Sometimes they are illegal aliens that on Thanksgiving, and they will grieve be alive today if the administrations for the grandchildren who were never also crept into America that die at the had enforced existing immigration hands of those who should not be here. born, and they will call upon their sur- laws. viving brothers and sisters: Now you Now, from where I stand, every life When I read the very, very sad story that has been sacrificed, that has been are responsible to be the parents of the in Cottonwood, Minnesota, southwest grandchildren for the parents who lost taken at the hand of someone who is Minnesota, not very far from my dis- unlawfully present in the United their daughter or lost their son. trict, several years ago where a school- That is what is at stake here, Mr. States of America, every life could bus full of kids was taking kids home Speaker. have been saved. Every crime is a pre- from school, from after school, and an We are a nation of laws, but we are, ventable crime, and I have lived that illegal alien who had twice encoun- today, a nation of not yet fully en- and believed that for a long time, Mr. tered law enforcement and twice been forced laws, and we have had a Presi- Speaker. released on the streets because the dent in the past who seemed to want to As I came to this Congress some 14 local law enforcement decided ‘‘it is bring in the maximum number of ille- years ago, I listened to the witnesses not my job,’’ ran the schoolbus off the gal aliens and leave them here and before the Immigration Subcommittee, road and into the ditch, and the bus keep them here. He never dem- and the witnesses would continually rolled over. Four grade-school children onstrated a desire to enforce the law as testify about how many lives were lost were killed up by Cottonwood, Min- he opened up the borders of America to in the Arizona desert as people were nesota: a brother and a sister, and then people who are coming from terrorist- trying to sneak into America. Having separate children from two other fami- spawning countries. Now, thankfully, snuck across the border and they are lies. Three families grieving at the we have Donald Trump, who has trying to creep through the desert, tragic, horrible death of their grade- stepped up to close those borders back often the heat will affect them, and school children. down again and get a handle on this they will be without water and they If we had enforced our immigration migration so that the American people will die of exposure or exhaustion. The laws, those children would be alive can be safer. But we will be a lot safer numbers went from roughly 200 a year today. They would be living, laughing, with a fence, a wall, and a fence on our in the Arizona desert, I recall them loving, studying, maybe teaching. They southern border. going up to as high as 450. That testi- would be falling in love and doing all of By the way, at this point now, the mony would come almost every hear- the things that we want them to do as United States is spending, annually, ing, someone would come in and testify Americans, but their lives were snuffed $13.4 billion a year—that is billion with to the number of lives lost on an an- out because we had an administration a B—to secure our southern border, and nual basis in the Arizona desert. that refuses to enforce the law. we are getting perhaps 25 percent en- I began to wonder, as I would hear Others would say: Well, Congressman forcement efficiency in that southern the news stories in the United States of KING, you cannot assert that it is be- border—25 percent. That, by the way, is the Kate Steinles and the Jamiel cause of illegal activity or illegal the testimony of the Border Patrol be- Shaws—Jamiel Shaw’s son, Jas Shaw, a aliens in America that brought about fore the Committee on the Judiciary. 17-year-old high school football star the death of those four children in Cot- It is not a number that is brought up who was killed on the streets in south- tonwood, Minnesota, or the death of from someone who wants to be critical ern California at the hand of a Mexican Sarah Root from Modale, Iowa, or the of them. drug gang member who had been given death of Kate Steinle in San Francisco, I salute the Border Patrol. They have the assignment to go out and kill a or Jas Shaw, or Brandon Mendoza, or got a tough job. But their operation Black person. Jas, the son, had just Dominic Durden. has not been managed for the purpose spoken to his father on the cell phone All of their lives and thousands more of securing our border and achieving and said: I will be home in just a few have been lost because we refused to border security. They have tried to re- minutes, Dad. enforce immigration law. define it as to something else. But he never came home because he They tell me: No, crimes will be com- Oh, $13.4 billion a year spent on our was shot in the head and killed up the mitted, bad things will happen; it has 2,000-mile southern border. Now, some- street a block or two from his home be- got nothing to do with not enforcing body out there, Mr. Speaker, has done cause he was Black, because the assign- immigration law. the math on that and divided 2,000 ment to his murderer was to go kill a My answer to them is, Mr. Speaker: miles into $13.4 billion. That comes to Black person. Jamiel Shaw will never, Then you go tell those parents in Cot- $6.7 million a mile to secure our south- never forget those days. Neither will tonwood, Minnesota, that their chil- ern border, $6.7 million a mile for every

VerDate Sep 11 2014 02:51 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.084 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H871 mile every year, day and night—$6.7 in the flat country at least. From tion of the law and the Constitution, million. where I live, my west road runs a mile and it is the executive branch, the I would just ask people, contemplate out there to the intersection where it President of the United States making that cost, that heavy cost, $6.7 million goes on in four directions, gravel road. up law as he goes along and violating a mile. What can you buy for that? So let’s just say that General Kelly, the separation of powers. Well, you can buy an interstate high- Secretary Kelly, came to me and he b 1845 way, and you can have $2.7 million left said: STEVE, I want you to guard your over and change per mile. We can take west mile, and I want you to secure Well, through that, when the Presi- one annual budget of our southern bor- that border so that 25 percent of the dent says: I have prosecutorial discre- der—if we do what Mr. O’ROURKE wants people that are trying to get across tion, and anybody who walks across to do and open the border, we can lay there will be interdicted and won’t be the border is not going to be troubled. the Border Patrol off for a year, take able to get across that border. So what We will meet them with the welcome that $6.7 million a mile, the $13.4 bil- would you take to give me that level of wagon and fly them to any State in the lion, and we can build an interstate security for a mile of road and, say, a Union they choose—that happens, Mr. highway the full length of that and mile, the west gravel road from my Speaker—it is real. That is not a fab- have $2.7 million a mile left over. That house? rication or an embellishment. It is is how much money is being spent on He said: I have got a bid. I will give even worse than that. the southern border to get 25 percent you $6.7 million—that is the average But what benefit does a wall have? In efficiency. going rate for a mile—and you will get addition to, it provides security of the You cannot convince me that if we that every year. By the way, we do our United States of America. A wall spend $1.3 million a mile for the wall— budgets on a 10-year contract, so I will doesn’t have prosecutorial discretion. if we dial that up to 2 or a little more give you $67 million to secure 1 mile of We make up its mind when we build than $2 million a mile so we can cover Iowa gravel road. the wall. And if they can’t get across a fence on either side of that wall and Do you think I could secure that bor- there, and we maintain and protect it, access roads that would be built out of der for $67 million for 10 years? And do then we get the effectiveness of it, re- necessity to build it and to maintain it you think that I would hire a lot of gardless of who the President is. And if and to patrol it—a couple million dol- people to sit there in their humvees we get a President in the future who lars a mile on that, wouldn’t give us and talk back and forth on the radio doesn’t secure and maintain and en- something pretty close to Israeli-level and let people walk around them com- force the wall, then we have a serious border security. That is nearly 100 per- ing across that border if my job was to cause that we can point to rather than cent. That is up into the 99 percentile secure it? No. I would build a fence, a a vague legal argument manufactured and beyond that into the efficiency of wall, and a fence on that mile. I would by a former adjunct professor who the security of our border. Of course we spend less than $2 million for that taught constitutional law at the Uni- could get that kind of security on our mile. versity of Chicago. border. Yes, I would hire a border patrol, and And so, Mr. Speaker, building a It doesn’t mean we just build it and I would put the bells and whistles, the fence, a wall, and a fence on our south- walk away. People on that side would accessories on that wall so that we had ern border is a wise and prudent thing like to have you think that, that some- the warning signals that are there. I to do. It will pay for itself before we how we would just build a wall and would minimize the labor; I would can even get it built. It will dramati- walk away and we leave the ladders put maximize the technology. But I would cally slow down the illegal drugs that up on the south side of the border. No, put the resources there to get the job are coming into America that come we would maintain that. We would pa- done 100 percent, not 25 percent, and I from or through Mexico. Remember, 80 trol it. We would fly it. We would pa- could do it for, you know, a lot less to 90 percent of them. Dramatically trol it with vehicles. We would have vi- than $6.7 million per mile per year. It slow them down. The illegal traffic bration sensors. We would put wire on wouldn’t take a $67 million contract that is coming in, it will shut off most top, and that wire on top would signal for a 10-year contract to secure that all of that. I would agree with the gen- to us if anybody grounded that wire, border. Infrastructure does its job. You tleman from El Paso that we should tried to breach that, touch that wire, build the wall. then beef up our ports of entry so we brought it to the ground. It would tell Remember President Obama, he said can facilitate a faster flow of legal us in the control centers exactly where he had prosecutorial discretion, and so traffic in and out of America. that breach was attempted to take he created these great classes of people But the American people need to de- place. We would zero our enforcement and violated the Constitution and cide who is coming into America and in on them and we would enforce it, granted a waiver for the application of who is leaving America. We should not and we would maintain it so that it our criminal laws against people who have an immigration policy that is es- functions 100 percent all the time. had come into the United States ille- tablished by the people who live any- I see the fence we have got on the gally. And he said: Well, we are doing where but America or by the people border now, and sometimes they will this on a case-by-case basis. who are anything but citizens of the come on the other side, take a set of Janet Napolitano wrote the memo. United States. The citizens of America wire cutters, cut themselves a gate We have got the ICE memo or the should make this decision through through a chain-link fence. I believe I Napolitano memo that lays out the ex- their elected representatives by exer- saw this in Lukeville, Arizona. There emptions to the law. Seven times in cising the enumerated power in the they take a chain and thread it there she wrote, ‘‘on an individual Constitution that Congress has to es- through the chain-link fence, put a basis only.’’ That is in there because tablish immigration laws. padlock on it, and it is their personal she knows that the court case turns on Internally, our domestic laws need to gate to come and go into America prosecutorial discretion, which can be enforced. And we need to recruit whenever they see fit, with a great, big only be applied if you are not going to local law enforcement by expanding huge brown mastiff on a bigger chain enforce the law, the prosecutors do the 287(g) program and the Secure yet laying there by that gate with a have discretion. If it is not practical to Communities program. We need to in- growl under his throat waiting for any- do so, if you don’t have the resources, corporate the city police, the county body who might decide they want to they should use the resources to their sheriff and deputy force, and the high- walk through that gate in the fence. best advantage. You can do that on an way patrol, or Division of Criminal In- We can do a lot better. We will do a individual basis and be within the law vestigation—Department of Public lot better, $6.7 million a mile. Let me and be constitutional. Safety officers, as Texas has—all to pose this another way for people who But once you have a President work with our Federal officers, so it is have a different way of putting images Obama creating huge classes of people a seamless network working together in their head. that number in the hundreds of thou- to provide secure communities in For me, I live out in the country in sands—in fact, in the millions—then America, restore the respect for the Iowa. We have gravel roads every mile, what you have, Mr. Speaker, is a viola- rule of law, shut down the flow of drugs

VerDate Sep 11 2014 03:31 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01FE7.086 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H872 CONGRESSIONAL RECORD — HOUSE February 1, 2017 into the United States, shut off the il- mittee on Homeland Security met in open only be counted to satisfy the quorum re- legal traffic into America, shut off the session and adopted these Committee Rules quirement for the purpose of taking testi- terrorists who are sneaking into Amer- by a recorded vote of 18 yeas and 10 nays, a mony and receiving evidence. ica because the easiest and most reli- quorum being present. (D) Powers and Duties of Subcommittees.— Sincerely, Except as otherwise directed by the Chair- able way for them to get here is across MICHAEL T. MCCAUL, man of the Full Committee, each sub- our southern border. If we do all of Chairman. committee is authorized to meet, hold hear- that, there will be respect for both Enclosure. ings, receive testimony, mark up legislation, countries that will be established. (Adopted February 1, 2017) and report to the Full Committee on all mat- ters within its purview. Subcommittee And I would say this to President RULE I.—GENERAL PROVISIONS. Trump. And that is, he is a builder, I Chairmen shall set hearing and meeting (A) Applicability of the Rules of the U.S. dates only with the approval of the Chair- am a builder. I don’t have any doubt House of Representatives.—The Rules of the about how to build that wall or to man of the Full Committee. To the greatest U.S. House of Representatives (the ‘‘House’’) extent practicable, no more than one meet- build the fences on the south and north are the rules of the Committee on Homeland ing and hearing should be scheduled for a side of that so that we have two no- Security (the ‘‘Committee’’) and its sub- given time. committees insofar as applicable. man’s lands to patrol. I don’t know RULE III.—SPECIAL COMMITTEE PANELS. that he has any doubt about it either. (B) Applicability to Subcommittees.—Except where the terms ‘‘Full Committee’’ and (A) Designation.—The Chairman of the Full He has said that he will build a big, Committee may designate a special panel of beautiful wall. ‘‘subcommittee’’ are specifically mentioned, the following rules shall apply to the Com- the Committee consisting of Members of the Well, I am looking for the architect’s mittee’s subcommittees and their respective Committee to inquire into and take testi- ideas on beauty. That is not my forte. Chairmen and Ranking Minority Members to mony on a matter or matters that warrant But the structural functionality and the same extent as they apply to the Full enhanced consideration, and to report to the the efficiency of its construction is my Committee and its Chairman and Ranking Committee. forte. And I encourage that we draw up Minority Member. (B) Party Ratios and Appointment.—The chairman of a special panel shall be ap- the plans and designs for this and let (C) Appointments by the Chairman.—Clause 2(d) of Rule XI of the House shall govern the pointed by the Chairman of the Full Com- contracts to those contractors who can mittee. The Ranking Minority Member of effectively and efficiently do this in a designation of a Vice Chairman of the Full Committee. the Full Committee may select a ranking competitive low-bid fashion with a (D) Conferences.—The Chairman is author- minority member for a special panel and proper inspection, and we will build ized to offer a motion under clause 1 of Rule may appoint additional minority members, that barrier that can stand for a long XXII of the Rules of the House whenever the consistent with the ratio of the full com- time, designed to keep people and con- Chairman considers it appropriate. mittee. The Chairman and Ranking Minority traband out, as every other wall in the (E) Committee Website.—The Chairman shall Member may serve as ex officio members. (C) Duration.—No special panel shall con- history of the world, including the maintain an official Committee web site for the purposes of furthering the Committee’s tinue in existence for more than six months. Great Wall of China and the walls that (D) Jurisdiction.—No panel shall have legis- were built in northern England and legislative and oversight responsibilities, in- cluding communicating information about lative jurisdiction. those across northern Germany. The the Committee’s activities to Committee RULE IV.—REGULAR MEETINGS. Romans built walls there to protect Members, other Members, and the public at (A) Regular Meeting Date.—The regular themselves as well. large. The Ranking Minority Member may meeting date and time for the transaction of Each wall, with the exception of maintain a similar web site for the same pur- business of the Full Committee shall be at those designed by communists to keep poses. The official Committee web site shall 10:00 a.m. on the first Wednesday that the their subjects in, has been designed to display a link on its home page to the web House is in Session each month, unless oth- keep people out. There is a huge moral site maintained by the Ranking Minority erwise directed by the Chairman. difference between a wall to keep peo- Member. (B) Additional Meetings.—At the discretion (F) Activity Report.—The Committee shall of the Chairman, additional meetings of the ple in and a wall to keep criminals, ter- submit a report to the House on the activi- Committee may be scheduled for the consid- rorists, and also decent people, and ties of the Committee in accordance with eration of any legislation or other matters contraband out. It is a simple equation. House rule XI 1(d). pending before the Committee, or to conduct Mr. Speaker, I appreciate your atten- RULE II.—SUBCOMMITTEES. other Committee business. The Committee tion here this evening on this topic. I (A) Generally.—The Full Committee shall shall meet for such purposes pursuant to the look forward to the construction of the be organized into the following six standing call of the Chairman. fence, the wall, and the fence on our subcommittees and each shall have specific (C) Consideration.—Except in the case of a southern border, and the restoration of responsibility for such measures or matters special meeting held under clause 2(c)(2) of as the Chairman refers to it: House Rule XI, the determination of the the respect for the rule of law. business to be considered at each meeting of I yield back the balance of my time. (1) Subcommittee on Counterterrorism and Intelligence; the Committee shall be made by the Chair- f (2) Subcommittee on Border and Maritime man. LEAVE OF ABSENCE Security; RULE V.—NOTICE AND PUBLICATION. (3) Subcommittee on Cybersecurity and In- (A) Notice.— By unanimous consent, leave of ab- frastructure Protection; (1) Hearings.—(a) Pursuant to clause 2(g)(3) sence was granted to: (4) Subcommittee on Oversight and Man- of rule XI of the Rules of the House of Rep- Ms. CLARK of Massachusetts (at the agement Efficiency; resentatives, the Chairman of the Com- request of Ms. PELOSI) for today and (5) Subcommittee on Transportation and mittee shall make public announcement of the balance of the week on account of Protective Security; and the date, place, and subject matter of any family emergency. (6) Subcommittee on Emergency Prepared- hearing before the Full Committee or sub- ness, Response and Communications. committee, which may not commence earlier f (B) Selection and Ratio of Subcommittee Mem- than one week after such notice. PUBLICATION OF COMMITTEE bers.—The Chairman and Ranking Minority (b) However, a hearing may begin sooner RULES Member of the Full Committee shall select than specified in (a) if the Chairman of the their respective Members of each sub- Committee, with the concurrence of the RULES OF THE COMMITTEE ON HOMELAND committee. The ratio of Majority to Minor- Ranking Minority Member, determines that SECURITY FOR THE 115TH CONGRESS ity Members shall be comparable to the Full there is good cause to begin such hearing HOUSE OF REPRESENTATIVES, Committee, consistent with the party ratios sooner, or if the Committee so determines by COMMITTEE ON HOMELAND SECURITY, established by the Majority party, except majority vote, a quorum being present for Washington, DC, February 1, 2017. that each subcommittee shall have at least the transaction of business. If such a deter- Hon. PAUL D. RYAN, two more Majority Members than Minority mination is made, the Chairman shall make Speaker, House of Representatives, Members. the announcement required under (a) at the Washington, DC. (C) Ex Officio Members.—The Chairman and earliest possible date. To the extent prac- DEAR MR. SPEAKER: Pursuant to clause 2(a) Ranking Minority Member of the Full Com- ticable, the names of all witnesses scheduled of rule XI of the Rules of the House of Rep- mittee shall be ex officio members of each to appear at such hearing shall be provided resentatives, I submit the Rules of the Com- subcommittee but are not authorized to vote to Members no later than 48 hours prior to mittee on Homeland Security for the 115th on matters that arise before each sub- the commencement of such hearing. Congress for publication in the Congres- committee. The Chairman and Ranking Mi- (2) Meetings.—The Chair shall announce sional Record. On February 1, 2017, the Com- nority Member of the Full Committee shall the date, time, place and subject matter of

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any meeting, which may not commence ear- RULE VII.—PROCEDURES FOR MEETINGS AND (C) Oath or Affirmation.—The Chairman of lier than the third day on which Members HEARINGS. the Committee or any Member designated by have notice thereof except in the case of a (A) Opening Statements.—At any meeting of the Chairman, may administer an oath to special meeting called under clause 2(c)(2) of the Committee, the Chairman and Ranking any witness. House Rule XI. These notice requirements Minority Member shall be entitled to present (D) Statements by Witnesses.— (1) Consistent with the notice given, and to may be waived if the Chairman with the con- oral opening statements of five minutes the greatest extent practicable, witnesses currence of the Ranking Minority Member, each. Other Members may submit written shall submit a prepared or written statement determines that there is good cause to begin opening statements for the record. The the meeting sooner or if the Committee so for the record of the proceedings (including, Chairman presiding over the meeting may where practicable, an electronic copy) with determines by majority vote, a quorum being permit additional opening statements by present for the transaction of business. the Clerk of the Committee no less than 48 other Members of the Full Committee or of hours in advance of the witness’s appearance (a) At least 48 hours prior to the com- that subcommittee, with the concurrence of mencement of a meeting for the markup of before the Committee. the Ranking Minority Member. (2) In the case of a witness appearing in a legislation, or at the time of announcement (B) The Five-Minute Rule.—The time any non-governmental capacity, a written state- of the meeting, if less than 48 hours under one Member may address the Committee on ment of proposed testimony shall include a Rule V(A)(2), the text of such legislation to any bill, motion, or other matter under con- curriculum vita and a disclosure of any Fed- be marked up shall be provided to the Mem- sideration by the Committee shall not ex- eral grants or contracts, or contracts or pay- bers, made publicly available in electronic ceed five minutes, and then only when the ments originating with a foreign govern- form, and posted on the official Committee Member has been recognized by the Chair- ment, received during the current calendar web site. man, except that this time limit may be ex- year or either of the two preceding calendar (b) Not later than 24 hours after concluding tended when permitted by unanimous con- years by the witness or by an entity rep- a meeting to consider legislation, the text of sent. resented by the witness and related to the such legislation as ordered forwarded or re- (C) Postponement of Vote.—The Chairman subject matter of the hearing. Such disclo- ported, including any amendments adopted may postpone further proceedings when a sures shall include the amount and source of or defeated, shall be made publicly available record vote is ordered on the question of ap- each Federal grant (or subgrant thereof) or in electronic form. proving any measure or matter or adopting contract (or subcontract thereof) related to (3) Briefings.—The Chairman shall provide an amendment and may resume proceedings the subject matter of the hearing, and the notice of the date, time, place, and subject on a postponed vote at any time after rea- amount and country of origin of any pay- matter of a Member briefing. To the extent sonable notice to Members by the Clerk or ment or contract related to the subject mat- practicable, a Member briefing shall not other designee of the Chairman. When pro- ter jurisdiction of the hearing originating commence earlier than the third day on ceedings resume on a postponed question, with a foreign government. Such statements, which Members have notice thereof. notwithstanding any intervening order for with the appropriate redactions to protect (4) Publication.—House Rule XI 2(g)(3)(C) the previous question, an underlying propo- the privacy or security of the witness, shall is hereby incorporated by reference. sition shall remain subject to further debate be made publicly available in electronic form RULE VI.—OPEN MEETINGS AND HEARINGS; or amendment to the same extent as when not later than one day after the witness ap- BROADCASTING. the question was postponed. pears. (A) Open Meetings.— (D) Record.—Members may have 10 business RULE IX.—QUORUM. (1) All meetings and hearings of the Com- days to submit to the Chief Clerk of the Quorum Requirements.—Two Members shall mittee shall be open to the public including Committee their statements for the record, constitute a quorum for purposes of taking to radio, television, and still photography and, in the case of a hearing, additional testimony and receiving evidence. One-third coverage, except as provided by Rule XI of questions for the hearing record to be di- of the Members of the Committee shall con- the Rules of the House or when the Com- rected towards a witness at the hearing. stitute a quorum for conducting business, ex- mittee, in open session and with a majority RULE VIII.—WITNESSES. cept for (1) reporting a measure or rec- present, determines by recorded vote that all (A) Questioning of Witnesses.— ommendation; (2) closing Committee meet- or part of the remainder of that hearing on (1) Questioning of witnesses by Members ings to the public, pursuant to Committee that day shall be closed to the public because will be conducted under the five- minute rule Rule IV; (3) any other action for which an ac- disclosure of testimony, evidence, or other unless the Committee adopts a motion per- tual majority quorum is required by any rule matters to be considered would endanger the mitted by clause 2(j)(2) of House Rule XI. of the House of Representatives or by law. national security, compromise sensitive law (2) In questioning witnesses under the five- The Chairman’s staff shall consult with the enforcement information, tend to defame, minute rule, the Chairman and the Ranking Ranking Minority Member’s staff when degrade or incriminate a witness, or violate Minority Member shall first be recognized. scheduling meetings and hearings, to ensure any law or rule of the House of Representa- In a subcommittee meeting or hearing, the that a quorum for any purpose will include tives. Chairman and Ranking Minority Member of at least one Minority Member of the Com- (2) The Committee or Subcommittee may the Full Committee are then recognized. All mittee. meet in executive session for up to five addi- other Members who are present before the RULE X.—DECORUM. tional consecutive days of hearings if agreed commencement of the meeting or hearing (A) Breaches of Decorum.—The Chairman to by the same procedure. will be recognized in the order of seniority may punish breaches of order and decorum, (B) Broadcasting.—Whenever any hearing or on the Committee, alternating between Ma- by censure and exclusion from a hearing or meeting conducted by the Committee is open jority and Minority Members. Committee meeting; and the Committee may cite the of- to the public, the Committee shall permit Members arriving after the commencement fender to the House for contempt. that hearing or meeting to be covered by tel- of the hearing shall be recognized in order of (B) Access to Dais.—Access to the dais be- evision broadcast, internet broadcast, print appearance, alternating between Majority fore, during, and after a hearing, markup, or media, and still photography, or by any of and Minority Members, after all Members other meeting of the Committee shall be such methods of coverage, in accordance present at the beginning of the hearing have limited to Members and staff of the Com- with the provisions of clause 4 of Rule XI of been recognized. To the extent practicable, mittee. Subject to availability of space on the Rules of the House. Operation and use of each Member shall be recognized at least the dais, Committee Members’ personal staff any Committee operated broadcast system once before any Member is given a second may be present on the dais during a hearing shall be fair and nonpartisan and in accord- opportunity to question a witness. if their employing Member is seated on the ance with clause 4(b) of Rule XI and all other (3) The Chairman, in consultation with the dais and during a markup or other meeting if applicable rules of the Committee and the Ranking Minority Member, or the Com- their employing Member is the author of a House. Priority shall be given by the Com- mittee by motion, may permit a specified measure or amendment under consideration mittee to members of the Press Galleries. number of Members to question a witness for by the Committee, but only during the time Pursuant to clause 2(e) of rule XI of the a period longer than five minutes, but the that the measure or amendment is under ac- Rules of the House of Representatives, the time allotted must be equally apportioned to tive consideration by the Committee, or oth- Committee shall, to the greatest extent the Majority party and the Minority and erwise at the discretion of the Chairman, or practicable, provide audio and video cov- may not exceed one hour in the aggregate. of the Ranking Minority Member for per- erage of each hearing or meeting in a man- (4) The Chairman, in consultation with the sonal staff employed by a Minority Member. ner that allows the public to easily listen to Ranking Minority Member, or the Com- (C) Wireless Communications Use Prohib- and view the proceedings and shall maintain mittee by motion, may permit Committee ited.—During a hearing, mark-up, or other the recordings of such coverage in a manner staff of the Majority and Minority to ques- meeting of the Committee, ringing or audi- that is easily accessible to the public. tion a witness for a specified period of time, ble sounds or conversational use of cellular (C) Transcripts.—A transcript shall be made but the time allotted must be equally appor- telephones or other electronic devices is pro- of the testimony of each witness appearing tioned to the Majority and Minority staff hibited in the Committee room. before the Committee during a Committee and may not exceed one hour in the aggre- RULE XI.—REFERRALS TO SUBCOMMITTEES. hearing. All transcripts of meetings or hear- gate. Referral of Bills and Other Matters by Chair- ings that are open to the public shall be (B) Minority Witnesses.—House Rule XI 2 man.—Except for bills and other matters re- made available. (j)(1) is hereby incorporated by reference. tained by the Chairman for Full Committee

VerDate Sep 11 2014 03:31 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.024 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H874 CONGRESSIONAL RECORD — HOUSE February 1, 2017 consideration, each bill or other matter re- remuneration of and may remove shared fied information, the following oath (or affir- ferred to the Full Committee shall be re- staff that is assigned to service of the Com- mation) shall be executed: ferred by the Chairman to one or more sub- mittee. The Chairman shall certify Com- I do solemnly swear (or affirm) that I will committees within two weeks of receipt by mittee staff appointments, including ap- not disclose any classified information re- the Committee. In referring any measure or pointments by the Ranking Minority Mem- ceived in the course of my service on the matter to a subcommittee, the Chair may ber, as required. Committee on Homeland Security, except as specify a date by which the subcommittee (C) Divulgence of Information.—Prior to the authorized by the Committee or the House of shall report thereon to the Full Committee. public acknowledgement by the Chairman or Representatives or in accordance with the Bills or other matters referred to sub- the Committee of a decision to initiate an Rules of such Committee or the Rules of the committees may be reassigned or discharged investigation of a particular person, entity, House. by the Chairman. or subject, no member of the Committee Copies of the executed oath (or affirma- staff shall knowingly divulge to any person RULE XII.—SUBPOENAS; COUNSEL. tion) shall be retained by the Clerk of the any information, including non-classified in- (A) Authorization.—The power to authorize Committee as part of the records of the Com- formation, which comes into his or her pos- and issue subpoenas is delegated to the mittee. session by virtue of his or her status as a (F) Disciplinary Action.—The Chairman Chairman of the Full Committee, as pro- member of the Committee staff, if the mem- vided for under clause 2(m)(3)(A)(i) of Rule shall immediately consider disciplinary ac- ber of the Committee staff has a reasonable tion in the event any Committee Member or XI of the Rules of the House of Representa- expectation that such information may alert tives. The Chairman shall notify the Rank- Committee staff member fails to conform to the subject of a Committee investigation to the provisions of these rules governing the ing Minority Member prior to issuing any the existence, nature, or substance of such subpoena under such authority. To the ex- disclosure of classified or unclassified infor- investigation, unless authorized to do so by mation. Such disciplinary action may in- tent practicable, the Chairman shall consult the Chairman or the Committee. with the Ranking Minority Member at least clude, but shall not be limited to, immediate RULE XIV.—CLASSIFIED AND CONTROLLED 24 hours in advance of a subpoena being dismissal from the Committee staff, criminal UNCLASSIFIED INFORMATION. issued under such authority, excluding Sat- referral to the Justice Department, and noti- urdays, Sundays, and Federal holidays. The (A) Security Precautions.—Committee staff fication of the Speaker of the House. With Chairman of the Full Committee shall notify offices, including Majority and Minority of- respect to Minority staff, the Chairman shall Members of the Committee of the authoriza- fices, shall operate under strict security pre- consider such disciplinary action in con- tion and issuance of a subpoena under this cautions administered by the Security Offi- sultation with the Ranking Minority Mem- rule as soon as practicable, but in no event cer of the Committee. A security officer ber. later than one week after service of such shall be on duty at all times during normal RULE XV.—COMMITTEE RECORDS. office hours. Classified documents and con- subpoena. (A) Committee Records.— House Rule XI 2(e) trolled unclassified information (CUI) for- (B) Disclosure.—Provisions may be included is hereby incorporated by reference. merly known as sensitive but unclassified in a subpoena with the concurrence of the (B) Legislative Calendar.—The Clerk of the (SBU) information may be destroyed, dis- Chairman and the Ranking Minority Member Committee shall maintain a printed calendar cussed, examined, handled, reviewed, stored, of the Full Committee, or by the Committee, for the information of each Committee Mem- transported and used only in an appro- to prevent the disclosure of the Full Com- ber showing any procedural or legislative priately secure manner in accordance with mittee’s demands for information when measures considered or scheduled to be con- all applicable laws, executive orders, and deemed necessary for the security of infor- sidered by the Committee, and the status of mation or the progress of an investigation, other governing authorities. Such documents may be removed from the Committee’s of- such measures and such other matters as the including but not limited to prohibiting the fices only in furtherance of official Com- Committee determines shall be included. The revelation by witnesses and their counsel of mittee business. Appropriate security proce- calendar shall be revised from time to time Full Committee’s inquiries. to show pertinent changes. A copy of such re- (C) Subpoena duces tecum.—A subpoena dures, as determined by the Chairman in consultation with the Ranking Minority visions shall be made available to each Mem- duces tecum may be issued whose return to ber of the Committee upon request. the Committee Clerk shall occur at a time Member, shall govern the handling of such documents removed from the Committee’s (C) Members Right To Access.—Members of and place other than that of a regularly the Committee and of the House shall have scheduled meeting. offices. (B) Temporary Custody of Executive Branch access to all official Committee Records. Ac- (D) Counsel.—When representing a witness Material.—Executive branch documents or cess to Committee files shall be limited to or entity before the Committee in response other materials containing classified infor- examination within the Committee offices at to a document request, request for tran- mation in any form that were not made part reasonable times. Access to Committee scribed interview, or subpoena from the of the record of a Committee hearing, did not Records that contain classified information Committee, or in connection with testimony originate in the Committee or the House, shall be provided in a manner consistent before the Committee at a hearing, counsel and are not otherwise records of the Com- with these rules. for the witness or entity must promptly sub- mittee shall, while in the custody of the (D) Removal of Committee Records.—Files mit to the Committee a notice of appearance Committee, be segregated and maintained by and records of the Committee are not to be specifying the following: (a) counsel’s name, the Committee in the same manner as Com- removed from the Committee offices. No firm or organization, and contact informa- mittee records that are classified. Such doc- Committee files or records that are not made tion; and (b) each client represented by the uments and other materials shall be re- publicly available shall be photocopied by counsel in connection with the proceeding. turned to the Executive branch agency from any Member. Submission of a notice of appearance con- which they were obtained at the earliest (E) Executive Session Records.—Evidence or stitutes acknowledgement that counsel is practicable time. testimony received by the Committee in ex- authorized to accept service of process by (C) Access by Committee Staff.—Access to ecutive session shall not be released or made the Committee on behalf of such client(s), classified information supplied to the Com- available to the public unless authorized by and that counsel is bound by and agrees to mittee shall be limited to Committee staff the Committee, a majority being present. comply with all applicable House and Com- members with appropriate security clear- Such information may be made available to mittee rules and regulations. ances and a need-to-know, as determined by appropriate government personnel for pur- RULE XIII.—COMMITTEE STAFF. the Chairman or Ranking Minority Member, poses of classification. Members may exam- (A) Generally.—Committee staff members and under the direction of the Majority or ine the Committee’s executive session are subject to the provisions of clause 9 of Minority Staff Directors. records, but may not make copies of, or take House Rule X and must be eligible to be con- (D) Maintaining Confidentiality.—No Com- personal notes from, such records. sidered for routine access to classified infor- mittee Member or Committee staff shall dis- (F) Availability of Committee Records.—The mation. close, in whole or in part or by way of sum- Committee shall keep a complete record of (B) Staff Assignments.—For purposes of mary, to any person who is not a Committee all Committee action including recorded these rules, Committee staff means the em- Member or authorized Committee staff for votes and attendance at hearings and meet- ployees of the Committee, detailees, fellows, any purpose or in connection with any pro- ings. Information so available for public in- or any other person engaged by contract or ceeding, judicial or otherwise, any testimony spection shall include a description of each otherwise to perform services for, or at the given before the Committee in executive ses- amendment, motion, order, or other propo- request of, the Committee. All such persons sion except for purposes of obtaining an offi- sition, including the name of the Member shall be either Majority, Minority, or shared cial classification of such testimony. Classi- who offered the amendment, motion, order, staff. The Chairman shall appoint, supervise, fied information and controlled unclassified or other proposition, and the name of each where applicable determine remuneration of, information (CUI) shall be handled in accord- Member voting for and each Member voting and may remove Majority staff. The Ranking ance with all applicable laws, executive or- against each such amendment, motion, Minority Member shall appoint, supervise, ders, and other governing authorities and order, or proposition, as well as the names of where applicable determine remuneration of, consistently with the provisions of these those Members present but not voting. Such and may remove Minority staff. In consulta- rules and Committee procedures. record shall be made available to the public tion with the Ranking Minority Member, the (E) Oath.—Before a Committee Member or at reasonable times within the Committee Chairman may appoint, supervise, determine Committee staff may have access to classi- offices and also made publicly available in

VerDate Sep 11 2014 03:31 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A01FE7.025 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE February 1, 2017 CONGRESSIONAL RECORD — HOUSE H875 electronic form and posted on the official 448. A letter from the Chief, Publications H.R. 787. A bill to amend the Help America Committee web site within 48 hours of such and Regulations Branch, Internal Revenue Vote Act of 2002 to promote early voting in record vote. Service, transmitting the Service’s IRB only elections for Federal office and to prevent (G) Separate and Distinct.—All Committee rule — Section 5000A Hardship Exemption for unreasonable waiting times for voters at records and files must be kept separate and HCTC-eligible Individuals (Notice 2017-14) re- polling places used in such elections, and for distinct from the office records of the Mem- ceived January 27, 2017, pursuant to 5 U.S.C. other purposes; to the Committee on House bers serving as Chairman and Ranking Mi- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Administration. nority Member. Records and files of Mem- Stat. 868); to the Committee on Ways and By Mr. HUNTER (for himself, Ms. CHE- bers’ personal offices shall not be considered Means. NEY, Mr. WITTMAN, Mr. YOUNG of records or files of the Committee. Alaska, Mr. WALZ, Mr. KINZINGER, f (H) Disposition of Committee Records.—At Mr. PALAZZO, Mr. WESTERMAN, Mr. the conclusion of each Congress, non-current PUBLIC BILLS AND RESOLUTIONS ABRAHAM, Mr. COMER, Mr. SESSIONS, records of the Committee shall be delivered Mr. KELLY of Pennsylvania, Mr. MAR- to the Archivist of the United States in ac- Under clause 2 of rule XII, public SHALL, Mr. LATTA, Mr. FARENTHOLD, cordance with Rule VII of the Rules of the bills and resolutions of the following Mr. JOHNSON of Ohio, Mr. MAST, Mr. House. titles were introduced and severally re- GOSAR, Mr. LAMALFA, Mr. WELCH, (I) Archived Records.—The records of the ferred, as follows: Mr. LAMBORN, Mr. CUELLAR, Mr. Committee at the National Archives and By Mr. SCALISE (for himself and Mr. PEARCE, and Mr. POLIS): Records Administration shall be made avail- JODY B. HICE of Georgia): H.R. 788. A bill to amend the Pittman-Rob- able for public use in accordance with Rule H.R. 781. A bill to amend the Internal Rev- ertson Wildlife Restoration Act to facilitate VII of the Rules of the House. The Chairman enue Code of 1986 to allow charitable organi- the establishment of additional or expanded shall notify the Ranking Minority Member zations to make statements relating to polit- public target ranges in certain States; to the of any decision, pursuant to clause 3(b)(3) or ical campaigns if such statements are made Committee on Natural Resources, and in ad- clause 4(b) of the Rule, to withhold a record in the ordinary course of carrying out its tax dition to the Committee on the Judiciary, otherwise available, and the matter shall be exempt purpose; to the Committee on Ways for a period to be subsequently determined presented to the Committee for a determina- and Means. by the Speaker, in each case for consider- tion on the written request of any member of By Mr. MCHENRY (for himself and Ms. ation of such provisions as fall within the ju- the Committee. The Chairman shall consult MENG): risdiction of the committee concerned. with the Ranking Minority Member on any H.R. 782. A bill to amend the Internal Rev- By Mr. BUDD (for himself, Mr. SAN- communication from the Archivist of the enue Code of 1986 to increase the amount ex- FORD, Mr. MEADOWS, Mrs. BLACK, and United States or the Clerk of the House con- cluded from gross income for employer-pro- Mr. GOHMERT): cerning the disposition of noncurrent records vided dependent care assistance; to the Com- H.R. 789. A bill to amend the Foreign As- pursuant to clause 3(b) of the Rule. mittee on Ways and Means. sistance Act of 1961 to limit assistance to the RULE XVI.—COMMITTEE RULES. By Mr. LOBIONDO (for himself and Mr. Palestinian Authority and the Palestine Lib- (A) Availability of Committee Rules in Elec- PALLONE): eration Organization, and for other purposes; tronic Form.—House Rule XI 2(a) is hereby in- H.R. 783. A bill to amend chapter 178 of to the Committee on Foreign Affairs. corporated by reference. title 28 of the United States Code to permit By Ms. KAPTUR (for herself, Mr. (B) Changes to Committee Rules.—These during a 4-year period States to enact stat- LYNCH, Mr. RYAN of Ohio, Mr. POCAN, rules may be modified, amended, or repealed utes that exempt from the operation of such Ms. DELAURO, Ms. NORTON, Ms. SCHA- by the Full Committee provided that a no- chapter, lotteries, sweepstakes, and other KOWSKY, Mr. MICHAEL F. DOYLE of tice in writing of the proposed change has betting, gambling, or wagering schemes in- Pennsylvania, Ms. SLAUGHTER, Mr. been given to each Member at least 48 hours volving professional and amateur sports; to JONES, Mr. WELCH, Mrs. WATSON prior to the meeting at which action thereon the Committee on the Judiciary. COLEMAN, Mr. SERRANO, Mr. LIPINSKI, is to be taken and such changes are not in- By Mr. PALLONE (for himself and Mr. Mr. GARAMENDI, Ms. SPEIER, Mr. consistent with the Rules of the House of LOBIONDO): ELLISON, Mr. CONYERS, Ms. GABBARD, Representatives. H.R. 784. A bill to amend title 28 of the Mr. GRIJALVA, Mr. TONKO, Mr. United States Code to exclude the State of MCGOVERN, Mr. DEFAZIO, Ms. LEE, f New Jersey from the prohibition on profes- Mr. CAPUANO, Ms. PINGREE, and Ms. ADJOURNMENT sional and amateur sports gambling to the FUDGE): extent approved by the legislature of the Mr. KING of Iowa. Mr. Speaker, I H.R. 790. A bill to repeal certain provisions State; to the Committee on the Judiciary. of the Gramm-Leach-Bliley Act and revive move that the House do now adjourn. By Mr. KING of Iowa (for himself and the separation between commercial banking The motion was agreed to; accord- Mr. WILSON of South Carolina): and the securities business, in the manner ingly (at 6 o’clock and 50 minutes H.R. 785. A bill to preserve and protect the provided in the Banking Act of 1933, the so- p.m.), under its previous order, the free choice of individual employees to form, called ‘‘Glass-Steagall Act’’, and for other House adjourned until tomorrow, join, or assist labor organizations, or to re- purposes; to the Committee on Financial frain from such activities; to the Committee Thursday, February 2, 2017, at 10 a.m. Services. on Education and the Workforce. By Mr. CARSON of Indiana: for morning-hour debate. By Mr. YARMUTH (for himself, Ms. H.R. 791. A bill to posthumously award a SLAUGHTER, Mr. CONNOLLY, Ms. f Congressional gold medal to Muhammad Ali, DEGETTE, Ms. MCCOLLUM, Mr. TONKO, in recognition of his contributions to the Na- EXECUTIVE COMMUNICATIONS, Mr. CARTWRIGHT, Ms. SCHAKOWSKY, tion; to the Committee on Financial Serv- ETC. Ms. NORTON, Mr. BEYER, Mr. GRI- ices. JALVA, Mr. DEFAZIO, Ms. LEE, Mr. Under clause 2 of rule XIV, executive By Mr. KELLY of Pennsylvania (for SCHIFF, Mr. BLUMENAUER, and Mr. himself and Mr. MICHAEL F. DOYLE of communications were taken from the MCNERNEY): Speaker’s table and referred as follows: H.R. 786. A bill to place a moratorium on Pennsylvania): 446. A letter from the Acting Commis- permitting for mountaintop removal coal H.R. 792. A bill to amend the Internal Rev- sioner, Social Security Administration, mining until health studies are conducted by enue Code of 1986 to extend and modify the transmitting notification that the Adminis- the Department of Health and Human Serv- section 45 credit for refined coal from steel tration has made a determination to con- ices, and for other purposes; to the Com- industry fuel, and for other purposes; to the tract with Equifax and ADP to obtain wage mittee on Natural Resources, and in addition Committee on Ways and Means. information from payroll data providers for to the Committees on Transportation and In- By Mr. LARSEN of Washington (for the Supplemental Security Income and So- frastructure, and Energy and Commerce, for himself, Mr. AGUILAR, Mr. CARBAJAL, cial Security Disability Insurance programs, a period to be subsequently determined by Mr. CONNOLLY, Mr. COOPER, Mr. pursuant to Sec. 6.302-7(c)(2) of the Federal the Speaker, in each case for consideration COURTNEY, Ms. DELBENE, Mr. Acquisition Regulations; to the Committee of such provisions as fall within the jurisdic- GARAMENDI, Mr. HECK, Mr. KILMER, on Oversight and Government Reform. tion of the committee concerned. Mr. O’HALLERAN, Mr. PERLMUTTER, 447. A letter from the Secretary, Securities By Mr. COHEN (for himself, Mr. CUM- Mr. WALZ, and Mr. MCGOVERN): and Exchange Commission, transmitting the MINGS, Mr. GARAMENDI, Mr. GRI- H.R. 793. A bill to amend the National Se- Commission’s final rule — Adjustments to JALVA, Ms. KAPTUR, Mr. MEEKS, Ms. curity Act of 1947 to provide for additional Civil Monetary Penalty Amounts [Release MOORE, Ms. NORTON, Ms. WASSERMAN requirements relating to the regular Nos.: 33-10276; 34-79749; IA-4599; IC-32414] re- SCHULTZ, Mr. DEUTCH, Mr. ELLISON, attendees of meetings of the National Secu- ceived January 30, 2017, pursuant to 5 U.S.C. Ms. EDDIE BERNICE JOHNSON of Texas, rity Council and bodies thereof; to the Com- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Mr. VEASEY, Mr. POCAN, Mr. TAKANO, mittee on Armed Services, and in addition to Stat. 868); to the Committee on the Judici- Mr. MCGOVERN, and Mr. RYAN of the Committees on Foreign Affairs, and In- ary. Ohio): telligence (Permanent Select), for a period

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to be subsequently determined by the Speak- a period to be subsequently determined by gia, Mr. MCCARTHY, Mr. CUELLAR, er, in each case for consideration of such pro- the Speaker, in each case for consideration Mr. SCALISE, Mr. COSTA, Mr. CRAMER, visions as fall within the jurisdiction of the of such provisions as fall within the jurisdic- Mr. LONG, Mr. JENKINS of West Vir- committee concerned. tion of the committee concerned. ginia, Mr. BURGESS, Mr. RENACCI, Mr. By Mr. BRADY of Pennsylvania (for By Mr. HUFFMAN (for himself, Mr. HENSARLING, Mr. MCKINLEY, Mr. himself, Mr. HOYER, Ms. LOFGREN, POCAN, and Mr. NOLAN): GUTHRIE, Mr. BUCSHON, Mr. JOHNSON and Mr. RASKIN): H.R. 800. A bill to establish the Office of of Ohio, Mr. WEBER of Texas, and Mr. H.R. 794. A bill to amend the Help America Rural Broadband Initiatives within the De- BABIN): Vote Act of 2002 to reauthorize and improve partment of Agriculture, to preserve open H.R. 806. A bill to facilitate efficient State the operation of the Election Assistance internet requirements, and for other pur- implementation of ground-level ozone stand- Commission, to provide funds to States to poses; to the Committee on Agriculture, and ards, and for other purposes; to the Com- make security upgrades to voter registration in addition to the Committees on Natural mittee on Energy and Commerce. lists and processes, and for other purposes; Resources, and Energy and Commerce, for a By Mr. PAULSEN (for himself, Mr. to the Committee on House Administration, period to be subsequently determined by the KIND, Mrs. BLACKBURN, Ms. MATSUI, and in addition to the Committee on Speaker, in each case for consideration of Mr. MEEHAN, Ms. DELBENE, Mrs. Science, Space, and Technology, for a period such provisions as fall within the jurisdic- RADEWAGEN, Mr. RYAN of Ohio, Mr. to be subsequently determined by the Speak- tion of the committee concerned. ELLISON, Mr. RUPPERSBERGER, Mr. er, in each case for consideration of such pro- By Mr. LAHOOD (for himself, Mrs. CICILLINE, Mrs. COMSTOCK, Ms. JEN- visions as fall within the jurisdiction of the NAPOLITANO, Mr. RODNEY DAVIS of Il- KINS of Kansas, Mr. STEWART, Mr. committee concerned. linois, Mr. LIPINSKI, Mr. SCHIFF, Ms. THOMPSON of Pennsylvania, Mr. MUR- UDY HU ORRES By Mr. RODNEY DAVIS of Illinois (for J C of California, Mrs. T , PHY of Pennsylvania, Mr. CARTER of and Mr. KINZINGER): himself, Mr. PETERS, Ms. STEFANIK, Georgia, Ms. MICHELLE LUJAN GRIS- H.R. 801. A bill to amend the National Mr. POLIS, Mr. MACARTHUR, Ms. PIN- HAM of New Mexico, Ms. MCCOLLUM, Trails System Act to designate the Route 66 GREE, Mr. CRAWFORD, Mr. BLU- Mr. KELLY of Pennsylvania, Mr. National Historic Trail, and for other pur- MENAUER, Mr. ELLISON, Mr. VARGAS, JOYCE of Ohio, Mr. BLUMENAUER, Mr. poses; to the Committee on Natural Re- Mr. BEYER, Mr. SWALWELL of Cali- sources. BARLETTA, Mrs. NAPOLITANO, Mr. fornia, Mr. ROUZER, Mr. BLUM, Mr. By Mr. MEADOWS: FOSTER, Mr. SESSIONS, Mr. CARSON of NOLAN, Mr. YOUNG of Iowa, Mr. H.R. 802. A bill to prohibit Senegal from re- Indiana, Mr. SWALWELL of California, BUCSHON, Mrs. LAWRENCE, Mr. TED ceiving certain forms of development assist- Mr. PASCRELL, Mr. LARSON of Con- LIEU of California, Ms. KUSTER of ance for a two-year period and make avail- necticut, Ms. SLAUGHTER, Ms. ROY- New Hampshire, Mr. HIMES, Mr. COS- able such assistance to Rwanda and Uganda, BAL-ALLARD, Ms. FRANKEL of Florida, TELLO of Pennsylvania, and Ms. and for other purposes; to the Committee on Ms. BROWNLEY of California, Mr. KIL- BROWNLEY of California): Foreign Affairs. DEE, Mr. POCAN, Mrs. WAGNER, Mr. H.R. 795. A bill to amend the Internal Rev- By Ms. MENG: HECK, Ms. JUDY CHU of California, enue Code of 1986 to extend the exclusion for H.R. 803. A bill to direct the United States Mr. MARINO, Mr. YOUNG of Alaska, employer-provided educational assistance to Postal Service to designate a single, unique Mr. LANGEVIN, Mr. COSTELLO of Penn- employer payments of qualified education ZIP Code for Glendale, New York; to the sylvania, Mr. WILSON of South Caro- loans; to the Committee on Ways and Means. Committee on Oversight and Government lina, Mr. ABRAHAM, Mr. LOWENTHAL, By Mr. DESANTIS: Reform. and Mr. POLIQUIN): H.R. 796. A bill to amend title 18, United By Mrs. MURPHY of Florida (for her- H.R. 807. A bill to amend title XVIII of the States Code, to establish a uniform 5-year self, Ms. VELA´ ZQUEZ, Mr. BEYER, Mr. Social Security Act to repeal the Medicare post-employment ban on the lobbying of any HIGGINS of New York, Ms. CLARKE of outpatient rehabilitation therapy caps, and officer or employee of the executive branch New York, Ms. CLARK of Massachu- for other purposes; to the Committee on En- or any Member, officer, or employee of Con- setts, Ms. BORDALLO, Mr. BLU- ergy and Commerce, and in addition to the gress by former executive branch officials MENAUER, Ms. MENG, Mr. SCOTT of Committee on Ways and Means, for a period and former Members, officers, and employees Virginia, Mr. MOULTON, Ms. MCCOL- to be subsequently determined by the Speak- of Congress, to establish a lifetime post-em- LUM, Mr. VARGAS, Ms. MOORE, Mr. er, in each case for consideration of such pro- ployment ban on lobbying on behalf of for- SCHRADER, Ms. ROSEN, Ms. LEE, Mr. visions as fall within the jurisdiction of the eign governments by former senior executive FOSTER, Mr. GARAMENDI, Mr. committee concerned. branch officials, and for other purposes; to CA´ RDENAS, Ms. SHEA-PORTER, Mr. By Mr. ROSKAM (for himself, Mr. the Committee on the Judiciary, and in addi- KIND, Mr. JOHNSON of Georgia, Ms. LANCE, Mr. ZELDIN, and Mr. LAM- tion to the Committee on House Administra- CASTOR of Florida, Mr. TONKO, Mr. BORN): tion, for a period to be subsequently deter- SERRANO, Mr. WELCH, Ms. SPEIER, Mr. H.R. 808. A bill to impose nonnuclear sanc- mined by the Speaker, in each case for con- CUELLAR, Ms. PINGREE, Mr. CICILLINE, tions with respect to Iran, and for other pur- sideration of such provisions as fall within Ms. BONAMICI, Mr. TED LIEU of Cali- poses; to the Committee on Foreign Affairs, the jurisdiction of the committee concerned. fornia, Mr. NADLER, Mr. BEN RAY and in addition to the Committees on Finan- ´ ´ By Miss GONZALEZ-COLON OF PUERTO LUJA´ N of New Mexico, Ms. MATSUI, cial Services, Ways and Means, the Judici- RICO: Mr. CROWLEY, Mr. HIMES, Mr. DEFA- ary, Intelligence (Permanent Select), and H.R. 797. A bill to amend title XIX of the ZIO, Mr. COHEN, Ms. SCHAKOWSKY, Mr. Oversight and Government Reform, for a pe- Social Security Act to remove the matching SOTO, Mr. COSTA, Mr. RUPPERS- riod to be subsequently determined by the requirement for a territory to use specially BERGER, Ms. SINEMA, Ms. JUDY CHU of Speaker, in each case for consideration of allocated Federal funds for Medicare covered California, Mr. MCGOVERN, Mr. KIL- such provisions as fall within the jurisdic- part D drugs for low-income individuals; to MER, Mr. RASKIN, Mr. BROWN of Mary- tion of the committee concerned. the Committee on Energy and Commerce. By Mr. ROSS: ´ ´ land, Mr. SMITH of Washington, Mr. By Miss GONZALEZ-COLON OF PUERTO POLIS, Mr. CORREA, Mr. EVANS, Ms. H.R. 809. A bill to amend title 38, United RICO: BROWNLEY of California, Ms. ROYBAL- States Code, to clarify presumptions of serv- H.R. 798. A bill to amend the Internal Rev- ALLARD, Mr. TAKANO, and Mr. ice-connection relating to the exposure to enue Code of 1986 to provide equitable treat- SWALWELL of California): herbicides of certain veterans who served in ment for residents of Puerto Rico with re- H.R. 804. A bill to amend the National Se- the Armed Forces during the Vietnam Era, spect to the refundable portion of the child curity Act of 1947 to protect the National Se- and for other purposes; to the Committee on tax credit and to provide the same treatment curity Council from political interference, Veterans’ Affairs. to families in Puerto Rico with one child or and for other purposes; to the Committee on By Mr. RUSH: two children that is currently provided to is- Armed Services, and in addition to the Com- H.R. 810. A bill to increase public safety by land families with three or more children; to mittees on Foreign Affairs, and Intelligence punishing and deterring firearms trafficking; the Committee on Ways and Means. (Permanent Select), for a period to be subse- to the Committee on the Judiciary. By Mr. HILL (for himself, Mr. RICH- quently determined by the Speaker, in each By Mr. RUSSELL (for himself, Mr. MOND, Mr. WALKER, Mr. WESTERMAN, case for consideration of such provisions as MEADOWS, and Mr. BLUMENAUER): and Mrs. LOVE): fall within the jurisdiction of the committee H.R. 811. A bill to amend the Internal Rev- H.R. 799. A bill to authorize the Attorney concerned. enue Code of 1986 to treat obligations financ- General, in consultation with the Secretary By Mr. NUNES (for himself and Mr. ing professional sports stadiums as private of Education, to establish a pilot program to VALADAO): activity bonds if such obligations meet the make grants to historically Black colleges H.R. 805. A bill to authorize the convey- private business use test; to the Committee and universities to provide educational pro- ance of and remove the reversionary interest on Ways and Means. grams to offenders who have recently been, of the United States in certain lands in the By Mr. RYAN of Ohio (for himself, Mr. or will soon be, released from incarceration, City of Tulare, California; to the Committee JOYCE of Ohio, Ms. FUDGE, Mrs. and for other purposes; to the Committee on on Natural Resources. BEATTY, Ms. KAPTUR, Ms. NORTON, Education and the Workforce, and in addi- By Mr. OLSON (for himself, Mr. FLO- Mr. CUMMINGS, Mr. COHEN, Ms. EDDIE tion to the Committee on the Judiciary, for RES, Mr. LATTA, Mr. BISHOP of Geor- BERNICE JOHNSON of Texas, Mr. SMITH

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of Washington, Mr. RICHMOND, Mr. By Mr. MULLIN (for himself, Mr. of California, Mr. SEAN PATRICK CONYERS, Ms. MOORE, Mr. CLAY, and GOSAR, Mr. GOHMERT, Mr. CRAMER, MALONEY of New York, Ms. MATSUI, Mr. SOTO): Mrs. BLACKBURN, Mrs. RADEWAGEN, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. H.R. 812. A bill to award a Congressional Mr. CARTER of Georgia, Mr. COLLINS MENG, Mrs. MURPHY of Florida, Mrs. Gold Medal to Simeon Booker in recognition of Georgia, Mr. SESSIONS, Mr. BIGGS, NAPOLITANO, Mr. NEAL, Mr. PAS- of his achievements in the field of jour- Mr. FRANCIS ROONEY of Florida, Mr. CRELL, Ms. PINGREE, Mr. RICHMOND, nalism, including reporting during the Civil NEWHOUSE, Mr. PERRY, Mr. HIGGINS of Ms. ROSEN, Mr. RYAN of Ohio, Ms. Rights movement, as well as social and polit- Louisiana, Mr. TIPTON, and Mr. SCHAKOWSKY, Mr. SCHNEIDER, Mr. ical commentary; to the Committee on Fi- ADERHOLT): SERRANO, Mr. SIRES, Mr. SUOZZI, Mr. nancial Services. H.J. Res. 59. A joint resolution providing SWALWELL of California, Mr. TAKANO, ´ By Ms. SANCHEZ (for herself, Ms. ROY- for congressional disapproval under chapter 8 Mr. TONKO, Ms. TSONGAS, Ms. BAL-ALLARD, Mr. BLUMENAUER, Ms. of title 5, United States Code, of the rule VELA´ ZQUEZ, Ms. WASSERMAN SINEMA, Mr. NADLER, Mr. TAKANO, submitted by the Environmental Protection SCHULTZ, Mrs. BUSTOS, Mr. DEUTCH, Mr. LARSEN of Washington, Mr. Agency relating to ‘‘Accidental Release Pre- Mr. VELA, Mr. SOTO, Mr. SMITH of NOLAN, Mr. SOTO, Mr. POLIS, Mr. vention Requirements: Risk Management Washington, Mr. AGUILAR, Mr. CICILLINE, Ms. PINGREE, Mr. VELA, Programs under the Clean Air Act‘‘; to the COURTNEY, Mr. QUIGLEY, Mr. POCAN, ASTOR ONZALEZ Ms. C of Florida, Mr. G Committee on Energy and Commerce. Mr. NOLAN, Mr. O’HALLERAN, Mr. of Texas, Ms. JUDY CHU of California, By Mrs. BEATTY (for herself, Mr. BRADY of Pennsylvania, Mrs. DIN- Mr. GARAMENDI, Mrs. TORRES, Mr. BUTTERFIELD, Ms. NORTON, Mr. GRI- GELL, Ms. TITUS, Ms. KELLY of Illi- SWALWELL of California, Mr. JALVA, Mr. CONYERS, Mr. MEEKS, Ms. nois, Mr. NORCROSS, Mr. POLIS, Mr. DESAULNIER, Mr. GRIJALVA, Mr. MOORE, Mr. CLEAVER, Mr. LEWIS of DESAULNIER, Mr. NADLER, Mr. PA- AGUILAR, Ms. EDDIE BERNICE JOHNSON Georgia, Mr. AL GREEN of Texas, Mr. NETTA, Mr. HASTINGS, Mr. BRENDAN of Texas, Mr. HIMES, Ms. ADAMS, Mr. CLAY, and Mr. RYAN of Ohio): F. BOYLE of Pennsylvania, Mrs. LANGEVIN, Mr. MCNERNEY, Ms. SHEA- H. Con. Res. 16. Concurrent resolution ex- TORRES, Mr. BISHOP of Georgia, Mr. PORTER, Ms. WILSON of Florida, Mr. pressing the sense of Congress that a com- BEN RAY LUJA´ N of New Mexico, Mr. PETERS, Mr. BEYER, Mr. LIPINSKI, Mr. memorative postage stamp should be issued KILMER, Mr. KEATING, Miss RICE of COURTNEY, Ms. LEE, Mr. LOWENTHAL, in honor of the Buffalo Soldiers; to the Com- New York, Ms. DELBENE, and Mr. Mr. AL GREEN of Texas, Mr. KILDEE, mittee on Oversight and Government Re- GRIJALVA): Mr. SEAN PATRICK MALONEY of New form. H. Res. 78. A resolution reiterating the in- York, Ms. MOORE, Mr. MEEKS, Mr. By Mr. AL GREEN of Texas (for him- disputable fact that the Nazi regime targeted ´ DAMS, Ms. BASS, Mrs. RUSH, Mr. CARDENAS, Mr. YARMUTH, self, Ms. A the Jewish people in its perpetration of the BEATTY, Mr. BISHOP of Georgia, Ms. Mr. BRENDAN F. BOYLE of Pennsyl- Holocaust and calling on every entity in the BLUNT ROCHESTER, Mr. BROWN of vania, Mr. DEFAZIO, Mr. VARGAS, Mr. executive branch to affirm that fact; to the Maryland, Mr. BUTTERFIELD, Mr. THOMPSON of California, Ms. CLARK of Committee on Foreign Affairs. CARSON of Indiana, Ms. CLARKE of Massachusetts, Ms. KUSTER of New By Mr. AL GREEN of Texas (for him- Hampshire, Mr. SMITH of Washington, New York, Mr. CLAY, Mr. CLEAVER, self, Ms. ADAMS, Ms. BASS, Mrs. Mr. DELANEY, Mr. SERRANO, Ms. LOF- Mr. CLYBURN, Mr. CONYERS, Mr. CUM- BEATTY, Mr. BISHOP of Georgia, Ms. GREN, Mr. PERLMUTTER, Mr. BEN RAY MINGS, Mr. DANNY K. DAVIS of Illi- BLUNT ROCHESTER, Mr. BROWN of LUJA´ N of New Mexico, Mr. POCAN, Mr. nois, Mrs. DEMINGS, Mr. ELLISON, Mr. Maryland, Mr. BUTTERFIELD, Mr. GENE GREEN of Texas, Mr. BERA, Mr. EVANS, Ms. FUDGE, Mr. HASTINGS, Ms. CARSON of Indiana, Ms. CLARKE of KENNEDY, Mrs. NAPOLITANO, Mr. CON- JACKSON LEE, Mr. JEFFRIES, Ms. New York, Mr. CLAY, Mr. CLEAVER, YERS, Mr. TED LIEU of California, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. Mr. CLYBURN, Mr. CONYERS, Mr. CUM- KIND, and Mr. DEUTCH): JOHNSON of Georgia, Ms. KELLY of Il- MINGS, Mr. DANNY K. DAVIS of Illi- H.R. 813. A bill to restore access to year- linois, Mrs. LAWRENCE, Mr. LAWSON nois, Mrs. DEMINGS, Mr. ELLISON, Mr. round Federal Pell Grants; to the Committee of Florida, Ms. LEE, Mr. LEWIS of EVANS, Ms. FUDGE, Mr. HASTINGS, Ms. on Education and the Workforce. Georgia, Mr. MCEACHIN, Mr. MEEKS, JACKSON LEE, Mr. JEFFRIES, Ms. By Mr. ZELDIN: Ms. MOORE, Ms. NORTON, Mr. PAYNE, EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 814. A bill to amend title 38, United Ms. PLASKETT, Mr. RICHMOND, Mr. JOHNSON of Georgia, Ms. KELLY of Il- States Code, to clarify that the estate of a RUSH, Mr. DAVID SCOTT of Georgia, linois, Mrs. LAWRENCE, Mr. LAWSON deceased veteran may receive certain ac- Mr. SCOTT of Virginia, Ms. SEWELL of of Florida, Ms. LEE, Mr. LEWIS of crued benefits upon the death of the veteran, Alabama, Mr. THOMPSON of Mis- Georgia, Mr. MCEACHIN, Mr. MEEKS, and for other purposes; to the Committee on sissippi, Mr. VEASEY, Ms. MAXINE Ms. MOORE, Ms. NORTON, Mr. PAYNE, Veterans’ Affairs. WATERS of California, Mrs. WATSON Ms. PLASKETT, Mr. RICHMOND, Mr. By Mr. ZELDIN: COLEMAN, and Ms. WILSON of Florida): RUSH, Mr. DAVID SCOTT of Georgia, H.R. 815. A bill to amend title 38, United H. Con. Res. 17. Concurrent resolution hon- Mr. SCOTT of Virginia, Ms. SEWELL of States Code, to adjust certain limits on the oring and praising the National Association Alabama, Mr. THOMPSON of Mis- guaranteed amount of a home loan under the for the Advancement of Colored People on home loan program of the Department of the occasion of its 108th anniversary; to the sissippi, Mr. VEASEY, Ms. MAXINE Veterans Affairs; to the Committee on Vet- Committee on the Judiciary. WATERS of California, Mrs. WATSON erans’ Affairs. By Mr. MEEHAN (for himself and Mr. COLEMAN, and Ms. WILSON of Florida): By Mr. PEARCE (for himself, Mr. H. Res. 79. A resolution recognizing the sig- DEUTCH): GOSAR, Mr. STEWART, Mrs. H. Con. Res. 18. Concurrent resolution per- nificance of Black History Month; to the RADEWAGEN, Mr. CRAMER, Mr. GOH- mitting the use of the rotunda of the Capitol Committee on Education and the Workforce. MERT, Mr. NEWHOUSE, Mr. BIGGS, Mr. for a ceremony as part of the commemora- By Mr. THORNBERRY (for himself and WESTERMAN, and Mr. LAMBORN): tion of the days of remembrance of victims Mr. SMITH of Washington): H.J. Res. 56. A joint resolution providing of the Holocaust; to the Committee on House H. Res. 80. A resolution providing amounts for congressional disapproval under chapter 8 Administration. for the expenses of the Committee on Armed of title 5, United States Code, of the final By Mr. CROWLEY (for himself, Mrs. Services in the One Hundred Fifteenth Con- rule of the Bureau of Land Management re- LOWEY, Mr. ENGEL, Mrs. BEATTY, Mr. gress; to the Committee on House Adminis- lating to ‘‘Onshore Oil and Gas Operations; BEYER, Mr. BLUMENAUER, Ms. tration. Federal and Indian Oil and Gas Leases; Site BONAMICI, Mr. BROWN of Maryland, By Mr. WALDEN: Security‘‘; to the Committee on Natural Re- Ms. BROWNLEY of California, Mr. H. Res. 81. A resolution providing amounts sources. CA´ RDENAS, Ms. CASTOR of Florida, for the expenses of the Committee on Energy By Mr. ROKITA: and Commerce in the One Hundred Fifteenth H.J. Res. 57. A joint resolution providing Mr. CASTRO of Texas, Mr. CICILLINE, Ms. CLARK of Massachusetts, Ms. Congress; to the Committee on House Ad- for congressional disapproval under chapter 8 ministration. of title 5, United States Code, of the rule CLARKE of New York, Mr. COHEN, Mr. submitted by the Department of Education DANNY K. DAVIS of Illinois, Ms. f relating to accountability and State plans DELAURO, Mr. ELLISON, Mr. ESPAILLAT, Mr. EVANS, Mr. FOSTER, CONSTITUTIONAL AUTHORITY under the Elementary and Secondary Edu- STATEMENT cation Act of 1965; to the Committee on Edu- Ms. FRANKEL of Florida, Mr. cation and the Workforce. GOTTHEIMER, Mr. GENE GREEN of Pursuant to clause 7 of rule XII of By Mr. GUTHRIE: Texas, Ms. MICHELLE LUJAN GRISHAM the Rules of the House of Representa- H.J. Res. 58. A joint resolution providing of New Mexico, Mr. HECK, Mr. HIG- tives, the following statements are sub- GINS of New York, Ms. JACKSON LEE, for congressional disapproval under chapter 8 mitted regarding the specific powers of title 5, United States Code, of the rule Mr. LEWIS of Georgia, Ms. KAPTUR, submitted by the Department of Education Mr. KENNEDY, Mr. KHANNA, Mr. KIL- granted to Congress in the Constitu- relating to teacher preparation issues; to the DEE, Mr. LARSEN of Washington, Mrs. tion to enact the accompanying bill or Committee on Education and the Workforce. LAWRENCE, Mr. LEVIN, Mr. TED LIEU joint resolution.

VerDate Sep 11 2014 03:31 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\L01FE7.100 H01FEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H878 CONGRESSIONAL RECORD — HOUSE February 1, 2017 By Mr. SCALISE: By Mr. LARSEN of Washington: Article 1, Section 8 of the U.S. Constitu- H.R. 781. H.R. 793. tion. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mrs. MURPHY of Florida: lation pursuant to the following: lation pursuant to the following: H.R. 804. The First Amendment guarantees both free As described in Article I, Section 1, ‘‘all Congress has the power to enact this legis- speech and the free exercise of religion. legislative powers herein granted shall be lation pursuant to the following: The Free Speech Fairness Act restores vested in a Congress of the United States, Congress has the power to enact the Pro- these fundamental liberties to churches and which shall consist of a Senate and House of tect the National Security Council from Po- nonprofits. Representatives.’’ litical Interference Act of 2017 pursuant to By Mr. MCHENRY: By Mr. BRADY of Pennsylvania: Article I, Section 8, Clause 18, the Necessary H.R. 782. H.R. 794. and Proper Clause. The Necessary and Prop- Congress has the power to enact this legis- Congress has the power to enact this legis- er Clause supports the expansion of congres- lation pursuant to the following: lation pursuant to the following: sional authority beyond the explicit authori- Article 1, Section 8, Clause 1 This proposal is introduced pursuant to Ar- ties that are directly discernible from the By Mr. LOBIONDO: ticle I. text. Additionally, the Preamble to the Con- H.R. 783. By Mr. RODNEY DAVIS of Illinois: stitution provides support of the authority Congress has the power to enact this legis- H.R. 795. to enact legislation to promote the General lation pursuant to the following: Congress has the power to enact this legis- Welfare. The Congress enacts this bill pursuant to lation pursuant to the following: Section 8 or Article 1 of the United States By Mr. NUNES: Article I, Section 8, Clause 1 of, and the H.R. 805. Constitution. sixteenth Amendment to, the United States Congress has the power to enact this legis- By Mr. PALLONE: Constitution. H.R. 784. lation pursuant to the following: By Mr. DESANTIS: Clause 1 of section 8 of article I of the Con- Congress has the power to enact this legis- H.R. 796. lation pursuant to the following: stitution of the United States. Congress has the power to enact this legis- By Mr. OLSON: Article 1, Section VIII. lation pursuant to the following: By Mr. KING of Iowa: H.R. 806. Article I, Section 5, Clause 2 (Each House Congress has the power to enact this legis- H.R. 785. may determine the Rules of its Proceedings, Congress has the power to enact this legis- lation pursuant to the following: punish its Members for disorderly Behavior, lation pursuant to the following: Article 1, Section 8, Clause 3 of the Con- and, with the Concurrence of two thirds, This act erases the forced-dues clauses in stitution of the United States expel a Member). the National Labor Relations Act (NLRA) By Mr. PAULSEN: By Miss GONZA´ LEZ-COLO´ N of Puerto and Railway Labor Act (RLA). As such, this H.R. 807. Rico: bill makes specific changes to existing law in Congress has the power to enact this legis- H.R. 797. a manner that returns power to the States lation pursuant to the following: Congress has the power to enact this legis- and to the People, in accordance with Article 1, Section 8, Clause 1—to provide lation pursuant to the following: Amendment X of the United States Constitu- for the general welfare Article I, Section 1 of the U.S. Constitu- Article 1, Section 8, Clause 18—necessary tion. tion and proper clause By Mr. YARMUTH: ‘‘All legislative powers herein granted By Mr. ROSKAM: H.R. 786. shall be vested in a Congress of the United Congress has the power to enact this legis- H.R. 808. States, which shall consist of a Senate and lation pursuant to the following: Congress has the power to enact this legis- House of Representatives.’’ lation pursuant to the following: Article I Section 8 of the Constitution ´ ´ By Mr. COHEN: By Miss GONZALEZ-COLON of Puerto Article 1, Section 8 of the Constitution. H.R. 787. Rico: By Mr. ROSS: Congress has the power to enact this legis- H.R. 798. H.R. 809. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article I, Section 4 lation pursuant to the following: lation pursuant to the following: By Mr. HUNTER: Article I, Section 1 of the U.S. Constitu- Article I, Section 8, Clause 18 H.R. 788. tion By Mr. RUSH: Congress has the power to enact this legis- ‘‘All legislative powers herein granted H.R. 810. lation pursuant to the following: shall be vested in a Congress of the United Congress has the power to enact this legis- Article 1, Section 8, Clause 18: States, which shall consist of a Senate and lation pursuant to the following: The Congress shall have Power to . . . House of Representatives.’’ Article I, Section 8, Clause 3: ‘‘The Con- make all Laws which shall be necessary and By Mr. HILL: gress shall have power to . . . regulate com- proper for carrying into Execution the fore- H.R. 799. merce . . . among the several states. . .’’ going Powers, and all other Powers vested by Congress has the power to enact this legis- By Mr. RUSSELL: this Constitution in the Government of the lation pursuant to the following: H.R. 811. United States, or in any Department or Offi- Article I, Section 8 of the United States Congress has the power to enact this legis- cer thereof. Constitution. lation pursuant to the following:. By Mr. BUDD: By Mr. HUFFMAN: Article I, Section 8, Clause 1 of the United H.R. 789. H.R. 800. States Constitution. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. RYAN of Ohio: lation pursuant to the following: lation pursuant to the following: H.R. 812. Article I, section 8 of the United States Article I, Section 8 Clause 18: To make all Congress has the power to enact this legis- Constitution. Laws which shall be necessary and proper for lation pursuant to the following: By Ms. KAPTUR: carrying into Execution the foregoing Pow- Article I, Section 8: To make all Laws H.R. 790. ers, and all other Powers vested by this Con- which shall be necessary and proper for car- Congress has the power to enact this legis- stitution in the Government of the United rying into Execution the foregoing Powers, lation pursuant to the following: States, or in any Department or office there- and all other Powers vested by this Constitu- Article I, Section 8, Clause 18: of. tion in the Government of the United States, To make all Laws which shall be necessary By Mr. LAHOOD: or in any Department or Officer thereof. and proper for carrying into Execution the H.R. 801. By Ms. SA´ NCHEZ: foregoing Powers, and all other Powers vest- Congress has the power to enact this legis- H.R. 813. ed by this Constitution in the Government of lation pursuant to the following: Congress has the power to enact this legis- the United States, or in any Department or Article IV, Section 3, Clause 2—‘‘The Con- lation pursuant to the following: Officer thereof. gress shall have Power to dispose of and Article One, section 8, clause 18: By Mr. CARSON of Indiana: make all needful Rules and Regulations re- Congress shall have Power—To make all H.R. 791. specting the Territory or other Property be- Laws which shall be necessary and proper for Congress has the power to enact this legis- longing to the United States. . .’’ carrying into Execution the foregoing Pow- lation pursuant to the following: By Mr. MEADOWS: ers, and all other Powers vested by this Con- Clause 18 of section 8 of Article I of the H.R. 802. stitution in the Government of the United Constitution. Congress has the power to enact this legis- States, or in any Department of Officer By Mr. KELLY of Pennsylvania: lation pursuant to the following: thereof. H.R. 792. Article 1, Section 8 of the United States By Mr. ZELDIN: Congress has the power to enact this legis- Constitution. H.R. 814. lation pursuant to the following: By Ms. MENG: Congress has the power to enact this legis- The Congress enacts this bill pursuant to H.R. 803. lation pursuant to the following: Article I Section 8 of the United States Con- Congress has the power to enact this legis- Article 1, Section 8 of the United States stitution. lation pursuant to the following: Constitution.

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By Mr. ZELDIN: H.R. 244: Mr. CARTER of Georgia and Mr. H.R. 739: Ms. MCCOLLUM, Mr. GUTIE´ RREZ, H.R. 815. GIBBS. and Mr. MCGOVERN. Congress has the power to enact this legis- H.R. 245: Ms. GABBARD and Mr. CARTER of H.R. 743: Mr. GOSAR. lation pursuant to the following: Texas. H.R. 747: Ms. DELBENE. Article 1, Section 8 of the United States H.R. 246: Mrs. BROOKS of Indiana, Mr. H.R. 749: Mr. PETERSON. Constitution. THOMAS J. ROONEY of Florida, Mr. BUDD, Mr. H.R. 771: Mr. MCEACHIN, Mr. BRADY of By Mr. PEARCE: WILSON of South Carolina, Mr. TROTT, Mr. Pennsylvania, Mr. RUSH, and Ms. BASS. H.J. Res. 56. HUNTER, Ms. KUSTER of New Hampshire, Mr. H.R. 772: Mrs. BROOKS of Indiana. Congress has the power to enact this legis- THOMPSON of Pennsylvania, Mr. SHIMKUS, H.J. Res. 6: Mr. ZELDIN and Mr. MAST. lation pursuant to the following: and Mr. GOODLATTE. H.J. Res. 17: Mr. COMER, Mr. ZELDIN, and Article 1, Section 1 and Article I, Section H.R. 257: Mr. VARGAS. Mr. BARR. 8, clause 18 H.R. 300: Mr. SMITH of Nebraska. H.J. Res. 19: Mr. POLIS and Ms. BROWNLEY By Mr. ROKITA: H.R. 334: Ms. JAYAPAL. of California. H.J. Res. 57. H.R. 354: Mr. RICE of South Carolina. H.J. Res, 27: Mr. LUETKEMEYER and Mr. Congress has the power to enact this legis- H.R. 361: Mr. GOHMERT. ALLEN. lation pursuant to the following: H.R. 365: Mr. TIPTON and Mr. FORTENBERRY. H.J. Res. 36: Mr. WILLIAMS, Mr. NEWHOUSE, Article I, section 8 of the Constitution of H.R. 371: Ms. ESHOO, Mrs. DEMINGS, Mr. Mr. BIGGS, Mr. BRIDENSTINE, Mr. BRAT, Mr. the United States PRICE of North Carolina, and Mr. JEFFRIES. ROTHFUS, and Mr. ARRINGTON. By Mr. GUTHRIE: H.R. 391: Mr. FRANCIS ROONEY of Florida. H.J. Res. 38: Mr. NEWHOUSE, Mr. YOHO, Mr. H.J. Res. 58. H.R. 392: Mr. MURPHY of Pennsylvania, Mr. WOODALL, and Mr. ABRAHAM. Congress has the power to enact this legis- PERRY, Mr. TED LIEU of California; Mr. H.J. Res. 43: Mr. ROKITA, Mr. COLLINS of lation pursuant to the following: CRAMER, Mr. YODER, Mr. SENSENBRENNER, Georgia, Mr. BIGGS, Mr. CARTER of Georgia, Article I, section 8 of the Constitution of Mr. COSTELLO of Pennsylvania, Mr. MCCAUL, Mr. ARRINGTON, Mr. EMMER, Mr. BISHOP of the United States Mr. COSTA, Mr. PALLONE, Ms. MOORE, Mrs. Utah, Mr. BOST, Mr. BROOKS of Alabama, Mr. By Mr. MULLIN: BROOKS of Indiana, Mrs. MCMORRIS RODGERS, BYRNE, Mr. CULBERSON, Mr. NEWHOUSE, Mr. H.J. Res. 59. and Mr. CARTWRIGHT. FORTENBERRY, Mr. RICE of South Carolina, Congress has the power to enact this legis- H.R. 394: Mr. HUIZENGA, Ms. SINEMA, Mr. Mr. MITCHELL, Mr. BUDD, Mr. AMASH, Mr. lation pursuant to the following: LONG, and Mr. DEFAZIO. LOUDERMILK, Mr. DESANTIS, Mr. ROGERS of Article 1, Section 8, Clause 18 of the United H.R. 422: Mr. WALKER. Kentucky, and Mr. THOMPSON of Pennsyl- States Constitution H.R. 488: Mrs. TORRES. vania. H.R. 490: Mr. BABIN. H.J. Res. 44: Mr. YOUNG of Alaska, Mrs. f H.R. 504: Miss RICE of New York and Mr. LOVE, Mr. NEWHOUSE, Mr. BIGGS, and Mr. JONES. CHAFFETZ. ADDITIONAL SPONSORS H.R. 512: Mr. BRADY of Pennsylvania. H.J. Res. 46: Mr. CRAMER. H.R. 520: Mr. CULBERSON. Under clause 7 of rule XII, sponsors H.J. Res. 48: Mr. BEYER and Mr. SERRANO. H.R. 523: Mr. HOLDING. were added to public bills and resolu- H. Con. Res. 5: Ms. LEE. H.R. 532: Mr. BLUMENAUER, Ms. DEGETTE, tions, as follows: H. Res. 23: Mr. POCAN and Mr. GRIJALVA. Ms. DELAURO, Ms. DELBENE, Mr. GALLEGO, H. Res. 28: Mr. REED, Mr. PASCRELL, Mrs. H.R. 38: Mr. SAM JOHNSON of Texas. Mr. RASKIN, and Mr. VEASEY. BEATTY, Mr. DENHAM, Mr. CAPUANO, Mr. H.R. 44: Mr. LOEBSACK. H.R. 559: Mr. KELLY of Mississippi. ´ ´ MEEHAN, and Mr. THOMPSON of California. H.R. 60: Mr. TAYLOR, Miss GONZALEZ-COLON H.R. 604: Mr. ROGERS of Alabama, Mrs. H. Res. 31: Mr. THOMPSON of California, Mr. of Puerto Rico, and Mr. FRELINGHUYSEN. BLACK, Mr. BARTON, Mr. SAM JOHNSON of TED LIEU of California, Mr. BILIRAKIS, Ms. H.R. 82: Mr. SAM JOHNSON of Texas. Texas, and Mr. KING of Iowa. NORTON, Mr. RICHMOND, Mr. DEFAZIO, Mr. H.R. 113: Mr. KILMER, Mr. TED LIEU of Cali- H.R. 625: Mr. VELA. HASTINGS, Mr. JOHNSON of Ohio, Ms. LOF- fornia, Mr. SMITH of Washington, Mr. CART- H.R. 628: Mr. HULTGREN. GREN, and Ms. MCCOLLUM. WRIGHT, Mr. SIRES, Mr. BRENDAN F. BOYLE of H.R. 632: Ms. HANABUSA, Mr. MASSIE, and H. Res. 35: Mr. DESJARLAIS. Pennsylvania, Mr. SCHIFF, Mr. MCNERNEY, Mr. VALADAO. and Mr. FOSTER. H.R. 637: Mr. BUDD, Mrs. LOVE, Mr. CON- H. Res. 38: Mr. SMITH of Texas, Mrs. BLACK- H.R. 122: Mr. CUMMINGS, Ms. NORTON, Ms. AWAY, Mr. MCCAUL, Mr. MITCHELL, Mr. BURN, Mr. DESANTIS, Mr. SANFORD, Mr. ROE MOORE, Ms. LEE, Mr. LEWIS of Georgia, Mr. MCCLINTOCK, Mr. RENACCI, and Mr. ROSS. of Tennessee, Mr. YOHO, Mr. BARTON, Mr. JEFFRIES, and Mr. VEASEY. H.R. 643: Mr. KING of Iowa. LAMBORN, Mr. LAMALFA, Mr. DAVIDSON, and H.R. 125: Mrs. CAROLYN B. MALONEY of New H.R. 644: Mr. COLLINS of New York. Mr. KING of Iowa. York. H.R. 660: Mr. MCCLINTOCK. H. Res. 61: Mr. ELLISON. H.R. 149: Ms. SCHAKOWSKY, Mr. ELLISON, H.R. 673: Mr. GOHMERT, Mr. JONES, Mrs. H. Res. 72: Mr. KING of New York. Ms. NORTON, Ms. JUDY CHU of California, and WAGNER, Mr. ABRAHAM, and Mr. LATTA. Mr. RICHMOND. H.R. 681: Mr. SMITH of Missouri and Mr. f H.R. 151: Mr. COHEN. BANKS of Indiana. H.R. 159: Mr. SERRANO. H.R. 683: Mr. COHEN. DELETIONS OF SPONSORS FROM H.R. 169: Mr. SMITH of Washington. H.R. 696: Mr. GALLEGO, Ms. BROWNLEY of PUBLIC BILLS AND RESOLUTIONS H.R. 174: Mr. SMITH of Nebraska. California, Mr. MCGOVERN, Mrs. BEATTY, and Under clause 7 of rule XII, sponsors H.R. 202: Ms. MENG. Mr. GARAMENDI. H.R. 233: Mr. COOK. H.R. 721: Mr. YOUNG of Alaska. were deleted from public bills and reso- H.R. 241: Mr. BYRNE and Mr. SMITH of H.R. 722: Mr. DANNY K. DAVIS of Illinois lutions, as follows: Texas. and Mr. EVANS. H.R. 611: Mr. HIMES.

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Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 1, 2017 No. 17 Senate The Senate met at 12 noon and was NOMINATION OF NEIL GORSUCH Committee, Senator FEINSTEIN, and the called to order by the President pro Mr. MCCONNELL. Madam President, Democratic leader himself, Senator tempore (Mr. HATCH). last night President Trump announced SCHUMER. In the coming days, I hope f an outstanding nominee for the Su- and expect that all Senate colleagues preme Court, Judge Neil Gorsuch of will again give him fair consideration, PRAYER Colorado. While Judge Gorsuch has a just as we did for the nominees of The Chaplain, Dr. Barry C. Black, of- significant legacy to live up to as the newly elected Presidents Clinton and fered the following prayer: nominee for the seat left vacant by the Obama. Let us pray. loss of Justice Scalia, I am confident This is a judge who is known for de- Merciful God, enthroned above all his impressive background and long ciding cases based on how the law is ac- other powers, thank You for the oppor- record of service will prepare him well tually written, not how he wishes it tunity to be called Your children. for the task ahead. were written, even when it leads to re- Lord, our heart aches because of the Like Justice Scalia, Judge Gorsuch sults that conflict with his own polit- pain and pessimism in our world, so use understands the constitutional limits ical beliefs. He understands that his our lawmakers to bring hope where of his authority. He understands that a role as a judge is to interpret the law, there is despair. Remind our Senators judge’s duty is to apply the law not impose his own viewpoint. Here is that Your power is far above any con- evenhandedly, without bias toward one how Judge Gorsuch himself put it: ‘‘A ceivable command, authority, or con- party or another. He understands that judge who likes every result he reaches trol. Empower them to protect and de- his role as a judge is to interpret the is very likely a bad judge, reaching for fend the Constitution of this great land law, not impose his own viewpoint or results he prefers rather than those the against all enemies foreign and domes- political leanings. law compels.’’ tic. Our Father, inspire our Senators He has also been recognized from peo- Some of our colleagues and some oth- through the decisions they make to ple on both sides of the aisle as a con- ers on the left see the role of a judge build monuments of courage and moral sistent, principled, and fair jurist. very differently. In last year’s Presi- excellence. Judge Gorsuch has a stellar reputation dential debate, our former colleague, We pray in Your great Name. Amen. and a resume to match, with degrees Secretary Clinton, stated her view that f from Harvard and Columbia, a Ph.D. in a Supreme Court Justice—now listen legal philosophy from Oxford, and just to this—ought to look more favorably PLEDGE OF ALLEGIANCE about every honor, award, and scholar- on certain political constituencies than The President pro tempore led the ship you can possibly imagine. others; that it was the job of the Su- Pledge of Allegiance, as follows: When he graduated from law school, preme Court to ‘‘stand on the side’’ of I pledge allegiance to the Flag of the Judge Gorsuch did not just clerk for this group or another over that one. United States of America, and to the Repub- one Supreme Court Justice, he clerked Some of our current colleagues seem to lic for which it stands, one nation under God, for two. They were Justices nominated share this view. The assistant Demo- indivisible, with liberty and justice for all. by Presidents of different political par- cratic leader said that what is impor- f ties—Anthony Kennedy, a Reagan ap- tant to him are the political views of a EXECUTIVE CALENDAR pointee, and Byron White, who was Supreme Court nominee, what or per- nominated by JFK. haps whom they are going to stand for. The PRESIDING OFFICER (Mrs. Judge Gorsuch received a unani- The problem with that approach is ERNST). The clerk will report the un- mously ‘‘well qualified’’ rating by the that it is great if you happen to be the finished business. American Bar Association when he was party in the case whom the judge likes; The senior assistant legislative clerk nominated to his current position on it is not so great if you are the other read the nomination of Rex W. the court of appeals. He was confirmed guy. Justice Scalia believed this to his Tillerson, of Texas, to be Secretary of without any votes in opposition. That very core. He was an eloquent cham- State. is right—not a single Democrat op- pion of the Constitution who was guid- The PRESIDING OFFICER. Under posed Judge Gorsuch’s confirmation, ed by important principles like apply- the previous order, the remaining not Senator Barack Obama, not Sen- ing the law equally to all, giving every postcloture time will be equally di- ator Hillary Clinton, not Senators Joe litigant a fair shake, and rulings based vided between the two leaders or their Biden or Ted Kennedy. In fact, not a on the actual meaning of the Constitu- designees. single one of the Democrats who still tion and our laws, not what you or RECOGNITION OF THE MAJORITY LEADER serve with us opposed him, including your preferred political constituency The majority leader is recognized. the ranking member of the Judiciary wished they meant. These principles

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

S541

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VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.000 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S542 CONGRESSIONAL RECORD — SENATE February 1, 2017 helped guide Justice Scalia for many The PRESIDING OFFICER. Without lenging the Constitution in an unprece- years. The record of Judge Gorsuch in- objection, it is so ordered. dented fashion. So there is a special dicates that he will continue this leg- NOMINATION OF NEIL GORSUCH burden on this nominee to be an inde- acy of fair and impartial justice. Mr. SCHUMER. Madam President, I pendent jurist. Now, of course, that does not much rise today on a matter of great impor- Let’s go over each point. First, we matter to some over here on the far tance to everyone in this body and ev- have a special responsibility to judge left. Despite his sterling credentials eryone in America: the future of the whether this nominee will further tip and bipartisan support, some on the far Supreme Court. Last night, the Presi- the scales on the Court in favor of Big left decided to oppose Judge Gorsuch dent nominated Judge Neil Gorsuch. Business and powerful special interests before he was even nominated. We al- We in the Senate have a constitutional instead of the average American be- ready know what they will say about duty to examine his record robustly, cause over two decades this Court has him as well. It is the same thing they exhaustively, and comprehensively, shifted dangerously in the direction of have been saying about every Repub- and then advise and consent if we see Big Business and powerful special in- lican nominee for more than four dec- fit. We have a responsibility to reject if terests. According to a study by the Min- ades. They said Gerald Ford’s nominee, we do not. We Democrats will insist on nesota Law Review, the Roberts Court John Paul Stevens, ‘‘revealed an ex- a rigorous but fair process. There will traordinary lack of sensitivity to the has been the most business-friendly Su- be 60 votes for confirmation. Any one problems women face.’’ They said Rea- preme Court since World War II. It is Member can require it. Many Demo- gan’s nominee, Anthony Kennedy, was the most corporate Court in over 70 crats already have. a ‘‘sexist’’ who would ‘‘be a disaster for And it is the right thing to do. years. It was pro-corporate when it fre- women.’’ They said George H.W. Bush’s On a subject as important as a Su- quently favored forced arbitration as a nominee, David Souter, was a threat to preme Court nomination, bipartisan way to settle disputes, a process that women, minorities, dissenters, and support should be a prerequisite; it limits the ability for individuals to other disadvantaged groups. So it is should be essential. That is what 60 form a class and collectively go after not terribly surprising that they would votes does. large corporate interests; it was pro- say it again this time. What is dis- This is nothing new. It was a bar met corporate when it repeatedly refused to appointing is that leading Democrats by each of President Obama’s nomina- hear legitimate cases where individuals in the Senate would adopt the same tions. In my mind, 60 votes is the ap- have been harmed by faulty products, rhetoric. The ink was not even dry on propriate way to go, whether there is a discriminatory practices, or fraud; and Judge Gorsuch’s nomination when the Democratic President or a Republican it was pro-corporate when it came Democratic leader proclaimed that President, Democratic Senate or a Re- down with one of the worst decisions in Judge Gorsuch had—you guessed it— the history of the Court: Citizens demonstrated a hostility toward wom- publican Senate. Because a 60-vote threshold is essen- United. By equating money with en’s rights. I hope our colleagues will tial, those who say that at the end of speech, the Citizens United decision stick to the facts this time around. cut right at the heart of the most sa- We know that Justice Scalia’s seat this process, there are only two pos- sible results—that the Senate will con- cred power in our democracy: the fran- on the Court does not belong to any chise of our citizens. It has poisoned President or any political party; it be- firm this nominee or the Republicans will use the nuclear option to change our politics by allowing dark money to longs to the American people. When it cascade into the system, entirely un- became vacant in the middle of a con- the rules of the Senate—are dead wrong. That is a false choice. disclosed. tentious Presidential election, we fol- With absolutely no precedent, the lowed the rule set down by Vice Presi- If this nominee cannot meet the same standard that Republicans in- Roberts Court came up with the theory dent Joe Biden and Democratic Leader that money necessarily equals speech, sisted upon for President Obama’s Su- Senator SCHUMER, which said that Su- and under the First Amendment, you preme Court nominees—60 votes in the preme Court vacancies arising in the are allowed to put your ad on TV 11,000 Senate—then the problem lies not with midst of a Presidential election should times to drown out all others, espe- not be considered until the campaign the Senate but with the nominee. The answer should not be to change cially average Americans. That ends. It is the same rule, by the way, dampens the power of their voices, di- that President Obama’s own legal the rules of the Senate but to change the nominee to someone who can earn lutes the power of their votes. The Citi- counsel admitted she would have rec- zens United decision was the worst de- 60 votes. Sixty votes produces a main- ommended had the shoe been on the cision in 100 years, and it is the embod- stream candidate, and the need for a other foot. iment of this new era of the corporate mainstream, consensus candidate is I have been consistent all along that special interests Court. the next President, Democrat or Re- greater now than ever before because At a time when massive inequality publican, should select the next nomi- we are in new territory in two ways; plagues our economy, dark money nee for the Supreme Court. I main- first, because the Court, under Chief floods our politics, and faith in institu- tained that view even when many Justice Roberts, has shown increasing tions is low, this rightward shift in the thought that particular President drift to become a more and more pro- Court is an existential threat to our would be Hillary Clinton. But now the business, pro-special interest Court, democracy. election season is over and we have a siding more with corporations and em- Now, more than ever, we require a new President who has nominated a su- ployers and special interests over Justice who will move the Court back perbly qualified candidate to fill that working and average Americans. This in the direction of the people, not only ninth seat. So I would invite Demo- in an environment where starkly un- because that is what the law requires crats who spent many months insisting equal concentrations of wealth and but because that is what our system of we need nine to join us in following ever-increasing corporate power—aided government requires—summed up, of through on that advice by giving the and abetted by the Citizens United de- course, by President Lincoln’s declara- new President’s nominee a fair consid- cision—has skewed the playing field tion that it is ‘‘a government of, by, eration and an up-or-down vote, just as even more decisively toward special in- and for the people.’’ we did for past Presidents of both par- terests and away from the American Second, we must insist upon a strong, ties. citizen. A mainstream nominee would mainstream, consensus candidate be- RECOGNITION OF THE MINORITY LEADER help reverse that trend, not exacerbate cause this Supreme Court will be tried The PRESIDING OFFICER. The it; and, second, another important rea- in ways that few Courts have been test- Democratic leader is recognized. son we are in a new world here, making ed since the earliest days of the Repub- UNANIMOUS CONSENT AGREEMENT—AUTHORITY a 60-vote margin even more important lic, when constitutional questions FOR COMMITTEE TO MEET than it was before—as important as it abounded, because, again, this adminis- Mr. SCHUMER. Madam President, I was before—is this: This administra- tration seems to have little regard for ask unanimous consent that the Sen- tion, at least since its outset, seems to the rule of law and is likely to test the ate Select Committee on Intelligence have less respect for the rule of law Constitution in ways it hasn’t been have leave to meet after 2 p.m. today. than any in recent memory and is chal- challenged for decades.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.001 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S543 Just 2 weeks in, the new administra- On money and politics, he seems to level of scrutiny, to have an exhaus- tion has violated our core values, chal- be in the same company as Justices tive, robust, and comprehensive debate lenged the separation of powers, Thomas and Scalia, willing to restrict on Judge Gorsuch’s fitness to be a Su- stretched the bounds of statute, and the most commonsense contribution preme Court Justice. We Democrats tested the very fabric of our Constitu- limits. will ensure that it does. tion in an unprecedented fashion. The It seems President Trump, who has Madam President, I yield the floor. President has questioned the integrity said he would be for the working man The PRESIDING OFFICER. The of our elections without evidence, and woman, has not chosen someone Democratic leader. issued legally and constitutionally du- who routinely sides with the average AUTHORITY FOR COMMITTEE TO MEET VITIATED bious Executive actions, such as the American. Instead, it seems he has se- Mr. SCHUMER. Madam President, I one on immigration and refugees, and lected a nominee to the Supreme Court ask unanimous consent that the re- fired his Acting Attorney General for who sides with CEOs over citizens. quest in relation to the Senate Select maintaining her fidelity to the law, Second, Judge Gorsuch lacks a record Committee on Intelligence be vitiated. rather than pledging obedience to the demonstrating the kind of independ- The PRESIDING OFFICER. Without President. For that, the White House ence the Court desperately needs right objection, it is so ordered. accused her of betrayal. now. He has shown a tendency to let The PRESIDING OFFICER. The Sen- Acting Attorney General Sally Yates ideology influence his decisions, criti- ator from Iowa. offered her professional legal opinion, cizing ‘‘liberals’’ for turning to the NOMINATION OF NEIL GORSUCH but because it contradicted the admin- courts to advance policy. The irony is Mr. GRASSLEY. Madam President, istration’s position, she was fired, even this: Those who blame liberals for leg- last evening, I had the pleasure of though the very purpose of the Depart- islating through the courts are usually being at the White House when Presi- ment of Justice is to be an independent activist judges themselves. In recent dent Trump introduced his nominee to check on any administration. years, conservative judges have proven be Associate Justice of the Supreme We are just 13 days into this new ad- to be the true activists, completely re- Court, Judge Neil Gorsuch, who hap- ministration. How many more of these imagining the scope of the First pens to be serving on the Tenth Circuit dismissals will take place over the next Amendment through Citizens United, Court of Appeals. It shouldn’t surprise 4 years? gutting key provision of the Voting anybody that President Trump deliv- This is not even close to normal. Rights Act that had lasted for decades ered on a promise made during the Many of us have lived through the first and decades, and attempting to roll campaign, when he listed 21 people he few weeks of several administrations of back the established law of the land, would choose from. Everybody knew both parties. This is not even close to Roe v. Wade. ahead of time what sort of a judge he Judge Gorsuch has shown disdain for normal. would put on for this vacancy or any the use of the courtroom to vindicate Now, more than ever, we need a Su- future vacancy. preme Court Justice who is inde- fundamental rights, a viewpoint that Judge Gorsuch’s decade of service on pendent, who eschews ideology, who should be anathema to anyone in the the Tenth Circuit has earned him a will preserve our democracy, protect legal system but is particularly inap- reputation as a brilliant, principled, propriate for somebody who seeks a fundamental rights, and will stand up and mainstream judge, just exactly the seat on the highest Court in the land. to a President who has already shown a sort of mainstream that Senator SCHU- Because of this, women are duly wor- willingness to bend the Constitution. MER must have been thinking about ried about the preservation of their The Supreme Court is now the bul- when he said he wants a mainstream rights and equality, as is the LGBT wark standing between a President judge. who, in too many instances, has little community. With an administration It has already been widely reported that has already challenged funda- regard for the law, for the separation of that he was unanimously confirmed by mental American rights and will do so powers, for American ideals, for the a voice vote to the Tenth Circuit in again, the courtroom must be a place power of the legislative branch, and for 2006. where those rights can be vindicated. There are still 31 Senators in this the sanctity of the Nation. As Senators, we are endowed with an Now, more than ever, we require a body who voted for the judge at that awesome power to judge whether this Justice who will fulfill the Supreme particular time; 12 of them are Demo- man, Judge Gorsuch, has the right to a Court’s role in our democracy as a crats, and one of them is Senator SCHU- title that is higher than all the others MER. Judge Gorsuch was supported, of check and balance on the other in our judicial system, the title of branches of government. ‘‘Justice.’’ course, by both of his home State Sen- Because this President has started Therefore, we must be absolutely cer- ators for the Tenth Circuit. One hap- out in such a fundamentally undemo- tain that this person is a strong, main- pened to be a Republican, and one a cratic way, we have to examine this stream candidate who has respect for Democrat. He has been recognized as a nominee closely. As to the nominee the rule of law and the application of great jurist by Members from both par- himself, I have serious concerns about basic constitutional rights to all Amer- ties. For instance, when he was sworn how he measures up on these two great icans, a deference to precedent, a non- into the Tenth Circuit, Senator Sala- issues I just described. ideological approach to the Court, and zar, then a Democratic Senator from First, Judge Gorsuch has consist- the resolve to be a bulwark against the Colorado, remarked that the judge ently favored corporate interests over constitutional encroaches of this ad- ‘‘has a sense of fairness and impar- the rights of working people. He re- ministration. tiality that is a keystone of being a peatedly sided with insurance compa- Judge Neil Gorsuch, throughout his judge.’’ nies which wanted to deny disability career, has repeatedly sided with cor- The judge happens to be fourth gen- benefits to employees. In employment porations over working people, dem- eration Coloradan. He is eminently discrimination cases, Bloomberg found onstrated a hostility toward women’s qualified to be the next Associate Jus- he has sided with employers a great rights, and, most troubling, hewed to tice of the Supreme Court. His decades majority of the time. In one of the few an ideological approach to jurispru- of experience span many facets of our cases he sided with an employee, it was dence that makes me skeptical that he legal system. A graduate of Columbia a Republican woman who alleged she can be a strong, independent Justice on University and Harvard Law School, was fired for being a conservative. the Court. Given that record, I have the judge was also a prestigious Mar- He wrote in an article in 2005 that se- very serious doubts that Judge Neil shall scholar at Oxford. He served as curities class actions were just tools Gorsuch is up to the job. Principal Deputy Attorney General at for plaintiffs’ lawyers to get ‘‘free The Supreme Court now rests in a the Department of Justice. ride[s] to fast riches,’’ ignoring the fact delicate balance. We cannot allow it to Judge Gorsuch also knows the Su- that these lawsuits often bring justice be further captured by corporate influ- preme Court well, having clerked for to thousands and thousands of people ence or bullied by Executive overreach. Supreme Court Justices Byron White who have no power without the class The Senate has a responsibility to and also Anthony Kennedy, who is still action suit. weigh this nominee with the highest on the Court.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.002 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S544 CONGRESSIONAL RECORD — SENATE February 1, 2017 He currently serves with distinction those two things. So from what I have preferred candidate lost, they are now on the Tenth Circuit, where he has es- learned so far, the judge’s judicial trying to do everything they can to tablished himself as a mainstream record reflects this philosophy of being slow-walk and to hamper the ability of judge with a reputation as a fair and dispassionate, following the Constitu- the winner, President Trump, to get brilliant jurist. As a mainstream ju- tion and the laws passed by Congress. I his Cabinet up and running to govern rist, Judge Gorsuch enjoys broad re- think he said last night something like the country. While they think they spect across the ideological spectrum. this: A judge is supposed to judge and a may be hurting the President and his At the confirmation hearing for his legislature is supposed to legislate, and administration, what they are really current judgeship on the Tenth Circuit, a judge should not be legislating. doing is hurting the American people he was introduced by Republican Sen- Judge Gorsuch doesn’t legislate from whom the government serves. I hope ator Allard from Colorado and Demo- the bench, nor does he impose his own they will reconsider. cratic Senator Salazar from Colorado. beliefs on others. To quote from a It is really sad it has taken this long Senator Salazar, of course, isn’t ex- speech at Case Western, he said that due to the foot-dragging of our col- actly a conservative firebrand, having judges should strive ‘‘to apply the law leagues across the aisle who are sort of most recently served as head of the as it is, focusing backward, not for- in a resistance mode. I really do be- transition team of Secretary Clinton. ward, and looking to the text, struc- lieve it is like the stages of grief, like At his hearing in 2006, William ture, and history to decide what a rea- the Kubler-Ross stages, where the first Hughes, Jr., a Democratic candidate sonable reader at the time of the one, of course, is denial, the second is for the House of Representatives, au- events in question would have under- anger, and then ultimately you get to thored a strong letter of recommenda- stood the law to be—not to decide cases acceptance. But they are a long way to tion for Judge Gorsuch stating: based on their own moral convictions acceptance, and they are still in the I have never found, nor thought, Neil’s or the policy consequences they believe anger phase of their grieving the out- views or opinions to be tainted or swayed by might serve society best.’’ come of the November 8 election. any partisan leanings. Quite to the contrary, I believe it is this fundamental sense When the shoe was on the other foot, his approach to all things professional and of fairness and sense of duty in uphold- we confirmed seven of President personal has always been moderate and prac- ing the Constitution and the laws Obama’s Cabinet nominees on the day tical. passed by Congress that has led Judge he was inaugurated—January 20, 2009— There are plenty of other examples of Gorsuch to be a highly regarded jurist. but apparently this is the new normal. strong bipartisan support for Judge After the tragic passing of Justice I just hope our Democratic col- Gorsuch. Even observers in the press Scalia, we made it clear that the Sen- leagues realize that this is not serving recognize his reputation for fairness. ate would wait for the American people the public interest, and it is not, frank- Just last week the Denver Post en- to have a say in the future of the ly, good politics, it strikes me, to be so dorsed the judge, saying: He ‘‘has ap- Court. I said even before the election angry and throw a temper tantrum—or, plied the law fairly and consistently.’’ that no matter who won the Presi- as I said yesterday to some folks, grow- Judge John Kane, a colleague on the dential election, we would move for- ing up, people used to talk about District Court of Colorado, appointed ward with the new President’s nomi- throwing a hissy fit, and this really by President Carter, says this about nee. I maintained this position even on strikes me as throwing a hissy fit. Judge Gorsuch: the eve of the election, and I main- Much has been made of Rex [He] listens well and decides justly. His dis- tained that position even when every- Tillerson’s incredible leadership role in sents are instructive rather than vitriolic. In one seemed to believe that our next a major corporation. Obviously, he has sum, I think he is an excellent judicial President would be Secretary Clinton. I done a tremendous job for one of the craftsman. have been consistent. largest businesses in the world. He was After his nomination was announced Unfortunately, some of my Demo- working for the shareholders of that last evening, the highest praise so far cratic colleagues—the very Senators corporation in that capacity. Now his came from President Obama’s former who held all those rallies chanting ‘‘we enormous experience and aptitude and Solicitor General, Neal Katyal, who de- need nine’’—have already said they in- talent are going to be put to work for scribed the nominee this way: tend to do everything they can to stop the American Nation and for the Amer- Judge Gorsuch is one of the most thought- this eminently qualified judge. That is ican people. ful and brilliant judges to have served our very, very unfortunate. I hope and I believe that not only is he a person nation over the last century. As a judge, he trust that approach won’t be uniform of conviction and competence, he is has always put aside his personal views to also a man of character. He believes in serve the rule of law. To boot, as those of us on their side. who have worked with him can attest, he is So I look forward to moving forward putting this country first, and I have a wonderfully decent and humane person. I with a hearing, when we will learn a no doubt he will serve the United strongly support his nomination to the Su- great deal more about Judge Gorsuch, States with great integrity and care. preme Court. and I look forward to an up-or-down It is none too early for us to transi- To me, following the law wherever vote on his nomination. tion to somebody of his great qualifica- that law and case may lead is perhaps I thank the Senate, and I yield the tions and experience. Our country is no the most important attribute for a Su- floor. longer respected by many of our friends preme Court Justice to possess. That I suggest the absence of a quorum. around the world because we have principle guided Justice Scalia’s deci- The PRESIDING OFFICER. The withdrawn from international leader- sionmaking and it is also how Judge clerk will call the roll. ship. We are no longer feared by our ad- Gorsuch has said judges should ap- The senior assistant legislative clerk versaries, who are all too quick to fill proach the law. proceeded to call the roll. the leadership vacuum around the The judge once wrote, quoting Jus- Mr. CORNYN. Madam President, I world—Russia being perhaps the most tice Scalia: ask unanimous consent that the order obvious example not only in Crimea If you are going to be a good and faithful for the quorum call be rescinded. and in Ukraine but obviously in Syria judge, you have to resign yourself to the fact The PRESIDING OFFICER. Without and now in Libya. It is dangerous. It is that you are not always going to like the objection, it is so ordered. destabilizing. So I am very pleased that conclusion you reach. If you like them all Mr. CORNYN. Madam President, fi- we will have a new Secretary of State the time, you are probably doing something nally, on Monday, the Senate moved and a new national security leadership wrong. forward with the nomination of Rex team. That gets back to something very Tillerson to be the next Secretary of If there is one thing that I think basic. A judge is supposed to be dis- State. His confirmation before this President Trump has done right, it is passionate. A judge is supposed to Chamber to serve as our top diplomat select good people, from MIKE PENCE as leave their personal views out of it. A should have been a no-brainer, but we the Vice President, Gen. Jim Mattis as judge looks at the law on the one hand know that our Democratic colleagues Secretary of Defense, Rex Tillerson as and the facts of the case on the other are still trying to relitigate the elec- Secretary of State, and Gen. John and makes the decision based on just tion of November 8, and because their Kelly of the Department of Homeland

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.004 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S545 Security. I think he has chosen very here at the time, and others of our col- to the Tenth Circuit. I mentioned Sen- well. I could go on and on with his Cab- leagues across the aisle. So I think it is ator SCHUMER, who was here at the inet members and say the same thing going to be very important for the time, as well as Senator DURBIN and about each one of them. American people, as they hear the in- several members of the Judiciary Com- We will vote on the confirmation of evitable criticism of this nomination, mittee still serving in the Senate, in- Mr. Tillerson shortly, between 2 and to remember the Senators who were cluding the ranking member, Senator 2:30 p.m. or in that time frame. here at the time Judge Gorsuch was FEINSTEIN from California, and the sen- NOMINATION OF NEIL GORSUCH confirmed to the Tenth Circuit, and ior Senator from Vermont, Senator Madam President, what I want to they expressed none of those concerns LEAHY. All of them were here at the talk about as well is the announcement or reservations then. time. Because of the voice vote, they that President Trump made last night I think, most importantly, Judge didn’t note any dissent or disagree- about his choice to fill the Supreme Gorsuch will honor the legacy of Jus- ment, so we would say that essentially Court vacancy left open by the tragic tice Antonin Scalia on the U.S. Su- is a unanimous vote of the U.S. Senate. death of Justice Antonin Scalia. I preme Court, but even more impor- So it will be interesting to hear from couldn’t be more pleased with his nom- tantly, he will honor the U.S. Constitu- them about any reservations or con- ination of Judge Neil Gorsuch of the tion and the unique role of our judici- cerns they now voice. I hope that at U.S. Court of Appeals for the Tenth ary and our system of government. I least they will allow us to have an up- Circuit. I can’t imagine that the Presi- think one of the things Justice Scalia or-down vote on the nomination of this dent could have chosen a more quali- made a point of during his professional outstanding nominee. fied, more principled, or more main- lifetime was to point out how judges To hear Judge Gorsuch last night and stream pick for the job of Justice of had unfortunately become policy- to look at his biography, to read his ex- the U.S. Supreme Court. makers rather than interpreters and tensive record and appreciate his schol- We have all heard some of the details appliers of the Constitution and the arship and his commitment to the rule of his personal background, including written law. Of course, the problem of law—all of this is to see precisely that he is a Colorado native and that with that is that judges in the Federal the kind of person who should be con- he served in the Denver-based Tenth system don’t stand for election, so we firmed to the Supreme Court. I believe Circuit Court for a decade, and he is have lifetime-tenured, unelected Fed- the American people will see that as well known and respected in legal cir- eral judges becoming, in effect, a clear as day. cles for his intellect, his brilliant writ- trump card or super-legislature for our I hope our colleagues across the aisle ing, and his faithful interpretation of system of government. That certainly will resist the temptation to obstruct the Constitution and laws passed by isn’t what James Madison and the and drag their feet when it comes to Congress. In short, he is a tremendous Founding Fathers contemplated. Jus- this important nomination. I hope they jurist with an impeccable legal and tice Scalia was a tribute to that tradi- will not kowtow to some of the ex- academic record. He went to schools tional role of interpreter of a written treme factions in their own party. like Columbia University, Harvard Law Constitution and written laws and re- They have repeatedly argued for the School, and Oxford as a Marshall schol- specting the limited, albeit important, importance of having nine Justices on ar. role judges play in our system of gov- the Supreme Court. Now that the In addition to his decade on the ernment. American people have spoken by elect- bench, his professional experience in- Put another way, Judge Gorsuch ing President Trump, and he has now cludes many years practicing law. As a meets every test, and he passes all of announced his pick, they should honor recovering lawyer myself and recov- them with flying colors. that selection. That pick is superb, the ering judge, I can say that one of the We have heard from the Democratic kind of nominee who was supported things I think the Supreme Court leader that President Trump needed to unanimously by Democrats in the past needs is more people with practical ex- appoint a mainstream nominee. Well, and is endorsed by President Obama’s perience, serving as lawyers for clients there is no doubt that if that is the lit- own Solicitor General. in court. We have some people with mus test for our friends on the other Let’s move forward with an undeni- great academic credentials but very side of the aisle, Judge Gorsuch meets ably qualified nominee. few people with any practical experi- that test. He has the respect of even Madam President, I ask unanimous ence as practicing lawyers. It is impor- people who served on the other side of consent that all remaining quorum tant because once they get on the U.S. him in litigation and people whose ide- calls during consideration of the Supreme Court, Justices are totally ological views differ quite a bit. Tillerson nomination be equally di- isolated from the rest of the world by Here is what a former Solicitor Gen- vided. the nature of their job. So people need eral under President Obama had to say The PRESIDING OFFICER. Is there to come to that job with the experience about Judge Gorsuch: objection? Without objection, it is so ordered. of working with individuals, under- Judge Gorsuch is one of the most thought- Mr. CORNYN. Madam President, I standing the strengths and the weak- ful and brilliant judges to have served our nation over the last century. As a judge, he yield the floor. nesses of the legal system and what I suggest the absence of a quorum. their role should be. has always put aside his personal views to serve the rule of law. The PRESIDING OFFICER. The He not only practiced law at a top clerk will call the roll. He goes on to say: law firm as a partner, he had pres- The senior assistant legislative clerk tigious clerkships, including on the Su- I strongly support his nomination to the proceeded to call the roll. preme Court of the United States. He Supreme Court. Mr. SCHUMER. Madam President, I actually clerked for two Supreme This is the sort of respect Judge ask unanimous consent that the order Court Justices—Justice Byron White Gorsuch, in his tenure as a judge, has for the quorum call be rescinded. and Justice Anthony Kennedy—as well generated. He has gained respect even The PRESIDING OFFICER. Without as served in the Department of Justice. from people who are on the opposite objection, it is so ordered. There is absolutely no question that end of the ideological spectrum be- Mr. SCHUMER. Madam President, I Judge Gorsuch is a qualified, high-cal- cause they realize that Judge Gorsuch am coming back to the floor to correct iber nominee, and I have no doubt that will be, first and foremost, somebody the record on my earlier comments, he will serve the Nation well. The rea- who applies the written Constitution where I said Republicans ‘‘insisted’’ on son I say he is a qualified, high-caliber and enforces the rule of law—laws 60 votes for each of President Obama’s nominee is because when he was con- passed by the political branches of gov- nominees. Sixty votes is a bar that was firmed to the Tenth Circuit Court of ernment—and does not attempt to sup- met by each of President Obama’s Appeals, he was confirmed by the Sen- plant his own personal agenda for that nominees, but at the time, there was ate on a voice vote. In other words, he of the chosen representatives of the no need for a cloture vote because we was essentially voted for unanimously, American people. As I said, that is why knew each of them would garner 60. including by people like Senator SCHU- 11 years ago Democrats joined with Re- This is important to clarify because I MER, the Democratic leader, who was publicans to confirm him unanimously believe 60 votes is the right standard

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.005 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S546 CONGRESSIONAL RECORD — SENATE February 1, 2017 for this nominee—not because they did Americans should not take the current not what is best for the American peo- it to us or we did it to them but be- international order for granted. It did not ple, not what is best to address com- cause 60 votes, as I mentioned in my will itself into existence. We created it. plex international challenges. Just like Likewise, it is not naturally self-sus- remarks, produces a mainstream can- taining. We have sustained it. If we stop negotiating a real estate deal does not didate and, as I laid out earlier, the Su- doing so, it will fray and, eventually, col- prepare one to lead the Nation, negoti- preme Court requires a mainstream lapse. ating oil deals does not prepare you to candidate now more than ever. Just as I am not confident in Presi- be a diplomat whose primary interest Madam President, I yield the floor. dent Trump’s nominee for Ambassador is in advocating for American values. I suggest the absence of a quorum. to the United Nations, I am equally When Mr. Tillerson has worked with The PRESIDING OFFICER. The concerned, if not more so, about his foreign governments to pursue lucra- clerk will call the roll. choice for Secretary of State. During tive oil deals and profits, he has been The bill clerk proceeded to call the agnostic to human rights and to Amer- roll. his Senate confirmation hearing, Rex Tillerson, the former CEO of ica’s diplomatic and security interests Mr. HEINRICH. Madam President, I as well. As Exxon’s CEO during the ask unanimous consent that the order ExxonMobil, demonstrated that he is Iraq war, Mr. Tillerson undermined the for the quorum call be rescinded. blatantly unaware of global affairs. He State Department’s efforts to keep Iraq The PRESIDING OFFICER. Without failed to recognize and condemn human objection, it is so ordered. rights violations around the world, in- cohesive as a nation and instead served Mr. HEINRICH. Madam President, cluding in Saudi Arabia and the Phil- the interest of his company’s financial since President Trump was inaugu- ippines, and declared dangerous policy gain, in direct conflict to the American rated, he has unveiled a series of dam- positions without knowing what those interest. aging and truly un-American Executive policies would actually mean. Under Mr. Tillerson’s guidance, orders—in particular, the Executive In his hearing, Mr. Tillerson repeat- ExxonMobil signed a deal directly with order banning refugees and individuals edly avoided answering the most rudi- the Kurdish administration in the from Muslim-majority countries from mentary questions about foreign policy country’s northern region, a move that entering our country. by stating things like ‘‘I’d need more fueled Kurdish secessionist ambitions For President Trump and his team, it information on that issue.’’ and undercut the legitimacy of Iraq’s is a projection of an inward-looking, For as long as I can remember, central government. This deal was isolationist vision for America. For throughout grade school and college, drawn despite the State Department’s many New Mexicans, myself included, women in Saudi Arabia have lacked recommendation that they wait until it is also seen as an attempt to fun- basic freedoms. Yet Mr. Tillerson ei- national legislation was passed because damentally change our American val- ther had no knowledge of women’s a law governing nationwide oil invest- ues. We are not a country that dis- issues in Saudi Arabia or fails to value ments was being reviewed by Par- criminates based on how you pray. We the importance of that issue, which I liament. are not a nation that turns our back on believe to be an American value. In Russia, Mr. Tillerson worked the innocent victims of terrorism or The United States faces an increas- closely with Vladimir Putin’s govern- the allies who have risked their own ing number of global threats, including ment to forge deals to drill for oil in lives so that American soldiers might North Korea, Russia, China, Iran, and the Arctic, the Black Sea, and Siberia. live. terrorist organizations across multiple Mr. Tillerson developed such a cozy re- President Trump’s actions seek to continents. We face evolving threats lationship with the Kremlin that in turn us into the kind of authoritarian from nonstate actors and terrorist or- 2013 he was awarded the Order of Nation that we have always stood ganizations such as Al Qaeda and the Friendship by Vladimir Putin, the against. He has promoted this dark vi- Islamic State. Instability and civil war highest honor awarded to non-Rus- sion instead of asserting America’s in the Middle East have led to the sians. longstanding role as a voice for democ- greatest global refugee crisis since After Russia unlawfully invaded the racy, for freedom, human rights, the World War II. Russia and China are Ukraine and took Crimea, the United environment, tolerance, and respect for acting aggressively to assert their in- States and the European Union enacted women—values which extend far be- fluence and challenge and provoke sanctions against Russia that Mr. yond our shores. American interests and allies. Global Tillerson would be partly responsible In essence, this selfish and bully-like threats such as pandemic disease, nu- for overseeing as Secretary of State. mentality abandon the values that we clear proliferation, and climate change Right now, when we are trying to hold hold dear and which have defined our require international cooperation and Russia accountable for its illegal ag- great Nation as a global power. responses. gression in Eastern Europe, for its war It should come as no surprise that The next Secretary of State will be crimes in Aleppo, and for its inter- President Trump’s nominees to be our diving headfirst into all of these in- ference in our own Nation’s election, Nation’s top diplomats—Nikki Haley, credibly daunting and gravely impor- how on Earth can we trust someone Rex Tillerson—have no diplomatic ex- tant foreign policy challenges. Mr. with such a cozy relationship with the perience. On Nikki Haley’s first day on Tillerson’s lack of foreign policy expe- Putin government to be our Secretary the job, President Trump announced rience, combined with a President who of State? that he would be cutting funding for promotes an isolationist world view, Mr. Tillerson’s record also leads one the United Nations by 40 percent, and leaves me deeply concerned for the fu- to wonder how he will address the im- Ambassador Haley announced to the ture of American foreign policy. perative to implement the Paris cli- world that the United States is now The world looks to America to up- mate agreement, especially since ‘‘taking names’’ of those who disagree hold human rights, to promote demo- President Trump is now exploring how with us. cratic values, and to take the lead on to withdraw from it. At the height of In an attempt to show strength, the many challenges we face as an inter- the debate on climate change legisla- Trump administration is actually cre- national community. The American tion in Congress, Mr. Tillerson spent ating weakness. By stepping away from people look to the White House and to tens of millions of dollars to kill a bill multinational organizations that we the State Department to represent our that would have reduced our carbon helped establish—organizations like fundamental American values on that emissions sooner. It has also been re- the U.N. and NATO—and by presenting international stage. The American peo- ported that his scientists at Exxon a hostile attitude to other countries ple expect their leaders to show that have known about the relationship be- and allies, the United States is walking their only interest is in representing tween carbon emissions and climate away from its role as the indispensable the public’s best interest. since the 1980s and that Exxon even Nation. Americans have reason to doubt made business decisions about what re- This morning, former CIA Director where Rex Tillerson’s interests rest. sources to develop and how based on and retired GEN David Petraeus His world view has been shaped that knowledge. Yet, under Mr. warned that the global alliances of the through the lens of looking out for Tillerson’s leadership, they chose to United States are at risk, stating: what is best for his company’s profits, withhold those findings and fund

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.007 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S547 groups determined to sow confusion and the safety of their families abroad How can we possibly think this is in and doubt. How can we be confident as a direct result of this order. A man our national security interests? that Mr. Tillerson will help America who moved to the United States as a Rex Tillerson has not answered ques- address the impacts of climate change refugee from Iraq and settled in my tions about President Trump’s Muslim and put America’s security and values hometown told me that his wife and travel ban. Mr. Tillerson needs to tell first as our top diplomat? two kids went to Baghdad to attend his us where he stands on this un-Amer- Those conflicts of interest are trou- mother-in-law’s funeral. They are cur- ican policy. If we are going to move bling enough, but the most troubling rently in Iraq and scheduled to return forward on his nomination, Mr. reason I cannot support Mr. Tillerson’s in February. They are all green card Tillerson needs to reassure the Amer- nomination is this: In just the first holders. They are part of our commu- ican people and he needs to reassure week and a half of the Trump White nity. President Trump’s Executive this body that he understands the re- House, we have seen numerous cases of order has left him and his family feel- percussions of these kinds of appalling Trump nominees saying one thing dur- ing in limbo. He said: ‘‘I am afraid actions. He needs to show us that he ing their confirmation hearings before about our destiny as a family, I am will stand up for American values and this body and then the administration afraid I will lose them.’’ against the President’s dangerous im- turning around and doing something The heartbreaking human impact we pulses that will isolate our Nation, al- entirely different. After Secretary have already seen is only part of why ienate our allies, and abdicate our role Mattis told us that he opposed the the Muslim travel ban was such an ap- as leader of the free world. Mr. Muslim travel ban and Director palling action for the President to Tillerson has not shown any of that to Pompeo stated his opposition in hear- take. me, to this body, or to the American ings to torture, we saw this adminis- George Washington once said: ‘‘I had public. tration move forward with both. always hoped that this land might be- Thousands of New Mexicans have I have seen nothing that shows me come a safe & agreeable Asylum to the flooded my office with letters, emails, that Rex Tillerson will stand up to virtuous & persecuted part of mankind, and phone calls urging me to oppose President Trump’s dangerous vision for to whatever nation they might be- his nomination. I share New Mexicans’ American foreign policy. What will he long.’’ It is very clear that President well-founded concerns about Mr. do to stand up for NATO? What indica- Trump is clearly no George Wash- Tillerson’s qualifications to lead the tion do we have that he will call on the ington. This Executive order flies in State Department and to stand up for President to act in the interests of the the face of that sentiment and, I be- our Nation’s interests. American people and not the interests lieve, the sentiment we share as Ameri- I will not support his nomination, of President Trump’s business holdings cans. and I urge my colleagues on both sides I joined my colleagues in sending a in numerous nations around the world? of the aisle to stop and think carefully letter to President Trump about this The Secretary of State sits on the about this vote we are about to take. order. I am particularly outraged about National Security Council. Will Mr. Our Nation’s future role in the world is the absurd and careless nature of the Tillerson stand up to Steve Bannon, at stake. order, which will have a profound effect President Trump’s political strategist Mrs. FEINSTEIN. Madam President, on many Iraqi men and women who who has been outrageously placed on I rise today in opposition to Rex risked their lives and the lives of their the National Security Council, while, I Tillerson’s nomination to be our next families on behalf of our soldiers, on would add, the Chairman of the Joint Secretary of State. I don’t believe Mr. behalf of American soldiers. Tillerson is an appropriate selection to Chiefs and the Director of National In- Late last summer, I traveled to Iraq, telligence were demoted? President to Kuwait, to the heart of Africa, and I be our Nation’s chief diplomat. During his confirmation hearing, Mr. Trump has shown that he trusts the met with top military officials to dis- Tillerson repeatedly evaded questions former leader of the far-right Web site cuss operations against ISIL, Al Qaeda, related to transparency and corporate Breitbart News more than our leading and other terrorist organizations. In responsibility. For instance, on mul- generals and his appointed leader of order to find a lasting solution in that tiple occasions Mr. Tillerson stated the intelligence community. You can volatile region, we must take a smart already see the influence of Mr. approach that provides training, re- that he was unaware of Exxon’s history Bannon, who has made a career out of sources, and support to our regional al- of lobbying Congress; yet, according to selling hateful and divisive propaganda lies, like the Iraqi security forces, lobbying disclosure forms, Exxon lob- aimed at women, Hispanics, African rather than putting tens of thousands bied against a variety of Iran and Rus- Americans, Jews, and other minorities of U.S. troops on the frontlines there sia-related sanctions since at least in the actions President Trump has ourselves. Alienating our regional al- 2010. When pressed on the matter, Mr. taken in his first days in office. lies, alienating Muslims as a whole Tillerson even claimed he didn’t know During his first week in office, Presi- puts all of that at risk. if Exxon lobbied for or against these dent Trump floated the idea of bringing Former Cabinet Secretaries, senior energy-related sanctions bills. back the CIA’s use of ‘‘black site’’ pris- government officials, diplomats, mili- Additionally, I am troubled by Mr. ons and torture techniques, imposed a tary servicemembers, and intelligence Tillerson’s response to questions about gag order on our Federal agencies, and community professionals who have Exxon’s dealings with Iran, Syria, and renewed talk of a wall on our southern served in the Bush administration and Sudan. According to public documents, border. the Obama administration together Exxon established a joint venture with All of this culminated with an Execu- have expressed their deep concern this Shell to conduct business with state tive order blocking refugees from week with President Trump’s Execu- sponsors of terror. That joint venture— around the world from entering the tive order. In a letter, they warned: Infineum—sold petroleum products to United States. This is not greatness. In This Order not only jeopardizes tens of Iran, Sudan, and Syria, when those na- fact, this is un-American. I will not thousands of lives, it has caused a crisis tions were being sanctioned by the stand aside as the values that created right here in America and will do long-term United States. the greatest Nation on Earth are tram- damage to our national security. During that time, Mr. Tillerson rose pled upon. In the middle of the night, just as we were from senior vice president to president This dangerous Executive action has beginning our nation’s commemoration of and director and eventually to chair- the Holocaust, dozens of refugees onboard already had a clear human impact. In flights to the United States and thousands of man and CEO of Exxon; yet, during his New Mexico, the Albuquerque Journal visitors were swept up in an Order of unprec- testimony, Mr. Tillerson claimed to be reports that our universities have edented scope, apparently with little to no unaware of Infineum’s purposeful eva- issued an advisory to foreign students oversight or input from national security sion of sanctions. Instead of recog- and faculty: ‘‘Don’t leave the country professionals. nizing the larger national interest, Mr. if you want to come back.’’ Think Also this week, the Iraqi Parliament, Tillerson suggested that American about that. in direct response to President Trump’s companies could legally avoid sanc- My office has already heard from Muslim travel ban, voted to implement tions by setting up shell companies New Mexicans who fear for their safety an identical visa ban on Americans. outside of the United States.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.008 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S548 CONGRESSIONAL RECORD — SENATE February 1, 2017 Infineum is not the only example of learned firsthand the critical role of eigners who work to improve relations Exxon’s history of undermining Amer- our Nation’s diplomats, the risks that with Russia. ican policy. Under Mr. Tillerson’s lead- they take to serve our country, and the Mr. Tillerson has had particularly ership, Exxon signed oil exploration part that they play in spreading Amer- close dealings with Igor Sechin, the contracts with the Kurds in Iraq. Doing ican ideals of freedom and democracy head of a state-owned Russian oil com- so undermined the United States ‘‘one around the world. pany whom the United States has sanc- Iraq’’ policy and exacerbated the long- The cabinet position of Secretary of tioned and banned from entering the simmering conflict between the central State is as old as our Nation. Thomas United States. government and the Kurds. That is be- Jefferson served as President Washing- In 2014, Mr. Tillerson opposed sanc- cause Exxon signed contracts to ex- ton’s Secretary of State. The Secretary tioning Russia for its actions in plore oil at six sites. Three of those is the President’s top foreign policy ad- Ukraine and reportedly lobbied the sites were on disputed land claimed by viser and our Nation’s chief representa- government against those sanctions. both the Kurds and the Iraqi central tive abroad. Today the State Depart- According to Reuters, ‘‘[Tillerson] government. ment reaches across the world, advanc- added that Exxon does not ‘generally’ By agreeing to explore in disputed ing our interests, shaping our relation- support sanctions and has made that territory on behalf of the Kurds, Exxon ships, advocating for human rights, view known to the U.S. Government. changed the facts on the ground in and working to advance peace. . . . ‘We’re having conversations such favor of the Kurds. Exxon’s decision In addition, the Secretary of State that our views are being heard at the may have been good for Exxon, but it will encounter a department of em- highest levels.’ Tillerson told report- certainly did not benefit a stable, uni- ployees who are deeply concerned ers.’’ And yet, in his confirmation fied Iraq. about the role that they will play and hearing, Mr. Tillerson denied that he I am also concerned by Mr. the actions that they may be expected or Exxon directly lobbied against the Tillerson’s response to questions about to take in service to the new President. sanctions. Russia. Russia has invaded Ukraine, Last week, the Washington Post re- Given Russia’s interference with U.S. annexed Crimea, intervened in Syria, ported that the State Department’s en- elections and Russia’s increased provo- and meddled in our own elections; yet tire senior management resigned, in- cation of our allies, we need to be able Mr. Tillerson refuses to offer support cluding officials who had worked in to rely on our Secretary of State to ad- for international sanctions against both Republican and Democratic ad- vance U.S. interests above all. Mr. Russia. ministrations. This was an unprece- Tillerson’s long and close relationship He refuses to describe Russia’s bomb- dented loss of institutional knowledge. with Russia casts doubt on his ability ing of Syrian hospitals and schools— And by yesterday afternoon, a dis- and inclination to pursue additional and a U.N. humanitarian aid convoy— sent letter by State Department staff sanctions as necessary and on the qual- as war crimes. saying that President Trump’s execu- ity of advice that he will give the Russia remains in violation of the tive order to temporarily bar citizens President. And despite the active na- Minsk agreement and continues to oc- from seven Muslim-majority countries tional conversation about Russia, Mr. cupy Crimea, indiscriminately bomb in would not make the Nation safer had Tillerson said in his hearing that he Syria, and hack American think tanks. attracted around 1,000 signatures, far and President Trump had not even dis- Now is not the time to remove sanc- more than any dissent cable in recent cussed Russian policy with any speci- tions against Russia, and I have little years. ficity. confidence Mr. Tillerson is committed President Trump’s campaign rhetoric I am also concerned that Mr. to pushing back against Russian ag- has shaken our allies—wavering on our Tillerson does not seem to view human gression. commitment to NATO, gratuitously es- rights as a critical issue for the State Finally, Mr. Tillerson’s indifference calating arguments with China and Department. In addition to refusing to to the two-state solution between Mexico, and empowering an increas- condemn Russian and Syrian atrocities Israel and the Palestinians is unaccept- ingly aggressive Russia. Mr. Trump has as war crimes, he did not condemn able. Specifically, Mr. Tillerson said made fawning statements about Rus- Philippine President Duterte’s that a two-state solution is a ‘‘dream’’ sian President Vladimir Putin. In Octo- extrajudicial killings. This is particu- and openly questioned whether or not ber 2007, Mr. Trump said of Putin, ‘‘he’s larly disturbing, as President Duterte it could ever become a reality. The re- doing a great job.’’ In December 2011, has alleged that President Trump ap- ality is that, without a two-state solu- Mr. Trump praised Putin’s ‘‘intel- proves of his actions. Mr. Tillerson ap- tion, Israel cannot be both a democ- ligence’’ and ‘‘no-nonsense way.’’ In peared hesitant to weigh in on human racy and a majority-Jewish state. June 2013, Mr. Trump wondered if rights abuses. But the State Depart- Today Israel is constructing settle- Putin would be his ‘‘new best friend.’’ ment cannot be silent and must be an ments throughout the West Bank. Pal- And in July 2015, Mr. Trump said, ‘‘I outspoken voice for human rights, even estinian terror and incitement con- think I’d get along very well with to our allies. tinue. Mr. Tillerson’s almost casual Vladimir Putin.’’ Mr. Tillerson appears not to appre- dismissal of the two-state solution is And Mr. Trump has questioned the ciate America’s role as a beacon of disqualifying for a Secretary of State. reality of climate change. He tweeted, light around the world that stands up Our chief diplomat must understand ‘‘The concept of global warming was for the rule of law and human rights. the urgency of the situation and must created by and for the Chinese in order This is especially troubling, as Presi- be willing to engage both sides in the to make U.S. manufacturing non- dent Trump’s order last Friday to sus- pursuit of peace. competitive.’’ pend America’s refugee programs is an I simply do not believe Mr. Tillerson The Secretary of State thus must attack on everything for which our is interested in doing so. play a crucial role in maintaining rela- country stands. President Trump’s Mr. Tillerson’s lack of transparency, tionships between the United States order has made us less safe by playing history of working against our na- and our allies around the world. In the into ISIS’s propaganda, casting our tional interests, close ties to Russia, face of Mr. Trump’s statements and ac- fight against terrorism as a fight and indifference to Israel’s future tions, the need for a strong Secretary against an entire religion. That is not make him unfit to serve as the Sec- of State is all the more important. who we are as a nation. We must re- retary of State. President Trump has nominated Rex main vigilant and resolute against ef- I intend to oppose Mr. Tillerson, and Tillerson, the former CEO of forts to sow fear and division, and we I urge my colleagues to do the same. ExxonMobil, to take on this critical must fight together to protect the Mr. VAN HOLLEN. Madam Presi- role. Mr. Tillerson, who has never rights and freedoms of all people. dent, my father served in the Foreign served in government, has spent many President Trump’s executive order Service at the Department of State, so years building business relationships highlights the need for a Secretary of I spent some of my early years over- with Russia and Vladimir Putin, and in State who will push back against seas. I was proud to be part of a family 2013, even received the Russian Order of President Trump’s worst impulses. Mr. that represented our great country. I Friendship, an award given to for- Tillerson, however, seems ready to do

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.041 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S549 the opposite and reinforce many of Needless to say, Justice Scalia left NOMINATION OF BETSY DEVOS President Trump’s worst instincts. Mr. some big shoes to fill. But after learn- Ms. COLLINS. Madam President, I Tillerson’s lack of focus on human ing a little about Judge Gorsuch, I come to the floor to announce a very rights and the rule of law indicate that have to say that if anyone can come to difficult decision that I have made; he seems not to appreciate the role of fill them, I think Judge Gorsuch can. that is, to vote against the confirma- American in the world—particularly Like Justice Scalia, Judge Gorsuch has tion of Betsy DeVos to be our Nation’s dangerous traits when President a brilliant mind. He shares Justice next Secretary of Education. This is Trump is retreating from America’s 70- Scalia’s gift for the written word. The not a decision that I have made lightly. year special role in the world, retreat- Washington Post noted the many peo- I have a great deal of respect for Mrs. ing—in the words of a recent article in ple ‘‘who have praised Gorsuch’s lucid DeVos. I believe she is a good person. I The Atlantic—to a pre-1941 world of and occasionally lyrical writing style.’’ know she cares deeply about the chil- ‘‘closed borders, limited trade, intoler- Slate called Judge Gorsuch’s writing dren of this Nation. But for the reasons ance to diversity, arms races, and a go- ‘‘superb, incisive, witty, and acces- that I will explain, I simply cannot it-alone national race to the bottom.’’ sible.’’ support her confirmation. Finally, I seriously question Mr. But most importantly, like Justice Later today, the Senate will vote on Tillerson’s commitment to working Scalia, Judge Gorsuch understands the a motion to proceed to the DeVos nom- with our allies and cosigners of the role of a Supreme Court Justice. He ination. I will vote to proceed to the Paris Climate Agreement to confront knows that a Justice’s job is to inter- nomination because I believe that one of our greatest global challenges. pret the law, not write it. In a speech Presidents are entitled to considerable While at certain points, he has ac- last year, Judge Gorsuch said the fol- deference for the selection of Cabinet knowledged the dangers of climate lowing: ‘‘Perhaps the greatest project members, regardless of which political change, he has more recently ques- of Justice Scalia’s career was to re- party is in power, and that each and tioned the science and the human con- mind us of the differences between every Senator should have the right to tribution. In his hearing, he acknowl- judges and legislators.’’ cast his or her vote on nominees for edged that climate change does exist Understanding those differences is in- the Cabinet. That is why, during Presi- and that the United States needed to dispensable. Brilliance, eloquence, dent Obama’s administration, I voted have a seat at the table, but he failed learning, compassion—none of those for procedural motions, including clo- to express any urgency to respond or a things matter if you don’t understand ture, to allow the President’s nominees clear commitment to the Paris Agree- the proper role of the Supreme Court. for Secretary of Defense and for Sec- ment. That role is to interpret the law, not retary of Labor to receive up-or-down While Mr. Tillerson may be a skilled make the law—to judge, not legislate; votes by the full Senate, even though I business dealmaker, the job of the Sec- to call balls and strikes, not to try and ultimately voted against those two retary of State and the leader of our rewrite the rules of the game. nominees on the Senate floor. At the State Department requires the experi- It is great to have strong opinions. It time, I stated that it is appropriate for ence and determination to meet our is great to have sympathy for causes or every Senator to have an opportunity current challenges. Given his extensive organizations. It is great to have plans to vote for or against an individual ties to Russia and questionable com- for fixing society’s problems. But none Cabinet member, and I still believe mitment to advancing human rights of those things has any business influ- that is the right approach. and combatting climate change, I do encing your ruling when you sit on the Let me again make clear what I said not believe that Mr. Tillerson is the Supreme Court. Judge Gorsuch under- at the beginning of my remarks, which right person for this job, and I will vote stands this. That is why I trust him to explains why this has been a decision against his confirmation. that I have not made lightly. I know The PRESIDING OFFICER. The Sen- sit on the Supreme Court. When Judge Gorsuch was nominated that Mrs. DeVos cares deeply about ator from South Dakota. to the Tenth Circuit Court of Appeals children. I recognize that she has de- NOMINATION OF NEIL GORSUCH 10 years ago, he was confirmed by a voted much time and resources to try Mr. THUNE. Madam President, last unanimous vote here in the Senate. to improve the education of at-risk night President Trump announced the You can’t really get a more bipartisan children in cities whose public schools nomination of Judge Neil Gorsuch to confirmation than that. At the time, have failed them. I commend her for the Supreme Court. He will fill the spot then-Senator Ken Salazar, a Colorado those efforts. left vacant by the death of Justice Democrat who later became Interior I wrote to Mrs. DeVos, seeking her Antonin Scalia. assurances in writing that she would Justice Scalia left a profound mark Secretary under Obama, noted that not support any Federal legislation on our judicial history. He had a bril- Judge Gorsuch ‘‘has a sense of fairness mandating that States adopt vouchers liant mind, a ready wit, and a vivid and and impartiality that is a keystone of nor would she condition Federal fund- colorful writing style that made read- being a judge.’’ ing on the presence of voucher pro- ing his decisions not only illuminating Given the wide respect in which grams in States. She has provided that but enjoyable. But most importantly, Judge Gorsuch is held, his outstanding commitment, and I ask unanimous Antonin Scalia had a profound respect record, and his previous overwhelm- consent that the exchange of cor- for the rule of law and the Constitu- ingly bipartisan confirmation, I am respondence with Mrs. DeVos be print- tion. He knew that he was a judge, not hopeful that his nomination will move ed in the RECORD at the conclusion of a legislator, and his job was not to quickly through the Senate. Senate my statement. make the law but to interpret the law. Democrats have spoken a lot about the Nevertheless, like all of us, Mrs. That is exactly what he did. need to fill the ninth seat on the Su- DeVos is the product of her experience. For 30 years, Justice Scalia ruled on preme Court. Now is the chance. She appears to view education through the plain meaning of the laws and the I congratulate Judge Gorsuch on his the lens of her experience in promoting Constitution. His politics, his personal nomination, and I look forward to see- alternatives to public education in De- opinions, his own feelings about a ing him confirmed to the Supreme troit and other cities where she has, no case—none of those was allowed to play Court. doubt, done valuable work. Her con- a role in his decision. He asked what I yield the floor. centration on charter schools and the law said, what the Constitution I suggest the absence of a quorum. vouchers, however, raises the question said, and he ruled accordingly, even The PRESIDING OFFICER. The about whether she fully appreciates when he didn’t like the result. Justice clerk will call the roll. The bill clerk proceeded to call the that the Secretary of Education’s pri- Scalia once said: roll. mary focus must be on helping States If you are going to be a good and faithful Ms. COLLINS. Madam President, I judge, you have to resign yourself to the fact and communities, parents, teachers, that you’re not always going to like the con- ask unanimous consent that the order school board members, and administra- clusions you reach. If you like them all the for the quorum call be rescinded. tors strengthen our public schools. time, you are probably doing something The PRESIDING OFFICER. Without While it is unrealistic and unfair to wrong. objection, it is so ordered. expect a nominee to know the details

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.042 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S550 CONGRESSIONAL RECORD — SENATE February 1, 2017 of all the programs under the jurisdic- As a strong proponent of local control, I perhaps in other parts of America just tion of the Department of Education, I believe the decision of whether to provide because of our geography. We are iso- am troubled and surprised by Mrs. vouchers, scholarships, or other public sup- lated. Eighty-two percent of the com- DeVos’s apparent lack of familiarity port for students who choose to attend a munities are not attached by a road. nonpublic school should not be mandated by with the landmark 1975 law, the Indi- the federal government. Rather, this is a The communities are small. The viduals with Disabilities Education state and school district matter. schools are smaller. Act—known as the IDEA—that guaran- The Every Student Succeeds Act made In our urban centers, what some find tees a free and appropriate education great strides in returning control over edu- unusual is we have more diversity in to children with special needs. cation decisions to states and local commu- our populations than most people could The mission of the Department of nities, and I applaud your efforts in passing understand or even imagine. One of the Education is broad, but supporting that important law. Decisions about whether neighborhoods in my hometown of An- public education is at its core. I am to provide parental choice will vary from chorage hosts the most ethnically di- concerned that Mrs. DeVos’s lack of ex- state to state and district to district, reflect- ing local needs. verse schools in the United States of perience with public schools will make As I stated during my confirmation hear- America. So I have urban schools that it difficult for her to fully understand, ing before the U.S. Senate Health, Edu- have rich diversity, and I have very identify, and assist with those chal- cation, Labor, and Pensions Committee on rural, very remote, extremely remote lenges, particularly for our rural January 17, while I am a strong supporter of schools that face challenges when it schools in States like Maine. school choice, I am also respectful of state comes to how we deliver education. So In keeping with my past practice, I and local decisions on this issue. Therefore, knowing that we have the strongest will vote today to proceed to debate on if confirmed, I will not impose a school public school system is a priority for Mrs. DeVos’s nomination. But I will choice program on any state or school dis- trict. me. not, I cannot, vote to confirm her as I have spent considerable time one- our Nation’s next Secretary of Edu- Senator Collins, I look forward to working with you to support Maine’s teachers, on-one with Mrs. DeVos before and cation. schools and districts as they work to provide after the committee hearing. I spent There being no objection, the mate- a high quality education to every student. the entirety of the Senate HELP Com- rial was ordered to be printed in the Sincerely, mittee listening carefully to the ques- RECORD, as follows: BETSY DEVOS. tions that colleagues put to her. After- U.S. SENATE, Ms. COLLINS. Madam President, I ward, I reviewed not only her written Washington, DC, January 24, 2017. yield the floor. responses to me but those that she had Mrs. BETSY DEVOS, The PRESIDING OFFICER. The Sen- Education Secretary-Designate, responded to other colleagues. I re- Washington, DC. ator from Tennessee. quested further that she provide cer- DEAR MRS. DEVOS: I am writing to follow Mr. ALEXANDER. Madam President, tain commitments in writing. After up on the questions posed to you in your con- I suggest the absence of a quorum. speaking with her at length and consid- firmation hearing regarding your position on The PRESIDING OFFICER. The ering everything that I have learned, I school vouchers should you be confirmed as clerk will call the roll. have the following comments to share: Secretary of Education. I have concerns The senior assistant legislative clerk First, I must state that I absolutely about the impact of such a voucher program, proceeded to call the roll. believe Betsy DeVos cares deeply for especially on rural school districts with lim- ited budgets and numbers of students. Ms. MURKOWSKI. Mr. President, I all children. I think we all acknowl- The needs of public schools in Maine are ask unanimous consent that the order edge that she could have spent her very different from those in large urban for the quorum call be rescinded. time, her energy, and her considerable areas, where some schools have failed our The PRESIDING OFFICER (Mr. COT- resources on almost anything else that children. The majority of Maine’s schools TON). Without objection, it is so or- she chose to do. I admire her for choos- and school districts are small and rural, and dered. ing to help children to access a better the constraints on resources and the reali- Ms. MURKOWSKI. Mr. President, I ties of distance greatly influence the policies education because she could have cho- and practices for delivering high-quality ask unanimous consent to speak on the sen to do many other things, but she education in those settings. The concern I upcoming motion to proceed to the chose to work for children, and I appre- hear in Maine from teachers, administrators, DeVos nomination for a period of 5 ciate that. and parents is that school vouchers will di- minutes. Now, as Senators, we are in the posi- vert scarce resources from public schools. The PRESIDING OFFICER. Without tion to provide advice and consent on During my time as a U.S. Senator, I have objection, it is so ordered. the President’s nominee. My view has visited more than 200 schools in Maine. At Ms. MURKOWSKI. Mr. President, I each visit, I have seen repeatedly the skilled been—and has been since I came to the and dedicated teachers, administrators, and would like to share my thoughts with U.S. Senate—that under almost all cir- staff working closely with parents to deliver my colleagues today about the Presi- cumstances, a President has the right the best possible education for their stu- dent’s nominee to be Secretary of Edu- to have their nominees considered and dents. Likewise, I have spoken with students cation. I shared many of these to receive a full vote by the entire Sen- who are vibrant members of their commu- thoughts yesterday with my colleagues ate. nities and excited about learning. Our public on the Senate HELP Committee. So I have gone back, and I have schools have a tremendous impact on stu- Like my colleague from Maine, this looked at how I, as a Senator, have dents and communities, and the U.S. Depart- nomination has been a very difficult handled confirmations under President ment of Education is an important partner one for me. It has been very personal. in fulfilling the promise of high-quality pub- Bush and President Obama. When clo- lic education for all students. As I mentioned in committee, I take ture votes have been called on Cabinet Please respond in writing to the following very personally the education of the nominees, my practice has been to vote question: Would you oppose a federal man- children in my State. I take very per- aye. I voted aye twice for Secretary of date that would require states to adopt pri- sonally the contributions that our edu- Defense Hagel. I voted aye for Sec- vate school vouchers? I ask that you respond cators, our administrators in the retary of Labor Perez, even though I prior to the Senate Health, Education, schools—all that they provide and the voted against his confirmation in the Labor, and Pensions Committee mark-up on importance that we should all place on January 31. final vote. Sincerely, the education of America’s children. So, Mrs. DeVos. SUSAN M. COLLINS, I don’t think it is an overstatement She has answered thousands of ques- United States Senator. to say that I have struggled with how tions that have been put to her. Nei- I will cast my vote on the nomination ther the Office of Government Ethics, JANUARY 25, 2017. of Mrs. DeVos. Again, I take very per- the Senate HELP Committee, nor I Hon. SUSAN COLLINS, sonally the success of Alaska’s schools have found any substantive reason to U.S. Senate, and the success of Alaska’s school- question Mrs. DeVos’s name or reputa- Washington, DC. Dear SENATOR COLLINS: Thank you for the children. We have a lot of schools in tion, but yet I have heard from thou- opportunity to answer your question about Alaska, as we all do around the coun- sands—truly thousands of Alaskans my position on federal education mandates try. My schools, I would challenge you who share their concerns about Mrs. regarding private school vouchers. all, are a little bit more diverse than DeVos as Secretary of Education. They

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.011 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S551 have contacted me by phone, by email, is truly a refuge. And that she will prised if any President supported an in person, and their concerns center— fight for the children whose parents Education Secretary who didn’t sup- as mine do—on Mrs. DeVos’s lack of ex- don’t even know how to navigate these port charter schools. I would be sur- perience with public education and the educational options. prised if a Republican President nomi- lack of knowledge she portrayed in her I believe that my colleagues here in nated an Education Secretary who confirmation hearing. the Senate and the many, many they didn’t believe in school choice. Alaskans are not satisfied that she represent have the right to debate What I especially like about Mrs. would uphold Federal civil rights laws these questions, to air their thoughts DeVos is that she believes in the local in schools that receive Federal funds. and concerns and perspectives about school board, instead of the national They question her commitment to stu- this nomination, and again I believe school board. She has made it clear dents with disabilities’ rights under that any President has the right to ex- that there will be no mandates from IDEA. They fear that the voucher pro- pect that we do so. Washington to adopt Common Core in grams that are intended to serve them I conclude my remarks to make clear Arkansas or Tennessee if she is the may actually rob them of the oppor- that my colleagues know firmly that I Education Secretary, there will be no tunity to benefit from an education in do not intend to vote, on final passage, mandate in Washington to evaluate an inclusive environment with their to support Mrs. DeVos to be Secretary teachers in Washington State this way nondisabled peers. of Education. I thank the chairman of or that way if she is the Secretary, and After 8 years of the micromanage- the committee for working with me there will be no mandate from Wash- ment that we have seen from this pre- and with my colleagues on this matter, ington to have vouchers in Maine or vious administration, quite honestly, but I cannot support this nominee. Alaska if she is the Secretary. they are very concerned that Mrs. Mr. President, I yield the floor. She believes in the bill we passed in DeVos will force vouchers on Alaska. The PRESIDING OFFICER. The Sen- December of 2015, with 85 votes, that Now, she has said that she has not. She ator from Tennessee. restores to States and classroom teach- has committed publicly and to me per- Mr. ALEXANDER. Mr. President, I ers and local school boards the respon- sonally that she will not seek to im- ask unanimous consent to speak for 5 sibility for making decisions about pose vouchers on our States. She has minutes. standards, about tests, about how to committed to implementing Federal The PRESIDING OFFICER. Without help improve schools, about how to education laws as they are written and objection, it is so ordered. evaluate teachers. That passed because intended, and this is a welcome depar- Mr. ALEXANDER. Mr. President, I people were so sick and tired of Wash- ture from what we had seen with the come to the floor to thank the Senator ington telling local schools so much two previous Secretaries of Education. from Alaska and the Senator from about what to do. The PRESIDING OFFICER. The Sen- Maine for this reason: They are fol- She will be that kind of Education ator’s time has expired. lowing a long and venerable tradition Secretary. She will be an excellent Ms. MURKOWSKI. Mr. President, I in the United States Senate that too Education Secretary. The two Senators ask unanimous consent for an addi- many Senators do not follow. They are have followed a venerable and honor- tional 11⁄2 minutes. allowing—despite their final view on able tradition in the Senate by saying The PRESIDING OFFICER. Without the substance of an issue—the full Sen- they will vote to allow the full Senate objection, it is so ordered. ate to make a decision on an important to consider her nomination, and when Ms. MURKOWSKI. Thank you, Mr. issue. we do, I am confident she will be con- President. It used to be that a motion to pro- firmed. She has committed that the focus she ceed to an issue was routine. It used to There being no objection, the mate- will give, not only to Alaska but to all be that after a certain period of time, rial was ordered to be printed in the States will not undermine, erode, or ig- we would cut off the vote so we could RECORD, as follows: [Jan. 24, 2017] nore public schools and that she will, have an up-or-down vote, 51, on an im- SENATE SHOULD PROMPTLY CONFIRM BETSY in fact, work to support our public portant issue. DEVOS schools. She has committed to me that We have gotten away from that, but (By Sen. Lamar Alexander) she will come to Alaska in order to Senator COLLINS and Senator MUR- Democrats desperately are searching for a learn from Alaska’s educators, our par- KOWSKI have been among the most con- valid reason to oppose Betsy DeVos for U.S. ents, school board members, and our sistent Senators who would say, absent Education Secretary because they don’t tribal representatives to see for herself extraordinary circumstances, ‘‘I am want Americans to know the real reason for the challenges we face. going to vote to allow the vote to come their opposition. That real reason? She has spent more than I still continue to have concerns. I to the floor so the full Senate can three decades helping children from low-in- think Mrs. DeVos has much to learn make its decision,’’ and I thank them come families choose a better school. Spe- about our Nation’s public schools, how for that. cifically, Democrats resent her support for they work and the challenges they Madam President, as to Mrs. DeVos, allowing tax dollars to follow children to face. I ask unanimous consent to have print- schools their low-income parents’ choose— I have serious concerns about a nomi- ed in the RECORD, following my re- although wealthy families choose their chil- nee to be Secretary of Education who marks, an article about why the Sen- dren’s schools every day. has been so involved in one side of the ate should promptly confirm Betsy Tax dollars supporting school choice is hardly subversive or new. In 2016, $121 billion equation—so immersed in the push for DeVos as U.S. Education Secretary, in federal Pell Grants and new student loans vouchers—that she may be unaware of which I believe it will do so. followed 11 million college students to ac- what actually is successful within the Mrs. DeVos will be an excellent Edu- credited public, private or religious schools public schools and also what is broken cation Secretary. She has commitment of their choice, whether Notre Dame, Ye- and how to fix them. to public education. She has said that. shiva, the University of Tennessee or Nash- Betsy DeVos must show us that she There is no better example of that than ville’s auto diesel college. These aid pay- truly understands the children of Alas- her work on the most important re- ments are, according to Webster’s—‘‘vouch- ka and across America, both urban and form of public schools in the last 30 ers’’—exactly the same form of payments that Mrs. DeVos supports for schools. rural, who are not able to access an al- years, which is charter schools. America’s experience with education ternative choice in education, as in so Charter public schools are the fastest vouchers began in 1944 with the GI Bill. As many of my communities. She must growing form of public education to veterans returned from World War II, federal show us that she will work to help the give teachers more freedom and par- tax dollars followed them to the college of struggling public schools that strive to ents more choices, and she has been at their choice. educate children whose parents are un- the forefront of that public school ac- Why, then, is an idea that helped produce able to drive them across town to get tivity. Second, she has spent her time the Greatest Generation and the world’s best colleges such a dangerous idea for our chil- to a better school. That she will not ig- truly helping to give low-income par- dren? nore the homeless students whose main ents more choices and better schools Mrs. DeVos testified that she opposes worry is finding somewhere safe to for their children, but is that a reason Washington, D.C., requiring states to adopt sleep and for whom their public school not to support her? I would be sur- vouchers, unlike her critics who delight in a

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.013 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S552 CONGRESSIONAL RECORD — SENATE February 1, 2017 National School Board imposing their man- The PRESIDING OFFICER. The Sen- exceptions to the Muslim ban. It is to dates on states, for example, Common Core ator from New Hampshire. repeal the ban entirely. The President academic standards. TRAVEL BAN has called for what he has termed ‘‘ex- So, who is in the mainstream here? The GI Bill, Pell Grants, student loans, both Presi- Mrs. SHAHEEN. Mr. President, I treme vetting,’’ but the truth is that dents Bush, President Trump, the 25 states came to the floor today to join with our vetting procedures are already that allow parents to choose among public Senators and people across this coun- thorough and rigorous. It takes as long and private schools, Congress with its pas- try in speaking out against the Presi- as 24 months for a refugee to make it sage of the Washington, D.C. voucher pro- dent’s misguided and, I believe, de- through the process and come to the gram, 45 U.S. senators who voted in 2015 to structive Executive order that has United States. The entire screening allow states to use existing federal dollars abruptly closed our borders to all refu- process takes place outside the United for vouchers, Betsy DeVos—or her senate critics? gees as well as citizens from seven States. So it doesn’t pose a threat to The second reason Democrats oppose Mrs. Muslim-majority countries. people here in America. DeVos is that she supports charter schools— During the campaign, Candidate In my home State of New Hampshire, public schools with fewer government and Trump called for a ‘‘total and complete the President’s Executive order has union rules so that teachers have more free- shutdown of Muslims entering the caused shock and profound concern, es- dom to teach and parents have more freedom United States.’’ I had certainly hoped pecially in our business and academic to choose the schools. In 1992, Minnesota’s that once in office, he would receive communities, as well as in our immi- Democratic-Farmer-Labor party created a dozen charter schools. Today there are 6,800 wise and prudent counsel and he would grant communities. T.J. Parker is the in 43 states and the District of Columbia. realize that elevating such a Muslim CEO of PillPack, a company that em- President Obama’s last Education Secretary ban to the status of official U.S. policy ploys nearly 400 people in Manchester, was a charter school founder. Again, who is would have very negative con- which is the largest city in New Hamp- in the mainstream? Minnesota’s Democratic- sequences. shire. He said on Monday: ‘‘This ban is Farmer-Labor party, Presidents Bush, Clin- Instead, what we have seen is that a wrong and goes against our values as a ton and Obama; the last six U.S. Education small group in the White House acting company and as Americans.’’ Secretaries, the U.S. Congress, 43 states and in secret produced this Executive He continued: ‘‘I’m also deeply con- the District of Columbia, Betsy DeVos—or order. They did so without legal review cerned about any measures that could her senate critics? Her critics dislike that she is wealthy. and even without the knowledge of the discourage talented individuals from Would they be happier if she had spent her Secretary of Homeland Security, the studying and working in the U.S.’’ money denying children from low-income Secretary of Defense, or the nominee The Union Leader newspaper re- families choices of schools? to be Secretary of State. As a result, as ported yesterday that more than 700 Mrs. DeVos’ senate opponents are grasping we all know, we saw a weekend of refugees who settled in New Hampshire for straws. We didn’t have time to question chaos and confusion—a self-inflicted over the past decade are from the seven her, they say, even though she met with each countries singled out in the Executive one of them in their offices, and her hearing wound to our national security and to lasted nearly an hour and a half longer than our reputation in the world. order and would have been banned from either of President Obama’s education secre- The consequences go far beyond the entry. These immigrants are not taries. scenes of disorder that we witnessed in Iraqis, Somalis, Sudanese or Syrians. Now she is answering 837 written follow up recent days. By singling out Muslim- They are proud loyal members of our questions from Democratic committee mem- majority countries and banning their diverse American family. Many of bers—1,397 if you include all the questions citizens from entry into the United them have spouses or children still in within a question. By comparison, Repub- States and by denying entry to all ref- refugee camps, and they hope to be licans asked President Obama’s first edu- cation secretary 53 written follow-up ques- ugees, the President has greatly dam- united with their families. The Presi- tions and his second education secretary 56 aged America’s image across the world dent’s order has now slammed the door written follow-up questions, including ques- and, perhaps, worst of all, this Execu- on these hopes. tions within a question. In other words, tive order is a gift to ISIS, Al Qaeda, Yesterday the Associated Press in Democrats have asked Mrs. DeVos 25 times and to every other radical jihadist New Hampshire reported on Dr. Omid as many follow-up questions as Republicans group. On social media they celebrated Moghimi, an internist at New Hamp- asked of either of President Obama’s edu- the travel ban as a confirmation to shire Dartmouth-Hitchcock Medical cation secretaries. Center. An American citizen, he fell in Finally, Democrats are throwing around their narrative that the United States conflict of interest accusations. But Betsy is at war with Islam and that they are love with a childhood friend in Iran and DeVos has signed an agreement with the engaged in a clash of civilizations. One married her in Tehran in 2015. Here is independent Office of Government Ethics to ISIS sympathizer praised the Executive the picture of the two of them on their divest, within 90 days of her confirmation, order as a ‘‘blessed ban,’’ comparing it wedding day. After months of vetting possible conflicts of interest identified by to what he called ‘‘the blessed inva- for entry to the United States, his wife the ethics office, as every cabinet secretary sion’’ of Iraq, which inflamed anti- had an appointment for her visa inter- is required to do. That agreement is on the American anger across the Islamic view. That appointment was abruptly internet. Tax returns? Federal law does not require world. This is dangerous because this is canceled after the President’s Execu- disclosure of tax returns for cabinet mem- a powerful recruitment tool for our en- tive order, and Dr. Moghimi worries bers, or for U.S. Senators. Both cabinet emies. that this could become permanent. He members and senators are already required I am also deeply concerned that this is now in his first year of a 3-year resi- to publish extensive disclosures of their Executive order endangers our troops dency, and he fears he will have to holdings, income and debts. Cabinet mem- and our diplomats who are in the field. leave the United States in order to live bers must also sign an agreement with the Today, more than 5,000 American with his wife, who volunteers at Office of Government Ethics to eliminate po- troops are supporting Iraqi troops in daycare centers and an orphanage. Dr. tential conflicts of interest. One year ago, because I believe presidents the fight to reclaim Mosul and drive Moghimi told the AP: ‘‘There’s no evi- should have their cabinet in place in order to ISIS out of Iraq. By discriminating dence that she is in any way even a govern, I worked to confirm promptly Presi- based on religion and nationality, the miniscule threat, security risk, and dent Obama’s nomination of John King to be President’s order undermines the local there are many, many cases like her Education Secretary, even though I dis- alliances and the trust established by out there.’’ agreed with him. our troops and diplomats in the field. If this Executive order stays in ef- Even though they disagree with her, Demo- This order is so ill-considered that, as fect, we lose the opportunity to have crats should also promptly confirm Betsy Dr. Moghimi practice in the United DeVos. Few Americans have done as much to originally drafted, it even barred Iraqi help low-income students have a choice of civilians, including translators who States and maybe serve a community better schools. She is on the side of our chil- provided essential assistance to the in New Hampshire, and it has a real dren. Her critics may resent that, but this U.S. mission. impact on their lives. The ill-advised says more about them than it does about Just to be clear, this Muslim ban is words and actions, including this Exec- her. un-American. It is offensive to our Na- utive order, have damaged America’s Mr. ALEXANDER. Mr. President, I tion’s core values and ideals. The right standing in the world and harmed our yield the floor. way forward is not to carve out small national security. But the Senate has

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.009 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S553 an opportunity to send a very different The PRESIDING OFFICER. Are there Enzi Kennedy Rounds message to our allies and to our en- any other Senators in the Chamber de- Ernst King Rubio Fischer Lankford Sasse emies across the globe. We can make siring to vote? Flake Lee Scott clear that America’s democracy is The result was announced—yeas 56, Gardner Manchin Shelby founded on a system of checks and bal- nays 43, as follows: Graham McCain Sullivan Grassley McConnell Thune ances, and that the President doesn’t [Rollcall Vote No. 36 Ex.] Hatch Moran Tillis speak for America or make policy all Heitkamp Murkowski YEAS—56 Toomey Heller Paul by himself. I urge my Senate col- Warner Alexander Gardner Paul Hoeven Perdue leagues to join with us in supporting Wicker Barrasso Graham Perdue Inhofe Portman legislation to repeal the President’s Blunt Grassley Portman Isakson Risch Young order. We need to send a clear message Boozman Hatch Risch Johnson Roberts to the world that America does not Burr Heitkamp Roberts Capito Heller NAYS—43 support discrimination based on reli- Rounds Cassidy Hoeven Rubio Baldwin Gillibrand Peters gion. We welcome appropriately vetted Cochran Inhofe Sasse Bennet Harris Reed Collins Isakson refugees from wars and violence, and Scott Blumenthal Hassan Sanders Corker Johnson we respect our Muslim allies, including Sessions Booker Heinrich Schatz Cornyn Kennedy our friends in Iraq who have sacrificed Shelby Brown Hirono Schumer Cotton King Cantwell Kaine so much in the fight against ISIS. Crapo Lankford Sullivan Shaheen Thune Cardin Klobuchar Stabenow In recent days we have seen what Cruz Lee Carper Leahy Tillis Tester Daines Manchin Casey Markey happens when America betrays its Toomey Udall Enzi McCain Cortez Masto McCaskill ideals and its allies. The Senate has a Warner Van Hollen Ernst McConnell Donnelly Menendez Warren responsibility to reassert those ideals Fischer Moran Wicker Duckworth Merkley and to reassure our allies. I urge my Flake Murkowski Young Durbin Murphy Whitehouse Wyden colleagues to support legislation that NAYS—43 Feinstein Murray Franken Nelson Senator FEINSTEIN put forward to re- Baldwin Gillibrand Peters peal the President’s Executive order. Bennet Harris Reed NOT VOTING—2 Thank you very much. I yield the Blumenthal Hassan Sanders Coons Sessions floor. Booker Heinrich Schatz Brown Hirono The motion was agreed to. The PRESIDING OFFICER. The Sen- Schumer Cantwell Kaine Shaheen The PRESIDING OFFICER. The ma- ator from Indiana. Cardin Klobuchar Stabenow jority leader. Mr. DONNELLY. Mr. President, I rise Carper Leahy Tester Casey Markey today to speak about the nominee for Udall Cortez Masto McCaskill f Van Hollen Secretary of State. I will be brief and Donnelly Menendez Warren to the point. Duckworth Merkley Whitehouse MOTION TO PROCEED TO Mr. Rex Tillerson led his last organi- Durbin Murphy LEGISLATIVE SESSION zation in a lobbying campaign to un- Feinstein Murray Wyden dermine the national security interests Franken Nelson Mr. MCCONNELL. Mr. President, I of the United States in favor of Russia, NOT VOTING—1 move to proceed to legislative session. Iran, and corporate profit. Putting nar- Coons The PRESIDING OFFICER. The row corporate interests ahead of Amer- question is on agreeing to the motion. The nomination was confirmed. ica’s national security interests is in- Mr. MCCONNELL. I ask for the yeas The PRESIDING OFFICER. The ma- excusable for a CEO and disqualifying and nays. jority leader is recognized. for a nominee to be our Nation’s chief The PRESIDING OFFICER. Is there a diplomat. Mr. MCCONNELL. Mr. President, I sufficient second? I will vote against Rex Tillerson’s move to reconsider the vote on con- There appears to be a sufficient sec- nomination for Secretary of State, and firmation. ond. I encourage my colleagues to do the The PRESIDING OFFICER. The The clerk will call the roll. same. question is on the motion to recon- The senior assistant legislative clerk Thank you, Mr. President. I yield sider. called the roll. back the remainder of my time. Mr. MCCONNELL. Mr. President, I Mr. CORNYN. The following Senators I suggest the absence of a quorum. move to table the motion to recon- are necessarily absent: the Senator The PRESIDING OFFICER. The sider, and I ask for the yeas and nays. from Alabama (Mr. SESSIONS) and the clerk will call the roll. The PRESIDING OFFICER. Is there a Senator from North Carolina (Mr. The senior assistant legislative clerk sufficient second? TILLIS). proceeded to call the roll. There appears to be a sufficient sec- Mr. DURBIN. I announce that the Mr. ISAKSON. Mr. President, I ask ond. Senator from Delaware (Mr. COONS) is unanimous consent that the order for The question is on agreeing to the necessarily absent. the quorum call be rescinded. motion to table the motion to recon- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without sider the vote on confirmation. any other Senators in the Chamber de- objection, it is so ordered. The clerk will call the roll. Mr. ISAKSON. Mr. President, I yield siring to vote? back the remainder of our time. The bill clerk called the roll. The result was announced—yeas 53, The PRESIDING OFFICER. Without Mr. CORNYN. The following Senator nays 44, as follows: objection, it is so ordered. is necessarily absent: the Senator from [Rollcall Vote No. 38 Ex.] All postcloture time has expired. Alabama (Mr. SESSIONS). YEAS—53 The question is, Will the Senate ad- Mr. DURBIN. I announce that the Alexander Flake Moran vise and consent to the Tillerson nomi- Senator from Delaware (Mr. COONS) is Barrasso Gardner Murkowski nation? necessarily absent. Blunt Graham Paul Mr. ISAKSON. Mr. President, I ask The PRESIDING OFFICER (Mr. Boozman Grassley Perdue Burr Hatch Portman for the yeas and nays. TOOMEY). Are there any other Senators Capito Heitkamp Risch The PRESIDING OFFICER. Is there a in the Chamber desiring to vote? Cassidy Heller Roberts sufficient second? The result was announced—yeas 55, Cochran Hoeven Rounds Collins Inhofe There appears to be a sufficient sec- Rubio nays 43, as follows: Corker Isakson Sasse ond. [Rollcall Vote No. 37 Ex.] Cornyn Johnson Scott The clerk will call the roll. Cotton Kennedy The senior assistant legislative clerk YEAS—55 Crapo King Shelby called the roll. Alexander Capito Cornyn Cruz Lankford Sullivan Thune Mr. DURBIN. I announce that the Barrasso Cassidy Cotton Daines Lee Blunt Cochran Crapo Enzi McCain Toomey Senator from Delaware (Mr. COONS) is Boozman Collins Cruz Ernst McConnell Wicker necessarily absent. Burr Corker Daines Fischer Menendez Young

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.016 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S554 CONGRESSIONAL RECORD — SENATE February 1, 2017 NAYS—44 Udall Warner Whitehouse The senior assistant legislative clerk Van Hollen Warren Wyden Baldwin Gillibrand Peters read the nomination of Elisabeth Bennet Harris Reed NOT VOTING—2 Prince DeVos, of Michigan, to be Sec- Blumenthal Hassan Sanders Coons Sessions Booker Heinrich retary of Education. Schatz The PRESIDING OFFICER. The ma- Brown Hirono Schumer The PRESIDING OFFICER. The Cantwell Kaine Shaheen jority leader. Cardin Klobuchar Journal stands approved to date. Stabenow The majority leader. CLOTURE MOTION Carper Leahy Tester Casey Manchin Mr. MCCONNELL. Mr. President, I Udall f Cortez Masto Markey send a cloture motion to the desk. Van Hollen Donnelly McCaskill Warner MOTION TO PROCEED TO The PRESIDING OFFICER. The clo- Duckworth Merkley ture motion having been presented Durbin Murphy Warren EXECUTIVE SESSION Whitehouse under rule XXII, the Chair directs the Feinstein Murray Mr. MCCONNELL. Mr. President, I Wyden Franken Nelson move that the Senate proceed to execu- clerk to read the motion. The senior assistant legislative clerk NOT VOTING—3 tive session to consider Calendar No. read as follows: Coons Sessions Tillis 11, Elisabeth DeVos to be Secretary of CLOTURE MOTION The motion was agreed to. Education. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- f question is on agreeing to the motion. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby LEGISLATIVE SESSION Mr. MCCONNELL. I ask for the yeas move to bring to a close debate on the nomi- and nays. The PRESIDING OFFICER. The ma- nation of Elisabeth Prince DeVos, of Michi- The PRESIDING OFFICER. Is there a gan, to be Secretary of Education. jority leader. sufficient second? Mitch McConnell, David Perdue, Johnny f There appears to be a sufficient sec- Isakson, Tom Cotton, Mike Crapo, ond. James E. Risch, Pat Roberts, Roy THE JOURNAL The clerk will call the roll. Blunt, John Boozman, Lamar Alex- ander, John Barrasso, Orrin G. Hatch, Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk Jeff Flake, John Cornyn, Shelley move that the reading of the Journal called the roll. Moore Capito, John Thune, Richard be waived. Mr. DURBIN. I announce that the Burr. The PRESIDING OFFICER. The Senator from Delaware (Mr. COONS) is The PRESIDING OFFICER. The Sen- question is, Shall the Journal stand ap- necessarily absent. ator from Missouri. proved to date? The PRESIDING OFFICER (Mr. NOMINATION OF NEIL GORSUCH Mr. MCCONNELL. I ask for the yeas GARDNER). Are there any other Sen- Mr. BLUNT. Mr. President, I am and nays. ators in the Chamber desiring to vote? proud to have a chance to speak in sup- The PRESIDING OFFICER. Is there a The result was announced—yeas 52, port of your fellow Coloradan, Neil sufficient second? nays 47, as follows: Gorsuch, President Trump’s nominee There is a sufficient second. [Rollcall Vote No. 40 Leg.] to be an Associate Justice of the Su- The clerk will call the roll. YEAS—52 preme Court. The bill clerk called the roll. Alexander Flake Perdue Clearly, we all understand this is an Mr. CORNYN. The following Senator Barrasso Gardner Portman important decision and an important is necessarily absent: the Senator from Blunt Graham Risch institution. The Supreme Court is the Alabama (Mr. SESSIONS). Boozman Grassley Roberts only Court specified in the Constitu- Mr. DURBIN. I announce that the Burr Hatch Rounds Capito Heller Rubio tion and often the final arbiter of how Senator from Delaware (Mr. COONS) is Cassidy Hoeven Sasse the Constitution and the law is to be necessarily absent. Cochran Inhofe Scott Collins Isakson applied. In the history of the Court, in The PRESIDING OFFICER (Mr. Sessions Corker Johnson Shelby the history of the country, only 112 in- JOHNSON). Are there any other Sen- Cornyn Kennedy Sullivan dividuals have had the honor to serve ators in the Chamber desiring to vote? Cotton Lankford Thune on the Supreme Court. As we debate The result was announced—yeas 54, Crapo Lee Tillis the qualifications and qualities of the nays 44, as follows: Cruz McCain Daines McConnell Toomey person who has been nominated, and I [Rollcall Vote No. 39 Leg.] Enzi Moran Wicker Young hope to see confirmed as the 113th per- YEAS—54 Ernst Murkowski Fischer Paul son to serve as an Associate Justice or Alexander Fischer Moran a Justice on the Court, it is really vital NAYS—47 Barrasso Flake Murkowski we understand that we have a nominee Blunt Gardner Paul Baldwin Harris Nelson who has a deep understanding and ap- Boozman Graham Perdue Bennet Hassan Peters Burr Grassley Portman Blumenthal Heinrich Reed preciation of the role of the Court and Capito Hatch Risch Booker Heitkamp Sanders the role the Court plays in our democ- Cassidy Heitkamp Roberts Brown Hirono Schatz Cochran Heller Rounds racy. Cantwell Kaine Schumer Collins Hoeven Rubio Cardin King Judge Gorsuch embodies these prin- Corker Inhofe Sasse Shaheen ciples through a lifetime of service, Carper Klobuchar Stabenow Cornyn Isakson Scott Casey Leahy Tester and he has really prepared himself in Cotton Johnson Shelby Cortez Masto Manchin Udall many unique ways for this moment. He Crapo Kennedy Sullivan Donnelly Markey Van Hollen Cruz King Thune Duckworth McCaskill graduated from Columbia University, Daines Lankford Tillis Durbin Menendez Warner where he was elected to Phi Beta Durbin Lee Toomey Feinstein Merkley Warren Kappa and earned his law degree from Enzi McCain Wicker Franken Murphy Whitehouse Ernst McConnell Young Gillibrand Murray Wyden Harvard Law School. After law school, Judge Gorsuch served as a Supreme NAYS—44 NOT VOTING—1 Court clerk to two different Justices, Baldwin Franken Merkley Coons Justice Byron White and Justice An- Bennet Gillibrand Murphy Blumenthal Harris Murray The motion was agreed to. thony Kennedy. It has been pointed out Booker Hassan Nelson f that if Judge Gorsuch is confirmed to Brown Heinrich Peters serve on the Court, he will be the first Cantwell Hirono Reed EXECUTIVE SESSION person ever to serve with someone for Cardin Kaine Sanders Carper Klobuchar Schatz whom he clerked, and hopefully he and Casey Leahy Schumer Justice Kennedy will have an oppor- Cortez Masto Manchin EXECUTIVE CALENDAR Shaheen tunity to serve together. Donnelly Markey Stabenow Duckworth McCaskill The PRESIDING OFFICER. The After clerking on the Court, he went Feinstein Menendez Tester clerk will report the nomination. on to a successful career in private law

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.006 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S555 practice, spending 10 years litigating a doubtedly gasp at a suggestion that Gorsuch that a good judge doesn’t rule based on broad range of complex trials and ap- would be a good addition to a court that has what a judge likes to have happen but peals. been shorthanded for more than a year. what the law and the Constitution in- In 2004, just in case his Harvard law Gorsuch is most widely known for ruling in the Hobby Lobby contraception case before sists does happen. degree wasn’t enough, as a Marshall it reached the Supreme Court in 2014. His Going back and continuing just one scholar, he received a doctorate in phi- controversial decision was upheld in a 5–4 more paragraph from that Denver Post losophy from Oxford University. vote. Gorsuch wrote in the case that those editorial: At every point in his preparation, it with ‘‘sincerely held religious beliefs’’ should A Justice who does his best to interpret has been understood he was at the top not be forced to participate in something the Constitution or statute and apply the of that preparatory activity. He has ‘‘their religion teaches them to be gravely law of the land without prejudice could go served his country in the Justice De- wrong.’’ far to restore the faith in the highest court partment, working as the Principal We disagreed with that ruling, saying the of the land. That faith has wavered under the Deputy Associate Attorney General. In Supreme Court wrongly applied constitu- manufactured and false rhetoric from critics tional protections of religious freedom to a 2006, 10 years ago, President George W. that the high court has become a corrupt corporation that remained owned by a small body stacked with liberals. And while Demo- Bush nominated him to serve on the group of like-minded individuals. crats will surely be tempted to criticize the Tenth Circuit Court of Appeals. At the We argued that even closely held corpora- nomination of anyone Trump appoints, time of his nomination, the American tions—primarily functioning as money-mak- they’d be wise to take the high road and look Bar Association gave him a unanimous ing entities and not religious institutions— at qualifications and legal consistency rath- ‘‘well qualified’’ rating, the highest shouldn’t be able to opt out of the Affordable er than political leanings. rating. The Senate then confirmed his Care Act mandate that insurance cover con- traception by citing First Amendment pro- That is in the middle of that edi- nomination unanimously by a voice tections intended for individuals and church- torial that is now in the RECORD. vote. es. The Supreme Court is one of the Today I believe the Senate has 11 But in considering Gorsuch’s body of work most important legacies this President Democrats serving with us who were and reputation—and yes, we like his ties to is likely to leave. I think he made a part of that unanimous process. In his Colorado as well—we hope Trump gives him very well-considered and right choice decade on the Tenth U.S. Circuit Court the nod. in selecting Judge Gorsuch to begin We are not afraid of a judge who strictly of Appeals bench, Judge Gorsuch has shaping the long-term view of the demonstrated a steadfast commitment interprets the Constitution based solely on the language and intent of our nation’s Court. I look forward to hearing more to upholding the rule of law and inter- founders, as long as he is willing to be con- from the judge as this confirmation preting the Constitution as its authors sistent even when those rulings conflict with process moves forward and to seeing intended. his own beliefs. him confirmed as an Associate Justice I am confident he will continue to ad- As Denver Attorney Jason Dunn, who con- of the Supreme Court. here to the Constitution, apply the rule siders himself a longtime fan of Gorsuch, ex- I yield the floor. of law, and not legislate from the plains, his views stem ‘‘from a belief in a sep- The PRESIDING OFFICER. The Sen- aration of powers and in a judicial modesty bench. I think he understands, as Jus- ator from Vermont. tice Scalia did, that the job of a Jus- that it is not in the role of the courts to make law. Justice Scalia would put it: If you Mr. LEAHY. Mr. President, we began tice of the Supreme Court is not to de- like every one of your rulings, you’re prob- public hearings on the Supreme Court cide what the law should be or what ably doing it wrong.’’ nominees in 1916. Since we began those, the Constitution, in their opinion, A justice who does his best to interpret the the Senate has never denied a hearing should say but decide what the law is Constitution or statute and apply the law of or a vote to a pending Supreme Court and what the Constitution does say. the land without prejudice could go fair to nominee—never, since 1916 until last His keen intellect and devotion to restore faith in the highest court of the land. year. law are very well understood and ap- That faith has wavered under the manufac- Last year Senate Republicans waged preciated throughout the legal profes- tured and false rhetoric from critics that the high court has become a corrupt body an unprecedented blockade against the sion. He has the integrity, the profes- stacked with liberals. And while Democrats nomination of Chief Judge Merrick sional qualifications, and the judicial will surely be tempted to criticize the nomi- Garland, a fine judge with impeccable temperament to serve on the Nation’s nation of anyone Trump appoints, they’d be credentials and with strong support highest Court. wise to take the high road and look at quali- from both Republicans and Democrats, Mr. President, I ask unanimous con- fications and legal consistency rather than a man who should be on the Supreme sent to have printed in the RECORD an political leanings. Court today. This is the first time editorial from earlier this week. Gorsuch, at 49, will have years to whittle away at that damaging lack of trust. A July since 1916 that had ever been done. In- There being no objection, the mate- stead, bowing to the extreme right of rial was ordered to be printed in the 2016 Gallup Poll found that 52 percent of Americans disapproved of the way the Su- their party, Republicans who knew him RECORD, as follows: preme Court handled its job. The finding is and who even had said publicly before [From the Denver Post, Jan. 26, 2017] striking, considering the same poll in 2000 how much they respected him and how TRUMP WOULD DO WELL TO CONSIDER NEIL found only 29 percent of Americans dis- he should be on the Supreme Court re- GORSUCH FOR SUPREME COURT approved. fused even to meet with him, let alone We could do far worse than a thoughtful (By the Editorial Board) accord him the respect of a confirma- Then-U.S. Sen. Ken Salazar, right, intro- graduate from Columbia, Harvard and Oxford universities, who clerked for two Supreme tion hearing—even though the Con- duces Neil Gorsuch at his nomination hear- stitution says that we shall advise and ing to the U.S. Court of Appeals for the 10th Court justices and calls Denver home. Circuit on June 21, 2006. Gorsuch is being Mr. BLUNT. I wish to share a little of consent and even though each one of us considered as a possibly replacement for the that editorial where the Denver Post has raised our hand in a solemn oath late U.S. Supreme Court justice Antonin says: saying we will uphold the Constitution. Scalia. We are not afraid of a judge who strictly So this is exactly what happened. President Donald Trump is on the verge of interprets the Constitution based solely on The Republicans held hostage a va- making his most enduring appointment to the language and intent of our nation’s cancy on the Supreme Court for a year date and we are encouraged by one of the founders, as long as he is willing to be con- so that their candidate for President names on his list to replace former Supreme sistent even when those rulings conflict with Court Justice Antonin Scalia. could choose a nominee. The blockade his own beliefs. Neil Gorsuch is a federal judge in Denver of the Merrick Garland nomination was As Denver Attorney Jason Dunn, who con- with Western roots and a reputation for shameful, but I think it is also corro- siders himself a longtime fan of Gorsuch, ex- being a brilliant legal mind and talented plains, his views stem ‘‘from a belief in a sep- sive for our system of government. writer. Those who have followed Gorsuch’s aration of powers and in a judicial modesty Candidate Donald Trump, who verbally career say that from his bench in the U.S. that it is not in the role of the courts to attacked a sitting Federal judge in 10th Circuit Court of Appeals he has applied make law. Justice Scalia would put it: If you what Speaker RYAN called ‘‘a textbook the law fairly and consistently, even issuing like every one of your rulings, you’re prob- example of a racist comment,’’ encour- provocative challenges to the Supreme Court ably doing it wrong.’’ to consider his rulings. aged Senate Republicans to ‘‘delay, Liberals who dreamed of a less-conserv- That is similar to what you and I delay, delay.’’ Candidate Trump then ative Merrick Garland on the court will un- heard Judge Gorsuch say last night; went further. He said he would

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.024 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S556 CONGRESSIONAL RECORD — SENATE February 1, 2017 outsource the vetting of potential cial Security and Medicare and Med- The PRESIDING OFFICER. The Sen- nominees to far-right organizations, icaid, key statutes, including the Civil ator from Virginia. many of them lobbying organizations, Rights Act, the Voting Rights Act, and TRAVEL BAN that want to stack the judiciary with the Clean Air Act, could well be at Mr. KAINE. Mr. President, I rise to ideological conservatives who are out- risk. speak on a special day. Today is my side the mainstream. He promised a So after nearly a year of obstruc- wife’s birthday. Today is National nominee who would overturn 40 years tion—unconstitutional, unprecedented Freedom Day, when we recognize Presi- of jurisprudence established in Roe v. obstruction—I really don’t want to dent Lincoln’s signing the 13th Amend- Wade. With the selection of Judge hear Republicans say we now must ment banning slavery. This is the rea- Gorsuch, it appears as though he is try- rush to confirm Judge Gorsuch. I know son we celebrate Black History Month ing to make good on that promise. the President thinks they should, but I in February. When we confirmed Judge Gorsuch also wonder how seriously even he Today, February 1, begins American for the Tenth Circuit Court of Ap- takes this. His announcement yester- Heart Month, acknowledging the great peals—and I was a Member of the Sen- day was like he was announcing the heart of the American people, as well ate at the time—I knew he was con- winner of a game show: I brought in as the need for health care. servative, but I did not do anything to these two people, and now here is the But today, February 1, is also the block him because I hoped he would winner. We are talking about the U.S. first day of World Interfaith Harmony not impose his personal beliefs from Supreme Court; treat it with the re- Week. In 2010, King Abdallah II of Jor- the bench. In fact, at his confirmation spect it deserves. dan spoke before the U.N. General As- hearing in 2006, Judge Gorsuch stated For all of the Republican talk of sembly, and he asked the U.N. to de- that ‘‘precedent is to be respected and Democrats setting the standard with clare a week every year to promote un- honored.’’ He said it is ‘‘unacceptable’’ the confirmations of Justice derstanding and tolerance between the for a judge to try to impose ‘‘his own Sotomayor and Kagan, they ignored world’s religions. In his speech before personal views, his politics, [or] his the standard they set in the shameful the U.N., this is what King Abdallah personal preferences.’’ Yet, just last treatment of Chief Judge Garland. In said: year, he tried to do that. He called for fact, I remember when—and I was It is also essential to resist forces of divi- important precedent to be overturned chairman at the time—when we set the sion that spread misunderstanding and mis- because it did not align with his per- schedule for the hearings and the vote trust, especially among peoples of different sonal philosophy. on Justice Sonia Sotomayor, and I re- religions. The fact is, humanity everywhere From my initial review of his record, member the Republican leader rushing is bound together, not only by mutual inter- ests, but by shared commandments to love that I have just begun, I question to the floor and saying: Oh, this is ter- God and neighbor, to love the good and whether Judge Gorsuch meets the high rible. You are rushing it. You are mov- neighbor. What we are proposing is a special standard set by Merrick Garland, ing it so fast. week, during which the world’s people, in whose decisions everybody would agree I pointed out that we were setting their own places of worship, could express were squarely within the mainstream. the schedule to the day—to the day— the teachings of their own faith about toler- And with the ideological litmus test the same as we set for Chief Justice ance, respect for others and peace. that President Trump has applied in John Roberts. So I asked the obvious The resolution was adopted unani- making this selection, the American question: Are you telling me the sched- mously at the U.N. General Assembly, people are justified to wonder whether ule was OK for him but not OK for her? and all nations, religions, and peoples Judge Gorsuch can truly be an inde- We followed the schedule. were asked to observe it. pendent Justice. So I intend to ask him We need time to look at all of these By happy coincidence, as the Pre- about these and other important issues nominees. siding Officer knows, King Abdallah is in the coming months. I would note, as one who has tried in Washington right now. He visited Republicans rolled the dice last year. cases in Federal courts, as a lawyer, with Senators here at the Capitol yes- They subjected the Supreme Court and and as one who has chaired the Judici- terday and today. Earlier today I met the American people to a purely polit- ary Committee, I would say the courts with him, and I told him I would speak ical gamble. They ignored the Con- are a vital check on any administra- in his honor in the hopes that his words stitution and did something that had tion, especially one that, like this one, might inspire us at a challenging time. never been done before in this country. has found itself on the losing side of an The word of last Friday’s Executive I know President Trump likes to argument in Federal court in only its orders regarding immigration and refu- boast that he won the election in a first week—they lost on something gees—orders which implemented the massive landslide. Well, of course he that a first-year law student could President’s campaign rhetoric to im- didn’t. Secretary Clinton received have told them they were going to lose. plement a Muslim ban—shocked the more than 2.8 million more votes from But with great political fanfare, the country this weekend. I traveled to Ro- the American people than President President issued an order. Fortunately, anoke and Blacksburg, VA—commu- Trump. But more importantly, due to the order was seen for what it was: No nities in the southwestern portion of Senate Republicans’ political gambit, Muslims need show up in our country. my Commonwealth. I was there to the U.S. Supreme Court clearly lost in Judge Gorsuch, to be confirmed, has meet with local health care providers this election. This is really no way to to show that he is willing to uphold the and students pursuing health care ca- treat a coequal branch of government, Constitution even against President reers. I had planned the trip to go talk and it is certainly not the way to pro- Trump, even against the lobbying about the Affordable Care Act, but at tect the independence of our Federal groups the President had vetting him. my first event, two families came to judiciary—something that is the bed- His record includes a decade on the me with a concern. Working together rock of our Constitution. Federal bench. The Judiciary Com- with Roanoke Catholic charities, they The President’s electoral college vic- mittee must now carefully review his had helped settle a Syrian refugee fam- tory—which was far narrower than ei- decisions. We have to conduct a thor- ily in Blacksburg 1 year ago. The Syr- ther of President Obama’s victories—is ough and unsparing examination of his ian family was a mom and dad and four hardly a mandate for any Supreme nomination. That is what I will do, just kids. These sponsors told me how well Court nominee who would turn back as I have done for every nominee—ev- the family was doing and how wel- the clock on the rights of women, erybody currently on the Supreme coming this community was in bring- LGBT Americans, or minorities; or a Court and many before them. Whether ing this family to Virginia and taking nominee who would use theories last nominated by a Republican or a Demo- them in. seen in the 1930s to undermine all we crat, I did a thorough and unsparing The employer of the Syrian father have accomplished in the last 80 years. examination of their nomination. The runs a construction company, and he If he follows these right-wing lobbying Senate deserves nothing less. More im- hired him to do construction work. He groups who helped vet him for the portantly, the American people deserve told me, kind of chuckling about it: President, if he follows what they nothing less. Senator, not all my workers agree with want, then critical programs, like So- I yield the floor. me on politics, but no one better say a

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.026 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S557 bad word about their Syrian coworker peace, there is wisdom in that Book for er they be Democrat or Republican, around them. our Nation. would have the opportunity to fill the He went on to describe how the em- Exodus 22:21: ‘‘You shall not wrong or vacancy on the Supreme Court, fol- ployees at his construction firm had oppress an alien, for you were aliens in lowing the Biden rule—the edict that done a number of things, including col- the land of Egypt.’’ there wouldn’t be a confirmation hear- lecting funds to help the children have Leviticus 19:34: ‘‘The alien who re- ing for a Supreme Court nominee until soccer shoes there, in Southwest Vir- sides with you shall be to you as a cit- after that year’s Presidential elec- ginia. But they didn’t tell me this izen among you; you shall love the tion—to allow the American people to story because it is a happy story about alien as yourself for you were aliens in make their decision, giving the Amer- resettlement of a family, although that the land of Egypt. ican people a say in the direction of is a point of the story. Deuteronomy 1:16: ‘‘Give the mem- this country for years to come. In re- Here is why they came to see me. The bers of your community a fair hearing turn, they have given us this nominee. community was poised to welcome a and judge rightly between one person It is with great pride that I rise second family from Syria—a mother, and another whether citizen or resident today to talk about the nominee father, and five minor children—to alien.’’ today—a fellow Coloradan, Judge Neil meet them at the Roanoke airport to- Deuteronomy 10:18–19: ‘‘For the Lord Gorsuch, President Trump’s nominee morrow and help them find a home in your God loves the strangers, providing to the Supreme Court. Judge Gorsuch the United States. This refugee family them with food and clothing. You shall comes to the Court with that unique they were supposed to meet tomorrow also love the stranger for you were western perspective that the Presiding fled Syria 4 years ago. They had been strangers in the land of Egypt.’’ Officer and I share. Our States of Utah Deuteronomy 24:17: ‘‘You shall not living in a refugee camp in Jordan, un- and Colorado obviously like to see that deprive a resident alien or an orphan of dergoing 4 years of vetting in the hopes western perspective shared at the justice.’’ they could come to America. Now, Tenth Circuit Court, where it is housed Deuteronomy 26:5: ‘‘A wandering in the West, but at every level of our their sponsors pressed papers into my Aramaean was my ancestor, he went hand and said: What will happen to this courts and to the Supreme Court—add- down into Egypt and lived there as an ing to Justice Kennedy’s background family? Are they now shut out of the alien.’’ dream they have worked so hard to and to others who share that same per- Matthew 2:13–23: Jesus began his life spective and history in the Supreme achieve? Are we now shut out from our as a refugee in Egypt. Court. desire to offer them the Christian hos- Matthew 25:34: ‘‘I was hungry and Born in Denver, Judge Gorsuch is a pitality of our community? you fed me. I was thirsty and you gave fourth-generation Coloradan, coming We have been working to get answers me drink. I was a stranger and you in- from a long line of individuals who to these questions, but as of today, we vited me into your home.’’ have dedicated their life to service not know nothing about this family’s fate. The traditions of this nation, other only to the State of Colorado but to There are so many questions I strug- nations, religions, and peoples point us the Nation. His mother, Ann Gorsuch, gle to answer in the aftermath of these in the same direction. Pope Francis re- served in the Colorado House of Rep- orders. The orders single out people minded us of these very words when he resentatives and, during the Reagan based on their Muslim faith by tar- spoke to us in the fall of 2015 and told administration, she was the first fe- geting primarily Muslim nations and us—as individual leaders and as a na- male Administrator of the Environ- allowing exceptions to be made for tion—that the yardstick we use to mental Protection Agency. His grand- Christians and other religious minori- measure and evaluate others is the father, John Gorsuch, founded one of ties. Why? yardstick that will be applied to us. Denver’s largest law firms, Gorsuch The orders single out seven coun- On this opening day of World Inter- Kirgis, where both he and Neil’s father, tries—countries where citizens have faith Harmony Week, I pray that we Dave, practiced throughout the firm’s been exposed to genocide and other commit to peaceful understanding and successful 60-year-old history. His step- crimes against humanity—while leav- appreciation of people from diverse father, Robert Buford, was a former ing countries that have actually ex- faith backgrounds. I pray that the un- speaker of the Colorado House of Rep- ported terrorists to the United States just immigration orders that target resentatives who went on to become untouched. Why? suffering people based on where they the head of the Bureau of Land Man- The order was applied to legal perma- were born or how they worship will be agement. nent residents of the United States rescinded. I pray that Congress and the Judge Gorsuch is also one of our until clarified and also to brave people administration will work together to country’s brightest legal minds, with a who had helped American soldiers on set up appropriate security procedures sterling reputation, and significant ex- the battlefield, thereby earning a spe- that do not discriminate on the perience as a Federal judge and a pri- cial immigrant visa status. Why? grounds of religion or national origin, vate litigator. He has impeccable aca- We can have security procedures that and I pray that we will be true to our demic credentials and is a widely re- are based on the danger of an indi- best principles and not sacrifice them spected legal scholar. He received his vidual rather than a stereotype about for the sake of politics. bachelor’s degree from Columbia Uni- where they were born or how they wor- I yield the floor. versity, graduated from Harvard Law ship. The PRESIDING OFFICER (Mr. LEE). School, and was a Marshall scholar at I am called to reflect on these events The Senator from Colorado. Oxford University, where he obtained a by King Abdallah’s words suggesting NOMINATION OF NEIL GORSUCH doctorate in legal philosophy. that the world should recognize this Mr. GARDNER. Mr. President, as I Of course, I cannot forget the sum- week as World Interfaith Harmony stated repeatedly before the Presi- mer he spent at the University of Colo- Week. He told us today that the order dential election of this past year, we rado as well. Judge Gorsuch clerked for is being viewed with deep anxiety in stood, and continue to stand, at a very two Supreme Court justices—Byron his country, which is one of our strong- pivotal time in our Nation’s history. White, a Colorado native as well. In est allies in the Arab world—indeed, in After 8 years of using the judicial and fact, in his comments last night after the entire world. I am called to reflect regulatory systems to push through its the announcement of his nomination, on these events by my own citizens in legislative agenda, the balance of Judge Gorsuch mentioned that he Roanoke and Blacksburg, working with power had shifted from what our worked for the only Coloradan to serve a church group, who just want to serve Founders intended. Our Founders in- on the Supreme Court and also the others in a way commanded by their tended the Congress to make the laws only leading rusher in the NFL to ever faith and by all faiths. and write the laws, the executive serve on the Supreme Court. At the Presiding Officer’s desk, there branch to implement the laws, and the He also clerked for Justice Anthony is a book of the rules of the Senate and judiciary to be guardians of the Con- Kennedy, as well as for Judge David there is also a Bible. In a week where stitution, not to make the laws. Sentelle on the U.S. Court of Appeals all are called to reflect upon their own That is why we said that the next for the DC Circuit. Following his clerk- religious traditions of tolerance and President of the United States, wheth- ships, Judge Gorsuch went into private

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.028 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S558 CONGRESSIONAL RECORD — SENATE February 1, 2017 practice, eventually rising to the rank preferences. He said: ‘‘Personal politics Court. Over the coming days and of partner in the elite litigation law or policy preferences have no useful months, we are going to have many op- firm of Kellogg Huber, leaving practice role in judging; regular and healthy portunities to talk about the qualities in 2005 to serve as a high-ranking offi- doses of self-skepticism and humility of Judge Gorsuch, but we have already cial in the Bush administration Justice about one’s own abilities and conclu- heard many people complain that per- Department. A year later, President sions always do.’’ haps they didn’t pay enough attention George W. Bush nominated Gorsuch to Judge Gorsuch understands the ad- to Judge Gorsuch 10 years ago. They serve on the Tenth Circuit Court of Ap- vantage of democratic institutions and talked about their concern, this new- peals, a position for which he was con- the special authority and legitimacy found concern that was not available— firmed by a unanimous vote. I think it that come from the consent of the gov- that apparently wasn’t there 10 years is very telling that not only was he ernment. He said: ‘‘Judges must allow ago when this Senate unanimously sup- confirmed by a unanimous vote, but the elected branches of government to ported Judge Gorsuch. roughly 11 or 12 members of the Demo- flourish and citizens, through their I have even heard complaints that cratic conference were there to vote for elected representatives, to make laws they didn’t like the way that his nomi- Judge Gorsuch. There are people serv- appropriate to the facts and cir- nation was announced—a complaint ing today who voted for Judge cumstances of the day.’’ about how the President announced the Gorsuch. I believe SCOTUSblog re- Judge Gorsuch appreciates the rule nomination. Those are the kinds of cently reported that when Judge of law and respects the considered concerns we are hearing about Judge Gorsuch was nominated to the Tenth judgment of those who came before Gorsuch today because they didn’t like Circuit Court, then, Neil Gorsuch’s him. He said: the way he was announced. confirmation hearing was sparsely at- Precedent is to be respected and honored. We are going to have a lot of oppor- tended. I believe it mentioned that It is not something to be diminished or de- tunity to talk about his temperament, only a few people attended. I think meaned. those things he believes are important as a judge, those things he believes are Senator LINDSEY GRAHAM, our col- This morning, I had the opportunity league from South Carolina, was one of to meet with Judge Gorsuch—of important to make decisions. I look the Senators to attend his confirma- course, knowing him from Colorado forward to having a conversation about what I believe is a brilliant legal tion hearing. I believe Senator LEAHY, and the town of Boulder, where he lives mind—someone of a brilliant legal our colleague from Vermont, submitted today, and also where I received my mind, someone with a sterling reputa- questions for the record. But as law degree. We spent a lot of time talk- tion, someone who has been known as a SCOTUSblog cited, very few people at- ing about our favorite passions in Colo- feeder judge of clerks to the highest tended his confirmation hearing be- rado, whether it is fly-fishing, whether Court in the land, someone who rules cause of the high caliber and high qual- it is paddle-boarding. Of course, he on the law and not on his personal be- ity of the nomination. He was intro- spends a lot of time out on the Boulder liefs, someone who believes in the Con- duced by my predecessor from Colo- Reservoir, enjoying recreation—just stitution and not in the role of legis- rado, Ken Salazar, and was praised like every other person in Boulder does and every other person in Colorado lator from the bench. from Senator Salazar’s perspective for I am grateful I had this opportunity does—as somebody who understands being impartial, fair, and the having to support a Coloradan, a man of the the great outdoors. We talked about the kind of temperament that we need West, to Nation’s highest Court, and I the rule of law. We talked about the in the circuit court. look forward to working to place Judge separation of powers, his concern over Judge Gorsuch is an ardent faithful Gorsuch as Associate Justice to the originalism and textualism, and fol- defender of the Constitution and has U.S. Supreme Court. the appropriate temperament, as then- lowing in the footsteps of other great Mr. President, I yield back my time. Senator Salazar noted, to serve on the Justices on the Supreme Court. The PRESIDING OFFICER. The Sen- Nation’s highest Court. Of course, he We talked about something he said ator from Massachusetts. was then talking about the Tenth Cir- last night when his name was put for- Ms. WARREN. Mr. President, we are cuit Court. Judge Gorsuch recognizes ward for nomination by President in the second week of the Trump Presi- that the judiciary isn’t the place for Trump. We talked about a statement dency, and it is pretty clear that some- social or constitutional experimen- he made to this effect: If a judge likes thing is happening in our country. All tation, and efforts to engage in such every opinion that they have written, across the Nation, Americans in quiet experimentation delegitimizes the every decision that they have reached, towns and boisterous cities are taking Court. He has said: they are probably a bad judge. I think to the streets to fight for American This overweening addiction to the court- this goes to his insistence that, as a values. They are protesting in the room as the place to debate social policy is judge, you must put your personal be- streets and calling their Representa- bad for the country and bad for the judici- liefs, your personal policies aside to tives. They are getting involved in ary. . . . As a society, we lose the benefit of rule as the rule of law requires and to local organizations, and they are orga- the give-and-take of the political process and rule as the Constitution and the stat- nizing around the causes they support. the flexibility of social experimentation that utes require. We know that American values are only the elected branches can provide. We discussed in our meeting deci- threatened when the President issues Here we see his understanding that sions he made of which he didn’t like an order banning immigrants from the certain debates are to take place where the outcome but believed that the rule country based on their religion. We debate is held by those elected directly of law required a certain outcome— know that American values are threat- by the people—in the Congress. whether it was a felon who possessed a ened when politicians try to break Judge Gorsuch believes in the separa- handgun or whether the Federal Gov- apart a health care system that has ex- tion of powers as established by our ernment had misspoken to the accused tended medical benefits to millions of Founding Fathers in the Constitution. and he believed that the government Americans, and we know that Amer- As he rightly stated, ‘‘a firm and inde- had done the accused wrong. ican values are threatened when a pendent judiciary is critical to a well- While Judge Gorsuch personally be- President tries to stack his govern- functioning democracy,’’ under- lieved that perhaps he would have liked ment with billionaires and insiders who standing the value of three branches of to have found a guilty decision or have a history of grinding working peo- government, the value of an inde- agreed with a guilty decision, he ple into the dirt. pendent judiciary, understanding that couldn’t do it because of the standards Yesterday something happened that there are certain things dedicated ex- that were applied in the case—the is a threat to our American values. clusively to the judiciary, to the legis- grammatical gravity that had to be ig- President Trump nominated Judge Neil lative branch, and to the executive. nored in order to reach the conclusion Gorsuch to serve on the Supreme Judge Gorsuch is not an ideologue. the lower court had reached. Court. For years now, I have repeated He is a mainstream jurist who follows His ability to put personal opinions this warning: America’s promise of the law as written and doesn’t try to aside, I think, is what makes him an equal justice under the law is in dan- supplant it with his personal policy ideal candidate for the U.S. Supreme ger. Over the last three decades, as the

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.029 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S559 rich have grown richer and middle- shareholders to bring lawsuits when independent judiciary. We don’t need class families have struggled, the companies commit fraud, whining Justices who have been handpicked for scales of justice have also tilted, tilted about how annoying it is for billionaire their willingness to kowtow to those in favor of the wealthy and the power- corporations to have to face their in- with money, power, and influence. We ful. vestors when they cheat them. need Justices who will stand up to This is not an accident. It is part of As a judge for more than a decade, he those with money, power, and influ- a deliberate strategy to turn our courts has twisted himself into a pretzel to ence. into one more rigged game for folks at make sure that the rules favor giant Judge Gorsuch may occasionally the top, and its effects have been dev- companies over workers and individual write in vague terms about the impor- astating. Recent court decisions have Americans. Let me just count some of tance of the independent courts. protected giant businesses from ac- the ways. He has sided with employers Today, right now, that simply is not countability, made it harder for people who deny wages, employers who im- good enough. Now, more than ever, the who have been injured or cheated to properly fire workers, employers who United States needs a Supreme Court get a hearing, gutted longstanding laws retaliate against whistleblowers for that puts the law first every single protecting consumers who have been misconduct. He has sided with employ- time. That means Justices with a prov- swindled, and unleashed a flood of se- ers who denied retirement benefits to en record of standing up for the rights cret money into our politics that is their workers. He has sided with big in- of all Americans—civil rights, women’s rapidly tilting the entire government surance companies against disabled rights, LGBTQ rights, and all the pro- in favor of the wealthy. workers who were denied benefits. He tections guaranteed by our laws. Billionaires and corporate giants has ruled against workers in all kinds We cannot stand down when Amer- have launched a full-scale attack on of discrimination cases. He has even ar- ican values and constitutional prin- fair-minded, mainstream judges. It has gued that the rights of corporations ciples are attacked. We cannot stand happened at every level of our judici- outweigh the rights of the people work- down when the President of the United ary, but the best example was the un- ing for them, for example, allowing States hands our highest Court over to precedented blockade of Judge Merrick businesses to assert religious beliefs so the highest bidder, and that is why I Garland’s nomination to the Supreme they can limit their employees’ access will oppose Judge Gorsuch’s nomina- Court. Judge Garland was an obvious to health care. tion. consensus nominee and a straight Listen to that one again. He thinks Mr. President, I yield. shooter who followed the law. Why that a company can assert a religious I suggest the absence of a quorum. block him? The problem was that belief and decide whether female em- The PRESIDING OFFICER. The Judge Garland’s career didn’t reflect a ployees get access to birth control. clerk will call the roll. sufficient willingness to bend the law Let’s be clear. That means a lot of em- The legislative clerk proceeded to to suit the needs of the rich and power- ployees will be living at the whim of call the roll. ful. And for that sin, far-right groups, their employers. Mr. HATCH. Mr. President, I ask financed by Big Business interests, Judge Gorsuch has written unanimous consent that the order for spent millions of dollars attacking dismissively about lawsuits to vindi- the quorum call be rescinded. him, to torpedo his nomination and cate the rights of vulnerable people. The PRESIDING OFFICER. Without keep that seat open. Equal marriage? Assisted suicide? Keep objection, it is so ordered. They did something else that is even those issues out of his courtroom. Mr. HATCH. Mr. President, I rise more damaging: Far-right groups also He is willing to open the doors wide today in support of the nomination of drew up a list of ‘‘acceptable’’ Supreme when big corporations show up in his Judge Neil M. Gorsuch to serve as the Court nominees, people who dem- court to challenge health and safety next Associate Justice of the Supreme onstrated they were sympathetic to rules they don’t like or regulations to Court of the United States. Judge the rich and the powerful. Judge Neil prevent them from polluting our air Gorsuch has been nominated to fill the Gorsuch made the cut, and his nomina- and water, poisoning our food, under- seat left vacant by the late Justice tion is their reward. mining our public safety, or just plain Antonin Scalia. Judge Gorsuch is intelligent and ac- cheating people. When that happens, Justice Scalia was a dear friend of complished. He is polite, respectful, Judge Gorsuch is ready to go, to over- mine, and his death was a great loss to and articulate. Make no mistake, his ride the rules with his own views. On me and to our country, not just to me professional record, which I have re- that score, he is even more extreme personally but for the whole Nation. viewed in detail, clearly and consist- than Justice Scalia. Justice Scalia joined the Supreme ently favors the interests of big cor- This is exactly the type of Supreme Court after years of unbridled activism porations over workers, big corpora- Court Justice that giant corporations by the Court, during which time Jus- tions over consumers, and big corpora- want, but they have never been quite tices imposed their own left-wing tions over pretty much anybody else. so brazen about it. Spending millions views—completely unmoored from the Let’s not mince words. The nomina- to slime a consensus straight shooter law as written—on the American peo- tion of Judge Gorsuch is a huge gift to nominee like Merrick Garland and ple. the giant corporations and wealthy in- steal a Supreme Court seat, then draw- In response, he led a much needed dividuals who have stolen a Supreme ing up a public list of ‘‘acceptable’’ al- revolution based on the enduring prin- Court seat in order to make sure that ternatives and handing it over to a bil- ciple that the role of a judge is to say the justice system works for them. lionaire President so he can do his bud- what the law is, not what a judge wish- What I am saying shouldn’t be con- dies a favor. That is bold. That is bold, es it were. As the intellectual architect troversial. They haven’t made a secret and that is not how America is sup- of the effort to restore the judiciary to of what they were doing. This is ex- posed to work. its proper role under the Constitution, actly why Judge Gorsuch has been on Our courts are supposed to be neutral Justice Scalia was a singularly influen- their list for 4 months. He is the payoff arbiters, dispensing justice based on tial jurist. for their multimillion-dollar invest- the facts and the law, not people cho- To say that he leaves big shoes to fill ment. sen to advance the interests of those at is an understatement. Any worthy suc- Throughout his professional career, the top. cessor to his legacy will not only be Judge Gorsuch has shown a truly re- Let’s be clear. This fundamental committed to continuing his life’s markable insensitivity to the struggles principle might be more important work but also capable of delivering the of working Americans and an eagerness today than it has ever been in modern sort of intellectual firepower and lead- to side with businesses that break the history. Every day our new President ership that Justice Scalia provided for rules over workers who are seeking jus- finds more ways to demonstrate his decades. tice. hostility for an independent judiciary, Of all the potential candidates for Even before he became a judge, Judge for a civil society, and for the rule of this position, this vacancy, Neil Gorsuch famously argued in favor of law. That is precisely the reason that Gorsuch stands out as the jurist best limiting the ability of investors and our Constitution gives us a neutral, positioned to fill this role. His resume

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.030 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S560 CONGRESSIONAL RECORD — SENATE February 1, 2017 can only be described as stellar: Co- history to decide what a reasonable reader at depend on to produce the outcomes lumbia University, a Marshall Scholar- the time of the events in question would commanded by the law and the Con- ship to study at Oxford, Harvard Law have understood the law to be—not to decide stitution. Neil Gorsuch has firmly es- School, clerkships for Judge Sentelle cases based on their own moral convictions tablished himself as that kind of a or the policy consequences they believe on the DC Circuit and for Justices might serve society best. judge. In Neil Gorsuch’s America, the White and Kennedy on the Supreme laws that bind us are made by the peo- Court, a distinguished career in private As Justice Scalia put it, ‘‘If you are ple’s elected representatives, not practice and at the Department of Jus- going to be a good and faithful judge, unelected, unaccountable judges. In tice, and more than a decade of service you have to resign yourself to the fact Neil Gorsuch’s America, the powers on the U.S. Court of Appeals for the that you’re not always going to like and limits of each branch of govern- Tenth Circuit. the conclusions you reach. If you like ment are decided by the Constitution, Even among his many talented col- them all the time, you are probably no matter whether their enforcement leagues on the Federal bench, his opin- doing something wrong.’’ produces a liberal or conservative out- ions consistently stand out for their This is exactly the kind of judicial come. In Neil Gorsuch’s America, the clarity, thoughtfulness, and airtight philosophy we need our judges to basic freedoms of the American people reasoning. In the words of one of his espouse, and Neil Gorsuch is exactly enumerated in the Bill of Rights are colleagues appointed by President Car- the man to embody it on the Supreme carefully protected, whether they are ter, Judge Gorsuch ‘‘writes opinions in Court. If there is one line in that lec- in fashion lately with the left, the a unique style that has more verve and ture to which I could draw attention, it right, both or neither. In Neil vitality than any other judge I study is the quotation of Justice Scalia’s for- Gorsuch’s America, the views that on a regular basis.’’ He continued: mulation of the very basic notion that matter are yours and mine, not those ‘‘Judge Gorsuch listens well and de- a good judge will oftentimes reach out- of a handful of lawyers in black robes cides justly. His dissents are instruc- comes that he does not personally in Washington. tive rather than vitriolic. In sum, I agree with as a matter of policy. Such For these reasons, I applaud the think he is an excellent judicial crafts- a notion should be uncontroversial. President for his absolutely stellar man.’’ Indeed, many of Justice Scalia’s choice. Judge Gorsuch will do us proud This view of Judge Gorsuch’s capa- brightest opinions came in cases in as our next Supreme Court Justice. I bilities is broadly shared across a wide which I suspect he would have voted will do everything in my power to en- swath of legal observers. Consider some differently as a legislator than as a sure his confirmation. I will have more other descriptions of his qualifications judge. Yet such a concept might seem to say on this in the future, but I yield from outlets that could hardly be con- wholly foreign to a casual observer of the floor at this time. sidered conservative. The New York media coverage of the Supreme Court, The PRESIDING OFFICER. The Sen- Times reported on his ‘‘credentials and in which cases are invariably viewed ator from Hawaii. erudition.’’ The Los Angeles Times through a political lens. Decisions and Ms. HIRONO. Mr. President, it hasn’t called him a ‘‘highly regarded . . . ju- Justices are regularly described as lib- even been 2 weeks, and President rist,’’ and ABC News described how ‘‘in eral or conservative, with little atten- Trump has already demonstrated that legal circles, he’s considered a gifted tion paid to rationale and method- he has little tolerance for independent writer.’’ ology, the matters properly at the core thinking and dissent. He has his own I think there can be no doubt that of a judge’s work. This phenomenon re- version of reality, which is why his ad- Judge Gorsuch has the credentials to flects a regrettable dynamic observed ministration resorts to alternative make him a capable and effective mem- by Justice Scalia himself. As the late facts. ber of the U.S. Supreme Court. Never- Justice observed, when judges sub- When the media accurately reported theless, I have long held that a nomi- stitute their personal policy pref- how small the crowd was at his inau- nee’s resume alone—no matter how erences for the fixed and discernible guration, he presented us with alter- sterling—should not be considered suf- meaning of the law, the selection of native facts. When the media pointed ficient evidence to merit confirmation judges—in particular, the selection of out he lost the popular vote by the to the Supreme Court. Rather, we Supreme Court Justices—becomes largest margin of any President, he should also consider a nominee’s judi- what he called a mini-plebiscite on the boldly proclaimed, without any evi- cial philosophy. In this analysis, Judge meaning of the Constitution and laws dence, that 3 to 5 million people voted Gorsuch has developed a record that of this country. Put another way, if illegally. Many consider this whopper should command ironclad confidence in judges are empowered to rewrite the as a cynical way to encourage more his understanding of the proper role of laws as they please, the judicial ap- States to pass voter suppression laws a judge under the Constitution. pointment process becomes a matter of justified by the bogus claim of wide- Judge Gorsuch’s opinions and selecting life-tenured legislators prac- spread voter fraud. writings show a clear fidelity to a tically immune from any account- Just 2 days ago, the President again judge’s proper role. While his body of ability whatsoever. showed the American people how intol- work is replete with examples of this If we value such a system of judicial erant he is of principled dissent when fidelity, I want to point to one example review, a system deeply at odds with he fired acting Attorney General Sally in particular, a lecture he delivered the Constitution’s concept of the judi- Yates after she refused to enforce or last year in the wake of Justice ciary, then one can easily see why judi- defend his totally unjustifiable, knee- Scalia’s death that is one of the most cial selection becomes a matter of pro- jerk, and probably unconstitutional thoughtful and persuasive cases for the ducing particular policy outcomes. Executive order on Muslim immigra- proper role of a judge that I have ever Thus, it is easy to see why many on the tion. read. In it, he affirmed his allegiance left who believe in such a system de- By firing Sally Yates, the President to the traditional account of the judi- mand litmus tests on hot-button policy demonstrated once again that he val- cial role championed by Justice Scalia, issues. To them, a judge is not fit to ues loyalty to himself above service to which he described as such: serve unless they rule in a way that the American people and adherence to The great project of Justice Scalia’s career produces a particular policy. Simply the Constitution. This is particularly was to remind us of the differences between put, this is a terrible way to approach disturbing as we begin to consider the judges and legislators. To remind us that judicial selection. It undermines the President’s nomination of Judge Neil legislators may appeal to their own moral Constitution and all of the crucial Gorsuch to sit on the Supreme Court. convictions and to claims about social util- principles that it enshrines from the I am only beginning to scrutinize ity to reshape the law as they think it rule of law to the notion that our gov- Judge Gorsuch’s record, but I am very should be in the future. But that judges ernment’s legitimacy depends on the concerned that he will be a should do none of these things in a demo- cratic society. That judges should instead consent of the government. rubberstamp for President Trump’s strive (if humanly and so imperfectly) to A good judge is not one that we can radical agenda. You don’t have to take apply the law as it is, focusing backward, not depend on to produce particular policy my word for it. You only have to listen forward, and looking to text, structure, and outcomes. A good judge is one we can to what the President has been saying

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.032 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S561 over the past 2 years. In June 2015, tion that will reassert congressional [Rollcall Vote No. 41 Ex.] then-Candidate Trump told CNN’s Jake authority and make a real impact for YEAS—55 Tapper that he would apply a pro-life the American people. Alexander Flake Murkowski litmus test for his nominees to the Su- One of those resolutions will address Barrasso Gardner Paul preme Court. He did it again at a press a regulation that puts U.S. companies Blunt Graham Perdue Boozman Grassley conference last March, during the third at a competitive disadvantage to pri- Portman Burr Hatch Risch Presidential debate, and shortly after vate and foreign companies. Passing Capito Heitkamp Roberts his election. this resolution will allow the SEC to go Cassidy Heller Rounds This isn’t the only litmus test Presi- Cochran Hoeven Rubio back to the drawing board so that we Collins Inhofe Sasse dent Trump promised to apply. In Feb- can promote transparency, which is Corker Isakson Scott ruary 2016, President Trump com- Cornyn Johnson something we all want, but to do so Shelby Cotton Kennedy mitted to appointing a Justice who without giving giant foreign conglom- Sullivan would allow businesses and individuals Crapo Lankford erates a leg up over American workers. Cruz Lee Thune to deny women access to health care on We will take it up soon. Daines Manchin Tillis the basis of so-called religious freedom. The other resolution, which we will Donnelly McCain Toomey In February 2016, President Trump told take up first, will address an eleventh- Enzi McCaskill Wicker Joe Scarborough he would make up- Ernst McConnell Young hour parting salvo in the Obama ad- Fischer Moran holding the Heller decision on guns an- ministration’s war on coal families NAYS—42 other litmus test for his Supreme that could threaten one-third of Amer- Court nominee. Like tens of millions of ica’s coal-mining jobs. It is identical to Baldwin Harris Peters Americans, I am deeply concerned that Bennet Hassan Reed the legislation I introduced this week Blumenthal Heinrich Sanders President Trump applied each of these and is a continuation of my efforts to Booker Hirono Schatz tests before he nominated Judge push back against the former adminis- Brown Kaine Schumer Gorsuch to the Supreme Court. tration’s attack on coal communities. Cantwell King Shaheen In the weeks and months ahead, I Cardin Klobuchar Stabenow Appalachian coal miners, like those Carper Leahy Tester will carefully and extensively scruti- in my home State of Kentucky, need Casey Markey Udall nize Judge Gorsuch’s record. I will relief right now. That is why groups Cortez Masto Menendez Van Hollen Duckworth Merkley Warner question him on his judicial philosophy like the Kentucky Coal Association, and how he interprets the Constitu- Feinstein Murphy Warren the United Mine Workers Association, Franken Murray Whitehouse tion. I will insist he clarify his position and 14 State attorneys general, among Gillibrand Nelson Wyden on a woman’s constitutionally pro- others, have all joined together in a NOT VOTING—3 tected right to choose, on voting call to overturn this regulation. Coons Durbin Sessions rights, and the appropriate balance be- The Senate should approve this reso- The motion was agreed to. tween corporate interests and indi- lution without delay and send it to the vidual rights. I will do my job as a President’s desk. The sooner we do, the f United States Senator. The American sooner we can begin undoing the job- people deserve nothing less from each killing policies associated with the LEGISLATIVE SESSION of us. I yield the floor. stream buffer rule. This is not a par- The PRESIDING OFFICER. The ma- Mr. President, I suggest the absence tisan issue; this is about bringing relief jority leader. to those who need it and protecting of a quorum. f The PRESIDING OFFICER. The jobs across our country. I hope our clerk will call the roll. friends across the aisle will support our DISAPPROVING A RULE SUB- The legislative clerk proceeded to Nation’s coal miners and join me in ad- MITTED BY THE DEPARTMENT call the roll. vancing this resolution. OF THE INTERIOR—MOTION TO Mr. MCCONNELL. Mr. President, I After we address these regulations, PROCEED ask unanimous consent that the order both the House and the Senate will Mr. MCCONNELL. Mr. President, I for the quorum call be rescinded. continue working to advance several move to proceed to H.J. Res. 38. The PRESIDING OFFICER. Without other CRA resolutions that can bring The PRESIDING OFFICER. The objection, it is so ordered. the American people relief. clerk will report the motion. STREAM BUFFER RULE f The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, for the last 8 years, the Obama administra- MOTION TO PROCEED TO Motion to proceed to H.J. Res. 38, a joint tion has pushed through a number of LEGISLATIVE SESSION resolution disapproving the rule submitted by the Department of the Interior known as Mr. MCCONNELL. Mr. President, I harmful regulations that circumvent the Stream Protection Rule. Congress, slow growth, shift power now move to proceed to legislative ses- away from State and local govern- sion. Mr. MCCONNELL. I ask for the yeas ments toward Washington, and kill a The PRESIDING OFFICER. The and nays. lot of jobs. Even on the way out the question is on agreeing to the motion. The PRESIDING OFFICER. Is there a door, the former administration’s regu- Mr. MCCONNELL. Mr. President, I sufficient second? latory onslaught continued as they ask for the yeas and nays. There appears to be a sufficient sec- pushed through more midnight regula- The PRESIDING OFFICER. Is there a ond. tions. These nearly 40 major regula- sufficient second? The question is on agreeing to the tions, which were pushed through by There appears to be a sufficient sec- motion. the Obama administration since elec- ond. The clerk will call the roll. tion day, would cost Americans a pro- The clerk will call the roll. The bill clerk called the roll. jected $157 billion, according to one re- The legislative clerk called the roll. Mr. SCHUMER. I announce that the port. Mr. CORNYN. The following Senator Senator from Delaware (Mr. COONS) Fortunately, with a new President, is necessarily absent: the Senator from and the Senator from Illinois (Mr. DUR- we now have the opportunity to give Alabama (Mr. SESSIONS). BIN) are necessarily absent. the American people relief and our Mr. SCHUMER. I announce that the The PRESIDING OFFICER. Are there economy a boost. One of the most im- Senator from Delaware (Mr. COONS) any other Senators in the Chamber de- portant tools we have is the Congres- and the Senator from Illinois (Mr. DUR- siring to vote? sional Review Act, which allows Con- BIN) are necessarily absent. The result was announced—yeas 56, gress to provide relief from heavy- The PRESIDING OFFICER (Mr. nays 42, as follows: handed regulations that hold our coun- TILLIS). Are there any other Senators [Rollcall Vote No. 42 Leg.] try back. in the Chamber desiring to vote? YEAS—56 The House just took an important The result was announced—yeas 55, Alexander Blunt Burr step by sending us two pieces of legisla- nays 42, as follows: Barrasso Boozman Capito

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He said: Cochran Heitkamp Portman there is a unique category of judge, a ‘‘A judge who likes every outcome he Collins Heller Risch Corker Hoeven Roberts judge who doesn’t necessarily speak reaches is very likely a bad judge, Cornyn Inhofe Rounds constantly but a judge who listens at- stretching for results he prefers rather Cotton Isakson Rubio tentively and then pounces at the mo- than those the law demands.’’ So a bad Crapo Johnson Sasse ment when he or she sees the pivotal judge is one who necessarily likes all Cruz Kennedy Scott Daines Lankford Sessions moment in the case arising. the results he reaches, and it naturally Donnelly Lee Shelby The late Justice Oliver Wendell follows that a good judge will, from Enzi Manchin Sullivan Holmes, Jr., used to say there was a Ernst McCain time to time, necessarily disagree with Fischer McCaskill Thune point of contact in every case. When some of the judge’s own rulings. In Flake McConnell Tillis asked, he pointed out that the point of other words, the outcome of the case Toomey Gardner Moran contact in any case is the place where doesn’t necessarily match up with the Graham Murkowski Wicker Grassley Paul Young the boy got his finger caught in the outcome the good judge would prefer— machinery. I learned that quote when I or the judge, an all-powerful ruler who NAYS—42 was in law school. I have never entirely had the power not only to interpret the Baldwin Harris Peters understood what it means, but it re- law but also make it, establishing Bennet Hassan Reed Blumenthal Heinrich Sanders minds me of the fact that in every rules, embodying policies that would Booker Hirono Schatz case, there is a pivotal fact and a piv- govern in all cases. Brown Kaine Schumer otal aspect of the law which, when This is the essence of the conserv- Cantwell King Shaheen properly understood, can help lead the Cardin Klobuchar Stabenow ative legal movement—the judicial Carper Leahy Tester court to a proper disposition of the conservative movement, we might Casey Markey Udall legal question at hand. say—in which Justice Scalia was so in- Cortez Masto Menendez Van Hollen Judge Gorsuch is one of those rare fluential, which is why it is so fitting Duckworth Merkley Warner judges who is able to seize upon the Feinstein Murphy Warren that Judge Gorsuch has been named to Franken Murray Whitehouse point of contact in any case. He does so replace Justice Scalia. Gillibrand Nelson Wyden with seeming effortlessness. Yet I Judges do not have a roving commis- NOT VOTING—2 know he does it in a way that requires sion specifically to address all of the a lot of effort because these things Coons Durbin evils that plague society. They don’t don’t just come naturally. They come The motion was agreed to. have a roving commission to decide big only as a result of faithful study of the policy questions of the sort we debate f law, of faithful attention to detail in in this Chamber every day. The judge’s DISAPPROVING A RULE SUB- every case, reading every brief in every role, rather, is to apply the facts to the MITTED BY THE DEPARTMENT case. case at hand, and, in the case of the Judge Gorsuch does this in part be- OF THE INTERIOR Supreme Court, to provide guidance to cause he was well trained. When we lower courts so they can resolve dif- The PRESIDING OFFICER. The look at his background, we can see ficult and consequential questions of clerk will report the joint resolution. that excellence has always been some- law. Judge Gorsuch understands the The legislative clerk read as follows: thing we have been able to see from difference between being a judge and A joint resolution (H.J. Res. 38) dis- him. He graduated with honors from being a legislator, and that is very approving the rule submitted by the Depart- Harvard Law School and received a ment of the Interior known as the Stream much reflected in his work on the doctorate in jurisprudence from Ox- Protection Rule. bench. ford. He clerked for three brilliant and The PRESIDING OFFICER. Pursuant very well-respected jurists: Judge When I had the privilege of prac- to 5 USC 802(d)(2), there will be up to 10 David Sentelle on the U.S. Court of Ap- ticing law and appearing in front of hours of debate, equally divided be- peals for the DC Circuit and Justice Judge Gorsuch, I was able to be the tween the proponents and the oppo- Byron White, as well as Justice An- beneficiary of his skill as a judge and nents of the resolution. thony Kennedy of the U.S. Supreme of his commitment to the rule of law. The Senator from Utah. Court. We could not ask for a better Over the last few days, I have had the NOMINATION OF NEIL GORSUCH legal education or a stronger record of privilege of reading many of his opin- Mr. LEE. Mr. President, I rise to accomplishment from a young lawyer. ions. I spent hours upon hours poring speak about the nomination of Judge After his clerkship, Judge Gorsuch through his opinions. Knowing that he Neil M. Gorsuch to be an Associate entered into private practice, where he might well be named to the Supreme Justice on the U.S. Supreme Court. was a trial attorney for 10 years. In Court, knowing he was one of the po- Confirmation of anyone appointed to 2005, he joined the U.S. Department of tential nominees made me want to the Federal judiciary is a big deal. Con- Justice as Principal Deputy Attorney learn more about him than I already firmation of someone appointed to General, and he became a judge on the knew. I have to say, every single opin- serve on the Supreme Court of the Tenth Circuit in 2006, where he has ion I read, without exception, was im- United States is an exceptionally served for the last decade. peccable to an unusual degree. They weighty matter. I therefore approach Judge Gorsuch has what I would con- are methodical. They are careful. They this with the seriousness it deserves. I sider—and I think what most would ac- are studious. They reflect a degree of approach this as one who has argued in knowledge—is the correct approach to academic and professional craftsman- front of Judge Gorsuch. I found as a the law. He is a judge’s judge, both lit- ship rarely seen. He treats the parties lawyer that he is an exceptional judge, erally and figuratively—literally, be- appearing before him with dignity and an unusual judge—a judge who comes cause he sits on the U.S. Court of Ap- respect. He takes their arguments seri- to argument with an unusual degree of peals for the Tenth Circuit. He literally ously, and he respectfully explains preparation, having read all the briefs judges the rulings of other judges. It is their arguments as he addresses them. and apparently all of the cases and all his job to decide whether other judges I know from my time in the practice of the statutes cited in the briefs. have done the right thing. And he is a of law that no one likes to lose a case, There are some judges who at oral ar- judge’s judge figuratively in the sense but I doubt any litigant has read a gument are constantly asking ques- that he has the characteristics that all Judge Gorsuch opinion and felt like he tions, but they are not necessarily judges aspire to—or at least should. He failed to understand their position or questions that need to be asked. Per- decides cases based on what the law that he failed to take their views seri- haps some judges want to hear the says and not on the basis of what a par- ously with the credibility and dignity sound of their own voices. That is, of ticular judge might wish the law said. they deserve. This is a crucial yet, course, something that would never I particularly enjoyed last night lis- sadly, often underrated factor when re- happen here, in the U.S. Senate, but it tening to Judge Gorsuch speak at the viewing the work of any judge. happens sometimes with other people. White House, his reference to what he Most of all, his opinions are just bril- There are other judges who might be considers an important, telltale sign of liant. They are digestible to lawyers

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.012 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S563 and nonlawyers alike. This is crucial administrative state before Chevron. Katyal, who served as Acting Solicitor because the judiciary belongs to every- We could do it again. Put simply, it General under President Obama, has a one in this country, not just to attor- seems to me that in a world without New York Times op-ed in which he neys. Judge Gorsuch’s opinions are Chevron, very little would change—ex- urges liberals to support Judge memorably written without being cept perhaps the most important Gorsuch. Katyal writes: snarky, and he scatters his opinions things.’’ I, for one, wish it were a Democrat choos- with literary and philosophical ref- Second, it is important to note here ing the next justice. But since that is not to erences to highlight the legal points he that the Chevron doctrine is not a par- be, one basic criterion should be paramount: is making while also just making the ticularly ideological one. Is the nominee someone who will stand up for the rule of law and say no to a president opinion much more interesting. As Indeed, in the 1980s, Chevron pri- marily assisted the Reagan administra- or Congress that strays beyond the Constitu- someone who has read more than my tion and laws? I have no doubt that if con- fair share of judicial opinions, I can tion’s deregulation efforts, and junking the doctrine today would constrain the firmed, Judge Gorsuch would help restore tell you that Judge Gorsuch’s opinions confidence in the rule of law. His years on are among the very best I have ever Trump administration’s use of regula- the bench reveal a commitment to judicial read. I don’t just mean a few of them, tions. So eliminating the doctrine independence—a record that should give the I mean every single one of them that I would affect equally Republican and American people confidence that he will not Democratic policy goals. In any event, compromise principle to favor the president have read, which is a lot of them. They I am sure, based on his background and who appointed him. are very, very good. In fact, they are on his record, Judge Gorsuch’s critique Judge Gorsuch is exactly the type of Supreme Court caliber. Judge Gorsuch has written hundreds of the doctrine is not about politics; it judge who should be confirmed, who of opinions, but there are two recently is about first principles. At the end of should be allowed to serve on the Su- decided cases I wish to highlight. the day, Chevron is neither Republican preme Court of the United States. This He is a critic of an obscure but very nor Democratic; it is neither liberal vacancy was a central issue in the 2016 significant legal rule known as the nor conservative. It is simply wrong. election. The people have now spoken, Chevron doctrine. When the Supreme In another notable case, Judge and I plan to honor the results of this Gorsuch was the lone dissenter in a Court decided the Chevron case back in election by working as hard as I can to case in which an 11-year-old student 1984, the Justices may not have see Judge Neil Gorsuch confirmed to was arrested for generating fake burps thought they were deciding a big case. the Supreme Court of the United in class. As heinous a crime as some They might not have realized the ex- States. might perceive this to be, it is not ordi- The PRESIDING OFFICER (Mr. tent to which the decision in Chevron narily the kind of thing that results in PERDUE). The Senator from Wash- v. NRDC—the extent to which that calling the police. Judge Gorsuch ington. case would have such a profound im- would have concluded that clearly es- Ms. CANTWELL. Mr. President, I pact on the Federal judiciary and on tablished law prevented the arrest and come to the floor tonight to start de- the state of the law in the United that the child’s parents should prevail bate on what is called the Congres- States of America, but Chevron is in in a lawsuit against the school officials sional Review Act of the stream pro- fact one of the most important Su- who decided to call the police in re- tection rule. For people who are prob- preme Court cases that most of us have sponse to this childish act in class. ably saying ‘‘I don’t understand any of never heard of. It says that the courts This is not uncommon for Judge that; could you explain it to me?’’ what must defer to an agency interpretation Gorsuch, who has voted not to provide we are going to do tonight is to start of a statute if the statute is ambig- qualified immunity in several cases this debate, which is really about clean uous. and has voted in many cases for the un- water, and it is about making sure that The problem with Chevron, as Judge derdog, for someone who might other- polluters clean up their messes, par- Gorsuch has pointed out, is that it wise not have had a chance in court ticularly when it comes to streams and tends to divest the courts of their obli- but for the willingness of one very the beauty we have in our country that gation to ‘‘say what the law is,’’ as brave and astute and diligent judge to is used by many people. And it is about Chief Justice John Marshall wrote in study the law and the facts of that case making sure that rules for polluters Marbury v. Madison. It has led to a aggressively so as to make sure that paying are enforced in law and, clearly, system in which executive agencies not justice was accorded to the parties. agencies which have developed those only make and enforce the law but also There are other important areas of rules in conjunction with laws that are interpret the law, arrogating to them- the law where Judge Gorsuch has made already on the books continue to have selves, in effect, some aspects of the an important contribution during his those laws in effect. powers allocated to all three branches time on the U.S. Court of Appeals for We are in a new administration, and of the Federal Government. This is a the Tenth Circuit. I will be talking already the debate is starting where violation of the doctrine of separation about some of those at length in the people would like this end result to be of powers, one of the most important days and weeks to come. He has been a clean water, 0; Donald Trump, the new protections in the Constitution, one of staunch advocate for the First Amend- President, 1. That is because this ad- the two fundamental structural protec- ment. He has read criminal statutes to ministration is starting a war on clean tions in the Constitution, as important constrain the government’s power, water, and tonight that debate is com- as any other provision in our founding where appropriate, and has voted in ing to the Senate floor. It is coming to document. several cases to withhold qualified im- the Senate floor because the last ad- Worse, doctrines that have developed munity. All of these are important, and ministration worked for more than 5 in response to Chevron allow agencies I look forward to discussing them with years on producing something to make to stake out a legal position, lose in my colleagues. sure that we had safe drinking water court, and stake out a new legal posi- Before I close, I want to talk a bit and safe stream water for fishing and tion that reaches the same outcome. about the confirmation process. In 2006, to make sure that industries that are As Judge Gorsuch points out, that cre- Judge Gorsuch’s nomination to the known for polluting ensure that their ates fair notice and equal protection Tenth Circuit was so uncontroversial level of pollution is cleaned up. problems. that it lasted 26 minutes—just 26 min- After more than 5 years in the imple- Now, there are two additional points utes, less time than a ‘‘Brady Bunch’’ mentation of that rule, after thousands to make about Chevron. First, in the episode. He was confirmed on a voice and thousands of hours of discussion coming days, we will undoubtedly hear vote. Among other notable Members of and debate, as it has become a rule, some of my colleagues complain that the Senate the day that Judge Gorsuch now there is one thing that can stop it. getting rid of Chevron will somehow was confirmed were Minority Leader There is one thing that can stop it; make the air less clean, our food less SCHUMER, ranking member of the Judi- that is, if Congress uses its authority safe, our financial system more unsta- ciary Committee FEINSTEIN, Senator under the Congressional Review Act to ble, and cause a whole lot of other DURBIN, and Senator LEAHY. repeal it within the 60 days of legisla- problems, but as Judge Gorsuch has Already, prominent liberal lawyers tive action that it has become effec- written, ‘‘We managed to live with the are praising his nomination. Neal tive.

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.037 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S564 CONGRESSIONAL RECORD — SENATE February 1, 2017 What is happening is that the Trump coming cheaper in the United States of ample of why people love the outdoors administration and our colleagues on America has pushed down the demand because they want to fish. They want the other side of the aisle are trying to for purchasing coal, a more expensive the experience of going and being out- say that we want to repeal more than product that had nothing do with this doors and having the wonder of that. 5 years of hard work of clearly out- rule. I personally have been in the streams lining a stream protection rule to pro- I have been in business and, yes, you of West Virginia and have had a fabu- tect streams in the United States of plan for the future. And if you think lous time. I want other people to un- America from pollution caused by cer- your business is going to have to in- derstand that these streams are worth tain types of mining activity. crease its insurance or change its busi- protecting all over the United States of Let me show you a picture of what I ness practices, yes, you consider all of America. But the movie is not called am talking about. This stream could be that, but this chart clearly shows that ‘‘A River Runs Through It and a Mine anywhere in America. It could be any- our electricity grid has gone from hav- Sits on Top of It.’’ We don’t have peo- where in the United States of America. ing 50 percent of it supplied by coal ple moving to Montana and buying It is probably a good picture. Why? Be- now down—as this line is crossing ranches, making investments, hiring cause it shows the great outdoors. here—to about 30 percent of our elec- people, and diversifying because they Probably for me, it is somewhere I tricity grid from coal. want to see the mines in Montana. would like to hike. It shows a stream, This rule was not in place. Saying They want to see the beauty of the out- but it shows the degradation of that that you want to have safe drinking doors. They want it to be pure and pris- stream with the pollution in the water has nothing to do with what has tine, and they want people to clean up stream. happened in the marketplace as nat- their pollution. If we are talking about Whether you are Trout Unlimited, ural gas has become a more viable op- an economy and you want to talk which supported this rule, or you are tion than coal. This chart shows it. about jobs, do not ruin the $80 billion the Wilderness Society, or all the hunt- We have another chart that also in tax revenue that comes from an out- ing and fishing groups that supported shows this 23-percent decline in coal. door industry because you want to this rule, or you are just one of the Why? Again, because of natural gas allow an industry to continue to pol- many citizens in a State where mining consumption going up. For those on lute. exists and you are happy that it exists the other side who would like to say I am going to continue for the next there but you also want them to be this is somehow about a war on coal, I year to make this point to my col- clean up their messes—these are the will tell you, we should not denigrate leagues in the West who are going to people who do not want to see this anybody for the job that they have try to overturn every rule they don’t level of degradation in the streams. done to support their families. In fact, like because they think somehow that Why don’t they want to see it? Be- I believe we should make sure they they want to claim it impacts jobs. We cause first and foremost they obviously have a pension, make sure they have are going to have this discussion, and don’t want to see it, but if you are a health care. we are going to show that the outdoor fisherman and you are out fishing, you It is a tragedy that we bailed out economy is just as important and is ac- certainly don’t want to see the impacts Wall Street from the U.S. Treasury, tually producing more jobs and pro- that selenium is causing on fish. and as pension programs all across ducing more revenue. The only point of There are a couple of incidents here America imploded, nobody wanted to conflict, I think, is when one impacts where the impacts of selenium on fish bail out the pension program for min- the other to the degree of creating pol- are shown in this diagram. Deforma- ers so they could retire with the kinds lution and then taking a beautiful tion both here in the tail and here in of health benefits that other people do. stream away from us—because no one the mouth of fish are impacts from se- If we want to help individuals who are wants to fish in a stream with that lenium in streams. We do not want to suffering in coal country, I suggest level of pollution. see selenium having that kind of im- that we take care of their pensions. Why are we here? We are here be- pact on our fish. In the meantime, what we should do cause certain types of mining—particu- What do we want to do? We want to is make sure we are preparing for the larly, mountaintop removal mining— make sure that we are measuring sele- health and safety of people who depend make it way more challenging to pro- nium in the streams and that we are on these streams for multiple uses; tect those streams. As I mentioned, for cleaning it up. That is what we want to that is to say, there are those in an the last several years, people have been do. The notion that somehow people outdoor economy who count just as discussing what to do to make sure have described a rule for stream pro- much on those streams and count on that these companies are making sure tection that is about having safe drink- them not being polluted because of cer- the environmental impacts are mini- ing water and having safe fishing water tain mining activities. mized. The production of these mines is about a ‘‘war on coal’’ is just wrong- This chart can be shown in just about has actually fallen a great degree in headed. This is about making sure that every State of the United States. The the last several years. we don’t overturn something that took outdoor economy in our States—the We have been working, as I said, dur- over 5 years to get in place. And I people who like to go fishing, the peo- ing this time period to make sure that should say, it is the first time in 33 ple who like to go hunting, the people we implement the right kind of regula- years that we have updated this rule. who like to navigate our rivers and tions so that people will clean up this For 33 years, the Department of the want to do so when they are not pol- mess. As I mentioned, it has been basi- Interior has said that the hydraulic im- luted—is 6.1 million direct jobs in the cally since the early eighties until this pact of mining on a stream should be United States. That basically dwarfs level of attention was given to a new mitigated. What has changed in the the coal industry. rule. Why do we want to change a rule last 33 years is that we now have better This isn’t about saying one job is bet- that was from 1983? Because it says technology and we have more informa- ter than the other, but the notion that that you must minimize the disturb- tion about selenium. We know that it somehow we are hurting our economy ances to the prevailing hydraulic bal- impacts fish, and we want mining com- because we want to have clean streams ance at the mine site and offer areas panies to measure their impacts on and we want people to be able to safely and quality of water and ground water headwaters and make sure they are catch fish without selenium in them is systems, both during and after the doing something to minimize this sele- basically ignoring the facts. By not mining operations. nium impact. regulating the coal industry to make President Trump did not invent that. I know people think that maybe in sure they are cleaning up their mess, That has been in law all along. The no- this process for 5 years—somehow that you are hurting the 6.1 million jobs tion that somehow that has changed is created a decrease in the amount of that depend on having clean streams. not correct. It has been in the opening coal in the United States of America, I know people here probably under- days of the Trump administration that even though the rule was just getting stand that Montana is full of streams. people are trying to say that steward- started. Let’s look at the real issue. That movie, ‘‘A River Runs Through ship doesn’t matter, that somehow, The real issue is that natural gas be- It,’’ is iconic in the Northwest as an ex- yes, we want to have immaculate water

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.047 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S565 and immaculate air—as President in their energy mix and resources? Do that we have to actually turning this Trump said—but it is OK if regulations you think we need to have a plan for Congress around and getting things cause a problem for business. What that? Yes. Do I think we need to have done. I am going to do everything I can business? The outdoor industry or the a plan for how we are going to diver- to reach across the aisle and produce coal industry? Because right now, you sify? Yes, I do. But this is not an eco- solutions to some of the most vexing are talking about making a change to nomic debate about how we are going problems we have. what is protection of those streams and to save jobs. In reality, as I showed in There are solutions within our reach. repealing a law that is about safe the chart before, the natural gas prices If you think about immigration re- drinking water. We don’t want to are driving coal to a much lower level form, there is a 40-year-old failure on eliminate that. of our electricity grid than ever before the part of the Republicans and Demo- We want to make sure that we use in our history, and that is not going to crats to address the immigration prob- the best technology available to mini- change. lem. Everybody wants their position on mize the disturbances, address the im- Let’s make sure we clean up our one end of the spectrum or the other pacts on fish and wildlife, and any streams. Let’s make sure we use the versus what the American people want other related environmental issues. We best technology available to make sure or a solution to the problem—a solu- know a lot more about mining and fish- we are detecting that pollution and re- tion that makes sure the American ing. As I showed you one picture, I will quire people to have a minimal amount worker is respected and taken care of, show you another impact of selenium. of responsibility in the cost of what it that our borders are secure, and that Basically, it is showing the deforma- takes to make sure that selenium is we end this 40-year-old failure on the tion. What we now know much more not in drinking water or impacting our part of Washington to solve the prob- about is how selenium does impact fish. lem. these areas. I yield the floor. They want solutions on criminal jus- What is at stake if you kill the The PRESIDING OFFICER. The Sen- tice reform. We have many people in stream protection rule? Our sports- ator from North Carolina. prison who, after they get out, are men—groups like the National Wildlife SPIRIT OF BIPARTISANSHIP more likely to go back into prison be- Federation and Trout Unlimited—say Mr. TILLIS. Mr. President, I want to cause we really haven’t thought about this: thank my colleague from Utah and his commonsense ways to help them enter The resolution is an ill-conceived tool for eloquent comments about the Supreme back into society and have productive jettisoning a very useful rule that protects Court nominee. I would like to asso- lives, beyond just going back into a mountain head water streams and commu- criminal enterprise. We can solve that nities throughout the coal country in Appa- ciate myself with everything he said. lachia. We urge you to oppose striking this He has the kind of experience and in- problem, but we can only solve it if we rule, and to instead work with the Depart- sight that I hope so many Members on have Republicans and Democrats come ment of Interior to protect these streams, both sides of the aisle will listen to. together—and silence the voices who and make necessary improvements to im- I am here to talk about the spirit of want their perfect version based on prove the CRA, instead of using it as a bipartisanship and getting things done. their ideology—on a solution that cleaver. I submitted an editorial to my local makes sense to the average American. They go on to say: newspaper down in Charlotte a couple The agenda that we want to complete 150,000 passionate trout anglers work to of weeks ago. The whole premise of my can only be completed if we have peo- conserve, protect and restore our Nation’s opinion was that in November the vot- ple who have the courage to come to trout and salmon fisheries and their water- ers did not vote for a Republican man- this floor and do what I consider to be sheds. And our members give back to the re- political courage. It is not courageous sources they love by investing dollars and date; they voted for a results mandate. hundreds of thousands of volunteer hours to They are tired of the gridlock they see for me as a Republican to stand up to conserve streams. up here in Washington. They are tired a Democrat and oppose their view. So you can see that they feel passion- of people promising things they know That is my job. I am a conservative. I ately about this. They feel passion- they can’t deliver. They are wanting am a proud conservative. Courage, in ately because this is part of our out- for a leader in President Trump and in terms of someone who would walk onto door economy and what people have the congressional leadership people this floor, is someone who can look at passion about. who want to produce results. They a person—a fellow Republican and con- In my State, people would say: Well, want people who want to work across servative—and say: We are not going to you have these other jobs. No, actu- the aisle and come up with bipartisan go where you want to go because we ally, in our State, there are 250 aban- solutions to a lot of the problems that are here to get something done—not doned mines in Washington. Yes, if we confront this Nation. just to make speeches, not to talk don’t clean them up, and if we don’t You would have thought that I about an unachievable goal, but to make sure there is reclamation, there changed my registration and became a make progress on things that are is still pollution. member of the minority party with the sound, conservative policies. But We have had a mine history in our criticism that I got from people on my maybe we have to make some com- State, but we want responsible mining side of the aisle. I was called a RINO. promises. Maybe we have to go a little and we want responsible cleanup. With For those of you who don’t know what bit further than we want because we today’s rule that is in place and that that is, that is a Republican in name want to get something done. We want you are trying to repeal—to repeal safe only. to pass things that are good. If we wait drinking water, basically—that would When I was the speaker of the house to only pass things that are perfect, take those tools away and allow pollu- in North Carolina, the last thing I was then we will be guilty of doing exactly tion to continue. What is the cost of ever called was a RINO. We worked on what many other people have done in that? It is very small. You would think a conservative agenda that made sense. this body—to promise a lot and deliver that the way some people go on about We gained the support of a number of very little. this, that somehow this is astronom- Democrats along the way. North Caro- I took a lot of hits for my op-ed and ical amounts of money. Basically, it is lina is a lot better place because of the my public comments about bipartisan- about 0.1 percent of the industry’s an- courage of those folks who were willing ship, about compromise, about respect, nual revenue. When you are in busi- to work across the aisle to help our about reaching across the aisle. I am ness, you think about your costs. You great State, to go from one of the lag- willing to take those hits because I think about your cost of doing busi- gards in terms of economic perform- would rather go down as someone who ness. Yes, the cost of doing business ance to one of the leading States in the is willing to go get something done has to include making sure that you Nation for economic performance over than someone who is willing to only clean up pollution. To me, this is an in- the course of about 4 years. settle for the perfect, knowing that dustry that makes way more than this I don’t really care about the criti- perfect never happens here. The Found- in its annual revenue. cism from the talking heads—from the ing Fathers didn’t expect perfect. The Am I empathetic to my colleagues far left or the far right—because I con- Founding Fathers introduced defects, if who represent States that are changing sider them one of the great threats you read the Federalist Papers, that

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.048 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S566 CONGRESSIONAL RECORD — SENATE February 1, 2017 prevented any one ambition from pre- called principled position when that done. We know you are hurting. We vailing. To have ambition set against particular position benefits your agen- know the government has failed you, ambition is foundational to our demo- da, not necessarily something that is Democrats and Republicans. We have cratic institution here. We are not bipartisan, something that actually failed to actually take the tough votes. going after perfect. We are going to go serves a political agenda. We have failed to deliver. It is time for after good. The Supreme Court, I think that is us to deliver. I was really excited. I got some great what we are going to see here. I have I believe we have a President who ex- comments from my friends across the presided. I have been a freshman for 2 pects us to reach across the aisle and aisle. I thought this is an area where years. We get to preside a lot. I get to solve problems. I am going to be a part we can work together. There are a lot hear a lot of these floor speeches. I of solving that problem. We have a of areas where we can’t work together heard endless speeches talking about great opportunity here with the Su- because our world views are so dif- how we needed to do our job, how we preme Court nomination. It is time to ferent. Let’s not focus on those. Let’s actually—here is another quote from get past the election results, get over focus on things on which we can work the now minority leader: it, and get to work. It is time to recog- together. I thought we had a minority The Supreme Court handles the people’s nize that the real people, the people leader who was actually committed to business. As President Reagan put it, every who sent a mandate here—but the that. At least that is what I thought. day that goes by without a ninth justice is mandate was not Republican, it wasn’t But I have to say I am beginning to another day the American people’s business far right, it wasn’t far left—all they wonder if we haven’t gotten a different is not getting done. said was produce results. sort of view of the leadership. Com- Now what we are hearing is that I am going to produce results. I am ments today do not reflect the com- same group of people say they are going to expect my Members to ments of not so long ago. In 2012, the going to use every lever they can to produce results. I am going to go into minority leader said: stop us from seating a ninth Supreme my conference, when it looks like we Everything doesn’t have to be a fight. Leg- Court Justice. What has changed, ex- are going down the path of taking an islation is an art of working together, build- cept for the fact that you are not intransigent position that does not ing consensus, compromise. happy with the outcome of the elec- produce a result, and I am going to call I could have written that. I abso- tion? So I think we need to recognize them out. I am also going to hold my lutely agree with that principle. That that the American people are sick of colleagues on the other side of the aisle is why I got criticized by folks on my Democrats and Republicans promising to the same standard. side of the aisle—or the talking heads, things, but if they don’t get their way I am going to hope to find folks who anyway, the conservative talking in the election outcome, if they are not want to solve the immigration problem heads—because I wasn’t willing to take able to set the agenda, then they are in a respectful, methodical way. I want a purist position. no longer interested in bipartisanship. to work with people on the other side Now, you fast forward. And the mi- I have a lot of confidence in this of the aisle who want to solve the nority leader made this comment when body. I have a lot of confidence in a criminal justice problem, the sen- he was not the minority leader. But number of people on the other side of tencing reform, the judicial reform today this is what we are hearing just the aisle. I think there is a pent-up de- bills that are moving through that within the last month: ‘‘The only way mand among Members here who want have, I believe, far more than 60 votes we’re going to work with him’’—that to see results—not perfect, but good. I to support it. would be President Trump—‘‘is if he am going to do everything I can to We have to work on these. We will moves completely in our direction and work with those. I will do an equal save the other ones where we simply abandons his Republican colleagues.’’ amount of time focused on those who I can’t find common ground, and those Does that sound like bipartisanship? don’t think are acting in the best in- will be the arguments that we can have Does that sound like somebody who terests of their own constituents. They that can influence future elections, but wants to reach across the aisle and are not listening to the real people in for the next 2 years, let’s get work work on immigration reform, criminal America, the real people who did not done. Let’s actually be able to go back justice reform, sentencing reform— endorse a Republican mandate in No- to our State and proudly proclaim that things where I believe there is a major- vember. we had the courage to stand up to peo- ity of people in this body, as many as They said: It is time to stop. It is ple on our side of the aisle when get- 60 or more votes—who would be willing time to get things done. It is time to ting to perfect was at the expense of to move legislation? I don’t think so. treat people with respect on both sides doing something good. We have to make sure that people of the aisle. It is time to accept good, If we do that, we will have one of the like this are accountable to the Amer- and it is time to stop pretending that most productive legislative sessions. ican people, the so-called real people. I this body can produce perfect. Now, I The 115th Congress could go down in will get to that in a little bit. That is have to say I am glad to see my col- history as one of the most productive not bipartisanship. That is not leader- leagues on the other side of the aisle Congresses in the last 100 years. I want ship. That is divisiveness. That is grid- are starting to look at the so-called to be a part of that story. I want to go lock. That is the stuff that inspired me real people. back to North Carolina and be proud of to run in 2014. That is the thing I am Last week, the Republicans were in what I did, proud of the compromises, against, whether it is a Democrat say- Philadelphia. We were at a retreat. At proud of the bipartisan relationships ing it or a Republican saying it. the same time, there was a group of my that we did to solve these problems. I think we can also expect more of colleagues on the other side of the aisle I am going to go to other States who what really stems—or what you can who were meeting up in West Virginia. may be up for reelection in 2018 and ei- infer from the latest position of the mi- There was a Politico article that I ther thank the Members on the other nority leader, more gridlock. We will thought was particularly interesting. side of the aisle who worked with us for go to the next chart. The sort of a dou- This was a part of the published agenda those solutions or campaign against ble standard here, duplicity, really that was reported by Politico, an agen- them because they failed to actually drives me crazy. Situational ethics I da that says they are getting people to- look at their constituents and do the will call it or situational principles. On gether. They want to talk about speak- right thing. the one hand, you stand firm on some- ing to those who feel invisible in rural There are a lot of opportunities here. thing. You fast forward because you America, listening to those who feel I, for one, am going to spend every didn’t like the outcome of the election, unheard, and a discussion with Trump waking hour to make sure I do my and suddenly you no longer take that voters. part, and I can be proud of the work I same position. There was another entry in the agen- did to produce results, to answer that People can rationalize it any way da, I believe, that says talking to real mandate by the electorate that came they want to, but I think the real peo- people. I am here to talk to the real in November to produce results. ple, the real voters, the folks out there, people tonight. You have Members in I have every confidence that there see this for what it is. It is taking a so- the Senate who want to get things are enough Members here to join us.

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.049 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S567 With that, we will do great things. We taintop mining had leaked dirty water again—literally. That is how CRA will fulfill the promises we made. and waste into the streams. Research- works. So every time we have a CRA There is nothing more rewarding than ers estimate that this has destroyed vote, it is not just whether you like the being able to look your constituents in 2,000 miles of stream in the United particular rule and want to overturn it, the eye and say: We did it. We listened States of America. it is whether you never want to touch to you. We compromised. We treated That destruction has a domino effect. this subject matter again. That is a people with respect. We delivered. It threatens the health of people who rather serious threshold that we have I call on all my Members to think depend on those streams for their to come through. again about what they can do to be a drinking water, it poisons fish, birds, We are going to do a lot of CRAs. I part of providing the solutions. I look plants, and it reduces the quality of know everybody on the Republican side forward to working with them in this life for people across the country. That is raring to go to sort of undo all the Congress. is why the stream protection rule was rules that were done under the Obama The PRESIDING OFFICER. The Sen- established. It is there so parents don’t administration. Fair enough. We un- ator from Hawaii. have to worry when their kids go play derstand. You have the Presidency. Mr. SCHATZ. Mr. President, I rise to by the stream or go fishing behind You have both Chambers. It is cer- speak on the stream protection rule. their house. It is there so ranchers tainly your prerogative to take up all One of the first things we learn as kids don’t have to worry about a nearby of these CRAs, but be careful because is that if you make a mess, you are re- mine that could harm their land, and you are not going to be able to touch sponsible to clean it up. It is good man- fishermen don’t have to worry if the these issues again. You are forfeiting ners, but it is also a matter of ethics. salmon catch is poisoned or if there are your prerogative to touch these issues It is about doing the right thing. This fewer fish because salmon are dying again. is the spirit, this is the idea behind the from pollution. So for the sake of public health and stream protection rule. It simply tells This rule is so communities don’t in order to leave a better world for our coal companies doing mountaintop have to worry that their daily lives kids, we need to keep this rule in place. mining that they need to clean up their will be changed because a company is I yield the floor. The PRESIDING OFFICER. The Sen- mess if they make a mess. It seems not being responsible and cleaning up pretty common sense to me. ator from West Virginia. after itself. This may surprise some Mrs. CAPITO. Mr. President, I am Opponents of this rule argue that people, but the rule will actually cre- here to speak in support of the Con- this is somehow an unfair burden on ate jobs. People like to talk about how gressional Review Act on the stream coal companies because coal is doing burdensome regulations are, especially protection rule. poorly in the emergency markets. Op- in the environmental space, but the I want to say to those who partici- ponents seem to want to say that ask- truth is, it will not lead to fewer jobs. pated in the last election—where part ing companies to be responsible to The Department of Interior predicted of the discussion was the Federal Gov- clean up whatever mess may have been it will actually create hundreds of jobs ernment knows all and needs to be in made makes it harder for them to com- a year, not take them away. Most of your life and in your business life every pete. all, it is going to have a real positive day, and it knows the best one-size- The truth is, coal is having a very impact on the world we live in. Over fits-all way—that help is on the way difficult time in energy markets, but it the next two decades, researchers esti- today. A lot of the talk of the election is not because they are being required mated that the stream protection rule is now going into action in the form of to clean up after themselves. It is be- would protect or restore 6,000 miles of the Congressional Review Act. cause other energy resources are be- streams. That is more than the dis- In particular, the stream protection coming cheaper. Solar is cheaper now tance between eastern Maine and my rule was a last-minute power grab that than ever. The natural gas revolution home State of Hawaii. was aimed at giving more power to the is now in competition with coal. It is So if you care about protecting local Federal Government. very difficult to get a new coal-fired water supply, if you care about having Now, at the onset, I would like to say powerplant on line. It may be even a place for your kids to go hiking and this: I don’t have any charts. I don’t more difficult to recapitalize an old fishing, if you care about holding ev- have any pictures, but then I thought, one. So coal is struggling, but the rea- eryone to the same standard, then you know what. Yes, I do. I have a lot son is not the stream protection rule. don’t let this bureaucratic mumbo of pictures on my device here, which I There is another aspect of this, which jumbo get in the way. This rule was will not open up because it is against is, since when is there no cost to doing created to fix a specific problem, and the rules and you will not be able to business? Since when are any compa- repealing it could effectively exempt see anyway. But in these pictures, you nies allowed to come in, pollute, and mountaintop coal mining from modern will see a picture of me fishing in a then walk away without doing any- regulation indefinitely. beautiful stream in West Virginia, thing about it? If you hired a con- This is a very important point that where trout is unlimited. You will see tractor to work on your house and they has to be made about Congressional me riding an ATV on a Hatfield-McCoy left a pile of materials in your kitchen, Review Act votes. We are going to have Trail, which is the old mining trails you wouldn’t say: Well, that is just the a slew of them over the next probably and the old lumber trails in southern cost of doing business. You would say: 2 or 3 months. Here is the thing about mine country in West Virginia, where Clean up the mess. That is part of the a CRA vote because it gets rather tech- thousands of people come every year. job. nical. It is not just overturning a regu- You will see me visiting a school or a There is no question that coal mining lation. The way the law works, is that business park that is built on the top is a tough business, but it also can not only is the regulation overturned of what is a reclaimed mountaintop re- sometimes be a messy business. That is but an administration can never touch moval. a simple fact. If we ignore the pollution this issue again. We can’t do anything If you have ever been to West Vir- that is caused, if we ignore the cost the that is ‘‘substantially similar.’’ ginia, they don’t call us the Mountain public bears when toxic substances are So if you want to do something about State for nothing. It is mountain after dumped without proper treatment or the stream protection rule, make a mountain after mountain, difficult ter- when coal-fired powerplants spew car- law; override the rule that was just rain, and in some ways it is very dif- bon pollution into the atmosphere, for made and craft legislation. You have a ficult to have any kind of economic de- that matter, we are ignoring the cost working majority in both Chambers, velopment. of doing business. work with the bipartisan group. You So when the laws are enforced—the To be fair, we have to make sure have four or five Democrats who voted laws that we have now, in terms of every industry, including the coal in- for the CRA. Let’s legislate. water protection and reclamation— dustry, plays by the same rules as ev- What is going to happen when the after the mining is finished, we have eryone else. Up until December of last CRA vote succeeds is we are never been able to have some economic devel- year, some coal companies just were going to be able to touch the question opment projects that have been to the not playing by the same rules. Moun- of pollution from mountaintop removal benefit of many communities there.

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.050 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S568 CONGRESSIONAL RECORD — SENATE February 1, 2017 So I have no charts. I live there. This testify before our EPW Committee. the overregulation we have seen and is my home. I can drive 4 miles and be ‘‘OSM has not provided for meaningful the effects in the health and pension at a coal mine very easily, probably participation with the cooperating or funds. less than that. commenting agency States.’’ The ranking member on the Energy I heard the argument about outdoor Basically, these State regulators who Committee—and we just had a good recreation, that people want to have were charged with the primacy of put- conversation. I will paraphrase what outdoor recreation. I just described ting forward the water standards in she said: Sometimes I think we are sort three outdoor recreation activities in their States and overseeing mining in of talking by one another. And I think my State, and the ranking member was their States were basically invited into maybe she is right in certain respects, talking about how she fished in West the party and then put in another room and she mentioned the effect of natural Virginia and enjoyed it and had good and not listened to. Then, eight of gas on the coal industry. Yes, that has luck, I hope. Anyway, we have beau- them walked away. That has to tell had an effect on the coal industry, but tiful trout streams, but the outdoor re- you, this wasn’t an even playing field this rule that was proposed, rushed in creator doesn’t want to see a coal and was probably a very insincere ef- at the last minute by the Department mine. I would bet the outdoor recreator fort to include everybody’s opinions. of Interior, would have an even more doesn’t want to see a nuclear plant, In Wyoming, Todd Parfitt said: ‘‘The devastating effect than the combina- probably doesn’t want to see a wind- failure to engage cooperating agencies tion of regulations to this point, the mill farm, probably doesn’t want to see throughout this process is reflected in combination of the natural gas and a natural gas plant because when you the poor quality of the proposed rule.’’ market conditions. are getting away to recreate, I don’t We have heard a lot about the empa- So you ask: Oh, how rushed in was it know that anybody would want that, thetic voices of the job losses: 60,000 if it was being worked on for 5 years? but I can tell you what they do want. miners since 2011, many of them in my Well, they didn’t publish the rule They want the steel that is in their State. Many of these men and women until December 20, 2016, after the elec- truck to get them there. They want the who were making $80, $90,000 a year no tion—the election in which overregula- electricity that they have to have longer have a job. They are living in tion was one of the key factors that when they go home at night to cook communities that are decimated. was discussed during the election and their food or clean their clothes or all Our State is $500 million in the hole. the effect on economies and businesses the different things that electricity We are trying to transition. We are and the ability for American workers does. trying to do the right thing, but rules to continue to work hard and keep There are tradeoffs to everything. like this that we are about to overturn their jobs, but Americans rejected the Certainly coal has provided the base- through the CRA process are such an continuation of these policies. load of the industrial revolution for overreach of authority. So they published the rule on Decem- this country, and we still, I think, have The EPA has already gotten slapped ber 20, 2016, and then it was made effec- a great role to play. down by the Supreme Court for the tive January 19, 2017. There are estimates with this rule. match rule. They put a stay on the What is January 19, 2017? It was the The other thing is, it was said that Clean Power Plan. There are definite day before President Obama left office. there were no rules in place until we questions as to the authorities that the There is no irony there at all, I don’t had this rule. That is absolutely false— past administration has put forward. think. absolutely false. This rule was rushed United Mine Workers of America I am here to say that Senator in. It was worked on for 5 years, yes. It President Cecil Roberts says: ‘‘We are MCCONNELL and I have put this for- had 10 State regulators. Let me go especially concerned with the long- ward. It is one of the first ones that has back. term negative impact this rule is very come forward in terms of the Congres- The regulation, under the Clean likely to have on future longwall coal sional Review Act. Help is on the way, Water Act, is done by the States mining in the United States and associ- and the President will sign this. He has through the EPA, in conjunction with ated employment impacts on our min- said in his Statement of Administra- State and Federal, with the EPA over- ers.’’ tion Policy: ‘‘The administration is seeing what the States are doing to We have heard about mountaintop re- committed to reviving America’s coal make sure they are meeting the min- moval. There is a strong belief that communities, which have been hurting imum standards. this will impact our underground min- for too long.’’ So there are protections in place, and ing as well. That is pretty much—I Again, I can tell you about it. I could we welcome those protections. Where wish I knew the exact percentage, but probably show you pictures of it. I live we live, where everybody lives, we I would say well over 70 or 75 percent of there. These are my friends. These are want that. Can we do better? Abso- the mining and maybe more than that. folks I see every day. I see them in the lutely, we can do better. We should al- I hosted Senate committee field grocery store. And we have seen the ef- ways strive to do better. hearings centered on energy jobs in fects in our region to the point of six of This rule has been in the making for Beckley, Logan, and Morgantown. Bo our counties are in deep, deep depres- 5 years. Ten States came to this table, Copley, a coal miner who lost his job, sions. 10 States which were most heavily im- talked about the impact regulatory So I want to congratulate the House pacted, to try to help the Department policies were having on him, his young of Representatives for passing this ear- of Interior develop this rule. family, his community, and his former lier today. I want to thank West Vir- Our DEP Secretary Randy Huffman colleagues. ginia Representatives DAVID MCKIN- says that this proposed version of a We heard about the fact that the LEY, EVAN JENKINS, and ALEX MOONEY stream protection rule—and this is not health and pension of our miners is in for voting yes and getting a strong a Republican-Democrat thing. This is a deep trouble. I have been very much on vote. I would like to thank Leader Democratic Governor’s DEP commis- board. Senator MANCHIN and I have MCCONNELL for his leadership on this sioner saying that it was ‘‘an unneces- been working hard—along with Senator and the 27 other cosponsors of this bill. sary, uncalled for political gesture.’’ PORTMAN, Senator BROWN—with those Lastly, I would like to say, we heard He went on to say that ‘‘the combined more affected regions to make sure the the Senator from Hawaii talk about administrative record developed health care and pensions of our miners how this is really going to create jobs. throughout the history of mining regu- are funded and that those miners know Well, I found an article from the Wall lation under SMCRA is totally devoid that the benefits that were promised Street Journal on December 20, 2016, of any indication of a need for this rad- will be there for them and their fami- and I am going to quote from it. ical rewrite of the regulations gov- lies. The promises made will be prom- Interior’s projections about the economic erning the way coal is mined in Amer- ises kept, but this downturn in the coal impact are laughable. OSM reckons the rule ica.’’ industry heavily affects the ability for would cost a mere 124 coal mining jobs a Other States have made comments as the pension funds to be solvent and for year— well. We had the Ohio Chief of Mineral the health benefits to be carried on. So Whereas, other estimates are almost Resources Management Lanny Erdos there is a direct correlation between as much as one-third of the jobs—

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.052 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S569 but instead of visiting operating mines, the Golden Rule, and I know that not ev- measures to limit duplication and wizards at OSM built their estimates on eryone shares my passion for the Gold- avoid inconsistency in the implementa- computer models. They even reported a net en Rule, even though it appears not tion of Surface Mining and Reclama- gain in jobs— just in my faith, those who happen to tion Act and Clean Water Act pro- And I think this is what the Senator be Catholic or Protestant, Jewish, grams, while supporting complemen- from Hawaii was talking about— Muslim, Hindu, Buddhist—it appears in tary, comprehensive, and effective en- as miners are replaced by workers imple- all faiths, the idea that we ought to vironmental reviews of proposed sur- menting the rule. treat other people the way we want to face coal mining operations.’’ Less mining but more workers—ge- be treated. Some would say that the stream pro- nius. I also believe the Federal Govern- tection rule allows the U.S. Fish and This reminds me a little bit of when ment should act to protect citizens Wildlife Service to veto Surface Mining we were talking about all of the regu- from the harm of the actions that Control and Reclamation Act permits. latory burdens of Dodd-Frank, which I other citizens would do to them. This That is not true. It is true that section am sure we will be getting into in an- stream protection rule is, I believe, one 7 of the Endangered Species Act does other CRA. I was on the Financial of those actions. require the Office of Surface Mining Services Committee over in the House I am a native West Virginian. I was Reclamation and Enforcement of the for a long time, and we learned, when born in Beckley, WV, a coal mining Department of the Interior to consult Dodd-Frank went into effect, within a town in South Central West Virginia. I with the U.S. Fish and Wildlife Service year and a half, the largest growing understand well the role coal mining if any action ‘‘may affect’’ listed ter- profession was bank auditors. So the has played in supporting families in my restrial and freshwater species. government has created jobs for bank native State and communities there for The stream protection rule allows auditors to put forward their rules. It longer than any of us can personally permit applicants and regulatory au- sounds a lot like that is what OSM has remember. thorities to achieve ESA compliance in done with this rule. I also know that mining operations a variety of ways but does not provide I would just like to close with this. have had a devastating impact on the the Fish and Wildlife Service any veto We are going to move forward with this lives of those who have endured com- authority over permits. Indeed, this because it is important to our region. promised drinking water and destroyed past year, the Office of Surface Mining It is important to a lot of working peo- natural habitat, with a loss of the fish Reclamation and Enforcement and the ple. It will not and does not in any and wildlife that define the fabric of Fish and Wildlife Service completed form or fashion allow fowling of the my native State and all other States. consultation under the Endangered water, fowling of our streams. There This rule has been a long time com- Species Act, resulting in what is are protections that are carried forth ing, as we have heard this evening. In- known as the 2016 Biological Opinion. through our State regulators who came deed, we are living with rules gov- This new Biological Opinion smooths to the table for this rule, who felt they erning mining conduct that go back, I the way for more efficient Endangered were not being listened to and, over the believe, as far as 30 years. It is time for Species Act compliance, while pro- course of 5 years, all drifted out. I an upgrade, and I think the rule before viding important protections to indus- don’t think they were invited back. I us is a sound, responsible, and carefully try and State regulators regarding pos- sible impacts of mining operations on am confident this will have an effect of developed answer to that need. protected species. saying: America, you voted to unleash In what is becoming an art form in I think it is important to note that if this country, there are myths—some the American economy, to let our regu- we kill this rule, that protection for in- call them alternative facts—that are lators regulate, to let our clean water dustry and State regulators will go swirling around this rule. As ranking statutes move forward in conjunction away. Let me repeat that. I think it is member and the senior Democrat on with State and Federal regulators, to important to note that if we kill this the Environment and Public Works let Americans know that the Federal rule, that protection for industry and Government is not going to be reaching Committee, I want to address a couple State regulators will go away, and into every aspect of your life and it is of them. those players will have to resort to a Some would attack this rule’s provi- going to result in losing your job, cre- more cumbersome case-by-case review sions as redundant and inconsistent ating hopelessness, 72 teachers being under the Endangered Species Act for with State obligations under the Clean laid off in my county last month be- all activities that might affect pro- cause we have lost people, real estate Water Act. I am also a former Gov- tected species. That would be a shame values going down, and the loss of a ernor and am keenly aware of the prob- for a struggling industry. valuable resource that leads to the lems of inefficient governance and For those and a host of other reasons strength and to the viability and to the avoided at all costs conflicts between my colleagues will offer today, I urge a security because energy security is se- State agencies. It wasn’t always easy, ‘‘no’’ vote on this resolution. curity for our country, for our whole but we didn’t need Federal actions to I thank the Presiding Officer, and I country. compound those frictions. I am happy yield back my time. The PRESIDING OFFICER. The Sen- to say that the drafters of this rule The PRESIDING OFFICER (Mr. ator from Delaware. heard those concerns, and this rule pro- GARDNER). The Senator from Georgia. Mr. CARPER. Mr. President, I rise in motes collaboration and coordination NOMINATION OF NEIL GORSUCH opposition to this effort under the Con- between mining and environmental Mr. PERDUE. Mr. President, during gressional Review Act to block imple- agencies and clarifies their roles, pre- the Presidential campaign last year, mentation of the stream protection serving their authorities under the sur- President Donald J. Trump promised rule. face mining and clean water laws. the American people he would nomi- CRA offers Congress an important Both the EPA and the Army Corps of nate an unwavering supporter of the tool, as we know, to consider poten- Engineers concurred with the final U.S. Constitution to the Supreme tially egregious rules that are promul- rules, and in doing so, EPA said: ‘‘We Court. He has now kept that promise. gated usually at the end of Presidential have concluded that nothing in the I personally applaud the President terms. The stream protection rule, Stream Protection Rule is inconsistent for nominating Judge Neil Gorsuch to which we are considering this evening, with the provisions of the Clean Water serve on the U.S. Supreme Court. He is is not one of those. Act and that the final rule does not in- an outstanding choice. Throughout his I live in a State—Delaware—whose hibit the EPA’s Clean Water Act au- career, Judge Gorsuch has been a stal- citizens can be adversely affected by thority to require that surface mining wart, standing strong in support of the the upstream actions of others and bor- activities comply with all applicable U.S. Constitution. He has repeatedly der States whose citizens could be com- provisions of the Clean Water Act, par- shown his commitment to our coun- promised by the things we do. ticularly those provisions related to try’s founding principles of economic I take it as a matter of faith that we water quality.’’ opportunity, fiscal responsibility, lim- should treat other people the way we The EPA goes on to say: ‘‘The final ited government, and individual lib- want to be treated. We call that the Stream Protection Rule incorporates erty. These principles have served to

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.053 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S570 CONGRESSIONAL RECORD — SENATE February 1, 2017 make our Nation exceptional through- The political theater of 2016 has no disobedience are both deplorable and out our history. Each branch of govern- place in the confirmation process this unacceptable. ment has the shared charge of pre- year. Now is the time to govern, not to The failed foreign policy of President serving and protecting those rights for engage in the far-off political theater Obama in Syria and the broader Middle all Americans. Judge Gorsuch has had of 2018 and 2020. As we move forward in East has made the world more dan- a remarkable career in both the public this process, I hope the minority leader gerous than at any time in my lifetime and private sectors and has dem- and my colleagues across the aisle will and has helped to create the current onstrated a keen understanding and ap- remember that. I hope they will put refugee crisis around the world. We are preciation of the law. the integrity of the Constitution before at war with ISIS, and we know they He has an outstanding academic the scope of their political ambition have identified and targeted our ref- record. He is an outsider to the polit- and their bitterness about last year’s ugee system as a point of weakness. ical nonsense here in this town. He has election outcome. They have already exploited the ref- an impeccable judicial record, and he is I would remind my colleagues across ugee systems of nations in Europe, car- actually called a ‘‘judge’s judge’’ in the the aisle that Republicans put aside po- rying out terrorist attacks and killing Scalia mold. He is a mainstream judge. litical theater to confirm two Justices innocent people. Actually, when he was confirmed in to the Supreme Court under both It would be malfeasance for our his current position, he was confirmed President Obama and President Clin- President not to take action and imme- by 11 Democrats who are still in this ton. Now President Trump has nomi- diately review our current screening body today, including Senators LEE, nated Neil Gorsuch, who is a principled process to ensure we are helping those FEINSTEIN, SCHUMER, and DURBIN. judge who will put the Constitution of in need and keeping terrorists out. Clearly, Judge Gorsuch will honor the the United States and the rights of all This temporary pause will allow us to formidable and impressive legacy of de- Americans at the forefront of any deci- assess our current screening process fending the Constitution left by Jus- sion he takes. Judge Gorsuch’s record and strengthen it as needed. Moving tice Scalia. of service and his commitment to the forward, the implementation of this Throughout last year, I and other Constitution is quite clear. I am look- temporary pause must be efficient and Members in the Senate held our ground ing forward to voting to confirm his effective. in saying that no nominee to the Su- nomination and to ensure that we have During this screening review period, we should avoid overreacting to the re- preme Court should be confirmed until a fully functioning High Court. after the Presidential election. We be- I strongly urge my colleagues across sponsible steps that have been taken to lieved the American people deserved a the aisle to put aside their partisan prioritize the protection of all Ameri- voice in the process. We also knew that self-interest and do what is right for cans. It is totally irresponsible and ri- the hyper-partisanship and politics of a our country. Our children and our chil- diculous for the minority leader, Mem- Presidential election cycle should dren’s children deserve nothing less. bers of this body, the former President, President Obama, and others to sug- never have any place in the nomination TRAVEL BAN gest that it is anything other than a and confirmation of a Supreme Court Mr. President, I also would like to rational, responsible step to keep Justice, which we all know is a lifetime speak momentarily to the President’s America safe and deal with the ISIS appointment. The integrity of the ad- recent Executive order to strengthen threat once and for all. vice and consent process, clearly our refugee screening process that he I yield my time. spelled out in Article II, Section 2 of thinks will protect America, and I The PRESIDING OFFICER. The Sen- the Constitution, was at stake. In pro- agree with him. ator from Washington. tecting the integrity of the sacred con- The minority leader’s tear-jerking Ms. CANTWELL. Mr. President, I stitutional process, we did our job. performance over the past weekend be- know my colleague from Oregon is Our position was exactly the same, longs at the Screen Actors Guild around somewhere and wanted to speak ironically, as held by former Vice awards, not in a serious discussion of on this rule, and when he shows up on President Biden, former Minority what it takes to keep America safe. the floor, we will certainly give him Leader Harry Reid, and others in ear- Folks back home are fed up with Mem- the time to do so. I want to make a lier times and earlier debates. bers of this body stirring up global couple of points while we are waiting Now that President Trump has an- hysteria to score political points. for him. nounced his nomination, it is time to Let’s be clear. This temporary action First, in this discussion here with my continue doing our job. I hope the mi- is not a so-called Muslim ban, and no colleagues, there is some discussion nority leader and Members of the mi- Muslim ban has been put into place. As and I guess the start of what will be a nority party will walk away from the a matter of fact, the five countries continuing theme that somehow, if you hypocrisy they are already dem- most heavily populated with Muslims get rid of regulations, we are going to onstrating this year. around the world were not included in restore competitiveness to the U.S. Last June, the current minority lead- this temporary pause on movement. In economy. Nothing could be further er tweeted: ‘‘In order for justice to re- fact, almost 90 percent of the world’s from the truth. main a pillar of this nation, we must Muslim population is not even re- If you ask businesses what we need to have a functioning judicial branch. The motely affected by this temporary do to be competitive as a country, they [Supreme Court of the United States] pause. will say: Make sure we have a great must have nine [sitting Justices].’’ The seven countries that were in- education system. Make sure we invest Later that same month, the minority cluded in President Trump’s Executive in R&D. Let’s develop new technology. leader said before the U.S. Senate: order—Iraq, Iran, Syria, Libya, Soma- If we look at where businesses are lo- ‘‘Every day that goes by without a lia, Sudan, and Yemen—were included cating, they want to locate in beau- ninth Justice is another day the Amer- for specific reasons. Each of these na- tiful, pristine places because they ican people’s business is not getting tions was previously identified by know that is where their employees done.’’ So why would the current mi- President Obama as posing national se- will want to locate. So, first of all, that nority leader and some of the Demo- curity threats to the United States. somehow the government is going to crats in this body now say they will fil- This is not a target at any religion; restore the economy by deregulating ibuster any nominee to the Supreme it is simply a temporary pause in the and letting polluters pollute is just not Court before even knowing who would movement of individuals from nations correct. It is not what America wants. be nominated? of concern in order to assess whether What people want is to have safe drink- The minority leader railed on the our current screening system is in the ing water, and they want an outdoor Senate floor. Yet last month he went best possible shape to protect Ameri- economy that is supported by having a on CNN and said: ‘‘We absolutely would cans. I am apoplectic that Members of great environment. keep the seat open . . . we will fight it the minority party and the former So I want to say a couple of other tooth and nail, as long as we have to.’’ President of the United States would things. Obviously, this rule that we are Again, this was before a nominee was actually say or imply otherwise. Their talking about and that has been devel- even announced. comments encouraging civil unrest and oped over a long period of time is an

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.055 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S571 improvement over the 1983 rule because as the coal industry is intent on maintaining Still, the issuing of a strong final Stream it gives us a better idea on the pollu- the status quo. Were that to transpire it Protection Rule is not a foregone conclusion, tion that is happening. Now, if people would mean streams that are at greater risk as the coal industry is intent on maintaining don’t want to know that information, I of being polluted with coal mine waste and the status quo. Were that to transpire it runoff. would mean streams that are at greater risk guess that is OK. The court, counter to Taking all of this into account, it’s clear of being polluted with coal mine waste and what my colleague from West Virginia that whether you’re a fly fisherman or not, runoff. said, did not say that it was suspending the revised rule is something we should all Taking all of this into account, it’s clear the rule. It said that it was still in ef- support. Cleaner waters not only mean bet- that whether you’re a fly fisherman or not, fect, that the pollution had to be ter fishing but cleaner and healthier commu- the revised rule is something we should all cleaned up. It said: Come back and look nities too. support. Cleaner waters not only mean bet- Speaking on behalf of my fellow fly fisher- ter fishing but cleaner and healthier commu- at the economic impact. But somehow, men, I applaud the Department of the Inte- nities too. some are saying that the Supreme rior for its ongoing efforts to enact sensible Speaking on behalf of my fellow fly fisher- Court decision on the MATS rule gave safeguards that protect the federal lands we men, I applaud the Department of Interior EPA and others a get-out-of-jail-free all support and enjoy. It’s time for DOI to for its ongoing efforts to enact sensible safe- card; you don’t have to look at pollut- push the Stream Protection Rule update guards that protect the federal lands we all ants. They have to look at pollutants. across the finish line so we fishermen— support and enjoy. It’s time for DOT to push So what is this issue about? It is Obviously, this letter was written be- the Stream Protection Rule update across the finish line so we fisherman can go back about clean water. fore that— to worrying about the little things—like Mr. President, I wish to enter into can go back to worrying about the little what color fly to cast—rather than fretting the RECORD a couple of articles that I things—like what color fly to cast—rather over groundwater pollution that threatens have seen from constituents. My col- than fretting over groundwater pollution our vibrant ecosystems and jeopardizes our league from West Virginia mentioned a that threatens our vibrant ecosystems and health. jeopardizes our health. few people. These are the real people in Ms. CANTWELL. Mr. President, I can America who want this. Well, I think Mr. Kurtz said it the read others, but these are the people One of them is a gentleman named best. who are concerned about this rule. Ben Kurtz, who happens to be from Mr. President, I ask unanimous con- These are the individuals who want to Grand Junction, CO. This is what he sent that this article be printed in the know whether we are going to do our says: RECORD. job and to say that polluters must pay. There being no objection, the mate- It’s often said that drag is a fly fisher- I believe that if we have the technology rial was ordered to be printed in the man’s greatest enemy. The truth, however, and the rules to do that, why would RECORD, as follows: is that a wet fly or heavy drag is irrelevant miners object? Why would the mining PROTECTION FOR OUR RIVERS AND STREAMS IS if you don’t have clean water to fish. Our industry object to having the correct lakes, rivers, streams and the fish that in- LONG OVERDUE habit them are all extremely sensitive to (By Ben Kurtz) information? I will read another letter from a pollution. And right now, many of these It’s often said that drag is a fly fisher- streams all across our country are being man’s greatest enemy. The truth, however, Montana rancher this time. threatened by dirty groundwater stemming is that a wet fly or heavy drag is irrelevant As a long-time rancher of north of Billings, from coal mines. if you don’t have clean water to fish. Our water supply has been a 70-year-old struggle Despite this, it’s been nearly a decade lakes, rivers, streams and the fish that in- for my ranch. The coal industry has posted a since the Department of Interior has updated habit them are all extremely sensitive to threat to my water supply since the 1970s, its Stream Protection Rule—an inadequate, pollution. And right now, many of these and more recently increased mining, spurred Reagan-era regulation governing impacts to streams all across the country are being by fast-growing markets and the export to waterways from coal mining which was threatened by dirty groundwater stemming Asia, which has sparked water damage weakened even further under the Bush ad- from coal mines. across the West. The limited water we are ministration. Despite this, it’s been nearly a decade talking about in the West makes it doubly For the last six years, DOI has been en- since the Department of Interior has updated valuable and in need of protection. As the gaged in the process of updating and gath- its Stream Protection Rule—an inadequate, saying goes: ‘‘Whiskey is for drinking and ering input on the rule, with the ultimate Reagan-era regulation governing impacts to water is for fighting.’’ So it is absolutely es- goal of revising it to make it more effective, waterways from coal mining which was sential that we protect the water we have, in line with the challenges our waters face weakened even further under the Bush ad- and sometimes that means a stronger rule today as well as the law Congress passed in ministration. from the Federal Government. the 1970s to create it. While it has been a For the last six years, DOT has been en- Most cattle ranchers in the Bull Mountains long time coming, that process now appears gaged in the process of updating and gath- where I live rely on a combination of wells to be coming to a close. ering input on the rule, with the ultimate and natural springs to water our livestock. Once finalized, the revised rule would es- goal of revising it to make it more effective, And like other nearby operations, my ranch tablish common-sense new protections that in line with the challenges our waters face is currently being literally undermined by would safeguard the health of our water- today as well as the law Congress passed in coal mines using massive and destructive ways, and by extension, the communities the 1970s to create it. While it has been a long wall machines that make it difficult for that are impacted by them. For example, the long time coming, that process now appears efficient mining because of surface disrup- rule would strengthen baseline requirements to be coming to a close. tions, impairing coal aquifers, subsiding re- for water quality testing to ensure that coal Once finalized, the revised rule would es- charge areas, and they pull surface streams mining operations are not polluting streams tablish common-sense new protections that underground. I can think of no industry that in a manner similar to that of the old would safeguard the health of our water- degrades water in such a reckless and cava- hardrock mines throughout the West. ways, and by extension, the communities lier way as the coal industry. From acid In addition, the revised standards would that are impacted by them. For example, the mine drainage and thousands of mines’ bur- require coal mines to develop a plan for how rule would strengthen baseline requirements ied headwaters across Appalachia, to eating to protect fish and wildlife while also put- for water quality testing to ensure that coal streams on the prairie that are destroying ting in place measures that will reduce im- mining operations are not polluting streams wells and springs in Montana’s Bull Moun- pacts on habitats and improve reclamation in a manner similar to that of the old tain. of mines that have shuttered. hardrock mines throughout the West. While Montana surface mining laws re- quire reclamation of the area over long I mentioned earlier as a side note to In addition, the revised standards would require coal mines to develop a plan for how mines, reclamation is a slow and uncertain this letter that we have 250 such mines to protect fish and wildlife while also put- process, and water in the existing mines in in our State. ting in place measures that will reduce im- Montana has not been reclaimed, according These proposed changes are just common pacts on habitats and improve reclamation to the bond-released statistics. These pro- sense: The rule is low-cost (independent ana- of mines that have shuttered. posals for mining are to be included along lysts have calculated that the safeguards These proposed changes are just common these rivers and even moving along tribu- would cost between 1 and 60 cents per ton of sense: The rule is low-cost (independent ana- taries, to get it out of the way of coal min- coal that’s mined) and while the revisions lysts have calculated that the safeguards ing. In Wyoming, Angelo Creek is slowly are expected to result in cleaner waters and would cost between 1 and 60 cents per ton of being eaten by a coal mine. With all of it as improved public health, its impact on jobs coal that’s mined) and while the revisions a backdrop, I am happy to see the proposal will be slim to none. are expected to result in cleaner waters and by the Department of the Interior to update Still, the issuing of a strong final Stream improved public health, its impact on jobs this regulation put in place over 30 years Protection Rule is not a foregone conclusion, will be slim to none. ago.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.058 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S572 CONGRESSIONAL RECORD — SENATE February 1, 2017 So the proposed Stream Protection Rule stead is a rule trying to hold back the stream. But it is a far more beau- would safeguard communities from destruc- making sure that we have safe drink- tiful and far healthier river than it was tive coal mining practices and keep pace ing water, safe fishing water, and an before we passed the Clean Water Act. with our current science and modern mining outdoor economy that can count on We have proceeded to be fairly fierce practices. These new rules would minimize about our enforcement. We have pros- impacts to surface and groundwater such as these things. springs on my property by requiring compa- I thank my colleague from Hawaii for ecuted polluters who have bypassed the nies to avoid mining practices that perma- being here earlier and talking about law and dumped the results of their nently pollute and diminish streams, requir- this issue, as well as my colleague who processes directly into our streams and ing coal companies to test and monitor the is the ranking member from the EPW our waterways. We have worked to pro- conditions of streams that their mining committee, Senator CARPER from Dela- tect wetlands, and we have worked to might impact before and during and after op- ware, making an eloquent statement protect estuaries, understanding more erations. and talking about the West Virginia and more about the role these various The proposed rule would also require com- panies to restore streams and other waters economy, as he is a native of West Vir- bodies of water play in our economy that they were using and that were capable ginia, and now my colleague from Or- and play in our natural system and of supporting, like in the ranching area, egon, who is also addressing this issue. making sure they can continue to play prior to the mining activities. The Depart- I appreciate their coming to the floor that role so that we have a sustainable ment of the Interior could also improve parts tonight and being part of this discus- environment, one that is not at war of the stream protection rule by providing sion. with our economy. technical assistance. This is so important to all of us and We have made the two work very It is very well to have good standards and really to all of our country. I think well together, and we have accom- test these out in rules, but if they are poorly plished all this through the debate and implemented on the ground and over time, making sure that people understand the results will be like no rule. So the Inte- how important clean water is to var- dialogue that we have had in the Sen- rior Department’s work to update and mod- ious aspects is so important. So I ate and in the House and that the ex- ernize these decade-old rules and regulations thank my colleague from Oregon. perts have brought to bear in our com- is absolutely essential if we are going to The PRESIDING OFFICER. The Sen- mittee hearing rooms. We have accom- keep a bad situation from getting worse. ator from Oregon. plished it through the testimony of Clean water in the West is too precious to let Mr. MERKLEY. Mr. President, I ap- concerned citizens across the Nation coal companies pollute it or diminish it. preciate the comments just delivered who have identified one particular This happens to be from a woman by my colleague from Washington problem or another problem and have named Ellen Pfister who has a cattle State. Our two States are roughly the brought those challenges to us here in ranch in the Bull Mountains area of same size. They have similar amounts this body, and we have worked to ad- Shepherd, MT. of coastline. We have citizens who dress them. If you have ever visited a So these are just two examples of share a lot of perspective on the coun- nation that didn’t have this kind of people who really want to see us do try and that may be apparent in the process and seen the intense, incredible something. Why? Because clean water comments I am about to make. pollution of its waterways, then you is so important to them. It is so impor- Mr. President, from our earliest days, know what a difference it makes to tant to the outdoor economy, and it is long before the Founding Fathers gath- have this public process. I invite you to important to this particular rancher ered in Philadelphia to declare that 13 visit China and see what happens when who wants to make sure that clean disparate colonies were united and ‘‘ab- there is no public process for taking water is an aspect of their farming. solved from all allegiance to the Brit- into account and rectifying the chal- There are a couple of other points I ish Crown’’ and long before they sought lenges when industrial waste is simply wanted to make about the rule and this to ‘‘form a more perfect Union,’’ our dumped into our waterways. notion that somehow overregulation streams, our rivers, and our lakes have We take a lot of pride in protecting has destroyed the pension program. It been the economic lifeblood of our Na- our streams, our rivers, and our lakes. is so amazing that here in the Senate, tion. They have supported commerce That process has continued over these somebody thinks that overregulation and trade, fishing and agriculture. past years at the Department of the In- could blow that big of a hole into the They have facilitated the ability to terior, where the Office of Surface Min- pension program. The pension program travel the vastness of this continent. ing Reclamation and Enforcement was had a more than 23-percent drop in the They have sustained our growing com- working on the stream protection rule. implosion of the economy in 2008 and munities and served as critical re- I am going to show a picture to give 2009. So that kind of hole was there be- sources for public health. some scale to the type of mining that fore this process. It is sad that now It is no wonder, then, that genera- the Department of the Interior, Office miners who are going to reach a retire- tions of Americans have worked incred- of Surface Mining Reclamation and En- ment age won’t have a pension to re- ibly hard to protect these natural re- forcement was trying to address. We tire on. I think it is appalling that we sources to keep them clean and safe. see here the little tiny tractor. This is bailed out Wall Street and we don’t That is why here, in the Senate and in actually a massive tractor dwarfed by want to help with a pension program the House, in 1972, we passed the Clean the scale of this massive mine. Indeed, that basically took a major hit during Water Act that formed the foundation in many cases, the entire top of the the downturn. What are we saying to for our Nation’s water regulations. It is mountain is blown off to get at the people? We don’t care about those pen- why, 2 years later, the House and Sen- coal seams underneath. In the process, sions, but we will turn over the keys to ate developed and passed the Safe a tremendous amount of rock debris is the Treasury to someone else? Drinking Water Act, to make sure that created and a tremendous amount of So the notion that, somehow, stand- public drinking water supplies are safe fracturing that can lead to water that ing up for clean water is equated with throughout the Nation. moves through the water table eventu- the pension program is just not true. I recall the impact of these acts in ally finds its way into streams. We support those workers. We will do my home State of Oregon. The Klam- The goal has been to find a way that anything to help them from all aspects ath River was considered extraor- this type of mining can be done in re- of that picture, including giving them dinarily polluted. You could boat down spectful balance with the streams that a pension and making sure they have it and see pipes dumping into it at reg- are further down the mountainside. health care and retirement. We have ular intervals. Then, over time, as the That is the challenge, and it wasn’t had that discussion, and many of my State worked hard to identify those easy to address. That is why this rule colleagues had that discussion here pipes, remove those pipes, and make has been under development for 7 late into the night just at the end of sure that all pollution went through years, from 2009 right up through De- last year. I am sure that we are wait- water treatment, the river got better. cember of 2016—virtually the entire ing for a response from Leader MCCON- It got healthier. length of the Obama administration. NELL as to when he is going to put that Now, it is not without its problems. During this period of consideration, kind of legislation on the Senate floor. Its problems still exist. There is still there have been multiple reiterations But, unfortunately, what we have in- nonpoint pollution that affects life in of what the rule could look like and

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.059 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S573 what actually works in the real world, market are changing. We see that nat- have measured it. According to the En- with stakeholder after stakeholder ural gas prices have dropped so low vironmental Protection Agency’s sta- after stakeholder saying: This is what that many utilities are shutting down tistics, valley fills from mountaintop you have to do to make it work. The their coal plants and they are opening removal are responsible for burying goal was that this type of mining up natural gas plants or they are in- 2,000 miles of vital Appalachian head- would be done, but not in a fashion vesting in wind or solar renewables. water streams. Now, 2,000 miles is a lot which would destroy the streams. That But we need to recognize that for 150 of streams. Picture 2,000 miles of a is why it took so much hard work to do years coal mining families have blue-green stream reduced not just to a this. worked incredibly hard, at great per- toxic red stream but to no stream at There were hundreds of hours of sonal risk to their health, to put meals all because it has been completely cov- meetings, responses to over 114,000 on their tables and to provide power to ered and eliminated. That is a lot of comments on the rule. But here we are our Nation. So let’s have this conversa- fishing holes that are gone forever. in the evening, with little attention tion about protecting our streams with In addition to that, we know the fish being paid by the vast bulk of Senators a full respect for the mining economy populations downstream have been re- spending just a couple hours and plan- and the families that have put their duced by two-thirds from the places ning to undo this work. lives at stake and worked to put food where mountaintop removal is occur- Under the Senate rules under the on the table. ring. Congressional Review Act, we have just There is no reason we can’t do what We know that communities nearby 10 hours of debate. Some of that can be we have done in so many other parts of are contending with contaminated yielded back by one side or the other, our economy to make the industrial drinking water and that babies are so maybe it will only be a few hours of process or the manufacturing process being born with higher rates of birth debate. In those few hours, we hold in or the mining process be one that defects. I think about the birth of my our hands the fate of the streams works in harmony with our environ- two children. Like every parent, we downstream from this mining. This is ment, instead of at odds with the envi- pray and hope that the child is going to the premise: Will they conduct this ronment. That is the goal of the be born free of birth defects. mining in a fashion and followup with stream protection rule. It updates our So this rule is about something very restoration to protect the streams that 30-year-old coal mining regulations to close to our hearts. For some, it is the will otherwise be devastatingly im- better reflect the industry as it is beauty of natural streams. For some, it pacted? today, in 2017. is the opportunity to fish and see won- I am going to say yes. Let’s take to The fact is, we know a great deal derful natural places. But for others, it heart the 100,000-plus hours of work or more about the impacts of various coal comes straight to the question of the 114,000 comments and the mul- mining processes on both the people whether their children are going to be titude of meetings over 6 years, the and communities and environment— born with birth defects. At the other work of professionals who talked to much more now than we did when most end of life, we see downstream elevated every stakeholder. Let’s take to heart of the regulations were put together levels of lung cancer, elevated levels of their work and not undo it in just an decades ago. We know that when we heart disease, elevated levels of kidney hour or two here on the floor. use explosives to blast the summit of a disease, elevated levels of hyper- The Senate works in a way now that, mountain as is done in mountaintop re- tension. even with something that has such a moval, everything gets blasted up into So I ask: Is it right that here, in the profound impact, Senators aren’t here the air and pushed down into the val- dark of night, with just a few hours of listening to each other; thus, we are leys where it ends up in rivers and discussion and virtually no one here in not sharing our thoughts back and streams. What is the result of that? If the Senate Chamber, we are going to forth the way the old Senate used to that newly blasted rock doesn’t block undo 7 years of work designed to re- debate. It is almost in silence that we the flow of the river and streams en- duce birth defects, reduce lung cancer, are undoing or potentially undoing all tirely, it is still in constant contact reduce heart disease, reduce kidney of this work. Shouldn’t we be cele- with them, leaching out pollutants disease, reduce hypertension, reduce brating that so many folks came to- into the water, and those pollutants in- contaminated drinking water? gether to craft a strategy that would clude things like heavy metals and In just a few short hours, we will be not cause this type of mining to de- other toxics that pose enormous making a decision that will result in stroy the down-mountain streams? threats to the region’s fish and to the an impact on thousands of people, as Let me show an example of what a plants and to the animals and, yes, well as thousands of miles of streams. down-mountain stream looks like. This even to the people who live down- The stream protection rule is pretty is a stream that probably ran blue not stream. There are pollutants like sele- straightforward in its design. I will too long ago. It now runs orange. It is nium, a metalloid that is toxic to fish give a few details about what it is in- full of toxic metals and who knows even at a very low level, causing de- tended to do. what. I rather doubt that any Member formities, causing reproductive fail- One is that it improves construction of the Senate would volunteer to go ures, causing death. standards for waste piles. What is a and take a cup of water from this One way to tell the health of a waste pile? Well, it is pretty much stream and drink it. We can just look stream is that it has life in it, but I what it sounds like. It is a pile built at it and know it is deadly. doubt anyone would come out and say: from accumulated rock waste that is So we are trying to keep in place a Last year, I fished here when this was removed when you do mountaintop rule carefully crafted so this stream— a blue-green stream, but this year I am mining. Why do we need to improve which not so long ago ran blue or ran not because with one glance at this their construction? Because these piles turquoise or deep green because it was stream, you know all the fish are dead. grow to enormous size. They can in- a natural stream without this dev- There are other pollutants like cad- volve millions and millions of tons of astating pollution—will stay in that mium, a pollutant that is not safe at rock and debris. Over time, erosion in natural state. That is the goal. That is any level and has been tied to cancer in the soil around them can create dan- the point of this rule. humans. So as cadmium goes down into gerous, unstable slopes that can even- I want to be very clear that the water, flows into the streams and cities tually produce landslides. So how you stream protection rule is designed to and small towns further down, it adds design it matters. These coal piles can enable mining and stream sustain- to the health risks of the folks living have high levels of coal dust or hydro- ability to go hand-in-hand. Coal mining in the areas. carbons. And then there is the acid is changing in America. It has adopted Waste dumps called valley fills are rock drainage. As water comes down in a number of practices that have made left in place even when the mining is rain and it percolates down through it safer. Machinery has also gotten big- completed and the company moves on. these, it ends up seeping out into the ger in ways that mean far fewer people We know that the rubble from moun- groundwater or into the stream and are employed in it. It is also changing taintop mining is impacting our poisoning the groundwater or poi- because the economies of the energy streams and waterways because we soning the stream.

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.060 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S574 CONGRESSIONAL RECORD — SENATE February 1, 2017 That is why it matters how you have tributaries, the Coldwater Fork, a 10- The PRESIDING OFFICER (Mr. a construction standard for a waste foot-wide stream, became 100 yards of SCOTT). The Senator from Rhode Is- pile. Isn’t it smart to have such a slurry. In some places, the spill was land. standard in place and one that has been over 5 feet deep. It spread out and cov- Mr. WHITEHOUSE. Mr. President, it developed over hundreds of meetings ered people’s yards on the banks. Hun- is my understanding that the Senator over 6 years so that mining is much dreds of miles of the Big Sandy River will take us through the closing script, more compatible with clean streams were polluted as a result as the stuff and as a part of that, I will be recog- and healthy people? washed down the stream. The Ohio nized in the order to make my re- Another thing this rule does is it en- River was polluted. The water supply marks. hances restoration by strengthening for 27,000 people was contaminated. With that understanding, I yield the bonding requirements. It is not un- It is not that it has just happened floor. known, unfortunately, that coal min- once; it has happened other times. It What if I suggest that I begin my re- ers would just abandon the mine once happened in Buffalo Creek Hollow, WV, marks, that you give me the high sign their operations were finished, leaving in 1972. In that case, it was 132 million whenever the closing script is pre- all sorts of undone business that adds gallons of slurry. That is about a third pared—it is. Never mind. to the enormous contamination that of the size of the other spills, so I guess I yield the floor. even a small amount of mining can do. you could say that instead of being 30 The PRESIDING OFFICER. This is In 1977, Congress passed a law saying times Exxon Valdez, it was only 10 the high sign. that miners needed to restore the land times Exxon Valdez. But it did a lot of Mr. WHITEHOUSE. The high sign has after their mining operation was com- damage. It created a wave going down- been received. pleted and that they needed to provide stream that was 30 feet high. Can you The PRESIDING OFFICER. The Sen- a bond up front to pay for the cleanup imagine how much material is required ator from Colorado. cost just in case the company decided to create a wave of—a flash flood of f it didn’t want to follow through on the coal slurry 30 feet high? This didn’t cleanup after it completed extracting happen away from human civilization; MORNING BUSINESS the coal. Strengthening that and mak- this wave of coal slurry killed 125 peo- Mr. GARDNER. Mr. President, I ask ing sure the bonding process actually ple. This wave of toxic coal slurry hit unanimous consent that the Senate be works right, that the bond is actually and injured over 1,000 more people— in a period of morning business, with there to do the cleanup, makes a lot of 1,121 more people. It left 4,000 people Senators permitted to speak therein sense. homeless, wiped out their homes and for up to 10 minutes each. Years ago, I was immersed in first de- their towns. The PRESIDING OFFICER. Without veloping housing with Habitat for Hu- That is the type of damage that can objection, it is so ordered. manity and then building affordable occur, so why not have a rule that has f multiplexes for a nonprofit, Human So- looked at how these ponds are created lutions. Companies that were being and said, here is a standard so that the VOTE EXPLANATION paid to do their work had a construc- pond is not overloaded or overtopped or tion bond. The bond made sure that if Mr. DURBIN. Mr. President, I was the wall does not collapse and cause a necessarily absent for the votes on the the company somehow disappeared in tidal wave that will kill more than 100 the middle of the night, the work was motion to proceed to legislative ses- people or injure more than 1,000 or sion and the motion to procced to a going to get done. That bond was very leave 4,000 people homeless. Having a important to the nonprofit, that what joint resolution disapproving the rule standard is the logical thing to do. It submitted by the Department of the In- they were investing in—the payments helps the companies because then they they made were actually going to re- terior known as the Stream Protection know exactly what they need to do to Rule, H.J. Res. 38. sult in what was contracted to be deliv- make that pond safe. ered. That is the same thing here. A On vote No. 41, had I been present, I Those are some examples of what is company that comes in and says: We would have voted ‘‘nay’’ on the motion in this rule. got permission to mine—it is saying to to proceed to legislative session. I think it is important to understand the public, with a good bonding sys- On vote No. 42, had I been present, I another factor. This rule requires care- tem, yes, you can be confident that the would have voted ‘‘nay’’ on the motion ful mapping before the mining is done cleanup work will be done. That needed to proceed to H.J. Res. 38. so that the restoration process can be to be strengthened because often it is f held accountable to restore the con- not done. That is another piece of this tours that existed previously, or as COMMITTEE ON AGRICULTURE, puzzle. Then there is another piece that is close as you can get. Without an under- NUTRITION, AND FORESTRY related to coal slurry and reducing the standing of what the land looked like odds of coal slurry causing a lot of beforehand, it is hard to say what it RULES OF PROCEDURE damage. Coal slurry is liquid waste should look like when it is restored. generated when mined coal is washed Those are commonsense measures. Mr. ROBERTS. Mr. President, the off. You have a lot of water that is That is it. Common sense. Common Committee on Agriculture, Nutrition, thickened with debris from washing standards for safety, for protection of and Forestry has adopted rules gov- the coal, and it can be held in a basin, the streams and the wildlife and the erning its procedures for the 115th Con- but if the walls of that basin fail and people. Isn’t that what we should be all gress. Pursuant to rule XXVI, para- that coal slurry gets into the streams, about? Shouldn’t we not be undoing graph 2, of the Standing Rules of the it does massive damage. that, as we will be in a couple of hours, Senate, on behalf of myself and Sen- That transpired in Martin County, in a deserted Senate Chamber in the ator STABENOW, I ask unanimous con- KY, 16 years ago. An estimated 306 mil- middle of the night? That is wrong. sent that a copy of the committee rules lion gallons of slurry spilled into two If you want to change these stand- be printed in the RECORD. tributaries of the Tug Fork River. How ards—and I say this to my colleagues, There being no objection, the mate- much is 306 million gallons? It is a lot and I know many do care a great deal rial was ordered to be printed in the of swimming pools, almost more than about the environment—then have the RECORD, as follows: you can imagine. Another way to look courage to do it in daylight. Have the RULES OF THE COMMITTEE ON AGRI- at it is it is 30 times larger than the courage to do it in a committee. Have CULTURE, NUTRITION, AND FORESTRY Exxon Valdez oilspill, one of the worst the courage to invite the public in to 115th Congress environmental disasters ever. testify. But here we are tonight, hiding RULE I—MEETINGS from the population across America, There it is. It was a big, massive 1.1 Regular Meetings.—Regular meetings pond that spilled into the forests and undoing this important work for the shall be held on the first and third Wednes- into the rivers in that situation in safety of our people. That is wrong. day of each month when Congress is in ses- Martin County. Overnight, one of the Mr. President, I yield the floor. sion.

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.062 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S575 1.2 Additional Meetings.—The Chairman, vance of the hearing, a written statement of mittee to report a measure or matter shall in consultation with the ranking minority his or her testimony and as many copies as require the concurrence of a majority of member, may call such additional meetings the Chairman of the committee or sub- those members who are physically present at as he deems necessary. committee prescribes. the time the vote is taken. 1.3 Notification.—In the case of any meet- 3.3 Minority Witnesses.—In any hearing RULE 6—VOTING ing of the committee, other than a regularly conducted by the committee, or any sub- 6.1 Rollcalls.—A roll call vote of the mem- scheduled meeting, the clerk of the com- committee thereof, the minority members of bers shall be taken upon the request of any mittee shall notify every member of the the committee or subcommittee shall be en- member. committee of the time and place of the meet- titled, upon request to the Chairman by the 6.2 Proxies.—Voting by proxy as authorized ing and shall give reasonable notice which, ranking minority member of the committee by the Senate rules for specific bills or sub- except in extraordinary circumstances, shall or subcommittee to call witnesses of their jects shall be allowed whenever a quorum of be at least 24 hours in advance of any meet- selection during at least 1 day of such hear- the committee is actually present. ing held in Washington, DC, and at least 48 ing pertaining to the matter or matters 6.3 Polling.—The committee may poll any hours in the case of any meeting held outside heard by the committee or subcommittee. matters of committee business, other than a Washington, DC. 3.4 Swearing in of Witnesses.—Witnesses in vote on reporting to the Senate any meas- 1.4 Called Meeting.—If three members of committee or subcommittee hearings may be ures, matters or recommendations or a vote the committee have made a request in writ- required to give testimony under oath when- on closing a meeting or hearing to the pub- ing to the Chairman to call a meeting of the ever the Chairman or ranking minority lic, provided that every member is polled and committee, and the Chairman fails to call member of the committee or subcommittee every poll consists of the following two ques- such a meeting within 7 calendar days there- deems such to be necessary. tions: (1) Do you agree or disagree to poll the after, including the day on which the written 3.5 Limitation.—Each member shall be proposal; and (2) Do you favor or oppose the notice is submitted, a majority of the mem- limited to 5 minutes in the questioning of proposal. If any member requests, any mat- bers may call a meeting by filing a written any witness until such time as all members ter to be polled shall be held for meeting notice with the clerk of the committee who who so desire have had an opportunity to rather than being polled. The chief clerk of shall promptly notify each member of the question a witness. Questions from members the committee shall keep a record of all committee in writing of the date and time of shall rotate from majority to minority mem- polls. the meeting. bers in order of seniority or in order of ar- 1.5 Adjournment of Meetings.—The Chair- rival at the hearing. RULE 7—SUBCOMMITTEES man of the committee or a subcommittee RULE 4—NOMINATIONS 7.1 Assignments.—To assure the equitable shall be empowered to adjourn any meeting 4.1 Assignment.—All nominations shall be assignment of members to subcommittees, of the committee or a subcommittee if a considered by the full committee. no member of the committee will receive as- quorum is not present within 15 minutes of 4.2 Standards.—In considering a nomina- signment to a second subcommittee until, in the time scheduled for such meeting. tion, the committee shall inquire into the order of seniority, all members of the com- RULE 2—MEETINGS AND HEARINGS IN GENERAL nominee’s experience, qualifications, suit- mittee have chosen assignments to one sub- 2.1 Open Sessions.—Business meetings and ability, and integrity to serve in the position committee, and no member shall receive as- hearings held by the committee or any sub- to which he or she has been nominated. signment to a third subcommittee until, in committee shall be open to the public except 4.3 Information.—Each nominee shall sub- order of seniority, all members have chosen as otherwise provided for in Senate Rule mit in response to questions prepared by the assignments to two subcommittees. XXVI, paragraph 5. committee the following information: (1) A 7.2 Attendance.—Any member of the com- 2.2 Transcripts.—A transcript shall be kept detailed biographical resume which contains mittee may sit with any subcommittee dur- of each business meeting and hearing of the information relating to education, employ- ing a hearing or meeting but shall not have committee or any subcommittee unless a ment, and achievements; (2) Financial infor- the authority to vote on any matter before majority of the committee or the sub- mation, including a financial statement the subcommittee unless he or she is a mem- committee agrees that some other form of which lists assets and liabilities of the nomi- ber of such subcommittee. permanent record is preferable. nee; and (3) Copies of other relevant docu- 7.3 Ex Officio Members.—The Chairman 2.3 Reports.—An appropriate opportunity ments requested by the committee. Informa- and ranking minority member shall serve as shall be given the Minority to examine the tion received pursuant to this subsection nonvoting ex officio members of the sub- proposed text of committee reports prior to shall be available for public inspection ex- committees on which they do not serve as their filing or publication. In the event there cept as specifically designated confidential voting members. The Chairman and ranking are supplemental, minority, or additional by the committee. minority member may not be counted to- views, an appropriate opportunity shall be 4.4 Hearings.—The committee shall con- ward a quorum. given the Majority to examine the proposed duct a public hearing during which the nomi- 7.4 Scheduling.—No subcommittee may text prior to filing or publication. nee shall be called to testify under oath on schedule a meeting or hearing at a time des- 2.4 Attendance.—(a) Meetings. Official at- all matters relating to his or her suitability ignated for a hearing or meeting of the full tendance of all markups and executive ses- for office. No hearing shall be held until at committee. No more than one subcommittee sions of the committee shall be kept by the least 48 hours after the nominee has re- business meeting may be held at the same committee clerk. Official attendance of all sponded to a prehearing questionnaire sub- time. subcommittee markups and executive ses- mitted by the committee. 7.5 Discharge.—Should a subcommittee fail sions shall be kept by the subcommittee 4.5 Action on Confirmation.—A business to report back to the full committee on any clerk. (b) Hearings. Official attendance of all meeting to consider a nomination shall not measure within a reasonable time, the Chair- hearings shall be kept, provided that, Sen- occur on the same day that the hearing on man may withdraw the measure from such ators are notified by the committee Chair- the nominee is held. The Chairman, with the subcommittee and report that fact to the man and ranking minority member, in the agreement of the ranking minority member, full committee for further disposition. The case of committee hearings, and by the sub- may waive this requirement. full committee may at any time, by major- committee Chairman and ranking minority RULE 5—QUORUMS ity vote of those members present, discharge a subcommittee from further consideration member, in the case of subcommittee hear- 5.1 Testimony—For the purpose of receiv- of a specific piece of legislation. ings, 48 hours in advance of the hearing that ing evidence, the swearing of witnesses, and 7.6 Application of Committee Rules to Sub- attendance will be taken. Otherwise, no at- the taking of sworn or unsworn testimony at committees.—The proceedings of each sub- tendance will be taken. Attendance at all any duly scheduled hearing, a quorum of the committee shall be governed by the rules of hearings is encouraged. committee and the subcommittee thereof the full committee, subject to such author- RULE 3—HEARING PROCEDURES shall consist of one member. izations or limitations as the committee 3.1 Notice.—Public notice shall be given of 5.2 Business.—A quorum for the trans- may from time to time prescribe. the date, place, and subject matter of any action of committee or subcommittee busi- hearing to be held by the committee or any ness, other than for reporting a measure or RULE 8—INVESTIGATIONS, SUBPOENAS AND subcommittee at least 1 week in advance of recommendation to the Senate or the taking DEPOSITIONS such hearing unless the Chairman of the full of testimony, shall consist of one-third of 8.1 Investigations.—Any investigation un- committee or the subcommittee determines the members of the committee or sub- dertaken by the committee or a sub- that the hearing is noncontroversial or that committee, including at least one member committee in which depositions are taken or special circumstances require expedited pro- from each party. subpoenas issued, must be authorized by a cedures and a majority of the committee or 5.3 Reporting.—A majority of the member- majority of the members of the committee the subcommittee involved concurs. In no ship of the committee shall constitute a voting for approval to conduct such inves- case shall a hearing be conducted with less quorum for reporting bills, nominations, tigation at a business meeting of the com- than 24 hours notice. matters, or recommendations to the Senate. mittee convened in accordance with Rule 1. 3.2 Witness Statements.—Each witness who No measure or recommendation shall be or- 8.2 Subpoenas.—The Chairman, with the is to appear before the committee or any dered reported from the committee unless a approval of the ranking minority member of subcommittee shall file with the committee majority of the committee members are the committee, is delegated the authority to or subcommittee, at least 24 hours in ad- physically present. The vote of the com- subpoena the attendance of witnesses or the

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.044 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S576 CONGRESSIONAL RECORD — SENATE February 1, 2017 production of memoranda, documents, shall consist of nineteen Members. The Mem- 2. Notice and Agenda: records, or any other materials at a hearing bers and chairman of the special committee (a) Written or Electronic Notice. The of the committee or a subcommittee or in shall be appointed in the same manner and Chairman shall give the Members written or connection with the conduct of an investiga- at the same time as the Members and chair- electronic notice of any Committee meeting, tion authorized in accordance with para- man of a standing committee of the Senate. accompanied by an agenda enumerating the graph 8.1. The Chairman may subpoena at- After the date on which the majority and mi- items of business to be considered, at least 5 tendance or production without the approval nority Members of the special committee are days in advance of such meeting. of the ranking minority member when the initially appointed on or affect the effective (b) Shortened Notice. A meeting may be Chairman has not received notification from date of title I of the Committee System Re- called on not less than 24 hours notice if the the ranking minority member of disapproval organization Amendments of 1977, each time Chairman, with the concurrence of the of the subpoena within 72 hours, excluding a vacancy occurs in the Membership of the Ranking Minority Member, determines that Saturdays and Sundays, of being notified of special committee, the number of Members there is good cause to begin the meeting on the subpoena. If a subpoena is disapproved by of the special committee shall be reduced by shortened notice. An agenda will be fur- the ranking minority member as provided in one until the number of Members of the spe- nished prior to such a meeting. this paragraph the subpoena may be author- cial committee consists of nine Senators. 3. Presiding Officer. The Chairman shall preside when present. If the Chairman is not ized by vote of the members of the com- 2. For the purposes of paragraph I of rule present at any meeting, the Ranking Major- mittee. When the committee or Chairman XXV; paragraphs 1, 7(a)(1)–(2), 9, and 10(a) of ity Member present shall preside. authorizes subpoenas, subpoenas may be rule XXVI; and paragraphs 1(a)–(d), and 2(a) and (d) of rule XXVII of the Standing Rules II. Convening of Hearings issued upon the signature of the Chairman or 1. Notice. The Committee shall make pub- any other member of the committee des- of the Senate; and the purposes of section 202(I) and (j) of the Legislative Reorganiza- lic announcement of the date, place and sub- ignated by the Chairman. ject matter of any hearing at least one week 8.3 Notice for Taking Depositions.—Notices tion Act of 1946, the special committee shall be treated as a standing committee of the before its commencement. A hearing may be for the taking of depositions, in an investiga- called on not less than 24 hours notice if the tion authorized by the committee, shall be Senate. B.1. It shall be the duty of the special com- Chairman, with the concurrence of the authorized and be issued by the Chairman or mittee to conduct a continuing study of any Ranking Minority Member, determines that by a staff officer designated by him. Such no- and all matters pertaining to problems and there is good cause to begin the hearing on tices shall specify a time and place for exam- opportunities of older people, including, but shortened notice. ination, and the name of the Senator, staff not limited to, problems and opportunities of 2. Presiding Officer. The Chairman shall officer or officers who will take the deposi- maintaining health, of assuring adequate in- preside over the conduct of a hearing when tion. Unless otherwise specified, the deposi- present, or, whether present or not, may del- come, of finding employment, of engaging in tion shall be in private. The committee shall egate authority to preside to any Member of productive and rewarding activity, of secur- not initiate procedures leading to criminal the Committee. ing proper housing, and when necessary, of or civil enforcement proceedings for a wit- 3. Witnesses. Witnesses called before the obtaining care or assistance. No proposed ness’ failure to appear unless the deposition Committee shall be given, absent extraor- legislation shall be referred to such com- notice was accompanied by a committee sub- dinary circumstances, at least 48 hours no- mittee, and such committee shall not have poena. tice, and all witnesses called shall be fur- power to report by bill, or otherwise have 8.4 Procedure for Taking Depositions.— nished with a copy of these rules upon re- legislative jurisdiction. Witnesses shall be examined upon oath ad- quest. 2. The special committee shall, from time ministered by an individual authorized by 4. Oath. All witnesses who testify to mat- to time (but not less than once year), report local law to administer oaths. The Chairman ters of fact shall be sworn unless the Com- to the Senate the results of the study con- will rule, by telephone or otherwise, on any mittee waives the oath. The Chairman, or ducted pursuant to paragraph (1), together objection by a witness. The transcript of a any Member, may request and administer with such recommendation as it considers deposition shall be filed with the committee the oath. appropriate. clerk. 5. Testimony. At least 48 hours in advance C.1. For the purposes of this section, the of a hearing, each witness who is to appear RULE 9—AMENDING THE RULES special committee is authorized, in its dis- before the Committee shall submit his or her These rules shall become effective upon cretion, (A) to make investigations into any testimony by way of electronic mail, in a publication in the Congressional Record. matter within its jurisdiction, (B) to make format determined by the Committee and These rules may be modified, amended, or re- expenditures from the contingent fund of the sent to an electronic mail address specified pealed by the committee, provided that all Senate, (C) to employ personnel, (D) to hold by the Committee, unless the Chairman and members are present or provide proxies or if hearings, (E) to sit and act at any time or Ranking Minority Member determine that a notice in writing of the proposed changes place during the sessions, recesses, and ad- there is good cause for a witness’s failure to has been given to each member at least 48 journed periods of the Senate, (F) to require, do so. A witness shall be allowed no more hours prior to the meeting at which action by subpoena or otherwise, the attendance of than five minutes to orally summarize his or thereon is to be taken. The changes shall be- witnesses and the production of correspond- her prepared statement. Officials of the fed- come effective immediately upon publication ence books, papers, and documents, (G) to eral government shall file 40 copies of such of the changed rule or rules in the Congres- take depositions and other testimony, (H) to statement with the clerk of the Committee sional Record, or immediately upon approval procure the serve of individual consultants 48 hours in advance of their appearance, un- of the changes if so resolved by the com- or organizations thereof (as authorized by less the Chairman and the Ranking Minority mittee as long as any witnesses who may be section 202(I) of the Legislative Reorganiza- Member determine there is good cause for affected by the change in rules are provided tion Act of 1946, as amended) and (I) with the noncompliance. with them. prior consent of the Government department 6. Counsel. A witness’s counsel shall be or agency concerned and the Committee on permitted to be present during his testimony f Rules and Administration, to use on a reim- at any public or closed hearing or deposi- SPECIAL COMMITTEE ON AGING bursable basis the services of personnel of tions or staff interview to advise such wit- any such department or agency. ness of his or her rights, provided, however, 2. The chairman of the special committee that in the case of any witness who is an offi- RULES OF PROCEDURE or any Member thereof may administer cer or employee of the government, or of a oaths to witnesses. corporation or association, the Chairman Ms. COLLINS. Mr. President, I ask 3. Subpoenas authorized by the special may rule that representation by counsel unanimous consent that the Special committee may be issued over the signature from the government, corporation, or asso- Committee on Aging, having adopted of the chairman, or any Member of the spe- ciation creates a conflict of interest, and rules governing its procedures for the cial committee designated by the chairman, that the witness shall be represented by per- 115th Congress, have a copy of their and may be served by any person designated sonal counsel not from the government, cor- by the chairman or the Member signing the rules printed in the RECORD, pursuant poration, or association. subpoena. to rule XXVI, paragraph 2, of the 7. Transcript. An accurate electronic or D. All records and papers of the temporary stenographic record shall be kept of the tes- Standing Rules of the Senate. Special Committee on Aging established by timony of all witnesses in closed sessions There being no objection, the mate- Senate Resolution 33, Eighty-seventh Con- and public hearings. Any witness shall be af- rial was ordered to be printed in the gress, are transferred to the special com- forded, upon request, the right to review RECORD, as follows: mittee. that portion of such record, and for this pur- SPECIAL COMMITTEE ON AGING RULES OF PROCEDURE pose, a copy of a witness’s testimony in pub- I. Convening of Meetings lic or closed session shall be provided to the COMMITTEE RULES 115TH CONGRESS 1. Meetings. The Committee shall meet to witness. Upon inspecting his or her tran- JURISDICTION AND AUTHORITY conduct Committee business at the call of script, within a time limit set by the com- A.1. There is established a Special Com- the Chairman. The Members of the Com- mittee clerk, a witness may request changes mittee on Aging (hereafter in this section re- mittee may call additional meetings as pro- in testimony to correct errors of tran- ferred to as the ‘‘special committee’’) which vided in Senate Rule XXVI(3). scription, grammatical errors, and obvious

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.044 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S577 errors of fact. The Chairman or a staff officer mittee business, other than a final vote on evance or privilege, the Committee staff may designated by him shall rule on such request. reporting, providing a minority Member is proceed with the deposition, or may at that 8. Impugned Persons. Any person who be- present. time or at a subsequent time, seek a ruling lieves that evidence presented, or comment 3. Hearings. One Member shall constitute a by telephone or otherwise on the objection made by a Member or staff, at a public hear- quorum for the receipt of evidence, the from a Member of the Committee. If the ing or at a closed hearing concerning which swearing of witnesses, and the taking of tes- Member overrules the objection, he or she there have been public reports, tends to im- timony at hearings. may refer the matter to the Committee or pugn his or her character or adversely affect 4. Polling: the Member may order and direct the wit- his or her reputation may: (a) Subjects. The Committee may poll (1) ness to answer the question, but the Com- (a) file a sworn statement of facts relevant internal Committee matters including those mittee shall not initiate the procedures lead- to the evidence or comment, which shall be concerning the Committee’s staff, records, ing to civil or criminal enforcement unless placed in the hearing record; and and budget; (2) Committee rules changes and the witness refuses to testify after he or she (b) request the opportunity to appear per- (3) other Committee business which has been has been ordered and directed to answer by a sonally before the Committee to testify in designated for polling at a meeting. Member of the Committee. his or her own behalf. (b) Procedure. The Chairman shall cir- 4. Filing. The Committee staff shall see 9. Minority Witnesses. Whenever any hear- culate polling sheets to each Member speci- that the testimony is transcribed or elec- ing is conducted by the Committee, the fying the matter being polled and the time tronically recorded. Ranking Member shall be entitled to call at limit for completion of the poll. If any Mem- 5. Commissions. The Committee may au- least one witness to testify or produce docu- ber so requests in advance of the meeting, thorize the staff, by issuance of commis- ments with respect to the measure or matter the matter shall be held for meeting rather sions, to fill in prepared subpoenas, conduct under consideration at the hearing. Such re- than being polled. The clerk shall keep a field hearings, inspect locations, facilities, quest must be made before the completion of record of polls. If the Chairman determines or systems of records, or otherwise act on be- the hearing or, if subpoenas are required to that the polled matter is one of the areas half of the Committee. Commissions shall be call the minority witnesses, no later than enumerated in Rule III(1), the record of the accompanied by instructions from the Com- three days before the hearing. poll shall be confidential. Any Member may mittee regulating their use. 10. Conduct of Witnesses, Counsel and request a Committee meeting following a VIII. Subcommittees Members of the Audience. If, during public or poll for a vote on the polled decision. 1. Establishment. The Committee will op- executive sessions, a witness, his or her VI. Investigations erate as a Committee of the Whole, reserving counsel, or any spectator conducts him or 1. Authorization for Investigations. All in- to itself the right to establish temporary herself in such a manner as to prevent, im- vestigations shall be conducted on a bipar- subcommittees at any time by majority pede, disrupt, obstruct, or interfere with the tisan basis by Committee staff. Committee vote. The Chairman of the full Committee orderly administration of such hearing the investigations may be initiated by the Com- and the Ranking Minority Member shall be Chairman or presiding Member of the Com- mittee staff upon the approval of the Chair- ex officio Members of all subcommittees. mittee present during such hearing may re- man and the Ranking Minority Member. 2. Jurisdiction. Within its jurisdiction as quest the Sergeant at Arms of the Senate, Staff shall keep the Committee fully in- described in the Standing Rules of the Sen- his representative or any law enforcement formed of the progress of continuing Com- ate, each subcommittee is authorized to con- official to eject said person from the hearing mittee investigations, except where the duct investigations, including use of sub- room. Chairman and the Ranking Minority Member poenas, depositions, and commissions. III. Closed Sessions and Confidential Mate- agree that there exists temporary cause for 3. Rules. A subcommittee shall be governed rials more limited knowledge. by the Committee rules, except that its 2. Subpoenas. The Chairman and Ranking 1. Procedure. All meetings and hearings quorum for all business shall be one-third of Minority Member, acting together, shall au- shall be open to the public unless closed. To the subcommittee Membership, and for hear- thorize a subpoena. Subpoenas for the at- close a meeting or hearing or portion there- ings shall be one Member. tendance of witnesses or the production of of, a motion shall be made and seconded to IX. Reports memoranda, documents, records, or any go into closed discussion of whether the Committee reports incorporating Com- other materials shall be issued by the Chair- meeting or hearing will concern Committee mittee findings and recommendations shall man, or by any other Member of the Com- investigations or matters enumerated in be printed only with the prior approval of a mittee designated by him. Prior to the Senate Rule XXVI(5)(b). Immediately after majority of the Committee, after an ade- issuance of each subpoena, the Ranking Mi- such discussion, the meeting or hearing or quate period for review and comment. The nority Member, and any other Member so re- portion thereof may be closed by a vote in printing, as Committee documents, of mate- questing, shall be notified regarding the open session of a majority of the Members of rials prepared by staff for informational pur- identity of the person to whom the subpoena the Committee present. poses, or the printing of materials not origi- will be issued and the nature of the informa- 2. Witness Request. Any witness called for nating with the Committee or staff, shall re- tion sought, and its relationship to the in- a hearing may submit a written or an elec- quire prior consultation with the minority vestigation. tronic request to the Chairman no later than staff; these publications shall have the fol- 3. Committee Investigative Reports. All re- twenty-four hours in advance for his or her lowing language printed on the cover of the ports containing Committee findings or rec- examination to be in closed or open session. document: ‘‘Note: This document has been ommendations stemming from Committee The Chairman shall inform the Committee of printed for informational purposes. It does investigations shall be printed only with the any such request. not represent either findings or rec- 3. Confidential Matter. No record made of a approval of a majority of the Members of the ommendations formally adopted by the Com- closed session, or material declared confiden- Committee. mittee.’’ tial by a majority of the Committee, or re- VII. Depositions and Commissions X. Amendment of Rules port of the proceedings of a closed session, 1. Notice. Notices for the taking of deposi- The rules of the Committee may be amend- shall be made public, in whole or in part or tions in an investigation authorized by the ed or revised at any time, provided that not by way of summary, unless specifically au- Committee shall be authorized and issued by less than a majority of the Committee thorized by the Chairman and Ranking Mi- the Chairman or by a staff officer designated present so determine at a Committee meet- nority Member. by him. Such notices shall specify a time and ing preceded by at least 3 days notice of the IV. Broadcasting place for examination, and the name of the amendments or revisions proposed or via 1. Control. Any meeting or hearing open to staff officer or officers who will take the dep- polling, subject to Rule V (4). the public may be covered by television, osition. Unless otherwise specified, the depo- radio, or still photography. Such coverage sition shall be in private. The Committee f must be conducted in an orderly and unob- shall not initiate procedures leading to trusive manner, and the Chairman may for criminal or civil enforcement proceedings for COMMITTEE ON ENERGY AND good cause terminate such coverage in whole a witness’s failure to appear unless the depo- NATURAL RESOURCES or in part, or take such other action to con- sition notice was accompanied by a Com- trol it as the circumstances may warrant. mittee subpoena. 2. Request. A witness may request of the 2. Counsel. Witnesses may be accompanied SUBCOMMITTEE MEMBERSHIP Chairman, on grounds of distraction, harass- at a deposition by counsel to advise them of ment, personal safety, or physical discom- their rights, subject to the provisions of Rule Ms. MURKOWSKI. Mr. President, I fort, that during his or her testimony cam- II(6). ask unanimous consent that the Com- eras, media microphones, and lights shall 3. Procedure. Witnesses shall be examined mittee on Energy and Natural Re- not be directed at him or her. upon oath administered by an individual au- sources’ subcommittee assignments for V. Quorums and Voting thorized by local law to administer oaths. the 115th Congress be printed in the 1. Reporting. A majority shall constitute a Questions shall be propounded orally by quorum for reporting a resolution, rec- Committee staff. Objections by the witnesses RECORD. ommendation or report to the Senate. as to the form of questions shall be noted by There being no objection, the mate- 2. Committee Business. A third shall con- the record. If a witness objects to a question rial was ordered to be printed in the stitute a quorum for the conduct of Com- and refuses to testify on the basis of rel- RECORD, as follows:

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.046 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S578 CONGRESSIONAL RECORD — SENATE February 1, 2017 COMMITTEE ON ENERGY AND NATURAL for the purpose of transacting business. Any cause for failure to so file, and to limit their RESOURCES quorum of the committee which is composed oral presentation to brief summaries of their 115TH CONGRESS SUBCOMMITTEE ASSIGNMENTS of less than a majority of the members of the arguments. Testimony may be filed elec- committee shall include at least one member tronically. The presiding officer at any hear- ENERGY of the majority and one member of the mi- ing is authorized to limit the time of each Cory Gardner, Chairman nority. witness appearing before the committee or a James E. Risch; Jeff Flake; Steve Daines; (b) A majority of the members of a sub- subcommittee. The committee or a sub- Jeff Sessions; Lamar Alexander; John committee, actually present, shall con- committee shall, as far as practicable, uti- Hoeven; Bill Cassidy; Rob Portman; Joe stitute a quorum for the purpose of lize testimony previously taken on bills and Manchin III, Ranking; Ron Wyden; Bernard transacting business: provided, no measure measures similar to those before it for con- Sanders; Al Franken; Martin Heinrich; or matter shall be ordered reported unless sideration. Angus King; Tammy Duckworth; Catherine such majority shall include at least one Rule 10.—Should a subcommittee fail to re- Cortez Masto. member of the minority who is a member of port back to the full committee on any measure within a reasonable time, the chair- PUBLIC LANDS, FORESTS, AND MINING the subcommittee. If, at any subcommittee meeting, a measure or matter cannot be or- man may withdraw the measure from such Mike Lee, Chairman dered reported because of the absence of such subcommittee and report that fact to the John Barrasso; James E. Risch; Jeff Flake; a minority member, the measure or matter full committee for further disposition. Steve Daines; Cory Gardner; Jeff Sessions; shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a Lamar Alexander; John Hoeven; Bill Cassidy; member of the minority is not then ob- meeting or hearing at a time designated for Ron Wyden, Ranking; Debbie Stabenow; Al tained, a majority of the members of the a hearing or meeting of the full committee. Franken; Joe Manchin III; Martin Heinrich; subcommittee, actually present, may order No more than one subcommittee executive Mazie Hirono; Catherine Cortez Masto. such measure or matter reported. meeting may be held at the same time. NATIONAL PARKS (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- man in accordance with section 133(c) of the Steve Daines, Chairman reported from the committee or a sub- committee unless a majority of the com- Legislative Reorganization Act of 1946, as John Barrasso; Mike Lee; Cory Gardner; mittee or subcommittee is physically amended, to report or cause to be reported to Lamar Alexander; John Hoeven; Rob present. the Senate, any measure or recommendation Portman; Mazie Hirono, Ranking; Bernard Rule 5.—With the approval of the chairman approved by the committee and to take or Sanders; Debbie Stabenow; Martin Heinrich; of the committee or subcommittee, one cause to be taken, necessary steps to bring Angus King; Tammy Duckworth. member thereof may conduct public hearings the matter to a vote in the Senate. WATER AND POWER other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- mittee or subcommittee is closed pursuant Jeff Flake, Chairman Rule 6.—Proxy voting shall be allowed on all measures and matters before the com- to the provisions of subsection (b) or (d) of John Barrasso; James E. Risch; Mike Lee; mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, Jeff Sessions; Bill Cassidy; Rob Portman; member has been informed of the matter on no person other than members of the com- Angus King, Ranking; Ron Wyden; Bernard which he is being recorded and has affirma- mittee, members of the staff of the com- Sanders; Al Franken; Joe Manchin III; tively requested that he be so recorded. mittee, and designated assistants to mem- Tammy Duckworth. While proxies may be voted on a motion to bers of the committee shall be permitted to Lisa Murkowski and Maria Cantwell are ex report a measure or matter from the com- attend such closed session, except by special officio members of all Subcommittees. mittee, such a motion shall also require the dispensation of the committee or sub- f concurrence of a majority of the members committee or the chairman thereof. who are actually present at the time such Rule 14.—The chairman of the committee COMMITTEE ON HEALTH, EDU- action is taken. or a subcommittee shall be empowered to ad- CATION, LABOR, AND PENSIONS The committee may poll any matters of journ any meeting of the committee or a committee business as a matter of unani- subcommittee if a quorum is not present mous consent; provided that every member within fifteen minutes of the time schedule RULES OF PROCEDURE is polled and every poll consists of the fol- for such meeting. lowing two questions: Rule 15.—Whenever a bill or joint resolu- Mr. ALEXANDER. Mr. President, I (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- ask unanimous consent to have the posal; and committee for final consideration, the clerk committee rules for the Health, Edu- (2) Do you favor or oppose the proposal. shall distribute to each member of the com- cation, Labor, and Pensions Committee Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- complete transcript or electronic recording pared by the sponsor of the bill or joint reso- printed in the RECORD. adequate to fully record the proceedings of lution. If the bill or joint resolution has no There being no objection, the mate- each committee or subcommittee meeting or underlying statutory language, the docu- rial was ordered to be printed in the conference whether or not such meetings or ment shall consist of a detailed summary of RECORD, as follows: any part thereof is closed pursuant to the the purpose and impact of each section. If SENATE COMMITTEE ON HEALTH, specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends EDUCATION, LABOR, AND PENSIONS of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document shall consist of a detailed summary of the LAMAR ALEXANDER, Chairman ate, unless a majority of said members vote to forgo such a record. Such records shall underlying statute and the proposed changes RULES OF PROCEDURE (AS AGREED TO JANUARY, contain the vote cast by each member of the in each section of the underlying law and ei- 2017) committee or subcommittee on any question ther a print of the statute or the part or sec- Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any ing by stricken-through type, the part or the Senate, regular meetings of the com- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- room SD–430, Dirksen Senate Office Build- rangements to implement this rule. side document showing a comparison of cur- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- rent law, the proposed legislative changes, call such additional meetings as he may committee shall undertake, consistent with and a detailed description of the proposed deem necessary. the provisions of rule XXVI, paragraph 4, of changes. Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall of a subcommittee, or if the chairman is not public announcement of any hearing or exec- be given the minority to examine the pro- present, the ranking majority member utive session it intends to hold at least one posed text of committee reports prior to present, shall preside at all meetings. The week prior to the commencement of such their filing or publication. In the event there chairman may designate the ranking minor- hearing or executive session. In the case of are supplemental, minority, or additional ity member to preside at hearings of the an executive session, the text of any bill or views, an appropriate opportunity shall be committee or subcommittee. joint resolution to be considered must be given the majority to examine the proposed Rule 3.—Meetings of the committee or a provided to the chairman for prompt elec- text prior to filing or publication. Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.045 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S579 Rule 17.—(a) The committee, or any sub- evant to the nature of the position. Informa- received in advance of a hearing, the com- committee, may issue subpoenas, or hold tion relating to other background and finan- mittee or subcommittee (as appropriate) hearings to take sworn testimony or hear cial interests (part II) shall not be required should distribute copies of such statements subpoenaed witnesses, only if such investiga- of any nominee when the committee deter- to each of its members. Witness testimony tive activity has been authorized by major- mines that it is not relevant to the nature of may be submitted and distributed electroni- ity vote of the committee. the position. cally. (b) For the purpose of holding a hearing to Committee action on a nomination, includ- EXECUTIVE SESSIONS FOR THE PURPOSE OF take sworn testimony or hear subpoenaed ing hearings or meetings to consider a mo- MARKING UP BILLS witnesses, three members of the committee tion to recommend confirmation, shall not In order to expedite the process of marking or subcommittee shall constitute a quorum: be initiated until at least five days after the up bills and to assist each member of the provided, with the concurrence of the chair- nominee submits the form required by this committee so that there may be full and fair man and ranking minority member of the rule unless the chairman, with the concur- consideration of each bill which the com- committee or subcommittee, a single mem- rence of the ranking minority member, mittee or a subcommittee is marking up the ber may hear subpoenaed witnesses or take waives this waiting period. following procedures should be followed: sworn testimony. Rule 19.—Subject to statutory require- 1. Seven days prior to the proposed date for (c) The committee may, by a majority ments imposed on the committee with re- an executive session for the purpose of mark- vote, delegate the authority to issue sub- spect to procedure, the rules of the com- ing up bills the committee or subcommittee poenas to the chairman of the committee or mittee may be changed, modified, amended (as appropriate) should provide written no- a subcommittee, or to any member des- or suspended at any time; provided, not less tice to each of its members as to the time, ignated by such chairman. Prior to the than a majority of the entire membership so place, and specific subject matter of such issuance of each subpoena, the ranking mi- determine at a regular meeting with due no- session, including an agenda listing each bill nority member of the committee or sub- tice, or at a meeting specifically called for or other matters to be considered and includ- committee, and any other member so re- that purpose. ing: questing, shall be notified regarding the Rule 20.—When the ratio of members on the (a) a copy of each bill, joint resolution, or identity of the person to whom it will be committee is even, the term ‘‘majority’’ as other legislative matter (or committee print issued and the nature of the information used in the committee’s rules and guidelines thereof) to be considered at such executive sought and its relationship to the authorized shall refer to the party of the chairman for session; and investigative activity, except where the purposes of party identification. Numerical (b) a copy of a summary of the provisions chairman of the committee or sub- requirements for quorums, votes and the like of each bill, joint resolution, or other legis- committee, in consultation with the ranking shall be unaffected. lative matter to be considered at such execu- minority member, determines that such no- Rule 21.—First degree amendments must be tive session including, whenever possible, an tice would unduly impede the investigation. filed with the chairman at least 24 hours be- explanation of changes to existing law pro- All information obtained pursuant to such fore an executive session. The chairman posed to be made. investigative activity shall be made avail- shall promptly distribute all filed amend- 2. Insofar as practical, prior to the sched- able as promptly as possible to each member ments electronically to the members of the uled date for an executive session for the of the committee requesting same, or to any committee. The chairman may modify the purpose of marking up bills, the committee assistant to a member of the committee des- filing requirements to meet special cir- or a subcommittee (as appropriate) should ignated by such member in writing, but the cumstances with the concurrence of the provide each member with a copy of the use of any such information is subject to re- ranking minority member. printed record or a summary of any hearings strictions imposed by the rules of the Sen- Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- ate. Such information, to the extent that it proceedings of the committee shall be gov- committee with respect to each bill, joint is relevant to the investigation shall, if re- erned by the Standing Rules of the Senate resolution, or other legislative matter to be quested by a member, be summarized in and the provisions of the Legislative Reorga- considered at such executive session. writing as soon as practicable. Upon the re- nization Act of 1946, as amended. f quest of any member, the chairman of the ***** committee or subcommittee shall call an ex- GUIDELINES OF THE SENATE COMMITTEE ON COMMITTEE ON HEALTH, EDU- ecutive session to discuss such investigative HEALTH, EDUCATION, LABOR, AND PENSIONS CATION, LABOR, AND PENSIONS activity or the issuance of any subpoena in WITH RESPECT TO HEARINGS, MARKUP SES- connection therewith. SIONS, AND RELATED MATTERS (d) Any witness summoned to testify at a SUBCOMMITTEE MEMBERSHIP hearing, or any witness giving sworn testi- HEARINGS mony, may be accompanied by counsel of his Section 133A(a) of the Legislative Reorga- Mr. ALEXANDER. Mr. President, I own choosing who shall be permitted, while nization Act requires each committee of the ask unanimous consent to have the the witness is testifying, to advise him of his Senate to publicly announce the date, place, subcommittee assignments for the legal rights. and subject matter of any hearing at least Health, Education, Labor, and Pen- one week prior to the commencement of such (e) No confidential testimony taken or con- sions Committee printed in the fidential material presented in an executive hearing. hearing, or any report of the proceedings of The spirit of this requirement is to assure RECORD. such an executive hearing, shall be made adequate notice to the public and other There being no objection, the mate- public, either in whole or in part or by way Members of the Senate as to the time and rial was ordered to be printed in the of summary, unless authorized by a majority subject matter of proposed hearings. In the RECORD, as follows: of the members of the committee or sub- spirit of section 133A(a) and in order to as- SUBCOMMITTEES OF THE COMMITTEE ON committee. sure that members of the committee are HEALTH, EDUCATION, LABOR, AND PENSIONS Rule 18.—Presidential nominees shall sub- themselves fully informed and involved in CHILDREN AND FAMILIES mit a statement of their background and fi- the development of hearings: Mr. Paul, Kentucky, Chairman nancial interests, including the financial in- 1. Public notice of the date, place, and sub- terests of their spouse and children living in ject matter of each committee or sub- Mr. Casey, Pennsylvania, Ranking Member their household, on a form approved by the committee hearing should be inserted in the Ms. Murkowski, Alaska; Mr. Burr, North committee which shall be sworn to as to its Congressional Record seven days prior to the Carolina; Mr. Cassidy, Louisiana; Mr. Young, completeness and accuracy. The committee commencement of such hearing. Indiana; Mr. Hatch, Utah; Mr. Roberts, Kan- form shall be in two parts— 2. At least seven days prior to public notice sas; Mr. Alexander, Tennessee (Ex Officio); (I) information relating to employment, of each committee or subcommittee hearing, Mr. Sanders, Vermont; Mr. Franken, Min- education and background of the nominee re- the majority should provide notice to the nesota; Mr. Bennet, Colorado; Mr. Kaine, lating to the position to which the individual minority of the time, place and specific sub- Virginia; Ms. Hassan, New Hampshire; Mrs. is nominated, and which is to be made pub- ject matter of such hearing. Murray, Washington (Ex Officio). lic; and, 3. At least three days prior to the date of EMPLOYMENT AND WORKPLACE SAFETY (II) information relating to financial and such hearing, the committee or sub- Mr. Isakson, Georgia, Chairman other background of the nominee, to be made committee should provide to each member a public when the committee determines that list of witnesses who have been or are pro- Mr. Franken, Minnesota, Ranking Member such information bears directly on the nomi- posed to be invited to appear. Mr. Roberts, Kansas; Mr. Scott, South nee’s qualifications to hold the position to 4. The committee and its subcommittee Carolina; Mr. Burr, North Carolina; Mr. which the individual is nominated. should, to the maximum feasible extent, en- Paul, Kentucky; Mr. Cassidy, Louisiana; Mr. Information relating to background and fi- force the provisions of rule 9 of the com- Young, Indiana; Mr. Alexander, Tennessee nancial interests (parts I and II) shall not be mittee rules as it relates to the submission (Ex Officio); Mr. Casey, Pennsylvania; Mr. required of nominees for less than full-time of written statements of witnesses twenty- Whitehouse, Rhode Island; Ms. Baldwin, Wis- appointments to councils, commissions or four hours in advance of a hearing. Witnesses consin; Mr. Murphy, Connecticut; Ms. War- boards when the committee determines that will be urged to submit testimony even ear- ren, Massachusetts; Mrs. Murray, Wash- some or all of the information is not rel- lier whenever possible. When statements are ington (Ex Officio).

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PRIMARY HEALTH AND RETIREMENT SECURITY 17. Treaties and executive agreements, ex- Relations for the transaction of committee Mr. Enzi, Wyoming, Chairman cept reciprocal trade agreements. business shall be on Tuesday of each week, 18. United Nations and its affiliated organi- unless otherwise directed by the chairman. Mr. Sanders, Vermont, Ranking Member zations. (b) Additional Meetings and Hearings.—Addi- Mr. Burr, North Carolina; Ms. Collins, 19. World Bank group, the regional devel- tional meetings and hearings of the com- Maine; Mr. Cassidy, Louisiana; Mr. Young, opment banks, and other international orga- mittee may be called by the chairman as he Indiana; Mr. Hatch, Utah; Mr. Roberts, Kan- nizations established primarily for develop- may deem necessary. If at least three mem- sas; Mr. Scott, South Carolina; Ms. Mur- ment assistance purposes. bers of the committee desire that a special kowski, Alaska; Mr. Alexander, Tennessee The committee is also mandated by Senate meeting of the committee be called by the (Ex Officio); Mr. Bennet, Colorado; Mr. Rule XXV.1(j)(2) to study and review, on a chairman, those members may file in the of- Whitehouse, Rhode Island; Ms. Baldwin, Wis- comprehensive basis, matters relating to the fices of the committee their written request consin; Mr. Murphy, Connecticut; Ms. War- national security policy, foreign policy, and to the chairman for that special meeting. ren, Massachusetts; Mr. Kaine, Virginia; Ms. international economic policy as it relates Immediately upon filing of the request, the Hassan, New Hampshire; Mrs. Murray, Wash- to foreign policy of the United States, and chief clerk of the committee shall notify the ington (Ex Officio). matters relating to food, hunger, and nutri- chairman of the filing of the request. If, tion in foreign countries, and report thereon within three calendar days after the filing of f from time to time. the request, the chairman does not call the (b) Oversight.—The committee also has a requested special meeting, to be held within COMMITTEE ON FOREIGN responsibility under Senate Rule RELATIONS seven calendar days after the filing of the re- XXVI.8(a)(2), which provides that ‘‘. . . each quest, a majority of the members of the com- standing committee . . . shall review and mittee may file in the offices of the com- study, on a continuing basis, the application, mittee their written notice that a special administration, and execution of those laws RULES OF PROCEDURE meeting of the committee will be held, speci- or parts of laws, the subject matter of which fying the date and hour of that special meet- Mr. CORKER. Mr. President, the is within the jurisdiction of the committee.’’ Committee on Foreign Relations has (c) ‘‘Advice and Consent’’ Clauses.—The ing. The committee shall meet on that date and hour. Immediately upon the filing of the adopted rules governing its procedures committee has a special responsibility to as- sist the Senate in its constitutional function notice, the clerk shall notify all members of for the 115th Congress. Pursuant to the committee that such special meeting rule XXVI, paragraph 2, of the Stand- of providing ‘‘advice and consent’’ to all treaties entered into by the United States will be held and inform them of its date and ing Rules of the Senate, on behalf of and all nominations to the principal execu- hour. (c) —To en- myself and Senator CARDIN, I ask unan- tive branch positions in the field of foreign Hearings, Selection of Witnesses. imous consent that a copy of the com- policy and diplomacy. sure that the issue which is the subject of the hearing is presented as fully and fairly as mittee rules be printed in the RECORD. RULE 2—SUBCOMMITTEES possible, whenever a hearing is conducted by There being no objection, the mate- (a) Creation.—Unless otherwise authorized the committee or a subcommittee upon any rial was ordered to be printed in the by law or Senate resolution, subcommittees measure or matter, the ranking member of RECORD, as follows: shall be created by majority vote of the com- the committee or subcommittee may select mittee and shall deal with such legislation RULES OF THE COMMITTEE ON FOREIGN and call an equal number of non-govern- and oversight of programs and policies as the RELATIONS mental witnesses to testify at that hearing. committee directs. Legislative measures or (d) Public Announcement.—The committee, (Adopted January 31, 2017) other matters may be referred to a sub- or any subcommittee thereof, shall make RULE 1—JURISDICTION committee for consideration in the discre- public announcement of the date, place, (a) Substantive.—In accordance with Senate tion of the chairman or by vote of a majority time, and subject matter of any meeting or Rule XXV.1(j)(1), the jurisdiction of the com- of the committee. If the principal subject hearing to be conducted on any measure or mittee shall extend to all proposed legisla- matter of a measure or matter to be referred matter at least seven calendar days in ad- tion, messages, petitions, memorials, and falls within the jurisdiction of more than one vance of such meetings or hearings, unless other matters relating to the following sub- subcommittee, the chairman or the com- the chairman of the committee, or sub- jects: mittee may refer the matter to two or more committee, in consultation with the ranking 1. Acquisition of land and buildings for em- subcommittees for joint consideration. member, determines that there is good cause (b) Assignments.—Assignments of members bassies and legations in foreign countries. to begin such meeting or hearing at an ear- to subcommittees shall be made in an equi- 2. Boundaries of the United States. lier date. table fashion. No member of the committee 3. Diplomatic service. (e) Procedure.—Insofar as possible, pro- may receive assignment to a second sub- 4. Foreign economic, military, technical, ceedings of the committee will be conducted committee until, in order of seniority, all without resort to the formalities of par- and humanitarian assistance. members of the committee have chosen as- 5. Foreign loans. liamentary procedure and with due regard signments to one subcommittee, and no for the views of all members. Issues of proce- 6. International activities of the American member shall receive assignments to a third National Red Cross and the International dure which may arise from time to time subcommittee until, in order of seniority, all shall be resolved by decision of the chair- Committee of the Red Cross. members have chosen assignments to two 7. International aspects of nuclear energy, man, in consultation with the ranking mem- subcommittees. ber. The chairman, in consultation with the including nuclear transfer policy. No member of the committee may serve on 8. International conferences and con- ranking member, may also propose special more than four subcommittees at any one procedures to govern the consideration of gresses. time. 9. International law as it relates to foreign particular matters by the committee. The chairman and ranking member of the (f) Closed Sessions.—Each meeting and hear- policy. committee shall be ex officio members, with- ing of the Committee on Foreign Relations, 10. International Monetary Fund and other out vote, of each subcommittee. or any subcommittee thereof shall be open to international organizations established pri- (c) Hearings.—Except when funds have been the public, except that a meeting or hearing marily for international monetary purposes specifically made available by the Senate for or series of meetings or hearings by the com- a subcommittee purpose, no subcommittee of (except that, at the request of the Com- mittee or a subcommittee on the same sub- the Committee on Foreign Relations shall mittee on Banking, Housing, and Urban Af- ject for a period of no more than 14 calendar hold hearings involving expenses without fairs, any proposed legislation relating to days may be closed to the public on a motion prior approval of the chairman of the full such subjects reported by the Committee on made and seconded to go into closed session committee or by decision of the full com- Foreign Relations shall be referred to the to discuss only whether the matters enumer- mittee. Hearings of subcommittees shall be Committee on Banking, Housing, and Urban ated in paragraphs (1) through (6) would re- scheduled after consultation with the chair- Affairs). quire the meeting or hearing to be closed fol- man of the committee with a view toward 11. Intervention abroad and declarations of lowed immediately by a record vote in open avoiding conflicts with hearings of other war. session by a majority of the members of the subcommittees insofar as possible. Hearings 12. Measures to foster commercial inter- committee or subcommittee when it is deter- of subcommittees shall not be scheduled to course with foreign nations and to safeguard mined that the matters to be discussed or American business interests abroad. conflict with meetings or hearings of the full the testimony to be taken at such meeting 13. National security and international as- committee. or hearing or series of meetings or hear- The proceedings of each subcommittee pects of trusteeships of the United States. ings— 14. Ocean and international environmental shall be governed by the rules of the full (1) will disclose matters necessary to be and scientific affairs as they relate to for- committee, subject to such authorizations or kept secret in the interests of national de- eign policy. limitations as the committee may from time fense or the confidential conduct of the for- 15. Protection of United States citizens to time prescribe. eign relations of the United States; abroad and expatriation. RULE 3—MEETINGS AND HEARINGS (2) will relate solely to matters of com- 16. Relations of the United States with for- (a) Regular Meeting Day.—The regular mittee staff personnel or internal staff man- eign nations generally. meeting day of the Committee on Foreign agement or procedure;

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No measure or (c) Depositions.—At the direction of the clearly unwarranted invasion of the privacy recommendation shall be ordered reported committee, staff is authorized to take depo- of an individual; from the committee unless a majority of the sitions from witnesses. (4) will disclose the identity of any in- committee members is physically present, RULE 8—REPORTS former or law enforcement agent or will dis- including at least one member from each (a) Filing.—When the committee has or- close any information relating to the inves- party, and a majority of those present con- dered a measure or recommendation re- tigation or prosecution of a criminal offense curs. ported, the report thereon shall be filed in that is required to be kept secret in the in- RULE 5—PROXIES the Senate at the earliest practicable time. terests of effective law enforcement; (b) Supplemental, Minority and Additional Proxies must be in writing with the signa- (5) will disclose information relating to the Views.—A member of the committee who ture of the absent member. Subject to the re- trade secrets or financial or commercial in- gives notice of his intentions to file supple- quirements of Rule 4 for the physical pres- formation pertaining specifically to a given mental, minority, or additional views at the ence of a quorum to report a matter, proxy person if— time of final committee approval of a meas- voting shall be allowed on all measures and (A) an Act of Congress requires the infor- ure or matter, shall be entitled to not less matters before the committee. However, mation to be kept confidential by govern- than 3 calendar days in which to file such proxies shall not be voted on a measure or ment officers and employees; or views, in writing (including by electronic matter except when the absent member has (B) the information has been obtained by mail), with the chief clerk of the committee, been informed of the matter on which he is the government on a confidential basis, with the 3 days to begin at 11:00 p.m. on the being recorded and has affirmatively re- other than through an application by such same day that the committee has ordered a quested that he or she be so recorded. person for a specific government financial or measure or matter reported. Such views other benefit, and is required to be kept se- RULE 6—WITNESSES shall then be included in the committee re- cret in order to prevent undue injury to the (a) General.—The Committee on Foreign port and printed in the same volume, as a competitive position of such person, or Relations will consider requests to testify on part thereof, and their inclusion shall be (6) may divulge matters required to be any matter or measure pending before the noted on the cover of the report. In the ab- kept confidential under other provisions of committee. sence of timely notice, the committee report law or government regulations. (b) Presentation.—If the chairman so deter- may be filed and printed immediately with- A closed meeting or hearing may be opened mines, the oral presentation of witnesses out such views. by a majority vote of the committee. shall be limited to 10 minutes. However, (c) Roll Call Votes.—The results of all roll (g) Staff Attendance.—A member of the written statements of reasonable length may call votes taken in any meeting of the com- committee may have one member of his or be submitted by witnesses and other inter- mittee on any measure, or amendment there- her personal staff, for whom that member as- ested persons who are unable to testify in to, shall be announced in the committee re- sumes personal responsibility, accompany person. port. The announcement shall include a tab- and be seated nearby at committee meetings (c) Filing of Statements.—A witness appear- ulation of the votes cast in favor and votes and hearings. The chairman or ranking ing before the committee, or any sub- cast in opposition to each such measure and member may authorize the attendance and committee thereof, shall submit an elec- amendment by each member of the com- seating of such a staff member at committee tronic copy of the written statement of his mittee. meetings and hearings where the member of proposed testimony at least 24 hours prior to RULE 9—TREATIES the committee is not present. his appearance, unless this requirement is (a) General.—The committee is the only Each member of the committee may des- waived by the chairman and the ranking committee of the Senate with jurisdiction to ignate members of his or her personal staff member following their determination that review and report to the Senate on treaties for whom that member assumes personal re- there is good cause for failure to file such a submitted by the President for Senate advice sponsibility, who holds, at a minimum, a top statement. and consent to ratification. Because the secret security clearance, for the purpose of (d) Expenses.—Only the chairman may au- House of Representatives has no role in the their eligibility to attend closed sessions of thorize expenditures of funds for the ex- approval of treaties, the committee is there- the committee, subject to the same condi- penses of witnesses appearing before the fore the only congressional committee with tions set forth for committee staff under committee or its subcommittees. responsibility for treaties. Rules 12, 13, and 14. (e) Requests.—Any witness called for a (b) Committee Proceedings.—Once submitted In addition, the majority leader and the hearing may submit a written request to the by the President for advice and consent, each minority leader of the Senate, if they are not chairman no later than 24 hours in advance treaty is referred to the committee and re- otherwise members of the committee, may for his testimony to be in closed or open ses- mains on its calendar from Congress to Con- designate one member of their staff for sion, or for any other unusual procedure. The gress until the committee takes action to re- whom that leader assumes personal responsi- chairman shall determine whether to grant port it to the Senate or recommend its re- bility and who holds, at a minimum, a top any such request and shall notify the com- turn to the President, or until the com- secret security clearance, to attend closed mittee members of the request and of his de- mittee is discharged of the treaty by the sessions of the committee, subject to the cision. Senate. (c) Floor Proceedings.—In accordance with same conditions set forth for committee RULE 7—SUBPOENAS staff under Rules 12, 13, and 14. Senate Rule XXX.2, treaties which have been (a) Authorization.—The chairman or any Staff of other Senators who are not mem- reported to the Senate but not acted on be- other member of the committee, when au- bers of the committee may not attend closed fore the end of a Congress ‘‘shall be resumed thorized by a majority vote of the committee sessions of the committee. at the commencement of the next Congress at a meeting or by proxies, shall have au- Attendance of committee staff at meetings as if no proceedings had previously been had thority to subpoena the attendance of wit- and hearings shall be limited to those des- thereon.’’ nesses or the production of memoranda, doc- (d) .—Insofar as possible, the com- ignated by the staff director or the minority Hearings uments, records, or any other materials. At mittee should conduct a public hearing on staff director. the request of any member of the committee, each treaty as soon as possible after its sub- The committee, by majority vote, or the the committee shall authorize the issuance mission by the President. Except in extraor- chairman, with the concurrence of the rank- of a subpoena only at a meeting of the com- dinary circumstances, treaties reported to ing member, may limit staff attendance at mittee. When the committee authorizes a the Senate shall be accompanied by a writ- specified meetings or hearings subpoena, it may be issued upon the signa- ten report. RULE 4—QUORUMS ture of the chairman or any other member RULE 10—NOMINATIONS (a) Testimony.—For the purpose of taking designated by the committee. (a) Waiting Requirement.—Unless otherwise sworn or sworn testimony at any duly sched- (b) Return.—A subpoena, or a request to an directed by the chairman and the ranking uled meeting a quorum of the committee and agency, for documents may be issued whose member, the Committee on Foreign Rela- each subcommittee thereof shall consist of return shall occur at a time and place other tions shall not consider any nomination one member of such committee or sub- than that of a scheduled committee meeting. until 5 business days after it has been for- committee. A return on such a subpoena or request mally submitted to the Senate. (b) Business.—A quorum for the transaction which is incomplete or accompanied by an (b) Public Consideration.—Nominees for any of committee or subcommittee business, objection constitutes good cause for a hear- post who are invited to appear before the other than for reporting a measure or rec- ing on shortened notice. Upon such a return, committee shall be heard in public session, ommendation to the Senate or the taking of the chairman or any other member des- unless a majority of the committee decrees testimony, shall consist of one-third of the ignated by him may convene a hearing by otherwise, consistent with Rule 3(f). members of the committee or subcommittee, giving 4 hours notice by telephone or elec- (c) Required Data.—No nomination shall be including at least one member from each tronic mail to all other members. One mem- reported to the Senate unless (1) the nomi- party. ber shall constitute a quorum for such a nee has been accorded a security clearance

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.052 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S582 CONGRESSIONAL RECORD — SENATE February 1, 2017 on the basis of a thorough investigation by main in the custody of the committee, unless (c) Declassification.— executive branch agencies; (2) the nominee a majority of the committee decides other- (1) All noncurrent records of the com- has filed a financial disclosure report and a wise. Transcripts of public hearings by the mittee are governed by Rule XI of the Stand- related ethics undertaking with the com- committee shall be published unless the ing Rules of the Senate and by S. Res. 474 mittee; (3) the committee has been assured chairman, with the concurrence of the rank- (96th Congress). Any classified transcripts or that the nominee does not have any interests ing member, determines otherwise. materials transferred to the National Ar- which could conflict with the interests of the The committee, through the chief clerk, chives and Records Administration under government in the exercise of the nominee’s shall also maintain at least one copy of all Rule XI may not be made available for pub- proposed responsibilities; (4) for persons materials provided to the committee by the lic use unless they have been subject to de- nominated to be chief of mission, ambas- Executive Branch; such copy shall remain in classification review in accordance with ap- sador-at-large, or minister, the committee the custody of the committee and be subject plicable laws or Executive orders. has received a complete list of any contribu- to the committee’s rules and procedures, in- (2) Any transcript or classified committee tions made by the nominee or members of cluding those rules and procedures applica- report, or any portion thereof, may be de- his immediate family to any Federal elec- ble to the handling of classified materials. classified, in accordance with applicable laws tion campaign during the year of his or her Such transcripts and materials shall be or Executive orders, sooner than the time pe- nomination and for the 4 preceding years; (5) made available to all members of the com- riod provided for under S. Res. 474 if: for persons nominated to be chiefs of mis- mittee, committee staff, and designated per- (A) the chairman originates such action, sion, the report required by Section 304(a)(4) sonal representatives of members of the with the concurrence of the ranking mem- of the Foreign Service Act of 1980 on the committee, except as otherwise provided in ber; demonstrated competence of that nominee these rules. (B) the other current members of the com- (b) Classified or Restricted Transcripts or Ma- to perform the duties of the position to mittee who participated in such meeting or terials.— which he or she has been nominated; and (6) report have been notified of the proposed de- (1) The chief clerk of the committee shall classification, and have not objected thereto, the nominee has provided the committee have responsibility for the maintenance and except that the committee by majority vote with a signed and notarized copy of the com- security of classified or restricted tran- may overrule any objections thereby raised mittee questionnaire for executive branch scripts or materials, and shall ensure that nominees. to early declassification; and such transcripts or materials are handled in (C) the executive departments that partici- RULE 11—TRAVEL a manner consistent with the requirements pated in the meeting or originated the classi- (a) Foreign Travel.—No member of the Com- of the United States Senate Security Man- fied information have been consulted regard- mittee on Foreign Relations or its staff shall ual. ing the declassification. travel abroad on committee business unless (2) A record shall be maintained of each specifically authorized by the chairman, who use of classified or restricted transcripts or RULE 13—CLASSIFIED INFORMATION is required by law to approve vouchers and materials as required by the Senate Security (a) General.—The handling of classified in- report expenditures of foreign currencies, Manual. formation in the Senate is governed by S. and the ranking member. Requests for au- (3) Classified transcripts or materials may Res. 243 (100th Congress), which established thorization of such travel shall state the not leave the committee offices, or SVC–217 the Office of Senate Security. All handling of purpose and, when completed, a full sub- of the Capitol Visitors Center, except for the classified information by the committee stantive and financial report shall be filed purpose of declassification or archiving, con- shall be consistent with the procedures set with the committee within 30 days. This re- sistent with these rules. forth in the United States Senate Security port shall be furnished to all members of the (4) Extreme care shall be exercised to avoid Manual issued by the Office of Senate Secu- committee and shall not be otherwise dis- taking notes or quotes from classified tran- rity. seminated without authorization of the scripts or materials. Their contents may not (b) Security Manager.—The chief clerk is chairman and the ranking member. Except be divulged to any unauthorized person. the security manager for the committee. The (5) Subject to any additional restrictions in extraordinary circumstances, staff travel chief clerk shall be responsible for imple- imposed by the chairman with the concur- shall not be approved unless the reporting menting the provisions of the Senate Secu- rence of the ranking member, only the fol- requirements have been fulfilled for all prior rity Manual and for serving as the com- lowing persons are authorized to have access trips. Except for travel that is strictly per- mittee liaison to the Office of Senate Secu- to classified or restricted transcripts or ma- sonal, travel funded by non-U.S. Government rity. The staff director, in consultation with terials: sources is subject to the same approval and the minority staff director, may appoint an (A) Members and staff of the committee in substantive reporting requirements as U.S. alternate security manager as circumstances the committee offices or in SVC–217 of the Government-funded travel. In addition, warrant. Capitol Visitors Center; members and staff are reminded to consult (c) Transportation of Classified Material.— (B) Designated personal representatives of Classified material may only be transported the Senate Code of Conduct, and, as appro- members of the committee, and of the ma- priate, the Senate Select Committee on Eth- between Senate offices by appropriately jority and minority leaders, with appropriate cleared staff members who have been specifi- ics, in the case of travel sponsored by non- security clearances, in the committee offices U.S. Government sources. cally authorized to do so by the security or in SVC–217 of the Capitol Visitors Center; manager. Any proposed travel by committee staff for (C) Senators not members of the com- (d) Access to Classified Material.—In general, a subcommittee purpose must be approved mittee, by permission of the chairman, in Senators and staff undertake to confine their by the subcommittee chairman and ranking the committee offices or in SVC–217 of the access to classified information on the basis member prior to submission of the request to Capitol Visitors Center; and of a ‘‘need to know’’ such information re- the chairman and ranking member of the full (D) Officials of the executive departments lated to their committee responsibilities. committee. involved in the meeting, hearing, or matter, (e) Staff Clearances.—The chairman, or, in (b) Domestic Travel.—All official travel in with authorization of the chairman, in the the case of minority stag the ranking mem- the United States by the committee staff committee offices or SVC–217 of the Capitol ber, shall designate the members of the com- shall be approved in advance by the staff di- Visitors Center. rector, or in the case of minority staff, by (6) Any restrictions imposed by the com- mittee staff whose assignments require ac- the minority staff director. mittee upon access to a meeting or hearing cess to classified and compartmented infor- (c) Personal Staff Travel.—As a general rule, of the committee shall also apply to the mation and shall seek to obtain the requisite no more than one member of the personal transcript of such meeting, except by special security clearances pursuant to Office of staff of a member of the committee may permission of the chairman and ranking Senate Security procedures. (f) PRM Clearances.—For the purposes of travel with that member with the approval member. of the chairman and the ranking member of (7) In addition to restrictions resulting this rule regarding security clearances and the committee. During such travel, the per- from the inclusion of any classified informa- access to compartmented information, the sonal staff member shall be considered to be tion in the transcript of a committee meet- officially-designated personal representative an employee of the committee. ing or hearing, members and staff shall not of the member (PRM) pursuant to rule 14(b), (d) PRM Travel.—For the purposes of this discuss with anyone the proceedings of the shall be deemed to have the same rights, du- rule regarding staff foreign travel, the offi- committee in closed session or reveal infor- ties, and responsibilities as members of the cially-designated personal representative of mation conveyed or discussed in such a ses- staff of the Committee on Foreign Relations. the member pursuant to rule 14(b), shall be sion unless that person would have been per- (g) Regulations.—The staff director is au- deemed to have the same rights, duties, and mitted to attend the session itself or is a thorized to make such administrative regu- responsibilities as members of the staff of member or staff of a relevant committee or lations as may be necessary to carry out the the Committee on Foreign Relations. executive branch agency and possess an ap- provisions of this rule. RULE 12—TRANSCRIPTS AND MATERIALS propriate security clearance, or unless such RULE 14—STAFF PROVIDED TO THE COMMITTEE communication is specifically authorized by (a) Responsibilities.— (a) General.—The Committee on Foreign the chairman, the ranking member, or in the (1) The staff works for the committee as a Relations shall keep verbatim transcripts of case of staff, by the staff director or minor- whole, under the general supervision of the all committee and subcommittee meetings ity staff director. A record shall be kept of chairman of the committee, and the imme- and hearings and such transcripts shall re- all such authorizations. diate direction of the staff director, except

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that such part of the staff as is designated (2) The staff shall not discuss their private HEARING PROCEDURE minority staff shall be under the general su- conversations with members of the com- Rule 4(a). Public notice, including notice pervision of the ranking member and under mittee without specific advance permission to Members of the Committee, shall be given the immediate direction of the minority from the Senator or Senators concerned. of the date, place and subject matter of any staff director. (3) The staff shall not discuss with anyone heating to be held by the Committee at least (2) Any member of the committee should the proceedings of the committee in closed one week in advance of such hearing unless feel free to call upon the staff at any time session or reveal information conveyed or the Chairman of the Committee, with the for assistance in connection with committee discussed in such a session unless that per- concurrence of the Vice Chairman, deter- business. Members of the Senate not mem- son would have been permitted to attend the mines that holding the hearing would be bers of the committee who call upon the session itself or is a member or staff of a rel- non-controversial or that special cir- staff for assistance from time to time should evant committee or executive branch agency cumstances require expedited procedures and be given assistance subject to the overriding and possesses an appropriate security clear- a majority of the Committee Members at- responsibility of the staff to the committee. ance, or unless such communication is spe- tending concurs. In no case shall a hearing (3) The staff’s primary responsibility is cifically authorized by the staff director or be conducted with less than 24 hours’ notice. with respect to bills, resolutions, treaties, minority staff director. Unauthorized disclo- (b). Each witness who is to appear before and nominations and other matters within sure of information from a closed session or the Committee shall submit his or her testi- the jurisdiction of the committee. In addi- of classified information shall be cause for mony by way of electronic mail, at least 48 tion to carrying out assignments from the immediate dismissal and may, in certain hours in advance of a hearing, in a format committee and its individual members, the cases, be grounds for criminal prosecution. determined by the Committee and sent to an staff has a responsibility to originate sugges- RULE 15—STATUS AND AMENDMENT OF RULES electronic mail address specified by the Com- tions for committee or subcommittee consid- (a) Status.—In addition to the foregoing, mittee. eration. The staff also has a responsibility to the Committee on Foreign Relations is gov- (c). Each Member shall be limited to five make suggestions to individual members re- erned by the Standing Rules of the Senate, (5) minutes of questioning of any witness garding matters of special interest to such which shall take precedence in the event of until such time as all Members attending members. a clear inconsistency. In addition, the juris- who so desire have had an opportunity to (4) It is part of the staff’s duty to keep diction and responsibilities of the committee question the witness unless the Committee itself as well informed as possible in regard with respect to certain matters, as well as shall decide otherwise. to developments affecting foreign relations the timing and procedure for their consider- BUSINESS MEETING AGENDA and national security and in regard to the ation in committee, may be governed by administration of foreign programs of the Rule 5(a). A legislative measure or subject statute. United States. Significant trends or develop- shall be included in the agenda of the next (b) Amendment.—These rules may be modi- following business meeting of the Committee ments which might otherwise escape notice fied, amended, or repealed by a majority of should be called to the attention of the com- if a written request by a Member for consid- the committee, provided that a notice in eration of such measure or subject has been mittee, or of individual Senators with par- writing (including by electronic mail) of the ticular interests. filed with the Chairman of the Committee at proposed change has been given to each least one week prior to such meeting. Noth- (5) The staff shall pay due regard to the member at least 72 hours prior to the meet- constitutional separation of powers between ing in this rule shall be construed to limit ing at which action thereon is to be taken. the authority of the Chairman of the Com- the Senate and the executive branch. It However, rules of the committee which are therefore has a responsibility to help the mittee to include legislative measures or based upon Senate rules may not be super- subjects on the Committee agenda in the ab- committee bring to bear an independent, ob- seded by committee vote alone. jective judgment of proposals by the execu- sence of such request. tive branch and when appropriate to origi- f (b). Any bill, resolution, or other matter to nate sound proposals of its own. At the same COMMITTEE ON INDIAN AFFAIRS be considered by the Committee at a busi- time, the staff shall avoid impinging upon ness meeting shall be filed with the Clerk of the day-to-day conduct of foreign affairs. the Committee. Notice of, and the agenda (6) In those instances when committee ac- RULES OF PROCEDURE for, any business meeting of the Committee, tion requires the expression of minority and a copy of any bill, resolution, or other views, the staff shall assist the minority as Mr. HOEVEN. Mr. President, I ask matter to be considered at the meeting, shall fully as the majority to the end that all unanimous consent that the ‘‘Senate be provided to each Member and made avail- points of view may be fully considered by Committee on Indian Affairs rules for able to the public at least three days prior to members of the committee and of the Sen- the 115th Congress’’ be printed in the such meeting, and no new items may be ate. The staff shall bear in mind that under RECORD. added after the agenda is published except by our constitutional system it is the responsi- There being no objection, the mate- the approval of a majority of the Members of the Committee. The notice and agenda of bility of the elected members of the Senate rial was ordered to be printed in the to determine legislative issues in the light of any business meeting may be provided to the as full and fair a presentation of the facts as RECORD, as follows: Members by electronic mail, provided that a the staff may be able to obtain. SENATE COMMITTEE ON INDIAN AF- paper copy will be provided to any Member (b) Personal Representatives of the Member FAIRS COMMITTEE RULES FOR THE upon request. The Clerk shall promptly no- (PRM). —Each Senator on the committee 115TH CONGRESS tify absent Members of any action taken by shall be authorized to designate one personal RULES OF PROCEDURE the Committee on matters not included in staff member as the member’s personal rep- Rule 1. The Standing Rules of the Senate, the published agenda. resentative of the member and designee to Senate Resolution 4, and the provisions of (c). Any amendment(s) to any bill or reso- the committee (PRM) that shall be deemed the Legislative Reorganization Act of 1946, lution to be considered shall be filed with the to have the same rights, duties, and respon- as amended by the Legislative Reorganiza- Clerk not less than 48 hours in advance. This sibilities as members of the staff of the Com- tion Act of 1970, as supplemented by these rule may be waived by the Chairman with mittee on Foreign Relations where specifi- rules, are adopted as the rules of the Com- the concurrence of the Vice Chairman. cally provided for in these rules. mittee to the extent the provisions of such QUORUM (c) Restrictions.— Rules, Resolution, and Acts are applicable to Rule 6(a). Except as provided in subsection (1) The staff shall regard its relationship to the Committee on Indian Affairs. (b), a majority of the Members shall con- the committee as a privileged one, in the na- MEETING OF THE COMMITTEE stitute a quorum for the transaction of busi- ture of the relationship of a lawyer to a cli- ness of the Committee. Except as provided in ent. In order to protect this relationship and Rule 2. The Committee shall meet on Senate Rule XXVI 7(a), a quorum is pre- the mutual confidence which must prevail if Wednesday/Thursday while the Congress is in sumed to be present unless the absence of a the committee-staff relationship is to be a session for the purpose of conducting busi- quorum is noted by a Member. satisfactory and fruitful one, the following ness, unless for the convenience of the Mem- (b). One Member shall constitute a quorum criteria shall apply, unless staff has con- bers, the Chairman shall set some other day for the purpose of conducting a hearing or sulted with and obtained, as appropriate, the for a meeting. Additional meetings may be taking testimony on any measure or matter approval of the Senate Ethics Committee called by the Chairman as he may deem nec- before the Committee. and advance permission from the staff direc- essary. tor (or the minority staff director in the case OPEN HEARINGS AND MEETINGS VOTING of minority staff): Rule 3(a). Hearings and business meetings Rule 7(a). A recorded vote of the Members (A) members of the staff shall not be iden- of the Committee shall be open to the public shall be taken upon the request of any Mem- tified with any special interest group in the except when the Chairman by a majority ber. field of foreign relations or allow their vote orders a closed hearing or meeting. (b). A measure may be reported without a names to be used by any such group; and (b). Except as otherwise provided in the recorded vote from the Committee unless an (B) members of the staff shall not accept Rules of the Senate, a transcript or elec- objection is made by a Member, in which public speaking engagements or write for tronic recording shall be kept of each hear- case a recorded vote by the Members shall be publication in the field of foreign relations. ing and business meeting of the Committee. required. A Member shall have the right to

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.054 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S584 CONGRESSIONAL RECORD — SENATE February 1, 2017 have his or her additional views included in COMMITIEE ON HOMELAND SECU- committee business shall be conducted in the Committee report in accordance with RITY AND GOVERNMENTAL AF- open session, except that a meeting or series Senate Rule XXVI 10. FAIRS of meetings on the same subject for a period (c). A Committee vote to report a measure of no more than 14 calendar days may be to the Senate shall also authorize the staff of closed to the public on a motion made and the Committee to make necessary technical RULES OF PROCEDURE seconded to go into closed session to discuss and conforming changes to the measure. only whether the matters enumerated in (d). Proxy voting shall be permitted on all Mr. JOHNSON. Mr. President, rule clauses (1) through (6) below would require matters, except that proxies may not be XXVI, paragraph 2, of the Standing the meeting to be closed, followed imme- counted for the purpose of determining the Rules of the Senate requires each com- diately by a record vote in open session by a presence of a quorum. Unless further limited, mittee to adopt rules to govern the majority of the Committee or Subcommittee a proxy shall be exercised only for the date procedure of the Committee and to Members when it is determined that the for which it is given and upon the terms pub- publish those rules in the Congres- matters to be discussed or the testimony to lished in the agenda for that date. be taken at such meeting or meetings— sional Record not later than March 1 of (1) will disclose matters necessary to be SWORN TESTIMONY AND FINANCIAL STATEMENTS the first year of each Congress. Today kept secret in the interests of national de- Rule 8(a). Witnesses in Committee hear- the Committee on Homeland Security fense or the confidential conduct of foreign ings may be required to give testimony and Governmental Affairs adopted relations of the United States; under oath whenever the Chairman or Vice committee rules of procedure. (2) will relate solely to matters of Com- Chairman of the Committee deems it to be Consistent with Standing Rule XXVI, mittee or Subcommittee staff personnel or necessary. I ask unanimous consent to have a internal staff management or procedure; (b). At any hearing to confirm a Presi- (3) will tend to charge an individual with dential nomination, the testimony of the copy of the rules of procedure of the crime or misconduct, to disgrace or injure nominee, and at the request of any Member, Committee on Homeland Security and the professional standing of an individual, or any other witness shall be under oath. Every Governmental Affairs printed in the otherwise expose an individual to public con- nominee shall submit a financial statement, RECORD. tempt or obloquy or will represent a clearly on forms to be perfected by the Committee, There being no objection, the mate- unwarranted invasion of the privacy of an in- which shall be sworn to by the nominee as to rial was ordered to be printed in the dividual; its completeness and accuracy. All such RECORD, as follows: (4) will disclose the identity of an informer statements shall be made public by the Com- or law enforcement agent or will disclose RULES OF PROCEDURE OF THE COM- mittee unless the Committee, in executive any information relating to the investiga- MITTEE ON HOMELAND SECURIT GOV- session, determines that special cir- tion or prosecution of a criminal offense that ERNMENTAL AFFAIRS cumstances require a full or partial excep- is required to be kept secret in the interests tion to this rule. PURSUANT TO RULE XXVI, SEC. 2, STANDING of effective law enforcement; (c). Members of the Committee are urged RULES OF THE SENATE (5) will disclose information relating to the to make public a complete disclosure of their RULE 1. MEETINGS AND MEETING PROCEDURES trade secrets of financial or commercial in- financial interests on forms to be perfected OTHER THAN HEARINGS formation pertaining specifically to a given by the Committee in the manner required in A. Meeting dates. The Committee shall person if— the case of Presidential nominees. hold its regular meetings on the first (A) an Act of Congress requires the infor- mation to be kept confidential by Govern- CONFIDENTIAL TESTIMONY Wednesday of each month, when the Con- gress is in session, or at such other times as ment officers and employees; or Rule 9. No confidential testimony taken the Chairman shall determine. Additional (B) the information has been obtained by by, or confidential material presented to the meetings may be called by the Chairman as the Government on a confidential basis, Committee or any report of the proceedings he/she deems necessary to expedite Com- other than through an application by such of a closed Committee hearing or business mittee business. (Rule XXVI, Sec. 3, Stand- person for a specific Government financial or meeting shall be made public in whole or in ing Rules of the Senate.) other benefit, and is required to be kept se- part, or by way of summary, unless author- B. Calling special Committee meetings. If cret in order to prevent undue injury to the ized by a majority of the Members of the at least three Members of the Committee de- competitive position of such person; or Committee at a business meeting called for sire the Chairman to call a special meeting, (6) may divulge matters required to be the purpose of making such a determination. they may file in the offices of the Committee kept confidential under other provisions of DEFAMATORY STATEMENTS a written request therefor, addressed to the law or Government regulations. (Rule X.XVI, Rule 10. Any person whose name is men- Chairman. Immediately thereafter, the clerk Sec. 5(b), Standing Rules of the Senate.) Not- tioned or who is specifically identified in, or of the Committee shall notify the Chairman withstanding the foregoing, whenever dis- who believes that testimony or other evi- of such request. If, within 3 calendar days order arises during a Committee or Sub- dence presented at, an open Committee hear- after the filing of such request, the Chair- committee meeting that is open to the pub- ing tends to defame him or her or otherwise man fails to call the requested special meet- lic, or any demonstration of approval or dis- adversely affect his or her reputation may ing, which is to be held within 7 calendar approval is indulged in by any person in at- file with the Committee for its consideration days after the filing of such request, a major- tendance at any such meeting, it shall be the and action a sworn statement of facts rel- ity of the Committee Members may file in duty of the Chairman to enforce order on his evant to such testimony of evidence. the offices of the Committee their written or her own initiative and without any point notice that a special Committee meeting of order being made by a Member of the BROADCASTING OF HEARINGS OR MEETINGS will be held, specifying the date and hour Committee or Subcommittee; provided, fur- Rule 11. Any meeting or hearing by the thereof, and the Committee shall meet on ther, that when the Chairman finds it nec- Committee which is open to the public may that date and hour. Immediately upon the essary to maintain order, he/she shall have be covered in whole or in part by television, filing of such notice, the Committee chief the power to clear the room, and the Com- Internet, radio broadcast, or still photog- clerk shall notify all Committee Members mittee or Subcommittee may act in closed raphy. Photographers and reporters using that such special meeting will be held and session for so long as there is doubt of the as- mechanical recording, filming, or broad- inform them of its date and hour. (Rule surance of order. (Rule XXVI, Sec. 5(d), casting devices shall position their equip- XXVI, Sec. 3, Standing Rules of the Senate.) Standing Rules of the Senate.) ment so as not to interfere with the sight, C. Meeting notices and agenda. Written no- E. Prior notice of first degree amendments. vision, and hearing of Members and staff on tices of Committee meetings, accompanied It shall not be in order for the Committee, or the dais or with the orderly process of the by an agenda, enumerating the items of busi- a Subcommittee thereof, to consider any meeting or hearing. ness to be considered, shall be sent to all amendment in the first degree proposed to AUTHORIZING SUBPOENAS Committee Members at least 5 days in ad- any measure under consideration by the Committee or Subcommittee unless a writ- Rule 12. The Chairman may, with the vance of such meetings, excluding Satur- ten copy of such amendment has been deliv- agreement of the Vice Chairman, or the days, Sundays, and legal holidays in which ered to each Member of the Committee or Committee may, by majority vote, authorize the Senate is not in session. The written no- Subcommittee, as the case may be, and to the issuance of subpoenas. tices required by this Rule may be provided by electronic mail. In the event that unfore- the office of the Committee or Sub- AMENDING THE RULES seen requirements or Committee business committee, by no later than 4:00 p.m. two Rule 13. These rules may be amended only prevent a 5–day notice of either the meeting days before the meeting of the Committee or by a vote of a majority of all the Members of or agenda, the Committee staff shall commu- Subcommittee at which the amendment is to the Committee in a business meeting of the nicate such notice and agenda, or any revi- be proposed, and, in the case of a first degree Committee: Provided, that no vote may be sions to the agenda, as soon as practicable amendment in the nature of a substitute pro- taken on any proposed amendment unless by telephone or otherwise to Members or ap- posed by the manager of the measure, by no such amendment is reproduced in full in the propriate staff assistants in their offices. later than 5:00 p.m. five days before the Committee agenda for such meeting at least D. Open business meetings. Meetings for meeting. The written copy of amendments in seven (7) days in advance of such meeting. the transaction of Committee or Sub- the first degree required by this Rule may be

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If there is notice of a session to mark-up a measure is D. Announcement of vote. (1) Whenever the no Member of the Majority present, the provided to the Committee or Sub- Committee by roll call vote reports any Ranking Minority Member present, with the committee. measure or matter, the report of the Com- prior approval of the Chairman, may open F. Meeting transcript. The Committee or mittee upon such a measure or matter shall and conduct the meeting or hearing until Subcommittee shall prepare and keep a com- include a tabulation of the votes cast in such time as a Member of the Majority ar- plete transcript or electronic recording ade- favor of and the votes cast in opposition to rives. quate to fully record the proceeding of each such measure or matter by each Member of RULE 5. HEARINGS AND HEARING PROCEDURES meeting whether or not such meeting or any the Committee. (Rule XXVI, Sec. 7(c), Stand- A. Announcement of hearings. The Com- part thereof is closed to the public, unless a ing Rules of the Senate.) mittee, or any Subcommittee thereof, shall majority of the Committee or Subcommittee (2) Whenever the Committee by roll call make public announcement of the date, Members vote to forgo such a record. (Rule vote acts upon any measure or amendment time, and subject matter of any hearing to XXVI, Sec. 5(e), Standing Rules of the Sen- thereto, other than reporting a measure or be conducted on any measure or matter at ate.) matter, the results thereof shall be an- least 5 days in advance of such hearing, ex- nounced in the Committee report on that RULE 2. QUORUMS cluding Saturdays, Sundays, and legal holi- measure unless previously announced by the A. Reporting measures and matters. A ma- days in which the Senate is not in session, Committee, and such announcement shall in- jority of the Members of the Committee unless the Committee, or Subcommittee, de- clude a tabulation of the votes cast in favor shall constitute a quorum for reporting to termines that there is good cause to begin of and the votes cast in opposition to each the Senate any measures, matters or rec- such hearing at an earlier date. (Rule XXVI, such measure and amendment thereto by ommendations. (Rule XXVI, Sec. 7(a)(1), Sec. 4(a), Standing Rules of the Senate.) each Member of the Committee who was Standing Rules of the Senate.) B. Open hearings. Each hearing conducted present at the meeting. (Rule XXVI, Sec. B. Transaction of routine business. One- by the Committee, or any Subcommittee 7(b), Standing Rules of the Senate.) third of the membership of the Committee thereof, shall be open to the public, except (3) In any case in which a roll call vote is shall constitute a quorum for the trans- that a hearing or series of hearings on the announced, the tabulation of votes shall action of routine business, provided that one same subject for a period of no more than 14 state separately the proxy vote recorded in Member of the Minority is present. For the calendar days may be closed to the public on favor of and in opposition to that measure, purpose of this paragraph, the term ‘‘routine a motion made and seconded to go into amendment thereto, or matter. (Rule XXVI, business’’ includes the convening of a meet- closed session to discuss only whether the Sec. 7(b) and (c), Standing Rules of the Sen- ing and the consideration of any business of matters enumerated in clauses (1) through ate.) the Committee other than reporting to the (6) below would require the hearing to be E. Polling. (1) The Committee, or any Sub- Senate any measures, matters or rec- closed, followed immediately by a record committee thereof, may poll (a) internal ommendations. (Rule XXVI, Sec. 7(a)(1), vote in open session by a majority of the Committee or Subcommittee matters includ- Standing Rules of the Senate.) Committee or Subcommittee Members when ing the Committee’s or Subcommittee’s C. Taking testimony. One Member of the it is determined that the matters to be dis- staff, records and budget; (b) steps in an in- Committee shall constitute a quorum for cussed or the testimony to be taken at such vestigation, including issuance of subpoenas, taking sworn or unsworn testimony. (Rule hearing or hearings— applications for immunity orders, and re- XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules (1) will disclose matters necessary to be quests for documents from agencies; and (c) of the Senate.) kept secret in the interests of national de- other Committee or Subcommittee business D. Subcommittee quorums. Subject to the fense or the confidential conduct of foreign other than a vote on reporting to the Senate provisions of sections 7(a)(1) and (2) of Rule relations of the United States; any measures, matters or recommendations XXVI of the Standing Rules of the Senate, (2) will relate solely to matters of Com- or a vote on closing a meeting or hearing to the Subcommittees of this Committee are mittee or Subcommittee staff personnel or the public. authorized to establish their own quorums internal staff management or procedure; (2) Only the Chairman, or a Committee for the transaction of business and the tak- (3) will tend to charge an individual with Member or staff officer designated by him/ ing of sworn testimony. crime or misconduct, to disgrace or injure her, may undertake any poll of the Members E. Proxies prohibited in establishment of the professional standing of an individual, or of the Committee. If any Member requests, quorum. Proxies shall not be considered for otherwise expose an individual to public con- any matter to be polled shall be held for the establishment of a quorum. tempt or obloquy or will represent a clearly meeting rather than being polled. The chief RULE 3. VOTING unwarranted invasion of the privacy of an in- clerk of the Committee shall keep a record A. Quorum required. Subject to the provi- dividual; of polls; if a majority of the Members of the sions of subsection (E), no vote may be taken (4) will disclose the identity of an informer Committee determine that the polled matter by the Committee, or any Subcommittee or law enforcement agent or will disclose is in one of the areas enumerated in sub- thereof, on any measure or matter unless a any information relating to the investiga- section (D) of Rule 1, the record of the poll quorum, as prescribed in the preceding sec- tion or prosecution of a criminal offense that shall be confidential. Any Committee Mem- tion, is actually present. is required to be kept secret in the interests ber may move at the Committee meeting fol- B. Reporting measures and matters. No of effective law enforcement; lowing the poll for a vote on the polled deci- measure, matter or recommendation shall be (5) will disclose information relating to the sion, such motion and vote to be subject to reported from the Committee unless a ma- trade secrets of financial or commercial in- the provisions of subsection (D) of Rule 1, jority of the Committee Members are actu- formation pertaining specifically to a given where applicable. ally present, and the vote of the Committee person if— F. Naming postal facilities. The Com- to report a measure or matter shall require (A) an Act of Congress requires the infor- mittee will not consider any legislation that the concurrence of a majority of those Mem- mation to be kept confidential by Govern- would name a postal facility for a living per- bers who are actually present at the time the ment officers and employees; or son with the exception of bills naming facili- vote is taken. (Rule XXVI, Sec. 7(a)(1) and (B) the information has been obtained by ties after former Presidents and Vice Presi- (3), Standing Rules of the Senate.) the Government on a confidential basis, dents of the United States, former Members C. Proxy voting. Proxy voting shall be al- other than through an application by such of Congress over 70 years of age, former lowed on all measures and matters before the person for a specific Government financial or State or local elected officials over 70 years Committee, or any Subcommittee thereof, other benefit, and is required to be kept se- of age, former judges over 70 years of age, or except that, when the Committee, or any cret in order to prevent undue injury to the wounded veterans. Subcommittee thereof, is voting to report a competitive position of such person; or G. Technical and conforming changes. A measure or matter, proxy votes shall be al- (6) may divulge matters required to be Committee vote to report a measure to the lowed solely for the purposes of recording a kept confidential under other provisions of Senate shall also authorize the Committee Member’s position on the pending question. law or Government regulations. (Rule XXVI, Chairman and Ranking Member by mutual Proxy voting shall be allowed only if the ab- Sec. 5(b), Standing Rules of the Senate.) agreement to make any required technical sent Committee or Subcommittee Member Notwithstanding the foregoing, whenever and conforming changes to the measure. has been informed of the matter on which he disorder arises during a Committee or Sub- or she is being recorded and has affirma- RULE 4. CHAIRMANSHIP OF MEETINGS AND committee meeting that is open to the pub- tively requested that he or she be so re- HEARINGS lic, or any demonstration of approval or dis- corded. All proxies shall be filed with the The Chairman shall preside at all Com- approval is indulged in by any person in at- chief clerk of the Committee or Sub- mittee meetings and hearings except that he tendance at any such meeting, it shall be the committee thereof, as the case may be. All or she shall designate a temporary Chairman duty of the Chairman to enforce order on his proxies shall be in writing and shall contain to act in his or her place if he or she is un- or her own initiative and without any point

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Committee deposition notices have the power to clear the room, and the and grammatical errors; the Chairman or a shall specify a time and place for examina- Committee or Subcommittee may act in staff officer designated by him/her shall rule tion, and the name of the Committee Mem- closed session for so long as there is doubt of on such requests. ber or Members or staff officer or officers the assurance of order. (Rule XXVI, Sec. 5(d), F. Impugned persons. Any person whose who will take the deposition. Unless other- Standing Rules of the Senate.) name is mentioned or is specifically identi- wise specified, the deposition shall be in pri- C. Full Committee subpoenas. The Chair- fied, and who believes that evidence pre- vate. The Committee shall not initiate pro- man, with the approval of the Ranking Mi- sented, or comment made by a Member of cedures leading to criminal or civil enforce- nority Member of the Committee, is author- the Committee or staff officer, at a public ment proceedings for a witness’ failure to ap- ized to subpoena the attendance of witnesses hearing or at a closed hearing concerning pear or produce unless the deposition notice at a hearing or deposition or the production which there have been public reports, tends was accompanied by a Committee subpoena. of memoranda, documents, records, or any to impugn his or her character or adversely (2) Witnesses may be accompanied at a other materials. The Chairman may sub- affect his or her reputation may: deposition by counsel to advise them of their poena attendance or production without the (a) File a sworn statement of facts relevant legal rights, subject to the provisions of Rule approval of the Ranking Minority Member to the evidence or comment, which state- 5D. where the Chairman has not received a letter ment shall be considered for placement in (3) Oaths at depositions may be adminis- of disapproval signed by the Ranking Minor- the hearing record by the Committee; tered by an individual authorized by local ity Member within 72 hours, excluding Sat- (b) Request the opportunity to appear per- law to administer oaths. Questions shall be urdays, Sundays, and legal holidays in which sonally before the Committee to testify in propounded orally by a Committee Member the Senate is not in session, of the Ranking his or her own behalf, which request shall be or Members or staff. If a witness objects to a Minority Member’s receipt of a letter signed considered by the Committee; and question and refuses to testify, the objection by the Chairman providing notice of the (c) Submit questions in writing which he shall be noted for the record and the Com- Chairman’s intent to issue a subpoena, in- or she requests be used for the cross-exam- mittee Member or Members or staff may pro- cluding an identification of all individuals ination of other witnesses called by the Com- ceed with the remainder of the deposition. and items sought to be subpoenaed. Delivery mittee, which questions shall be considered (4) The Committee shall see that the testi- and receipt of the signed notice and signed for use by the Committee. mony is transcribed or electronically re- disapproval letters and any additional com- G. Radio, television, and photography. The corded (which may include audio or audio/ munications related to the subpoena may be Committee, or any Subcommittee thereof, video recordings). If it is transcribed, the carried out by staff officers of the Chairman may permit the proceedings of hearings transcript shall be made available for inspec- and Ranking Minority Member, and may which are open to the public to be photo- tion by the witness or his or her counsel occur through electronic mail. If a subpoena graphed and broadcast by radio, television or under Committee supervision. The witness is disapproved by the Ranking Minority both, subject to such conditions as the Com- shall sign a copy of the transcript and may Member as provided in this subsection, the mittee, or Subcommittee, may impose. (Rule request changes to it, which shall be handled subpoena may be authorized by vote of the XXVI, Sec. 5(c), Standing Rules of the Sen- in accordance with the procedure set forth in Members of the Committee. When the Com- ate.) subsection (E). If the witness fails to sign a mittee or Chairman authorizes subpoenas, H. Advance statements of witnesses. A wit- copy, the staff shall note that fact on the subpoenas may be issued upon the signature ness appearing before the Committee, or any transcript. The individual administering the of the Chairman or any other Member of the Subcommittee thereof, shall provide elec- oath shall certify on the transcript that the Committee designated by the Chairman. tronically a written statement of his or her witness was duly sworn in his or her pres- D. Witness counsel. Counsel retained by proposed testimony at least 48 hours prior to ence, the transcriber shall certify that the any witness and accompanying such witness his or her appearance. This requirement may transcript is a true record of the testimony, shall be permitted to be present during the be waived by the Chairman and the Ranking and the transcript shall then be filed with testimony of such witness at any public or Minority Member following their determina- the chief clerk of the Committee. The Chair- executive hearing or deposition to advise tion that there is good cause for failure of man or a staff officer designated by him/her such witness while he or she is testifying, of compliance. (Rule XXVI, Sec. 4(b), Standing may stipulate with the witness to changes in his or her legal rights; provided, however, Rules of the Senate.) the procedure; deviations from this proce- that in the case of any witness who is an offi- I. Minority witnesses. In any hearings con- dure which do not substantially impair the cer or employee of the Government, or of a ducted by the Committee, or any Sub- reliability of the record shall not relieve the corporation or association, the Committee committee thereof, the Minority Members of witness from his or her obligation to testify Chairman may rule that representation by the Committee or Subcommittee shall be en- truthfully. counsel from the Government, corporation, titled, upon request to the Chairman by a or association or by counsel representing majority of the Minority Members, to call RULE 6. COMMITTEE REPORTING PROCEDURES other witnesses, creates a conflict of inter- witnesses of their selection during at least 1 A. Timely filing. When the Committee has est, and that the witness may only be rep- day of such hearings. (Rule XXVI, Sec. 4(d), ordered a measure or matter reported, fol- resented during interrogation by staff or Standing Rules of the Senate.) lowing final action, the report thereon shall during testimony before the Committee by J. Swearing in witnesses. In any hearings be filed in the Senate at the earliest prac- personal counsel not from the Government, conducted by the Committee, the Chairman ticable time. (Rule XXVI, Sec. 10(b), Stand- corporation, or association or by personal or his or her designee may swear in each wit- ing Rules of the Senate.) counsel not representing other witnesses. ness prior to their testimony. B. Supplemental, Minority, and additional This subsection shall not be construed to ex- K. Full Committee depositions. Deposi- views. A Member of the Committee who cuse a witness from testifying in the event tions may be taken prior to or after a hear- gives notice of his or her intention to file his or her counsel is ejected for conducting ing as provided in this subsection. supplemental, Minority, or additional views himself or herself in such manner so as to (1) Notices for the taking of depositions at the time of final Committee approval of a prevent, impede, disrupt, obstruct or inter- shall be authorized and issued by the Chair- measure or matter shall be entitled to not fere with the orderly administration of the man, with the approval of the Ranking Mi- less than 3 calendar days in which to file hearings; nor shall this subsection be con- nority Member of the Committee. The Chair- such views, in writing, with the chief clerk strued as authorizing counsel to coach the man may initiate depositions without the of the Committee. Such views shall then be witness or answer for the witness. The fail- approval of the Ranking Minority Member included in the Committee report and print- ure of any witness to secure counsel shall where the Chairman has not received a letter ed in the same volume, as a part thereof, and not excuse such witness from complying of disapproval of the deposition signed by the their inclusion shall be noted on the cover of with a subpoena or deposition notice. Ranking Minority Member within 72 hours, the report. In the absence of timely notice, E. Witness transcripts. An accurate elec- excluding Saturdays, Sundays, and legal the Committee report may be filed and tronic or stenographic record shall be kept of holidays in which the Senate is not in ses- printed immediately without such views. the testimony of all witnesses in executive sion, of the Ranking Minority Member’s re- (Rule XXVI, Sec. 10(c), Standing Rules of the and public hearings. The record of his or her ceipt of a letter signed by the Chairman pro- Senate.) testimony whether in public or executive viding notice of the Chairman’s intent to C. Notice by Subcommittee Chairmen. The session shall be made available for inspec- issue a deposition notice, including identi- Chairman of each Subcommittee shall notify tion by the witness or his or her counsel fication of all individuals sought to be de- the Chairman in writing whenever any meas- under Committee supervision; a copy of any posed. Delivery and receipt of the signed no- ure has been ordered reported by such Sub- testimony given in public session or that tice and signed disapproval letter and any committee and is ready for consideration by part of the testimony given by the witness in additional communications related to the the full Committee. executive session and subsequently quoted or deposition may be carried out by staff offi- D. Draft reports of Subcommittees. All made part of the record in a public session cers of the Chairman and Ranking Member, draft reports prepared by Subcommittees of shall be provided to any witness at his or her and may occur through electronic mail. If a this Committee on any measure or matter expense if he or she so requests. Upon in- deposition notice is disapproved by the referred to it by the Chairman shall be in the

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Subcommittee meetings and hearings. ceding the time of his or her nomination, of such draft reports, copies thereof shall be Each Subcommittee of this Committee is au- and copies of other relevant documents re- filed with the chief clerk of the Committee thorized to establish meeting dates and quested by the Committee, such as a pro- at the earliest practicable time. adopt rules not inconsistent with the rules of posed blind trust agreement, necessary for E. Impact statements in reports. All Com- the Committee except as provided in Rules the Committee’s consideration; and, 2(D) and 7(E). mittee reports, accompanying a bill or joint (3) Copies of other relevant documents the E. Subcommittee subpoenas Each Sub- resolution of a public character reported by Committee may request, such as responses the Committee, shall contain (1) an esti- committee is authorized to adopt rules con- cerning subpoenas which need not be con- to questions concerning the policies and pro- mate, made by the Committee, of the costs grams the nominee intends to pursue upon which would be incurred in carrying out the sistent with the rules of the Committee; pro- vided, however, that in the event the Sub- taking office. At the request of the Chairman legislation for the then current fiscal year or the Ranking Minority Member, a nominee and for each of the next 5 years thereafter committee authorizes the issuance of a sub- poena pursuant to its own rules, a written shall be required to submit a certified finan- (or for the authorized duration of the pro- notice of intent to issue the subpoena shall cial statement compiled by an independent posed legislation, if less than 5 years); and (2) be provided to the Chairman and Ranking auditor. Information received pursuant to a comparison of such cost estimates with Minority Member of the Committee, or staff this subsection shall be made available for any made by a Federal agency; or (3) in lieu officers designated by them, by the Sub- public inspection; provided, however, that of such estimate or comparison, or both, a committee Chairman or a staff officer des- tax returns shall, after review by persons statement of the reasons for failure by the ignated by him/her immediately upon such designated in subsection (C) of this rule, be Committee to comply with these require- authorization, and no subpoena shall be placed under seal to ensure confidentiality. ments as impracticable, in the event of in- issued for at least 48 hours, excluding Satur- C. Procedures for Committee inquiry. The ability to comply therewith. (Rule XXVI, days and Sundays, from delivery to the ap- Committee shall conduct an inquiry into the Sec. 11(a), Standing Rules of the Senate.) propriate offices, unless the Chairman and experience, qualifications, suitability, and Each such report shall also contain an Ranking Minority Member waive the 48–hour integrity of nominees, and shall give par- evaluation, made by the Committee, of the waiting period or unless the Subcommittee ticular attention to the following matters: regulatory impact which would be incurred Chairman certifies in writing to the Chair- in carrying out the bill or joint resolution. (1) A review of the biographical informa- man and Ranking Minority Member that, in tion provided by the nominee, including, but The evaluation shall include (a) an estimate his or her opinion, it is necessary to issue a of the numbers of individuals and businesses not limited to, any professional activities re- subpoena immediately. lated to the duties of the office to which he who would be regulated and a determination F. Subcommittee budgets. During the first or she is nominated; of the groups and classes of such individuals year of a new Congress, each Subcommittee and businesses, (b) a determination of the that requires authorization for the expendi- (2) A review of the financial information economic impact of such regulation on the ture of funds for the conduct of inquiries and provided by the nominee, including tax re- individuals, consumers, and businesses af- investigations, shall file with the chief clerk turns for the 3 years preceding the time of fected, (c) a determination of the impact on of the Committee, by a date and time pre- his or her nomination; the personal privacy of the individuals af- scribed by the Chairman, its request for (3) A review of any actions, taken or pro- fected, and (d) a determination of the funds for the two (2) 12-month periods begin- posed by the nominee, to remedy conflicts of amount of paperwork that will result from ning on March 1 and extending through and interest; and the regulations to be promulgated pursuant including the last day of February of the 2 (4) A review of any personal or legal mat- to the bill or joint resolution, which deter- following years, which years comprise that ter which may bear upon the nominee’s mination may include, but need not be lim- Congress. Each such request shall be sub- qualifications for the office to which he or ited to, estimates of the amount of time and mitted on the budget form prescribed by the she is nominated. For the purpose of assist- financial costs required of affected parties, Committee on Rules and Administration, ing the Committee in the conduct of this in- showing whether the effects of the bill or and shall be accompanied by a written jus- quiry, a Majority investigator or investiga- joint resolution could be substantial, as well tification addressed to the Chairman of the tors shall be designated by the Chairman and as reasonable estimates of the recordkeeping Committee, which shall include (1) a state- a Minority investigator or investigators requirements that may be associated with ment of the Subcommittee’s area of activi- shall be designated by the Ranking Minority the bill or joint resolution. Or, in lieu of the ties, (2) its accomplishments during the pre- Member. The Chairman, Ranking Minority forgoing evaluation, the report shall include ceding Congress detailed year by year, and Member, other Members of the Committee, a statement of the reasons for failure by the (3) a table showing a comparison between (a) and designated investigators shall have ac- Committee to comply with these require- the funds authorized for expenditure during cess to all investigative reports on nominees the preceding Congress detailed year by ments as impracticable, in the event of in- prepared by any Federal agency, except that year, (b) the funds actually expended during ability to comply therewith. (Rule XXVI, only the Chairman, the Ranking Minority that Congress detailed year by year, (c) the Sec. 11(b), Standing Rules of the Senate.) Member, or other Members of the Com- amount requested for each year of the Con- RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE mittee, upon request, shall have access to gress, and (d) the number of professional and PROCEDURES the report of the Federal Bureau of Inves- clerical staff members and consultants em- tigation. The Committee may request the as- A. Regularly established Subcommittees. ployed by the Subcommittee during the pre- sistance of the U.S. Government Account- The Committee shall have three regularly ceding Congress detailed year by year and ability Office and any other such expert established Subcommittees. The Subcommit- the number of such personnel requested for opinion as may be necessary in conducting tees are as follows: each year of the Congress. The Chairman Permanent Subcommittee on Investigations may request additional reports from the its review of information provided by nomi- Subcommittee on Federal Spending Over- Subcommittees regarding their activities nees. sight and Emergency Management and budgets at any time during a Congress. D. Report on the Nominee. After a review Subcommittee on Regulatory Affairs and (Rule XXVI, Sec. 9, Standing Rules of the of all information pertinent to the nomina- Federal Management Senate.) tion, a confidential report on the nominee shall be made in the case of judicial nomi- B. Ad hoc Subcommittees. Following con- RULE 8. CONFIRMATION STANDARDS AND nees and may be made in the case of non-ju- sultation with the Ranking Minority Mem- PROCEDURES dicial nominees by the designated investiga- ber, the Chairman shall, from time to time, A. Standards. In considering a nomination, tors to the Chairman and the Ranking Mi- establish such ad hoc Subcommittees as he/ the Committee shall inquire into the nomi- nority Member and, upon request, to any she deems necessary to expedite Committee nee’s experience, qualifications, suitability, other Member of the Committee. The report business. and integrity to serve in the position to shall summarize the steps taken by the Com- C. Subcommittee membership. Following which he or she has been nominated. The mittee during its investigation of the nomi- consultation with the Majority Members, Committee shall recommend confirmation, nee and the results of the Committee in- and the Ranking Minority Member of the upon finding that the nominee has the nec- Committee, the Chairman shall announce se- essary integrity and is affirmatively quali- quiry, including any unresolved matters that lections for membership on the Subcommit- fied by reason of training, education, or ex- have been raised during the course of the in- tees referred to in paragraphs A and B, perience to carry out the functions of the of- quiry. above. fice to which he or she was nominated. E. Hearings. The Committee shall conduct (1) The Chairman and Ranking Minority B. Information concerning the Nominee. a public hearing during which the nominee Member shall serve as nonvoting ex officio Each nominee shall submit the following in- shall be called to testify under oath on all members of the subcommittees on which formation to the Committee: matters relating to his or her suitability for they do not serve as voting members. (1) A detailed biographical resume which office, including the policies and programs (2) Any Member of the Committee may at- contains information relating to education, which he or she will pursue while in that po- tend hearings held by any subcommittee and employment, and achievements; sition. No hearing shall be held until at least

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72 hours after the following events have oc- DEFENSE SECURITY The principal contractor is Raytheon, Tuc- curred: The nominee has responded to pre- COOPERATION AGENCY, son, AZ. At this time, there are no known hearing questions submitted by the Com- Arlington, VA. offset agreements proposed in connection mittee; and, if applicable, the report de- Hon. BOB CORKER, with this potential sale. scribed in subsection (D) has been made to Chairman, Committee on Foreign Relations, Implementation of this proposed sale will the Chairman and Ranking Minority Mem- U.S. Senate, Washington, DC. not require the assignment of any additional ber, and is available to other Members of the DEAR MR. CHAIRMAN: Pursuant to the re- U.S. Government or contractor representa- Committee, upon request. porting requirements of Section 36(b)(1) of tives to the Republic of Korea. F. Action on confirmation. A mark-up on a the Arms Export Control Act, as amended, There is no adverse impact on U.S. defense nomination shall not occur on the same day we are forwarding herewith Transmittal No. readiness as a result of this proposed sale. that the hearing on the nominee is held. In 16–83, concerning the Department of the Air TRANSMITTAL NO. 16–83 order to assist the Committee in reaching a Force’s proposed Letter(s) of Offer and Ac- Notice of Proposed Issuance of Letter of recommendation on confirmation, the staff ceptance to the Republic of Korea for defense Offer Pursuant to Section 36(b)(1) of the may make an oral presentation to the Com- articles and services estimated to cost $70 Arms Export Control Act mittee at the mark-up, factually summa- million. After this letter is delivered to your Annex Item No. vii rizing the nominee’s background and the office, we plan to issue a news release to no- steps taken during the pre-hearing inquiry. tify the public of this proposed sale. (vii) Sensitivity of Technology: G. Application. The procedures contained Sincerely, 1. The AGM–65G–2 Maverick is an air-to- in subsections (C), (D), (E), and (F) of this J. W. RIXEY, ground close air support missile with a lock rule shall apply to persons nominated by the Vice Admiral, USN, Director. on before launch day or night capability. The President to positions requiring their full- Enclosures. G model has an imaging infrared (IIR) guid- time service. At the discretion of the Chair- TRANSMITTAL NO. 16–83 ance system. The infrared Maverick G can track heat generated by a target and pro- man and Ranking Minority Member, those Notice of Proposed Issuance of Letter of vides the pilot a pictorial display of the tar- procedures may apply to persons nominated Offer Pursuant to Section 36(b)(1) of the get during darkness and hazy or inclement by the President to serve on a part-time Arms Export Control Act, as amended basis. weather. The warhead on the Maverick G is (i) Prospective Purchaser: Republic of a heavyweight penetrator warhead. Maverick RULE 9. PERSONNEL ACTIONS AFFECTING Korea. hardware is UNCLASSIFIED. Performance COMMITTEE STAFF (ii) Total Estimated Value: and operating logic of the countermeasures In accordance with Rule XLII of the Stand- Major Defense Equipment * $66 million. circuits are SECRET. Overall system classi- ing Rules of the Senate and the Congres- Other $4 million. fication is SECRET. sional Accountability Act of 1995 (P.L. 104–1), Total $70 million. 2. If a technologically advanced adversary (iii) Description and Quantity or Quan- all personnel actions affecting the staff of were to obtain knowledge of the specific tities of Articles or Services under Consider- the Committee shall be made free from any hardware and software elements, the infor- ation for Purchase: discrimination based on race, color, religion, mation could be used to develop counter- Major Defense Equipment (MDE): sex, national origin, age, state of physical measures or equivalent systems which might Eighty-nine (89) AGM–65G–2 Maverick Mis- handicap, or disability. reduce weapon effectiveness or be used in the siles. RULE 10. APPRISAL OF COMMITTEE BUSINESS Non-MDE includes: development of a system with similar or ad- The Chairman and Ranking Minority Mem- Missile containers and other related ele- vanced capabilities. ber shall keep each other apprised of hear- ments of support. 3. This sale is necessary to further the U.S. ings, investigations, and other Committee (iv) Military Department: Air Force (KS– foreign policy and national security objec- business. D–YHF). tives outlined in the Policy Justification. Moreover, the benefits derived from this RULE 11. PER DIEM FOR FOREIGN TRAVEL (v) Prior Related Cases, if any: FMS Case KS–D–YAF–$22.55M—14 Mar 12. sale, as outlined in the Policy Justification, A per diem allowance provided a Member (vi) Sales Commission, Fee, etc., Paid. Of- outweigh the potential damage that could of the Committee or staff of the Committee fered, or Agreed to be Paid: None. result if the sensitive technology were re- in connection with foreign travel shall be (vii) Sensitivity of Technology Contained vealed to unauthorized persons. used solely for lodging, food, and related ex- in the Defense Article or Defense Services 4. All defense articles and services listed in penses and it is the responsibility of the Proposed to be Sold: See Annex attached, this transmittal have been authorized for re- Member of the Committee or staff of the (viii) Date Report Delivered to Congress: lease and export to the Republic of Korea. Committee receiving such an allowance to January 31, 2017. DEFENSE SECURITY return to the United States Government that * as defined in Section 47(6) of the Arms Ex- COOPERATION AGENCY, portion of the allowance received which is port Control Act. Arlington, VA. not actually used for necessary lodging, food, POLICY JUSTIFICATION Hon. BOB CORKER, and related expenses. (Rule XXXIX, Para- Chairman, Committee on Foreign Relations, graph 3, Standing Rules of the Senate.) Republic of Korea—AGM–65G–2 Maverick Missiles U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Pursuant to the re- f The Government of the Republic of Korea porting requirements of Section 36(b)(1) of (ROK) has requested the potential sale of ARMS SALES NOTIFICATION the Arms Export Control Act, as amended, eighty-nine (89) AGM–65G–2 Maverick mis- we are forwarding herewith Transmittal No. Mr. CORKER. Mr. President, section siles, missile containers and other related 16–85, concerning the Department of the 36(b) of the Arms Export Control Act elements of support. The total estimated Navy’s proposed Letter(s) of Offer and Ac- program cost is $70 million. requires that Congress receive prior no- ceptance to the Republic of Korea for defense This proposed sale contributes to the for- tification of certain proposed arms articles and services estimated to cost $70 eign policy and national security of the sales as defined by that statute. Upon million. After this letter is delivered to your United States. The ROK is one of the major office, we plan to issue a news release to no- such notification, the Congress has 30 political and economic powers in East Asia tify the public of this proposed sale. calendar days during which the sale and the Western Pacific and a key partner of Sincerely, may be reviewed. The provision stipu- the United States in ensuring peace and sta- J. W. RIXEY, lates that, in the Senate, the notifica- bility in the region. It is vital to U.S. na- Vice Admiral, USN Director. tional interests to assist our Korean ally in tion of proposed sales shall be sent to Enclosures. the chairman of the Senate Foreign developing and maintaining a strong and TRANSMITTAL NO. 16–85 Relations Committee. ready self-defense capability. This sale in- In keeping with the committee’s in- creases the ROK’s capability to participate Notice of Proposed Issuance of Letter of in Pacific regional security operations and Offer Pursuant to Section 36(b)(1) of the tention to see that relevant informa- improves its national security posture as a Arms Export Control Act, as amended tion is available to the full Senate, I key U.S. ally. (i) Prospective Purchaser: Republic of ask unanimous consent to have printed The proposed sale will improve the ROK’s Korea. in the RECORD the notifications which capability to meet current and future (ii) Total Estimated Value: have been received. If the cover letter threats. The ROK will use the enhanced ca- Major Defense Equipment* $60 million. references a classified annex, then such pability as a deterrent to regional threats Other $10 million. annex is available to all Senators in and to strengthen its homeland defense. The Total $70 million. the office of the Foreign Relations ROK, which already has AGM–65G missiles in (iii) Description and Quantity or Quan- its inventory, will have no difficulty absorb- tities of Articles or Services under Consider- Committee, room SD–423. ing these additional missiles. ation for Purchase: There being no objection, the mate- The proposed sale of this equipment and Major Defense Equipment (MDE): rial was ordered to be printed in the support does not affect the basic military Sixty (60) AIM–9X–2 Sidewinder Block II RECORD, as follows: balance in the region. All-Up-Round Missiles.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.062 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S589 Six (6) AIM–9X–2 Block II Tactical Guid- hanced countermeasures rejection capa- sonal friendship with Secretary Jeh ance Units. bility, low drag/high angle of attack air- Johnson to transform the Office of In- Non-MDE include: frame and the ability to integrate the Hel- telligence and Analysis. Containers, spares and missile support, met Mounted Cueing System. The software I&A’s mission is to equip the Home- U.S. government and contractor technical algorithms are the most sensitive portion of land Security Enterprise with timely assistance, and other related elements of lo- the AIM–9X–2 missile. The software con- gistics support. tinues to be modified via a pre-planned pro- intelligence and information it needs (iv) Military Department: Navy (KS-P- duction improvement (P31) program in order to keep the homeland safe, secure, and AMA). to improve its counter-countermeasure capa- resilient. It provides critical intel- (v) Prior Related Cases, if any: FMS Case bilities. No software source code or algo- ligence to the leadership of the DHS KS-P-AKR, KS-P-AKZ. rithms will be released. The missile is classi- and its components; State, local, trib- (vi) Sales Commission, Fee, etc., Paid, Of- fied as CONFIDENTIAL. al, and territorial governments, and fered, or Agreed to be Paid: None. 2. The AIM–9X–2 will result in the transfer private sector partners. The office (vii) Sensitivity of Technology Contained of sensitive technology and information. The itself was formed after the creation of in the Defense Article or Defense Services equipment, hardware, and documentation Proposed to be Sold: See Annex Attached. are classified CONFIDENTIAL. The software DHS through the Homeland Security (viii) Date Report Delivered to Congress: and operation performance are classified SE- Act of 2002 and has seen significant January 31, 2017. CRET. The seeker/guidance control section change and disruption in its short life- * As defined in Section 47(6) of the Arms and the target detector are CONFIDENTIAL time. Due to Under Secretary Taylor’s Export Control Act. and contain sensitive state-of-the-art tech- leadership, I&A is much further along POLICY JUSTIFICATION nology. Manuals and technical documenta- on its vision of becoming a premier ele- Republic of Korea—AIM–9X–2 Sidewinder tion that are necessary for support oper- ment of the IC, driving information Missiles ational use and organizational management sharing and delivering unique pre- are classified to SECRET. Performance and The Government of the Republic of Korea operating logic of the counter-measures cir- dictive intelligence and analysis to op- (ROK) has requested a possible sale of sixty cuits are classified SECRET. The hardware, erators and decisionmakers at all lev- (60) AIM–9X–2 Sidewinder Block II All-up- software, and data identified are classified to els. Round Missiles and six (6) AIM–9X–2 Block II protect vulnerabilities, design and perform- During his confirmation hearing, Tactical Guidance Units, containers, spares ance parameters and similar critical infor- General Taylor was asked why I&A and missile support, U.S. Government and mation. contractor technical assistance, and other needed to exist, given the domestic 3. If a technologically advanced adversary related elements of logistics support. The es- mission of the FBI and the analytic were to obtain knowledge of the specific timated cost is $70 million. work of the National Counterterrorism hardware and software elements, the infor- This proposed sale contributes to the for- Center. He was asked to justify the of- mation could be used to develop counter- eign policy and national security of the measures which might reduce system effec- fice’s existence if it produced one ana- United States. The ROK is one of the major tiveness or be used in the development of a lytic product per employee per year. political and economic powers in East Asia system with similar or advanced capabili- Members questioned him on the need and the Western Pacific and a key partner of ties. for State and local fusion centers and the United States in ensuring peace and sta- 4. A determination has been made that the bility in the region. It is vital to U.S. na- the support provided to them by the recipient country can provide the same de- tional interests to assist our Korean ally in Federal Government. I focused my gree of protection for the sensitive tech- developing and maintaining a strong and questions on why an intelligence agen- nology being released as the U.S. Govern- ready self-defense capability. This sale in- cy should have more than 60 percent of ment. This sale is necessary in furtherance creases the ROK’s capability to participate of the U.S. foreign policy and national secu- its staffing come from a contractor in Pacific regional security operations and rity objectives outlined in the Policy Jus- workforce. improves its national security posture as a tification. As we begin 2017, those questions are key U.S. ally. no longer applicable. Under Secretary The ROK intends to use the AIM–9X–2 5. All defense articles and services listed in Sidewinder Block II missiles to supplement this transmittal have been authorized for re- Taylor has transformed the organiza- its existing inventory of AIM–9X–2 Block II lease and export to the Republic of Korea. tion. He removed internal I&A stove- missiles. The ROK will use the enhanced ca- f pipes and realigned the organization to pability as a deterrent to regional threats more closely reflect the intelligence TRIBUTE TO BRIGADIER GENERAL and to strengthen its homeland defense. The cycle. Where homeland intelligence ROK will have no difficulty absorbing these FRANCIS XAVIER TAYLOR analysis had too often relied on repack- additional missiles into its armed forces. Mrs. FEINSTEIN. Mr. President, aging products from other members of The proposed sale of this equipment and today I wish to recognize an extraor- the IC, DHS collection now forms the support does not affect the basic military dinary public servant and a dedicated balance in the region. basis of I&A production. Under Sec- The principal contractor is Raytheon Mis- leader of the U.S. intelligence commu- retary Taylor also ordered that fin- sile Systems Company, Tucson, AZ. At this nity, Brig. Gen. Francis Xavier Taylor, ished intelligence include DHS and time, there are no known offset agreements the Under Secretary for Intelligence State-local-tribal Partner data. Within proposed in connection with this potential and Analysis, I&A, at the Department 1 year, the organization achieved great sale. of Homeland Security. success on this front, ensuring 80 per- Implementation of this proposed sale will I had the pleasure of presiding as cent of finished intelligence in fiscal not require the assignment of any additional chairman of the Intelligence Com- year 2016 included unique homeland-de- U.S. Government or contractor representa- mittee for the confirmation hearing for tives to the Republic of Korea. However, U.S. rived data. Under his leadership, I&A is Government or contractor personnel in- General Taylor in 2014 and have wit- fulfilling the unique homeland-focused country visits will be required on a tem- nessed his leadership over the past 2 role that Congress intended. The con- porary basis in conjunction with program and a half years as I&A has made per- tract workforce is below 25 percent and technical oversight and support require- haps the most impressive progress of the office is producing valuable intel- ments. any intelligence agency over this time. ligence analysis, tips to law enforce- There will be no adverse impact on U.S. de- After nearly 40 years of honorable ment, compiling and improving the fense readiness as a result of this proposed service to our Nation, Under Secretary quality of DHS data for intelligence sale. Taylor retired on the last day of the purposes, strengthening our watch list- TRANSMITTAL NO. 16–85 Obama administration. ing capability, and lending expertise to Notice of Proposed Issuance of Letter of Prior to his work at DHS, Frank decision makers from the President Offer Pursuant to Section 36(b)(1) of the Taylor served for 31 years in the U.S. Arms Export Control Act down to the cop on the beat. Air Force and at the U.S. Department Under Secretary Taylor has worked Annex Item No. vii of State as an ambassador for counter- tirelessly to mature and strengthen the (vii) Sensitivity of Technology: terrorism and head of diplomatic secu- Department’s relationship with the 1. The AIM–9X–2 Block II Sidewinder Mis- rity. He also served as vice president of State and local fusion centers and sile represents a substantial increase in mis- sile acquisition and kinematics performance security at General Electric. For the make information sharing a priority, over the AIM–9M and replaces the AIM–9X past 2 years, he has applied the leader- changing the way the IC analyzes the Block I Missile configuration. The missile ship skills, understanding of security domestic threat picture. When I have includes a high off-bore sight seeker, en- at home and abroad, and his close per- visited my local fusion center in San

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There, he the back of a napkin, he became the the Field Analysis Report, FAR, an in- helped us to identify and address first American doctor to repair a dam- telligence report written by State and waste, fraud, and abuse in government aged esophagus using a tube made from local intelligence analysts in coordina- spending and financial improvement, the patient’s stomach. A year later, it tion with I&A for the State and local audit readiness, and business trans- became a standard procedure in the audience. This is an important develop- formation at our Federal agencies. United States. ment from intelligence handed down During my 2008 Presidential campaign, In 1964, based on those experiences from intelligence agencies inside the Justin served as a senior advance team during World War II operating without Federal beltway that, at times, misses lead. It was in that context that I was electricity in the Gobi desert, he in- the mark of what the local customer first introduced to Justin’s boundless vented the Heimlich chest drain valve, needs. FARs are among the most high- love of life and energy. which drained blood and air out of the ly rated finished intelligence products Justin also served as the director for chest to help those with gunshot coming out of I&A and are a direct re- candidate operations and advance for wounds or collapsed lungs. It all start- sult of General Taylor’s vision. the Scott Brown for Senate 2012 cam- ed with a toy noisemaker he found at a Under Secretary Taylor also took to paign; a financial systems analyst with dime store. He noticed that the toy had heart the need to invest in the work- the EMCOR Group; and a Navy/NASA a flutter valve, which he realized could force and address extremely low em- University Faculty Fellowship pro- be used as a model for a valve to pre- ployee morale. He has restructured the gram manager with the American Soci- vent fluids from flowing back into the workforce, drastically reducing the ety for Engineering Education, ASEE. lungs. ratio of supervisors to workers, Justin never took his young life for This invention was immediately used streamlining management and devel- granted. An avid runner and adven- to save the lives of American soldiers oping what he calls ‘‘seed corn’’— turous soul, Justin sought to improve serving in Vietnam, and more than 4 young, junior intelligence professionals himself by taking courses in further- million of these valves have sold since brought in to rejuvenate the organiza- ance of a master’s in national security then. tion and help develop a truly home- and strategic studies at the U.S. Naval In 1968, Dr. Heimlich moved to my land-focused workforce. Besides shift- War College, after having received a hometown of Cincinnati and became ing the balance of the staff, Under Sec- B.S. in business administration from surgery director of Jewish Hospital and retary Taylor focused on hiring, grow- the University of Florida and grad- professor of surgery at the University ing, and investing in the workforce and uating East Lake High School. Also, of Cincinnati. He taught at UC until ensuring that inherently governmental unbowed by his continuing struggle 1978, when he became a professor of ad- work is done by governmental employ- with cancer and always filled with vanced clinical science at Cincinnati’s ees and clear communication between hope, Justin married the love of his Xavier University. He taught at Xavier the workforce and the leadership. life, Elizabeth. until 1989. Members of the Intelligence Com- Justin will be forever remembered In 1974, he became famous around the mittee spend most of our time on inter- for the joy he brought to the lives of world for finding a better way to save national events and the often con- his family, friends, and colleagues with someone from choking. troversial practices of the CIA, NSA, his humor, energy, and selflessness. At that time, some 4,000 Americans and FBI. We have had the luxury in the Throughout his young life, Justin al- were dying every year from choking, recent past not to have to worry on the ways made sure that those closest to and it was one of the leading causes of intelligence coming from and provided him knew how important they were to accidental death. Many of those vic- to our homeland security professionals him. tims were kids who choked on small because of the leadership and uncom- Cindy and I extend our warmest con- toys. mon skill of Under Secretary Frank dolences to Justin’s wife, Elizabeth; his With a great feeling of compassion Taylor. We owe him a tremendous debt mother, Karen; his stepmother, Jean for them, Dr. Heimlich set out to find of gratitude. I wish to thank Under Nowakowski, with whom Justin was a solution. Whatever it was, it would Secretary Taylor for his decades of ex- exceptionally close; his siblings, Bryan have to be a quick and efficient solu- ceptional service to our country and to and Damon; his niece, Magdalena and tion because, within just 4 minutes of wish him and his wife, Connie, the very nephew Jackson. being deprived of oxygen, the brain be- best in the days and years ahead as he f comes irreversibly damaged. retires for the fourth time. Dr. Heimlich thought that the con- REMEMBERING DR. HENRY Thank you. ventional techniques used at that time HEIMLICH f were not just ineffective but actually Mr. PORTMAN. Mr. President, today harmful because they risked pushing REMEMBERING ROBERT JUSTIN I wish to pay tribute to the life of a fa- the blockage farther down the wind- STEVENS mous Ohioan, Dr. Henry Heimlich. pipe, making the problem worse. Mr. MCCAIN. Mr. President, I rise The son of Jewish immigrants who At Jewish Hospital in Cincinnati, Dr. today in fond memory of Robert Justin fled Central and Eastern Europe for a Heimlich led 2 years of research that Stevens, a former staffer of mine who better life in America, Henry Judah discovered a new, more effective tech- recently passed away—entirely too Heimlich spent his life helping others. nique of dislodging objects from the young—after a long, arduous fight with As a 21-year-old medical student, he esophagus: putting pressure just below cancer. was riding a train from Connecticut to the diaphragm to create upward air Justin was exemplary in his desire to New York City when the train derailed. pressure in the chest. Just days after it serve and his love for public policy and Henry rescued one of his fellow pas- was made public, a restaurant owner in politics. He was a dedicated public sengers that day. That was the first of Washington State used it to save some- servant who worked tirelessly to im- the many lives he would save. one’s life. prove the lives of Americans. Over the By 23, he had his medical degree. Two It was simple and easy—so simple last few years, Justin managed Federal years later, he left his internship at that, within a few years, a 5-year-old policy and advocacy for homeland se- Boston City Hospital to serve in the boy in Massachusetts used it to save curity, public safety, and military-re- Navy during World War II. He was sent one of his friends. You can even use it lated issues as legislative director with to treat American Marines and Chinese on yourself if necessary. the National Governors Association. soldiers in the Gobi desert of Inner As Dr. Heimlich put it, ‘‘the best Before that, Justin worked with me Mongolia, behind Japanese lines. In thing about it is that it allows anyone and later with Senator SCOTT Brown as those rugged conditions, he came up to use it to save a life.’’ Everyone can a professional staff member at the Sen- with a new solution to help there hun- and should learn this technique.

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We will miss him, but ida over the years. The Heimlich maneuver is estimated even in his absence, his ideas will live I would like to extend my sincere by some to have saved as many as on and continue to save lives. thanks and appreciation to Adele for 50,000 or even 100,000 lives just in Amer- Thank you. all the great work she has done and ica—not to mention countless others f wish her a happy retirement. around the world. f To put a face to these numbers, con- TRIBUTE TO LAYNE BANGERTER sider that the Heimlich maneuver has Mr. CRAPO. Mr. President, today I ADDITIONAL STATEMENTS saved the lives of future-President wish to recognize the outstanding work Ronald Reagan in 1976. It has saved the of a longtime member of my Senate lives of New York City Mayor Ed Koch, staff, Layne Bangerter, who has been TRIBUTE TO RON CHASTAIN basketball commentator Dick Vitale, appointed as special assistant to Presi- ∑ Mr. BOOZMAN. Mr. President, today news anchorman John Chancellor, tele- dent Donald Trump. I wish to recognize MG Ron Chastain vision personality Simon Cowell, as Layne has been a valued member of for his four decades of service to the well as actors Walter Matthau, Eliza- my staff for more than 13 years. Serv- State of Arkansas and to our Nation. beth Taylor, Marlene Dietrich, Carrie ing as director of agriculture and nat- For 32 years, he worked at the U.S. De- Fisher, Goldie Hawn, Nicole Kidman, ural resources, he has provided sound partment of Agriculture’s Farm Serv- and Halle Berry, and so many other counsel on critical issues for our State. ice Agency and served for the last 6 people who have touched our lives. The For example, Layne dedicated count- years as my Agricultural Liaison in maneuver has been used by Cincinnati less hours to crafting the Owyhee Pub- Arkansas. He has also enjoyed a distin- Reds third basemen Todd Frazier, lic Land Management Act and has guished military career in the Arkan- Israeli Prime Minister Ehud Barak at worked to ensure sound implementa- sas National Guard that spanned near- Camp David, and an 83-year-old Clint tion of the agreement. His well-honed ly four decades. Eastwood. ability to build relationships has been Ron was born and raised in Arkansas We have all benefited from this inno- key to the success of this and many and graduated from Arkansas Tech vative technique. other efforts. University with a degree in biology in This discovery, I think, really sums As a rancher and farmer, Layne has 1972. In 1974, he began his career with unique on-the-ground experience with up Dr. Heimlich’s life, because he used the USDA. He was the supervisory pro- how Federal policies affect land, water, to say that his focus was to find ‘‘sim- gram specialist in Arkansas and dealt and people. He also has significant un- ple, creative solutions to seemingly in- with Federal farm programs at the derstanding from his work for the U.S. surmountable health and medical prob- county, district, and State levels. He is Department of Agriculture Animal and lems.’’ Time and again, he did just a recipient of the USDA Service to Ag- Plant Health Inspection Service Wild- that, authoring more than 100 sci- riculture Award and also received rec- life Services and the U.S. Fish and entific papers and presenting more ognition for his suggestions that im- Wildlife Service. He has used this expe- than 250 medical lectures over his life- proved the administration of Federal rience to inform a number of critical time. farm programs. agricultural and natural resources In 1980, he invented the MicroTrach, At the same time, Major General a more efficient portable oxygen sys- issues, including wildlife, conservation, Chastain was a dedicated member of tem that, because of its smaller size, forestry, water, and agricultural pro- the Army National Guard serving our gave patients more mobility. In 1981, grams. He knows the right balance State and Nation on weekends, eve- Dr. Heimlich received the ‘‘Distin- needs to be struck between conserva- nings, and multiple overseas deploy- guished Service Award’’ from his col- tion and responsible natural resources ments. While in uniform, he honorably leagues with the American Society of practices and that the one-size-fits-all served as deputy commanding general Abdominal Surgeons, and he received approach never works in real America. for the Arkansas Army National Guard the 1984 ‘‘Arthur Lasker Award for Layne is the kind of guy that you want at the U.S. Army Forces Command, the Public Service’’ for his ‘‘simple, prac- in your corner—he listens, uses com- adjutant general of the Arkansas Na- tical, cost-free solution to a life- mon sense, and then works to come up threatening emergency, requiring nei- with the best possible solutions. tional Guard, as Chief of Staff, war- ther great strength, [nor] special equip- Layne is positive, encouraging, and time, of U.S. Forces Korea, commander ment [n]or elaborate training.’’ affable while also having a pragmatism of the 39th Brigade Combat Team in In 1985, Surgeon General C. Everett shaped by extensive experience. His in- Iraq, and commander of the 25th Rear Koop declared that the Heimlich ma- sight will no doubt be extremely valu- Operations Center during Operation neuver was the best method to be used able to the Trump administration. Desert Storm. A veteran of two wars, when someone is choking. From 1986 to While I will miss having Layne as a Major General Chastain was awarded 2005, the American Red Cross and the member of my staff, I wish him all the the Army Distinguished Service Medal, American Heart Association issued the best in this new endeavor and look for- Legion of Merit, and two Bronze Star same recommendation. ward to our continued friendship. medals. He has also been inducted into Dr. Heimlich’s medical career lasted Thank you, Layne, for your hard work the distinguished Arkansas Military some 70 years. In his final years, he re- on behalf of Idahoans and our country, Veterans’ Hall of Fame. mained active, swimming and exer- and congratulations on this next step In 2010, ‘‘the General’’ retired from cising regularly. Living at a retirement in your career. I wish you, Betsy, and the Arkansas Army National Guard. home run by Episcopal Retirement your wonderful family continued suc- Shortly thereafter, I called to con- Services in Cincinnati, he saved the cess. gratulate him on his impressive mili- life of an 87-year-old fellow resident f tary career, and during our conversa- named Patty Ris this past May using tion, he said he would be happy to help his famous maneuver. TRIBUTE TO ADELE GRIFFIN me in any way he could. I knew that he Dr. Heimlich passed away on Decem- Mr. RUBIO. Mr. President, today I could bring his unique experience and ber 17 at age 96 at Christ Hospital in want to recognize Adele Griffin, a long- expertise to help me represent the agri- Cincinnati. He was married to his won- time Senate staffer in my Jacksonville culture community in Arkansas, so I derful wife, Jane, for 61 years, and he is office, for her years of hard work; for asked him to join my staff. survived by his four children and three me, my staff, and the people of the As a member of my team, Major Gen- grandchildren. State of Florida. eral Chastain has been a professional

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.042 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S592 CONGRESSIONAL RECORD — SENATE February 1, 2017 and tireless advocate on behalf of Ar- miles per hour. This continuous inno- end of the system, where they could be kansas’ farmers and ranchers. The Ar- vation and reinvention adds an im- used more efficiently to prevent ill- kansas Farm Bureau recently recog- mense value to the numerous and di- ness, through patient care manage- nized his hard work and contribution verse industries that drones play a ment, case management and nutrition, to our State’s agriculture community. major role in, helping to drive the en- and by keeping people out of expensive Ron also educated thousands of young tire American economy forward. hospital settings. She also recognized Arkansans about the history and prop- Today xCraft offers seven drones of the critical need for all-inclusive and er care of the U.S. and Arkansas flags varying sizes and capabilities. There is integrated health care, including den- during his time with my office. no telling what their next innovation tal care and mental health services, in MG Ron Chastain dedicated his ca- will be, but I know it will be another both urban and rural communities reer to leading and serving others. I great contribution to their industry served by FQHC’s. want to thank him for all that he has and the many others that depend upon Elizabeth will be sorely missed. She done on behalf of Arkansas, and I wish it. It is my honor to recognize JD, is survived by her sisters Julia, Cyn- him well on his retirement. I know he Charles, and all of the employees at thia, and Judith and children Kalil, will enjoy spending more time with his xCraft Enterprises, LLC in Coeur Carmen, and Alexis.∑ d’Alene. Thank you for your commit- family and working on his farm. As a f model public servant for so many ment to innovation and for carrying on years, his retirement and all the rec- the entrepreneurial spirit that is so MESSAGES FROM THE PRESIDENT ognition he has garnered are well de- valued in our great State of Idaho. I Messages from the President of the served.∑ look forward to following your contin- United States were communicated to ued growth and success.∑ f the Senate by Mr. Pate, one of his sec- f retaries. RECOGNIZING xCRAFT ENTERPRISES, LLC REMEMBERING ELIZABETH f HOWARD SWAIN ∑ Mr. RISCH. Mr. President, my home EXECUTIVE MESSAGES REFERRED ∑ State of Idaho has long been known for Mr. SANDERS. Mr. President, today In executive session the Presiding Of- its incredible natural resources and vi- I wish to honor Elizabeth Howard ficer laid before the Senate messages brant agricultural economy. What Swain. Elizabeth was a lifelong cham- from the President of the United some may not know, though, is that pion of community health care centers, States submitting sundry nominations Idaho is also home to a burgeoning as well as the people they serve, and a which were referred to the appropriate technology industry, thanks to a num- wonderful colleague, mother, and committee. ber of impressive innovators who bring friend. (The messages received today are After graduating from Boston Uni- their entrepreneurial spirit and innova- printed at the end of the Senate pro- versity with a B.A. in sociology and a tions to our State. As chairman of the ceedings.) Senate Committee on Small Business master’s degree in political economics, Elizabeth moved with her family to Se- f and Entrepreneurship, it is my pleas- attle, WA. In 1981, she began working ure to recognize one of these great MESSAGES FROM THE HOUSE at Seattle’s 45th Street Clinic, a Feder- innovators, xCraft Enterprises, LLC in At 12:01 p.m., a message from the ally Qualified Health Center, FQHC, Coeur d’Alene, as the Senate Small House of Representatives, delivered by and eventually became the executive Business of the Month for January 2017. Mr. Novotny, one of its reading clerks, director, a position she held for 10 xCraft has made Idaho proud with their announced that the House has passed years. Elizabeth founded the Commu- considerable success and continuous in- the following bills, in which it requests nity Health Plan of Washington and novation in and contribution to the un- the concurrence of the Senate: worked as the regional health officer at manned aerial vehicle, UAV, or drone, Public Health of Seattle and King H.R. 58. An act to require the Secretary of Homeland Security to submit a study on the industry. County, as well as the assistant vice Cofounder and CEO JD Claridge has circumstances which may impact the effec- president for public policy for the Com- always had a passion for flight. He tiveness and availability of first responders munity Health Network of Washington. before, during, or after a terrorist threat or built numerous flying toys as a child, In 2005, Elizabeth was recruited to be and at the age of just 7, he constructed event, and for other purposes. CEO of the Community Health Care As- H.R. 276. An act to amend title 49, United a hang glider and even convinced a sociation of New York State, an advo- States Code, to ensure reliable air service in friend to test it. JD harnessed this life- cacy organization that supports more American Samoa. long love of flying and started xCraft than 65 FQHCs. In Albany, she was a H.R. 347. An act to amend the Homeland Enterprises, LLC, along with fellow strong advocate for community-based Security Act of 2002 to provide for require- aviation enthusiast, Charles Manning. primary care and was known for her ments relating to documentation for major Their vision for the company was to acquisition programs, and for other pur- ability to bring rival forces together poses. develop small, powerful, long-range and create partners out of adversaries. drones that serve the needs of both H.R. 366. An act to amend the Homeland Elizabeth also championed FQHC’s Security Act of 2002 to direct the Under Sec- hobbyists and commercial customers. and the importance of community- retary for Management of the Department of With the expertise and skills of their based primary care in the American Homeland Security to make certain im- team of highly educated engineers and health system in regular meetings with provements in managing the Department’s business people, they have turned their members and staff of the U.S. Senate vehicle fleet, and for other purposes. aviation dream into a successful small Health, Education, Labor, and Pension H.R. 437. An act to amend the Homeland business endeavor. Committee. While Elizabeth was grate- Security Act of 2002 to codify authority xCraft’s patent-pending drones are ful that I secured significant funding under existing grant guidance authorizing use of Urban Area Security Initiative and built with lightweight materials that for FQHCs through the Affordable Care allow for long-range flight and are also State Homeland Security Grant Program Act, as a strong supporter of universal funding for enhancing medical preparedness, capable of flying preprogrammed GPS- health care, she was disappointed that medical surge capacity, and mass prophy- enabled flight paths. Notably, the com- neither the ‘‘public option’’ provision, laxis capabilities. pany has designed a drone which has much less a single-payer Medicare for H.R. 505. An act to amend the Homeland the ability to carry and utilize a all plan, were part of the ACA. Eliza- Security Act of 2002 to strengthen account- smartphone, making it possible to link beth remained true to her commitment ability for deployment of border security advanced smartphone technology to an to provide quality health care for all technology at the Department of Homeland economically priced small drone. In ad- Americans, and she did all of this with Security, and for other purposes. dition, xCraft has been recognized as a H.R. 526. An act to amend the Homeland tremendous energy and compassion for Security Act of 2002 to establish in the De- leader in the UAV and technology in- the most vulnerable and medically un- partment of Homeland Security a board to dustries for producing one of the fast- derserved populations. coordinate and integrate departmental intel- est racing drones available on the mar- Elizabeth understood the need to ligence, activities, and policy related to ket today, exceeding speeds of 100 move health care dollars into the front counterterrorism, and for other purposes.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.038 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S593 H.R. 549. An act to amend the Imple- MEASURES REFERRED rity information related to cyber threats, menting Recommendations of the 9/11 Com- and for other purposes; to the Committee on mission Act of 2007 to clarify certain allow- The following bills were read the first Homeland Security and Governmental Af- able uses of funds for public transportation and the second times by unanimous fairs. security assistance grants and establish peri- consent, and referred as indicated: H.R. 612. An act to establish a grant pro- ods of performance for such grants, and for H.R. 58. An act to require the Secretary of gram at the Department of Homeland Secu- other purposes. Homeland Security to submit a study on the rity to promote cooperative research and de- H.R. 584. An act to amend the Homeland circumstances which may impact the effec- velopment between the United States and Security Act of 2002 to enhance preparedness tiveness and availability of first responders Israel on cybersecurity; to the Committee on and response capabilities for cyber attacks, before, during, or after a terrorist threat or Homeland Security and Governmental Af- bolster the dissemination of homeland secu- event, and for other purposes; to the Com- fairs. rity information related to cyber threats, mittee on Homeland Security and Govern- H.R. 642. An act to amend the Homeland and for other purposes. mental Affairs. Security Act of 2002 to enhance the partner- H.R. 612. An act to establish a grant pro- H.R. 276. An act a bill to amend title 49, ship between the Department of Homeland gram at the Department of Homeland Secu- United States Code, to ensure reliable air Security and the National Network of Fu- rity to promote cooperative research and de- service in American Samoa; to the Com- sion Centers, and for other purposes; to the velopment between the United States and mittee on Commerce, Science, and Transpor- Committee on Homeland Security and Gov- Israel on cybersecurity. tation. ernmental Affairs. H.R. 642. An act to amend the Homeland H.R. 339. An act to amend Public Law 94– H.R. 655. An act to amend the Homeland Security Act of 2002 to enhance the partner- 241 with respect to the Northern Mariana Is- Security Act of 2002 to establish the Secur- ship between the Department of Homeland lands; to the Committee on Energy and Nat- ing the Cities program to enhance the ability Security and the National Network of Fu- ural Resources. of the United States to detect and prevent sion Centers, and for other purposes. H.R. 347. An act to amend the Homeland H.R. 655. An act to amend the Homeland terrorist attacks and other high consequence Security Act of 2002 to provide for require- Security Act of 2002 to establish the Secur- events utilizing nuclear or other radiological ments relating to documentation for major ing the Cities program to enhance the ability materials that pose a high risk to homeland acquisition programs, and for other pur- of the United States to detect and prevent security in high-risk urban areas, and for poses; to the Committee on Homeland Secu- terrorist attacks and other high consequence other purposes; to the Committee on Home- rity and Governmental Affairs. events utilizing nuclear or other radiological land Security and Governmental Affairs. H.R. 366. An act to amend the Homeland materials that pose a high risk to homeland H.R. 665. An act to modernize and enhance Security Act of 2002 to direct the Under Sec- security in high-risk urban areas, and for airport perimeter and access control security retary for Management of the Department of other purposes. by requiring updated risk assessments and Homeland Security to make certain im- H.R. 665. An act to modernize and enhance the development of security strategies, and provements in managing the Department’s airport perimeter and access control security for other purposes; to the Committee on vehicle fleet, and for other purposes; to the by requiring updated risk assessments and Commerce, Science, and Transportation. Committee on Homeland Security and Gov- the development of security strategies, and H.R. 666. An act to amend the Homeland ernmental Affairs. for other purposes. Security Act of 2002 to establish the Insider H.R. 666. An act to amend the Homeland H.R. 381. An act to designate a mountain in Threat Program, and for other purposes; to Security Act of 2002 to establish the Insider the John Muir Wilderness of the Sierra Na- the Committee on Homeland Security and Threat Program, and for other purposes. tional Forest as ‘‘Sky Point’’ ; to the Com- Governmental Affairs. H.R. 677. An act to amend the Homeland mittee on Energy and Natural Resources. H.R. 677. An act to amend the Homeland Security Act of 2002 to establish chemical, H.R. 437. An act to amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intel- Security Act of 2002 to codify authority biological, radiological, and nuclear intel- ligence and information sharing functions of under existing grant guidance authorizing ligence and information sharing functions of the Office of Intelligence and Analysis of the use of Urban Area Security Initiative and the Office of Intelligence and Analysis of the Department of Homeland Security and to re- State Homeland Security Grant Program Department of Homeland Security and to re- quire dissemination of information analyzed funding for enhancing medical preparedness, quire dissemination of information analyzed by the Department to entities with respon- medical surge capacity, and mass prophy- by the Department to entities with respon- sibilities relating to homeland security, and laxis capabilities; to the Committee on sibilities relating to homeland security, and for other purposes. Homeland Security and Governmental Af- for other purposes; to the Committee on H.R. 678. An act to require an assessment fairs. Homeland Security and Governmental Af- H.R. 505. An act to amend the Homeland of fusion center personnel needs, and for fairs. Security Act of 2002 to strengthen account- other purposes. H.R. 678. An act to require an assessment ability for deployment of border security H.R. 687. An act to amend the Homeland of fusion center personnel needs, and for technology at the Department of Homeland Security Act of 2002 to establish a process to other purposes; to the Committee on Home- Security, and for other purposes; to the Com- review applications for certain grants to pur- land Security and Governmental Affairs. mittee on Homeland Security and Govern- chase equipment or systems that do not H.R. 687. An act to amend the Homeland mental Affairs. meet or exceed any applicable national vol- Security Act of 2002 to establish a process to H.R. 526. An act to amend the Homeland untary consensus standards, and for other review applications for certain grants to pur- Security Act of 2002 to establish in the De- purposes. chase equipment or systems that do not partment of Homeland Security a board to H.R. 690. An act to amend the Homeland meet or exceed any applicable national vol- coordinate and integrate departmental intel- Security Act of 2002 to enhance certain du- untary consensus standards, and for other ligence, activities, and policy related to ties of the Domestic Nuclear Detection Of- purposes; to the Committee on Homeland Se- counterterrorism, and for other purposes; to fice, and for other purposes. curity and Governmental Affairs. the Committee on Homeland Security and H.R. 697. An act to amend the Homeland H.R. 690. An act to amend the Homeland Security Act of 2002 to improve the manage- Governmental Affairs. H.R. 538. An act to redesignate Ocmulgee Security Act of 2002 to enhance certain du- ment and administration of the security ties of the Domestic Nuclear Detection Of- clearance processes throughout the Depart- National Monument in the State of Georgia and revise its boundary, and for other pur- fice, and for other purposes; to the Com- ment of Homeland Security, and for other mittee on Homeland Security and Govern- purposes. poses; to the Committee on Energy and Nat- ural Resources. mental Affairs. At 5:08 p.m., a message from the H.R. 549. An act to amend the Imple- H.R. 697. An act to amend the Homeland Security Act of 2002 to improve the manage- House of Representatives, delivered by menting Recommendations of the 9/11 Com- mission Act of 2007 to clarify certain allow- ment and administration of the security Mr. Novotny, one of its reading clerks, clearance processes throughout the Depart- announced that the House has passed able uses of funds for public transportation security assistance grants and establish peri- ment of Homeland Security, and for other the following joint resolutions, in ods of performance for such grants, and for purposes; to the Committee on Homeland Se- which it requests the concurrence of other purposes; to the Committee on Home- curity and Governmental Affairs. the Senate: land Security and Governmental Affairs. H.J. Res. 38. Joint resolution disapproving H.R. 558. An act to adjust the boundary of f the rule submitted by the Department of the the Kennesaw Mountain National Battlefield Interior known as the Stream Projection Park to include the Wallis House and MEASURES READ THE FIRST TIME Rule. Harriston Hill, and for other purposes; to the H.J. Res. 41. Joint resolution providing for Committee on Energy and Natural Re- The following bill was read the first congressional disapproval under chapter 8 of sources. time: title 5, United States Code, of a rule sub- H.R. 584. An act to amend the Homeland S. 274. A bill to nullify the effect of the re- mitted by the Securities and Exchange Com- Security Act of 2002 to enhance preparedness cent executive order that temporarily re- mission relating to ‘‘Disclosure of Payments and response capabilities for cyber attacks, stricted individuals from certain countries by Resource Extraction Issuers’’. bolster the dissemination of homeland secu- from entering the United States.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.019 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S594 CONGRESSIONAL RECORD — SENATE February 1, 2017 REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND S. 259. A bill to modify the prohibition on JOINT RESOLUTIONS recognition by United States courts of cer- The following reports of committees tain rights relating to certain marks, trade were submitted: The following bills and joint resolu- names, or commercial names; to the Com- By Mr. ROBERTS, from the Committee on tions were introduced, read the first mittee on the Judiciary. Agriculture, Nutrition, and Forestry, with- and second times by unanimous con- By Mr. CORNYN (for himself, Mr. out amendment: sent, and referred as indicated: RISCH, Mr. ROBERTS, Mr. PORTMAN, S. Res. 30. An original resolution author- By Mr. UDALL (for himself and Mr. Mr. TILLIS, Mr. CASSIDY, Mr. RUBIO, RASSLEY C AIN izing expenditures by the Committee on Ag- HEINRICH): Mr. G , Mr. M C , Mr. riculture, Nutrition, and Forestry. S. 249. A bill to provide that the pueblo of INHOFE, Mr. FLAKE, Mr. HELLER, Mr. By Ms. COLLINS, from the Special Com- Santa Clara may lease for 99 years certain THUNE, Mr. DAINES, Mr. MORAN, Mr. mittee on Aging, without amendment: restricted land, and for other purposes; to BLUNT, Mr. COCHRAN, Mr. SCOTT, Mr. S. Res. 31. An original resolution author- the Committee on Indian Affairs. TOOMEY, Mr. JOHNSON, Mr. ISAKSON, izing the expenditures by the Special Com- By Mr. SCHATZ (for himself, Ms. HAS- Mr. SHELBY, and Mr. WICKER): S. 260. A bill to repeal the provisions of the mittee on Aging. SAN, Mrs. SHAHEEN, Ms. HIRONO, and Patient Protection and Affordable Care Act By Mr. RISCH, from the Committee on Ms. CANTWELL): Small Business and Entrepreneurship, with- S. 250. A bill to prohibit any hiring freeze providing for the Independent Payment Ad- out amendment: from affecting any Department of Defense visory Board; to the Committee on Finance. S. Res. 32. An original resolution author- position at, or in support of, a public ship- By Mr. BLUNT (for himself, Mr. KING, izing expenditures by the Committee on yard; to the Committee on Armed Services. Mrs. MCCASKILL, Mr. MCCAIN, Mr. BOOZMAN, Mr. SCOTT, and Ms. Small Business and Entrepreneurship. By Mr. WYDEN (for himself, Mr. HEIN- HEITKAMP): By Ms. MURKOWSKI, from the Committee RICH, and Ms. STABENOW): S. 261. A bill to amend the Federal Food, on Energy and Natural Resources, without S. 251. A bill to repeal the Independent Drug, and Cosmetic Act to improve and clar- amendment: Payment Advisory Board in order to ensure ify certain disclosure requirements for res- S. Res. 33. An original resolution author- that it cannot be used to undermine the taurants and similar retail food establish- izing expenditures by the Committee on En- Medicare entitlement for beneficiaries; to ments, and to amend the authority to bring ergy and Natural Resources. the Committee on Finance. proceedings under section 403A; to the Com- By Mr. JOHNSON, from the Committee on By Mr. NELSON (for himself, Mr. mittee on Health, Education, Labor, and Homeland Security and Governmental Af- LEAHY, Mr. DURBIN, Mr. KING, Mr. Pensions. fairs, without amendment: REED, Mr. BLUMENTHAL, Mr. BROWN, By Mrs. CAPITO (for herself, Mr. S. Res. 34. An original resolution author- Ms. STABENOW, Mr. SANDERS, Ms. BROWN, Mr. PORTMAN, Mr. CASEY, and izing expenditures by the Committee on BALDWIN, Ms. HIRONO, Mr. UDALL, Mr. Ms. STABENOW): Homeland Security and Governmental Af- FRANKEN, Ms. KLOBUCHAR, and Mr. fairs. S. 262. A bill to amend the Internal Rev- WHITEHOUSE): enue Code of 1986 to extend and modify the By Mr. HOEVEN, from the Committee on S. 252. A bill to amend title XVIII of the Indian Affairs, without amendment: section 45 credit for refined coal from steel Social Security Act to require drug manufac- industry fuel, and for other purposes; to the S. Res. 36. An original resolution author- turers to provide drug rebates for drugs dis- izing expenditures by the Senate Committee Committee on Finance. pensed to low-income individuals under the By Mrs. CAPITO (for herself, Mr. on Indian Affairs. Medicare prescription drug benefit program; FLAKE, Mr. MANCHIN, Mrs. FISCHER, By Mr. CORKER, from the Committee on to the Committee on Finance. Foreign Relations, without amendment: Mr. CORNYN, and Mr. INHOFE): By Mr. CARDIN (for himself, Ms. COL- S. 263. A bill to facilitate efficient State S. Res. 37. An original resolution author- LINS, Mr. CASEY, and Mr. HELLER): izing expenditures by the Committee on For- implementation of ground-level ozone stand- S. 253. A bill to amend title XVIII of the ards, and for other purposes; to the Com- eign Relations. Social Security Act to repeal the Medicare By Mr. ALEXANDER, from the Committee mittee on Environment and Public Works. outpatient rehabilitation therapy caps; to By Mr. LANKFORD (for himself and on Health, Education, Labor, and Pensions, the Committee on Finance. without amendment: Mr. PAUL): By Mr. UDALL (for himself, Ms. MUR- S. 264. A bill to amend the Internal Rev- S. Res. 39. An original resolution author- KOWSKI, Ms. HEITKAMP, Mr. TESTER, enue Code of 1986 to allow charitable organi- izing expenditures by the Committee on Mr. FRANKEN, Mr. HEINRICH, and Mr. zations to make statements relating to polit- Health, Education, Labor, and Pensions. SCHATZ): ical campaigns if such statements are made By Mr. THUNE, from the Committee on S. 254. A bill to amend the Native Amer- in ordinary course of carrying out its tax ex- Commerce, Science, and Transportation, ican Programs Act of 1974 to provide flexi- empt purpose; to the Committee on Finance. without amendment: bility and reauthorization to ensure the sur- By Ms. BALDWIN (for herself, Ms. H.R. 255. An act to authorize the National vival and continuing vitality of Native WARREN, Mr. BLUMENTHAL, Mr. Science Foundation to support entrepre- American languages; to the Committee on SCHATZ, Mr. VAN HOLLEN, and Mr. neurial programs for women. Indian Affairs. MERKLEY): H.R. 321. An act to inspire women to enter By Mr. SCHATZ (for himself, Mr. S. 265. A bill to prevent conflicts of inter- the aerospace field, including science, tech- BROWN, Mrs. MURRAY, Mr. CARDIN, est that stem from executive Government nology, engineering, and mathematics, and Mr. VAN HOLLEN): employees receiving bonuses or other com- through mentorship and outreach. S. 255. A bill to increase the rates of pay pensation arrangements from nongovern- f under the General Schedule and other statu- ment sources, from the revolving door that tory pay systems and for prevailing rate em- raises concerns about the independence of fi- EXECUTIVE REPORTS OF ployees by 3.2 percent, and for other pur- COMMITTEES nancial services regulators, and from the re- poses; to the Committee on Homeland Secu- volving door that casts aspersions over the The following executive reports of rity and Governmental Affairs. awarding of Government contracts and other nominations were submitted: By Ms. HEITKAMP (for herself and Ms. financial benefits; to the Committee on COLLINS): Homeland Security and Governmental Af- By Mr. HATCH for the Committee on Fi- S. 256. A bill to establish the Stop, Ob- nance. fairs. serve, Ask, and Respond to Health and By Mr. HATCH (for himself and Mr. *Steven T. Mnuchin, of California, to be Wellness Training pilot program to address Secretary of the Treasury. CARDIN): human trafficking in the health care system; S. 266. A bill to award the Congressional *Thomas Price, of Georgia, to be Secretary to the Committee on Health, Education, Gold Medal to Anwar Sadat in recognition of of Health and Human Services. Labor, and Pensions. his heroic achievements and courageous con- By Mr. GRASSLEY for the Committee on By Mr. KING (for himself and Ms. COL- tributions to peace in the Middle East; to the the Judiciary. LINS): Committee on Banking, Housing, and Urban Jeff Sessions, of Alabama, to be Attorney S. 257. A bill to clarify the boundary of Affairs. General. Acadia National Park, and for other pur- By Mr. SULLIVAN (for himself and Ms. *Nomination was reported with rec- poses; to the Committee on Energy and Nat- MURKOWSKI): ommendation that it be confirmed sub- ural Resources. S. 267. A bill to provide for the correction ject to the nominee’s commitment to By Mr. NELSON (for himself and Mr. of a survey of certain land in the State of respond to requests to appear and tes- RUBIO): Alaska; to the Committee on Energy and tify before any duly constituted com- S. 258. A bill to provide for the restoration Natural Resources. of legal rights for claimants under holo- By Mr. YOUNG (for himself and Mr. mittee of the Senate. caust-era insurance policies; to the Com- RUBIO): (Nominations without an asterisk mittee on the Judiciary. S. 268. A bill to provide the legal frame- were reported with the recommenda- By Mr. NELSON (for himself, Mr. work necessary for the growth of innovative tion that they be confirmed.) RUBIO, and Mr. MENENDEZ): private financing options for students to

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.024 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S595 fund postsecondary education, and for other the annual proposal of the Independent Medi- By Mr. CORKER: purposes; to the Committee on Finance. care Advisory Board under section 1899A of S. Res. 37. An original resolution author- By Ms. MURKOWSKI (for herself and the Social Security Act; to the Committee izing expenditures by the Committee on For- Mr. SULLIVAN): on Finance. eign Relations; from the Committee on For- S. 269. A bill to provide for the conveyance By Mr. SULLIVAN (for himself and Ms. eign Relations; to the Committee on Rules of certain property to the Tanana Tribal MURKOWSKI): and Administration. Council located in Tanana, Alaska, and to S.J. Res. 18. A joint resolution providing By Ms. HIRONO (for herself, Mr. SAND- the Bristol Bay Area Health Corporation lo- for congressional disapproval under chapter 8 ERS, Mr. WYDEN, Mr. BOOKER, Mr. cated in Dillingham, Alaska, and for other of title 5, United States Code, of the final SCHATZ, Mr. BROWN, Mr. WHITEHOUSE, purposes; to the Committee on Indian Af- rule submitted by the Department of the In- Ms. CANTWELL, Ms. WARREN, Mr. fairs. terior relating to Non-Subsistence Take of BLUMENTHAL, Mr. MERKLEY, Mr. By Mr. ENZI (for himself, Mr. ALEX- Wildlife, and Public Participation and Clo- KAINE, Mrs. MURRAY, Mr. COONS, and ANDER, Mr. PORTMAN, and Mr. ISAK- sure Procedures, on National Wildlife Ref- Mr. DURBIN): SON): uges in Alaska; to the Committee on Energy S. Res. 38. A resolution recognizing Janu- S. 270. A bill to prohibit the use of pre- and Natural Resources. ary 30, 2017, as ‘‘Fred Korematsu Day of Civil miums paid to the Pension Benefit Guaranty By Mr. PERDUE (for himself, Mr. COT- Liberties and the Constitution’’; to the Com- Corporation as an offset for other Federal TON, Mr. ISAKSON, Mr. JOHNSON, Mr. mittee on the Judiciary. spending; to the Committee on the Budget. LANKFORD, Mr. LEE, and Mr. By Mr. ALEXANDER: By Mrs. FISCHER: ROUNDS): S. Res. 39. An original resolution author- S. 271. A bill to strengthen highway fund- S.J. Res. 19. A joint resolution providing izing expenditures by the Committee on ing in the near term, to offer States addi- for congressional disapproval under chapter 8 Health, Education, Labor, and Pensions; tional financing tools, and for other pur- of title 5, United States Code, of the rule from the Committee on Health, Education, poses; to the Committee on Homeland Secu- submitted by the Bureau of Consumer Finan- Labor, and Pensions; to the Committee on rity and Governmental Affairs. cial Protection relating to prepaid accounts Rules and Administration. By Mr. SCHATZ (for himself, Mr. under the Electronic Fund Transfer Act and By Ms. HEITKAMP (for herself, Mr. BROWN, Ms. WARREN, and Mr. the Truth in Lending Act; to the Committee LANKFORD, Ms. STABENOW, Ms. BALD- MERKLEY): on Banking, Housing, and Urban Affairs. WIN, Mr. SCHATZ, Mr. UDALL, Mr. S. 272. A bill to enhance the security oper- THUNE, Mr. MORAN, Mr. TESTER, Mr. f ations of the Transportation Security Ad- HEINRICH, Mr. DAINES, Mr. HOEVEN, ministration and the stability of the trans- SUBMISSION OF CONCURRENT AND Ms. KLOBUCHAR, Mrs. MURRAY, Mr. portation security workforce by applying a SENATE RESOLUTIONS FRANKEN, Mr. PETERS, Ms. HIRONO, unified personnel system under title 5, and Mr. BARRASSO): United States Code, to employees of the The following concurrent resolutions S. Res. 40. A resolution designating the Transportation Security Administration who and Senate resolutions were read, and week beginning on February 5, 2017, as ‘‘Na- are responsible for screening passengers and referred (or acted upon), as indicated: tional Tribal Colleges and Universities property, and for other purposes; to the Com- Week’’; considered and agreed to. mittee on Commerce, Science, and Transpor- By Mr. ROBERTS: S. Res. 30. An original resolution author- By Ms. KLOBUCHAR (for herself, Mr. tation. PERDUE, Ms. HIRONO, Mr. CRAPO, and By Mr. RISCH (for himself, Mr. CRAPO, izing expenditures by the Committee on Ag- riculture, Nutrition, and Forestry; from the Mrs. FEINSTEIN): Mr. HATCH, Mr. HELLER, Mr. LEE, Mr. S. Res. 41. A resolution raising awareness DAINES, and Mr. ENZI): Committee on Agriculture, Nutrition, and Forestry; to the Committee on Rules and Ad- and encouraging the prevention of stalking S. 273. A bill to provide for the protection by designating January 2017 as ‘‘National and recovery of the greater sage-grouse by ministration. By Ms. COLLINS: Stalking Awareness Month’’; considered and facilitating State recovery plans, and for agreed to. other purposes; to the Committee on Envi- S. Res. 31. An original resolution author- ronment and Public Works. izing the expenditures by the Special Com- f By Mrs. FEINSTEIN (for herself, Mr. mittee on Aging; from the Special Com- ADDITIONAL COSPONSORS SCHUMER, Mr. DURBIN, Ms. KLO- mittee on Aging; to the Committee on Rules BUCHAR, Mr. BLUMENTHAL, Mr. and Administration. S. 18 WYDEN, Ms. CANTWELL, Mr. UDALL, By Mr. RISCH: At the request of Mr. MORAN, the Mr. VAN HOLLEN, Mr. MURPHY, Mrs. S. Res. 32. An original resolution author- name of the Senator from Oklahoma izing expenditures by the Committee on GILLIBRAND, Mr. MERKLEY, Mr. CAR- (Mr. LANKFORD) was added as a cospon- PER, Mr. SANDERS, Mr. MARKEY, Ms. Small Business and Entrepreneurship; from the Committee on Small Business and Entre- sor of S. 18, a bill to promote freedom, BALDWIN, Mr. CARDIN, Mr. HEINRICH, fairness, and economic opportunity by Ms. HASSAN, Mr. BROWN, Ms. STABE- preneurship; to the Committee on Rules and repealing the income tax and other NOW, Ms. CORTEZ MASTO, Mr. KAINE, Administration. Ms. HARRIS, Mr. LEAHY, Mr. PETERS, By Ms. MURKOWSKI: taxes, abolishing the Internal Revenue Mr. COONS, Mr. MENENDEZ, Mrs. MUR- S. Res. 33. An original resolution author- Service, and enacting a national sales RAY, Mr. BOOKER, Mr. WHITEHOUSE, izing expenditures by the Committee on En- tax to be administered primarily by Mr. FRANKEN, Ms. HIRONO, Ms. WAR- ergy and Natural Resources; from the Com- the States. mittee on Energy and Natural Resources; to REN, Mr. KING, Mr. CASEY, Mr. WAR- S. 55 NER, Mr. REED, Mr. SCHATZ, Mrs. the Committee on Rules and Administration. At the request of Mrs. GILLIBRAND, SHAHEEN, Ms. DUCKWORTH, and Mr. By Mr. JOHNSON: BENNET): S. Res. 34. An original resolution author- the name of the Senator from New S. 274. A bill to nullify the effect of the re- izing expenditures by the Committee on York (Mr. SCHUMER) was added as a co- cent executive order that temporarily re- Homeland Security and Governmental Af- sponsor of S. 55, a bill to authorize the stricted individuals from certain countries fairs; from the Committee on Homeland Se- Secretary of the Interior to conduct a from entering the United States; read the curity and Governmental Affairs; to the special resource study of Fort Ontario Committee on Rules and Administration. first time. in the State of New York. By Mr. WYDEN (for himself, Mr. HEIN- By Mr. CARDIN (for himself, Mr. S. 82 RICH, and Ms. STABENOW): RUBIO, Mr. DURBIN, Mr. COTTON, Mr. S.J. Res. 16. A joint resolution approving MENENDEZ, Mr. BLUNT, Mr. NELSON, At the request of Mr. REED, the name the discontinuation of the process for consid- Mr. GARDNER, Mr. KAINE, and Mr. of the Senator from Wisconsin (Ms. eration and automatic implementation of PERDUE): BALDWIN) was added as a cosponsor of the annual proposal of the Independent Medi- S. Res. 35. A resolution expressing pro- S. 82, a bill to amend the Internal Rev- care Advisory Board under section 1899A of found concern about the ongoing political, enue Code of 1986 to expand the denial the Social Security Act; to the Committee economic, social and humanitarian crisis in on Finance. Venezuela, urging the release of political of deduction for certain excessive em- By Mr. CORNYN (for himself, Mr. prisoners, and calling for respect of constitu- ployee remuneration, and for other RISCH, Mr. ROBERTS, Mr. PORTMAN, tional and democratic processes, including purposes. Mr. CASSIDY, Mr. GRASSLEY, Mr. free and fair elections; to the Committee on S. 87 MCCAIN, Mr. INHOFE, Mr. HELLER, Mr. Foreign Relations. At the request of Mr. TOOMEY, the THUNE, Mr. DAINES, Mr. MORAN, Mr. By Mr. HOEVEN: name of the Senator from Mississippi JOHNSON, Mr. ISAKSON, and Mr. S. Res. 36. An original resolution author- (Mr. COCHRAN) was added as a cospon- SCOTT): izing expenditures by the Senate Committee S.J. Res. 17. A joint resolution approving on Indian Affairs; from the Committee on In- sor of S. 87, a bill to ensure that State the discontinuation of the process for consid- dian Affairs; to the Committee on Rules and and local law enforcement may cooper- eration and automatic implementation of Administration. ate with Federal officials to protect

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.022 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S596 CONGRESSIONAL RECORD — SENATE February 1, 2017 our communities from violent crimi- (Mr. JOHNSON) was added as a cosponsor S.J. RES. 14 nals and suspected terrorists who are of S. 236, a bill to amend the Internal At the request of Mr. GRASSLEY, the illegally present in the United States. Revenue Code of 1986 to reform tax- names of the Senator from Mississippi S. 96 ation of alcoholic beverages. (Mr. WICKER), the Senator from Mis- At the request of Ms. KLOBUCHAR, the S. 240 sissippi (Mr. COCHRAN), the Senator name of the Senator from Maine (Mr. At the request of Mrs. FEINSTEIN, the from Oklahoma (Mr. INHOFE) and the KING) was added as a cosponsor of S. 96, names of the Senator from Hawaii (Mr. Senator from Nevada (Mr. HELLER) a bill to amend the Communications SCHATZ), the Senator from Colorado were added as cosponsors of S.J. Res. Act of 1934 to ensure the integrity of (Mr. BENNET), the Senator from Illinois 14, a joint resolution providing for con- voice communications and to prevent (Ms. DUCKWORTH) and the Senator from gressional disapproval under chapter 8 unjust or unreasonable discrimination New Hampshire (Mrs. SHAHEEN) were of title 5, United States Code, of the among areas of the United States in added as cosponsors of S. 240, a bill to rule submitted by the Social Security the delivery of such communications. nullify the effect of the recent execu- Administration relating to Implemen- S. 175 tive order that temporarily restricted tation of the NICS Improvement At the request of Mr. MANCHIN, the individuals from certain countries Amendments Act of 2007. name of the Senator from Alaska (Ms. from entering the United States. S. CON. RES. 6 MURKOWSKI) was added as a cosponsor S. 247 At the request of Mr. BARRASSO, the of S. 175, a bill to amend the Surface At the request of Ms. STABENOW, the names of the Senator from Montana Mining Control and Reclamation Act of names of the Senator from Minnesota (Mr. TESTER) and the Senator from Wy- 1977 to transfer certain funds to the (Mr. FRANKEN) and the Senator from oming (Mr. ENZI) were added as cospon- Multiemployer Health Benefit Plan Pennsylvania (Mr. CASEY) were added sors of S. Con. Res. 6, a concurrent res- and the 1974 United Mine Workers of as cosponsors of S. 247, a bill to provide olution supporting the Local Radio America Pension Plan, and for other an incentive for businesses to bring Freedom Act. purposes. jobs back to America. S. RES. 18 S. 178 S. 248 At the request of Mr. COONS, the At the request of Mr. GRASSLEY, the name of the Senator from Oregon (Mr. name of the Senator from Florida (Mr. At the request of Mr. MURPHY, the names of the Senator from Delaware MERKLEY) was added as a cosponsor of RUBIO) was added as a cosponsor of S. (Mr. CARPER), the Senator from New S. Res. 18, a resolution reaffirming the 178, a bill to prevent elder abuse and United States-Argentina partnership exploitation and improve the justice York (Mrs. GILLIBRAND), the Senator from Vermont (Mr. LEAHY) and the and recognizing Argentina’s economic system’s response to victims in elder reforms. abuse and exploitation cases. Senator from Massachusetts (Mr. MAR- KEY) were added as cosponsors of S. 248, f S. 203 a bill to block implementation of the At the request of Mr. BURR, the STATEMENTS ON INTRODUCED Executive Order that restricts individ- names of the Senator from Michigan BILLS AND JOINT RESOLUTIONS uals from certain countries from enter- (Mr. PETERS) and the Senator from ing the United States. By Mr. CARDIN (for himself, Ms. Missouri (Mr. BLUNT) were added as co- COLLINS, Mr. CASEY, and Mr. S.J. RES. 8 sponsors of S. 203, a bill to reaffirm HELLER): At the request of Mr. UDALL, the that the Environmental Protection S. 253. A bill to amend title XVIII of name of the Senator from Oregon (Mr. Agency may not regulate vehicles used the Social Security Act to repeal the MERKLEY) was added as a cosponsor of solely for competition, and for other Medicare outpatient rehabilitation S.J. Res. 8, a joint resolution proposing purposes. therapy caps; to the Committee on Fi- an amendment to the Constitution of S. 220 nance. the United States relating to contribu- At the request of Mr. SASSE, the Mr. CARDIN. Mr. President, I rise in tions and expenditures intended to af- name of the Senator from South Da- support of the Medicare Access to Re- fect elections. kota (Mr. ROUNDS) was added as a co- habilitation Services Act, which I am sponsor of S. 220, a bill to amend title S.J. RES. 9 introducing today with my colleagues 18, United States Code, to prohibit a At the request of Mr. INHOFE, the Senators COLLINS, CASEY, and HELLER. health care practitioner from failing to names of the Senator from Arizona This important bill repeals the mone- exercise the proper degree of care in (Mr. FLAKE), the Senator from Wyo- tary caps that limit Medicare bene- the case of a child who survives an ming (Mr. BARRASSO), the Senator from ficiaries’ access to medically necessary abortion or attempted abortion. Mississippi (Mr. COCHRAN), the Senator outpatient physical therapy, occupa- S. 224 from Kansas (Mr. ROBERTS), the Sen- tional therapy, and speech-language At the request of Mr. RUBIO, the ator from Texas (Mr. CORNYN), the Sen- pathology services. names of the Senator from South Caro- ator from Utah (Mr. HATCH), the Sen- Limits on outpatient rehabilitation lina (Mr. GRAHAM), the Senator from ator from Kentucky (Mr. PAUL), the therapy services under Medicare were Iowa (Mr. GRASSLEY) and the Senator Senator from Alaska (Mr. SULLIVAN), first imposed in 1997 as part of the Bal- from South Dakota (Mr. THUNE) were the Senator from Oklahoma (Mr. anced Budget Act. The decision to im- added as cosponsors of S. 224, a bill to LANKFORD) and the Senator from Penn- pose limits on these services was not amend title 18, United States Code, to sylvania (Mr. TOOMEY) were added as based on data, quality-of-care con- prohibit taking minors across State cosponsors of S.J. Res. 9, a joint resolu- cerns, or clinical judgment—its sole lines in circumvention of laws requir- tion providing for congressional dis- purpose was to limit spending in order ing the involvement of parents in abor- approval under chapter 8, of title 5, to balance the Federal budget. Since tion decisions. United States Code, of the rule sub- 1997, Congress has acted 12 times to S. 229 mitted by the Securities and Exchange prevent the implementation of the At the request of Mr. HEINRICH, the Commission relating to the disclosure therapy caps through moratoriums and names of the Senator from Massachu- of payments by resource extraction an exceptions process. While these setts (Ms. WARREN) and the Senator issuers. short-term actions have provided nec- from Oregon (Mr. MERKLEY) were added S.J. RES. 10 essary relief to our seniors, a long-term as cosponsors of S. 229, a bill to provide At the request of Mr. THUNE, his solution is essential to bring perma- for the confidentiality of information name was added as a cosponsor of S.J. nent relief and much-needed stability submitted in requests for the Deferred Res. 10, a joint resolution providing for for both patients and providers. Action for Childhood Arrivals Program congressional disapproval under chap- We need a full repeal of the existing and for other purposes. ter 8 of title 5, United States Code, of caps on physical therapy, occupational S. 236 the final rule submitted by the Sec- therapy, and speech-language pathol- At the request of Mr. WYDEN, the retary of the Interior relating to ogy services. These annual financial name of the Senator from Wisconsin stream protection. caps limit services often needed after a

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.014 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S597 stroke, traumatic brain injury, or spi- SIDY, Mr. RUBIO, Mr. GRASSLEY, (1) not to exceed $200,000 may be expended nal cord injury, or to effectively man- Mr. MCCAIN, Mr. INHOFE, Mr. for the procurement of the services of indi- age conditions such as Parkinson’s dis- FLAKE, Mr. HELLER, Mr. THUNE, vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- ease, multiple sclerosis, and arthritis. Mr. DAINES, Mr. MORAN, Mr. lative Reorganization Act of 1946 (2 U.S.C. Arbitrary caps on these vital Medicare BLUNT, Mr. COCHRAN, Mr. 4301(i))); and outpatient therapy services are simply SCOTT, Mr. TOOMEY, Mr. JOHN- (2) not to exceed $40,000 may be expended unacceptable. They also discriminate SON, Mr. ISAKSON, Mr. SHELBY, for the training of the professional staff of against the oldest and sickest Medicare and Mr. WICKER): the committee (under procedures specified beneficiaries, who typically require the S. 260. A bill to repeal the provisions by section 202(j) of that Act). most intensive therapy, and disadvan- of the Patient Protection and Afford- (b)EXPENSES FOR FISCAL YEAR 2018 PE- tage Medicare beneficiaries who live in able Care Act providing for the Inde- RIOD.—The expenses of the committee for the regions with higher health care costs. pendent Payment Advisory Board; to period October 1, 2017 through September 30, In a 2009 report issued by the Medi- the Committee on Finance. 2018 under this resolution shall not exceed care Payment Advisory Committee, Mr. CORNYN. Mr. President, I ask $4,223,716, of which amount— (1) not to exceed $200,000 may be expended MEDPAC, it was estimated that the unanimous consent that the text of the for the procurement of the services of indi- therapy cap, if enforced without an ex- bill be printed in the RECORD. vidual consultants, or organizations thereof ceptions process, could negatively im- There being no objection, the text of (as authorized by section 202(i) of the Legis- pact 931,000 Medicare beneficiaries. Ar- the bill was ordered to be printed in lative Reorganization Act of 1946 (2 U.S.C. bitrarily capping outpatient rehabilita- the RECORD, as follows: 4301(i))); and tion therapy services would likely S. 260 (2) not to exceed $40,000 may be expended for the training of the professional staff of cause some beneficiaries to delay nec- Be it enacted by the Senate and House of Rep- the committee (under procedures specified essary care, force others to assume resentatives of the United States of America in by section 202(j) of that Act). higher out-of-pocket costs, and disrupt Congress assembled, (c)EXPENSES FOR PERIOD ENDING FEBRUARY the continuum of care for many seniors SECTION 1. SHORT TITLE. 28, 2019.—The expenses of the committee for This Act may be cited as the ‘‘Protecting and individuals with disabilities. the period October 1, 2018 through February Seniors’ Access to Medicare Act of 2017’’. I urge my colleagues to join me and 28, 2019 under this resolution shall not exceed Senator COLLINS in supporting the SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT $1,759,882, of which amount— ADVISORY BOARD. Medicare Access to Rehabilitation (1) not to exceed $200,000 may be expended Effective as of the enactment of the Pa- Services Act to ensure that our seniors for the procurement of the services of indi- tient Protection and Affordable Care Act vidual consultants, or organizations thereof have access to the outpatient rehabili- (Public Law 111–148), sections 3403 and 10320 (as authorized by section 202(i) of the Legis- tation therapy services that they need. of such Act (including the amendments made lative Reorganization Act of 1946 (2 U.S.C. Mr. President, I ask unanimous con- by such sections) are repealed, and any pro- 4301(i))); and sent that the text of the bill be printed vision of law amended by such sections is (2) not to exceed $40,000 may be expended hereby restored as if such sections had not in the RECORD. for the training of the professional staff of been enacted into law. There being no objection, the text of the committee (under procedures specified the bill was ordered to be printed in f by section 202(j) of that Act). the RECORD, as follows: SUBMITTED RESOLUTIONS SEC. 3. REPORTING LEGISLATION. S. 253 The committee shall report its findings, Be it enacted by the Senate and House of Rep- together with such recommendations for leg- resentatives of the United States of America in SENATE RESOLUTION 30—AUTHOR- islation as it deems advisable, to the Senate Congress assembled, IZING EXPENDITURES BY THE at the earliest practicable date, but not later SECTION 1. SHORT TITLE. COMMITTEE ON AGRICULTURE, than February 28, 2019. This Act may be cited as the ‘‘Medicare NUTRITION, AND FORESTRY Access to Rehabilitation Services Act of SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. 2017’’. Mr. ROBERTS submitted the fol- (a)EXPENSES OF THE COMMITTEE.— SEC. 2. OUTPATIENT THERAPY CAP REPEAL. lowing resolution; from the Committee (1)IN GENERAL.—Except as provided in para- (a) IN GENERAL.—Section 1833 of the Social on Agriculture, Nutrition, and For- graph (2), expenses of the committee under Security Act (42 U.S.C. 1395(l)) is amended by estry; which was referred to the Com- this resolution shall be paid from the contin- striking subsection (g). mittee on Rules and Administration: gent fund of the Senate upon vouchers ap- (b) CONFORMING AMENDMENTS.—Section proved by the chairman of the committee. S. RES. 30 1842(t)(2) of the Social Security Act (42 (2)VOUCHERS NOT REQUIRED.—Vouchers U.S.C. 1395u(t)(2)) is amended— Resolved, shall not be required for— (1) by striking ‘‘(2) Each request’’ and all SECTION 1. GENERAL AUTHORITY. (A) the disbursement of salaries of employ- that follows through ‘‘1833(a)(8)(B),’’ and in- In carrying out its powers, duties, and ees paid at an annual rate; serting ‘‘(2)(A) Each request for payment, or functions under the Standing Rules of the (B) the payment of telecommunications bill submitted, for therapy services described Senate, in accordance with its jurisdiction provided by the Office of the Sergeant at in subparagraph (B)’’; and under rule XXV of the Standing Rules of the Arms and Doorkeeper; (2) by adding at the end the following new Senate, including holding hearings, report- (C) the payment of stationery supplies pur- subparagraph: ing such hearings, and making investiga- chased through the Keeper of the Stationery; ‘‘(B) The following therapy services are de- tions as authorized by paragraphs 1 and 8 of (D) payments to the Postmaster of the scribed in this subparagraph: rule XXVI of the Standing Rules of the Sen- Senate; ‘‘(i) Physical therapy services of the type ate, the Committee on Agriculture, Nutri- (E) the payment of metered charges on described in section 1861(p) and speech-lan- tion, and Forestry (in this resolution re- copying equipment provided by the Office of guage pathology services of the type de- ferred to as the ‘‘committee’’) is authorized the Sergeant at Arms and Doorkeeper; scribed in such section through the applica- from March 1, 2017 through February 28, 2019, (F) the payment of Senate Recording and tion of section 1861(ll)(2), including services in its discretion, to— Photographic Services; or described in section 1833(a)(8)(B), and phys- (1) make expenditures from the contingent (G) the payment of franked and mass mail ical therapy services and speech-language fund of the Senate; costs by the Sergeant at Arms and Door- pathology services of such type which are (2) employ personnel; and keeper. furnished by a physician or as incident to (3) with the prior consent of the Govern- (b)AGENCY CONTRIBUTIONS.—There are au- physicians’ services. ment department or agency concerned and thorized to be paid from the appropriations ‘‘(ii) Occupational therapy services of the the Committee on Rules and Administration, account for ‘‘Expenses of Inquiries and Inves- type that are described in section 1861(p), in- use on a reimbursable or nonreimbursable tigations’’ of the Senate such sums as may cluding services described in section basis the services of personnel of any such be necessary for agency contributions re- 1833(a)(8)(B), through the operation of sec- department or agency. lated to the compensation of employees of tion 1861(g) and of such type which are fur- SEC. 2. EXPENSES. the committee— nished by a physician or as incident to physi- (a)EXPENSES FOR PERIOD ENDING SEP- (1) for the period March 1, 2017 through cians’ services.’’. TEMBER 30, 2017.—The expenses of the com- September 30, 2017; mittee for the period March 1, 2017 through (2) for the period October 1, 2017 through By Mr. CORNYN (for himself, Mr. September 30, 2017 under this resolution September 30, 2018; and RISCH, Mr. ROBERTS, Mr. shall not exceed $2,463,834, of which (3) for the period October 1, 2018 through PORTMAN, Mr. TILLIS, Mr. CAS- amount— February 28, 2019.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE February 1, 2017 SENATE RESOLUTION 31—AUTHOR- (1) IN GENERAL.—Except as provided in (2) not to exceed $10,000 may be expended IZING THE EXPENDITURES BY paragraph (2), expenses of the committee for the training of the professional staff of THE SPECIAL COMMITTEE ON under this resolution shall be paid from the the committee (under procedures specified AGING contingent fund of the Senate upon vouchers by section 202(j) of that Act). approved by the chairman of the committee. (b) EXPENSES FOR FISCAL YEAR 2018 PE- Ms. COLLINS submitted the fol- (2) VOUCHERS NOT REQUIRED.—Vouchers RIOD.—The expenses of the committee for the lowing resolution; from the Special shall not be required for— period October 1, 2017 through September 30, Committee on Aging; which was re- (A) the disbursement of salaries of employ- 2018 under this resolution shall not exceed ferred to the Committee on Rules and ees paid at an annual rate; $2,607,332, of which amount— (1) not to exceed $25,000 may be expended Administration: (B) the payment of telecommunications provided by the Office of the Sergeant at for the procurement of the services of indi- S. RES. 31 Arms and Doorkeeper; vidual consultants, or organizations thereof Resolved, (C) the payment of stationery supplies pur- (as authorized by section 202(i) of the Legis- SECTION 1. GENERAL AUTHORITY. chased through the Keeper of the Stationery; lative Reorganization Act of 1946 (2 U.S.C. In carrying out its powers, duties, and (D) payments to the Postmaster of the 4301(i))); and functions imposed by section 104 of S. Res. 4, Senate; (2) not to exceed $10,000 may be expended agreed to February 4, 1977 (95th Congress), (E) the payment of metered charges on for the training of the professional staff of and in exercising the authority conferred on copying equipment provided by the Office of the committee (under procedures specified it by such section, the Special Committee on the Sergeant at Arms and Doorkeeper; by section 202(j) of that Act). Aging (in this resolution referred to as the (F) the payment of Senate Recording and (c) EXPENSES FOR PERIOD ENDING FEBRUARY ‘‘committee’’) is authorized from March 1, Photographic Services; or 28, 2019.—The expenses of the committee for 2017 through February 28, 2019, in its discre- (G) the payment of franked and mass mail the period October 1, 2018 through February tion, to— costs by the Sergeant at Arms and Door- 28, 2019 under this resolution shall not exceed (1) make expenditures from the contingent keeper. $1,086,388, of which amount— fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $25,000 may be expended (2) employ personnel; and thorized to be paid from the appropriations for the procurement of the services of indi- (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof ment department or agency concerned and tigations’’ of the Senate such sums as may (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, be necessary for agency contributions re- lative Reorganization Act of 1946 (2 U.S.C. use on a reimbursable or nonreimbursable lated to the compensation of employees of 4301(i))); and basis the services of personnel of any such the committee— (2) not to exceed $10,000 may be expended department or agency. (1) for the period March 1, 2017 through for the training of the professional staff of the committee (under procedures specified SEC. 2. EXPENSES. September 30, 2017; by section 202(j) of that Act). (a) EXPENSES FOR PERIOD ENDING SEP- (2) for the period October 1, 2017 through SEC. 3. REPORTING LEGISLATION. TEMBER 30, 2017.—The expenses of the com- September 30, 2018; and mittee for the period March 1, 2017 through (3) for the period October 1, 2018 through The committee shall report its findings, September 30, 2017 under this resolution February 28, 2019. together with such recommendations for leg- islation as it deems advisable, to the Senate shall not exceed $1,399,763, of which f amount— at the earliest practicable date, but not later (1) not to exceed $3,000 may be expended for SENATE RESOLUTION 32—AUTHOR- than February 28, 2019. the procurement of the services of individual IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. consultants, or organizations thereof (as au- COMMITTEE ON SMALL BUSI- (a) EXPENSES OF THE COMMITTEE.— thorized by section 202(i) of the Legislative NESS AND ENTREPRENEURSHIP (1) IN GENERAL.—Except as provided in Reorganization Act of 1946 (2 U.S.C. 4301(i))); paragraph (2), expenses of the committee Mr. RISCH submitted the following under this resolution shall be paid from the and resolution; from the Committee on (2) not to exceed $3,000 may be expended for contingent fund of the Senate upon vouchers the training of the professional staff of the Small Business and Entrepreneurship; approved by the chairman of the committee. committee (under procedures specified by which was referred to the Committee (2) VOUCHERS NOT REQUIRED.—Vouchers section 202(j) of that Act). on Rules and Administration: shall not be required for— (b) EXPENSES FOR FISCAL YEAR 2018 PE- S. RES. 32 (A) the disbursement of salaries of employ- ees paid at an annual rate; RIOD.—The expenses of the committee for the Resolved, period October 1, 2017 through September 30, (B) the payment of telecommunications SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at 2018 under this resolution shall not exceed In carrying out its powers, duties, and Arms and Doorkeeper; $2,399,594, of which amount— functions under the Standing Rules of the (C) the payment of stationery supplies pur- (1) not to exceed $6,000 may be expended for Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; the procurement of the services of individual under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the consultants, or organizations thereof (as au- Senate, including holding hearings, report- Senate; thorized by section 202(i) of the Legislative ing such hearings, and making investiga- (E) the payment of metered charges on Reorganization Act of 1946 (2 U.S.C. 4301(i))); tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of and rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; (2) not to exceed $6,000 may be expended for ate, the Committee on Small Business and (F) the payment of Senate Recording and the training of the professional staff of the Entrepreneurship (in this resolution referred Photographic Services; or committee (under procedures specified by to as the ‘‘committee’’) is authorized from (G) the payment of franked and mass mail section 202(j) of that Act). March 1, 2017 through February 28, 2019, in costs by the Sergeant at Arms and Door- (c) EXPENSES FOR PERIOD ENDING FEBRUARY its discretion, to— keeper. 28, 2019.—The expenses of the committee for (1) make expenditures from the contingent (b) AGENCY CONTRIBUTIONS.—There are au- the period October 1, 2018 through February fund of the Senate; 28, 2019 under this resolution shall not exceed thorized to be paid from the appropriations (2) employ personnel; and account for ‘‘Expenses of Inquiries and Inves- $999,831, of which amount— (3) with the prior consent of the Govern- (1) not to exceed $2,500 may be expended for tigations’’ of the Senate such sums as may ment department or agency concerned and be necessary for agency contributions re- the procurement of the services of individual the Committee on Rules and Administration, consultants, or organizations thereof (as au- lated to the compensation of employees of use on a reimbursable or nonreimbursable the committee— thorized by section 202(i) of the Legislative basis the services of personnel of any such (1) for the period March 1, 2017 through Reorganization Act of 1946 (2 U.S.C. 4301(i))); department or agency. September 30, 2017; and SEC. 2. EXPENSES. (2) for the period October 1, 2017 through (2) not to exceed $1,500 may be expended for (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2018; and the training of the professional staff of the TEMBER 30, 2017.—The expenses of the com- (3) for the period October 1, 2018 through committee (under procedures specified by mittee for the period March 1, 2017 through February 28, 2019. section 202(j) of that Act). September 30, 2017 under this resolution SEC. 3. REPORTING LEGISLATION. shall not exceed $1,520,944, of which f The committee shall report its findings, amount— SENATE RESOLUTION 33—AUTHOR- together with such recommendations for leg- (1) not to exceed $25,000 may be expended IZING EXPENDITURES BY THE islation as it deems advisable, to the Senate for the procurement of the services of indi- COMMITTEE ON ENERGY AND at the earliest practicable date, but not later vidual consultants, or organizations thereof NATURAL RESOURCES than February 28, 2019. (as authorized by section 202(i) of the Legis- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. Ms. MURKOWSKI submitted the fol- (a) EXPENSES OF THE COMMITTEE.— 4301(i))); and lowing resolution; from the Committee

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.028 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S599 on Energy and Natural Resources; (3) for the period October 1, 2018 through the committee (under procedures specified which was referred to the Committee February 28, 2019. by section 202(j) of that Act). on Rules and Administration: f SEC. 3. REPORTING LEGISLATION. The committee shall report its findings, S. RES. 33 SENATE RESOLUTION 34—AUTHOR- together with such recommendations for leg- Resolved, IZING EXPENDITURES BY THE islation as it deems advisable, to the Senate SECTION 1. GENERAL AUTHORITY. COMMITTEE ON HOMELAND SE- at the earliest practicable date, but not later In carrying out its powers, duties, and CURITY AND GOVERNMENTAL than February 28, 2019. functions under the Standing Rules of the SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. Senate, in accordance with its jurisdiction AFFAIRS (a) EXPENSES OF THE COMMITTEE.— under rule XXV of the Standing Rules of the Mr. JOHNSON submitted the fol- (1) IN GENERAL.—Except as provided in Senate, including holding hearings, report- lowing resolution; from the Committee paragraph (2), expenses of the committee ing such hearings, and making investiga- on Homeland Security and Govern- under this resolution shall be paid from the tions as authorized by paragraphs 1 and 8 of mental Affairs; which was referred to rule XXVI of the Standing Rules of the Sen- contingent fund of the Senate upon vouchers ate, the Committee on Energy and Natural the Committee on Rules and Adminis- approved by the chairman of the committee. Resources (in this resolution referred to as tration: (2) VOUCHERS NOT REQUIRED.—Vouchers the ‘‘committee’’) is authorized from March S. RES. 34 shall not be required for— 1, 2017 through February 28, 2019, in its dis- Resolved, (A) the disbursement of salaries of employ- ees paid at an annual rate; cretion, to— SECTION 1. GENERAL AUTHORITY. (B) the payment of telecommunications (1) make expenditures from the contingent In carrying out its powers, duties, and provided by the Office of the Sergeant at fund of the Senate; functions under the Standing Rules of the (2) employ personnel; and Senate, in accordance with its jurisdiction Arms and Doorkeeper; (3) with the prior consent of the Govern- under rule XXV of the Standing Rules of the (C) the payment of stationery supplies pur- ment department or agency concerned and Senate and S. Res. 445, agreed to October 9, chased through the Keeper of the Stationery; the Committee on Rules and Administration, 2004 (108th Congress), including holding hear- (D) payments to the Postmaster of the use on a reimbursable or nonreimbursable ings, reporting such hearings, and making Senate; basis the services of personnel of any such investigations as authorized by paragraphs 1 (E) the payment of metered charges on department or agency. and 8 of rule XXVI of the Standing Rules of copying equipment provided by the Office of the Sergeant at Arms and Doorkeeper; SEC. 2. EXPENSES. the Senate, the Committee on Homeland Se- (F) the payment of Senate Recording and (a) EXPENSES FOR PERIOD ENDING SEP- curity and Governmental Affairs (in this res- Photographic Services; or TEMBER 30, 2017.—The expenses of the com- olution referred to as the ‘‘committee’’) is mittee for the period March 1, 2017 through authorized from March 1, 2017, through Feb- (G) the payment of franked and mass mail September 30, 2017 under this resolution ruary 28, 2019, in its discretion, to— costs by the Sergeant at Arms and Door- shall not exceed $3,219,522. (1) make expenditures from the contingent keeper. (b) EXPENSES FOR FISCAL YEAR 2018 PE- fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- RIOD.—The expenses of the committee for the (2) employ personnel; and thorized to be paid from the appropriations period October 1, 2017 through September 30, (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- 2018 under this resolution shall not exceed ment department or agency concerned and tigations’’ of the Senate such sums as may $5,519,181. the Committee on Rules and Administration, be necessary for agency contributions re- (c) EXPENSES FOR PERIOD ENDING FEBRUARY use on a reimbursable or nonreimbursable lated to the compensation of employees of 28, 2019.—The expenses of the committee for basis the services of personnel of any such the committee— the period October 1, 2018 through February department or agency. (1) for the period March 1, 2017, through September 30, 2017; 28, 2019 under this resolution shall not exceed SEC. 2. EXPENSES. (2) for the period October 1, 2017, through $2,299,659. (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2018; and SEC. 3. REPORTING LEGISLATION. TEMBER 30, 2017.—The expenses of the com- The committee shall report its findings, mittee for the period March 1, 2017, through (3) for the period October 1, 2018, through together with such recommendations for leg- September 30, 2017, under this resolution February 28, 2019. islation as it deems advisable, to the Senate shall not exceed $5,591,653, of which SEC. 5. INVESTIGATIONS. at the earliest practicable date, but not later amount— (a) IN GENERAL.—The committee, or any than February 28, 2019. (1) not to exceed $75,000 may be expended duly authorized subcommittee of the com- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. for the procurement of the services of indi- mittee, is authorized to study or inves- (a) EXPENSES OF THE COMMITTEE.— vidual consultants, or organizations thereof tigate— (1) IN GENERAL.—Except as provided in (as authorized by section 202(i) of the Legis- (1) the efficiency and economy of oper- paragraph (2), expenses of the committee lative Reorganization Act of 1946 (2 U.S.C. ations of all branches of the Government in- under this resolution shall be paid from the 4301(i))); and cluding the possible existence of fraud, mis- contingent fund of the Senate upon vouchers (2) not to exceed $20,000 may be expended feasance, malfeasance, collusion, mis- approved by the chairman of the committee. for the training of the professional staff of management, incompetence, corruption, or (2) VOUCHERS NOT REQUIRED.—Vouchers the committee (under procedures specified unethical practices, waste, extravagance, shall not be required for— by section 202(j) of that Act). conflicts of interest, and the improper ex- (A) the disbursement of salaries of employ- (b) EXPENSES FOR FISCAL YEAR 2018 PE- penditure of Government funds in trans- ees paid at an annual rate; RIOD.—The expenses of the committee for the actions, contracts, and activities of the Gov- (B) the payment of telecommunications period October 1, 2017, through September 30, ernment or of Government officials and em- provided by the Office of the Sergeant at 2018, under this resolution shall not exceed ployees and any and all such improper prac- Arms and Doorkeeper; $9,585,691, of which amount— tices between Government personnel and (C) the payment of stationery supplies pur- (1) not to exceed $75,000 may be expended corporations, individuals, companies, or per- chased through the Keeper of the Stationery; for the procurement of the services of indi- sons affiliated therewith, doing business (D) payments to the Postmaster of the vidual consultants, or organizations thereof with the Government, and the compliance or Senate; (as authorized by section 202(i) of the Legis- noncompliance of such corporations, compa- (E) the payment of metered charges on lative Reorganization Act of 1946 (2 U.S.C. nies, or individuals or other entities with the copying equipment provided by the Office of 4301(i))); and rules, regulations, and laws governing the the Sergeant at Arms and Doorkeeper; (2) not to exceed $20,000 may be expended various governmental agencies and its rela- (F) the payment of Senate Recording and for the training of the professional staff of tionships with the public; Photographic Services; or the committee (under procedures specified (2) the extent to which criminal or other (G) the payment of franked and mass mail by section 202(j) of that Act). improper practices or activities are, or have costs by the Sergeant at Arms and Door- (c) EXPENSES FOR PERIOD ENDING FEBRUARY been, engaged in the field of labor-manage- keeper. 28, 2019.—The expenses of the committee for ment relations or in groups or organizations (b) AGENCY CONTRIBUTIONS.—There are au- the period October 1, 2018, through February of employees or employers, to the detriment thorized to be paid from the appropriations 28, 2019, under this resolution shall not ex- of interests of the public, employers, or em- account for ‘‘Expenses of Inquiries and Inves- ceed $3,994,038, of which amount— ployees, and to determine whether any tigations’’ of the Senate such sums as may (1) not to exceed $75,000 may be expended changes are required in the laws of the be necessary for agency contributions re- for the procurement of the services of indi- United States in order to protect such inter- lated to the compensation of employees of vidual consultants, or organizations thereof ests against the occurrence of such practices the committee— (as authorized by section 202(i) of the Legis- or activities; (1) for the period March 1, 2017 through lative Reorganization Act of 1946 (2 U.S.C. (3) organized criminal activity which may September 30, 2017; 4301(i))); and operate in or otherwise utilize the facilities (2) for the period October 1, 2017 through (2) not to exceed $20,000 may be expended of interstate or international commerce in September 30, 2018; and for the training of the professional staff of furtherance of any transactions and the

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Whereas international and domestic rity staffing, methods, and processes to (e) SUBPOENA AUTHORITY.—All subpoenas human rights groups, such as Venezuelan or- make full use of the Nation’s resources of and related legal processes of the committee ganization Foro Penal, recognize more than knowledge and talents; and any duly authorized subcommittee of 100 political prisoners in Venezuela, includ- (C) the adequacy of present intergovern- the committee authorized under S. Res. 73, ing opposition leader and former Chacao mental relations between the United States agreed to February 12, 2015 (114th Congress), mayor Leopoldo Lopez, Judge Maria Lourdes and international organizations principally are authorized to continue. Afiuni, Caracas Mayor Antonio Ledezma, concerned with national security of which and former San Cristobal mayor Daniel the United States is a member; and f (D) legislative and other proposals to im- Ceballos; prove these methods, processes, and relation- SENATE RESOLUTION 35—EX- Whereas the 1999 Constitution of the ships; PRESSING PROFOUND CONCERN Bolivarian Republic of Venezuela serves as (6) the efficiency, economy, and effective- ABOUT THE ONGOING POLITICAL, the foundation for political processes in Ven- ness of all agencies and departments of the ECONOMIC, SOCIAL AND HUMANI- ezuela; Government involved in the control and TARIAN CRISIS IN VENEZUELA, Whereas, in December 2015, the people of management of energy shortages including, Venezuela elected the opposition coalition URGING THE RELEASE OF PO- (Mesa de Unidad Democra` tica) to a two- but not limited to, their performance with LITICAL PRISONERS, AND CALL- respect to— thirds majority in the unicameral National (A) the collection and dissemination of ac- ING FOR RESPECT OF CONSTITU- Assembly, with 112 out of the 167 seats; curate statistics on fuel demand and supply; TIONAL AND DEMOCRATIC PROC- Whereas, in late December 2015, the out- (B) the implementation of effective energy ESSES, INCLUDING FREE AND going National Assembly confirmed to the conservation measures; FAIR ELECTIONS Supreme Court of Venezuela magistrates po- (C) the pricing of energy in all forms; litically aligned with the Maduro Adminis- Mr. CARDIN (for himself, Mr. RUBIO, (D) coordination of energy programs with tration and, thereafter, the Supreme Court State and local government; Mr. DURBIN, Mr. COTTON, Mr. MENEN- blocked four legislators, including 3 opposi- (E) control of exports of scarce fuels; DEZ, Mr. BLUNT, Mr. NELSON, Mr. GARD- tion legislators, from taking office; (F) the management of tax, import, pric- NER, Mr. KAINE, and Mr. PERDUE) sub- Whereas, during the first year of the new ing, and other policies affecting energy sup- mitted the following resolution; which legislature, the Supreme Court has repeat- plies; was referred to the Committee on For- edly overturned legislation passed by the (G) maintenance of the independent sector eign Relations: democratically elected National Assembly; of the petroleum industry as a strong com- Whereas, in 2016, President Maduro has uti- S. RES. 35 petitive force; lized emergency and legislative decree pow- (H) the allocation of fuels in short supply Whereas the deterioration of basic govern- ers to bypass the National Assembly, which, ance and the economic crisis in Venezuela by public and private entities; alongside the actions of the Supreme Court, have led to an unprecedented humanitarian (I) the management of energy supplies have severely undermined the principles of situation in which people are suffering from owned or controlled by the Government; separation of powers in Venezuela; severe shortages of essential medicines and (J) relations with other oil producing and Whereas, in May 2016, Organization of basic food products; consuming countries; American States Secretary General Luis Whereas Venezuela lacks more than 80 per- (K) the monitoring of compliance by gov- Almagro presented a 132-page report out- ernments, corporations, or individuals with cent of the basic medical supplies and equip- ment needed to treat its population, includ- lining grave alterations of the democratic the laws and regulations governing the allo- order in Venezuela and invoked Article 20 of cation, conservation, or pricing of energy ing medicine to treat chronic illnesses and cancer as well as basic antibiotics, and 85 the Inter-American Democratic Charter, supplies; and which calls on the OAS Permanent Council (L) research into the discovery and devel- percent of pharmacies are at risk of bank- ‘‘to undertake a collective assessment of the opment of alternative energy supplies; and ruptcy, according to the Venezuelan Phar- situation’’; (7) the efficiency and economy of all maceutical Federation; Whereas, in late October 2016, Venezuela’s branches and functions of Government with Whereas, despite the massive shortages of state courts and National Electoral Council, particular references to the operations and basic foodstuffs and essential medicines, which are comprised of political allies of management of Federal regulatory policies President of Venezuela Nicolas Maduro has and programs. rejected repeated requests from civil society President Maduro, halted efforts to hold a (b) EXTENT OF INQUIRIES.—In carrying out organizations to bring humanitarian aid into referendum pursuant to provisions of the the duties provided in subsection (a), the in- the country; Venezuelan constitution to recall President quiries of this committee or any sub- Whereas the International Monetary Fund Maduro, thereby denying the Venezuelan committee of the committee shall not be assesses that, in Venezuela, gross domestic people the ability to pursue a democratic so- construed to be limited to the records, func- product will contract 10 percent and infla- lution to Venezuela’s crisis; and tions, and operations of any particular tion will exceed 700 percent in 2016, accel- Whereas, in November 2016, sectors of the branch of the Government and may extend erating to over 1,600 percent in 2017, the opposition and the Government of Venezuela

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initiated a dialogue, facilitated by the Vati- tember 30, 2017, under this resolution shall S. RES. 37 can, in an effort to pursue a negotiated solu- not exceed $1,184,317.00, of which amount (1) Resolved, tion to the country’s political, economic, so- not to exceed $20,000 may be expended for the SECTION 1. GENERAL AUTHORITY. cial, and humanitarian crisis: Now, there- procurement of the services of individual In carrying out its powers, duties, and fore, be it consultants, or organizations thereof (as au- functions under the Standing Rules of the Resolved, That the Senate— thorized by section 202(i) of the Legislative Senate, in accordance with its jurisdiction (1) expresses its profound concern about Reorganization Act of 1946, as amended), and under rule XXV of the Standing Rules of the widespread shortages of essential medicines (2) not to exceed $20,000 may be expended for Senate, including holding hearings, report- and basic food products faced by the people the training of professional staff of such ing such hearings, and making investiga- of Venezuela, and urges President Maduro to committee (under procedures specified by tions as authorized by paragraphs 1 and 8 of permit the delivery of humanitarian assist- section 202(j) of the Legislative Reorganiza- rule XXVI of the Standing Rules of the Sen- ance; tion Act of 1946). ate, the Committee on Foreign Relations (in (2) calls on the Government of Venezuela (b) For the period October 1, 2017, through this resolution referred to as the ‘‘com- to immediately release all political prisoners September 30, 2018, expenses of the com- mittee’’) is authorized from March 1, 2017 and to respect internationally recognized mittee under this resolution shall not exceed through February 28, 2019, in its discretion, human rights; $2,030,258.00, of which amount (1) not to ex- to— (3) supports meaningful efforts towards a ceed $20,000 may be expended for the procure- (1) make expenditures from the contingent dialogue that leads to respect for Ven- ment of the services of individual consult- fund of the Senate; ezuela’s constitutional mechanisms and re- ants, or organizations thereof (as authorized (2) employ personnel; and solves the country’s political, economic, so- by section 202(i) of the Legislative Reorga- (3) with the prior consent of the Govern- cial, and humanitarian crisis; nization Act of 1946, as amended), and (2) not ment department or agency concerned and (4) affirms its support for OAS Secretary to exceed $20,000 may be expended for the General Almagro’s invocation of Article 20 of training of professional staff of such com- the Committee on Rules and Administration, the Inter-American Democratic Charter and mittee (under procedures specified by section use on a reimbursable or nonreimbursable urges the OAS Permanent Council, which 202(j) of the Legislative Reorganization Act basis the services of personnel of any such represents all of the organization’s member of 1946). department or agency. states, to undertake a collective assessment (c) For the period October 1, 2018, through SEC. 2. EXPENSES. of the constitutional and democratic order in February 28, 2019, expenses of the committee (a) EXPENSES FOR PERIOD ENDING SEP- Venezuela; under this resolution shall not exceed TEMBER 30, 2017.—The expenses of the com- (5) calls on the Government of Venezuela $845,941.00, of which amount (1) not to exceed mittee for the period March 1, 2017 through to ensure the neutrality and professionalism $20,000 may be expended for the procurement September 30, 2017 under this resolution of all security forces and to respect the Ven- of the services of individual consultants, or shall not exceed $3,889,028, of which ezuelan people’s rights to freedom of expres- organizations thereof (as authorized by sec- amount— sion and assembly; tion 202(i) of the Legislative Reorganization (1) not to exceed $150,000 may be expended (6) calls on the Government of Venezuela Act of 1946, as amended), and (2) not to ex- for the procurement of the services of indi- to halt its efforts to undermine the principle ceed $20,000 may be expended for the training vidual consultants, or organizations thereof of separation of powers, its circumvention of of professional staff of such committee (as authorized by section 202(i) of the Legis- the democratically elected legislature, and (under procedures specified by section 202(j) lative Reorganization Act of 1946 (2 U.S.C. its subjugation of judicial independence; of the Legislative Reorganization Act of 4301(i))); and (7) stresses the urgency of strengthening 1946). (2) not to exceed $20,000 may be expended the rule of law and increasing efforts to com- SEC. 3. The committee shall report its find- for the training of the professional staff of bat impunity and public corruption in Ven- ings, together with such recommendations the committee (under procedures specified ezuela, which has bankrupted a resource-rich for legislation as it deems advisable, to the by section 202(j) of that Act). country, fuels rising social tensions, and Senate at the earliest practicable date, but (b) EXPENSES FOR FISCAL YEAR 2018 PE- contributes to elevated levels of crime and not later than February 28, 2019. RIOD.—The expenses of the committee for the violence; and SEC. 4. Expenses of the committee under period October 1, 2017 through September 30, (8) urges the President of the United States this resolution shall be paid from the contin- 2018 under this resolution shall not exceed to provide full support for OAS efforts in gent fund of the Senate upon vouchers ap- $6,666,904, of which amount— favor of constitutional and democratic solu- proved by the Chairman of the committee, (1) not to exceed $150,000 may be expended tions to the political impasse, and to in- except that vouchers shall not be required (1) for the procurement of the services of indi- struct appropriate Federal agencies to hold for the disbursement of the salaries of em- vidual consultants, or organizations thereof officials of the Government of Venezuela ac- ployees paid at an annual rate, or (2) for the (as authorized by section 202(i) of the Legis- countable for violations of United States law payment of telecommunications provided by lative Reorganization Act of 1946 (2 U.S.C. and abuses of internationally recognized the Office of the Sergeant at Arms and Door- 4301(i))); and human rights. keeper, United States Senate, or (3) for the (2) not to exceed $20,000 may be expended payment of stationery supplies purchased for the training of the professional staff of f through the Keeper of the Stationery, United the committee (under procedures specified SENATE RESOLUTION 36—AUTHOR- States Senate, or (4) for payments to the by section 202(j) of that Act). IZING EXPENDITURES BY THE Postmaster, United States Senate, or (5) for (c) EXPENSES FOR PERIOD ENDING FEBRUARY SENATE COMMITTEE ON INDIAN the payment of metered charges on copying 28, 2019.—The expenses of the committee for the period October 1, 2018 through February AFFAIRS equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United 28, 2019 under this resolution shall not exceed Mr. HOEVEN submitted the fol- States Senate, or (6) for the payment of Sen- $2,777,877, of which amount— lowing resolution; from the Committee ate Recording and Photographic Services, or (1) not to exceed $150,000 may be expended on Indian Affairs; which was referred (7) for payment of franked and mass mail for the procurement of the services of indi- to the Committee on Rules and Admin- costs by the Sergeant at Arms and Door- vidual consultants, or organizations thereof istration: keeper, United States Senate. (as authorized by section 202(i) of the Legis- SEC. 5. There are authorized such sums as lative Reorganization Act of 1946 (2 U.S.C. S. RES. 36 may be necessary for agency contributions 4301(i))); and Resolved, That, in carrying out its powers, related to the compensation of employees of (2) not to exceed $20,000 may be expended duties and functions imposed by section 105 the committee from March 1, 2017, through for the training of the professional staff of of S. Res. 4, agreed to February 4, 1977 (95th September 30, 2017; October 1, 2017, through the committee (under procedures specified Congress), and in exercising the authority September 30, 2018; and October 1, 2018, by section 202(j) of that Act). conferred on it by that section, the Com- through February 28, 2019, to be paid from SEC. 3. REPORTING LEGISLATION. mittee on Indian Affairs is authorized from the Appropriations account for Expenses of The committee shall report its findings, March 1, 2017, through September 30, 2017; Inquiries and Investigations. together with such recommendations for leg- October 1, 2017, through September 30, 2018; and October 1, 2018, through February 28, f islation as it deems advisable, to the Senate at the earliest practicable date, but not later 2019, in its discretion (1) to make expendi- SENATE RESOLUTION 37—AUTHOR- tures from the contingent fund of the Sen- than February 28, 2019. ate, (2) to employ personnel, and (3) with the IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. prior consent of the Government department COMMITTEE ON FOREIGN RELA- (a) EXPENSES OF THE COMMITTEE.— or agency concerned and the Committee on TIONS (1) IN GENERAL.—Except as provided in Rules and Administration, to use on a reim- Mr. CORKER submitted the following paragraph (2), expenses of the committee under this resolution shall be paid from the bursable, or non-reimbursable, basis the resolution; from the Committee on services of personnel of any such department contingent fund of the Senate upon vouchers or agency. Foreign Relations; which was referred approved by the chairman of the committee. SEC. 2. (a) The expenses of the committee to the Committee on Rules and Admin- (2) VOUCHERS NOT REQUIRED.—Vouchers for the period March 1, 2017, through Sep- istration: shall not be required for—

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.031 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S602 CONGRESSIONAL RECORD — SENATE February 1, 2017 (A) the disbursement of salaries of employ- were considered to pose a threat to national in 1944, the senior Government officials knew ees paid at an annual rate; security; there was no factual basis for the claim of (B) the payment of telecommunications Whereas Fred Korematsu refused to com- military necessity for the Civil Exclusion provided by the Office of the Sergeant at ply with the Civilian Exclusion Order and Order; and Arms and Doorkeeper; was arrested on May 30, 1942; (3) stated that although the decision of the (C) the payment of stationery supplies pur- Whereas, after his arrest, Fred Supreme Court of the United States in chased through the Keeper of the Stationery; Korematsu— Korematsu v. United States, 323 U.S. 214 (D) payments to the Postmaster of the (1) was held in squalor for 2 1⁄2 months in (1944), remains on the pages of United States Senate; the Presidio stockade in San Francisco, Cali- legal and political history, ‘‘[a]s historical (E) the payment of metered charges on fornia; precedent it stands as a constant caution copying equipment provided by the Office of (2) was convicted on September 8, 1942, of that in times of war or declared military ne- the Sergeant at Arms and Doorkeeper; violating the Civilian Exclusion Order and cessity our institutions must be vigilant in (F) the payment of Senate Recording and sentenced to 5 years of probation; and protecting constitutional guarantees’’; Photographic Services; or (3) was detained at Tanforan Assembly Whereas the Commission on Wartime Relo- (G) the payment of franked and mass mail Center, a former horse racetrack used as a cation and Internment of Civilians, author- costs by the Sergeant at Arms and Door- holding facility for Japanese Americans be- ized by Congress in 1980 to review the facts keeper. fore he was exiled with his family to the and circumstances surrounding the reloca- tion and internment of Japanese Americans (b) AGENCY CONTRIBUTIONS.—There are au- Topaz internment camp in the State of Utah; thorized to be paid from the appropriations Whereas more than 120,000 Japanese Amer- under Executive Order 9066 (7 Fed. Reg. 1407 account for ‘‘Expenses of Inquiries and Inves- icans were similarly detained, with no (February 25, 1942)), concluded that— (1) the decision of the Supreme Court of tigations’’ of the Senate such sums as may charges brought and without due process, in the United States in Korematsu v. United be necessary for agency contributions re- 10 permanent War Relocation Authority camps located in isolated desert areas of the States, 323 U.S. 214 (1944), is overruled by the lated to the compensation of employees of court of history; the committee— States of Arizona, Arkansas, California, Col- orado, Idaho, Utah, and Wyoming; (2) a grave personal injustice was done to (1) for the period March 1, 2017 through the United States citizens and resident September 30, 2017; Whereas the people of the United States subject to the Civilian Exclusion Order lost aliens of Japanese ancestry who, without in- (2) for the period October 1, 2017 through dividual review or any probative evidence their homes, livelihoods, and the freedoms September 30, 2018; and against them, were excluded, removed, and inherent to all people of the United States; (3) for the period October 1, 2018 through detained by the United States during World Whereas Fred Korematsu unsuccessfully February 28, 2019. War II; and challenged the Civilian Exclusion Order as it f (3) the exclusion, removal, and detention of applied to him and appealed the decision of United States citizens and resident aliens of SENATE RESOLUTION 38—RECOG- the United States District Court to the Japanese ancestry was motivated largely by NIZING JANUARY 30, 2017, AS United States Court of Appeals for the Ninth racial prejudice, wartime hysteria, and a ‘‘FRED KOREMATSU DAY OF Circuit, which sustained his conviction; failure of political leadership; Whereas Fred Korematsu was subsequently Whereas the overturning of the conviction CIVIL LIBERTIES AND THE CON- confined with his family in the internment STITUTION’’ of Fred Korematsu and the findings of the camp in Topaz, Utah, for 2 years, and during Commission on Wartime Relocation and In- Ms. HIRONO (for herself, Mr. SAND- that time, Fred Korematsu appealed his con- ternment of Civilians influenced the decision ERS, Mr. WYDEN, Mr. BOOKER, Mr. viction to the Supreme Court of the United by Congress to pass the Civil Liberties Act of SCHATZ, Mr. BROWN, Mr. WHITEHOUSE, States; 1988 (50 U.S.C. 4211 et seq.) to request a Presi- Whereas, on December 18, 1944, the Su- Ms. CANTWELL, Ms. WARREN, Mr. dential apology and the symbolic payment of preme Court of the United States issued BLUMENTHAL, Mr. MERKLEY, Mr. KAINE, compensation to people of Japanese ancestry Korematsu v. United States, 323 U.S. 214 who lost liberty or property due to discrimi- Mrs. MURRAY, Mr. COONS, and Mr. DUR- (1944), which— natory actions of the Federal Government; BIN) submitted the following resolu- (1) upheld the conviction of Fred Whereas, on August 10, 1988, President tion; which was referred to the Com- Korematsu by a vote of 6 to 3; and Reagan signed the Civil Liberties Act of 1988 (2) concluded that Fred Korematsu was re- mittee on the Judiciary: (50 U.S.C. 4211 et seq.), stating, ‘‘[H]ere we moved from his home not based on hostility admit a wrong; here we reaffirm our commit- S. RES. 38 toward him or other Japanese Americans but ment as a nation to equal justice under the Whereas, on January 30, 1919, Fred because the United States was at war with law.’’; Toyosaburo Korematsu was born in Oakland, Japan and the military feared a Japanese in- Whereas, on January 15, 1998, President California, to Japanese immigrants; vasion of the West Coast; Clinton awarded the Medal of Freedom, the Whereas Fred Korematsu graduated from Whereas, in his dissenting opinion in highest civilian award of the United States, Oakland High School in 1937 and attempted Korematsu v. United States, 323 U.S. 214 to Fred Korematsu, stating, ‘‘[i]n the long to enlist in the military twice but was un- (1944), Justice Frank Murphy called the Ci- history of our country’s constant search for able to do so because his selective service vilian Exclusion Order the ‘‘legalization of justice, some names of ordinary citizens classification was changed to enemy alien, racism’’; stand for millions of souls: Plessy, Brown, even though Fred Korematsu was a United Whereas Fred Korematsu continued to Parks. To that distinguished list, today we States citizen; maintain his innocence for decades following add the name of Fred Korematsu.’’; Whereas Fred Korematsu trained as a World War II, and his conviction hampered Whereas, despite the fact that history dem- welder and worked as a foreman at the docks his ability to gain employment; onstrates that discriminatory actions breed in Oakland until the date on which he and Whereas, in 1982, legal historian Peter immoral, unconscionable, and unconstitu- all Japanese Americans were fired; Irons and researcher Aiko Yoshinaga-Herzig tional actions levied against religious, eth- Whereas, on December 7, 1941, Japan at- gained access to Government documents nic, and racial minorities in the name of na- tacked the military base in Pearl Harbor, under section 552 of title 5, United States tional security, recent actions by President Hawaii, causing the United States to declare Code (commonly known as the ‘‘Freedom of Trump have publicly fanned religious, eth- war against Japan; Information Act’’), that indicate that while nic, and racial prejudices; Whereas, on February 19, 1942, President the case of Fred Korematsu was before the Whereas, on January 27, 2017, President Franklin D. Roosevelt signed Executive Supreme Court of the United States, the Order 9066 (7 Fed. Reg. 1407 (February 25, Trump issued— Federal Government misled the Supreme (1) an Executive order that suspends for 90 1942)), which authorized the Secretary of War Court of the United States and suppressed days the entry into the United States of im- to prescribe military areas— findings that Japanese Americans on the migrants and nonimmigrants who are na- (1) from which any or all people could be West Coast were not security threats; tionals of 7 Muslim-majority countries, pro- excluded; and Whereas, in light of the newly discovered hibiting the issuance of any visa to relatives, (2) with respect to which, the right of any information, Fred Korematsu filed a writ of family members, and tourists from the 7 des- person to enter, remain in, or leave would be error coram nobis with the United States ignated countries based solely on the nation- subject to any restriction the Military Com- District Court for the Northern District of ality of the individual; mander imposed in his discretion; California, and on November 10, 1983, United (2) an Executive order indefinitely sus- Whereas, on May 3, 1942, the Lieutenant States District Judge Marilyn Hall Patel pending the admission as refugees of Syrian General of the Western Command of the issued her decision in Korematsu v. United nationals, even though, as of January 2017, Army issued Civilian Exclusion Order 34 States, 584 F. Supp. 1406 (N.D. Cal. 1984), there are more than 4,000,000 registered Syr- (May 3, 1942) (referred to in this preamble as that— ian refugees who have fled the destructive the ‘‘Civilian Exclusion Order’’) directing (1) overturned the conviction of Fred civil war in Syria; that all people of Japanese ancestry be re- Korematsu; (3) an Executive order slashing refugee ad- moved from designated areas of the West (2) concluded that, at the time that senior missions numbers for fiscal year 2017 from Coast after May 9, 1942, because people of Government officials presented their case be- 110,000 to 50,000, even as other countries Japanese ancestry in the designated areas fore the Supreme Court of the United States move to take in refugees; and

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.032 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S603 (4) an Executive order directing the United basis the services of personnel of any such lated to the compensation of employees of States Refugee Assistance Program to department or agency. the committee— prioritize refugee claims based on religious SEC. 2. EXPENSES. (1) for the period March 1, 2017 through persecution in which the religion of the ref- (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2017; ugee is a minority religion in the country of TEMBER 30, 2017.—The expenses of the com- (2) for the period October 1, 2017 through nationality of the refugee, a priority that mittee for the period March 1, 2017 through September 30, 2018; and singles out for exclusion members of the Is- September 30, 2017 under this resolution (3) for the period October 1, 2018 through lamic faith; shall not exceed $5,105,487, of which February 28, 2019. Whereas Fred Korematsu remained a tire- amount— f less advocate for civil liberties and justice (1) not to exceed $75,000 may be expended throughout his life by— for the procurement of the services of indi- SENATE RESOLUTION 40—DESIG- (1) speaking out against racial discrimina- vidual consultants, or organizations thereof NATING THE WEEK BEGINNING tion and violence targeting Arab, Muslim, (as authorized by section 202(i) of the Legis- ON FEBRUARY 5, 2017, AS ‘‘NA- South Asian, and Sikh Americans in the lative Reorganization Act of 1946 (2 U.S.C. TIONAL TRIBAL COLLEGES AND wake of the September 11, 2001, tragedy; and 4301(i))); and UNIVERSITIES WEEK’’ (2) cautioning the Federal Government (2) not to exceed $25,000 may be expended against repeating mistakes of the past that for the training of the professional staff of Ms. HEITKAMP (for herself, Mr. singled out individuals for heightened scru- the committee (under procedures specified LANKFORD, Ms. STABENOW, Ms. BALD- tiny on the basis of race, ethnicity, nation- by section 202(j) of that Act). WIN, Mr. SCHATZ, Mr. UDALL, Mr. ality,or religion; (b) EXPENSES FOR FISCAL YEAR 2018 PE- THUNE, Mr. MORAN, Mr. TESTER, Mr. Whereas, on March 30, 2005, Fred RIOD.—The expenses of the committee for the HEINRICH, Mr. DAINES, Mr. HOEVEN, Ms. Korematsu died at the age of 86 in Larkspur, period October 1, 2017 through September 30, KLOBUCHAR, Mrs. MURRAY, Mr. California; 2018 under this resolution shall not exceed FRANKEN, Mr. PETERS, Ms. HIRONO, and Whereas Fred Korematsu is a role model $8,752,264, of which amount— for all people of the United States who love (1) not to exceed $75,000 may be expended Mr. BARRASSO) submitted the following the United States and the promises con- for the procurement of the services of indi- resolution; which was considered and tained in the Constitution of the United vidual consultants, or organizations thereof agreed to: States, and the strength and perseverance of (as authorized by section 202(i) of the Legis- S. RES. 40 Fred Korematsu serve as an inspiration for lative Reorganization Act of 1946 (2 U.S.C. Whereas there are 37 Tribal Colleges and all people who strive for equality and justice; 4301(i))); and Universities operating on more than 75 cam- and (2) not to exceed $25,000 may be expended puses in 16 States; Whereas the recent actions of President for the training of the professional staff of Whereas Tribal Colleges and Universities Trump run directly counter to the history the committee (under procedures specified are tribally chartered or federally chartered and legacy of justice exemplified by Fred by section 202(j) of that Act). institutions of higher education and there- Korematsu: Now, therefore, be it (c) EXPENSES FOR PERIOD ENDING FEBRUARY fore have a unique relationship with the Fed- Resolved, That the Senate— 28, 2019.—The expenses of the committee for eral Government; (1) honors Fred Toyosaburo Korematsu for the period October 1, 2018 through February Whereas Tribal Colleges and Universities his— 28, 2019 under this resolution shall not exceed serve students from more than 250 federally (A) loyalty and patriotism to the United $3,646,777, of which amount— recognized Indian tribes; States; (1) not to exceed $75,000 may be expended Whereas Tribal Colleges and Universities (B) work to advocate for the civil rights for the procurement of the services of indi- offer students access to knowledge and skills and civil liberties of all people of the United vidual consultants, or organizations thereof grounded in cultural traditions and values, States; and (as authorized by section 202(i) of the Legis- including indigenous languages, which en- (C) dedication to justice and equality; lative Reorganization Act of 1946 (2 U.S.C. hances Indian communities and enriches the (2) recognizes January 30, 2017, as ‘‘Fred 4301(i))); and United States as a whole; Korematsu Day of Civil Liberties and the (2) not to exceed $25,000 may be expended Whereas Tribal Colleges and Universities Constitution’’; and for the training of the professional staff of provide access to high-quality postsecondary (3) denounces any governmental effort to the committee (under procedures specified educational opportunities for American Indi- discriminate against any individual based on by section 202(j) of that Act). ans, Alaska Natives, and other individuals the national origin or religion of the indi- SEC. 3. REPORTING LEGISLATION. living in some of the most isolated and eco- vidual. The committee shall report its findings, nomically depressed areas in the United f together with such recommendations for leg- States; islation as it deems advisable, to the Senate Whereas Tribal Colleges and Universities SENATE RESOLUTION 39—AUTHOR- at the earliest practicable date, but not later are accredited institutions of higher edu- IZING EXPENDITURES BY THE than February 28, 2018 and February 28, 2019, cation that effectively prepare students to COMMITTEE ON HEALTH, EDU- respectively. succeed in their academic pursuits and in a CATION, LABOR, AND PENSIONS SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. global and highly competitive workforce; (a) EXPENSES OF THE COMMITTEE.— Whereas Tribal Colleges and Universities Mr. ALEXANDER submitted the fol- (1) IN GENERAL.—Except as provided in have open enrollment policies, and approxi- lowing resolution; from the Committee paragraph (2), expenses of the committee mately 15 percent of the students at Tribal on Health, Education, Labor, and Pen- under this resolution shall be paid from the Colleges and Universities are non-Indian in- sions; which was referred to the Com- contingent fund of the Senate upon vouchers dividuals; and mittee on Rules and Administration: approved by the chairman of the committee. Whereas the collective mission and the (2) VOUCHERS NOT REQUIRED.—Vouchers considerable achievements of Tribal Colleges S. RES. 39 shall not be required for— and Universities deserve national recogni- Resolved, (A) the disbursement of salaries of employ- tion: Now, therefore, be it SECTION 1. GENERAL AUTHORITY. ees paid at an annual rate; Resolved, That the Senate— In carrying out its powers, duties, and (B) the payment of telecommunications (1) designates the week beginning on Feb- functions under the Standing Rules of the provided by the Office of the Sergeant at ruary 5, 2017, as ‘‘National Tribal Colleges Senate, in accordance with its jurisdiction Arms and Doorkeeper; and Universities Week’’; and under rule XXV of the Standing Rules of the (C) the payment of stationery supplies pur- (2) calls on the people of the United States Senate, including holding hearings, report- chased through the Keeper of the Stationery; and interested groups to observe National ing such hearings, and making investiga- (D) payments to the Postmaster of the Tribal Colleges and Universities Week with tions as authorized by paragraphs 1 and 8 of Senate; appropriate ceremonies, activities, and pro- rule XXVI of the Standing Rules of the Sen- (E) the payment of metered charges on grams to demonstrate support for Tribal Col- ate, the Committee on Health, Education, copying equipment provided by the Office of leges and Universities. Labor, and Pensions (in this resolution re- the Sergeant at Arms and Doorkeeper; f ferred to as the ‘‘committee’’) is authorized (F) the payment of Senate Recording and from March 1, 2017 through February 28, 2019, Photographic Services; or SENATE RESOLUTION 41—RAISING in its discretion, to— (G) the payment of franked and mass mail AWARENESS AND ENCOURAGING (1) make expenditures from the contingent costs by the Sergeant at Arms and Door- THE PREVENTION OF STALKING fund of the Senate; keeper. BY DESIGNATING JANUARY 2017 (2) employ personnel; and (b) AGENCY CONTRIBUTIONS.—There are au- AS ‘‘NATIONAL STALKING (3) with the prior consent of the Govern- thorized to be paid from the appropriations AWARENESS MONTH’’ ment department or agency concerned and account for ‘‘Expenses of Inquiries and Inves- the Committee on Rules and Administration, tigations’’ of the Senate such sums as may Ms. KLOBUCHAR (for herself, Mr. use on a reimbursable or nonreimbursable be necessary for agency contributions re- PERDUE, Ms. HIRONO, Mr. CRAPO, and

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.034 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S604 CONGRESSIONAL RECORD — SENATE February 1, 2017 Mrs. FEINSTEIN) submitted the fol- crease awareness of stalking and the avail- NATIONAL TRIBAL COLLEGES AND lowing resolution; which was consid- ability of services for victims of stalking; UNIVERSITIES WEEK ered and agreed to: and (4) urges national and community organi- Mr. GARDNER. Mr. President, I ask S. RES. 41 zations, businesses in the private sector, and unanimous consent that the Senate Whereas approximately 15 percent of the media to promote awareness of the crime proceed to the immediate consider- women in the United States, at some point of stalking through ‘‘National Stalking ation of S. Res. 40, submitted earlier during their lifetimes, have experienced Awareness Month’’. today. stalking victimization, during which the women felt very fearful or believed that they f The PRESIDING OFFICER. The or someone close to them would be harmed clerk will report the resolution by or killed; AUTHORITY FOR COMMITTEES TO title. Whereas, during a 1-year period, an esti- MEET The legislative clerk read as follows: mated 7,500,000 individuals in the United Mr. WICKER. Mr. President, I have A resolution (S. Res. 40) designating the States reported that they had been victims week beginning on February 5, 2017, as ‘‘Na- of stalking; two requests for committees to meet tional Tribal Colleges and Universities Whereas more than 80 percent of victims of during today’s session of the Senate. Week.’’ stalking reported that they had been stalked They have the approval of the Majority There being no objection, the Senate by someone they knew; and Minority leaders. Whereas 11 percent of victims of stalking proceeded to consider the resolution. Pursuant to Rule XXVI, paragraph Mr. GARDNER. I further ask unani- reported having been stalked for more than 5 5(a), of the Standing Rules of the Sen- years; mous consent that the resolution be Whereas two-thirds of stalkers pursue ate, the following committees are au- agreed to, the preamble be agreed to, their victims at least once a week; thorized to meet during today’s session and the motions to reconsider be con- Whereas victims of stalking are forced to of the Senate: sidered made and laid upon the table take drastic measures to protect themselves, COMMITTEE ON VETERANS’ AFFAIRS with no intervening action or debate. including changing their identities, relo- The Committee on Veterans’ Affairs The PRESIDING OFFICER. Without cating, changing jobs, or obtaining protec- is authorized to meet during the ses- tion orders; objection, it is so ordered. Whereas the prevalence of anxiety, insom- sion of the Senate on February 1, 2017, The resolution (S. Res. 40) was agreed nia, social dysfunction, and severe depres- at 2:30 p.m., in room SD–106 of the to. sion is much higher among victims of stalk- Dirksen Senate Office Building. The preamble was agreed to. ing than the general population; SPECIAL COMMITTEE ON AGING (The resolution, with its preamble, is Whereas many victims of stalking do not The Special Committee on Aging is printed in today’s RECORD under ‘‘Sub- report stalking to the police or contact a mitted Resolutions.’’) victim service provider, shelter, or hotline; authorized to meet during the session Whereas stalking is a crime under Federal of the Senate on February 1, 2017, in f law and the laws of all 50 States, the District room SD–562 of the Dirksen Senate Of- NATIONAL STALKING AWARENESS of Columbia, and the territories of the fice Building at 2:30 p.m. to conduct a MONTH United States; hearing entitled ‘‘Stopping Senior Mr. GARDNER. Mr. President, I ask Whereas stalking affects victims of every Scams: Developments in Financial unanimous consent that the Senate race, age, culture, gender, sexual orienta- Fraud Affecting Seniors.’’ tion, physical and mental ability, and eco- proceed to the immediate consider- nomic status; f ation of S. Res. 41, submitted earlier Whereas national organizations, local vic- today. tim service organizations, campuses, pros- PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. The ecutor’s offices, and police departments Mr. MERKLEY. Mr. President, I ask clerk will report the resolution by stand ready to assist victims of stalking and title. are working diligently to develop effective unanimous consent that my science and innovative responses to stalking; fellow, Christy Veeder, be allowed the The legislative clerk read as follows: Whereas there is a need to improve the re- privileges of the floor. A resolution (S. Res. 41) raising awareness sponse of the criminal justice system to The PRESIDING OFFICER. Without and encouraging the prevention of stalking stalking through more aggressive investiga- objection, it is so ordered. by designating January 2017 as ‘‘National tion and prosecution; Stalking Awareness Month.’’ Whereas there is a need for an increase in f There being no objection, the Senate the availability of victim services across the APPOINTMENT proceeded to consider the resolution. United States, and the services must include Mr. GARDNER. I further ask unani- programs tailored to meet the needs of vic- Mr. GARDNER. Mr. President, I un- mous consent that the resolution be tims of stalking; derstand an appointment was made agreed to, the preamble be agreed to, Whereas individuals 18 to 24 years old expe- during the adjournment of the Senate, rience the highest rates of stalking victim- and the motions to reconsider be con- and I ask it be stated for the RECORD. ization, and rates of stalking among college sidered made and laid upon the table students exceed rates of stalking among the The PRESIDING OFFICER. The with no intervening action or debate. general population; Chair, on behalf of the Vice President, The PRESIDING OFFICER. Without Whereas up to 75 percent of women in col- pursuant to the provisions of 20 U.S.C., objection, it is so ordered. lege who experience behavior relating to sections 42 and 43, reappoints the Sen- The resolution (S. Res. 41) was agreed stalking experience other forms of victimiza- ator from Vermont, Mr. LEAHY, as a to. tion, including sexual or physical victimiza- member of the Board of Regents of the The preamble was agreed to. tion; Smithsonian Institution. (The resolution, with its preamble, is Whereas there is a need for an effective re- printed in today’s RECORD under ‘‘Sub- sponse to stalking on each campus; and f Whereas the Senate finds that ‘‘National mitted Resolutions.’’) Stalking Awareness Month’’ provides an op- UNANIMOUS CONSENT AGREE- f portunity to educate the people of the MENT—READING OF WASHING- MEASURE READ THE FIRST United States about stalking: Now, there- TON’S FAREWELL ADDRESS fore, be it TIME—S. 274 Resolved, That the Senate— Mr. GARDNER. Mr. President, I ask Mr. GARDNER. Mr. President, I un- (1) designates January 2017 as ‘‘National unanimous consent that not with- derstand there is a bill at the desk, and Stalking Awareness Month’’; standing the resolution of the Senate I ask for its first reading. (2) applauds the efforts of service providers of January 24, 1901, the traditional The PRESIDING OFFICER. The for victims of stalking, police, prosecutors, reading of Washington’s Farewell Ad- national and community organizations, cam- clerk will read the bill by title for the dress take place on Monday, February first time. puses, and private sector supporters to pro- 27, 2017, at a time to be determined by mote awareness of stalking; The legislative clerk read as follows: (3) encourages policymakers, criminal jus- the majority leader in consultation A bill (S. 274) to nullify the effect of the re- tice officials, victim service and human serv- with the Democratic leader. cent executive order that temporarily re- ice agencies, institutions of higher edu- The PRESIDING OFFICER. Without stricted individuals from certain countries cation, and nonprofit organizations to in- objection, it is so ordered. from entering the United States.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.035 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S605 Mr. GARDNER. I now ask for a sec- and the choices are money in the fossil and ExxonMobil have been talking out ond reading and, in order to place the fuel company’s pockets versus our nat- of two sides of their mouths about cli- bill on the calendar under provisions of ural heritage of clean streams for our- mate change. Sometimes Tillerson ac- rule XIV, I object to my own request. selves and our children. And which way knowledges climate change exists, The PRESIDING OFFICER. Objec- do we go? Put the money in the fossil pointing to a revenue-neutral carbon tion having been heard, the bill will be fuel pockets—to heck with the clean fee like the one I have introduced as read for the second time on the next streams. This would be 0.3 percent of the best way to address it. At other legislative day. coal industry revenues to clean up times, he plays up imagined scientific f after the mess they have made. uncertainty and overestimates the I grew up and I was taught that if costs of action. In 2012, Tillerson said:

ORDERS FOR THURSDAY, you spill something, you clean it up. If I’m not disputing that increasing CO2 FEBRUARY 2, 2017 you make a mess, you clean it up. But emissions in the atmosphere is going to have Mr. GARDNER. Mr. President, I ask in this building, if it is the fossil fuel an impact. It will have a warming impact. unanimous consent that when the Sen- industry, if you make a mess, too bad, As far back as 2009, he backed a rev- ate completes its business today, it ad- we will take care of you. You are our enue-neutral carbon fee like the one I journ until 11 a.m., Thursday, February guys. We don’t care about the stream. introduced as the best way to address 2; that following the prayer and pledge, We don’t care about the people who the problem. But in 2013, he questioned the morning hour be deemed expired, live downstream. We don’t care about whether we should do anything at all the Journal of proceedings be approved people who might fish in it. We don’t to slow climate change, asking: ‘‘What to date, and the time for the two lead- care about the fact that this is God’s good is it to save the planet if human- ers be reserved for their use later in creation. We care about making the ity suffers?’’ the day; further, that following leader coal companies happy. That is the climate deniers’ false remarks, the Senate resume consider- It happens over and over. If it is not premise—that humanity will suffer ation of H.J. Res. 38; finally, that there polluters, it is Wall Street. If it is not from our solving a problem that they be 6 hours of debate remaining, equally Wall Street, it is polluters. As to all face. In 2015, Tillerson told an ExxonMobil divided in the usual form. this talk about deregulation, watch shareholder meeting that he thought The PRESIDING OFFICER. Without where it goes—Wall Street and pol- the world should wait for science to objection, it is so ordered. luters. Here we are with the archetypical challenge between private improve before solving the problem of f benefit and public harm. The very pur- climate change. He couldn’t find one ORDER FOR ADJOURNMENT pose of government—even conservative State university in this country that commentators say—is to protect the would agree with him. He says that be- Mr. GARDNER. Mr. President, if public from being harmed by those who cause it is the fossil fuel industry stall there is no further business to come be- cause them harm as they pursue their strategy. It is so ironic coming from fore the Senate, I ask unanimous con- private benefit. What could be more the longtime head of ExxonMobil to sent that it stand adjourned under the the case than coal waste polluting pub- say we should wait because it has been previous order, following the remarks lic streams? We don’t care; we are well documented by the Los Angeles of Senator WHITEHOUSE. going to go to bat for the coal compa- Times, by Inside Climate News, and by The PRESIDING OFFICER. Without nies. I tell you, there are special rules others that ExxonMobil—despite con- objection, it is so ordered. around here for the fossil fuel industry. ducting some of the leading climate The Senator from Rhode Island. We heard President Trump’s prom- science for decades—has played a devi- f ises to drain the swamp of the outside ous role in undermining public under- standing of these dangers. STREAM PROTECTION RULE influence of corporate special interests and lobbyists in our government. Well, For years, Exxon has underwritten a Mr. WHITEHOUSE. Mr. President, we particularly when it comes to fossil shadowy network of denial organiza- are gathered here this evening to seek fuel interests, that oft-repeated prom- tions—we have called it here on the to defend against the Congressional Re- ise seems to have evaporated in the Senate floor the web of denial—with view Act effort to overturn the clean murky haze of his transition. From the the purpose of delaying any steps to re- stream protection rule. It is inter- very outset, operatives of the Koch duce the use of fossil fuel. Between 1988 esting that this first Congressional Re- brothers and other fossil fuel interests and 2005, ExxonMobil contributed over view Act measure that we are taking have infiltrated his team. $16 million to a network of phony-balo- up should be one that puts money into Some of the biggest swamp alligators ney think tanks and pseudo-science the pockets of the fossil fuel industry have floated up as his nominees to run groups that spread misleading and false and lifts their obligation to clean up federal agencies that protect our public claims about climate science. In re- public streams that they have ruined health, that enforce our laws, that sponse to public outrage about with their pollution. maintain our natural resources, and ExxonMobil’s role in funding climate As I have been in the Senate, I am in even those who carry out our inter- denial—it knew it had been caught—it my second term, and I am more than national diplomacy. With all these claimed that it would stop and that it halfway through it. By Senate stand- nominations, the President isn’t drain- had stopped. But in 2015, ExxonMobil ards, I don’t expect that is very senior, ing the swamp. He is filling it with ex- was still funneling millions to groups but it is enough that I have seen some actly the kind of big special interests pedaling climate denial. According to patterns develop. that most Americans voted to keep its own publically available ‘‘2015 One of the patterns I have seen de- out. Worldwide Global Giving’’ report, over velop is that my friends on the other Our Republican colleagues are jam- $1.6 million, or one-fifth of side of the aisle talk a really good ming and stacking the confirmation ExxonMobil’s public information and game on deregulation, on regulatory hearings in a rush to fill in this swamp policy research contributions went to reform. They give speeches on the bur- Cabinet before the American people organizations active in deceiving the den of undue regulation. They give can get a good look at the nominees. public about climate change—groups speeches about the cost of regulation. By the way, the byproduct of all of this like the American Legislative Ex- Over and over they seek deregulation. is the swamp gas of climate denial. change Council, the National Black But when it comes time to actually do A strong majority of voters polled Chamber of Commerce, the Hudson In- something, every single time that I can since the election called on President stitute, and the Manhattan Institute. remember, the deregulatory effort goes Trump to do more to address global Under Tillerson’s leadership, Exxon to the benefit of two groups. One is warming. So let us look at the record spent untold millions of dollars ob- Wall Street and the other is polluters. of this fossil fuel swamp Cabinet. structing climate action and burying The rest is just talk. Today, we voted on ExxonMobil CEO real science in a cloud of nonsense. The Sure enough, here we are with the Rex Tillerson to be our Secretary of nonprofit research organization Influ- first Congressional Review Act effort, State. Like President Trump, Tillerson ence Map found that ExxonMobil spent

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Mr. Pruitt has such deep polit- 62 climate-related resolutions over the haps the problem is that Mr. Tillerson ical and financial ties to fossil fuel past 25 years. Under his guidance, man- is too steeped in the fossil fuel industry companies and front groups that it is agement has opposed every one of to hear the ‘‘others’’ who have dedi- hard to tell where they give off and he them. cated their careers to defending the begins. He has served as the industry’s Rex Tillerson once openly mocked a American people. mouthpiece and attack dog for years. shareholder who asked about investing The United States ought to represent When he was asked during his Envi- in renewables. Tillerson responded that to the world a model of democratic ronment and Public Works Committee renewable energy only survives on the leadership and honesty. That is how we confirmation hearing to explain his backs of enormous government man- get away with saying that we are a city dealings with the fossil fuel industry dates that are not sustainable. ‘‘We on on a hill. That is how we explain to the through secretive, dark money groups purpose choose not to lose money,’’ he world that we hold up a lamp in its that he operated, which have been tied said. Well, one of the ways they choose darkness. The telling responses from to specific companies he would be not to lose money is by spending huge Mr. Tillerson’s hearing matter because charged with regulating should he be amounts on a big, complex PR machine he will be the one to direct or abdicate confirmed, he provided misleading, in- to churn out doubt about the real America’s global leadership on this complete, and evasive answers. science and to protect the enormous critical issue. So we submitted substantive fol- We may be blind in this Chamber to market failure that forces the rest of lowup questions, asking him to set the the fact that the fossil fuel industry is record straight. Once again, he chose us to pay for the cost of Exxon’s carbon calling the shots, pulling the strings, to provide evasive and empty re- pollution. To say that renewable en- has control over our democracy, and is sponses. Right now, his record is a ergy only survives on the backs of gov- going around breaking our democratic black hole of special interest secrecy ernment mandates and subsidies is a checks and balances in order to seize about his dark money links to the fos- bitter irony from the CEO of a com- control. But the rest of the world sil fuel industry. That ought not to be pany in an industry that has been cal- knows. You don’t think the rest of the acceptable to anybody in the Senate. culated by the International Monetary world can see why this body will do We have a constitutional duty to pro- Fund to get subsidies of $700 billion a anything on climate change when vide advice and consent on administra- year in the United States alone from every American State university tion nominations. Any Senator who be- not having to pay for the damage that knows that it is coming on, when every lieves that Congress should have a role its product causes. American scientific society knows that in overseeing this administration Now, $700 billion a year is quite the it is coming on, when our defense pro- should take note of this. In response to subsidy. We heard this special brand of fessionals know that it is coming on questions following up on Pruitt’s fossil fuel doublespeak in his confirma- and warn us about it, when NASA and hearing, rather than providing infor- tion hearing. ‘‘The increase in green- NOAA know that it is coming on and mation sought by the committee, he house gas concentrations in the atmos- warn us about it? instructed the Senate to file open phere are having an effect,’’ he said. You don’t think that the people of records act requests for the informa- ‘‘Our ability to predict that effect,’’ he Russia and China and Germany know tion with the State of Oklahoma. continued, ‘‘is very limited.’’ that we are the ones who have a craft If Pruitt is willing to tell Senators Wrong. Our ability to predict that ef- driving around on the surface of Mars? who are poised to vote on his nomina- fect is clearly established. The sci- You don’t think they know how good tion to go to the back of a very long, entists who study our planet’s climate our scientists are, and you don’t think first-come, never-served line to learn system know that is the case. They un- they know that the NASA scientists more about his conflicts of interest, I derstand that our carbon pollution has are telling us climate change is seri- can hardly imagine how unresponsive already driven unprecedented changes ous, it is coming at us, it is going to be he will be when Congress asks for infor- in the climate, and they know that ris- catastrophic if we don’t act—we have mation about changes he wants to ing concentrations of greenhouse gases to do something? They know that. make to the renewable fuel standard, will bring rising temperatures, higher Everybody sees it. It is in plain view. changes he wants to make to clean air sea levels along our coast, a warmer What is missing is that Congress will protections, changes he wants to make and more acidic ocean, and changes in not act because the tentacles of the to our clean water protections or to weather patterns. fossil fuel industry swarm through this toxic regulations. None of this is subject to serious place. The world sees it and knows it By the way, he has stonewalled for doubt in the scientific community. and history will judge us for it. more than 2 years, producing 3,000 When asked whether he sees climate Tillerson has spent his career leading emails between him and his office and change as a national security issue, an international oil company that has identified fossil fuel companies and Tillerson replied, ‘‘I don’t see it as the been consistently and fundamentally front groups—stonewalled an open imminent national security threat that dishonest with the world as to what records request for 2 years. His office perhaps others do.’’ ExxonMobil knew about climate admits there are at least 3,000 of them. Well, let’s talk about those ‘‘others’’ change. His professional life has been Of the 3,000 emails between him and for a minute. They are the ‘‘others’’ centered on extracting—extracting fos- the fossil fuel industry that his office who are in charge of defending our sil fuels from the earth, extracting has admitted exist, how many do you country and its interests, the people drilling concessions from corrupt re- suppose he has produced for the Envi- whose job it is to monitor global trends gimes, extracting special tax favors ronment and Public Works Com- and prepare for future threats. They from Congress, and extracting profits mittee—out of 3,000? Pick a number. I are intelligence and security experts for his shareholders. will tell you what the number is: zero; like the former Director of the CIA, the Well, American leadership in a dan- not one. Chair of President George W. Bush’s gerous world is about more than that. The party that for a long time had a National Intelligence Council, the That is why I could not support his really determined interest in emails former commander of the U.S. Pacific nomination. He is just one of several suddenly has no interest in these Command. individuals nominated by President emails at all. Emails? What emails? If The ‘‘others’’ include the top brass at Trump who cannot accept the science it is fossil fuel companies on the other the U.S. Department of Defense, which of climate change or who harbors close end of the emails, suddenly it does not has in its Quadrennial Defense Reviews ties to the fossil fuel industry or both— matter. Pruitt does not want the Sen- for years described climate change as a usually. ate and the American people to know

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I truly believe the science is not set- the polluters’ swamp. This whole sce- laws, like the Clean Air Act. He has in- tled on the issue of man-made global warm- nario is an embarrassment to our coun- ing. vented the notion that the sky is not try. It is going to be a lasting stain on right in Alabama for solar power, say- Well, he had not checked with Texas our national reputation. ing, ‘‘In my home State of Alabama, universities when he said that. He was Bringing us back to this Congres- one would think we have a good bit of the Governor of Texas. He has not even sional Review Act, here we go again. sunshine, but in truth, we have a lot of checked with his own universities. The Congressional Review Act action clouds, and solar is not effective in our I went down to Texas. I had a hearing was brought to benefit coal company area.’’ with climate scientists from the major polluters at the expense of our natural In a 2015 interview with the Family Texas universities. They came in and heritage, our children, and our com- Research Council, Senator SESSIONS said what they knew: It is real. It is mon good, just so they don’t have to said he was not even sure that global coming. We are already seeing it. It is clean up the mess they left behind, just warming exists. That same year in a important. We have to get ahead of it. so they don’t have to clean up ruined hearing with the EPA Administrator, It is caused by CO2. We can solve that. public streams. It is just the latest Senator SESSIONS claimed that ‘‘carbon Let’s get to work. demonstration that in this Congress, It is not a complicated message. It is pollution is CO2, and that’s not really a fossil fuel is king, doesn’t care for our coming from his home-State univer- pollutant; that’s a plant food, and it future, doesn’t care for anything but sities. doesn’t harm anybody except that it what goes into its own pockets, and it Why would a Governor not follow the might include temperature increases.’’ is a disgrace. This is the man who wants to be At- message of science developed and prop- Mr. President, I yield the floor. torney General of the United States, agated by his own home-State univer- who says he is going to follow the law. sities? Why? Because the fossil fuel in- f There is a Supreme Court case on point dustry is so powerful that it will not that says carbon is a pollutant. What let people recognize the truth. In the ADJOURNMENT UNTIL 11 A.M. does he say? Carbon pollution is CO2, confirmation, Perry continued to hedge TOMORROW and it is not really a pollutant. That is his bets. He said: The PRESIDING OFFICER. The Sen- just plain not the law. I believe the climate is changing. I believe ate stands adjourned until 11 a.m. to- By the way, try telling my Rhode Is- some of it is naturally occurring, but some morrow. land fishermen, whose stocks are dis- of it is also caused by man-made activity. Thereupon, the Senate, at 9:25 p.m., appearing from the warming waters off The question is how do we address it in a adjourned until Thursday, February 2, thoughtful way that does not compromise our coast, that CO2 does not harm any- 2017, at 11 a.m. body. Trying telling it to Senator economic growth, the affordability of energy or American jobs. MERKLEY’s shell fishermen in Oregon f who have had shellfish hatcheries Well, if Governor Perry were actually NOMINATIONS wiped out by acidified seas coming in. being thoughtful about it, he would I asked Senator SESSIONS at the con- heed economic analyses like the Risky Executive nominations received by firmation hearing whether, as Attor- Business Project that show if we don’t the Senate: ney General, he would make decisions address climate change in a serious SUPREME COURT OF THE UNITED STATES in environmental cases based on sci- way, worsening storms, rising seas, NEIL M. GORSUCH, OF COLORADO, TO BE AN ASSOCIATE entifically accepted facts. Senator SES- warmer temperatures, and other ex- JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, VICE ANTONIN SCALIA, DECEASED. SIONS, to his credit, responded that he treme weather events will cost the would and said that the ‘‘theory’’ of United States billions of dollars. Just DEPARTMENT OF JUSTICE global warming ‘‘always struck me as ask the insurance industry. In fact, ask ROD J. ROSENSTEIN, OF MARYLAND, TO BE DEPUTY AT- TORNEY GENERAL, VICE SALLY QUILLIAN YATES, RE- plausible.’’ our own CBO who testified today that SIGNED. Well, if he is confirmed, he will have these are concerns we need to look at. RACHEL L. BRAND, OF IOWA, TO BE ASSOCIATE ATTOR- NEY GENERAL, VICE DEREK ANTHONY WEST, RESIGNED. to hold a lot of these fossil fuel compa- President Trump’s Cabinet nominees STEVEN ANDREW ENGEL, OF THE DISTRICT OF COLUM- nies accountable under our environ- should be working for the American BIA, TO BE AN ASSISTANT ATTORNEY GENERAL, VICE mental laws, and I hope he will famil- people. But their public records show VIRGINIA A. SEITZ, RESIGNED. iarize himself with the science that he that they are more likely to listen to f committed to follow because I intend the Koch brothers, to ExxonMobil, to to hold him to his pledge. Devon Energy, to Murray Energy, to CONFIRMATION Last, over at the Department of En- the special interests and the fossil fuel Executive nomination confirmed by ergy, Trump chose former Governor industry, and that they will not listen the Senate February 1, 2017: Rick Perry of Texas, a one-time Presi- to our military, they will not listen to DEPARTMENT OF STATE dential candidate who campaigned on our national labs, they will not listen REX W. TILLERSON, OF TEXAS, TO BE SECRETARY OF eliminating altogether the Department to NASA, even though they have that STATE.

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RECOGNIZING FAMILIES IM- hot for suboxone. He was kicked out imme- died by suicide but the boyfriend was later PACTED BY THE NATIONAL diately and the halfway house never notified charged and convicted for murder by stran- OPIOID EPIDEMIC his family. Kevin was on the streets for a gulation and is now serving 25 years in jail. week before he came clean with his mother. Jessica’s mother is writing to show that Kev said it was time for him to be a man not only drug overdoses are killing our chil- HON. ANN M. KUSTER and he would get himself to rehab. He was dren, but also the fall out of both drug use OF NEW HAMPSHIRE approved for 26 days of treatment. Seven and mental instability. Not only girlfriends days before his release, Kev’s mother re- or spouses, but the innocent children who IN THE HOUSE OF REPRESENTATIVES quested a family meeting with his counselor. can’t fend for themselves when their parents Wednesday, February 1, 2017 The counselor informed her that on Monday are so engulfed in their addiction. the aftercare specialist was going to have a It has been three years since Jessica’s Ms. KUSTER of New Hampshire. Mr. conference call between Kev, herself and the death and there isn’t a day that goes by that Speaker, I rise today to include in the RECORD counselor. Monday came and went and no her mother doesn’t think of her. Many might the personal stories of families from across call, so Kev’s mother started leaving mes- fmd this strange, but her mother does not the country that have been impacted by the sages with the counselor. She called every- hate the person who took Jessica’s life, as he opioid and heroin epidemic. In the U.S. we day and left messages—no response. is just as sick as Jessica was. They chose to January 7, 2016, came around and Kev said, be together and she knew what he was like, lose 129 lives per day to opioid and heroin and chose to stay. A mentally healthy per- overdose. In my home state of New Hamp- ‘‘Ma, come get me, I got my coin.’’ Off she went to pick him up. He came home so happy son would not put herself in that position. shire I have learned so many heartbreaking and ready to stay clean. He went to proba- This was not Jessica’s only bad romantic re- stories of great people and families who have tion the next day where he asked the proba- lationship, they were all bad, and her addic- suffered from the effects of substance use dis- tion officer (PO) to see him twice a week to tion drove her from one bad relationship to order. keep him honest, which the PO did for one another. Earlier this year, my colleagues and I were week. The following week the PO told Kev he KENT DAVID CHARLES EDWARDS—PHOENIX, joined by many of these courageous families didn’t have time to see him so often. The PO ARIZONA who came to Washington to share their stories ordered Kev to complete IOP, so on January Kent Edwards, 18 years old, died of an acci- 8th he called and was told the first opening dental prescription drug overdose in 2003. with Members of Congress and push for ac- One night during his sophomore year of high tion that will prevent overdoses and save lives. was 22 days away. Kevin went 22 days with no treatment except for NA meetings and a school, Kent called his mother to say that he Since then, we passed both the Comprehen- bible study group of men in recovery. was out with some friends and wasn’t coming sive Addiction and Recovery Act and the 21st On the 29th of January Kev went to IOP for home that night. He was calling because he Century Cures Act to provide much needed his evaluation and when he came out he said, didn’t want to worry his mother, but when funding and critical policy changes to fight this ‘‘All good, my first session is on February they hung up she knew something was epidemic. 1st.’’ On February 1st Kev’s mother woke up wrong. Kent’s mother waited for him when and went into Kev’s room and found him sit- he came home at 6:00 a.m. The advocacy of these families truly is so Life changed for the Kent’s family that important to leading change in Washington ting on the side of the bed with his head in his hands and his hoodie on. She said his morning. Kent went to the doctor and tested and I am proud to preserve their stories. name two times and got no response. She positive for substances. His family restricted KEVIN ‘‘KEV’’ CAROTENUTO—PROSPECT PARK, then called 911. When she went to touch and monitored Kent’s activities.They made a lot of changes that next year and Kent ad- PENNSYLVANIA Kevin’s shoulder, his stiff body fell to the justed fairly well. He transferred schools and Kevin ‘‘Kev’’ Carotenuto was born on May floor. His mother saw the needle 1/2 full of graduated with ease. Kent got a job he loved 3, 1993. By the time Kevin got to middle clear liquid. She went to move his hoodie to and spent time with his friends and family. get to his neck to check his pulse and all she school, he was a talented athlete and very His family thought they had dodged the bul- saw was the side of his face—purple and cold. involved in sports, however, school just let—Kent didn’t want to be addicted to drugs He was Dead. A mother’s worst fear comes didn’t click for him. Kev started showing so they mistakenly thought they were in the signs of ADHD very early on. His mother true. clear. It seemed that all was well, but Kent’s Kev passed away on February 2, 2016, from tried to get him an Individualized Education family didn’t know any better. Program (IEP) but was denied, so she put an overdose of poisoned heroin. Before Kent turned 18, he was scheduled to him in counseling. Kev turned to drugs to JESSICA MARY MILLER—GLENSHAW, have his wisdom teeth removed. His mother cope with the stress of his struggles. PENNSYLVANIA filled the prescription before his surgery. As Kev was arrested shortly after his 18th Jessica Mary Miller died at the age of 31. she was looking at the bottles, she noticed birthday for robbery of three houses in his Jessica struggled with addiction for 15 years that one of them had fewer pills in it than family’s neighborhood. He didn’t commit the and was also afflicted with severe mental ill- the other. When she confronted Kent about crimes alone, but wouldn’t snitch on his ness. it he admitted to having taken some. friends. He received an 18 month sentence in Jessica died at the hands of her mentally She asked Kent why and his answer was county prison and $30,000 in restitution. Both ill boyfriend. She had been in the relation- chilling. He asked his mother to think about Kevin’s parents visited him and put money ship for only five months and thought she a time in her life when she had felt on his books the entire time he was in pris- found the ‘‘love’’ of her life. Jessica had been ‘‘Great’’—‘‘The Best.’’ When she nodded Kent on. doing much better than she had been past, said, ‘‘The first time you get high, it’s better Six months after his release, Kev started and her mother was hopeful she may be than that. It feels so good that you want to using heroin. He was in and out of countless ready to overcome her struggles with addic- feel that way again—only it’s physically, treatment facilities until he was sent back tion. But like many women who battle addic- chemically impossible.’’ He explained how to jail in February of 2015. Kev was caught tion, she desired a partner who would make the drugs alter your brain chemistry and using heroin in a public bathroom and was her feel worthy and wanted. It didn’t matter why people take more and increase their fre- arrested for violating probation. He was sen- what they looked like, how old they were, or quency of use in an attempt to get back to tenced to seven months in county jail. what they provided financially—she just the feeling of that first high. Kev was released the Monday before needed assurance from a romantic relation- On a Monday in September, 2003, there was Thanksgiving to a local halfway house. He ship. a knock on the Kent’s family’s door and soon was put on blackout for seven days and then One night, after Jessica boyfriend’s unem- they heard the words: ‘‘Your son has died.’’ was allowed to go out for four hours at a ployment check came in, they got into a Kent and two other kids crushed some time. Kevin worked for the newspaper union fight about how the money was going to be Oxycontin and washed them down with beer. as an extra so he would call in daily for spent. Her mother only assumes this was the Kent got sleepy and the other two left. As work. The Thursday after Thanksgiving main argument from the phone call she got Kent slept, the drug slowed his respiratory Kevin was booked for an 11 p.m. to 5 a.m. from Jessica that night. After they spoke on system down until it stopped completely. His shift. phone at approximately 10 p.m., the police roommate found him the next day—already Kev told the halfway house that he had were at Jessica’s mother’s door at 5 a.m. to gone. work but proceeded to contact a cellie from tell her Jessica had been strangled and was CALEB SMYTHIA—LOUDON, TENNESSEE jail who came to pick him up. When Kev ar- found outside the steps of her apartment. At Caleb Smythia, oldest of four, was his rived back at the halfway house he tested first, the police told her mother that Jessica mother’s biggest fan and the idol of his

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

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.001 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E112 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 brother and two sisters. Caleb was a great Mike acknowledged his issues and fought struct was like a heart palpitation that just cook, loved all kinds of music and had a pas- to better himself in the best way he knew wouldn’t quit. He was one of those people sion for playing the guitar. Music became so how. Mike even went through a parenting that you only get once in a lifetime; one of much a part of Caleb’s life because he found course to try to be a better dad. He loved his those people who changes your life the sec- it to be therapeutic. kiddos—Mike Jr. and Amber—more than ond they enter it. Their smile lights up your Caleb’s struggles began at age 16. He went anything. He was all about his family and life, and it’s something that never fails to through many rough patches and began looked forward to weekly Sunday dinners at make your day one hundred percent better. abusing methamphetamine. When objects his mom’s house. Bubba will always be that person for his sis- and money kept missing at home, his mother Mike was a funny guy—pretty clumsy and ter—the person who could always make her filed an unruly charge against him and Caleb always getting into mischief. He was so posi- day better just by being around. Bubba never became a child of the state. He spent over a tive and encouraged everyone around him in knew how much he was loved and how many year and a half in three different foster their pursuits. Everyone who knew the real people cared about him. He grew up in a lov- homes and one group home. Unfortunately, Mike loved him. ing home with parents that never kept alco- Caleb was never placed in a treatment facil- Mike had his demons, however, and he hol or prescription drugs around. His mother ity, even though he relapsed and tested posi- knew that overcoming his addiction was the is a police officer, who sees the tragedy of tive for five different drugs in his system. most important thing. As long as he was what drugs do to families every day on the When Caleb eventually went home, he using he was useless to his kids, his family, streets, and his father has been in recovery seemed to have his life back on track. After and his job. Mike knew the hurt his addic- for 20 plus years; it just goes to show that graduating high school, Caleb had hopes of tion caused others and that destroyed him. drug addiction can happen to anyone. going to culinary school. However, within It devastated his family to witness his hurt Bubba started using drugs when he was 13 days after graduating, Caleb returned to his and share his pain. Mike tried detoxing and years old. First it was marijuana and alco- old friends who were abusing methamphet- treatment numerous times. He was part of a hol, and soon after he was introduced to amine and pills. group called the SNAKES—Soldiers Needing Adderall, Percocet, cocaine, and heroin. His Eventually, problems with Caleb were so Accountability Keeping Each Other Sober in drug addiction took over his life quickly. bad that his mother told him he was no Christ. In April 2016, he graduated from a The times Bubba was strong enough to ask longer welcome in her home. One late night program with 9 months clean. for help, he would. Bubba went to his first in the pouring rain, Caleb knocked on the On April 22, 2016, just three weeks after his treatment facility when he was 15 years old, door. His mother told Caleb she would take graduation, Mike was living with his after he overdosed by mixing adderall and al- him to the ER or to a treatment facility but girlfriend, Theresa, again: He woke up with a cohol while at a party in town. ‘‘It was hard he couldn’t come into the house. Even start that morning and said he had low blood to see my mother struggling to get her son though Caleb was at such a low point and sugar. By 8:30 a.m., his sugar was up and he back from the drug monsters that controlled begged for help, the ER turned him away. said he was feeling much better. him,’’ writes Bubba’s sister. Another night Caleb arrived at his moth- Mike’s last message to Theresa was at 9:17 Bubba attempted many times to live a life er’s door bloodied and broken. Caleb had a.m.: ‘‘no worries im alive :cP.’’ Theresa of sobriety. At 16 years old, he entered his been beaten and tortured for two hours by called him after her meeting around 10:30. He second treatment facility, after having high eight members of the local college baseball didn’t answer so she called again . . . still no levels of THC that put him into a drug-in- team. One of the players had given Caleb $35 answer. She kept trying. Theresa had an- duced psychosis. After completing this pro- and asked him to get Percocet. Caleb was so other meeting that ended around 11:45. She gram, Bubba attempted to attend AA and NA deep in his addiction that he kept the money meeting regularly but the triggers that sur- in order to get a fix. To retaliate, the team tried calling again and there was still no an- swer. Fearful that his sugar had dropped too rounding him were too strong. The stigma of forced a mutual friend to trick Caleb into drug addiction surrounded him everywhere another drug deal. When Caleb went to meet low, she ran home. When Theresa got home around 12:30 p.m., she opened the door and he went. Bubba encountered people that the friend, he was abducted, thrown in the would attack his sobriety by bringing up his back of a truck, and held down by his throat. found Mike. Mike had relapsed after being 9 months past drug use. This made him feel as if no The baseball team drove Caleb to a field clean. Theresa had no idea that he had been matter how hard he tried to stay clean Ile where he was kicked and stomped while using. He overdosed some time between 9:17 was still living in the shadows of his addic- curled in a fetal position. Caleb begged for and 10:30 that morning, on April 22, 2016. He tion. his life and promised to pay them $50 if they was 33 years old. On March 17, 2016, with the help of family let him go. The next day, two of the boys and friends, Bubba entered his final detox NICHOLAS WADE BRANHAM—FREDERICK, came to Caleb’s mother’s house to get the and treatment facility. After three weeks, he MARYLAND money. One of them was holding the same left the facility and returned home. His fam- baseball bat they had used to break Caleb’s Nicholas Wade Branham passed away from ily learned later on that Bubba maintained a knee the night before. Three of the eight a heroin overdose on July 15, 2016. He was 30 full 30 days of sobriety on his own between boys were charged and convicted of felony years old. March and April. He was very proud of him- Nicholas was born on December 30, 1985. He assault for which they received 10 years pro- self. Bubba relapsed in May of 2016. bation. Caleb refused to testify against his struggled with addiction for several years, Two weeks prior to Bubba’s death on June attackers in court because he felt like he de- along with his girlfriend, who preceded him 30, 2016, his entire family, along with some of served the beating. in death on January 16, 2011. It was her pass- his friends, attempted an intervention. At The Caleb’s family soon moved and every- ing that helped him to get his life together the time Bubba was no longer living at thing seemed to be well again. However, and to get clean. Nicholas had been sober for home. Although his family kept in contact Caleb’s mother worked two jobs and didn’t almost five years; therefore, his passing was with him, they had decided to stop enabling know that Caleb was getting into his grand- complete shock to me and utterly dev- him hoping he would choose recovery again. mother’s pain pills. Caleb went to live 200 astating. He was my son. He was my best During this intervention the police were also miles away with his father. Unfortunately, friend. He was my everything. involved and tried to help him, but because Caleb wasn’t kept safe—his father also had a Nicholas had a passion for tattoos and Bubba knew all the ‘‘right’’ words to say, substance abuse disorder. Caleb overdosed cooking. He was very sarcastic and funny— their hands were tied. They then learned and died on Christmas morning of 2015, after he always made me laugh. His family misses that Bubba had started using heroin intra- being sold a black market pills that con- his laughter so much. Nicholas had such a venously. tained fentanyl. kind heart. His mother loves to hear his On that same day but before the interven- MICHAEL ‘‘MIKE’’ JAMES TURNER—NORWALK, friends tell stories of how Nicholas would tion, Bubba called his sister and ask to meet CONNECTICUT prank them, but more importantly of how he up to talk. She frequently recorded conversa- So many people think ‘‘drunk’’ or ‘‘junkie’’ would rescue them in a time of need or just tions with him hoping one day she could use when they see someone suffering from addic- be there for them if they needed someone to them as a strategy to encourage him to stay tion. What they can’t see is a person that is talk to. clean. His sister immediately went to see ‘‘I really just don’t understand any of stuck in a body they can no longer control. him. When they met, Bubba spoke about his Mike Turner suffered from addiction. He this,’’ writes his mother. ‘‘I hate that this is goals, and how he no longer wanted to live a was also type I diabetic and had a chiari my son’s legacy because he was so much life that made him feel unworthy to be loved. malformation in his brain. He had a long his- more than that. Nicholas was a good person, Bubba didn’t want to cry anymore, didn’t tory of alcohol and drug abuse and in the a son, a grandson, a nephew, a cousin and a want to feel hungry because he spent all his end, it was heroin that took him. Those were friend. He is so sorely missed. Rest in peace money of drugs and didn’t want to struggle. Mike’s labels, but that is not who Mike my dear sweet boy.’’ That’s when his sister noticed the track was—the man he was, was an affectionate, JOHN ‘‘BUBBA’’ CARTER—PELHAM, NEW marks on his arms. ‘‘My heart ached. My exciting and hilarious dad, boyfriend, son, HAMPSHIRE face drained in color and I started to shake. brother, and uncle. He had integrity, he was John ‘‘Bubba’’ Carter died of a drug over- I didn’t want to see my little brother hurt- honest, and charitable. Mike participated in dose on July 16, 2016. ing. Before I drove off, Bubba asked for a hug Chiari Malformation Cancer, Autism and Ad- Bubba was a sweet young man. He was al- and said ‘If I don’t see you in two weeks, I diction events. He planned on going back to ways looking out for others and putting want you to know I love you.’ But I didn’t school to become an addiction counselor. them above himself. Watching Bubba self-de- know two weeks was going to come so soon.’’

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.001 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E113 Even though Bubba was suffering from ad- for the many lives that he has touched along Like so many on Capitol Hill, Errical started diction, it never stopped him from caring for the way. It is for these reasons that I join Mr. out as an intern for Congressman Sonny Cal- and loving others; he was always putting Birdsong’s family and friends in wishing him a lahan in 2000. After working for a period of people before himself. After his death, his family have had many strangers and friends blessed 90th birthday and continued health time as a door attendant in the U.S. Senate, contact them and told them stories about and happiness in the years to come. Errical returned to serving the First District as their interactions with him. Bubba always f Constituent Services Director for Congress- expressed to his family, that he was an out- man Jo Bonner. She later added the respon- sider and did not have many friends, but MITCH MORRISSEY sibilities of Administrative Director and Sched- they knew that was his addiction making uler. Errical served in this position for over ten him believe those lies. As his family saw HON. ED PERLMUTTER years, until Congressman Bonner retired from from the outpour of support from extended family, friends and the community, Bubba OF COLORADO Congress in 2013. was loved beyond measure. They got a letter IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I asked former Congressman Jo Bonner to share his appreciation for Errical. from a neighbor that said Bubba helped her Wednesday, February 1, 2017 weed her yard because he saw her struggling Congressman Bonner said, ‘‘Simply put, to walk with her cane. She didn’t know who Mr. PERLMUTTER. Mr. Speaker, I rise Errical is a wonderful human being—one of he was until she saw his obituary in the today to recognize and congratulate Mitch the finest people I know—and her many char- paper. Another girl told them about how Morrissey as he completes his tenure as the acteristics of honesty, hard work, dedication, Bubba paid for her coffee in the drive thru Denver District Attorney. I would also like to and patriotic duty are the very qualities that and they became close friends and encour- thank Mitch’s wife, Maggie, for lending her will well serve America’s next Attorney Gen- aged each other daily. ‘‘Addiction is real,’’ writes Bubba’s sister. husband to the Denver community for so eral. There are very few people in Alabama ‘‘It is affecting families everyday and mak- many years. During his time in office, Mitch who have interacted with our office over the ing them question if they’re going to see made it his mission to protect the public, advo- past 14 years who have not had the pleasure their loved ones ever again. It’s time for us cate for victims of crime, and respect the of working with Errical Bryant. In many ways, to unite and break the silence.’’ rights of the accused. He worked tirelessly to she has become the face of Alabama’s First ‘‘I know that if my brother was here he promote stronger relations between law en- Congressional District in Washington and she would tell everyone struggling that it is forcement and the Denver community. okay to reach out for help, it doesn’t make has always made visitors feel extra special you weak. You need to associate with people For 11 years, Mitch has been the chief pros- and at home, forever representing Congress- who inspire you, people who challenge you to ecutor for the Second Judicial District. Prior to man Byrne and me in the most professional rise higher, people who make you better. his election, he worked in the Denver District manner humanly possible. While Errical’s Don’t waste your valuable time with people attorney’s office for 20 years, 10 of which he strengths are considerable, her talents are un- who are not adding to your growth. Your served as the Chief Deputy D.A. In his role as limited and her love of country is second to destiny is too important.’’ D.A., Mitch was responsible for thousands of none.’’ ‘‘Our brothers and sisters are the first real felony and misdemeanor prosecutions each When I was elected to Congress, one of the relationships we have outside of our parents. year, supervising over 70 attorneys and 120 Bubba was my brother—my first friend and first pieces of advice I received from Con- the first person I learned to play with, share staff members, all while prioritizing victims’ gressman Bonner was to hire Errical. I distinc- with, and laugh with. Bubba was the first needs. Mitch led an invaluable team of Victim tively remember my wife, Rebecca, and I person who picked on me, fought with me Advocates with a particular focus on those in meeting with her to discuss the position. Dur- and taught me forgiveness. A life without under-served areas and communities. He is ing our meeting, Errical said ‘‘If you do every- him was never in sight. And I think that’s nationally known for his expertise in DNA thing I tell you to do, then you will be a really the hardest thing to get over.’’ technology, applying it in criminal prosecutions good Congressman.’’ Having worked with f and working to ensure DNA science is admis- Errical over the last three years, I can say HONORING THE 90TH BIRTHDAY OF sible in our courtrooms. In addition, Mitch’s re- there was a lot of truth to that statement. THOMAS H. BIRDSONG III lationship with and support for Colorado’s law As my Director of Operations, Errical han- enforcement community has been exceptional. dles everything from scheduling meetings to Thanks to his hard work, Mitch is also the re- managing office finances to planning special HON. DONALD S. BEYER, JR. cipient of numerous awards, including ‘‘Pros- events. She is a master of the little things and OF VIRGINIA ecutor of the Year,’’ by the Colorado District keeps the office running smoothly and effec- IN THE HOUSE OF REPRESENTATIVES Attorneys Council and the ‘‘Patriot Award,’’ by tively. Despite all the stress and pressure of a Wednesday, February 1, 2017 the Employer Support of the Guard and Re- Congressional office, Errical keeps the train on Mr. BEYER. Mr. Speaker, I rise today to cel- serve. the tracks and the schedule moving. ebrate the 90th birthday of Thomas H. Mitch is also a true son of Colorado. He is She has also helped countless people from Birdsong III, a great Virginia business leader. a Denver native, a graduate of the University Southwest Alabama arrange successful visits Mr. Birdsong has a lifetime of leadership of Denver College of Law, the University of to our nation’s capital. Upon their arrival to and commitment within the peanut commod- Colorado at Boulder, and Mullen High School. Washington, she has been a welcoming face ities business. His company, Birdsong Peanut, I congratulate Mitch for his achievements. I ensuring southern hospitality remains ever is the largest company of its kind in the United applaud his dedication, leadership, and com- present in our office. In addition to planning States. Birdsong Peanut Company got its start mitment to justice for Colorado’s citizens. I am everyday visits, she has overseen ticket dis- in 1914 as a feed and seed store in Courtland, proud of the work he has accomplished and tribution for multiple presidential inaugurations Virginia. In 1939 the founder of Planters Pea- wish him all the success and happiness in the and major gatherings. nuts, asked the company to relocate near his years to come. Errical has arranged important visits to factory in Suffolk, Virginia. That plant is still in f Southwest Alabama for other Members of operation today. Mr. Birdsong partners with Congress, cabinet officials, and foreign am- farmers throughout the United States and sells APPLAUDING ERRICAL BRYANT bassadors. These visits were planned and ex- to peanut product manufacturers around the FOR HER SERVICE TO ALA- ecuted perfectly, which helped leave a positive world. His clients consist of companies such BAMA’S FIRST CONGRESSIONAL impression of our part of the country on both as Mars, Snickers, and Smuckers. DISTRICT national and world leaders. Thomas H. Birdsong III graduated from As our internship program coordinator, Randolph-Macon College in 1949, received HON. BRADLEY BYRNE Errical has also helped mold and shape the the Algernon Sydney Sullivan Award from the OF ALABAMA next generation of leaders. She has instilled college in 2009, and in 2013 received an hon- IN THE HOUSE OF REPRESENTATIVES professionalism and confidence in countless orary degree of law. He has also served as a young professionals that will serve them well Wednesday, February 1, 2017 philanthropic leader at Randolph Macon Col- in whatever career path they take. lege. His commitment to quality and service Mr. BYRNE. Mr. Speaker, I rise today to In addition to all of her official duties and re- has proven successful not only in the peanut share my deepest appreciation for my Director sponsibilities, Errical has served as the office’s business but also in community relationships of Operations, Errical Bryant, for her years of unofficial party planner and executive chef. both at home and around the globe. service to Alabama’s First Congressional Dis- Displaying the same southern hospitality she I am honored to congratulate Mr. Birdsong trict. Today marks Errical’s final day serving shows to our constituents, Errical has orga- on his 90th birthday celebration; I thank him the people of Southwest Alabama. nized countless celebrations for co-workers,

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.002 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E114 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 usually bringing in a classic ‘‘Pouncey Family’’ Moreover, even if a Republican replace- hosted to help motivate the top students in the homemade cake or pie. ment plan comes together, it’s likely to take country to pursue their desired careers in the I asked some of her current and former col- a big backward step from the gains made by STEM fields. leagues for one word that describes Errical, the ACA, covering fewer people with much On behalf of the Twenty-Second Congres- skimpier plans. sional District of Texas, congratulations again and I think these hit home: dedicated, steady, Although Aaron has a rosy view of a likely diligent, passionate, ethical, motivated, funny, Republican plan, much of what they—nota- to Shaikh Afaq for being selected as a Dele- sunny, meticulous, loyal, accommodating, con- bly House Speaker Paul D. Ryan (R–Wis.) gate at the Congress of Future Science and scientious, and tenacious. and Rep. Tom Price (R–Ga.), who is Trump’s Technology Leaders. We are extremely proud Mr. Speaker, Errical has been ‘‘the face’’ of nominee to head the Department of Health and expect great things from her in the future. Alabama’s First Congressional District for and Human Services, which will be in charge f much of the last fifteen years, and her service of dismantling the ACA—have advocated in RECOGNIZING FAMILIES IM- will be missed. As she moves on to begin a place of the ACA would hollow out the cov- erage of many who were unaffected by the PACTED BY THE NATIONAL new role, I want to wish her and her husband, law, harming them and probably raising OPIOID EPIDEMIC Thurston, all the best. their death rates. Abolishing minimum cov- So, on behalf of Alabama’s First Congres- erage standards for insurance policies would sional District, I want to thank Errical for her leave insurers and employers free to cut cov- HON. ANN M. KUSTER years of hard work, commitment, and service erage for preventive and reproduction-re- OF NEW HAMPSHIRE to Southwest Alabama. lated care. Allowing interstate insurance IN THE HOUSE OF REPRESENTATIVES sales probably would cause a race to the bot- f Wednesday, February 1, 2017 tom, with skimpy plans that emanate from Ms. KUSTER of New Hampshire. Mr. THE IMPACT OF THE REPEAL OF lightly regulated states becoming the norm. Speaker, I rise today to include in the RECORD THE ACA Block granting Medicaid would leave poor patients at the mercy of state officials, the personal stories of families from across many of whom have shown little concern for the country that have been impacted by the HON. ROBIN L. KELLY the health of the poor. A Medicare voucher opioid and heroin epidemic. In the U.S. we OF ILLINOIS program (with the value of the voucher tied lose 129 lives per day to opioid and heroin IN THE HOUSE OF REPRESENTATIVES to overall inflation rather than more rapid overdose. In my home state of New Hamp- medical inflation) would worsen the cov- Wednesday, February 1, 2017 shire I have learned so many heartbreaking erage of millions of seniors, a problem that stories of great people and families who have Ms. KELLY of Illinois. Mr. Speaker, I include would be exacerbated by the proposed ban on full coverage under Medicare supplement suffered from the effects of substance use dis- in the RECORD this article concerning the re- order. peal of ACA. policies. In other words, even if Republicans replace the ACA, the plans they’ve put on Earlier this year, my colleagues and I were [From the Washington Post] the table would have devastating con- joined by many of these courageous families REPEALING THE AFFORDABLE CARE ACT WILL sequences. who came to Washington to share their stories KILL MORE THAN 43,000 PEOPLE ANNUALLY The frightening fact is that Sanders’s esti- with Members of Congress and push for ac- (By David Himmelstein and Steffie mate that about 36,000 people will die if the tion that will prevent overdoses and save lives. Woolhandler) ACA is repealed is consistent with well-re- Since then, we passed both the Comprehen- spected studies. The Urban Institute’s esti- Now that President Trump is in the Oval sive Addiction and Recovery Act and the 21st Office, thousands of American lives that mate, for instance, predicts that 29.8 million (not just 20 million) will lose coverage if Re- Century Cures Act to provide much needed were previously protected by provisions of funding and critical policy changes to fight this the Affordable Care Act are in danger. For publicans repeal the law using the budget more than 30 years, we have studied how reconciliation process. And that’s exactly epidemic. death rates are affected by changes in what they’ve already begun to do, with no The advocacy of these families truly is so health-care coverage, and we’re convinced replacement plan in sight. important to leading change in Washington that an ACA repeal could cause tens of thou- No one knows with any certainty what the and I am proud to preserve their stories. sands of deaths annually. Republicans will do, or how many will die as CARLTON FREDRICK MESSINGER II— The story is in the data: The biggest and a result. But Sanders’s suggestion that 36,000 HOLDERNESS, NEW HAMPSHIRE would die is certainly well within the ball- most definitive study of what happens to On Sunday, September 28, 2014, Carlton’s park of scientific consensus on the likely im- death rates when Medicaid coverage is ex- (Carl) family found out that he had been pact of repeal of the ACA, and the notion of panded, published in the New England Jour- using heroin on and off for about a year. certain replacement—and the hope that a nal of Medicine, found that for every 455 peo- They were as shocked and bewildered as any GOP replacement would be a serviceable ple who gained coverage across several parents could possibly be. They asked them- remedy—are each far from certain, and look- states, one life was saved per year. Applying selves: ‘‘How does a young adult who is a col- ing worse every day. that figure to even a conservative estimate lege graduate and taking advanced classes in of 20 million losing coverage in the event of f chemistry and biology, getting A’s & B’s in an ACA repeal yields an estimate of 43,956 the classes so he can apply to dental school deaths annually. AFAQ SELECTED TO REPRESENT use heroin?’’ His mother immediately With Republicans’ efforts to destroy the TEXAS AT THE CONGRESS OF thought that’s not my child, there has to be ACA now underway, several commentators FUTURE SCIENCE AND TECH- a mistake. How did we miss this? How does have expressed something akin to cautious NOLOGY LEADERS a functioning member of society who six optimism about the effect of a potential re- months ago started a thriving eBay business peal. The Washington Post’s Glenn Kessler selling vintage transformer toys use heroin? awarded Sen. Bernie Sanders (I–Vt.) four HON. PETE OLSON There were many questions swirling around Pinocchios for claiming that 36,000 people a OF TEXAS in her head after being told about Carl’s her- year will die if the ACA is repealed; Brook- IN THE HOUSE OF REPRESENTATIVES oin use. She felt, and still does feel, at times, ings Institution fellow Henry Aaron, mean- that she is in a movie and this has not really while, predicted that Republicans probably Wednesday, February 1, 2017 happened to her family. She feels that Carl is will salvage much of the ACA’s gains, and Mr. OLSON. Mr. Speaker, I rise today to out of town and will be coming back home conservative writer Grover Norquist argued congratulate Shaikh Afaq of Sugar Land, TX, someday. But then reality hits and she real- that the tax cuts associated with repeal for being chosen to represent Texas as a Del- izes Carl is never coming home. would be a massive boon for the middle class. Within minutes of being told about Carl But such optimism is overblown. egate at the Congress of Future Science and using heroin, his family confronted him. The first problem is that Republicans don’t Technology Leaders by the National Academy After a lengthy, calm, and rational discus- have a clear replacement plan. Kessler, for of Future Physicians and Medical Scientists. sion, he confessed to using and that he was instance, chides Sanders for assuming that Shaikh was nominated to this position be- weaning himself off of it with Suboxone. Carl repeal would leave many millions uninsured, cause of her excellent academic record and told his parents he wanted their help. The re- because Kessler presumes that the Repub- desire to enter the Science, Technology, Engi- sult of that meeting was an agreement: Carl licans would replace the ACA with reforms neering and Math (STEM) field. Through this would immediately enter a detox program, that preserve coverage. But while repeal then enter a treatment facility. seems highly likely (indeed, it’s already un- program she will be able to meet some of the After six phone calls and much frustration, derway using a legislative vehicle that re- most important leaders in the STEM industry, his mother finally found a detox center that quires only 50 Senate votes), replacement including Nobel Prize winners and top sci- would take Carl. The reason for her frustra- (which would require 60 votes) is much less entific university deans. The Congress of Fu- tion was not that there wasn’t a bed avail- certain. ture Science and Technology Leaders is able or that they didn’t take their insurance;

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K01FE8.008 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E115 the real frustration was his mother was told seeking behavior. However, buried on the cence was later proven, but that didn’t curb over and over again that if they didn’t take second page of the patient prescription infor- the harassment he took from people that our insurance, they could not accept him as mation sheet it lists the following: ‘‘Though still believed he was guilty. That event a cash-only client. These specific detox cen- very—unlikely abnormal, drug-seeking be- shook Tyler and his mother thought he was ters had an agreement with insurance com- havior is possible with this medication.’’ on his way to being clean and sober. He panies that they would accept approved in- The codeine in the cough syrup triggered seemed ready to conquer the world. surance clients only. the need for Carl to use again. His mother On February 6, 2016, Tyler went out with Carl’s mother finally found The Farnum found him dead in his bathroom, with the sy- some people he thought he could trust. They Center in Manchester, NH, where Carl could ringe still in his hand. The memory of find- drank and smoked pot and when Tyler enter as cash paying inpatient client if their ing him cold, dead and blue will be some- passed out one of them shot him in the spine insurance denied the request for coverage. As thing she lives with every day. ‘‘This is an with a lethal dose of methamphetamines. expected, their insurance denied the request experience no parent should have to go Tyler was rushed into the hospital at 3:00 AM to cover detox treatment for drug addiction. through,’’ writes Carl’s mother. on February 7, 2016, with a core temperature His mother was told that if Carl had an alco- ‘‘Carl died from fentanyl intoxication. of 108 degrees. The doctors didn’t expect him hol addiction it would be covered. She was There was no heroin in Carl’s system, only to make it past the hour, but Tyler lived for also told that the insurance companies did fentanyl and codeine from the cough medi- 24 days in critical condition with severe not think you could die from drug detox. cine. As my husband has said: this was the multi-system organ failure. He was never Carl entered The Farnum Center detox pro- perfect storm. Unfortunately it took our able to speak a word again but he commu- gram on Wednesday morning, October 1, 2014. son’s life. Carl never had a chance to em- nicated with eye and hand movement. Drugs At the end of the six-day inpatient program, brace sobriety. I feel some of the people we took his life away and his mother believes he everyone in the facility was convinced that put our trust in failed Carl.’’ realized that on March 2, 2016, when he tried Carl was going to make it. They made his ‘‘Carl was an educated, smart, and vital to climb out of the hospital bed—it was as if family feel wonderful about their son; Carl young man who came from a family who he was saying, ‘‘I am out of here momma, had stopped using heroin on his own two loved him very much. He had his whole life I’m going home.’’ months prior and was now detoxing off of ahead of him and is sorely missed by his par- ‘‘Tyler lived a short 24 years,’’ writes his suboxone. They also mentioned how Carl had ents, brother, family, friends and everyone mother. ‘‘He had so much more life to live. helped other patients realize they could be that knew him. We know Carl is in a better As I said before, Tyler was a fighter and very treated for heroin addiction and have a bet- place. Carl will always be in our hearts.’’ independent, he wasn’t going to be taken ter life. Before departing, the discharging TYLER REED—POTEAU, OKLAHOMA care of for the rest of his life. He thought he doctor mentioned that if Carl was not ready had control over his addiction and that he to go right into rehab, he may be able to Tyler came into this world on January 27, 1992. Tyler was a natural fighter, inde- wasn’t hurting anyone but himself. But there stay clean on his own since he had already are so many of us hurting because his life stopped using heroin on his own and had pre- pendent and won the hearts of everyone he met. He excelled in all sports but was most ended on March 3, 2016, when he stopped viously used suboxone. fighting and was set free from the pain. I In another lengthy, calm, and rational dis- passionate about baseball until ninth grade when he suddenly lost interest and quit play- hope and pray that sharing his story will cussion Carl made a case for not going to a help someone else who is struggling. I have treatment facility. Based on Carl’s request, ing. It was later learned that he had started experimenting with marijuana and alcohol to believe that his life was not cut short for and the information his family received from nothing, that good things will rise out of this the detox doctors, they ultimately agreed. and as a result, he started getting into trou- ble at school. As a single mother, Tyler’s tragedy. Rest, my sweet Tyler, and save a After he successfully completed the detox place for me. I’ll be home soon. Until then I program Carl moved home, and his parents mom found herself at odds with a strong- willed boy who told her he just wanted ‘‘to will share your story with whoever will lis- felt they could monitor his progress ade- ten!’’ quately. They all agreed that he would have have fun and not be tied down by responsibil- to stay clean and sober during this two-week ities, those will come soon enough.’’ By the ADAM SCHULTZ—SANDY, UTAH trial period. At the end of the two weeks, time Tyler graduated high school in 2010, he Adam Schultz was an incredible person, Carl would be drug tested. If he tested posi- was using marijuana and alcohol almost who lost his life to an accidental heroin tive he would enter treatment immediately. daily and experimented with K2, bath salts overdose on November 24, 2012, after 150 days If at any time after the two week period Carl and Xanax. of being clean. He struggled every day with tested positive for drugs he would imme- Tyler had dreams of becoming a Texas a substance use disorder. Adam worked hard diately go to treatment, no discussion. At Ranger, but he had gone too far into his head on his recovery through treatment, recovery the end of the two weeks, Carl took the drug and couldn’t see a way out. He had gotten in support, and medication. test and passed with flying colors. His family trouble with the law for underage drinking Adam was born December 19, 1989, and his congratulated him, and hugged him. They and possession of marijuana on several occa- family were lucky enough to bring him home truly felt they had their son back and on the sions. He finally got his head clear for a on Christmas Eve. He was their 9 lb. 4 oz. big, road to recovery. while and started working on the road to pay baby boy. Adam was always smiling and On Tuesday, October 21, 2014, Carl came off his fines. Everything seemed to be falling happy. He learned to walk at a very young down with a bad upper respiratory infection into place, but his love for fun and adventure age and his motor was always running. His and was taken to the doctor the next day. kept him searching for the next good time. family often referred to him as the ‘‘Adam Carl’s parents found out later that he never On many occasions Tyler woke up still Bomb.’’ At five years old he was diagnosed saw his regular doctor for this visit. He saw wasted, wondering where his money went. In with ADHD and put on medication for hyper- a doctor who was not familiar with Carl’s May 2015 he came to me once again and said activity and impulsivity. medical history, and had no idea that he had he was tired of the life he was living. He Adam was gifted with his hands. He loved just come out of detox for heroin addiction. asked his mother for help. Tyler longed to woodworking and became the handyman They also discovered later that Carl’s pri- have a straight mind and clean life but he around the house. He was computer-literate mary care doctor never wrote in his chart just couldn’t seem to shake the addiction. and had received his A+ certification as a about his heroin addiction, and having just Despite his desire to clean up, he refused to computer technician as well. He was regu- completed detox. Even though his primary go to an inpatient facility. As a nurse his larly called by many with PC emergencies care doctor was part of the process of getting mother set an alternative plan of care in mo- and were in need of troubleshooting or com- Carl help. tion and he stayed clean and sober for 29 puter repairs. Adam never hesitated to help Carl’s parents found out after his death days, until one day he left and she didn’t when asked. However, his true passion was that the doctor never asked him if he had hear from him for weeks. When his mother working on cars. At age 13, he bought a 1966 any alcohol or drug abuse issues before pre- put out a missing person alert he surfaced mustang and decided to restore it himself scribing a codeine cough syrup for the infec- just to let her know he was OK; she knew he and worked on it all through high school. He tion. They learned that, five years before, was using again. also loved his Mitsubishi Eclipse and always the medical center had removed a template They talked off and on for a month while kept it in tip-top shape. that would cue doctors to ask patients about he was staying with a woman known in town As a teen, Adam struggled with depression substance use disorders prior to prescribing a to be a meth user. When she was arrested in and it was difficult to find the right treat- narcotic. Carl’s mother had a conversation August 2015 Tyler came asking for a place to ment. The doctors put him on multiple medi- with the CFO of this medical center, only to stay. His mother let him stay under the con- cations, which ended up causing seizures. He be told that, ‘‘Yeah, we don’t do such a good ditions that he would get a job and stay was then diagnosed with epilepsy and once job with this issue. Our clinicians need to be drug-free. He did for a while but quickly re- the medication was adjusted the seizures mindful of these issues.’’ verted back to his partying lifestyle. She stopped. When Carl’s mother picked up the prescrip- struggled with him and the choices he was Despite all the diagnoses and medications, tion for Carl, she was not aware that making. His mother didn’t know how to han- the one that had the biggest impact on Cheratussin AC Syrup is a codeine cough dle it. Adam’s life came in 2007, when he was 17 syrup. There were no labels on the bottle One of Tyler’s friends was found dead in a years old. Adam was diagnosed with degen- stating that this cough medicine does in fact field from an overdose of meth, and Tyler erative disk disease and given a prescription have codeine, and it can stimulate drug- was questioned in his death. Tyler’s inno- for OxyContin. This dangerously addictive

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.005 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E116 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 medication quickly became a problem, and He was driven and it seemed as though he RON SLINGER Adam was soon physically dependent, not had the world at his fingertips. Andrew was just for pain but also to function in his daily confident about his opinions, view of the life. This was where his addiction began. world and goals in life. He inspired many HON. ED PERLMUTTER In January 2008, at 18 years old, Adam people during his short life. He was well checked himself into the hospital for being loved by co-workers and a role-model for new OF COLORADO suicidal. He was then diagnosed with bipolar employees at his new position in Las Vegas. disorder and an addiction to opiates. He re- IN THE HOUSE OF REPRESENTATIVES His employer said they had so many plans ceived counseling, started on bipolar meds, and was put on high doses of Suboxone to for Andrew’s future. She told me he always Wednesday, February 1, 2017 help with his addiction and also relieve his volunteered for extra projects, never com- back pain. But six months later, after an- plained and would have given the shirt off Mr. PERLMUTTER. Mr. Speaker, I rise other night in the psych ward, he gave up on his back to someone in need. today to recognize Ron Slinger for being hon- that medication and started using heroin. Andrew began experimenting with drugs in ored by the Arvada Chamber of Commerce ‘‘It is absolutely paralyzing to learn that high school, but his addiction to Oxycontin with the Chairman’s Choice Award. your son has a substance use disorder,’’ developed in 2009 while he was attending col- writes Adam’s mother. ‘‘The stigma of hav- The Chairman’s Choice is selected annually lege in Florida during the Pill Mills—Oxy ing a child struggling with addiction caused was cheap and readily available. Andrew by the Chairman of the Arvada Chamber of us to withdraw rather than seek help. We often expressed his frustration with trying Commerce Board of Directors to recognize a learned how to live life with the truth hidden member of the community who has shown in the back of our hearts. We knew Adam to find people on his intellectual level; Oxy was more than his addiction, and we des- made him feel more like everyone else. Oxy leadership and outstanding support to the Ar- perately wanted our boy back.’’ made people, life and college feel tolerable. vada Chamber. Adam suffered and struggled for many Throughout the trajectory of his use, he Ron’s extensive involvement, leadership and years; finally, he found a medication that thought he was in control. Even when he was contributions in Arvada have resulted in a sig- seemed to work for him. Adam received in- forced to switch to heroin in 2014, he told a nificant and long lasting impact in the commu- jections of Vivitrol for opioid addiction, and friend, ‘‘Heroin is not so bad, it’s just like his life started getting back on track. After Oxy.’’ In August 2014, he took a job pro- nity. His sense of humor and kindness bring not using for 13 months, he relapsed and this motion in Las Vegas and thought he could positive energy and perspective to any oppor- time he started injecting heroin. After a six- leave heroin behind: ‘‘Mom, I never planned tunity he undertakes. Ron is a true advocate month relapse, he set up an appointment to to do heroin here,’’ he said. ‘‘I planned to for the Arvada Chamber and has fully dedi- start receiving his Vivitrol shots again. In quit, but I realized I was an addict when I cated himself to the betterment of the commu- early November of that year, Adam was due got to Las Vegas and still had to have it.’’ nity. for another injection. When he went in for Even at the very end, when his life really his appointment, he managed to convince his I extend my deepest congratulations to Ron began to unravel, he still thought he had the doctor that he was ready to ‘‘try’’ one month Slinger for this well-deserved honor from the upper hand on this drug. He refused long- without the shot. His entire life, Adam hated Arvada Chamber of Commerce. being on medication; whenever he started term treatment and thought he could return doing better, he insisted he didn’t need it to work after detox. I spend the last 6 days any more. So he stopped taking Vivitrol and of his life with him, he was clean for 19 days f scheduled an appointment for December to before he overdosed. During that time, he be re-evaluated. told me what I wanted to hear, ‘‘I don’t want SUPREME COURT NOMINEE NEIL Weeks later, Adam totaled his car on his to do heroin again, Mom.’’ But he struggled; GORSUCH way home from work. This was just too he was deeply sad and ashamed of what his much and, after 150 days of not using heroin, life had become. On the surface, he was a Adam relapsed and lost his battle with addic- successful corporate executive who appeared HON. TERRI A. SEWELL tion. Over 300 people attended his funeral. A to have everything in check. He had great woman Adam worked with told his family credit and a 401k. But in reality, he was a OF ALABAMA that just a few days before, Adam would struggling addict who lived for Oxycontin IN THE HOUSE OF REPRESENTATIVES have stopped to help someone fix a flat tire; and ultimately heroin—he was desperate to this just goes to show you that people are keep it a secret. Wednesday, February 1, 2017 more than their addictions. On a Monday afternoon, on November 10, ANDREW BENJAMIN SMITH—LAS VEGAS, Ms. SEWELL of Alabama. Mr. Speaker, I NEVADA 2014, Andrew handed me two red roses and said he wanted to go to an AA meeting. I was rise today in response to President Trump’s Margie Borth’s world was forever changed recent nomination of Judge Neil Gorsuch to on October 5, 2014, when her husband uttered so excited that he was finally making those words: ‘‘I just received an email—An- progress and dropped him off at a meeting the Supreme Court. I now call on my Senate drew is addicted to heroin.’’ The news hit soon after. An hour later when he didn’t re- colleagues to rigorously vet his nomination like a baseball bat between the eyes. Sud- spond to my texts or phone calls, I knew in and ensure that his values and constitutional denly, all of the questions she’d been strug- my heart what had happened. The hospital philosophies align with those of mainstream gling with regarding her son were answered: called 45 minutes later. He was found in the America. At this critical juncture in our nation’s Why so many car accidents? Why is he so bathroom of a Petsmart just down the history, it is important that this nominee be a distant? Why does he get mad and refuse to street. It was too late to save him. He died fair and impartial adjudicator of the laws that talk? Why doesn’t he have any money? alone. Still I tried—I tried everything I could pos- protect the rights of all Americans. sibly think to do in such a desperate situa- I simply miss my son—he was my only boy In the coming days and weeks, I look for- and my youngest. Even though we lived in tion. I begged, sobbed, hugged, listened, ward to learning more about the judicial opin- different cities, he was always present in my scolded, yelled, pleaded—I mothered. I bar- ions and constitutional philosophy of Judge gained with Andrew and with God. life except for the few times that he But he was just visiting for the weekend distanced himself due to his drug use. Even Gorsuch. Unfortunately, Republicans did not and soon he had to get back to his job. With- then, I knew I’d eventually get a phone call extend this same courtesy to President in two weeks, he was in the hospital with his and a visit. I had hopes of grandchildren be- Obama’s nominee Merrick Garland. For 300 first DUI and another wrecked car. He had cause he talked about becoming a father days, Senate Republicans defied the Constitu- overdosed on the streets of Las Vegas while someday. He wanted to meet someone edu- tion, ignoring President Obama’s nominee, driving. Thank god no one was hurt. He died cated, maybe a doctor. and refusing to even give him a hearing. How- just 21 days later, after spending a short What I miss most is what could have been. ever, I along with my Democratic colleagues stint in rehab. value the Constitution over partisan politics. When remembering Andrew, the first thing He talked about wanting to move to the Pa- people talk about is his intellect. He was ex- cific Northwest eventually, close to Port- Therefore, I hope for a fair and vigorous vet- tremely bright; he thrived in accelerated land, OR, where I live. I always thought he ting process of Judge Gorsuch and his judicial would join us. I miss his open-mindedness programs and graduated from college in record. The Supreme Court will likely make and intellect. His willingness to try new three short years. Many of his friends have many critical decisions in the upcoming dec- said, ‘‘He was the smartest guy I’ve ever foods, adventures, places, his sense of humor. met.’’ Then we remember his razor-sharp, I miss our playful banter. I miss every phone ades, affecting issues from voting rights to pri- witty, often self-effacing sense of humor. An- call that ended in, ‘‘I Love You’’. Now there vacy rights to consumer protections. America drew was also inquisitive, a good listener and is just an enormous void in my life where he needs a justice whose interpretation of the a loyal friend. He was polite and people took used to be. Sadness and tears are now a part Constitution aligns with American values and to liking him immediately. of my everyday. the rule of law.

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.006 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E117 PERSONAL EXPLANATION IN RECOGNITION OF OTTO CON- Dr. Woodson dedicated his life to educating STRUCTION’S 70TH ANNIVER- others, becoming one of the first African SARY Americans to earn a doctorate in history from HON. KEITH ELLISON Harvard University. He returned to his alma OF MINNESOTA HON. DORIS O. MATSUI mater in Huntington, Douglas High School, where he became the principal and shaped IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the lives of countless West Virginians. He also Wednesday, February 1, 2017 documented the important contributions Afri- Wednesday, February 1, 2017 can Americans have made to our nation’s his- Mr. ELLISON. Mr. Speaker, due to other Ms. MATSUI. Mr. Speaker, I rise today to tory and ensured their accomplishments were commitments, I missed the following roll call recognize Otto Construction as they celebrate not forgotten. votes: their 70th Anniversary. As the community and The Carter G. Woodson Lyceum at Marshall Roll call no. 66, I would have voted yes. members of Otto Construction gather today, I University will carry on his legacy and provide Roll call no. 67, I would have voted yes. ask my colleagues to join me in honoring them Black History Month events for the Marshall and their long history of service to the Sac- and Huntington communities. I wish you well as you celebrate the life of Dr. Woodson and f ramento region and beyond. A three generation family-owned business, the contributions of African Americans during RECOGNITION OF SAM PROLER’S Otto Construction was founded in 1947 by the month of February. 100TH BIRTHDAY John F. Otto. When he opened Otto Construc- f tion, it was with the core values of honesty, in- tegrity, and compassion. He strived to provide HONORING JOHN ELINE OF HON. KEVIN BRADY the best service to their customers delivering PENNSYLVANIA quality projects while maintaining high stand- OF TEXAS ards at a competitive price. When John’s son, HON. SCOTT PERRY IN THE HOUSE OF REPRESENTATIVES Carl Otto, joined the family business in 1971, OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Wednesday, February 1, 2017 he brought his commitment to civic duty and community involvement to the organization Wednesday, February 1, 2017 Mr. BRADY of Texas. Mr. Speaker, I rise which helped intertwine their business and the Mr. PERRY. Mr. Speaker, today I honor my today in recognition of Sam Proler’s 100th Sacramento community to create a larger foot constituent, John Eline, on his upcoming re- birthday. The world was a different place when print. Joining the company in 2000, Allison tirement upon 10 years of service with Adams Sam Proler was born a century ago. The old- Otto represents the third generation. Allison’s County Emergency Services, and for his ongo- est of nine children, Sam was born to Ben and focus is in the marketing department, carrying ing commitment to his community. Rose Proler during war times. Sam started the same commitment to our community as Mr. Eline served as Adams County’s Direc- working at the age of 13 and was later joined her grandfather and father. tor of Emergency Services and provided calm by his brothers. Through hard work, innovation Otto Construction has helped build the Sac- leadership, professionalism and a strong work and perseverance, the Proler’s achieved the ramento community, not just with the projects ethic to a wide range of challenges, including American Dream—Proler Steel Corp. they have done, such as historical renova- implementation of a new digital emergency What would become the country’s largest tions, building community centers and hospital radio system and preparations for the 150th scrap metal recycling operation, Proler Steel buildings, but with the impact they have had Anniversary of the Battle of Gettysburg in Corp, NYSE (PS), started from a meeting be- throughout their charitable work. Otto Con- 2013. Mr. Eline is also very active in our com- tween Sam Proler and Henry Ford. It was that struction has partnered with the Society for the munity, volunteering with the Gettysburg Fire meeting that led to an idea that there could be Blind, Sacramento Food Bank & Family Serv- Department, previously serving 12 years on a better way to recycle used cars. ices, Eskaton Foundation and Sacramento Gettysburg’s Borough Council and more than SPCA, with many of their employees serving Through research and modifying mining ma- two decades with Gettysburg Hospital. on the boards of nonprofits. A few notable Mr. Eline’s dedication has touched the lives chines, Sam Proler did what no one else had projects include the Powerhouse Science Cen- done before—he figured out how to melt entire of many people and challenged all with whom ter, the California Lottery Headquarters, he served to be the best. His legacy of service vehicles in mere seconds. At that time, the re- Bonney Field, the restoration of the Julia Mor- cycling industry could not keep pace with the to his community is admirable. gan House, and Shriner’s Hospital. On behalf of Pennsylvania’s Fourth Con- numbers of discarded cars each year. His in- Mr. Speaker, as the family and members of vention was a game changer that helped re- gressional District, I commend and congratu- Otto Construction celebrate their 70 years of late John Eline upon his retirement after many invent the steel industry, and this led to the service to the Sacramento region and beyond, employment of hundreds of thousands of years of service to Adams County and our fel- I ask all my colleagues to join me in honoring low citizens. workers in the United States at more than 35 them for their dedication to their community f plants. through their business practices and charitable Because of Sam Proler, used cars and ap- work that have made them so successful IN MEMORY OF TYRUS WONG pliances gained new life as recycled steel. In throughout the years. fact, his patented process is known around the f HON. ADAM B. SCHIFF world as ‘‘Prolerized’’ scrap. HONORING DR. CARTER G. OF CALIFORNIA Sam Proler is one of America’s original, in- WOODSON IN THE HOUSE OF REPRESENTATIVES novative recyclers long before it was popular Wednesday, February 1, 2017 to be environmentally conscious. His innova- tion helped shape an American industry and HON. EVAN H. JENKINS Mr. SCHIFF. Mr. Speaker, I rise today to protect our environment. OF WEST VIRGINIA honor the life of celebrated artist Tyrus Wong, IN THE HOUSE OF REPRESENTATIVES of Sunland, California, who passed away on When you go to sell a used car for recy- December 30, 2016, at the age of 106. cling, remember the name Sam Proler. Be- Wednesday, February 1, 2017 Tyrus Wong, best known for his beautiful, cause of him, that car will be recycled into Mr. JENKINS of West Virginia. Mr. Speaker, impressionistic renderings in the Walt Disney steel in a process that saves energy, con- I rise today to honor the legacy of Dr. Carter Studio’s animated film ‘‘Bambi,’’ was born as serves our nation’s natural resources and pro- G. Woodson and to celebrate his legacy with Wong Gen Yeo in China on October 25, 1910. tects our environment. all of you at Marshall University. We are proud He and his father emigrated to the United We know his lovely wife Marie, daughters to call Dr. Woodson one of our own in Hun- States in 1920. Nina and Joyce, grandchildren and great- tington, West Virginia, and to celebrate his Tyrus’ father taught his son calligraphy, grandchildren are incredibly proud of what he work to honor and remember the achieve- drawing and painting, encouraging Tyrus’ ar- has accomplished in his century. As we wish ments of African Americans. During Black His- tistic talents. Tyrus attended junior high school Sam Proler a Happy 100th Birthday, America tory Month, it is only fitting that we stop to re- in Pasadena, but left that school to attend Otis also says thank you to one of our nation’s in- mark on the life of the Father of African-Amer- Art Institute, now Otis College of Art and De- novative citizens. ican History. sign, on a full scholarship. At Otis, Mr. Wong

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.007 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 studied great western artists and Chinese nations to local organizations as well as serv- INTRODUCTION OF THE STREAM- brush paintings, especially Song dynasty land- ing as an advocate for the City of Arvada. LINED AND IMPROVED METHODS scapes that expressed mountains, trees and I extend my deepest congratulations to La AT POLLING LOCATIONS AND fog with nominal brush strokes. He graduated Patisserie Francaise for this well-deserved EARLY VOTING ACT from Otis and joined the Depression-era Fed- recognition by the Arvada Chamber of Com- eral Art Project, creating paintings for govern- merce. HON. STEVE COHEN ment buildings and other institutions. During OF TENNESSEE this time period he was a featured artist at an f IN THE HOUSE OF REPRESENTATIVES Art Institute of Chicago exhibition that included Wednesday, February 1, 2017 artists such as Pablo Picasso, and was active TO HONOR THE IMPERIAL COURT in organizing local art exhibitions for Los An- DE FORT WORTH/ARLINGTON Mr. COHEN. Mr. Speaker, I rise today in geles’ Asian artists. support of the Streamlined and Improved In 1937, Tyrus married Ruth Ng Kim, and Methods at Polling Locations and Early Voting after the birth of their first daughter, Kay in HON. MARC A. VEASEY Act, also known as the ‘‘SIMPLE’’ Voting Act 1938, he began working for Disney as an for short. I introduced this bill earlier today. ‘‘inbetweener,’’ where he worked on hundreds OF TEXAS This is a scary time for voting rights. We are of Mickey Mouse sketches. After learning IN THE HOUSE OF REPRESENTATIVES witnessing an assault on voting rights the likes about Disney’s film ‘‘Bambi,’’ which was in of which our nation has not seen since the pre-production, he created watercolors and Wednesday, February 1, 2017 passage of the Voting Rights Act in 1965. The drawings of a deer in a forest, and those tiny, President is alleging, without evidence, that evocative renderings became the basis for the Mr. VEASEY. Mr. Speaker, I rise today to there is widespread voter fraud in our country. film’s visual style and he became the film’s honor the Imperial Court de Fort Worth/Arling- We know where this is heading. It is just the lead artist. In 1941, after a Disney animators’ ton (ICFWA) in celebration of its 37 years of latest attempt to turn back the clock on voting strike, Mr. Wong went to work at Warner service to the LGBTQ community in the 33rd rights since the Supreme Court overturned a Brothers Studios as a film production illustrator Congressional District of Texas. key portion of the Voting Rights Act in 2013. and sketch artist, where he drew set designs In 1979, thirty founding members estab- In the name of protecting Americans from and storyboards for movies such as ‘‘Sands of lished the Fort Worth/Arlington chapter of the supposed in-person voter fraud, a fraud that is Iwo Jima,’’ ‘‘Rebel Without a Cause’’ and International Court System—one of the oldest virtually non-existent, States have been enact- ‘‘Auntie Mame.’’ Tyrus retired from Warner and largest LGBTQ organizations in the world. ing voter ID laws. The real reason for these Bros. in 1968, but continued to work as an art- ICFWA is a social-community service organi- laws, however, has been anything but election ist, creating greeting cards for Hallmark Cards, zation that sponsors fundraisers for charities in integrity. It has been about partisan politics working as a ceramicist, and building and de- the community, advocates on behalf of the and discrimination. signing exquisite hand-made kites. LGBTQ community, and provides a social sup- But don’t take my word for it. Take the Mr. Wong’s life and work has been featured port system for members of the LGBTQ com- words of legislators like the then-Pennsylvania in many significant exhibitions at The Walt munity. House Majority Leader who boasted in 2012 Disney Family Museum in San Francisco and that the state’s newly enacted voter ID law The Museum of Chinese in America in New The ICFWA has given to a number of orga- would allow Mitt Romney to win his state. York City and his striking Chinese Dragon nizations throughout its decades of service to While speaking about his legislature’s accom- mural is prominently displayed in Chinatown. Fort Worth and Arlington. ICFWA fundraisers plishments, he said, ‘‘Voter ID, which is going Tyrus is featured in several documentaries, in- have benefitted the Samaritan House, Cancer to allow Governor Romney to win the state of cluding the award-winning documentary Care Services, Health Services of North Pennsylvania: done.’’ ‘‘Tyrus,’’ in which he shared his struggles with Texas, Meals on Wheels, and the Aids Out- Or take the more recent comments of a poverty, racism and adversity. reach Center. Throughout 2015 and 2016, the freshman Republican Wisconsin state rep- Mr. Wong is survived by his daughters: Kay ICFWA gave over $21,000 to various causes resentative last year who, while being inter- Fong, Tai-Ling Wong, Kim Wong and two and charities. viewed about the 2016 election, said, ‘‘And grandsons. The LGBTQ community has experienced now we have photo ID, and I think photo ID I would like to ask all Members to join me discrimination at their places of employment is going to make a little bit of a difference as in remembering Tyrus Wong, a Disney Leg- and in general society. Due to the work of well.’’ end, whose innovative work inspired genera- LGBTQ advocacy groups, such as the ICFWA, Or take the word of the U.S. Court of Ap- tions of animators, and who leaves a lasting progress has been made to ensure that Amer- peals for the 4th Circuit which said that new legacy as one of the foremost artists in Los icans of any sexual orientation are not treated provisions of a voter ID law in North Carolina, Angeles, California. differently under the law, have equal access to ‘‘target African Americans with almost surgical f healthcare services, and that their rights are precision[.]’’ According to the court, the law well protected. imposed cures for problems that did not exist, LA PATISSERIE FRANCAISE and ‘‘Thus the asserted justifications cannot Members of the ICFWA have fiercely served and do not conceal the State’s true motiva- HON. ED PERLMUTTER the LGBTQ community by addressing the tion.’’ needs of those suffering from HIV/AIDS. The OF COLORADO The right to vote is the cornerstone of our ICFWA helped form the Treehouse Commis- IN THE HOUSE OF REPRESENTATIVES democracy. It is sacred. Yet, sadly, we have sion, which is still active today, during the an ugly history in this nation of efforts to limit Wednesday, February 1, 2017 peak of the HIV/AIDS crisis to foster coordina- people’s ability to access this constitutional Mr. PERLMUTTER. Mr. Speaker, I rise tion among organizations aiding those affected right. today to recognize and applaud La Patisserie by HIV/AIDS. We need to make it easier for people to Francaise for being honored by the Arvada Several ICFWA members sat on the found- vote, not harder, and that is why I have intro- Chamber of Commerce as Business of the ing committee of the Samaritan House, a duced this bill today. Year. home for persons with HIV/AIDS, in 1991. If enacted, the SIMPLE Voting Act would re- To be honored as the Business of the Year When the local AIDS Outreach Center lost quire states to allow early voting for federal by the Arvada Chamber, businesses must grant funding, the ICFWA took on the respon- elections for at least two weeks prior to elec- have established a reputation for providing a sibility of funding the food pantry so that cli- tion day, and to the greatest extent possible superior level of customer service, using inge- ents would not go hungry. ensure that polling locations are within walking nuity and innovation to overcome challenges, distance of a stop on a public transportation and be an active participant and supporter of The ICFWA will honor the work of all of its route. community activities. members in March at its XXXVIII annual coro- It would also require that sufficient voting La Patisserie Francaise is well known for nation in Fort Worth, Texas as the Court systems, poll workers and other election re- their extraordinary leadership and heartfelt chooses a new Emperor and Empress. sources are provided, that wait times are fair commitment to the city of Arvada. The owner, I honor the Imperial Court de Fort Worth and equitable for all voters across a state, and Sadie Russo, goes above and beyond in her and Arlington’s ceaseless support and fearless that no one be required to wait longer than commitment to the community through her do- advocacy for the LGBTQ community. one hour to cast a ballot at a polling place.

VerDate Sep 11 2014 06:50 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K01FE8.010 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E119 None of this should be controversial. This is in session. He served as a bailiff under three his death. She could read Zach like a book all common sense, or at least should be, to different elected Sheriffs and is now ready to and he knew that. When Zach would use he those who want to help more Americans to enjoy his hard earned retirement. would stay as far away from his sister as pos- At every step along his storied life, Police sible and, when he was sober, it was like vote. learning to love a new person. ‘‘I couldn’t I urge my colleagues to pass this bill. Chief Eddie Buffaloe, Sr. was accompanied by stand being around him when he was using,’’ f his wife the former Ruth Langford. The two writes his sister. ‘‘He was nasty and argu- were married on January 4, 1959 and just re- RECOGNIZING AND HONORING mentative. I would have done anything in cently celebrated their 58th wedding anniver- my power to take this burden away from EDDIE MANFORD BUFFALOE, SR. sary. Together, they had three sons—Anthony, Zach, but he was the only one who had the ON THE OCCASION OF HIS RE- Deon, and Eddie Jr. who followed in his fa- power to change and overcome his struggles. TIREMENT FROM LAW ENFORCE- ther’s footsteps in law enforcement and now And he tried. He tried so hard.’’ MENT Zach touched many lives with his strength, serves as Chief of Police in Elizabeth City, determination, courage, and compassion. North Carolina. Zach was an amazing chef, and was able to HON. G.K. BUTTERFIELD Mr. Speaker, Chief Eddie Manford Buffaloe, make anyone laugh. He loved his friends OF NORTH CAROLINA Sr. has dedicated his entire adult life to public more than anything else and would do any- IN THE HOUSE OF REPRESENTATIVES service. I ask my colleagues to join me in rec- thing for them. Everyone wanted the same Wednesday, February 1, 2017 ognizing the dedication and selflessness dis- thing for Zach: they wanted him to be happy played by Chief Buffaloe over a more than 70 and sober, but most of all they wanted Zach Mr. BUTTERFIELD. Mr. Speaker, I rise to years first as a soldier, then as a volunteer to stay alive. Zach was a free spirit and honor and recognize my constituent and Special Deputy, Deputy Sheriff, Police Chief, wasn’t afraid to be who he was. He loved friend, Officer Eddie Manford Buffaloe, Sr. as going to shows with his friends, and sup- and finally as a courtroom bailiff. While Chief he retires from seventeen years of honorable porting their bands. He would even make Buffaloe is deserving of far greater accolades service as a courtroom bailiff for District and them continue to jam when everyone else from a grateful public, my colleagues in the Superior Courts in Northampton County, North was done. Zach would dance this dorky silly United States House of Representatives join Carolina. The past seventeen years as a dance, smile, and enjoy life. He never seemed me in expressing our sincere appreciation for to worry about what the next day would courtroom bailiff is but a part of a long and Chief Buffaloe’s hard work and sacrifice. bring. storied career in law enforcement that But things are not always as they seem. f spanned more than half a century. Zach was ashamed of his addiction; he kept Officer Buffaloe was born in Northampton RECOGNIZING FAMILIES IM- it very private and vary rarely would ask for County in Gumberry, North Carolina on June PACTED BY THE NATIONAL help—he wanted to keep his closest friends 3, 1931. He was one of ten children born to OPIOID EPIDEMIC out of that part of his life. the former Geneva Brooks and Eddie Bruce ‘‘It will be three years on January 28, 2017, and the pain doesn’t seem to ever go away,’’ Buffaloe. He attended Northampton County HON. ANN M. KUSTER writes his sister. ‘‘All of us—me, my parents, Training School in Garysburg, North Carolina OF NEW HAMPSHIRE and Zach’s friends are still learning to live which was recognized as a ‘‘Christian Institu- IN THE HOUSE OF REPRESENTATIVES this ‘new normal’ life, a life without Zach.’’ tion for Negro Youths of Both Sexes.’’ Fol- ‘‘On that cold Tuesday, we lost a son, a Wednesday, February 1, 2017 lowing graduation, on December 5, 1951 at grandson, a brother, a nephew, a cousin, a age 20, Eddie Buffaloe enlisted in the United Ms. KUSTER of New Hampshire. Mr. best friend. I will never get to go to a New States Army. Speaker, I rise today to include in the RECORD York Ranger game like we always talked He served on active duty for two years be- the personal stories of families from across about, or a Dave Matthews concert. So many the country that have been impacted by the things we had always talked about, that now fore transferring to the Army Reserve where I will experience by myself for the both of he served an additional five years. After nearly opioid and heroin epidemic. In the U.S. we us.’’ seven years of military service, Eddie received lose 129 lives per day to opioid and heroin ‘‘I’m so thankful for all the times we an Honorable Discharge and returned to his overdose. In my home state of New Hamp- shared and all of the memories we made as Northampton County home. shire I have learned so many heartbreaking kids and as adults. I will treasure them al- It was in 1961 that Eddie’s law enforcement stories of great people and families who have ways. They are frozen in time in my mind. career commenced when he volunteered as a suffered from the effects of substance use dis- Images of Zach at happier times is the way Special Deputy with the Northampton County order. I want to remember him. They say a picture Earlier this year, my colleagues and I were is worth a thousand words, and I couldn’t Sheriff’s Department where he worked the agree more.’’ night shift. In 1965, Officer Buffaloe became a joined by many of these courageous families DANIEL AARON LUCEWICH—PERTH AMBOY, who came to Washington to share their stories full time Deputy Sheriff with the Northampton NEW JERSEY with Members of Congress and push for ac- County Sheriff’s Department. His love of law Daniel was considered the Golden Boy in enforcement compelled him to learn every- tion that will prevent overdoses and save lives. his family. He had a high IQ and was loved thing he could about his work. Since then, we passed both the Comprehen- by all of his teachers. Growing up, Daniel Officer Buffaloe participated in and com- sive Addiction and Recovery Act and the 21st worked for his aunt and uncle at the family pleted significant training at the Northampton Century Cures Act to provide much needed restaurant, Peter Pank; he was often re- County Law Enforcement Officers Training funding and critical policy changes to fight this ferred to as the ‘‘Prince of the Pank.’’ School, United States Treasury Department’s epidemic. Daniel cherished the holidays and every- thing they were about—especially how it Alcohol, Tobacco and Firearms division; Roa- The advocacy of these families truly is so important to leading change in Washington brought his extended family together. Dur- noke-Chowan Training Center; and the Univer- ing the holidays, Daniel would put up all the sity of North Carolina at Chapel Hill. and I am proud to preserve their stories. outdoor decorations—his family even won a In 1991 at the age of 70 and after sixteen ZACHARY ‘‘ZACH’’ LEN—BRIDGEWATER, NEW place in our township’s holiday decorating years with the Northampton County Sheriff’s JERSEY contests for several years. From the age of Department, Officer Buffaloe was appointed Zach was born on April 20, 1989. He grew up ten, Daniel was well known within his family Chief of Police for the town of Rich Square. in the ice rink—he started skating at four for being extremely skilled at assembling He honorably and faithfully protected the resi- and never stopped. Zach had a way about anything; he could put things together with- him, always smiling and laughing. He was al- out the instructions. dents of Rich Square and led his department ways quiet and shy at first but once he was Daniel loved surfing. He and his friends for eight years. During his service as Police comfortable he would open up. When Zach would surf off the inlet near Point Pleasant. Chief, in June of 1996, Chief Buffaloe was went to college, he started to dabble with He also enjoyed bowling and golfing with his tragically shot by a citizen during a domestic prescription pills. Zach did a great job hiding uncle and hanging with his cousins playing dispute but he recovered and continued serv- his addiction from the world. Eventually, it cards. However, Daniel’s most passionate ing the people of that community until his re- became clear that he had a problem, and hobby was buying cars and fixing them up. tirement in 1999. Always driven to serve oth- that it was out of control. That is when the Daniel was always there for his friends. He ers, he embarked on yet another career in cycle of detox and enrollment in treatment was the person they called when they needed centers began. This vicious cycle would take a hand moving, painting an apartment, or public service by serving as a courtroom bailiff place every couple of months; Zach would be even changing a flat tire at three in the for District and Superior Courts in North- sober for some time, relapse, then start the morning. Daniel truly had a heart of gold. He ampton County. cycle all over again. lit up a room just by walking into one. Dan- From 1999 until 2016—17 years—Officer Zach and his sister’s relationship became iel loved his two sisters Fallon and Katie and Eddie Buffaloe kept the peace when court was very rocky during the three years prior to his older brother Christopher.

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.013 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 His entire family loves and misses him worst was over. He started an electrician Amber’s Uncle Lou. ‘‘I am sure you all un- dearly. training program at Long Beach City College derstand the emotions involved in putting ALEXANDER ‘‘ALEX’’ JOSEPH MARKS— and never missed a day the entire semester. this together. As I thought, I recalled HUNTINGTON BEACH, CALIFORNIA On Tuesday, February 5, 2013, two young Amber’s funeral service in Pittsburgh, PA. adults came to the house; his family believes Her grandfather and her cousin (my daugh- The final death certificate from the Orange Alex may have met these ‘‘friends’’ at his County Coroner arrived in the Marks family ter) both spoke wonderful words during the court ordered drug classes. They also be- service and I felt this would be the best way mailbox: ‘‘Cause of death: acute heroin in- lieved Alex purchased heroin that day, from toxication.’’ On February 6th, 2013, Alex’s fa- to share Amber’s story.’’ these ‘‘friends’’. Alex returned home from ‘‘Below is what my daughter Gianna (12 ther found their 19-year-old son, Alexander meeting with his probation officer around years old) wrote. She stood and delivered Joseph Marks, dead in his bedroom at their 7:30 p.m., had some soup, watched the Lakers this to everyone at Amber’s funeral service. home in Huntington Beach, California. His game with his dad, said ‘‘Goodnight, I love Savannah (Gianna’s sister/Amber’s cousin) family found a needle and heroin on Alex’s you,’’ and then went to his room. At approxi- stood up at the podium to read a scripture desk. They couldn’t believe that Alex had mately 5:30 a.m. on February 6, 2013, his fa- with her Aunt Nina (Amber’s Mom). I am so turned to heroin and were devastated to ther found Alex dead in his room. The corner proud of all of them.’’ learn this was the way their son had died. report stated he had died around midnight. Hello, As you can imagine, the Marks family are ‘‘I’m sure this story is all too similar to Amber was like a sister to me. We had so having a difficult time. The wound is so many you’ve heard or read before from other much fun together from gymnastics com- deep, so raw; they thought he had overcome families who have been through this night- petitions to dancing. I loved her so much. I his addiction. Alex was working over college 1 mare,’’ writes Alex’s mother. ‘‘These past 4 ⁄2 loved how we were close cousins. And I will break before he was to go back to school to years have been the most difficult of our always remember all the fun we had. I am become an electrician. Externally, it looked lives.’’ gonna miss her alot. I want for everyone in like he was doing well, but now his family ‘‘One of the most frustrating parts of this this room to remember that she is looking understands that internally, he was sick journey, was how hard it was to get good down at us. One more thing—in heaven she is with the disease of addiction. There was no help for Alex. I prayed each and every day with Blaze. She used to dress up with him note . . . Alex’s family learned later that he for God to shine his light upon my son; to and get their picture taken. had accidentally overdosed because after so bring the right people into his life. He needed Amber’s grandfather delivered a beautiful many months of being clean, his tolerance someone other than his parents to help him eulogy after Gianna spoke, here is what he was low. but this did not happen.’’ said: During elementary and junior high school ‘‘As you can imagine, writing this is very Where do I begin? I feel like a bird with a Alex was bullied. He had two rare medical difficult, but we must not stay silent. We broken wing. God only allowed us to have conditions; Osteochondromatosis (a rare must speak out in order to make the changes Amber for a short period of time but during bone disease) and Von Willebrand (a blood that are needed both for mental health and that time she touched many lives and left us clotting disease), in addition to mental addiction treatment in this country.’’ with a lot of memories. To me, she was both health issues. At a young age, he had experi- SEAN MCLARTY—AUSTELL, GEORGIA a child and a grandchild; the two could never ences that no kid should; many surgeries Sean McLarty was born on July 11, 1980, in be separated. She brought the joy of a grand- after which he was prescribed pain medica- Lithia Springs, Georgia. Growing up, he was child and the anxiety of a child all at one tions, countless doctor visits, and home a very happy and loving child and he carried time. Amber came into my life as a toddler health care nurses who administered IV those qualities into adulthood. Sean was al- and those good memories will remain with medication. He was diagnosed with ADHD ways an absolute joy to be around. He had a me forever. around the 5th grade. knack for making people smile; the room I thank God for putting Amber in my life Alex’s Grandma died during his freshman would light up whenever he entered. He had and I am thankful that I got to see her grow year of high school. She had been the rock in two children, Caleb and Mina, who were the from a helpless little girl into a beautiful his life and he had a hard time living with- loves of his life. young lady. Amber was a big part of my life out her. He began self-medicating with pot Sean always had an aspiration for acting for the last twenty plus years. I was blessed and alcohol to cover his grief, which eventu- and went on to be featured in several films to have known her for most of her time on ally led to him using pills and other drugs. and TV shows. He had a small role in one of Earth. I’m sure that Amber has left all of Meanwhile, he was having a rough time try- Tyler Perry’s House of Payne episodes; you with a lot of good memories and I hope ing to fit in socially and many of his friends played a mute crook in a movie called Three that you share those memories with me and were also using drugs. Alex was not involved Rookies; was in the youtube series Fighting with each other some time. in school activities, no matter how many Angels; and had roles in various short films. Amber liked being the center of attention times his family encouraged him. Sean was also exceptional at repairing com- when she was in her comfort zone, but would When his addiction progressed, Alex was puters and electronics—if it was broken, he hide when that comfort zone began to col- admitted to the University of California, could fix it. lapse. She dreamed of singing in front of a Irvine as well as Loma Linda Medical Center Prior to his unexpected death, Sean want- large audience when it was just a couple of psychiatric hospital. Upon release, he at- ed to start an organization that he would us. But when the couple of us became a few tended a local treatment program and was name ‘‘Families Against Drugs,’’ to help of us, she would go into hibernation. She was expected to return to high school after 30 families affected by addiction, and let them both shy and outgoing and could switch from days. His family sought help from many know they are not alone in this fight. He had one to the other and back again in the blink medical professionals and was diagnosed a huge vision for this organization. However, of an eye. with depression and bipolar disorder. When Sean could not seem to help himself. Her creativity was endless. She and Grand- nothing seemed to be helping, Alex was sent On March 28, 2011, Sean was found dead in ma could turn scraps of anything into works to Heritage Residential Treatment Center in a motel room just south of Atlanta, Georgia. of art. Amber had an interest in everything Provo, Utah, where he spent 8 months in a The autopsy report determined the cause of from acrobatics to woodworking and all dual diagnosis treatment center. He came death to be from the toxic effects of Meth- things in between. Amber gave me those home and graduated high school but within a amphetamine. However, even the police offi- hand-made treasures with such pride and I few months he was hanging out with old cer in charge of his case, didn’t believe there still have many of them. friends and local’s he’d met in treatment. In was enough meth in Sean’s system to cause Amber also had that gentle side. She sel- December 2011, at the age of 18, Alex was ar- death. dom raised her voice and was uncomfortable rested and charged with a felony for receiv- After speaking to someone close to him, when others did so in anger. She was a care- ing stolen property with the intent to sell. Sean’s family found out that he had been in taker at heart, which showed when she He was sent to jail for 7 months. possession of a drug called 1,4–Butanediol, worked at Norbert’s. Amber was the oldest of Alex followed the path of many before him; which is comparable to the drug ‘‘gamma- our grandkids, so she loved playing with and he was stealing for drug money—opioids. He Hydroxybutyric acid’’ (GHB); and acts as a helping her younger cousins. She learned pa- ended up with 3 years’ probation with the stimulant and aphrodisiac, enhancing eupho- tience from her Grandma and passed some of stipulation that if he completed all that was ria. This drug is what is believed to have that on to me. I loved those hugs when we required, the felony would be removed from killed Sean. 1,4–Butanediol is odorless, color- parted company. his record. These tough learning experiences less, and extremely difficult to detect in Amber could light up any room she entered made him realize that he never wanted to go toxicology screening. even as she struggled with depression—she so back to jail. He wanted his freedom—he Sean was never a regular drug user, he wanted to be happy. She handled the depres- wanted his life back. used more casually. When Sean died from an sion in the best way that she could. I On July 5, 2012, Alex was released from jail overdose, it seemed unreal that it would hap- watched her go through those ups and downs at 3 a.m. (without guidance or supervision— pen to someone like him, with so much po- so many times. When she thought she had a something his family will never understand). tential and life left to live. plan to regain control of her life, she would Although he was overwhelmed by the court AMBER MERSING—PITTSBURGH, get slapped down again and would not be ca- fees and classes he had to take, Alex was de- PENNSYLVANIA pable of following through with her plan. termined to succeed. Once again he was a joy ‘‘Thinking about Amber’s story and how to After seeing Amber’s struggle, I thanked God to be around and his family believed that the share it with 144aDay was difficult,’’ writes that I have never personally experienced

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.015 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E121 those ups and downs. I also thank God that them he’d see them in the morning and that past, present, and future of the African Amer- it is not my place to judge her if she felt that he loved them. He didn’t text or call them ican community. As Americans, we come to- she was doing her best. Jesus said, ‘‘Judge that evening. gether to commend the many educators, writ- not, and you will not be judged, condemn The dreaded call came at 4:21 a.m. from the ers, and mentors who have worked so dili- not, and you will not be condemned, forgive, friend Trenton was living with. The friend and you will be forgiven.’’ (Luke 6:37) Be- began with: ‘‘I think you need to come out gently to improve educational opportunities for cause one’s behavior toward others often here!’’ Trenton’s mother asked him what was African American students throughout the ends up being paid back in kind—and some- wrong and he replied, ‘‘I think Trent’s over- country, but we must acknowledge that there times even to a greater degree—Jesus con- dosing!’’ His mother hung up the phone im- is still much more progress to be made. tinued to urge His disciples to be tolerant. In mediately, jumped out of bed screaming. Throughout American history, the unfortu- particular, Jesus prohibits condemning oth- They got into their car and drove as fast as nate reality is that there have been racial bar- ers and commends forgiveness. they could. riers to equal education. The crisis in black I remember Amber as that little girl who They arrived at the friend’s home in a mat- education began during the era of slavery would run and jump on my lap in happiness ter of minutes. The police and the ambulance when it was against the law for slaves to learn and run to me when she was afraid. There were already there. They were met by an of- were the play-in-the-dirt clothes and pretty ficer on the porch of the house. It was too how to read and write. Before the Civil War, girl dresses; dance lessons, softball games, late. Trenton was dead. free blacks in northern cities had to walk long and taekwondo; pierced ears, nose, lip, etc; The authorities believe Trenton received distances to attend the one school regulated curly hair, braided hair, and straight hair; what they call a ‘‘hot load’’: heroin laced solely for African American students, while this tennis shoes and high heels; Disney movies with fentanyl. limitation did not exist for white children. By and The Nightmare Before Christmas; school That same weekend, over 75 overdoses were 1910, segregation was established throughout and church; and so on and so on and so on. reported in Ohio. The heroin was laced with the south. African American schools were of Pick any of them or add your own. Some of elephant tranquilizers. lower quality and received less government them I didn’t like at the time but I’m going ‘‘This has been the worse pain we ever funding per student than in white schools. Dur- to miss every single one. I have a lot of felt,’’ writes Trenton’s mother. ‘‘Nothing or memories and no one can take them away. no one can ever bring our son back. Our ing the Civil Rights Movement, significant Amber has been immortalized in my heart grandson is going to grow up without his fa- steps toward positive change were made, in- and those memories will remain. I’m sure all ther.’’ cluding the Supreme Court case of Brown vs. of you have fond memories of Amber that f Board of Education, which outlawed seg- you will hold on to. regated school facilities for black and white Amber believed in God and I believe that JEFFERSON CENTER FOR MENTAL students at the state level. The Civil Rights Jesus has welcomed her into Heaven where HEALTH Act of 1964 ended state and local laws requir- she will spend eternity. Amber no longer has to deal with the pain associated with mor- ing segregation. tality. I have faith that I will see her again HON. ED PERLMUTTER Today, many African American youth remain exposed to public school systems where re- and that she will be there to welcome me OF COLORADO sources are limited, overcrowding occurs, and into eternity. I will miss her dearly but I can IN THE HOUSE OF REPRESENTATIVES now think of her as an angel that is looking a glaring racial achievement gap is evident, over me and she will look out for me when I Wednesday, February 1, 2017 especially in urban areas. As Americans, we need help. I love you Amber and I always Mr. PERLMUTTER. Mr. Speaker, I rise must continue to work together to resolve the will. today to recognize and applaud the Jefferson crisis in black education as it is, without a TRENTON MUNN—IONIA, MICHIGAN Center for Mental Health for being honored by doubt, one of the most critical issues facing Trenton Munn, died August 21, 2016, from the Arvada Chamber of Commerce as the our communities. an accidental heroin overdose. He was 31 This month and always, it is important that years old. Non-Profit of the Year. Trenton suffered from drug addiction since To be honored as the Non-Profit of the Year we honor and celebrate America’s greatest his late teen years. He fast became addicted by the Arvada Chamber, a non-profit must advocates for equal rights and civil liberties. to Oxycontin, and when that became hard to show how they support Arvada through their Along with this month’s theme, we honor come by, he turned to heroin. It was a cheap- programs, services and involvement. These those who have fought for equal educational er, easier to find alternative. non-profits are known for their ingenuity and opportunities for African Americans, including When his son, Harley was born in May 2012, Booker T. Washington, W.E.B. Du Bois, Cor- Trenton tried to quit cold turkey. He wanted innovation to overcome challenges as well as their active and effective work with the local nell West, Maxine Smith, Carlotta Walls La- to get clean for his son. Trenton also suf- Nier, Joe Lewis Clark, Fannie Jackson fered from anxiety and depression. During business community. the past four years Trenton tried repeatedly The Jefferson Center for Mental Health is Coppin, and Alexander Crummell, among to get off heroin. one of these non-profits. As a community many others. As we pay tribute to these he- This past March his family discovered that mental health center that looks to inspire hope roes of American history, let us remember Trenton had advanced to shooting up heroin. and improve the lives of the members of their their profound perseverance, sacrifice, and Even though he had said he would not stick community, their incredible work and innova- struggle in the fight for freedom and equality, a needle in his veins. and the remarkable impact their contributions After many failed attempts in treatment, tive approach has helped to serve those in our with everyone telling us we had to do tough community who often have nowhere else to have had in shaping our great nation. love, we decided to remove Trenton from our turn. In addition to receiving this recognition, Mr. Speaker, I ask that you and my distin- home. It broke his familys hearts having to Jefferson Center for Mental Health has also guished colleagues join me in celebrating put their child out on the streets. been named a Top Workplace for four straight Black History Month and honoring those who Trenton was then taken in by a friend. The years by the Denver Post. fought, and continue to fight, for civil rights friend promised he didn’t condone heroin and I extend my deepest congratulations to the and justice. We honor the African American there’d be none of it in his home. educators, scholars, and supporters of edu- Throughout this past summer, Trenton Jefferson Center for Mental Health for this would come to his family’s home for his pa- well-deserved recognition by the Arvada cational equality, who have played such a crit- rental visits with his son. Since his son’s Chamber of Commerce. ical role in changing the landscape of Amer- ican society for the better. As we reflect on the mother had gotten in trouble with the law, f Trenton was given full custody of Harley. state of black education, let us never forget Trenton also had just began a new job, was RECOGNIZING BLACK HISTORY the struggle of our predecessors while remem- looking healthier and had gained some MONTH bering that there is still much work to be done. weight. His family thought he was kicking f his addiction. Things were looking up. Due to Trenton not having a car, his par- HON. PETER J. VISCLOSKY HONORING THE SERVICE OF WIN ents were driving him to and from work. The OF INDIANA AND POLLY BELANGER last day they saw their son was Saturday, IN THE HOUSE OF REPRESENTATIVES August 20, 2016. They picked him up from work at 4:00 p.m., as usual. Nothing really Wednesday, February 1, 2017 HON. ELISE M. STEFANIK OF NEW YORK seemed out of the ordinary, other than Tren- Mr. VISCLOSKY. Mr. Speaker, it is with ton not asking what his mother was making IN THE HOUSE OF REPRESENTATIVES great respect that I rise today to celebrate for supper. He normally would come have Wednesday, February 1, 2017 dinner with his family. Black History Month and its 2017 theme—The When his parents arrived at the friend’s Crisis in Black Education. This year’s theme Ms. STEFANIK. Mr. Speaker, I rise today to house where Trenton was living, he told reflects on the crucial role of education in the honor and recognize Win and Polly Belanger

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.016 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 of Willsboro, New York, for their consistent as one of the best states for business, and sional Gold Medal to Muhammad Ali in rec- and enduring dedication to community service. Diana Food’s decision to establish a facility in ognition of his contributions to our nation. I be- After retiring from the United States Air Northeast Georgia is a testament to the strong lieve it is long past time to recognize an Amer- Force in 1988, Win Belanger moved to workforce and economic promise that Georgia ican civil rights activist and sporting legend Willsboro, New York, with his wife Polly, provides. with Congress’ highest honor. Unfortunately, where they have worked for the betterment of Diana Food provides innovative, sustainable Congress failed to act before The Champ’s their community by lending both their ears and ingredients for the food industry, and the com- death last summer, at the age 74, so I ask my their voice. pany’s new $50 million facility will provide colleagues to join me now in honoring an By urging individuals in Essex County to be- more than 80 new jobs to the heart of the American hero. Over the course of his illus- come more involved in their government and Ninth District of Georgia, invigorating the local trious career, Muhammad Ali produced some enter into public service, the Belangers have economy and showcasing Georgia as a pre- of our nation’s most lasting sports memories. helped to encourage authentic and sincere mier state in which to do business. I grew up From winning a Gold Medal at the 1960 Sum- representation. Additionally, Win has shown a and raised a family just a county line over mer Olympics, to lighting the Olympic torch at steadfast commitment to the wellbeing of his from Banks County, and can attest to the vigor the 1996 Summer Olympics, his influence as peers through his work on the Willsboro Cen- of the local economy; Diana Food made the an athlete and a humanitarian spanned over tral School budget committee, the town zoning right choice. This decision is a win for Banks fifty years. board and as a founding member and officer County, for the state of Georgia, and, most im- Despite having been diagnosed with Parkin- of the Willsboro Community Housing Assist- portantly, for the people who call our corner of son’s disease in the 1980s, Ali devoted his life ance Task Force. the Peach State home. to charitable organizations. Ali, and his wife On behalf of Essex County, I would like to Mr. Speaker, I am honored to congratulate Lonnie, were founding directors of the Muham- thank Win and Polly for their service, their pa- Banks County on its economic drive and mad Ali Parkinson Center and Movement Dis- triotism and their friendship, while also wishing Diana Food on their decision to expand oper- orders Clinic in Phoenix, AZ and helped raise them the best of luck in their future endeavors. ations to Georgia. I am looking forward to see- over $50 million for Parkinson’s research. In f ing the positive community impact this invest- addition to helping families cope with illness, ment will have on Banks County, Northeast Ali led efforts to provide meals for the hungry MEGAN VILLANUEVA SELECTED Georgia, and the future of Georgia business. and helped countless organizations such as TO REPRESENT TEXAS AT CON- f the Make-A-Wish-Foundation and the Special GRESS OF FUTURE MEDICAL Olympics. LEADERS PERSONAL EXPLANATION Muhammad Ali’s humanitarian efforts went beyond his charitable activities in the United HON. PETE OLSON HON. JOHN H. RUTHERFORD States. In 1990 Muhammad Ali traveled to the OF TEXAS OF FLORIDA Middle East to seek the release of American IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES and British hostages that were being held as human shields in the first Gulf War. After his Wednesday, February 1, 2017 Wednesday, February 1, 2017 intervention, 15 hostages were freed. Thanks Mr. OLSON. Mr. Speaker, I rise today to Mr. RUTHERFORD. Mr. Speaker, I was un- to his devotion to diplomatic causes and racial congratulate Megan Villanueva of Katy, TX, for avoidably detained and I missed the following harmony, Ali was the recipient of many acco- being chosen to represent Texas as a Dele- roll call votes. Had I been present, I would lades, including being chosen as a ‘‘U.N. Mes- gate at the Congress of Future Medical Lead- have voted: senger of Peace’’ in 1998 and receiving the ers by the National Academy of Future Physi- YEA on Roll Call 36 Presidential Medal of Freedom in 2005 from cians and Medical Scientists. NAY on Roll Call 37 President Bush. The Congress of Future of Medical Leaders NAY on Roll Call 38 Through his unyielding dedication to his is an honors program for high school students NAY on Roll Call 39 sport and to struggling populations around the who plan to become physicians or go into NAY on Roll Call 40 world, Muhammad Ali still serves an example medical research fields. Students must be NAY on Roll Call 41 of service and self-sacrifice for generations of nominated by their teachers, have a minimum NAY on Roll Call 42 Americans. The Congressional Gold Medal is 3.5 GPA, proven desire to enter the medical NAY on Roll Call 43 a fitting commemoration of his life and work, field, and inspire and motivate their peers. NAY on Roll Call 44 for which he is deservingly known as ‘‘the Multi-talented Megan has also received YEA on Roll Call 45 Greatest.’’ awards and has been acknowledged for her NAY on Roll Call 46 Mr. Speaker, I hope my colleagues will join artistic skills. In junior high school, she also NAY on Roll Call 47 me in recognizing one of our nation’s most won the gold medal at the Houston Livestock NAY on Roll Call 48 lasting and influential figures by signing on to Show and Rodeo School Art Program com- NAY on Roll Call 49 this important legislation. petition. NAY on Roll Call 50 f On behalf of the Twenty-Second Congres- YEA on Roll Call 51 sional District of Texas, congratulations again NAY on Roll Call 52 RECOGNIZING FAMILIES IM- to Megan Villanueva for being selected to rep- NAY on Roll Call 53 PACTED BY THE NATIONAL resent Texas at the Congress of Future Med- YEA on Roll Call 54 OPIOID EPIDEMIC ical Leaders. We wish her luck and look for- YEA on Roll Call 55 ward to seeing her future success in the med- YEA on Roll Call 56 HON. ANN M. KUSTER ical field. NAY on Roll Call 57 OF NEW HAMPSHIRE f YEA on Roll Call 58 IN THE HOUSE OF REPRESENTATIVES YEA on Roll Call 59 RECOGNIZING DIANA FOOD’S IN- Wednesday, February 1, 2017 f VESTMENT IN BANKS COUNTY, Ms. KUSTER of New Hampshire. Mr. GEORGIA AWARDING THE CONGRESSIONAL Speaker, I rise today to include in the Record GOLD MEDAL TO HUMANITARIAN the personal stories of families from across HON. DOUG COLLINS AND SPORTING LEGEND MUHAM- the country that have been impacted by the MAD ALI OF GEORGIA opioid and heroin epidemic. In the U.S. we IN THE HOUSE OF REPRESENTATIVES lose 129 lives per day to opioid and heroin ´ overdose. In my home state of New Hamp- Wednesday, February 1, 2017 HON. ANDRE CARSON OF INDIANA shire I have learned so many heartbreaking Mr. COLLINS of Georgia. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES stories of great people and families who have rise today to announce the exciting economic suffered from the effects of substance use dis- investment Diana Food, a global provider of Wednesday, February 1, 2017 order. natural ingredients to the food and beverage Mr. CARSON of Indiana. Mr. Speaker, as Earlier this year, my colleagues and I were industries, has made in Banks County, Geor- we begin Black History Month, I am proud to joined by many of these courageous families gia. Georgia has previously been recognized reintroduce legislation to award the Congres- who came to Washington to share their stories

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K01FE8.012 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E123 with Members of Congress and push for ac- tail, walk to work, and his parents were his she built strong sober relationships and tion that will prevent overdoses and save lives. only social life. At the Harvard affiliated learned to manage her life and her addic- Since then, we passed both the Comprehen- rehab, Victor obtained a sponsor and the tions. She was working a full time job at a doctor advised Victor’s parents to support cafe´, which she really enjoyed and the cus- sive Addiction and Recovery Act and the 21st his move to an apartment in New York City. tomers loved her. Her mother was so very Century Cures Act to provide much needed When Victor died, he was alone. The au- proud and happy for her. Kelsey later left the funding and critical policy changes to fight this topsy indicated a small amount of heroin halfway house and moved into an apartment epidemic. and cocaine, but because he had not been with a friend, only to end three short months The advocacy of these families truly is so using for 6 months it hit him like a freight later after relapsing. important to leading change in Washington train. The NYPD discovered his sponsor was On December 17, 2014, at 6:10 a.m., Kelsey’s and I am proud to preserve their stories. a drug dealer from Long Island, NY. The mother received a knock on my door from a phone records indicate the sponsor called policeman, who handed her a small piece of VICTOR BENJAMIN SURMA—BRIDGEVILLE, Victor at 3 a.m. the morning of his overdose. paper and told her to call the Lantana Police PENNSYLVANIA After his death, the community did not Department. She truly thought to herself, Victor Benjamin Surma was born July 20, know what to say to his family. It was hor- ‘‘Oh, Kelsey must have gotten into trouble.’’ 1983. He died on January 26, 2014 from a her- rible for them not to have support even in The detective on the other end of the phone oin overdose. Victor was an excellent ath- light of Victor’s death. Addiction was per- said, ‘‘Ma’am I’m sorry to tell you your lete. At the age of 15 he fractured his spine ceived as a weakness, poor parenting, not as daughter, Kelsey Suzanne Vaudreuil is de- playing football. The orthopedic surgeon pre- a disease. ceased.’’ Kelsey passed away in a motel Victor’s parents hope is to give support to scribed oxycodone. Prior to being prescribed room—how that broke her mother’s heart. other parents and families who are isolated a narcotic, Victor did not drink or use drugs. She’ll never know what truly happened that and have a loved one suffering from sub- Victor was a fly fisherman, outdoorsman, ex- night, but the autopsy report said it was a stance abuse disorder. Insurance companies cellent mogul skier. He was a good student multiple intoxication, accidental overdose. must step up and cover treatment. Treat- and he had a bright future. Victor played Kelsey’s little frame just couldn’t handle ment needs to be more than 28 days. If Vic- football at a Division I college. His third anymore poison but in God’s great Mercy, he tor’s parents had known that he may have year, he quit the team. took her home at 2:50 a.m. in that small had a chance to live with this disease with Victor struggled with substance abuse. His motel room. the help of extended rehab, they would have parents were unaware that prescription ‘‘Drug use has plagued my family for done anything possible to facilitate Victor’s drugs would be highly addictive because of years,’’ writes Kelsey’s mother. ‘‘Kelsey’s recovery. His family looks at Victor’s death the history of drug and alcohol abuse in both passing has changed mine, my family’s, and as a wasted, tragic loss of a loving, intel- of their families. Education and prevention, friend’s lives forever. It’s a loss that I can ligent, compassionate, and vital person for especially for families with genetic pre- never truly find the right words to express this world. disposition to abuse is essential knowledge, other than to say it’s a void in my heart that beginning at the earliest age for children. Victor’s family misses him every second of every day. Losing a child to drug overdose is cannot be filled.’’ Victor had a dual major in college in busi- ‘‘Addiction is a horrible disease and drugs another stab in their hearts as support and ness and communications. He was a success- don’t care anything about you. If you are in compassion recognizing addiction as a dis- ful campaign model during and after college, active drug use, please reach out! Don’t iso- ease is nil. Only through legislation, edu- and an orthopedic sales representative for late yourself; there’s no shame. Remember, cation and insurance participation can we as Smith and Nephew. Victor was awarded YOU ARE LOVED!’’ ‘‘Rookie’’ of the year in sales nationwide. To a society stop this fatal disease. JUSTIN WOLFE—PHILADELPHIA, maintain his ability to work, Victor would KELSEY SUZANNE VAUDREUIL—WELLINGTON, PENNSYLVANIA drive an hour after a 10 hour day of working FLORIDA in the hospital to find a doctor who would Kelsey Suzanne was born August 25, 1991, Justin was intelligent, kind, thoughtful, give him suboxone. The effort to obtain in West Palm Beach, Florida, but lived most loving, caring and loved life to the fullest. suboxone daily exhausted Victor physically of her life in her hometown of Wellington. However, Justin’s story is similar to most and mentally. He could only work with the Growing up, Kelsey was a sweet, soft spoken who have an addiction, and that is he began daily dose of suboxone, but could not func- child who made friends easily. She had two drinking at 15 and eventually moved on to tion without having a doctor closer to his brothers, Korey and Austin, whom she loved other substances, which was learned while he home. No one could. with all of her heart. In Kelsey’s pre-teen was in college. Justin in his younger years Victor could not stop using prescription years she loved the baton and was very in- played soccer, ice hockey, street hockey, la- drugs. He fought like a soldier to stop the volved with a discipleship group from crosse and did karate. He attended Drexel urges to use drugs. Victor also was unin- church, which strengthened her faith and and Syracuse Universities, respectively, but formed in thinking he was weak and was wisdom in God. mid-year was dismissed from each due to ab- shamed because of his drug habit. At age 16, Kelsey began working at a small errant behavior. Justin saw therapists as a Victor went to Caron Rehab, Gateway town movie theatre in Wellington—sadly, result of his aberrant behavior and drinking Rehab, Wonderland Rehab, two rehab facili- that is where her opiate use began. From since he was 15 years old. However, they ties in Florida, Mountainside Rehab, and the there on, Kelsey then graduated from smok- thought it was his anxiety, OCD and behav- last rehab was associated with Harvard Med- ing opiates to using heroin. For seven years, ior, not realizing he had a hidden addiction. ical Center. Admittance to emergency room off and on, Kelsey was in and out of detox His dream was to complete college and be- care when he voluntarily required life saving clinics, treatment centers, residential facili- come a successful businessman. However, the intervention was denied. His parents accom- ties, hospitals, and halfway houses. Kelsey’s punishments, reprimands and good parenting panied Victor to Mercy Hospital in Pitts- mother was her biggest cheerleader; she did not halt Justin’s behavior of what we burgh, Pennsylvania. The blood test indi- loved, encouraged, and begged her to stop later learned was a deep seated addiction. cated so many drugs in Victor’s system that using and to try again. No matter how In April of 2012, Justin approached his he qualified for admittance. However, there Kelsey felt her mother kept pushing her with mother and admitted that he was addicted to were not enough beds. They left not knowing God’s love and her own. Percocet and Oxycontin. She took him to what to do and Victor continued using. There was probably around seven or eight their family physician and during the ap- Victor got two DUI’s and lost his license times her mother allowed Kelsey to live at pointment, Justin asked the doctor not to for two years within a week of being denied home, but only if she promised she’d stay tell me about his issues, claiming that the admittance to Mercy Hospital. He lost his lu- clean and not use. This privilege would end if news would ‘‘kill me.’’ The physician told his crative job, all his accumulated money in she used drugs. Sadly, after a short stint at mother to take Justin to a crisis center im- bank accounts, his two cars, and became so home, Kelsey started using again. Her moth- mediately for treatment, but Justin con- desperate and ashamed he went into a down- er unfortunately had to ask her to leave— vinced her, without the doctor’s knowledge, ward spiral. Isolation from friends, family, how that killed her to have her child leave to take him to a suboxone doctor that he had and society was heart-wrenching. without knowing where or who she would go found instead. Once his source of income was depleted, to but the boundaries had to be put in place. Two months later his father was finally in- Victor started using heroin. At this point he Kelsey had lost her father in March of 2011, formed, against Justin’s wishes, about his qualified for methadone. His parents would which broke both her and her brothers’ addiction to Percocets. He demanded that drive Victor to the methadone clinic, and it hearts. Kelsey’s mother believe this intensi- Justin go to an inpatient rehab but he said was at the clinic where he made the ac- fied her drug use. Even though Kelsey said as a 21 year old he could make his own deci- quaintance of a drug dealer. Victor was she was okay, she always had that big beau- sion; he didn’t want to go to an inpatient fa- aware of the seriousness of drug dealing and tiful smile of hers that covered so much cility for fear of being exposed to more dan- would not participate. However, Victor had pain. Kelsey also miscarried her son, Mason, gerous drugs, such as heroin and crack co- fallen so low that his parents paid a huge at four months along. This was devastating caine. Unbeknownst to us, he had been using amount of money for him to go to a Harvard for her; the shame and guilt she carried was heroin for quite some time at that point. affiliated drug program. overwhelming. Eventually, he agreed to participate in an Victor was clean for 6 months prior to his In 2012, Kelsey was almost a year sober and outpatient treatment program for the sum- overdose. He humbled himself to work in re- living in an all-girls halfway house. There mer and began weekly psychiatric visits.

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.021 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 While he was in the program Justin’s father friend. He was truly one of a kind. Brad help ensure the success of many community contacted the intake director to inquire loved everyone, and everyone loved him. His and chamber events. In addition, Ethan dedi- about his progress. He was informed that family meant the world to him. Brad also en- cates his time and has helped make signifi- they could not disclose any information joyed spending time with his friends’ chil- under HIPAA regulations. The following Sep- dren. cant contributions to Leadership Arvada and tember Justin attended Temple University Throughout Brad’s short life, one of his Arvada Young Professionals. The Arvada as a sophomore and joined a wonderful fra- biggest interests was sports—whether he was Chamber team can always count on Ethan to ternity AEPI. He continued to see a psychia- participating or simply watching, he was al- go above and beyond. trist and things seemed to be going well, ways engaged. In high school, he excelled at I extend my deepest congratulations to which made his passing on December 19th, football, basketball, and track, and also en- Ethan Clewell for this well-deserved honor 2012, all the more shocking to his family. joyed playing golf. Even when he was older from the Arvada Chamber of Commerce. Justin’s father explained Justin’s history he still participated in small-sided football of substance abuse to the psychiatrist who games, church basketball leagues, dek hock- f tried to counsel him and monitor his pre- ey, and baseball games. No one knew more REPORT TO THE PRESIDENT ON scriptions for depression, anxiety, and OCD. about sports than Brad, which helped him to 902 CONSULTATIONS After Justin passed away his father learned become an outstanding sports trivia player. that he hadn’t disclosed his heroin addic- Every year Brad played in the Lyndora tion—except to say that he had tried it once. Turkey Bowl, a neighborhood football game HON. GREGORIO KILILI CAMACHO Throughout Justin’s time in college, he held on Thanksgiving Day, where the young- made friends who had also been in and out er guys played against the older generation. SABLAN rehab, including one boy who was attending Brad enjoyed these games so much. He also OF THE NORTHERN MARIANA ISLANDS pharmacy school, a local judge’s son who was a passionate supporter of Pitt Panther IN THE HOUSE OF REPRESENTATIVES worked for a Governor, and an attorney’s football and regularly attended games with Wednesday, February 1, 2017 son. These examples demonstrate how addic- his dad, sister, cousins, and friends. Pitt tion is indiscriminate—its devastation games are precious memories of times spent Mr. SABLAN. Mr. Speaker, I rise today to reaches all ethnicities and socioeconomic with Brad. memorialize the Report to the President on backgrounds. When his family found out that Brad loved music; going to concerts with 902 Consultations and in so doing recognize Justin had passed away from an overdose of his close friends was what he looked forward the vitality of the Covenant to Establish a heroin, the entire family was shocked. Only to more than anything. In school, history Commonwealth of the Northern Mariana Is- was Brad’s favorite subject. He studied his- upon further investigation did his father lands in Political Union with the United States learn that heroin is rampant in our commu- tory at Indiana University of Pennsylvania nities—killing our children and destroying and went on to receive his associate’s degree of America. the lives of their families. from Butler County Community College on The Covenant is the fundamental agree- ‘‘We, as a society, need to advance edu- May 19, 2009. We were all so proud of him for ment that brought the Marianas into this na- cation in schools at every grade level regard- this accomplishment. It seemed Brad’s life tion. It was approved by 79 percent of island ing the dangers of abusing opiates and the would be everything he dreamed it could be. voters in a 1975 plebiscite and by the U.S. slim recovery rates of those who become ad- We all were so hopeful that he would have a Congress in U.S. Public Law 94–241 the fol- dicted,’’ writes Justin’s father. bright future. lowing year. President Ronald Reagan brought However, around the time Brad graduated ‘‘It seems as though no one speaks about the Covenant into full force and effect in 1986, their family’s struggle with addiction due to from college, he became addicted to prescrip- embarrassment or shame. However, within tion pills. ‘‘I knew there was a problem,’’ pursuant to his Proclamation 5564. two months of my son’s death, I spoke to writes his mother. ‘‘But because I was naive, The Covenant lays out in detail the nature well over 25 parents who came forward with I didn’t know exactly what was wrong. Brad and conditions of the relationship between the stories similar to mine—several stints of was becoming moody and depressed—the Northern Mariana Islands and the United rehab— only to lose their child to an over- total opposite of the laid-back young man he States. There is recognition embedded in this dose. Many families I have spoken to could always was in the past.’’ agreement, however, that matters may arise no longer afford the high costs of treatment; In January of 2014, Brad admitted his ad- periodically affecting the relationship, and the diction to prescription pills and asked for their insurance would only cover a limited Covenant provides a mechanism for their ex- period of rehabilitation.’’ help. It was believed he was using heroin at Justin was not violent and would never in- that time, but he didn’t admit it. His moth- amination. Section 902 requires that the Presi- tentionally hurt a soul, but his addiction er’s heart broke as she watched Brad sobbing dent of the United States and the Governor of hurt and endangered the lives of those close because of the shame and guilt he felt from the Commonwealth of the Northern Mariana to him, including his younger brother. I his addiction. He told her he was lost. His Islands will appoint special representatives at thank God that Justin never hurt anyone on family tried so hard to help him. Brad went least every ten years to meet and consider the road. I have pictures of his apartment into treatment three times. He always be- these matters and then make a report and that demonstrate how he was living at col- lieved he could overcome his struggles with recommendations regarding them. addiction but his mother never truly under- lege; there were cigarette burns on his bed- In January of this year, special representa- ding from all of the times he nodded out. stood how hard it really was for him. No one could save Justin—not his family, The saddest day of her life was March 17, tives of the President and the Commonwealth, friends, nor Justin himself, but it is his fa- 2016—the day Brad lost his battle with addic- having met pursuant to Section 902, issued ther’s hope that with much needed change, tion. He passed away from an overdose of their Report to the President. Today, I include Justin’s tragedy and his advocacy can help heroin laced with Fentanyl. Brad’s parents in the RECORD a web address to that report, to save millions of young lives. Since lost their baby, their only son that day. so that it will be available to all Members of Justin’s passing, his father has spoken to Their daughter, Kelly, lost her only sibling Congress and to the public at large, and so close to a thousand parents and children re- and best friend. They all are struggling with the grief of such a huge loss. that the work and recommendations of all in- garding opiate and heroin abuse in order to volved in producing this document will be me- bring awareness, education and prevention f amongst our communities. If there is one morialized and widely accessible. The address pertinent fact that he can bring to the fore- ETHAN CLEWELL is: http://sablan.house.gov/sites/ front, that is for every parent to have a sablan.house.gov/files/documents/ Power of Attorney, a Medical Directive for HON. ED PERLMUTTER 902%20Final%20Report.pdf. their 18 year old so they are made aware of OF COLORADO f their symptoms, medical condition and are IN THE HOUSE OF REPRESENTATIVES apprised of every step throughout their 25 YEAR AND GOING STRONG: young adult’s care. Wednesday, February 1, 2017 KSBJ AND TIM MCDERMOTT BRADLEY MICHAEL ZULICK—BUTLER, Mr. PERLMUTTER. Mr. Speaker, I rise PENNSYLVANIA today to recognize Ethan Clewell for being HON. TED POE Bradley Michael Zulick was born August honored by the Arvada Chamber of Com- OF TEXAS 21, 1986, in Butler, Pennsylvania. As a child, merce with the Behind the Scenes Award. IN THE HOUSE OF REPRESENTATIVES he always made his family laugh and The Behind the Scenes Award recipient is brought joy and laughter to everyone lucky selected by the Arvada Chamber of Com- Wednesday, February 1, 2017 enough to know him. His friends and family describe him as funny, thoughtful, and a po- merce staff to recognize an individual who has Mr. POE of Texas. Mr. Speaker, since 1999, lite young man. He was loving, kind-hearted gone above and beyond to support the efforts Houstonians wake up each Sunday and get and was a spirit lifter, with a contagious per- of the Arvada Chamber. ready for church. They get in their cars and sonality and smile. Brad was also a fantastic Ethan Clewell is the epitome of an unsung tune into 89.3 KSBJ and start their mornings athlete, a great friend, and everyone’s best hero. He works tirelessly behind-the-scenes to with Tim McDermott on his show ‘‘Enter His

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A01FE8.022 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E125 Gates.’’ The show features some of Houston’s RECOGNIZING SCOTT CHESTER KRISTINA BURGOS EARNS GIRL favorite praise and worship artists. I can’t think GRAVES SCOUT GOLD AWARD of a better way to start a Sunday than lifting up God. HON. PETE OLSON For the past 25 years, Tim McDermott has HON. AUSTIN SCOTT OF TEXAS worked to bring followers of Jesus Christ to- OF GEORGIA IN THE HOUSE OF REPRESENTATIVES gether. Serving as KSBJ President and Gen- Wednesday, February 1, 2017 eral Manager since 1992, he is the longest IN THE HOUSE OF REPRESENTATIVES Mr. OLSON. Mr. Speaker, I rise today to running general manager at any major Hous- Wednesday, February 1, 2017 ton radio station. It is the mark of a good man- congratulate Kristina Burgos of Sugar Land, ager when an organization shows growth, and Mr. AUSTIN SCOTT of Georgia. Mr. Speak- TX, for earning her Girl Scout Gold Award. that’s exactly what KSBJ has done. In 1992, er, I rise today in recognition of Scott Graves, The Gold Award is the highest achievement when Tim started, the station had only 11 em- Staff Director of the House Committee on Ag- a Girl Scout can earn. To earn this distin- ployees and drew around 45,000 listeners riculture. After 10 years of dedicated service to guished award, Kristina had to spend at least each month. Today, the station has close to agriculture policy on Capitol Hill, Scott is leav- 80 hours developing and executing a project 100 employees and draws over 800,000 lis- ing his position on the Committee at the end that would benefit the community as well as teners from not just Houston, but all over the of this month. have a long-term impact on girls. For her Gold west coast. award project, Kristina built a granite pathway As Staff Director of the House Committee It is often said that if you love what you do, in the Jardin de La Vida located at the Boys on Agriculture, Scott has helped develop a & Girls Club of Richmond-Rosenberg, TX, to you will never work a day in your life. The strategic vision for the Committee and its forty- same could be said for Tim. He says he’s make the garden more accessible for people five Members that has directly shaped Amer- with disabilities. Kristina is a sophomore at never considered his role at KSBJ a job. In- ican agriculture policy. Working directly along- stead, he considers it a passion and a calling. Clements High School and aspires to study side Chairman MIKE CONAWAY, Scott has also The station’s core value system promotes a English or film in college. dedicated himself to working for the best inter- On behalf of the Twenty-Second Congres- passion for Christ, a love for people, a serv- ests of all members of the agriculture commu- sional District of Texas, congratulations again ant’s heart and the belief that we are better to- nity. to Kristina Burgos for earning her Girl Scout gether. Gold Award. We are confident she will have Under Tim’s leadership, KSBJ has received Having worked with Scott personally, I have seen firsthand the level of expertise and com- continued success in her future endeavors. various recognitions in the radio broadcast in- We are very proud. dustry, including National Religious Broad- mitment that has made him an invaluable f caster’s Radio Station of the Year, Christian asset to the Committee. His hard work has Music Broadcaster’s Station of the Year and benefited not only the staff he works with RECOGNIZING FAMILIES IM- Best Christian Workplace. Not only does time daily, but the Members on both sides of the PACTED BY THE NATIONAL strive to make KSBJ an outstanding Christian aisle that he has loyally served. OPIOID EPIDEMIC radio station, he also mentors other radio sta- In today’s age, it is a rarity to find the com- tions both around the U.S. and internationally. bination of character, ability, and profes- HON. ANN M. KUSTER Congratulations to Tim McDermott and sionalism that Scott exemplifies. On behalf of OF NEW HAMPSHIRE KSBJ on 25 years of service to Houston Com- the House Committee on Agriculture, I would IN THE HOUSE OF REPRESENTATIVES munities. like to thank Scott for his service and wish him Wednesday, February 1, 2017 And that’s just the way it is. the best of luck in his future endeavors. Ms. KUSTER of New Hampshire. Mr. f ECORD f Speaker, I rise today to include in the R the personal stories of families from across HONORING MR. SCOTT C. GRAVES OPPOSING THE PRESIDENT’S the country that have been impacted by the EXECUTIVE ORDER opioid and heroin epidemic. In the U.S. we lose 129 lives per day to opioid and heroin HON. TED S. YOHO overdose. In my home state of New Hamp- OF FLORIDA HON. ADAM SMITH shire I have learned so many heartbreaking stories of great people and families who have IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON suffered from the effects of substance use dis- Wednesday, February 1, 2017 IN THE HOUSE OF REPRESENTATIVES order. Earlier this year, my colleagues and I were Wednesday, February 1, 2017 Mr. YOHO. Mr. Speaker, I rise today to rec- joined by many of these courageous families ognize the work, commitment, and character who came to Washington to share their stories of Scott C. Graves, House Agriculture Com- Mr. SMITH of Washington. Mr. Speaker, I stand in strong opposition to the President’s with Members of Congress and push for ac- mittee staff director. Scott is my kind of man— tion that will prevent overdoses and save lives. intelligent, understanding, and a straight unjust and un-American executive order that blindly bars individuals from entering our coun- Since then, we passed both the Comprehen- shooter. His rise from an intern on the House sive Addiction and Recovery Act and the 21st Agriculture Committee to the committee’s staff try. This action, and the situation that resulted from it, has hurt an enormous number of fami- Century Cures Act to provide much needed director over 10 years speaks to his strong funding and critical policy changes to fight this work ethic. Raised on a cattle ranch in Texas, lies, including several in Washington state. In fact, a constituent of the district I represent, a epidemic. his commitment to rural America is unques- The advocacy of these families truly is so tioned—a view shared on both sides of the man who risked his life and the lives of his family by selflessly volunteering as an inter- important to leading change in Washington aisle. His work as a steadfast advisor to Chair- and I am proud to preserve their stories. man CONAWAY solidified his role as a leader preter in support of U.S. forces in Iraq, was af- JC CONNERS—MILWAUKEE, WISCONSIN who is both fair and firm. fected by this travel ban. JC Conners came to his mother over five But it’s Scott’s character that I notice most. I demand the Statue of Liberty Values Act— years ago worrying and wanting to get off of As a member of the Agriculture Committee for the SOLVE Act—be voted on and passed by drugs. Unfortunately—by that time—he had the past 4 years, I have had the privilege to the House. This legislation would rescind and little control over his addiction; his brain witness that character as he balances not just defund this ill-considered and harmful execu- was shutting down and we didn’t understand. the demands of committee members, staff, tive order that hurts refugees and many others On August 13, 2016 JC succumbed to the dis- and interest groups; but of a growing family. who are arbitrarily denied the ability to travel ease of addiction; he overdosed and died. He to the United States. By sowing confusion in was 38 years old! Scott, thank you for your guidance, your ex- How does a hard-working, healthy man be- ample, and your friendship. I wish both Scott a thinly veiled attempt to ban an entire religion come severely addicted to drugs? It shocked and his lovely wife Haley all the success in the from entering our country, the President has us all. Some time ago, JC was introduced to world as they turn the page onto a new chap- clearly shown his inability or unwillingness to oxycodone, a simple pill, that a friend told ter in their lives. govern in an reasoned and inclusive manner. him would help with stress and make him

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‘‘feel good’’—adding that the best part was ANTHONY FIORE—WARRINGTON, Anthony started receiving his shots, it that it wasn’t easily detected and didn’t get PENNSYLVANIA worked. Then one day, Anthony told his fam- you in trouble like alcohol. Unaware, JC Growing up, Anthony tried to fit in with ily he wasn’t going to get the shot anymore. took the pill, not realizing the downfall that the ‘‘good kids,’’ but was shunned on many They did everything we could to convince was about to happen. occasions. He then began to change to fit him and in the end they told Anthony he JC wasn’t your stereotypical addicted indi- into a group that would accept him. This could no longer live them if he wasn’t going vidual. He was high-functioning, worked group of friends started smoking pot in 8th to get the shot. hard at his job, and spent time with his fam- grade, and transitioned to Oxycontin by 12th In the summer of 2013, Anthony and some ily. He fooled them all by managing his ev- grade. Anthony always wanted to have other boys robbed a drug dealer, thinking eryday life so well. But slowly over time he friends and was very loyal to them. that a drug dealer wouldn’t go to the police. started to deteriorate. JC eventually shared Anthony was very intelligent—he never A warrant was issued. Months later, An- with his mother what he came to realize had to study but always had above a 3.5 GPA. thony was stopped for possession of heroin, later: ‘‘This so called ‘medicine’ shouldn’t be He enjoyed making people laugh, and would and when police found out about the warrant on the market. It’s misused. I’m really sick. joked around a lot. He got accepted into for the robbery, he was sent to prison. His Something’s wrong. My minds off.’’ Penn State’s Main Campus in State College, family refused to bail him out, despite An- After realizing this JC tried hard to stop PA, based on his SAT scores and his GPA. In thony’s constant pleas. They felt, at the but couldn’t, with each attempted he was his sophomore year he joined a fraternity. time, prison was where he needed to be; at further consumed by his addiction. His fam- During Christmas break in 2009, Anthony least we knew he would be safe and clean. ily tried seeing doctors, therapists, etc., but told his family he was addicted to After about a month in prison, a private they all seemed detached. JC was only a Oxycontin. He said he could detox at home, criminal defense attorney was hired; who number in a long line of individuals also and would take some time off before return- was able to arrange Anthony’s release on his struggling with an addiction. We tried out- ing to college. This was the first time his own recognizance, on the condition that he patient therapy but that didn’t work either. parents heard anything about this. immediately enter an inpatient rehab facil- At another program, his family learned In January 2010, Anthony returned to ity. By this time, we had insurance but the how this particular drug stops your brain school and started using again. When he program only guaranteed 21 days. His family from producing the ‘‘right’’ chemicals to came home at the end of the semester, his begged them to keep him longer, but they function and if this continues part of your family sent him to a relative’s house for the said that’s all our insurance would cover. mind goes missing. We also learned that it summer—far away from anything that we When Anthony was released, he truly can take years for the brain to recover and thought could trigger his addition. The en- wanted to stay clean. He started cooking start producing these much needed chemi- tire summer they kept in touch with An- dinner for the family and hanging out with cals again for health brain functioning. thony; he was passing drug tests, and every- his younger brother, which he never did be- Meanwhile, the individual just wants to feel thing seemed to be going well. Anthony fore. ‘‘It was great to see my two boys to- ‘‘okay’’ and as hard as they try the only way wanted to go back and finish college, so his gether,’’ writes Anthony’s mother. ‘‘They to function ‘‘okay’’ is going back on the family let him return that fall. went to movies, to the gym, and did various drug. It was not until early 2011, that Anthony’s things brothers do together. I finally had my JC overdosed Thanksgiving 2015 and sur- family found out he was using again. They Anthony back and we felt like he had won. vived. He overdosed for a second time this then pulled him out of school on medical He looked good, acted fine, and was not argu- past June, again, he survived. He then spent leave, but this time he went to a 28 day inpa- mentative and agitated as he was when five days in the hospital with complications tient treatment center. When he returned, using. Anthony was doing well and saving to related to this overdose. The day JC was re- everything seemed fine. Anthony had a move out on his own.’’ leased, neither the doctors nor the staff friend pick him up to go to Narcotics Anony- While Anthony was living with his family, learned or inquired about his past history mous meetings and he would show his family they told him none of the boys he previously with addiction, they only sent him home the various chips he received for being clean hung around with could come over again and with the suggestion he see a therapist. So, for a certain amount of time. It appeared he should find new friends. This lasted about his family trusted the professionals. Two that he was clean and again, his family al- four or five months, and one day he told us months later, JC was gone. He had fallen lowed him to return to Penn State. one of his old friends was coming over. An- through the cracks and we didn’t understand At some point, Anthony switched to heroin thony said he was the only other person he fully the depth of his struggles until it was because it was significantly cheaper. Two of knew who was also clean; but in reality, this too late. his best friends, one day, came to Anthony’s friend was not clean and was still using. This My daughter asked me to write this so JC’s parents house and told them Anthony was friend was with Anthony the entire night story would be heard and to relate this mes- injecting heroin. Because of their courage, and morning when he died. He said he didn’t sage to everyone: we need to be aware and his family had more time with Anthony. An- have any idea what happened, however, he come to terms with the realization of what thony was then referred to an inpatient did find time to steal Anthony’s debit/credit these drugs do to the human brain, yet these rehab facility in Pennsylvania. At the time card from his body, and proceed to spend drugs are out there and way too easy to his family didn’t have insurance, so they $2,500.00. come by. Why is this happening? We need to only kept Anthony for about five days; just ‘‘I found my son’s body,’’ writes his moth- sympathize, understand and help those long enough to detox. While there, Anthony er. ‘‘What an awful thing for a mother to go struggling with addiction, not stigmatize was diagnosed with depression but his family through. We are broken. Anthony is not de- them. JC was told by many professionals were never informed of this diagnosis. That fined by his addiction. He was a loving and that, ‘‘he had to want help and had to want summer Anthony stayed home, worked, and caring son, brother, grandson, nephew, and to help himself.’’ The outside help he did try seemed to be doing fine. His family refused cousin. He was very intelligent, kind, failed him, so he thought he was better off to let him go back to Penn State’s main thoughtful, and funny. He was a hard-work- overcoming his struggles on his own. We, his campus; so Anthony enrolled at the Abing- ing young man with a bright future.’’ family didn’t understand the severity of his ton campus, which was about 30 minutes MEGAN ROSE KELLEY—APPLETON, WISCONSIN addiction, so we let him try. We came to re- from our home. Megan Rose Kelly, forever 22, was the alize this was a terrible mistake! Profes- What his family later came to find out was youngest of four siblings. From a young age, sionals need to make it VERY clear to both that Anthony made a copy of his dad’s car Megan was helpful and always nice to peo- the individual and their families that over- key and was sneaking out in the middle of ple—she was a joy to be around. Growing up, coming addiction can’t be easily done on the night to get heroin. At some point he Megan was involved in soccer and Girl their own. Additionally, they need to better added cocaine to the mix. On May 23, 2013, Scouts. She was well-liked by everyone who help us, the families, understand that our Anthony overdosed in his parent’s basement. met her. loved ones might not be thinking rationally One of the boys he was with came and got his Megan, who was a kind and beautiful girl, due to the addiction compromising healthy mother, and she called 911. Anthony was had a lot of insecurities. In the eighth grade, brain functioning. given Naloxone, which saved his life. to better fit in with her peers, Megan started Yes, JC chose to use, but had little knowl- In the emergency room the nurses tried to hanging around with people who were drink- edge of the effects these drugs have on the give him another Naloxone shot, but An- ing to have fun. As things progressively got brain because they aren’t being properly ex- thony wouldn’t allow it—he wanted to enjoy out of hand, Megan’s mother turned to a so- plained to the public. His last years were a what was left of his high. This shows how cial worker for help. Megan was put in coun- hard existence and he paid the ultimate powerful of a hold heroin has on its victims; seling and an outpatient drug treatment. price, but my son was so much more than his less than an hour earlier Anthony had al- At 14, Megan met a guy who was seven addiction. He was a kind, sincere, caring per- most died but he still wanted the drug. Be- months younger and had been diagnosed son, who would do anything for anyone. A cause his heroin usage depressed his breath- with bipolar disorder. Through this destruc- kid at heart, JC believed there was good in ing so much, fluid built up in his lungs, and tive relationship, Megan turned to shop- everyone and truly wanted to turn his life Anthony developed pneumonia. lifting and began experimenting with more around. He was a great man who was loved Anthony then tried Vivitrol, another re- drugs. By sophomore year of high school, by so many, who just made a terrible mis- lapse prevention medication; this was given Megan started skipping school, which re- take, but so did the medical system. as a shot every 28 days by a doctor. When sulted in truancy charges.

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.028 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS February 1, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E127 Throughout high school, Megan got into mother tried to help her but she felt so pow- time he lost everything he had worked so enough trouble where she had to serve time erless. Kirstyn’s despair was evident and her hard to gain. He tried to continue working in jail and was court ordered to be on proba- mothers attempts to make it all go away on cars while he was abusing pills, but it was tion for three years. After two years, her were futile. obvious to his steady customers that some- probation officer decided to take her off of ‘‘Around this time, I injured my back fall- thing was terribly wrong and they took their probation. Things then started to settle ing down the stairs,’’ writes Kirstyn’s moth- business elsewhere. His business closed six down for Megan, until the summer of 2013, er. ‘‘The physical pain was unlike anything I months after his injury. After missing too when her mother was told that Megan was had ever experienced. This led to a prescrip- many mortgage payments his beach house addicted to prescription painkillers. She con- tion pill addiction that bottomed out in a was repossessed by the bank. Everything he fronted Megan, but denied it. Later that horrible way. After layoff and foreclosure, I loved now gone. summer, Megan and her boyfriend of four began writing my own prescriptions to sup- During those seven years Matt was in and years got into huge argument and broke up. port my escalating habit. I ended up in jail. out of treatment. Due to his insurance, how- Soon afterwards, she started seeing another I had never been in trouble in my life and ever, Matt was never permitted to stay for guy. suddenly I was a felon, effectively homeless the length of time he needed to learn how to Megan’s mother spoke with Megan mul- and jobless, after being a homeowner twice handle life without pills. He would come tiple times about her addiction, and each over with a promising career.’’ home clean and his family would look into time she blew her off. On November 2, 2013, ‘‘My children never used drugs more than his clear eyes and thank God that Matt was back. He was such a joy to be around. He her mother spent the entire day with Megan the occasional sampling. Kirstyn suffered didn’t want to be tortured by cravings. Our and her new boyfriend cleaning her house. from anxiety and once I went to jail, the life would start to feel normal again but his Around 4:30 PM Megan and her mother both mom that had always saved the day was pow- family’s joy was short-lived when, within a left; Megan went to work and her mother erless to help her. Her fiance transferred matter of weeks, Matt returned to his world with a government contractor to England drove home. of numbness and the cycle began again. Around 10:10 PM that night, Megan’s moth- and her brother, nearly 18, moved with his Matt’s last attempt to get clean took place er received a phone call from her sister tell- father to California. She felt alone and began at a treatment center close to home. As his ing her that Megan’s boyfriend was dead. It heavily and carelessly self-medicating.’’ mother watched Matt struggle with demons was found out that Megan’s boyfriend had Kirstyn was shy, gentle and gorgeous. She that had plagued him for most of his adult been snorting Percocet throughout the day, adored animals and wanted to save all of life, she was proud and hopeful. Matt was and died as a result. Shortly afterwards, two them. She would find the least attractive, coming back. Each time she visited she was of his friends showed Megan how to inject the most broken of the bunch, and that greeted by his clear eyes and beautiful smile. heroin. By March 2014, Megan came to her would be the cat or dog she wanted to take She remembers sitting together looking out mother and asked her for help, sending home. From tadpoles to earthworms, there over the water. Matt was headed to a recov- Megan to a rapid detox facility in Detroit. wasn’t a creature that she was afraid of and ery home in Florida. She was unsure about Megan’s mother was reluctant to spend the didn’t love. She had an infectious belly laugh his decision but remembered every book she $7,800, but Megan begged and said it was a and always saw the best in others. She com- read always talked about how different peo- matter of life or death. plemented other girls and gave the most she ple, places and things are the best choice to After Megan completed detox, she got so could of her wonderful soul. She was the life support new sobriety. When Matt left for sick she ended up having to go to the hos- of the party and a risk-taker with a childlike Florida on June 2, 2014, he wrapped her up in pital and was hooked up to an IV. She was spirit. Her light wasn’t reciprocated. In fact, a big bear hug and told her he was so happy diagnosed with pancreatitis, caused by her- it was abused. On October 16, 2011, Kirstyn to have the monkey off his back. Little did oin use. This was when her mother first lost her life to her brief addiction. I was in she know that monkey would find him in found out Megan was using heroin, and the jail and could do nothing. All I can tell you Florida. nightmare had only just begun. is that it is a grief I’ll never be able to fully Matt was starting a new life and Once Three days later, after being discharged comprehend or articulate. again he was living by the sea—his happy from the hospital, Megan was arrested and ‘‘As a recovered addict and grieving moth- place. He found a job, his self esteem re- charged with four felony counts involving er of a 20 year old who lost her promising life turned, and his mother believe that this was heroin. The next day at court, Megan’s to addiction, I know we must do more,’’ his ‘‘ah-ha’’ moment, that finally he was in mother paid $10,000 to bail Megan out. writes Kirstyn’s mother. ‘‘Those in recovery a good place. Over the next five months, Megan’s mother who are able to speak must be heard and rep- For reasons her heart will never under- thought she was doing great; Megan was resented in this fight to find solutions for stand, Matt relapsed and died. He lost his passing all of her drug tests. One night, this crippling American epidemic. We can’t battle on January 3rd, 2015. Megan was stopped by the police because her continue to villainize and hunt for the dealer f car windows were too darkly tinted, and was or ‘‘that bad kid’’ that influenced our child. rearrested when they found syringes on her. We need to dig deep, open our eyes and ask, CAROL HODGES Megan spent four months in jail before she why does America hurt? We are a nation in was sentenced. During her sentencing, the crisis.’’ HON. ED PERLMUTTER judge said that heroin was a powerful drug, MATT KLOSOWSKI—BEAR, DELAWARE OF COLORADO only to deny Megan a nine-month court-or- Have you ever met a guy whose smile could IN THE HOUSE OF REPRESENTATIVES dered inpatient treatment program for a light up a room? Who made you feel like you drug that kills. Four months into her sen- Wednesday, February 1, 2017 had found a long lost friend? The kind of guy tence, Megan relapsed, overdosed, and died. who would give you the shirt off his back? Mr. PERLMUTTER. Mr. Speaker, I rise ‘‘My life forever changed that day,’’ writes That guy who brings every stray dog home today to recognize Carol Hodges for being Megan’s mother. ‘‘Her sentence became a and makes it a member of the family? That honored by the Arvada Chamber with the death penalty.’’ was Matt Klosowski. He had that happy-go- Chairman’s Choice Award. KIRSTYN KING—RICHMOND, VIRGINIA lucky personality that drew people in and The Chairman’s Choice Award is selected Kirstyn King was born in the early after- made them fall in love. Unfortunately for annually by the Chairman of the Arvada noon on December 8, 1990. She was a perfect Matt, he never loved himself enough. He ex- Chamber of Commerce Board of Directors to baby and everything her family had hoped perimented with marijuana in high school recognize a member of the community who for in an infant daughter. The first time they and after graduating to pills, ended up in his has shown leadership and outstanding support saw her tiny, sweet face, they were over- first 30 days inpatient treatment facility. whelmed with love, hope and emotions they Matt went on the become an excellent me- to the Arvada Chamber. had never experienced before. Her mother chanic. He moved to the beach, bought a Carol Hodges serves the Arvada Chamber saw her own future and past in Kirstyn’s home and opened his own business. His adult and her community with a sense of pride, en- eyes and cried with joy, she knew she’d do life appeared successful and drug-free. Matt’s ergy and commitment. She is always willing to everything to protect her child and new fam- family took a deep breath and started to step up when called upon and works diligently ily. relax, only to discover soon after that Matt to see each project through to the end. Carol’s As the years went by, Kirstyn’s mother was hiding his addiction. At first it was just kindness and service has made a difference in worked hard and elevated their financial sta- casual use—a Saturday night party or com- Arvada and helped make it a great place to tus to a six-figure income. A lot happens ing down from a busy week of work. But he live, work and play. over the passage of time and in that par- was slipping back into the deadly mindset I extend my deepest congratulations to ticular period there were mostly beautiful that made him believe he was in control. memories, but, unfortunately, there were The beginning of the end began when Matt Carol Hodges for this well-deserved recogni- also agonizing ones that still haunt her suffered a back injury—he had been lifting tion by the Arvada Chamber of Commerce. today. Despite her every attempt to shield an engine when he felt a pop. The next day f her family from life’s worst, Kirstyn was he could barely walk. Matt called his mother SENATE COMMITTEE MEETINGS harmed and sexually exploited when she was to let her know that the doctor gave him a young teenager. This started a slow ava- Percocet. Matt struggled with an addiction Title IV of Senate Resolution 4, lanche as she rebelled and struggled. Her to Percocet for seven years. During that agreed to by the Senate of February 4,

VerDate Sep 11 2014 06:45 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.028 E01FEPT1 smartinez on DSK3GLQ082PROD with REMARKS E128 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2017 1977, calls for establishment of a sys- MEETINGS SCHEDULED 2:30 p.m. tem for a computerized schedule of all Committee on Armed Services meetings and hearings of Senate com- FEBRUARY 7 Subcommittee on Readiness and Manage- mittees, subcommittees, joint commit- 9:30 a.m. ment Support tees, and committees of conference. Committee on Armed Services To hold hearings to examine the current This title requires all such committees To receive a closed briefing on cyber readiness of United States forces. to notify the Office of the Senate Daily threats. SR–232A Digest—designated by the Rules Com- SVC–217 Committee on Indian Affairs mittee—of the time, place and purpose To hold an oversight hearing to examine emergency management in Indian of the meetings, when scheduled and FEBRUARY 8 Country, focusing on improving the 10 a.m. any cancellations or changes in the Federal Emergency Management Agen- Committee on Commerce, Science, and meetings as they occur. cy’s Federal-tribal relationship with Transportation As an additional procedure along Indian tribes. To hold hearings to examine Inspector with the computerization of this infor- SD–628 mation, the Office of the Senate Daily General recommendations for improv- ing Federal agencies. Digest will prepare this information for FEBRUARY 9 printing in the Extensions of Remarks SH–216 Committee on Environment and Public 10 a.m. section of the CONGRESSIONAL RECORD Committee on Foreign Relations on Monday and Wednesday of each Works To hold an oversight hearing to examine To hold hearings to examine the United week. States, the Russian Federation, and Meetings scheduled for Thursday, modernizing our nation’s infrastruc- ture. the challenges ahead. February 2, 2017 may be found in the SD–406 SD–419 Daily Digest of today’s RECORD.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate confirmed the nomination of Rex W. Tillerson, of Texas, to be Secretary of State. Senate aging the prevention of stalking by designating Jan- Chamber Action uary 2017 as ‘‘National Stalking Awareness Month’’. Routine Proceedings, pages S541–S607 Page S604 Measures Introduced: Twenty-six bills and sixteen Measures Considered: resolutions were introduced, as follows: S. 249–274, Stream Protection Rule—Agreement: Senate S.J. Res. 16–19, and S. Res. 30–41. Pages S594–95 began consideration of H. J. Res. 38, disapproving Measures Reported: the rule submitted by the Department of the Inte- H.R. 255, to authorize the National Science Foun- rior known as the Stream Protection Rule, after dation to support entrepreneurial programs for agreeing to the motion to proceed. Pages S562–74 women. By 56 yeas to 42 nays (Vote No. 42), Senate H.R. 321, to inspire women to enter the aerospace agreed to the motion to proceed to consideration of field, including science, technology, engineering, and the joint resolution. Pages S561–62 mathematics, through mentorship and outreach. Prior to the consideration of this measure, Senate S. Res. 30, authorizing expenditures by the Com- took the following action: mittee on Agriculture, Nutrition, and Forestry. By 55 yeas to 42 nays (Vote No. 41), Senate S. Res. 31, authorizing the expenditures by the agreed to the motion to proceed to Legislative Ses- Special Committee on Aging. sion. Page S561 S. Res. 32, authorizing expenditures by the Com- A unanimous-consent-time agreement was reached mittee on Small Business and Entrepreneurship. providing for further consideration of the joint reso- S. Res. 33, authorizing expenditures by the Com- lution at approximately 11 a.m., on Thursday, Feb- mittee on Energy and Natural Resources. ruary 2, 2017; and that there be six hours of debate S. Res. 34, authorizing expenditures by the Com- remaining, equally divided in the usual form. mittee on Homeland Security and Governmental Af- Page S605 fairs. Approval of Journal: By 54 yeas to 44 nays S. Res. 36, authorizing expenditures by the Senate (Vote No. 39), Senate approved the Journal to date. Committee on Indian Affairs. Page S554 S. Res. 37, authorizing expenditures by the Com- Appointments: mittee on Foreign Relations. S. Res. 39, authorizing expenditures by the Com- Board of Regents of the Smithsonian Institu- mittee on Health, Education, Labor, and Pensions. tion: The Chair, on behalf of the Vice President, Page S594 pursuant to the provisions of 20 U.S.C., sections 42 and 43, re-appointed Senator Leahy as a member of Measures Passed: the Board of Regents of the Smithsonian Institution. National Tribal Colleges and Universities Page S604 Week: Senate agreed to S. Res. 40, designating the Washington’s Farewell Address—Agreement: A week beginning on February 5, 2017, as ‘‘National unanimous-consent agreement was reached providing Tribal Colleges and Universities Week’’. Page S604 that notwithstanding the resolution of the Senate of National Stalking Awareness Month: Senate January 24, 1901, the traditional reading of Wash- agreed to S. Res. 41, raising awareness and encour- ington’s Farewell Address take place on Monday, D96

VerDate Sep 11 2014 06:33 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D01FE7.REC D01FEPT1 smartinez on DSK3GLQ082PROD with DIGEST February 1, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D97 February 27, 2017, at a time to be determined by Adjournment: Senate convened at 12 noon and ad- the Majority Leader in consultation with the Demo- journed at 9:25 p.m., until 11 a.m. on Thursday, cratic Leader. Page S604 February 2, 2017. (For Senate’s program, see the re- DeVos Nomination—Cloture: Senate began con- marks of the Acting Majority Leader in today’s sideration of the nomination of Elisabeth Prince Record on page S605.) DeVos, of Michigan, to be Secretary of Education. Pages S554–61 Committee Meetings A motion was entered to close further debate on the nomination, and, in accordance with the provi- (Committees not listed did not meet) sions of rule XXII of the Standing Rules of the Sen- ate, a vote on cloture will occur on Friday, February CBO BUDGET AND ECONOMIC OUTLOOK 3, 2017. Page S554 Committee on the Budget: Committee concluded a hear- Prior to the consideration of this nomination, Sen- ing to examine the Congressional Budget Office’s ate took the following action: budget and economic outlook, focusing on fiscal By 53 yeas to 44 nays (Vote No. EX. 38), Senate years 2017–2027, after receiving testimony from agreed to the motion to proceed to Legislative Ses- Keith Hall, Director, Congressional Budget Office. sion. Pages S553–54 By 52 yeas to 47 nays (Vote No. 40), Senate REDUCING REGULATION agreed to the motion to proceed to Executive Session Committee on Commerce, Science, and Transportation: to consider the nomination. Page S554 Committee concluded a hearing to examine a growth Nomination Confirmed: Senate confirmed the fol- agenda, focusing on reducing unnecessary regulatory lowing nomination: burdens, after receiving testimony from Jack N. Ge- By 56 yeas to 43 nays (Vote No. EX. 36), Rex rard, American Petroleum Institute, Rosario W. Tillerson, of Texas, to be Secretary of State. Palmieri, National Association of Manufacturers, Pages S541–53, S607 Adam J. White, The Hoover Institution, and Lisa During consideration of this nomination today, Heinzerling, Georgetown University Law Center, all Senate also took the following action: of Washington, D.C.; and Gary Shapiro, Consumer By 55 yeas to 43 nays (Vote No. EX. 37), Senate Technology Association, Arlington, Virginia. agreed to the motion to table the motion to recon- sider the vote on confirmation of the nomination. BUSINESS MEETING Page S553 Committee on Environment and Public Works: Com- Nominations Received: Senate received the fol- mittee began consideration of an original resolution lowing nominations: authorizing expenditures by the committee, rules of Neil M. Gorsuch, of Colorado, to be an Associate procedure for the 115th Congress, and the nomina- Justice of the Supreme Court of the United States. tion of Scott Pruitt, of Oklahoma, to be Adminis- Rod J. Rosenstein, of Maryland, to be Deputy At- trator of the Environmental Protection Agency, but torney General. did not complete action thereon, recessed subject to Rachel L. Brand, of Iowa, to be Associate Attor- the call, and will meet again on Thursday, February ney General. 2, 2017. Steven Andrew Engel, of the District of Colum- BUSINESS MEETING bia, to be an Assistant Attorney General. Page S607 Committee on Finance: Committee ordered favorably Messages from the House: Pages S592–93 reported the nominations of Steven T. Mnuchin, of Measures Referred: Page S593 California, to be Secretary of the Treasury, and Measures Read the First Time: Page S593 Thomas Price, of Georgia, to be Secretary of Health and Human Services. Executive Reports of Committees: Page S594 Additional Cosponsors: Pages S595–96 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Committee on Homeland Security and Governmental Af- Pages S596–S604 fairs: Committee ordered favorably reported an origi- Additional Statements: Pages S591–92 nal resolution (S. Res. 34) authorizing expenditures by the committee, and adopted its rules of procedure Authorities for Committees to Meet: Page S604 for the 115th Congress. Record Votes: Seven record votes were taken today. Also, committee announced the following sub- (Total—42) Pages S553–54, S561–62 committee assignments:

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Permanent Subcommittee on Investigations: Senators tion of Health Underwriters, both of Washington, Portman (Chair), Lankford, McCain, Paul, Daines, D.C. Carper, Tester, Heitkamp, and Peters. Subcommittee on Federal Spending Oversight and Emer- BUSINESS MEETING gency Management: Senators Paul (Chair), Lankford, Committee on the Judiciary: Committee ordered favor- Enzi, Hoeven, Peters, Hassan, and Harris. ably reported the nomination of Jeff Sessions, of Ala- Subcommittee on Regulatory Affairs and Federal Man- bama, to be Attorney General, Department of Jus- agement: Senators Lankford (Chair), McCain, Portman, tice. Enzi, Daines, Heitkamp, Carper, Hassan, and Harris. NOMINATION Senators Johnson and McCaskill are ex-officio members of each subcommittee. Committee on Veterans’ Affairs: Committee concluded a hearing to examine the nomination of David J. INDIVIDUAL HEALTH INSURANCE Shulkin, of Pennsylvania, to be Secretary of Veterans MARKET Affairs, after the nominee, who was introduced by Committee on Health, Education, Labor, and Pensions: Senator Toomey, testified and answered questions in Committee concluded a hearing to examine the Af- his own behalf. fordable Care Act, focusing on stabilizing the indi- vidual health insurance market, after receiving testi- BUSINESS MEETING mony from former Kentucky Governor Steven L. Special Committee on Aging: Committee ordered favor- Beshear, Lexington; Julie Mix McPeak, Tennessee ably reported an original resolution (S. Res. 31) au- Department of Commerce and Insurance, Nashville; thorizing expenditures by the Committee, and and Marilyn Tavenner, America’s Health Insurance adopted its rules of procedure for the 115th Con- Plans, and Janet Stokes Trautwein, National Associa- gress. h House of Representatives source Extraction Issuers’’, by a yea-and-nay vote of Chamber Action 235 yeas to 187 nays, Roll No. 72. Pages H848–59 Public Bills and Resolutions Introduced: 35 pub- H. Res. 71, the rule providing for consideration lic bills, H.R. 781–815; and 11 resolutions, H.J. of the joint resolutions (H.J. Res. 41) and (H.J. Res. Res. 56–59; H. Con. Res. 16–18; and H. Res. 40) was agreed to by a recorded vote of 231 ayes to 78–81, were introduced. Pages H875–77 191 noes, Roll No. 71, after the previous question Additional Cosponsors: Page H879 was ordered by a yea-and-nay vote of 231 yeas to 191 nays, Roll No. 70. Pages H831–39 Reports Filed: There were no reports filed today. Disapproving the rule submitted by the Depart- Speaker: Read a letter from the Speaker wherein he ment of the Interior known as the Stream Pro- appointed Representative Valadao to act as Speaker tection Rule: The House passed H.J. Res. 38, dis- pro tempore for today. Page H823 approving the rule submitted by the Department of Recess: The House recessed at 10:48 a.m. and re- the Interior known as the Stream Protection Rule, convened at 12 noon. Page H828 by a yea-and-nay vote of 228 yeas to 194 nays, Roll Journal: The House agreed to the Speaker’s approval No. 73. Pages H840–48, H859 of the Journal by voice vote. Pages H829, H859 H. Res. 70, the rule providing for consideration of the joint resolution (H.J. Res. 38) was agreed to Providing for congressional disapproval under yesterday, January 31st. chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Com- Quorum Calls—Votes: Three yea-and-nay votes mission relating to ‘‘Disclosure of Payments by and one recorded vote developed during the pro- Resource Extraction Issuers’’: The House passed ceedings of today and appear on pages H838–39, H.J. Res. 41, providing for congressional disapproval H839, H858–59, and H859. There were no quorum under chapter 8 of title 5, United States Code, of a calls. rule submitted by the Securities and Exchange Com- Adjournment: The House met at 10 a.m. and ad- mission relating to ‘‘Disclosure of Payments by Re- journed at 6:50 p.m.

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Re´sume´ of Congressional Activity

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

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through January 31, 2017 January 3 through January 31, 2017

Senate House Total Civilian nominations, totaling 52, disposed of as follows: Days in session ...... 16 16 . . Confirmed ...... 6 Time in session ...... 83 hrs., 16′ 87 hrs., 19′ .. Congressional Record: Unconfirmed ...... 46 Pages of proceedings ...... 540 822 . . Extensions of Remarks ...... 110 . . Public bills enacted into law ...... 1 2 3 Private bills enacted into law ...... Bills in conference ...... Army nominations, totaling 2, disposed of as follows: Measures passed, total ...... 16 100 116 Unconfirmed ...... 2 Senate bills ...... 1 1 . . House bills ...... 2 67 . . Senate joint resolutions ...... House joint resolutions ...... 1 . . Senate concurrent resolutions ...... 3 3 . . Navy nominations, totaling 1, disposed of as follows: House concurrent resolutions ...... 1 . . Unconfirmed ...... 1 Simple resolutions ...... 10 27 . . Measures reported, total ...... *7 *8 15 Senate bills ...... 2 . . . . House bills ...... Senate joint resolutions ...... House joint resolutions ...... Summary Senate concurrent resolutions ...... House concurrent resolutions ...... Total nominations carried over from the First Session ...... 0 Simple resolutions ...... 5 8 . . Total nominations received ...... 55 Special reports ...... 1 . . . . Total confirmed ...... 6 Conference reports ...... Total unconfirmed ...... 49 Measures pending on calendar ...... 2 2 . . Total withdrawn ...... 0 Measures introduced, total ...... 288 927 1,215 Total returned to the White House ...... 0 Bills ...... 238 780 .. Joint resolutions ...... 15 55 . . Concurrent resolutions ...... 6 15 . . Simple resolutions ...... 29 77 . . Quorum calls ...... 1 1 . . Yea-and-nay votes ...... 35 26 . . Recorded votes ...... 42 . . Bills vetoed ...... Vetoes overridden ......

* These figures include all measures reported, even if there was no accom- panying report. A total of 2 written reports have been filed in the Senate, 8 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Thursday, February 2 10 a.m., Thursday, February 2

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.J. Res. 40— ation of H.J. Res. 38, Stream Protection Rule, with six Providing for congressional disapproval under chapter 8 hours of debate remaining on the joint resolution. of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implemen- tation of the NICS Improvement Amendments Act of 2007. Consideration of H.J. Res. 37—Disapproving the final rule submitted by the Department of Defense, the General Services Administration, and the National Aero- nautics and Space Administration relating to the Federal Acquisition Regulation (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Jenkins, Evan H., W.Va., E117 Sablan, Gregorio Kilili Camacho, Northern Mariana Kelly, Robin L., Ill., E114 Islands, E124 Beyer, Donald S., Jr., Va., E113 Kuster, Ann M., N.H., E111, E114, E119, E122, E125 Schiff, Adam B., Calif., E117 Brady, Kevin, Tex., E117 Matsui, Doris O., Calif., E117 Scott, Austin, Ga., E125 Butterfield, G.K., N.C., E119 Olson, Pete, Tex., E114, E122, E125 Sewell, Terri A., Ala., E116 Byrne, Bradley, Ala., E113 Perlmutter, Ed, Colo., E113, E116, E118, E121, E124, Smith, Adam, Wash., E125 Carson, Andre´, Ind., E122 E127 Stefanik, Elise M., N.Y., E121 Cohen, Steve, Tenn., E118 Perry, Scott, Pa., E117 Veasey, Marc A., Tex., E118 Collins, Doug, Ga., E122 Poe, Ted, Tex., E124 Visclosky, Peter J., Ind., E121 Ellison, Keith, Minn., E117 Rutherford, John H., Fla., E122 Yoho, Ted S., Fla., E125

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