January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E97 EXTENSIONS OF REMARKS

CELEBRATING THE LIFE OF ice as Co-Chair of the New York State 2100 In addition to her professional work, it was AMBASSADOR FELIX ROHATYN Commission. The innovative strategies he a personal family history that was her true helped develop have been critical in rebuilding passion. In 1897, her great uncle, Frazier B. HON. NANCY PELOSI devastated communities and will ensure the Baker, was named the first Black Postmaster OF CALIFORNIA city is better prepared to meet the challenges in Lake City, South Carolina. Immediately, he IN THE HOUSE OF REPRESENTATIVES posed by the worsening climate crisis. was threatened by the white community who America was blessed by the life and leader- didn’t want him to serve in this important role. Wednesday, January 29, 2020 ship of Ambassador Felix Rohatyn. May it be Postmaster Baker would not be deterred by Ms. PELOSI. Madam Speaker, I rise today a comfort to his children, Pierre, Nicolas and their intimidation, and he performed his job to pay tribute to a man of vision and great in- Michael, his many grandchildren and the en- with distinction despite constant torment. On tellect, whose life and legacy were marked by tire Rohatyn family that so many mourn their February 22, 1898, the harassers make good extraordinary achievements and a profound loss and pray for them at this sad time. on their promise to remove him from his post love for America: Ambassador Felix Rohatyn. f by firing upon the Baker family in their home. From ushering New York City through eco- Frazier Baker and his infant daughter were TRIBUTE TO FOSTENIA W. BAKER nomic crisis to proudly serving our nation as killed in the attack, and the other five family Ambassador to France to becoming a leading members barely escaped. voice for building the infrastructure of America HON. JAMES E. CLYBURN Dr. Baker was determined to ensure that in a green way, Ambassador Rohatyn em- OF SOUTH CAROLINA her great uncle’s lynching would not be forgot- bodied the American spirit and helped build a IN THE HOUSE OF REPRESENTATIVES ten. She spent her life pursuing recognition for brighter future for all Americans. His passing Wednesday, January 29, 2020 Postmaster Baker—writing a book of his life last December is a great official loss for our Mr. CLYBURN. Madam Speaker, I rise story and appearing in the documentary An nation and a profound personal loss for all today to pay tribute to the life and legacy of Outrage that told the story of lynching in the those privileged to call him a friend, counselor a tenacious and proud South Carolinian, who American South. and loved one. worked tirelessly her entire life to ensure her She also contacted me to ask if Congress Felix Rohatyn was born in Vienna, Austria in family’s story was not forgotten. Earlier this would name the Lake City Post Office in Post- 1928 to a prominent Jewish family. By 1935, month, we lost Dr. Fostenia W. Baker, a life- master Baker’s honor. I decided to champion he and his parents were forced to flee their long educator, family historian, and deter- the effort and introduced legislation in 2018, home to escape the rise of Nazism, embarking mined advocate. She will be sorely missed. that was co-sponsored by all members of the on a years-long journey that eventually Fostenia Baker was a native of Florence, South Carolina delegation. It became law later brought them to safety in the United States in South Carolina, and she graduated from South that year. 1942. His early experience as a refugee in- Carolina State College (now University), which On February 22, 2019, the 121st anniver- stilled in him a love for our bedrock American is also my alma mater. During her time as a sary of Frazier Baker’s murder, Fostenia values of freedom, justice and economic op- student, I got to know Fostenia as my future Baker joined me in Lake City as we officially portunity for all, an appreciation that he hon- wife Emily’s roommate. There was always dedicated the Postmaster Frazier B. Baker ored throughout his life. something different about Fostenia, but I didn’t Post Office. It was one of the proudest days His professional success made him a understand until much later the family history in her life, and I was pleased to be there to sought-after economic expert and intellectual that made her demeanor stand out. share it with her. resource for countless public officials and Fostenia, like many of our classmates, left Without her determination, Postmaster leaders around the world. When New York South Carolina after graduation and earned a Baker’s story may have continued to be lost to City faced an unprecedented insolvency crisis master’s degree from City College of New history. However, Fostenia’s tremendous work in the 1970s, Felix Rohatyn’s collaborative York and a doctorate from George Wash- has ensured that his story will endure. Her leadership skills brought together political and ington University. She began her teaching ca- ‘‘bulldog tenacity’’ is a tribute to how one per- financial interests to make the difficult deci- reer in the New York City Public Schools in son can truly make a difference. sions needed to save the city. In the process, 1970. Five years later, she returned to South Madam Speaker, I ask that you and my col- he made sure that the city invested in all its Carolina to teach health education at Voor- leagues join me in celebrating the life of Dr. citizens, setting aside funding for schools, hees College and later served as a research Fostenia Baker. She is an inspiring example of housing and public transportation to ensure a fellow in the School of Epidemiology at the a life well lived. Her legacy lives on in the stu- financially stable and prosperous future for University of South Carolina. She remained in dents she taught and the lessons she has left millions of Americans. South Carolina, teaching education at Allen for future generations by sharing her family’s Felix Rohatyn brought that same successful University and serving as a science instructor history. leadership, in addition to his fluency in French, in Colleton County Schools in Walterboro, f to representing the United States as Ambas- South Carolina. sador to France. During his ambassadorship, In 1984, Dr. Baker was appointed instructor RECOGNIZING THE LIFE OF MR. he worked to strengthen the economic and of education for the District of Columbia De- BUSTER DAVIS cultural bonds between our nations, reaffirm- partment of Corrections in Washington, D.C. ing an unbreakable friendship and partnership She went on to become an assistant professor HON. TRENT KELLY that dates back to the founding of our country. of health education at Trinity College and later OF MISSISSIPPI It was always a privilege to have Ambas- Howard University, both in Washington, D.C. IN THE HOUSE OF REPRESENTATIVES sador Rohatyn meet with Members of Con- Her final position from 1997 to 2005 was as Wednesday, January 29, 2020 gress to discuss the most pressing issues fac- instructor of science and health education in ing our economy and our nation. His pas- the Prince Georges County Public Schools in Mr. KELLY of Mississippi. Madam Speaker, sionate advocacy for robust, climate change— Hyattsville, Maryland. I rise today to celebrate the life of Buster resilient infrastructure made him a thoughtful Dr. Baker won numerous teaching awards Davis, who passed away on Thursday, Janu- advisor and effective Co-Chair of the bipar- including an Excellence Award as Health Edu- ary 9th at the age of 93. tisan Commission on Public Infrastructure, cation Chairperson for Prince Georges County Buster was born on October 25, 1926, in helping Congress establish a framework to re- Public Schools and the Innovative Professor Tishomingo County, Mississippi. He was a build our nation and boost our economy in a Award at Howard University. She also pub- basketball legend at Belmont High School in sustainable, job-creating way. lished numerous articles in scientific journals Belmont, Mississippi, where he led the team to After Superstorm Sandy in 2012, his for- and a book entitled Women’s Health, What Do win two State Championships. After High ward-looking vision was essential to his serv- You Know About It. School, Buster obtained a Bachelor of Science

∑ 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 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JA8.001 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E98 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 from Mississippi State University, then re- trailblazing work in infrared light. The massive Dr. Champommier’s career demonstrates ceived his Masters from the University of Mis- amount of data collected by Spitzer has been his admirable dedication and service to his sissippi before answering the call to serve our used in over 8,700 scientific publications and community. I thank him for his 40 years of great nation in the United States Army during its data will continue to be available to the sci- contributions to Los Angeles and wish him WWII. entific community around the world for future nothing but the best in retirement. On August 22, 1948, Buster married Billie research. f Faye South, and they remained together for I have great appreciation and pride for the over 63 years. Buster’s love for basketball countless personnel that have worked to en- IN HONOR OF JOHN ROBERT brought him back to Belmont High School sure that Spitzer operated with precision, from MILLER where he became a basketball coach. He also design to data analysis, that allowed Spitzer to coached at both Kossuth High School in Cor- study the Universe with infrared light. The nu- HON. BRETT GUTHRIE inth, Mississippi and Thrasher High School in merous discoveries made move us closer to OF KENTUCKY Booneville, Mississippi. In 1962, Buster began shedding light on the profound mysteries of IN THE HOUSE OF REPRESENTATIVES coaching at Itawamba Junior College in Ful- our Universe. I ask all members to join me in Wednesday, January 29, 2020 ton, Mississippi, and led the team to multiple honoring the achievements of the Spitzer Mr. GUTHRIE. Madam Speaker, I rise today State Finals. He left his coaching career in Space Telescope and the hard-working indi- to honor the service of World War II veteran 1975 and started his career with Davis Ford. viduals and organizations that made Spitzer’s John Robert Miller of Barren County, Ken- He stayed with Ford for over 55 years. mission so successful. tucky. Left to cherish his memory are his daugh- f After growing up in Freedom, Kentucky, ters: Pam Davis Horton of Birmingham, Ala- CONGRATULATING DR. JEAN G. John Robert volunteered for the Army when bama, and Patti Davis Bennett of Fulton, Mis- CHAMPOMMIER ON HIS RETIRE- he was just eighteen years old in June 1941. sissippi; his grandchildren, great-grand chil- MENT He served in the Pacific theater until World dren, as well as many friends and extended War II concluded in 1945. During his Army family members. HON. JUDY CHU service, John Robert rose to the rank of tech- Buster’s life was one of service, grace, love nical sergeant in an artillery unit, and he wit- OF CALIFORNIA for his family, and community. He will be nessed General Douglas MacArthur stepping IN THE HOUSE OF REPRESENTATIVES greatly missed by all who he encountered. off the landing craft to make his triumphant re- f Wednesday, January 29, 2020 turn to the Philippines. Ms. JUDY CHU of California. Madam Following his service in the Army, John TRIBUTE TO THE SPITZER SPACE Speaker, I rise today to congratulate Dr. Jean Robert became a fixture in the Barren County TELESCOPE G. Champommier on his retirement from a dis- community. He married his wife Christine in tinguished career in community organizing and 1945, and they were married for 67 years until HON. ADAM B. SCHIFF social work. He has dedicated his life to cre- her death in 2013. John Robert was a farmer OF CALIFORNIA ating programs that improve the lives of those with hogs, corn, and tobacco, and he also IN THE HOUSE OF REPRESENTATIVES in underserved communities throughout Los worked as a crop insurance adjuster. John Robert served as a Magistrate on the Barren Wednesday, January 29, 2020 Angeles County. Dr. Champommier began his career in so- County Fiscal Court for three years, and he Mr. SCHIFF. Madam Speaker, I rise today cial work during the 1960s when he took on a has served as an Election Commissioner to honor a National Aeronautics and Space field-work placement at the Kennedy Child since 1993. In 2016, John Robert was award- Administration (NASA) mission managed by Study Center in Santa Monica. Through this ed the Patriot Award by Barren County Vet- the Jet Propulsion Laboratory (JPL), the position, he worked with children with develop- eran’s Association, and he was inducted into Spitzer Space Telescope. After 16 years of mental disabilities and their families, solidifying the Alumni Hall of Honor for Barren County discovering hidden truths of our Universe, his passion for helping his neighbors and his Schools. Spitzer will be retired on January 30, 2020. community. I thank John Robert for his service to our Designed to study the cold, old and dusty, Since 1983, Dr. Champommier has served country and to our community. Spitzer was launched in August of 2003 and as the Executive Director, and later President/ f used its sensitive sensors to study infrared CEO, of Alma Family Services. This agency light emitted by celestial bodies and cosmic provides communities throughout Los Angeles RECOGNIZING LEXI RODRIGUEZ objects from our own solar system to the fur- County with multilingual and multicultural serv- FOR BEING NAMED THE 2019–2020 thest reaches of the Universe. Spitzer returned ices, including helping families and individuals GATORADE ILLINOIS VOLLEY- data on space phenomena from asteroids to cope with substance abuse, emotional difficul- BALL PLAYER OF THE YEAR the most distant galaxies ever detected whose ties, and developmental challenges. Through light was emitted 13.4 billion years ago when his role at Alma, he expanded the agency’s HON. CHERI BUSTOS the universe was less than 5 percent of its first contract with the Los Angeles County De- OF ILLINOIS current age. It discovered the largest ring partment of Mental Health and oversaw IN THE HOUSE OF REPRESENTATIVES around Saturn made of dust particles, identi- Alma’s growth as a provider of community-in- Wednesday, January 29, 2020 fied the first Buckyballs in space, found distant tegrated social programs. During his tenure, Mrs. BUSTOS. Madam Speaker, I rise today blackholes and mapped out our Milky Way Alma has added social rehabilitation programs to recognize Lexi Rodriguez, a junior from with unprecedented clarity. Spitzer gave us a for child abuse, gang prevention and reduction Sterling High School, who was named the view beyond the gas and dust clouds to study programs, and has grown to 16 sites through- 2019–2020 Gatorade Illinois Volleyball Player the youngest stars and the ingredients to cre- out Los Angeles County. In 2015, Dr. of the Year. ate planets, comets and other components of Champommier was appointed by County Su- Lexi led the Golden Warriors to a 36–6 our solar system. pervisor Hilda Solis to Los Angeles’ Public record and a second win at Class 3A State As with many NASA missions, the telescope Health Commission. Eventually serving as Championships this year. Showing her dedica- operated much longer than expected and has chair of the Commission, he supervised the tion to sports, she also took part of this sea- a long list of accomplishments beyond the Public Health Department’s programs and son to help Team USA win a gold medal at mission’s original science goals. Undoubtedly, made recommendations to the Board of Su- the FIVB Girls U18 World Championships in one of Spitzer’s greatest discoveries was pervisors to ensure that community input was Egypt. In addition, she is a three-year class seven Earth-size planets in around the star heard in matters of public health. president and a youth volleyball coach. As a TRAPPIST–1. Spitzer enabled scientists to Dr. Champommier’s impact stretches out- former athlete, I commend her for her deter- study exoplanets and identify atmospheric side his field work and into the classroom. He mination and attitude. Lexi is an example of molecules, temperature variations, and wind has taught courses in child welfare and com- the importance of dedication and a strong speed. munity organization at UC Santa Barbara, Cal work ethic. I am proud to see her represent As Spitzer is safely retired in deep space State Northridge, and Cal State L.A., and has Sterling so well throughout the state and the orbit far from Earth, the legacy of the mission also been an instructor in social work for USC country with her talent and passion. will be continued by the James Webb Space and UCLA. Additionally, he has coordinated It is because of student leaders such as Telescope, which will also conduct infrared as- conferences on youth empowerment and farm Lexi that I am especially proud to serve Illi- tronomy based on Spitzer’s pioneering and labor for UC Santa Barbara Extension. nois’ 17th Congressional District. Madam

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K29JA8.001 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E99 Speaker, I would like to again formally con- Born in Georgetown, South Carolina, Mr. to help inform the public of the Administra- gratulate Lexi Rodriguez on being named the Johnson’s service to our country started in tion’s systematic disregard of Congress’ con- 2019–2020 Gatorade Illinois Volleyball Player 1969 when he joined the U.S. Air Force. He stitutional authority, separation of powers prin- of the Year. served in the prestigious Air Force Honor ciples, and the Impoundment Control Act. f Guard and, later, in the Air Force Legislative GAO DECISION Liaison Office at the Pentagon, rising to the Matter of: Office of Management and Budg- NEVER AGAIN EDUCATION ACT rank of Senior Master Sergeant. After 20 et—Withholding of Ukraine Security As- years of service, Mr. Johnson retired from the sistance. SPEECH OF Air Force but chose to stay in Washington to File: B–331564. HON. ELIOT L. ENGEL join the Capitol Hill Police Department, where Date: January 16, 2020. OF NEW YORK he served for another 20 years. During his DIGEST IN THE HOUSE OF REPRESENTATIVES four decades of service, he supported over In the summer of 2019, the Office of Man- Monday, January 27, 2020 100 Congressional Delegation trips and agement and Budget (OMB) withheld from served in every Presidential Inauguration since obligation funds appropriated to the Depart- Mr. ENGEL. Madam Speaker, I rise to President Nixon. ment of Defense (DOD) for security assist- speak in favor of H.R. 943, the Never Again In 2009, Mr. Johnson retired from the Cap- ance to Ukraine. In order to withhold the Education Act. itol Police but again chose to serve the public funds, OMB issued a series of nine apportion- Monday, we recognized International Holo- by joining the House Armed Services Com- ment schedules with footnotes that made all unobligated balances unavailable for obliga- caust Remembrance Day, which marks 75 mittee. Over the past decade, he has sup- years since the liberation of the Auschwitz tion. Faithful execution of the law does not ported the Committee with all hearings, meet- permit the President to substitute his own death camp. The Holocaust is a crime without ings, and events. He has been an instrumental parallel. And how we deal with its memory de- policy priorities for those that Congress has part of the committee’s staff and although he enacted into law. OMB withheld funds for a fines us as a people and as a country. kept a low profile, his impact is deeply felt and policy reason, which is not permitted under As we look back at one of the darkest chap- is a testament to his invaluable work and con- the Impoundment Control Act (ICA). The ters in history, it is also our duty to look for- tribution. His presence will be sorely missed withholding was not a programmatic delay. ward. by his many colleagues who consider him a Therefore, we conclude that OMB violated Antisemitism is on the rise and hatred and the ICA. close friend, mentor, and inspiration. intolerance seem to spread unchecked. This Madam Speaker, it is with great pleasure DECISION cannot stand. As we honor the memory of that I recognize and thank John Johnson for In the summer of 2019, OMB withheld from those who came before us, we must recommit his many years of service to this country and obligation approximately $214 million appro- ourselves to securing a bright future for the priated to DOD for security assistance to the House Armed Services Committee. I wish next generation. Ukraine. See Department of Defense Appro- him a happy retirement, to be enjoyed with his To ensure this, we must continue to educate priations Act, 2019, Pub. L. No. 115–245, div. friends and family. younger generations on the atrocities of the A, title IX, § 9013, 132 Stat. 2981, 3044–45 (Sept. Holocaust and how it could occur. That is why f 28, 2018). OMB withheld amounts by issuing a series of nine apportionment schedules with I strongly support H.R. 943. It is critical that CELEBRATING THE 10TH ANNIVER- footnotes that made all unobligated balances the Department of Education provide the funds SARY OF NAPERVILLE FIRE for the Ukraine Security Assistance Initia- needed for schools to implement Holocaust STATION 10 tive (USAI) unavailable for obligation. See education programs into their curriculum, so Letter from General Counsel, OMB, to Gen- students understand the history of the Holo- HON. BILL FOSTER eral Counsel, GAO (Dec. 11, 2019) (OMB Re- caust. I urge the Senate to pass this bill imme- sponse), at 1–2. Pursuant to our role under OF ILLINOIS diately. the ICA, we are issuing this decision. Con- IN THE HOUSE OF REPRESENTATIVES gressional Budget and Impoundment Control f Wednesday, January 29, 2020 Act of 1974, Pub. L. No. 93–344, title X, § 1015, PERSONAL EXPLANATION 88 Stat. 297, 336 (July 12, 1974), codified at 2 Mr. FOSTER. Madam Speaker, I rise today U.S.C. § 686. As explained below, we conclude to recognize the 10th anniversary of Naperville that OMB withheld the funds from obligation HON. TRENT KELLY Fire Station 10. Opened in 2010, Fire Station for an unauthorized reason in violation of OF MISSISSIPPI 10 has allowed the Naperville Fire Department the ICA. See 2 U.S.C. § 684. We also question IN THE HOUSE OF REPRESENTATIVES (NFD) to provide greater service to the citi- actions regarding funds appropriated to the Department of State (State) for security as- Wednesday, January 29, 2020 zens of Southwestern Naperville. It is also the sistance to Ukraine. Mr. KELLY of Mississippi. Madam Speaker, first fire station in Naperville to receive a lead- OMB removed the footnote from the appor- I was unable to vote on January 28, 2020 due ership in Energy and Environmental Design tionment for the USAI funds on September to National Guard obligations. (LEED) certification, reflecting the NFD’s com- 12, 2019. OMB Response, at 2. Prior to their Had I been present, I would have voted mitment to sustainable decision-making. expiration, Congress then rescinded and re- The NFD provides fire protection for more appropriated the funds . Continuing Appro- NAY on Roll Call No. 25, NAY on Roll Call priations Act, 2020, Pub. L. No. 116–59, div. A, No. 26, and YEA on Roll Call No. 27. than 146,000 people and employs 200 full- time personnel. I would like to thank the § 124(b), 133 Stat. 1093, 1098 (Sept. 27, 2019). f In accordance with our regular practice, Naperville Fire Department and all Naperville we contacted OMB, the Executive Office of RECOGNIZING JOHN JOHNSON ON emergency service workers for the lifesaving the President, and DOD to seek factual infor- HIS RETIREMENT FROM THE work they do for our community. mation and their legal views on this matter. HOUSE ARMED SERVICES COM- f GAO, Procedures and Practices for Legal Deci- MITTEE sions and Opinions, GAO–06–1064SP (Wash- WHY IMPOUNDMENT CONTROL ACT ington, D.C.: Sept. 2006), available at MATTERS www.gao.gov/products/GA0–06–1064SP; Letter HON. ADAM SMITH from General Counsel, GAO, to Acting Direc- OF WASHINGTON SPEECH OF tor and General Counsel, OMB (Nov. 25, 2019); IN THE HOUSE OF REPRESENTATIVES Letter from General Counsel, GAO, to Acting Wednesday, January 29, 2020 HON. JOHN A. YARMUTH Chief of Staff and Counsel to the President, OF KENTUCKY Executive Office of the President (Nov. 25, Mr. SMITH of Washington. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES 2019); Letter from General Counsel, GAO, to on behalf of the House Armed Services Com- Secretary of Defense and General Counsel, mittee, I rise to honor and express gratitude to Tuesday, January 28, 2020 DOD (Nov. 25, 2019). Mr. John Johnson for his illustrious career Mr. YARMUTH. Madam Speaker, I include OMB provided a written response letter and certain apportionment schedules for se- serving his country upon his retirement. in the RECORD the Government Accountability curity assistance funding for Ukraine. OMB Known as JJ to his friends and family, his long Office’s January 16, 2020 legal opinion finding Response (written letter); OMB Response, career is marked with distinction and praise that the Trump Administration’s Office of Man- Attachment (apportionment schedule). The from his colleagues who consider him an ex- agement and Budget violated the Impound- Executive Office of the President responded emplary patriot and an embodiment of what it ment Control Act of 1974 by withholding for- to our request by referring to the letter we means to dedicate one’s life to service. eign aid. I am submitting this in the RECORD had received from OMB and providing that

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.003 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E100 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 the White House did not plan to send a sepa- that the pause in obligation would not pre- cluding the termination of programs for rate response. Letter from Senior Associate clude timely obligation. Id. The apportion- which Congress has provided budget author- Counsel to the President, Executive Office of ment schedule issued on August 20 read as ity, by proposing a ‘‘rescission.’’ 2 U.S.C. the President, to General Counsel, GAO (Dec. follows: § 683. 20, 2019). We have contacted DOD regarding ‘‘Amounts apportioned, but not yet obli- In either case, the ICA requires that the its response several times. Letter from Gen- gated as to the date of this reapportionment, President transmit a special message to Con- eral Counsel, GAO, to Secretary of Defense for the Ukraine Security Assistance Initia- gress that includes the amount of budget au- and General Counsel, DOD (Dec. 10, 2019); tive (Initiative) are not available for obliga- thority proposed for deferral or rescission Telephone Conversation with Deputy Gen- tion until August 26, 2019, to allow for an and the reason for the proposal. 2 U.S.C. eral Counsel for Legislation, DOD (Dec. 12, interagency process to determine the best §§ 683–684. These special messages must pro- 2019); Telephone Conversation with Office of use of such funds. DOD may continue its vide detailed and specific reasoning to jus- General Counsel Official, DOD (Dec. 19, 2019). planning and casework for the Initiative dur- tify the withholding, as set out in the ICA. Thus far, DOD officials have not provided a ing this period.’’ Id., Attachment. The appor- See 2 U.S.C. §§ 683–684; B–237297.4, Feb. 20, 1990 response or a timeline for when we will re- tionment schedules issued on August 27 and (vague or general assertions are insufficient ceive one. 31, 2019; and on September 5, 6, and 10, 2019 to justify the withholding of budget author- BACKGROUND were identical except for the dates. Id. On ity). The burden to justify a withholding of September 12, 2019, OMB issued an apportion- For fiscal year 2019, Congress appropriated budget authority rests with the executive ment that removed the footnote that pre- $250 million for the Ukraine Security Assist- branch. viously made the USAI funds unavailable for ance Initiative (USAI). Pub. L. No. 115–245, There is no assertion or other indication obligation. OMB Response, at 2; id., Attach- § 9013, 132 Stat. at 3044–45. The funds were here that OMB intended to propose a rescis- ment. According to OMB, approximately $214 available ‘‘to provide assistance, including sion. Not only did OMB not submit a special million of the USAI appropriation was with- training; equipment; lethal assistance; logis- message with such a proposal, the footnotes held as a result of these footnotes. OMB Re- tics support, supplies and services; in the apportionment schedules, by their sponse, at 2. OMB did not transmit a special sustainment; and intelligence support to the very terms, established dates for the release message proposing to defer or rescind the military and national security forces of of amounts withheld. The only other author- funds. Ukraine.’’ Id. § 9013, 132 Stat. at 3044. The ap- ity, then, for withholding amounts would propriation made the funds available for ob- DISCUSSION have been a deferral. ligation through September 30, 2019. Id. At issue in this decision is whether OMB The ICA authorizes the deferral of budget DOD was required to notify Congress 15 had authority to withhold the USAI funds authority in a limited range of cir- days in advance of any obligation of the from obligation. The Constitution specifi- cumstances: to provide for contingencies; to USAI funds. Id. § 9013, 132 Stat. at 3045. In cally vests Congress with the power of the achieve savings made possible by or through order to obligate more than fifty percent of purse, providing that ‘‘No Money shall be changes in requirements or greater effi- the amount appropriated, DOD was also re- drawn from the Treasury, but in Con- ciency of operations; or as specifically pro- quired to certify to Congress that Ukraine sequence of Appropriations made by Law.’’ vided by law. 2 U.S.C. § 684(b). No officer or had taken ‘‘substantial actions’’ on ‘‘defense U.S. Const. art. I, § 9, cl. 7. The Constitution employee of the United States may defer institutional reforms.’’ John S. McCain Na- also vests all legislative powers in Congress budget authority for any other purpose. Id. tional Defense Authorization Act for Fiscal and sets forth the procedures of bicamer- Here, OMB did not identify—in either the Year 2019, Pub. L. No. 115–232, div., A, title alism and presentment, through which the apportionment schedules themselves or in its XII, 1246, 132 Stat. 1636, 2049 (Aug. 13, 2018) President may accept or veto a bill passed by response to us—any contingencies as recog- (amending National Defense Authorization both Houses of Congress, and Congress may nized by the ICA, savings or efficiencies that Act for Fiscal Year 2016, Pub. L. No. 114–92, subsequently override a presidential veto. would result from a withholding, or any law div. A, title XII, § 1250, 129 Stat. 726, 1068 Id., art. I, § 7, cl. 2, 3. The President is not specifically authorizing the withholding. In- (Nov. 25, 2015)). On May 23, 2019, DOD pro- vested with the power to ignore or amend stead, the footnote in the apportionment vided this certification to Congress. Letter any such duly enacted law. See Clinton v. schedules described the withholding as nec- from Under Secretary of Defense for Policy, City of New York, 524 U.S. 417, 438 (1998) (the essary ‘‘to determine the best use of such to Chairman, Senate Committee on Foreign Constitution does not authorize the Presi- funds.’’ See OMB Response, at 2; Attach- Relations (May 23, 2019) (DOD Certification) dent ‘‘to enact, to amend, or to repeal stat- ment. In its response to us, OMB described (noting that similar copies had been provided utes’’). Instead, he must ‘‘faithfully execute’’ the withholding as necessary to ensure that to the congressional defense committees and the law as Congress enacts it. U.S. Const., the funds were not spent ‘‘in a manner that the House Committee on Foreign Affairs). In art. II, § 3. could conflict with the President’s foreign its certification, DOD included descriptions An appropriations act is a law like any policy.’’ OMB Response, at 9. of its planned expenditures, totaling $125 other; therefore, unless Congress has enacted The ICA does not permit deferrals for pol- million. Id. a law providing otherwise, the President On July 25, 2019, OMB issued the first of must take care to ensure that appropriations icy reasons. See B–237297.3, Mar. 6, 1990; B– nine apportionment schedules with footnotes are prudently obligated during their period 224882, Apr. 1, 1987. OMB’s justification for withholding USAI funds from obligation. of availability. See B–329092, Dec. 12, 2017 the withholding falls squarely within the OMB Response, 1–2. This footnote read: (the ICA operates on the premise that the scope of an impermissible policy deferral. ‘‘Amounts apportioned, but not yet obli- President is required to obligate funds appro- Thus, the deferral of USAI funds was im- gated as of the date of this reapportionment, priated by Congress, unless otherwise au- proper under the ICA. for the Ukraine Security Assistance Initia- thorized to withhold). In fact, Congress was When Congress enacts appropriations, it tive (Initiative) are not available for obliga- concerned about the failure to prudently ob- has provided budget authority that agencies tion until August 5, 2019, to allow for an ligate according to its Congressional prerog- must obligate in a manner consistent with interagency process to determine the best atives when it enacted and later amended law. The Constitution vests lawmaking use of such funds. Based on OMB’s commu- the ICA. See generally, H.R. Rep. No. 100–313, power with the Congress. U.S. Const., art. I, nication with DOD on July 25, 2019, OMB un- at 66–67 (1987); see also S. Rep. No. 93–688, at § 8, cl. 18. The President and officers in an derstands from the Department that this 75 (1974) (explaining that the objective was to Administration of course may consider their brief pause in obligations will not preclude assure that ‘‘the practice of reserving funds own policy objectives as they craft policy DOD’s timely execution of the final policy does not become a vehicle for furthering Ad- proposals for inclusion in the President’s direction. DOD may continue its planning ministration policies and priorities at the budget submission. and casework for the Initiative during this expense of those decided by Congress’’). See B–319488, May 21, 2010, at 5 (‘‘Planning period.’’ Id.; see id., Attachment. The Constitution grants the President no activities are an essential element of the On both August 6 and 15, 2019, OMB ap- unilateral authority to withhold funds from budget process.’’). However, once enacted, proved additional apportionment actions to obligation. See B–135564, July 26, 1973. In- the President must ‘‘take care that the laws extend this ‘‘pause in obligations,’’ with stead, Congress has vested the President be faithfully executed.’’ See U.S. Const., art. footnotes that, except for the dates, were with strictly circumscribed authority to im- II, § 3. Enacted statutes, and not the Presi- identical to the July 25, 2019 apportionment pound, or withhold, budget authority only in dent’s policy priorities, necessarily provide action. Id., at 2 n. 2. OMB approved addi- limited circumstances as expressly provided the animating framework for all actions tional apportionment actions on August 20, in the ICA. See 2 U.S.C. §§ 681–688. The ICA agencies take to carry out government pro- 27, and 31, 2019; and on September 5, 6, and 10, separates impoundments into two exclusive grams. Louisiana Public Service Commission v. 2019. Id. The footnotes from these additional categories—deferrals and rescissions. The FCC, 476 U.S. 355, 374 (1986) (‘‘[A]n agency lit- apportionment actions were, except for the President may temporarily withhold funds erally has no power to act . . . unless and dates, otherwise identical to one another. from obligation—but not beyond the end of until Congress confers power upon it.’’); Id., Attachment. They nevertheless differed the fiscal year in which the President trans- Michigan v. EPA, 268 F.3d 1075, 1081 (D.C. Cir. from those of July 25 and August 6 and 15, mits the special message—by proposing a 2001) (a federal agency is ‘‘a creature of stat- 2019, in that they omitted the second sen- ‘‘deferral.’’ 2 U.S.C. § 684. The President may ute’’ and ‘‘has no constitutional or common tence that appeared in the earlier apportion- also seek the permanent cancellation of law existence or authority, but only those ment actions regarding OMB’s understanding funds for fiscal policy or other reasons, in- authorities conferred upon it by Congress’’).

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.008 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E101 Faithful execution of the law does not per- limited information. E-mail from Staff At- Had I been present, I would have voted mit the President to substitute his own pol- torney, GAO, to Office of General Counsel, YEA. icy priorities for those that Congress has en- State, Subject: RE: Response to GAO on Timeli- I was also unavoidably detained for Roll Call acted into law. In fact, Congress was con- ness of Ukraine Military Assistance (Dec. 18, Number 24, On motion to suspend the rules cerned about exactly these types of 2019) (GAO’s request for additional informa- and pass H.R. 4704 to direct the Director of withholdings when it enacted and later tion); E-mail from GAO Liaison Director, amended the ICA. See H.R. Rep. No. 100–313, State, to Assistant General Counsel for Ap- the National Science Foundation to support at 66–67 (1987); see also S. Rep. No. 93–688, at propriations Law, GAO, Subject: Response to multidisciplinary research on the science of 75 (1974) (explaining that the objective was to GAO on Timeliness of Ukraine Military Assist- suicide, and to advance the knowledge and assure that ‘‘the practice of reserving funds ance (Dec. 12, 2019) (State’s response to understanding of the issues that may be asso- does not become a vehicle for furthering Ad- GAO’s November 25, 2019 letter); State’s Ad- ciated with several aspects of suicide including ministration policies and priorities at the ditional Response. OMB’s response to us con- intrinsic and extrinsic factors related to areas expense of those decided by Congress’’). tained very little information regarding the such as wellbeing, resilience, and vulnerability. OMB asserts that its actions are not sub- FMF funds. See generally OMB Response, at Had I been present, I would have voted ject to the ICA because they constitute a 2–3. YEA. programmatic delay. OMB Response, at 7, 9. As a result, we will renew our request for It argues that a ‘‘policy development process specific information from State and OMB re- f is a fundamental part of program implemen- garding the potential impoundment of FMF PERSONAL EXPLANATION tation,’’ so its impoundment of funds for the funds in order to determine whether the Ad- sake of a policy process is programmatic. Id., ministration’s actions amount to a with- at 7. OMB further argues that because re- holding subject to the ICA, and if so, wheth- HON. DOUG COLLINS views for compliance with statutory condi- er that withholding was proper. We will con- OF GEORGIA tions and congressional mandates are consid- tinue to pursue this matter. IN THE HOUSE OF REPRESENTATIVES ered programmatic, so too should be reviews CONCLUSION Wednesday, January 29, 2020 undertaken to ensure compliance with presi- OMB violated the ICA when it withheld dential policy prerogatives. Id., at 9. OMB’s Mr. COLLINS of Georgia. Madam Speaker, DOD’s USAI funds from obligation for policy assertions have no basis in law. We recognize on Monday, January 27, 2020, I was absent reasons. This impoundment of budget au- that, even where the President does not from the vote series due to my attendance at thority was not a programmatic delay. transmit a special message pursuant to the OMB and State have failed, as of yet, to a funeral in Georgia. procedures established by the ICA, it is pos- provide the information we need to fulfill Had I been present, I would have voted sible that a delay in obligation may not con- our duties under the ICA regarding potential YEA on Roll Call No. 23, and YEA on Roll stitute a reportable impoundment. See B– impoundments of FMF funds. We will con- Call No. 24. 329092, Dec. 12, 2017; B–222215, Mar. 28, 1986. tinue to pursue this matter and will provide However, programmatic delays occur when f our decision to the Congress after we have an agency is taking necessary steps to imple- received the necessary information. KOBE BRYANT ment a program, but because of factors ex- We consider a reluctance to provide a ful- ternal to the program, funds temporarily go some response to have constitutional signifi- unobligated. B–329739, Dec. 19, 2018; B–291241, HON. BARBARA LEE cance. GAO’s role under the ICA—to provide Oct. 8, 2002; B–241514.5, May 7, 1991. This pre- OF CALIFORNIA information and legal analysis to Congress sumes, of course, that the agency is making IN THE HOUSE OF REPRESENTATIVES as it performs oversight of executive activ- reasonable efforts to obligate. B–241514.5, ity—is essential to ensuring respect for and Wednesday, January 29, 2020 May 7, 1991. Here, there was no external fac- allegiance to Congress’ constitutional power tor causing an unavoidable delay. Rather, Ms. LEE of California. Madam Speaker, I of the purse. All federal officials and employ- OMB on its own volition explicitly barred rise today heartbroken upon hearing of the ees take an oath to uphold and protect the DOD from obligating amounts. sudden passing of Kobe Bryant, his daughter Constitution and its core tenets, including Furthermore, at the time OMB issued the the congressional power of the purse. We Gianna, and occupants Christina Mauser, Keri first apportionment footnote withholding trust that State and OMB will provide the Altobelli, John Altobelli, Alyssa Altobelli, the USAI funds, DOD had already produced a information needed. Payton Chester, Sarah Chester, and Ara plan for expending the funds. See DOD Cer- THOMAS H. ARMSTRONG, Zobayan. tification, at 4–14. DOD had decided on the General Counsel. Kobe was an inspirational leader, advocate, items it planned to purchase and had pro- vided this information to Congress on May f athlete and father. He inspired people from 23, 2019. Id. Program execution was therefore across the world to strive for greatness, to be well underway when OMB issued the appor- PERSONAL EXPLANATION the best, and to invoke what he called, the tionment footnotes. As a result, we cannot Mamba Mentality. accept OMB’s assertion that its actions are HON. KAY GRANGER Kobe not only inspired the people of Cali- programmatic. OF TEXAS fornia but the entire world. From his incredibly The burden to justify a withholding of IN THE HOUSE OF REPRESENTATIVES difficult jump shots, to his selfless charitable budget authority rests with the executive efforts, Kobe always worked hard to stand up branch. Here, OMB has failed to meet this Wednesday, January 29, 2020 for what he believed in and to be a great fa- burden. We conclude that OMB violated the ICA when it withheld USAI funds for a policy Ms. GRANGER. Madam Speaker, I was un- ther to four beautiful girls whom he loved. reason. able to attend votes due to circumstances be- This unimaginable tragedy has rocked this world and left many hurt. Kobe Bryant finished FOREIGN MILITARY FINANCING yond my control. his NBA career among the best to have ever We also question actions regarding funds Had I been present, I would have voted appropriated to State for security assistance YEA on Roll Call No. 23; YEA on Roll Call No. played the game. to Ukraine. In a series of apportionments in 24; NAY on Roll Call No. 25; NAY on Roll Call His legacy will live on forever and we must August of 2019, OMB withheld from obliga- No. 26; and YEA on Roll Call No. 27. come together to support the entire Bryant family and all the families affected through this tion some foreign military financing (FMF) f funds for a period of six days. These actions tragedy. may have delayed the obligation of $26.5 mil- PERSONAL EXPLANATION f lion in FMF funds. See OMB Response, at 3. An additional $141.5 million in FMF funds ´ WHY IMPOUNDMENT CONTROL ACT may have been withheld while a congres- HON. LINDA T. SANCHEZ MATTERS sional notification was considered by OMB. OF CALIFORNIA See E-mail from GAO Liaison Director, IN THE HOUSE OF REPRESENTATIVES SPEECH OF State, to Staff Attorney, GAO, Subject: Re- sponse to GAO on Timeliness of Ukraine Mili- Wednesday, January 29, 2020 HON. JOHN A. YARMUTH OF KENTUCKY tary Assistance (Jan. 10, 2020) (State’s Addi- Ms. SA´ NCHEZ. Madam Speaker, on Roll IN THE HOUSE OF REPRESENTATIVES tional Response). We have asked both State Call Number 23, On motion to suspend the and OMB about the availability of these rules and pass H.R. 943, To authorize the Tuesday, January 28, 2020 funds during the relevant period. Letter from General Counsel, GAO, to Acting Director Secretary of Education to award grants to eli- Mr. YARMUTH. Madam Speaker, I include and General Counsel, OMB (Nov. 25, 2019); gible entities to carry out educational pro- in the RECORD the December 10, 2018 Gov- Letter from General Counsel, GAO, to Sec- grams about the Holocaust, and for other pur- ernment Accountability Office’s decision con- retary of State and Acting Legal Adviser, poses, I was unavoidably detained and missed firming Congress’ power of the purse by con- State (Nov. 25, 2019). State provided us with the vote. cluding that, while the Impoundment Control

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JA8.009 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E102 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 Act does, under limited circumstances, allow cl. 7. The Constitution also vests all legisla- riod, the Congress has completed action on a the President to withhold money for up to 45 tive powers in Congress and sets forth the rescission bill rescinding all or part of the congressional session days, the President procedures of bicameralism and present- amount proposed to be rescinded or that is ment, through which the President may ac- cannot freeze the money for so long that it to be reserved.’’ ICA, § 1012(b); 2 U.S.C. cept or veto a bill passed by both houses of § 683(b). Section 1017 of the ICA establishes can no longer be used. I am submitting this in Congress and Congress may subsequently expedited procedures to facilitate Congress’s the RECORD to help inform the public of the override a presidential veto. Id., art. I, § 7, cl. consideration of a rescission bill during the Administration’s systematic disregard of Con- 2, 3. The procedures of bicameralism and pre- 45-day period. ICA, § 1017; 2 U.S.C. § 688. This gress’ constitutional authority, separation of sentment form the only mechanism for en- opinion focuses on the withholding of powers principles, and the Impoundment Con- acting federal law. See INS v. Chadha, 462 amounts pursuant to a rescission proposal. trol Act. U.S. 919, 951 (1983) (‘‘[T]he prescription for DISCUSSION GAO, U.S. GOVERNMENT legislative action in Art. I, §§ 1, 7, represents The ICA authorizes the President to with- ACCOUNTABILITY OFFICE, the Framers’ decision that the legislative hold funds from obligation under limited cir- December 10, 2018. power of the Federal Government be exer- cumstances. At issue here is whether the ICA Subject: Impoundment Control Act—With- cised in accord with a single, finely wrought allows the withholding of a fixed-period ap- holding of Funds through Their Date of and exhaustively considered, procedure.’’). propriation, pursuant to the President’s The Constitution also vests Congress with Expiration transmission of a rescission proposal, to con- power to make all laws ‘‘necessary and prop- Hon. STEVE WOMACK, tinue through the date on which the funds er’’ to implement its constitutional authori- Chairman, Committee on the Budget, would expire. House of Representatives. ties. U.S. Const., art. I, § 8, cl. 18. To that end, POWERS GRANTED BY THE ICA ARE LIMITED Hon. JOHN YARMUTH, Congress has enacted several permanent To interpret the ICA, we begin with the Ranking Member, Committee on the Budget, statutes that govern the use of appropria- text of the statute and give ordinary mean- House of Representatives. ing to statutory terms, unless otherwise de- This responds to your request for our legal tions, including the Antideficiency Act, fined. Sebelius v. Cloer, 569 U.S. 369,376 (2013); opinion regarding the scope of the authority which provides that agencies may incur obli- gations or make expenditures only when suf- BP America Production Co. v. Burton, 549 U.S. provided under the Impoundment Control ficient amounts are available in an appro- 84, 91 (2006). Section 1012(b) states that funds Act of 1974 (ICA) to withhold budget author- priation. proposed to be rescinded ‘‘shall be made ity from obligation pending congressional 31 U.S.C. § 1341. Because agencies may available for obligation unless, within the consideration of a rescission proposal. Pub. incur obligations only in accordance with ap- prescribed 45-day period, the Congress has L. No. 93–344, title X, 88 Stat. 297, 332 (July propriations made by law, and because the completed action on a rescission bill rescind- 12, 1974), amended by Pub. L. No. 100–119, title Constitution vests all lawmaking power in ing all or part of the amount proposed to be II, §§ 206, 207, 101 Stat. 754, 785 (Sept. 29, 1987), Congress, only appropriations duly enacted rescinded . . . .’’ Use of the conjunction ‘‘un- classified at 2 U.S.C. §§ 681–688; Letter from through the constitutional processes of bi- less’’ denotes that the clause that follows Representative Steve Womack, Chairman, cameralism and presentment authorize agen- provides an exception to the rule that pre- and Representative John Yarmuth, Ranking cies to incur obligations or make expendi- cedes the term. See American Heritage Dic- Member, House Committee on the Budget, to tures. The Presentment Clauses allow the tionary (4th ed. 2009) (defining ‘‘unless’’ as Comptroller General (Oct. 31, 2018). Under President to veto an appropriations bill be- ‘‘except on the condition that’’ and ‘‘except limited circumstances, the ICA allows the fore it becomes law. See Art. I, § 7, cl. 2, 3. under the circumstances that’’). Further, President to withhold amounts from obliga- However, the Constitution provides no mech- ‘‘shall,’’ in the context of a statute, gen- tion for up to 45 calendar days of continuous anism for the President to invalidate a duly erally means ‘‘must.’’ Ballentine’s Law Dic- congressional session. See ICA, § 1012(b); 2 enacted law. Instead, the Constitution re- tionary (3d ed. 2010) (defining shall as ‘‘the U.S.C. § 683(b). At issue here is whether the quires the President to ‘‘take Care that the equivalent of ‘must,’ where appearing in a Act allows such a withholding of a fixed-pe- Laws be faithfully executed.’’ U.S. Const., statute’’). See also Western Minnesota Munic- riod appropriation scheduled to expire with- art. II, § 3; see also Clinton v. City of New York, ipal Power Agency v. FERC, 806 F.3d. 588, 592 in the prescribed 45-day period to continue 524 U.S. 417, 438 (1998) (the Constitution does (D.C. Cir. 2015) (‘‘shall give preference’’ was a through the date on which the funds would not authorize the President ‘‘to enact, to mandatory directive to the commission); expire. amend, or to repeal statutes’’). Drummond Coal Co. v. Watt, 735 F.2d 469, 473 As discussed below, we conclude that the An appropriation is a law like any other; ICA does not permit the withholding of funds (11th Cir. 1984) (noting ‘‘ ‘shall’ is a manda- therefore, unless Congress has enacted a law tory, not permissive form’’). The phrase through their date of expiration. The statu- providing otherwise, the President must tory text and legislative history of the ICA, ‘‘shall be made available’’ thus constitutes a take care to ensure that appropriations are mandatory directive that funds proposed for Supreme Court case law, and the overarching prudently obligated during their period of constitutional framework of the legislative rescission be made available for obligation, availability. See B–329092, Dec. 12, 2017 (not- and the term ‘‘unless’’ denotes the single ex- and executive powers provide no basis to in- ing that the ICA operates on the premise terpret the ICA as a mechanism by which the ception to this requirement. that the President is required to obligate The text of section 1012(b) then provides President may unilaterally abridge the en- funds appropriated by Congress, unless oth- that the only mechanism that permits budg- acted period of availability of a fixed-period erwise authorized to withhold). An ‘‘im- et authority to be permanently withheld is appropriation. The Constitution vests in poundment’’ is any action or inaction by an Congress’s completion of action on a rescis- Congress the power of the purse, and Con- officer or employee of the federal govern- sion bill within the 45-day period. gress did not cede this important power ment that precludes obligation or expendi- An appropriation is available to incur new through the ICA. Instead, the terms of the ture of budget authority. GAO, A Glossary of obligations only during its period of avail- ICA are strictly limited. The ICA permits Terms Used in the Federal Budget Process, ability, which, for a fixed-period appropria- only the temporary withholding of budget GAO–05–734SP (Washington, D.C.: Sept. 2005), tion, is a finite period of time. See 31 U.S.C. authority and provides that unless Congress at 61. The President has no unilateral au- § 1551(a)(3). See also 31 U.S.C. §§ 1501, 1502 (ob- rescinds the amounts at issue, they must be thority to withhold funds from obligation. ligation of a fixed-period appropriation must made available for obligation. The President See B–135564, July 26, 1973. The ICA, however, correspond to the bona fide needs of the ap- cannot rely on the authority in the ICA to allows the President to impound budget au- propriation’s period of availability and must withhold amounts from obligation, while si- thority in limited circumstances. The Presi- be executed before the end of such period). multaneously disregarding the ICA’s limita- dent may temporarily withhold funds from For example, an agency may use a one-year tions. In accordance with our regular prac- obligation—but not beyond the end of the appropriation to obligate the government for tice, we contacted the Office of Management fiscal year—by proposing a ‘‘deferral.’’ ICA, expenses properly chargeable to that year, or and Budget (OMB) for its legal views on this § 1013; 2 U.S.C. § 684. The President may also may use a multiple-year appropriation to ob- matter. GAO, Procedures and Practices for seek the permanent cancellation of funds for ligate the government for expenses properly Legal Decisions and Opinions, GAO–06–1064SP fiscal policy or other reasons, including the chargeable to that multiple-year period. But (Washington, D.C.: Sept. 2006), available at termination of programs for which Congress the government may not incur obligations www.gao.gov/products/GAO-06-1064SP; Letter has provided budget authority, by proposing against such appropriations after the rel- from General Counsel, GAO, to General a ‘‘rescission.’’ ICA, § 1012; 2 U.S.C. § 683. evant time frame, as the budget authority’s Counsel, OMB (Nov. 1, 2018). In response, When the President transmits a special mes- period of availability would have ended. OMB provided its legal analysis. Letter from sage proposing a rescission of budget author- Immediately after the period of avail- General Counsel, OMB, to General Counsel, ity (a rescission proposal) in accordance with ability for obligation of a fixed-period appro- GAO (Nov. 16, 2018) (Response Letter). the ICA, amounts proposed for rescission priation ends, the budget authority is ‘‘ex- BACKGROUND may be impounded (that is, withheld from pired’’ and no longer available to incur new The Constitution specifically vests Con- obligation) for a period of 45 calendar days of obligations. Glossary, at 23 (defining expired gress with the power of the purse, providing continuous congressional session. See ICA, budget authority). See also 18 Comp. Gen. 969 that ‘‘No Money shall be drawn from the § 1012; 2 U.S.C. § 683. The Act states that such (1939). An expired account is only available Treasury, but in Consequence of Appropria- amounts ‘‘shall be made available for obliga- to record, to adjust, and to liquidate obliga- tions made by Law.’’ U.S. Const., art. I, § 9, tion unless, within the prescribed 45-day pe- tions properly chargeable to that account

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.014 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E103 during the account’s period of availability. appropriations that were withheld. Id. We that Congress has enacted. Though the ICA 31 U.S.C. § 1553(a). Notably, the permissible noted this one-day period could be insuffi- permits the President to withhold amounts uses of an expired appropriation relate back cient to prudently obligate the funds. Id. We from obligation under limited cir- to obligations incurred during the period of found the timing of the proposal ‘‘particu- cumstances, the amounts are permanently availability of the funds and do not con- larly troublesome’’ as it could ‘‘operate to rescinded only if Congress takes affirmative stitute new obligations themselves. deny to the Congress the expected con- legislative action through the constitutional The plain language of section 1012(b) pro- sequence of its rejecting a rescission pro- processes of bicameralism and presentment. vides that absent Congress’s completion of posal—the full and prudent use of the budget One must read the ICA as a whole. The Act action on a rescission bill rescinding all or authority.’’ Id. outlines a process, and affords the President part of amounts proposed to be rescinded We have drawn similar conclusions con- limited authority to withhold appropriated within the prescribed 45-day period, such cerning deferrals under the ICA. In such amounts while Congress expedites its consid- amounts must be made available for obligation. cases we have noted that deferred funds must eration of the President’s legislative pro- The authority to withhold is not severable be released in sufficient time to allow them posal to rescind the already enacted appro- from the provision’s requirement regarding to be prudently obligated. See B–216664, Apr. priations. It would be an abuse of this lim- the release of the funds. Indeed, the provi- 12, 1985 (emphasizing that deferral, under the ited authority and an interference with sion permits a temporary withholding of President’s sixth special message for fiscal Congress’s constitutional prerogatives if a budget authority, and otherwise requires its year 1985, of amounts scheduled to expire President were to time the withholding of availability for obligation in all other cir- should not extend beyond the point at which expiring budget authority to effectively cumstances. As budget authority is available the funds could be prudently obligated). See alter the time period that the budget author- to incur obligations only during its period of also 54 Comp. Gen. 453 (1974) (recognizing availability, implicit in the ICA’s require- that a deferral of budget authority that ity is available for obligation from the time ment under section 1012(b) that budget au- ‘‘could be expected with reasonable certainty period established by Congress in duly en- thority be ‘‘made available for obligation’’ is to lapse before [it] could be obligated, or acted appropriations legislation. It would be that such budget authority must not be ex- would have to be obligated imprudently to inimical to the ICA and to its constitutional pired. Because a fixed-period appropriation is avoid that consequence’’ constitutes a de underpinnings for the executive to avail current only for a definite period of time, facto rescission, and must be reclassified as itself of the withholding authority in the section 1012(b) of the ICA requires that if a rescission proposal). ICA, but to ignore the remainder of the proc- Congress does not enact a rescission bill, the The legislative history of the ICA supports ess. See generally B–330376, Nov. 30, 2018 (citing appropriation must be made available for ob- this construction of section 1012(b). During NROC v. Abraham, 355 F.3d 179, 205 (2d Cir. ligation during that finite period. After this consideration of the report of the committee 2004)) (finding that agencies ‘‘cannot have it finite period has ended, the appropriation is of conference on H.R. 7130, 93rd Cong. (1974), both ways,’’ claiming both the benefit of ad- expired and cannot be available for new obli- which was ultimately enacted into law as hering to a statutory provision, while simul- gations. the ICA, members recognized that affirma- taneously arguing that the requirements of Consequently, the ICA does not permit tive congressional action is required for a re- the provision do not apply). Therefore, budget authority proposed for rescission to scission of funds under the language of sec- amounts proposed for rescission must be be withheld until its expiration simply be- tion 1012. Senator Sam J. Ervin, Jr., the made available for prudent obligation before cause the 45-day period has not yet elapsed. sponsor of a related bill, stated regarding the amounts expire, even where the 45-day A withholding of this nature would be an section 1012: period for congressional consideration pro- aversion both to the constitutional process ‘‘[The purpose) is to provide an orderly vided in the ICA approaches or spans the for enacting federal law and to Congress’s method by which differences of opinion may date on which funds would expire: the re- constitutional power of the purse, for the be reconciled between the President and quirement to make amounts available for President would preclude the obligation of Congress in respect to the amounts of appro- obligation in this situation prevails over the budget authority Congress has already en- priations sought . . . The recommendation of privilege to temporarily withhold the acted and did not rescind. For example, con- the President that an appropriation be elimi- amounts. OMB asserts that the ICA does not sider a situation where fiscal year budget au- nated or reduced in and of itself would have no preclude an impoundment from persisting thority is withheld pursuant to a special legal effect whatsoever. In other words, for it through the date on which amounts would message submitted less than 45 days before to become effective, both Houses of Congress, expire. Response Letter, at 2. the end of the fiscal year and where, upon by a majority vote, would have to take ac- conclusion of the 45-day period, Congress has tion either eliminating the appropriation or Specifically, OMB relies on the purported not completed action on a corresponding re- reducing the appropriation . . . I might say silence of section 1012 with regard to the scission bill. An interpretation of section that the 45-day provision is placed in the bill President’s ability to propose rescissions 1012(b) that would permit the withholding of for the purpose of spurring speedy congres- under the ICA late in the fiscal year, as com- such budget authority for the duration of the sional action, but with recognition of the pared to the language in section 1013, which 45-day period would result in the expiration fact that Congress cannot deprive itself of governs the deferral of budget authority. Id. of the funds during that period. The expired any other power it has under the Constitu- In particular, section 1013 states that a de- amounts then could not be made available tion.’’ ferral ‘‘may not be proposed for any period of for obligation despite Congress not having 120 Cong. Rec. 20,473 (June 21, 1974) (state- time extending beyond the end of the fiscal completed action on a bill rescinding the ment of Sen. Ervin) (emphasis added). As one year in which the special message proposing amounts, as expired appropriations are not member stated succinctly when discussing the deferral is transmitted to the House and available for obligation. The ICA represents similar language: ‘‘the impoundment fails the Senate[,]’’ and also provides that the an agreement between the legislative and ex- unless Congress acts affirmatively.’’ 119 provisions of the section, which necessarily ecutive branches, whereby the President Cong. Rec. 15,236 (May 10, 1973) (statement of includes this proscription, do not apply to may withhold budget authority for a limited Sen. Roth) (debating S. 373, which would amounts proposed for rescission under sec- period during which Congress may consider have required an impoundment to cease tion 1012. ICA, §§ 1013(a), (c); 2 U.S.C. §§ 684(a), the corresponding proposal to rescind the within 60 days unless it had been ratified by (c). According to OMB, these distinctions amounts using expedited procedures. The ex- Congress). See also H.R. Conf. Rep. No. 93– demonstrate that section 1012 does not re- piration of these amounts would frustrate 1101, at 76 (1974); S. Conf. Rep. No. 93–924, at quire the President to make withheld budget the design of the ICA, as it would contravene 76 (1974) (‘‘Unless both Houses of Congress authority available for obligation before the the plain meaning of section 1012(b), which complete action on a rescission bill within 45 end of the fiscal year. Response Letter, at 1. requires that amounts not rescinded during days, the budget authority shall be made Under OMB’s rationale, the ICA grants the this period of consideration be ‘‘made avail- available for obligation.’’). President authority to withhold funds for able for obligation.’’ Congress considered bill language under the entire 45-day period, even if such with- Regardless of whether the 45-day period for which an impoundment would have contin- holding would result in the expiration of im- congressional consideration provided in the ued indefinitely unless Congress took spe- pounded balances. ICA approaches or spans the date on which cific action to affirmatively disapprove of the funds would expire, section 1012(b) requires impoundment. H.R. 8480, 93rd Cong. (1973) We disagree with OMB’s position. As a that budget authority be made available in (providing that an impoundment ‘‘shall cease practical matter, OMB’s interpretation of sufficient time to be prudently obligated. if within [60] calendar days of continuous the ICA would grant the President unilateral The amount of time required for prudent ob- session after the date on which the message authority to rescind funds that are near ex- ligation will vary from one program to an- is received by the Congress the specific im- piration by altering the time period that the other. In some programs, prudent obligation poundment shall have been disapproved by budget authority is available for obligation may require hours or days, while others may either House . . .’’ (emphasis added)). How- from the time period established in existing require weeks or months. We have previously ever, Congress did not enact such language. law. Suppose the President were to transmit signaled that the consequence of an Instead, Congress enacted legislation under a special message less than 45 days before unenacted rescission proposal should be the which an impoundment becomes permanent amounts are due to expire. In OMB’s view, an full and prudent obligation of the budget au- only if Congress enacts appropriate legisla- impoundment could continue through the thority. B–115398, Aug. 27, 1976. In 1976, the tion through the processes of bicameralism funds’ date of expiration—at which point the President submitted a special message for and presentment. funds would no longer be available for new which the 45-day period would end on Sep- Under the Constitution, the President obligations. Therefore, fiscal year funds pro- tember 29, 1976, leaving one day to obligate must take care to execute the appropriations posed for rescission in a special message late

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.015 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E104 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 in the fiscal year, even if not legally re- authority to temporarily withhold funds vide Congress with a unilateral mechanism scinded by the enactment of legislation, from obligation. The overarching constitu- to reject a rescission proposal. In addition to would be effectively rescinded if Congress tional framework of the executive and legis- Chadha, other Supreme Court decisions also takes no action at all. In OMB’s view, only lative powers, as well as the statutory text have resoundingly invalidated this premise. through affirmative legislative action could and legislative history of the ICA, provide no See Clinton, 524 U.S. 417, 438–41; Chadha, 462 Congress prevent the rescission of funds that basis to construe the ICA as a mechanism by U.S. at 951–58. As the Court made clear in the President proposes for rescission in a which the President may, in effect, unilater- Clinton, the Constitution vests the President special message transmitted close to the ally shorten the availability of budget au- with authority to ‘‘initiate and influence date on which the funds would expire. OMB’s thority by transmitting strategically-timed legislative proposals.’’ 524 U.S. at 438 (empha- reading of the ICA would preempt the con- special messages. Rather, amounts proposed sis added). A rescission proposal is one such gressional process by which the budget for rescission must be made available for legislative proposal. The rescission proposal authority’s period of availability was estab- prudent obligation before the amounts ex- does not have the force of law: ‘‘[t]here is no lished, fundamentally ceding Congress’s pire, even where the 45-day period for con- provision in the Constitution that authorizes power of the purse to the President. gressional consideration in the ICA ap- the President to enact, to amend, or to re- This interpretation would contradict the proaches or spans the date on which the peal statutes.’’ Id. plain meaning of section 1012, which, by its funds would expire. terms, requires that amounts not rescinded Because bicameral passage by Congress is PRIOR OPINIONS necessary for the President’s proposal to be- through a rescission bill be made available We have previously considered situations for obligation. As previously discussed, this come law, no congressional action is nec- in which the President transmitted special essary to invalidate the President’s proposal. requirement that amounts be made available messages concerning amounts that were near for obligation already limits the time frame Without affirmative congressional action, their date of expiration. We have intimated the President’s proposal remains just that: a during which such amounts may be permis- that in such a situation, the President may sibly withheld; there is no need in section proposal. Our 1975 opinions intimate that, withhold the budget authority from obliga- under some circumstances, congressional in- 1012 for language that specifically prohibits tion for the duration of the 45-day period, amounts from being withheld beyond the end action on a rescission proposal can be tanta- and that Congress must take affirmative ac- mount to affirmative congressional action to of the fiscal year. tion to prevent the withheld funds from ex- In addition, the legislative history of the enact the rescission proposal. This interpre- piring. See, e.g., B–115398, Dec. 15, 1975. In ICA indicates that the distinctions between tation would, in effect, give the President some instances we have simply noted that section 1012 and section 1013, on which OMB power to amend or to repeal previously en- funds may expire, without stating whether relies, do not carry the implications that acted appropriations merely by calibrating the funds were properly withheld or report- OMB suggests. See 120 Cong. Rec. at 20,473 the timing of the submission of a special ing that they must be made available for ob- (statements of Sen. Ervin and Sen. McClel- message. This interpretation is clearly con- ligation. See, e.g., B–115398, Aug. 27, 1976. See lan) (discussing distinction between deferral trary to the Supreme Court’s rulings in also B–220532, Sept. 19, 1986 (reclassifying de- and rescission proposals). Unlike a rescission Chadha and Clinton. See 524 U.S. at 448–49; 462 ferral as rescission proposal, recognizing po- proposal, through which the President seeks U.S. at 951–58. Therefore, we overrule our tential for funds to expire before being able prior inconsistent opinions. the permanent cancellation of budget au- to be obligated for intended purpose). As we thority and may temporarily withhold explain below, in light of Supreme Court CONCLUSION amounts pending congressional consider- precedent and subsequent amendments to ation, the ultimate objective of a deferral the ICA, we overrule these prior opinions. The terms of the ICA are strictly limited. proposal is a temporary withholding only. In the President’s second special message They vest in the President limited authority Section 1013 was crafted to govern this tem- for fiscal year 1976, submitted on July 26, to propose a rescission of budget authority porary withholding of budget authority and, 1975, he included two rescission proposals of and to withhold such budget authority from thus, specifies that amounts may not be budget authority scheduled to expire on Sep- obligation for a limited time period during withheld beyond the end fiscal year. See id. tember 30, 1975. B–115398, Aug. 12, 1975. In our which Congress may avail itself of expedited In contrast, section 1012 limits withholding review of the special message, we stated that procedures to consider the proposal. How- to the prescribed 45-day period, absent these amounts would lapse nearly a month ever, the statutory text and legislative his- Congress’s completion of a bill rescinding before expiration of the 45-day period, B– tory of the ICA, Supreme Court case law, and the amounts proposed for rescission. Neither 115398, Aug. 12, 1975, and, in a subsequent re- the overarching constitutional framework of does section 1013(c), which provides that the port on the status of funds, confirmed the legislative and executive powers provide no provisions of section 1013 do not apply to re- amounts had in fact lapsed during the 45-day basis to construe the ICA as a mechanism by scission proposals submitted under section period, B–115398, Dec. 15, 1975. In our report which the President may, in effect, unilater- 1012, support OMB’s position that there is no on the status of the funds, we stated that ally shorten the availability of budget au- restriction on when the President may sub- ‘‘having to wait 45 days of continuous session thority by transmitting rescission proposals mit a rescission proposal. Rather, section before it can be determined that a proposed shortly before amounts are due to expire. 1013(c) was intended to clarify that any ac- rescission has been rejected is a major defi- To dedicate such broad authority to the tion that would seek the permanent can- ciency of the [ICA].’’ B–115398, Dec. 15, 1975. President would have required affirmative cellation of budget authority must be gov- We offered that Congress should have an af- congressional action in legislation, not con- erned by the more stringent provisions of firmative means within the Act to address gressional silence. See, e.g., B–303961, Dec. 6, section 1012. See id. (statement of Sen. Ervin) scenarios such as this, by, for example 2004 (declining to interpret a general ‘‘not- (‘‘Any action or proposal which results in a ‘‘changing the Act to allow a rescission reso- withstanding’’ clause to imply a waiver of permanent withholding of budget authority lution as is now allowed for deferrals, or the Antideficiency Act without indication must be proposed under section 1012. Section changing the Act to prevent funds from laps- that Congress intended to relinquish its 1013(c) specifically provides that section 1013 ing where the 45-day period has not expired.’’ ‘‘strongest means’’ to enforce its power of does not apply to cases to which section 1012 Id. We stated that with respect to the two re- the purse). To paraphrase the Supreme applies. Only temporary withholding may be scission proposals, ‘‘Congress was unable, Court, Congress does not alter the funda- proposed under section 1013 . . .’’). under the Act, to reject the rescission in mental details of its constitutional power of Through the ICA, Congress did not grant time to prevent the budget authority from the purse through vague terms or ancillary the President the extraordinarily broad re- lapsing.’’ Id. When the ICA was enacted, it provisions—‘‘it does not, one might say, hide scissions authority that OMB asserts. In- required deferred funds to be made available elephants in mouseholes.’’ See Whitman v. deed, the ICA grants the President no au- if either house of Congress passed an ‘‘im- American Trucking Ass’ns, 531 U.S. 457, 468 thority whatsoever to rescind funds. The Act poundment resolution’’ disapproving of the (2001) (declining to interpret a statute in a allows the President to transmit legislative deferral. Pub. L. No. 93–344, § 1013(b) (prior to manner inconsistent with its plain meaning). proposals for rescission to Congress, while 1987 amendment). In 1975, we suggested that A construction of the ICA that would permit granting the President authority to withhold Congress create an analogous process to en- the withholding of funds proposed for rescis- the funds for limited periods of time while able rejection of a rescission proposal. B– sion through their date of expiration would Congress considers the proposals. Congress 115398, Dec. 15, 1975. However, our statement be precisely this elephant. considered, and did not enact, language that predated INS v. Chadha, 462 U.S. 919, in which would have granted the President authority the Supreme Court held a one-house veto Though the ICA permits the President to to propose rescissions that would take per- provision to be unconstitutional because it withhold amounts from obligation under manent effect if Congress took no action. In- was an exercise of legislative power that cir- limited circumstances, the amounts are re- stead, as we discussed above, under the ICA cumvented the procedures of bicameralism scinded only if Congress takes affirmative only Congress may rescind budget authority. and presentment. The deferral provision in legislative action through the constitutional Under the Constitution, Congress enacts the ICA was later eliminated in the Balanced processes of bicameralism and presentment. laws, and the President must take care to Budget and Emergency Deficit Control Reaf- Therefore, amounts proposed for rescission faithfully execute the terms of those laws, firmation Act of 1987. Pub. L. No. 100–119, must be made available for prudent obliga- including appropriations acts. Within this title II, § 206. tion before the amounts expire, even where framework, Congress enacted the ICA, which Our 1975 opinions are based on the premise the 45-day period for congressional consider- granted the President strictly circumscribed that Congress could amend the ICA to pro- ation in the ICA approaches or spans the

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.016 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E105 date on which the funds would expire. We counter the tragic effects of child abuse and On September 27, House Budget Chairman overrule prior inconsistent GAO opinions. sexual exploitation since she founded Circle of John Yarmuth (KY–03) and House Appropria- Sincerely, Friends: Celebrating Life, Inc. in 1999. tions Chairwoman Nita Lowey (NY–17) sent a THOMAS H. ARMSTRONG, From the outset, Circle of Friends has col- letter to the Trump administration express- General Counsel. ing ‘‘serious concerns’’ that recent actions laborated with various stakeholders to f taken by the Office of Management and fundraise and create awareness about the Budget (OMB) constitute unlawful impound- 50TH ANNIVERSARY OF SAINT systemic issues that human trafficking pre- ments and are an abuse of the authority del- ELMO VILLAGE sents to communities across the country. egated to OMB to apportion appropriations. Under Lisa’s guidance, other programs were As part of the committees’ efforts to ensure HON. KAREN BASS established to further this goal, such as Living Congress maintains the power of the purse, Water for Women, Living Water for Girls and as established in the Constitution, the OF CALIFORNIA the Living Water Learning Resource Center. Chairs requested documents and answers re- IN THE HOUSE OF REPRESENTATIVES garding OMB’s involvement in the with- Through these channels, Lisa has focused on Wednesday, January 29, 2020 holding of foreign aid, including nearly $400 providing services that are based on proven million in crucial security assistance fund- Ms. BASS. Madam Speaker, on May 25, intervention and rehabilitative strategies, such ing for Ukraine. 2019, Saint Elmo Village celebrated 50 years as creating spaces for safe refuge, delivering The committees received a partial produc- as an artist colony that has worked to bring art therapeutic treatments, and facilitating edu- tion from OMB, however, OMB failed to meet into the everyday lives of young and old in the cational and career opportunities for victims of the committees’ deadlines and has not pro- vided the bulk of the documents. heart of Los Angeles. I congratulate all of the sex trafficking. past and present residents, teachers, neigh- For over twenty years, Lisa’s work has en- SUMMARY bors and supporters. I also commend its com- abled women and children to heal by way of After careful review of the materials pro- vided to the committees, the Chairs have be- munity of citizens for using their powers of an extensive network of support services. Her efforts will continue through the Circle of come more concerned that the apportion- creativity and artistic expression to create an ment process has been abused to undermine oasis of beauty in Mid-City. Friends Impact Legacy Scholarship Fund, a Congress’s constitutional power of the purse. Saint Elmo Village was founded in 1969 by dollar-for-dollar, matched endowment that is Specifically: painter Rozzell Sykes, once featured in Life administered by the Century Challenge at 1. The timeline of actions taken by OMB magazine, and his artist nephew Roderick Boston University. The Circle of Friends schol- (as seen in the provided apportionments, Sykes, who hoped to use a small group of arship fund will empower survivors of adverse which are legally binding documents) sug- bungalows in the 4800 block of St. Elmo Drive sexual experiences to pursue an education gest a pattern of abuse of the apportionment process, OMB’s authority, and current law. to enhance the neighborhood and to further and achieve self-sufficiency. Ms. Williams’s philanthropic endeavors have 2. OMB took the seemingly unprecedented their artistic visions. Their goals: to capitalize step of stripping career officials of their nor- on a thriving art scene in Southern California; undoubtedly served as a beacon of hope to mal role in the apportionment process and construct a space to nurture urban and African many. Madam Speaker, it is a pleasure to rec- instead vesting a political appointee with American artists; and to prove that everyone ognize the remarkable work that Lisa has pro- that authority. This is a troubling deviation has creative talents. duced in support of human trafficking victims. from long-standing procedures. The Village continued to gain prestige, with I ask all my distinguished colleagues to join 3. OMB’s actions may have hindered agen- cies’ ability to prudently obligate funds by the Sykes receiving numerous public art com- me in recognizing Lisa Williams for her distin- guished years of service. the end of the fiscal year in violation of the missions and international recognition for their Impoundment Control Act of 1974 (ICA), pos- work, specifically in painting and photography. f sibly creating backdoor rescissions. Soon enough, Saint Elmo welcomed resident PERSONAL EXPLANATION TIMELINE artists to expand the diversity and types of June 19, 2019: OMB asserts in our docu- pieces created at the Village. ments that they first inquired with the De- With creativity at its core, Saint Elmo Village HON. DOUG COLLINS partment of Defense about the Ukraine Secu- OF GEORGIA consistently emphasizes the inclusive aspects rity Assistance Initiative (USAI). of art-making. Now under the leadership of ex- IN THE HOUSE OF REPRESENTATIVES July 18, 2019: OMB admits in our docu- ecutive director Jacqueline Sykes, the organi- Wednesday, January 29, 2020 ments (and it has been reported) that they zation holds workshops and art showings tai- notified an interagency working group, Mr. COLLINS of Georgia. Madam Speaker, which included DoD and the State Depart- lored to the idea that all people can be cre- on Tuesday, January 28, 2020, I was absent ment, about an instruction to withhold all ative. from the vote series due to commitments in funds for Ukraine security assistance. Community engagement stands as a corner- my district. July 25, 2019 at 6:44pm ET: the first appor- stone of the Village’s mission. St. Elmo offers Had I been present, I would have voted tionment withholding $250 million in DoD a creative space for locals and hosts art class- NAY on Roll Call No. 25, NAY on Roll Call funding for USAI until August 5, 2019, is es, festivals, and numerous educational en- No. 26, and YEA on Roll Call No. 27. signed by an OMB career official. OMB con- firms in our documents that this is the first richment programs to spread love for art in the f Mid-City neighborhood. written apportionment action and states that USAI funds were not made available to Guided by a singular phrase, ‘‘Do What You WHY IMPOUNDMENT CONTROL ACT MATTERS DoD until September 12. Love—Love What You Do’’ Saint Elmo Village August 3, 2019: a letter apportionment has spent a half-century enriching Los Ange- signed by Michael Duffey (the OMB political SPEECH OF les. I congratulate Saint Elmo Village on its appointee) withholds State/USAID foreign host of accolades, and I look forward to an- HON. JOHN A. YARMUTH aid, including $26.5 million in Foreign Mili- other half century of memorable milestones. OF KENTUCKY tary Financing (FMF) funding from the FY18 appropriations act for assistance to Ukraine. f IN THE HOUSE OF REPRESENTATIVES The apportionment responsibility for these RECOGNIZING LISA WILLIAMS OF Tuesday, January 28, 2020 accounts is not returned to the career offi- COLLEYVILLE, TEXAS FOR HER Mr. YARMUTH. Madam Speaker, I include cial for the remainder of the fiscal year. August 6, 2019 at 2:22pm ET: Michael OUTSTANDING WORK in the RECORD the December 2019 House Duffey (the OMB political appointee) signs Budget Committee report outlining the timeline an apportionment withholding the DoD fund- HON. KENNY MARCHANT of actions taken by the Office of Management ing for USAI until August 12, 2019. The ap- OF TEXAS and Budget (OMB), the seemingly unprece- portionment responsibility for this account IN THE HOUSE OF REPRESENTATIVES dented step of stripping career officials of their is not returned to the career official for the normal role in the apportionment process, and remainder of the fiscal year. Wednesday, January 29, 2020 how the OMB’s actions hindered agencies’ August 9, 2019: The House (majority) and Mr. MARCHANT. Madam Speaker, I rise ability to obligate funds by the end of the fiscal Senate (minority) Appropriations Commit- tees write to OMB and the White House today to recognize Lisa Williams for her tire- year. I am submitting this in the RECORD to warning the Trump administration that the less devotion to helping victims of human traf- help inform the public of the Administration’s August 3 letter apportionment for State/ ficking overcome the many challenges they systematic disregard of Congress’ constitu- USAID foreign aid may constitute an illegal face. As a distinguished leader in the non- tional authority, separation of powers prin- impoundment of funds and urging the admin- profit community, Lisa has been working to ciples, and the Impoundment Control Act. istration to adhere to the law and obligate

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.016 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E106 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 the withheld funding. Duffey signs another CONGRATULATING LIZ PAUGH ON mendation with Valor, the Good Conduct letter apportionment for State/USAID for- HER RETIREMENT Medal, the Combat Infantryman Badge, and eign aid, continuing to withhold the funding he received a Citation for Valor on September withheld by the August 3 Letter by releasing HON. DANIEL MEUSER 27, 1968. Mr. Lyall’s courageous and valorous only about 2% of funds each day, preventing service in the name of freedom is truly honor- the normal spending of these funds. (DoD OF PENNSYLVANIA able. USAI funds continue to be withheld.) IN THE HOUSE OF REPRESENTATIVES Following his departure from the military, August 19, 2019: The House (majority) and Wednesday, January 29, 2020 Jim became a tireless servant for the veterans Senate (minority) Budget Committees write Mr. MEUSER. Madam Speaker, it is with of northeastern Oklahoma. Currently, he to OMB and the White House urging the ad- great respect and appreciation that I rise today serves as the Veterans Outreach Coordinator ministration to respect Congress’s constitu- for the Community Food Bank of Eastern tional authority and to comply with appro- to honor Liz Paugh of Lebanon, who is retiring priations law and the ICA, in particular as it from the United States Department of Vet- Oklahoma, ensuring that those who have applies to the State/USAID foreign aid with- erans Affairs after serving our nation’s incred- served our country have access to meals. Mr. held by Duffey. ible veterans for over 30 years. Lyall also currently sits on the Board of Direc- Ms. Paugh began her career on December tors for the Coffee Bunker, a Tulsa non-profit, August 29, 2019: Duffey signs another letter apportionment for the State/USAID foreign 11, 1989 at the Lebanon VA Medical Center in that seeks to meet veterans ‘‘where they are’’ aid, continuing to withhold remaining fund- the Nutrition and Food Service Department. and help them transition to family and commu- ing previously withheld by the August 3 and While serving in this role, she took great care nity life following their service. August 9 letters by releasing 25% of the to ensure Veterans meals fit of their diet and Before his retirement in 2017, Jim served at funds each Sunday between September 1 and any medical needs. After, she was promoted the Community Service Council beginning in September 22, preventing the normal spend- to oversee Ingredient Control at the Lebanon 1980, retiring as the Associate Director. Mr. ing of these funds. (DoD USAI funds continue VA. 20 years after her career began at the Lyall helped spearhead many of the programs to be withheld.) Lebanon VA, she accepted a position in Net- that help to make the Community Service September 11, 2019: A letter was sent to work Contracting Office 4 as a Purchasing Council a premier service organization in Congress (dated September 11, 2019) by the Agent where she continued to support the Oklahoma and, in spite of his retirement, re- State Department notifying the agency’s in- Lebanon VA in a different capacity, through mains active with the Council. He currently tent to obligate the $141.5 million in FMF administrative contracting support. Throughout serves as a Resource Member for the Com- funding for Ukraine. Following notification, her long and distinguished career, Ms. Paugh munity Service Council and is active in their the funds were held for an additional period faithfully provided heartfelt service to our Vet- Oklahoma Veteran Alliance program. before being released by OMB on September erans. Jim Lyall lives a life of unmatched dedica- 27 ($115 million from the FY19 appropriations Although she is culminating an impressive tion, sacrifice, and service to our great nation. act) and September 30 ($26.5 million from the FY18 appropriations act) through apportion- and impactful career, I am confident that as He answered the call to defend freedom ments also signed by Duffey. she begins this new chapter, she will continue across the globe and sacrificed whatever was to be a positive influence and a dedicated necessary in the name of that noble cause. September 12, 2019: Subsequent actions by member of our great community. He continues to serve our country, community, Duffey extended the DoD USAI withholding until September 12. On behalf of the U.S. House of Representa- and his fellow veterans at a high level on a tives and the citizens of Pennsylvania’s Ninth daily basis. It is my honor to recognize Jim September 18, 2019: The House Budget and Congressional District, I ask my colleagues to Lyall as the 1st Congressional District of Okla- Appropriations Committees write to OMB join me in congratulating Ms. Paugh on her re- homa’s January Veteran of the Month. expressing concerns over the agency’s abuse tirement and thank her for her many years of of its apportionment authorities and ques- f dedicated service to our Veterans and our tions its compliance with the Antideficiency WHY IMPOUNDMENT CONTROL ACT Act and the Impoundment Control Act of great nation. 1974. f MATTERS

September 27, 2019: The House Budget and PERSONAL EXPLANATION SPEECH OF Appropriations Committees write to OMB re- questing answers and documents related to HON. JOHN A. YARMUTH the withholding of Ukraine aid, State and HON. JEFFERSON VAN DREW OF KENTUCKY OF NEW JERSEY USAID funds, and possible abuses of the ap- IN THE HOUSE OF REPRESENTATIVES portionment process. IN THE HOUSE OF REPRESENTATIVES Tuesday, January 28, 2020 September 30, 2019: The fiscal year ends. Wednesday, January 29, 2020 Preliminary and public reporting from State Mr. YARMUTH. Madam Speaker, I include and USAID indicates that significant Mr. VAN DREW. Madam Speaker, I was not in the RECORD the letter to the Office of Man- amounts of the withheld FMF funding were present for the only vote series on January 28, agement and Budget questioning the Trump not obligated before that deadline. Addition- 2020. Administration for declaring bogus national ally, a portion of the $250 million DoD USAI Had I been present, I would have voted emergencies to usurp funds Congress appro- funding was not obligated. The 2019 Con- NAY on Roll Call No. 25, Previous Question priated for military construction and counter- tinuing Resolution (P.L. 116–59) extended the on H. Res. 811; NAY on Roll Call No. 26, H. narcotic initiatives to use for the President’s deadline to obligate any and all of the re- Res. 811; and YEA on Roll Call No. 27, H.R. border wall. I am submitting this in the maining USAI funding by a full year; pre- 4331. liminary and public reporting from DoD indi- RECORD to help inform the public of the Ad- f cates that amount totaled $35.2 million. ministration’s systematic disregard of Con- HONORING JIM LYALL gress’ constitutional authority, separation of NEXT STEPS powers principles, and the lmpoundment Con- Although the committees only received a HON. KEVIN HERN trol Act. partial production of the requested mate- MARCH 8, 2019. OF OKLAHOMA rials, OMB’s responses and documentation to The Hon. RUSSELL VOUGHT, date confirm that the apportionment process IN THE HOUSE OF REPRESENTATIVES Acting Director, has been misused to withhold Congression- Wednesday, January 29, 2020 Office of Management and Budget. ally enacted appropriations. Increased trans- DEAR ACTING DIRECTOR VOUGHT: The Presi- parency and accountability for the appor- Mr. KEVIN HERN of Oklahoma. Madam dent’s announcement to spend up to $6.725 tionment process would serve both Congress Speaker, I rise to honor the First District of billion in additional funding for construction and the public. Oklahoma’s January Veteran of the Month, of a border wall or barrier came at the end of Jim Lyall. bipartisan negotiations on an agreed-to fund- As the committees consider legislative A sergeant in the United States Army, Mr. ing level of $1.375 billion for Fiscal Year (FY) proposals and reforms to rein in OMB’s abuse 2019 for border security. The executive action of its apportionment responsibilities (espe- Lyall honorably served our country in the Viet- plan further specified that the $6.725 billion cially in the context of the Impoundment nam conflict. Throughout his time in the mili- would be used sequentially as follows: $601 Control Act of 1974 and the annual appropria- tary, Mr. Lyall earned the National Defense million from the Treasury Forfeiture Fund, tions acts), these findings—and the pending Service Medal, the Vietnam Campaign Medal, up to $2.5 billion under the Department of document requests—are key. the Vietnam Service Medal, an Army Com- Defense funds transferred for Support for

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.020 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E107 Counterdrug Activities (10 U.S.C. § 284), and 6. All documents relating to any spend Chairwoman, House up to $3.6 billion reallocated from Depart- plan for any appropriation account affected Appropriations Com- ment of Defense military construction or relevant to the President’s executive ac- mittee. projects under the President’s declaration of tion plan to use up to $6.725 billion to build LUCILLE ROYBAL-ALLARD, a national emergency (10 U.S.C. § 2808). How- a border wall, including documents ex- Chairwoman, House ever, important budgetary details of the plan changed between or among OMB and the De- Appropriations Com- have not yet been provided, including the partment of Defense, the Department of mittee Subcommittee specific funding sources and additional au- Homeland Security, or the Department of on Homeland Secu- thorities that would be used and the pro- the Treasury. rity. grams, projects, and activities from which 7. All documents relating to each appor- RESPONDING TO COMMITTEE DOCUMENT funds would be diverted. tionment and reapportionment for FY 2019, REQUESTS As the Article I branch, it is essential that including department or agency requests to In responding to the document request, Congress remains at the center of funding OMB, for each affected or relevant TAFS re- please apply the instructions and definitions decisions, especially decisions that Congress lated to the President’s executive action set forth below: has spent considerable time debating and ne- plan. This also includes all apportionment INSTRUCTIONS gotiating. We have significant concerns with and reapportionment documentation for any the Administration’s plan, and we are frus- TAFS from which funds would be contrib- 1. In complying with this request, you trated by the lack of transparency from the uted, to which funds would be contributed, should produce all responsive documents in Administration. Congress should receive ade- from which transfers would be made, to unredacted form that are in your possession, quate information to consider the use of the which transfers would be made, in which custody, or control or otherwise available to $6.725 billion referenced in the President’s transfers or reprogrammings would occur, or you, regardless of whether the documents executive action plan. The executive action that is otherwise relevant in tallying (a) the are possessed directly by you. plan also needs to be considered in the con- ‘‘$601 million’’ amount described by the Ad- 2. Documents responsive to the request text of fast-approaching deadlines for a ministration from the TFF; (b) the ‘‘up to should not be destroyed, modified, removed, budget resolution and decisions about the $2.5 billion’’ amount described by the Admin- transferred, or otherwise made inaccessible discretionary cap levels for the appropria- istration pursuant to 10 U.S.C. 284; and (c) to the Committees. tions process, as well as for Article I equities the ‘‘up to $3.6 billion’’ amount described by 3. In the event that any entity, organiza- more broadly. To that end, we request that the Administration pursuant to 10 U.S.C. tion, or individual named in the request has you provide the following documents and in- 2808. been, or is currently, known by any other name, the request should be read also to in- formation: 8. All documents relating to the legal or clude such other names under that alter- 1. All documents prepared for or relating programmatic basis upon which OMB appor- native identification. to meetings about or decisions by the Office tions or reapportions any TAFS to carry out 4. Each document should be produced in a of Management and Budget (OMB) Director, the President’s executive action plan, in- form that may be copied by standard copying Acting Director, Deputy Director, Associate cluding any Administration legal opinion(s) Director(s), Deputy Associate Director(s), or machines. prepared in whole or in part by, or in con- 5. When you produce documents, you any other OMB or White House official or sultation with, OMB, the Department of De- staff concerning the President’s executive should identify the paragraph(s) and/or fense, the Department of Homeland Security, clause(s) in the Committees’ request to action plan to use up to $6.725 billion to build the Department of the Treasury, the Depart- a border wall, including statements of con- which the document responds. ment of Justice, the National Security Coun- 6. Documents produced pursuant to this re- clusions and background materials, received cil, or the White House Counsel’s Office. or produced by OMB in relation to inter- quest should be produced in the order in 9. All documents relating to the potential, which they appear in your files and should agency meetings or discussions relating to planned, or completed obligations or outlays the President’s executive action plan. not be rearranged. Any documents that are incurred for each appropriation and TAFS or stapled, clipped, or otherwise fastened to- 2. All documents relating to the budgetary any other budget execution steps to carry details of the President’s executive action gether should not be separated. Documents out the President’s executive action plan or produced in response to this request should plan to use up to $6.725 billion to build a bor- in anticipation of potential use related to der wall, including information on all af- be produced together with copies of file la- the plan. bels, dividers, or identifying markers with fected appropriations and Treasury Appro- 10. All other documents relating to the priation Fund Symbols (TAFS) by fiscal year which they were associated when this re- President’s executive action plan, including quest was issued. Indicate the office or divi- and by program, project, or activity. documents relating to (a) the Department of 3. All documents since January 20, 2017 re- sion and person from whose files each docu- Homeland Security’s identification of prior- lating to any OMB Budget Data Request or ment was produced. ities for potential construction of a border any other OMB request to agencies to iden- 7. Each folder and box should be numbered, wall and the relation to supporting the use tify funding available to build a border wall and a description of the contents of each of the armed forces, in accordance with 10 or to otherwise fund border security or folder and box, including the paragraph(s) U.S.C. 2808; (b) the Department of Homeland counterdrug activities at the border. and/or clause(s) of the request to which the Security’s request of support from the De- 4. All documents relating to the author- documents are responsive, should be pro- partment of Defense pursuant to 10 U.S.C. 284 ized, planned, or intended use of the $6.725 vided in an accompanying index. and any response from the Department of billion prior to any consideration or deter- 8. Responsive documents must be produced Defense; and (c) any contractual awards or mination that such amounts may be used in- regardless of whether any other person or en- modifications or any other changes to con- stead to build a border wall, including all tity possesses non-identical or identical cop- tracting to carry out the President’s execu- documents relating to: ies of the same document. a. The authorized, planned, or intended use tive action plan. 9. The Committees request electronic docu- of the ‘‘first tranche’’ of approximately $242 While the President has issued a national ments in addition to paper productions. If million to be expended under the Treasury emergency proclamation, our committees any of the requested information is available Forfeiture Fund (TFF); are still responsible for performing their in machine-readable or electronic form (such b. The authorized, planned, or intended use constitutional oversight responsibilities. As as on a computer server, hard drive, CD, of the ‘‘second tranche’’ of approximately such, given the speed with which we believe DVD, back up tape, or removable computer $359 million to be expended under the TFF; the Administration may be acting in re- media such as thumb drives, flash drives, c. The authorized, planned, or intended use sponse to the emergency proclamation, we memory cards, and external hard drives), of the approximately $2.5 billion under the request that you produce the requested docu- you should immediately consult with Com- Department of Defense funds transferred for ments and information no later than March mittees’ staff to determine the appropriate Support for Counterdrug Activities under 10 22, 2019. format in which to produce the information. U.S.C. § 284; We appreciate your time and attention to Documents produced in electronic format d. The authorized, planned, or intended use this urgent matter. should be organized, identified, and indexed of the approximately $3.6 billion reallocated Sincerely, electronically in a manner comparable to from the Department of Defense military JOHN YARMUTH, the organizational structure called for construction projects under the President’s Chairman, House Com- above. declaration of a national emergency pursu- mittee on the Budg- 10. If any document responsive to this re- ant to 10 U.S.C. § 2808. et. quest was, but no longer is, in your posses- 5. Any documents, including any guidance MIKE QUIGLEY, sion, custody, or control, or has been placed or instructions to agencies, relating to the Chairman, House Ap- into the possession, custody, or control of de-obligation of funds, delay in obligation or propriations Com- any third party and cannot be provided in re- expenditure, or any other change in the rate mittee, Subcommittee sponse to this request, you should identify of obligation and expenditure involving the on Financial Serv- the document (stating its date, author, sub- potential or planned use of such funds to ices and General ject and recipients) and explain the cir- carry out the President’s executive action Government. cumstances under which the document plan. NITA M. LOWEY, ceased to be in your possession, custody, or

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.024 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E108 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 control, or was placed in the possession, cus- cluding, but not limited to, the deliberative- a border wall announced by the Administra- tody, or control of a third party. process privilege, the attorney-client privi- tion involving up to approximately $6.725 bil- 11. If any document responsive to this re- lege, and attorney work product protections; lion that would be used sequentially as fol- quest was, but no longer is, in your posses- any purported privileges or protections from lows: $601 million from the Treasury For- sion, custody or control, state: disclosure under the Freedom of Information feiture Fund, up to $2.5 billion under the De- a. how the document was disposed of; Act; or any purported contractual privileges, partment of Defense funds transferred for b. the name, current address, and tele- such as non-disclosure agreements. Support for Counterdrug Activities (10 U.S.C. phone number of the person who currently (c) Any assertion by a request recipient of § 284), and up to $3.6 billion reallocated from has possession, custody or control over the any such non-constitutional legal bases for Department of Defense military construc- document; withholding documents or other materials, tion projects under the President’s declara- c. the date of disposition; shall be of no legal force and effect and shall tion of a national emergency (10 U.S.C. d. the name, current address, and tele- not provide a justification for such with- § 2808). phone number of each person who authorized holding or refusal, unless and only to the ex- 6. The term ‘‘Administration’’ means and said disposition or who had or has knowledge tent that the Committees (or the chairs of refers to any department, agency, division, of said disposition. the Committees, if authorized) has consented office, subdivision, entity, official, adminis- 12. If any document responsive to this re- to recognize the assertion as valid. trator, employee, attorney, agent, advisor, quest cannot be located, describe with par- 18. If the request cannot be complied with consultant, staff, or any other person acting ticularity the efforts made to locate the doc- in full, it should be complied with to the ex- on behalf or under the control or direction of ument and the specific reason for its dis- tent possible, which should include an expla- the Executive Branch. appearance, destruction or unavailability. nation of why full compliance is not possible. 7. ‘‘You’’ or ‘‘your’’ means and refers to 13. If a date or other descriptive detail set 19. Upon completion of the document pro- you as a natural person and the United forth in this request referring to a document, duction, you should submit a written certifi- States and any of its agencies, offices, sub- communication, meeting, or other event is cation, signed by you or your counsel, stat- divisions, entities, officials, administrators, inaccurate, but the actual date or other de- ing that: (1) a diligent search has been com- employees, attorneys, agents, advisors, con- scriptive detail is known to you or is other- pleted of all documents in your possession, sultants, staff, contractors, or any other per- wise apparent from the context of the re- custody, or control which reasonably could sons acting on your behalf or under your quest, you should produce all documents contain responsive documents; and (2) all control or direction; and includes any other which would be responsive as if the date or documents located during the search that person(s) defined in the document request other descriptive detail were correct. are responsive have been produced to the letter. 14. The request is continuing in nature and Committees or identified in a privilege log applies to any newly discovered document, provided to the Committees. f regardless of the date of its creation. Any DEFINITIONS PERSONAL EXPLANATION document not produced because it has not 1. The term ‘‘document’’ means any writ- been located or discovered by the return date ten, recorded, or graphic matter of any na- should be produced immediately upon loca- ture whatsoever, regardless of how recorded, HON. F. JAMES SENSENBRENNER, JR. tion or discovery subsequent thereto. and whether original or copy, including but OF WISCONSIN 15. All documents should be Bates-stamped not limited to, the following: memoranda, IN THE HOUSE OF REPRESENTATIVES sequentially and produced sequentially. In a reports, expense reports, books, manuals, in- cover letter to accompany your response, structions, financial reports, working papers, Wednesday, January 29, 2020 you should include a total page count for the records, notes, letters, notices, confirma- Mr. SENSENBRENNER. Madam Speaker, entire production, including both hard copy tions, telegrams, receipts, appraisals, pam- and electronic documents. phlets, magazines, newspapers, prospectuses, due to a previously scheduled engagement, I 16. Four sets of documents should be deliv- interoffice and intra-office communications, was physically absent from the House of Rep- ered, one set to the majority staff and one electronic mail (‘‘e-mail’’), instant messages, resentatives on January 27, 2020. On that set to the minority staff. The Committee on calendars, contracts, cables, notations of any day, I missed 2 recorded votes. Had I been the Budget majority set should be delivered type of conversation, telephone call, meeting present, I would have voted as follows: on Roll to the majority staff in * * *, and the Com- or other communication, bulletins, printed Call No. 23 on the Passage of H.R. 943, I mittee on the Budget minority set should be matter, computer printouts, invoices, tran- delivered to the minority staff in * * *. The would have voted Yea, and on Roll Call No. scripts, diaries, analyses, returns, sum- 24 on the Passage of H.R. 4704, I would have Appropriations Committee majority set maries, minutes, bills, accounts, estimates, should be delivered to the majority staff in projections, comparisons, messages, cor- voted Yea. * * *, and the Appropriations Committee mi- respondence, press releases, circulars, finan- f nority set should be delivered to the minor- cial statements, reviews, opinions, offers, ity staff in * * *. You should consult with studies and investigations, questionnaires HONORING THE SERVICE OF CHIEF Committee staff regarding the method of de- and surveys, power point presentations, WARRANT OFFICER DOUGLAS livery prior to sending any materials. spreadsheets, and work sheets. The term ENGLEN 17. In the event that a responsive docu- ‘‘document’’ includes all drafts, preliminary ment is withheld on any basis, including a versions, alterations, modifications, revi- claim of privilege, you should provide a log sions, changes, and amendments to the fore- HON. MARK E. GREEN containing the following information con- going, as well as any attachments or appen- OF TENNESSEE cerning every such document: (a) the reason dices thereto. IN THE HOUSE OF REPRESENTATIVES the document is not being produced; (b) the 2. The terms ‘‘and’’ and ‘‘or’’ should be con- type of document; (c) the general subject strued broadly and either conjunctively or Wednesday, January 29, 2020 matter; (d) the date, author and addressee; disjunctively as necessary to bring within Mr. GREEN of Tennessee. Madam Speak- (e) the relationship of the author and ad- the scope of this request any information er, I rise today to recognize Chief Warrant Of- dressee to each other; and (f) any other de- which might otherwise be construed to be scription necessary to identify the document ficer Douglas Englen for his distinguished ca- outside its scope. The singular includes the reer in service to this nation. and to explain the basis for not producing plural number, and vice versa. The mas- the document. If a claimed privilege applies culine includes the feminine and neuter gen- Over the course of more than three decades to only a portion of any document, that por- ders. in the United States Army, Chief Douglas tion only should be withheld and the remain- 3. The terms ‘‘referring’’ or ‘‘relating,’’ Englen has demonstrated exceptional skill, un- der of the document should be produced. As with respect to any given subject, mean any- wavering bravery, and valor in defense of free- used herein, ‘‘claim of privilege’’ includes, thing that constitutes, contains, embodies, dom. As a helicopter pilot with the 160th Spe- but is not limited to, any claim that a docu- reflects, identifies, states, refers to, deals cial Operations Aviation Regiment, the elite ment either may or must be withheld from with, or is in any manner whatsoever perti- unit tasked with helicopter support of special production pursuant to any statute, rule, or nent to that subject. regulation. 4. The term ‘‘border wall’’ means a contig- operations forces, Chief Englen has flown over (a) Any objections or claims of privilege uous, physical wall or other similarly secure, 2,500 combat missions in every major U.S. are waived if you fail to provide an expla- contiguous, and impassable physical barrier conflict since Operation Desert Storm. nation of why full compliance is not possible along the contiguous land border between Chief Englen’s intrepid leadership played a and a log identifying with specificity the the United States and Mexico, including all crucial role in many key engagements and op- ground(s) for withholding each withheld doc- points of entry, including the wall described erations, most notably Operation Neptune ument prior to the request compliance date. in Executive Order 13767 (Jan. 25, 2017) and Spear. Englen served first as one of four key (b) In complying with the request, be ap- the Administration Fact Sheet entitled prised that (unless otherwise determined by ‘‘President Donald J. Trump’s Border Secu- planners for this daring nighttime raid to take the Committees) the Committees do not rec- rity Victory.’’ out Osama bin Laden, America’s most wanted ognize: any purported non-disclosure privi- 5. The term ‘‘President’s executive action terrorist. During the mission, he served as the leges associated with the common law in- plan’’ means and refers to the plan to build flight lead for the strike force, for which he

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JA8.025 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS January 29, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E109 was awarded his second Silver Star—the U.S. address specific acts that undermine the secu- 2(c) of EO–2 of which directed that entry of military’s third-highest combat decoration. rity or public safety of the United States or of nationals from six of the seven countries des- Englen’s adept piloting through mountainous human rights or of democratic processes or in- ignated in EO–1 be suspended for 90 days terrain enabled the strike force to approach stitutions or endangers international stability. from the effective date of the order, citing a bin Laden’s compound undetected and take These permissible uses of Section 212(f) need for time to establish adequate standards out the man responsible for the deadliest ter- have been employed by previous Democratic to prevent infiltration by foreign terrorists. rorist attack in human history. and Republican presidents. Section 6(a) of that executive order directed Englen’s exploits in defense of the country The No Ban Act requires specific evidence that applications for refugee status and travel have resulted in his admittance into the Army supporting the use of Section 212(f), including of refugees into the United States under the Aviation Association of America Aviation Hall evidence that is connected with the duration of United States Refugee Admissions Program of Fame—an honor he shares with accom- the suspension or restriction and requires that (USRAP) be suspended for 120 days from the plished Army Aviators, including his fellow the suspension or restriction must be narrowly effective date ‘‘to review the adequacy of Night Stalker Michael Durant and numerous tailored to address a compelling governmental USRAP application and adjudication proce- Medal of Honor recipients. Prior to retirement, interest, using the least restrictive means pos- dures’’ and section 6(b) suspended the entry Mr. Englen was noteworthy for being the most sible. of any individual under USRAP once 50,000 decorated Army Aviator on active duty. Doug Waivers for class-based restrictions and refugees have entered the United States in fis- Englen is a hero to heroes. suspensions must be considered and the bill cal year 2017. It is altogether fitting that we honor Chief provides that there is a rebuttable presumption On June 14, just before Section 2(c) of EO– Englen as he concludes a remarkable career in favor of family-based and humanitarian 2 was by its terms set to expire, President marked by his steadfast commitment to duty waivers. Trump issued a memorandum to Executive The bill repeals the unilateral executive ac- and country. He leaves the 160th SOAR with Branch officials declaring the effective date of tions and three Muslim ban executive orders two Silver Stars, one Distinguished Service each enjoined provision of EO–2 to be the and presidential proclamations that have Medal, three Distinguished Flying Crosses, date on which the injunctions in these cases harmed the Muslim American community and two Legions of Merit, two Bronze Stars, and ‘‘are lifted or stayed with respect to that provi- damaged our standing in the world. sion.’’ The government sought review in both eight Air Medals. On behalf of the United I also approve the legislation’s repeal of the cases, making arguments both on the merits States Congress, I wish to commend Chief Trump executive order that instituted extreme Englen for his faithful service to our nation, of the cases and on procedural issues. vetting for refugees, as well as an asylum On September 24, 2017, the President and I congratulate him on the occasion of his presidential proclamation that abused the Sec- retirement from the United States Army. issued a Proclamation restricting travel to the tion 212(f) authority. United States by citizens from eight countries, f Another salutary aspect of the bill is that it which along with the previous executive orders ensures there will be congressional consulta- SUPPORT FOR NO BAN ACT AND was struck down by the Ninth Circuit before tion and periodic reporting for any future use PREVENTING FUTURE DISCRIMI- the United States Supreme Court granted cer- of Section 212(f) to ensure that Congress has NATORY BANS tiorari and reversed the lower court by the nar- data on visa applications and refugee admis- row 5-4 margin. sions to conduct critical oversight. Let me share a story of how the President’s HON. SHEILA JACKSON LEE If a briefing is not provided within 48 hours Muslim Ban affects people in real life, living in OF TEXAS and updated every 30 days thereafter, the the real world, one of whom lived in my con- IN THE HOUSE OF REPRESENTATIVES emergency suspension or action will terminate gressional district. Wednesday, January 29, 2020 absent congressional action. A few days after the first Muslim Ban was Finally, the No Ban Act requires backward- issued on January 27, 2017, I got a call to go Ms. JACKSON LEE. Madam Speaker, let looking reporting on how each of the executive to the George Bush Intercontinental Airport in me offer my appreciation and thanks to Con- orders and presidential proclamations was im- gresswoman TLAIB of Michigan for anchoring my district. plemented to ensure a complete reckoning. ICE had detained a Katy High School stu- an important special order on the National Ori- Given the harm created by the Muslim Ban dent from Jordan following President Trump’s gin-Based Antidiscrimination for Non- upheld by the Supreme Court in its 5–4 deci- immigration ban. immigrants Act or ‘‘No Ban Act,’’ legislation sion in Trump v. Hawaii, 585 U.S. ——, No. which terminates the Trump Administration’s His name was Mohammad Abu Khadra. 17–965 (June 26, 2018), is it any wonder that He was detained in Houston at the airport so-called Muslim Ban and prevents future dis- the NO BAN Act enjoys broad support from criminatory bans. and then spirited away to Chicago when he nearly 400 civil rights, faith-based, and com- returned from his native country a day after As a senior member of the committees on munity organizations, as well as the legal the Judiciary and on Homeland Security, and President Donald Trump issued his immigra- community, the ACLU, the National Immigra- tion ban. the vice-Chair of Congressional Progressive tion Law Center, the NAACP, the Leadership Caucus, and the Chair of the Congressional He was an innocent child who had gone Conference on Civil and Human Rights, home to renew the documents that allowed Pakistan Caucus and the Congressional Nige- Church World Service, Amnesty International, ria Caucus, I am proud to support the No Ban him to be in America. and the International Refugee Assistance They had expired after he spent a few Act because it broadens Section 202(a) of the Project. months living in the United States with his Immigrant and Nationality Act to include a It is useful to review how we got to this older brother. nondiscrimination provision which includes point. Mohammad Abu Khadra was just a young protection from religious discrimination and ap- During the 2016 presidential campaign, man who wanted to come to the United plies to all individuals traveling to the United then-candidate Donald Trump pledged at a States, as many others do. States. political rally in Mount Pleasant, South Caro- The teenager looked every bit the part of an Specifically, the No Ban Act ensures that lina that, if elected, he would ban Muslims increasingly diverse America, with hair cut this nondiscrimination provision applies to non- from entering the United States and was ‘‘call- stylishly short on the sides and long on top, immigrant visas, entry into the United States, ing for a total and complete shutdown of Mus- wearing a slim-fitting shirt, buttoned up to the or the approval or revocation of any immigra- lims entering the United States.’’ collar, with rolled-up jeans and a big, blue tion benefit. On January 27, 2017, as President, Trump wristwatch. The legislation mandates that restrictions or signed Executive Order No. 13,769 (EO–1), His 37-year-old brother had lived in America suspensions entry must be supported by reli- which, among other things, suspended entry for five years at the time. able and compelling evidence and that it is tai- for 90 days of foreign nationals from seven Mohammad had been taking courses in lored to the specified purpose and requires the countries identified by Congress or the Execu- English as a second language. consultation and input of the Secretary of tive as presenting heightened terrorism-related When Mohammad came to Texas on a tour- State and Secretary of Homeland Security risks, which was immediately challenged and ist visa a few months prior, he had no trouble when suspending or restricting entry under enjoined nationwide by a federal district court. and had the documents required. Section 212(f). Rather than continuing to litigate the matter, When he returned to renew his paperwork, The No Ban Act preserves the President’s the government announced that it would re- he was doing exactly what was required of ability to use this authority when the Secretary voke that order and issue a new one. him. of State determines, based on credible facts, On March 6, 2017, President Trump issued Landing back again in Houston, however, that entry should be suspended or restricted to Executive Order No. 13,780 (EO–2), section Mohammad had been swept up needlessly in

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29JA8.028 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E110 CONGRESSIONAL RECORD — Extensions of Remarks January 29, 2020 Trump’s ban which does not even include Jor- SENATE COMMITTEE MEETINGS FEBRUARY 5 dan, a longtime ally of the United States. Title IV of Senate Resolution 4, 9:30 a.m. They pulled him aside and kept asking him, agreed to by the Senate of February 4, Committee on Veterans’ Affairs ‘‘What are you doing? Where are you going? 1977, calls for establishment of a sys- To hold hearings to examine the VA What is your business?’’ tem for a computerized schedule of all MISSION Act, focusing on the imple- meetings and hearings of Senate com- mentation of the Community Care Net- The questions continued for a scared young work. boy thousands of miles away from home with- mittees, subcommittees, joint commit- tees, and committees of conference. SR–418 out counsel. Commission on Security and Cooperation This title requires all such committees Mohammad told the truth about what he in Europe to notify the Office of the Senate Daily To hold hearings to examine the power was doing while in the States. Digest—designated by the Rules Com- At some point during the questioning, Mo- and purpose of parliamentary diplo- mittee—of the time, place and purpose macy, focusing on inter-parliamentary hammad told authorities that he was enrolled of the meetings, when scheduled and initiatives and the United States con- in school. any cancellations or changes in the tribution. Enrolling in public school is a violation of his meetings as they occur. CHOB–210 visa, but we do not ask students their status As an additional procedure along 10 a.m. in the school system in Harris County. with the computerization of this infor- Committee on Commerce, Science, and He was taking only ESL courses—some- mation, the Office of the Senate Daily Transportation thing he perhaps had not been able to explain. Digest will prepare this information for To hold hearings to examine athlete safe- printing in the Extensions of Remarks ty and the integrity of U.S. Sport. Authorities held Mohammdad, questioned section of the CONGRESSIONAL RECORD SH–216 him without counsel and then sent him to Chi- on Monday and Wednesday of each Committee on Environment and Public cago to a detention center for an undeter- week. Works mined amount of time. Meetings scheduled for Thursday, To hold an oversight hearing to examine This is a 16-year-old boy, and this should January 30, 2020 may be found in the the Fish and Wildlife Service. not have happened to him. Daily Digest of today’s RECORD. SD–406 He was a minor, the case moved from the Committee on Finance To hold hearings to examine the nomina- Department of Homeland Security to Health MEETINGS SCHEDULED tions of Kipp Kranbuhl, of Ohio, to be and Human Services, which eventually re- FEBRUARY 4 an Assistant Secretary of the Treasury, leased him. 10 a.m. Sarah C. Arbes, of Virginia, to be an The Muslim Ban was the first separation of Committee on Commerce, Science, and Assistant Secretary of Health and children from their families and turned out be Transportation Human Services, and Jason J. a harbinger of the cruelties and inhumanities Subcommittee on Transportation and Safe- Fichtner, of the District of Columbia, ty to be a Member of the Social Security to come. To hold hearings to examine stakeholder Advisory Board. That is why we need to pass H.R. 2214, the perspectives on trucking in America. SD–215 No Ban Act. SH–216

VerDate Sep 11 2014 07:00 Jan 30, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A29JA8.030 E29JAPT1 SSpencer on DSKBBXCHB2PROD with REMARKS