Elijah Cummings

Mr. CUMMINGS

Mr. CUMMINGS. I yield myself such time as I may consume. Mr. Speaker, I want to thank Oversight Committee Chairman Issa and the sponsor of H.R. 5169, the gentleman from Michigan, Tim Walberg, for working with my Democratic colleagues Representatives Lynch and Norton to address some of our concerns. Although much progress has been made in improving this legislation, I believe that there remains sufficient constitutional issues to cause concern, and, therefore, I must reluctantly oppose H.R. 5169, the Senior Executive Service Accountability Act. I understand that this legislation was meant to address recent allegations of misconduct and management failures by senior executives at various agencies. While the allegations are quite troubling, I don't believe they justify governmentwide changes to the Senior Executive Service that will bring senior executives much closer to becoming ``at- will'' employees. I am concerned that the provisions in this bill that would extend the probationary period for senior executives from 1 to 2 years and authorize suspensions for less than 14 days would give agency heads and political appointees the opportunity to terminate or suspend career senior executives for politically motivated reasons, and it is a very real possibility that this would go unchecked simply because there is no third-party review of an agency's actions under these circumstances. I fear that this could result in the politicization of the Federal Government's career senior executive core which would undermine the very protections against political patronage and corruption instituted under the Pendleton Civil Service Reform Act of 1883. I am also deeply troubled by the clawback provision in this legislation which would require an SES member who has been removed from Federal service to pay back the salary and accrued leave he or she received during the period pending removal. I think it is highly likely that the courts and the Merit Systems Protection Board would construe this clawback provision in the same way they construe involuntary or enforced leave. The Federal Circuit Court of Appeals and the MSPB have held that the imposition of involuntary or enforced leave constitutes a constructive suspension, requiring an agency to provide procedural due process to the employee before placing him or her on such leave status. These procedural rights must include notice, an opportunity to respond, an agency decision, and appeal rights. Although this clawback requirement is limited to those senior executives who were placed on some form of leave with pay but without duties, they would never have been given the chance to challenge the agency's decision; moreover, the practical and real effect of the clawback provision is that the senior executive is removed from Federal service upon notice of removal which is, in essence, ``at-will'' employment. For these reasons, I urge my colleagues to join me in opposing H.R. 5169; and, with that, I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I will continue to reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, may I ask how much time remains?

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we do oppose this legislation. We understand the intent of the sponsor, and we applaud him for his efforts. I think that we have to be very, very careful with people's constitutional rights I have stated in my opposition. With that, Mr. Speaker, I urge Members to vote against the legislation, and I yield back the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I continue to reserve the balance of my time.

Mr. CUMMINGS. I will continue to reserve the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of this bill and I want to thank Representative Mark Meadows for his hard work on this bill. This bill would make the Federal Government's records more transparent. This bill includes the language of a bill I introduced, the Electronic Message Preservation Act. That portion of the legislation would require the Archivist of the United States to issue regulations mandating that within 2 years of enactment all Federal agencies manage and preserve their email records electronically. The bill would also direct the Archivist to establish standards for the preservation and management of electronic Presidential records and to annually certify that the White House has records management controls in place that meet those standards. Under this bill, the Archivist must report 1 year after the President leaves office on whether the controls used by the President met the required standards. This amendment would move agencies out of the arcane print-and-file recordkeeping systems that many of them still use, a system which can lead to records getting lost or not being turned over in response to requests. This bill also includes an amendment offered by my colleague Representative Jackie Speier during the committee markup. The Speier amendment would provide a clearer standard for agencies to follow with regard to which records had to be kept and for how long. Under this approach, the records of senior agency officials would be kept permanently. This bill also provides procedures for agencies to follow if an employee intentionally destroys records. Under this bill, employees will be held accountable and they will also receive the same due process rights that they have under current law. There are a couple of issues with this bill that I would like to flag. One concern that has been raised is that the bill could have the unintended consequence of encouraging Federal employees to save every email. Under current law, the National Archives works with agencies to establish schedules that define how long an agency has to keep categories of records. Agencies can't save everything forever or the volume would be so overwhelming we wouldn't be able to sort out important information from junk. We should evaluate this concern and just ensure that we aren't creating unintended consequences. Another concern that has been raised with this bill is that, in attempts to restrict the manner in which the President and Vice President create records, the bill says the President and Vice President or a covered employee may not create or send a Presidential or Vice Presidential record using a nonofficial electronic messaging account unless the President or Vice President or covered employee takes certain steps. Those steps include copying an official email account, forwarding a copy of the email to an official account, or printing the email and properly archiving it. The Presidential Records Act already requires the President, the Vice President, and their immediate staff to preserve their records. I think we should just make sure that we are not crossing the line in the requirements for the President and the Vice President. I believe those two concerns should be evaluated and addressed if this bill is considered in the Senate. Again, I strongly support this bill and urge my colleagues to support it. With that, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I want to thank Ranking Member Hinojosa for the time, and I thank the chairman and Ranking Member Miller, and Chairwoman Foxx for their hard work on this legislation. Mr. Speaker, I rise today in support of H.R. 4983, the Strengthening Transparency in Higher Education Act. This legislation will help prospective students and their families by providing more accessible information about the costs of attending our Nation's colleges and universities. The bill before us today includes provisions that I authored that will improve a tool already available to help students and their families assess the cost of attending college, the net price calculator. Currently, students and families have to guess where the calculators are located on the schools' Web pages, what each school calls the calculator, and whether the information it provides is accurate. Additionally, veterans and servicemembers must try to determine whether the estimates provided by such calculators accurately reflect the academic benefits they have earned through their service. As the ranking member of the Oversight and Government Reform Committee, one of my roles is to help government work more effectively and efficiently. My bill, the Net Price Calculator Improvement Act, H.R. 3694, addresses the challenges identified with current net price calculators by ensuring that they will provide consistent and comparable price information for colleges and universities based on up-to-date data. My legislation would also ensure that institutions place the calculators in consistent locations on their Web sites, and it would protect students who use the calculators from data mining. I applaud my colleagues on the Education and the Workforce Committee for including these critical provisions in H.R. 4983, and urge the passage of this legislation. As I close, let me note that the bill before us is an important first step in the process of reauthorizing the Higher Education Act, and it contains important reforms. However, our work will not be done by simply passing this bill. The bills before the House this week ignore the bread and butter of the Federal higher education policy, Federal student aid. We must reauthorize the Higher Education Act in its entirety as quickly as possible.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to join my colleagues in the consideration of H.R. 451, a bill to designate the facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, as the Richard K. Salick Post Office. Richard Salick was born in Wisconsin in 1949 and competed for national and world surfing teams in the 1960s and 1970s. At the age of 23, Richard was diagnosed with kidney failure. After undergoing his first kidney transplant, Richard was told that his surfing career was over. Less than a year after surgery, however, Richard developed an innovative paddling technique that allowed him to return to his passion of professional surfing. In 2000, Richard was inducted into the Surfing Hall of Fame as an East Coast Legend. Richard began dedicating his life to helping others suffering from kidney disease. In 1976, just 2 years after his initial kidney transplant, Richard and his brother helped organize a surfing competition in Cocoa Beach, Florida, to benefit local dialysis centers. That event has now become the largest charitable surfing festival in the world, raising millions of dollars to support educational, patient services, and organ donation programs. Mr. Speaker, we should pass this bill to recognize Richard Salick's extraordinary strength in the face of chronic illness, his perseverance to excel at the highest level in his sport, and his tireless dedication to improving the lives of others fighting kidney disease. I urge all of my colleagues to vote in favor of this bill. Mr. Speaker, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 606, a bill to designate the facility of the United States Postal Service located at 815 County Road 23 in Tyrone, New York, as the Specialist Christopher Scott Post Office. Christopher Scott was raised in Dundee, New York, and graduated from Dundee Central School in 2009. Christopher excelled in both the classroom and athletics as a member of the football, track, and cheerleading teams. Christopher enlisted in the United States Army in July 2009, where he served as a military policeman. Specialist Scott was assigned to the 561st Military Police Company, 716th MP Battalion. Specialist Scott was attached to the 1st Squadron, 10th Cavalry Regimen, 2nd Brigade Combat Team, Fourth Infantry Division upon his deployment to Afghanistan in 2011. Just 2 months into his first tour overseas and 12 days before returning home to get married, Specialist Scott was tragically killed while conducting a dismounted patrol with Afghan uniformed police partners in Kandahar City. Specialist Scott was posthumously awarded the Bronze Star, Purple Heart, National Service Ribbon, and Combat Action Badge for his honorable service. Mr. Speaker, we should pass this bill to recognize the valor of Specialist Christopher Scott and the extraordinary sacrifices made by him and his family. I urge all Members of the Congress to vote in favor of this legislation. With that, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am very pleased to join my colleagues in the consideration of H.R. 2223, a bill to designate the facility of the United States Postal Service located at 220 Elm Avenue in Munising, Michigan, as the Elizabeth L. Kinnunen Post Office Building. Elizabeth Kinnunen came to the United States from Finland in 1903 with hopes of a better life. After marrying Oscar Kinnunen in 1909, Elizabeth worked alongside her husband to run a boarding home for timber and mining workers in Marquette, Michigan. Eventually, Elizabeth, Oscar, and their 11 children moved to Munising, Michigan, where they continued to work tirelessly so that each of their children could achieve the American Dream. Ms. Kinnunen made many sacrifices on behalf of her children, and two of her beloved sons made the ultimate sacrifice on behalf of our great country. Eiso Kinnunen was killed in action in the Battle of the Bulge in 1945; and shortly thereafter, in 1952, Ms. Kinnunen became a two Gold Star Mother, when Raymond Kinnunen lost his life in the Korean war. It is difficult to fathom, Mr. Speaker, the devastating losses Ms. Kinnunen endured, but we can honor her hard work, her dedication, and her sacrifices by naming this post office in her honor. With that, Mr. Speaker, I urge all of my colleagues to vote in favor of this legislation, and I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. I am very pleased to join my colleagues in the consideration of H.R. 3534, a bill to designate the facility of the United States Postal Service located at 113 West Michigan Avenue in Jackson, Michigan, as the Officer James Bonneau Memorial Post Office. James Bonneau was a native of Canton, Michigan. He graduated with a degree in criminal justice from Eastern Michigan University in 2006. James graduated at the top of his class from Lansing Community College's Mid-Michigan Police Academy and subsequently joined the Jackson Police Department. On March 9, 2010, Officer Bonneau was following up on a domestic disturbance call when he was tragically shot and killed. Bonneau is survived by his parents, Marc and Amy Bonneau, as well as his fiancee, Rachael Maloney. Passing this bill will help recognize Officer Bonneau's police service as well as his dedication and commitment to his family, the police department, and his community. I urge all of my colleagues to vote in favor of this legislation. With that, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am very pleased to join my colleagues in the consideration of H.R. 4355, a bill to designate the facility of the United States Postal Service located at 201 B Street in Perryville, Arkansas, as the Harold George Bennett Post Office. Harold Bennett was born on October 16, 1940, in Perryville, Arkansas. Bennett and his brothers served in the United States Army. Sergeant George Bennett was trained as an airborne infantryman and served with the 82nd and 101st Airborne Divisions. While serving as an infantry adviser to South Vietnam's Army on December 29, 1964, he was airlifted to a village that had been overrun by the Viet Cong. Upon landing, Sergeant Bennett's unit was confronted by enemy forces, and Sergeant Bennett and his radio operator were captured. Sergeant Bennett was the first American prisoner of war to be executed by the Viet Cong. As a prisoner of war, Sergeant Bennett displayed remarkable courage, resistance, and devotion to his country. He was reportedly executed for injuring one of his captors during one of his three escape attempts. Sergeant Bennett was posthumously awarded the Silver Star. Mr. Speaker, we would urge all Members of the Congress to vote in favor of this legislation, and, with that, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to join my colleagues in supporting H.R. 2802, a bill to designate the facility of the United States Postal Service located at 418 Liberty Street in Covington, Indiana, as the Fountain County Veterans Memorial Post Office. The legislation before us honors the brave men and women from Fountain County, Indiana, who have served in our Armed Forces. These servicemembers have put this country before themselves by dedicating their lives to defending the freedoms we as Americans hold so dear. Their sacrifices should never be taken for granted, nor should they ever be forgotten. Mr. Speaker, I urge all of my colleagues to vote in favor of this legislation, and, with that, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3085, a bill to designate the facility of the United States Postal Service located at 3349 West 111th Street in Chicago, Illinois, as the Captain Herbert Johnson Memorial Post Office Building. I want to thank Representative Dan Lipinski for introducing this measure to honor a hero from the city of Chicago. Captain Johnson was a 32-year veteran firefighter who was remembered by friends and family as an all-around great guy and great fireman. Johnson comes from a family of public servants. Three of his brothers serve as Chicago police officers. His sister is a retired policewoman, and another brother is a Chicago firefighter. Captain Johnson died after sustaining heavy injuries while responding to a fire in the Gage Park neighborhood of Chicago. Captain Johnson, who had just been promoted 3 months before his death, is survived by his wife, Susan, a daughter, and two sons. Mr. Speaker, we should pass this legislation. I urge all of my colleagues to vote in favor of it. I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Lipinski), the distinguished sponsor of the bill.

Mr. CUMMINGS. Mr. Speaker, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. I am pleased to join my colleagues in the consideration of H.R. 3027, a bill to designate the facility of the United States Postal Service located at 442 Miller Valley Road in Prescott, Arizona, as the Barry M. Goldwater Post Office. I think we are all aware of the remarkable service from the five-term Senator from Arizona, Barry Morris Goldwater. Senator Goldwater was born in Phoenix, Arizona, on January 2, 1909. In 1930, Senator Goldwater took over his family's business, and in 1934, he married Margaret ``Peggy'' Johnson, with whom he had four children. During World War II, Senator Goldwater served as a pilot and flew over the Himalayas to deliver supplies to the Republic of China in their fight against the Empire of Japan. Senator Goldwater was a man of courage. He was a dedicated public servant who spoke his mind, stood firm on his beliefs, and worked tirelessly for his constituents. Mr. Speaker, we should pass this bill to honor Senator Goldwater and remember his legislative accomplishments, his skill in forging compromises, and his commitment to saying what he believed, so I urge all of my colleagues to vote in favor of this legislation. I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want to thank the gentlewoman from Arizona, Representative Ann Kirpatrick, for introducing H.R. 4416, a bill to redesignate the facility of the United States Postal Service located at 161 Live Oak Street in Miami, Arizona, as the Staff Sergeant Manuel V. Mendoza Post Office Building. Manuel Verdugo Mendoza was born in 1922 in Miami, Arizona. Manuel was known as a man who worked hard to provide for his family. He married his wife, Alice Gaona, in August 1942, and was drafted into the Army in November of that same year. Just this year, Manuel was posthumously awarded the Medal of Honor for his actions on October 4, 1944, in Italy. On that day, Staff Sergeant Mendoza is credited with breaking up a German counterattack of 200 troops. After World War II, Staff Sergeant Mendoza went on to serve with distinction in the Korean war before being honorably discharged in 1954. Staff Sergeant Mendoza passed away at the age of 79 in 2001. He was survived by his wife, two daughters, and a son. In addition to the Medal of Honor, he also received the Bronze Star, two Purple Hearts, and a host of other honors and distinctions. We should pass this bill today to recognize Staff Sergeant Mendoza's service to our Nation and bravery in combat. With that, I urge all of my colleagues to vote in favor of the bill, and I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the gentlewoman from Arizona (Mrs. Kirkpatrick), my distinguished colleague, the sponsor of the legislation.

Mr. CUMMINGS. Mr. Speaker, I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank my colleague, Congresswoman Carolyn Maloney of New York, for introducing H.R. 2291, and I join her in supporting this bill to designate the facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, as the Vincent R. Sombrotto Post Office. Mr. Vincent Raymond Sombrotto was born in New York on June 15, 1923. He joined what was then known as the Post Office Department in 1947 as a part-time letter carrier after serving with distinction in the Navy during World War II. In 1971, Sombrotto was elected president of the New York City branch of the National Association of Letter Carriers. In 1978, he was elected as NALC's national president, a position he held until 2002. He was an active supporter of the Muscular Dystrophy Association, helping to raise millions of dollars to fight neuromuscular diseases. Sombrotto passed away in 2013 at the age of 89. He was survived by his wife, seven children, and 14 grandchildren. Mr. Speaker, we should pass this legislation. I urge all of my colleagues to support it. With that, I reserve the balance of my time.

Mr. CUMMINGS. Mr. Speaker, I yield 4 minutes to the gentlewoman from New York (Mrs. Maloney), the distinguished sponsor of the legislation.

Mr. CUMMINGS. With that, I urge all Members to vote in favor of the bill, and I yield back the balance of my time.

Mr. CUMMINGS

Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I introduced this bipartisan bill to protect important due process rights for whistleblowers. I want to thank the original cosponsors of this bill, Oversight Committee Chairman Darrell Issa, Federal Workforce Subcommittee Chairman Blake Farenthold, Ranking Member Gerry Connolly, and longtime whistleblower advocate and fellow Member from the State of Maryland, Representative Chris Van Hollen. H.R. 4197 extends a provision in the Whistleblower Protection Enhancement Act that was signed into law on November 27, 2012. Under that law, whistleblowers were allowed to file appeals in any circuit court of appeals with jurisdiction during the 2 years following enactment. The 2-year period will expire on November 27 of this year. This bill would extend the all circuit review provision for an additional 3 years. Without this provision, whistleblowers could only appeal a decision by the Merit Systems Protection Board to the United States Court of Appeals for the Federal circuit. The Federal circuit has become increasingly restrictive of whistleblower rights in its decisions over the years. Allowing other circuits to consider appeals in whistleblower cases provides a peer review process and check on the Federal circuit. The Oversight Committee approved this bill on a bipartisan vote in March. Following the committee's action, the Make It Safe Coalition, a group of more than 50 organizations supporting whistleblower rights, issued a statement. Here is some of what they said: The House Government Reform Committee deserves credit for bipartisan leadership on its experiment in structural due process reforms. All circuit review is a sorely needed provision to ensure that the WPEA is in force as Congress intended. Two years has not been enough time to evaluate whether the all circuit review provision works as intended, as only a few cases have made their way to other circuits so far. I note this bill also would allow the Office of Personnel Management to file for reviews of MSPB decisions in circuits other than the Federal circuit for an additional 3 years. Protecting the rights of whistleblowers fosters an environment where employees feel safe coming forward with information, including employees like the brave doctors, nurses, and administrative staff who have come forward to expose mismanagement in the Department of Veterans Affairs. Federal whistleblowers are critical to exposing waste, fraud, and abuse in the government, and we need to do all that we can to support them. With that, I urge my colleagues to support the legislation, and I reserve the balance of my time.