Bob Goodlatte

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. This summer, the harrowing account of the Stanford rape victim sparked outrage across the United States and around the globe. The survivor's letter documented in graphic and painstaking detail the complicated, emotional, and overwhelming process facing victims of sexual assault. In her letter, the victim writes: ``The next thing I remember I was in a gurney in a hallway. I had dried blood and bandages on the backs of my hands and elbow. I thought maybe I had fallen and was in an admin office on campus . . . Then, I felt pine needles scratching the back of my neck and started pulling them out of my hair. I thought maybe, the pine needles had fallen from a tree onto my head. My brain was talking my gut into not collapsing. Because my gut was saying, help me, help me. ``I shuffled from room to room with a blanket wrapped around me, pine needles trailing behind me, I left a little pile in every room I sat in. I was asked to sign papers that said `Rape Victim' and I thought something has really happened. My clothes were confiscated and I stood naked while the nurses held a ruler to various abrasions on my body and photographed them. The three of us worked to comb the pine needles out of my hair.'' The letter goes on to describe the rest of the forensic exam, her feelings about what happened to her, and her day in court. Her vivid and breathtaking account captured the national spotlight. Unfortunately, she is but one of many who have to go through this ordeal, but what is abundantly clear from this account is the trauma and difficulty sexual assault victims face from the moment they are assaulted. The Survivors' Bill of Rights Act of 2016 makes much-needed additions to Federal law to give victims of sexual assault additional rights in seeking justice and recovering from their experiences. These additional rights include the right to not be prevented from accessing a medical forensic exam, the right not to be charged for that exam, and the right to know about the results of that exam. Furthermore, the bill requires that the medical exam be preserved throughout the length of the statute of limitations. Additionally, the bill requires that the government provide notice to the victim when it intends to dispose of the collection kit. I continue to be deeply troubled by the number of untested rape kits that remain in this country, despite the Judiciary Committee's work to increase funding for rape kit testing to reduce this backlog. Nevertheless, these additional rights related to medical exams will ensure that forensic medical kits will, at the very least, be preserved for the length of the statute of limitations, and victims will have notice so they can contest the destruction of those kits. This bill also clarifies that, under existing law, the Justice Department may make discretionary grants from the Crime Victims Fund to States to use those grants to notify victims of existing rights under State law. While this bill does much to address the rights of sexual assault victims under Federal law, States have different sets of applicable victims' rights that are particular to the State. This provision will ensure that victims will know what rights they have in their particular States. I want to thank the gentlewoman from California (Mrs. Mimi Walters) and the gentlewoman from California (Ms. Lofgren) for their leadership on this very important piece of legislation. I urge passage of this legislation, and I reserve the balance of my time. House of Representatives, Committee on Energy and Commerce, Washington, DC, September 6, 2016. Hon. Bob Goodlatte, Chairman, Committee on the Judiciary, Washington, DC. Dear Chairman Goodlatte: I write in regard to H.R. 5578, Survivors' Bill of Rights Act of 2016, which was recently ordered to be reported by the Committee on the Judiciary. As you are aware, the bill also was referred to the Committee on Energy and Commerce. I wanted to notify you that the Committee on Energy and Commerce will forgo action on H.R. 5578 so that it may proceed expeditiously to the House floor for consideration. This is done with the understanding that the Committee on Energy and Commerce's jurisdictional interests over this and similar legislation are in no way diminished or altered. In addition, the Committee reserves the right to seek conferees on H.R. 5578 and requests your support when such a request is made. I would appreciate your response confirming this understanding with respect to H.R. 5578 and ask that a copy of our exchange of letters on this matter be included in the Congressional Record during consideration of the bill on the House floor. Sincerely, Fred Upton, Chairman.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 5578, currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. I just want to thank the gentlewomen from California, Mrs. Mimi Walters and Ms. Lofgren, for their hard work, and the women who have spoken out about their own personal experiences with regard to sexual assaults because without their speaking out, we would not make the kind of progress that we have made in bringing this legislation this far to the floor of the House. I urge my colleagues to support it. It is important legislation to protect women. It is important legislation to protect our judicial process, and it is important legislation to be sure that people are treated with respect and dignity as they go through this process. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5578) to establish certain rights for sexual assault survivors, and for other purposes.

Mr. GOODLATTE. Mr. Speaker, it is now my great pleasure to yield 4 minutes to the gentlewoman from California (Mrs. Mimi Walters), the chief sponsor of this legislation and a member of the Judiciary Committee.

Mr. GOODLATTE. Mr. Speaker, on that I demand the yeas and nays.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I thank the gentlewoman for her assistance. I urge my colleagues to support this legislation, and I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 2830, currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today to bring before the House H.R. 2830, a bill to make technical amendments to update statutory references to certain provisions classified to title 2 of the United States Code. The Office of the Law Revision Counsel has an ongoing responsibility under section 285b of title 2 of the United States Code to maintain the United States Code and assist the House Judiciary Committee in the revision and codification of Federal statutes. In order to maintain and improve the United States Code, the Office of the Law Revision Counsel must occasionally undertake editorial reclassification projects to reorganize areas of law that have outgrown their original boundaries, or to eliminate organizational units that are no longer efficient. The office assures us that the decision to transfer provisions in the United States Code is not undertaken lightly. After careful study, the Law Revision Counsel recently identified certain organizational deficiencies in the code that needed to be corrected, and accordingly, undertook the necessary changes. The purpose of this bill is to update statutory references to laws classified to title 2 of the United States Code. H.R. 2830 will amend these citations to accurately reflect the new location of the corresponding provisions in the U.S. Code in light of the recent editorial reclassification of title 2. I want to thank Ranking Member Conyers for sponsoring this bill along with me today. Title 2 of the U.S. Code includes all of the laws governing Congress and the legislative branch. The reorganization of title 2 for the purpose of the online version of the code took place on February 1, 2014. Because chapters 3 and 4 of title 2 far outgrew their original boundaries, the Office of Law Revision Counsel reorganized these two chapters into 11 new chapters in order to set forth more clearly the provisions related to the House of Representatives and the Senate. No statutory text was altered by the reorganization; the provisions were merely transferred from one place in title 2 to another. As a result of the reclassification, title 2 now better exhibits the laws governing congressional pay and benefits, ethics, leadership, and administration, just to name a few. The short-term inconvenience of adjusting to new code citations is greatly outweighed by the benefit of much-needed long-term improvements in the organizational structure in the United States Code. Further, to eliminate any confusion, the office provides a comprehensive guide to the old and new code citations on its Web site: uscode.house.gov. With enactment of this legislation, the citations that refer to code sections altered by the reorganization will be updated to reflect the changes made to title 2. For the foregoing reasons, I urge my colleagues to support this important bill. Mr. Speaker, I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, for 150 years, Axalta has been a leader in the coatings industry. Congresswoman Barbara Comstock and I extend our congratulations to Axalta on its 150th year in business. Since its founding in 1866, Axalta has evolved to meet ever-changing industry demands and to fully utilize today's innovative technology. Axalta now does business in over 130 countries and employs more than 12,800 people. However, what has remained constant during this time is Axalta's commitment to quality and to its many customers across the globe. In Virginia, Axalta's Front Royal Plant is celebrating 35 years of operation. The Front Royal Plant, located near the border between the Sixth and Tenth Congressional Districts, employs many of our constituents and is a valued member of the community. The Front Royal Plant manufactures and distributes high quality paint products primarily in small container packaging for the ``Low Bake'' customers in the Refinish and Industrial markets with more than 12 million gallons produced annually. Constructed in 1980 with the first batch of paint produced in March 1981, the facility is nine acres under roof and includes a finished product warehouse that serves as a critical Regional Service Center for the business. There are more than 325 full-time Axalta employees in Front Royal and approximately 80 additional contractor employees onsite. We thank Axalta for their commitment to providing employment and driving economic growth in the Northern Shenandoah Valley. Congratulations again on reaching this milestone. We look forward to the next 150 years and Axalta's continued presence in Virginia.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, good food at good prices--that's The Roanoker Restaurant's tradition. The Roanoker Restaurant, which opened its doors on July 1, 1941, is a local treasure in the Roanoke Valley. I am honored to recognize owner Butch Craft, and her team, as they mark 75 years of operation. Regardless of whether you've been going for decades or just trying it for the first time, when you sit down for a meal at The Roanoker, you know you've found the real deal. From homemade biscuits that you won't soon forget or the comfort food that reminds you of your childhood, The Roanoker does not disappoint. I've enjoyed many a good meal there with my family. Started in 1941 by Crafton Warren and later passed down to his son, E.C., The Roanoker Restaurant has continued to expand under the current owner, Butch Craft, now employing 75 people with room to seat 300 diners. Over the past 75 years, The Roanoker Restaurant has operated in five locations. But despite changes in address, The Roanoker's tradition of good food at good prices has remained steadfast. Part of the restaurant's success is owed to the loyal staff, including many who have worked there for over 10, 20, even 30 years. The Roanoker is locally owned and operated, making this restaurant a true cornerstone of the Roanoke community. Church and civic groups, family reunions, and business meetings all find a spot at the table. It is a meeting place for generations to come together. The Roanoker Restaurant also has a rich history of supporting various groups in the community, including its longtime sponsorship of The Roanokers, a Major League Division team in Cave Spring National Little League. It is an honor to represent the Sixth Congressional District of Virginia, and businesses like The Roanoker Restaurant. Thank you for your continued presence in our community, and for bringing good food at good prices to generations of Roanokers. I wish you many more years of success. Congratulations to The Roanoker Restaurant on this 75th anniversary.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent for the immediate consideration in the House of the bill (H.R. 3394) to amend the Terrorism Risk Insurance Act of 2002 to allow for the use of certain assets of foreign persons and entities to satisfy certain judgments against terrorist parties, and for other purposes.

Mr. GOODLATTE. Mr. Speaker, I have an amendment at the desk.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania (Mr. Thompson), chairman of the Agriculture Subcommittee.

Mr. GOODLATTE. Mr. Chairman, I have an amendment at the desk.

Mr. GOODLATTE. Mr. Chairman, this evening, I rise to urge support for my amendment which would reaffirm and preserve the rights of the States to write their own water quality plans. My amendment simply prohibits the EPA from using its Chesapeake Bay total maximum daily load and the so-called watershed implementation plans to hijack States' water quality strategies. Over the last several years, the EPA has implemented a total maximum daily load, or TMDL, blueprint for the six States in the Chesapeake Bay watershed, which strictly limits the amount of nutrients that can enter the Chesapeake Bay. Through its implementation, the EPA has basically given every State in the watershed an ultimatum--either the State does exactly what the EPA says, or it faces the threat of an EPA takeover of its water quality programs. Congress intended that the implementation of the Clean Water Act be a collaborative approach through which the States and the Federal Government work together. This process was not meant to be subject to the whims of politicians and bureaucrats in Washington, D.C. Therefore, my amendment instructs the EPA to respect the important role States play in implementing the Clean Water Act. I want to make it perfectly clear that my amendment would not stop the EPA from working with the States to restore the Chesapeake Bay, nor would it undermine the cleanup efforts already underway. My language only removes the ability of the EPA to take over a State's plan or to take retaliatory actions against a State if it does not meet EPA- mandated goals. Again, it ensures States' rights remain intact and not usurped by the EPA. It is important to point out the correlation between the EPA's outrageous waters of the United States rule and the bay TMDL. At the heart of both issues is the EPA's desire to control conservation and water quality improvement efforts throughout the country and to punish all those who dare to oppose them. Mr. Chairman, the bay is a national treasure, and I want to see it restored. But we know that in order to achieve this goal, the States and the EPA must work together. The EPA cannot be allowed to railroad the States and micromanage the process. With this amendment, we are simply telling the EPA to respect the important role States play in implementing the Clean Water Act and preventing another Federal power grab by the administration. I reserve the balance of my time.

Mr. GOODLATTE. Mr. Chairman, how much time do I have remaining?

Mr. GOODLATTE. Mr. Chair, I yield myself the balance of my time. I am going to repeat what I said earlier. My amendment does not remove the TMDL or the watershed implementation plans. It only removes the retaliatory actions threatened by the EPA. Those who oppose this amendment are right in that the States have made great improvements. The States have made great strides in cleaning up the bay; so why continue to threaten them with an EPA takeover of their water quality plans? I urge my colleagues to support this amendment. Mr. Chair, I yield back the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of the bill (S. 2840) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize COPS grantees to use grant funds for active shooter training, and for other purposes, and ask for its immediate consideration in the House.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, on rollcall 415, I was unavoidably detained due to a security lockdown that prevented me from leaving a meeting to vote on the floor. Had I been present, I would have voted ``no.''

Mr. GOODLATTE. Mr. Chair, on rollcall No. 414, I was unavoidably detained. Had I been present, I would have voted ``no.''

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may consume. The list of organizations that stand up for separation of powers, that stand up for liberty, and that stand up for common sense is long. It includes the American Farm Bureau Federation, TechFreedom, the American Consumer Institute, Americans for Tax Reform, the Center for Freedom and Prosperity, Competitive Enterprise Institute, Digital Liberty, Free the People, the Independent Women's Forum, Institute for Liberty, the Mississippi Center for Public Policy, the National Taxpayers Union, Protect Internet Freedom, the Taxpayers Protection Alliance, and Tech Knowledge, just to name some. Mr. Chairman, this legislation is very important. It will pass this House with a strong vote. It needs to be taken up by the United States Senate. It needs to be signed into law by the President of the United States, but it will also be heard across the street at the United States Supreme Court, where I know there are Justices who know that the Chevron doctrine needs to be reconsidered because it is an abandonment of the responsibility and the power of the judicial branch of our government to cede this kind of power and this kind of authority to the bureaucracy. It is wrong; it needs to be overturned; and I urge my colleagues to vote to do so tonight. Mr. Chairman, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4768.

Mr. GOODLATTE. Mr. Chairman, I yield myself such time as I may consume. The need for the Separation of Powers Restoration Act of 2016 to restore balance in our Federal system is clear. The modern Federal administrative state is an institution unforeseen by the Framers of our Constitution and rapidly mushrooming out of control. This legislation takes square aim at one of the biggest roots of this problem, the Chevron Doctrine, under which Federal courts regularly defer to regulatory agencies' self-serving and often politicized interpretations of the statutes they administer. This includes interpretations like those that underlie the EPA's Clean Power Plan and waters of the United States rules. These are just a few examples of rules consciously designed by regulatory agencies to violate Congress' intent. They threaten to wipe out the Nation's key fuel for electric power generation and extend the EPA's permitting tentacles into every puddle in every American backyard. This bill also takes on the related Auer doctrine, under which courts defer to agencies' self-serving interpretations of their own regulations. Auer and Chevron deference work hand in hand to expand the power of Federal bureaucrats to impose whatever decision they want as often as they can, escaping, whenever possible, meaningful checks and balances from the courts. In perhaps the most famous of the Supreme Court's earlier decisions, Marbury v. Madison, Chief Justice Marshall declared for a unanimous Court that ``it is emphatically the province and duty of the Judicial Department to say what the law is.'' Since the Chevron doctrine allows judges to evade interpreting the law, and instead to defer to agencies' interpretations, one must ask: Is Chevron faithful to Marbury and the separation of powers? In the Administrative Procedure Act of 1946, often called the constitution of administrative law, Congress provided for judicial review of agency action in terms that were plain and direct. It stated that ``the reviewing court shall decide all relevant questions of law and interpret constitutional and statutory provisions.'' That standard is consistent with Marbury and the separation of powers. But since Chevron allows judges to escape interpreting statutory provisions themselves, one must ask: Is Chevron unfaithful not only to Marbury and the separation of powers, but also to the Administrative Procedure Act? These are not just academic questions. They are fundamental questions that go to the heart of how our government works and whether the American people can still control it. Judicial deference under Chevron weakens the separation of powers, threatening liberty. It bleeds out of the judicial branch power to interpret the law, transfusing that power into the executive branch. And it tempts Congress to let the hardest work of legislating bleed out of Congress and into the executive branch since Congress knows judges will defer to agency interpretations of ambiguities and gaps in statutes Congress did not truly finish. This leads us down the dangerous slope James Madison warned against in Federalist 47: ``The accumulation of all powers, legislative, executive, and judiciary, in the same hands,'' that ``may justly be pronounced the very definition of tyranny.'' The Separation of Powers Restoration Act of 2016 is timely, bold legislation directed straight at stopping our slide down that dangerous slope. In one fell swoop, it restores the separation of powers by legislatively overturning the Chevron doctrine and the related Auer doctrine. This is reform we must make reality for the good of the American people. I want to thank Representative Ratcliffe for his introduction of this important legislation, and I urge my colleagues to support the Separation of Powers Restoration Act. Mr. Chair, I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I want to thank both gentlemen from Virginia for their support of this legislation. I rise today to urge passage of H. Con. Res. 138. This resolution would designate the George C. Marshall Museum and the George C. Marshall Research Library in Lexington, Virginia, as the National George C. Marshall Museum and Library. General George Catlett Marshall dedicated his life to public service, serving honorably in the United States Army as Army Chief of Staff during World War II, Special Ambassador to China, Secretary of State, and Secretary of Defense. From his allied plan to storm the beaches of Normandy to his European economic recovery strategy known as the Marshall Plan, his leadership changed the world. The history of the United States and the global community would be a different place if not for the contributions of General Marshall. At the recommendation of former President Harry Truman, the Marshall Foundation was established in 1953. On May 23, 1964, the Marshall Museum and Library was dedicated on the post of the Virginia Military Institute, General Marshall's alma mater. For over 50 years, the Marshall Foundation has devoted its mission to educating the public about the important contributions of General Marshall. The museum has five extensive exhibits and houses General Marshall's 1953 Nobel Peace Prize. The research library collects, preserves, and shares the largest collection of documents pertaining to General Marshall's life. Just this year, the Marshall Foundation reached a huge milestone with the completion of the Papers of George Catlett Marshall. This project began in 1977, with the goal to create a published record of every document that General Marshall produced. The final project consists of seven volumes and includes 4,260 documents spanning over 5,666 pages. In addition to its extensive research work, the Marshall Foundation provides educational opportunities for college students and future military leaders. The Marshall Undergraduate Scholars Program sends college history students to the Marshall Foundation to conduct primary research in the library's archives. The Marshall Army ROTC Award Seminar also provides the top ROTC cadet at each college in the United States the opportunity to participate in a national security conference with fellow award recipients and current Army leaders. The Marshall-Arnold Air Force ROTC Award Seminar provides a similar opportunity to top senior cadets at each college with an Air Force ROTC program. Last year, the Marshall Foundation began the Marshall Legacy Series. This is a 3-year series of exhibits, lectures, and events to showcase General Marshall's contributions during the 20th century and connect those contributions to today's world. This is just a snapshot of the important work the Marshall Foundation conducts to honor and preserve the legacy of General Marshall. I am honored to have such an important facility in my district, the Sixth Congressional District of Virginia. General Marshall once said: ``Sincerity, integrity, and tolerance are, to my mind, the first requirements of many to a fine, strong character.'' I applaud the Marshall Foundation's work in sharing Marshall's vision and character with a new generation of Americans. I urge passage of this resolution to honor one of America's most sincere and distinguished public servants by congressionally designating the museum and library in Lexington, Virginia, as the National George C. Marshall Museum and Library.