9:19 PM EDT

Alan M. Grayson, D-FL 9th

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

The Acting CHAIR. The Clerk will designate the amendment.

The text of the amendment is as follows:

At the end of the bill (before the short title), add the following new section:

Sec.

__. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals:

(A) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,

tax evasion, violating Federal criminal tax laws, or receiving stolen property; or

(B) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in subsection (A); or

(C) within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

The Acting CHAIR. Pursuant to the order of the House of today, the gentleman from Florida (Mr. Grayson) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from Florida.

9:20 PM EDT

George Holding, R-NC 13th

Mr. HOLDING. Mr. Chairman, my amendment prohibits funds from this bill from being used to transfer or to detail employees to the Office of the Pardon Attorney.

The President possesses the constitutional authority to grant reprieves and pardons for offenses against the United States. However, in the first 5 years of this President's administration, President Obama granted fewer pardons and [Page: H4987]

commutations than any of his recent predecessors.

Earlier this year, the Deputy Attorney General took the unprecedented step of asking the defense bar for assistance in recruiting candidates for executive clemency, specifically Federal drug offenders.

The Justice Department intends to beef up its pardon attorney's office to process applications for commutations of sentence for Federal drug offenders. This is clear, and this amendment would prohibit that.

The Constitution gives the President the pardon power, but the fact that the President has finally chosen to use that power and to use it solely on behalf of drug offenders shows that this is little more than a political ploy by the administration to bypass Congress yet again.

This is not as the Founders intended, an exercise of the power to provide for exceptions in favor of unfortunate guilt, but the use of the pardon power to benefit an entire class of offenders who were duly convicted in a court of law and is serving a sentence. It is also just the latest example of executive overreach by this administration.

I am urging the support of this amendment.

I reserve the balance of my time.

9:21 PM EDT

Chaka Fattah, D-PA 2nd

Mr. FATTAH. Mr. Chairman, this is impractical. If there were a resignation in the office and if you needed to have a temporary detailee, it would be prohibited from this amendment. The last thing we would want is the President using such extraordinary power without the benefit of proper staff and due diligence.

I yield back the balance of my time.

9:22 PM EDT

Chaka Fattah, D-PA 2nd

Mr. FATTAH. Mr. Chairman, this is impractical. If there were a resignation in the office and if you needed to have a temporary detailee, it would be prohibited from this amendment. The last thing we would want is the President using such extraordinary power without the benefit of proper staff and due diligence.

I yield back the balance of my time.

9:22 PM EDT

Chaka Fattah, D-PA 2nd

Mr. FATTAH. Mr. Chairman, this is impractical. If there were a resignation in the office and if you needed to have a temporary detailee, it would be prohibited from this amendment. The last thing we would want is the President using such extraordinary power without the benefit of proper staff and due diligence.

I yield back the balance of my time.

9:22 PM EDT

Bob Goodlatte, R-VA 6th

Mr. GOODLATTE. I thank the gentleman for yielding.

Mr. Chairman, no one denies the constitutional power of the President to grant clemency. The question here is whether this power is being used by the President of the United States as a way around the enforcement of the law as passed by the Congress when you invite mass representations of defense attorneys that thousands of their clients are entitled to have clemency granted to them. That is not a proper use of this power, and the Congress should not fund that office for that purpose.

I think the gentleman's amendment is well-advised, and I strongly support it, and I urge my colleagues to vote ``yes'' on the Holding amendment.

9:22 PM EDT

Bob Goodlatte, R-VA 6th

Mr. GOODLATTE. I thank the gentleman for yielding.

Mr. Chairman, no one denies the constitutional power of the President to grant clemency. The question here is whether this power is being used by the President of the United States as a way around the enforcement of the law as passed by the Congress when you invite mass representations of defense attorneys that thousands of their clients are entitled to have clemency granted to them. That is not a proper use of this power, and the Congress should not fund that office for that purpose.

I think the gentleman's amendment is well-advised, and I strongly support it, and I urge my colleagues to vote ``yes'' on the Holding amendment.

9:23 PM EDT

Steve Cohen, D-TN 9th

Mr. COHEN. Mr. Chairman, I demand a recorded vote.

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Tennessee will be postponed.

ANNOUNCEMENT BY THE ACTING CHAIR

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments on which further proceedings were postponed, in the following order:

Amendment by Mr. Pompeo of Kansas.

Amendment by Mr. McNerney of California.

Amendment by Mr. Bridenstine of Oklahoma.

Amendment by Mr. King of Iowa.

Amendment by Mr. Cohen of Tennessee.

Amendment by Mr. Cohen of Tennessee.

The Chair will reduce to 2 minutes the time for any electronic vote after the first vote in this series.

AMENDMENT OFFERED BY MR.

POMPEO

The Acting CHAIR. The unfinished business is the demand for a recorded vote on the amendment offered by the gentleman from Kansas (Mr. Pompeo) on which further proceedings were postponed and on which the ayes prevailed by voice vote.

The Clerk will redesignate the amendment.

The Clerk redesignated the amendment.

RECORDED VOTE

The Acting CHAIR. A recorded vote has been demanded. [Page: H4932]

A recorded vote was ordered.

The vote was taken by electronic device, and there were--ayes 129, noes 280, not voting 22, as follows:

[Roll No. 243]

AYES--129

Amash

Bachmann

Bachus

Barton

Bentivolio

Bilirakis

Bishop (UT)

Black

Blackburn

Boustany

Brady (TX)

Bridenstine

Brooks (AL)

Broun (GA)

Burgess

Byrne

Carter

Chabot

Chaffetz

Coble

Coffman

Collins (GA)

Collins (NY)

Conaway

Cook

Cotton

DeSantis

DesJarlais

Duffy

Duncan (SC)

Farenthold

Fincher

Fleming

Flores

Foxx

Franks (AZ)

Gardner

Garrett

Gingrey (GA)

Gohmert

Goodlatte

Gosar

Gowdy

Graves (GA)

Hall

Harper

Harris

Hensarling

Holding

Hudson

Huelskamp

Huizenga (MI)

Hultgren

Hunter

Hurt

Issa

Jenkins

Johnson, Sam

Jones

Jordan

King (IA)

Kingston

Kline

Labrador

LaMalfa

Lamborn

Lance

Latta

Lummis

Marchant

Massie

McCarthy (CA)

McCaul

McClintock

McHenry

Meadows

Messer

Miller (FL)

Mullin

Neugebauer

Nugent

Nunes

Olson

Paulsen

Perry

Petri

Pittenger

Pitts

Poe (TX)

Pompeo

Price (GA)

Ribble

Rice (SC)

Rogers (AL)

Rogers (MI)

Rohrabacher

Rokita

Rooney

Roskam

Ross

Rothfus

Royce

Ryan (WI)

Salmon

Sanford

Scalise

Schweikert

Scott, Austin

Sensenbrenner

Sessions

Smith (MO)

Smith (TX)

Stewart

Stockman

Stutzman

Terry

Thornberry

Tiberi

Tipton

Walberg

Weber (TX)

Webster (FL)

Westmoreland

Williams

Wilson (SC)

Woodall

Yoder

Yoho

Young (IN)

NOES--280

Aderholt

Amodei

Barber

Barletta

Barr

Barrow (GA)

Bass

Beatty

Becerra

Benishek

Bishop (GA)

Bishop (NY)

Blumenauer

Bonamici

Brady (PA)

Braley (IA)

Brooks (IN)

Brown (FL)

Brownley (CA)

Buchanan

Bucshon

Bustos

Butterfield

Calvert

Camp

Cantor

Capps

Capuano

Cardenas

Carney

Carson (IN)

Cartwright

Cassidy

Castor (FL)

Castro (TX)

Chu

Cicilline

Clark (MA)

Clarke (NY)

Clay

Clyburn

Cohen

Cole

Connolly

Conyers

Cooper

Costa

Courtney

Cramer

Crawford

Crenshaw

Crowley

Cuellar

Culberson

Cummings

Daines

Davis (CA)

Davis, Danny

Davis, Rodney

DeFazio

DeGette

Delaney

DeLauro

DelBene

Denham

Dent

Deutch

Diaz-Balart

Doggett

Doyle

Duckworth

Duncan (TN)

Ellison

Ellmers

Engel

Enyart

Eshoo

Farr

Fattah

Fitzpatrick

Fleischmann

Forbes

Fortenberry

Foster

Frankel (FL)

Frelinghuysen

Fudge

Gabbard

Gallego

Garamendi

Garcia

Gerlach

Gibbs

Gibson

Granger

Graves (MO)

Grayson

Green, Gene

Griffin (AR)

Griffith (VA)

Grijalva

Grimm

Guthrie

Gutiérrez

Hahn

Hanabusa

Hastings (WA)

Heck (NV)

Heck (WA)

Herrera Beutler

Higgins

Himes

Hinojosa

Holt

Honda

Horsford

Hoyer

Huffman

Israel

Jackson Lee

Jeffries

Johnson (GA)

Johnson (OH)

Johnson, E. B.

Jolly

Joyce

Kaptur

Keating

Kelly (IL)

Kelly (PA)

Kennedy

Kildee

Kilmer

Kind

King (NY)

Kinzinger (IL)

Kirkpatrick

Kuster

Langevin

Larsen (WA)

Larson (CT)

Latham

Lee (CA)

Levin

Lipinski

LoBiondo

Loebsack

Lofgren

Long

Lowenthal

Lowey

Lucas

Luetkemeyer

Lujan Grisham (NM)

Lujan, Ben Ray (NM)

Lynch

Maffei

Maloney, Carolyn

Maloney, Sean

Marino

Matheson

Matsui

McAllister

McCollum

McDermott

McGovern

McIntyre

McKeon

McKinley

McMorris Rodgers

McNerney

Meehan

Meeks

Meng

Mica

Michaud

Miller (MI)

Miller, George

Moore

Moran

Murphy (FL)

Murphy (PA)

Nadler

Napolitano

Neal

Negrete McLeod

Noem

Nolan

Nunnelee

O'Rourke

Owens

Pallone

Pascrell

Pastor (AZ)

Payne

Pearce

Pelosi

Perlmutter

Peters (CA)

Peters (MI)

Peterson

Pingree (ME)

Pocan

Polis

Posey

Price (NC)

Quigley

Rahall

Rangel

Reed

Reichert

Renacci

Richmond

Rigell

Roby

Roe (TN)

Rogers (KY)

Roybal-Allard

Ruiz

Runyan

Ruppersberger

Rush

Ryan (OH)

Sanchez, Linda T.

Sanchez, Loretta

Sarbanes

Schakowsky

Schiff

Schneider

Schock

Schrader

Schwartz

Scott (VA)

Scott, David

Serrano

Sewell (AL)

Shea-Porter

Sherman

Shimkus

Simpson

Sinema

Sires

Smith (NE)

Smith (NJ)

Smith (WA)

Southerland

Speier

Stivers

Swalwell (CA)

Takano

Thompson (CA)

Thompson (PA)

Tierney

Titus

Tonko

Tsongas

Turner

Upton

Valadao

Van Hollen

Vargas

Veasey

Vela

Velazquez

Visclosky

Wagner

Walden

Walorski

Walz

Wasserman Schultz

Waxman

Welch

Wenstrup

Whitfield

Wilson (FL)

Wittman

Wolf

Womack

Yarmuth

Young (AK)

NOT VOTING--22

Bera (CA)

Campbell

Capito

Cleaver

Dingell

Edwards

Esty

Green, Al

Hanna

Hartzler

Hastings (FL)

Lankford

Lewis

McCarthy (NY)

Miller, Gary

Mulvaney

Palazzo

Ros-Lehtinen

Shuster

Slaughter

Thompson (MS)

Waters

[Time: 13:44]

Mr. LUCAS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. NUNNELEE, Ms. CASTOR of Florida, Messrs. FLEISCHMANN, TIERNEY, RUSH, Ms. GRANGER, Messrs. GIBBS, AMODEI, CAMP, RICHMOND, and CRAMER changed their vote from ``aye'' to ``no.''

Messrs. BURGESS, ROONEY, FLORES, ROYCE, ISSA, YOUNG of Indiana, and ROTHFUS changed their vote from ``no'' to ``aye.''

So the amendment was rejected.

The result of the vote was announced as above recorded.

MOMENT OF SILENCE IN REMEMBRANCE OF MEMBERS OF ARMED FORCES WHO LOST THEIR LIVES ON THE BEACHES OF NORMANDY DURING THE ALLIED INVASION OF JUNE 6, 1944

(By unanimous consent, Mr. Michaud was allowed to speak out of order.)

9:24 PM EDT

Alan M. Grayson, D-FL 9th

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

The Acting CHAIR. The Clerk will designate the amendment.

The text of the amendment is as follows:

At the end of the bill (before the short title), add the following new section:

Sec.

__. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals:

(A) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,

tax evasion, violating Federal criminal tax laws, or receiving stolen property; or

(B) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in subsection (A); or

(C) within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

The Acting CHAIR. Pursuant to the order of the House of today, the gentleman from Florida (Mr. Grayson) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentleman from Florida.

9:24 PM EDT

Bill Flores, R-TX 17th

Mr. FLORES. Mr. Chair, I rise today to offer a simple amendment to address an overreach by the executive branch of our government.

My amendment bans the use of Federal funds for the implementation of Executive Order No. 13547. Executive Order No. 13547, signed in 2010, requires that 63-plus bureaucracies essentially zone the ocean and the sources thereof.

This amendment addresses a critical executive branch encroachment into the powers of Congress as set forth in our Constitution. The activities being conducted under E.O. 13547 have not been authorized by Congress, nor have appropriations been made by Congress to fund these activities.

Mr. Chair, since 2010, this body has voted several times in support of this amendment in a bipartisan manner. Today, I am offering this amendment, again, because concerns have been raised that the effects of the recently created National Ocean Policy may extend well beyond restricting the ocean and inland activities.

I reserve the balance of my time.