[Congressional Record Volume 169, Number 204 (Tuesday, December 12, 2023)] [House] [Pages H6828-H6832] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PROVIDING FOR CONSIDERATION OF H.R. 1147, WHOLE MILK FOR HEALTHY KIDS ACT OF 2023; PROVIDING FOR CONSIDERATION OF H.R. 357, ENSURING ACCOUNTABILITY IN AGENCY RULEMAKING ACT; AND FOR OTHER PURPOSES Mrs. FISCHBACH. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 922 and ask for its immediate consideration. The Clerk read the resolution, as follows: H. Res. 922 Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1147) to amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program under such Act to serve whole milk. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Education and the Workforce or their respective designees. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such further amendment may be offered only in the order printed in [[Page H6829]] the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit. Sec. 2. Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 357) to require the head of an agency to issue and sign any rule issued by that agency, and for other purposes. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) one motion to recommit. Sec. 3. Notwithstanding section 3(z) of House Resolution 5, on any legislative day of the second session of the One Hundred Eighteenth Congress before January 9, 2024-- (a) the Speaker may dispense with organizational and legislative business; and (b) the Journal of the proceedings of the previous day shall be considered as approved if applicable. The SPEAKER pro tempore. The gentlewoman from Minnesota is recognized for 1 hour. Mrs. FISCHBACH. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from Pennsylvania (Ms. Scanlon), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. General Leave Mrs. FISCHBACH. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Minnesota? There was no objection. Mrs. FISCHBACH. Mr. Speaker, we are here today to debate the rule providing for consideration of H.R. 357 and H.R. 1147. It provides a structured rule for H.R. 1147 and makes in order bipartisan and Republican amendments, provides 1 hour of debate equally divided and controlled by the Committee on Education and the Workforce, and provides one motion to recommit. The rule further provides for consideration of H.R. 357 under a closed rule, with 1 hour of debate equally divided and controlled by the Committee on the Judiciary and one motion to recommit. Under our Constitution, those who make the laws are accountable to those who elect them. Career Federal employees are not beholden to the voters of this Nation, and yet unelected bureaucrats across the Federal agencies--in one case in particular, a single low-level career employee--have been making thousands of rules that impact this country's voters and taxpayers. According to a recent Pacific Legal Foundation study, career employees and unconfirmed officials issued over 70 percent of the rules at the Department of Health and Human Services between 2001 and 2017. These rules have economic impacts on the people of this country, just as the laws we pass in this Chamber do, yet we are accountable to the voters who elect us. Federal employees are accountable to no one. Former President Trump addressed this issue with an executive order that required agencies' informal notice-and-comment rules to be initiated and signed by senior appointees, with exceptions. The Biden administration has revoked that. As a result of revoking this order, in 2021, Congress passed just 143 laws while Federal agencies issued 3,257 rules, costing taxpayers $1.927 trillion, or the equivalent of $14,684 per household. According to the study, only 2 percent of the Food and Drug Administration's rules were issued by principal officers, and 25 of these rules had an impact on the American economy of at least $100 million or had other substantial economic impacts. That means unelected bureaucrats, who are not accountable to the taxpayers, are costing those taxpayers thousands upon thousands of dollars. This majority has made a commitment to ensuring our Federal Government is held accountable. The Ensuring Accountability in Agency Rulemaking Act would lessen the power of career civil servants who are not accountable to the taxpayer. It would require, with exceptions, that rules be issued and signed by presidentially nominated and Senate- confirmed appointees. This upholds the Constitution by putting decisions in the hands of those who are held accountable to the American people. It improves the ways this government is by the people and for the people. We are also here to discuss the Whole Milk for Healthy Kids Act. Mr. Speaker, coming from one of the top dairy producing districts in the country, I am proud to stand here in support of this legislation. The bill expands milk options for the school lunch programs under the Richard B. Russell National School Lunch Act to include flavored, unflavored, whole, and reduced-fat milks. Whole milk has been demonized as unhealthy, but it is full of the calcium, potassium, vitamin D, and protein that growing kids need. Since the misguided Obama-era regulations were put in place that the Biden administration has chosen to continue, rather than seeing health improve, we have continued to see child health decline. We also have fewer people participating in the school lunch programs. Like many of the regulations that took place at the time, the milk restrictions are not having their intended effect. Meanwhile, dairy farmers in my district are struggling. Milk prices and demand remain stubbornly low, in most cases below the margin of your average dairy farm. For what purpose? Because the Federal Government places arbitrary restrictions on the meals our children can enjoy? This bill is a win-win for children and producers alike. It gets kids the nutrients they need while giving schools more flexibility to meet the needs of their students, and it provides a larger market for dairy farmers to sell their delicious product they stand proudly behind. Mr. Speaker, I support the underlying legislation, urge all Members to do so, and I reserve the balance of my time. Ms. SCANLON. Mr. Speaker, I thank the gentlewoman from Minnesota for yielding the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, Volodymyr Zelenskyy is here in the Capitol today. The President of Ukraine left his war-torn country to come to the United States to plead for our help in repelling Putin's murderous and unlawful invasion, in protecting his people, and in preserving their democracy. As he did so, Putin unleashed a devastating missile attack on Kyiv and was captured on video drinking champagne and toasting the downfall of Ukraine if its Western allies falter. President Zelenskyy came here to ask the United States to stand tall and honor its commitment to an ally, its commitment to democracy, and its commitment to upholding international law. In response, the United States House of Representatives is debating the merits of chocolate milk. We will not long remember the MAGA majority's great gas stove war of 2023 or their attempts to make it easier to kill the endangered lesser prairie-chicken, but the sad fact is, these bills have consumed weeks of precious floor time this year as the House majority struggles to pass any legislation of note. {time} 1230 The world will, however, remember if the United States fails to support Ukraine in its hour of need. President Zelenskyy, our NATO allies, and the American people should expect better from this Congress. Under this extremist majority, they are doomed to disappointment, which again brings us here today to debate chocolate milk. When I was home this past weekend, I had the chance to talk with many of [[Page H6830]] my constituents. I met with women small business owners to discuss their challenges. I talked to college students about their concerns regarding attacks on reproductive freedom here in the United States. I gathered with people in our community who have lost loved ones, neighbors, and friends to gun violence, and I listened to their calls for action on commonsense gun safety legislation. Overwhelmingly, people came to talk to me about making our country a place where all Americans, all children, can thrive. That means bringing down the cost of healthcare, childcare, household energy, and high-speed internet so families can care for their kids, heat their homes, and stay connected. This means investing in infrastructure, good-paying jobs, and public education so we can strengthen our economy, lower costs, build safer communities, and create opportunities so everyone has a shot at a brighter future. These are the things I came to Congress to do. In these last legislative days of the year, these aren't the things that House Republicans are doing. I would call it unbelievable except we have seen the same story play out over and over again in this Chamber all year. For months on end, MAGA extremists have dragged our country to the brink of default, nearly shut down the government twice, and even ousted their own Speaker. Pushed by the most extreme members of their Conference, they have brought chaos to the House floor. They have put up bills only for them to tank and have to be withdrawn as they fight among themselves. They spent 25 days just arguing over which one of them should be Speaker. This is all on the American people's dime. Now, with pressing challenges at home and around the world, they are pushing a completely discredited impeachment inquiry and other naked political stunts, all to distract from their own inability to govern. They have done nothing to deliver for the American people, and Americans deserve better than this. House Republicans refuse to get their act together. Today, they have brought to the floor two misguided and marginal bills that fail to address any of the major threats or concerns our country or our constituents face. Both bills open the door to the influence of more special interests in our government's functions. I should note that, today, we were supposed to consider two additional bills impacting our national security and individual rights. Due to infighting among Republicans and their own committee chairs, these measures were pulled last night from the schedule, leaving us with another wasted day of chaos and incompetence. The first bill we have today is H.R. 1147, which makes changes to school nutrition standards in a way that would undermine science and undo important progress made over the past 13 years. Schools play an essential role in our kids' health. For so many children, the meals they get at school represent the majority of calories and the most nutritious meals they consume all day. We saw this reality clearly during the first days of the pandemic when, as schools closed down, the prospect of missed school breakfasts and lunches threatened the health of children across America. The meals served in schools are based on the most recent set of dietary guidelines as determined by child nutrition experts. These guidelines stay current and are updated at least every 5 years. In fact, in February of this year, the Biden-Harris administration began the latest update. When I served on my local school board, and before as a Home and School president, I was involved in efforts to improve and implement what was at the time new Federal improved nutrition standards for our district's meals. Through that experience, I know just how important nutritious meals are to helping students succeed and form lifelong healthy habits. We have seen immense benefits since Congress passed the Healthy, Hunger- Free Kids Act in 2010. The research shows that the millions of children who participate in school meal programs have better overall diet quality than those who do not. Studies prove, despite arguments to the contrary, that students eat and enjoy these meals. When presented with healthy choices, they take them. Allowing whole milk, particularly flavored whole milk, to be served in schools is against current dietary recommendations and against the recommendation of experts, including the Academy of Nutrition and Dietetics, the American Heart Association, and the American Academy of Pediatrics. We know that too much saturated fat can raise bad cholesterol levels, a known cause of heart disease. Most troubling, many varieties of flavored milk that are pushed by this bill contain unhealthy chemicals, such as artificial colors and flavors, and nearly twice the amount of sugar as plain milk. At a time when one in five school-age children already has adverse cholesterol levels, we should not be making it easier to serve unhealthier meals in schools. This bill blatantly ignores the science. Even if you deny these facts, everyone should be able to admit we are long overdue for a comprehensive child nutrition reauthorization. We owe it to students and their families to consistently improve the meals that schools are serving. The last comprehensive reauthorization of the laws governing school meal programs was done 13 years ago. I wish the Republican majority would spend more time helping to pass comprehensive policies to support our schools as they work to provide healthier and more satisfying meals to our students within current nutritional standards. We should not waste time on this one-off change to serve special interests that circumvent the normal process for updating meal standards. I think we owe it to our children, their health, and their futures to let the experts guide what we are providing them to eat in schools. We should not allow politicians to make the decisions in what should be a science-based process. Today, we are also considering H.R. 357, another attempt by the Republican majority to derail the Federal rulemaking process. This is an unnecessary and vague bill designed to undermine the critical work of Federal agencies. It is part of a MAGA narrative that unfairly and untruthfully paints hardworking Federal employees, nonpartisan experts in their fields, as faceless bureaucrats who are somehow hostile to everyday Americans. The fact is that the regulatory process that our Republican colleagues seek to frame as a battle against some vast bureaucratic conspiracy is actually an essential part of ensuring that we all have clean air and water to breathe and drink, healthy food to eat, and safe planes, trains, and automobiles to travel in. The truth is that Congress already has a wide range of ways to exercise oversight and control over rulemaking. If the majority is so concerned about improving the process, they would join Democratic efforts to ensure corporate interests can't game that process. They would advocate for incorporating more public feedback in those agencies' decisions. They don't really want to make the process better. Instead, bills like this would create a bottleneck in our government's operations that will prevent rules that the Republican majority doesn't like. This bill would politicize the process of confirming nominees to administrative agencies even more than it is already. Individual Senators would have even more incentive to block an administration's nomination for partisan and corporate goals. More corporate influence would be allowed to infiltrate the Senate confirmation process. Ultimately, our agencies would be obstructed from doing important work to protect the American people's health and safety and making government function better. It is clear my Republican colleagues don't want to make our government work better. These aren't traditional conservatives. They are nihilists dedicated to grinding government to a halt. With this bill and their previous efforts to decimate Federal rulemaking, they prefer to upend the regulatory process, even if it improves the lives of Americans every single day. The Federal Government has long played an important role in promoting [[Page H6831]] the health, safety, and welfare of the American people. We should ensure that it is able to continue doing so. Again and again, we have seen this Republican majority prioritize the wrong things this year, and today is no different. They are using valuable floor time and committee time to pass marginal bills, enable their own infighting, and launch an act of petty political vengeance against the current President. Then, they are going to call it a year and go home for the holidays. This is an unacceptable way to govern. It is not governance at all. Mr. Speaker, I deeply oppose this rule, and I reserve the balance of my time. Mrs. FISCHBACH. Mr. Speaker, I want to comment that rules and rulemaking is one of the things that I hear from my constituents. It is one of the most important things that they talk about and call me about when they have concerns. I think H.R. 357 simply makes the process accountable the way it should be. We should not have bureaucrats making rules from D.C. for farms in Minnesota or for a variety of streams and waterways in Minnesota when they are not there seeing it. I think this is an important part of the government being responsive and accountable to the American people. I find it very important that we need to get the rulemaking under control. Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Langworthy). Mr. LANGWORTHY. Mr. Speaker, I rise today to support the rule that includes consideration of the Whole Milk for Healthy Kids Act, an important step to ensuring America's children have access to healthy, nutritious options in their school cafeterias. I represent the southern tier of New York, known for its proud tradition of dairy farming. Today, the southern tier is one of the top dairy-producing areas of the country. The entire Nation, including our Nation's children, depend on the ability of farmers to make ends meet and to get their products onto shelves, whether it is in our grocery stores or our school cafeterias. Time and again, we have listened to the challenges dairy farmers are facing, from regulatory overreach, including from the Biden administration, to the volatility in the marketplace that is putting their long-term survival at risk. The Biden administration's latest changes to the USDA Dietary Guidelines, restricting access to whole milk for children in school cafeterias, are certainly not helpful either. Contrary to what this administration claims, the science is indisputable here. Milk provides essential minerals and nutrients for growing children. Sadly, thanks to the overreaching policies of bureaucrats here in Washington, the vast majority of America's children are unable to meet the recommended levels of dairy consumption necessary for their health and growth. Mr. Speaker, we need to ensure that all milk options, including whole milk produced by dairy farmers like those in New York's southern tier, are available to America's kids in school. That starts by passing H.R. 1147 and reversing the Biden administration's scientifically unsubstantiated Dietary Guidelines. Mr. Speaker, I am proud to be a cosponsor of the Whole Milk for Healthy Kids Act. As a member of the House Agriculture Committee, I look forward to supporting this legislation and ensuring that we don't take healthy, nutritious whole milk from America's kids. Ms. SCANLON. Mr. Speaker, I yield myself such time as I may consume. The epidemic of gun violence has touched every corner of America, tragically devastating families, tearing apart communities, and scarring schoolchildren. In 2022, nearly 50,000 people died by guns, an average of one person every 11 minutes. This includes almost 20,000 homicides. Mass shootings skyrocketed from 272 in 2014 to 645 last year. In 2020, firearms became the leading cause of death for American children and adolescents. From 2013 to 2022, there was a staggering 87 percent increase in the child and teen firearm death rate. In 2023, the heartbreak has only continued. As of today, there have been over 40,000 lives lost and over 630 mass shootings. Over 800 schoolchildren 11 years old or under have been killed or injured with guns. Over 4,000 school-age teens have been touched by gun violence. The American people are crying out for Congress to act. Yet, the House of Representatives is using its precious time to debate chocolate milk. The American people deserve better. House Democrats are ready to work with Republicans to tackle this epidemic. If we defeat the previous question today, I will offer an amendment to the rule to bring up H.R. 715, a bipartisan bill to require a background check for every firearm sale. Mr. Speaker, I ask unanimous consent to insert the text of my amendment into the Record, along with any extraneous material, immediately prior to the vote on the previous question. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Pennsylvania? There was no objection. {time} 1245 Ms. SCANLON. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Thompson). Mr. THOMPSON of California. Mr. Speaker, I thank the gentlewoman for yielding. Like the gentlewoman, I spent my entire weekend in my district, and not one person came to me asking me to change the law on chocolate milk. We have important work to do, Mr. Speaker, and I rise in support of taking action to end the gun violence epidemic. This holiday season, there will be another 40,000 empty chairs at the dinner table because that is how many people died from gun violence in 2023. We have had 636 mass shootings this year so far. We have had more mass shootings than days of the year. On one day in April, there were 11 mass shootings. In America, the greatest country in the history of the world, guns are the leading cause of death for children and teenagers. American children face the daily threat of gun violence in schools, churches, temples, and mosques. They face the risk of gun violence in grocery stores, shopping centers, and in their own homes. Instead of taking action to protect our kids from gun violence, House Republicans have used valuable floor time playing political games, and this week is just more of the same. Recently, a House Republican colleague stood on this floor and begged for anyone in their party to come to the floor and name one accomplishment that the Republicans have been able to do that would allow people's lives to be made better. There is an accomplishment in reach. Today, I call on Republicans to join Democrats and pass the Bipartisan Background Checks Act. Background checks are popular. They are supported by over 90 percent of the American people, including a majority of Republicans and even a majority of NRA members. Mr. Speaker, background checks are effective. Every day, background checks stop more than 160 felons and more than 60 domestic abusers from getting a gun from a federally licensed dealer. The SPEAKER pro tempore. The time of the gentleman has expired. Ms. SCANLON. Mr. Speaker, I yield an additional 30 seconds to the gentleman. Mr. THOMPSON of California. Mr. Speaker, I urge my colleagues to oppose the previous question so we can pass the Bipartisan Background Checks Act, save lives, and help ensure that more American families never have to suffer the loss of a loved one. Mrs. FISCHBACH. Mr. Speaker, I am prepared to close, and I reserve the balance of my time. Ms. SCANLON. Mr. Speaker, I am prepared to close, as well, and I yield myself the balance of my time. With the rule we consider today, the Republican majority ends a failed year in the choke hold of its most extreme members. They are finishing out 2023 as they started: unproductive, ineffective, and unconcerned for the American people. They have ignored the real problems facing our Nation today, issues like the gun violence crisis, ongoing threats to Americans' fundamental freedoms, access to economic opportunity and good-paying jobs, and threats to our national security. [[Page H6832]] They have filled this Chamber with culture wars and conspiracies and pushed policies that would hurt our children, families, students, seniors, members of the Armed Forces, and workers. They have turned their backs on our allies: democracies standing in the breach against forces that pose serious threats to our own national security. They have wasted days, weeks, and months with cheap political stunts all to the detriment and on the dime of our constituents. Congress is supposed to work for the people, and this is not what the people sent us here to do. Mr. Speaker, I urge my colleagues to put people over politics and to oppose the previous question and the rule, and I yield back the balance of my time. Mrs. FISCHBACH. Mr. Speaker, I yield myself the balance of my time. I do just want to comment that I was in my district this weekend, and I heard a lot about out-of-control rulemaking at the Federal level by the government in general. Do you know what, Mr. Speaker? I did hear about whole milk, so I do think the issues we are dealing with are of concern to the American people. Moreover, I am proud of my colleagues for following through on their commitments to the American people. The Whole Milk for Healthy Kids Act directly responds to constituents who want to expand the options for healthy drinks in our school. Expanding the Richard B. Russell National School Lunch Act to include flavored, unflavored, whole, and reduced fat milk options decreases the control Washington has over the day-to- day choices Americans make and increases the chance that a kid will reach for a milk over a soda. The Ensuring Accountability in Agency Rulemaking Act holds the government accountable by requiring rules made in Federal agencies to be issued and signed by presidentially nominated and Senate-confirmed appointees, ensuring the rules made in Federal agencies are beholden to taxpayers' priorities. Mr. Speaker, I support the rule and the underlying legislation. The material previously referred to by Ms. Scanlon is as follows: An Amendment to H. Res. 922 Offered by Ms. Scanlon of Pennsylvania At the end of the resolution, add the following: Sec. 4. Immediately upon adoption of this resolution, the House shall proceed to consideration of the bill (H.R. 715) to require a background check for every firearm sale. All points of order against consideration of the bill are waived. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill and on any amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary or their respective designees; and (2) one motion to recommit. Sec. 5. Clause 1(c) of rule XIX shall not apply to the consideration of H.R. 715. Mrs. FISCHBACH. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The SPEAKER pro tempore. The question is on ordering the previous question. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Ms. SCANLON. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question are postponed. ____________________