On the recordFebruary 4, 2015
I thank my friend. Mr. Chairman, I think we do have something to be concerned about with this provision of the bill, and I rise enthusiastically to support Mr. Cummings' amendment. He has raised serious issues about the constitutional nature of this provision which could take down the whole bill. I was working in the United States Senate at the time of the Chadha rendering by the Supreme Court, and it is crystal clear. It is crystal clear to me that this retrospective provision, empowering Congress, tantamount to a legislative veto, though we don't call it that, is an encroachment on executive authority, and will be so found by courts. Therefore, I think it is prudent for this body to adopt the Cummings amendment and clear that constitutional cloud that hangs over H.R. 50.
