E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION

Vol. 165 WASHINGTON, FRIDAY, SEPTEMBER 20, 2019 No. 152 Senate The Senate was not in session today. Its next meeting will be held on Monday, September 23, 2019, at 3 p.m. House of Representatives FRIDAY, SEPTEMBER 20, 2019

The House met at 9 a.m. and was Mr. BLUMENAUER. Madam Speaker, triumph, and above all, family and called to order by the Speaker. I object to the vote on the ground that friendship. Richard lost his childhood f a quorum is not present and make the sweetheart and beloved wife, Doris, too point of order that a quorum is not young, but he poured his energy into PRAYER present. his work, into his 4 children and 12 The Chaplain, the Reverend Patrick The SPEAKER. Pursuant to clause 8, grandchildren, and into his large and J. Conroy, offered the following prayer: rule XX, further proceedings on this loyal network of friends. God of all creation, thank You for question will be postponed. Richard was a wise lawyer, a far- giving us another day. At the end of a The point of no quorum is considered sighted businessman, a real estate de- very busy week, we ask Your blessing withdrawn. veloper, and an influential player at upon the Members of this people’s f the highest levels of American and House. As they face a rare short week- PLEDGE OF ALLEGIANCE Florida politics. Richard was a proud end, may they be refreshed so as to re- Orlando native and foresaw the city’s turn for a busy week to address the sa- The SPEAKER. Will the gentleman potential before nearly anybody else. lient issues of these days. from Ohio (Mr. CHABOT) come forward Richard did as much as any man to We ask Your blessing today for the and lead the House in the Pledge of Al- transform Orlando into the wonderful people in and around Houston, who legiance. place it is today. again find themselves dealing with se- Mr. CHABOT led the Pledge of Alle- Richard was best known as a cham- rious damages due to flooding. May giance as follows: pion of the political causes and can- they and those many first responders I pledge allegiance to the Flag of the didates he cared about. He was com- United States of America, and to the Repub- be safe as they begin the recovery of mitted to the concept of responsible their community. lic for which it stands, one nation under God, and engaged citizenship. May all that is done be for Your indivisible, with liberty and justice for all. At the service celebrating Richard’s greater honor and glory. f Amen. life, his granddaughter Caroline read ANNOUNCEMENT BY THE SPEAKER an excerpt from Teddy Roosevelt’s f The SPEAKER. The Chair will enter- speech, ‘‘The Man in the Arena.’’ Rich- THE JOURNAL tain up to five requests for 1-minute ard never sat on the sidelines. He was The SPEAKER. The Chair has exam- speeches on each side of the aisle. always in the arena, striving valiantly ined the Journal of the last day’s pro- f and daring greatly. ceedings and announces to the House Richard was a pillar of our central HONORING RICHARD SWANN her approval thereof. Florida community. He will be deeply Pursuant to clause 1, rule I, the Jour- (Mrs. MURPHY of Florida asked and missed by all of us who had the honor nal stands approved. was given permission to address the to call him a friend. Mr. BLUMENAUER. Madam Speaker, House for 1 minute and to revise and f pursuant to clause 1, rule I, I demand a extend her remarks.) CONGRATULATING CINCINNATI vote on agreeing to the Speaker’s ap- Mrs. MURPHY of Florida. Madam STATE TECHNICAL AND COMMU- proval of the Journal. Speaker, I rise to honor the extraor- The SPEAKER. The question is on dinary life and enduring legacy of NITY COLLEGE ON ITS 50TH AN- the Speaker’s approval of the Journal. Richard Swann, a constituent of mine NIVERSARY The question was taken; and the who recently passed away. (Mr. CHABOT asked and was given Speaker announced that the ayes ap- Richard’s life was overflowing with permission to address the House for 1 peared to have it. action and accomplishment, trial and minute.)

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0636 Sfmt 0634 E:\CR\FM\A20SE7.000 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7840 CONGRESSIONAL RECORD — HOUSE September 20, 2019 Mr. CHABOT. Madam Speaker, I rise kets for a number of our U.S. agricul- standard. Most people drive cars these today to thank and congratulate Cin- tural products. days that are somewhere around 25 to cinnati State Technical and Commu- In Georgia, 22,558 jobs depend on 33 miles per gallon. They would be nity College for 50 years of service to manufacturing exports to Canada and forced into very small cars that don’t the greater Cincinnati community. Mexico. fit their family’s needs. I have been privileged to visit Cin- Passing this trade agreement would What the administration is seeking cinnati State many times, most re- also strengthen our already vibrant to do is freeze this timeline at 37 miles cently the Evendale campus to see economy. The USMCA can add another per gallon until technology can catch firsthand the opportunities they pro- 176,000 new jobs and add $68.2 billion to up, et cetera, so people can choose to vide to so many students. With four GDP growth. buy cars that fit their lives. Under the campuses, small class sizes, and over Let’s ensure free and fair trade while old rule and what the California Air 100 associate degree programs, Cin- granting our farmers, ranchers, and Resources Board is trying to foist upon cinnati State is truly an excellent col- manufacturers the protections they de- all 50 States in meeting the Obama lege. serve. rule, they will not have that choice Perhaps most notably, Cincinnati I urge my Democratic colleagues to anymore. State plays a critical role in devel- end these partisan politics and pass Unfortunately, a few scared auto- oping our region’s workforce. Through USMCA or, at the very least, put the makers have sat down with CARB to extensive co-op programs and relation- bill on the House floor for a vote. try to cut a deal to fix the one they ships with the University of Cincinnati f agreed to a few years ago with no real and 600 industry partners, Cincinnati idea of how they would meet 55 miles CONGRATULATING DR. NEIL State paves many career paths, espe- per gallon with current technology and SHARKEY ON HIS RETIREMENT cially for nontraditional students. physics at the time. At this point, Finally, I thank Dr. Monica Posey (Mr. THOMPSON of Pennsylvania there are very few 55-mile-per-gallon for her dedication to making Cin- asked and was given permission to ad- vehicles to even choose from. Most peo- cinnati State an even greater asset to dress the House for 1 minute and to re- ple don’t want to buy those cars be- our community. vise and extend his remarks.) cause it doesn’t fit their family, their Congratulations to Cincinnati State Mr. THOMPSON of Pennsylvania. life, what they want, and what they de- on its 50th anniversary. We look for- Madam Speaker, I rise today to recog- sire. ward to many more. nize and congratulate a friend and edu- CARB is trying to foist that on all 50 f cational leader, Dr. Neil Sharkey, vice States, and auto manufacturers will be president for research at Penn State herded toward it by desiring to make STAND UP FOR CONSUMERS BY University, upon his retirement. the same car type for all 50 States, not SUPPORTING FAIR ACT For the last 22 years, Dr. Sharkey just California. This needs to be (Mr. BLUMENAUER asked and was has managed, facilitated, and advanced stopped, and we must draw the line given permission to address the House the university’s entire research port- here. for 1 minute.) folio to dig deeper and discover innova- f Mr. BLUMENAUER. Madam Speaker, tive solutions to society’s most chal- FORCED ARBITRATION INJUSTICE every day, thousands of Americans un- lenging questions. REPEAL ACT wittingly sign contracts for nursing Under Dr. Sharkey’s leadership, Penn homes, credit cards, and employment State’s research expenditures reached GENERAL LEAVE contracts that surrender their rights to an all-time high in 2017 and 2018, total- Mr. CICILLINE. Mr. Speaker, I ask their day in court before an impartial ing $927 million. This investment in the unanimous consent that all Members judge and jury. university’s research has helped fund have 5 legislative days in which to re- Instead, buried in the fine print of important research projects in life vise and extend their remarks and in- the contract, they agree to rely on an sciences, cyber science, social science, sert extraneous material on H.R. 1423, arbitrator who doesn’t have to follow cancer research, energy and the envi- Forced Arbitration Injustice Repeal the law or facts and will have every in- ronment, and a variety of other inter- Act, or the FAIR Act. centive to favor the special interests disciplinary fields. The SPEAKER pro tempore (Mr. that could give them repeat business. Before his position as vice president BLUMENAUER). Is there objection to the Typically, arbitration is not public. of research, Dr. Sharkey served as the request of the gentleman from Rhode The Wells Fargo practice of opening associate dean for research and grad- Island? unauthorized bank accounts would uate education in the College of Health There was no objection. The SPEAKER pro tempore. Pursu- have undoubtedly been exposed and and Human Development, as well as a ant to House Resolution 558 and rule ended sooner if Wells Fargo hadn’t en- professor of kinesiology. XVIII, the Chair declares the House in forced mandatory arbitration. I always say we cannot make good the Committee of the Whole House on This is our chance to stand up for decisions without good data. Dr. the state of the Union for the consider- consumers, justice, and fairness. I urge Sharkey has been a leader in this feat, ation of the bill, H.R. 1423. my colleagues to support H.R. 1423, the and I wish him the best of luck as he The Chair appoints the gentlewoman FAIR Act. embarks on his new endeavors. from Illinois (Ms. UNDERWOOD) to pre- f f side over the Committee of the Whole. ENSURE FREE AND FAIR TRADE ALLOW AMERICANS TO PURCHASE b 0912 VEHICLES THAT FIT THEIR NEEDS (Mr. ALLEN asked and was given IN THE COMMITTEE OF THE WHOLE permission to address the House for 1 (Mr. LAMALFA asked and was given Accordingly, the House resolved minute and to revise and extend his re- permission to address the House for 1 itself into the Committee of the Whole marks.) minute and to revise and extend his re- House on the state of the Union for the Mr. ALLEN. Madam Speaker, every marks.) consideration of the bill (H.R. 1423) to day that Speaker PELOSI delays a vote Mr. LAMALFA. Madam Speaker, I amend title 9 of the United States Code on the United States-Mexico-Canada rise today to applaud the efforts of U.S. with respect to arbitration, with Ms. Agreement, American workers and EPA Administrator Andrew Wheeler UNDERWOOD in the chair. their families are hurt. Right now, and Department of Transportation Sec- The Clerk read the title of the bill. farmers, ranchers, and businesses in retary Elaine Chao with regard to the The CHAIR. Pursuant to the rule, the Georgia and across the country face unreasonable automobile fuel mileage bill is considered read the first time. unnecessary uncertainty. standards put upon consumers by a 2015 General debate shall be confined to This trade deal is vital to our econ- Obama-era rule. the bill and shall not exceed 1 hour omy, and passing USMCA would be a In only 5 model years from now, all equally divided and controlled by the huge win for the American people. Can- U.S. cars would have to average 55 chair and ranking minority member of ada and Mexico both serve as top mar- miles per gallon under this current the Committee on the Judiciary.

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.002 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7841 The gentleman from Rhode Island Kevin notified his employer and con- have plagued the judicial system in re- (Mr. CICILLINE) and the gentleman from veyed his desire to resume work upon cent decades. Georgia (Mr. COLLINS) each will control his return, but after over 2 years with That is not to say that the arbitra- 30 minutes. the company, on the last day of work, tion system is perfect, but the arbitra- The Chair recognizes the gentleman right before his deployment to Afghan- tion system is generally good and from Rhode Island. istan, following a farewell party with a should be preserved. Mr. CICILLINE. Madam Chair, I yield big cake with a symbol of the United Unfortunately, that is not what the myself such time as I may consume. States flag on it, he was fired by his forced injustice repeal act would do. Madam Chair, I rise in strong support employer for serving his country. Rather than preserve and strengthen of H.R. 1423, the Forced Arbitration In- When he tried to hold his employer arbitration, it would wipe it out for justice Repeal Act, or the FAIR Act. accountable for violating his rights enormous numbers of consumer and Buried deep within the fine print of under USERRA, his company forced his employment disputes, as well as many everyday contracts, forced arbitration claim into arbitration, citing an arbi- civil rights and antitrust disputes. deprives American consumers and tration clause in Kevin’s employment What that would do is not end injus- workers of their day in court when contract that he was required to sign 6 tice, but it would actually promote it. they attempt to hold corporations ac- months into his employment waiving Because what happens when everyday countable for breaking the law. This his constitutional right to a jury trial. consumers and employees are denied private system lacks the procedural This outrageous practice is nothing rights to arbitrate, rights their con- safeguards of our justice system. It is short of a corporate takeover of our tracts guarantee them? In far too not subject to oversight, has no judge Nation’s system of laws, and the Amer- many cases, it means Americans will or jury, and is not bound by laws ican people have had enough. The over- be shut out of the justice system en- passed by Congress or the States, but it whelming majority of voters, including tirely. has become a requirement of everyday 83 percent of Democrats and 87 percent If their claims are small enough for life. Consumers and workers must sur- of Republicans, support ending forced small claims court, there may be an render their rights to corporations arbitration. It is time to act. option. In 46 States and the District of through forced arbitration clauses, H.R. 1423, the FAIR Act, does just Columbia, however, small claims which are unilaterally imposed by that. This important legislation ends courts only take claims worth $10,000 companies before disputes even arise. the use of forced arbitration in every- or less; 30 of those jurisdictions limit it When forced arbitration is combined day consumer, employment, antitrust, to $5,000 or less. with nondisclosure agreements, it ef- and civil rights abuses. It is supported Millions of claimants with cases fectively silences the victims of ramp- by a broad coalition of groups dedi- worth amounts not much more than ant corporate misconduct. This shame- cated to advancing the rights of those ceilings will never be able to pay ful, humiliating, and corrupt system women, servicemembers, veterans, con- the courtroom lawyers enough to take has isolated and silenced people who sumers, and hardworking Americans. their cases to ordinary trial courts. are ultimately deprived of their right Madam Chair, I reserve the balance Maybe if the claimants could qualify to hold wrongdoers accountable of my time. as plaintiffs in a class action, they through their day in court. Mr. COLLINS of Georgia. Madam could join those actions. Millions more Few instances of this silencing effect Chair, I yield myself such time as I will not. And even those who do can ex- are as stark and disturbing as the expe- may consume. pect to get nothing in return but a riences of victims of sexual harassment I rise in opposition to the bill and postcard telling them they have won a and assault, who are routinely ex- will speak to that. few dollars and cents on a coupon. ploited by forced arbitration. Arbitration—let’s go back to some Meanwhile, class action plaintiffs’ Forced arbitration has also eroded basics here—provides consumers a sim- trial lawyers will reap multimillion- the fundamental rights of our Nation’s pler, cheaper, faster path to justice dollar shares in fees from the recov- men and women in uniform, veterans, than does the judicial system. That is eries they dole out to plaintiff class and their families. These brave Ameri- what the evidence showed the last time members at mere pennies on the dollar. cans have sacrificed much in service to the Judiciary Committee performed If you ask me, it would be better to our country. They have fought to pro- oversight of the arbitration system call this bill the forced class action in- tect the fundamental idea that we are during the 111th Congress, and that is justice guarantee act today. a Nation of laws and institutions that what the evidence showed earlier this Rather than wipe out arbitration, we guarantee the rights to every Amer- term when we renewed oversight in the should consider ways to make it better; ican and that every American should Subcommittee on Antitrust, Commer- and, while we do that, we should do ev- have the freedom to enforce these cial and Administrative Law. erything we can to reform the abuse of rights meaningfully. In fact, the evidence in favor of pre- the class action system. But for too long, arbitration has serving access to arbitration has only Senate Judiciary Chairman GRAHAM eroded these fundamental protections increased over time. Companies are suggested that we ought to do just that by forcing servicemembers’ claims into continuing to improve the fairness of at a Senate Judiciary Committee hear- a private system set up by corpora- arbitration agreements and have long ing on arbitration earlier this year, tions. The Military Coalition, which been following improved arbitration and he was exactly right. The worst re- represents 5.5 million current and protocols to help assure due process is sult Congress could deliver to the former servicemembers, The American given to claimants against them. American people would be to wipe out Legion, and 29 other military service The market resolved problems in access to arbitration while leaving organizations, notes that forced arbi- consumer credit arbitrations consid- them no alternative but an unreformed tration has funneled the claims of serv- ered during the 110th and 111th Con- judicial system. icemembers, veterans, and their fami- gresses. A string of new Supreme Court Before I yield back, Madam Chair, lies into ‘‘a rigged, secretive system in decisions has demonstrated the Court’s this is something that is disturbing to which all the rules, including the confidence in the arbitration system. me, because this is a bill that my gen- choice of the arbitrator, are picked by Even the Consumer Financial Protec- tleman friend just stated there is a list the corporation.’’ tion Bureau’s 2015 study of arbitration of horribles here, there is a list of highlighted problems consumers would horribles of abuse, sexual abuse, mili- b 0915 face if they had no access to arbitra- tary. Let me give an example. Lieutenant tion but, instead, had to rely on flawed All of these could have been ad- Commander Kevin Ziober, who testi- judicial class actions. The study shows dressed if we had sat down, as a Con- fied in support of the FAIR Act earlier the rise of predispute, mandatory bind- gress should do, as I told the chairman this year, has served in the U.S. Navy ing arbitration agreements in con- during the markup: Mr. Chairman, if Reserves since 2008, but in the fall of sumer settings did not come out of no- we would have just sat down and 2012, he was called into Active Duty for where. It stems directly from the re- talked about the issues facing us, we deployment to Afghanistan. peated abuses of class actions that wouldn’t be facing a veto threat from

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.003 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7842 CONGRESSIONAL RECORD — HOUSE September 20, 2019 anywhere, we wouldn’t be facing a Sen- hidden in take-it-or-leave-it contracts. print are used to trick rising entre- ate that is not going to take this up, People like Diana, from my home preneurs in their dealings with sophis- and we could have found a bill that State of Georgia. ticated conglomerates. would not have had to have a rule. It Diana, after 5 years at Kay Jewelers, Small businesses need to sign con- could have been on suspension. Because learned she was making less than her tracts for phone plans, credit cards, we could have found the ways to fix the more recently hired, less experienced and rental cars, but too often, lurking arbitration system, make sure that male colleagues; but because of her in the fine print, a few words can cost there is access, and protect those who forced arbitration clause she was them their constitutional right to need protecting without putting a par- tricked into signing, she couldn’t get their day in court. With this bill, our tisan bill on the floor that simply will the backpay that she deserved. She is entrepreneurs can focus on growing take people out of the system instead one of millions of victims who have their businesses and investing in our of including them, but be very profit- been denied justice because they unwit- communities. able for those who do class action law- tingly signed away their right to take Madam Chair, I ask my colleagues to suits. a wrongdoer to court. join me in supporting this bill. Let’s be honest about what is hap- It is not fair and it is not right. If Mr. ARMSTRONG. Madam Chair, I pening here. We are taking people out you believe in consumer rights, then want to quote Justice Breyer in a Su- of the system, not putting them in. We you should support the FAIR Act. preme Court opinion: are not really protecting them; we are The CHAIR. The time of the gen- The typical consumer who has only a small actually hurting them. And this is the tleman has expired. damage claim, who seeks, say, the value of issue that could have been fixed with a Mr. CICILLINE. Madam Chair, I yield only a defective refrigerator or television set true working Congress, in a true work- an addition 30 seconds to the gen- would be left without any remedy but a ing committee. We just don’t have that tleman. court remedy, the costs and delays of which right now, and that is sad. That makes Mr. JOHNSON of Georgia. Madam could eat up the value of an eventual small us all the worse in doing this. Chair, if you believe in consumer recovery. Madam Chair, I reserve the balance rights, then you should support the Madam Chair, I yield 3 minutes to of my time. FAIR Act; and if you believe in justice the gentleman from California (Mr. Mr. CICILLINE. Madam Chair, I and the rule of law, then you should MCCLINTOCK), my friend. would just remind the gentleman that vote to pass the FAIR Act. Mr. MCCLINTOCK. Madam Chair, this is a bipartisan piece of legislation, Madam Chair, I want to thank my this bill purports to assert a very im- and the most recent polling shows 87 colleagues who have worked so hard to portant constitutional right: the right percent of Republicans and 83 percent support this bill—Congressman CART- to trial by jury in civil actions. But it of Democrats support it. So it is broad- WRIGHT, Congressman CICILLINE, Con- does this by denying another very im- ly bipartisan all across the country. It gressman RASKIN, Congresswoman portant constitutional right: the free- is bipartisan in terms of its introduc- JAYAPAL, and, last but not least, Chair- dom of unimpaired contract, the right tion and sponsorship. It is just not bi- man NADLER—for their work in getting of two parties to agree to exchange partisan in the Republican caucus, ap- this bill to the brink of passage today. goods and services according to their parently. Mr. COLLINS of Georgia. Madam own best judgment. Madam Chair, I yield 2 minutes to Chair, yes, it is me, and I do speak Now, because of the excesses and ex- the gentleman from Georgia (Mr. JOHN- truth here, and I will acknowledge penses and uncertainties that have SON). He is not only a distinguished there is one Republican cosponsor of plagued our civil courts, many con- Member; he is the lead sponsor and au- this bill. It is bipartisan in that regard. sumers and producers and many em- thor of the FAIR Act. However, it could have had 100 or more ployees and employers find it mutually Mr. JOHNSON of Georgia. Madam Republican cosponsors if we would advantageous to waive their right to Chair, it is strange, because my friends have actually done legislation. civil jury trials in any disputes be- on the other side of the aisle are not Instead, my gentle friend from Geor- tween them in favor of simpler, cheap- interested in working on anything to- gia just gets up and repeats trite state- er, and faster arbitration. gether. They are only interested in giv- ments about what Republicans want to Now, the proponents tell us that it is ing tax cuts to the top 1 percent and do and what Republicans don’t want to an uneven playing field and this re- the big corporations, and they are in- do. That is the problem we have right quirement is often imposed in nonnego- terested in privatizing everything. And here. That is the problem, why we tiable, take-it-or-leave-it propositions. a privatized justice system is the ulti- don’t have legislation that actually First of all, this isn’t exactly true. mate injustice, and that is what forced works and will actually get signed and Every employee and every consumer, arbitration is all about. no matter how weak and vulnerable, The FAIR Act would restore justice put into law. has an absolute defense against a bad to millions of Americans. Remember, a bill that only comes We are a country of justice and fair through one part and cannot get agreement: It is the word, ‘‘no.’’ No, play. When people cheat, we take pride through to get a President’s signature the pay isn’t good enough; no, the price in holding them accountable before a is simply a political statement. That is is too high; no, I don’t like the terms, jury in a court of law; but forced arbi- what we are doing today. and I am taking my business else- tration clauses hidden in the fine print Madam Chair, I yield the balance of where. deprive victims of their day in court my time to the gentleman from North Even when there aren’t good alter- before a jury of their peers. Dakota (Mr. ARMSTRONG) so he may natives, the fact is that every provision Using forced arbitration, corpora- manage the remainder of the time. in a contract is a take-it-or-leave-it tions force victims into secret pro- Mr. ARMSTRONG. Madam Chair, I proposition if one side or the other in- ceedings where the deck is stacked reserve the balance of my time. sists on it. The question for each side is against them. Predictably, the end re- Mr. CICILLINE. Madam Chair, I yield whether the totality of the contract is sult is the corporation wins, and the 1 minute to the gentlewoman from beneficial to them or not. It is my victim is deprived of justice. Georgia (Mrs. MCBATH), who has been a right to make that decision for myself And because the proceeding is secret, fierce advocate for workers and con- without somebody in government mak- the public never learns what happened. sumers. ing it for me. We won’t know which corporation tol- Mrs. MCBATH. Madam Chair, I rise Now, remember, an arbitration provi- erates a climate and a culture of sexual in support of the FAIR Act, a bipar- sion binds both sides. For example, I harassment of its employees or which tisan bill introduced by my friend and am not a lawyer. I can’t afford to hire corporation fraudulently overcharges fellow Georgian, Congressman JOHN- one to take a big company to court. its customers or which nursing home SON. For me, binding arbitration helps level has a sordid history of mistreating its I am proud to cosponsor this bill the playing field by providing an inex- patients. which will help small businesses by pensive alternative that the company For too long, people have been ending the use of forced arbitration. must abide by. This bill takes that pro- tricked by complicated legal jargon These tiny clauses hidden in the fine tection away from me.

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.005 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7843 According to the U.S. Chamber of agreements, too often, are the result of lationship is dissolving, is because you Commerce, through arbitration, em- power imbalances that block claims want to put terms in place before prob- ployees prevail three times more often, from judicial remedies in employment, lems arise. And the reason is when you recover twice as much money, and re- consumer, antitrust, and civil rights go to arbitration in these types of solve their claims more quickly than if disputes. cases, one side will be so disadvantaged they went through the civil courts in The FAIR Act is critical for pro- by arbitration they would never agree litigation; and, in most cases, the em- tecting the rights of women, in par- to it. ployer pays the entire cost of arbitra- ticular, who have faced gender dis- But probably the most egregious part tion. crimination and sexual harassment in of this bill is the fact that we are retro- According to one study, in claims be- the workplace. We have all heard the actively applying it to hundreds of tween $10,000 and $75,000, the consumer disturbing reports of tens of thousands thousands, if not millions, of existing claimant was charged an average of of women employed at one large com- contracts. So things that were agreed $219. Now, you compare that to the cost pany who alleged that they were paid to, either employee-vendor or vendee of hiring an attorney and taking on an less than their male colleagues. They relationships, now will be null and void entire corporate legal department. were passed over for promotions to and we will be rewriting the rules of The net result of this bill will be management positions multiple times the game sometimes decades after it higher prices for products and lower in favor of men with less experience. has occurred. wages for workers as companies factor They faced unwanted sexual advances So it is important to recognize that— the higher cost of litigation into their and attempted assault at company and I would just end with this—prob- business models, and, meanwhile, it de- meetings. At least one Floridian was ably the most toxic area of law we have nies consumers and employees the free- fired after she reported one of her supe- everywhere in the country, is family dom to choose a much simpler and less riors tried to kiss and touch her law—and only in a place where you can expensive way to resolve their dis- against her will. be in absolute love can you learn to putes. Employees who face mistreatment hate somebody that bad—courts are moving towards arbitration prior to b 0930 deserve justice and they deserve their day in court. Making forced arbitration dispute resolution in order to deal with Mr. CICILLINE. Madam Chair, I yield a condition of employment takes away it. If anybody has ever dealt with that myself such time as I may consume. their day in court and it frustrates the or practiced in that area of law, there Madam Chair, my colleagues on the pursuit of justice. are reasons why this occurs, and it is other side of the aisle have argued that The CHAIR. The time of the gen- so you can try to arrange it. forced arbitration is cheaper or easier tleman has expired. I agree there are abuses. I agree with than litigation and that consumers and Mr. CICILLINE. Madam Chair, I yield Ranking Member COLLINS that there workers should have a choice. an additional 30 seconds to the gen- are plenty of things we could look at to The FAIR Act doesn’t take away tleman from Florida. do, but we cannot throw the whole sys- anybody’s choice. It restores choice. It Mr. DEUTCH. Forced arbitration pro- tem out because you are going to have restores choice that has been taken visions strip employees of their rights. a broad swath of cases that no longer away from the American people by big They ensure that employees are no have any legal access. Madam Chair, I reserve the balance corporations that don’t want to face li- match for their employers when it of my time. ability or public scrutiny for their ac- comes to reporting discrimination and tions. This is a complete misrepresen- Mr. CICILLINE. Madam Chair, I harassment. would point out the family law cases tation of what the bill does. Today, this House of Representatives that my friend just referenced, of The FAIR Act does not ban arbitra- has the opportunity to restore the course, are voluntary arbitration pro- tion. It eliminates forced arbitration rights of all workers to seek justice ceedings post dispute. This bill has that is imposed on everyday consumers and public accountability. nothing to do with that. This is pre- and hardworking Americans before a Madam Chair, I urge my colleagues dispute forced arbitration. dispute even arises. to support and pass the bipartisan Madam Chair, I yield 1 minute to the And the notion that you have a FAIR Act. distinguished gentlewoman from Con- choice, most consumers don’t even Mr. ARMSTRONG. Madam Chair, I necticut (Ms. DELAURO), a champion know it is happening. When you check yield myself such time as I may con- for women, and a Member of Congress that box on the contract for your sume. who has fought to be sure that women phone or your cable, you have given Madam Chair, I agree with my friend have their rights vindicated against away your right to have your claims from Florida; sexual assault cases powerful corporations for a very long heard. It is very widespread in con- should never be a part of forced arbi- time. sumer employment contracts. tration, ever, under any circumstances. Ms. DELAURO. Madam Chair, forced These clauses are hidden, very often, The problem is, when we are doing arbitration is one of the central ways from consumers and workers. They ap- that and moving into this, we are also that corporate America has rigged the pear inside of envelopes and delivery taking this huge swath of cases that system against middle class families boxes in the fine print of privacy poli- don’t qualify at the high end, don’t and working people. It undermines our cies, which often span dozens of pages. have enough money for class action democracy. In most cases, people aren’t even aware lawsuits, but yet are too big for small With forced arbitration, employers that they have signed away their right claims court. can force an employee to waive their to a day in court, simply by using ev- The reality of those situations in any right to seek justice in court. They eryday goods and services. court system across the country, is need to accept arbitration, which is a Companies still have the option to they are overworked, they are behind, private legal process, without a judge use arbitration, but only on a vol- and they are delayed. But, most impor- or a jury. untary basis after a dispute arises and tantly, probably, if you are dealing The Economic Policy Institute pre- not by unilaterally imposing it on peo- with a contractual lawsuit that doesn’t dicts that by 2024, 80 percent of non- ple by big corporate entities. have the ability to get treble or puni- union private sector workers will have Madam Chair, I yield 1 minute to the tive damages, and it is a small enough lost their right to seek justice in court. distinguished gentleman from Florida claim like a refrigerator or a tele- With forced arbitration, working peo- (Mr. DEUTCH), the distinguished senior vision, there is really no access because ple lose the ability to file an individual member of the Judiciary Committee. the cost of the lawyer will make it pro- class action lawsuit if their rights are Mr. DEUTCH. Madam Chair, I thank hibitive to go to court. violated. They lose the ability to hold my friend from Rhode Island, a great And the argument that this only al- bad acting employers to account in an champion for consumers, for yielding. lows choice doesn’t really work be- open and impartial forum. And they Madam Chair, I rise in support of the cause the same reason you write a con- often lose in their fight for justice. FAIR Act to protect Americans from tract at the beginning of a business re- Let’s level the playing field, restore forced arbitration agreements. These lationship as opposed to when that re- justice for millions of working people,

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.006 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7844 CONGRESSIONAL RECORD — HOUSE September 20, 2019 pass the FAIR Act, and prohibit forced Madam Chair, we have heard the sto- Madam Chair, I reserve the balance arbitration agreements from being ries, and we will continue to hear of my time. valid or enforceable if they require ar- them, of all of the employees and the Mr. CICILLINE. Madam Chair, I yield bitration of employment, consumer, consumers who have been tricked into 1 minute to the gentleman from Vir- antitrust, or civil rights disputes. No giving away their constitutional right ginia (Mr. SCOTT), the distinguished one should have to give up the right to to a jury trial to have their rights en- chair of the Education and Labor Com- justice. Let’s pass the FAIR Act. forced. mittee. Mr. ARMSTRONG. Madam Chair, I It doesn’t really matter all the con- Mr. SCOTT of Virginia. Madam have one real quick response, particu- stitutional rights you have or all the Chair, I thank Mr. JOHNSON, Mr. larly on family law. statutory rights that you have; if you CICILLINE, and Chairman NADLER for The gentleman is correct; those are don’t have a right to enforce these in their leadership on this issue. almost always post dispute. But in a court, all of your rights are washed Madam Chair, I rise in support of the very significant amount of those cases, away. So when consumers and employ- Forced Arbitration Injustice Repeal they are court ordered arbitration, so I ees get tricked into signing away their Act, or the FAIR Act. don’t know how voluntary we would right to go to court, all of their rights Companies are increasingly using call it. are washed away. forced arbitration clauses to shield Madam Chair, I continue to reserve We have heard the stories. And I themselves from accountability for the balance of my time. wanted to add to the list the story of Mr. CICILLINE. Madam Chair, I yield many forms of wrongdoing, including 1 minute to the gentlewoman from Barbara Jones-Davis, who is 98 years civil rights violations, labor abuses, old. She had glaucoma and dementia. California (Ms. SPEIER), perhaps Con- and unfair consumer practices. For ex- gress’ strongest champion for women, She was in a nursing home in north- ample, 60 million workers are now sub- particularly women as it relates to west Philadelphia. They let her wan- ject to forced arbitration clauses that their employers, and someone who has der. In violation of all their own poli- deny them their day in court. been an advocate for this for a very cies, she wandered outside. She wan- Forced arbitration is a rigged sys- long time. dered outside for more than 20 minutes. tem. That is because the arbitrators Ms. SPEIER. Madam Chair, I thank She went over a 15-foot precipice and are essentially hired by the companies the gentleman from Rhode Island for fell to her death with a broken skull. and consumers never have a chance. that generous introduction. Her family got forced into arbitra- Workers and consumers should not Madam Chair, I can’t believe that we tion. The nursing home didn’t admit have to sign away their rights as a con- are having this discussion today be- responsibility. They forced her into one dition to their employment or as a con- cause it is like there is a parallel uni- of these secret and rigged arbitrations. dition of a contract, and they should verse. These things are unconstitutional. not have to give up their day in court. I am going to talk about the 70,000 They take away your right to go to Often, arbitration is a desirable al- women of Sterling Jewelers. This is court. This is a constitutional right ternative to litigation. Under the FAIR Kay Jewelers, and this is Jared Jewel- that our Founding Fathers fought and Act, arbitration would now be a vol- ers. They have been subjected to ramp- died for: that we would be able to re- untary option, not the only option. ant sexism. And when they complained solve our disputes in court, in open Madam Chair, I urge my colleagues about it they were denied justice by court, fairly chosen, not one of these to support this legislation. mandatory arbitration. Sterling’s secret and rigged proceedings that is b 0945 forced arbitration clause has prevented mandatory. It is forced because people them from seeking justice. It is more got tricked into them. Mr. ARMSTRONG. Madam Chair, I like, first you are groped, then you are Madam Chair, let’s all vote for the reserve the balance of my time. gagged. That is what forced arbitration FAIR Act and restore our American Mr. CICILLINE. Madam Chair, I yield is all about. constitutional rights. myself such time as I may consume. Diana Acampora was pulled onto the Mr. ARMSTRONG. Madam Chair, I Madam Chair, I want to respond lap of a manager who held her tightly yield myself such time as I may con- briefly to the notion that somehow as he fondled her. sume. forced arbitration is good for con- Tammy Zenner was nicknamed Madam Chair, they are not unconsti- sumers and workers and that they are ‘‘Texas Tammy’’ by colleagues because tutional. The Supreme Court has ex- really going to miss being forced into of the size of her breasts and told she plained that arbitration is usually these proceedings. should be flattered by an executive cheaper and faster than litigation. It According to a 2017 study by the Eco- rubbing himself on her. can have simpler procedural and evi- nomic Policy Institute, consumers won Dawn Souto-Coons was passed over dentiary rules, normally minimizes only 9 percent of the claims brought in for promotions in favor of lewd and less hostility, and is less disruptive to on- arbitration while companies won 93 qualified men. going and future business dealings percent of the claims. So in terms of Diana, Tammy, Dawn, and countless amongst the parties. who wins, who has the benefit of this others deserve justice. I think that is part of the issue here. rigged system, it is clear that it is the The CHAIR. The time of the gentle- I said this the other day in committee, corporations. woman has expired. and I am probably going to say it more The Economic Policy Institute’s Mr. CICILLINE. Madam Chair, I yield than anybody wants to hear it, but economist, Heidi Shierholz, notes that an additional 30 seconds to the gentle- hard cases make bad law. There are ob- ‘‘not only do companies win in the woman from California. Ms. SPEIER. Instead, Sterling has viously issues. There are issues of overwhelming majority of claims when made a mockery of our laws and has court systems being abused and there consumers are forced into arbitration, used forced arbitration to make 70,000 are issues of arbitration being abused. they win big.’’ women in this country subject to a 14- But we have to remember that the vast The Consumer Financial Protection year process. That is not justice. That majority of these cases fall into those Bureau concluded in 2015 that there is is enslavement. normal contract disputes, employment ‘‘no evidence of arbitration clauses Mr. ARMSTRONG. Madam Chair, I disputes, business versus business dis- leading to lower prices for consumers.’’ continue to reserve the balance of my putes, or small dollar level consumer So this notion that even though 83 time. disputes. percent of the American people are Mr. CICILLINE. Madam Chair, I yield While you have a constitutional right against forced arbitration and even 11⁄2 minutes to the gentleman from to a jury trial in any State or Federal though the evidence shows overwhelm- Pennsylvania (Mr. CARTWRIGHT), who court, depending on your action, you ingly that they lose in them, that has been a very important champion of do not have a constitutional right to be somehow they really like them, it is this legislation. able to pay for that in a civil pro- just not true. Mr. CARTWRIGHT. Madam Chair, I ceeding. The cost of these types of I reserve the balance of my time. thank the gentleman from Rhode Is- cases just will naturally prohibit them Mr. ARMSTRONG. Madam Chair, I land for yielding. from being resolved in any way at all. reserve the balance of my time.

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.008 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7845 Mr. CICILLINE. Madam Chair, may I to represent the class often enriched the distinguished chair of the full com- inquire how much time remains. themselves in the process, and the law- mittee. The CHAIR. The gentleman from yers representing the defense as well. Mr. NADLER. Madam Chairwoman, I Rhode Island has 141⁄4 minutes remain- Approximately 14 percent of all class- rise in strong support of H.R. 1423, the ing. action cases remain pending 4 years Forced Arbitration Injustice Repeal Mr. CICILLINE. Madam Chair, I yield after they were filed, without resolu- Act, or the FAIR Act. myself such time as I may consume. tion or even a determination of wheth- This critical legislation would re- I would like to build a little bit again er the case could go forward on a class- store access to justice for millions of on what the real impact of forced arbi- wide basis. In these cases, class mem- Americans who are currently locked tration is on consumers and workers. bers have not yet received any benefits out of the court system and are forced According to data from the two big- and likely will never receive any, based to settle their disputes against compa- gest arbitration providers, the Amer- on the disposition of the other cases we nies in a private system of arbitration ican Arbitration Association and have studied. that is often skewed in the company’s JAMS, only 1,909 consumers won a Over one-third, 35 percent, of the favor over the individual. monetary award in arbitration over a class actions that have been resolved Nearly a century ago, Congress en- 5-year period. In all nursing home arbi- were dismissed voluntarily by the acted the Federal Arbitration Act to trations, only four won a monetary re- plaintiff. Many of these cases settled allow merchants to resolve run-of-the- ward over that 5-year period. Of the on an individual basis, meaning a pay- mill contract disputes in a system of 11,114 employment claims that were out to the individual named plaintiff private arbitration that would be le- filed, only 282 won a monetary award. and the lawyers who brought the suit, gally enforceable. The system that That is 2.5 percent. even though the class members receive Congress envisioned was to be used vol- Of the 6,012 arbitration cases involv- nothing. untarily and only between merchants ing credit cards and banks, only 131 Just under one-third, 31 percent, of of equal bargaining power. won monetary damages. That is barely class actions that have been resolved However, the Supreme Court, over 2 percent. were dismissed by a court on the mer- the past 40 years, has issued a series of These numbers make it clear that its. Again, that means that the class decisions that have expanded the use of you are more likely to be struck by received nothing. arbitration far beyond Congress’ origi- lightning than win a monetary award One-third, 33 percent, of resolved nal intent or a fair reading of the text in forced arbitration. cases were settled on a class basis. of the Federal Arbitration Act, cre- Furthermore, forced arbitration dis- The settlement rate is half the aver- ating the unjust system that we see courages consumers and workers from age for Federal court litigation, mean- today. adjudicating disputes altogether, while ing that a class member is far less like- Private arbitration has been trans- the lower probability of victory and ly to have even a chance of obtaining formed from a voluntary forum for the meager legal fees associated with relief than the average party suing in- companies to resolve commercial dis- forced arbitration discourage attorneys dividually. putes into a legal nightmare for mil- from representing individuals in arbi- For those cases that do settle, there lions of consumers, employees, and tration proceedings. is often little or no benefit for class others who are forced into arbitration Even when workers go to arbitration, members. and are unable to enforce certain fun- the system can wreak havoc on their I have been personally involved in damental rights in court. lives, and we heard many examples, this in a Barbri lawsuit for any mem- Many companies use forced arbitra- particularly in the context of sexual ber of the bar across the country. I tion as a tool to protect themselves assault and harassment victims. have no idea how much my fellow law- from consumers and workers who seek We heard during our hearing on yers made, but I know I got a check for to hold them accountable for wrong- forced arbitration from advocate and $37 in the mail. Few class members doing. By burying a forced arbitration former FOX News commentator ever even see those paltry benefits, clause deep in the fine print of a take- Gretchen Carlson who spoke forcefully particularly in consumer class actions. it-or-leave-it consumer or employment about the horrifying effect that forced Unfortunately, because information contract, companies can evade the arbitration has on victims of sexual as- regarding the distribution of class-ac- court system, where plaintiffs have far sault and harassment. tion settlements is rarely available, greater legal protections, and hide be- Again, forced arbitration is corporate the public almost never learns what hind the one-sided process that is tilted immunity. It is rigged because corpora- percentage of a settlement is actually in their favor. tions get to pick the arbitrators and paid to class members. But of the six For example, arbitration generally the whole proceeding is entirely secret. cases in the dataset for which the set- limits discovery, does not adhere to the That is why, overwhelmingly, the tlement dispute was made public, five Rules of Civil Procedure, can prohibit American people want forced arbitra- delivered funds to only minuscule per- class actions—which it almost always tion to end once and for all, and that is centages of the class, 0.000006, 0.33 per- does—and denies the right of appeal. what the FAIR Act does. cent, 1.5 percent, 9.6 percent, and 12 Worse yet, arbitration allows the pro- I reserve the balance of my time. percent. ceedings, and often even the results, to Mr. ARMSTRONG. Madam Chair, I Those results are consistent with stay secret, thereby permitting compa- think we can’t talk about this bill and other available information about set- nies to avoid public scrutiny of poten- talk about arbitration without also tlement distribution in consumer class tial misconduct, thereby enabling com- talking about class actions. actions. panies to continue unsafe practices Mayer Brown did a study on class-ac- Although some cases provide for after settling with one person. tion suits. Rather than simply relying automatic distribution of benefits to For millions of consumers and em- on anecdotes, the study undertook an class members, automatic distribution ployees, the precondition—whether empirical analysis of neutrally selected is almost never used in consumer class they know it or not—of obtaining a sample sets of putative consumer and actions. Only 1 of the 40 settled cases basic service or product, such as a bank employee class-action lawsuits filed in fell into that category. account, a cell phone, a credit card, or Federal court in 2009. The bottom line is, the hard evidence even a job, is that they must agree to In the entire dataset, not one of the shows that class actions do not provide resolve any disputes in private arbitra- class actions ended in a final judgment class members with anything close to tion. on the merits for the plaintiff. None of the benefits claimed by their pro- We used to refer to these kinds of the class actions went to trial, either ponents, although they can and do en- agreements as contracts of adhesion, before a judge or a jury. rich attorneys. where one party with all the power dic- The vast majority of cases produced I reserve the balance of my time. tates the terms to the other party in a no benefits to most members of the pu- Mr. CICILLINE. Madam Chair, I yield take-it-or-leave-it contract. tative class, even though in a number the balance of my time to the gen- The next time you apply for a credit of those cases, the lawyers who sought tleman from New York (Mr. NADLER), card, try crossing out the term in the

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.010 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7846 CONGRESSIONAL RECORD — HOUSE September 20, 2019 fine print requiring you to agree to ar- 2015, and it came up with a couple of our States have come out against bitration and see if you still get that things. Particularly, you cannot talk forced arbitration clauses that are used credit card. You will be denied without about getting rid of forced arbitration in cases of sexual misconduct. a moment’s hesitation. without talking about class actions Mr. Chairman, I urge my colleagues These are classic contracts of adhe- again. on both sides of the aisle to stand on sion, which were once clearly For example, the CFPB study found the side of workers, on the side of fair- disfavored under the law, but which that the substantial majority of class ness and transparency, and on the side now seem to have been blessed by the actions are resolved with no benefits to of doing what is right. I urge all of us Supreme Court as standard operating the class members. The weighted-aver- to support this piece of legislation. procedures in the corporate world. age claims were only 4 percent, i.e., the Mr. ARMSTRONG. Mr. Chairman, I Madam Chair, the Seventh Amend- vast majority of class members do not reserve the balance of my time. ment to the Constitution guarantees file claims for payment from class ac- Mr. NADLER. Mr. Chairman, may I everyone the right to a jury trial for tion settlement funds. The average set- inquire how much time is remaining, all controversies at law over $20. These tlement payment to class members was please, on each side. agreements for arbitration nullify the just $32.35, while the average attor- The Acting CHAIR (Mr. PETERS). The Seventh Amendment. We have to re- ney’s fees averaged $1 million per case. gentleman from New York has 51⁄4 min- spect the Constitution. The Constitu- The average fee paid to class action utes remaining. The gentleman from tion has more things in it than the plaintiffs’ lawyers as a percentage of North Dakota has 123⁄4 minutes remain- Second Amendment. It has a few other the announced settlement was 41 per- ing. amendments, like the Seventh Amend- cent, with a median of 46 percent. Mr. NADLER. Mr. Chairman, I yield ment, which we should respect. Class-action lawsuits produce class- 1 minute to the distinguished gen- These contracts of adhesion, these wide settlements and took an average tleman from Virginia (Mr. BEYER). agreements, nullify any protections of nearly 2 years to resolve. Obviously, Mr. BEYER. Mr. Chairman, I have that Congress votes. If we vote or a there are cases that go longer; there been speaking about the need to ban State legislature votes on an employ- are cases that go shorter. But when forced arbitration since I joined Con- ment protection, a union protection, a you are dealing in a consumer protec- gress. It is wonderful to finally have consumer protection, its enforcement tion area for a small amount of money, this bill, the FAIR Act, up for a vote in can be completely nullified by these ar- 2 years is an exceptionally long time to Congress, and I really want to thank bitration agreements. be dealing with that kind of litigation. Congressman JOHNSON. For individuals who have no choice Arbitration is simpler. It is quicker. I think what is so troubling about but to agree to these contracts, that It is often easier and more convenient forced arbitration is that, when we fi- means that their ability to enforce for the parties. In many cases, it cre- nally discover that we have become a civil rights, consumer, labor, and anti- ates less hostility and gets finished victim of it, we feel helpless and taken trust laws are subject to the whims of quicker. advantage of. These forced arbitration a private arbitrator, often selected by I reserve the balance of my time. clauses are buried in the fine print of Mr. NADLER. Mr. Chair, I yield 2 the companies themselves. These pri- everyday contracts, and before you minutes to the distinguished gentle- vate arbitrators are not required to know it, we are unknowingly giving up woman from Illinois (Mrs. BUSTOS). provide plaintiffs any of the funda- our legal rights. Mrs. BUSTOS. Mr. Chair, I thank mental protections guaranteed in the But I come before you, Mr. Chair- Chairman NADLER for yielding, and I courts, and their further employment man, as a small business owner to say also thank Congressman JOHNSON for can depend on building a good reputa- this is completely unnecessary. As a this very important bill. I thank him tion with the companies that hire small business owner of 46 years, we for his fight on behalf of so many peo- them. are selling 4,000 and 5,000 cars a year, ple. and we have never had to resort to Unsurprisingly, then, arbitration has I rise today in strong support of the mandatory binding arbitration. In fact, become a virtual get-out-of-jail-free FAIR Act. This is a bill that would end what we say is that, if you have a con- card that many companies use to cir- the secret arbitration process and the flict, we would love to go to arbitration cumvent the basic rights of consumers cycle of silencing victims of predatory with you, and we will respect whatever and workers. behavior. H.R. 1423, the FAIR Act, reverse this I first became involved with this the arbiter says; but, if you don’t like disastrous trend by prohibiting arbitra- fight a couple of years back when The it, you can still sue us, giving the max- tion clauses in consumer, labor, anti- Washington Post detailed allegations imum choice to the consumer. As a re- trust, and civil rights disputes. of a chief executive at Jared and Kay sult, you rarely have a conflict that Importantly, this legislation does not Jewelers who only promoted women gets out of hand. preclude parties from agreeing to arbi- who would sleep with him. The Post One only needs to think of the Wells trate a claim after the dispute arises, shed light on mandatory, alcohol- Fargo case where Wells Fargo was sued which will ensure that arbitration fueled managers meetings where doz- by several of its customers for using agreements are truly voluntary and ens of women were demeaned and their personal information to open all transparent. It does, however, prevent groped. these fake accounts; but, when they unsuspecting consumers and employees filed suit against Wells Fargo, they from being forced to give up their right b 1000 found out they had this mandatory to seek justice in court. As I continued working on this issue, forced arbitration clause buried in the I urge my colleagues to support this I met with women from the tech indus- customer agreement. vital legislation, and I reserve the bal- try who watched in horror as bigwig Mr. Chairman, I encourage us to sup- ance of my time. executives were given multimillion- port this good bill. Mr. ARMSTRONG. Madam Chair, I dollar exit packages after facing cred- Mr. ARMSTRONG. Mr. Chairman, I yield myself such time as I may con- ible allegations of misconduct. But continue to reserve the balance of my sume. none of these women were allowed to time. Madam Chair, like the First Amend- speak out. Mr. NADLER. Mr. Chairman, I yield ment, Fourth Amendment, and when Why? Because they were forced into a 1 minute to the distinguished gentle- you are from a small State, you are a secret arbitration process, losing their woman from Colorado (Ms. DEGETTE). big fan of the 10th Amendment as well. right to sue and ensuring their claims Ms. DEGETTE. Mr. Chairman, I rise I like the Second Amendment, but I would never see the light of day. And, in strong support of H.R. 1423, the like the other ones, too. if they were to speak out publicly, FAIR Act. We are talking about credit cards, they—they as the women who were vic- Forced arbitration clauses were and we are talking about those issues, tims of this—could be sued for break- originally intended to mediate business and I think we are talking about con- ing this nondisclosure agreement. disputes among businesses, not be- sumer contracts. The Consumer Finan- This is a practice that is so egregious tween businesses and individuals, but cial Protection Bureau did a study in that the attorneys general in all 50 of now they are found in every aspect of

VerDate Sep 11 2014 23:48 Sep 20, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.011 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7847 our lives. From employment contracts vast majority of class members do not sumer Reports, the Communications to student loans, to cellphone plans, to file claims for payment under class ac- Workers of America, the Leadership credit cards and numerous other goods tion settlement funds. The average set- Conference on Civil Rights, and the and services, every American has tlement payment, again, was only American Association of Justice, not agreed to forced arbitration, whether $32.35. just by trial lawyers. they want to or not. Does anybody win under this bill? In addition, 84 percent of Americans This bill ensures that individuals Surprise, surprise, somebody does. It is across the political spectrum support have the right to choose how they seek the plaintiffs’ in class action trial bar. ending forced arbitration in employ- justice: the choice to go to court, the Once again, all you have to do is look ment and consumer disputes, according choice to join a class action lawsuit, at the CFPB’s study. It found that to recent polling data. and, yes, even the choice to go to arbi- class action attorneys’ fees average $1 Mr. Chairman, it is up to Congress to tration. million per case, and the average fee end this secretive and unfair practice. I But these choices should not be made paid to a class action plaintiffs’ lawyer urge my colleagues to support the for them by somebody else. Passage of as a percentage of the announced set- FAIR Act and to restore access to jus- the FAIR Act will restore that choice, tlement was 41 percent, with a median tice for millions of Americans, and I and I urge all of my colleagues to sup- of 46 percent. yield back the balance of my time. port this important legislation. So the answer to the question about Ms. JACKSON LEE. Mr. Chair, as a senior Mr. ARMSTRONG. Mr. Chairman, I this bill is simple: Consumers don’t member of the Judiciary Committee, I rise in continue to reserve the balance of my win. Employees don’t win. Even class strong support of H.R. 1423, the Forced Arbi- time. action plaintiffs don’t win. But the tration Injustice Repeal Act or the FAIR Act. Mr. NADLER. Mr. Chairman, I yield plaintiffs’ class action trial lawyers I support the FAIR Act because it restores 1 minute to the distinguished gen- sure do win, and they make out like the rights of workers and consumers by mak- tleman from New York (Mr. JEFFRIES). bandits. ing forced arbitration between individuals and Mr. JEFFRIES. Mr. Chairman, I Mr. Chairman, I urge my colleagues corporations illegal. thank the chairman and distinguished to vote ‘‘no’’ on this unjust bill, and I This would allow individuals the choice as to gentleman from Georgia for his tre- yield back the balance of my time. how to pursue their rights against a corpora- mendous leadership. Mr. NADLER. Mr. Chair, I yield my- tion. Women have a right not to be sexu- self the balance of my time. It also means that corporations will know ally harassed; people of color have a Mr. Chair, we have a bedrock prin- that when they violate the law, they can be right not to be discriminated against; ciple in this country, and that is that held publicly accountable. workers have a right not to be ex- all Americans deserve their day in I have been a champion of FAIR since 2006 ploited; consumers have a right not to court. We make a mockery of this prin- when we were discussing the LaVar Arrington be defrauded; and the American people ciple, however, when individuals can be and arbitration process of the National Foot- have a right to liberty and justice for stripped of this fundamental right and ball League Players Association. all. Unfortunately, the malignant prac- be forced into private arbitration pro- Mr. Arrington was an All-Pro linebacker for tice of forced arbitration takes these ceedings without the safeguards our ju- the Washington Redskins and the New York rights away. dicial system affords. Giants in the NFL. The American people are being hood- We make a mockery of this right not In 2004, the NFLPA agreed to represent winked, bamboozled, and led astray. only when individuals can be stripped LaVar Arrington in the matter and retained a The practice of forced arbitration ef- of this right, but when almost all major New York law firm. fectively makes rights available with- Americans are stripped of this funda- I am advised that the law firm did not meet out a remedy. This practice is uncon- mental right and are forced into pri- with LaVar Arrington until shortly before his scionable, unacceptable, and un-Amer- vate arbitration proceedings without non-injury grievance arbitration was scheduled ican. the safeguards our judicial system af- to be heard. Vote ‘‘yes’’ on the FAIR Act so we fords. LaVar Arrington was not impressed with the can end this practice of forced arbitra- Now, we heard the statistics cited by performance of his legal representatives, and tion once and for all. the gentleman, which come from the after the hearing called NFLPA President Mr. ARMSTRONG. Mr. Chairman, I Chamber of Commerce, and Mr. Gene Upshaw to complain. yield myself the remainder of my time. CICILLINE showed how wrong those sta- LaVar Arrington asked Mr. Upshaw, who In closing, I just want to ask one tistics were. had hired a major New York firm, how they simple question: Under this bill, who But the real point is, of course, that, could be his lawyers if they had not even wins and who loses? under this bill, if a plaintiff thinks bothered to meet with him, the client, until Do consumers win? No. Studies show that he can get a better deal under ar- shortly before the arbitration. arbitration provides consumers faster bitration, then arbitration is available LaVar Arrington told Gene Upshaw he was and cheaper results that are just as voluntarily, as it should be. going to hire his own attorney who could give good as court outcomes deliver; and we What this bill seeks to ban is individ- him an objective view and did so shortly there- know that they will have way more ac- uals—almost all Americans—involun- after. cess to a result in small cases that are tarily giving up their sacred constitu- After LaVar Arrington retained new counsel, bigger than small claims and too tional right to a trial by jury, to their the arbitration was adjourned for the purpose small—those in which hiring a private day in court, whether they like it or of pursuing settlement negotiations. lawyer at an hourly rate makes sense not. This bill will guarantee that peo- Through the efforts of new counsel, a settle- but are too small so class action ple have their rights. They can opt for ment was reached and Mr. Carl Poston played doesn’t apply. arbitration if they want to, but they an important role in achieving this settlement, Do employees win? No. Research don’t have to. including arranging a meeting with Redskins shows employees are three times more This bill supports liberty; it supports Coach Joe Gibbs to explain LaVar Arrington’s likely to win in arbitration than in constitutional rights; and it supports feelings concerning the situation. court, and prevailing employees typi- the little guy against the giant cor- Coach Gibbs helped prevail on the Red- cally win twice as much money in arbi- poration. H.R. 1423, the FAIR Act, skins to reach an acceptable settlement with tration in a shorter period of time. rights these wrongs by reopening the LaVar Arrington. Do class action plaintiffs win? Not if courthouse door to all Americans. The settlement provided that no one did you listen to the Consumer Financial I applaud the gentleman from Geor- anything wrong or improper and provided for a Protection Bureau. The CFPB’S 2015 gia (Mr. JOHNSON) for his leadership on new contract for LaVar Arrington under which study of arbitration and class actions this legislation which has 222 cospon- he could obtain an additional $4.85 million found the substantial majority of class sors. under certain conditions, including the right to actions were resolved with no benefits This measure is also supported by a void the contract if he made Pro Bowls in the flowing to the absent class members. broad coalition of more than 70 public- next four years unless the Redskins paid The weighted average rate in class ac- interest, labor, and advocacy organiza- LaVar Arrington an additional $3.25 million. tions was only 4 percent, meaning the tions, including Public Citizen, Con- The settlement agreement provided:

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0636 Sfmt 9920 E:\CR\FM\K20SE7.013 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7848 CONGRESSIONAL RECORD — HOUSE September 20, 2019 ‘‘This Agreement shall not be construed as ‘‘terms and conditions’’ and employee hand- House Report 116–210. That amendment an admission of liability or a finding of wrong- books, forced arbitration enables corporations in the nature of a substitute shall be doing by any party.’’ to evade responsibility and avoid account- considered as read. As LaVar Arrington has put it, ‘‘[m]y griev- ability. The text of the amendment in the na- ance against the Redskins has been settled Forced arbitration means that when a cor- ture of a substitute is as follows: on no-fault, win-win resolution.’’ poration violates the rights of their workers or H.R. 1423 In 2006, when faced with the issues of the consumers, they cannot enforce their rights. Be it enacted by the Senate and House of Rep- NFLPA’s arbitration procedures, I had the Forced arbitration lets corporations funnel resentatives of the United States of America in questions of: aggrieved workers and consumers into a pri- Congress assembled, (a) whether the arbitration procedures em- vate and secret system which is designed by SECTION 1. SHORT TITLE. ployed by the NFLPA are fair; the corporation to be so rigged that most peo- This Act may be cited as the ‘‘Forced Arbitra- (b) whether they ensure a neutral arbitrator; ple are forced to give up their rights alto- tion Injustice Repeal Act’’ or the ‘‘FAIR Act’’. (c) whether adequate opportunity for judicial SEC. 2. PURPOSES. gether. The purposes of this Act are to— review exists; and We know that because corporations know (1) prohibit predispute arbitration agreements (d) whether the procedures comport with the that most individuals will simply give up when that force arbitration of future employment, intent underlying the Federal Arbitration Act faced with a forced arbitration, there is virtually consumer, antitrust, or civil rights disputes, and and, if not, what might be a proper legislative no incentive for corporations to follow the law, (2) prohibit agreements and practices that response. or to quickly and fairly handle consumer or interfere with the right of individuals, workers, We cannot continue to allow corporations to worker claims. and small businesses to participate in a joint, bury forced arbitration clauses in employee class, or collective action related to an employ- The FAIR Act would restore the rights of ment, consumer, antitrust, or civil rights dis- handbooks and smart phone apps. workers and consumers by making forced ar- pute. Notably, the bill also applies to small busi- bitration between individuals and corporations SEC. 3. ARBITRATION OF EMPLOYMENT, CON- nesses seeking to protect their rights under illegal—meaning that individuals will be re- SUMER, ANTITRUST, AND CIVIL federal antitrust laws. turned the choice as to how to pursue their RIGHTS DISPUTES. We know it is a one-sided system and that rights against a corporation. (a) IN GENERAL.—Title 9 of the United States corporations write the clauses to be so rigged The FAIR Act also means that corporations Code is amended by adding at the end the fol- lowing: so most people give up pursing their rights al- will know that when they violate the law, they together. can be held publicly accountable, thereby re- ‘‘CHAPTER 4—ARBITRATION OF EMPLOY- MENT, CONSUMER, ANTITRUST, AND Corporations choose the forced arbitration turning to corporations the powerful incentive CIVIL RIGHTS DISPUTES provider, the rules under which the forced ar- to follow the law in the first place and to treat ‘‘Sec. bitration will take place, the state in which the people justly and fairly. ‘‘401. Definitions. forced arbitration proceeding will occur, and Forced arbitration is a private, secretive sys- ‘‘402. No validity or enforceability.’’. the payment terms. tem without any enforceable standards or ‘‘§ 401. Definitions Most people do not know about forced arbi- legal protections. ‘‘In this chapter— tration but even those who are aware have no There is no public review of decisions to en- ‘‘(1) the term ‘antitrust dispute’ means a dis- say in the process and, because these sure the arbitrator got it right. pute— clauses apply to most jobs, products, and Federal law does not even require that arbi- ‘‘(A) arising from an alleged violation of the trators have any legal training or even follow antitrust laws (as defined in subsection (a) of services, a person has no choice but to live the first section of the Clayton Act) or State with the total depravation of their rights via the law and the entire system is unaccount- antitrust laws; and forced arbitration or give up the job/product/ able to the public. ‘‘(B) in which the plaintiffs seek certification service altogether. American heroes fought hard for fundamen- as a class under rule 23 of the Federal Rules of I would like to acknowledge a victim of tally important laws—such as federal anti- Civil Procedure or a comparable rule or provi- forced arbitration. discrimination laws and laws to protect sion of State law; I have been told we are joined by Alexander servicemembers and their families—but these ‘‘(2) the term ‘civil rights dispute’ means a dis- pute— Newton, the brother of Andowah Newton from laws are now unenforceable. ‘‘(A) arising from an alleged violation of— New York. It is time to close the forced arbitration loop- ‘‘(i) the Constitution of the United States or Andowah Newton is Vice President, Legal hole that gives corporations the power to ig- the constitution of a State; Affairs at LVMH Moe¨t Hennessy Louis Vuitton nore the laws Congress enacted. ‘‘(ii) any Federal, State, or local law that pro- Inc., a multinational luxury goods conglom- The Supreme Court held that corporations hibits discrimination on the basis of race, sex, erate. are allowed to force individuals into arbitration age, gender identity, sexual orientation, dis- For years, Ms. Newton was sexually har- because the Federal Arbitration Act, which ability, religion, national origin, or any legally protected status in education, employment, cred- assed at work by a colleague. was passed in 1925—wipes out all rights it, housing, public accommodations and facili- When she formally reported the harassment, under all other laws unless and until Congress ties, voting, veterans or servicemembers, health the company demanded she apologize to the updates that law. care, or a program funded or conducted by the harasser for reporting him and the company Thus, the FAIR Act simply amends the Fed- Federal Government or State government, in- promoted the harasser. eral Arbitration Act to make clear that workers cluding any law referred to or described in sec- It also began retaliating against her at work. and consumers cannot be forced into arbitra- tion 62(e) of the Internal Revenue Code of 1986, Ms. Newton had been forced to sign a man- tion against their will. including parts of such law not explicitly ref- datory arbitration agreement as part of accept- This prohibition on forced arbitration would erenced in such section but that relate to pro- tecting individuals on any such basis; and ing her offer of employment. apply to all workers (no matter how they are ‘‘(B) in which at least 1 party alleging a vio- Pursuant to New York’s 2018 law prohibiting classified by their employer), consumers, and lation described in subparagraph (A) is one or employment agreements that mandate arbitra- small businesses seeking to enforce their more individuals (or their authorized represent- tion of sexual harassment claims, in 2019, Ms. rights under antitrust laws. ative), including one or more individuals seek- Newton filed her sexual harassment claims in I urge my colleagues to join me in sup- ing certification as a class under rule 23 of the New York state court. porting H.R. 1423, the ‘‘Forced Arbitration In- Federal Rules of Civil Procedure or a com- The company has moved to compel arbitra- justice Act.’’ parable rule or provision of State law; The Acting CHAIR. All time for gen- ‘‘(3) the term ‘consumer dispute’ means a dis- tion, arguing that the New York law is pre- pute between— empted by federal law and that Ms. Newton eral debate has expired. ‘‘(A) one or more individuals who seek or ac- should be forced into mandatory confidential In lieu of the amendment in the na- quire real or personal property, services (includ- arbitration proceedings. ture of a substitute recommended by ing services related to digital technology), secu- Ms. Newton continues to fight the motion to the Committee on the Judiciary, print- rities or other investments, money, or credit for compel in court. ed in the bill, it shall be in order to personal, family, or household purposes includ- For Ms. Newton and for all of the victims of consider as an original bill for purpose ing an individual or individuals who seek cer- forced arbitration, we need to resolve this in- of amendment under the 5-minute rule tification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or justice. an amendment in the nature of a sub- provision of State law; and Buried in the fine print of everything from stitute consisting of the text of Rules ‘‘(B)(i) the seller or provider of such property, nursing home admissions forms and credit Committee Print 116–32, modified by services, securities or other investments, money, card ‘‘agreements,’’ to online click-through the amendment printed in part A of or credit; or

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0636 Sfmt 6333 E:\CR\FM\A20SE7.003 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7849 ‘‘(ii) a third party involved in the selling, pro- (C) in section 208— shown that employees obtain more fa- viding of, payment for, receipt or use of infor- (i) in the section heading by striking ‘‘CHAP- vorable judgments in arbitration than mation about, or other relationship to any such TER 1; RESIDUAL APPLICATION’’ and inserting in court. In court, of course, the aver- property, services, securities or other invest- ‘‘APPLICATION’’, and age employee stands to be seriously ments, money, or credit; (ii) by adding at the end the following: ‘‘This outgunned by an employer who has far ‘‘(4) the term ‘employment dispute’ means a chapter applies to the extent that this chapter is dispute between one or more individuals (or not in conflict with chapter 4.’’, and more resources to hire costly court- their authorized representative) and a person (D) in section 307— room counsel. arising out of or related to the work relationship (i) in the section heading by striking ‘‘CHAP- While the bill takes those benefits or prospective work relationship between them, TER 1; RESIDUAL APPLICATION’’ and inserting out of the hands of nonunion employ- including a dispute regarding the terms of or ‘‘APPLICATION’’, and ees, it doesn’t do that for union em- payment for, advertising of, recruiting for, re- (ii) by adding at the end the following: ‘‘This ployees. Predispute, mandatory bind- ferring of, arranging for, or discipline or dis- chapter applies to the extent that this chapter is ing arbitration contracts negotiated by charge in connection with, such work, regard- not in conflict with chapter 4.’’. unions with employers or with other less of whether the individual is or would be (2) TABLE OF SECTIONS.— unions are left untouched by the bill. classified as an employee or an independent (A) CHAPTER 2.—The table of sections of chap- This bill is titled the Forced Arbitra- contractor with respect to such work, and in- ter 2 of title 9, United States Code, is amended tion Injustice Repeal Act, but it should cluding a dispute arising under any law referred by striking the item relating to section 208 and to or described in section 62(e) of the Internal inserting the following: be titled the forced injustice guarantee Revenue Code of 1986, including parts of such act because the bill enacts injustice be- ‘‘208. Application.’’. tween union and nonunion employees. law not explicitly referenced in such section but (B) CHAPTER 3.—The table of sections of chap- that relate to protecting individuals on any ter 3 of title 9, United States Code, is amended Nonunion employees get handed over such basis, and including a dispute in which an by striking the item relating to section 307 and to the high-cost plaintiffs’ trial law- individual or individuals seek certification as a inserting the following: yers and may never be able to afford class under rule 23 of the Federal Rules of Civil ‘‘307. Application.’’. their day in court. Union employees Procedure or as a collective action under section (3) TABLE OF CHAPTERS.—The table of chap- get all the benefits of forcing arbitra- 16(b) of the Fair Labor Standards Act, or a com- ters of title 9, United States Code, is amended by tion with their employers and don’t parable rule or provision of State law; adding at the end the following: have to make a sacrifice at all like the ‘‘(5) the term ‘predispute arbitration agree- ment’ means an agreement to arbitrate a dispute ‘‘4. Arbitration of Employment, Con- nonunion employees do. that has not yet arisen at the time of the mak- sumer, Antitrust, and Civil Rights Mr. Chairman, the amendment fixes ing of the agreement; and Disputes ...... 401’’. the hypocritical treatment in the legis- ‘‘(6) the term ‘predispute joint-action waiver’ SEC. 4. EFFECTIVE DATE. lation. I urge my colleagues to support means an agreement, whether or not part of a This Act, and the amendments made by this the amendment, and I reserve the bal- predispute arbitration agreement, that would Act, shall take effect on the date of enactment ance of my time. prohibit, or waive the right of, one of the parties of this Act and shall apply with respect to any Mr. NADLER. Mr. Chair, I claim the to the agreement to participate in a joint, class, dispute or claim that arises or accrues on or time in opposition to the amendment. or collective action in a judicial, arbitral, ad- after such date. The Acting CHAIR. The gentleman ministrative, or other forum, concerning a dis- The Acting CHAIR. No amendment from New York is recognized for 5 min- pute that has not yet arisen at the time of the utes. making of the agreement. to that amendment in the nature of a substitute shall be in order, except Mr. NADLER. Mr. Chair, I rise in ‘‘§ 402. No validity or enforceability those printed in part B of House Report strong opposition to this amendment. ‘‘(a) IN GENERAL.—Notwithstanding any other 116–210. Each such amendment may be There are more than 60 million work- provision of this title, no predispute arbitration ers who make up a majority of non- agreement or predispute joint-action waiver offered only in the order printed in the report, by a Member designated in the union, private sector employees and shall be valid or enforceable with respect to an who are subject to forced arbitration report, shall be considered read, shall employment dispute, consumer dispute, antitrust clauses. These employees are told that, dispute, or civil rights dispute. be debatable for the time specified in if they want to get a job or keep the ‘‘(b) APPLICABILITY.— the report, equally divided and con- job they have, they must sign away ‘‘(1) IN GENERAL.—An issue as to whether this trolled by the proponent and an oppo- their right to their day in court and chapter applies with respect to a dispute shall nent, shall not be subject to amend- be determined under Federal law. The applica- submit to forced arbitration. These ment, and shall not be subject to a de- bility of this chapter to an agreement to arbi- workers have absolutely no choice. trate and the validity and enforceability of an mand for division of the question. Many of these workers have no idea agreement to which this chapter applies shall be AMENDMENT NO. 1 OFFERED BY MR. JORDAN that they are subject to forced arbitra- determined by a court, rather than an arbi- The Acting CHAIR. It is now in order tion, and even if they are aware, there trator, irrespective of whether the party resist- to consider amendment No. 1 printed in is nothing they can do about it; and, of ing arbitration challenges the arbitration agree- part B of House Report 116–210. course, it is not possible for them to ment specifically or in conjunction with other know that they may be victims of sex- terms of the contract containing such agree- Mr. JORDAN. Mr. Chairman, I have ment, and irrespective of whether the agreement an amendment at the desk. ual assault, wage discrimination, or purports to delegate such determinations to an The Acting CHAIR. The Clerk will other illegal behavior before they begin arbitrator. designate the amendment. employment. ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— The text of the amendment is as fol- This is a serious power imbalance Nothing in this chapter shall apply to any arbi- lows: which allows companies to unilaterally tration provision in a contract between an em- Page 6, strike lines 16 through 25. impose unfair terms upon nonunion ployer and a labor organization or between employees. The FAIR Act aims to put labor organizations, except that no such arbitra- The Acting CHAIR. Pursuant to power back into the hands of these 60 tion provision shall have the effect of waiving House Resolution 558, the gentleman million workers who have been forced the right of a worker to seek judicial enforce- from Ohio (Mr. JORDAN) and a Member by their employer to sign away their ment of a right arising under a provision of the opposed each will control 5 minutes. Constitution of the United States, a State con- rights. The Chair recognizes the gentleman But when real choice is part of the stitution, or a Federal or State statute, or public from Ohio. policy arising therefrom.’’. equation, arbitration can be a reason- Mr. JORDAN. Mr. Chairman, the (b) TECHNICAL AND CONFORMING AMEND- able alternative to litigation. Collec- MENTS.— amendment addresses a glaring flaw in tive bargaining, which involves mean- (1) IN GENERAL.—Title 9 of the United States the legislation. ingful negotiation between the com- Code is amended— The bill strips nonunion employees of pany and the union, results in a much (A) in section 1 by striking ‘‘of seamen,’’ and any and all benefits they might gain by different arbitration process and can all that follows through ‘‘interstate commerce’’ contracts they have signed to arbitrate produce much different results. and inserting in its place ‘‘of individuals, re- their disputes. It says that contracts In a 2019 report, the Economic Policy gardless of whether such individuals are des- which force arbitration for employ- Institute noted that ‘‘beyond the use of ignated as employees or independent contractors for other purposes’’, ment disputes—thereby, contracts the world ‘arbitration,’ the system (B) in section 2 by inserting ‘‘or as otherwise which open a faster, cheaper path of that organized labor and management provided in chapter 4’’ before the period at the justice for employees—are no longer have long been using to resolve dis- end, permitted even though research has putes has almost nothing in common

VerDate Sep 11 2014 02:28 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0636 Sfmt 0634 E:\CR\FM\A20SE7.002 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7850 CONGRESSIONAL RECORD — HOUSE September 20, 2019 with the top-down, take-it-or-leave-it I guess by ‘‘all,’’ he meant only if you Mrs. FLETCHER. Mr. Chairman, I brand of arbitration.’’ are nonunion do you get your day in have an amendment at the desk, and I b 1015 court. Union people don’t. They have ask for its consideration. to abide by these arbitration contracts. The Acting CHAIR. The Clerk will The collective bargaining process This is really simple. This is about designate the amendment. provides protections that are simply fairness. If it is good for the goose, it is The text of the amendment is as fol- unavailable to many nonunion work- good for the gander. That is all we are lows: ers, such as the ability to reject unfair saying here. At the end, add the following: employment terms. In collective bar- If the chairman of the Committee on gaining, the company cannot just im- SEC. 5. RULE OF CONSTRUCTION. the Judiciary believes what he just Nothing in this Act, or the amendments pose its will upon the union. There said 5 minutes ago, then he should be made by this Act, shall be construed to pro- must be buy-in on both sides. in support of this amendment. hibit the use of arbitration on a voluntary When arbitration is agreed to Or maybe he didn’t mean ‘‘all’’ when basis after the dispute arises. through collective bargaining, there is he said ‘‘all’’ Americans deserve their The Acting CHAIR. Pursuant to less likely to be an experience gap be- day in court. House Resolution 558, the gentlewoman tween the parties. In nonunion arbitra- Maybe he didn’t mean ‘‘bedrock prin- from Texas (Mrs. FLETCHER) and a tion, the company continuously inter- ciple’’ when he said bedrock principle. Member opposed each will control 5 acts with arbitrators, while the em- Maybe he only meant, Oh, it is a minutes. ployee may only see the arbitrator principle just for some people, which The Chair recognizes the gentle- once, if that. And in most cases, the means, by definition, it is not a prin- woman from Texas. company gives itself unilateral power ciple at all. Mrs. FLETCHER. Mr. Chairman, I to pick the arbitrator. This creates a So I want to know which position the yield myself such time as I may con- conflict of interest in which the arbi- chairman has; the one he said 5 min- sume. trator has a strong incentive to utes ago, or the one he said 2 minutes ago. Mr. Chair, I offer this amendment to prioritize the company’s interest by the bill for the simple purpose of clari- finding in its favor than to fairly assess Mr. Chair, I yield back the balance of my time. fying its scope and applicability. the claim at issue. The FAIR Act prohibits the enforce- The collective bargaining process Mr. NADLER. Mr. Chair, I yield my- ment of mandatory pre-dispute arbitra- looks much different. Like the com- self the balance of my time. If anything, this discussion about tion provisions—forced arbitration—in pany, the union also has the benefit of collective bargaining shows that arbi- contracts involving consumer, employ- being a repeat player in arbitration. tration can be a fair and reasonable ment, antitrust, and civil rights dis- The union understands how the process process when there is actual choice on putes. works, and it may even have experi- both sides of the tracks. But for the This amendment makes clear that ence practicing in front of the same ar- majority, the overwhelming majority the FAIR Act applies to pre-dispute bitrator multiple times. of nonunion private sector workers, forced arbitration in these disputes, When the repeat player dynamic ex- that choice simply does not exist. ists on both sides of the arbitration, and not to voluntary arbitration that This amendment fails to comprehend is agreed to by the parties in these the risk that one party will be system- these critical distinctions between col- atically favored over the other is great- cases after a dispute occurs. lective bargaining and the take-it-or- It does not apply, as some have sug- ly reduced. leave-it arbitration clauses that the gested, to commercial cases between Furthermore, through collective bar- majority of workers face. And it fails gaining, a union can secure a variety of businesses; it does not eliminate arbi- to recognize that restoring equity and tration altogether, and there are good important protections for workers, choice is exactly what the FAIR Act such as requiring truly neutral arbitra- reasons for this. claims to do. You cannot compare ap- There is certainly a role for the arbi- tors, paid time off for employees to ples and oranges, as the gentleman participate in the arbitration, and tration of disputes and other forms of from Ohio (Mr. JORDAN) tried to do. alternative dispute resolution. From transparent decisionmaking. Finally, as the AFL–CIO explains, Often, union employees are guaran- my own experience as a lawyer, I un- this amendment, ‘‘would also be di- derstand the utility arbitration can teed a multilevel appeals process, low- rectly contrary to the intent of Con- ering the risk that an arbitrator will provide for businesses to resolve dis- gress in both the Wagner and Taft- putes, especially in the context of an ignore relevant laws or that there will Hartley Acts, which encourage the be an unjust result. ongoing business relationship. practice of collective bargaining and That is not what the FAIR Act is The concerns that the FAIR Act is the resolution of contract disputes about. The FAIR Act is about restoring designed to address simply do not through arbitration.’’ access to justice for the people. occur in the context of collective bar- And, again, arbitration voluntarily It is for consumers and workers. gaining and, therefore, makes no sense agreed to by the workers through their It is for people whose civil rights to apply its restrictions to such con- democratically elected union is not the have been violated. tracts. same as coercive forced arbitration. Accordingly, I strongly oppose this Mr. Chair, accordingly, I urge my It is for the small business people amendment, and I encourage my col- colleagues to oppose the amendment, who have antitrust claims. leagues to vote against this amend- and I yield back the balance of my It is for the millions of Americans ment. time. who are denied their rights to seek jus- Mr. Chair, I reserve the balance of The Acting CHAIR. The question is tice and accountability today because my time. on the amendment offered by the gen- of forced arbitration. Mr. JORDAN. Mr. Chair, I have seen tleman from Ohio (Mr. JORDAN). This amendment makes clear that elected officials change their positions. The question was taken; and the Act- the act does not prohibit the option to I have never seen it happen in 5 min- ing Chair announced that the noes ap- participate in arbitration after a dis- utes. peared to have it. pute has arisen provided that the Mr. Chair, 5 minutes ago, the chair- Mr. JORDAN. Mr. Chairman, I de- agreement to arbitrate the dispute is man of the Committee on the Judiciary mand a recorded vote. voluntary and the parties actually con- stood up at the end, closing out the de- The Acting CHAIR. Pursuant to sent. bate on the overall legislation before clause 6 of rule XVIII, further pro- This amendment anticipates that, for we got to the amendment debate, and ceedings on the amendment offered by reasons of their own choosing, some he said this, ‘‘a bedrock principle in the gentleman from Ohio will be post- parties may elect to participate in ar- this country is you get your day in poned. bitration after a dispute has arisen on court.’’ The next word he used was im- AMENDMENT NO. 2 OFFERED BY MRS. FLETCHER a voluntary basis and this act does not portant. He said, ‘‘all’’ Americans de- The Acting CHAIR. It is now in order prohibit that choice. The amendment serve their day in court. Now, he just to consider amendment No. 2 printed in acknowledges the right to consent, but told us that is not the case. part B of House Report 116–210. it must be truly voluntary.

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.017 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7851 When an agreement to arbitrate is a Now, if you are a company and you Carter (GA) Huizenga Roby contract of adhesion, it is not vol- are not forced into that in pre-dispute, Carter (TX) Hunter Rodgers (WA) Chabot Hurd (TX) Roe, David P. untary. When an agreement to arbi- why in the world would you ever agree Cline Johnson (LA) Rogers (AL) trate is not disclosed, it is not vol- to go back there? Cloud Johnson (OH) Rogers (KY) untary. When an agreement to arbi- Mr. Chair, I urge opposition to this Cole Johnson (SD) Rooney (FL) trate is a condition of employment, it Collins (GA) Jordan Rose, John W. amendment, and I yield back the bal- Collins (NY) Joyce (PA) Rouzer is not voluntary. When an agreement ance of my time. Comer Kelly (MS) Roy to arbitrate is forced, it is not vol- Mrs. FLETCHER. Mr. Chair, the gen- Conaway Kelly (PA) Rutherford untary. But when actual consent is Crenshaw King (IA) Scalise tleman from North Dakota’s argument Curtis Kustoff (TN) given after a dispute arises, parties Schweikert makes the argument for the FAIR Act, Davidson (OH) LaHood Scott, Austin with full knowledge may choose to ar- because the essential point there is DesJarlais LaMalfa Sensenbrenner bitrate. about the ability to contract with Duncan Lamborn Simpson Dunn Latta Fundamentally, the FAIR Act and equal bargaining power. Smith (MO) Estes Lesko Smith (NE) this amendment protects the freedom Ferguson Long And we have heard debate this entire Smucker Fleischmann Loudermilk to contract, the freedom of choice, and morning about the imbalance that ex- Spano Flores Lucas the freedoms granted in our Constitu- Steube ists with these contracts of adhesion, Fortenberry Luetkemeyer Stewart tion including, importantly, its 7th these contracts that require arbitra- Foxx (NC) Marshall Stivers Amendment. tion as a term of employment, and that Fulcher Massie Gaetz McCarthy Taylor Mr. Chair, it is for these reasons that there is also somebody who benefits. Thompson (PA) I urge my colleagues to support this Gallagher McCaul And I think what we have seen is ex- Gianforte McClintock Thornberry amendment, and I reserve the balance actly what the FAIR Act is designed to Gibbs McHenry Timmons of my time. prevent. The idea of equal bargaining Gohmert Meadows Tipton Mr. ARMSTRONG. Mr. Chairman, I Gooden Meuser Upton power is not something we see in these Gosar Mitchell Wagner rise in opposition to the amendment. consumer cases, in these employment Granger Moolenaar Walberg The Acting CHAIR. The gentleman cases, and that is exactly what we are Graves (GA) Mooney (WV) Walden from North Dakota is recognized for 5 here to protect. Graves (LA) Mullin Walker minutes. Graves (MO) Murphy (NC) Walorski However, we have also seen the argu- Green (TN) Newhouse Waltz Mr. ARMSTRONG. Mr. Chair, I ap- ment that this is the end of arbitra- Grothman Norman Watkins preciate the sentiment, but the amend- tion, and that is simply not the case. Guthrie Nunes Webster (FL) Wenstrup ment is unnecessary. The bill’s terms There is a place in our system for peo- Harris Olson clearly already do nothing to prevent Hartzler Palazzo Westerman ple who elect to arbitrate, but it must Hern, Kevin Palmer Williams post-dispute arbitration agreements be with equal bargaining power, and it Herrera Beutler Pence Wilson (SC) from being negotiated or enforced, in must be with full information and vol- Hice (GA) Perry Wittman Hill (AR) Posey Womack theory. untary compliance. Honestly, the amendment really does Holding Ratcliffe Woodall The amendment simply makes clear Hollingsworth Rice (SC) Wright nothing. It is a fig leaf designed to hide that the FAIR Act does not prohibit ar- Hudson Riggleman Yoho the mischief that is actually being bitration on a voluntary basis after a NOES—253 done by the bill. It pretends to preserve dispute arises and can’t be construed to the possibility of negotiating agree- do so. Adams Dean Houlahan ments to arbitrate once disputes arise, Aguilar DeFazio Hoyer Mr. Chair, it is for these reasons that but if this bill succeeds in wiping out Allred DeGette Jayapal I urge my colleagues to support the Axne DeLauro Jeffries pre-dispute arbitration agreements, amendment, and I yield back the bal- Bacon DelBene Johnson (GA) parties will almost never ever arbi- Barraga´ n Delgado Johnson (TX) ance of my time. trate. And the simple reason is, if one Bass Demings Joyce (OH) The Acting CHAIR. The question is Bera DeSaulnier Kaptur person really wants to be in arbitra- on the amendment offered by the gen- Beyer Deutch Katko tion, the other person will be really Bishop (GA) Diaz-Balart Keating tlewoman from Texas (Mrs. FLETCHER). disadvantaged by arbitration. Blumenauer Dingell Kelly (IL) The amendment was agreed to. Blunt Rochester Doggett Kennedy In order to have a post-dispute arbi- Bonamici Doyle, Michael Khanna AMENDMENT NO. 1 OFFERED BY MR. JORDAN tration, you need both parties to agree. Bost F. Kildee And the simple fact is, that once a dis- The Acting CHAIR. Pursuant to Boyle, Brendan Emmer Kilmer pute arises, there is always going to be clause 6 of rule XVIII, the unfinished F. Engel Kim business is the demand for a recorded Brindisi Escobar Kind a benefit for one of the parties to go to Brown (MD) Eshoo Kinzinger court. And most of the time, it is not vote on amendment No. 1 printed in Brownley (CA) Espaillat Kirkpatrick going to be the consumer or the em- part B of House Report 116–210 offered Bustos Evans Krishnamoorthi by the gentleman from Ohio (Mr. JOR- Butterfield Finkenauer Kuster (NH) ployee that sees these advantages. It Carbajal Fitzpatrick Lamb will be a company or an employee with DAN) on which further proceedings were Ca´ rdenas Fletcher Langevin the resources to overwhelm a consumer postponed and on which the noes pre- Carson (IN) Foster Larsen (WA) or an employee in court with dis- vailed by voice vote. Cartwright Frankel Larson (CT) The Clerk will redesignate the Case Fudge Lawrence covery, procedure, and expensive law- Casten (IL) Gabbard Lawson (FL) yer fees. amendment. Castor (FL) Gallego Lee (CA) And far too often, just the prospect The Clerk redesignated the amend- Castro (TX) Garamendi Lee (NV) of that will be enough to dissuade a ment. Chu, Judy Garcı´a (IL) Levin (CA) Cicilline Garcia (TX) Levin (MI) consumer or employee from even filing RECORDED VOTE Cisneros Golden Lewis a lawsuit to begin with, which means The Acting CHAIR. A recorded vote Clark (MA) Gomez Lieu, Ted that the parties with the deepest pock- has been demanded. Clarke (NY) Gonzalez (OH) Lipinski Clay Gonzalez (TX) Loebsack ets will just be able to get off scot-free. A recorded vote was ordered. Cleaver Gottheimer Lofgren The reality is, in most disputes, no The vote was taken by electronic de- Cohen Green, Al (TX) Lowenthal matter what venue you are in—you can vice, and there were—ayes 161, noes 253, Connolly Griffith Lowey be in Federal court, you can be in Cook Grijalva Luja´ n not voting 26, as follows: Cooper Guest Luria State court, you can be in arbitra- [Roll No. 539] Correa Haaland Lynch tion—there is going to be unequal bar- Costa Harder (CA) Malinowski AYES—161 gaining power. Pre-dispute arbitration Courtney Hastings Maloney, Aderholt Banks Brooks (IN) Cox (CA) Hayes Carolyn B. gives people with less financial means Allen Barr Buchanan Craig Heck Maloney, Sean in your basic employment dispute, con- Amash Biggs Bucshon Crist Higgins (LA) Mast tractual dispute, or consumer dispute, Amodei Bilirakis Budd Crow Higgins (NY) Matsui a venue that is affordable, gets done in Armstrong Bishop (NC) Burchett Cuellar Hill (CA) McAdams Arrington Bishop (UT) Burgess Davids (KS) Himes McBath a reasonable amount of time, and al- Baird Brady Byrne Davis (CA) Horn, Kendra S. McCollum lows them to move through. Balderson Brooks (AL) Calvert Davis, Rodney Horsford McGovern

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.020 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7852 CONGRESSIONAL RECORD — HOUSE September 20, 2019 McKinley Raskin Stauber ported from the Committee of the Rose (NY) Sherman Torres Small McNerney Reschenthaler Stefanik Whole? Rouda Sherrill (NM) Meeks Rice (NY) Steil Roybal-Allard Sires Trahan Meng Richmond Stevens If not, the question is on the amend- Ruiz Slotkin Trone Miller Rose (NY) Suozzi ment in the nature of a substitute, as Ruppersberger Smith (NJ) Underwood Moore Rouda Swalwell (CA) amended. Rush Smith (WA) Van Drew Morelle Roybal-Allard Takano Ryan Soto Vargas The amendment was agreed to. ´ Moulton Ruiz Thompson (CA) Sanchez Spanberger Veasey Mucarsel-Powell Ruppersberger Titus Sarbanes Vela The SPEAKER pro tempore. The Speier Murphy (FL) Rush Tlaib Scanlon Vela´ zquez question is on the engrossment and Stanton Nadler Ryan Tonko Schakowsky Visclosky Stevens Napolitano Sablan Torres (CA) third reading of the bill. Schiff Wasserman Neal Sa´ nchez Torres Small The bill was ordered to be engrossed Schneider Suozzi Schultz Neguse Sarbanes (NM) and read a third time, and was read the Schrader Swalwell (CA) Waters Norcross Scanlon Trahan Schrier Takano Watson Coleman Norton Schakowsky Trone third time. Scott (VA) Thompson (CA) Welch O’Halleran Schiff Turner The SPEAKER pro tempore. The Scott, David Titus Wexton Ocasio-Cortez Schneider Underwood question is on the passage of the bill. Serrano Tlaib Wild Omar Schrader Van Drew Sewell (AL) Tonko Wilson (FL) Pallone Schrier Vargas The question was taken; and the Shalala Torres (CA) Yarmuth Panetta Scott (VA) Veasey Speaker pro tempore announced that Pappas Scott, David Vela the ayes appeared to have it. NOES—186 Pascrell Serrano Vela´ zquez RECORDED VOTE Aderholt Granger Olson Payne Sewell (AL) Visclosky Allen Graves (GA) Palazzo Perlmutter Shalala Wasserman Mr. ARMSTRONG. Mr. Speaker, I de- Amash Graves (LA) Palmer Peters Sherman Schultz mand a recorded vote. Amodei Graves (MO) Pence Peterson Sherrill Waters A recorded vote was ordered. Armstrong Green (TN) Perry Phillips Sires Watson Coleman Arrington Griffith Peterson Pingree Slotkin Welch The SPEAKER pro tempore. Pursu- Bacon Grothman Posey Plaskett Smith (NJ) Wexton ant to clause 9 of rule XX, this 5- Baird Guest Ratcliffe Pocan Smith (WA) Wild Balderson Guthrie Reschenthaler Porter Soto Wilson (FL) minute vote on passage of the bill will be followed by a 5-minute vote on Banks Harris Rice (SC) Pressley Spanberger Yarmuth Barr Hartzler Riggleman Price (NC) Speier Young agreeing to the Speaker’s approval of Biggs Hern, Kevin Roby Quigley Stanton Zeldin the Journal, if ordered. Bilirakis Herrera Beutler Rodgers (WA) NOT VOTING—26 The vote was taken by electronic de- Bishop (NC) Hice (GA) Roe, David P. Bishop (UT) Higgins (LA) Rogers (AL) Abraham Cunningham King (NY) vice, and there were—ayes 225, noes 186, Bost Hill (AR) Rogers (KY) Babin Davis, Danny K. Marchant not voting 23, as follows: Brady Holding Rooney (FL) Beatty Duffy McEachin [Roll No. 540] Brooks (AL) Hollingsworth Rose, John W. Bergman Gonza´ lez-Colo´ n Radewagen Brooks (IN) Hudson Rouzer Buck (PR) Reed AYES—225 Buchanan Huizenga Roy Cheney Hagedorn San Nicolas Bucshon Hunter Rutherford Clyburn Huffman Shimkus Adams Doyle, Michael Lawson (FL) Aguilar F. Lee (CA) Budd Hurd (TX) Scalise Crawford Jackson Lee Thompson (MS) Burchett Johnson (LA) Schweikert Cummings Keller Weber (TX) Allred Engel Lee (NV) Axne Escobar Levin (CA) Burgess Johnson (OH) Scott, Austin b 1056 Barraga´ n Eshoo Levin (MI) Byrne Johnson (SD) Sensenbrenner Bass Espaillat Lewis Calvert Jordan Simpson Messrs. JOHNSON of Georgia, Bera Evans Lieu, Ted Carter (GA) Joyce (OH) Smith (MO) O’HALLERAN, Mrs. HAYES, Messrs. Beyer Finkenauer Lipinski Carter (TX) Joyce (PA) Smith (NE) Chabot Katko Smucker LYNCH and ROSE of New York Bishop (GA) Fletcher Loebsack Blumenauer Foster Lofgren Cline Kelly (MS) Spano changed their vote from ‘‘aye’’ to ‘‘no.’’ Blunt Rochester Frankel Lowenthal Cloud Kelly (PA) Stauber Messrs. HOLDING, MULLIN, and Bonamici Fudge Lowey Cole King (IA) Stefanik PALAZZO changed their vote from Boyle, Brendan Gabbard Luja´ n Collins (GA) Kinzinger Steil F. Gaetz Luria Collins (NY) Kustoff (TN) Steube ‘‘no’’ to ‘‘aye.’’ Brindisi Gallego Lynch Comer LaHood Stewart So the amendment was rejected. Brown (MD) Garamendi Malinowski Conaway LaMalfa Stivers The result of the vote was announced Brownley (CA) Garcı´a (IL) Maloney, Cook Lamborn Taylor Crenshaw Latta Thompson (PA) as above recorded. Bustos Garcia (TX) Carolyn B. Butterfield Golden Maloney, Sean Cuellar Lesko Thornberry Stated for: Carbajal Gomez Matsui Curtis Long Timmons Mr. HIGGINS of Louisiana. Mr. Chair, on Ca´ rdenas Gonzalez (TX) McAdams Davidson (OH) Loudermilk Tipton rollcall No. 539, I mistakenly voted ‘‘no’’ when Carson (IN) Gottheimer McBath Davis, Rodney Lucas Turner Cartwright Green, Al (TX) McCollum DesJarlais Luetkemeyer Upton I intended to vote ‘‘yes.’’ Case Grijalva McGovern Diaz-Balart Marshall Wagner The Acting CHAIR (Mr. Casten (IL) Haaland McNerney Duncan Massie Walberg BUTTERFIELD). The question is on the Castor (FL) Harder (CA) Meeks Dunn Mast Walden Emmer McCarthy Walker amendment in the nature of a sub- Castro (TX) Hastings Meng Chu, Judy Hayes Moore Estes McCaul Walorski stitute, as amended. Cicilline Heck Morelle Ferguson McClintock Waltz The amendment was agreed to. Cisneros Higgins (NY) Moulton Fitzpatrick McHenry Watkins The Acting CHAIR. Under the rule, Clark (MA) Hill (CA) Mucarsel-Powell Fleischmann McKinley Webster (FL) Clarke (NY) Himes Murphy (FL) Flores Meadows Wenstrup the Committee rises. Clay Horn, Kendra S. Nadler Fortenberry Meuser Westerman Accordingly, the Committee rose; Cleaver Horsford Napolitano Foxx (NC) Miller Williams and the Speaker pro tempore (Mr. Cohen Houlahan Neal Fulcher Mitchell Wilson (SC) Gallagher Moolenaar Wittman PETERS) having assumed the chair, Mr. Connolly Hoyer Neguse Cooper Jayapal Norcross Gianforte Mooney (WV) Womack BUTTERFIELD, Acting Chair of the Com- Correa Jeffries O’Halleran Gibbs Mullin Woodall mittee of the Whole House on the state Costa Johnson (GA) Ocasio-Cortez Gohmert Murphy (NC) Wright of the Union, reported that that Com- Courtney Johnson (TX) Omar Gonzalez (OH) Newhouse Yoho Cox (CA) Kaptur Pallone Gooden Norman Young mittee, having had under consideration Craig Keating Panetta Gosar Nunes Zeldin the bill (H.R. 1423) to amend title 9 of Crist Kelly (IL) Pappas the United States Code with respect to Crow Kennedy Pascrell NOT VOTING—23 arbitration, and, pursuant to House Davids (KS) Khanna Payne Abraham Cummings King (NY) Davis (CA) Kildee Perlmutter Resolution 558, he reported the bill Babin Cunningham Marchant Dean Kilmer Peters Beatty Davis, Danny K. McEachin back to the House with an amendment DeFazio Kim Phillips Bergman Duffy Reed adopted in the Committee of the DeGette Kind Pingree Buck Hagedorn Shimkus DeLauro Kirkpatrick Pocan Cheney Huffman Thompson (MS) Whole. DelBene Krishnamoorthi Porter Clyburn Jackson Lee Weber (TX) The SPEAKER pro tempore. Under Delgado Kuster (NH) Pressley Crawford Keller the rule, the previous question is or- Demings Lamb Price (NC) dered. DeSaulnier Langevin Quigley Deutch Larsen (WA) Raskin b 1106 Is a separate vote demanded on the Dingell Larson (CT) Rice (NY) amendment to the amendment re- Doggett Lawrence Richmond So the bill was passed.

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\A20SE7.006 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7853 The result of the vote was announced The SPEAKER pro tempore. Is there ing this difficult time with the loss of as above recorded. objection to the request of the gen- his wife. A motion to reconsider was laid on tleman from California? Mr. Speaker, I yield to the gen- the table. There was no objection. tleman. Mr. HOYER. Mr. Speaker, I thank PERSONAL EXPLANATION f the gentleman for yielding. Mr. BERGMAN. Mr. Speaker, on rollcall LEGISLATIVE PROGRAM Mr. Speaker, I know that Mr. CLY- Votes 539 and 540, I am not recorded be- BURN and the Clyburn family very cause I was not present in the House. Had I (Mr. SCALISE asked and was given permission to address the House for 1 much appreciate his condolences and been present, I would have voted: ‘‘nay’’ on his remarks. rollcall No. 539 and ‘‘nay’’ on rollcall No. 540. minute and to revise and extend his re- marks.) JIM CLYBURN and I have known each PERSONAL EXPLANATION Mr. SCALISE. Mr. Speaker, I rise for other for over half a century. His wife, Mr. CUNNINGHAM. Mr. Speaker, on Sep- the purpose of inquiring of the major- Emily, he met during the course of the tember 19 and 20, 2019, I was absent from ity leader the schedule for the week to civil rights struggle. She, too, was a the House chamber. I returned to my district in come. drum major for justice, as JIM CLYBURN has been. South Carolina to attend to a family matter. Mr. Speaker, I yield to the gentleman Accordingly, I was unable to vote on three leg- She has, as the gentleman pointed from Maryland (Mr. HOYER), my friend. out, been facing health challenges for islative measures on the floor. Had I been Mr. HOYER. Mr. Speaker, I thank present and voting, I would have voted as fol- some period of time. And, yes, she is in my friend for yielding. a better place. But as one who has lost lows: ‘‘aye’’ on rollcall No. 536: H. Res. 564, On Tuesday, the House will meet at On Motion Ordering the Previous Question on his spouse, I know what a difficult time 12 p.m. for morning-hour debate, and 2 this is for JIM CLYBURN. the Rule providing for consideration of H.R. p.m. for legislative business, with votes 4378; ‘‘aye’’ on rollcall No. 537: H. Res. 564, I would let all the Members know postponed until 6:30 p.m. that there will be a service in Colum- On Passage of the Rule providing for consid- I remind Members that is Tuesday, eration of H.R. 4378; ‘‘aye’’ on rollcall No. 538: bia, a wake, on Sunday at 5 o’clock, not Monday. We will not be in session and the funeral will be in Charleston at H.R. 4378, On Passage, Making continuing on Monday. 11 a.m. I intend to be in attendance. appropriations for fiscal year 2020, and for On Wednesday and Thursday, the Any Member, I know, would be wel- other purposes; ‘‘nay’’ on rollcall No. 539: H.R. House will meet at 10 a.m. for morning- come to be there as well. 1423, On Agreeing to the Amendment, Jordan hour debate and 12 p.m. for legislative JIM CLYBURN has been a giant in this #1 to the Forced Arbitration Injustice Repeal business. body. He has been a leader on our side Act; and ‘‘aye’’ on rollcall No. 540: H.R. 1423, On Friday, the House will meet at 9 of the aisle now for almost 20 years, On Passage, the Forced Arbitration Injustice a.m. for legislative business. Last votes and before that, a leader of the Con- Repeal Act. of the week are expected no later than gressional Black Caucus and somebody f 3 p.m. who has been a strong voice, particu- THE JOURNAL We will consider several bills under larly for rural communities and for suspension of the rules, including H.R. people who are challenged either be- The SPEAKER pro tempore. Pursu- 1595, the SAFE Banking Act of 2019, as cause of the color of their skin or their ant to clause 8 of rule XX, the unfin- amended. The complete list of suspen- economic status. ished business is the question on agree- sion bills will be announced by the I know that Emily was his partner in ing to the Speaker’s approval of the close of business today. those efforts, as the gentleman knows. Journal, which the Chair will put de The House will consider H.R. 2203, the She was a wonderful, warm woman and novo. Homeland Security Improvement Act, will be greatly missed. But the gentle- The question is on the Speaker’s ap- and H.R. 3525, the U.S. Border Patrol man’s observation that she is in a bet- proval of the Journal. Medical Screening Standards Act. ter place is one with which I agree, and Pursuant to clause 1, rule I, the Jour- These bills will improve how the De- I know that JIM CLYBURN agrees as nal stands approved. partment of Homeland Security over- well. Mr. Speaker, I thank the gentleman f sees border issues in a humane and re- for his comments. I know that all sponsible manner, including the care of PERMISSION FOR MEMBER TO BE Members join us in sending JIM CLY- children. CONSIDERED AS FIRST SPONSOR BURN and the family our deepest sym- OF H.R. 463 Members are of course advised that pathy and condolences. there is additional legislation that may Mr. GARAMENDI. Mr. Speaker, I ask Mr. SCALISE. Mr. Speaker, our come forward. hearts will be with him during that unanimous consent that I may here- Mr. SCALISE. Mr. Speaker, I thank after be considered to be the first spon- ceremony and service, and we will all the gentleman for going through the be there for him to lean on us during sor of H.R. 463, a bill originally intro- schedule. duced by Representative Walter Jones these next months. At times it is going I know the gentleman joins me in ex- to be difficult, but we appreciate the from North Carolina, for the purposes tending our sincere condolences to our fact that he is going to continue to be of adding cosponsors and requesting friend, my counterpart as the majority with us, but probably be leaning on us reprintings pursuant to clause 7 of rule whip of the House, JIM CLYBURN, on the even more. XII. loss of his wife, Emily. They were mar- A wonderful, wonderful family. The SPEAKER pro tempore (Mr. ried for 58 years, and were a wonderful Mr. Speaker, I would like to shift HARDER of California). Is there objec- family. gears and ask the gentleman about the tion to the request of the gentleman b 1115 USMCA trade deal. I know there have from California? been some more negotiations with Am- There was no objection. I know she had been battling for bassador Lighthizer, and just last f awhile and she is in a better place, but week, he had sent a letter in response for our friend, I know it is a tough to some of the issues that were raised REMOVAL OF NAMES OF MEM- time. by the Speaker and her team that is BERS AS COSPONSORS OF H.R. I got to know his daughter Mignon, working on USMCA. I know he worked 3193 who served on the FCC for a number of in those weeks after the initial re- Mr. GARAMENDI. Mr. Speaker, I ask years during the Obama administra- quests were made to try to see how unanimous consent that the names of tion, and she definitely learned from each of those can be addressed, hope- Representative KILDEE from Michigan her mom and dad, just a wonderful per- fully in a way that allows us to move and Representative LURIA from Vir- son. forward with an actual vote on the ginia be removed as cosponsors of H.R. So, I am sure my friend would join House floor on USMCA. 3193, the Transportation Emergency me to extend our sincere condolences Mr. Speaker, I just want to inquire if Relief Funds Availability Act, of which and our heartfelt prayers to our friend the gentleman has any timetable or up- I am the sponsor. JIM CLYBURN and his whole family dur- date on where we are in those talks.

VerDate Sep 11 2014 02:29 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.025 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7854 CONGRESSIONAL RECORD — HOUSE September 20, 2019 Mr. Speaker, I yield to the gen- and then Mexico, which has already The drug bill that we have is going to tleman. ratified it, would have to go back. Can- be dealing with private sector pro- Mr. HOYER. Mr. Speaker, I thank ada stands waiting to move on it as ducers, privately owned, of prescription the gentleman for his question. well, but right now, we are the holdup. drugs. I don’t have a timetable, but I share There are a lot of jobs at stake, over This is not anything about socialism, his view that we want to move this 160,000 jobs. Our farmers are counting but I know the gentleman wants to use along. As I told him, and the Speaker on this. So many other manufacturing that word. I know his advisers appar- was on the floor, we were trying to get sectors in our economy are counting on ently have told him that is going to be to ‘‘yes’’ on this. this. a catchword that politically will be Again, we appreciate Ambassador So, hopefully, we can move quickly great for the next election. But if the Lighthizer’s good faith. We think he to work through these and then ulti- gentleman wants to seek bipartisan- has been dealing in good faith on behalf mately get it passed and move to the ship, let’s just not try to color every- of the administration and on behalf of next countries that want to enter into thing we say in terms that clearly reek getting to an agreement, so we appre- agreements with the United States, of partisanship, not bipartisanship. ciate that. and ultimately to confront China, to Now, as to the bill itself, very frank- Mr. Speaker, as the gentleman resolve the differences that we are hav- ly, we introduced a bill yesterday. The knows, we are eager to update and im- ing with China. committee has been working on it. prove NAFTA so that it functions bet- But I know the gentleman is working When I say ‘‘the committee,’’ the En- ter for the American businesses and on his side. And, again, I would just en- ergy and Commerce, the Education and workers. However, for House Demo- courage that we do that as quickly as Labor, and the Ways and Means Com- crats, as the gentleman knows, getting possible and expedite it and then get it mittees have all been working on this NAFTA 2.0 done right means doing passed, but we will continue working bill. There has been no secret about it. more than just changing its name. We on that. We have been discussing it. need to make sure it changes actually Something else we would like to It has three components, essentially, its work, and by that, we mean en- work on in a more bipartisan way is as the gentleman knows. It has a com- forcement. drug pricing. ponent of negotiation, which, of course, The President has been very clear Both the Speaker and I voted for as the gentleman knows, the Veterans that he wants a bipartisan bill that is NAFTA. We were concerned and dis- Administration does so right now. worked out here in Congress to lower appointed that the sidebars were not I don’t know whether the gentleman drug prices. There have been many ef- carried out, so we are pursuing that. thinks that is socialism in the Vet- forts made and, in fact, positive steps The U.S. Chamber of Commerce, as erans Administration—maybe he taken by the Energy and Commerce the gentleman knows, has said: ‘‘The does—but in any event, it is not a Committee to pass a package of bills commitments in the trade pact aren’t unique proposal. It puts inflation lim- out of committee unanimously to worth the paper they are written on if lower drug prices. its on drug prices so we can’t have drug they can’t be enforced.’’ Unfortunately, the Speaker took a prices that people need to maintain Not only do we agree with that, but different turn and, yesterday, had a their health and their lives increase that has been our experience, so we are press conference and then ultimately 100, 200, 300, 400, 500, 700, 800 percent in hoping that we get mechanisms to ac- filed a bill last night, H.R. 3, which was a very short period of time. We don’t complish that objective. written in secret. Many Democrats think that is really what ought to hap- In 25 years, we have only had one suc- don’t even know what is in it. pen. cessful enforcement action under But no Republicans were consulted Lastly, it restructures the medical NAFTA—dispute resolution proce- and involved in the process, and it part D benefit to cap out-of-pocket dures—and none in the past 20 years, so ended up becoming a very partisan bill, spending for seniors, somewhat as the that is why we believe enforcement is much to the socialist left, which Republicans did with their part D so very important. wouldn’t solve the problem and, more under President Bush. Mr. Speaker, I will tell the gen- importantly, wouldn’t get to the Presi- So this is a proposal that is doing tleman—and I know he will find this as dent’s desk because it is not an effort what we said we would do in the last a positive—there is a meeting today that involved any bipartisan coopera- election, and that is to try to look at with the task force that was set up by tion. bringing down the cost of prescription the Speaker, headed by Mr. NEAL, with Again, I point out there was a pack- drugs, lifesaving, life-enhancing, Mr. Lighthizer, so this process is under age of bills that passed unanimously health-enhancing drugs, so that people active and vigorous consideration. out of Energy and Commerce that are not priced out of the market or We hope we get to a place where the would lower drug prices. Both parties have to make a choice between food, administration will be able to submit, agreed. Every single member on the mortgage, rent, and the prescription pursuant to the statute, the proper Energy and Commerce Committee drugs which they need to be healthy. agreement so that we can proceed on agreed. Unfortunately, that was Now, I agree that we do need a bipar- it, but we want to get this done. shelved in lieu of this partisan ap- tisan solution, but so does the Presi- Mr. SCALISE. Mr. Speaker, I would proach. dent of the United States. When the just encourage those talks to move as I would hope that we take it more se- gentleman says ‘‘done in secret,’’ let quickly as they can, because as we riously than that and actually work to- me give a quote that the President of share the interest of making sure that gether to get a bill that the President the United States says: ‘‘I like Senator not only do we have better agreements, can sign to lower drug prices as quick- GRASSLEY’s drug pricing bill very which this USMCA deal that was nego- ly as possible. The approach that was much. . . . ‘’ tiated with Mexico and Canada does taken yesterday does not answer this I will say, I do not know the depths have better provisions for the United call, and I would hope we would do bet- of Senator GRASSLEY’s bill, but it is States, we need to make sure that ter. Senator GRASSLEY’s bill, the Repub- there is proper enforcement, because if Mr. Speaker, I yield to the gen- lican chairman of the Senate Finance somebody doesn’t follow through, then tleman. Committee. we need to make sure we can hold them Mr. HOYER. Mr. Speaker, I thank Now, continuing to quote the Presi- accountable. the gentleman for yielding. dent: ‘‘ . . . and it’s great to see Speak- While I am confident that there are Mr. Speaker, let me first say, if the er PELOSI’s bill today.’’ already enforcement provisions in the gentleman wants to pursue bipartisan- That is the ‘‘socialist’’ bill to which agreement, if they can be made strong- ship—I know that they all want to use the gentleman referred just now. er, I know Ambassador Lighthizer is the word ‘‘socialist,’’ which was egre- Let’s get it done in a bipartisan way. working to find a way to do that, but giously misidentified in an ad that I In other words, what the President of also in a way that doesn’t start the wrote to Mr. SCALISE about, which was the United States is saying is the Re- whole process over, where we don’t a hateful ad. My suggestion is ‘‘lib- publican chairman of the Senate Fi- have to open the entire agreement up eral,’’ this, that, and the other. nance Committee has introduced a bill;

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.027 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7855 Speaker PELOSI and others have intro- say you are not going to impeach the And, a lot of times, the companies duced a bill. Let’s try to work together President. You want to promote the don’t give that information to the ge- on those bills. That is what President Green New Deal, but you don’t want to neric company, so it is harder to get Trump said just the other day. That is bring it to the floor, so your Members generics, which are lower prices. what I expect we are going to do. don’t have to be exposed to the vote. It is not the government coming in So I appreciate the gentleman’s com- But, ultimately, as long as the gen- saying, if you think you know what a ments. We hope we can work in a bipar- tleman is going to embrace and allow drug price should cost, or any product tisan way, because this is a very crit- socialist ideas to come forward, people should cost, good luck out there in the ical challenge that the American peo- are going to call it for what it is. And marketplace. But if you want to stifle ple face. They know they need these if the gentleman doesn’t agree with so- innovation, if you want to stifle the prescription drugs to stay alive, to cialism, then just stop embracing the ability to actually go and invest and stay well, to be able to continue to ideology and the actual policies. have companies come up with life- work. But if they are priced out of the So when the gentleman talks about a saving drugs, it costs billions of dol- market, they suffer; and, therefore, our bill where the President said—and he lars. If you want to lower drug prices, economy suffers; and, therefore, we all read it and I will read it again—let’s work with us to reform the FDA proc- suffer. get it done in a bipartisan way; the bill ess so that it doesn’t take 10 years and So I share the gentleman’s view that that was filed by Speaker PELOSI yes- $5 billion to develop a drug. I hope we can get this done in a bipar- terday was not a bipartisan bill, it was There are real things that can be tisan way. Senator GRASSLEY has a a hyperpartisan bill. So we are talking done in a bipartisan way to address proposal; we have a proposal. Let’s see about the House bill. The Senate bill is that, and yet the gentleman’s party what we can do together to assist the still a work in progress. And we all won’t do that. They want to sit in a American people in having something know how the Senate works. Maybe room and come up with a bill that no- that they absolutely must have. they produce a bill and maybe they body else has seen, that no Republicans Mr. SCALISE. Mr. Speaker, there are don’t, but it is not a final product. were allowed to be a part of, that is not a number of items to address there. The bill that was filed on your side, going to become law. So there is a way First, clearly, there is kind of a re- yesterday, is a bill that most of your to lower drug prices. coil that seems to happen by Mr. own Members haven’t even seen, be- And, again, there was a package of HOYER and a number of others on the cause it was written in secret only bills passed out of Energy and Com- other side when the term ‘‘socialism’’ from a very far left approach. When merce, every single Member, Repub- is used to identify the policies that are Speaker PELOSI, yesterday, was asked lican and Democrat, voted for it. That being— if she is willing to negotiate a bill that is the path right there to get some- Mr. HOYER. Mr. Speaker, will the doesn’t allow the government to nego- thing done and you shelved the bills. gentleman yield to me? tiate prices, she said, ‘‘no, absolutely, You threw poison pills on the bill, so Mr. SCALISE. Mr. Speaker, I yield to positively no,’’ so she is not even will- they won’t become law. the gentleman. ing to negotiate. Why not work with people who have Mr. HOYER. Mr. Speaker, I wrote the That is not bipartisan. That is not an the expertise and come to an agree- gentleman a letter. Did he believe that approach that is going to get a bill ment? That bill could be signed by the that ad that I complained about and signed into law to lower drug prices. President today. People could be pay- that I thought was so egregious, so dis- You want to lower drug prices. We ing lower prices for drugs today, but gusting, does he agree with me that worked together. you won’t bring that bill to the floor. that ad totally misrepresented what By the way, Ranking Member WAL- Why not bring that package of bills to socialism is? It deluded the American DEN was not even consulted, but Rank- the floor? people. It was a big lie. Does the gen- ing Member WALDEN worked with If you want to come up with other tleman agree with me? Chairman PALLONE to bring bills out of ideas to lower drug prices in other Energy and Commerce, for example, to ways, great, let’s work on that, too. b 1130 stop a process that currently is legal But, at a minimum, bring the bills that Mr. SCALISE. First of all, I haven’t that allows drug companies, right be- already came out of committee unani- seen the ad the gentleman is referring fore the patent expires, when the drug mously, that absolutely everybody to. But if he wants to start going is about to become available for agrees, Republican and Democrat, will through ads and he wants me to send generics, companies, of course, go and lower drug prices, and you refuse to him some ads where people on his side make the generic drug. And, right now, bring that bill to the floor, that pack- lie about positions that Members on the process of the FDA is for a period age. Why not do that? our side have taken, I will be happy to of time, usually a rolling 6 months, one Mr. Speaker, will the gentleman con- give him a litany of false ads, mis- company is given the exclusive rights sider bringing that package of bills leading ads, then we can go back and to provide the generic for a period of that was unanimous out of committee forth on that. time. Ultimately, other companies are to lower drug prices? Every Republican But if he is trying to hide from the allowed in. But for the first period of and every Democrat agreed on the term ‘‘socialism’’ when he promotes so- months and months, it could be years, committee of jurisdiction that these cialist policies, we can have a debate only one company has the exclusive things will lower drug prices, and we about what socialism is. It is an ide- right to do the generic. And the drug can’t get a vote on that. ology, it is not a word that is thrown companies are allowed to pay the ge- Mr. Speaker, I yield to the gen- around, and it involves government neric company not to sell the product. tleman. control of your life. So you only have the original drug. Mr. HOYER. Mr. Speaker, we brought So when you move bills like the You don’t have the generic available a bill to the floor that the gentleman Green New Deal or when you see a because the companies can pay the spoke about that prohibited pay for Presidential candidate on your side company not to make the generic. delay, prohibited drug companies from running around saying he is going to We have a bill called No Pay for paying generics not to bring their go to people’s houses and take their Delay. We make it illegal for the drug drugs to the market so that drug prices guns—that is a candidate for President companies to pay the generics not to would be lower for consumers. of the United States on your side— make generics. That will lower drug Mr. Speaker, of the 194 Republicans, those are socialist policies. If the gen- prices. maybe even 98 Republicans—I don’t tleman doesn’t want the term applied, We also improve the process where know how many were elected at that then don’t promote that ideology, you can get the drugs to the generic point in time—5 of them voted for it, don’t embrace that ideology, reject the companies earlier so they can make 190 voted against it. ideology. But he won’t. the product. For the companies to ac- Mr. SCALISE also said that we wanted You want to try to play it both ways. tually make a generic, you have to to protect that no one with a pre- You want to try to act like you are have available the details of what is in existing condition would be denied going to impeach the President, but the drug so you can make the generic. healthcare. Five Republicans voted for

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.028 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7856 CONGRESSIONAL RECORD — HOUSE September 20, 2019 that bill. Six years, the Republicans, scandals at the VA, veterans dying together to get that done. It is law. It Mr. Speaker, were in charge, totally. waiting to get care. wasn’t just a bill that we passed out of There was no effort to bring a bill to We actually passed legislation this the House in a partisan way. We this floor to bring drug prices down. Congress that got signed into law last worked with Democrats and we got it And, in fact, Americans know drug Congress to allow veterans to go to an- done. It is on the books now. prices didn’t come down. The President other hospital that can actually treat So I would hope, if we are looking at was a Republican, the House was Re- them if the VA is not doing the job. models to use, that we look at the publican, the Senate was Republican. And I know a number of people in the models of those bills that have actually They didn’t bring a bill to the floor, gentleman’s party oppose that, but our made it all the way through the proc- Mr. Speaker. veterans appreciated it. While you ess where we worked with people on Two of the three proposals in our bill might be able to get good care at some both sides and solved real problems. are also in the Grassley bill. VA hospitals, there were—and the That should be the objective. Not to And, Mr. Speaker, we are going to scandals, you have seen the ads, those make a statement and just work with a have regular order. We have introduced aren’t false ads—veterans literally few people here and there when you a bill, it is going to go to committee, it dying waiting to get into VA hospitals, have a roadmap for something that can is going to be subject to amendment, it and the VA was telling us there was no be overwhelmingly passed out of this is going to be subject to debate, it is secret list when, in fact, there were se- House and then get to the President’s going to be subject to hearings. cret lists that were not allowing these desk. Now, we will see whether it is a bi- veterans to get proper care. Mr. Speaker, I yield to the gen- partisan process. Because, very frank- So the VA CHOICE Act was passed tleman. ly, the record of bipartisanship when specifically to address that problem b 1145 the Republicans were in charge is pret- and, ultimately, allow our veterans to ty absent. be able to go to another hospital if the Mr. HOYER. Mr. Speaker, I thank Of the 19 major bills that we passed, VA isn’t properly taking care of them. the gentleman for yielding. we got 618 Republican votes, so they Our veterans deserve the best care. If a Mr. Speaker, the gentleman didn’t weren’t too partisan. Now, admittedly, VA hospital can’t provide it, then answer my question, of course. about 400 of those votes were on four someone else should, and, in fact, now Mr. SCALISE. Mr. Speaker, I ask the bills that went through this place in a other hospitals are. Our veterans have gentleman: What was the question? I very bipartisan fashion. asked for that and now have that abil- yield to the gentleman. So I would hope that we see biparti- ity. Mr. HOYER. Mr. Speaker, it has sanship when the committee marks up But if the gentleman wants to talk nothing to do with the standard of care this bill, and we will do what the Presi- about bipartisanship, again, I go back at the VA, managed by the administra- dent says he wants to do. We will see to the bills that passed out of com- tion, which, of course, has had the whether he supports that. mittee unanimously. When those bills Presidency for the last 3 years. They have the Grassley bill and now came to the floor, they were changed Whether you pay $5 for prescription you have a Democratic bill in our to make them partisan. And if he drugs or $50 for prescription drugs, that House. They are going to have hearings thinks 5 Republicans out of 197 is bi- is not the standard of care. That is how in the Senate, led by Republicans, Mr. partisan, I think he needs to go and much you are paying for the drug that Speaker. We will have hearings here, look back at what, ultimately, is going you think helps either a veteran or a led by Democrats. But Republicans and to allow a bill to become law. To be- nonveteran. Democrats will both participate in come law, it is going to have to have a But let me say this: The gentleman those hearings, and it is going to be bi- lot more support than that, which keeps talking about, Mr. Speaker, partisan, and we will see whether we means the games have to stop being these bipartisan bills. The reason they can come up with bipartisanship. played. The poison pills can’t be put in weren’t bipartisan in passing this But the gentleman continues to want a bill and then expect that to become House is because we added ACA protec- to make some political patina with law. You can pass it out of the House, tions. this, some partisan patina, Mr. Speak- and it will never become law. We added preexisting condition pro- er. I asked him, but he didn’t respond. So the ultimate goal, I would hope, visions to those bills, and the Repub- He says he hasn’t seen the ad. I wish he would be for us to come together to get licans, therefore, voted against. Why? would look at the ad. It is an egregious a bill to the President’s desk. The bills Because they have been against the Af- piece of political diatribe. But I would that came out of committee unani- fordable Care Act and its adoption, hope that he would also urge his Mem- mously could have absolutely gotten to against it in the campaigns. bers to work together. the President’s desk and would be low- When they had the opportunity to And this business we negotiate for ering drug prices. Once you start add- change it, they couldn’t do it. They drugs right now, Mr. Speaker, through ing things to them—maybe you get a came up with a goose egg, Mr. Speaker. the Veterans Administration to ensure few Republicans here and there—but The President said, during the course that our veterans get the best cost ultimately you took an unanimous bill of the campaign, that he was going to they can get. Apparently, that is okay, and made it a partisan bill and it is not present a bill that included coverage but doing the same thing, Mr. Speaker, going anywhere. for every American at a lower cost and for American consumers of prescription So there is a path, if you want to get a higher quality. I tell the press, as drugs who are not veterans is somehow it back on track, to get a bill to the soon as he sends that bill down, Mr. characterized by the gentleman as gov- President’s desk. You can make state- Speaker, I am going to vote for it. He ernment control. ment, or you can make law, and I has been President now for 3 years, a I urge the gentleman to proceed, as would hope we do both. I hope we actu- little short of that. No bill has come he speaks, on a bipartisan basis and see ally work together to make something down. whether or not we can get to an agree- come together that not just can pass The bill that the Speaker and major- ment in this House. But we are going the House and barely get it across the ity leader went down to the White to pass something to bring drug prices finish line, but where we can get over- House and cheered about, look, we down for the American consumer be- whelming support. The ability is there. passed this bill, and they sent it to the cause that is what we promised to do, And those bills, by the way, took Senate. The President was there at the and we are going to do it. We hope we years to come together, just like the White House. It was a great bill, and can do it in cooperation with every- 21st Century Cures Act, a bill that took within 14 days, he called it a ‘‘mean’’ body in this House, but we are going to a long time to put together when we bill. do it. were in the majority, but, ultimately, Let me tell you what the President Mr. SCALISE. Mr. Speaker, I hope got to the desk of Barack Obama, and further said, Mr. Speaker, and the the gentleman is not going to try to he signed it. It is great law. It is some- characterization differs from the char- use the VA as the standard of care that thing that, ultimately, is going to help acterization that my friend, the Repub- every American should get. We saw the us cure major diseases, and we came lican whip, exhibited. The President

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.031 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7857 endorsed Medicare drug price negotia- the fundamental reasons why it costs REMEMBERING MARKIYA SIMONE tions in his campaign and put forward billions of dollars, instead of maybe DICKSON a proposal to use international prices hundreds of millions of dollars, to cre- (Ms. SPANBERGER asked and was as a guide to limit out-of-control U.S. ate a new lifesaving drug. given permission to address the House prices. That is what the gentleman’s There are reasons that the cost is so for 1 minute and to revise and extend President said. high to bring a drug to market. Thank her remarks.) The administration has endorsed the goodness there are companies that are Ms. SPANBERGER. Mr. Speaker, I other two concepts of inflation limits out there that are willing to invest bil- rise today to tell the story of Markiya on drug prices and improving Medicare lions of dollars. Sometimes they don’t Simone Dickson. part D as part of the legislation put succeed, by the way, and they have to She was an energetic, kind, and forward by Senator GRASSLEY. eat that cost. But if they do succeed in spunky 9-year-old girl. She was a be- I guess everybody has their own defi- finding a new drug that will save lives, loved daughter and an adored sister. nition of bipartisanship. it typically costs billions of dollars and Mr. SCALISE. Well, clearly, as the She was in third grade, and she was years and years of bureaucratic red preparing to sing a Justin Bieber song gentleman talks about the Grassley tape and other processes that they bill that is moving through the Senate, in her school’s upcoming talent show. have to go through to finally bring On May 26, 2019, Markiya and her let them do their work. Let them find that drug to market. a way to come together with their 60- family attended a community picnic in That is where we should focus our en- Richmond, Virginia. From across the vote rule and produce a bipartisan bill. ergies, on compressing that process so I encourage them to do that. They park, a random gunshot went through it can happen quicker, addressing other haven’t yet, but I encourage them to the crowd, and this senseless, cruel act problems within the way that a drug do that. of gun violence took Markiya’s life. When the gentleman talks about the comes to market so that it doesn’t cost During and since this unimaginable ACA, let’s be clear, because the vast billions of dollars, and we can have time, Markiya’s parents, Mark Whit- majority of people on the gentleman’s more lifesaving drugs at lower costs. field and Ciara Dickson, have dem- side now—especially in the Presi- If we are going to ignore that side of onstrated extraordinary strength, de- dential campaign, the Democratic can- the equation and say: Here, we are just termination, and courage. They con- didates for President—are not talking going to set the price without address- tinue fighting to ensure Markiya’s about the ACA anymore. They are ing the fundamental problems that are name and her beautiful life are never talking about what is referred to as leading to such high costs, then all forgotten. Medicare for All. that is going to happen is that nobody They stand by their steadfast wish to I will yield in a moment, but if the is going to make the investment to go fight back against gun violence in our gentleman read the bill, Medicare for find the next lifesaving drug. communities so that other parents will All, number one, it gets rid of the pri- You will never know what could have never have to experience the pain that vate insurance marketplace. Over 180 happened. We see every day there are they feel following Markiya’s death. million people lose that healthcare. amazing breakthroughs in medical Markiya was beloved by those who Then, if you look at Medicare Advan- technology, and we want to continue knew her, and the Richmond, Virginia, tage, an incredibly popular and suc- encouraging that. community stands with her family at cessful part of Medicare is gone. It goes Something like the 21st Century this time. Together, we share her away. Cures Act actually achieves it. Again, story; we mourn her death; and we So 200 million people lose what they we came together to put that bill into promise to fight for safer communities have now that they like, and everybody law to now allow for lifesaving drugs, for all our children. is placed in Medicare, which, as we all especially in areas like cancer, Alz- f know, pays below-market rates. Most heimer’s, and ALS. We are going to get RECOGNIZING 75 YEARS SINCE rural hospitals said they will close. If real big breakthroughs. There are al- HANFORD’S B REACTOR WENT that bill passes, they can’t even oper- ready some big breakthroughs because CRITICAL ate. They will close because they can’t of that. continue to run and make any kind of I yield to the gentleman. (Mr. NEWHOUSE asked and was profit. They lose money, and they ulti- Mr. HOYER. Mr. Speaker, I have given permission to address the House mately close down. They have said it. nothing more to say. for 1 minute.) People know, people understand, how Mr. SCALISE. Mr. Speaker, I know Mr. NEWHOUSE. Mr. Speaker, I rise the healthcare marketplace works. we will have more debates next week today to recognize an important anni- Know that if you get rid of the private over the limited number of items com- versary in our Nation’s nuclear and insurance market, that is what is pay- ing to the floor. Hopefully, some of military history. ing for Medicare and Medicaid today. these other items can get addressed in At the start of the atomic age, thou- Medicare for All, which, again, is the a bipartisan way, but I know there are sands of men and women, our Cold War catchphrase that is being used by every other battles ahead, and we will do our patriots, moved to central Washington Presidential candidate on the gentle- part to try to come together to address State to work on a top-secret govern- man’s side, and maybe they all want to these problems. ment project, building the world’s first have their own version of it, is a far If the gentleman has nothing else, full-scale nuclear reactor. different place than even the ACA. then I yield back the balance of my During World War II, Hanford, Wash- We can continue and will continue to time. ington, was selected as one of the three have a debate about the best way to fix sites for the Manhattan Project, and our broken healthcare system, and f September 26 marks the 75th year since focus on lowering prices and protecting the B Reactor went critical at the Han- people with preexisting conditions, but ford site. ADJOURNMENT FROM FRIDAY, in a way that you can actually let peo- Since then, the Tri-Cities has grown SEPTEMBER 20, 2019, TO TUES- ple choose their own plans and buy as a hub for innovation, with an appre- DAY, SEPTEMBER 24, 2019 whatever they want from wherever ciation of the past and an excitement they want it. Mr. HOYER. Mr. Speaker, I ask for the future, transforming into the That is how people get all other prod- unanimous consent that when the fastest growing economy in Wash- ucts. Healthcare, for various reasons, House adjourns today, it adjourn to ington State. doesn’t work that way. But, clearly, on meet on Tuesday next, when it shall The B Reactor has been converted the drug-pricing side, there have been a convene at noon for morning-hour de- into the centerpiece of the Manhattan lot of good ideas that came together bate and 2 p.m. for legislative business. National Historical Park, where all are that would be proven to lower drug The SPEAKER pro tempore. Is there welcome to experience its history. prices. objection to the request of the gen- But the work at the Hanford site If we want to get into the high cost, tleman from Maryland? must continue as the Federal Govern- which I agree is a problem, let’s look at There was no objection. ment has a moral and legal obligation

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.033 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7858 CONGRESSIONAL RECORD — HOUSE September 20, 2019 to clean up the country’s largest nu- These increased costs are ultimately of Coca-Cola memorabilia and still clear waste site. passed along to consumers through drinks a Coke every day. Also, every Mr. Speaker, I urge my colleagues to higher fees and fewer options, and they year, from October until Christmas, join me in thanking the Cold War pa- would negatively impact any American Burma is known for making delicious triots at Hanford for their important who has a bank account, credit card, or peanut brittle to give to friends and contributions to our country. retirement plan. We have had that de- family, as well as her doctor, the post- f bate before. man, the staff at her HEB store, bank- Dodd-Frank directed that the Con- ers, pharmacists, and many more. Her COMMENDING ATLANTIC CITY sumer Financial Protection Bureau recipe is so good that, when her son-in- HIGH SCHOOL TRACK AND FIELD promulgate a rule on mandatory arbi- law took it to the Texas State Fair, it TEAM tration. While Congress overturned won third prize. (Mr. VAN DREW asked and was given that rule in 2017 because it would ad- Burma has a giving spirit and aspires permission to address the House for 1 versely impact consumers, the Obama to bring joy to others. During her nine- minute and to revise and extend his re- administration’s own study found that ties, she made regular trips to nursing marks.) the average consumer receives approxi- homes to visit with their residents and Mr. VAN DREW. Mr. Speaker, the mately $5,400 through arbitration and went grocery shopping for a home- Atlantic City High School track and only $32 through a class action lawsuit. bound neighbor. Even now, as a resi- field team is comprised of some incred- That means the average customer who dent of Crestview Retirement Home in ibly driven athletes. prevailed in arbitration received 166 Bryan, she spreads cheer to her friends. Claudine Smith and Isaiah Whaley, times more than the average class She prays for a long list of people every both graduating seniors, were espe- member in class action settlements. night and spends her time showing cially impressive contributors to their Mr. Speaker, my time has expired, Jesus’ love to others. team’s success. but I would urge opposition to this Mr. Speaker, Burma Beal has lived a During her time on the team, wrongheaded idea in the United States long life filled with love, joy, and serv- Claudine won three State, seven south Senate. ice to others. I am proud to recognize Jersey, six Cape-Atlantic League, and b 1200 her on this joyous occasion, and I know six Atlantic County championships. It that her family and friends love her is unbelievable. With these accomplish- RECOGNIZING BURMA BEAL’S and are proud of her. I wish Burma ments closing out her high school ca- 100TH BIRTHDAY many more years of health and happi- reer, it is no wonder she was named the The SPEAKER pro tempore. Under ness. Press Girls Outdoor Track and Field the Speaker’s announced policy of Jan- I have requested that a United States Athlete of the Year. uary 3, 2019, the gentleman from Texas flag be flown over our Nation’s Capitol Isaiah, too, surpassed many records (Mr. FLORES) is recognized for 60 min- to recognize Burma Beal’s 100th birth- during his time. He broke his school’s utes as the designee of the minority day. 26-year-old record in the 400-meter dash leader. As I close today, I urge all Americans and ranked number five in the State of Mr. FLORES. Mr. Speaker, I rise to continue to pray for our country, for New Jersey for the event. today to recognize Burma Beal of our veterans, for our military men and These students are incredibly tal- Bryan, Texas, who turned 100 years old women who protect us, and for our first ented, and their head coaches, Roy on September 15, 2019. responders who keep us safe at home. Wesley, Jr., and Jonathan P. Parker, Burma Faye Ellis Beal was born Sep- HONORING SERGEANT MAJOR JAMES SARTOR undoubtedly helped them develop and tember 15, 1919, in Jewett, Texas, to Mr. FLORES. Mr. Speaker, I rise grow in their sport. Wade and Susan Ellis. She grew up in today to honor Sergeant Major James To all the members of the Atlantic Jewett and was known as the girl who Gregory ‘‘Ryan’’ Sartor of Teague, County track and field team, we are climbed to the top of the water tower Texas. immensely proud of your hard work when she was just 12 years old. She Sergeant Major Sartor was killed on and determination, and we can’t wait graduated from Jewett High School as July 13, 2019, after he sustained injuries to see what you all achieve in the fu- salutatorian in 1936, where she played from enemy fire in Faryab province, ture. tennis and participated in the Texas Afghanistan. We are proud of you in Atlantic State tournament for this sport. Sergeant Major Sartor was born Sep- County. We are proud of you in south In 1937, Burma graduated from the tember 23, 1978, in Teague, Texas, to Jersey. We are proud of you in New Austin Beauty School. Just a year James Sartor and Mary Teresa ‘‘Terri’’ Jersey. And we are proud of you in the later, she married Oren Beal. Together, Pryor. He was an excellent football United States of America. they would have 3 children, 6 grand- player and graduated from Teague f children, and 12 great-grandchildren. High School in 1997. After moving to Bryan, Texas, After graduation, he moved to Col- FINANCIAL SERVICES ARBITRA- Burma owned and operated Burma’s lege Station to work, where, in the fall TION IS BETTER FOR CON- Beauty Shop for 46 years. In that time, of 2000, he met the love of his life and SUMERS she forged many strong friendships. future spouse, Deanna Unger. They (Mr. BARR asked and was given per- Burma was deeply involved in her com- married in 2002 and were blessed with mission to address the House for 1 munity and her church, Central Church three children: Stryder, Grace, and minute and to revise and extend his re- in Bryan-College Station. Garrett. marks.) Burma and Oren also loved sup- Shortly after Sergeant Major Sartor Mr. BARR. Mr. Speaker, I rise today porting the Texas A&M Aggies and and Deanna started dating, he joined to explain my opposition and vote were season ticket holders for football the United States Army. He was de- against the bill that was on the floor and basketball games for more than 35 ployed to Iraq for the first time in 2002 earlier today, H.R. 1423, the Forced Ar- years. as an infantryman assigned to the 3rd bitration Injustice Repeal Act. I would Through their church, Burma and Infantry Division. In 2005, Sergeant like to highlight its negative impact on Oren took part in the Adoptive Grand- Major Sartor became a Green Beret financial services. parent Program, in which they be- and was assigned to A Company, 2nd Financial services providers and friended students at Texas A&M. They Battalion, 10th Special Forces Group, their customers use arbitration to set- formed such a strong bond with one Airborne, in Fort Carson, Colorado. He tle disputes because it is easier, faster, young Aggie that she asked Burma and was stationed there with his family for and less costly for consumers than liti- Oren to be a bridesmaid and the last 14 years. gation. Forcing parties into litigation groomsman in her wedding. During his career, Sergeant Major would dramatically extend the time be- Burma is well-known among her Sartor was deployed several times, re- fore a customer is made whole and loved ones for two things: her love for turning to Iraq in 2006, 2007, 2009, and would significantly increase legal fees Coca-Cola and her world-famous peanut from 2010 to 2011. He also deployed to for all parties. brittle. She has collected many pieces Germany and Israel in 2008, to Africa in

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.034 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE September 20, 2019 CONGRESSIONAL RECORD — HOUSE H7859 2012 and 2013, and to Afghanistan in Matthew moved to central Texas with Gurule family. We also lift up the fam- 2017 and 2019. Sergeant Major Sartor’s his mom and his sister. He graduated ily and friends of Matthew Gurule in service made him a highly decorated from China Spring High School in 2004 our prayers. soldier. and joined the United States Marine I have requested that a United States Sergeant Major Sartor received more Corps on November 7, 2005. flag be flown over the Nation’s Capitol than 20 awards and decorations for his Matthew served many tours of duty to honor his life and legacy. bravery during his service to our coun- during his time in the Marine Corps. As I close today, I urge all Americans try. His awards include the following: He deployed to Iraq in 2006, 2007, and to continue praying for our country, the Bronze Star Medal with three oak 2008 and to Afghanistan in 2009. He was for our veterans, and for our first re- leaf clusters, the Defense Meritorious highly decorated and received many sponders who keep us safe and secure. Service Medal, the Joint Service Com- awards, including: the Combat Action HONORING DR. JOHN JOSEPH KOLDUS III mendation Medal, the Army Com- Ribbon, the Marine Corps Good Con- Mr. FLORES. Mr. Speaker, I rise mendation Medal with three oak leaf duct Medal, the Sea Service Deploy- today to honor Dr. John Joseph Koldus clusters, the Army Achievement ment Ribbon with two stars, the Af- III of College Station, Texas, who Medal, the Presidential Unit Citation ghanistan Campaign Medal with one passed away on August 12, 2019. Award, the Joint Meritorious Unit star, the Global War on Terrorism Ex- Before continuing with my recogni- Award, the Valorous Unit Award with peditionary Medal, the Iraq Campaign tion of Dr. Koldus, I would like to pro- two oak leaf clusters, the Meritorious with one star, the Global War on Ter- vide background on Texas A&M Uni- Unit Citation with one oak leaf cluster, rorism Service Medal, the NATO Medal versity in College Station and its core and the National Defense Service International Security Assistance values. Medal. Force Afghanistan, a Certificate of Ap- In the front of the academic building He also earned the Special Forces preciation, a Letter of Appreciation, on the campus of the university, there Tab, the Ranger Tab with the title of and Rifle Marksman Badge. is a statue of Lawrence Sullivan Ross, Honor Grad, the Combat Infantryman After his time in the Marine Corps, the sixth president of the university. Badge, the Senior Parachutist Badge, Matthew wanted to work alongside his That statue contains the following in- the Special Operations Diver Badge, father at Albuquerque Downs. He at- scription: ‘‘Lawrence Sullivan Ross, and the Dive Supervisor Badge. tended the Lookout Mountain School 1838–1898, Soldier, Statesman, and Posthumously, Sergeant Major of Horseshoeing in 2012 and obtained Knightly Gentleman; Brigadier General Sartor has also received a Purple Heart his certification as a horse farrier. C.S.A., Governor of Texas, President of and a Bronze Star. Looking to expand his skills, Matthew the A&M College.’’ Sergeant Major Sartor was described changed career fields and most re- The key words in this inscription are as a ‘‘beloved warrior who epitomized cently was a mason at Cameron’s Cus- ‘‘soldier, statesman, and knightly gen- the quiet professional. He led his sol- tom Homes. tleman.’’ They reflect some of the key Matthew had a number of interests diers from the front, and his presence ways that Texas Aggies live the Texas and hobbies, which included singing, will be terribly missed.’’ A&M core values of excellence, integ- dancing, and cooking. He was noted for Mr. Speaker, Sergeant Major Sartor rity, leadership, loyalty, respect, and making a good batch of salsa, steak, was a fearless leader and a decorated selfless service. baked potatoes, and green chile spa- soldier. His selfless devotion to protect Moving on to my recognition of Dr. ghetti. Matthew also enjoyed reading, our country will be forever remem- Koldus, John was born February 10, especially about historical subjects bered. Furthermore, he will be forever 1930, in Gary, Indiana, to John Joseph such as the Knights Templar and the remembered as a devoted husband, a fa- Koldus II and Helen Kukoy Koldus. He Mongol Empire. ther, a son, a soldier, a selfless servant, Matthew was taken from this Earth was an outstanding athlete and let- and a loyal friend to many. too soon. He was last seen on July 27, tered in football, basketball, baseball, All Americans thank him and his 2019, leaving the Isleta Casino in Albu- and track. He was named the Most family for their service and their sac- querque. His car was later discovered Athletic Boy in the Gary School Dis- rifice for our country. His sacrifice burned and abandoned in the desert. trict. truly reflects the words of Jesus in After not hearing from Matthew for After graduation, he worked at U.S. John 15:13: ‘‘Greater love hath no man several days, his mother, Sandra Mil- Steel on Lake Michigan, just as his fa- than this, that a man lay down his life ler, traveled to New Mexico to look for ther had done. John then realized that for his friends.’’ her son. She discovered that his credit higher education was a way to improve The loss of Sergeant Major Sartor cards were fraudulently being used, and himself, and he attended Arkansas serves as a reminder of the sacrifices she was able to obtain video surveil- State University. At Arkansas State, the men and women of our Armed lance of the criminals who were using he was a middleweight Golden Gloves Forces make each day to preserve the them. Her work led to the eventual ar- champion and lettered 2 years in base- freedom for this great Nation. We are rest of the two people charged with ball and 3 years in football, capturing forever in debt to these committed in- Matthew’s murder. His body was later many individual records for the school. dividuals who serve our country. found in the New Mexico desert on Au- In 1953, John graduated from ASU My wife, Gina, and I offer our deepest gust 16, 2019. and was commissioned as a second lieu- and heartfelt condolences to the Sartor Through their senseless act of vio- tenant in the United States Army. family. We also lift up the family and lence, these criminals have caused an John served in the Army until 1955. friends of Ryan Sartor in our prayers. enormous amount of pain for all those Following his military service, he I have requested that a United States who knew and loved Matthew. In this began teaching at Blytheville High flag be flown over our Nation’s Capitol time of tragedy, I am deeply moved by School in Blytheville, Arkansas. John to honor his life and legacy. Sandra’s love for her son. As a father taught from 1955 to 1959, and during the As I close today, I urge all Americans and grandfather, I can only imagine summers he attended the University of to continue praying for our country, the grief felt by Sandra. I am in awe of Arkansas in Fayetteville to complete for our veterans, for our military men her extraordinary efforts to find her his master’s degree and to begin his and women who protect us, and for our son and bring his killers to justice. I doctorate studies. first responders who keep us safe here commend her for her work and the ex- During his time as a teacher, John at home. ample she gave of the eternal love a met Mary Dell Hooker. Their first date HONORING MATTHEW RANDELL GURULE parent has for their children. was a tennis match, and their competi- Mr. FLORES. Mr. Speaker, I rise Mr. Speaker, Matthew Gurule’s life tive athletic spirits fostered a strong today to honor Matthew Randell was defined by his service to our coun- relationship. They married on May 31, Gurule of Belen, New Mexico, who try. He will be forever remembered as a 1958. passed away on August 17, 2019. loyal son, a brother, a veteran, a self- In 1973, John began his 20-year career Matthew was born on January 12, less servant, and a friend to many. at Texas A&M University in College 1987, in Albuquerque, New Mexico, to My wife, Gina, and I offer our deepest Station, Texas, as vice president of stu- Matthew and Sandra Gurule. In 1996, and heartfelt condolences to the dent services. John was instrumental

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.036 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7860 CONGRESSIONAL RECORD — HOUSE September 20, 2019 in guiding the university through an sons who arrived at A&M pretty rough spread fabrication and plagiarism, and era of incredible growth and change, as around the edges. Early on, as an Aggie found problems in at least 36 of the 73 tens of thousands of women began at- student, Dr. Koldus identified me as a articles written by a single individual tending the university, and by creating person who might have some promise, since he had started. a unique culture which provided Aggie and he invested his time and leadership Further, the Times admits—that is students with extensive leadership op- skills into my education. His men- the New York Times—that Judith Mil- portunities. In his role as vice presi- toring and friendship had an indelible ler took journalistic shortcuts, and dent of student services, John had a impact on me as he tried to mold me to that New York Times’ editors, ‘‘failed deep and impactful relationship with be a soldier, statesman, knightly gen- to dig into problems before they be- the students of Texas A&M. tleman, and he helped me live and came a mess.’’ He had oversight of a number of orga- adopt those significant Aggie core val- They did become a tremendous mess. nizations, including the Corps of Ca- ues. Remember, that was the allegation dets, Recreational Sports, the Memo- The bottom line is that John Koldus that Saddam Hussein possessed weap- rial Student Center, Student Activi- had a huge impact on tens of thousands ons of mass destruction. Well, we got ties, Student Affairs, Student Health of Texas Aggies, and upon me. He was into a war over that one, didn’t we, Services, and Student Legal Services. a great friend, and I miss him dearly. over the New York Times—at least in During his time at Texas A&M, the Mr. Speaker, John Koldus’ life was part. number of student organizations dou- defined by his service to his family, to Most of us will remember in 2006, bled to more than 700. John also taught our country, and to Texas A&M Univer- when the New York Times covered an classes and served on many academic sity. He will be forever remembered as alleged rape by Duke—or multiple committees for graduate students. a husband, a father, a grandfather, a rapes, I should say, by the Duke Uni- b 1215 great-grandfather, a veteran, a mentor, versity Lacrosse team. The Times cov- erage was biased towards the accuser, In his 20 years at Texas A&M, John a selfless servant, and a friend to thou- was a recipient of 15 significant sands, if not tens of thousands. despite the fact that it ended up being awards, including the Association of My wife, Gina, and I offer deepest and a hoax and there was little evidence College and University Student Per- heartfelt condolences to the Koldus supporting the accuser’s case. And those young men on the Duke sonnel Administrators’ Distinguished family. We also lift up the family and Service Award, The Association of friends of John Koldus in our prayers. I Lacrosse team were run through the Former Students’ Distinguished have requested the United States flag wringer. They were excoriated; they Achievement Award for Student Rela- be flown over our Nation’s Capitol to were pounded on by the national tions, the Buck Weirus Spirit Award, honor his life and legacy. media, not only the New York Times, and the National Association of Stu- As I close today, I urge all Americans but that is one of the things that trig- dent Personnel Administrators Region to continue to pray for our country gers it. III Outstanding Service to NASPA during these difficult times, for our Then, again, there is a New York Award in 1984. military who protects us abroad, and Times article that questioned John In 1985, this latter award was named for our first responders who keep us McCain’s relationship with a lobbyist. in his honor as a reflection of his im- safe at home. And that faced widespread criticism to pact on student services all across this Mr. Speaker, I yield back the balance the article implying that McCain had a Nation. John’s impact on the univer- of my time. romantic relationship with a lobbyist. sity was so meaningful, that when he f They had to issue a correction, that retired in 1993, he was the recipient of they did not intend for the article to RETRACTIONS OF NEW YORK imply a romantic relationship. Well, the President’s Medallion of Achieve- TIMES’ ARTICLES ment, and he was named Vice Presi- they did imply that. They just said dent Emeritus of Texas A&M Univer- The SPEAKER pro tempore. Under they didn’t ‘‘intend’’ that. sity. the Speaker’s announced policy of Jan- And so somehow, the Times thinks The Student Services Building was uary 3, 2019, the Chair recognizes the they should have a pass for their own also renamed the John J. Koldus Build- gentleman from Iowa (Mr. KING) for 30 definition of intent, even though time ing, and the Texas A&M Foundation minutes. after time after time, the Times has also created the John J. Koldus Qual- Mr. KING of Iowa. Mr. Speaker, I ap- been found to be less than credible. ity of Student Life Endowment. Al- preciate the privilege to be recognized The President of the United States though neither he nor Mary Dell were to address you here on the floor of the has poured forth his ire against the graduates of Texas A&M, in 2006 they United States House of Representa- New York Times, and called them the were bestowed by proclamation the tives. ‘‘lying New York Times,’’ ‘‘the fake title of ‘‘Texas Aggies.’’ And I come to this floor to talk a lit- news New York Times,’’ ‘‘the failing In the beginning of this recognition, tle bit today about what is happening New York Times,’’ and probably a I discussed the attributes—soldier, to our Nation, our society, our culture, number of descriptions that I haven’t statesman, knightly gentleman, and our Constitution. And these are topics uncovered here, Mr. Speaker. the core values of Texas A&M Univer- that have been debated in this Cham- But in 2009, the New York Times’ ap- sity: Excellence, integrity, leadership, ber for a long time, but some things praisal on Walter Cronkite had to have loyalty, respect and selfless service. have happened that never happened be- eight different corrections due to just The reason I discussed these attributes fore. factual inaccuracies. And this is a and these values is this: And so I would start first with: It newspaper, of course, that America Dr. Koldus was a soldier, a states- seems to me our leader seems to be a used to depend upon. man, a knightly gentleman, and he per- high respecter of the credibility of the And then in 2015, the New York sonified A&M’s core values of excel- New York Times. So I put together a Times published an article claiming lence, integrity, leadership, loyalty, re- document here that I thought might be that new figures surrounding China’s spect, and selfless service. More impor- interesting to him, and I would go rate of coal usage could affect U.N. cli- tantly, he helped share and model through just a few of them, the articles mate talks when, in fact, those figures those attributes and values to the that have come up in the New York were so outdated that the U.N. was al- Texas A&M student body through his Times, that have had to be retracted. ready aware of that particular uptick. mentoring capabilities. His skills in Let’s see: There are the articles So, again, distorted information. this regard were noteworthy as he about Russian meddling in the election But what is consistent with this? mentored thousands of Aggies who that had to be retracted. What are the common denominators? started their education at A&M as, They had to apologize for ruining And that is, their misinformation in what I would call, ‘‘diamonds in the Wen Ho Lee’s career and life. the New York Times almost always fits rough.’’ And the New York Times admits that their narrative. I want to continue discussing this one of the reporters engaged in fre- And then in 2017, the New York subject, because I was one of those per- quent acts of journalistic fraud, wide- Times incorrectly stated that China

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And we have to take China in Kavanaugh, who was put through a from our Constitution, we don’t have a with us, if they will let us in. China confirmation wringer that only had foundation for America and our gov- wasn’t part of the TPP—just misin- been matched, perhaps, by Justice ernment. formation. And that was an obvious Clarence Thomas. And then that puts it into the hands one that it would have failed even the What do they have in common? They of the willy-nilly attitudes of what most rudimentary of fact-checks. are both constitutionalists. They are might be a majority in the Supreme I would go further, in 2017 the Times, both originalists. They are both Court or the will of the people here on because of a—their words—‘‘because of textualists. And they are both in the the floor of the House of Representa- an editing error,’’ quoted three tweets process of moving America back to the tives, who sometimes just turn our from General Michael Flynn’s parody Constitution, its original intent. And back on the Constitution. That con- account attributing the quotes to Gen- understanding the text of the Constitu- tract of our Constitution has to mean eral Flynn, further damaging General tion has to mean what it was under- what it was understood to mean at the Flynn’s reputation, and probably con- stood to mean at the time of ratifica- time that it was ratified. tributing to the difficulties that the tion. And so why was the big fight then proud patriot has had as he wound up Mr. Speaker, I would ask you just to pushing back against Brett Kavanaugh his career serving our country. An edit- think about that. If the Constitution is when he was before the United States ing error caused these three tweets. a living and breathing document, and Senate to be confirmed? They weren’t editing errors. They were this definition can change on the fly, And the reasons for that are the just picking up—because the parody ac- then what kind of a deal do we have at other side—the left, the radical left, count fit the Times narrative, they ac- all with our Founding Fathers and with that is sometimes supported by the cepted the narrative without checking our posterity? militant left—doesn’t want to live on it. That is my assertion here, and I Can you imagine signing a contract— under our Constitution. They want to believe it is true. I have spent my life in the construc- change it. They want to move America. Again, in 2017, the New York Times tion business—and can you imagine They want to attack the pillars of claims that Trump visited Israel dur- signing a contract, and during the American exceptionalism. And they ing the campaign, which actually it course of that contract, the words in have much of the news media as their was planned, but it was canceled for that contract have to mean a defined, allies. political reasons, I presume. And to be precise, black-and-white meaning. And So as the news media pours forth relatively astute on allowing then- those words are on paper so that the these erroneous stories and they put President Barack Obama to be in deal doesn’t change. That is what a misinformation into the eyes and ears charge of foreign policy. contract is. of the American people, while they are In fact, I have a personal experience You put words on paper, you sign doing that, they are pitting the Amer- with that, when I thought during the that document, and that says, I am ican people against the American peo- campaign it would be wise for then- committed to the language in this Con- ple. And you saw that during the con- candidate Trump to have a meeting or stitution—or the contract—and the in- firmation process of Justice two with some key players around the tent of this language in the contract, Kavanaugh. world. But when I raised that issue, I or the Constitution, and I will follow And he faced—this is just my mem- got the straight answer back, which through on that, and I will complete ory, but I believe there were something was, No, we don’t want to have any my side of this agreement. That is a like six different accusers that they ac- kind of implication that we are con- contract. cumulated over time. And these accus- ducting foreign policy as a candidate The Constitution is a written con- ers, one of them was Christine Blasey for the President of the United States. tract that lays down the foundation of Ford, who sat over there with her hair That is up to the current Commander- our government, and it is the supreme inside of her glasses and told us how in-Chief, and that transition after the law of the land. And it went on paper, bad this was. election can take place in due course. on parchment. It went on parchment But her testimony could not be cor- They were exactly correct in that and was signed and ratified by the roborated, and that was actually the and conducted themselves accordingly, Thirteen Colonies so that they said, We verdict that came down when Justice but the allegations that were in the are going to keep our part of this bar- Kavanaugh was confirmed before the paper would indicate the opposite of gain. This is the deal. United States Senate. Neither could that. You would have never ratified that the testimony or the affidavits or the I have a number of other stories in Constitution back in the day if some- narratives of the others be corrobo- here. In fact, I have only gone to the body would have said, well, it is a liv- rated. top of page 2, and there is about seven ing, breathing document. We can rede- And so of those five or six accusers pages, maybe eight pages in here, Mr. fine these words in here and ignore oth- then, none of them held up under the Speaker. But I think it is clear that if ers and be able to just work our way scrutiny, under the light of day, even anybody is going to hang their hat on around it, and we will get some activist though the New York Times and The something that they see printed in the justices that will work with us on this Washington Post, and all these publica- New York Times, they are going to find and give us precedent cases that under- tions I have listed, and many more, themselves—if that narrative happens mine the original intent of the Con- came at it as if Christine Blasey Ford to fit the narrative that the New York stitution. was the gold standard for a witness Times pushes and promotes—you ought That is what has been going on in with integrity. And it is clear she was to be very suspicious of the facts and this modern era, probably longer than I not. the allegations around that. recall, but I would say at least back to I would go through a few cases that the Warren Court. And yet today, we b 1230 come to mind. Also, in America where have Justice Clarence Thomas, who is Well, they beat up so badly on Jus- misinformation came out, it happened an originalist, a textualist, and he be- tice Kavanaugh that, at one point, one to fit the narrative of the left, and so lieves the Constitution has to mean of the Democrat Senators asked him the New York Times, The Washington what it was understood to mean at the the question: You have gone through a Post, MSNBC, CNN, on and on—Huff- time of ratification. lot. You have been faced with all this ington Post—they pick up that nar- And if we don’t like that, that is why criticism. rative, embellish the narrative, and we have the amendment process, Mr. Essentially, I will paraphrase and they look for another way to add to Speaker. And that is the nominee Jus- summarize how I understood that, and

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.040 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7862 CONGRESSIONAL RECORD — HOUSE September 20, 2019 it is not a quote from the Senator, but about 1964 called The New York They were down by the Lincoln Me- it was essentially this: We have beaten Times—excuse me. It is Sullivan v. The morial, and there was a story that you up so badly and mercilessly. We New York Times Company. there was a Native American who was damaged your reputation so badly. We That was a case where, in Alabama, beating a drum in the face of this destroyed your character. You have to during the civil rights disruptions of young man, and the young man just be personally just crushed. So, how, if the sixties, there was a story that had stood there and maintained his pos- you are confirmed as a Justice on the multiple falsehoods in it that was de- ture, his composure, his expression. Supreme Court, can you sit in impar- signed to be pejorative against the law And that just seemed to be what all tial judgment on ruling on the Con- enforcement and the people in Ala- the media would pile on, that they had stitution and the rule of law? Aren’t bama near the Selma area. been disrespecting a Native American you going to be tempted to retaliate And I am not actually sure that was who was beating a drum in his face, because of what all you have been Selma, but it was in Alabama. and that clip of the close-up seemed to through? In any case, the story that came out be enough just to reinforce a lot of Those are not the exact words, but in The New York Times was inaccurate critics that the young man from Cov- that was the theme. on step after step. They argued that ington Catholic somehow carried an at- Now, think of this. If somebody is they locked the cafeteria shut so that titude that should be punished. put forward before the public in a nom- they could starve the students out. Or So they excoriated him through ination process or some other type of they reported that. They reported that every media that I can think of, and scrutiny and they are so mercilessly students were refusing to register and, that young man and the school went pounded by the leftist media—and, in essentially, leaving college. Neither through days and days and days of a lot some cases, collaboration from Repub- one of those things were true. of public criticism, grief that was lican leadership—that their reputation They argued that they circled the poured forth upon them. is so badly damaged, the question building with law enforcement officers And I can say with experience that, if comes up: Well, can Justice Kavanaugh essentially arm in arm. That wasn’t you don’t have experience with public do his job now that we have eviscerated true. There were about four other false- grief being poured on you, it hurts a lot him through this confirmation process? hoods. They had to be manufactured more the 1st time than it does the 2nd, Oh, I think he can do his job all because what would they be based on, 5th, 10th, 20th, 50th, or 100th time. right, and I think he can do it clearly things like that. You do build scar tissue to this, but and with a cool hand and a cool head Yet, when they went before the Su- you can’t imagine that a young man and an analytical mind. And I think preme Court in the middle of the 1960s, from Covington Catholic has scar tis- Justice Kavanaugh is doing and will Sullivan v. The New York Times Com- sue built up at all. Who could imagine continue to do this: bring America pany, the Supreme Court came down that this would be the case? back to the Constitution, bring Amer- with a decision, which is, well, The So, they took that heat and that ica back to the original intent, bring Times is protected because they are a beating—the whole school, but he in America back to the text of the lan- print publication, and we have to allow particular—for over a week until there guage that is in the Constitution. them their First Amendment right— was a video that emerged that panned And, if Americans don’t like the re- freedom of the press—even if it is false, back and showed what really went on. sults of those decisions, we have a even if it is blatantly false, even if it is There was no antagonism from the method to amend the Constitution obviously false. It just has to be will- Covington Catholics. rather than simply distort it by judi- fully and maliciously false in order for There were bad words being hurled cial activism. And that is about the them to be liable. back and forth, but I don’t think any- best way to get revenge on people who That case needs to come back before body picked up any bad words coming put our Constitution under threat by the United States Supreme Court and from those young people from Cov- the tactics that they are using in the be reconsidered. And I am told that ington Catholic. Yet they got the confirmation process. Well, that process that they were there are one or more Justices on that blame for all of this when they were trying to deny the confirmation of Jus- bench who would welcome such a case standing there innocently and probably tice Kavanaugh failed, and he is con- to make it to the Supreme Court, and stunned at the environment they were firmed, and he is serving with dignity I think I have named those two most in. and honor. And he should be allowed to likely to welcome that case here al- I can’t imagine they came out of do that for life if he chooses. ready. their home State and went into the But they mounted another effort at So I am frustrated by this. I am glad middle of that, I would say, semi-dem- him a week or so ago, and it turned out that this case, this second round, onstration environment when they to be another false story. The New Kavanaugh 2.0 in malicious media med- were being intimidated by groups York Times, in particular, didn’t both- dling, is pretty much now in the rear- shouting back and forth at them and a er to write into the story that the view mirror now that the truth has drum being beaten in their face. woman who allegedly had experienced been applied to the story a little bit You would be amazed. I recall my some type of harassment, and maybe better. first experience with these things in even physical harassment—and I say But this country is not off of this this town. It was March 18 of 2003 when ‘‘allegedly’’; allegedly, in case The New hook by any means. We have a long, there was an antiwar demonstration York Times missed it the first time I long ways to go before we can get down that took place. I thought: I need to said it—that she didn’t have any recol- to what is true. And I think Congress is see this. lection of the incident whatsoever. going to have to act at some point. I So I went over there near the Wash- They knew that, and it is reported that don’t think it is going to happen in ington Monument where they were gin- the reporters who wrote the story had this Congress. There has to be a major- ning up, the antiwar demonstrators. that line in their story and that it was ity change in this Congress. But we are They had two great, big speakers up on taken out by the editors. going to have to act. a stage that were about the size of re- So, think of that. The editors at The And the stories that have been served frigerators, microphones, and they New York Times are redacting lan- up to the American people—I brought were ginning up the crowd. guage, but disappearing language, so up the Kavanaugh story as the first As I walked around through that that the meaning of the story is dif- one. Then you can move along a little crowd—I went incognito, by the way, ferent and it can be as pejorative as bit, and I will take you to—let’s see. too, Mr. Speaker. I put on my old, vin- possible against a seated Justice on the Let’s do Covington Catholic. tage Washington Redskins sweatshirt United States Supreme Court. That is The Covington Catholics were here and a cap so I could just, hopefully, appalling. during the March for Life. That would blend into the crowd. And is it willful? Well, that question be around January 22. A lot of young I saw every variety of anti-Ameri- hangs out there: Is it willful? men, and, also, at least one of them canism that I had ever seen. A lot of it I will say this. There is a Supreme was wearing a MAGA hat, a ‘‘Make was profane. They ginned them up, and Court precedent case out there from America Great’’ cap, a red one. then they marched off over to the west,

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I be- lets to turn their targets, unjustly and anger and anti-Americanism. lieve they are doing a full investiga- dishonestly, against a duly-elected I saw a young lady, maybe 16 or 17 tion of what looks like, let’s say, a less President of the United States, or a years old, run over and spit in the face than enthusiastic local prosecutor duly-elected Member of the United of an officer who was standing there. there in Chicago. States Congress, that—meaning me, in I saw two marines standing on the But that is another story that fit the case you are wondering, Mr. Speaker— side of the street. They were holding narrative. Surely, there are people out threatens our republic. And this repub- their American flag up, and a young there who are racist who would go out lic will eventually collapse if we con- man from the demonstrating crowd ran and get rope and bleach and whatever tinue down this path. over there, grabbed a hold of that flag. and wait in the middle of a 20-below- We must preserve those rights that They held their flag, but he ripped the zero night to waylay Jussie Smollett are in our Constitution, including inno- top half of the flag off, and he danced at a place like that. cent until proven guilty; the right to around the street tearing it up in strips It happened to be about the only lo- face your accusers; a jury of your and wearing it around his neck and cation where there were not surveil- peers; due process. That has to all be others’ necks as if it were some kind of lance cameras. Carefully thought out? there. a trophy to tear up the American flag Only partly. The President hasn’t had due process. and then demonstrate. But that fit the narrative. That was I haven’t had due process. But I have I saw a photographer there who had a published. It was The New York Times, added up a few things. There are cur- camera and who was going to clean the too, but it was many others, Mr. rently four Members of this Congress, lens on his camera. He reached in his Speaker. Mr. Speaker, that don’t have com- jacket pocket and pulled out a crum- Who am I forgetting now? There are mittee assignments; four. pled American flag, a small, silk flag, a number of others. I happen to be one. One of them resigned from the Re- and used it to clean that lens. You So, I am waiting for a report to come publican Party and from his committee could tell by the habits of the way he down that would lay out what is going assignments; so that takes it down to handled it that that is just what he did; on in this Congress. three. he kept the American flag for a rag to But I revere this Constitution. I Two of them are indicted for Federal clean the lens on his camera while he carry one in my jacket pocket every charges. That takes it down to one. took pictures of anti-Americanism, ha- day. When I say the Pledge, my hand is Then, the one in this Congress—being tred of America, and every kind of inside my jacket because my hand is on me, Mr. Speaker—and we look back countercultural thing that you can that Constitution, which is as close to through history all the way back to think of. my heart as I can get it. I believe in it, 1900, and we find one other Member of That is what we are faced with, the and I believe our job is to restore this Congress that didn’t have committee kind of people in that demonstration, Constitution back to its original mean- assignments since 1900. That happened the kind of people who were down here ing and intent. to be James Traficant in about 2001. He at the Lincoln Memorial who were try- The pillars of American happened to be one that was removed ing to intimidate the Covington Catho- exceptionalism are identified, most all from his committee assignments short- lics. of them, in the Bill of Rights itself. ly after he voted for Dennis Hastert, a So, you know how that one ended, The central pillar of American Member of the opposite party, and Mr. Speaker. I will say another one. exceptionalism is the rule of law. There went against many of the platform po- Now, remember, this one also fit the are a number of things around that sitions of the Democratic party. They narrative. Justice Kavanaugh, the sto- rule of law that we need to remember: decided he wasn’t a Democrat any ries against him, they picked the ones innocent until proven guilty, a right to longer and removed him from his com- that fit the narrative and drove them. face your accusers, you get to face a mittees. Their narrative on Covington Catho- jury of your peers. All of that is there. But in 120 years, there has only been lics was these must be conservative We have other pillars of American one, other than those that I mentioned; pro-lifers—and they are—so we have exceptionalism. Freedom of speech is a that is James Traficant. And he was, got to find a way to actually expose pillar. Freedom of religion. Freedom of later on, indicted and convicted on something that is in their heart, which the press. Freedom of assembly—peace- nine or ten Federal charges of fraud, is, by the way, faith and love. They able assembly, I might add. All of those corruption, taking bribes and racket- didn’t expose that. That was the Cov- are pillars that this shining city that eering, and those kinds of things. He ington Catholics. Ronald Reagan described to be on the was found guilty of all of them and Jussie Smollett alleged that he was hill, I say, is supported and held up and served some time in prison. the subject of, at least, a lynch threat built upon those pillars of American So these are very serious charges and that they had, what, poured bleach exceptionalism. when you are convicted of Federal felo- on him and whatnot. That went on for And I mentioned the rule of law, the nies and removed from your commit- awhile. That story was all ginned up central pillar, without which the rest tees. I don’t think it is right to remove because these were supposedly racists of this collapses. Without freedom of someone from a committee when they who were going to lynch Jussie the press, the rest of this collapses be- are charged because if they are in- Smollett in Chicago. cause corruption has, then, a free rein. dicted, they are innocent until proven But I saw the video of the two men But when the media gets corrupt and guilty. So why would you punish some- who went into the convenience store to the government gets corrupt, as we saw body if they are innocent until proven buy those items that he had put on top in the fall of 2016 and on into the begin- guilty? of him, that little bit of a kind of a nings of the Trump administration, That defies a foundational principle scrawny rope that didn’t look to me when the major branches, major divi- of our government. that it was a rope you would use for sions, departments within our govern- But, nonetheless, the charges, at that. But that and the other items that ment are weaponized against a can- least, are serious Federal felony were there, all of it was on video, pur- didate for the Presidency, a President- charges for two seated Members today. chased at the convenience store. elect Donald Trump and then an inau- Charges were certainly serious for It was reported, at least—now I don’t gurated President Donald Trump, when James Traficant, who spent time in know if it is true—that they were paid those branches of government are prison. something like $3,500 to do their part weaponized against him, that is Why does STEVE KING not have com- in this. weaponization against we, the people, mittees? Because of a misquote in the

VerDate Sep 11 2014 00:51 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0636 Sfmt 0634 E:\CR\FM\K20SE7.043 H20SEPT1 SSpencer on DSKBBXCHB2PROD with HOUSE H7864 CONGRESSIONAL RECORD — HOUSE September 20, 2019 New York Times for the simple purpose p.m.), under its previous order, the 2222. A letter from the Assistant Secretary, of an allegation of politically incorrect House adjourned until Tuesday, Sep- Bureau of Legislative Affairs, Department of speech. tember 24, 2019, at noon for morning- State, transmitting the Department’s FY Mr. Speaker, I yield back the balance hour debate. 2018 No FEAR Act report, pursuant to 5 U.S.C. 2301 note; Public Law 107-174, 203(a) of my time. f (as amended by Public Law 109-435, Sec. f 604(f)); (120 Stat. 3242); to the Committee on OATH FOR ACCESS TO CLASSIFIED RESIGNATION FROM THE HOUSE Oversight and Reform. INFORMATION 2223. A letter from the Chief Justice, Su- OF REPRESENTATIVES Under clause 13 of rule XXIII, the fol- preme Court of the United States, transmit- The SPEAKER pro tempore laid be- lowing Members executed the oath for ting amendments to the Federal Rules of Bankruptcy Procedure that have been adopt- fore the House the following resigna- access to classified information: tion from the House of Representa- ed by the Supreme Court of the United Dan Bishop. tives: States, pursuant to 28 U.S.C. 2075; Public Gregory F. Murphy. Law 88-623, Sec. 1 (as amended by Public Law CONGRESS OF THE UNITED STATES, f 103-394, Sec. 104(f)); (108 Stat. 4110) (H. Doc. HOUSE OF REPRESENTATIVES, No. 116—65); to the Committee on the Judici- Washington, DC, September 19, 2019. EXECUTIVE COMMUNICATIONS, ary and ordered to be printed. Speaker NANCY PELOSI, ETC. 2224. A letter from the Chief Justice, Su- The Capitol, preme Court of the United States, transmit- Washington, DC. Under clause 2 of rule XIV, executive ting amendments to the Federal Rules of DEAR MADAME SPEAKER: I write to inform communications were taken from the Criminal Procedure, the Rules Governing you that I will resign from the office of U.S. Speaker’s table and referred as follows: Section 2254 Cases in the United States Dis- Representative, effective 6:00 PM EST, Mon- 2213. A letter from the Assistant Secretary, trict Courts, and the Rules Governing Sec- day, September 23, 2019. For the past eight Manpower and Reserve Affairs, Department tion 2255 Proceedings for the United States years, it has been the honor of my life to rep- of the Army, Department of Defense, trans- District Courts, pursuant to 2072 U.S.C. 28 resent the place that I care about and the mitting notification to Congress of the an- (H. Doc. No. 116—66); to the Committee on people I love in Congress. ticipated use of Selected Reserve units that the Judiciary and ordered to be printed. Sincerely, will be ordered to active duty, pursuant to 10 2225. A letter from the Chief Justice, Su- SEAN P. DUFFY, U.S.C. 12304b(d); Public Law 112-81, Sec. preme Court of the United States, transmit- Representative to Congress. 516(a)(1); (125 Stat. 1396); to the Committee ting amendment to the Federal Rules of Evi- CONGRESS OF THE UNITED STATES, on Armed Services. dence that has been adopted, pursuant to HOUSE OF REPRESENTATIVES, 2214. A letter from the Chairman, Securi- 2072 U.S.C. 28 (H. Doc. No. 116—67); to the Washington, DC, September 19, 2019. ties and Exchange Commission, transmitting Committee on the Judiciary and ordered to Governor TONY EVERS, the 2018 Annual Report of the Securities In- be printed. Secretary of State DOUG LA FOLLETTE, vestor Protection Corporation, pursuant to 2226. A letter from the Chief Justice, Su- Wisconsin State Capitol, Office of the Governor, 15 U.S.C. 78ggg; to the Committee on Finan- preme Court of the United States, transmit- Madison, WI. cial Services. ting amendments to the Federal Rules of Ap- DEAR GOVERNOR EVERS AND SECRETARY OF 2215. A letter from the Director, Defense pellate Procedure, pursuant to 2072 U.S.C. 28 STATE LA FOLLETTE: I write to inform you Security Cooperation Agency, Department of (H. Doc. No. 116—68); to the Committee on that I will resign from the office of U.S. Rep- Defense, transmitting Transmittal No. 19-0I, the Judiciary and ordered to be printed. resentative, effective 6:00 PM EST, Monday, pursuant to the reporting requirements of September 23, 2019. For the past eight years, f Section 36(b)(5)(C) of the Arms Export Con- it has been the honor of my life to represent trol Act, as amended; to the Committee on PUBLIC BILLS AND RESOLUTIONS the place that I care about and the people I Foreign Affairs. love in Congress. Under clause 2 of rule XII, public 2216. A letter from the Director, Defense Sincerely, bills and resolutions of the following Security Cooperation Agency, Department of SEAN P. DUFFY, Defense, transmitting Transmittal No. 19-44, titles were introduced and severally re- Representative to Congress. pursuant to the reporting requirements of ferred, as follows: f Section 36(b)(1) of the Arms Export Control By Mr. FITZPATRICK (for himself, Mr. LEAVE OF ABSENCE Act, as amended; to the Committee on For- GOTTHEIMER, Ms. STEFANIK, Mrs. eign Affairs. MURPHY of Florida, Mr. BRENDAN F. By unanimous consent, leave of ab- 2217. A letter from the Director, Defense BOYLE of Pennsylvania, and Mr. sence was granted to: Security Cooperation Agency, Department of KELLY of Pennsylvania): Ms. JACKSON LEE (at the request of Defense, transmitting Transmittal No. 19-41, H.R. 4429. A bill to ensure that a fair per- Mr. HOYER) for today on account of pursuant to the reporting requirements of centage of Federal cancer research funds are participation in commemorative cere- Section 36(b)(1) of the Arms Export Control dedicated to pediatric cancer research; to Act, as amended; to the Committee on For- the Committee on Energy and Commerce. monies at the 50th anniversary of eign Affairs. By Mrs. TRAHAN: women matriculating to my alma 2218. A letter from the Director, Defense H.R. 4430. A bill to direct the Secretary of mater, Yale University. Security Cooperation Agency, Department of Education to assign a unique numeric identi- Mr. DANNY K. DAVIS of Illinois (at the Defense, transmitting Transmittal No. 19-28, fier to institutions of higher education to fa- request of Mr. HOYER) for today. pursuant to the reporting requirements of cilitate data collection and reporting, and f Section 36(b)(1) of the Arms Export Control for other purposes; to the Committee on Act, as amended; to the Committee on For- Education and Labor. SENATE ENROLLED BILLS SIGNED eign Affairs. By Mr. AMASH: The Speaker announced her signa- 2219. A letter from the Director, Defense H.R. 4431. A bill to limit the authority of Security Cooperation Agency, Department of personnel of the Department of Homeland ture to enrolled bills of the Senate of Defense, transmitting Transmittal No. 19-42, Security to prohibit a citizen or permanent the following titles: pursuant to the reporting requirements of resident of the United States from boarding S. 163.—An act to prevent catastrophic Section 36(b)(1) of the Arms Export Control as a passenger on an aircraft or cruise ship failure or shutdown of remote diesel power Act, as amended; to the Committee on For- based on inclusion of the individual in a engines due to emission control devices, and eign Affairs. watchlist, and for other purposes; to the for other purposes. 2220. A letter from the Director, Defense Committee on Homeland Security. S. 1689.—An act to permit States to trans- Security Cooperation Agency, Department of By Mr. RICHMOND (for himself and fer certain funds from the clean water re- Defense, transmitting Transmittal No. 19-22, Mr. KATKO): volving fund of a State to the drinking water pursuant to the reporting requirements of H.R. 4432. A bill to require the Department revolving fund of the State in certain cir- Section 36(b)(1) of the Arms Export Control of Homeland Security to prepare a terrorism cumstances, and for other purposes. Act, as amended; to the Committee on For- threat assessment relating to unmanned air- eign Affairs. craft systems, and for other purposes; to the f 2221. A letter from the Director, Defense Committee on Homeland Security. ADJOURNMENT Security Cooperation Agency, Department of By Mr. MCKINLEY (for himself, Mr. Defense, transmitting Transmittal No. 19-21, MOONEY of West Virginia, and Mrs. Mr. KING of Iowa. Mr. Speaker, I pursuant to the reporting requirements of MILLER): move that the House do now adjourn. Section 36(b)(1) of the Arms Export Control H.R. 4433. A bill to amend title 40, United The motion was agreed to; accord- Act, as amended; to the Committee on For- States Code, to establish an Appalachian re- ingly (at 12 o’clock and 48 minutes eign Affairs. gional energy hub initiative, and for other

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purposes; to the Committee on Transpor- Mr. KING of Iowa, Mr. LAMALFA, Mrs. By Mr. RUIZ: tation and Infrastructure. LESKO, Mr. MCADAMS, Mr. MCCLIN- H.R. 4452. A bill to amend the Family and By Mr. MCKINLEY (for himself, Mr. TOCK, Mr. SCHWEIKERT, Ms. TITUS, Medical Leave Act of 1993 and title 5, United TRONE, Mr. MOONEY of West Virginia, Mrs. KIRKPATRICK, Mr. O’HALLERAN, States Code, to permit leave to care for an Mr. FLEISCHMANN, Mrs. MILLER, and and Mr. BUCK): adult child, grandchild, or grandparent who Mr. KELLY of Pennsylvania): H.R. 4444. A bill to require the Adminis- has a serious health condition, and for other H.R. 4434. A bill to amend title 40, United trator of the Western Area Power Adminis- purposes; to the Committee on Education States Code, to reauthorize the Appalachian tration to establish a pilot project to provide and Labor, and in addition to the Commit- Regional Commission, and for other pur- increased transparency for customers, and tees on Oversight and Reform, and House Ad- poses; to the Committee on Transportation for other purposes; to the Committee on Nat- ministration, for a period to be subsequently and Infrastructure. ural Resources. determined by the Speaker, in each case for By Mr. CARTWRIGHT (for himself, Mr. By Mr. GOSAR (for himself, Mr. MEAD- consideration of such provisions as fall with- GRIJALVA, Mrs. DINGELL, Mrs. OWS, and Mr. NORMAN): in the jurisdiction of the committee con- NAPOLITANO, Mr. RASKIN, Mr. H.R. 4445. A bill to amend the District of cerned. LOWENTHAL, and Ms. LEE of Cali- Columbia Home Rule Act to provide for a By Mr. RUIZ: fornia): uniform 60-day period for Congress to review H.R. 4453. A bill to amend title XVIII of the H.R. 4435. A bill to amend the Surface Min- laws of the District of Columbia before such Social Security Act to distribute additional ing Control and Reclamation Act of 1977 to laws may take effect, to permit Congress to information to Medicare beneficiaries to pre- protect taxpayers from liability associated use the authorities and procedures available vent health care fraud, and for other pur- with the reclamation of surface coal mining under such Act for the consideration and en- poses; to the Committee on Energy and Com- operations, and for other purposes; to the actment of resolutions of disapproval of laws merce, and in addition to the Committee on Committee on Natural Resources. of the District of Columbia to disapprove Ways and Means, for a period to be subse- By Mr. POCAN (for himself, Ms. NOR- specific provisions of such laws, to clarify quently determined by the Speaker, in each TON, and Ms. JAYAPAL): the expedited procedures available under case for consideration of such provisions as H.R. 4436. A bill to authorize a National such Act for the consideration of such reso- fall within the jurisdiction of the committee Poverty Research Center; to the Committee lutions of disapproval, and for other pur- concerned. on Oversight and Reform. poses; to the Committee on Oversight and By Mr. SCHIFF: By Mr. BIGGS: Reform, and in addition to the Committee on H.R. 4454. A bill to disclose the use of Fed- H.R. 4437. A bill to amend the Fair Labor Rules, for a period to be subsequently deter- eral funds with any privately held company Standards Act of 1938 to allow the pooling of mined by the Speaker, in each case for con- owned by the President, and for other pur- tips among all employees, and for other pur- sideration of such provisions as fall within poses; to the Committee on Oversight and poses; to the Committee on Education and the jurisdiction of the committee concerned. Reform. Labor. By Mr. LAWSON of Florida (for him- By Mr. SCHRADER (for himself and By Mr. BRENDAN F. BOYLE of Penn- self, Mr. RUTHERFORD, Mr. DIAZ- Mr. GIANFORTE): sylvania (for himself and Mr. BYRNE): BALART, Mr. SOTO, Mr. DUNN, Mr. H.R. 4455. A bill to amend title XVIII of the H.R. 4438. A bill to amend the Internal Rev- SPANO, Ms. CASTOR of Florida, Mr. Social Security Act to provide for a tem- enue Code of 1986 to repeal the excise tax on YOHO, and Mr. WALTZ): porary payment increase under the Medicare investment income of private colleges and H.R. 4446. A bill to designate the POW/MIA program for certain biosimilar biological universities; to the Committee on Ways and Memorial and Museum in Jacksonville, Flor- products to encourage the development and Means. ida, as the National POW/MIA Memorial and use of such products; to the Committee on By Mr. BUTTERFIELD (for himself, Museum, and for other purposes; to the Com- Energy and Commerce, and in addition to Mr. MCCAUL, Ms. SPEIER, Mr. KELLY mittee on Veterans’ Affairs, and in addition the Committee on Ways and Means, for a pe- of Pennsylvania, Mr. ENGEL, Mr. to the Committee on Natural Resources, for riod to be subsequently determined by the BILIRAKIS, Ms. KELLY of Illinois, Mr. a period to be subsequently determined by Speaker, in each case for consideration of HUDSON, Mr. RUSH, and Mr. MULLIN): the Speaker, in each case for consideration such provisions as fall within the jurisdic- H.R. 4439. A bill to amend the Federal of such provisions as fall within the jurisdic- tion of the committee concerned. Food, Drug, and Cosmetic Act to make per- tion of the committee concerned. By Mr. WALBERG (for himself, Mr. manent the authority of the Secretary of By Mr. O’HALLERAN (for himself, Mr. SABLAN, Mrs. RADEWAGEN, and Mr. Health and Human Services to issue priority MULLIN, Mr. LAMB, and Mr. NORMAN): DAVID P. ROE of Tennessee): review vouchers to encourage treatments for H.R. 4447. A bill to establish an energy H.R. 4456. A bill to direct the Secretary of rare pediatric diseases; to the Committee on storage and microgrid grant and technical Labor to train certain Department of Labor Energy and Commerce. assistance program; to the Committee on personnel how to effectively detect and as- By Mr. COHEN (for himself and Ms. Energy and Commerce, and in addition to sist law enforcement in preventing human NORTON): the Committee on Science, Space, and Tech- trafficking during the course of their pri- H.R. 4440. A bill to establish protocols for nology, for a period to be subsequently deter- mary roles and responsibilities, and for other the investigation of uses of deadly force by mined by the Speaker, in each case for con- purposes; to the Committee on Education Federal law enforcement officers, and for sideration of such provisions as fall within and Labor. other purposes; to the Committee on the Ju- the jurisdiction of the committee concerned. By Mr. WILSON of South Carolina (for diciary. By Mr. PANETTA: himself, Mr. SCHNEIDER, Mr. RICE of By Mr. COLLINS of New York: H.R. 4448. A bill to address loopholes in the South Carolina, Mr. KELLY of Penn- H.R. 4441. A bill to amend titles 49 and 10, Harmonized Tariff Schedule of the United sylvania, Mrs. WALORSKI, Mr. THOMP- United States Code, to provide for the au- States that allow companies to avoid the SON of Pennsylvania, Mr. TURNER, thority of the Commissioner of U.S. Customs duty rate applicable to dehydrated garlic; to Mr. POSEY, Mr. WEBSTER of Florida, and Border protection with respect to na- the Committee on Ways and Means. Mr. BISHOP of Utah, Mr. MURPHY of tional security determinations concerning By Mr. RUIZ (for himself and Mr. North Carolina, Mr. BISHOP of North wind turbines proposed to be constructed in O’HALLERAN): Carolina, Mr. TIMMONS, Mr. CON- the United States in bodies of water that H.R. 4449. A bill to amend the Communica- NOLLY, Mr. MCCAUL, Mr. DEUTCH, and border Canada, and for other purposes; to the tions Act of 1934 to add access to tele- Mr. GARAMENDI): Committee on Transportation and Infra- communications and information services in H. Res. 569. A resolution recognizing the structure, and in addition to the Committee Indian country and areas with high popu- 111th anniversary of the independence of Bul- on Armed Services, for a period to be subse- lations of Indian people to the universal garia; to the Committee on Foreign Affairs. quently determined by the Speaker, in each service principle relating to access to such By Mrs. WATSON COLEMAN (for her- case for consideration of such provisions as services in rural, insular, and high cost self, Ms. LEE of California, Ms. JUDY fall within the jurisdiction of the committee areas; to the Committee on Energy and Com- CHU of California, Ms. ROYBAL- concerned. merce. ALLARD, Ms. KELLY of Illinois, Mr. By Mr. DUFFY: By Mr. RUIZ: COLE, Mr. CASTRO of Texas, and Ms. H.R. 4442. A bill to amend title 18, United H.R. 4450. A bill to authorize the Export- BASS): States Code, to prohibit prenatal genetic Import Bank of the United States to use 3 H. Res. 570. A resolution commemorating testing and abortions on the basis of sexual percent of its profits for administrative ex- the 20th anniversary of the Centers for Dis- orientation, and for other purposes; to the penses; to the Committee on Financial Serv- ease Control and Prevention’s Racial and Committee on the Judiciary. ices. Ethnic Approaches to Community Health By Mr. FITZPATRICK: By Mr. RUIZ: (REACH) program; to the Committee on En- H.R. 4443. A bill to amend the Fair Labor H.R. 4451. A bill to amend title 38, United ergy and Commerce. Standards Act of 1938 to provide for a Fed- States Code, to clarify that caregivers for By Ms. CASTOR of Florida (for herself eral, cost-of-living based minimum wage, veterans with serious illnesses are eligible and Mr. DEUTCH): and for other purposes; to the Committee on for assistance and support services provided H. Res. 571. A resolution expressing support Education and Labor. by the Secretary of Veterans Affairs, and for for the designation of September 24, 2019, as By Mr. GOSAR (for himself, Mr. BIGGS, other purposes; to the Committee on Vet- ‘‘National Voter Registration Day’’; to the Mr. COX of California, Mr. HUFFMAN, erans’ Affairs. Committee on House Administration.

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By Mr. FULCHER: By Mr. MCKINLEY: Article 1, Section 8, Clause 3. (Commerce H. Res. 572. A resolution recognizing and H.R. 4433. Clause) The Commerce Clause give Congress supporting the goals and ideals of ‘‘National Congress has the power to enact this legis- the power to ‘‘regulate commerce . . . among Forensic Science Week’’; to the Committee lation pursuant to the following: several states’’. If the matter in question is on Science, Space, and Technology. Article 1 Section 8 not purely a local matter or if it has an im- By Mr. GROTHMAN (for himself, Ms. Section 8—Powers of Congress. To make pact on inter-state commerce, then it falls MCCOLLUM, Mr. LOWENTHAL, Mr. GAL- all Laws which shall be necessary and proper within the power of Congress. National Fed- LAGHER, Mr. POCAN, Ms. LEE of Cali- for carrying into Execution the foregoing eral of Independent Business v. Sebelius fornia, Mr. TAKANO, Ms. MOORE, Ms. Powers, and all other Powers vested by this (2012). LOFGREN, Mr. LAMALFA, Mr. COSTA, Constitution in the Government of the By Mr. GOSAR: Ms. JUDY CHU of California, Mr. KIND, United States, or in any Department or Offi- H.R. 4445. and Mr. CORREA): cer thereof. Congress has the power to enact this legis- H. Res. 573. A resolution recognizing the By Mr. MCKINLEY: lation pursuant to the following: celebration of the Hmong New Year in 2019; H.R. 4434. Article 1, Section 8, Clause 17 of the Con- to the Committee on Oversight and Reform. Congress has the power to enact this legis- stitution provides Congress with the exclu- By Ms. LEE of California (for herself, lation pursuant to the following: sive jurisdiction over the District of Colum- Mrs. DINGELL, Ms. BROWNLEY of Cali- Article 1 Section 8 bia. fornia, Ms. MOORE, Ms. BARRAGA´ N, Section 8—Powers of Congress. To make By Mr. LAWSON of Florida: Ms. MENG, Ms. HILL of California, Mr. all Laws which shall be necessary and proper H.R. 4446. TONKO, Mr. MCNERNEY, Mr. for carrying into Execution the foregoing Congress has the power to enact this legis- LOWENTHAL, Mr. KEATING, Mr. Powers, and all other Powers vested by this lation pursuant to the following: ESPAILLAT, Mr. MORELLE, Mr. GRI- Constitution in the Government of the ‘‘Article 1, Section 8: To make all Laws JALVA, Ms. TLAIB, Ms. NORTON, Ms. United States, or in any Department—or Of- which shall be necessary and proper for car- CASTOR of Florida, Ms. SCHAKOWSKY, ficer thereof. rying into Execution the foregoing Powers, and Mr. RASKIN): By Mr. CARTWRIGHT: and all other Powers vested by this Constitu- H. Res. 574. A resolution supporting the H.R. 4435. tion in the Government of the United States, teaching of climate change in schools; to the Congress has the power to enact this legis- or in any Department or Officer thereof’’ Committee on Education and Labor. lation pursuant to the following: By Mr. O’HALLERAN: Article I, Section 8, Clause 3 (relating to H.R. 4447. f the power of Congress to regulate Commerce Congress has the power to enact this legis- MEMORIALS with foreign Nations, and among the several lation pursuant to the following: States, and with the Indian Tribes.) Article II Section 8 Under clause 3 of rule XII, By Mr. POCAN: By Mr. PANETTA: 137. The SPEAKER presented a memorial H.R. 4436. H.R. 4448. of the Senate of the State of Louisiana, rel- Congress has the power to enact this legis- Congress has the power to enact this legis- ative to Senate Concurrent Resolution No. lation pursuant to the following: lation pursuant to the following: 52, requesting the Congress of the United Article I, Section 8 of the U.S. Constitu- Article I, Section 8, clause 18 States call a convention of the states to pro- tion By Mr. RUIZ: pose amendments to the Constitution of the By Mr. BIGGS: H.R. 4449. United States; which was referred to the H.R. 4437. Congress has the power to enact this legis- Committee on the Judiciary. Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: Article I, section 8, Clauses 1 and 18 of the f Article I, Section of the U.S. Constitution. United States Constitution, to provide for CONSTITUTIONAL AUTHORITY Mr. BRENDAN F. BOYLE of Pennsyl- the general welfare and make all laws nec- STATEMENT vania: essary and proper to carry out the powers of H.R. 4438. Congress. Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- By Mr. RUIZ: the Rules of the House of Representa- lation pursuant to the following: H.R. 4450. tives, the following statements are sub- Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- mitted regarding the specific powers tion under the General Welfare Clause. lation pursuant to the following: granted to Congress in the Constitu- By Mr. BUTTERFIELD: Article I, section 8, Clauses 1 and 18 of the tion to enact the accompanying bill or H.R. 4439. United States Constitution, to provide for Congress has the power to enact this legis- the general welfare and make all laws nec- joint resolution. lation pursuant to the following: essary and proper to carry out the powers of By Mr. FITZPATRICK: Under Article I, Section 8, Clause 3 of the Congress. H.R. 4429. Constitution, Congress has the power to col- By Mr. RUIZ: Congress has the power to enact this legis- lect taxes and expend funds to provide for H.R. 4451. lation pursuant to the following: the general welfare of the United States. Congress has the power to enact this legis- Article 1 Section 8 Congress may also make laws that are nec- lation pursuant to the following: By Mrs. TRAHAN: essary and proper for carrying into execution clause 18 of section 8 of article I of the H.R. 4430. their powers enumerated under Article I. Constitution Congress has the power to enact this legis- By Mr. COHEN: By Mr. RUIZ: lation pursuant to the following: H.R. 4440. H.R. 4452. This bill is enacted pursuant to the power Congress has the power to enact this legis- Congress has the power to enact this legis- granted to Congress under Article I, Section lation pursuant to the following: lation pursuant to the following: 8, Clause 3 of the United States Constitution. Article I, Section 8 Article I, section 8, Clauses 1 and 18 of the By Mr. AMASH: By Mr. COLLINS of New York: United States Constitution, to provide for H.R. 4431. H.R. 4441. the general welfare and make all laws nec- Congress has the power to enact this legis- Congress has the power to enact this legis- essary and proper to carry out the powers of lation pursuant to the following: lation pursuant to the following: Congress. The Due Process Clause (‘‘[N]or shall any Article 1, Section 8, Clause 1, of the U.S. By Mr. RUIZ: person . . . be deprived of life, liberty, or Constitution H.R. 4453. property, without due process of law. . . .’’) By Mr. DUFFY: Congress has the power to enact this legis- By Mr. RICHMOND: H.R. 4442. lation pursuant to the following: H.R. 4432. Congress has the power to enact this legis- clause 18 of section 8 of article I of the Congress has the power to enact this legis- lation pursuant to the following: Constitution lation pursuant to the following: This bill is enacted pursuant to the power By Mr. SCHIFF: This bill is introduced pursuant to the granted to Congress under Article I, Section H.R. 4454. powers granted to Congress under the Gen- 8, Clause 3 of the United States Constitu- Congress has the power to enact this legis- eral Welfare Clause (Art. 1 Sec. 8 Cl 1), the tion.’’ lation pursuant to the following: Commerce Clause (Art. 1 Sec. 8 Cl. 3), and By Mr. FITZPATRICK: Disclosing Official Spending at Presi- the Necessary and Proper Clause (Art. 1 Sec. H.R. 4443. dential Businesses Act is constitutionally 8 Cl. 18). Congress has the power to enact this legis- authorized under Article II, Section 1, Clause Further, this statement of constitutional lation pursuant to the following: 7, and as well as Article I, Section 8, Clause authority is made for the sole purpose of Article 1 Section 8 18, the Necessary and Proper Clause. compliance with clause 7 of Rule XII of the By Mr. GOSAR: By Mr. SCHRADER: Rules of the House of Representatives and H.R. 4444. H.R. 4455. shall have no bearing on judicial review of Congress has the power to enact this legis- Congress has the power to enact this legis- the accompanying bill. lation pursuant to the following: lation pursuant to the following:

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Article I, Section I; and Article I, Section H.R. 2234: Mr. SHIMKUS and Mr. BOST. H.R. 3555: Mr. KEATING. 8, Clause 18 of the United States Constitu- H.R. 2235: Mr. RASKIN. H.R. 3663: Mr. GARCI´A of Illinois. tion. H.R. 2249: Ms. KENDRA S. HORN of Okla- H.R. 3757: Mr. HILL of Arkansas and Mrs. By Mr. WALBERG: homa. HARTZLER. H.R. 4456. H.R. 2279: Mr. ZELDIN, Mr. POCAN, Mr. GON- H.R. 3772: Mr. MCGOVERN. Congress has the power to enact this legis- ZALEZ of Texas, Mr. KEATING, and Mr. H.R. 3822: Mr. DESAULNIER. lation pursuant to the following: LOEBSACK. H.R. 3918: Mr. VISCLOSKY. Article I, Section 8, Clause 3 of the U.S. H.R. 2282: Mr. WENSTRUP. H.R. 3964: Mr. ALLEN and Mr. RIGGLEMAN. Constitution H.R. 2328: Mr. CLEAVER, Mr. PETERSON, Mr. H.R. 3973: Mr. PAPPAS. f MCNERNEY, and Mr. KEATING. H.R. 3975: Mr. VAN DREW and Mr. POSEY. H.R. 2382: Mr. RUPPERSBERGER. H.R. 4022: Ms. KELLY of Illinois and Mr. ADDITIONAL SPONSORS H.R. 2415: Mr. CLAY and Mr. STANTON. KHANNA. Under clause 7 of rule XII, sponsors H.R. 2420: Mr. LOEBSACK, Mr. RUPPERS- H.R. 4064: Mr. POCAN. were added to public bills and resolu- BERGER, Mr. LARSEN of Washington, and Mr. H.R. 4067: Mr. SHERMAN. tions, as follows: NEAL. H.R. 4078: Ms. JACKSON LEE. H.R. 2426: Mr. GOMEZ. H.R. 4108: Mr. GARCI´A of Illinois. H.R. 3: Mr. LARSON of Connecticut. H.R. 2435: Mr. BILIRAKIS. H.R. 4132: Mr. RUSH. H.R. 24: Mr. TAYLOR. H.R. 2443: Mr. DUNCAN. H.R. 4164: Mr. ROUZER. H.R. 51: Ms. CRAIG. H.R. 2453: Mr. SCHRADER. H.R. 4272: Ms. MENG. H.R. 446: Ms. TITUS. H.R. 2491: Mrs. BEATTY and Mrs. NAPOLI- H.R. 4280: Ms. JAYAPAL. H.R. 641: Mr. LEVIN of California. TANO. H.R. 4283: Mr. BANKS. H.R. 832: Mr. KATKO and Mr. LONG. H.R. 2628: Mr. LEVIN of California. H.R. 4300: Mrs. CAROLYN B. MALONEY of H.R. 838: Mr. CUNNINGHAM and Mr. H.R. 2668: Mr. FITZPATRICK. New York, Mr. BACON, Mr. CASTEN of Illinois, GROTHMAN. H.R. 2788: Mr. KUSTOFF of Tennessee. and Mrs. BEATTY. H.R. 912: Ms. BASS, Mr. CARBAJAL, and Mr. H.R. 2802: Mr. RESCHENTHALER. H.R. 4335: Mr. SHERMAN. ESPAILLAT. H.R. 2815: Mr. VAN DREW and Ms. MCCOL- H.R. 4343: Mr. FITZPATRICK. H.R. 940: Miss RICE of New York. LUM. H.R. 4347: Ms. JACKSON LEE. H.R. 961: Mr. LEWIS. H.R. 2843: Mr. RICHMOND. H.R. 4370: Mr. MURPHY of North Carolina. H.R. 1011: Mr. COX of California. H.R. 2863: Mr. KIM. H.R. 4386: Mr. DEFAZIO. H.R. 1043: Mr. RASKIN and Mr. GAETZ. H.R. 2867: Mr. MICHAEL F. DOYLE of Penn- H.R. 4408: Mr. DEUTCH. H.R. 1075: Mr. DESAULNIER. sylvania, Mr. CARBAJAL, Mr. VARGAS, Mr. H.J. Res. 2: Mr. STANTON and Mrs. DAVIS of H.R. 1154: Mr. DELGADO, Mr. LARSEN of QUIGLEY, Mr. KHANNA, Ms. SPEIER, Ms. California. Washington, Mr. COOPER, Mr. ENGEL, and TITUS, Miss RICE of New York, Mr. H.J. Res. 72: Mr. BRINDISI. Miss RICE of New York. GARAMENDI, Ms. SA´ NCHEZ, Mr. DOGGETT, Mrs. H. Con. Res. 59: Ms. CLARKE of New York. H.R. 1166: Ms. BROWNLEY of California. H.R. 1191: Mr. KHANNA and Mr. LARSON of KIRKPATRICK, Mr. Connolly, Mr. SERRANO, H. Con. Res. 65: Mr. NEGUSE. Connecticut. Mr. BEYER, Ms. HILL of California, Mr. YAR- H. Res. 146: Mr. BISHOP of Georgia, Mr. H.R. 1393: Mr. NADLER, Mr. EVANS, Mrs. MUTH, Mr. EVANS, Mr. CLAY, Mr. DANNY K. HASTINGS, Mr. RICHMOND, Mr. GREEN of DINGELL, Mr. DEFAZIO, Mr. POCAN, Ms. ROY- DAVIS of Illinois, Mr. NADLER, Ms. CASTOR of Texas, Mr. DANNY K. DAVIS of Illinois, Ms. BAL-ALLARD, and Mr. PERLMUTTER. Florida, Mrs. CAROLYN B. MALONEY of New PLASKETT, Ms. JOHNSON of Texas, Ms. FUDGE, ´ H.R. 1394: Mr. NADLER, Mr. EVANS, Mrs. York, Mr. TRONE, and Mr. GARCIA of Illinois. Mrs. LAWRENCE, Mr. VEASEY, Mr. CLEAVER, DINGELL, Mr. DEFAZIO, and Mr. PERLMUTTER. H.R. 2903: Mr. MITCHELL and Mr. FLORES. Mr. LAWSON of Florida, Mrs. AXNE, Mr. H.R. 1406: Mr. DEFAZIO, Mr. SIRES, Mr. H.R. 3048: Mr. SIMPSON and Mr. HARDER of CORREA, and Mr. CALVERT. STEUBE, and Mr. CRIST. California. H. Res. 255: Ms. DELBENE, Mr. ROUZER, and H.R. 1434: Mr. WITTMAN. H.R. 3077: Mr. SCHNEIDER. Mr. ROUDA. ´ H.R. 1498: Mr. SHERMAN, Mr. CASTEN of Illi- H.R. 3098: Mr. GARCIA of Illinois. H. Res. 510: Mr. KINZINGER and Mr. nois, Mrs. NAPOLITANO, Mr. PAYNE, Mrs. H.R. 3107: Ms. PINGREE and Mr. GRIJALVA. QUIGLEY. DAVIS of California, and Ms. TLAIB. H.R. 3121: Mr. SUOZZI. H. Res. 551: Mr. CARTER of Texas and Mr. H.R. 1545: Mr. BOST. H.R. 3125: Ms. HOULAHAN and Mr. DAVID ABRAHAM. H.R. 1554: Mr. KEATING and Mr. CHABOT. SCOTT of Georgia. H. Res. 561: Ms. GABBARD. H.R. 1568: Mr. LEWIS. H.R. 3127: Mr. JOYCE of Pennsylvania. f H.R. 1603: Ms. SHALALA. H.R. 3155: Mr. SABLAN, Mr. CARBAJAL, Mr. H.R. 1705: Mr. DANNY K. DAVIS of Illinois ROGERS of Alabama, Mrs. RADEWAGEN, Mrs. and Mrs. CAROLYN B. MALONEY of New York. CAROLYN B. MALONEY of New York, Mr. COLE, DELETION OF SPONSORS FROM H.R. 1707: Mr. KIND. Mr. SHIMKUS, Mr. KING of New York, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 1711: Mrs. LOWEY and Mr. CALVERT, Ms. BROWNLEY of California, and Under clause 7 of rule XII, sponsors Mr. GIBBS. O’HALLERAN. were deleted from public bills and reso- H.R. 1753: Mr. WRIGHT. H.R. 3157: Mr. KILMER. lutions, as follows: H.R. 1766: Mrs. LURIA, Mrs. LAWRENCE, Mr. H.R. 3222: Mr. YARMUTH. WALTZ, and Mr. GRAVES of Georgia. H.R. 3289: Mrs. HARTZLER and Mr. H.R. 3193: Mr. KILDEE and Mrs. LURIA. H.R. 1794: Mr. GRAVES of Louisiana. MCADAMS. H.R. 1858: Mr. HILL of Arkansas. H.R. 3306: Mr. KIM and Mr. ROUZER. f H.R. 1865: Mr. TAYLOR. H.R. 3349: Mr. GONZALEZ of Texas. H.R. 1869: Ms. WILSON of Florida. H.R. 3396: Mr. GOSAR. DISCHARGE PETITIONS— H.R. 1933: Mr. GROTHMAN and Mr. WALKER. H.R. 3412: Mr. CRENSHAW. ADDITIONS AND WITHDRAWALS H.R. 1942: Ms. DELBENE. H.R. 3463: Mr. NEGUSE and Mr. MALINOWSKI. The following Members added their H.R. 1995: Mr. BACON. H.R. 3495: Mr. SOTO, Mrs. AXNE, Mrs. DIN- names to the following discharge peti- H.R. 2070: Mr. RESCHENTHALER. GELL, Mr. SUOZZI, Mr. CARBAJAL, Mr. VAN H.R. 2089: Mr. KELLY of Mississippi. DREW, Ms. SHALALA, and Mr. DELGADO. tions: H.R. 2146: Mr. CARSON of Indiana and Mr. H.R. 3502: Mr. SCHWEIKERT and Mr. Petition 1 by Mr. SCALISE on House Reso- VISCLOSKY. CLEAVER. lution 102: Mr. Murphy of North Carolina and H.R. 2167: Mr. CICILLINE. H.R. 3509: Ms. PRESSLEY, Mr. TED LIEU of Mr. Bishop of North Carolina. H.R. 2214: Ms. FRANKEL, Ms. SHERRILL, Mr. California, Ms. SLOTKIN, and Mr. SCOTT of Petition 3 by Mr. MAST on House Resolu- PERLMUTTER, Ms. DELAURO, and Mr. MCNER- Virginia. tion 348: Mr. Murphy of North Carolina and NEY. H.R. 3549: Mr. HASTINGS. Mr. Bishop of North Carolina.

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RECOGNIZING WORLD grown into a community-supported local kitch- HONORING MELVINDALE-DEAR- NARCOLEPSY DAY en and pantry to serve the people of the BORN FIRE CAPTAIN MICHAEL Pajaro Valley. PREADMORE HON. ADAM B. SCHIFF The Loaves and Fishes lunch program OF CALIFORNIA serves a hot, nutritious lunch every weekday, HON. RASHIDA TLAIB IN THE HOUSE OF REPRESENTATIVES prepared on-site by certified cooks and other OF MICHIGAN Friday, September 20, 2019 community volunteers. In 2018, Loaves and IN THE HOUSE OF REPRESENTATIVES Fishes served between 80 and 150 hot and Friday, September 20, 2019 Mr. SCHIFF. Madam Speaker, I rise today nutritious meals every weekday. The pantry in recognition of World Narcolepsy Day, which program provides supplemental groceries to Ms. TLAIB. Madam Speaker, I rise today in will be observed globally on September 22nd. the individuals or families up to twice per tribute to Captain Michael Preadmore for his Narcolepsy is a chronic neurological condi- month, with 76 percent of adult pantry clients many years of service to the Melvindale-Dear- tion that affects about 1 in 2,000 people by im- being farm workers who support the Central born Consolidated Fire Department, on the oc- pairing the brain’s ability to regulate the sleep- Coast. Most of these groceries are either do- casion of his retirement. wake cycle. Symptoms of narcolepsy include nated or purchased from local farmers and the During his twenty-three years of service, excessive sleepiness during the day, sudden Second Harvest Food Bank. Captain Preadmore has moved steadily episodes of muscle paralysis, sleep paralysis, through the ranks, garnering accolades for his confusing hallucinations, and a disrupted In addition to its food programs, Loaves and dedication and bravery along the way. nighttime sleep. Fishes supports the development of the com- Preadmore joined the City of Melvindale’s Fire Due to an overall lack of public and profes- munity by providing support services, including Department as a firefighter in 1996. From sional awareness, accurate diagnosis of nar- nutrition education, job trainings, resume build- there, he was quickly promoted to sergeant, colepsy commonly takes between 8 and 15 ing workshops, life skills development, and re- lieutenant, and ultimately, captain. A consum- years. Experts believe that the majority of peo- ferrals to other available social services. Many mate professional who knows safety doesn’t ple with narcolepsy are currently undiagnosed of these services are provided through part- take a day off, Captain Preadmore has been or misdiagnosed with other conditions such as nerships with other social service agencies acknowledged for his perfect attendance mul- epilepsy, depression, and schizophrenia. More and nonprofits. tiple times and he has dedicated his time to- work is needed to deliver breakthroughs for It is an honor to recognize an organization ward working to advanced certification, includ- patients impacted by this debilitating sleep dis- with such a meaningful impact on the commu- ing confined space and rope rescue. Above order, and we must continue to support the nity, and I am proud to celebrate Pajaro Valley and beyond that, Captain Preadmore has important funding of medical research through Loaves and Fishes’ 30th anniversary of sup- been recognized for his bravery in the line of the National Institutes of Health and public porting the Central Coast. Madam Speaker, I duty, receiving the Fire Chief Life Saving health programs through the Centers for Dis- ask my distinguished colleagues to join me in Award twice, the Department Medal of Valor ease Control and Prevention. celebrating Loaves and Fishes as a pillar of award, and the Fire Chief Unit Commendation. World Narcolepsy Day serves to raise strength in our community. In short, Captain Preadmore has served awareness of the experiences and healthcare bravely and nobly. Please join me in saluting needs of the approximately 3 million people f him for his twenty-three years of public service living with narcolepsy across the globe, includ- as we wish him well on his retirement. ing the 200,000 people with narcolepsy and HONORING THE BICENTENNIAL OF f their loved ones in the United States. By rais- PERRY COUNTY, TENNESSEE ing awareness of narcolepsy, we can reduce HONOR FLIGHT OF OREGON delays in diagnosis, combat stigma and misperceptions, and improve health outcomes HON. MARK E. GREEN HON. GREG WALDEN for affected individuals. OF OREGON OF TENNESSEE I ask all Members to join me in recognizing IN THE HOUSE OF REPRESENTATIVES September 22nd as World Narcolepsy Day. IN THE HOUSE OF REPRESENTATIVES Friday, September 20, 2019 f Friday, September 20, 2019 Mr. WALDEN. Madam Speaker, I rise to HONORING THE 30TH ANNIVER- recognize the World War II veterans, Korean SARY OF PAJARO VALLEY Mr. GREEN of Tennessee. Madam Speak- War veterans and Vietnam War veterans from LOAVES AND FISHES er, I rise today to recognize the bicentennial of Oregon who are visiting their memorials on Perry County, Tennessee, which was estab- the National Mall on Friday, September 20, HON. JIMMY PANETTA lished in November 1819. Named after Com- 2019, through Honor Flight of Oregon. Every modore Oliver Hazard Perry, a naval hero in OF CALIFORNIA time I have the chance to meet one of these the War of 1812, Perry County has a long and IN THE HOUSE OF REPRESENTATIVES heroes, I am reminded of the poignant words proud history in the heart of Tennessee. of General Dwight D. Eisenhower. In a mes- Friday, September 20, 2019 Perry County is known for the scenic beauty sage to Allied troops just before D–Day, he Mr. PANETTA. Madam Speaker, I rise today of the Buffalo and Tennessee rivers, and it is said, ‘‘The eyes of the world are upon you. on the behalf of Pajaro Valley Loaves and home to several historic sites, including the The hopes and prayers of liberty-loving people Fishes to recognize the work they have done Cedar Grove Iron Furnace, the Perry County everywhere march with you.’’ to foster community development and collabo- Courthouse, and the Commodore Hotel. He was right then, of course, Madam ration as they celebrate 30 years of committed Speaker. But over seventy years later, liberty- work to alleviating hunger among working Home to some of Tennessee’s finest public loving people everywhere continue to owe class families on the central coast of Cali- servants, it is my distinct honor to represent these heroes for their extraordinary service fornia. Perry County in the United States Congress. and their incredible stories of sacrifice and Loaves and Fishes was founded in 1989 as The citizens of Perry County exemplify the bravery on behalf of our country. That’s why it an emergency response to the Loma Prieta values that form the cornerstone of Tennessee is my privilege to include in the RECORD their earthquake and served more than 20,000 and our nation, and I ask that my colleagues names. meals to residents displaced by the disaster at in the United States House of Representatives The veterans on this Honor Flight from Or- their original location in Watsonville’s St Pat- join me in congratulating them as they cele- egon are as follows: Robert Berns, Navy; John rick’s Church. The organization has since brate this momentous occasion. Bromstead, Navy; Dale Coonse, Navy; William

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.001 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1188 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2019 Dickson, Navy; Dean Ewell, Army; Carl Giles, Teddy Roosevelt’s speech ‘‘The Man in the Dr. Birnbaum’s work as a federal research Army; Roy Gilmore, Navy; Stanley Grout, Arena.’’ scientist spans nearly 40 years, including 19 Navy; Troy Stone, Army; Dean Hastings, Richard never sat on the sidelines. He was years directing research at the U.S. Environ- Navy; Howard Hoffer, Navy; Floyd McHargue, always in the arena, striving valiantly. Like any mental Protection Agency. She also currently Marine Corps; Norman Morgan, Navy; Jacob man who dares greatly, he also suffered set- serves as an adjunct professor in the UNC Notenboom, Army; Rex Orcutt, Navy; Jack backs along the way. Gillings School of Global Public Health and Peed, Navy; Jesse Ponce, Navy; Francis In the end, despite a lifetime marked by held a similar position in Toxicology and Envi- Rossi, Navy; William Russell, Air Force; Wil- achievement, perhaps Richard’s most admi- ronmental Health at Duke University. She has liam Shrader, Coast Guard; Muriel Sollendar, rable quality was his fortitude and resilience in maintained her research program even while Marine Corps; Marlyn Sperry, Army; Galen the face of adversity. serving as NIEHS/NTP director, and at last Tarter, Navy; Cliff Peery, Army; and David Richard was a pillar of our central Florida count had over 700 published articles and re- Ullom, Army. community. He will be deeply missed by all of ports to her credit. Fortunately, she plans to These heroes join over 200,000 veterans us who had the honor to call him a friend. continue her laboratory research part-time. who have been honored through the Honor f Madam Speaker, it has been my privilege to Flight Network of volunteers nationwide since know and work with Dr. Birnbaum during 2005. HONORING DR. LINDA BIRNBAUM, much of her tenure at EPA and NIEHS. I was I would also like to recognize the guardians CHAMPION OF ENVIRONMENTAL delighted to see her—an accomplished, prac- traveling on this trip who have also served our HEALTH RESEARCH ticing scientist—appointed to the directorship country: Mark Libante, Army; Richard of NIEHS, and she has been a trusted source McReynolds, Army; Paul Grout, Air Force; HON. DAVID E. PRICE of advice on the Institute’s needs and the Kenneth Dale, Navy; Ronald Kohl, Air Force OF NORTH CAROLINA state of the research enterprise. She has a and Army; Daniel Johnson, Navy; Kenneth IN THE HOUSE OF REPRESENTATIVES passion for the NIEHS/NTP mission and has Young, Navy; Rachael Watters, Army; Terry Friday, September 20, 2019 inspired a generation of scientists with her vi- Haines, Navy; and Peter Pringle, Navy. sion of what well-designed research can con- Madam Speaker, at the height of the Civil Mr. PRICE of North Carolina. Madam tribute to public health and environmental War in 1863, President Abraham Lincoln Speaker, I rise today to recognize Dr. Linda quality. wrote, ‘‘Honor to the Soldier, and Sailor every- Birnbaum, Director of the National Institute of I ask my colleagues to join me in congratu- where, who bravely bears his country’s Environmental Health Sciences (NIEHS) and lating Dr. Linda Birnbaum as she reaches this cause.’’ Each of us in this chamber and in this the National Toxicology Program (NTP), who milestone. We thank her for her years of dedi- nation should be humbled by the courage of is retiring in October. Dr. Birnbaum has served cated service and the contributions she has these brave veterans who put themselves in as director of NIEHS, located in North Caro- made toward the health and well-being of mil- harm’s way for our country and way of life. As lina’s Research Triangle Park, for the past 10 lions of people. years. She is the first woman and first board- a nation, we can never fully repay the debt of f gratitude owed to them for their honor, com- certified toxicologist to serve in this position. mitment, and sacrifice in defense of the free- Dr. Birnbaum always had a clear vision for HONORING THE 25TH ANNIVER- doms we have today. the NIEHS/NTP, evidenced by her implemen- SARY OF THE THAI COMMUNITY My colleagues, please join me in thanking tation of two strategic plans over the course of DEVELOPMENT CENTER these veterans and the volunteers of Honor her tenure. Under her leadership, NIEHS has Flight of Oregon for their exemplary dedication become a world leader in environmental HON. ADAM B. SCHIFF and service to this great country. health and toxicology research. For example, OF CALIFORNIA f scientific studies, such as the annual Report IN THE HOUSE OF REPRESENTATIVES on Carcinogens, which analyzes substances in HONORING THE LIFE OF RICHARD our environment that may cause cancer, have Friday, September 20, 2019 SWANN ignited changes in health policy and safety Mr. SCHIFF. Madam Speaker, I rise today standards in the U.S. and across the world. to honor the Thai Community Development HON. STEPHANIE N. MURPHY The creation of the Children’s Health Expo- Center upon its 25th Anniversary. OF FLORIDA sure Analysis Resource, a grant program that The Thai Community Development Center IN THE HOUSE OF REPRESENTATIVES established a network of exposure assess- (Thai CDC) was founded in 1994 with the goal Friday, September 20, 2019 ment laboratories across the country, paved of supporting and improving the lives of Thai Mrs. MURPHY of Florida. Madam Speaker, the way for policy changes that protected the immigrants and other ethnic communities in I rise to honor the extraordinary life and endur- health of children. Dr. Birnbaum’s team also the greater Los Angeles area. Thai CDC ing legacy of Richard Swann, a great man and established the NIEHS Clinical Research Unit, achieves its mission through a comprehensive a good man, who recently passed away. allowing the NIH to partner with top biomedical community development strategy and initia- Richard’s life wasn’t just full, it was over- teams at our RTP Universities: Duke, Univer- tives that focus on a variety of issues including flowing. Overflowing with action and accom- sity of North Carolina at Chapel Hill, and North access to healthcare and social services, af- plishment, trial and triumph, and—above all— Carolina State. fordable housing, human rights advocacy, family and friendship. In the wake of environmental disasters, Dr. neighborhood empowerment, and small busi- Richard lost his childhood sweetheart and Birnbaum and her team led critical research ness incubation. beloved wife Doris too young, but he poured projects following the 2010 Deepwater Horizon Thai CDC played an essential role in an his energy into his work, into his four children oil spill in the Gulf of Mexico and the 2014 eight-year community organizing campaign and 12 grandchildren, and into his large and West Virginia chemical spill. Dr. Birnbaum and that raised awareness and led to the creation loyal network of friends. her team worked in coordination with scientists of Los Angeles’ Thai Town in 1999, the first Richard packed so much into his 79 years across the NIH and with the residents of af- Thai Town in the United States. Through this on earth. He was a wise lawyer, a far-sighted fected areas, recruiting over 33,000 partici- designation, Thai CDC has been able to en- businessman and real estate developer, and pants for the Deepwater Horizon study. gage in transit-oriented development and an influential player at the highest level of Dr. Birnbaum has received numerous acco- beautification efforts such as the installation of American and Florida politics. lades for her outstanding achievements in the the Kinarra Lamposts. This strategy to revi- Richard was a proud Orlando native, and field of science. In 2010, she was elected to talize an otherwise depressed portion of East foresaw the city’s potential before nearly any- the Institute of Medicine, now known as the Hollywood through cultural-based tourism has body else. Without fanfare, Richard did as National Academy of Medicine. She also was allowed the Thai American community to pros- much as any man to transform Orlando into awarded the North Carolina Award in Science per and flourish. In 2008, Thai Town was des- the unique and wonderful place it is today. in 2016, the state’s highest civilian honor ignated a Preserve America neighborhood, a Richard was best known as a champion of given by North Carolina’s Governor. For her federal designation celebrating cultural herit- the political causes and candidates he cared work in toxicology she was named the Distin- age and encouraging historic preservation. about. He was committed to the concept of re- guished Toxicology Scholar by the Society of Throughout the years, Thai CDC has been sponsible and engaged citizenship. Toxicology in 2018 and earned the Mildred S. instrumental in creating events and spaces to At the service celebrating Richard’s life, his Christian Career Achievement Award from the foster economic opportunity and bring granddaughter Caroline read an excerpt from Academy of Toxicological Sciences. Angelenos and tourists alike to Thai Town.

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.007 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS September 20, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E1189 Thai CDC spearheaded the effort to build and to enrich the lives of others. That is why I am HONORING NEW YORK CHIRO- develop the Thai Town Market Place and es- so pleased to stand today to offer my sincere PRACTIC COLLEGE FOR ITS ONE tablish a twice weekly East Hollywood Farm- congratulations as they mark this very special HUNDREDTH ANNIVERSARY ers Market to help incubate small businesses centennial anniversary. The families, parish- and provide healthy and affordable food op- ioners, and staff have much to be proud of as tions to the neighborhood. In 2004, Thai CDC they celebrate this 100th anniversary year. HON. TOM REED helped found the Thai New Year’s Day OF NEW YORK Songkran Festival which has since become an f IN THE HOUSE OF REPRESENTATIVES annual event attracting hundreds of thousands RECOGNIZING THE LEE LOCKWOOD of attendees. LIBRARY AND MUSEUM Friday, September 20, 2019 Since its founding, Thai CDC has also been committed to improving the lives of Thai immi- Mr. REED. Madam Speaker, today I rise to grants through culturally sensitive and linguis- HON. BILL FLORES recognize New York Chiropractic College for tically appropriate social services and pro- OF TEXAS the one hundredth anniversary of its founding. grams such as legal aid, financial literacy and IN THE HOUSE OF REPRESENTATIVES In 1919, Columbia Institute of Chiropractic counseling, and mediation and dispute resolu- Friday, September 20, 2019 was founded by Dr. Frank Dean. The institute tion. In addition to assisting clients with secur- later became New York Chiropractic College ing affordable housing, Thai CDC has also Mr. FLORES. Madam Speaker, I rise today in the 1970s. In 1991, a two-hundred and built the Halifax Apartments, a multi-family af- to recognize the Lee Lockwood Library and eighty-six acre campus was purchased in Sen- fordable housing development in Hollywood, Museum in Waco, which is celebrating its 50th eca Falls, New York, and the college moved and the Palm Village Senior Housing in Sun anniversary this year. to this expanded location. In the mid-1960s, planning began for a Valley. Thai CDC has also raised awareness Clinics were added throughout the region, of modern-day slavery and human trafficking home base for the Scottish Rite Freemasons in Texas. A committee was formed to raise the including in Seneca Falls, Depew and Levit- in the United States through the creation of town, New York. The college has also the Slavery Eradication and Rights Initiative, money needed for the building. Members of this committee included many Waco business- partnered with the Veterans Administration SERI. and others throughout the years. I am proud to recognize the Thai Commu- men and leaders including Allen Shivers, the 37th Governor of Texas; Abner McCall, Presi- This college has been educating Chiro- nity Development Center for twenty-five years practic students for one hundred years and I of providing extraordinary service to the Thai dent of Baylor University; and Robert L. Lockwood, the building’s namesake. Waco wish them success in the next one hundred American community in the greater Los Ange- years of educating students. New York Chiro- les area, and I ask all members to join me in was selected as the location for the building and construction began in 1967. The building practic College has provided outstanding pro- congratulating the center for its outstanding gramming that is both meaningful and valu- achievements. opened on September 27, 1969. Since its opening, the building has served able to its students and the patients they go f as a central meeting location for Scottish Rite on to help. I applaud their efforts and hope to HONORING MOUNT ZION SEVENTH Masons as well as a library and museum. The see many more great things from them in the DAY ADVENTIST CHURCH ON Lee Lockwood Library and Museum is home future. THEIR CENTENNIAL ANNIVER- to a more than 1,200 piece print collection by Given the above, I ask that this Legislative SARY Waco photographer Fred Gildersleeve, a large Body pause in its deliberations and join me to coin collection, as well as Civil War era letters, recognize New York Chiropractic College for HON. ROSA L. DeLAURO medical records, and military enlistment data. the one hundredth Anniversary of its founding. OF CONNECTICUT It also contains more than 10,000 books on world, American, and Texas history; as well as IN THE HOUSE OF REPRESENTATIVES f rare and first edition prints from authors such Friday, September 20, 2019 as Mark Twain and Charles Dickens. RECOGNIZING THE IEEE WOMEN IN Ms. DELAURO. Madam Speaker, it is with Throughout the year, the building hosts ENGINEERING AI LEADERSHIP great pleasure that I rise today to extend my weddings, meetings, concerts, veterans’ SUMMIT heartfelt congratulations to the Mount Zion events, and other Masonic and non-Masonic Seventh Day Adventist Church, its staff, and gatherings. The auditorium is also home to the congregation as they commemorate their Waco Children’s and Christian Youth Theater, HON. BILL FOSTER 100th Anniversary. This is a remarkable mile- which hold many performances and camps OF ILLINOIS stone for this community treasure and cer- every year. IN THE HOUSE OF REPRESENTATIVES tainly cause for great celebration. The building is constructed out of limestone Through its many ministries, the members in a large rectangular shape, has four, dra- Friday, September 20, 2019 of Mount Zion nourish their souls as well as matic two-story columns at the entrance, and Mr. FOSTER. Madam Speaker, I rise today those they serve. From educating young peo- is flanked by two, two-ton limestone sphinxes. to recognize the Institute of Electrical and ple and organizing exciting activities for them The director of the Masonic National Memorial Electronics Engineers Women in Engineering to providing information on healthier food op- called the Lee Lockwood Library and Museum AI Leadership Summit. This summit is a valu- tions and recipes for families, the congregation ‘‘the last great Masonic building built in Amer- able forum for women students, teachers, re- is enriching the lives of others throughout the ica.’’ In 2014, the City of Waco Historic Land- searchers, and engineers to share their expe- community. mark Preservation Commission presented the riences and knowledge in the AI field. Our churches play a vital role in our com- library an award for ‘‘Recognition of Sustained munities—providing people with a place to Excellence for an Institutional Structure’’. As chair of the House Financial Services turn to for comfort when they are most in Madam Speaker, the Lee Lockwood Library Committee Artificial Intelligence Task Force, I need. The members of Mount Zion have also and Museum has served as a pillar for knowl- know that developments in this field are at the given much to the Town of Hamden. Through- edge and public service in its 50 years of op- forefront of American technological innovation. out the years, as their membership grew so eration. I congratulate the Scottish Rite Ma- AI has the potential to fundamentally change did its commitment to the community. By sons on reaching this milestone and I look for- how we interact with the world, and the work strengthening our bonds of faith, Mount Zion ward to seeing their continued success. of groups like IEEE Women in Engineering is gives its members a place to find their spiritual I have requested that a United States flag shaping the future of entrepreneurship, finan- center and to solidify and support their values. be flown over our Nation’s Capitol to recog- cial decisionmaking, and technological devel- In its 100-year history, the Mount Zion Sev- nize the legacy of the Lee Lockwood Library opment. enth Day Adventist Church has built a strong and Museum. Madam Speaker, I ask my colleagues to join foundation and its success is due to the dedi- As I close today, I urge all Americans to me today in recognizing the IEEE Women in cation and commitment of each and every continue praying for our country, for our vet- Engineering AI Leadership Summit and the member of its congregation. Through their erans, for our military men and women who many great contributions that women engi- ministry and outreach efforts, they have left an protect us, and for our first responders who neers and scientists have made to this country indelible mark on our community and continue keep us safe at home. and its communities.

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K20SE8.002 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1190 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2019 HONORING THE ANNIVERSARY OF College Scholarship Endowment, which en- ently relies on General Fund transfers and PENTECOSTAL TEMPLE CHURCH ables deserving students the opportunity to should ultimately be repealed. OF GOD IN CHRIST further their education. It also includes funding for Community Dr. Clyburn’s philanthropic successes did Health Centers, which provide a vital lifeline HON. RASHIDA TLAIB not go unnoticed. She was a recipient of the for health care services to thousands of Or- egonians and millions of Americans in rural OF MICHIGAN Woman of Faith Award from the Columbia and underserved communities. It also modifies IN THE HOUSE OF REPRESENTATIVES Chapter of the National Council of Negro Women, the Distinguished Service Award from Medicaid’s drug rebate program to ensure that Friday, September 20, 2019 the South Carolina State University National rebates paid to the federal government and Ms. TLAIB. Madam Speaker, I rise today in Alumni Association, and the Woman of Dis- the states by brand name drug manufacturers tribute to Pentecostal Temple Church of God tinction Award by the Girl Scouts of South are calculated based solely on the price of a in Christ, a house of worship in Inkster, Michi- Carolina. Additionally, she was featured in the brand name drug, and not on generic drug gan, as its members celebrate the church’s I. DeQuincy Newman Institute for Peace and prices. ninetieth anniversary. Social Justice’s documentary, Notable African It includes language to ensure the Depart- Pentecostal Church of God in Christ was American Women: In Their Own Voices. ment of Veterans Affairs (VA) has the funding founded in 1930. Construction of the church Dr. Clyburn was preceded in death by her it needs to process claims from Blue Water itself was a labor of love initiated by pledges parents, Peter and Mattie England, and sib- Navy Veterans impacted by Agent Orange as and donations of community members and lings Arthur England and Mattie Mae England well as critical provisions that will significantly built by their own hands. Since then, the Wadley. She is survived by her husband, Con- expand enrollment in the World Trade Center church has grown to accommodate its flock gressman JIM CLYBURN; three daughters, Health Program, aiding 9/11 first responders and its many programs. The same sense of Mignon L. Clyburn, Jennifer Clyburn Reed and survivors. community that was present at the church’s in- (Walter), and Angela Clyburn Hannibal; four Importantly, the bill provides $250 million in ception is still evident in its growth both phys- grandchildren, Walter A. Clyburn Reed, Syd- aid to Ukraine to help it defend itself from ically and spiritually. Over the years, Pente- ney Alexis Reed, Layla Joann Clyburn Han- Russian aggression, which President Trump costal Church of God in Christ has expanded nibal, and Carter James Clyburn Hannibal; suspiciously delayed this summer. Disturb- to include a school for kindergarten through and many more loving family and friends. ingly, Trump may have even tried to use this sixth. It offers summer programs, daycare, and Madam Speaker, I would like to extend my aid as leverage to coerce Ukraine into con- even technology classes. The legacy of com- deepest sympathies to Congressman CLY- ducting politically-motivated investigations to munity service and inclusion lives on under BURN, his loved ones, and all those who had help Trump’s former campaign chairman Paul the leadership of Pastor Kellen Brooks, the the pleasure of knowing Dr. Clyburn. She was Manafort and to target former Vice President grandson of Pentecostal Church in God’s a pillar of this great institution’s community, Joe Biden’s family. longest serving pastor, the late Bishop Isaac and we will dearly miss her. However, I am extremely disappointed that the continuing resolution did not address a King, Jr. f Please join me in tribute to Pastor Kellen highway program funding issue created by the Brooks and the members of Pentecostal CONTINUING APPROPRIATIONS Republicans in the last surface-transportation Church of God in Christ as we recognize its ACT, 2020, AND HEALTH EXTEND- reauthorization bill. Section 1438 of the Fix ninetieth anniversary. ERS ACT OF 2019 America’s Surface Transportation (FAST) Act rescinds $7.6 billion of Federal highway fund- f SPEECH OF ing on July 1, 2020. State Departments of PAYING TRIBUTE TO THE LIFE HON. PETER A. DeFAZIO Transportation are very concerned about the AND LEGACY OF DR. EMILY OF OREGON impact of the rescission on planning, construc- ENGLAND CLYBURN tion, and repair of roads and bridges, and it is IN THE HOUSE OF REPRESENTATIVES imperative that we address this before we fi- HON. EDDIE BERNICE JOHNSON Thursday, September 19, 2019 nalize the fiscal year 2020 appropriations bills. I also have serious concerns with the bill’s OF TEXAS Mr. DEFAZIO. Mr. Speaker, I will vote yes attempt to reimburse the Commodity Credit IN THE HOUSE OF REPRESENTATIVES on H.R. 4378, which funds the federal govern- ment through November 21, 2019, although I Corporation for trade relief that has been dis- Friday, September 20, 2019 do have several concerns regarding what is in bursed to farmers and ranchers hurt by Presi- Ms. JOHNSON of Texas. Madam Speaker, the bill. dent Trump’s trade war with China. While’s I rise today to recognize and pay tribute to the The House has completed nearly all of its there’s no doubt that farmers and ranchers life and legacy of a transformative leader and appropriations bills. The Republican Senate have suffered under President Trump’s trade my personal friend, Dr. Emily England Cly- has passed none. Because the Senate has policies, this legislation essentially clears the burn. not done its work, bridge funding is needed to way for the president to continue his erratic A native South Carolinian, Dr. Clyburn grad- keep the government open past September trade policies unchecked by providing an ab- uated from Berkeley Training High School in 30. surd bailout of more than $20 billion. Moncks Corner before attending South Caro- Let me be clear: it is imperative that Con- I hope the Senate can get its work done lina State University (SCSU), where she gress provide long-term stability and funding. during the next eight weeks so we can stop earned a Bachelor’s degree in Library Congress, specifically the Senate, needs to the budget gimmicks and spend our time Science. She continued her studies and get its work done and halt the ridiculous and working on important issues like improving ac- earned a Master’s degree in Librarianship irresponsible lurching from short-term fix to cess to health care and repairing our dilapi- from the University of South Carolina. In 2010, short-term fix. Shutting down the government dated infrastructure. That is what Americans Dr. Clyburn was recognized for her achieve- does nothing but harm Americans. The shut- expect, and that is what they deserve. ments in the humanities through an Honorary down earlier this year resulted in Coast Guard f Doctorate of Humane Letters from her alma personnel going without a pay check for 35 RECOGNIZING THE BRYAN/COL- mater, SCSU. days. I have a bill to ensure that never hap- LEGE STATION HABITAT FOR Dr. Clyburn served as a public school librar- pens again. HUMANITY ian in Columbia and Charleston in the early The continuing resolution includes provi- part of her career. She later transitioned to a sions that I strongly support. I am glad it con- medical librarian position at the Charleston tains language to stop roughly $1.2 billion in HON. BILL FLORES OF TEXAS Naval Base and Dorn VA Medical Center in cuts to transit formula funding from going into IN THE HOUSE OF REPRESENTATIVES Columbia, where she merged her passion of effect on October 1, 2019. Had this language librarianship with her commitment to service. not been included, the so-called ‘‘Rosten- Friday, September 20, 2019 Dr. Clyburn and her husband, my good kowski test’’ would have been triggered for the Mr. FLORES. Madam Speaker, I rise today friend Congressman JIM CLYBURN, generously first time ever, leading to a roughly 12 percent to recognize the Bryan-College Station Habitat contributed funding to South Carolina State cut in funding to transit agencies. This test, for Humanity, which is celebrating its 30th an- University to allow for the reestablishment of originally intended to prevent overspending niversary this year. the Honors College. In addition, the university from the Highway Trust Fund, is no longer rel- The Bryan-College Station Habitat for Hu- created the Dr. Emily England Clyburn Honors evant given that the Trust Fund now consist- manity was founded in 1989 when a Texas

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K20SE8.006 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS September 20, 2019 CONGRESSIONAL RECORD — Extensions of Remarks E1191 A&M University college student named Heath- erans, for our military men and women who Germany. Mr. Powell earned the rank of Mas- er Hilton came across a brochure and won- protect us, and for our first responders who ter Sergeant and was awarded the WWII Vic- dered why there was no locally run affiliate of keep us safe at home. tory Medal, the European-African-Middle East- Habitat for Humanity International, a nonprofit, f ern Campaign Medal, the American Defense ecumenical Christian housing organization. Medal, the Operation Overload Medal, the Heather contacted other pillars of the commu- HONORING KIRK-CASEY AMERICAN American Campaign Medal, the Army Good nity who also noticed the lack of affordable LEGION POST 366 IN SENECA Conduct Medal, and the Bronze Star. housing in the Brazos Valley. Since its subse- FALLS, NEW YORK FOR ITS ONE Mr. Powell returned home and worked for quent formation, the Bryan-College Station HUNDRETH ANNIVERSARY businesses in upstate New York. He later Habitat for Humanity has continued its mission landed a job with IBM as a manager and was of putting God’s love into action by building HON. TOM REED transferred to Lexington, Kentucky where he homes, communities, and hope in Brazos OF NEW YORK worked for 28 years prior to retirement. Mr. County, Texas. IN THE HOUSE OF REPRESENTATIVES Powell married his wife Betty and they were In 1990, Victor and Amelia Gonzalez pur- blessed with two daughters, Paula and Mar- Friday, September 20, 2019 chased the first home built by Bryan-College sha. Mr. and Mrs. Powell will celebrate their Station Habitat for Humanity. This opportunity Mr. REED. Madam Speaker, today I rise to 77th anniversary this New Year’s Eve. allowed them and their three children to move recognize and honor Kirk-Casey American Le- Mr. Powell and his fellow veterans are true out of their small trailer with no heating or gion Post 366 in Seneca Falls, New York for heroes. As members of the ‘‘Greatest Genera- cooling and a large hole in the floor. In 2012, its one hundredth Anniversary. tion’’, they willingly served to protect and de- they paid off their mortgage on the home. The A charter was put in place by New York fend the freedoms that we enjoy today. I am Gonzalez family is just one example of the State for Kirk-Casey American Legion Post humbled to honor the service of Mr. John more than 1,000 people the Bryan-College 366 in Seneca Falls on September 8, 1919. Powell and to celebrate his upcoming 100th Station Habitat for Humanity has helped in The post was named in honor of local citizens, birthday before the United States Congress. their 30 years of existence. Frederick Kirk and Maynard Casey, two mili- f The Bryan-College Station Habitat for Hu- tary members killed in action during World manity has served 456 adults and 816 chil- War I. The first meeting of Kirk-Casey Amer- HONORING THE 50TH ANNIVER- dren by providing homeownership opportuni- ican Legion Post 366 was held on September SARY OF SPORTS FOUNDATION, ties to individuals and families who earn be- 19, 1919 where the name was chosen. Six INC. tween 35 and 80 percent of the area’s median days later, Fata Martin was the first woman income. This past August, the Bryan-College enrolled in the post. Fata Martin served as a HON. JOSE´ E. SERRANO Station Habitat for Humanity raised the walls nurse in France after training at Willard State OF NEW YORK of its 298th home, and will reach its 300th Hospital in Romulus. IN THE HOUSE OF REPRESENTATIVES On February 22, 1921, a women’s auxiliary home milestone this year. Friday, September 20, 2019 The Bryan-College Station Habitat for Hu- was organized and a charter was received on manity is able to provide these opportunities to May 23, 1923. Property was purchased on Mr. SERRANO. Madam Speaker, it is my those in need through financial donations, vol- April 2, 1924, known as the Casey Property, pleasure to honor Sports Foundation, Inc. on unteer labor, efficient building methods, stand- which was located at 48 State Street, Seneca their 50th Anniversary of tireless advocacy to ardized designs, and zero interest loans. Over Falls, New York. This property was used to improve the lives of Bronx residents. This or- 70 percent of the land and construction costs build the post home, which is still in use. The ganization is a great example of extraordinary come from the generous donations from busi- post home was dedicated on May 18, 1929. contributions that community based groups nesses, individuals, and other private sources. The rich and varied history of this post is a and outstanding individuals have made in my Other costs are covered by mortgage pay- long-lasting legacy that I wish to share with district in the Bronx. ments of the existing Habitat for Humanity my colleagues here, the constituents in my Mr. Robert Williams and Mr. Claude homeowners and revenue from the Bryan-Col- district and the American people. Kirk-Casey ‘‘Buddy’’ Young founded Sports Foundation, lege Station ReStore which opened in 1995 American Legion Post 366 is the first char- Inc. in 1969. Mr. Williams was born and raised selling building supplies, furniture, appliances, tered post in Seneca County and is one of the in the Bronx, attended Theodore Roosevelt and home de´cor. longest chartered posts in the American Le- High School and was captain of NYU’s bas- In addition to constructing new homes, the gion’s seventh district. I applaud the efforts of ketball team while earning a bachelors in edu- Bryan-College Station Habitat for Humanity this post on behalf and for veterans over the cation from there. Mr. Williams was also the has also started a Community Home Repair years and wish them continued success in the first African-American assistant basketball program to serve low-income residents. Since future. coach at NYU. Throughout his career, basket- the program’s inception in 2015, it has served Given the above, I ask that this Legislative ball and scholarship were two of his biggest another 209 homeowners in the Brazos Val- Body pause in its deliberations and join me to priorities. Mr. ‘‘Buddy’’ Young was one of the ley. recognize Kirk-Casey American Legion Post first black men to play pro football. He started The work Habitat for Humanity does is vital 366 in Seneca Falls, New York for its one playing at the University of Illinois, and then to the success of families in the Brazos Valley. hundredth Anniversary. was drafted into the Armed Services, and A 2018 study conducted by the Bush School f played with one of the service teams. At the of Government and Public Service found that end of his military service, Mr. Young played families in Habitat homes visit the doctor less IN HONOR OF JOHN POWELL for ten years in the All-America Football Con- for mold related illnesses, the children have in- ference and National Football League. creased performance in school, and parents HON. ANDY BARR The dedication of Sports Foundation, Inc. to are more confident in funding their children’s OF KENTUCKY promote social responsibility to disadvantaged education. The Bryan-College Station Habitat IN THE HOUSE OF REPRESENTATIVES and at-risk youth has facilitated their ability to for Humanity does more than build and repair foster, develop and encourage positive youth Friday, September 20, 2019 homes; they bring people from all walks of life development using sports as a method of together to work toward a common goal: dem- Mr. BARR. Madam Speaker, I rise today to change. Their work has created a lasting im- onstrating God’s love by giving a hand up to honor the life of a special man, Mr. John Pow- pact in my community and participants have those in need of decent, affordable places to ell of Lexington, Kentucky. Mr. Powell is part been all the better for it. The variety of pro- live. of a special group of heroes that served our grams such as prevention counseling, sports Madam Speaker, it is clear that the Bryan- nation during World War II. Mr. Powell cele- and fitness activities, music/entertainment, and College Station Habitat for Humanity has had brates his 100th birthday on September 22nd. educational and community service, has a large and positive impact on the Brazos Val- Mr. Powell was born in Pennsylvania. He helped to develop healthy bodies and strong ley in their 30 years of operation. I congratu- was drafted into the United States Army on minds in the youth from this community. Their late them on reaching this milestone and I April 4, 1941. He was expected to serve for location in the South Bronx placed this organi- look forward to seeing their continued suc- one year, but instead served nearly five years. zation on the front lines in the war against cess. He was an artilleryman who landed on Omaha poverty, obesity, hunger, drugs, and violence. As I close today, I urge all Americans to Beach just 17 days after D-Day. He and his Sports Foundation, Inc. is now focused on continue praying for our country, for our vet- unit pushed all the way to the Rhine River in transforming the foundation into the premier

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.009 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E1192 CONGRESSIONAL RECORD — Extensions of Remarks September 20, 2019 youth services provider capable of reaching an thorities Act (Roll Call 536). Had I voted, I acting President Fouad Mebazaa appointed ever-expanding and greatly underserved youth would have voted YEA. President Caid Essebsi, after almost 20 years population. f of private life, as the new Prime Minister for Madam Speaker, I ask my colleagues to join his record of patriotism, loyalty, and commit- me in honoring Sports Foundation, Inc. for HONORING PRESIDENT MOHAMED ment to democracy. BEJI CAID ESSEBSI their steadfast dedication and years of service In 2011, following elections for the Con- to our Bronx residents, and for their long- stituent Assembly of Tunisia, the body standing commitment to improving our com- HON. BILL FLORES charged with writing a new constitution, Presi- munity. OF TEXAS dent Caid Essebsi left office. As the country’s f IN THE HOUSE OF REPRESENTATIVES new constitution was being written, President Caid Essebsi founded a new political party HIDDEN FIGURES CONGRESSIONAL Friday, September 20, 2019 named ‘‘Nidaa Tounes’’ which translates to GOLD MEDAL ACT Mr. FLORES. Madam Speaker, I rise today ‘‘Tunisia’s Call.’’ He founded this party as a to honor Mohamed Beji Caid Essebsi, the first SPEECH OF democracy-oriented alternative to the lslamist democratically elected president of Tunisia, Ennahda party which had recently taken HON. JOYCE BEATTY who passed away on July 25, 2019. power. President Caid Essebsi was born November OF OHIO In early 2014, the country’s new constitution 29, 1926, in Sidi Bou Said, Tunisia. In 1950 IN THE HOUSE OF REPRESENTATIVES was passed and ratified; followed by elections he went to study law in Paris, France, and to form a new system of government. Par- Thursday, September 19, 2019 when he returned, he joined the independence liamentary elections were held in October of movement led by future President Habib Mrs. BEATTY. Madam Speaker, Katherine that year and Nidaa Tounes won a plurality of Bourguiba. Following Tunisia’s independence Johnson, Dr. Christine Darden, Dorothy the seats. The next month, President Caid from France in 1956, he served as Vaughan, and Mary Jackson; most people Essebsi was elected as President of Tunisia in Bourguiba’s adviser and in his cabinet from know them as the ‘‘Hidden Figures.’’ the country’s first free and fair elections. Dur- 1957 to 1951. His posts included Chief of Re- Well, Madam Speaker, I think it’s safe to ing his presidency, he supported a secular so- gional Administration, Interior Minister, De- say they are ‘‘hidden figures’’ no longer. ciety and legislation that promoted women’s fense Minister, and Ambassador to France. Thanks to them and many other women, we rights. were able to reach for the stars and put a man Ten years after being sidelined for advo- Last year, I had the pleasure of meeting on the moon. cating for democratization, President Caid President Caid Essebsi on a House Democ- We honor these brave, brilliant women. Essebsi returned to public service in 1981, racy Partnership trip to Tunisia to promote They accomplished what many thought impos- serving as Minister of Foreign Affairs until their continuing democratic progress. I enjoyed sible and proved—to paraphrase Katherine 1986. In 1987, Prime Minister Zine el Abidine his company and was saddened to hear of his Johnson—that ‘‘Girls are capable of doing ev- Ben Ali staged a bloodless coup against Presi- passing. It is my fervent hope that in the up- erything men are capable of doing. Sometimes dent Bourguiba. Under the new regime, Presi- coming elections to replace him, Tunisia con- they even have more imagination than men.’’ dent Caid Essebsi was appointed as Ambas- tinues to build upon the democratic processes In that spirit, I am proud to be a cosponsor sador to Germany. He later returned to serve that he so strongly supported. of the Hidden Figures Congressional Gold from 1990 to 1991 as the President of the Medal Act and urge all my colleagues to sup- Chamber of Deputies, the former lower cham- Madam Speaker, President Mohamed Beji port this resolution. ber of the Tunisian parliament. Caid Essebsi’s life was defined by his service to his country. He will be forever remembered f In 2010, the citizens of Tunisia took part in a campaign of civil resistance against Presi- as a husband, a father, a selfless public serv- PERSONAL EXPLANATION dent Ben Ali. Their demonstrations against ant, a champion for democracy, and a friend. high unemployment, food inflation, and lack of My wife, Gina, and I offer our deepest and HON. JENNIFER WEXTON political freedom led to the eventual ouster of heartfelt condolences to the Caid Essebsi fam- OF VIRGINIA President Ben Ali. The Tunisian people’s revo- ily. We also lift up the family and friends of President Caid Essebsi in our prayers. IN THE HOUSE OF REPRESENTATIVES lutionary success sparked a wave of protests and government overthrows across the Middle As I close today, I urge all Americans to Friday, September 20, 2019 East, resulting in the Arab Spring. In the after- continue praying for our country, for our vet- Ms. WEXTON. Madam Speaker, I was on math of their success, Tunisians were in need erans, for our military men and women who the floor but missed the vote on H.R. 535, the of leadership while trying to form a new and protect us, and for our first responders who Department of Veteran Affairs Expiring Au- democratic form of government. In early 2011, keep us safe at home.

VerDate Sep 11 2014 01:23 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20SE8.012 E20SEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS Friday, September 20, 2019 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session and stands ad- No committee meetings were held. journed until 3 p.m., on Monday, September 23, 2019. h House of Representatives employees to keep and enforce union-negotiated pre- Chamber Action dispute mandatory binding arbitration agreements Public Bills and Resolutions Introduced: 28 pub- with employers or other unions, while the bill’s lic bills, H.R. 4429–4456; and 6 resolutions, H. other provisions abrogate non-union employees’ Res. 569–574 were introduced. Pages H7864–66 rights to keep and enforce their own agreements (by Additional Cosponsors: Page H7867 a recorded vote of 161 ayes to 253 noes, Roll No. Reports Filed: There were no reports filed today. 539). Pages H7849–50, H7851–52 H. Res. 558, the rule providing for consideration Journal: The House agreed to the Speaker’s approval of the bill (H.R. 1423) was agreed to Wednesday, of the Journal by voice vote. Pages H7839, H7853 September 18th. Forced Arbitration Injustice Repeal Act: The House passed H.R. 1423, to amend title 9 of the Meeting Hour: Agreed by unanimous consent that United States Code with respect to arbitration, by a when the House adjourns today, it adjourn to meet recorded vote of 225 ayes to 186 noes, Roll No. at 12 noon on Tuesday, September 24th for Morning Page H7857 540. Pages H7840–53 Hour debate. Pursuant to the Rule, it shall be in order to con- Member Resignation: Read a letter from Rep- sider as an original bill for the purpose of amend- resentative Duffy, wherein he resigned as Represent- ment under the five-minute rule an amendment in ative for the Seventh Congressional District of Wis- the nature of a substitute consisting of the text of consin, effective at 6 p.m. on Monday, September Rules Committee print 116–32 modified by the 23, 2019. Page H7864 amendment printed in part A of H. Rept. 116–210, in lieu of the amendment in the nature of a sub- Quorum Calls—Votes: Two recorded votes devel- stitute recommended by the Committee on the Judi- oped during the proceedings of today and appear on pages H7851–52 and H7852. There were no ciary now printed in the bill. Pages H7848–49 Agreed to: quorum calls. Fletcher amendment (No. 2 printed in part B of Adjournment: The House met at 9 a.m. and ad- H. Rept. 116–210) that clarifies that nothing in this journed at 12:48 p.m. act shall be construed to prohibit the use of arbitra- tion on a voluntary basis when consent is given after the dispute arises. Pages H7850–51, H7852 Rejected: Jordan amendment (No. 1 printed in part B of H. Rept. 116–210) that sought to strike from the bill safe-harbor provisions that allow unions and union D1044

VerDate Sep 11 2014 02:21 Sep 21, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20SE9.REC D20SEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST September 20, 2019 CONGRESSIONAL RECORD — DAILY DIGEST D1045 H.R. 4335, and H.R. 4344 were ordered reported, Committee Meetings as amended. BUILDING A 100 PERCENT CLEAN MEMBER DAY HEARING ECONOMY: SOLUTIONS FOR THE U.S. Committee on the Judiciary: Full Committee held a BUILDING SECTOR hearing entitled ‘‘Member Day Hearing’’. Testimony Committee on Energy and Commerce: Subcommittee on was heard from Chairman Takano, and Representa- Energy held a hearing entitled ‘‘Building a 100 Per- tives Judy Chu of California, Luria, Gallagher, cent Clean Economy: Solutions for the U.S. Building Gianforte, Newhouse, Hartzler, Haaland, Sector’’. Testimony was heard from public witnesses. Malinowski, King of Iowa, Quigley, Katko, Stivers, Marshall, and Roe of Tennessee. MISCELLANEOUS MEASURES CONFRONTING VIOLENT WHITE Committee on Financial Services: Full Committee con- SUPREMACY (PART III): ADDRESSING THE cluded a markup on H.R. 123, the ‘‘FHA Additional TRANSNATIONAL TERRORIST THREAT Credit Pilot Program Reauthorization Act’’; H.R. Committee on Oversight and Reform: Subcommittee on 132, the ‘‘North America Development Bank Im- National Security; and the Subcommittee on Civil provement Act of 2019’’; H.R. 4029, the ‘‘Tribal Rights and Civil Liberties held a joint hearing enti- Eligibility for Homeless Assistance Grants Act of tled ‘‘Confronting Violent White Supremacy (Part 2019’’; H.R. 4067, the ‘‘Financial Inclusion in III): Addressing the Transnational Terrorist Threat’’. Banking Act of 2019’’; H.R. 4242, the ‘‘Greater Ac- Testimony was heard from public witnesses. countability in Pay Act of 2019’’; H.R. 4300, the ‘‘Fostering Stable Housing Opportunities Act of 2019’’; H.R. 4302, the ‘‘Facilitating Access to Joint Meetings Homeless Assistance Act of 2019’’; H.R. 4328, the No joint committee meetings were held. ‘‘Protecting Innocent Consumers Affected by a Shut- f down Act’’; H.R. 4329, the ‘‘ESG Disclosure Sim- plification Act of 2019’’; H.R. 4344, to amend the COMMITTEE MEETINGS FOR MONDAY, Securities and Exchange Act of 1934 to allow for the SEPTEMBER 23, 2019 SEC to seek and Federal courts to grant restitution (Committee meetings are open unless otherwise indicated) to investors and disgorgement of unjust enrichment; H.R. 4335, the ‘‘8–K Trading Gap Act of 2019’’; Senate and H.R. 4320, the ‘‘Corporate Management Ac- No meetings/hearings scheduled. countability Act of 2019’’. H.R. 123, H.R. 132, H.R. 4029, H.R. 4067, H.R. 4242, H.R. 4300, House H.R. 4302, H.R. 4320, H.R. 4328, H.R. 4329, No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, September 23 12 noon, Tuesday, September 24

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday: To be announced. of the nomination of Brian McGuire, of New York, to be a Deputy Under Secretary of the Treasury, and vote on the motion to invoke cloture thereon at 5:30 p.m.

Extension of Remarks, as inserted in this issue

HOUSE Foster, Bill, Ill., E1189 Schiff, Adam B., Calif., E1187, E1188 Green, Mark E., Tenn., E1187 Serrano, Jose´ E., N.Y., E1191 Barr, Andy, Ky., E1191 Johnson, Eddie Bernice, Tex., E1190 Tlaib, Rashida, Mich., E1187, E1190 Beatty, Joyce, Ohio, E1192 Murphy, Stephanie M., Fla., E1188 Walden, Greg, Ore., E1187 DeFazio, Peter A., Ore., E1190 Panetta, Jimmy, Calif., E1187 Wexton, Jennifer, Va., E1192 DeLauro, Rosa L., Conn., E1189 Price, David E., N.C., E1188 Flores, Bill, Tex., E1189, E1190, E1192 Reed, Tom, N.Y., E1189, E1191

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