E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, TUESDAY, MAY 8, 2018 No. 74 House of Representatives The House met at 10 a.m. and was The reforms in the Every Student ney Lewis, a respected member of the called to order by the Speaker pro tem- Succeeds Act enable charter schools to Gila River Indian Community, a loving pore (Mr. MARSHALL). serve more students and allow States father, and a committed Arizonan who f to support new, high-quality charter made a career fighting for water rights schools to address the growing demand for Indian Tribes across the country. DESIGNATION OF SPEAKER PRO for these schools. And the demand is When he was a boy, Rod, as his TEMPORE high. Currently, 5 million students are friends called him, remembered watch- The SPEAKER pro tempore laid be- awaiting their chance to attend. Char- ing his family survive droughts that fore the House the following commu- ter schools offer American families the destroyed crops, and he would listen to nication from the Speaker: right to choose what environment is stories about the damming of the Gila best for their child. It is clear that par- River, which gave life to those who WASHINGTON, DC, lived in the region. May 8, 2018. ents and students want this choice Mr. Lewis served his country in the I hereby appoint the Honorable ROGER W. available to them, and they deserve to United States Army infantry, becom- MARSHALL to act as Speaker pro tempore on have it. this day. ing an Army Ranger and rising to the HONORING SEAN VESTAL rank of first lieutenant. After being PAUL D. RYAN, Ms. FOXX. Mr. Speaker, today I rise Speaker of the House of Representatives. honorably discharged, Rod went to law to recognize Sean Vestal of Winston- f school at the University of California, Salem, North Carolina. This year the Los Angeles, where his next chapter of MORNING-HOUR DEBATE North Carolina High School Athletic service began. According to his son, Association awarded Mr. Vestal the Governor Stephen Lewis, Rod came The SPEAKER pro tempore. Pursu- Homer Thompson Memorial Eight Who ant to the order of the House of Janu- home to serve his people, to bring back Make a Difference Award. This honor is that education, that legal expertise ary 8, 2018, the Chair will now recog- awarded each year to one coach from nize Members from lists submitted by that the community and many Tribes each region of the State for excellence did not have, which was something ex- the majority and minority leaders for in sportsmanship, dedication, and morning-hour debate. traordinary and very significant to the being a student role model. community—and, later on, to the en- The Chair will alternate recognition Known for his supportive relation- between the parties. All time shall be tire southwestern United States. ships with athletes and using the game For over 30 years, Rod not only equally allocated between the parties, to teach life lessons that go beyond the served as general counsel to his com- and in no event shall debate continue court, Mr. Vestal finished his career as munity, but he was also sought after beyond 11:50 a.m. Each Member, other North Forsyth’s head basketball coach across the country as a preeminent than the majority and minority leaders after 12 seasons to spend more time legal scholar on Tribal rights, water and the minority whip, shall be limited with his family. However, he continues and energy law, and Tribal gaming. He to 5 minutes. his dedication to students as the was the first Native American attorney f school’s athletic director. to argue and win a case before the NATIONAL CHARTER SCHOOLS Congratulations to Mr. Vestal in re- United States Supreme Court. He was WEEK ceiving the Eight Who Make a Dif- also the first Native American attor- ference Award. We are fortunate to ney to be admitted to the State bar The SPEAKER pro tempore. The have him as an example of sportsman- and to practice law in Arizona. Chair recognizes the gentlewoman from ship and an encouraging role model in One of Rod’s longest lasting accom- North Carolina (Ms. FOXX) for 5 min- North Carolina’s Fifth District. I wish plishments is the Arizona Water Set- utes. him success in his future endeavors. tlements Act, which was signed into Ms. FOXX. Mr. Speaker, this week is f law by President George W. Bush. He National Charter Schools Week. It is led the negotiations with the Federal my pleasure to celebrate alongside the HONORING RODNEY LEWIS Government, Arizona, and more than students who have benefited from these The SPEAKER pro tempore. The 30 non-Indian parties for settlement of innovative institutions. Charter Chair recognizes the gentleman from the community’s water rights and schools serve over 3 million students Arizona (Mr. O’HALLERAN) for 5 min- claims. The legislation set aside bil- nationwide, providing students in utes. lions of gallons of water for Arizona rural, urban, and suburban settings Mr. O’HALLERAN. Mr. Speaker, I Tribes and helped avoid lengthy law- with unique educational opportunities. rise today to honor the life of Mr. Rod- suits. It also helped settle the long-

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 23:36 May 08, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.000 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3786 CONGRESSIONAL RECORD — HOUSE May 8, 2018 lasting needs of water for the entire The club had numerous mentors and bill also includes several provisions southern region of Arizona. I had the community supporters who helped that will support wildlife conservation honor of working with Rod on impor- them to achieve this first-place inter- worldwide by authorizing a comprehen- tant water issues and saw firsthand national finish. This is especially im- sive international wildlife conservation what his knowledge and passion did for portant today, on National Teacher program within the U.S. Fish and Wild- his community and the State of Ari- Appreciation Day. This week we cele- life Service; also, stationing law en- zona. brate America’s hardworking, dedi- forcement and agency personnel in He and his wife, Willardene, met in cated, and passionate teachers, who in- wildlife trafficking-focused countries the first grade and raised a close-knit spire scores of students. To all of our identified by the State Department; and passionate family. According to teachers and mentors, especially those and providing dedicated funding for Governor Lewis, his mother and father who helped the Centre County 4–H Ro- wildlife, marine mammal, sea turtle, were the definition of soulmates. botics Club bring home gold at the and shark conservation at no expense My heart goes out to Willardene, FIRST Robotics Competition, we sa- to the taxpayers. Governor Lewis, John, Katherine, and lute you. I am especially pleased that our bill the whole community as they mourn Mr. Speaker, I wholeheartedly con- provides for marine wildlife species their loss and celebrate the legacy of a gratulate the Centre County 4–H Ro- which often go overlooked but are in- great man. botics Club on this outstanding creasingly targeted by poachers, traf- f achievement in Centre County, in the fickers, and illegal fishing. The bill Commonwealth of Pennsylvania, in the also expands the Marine Turtle Con- HONORING THE CENTRE COUNTY United States of America, and, quite servation Fund to make the U.S. terri- 4–H ROBOTICS CLUB frankly, in the world. Congratulations. tories eligible for funding and to pro- The SPEAKER pro tempore. The f vide for the conservation of endangered Chair recognizes the gentleman from freshwater turtles and tortoises. Many Pennsylvania (Mr. THOMPSON) for 5 WILDLIFE CONSERVATION AND of the world’s freshwater turtle and minutes. ANTI-TRAFFICKING tortoise species could become extinct Mr. THOMPSON of Pennsylvania. The SPEAKER pro tempore. The in the next few decades, and all sea tur- Mr. Speaker, I rise today to congratu- Chair recognizes the gentlewoman from tles found in our Nation’s territorial late the Centre County 4–H Robotics Guam (Ms. BORDALLO) for 5 minutes. waters are listed under the Endangered Club for winning the FIRST Robotics Ms. BORDALLO. Mr. Speaker, today Species Act. Competition and being the first Penn- I introduce the bipartisan Wildlife Con- U.S. territories are home to numer- sylvania team to capture the title. servation and Anti-Trafficking Act of ous marine turtle species, including The FIRST Robotics Competition is 2018. the endangered hawksbill and the an international high school robotics I want to first recognize my good green sea turtles native to Guam and competition. Each year, teams of high friend and Republican colead on this the western Pacific Ocean. Lastly, the school students, coaches, and mentors important legislation, Congressman bill builds upon the success of two laws work during a 6-week period to build DON YOUNG from Alaska, dean of the which I sponsored: the Shark Conserva- game-playing robots that weigh up to House and a longtime conservation tion Act of 2010 and the Illegal, Unre- 120 pounds. The Centre County 4–H Ro- leader. I want to thank him for his sup- ported, and Unregulated Fishing En- botics Club was 1 of 405 teams from 22 port as the original cosponsor. forcement Act of 2015. States and 7 countries to compete in I also want to thank the leading Together with Congressman YOUNG, the late-April event which was hosted wildlife and marine conservation, whis- we have put together a comprehensive at Ford Field in Detroit, Michigan. tleblower, and animal welfare groups bill that advances wildlife conservation Each team earned a spot in the con- that have endorsed the bill to date. The and continues American leadership in test based on competition performance Wildlife Conservation and Anti-Traf- tackling wildlife trafficking and the throughout the year. This year, the ficking Act will strengthen enforce- global trade in illegal wildlife and sea- Centre County 4–H Robotics Club ment against poachers, traffickers, and food products. And we do all this with earned its spot by winning its first re- the global trade in illegal wildlife and existing Federal resources, at no cost gional competition at the Greater seafood products. to the taxpayers. Pittsburgh Regional in March. The Wildlife trafficking; poaching; and il- I urge all Members of the House to championship entailed 10 rounds of legal, unreported, and unregulated fish- join me and Congressman YOUNG in co- qualification matches in six divisions. ing rank among the top global crimes, sponsoring the Wildlife Conservation The top eight teams in each division generating billions in illicit profits and Anti-Trafficking Act of 2018. drafted an alliance of four robots to each year for transnational criminal f compete in a single-elimination playoff organizations and extremist groups. In to determine the division champion, at tackling the global wildlife trafficking b 1015 which time the Centre County team trade as our bill does, Congress can TRIBUTE TO DR. JIMMY E. joined forces with Stryke Force from help to conserve iconic wildlife and cut JACKSON Kalamazoo, Michigan; Team Rush from off illicit financing for groups respon- The SPEAKER pro tempore. The Clarkston, Michigan; and Lake Effect sible for human rights abuses, political Chair recognizes the gentleman from Robotics from Kingston, Ontario. corruption, and even terrorism world- Alabama (Mr. BROOKS) for 5 minutes. Mr. Speaker, this is an amazing ac- wide. Mr. BROOKS of Alabama. Mr. Speak- complishment on many fronts. The Our bipartisan bill includes enforce- er, I rise today to recognize the 53-year Centre County 4–H Robotics Club has ment provisions passed by the House in pastoral career of Dr. Jimmy E. Jack- created state-of-the-art technology, November of 2015, by voice vote, which son, who is set to retire in early June. they have worked together with inter- will empower Federal prosecutors and I first met Dr. Jackson 38 years ago state and international peers to law enforcement to combat the global in 1980. Over those 38 years, I have achieve success, and they have built wildlife trafficking trade. Importantly, grown to very much appreciate and ad- long-lasting career skills. the bill also recognizes the critical role mire all that Dr. Jackson has done to I am incredibly proud of this club, that whistleblowers can play in pro- improve the physical and spiritual and I want to highlight each team viding the actionable intelligence need- lives of Tennessee Valley residents. member: Tom Sowers, Mary Davis, ed to prosecute wildlife poachers and Dr. Jackson has dedicated the last 40 Tate Geiger, Hannah Strouse, Petr take down trafficking rings. years of his pastoral service to the con- Esakov, James Hanagan, Nathan Tack, By incentivizing whistleblowers on gregation of Whitesburg Baptist Thad Valentine, Griffen Josephs, Roger wildlife trafficking and related crimes Church in Huntsville, Alabama. My Nagel, Emily Christensen, Zach Jester, to come forward, Congress can increase colleagues may recall when Dr. Jack- Lachlan Sneff, Isaiah Adu, Ben Servey, enforcement and leverage existing Fed- son served as a guest chaplain for the A.J. Marsala, Braydon Button, Alex eral agency resources and our legal House of Representatives in April of Mullen, Eli Johnson, and Lee Conklin. system at no cost to the taxpayers. Our 2015.

VerDate Sep 11 2014 23:36 May 08, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.002 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3787 Dr. Jackson’s walk with Christ began his three children: Brooke, Austin, and I pledge allegiance to the Flag of the on October 26, 1968. That day, Dr. Jack- Dakota. United States of America, and to the Repub- son made the solemn decision to accept Law enforcement personnel across lic for which it stands, one nation under God, Jesus Christ as his Savior and devote this country go to work every day to indivisible, with liberty and justice for all. his whole life to serving God. serve and protect our communities. f Dr. Jackson has said that he ‘‘knew These brave men and women risk ev- MOMENT OF SILENCE HONORING about Jesus before October 1968, but on erything to keep our cities and our THOSE KILLED OR WOUNDED IN that morning when I knew myself to be families safe and secure. Events like SERVICE TO OUR COUNTRY lost and turned to Jesus Christ in faith, these are somber reminders of what he- I was converted by the grace of God.’’ roes who stand on the thin blue line The SPEAKER. The Chair asks that Through 40 years at Whitesburg Bap- and their families sacrifice on our be- the House now observe a moment of si- tist, Dr. Jackson has remained com- half. lence in honor of those who have been killed or wounded in service to our mitted to leading people in the Rocket f City and Alabama to Christ and has country and all those who serve and been integral in the spiritual life of the RECESS their families. people of the Tennessee Valley. The SPEAKER pro tempore. Pursu- f Under Dr. Jackson’s leadership, ant to clause 12(a) of rule I, the Chair Whitesburg Baptist Church has grown declares the House in recess until noon APPOINTMENT OF CHAPLAIN OF to 7,100 members, making it one of the today. THE HOUSE OF REPRESENTATIVES largest and most successful churches in Accordingly (at 10 o’clock and 19 The SPEAKER. Pursuant to the pro- the Tennessee Valley. minutes a.m.), the House stood in re- visions of section 208(a) of the Legisla- In Matthew 28, verses 19 and 20, Jesus cess. tive Reorganization Act of 1946 (2 instructed his disciples to ‘‘therefore f U.S.C. 5501(a)), the Chair appoints Fa- go and make disciples of all nations, ther Patrick J. Conroy of the State of baptizing them in the name of the Fa- b 1200 Oregon to act as and to exercise tempo- ther and of the Son and of the Holy AFTER RECESS rarily the duties of Chaplain of the Spirit and teaching them to obey ev- House of Representatives, effective Fri- The recess having expired, the House erything I have commanded you. . . . ’’ day, May 25, 2018. was called to order by the Speaker at Dr. Jackson has lived this Great Com- Will Father Conroy please come for- noon. mission through his long pastoral ca- ward and take the oath of office. reer at Whitesburg Baptist and in our f Father Conroy appeared at the bar of community and the broader Christian PRAYER the House and took the oath of office, faith. as follows: In addition to presiding over The Chaplain, the Reverend Patrick J. Conroy, offered the following prayer: Do you solemnly swear that you will sup- Whitesburg Baptist Church, Dr. Jack- port and defend the Constitution of the son served in a number of distinguished Loving and gracious God, we give United States against all enemies, foreign capacities, including but not limited You thanks for giving us another day. and domestic; that you will bear true faith to: the executive committee of the Ala- Help us, this day, to draw closer to and allegiance to the same; that you take bama State Board of Missions, the ex- You, so that with Your spirit and this obligation freely, without any mental ecutive committee of the Southern aware of Your presence among us, we reservation or purpose of evasion; and that you will well and faithfully discharge the du- Baptist Convention, a trustee of South- may all face the tasks of this day. Bless the Members of the people’s ties of the office on which you are about to western Baptist Theological Seminary, enter, so help you God. and on the board of regents of the Uni- House. Help them to think clearly, versity of Mobile. speak confidently, and act coura- f geously in the belief that all noble I commend Dr. Jimmy Jackson on ANNOUNCEMENT BY THE SPEAKER his exceptional career and service to service is based upon patience, truth, The SPEAKER. The Chair will enter- God. I wish Dr. Jackson many years of and love. tain up to 15 requests for 1-minute happiness as he begins this new phase Earlier today, we remembered the speeches on each side of the aisle. of life with his bride of nearly 58 years, fallen heroes of our Capitol Police Bobbi; his children; his grandchildren; force: Sergeant Christopher Eney, De- f and his great-grandchildren. tective John Gibson, Officer Jacob Chestnut, and Sergeant Clinton Holtz. RECOGNIZING CASA FAMILIA f May their families be consoled know- (Ms. ROS-LEHTINEN asked and was HONORING OFFICER ROBERT ing that there is no greater love than given permission to address the House SHAWN PITTS OF THE TERRE to lay down one’s life for another. for 1 minute and to revise and extend HAUTE POLICE DEPARTMENT May all that is done this day be for her remarks.) The SPEAKER pro tempore. The Your greater honor and glory. Ms. ROS-LEHTINEN. Mr. Speaker, I Chair recognizes the gentleman from Amen. rise today to recognize Casa Familia, a Indiana (Mr. BUCSHON) for 5 minutes. f nonprofit organization in my congres- Mr. BUCSHON. Mr. Speaker, it is sional district dedicated to serving in- with a heavy heart that I rise today to THE JOURNAL dividuals with special needs. honor the life and service of Officer The SPEAKER. The Chair has exam- Casa Familia was founded by eight Robert Shawn Pitts of Terre Haute Po- ined the Journal of the last day’s pro- families with special needs children, lice Department, who was killed in the ceedings and announces to the House and I am proud to have known one of line of duty on Friday, May 4, 2018. his approval thereof. the founders, Lourdes Sanchez, for Officer Pitts was born in Vincennes, Pursuant to clause 1, rule I, the Jour- many, many years. They came to- Indiana, and dedicated his life to the nal stands approved. gether to solve a very real problem in security and protection of his commu- f south Florida: the lack of affordable, nity. He proudly served with the Terre quality housing for individuals with in- Haute Police Department for the past PLEDGE OF ALLEGIANCE tellectual and developmental disabil- 16 years and with the Sullivan Police The SPEAKER. Will the gentle- ities, or IDD. Department for 6 years prior to joining woman from Puerto Rico (Miss Sadly, close to 1 million Floridians the force in Terre Haute. He was also a GONZA´ LEZ-COLO´ N) come forward and are diagnosed with an intellectual or member of the Special Response Team lead the House in the Pledge of Alle- developmental disability and are un- and the U.S. Marshals Task Force. giance. able to live independently. That is I want to extend my deepest sym- Miss GONZA´ LEZ-COLO´ N of Puerto where Casa Familia comes in. This out- pathies and condolences to the family Rico led the Pledge of Allegiance as standing organization provides afford- and friends of Officer Pitts, especially follows: able housing solutions, vocational

VerDate Sep 11 2014 23:36 May 08, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.005 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3788 CONGRESSIONAL RECORD — HOUSE May 8, 2018 training, and employment services for In addition, President Obama author- by giving their comrades in arms the adults with IDD. ized a cash ransom of $1.7 billion to adequate resources and support to do Casa Familia is also planning an in- Iran to release five innocent Ameri- so. tegrated residential community that cans. This deal promoted Iran’s mone- God grant our fellow warriors rest, will offer a variety of recreational ac- tary support for terrorist groups and may His eternal light shine upon tivities and educational programs to Hezbollah, Hamas, and militias that them. ensure that residents continue to grow plant IEDs to murder Americans. f and develop. In conclusion, God bless our troops, NATIONAL TEACHER Mr. Speaker, I would like to thank and we will never forget September the APPRECIATION DAY everyone at Casa Familia for all that 11th in the global war on terrorism. they do to improve the lives of so many f (Mr. O’HALLERAN asked and was individuals and help them achieve given permission to address the House their full potential. HONORING THE LIFE OF FRANK for 1 minute and to revise and extend f MESIAH his remarks.) COMPLIANCE ASPECT OF (Mr. HIGGINS of New York asked and Mr. O’HALLERAN. Mr. Speaker, I NUCLEAR DEAL was given permission to address the rise today on National Teacher Appre- House for 1 minute.) ciation Day to praise the work of edu- (Ms. JACKSON LEE asked and was Mr. HIGGINS of New York. Mr. cators and school staff in Arizona and given permission to address the House Speaker, I rise today to honor the life across the Nation. These men and for 1 minute.) of my friend Frank Mesiah, the re- women are shaping the lives of our Ms. JACKSON LEE. Mr. Speaker, cently deceased former longtime presi- children and preparing them at every just a few years ago, there was serious dent of the Buffalo NAACP. educational level for a successful fu- deliberation, prayer, much review, the After serving in the United States ture. utilization of experts as the House of Armed Forces, Frank returned to Buf- I am married to a teacher, Mr. Representatives voted for the Iran deal falo in 1950, where he would serve in Speaker, and she and all teachers will of the P5+6. I remember extensive de- law enforcement and education and tell you that there is no such thing as liberations and the probing of experts would take on discrimination cases for a former teacher; they are educators on the compliance aspect of this nu- the State Department of Labor. for life. clear deal. Frank left an indelible mark on Buf- As I speak, the President has an- I am grateful for the teachers I have falo, dedicating his life to fighting dis- nounced a pullout—or will be announc- had over the years, and I am proud to crimination. Frank was a leader pas- ing such, I think—with drastic con- stand with Arizona and America’s sionately committed to positive sequences. It is certainly appropriate teachers as they demand adequate pay change. Frank was instrumental in the to look at bilateral agreements, but to for the important work they do. desegregation of Buffalo public schools Investing in education will spur eco- all that have reviewed, Iran is com- and the successful integration of the nomic growth, create jobs in commu- plying with this agreement. As we ap- Buffalo Police Department. nities across the country, and allow fu- proach North Korea, it will be baffling Western New York is grateful for ture generations to thrive. to them as we try to engage in a final Frank’s lifetime of tireless work to ad- Mr. Speaker, we must do more to agreement. This is not about campaign pledges vance the cause of justice and equality, support our schools, our educators, and or your dislike for the former Presi- the impact of which we and future gen- our students. dent of the United States. It is about erations will feel for years to come. f the safety and security of the world f LEGISLATION NEEDED FOR and the containment of nuclear prod- MOURNING THE LOSS OF PUERTO DIGITAL CURRENCY ucts and the utilization of such. RICO AIR NATIONAL GUARDSMEN (Mr. DAVIDSON asked and was given So I would argue that the Congress ´ ´ needs to stand up, make good on its (Miss GONZALEZ-COLON of Puerto permission to address the House for 1 commitments, protect the American Rico asked and was given permission to minute and to revise and extend his re- people and the world from nuclear ca- address the House for 1 minute and to marks.) tastrophe. revise and extend her remarks.) Mr. DAVIDSON. Mr. Speaker, I rise Miss GONZA´ LEZ-COLO´ N of Puerto today to discuss digital currency, par- f Rico. Mr. Speaker, last Wednesday, the ticularly initial coin offerings. THE IRAN NUCLEAR DEAL Puerto Rico Air National Guard trag- These innovations have outpaced reg- (Mr. WILSON of South Carolina ically lost nine of its finest near Sa- ulators and the courts. Now, regulators asked and was given permission to ad- vannah, Georgia. and courts are beginning to weigh in. dress the House for 1 minute and to re- The people of Puerto Rico, especially Meeting with agency officials and in- vise and extend his remarks.) the close-knit family of our Air Guard, dustry leaders makes one thing clear: Mr. WILSON of South Carolina. Mr. share the terrible pain and join in Making the markets work in the Speaker, as President Donald Trump is prayer for the families of Major Jose United States of America requires leg- set to make an announcement this Roman Rosado, Major Carlos Perez islative certainty. Failure for Congress afternoon regarding the failed nuclear Serra, First Lieutenant David to act produces uncertainty, and that agreement with Iran, I want to again Albandoz, Senior Master Sergeant Jan will drive capital and innovation off- express my continued opposition to Paravisini, Master Sergeant Jean shore. this deal and thank President Trump Audriffred, Master Sergeant Mario Our task is to answer questions like: for his determination. Brana, Master Sergeant Victor Colon, How are these tokens traded? Are they Prime Minister Benjamin Netanyahu Master Sergeant Eric Circuns, and Sen- securities or commodities? Who is the has revealed compelling revelations in ior Airman Roberto Espada, all fallen proper regulator? How do we prevent the last week of Iranian duplicity. This in the line of duty. fraud? These are just some of the ques- was a reckless and dangerous deal from Like all members of the Puerto Rico tions that need answers. the start. It never served the interests Air National Guard, they are an exam- Congress needs to act by passing leg- of American families, and it continues ple of the best in the long tradition of islation that creates certainty and to threaten the safety and security of Puerto Ricans in the U.S. Armed turns the United States into a market our allies, especially Israel. Forces. They risked and gave their maker. I intend to lead this legislation In just 7 years, there will be nothing lives like many others before them, for initial coin offerings to clarify the stopping the Iranian dictatorship from serving the Nation and a community role of regulators, protect consumers, constructing nuclear weapons as they that is shattered by their loss. We are address national security concerns, and chant ‘‘death to Israel, death to Amer- proud of their service. facilitate a pro-growth environment ica’’ while they oppress the Iranian As we mourn our heroes, let’s com- for businesses to raise capital here in people. mit ourselves to honor their sacrifice America.

VerDate Sep 11 2014 23:36 May 08, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.007 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3789 MAKE HEALTHCARE INSURANCE eral employees, retirees, and local and Company of the 3rd Battalion, 27th Ma- WORK State government officials who live in rines, where he was assigned as a ma- (Mr. KILDEE asked and was given the First District of Virginia. chine gunner. During Operation Allen permission to address the House for 1 The Federal workforce is full of dedi- Brook on May 17, 1968, Private Burke minute.) cated and committed citizens who ex- and his company came under intense Mr. KILDEE. Mr. Speaker, it was a emplify patriotism in everything they fire from the well-concealed North Vi- year ago this very day that Repub- do. I hope my colleagues will join me etnamese. With several of his fellow licans in this House voted to eliminate in honoring them for their service to marines wounded, Private Burke healthcare for millions of Americans, ensure the security of our Nation. spared no time. He immediately used something we knew at that point, if it f his machine gun to launch several one- man assaults against the enemy, allow- went through, would increase pre- NATIONAL TEACHER ing upwards of three dozen casualties miums on millions of other Americans APPRECIATION DAY that still had coverage. And after that to be evacuated. (Ms. PLASKETT asked and was given vote, they all boarded a bus and went He relentlessly delivered fire to the permission to address the House for 1 over to the White House for a big cele- enemy, even obtaining a casualty’s minute and to revise and extend her re- bration. rifle when his own malfunctioned. He marks.) Thankfully, that bill never became continued to advance in defense of his Ms. PLASKETT. Mr. Speaker, on Na- law, because had it become law, people brothers in arms until he was mortally tional Teacher Appreciation Day, I rise would not have been protected with wounded. to acknowledge the outstanding health insurance if they had a pre- No words of gratitude can properly achievements of Virgin Island teachers existing condition. There would have express how thankful the American and bring attention to the educational been a terrible age tax imposed on peo- people and the Congress are for Private crisis occurring in the U.S. Virgin Is- ple ages 50–64. It would have been a Burke’s selfless actions that saved the lands. massive step in the wrong direction. lives of so many. Private Burke gave Ms. Michaelrose Ravalier, a teacher Despite the fact that that legislation his life for his friends and for his coun- at Ivanna Eudora Kean High School, did not become law, we are still seeing try. He is the truest example of brav- represented the Virgin Islands at the premium increases because of the un- ery, and I am proud to honor him 2018 National Science Teachers Con- dermining of the law of the land. The today. ference and was awarded the Maitland Affordable Care Act has been under- f P. Simmons Memorial Award for New mined by the Trump administration Teachers. TRIBUTE TO DETECTIVE ELISE and by action by this Congress, and be- This is the first Virgin Islander to be YBARRA cause of that, we are seeing premium a recipient of this award, yet she and (Mr. ARRINGTON asked and was increases again. her incredible colleagues, including given permission to address the House Forever, we heard from the other side Margot Oyake and Alenia Buncome for 1 minute and to revise and extend criticisms of premium increases that Murraine of St. Thomas, and the other his remarks.) were more in line with inflation in St. Croix teachers, do not have ade- Mr. ARRINGTON. Mr. Speaker, I rise healthcare. Now, in Michigan, we see a quate funding to support their duties. today to pay tribute to the life, serv- 28-percent increase under this adminis- The Virgin Islands Department of Edu- ice, and legacy of Abilene Police De- tration. Where is the outrage? cation reported nearly 150 personnel partment detective, Elise Ybarra. We ought to work together to fix the vacancies and 12 shuttered schools fol- Detective Ybarra was tragically problem. The Affordable Care Act is lowing the hurricanes last year. Virgin killed last August en route to a con- not perfect. I am the first to admit it. Island students attend school in 4-hour ference focused on her life’s work: Let’s stop undermining the law and shifts each day. fighting crimes against children. She make it work. I urge my colleagues to work with was just days shy of her 33rd birthday f me to ensure the educational system of and left behind a loving husband and a b 1215 the Virgin Islands receives the nec- 10-month-old daughter. Elise Ybarra essary funding to allow students to represented the best of west Texas in PUBLIC SERVICE RECOGNITION learn and prosper. The best way to sup- her service and sacrifice for our com- WEEK port our teachers is by giving them the munity. (Mr. WITTMAN asked and was given resources they need to teach our chil- The Bible teaches us that, even in permission to address the House for 1 dren. the most trying of times, the light minute and to revise and extend his re- Take time today to thank every shines in the darkness, and the dark- marks.) teacher who supports our children. ness shall not overcome it. By carving Mr. WITTMAN. Mr. Speaker, today, I f Elise’s name into the National Law En- rise to recognize our Nation’s public forcement Officers Memorial, we en- HONORING PRIVATE FIRST CLASS servants and to thank them for their sure that her light will continue to ROBERT BURKE important contributions to our coun- shine, a beacon of valor for our entire try. (Mr. RODNEY DAVIS of Illinois Nation to see. In every community across America, asked and was given permission to ad- To her husband, Adam: God’s peace Federal employees work to make sure dress the House for 1 minute and to re- and comfort to you, brother. To baby, our government is effective and keeps vise and extend his remarks.) Noelle: May your mom’s strength and us safe. Their daily contributions to Mr. RODNEY DAVIS of Illinois. Mr. courage live on in you. their fellow citizens, and to the cause Speaker, I rise today to commemorate f of freedom, are simply immeasurable. Private First Class Robert Burke from In America’s First District, there are the United States Marine Corps, who VICTORY IN EUROPE DAY many hardworking and dedicated patri- gave the ultimate sacrifice 50 years ago (Mr. THOMPSON of Pennsylvania ots who serve the people of this Nation during Operation Allen Brook in Le asked and was given permission to ad- every day. Nam, Vietnam. For his bravery, he was dress the House for 1 minute and to re- As we celebrate Public Service Rec- awarded the Congressional Medal of vise and extend his remarks.) ognition Week, which started on Sun- Honor. At the age of 18, he is the Mr. THOMPSON of Pennsylvania. day, May 6, and ends on Saturday, May youngest Medal of Honor recipient Mr. Speaker, 73 years ago, Nazi Ger- 12, I want to express my utmost grati- from the Vietnam war. many’s forces formally surrendered, tude to the country’s Federal employ- Private Burke enlisted in the U.S. marking the end of World War II in Eu- ees, as well as our dedicated State, Marines in 1967, while he was still a rope. county, and local public servants for student at Monticello High School in Today, we commemorate Victory in their tireless service. I am proud to Piatt County, Illinois. He was sent to Europe Day, or VE Day. Celebrations represent the tens of thousands of Fed- the Republic of Vietnam with India erupted throughout the world on May

VerDate Sep 11 2014 23:36 May 08, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.009 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3790 CONGRESSIONAL RECORD — HOUSE May 8, 2018 8, 1945, to mark the end of the Second separately debatable for the time specified in The first proposal we will consider World War in Europe. the report equally divided and controlled by today is the Citizens’ Right to Know From Paris to London to New York the proponent and an opponent, and shall not Act of 2018. This piece of legislation, of- and in small towns everywhere, people be subject to a demand for division of the fered by my friend and colleague from question; and (3) one motion to recommit poured into the streets to join the rev- with or without instructions. Texas, Judge TED POE, will bring elry. SEC. 2. Upon adoption of this resolution it much-needed sunlight to the Federal Old photos showed ticker tape pa- shall be in order to consider in the House the pretrial services programs. rades and streamers galore, exciting bill (H.R. 2152) to require States and units of We will also consider legislation of- and proud crowds were cheering the local government receiving funds under fered by my fellow Judiciary Com- German surrender. grant programs operated by the Department mittee member, Representative HAN- The war was over in Europe, and so of Justice, which use such funds for pretrial DEL from Georgia, which ensures com- many American GIs would return home services programs, to submit to the Attorney panies entering into merger pro- General a report relating to such program, to be with their loved ones. and for other purposes. All points of order ceedings will receive equal treatment, It would take another 4 months and against consideration of the bill are waived. whether their case is reviewed by the the use of two atomic bombs before The amendment in the nature of a substitute Department of Justice or the Federal Japan surrendered and World War II recommended by the Committee on the Judi- Trade Commission. ended for good. ciary now printed in the bill shall be consid- Finally, the House will consider a Mr. Speaker, the end of the war in ered as adopted. The bill, as amended, shall joint resolution that will repeal the Europe meant an end to nearly 6 years be considered as read. All points of order Consumer Financial Protection Bu- of war—a war that cost millions of against provisions in the bill, as amended, reau’s burdensome guidance on indirect are waived. The previous question shall be auto lending. Senator MORAN’s legisla- lives; a war that destroyed homes, fam- considered as ordered on the bill, as amend- ilies, and cities; but a war that ed, and on any further amendment thereto, tion previously passed the Senate 51–47 stamped out hatred and bigotry for the to final passage without intervening motion on March 22, 2018. President Trump has greater good. except: (1) one hour of debate equally divided also signaled his support for this legis- VE Day is one that shall never be for- and controlled by the chair and ranking mi- lation. gotten. nority member of the Committee on the Ju- The rule makes in order one amend- diciary; and (2) one motion to recommit with f ment to the Standard Merger and Ac- or without instructions. quisition Reviews Through Equal MESSAGES FROM THE PRESIDENT SEC. 3. Upon adoption of this resolution it Rules, or SMARTER, Act. shall be in order to consider in the House the Messages in writing from the Presi- joint resolution (S.J. Res. 57) providing for Why? dent of the United States were commu- congressional disapproval under chapter 8 of Because all other amendments of- nicated to the House by Ms. Mariel title 5, United States Code, of the rule sub- fered were not germane to the subject Ridgway, one of his secretaries. mitted by Bureau of Consumer Financial matter being discussed in these impor- Protection relating to ‘‘Indirect Auto Lend- tant pieces of legislation. f ing and Compliance with the Equal Credit Mr. Speaker, today, we have an op- PROVIDING FOR CONSIDERATION Opportunity Act’’. All points of order portunity to debate a crucial compo- OF H.R. 5645, STANDARD MERGER against consideration of the joint resolution nent of the criminal justice system: AND ACQUISITION REVIEWS are waived. The joint resolution shall be con- federal pretrial release programs. Be- THROUGH EQUAL RULES ACT OF sidered as read. All points of order against provisions in the joint resolution are waived. fore the 1960s, defendants had three op- 2018; PROVIDING FOR CONSIDER- The previous question shall be considered as tions to be released prior to trial. Indi- ATION OF H.R. 2152, CITIZENS’ ordered on the joint resolution and on any viduals were either released upon one’s RIGHT TO KNOW ACT OF 2018; amendment thereto to final passage without own recognizance, or if they posted AND PROVIDING FOR CONSIDER- intervening motion except: (1) one hour of commercial bail, or the individual ATION OF S.J. RES. 57, PRO- debate equally divided and controlled by the would remain in prison until his or her VIDING FOR CONGRESSIONAL chair and ranking minority member of the hearing date. DISAPPROVAL OF A RULE SUB- Committee on Financial Services; and (2) However, in the 1960s, the Johnson one motion to commit. MITTED BY BUREAU OF CON- administration established a fourth op- SUMER FINANCIAL PROTECTION The SPEAKER pro tempore (Mr. tion: pretrial services programs. These LAMBORN). The gentleman from Colo- programs were originally intended to Mr. BUCK. Mr. Speaker, by direction rado is recognized for 1 hour. of the Committee on Rules, I call up assist nonviolent, indigent individuals Mr. BUCK. Mr. Speaker, for the pur- who did not possess the means to post House Resolution 872 and ask for its pose of debate only, I yield the cus- immediate consideration. commercial bail. The program cap- tomary 30 minutes to my friend, the tured information about the alleged of- The Clerk read the resolution, as fol- gentlewoman from California (Mrs. lows: fender’s community ties and released TORRES), pending which I yield myself low-risk individuals without financial H. RES. 872 such time as I may consume. During obligations. The program only required Resolved, That upon adoption of this reso- consideration of this resolution, all a signature and a promise to appear in lution it shall be in order to consider in the time yielded is for the purpose of de- court. House the bill (H.R. 5645) to amend the Clay- bate only. ton Act and the Federal Trade Commission While pretrial release programs were Act to provide that the Federal Trade Com- GENERAL LEAVE created to serve those individuals who mission shall exercise authority with respect Mr. BUCK. Mr. Speaker, I ask unani- do not pose a threat to the community to mergers only under the Clayton Act and mous consent that all Members have 5 and could not afford to post commer- only in the same procedural manner as the legislative days to revise and extend cial bail, these taxpayer-funded pro- Attorney General exercises such authority. their remarks. grams have quickly expanded and over- All points of order against consideration of The SPEAKER pro tempore. Is there grown their original intent. the bill are waived. The bill shall be consid- objection to the request of the gen- ered as read. All points of order against pro- Today, more than 300 pretrial release visions in the bill are waived. The previous tleman from Colorado? programs exist across the United question shall be considered as ordered on There was no objection. States. These programs are being used the bill and on any amendment thereto to Mr. BUCK. Mr. Speaker, I rise today to slowly eliminate a successful service final passage without intervening motion ex- in support of the rule and the under- that operates independently of Federal cept: (1) one hour of debate equally divided lying legislation. tax dollars: the commercial bail sys- and controlled by the chair and ranking mi- The rule makes in order two bills re- tem. nority member of the Committee on the Ju- ported favorably by the Judiciary Com- In fact, a number of major cities diciary; (2) the amendment printed in the re- mittee and a Senate joint resolution across the country are exploring the port of the Committee on Rules accom- panying this resolution, if offered by the that gives this House an opportunity to potential of moving completely to a Member designated in the report, which shall utilize the Congressional Review Act to pretrial release system while signifi- be in order without intervention of any point repeal the CFPB’s onerous regulation cantly reducing the use of commercial of order, shall be considered as read, shall be on indirect auto lenders. bail.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.011 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3791 However, the problem with this ex- taxpayer dollars we spend annually on a resolution of disapproval under the pansion and these federally funded pre- those programs are being utilized in Congressional Review Act that would trial release programs is that they the best way possible. overturn the CFPB’s onerous regula- allow violent individuals and repeat of- We owe it to our constituents to tion of the indirect auto lending indus- fenders to participate even when many make sure that we know how their try. In fact, despite being expressly of these defendants are perfectly capa- hard-earned money is being spent. It is prohibited from overseeing auto deal- ble of posting a commercial bond and about time that we brought a little ers in the Dodd-Frank financial reform have previously done so. sunlight to these programs that allow law, the CFPB promulgated and issued Offenders are not required to post potentially violent offenders to go free guidance regulating the indirect auto any collateral for their release. There in our communities. lending industry. is no supervision to ensure that they Mr. Speaker, the Judiciary Com- To make matters worse, the CFPB show up in court on their hearing date. mittee also moved an important piece tried to disguise this harmful regula- Worst of all, there is no incentive to of legislation that will bring parity to tion by issuing it in the form of a guid- prevent a criminal from committing the merger and acquisition process no ance document, which does not need to another crime in the meantime. matter which Federal agency takes go through the typical notice and com- If you have ever watched an episode charge of the antitrust review process. ment process. This arduous regulatory of the popular television show ‘‘Dog Currently, both the Federal Trade scheme sought to disrupt third-party the Bounty Hunter,’’ you know that Commission and Antitrust Division of lending, especially from small commu- this is not how the commercial bail the Department of Justice have au- nity banks and credit unions in the system works. These professionals en- thority to enforce section 7 of the Clay- auto loan market. The CFPB did so by sure that defendants show up for trial ton Act, which prohibits mergers and issuing guidance stating that, in order on the correct date, or they will phys- acquisitions that could undermine to avoid liability under the Equal Cred- ically bring the individual in question competition in the marketplace or cre- it Opportunity Act, institutions with ate a monopoly. Both agencies receive to the courthouse for their hearing. indirect lending relationships with notice of proposed mergers and are b 1230 auto dealers must either place controls given an opportunity to review the on dealer compensation or forbid deal- transaction, while only one agency On top of these issues, federally fund- ers from offering a marked-up rate on ends up taking custody of the trans- ed pretrial release programs are not re- loans. quired to report to the Department of action. The CFPB overstepped its statutory However, the FTC and DOJ maintain Justice any information regarding an authority once again in what the agen- different standards when seeking a pre- offender’s past criminal history, utili- cy described as an attempt to reduce liminary injunction against a proposed zation of the pretrial release program, discrimination in the marketplace. merger. This disparity manifests itself failure to appear before a court, and However, as Chairman HENSARLING tes- in multiple ways. However, one main any other relevant compliance data. A tified before the Rules Committee yes- difference is that the DOJ will often judge is essentially releasing poten- terday, the House sent 13 letters to the seek both a preliminary and permanent tially dangerous individuals back into CFPB questioning the rationale for the the community with so little as a wink injunction before a district court, while the FTC has fought against this rule and science the agency used to de- and a promise that they will appear in termine that there was discrimination court. consolidation of injunctions. That means that two separate Federal agen- occurring in the marketplace. Not sur- We cannot allow this practice to con- prisingly, the CFPB could not point to tinue. Mr. Speaker, our constituents cies with two different legal standards oversee the merger process without sound science that led to this decision. deserve to know whether their tax dol- In fact, new evidence shows that the lars are being spent responsibly. any clear guidance determining which agency and standard will be used to ex- CFPB’s expected outcomes could be off Judge POE’s bill, the Citizens’ Right by as much as 20 percent. to Know Act, will address these signifi- amine the transaction. Mr. Speaker, we cannot continue fos- To make matters worse, Chairman cant concerns by ensuring that the De- tering this double standard sur- HENSARLING also testified that this partment of Justice and Congress have rounding merger and acquisition re- rule is expected to increase the per per- the information we need to determine view. Businesses need certainty before son cost of purchasing an automobile whether these programs that receive attempting to enter into major trans- by $586 per loan. I know that in eastern millions of dollars from the Federal actions, and Federal regulatory bodies Colorado, $586 makes a big difference. Government are operating effectively. must be as transparent as possible That is the difference between being The legislation requires the Attorney when making decisions that can create able to put money aside for taking a General to submit a report to Congress major ripples in the country’s econ- family vacation or making much-need- annually that includes information re- omy. ed home repairs. garding each defendant participating Representative HANDEL’s bill, the This guidance has only resulted in re- in a pretrial release program. The re- SMARTER Act, gives businesses cer- moving options from consumers, reduc- port will include the individual’s name, tainty about how their merger will be ing the ability to find affordable auto each occasion the individual failed to reviewed before entering into a major financing, and setting a dangerous appear for court, and the individual’s deal. This important piece of legisla- precedent in how to dance around Fed- previous arrest record. tion harmonizes the Federal antitrust eral rulemaking processes. Additionally, this proposal ensures review process by ensuring mergers and Mr. Speaker, it is time that this Con- that local jurisdictions will submit re- acquisitions will be treated identically gress takes steps to rein in the CFPB’s quired data to the Department of Jus- no matter what Federal regulatory unaccountable, overbroad regulatory tice by establishing that any failure to agency reviews the transaction. This powers. One agency should not have produce this report will result in for- bill will treat businesses in a way that the ability to significantly curtail an feiture of a portion of the jurisdiction’s will encourage continued economic entire facet of the lending market. Ad- Federal grant funds for the following growth, build market stability, and en- ditionally, no agency should be able to year. sure the review process will be the skirt formal rulemaking procedures Mr. Speaker, this bill is a good gov- same no matter which Federal agency when issuing guidance of this mag- ernment solution that will provide reviews the transaction. nitude. much-needed oversight for pretrial Mr. Speaker, while we are debating The CFPB’s indirect auto lending services programs and give commu- the topic of financial stability and eco- rules create an unworkable situation nities an incentive to ensure we are not nomic growth, we are also here to dis- where an independent agency, manned allowing violent repeat offenders back cuss an important piece of legislation by unaccountable bureaucrats, fla- on the streets without the correct level the Senate recently passed and we will grantly ignored Federal statute to do of supervision. consider on the House floor this week. what it thinks is best for the American Finally, this important legislation The House will debate S.J. Res. 57, people. Instead of benefiting the Amer- will also ensure that the millions of Senator MORAN’s legislation that offers ican people, though, this guidance

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This legislation undermines ask the Republican Senator from Flor- Congress must take this opportunity the independence of the FTC and un- ida, MARCO RUBIO, who said in a recent to overturn a detrimental guidance dercuts the congressional intent and interview: ‘‘There is still a lot of think- that is not only circumventing the rule purpose for the agency’s creation. ing on the right that, if big corpora- of law by disguising new regulations in There are far more important issues tions are happy, they’re going to take an effort to draw less scrutiny, but is under the jurisdiction of the Judiciary the money they’re saving and reinvest also raising rates and providing fewer Committee that we should be consid- in American workers. In fact, they choices for consumers. ering instead, including bipartisan gun bought back shares; a few gave out bo- This resolution of disapproval will safety measures and legislation to pro- nuses; there’s no evidence whatsoever accomplish all of these goals. The leg- tect Dreamers. However, instead of that money’s been massively poured islation, which recently passed in the considering these very important back into the American worker.’’ Senate 51–47, will utilize the Congres- issues facing our Nation, we are debat- All this Republican majority seems sional Review Act process to overturn ing a bill to make technical changes to intent on doing is bringing up bills the CFPB’s guidance while also sending antitrust laws that, if enacted, would that benefit large banks and big busi- a clear message that agencies should only be used in exceedingly rare situa- nesses. When are we going to do some- not be circumventing congressional tions. thing for workers? oversight. Finally, the third legislation in- As we toil on rolling back the Wall Mr. Speaker, I reserve the balance of cluded in this rule is S.J. Res. 57, a Street regulations and cutting taxes my time. Congressional Review Act disapproval for the richest corporations, the 21st Mrs. TORRES. Mr. Speaker, I thank resolution of a CFPB rule relating to century economy is changing. Mr. the gentleman from Colorado (Mr. ‘‘Indirect Auto Lending and Compli- Speaker, over the next decade, approxi- BUCK) for yielding me the customary 30 ance with the Equal Credit Oppor- mately 45 percent of all jobs will be in minutes, and I yield myself such time tunity Act.’’ Unlike the other two bills middle-skill occupations, which require as I may consume. included in this rule, this joint resolu- more than a high school diploma but Mr. Speaker, last week, many of us tion hasn’t seen a single hearing or less than a bachelor’s degree. Reg- spent our time in the district working, markup in the House. istered apprenticeship programs are a meeting with our constituents, seeing If the majority is fine with bringing vital element of training for these mid- the good work that people are doing, up legislation that has yet to have a dle-skill occupations and helping indi- and learning what issues people want hearing, why not bring up the Dream viduals contribute to an effective us to take up when we return to voting. Act? workforce. I wish I were before you lauding the Two weeks ago, I spoke about some A highly skilled workforce is nec- majority’s leadership for finally taking of the more important issues our con- essary to compete in today’s global up the most important and pressing stituents care about, and nothing economy, but this Republican majority work for our constituents, but, unfor- about my time back home in California has given working Americans a raw tunately, that is not the case. Instead, changed my beliefs of what we should deal instead of extending a helping this rule brings three bills to the floor, be working on. In fact, over the past 2 hand. Luckily for my Republican col- three bills none of my constituents weeks, we have seen even more Mem- leagues, today we will give them an op- have been pleading for, three bills that bers sign on to Representative portunity to vote on legislation that don’t require immediate action, bills DENHAM’s Queen of the Hill resolution. will actually benefit American workers that may not even see Senate consider- Three more Members of the majority and finally help them get a better deal. ation. now support an open process. Mr. Speaker, if we defeat the pre- Last year, this majority set the For those who may not understand vious question, I will offer an amend- record for the most closed rules in a what Queen of the Hill means, it is ment to the rule to bring up Represent- session, and it seems that nothing has really quite simple: let the best idea ative POCAN’s LEARNS Act, H.R. 2933, changed. win. which would promote effective reg- The first bill considered in this rule If Speaker RYAN allows us, Queen of istered apprenticeships that would give is H.R. 2152, the Citizens’ Right to the Hill would give all the competing students and workers the skills they Know Act. While I understand the goal immigration proposals in Congress a need to find well-paying jobs. of this legislation, by attempting to vote on the floor. All of us would have Mr. Speaker, I ask unanimous con- improve the pretrial services programs an opportunity to vote on the four sent to insert the text of my amend- to keep dangerous criminals off the most well-known proposals: the Dream ment in the RECORD, along with extra- streets, this bill fails to accomplish the Act, Chairman GOODLATTE’s bill, the neous material, immediately prior to real need to improve how our Nation’s USA Act, and any other bill the Speak- the vote on the previous question. flawed bail systems operate. While this er sees fit for a vote. This is how the The SPEAKER pro tempore. Is there bill received a markup, it received no House should work: an open process objection to the request of the gentle- hearings and was reported out of the where we take up the most important woman from California? Judiciary Committee on a straight issues of the day. There was no objection. party-line vote. Surely, we can do bet- Mr. Speaker, I urge my colleagues to Mrs. TORRES. Mr. Speaker, I reserve ter than this. oppose the rule we have before us. the balance of my time. The second bill we are considering is I reserve the balance of my time. Mr. BUCK. Mr. Speaker, I yield 5 H.R. 5645, the Standard Merger and Ac- Mr. BUCK. Mr. Speaker, I reserve the minutes to the gentleman from New quisition Reviews Through Equal Rules balance of my time. York (Mr. ZELDIN). Act, or SMARTER Act. Quite simply, Mr. ZELDIN. Mr. Speaker, I rise in this bill aims to weaken the Federal b 1245 support of this rule for an important Trade Commission’s ability to carry Mrs. TORRES. Mr. Speaker, I yield resolution, S.J. Res. 57. I proudly spon- out the agency’s antitrust responsibil- myself such time as I may consume. sor the House companion legislation to ities. Mr. Speaker, my Republican friends this Congressional Review Act resolu- Maybe things are different elsewhere like to claim that their tax scam bill tion to repeal ill-founded guidance in the country, but I have not had one they jammed through Congress last issued by the Consumer Financial Pro- constituent call my office complaining year, skewing all the benefits to the tection Bureau relating to the dealer- about the need to weaken the FTC’s wealthy and rich corporations, is some directed auto lending market. antitrust enforcement abilities. No. sort of panacea that will eventually Mr. Speaker, only to a group of unac- People in southern California are more trickle down all of its benefits to countable bureaucrats in Washington, concerned about good wages, finding American workers, curing all the ills in D.C., would it make sense to raise the

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.015 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3793 cost of lending for some of the most Federal agencies are barred from AMERICAN CIVIL LIBERTIES UNION, vulnerable consumers while, at the issuing a similar regulation in the fu- Washington, DC, March 7, 2018. same time, claiming you are doing this ture. Through this resolution, we can Re ACLU Opposes H.R. 2152, the Citizens’ edict to help them. assure that this Warren-Cordray- Right to Know Act of 2017. The indirect auto lending market, Obama attack on automobile dealer- Hon. BOB GOODLATTE, also known as dealer-directed financ- ships and their customers will never be Chairman, Committee on the Judiciary, Washington, DC. ing, is loans offered to car buyers in revived by a future administration. Hon. JERROLD NADLER, the dealership where they are pur- Just 2 years ago, a similar measure Ranking Member, Committee on the Judiciary, chasing the vehicle, as opposed to di- to rein in a flawed CFPB ruling passed Washington, DC. rect auto loans which consumers get DEAR CHAIRMAN GOODLATTE AND RANKING this Chamber with overwhelming bi- from banks or other financial institu- MEMBER NADLER: On behalf of the American tions. partisan support. I hope this continues Civil Liberties Union (ACLU), we write to ex- Dealer-directed financing is an im- to be a priority on both sides of the press our opposition to H.R. 2152, the Citi- portant option for consumers and pro- aisle, and I urge all of my colleagues to zens’ Right to Know Act of 2017,’’ as the House Judiciary Committee considers this vides them and the dealership they are support this rule. bill. This legislation raises privacy concerns purchasing the vehicle from with the Mrs. TORRES. Mr. Speaker, I yield for the ACLU given the personally identifi- flexibility to meet a consumer’s needs myself such time as I may consume. able data that is to be collected and publicly based on their budget and credit score. reported by the federal government. The bill In 2013, in an attempt to shut down As I mentioned, this rule includes also undermines efforts to eliminate or re- this market, the Consumer Financial three bills. One of those is H.R. 2152, duce jurisdictions’ reliance on money bail Protection Bureau, under the leader- the Citizens’ Right to Know Act. The systems. We urge the Committee to instead consider H.R. 1437, the ‘‘No Money Bail Act ship of Richard Cordray, issued this Citizens’ Right to Know Act fails to ad- flawed guidance based on questionable of 2017,’’ and H.R. 4019, the bipartisan ‘‘Pre- dress the real problems in our Nation’s trial Integrity and Safety Act of 2017,’’ two ‘‘disparate impact’’ statistics. To jus- bail system and, instead, threatens to bills endorsed by the ACLU. tify this illegal and secretive edict, the make things much, much worse. For nearly 100 years, the ACLU has been CFPB falsely accused honest auto- our nation’s guardian of liberty, working in mobile dealerships and the financial in- I don’t think many of us disagree courts, legislatures, and communities to de- stitutions they work with of unproven with the need to assist our local gov- fend and preserve the individual rights and violations of fair lending practices. ernments in keeping dangerous crimi- liberties that the Constitution and the laws The CFPB, through its own admis- nals off the streets while respecting the of the United States guarantee everyone in this country. The ACLU takes up the tough- sion, noted a 20 percent error rate in rights of those who may be innocent of est civil liberties cases and issues to defend its data, and an independent audit of crimes and have yet to have had their all people from government abuse and over- the data used to justify this ruling day in court. This legislation makes reach. With more than two million members, showed an error rate as high as 41 per- things worse. It threatens Federal as- activists, and supporters, the ACLU is a na- tionwide organization that fights tirelessly cent. sistance and would encourage local If the CFPB had followed the law, in all 50 states, Puerto Rico, and Wash- most notably, the Administrative Pro- governments to lean more on high bail ington, DC, for the principle that every indi- cedure Act, which requires public no- demands. vidual’s rights must be protected equally tice and comment on any pending regu- Unlike many bipartisan proposals in under the law, regardless of race, religion, gender, sexual orientation, disability, or na- lations, they could have been held ac- Congress which seek to make real im- tional origin. The Citizens’ Right to Know countable for their use of deeply flawed provements to bail, this bill will likely Act is inconsistent with the ACLU’s mission. data to justify a questionable regula- result in more low-income individuals THE CITIZENS’ RIGHT TO KNOW ACT RAISES tion. To get around the law, however, being kept in jail simply because they PRIVACY CONCERNS the CFPB issued the ruling as ‘‘guid- aren’t one of the fortunate who can af- The Citizens’ Right to Know Act requires ance,’’ but then proceeded to enforce ford to pay bail. This is a real issue in jurisdictions receiving funds from the De- this mandate as a Federal regulation. partment of Justice (DOJ) to report to the southern California and why I have Through this flawed attempt to take Attorney General the names, arrest records, control of the $1.1 trillion auto lending worked with my colleagues on legisla- and appearance failures for those partici- market by effectively barring dealer- tion to implement ‘‘ability-to-pay’’ pating in DOJ funded pretrial services pro- rules to bail demands. Your income grams. The legislation allows the Attorney directed financing, this Obama-era General to make public the names, arrest CFPB ruling could raise the cost of shouldn’t determine your freedom. records, and failure appearances that juris- auto loans by nearly $600 for each con- In our community, bail was so exces- dictions report. Except for a clause that sub- sumer. sive that private companies found a jects the data ‘‘to any applicable confiden- Let’s be absolutely clear: discrimina- way to get rich off people who couldn’t tiality requirements,’’ the bill does not pro- tion of any kind, whether in lending, vide any explicit privacy protections for afford to pay the high costs. We ended housing, or other financial services, is those whose personally identifiable informa- up with people stuck in permanent con- morally repugnant and also very illegal tion has been collected by the federal gov- ernment and is subject to public release. The under various Federal and State laws, tracts, paying hundreds of dollars a month to companies that found ways bill requires that the Attorney General pe- including the Equal Credit Opportunity nalize noncompliant jurisdictions by denying Act, or ECOA. to skirt the rules of bail bondsmen. them 100% of the DOJ grant program funds But what is also very wrong and ille- We support greater transparency in that are used to support pretrial services gal is when a rogue Federal agency our criminal justice system; however, programs. sidesteps the law and common sense by While the ACLU appreciates the need for this bill falls short of that goal. Rather the federal government to collect and report creating a false claim of unfair lending than shedding the light on our trial practices with zero proof, trans- data, personal privacy interests must be bal- system, this bill undermines Ameri- anced with public interests. When personally parency, or accountability. identifiable information is being collected Mr. Speaker, I strongly support the cans’ privacy rights and exposes de- fendants to vulnerability. and publicly reported, the ACLU largely be- hard work of Director Mulvaney in lieves that such information should be ob- undoing so much of the damage caused The American Civil Liberties Union, tained and disseminated only with individ- by his predecessor, but it is critical we ACLU, has come out in strong opposi- uals’ informed consent. We also believe that assist him by changing the law. tion to this bill, citing privacy con- the potential to harm individual reputations should be considered when arrest records are Through passage of this resolution, cerns due to the personally identifiable Congress will use its Article I powers publicly shared. We are troubled that the information that will be collected and Citizens’ Right to Know Act would collect and our authority under the Congres- publicly reported by the Federal Gov- and publicly report personally identifiable sional Review Act to strike down this ernment. information of individuals participating in flawed regulation. pretrial services programs—individuals who Once a regulation is repealed through Mr. Speaker, I include in the RECORD have not been convicted of a crime given passage of a CRA resolution into law, the text of the ACLU’s position letter. their pretrial status.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.016 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3794 CONGRESSIONAL RECORD — HOUSE May 8, 2018 THE CITIZENS’ RIGHT TO KNOW ACT UNDERMINES ingly lifetime contracts of monthly tive registered apprenticeships, for skills, BAIL REFORM EFFORTS fees. credentials, and employment, and for other The Citizens’ Right to Know Act is incon- We can do better. These are bipar- purposes. The first reading of the bill shall sistent with bipartisan efforts to reform tisan issues. For this reason and many be dispensed with. All points of order against money bail systems, like the Pretrial Integ- consideration of the bill are waived. General other concerns I have with the closed debate shall be confined to the bill and shall rity and Safety Act, which the ACLU en- process we are operating under, I must dorses. By collecting and reporting only cer- not exceed one hour equally divided and con- tain data about pretrial services programs oppose this bill. trolled by the chair and ranking minority and those participating in them, the Citi- Mr. Speaker, I urge my colleagues to member of the Committee on Education and zens’ Right to Know Act will depict a one- oppose the previous question and the the Workforce. After general debate the bill sided picture of pretrial services programs rule, and I yield back the balance of shall be considered for amendment under the and participants. For example, the legisla- my time. five-minute rule. All points of order against tion’s focus on when an individual has failed Mr. BUCK. Mr. Speaker, I yield my- provisions in the bill are waived. At the con- to appear promises a negative narrative self such time as I may consume. clusion of consideration of the bill for around the pretrial stage. If this bill were se- We have before us a rule that makes amendment the Committee shall rise and re- rious about measuring the true impact of port the bill to the House with such amend- three pieces of legislation in order: a ments as may have been adopted. The pre- pretrial services programs, it would collect a bill that increases transparency for more robust data set and not that which is of vious question shall be considered as ordered interest only to the bail bonds industry. pretrial release programs, legislation on the bill and amendments thereto to final The ACLU supports bail reform that cor- that streamlines the review process for passage without intervening motion except rects the injustice of basing a defendant’s re- mergers and acquisitions, and a resolu- one motion to recommit with or without in- lease on how much money the person has. In- tion of disapproval for the CFPB’s structions. If the Committee of the Whole stead of considering the Citizens’ Right to harmful indirect auto lending rule. rises and reports that it has come to no reso- Know Act, the Committee should take up the The Federal Government’s greatest lution on the bill, then on the next legisla- Pretrial Integrity and Safety Act. This legis- responsibility to its citizens is to se- tive day the House shall, immediately after lation would incentive jurisdictions to re- the third daily order of business under clause cure their safety and security. Con- 1 of rule XIV, resolve into the Committee of form their money bail systems through fed- gress has a duty to recognize when eral resources rather than penalize them like the Whole for further consideration of the the Citizens’ Right to Know Act, which de- there is a security problem that is put- bill. nies DOJ grants to noncompliant jurisdic- ting people in jeopardy, especially SEC.5. Clause 1(c) of rule XIX shall not tions. The Pretrial Integrity and Safety Act when it is a Federal pretrial release apply to the consideration of H.R. 2933. would build safer communities, stronger program that is putting potentially families, and a fairer criminal justice system violent offenders onto the streets with- THE VOTE ON THE PREVIOUS QUESTION: WHAT by ensuring that people who are innocent in out any supervision. The American IT REALLY MEANS the eyes of the law are not deprived of their people deserve to know that their hard- This vote, the vote on whether to order the freedom because they cannot afford money earned tax dollars are being spent in previous question on a special rule, is not bail. merely a procedural vote. A vote against or- For the above described reasons, the ACLU the most responsible way possible. We dering the previous question is a vote urges Members of the House Judiciary Com- cannot continue pushing millions of against the Republican majority agenda and mittee against favorably reporting out the dollars into broken programs that re- a vote to allow the Democratic minority to Citizens’ Right to Know Act. Instead, we en- lease dangerous individuals back on offer an alternative plan. It is a vote about courage the Committee to give serious con- the street. what the House should be debating. sideration to bail reform bills through legis- Additionally, Congress has a statu- Mr. Clarence Cannon’s Precedents of the lative and oversight hearings on the issue. If tory duty to ensure that businesses are House of Representatives (VI, 308–311), de- you have any questions, please contact not pursuing anticompetitive mergers scribes the vote on the previous question on Kanya Bennett, Legislative Counsel with the the rule as ‘‘a motion to direct or control the ACLU. and acquisitions. However, that does consideration of the subject before the House Sincerely, not mean that we should continue fos- being made by the Member in charge.’’ To FAIZ SHAKIR, tering the current climate that fea- defeat the previous question is to give the National Political Di- tures the DOJ and FTC maintaining opposition a chance to decide the subject be- rector. two distinctly different processes for fore the House. Cannon cites the Speaker’s KANYA BENNETT, reviewing these transactions. We have ruling of January 13, 1920, to the effect that Legislative Counsel. the unique opportunity to create cer- ‘‘the refusal of the House to sustain the de- Mrs. TORRES. Mr. Speaker, this bill tainty for businesses while harmo- mand for the previous question passes the fails to provide explicit privacy protec- control of the resolution to the opposition’’ nizing the review process with the in order to offer an amendment. On March tions for the individuals whose per- SMARTER Act. 15, 1909, a member of the majority party of- sonal information will be collected and Finally, the House must take advan- fered a rule resolution. The House defeated subject to public release, and jurisdic- tage of this opportunity to rein in the the previous question and a member of the tions that fail to comply with these re- CFPB utilizing the Congressional Re- opposition rose to a parliamentary inquiry, porting requirements face the severe view Act’s power to overturn harmful asking who was entitled to recognition. penalty of losing 100 percent of their regulations on the indirect auto lend- Speaker Joseph G. Cannon (R–Illinois) said: DOJ pretrial services grant funding. ing industry. Not only will this resolu- ‘‘The previous question having been refused, Not only does this bill fail to require tion of disapproval end a detrimental the gentleman from New York, Mr. Fitz- gerald, who had asked the gentleman to consent from the defendants to pub- piece of guidance, but it will also send yield to him for an amendment, is entitled to licly release information about their a strong message to regulatory agen- the first recognition.’’ alleged crimes and their private infor- cies that they cannot overstep their The Republican majority may say ‘‘the mation, but it also poses the very real statutory boundaries and will not get vote on the previous question is simply a threat of destroying their reputation. away with attempting to cloak major vote on whether to proceed to an immediate These individuals have not been con- regulatory actions merely as guidance vote on adopting the resolution . . . [and] victed of a crime nor have they had documents. has no substantive legislative or policy im- their day in court, given their pretrial I urge support of the rule and the un- plications whatsoever.’’ But that is not what derlying legislation. they have always said. Listen to the Repub- status. lican Leadership Manual on the Legislative These are the concerns that could The material previously referred to Process in the United States House of Rep- have been raised if this legislation was by Mrs. TORRES is as follows: resentatives, (6th edition, page 135). Here’s given a full, robust debate through AN AMENDMENT TO H. RES. 872 OFFERED BY how the Republicans describe the previous committee hearings. MS. TORRES question vote in their own manual: ‘‘Al- I am disappointed that my amend- At the end of the resolution, add the fol- though it is generally not possible to amend ment to this bill, which would have ad- lowing new sections: the rule because the majority Member con- dressed one of the many abuses per- SEC.4. Immediately upon adoption of this trolling the time will not yield for the pur- resolution the Speaker shall, pursuant to pose of offering an amendment, the same re- petrated by the money bail system, clause 2(b) of rule XVIII, declare the House sult may be achieved by voting down the pre- was not made in order. My amendment resolved into the Committee of the Whole vious question on the rule . . . When the mo- would have prohibited predatory com- House on the state of the Union for consider- tion for the previous question is defeated, panies from locking people into seem- ation of the bill (H.R. 2933) to promote effec- control of the time passes to the Member

VerDate Sep 11 2014 02:36 May 09, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.005 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3795 who led the opposition to ordering the pre- with section 123 of the Act, a classified longer usable for any nuclear activity vious question. That Member, because he annex to the NPAS, prepared by the relevant from the point of view of safe- then controls the time, may offer an amend- Secretary of State, in consultation guards. ment to the rule, or yield for the purpose of with the Director of National Intel- amendment.’’ ligence, summarizing relevant classi- Mexico has a strong track record on In Deschler’s Procedure in the U.S. House nonproliferation and has consistently of Representatives, the subchapter titled fied information, will be submitted to ‘‘Amending Special Rules’’ states: ‘‘a refusal the Congress separately. A joint memo- reiterated its commitment to non- to order the previous question on such a rule randum submitted to me by the Secre- proliferation. It is a party to the Trea- [a special rule reported from the Committee taries of State and Energy and a letter ty on the Non-Proliferation of Nuclear on Rules] opens the resolution to amend- from the Chairman of the Nuclear Reg- Weapons and has concluded a Com- ment and further debate.’’ (Chapter 21, sec- ulatory Commission stating the views prehensive Safeguards Agreement and tion 21.2) Section 21.3 continues: ‘‘Upon re- of the Commission are also enclosed. Additional Protocol with the Inter- jection of the motion for the previous ques- An addendum to the NPAS containing tion on a resolution reported from the Com- national Atomic Energy Agency. Mex- mittee on Rules, control shifts to the Mem- a comprehensive analysis of the export ico has a strong system of nuclear ex- control system of Mexico with respect ber leading the opposition to the previous port controls and has harmonized its question, who may offer a proper amendment to nuclear-related matters, including or motion and who controls the time for de- interactions with other countries of controls with the Nuclear Suppliers bate thereon.’’ proliferation concern and the actual or Group guidelines. A more detailed dis- Clearly, the vote on the previous question suspected nuclear, dual-use, or missile- cussion of Mexico’s domestic civil nu- on a rule does have substantive policy impli- related transfers to such countries, clear activities and its nuclear non- cations. It is one of the only available tools pursuant to section 102A(w) of the Na- proliferation policies and practices is for those who oppose the Republican major- ity’s agenda and allows those with alter- tional Security Act of 1947 (50 U.S.C. provided in the NPAS and its classified native views the opportunity to offer an al- 3024(w)), is being submitted separately annex. by the Director of National Intel- ternative plan. I have considered the views and rec- Mr. BUCK. Mr. Speaker, I yield back ligence. The Agreement has been negotiated ommendations of the interested depart- the balance of my time, and I move the ments and agencies in reviewing the previous question on the resolution. in accordance with the Act and other applicable law. In my judgment, it Agreement and have determined that b 1300 meets all applicable statutory require- its performance will promote, and will The SPEAKER pro tempore. The ments and will advance the non- not constitute an unreasonable risk to, question is on ordering the previous proliferation and other foreign policy the common defense and security. Ac- question. interests of the United States. cordingly, I have approved the Agree- The question was taken; and the The Agreement contains all of the ment and authorized its execution and provisions required by subsection 123a. Speaker pro tempore announced that urge that the Congress give it favor- of the Act. It provides a comprehensive the ayes appeared to have it. able consideration. Mrs. TORRES. Mr. Speaker, on that I framework for peaceful nuclear co- demand the yeas and nays. operation with Mexico based on a mu- This transmission shall constitute a The yeas and nays were ordered. tual commitment to nuclear non- submittal for purposes of both sub- The SPEAKER pro tempore. Pursu- proliferation. It would permit the sections 123b. and 123d. of the Act. My ant to clause 8 of rule XX, further pro- transfer of material, equipment (in- Administration is prepared to begin ceedings on this question will be post- cluding reactors), components, and in- immediately consultations with the poned. formation for nuclear research and nu- Senate Foreign Relations Committee clear power production. It would not and the House Foreign Affairs Com- f permit the transfer of Restricted Data mittee, as provided in subsection 123b. AGREEMENT BETWEEN THE GOV- or sensitive nuclear technology. Any ERNMENT OF THE UNITED special fissionable material transferred Upon completion of the 30 days of con- STATES OF AMERICA AND THE could only be in the form of low en- tinuous session review provided for in GOVERNMENT OF THE UNITED riched uranium, with the exception of subsection 123b., the 60 days of contin- MEXICAN STATES FOR COOPERA- small quantities of material for use in uous session review provided for in sub- TION IN PEACEFUL USES OF NU- samples, standards, detectors, or tar- section 123d. shall commence. CLEAR ENERGY—MESSAGE FROM gets or for such other purposes as the DONALD J. TRUMP. THE PRESIDENT OF THE UNITED parties may agree. THE WHITE HOUSE, May 8, 2018. STATES (H. DOC. NO. 115–116) Through the Agreement, Mexico would affirm its intent to rely on exist- The SPEAKER pro tempore laid be- f ing international markets for nuclear fore the House the following message fuel services involving sensitive nu- from the President of the United ANNOUNCEMENT BY THE SPEAKER clear technologies (i.e. enrichment and States; which was read and, together PRO TEMPORE reprocessing), and the United States with the accompanying papers, referred would affirm its intent to support The SPEAKER pro tempore (Mr. HIG- to the Committee on Foreign Affairs these international markets and would and ordered to be printed: GINS of Louisiana). Pursuant to clause agree to endeavor to take necessary 8 of rule XX, proceedings will resume To the Congress of the United States: and feasible actions to ensure a reli- on questions previously postponed. I am pleased to transmit to the Con- able supply of low enriched uranium gress, pursuant to subsections 123b. and fuel to Mexico. Votes will be taken in the following 123d. of the Atomic Energy Act of 1954, The Agreement has a term of 30 order: as amended (42 U.S.C. 2153(b), (d)) (the years, although it can be terminated Ordering the previous question on ‘‘Act’’), the text of an Agreement be- by either party on one year’s advance House Resolution 872; and tween the Government of the United written notice. In the event of termi- States of America and the Government nation or expiration of the Agreement, Adoption of House Resolution 872, if of the United Mexican States for Co- key nonproliferation conditions and ordered. operation in Peaceful Uses of Nuclear controls will continue in effect as long The first electronic vote will be con- Energy (the ‘‘Agreement’’). I am also as any material, equipment, or compo- ducted as a 15-minute vote. The second pleased to transmit my written ap- nent subject to the Agreement remains electronic vote will be conducted as a proval, authorization, and determina- in the territory of the party concerned 5-minute vote. tion concerning the Agreement and an or under its jurisdiction or control unclassified Nuclear Proliferation As- anywhere, or until such time as the sessment Statement (NPAS) con- parties agree that such material, cerning the Agreement. In accordance equipment, or components are no

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.004 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3796 CONGRESSIONAL RECORD — HOUSE May 8, 2018 PROVIDING FOR CONSIDERATION Guthrie Marino Rutherford Scott, David Swalwell (CA) Vela´ zquez OF H.R. 5645, STANDARD MERGER Handel Marshall Sanford Serrano Takano Visclosky Harper Massie Scalise Sewell (AL) Thompson (CA) Walz AND ACQUISITION REVIEWS Harris Mast Schweikert Shea-Porter Thompson (MS) Wasserman THROUGH EQUAL RULES ACT OF Hartzler McCarthy Scott, Austin Sherman Titus Schultz 2018; PROVIDING FOR CONSIDER- Hensarling McCaul Sensenbrenner Sinema Tonko Watson Coleman Sires Torres ATION OF H.R. 2152, CITIZENS’ Herrera Beutler McClintock Sessions Welch Hice, Jody B. McHenry Shimkus Smith (WA) Tsongas Wilson (FL) Soto Vargas RIGHT TO KNOW ACT OF 2018; Higgins (LA) McKinley Shuster Yarmuth PROVIDING FOR CONSIDERATION Hill McMorris Simpson Speier Veasey OF S.J. RES. 57, PROVIDING FOR Holding Rodgers Smith (MO) Suozzi Vela Hollingsworth McSally Smith (NE) CONGRESSIONAL DISAPPROVAL Hudson Meadows Smith (NJ) NOT VOTING—25 OF A RULE SUBMITTED BY BU- Huizenga Mitchell Smith (TX) Adams Jones Pittenger REAU OF CONSUMER FINANCIAL Hultgren Moolenaar Smucker Carson (IN) Kuster (NH) Poe (TX) PROTECTION Hunter Mooney (WV) Stefanik Clyburn Labrador Renacci Hurd Mullin Stewart Cummings Lipinski Richmond The SPEAKER pro tempore. The un- Issa Newhouse Stivers Frankel (FL) Lujan Grisham, Rogers (KY) Jenkins (KS) Noem Taylor ´ finished business is the vote on order- Gutierrez M. Rokita Johnson (LA) Norman Tenney Jenkins (WV) McCollum Schiff ing the previous question on the reso- Johnson (OH) Nunes Thompson (PA) Johnson (GA) Messer Waters, Maxine lution (H. Res. 872) providing for con- Johnson, Sam Olson Thornberry Johnson, E. B. Neal Jordan Palazzo Tipton sideration of the bill (H.R. 5645) to Joyce (OH) Palmer Trott amend the Clayton Act and the Federal Katko Paulsen Turner b 1329 Trade Commission Act to provide that Kelly (MS) Pearce Upton Mses. HANABUSA, TSONGAS, and the Federal Trade Commission shall Kelly (PA) Perry Valadao King (IA) Poliquin Wagner WILSON of Florida changed their vote exercise authority with respect to King (NY) Posey Walberg from ‘‘yea’’ to ‘‘nay.’’ mergers only under the Clayton Act Kinzinger Ratcliffe Walden Mr. SIMPSON changed his vote from Knight Reed Walker and only in the same procedural man- ‘‘nay’’ to ‘‘yea.’’ ner as the Attorney General exercises Kustoff (TN) Reichert Walorski LaHood Rice (SC) Walters, Mimi So the previous question was ordered. such authority; providing for consider- LaMalfa Roby Weber (TX) The result of the vote was announced ation of the bill (H.R. 2152) to require Lamborn Roe (TN) Webster (FL) as above recorded. States and units of local government Lance Rogers (AL) Wenstrup Latta Rohrabacher Westerman Stated against: receiving funds under grant programs Lesko Rooney, Francis Williams Mr. SCHIFF. Mr. Speaker, had I been operated by the Department of Justice, Lewis (MN) Rooney, Thomas Wilson (SC) present, I would have voted ‘‘nay’’ on rollcall which use such funds for pretrial serv- LoBiondo J. Wittman No. 169. ices programs, to submit to the Attor- Long Ros-Lehtinen Womack Loudermilk Roskam Woodall The SPEAKER pro tempore (Mr. CON- ney General a report relating to such Love Ross Yoder AWAY). The question is on the resolu- program, and for other purposes; and Lucas Rothfus Yoho tion. providing for consideration of the joint Luetkemeyer Rouzer Young (AK) MacArthur Royce (CA) Young (IA) The question was taken; and the resolution (S.J. Res. 57) providing for Marchant Russell Zeldin Speaker pro tempore announced that congressional disapproval under chap- the ayes appeared to have it. ter 8 of title 5, United States Code, of NAYS—177 RECORDED VOTE the rule submitted by Bureau of Con- Aguilar Doyle, Michael Lofgren sumer Financial Protection relating to Barraga´ n F. Lowenthal Mrs. TORRES. Mr. Speaker, I de- ‘‘Indirect Auto Lending and Compli- Bass Ellison Lowey mand a recorded vote. Beatty Engel Luja´ n, Ben Ray A recorded vote was ordered. ance with the Equal Credit Oppor- Bera Eshoo Lynch tunity Act’’, on which the yeas and Beyer Espaillat Maloney, The SPEAKER pro tempore. This is a nays were ordered. Bishop (GA) Esty (CT) Carolyn B. 5-minute vote. The Clerk read the title of the resolu- Blumenauer Evans Maloney, Sean The vote was taken by electronic de- Blunt Rochester Foster Matsui vice, and there were—ayes 227, noes 181, tion. Bonamici Fudge McEachin The SPEAKER pro tempore. The Boyle, Brendan Gabbard McGovern not voting 20, as follows: question is on ordering the previous F. Gallego McNerney [Roll No. 170] Brady (PA) Garamendi Meeks question. Brown (MD) Gomez Meng AYES—227 The vote was taken by electronic de- Brownley (CA) Gonzalez (TX) Moore Abraham Coffman Gaetz vice, and there were—yeas 226, nays Bustos Gottheimer Moulton Aderholt Cole Gallagher Butterfield Green, Al Murphy (FL) Allen Collins (GA) Garrett 177, not voting 25, as follows: Capuano Green, Gene Nadler Amash Collins (NY) Gianforte [Roll No. 169] Carbajal Grijalva Napolitano Amodei Comer Gibbs Ca´ rdenas Hanabusa Nolan Arrington Comstock Gohmert YEAS—226 Cartwright Hastings Norcross Babin Conaway Goodlatte Abraham Burgess Duffy Castor (FL) Heck O’Halleran Bacon Cook Gosar Aderholt Byrne Duncan (SC) Castro (TX) Higgins (NY) O’Rourke Banks (IN) Costello (PA) Gowdy Allen Calvert Duncan (TN) Chu, Judy Himes Pallone Barletta Cramer Granger Amash Carter (GA) Dunn Cicilline Hoyer Panetta Barr Crawford Graves (GA) Amodei Carter (TX) Emmer Clark (MA) Huffman Pascrell Barton Culberson Graves (LA) Arrington Chabot Estes (KS) Clarke (NY) Jackson Lee Payne Bergman Curbelo (FL) Graves (MO) Babin Cheney Faso Clay Jayapal Pelosi Biggs Curtis Griffith Bacon Coffman Ferguson Cleaver Jeffries Perlmutter Bilirakis Davidson Grothman Banks (IN) Cole Fitzpatrick Cohen Kaptur Peters Bishop (MI) Davis, Rodney Guthrie Barletta Collins (GA) Fleischmann Connolly Keating Peterson Bishop (UT) Denham Handel Barr Collins (NY) Flores Cooper Kelly (IL) Pingree Black Dent Harper Barton Comer Fortenberry Correa Kennedy Pocan Blackburn DeSantis Harris Bergman Comstock Foxx Costa Khanna Polis Blum DesJarlais Hartzler Biggs Conaway Frelinghuysen Courtney Kihuen Price (NC) Bost Diaz-Balart Hensarling Bilirakis Cook Gaetz Crist Kildee Quigley Brady (TX) Donovan Herrera Beutler Bishop (MI) Costello (PA) Gallagher Crowley Kilmer Raskin Brat Duffy Hice, Jody B. Bishop (UT) Cramer Garrett Cuellar Kind Rice (NY) Brooks (AL) Duncan (SC) Higgins (LA) Black Crawford Gianforte Davis (CA) Krishnamoorthi Rosen Brooks (IN) Duncan (TN) Hill Blackburn Culberson Gibbs Davis, Danny Lamb Roybal-Allard Buchanan Dunn Holding Blum Curbelo (FL) Gohmert DeFazio Langevin Ruiz Buck Emmer Hollingsworth Bost Curtis Goodlatte DeGette Larsen (WA) Ruppersberger Bucshon Estes (KS) Hudson Brady (TX) Davidson Gosar Delaney Larson (CT) Rush Budd Faso Huizenga Brat Davis, Rodney Gowdy DeLauro Lawrence Ryan (OH) Burgess Ferguson Hultgren Brooks (AL) Denham Granger DelBene Lawson (FL) Sa´ nchez Byrne Fitzpatrick Hunter Brooks (IN) Dent Graves (GA) Demings Lee Sarbanes Calvert Fleischmann Hurd Buchanan DeSantis Graves (LA) DeSaulnier Levin Schakowsky Carter (GA) Flores Issa Buck DesJarlais Graves (MO) Deutch Lewis (GA) Schneider Carter (TX) Fortenberry Jenkins (KS) Bucshon Diaz-Balart Griffith Dingell Lieu, Ted Schrader Chabot Foxx Johnson (LA) Budd Donovan Grothman Doggett Loebsack Scott (VA) Cheney Frelinghuysen Johnson (OH)

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.022 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3797 Johnson, Sam Mooney (WV) Shuster Titus Vela Waters, Maxine SMALL BUSINESS DEVELOPMENT Jordan Mullin Simpson Tonko Vela´ zquez Watson Coleman CENTER CYBER TRAINING ACT Joyce (OH) Newhouse Smith (MO) Torres Visclosky Welch Katko Noem Smith (NE) Tsongas Walz Wilson (FL) OF 2017 Kelly (MS) Norman Smith (NJ) Vargas Wasserman Yarmuth Kelly (PA) Nunes Veasey Schultz Mr. CHABOT. Mr. Speaker, I move to Smith (TX) suspend the rules and pass the bill King (IA) Olson Smucker NOT VOTING—20 King (NY) Palazzo Stefanik (H.R. 3170) to amend the Small Busi- Adams Jones Messer Kinzinger Palmer Stewart ness Act to require cyber certification Carson (IN) Kuster (NH) Pittenger Knight Paulsen Stivers for small business development center Kustoff (TN) Pearce Clyburn Labrador Poe (TX) Taylor LaHood Perry Cummings Lipinski Renacci counselors, and for other purposes. Tenney LaMalfa Peterson Gutie´rrez Lujan Grisham, Rogers (KY) Thompson (PA) The Clerk read the title of the bill. Lamborn Poliquin Jenkins (WV) M. Rokita The text of the bill is as follows: Lance Posey Thornberry Johnson, E. B. McCollum Schrader Latta Ratcliffe Tipton H.R. 3170 Lesko Reed Trott b 1338 Turner Be it enacted by the Senate and House of Rep- Lewis (MN) Reichert So the resolution was agreed to. resentatives of the United States of America in LoBiondo Rice (SC) Upton Long Roby Valadao The result of the vote was announced Congress assembled, Loudermilk Roe (TN) Wagner as above recorded. SECTION 1. SHORT TITLE. Love Rogers (AL) Walberg A motion to reconsider was laid on This Act may be cited as the ‘‘Small Busi- Lucas Rohrabacher Walden the table. ness Development Center Cyber Training Act Luetkemeyer Rooney, Francis Walker of 2017’’. MacArthur Rooney, Thomas Walorski f Marchant J. Walters, Mimi SEC. 2. DUTIES OF SMALL BUSINESS DEVELOP- RESIGNATION FROM THE HOUSE MENT CENTER COUNSELORS. Marino Ros-Lehtinen Weber (TX) Marshall Roskam Webster (FL) OF REPRESENTATIVES Section 21 of the Small Business Act (15 Massie Ross Wenstrup U.S.C. 648) is amended by adding at the end Mast The SPEAKER pro tempore laid be- Rothfus Westerman the following: McCarthy Rouzer fore the House the following resigna- Williams ‘‘(o) CYBER STRATEGY TRAINING FOR SMALL McCaul Royce (CA) tion from the House of Representa- Wilson (SC) BUSINESS DEVELOPMENT CENTERS.— McClintock Russell tives: McHenry Rutherford Wittman ‘‘(1) DEFINITIONS.—In this subsection— McKinley Sanford Womack CONGRESS OF THE UNITED STATES, ‘‘(A) the term ‘cyber strategy’ means re- McMorris Scalise Woodall HOUSE OF REPRESENTATIVES, sources and tactics to assist in planning for Rodgers Schweikert Yoder Washington, DC, May 8, 2018. cybersecurity and defending against cyber Yoho McSally Scott, Austin Hon. PAUL RYAN, risks and cyber attacks; and Young (AK) Meadows Sensenbrenner Speaker of the House, House of Representatives, ‘‘(B) the term ‘lead small business develop- Young (IA) Mitchell Sessions ment center’ means a small business devel- Moolenaar Shimkus Zeldin Washington, DC. DEAR SPEAKER RYAN: I write to inform you opment center that has received a grant NOES—181 that I will resign from the office of United from the Administration. States Representative effective 11:59 PM ‘‘(2) CERTIFICATION PROGRAM.—The Admin- Aguilar Esty (CT) McGovern EST, Saturday, May 12, 2018. It has been a istrator shall establish a cyber counseling Barraga´ n Evans McNerney Bass Foster Meeks privilege to serve with you throughout my certification program, or approve a similar Beatty Frankel (FL) Meng time in Congress and I thank you for your existing program, to certify the employees of Bera Fudge Moore leadership and friendship throughout those lead small business development centers to Beyer Gabbard Moulton years. provide cyber planning assistance to small Bishop (GA) Gallego Murphy (FL) I wish you, and all of our colleagues in business concerns. Blumenauer Garamendi Nadler Congress, the best as you make the difficult ‘‘(3) NUMBER OF CERTIFIED EMPLOYEES.— Blunt Rochester Gomez Napolitano decisions necessary to guide the nation for- The Administrator shall ensure that the Bonamici Gonzalez (TX) Neal ward and work to improve the lives of all number of employees of each lead small busi- Boyle, Brendan Gottheimer Nolan Americans. F. Green, Al Norcross ness development center who are certified in Brady (PA) Green, Gene O’Halleran Sincerely, providing cyber planning assistance under Brown (MD) Grijalva O’Rourke HON. CHARLES W. DENT. this subsection is not fewer than the lesser Brownley (CA) Hanabusa Pallone of— Bustos Hastings Panetta CONGRESS OF THE UNITED STATES, ‘‘(A) 5; or Butterfield Heck Pascrell HOUSE OF REPRESENTATIVES, ‘‘(B) 10 percent of the total number of em- Capuano Higgins (NY) Payne Washington, DC, May 8, 2018. ployees of the lead small business develop- Carbajal Himes Pelosi Hon. TOM WOLF, Ca´ rdenas Hoyer Perlmutter ment center. Cartwright Huffman Peters Governor, Commonwealth of Pennsylvania, ‘‘(4) CONSIDERATION OF SMALL BUSINESS DE- Castor (FL) Jackson Lee Pingree Harrisburg, PA. VELOPMENT CENTER CYBER STRATEGY.—In car- Castro (TX) Jayapal Pocan DEAR GOVERNOR WOLF: I am writing to in- rying out this subsection, the Administrator, Chu, Judy Jeffries Polis form you that I will resign from my seat ef- to the extent practicable, shall consider any Cicilline Johnson (GA) Price (NC) fective at 11:59 PM EST, Saturday, May 12, cyber strategy methods included in the Clark (MA) Kaptur Quigley 2018. Small Business Development Center Cyber Clarke (NY) Keating Raskin After my family, serving the people of the Strategy developed under section 1841(a) of Clay Kelly (IL) Rice (NY) 15th Congressional District in the United Cleaver Kennedy Richmond the National Defense Authorization Act for States Congress has been the greatest re- Fiscal Year 2017 (Public Law 114–328; 130 Cohen Khanna Rosen sponsibility and honor of my life. I would Connolly Kihuen Roybal-Allard Stat. 2662). Cooper Kildee Ruiz like to thank the people of the 15th District ‘‘(5) REIMBURSEMENT FOR CERTIFICATION.— Correa Kilmer Ruppersberger and the entire Commonwealth of Pennsyl- ‘‘(A) IN GENERAL.—Subject to the avail- Costa Kind Rush vania for putting their trust and faith in me ability of appropriations and subparagraph Courtney Krishnamoorthi Ryan (OH) to serve as their Representative. I am for- (B), the Administrator shall reimburse a lead ´ Crist Lamb Sanchez ever grateful. small business development center for costs Crowley Langevin Sarbanes Sincerely, relating to the certification of an employee Cuellar Larsen (WA) Schakowsky HON. CHARLES W. DENT. Davis (CA) Larson (CT) Schiff of the lead small business development cen- Davis, Danny Lawrence Schneider f ter under the program established under DeFazio Lawson (FL) Scott (VA) paragraph (2). DeGette Lee Scott, David ANNOUNCEMENT BY THE SPEAKER ‘‘(B) LIMITATION.—The total amount reim- Delaney Levin Serrano PRO TEMPORE bursed by the Administrator under subpara- DeLauro Lewis (GA) Sewell (AL) The SPEAKER pro tempore (Mr. graph (A) may not exceed $350,000 in any fis- DelBene Lieu, Ted Shea-Porter cal year.’’. Demings Loebsack Sherman EMMER). Pursuant to clause 8 of rule DeSaulnier Lofgren Sinema XX, the Chair will postpone further The SPEAKER pro tempore. Pursu- Deutch Lowenthal Sires ant to the rule, the gentleman from Dingell Lowey Smith (WA) proceedings today on motions to sus- Doggett Luja´ n, Ben Ray Soto pend the rules on which a recorded vote Ohio (Mr. CHABOT) and the gentle- Doyle, Michael Lynch Speier or the yeas and nays are ordered, or woman from New York (Ms. F. Maloney, Suozzi votes objected to under clause 6 of rule VELA´ ZQUEZ) each will control 20 min- Ellison Carolyn B. Swalwell (CA) utes. Engel Maloney, Sean Takano XX. Eshoo Matsui Thompson (CA) The House will resume proceedings The Chair recognizes the gentleman Espaillat McEachin Thompson (MS) on postponed questions at a later time. from Ohio.

VerDate Sep 11 2014 02:36 May 09, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.008 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3798 CONGRESSIONAL RECORD — HOUSE May 8, 2018 GENERAL LEAVE who owned an indoor go-karting facil- Mr. Speaker, I reserve the balance of Mr. CHABOT. Mr. Speaker, I ask ity in Maine and had a number of em- my time. unanimous consent that all Members ployees and their families who de- Mr. CHABOT. Mr. Speaker, I yield may have 5 legislative days within pended on it. He told our committee such time as he may consume to the which to revise and extend their re- that he was struck by a phishing scam. gentleman from South Carolina (Mr. marks and include extraneous material He logged on to his business account, NORMAN). on the bill under consideration. and, to his utter disbelief, his bank ac- Mr. NORMAN. Mr. Speaker, I rise in The SPEAKER pro tempore. Is there count was zero. This happened on a support of H.R. 3170, the Small Busi- objection to the request of the gen- payday, no less. So all these people, ness Development Center Cyber Train- tleman from Ohio? who are depending on him to pay them, ing Act of 2017. In today’s increasingly There was no objection. his bank account is zero because some cyber world, information technology is Mr. CHABOT. Mr. Speaker, I yield hacker got into it. vital for small businesses. It equips myself such time as I may consume. Stories like these are why Congress- them with the necessary tools and al- Mr. Speaker, before we get into the man EVANS and I have introduced H.R. lows them to remain competitive in business at hand, I would like to thank 3170, the Small Business Development the global economy. our ranking member, Ms. VELA´ ZQUEZ, Center Cyber Training Act of 2017. This However, the same tools that allow all of our minority and majority mem- bipartisan and bicameral legislation small businesses to stay on the cutting bers on the committee, and their staffs would establish a cyber counseling cer- edge of technology have also caused for working in a bipartisan manner to tification program in lead small busi- them to be increasingly targeted by produce this strong package of small ness development centers, or SBDCs, to cybercriminals. And, unfortunately, a business bills. assist small businesses with planning simple cyber attack can destroy a Our committee strives to be bipar- and implementing cybersecurity meas- small business. tisan and an example, really, for our ures to defend against cyber attacks. According to the National Small fellow Members. That can’t be done The cyber assistance offered by trained Business Association, the average cost without equal effort on both sides. staff at SBDCs would be provided at no of a cyber attack on a small business is Again, I want to thank Ms. cost, or low cost, to small businesses. $32,000. Many small businesses fear VELA´ ZQUEZ for always working with Cyber planning assistance will en- such an attack but lack the resources us—usually working with us—in a bi- courage small businesses to take a or the technical knowledge to prevent partisan manner, and I want to thank more proactive approach to defending one. That is where H.R. 3170 comes into all the members in the committee for themselves from cyber attacks by play. doing that as well. leveraging the expertise from SBDCs This legislation would equip lead Mr. Speaker, last week was National and their partner agencies and institu- small business development centers Small Business Week all across Amer- tions, rather than being forced to react with a cyber counseling certification ica. I like to call small businesses our after an attack. program to educate small businesses biggest asset as a Nation. And because When provided with the right re- and help them to implement a cyberse- of the actions of this Congress and our sources, small businesses can be as- curity plan to protect their business. President, small businesses are the sured that they have an effective cyber Due to the high cost of hiring cyber ex- most optimistic they have been in plan in place. I would like to thank Mr. perts, many small businesses could not more than three decades. EVANS for his collaboration on this bill, otherwise afford to take such pre- It is vital to our Nation’s economy and I would urge my colleagues to sup- cautions. that these small businesses succeed. As port this bipartisan legislation. H.R. 3170 would offer cyber assistance technology evolves, so must our small Mr. Speaker, I reserve the balance of at no or low cost to small businesses. businesses. Just as important as the my time. This bipartisan bill would help Amer- ice cream shop on Main Street is the Ms. VELA´ ZQUEZ. Mr. Speaker, I ica’s nearly 30 million small businesses online startup company. yield myself such time as I may con- stay ahead of cyber attacks so that We have an obligation to do every- sume. they are not forced to react once it is thing we can to create an economy Let me take this opportunity to too late. I urge my colleagues to sup- where all small businesses flourish, be- thank the chairman, Mr. CHABOT; his port this legislation. cause a community that has successful staff; and all the members of the Small Ms. VELA´ ZQUEZ. Mr. Speaker, I small businesses thrives, and this is Business Committee for working in a yield 2 minutes to the gentleman from good for all of us all across the coun- bipartisan manner. Pennsylvania (Mr. EVANS), who is the try. Mr. Speaker, we continue to hear ranking member on the Subcommittee This leads us to the first piece of leg- about cyber breaches and unauthorized on Economic Growth, Tax and Capital islation before us today. data collection. Cybersecurity must be Access. Advances in information technology, our Nation’s top priority, especially as Mr. EVANS. Mr. Speaker, I thank or IT, have helped small businesses to it pertains to the health of our small the ranking member for yielding to rapidly increase their productivity, business community. me. I rise in strong support of H.R. enter new markets, and offer con- The Small Business Committee has 3170, the Small Business Development sumers new and innovative services taken steps to leverage the Small Busi- Center Cyber Training Act. As a mem- and products. ness Administration’s network of re- ber of the House Small Business Com- However, IT has advanced so quickly source partners to assist in education mittee, we look to find solutions to that it has been difficult to keep pace and development of cyber infrastruc- problems and address gaps in policy re- with the ever-growing cyber threats. ture. Clearly, we must do more to com- lating to small businesses. Unfortunately, small businesses are be- bat rogue nation-states and H.R. 3170, which was introduced last coming increasingly targeted by cyber cybercriminals. year, is yet another example of a tool criminals. The key lies in a properly trained in the toolbox for small businesses and While larger companies have more workforce at our small business devel- illustrates the important role that gov- resources to detect and combat cyber opment centers who are tasked in edu- ernment can play in areas of cyberse- attacks, small businesses often do not cating, developing, and implementing curity, which continues to develop and learn they have been hacked until it is cybersecurity measures for small com- is ripe for direction and collaboration. too late. As chairman of the House panies of all kinds. This is an extremely important bi- Committee on Small Business, I have H.R. 3170, the Small Business Devel- cameral bill. Our small-business own- heard too many firsthand accounts of opment Center Cyber Training Act ers and entrepreneurs are the engines this occurring. does this by creating a certification that drive people to live, grow, and suc- program at SBDCs to develop staff who ceed in our neighborhoods. We know b 1345 are prepared to combat cyber attacks. that our small business community One story that stands out to me is Therefore, I urge my colleagues to vote faces increasing cyber threats in our the story of a small-business owner for this bill. ever-changing global economy.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.028 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3799 As seen by the glaring number of Mr. Speaker, expanding access to a 14 percent of small businesses rate their cyber attacks on American businesses skilled cyber workforce focused on ability to mitigate cyber risks, vulnerabilities, in the past few years, it is critical that small businesses has been a top pri- and attacks as highly effective; we work with the private sector to en- ority for both sides of the aisle. We 60 percent of small companies go out of sure that these businesses are not cannot let our Nation’s job creators go business within six months of a cyberattack; stiffed. Many large companies have the without the assistance they need to de- 48 percent of data security breaches are resources to fight these attacks by velop, implement, and monitor their caused by acts of malicious intent, human cybercriminals, but a lot of small busi- online presence. error, or system failure; and nesses just do not have the time, H.R. 3170 will help boost SBDC’s abil- Small businesses are most concerned about money, or expertise. ity to engage and protect their small- the security of customer data. Every day we hear about issues relat- business clients, and, therefore, also Cyber criminals are not only interested in ing to national security and cyber at- protect the interests of American what may be of value on a small business tacks. They are threats to us all. We workers and consumers. computer or computing device. are all a part of cyberspace, and we This legislation ensures that our na- Criminals can also see value in taking con- have to ensure that proper safety pre- tional efforts combating cyber attacks trol of a small business’ computers or com- cautions are in place. can be utilized by our Nation’s most puting devices to launch an attack on a third We know that small businesses are vulnerable businesses. I urge my col- party. especially at risk as it relates to cyber leagues to support this bill. These types of attacks can shield the attacks; therefore, we must ensure Mr. Speaker, I yield back the balance attacker from being identified and cause prob- that all small businesses have the abil- of my time. lems for the small business as networks label ity to invest in the protection needed, Mr. CHABOT. Mr. Speaker, I yield their computing devices or web addresses as but we must ensure proper coordina- myself such time as I may consume to the source of an attack. tion. I look forward to working with close, and I will be brief. The overall impact of a cybersecurity inci- the chairperson and the ranking mem- Mr. Speaker, America’s small busi- dent according to the National Institute for ber. ness development centers must have Mr. CHABOT. Mr. Speaker, I yield as Standards and Technology could include: much time as he may consume to the the best possible cybersecurity train- damage to information or information sys- ing so that they can better assist small gentleman from Kansas (Mr. MAR- tems; businesses to detect and combat cyber SHALL). regulatory fines and penalties/legal fees; Mr. MARSHALL. Mr. Speaker, I attacks. decreased productivity; thank the chairman for his leadership In our committee’s efforts to spot- loss of information critical to running your in continuing to fight for small busi- light these serious and growing business; ness. threats, it has become clear that we damage to reputation or loss of consumer Mr. Speaker, I rise today in support need to think outside the box as we confidence; of H.R. 3170, the Small Business Devel- work to thwart cyber attacks, and the damage to credit and loan worthiness; or opment Center Cyber Training Act of bipartisan bill before us today is a step loss of business income. 2017. Cybersecurity has become an in- in that direction. There is a growing shortage of cybersecurity creasing issue for small businesses, as I would urge my colleagues to sup- professionals with over a quarter-million posi- many small firms have less time than port this legislation, and I want to tions remaining unfilled in the U.S. alone and larger firms to develop cybersecurity again thank the gentlewoman from a predicted shortfall of 1.5 million cybersecu- defense strategies, fewer staff to mon- New York (Ms. VELA´ ZQUEZ), the rank- rity professionals by 2019. itor systems, and less access to capital ing member, for her leadership on this. Solutions like the ones contained in the bill to purchase computer security hard- Mr. Speaker, I yield back the balance before us would increase the number of cyber- ware and software. of my time. security professionals in the Small Business As more businesses embrace online Ms. JACKSON LEE. Mr. Speaker, I speak in Administration to serve the cybersecurity tools, such as social media, mobile support of H.R. 3170, the Small Business De- needs of small businesses. services, and cloud data storage, the velopment Center Cyber Security Training Act The bill would require the SBA to have staff need for stronger information security of 2017. at their Small Business Development Centers and cybersecurity systems has grown. H.R. 3170 amends the Small Business Act (SBDCs) receive training in cybersecurity so Small business development centers to require the Small Business Administration that they will be prepared to assist businesses provide important resources and busi- to establish a program for certifying employ- with cybersecurity planning. ness assistance programs for entre- ees of small business development centers to Small Business Development Centers pro- preneurs and small-business owners. provide cybersecurity planning assistance to vide an array of technical assistance to small In Kansas, small business develop- small businesses. businesses and aspiring entrepreneurs. ment centers have aided hundreds of Cybersecurity threats faced by small busi- By supporting business growth, sustain- businesses across the State, many of nesses are as serious as those faced by large ability and enhancing the creation of new busi- which I visited across the district. H.R. businesses and government agencies. nesses entities, SBDCs foster local and re- 3170 acknowledges the importance of According to the Better Business Bureau’s gional economic development through job cre- cybersecurity, as well as the broad 2017 report ‘‘State of Cybersecurity Among ation and retention. reach of SBDCs, and instructs the Small Businesses in North America’’ found As a result of the no-cost, extensive, one- small-business administrator to estab- that small business owners are becoming on-one, long-term professional business advis- lish a cybersecurity program for SBDC more and more aware of cyber threats, con- ing, low-cost training and other specialized employees. Adding this training to the SBDC tinue to be concerned about cyber risks, and services SBDC clients receive, the program toolkit will allow SBDC employees to are taking some proactive security steps in remains one of the nation’s largest small busi- assist businessowners with cyber plan- spite of their unique challenges in regard to ness assistance programs in the federal gov- ning and strategy and is critical in en- cybersecurity. ernment. suring that small businesses and entre- Global spending on cybersecurity is ex- The SBDCs are comprised of a unique col- preneurs are able to securely compete pected to reach $170 billion by 2020 as busi- laboration of SBA federal funds, state and in today’s digital marketplace. I en- nesses and governments work to security net- local governments, and private sector re- courage my colleagues to support this works and the data they contain. sources. legislation. Cyberattacks in the form of ransomware, SBDCs provide services through profes- Ms. VELA´ ZQUEZ. Mr. Speaker, does phishing, point-of sale malware, keyloggers, sional business advisors such as: the chairman have any further speak- tech support phone scam, remote access Tro- development of business plans; manufac- ers? jan or rat are some of the threats faced by turing assistance; Mr. CHABOT. Mr. Speaker, I do not small businesses. financial packaging and lending assistance; have any further speakers on this bill. According to the trade journal Small Busi- exporting and importing support; Ms. VELA´ ZQUEZ. Mr. Speaker, I ness Trends: disaster recovery assistance; procurement yield myself such time as I may con- 43 percent of cyberattacks target small busi- and contracting aid; market research services; sume. nesses; aid to 8(a) firms in all stages; and

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K08MY7.029 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3800 CONGRESSIONAL RECORD — HOUSE May 8, 2018 healthcare information. ‘‘(iii) beginning 3 years after the date of or payment records, leaving contrac- H.R. 3170, would add to this list cybersecu- the enactment of this subsection and each tors basically in the dark. rity planning assistance. year thereafter, for the 3-year period pre- Without this information, small I ask my colleagues to join me in supporting ceding the issuance of the notice. prime contractors and subcontractors ‘‘(3) FORMAT OF PAST PERFORMANCE INFOR- this bill. take an enormous risk every time they MATION.—In the notice required under para- The SPEAKER pro tempore. The graph (1), the agency shall ensure that the submit an offer with an agency that question is on the motion offered by past performance information described may be acting in less than good faith. the gentleman from Ohio (Mr. CHABOT) under paragraph (1)(B) is set forth separately Furthermore, small contractors are that the House suspend the rules and for each definitization action that was com- often unable to develop accurate bid pass the bill, H.R. 3170. pleted during the following periods: prices if they choose to risk working The question was taken; and (two- ‘‘(A) Not more than 30 days after receipt of with the agency. thirds being in the affirmative) the a request for an equitable adjustment. To offset the risk of delayed or non- rules were suspended and the bill was ‘‘(B) Not more than 60 days after receipt of a request for an equitable adjustment. payment, contractors may inflate the passed. ‘‘(C) Not more than 90 days after receipt of cost of their bids, passing on these A motion to reconsider was laid on a request for an equitable adjustment. costs to the taxpayer. Due to the lack the table. ‘‘(D) Not more than 180 days after receipt of transparency promoting a high-risk, f of a request for an equitable adjustment. high-stakes environment, working with ‘‘(E) More than 365 days after receipt of a the Federal Government becomes less CHANGE ORDER TRANSPARENCY request for an equitable adjustment. FOR FEDERAL CONTRACTORS ACT appealing. Small contractors are leav- ‘‘(F) After the completion of the perform- ing the marketplace in favor of private Mr. CHABOT. Mr. Speaker, I move to ance of the contract through a contract modification addressing all undefinitized re- sector projects, which reduces competi- suspend the rules and pass the bill tion. (H.R. 4754) to amend the Small Busi- quests for an equitable adjustment received during the term of the contract.’’. This bill, Mr. BACON’s bill, takes a ness Act to provide prospective con- critical step forward by requiring the struction contractors with information The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from contracting agency to disclose, in their about an agency’s policies on the ad- solicitations, the details of their ministration of change orders to allow Ohio (Mr. CHABOT) and the gentle- woman from New York (Ms. change order procedures, as well as a such contractors to make informed historical record showing whether business decisions regarding the pric- VELA´ ZQUEZ) each will control 20 min- utes. change orders are resolved in a timely ing of bids or proposals, and for other manner. purposes. The Chair recognizes the gentleman The Clerk read the title of the bill. from Ohio. b 1400 The text of the bill is as follows: GENERAL LEAVE Contractors can use this information H.R. 4754 Mr. CHABOT. Mr. Speaker, I ask to decide, first and foremost, if they Be it enacted by the Senate and House of Rep- unanimous consent that all Members want to bid; and if so, they can formu- resentatives of the United States of America in have 5 legislative days to revise and ex- late more realistic cost estimates and Congress assembled, tend their remarks and include extra- better prepare for delays in payment. SECTION 1. SHORT TITLE. neous material on the bill under con- This bill, Mr. BACON’s bill, should This Act may be cited as the ‘‘Change sideration. also encourage agencies to improve Order Transparency for Federal Contractors The SPEAKER pro tempore. Is there their own internal change order proc- Act’’. objection to the request of the gen- esses, making the Federal construction SEC. 2. CONSTRUCTION CONTRACT ADMINISTRA- tleman from Ohio? marketplace attractive again. Ulti- TION. Section 15 of the Small Business Act (15 There was no objection. mately, this legislation will result in U.S.C. 644) is amended by adding at the end Mr. CHABOT. Mr. Speaker, I yield expanding the industrial base, improv- the following new subsection: myself such time as I may consume. ing transparency and government ac- ‘‘(w) SOLICITATION NOTICE REGARDING AD- I thank Mr. BACON for introducing countability, and ensuring that high- MINISTRATION OF CHANGE ORDERS FOR CON- this good government legislation. It is quality structures are built at a rea- STRUCTION.— a protransparency bill, and it addresses sonable cost. ‘‘(1) IN GENERAL.—With respect to any so- an often overlooked problem facing Mr. Speaker, I urge my colleagues to licitation for the award of a contract for con- small Federal construction contrac- struction anticipated to be awarded to a support this bipartisan legislation, and tors. He has been a leader on this issue, I reserve the balance of my time. small business concern, the agency admin- ´ istering such contract shall provide a notice and we appreciate that very much be- Ms. VELAZQUEZ. Mr. Speaker, I along with the solicitation to prospective cause it is an important bill. yield myself such time as I may con- bidders and offerors that includes— Our Federal Government spends bil- sume. ‘‘(A) information about the agency’s poli- lions of dollars on construction annu- Mr. Speaker, I rise in support of H.R. cies or practices in complying with the re- ally, an industry that is critical to re- 4754, the Change Order Transparency quirements of the Federal Acquisition Regu- building our Nation’s aging infrastruc- for Federal Contractors Act. lation relating to the timely definitization ture. Small businesses are the lifeblood As this body seeks ways to foster of requests for an equitable adjustment; and ‘‘(B) information about the agency’s past of construction, performing in various small business growth and expansion, performance in definitizing requests for equi- roles across the entire supply chain. we must always carefully consider table adjustments in accordance with para- Unfortunately, no construction what is being done to maximize entre- graph (2). project is immune to change. Contract preneurs’ participation in the Federal ‘‘(2) REQUIREMENTS FOR AGENCIES.—An modifications or change orders are marketplace. agency shall provide the past performance prevalent in construction contracts—in As we all know, when small compa- information described under paragraph (1)(B) fact, in virtually all construction con- nies are awarded Federal contracts, the as follows: tracts. The issue arises when the Fed- result is a win-win. Small businesses ‘‘(A) For the 3-year period preceding the issuance of the notice, to the extent such in- eral agency delays executing a change provide quality goods and services at formation is available. order or issuing payment for the work affordable prices, meaning a better ‘‘(B) With respect to an agency that, on the completed. This leaves the small con- deal for the government and the tax- date of the enactment of this subsection, has tractor responsible for financing the payer. At the same time, it can mean not compiled the information described work out-of-pocket while also paying significant growth opportunity for under paragraph (1)(B)— for overhead costs. small businesses and even the need for ‘‘(i) beginning 1 year after the date of the Extended delays in payment can re- new employees. enactment of this subsection, for the 1-year sult in severe financial consequences, Yet one longstanding barrier remains period preceding the issuance of the notice; ‘‘(ii) beginning 2 years after the date of the sometimes including bankruptcy for to small business participation in the enactment of this subsection, for the 2-year small contractors. Agencies currently Federal marketplace. The practice of period preceding the issuance of the notice; do not publish information regarding contract modifications drastically and their contract modification processes delays the payment to contractors

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.014 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3801 while increasing the risk they take on, prior to bidding. As a result, they may It is vital for small-business owners and processing change orders slows unknowingly place their business in to not only get a seat at the table, but down other parts of the project, jeop- jeopardy by working with an agency to also have the same vantage point ardizing the ability of contractors to with a poor track record of timely pay- when competing for Federal contracts. meet their obligations. ment. This legislation will alleviate red tape All of this results in significant fi- This is not a hypothetical problem. and open more doors for opportunity. nancial burdens on contractors, often In our committee, we have heard busi- Mr. Speaker, I am proud to work ending in bankruptcy. This is particu- nesses over and over again go through with my colleague DON BACON on this larly true when liquidity is slim and this problem. We have to address it. bipartisan piece of legislation, and I the burden of insurance and licensures Actual businesses should not have to encourage my colleagues to support is high. worry about being paid by the Federal this bill. H.R. 4754 provides much-needed cer- Government on time. Mr. CHABOT. Mr. Speaker, I have no tainty to prospective Federal construc- While large contractors may have the further speakers on the bill at this tion contractors and subcontractors so resources and capital to absorb some of time, so I reserve the balance of my they can appropriately plan their oper- the loss, small businesses struggle to time. ations before submitting their bid for stay afloat as they wait for payment. Ms. VELA´ ZQUEZ. Mr. Speaker, I Federal work. This level of trans- In addition to financing the cost of the yield myself the balance of my time. parency is vital to securing the sur- changed work, small businesses are In closing, it is obvious that we must vival of small construction contrac- forced to pay their own bills while take this historic step in providing tors. waiting for the agency to act. This in- transparency in the contract modifica- Mr. Speaker, I urge all of the Mem- cludes payroll, material costs, and even tion process. As we contemplate ways bers to support this legislation, and I taxes. This problem is compounded and to bolster our infrastructure with the reserve the balance of my time. made even worse for small subcontrac- goal of employing millions, H.R. 4754 Mr. CHABOT. Mr. Speaker, before I tors, who are often the last in line to provides certainty to the many small yield to the principal sponsor of this receive payment. firms potentially involved in that proc- H.R. 4754 will provide prospective legislation, Mr. BACON, I would like to ess. Federal construction contractors and thank my colleague STEVE KNIGHT By requiring Federal agencies to pro- from California for working on this as subcontractors with the information spectively notify contractors of the they need prior to submitting a bid. well; and also AL LAWSON from Florida, agency processes they would be subject Agencies would be required to publish, and also STEPHANIE MURPHY from Flor- to if awarded a contract, the Federal as part of their solicitation, detailed ida. So we have two Republicans and marketplace is once again attainable information about their change order two Democrats again working together to small construction contractors. processes and timely payment data. on this on behalf of small businesses all It is critical that this Congress work This information could preserve the across the country, and I want to to remove barriers preventing small role of small contractors as part of our thank all four of those Members for firms from successfully performing industrial base by making Federal con- their leadership on this on both sides of Federal work and getting paid for all of tracts more attractive to small busi- the aisle. the work they perform. nesses and make the process more com- Mr. Speaker, I yield such time as he Mr. Speaker, I urge Members to sup- petitive. A more competitive bidding may consume to the gentleman from port this bill, and I yield back the bal- process for Federal contractors would Nebraska (Mr. BACON). ance of my time. benefit both small businesses and tax- Mr. BACON. Mr. Speaker, I thank Mr. CHABOT. Mr. Speaker, I yield payers. Chairman CHABOT for his leadership for Mr. Speaker, I urge my colleagues to myself such time as I may consume. the part of our country that is the en- support this commonsense legislation. In closing, this legislation provides a gine of our economy, small businesses, Ms. VELA´ ZQUEZ. Mr. Speaker, I level of certainty for small businesses of which 47 percent of our American yield 3 minutes to the gentleman from who contract with the Federal Govern- workers are a part. So we appreciate Florida (Mr. LAWSON), who is the lead ment. It is a commonsense, bipartisan his leadership. cosponsor of the bill. bill that benefits small firms and ought I also want to thank the ranking Mr. LAWSON of Florida. Mr. Speak- to improve efficiency within the Fed- member for her support of this bill. I er, I rise in support of H.R. 4754, the eral contracting arena. appreciate the bipartisan effort to get Change Order Transparency for Federal Mr. Speaker, I again thank Ms. this bill done. In fact, they both sum- Contractors Act. This is an important VELA´ ZQUEZ for her work in a bipartisan marized the benefits of this bill very piece of legislation that guarantees manner on this legislation. well. that small businesses have the nec- Mr. Speaker, I urge my colleagues to Mr. Speaker, I urge my colleagues to essary information regarding change support this bill, and I yield back the support H.R. 4754, the Change Order order policies from Federal agencies. balance of my time. Transparency for Federal Contractors The work of the Federal Government The SPEAKER pro tempore (Mr. Act. relies heavily on the support of our Na- MITCHELL). The question is on the mo- This bill is a commonsense, preventa- tion’s small businesses. For everything tion offered by the gentleman from tive measure designed to protect small from construction of important mili- Ohio (Mr. CHABOT) that the House sus- businesses from loss by providing them tary infrastructure to guaranteeing the pend the rules and pass the bill, H.R. with critical information up front, proper design for Federal facilities, 4754. prior to submitting a bid on a Federal small businesses are at the center of The question was taken; and (two- construction project. Ultimately, and infrastructure for the Federal work- thirds being in the affirmative) the this is the bottom line, this legislation place. rules were suspended and the bill was is about the Federal Government pay- When taking on Federal contracts, passed. ing its bills on time. small businesses are also taking a A motion to reconsider was laid on Currently, small businesses are fly- great risk. With Federal funds not al- the table. ing blind. Before they bid, they have no ways guaranteed in a timely fashion, f knowledge of an agency’s change order change orders make the work that process or history of payment. Con- small businesses perform for the Fed- WOMEN’S BUSINESS CENTERS struction is an inherently complex in- eral Government complicated and un- IMPROVEMENTS ACT OF 2018 dustry that inevitably requires changes predictable. Mr. CHABOT. Mr. Speaker, I move to to the original plan. Construction con- H.R. 4754 requires agencies to outline suspend the rules and pass the bill tractors must deal with this inevi- in a clear and defined manner the poli- (H.R. 1680) to amend the Small Busi- tability, but without knowledge of cies they have regarding change orders. ness Act to improve the women’s busi- their customer’s business practices, This will make it easier for small busi- ness center program, and for other pur- they cannot formulate accurate offers nesses to compete for and understand poses, as amended. or sufficiently plan their operations the contracts which they are awarded. The Clerk read the title of the bill.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.033 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3802 CONGRESSIONAL RECORD — HOUSE May 8, 2018 The text of the bill is as follows: menting domestic and international market a representative number of women who are H.R. 1680 opportunities, preparing and executing mar- socially or economically disadvantaged. keting plans, developing pricing strategies, ‘‘(2) RECORD RETENTION.— Be it enacted by the Senate and House of Rep- locating contract opportunities, negotiating ‘‘(A) IN GENERAL.—The Administrator shall resentatives of the United States of America in contracts, and utilizing varying public rela- maintain a copy of each application sub- Congress assembled, tions and advertising techniques. mitted under this subsection for not less SECTION 1. SHORT TITLE. ‘‘(3) TYPES OF GRANTS.— than 5 years. This Act may be cited as the ‘‘Women’s ‘‘(A) INITIAL GRANT.—The amount of an ini- ‘‘(B) PAPERWORK REDUCTION.—The Adminis- Business Centers Improvements Act of 2018’’. tial grant provided under this subsection to trator shall take steps to reduce, to the max- SEC. 2. AMENDMENTS TO WOMEN’S BUSINESS an eligible entity shall be not more than imum extent practicable, the paperwork bur- CENTER PROGRAM. $185,000 (as such amount is annually adjusted den associated with carrying out subpara- Section 29 of the Small Business Act (15 by the Administrator to reflect the change graph (A). U.S.C. 656) is amended to read as follows: in inflation). ‘‘(d) SELECTION OF ELIGIBLE ENTITIES.— ‘‘SEC. 29. WOMEN’S BUSINESS CENTER PROGRAM. ‘‘(B) ADDITIONAL GRANTS.— ‘‘(1) IN GENERAL.—In selecting recipients of ‘‘(i) IN GENERAL.—With respect to an eligi- ‘‘(a) DEFINITIONS.—In this section: initial grants, the Administrator shall con- ble entity that has received a grant, the Ad- ‘‘(1) ASSISTANT ADMINISTRATOR.—The term sider— ministrator may award an additional grant ‘Assistant Administrator’ means the Assist- ‘‘(A) the experience of the applicant in pro- of up to $65,000, to be dispersed after the ex- ant Administrator of the Office of Women’s viding entrepreneurial training; piration of the term of the initial grant Business Ownership established under sub- ‘‘(B) the amount of time needed for the ap- under this subsection if the Administrator section (l). plicant to commence operation of a women’s determines that the eligible entity— ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible business center; ‘‘(I) has agreed to obtain, after its applica- entity’ means— ‘‘(C) the capacity of the applicant to meet tion has been approved and notice of award ‘‘(A) an organization described in section the accreditation standards established has been issued, cash contributions from 501(c) of the Internal Revenue Code of 1986 under subsection (l)(4) in a timely manner; non-Federal sources of 1 non-Federal dollar and exempt from taxation under section ‘‘(D) the ability of the applicant to sustain for each Federal dollar; operations, including its ability to obtain 501(a) of such Code; ‘‘(II) is in good standing with the Women’s sufficient non-Federal funds, for a 5-year pe- ‘‘(B) a State, regional, or local economic Business Center Program; and riod; development organization, so long as the or- ‘‘(III) has met performance goals for grant ‘‘(E) the proposed location of a women’s ganization certifies that grant funds received term of the initial grant, if applicable. under this section will not be co-mingled business center to be operated by the appli- ‘‘(ii) LIMITATIONS.—The Administrator may cant eligible entity and its proximity to Vet- with other funds; only award additional grants under clause eran Business Outreach Centers and to re- ‘‘(C) an institution of higher education (as (i)— cipients of grants under section 8(b)(1) or 21; defined in section 101 of the Higher Edu- ‘‘(I) during the 3rd and 4th quarters of the and cation Act of 1965 (20 U.S.C. 1001)), unless grant term of the initial grant; and such institution is currently receiving a ‘‘(II) from unobligated amounts made ‘‘(F) the population density of the area to grant under section 21; available to the Administrator to carry out be served by the women’s business center op- ‘‘(D) a development, credit, or finance cor- this section. erated by the applicant eligible entity. ‘‘(2) SELECTION CRITERIA.— poration chartered by a State, so long as the ‘‘(C) CONTINUATION GRANTS.—The Adminis- corporation certifies that grant funds re- trator may award a continuation grant of up ‘‘(A) RULEMAKING.—The Administrator ceived under this section will not be comin- to $150,000 to an eligible entity that received shall issue regulations to specify the criteria gled with other funds; or an initial grant under subparagraph (A). for review and selection of applicants under ‘‘(E) any combination of entities listed in There shall be no limitation on the number this subsection. subparagraphs (A) through (D). of continuation grants an eligible entity ‘‘(B) MODIFICATIONS PROHIBITED AFTER AN- ‘‘(3) SMALL BUSINESS CONCERN OWNED AND may receive under this section. NOUNCEMENT.—With respect to a public an- CONTROLLED BY WOMEN.—The term ‘small ‘‘(c) APPLICATION.— nouncement of any opportunity to be award- business concern owned and controlled by ‘‘(1) INITIAL GRANTS AND CONTINUATION ed a grant under this section made by the women’ has the meaning given under section GRANTS.—To receive an initial grant or con- Administrator pursuant to subsection (j)(1), 3(n). tinuation grant under this section, an eligi- the Administrator may not modify regula- ‘‘(4) WOMEN’S BUSINESS CENTER.—The term ble entity shall submit an application to the tions issued pursuant to subparagraph (A) ‘women’s business center’ means the loca- Administrator in such form, in such manner, with respect to such opportunity unless re- tion at which counseling and training on the and containing such information as the Ad- quired to do so by an Act of Congress or an management, operations (including manu- ministrator may require, including— order of a Federal court. facturing, services, and retail), access to cap- ‘‘(A) a certification that the eligible enti- ‘‘(C) RULE OF CONSTRUCTION.—Nothing in ital, international trade, Government pro- ty— this clause may be construed as prohibiting curement opportunities, and any other mat- ‘‘(i) has designated an executive director or the Administrator from modifying the regu- ter that is needed to start, maintain, or ex- program manager, who may be compensated lations issued pursuant to subparagraph (A) pand a small business concern owned and using grant funds awarded under this section (after providing an opportunity for notice controlled by women. or other sources, to manage the women’s and comment) as such regulations apply to ‘‘(b) AUTHORITY.— business center for which a grant under sub- an opportunity to be awarded a grant under ‘‘(1) ESTABLISHMENT.—There is established section (b) is sought; and this section that the Administrator has not a Women’s Business Center Program under ‘‘(ii) meets the accounting and reporting yet publicly announced pursuant to sub- which the Administrator may provide a requirements established under guidance section (j)(1). grant to any eligible entity to operate 1 or issued by the Director of the Office of Man- ‘‘(e) MATCHING REQUIREMENTS.— more women’s business centers for the ben- agement and Budget for the eligible entity; ‘‘(1) IN GENERAL.—Subject to paragraph (5), efit of small business concerns owned and ‘‘(B) information demonstrating the expe- upon approval of an application submitted controlled by women. rience and effectiveness of the eligible entity under subsection (c), the eligible entity shall ‘‘(2) USE OF FUNDS.—The women’s business in— agree to obtain contributions from non-Fed- centers shall be designed to provide coun- ‘‘(i) provide counseling and training de- eral sources— seling and training that meets the needs of scribed under subsection (b)(2); ‘‘(A) in the first and second year of the the small business concerns owned and con- ‘‘(ii) providing training and services to a term of an initial grant, if applicable, 1 non- trolled by women, especially socially or eco- representative number of women who are so- Federal dollar for each 2 Federal dollars; and nomically disadvantaged women, and shall cially or economically disadvantaged; and ‘‘(B) in each year of the term of an initial provide— ‘‘(iii) working with resource partners of grant, if applicable, 1 non-Federal dollar for ‘‘(A) financial assistance, including train- the Administration and other entities; and each Federal dollar: ing and counseling in how to apply for and ‘‘(C) a 5-year plan that— ‘‘(2) FORM OF MATCHING FUNDS.—Not more secure business credit and investment cap- ‘‘(i) includes information relating to the than one-half of non-Federal matching funds ital, preparing and presenting financial assistance to be provided by the women’s described under paragraph (1) may be in the statements, and managing cash flow and business center in the area in which the form of in-kind contributions that are budg- other financial operations of a small busi- women’s business center is located et line items only, including office equip- ness concern; ‘‘(ii) describes the ability of the eligible en- ment and office space. ‘‘(B) management assistance, including tity to meet the needs of the market to be ‘‘(3) DISBURSEMENT OF FUNDS.—The Admin- training and counseling in how to plan, orga- served by the women’s business center, in- istrator may disburse an amount not greater nize, staff, direct, and control each major ac- cluding the ability to fundraise to obtain the than 25 percent of the total amount of a tivity and function of a small business con- matching funds required under subsection (e) grant awarded to an eligible entity before cern; and ‘‘(iii) describes the ability of the eligible such eligible entity obtains the non-Federal ‘‘(C) marketing assistance, including train- entity to provide counseling and training de- matching funds described under paragraph ing and counseling in identifying and seg- scribed under subsection (b)(2), including to (1).

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‘‘(4) FAILURE TO OBTAIN MATCHING FUNDS.— such review, provide the Assistant Adminis- ‘‘(5) SOLICITATION.—Notwithstanding any If an eligible entity fails to obtain the re- trator with a plan of action, including spe- other provision of law, an eligible entity quired matching funds described under para- cific milestones, for correcting such prob- may— graph (1), the eligible entity may not be eli- lems. ‘‘(A) solicit cash and in-kind contributions gible to receive advance disbursements pur- ‘‘(B) PLAN OF ACTION REVIEW BY THE ASSIST- from private individuals and entities to be suant to paragraph (3) during the remainder ANT ADMINISTRATOR.—The Assistant Admin- used to operate a women’s business center; of the term, if applicable, of a grant awarded istrator shall review each plan of action sub- and under this section. Before approving such eli- mitted under subparagraph (A) within 30 cal- ‘‘(B) use amounts made available by the gible entity for an additional grant or con- endar days of receiving such plan. If the As- Administrator under this section for the cost tinuation grant under this section, the Ad- sistant Administrator determines that such of such solicitation and management of the ministrator shall make a written determina- plan— contributions received. tion, including the reasons for such deter- ‘‘(i) will bring the eligible entity into com- ‘‘(6) NOTICE AND COMMENT REQUIRED.—The mination, of whether the Administrator be- pliance with all the terms of the grant agree- Administrator may only make a change to lieves that the eligible entity will be able to ment, the Assistant Administrator shall ap- the standards by which an eligible entity ob- obtain the requisite funding under paragraph prove such plan; or tains or maintains grants under this section, (1) for such additional grant or continuation ‘‘(ii) is inadequate to remedy the problems the standards for accreditation, or any other grant. identified in the annual review to which the requirement for the operation of a women’s ‘‘(5) WAIVER OF NON-FEDERAL SHARE.— plan of action relates, the Assistant Admin- business center if the Administrator first ‘‘(A) IN GENERAL.—Upon request by an eli- istrator shall set forth such reasons in writ- provides notice and the opportunity for pub- gible entity, and in accordance with this ing and provide such determination to the el- lic comment, as set forth in section 553(b) of paragraph, the Administrator may waive, in igible entity within 15 calendar days of such title 5, United States Code, without regard whole or in part, the requirement to obtain determination. to any exceptions provided for under such non-Federal matching funds for a grant ‘‘(C) AMENDMENT TO PLAN OF ACTION.—An section. awarded under this section for the eligible eligible entity receiving a determination ‘‘(g) PROGRAM EXAMINATION.— entity for a fiscal year. The Administrator under subparagraph (B)(ii) shall have 30 cal- ‘‘(1) IN GENERAL.—The Administration may not issue such a waiver for more than a endar days from the receipt of the deter- shall— total of 2 consecutive fiscal years. mination to amend the plan of action to sat- ‘‘(A) develop and implement an annual pro- ‘‘(B) CONSIDERATIONS.—In determining isfy the problems identified by the Assistant grammatic and financial examination of whether to issue a waiver under this para- Administrator and resubmit such plan to the each eligible entity, under which each such graph, the Administrator shall consider— Assistant Administrator. eligible entity shall provide to the Adminis- ‘‘(i) the economic conditions affecting the ‘‘(D) AMENDED PLAN REVIEW BY THE ASSIST- tration— eligible entity; ANT ADMINISTRATOR.—Within 15 calendar ‘‘(i) an itemized cost breakdown of actual ‘‘(ii) the impact the waiver would have on days of the receipt of an amended plan of ac- expenditures for costs incurred during the the credibility of the Women’s Business Cen- tion under subparagraph (C), the Assistant preceding year; and ter Program under this section; Administrator shall either approve or reject ‘‘(ii) documentation regarding the amount ‘‘(iii) the demonstrated ability of the eligi- such plan and provide such approval or rejec- of matching assistance from non-Federal ble entity to raise non-Federal funds; and tion in writing to the eligible entity. sources obtained and expended by the eligi- ‘‘(iv) the performance of the eligible entity ‘‘(E) APPEAL OF ASSISTANT ADMINISTRATOR ble entity during the preceding year in order under the initial grant. DETERMINATION.— to meet the requirements of subsection (e) ‘‘(C) LIMITATION.—The Administrator may ‘‘(i) IN GENERAL.—If the Assistant Adminis- and, with respect to any in-kind contribu- not issue a waiver under this paragraph if trator rejects an amended plan under sub- tions described in subsection (e)(2) that were granting the waiver would undermine the paragraph (D), the eligible entity shall have used to satisfy the requirements of sub- credibility of the Women’s Business Center the opportunity to appeal such decision to section (e), verification of the existence and Program. the Administrator, who may delegate such valuation of those contributions; and ‘‘(6) EXCESS NON-FEDERAL DOLLARS.—The appeal to an appropriate officer of the Ad- ‘‘(B) analyze the results of each such exam- amount of non-Federal dollars obtained by ministration. ination and, based on that analysis, make a an eligible entity that is above the amount ‘‘(ii) OPPORTUNITY FOR EXPLANATION.—Any determination regarding the programmatic that is required to be obtained by the eligi- appeal described under clause (i) shall pro- and financial viability of each women’s busi- ble entity under this subsection shall not be vide an opportunity for the eligible entity to ness center operated by the eligible entity. subject to the requirements of part 200 of provide, in writing, an explanation of why ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— title 2, Code of Federal Regulations, or any the eligible entity’s amended plan remedies In determining whether to award a continu- successor thereto, if such amount of non- the problems identified in the annual review ation grant, the Administrator— Federal dollars— conducted under paragraph (2)(B). ‘‘(A) shall consider the results of the most ‘‘(A) is not used as matching funds for pur- ‘‘(iii) NOTICE OF DETERMINATION.—The Ad- recent examination of the eligible entity poses of implementing the Women’s Business ministrator shall provide to the eligible enti- under paragraph (1); and Center Program; and ty a determination of the appeal, in writing, ‘‘(B) shall determine if— ‘‘(B) was not obtained using funds from the not later than 15 calendar days after the eli- ‘‘(i) the eligible entity has failed to pro- Women’s Business Center Program. gible entity files an appeal under this sub- vide, or provided inadequate, information ‘‘(f) OTHER REQUIREMENTS.— paragraph. under paragraph (1)(A); or ‘‘(1) SEPARATION OF FUNDS.—An eligible en- ‘‘(iv) EFFECT OF FAILURE TO ACT.—If the Ad- ‘‘(ii) the eligible entity has failed to pro- tity shall— ministrator fails to act on an appeal made vide any information required to be provided ‘‘(A) operate a women’s business center under this subparagraph within the 15-day by the women’s business center for purposes under this section separately from other period specified under clause (iii), the eligi- of the management report under subsection projects, if any, of the eligible entity; and ble entity’s amended plan of action sub- (k)(1), or the information provided by the ‘‘(B) separately maintain and account for mitted under subparagraph (C) shall be center is inadequate. any grants received under this section. deemed to be approved. ‘‘(h) CONTRACT AUTHORITY.— ‘‘(2) EXAMINATION OF ELIGIBLE ENTITIES.— ‘‘(4) TERMINATION OF GRANT.— ‘‘(1) ELIGIBLE ENTITY.—An eligible entity ‘‘(A) REQUIRED SITE VISIT.—Before receiv- ‘‘(A) IN GENERAL.—The Administrator shall that receives a grant under this section may ing an initial grant under this section, each terminate a grant to an eligible entity under enter into a contract with a Federal depart- applicant shall have a site visit by an em- this section if the eligible entity fails to ment or agency to provide specific assistance ployee of the Administration, in order to en- comply with— to small business concerns owned and con- sure that the applicant has sufficient re- ‘‘(i) a plan of action approved by the As- trolled by women and other underserved sources to provide the services for which the sistant Administrator under paragraph small business concerns, if performance of grant is being provided. (3)(B)(i); or such a contract does not hinder the ability of ‘‘(B) ANNUAL REVIEW.—An employee of the ‘‘(ii) an amended plan of action approved the eligible entity to carry out the terms of Administration shall— by the Assistant Administrator under para- a grant received under this section. ‘‘(i) conduct an annual review of the com- graph (3)(D)or approved on appeal under ‘‘(2) ADMINISTRATOR.—The authority of the pliance of each eligible entity receiving an paragraph (3)(E). Administrator to enter into contracts shall initial grant under this section with the ‘‘(B) APPEAL OF TERMINATION.—An eligible be in effect for each fiscal year only to the grant agreement, including a financial exam- entity shall have the opportunity to chal- extent and in the amounts as are provided in ination; and lenge the termination of a grant under sub- advance in appropriations Acts. After the ‘‘(ii) provide such review to the eligible en- paragraph (A) on the record and after an op- Administrator has entered into a contract, tity as required under subsection (j)(3). portunity for a hearing. either as a grant or a cooperative agreement, ‘‘(3) REMEDIATION OF PROBLEMS.— ‘‘(C) FINAL AGENCY ACTION.—A determina- with any applicant under this section, the ‘‘(A) PLAN OF ACTION.—If a review of an eli- tion made pursuant to subparagraph (B) Administrator shall not suspend, terminate, gible entity under paragraph (2)(B) identifies shall be considered final agency action for or fail to renew or extend any such contract any problems, the eligible entity shall, with- the purposes of chapter 7 of title 5, United unless the Administrator provides the appli- in 45 calendar days of receiving a copy of States Code. cant with written notification setting forth

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the reasons therefore and affords the appli- ‘‘(A) STUDY.—The Administrator shall peri- ‘‘(i) ensure women are well-represented in cant an opportunity for a hearing, appeal, or odically conduct a study to identify indus- those programs and being served by those other administrative proceeding under chap- tries, as defined under the North American programs; and ter 5 of title 5, United States Code. Industry Classification System, underrep- ‘‘(ii) identify gaps where participation by ‘‘(i) PRIVACY REQUIREMENTS.— resented by small business concerns owned women in those programs could be increased. ‘‘(1) IN GENERAL.—A women’s business cen- and controlled by women. ‘‘(4) ACCREDITATION PROGRAM.— ter may not disclose the name, address, or ‘‘(B) REPORT.—Not later than 3 years after ‘‘(A) ESTABLISHMENT.—Not later than 270 telephone number of any individual or small the date of enactment of this subsection, and days after the date of enactment of this business concern receiving assistance under every 5 years thereafter, the Administrator paragraph, the Administrator shall publish this section without the consent of such in- shall submit to the Committee on Small standards for a program to accredit eligible dividual or small business concern, unless— Business and Entrepreneurship of the Senate entities that receive a grant under this sec- ‘‘(A) the Administrator is ordered to make and the Committee on Small Business of the tion. such a disclosure by a court in any civil or House of Representatives a report on the re- ‘‘(B) PUBLIC COMMENT; TRANSITION.—Before criminal enforcement action initiated by a sults of each study under paragraph (1) con- publishing the standards under subparagraph Federal or State agency; or ducted during the 5-year period ending on (A), the Administrator— ‘‘(B) the Administrator considers such a the date of the report. ‘‘(i) shall provide a period of not less than disclosure to be necessary for the purpose of 60 days for public comment on such stand- conducting a financial audit of a women’s ‘‘(l) OFFICE OF WOMEN’S BUSINESS OWNER- ards; and business center, except that such a disclo- SHIP.— ‘‘(ii) may not terminate a grant under this sure shall be limited to the information nec- ‘‘(1) ESTABLISHMENT.—There is established section absent evidence of fraud or other essary for such audit. within the Administration an Office of Wom- criminal misconduct by the recipient. ‘‘(2) ADMINISTRATION USE OF INFORMATION.— en’s Business Ownership, which shall be re- ‘‘(C) CONTRACTING AUTHORITY.—The Admin- This subsection shall not— sponsible for the administration of the Ad- istrator may provide financial assistance, by ‘‘(A) restrict Administration access to ministration’s programs for the development contract or otherwise, to a relevant national women’s business center data; or of women’s business enterprises (as defined women’s business center representative asso- ‘‘(B) prevent the Administration from in section 408 of the Women’s Business Own- ciation to provide assistance in establishing using information about individuals who use ership Act of 1988 (15 U.S.C. 7108)). The Office the standards required under subparagraph women’s business centers (other than the in- of Women’s Business Ownership shall be ad- (A) or for carrying out an accreditation pro- formation described in subparagraph (A)) to ministered by an Assistant Administrator, gram pursuant to such standards. conduct surveys of such individuals. who shall be appointed by the Adminis- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) REGULATIONS.—The Administrator trator. ‘‘(1) IN GENERAL.—There are authorized to shall issue regulations to establish standards ‘‘(2) ASSISTANT ADMINISTRATOR OF THE OF- be appropriated to the Administration to for disclosures for purposes of a financial FICE OF WOMEN’S BUSINESS OWNERSHIP.— carry out this section, to remain available audit under paragraph (1)(B). ‘‘(A) QUALIFICATION.—The position of As- until expended, $21,750,000 for each of fiscal ‘‘(j) NOTIFICATION REQUIREMENTS UNDER sistant Administrator shall be a Senior Ex- years 2019 through 2022. THE WOMEN’S BUSINESS CENTER PROGRAM.— ecutive Service position under section The Administrator shall provide the fol- ‘‘(2) USE OF AMOUNTS.— 3132(a)(2) of title 5, United States Code. The lowing: ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) A public announcement of any oppor- Assistant Administrator shall serve as a subparagraph (B), amounts made available tunity to be awarded grants under this sec- noncareer appointee (as defined in section under this subsection for fiscal year 2018, and tion, to include the selection criteria under 3132(a)(7) of that title). each fiscal year thereafter, may only be used subsection (d) and any applicable regula- ‘‘(B) DUTIES.—The Assistant Administrator for grant awards and may not be used for tions. shall administer the programs and services costs incurred by the Administration in con- ‘‘(2) To any applicant for a grant under this of the Office of Women’s Business Ownership nection with the management and adminis- section that failed to obtain such a grant, an and perform the following functions: tration of the program under this section. opportunity to debrief with the Adminis- ‘‘(i) Recommend the annual administrative ‘‘(B) EXCEPTIONS.—Of the amount made trator to review the reasons for the appli- and program budgets of the Office and eligi- available under this subsection for a fiscal cant’s failure. ble entities receiving a grant under the year, the following amounts shall be avail- ‘‘(3) To an eligible entity that receives an Women’s Business Center Program. able: initial grant under this section, if a site visit ‘‘(ii) Review the annual budgets submitted ‘‘(i) For the first fiscal year beginning or review of the eligible entity is carried out by each eligible entity receiving a grant after the date of the enactment of this sub- by an officer or employee of the Administra- under the Women’s Business Center Pro- paragraph, 2.65 percent. tion (other than the Inspector General), a gram. ‘‘(ii) For the second fiscal year beginning copy of the site visit report or evaluation, as ‘‘(iii) Collaborate with other Federal de- after the date of the enactment of this sub- applicable, within 30 calendar days of the partments and agencies, State and local gov- paragraph and each fiscal year thereafter completion of such visit or evaluation. ernments, not-for-profit organizations, and through fiscal year 2022, 2.5 percent. ‘‘(k) REPORTS.— for-profit organizations to maximize utiliza- ‘‘(3) EXPEDITED ACQUISITION.—Notwith- ‘‘(1) MANAGEMENT REPORT.— tion of taxpayer dollars and reduce (or elimi- standing any other provision of law, the Ad- ‘‘(A) IN GENERAL.—The Administrator shall nate) any duplication among the programs ministrator may use such expedited acquisi- prepare and submit to the Committee on overseen by the Office of Women’s Business tion methods as the Administrator deter- Small Business of the House of Representa- Ownership and those of other entities that mines to be appropriate to carry out this tives and the Committee on Small Business provide similar services to women entre- section, except that the Administrator shall and Entrepreneurship of the Senate a report preneurs. ensure that all small business sources are on the effectiveness of women’s business cen- ‘‘(iv) Maintain a clearinghouse to provide provided a reasonable opportunity to submit ters operated through a grant awarded under for the dissemination and exchange of infor- proposals.’’. this section. mation between women’s business centers. SEC. 3. EFFECT ON EXISTING GRANTS. ‘‘(B) CONTENTS.—Each report submitted ‘‘(v) Serve as the vice chairperson of the (a) TERMS AND CONDITIONS.—A nonprofit under paragraph (1) shall include informa- Interagency Committee on Women’s Busi- organization receiving a grant under section tion concerning, with respect to each wom- ness Enterprise and as the liaison for the Na- 29(m) of the Small Business Act (15 U.S.C. en’s business center established pursuant to tional Women’s Business Council. 656(m)), as in effect on the day before the a grant awarded under this section— ‘‘(3) MISSION.—The mission of the Office of date of enactment of this Act, shall continue ‘‘(i) the number of individuals receiving as- Women’s Business Ownership shall be to as- to receive the grant under the terms and sistance; sist women entrepreneurs to start, grow, and conditions in effect for the grant on the day ‘‘(ii) the number of startup business con- compete in global markets by providing before the date of enactment of this Act, ex- cerns formed; quality support with access to capital, access cept that the nonprofit organization may not ‘‘(iii) the gross receipts of assisted con- to markets, job creation, growth, and coun- apply for a continuation of the grant under cerns; seling by— section 29(m)(5) of the Small Business Act (15 ‘‘(iv) the employment increases or de- ‘‘(A) fostering participation of women en- U.S.C. 656(m)(5)), as in effect on the day be- creases of assisted concerns; trepreneurs in the economy by overseeing a fore the date of enactment of this Act. ‘‘(v) to the maximum extent practicable, network of women’s business centers (b) LENGTH OF CONTINUATION GRANT.—The increases or decreases in profits of assisted throughout States and territories; Administrator of the Small Business Admin- concerns; and ‘‘(B) creating public-private partnerships istration may award a grant under section ‘‘(vi) the most recent analysis, as required to support women entrepreneurs and conduct 29(m) of the Small Business Act, as amended under subsection (g)(1)(B), and the subse- outreach and education to small business by this Act, to a nonprofit organization re- quent determination made by the Adminis- concerns owned and controlled by women; ceiving a grant under section 29(m) of the tration under that subsection. and Small Business Act (15 U.S.C. 656(m)), as in ‘‘(2) STUDY AND REPORT ON REPRESENTATION ‘‘(C) working with other programs of the effect on the day before the date of enact- OF WOMEN.— Administrator to— ment of this Act, for the period—

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.015 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3805 (1) beginning on the day after the last day While many of these requirements have Mr. Speaker, I urge Members to sup- of the grant agreement under such section been met in practice, the inclusion of port this legislation, and I reserve the 29(m); and these standards in statute allows for balance of my time. (2) ending at the end of the third fiscal increased congressional oversight and Mr. CHABOT. Mr. Speaker, before I year beginning after the date of enactment of this Act. program confidence. turn it over to the gentleman, the prin- H.R. 1680 also increases the WBC cipal sponsor of the bill, I want to SEC. 4. REGULATIONS. grant award to reflect inflation. This Not later than 270 days after the date of thank our colleague Mr. LAWSON for his the enactment of this Act, the Adminis- minor increase provides new and exist- work on this bill as well. Again, we trator of Small Business Administration ing women’s business centers with the have been bipartisan, Republican and shall publish in the Federal Register such support they need to provide an effec- Democrat, working together to ad- regulations as are necessary to carry out tive course curriculum to small busi- vance, in this case, women entre- section 29 of the Small Business Act (15 ness clients. preneurs all across the country. U.S.C. 656), as amended by this Act. The Ad- Additionally, H.R. 1680 requires the Mr. Speaker, I yield such time as he ministrator shall accept public comments on SBA to establish a WBC accreditation may consume to the gentleman from such proposed regulations for a period of not program. This program, similar to the less than 60 days. California (Mr. KNIGHT), the chairman successful small business development of the Subcommittee on Contracting The SPEAKER pro tempore. Pursu- center accreditation program, will en- and Workforce. ant to the rule, the gentleman from sure pragmatic consistency among Mr. KNIGHT. Mr. Speaker, I thank Ohio (Mr. CHABOT) and the gentle- WBC locations and guarantee that each the chairman for his leadership. I woman from New York (Ms. center is providing women entre- thank Mr. LAWSON and Ranking Mem- VELA´ ZQUEZ) each will control 20 min- preneurs with effective training oppor- ber VELA´ ZQUEZ for their leadership in utes. tunities. These updates will ensure this very, very important measure. The Chair recognizes the gentleman that the funds supporting the WBC pro- Mr. Speaker, I do rise today in sup- from Ohio. gram are used efficiently and to foster port of the Women’s Business Centers GENERAL LEAVE economic growth. Improvements Act of 2018. Mr. CHABOT. Mr. Speaker, I ask H.R. 1680 is an important step to en- I introduced H.R. 1680 so that the unanimous consent that all Members suring that the more than 11.6 million outstanding growth our country has may have 5 legislative days to revise women-owned small businesses con- seen within women’s entrepreneurship and extend their remarks and include tinue to grow and that the next genera- within the last decade can continue. extraneous material on the bill under tion of women entrepreneurs have the Over the last 10 years, the number of consideration. opportunity to pursue business cre- women-owned small businesses has in- The SPEAKER pro tempore. Is there ation. For that reason, I urge my col- creased by 114 percent. With women- objection to the request of the gen- leagues to support H.R. 1680. owned firms growing more than two tleman from Ohio? Mr. Speaker, I reserve the balance of and a half times faster than the aver- There was no objection. my time. age business, we must recognize women Mr. CHABOT. Mr. Speaker, I yield b 1415 entrepreneurs as a driving force in the myself such time as I may consume. ´ U.S. economy. Mr. Speaker, I rise today in support Ms. VELAZQUEZ. Mr. Speaker, I yield myself as much time as I may The legislation modernizes both the of H.R. 1680, the Women’s Business Small Business Administration’s Office Centers Improvements Act of 2018, consume. Mr. Speaker, I rise in support of H.R. of Women’s Business Ownership and which was introduced by the gen- 1680, the Women’s Business Centers Im- the SBA’s Women’s Business Centers tleman from California (Mr. KNIGHT), provements Act of 2018. program. who is also the chairman of the Sub- Small businesses are as diverse as The Office of Women’s Business Own- committee on Contracting and Work- our Nation, and the SBA entrepre- ership administers the grant program force and who has been a very active neurial development initiatives are no that funds women’s business centers. member of that committee for quite different. H.R. 1680 would require consistent some time now. Women’s business centers, or WBCs, standards and application require- This legislation makes key updates are a critical initiative for female en- ments for grant recipients, ensuring to the Small Business Administration’s trepreneurs. WBCs provide in-depth that those centers have the ability to Office of Women’s Business Ownership counseling, training, and mentoring to provide women with small business and the Women’s Business Center, or small firms, resulting in substantial counseling and training. WBC, program. economic impact. The bill also institutes commonsense The WBC program provides grants to Women businessowners have used oversight requirements, standards for over 100 nonprofit organizations across this program to develop business plans, continued funding, and conditions of the country to provide socially and obtain financing, and expand their op- participation. This will increase con- economically disadvantaged women erations. As more women turn to en- gressional accountability and responsi- with technical and managerial training trepreneurship as a career path, it is bility. designed to meet the needs of women critical this initiative remain in place H.R. 1680 will allow millions of entrepreneurs. Many women’s business to close these gaps. women throughout the country contin- centers offer training at night, or in Women are the fastest growing sector ued access to reliable and effective multiple languages, to ensure that all of entrepreneurs, and as more women small business resources. women have the small business knowl- establish home-based businesses, Mr. Speaker, I urge my colleagues to edge, tools, and support they need downsize from corporate executive po- support H.R. 1680. when creating or sustaining a business. sitions, these centers are crucial in ad- Ms. VELA´ ZQUEZ. Mr. Speaker, I Last year, WBCs trained over 114,000 dressing the whole range of women’s yield 3 minutes to the gentleman from clients and advised over 26,000 individ- entrepreneurial needs. Florida (Mr. LAWSON), the ranking uals. This training and counseling con- The Women’s Business Centers Im- member of the Subcommittee on tributed to the creation of more than provements Act builds upon their suc- Health and Technology. 17,000 new small businesses in the cess by creating uniformity through Mr. LAWSON of Florida. Mr. Speak- United States. Clearly, the Women’s accreditation for WBCs and increasing er, I rise in support of H.R. 1680, the Business Center program has a pro- maximum grant levels to ensure they Women’s Business Centers Improve- found impact not only in our local have the resources to meet the growing ments Act. This is a critically impor- communities, but also on our Nation’s demand for their services. tant piece of legislation that supports economy overall. We all agree that women our Nation’s women-owned small busi- H.R. 1680 authorizes the WBC pro- businessowners offer invaluable con- nesses. gram, requiring specific conditions for tributions to our economy, so we must Women’s Business Centers support participation and application criteria step up to help them, and this legisla- women-owned businesses through coun- for organizations seeking a WBC grant. tion achieves that. seling and technical assistance. This

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.015 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3806 CONGRESSIONAL RECORD — HOUSE May 8, 2018 network of educational centers is the A motion to reconsider was laid on ‘‘(o) NO PROHIBITION OF MARKETING OF nexus for women who are either look- the table. SERVICES.—The Administrator shall not pro- ing to start a business or looking to hibit applicants receiving grants under this f section from marketing and advertising grow their business to the next level. SMALL BUSINESS DEVELOPMENT their services to individuals and small busi- This bill clarifies the work of the Of- ness concerns.’’. fice of Women’s Business Ownership CENTERS IMPROVEMENT ACT OF 2018 SEC. 4. DATA COLLECTION. within the SBA to help women entre- (a) IN GENERAL.—Section 21(a)(3)(A) of the preneurs compete in a global market. Mr. CHABOT. Mr. Speaker, I move to Small Business Act (15 U.S.C. 648(a)(3)(A)) is Specifically, there are more than 11.6 suspend the rules and pass the bill amended— million small businesses owned by (H.R. 1702) to amend the Small Busi- (1) by striking ‘‘as provided in this section women, who employ nearly 9 million ness Act to improve the small business and’’ and inserting ‘‘as provided in this sec- people. Further, there are roughly 5.4 development centers program, and for tion,’’; and (2) by inserting before the period at the end million businesses owned by women of other purposes, as amended. the following: ‘‘, and (iv) governing data col- color, employing over 2.1 million peo- The Clerk read the title of the bill. lection activities related to applicants re- ple. The text of the bill is as follows: ceiving grants under this section’’. I am proud to work with my col- H.R. 1702 (b) ANNUAL REPORT ON DATA COLLECTION.— league, Mr. STEPHEN KNIGHT, on a bi- Be it enacted by the Senate and House of Rep- Section 21 of the Small Business Act (15 partisan bill to increase the level of resentatives of the United States of America in U.S.C. 648), as amended by section 3 of this support for women businessowners so Congress assembled, Act, is further amended by adding at the end the following: SECTION 1. SHORT TITLE. that we can guarantee that women en- ‘‘(p) ANNUAL REPORT ON DATA COLLEC- trepreneurs have the on-the-ground re- This subtitle may be cited as the ‘‘Small TION.—The Administrator shall report annu- sources for them to strive. Business Development Centers Improvement ally to the Committee on Small Business of I might point out that in the com- Act of 2018’’. the House of Representatives and the Com- mittee we learned that women-owned SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL mittee on Small Business and Entrepreneur- businesses are the fastest growing busi- DEVELOPMENT PROGRAMS. ship of the Senate on any data collection ac- The Small Business Act (15 U.S.C. 631 et nesses in America. tivities related to the Small Business Devel- seq.) is amended— opment Center Program.’’. Mr. Speaker, I encourage my col- (1) by redesignating section 47 as section (c) WORKING GROUP TO IMPROVE DATA COL- leagues to support this nonpartisan 48; and LECTION.— bill, H.R. 1680. (2) by inserting after section 46 the fol- (1) ESTABLISHMENT AND STUDY.—The Ad- Ms. VELA´ ZQUEZ. Mr. Speaker, I lowing new section: ministrator of the Small Business Adminis- yield myself the balance of my time. ‘‘SEC. 47. USE OF AUTHORIZED ENTREPRE- tration shall establish a group to be known Mr. Speaker, the United States has NEURIAL DEVELOPMENT PRO- as the ‘‘Data Collection Working Group’’ over 9 million women-owned firms, GRAMS. consisting of members from entrepreneurial over one-third of all firms. Our econ- ‘‘(a) EXPANDED SUPPORT FOR ENTRE- development grant recipients associations PRENEURS and organizations and officials from the omy relies heavily on women-owned .— ‘‘(1) IN GENERAL.—Notwithstanding any Small Business Administration, to carry out small businesses, as they generate over other provision of law, the Administrator a study to determine the best way to capture $1 trillion in revenues and employ over shall only deliver entrepreneurial develop- data collection and create or revise existing 8 million workers. H.R. 1680 ensures ment services, entrepreneurial education, systems dedicated to data collection. that they have access to the tools they support for the development and mainte- (2) REPORT.—Not later than the end of the need to succeed. nance of clusters, or business training 180-day period beginning on the date of the Because nearly half of aspiring through a program authorized under— enactment of this Act, the Data Collection women businessowners report a lack of ‘‘(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22, Working Group shall issue a report to the Committee on Small Business of the House available mentors, we must take action 29, or 32 of this Act; or ‘‘(B) sections 358 or 389 of the Small Busi- of Representatives and the Committee on to break down the barriers hindering ness Investment Act of 1958. Small Business and Entrepreneurship of the their success. That is why it is impera- ‘‘(2) EXCEPTION.—This section shall not Senate containing the findings and deter- tive for us to pass this legislation apply to services provided to assist small minations made in carrying out the study re- today, ensuring access to mentorship business concerns owned by an Indian tribe quired under paragraph (1), including— and professional guidance to the fast- (as such term is defined in section 8(a)(13)). (A) recommendations for revising existing est growing group of entrepreneurs. ‘‘(b) ANNUAL REPORT.—Beginning on the data collection practices; and Today’s measure is endorsed by the first December 1 after the date of the enact- (B) a proposed plan for the Small Business Administration to implement such rec- Association of Women’s Business Cen- ment of this subsection, the Administrator shall annually report to the Committee on ommendations. ters, along with other organizations. SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND Mr. Speaker, I urge Members to sup- Small Business of the House of Representa- tives and the Committee on Small Business COSPONSORSHIPS. port this bill, and I yield back the bal- and Entrepreneurship of the Senate on all Section 21(a)(3) of the Small Business Act ance of my time. entrepreneurial development activities un- (15 U.S.C. 648(a)(3)(C)), as amended by section Mr. CHABOT. Mr. Speaker, I yield dertaken in the current fiscal year through a 4, is further amended by adding at the end myself such time as I may consume. program described in subsection (a). Such re- the following: ‘‘(D) FEES FROM PRIVATE PARTNERSHIPS Mr. Speaker, almost 40 percent of all port shall include— AND COSPONSORSHIPS.—A small business de- ‘‘(1) a description and operating details for firms in the United States are women- velopment center that participates in a pri- each program and activity; owned, and over the last 10 years that vate partnership or cosponsorship with the number has more than doubled. ‘‘(2) operating circulars, manuals, and Administration shall not be prohibited from It is important to recognize women standard operating procedures for each pro- collecting fees or other income related to the entrepreneurs as a driving force in the gram and activity; operation of such a private partnership or ‘‘(3) a description of the process used to cosponsorship.’’. American economy. This legislation, I award grants under each program and activ- think, goes a long way in recognizing SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOP- ity; MENT CENTERS. that and actually improving it over the ‘‘(4) a list of all awardees, contractors, and Subclause (I) of section 21(a)(4)(C)(v) of the upcoming years. vendors (including organization name and lo- Small Business Act (15 U.S.C. 648(a)(4)(C)(v)) Mr. Speaker, I urge my colleagues to cation) and the amount of awards for the is amended to read as follows: support this bipartisan legislation, and current fiscal year for each program and ac- ‘‘(I) IN GENERAL.—Of the amounts made I yield back the balance of my time. tivity; available in any fiscal year to carry out this The SPEAKER pro tempore. The ‘‘(5) the amount of funding obligated for section, not more than $600,000 may be used question is on the motion offered by the current fiscal year for each program and by the Administration to pay expenses enu- activity; and the gentleman from Ohio (Mr. CHABOT) merated in subparagraphs (B) through (D) of ‘‘(6) the names and titles for those individ- section 20(a)(1).’’. that the House suspend the rules and uals responsible for each program and activ- pass the bill, H.R. 1680, as amended. SEC. 7. CONFIDENTIALITY REQUIREMENTS. ity.’’. Section 21(a)(7)(A) of the Small Business The question was taken; and (two- SEC. 3. MARKETING OF SERVICES. Act (15 U.S.C. 648(a)(7)(A)) is amended by in- thirds being in the affirmative) the Section 21 of the Small Business Act (15 serting after ‘‘under this section’’ the fol- rules were suspended and the bill, as U.S.C. 648) is amended by adding at the end lowing: ‘‘to any State, local, or Federal amended, was passed. the following: agency, or to any third party’’.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.037 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3807 SEC. 8. LIMITATION ON AWARD OF GRANTS TO The importance of the assistance of- H.R. 1702 is a comprehensive bill pro- SMALL BUSINESS DEVELOPMENT fered at SBDCs really cannot be over- viding necessary steps forward to ad- CENTERS. (a) IN GENERAL.—Section 21 of the Small stated. In fiscal year 2017 alone, last vance our Nation’s entrepreneurial eco- Business Act (15 U.S.C. 648), as amended by year, SBDCs trained over 245,000 clients nomic system. section 4, is further amended— and advised over 188,000 individuals, re- Mr. Speaker, I urge Members to sup- (1) in subsection (a)(1), by striking ‘‘any sulting in the creation of over 14,000 port this legislation, and I reserve the women’s business center operating pursuant new small businesses and the infusion balance of my time. to section 29,’’; and of roughly $5.6 billion into the Amer- Mr. CHABOT. Mr. Speaker, I yield (2) by adding at the end the following: ican economy. such time as he may consume to the ‘‘(q) LIMITATION ON AWARD OF GRANTS.—Ex- For every Federal dollar appro- cept for not-for-profit institutions of higher gentleman from Kentucky (Mr. education, and notwithstanding any other priated to the SBDC program, $43.50 in COMER), a very valuable member of the provision of law, the Administrator may not new capital was generated. The legisla- Small Business Committee. award grants (including contracts and coop- tion we are discussing today will only Mr. COMER. Mr. Speaker, I thank erative agreements) under this section to serve to increase the impact of SBDCs. the chairman for yielding. any entity other than those that received H.R. 1702 includes a number of com- Mr. Speaker, H.R. 1709, the Small grants (including contracts and cooperative monsense updates to the SBDC pro- Business Development Centers Im- agreements) under this section prior to the gram. This legislation will increase provement Act of 2018, expands support date of the enactment of this subsection, and awareness of the technical and mana- that seek to renew such grants (including for entrepreneurs by modernizing the contracts and cooperative agreements) after gerial training opportunities offered at statute governing the Small Business such date.’’. centers by allowing SBDCs to market Administration’s Small Business De- (b) RULE OF CONSTRUCTION.—The amend- and advertise their products and serv- velopment Centers program. ments made by this section may not be con- ices. This simple change can have a Small Business Development Cen- strued as prohibiting a women’s business significant impact on our economy by ters, or SBDCs, provide entrepreneurs center (as described under section 29 of the ensuring that those entrepreneurs and small-business owners with busi- Small Business Act (15 U.S.C. 656)) from re- seeking to start or scale a business ness counseling and training at rough- ceiving a subgrant from an entity receiving know where to turn for help. a grant under section 21 of the Small Busi- ly 1,000 locations throughout the coun- ness Act (15 U.S.C. 648). Additionally, H.R. 1702 will strength- try. en the SBDC accreditation process and These centers, spanning rural and The SPEAKER pro tempore. Pursu- ensure client information remains con- urban areas alike, have had an im- ant to the rule, the gentleman from fidential. These changes facilitate the mense impact on the American econ- Ohio (Mr. CHABOT) and the gentle- efficient and effective use of taxpayer omy. As a result of SBDC training, a woman from New York (Ms. dollars at every SBDC. new job is created every 51⁄2 minutes, a VELA´ ZQUEZ) each will control 20 min- Through H.R. 1702, this legislation, new business is created every 30 min- utes. we will provide greater support to the utes, and $100,000 in sales is generated The Chair recognizes the gentleman men and women throughout our coun- from Ohio. every 8.2 minutes. try who are working tirelessly to cre- The SBDC program is providing GENERAL LEAVE ate jobs, enhance our communities, and small-business owners and entre- Mr. CHABOT. Mr. Speaker, I ask support our economies. preneurs with the resources they need unanimous consent that all Members Mr. Speaker, I urge my colleagues to to be successful. may have 5 legislative days to revise support this legislation, and I reserve H.R. 1702 further expands support for and extend their remarks and include the balance of my time. entrepreneurs by ensuring that the ´ extraneous material on the bill under Ms. VELAZQUEZ. Mr. Speaker, I SBA focuses its resources and atten- consideration. yield myself as much time as I may tion on congressionally authorized en- The SPEAKER pro tempore. Is there consume. trepreneurial development programs, objection to the request of the gen- Mr. Speaker, I rise in support of H.R. such as SBDCs. This provision will pro- tleman from Ohio? 1702, the Small Business Development mote operational efficiency within There was no objection. Centers Improvement Act. these programs, to the benefit of both Mr. CHABOT. Mr. Speaker, I yield Whether it is helping to create a small-business owners and taxpayers. myself such time as I may consume. business plan, navigate the procure- Additionally, this legislation allows Mr. Speaker, H.R. 1702, the Small ment process, market a new product, SBDCs to market or advertise their Business Development Centers Im- or identify international trade oppor- business counseling and training pro- provement Act of 2018, will expand the tunities, the SBA’s entrepreneurial de- grams. This will increase the impact of resources available to America’s entre- velopment programs provide an array SBDCs by ensuring that entrepreneurs preneurs through the nearly 1,000 small of services to help small firms navigate and small-business owners are aware of business development centers, or obstacles, grow, and thrive. the resources available to them. SBDCs, located throughout the coun- Entrepreneurs, therefore, signifi- try. cantly benefit from having tools to Mr. Speaker, I thank the gentleman identify, fiscally plan for, and main- b 1430 from Pennsylvania (Mr. EVANS) for in- tain critical business improvements. Finally, H.R. 1702 includes minor pro- troducing this bill. Entrepreneurs located throughout grammatic updates, including con- Over 99 percent of all businesses in the country, including in underserved fidentiality requirements and data col- our Nation are small, and those busi- rural and inner-city communities, ben- lection requirements that allow for the nesses employ nearly 60 million Ameri- efit from accessible, affordable tech- continued integrity of the SBDC pro- cans. The U.S. economy depends on the nical assistance. This reduces their iso- gram overall. success of small businesses. Providing lation from buyers and other busi- Small business development centers support to entrepreneurs and small- nesses. serve an important purpose in fur- business owners must be a priority for In addition to outreach, hands-on thering entrepreneurship and business this Congress, and SBDCs offer that counseling is critical for businesses to creation throughout the United States. support. obtain information pertinent to their H.R. 1702 allows SBDCs to continue to Small business development centers local market and capacities. That is fulfill this purpose. offer low- or no-cost business coun- why SBDCs are so critical to our local I urge my colleagues to support the seling and training to aspiring entre- communities. bill. preneurs and existing small-business Today’s bill modernizes and strength- Ms. VELA´ ZQUEZ. Mr. Speaker, I owners alike. The support offered at ens the SBDC network by improving yield 5 minutes to the gentleman from these centers ranges from creating the data collection, streamlining collabo- Pennsylvania (Mr. EVANS), who is the first business plan, commercial adver- ration, reducing paperwork, and allow- ranking member of the Subcommittee tising and branding, and navigating the ing additional outreach on marketing on Economic Growth, Tax and Capital international trade market. to be performed. Access and also a sponsor of the bill.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.017 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3808 CONGRESSIONAL RECORD — HOUSE May 8, 2018 Mr. EVANS. Mr. Speaker, I rise in entrepreneurs are trained, and 14 mil- fered by the SBDCs, and this bill im- support of H.R. 1702, the Small Busi- lion new businesses were created be- proves and modernizes that network. ness Development Centers Improve- cause of SBDCs. I again want to commend Mr. EVANS ment Act of 2018. Sometimes small businesses will uti- for formulating this bill, pushing it I want to thank my colleague, Con- lize traditional sources such as their through, and now taking this impor- gressman BLUM of Iowa, for working local banks, but many small bank own- tant step in actually entering it into with me to help American small busi- ers will attest, sometimes avenues are the law. nesses via this critical Small Business not available, and that is where the I urge my colleagues to support this Development Centers bill. SBA can be a lifesaver. Among the im- bipartisan legislation, and I yield back The small business development cen- provements we can make, we can work the balance of my time. ters provide assistance in Philadelphia to make SBDCs better through the The SPEAKER pro tempore. The and nationwide to small businesses and grants, loans, and other assistance to question is on the motion offered by aspiring entrepreneurs throughout the make SBDCs the garage of today, so the gentleman from Ohio (Mr. CHABOT) United States and its territories. that when an entrepreneur from North that the House suspend the rules and SBDCs help entrepreneurs from Ogontz Philly has a dream, guts, and moxie to pass the bill, H.R. 1702, as amended. Avenue to Broad Street to realize the walk into one, they are not laughed at The question was taken; and (two- thirds being in the affirmative) the dream of owning a business and help and turned away or spurned away. rules were suspended and the bill, as existing businesses remain competitive Let’s face it: many of the people who in a complex, ever-changing global amended, was passed. have that dream and inspiration are A motion to reconsider was laid on marketplace. not experts at spreadsheets, invoice the table. SBDCs are hosted by leading univer- management, and contract jargon. sities and State economic development This is a goal, as a member of this f agencies and funded, in part, through a important committee, to ensure that SPURRING BUSINESS IN partnership with SBA. SBA advisers any American can use the SBDC as a COMMUNITIES ACT OF 2017 provide aspiring and current small- garage, like the Steve Jobs, Bill Gates, Mr. CHABOT. Mr. Speaker, I move to business owners a variety of free busi- and Angela Riches of the world. Mr. suspend the rules and pass the bill ness counseling and low-cost training Speaker, that is what the American (H.R. 4111) to amend the Small Busi- centers and business development Dream is all about. ness Investment Act of 1958 to improve plans, manufacturing assistance, finan- I look forward to working with my the number of small business invest- cial packaging, lending assistance, ex- colleague, Congressman BLUM, and ment companies in underlicensed porting and importing support, disaster other members of the committee. I es- States, and for other purposes. recovery assistance, procurement and pecially want to thank all of the mem- The Clerk read the title of the bill. contracting aid, market research help bers of the committee working to- The text of the bill is as follows: and program support, and healthcare gether because, when areas such as H.R. 4111 guidance. North Philly, West Philly, South Be it enacted by the Senate and House of Rep- Mr. Speaker, last week, at the Enter- Philly, Narberth, Bala Cynwyd, or Ard- resentatives of the United States of America in prise Center Minority Business Devel- more have investment and capital Congress assembled, opment Center in Philadelphia, run by needs, they know where to go and SECTION 1. SHORT TITLE. an incredibly capable woman by the whom to ask for the SBA assistance. This Act may be cited as the ‘‘Spurring name of Della Clark, I had the honor of Mr. Speaker, I thank my colleagues, Business in Communities Act of 2017’’. hosting the gentlewoman from New and I encourage them to vote ‘‘yes’’ on SEC. 2. IMPROVING THE NUMBER OF SMALL BUSINESS INVESTMENT COMPANIES York, Ranking Member VELA´ ZQUEZ, at H.R. 1702. IN UNDERLICENSED STATES. a roundtable for women entrepreneurs. Ms. VELA´ ZQUEZ. Mr. Speaker, I The Small Business Investment Act of 1958 I want to take a moment to thank yield myself the balance of my time. (15 U.S.C. 661 et seq.) is amended— the participants, the audience, and the There is no question that we need to (1) in section 103 (15 U.S.C. 662)— community, as this is the type of col- support the cornerstone of the SBA’s (A) in paragraph (18)(E), by striking ‘‘and’’ laboration necessary to ensure that we entrepreneurial programs, the small at the end; use small businesses and the SBDCs as business development centers. H.R. 1702 (B) in paragraph (19), by striking the pe- riod at the end and inserting ‘‘; and’’; and another tool in the toolbox to help re- does just that by updating marketing (C) by adding at the end the following: vitalize our city and remake it. strategies and requiring more report- ‘‘(20) the term ‘underlicensed State’ means Roundtables like those last week in ing so we can better understand the a State in which the number of licensees per Philadelphia are where entrepreneurs system provided to our constituencies. capita is less than the median number of li- can share information, resources, and Today’s bill is endorsed by America’s censees per capita for all States, as cal- expertise, like background on small SBDCs, an association representing the culated by the Administrator.’’; business development centers, with 63 SBDC networks and their nearly (2) in section 301(c) (15 U.S.C. 681(c))— those who may not be aware of them. 1,000 centers. (A) in paragraph (3)— Access to capital is key for entre- I would like to thank Representative (i) in subparagraph (B)(iii), by striking ‘‘and’’ at the end; preneurs in Philadelphia that look to EVANS for leading this bill and all his (ii) in subparagraph (C), by striking the pe- start new business ventures and expand efforts to improve the program. I would riod at the end and inserting ‘‘; and’’; and existing ones. Economic development, also like to thank Halimah Locke and (iii) by adding at the end the following: both long- and short-term, is a by-prod- Veena Srinivasa for their dedicated ‘‘(D) shall give first priority to an appli- uct of small businesses receiving af- work on this legislation. cant that is located in an underlicensed fordable financing to help them create I urge Members to support this bill, State with below median financing, as deter- jobs in their local communities. and I yield back the balance of my mined by the Administrator.’’; and This is an example of small business time. (B) in paragraph (4)(B)— (i) by striking clause (i); firms utilizing other financial pro- Mr. CHABOT. Mr. Speaker, I yield (ii) by redesignating clauses (ii) and (iii) as grams, but this is where SBDCs are so myself such time as I may consume. clauses (i) and (ii), respectively; and critical because they help us make the Mr. Speaker, I want to commend the (iii) by amending clause (i), as so redesig- connection to financing that otherwise gentleman from Pennsylvania (Mr. nated, to read as follows: would be missing. Traditional lending EVANS) for his leadership on this and ‘‘(i) is located in a State that— sources often ignore many commu- many other issues on the committee. ‘‘(I) is not served by a licensee; or nities around the country, resulting in The small business development cen- ‘‘(II) is an underlicensed State; and’’; and small business utilization of other fi- ters, SBDCs, serve, really, a very im- (3) in section 308(g) (15 U.S.C. 687(g))— portant purpose in furthering entrepre- (A) in paragraph (2)— nancial programs. (i) in subparagraph (B), by inserting ‘‘and SBDCs began in 1976 with only eight neurship and business creation licensing’’ after ‘‘financing’’; participating universities. In fiscal throughout the United States. Many of (ii) by redesignating subparagraphs (C) year 2017, 188,225 entrepreneurs now re- the Nation’s nearly 30 million small through (J) as subparagraphs (E) through ceive business consulting, over 245,000 businesses have utilized the services of- (L), respectively; and

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.040 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3809 (iii) by inserting after subparagraph (B) She has definitely taken a very impor- job creation. A 2017 Library of Congress the following: tant and active role on it in looking for study found that SBIC-backed small ‘‘(C) Steps taken by the Administration to ways to expand the reach of the SBIC businesses created 3 million new jobs improve the number of licensees in under- program. and supported an additional 6.5 million. licensed States. ‘‘(D) The Administration’s plans to support I urge my colleagues to vote ‘‘yes’’ According to SBA’s most recent re- States that seek to increase the number of on this commonsense reform within port, SBICs reported nearly $1 billion licensees in the State.’’; and H.R. 4111, and I reserve the balance of in financing during the fourth quarter (B) in paragraph (3)— my time. of 2017 and created more than 16,000 (i) in subparagraph (C), by striking ‘‘and’’ Ms. VELA´ ZQUEZ. Mr. Speaker, I jobs. Over the same period, SBICs were at the end; yield myself such time as I may con- able to finance 210 companies across (ii) in subparagraph (D), by striking the pe- sume. the U.S., including 25 businesses in riod at the end and inserting ‘‘; and’’; and I rise in support of H.R. 4111, a bill low- and moderate-income areas, and 12 (iii) by adding at the end the following: that will improve access to the Small ‘‘(E) the geographic dispersion of licensees businesses owned by women, minori- in each State compared to the population of Business Investment Company program ties, or veterans. the State, identifying underlicensed in underserved communities. Many well-known companies have States.’’. SBICs have assisted thousands of achieved success through support from The SPEAKER pro tempore. Pursu- high-growth companies over the years SBICs, including Apple, Buffalo Wild ant to the rule, the gentleman from by ‘‘filling the gap’’ in the capital mar- Wings, Costco, and Staples. Ohio (Mr. CHABOT) and the gentle- kets for businesses that have outgrown While SBICs invest broadly in busi- woman from New York (Ms. the SBA’s 7(a) guaranteed loan pro- nesses across the country, the location VELA´ ZQUEZ) each will control 20 min- gram but remain too small or too risky of the firms receiving SBA backing is utes. for traditional private equity markets not geographically diverse. Instead, The Chair recognizes the gentleman to bear. SBICs are primarily located in larger from Ohio. SBICs operate in a unique public-pri- urban and financial centers, which only GENERAL LEAVE vate partnership with SBA. Once man- further concentrates lending and in- Mr. CHABOT. Mr. Speaker, I ask agers raise enough private capital, the vestment activity. Washington, my unanimous consent that all Members agency provides matching funds which home State, has none. In fact, 72 per- may have 5 legislative days to revise are pooled together and invested in cent of SBICs are located in 10 States. high-growth small businesses. and extend their remarks and include b 1445 extraneous material on the bill under To maximize the impact of the pro- consideration. gram, it is essential that SBIC licenses This legislation will change that by The SPEAKER pro tempore. Is there are processed in a timely fashion and easing the process for SBICs to form in objection to the request of the gen- also geographically spread across the underlicensed States like Washington, tleman from Ohio? country. As it stands now, nearly invest in people in our community, There was no objection. three-quarters of SBICs are located in grow our local economy, and create Mr. CHABOT. Mr. Speaker, I yield just 10 States. jobs. myself such time as I may consume. Today’s bill will address these points This legislation would increase SBA’s Mr. Speaker, despite an improving by prioritizing those license applica- accountability to Congress and the lending environment, small businesses tions from managers that will invest in public by exempting SBIC applicants still face challenges financing their our underserved communities. from underlicensed States from the full projects and their growth plans. Equity The SBIC program has done a lot of capital requirements, give first pri- markets, which are regularly used by good for the small business community ority to new applications from under- large businesses, often prove out of over the years. Enabling SBA to fast- licensed or underfinanced States, and reach for the Nation’s true job cre- track more capital into the hands of establish annual reporting require- ators, small businesses. small-business owners is a top priority ments on SBA’s progress to increase To bridge the equity gap that exists for both sides of the aisle in this com- the geographical dispersement of for small businesses, the SBA offers the mittee. SBICs. Small Business Investment Company I urge Members to support this legis- Last week was Small Business Week, program, also known as the SBIC pro- lation, and I reserve the balance of my an important reminder of the critical gram. The program utilizes a privately time. role small businesses play in our com- owned, SBA-regulated and licensed Mr. CHABOT. Mr. Speaker, I yield munities. model to deliver equity to the Nation’s such time as she may consume to the The Small Business Investment Act smallest businesses. of 1958 declares a mission to ensure the While running at zero cost to the gentlewoman from Washington (Mrs. provision of Small Business Investment American taxpayer, the SBIC program MCMORRIS RODGERS), the principal creates a unique public-private part- sponsor of this legislation, who also Company financing to all of the coun- nership that translates into job expan- has the number four ranking leadership try. This legislation will help meet sion and job creation. role on the Republican side of the that mission by encouraging SBICs to In fiscal year 2017, SBIC financing House. form in the underlicensed areas and in- supported more than 100,000 jobs all Mrs. MCMORRIS RODGERS. Mr. vest in all corners of the country, across the Nation—100,000 jobs, so this Speaker, I thank the chairman for which is why I encourage my col- is an important program. However, the yielding, and I appreciate his leader- leagues on both sides of the aisle to program can do more. ship on all of these bills that are going support the Spurring Business in Com- With only about 300 SBICs currently to help our small businesses. munities Act. operating in the United States, the I rise today in support of my legisla- Ms. VELA´ ZQUEZ. Mr. Speaker, I program often does not geographically tion, the Spurring Business in Commu- yield back the balance of my time. extend to those who truly need it the nities Act, which would encourage in- Mr. CHABOT. Mr. Speaker, I yield most. To address this problem, the gen- vestment in small businesses through myself such time as I may consume. tlewoman from Washington (Mrs. incentivizing small business invest- Mr. Speaker, I would first like to rec- MCMORRIS RODGERS) introduced H.R. ment companies, or SBICs, to form and ognize and thank Mrs. MCMORRIS ROD- 4111, the Spurring Business in Commu- invest in communities all across the GERS for her leadership on this really nities Act of 2017, which expands the country. very important issue which will make reach of the SBIC program by requiring Small businesses are the backbone of a big difference in various parts of our the SBA to focus on areas that are our community and our economy, pro- country in the area of small business underrepresented in the program as viding two out of three new jobs in development and job creation. The they review and license SBIC applica- America. SBICs serve an important SBIC program continues to produce re- tions. function in providing capital and sup- sults for job creators and job seekers. I want to thank the gentlewoman for port to startup businesses across the To ensure the program reaches un- her leadership on this particular issue. country and are a significant source of derserved areas, H.R. 4111, Mrs.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.018 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3810 CONGRESSIONAL RECORD — HOUSE May 8, 2018 MCMORRIS RODGERS’ bill, institutes re- (II) by striking the period at the end and in- technical assistance and training on the transi- forms to show how the SBA reviews serting ‘‘; and’’; and tion to employee ownership through coopera- and processes SBIC applications and to (iii) by adding at the end the following: tives and qualified employee trusts. improve those. This legislation will ‘‘(ii) to a small business concern under a plan (b) SMALL BUSINESS DEVELOPMENT CENTERS.— approved by the Administrator, if the proceeds (1) IN GENERAL.—In carrying out the program grow the reach of a program that cur- from the loan are only used to make a loan to established under subsection (a), the Adminis- rently runs at zero cost to the Amer- a qualified employee trust, and for any trans- trator shall enter into agreements with small ican taxpayer, which is certainly a action costs associated with making that loan, business development centers under which the mark that we should all recognize and that results in the qualified employee trust own- centers shall— appreciate. ing at least 51 percent of the small business con- (A) provide access to information and re- Mr. Speaker, I want to thank Mrs. cern.’’; sources on employee ownership through co- (B) in subparagraph (B)— MCMORRIS RODGERS for this important operatives or qualified employee trusts as a busi- (i) in the matter preceding clause (i), by in- legislation. ness succession strategy; serting ‘‘or by the small business concern’’ after (B) conduct training and educational activi- I urge my colleagues to support H.R. ‘‘the trustee of such trust’’; ties; and 4111, and I yield back the balance of my (ii) in clause (ii), by striking ‘‘and’’ at the (C) carry out the activities described in sub- time. end; paragraph (U) of section 21(c)(3) of the Small The SPEAKER pro tempore. The (iii) in clause (iii), by striking the period at Business Act (15 U.S.C. 648(c)(3)). question is on the motion offered by the end and inserting ‘‘, and’’; and (2) ADDITIONAL SERVICES.—Section 21(c)(3) of the gentleman from Ohio (Mr. CHABOT) (iv) by adding at the end the following: the Small Business Act (15 U.S.C. 648(c)(3)) is that the House suspend the rules and ‘‘(iv) with respect to a loan made to a trust, amended— or to a cooperative in accordance with para- pass the bill, H.R. 4111. (A) in subparagraph (S), by striking ‘‘and’’ at graph (35)— the end; The question was taken; and (two- ‘‘(I) a seller of the small business concern may (B) in subparagraph (T), by striking the pe- thirds being in the affirmative) the remain involved as an officer, director, or key riod at the end and inserting ‘‘; and’’; and rules were suspended and the bill was employee of the small business concern when a (C) by adding at the end the following: passed. qualified employee trust or cooperative has ac- ‘‘(U) encouraging and assisting the provision A motion to reconsider was laid on quired 100 percent of ownership of the small of succession planning to small business con- the table. business concern; and cerns with a focus on transitioning to coopera- ‘‘(II) any seller of the small business concern tives, as defined in section 7(a)(35), and quali- f who remains as an owner of the small business fied employee trusts (collectively referred to in MAIN STREET EMPLOYEE concern, regardless of the percentage of owner- this subparagraph as ‘employee-owned business ship interest, shall be required to provide a per- OWNERSHIP ACT OF 2018 concerns’), including by— sonal guarantee by the Administration.’’; and ‘‘(i) providing training to individuals to pro- Mr. CHABOT. Mr. Speaker, I move to (C) by adding at the end the following: mote the successful management, governance, or suspend the rules and pass the bill ‘‘(F) A small business concern that makes a operation of a business purchased by those indi- (H.R. 5236) to expand opportunities loan to a qualified employee trust under sub- viduals in the formation of an employee-owned available to employee-owned business paragraph (A)(ii) is not required to contain the business concern; same terms and conditions as the loan made to concerns through Small Business Ad- ‘‘(ii) assisting employee-owned business con- the small business concern that is guaranteed by cerns that meet applicable size standards estab- ministration loan programs, and for the Administration under such subparagraph. lished under section 3(a) with education and other purposes, as amended. ‘‘(G) With respect to a loan made to a quali- technical assistance with respect to financing The Clerk read the title of the bill. fied employee trust under this paragraph, or to and contracting programs administered by the The text of the bill is as follows: a cooperative in accordance with paragraph Administration; H.R. 5236 (35), the Administrator may, as deemed appro- ‘‘(iii) coordinating with lenders on conducting priate, elect to not require any mandatory eq- outreach on financing through programs admin- Be it enacted by the Senate and House of Rep- uity to be provided by the qualified employee istered by the Administration that may be used resentatives of the United States of America in trust or cooperative to make the loan.’’; and to support the transition of ownership to em- Congress assembled, (2) by adding at the end the following: ployees; SECTION 1. SHORT TITLE. ‘‘(35) LOANS TO COOPERATIVES.— ‘‘(iv) supporting small business concerns in This Act may be cited as the ‘‘Main Street Em- ‘‘(A) DEFINITION.—In this paragraph, the exploring or assessing the possibility of ployee Ownership Act of 2018’’. term ‘cooperative’ means an entity that is deter- transitioning to an employee-owned business SEC. 2. DEFINITIONS. mined to be a cooperative by the Administrator, concern; and In this Act— in accordance with applicable Federal and State ‘‘(v) coordinating with the cooperative devel- (1) the terms ‘‘Administration’’ and ‘‘Adminis- laws and regulation. opment centers of the Department of Agri- trator’’ means the Small Business Administra- ‘‘(B) AUTHORITY.—The Administration shall culture, the land grant extension network, the tion and the Administrator thereof, respectively; guarantee loans made to a cooperative for the Manufacturing Extension Partnership, commu- (2) the term ‘‘cooperative’’ means an entity purpose described in paragraph (15).’’. nity development financial institutions, em- that is determined to be a cooperative by the Ad- (b) DELEGATION OF AUTHORITY TO PREFERRED ployee ownership associations and service pro- ministrator, in accordance with applicable Fed- LENDERS.—Section 5(b)(7) of the Small Business viders, and local, regional and national cooper- eral and State laws and regulations; Act (15 U.S.C. 634(b)(7)) is amended by inserting ative associations.’’. (3) the term ‘‘employee-owned business con- ‘‘, including loans guaranteed under paragraph SEC. 7. INTERAGENCY WORKING GROUP. cern’’ means— (15) or (35) of section 7(a)’’ after ‘‘deferred par- (a) IN GENERAL.—Not later than 90 days after (A) a cooperative in which employees are eli- ticipation loans’’. the date of enactment of this Act, the Adminis- gible for membership; and SEC. 4. SMALL BUSINESS INVESTMENT COMPANY trator (or a designee of the Administrator) shall (B) a qualified employee trust; PROGRAM OUTREACH. coordinate and chair an interagency working (4) the terms ‘‘qualified employee trust’’ and The Administrator shall provide outreach and group, which shall— ‘‘small business concern’’ have the meanings educational materials to companies licensed (1) develop recommendations on how Federal given those terms in section 3 of the Small Busi- under section 301(c) of the Small Business In- programs can promote, support, and increase ness Act (15 U.S.C. 632); and vestment Act of 1958 (15 U.S.C. 681(c)) to in- the number of employee-owned business con- (5) the term ‘‘small business development cen- crease the use of funds to make investments in cerns; ter’’ means a small business development center company transitions to employee-owned busi- (2) ensure coordination with Federal agencies described in section 21 of the Small Business Act ness concerns. and national and local employee ownership, co- (15 U.S.C. 648). SEC. 5. SMALL BUSINESS MICROLOAN PROGRAM operative, and small business organizations; and SEC. 3. EXPANSION OF 7(A) LOANS. OUTREACH. (3) publish a report on the activities of the (a) IN GENERAL.—Section 7(a) of the Small The Administrator shall provide outreach and interagency working group that is indexed and Business Act (15 U.S.C. 636(a)) is amended— educational materials to intermediaries under maintained for public review. (1) in paragraph (15)— section 7(m) of the Small Business Act (15 U.S.C. (b) MEETINGS.—The interagency working (A) in subparagraph (A)— 636(m)) to increase the use of funds to make group shall meet at such times as determined (i) by striking ‘‘this subsection to qualified loans to employee-owned business concerns, in- necessary by the, but not less than biannually. employee trusts’’ and inserting ‘‘this sub- cluding transitions to employee-owned business Such meetings may occur in person or via elec- section— concerns. tronic resources. ‘‘(i) to qualified employee trusts’’; SEC. 6. SMALL BUSINESS DEVELOPMENT CENTER SEC. 8. AMENDMENT TO REPORT TO CONGRESS (ii) in clause (i), as so designated— OUTREACH AND ASSISTANCE. ON STATUS OF EMPLOYEE-OWNED (I) by inserting ‘‘, and for any transaction (a) ESTABLISHMENT.—The Administrator shall FIRMS. costs associated with purchasing,’’ after ‘‘pur- establish a Small Business Employee Ownership Section 7(a)(15)(E) of the Small Business Act chasing’’; and Cooperatives Promotion Program to offer (15 U.S.C. 636(a)(15)(E)) is amended by striking

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\K08MY7.044 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3811 ‘‘Administration.’’ and inserting ‘‘Administra- and sizes. Whether they follow a tradi- omy by improving the lending land- tion, which shall include— tional model or an employee-owned scape for employee-owned businesses, ‘‘(i) the total number of loans made to em- structure, small businesses across the such as employee stock ownership ployee-owned business concerns that were guar- Nation continue to face a difficult plans and co-ops. anteed by the Administrator under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or lending environment. There are 7,000 such companies in ex- section 502 of the Small Business Investment Act Although the SBA bridges the gap for istence all over the Nation, contrib- of 1958 (15 U.S.C. 696), including the number of many of the Nation’s small firms, 100- uting to our local communities and loans made— percent-employee-owned firms face un- economies. However, businesses seek- ‘‘(I) to small business concerns owned and certainty as they navigate the SBA’s ing to transition to employee-owned controlled by socially and economically dis- 7(a) Loan Program. status face difficulty in obtaining ade- advantaged individuals; and To strengthen the 7(a) Loan Program quate capital to cover the oftentimes ‘‘(II) to cooperatives in which employees are for employee-owned small businesses prohibitive costs. eligible for membership; ‘‘(ii) the total number of financings made to and worker cooperatives, Ranking The SBA was authorized to loan to employee-owned business concerns by companies Member VELA´ ZQUEZ introduced H.R. ESOPs in 1979. Unfortunately, this tool licensed under section 301(c) of the Small Busi- 5236, the Main Street Employee Owner- has rarely been used due to misunder- ness Investment Act of 1958 (15 U.S.C. 696(c)), ship Act of 2018. standing of the business structure and including the number of financings made— In order to provide clarity for pro- cumbersome transition requirements. ‘‘(I) to small business concerns owned and gram participants, H.R. 5236 would up- This bill seeks to align common in- controlled by socially and economically dis- date reporting statistics to ensure ac- dustry practices with SBA protocols to advantaged individuals; and curate data is captured. encourage more lending to ESOPs and ‘‘(II) to cooperatives in which employees are The bill also codifies ownership tran- eligible for membership; and co-ops. By codifying current SBA ‘‘(iii) any outreach and educational activities sition plans. standards of practice and easing some conducted by the Administration with respect to Additionally, H.R. 5236 requires the burdensome guarantee restrictions, it employee-owned business concerns.’’. SBA’s resource partners to have edu- is my hope we will keep local enter- SEC. 9. REPORT ON COOPERATIVE LENDING. cational material available to explain prises in their communities, saving (a) SENSE OF CONGRESS.—It is the sense of the nuances of these uniquely struc- jobs along the way and preventing eco- Congress that cooperatives have a unique busi- tured businesses. nomic dislocation for many workers. ness structure and are unable to access the lend- Although the requirements for per- Mr. Speaker, I urge Members to sup- ing programs of the Administration effectively sonal guarantees within the 7(a) Loan port this legislation, and I reserve the due to loan guarantee requirements that are in- Program prove challenging to some of balance of my time. compatible with the business structure of co- these business structures, H.R. 5236 im- Mr. CHABOT. Mr. Speaker, I reserve operatives. portantly preserves this hallmark and the balance of my time. (b) STUDY AND REPORT.— ´ (1) STUDY.—The Administrator, in coordina- requires the SBA to work with indus- Ms. VELAZQUEZ. Mr. Speaker, I tion with lenders, stakeholders, and Federal try representatives to develop ways to yield 2 minutes to the gentleman from agencies, shall study and recommend practical satisfy the guarantee while reducing Colorado (Mr. POLIS). alternatives for cooperatives that will satisfy the its burdens. Mr. POLIS. Mr. Speaker, I thank the loan guarantee requirements of the Administra- Employee-owned small businesses are gentlewoman from New York for yield- tion. an important part of the small business ing me time. (2) REPORT.—Not later than 120 days after the ecosystem. We must continue to Mr. Speaker, I rise in support of H.R. date of enactment of this Act, the Administrator 5236, the Main Street Employment Act shall submit to Congress the recommendations streamline the processes and proce- developed under paragraph (1) and a plan to dures in place at the SBA for all small of 2018, that will help employee-owned implement such recommendations. businesses. H.R. 5236, Ms. VELA´ ZQUEZ’s companies. SEC. 10. AMENDMENT TO DEFINITION OF QUALI- legislation, is a step in the right direc- Employee ownership is an important FIED EMPLOYEE TRUST. tion that provides clarity for em- part of helping workers build wealth. Section 3(c)(2)(A)(ii) of the Small Business Act ployee-owned small businesses and In addition to the income gap in this (15 U.S.C. 632(c)(2)(A)(ii)) is amended to read as worker cooperatives. country, we also have a wealth gap. follows: Mr. Speaker, I want to thank the When a company does well, everybody ‘‘(ii) which provides that each participant is ranking member, Ms. VELA´ ZQUEZ, who should do well, not just the investors. entitled to direct the plan trustee as to the man- This bill helps promote employee- ner of how to vote the qualified employer securi- has spearheaded this legislation. ties (as defined in section 4975(e)(8) of the Inter- I urge my colleagues to vote ‘‘yes’’ owned businesses by making changes nal Revenue Code of 1986), which are allocated on H.R. 5236, and I reserve the balance to the Small Business Administration’s to the account of such participant with respect of my time. loan program that helps employee- to a corporate matter which (by law or charter) Ms. VELA´ ZQUEZ. Mr. Speaker, I owned businesses access capital. It is must be decided by a vote conducted in accord- yield myself such time as I may con- currently a barrier in the rules that ac- ance with section 409(e) of the Internal Revenue sume. tually gives a disadvantage to em- Code of 1986; and’’. Mr. Speaker, I rise in support of H.R. ployee-owned businesses, when, as a so- The SPEAKER pro tempore. Pursu- 5236, the Main Street Employee Owner- ciety, as a Nation, we should be en- ant to the rule, the gentleman from ship Act, a commonsense measure to couraging employee ownership. Ohio (Mr. CHABOT) and the gentle- improve SBA’s lending and training The SBA Loan Guarantee Program is woman from New York (Ms. programs to enable employees to pur- often the only financing that many VELA´ ZQUEZ) each will control 20 min- chase the companies they work for. small businesses can get early on to utes. As baby boomers near retirement, get off the ground. This bill would open The Chair recognizes the gentleman the country faces a substantial di- up SBA lending for cooperatives, which from Ohio. lemma: Roughly half of privately held we often call co-ops, and also strength- GENERAL LEAVE companies are owned by baby boomers, ens the lending program for ESOPs, Mr. CHABOT. Mr. Speaker, I ask and fewer than 15 percent have a for- which is another form of employee- unanimous consent that all Members mal exit plan in place. And while it is owned company. may have 5 legislative days within wonderful to think that family mem- There is a very successful ESOP in which to revise and extend their re- bers will take over the business, this is the district I am honored to represent marks and include extraneous material a relatively rare occurrence. Some will called New Belgium Brewery that on the bill under consideration. be bought out; others will close. This makes among the best beer in the The SPEAKER pro tempore. Is there will have significant secondary eco- world. objection to the request of the gen- nomic impacts that will ripple through This bill also creates a small business tleman from Ohio? our local communities. employee ownership and cooperative There was no objection. Mr. Speaker, I have been working program, which helps employers and Mr. CHABOT. Mr. Speaker, I yield with Senator GILLIBRAND’s office to employees understand how to create myself such time as I may consume. help address this looming problem. employee-owned businesses, providing Mr. Speaker, ownership structures of The bill before us will reward work- some of the help for succession plan- businesses come in numerous shapes ers and invest in our Main Street econ- ning, coordinating with other programs

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.021 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3812 CONGRESSIONAL RECORD — HOUSE May 8, 2018 to help employee-owned businesses suc- A motion to reconsider was laid on section 7(a) or any requirement in a Stand- ceed. the table. ard Operating Procedures Manual or Policy Notice related to a program or function of Employee-owned businesses are an- f chor businesses in our communities. the Office of Capital Access. SMALL BUSINESS 7(A) LENDING ‘‘(2) FORMAL ENFORCEMENT AUTHORITY.— They provide good, stable jobs and help ‘‘(A) IN GENERAL.—With the approval of the employees build value and wealth over OVERSIGHT REFORM ACT OF 2018 Lender Oversight Committee established time and participate in the governance Mr. CHABOT. Mr. Speaker, I move to under section 48, the Director may take a of the company. They align the incen- suspend the rules and pass the bill formal enforcement action against any 7(a) tives of workers with owners and man- (H.R. 4743) to amend the Small Busi- lender if the Director finds that the 7(a) agement and are good for overall eco- ness Act to strengthen the Office of lender has violated— nomic productivity as well. ‘‘(i) a statutory or regulatory requirement Credit Risk Management within the under section 7(a), including a requirement This bill builds on the bipartisan lan- Small Business Administration, and for relating to credit elsewhere; or guage that I helped secure in the omni- other purposes, as amended. ‘‘(ii) any requirement described in a Stand- bus appropriations bill directing the The Clerk read the title of the bill. ard Operating Procedures Manual or Policy SBA to encourage employee ownership. The text of the bill is as follows: Notice, related to a program or function of Passing this bill will make those H.R. 4743 the Office of Capital Access. ‘‘(B) ENFORCEMENT ACTIONS.—An enforce- changes in the 1-year spending bill that Be it enacted by the Senate and House of Rep- expires September 30 permanent. ment action imposed on a 7(a) lender by the resentatives of the United States of America in Director under subparagraph (A) shall be Mr. Speaker, I encourage all Mem- Congress assembled, bers to support this very important based on the severity or frequency of the vio- SECTION 1. SHORT TITLE. lation and may include assessing a civil piece of bipartisan legislation. This Act may be cited as the ‘‘Small Busi- ´ monetary penalty against the 7(a) lender in Ms. VELAZQUEZ. Mr. Speaker, I ness 7(a) Lending Oversight Reform Act of an amount that is not greater than $250,000. yield myself the balance of my time. 2018’’. ‘‘(3) APPEAL BY LENDER.—A 7(a) lender may Mr. Speaker, there is no question SEC. 2. DEFINITIONS. appeal an enforcement action imposed by the that we need to support our Main In this Act, the terms ‘‘Administration’’ Director described in this subsection to the Street small businesses, especially and ‘‘Administrator’’ mean the Small Busi- Office of Hearings and Appeals established those that fall outside of traditional ness Administration and the Administrator under section 5(i) or to an appropriate dis- business structures. H.R. 5236 does just thereof, respectively. trict court of the United States. ‘‘(f) REGULATIONS.—Not later than 1 year that by requiring more training and SEC. 3. CODIFICATION OF THE OFFICE OF CRED- IT RISK MANAGEMENT AND THE after the date of the enactment of this sec- clarifying lending protocols. LENDER OVERSIGHT COMMITTEE. tion, the Administrator shall issue regula- Today’s bill is endorsed by at least 25 (a) IN GENERAL.—The Small Business Act tions, after opportunity for notice and com- organizations, including America’s (15 U.S.C. 631 et seq.) is amended— ment, to carry out subsection (e). SBDCs, the American Sustainable (1) by redesignating section 47 as section ‘‘(g) SERVICING AND LIQUIDATION RESPON- SIBILITIES.—During any period during which Business Council, the Association for 49; and a 7(a) lender is suspended or otherwise pro- (2) by inserting after section 46 the fol- Enterprise Opportunity, ESCA, and a hibited from making loans under section lowing new sections: variety of co-ops and employee-owner 7(a), the 7(a) lender shall remain obligated to associations. ‘‘SEC. 47. OFFICE OF CREDIT RISK MANAGEMENT. maintain all servicing and liquidation activi- Mr. Speaker, I would like to thank ‘‘(a) ESTABLISHMENT.—There is established ties delegated to the lender by the Adminis- Justin Pelletier and Jon Cardinal for within the Administration the Office of Cred- trator, unless otherwise specified by the Di- their tireless work on this complex it Risk Management (in this section referred rector. to as the ‘Office’). ‘‘(h) PORTFOLIO RISK ANALYSIS OF 7(a) topic. ‘‘(b) DUTIES.—The Office shall be respon- LOANS.— Mr. Speaker, I urge Members to sup- sible for supervising— ‘‘(1) IN GENERAL.—The Director shall annu- port this bill, and I yield back the bal- ‘‘(1) any lender making loans under section ally conduct a risk analysis of the portfolio ance of my time. 7(a) (in this section referred to as a ‘7(a) of the Administration with respect to all Mr. CHABOT. Mr. Speaker, I yield lender’); loans guaranteed under section 7(a). myself such time as I may consume. ‘‘(2) any Lending Partner or Intermediary ‘‘(2) REPORT TO CONGRESS.—On December 1, Mr. Speaker, I will conclude by say- participant of the Administration in a lend- 2018, and every December 1 thereafter, the ing that employee-owned businesses ing program of the Office of Capital Access Director shall submit to Congress a report really populate the streets and neigh- of the Administration; and containing the results of each portfolio risk ‘‘(3) any small business lending company or analysis conducted under paragraph (1) dur- borhoods of many cities across this Na- a non-Federally regulated lender without re- ing the fiscal year preceding the submission tion. They are unique in form but face gard to the requirements of section 23. of the report, which shall include— many of the same hurdles that other ‘‘(c) DIRECTOR.— ‘‘(A) an analysis of the overall program small businesses face. ‘‘(1) IN GENERAL.—The Office shall be head- risk of loans guaranteed under section 7(a); H.R. 5236 streamlines how employee- ed by the Director of the Office of Credit ‘‘(B) an analysis of the program risk, set owned businesses operate under the im- Risk Management (in this section referred to forth separately by industry concentration; portant rules of the SBA 7(a) Loan Pro- as the ‘Director’), who shall be a career ap- ‘‘(C) without identifying individual 7(a) gram. While preserving important pointee in the Senior Executive Service (as lenders by name, a consolidated analysis of defined in section 3132 of title 5, United the risk created by the individual 7(a) lend- characteristics of the program, H.R. States Code). ers responsible for not less than 1 percent of 5236 will help employee-owned busi- ‘‘(2) DUTIES.—The Director shall be respon- the gross loan approvals set forth separately nesses as they seek capital to grow, ex- sible for oversight of the lenders and partici- for the year covered by the report by— pand, and create much-needed jobs. pants described in subsection (b), including ‘‘(i) the dollar value of the loans made by Mr. Speaker, I want to again thank by conducting periodic reviews of the com- such 7(a) lenders; and and commend the ranking member, Ms. pliance and performance of such lenders and ‘‘(ii) the number of loans made by such 7(a) VELA´ ZQUEZ, for her leadership on this participants. lenders; legislation. ‘‘(d) SUPERVISION DUTIES FOR 7(a) LEND- ‘‘(D) steps taken by the Administrator to ERS.—With respect to 7(a) lenders, an em- mitigate the risks identified in subpara- I would urge my colleagues to sup- ployee of the Office shall— graphs (A), (B), and (C); port H.R. 5236, and I yield back the bal- ‘‘(1) be present for and supervise any such ‘‘(E) the number of 7(a) lenders, the num- ance of my time. review that is conducted by a contractor of ber of loans made, and the gross and net dol- The SPEAKER pro tempore (Mr. the Office on the premise of the 7(a) lender; lar amount of loans made; HILL). The question is on the motion and ‘‘(F) the number and dollar amount of offered by the gentleman from Ohio ‘‘(2) supervise any such review that is not total losses, the number and dollar amount (Mr. CHABOT) that the House suspend conducted on the premise of the 7(a) lender. of total purchases, and the percentage and the rules and pass the bill, H.R. 5236, as ‘‘(e) ENFORCEMENT AUTHORITY AGAINST 7(a) dollar amount of recoveries at the Adminis- amended. LENDERS.— tration; ‘‘(1) INFORMAL ENFORCEMENT AUTHORITY.— ‘‘(G) the number and type of enforcement The question was taken; and (two- The Director may take an informal enforce- actions recommended by the Director; thirds being in the affirmative) the ment action against a 7(a) lender if the Di- ‘‘(H) the number and type of enforcement rules were suspended and the bill, as rector finds that the 7(a) lender has violated actions approved by the Lender Oversight amended, was passed. a statutory or regulatory requirement under Committee established under section 48;

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.047 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3813 ‘‘(I) the number and type of enforcement ‘‘(B) supervise any such review that is not considering factors associated with conven- actions disapproved by the Lender Oversight conducted on the premise of the 7(a) lender. tional lending practices, including— Committee; and ‘‘(2) REVIEW REPORT TIMELINE.— ‘‘(A) the business industry in which the ‘‘(J) the number and dollar amount of civil ‘‘(A) IN GENERAL.—Notwithstanding any loan applicant operates; monetary penalties assessed. other requirements of the Office or the Ad- ‘‘(B) whether the loan applicant is an en- ‘‘(i) BUDGET SUBMISSION AND JUSTIFICA- ministrator, the Administrator shall develop terprise that has been in operation for a pe- TION.—The Director shall annually provide, and implement a review report timeline riod of not more than 2 years; in writing, a fiscal year budget submission which shall— ‘‘(C) the adequacy of the collateral avail- for the Office and a justification for such ‘‘(i) require the Administrator to— able to secure the requested loan; submission to the Administrator. Such sub- ‘‘(I) deliver a written report of the review ‘‘(D) the loan term necessary to reasonably mission and justification shall— to the 7(a) lender not later than 60 business assure the ability of the loan applicant to ‘‘(1) include salaries and expenses of the Of- days after the date on which the review is repay the debt from the actual or projected fice and the charge for the lender oversight concluded; or cash flow of the business; and fees; ‘‘(II) if the Administrator expects to sub- ‘‘(E) any other factor relating to the par- ‘‘(2) be submitted at or about the time of mit the report after the end of the 60-day pe- ticular credit application, as documented in the budget submission by the President riod described in clause (i), notify the 7(a) detail by the lender, that cannot be over- under section 1105(a) of title 31; and lender of the expected date of submission of come except through obtaining a Federal ‘‘(3) be maintained in an indexed form and the report and the reason for the delay; and loan guarantee under prudent lending stand- made available for public review for a period ‘‘(ii) if a response by the 7(a) lender is re- ards; and of not less than 5 years beginning on the date quested in a report submitted under subpara- ‘‘(2) for the purposes of section 7(b), the of submission and justification. graph (A), require the 7(a) lender to submit availability of credit on reasonable terms ‘‘SEC. 48. LENDER OVERSIGHT COMMITTEE. responses to the Administrator not later and conditions from non-Federal sources ‘‘(a) ESTABLISHMENT.—There is established than 45 business days after the date on which taking into consideration the prevailing within the Administration the Lender Over- the 7(a) lender receives the report. rates and terms in the community in or near sight Committee (in this section referred to ‘‘(B) EXTENSION.—The Administrator may where the applicant business concern trans- as the ‘Committee’). extend the time frame described in subpara- acts business, or the applicant homeowner ‘‘(b) MEMBERSHIP.—The Committee shall graph (A)(i)(II) with respect to a 7(a) lender resides, for similar purposes and periods of consist of at least 8 members selected by the as the Administrator determines nec- time.’’; and Administrator, of which— essary.’’. (2) in section 7(a)(1)(A)(i) (15 U.S.C. ‘‘(1) 3 members shall be voting members, 2 (c) TRANSFER OF FUNCTIONS.— 636(a)(1)(A)(i)), by inserting ‘‘The Adminis- of whom shall be career appointees in the (1) OFFICE OF CREDIT RISK MANAGEMENT.— trator has the authority to direct, and con- Senior Executive Service (as defined in sec- All functions of the Office of Credit Risk duct oversight for, the methods by which tion 3132 of title 5, United States Code); and Management of the Small Business Adminis- lenders determine whether a borrower is able ‘‘(2) the remaining members shall be non- tration, including the personnel, assets, and to obtain credit elsewhere.’’ before ‘‘No fi- voting members who shall serve in an advi- obligation of the Office of Credit Risk Man- nancial assistance’’. sory capacity on the Committee. agement, as in existence on the day before (b) TECHNICAL AMENDMENT.—Section 18(b) ‘‘(c) DUTIES.—The Committee shall— the date of the enactment of this Act, shall of the Small Business Act (15 U.S.C. 647(b)) is ‘‘(1) review reports on lender oversight ac- be transferred to the Office of Credit Risk amended to read as follows: tivities; Management established under section 47 of ‘‘(b) As used in this Act, the term ‘agricul- ‘‘(2) review formal enforcement action rec- the Small Business Act, as added by sub- tural enterprises’ means those small busi- ommendations of the Director of the Office section (a). ness concerns engaged in the production of of Credit Risk Management with respect to (2) LENDER OVERSIGHT COMMITTEE.—All food and fiber, ranching, and raising of live- any lender making loans under section 7(a) functions of the Lender Oversight Com- stock, aquaculture, and all other farming and any Lending Partner or Intermediary mittee of the Small Business Administra- and agricultural-related industries.’’. participant of the Administration in a lend- tion, including the personnel, assets, and ob- SEC. 5. AUTHORITY FOR ADMINISTRATOR TO IN- ing program of the Office of Capital Access ligations of the Lender Oversight Com- CREASE AMOUNT FOR GENERAL of the Administration; BUSINESS LOANS. mittee, as in existence on the day before the Section 20 of the Small Business Act (15 ‘‘(3) in carrying out paragraph (2) with re- date of the enactment of this Act, shall be spect to formal enforcement actions taken U.S.C. 631 note) is amended— transferred to the Lender Oversight Com- (1) by redesignating subsection (j) as sub- under subsection (d) or (e) of section 23, vote mittee established under section 48 of the to recommend or not recommend action to section (f); and Small Business Act, as added by subsection (2) by adding at the end the following new the Administrator or a designee of the Ad- (a). ministrator; subsection: (d) DEEMING OF NAME.— ‘‘(4) in carrying out paragraph (2) with re- ‘‘(g) AUTHORITY TO INCREASE AMOUNT OF (1) OFFICE OF CREDIT RISK MANAGEMENT.— spect to any formal enforcement action not GENERAL BUSINESS LOANS.— Any reference in a law, regulation, guidance, ‘‘(1) IN GENERAL.—Subject to paragraphs (2) specified under subsection (d) or (e) of sec- document, paper, or other record of the tion 23, vote to approve, disapprove, or mod- and (3) and with respect to fiscal year 2019 United States to the Office of Credit Risk and each fiscal year thereafter, if the Admin- ify the action; Management of the Small Business Adminis- ‘‘(5) review, in an advisory capacity, any istrator determines that the amount of com- tration shall be deemed a reference to the mitments by the Administrator for general lender oversight, portfolio risk management, Office of Credit Risk Management, estab- or program integrity matters brought by the business loans authorized under section 7(a) lished under section 47 of the Small Business for a fiscal year could exceed the limit on Director; and Act, as added by subsection (a). ‘‘(6) take such other actions and perform the total amount of commitments the Ad- (2) LENDER OVERSIGHT COMMITTEE.—Any such other functions as may be delegated to ministrator may make for those loans under reference in a law, regulation, guidance, doc- this Act, an appropriations Act, or any other the Committee by the Administrator. ument, paper, or other record of the United ‘‘(d) MEETINGS.— provision of law, the Administrator may States to the Lender Oversight Committee of ‘‘(1) IN GENERAL.—The Committee shall make commitments for those loans for that the Small Business Administration shall be meet as necessary, but not less frequently fiscal year in an aggregate amount equal to deemed a reference to the Lender Oversight than on a quarterly basis. not more than 115 percent of that limit. Committee, established under section 48 of ‘‘(2) REPORTS.—The Committee shall sub- ‘‘(2) NOTICE REQUIRED BEFORE EXERCISING the Small Business Act, as added by sub- mit to the Administrator a report detailing AUTHORITY.—Not later than 30 days before section (a). each meeting of the Committee, including if the date on which the Administrator intends (e) TECHNICAL AMENDMENT.—Section 3(r)(2) the Committee does or does not vote to ap- to exercise the authority under paragraph of the Small Business Act (15 U.S.C. 632(r)(2)) prove a formal enforcement action of the Di- (1), the Administrator shall submit notice of is amended by striking ‘‘regulated SBA lend- rector of the Office of Credit Risk Manage- intent to exercise the authority to— er’’ each place it appears in heading and text ment with respect to a lender.’’. ‘‘(A) the Committee on Small Business and and inserting ‘‘regulated lender’’. (b) SUPERVISION DUTIES FOR 7(A) LEND- Entrepreneurship and the Subcommittee on ERS.—Effective January 1, 2019, subsection SEC. 4. DEFINITION OF CREDIT ELSEWHERE. Financial Services and General Government (d) of section 47 (as added by subsection (a)) (a) IN GENERAL.—The Small Business Act of the Committee on Appropriations of the is amended to read as follows: (15 U.S.C. 631 et seq.) is amended— Senate; and ‘‘(d) SUPERVISION DUTIES FOR 7(A) LEND- (1) by striking section 3(h) (15 U.S.C. 632(h)) ‘‘(B) the Committee on Small Business and ERS.— and inserting the following: the Subcommittee on Financial Services and ‘‘(1) REVIEWS.—With respect to 7(a) lenders, ‘‘(h) The term ‘credit elsewhere’ means— General Government of the Committee on an employee of the Office shall— ‘‘(1) for the purposes of this Act (except as Appropriations of the House of Representa- ‘‘(A) be present for and supervise any such used in section 7(b)), the availability of cred- tives. review that is conducted by a contractor of it on reasonable terms and conditions to the ‘‘(3) LIMITATION.—The Administrator shall the Office on the premise of the 7(a) lender; individual loan applicant from non-Federal, not exercise the authority under paragraph and non-State, or non-local government sources, (1) more than once during any fiscal year.’’.

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.019 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3814 CONGRESSIONAL RECORD — HOUSE May 8, 2018 SEC. 6. ESTABLISHING A PROCESS FOR WAIVERS. be clarified and refocused on a bor- Mr. Speaker, I urge Members to sup- (a) IN GENERAL.—If the Administrator ex- rower’s ability to access the program. port this legislation, and I reserve the ercises statutory or regulatory authority to The changes to the credit elsewhere balance of my time. waive a regulation or a requirement in the test will ensure the program is being Mr. CHABOT. Mr. Speaker, I yield Standard Operating Procedures Manual or Policy Notice related to a program or func- used by eligible and deserving small such time as he may consume to the tion of the Office of Capital Access of the Ad- businesses. gentleman from Mississippi (Mr. ministration, the waiver shall be in writing Additionally, H.R. 4743 outlines a KELLY), chairman of the Subcommittee and be maintained in an indexed form. portfolio risk analysis that the SBA on Investigations, Oversight and Regu- (b) NO NEW WAIVER AUTHORITY.—Nothing must perform. With any program that lations. in subsection (a) shall be construed as cre- has a government role, healthy and Mr. KELLY of Mississippi. Mr. ating new authority for the Administrator to vigorous oversight is required to pro- Speaker, I thank the chairman for waive regulations of the Administration. tect the taxpayers. H.R. 4743 provides yielding. In my district, the Small SEC. 7. REPEAL OF SMALL BUSINESS LOAN LOSS this for the 7(a) Loan Program and for Business Administration has made tre- REPORT. mendous and direct impact with the Subsection (b) of section 10 of the Small the Nation’s small businesses. Business Act (15 U.S.C. 639(b)) is repealed. Mr. Speaker, I want to thank the 7(a) Loan Program by helping small ranking member, Ms. VELA´ ZQUEZ, for businesses that are not able to find or The SPEAKER pro tempore (Mr. all of her hard work and interest in obtain capital through traditional or HILL). Pursuant to the rule, the gen- this topic, and I also want to thank all conventional markets. tleman from Ohio (Mr. CHABOT) and the of the members of the committee who To acquire a 7(a) loan, participating gentlewoman from New York (Ms. lenders must determine that a small ´ have had a role in exploring this issue. VELAZQUEZ) each will control 20 min- The bill has broad, bipartisan sup- business cannot receive credit else- utes. port—as many of our bills often do. I where. In practice, this is called the The Chair recognizes the gentleman urge my colleagues to vote ‘‘yes’’ on credit elsewhere test. The test became from Ohio. H.R. 4743, and I reserve the balance of the focus of my subcommittee hearing GENERAL LEAVE my time. in March of 2017, when the Committee Mr. CHABOT. Mr. Speaker, I ask Ms. VELA´ ZQUEZ. Mr. Speaker, I reviewed the 7(a) Loan Program. unanimous consent that all Members yield myself such time as I may con- As conservatives, we must safeguard may have 5 legislative days within sume. American taxpayer dollars. A govern- which to revise and extend their re- Mr. Speaker, I rise in support of H.R. ment guarantee program needs strong marks and include extraneous material 4743, a bipartisan, bicameral bill that oversight to make sure adequate safe- on the bill under consideration. will improve oversight of the 7(a) Loan guards are in place. That is why 7(a) The SPEAKER pro tempore. Is there Program, the SBA’s flagship lending oversight must begin with the credit objection to the request of the gen- product. elsewhere test. tleman from Ohio? At the beginning of this Congress, This is exactly what H.R. 4743 pro- There was no objection. our committee held a series of hearings poses. It strengthens the credit else- Mr. CHABOT. Mr. Speaker, I yield to take the temperature of the 7(a) pro- where test and provides transparency myself such time as I may consume. gram. We actively investigated how it to factors most commonly used by Mr. Speaker, although the economy is being utilized, and we worked with lenders as they move small businesses is starting to recover, small businesses stakeholders to address the defi- through the 7(a) loan process. Addi- continue to face a rigid lending envi- ciencies that were identified. tionally, H.R. 4743 increases the over- ronment that challenges growth and Both lenders and the agency have sight capabilities of the Office of Credit job creation. With options limited, said oversight could be improved and Risk Management and the Lender small businesses regularly turn to the transparency increased with legislative Oversight Committee. These reforms SBA, the Small Business Administra- action. This bill is the product of that will support the program while pro- tion, for assistance. feedback and will make long overdue tecting American taxpayer dollars. With nearly 70,000 loans made in fis- reforms to the program. Mr. Speaker, I want to thank the cal year 2017, the 7(a) Loan Program is The legislation increases trans- chairman and the ranking member for the SBA’s largest capital access tool parency and uniformity for both lend- taking up this issue and working with and is reserved for creditworthy small ers and the agency by codifying the Of- all Members to ensure oversight is businesses that cannot access tradi- fice of Credit Risk Management and paramount, and I urge my colleagues tional or conventional bank lending. Lender Oversight Committee. It also to support this much-needed legisla- requires the Office to internally submit b 1500 tion. a budget to ensure there is justifica- Ms. VELA´ ZQUEZ. Mr. Speaker, I In recent years, the program has ex- tion of the fees, salaries, and expenses yield myself such time as I may con- perienced rapid growth, which spiked used to carry out oversight functions. sume. congressional interest and resulted in We also heard that the credit else- Mr. Speaker, in crafting H.R. 4743, numerous hearings and meetings to where test—a bedrock of the program— the chairman and I worked closely evaluate the SBA’s oversight of lend- was not clear and lacked a verification with our Senate counterparts, the ers. component. This bill better clarifies SBA, and the lending industry. Every- After careful consideration, I, along the credit elsewhere test and bolsters one had a seat at the table, and with the ranking member, Ms. substantiation of how it is fulfilled. through debate and compromise, we ar- VELA´ ZQUEZ, determined legislation was Finally, we all remember 2015, when rived at a legislative product we can needed to ensure the integrity of the the program ran out of authority to all be proud of, and that, most impor- program and to safeguard the Amer- lend before the end of the year. This tantly, will help deserving small busi- ican taxpayers’ dollars. As a result, in created an artificial run on the lenders nesses access loans. January of this year, we introduced to get loans approved, unfairly harmed Mr. Speaker, I would like to take H.R. 4743, the Small Business 7(a) small businesses that needed credit, this opportunity to thank Chairman Lending Oversight Reform Act of 2018, and ultimately required congressional CHABOT and Senators RISCH and CARDIN this bill. intervention. for their bipartisanship. And, finally, I H.R. 4743 contains important over- Today’s bill incorporates provisions would like to thank our staff for work- sight reforms that strengthen the from legislation I introduced earlier ing diligently on this important bill. SBA’s Office of Credit Risk Manage- this year, empowering the Adminis- Mr. Speaker, I urge my colleagues to ment and the SBA’s Lender Oversight trator to request additional lending ca- vote ‘‘yes,’’ and I yield back the bal- Committee. H.R. 4743 also bolsters the pacity from Congress to meet unex- ance of my time. credit elsewhere test which acts as a pected demands late in the fiscal year. Mr. CHABOT. Mr. Speaker, I yield gatekeeper into this government guar- H.R. 4743 strikes a meaningful bal- myself such time as I may consume to antee program. ance between strong oversight and pro- close. With the reforms outlined in this tecting the interests of small busi- Mr. Speaker, I want to thank the provision, the credit elsewhere test will nesses that need loans. gentlewoman for her leadership on this

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.019 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3815 issue. I would also like to thank the The text of the joint resolution is as Congress and signed into law by the staffs on both sides of the aisle, and I follows: President of the United States? So no would also like to thank the chairman S.J. RES. 57 less of an authority than Dodd-Frank of the Appropriations Committee, ROD- Resolved by the Senate and House of Rep- says: Bureau, thou shalt not regulate NEY FRELINGHUYSEN, for his assistance resentatives of the United States of America in auto dealers. But they attempted to do in a bump that we ran into at the elev- Congress assembled, That Congress dis- it. So that was sin number one. enth hour there. approves the rule submitted by the Bureau of Sin number two: they didn’t engage He was a classmate of mine. We both Consumer Financial Protection relating to in rulemaking. This was guidance. came in in the historic class of 1994, ‘‘Indirect Auto Lending and Compliance with Now, guidance is supposed to tell a the Equal Credit Opportunity Act’’ (CFPB and he will be leaving at the end of this Bulletin 2013–02 (March 21, 2013), and printed market participant: Okay, we under- term. He is going to be greatly missed, in the Congressional Record on December 6, stand what you are trying to do, and but, in any event, I want to thank 2017, on pages S7888–S7889, along with a let- what you are trying to do is permis- Chairman FRELINGHUYSEN. ter of opinion from the Government Ac- sible. But, instead, the Bureau flipped Mr. Speaker, to conclude, the 7(a) countability Office dated December 5, 2017, it on its head and said: No, you are not Loan Program is an important capital that the Bulletin is a rule under the Congres- allowed to do X, Y, and Z, which is es- access resource for the Nation’s small sional Review Act), and such rule shall have sentially rulemaking, Mr. Speaker. businesses. However, with any govern- no force or effect. And so what the Bureau did was they ment guarantee program, strong over- The SPEAKER pro tempore. The violated the Administrative Procedure sight is mandatory to safeguard Amer- joint resolution shall be debatable for 1 Act, which is there to assure that mar- ican taxpayer dollars. H.R. 4743 insti- hour equally divided and controlled by ket participants receive due process; tutes strong and critical reforms to the chair and ranking minority mem- that they are allowed notice; that they make sure oversight is front and center ber of the Committee on Financial are allowed to comment; that they are as this program is administered by the Services. allowed to participate in the demo- SBA. The gentleman from Texas (Mr. HEN- cratic process by which rules are pro- H.R. 4743 ensures the program will SARLING) and the gentlewoman from mulgated. only be utilized by small businesses California (Ms. MAXINE WATERS) each So, again, what the Bureau did was, that truly require its services, and I will control 30 minutes. as opposed to engaging in formal rule- urge my colleagues to support the bi- The Chair recognizes the gentleman making as demanded by the Adminis- partisan reforms instituted in H.R. from Texas. trative Procedure Act—by the way, 4743. GENERAL LEAVE which was essentially defined by the Finally, I want to again thank the Mr. HENSARLING. Mr. Speaker, I Clinton administration—but they vio- gentlewoman from New York and the ask unanimous consent that all Mem- lated that. They just threw it out. staffs and everyone else involved in bers have 5 legislative days to revise b 1515 this. I understand it might not be the and extend their remarks and submit norm everywhere these days, but, in extraneous material on the resolution The third problem here, Mr. Speaker, our committee, it is business—and I under consideration. is the Bureau claimed under its former should say—it is small business as The SPEAKER pro tempore. Is there Director, Mr. Cordray, now guber- usual. The gentlewoman was really a objection to the request of the gen- natorial candidate Mr. Cordray, that pleasure to work with on this and tleman from Texas? they were a data-driven bureau. Well, many other issues, so I thank the gen- There was no objection. guess what? They couldn’t come up tlewoman very much for her work. Mr. HENSARLING. Mr. Speaker, I with any data of this purported viola- Mr. Speaker, I yield back the balance yield myself such time as I may con- tion of the Equal Credit Opportunity of my time. sume. Act. The SPEAKER pro tempore (Mr. Mr. Speaker, the Consumer Financial They claimed that somehow there MCCLINTOCK). The question is on the Protection Bureau, which many of us was unconscious discrimination on ra- motion offered by the gentleman from know as perhaps the single, most pow- cial basis, known as disparate impact. Ohio (Mr. CHABOT) that the House sus- erful, unaccountable agency in the his- But where was the data? Auto dealers, pend the rules and pass the bill, H.R. tory of our Republic, a few years ago, by law, cannot keep records on the ra- 4743, as amended. issued guidance that essentially out- cial characteristics of their customers. The question was taken; and (two- lawed the practice of auto dealers in So what did the very enterprising Bu- thirds being in the affirmative) the America being able to take wholesale reau do, Mr. Speaker? They guessed. rules were suspended and the bill, as finances from third parties and charge Now, they came up with a great aca- amended, was passed. retail rates. They did this because the demic name for it: Bayesian Improved A motion to reconsider was laid on Bureau claimed that the practice po- Surname Geocoding system. Do you the table. tentially violated the Equal Credit Op- know what that means, Mr. Speaker? f portunity Act, known as ECOA. They guessed. They looked at some- Mr. Speaker, there were several dif- body’s last name. They looked at a ZIP PROVIDING FOR CONGRESSIONAL ferent problems with this approach, Code. They scratched their heads. DISAPPROVAL OF A RULE SUB- not the least of which is at section 1029 Oh, that person must be of Asian her- MITTED BY BUREAU OF CON- of Dodd-Frank, which forbids the Bu- itage. SUMER FINANCIAL PROTECTION reau from regulating auto dealers. It is Oh, that person must be of European Mr. HENSARLING. Mr. Speaker, pur- in the law, and so many of my friends heritage. suant to House Resolution 872, I call up on the other side of the aisle come to Oh, that person must be of African the joint resolution (S.J. Res. 57) pro- this very floor to jealously, religiously, heritage. viding for congressional disapproval and unrelentlessly, defend the Dodd- They made it up. They had no data; under chapter 8 of title 5, United Frank Act. so they made it up. States Code, of the rule submitted by I am anxious to hear their voices Now, because of all this, in the pre- Bureau of Consumer Financial Protec- today, because to defend the Dodd- vious Congress, Mr. Speaker, this body tion relating to ‘‘Indirect Auto Lend- Frank Act, you must vote to overturn voted overwhelmingly—overwhelm- ing and Compliance with the Equal the Bureau’s guidance because this was ingly—to overturn the guidance. The Credit Opportunity Act’’, and ask for absolutely trampling upon the sacred vote was 332–96. Unfortunately, the its immediate consideration in the ground of Dodd-Frank. Senate did not act then. Fortunately, House. Now, I didn’t support Dodd-Frank, today the Senate has now acted; so this The Clerk read the title of the joint but it is the law of the land, Mr. Speak- body has the opportunity to overturn resolution. er. And if there is anything, shouldn’t these many wrongs. The SPEAKER pro tempore. Pursu- lawgivers in this Chamber be com- And let me end with this wrong: con- ant to House Resolution 872, the joint mitted to the rule of law, the laws that sumers are being hurt. An analysis by resolution is considered read. have been passed by the United States The Wall Street Journal showed that

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.051 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3816 CONGRESSIONAL RECORD — HOUSE May 8, 2018 many creditworthy borrowers, because of race, color, religion, national origin, Indirect auto financing, also known of what the Bureau has done, will have sex, marital status, age, or receipt of as dealer-directed auto financing, are to pay up to $586 more—$586 more—for income from any public assistance pro- the loans offered to consumers in the their auto loans because of what the gram. dealerships where they are purchasing Bureau has done. Because of that, So the issuance of this guidance, a vehicle. Dealer-directed financing is under the Congressional Review Act, it which also provided a number of steps an important option for consumers and is time for Congress to say: We said to indirect auto lenders that they provides them and the dealerships they what we mean. We are going to protect could use to ensure that they were in are purchasing the vehicle from with consumers. We are going to overturn compliance with the law, was a com- the flexibility to meet a consumer’s the Bureau’s guidance, and we are monsense action that has both pro- needs based on their budget and credit going to do it today. tected borrowers from unfair practices score. Mr. Speaker, I reserve the balance of and helped lenders stay on the right The CFPB, under the leadership of my time. side of the law. Richard Cordray, in their classic gov- Ms. MAXINE WATERS of California. Proponents of this resolution say to ernment-knows-best approach, decided Mr. Speaker, I yield myself such time the Consumer Bureau: Oh, you had no in 2013, without consulting Congress or as I may consume. authority to regulate auto dealers. But following the law, that they had a Mr. Speaker, I rise today in opposi- that is not what is at issue here today. problem with this well-known form of tion to S.J. Res. 57, a Congressional Let’s be clear. The Consumer Bureau’s auto financing. They launched an un- Review Act resolution to repeal a very guidance applies to indirect auto lend- constitutional and illegal assault on important guidance on indirect auto fi- ers, not automobile dealers. honest car dealerships and the finan- nance lending that was issued by the This resolution would set back ef- cial institutions they work with, false- Consumer Financial Protection Bureau forts to prevent discriminatory auto ly claiming discrimination and unfair all the way back in 2013, in order to lending, make it harder for responsible lending practices. prevent discriminatory lending. businesses to follow the law, and harm The data to back up these egregious Indirect auto lenders are lenders such consumers. It would not only repeal claims, through the Bureau’s own ad- as banks that work with car dealers to the Consumer Bureau’s regulatory mission, was deeply flawed and had an finance car loans for consumers. Mr. guidance on auto lending but could error rate as high as 41 percent. That Speaker, first let me say that this is an also prevent the Consumer Bureau was according to an independent audit. inappropriate and misguided use of the from ever again issuing ‘‘substantially Let me be absolutely clear that any Congressional Review Act that sets a similar’’ guidance on the matter. form of lending discrimination—wheth- dangerous precedent. While congres- Furthermore, by setting this terrible er based on race, religion, gender, ori- sional Republicans so far have been precedent of repealing regulatory guid- entation, or creed—is absolutely unac- very active in using the Congressional ance, the majority is opening up a Pan- ceptable and also totally illegal under Review Act to tear down important dora’s box that could have deeply various Federal and State laws, includ- regulations that protect Americans, harmful consequences for the public ing the Equal Credit Opportunity Act, today they are expanding their harmful and badly impede the important work or ECOA. of regulators, not just of the financial efforts even further to now go after What is also illegal and wrong is how services industry but of all industries. regulatory guidance issued by the Con- the CFPB went about issuing this Mr. Speaker, I strongly oppose the flawed mandate, labeling it as benign sumer Bureau years ago. This is a clear resolution and urge Members to vote overreach that goes way beyond how guidance, yet enforcing it as if it was a ‘‘no.’’ true Federal regulation, all in viola- the Congressional Review Act was in- I reserve the balance of my time. tended to be used. tion of the transparency and public Mr. HENSARLING. Mr. Speaker, I comment requirements of the Adminis- This resolution is one part of a wide- yield 5 minutes to the gentleman from spread Republican effort to make it trative Procedures Act. New York (Mr. ZELDIN), an outstanding Through passage of today’s joint res- more difficult to hold financial institu- advocate for all the working people of olution, we will permanently strike tions accountable. The Consumer Bu- New York, a member of the Financial down this flawed CFPB mandate that reau’s 2013 guidance on indirect auto Services Committee, and the author of attempted to virtually outlaw indirect lending was issued to provide clarity to the House companion bill. auto lending in the United States. To- indirect auto lenders and protect auto Mr. ZELDIN. Mr. Speaker, I thank day’s fight over this important resolu- loan borrowers from discrimination. the gentleman for yielding. I rise in tion may sound like a wonky policy de- This is a market where discriminatory strong support of this important reso- bate, but to my constituents, perma- practices have well been documented. lution, S.J. Res. 57. nently repealing this flawed CFPB rul- Since its establishment, the Consumer I am the House sponsor of the com- ing may make the difference between Bureau has levied more than $140 mil- panion legislation to this Congres- being denied or approved for an auto lion in fines and penalties against lend- sional Review Act resolution to repeal loan they desperately need. ers for engaging in discriminatory auto ill-founded guidance issued by the Con- This CFPB decree is estimated to lending practices. sumer Financial Protection Bureau re- raise the cost of auto lending by as Just this January, an investigation lating to the dealer-directed auto lend- much as $600 per consumer. That is not by the National Fair Housing Alliance ing market. Mr. Speaker, I want to crumbs. And through passage of S.J. found that, 62 percent of the time, thank Chairman JEB HENSARLING for Res. 57, we can also ensure that no fu- highly qualified minority borrowers all of his amazing leadership on this ture CFPB Director or administration seeking purchase and financing options very important issue. I also want to can revive it without the express per- for a car receive more costly pricing commend my Senate counterparts on mission of Congress. options than less qualified White bor- this legislation: Senators JERRY MORAN Mr. Speaker, I commend Director rowers receive for the same vehicle. and PAT TOOMEY. Mulvaney for working so hard to repair According to the same report, less Mr. Speaker, for so many of my con- the serious damage done by his rogue qualified White borrowers were pre- stituents, access to transportation is predecessor at the CFPB. But at the sented with more financing options 75 key to their economic prosperity. And end of the day, Congress must do its percent of the time. access to affordable credit is what job by changing the law. This has been The guidance issued by the Consumer helps them get behind the wheel to get a bipartisan priority in the past, and I Bureau simply clarified that indirect their kids to school, get themselves to hope that all my colleagues on both auto lenders would be held accountable work, or to get sick loved ones to med- sides of the aisle will vote ‘‘yes.’’ for violations of the Equal Credit Op- ical appointments. That is why the 2013 Mr. Speaker, I urge adoption of S.J. portunity Act, or ECOA, if they took assault by the Consumer Financial Res. 57. part in discriminatory practices in the Protection Bureau on the dealer-di- Ms. MAXINE WATERS of California. pricing of auto loans. Under ECOA, it rected auto finance market is so dam- Mr. Speaker, this is about discrimina- is illegal for a creditor or a lender to aging to the very people this rogue tion. This is not about false accusa- discriminate against a person because agency is claiming to help. tions. It is documented that these car

VerDate Sep 11 2014 01:25 May 09, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.054 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3817 lenders have discriminated against chairman of the Financial Services vocate dedicated to combating dis- people of color. Subcommittee on Financial Institu- crimination. Mr. Speaker, I yield 3 minutes to the tions and Consumer Credit. Mr. ELLISON. Mr. Speaker, I thank gentlewoman from Wisconsin (Ms. Mr. LUETKEMEYER. Mr. Speaker, I the ranking member. MOORE). thank the chairman for his patience on Mr. Speaker, the Congress today is Ms. MOORE. Mr. Speaker, I thank this issue. going to be voting on whether or not to the gentlewoman from California. I I want to start by thanking the Sen- make it easier for dealers making car rise in opposition to S.J. Res. 57. This ator from Kansas, Mr. MORAN, and, loans to offer better prices to bor- is a resolution to disapprove of the more specifically, also thank the gen- rowers based on the color of their skin. CFPB auto lending rules. I oppose this, tleman from New York (Mr. ZELDIN) for The majority wants you to vote, yeah, Mr. Speaker, because I believe U.S. his hard work on the House companion they can. We say they shouldn’t. We markets should be free from fraud and legislation to S.J. Res. 57. say all Americans should be treated from schemes like the auto lending Let me give my colleagues a brief equally, and we think that the CFPB scheme to which we have been sub- history of the situation we are dis- should be allowed to make sure that jected as Americans. I oppose because I cussing today. that is true. don’t think Americans should be dis- Dodd-Frank, specifically, barred the You know, it is clear, minority buy- criminated against; and then, when Consumer Financial Protection Bureau ers pay more. This has been found in they are discriminated against, the from regulating all dealers. The Bureau any number of statistical ways. In a re- guilty parties have no consequences. I did it anyway. In doing so, the CFPB cent settlement with a large auto deal- think they need to be caught, pun- didn’t adhere to the Administrative er, the Department of Justice and the ished, and the victims made whole. Procedure Act, choosing instead to CFPB found that 235,000 minority bor- The gentleman from Texas talked push this rule forward. They pushed it rowers were paying higher rates. Afri- about the research that went into through based not on sound evidence or can-American, Asian, and Latino bor- cross-matching ZIP Codes and sur- thoughtful methodology; rather, Bu- rowers were paying between $200 and names as if these technologies don’t reau staff seem to have conducted the $300 more per loan compared to White benefit all of us. We know down to the research backwards. They came up borrowers. block where our voters are, who they with the answer they wanted, and then Now, some of us believe in liberty are, what race they are, what gender they wrote the questions. and justice for all. Some of us believe they are, and who they are likely to The simple truth of the matter is in equal protection under the law. I be- vote for. So it is no great technological that the Bureau seized an opportunity lieve that it is absolutely the wrong feat that these auto dealers could fig- to test congressional intent and expand policy for us to second-guess the CFPB ure out who to discriminate against. its jurisdiction. Today, we are exer- today, and I urge a ‘‘no’’ vote. I oppose this because I, too, was one cising not just our right, but our con- This is a fact that this disparate of those Black people who lived in one stitutional duty, to rescind the indi- treatment in borrowing and rates and of those ZIP Codes, and I was discrimi- rect auto guidance that is blatantly prices is even true when minority bor- nated against in my car loan. The unprofessional and illegal. rowers had the same or better credit CFPB thankfully pursued justice and And again, the CFPB—let me just re- than White borrowers. So the CFPB got my money back, which I needed. inforce this. CFPB does not have over- cracked down, and they issued guid- This resolution is everything wrong sight of automobile transactions be- ance, which is what we would expect with the GOP agenda: rewarding cause Dodd-Frank specifically prohib- them to do. In fact, in total, they made fraudsters, hooksters, charlatans, and ited it, and they did it anyway. sure that over—almost $12 billion has donors while ignoring the needs and My colleagues and I have stood on gone back to consumers, a fact which I the will of Americans. this floor time after time and warned We are seeing a buildup of subprime think, for my Republican friends, real- of the dangers of this most powerful auto loans. Haven’t we learned our les- ly upsets them. and completely unaccountable agency. But guidance was set to ensure that son? Why would an entrepreneur go Allowing the Bureau to move forward lenders were complying with the law, into inventing something or innovating on such a rule would have been neg- which makes discrimination in auto something when they can just make ligence on our part. lending illegal. They also brought cases their money with these predatory lend- Unfortunately, this isn’t the first and recovered millions for borrowers: ing practices. Why invest in infrastruc- time we have seen this play out, and it Ally Financial paid back $80 million in ture and transportation when you can won’t be the last. Across the financial recovery for victims of discrimination; use opaque financial markets and dirty regulatory spectrum, agencies have American Honda Finance Corporation, practices to turn people’s desperation abused their authority, dodging con- $24 million; Toyota Motor Credit Cor- into misery-fueled profits. gressional oversight by promulgating They say history rhymes, Mr. Speak- poration, $21.9 million; Fifth Third guidance that, in reality, acts as a er. And it will be like the housing cri- Bank, $18 million. rule. This has to end, Mr. Speaker. sis but with cars. Voting for this reso- Now, are we to believe that these in- I want to again extend my thanks to lution is a vote against good financial stitutions, run by some of the most so- the gentleman from New York (Mr. market practices, fairness, and against phisticated businesspeople and lawyers ZELDIN) for his constant efforts in hold- Americans. in America, are just handing out ing this government accountable and checks for nothing? They are paying b 1530 commend the Senate for their action settlements because why not? They Mr. HENSARLING. Mr. Speaker, I on this and ask my colleagues on both have probably got more lawyers in one yield myself 30 seconds just to say that sides of the aisle to join us in advo- of these places than they do in the the study that my friends on the other cating for a more responsible approach CFPB. side of the aisle allude to from the to guidance and rulemaking. Now, the bottom line is these folks NFHA wasn’t even in existence when Ms. MAXINE WATERS of California. paid out because they needed to settle. the Bureau promulgated their guid- Mr. Speaker, the chairman just said They had exposure. This move today by ance, number one. that junk science was used; however, the majority in the Financial Services Number two, it is based on 2 people, Republicans put out a report called, Committee is to say: Go ahead. Don’t 2 people out of 325 million. This is be- ‘‘ ‘Disparate Impact’ Claims Against worry about discrimination. We have yond junk science. It is a mockery, an Vehicle Financing Businesses.’’ Here it got your back. absolute mockery of the Equal Credit is. And guess what. The Center for Re- We are not going to stand here and Opportunity Act when we are here sponsible Lending said that was junk let Americans get treated like second- today to ensure that working Ameri- science. class citizens, though. cans of all colors and races and creeds Mr. Speaker, I yield 3 minutes to the The new system is working well, so, get credit. gentleman from Minnesota (Mr. ELLI- naturally, some folks want to change I yield 2 minutes to the gentleman SON), a senior member of the Financial it. So, Republicans, I ask you guys to from Missouri (Mr. LUETKEMEYER), the Services Committee and a tireless ad- vote ‘‘no’’ on this thing. I want you to

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Mr. Speaker, I CFPB by removing its ability to pro- Financial Services that the Bureau’s yield 2 minutes to the gentleman from tect consumers and police discrimina- guidance was ‘‘nonbinding,’’ the dam- California (Mr. ROYCE), a senior mem- tory lending policies. age was already done. ber of the Financial Services Com- But aside from my deep, substantive The Bureau’s attempt to regulate an mittee and chairman of the House For- concerns with this resolution, I am industry that the Dodd-Frank Act spe- eign Affairs Committee. fundamentally opposed to this reckless cifically told them they could not reg- Mr. ROYCE of California. Mr. Speak- and unprecedented use of the Congres- ulate is the very reason our committee er, I was here during the debates that sional Review Act. The legislative his- has worked tirelessly to bring account- we had on Dodd-Frank and involved in tory and plain reading of the statute ability to an agency that has none. much of the discussion. On the Demo- make it clear that the CRA was de- Sadly, this guidance has become sym- cratic side and on the Republican side, signed to provide Congress with an op- bolic for everything that is wrong with there were a number of things we de- portunity to review new rules, not the CFPB. bated, but through all of that debate, long-established agency guidance. So why are we here today? Why does there was a bipartisan belief that auto But because this archaic law was this Congress care about guidance put dealers and lenders were certainly not poorly designed—it actually requires out in 2013? Let me read section 1029 from the at the heart of the crisis and should agencies to physically submit thou- Dodd-Frank Act: ‘‘the Bureau may not not be the focus of new regulation. sands of rules every year in triplicate exercise any rulemaking, supervisory, With that in mind, as the chairman by courier—it is inevitable that some enforcement or any other authority, has noted, section 1029 of Dodd-Frank guidance will not be physically re- including any authority to order as- explicitly exempted auto dealers from ceived by Congress for purposes of the sessments, over a motor vehicle dealer CFPB supervision and regulation. If CRA. that is predominantly engaged in the that is the case, Mr. Speaker, why are Today’s resolution to disapprove sale and servicing of motor vehicles. we here today? guidance issued 5 years ago on proce- ... ’’ We are here because the auto dealers dural grounds makes it painfully obvi- Unfortunately, we have seen, time are the focus of a CFPB action that ous that the CRA has not only been and time again, an agency that is will- ends the consumers’ ability to receive horribly misused by Republicans, but it ing to issue regulation by enforcement. discounted car loans. is irredeemably broken as well. In this Since the 2013 guidance came out, the Why are consumers facing higher, Congress alone, Republicans have re- Bureau has issued over $200 million in not lower, costs when going to buy a pealed more than a dozen critical pro- out-of-court settlements to auto lend- car? The answer is regulatory over- tections for hardworking Americans ers based on guidance that was flawed reach. with little notice or debate. from the very start. CFPB ignored the will of Congress, And how many jobs will this reckless As chairman of the Subcommittee on ignored the law as written. As The agenda create, Mr. Speaker? None. We Oversight and Investigations, our staff Wall Street Journal noted, Congress’ know this because President Trump’s has issued multiple reports detailing explicit exemption ‘‘didn’t stop former director of legislative affairs was asked the Bureau’s baseless enforcement CFPB chief Richard Cordray, who used whether these rollbacks would spur agenda. Because of their work, the the back door of auto financing to reg- employment growth, and he conceded CFPB can no longer hide behind, as one ulate dealers.’’ they would not. report noted, junk science. And while Mr. Cordray may have So, if not to create jobs, stimulate I thank the chairman, and I urge all been able to suspend this belief, we do the economy, or help working families, my colleagues to support this bipar- not have the same luxury here. We are why vacate these commonsense rules? tisan effort. not here by choice, frankly. We must Corporate money, Mr. Speaker. Ms. MAXINE WATERS of California. act to pass this resolution today. According to a report by Public Cit- Mr. Speaker, I would encourage the And, Mr. Speaker, I would like to izen, special interest groups spent more gentlewoman to continue reading so share the bipartisan call for enforce- than $1 billion in lobbying and cam- that she can see, under the CFPB rule, ment of the Equal Credit Opportunity paign expenditures in opposition to the that they have the ability to oversee Act and make this point: let’s work to- 14 rules already repealed by this Con- the lending; and what she is talking gether to tackle discrimination where gress. And last month, OMB Director about is the exemption of the auto- it exists—where it exists—not where Mulvaney told a room full of bank lob- mobile dealers, themselves, but not the regulators ignore the law and employ byists that campaign contributions lenders. algorithms to guess that it might were a determining factor for who he Mr. Speaker, I yield 3 minutes to the exist. met with while serving as a Member of gentleman from California (Mr. Ms. MAXINE WATERS of California. Congress, a disgraceful signal to cor- TAKANO), the vice ranking member of Mr. Speaker, I yield 3 minutes to the porations that this is a pay-to-play ad- the Veterans’ Affairs Committee. gentleman from Rhode Island (Mr. ministration that is for sale. b 1545 CICILLINE), the ranking member of the That is why I have introduced the Mr. TAKANO. Mr. Speaker, I thank Subcommittee on Regulatory Reform, Sunset the CRA and Restore American Ranking Member WATERS for her lead- Commercial and Antitrust Law on the Protections Act, or the SCRAP Act, to ership on the floor on this issue. Judiciary Committee. address this blatant abuse of process I rise in opposition to S.J. Res. 57 be- Mr. CICILLINE. Mr. Speaker, I thank and to immediately restore the rules cause it erases measures established a the gentlewoman for yielding. previously repealed by this Congress to half-decade ago to prevent auto dealers I would like to begin by reminding the detriment of the American people. from using discriminatory data tactics. everyone that the Financial Protection I urge my colleagues to oppose this I also rise because it signals the ma- Bureau, under the leadership of Direc- resolution, and I thank the gentle- jority’s intention to contort the Con- tor Cordray, returned $12 billion to woman for yielding. gressional Review Act to allow it to be American consumers, including $140 Mr. HENSARLING. Mr. Speaker, I used on a dramatically increased scale million in enforcement and consumer yield 2 minutes to the gentlewoman in ways never intended. savings related to auto loans. from Missouri (Mrs. WAGNER), chair- Let me start with the policy. Mr. Speaker, I rise in strong opposi- woman of the Financial Services Sub- When auto dealers provide financing tion to S.J. Res. 57, a direct attack on committee on Oversight and Investiga- through a third-party lender, they can people of color, vulnerable persons, and tions. increase the rate offered to the con- any other person of a protected class Mrs. WAGNER. Mr. Speaker, I thank sumer and pocket the difference. Evi- who is subject to financial discrimina- the chairman for yielding to me. dence suggests these dealer markups tion by auto lenders. Mr. Speaker, I rise today in strong are frequently higher for minority bor- This resolution is an unambiguous support of a bill that, frankly, is long rowers than for similarly qualified stamp of approval for Office of Manage- overdue. While former CFPB Director White borrowers.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.057 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3819 In 2013, the CFPB sought to address low the statute, we don’t have account- building up household wealth for mi- this problem. The agency produced ability and we don’t have trans- norities or any family. Every dollar guidance that clarified the fair lending parency. Our constituents argue for that goes out to pay an overpriced loan requirements of the Equal Credit Op- that. is $1 that cannot be spent for retire- portunity Act applied to auto loans. Many argue laws should be based on ment savings or for your child’s college The CFPB’s action simply spelled out sound data; our rules should be care- education. that dealer markups were indeed ille- fully debated in public. That was not A big part of this discrepancy is that gal if they led to discriminatory out- done in this instance. So we have this non-Whites were far too often discrimi- comes, intentional or otherwise. surreptitious, specious display of soph- nated against not only in whether the It also listed some useful steps that istry known as the indirect auto guid- loan application is approved but also in auto dealers could take to ensure fair ance from the Bureau. the rate charged for the loan. lending compliance. In recent years, So we are correcting that today, and Because of the financial arrangement the CFPB has fined auto dealers more the beneficiaries will be our constitu- between banks, when a non-White per- than $150 million for discriminating ents. The beneficiaries will be Article I son is overcharged for a loan, the extra against minority borrowers. power in this House as we oversee the profits from that are split between the A resolution of disapproval is not the executive. dealership and the bank. So I believe way to change policy in this area. In- Mr. Speaker, I thank the chairman there is a responsibility for both par- stead, we should be going through reg- for bringing this bill to the floor, and I ties to make sure that this financial incentive does not lead to the sort of ular order with public hearings, com- thank Mr. ZELDIN for his leadership. discriminatory behavior that we unfor- mittee consideration, and amendments Ms. MAXINE WATERS of California. tunately continue to see in this coun- to achieve a bipartisan compromise, Mr. Speaker, I yield 4 minutes to the try. gentleman from Illinois (Mr. FOSTER), not just throwing out words like ‘‘junk During the debate over the Dodd- science.’’ We can settle that in regular a Member who has shown true leader- Frank bill, we decided to exempt car order through a process. ship in speaking out against this harm- dealerships from direct oversight from In bringing this resolution to the ful resolution. the CFPB. I believe we did that because floor, the majority is setting a dan- Mr. FOSTER. Mr. Chairman, I thank we felt, correctly, that car dealerships gerous new standard for the use of the the ranking member for yielding me were the victims, rather than the Congressional Review Act, which only time. cause, of the financial collapse. But we grants Congress the power to rescind I rise today in opposition to S.J. Res. retained CFPB oversight over financial regulations within a 60-legislative-day 57, which provides for congressional products, like the loans that are sold window. The CFPB guidance on auto disapproval of CFPB guidance on dis- on financial markets. lending was established in 2013, well crimination in the indirect auto lend- This left an important line to be outside the CRA’s window. ing industry. drawn because both banks and dealer- Make no mistake: Using the CRA to As the only Ph.D. scientist in Con- ships need guidance. While the banks, I repeal guidance from more than 5 years gress, when I come to the floor, it is believe, have a duty to make sure that ago is an unprecedented expansion of usually to debate science or important the dealerships that are acting as, ef- the law’s scope, and it will imperil technical details of financial service fectively, loan brokers on their behalf thousands of Federal decisions going regulations. But I am also the son of a are not engaging in discriminatory be- back decades. Let’s not make it easier civil rights lawyer, a scientist who havior, they cannot be expected to put for minority car buyers to be exploited stepped away from his career in science one of their agents in the room where and discriminated against. Let’s not and became a civil rights lawyer. My every car deal is negotiated. open the door to an even more extreme father actually wrote much of the en- So guidance is needed. Into the and unprecedented use of the CRA. forcement language behind the Civil breach strode the CFPB, which I be- I strongly urge my colleagues to vote Rights Act of 1964. lieve was appropriate. This guidance is against S.J. Res. 57. The issue of minorities being system- important to protecting American con- Mr. HENSARLING. Mr. Speaker, I atically overcharged when purchasing sumers. am pleased to yield 2 minutes to the automobiles is not a small issue, and, In the past, critics of the CFPB guid- gentleman from Arkansas (Mr. HILL), unfortunately, it is not going away. ance have argued that it relies on data the majority whip of the House Finan- This issue was first documented aca- that is inaccurate or misunderstood. I cial Services Committee. demically in the Chicago metropolitan think that it relies on an incorrect un- Mr. HILL. Mr. Speaker, I thank the region in the early 1990s when it was derstanding of the statistical uncer- chairman for bringing S.J. Res. 57 to found that if you were a non-White per- tainties that are always present in any the floor today, a joint resolution to son you were, on average, charged over scientific measurement. The effect disapprove the 2013 Bureau guidance on $500 more, in today’s dollars, than a here is real, and it is large. auto finance. It has been well discussed White person was. In the past, there have been bipar- today, why that is. In a recent study in the D.C. suburbs, tisan efforts to put some clarity on This is a very tailored, commonsense it was found that non-Whites were how the CFPB could offer this guid- approach. It does not open up a prece- charged an average of $2,500 more than ance, and this bill walks away from dent towards guidance being used for a White people. that bipartisan effort. The SPEAKER pro tempore. The CRA. It is a very narrow joint resolu- I understand this is a subject for time of the gentleman has expired. tion. It is designed particularly with some debate. I urge my colleagues to Ms. MAXINE WATERS of California. the GAO’s ruling from last December, actually read the report that some are Mr. Speaker, I yield an additional 1 so I don’t think that hyperbole is nec- calling junk science here. It is a report minute to the gentleman from Illinois. essary. that, frankly, as a scientist, may not Mr. FOSTER. The bill that the ma- We are here today to make sure that have the statistics that I would like in jority is bringing to the floor this week all of our constituents have access to terms of a large number of test cases, will preclude the reissuance of that affordable auto credit. Black, White, but the effect is so large that it cannot necessary guidance instructive of how female, male, they need affordable auto be a statistical fluctuation. to comply with the Equal Credit Oppor- credit. How do we get a job if we don’t It was undertaken by the National tunity Act of 1974, which will remain in have an affordable car with which to go Fair Housing Alliance, and it was done place. to work? So that is why we are here. with a number of important scientific Lenders will still be, rightly, re- Secondly, we are here because our controls in its process. quired to comply with the law, but constituents demand that we demand This number by which non-Whites they will not have any guidance on accountability in our oversight func- are being overcharged is not a small how to do so, leading at least one ana- tion, we demand transparency. When number. If you are overcharged by lyst to call S.J. Res. 57 a ‘‘long-term you have a process that was not trans- thousands of dollars on every one of negative for lenders,’’ which, as a busi- parent and did not follow the Adminis- the 5 to 10 cars that you buy during nessman, I agree with. S.J. Res. 57 is trative Procedures Act and did not fol- your lifetime, it is a big impediment to bad for both consumers and for lenders.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.059 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3820 CONGRESSIONAL RECORD — HOUSE May 8, 2018 Mr. Speaker, I urge my colleagues to dealers help customers, especially But the Consumer Bureau did not oppose S.J. Res. 57 and preserve the op- those customers with less than pristine stop there. It also told the lenders ex- portunity to promulgate guidance in- credit scores. actly how they needed to change their tended to curtail discrimination. Let me give you an example from practices to avoid being sued for lend- Mr. HENSARLING. Mr. Speaker, I Kentucky. A female buyer, having gone ing discrimination. am very happy to yield 2 minutes to through a recent divorce, had credit This kind of transparency is a good the gentleman from Kentucky (Mr. challenges. She was offered a 7.99 per- thing. It allows the Consumer Bureau BARR), the chairman of the Financial cent rate by a competing bank that put to root out discrimination in the auto Services Subcommittee on Monetary her payment at $506 a month. But lending market while also providing Policy and Trade. thanks to Ford Credit’s Certified Pre- guidance and certainty to all the lend- Mr. BARR. Mr. Speaker, I thank the Owned Program, which is only avail- ers that want to do the right thing. chairman for yielding. able through a franchised Ford dealer, Yet this guidance is exactly what the I rise today in support of the Con- the same customer was able to receive resolution before us today would re- gressional Review Act resolution to a 2.9 percent rate, for a payment of $441 peal. Why? This would have the effect disapprove the Consumer Financial a month. This scenario saved her al- of encouraging discrimination against Protection Bureau’s 2013 auto finance most $70 a month and a whopping $4,200 minority borrowers in the auto lending guidance. in interest charges over the life of the market and discouraging the Consumer The Dodd-Frank financial control loan. Bureau from cracking down on this law explicitly exempted auto dealers Ms. MAXINE WATERS of California. horrible practice. from the Bureau’s supervision and reg- Mr. Speaker, I can’t believe that in 2018 I believe we need to stand strong ulation. However, this did not deter we are on the floor of Congress seeing against discrimination in all forms, in- former Director of the Bureau Richard the denial of some of my colleagues cluding lending discrimination. Mr. Speaker, I urge my colleagues to Cordray from trying to regulate this about discrimination in the auto lend- vote for their constituents, to vote for industry, circumventing the legislative ing business and defending the auto- consumers, and to oppose this resolu- intent of Congress through a backdoor mobile lenders despite the fact there guidance. tion. has been a study that shows that there Mr. HENSARLING. Mr. Speaker, I Not only did the Bureau lack the has been discrimination. yield 2 minutes to the gentleman from legal authority to issue such regula- The study should have included Tennessee (Mr. KUSTOFF), a very hard- tion, it also based its justification for women, because they discriminate working member of the Financial Serv- the guidance on a flawed statistical against women also. They think ices Committee. methodology. women are stupid and don’t know how Mr. KUSTOFF of Tennessee. Mr. That methodology, which supposedly to negotiate a loan. Women have been Speaker, I rise today in support of S.J. provided evidence of widespread dis- taken advantage of too. Res. 57, which will roll back a rule crimination of auto lenders against mi- Mr. Speaker, I yield 3 minutes to the issued by the Bureau of Consumer Fi- norities, determined the probability of gentlewoman from New York (Mrs. nancial Protection related to indirect an individual’s race and ethnicity CAROLYN B. MALONEY), the ranking auto lending. merely based upon last names and ZIP member of the Subcommittee on Cap- We know that in 2013 the Bureau Codes. According to a 2014 study, only ital Markets of the Financial Services issued guidance to financial institu- 50 percent of Asians and 24 percent of Committee. tions that would eliminate an auto African Americans were correctly iden- b 1600 dealer’s ability to discount interest tified by the Bureau’s flawed method- rates offered to consumers who finance Mrs. CAROLYN B. MALONEY of New ology. vehicle purchases. My friend and colleague from Illi- York. Mr. Speaker, I thank the rank- As many of us know, the CFPB has a nois, a gentleman who self-identifies as ing member for yielding and for her longstanding history of imposing bur- a scientist, says that statistical uncer- leadership on the Financial Services densome rules and regulations on a tainties are always present. But the Committee. wide range of financial products. The truth is that the Bureau’s own records Mr. Speaker, I strongly, strongly op- CFPB has often issued rules without show that the Bureau designed a remu- pose this resolution, which will actu- understanding of the full scope of the neration process that ensured that ally encourage discrimination against problem and without regard to the 235,000 consumers would receive remu- people of color who want to buy cars. costs of compliance it imposes on an neration checks, even though the Bu- I know my Republican colleagues industry. This rule is no exception. reau knew that White consumers were claim that this is about a rulemaking As clearly stated in section 1029 of not discriminated against on account process, but let’s be clear: This is not the Dodd-Frank Act, the Bureau is ex- of race. They would receive remunera- about process. This is about discrimi- plicitly prohibited from regulating tion checks under that process. nation. auto dealers. This attempt by the Bu- Now, to me, Mr. Speaker, that is not This issue is very simple. Financial reau to provide guidance to auto lend- statistical uncertainties that are al- institutions that make auto loans have ing is a clear violation of the statute ways present; that is a totally flawed an obligation not to discriminate and is yet another example of how the process. I think the American taxpayer against borrowers based on the color of Bureau continued to abuse its statu- would be totally offended to know that their skin. This has been the law since tory power under then-Director Rich- their tax dollars are going to people Congress passed the Equal Credit Op- ard Cordray. who were never harmed. That is not portunity Act over 43 years ago. I am pleased to join my colleagues flawed statistical analysis that is al- The Consumer Financial Protection here today to ensure that the Bureau ways present; that is outright just a to- Bureau found compelling evidence does not issue any substantially simi- tally flawed process that rips off Amer- that, when financial institutions allow lar rules as it relates to indirect auto ican taxpayers. auto dealers to increase the interest lending. The SPEAKER pro tempore. The rates on auto loans for specific bor- Mr. Speaker, I thank the chairman time of the gentleman has expired. rowers that come into their dealership, and other members of the House Finan- Mr. HENSARLING. Mr. Speaker, I minority borrowers were systemati- cial Services Committee for bringing yield an additional 30 seconds to the cally charged a higher rate. In other this important legislation to the floor. gentleman from Kentucky. words, this particular practice resulted I urge my colleagues to support this Mr. BARR. If the lack of legal au- in illegal lending discrimination. important measure to help rein in the thority and deeply flawed methodology So the Consumer Financial Protec- CFPB’s regulatory overreach. were not enough, the real-world con- tion Bureau did what it was supposed Ms. MAXINE WATERS of California. sequences of the guidance could have to do. It told financial institutions to Mr. Speaker, I reserve the balance of been far worse if auto dealers didn’t do stop this illegal and discriminatory my time. everything they could to fight against practice or risk being sued by the Bu- Mr. HENSARLING. Mr. Speaker, I the guidance. That is because auto reau for lending discrimination. yield 2 minutes to the gentlewoman

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.060 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3821 from New York (Ms. TENNEY), an out- businesses should be protected by the automobile floor. You know an awful standing member of the Financial Consumer Financial Protection Board, lot about laptops, but you know noth- Services Committee. not targeted by them. ing about blacktop. You get on that Ms. TENNEY. Mr. Speaker, I thank Mr. Speaker, I ask that my col- floor, you get on that lot, and you Chairman HENSARLING for yielding, and leagues and everyone join us in sup- work with people to make sure they a special thank you to my colleague porting S.J. Res. 57 and finally rescind can have affordable transportation—af- from New York, LEE ZELDIN, for his this flawed guidance by the CFPB. fordable transportation. support of S.J. Res. 57. Ms. MAXINE WATERS of California. Rather than this person trying to ar- Mr. Speaker, it has been 5 years since Mr. Speaker, I am sitting here appalled range financing by himself or herself, the Consumer Financial Protection at what I am hearing from the opposite we rely on a dealer, who has great, Board circumvented the formal rule- side of the aisle, the fact that they great heft within the financial commu- making process by unfairly denying would use the Congressional Review nity and to talk to lenders and say, consumers and small businesses the Act to attack guidance and then have ‘‘We have a great customer here who is right to comment on guidance that will the audacity to say in the resolution looking to buy a car. We need you to directly affect them. that they can never, ever again in per- work with us to get them in this trans- By executing this wrongful end run petuity ever have anything like this portation.’’ How in the world can you around the proper rulemaking process, again. reduce this down to discrimination? the CFPB created much uncertainty in Mr. Speaker, I reserve the balance of We are doing the same thing every the $1.1 trillion auto lending market. my time. day that you are doing. We are trying In fact, in testimony before our com- Mr. HENSARLING. Mr. Speaker, I to make sure that we are making mittee, the former Director, Mr. Rich- yield 2 minutes to the gentleman from America great every day in every way. ard Cordray, admitted to me in testi- Pennsylvania (Mr. KELLY), an out- The best way to do that is to stop talk- mony that he had to circumvent the standing member of the Ways and ing about discrimination and start rules to target auto lenders. Means Committee and chair of the talking about the Nation. We are com- More than half of car buyers finance Congressional Auto Caucus. ing together as a people in spite of their purchases when acquiring an Mr. KELLY of Pennsylvania. Mr. what you say. automobile. These consumers have the Speaker, I thank the chairman for The SPEAKER pro tempore. Mem- ability to obtain great auto rates yielding and giving me some time. bers are reminded to address their re- through their dealer-assisted finance, Mr. Speaker, I just heard the phrase marks to the Chair. otherwise known as indirect lending. that ‘‘I am appalled’’ by what is taking I have personally met many highly Ms. MAXINE WATERS of California. place on the floor today. I will tell you, credible auto dealers in my district Mr. Speaker, I yield myself such time I join in those comments, and I really who are strongly committed to their as I may consume. do believe that. communities and the consumers who I would ask the gentleman from For a person whose family has been they serve. In fact, one auto dealer Pennsylvania (Mr. KELLY) to please not in the automobile business since 1953 that I met with specifically does not leave, because I want you to know that and sold thousands and thousands of even take any form of picture ID when I am more offended as an African- cars to people of any color, it doesn’t determining lending just to avoid any American woman than you will ever matter the color of the person buying kind of scrutiny that would actually be. the car. Do we match them up with the suggest that they were doing any kind And this business about making transportation need that they were of discrimination. America great again, it is your Presi- These auto dealers—and they are looking for, and were we able to ar- dent that is dividing this country. mostly small businesses—comply with range financing that was affordable to And don’t talk to me about the fact fair lending policies and practices them? You cannot be in business for 65 that we don’t understand. That is the while meeting the needs of their con- years doing it the wrong way. attitude that has been given toward sumers who desperately need to buy a To impugn the integrity of the auto- women time and time again. car and often finance through their mobile people is absolutely beyond re- The SPEAKER pro tempore. The gen- auto dealer. proach. If you run out of facts, I guess tlewoman will suspend. However, this flawed, unstudied guid- the next thing you have to go to is dis- The Chair wishes to remind all Mem- ance, through the statistics we have crimination. When we talk this way, it bers to address their remarks to the heard from the other side, threatens to is so divisive, but that is the platform: Chair. eliminate the flexibility these small Let’s divide them, let’s try to separate Ms. MAXINE WATERS of California. businesses, these small auto dealers them—the color of the skin, the shape I respect the Chair, but don’t stop me need to offer discounted interest rates of their eye, their gender. Let’s make in the middle when you didn’t stop him to consumers who need to purchase a sure that we can make every statement in the middle. So I shall continue. car on credit with a very limited budg- possible to show that there are bad Don’t you dare talk to me like that et, especially in my community. people out there doing things to other and think that somehow women don’t Last Congress, multiple bipartisan folks and it is only by discrimination understand what goes on on the floor of letters and bills called for the CFPB to that these things get done. automobile dealers. correct and reissue their guidance, I will tell you, I am greatly offended The SPEAKER pro tempore. The gen- which would bring clarity to the mar- as a member of the automobile indus- tlewoman is reminded to direct her re- ket, and study the impact this digres- try and as someone who has served marks to the Chair. sion would have on lower income con- thousands of people. The gentlewoman will continue in sumers. However, the CFPB refused to If you think the dealers are that bad, order. provide help on multiple occasions. please go to your hometown and look Ms. MAXINE WATERS of California. It is indeed ironic that the very agen- at the Little League fence and find out And I am saying that I will continue to cy which is supposed to protect con- whose name is out there. Look at your do that. However, I don’t appreciate sumers is, in fact, harming them with high school programs and see who it is that you did not interrupt him when he its flawed guidance rules. Congress cre- that is funding all these things. Go to was making those outrageous remarks ated the Consumer Financial Protec- any charity and see who is on the list about him knowing more about dis- tion Board to protect consumers, not of who takes care of people. crimination than I know about dis- hurt them. To sit here today and have to listen crimination. I resent that. The SPEAKER pro tempore. The to that somehow this is discriminatory And I resent the remark about mak- time of the gentlewoman has expired. just adds to the fact that when you are ing America great again. He is down Mr. HENSARLING. Mr. Speaker, I out of facts, when you don’t know what here making a speech for this dishonor- yield the gentlewoman an additional 30 you are talking about and what you able President of the United States of seconds. have never done—not one of your peo- America. Ms. TENNEY. Mr. Speaker, I just ple have ever been on the floor and— Having said that, I reserve the bal- want to emphasize that these small not this floor. I am talking about the ance of my time.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.062 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3822 CONGRESSIONAL RECORD — HOUSE May 8, 2018 Mr. HENSARLING. Mr. Speaker, I re- Oh, yes I have. My husband was in make that accusation is an outrage, serve the balance of my time. the car business. I know a lot about it. and it is why we need to ensure that Ms. MAXINE WATERS of California. Mr. Speaker, I yield back the balance S.J. Res. 57 is voted on affirmatively Mr. Speaker, there are times on the of my time. today. floor of this Congress that we hear Mr. HENSARLING. Mr. Speaker, I Mr. Speaker, I yield back the balance some of the most outrageous comments yield myself such time as I may con- of my time. in defense of some of the most out- sume. The SPEAKER pro tempore. All time rageous practices. It is rare, but I have found common for debate has expired. This resolution is yet another harm- ground with the ranking member; and Pursuant to House Resolution 872, ful piece of legislation from the major- the common ground is I have never the previous question is ordered on the ity that should be rejected. Week after heard such outrageous comments on joint resolution. week, instead of working to benefit the House floor as other Members of The question is on the third reading hardworking Americans and protect the other side of the aisle come and ac- of the joint resolution. the public from abusive financial insti- cuse us of defending discrimination? The joint resolution was ordered to tutions, Republicans have advanced Number one, almost half of her cau- be read a third time, and was read the legislation to undermine and remove cus supported S.J. Res. 57 to get rid of third time. consumer and investor protections, this in the last Congress. The SPEAKER pro tempore. The threaten the stability of our economy And I hope every single car dealer in question is on the passage of the joint and financial system, and benefit bad America is listening to my colleagues resolution. actors in the financial services indus- on the other side of the aisle who have The question was taken; and the try. They are taking our system of fi- come down here on the House floor to Speaker pro tempore announced that nancial regulation in precisely the accuse them of racism. With what? The the ayes appeared to have it. wrong direction. proof of a report that has a universe of Mr. HENSARLING. Mr. Speaker, on Today, as we have discussed, the ma- two? that I demand the yeas and nays. jority is putting forth a Congressional Again, it makes a mockery of the The yeas and nays were ordered. Review Act resolution that would re- Equal Opportunity Credit Act. The vote was taken by electronic de- peal important Consumer Financial And for those to come to the House vice, and there were—yeas 234, nays Protection Bureau guidance to prevent floor and say they are appalled by dis- 175, answered ‘‘present’’ 1, not voting discrimination by indirect auto lend- crimination? Well, where were they 18, as follows: when the Bureau of Consumer Finan- ers. [Roll No. 171] This resolution would set back ef- cial Protection was accused of having a YEAS—234 forts to prevent discriminatory auto pervasive culture of retaliation and in- timidation? They were found to engage Abraham Diaz-Balart Kelly (PA) lending, harm consumers, and make it Aderholt Donovan King (IA) harder for responsible businesses to fol- in discrimination, but what did we hear Allen Duffy King (NY) low the law. It is senseless and mis- from the other side of the aisle? We Amash Duncan (SC) Kinzinger guided. heard crickets. We heard crickets, Mr. Amodei Duncan (TN) Knight Speaker. Arrington Dunn Kustoff (TN) b 1615 Babin Emmer LaHood Now, what is next? What are we Bacon Estes (KS) LaMalfa The resolution would also set a dan- going to hear from our friends on the Banks (IN) Faso Lamborn gerous precedent by repealing years- other side of the aisle next? Are we Barletta Ferguson Lance old regulatory guidance, which is not Barr Fitzpatrick Latta going to hear that every pharmacist in Barton Fleischmann Lesko how the Congressional Review Act was America is a Fascist? Are we going to Bergman Flores Lewis (MN) intended to be used. Opening the door hear that every single doctor in Amer- Biggs Fortenberry LoBiondo to inappropriate uses of the Congres- ica is engaged in spousal abuse? Where Bilirakis Foxx Long Bishop (MI) Frelinghuysen Loudermilk sional Review Act like this one threat- is the proof? Bishop (UT) Gaetz Love ens the important work of regulators, People are trying to sell cars and Black Gallagher Lucas not just of the financial services indus- help them get into transportation. Blackburn Garrett Luetkemeyer try, but of all industries. Blum Gianforte MacArthur And, oh, by the way, Mr. Speaker, al- Bost Gibbs Marchant So I call upon my colleagues across most every American now has one of Brady (TX) Gohmert Marino the aisle to work with the Democrats these. Go to your smartphone and Brat Gonzalez (TX) Marshall on policies that strengthen consumer Google ‘‘auto finance.’’ And guess Brooks (AL) Goodlatte Massie Brooks (IN) Gosar Mast protections, rather than the harmful what? At least on mine, it comes up Buck Gowdy McCarthy rollbacks like the one before us today. State Farm, Lending Tree, Bank of Bucshon Granger McCaul I urge Members to oppose the resolu- America, Chase, RoadLoans. Nobody Budd Graves (GA) McClintock tion. Burgess Graves (LA) McHenry forces you to take the financing pack- Byrne Graves (MO) McKinley And I want my friends on the oppo- age of the dealer, even though often it Calvert Green, Gene McMorris site side of the aisle to know that we is a better choice than other lenders. Carter (GA) Griffith Rodgers don’t easily get up and talk about dis- It is so easy, Mr. Speaker, to come to Carter (TX) Grothman McSally Chabot Guthrie Meadows crimination against minorities and the floor and say, My Lord, the charge Cheney Handel Mitchell people of color. We don’t like to have is serious; therefore, you must be Coffman Harper Moolenaar to do this. We wish that we had come guilty until proven innocent. Cole Harris Mooney (WV) to a time in the history of this country This is an embarrassing day for the Collins (GA) Hartzler Mullin Collins (NY) Hensarling Murphy (FL) where it did not happen. House, Mr. Speaker, absolutely embar- Comer Herrera Beutler Newhouse But I am appalled when the opposite rassing, and we ought to stand for the Comstock Hice, Jody B. Noem side of the aisle stands up in strong de- rule of law. Conaway Higgins (LA) Norman Cook Hill Nunes fense of discrimination. If they were When my friends on the other side of Cooper Holding Olson really interested in working with the the aisle so jealously guard the sanc- Correa Hollingsworth Palazzo Democrats they would say we have a tity of Dodd-Frank, why haven’t we Costa Hudson Palmer better methodology of determining heard their voice today? Why aren’t Costello (PA) Huizenga Paulsen Cramer Hultgren Pearce whether or not there is discrimination. they defending Dodd-Frank today? Be- Crawford Hunter Perry We want to work with you. We want to cause Dodd-Frank, itself, as coming Cuellar Hurd Peterson do whatever is necessary to ensure that down from Mount Sinai said, Thou Culberson Issa Poliquin Curbelo (FL) Jenkins (KS) Posey no one is discriminated against, yet I shall not regulate auto dealers. Curtis Johnson (LA) Ratcliffe hear from Members like Mr. KELLY And so now we are throwing Dodd- Davidson Johnson (OH) Reed who come to the floor talking about we Frank overboard. We are calling auto Davis, Rodney Johnson, Sam Reichert don’t know what we are talking about, dealers racists. It is, indeed, out- Denham Jordan Rice (SC) Dent Joyce (OH) Roby we don’t understand it, we have never rageous comments. And to come here DeSantis Katko Roe (TN) been on the floor of a dealership. to the House floor and so recklessly DesJarlais Kelly (MS) Rogers (AL)

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.064 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3823 Rohrabacher Simpson Walberg BEATTY, Mr. BISHOP of Georgia, and tigate the circumstances around the Rooney, Francis Smith (MO) Walden Ms. HANABUSA changed their vote resignation of the House Chaplain; Rooney, Thomas Smith (NE) Walker J. Smith (NJ) Walorski from ‘‘yea’’ to ‘‘nay.’’ The select committee shall be com- Roskam Smith (TX) Walters, Mimi Messrs. GONZALEZ of Texas and prised of six members, of which three Ross Smucker Weber (TX) FORTENBERRY changed their vote shall be appointed by the chair of the Rothfus Stefanik Webster (FL) from ‘‘nay’’ to ‘‘yea.’’ Committee on Ethics and three by the Rouzer Stewart Wenstrup Royce (CA) Stivers So the joint resolution was passed. ranking member of the Committee on Westerman Russell Taylor Williams The result of the vote was announced Ethics; Rutherford Tenney Wilson (SC) as above recorded. The select committee shall inves- Sanford Thompson (PA) tigate the motivations and actions Schrader Thornberry Wittman A motion to reconsider was laid on Schweikert Tipton Womack the table. that led to the resignation of the Chap- Woodall Scott, Austin Trott f lain, including the decisions to remove Scott, David Turner Yoder the Chaplain and the process by which Sensenbrenner Upton Yoho RAISING A QUESTION OF THE Sessions Valadao Young (AK) Members of Congress were notified of Shimkus Vela Young (IA) PRIVILEGES OF THE HOUSE the resignation; Shuster Wagner Zeldin Mr. CROWLEY. Mr. Speaker, pursu- The select committee shall provide a NAYS—175 ant to clause 2(a)(1) of rule IX, I rise to report to the House by July 13, 2018. The SPEAKER pro tempore. The Aguilar Garamendi O’Halleran give notice of my intent to raise a Barraga´ n Gomez O’Rourke question of the privileges of the House. Chair will now recognize the gentleman Bass Gottheimer Pallone The form of the resolution is as fol- from New York to offer the resolution Beatty Green, Al Panetta lows: just noticed. Bera Grijalva Pascrell Does the gentleman offer the resolu- Beyer Hanabusa Payne Whereas, the tradition of the House Bishop (GA) Hastings Pelosi Chaplain dates to the earliest days of tion? Blumenauer Heck Perlmutter the House of Representatives, begin- Mr. CROWLEY. Mr. Speaker, I do. Blunt Rochester The SPEAKER pro tempore. The Higgins (NY) Peters ning in 1789; Bonamici Himes Pingree Clerk will report the resolution. Boyle, Brendan Hoyer Pocan Whereas, the role of House Chaplain The Clerk read as follows: F. Huffman Polis has been filled by 60 individuals of var- Brady (PA) Jackson Lee Price (NC) ious religious denominations, serving H. RES. 878 Brown (MD) Jayapal Quigley Members of Congress of all faiths; Whereas, the tradition of the House Chap- Brownley (CA) Jeffries Raskin lain dates to the earliest days of the House Bustos Johnson (GA) Rice (NY) Whereas, Father Patrick Conroy has of Representatives, beginning in 1789; Butterfield Kaptur Richmond served honorably as House Chaplain Capuano Keating Ros-Lehtinen Whereas, the role of House Chaplain has Carbajal Kelly (IL) Rosen since May 25, 2011, when he was ap- been filled by 60 individuals of various reli- Ca´ rdenas Kennedy Roybal-Allard pointed by then-Speaker John A. Boeh- gious denominations, serving Members of Cartwright Khanna Ruiz ner in consultation with Democratic Congress of all faiths; Castor (FL) Kihuen Ruppersberger Leader Nancy Pelosi; Whereas, Father Patrick Conroy has Castro (TX) Kildee Rush Whereas, Father Conroy had been re- served honorably as House Chaplain since Chu, Judy Kilmer Ryan (OH) May 25, 2011, when he was appointed by then- Cicilline Kind Sa´ nchez appointed and elected by the House of Speaker John A. Boehner in consultation Clark (MA) Krishnamoorthi Sarbanes Representatives on three separate oc- with Democratic Leader Nancy Pelosi; Clarke (NY) Lamb Schakowsky Clay Langevin Schiff casions, most recently January 3, 2017; Whereas, Father Conroy had been re-ap- Cleaver Larsen (WA) Schneider Whereas, on April 16, 2018, the Na- pointed and elected by the House of Rep- Clyburn Larson (CT) Scott (VA) tion’s first Jesuit—and only the second resentatives on three separate occasions, Cohen Lawrence Serrano Catholic—Chaplain of the U.S. House of most recently January 3, 2017; Connolly Lawson (FL) Sewell (AL) Whereas, on April 16, 2018, the nation’s Courtney Lee Shea-Porter Representatives submitted his resigna- first Jesuit—and only the second Catholic— Crist Levin Sherman tion before the full House; Chaplain of the U.S. House of Representa- Crowley Lewis (GA) Sinema Whereas, the Chaplain had only eight tives submitted his resignation before the Davis (CA) Lieu, Ted Sires months remaining in his term of serv- full House; Davis, Danny Loebsack Smith (WA) Whereas, the Chaplain had only eight DeFazio Lofgren Soto ice to the House; DeGette Lowenthal Speier Whereas, this resignation was re- months remaining in his term of service to Delaney Lowey Suozzi quested by the office of Paul D. Ryan, the House; DeLauro Lujan Grisham, Swalwell (CA) Whereas, this resignation was requested by DelBene M. Takano Speaker of the House of Representa- the office of Paul D. Ryan, Speaker of the Demings Luja´ n, Ben Ray Thompson (CA) tives; House of Representatives; DeSaulnier Lynch Thompson (MS) Whereas, the Speaker’s office said Whereas, the Speaker’s office said ‘‘. . . Deutch Maloney, Titus ‘‘. . . the decision (to remove the Chap- the decision (to remove the Chaplain) was Dingell Carolyn B. Tonko lain) was his (Speaker Ryan’s);’’ his (Speaker Ryan’s);’’ Doggett Maloney, Sean Torres Whereas, on May 3, 2018, Father Conroy Doyle, Michael Matsui Tsongas Whereas, on May 3, 2018, Father submitted a letter retracting and rescinding F. McEachin Vargas Conroy submitted a letter retracting Ellison McGovern Veasey his resignation, which was accepted by Engel McNerney Vela´ zquez and rescinding his resignation, which Speaker Ryan; Eshoo Meeks Visclosky was accepted by Speaker Ryan; Whereas, despite the Speaker’s statement Espaillat Meng Walz Whereas, despite the Speaker’s state- accepting this retraction letter, a number of Esty (CT) Moore Wasserman ment accepting this retraction letter, a Members of Congress remain concerned Evans Moulton Schultz number of Members of Congress remain about what motivated the original request Foster Nadler Waters, Maxine for Father Conroy to resign and the lack of Frankel (FL) Napolitano Watson Coleman concerned about what motivated the adequate notification or explanation given Fudge Neal Welch original request for Father Conroy to Gabbard Nolan Wilson (FL) to Members; Gallego Norcross Yarmuth resign and the lack of adequate notifi- Whereas, the rights of Members of the cation or explanation given to Mem- House of Representatives were undermined ANSWERED ‘‘PRESENT’’—1 bers; when the leader of one party made a unilat- Buchanan Whereas, the rights of Members of eral decision to ask for the resignation of the Chaplain; NOT VOTING—18 the House of Representatives were un- Whereas, this resignation and the cir- Adams Jones Pittenger dermined when the leader of one party cumstances behind it has compromised the Carson (IN) Kuster (NH) Poe (TX) made a unilateral decision to ask for integrity and the dignity of the House of Cummings Labrador Renacci the resignation of the Chaplain; Representatives by politicizing the office of ´ Gutierrez Lipinski Rogers (KY) Whereas, this resignation and the cir- the House Chaplain; Jenkins (WV) McCollum Rokita Resolved, that there is hereby established a Johnson, E. B. Messer Scalise cumstances behind it has compromised the integrity and the dignity of the select committee to investigate the cir- b 1648 House of Representatives by politi- cumstances around the resignation of the House Chaplain; Mses. BASS, MICHELLE LUJAN cizing the office of the House Chaplain; The select committee shall be comprised of GRISHAM of New Mexico, SA´ NCHEZ, Resolved, that there is hereby estab- six members, of which three shall be ap- Mr. HIGGINS of New York, Mrs. lished a select committee to inves- pointed by the chair of the Committee on

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A08MY7.022 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3824 CONGRESSIONAL RECORD — HOUSE May 8, 2018 Ethics, and three by the ranking member of The question was taken; and the Castor (FL) Huffman Perlmutter the Committee on Ethics; Speaker pro tempore announced that Castro (TX) Jackson Lee Peters Chu, Judy Jayapal Peterson The select committee shall investigate the the ayes appeared to have it. motivations and actions that led to the res- Cicilline Jeffries Pingree ignation of the Chaplain, including the deci- Mr. CROWLEY. Mr. Speaker, on that Clark (MA) Johnson (GA) Pocan Clarke (NY) Kaptur sions to remove the Chaplain and the process I demand the yeas and nays. Polis Clay Keating Price (NC) by which Members of Congress were notified The yeas and nays were ordered. Cleaver Kelly (IL) Quigley of the resignation; The vote was taken by electronic de- Clyburn Kennedy Raskin The select committee shall provide a re- vice, and there were—yeas 223, nays Cohen Khanna Rice (NY) port to the House by July 13, 2018. Connolly Kihuen 182, not voting 23, as follows: Richmond The SPEAKER pro tempore. The res- Cooper Kildee Roybal-Allard [Roll No. 172] Correa Kilmer Ruiz olution qualifies. Costa Kind YEAS—223 Ruppersberger MOTION TO TABLE Courtney Krishnamoorthi Rush Mr. MCCARTHY. Mr. Speaker, I have Abraham Gohmert Noem Crist Lamb Ryan (OH) Aderholt Goodlatte Norman Crowley Langevin Sa´ nchez a motion at the desk. Allen Gosar Nunes Cuellar Larsen (WA) Sarbanes The SPEAKER pro tempore. The Amodei Gowdy Olson Davis (CA) Larson (CT) Schakowsky Arrington Granger Palazzo Davis, Danny Lawrence Clerk will report the motion. Schiff Babin Graves (GA) Palmer DeFazio Lawson (FL) The Clerk read as follows: Schneider Bacon Graves (LA) Paulsen DeGette Lee Schrader Mr. McCarthy moves to lay the resolution Banks (IN) Graves (MO) Pearce Delaney Levin Scott (VA) on the table. Barletta Griffith Perry DeLauro Lewis (GA) Serrano PARLIAMENTARY INQUIRIES Barr Grothman Poliquin DelBene Lieu, Ted Barton Guthrie Posey Sewell (AL) Mr. CROWLEY. Mr. Speaker, par- Demings Loebsack Bergman Handel Ratcliffe DeSaulnier Lofgren Shea-Porter liamentary inquiry. Biggs Harper Reed Deutch Lowenthal Sherman The SPEAKER pro tempore. The gen- Bilirakis Harris Reichert Dingell Lowey Sinema tleman will state his parliamentary in- Bishop (MI) Hartzler Rice (SC) Doggett Lujan Grisham, Sires Bishop (UT) Hensarling Roby Doyle, Michael M. Smith (WA) quiry. Black Herrera Beutler Roe (TN) F. Luja´ n, Ben Ray Soto Blackburn Hice, Jody B. Rogers (AL) Mr. CROWLEY. Mr. Speaker, is this Ellison Lynch Speier Blum Higgins (LA) Rohrabacher motion privileged? Engel Maloney, Suozzi Bost Hill Rooney, Francis Eshoo Carolyn B. Swalwell (CA) The SPEAKER pro tempore. The gen- Brady (TX) Holding Rooney, Thomas Espaillat Maloney, Sean Takano tleman from California has offered a Brooks (AL) Hollingsworth J. Esty (CT) Matsui Thompson (CA) Brooks (IN) Hudson Ros-Lehtinen motion to table the question of privi- Evans McEachin Thompson (MS) lege. Buchanan Huizenga Roskam Buck Hultgren Ross Foster McGovern Titus Mr. CROWLEY. Mr. Speaker, I am Bucshon Hunter Rothfus Frankel (FL) McNerney Tonko asking on the underlying resolution be- Budd Hurd Rouzer Fudge Meeks Torres Burgess Issa Royce (CA) Gabbard Meng Tsongas fore you, is it a privileged resolution? Gallego Moore The SPEAKER pro tempore. The Byrne Jenkins (KS) Russell Vargas Calvert Johnson (LA) Rutherford Garamendi Moulton Veasey Chair announced that the resolution Carter (GA) Johnson (OH) Sanford Gomez Murphy (FL) Vela qualified as privileged. Carter (TX) Johnson, Sam Schweikert Gonzalez (TX) Nadler Vela´ zquez Mr. CROWLEY. Mr. Speaker, further Chabot Jordan Scott, Austin Gottheimer Neal Visclosky Green, Al Nolan parliamentary inquiry. Cheney Joyce (OH) Sensenbrenner Walz Coffman Katko Sessions Green, Gene Norcross Wasserman The SPEAKER pro tempore. The gen- Cole Kelly (MS) Shimkus Grijalva O’Halleran Schultz tleman will state his parliamentary in- Collins (GA) Kelly (PA) Shuster Hanabusa O’Rourke Waters, Maxine quiry. Collins (NY) King (IA) Simpson Hastings Pallone Watson Coleman Comer King (NY) Smith (MO) Heck Panetta Welch Mr. CROWLEY. Mr. Speaker, could Comstock Kinzinger Smith (NE) Higgins (NY) Pascrell Wilson (FL) the House consider this motion imme- Conaway Knight Smith (NJ) Himes Payne Yarmuth diately? The gentleman from New York Cook Kustoff (TN) Smith (TX) Hoyer Pelosi requests: Can the House consider this Costello (PA) LaHood Smucker Cramer LaMalfa Stefanik NOT VOTING—23 motion immediately? Crawford Lamborn Stewart The SPEAKER pro tempore. The Culberson Lance Stivers Adams Jones Poe (TX) House will first consider the pending Curbelo (FL) Latta Taylor Blunt Rochester Kuster (NH) Renacci Curtis Lesko Tenney Brat Labrador Rogers (KY) motion to table. Davidson Lewis (MN) Thompson (PA) Carson (IN) Lipinski Rokita Mr. CROWLEY. Mr. Speaker, further Davis, Rodney LoBiondo Thornberry Cummings McCollum Rosen parliamentary inquiry. Denham Long Tipton Gutie´rrez Messer Scalise Jenkins (WV) Napolitano The SPEAKER pro tempore. The gen- Dent Loudermilk Trott Scott, David DeSantis Love Turner Johnson, E. B. Pittenger tleman from New York will state his DesJarlais Lucas Upton parliamentary inquiry. Diaz-Balart Luetkemeyer Valadao 1714 Mr. CROWLEY. Will the Chair rule as Donovan MacArthur Wagner b to whether or not the House could con- Duffy Marchant Walberg Duncan (SC) Marino Walden So the motion to table was agreed to. sider this motion immediately? Duncan (TN) Marshall Walker The result of the vote was announced The SPEAKER pro tempore. The Dunn Massie Walorski House will first consider the motion to Emmer Mast Walters, Mimi as above recorded. Estes (KS) McCarthy Weber (TX) table. If the motion fails, then the Faso McCaul Webster (FL) A motion to reconsider was laid on House could pursue other dispositions Ferguson McClintock Wenstrup the table. of the resolution. Fitzpatrick McHenry Westerman Mr. CROWLEY. Mr. Speaker, one Fleischmann McKinley Williams PERSONAL EXPLANATION Flores McMorris Wilson (SC) more further parliamentary inquiry. Fortenberry Rodgers Wittman Mr. SCALISE. Mr. Speaker, I was unavoid- The SPEAKER pro tempore. The gen- Foxx McSally Womack ably detained. Had I been present, I would Frelinghuysen Meadows Woodall tleman from New York will state his hae voted ‘‘yea’’ on rollcall No. 171 and ‘‘yea’’ parliamentary inquiry. Gaetz Mitchell Yoder Gallagher Moolenaar Yoho on rollcall No. 172. Mr. CROWLEY. Mr. Speaker, the Garrett Mooney (WV) Young (AK) vote to table that you are speaking of Gianforte Mullin Young (IA) PERSONAL EXPLANATION will prevent this measure from coming Gibbs Newhouse Zeldin Mr. CARSON of Indiana. Mr. Speaker, on to the floor today immediately. Is that NAYS—182 May 8, 2018 I was in my district for my pri- not true? Aguilar Bishop (GA) Brownley (CA) mary election and missed rollcall votes 169, The SPEAKER pro tempore. The Amash Blumenauer Bustos House will now consider the motion to Barraga´ n Bonamici Butterfield 170, 171, and 172. Had I been present, I table. Bass Boyle, Brendan Capuano would have voted: ‘‘Nay’’ on rollcall 169, Beatty F. Carbajal The question is on the motion offered Bera Brady (PA) Ca´ rdenas ‘‘Nay’’ on rollcall 170, ‘‘Nay’’ on rollcall 171, by the gentleman from California. Beyer Brown (MD) Cartwright and ‘‘Nay’’ on rollcall 172.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A08MY7.016 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3825 PERMISSION FOR MEMBER TO BE In classrooms across the country, her life by her favorite saying: ‘‘live, CONSIDERED AS PRIMARY SPON- teachers are doing an excellent job in laugh, and love.’’ SOR OF H.R. 1587 AND H.R. 4199 educating our children and preparing She enjoyed playing intramural soft- ball and working at the staffing firm, Ms. DELAURO. Mr. Speaker, I ask them for their future success. Teachers Ajilon. Carrie recently got engaged in unanimous consent that I may here- are much more than educators. They Hawaii to the love of her life, and they after be considered to be the primary are leaders, and they are role models. were excited to start their life to- sponsor of both H.R. 1587 and H.R. 4199, Mr. Speaker, this week is Teacher Appreciation Week, and I ask that my gether. bills originally introduced by Rep- She went to the Route 91 festival in resentative Slaughter of New York, for colleagues join me in honoring our teachers not just today, but every day. Las Vegas on October 1 with four of her the purposes of adding cosponsors and friends for a girls trip. Carrie always requesting reprintings pursuant to On a personal note, I ask that my colleagues join me in honoring three loved dancing and singing to her favor- clause 7 of rule XII. ite country songs, and she made sure to The SPEAKER pro tempore (Mr. teachers in my life: My father, the late Congressman ensure everyone was having a good BUDD). Is there objection to the request Donald Payne, Sr., was a high school time. Her friends remember her as of the gentlewoman from Connecticut? being a ‘‘one in a million friend’’ who There was no objection. teacher who used his time in Congress to fight for K–12 education at home and was young, vibrant, and full of life. f abroad; I would like to extend my condo- lences to Carrie Parsons’ family and REPORT ON RESOLUTION PRO- My sister, Wanda Payne, just retired friends. Please know that the city of VIDING FOR CONSIDERATION OF last year from teaching kindergarten Las Vegas, the State of Nevada, and H.R. 3053, NUCLEAR WASTE POL- and pre-K and special needs children the whole country grieve with you. ICY AMENDMENTS ACT OF 2017 for 31 years; and My sister, Nicole Payne, who is direc- f Mr. WOODALL, from the Committee tor of alternative education for the on Rules, submitted a privileged report MENTAL HEALTH AWARENESS Paterson School District in New Jer- (Rept. No. 115–665) on the resolution (H. MONTH sey. Res. 879) providing for consideration of (Mr. FITZPATRICK asked and was My father and sisters, like teachers the bill (H.R. 3053) to amend the Nu- given permission to address the House across this country, help young people clear Waste Policy Act of 1982, and for for 1 minute and to revise and extend grow into strong, capable adults. For other purposes, which was referred to his remarks.) that, let’s honor them. the House Calendar and ordered to be Mr. FITZPATRICK. Mr. Speaker, printed. f May is Mental Health Awareness f ENACTING TERM LIMITS Month, and I would like to take this opportunity to discuss the need for in- (Mr. FRANCIS ROONEY of Florida CELEBRATING THE BAPTISMS OF creased mental health awareness and asked and was given permission to ad- DR. FRANK GASKILL, OLIVIA resources in our communities. I would dress the House for 1 minute and to re- GASKILL, AND MADDOX GASKILL like to recognize an organization in my vise and extend his remarks.) (Mr. NORMAN asked and was given Mr. FRANCIS ROONEY of Florida. district, in Bucks County, Pennsyl- permission to address the House for 1 Mr. Speaker, I rise today to discuss a vania, that does just that. The Bucks County Crisis Interven- minute and to revise and extend his re- creative solution to enacting term lim- tion Team, founded in 2008, brings to- marks.) its without amending the Constitution, gether law enforcement, mental health Mr. NORMAN. Mr. Speaker, I rise H.R. 5539, the Thomas Jefferson Public professionals, and local officials to re- today to celebrate the baptism of Dr. Service Act of 2018. inforce the treatment of mental illness Frank Gaskill and his two children, Under this proposal, after six terms as a disorder and not as a crime. Olivia and Maddox, of Charlotte, North in the House or two in the Senate, Carolina, this past weekend. On May 6, I am appreciative of the law enforce- Members of Congress will only receive ment officers who, last month, became at the Myers Park United Methodist $1 a year in compensation for their Church, I was able to celebrate a mem- certified as members of the Bucks service, effectively implementing real County Crisis Intervention Team, the ber joining the church of faith. term limits. Again, no constitutional Dr. Gaskill is a psychologist and au- 18th class to do so. amendment necessary. I would also like to thank mental thor, who has dedicated his life to help- Critics may say this will create a ing children with Asperger’s. After health advocate Sharon Curran, whose Congress full of rich people, but, in involvement with this program and earning his bachelor of arts, master’s, fact, people using this argument are and Ph.D. in psychology from the Uni- work with the Lenape Valley Founda- exactly the career politicians we need tion makes Bucks County a safer and a versity of North Carolina at Chapel to weed out. If a person were to ignore Hill, he went on to develop a practice more accommodating community. the effective 12-year term limit, re- Mr. Speaker, working together with that has been recognized as one of the gardless of how much money they this group, we look forward to ex- most creative, innovative, and best run might have, the culture of term limits panded access to quality mental practices in the United States. would be set in and they would be wide- healthcare for anyone in our commu- I look forward to the positive impact ly opposed, criticized, and should be nity who is in need. Dr. Gaskill will continue to have, and I thrown out. f am overjoyed by his commitment to Eighty-six percent of our customers, his faith. the voters, want term limits. As a busi- HONORING ‘‘SUPER’’ COOPER Dr. Gaskill, as you begin this new nessperson, I am just figuring out how BUSCH part of your life, look to Psalm 37:3, to get them what they want. That is (Ms. TENNEY asked and was given which reminds us: ‘‘Trust in the Lord what we do in the real world: satisfy permission to address the House for 1 and do good; dwell in the land and cul- customers. minute and to revise and extend her re- tivate faithfulness.’’ f marks.) f Ms. TENNEY. Mr. Speaker, I rise HONORING THE LIFE OF CARRIE today to recognize a constituent from RECOGNIZING TEACHER PARSONS the 22nd District of New York, Cooper APPRECIATION WEEK (Mr. KIHUEN asked and was given Busch, better known as Super Cooper. (Mr. PAYNE asked and was given permission to address the House for 1 Cooper Busch of Chenango Bridge, a permission to address the House for 1 minute and to revise and extend his re- spunky, fearless, and loving 4-year-old, minute and to revise and extend his re- marks.) an incredible fighter, born with Down marks.) Mr. KIHUEN. Mr. Speaker, today I syndrome, Cooper was diagnosed in No- Mr. PAYNE. Mr. Speaker, I rise rise to remember the life of Carrie Par- vember of 2016 with acute myeloid leu- today in honor of America’s teachers. sons. Carrie always made sure to live kemia.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.073 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3826 CONGRESSIONAL RECORD — HOUSE May 8, 2018 On Sunday, May 6, sadly, sweet Coo- Well, legislation is a reflection of and it became pervasive at the same per passed away. Cooper is survived by morality. For example, we have laws time. his parents, Tara and Steve; his broth- against murder and rape and assault Some of our peak incidents of abor- er, Cole; and his sister, Hope. and battery and armed robbery, and tion, from 1973 until the latter part of In Cooper’s last month, he received a the list goes on and on of the things that decade, got up to 1.6 million abor- surprise total bedroom makeover, he that are prohibited. They are the re- tions a year. And, today, after 45 years threw out the first pitch for the Rum- flections of the morality of a nation. of Roe v. Wade, this Nation has seen 60 ble Ponies, and he dropped the puck for The lack of such legislation would in- million—some say 61 million—babies the Binghamton Devils. dicate only one of two things: either it aborted. Babies who would be growing Volunteers organized fundraisers, is the lack of morality, or it is a nation up in our society today: going to sent in meals for the Busch family, and that doesn’t need laws to frame it be- school; playing ball; studying; going to sold Super Cooper t-shirts. A local art- cause the morality of the nation is so church; loving their brothers and sis- ist even wrote and illustrated a special enshrined in the culture that there ters, their mothers, their fathers, their book called, ‘‘Super Cooper Saves the doesn’t need to be laws. grandparents, their aunts, their uncles. Day.’’ For example, one of those examples They are gone: 60 million little babies Our condolences are with the entire would be that, for centuries, marriage gone. Busch family during this very difficult was between a man and a woman. We And not only 60 million—there is no time. Cooper’s enduring spirit and didn’t need laws that said so because way to actually describe 60 million ba- bravery are an inspiration to all of us. everybody knew that marriage defined bies as only—but, in addition, there are Super Cooper’s smile, lovable person- a union between a man and a woman— another roughly 60 million who were ality, and his zeal to live each day to in my case, joined together in holy not born because their mothers were the fullest, no matter how challenging, matrimony. aborted. A population between 100 and no matter how much time we may be So as the legislation came forward— 120 million Americans are missing allotted on this very dear Earth, will and I was in the Iowa Senate at the today because of Roe v. Wade’s deci- be his eternal legacy to all of us. time—I remember some of that debate sion—Roe v. Wade and Doe v. Bolton— May Super Cooper rest in peace. and discussion, and it was: Why do we an unsoundly and unjustly decision f need to pass this law to defend mar- that came down from the United States LEGISLATION AS A REFLECTION riage, the Defense of Marriage Act? Supreme Court. OF MORALITY I helped write part of that language, One of the problems we have in this The SPEAKER pro tempore. Under Mr. Speaker, and I had a little bit of a country is we have three branches of the Speaker’s announced policy of Jan- hard time explaining why it was impor- government. A lot of government uary 3, 2017, the gentleman from Iowa tant that we move it, more or less, an teachers and constitutional teachers (Mr. KING) is recognized for 60 minutes insurance policy so that we could pro- instruct that it is three coequal as the designee of the majority leader. tect marriage in Iowa against the branches of government, but that is Mr. KING of Iowa. Mr. Speaker, it is movement that had just begun not not what our Founding Fathers ex- my privilege to address you here on the very much earlier than that by litiga- pected. They defined it, instead, that floor of the United States House of tion out in Hawaii. And then the the judicial branch of government Representatives and to take up any of conflation between civil unions and would be the weakest of the three the topics that are already in order marriage. branches of government. here, which is most every topic deliv- But the reflection of the values of Yet our society, our culture, our civ- ered in a decent fashion. marriage were in our culture so deeply ilization gives such reverence to the But I have some things to talk about that senator after senator stood on the United States Supreme Court that they here tonight that are a bit celebratory, floor and said: Why do we need to do can’t even get their minds around the things that I am pretty happy about. I this? This is a redundant exercise. It is idea of: What do you do if the Court want to discuss, Mr. Speaker, the nar- a waste of our time. Everybody knows comes down with an atrocious, out- rative of a significant accomplishment that marriage is between a man and a rageous, erroneous, nonconstitutional that I think, in the end, will save the woman. decision that visits 60 million deaths of lives of perhaps millions of innocent And we passed the Defense of Mar- innocent babies on our country and an- unborn babies in this country. riage Act. There were only about three other 60 million babies who are not The history of Roe v. Wade goes back or four who voted against it. We won- born because of a result of it? A miss- to January 22, 1973, when the United dered why they did that. They were out ing 100 to 120 million babies—a decision States Supreme Court came down with there in the fringes, so we thought, at of the Supreme Court. a decision. Coupled were two cases the the time. That was about 1998. And what do we do? We accept the decision as if the deci- same day, Roe v. Wade and Doe v. b 1730 Bolton, and those two cases that were sions of the Supreme Court are utterly delivered launched abortion on demand By 2009—and that would only be 11 sacrosanct, and the only way they can in America. It was a stunning set of de- years later—the Iowa Supreme Court ever change is if the circumstances of cisions, the scope of which, the mag- came down with the decision Varnum that Court should change in such a way nitude of which, could not have been v. Brien, which imposed same-sex mar- that the appointments and the con- comprehended at that time. riage on Iowa, the transformation of a firmations to the Court could trans- I remember then, when they came culture that needed a law to protect form and reverse the erroneous deci- down. We had no children yet at that marriage, if we were to protect it. But sions in the past. point. Marilyn and I were married, but once, for thousands of years—I will say Now, there are circumstances where at that age in life and not having any at least for thousands of years—mar- the Supreme Court has reversed their experience with the impact of such a riage was between a man and a woman, own decision. We had the Dred Scott decision—America didn’t have that ex- and it changed. decision that actually wasn’t reversed. perience—the way we analyzed that When something became permissive, That was a decision on slavery. Some thing, didn’t understand how severe then the permissiveness of it changed say that that was an erroneous, poorly this would be. the morality of the situation. That is found decision. Yet, once the decision came down, not a very good description, Mr. Speak- I think I side with Abraham Lincoln there is something that I have learned, er, of what happened with the abortion that it was constitutional at its time. Mr. Speaker, and that is that people circumstances in America. We under- It probably was a decision that con- say: You can’t legislate morality. stood then that life begins at the mo- formed to the Constitution, however I have always thought that was a ment of conception. But when Roe v. morally wrong it was. pretty weak statement and not very Wade came down with the decision that Then along came the 13th, the 14th, defensible, but you hear it quite often: prohibited the States from regulating and the 15th Amendments that rec- You can’t legislate morality. You can’t abortion and prohibiting abortion, then tified the situation that was put upon legislate morality. it became permissible and permissive, us by Dred Scott. And, by the way,

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.074 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3827 600,000 lives lost in the Civil War, put- know that where there is a heartbeat, can do it with the Senators who can be ting an end to slavery and resolving there is life. And we know that if you seated over there next January. I be- the Union. go in and surgically, or by any other lieve that the conscience of America Was the Union going to be something method, snuff out that heartbeat, you will be reflected if we send that over that one could separate from, or once are snuffing out life, the most innocent and put the bill on MITCH MCCONNELL’s you are part of the Union are you al- among us. desk. ways part of the Union? Father Jonathan Morris, a priest Here is the polling that we have also. And, as this turned out, 600,000 Amer- from New York whom we see on FOX There are some people who worry icans were killed in the Civil War, put- News in the morning, one day was com- about public opinion. They should ting an end to slavery—600,000. It menting. He was commenting about know their conscience and act off of sounds like a lot until you compare it how the ladies and the mothers in the their conscience. But off of public opin- to 60 million babies aborted, Mr. church, when their babies start to cry ion, it works this way: the Heartbeat Speaker. too loud, they get up and hustle them bill, H.R. 490. We have a Barna poll This is the worst atrocity ever—accu- out of the church, and he said: Why that was conducted, actually, February mulated effect of it—the worst atrocity would you do that? of last year. ever committed on American soil, and Those are the only innocent voices in It says that 86 percent of Republicans it was sanctified by the Supreme Court that church. Well, the most innocent support the Heartbeat bill without ex- in an unsoundly founded decision. are in the womb, and the most inno- ceptions, 61 percent of Independents Now, the thing that obstructs us cent have been victimized by this idea support it without exceptions, and 55 from getting pro-life legislation passed of convenience, or women’s rights, or percent of Democrats support the is a few people who profess that they that it is not somebody else’s business Heartbeat bill without exceptions. are pro-life—a pro-life organization. to tell someone else what to do with That is an astonishing thing to see They say: Well, we have to respect the their body. that we have a majority of Democrats. Supreme Court decision that it is sac- Well, it isn’t about their body, Mr. I would call that a landslide if I won by rosanct. Speaker. It is about that unique being, 55 percent or more. This is a poll of a The Supreme Court laid out the pa- with that unique combination of DNA. landslide among Democrats where we rameters of viability not only in Roe v. do have a Democrat or two or three Wade and Doe v. Bolton, but also in That is how precious this is. We never know the potential of a baby, an inno- who will vote for this bill. But, for the Planned Parenthood v. Casey in 1992: most part, that has been polarized here this viability concept, which is that if cent unborn baby. There was a story in the news a cou- also. a baby can’t survive outside of the ple of days ago. Now, there are those We used to have at least 60 different womb, it is really not a life. Well, we pro-life Democrats who would come in know better than that because we can who would predict that inside the womb you can identify Down syn- and vote on pro-life legislation. Now I hear their hearts beat, we can watch count maybe three. I hope that number them move around inside of the womb, drome, you can identify other afflic- tions; and those other afflictions, they is more. I regret that the parties have we can watch them squirm, we can gotten this polarized, but some of this might argue, make that baby less than watch them suck their thumb, and we stuff happened when they had to walk perfect. But those babies, when they can watch them move their lips like the plank to vote for ObamaCare, and are loved, are perfect for those who they are trying to talk. the people who replaced them were love them. We bond with these babies now conservative Republicans. That is one We can’t decide with a level of cer- through ultrasound. The ultrasound is of the reasons why we have so many tainty, regardless, when they are in the just about as good as Skype with our cosponsors here on the Republican womb. If there is a heartbeat there, children and grandchildren who are out side—171 cosponsors here—and 162 na- that is an innocent life that is deserv- here breathing this free air. Those are tional organizations or leaders have ing of protection. If we would not end the circumstances that have changed. signed on. We know that it is life. that life of that baby outside of the I notice that Reverend Franklin Gra- The Supreme Court’s decision wasn’t womb, we would not, and should not, ham sent out a tweet in support of soundly found. They weren’t looking at end it inside the womb. So if a heart- Heartbeat legislation here a couple of an ultrasound then, back 45 years ago. beat is detected, the baby is protected. weeks ago. I am a great admirer and We didn’t know whether we had twins, H.R. 490 has 171 cosponsors here in respecter of Reverend Graham, and I or singles, or triplets, or quadruplets the House of Representatives. It has believe that his moral barometer then because we didn’t have enough come further and faster than any sig- matches that of any moral. ability to even listen to the heartbeat nificant piece of pro-life legislation, I The support for this bill has come precisely enough. Today, we can, Mr. believe, since 1973 in Roe v. Wade in the along well. Speaker. first place. I will circle back to the resistance Today, we are listening to heart- We need to get this bill to the floor of that we have that we need to overcome beats, and, today, we are watching ba- this House and send it over and put it yet, Mr. Speaker. bies squirm, and move, and suck their on MITCH MCCONNELL’s desk. There is While we reached a plateau on the thumb, and move their mouth like hardly any room left on MITCH MCCON- Heartbeat bill, it became apparent to they are trying to talk, and get their NELL’s desk these days. That number me that having one line in the water— exercise inside of the womb. Now we must be up to 500 or so bills sitting on however good that line is in the water know. We can’t deny. It is not a blob of his desk. But we can put Heartbeat here in the House of Representatives tissue, it is not some kind of an in- there on top of MITCH MCCONNELL’s behind H.R. 490—it was also important truder. This is a unique DNA, innocent, desk. to get some other lines in the water. unborn human life. When you do that, that is the highest The one thing that I could do was to We brought legislation here to this priority. Whatever it is on top of the take the Heartbeat bill and offer it up Congress called the Heartbeat legisla- desk is the highest priority. And we to the Iowa Legislature. tion, H.R. 490. In this legislation, it can say to MITCH: Bring this thing out I had a conversation with State Sen- says that before an abortionist sets to the floor of the Senate and send ator Brad Zaun. He had a shot and about committing an abortion, he must Heartbeat up to the President’s desk. would have made a good Congressman, first check for a heartbeat with If you can’t do that, send the Presi- but he is chairman of the Judiciary transabdominal ultrasound, which dent to the States where the Demo- Committee in the Iowa Senate today. I picks up a heartbeat between 7 and 8 crats who will vote ‘‘no’’ on it are run- had that conversation with him and weeks from fertilization or conception. ning for office. Remind them that had a conversation with Senator Jason He must first check for a heartbeat. If America is now a pro-life nation, and Schultz. They took the Heartbeat leg- a heartbeat is detected, the baby is this pro-life nation wants to pass pro- islation and brought that into the Iowa protected. life legislation. Senate. This rings not only in our hearts, but If they can’t do it with the Senators The draft of that legislation was it rings true in our conscience. We who are seated over there now, they adapted to a bit of a degree to conform

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.076 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3828 CONGRESSIONAL RECORD — HOUSE May 8, 2018 to the State legislature. They worked votes. There were 100 in the Iowa Heaton as he retires. God bless Dave. I that bill around through their caucus a House. Of the 51 votes we needed, we appreciate his vote. little bit. The chairman of the Judici- only had 35. So a bunch of us went to I appreciate the vote and the work of ary Committee there, Senator Brad work. so many there in the house, including Zaun, said: I am bringing this bill By the way, one of the people at the Speaker Upmeyer, who is a second-gen- through committee. He was keeping me top of my list to thank here in this eration speaker of the house of rep- up to speed with what was going on. CONGRESSIONAL RECORD tonight, Mr. resentatives, who has earned her place That was an intense hearing before Speaker, is the Iowa representative of there and has become a very stable and the committee. I am just going to National Right to Life—who is not sup- a master strategist on how to move speak on what I hear back channel— porting this bill at the national level, legislation through the legislature, not that I was in the room. There were and they need to lead, follow, or get along with Majority Leader Chris some people who wanted to stage a pro- out of the way. But their Iowa rep- Hagenow, who was fully behind the test against the Heartbeat bill. So the resentative, his name is Scott Valen- heartbeat bill from the beginning and, chairman of the Judiciary Committee cia, and he is of Iowa Right to Life. He I think, kept a low profile publicly but looked at them before he gaveled in the was magnificent in the work that he did a lot behind the scenes. committee and said: If anybody has did and the strategy that unfolded and Then another individual whose char- come here to protest, raise your hand, in the network that he had put to- acter I know well, and that is the and I will throw you out now. I liked gether with the pro-life community Speaker Pro Tem Matt Windschitl, who his approach. There was no need to within Iowa. has been part of this strategy all along, throw anybody out because they actu- I could always count on Scott being a very, very steady hand, a very, very ally behaved. at the center, the nexus, of the commu- clear strategist, somebody you want to So there was a quiet, but an intense, nications on who was thinking what, ride the river with. He does come from hearing and markup before the Iowa who was saying what, and helping to over there in the river bottom, not Senate Judiciary Committee, and the inform us in the spreadsheet we put to- very far from me. I appreciate the strategy and the Republicans all voted for the Heartbeat gether to whip the votes. work that each of these individuals did, bill. Then here it sits on the calendar Also on that list would be, from The but this doesn’t stop at this point ei- of the floor of the Iowa Senate. Family Leader, Bob Vander Plaats, whom I have campaigned a lot with. ther, Mr. Speaker. Now the next big milestone needed to The chairman of the Human Re- We worked together to vote three su- be reached, and that is that the major- sources Committee, Joel Fry, did mas- preme court justices off the Iowa ity leader, Bill Dix, brought the topic ter work on it, as well as the floor bench. He and his team at The Family up before the caucus. That is closed manager in the Iowa House, Shannon Leader, including Chuck Hurley, a door, so I am only speculating on what Lundgren. Shannon, I believe, is in her longtime friend, and Danny Carroll, a I picked up also back channel, Mr. first term, and I haven’t gotten to former representative, were stellar in Speaker. But he said to the 29 Repub- know her personally, but here is the their efforts in focusing on how we licans seated there in the caucus: Is narrative that I get from the way she would pull the votes together in the there anybody here who doesn’t want managed that debate in the house. It Iowa House. to vote for this Heartbeat bill? No one was a lot longer in the house. It went There were 32 organizations in the raised their hand, so the decision was on for hours, 5 to 7 hours, something Iowa pro-life coalition. Those are the made: We will bring it to the floor. like that, perhaps more. The bill passed organizations that I referenced, Scott Well, it had been assigned to the around 11:30 that night. chair of the subcommittee for the bill, Valencia, that put his finger on that Shannon, when she had brought the who was Amy Sinclair. Amy Sinclair pulse, but many of these people are bill up there, this was the critique that put together the subcommittee effort people I worked with for years, that go came to me, is that she started out and prepared herself for an intense de- back 20 or more years on this issue, slow, and you might start to wonder if bate. It was expected to be an intense and I am so proud of the work they did. she was going to be able to hold her debate. I pointed out to her that my Our former majority leader here in own through that very, very grueling first debate on the floor of the Iowa the United States House of Representa- trial that had been assigned to her that 1 tives, Tom DeLay, made the trip up to Senate took me 7 ⁄2 hours before I got she was, I think, eager and proud to my bill passed. Iowa to testify in favor of the heart- take on, and she should be proud, be- beat bill before a hearing in the Iowa b 1745 cause she got stronger as the night House of Representatives, along with wore on. It was official English, by the way. It Dr. Kathy Altman, who was a witness So did a number of the other mem- was a long, hard slog, to quote Rums- for us here in Congress as well, Mr. bers of the Iowa House. They stepped feld. Speaker. up to defend their positions and to ad- Hers was entirely different. I thought So I am very, very grateful to all of vocate their narratives. One of them there would be 6, 7, 8, 10 hours of de- these folks and many more, but the would be Steve Holt. He and also Sandy bate. She brought the bill up, made elo- jobs that they did helped move this Salmon, who had introduced her own quent opening remarks, rebutted a few thing in the right direction. The hear- bill, her own pro-life legislation, they of the remarks that were made on the ing was intense, and there was strong were strong and many others were other side, and 24 minutes later, the testimony on both sides, but the voice strong in the way they handled their vote went up on the board, 30–20. for the unborn, the voice for the most debate. An independent voted also—and his innocent prevailed in that hearing. And I didn’t put together a complete, ana- name is David Johnson—for the heart- it gave more confidence to some of the lyzed list here, Mr. Speaker, because, beat bill in the Iowa Senate, along with people that were reluctant to vote in for one thing, I just didn’t have the all 29 Republican senators, 30–20 on 24 favor of the bill on that night. time, but I recognize the risk in nam- minutes of debate. One of those people, I suspect—and I ing names. There definitely are people And it rocketed over to the house of suspect only—would be Dave Heaton, that I have left out. There will be oth- representatives, and, once again, I had who I count as a good friend. I have al- ers that I will try to thread in here, but the misconception of thinking to my- ways enjoyed him and had a certain af- there will always be people that are self, this is going to be easy, but, like fection for the affable gentleman who left out. a lot of things in life, it isn’t that easy. has so many prime ribs down there in Some of them in the middle of this, So, as we began to see how the bill his restaurant in southeast Iowa, but though, were Jack Whitver, who is the was going to move, if it moved at all, when he voted ‘‘yes’’ coming out of leader in the Iowa Senate. I mentioned in the Iowa House, what I learned was committee, he said, ‘‘Yes for now,’’ and Amy Sinclair, the chair of the sub- that they didn’t think they could move I thought maybe that was the end of it. committee and the floor manager in it, they didn’t think they had the But it turned out that we needed 51 the senate. Senator Brad Zaun, whom I votes. The first whip check card that votes. We wouldn’t have had them if it have talked with a lot and grown to ad- we worked on there—we needed 51 hadn’t been for the vote of Dave mire, and I appreciate his drive. He

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.077 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3829 doesn’t hesitate, he doesn’t equivocate, Before I mention the Governor any gress is more than I will do here to- he knows what he believes, and he further, I want to also mention some of night, Mr. Speaker, but Congress strategizes and acts upon it. And Sen- the other help that we had. This prom- banned that procedure. ator Jason Schultz, whom I first ise on heartbeat legislation is rooted Having banned that procedure, it was brought up this topic with. back to a request made by Phyllis litigated by—guess what—Planned Par- I want to thank every representative Schlafly just days before she passed enthood, the advocacy group for abor- and every senator who spoke and who away that I would draft and introduce tion itself, and the Supreme Court voted for the heartbeat bill in the Iowa heartbeat legislation here in Congress. struck down our ban on partial-birth legislature. It was a phenomenal ac- I followed through on that commit- abortion. Of course, they have to use a complishment. ment. rationale, so their rationale was that Last year, they passed a 20-week, She was, in a time of her life, a liv- the act of a partial-birth abortion called sometimes the pain-capable bill. ing, breathing icon, the clearest polit- wasn’t precisely enough defined, that it Many thought that would be the end of ical thinker of our time, a pure con- was vague, and if it was vague, then the effort on pro-life for a while, and stitutionalist, a strong, faithful Chris- how would the abortionist know if he is they came back this year and passed tian woman who left her mark and her committing a crime or not. I said: heartbeat legislation. imprint across this Nation in many, ‘‘You are killing a baby. That ought to Not only was it the work, not only many ways. I have powerful respect for be enough.’’ was it the debate, not only was it the Phyllis Schlafly, for her life, for her Instead, the Supreme Court ruled to negotiations and the votes that were contribution, for her judgment, and for strike down our ban on partial-birth counted and the effort on the whip the promise that I made on the day of abortion, but they wanted a more pre- team from those elected members who her funeral. cise description of it. And they argued worked inside the house of representa- I made that promise sitting in discus- that Congress had not established that tives and the senate, but also the out- sion and consultation with Janet Por- a partial-birth abortion is never medi- side groups, the 32 outside organiza- ter of Faith to Action, who has been cally necessary to save the life of the tions and then some, that came to- the driving force on this, the launching mother. gether. It was a phenomenal, phe- force on this from the beginning. And b 1800 nomenal effort that brought this to- Janet Porter now may be the most So I arrived in this Congress shortly gether. driven pro-life activist in America, and after that decision. We went to work I wanted to say also a couple of she has accomplished a lot to get this on this. The chairman of the Sub- words about how difficult this was for started. She teamed up with Tom committee on the Constitution and some of the most pro-life people that DeLay, our former majority leader Civil Justice at that time, where I am we had. I am not one who believes in here. He made his fame as the whip, the chair of the Subcommittee on the exceptions. I don’t believe that a baby maybe the best whip that we have ever Constitution and Civil Justice today, that is a product of a rape should be ex- seen here in the House of Representa- was STEVE CHABOT of Cincinnati, a ecuted for the crime of their father. tives. Both of them worked pro bono on strong pro-life advocate, and we held Neither do I believe that that should be this to move the votes and get cospon- hearing after hearing in the Constitu- the case for a baby who is a product of sors signed up here in Congress, which tion and Civil Justice Subcommittee. incest, which might be the crime of the gave a lot of credibility to the heart- By the way, the chairman of the full father and it might be the crime of the beat bill on its way to the Iowa legisla- committee at that time was sitting father and the mother. Those babies ture. here just a few minutes ago, Mr. JIM are innocent, and they should have In addition, one of the push-backs SENSENBRENNER. every right to life of every other baby that we got in the Iowa House was, So we established, through congres- conceived at any other time under any ‘‘We don’t want to spend taxpayers’ sional hearings, and wrote a new ban other circumstances. money defending this legislation.’’ It is on partial-birth abortion that precisely But it came to that place where there something that they believe that—I defined the act of a partial-birth abor- were either going to be exceptions or mean, some of the folks would say: We tion that we would prohibit by statute there was going to be no bill passed. I will lose in court. So if you know you and congressional findings, after hear- think there would have been a way we are going to lose, you can’t spend tax- ings, that it is never necessary to com- might have been able to resolve that, payers’ money, knowing you are going mit this heinous act in order to save but by the time it came to that place to lose. the life of the mother. on the calendar, that place on the My response back to that was: We With those congressional findings clock, that place on the legislative know we are going to lose at the lower coupled with the precise definition, we clock, a decision had to be made: Are court level. Anybody that argues that passed the legislation and sent it out we going to bring a bill to the floor of that is a reason not to move pro-life again, and it was litigated again by, the Iowa House with exceptions, or are legislation, because we will lose at the let’s see, Planned Parenthood—or that we going to have no bill whatsoever? district court level, we will lose at the was Carhart. LeRoy Carhart was the That was the decision. That was the circuit level, that is a given, because abortionist out of Omaha who was the crux of the matter. we have a strong precedent established lead on that case, Gonzales v. Carhart, Coming to that place of decision, the by the United States Supreme Court in as I recall. right decision is: Let’s save all the Roe v. Wade, Doe v. Bolton, and But in any case, that precise defini- lives we can. Let’s take all we can and Planned Parenthood v. Casey. Of tion that we drafted and the congres- get as much done as we can. If we could course the lower courts, respecting the sional findings that it is never medi- come back with heartbeat after the 20- Supreme Court, are not going to try to cally necessary to save the life of the week bill last year, maybe next year overturn a Supreme Court decision. We mother were enough to get the same we can come back to eliminate the ex- have to accept the idea that this will Court to reverse themselves and accept ceptions or perhaps even do be litigated, it will go through the the conclusions that Congress had personhood, which is the goal of the lower courts, and as it goes into the drawn because we had conformed to pro-life community. It should be that lower courts, we will lose at each turn their request. case worldwide. until we get to the United States Su- So there is a case where the Court So I know it was a very difficult deci- preme Court. came down on the side of striking down sion for some. I happen to know that To give an example of how this our ban on partial-birth abortion, and Skyler Wheeler may be the most pro- worked in the past, on the ban on par- then we brought it back through the life member of the Iowa House of Rep- tial-birth abortion, which came to us courts again and it was tried in three resentatives, and it was a very difficult about the end of the 1990s, as I recall, circuits simultaneously, and in every decision for him, but with Skyler on the initial case, the ban on partial- circuit we lost. But then the cases were Wheeler, we got to 51. We have a bill birth abortion, that gruesome and packaged together and they went be- that then was sent on its way to the ghastly procedure that is so, so awful, fore the United States Supreme Court, Governor’s desk. to describe it here on the floor of Con- and then we won on the side of life.

VerDate Sep 11 2014 02:36 May 09, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.080 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3830 CONGRESSIONAL RECORD — HOUSE May 8, 2018 The Court reversed itself, but we lost ness instead of riding in the wagon. I thank Governor Reynolds for sign- at every lower court level. We only had That is what saves this society. ing the bill and putting it into law. a chance to succeed at the Supreme But, in any case, here we are, Madam She had put out a statement a week Court. And that is going to be the case Speaker, with a bill that passed out of or a little more earlier that said that with this legislation, as well, because the Iowa House that night, on about she is proud to be part of the most pro- it directly challenges Roe v. Wade, Doe Wednesday night of last week, at 11:30 life administration in Iowa history. v. Bolton, and Planned Parenthood v. at night—might have been Tuesday Well, she can now, with confidence and, Casey. night, 11:30 at night. May 2 was, let’s hopefully, at least, an inner pride let So it has to get to the Supreme see. About 11:30 that night. us know that she has signed the bill, Court. We are going to lose until we And the dedication of our Iowa sen- and it makes Governor Kim Reynolds get there. When we get there, espe- ators was such that they said: Well, the most pro-life Governor in the his- cially if we arrive in the Supreme let’s just take this up right away. Why tory of the State of Iowa. don’t you carry that across the rotunda Court with a new appointment to the This accomplishment came about be- and we will take it up on the floor of Supreme Court, we are looking at, cause of the work done by people I have the Iowa Senate. more likely now, under today’s cir- mentioned here and many, many more cumstances, the potential of a 5–4 And they did. And after a fairly short debate, they passed it in the Iowa Sen- who worked on this, who prayed for Court, a Court that would be coming this, who relentlessly pushed in the down on the side of the Constitution ate. Again, there were so many missing, right direction to bring about a bill and the strict constructionism that but 29 to—let’s see. I remember the that could go to the Governor’s desk. protects life. lower number of it. But it passed easily Governor Reynolds had such a mag- We are obligated to protect life under nificent bill signing ceremony that the 14th Amendment. So if Congress out of the Iowa Senate, and it was mes- saged to the Governor that night, sent such a strong message to the rest can define life, we define it as, if a which would have been, I believe, May of the country; and that message to the heartbeat is detected, that is life, the 2. rest of the country would be this, baby is protected. So by the time we got around to Fri- Madam Speaker: that Iowa, this purple And the cost of defending this case day, I found myself in South Carolina, State, this State that voted for Barack isn’t going to fall on the backs of Iowa at the invitation of the Governor of Obama twice—we also went for Donald taxpayers, Madam Speaker. Instead, we South Carolina, to talk about sanc- Trump, I might add. But Iowa actually have two organizations that have vol- tuary cities, and we ended up doing a launched Barack Obama’s campaign for unteered to step up, pro bono, to defend press conference also on Heartbeat, in- the Presidency. He slipped in there this case before the courts, and those teresting conversation. from Illinois and got a big bounce in two organizations are—this is the mes- I think we enjoyed a friendship, and the first-in-the-Nation caucus, and off sage from Matt Staver of Liberty I expect that South Carolina actually he went to the Presidency and to his Counsel—Liberty University, many had a Heartbeat bill in front of them reelect as well, with strong support out will know it as—and that has produced that was—it would have been very hard of Iowa. But he won Iowa each time. a pretty good chief of staff in my oper- for it to survive reaching the sine die So prior to President Trump winning ation, Sarah Stevens. part of their session because they were in the 2016 election, the time before Matt Staver has agreed to defend about done. that that went Republican was George this, pro bono. That is Latin for ‘‘on The same with the sanctuary city Bush’s 2004 reelect. We worked that the house.’’ And also Martin Cannon of bill. We tried to do what we could with hard, and he won Iowa by only 10,000 St. Thomas More Society will have that, but anything that didn’t pass votes. agreed that they will also defend it pro down there I think comes up again The other time, the next time prior bono. So we will see how this comes to- next year, and they have got an extra gether, but it doesn’t put the taxpayers that Iowa had gone for a Republican boost to get that done. President was Ronald Reagan’s reelect of Iowa at risk. I really appreciate the leadership in 1984. So that is how rare those Iowa So it makes it not only the right de- provided by Governor Henry McMaster victories are. cision for life, the right decision for on the sanctuary cities and on Heart- We are a purple State, but Iowa Re- law, the right decision for our Con- beat, and we will make sure that we publicans have put up excellent leader- stitution and, in particular, our 14th are supportive down there, as we have ship, and excellent leadership has Amendment, it makes it the right deci- been in Iowa. sion for the taxpayers. Also, Governor Ricketts of Nebraska emerged from a coalesced Republican When we look at the society we live has said: Send me a Heartbeat bill; I’ll Party that has been very strong and in today, the last time we had unem- sign it. has hammered out the planks in the ployment numbers down as low as we I know that there are people in the platform over and over again. They are seeing now, I remember them Nebraska Unicameral that are pre- ring with utter clarity to me when I bringing a bill into the State legisla- paring to bring Heartbeat in next year read that platform these days, Madam ture that would require all of the in Nebraska, and I know that it is also Speaker. health insurance policies in Iowa to part of the Governor’s debate in the So I put out this challenge to the cover contraceptives. One of the argu- race in Florida. So there are other States and the rest of the country: If ments they made was we can’t be hav- States that are looking as well. purple State Iowa can pass Heartbeat ing women missing work because they This could be something that spreads and have the strongest pro-life legisla- are pregnant, having babies. We need out across the countryside in State tion in the United States of America— the labor force too much. after State after State, Madam Speak- of the 50 States, Iowa has the strongest Well, that didn’t fit to my analysis at er, but it would not have had this kind pro-life legislation passed into law, the time, which is why I remember it. of momentum had it not been for Gov- signed by Governor Reynolds—then the Instead, we need babies that will go to ernor Reynolds, who had a bill signing challenge that is laid out there for the work in 18 or 20 years, and we need to ceremony on Friday afternoon at 3 in rest of the States is see what you can sustain ourselves and our society. her formal office in the capitol and do. Take a look at Iowa’s legislation. I tell young people constantly, good filled the office up with lots of young Move the cleanest you can. No excep- people need to have a lot of babies and kids and good, steady, stalwart legisla- tions is best because that baby’s life raise them right. That fixes everything tors who deserve a lot of credit and to begins at the moment of fertilization, that can be fixed. If good people raise take a bow for this. and we need to protect innocent life their babies right and have a lot of ba- I looked at the pictures of that bill from that point on. bies, there will be enough people here signing ceremony, and it occurred to But we can define the beginning of to do the work we need to do; and we me that they probably saved as many life medically by requiring an will create the jobs for others, and we lives just during the debate for Heart- ultrasound, and that ultrasound, if it will see people picking up and carrying beat as were represented by the chil- picks up a heartbeat, if a heartbeat is their share of the load, pulling the har- dren in Governor Reynolds’ office. detected, the baby is protected. That

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.082 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3831 phrase rings in the conscience of Amer- can survive outside the womb, a 23- comes from the Supreme Court? And icans nationwide. That is why 86 per- week baby can survive outside the does it live forever that way? cent of Republicans support Heartbeat, womb, a 221⁄2-week baby can survive Does the Obergefell decision, that H.R. 490. That is why 61 percent of outside the womb. legal, rational thought out of nowhere, they impose same-sex marriage on Independents, and that is why 55 per- b 1815 cent of Democrats do. every union in America? How is it that And, by the way, that 55 percent of So under the supposition that we a decision made by either the Iowa Su- Democrats is why no Republican will work our way back to actually a 21- preme Court or the U.S. Supreme Court lose their seat for voting for Heartbeat, week baby can survive outside the has taken away the rights of my sons 1 because Democrats won’t dare attack womb—and I saw data that said a 20 ⁄2- to be married as husbands and wives? you for that. If they do so, they are week also. So the 20-week is marked Why does the Supreme Court get to going against their own base, their own down there to try to stretch the defini- visit with that edict? people, who are 55 percent pro-life, tion of viability just about as far as Because we respect them, we accept even though I can only count about they could bring themselves to do so, those decisions, we don’t question but they fear challenging the Supreme three over here among the Democrats them, because the culture is what the Court. who will be cosponsors of this legisla- culture is. They are accepting of the Supreme Well, the culture has got to change, tion and, I think, that can define them- Court decisions, those decisions from 45 and we have got to change our way of selves as pro-life. years ago, 60 million abortions ago, and looking at this issue of abortion. We So I thank all of these individuals they are stuck in the idea that we cannot sit around and twiddle our who have worked so hard to put this can’t challenge the Supreme Court. thumbs or wait until the Supreme whole strategy together, and I spent Well, how could you not challenge Court is configured differently. some time speaking to the issue, the Supreme Court of the United But we can do this: we can anticipate Madam Speaker, because I want the States? This is the United States Con- it will be configured differently. We people to understand that things don’t gress. Some teach it has three coequal can call upon the Supreme Court to re- come easy and good ideas don’t just branches of government. I said earlier verse their previous decisions. This float to the top and sail off to be it is not three. There is a superior idea of stare decisis, the concept that passed. It takes real work and real or- branch of government. There is a once decided, a subsequent court has to ganization to get things accomplished, branch of government that is the weak- accept the decision made by their pred- and determination and conviction and est of the three, defined by our Found- ecessors, this Congress can’t do that. people who believe. ing Fathers, to be the judicial branch Well, we can. We don’t. We say: No I look back at Dr. John Willke, who of government. Congress can bind a subsequent Con- was the founder, the original founder of And we have a decision that is called gress. No Congress can say: You shall National Right to Life, and that is the Marbury v. Madison that came in in appropriate X dollars going into the fu- oldest and the largest pro-life organiza- the first years of the 19th century, ture and have that be irreversible. tion in the country. He said this: where the Supreme Court asserted All decisions made by our prede- ‘‘When I founded the pro-life move- their authority to define the Constitu- cessors in previous Congresses and ment, it wasn’t to regulate how abor- tion and tell us all what it means, and signed by any previous President can tions would be done. It was to bring the we have acquiesced to that, decision be reversed by the United States Con- abortion killing to an end. We have after decision, for over 200 years. gress if it is our will to do that. We waited too long, and that wait has cost And how can it be that a Supreme don’t accept as sacrosanct a decision us too much.’’ That is Dr. John C. Court of lifetime appointees that con- made by a previous Congress, and nei- Willke, cofounder and former president ceivably could all be stacked under the ther should we accept a decision as sac- of National Right to Life. terms of one President and live for dec- rosanct made by a previous Supreme Now, in their mission statement, I ades after that and stay on the Court Court. They should all be open to ques- am not sure if I have it here in my after that that could invoke all kinds tion. Yes, we should respect their judg- text, Madam Speaker, but I will get it of havoc on God-given liberties, and we ment, their jurisprudence, but we can’t as close as I need to from memory if I would have no way to appeal a decision allow ourselves to be bound by those don’t have it. of the Supreme Court? We just have to National Right to Life’s mission decisions, even if we have to go all the accept those decisions as if they are way back to challenge Marbury at statement says that they are dedicated the final authority? They are God to to protecting human life from the be- some point. us? But we won’t have to do that, Madam ginning of life till natural death. The I say we respect them. I think we re- beginning of life raised a question with Speaker, because I believe the next ap- spect their jurisprudence. I think we pointment to the Supreme Court brings me, so I went through their website to carefully observe what they do. And I find out how they define the beginning a strict constructionist, an originalist, think that most of the decisions they to the Court, as promised by President of life. make are soundly founded, but some of They define it on their website, Na- Trump. them are completely wrong. He followed through with Neil tional Right to Life, as from the mo- And they have reversed themselves in Gorsuch. I believe he will follow ment of fertilization. Life begins at the their own history, which is utter proof through with a second appointment to moment of fertilization, according to that they are completely wrong. the Court, if given that opportunity. National Right to Life, and ends at I would point out that the clearest We need to move Heartbeat legisla- natural death. one is the Kelo decision. They haven’t tion over to the desk of MITCH MCCON- I agree with that. I think their mis- reversed it yet, but Justice Scalia said NELL so we can begin to apply how we sion statement is correct. I think we he expected it would be reversed at are going to get it off his desk and get need to defend life from the moment of some time. it to the floor of the Senate and passed fertilization until natural death, and I But this was the confiscation of prop- and over to President Trump’s desk, think National Right to Life should do erty. The Fifth Amendment of the Con- where he will sign the Heartbeat legis- the same thing. stitution guarantees property rights. It lation and where the very pro-life Vice But they believe that we should not says: ‘‘Nor shall private property be President MIKE PENCE will be standing challenge the Supreme Court. They be- taken for public use without just com- next to him when that day happens. lieve that we have to accept Roe v. pensation.’’ All of this needs to unfold here, Wade, Doe v. Bolton, and Planned Par- The Supreme Court of the United Madam Speaker, and the obstruction enthood v. Casey, and we have to ac- States, in the Kelo decision, in about really comes from the number one pro- cept the idea of viability that was 2005, struck those words ‘‘for public life organization, the largest and the framed within the Casey decision. That use’’ from the Fifth Amendment of the oldest: National Right to Life. is why they have supported the 20-week Constitution. So I will put up only one poster here, bill, to get up there close to the edge of Now, how can we tolerate a decision Madam Speaker, and this is it. Na- viability, this idea that a 24-week baby like that and accept it because it tional Right to Life says, and this is off

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.083 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE H3832 CONGRESSIONAL RECORD — HOUSE May 8, 2018 of their site, they do not oppose the case that the Supreme Court, if they approved retirement of Vice Admiral Jan E. Heartbeat bill. don’t change, cannot be allowed to be Tighe, United States Navy, and her advance- By my utilization of the English lan- the final word on the lives of another ment to the grade of vice admiral on the re- guage, I don’t know the difference be- tired list, pursuant to 10 U.S.C. 1370(c)(1); 60 million babies. Public Law 96-513, Sec. 112 (as amended by tween ‘‘do not oppose’’ and ‘‘do not So, Madam Speaker, congratulations Public Law 104-106, Sec. 502(b)); (110 Stat. support.’’ to the State of Iowa, the Iowa General 293); to the Committee on Armed Services. But what we need is support, not this Assembly, the Iowa Senate, the Iowa 4745. A letter from the Under Secretary, intransigence that is going on, espe- House of Representatives, the Iowa Acquisition and Sustainment, Department of cially when the leadership in this Governor, the leadership in the House Defense, transmitting the Department’s 2018 House has essentially given the Na- and in the Senate, all of those who Annual Report to Congress on Chemical and tional Right to Life and two other or- Biological Warfare Defense, pursuant to 50 teamed up and joined hands and U.S.C. 1523(a); Public Law 103-160, Sec. 1703; ganizations that, by the way, support worked relentlessly and persistently to (107 Stat. 1854); to the Committee on Armed the Heartbeat bill, a de facto veto that bring this Heartbeat bill through, and Services. no pro-life legislation comes to the the signature of Governor Reynolds. 4746. A letter from the Senior Counsel, floor of the House of Representatives God bless them all for the job that they Legal Division, Bureau of Consumer Finan- unless it is supported by the top three did. May we match their effort and cial Protection, transmitting the Bureau’s organizations in the country. their success here in the United States final rule — Federal Mortgage Disclosure Re- Supported by. Does not support. quirements Under the Truth in Lending Act Congress. (Regulation Z) [Docket No.: CFPB-2017-0018] Why? Heartbeat matches their mission Madam Speaker, I yield back the bal- (RIN: 3170-AA71) received May 2, 2018, pursu- statement more closely than anything ance of my time. ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- that they have supported before. And it f 121, Sec. 251; (110 Stat. 868); to the Committee is drafted with the anticipation that on Financial Services. we would get it before the next ap- PROPOSED RESCISSIONS OF BUDG- 4747. A letter from the Associate Bureau pointment to the Supreme Court, not ET AUTHORITY—MESSAGE FROM Chief, Wireline Competition Bureau, Federal this one. And they fear that somehow THE PRESIDENT OF THE UNITED Communications Commission, transmitting STATES (H. DOC. NO. 115–117) the Commission’s final rule — Connect we are going to lose some ground if we America Fund [WC Docket No.: 10-90] re- go to the Court before the Court is The SPEAKER pro tempore (Ms. CHE- ceived April 30, 2018, pursuant to 5 U.S.C. ready. And I say I fear for every year NEY) laid before the House the fol- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 we fail to get the Heartbeat bill to the lowing message from the President of Stat. 868); to the Committee on Energy and Supreme Court, we have on our con- the United States; which was read and, Commerce. science a million abortions in America together with the accompanying pa- 4748. A letter from the Assistant Legal Ad- taking place; a million little babies not pers, referred to the Committee on Ap- viser, Office of Treaty Affairs, Department of State, transmitting reports concerning born; a million little pairs of shoes propriations and ordered to be printed: international agreements other than treaties that aren’t going to be sitting there by To the Congress of the United States: entered into by the United States to be that little bed, by that little crib; a In accordance with section 1012 of the transmitted to the Congress within the million little children, as innocent as Congressional Budget and Impound- sixty-day period specified in the Case-Za- could be, who will never have the blocki Act, pursuant to 1 U.S.C. 112b(a); Pub- ment Control Act of 1974 (2 U.S.C. 683), lic Law 92-403, Sec. 1(a) (as amended by Pub- chance to live, to love, to learn, to I herewith report 38 rescissions of laugh, to play, to fall in love, have lic Law 108-458, Sec. 7121(b)); (118 Stat. 3807); budget authority, totaling $15.4 billion. to the Committee on Foreign Affairs. children of their own, and raise their The proposed rescissions affect pro- 4749. A letter from the Director, Defense children with our American values in grams of the Departments of Agri- Security Cooperation Agency, Department of their hearts, our faith taught to them, culture, Commerce, Energy, Health and Defense, transmitting Transmittal No. 18-13, their souls saved and demonstrated Human Services, Housing and Urban pursuant to the reporting requirements of Section 36(b)(1) of the Arms Export Control here as they lift our country up and the Development, Justice, Labor, State, world up with the beliefs and the con- Act, as amended; to the Committee on For- Transportation, and the Treasury, as eign Affairs. victions that were passed to us from well as of the Corporation for National 4750. A letter from the Chief, Administra- God through our Founding Fathers. and Community Service, Environ- tive Law Division, Central Intelligence And we equivocate on something like mental Protection Agency, Railroad Agency, transmitting a notification of a fed- this? And National Right to Life stands Retirement Board, the Millennium eral vacancy, designation of acting officer, there, essentially in the way? Whether and nomination, pursuant to 5 U.S.C. 3349(a); Challenge Corporation, and the United Public Law 105-277, 151(b); (112 Stat. 2681-614); they do not oppose or whether they do States Agency for International Devel- not support, until that changes, this to the Committee on Oversight and Govern- opment. ment Reform. bill does not come to the floor, unless The details of these rescissions are 4751. A letter from the Executive Director, the Speaker changes his mind, the ma- set forth in the enclosed letter from Consumer Product Safety Commission, jority leader changes his mind, and the the Director of the Office of Manage- transmitting the Commission’s Strategic majority whip changes his mind. ment and Budget. Plan for Fiscal Years 2018 through 2022, pur- So I call upon National Right to Life suant to 5 U.S.C. 306(a); Public Law 103-62, DONALD J. TRUMP. Sec. 3(a) (as amended by Public Law 111-352, to take a look at Iowa. It may be news THE WHITE HOUSE, May 8, 2018. to them, Madam Speaker, that Heart- Sec. 2); (124 Stat. 3866); to the Committee on f Oversight and Government Reform. beat passed Iowa. It will be litigated. It 4752. A letter from the Senior Vice Presi- will be on its way towards the Supreme ADJOURNMENT dent, Controller and Chief Accounting Offi- Court, and maybe to the Supreme Mr. KING of Iowa. Madam Speaker, I cer, Federal Home Loan Bank of Boston, Court, but there is no acknowledge- move that the House do now adjourn. transmitting the 2017 management report ment that this has happened on the The motion was agreed to; accord- and statement of internal controls of the part of National Right to Life. It is as ingly (at 6 o’clock and 26 minutes Federal Home Loan Bank of Boston, pursu- if it didn’t happen for them, because ant to 31 U.S.C. 9106(a)(1); Public Law 97-258 p.m.), under its previous order, the (as amended by Public Law 101-576, Sec. they can’t bring themselves to break House adjourned until tomorrow, 306(a)) (104 Stat. 2854); to the Committee on out of the mold that they have been Wednesday, May 9, 2018, at 10 a.m. for Oversight and Government Reform. stuck in for years. This is a 45-year morning-hour debate. 4753. A letter from the Attorney, CG-LRA, hidebound mold, and if it doesn’t f U.S. Coast Guard, Department of Homeland change, it is 1 million abortions a year, Security, transmitting the Department’s every year, until it does change. EXECUTIVE COMMUNICATIONS, final rule — Drawbridge Operation Regula- This strategy, over the last 45 years, ETC. tion; Atlantic Intracoastal Waterway and has cost the lives of 60 million babies. Under clause 2 of rule XIV, executive Biscayne Bay, Miami, FL [Docket No.: USCG-2017-0068] (RIN: 1625-AA09) received Now, I am not asserting that it could communications were taken from the May 2, 2018, pursuant to 5 U.S.C. 801(a)(1)(A); have been solved and reversed in the Speaker’s table and referred as follows: Public Law 104-121, Sec. 251; (110 Stat. 868); to first year or 2, or 5, or even 10. But 4744. A letter from the Secretary, Depart- the Committee on Transportation and Infra- along the way, we have to make the ment of Defense, transmitting a letter on the structure.

VerDate Sep 11 2014 01:33 May 09, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K08MY7.085 H08MYPT1 lotter on DSKBCFDHB2PROD with HOUSE May 8, 2018 CONGRESSIONAL RECORD — HOUSE H3833 REPORTS OF COMMITTEES ON vide additional funding under the Commu- and for other purposes; to the Committee on PUBLIC BILLS AND RESOLUTIONS nity Development Block Grant program for Energy and Commerce. units of general local government to digitize By Ms. SHEA-PORTER (for herself and Under clause 2 of rule XIII, reports of and make available online information re- Mr. KELLY of Mississippi): committees were delivered to the Clerk garding violations of housing construction, H.R. 5713. A bill to amend title 10, United for printing and reference to the proper building, and safety codes, and for other pur- States Code, to clarify the effective date of calendar, as follows: poses; to the Committee on Financial Serv- the promotion of commissioned officers of ices. the Army National Guard and Air National Mr. NEWHOUSE: Committee on Rules. Guard, to improve processes for Federal rec- House Resolution 879. Resolution providing By Mr. DONOVAN: H.R. 5705. A bill to require each post office ognition of the promotions of such officers, for consideration of the bill (H.R. 3053) to of the United States Postal Service to dis- and for other purposes; to the Committee on amend the Nuclear Waste Policy Act of 1982, play the official portrait of the President Armed Services. and for other purposes. (Rept. 115–665). Re- and the Vice President; to the Committee on By Ms. LEE (for herself, Mr. SABLAN, ferred to the House Calendar. Oversight and Government Reform. Mr. ESPAILLAT, Mr. SOTO, Mr. CAPU- f By Ms. HANABUSA (for herself, Mrs. ANO, Mr. KIHUEN, Mrs. BEATTY, Mr. ´ DINGELL, Ms. BORDALLO, and Ms. VARGAS, Mr. BEYER, Ms. BARRAGAN, PUBLIC BILLS AND RESOLUTIONS ´ GABBARD): Mr. KHANNA, Ms. VELAZQUEZ, Ms. Under clause 2 of rule XII, public H.R. 5706. A bill to establish the Pearl Har- DELAURO, Mr. SCOTT of Virginia, Mr. bills and resolutions of the following bor National Memorial in the State of Ha- CARSON of Indiana, Ms. JAYAPAL, Ms. titles were introduced and severally re- wai’i and the Honouliuli National Historic MAXINE WATERS of California, and ferred, as follows: Site in the State of Hawai’i, and for other Ms. NORTON): purposes; to the Committee on Natural Re- H. Con. Res. 120. Concurrent resolution By Ms. BORDALLO (for herself and Mr. sources. supporting a bold and sustained expansion of YOUNG of Alaska): By Mr. KNIGHT (for himself and Ms. Federal investments in affordable rental H.R. 5697. A bill to support wildlife con- TSONGAS): homes; to the Committee on Financial Serv- servation, improve anti-trafficking enforce- H.R. 5707. A bill to direct the Secretary of ices. ment, provide dedicated funding for wildlife Defense to carry out a pilot program to im- By Mr. O’HALLERAN (for himself, Ms. conservation at no expense to taxpayers, and prove the treatment of members of the WILSON of Florida, Mr. POCAN, Mr. for other purposes; to the Committee on Nat- Armed Forces for post-traumatic stress dis- RYAN of Ohio, Mr. CARSON of Indiana, ural Resources, and in addition to the Com- order relating to military sexual trauma; to Mr. TAKANO, Mr. MCNERNEY, Mr. mittee on the Judiciary, for a period to be the Committee on Armed Services. VARGAS, Mr. DANNY K. DAVIS of Illi- subsequently determined by the Speaker, in By Mr. LAHOOD: nois, Mrs. BUSTOS, Ms. BONAMICI, Mr. each case for consideration of such provi- H.R. 5708. A bill to convey a parcel of land PALLONE, Mr. SEAN PATRICK MALO- sions as fall within the jurisdiction of the in Quincy, Illinois, to the American Legion NEY of New York, Mr. ENGEL, Mr. committee concerned. Post #37, and for other purposes; to the Com- CARBAJAL, Ms. WASSERMAN SCHULTZ, By Mr. RUTHERFORD (for himself and mittee on Oversight and Government Re- Ms. MOORE, Mr. HASTINGS, Ms. PIN- Mrs. DEMINGS): form. GREE, Mr. SCOTT of Virginia, Mr. GRI- H.R. 5698. A bill to amend title 18, United By Mr. LANCE (for himself, Mr. TONKO, JALVA, Mr. JOHNSON of Georgia, Ms. States Code, to punish criminal offenses tar- Mr. COLLINS of New York, Mr. GENE BARRAGA´ N, Mr. GARAMENDI, Mr. geting law enforcement officers, and for GREEN of Texas, Mr. BILIRAKIS, Mr. BUTTERFIELD, Mr. PRICE of North other purposes; to the Committee on the Ju- MOULTON, Mr. FLORES, Mrs. DINGELL, Carolina, Mr. NORCROSS, Mr. COURT- diciary. Mr. KING of New York, Mrs. CAROLYN NEY, Ms. TITUS, Mrs. NAPOLITANO, Ms. By Mr. CURBELO of Florida (for him- B. MALONEY of New York, Ms. DELAURO, Ms. HANABUSA, Ms. SPEIER, self and Ms. KUSTER of New Hamp- VELA´ ZQUEZ, Mr. FASO, Miss RICE of Mr. GONZALEZ of Texas, Ms. SINEMA, shire): New York, and Mr. SEAN PATRICK Mr. PETERSON, Mr. DEFAZIO, Mrs. H.R. 5699. A bill to direct the Secretary of MALONEY of New York): DAVIS of California, Mrs. WATSON Health and Human Services to develop guid- H.R. 5709. A bill to amend the Communica- COLEMAN, Ms. BORDALLO, Ms. NOR- ance on pain management and the preven- tions Act of 1934 to provide for enhanced pen- TON, Mr. BROWN of Maryland, Mr. tion of opioid use disorder for hospitals re- alties for pirate radio, and for other pur- CLEAVER, Mr. HIMES, Mrs. LAWRENCE, ceiving payment under part A of the Medi- poses; to the Committee on Energy and Com- Mr. PERLMUTTER, Mr. ESPAILLAT, Mr. care program; to the Committee on Ways merce. TONKO, Mr. COSTA, Mr. AL GREEN of and Means. By Mr. RICHMOND (for himself, Mr. Texas, Mr. KRISHNAMOORTHI, Mr. By Mrs. BROOKS of Indiana (for her- DANNY K. DAVIS of Illinois, Mr. EVANS, Mr. BRENDAN F. BOYLE of self and Ms. ESHOO): CA´ RDENAS, Mr. ELLISON, Ms. KAPTUR, Pennsylvania, Mr. LARSON of Con- H.R. 5700. A bill to amend the Communica- Ms. KELLY of Illinois, Mr. HASTINGS, necticut, Ms. FUDGE, Ms. JACKSON tions Act of 1934 to direct the Federal Com- Ms. MOORE, Ms. WILSON of Florida, LEE, Mr. VISCLOSKY, Ms. ADAMS, Mr. munications Commission to designate a na- Ms. NORTON, Mr. JOHNSON of Georgia, GALLEGO, Mr. SABLAN, Ms. KUSTER of tional dialing short code for users of mobile Ms. FUDGE, Mr. POCAN, Mr. MEEKS, New Hampshire, Mr. GENE GREEN of voice service to reach public safety per- Ms. DELBENE, Ms. LOFGREN, Mr. Texas, Mr. TED LIEU of California, sonnel in critical, but non-emergency, cir- SMITH of Washington, Mr. CAPUANO, Ms. ROSEN, Mr. ELLISON, Mr. CORREA, cumstances; to the Committee on Energy Mr. BLUMENAUER, Mr. COHEN, Mrs. Ms. MICHELLE LUJAN GRISHAM of New and Commerce. BEATTY, Mr. TAKANO, Mr. MCGOVERN, Mexico, Miss RICE of New York, Mr. By Mr. GRAVES of Missouri (for him- Ms. MCCOLLUM, Mr. WELCH, Ms. PETERS, Mr. KILDEE, Ms. SCHA- self, Mr. LIPINSKI, Mr. MULLIN, and ESHOO, Mr. BUTTERFIELD, Mr. NAD- KOWSKY, Mr. VELA, Mr. SERRANO, Mr. Mrs. LAWRENCE): LER, Mr. SCHIFF, Ms. SCHAKOWSKY, DESAULNIER, Mr. RASKIN, Ms. LOF- H.R. 5701. A bill to establish an aviation Mr. CUMMINGS, Mr. RASKIN, Ms. GREN, Ms. SHEA-PORTER, Mr. MCGOV- maintenance workforce development pilot JAYAPAL, and Mr. PALLONE): ERN, Mrs. CAROLYN B. MALONEY of program; to the Committee on Transpor- H.R. 5710. A bill to develop and implement New York, Mrs. DINGELL, Mr. PA- tation and Infrastructure. national standards for the use of solitary NETTA, Mr. CICILLINE, Ms. LEE, Mr. By Mrs. BUSTOS (for herself, Mr. BEN confinement in correctional facilities, and FOSTER, Mr. SIRES, Mr. MCEACHIN, RAY LUJA´ N of New Mexico, and Ms. for other purposes; to the Committee on the Ms. BLUNT ROCHESTER, Mr. KENNEDY, DEGETTE): Judiciary. Mr. PAYNE, Mr. NADLER, Ms. KAPTUR, H.R. 5702. A bill to require the Secretary of By Ms. SA´ NCHEZ (for herself and Mr. Mr. LANGEVIN, Ms. CLARK of Massa- Health and Human Services to develop a GRIFFITH): chusetts, Mr. BEYER, Ms. VELA´ ZQUEZ, strategy implementing recommendations re- H.R. 5711. A bill to amend title III of the Mr. SCHRADER, Mr. BEN RAY LUJA´ N of lating to the Protecting Our Infants Act of Public Health Service Act to allow National New Mexico, Ms. JUDY CHU of Cali- 2015, and for other purposes; to the Com- Health Service Corps members to provide ob- fornia, Ms. ESHOO, Mr. SOTO, Mr. mittee on Energy and Commerce. ligated service as behavioral and mental MOULTON, Mr. LAWSON of Florida, Ms. By Mr. COOPER (for himself and Mr. health professionals at schools, other com- CASTOR of Florida, Mr. LOWENTHAL, DUNCAN of Tennessee): munity-based setting, or patient homes, and Mr. CONNOLLY, Ms. MCCOLLUM, Mr. H.R. 5703. A bill to provide for the convey- for other purposes; to the Committee on En- CRIST, Ms. JAYAPAL, Ms. BASS, and ance by the Secretary of the Army of certain ergy and Commerce. Ms. BROWNLEY of California): property located in Cheatham County, Ten- By Mr. SCHRADER (for himself and H. Res. 876. A resolution supporting the nessee; to the Committee on Transportation Mr. WELCH): goal of increasing public school teacher pay and Infrastructure. H.R. 5712. A bill to amend title XIX of the and public education funding; to the Com- By Ms. DELAURO: Social Security Act to compel manufactur- mittee on Education and the Workforce. H.R. 5704. A bill to amend the Housing and ers to correct inaccurate classification data By Mr. GOMEZ (for himself, Mr. CUM- Community Development Act of 1974 to pro- reported to the Medicaid rebate program, MINGS, Mrs. CAROLYN B. MALONEY of

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New York, Ms. KELLY of Illinois, Mrs. education; to the Committee on Education Article I, Section 8. WATSON COLEMAN, Ms. NORTON, Mr. and the Workforce. By Mr. KNIGHT: CLAY, Ms. WASSERMAN SCHULTZ, Mr. f H.R. 5707. ESPAILLAT, Mr. JOHNSON of Georgia, Congress has the power to enact this legis- Ms. JAYAPAL, Mr. SOTO, Mr. PALLONE, CONSTITUTIONAL AUTHORITY lation pursuant to the following: Ms. BARRAGA´ N, Mr. VARGAS, Mr. STATEMENT Article I, Section 8 of the Constitution of LEWIS of Georgia, Mr. CORREA, Mr. Pursuant to clause 7 of rule XII of the United States. TAKANO, Mr. RASKIN, Mr. DANNY K. By Mr. LAHOOD: the Rules of the House of Representa- DAVIS of Illinois, Mr. DESAULNIER, H.R. 5708. Ms. VELA´ ZQUEZ, Mr. COOPER, Mr. tives, the following statements are sub- Congress has the power to enact this legis- COHEN, Ms. HANABUSA, Ms. SCHA- mitted regarding the specific powers lation pursuant to the following: KOWSKY, Mr. KILDEE, Mr. GARAMENDI, granted to Congress in the Constitu- U.S. Constitution Article IV; Section 3, Mr. THOMPSON of California, Ms. tion to enact the accmnpanying bill or Clause 2: The Congress shall have Power to MATSUI, Mr. NOLAN, Ms. GABBARD, joint resolution. dispose of and make all needful Rules and Mrs. NAPOLITANO, Mrs. TORRES, Ms. Regulations respecting the Territory or By Ms. BORDALLO: JUDY CHU of California, Ms. TITUS, other Property belonging to the United H.R. 5697. Mr. CASTRO of Texas, Mr. LYNCH, Ms. Congress has the power to enact this legis- States; and nothing in this Constitution MICHELLE LUJAN GRISHAM of New lation pursuant to the following: shall be so construed as to Prejudice any Mexico, Ms. MENG, Mr. TED LIEU of Article I, Section 8, Clause 3 and Article Claims of the United States, or of any par- ´ California, Mr. GUTIERREZ, Mr. VELA, IV, Section 3, Clause 2 ofthe U.S. Constitu- ticular State. Mr. SIRES, Mr. WELCH, Mr. SERRANO, By Mr. LANCE: ´ tion. Mr. CARDENAS, Mr. SMITH of Wash- By Mr. RUTHERFORD: H.R. 5709. ington, Mr. CARBAJAL, Mr. H.R. 5698. Congress has the power to enact this legis- KRISHNAMOORTHI, Ms. ROYBAL- Congress has the power to enact this legis- lation pursuant to the following: ALLARD, Mrs. LAWRENCE, Ms. BASS, lation pursuant to the following: Article I, Sec 8, Clause 3: Congress shall Mr. CICILLINE, Mr. YARMUTH, Mr. Article 1, Section 8 of the United States have the power to regulate Commerce with CONNOLLY, Mr. GRIJALVA, Mr. AL Constitution. foreign Nations, and among the several GREEN of Texas, Mr. PRICE of North By Mr. CURBELO of Florida: States, and with the Indian Tribes Carolina, Mr. BROWN of Maryland, H.R. 5699. By Mr. RICHMOND: Mr. GALLEGO, Mr. RICHMOND, Mr. Congress has the power to enact this legis- H.R. 5710. GONZALEZ of Texas, Ms. LEE, Mr. lation pursuant to the following: Congress has the power to enact this legis- KIHUEN, Mr. SARBANES, Mr. CART- Article 1, Section 8, Clause 3 lation pursuant to the following: WRIGHT, Ms. CLARKE of New York, Mr. By Mrs. BROOKS of Indiana: This bill is introduced pursuant to the PAYNE, Mr. ELLISON, and Ms. H.R. 5700. powers granted to Congress under the Gen- ´ SANCHEZ): Congress has the power to enact this legis- eral Welfare Clause (Art. 1 Sec. 8 Cl. 1), the H. Res. 877. A resolution of inquiry direct- lation pursuant to the following: Commerce Clause (Art. 1 Sec. 8 Cl. 3), and ing the Secretary of Commerce to provide Article 1, Section 8 the Necessary and Proper Clause (Art. 1 Sec. certain documents in the Secretary’s posses- By Mr. GRAVES ofMissouri: 8 Cl. 18). sion to the House of Representatives relating H.R. 5701. Further, this statement of constitutional to the decision to include a question on citi- Congress has the power to enact this legis- authority is made for the sole purpose of zenship in the 2020 decennial census of popu- lation pursuant to the following: compliance with clause 7 of Rule XII of the lation; to the Committee on Oversight and Article I, Section 3. Rules of the House of Representatives and Government Reform. ‘‘The Congress shall have power to regu- shall have no bearing on judicial review of By Mr. CROWLEY: late Commerce . . .’’ the accompanying bill. H. Res. 878. A resolution raising a question ´ Aviation maintenance is a vital component By Ms. SANCHEZ: of the privileges of the House. of our nation’s aviation system. Without a H.R. 5711. By Mr. GRAVES of Missouri (for him- healthy workforce of aviation technicians Congress has the power to enact this legis- self, Ms. DELBENE, Mr. DELANEY, Mr. and mechanics, the interstate commerce lation pursuant to the following: THOMPSON of California, Mr. MCGOV- conducted through our national airspace Article I, section 8, clause 18: ERN, Mr. BOST, Mr. GUTHRIE, Mr. would be endangered. This legislation aims Congress shall have Power—To make all EMMER, Mr. PERLMUTTER, Mr. to promote greater study and promotion of Laws which shall be necessary and proper for LOEBSACK, Mr. PALLONE, and Mr. this field as a career option for men and carrying into Execution the foregoing Pow- LUETKEMEYER): women weighing various career options. ers, and all other Powers vested by this Con- H. Res. 880. A resolution recognizing the stitution in the Government of the United roles and contributions of America’s teach- By Mrs. BUSTOS: H.R. 5702. States, or in any Department of Officer ers to building and enhancing the Nation’s thereof. civic, cultural, and economic well-being; to Congress has the power to enact this legis- By Mr. SCHRADER: the Committee on Education and the Work- lation pursuant to the following: H.R. 5712. force. This bill is enacted pursuant to the power Congress has the power to enact this legis- By Mr. LOUDERMILK (for himself, Mr. granted to Congress under Article I, Section lation pursuant to the following: VARGAS, Mr. CONAWAY, Mr. HARPER, 8, Clause 18 of the United States Constitu- This bill is enacted pursuant to the power Mr. JODY B. HICE of Georgia, Mr. tion. granted to Congress under Article I, Section ADERHOLT, Mr. BRADY of Texas, Mr. By Mr. COOPER: 8, Clause 3 of the United States Constitution. WEBER of Texas, Mr. MESSER, Mr. H.R. 5703. By Ms. SHEA-PORTER: NORMAN, Mr. HARRIS, Mr. FERGUSON, Congress has the power to enact this legis- H.R. 5713. Mr. THOMPSON of Pennsylvania, Mr. lation pursuant to the following: Congress has the power to enact this legis- KELLY of Pennsylvania, Mr. GOH- Article I, Section 8 of the United States lation pursuant to the following: MERT, Mr. WALKER, Mr. ESTES of Constitution Article 1, Section 8 Kansas, Mr. LAMBORN, Mr. BURGESS, By Ms. DELAURO: To make all Laws which shall be necessary Mr. PITTENGER, Mr. CURTIS, Mr. HUN- H.R. 5704. and proper for carrying into Execution the TER, Mr. OLSON, Mr. GROTHMAN, Mr. Congress has the power to enact this legis- foregoing Powers, and all other Powers vest- LATTA, and Mr. JOHNSON of Lou- lation pursuant to the following: ed by this Constitution in the Government of isiana): This bill is enacted pursuant to the power H. Res. 881. A resolution recognizing May 3, granted to Congress under Article I of the the United States, or in any Department or 2018, as the 30th anniversary of the National United States Constitution and its subse- Officer thereof. Day of Prayer established under the Act en- quent amendments, and further clarified and f titled ‘‘An Act to provide for setting aside interpreted by the Supreme Court of the the first Thursday in May as the date on United States. ADDITIONAL SPONSORS which the National Day of Prayer is cele- By Mr. DONOVAN: Under clause 7 of rule XII, sponsors H.R. 5705. brated’’, approved May 5, 1988, which was were added to public bills and resolu- signed by President Ronald Reagan on May Congress has the power to enact this legis- 5, 1988; to the Committee on Oversight and lation pursuant to the following: tions, as follows: Government Reform. ‘‘clause 7 of section 8 of article I of the H.R. 154: Ms. JACKSON LEE. By Mr. NORMAN: United States Constitution.’’ H.R. 168: Ms. NORTON. H. Res. 882. A resolution expressing the By Ms. HANABUSA: H.R. 237: Mr. PRICE of North Carolina and sense of the House of Representatives during H.R. 5706. Ms. KAPTUR. Teacher Appreciation Week regarding the Congress has the power to enact this legis- H.R. 754: Mr. TIPTON. importance of education, particularly civics lation pursuant to the following: H.R. 785: Mr. HOLDING.

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H.R. 820: Mr. FRANCIS ROONEY of Florida, H.R. 3528: Mr. HASTINGS. Ms. CLARKE of New York, Mr. KIND, and Mr. Mr. COLLINS of Georgia, and Mr. DESANTIS. H.R. 3593: Mr. BUCSHON. MEEKS. H.R. 846: Mr. JOHNSON of Georgia, Mr. H.R. 3605: Mr. LATTA. H.R. 5397: Mr. COLE. CORREA, and Mr. LATTA. H.R. 3617: Ms. WILSON of Florida and Ms. H.R. 5422: Mr. BARLETTA. H.R. 850: Mr. SESSIONS. CLARKE of New York. H.R. 5433: Mr. SHERMAN. H.R. 930: Mrs. DAVIS of California and Mr. H.R. 3635: Mr. TIPTON. H.R. 5547: Mr. YOUNG of Iowa. WOMACK. H.R. 3666: Mr. THOMPSON of Mississippi and H.R. 5551: Mr. DOGGETT. H.R. 936: Mr. LAMALFA. Mr. SENSENBRENNER. H.R. 5561: Ms. SEWELL of Alabama and Ms. H.R. 3692: Mr. SOTO, Mr. HIGGINS of New H.R. 959: Mr. CLEAVER. WILSON of Florida. York, and Mr. LARSON of Connecticut. H.R. 980: Mr. HASTINGS. H.R. 5593: Ms. ROYBAL-ALLARD and Ms. H.R. 3988: Mr. TIPTON. H.R. 1038: Mr. TIPTON. NORTON. H.R. 4006: Mr. TONKO. H.R. 1057: Mr. KILMER. H.R. 5599: Mr. LONG. H.R. 4039: Mr. SEAN PATRICK MALONEY of H.R. 1114: Mr. CAPUANO. H.R. 5603: Mr. JOHNSON of Ohio. H.R. 1130: Mr. BARR. New York and Mr. COLE. H.R. 5606: Ms. NORTON, Mr. TAKANO, Ms. H.R. 1156: Mr. LATTA. H.R. 4082: Mr. MCEACHIN and Mr. PAYNE. ESHOO, and Mr. MOULTON. H.R. 1204: Mrs. BEATTY. H.R. 4122: Ms. ROSEN. H.R. 5644: Mr. GONZALEZ of Texas and Mr. H.R. 1212: Mr. MASSIE, Mr. NORMAN, Mr. H.R. 4223: Mr. RUTHERFORD and Ms. MCCOL- RUTHERFORD. GARRETT, Mr. SOTO, Mr. BARR, Mr. LUM. H.R. 5647: Mr. FORTENBERRY. HULTGREN, Mr. GIANFORTE, Mr. SMITH of Mis- H.R. 4253: Ms. KELLY of Illinois. CALISE H.R. 5681: Mr. KINZINGER and Mr. SHERMAN. souri, and Mr. POCAN. H.R. 4284: Mr. S . H.R. 4311: Ms. SEWELL of Alabama, Ms. H.R. 5685: Mr. SCALISE. H.R. 1243: Mr. LARSEN of Washington. SPEIER, and Ms. GRANGER. H. Con. Res. 8: Ms. ESHOO and Ms. HERRERA H.R. 1261: Ms. HERRERA BEUTLER. H.R. 4444: Mrs. LAWRENCE, Mr. THOMPSON of BEUTLER. H.R. 1298: Mr. SEAN PATRICK MALONEY of Mississippi, and Mr. LANCE. H. Con. Res. 20: Mr. SENSENBRENNER. New York and Mr. TONKO. H.R. 4451: Mr. LAMB and Mr. PETERS. H. Res. 30: Mr. CROWLEY. H.R. 1300: Mr. SMITH of New Jersey. H.R. 4468: Mr. FASO. H. Res. 31: Mr. POLIS. H.R. 1318: Mr. KING of New York. H.R. 4525: Ms. SHEA-PORTER. H. Res. 69: Mr. ENGEL. H.R. 1322: Mr. POLIS. H.R. 4585: Ms. LOFGREN. H. Res. 199: Mr. MARCHANT. H.R. 1447: Mr. KILMER. H.R. 4699: Ms. SHEA-PORTER. H.R. 1516: Ms. CASTOR of Florida. H. Res. 220: Mr. NORMAN. H.R. 4720: Ms. WILSON of Florida. H.R. 1550: Mr. YOUNG of Iowa. H. Res. 257: Mr. DESAULNIER. H.R. 4732: Mr. GARRETT. H.R. 1555: Mr. DAVIDSON. H. Res. 274: Mr. LAMALFA. H.R. 4754: Mr. GOTTHEIMER. ETERSON RENDAN H. Res. 401: Mr. KENNEDY and Mr. CROWLEY. H.R. 1606: Mr. P and Mr. B H.R. 4770: Mr. POLIQUIN and Ms. CASTOR of H. Res. 529: Mr. CARTWRIGHT. F. BOYLE of Pennsylvania. Florida. H. Res. 763: Mr. HURD. H.R. 1680: Mrs. COMSTOCK. H.R. 4957: Mr. PAULSEN. ´ H. Res. 774: Mr. LAMB. H.R. 1697: Ms. SANCHEZ. H.R. 4962: Mr. TIPTON. H. Res. 785: Mr. GIBBS and Mr. AUSTIN H.R. 1783: Mr. THOMPSON of Mississippi. H.R. 5031: Mr. DEUTCH and Miss GONZA´ LEZ- SCOTT of Georgia. H.R. 1828: Ms. KUSTER of New Hampshire. COLO´ N of Puerto Rico. H. Res. 835: Mr. ZELDIN, Mr. STIVERS, Mr. H.R. 1957: Mr. AGUILAR. H.R. 5041: Mr. POLIQUIN and Mr. MOULTON. CAPUANO, and Mr. FASO. H.R. 2077: Ms. PINGREE. H.R. 5045: Mrs. DAVIS of California. H.R. 2119: Mr. MCEACHIN. H.R. 5105: Mr. FITZPATRICK and Mr. POCAN. H. Res. 859: Mrs. LAWRENCE, Mr. BRADY of H.R. 2151: Mr. MICHAEL F. DOYLE of Penn- H.R. 5129: Mr. LOEBSACK, Ms. WILSON of Pennsylvania, and Ms. BLUNT ROCHESTER. sylvania, Mr. SOTO, Ms. ROYBAL-ALLARD, Mr. Florida, Mr. TED LIEU of California, and Mr. H. Res. 869: Ms. NORTON, Ms. JACKSON LEE, SCHIFF, and Mr. CARBAJAL. KING of New York. Mr. CORREA, Mr. ELLISON, and Ms. MCCOL- H.R. 2234: Mr. REICHERT and Mr. CARBAJAL. H.R. 5132: Mr. NUNES, Mrs. COMSTOCK, Mr. LUM. H.R. 2290: Mrs. LAWRENCE, Mr. HURD, and ROTHFUS, Mr. AMODEI, Mr. CURBELO of Flor- H. Res. 870: Mr. NORMAN. Mr. RUSSELL. ida, Mr. LONG, Mr. JORDAN, Mr. ROSKAM, Ms. H.R. 2315: Mr. LANCE, Mr. CRAMER, Mr. HERRERA BEUTLER, Mr. LANCE, Mr. SAM f WALKER, and Mr. DESAULNIER. JOHNSON of Texas, Mr. THOMPSON of Pennsyl- H.R. 2327: Mr. JOHNSON of Louisiana. vania, Mr. SCHWEIKERT, Mr. COSTA, Mr. H.R. 2358: Mr. FITZPATRICK, Mr. SCHRADER, EMMER, Mr. MCHENRY, Mr. VEASEY, Mr. PETITIONS, ETC. Miss RICE of New York, Mr. PANETTA, and WEBER of Texas, Mr. YOHO, Mr. WOODALL, Under clause 3 of rule XII, petitions Ms. MAXINE WATERS of California. Mr. SESSIONS, Mr. VELA, and Mr. HUIZENGA. and papers were laid on the clerk’s H.R. 2401: Mr. CAPUANO. H.R. 5141: Ms. ESHOO, Mr. GIBBS, Mr. BARR, desk and referred as follows: H.R. 2553: Mr. LUCAS. Mr. MCKINLEY, Mr. VELA, Ms. ROYBAL- H.R. 2556: Mr. EMMER. ALLARD, Ms. SA´ NCHEZ, Mr. SCHWEIKERT, Mr. 99. The SPEAKER presented a petition of H.R. 2591: Ms. CHENEY. HUFFMAN, Mr. COSTA, Mr. VEASEY, Mr. SMITH the Legislature of Rockland County, New ´ H.R. 2598: Ms. VELAZQUEZ. of Missouri, and Mr. CONNOLLY. York, relative to Resolution No. 153 of 2018, H.R. 2856: Mr. HULTGREN and Mr. CURBELO H.R. 5201: Ms. NORTON. urging the United States House of Rep- of Florida. H.R. 5220: Ms. LOFGREN. resentatives to Pass H.R. 4663 — the ‘‘Know H.R. 2885: Ms. SINEMA. H.R. 5248: Mr. ROSS. Your Vets Act’’; to the Committee on Armed H.R. 2938: Mr. BACON. H.R. 5272: Mr. RENACCI. Services. H.R. 2943: Mr. SEAN PATRICK MALONEY of H.R. 5281: Mr. JOHNSON of Louisiana. 100. Also, a petition of the Legislature of New York. H.R. 5291: Mr. CARTWRIGHT. Rockland County, New York, relative to Res- H.R. 3195: Mr. GROTHMAN. H.R. 5314: Mr. MCGOVERN. olution No. 151 of 2018, urging the United H.R. 3330: Mr. WESTERMAN. H.R. 5358: Mr. CRAWFORD. States Senate to Pass S. 994 — the ‘‘Pro- H.R. 3378: Ms. SINEMA. H.R. 5359: Mr. PERLMUTTER. tecting Religiously Affiliated Institutions H.R. 3440: Mr. LIPINSKI. H.R. 5374: Mr. HECK, Mr. SARBANES, Mr. Act of 2017’’; to the Committee on the Judici- H.R. 3456: Mr. DONOVAN. CASTRO of Texas, Mr. NEAL, Mr. MCGOVERN, ary.

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