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

Vol. 163 WASHINGTON, TUESDAY, NOVEMBER 7, 2017 No. 181 House of Representatives The House met at 10 a.m. and was erans Day, Saturday, November 11, Appreciation football game Saturday, called to order by the Speaker pro tem- against the Rutgers Scarlet Knights in and a Freedom 5K for post-traumatic pore (Mr. WEBER of ). Beaver Stadium. This game will cele- stress disorder, to benefit those suf- f brate both Penn State and its commit- fering with it, on Sunday. ment to alumni and others in the com- The 6-week regional celebration cul- DESIGNATION OF SPEAKER PRO munity who have served in our mili- minates Sunday afternoon with Mili- TEMPORE tary. tary Appreciation basketball games for The SPEAKER pro tempore laid be- I am so pleased to see the Penn State both the Penn State men’s and wom- fore the House the following commu- community honoring servicemembers, en’s teams at Bryce Jordan Center. nication from the Speaker: veterans, and their families, expressing Mr. Speaker, caring for our veterans and military has been one of my top WASHINGTON, DC, appreciation to them and recognizing November 7, 2017. the sacrifices of Gold Star families. priorities since beginning my congres- I hereby appoint the Honorable RANDY K. Faculty, staff, and students from sional service. It has a special place in WEBER, SR. to act as Speaker pro tempore on around the university and within the my heart, not just because of all our this day. community are engaging in planning veterans have done, but because I have PAUL D. RYAN, and recognizing Active-Duty and vet- seen firsthand the magnitude of their Speaker of the House of Representatives. eran military personnel and their fami- sacrifice. f lies. As a military father, I know that Mr. Speaker, the State College Bor- wearing the uniform is about service MORNING-HOUR DEBATE ough and Centre County have also and sacrifice. The SPEAKER pro tempore. Pursu- joined with University Park to present I thank all those who serve and have ant to the order of the House of Janu- numerous events for veterans and their served this great Nation, and I look ary 3, 2017, the Chair will now recog- families during Military Appreciation forward to honoring their service this week at Penn State and in every corner nize Members from lists submitted by Month. Events began on October 2 with of our country. the majority and minority leaders for the Penn State Veterans Career Fair May God bless our veterans, the morning-hour debate. and will continue through the end of The Chair will alternate recognition United States of America, and the this week. Nittany Lions for a homecoming win. between the parties. All time shall be The Vietnam Veterans Traveling Me- equally allocated between the parties, morial Wall came to University Park f and in no event shall debate continue during the month’s events. I had the TAX BILL beyond 11:50 a.m. Each Member, other opportunity to participate in both the The SPEAKER pro tempore. The than the majority and minority leaders opening and closing ceremonies for the Chair recognizes the gentlewoman from and the minority whip, shall be limited wall, and it was a moving tribute to all Oregon (Ms. BONAMICI) for 5 minutes. to 5 minutes. those who served during the Vietnam Ms. BONAMICI. Mr. Speaker, I rise f war. today in strong opposition to the dan- The theme for the Centre County gerous tax plan that is currently being PENN STATE TO CELEBRATE MILI- event was ‘‘Welcome Home.’’ We all considered by the House Ways and TARY APPRECIATION WEEK AND know that, in many instances, our Means Committee. House Republicans HOMECOMING Vietnam veterans did not receive a wrote this proposal behind closed doors The SPEAKER pro tempore. The warm welcome home when they actu- and then presented it to Congress and Chair recognizes the gentleman from ally returned home from war. This is a the public just last week. Pennsylvania (Mr. THOMPSON) for 5 scar on our history and one that we are This is not the kind of bipartisan tax minutes. working to heal. The Traveling Wall plan we need to help lift up working Mr. THOMPSON of Pennsylvania. served as a reminder of the efforts to families, grow our economy, and lead Mr. Speaker, this week, Penn State promote liberty and freedom that our to a better future for our constituents. University recognizes Military Appre- Vietnam veterans put forth. In fact, under this proposed plan, about ciation Week, which is in conjunction Military Appreciation events con- 80 percent of the benefits will go to the with its homecoming celebration. tinue this week in conjunction with wealthiest 1 percent. While helping out The Penn State Homecoming and homecoming. There will be a Veterans wealthy individuals and corporations, Military Appreciation game will take Day ceremony in front of Old Main on the proposal hurts many working fami- place, and appropriately so, on Vet- Friday, a tailgate before the Military lies by getting rid of deductions for

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 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.000 H07NOPT1 H8526 CONGRESSIONAL RECORD — HOUSE November 7, 2017 State and local taxes and medical ex- Ayan Omar of St. Cloud recently was The quick response of these heroes penses, for example. honored as one of seven recipients of ensured Daniel’s full recovery. Without Mr. Speaker, there is another place the Outstanding Refugee award from them, Daniel would likely not be with where this bill will hurt working fami- the Department of Human us today. I am lucky to represent such lies. Mr. Speaker, Benjamin Franklin Services. This award honors refugees or selfless and heroic people who run to said: ‘‘an investment in knowledge their children who are making innova- their fellow citizens in times of need. pays the best interest.’’ When it comes tive contributions to their community, Thank you Curt, Adam, Dennis, Abi- to education, this plan is an inexcus- and Ayan is well deserving of this com- gail, and Madison for saving Daniel’s able lost opportunity. mendation. She earned this honor as life and showing our community what Education is one of the smartest in- the result of her civic leadership ef- a true hero looks like. vestments we can make, and tax policy forts as a language arts teacher at St. ELK RIVER’S OUTSTANDING VOLUNTEERS is a place where there is tremendous Cloud Technical High School. Mr. EMMER. Mr. Speaker, I rise potential to do great things. Unfortu- But for Ayan, her work extends be- today to honor the incredible members nately, this tax proposal shortchanges yond the classroom and into the com- of the Elk River Chamber of Com- America’s schools, students, and teach- munity. She often speaks on panels or merce. Communities in my district ers. at events, and she was recently a fea- like Elk River are successful because Ninety percent of students attend tured speaker at St. Cloud’s TEDx the members support and encourage public schools, yet this tax plan event, where she spoke about inter- one another. starves public education by making personal communication. Recently, the Elk River Chamber of changes to the property tax deduction We are lucky to have educators like Commerce, which represents 360 local and reducing funding sources for the Ayan who take their work into the businesses, honored some of its most bipartisan Every Student Succeeds communities they serve. Thank you, active members as this year’s out- Act. Ayan, for your commitment to edu- standing volunteers. One was Pam On top of that, the plan would turn cation, and congratulations on this Artmann of Edina Realty Elk River. In 529 college savings plans into a Trump- well-deserved award. just 2 years with the chamber, she was DeVos private school voucher scheme A COMMITMENT TO SAFETY AND CUSTOMERS named Ambassador of the Year for that will primarily aid wealthy fami- Mr. EMMER. Mr. Speaker, I rise bringing positivity to her role. lies and will further undermine our today to recognize an outstanding con- The chamber also honored Tamara public education system. stituent from my district, Andy Thiele Ackerman of Avalon Salon for her This tax plan doesn’t just hurt our of Monticello. work chairing and growing the Shiver students, it also hurts teachers. Right Andy recently competed in the 2017 Elk River 5K/10K Run. For this, she re- now, across the country, teachers pay International Foodservice Distributors ceived the PACEsetter award, which an average of $500 a year out of their Association Truck Driving Champion- highlights her dedication to service on pockets to help stock their classrooms ship in Orlando, Florida. This competi- the chamber board. with supplies like pencils, notebooks, tion highlights the best drivers in the Finally, the chamber recognized and materials to enhance learning, and food industry. This competition honors Mark and Deb Urista of Edina Realty that has been offset by a $250 classroom drivers from all over the country and Elk River with the Keystone award, supplies deduction, which is the least their commitment to safety and excel- which recognizes their longstanding we could do to help those hardworking, lent customer service. commitment and work with and on be- underpaid teachers, but this bill elimi- Andy’s devotion to safety is clear, as half of the chamber. nates that deduction for classroom sup- he has been accident free for 11 years I am honored to represent servant plies. and counting. leaders and entrepreneurs like Mark, We should all also be deeply con- IFDA members, like the Twin Cities Deb, Pam, and Tamara. cerned about the consequences of this division of Reinhart Foodservice where Congratulations to all of you on your GOP tax plan for families who invest in Andy is employed, supply food to pro- well-deserved awards. higher education. The bill eliminates fessional kitchens, hospitals, care fa- f the student loan interest deduction, cilities, colleges, and hotels. making it harder, rather than easier, We need truck drivers like Andy who 100 PERCENT OPPOSED TO THE for millions of Americans who are deliver our Nation’s food efficiently GOP TAX PLAN working to pay off their student loans. and safely across the country every The SPEAKER pro tempore. The On top of that, the bill repeals the day. I commend Andy and all those Chair recognizes the gentlewoman from lifetime learning credit and the Hope who competed in the competition this Illinois (Ms. KELLY) for 5 minutes, scholarship credit, has major reduc- year for their dedication to profes- Ms. KELLY of Illinois. Mr. Speaker, I tions in tax credits for tuition, and will sionalism and safety. I am glad my dis- rise today to say what many in this make employer-paid tuition count as trict, the State of Minnesota, and our body have said: we should simplify our income. That is the wrong direction. We need Nation have dedicated truck drivers Tax Code. However, I am 100 percent a tax proposal that helps, not hurts, like Andy Thiele. opposed to you and your caucus’s ef- students and working families. LIFESAVERS IN ST. CLOUD forts to write this bill in secret, hidden This proposal takes away important Mr. EMMER. Mr. Speaker, I rise away from the public eye. investments in education, and at the today to recognize five outstanding I am 100 percent opposed to your plan same time will add about $1.5 trillion constituents in my district for an act to give massive tax breaks to a to the deficit, leaving our children and of heroism that saved a fellow Min- superrich few and leave middle class grandchildren to pay the bill. nesotan. and working families to pay the bill. Mr. Speaker, this plan will limit op- Police officer Curt Grosz, firefighters As written, the richest 1 percent of portunities for people to get ahead. Adam Imholte and Dennis Ertl, and Americans will receive one-third of the That is wrong. We should come back to high school students Abigail Trelfa and overall benefits from your so-called tax the table and craft a plan that works Madison DeMarais worked hand in reform plan in 2018, but by 2027, this for all Americans, not a plan that hand to save the life of Daniel Fleigle. lucky superrich handful of Americans strongly and wrongly favors those at Daniel was on a bridge in Sartell, will receive half of its benefits. the top. Minnesota, this summer when he acci- Mr. Speaker, that is just wrong. dentally touched a live wire and was f Hardworking moms and dads deserve a electrocuted, sending him to the tax break, not the wealthiest. AN OUTSTANDING REFUGEE ground. Thankfully, his friends Abigail So, yes, I am 100 percent opposed to The SPEAKER pro tempore. The and Madison reacted immediately, call- limiting the State and local tax deduc- Chair recognizes the gentleman from ing 911 and beginning CPR. First re- tion, a provision in the Republican tax Minnesota (Mr. EMMER) for 5 minutes. sponders Curt, Adam, and Dennis all plan that would hike taxes on more Mr. EMMER. Mr. Speaker, I rise responded to this scene shortly there- than 40 percent of my constituents. today to celebrate an outstanding edu- after, and together they saved Daniel’s I am 100 percent opposed to limiting cator in my district. life. the student loan deduction, especially

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.002 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8527 at a time when student debt totals Let’s put the politics aside and give After 16 years, we have spent over $1 more than a trillion dollars. Nearly the American people real tax reform trillion, 2,300 Americans have been two-thirds of Illinois college graduates that supports working families and our killed, and over 20,000 wounded, but the have debt, and their average debt to- small businesses. House does not have a debate. tals more than $28,000. On other note, one more thing I am I call on Mr. RYAN to please, as Mr. Speaker, I am 100 percent op- 100 percent against is more thoughts, Speaker of the House, initiate the com- posed to repealing the elder tax credit, prayers, and moments of silence and no mittees of jurisdiction to mark up a which helps families keep loved ones at action toward gun violence prevention. new AUMF and bring it to the floor and home as they age. Shame on us, Mr. Speaker. let the 435 Members of the House have a debate, no matter whether they want I am 100 percent opposed to denying f teachers, hardworking men and women to stay or come home. But by not de- THE REAL COST OF WAR who have dedicated their lives to bating, we are not meeting our con- teaching the next generation, a deduc- The SPEAKER pro tempore. The stitutional responsibility. tion when they dip into their own Chair recognizes the gentleman from f pockets to purchase school supplies North Carolina (Mr. JONES) for 5 min- REPUBLICAN TAX PROPOSAL their students need. utes. The SPEAKER pro tempore. The I am 100 percent opposed to repealing Mr. JONES. Mr. Speaker, approxi- Chair recognizes the gentleman from the work opportunity tax credit that mately 5 weeks ago, we tragically lost South Carolina (Mr. CLYBURN) for 5 helps businesses hire our brave vet- four soldiers in Niger: Staff Sergeant Bryan Black, Sergeant La David John- minutes. erans and young people starting their Mr. CLYBURN. Mr. Speaker, I rise to son, Staff Sergeant Dustin Wright, and careers. alert the American people to the tax Staff Sergeant Jeremy Johnson. As re- I am 100 percent opposed to repealing scam that is the Republican tax reform the orphan drug expense credit that cently as this past week, we lost a sol- proposal, unveiled last week. It is re- helps find cures for terrible diseases dier in Afghanistan, Sergeant First ported that President Trump wanted to like sickle cell anemia, pancreatic can- Class Stephen B. Cribben. call this bill ‘‘cut, cut, cut.’’ That cer, and cerebral palsy. To honor those I have just named, would have been apropos. I am 100 percent opposed to saddling and their families, I would like to close The first cut is for him and his fam- my children and grandchildren with an by reading a September 26, 2010, edi- ily members, the second cut is for his additional $1.5 trillion in national debt torial by Bob Schieffer, the host of wealthy friends and acquaintances, and just so Republicans can give a tax ‘‘Face the Nation.’’ The title of his edi- the third cut is for large corporations break to their donor base. torial was: ‘‘The Real Cost of War.’’ classified as LLCs. It certainly does This is a scam. Mr. Speaker, I stand ‘‘I was in an airport lounge the other not cut taxes for middle-income fami- with the National Farmers Union, day when I saw a woman across the lies or most small businesses. In fact, AARP, the National American Council way. Why I kept staring, I don’t know. it does just the opposite. It is crystal on Adoptable Children, the National Maybe it was just that she seemed so clear who gets the cuts and who gets to Federation of Independent Businesses, sad. And then I understood. And I pay more. Fix the Debt, the American Society of looked away, hoping she had not seen First and foremost, the GOP tax plan Civil Engineers, the National Associa- me stare. eliminates inheritance taxes that only tion of Realtors, the Mortgage Bankers ‘‘Because in her lap was an American apply to two-tenths of 1 percent of fam- Association, the Chicago Sun-Times, flag, neatly folded into a triangle and ilies who wish to pass along their and the majority of Americans in op- placed in a clear plastic case—a flag wealth, unearned and untaxed. posing your so-called tax reform that folded the way it always is when it is Why are Republicans doing this? Be- is, frankly, nothing more than another given to a soldier’s family as the sol- cause it is a huge priority for some of attempt by the GOP to steal from the dier’s coffin is lowered into the grave. their biggest donors, and the middle-in- middle class and give to the rich. ‘‘I figured her to be a soldier’s moth- come families will be asked to pay for Instead of packaging tax breaks for er, and I couldn’t help but wonder what this $172 billion giveaway to the millionaires and billionaires, let’s memories that flag evoked as she held superrich. The GOP pretend not to be cutting work together on a plan for all Ameri- it there. taxes for the superrich by maintaining cans. ‘‘Did it remind her of the first time she had seen her child in the delivery the top rate of 39.6 percent. However, b 1015 room, or was it the memory of seeing their plan increases the income levels Let’s stop allowing one side of the him go off to school that first day, or that the 39.6 percent applies to from aisle the ability to write legislation af- when he brought home the prize from $470,000 a year to $1 million. These pro- fecting more than 300 million people, in the science fair, or maybe made the posed rate changes will cost over $1 secret, behind closed doors, and away touchdown, or gave her the first Valen- trillion. The GOP tax plan also features a spe- from the public eye. I am 100 percent in tine when he wrote out, ‘Mommy, I cial rate for the owners of passthrough favor of bringing in some sunlight and love you.’ businesses that will cost $448 billion. letting the American people know ex- ‘‘I keep thinking about all the talk in These are LLCs and partnerships that actly what we are doing. Washington about the high costs of de- pay zero corporate taxes and whose I am 100 percent in favor of doing fense and how we have to cut the Pen- owners’ income is treated the same as what we were elected to do: fix prob- tagon budget before it bankrupts the everybody else’s. lems by working together. country. LLCs and other types of passthroughs I am 100 percent in favor of real tax ‘‘But as I watched the woman, budg- make up 95 percent of all the busi- reform. ets seemed to be such a small part of nesses in the country. Some of the I am 100 percent in favor of giving all of it. largest businesses, like Koch Indus- hardworking moms and dads what they ‘‘No, the real cost of war is not what tries, Chrysler, and, of course, most of need and deserve: a tax break. we pay in dollars and cents. the entities owned by the Trump orga- I am 100 percent in favor of growing ‘‘The real cost is what we take from nization are LLCs. the earned income tax credit so fami- a mother who is left with just a mem- Passthroughs that are truly small lies get bigger paychecks. ory—and a neatly-folded flag in a clear businesses are not currently subject to I am 100 percent in favor of creating plastic case.’’ the highest individual rates and al- tax initiatives for businesses that hire Mr. Speaker, I share that with the ready pay 25 percent or lower. The Na- and train at-risk young people and un- House because I do not understand tional Federation of Independent Busi- deremployed people. why, after 16 years in Afghanistan, we nesses opposes this provision for this And I am 100 percent in favor of a cannot have a debate on the floor of very reason. child care tax credit that actually re- the House by all the Members here, of Mr. Speaker, most of us, especially flects the true cost of childcare in both parties, of whether we should con- those who have worked in State gov- America. tinue to stay in Afghanistan or not. ernments, view our States as the best

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.004 H07NOPT1 H8528 CONGRESSIONAL RECORD — HOUSE November 7, 2017 laboratories for the development of This cut also goes to those who make far ability for to deduct for supplies they may pur- good ideas and best practices. This more than $1 million as well. Whether your in- chase for their classrooms. passthrough idea was the centerpiece come is $1 million, $10 million, or $100 mil- Middle income families struggling to pay of Sam Brownback’s tax lion, this provision alone gives you an extra costly medical bills will pay more because the overhaul in Kansas 5 years ago. The $25,000 a year. Mr. Speaker, many South GOP plan shamefully eliminates their deduct- Governor promised it would yield mas- Carolinians I represent do not make $25,000 ibility. sive economic growth. in a year. Mr. Speaker, paying for pass-through gim- And what happened? Kansas was The GOP tax plan also features a special micks and tax giveaways to multi-millionaires plunged into a massive budget deficit rate for the owners of ‘‘pass-through’’ busi- by raising taxes on moderate and middle-in- and forced to make draconian cuts to nesses at a cost of $448 billion. These are come Americans is reprehensible. education, infrastructure, and the rest LLCs and partnerships, who pay zero cor- Democrats are ready to do real tax reform of the State’s operations. This year, porate tax, and whose owners’ income is on a bipartisan basis. But not once in this the Kansas Legislature overrode Gov- treated the same as anybody else’s. process, has the other side attempted to ne- ernor Brownback’s shortsighted experi- The Republicans claim that giving these gotiate. In fact, they have publicly made it ment. owners a special lower rate will help small abundantly clear that they want a bill that only I urge my colleagues not to make the businesses, but nothing could be further from Republicans will support. same mistake here. This scam will sub- the truth. LLCs and other types of pass- Bipartisan tax reform should lower taxes for ject the good people of this country to throughs make up 95 percent of all the busi- working people, not raise them. a second great recession in a single nesses in the country. In fact, some of the Bipartisan tax reform should end incentives decade. Middle-income families will largest businesses like Koch Industries, Chrys- for offshoring jobs and level the playing field pay more because the GOP plan elimi- ler, and of course, most of the entities owned for American corporations. nates deductions for State and local by , are LLCs. Bipartisan tax reform should expand the taxes. This includes millions of Ameri- Pass-throughs that are truly small busi- Earned Income Tax Credit for single filers and cans and over 500,000 South Caro- nesses are not currently subject to the highest the Child Tax Credit to help families. linians. individual rates, and already pay 25 percent or Real bipartisan tax reform would not in- Middle-income families who itemize lower. The National Federation of Independent crease the deficit, add to the debt and pass deductions will pay more because the Businesses opposes this provision for this the bill on to our children and grandchildren. elimination of the personal exemption very reason. It delivers a special low tax rate I know many of my colleagues share these will cost their households $4,000 per to wealthy owners and will not help the small values. Let’s set aside this partisan process member. businesses they claim that it will. and do something worthwhile for the American Middle-income families who utilize Mr. Speaker, most of us, especially those people. Until then, the Democratic Caucus will mortgage interest deductions will pay who have worked in State governments, view be resolute in our opposition to ramming more because the GOP plan lowers the our states as the best laboratories for the de- through tax increases for middle income cap. velopment of good ideas and best practices. Americans and massive giveaways for the Middle-income families with children This pass-through idea was the centerpiece of rich. Governor Sam Brownback’s tax overhaul in in college, or recent graduates, will pay f more because the GOP plan eliminates Kansas just five years ago. The Governor the deductions for interest on student promised it would yield massive economic COMMEMORATING VETERANS DAY loans. growth. And what happened? Kansas was AND HONORING SERVICE ANI- Middle-income families that are vic- plunged into a massive budget deficit and MALS FOR VETERANS tims of natural disasters will pay more forced to make draconian cuts to education, The SPEAKER pro tempore. The because the GOP plan eliminates the infrastructure, and the rest of the state’s oper- Chair recognizes the gentleman from casualty loss deduction. ations. Texas (Mr. FARENTHOLD) for 5 minutes. Mr. Speaker, I rise to alert the American This year, the Kansas legislature overrode Mr. FARENTHOLD. Mr. Speaker, as people to the tax scam that is the Republican Governor Brownback’s short-sighted experi- the Nation celebrates Veterans Day ‘‘tax reform’’ proposal, unveiled last week. It is ment. this week, a day we honor those who reported that President Trump wanted to call I urge my colleagues not to make the same served our country, I am happy to re- this bill, ‘‘cut, cut, cut.’’ That would have been mistake. This scam will subject the good peo- port the VA has made great strides in apropos. The first cut is for him and his family ple of this country into a second great reces- improving and assisting veterans with members, the second cut is for his wealthy sion in a single decade. physical injuries. It struggled, how- Let’s take a look at who pays more while friends and acquaintances, and the third cut is ever, to deal with many of the invisible the President and his wealthy friends and ac- for large corporations classified as LLCs. It injuries plaguing our veterans, like quaintances pay less. post-traumatic stress disorder. certainly does not cut taxes for middle income Middle income families will pay more be- These invisible injuries ravage our families or most small businesses. In fact, it cause the GOP plan eliminates deductions on Nation’s veteran population, with an does just the opposite. It is crystal clear who state and local taxes. This includes millions of average of more than 20 veterans a day gets the cuts and who gets to pay more. Americans and over 500,000 South Caro- committing suicide. This is entirely First and foremost, the GOP tax plan elimi- linians. nates inheritance taxes. This tax only applies Middle income families who itemize deduc- unacceptable. We must work harder to to estates of over $11 million and only affects tions will pay more because the elimination of look for real solutions to this crisis. That is why I am here today urging two tenths of one percent of families in Amer- the personal exemption will cost their house- my colleagues to support the Puppies ica, those who wish to pass along their wealth, holds $4,000 per member. unearned and untaxed. Middle income families who utilize the mort- Assisting Wounded Servicemembers Why are Republicans doing this? Because gage interest deduction will pay more because Act, also known as the PAWS Act. The it’s a huge priority for some of their biggest the GOP plan lowers the cap, costing millions PAWS Act will set up a 5-year pilot donors. In fact, this cut is not even about the of Americans more. program in the VA to provide post-9/11 0.2 percent—it’s really about two families—the Middle income families with children in col- veterans suffering from PTSD with Mercers and the Kochs. lege or recent graduates will pay more be- service dogs if other treatments have The bottom line is that America’s hard-work- cause the GOP plan eliminates the deduction not been successful. ing low, moderate and middle-income families for interest on student loans. Individuals suffering from PTSD ex- will be asked to pay for this $172 billion dollar Middle income families that are victims of perience emotional numbness, loneli- give away to the super rich. natural disasters will pay more because the ness, nightmares, hypervigilance, and At the heart of this scam is the GOP pre- GOP plan eliminates the casualty loss deduc- anxiety. However, traditional VA tense not to be cutting taxes for the super-rich tion. treatments are symptoms-based and by maintaining the top rate of 39.6 percent. Middle income families who adopt children often have side effects or fail to ad- However, it increases the income level that will pay more because the GOP plan elimi- dress the root of these issues. the 39.6 percent applies to; from $470,000 to nates the adoption tax credit. Service dogs, however, have no side $1 million. These proposed rate changes will Middle income school teachers will pay effects. They can be used in tandem cost over $1 trillion. more because the GOP plan eliminates their with other treatments. They can be

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.006 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8529 trained to wake their owners from In 1993, following completion of near- person making much less—persons who nightmares, create a buffer zone in ly 22 years in the United States Navy, may have worked for him, maybe a sec- large crowds, remind their owners to Commander Solis became the inau- retary, maybe somebody who was mak- take their medication, and watch their gural Navy Junior Reserve Officer ing money at a much lower level in owners’ back to provide a sense of secu- Training Corps naval science instruc- that company—paid less than half in rity and more. tor at Flour Bluff High School. Over taxes in terms of the amount to be I have heard from veterans suffering the next 24 years, Commander Solis not paid, the percentage of the earnings; from PTSD that sometimes the hardest only instilled his students with values less than half of the ordinary income part of the day is just getting out of of citizenship, service to the United tax. bed in the morning. The schedule of States, personal responsibility, and It is called carried interest. Well, the walking, feeding, and caring for his or sense of accomplishment, but he also commitment was that you were going her service dog offers veterans purpose created one of the most successful to close loopholes. You haven’t closed and a sense of responsibility. Ulti- JROTC programs in the Nation. that loophole. You haven’t eliminated mately, a service dog and its owner In his first year, the Navy selected that loophole. I know that there is talk better each others’ lives. the Flour Bluff program as the best about reducing the size of a big loop- It is important that the House pass new program in Texas and, by his hole and making it a little less big, but the PAWS Act and allow the VA to ex- fourth year, the best in the Nation. that is not what you promised. You amine the efficiency and effectiveness With 23 years as a distinguished honors said you were going to eliminate the of providing veterans with service dogs. program, 22 Texas Navy JROTC cham- loopholes. This loophole sends a signal While talking about service animals, pionships, a record 11 Navy national to ordinary Americans who are work- I would also like to recognize Eli’s championship titles, and the honor of ing hard every day. It says to them Fund, an initiative at Texas A&M Uni- being the only Navy program to win that you are willing to allow the rich versity created in memory of the late the All-Service National Drill Team to have more to do more, but you be- Lance Corporal Colton Rusk and Eli, Championship, Commander Solis has lieve that those who work hard every his service dog, that provides financial touched the lives of thousands of stu- day can do more with less. support for service animals of Active- dents, instilling them with the values Mr. Speaker, I refuse that philos- Duty servicemen and -women, medi- of patriotism, loyalty, and, most im- ophy. I reject it. I believe that if you cally retired veterans’ service animals, portantly, service. are working hard every day, if you are and retired military animals, to help Thank you, Commander Solis, for earning middle class wages, you ought with veterinary medical bills. It is im- your commitment to our students and to be able to get the tax break prom- portant that military animals continue our Nation. I wish you the best in re- ised. I don’t think that the tax break to be cared for in retirement. tirement. should go to the person who can make CONGRATULATING GEORGE GONZALES AND THE f $3 billion and pay less than half of ordi- CORPUS CHRISTI ARMY DEPOT FOR OUT- nary income tax on it. STANDING SERVICE TAX PLAN DOES NOT ELIMINATE Carried interest was a commitment Mr. FARENTHOLD. Mr. Speaker, I LOOPHOLES that was made. The elimination of car- am proud to represent the Corpus The SPEAKER pro tempore. The ried interest has not taken place. You Christi Army Depot, considered as the Chair recognizes the gentleman from have not kept your word. There are jewel of the Army Depot system. Texas (Mr. AL GREEN) for 5 minutes. CCAD is currently the largest rotary many other aspects of it. You can’t Mr. AL GREEN of Texas. Mr. Speak- talk about all of them in one message. wing aircraft facility in the world. In- er, it is always an honor to stand in the stead of buying new helicopters, which But you can do this: you can make it well of the House and have the oppor- clear to working class people, to mid- cost $17 million or more, CCAD repairs tunity to speak to not only the Mem- and rehabilitates the current fleet, dle-income people, that this tax plan is bers of Congress, but to the American for those who are going to make the often at less than half the cost of new people. helicopters. CCAD saves taxpayers mil- carried interest kind of money, the $3 Today, Mr. Speaker, I rise because I billion, the money that will allow them lions of dollars, while ensuring the U.S. am in opposition to a tax plan that has Army maintains a superior level of to go on and do great things, but won’t been said to eliminate loopholes, but cause them to have to pay their fair readiness and reliability. has not done so. This would not be possible without share of taxes. Let me explain, Mr. Speaker. I will outstanding employees like Army vet- Mr. Speaker, I believe in fairness for address but one loophole. I will address eran George Gonzalez, who recently re- all, and that includes the very, very the loophole that allowed a person who ceived the prestigious 2017 Donald F. rich. made $3 billion one year—by the way, I Luce Depot Maintenance Artisan f don’t begrudge him for making $3 bil- Award, given annually to one indi- lion. I like to see people make as much COMMEMORATING NATIVE AMER- vidual who makes an outstanding con- as they can make in this country, but ICAN HERITAGE MONTH AND tribution to Army aviation in the area I also think that every person ought to HONORING DR. RUDI MITCHELL of depot maintenance. pay for his or her fair taxes on what- The SPEAKER pro tempore. The Gonzales leads a 31-man team that ever they earn. This person made $3 Chair recognizes the gentleman from reassembles UH–60 Black Hawk heli- billion. Nebraska (Mr. BACON) for 5 minutes. copters. Under his leadership, the team How much is $3 billion? Mr. BACON. Mr. Speaker, I rise has reduced the average build time Well, let me explain. Mr. Speaker, $3 today to commemorate National Na- from 42 to 17 days. Congratulations, George, and your billion, it would take a minimum-wage tive American Heritage Month by hon- team, and everyone at CCAD, who are worker working full time, Mr. Speaker, oring a dedicated community leader doing an outstanding job ensuring our 198,000 years to make $3 billion; 198,000 and warrior from Nebraska’s Second warfighters are equipped with the avia- years. I don’t begrudge a person for Congressional District. tion assets they need to keep America making it, but here is the point: if you Growing up on the Umonhon Nation safe and be a force for good around the make it, you ought to pay your fair Reservation in Macy, Nebraska, Dr. world. share of taxes on it. Rudi Mitchell was one of eight children This country makes it possible for us raised by a single mother. Rudi’s mom, b 1030 to do great things. This country makes Mary Lieb Mitchell, was a strong RECOGNIZING THE ACCOMPLISHMENTS OF it possible for us to succeed. So if you woman and a major influence in the COMMANDER ARMANDO SOLIS have succeeded in this country, you lives of her children. Her focus was Mr. FARENTHOLD. Mr. Speaker, I ought to contribute to the country education and ensuring her children am here today to recognize the career itself. He made $3 billion and paid taxes had the opportunities that she did not of recently retired Flour Bluff High that were called carried interest. He have. School Navy Junior ROTC instructor, did not pay ordinary income taxes. In It was because of her that Rudi and Commander Armando Solis. fact, he paid less than half of what a his siblings all went out to pursue

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.007 H07NOPT1 H8530 CONGRESSIONAL RECORD — HOUSE November 7, 2017 higher education. Including nieces and the chief elected governmental rep- Tragedy struck the Redner family nephews, 15 members of his family have resentative of his people. He presided with the passing of Josh’s older broth- earned degrees ranging from bachelor’s over the elected Tribal Council at all er, George. Devastated by the loss of to doctorate, to medical degrees. official meetings and represented their his role model, Josh used the power of In 1964, Rudi felt the call to serve our interests with county supervisors, the his grief to get clean and live a life Nation at a time of war and enlisted in Nebraska Unicameral, the United that would have made his older brother the United States Army Medical Corps. States Congress, State Governors, the proud. Josh found a good-paying job, As he will tell you, Native Americans President of the United States, and acted as a role model for his three consider it an honor to serve as a war- international leaders. younger brothers, and was saving rior, and he was proud to do so in the In addition, Dr. Mitchell serves on money to buy a home. U.S. Army. He was a part of the Army the board of directors for the Big Elk Mr. Speaker, it is with a broken Medical Corps and served a total of 3 Native American Center, a nonprofit heart that I say that this is not how years and 13 months of which he de- that is working to provide a multitude Josh’s story ended. Josh once again re- ployed to South Korea, providing med- of services to more than 8,000 Native lapsed. Speaking with his parents over ical support to troops. Americans from over 130 Tribes that the phone, Josh assured them that he Once his service was complete, Dr. reside in the Omaha area. Currently, would be okay and asked that they Mitchell used the GI Bill to attend the the nonprofit provides language serv- pick him up the next morning. Having University of Nebraska Omaha, and in ices, teaching the Umonhon language, no other options, George and Jacqui August of 1973, he earned his bachelor and providing expert witnesses. agreed. of general studies with an emphasis on Dr. Mitchell is a lifetime member of The next morning, George and Jacqui social work. He then pursued and re- the VFW Post 1581 and the American found Josh next to a picture of his ceived his master of social work in Au- Legion Post 1, and although he has of- older brother, George, having lost his gust of 1975. ficially retired, he still serves as an battle with addiction. With his degrees in hand and inspired elder of the Omaha Tribe. Through his In closing, Mr. Speaker, I would like by his mother’s dreams, Dr. Mitchell lifetime of dedicated service, he has to share with you the words that worked for the Nebraska Indian Inter- helped many youth and members of the Jacqui shared with me. Her incredible tribal Development Corporation and Umonhon Nation overcome depression strength is a testament to the love she the Bureau of Indian Affairs for Winne- and learn about their heritage. has for her sons. Jacqui said: bago. After that, he returned to the We are proud to recognize Dr. Mitch- This heroin epidemic affects everyone it Umonhon Nation Reservation in Macy, ell as a true warrior, patriot, and self- touches. It is not going away. It is only get- Nebraska, and was the acting director less servant; one that not only fought ting worse. I don’t want any parent to have of the outpatient mental health-social for his Nation, but also for those im- to bury their child. I should not have had to services department at the Carl T. Cur- pacted by mental health issues, and bury two of mine. If we can together save one more child from going down the same tis Health Education Center. Rudi then continues to keep his Native American culture and heritage alive for future path as our Josh did, then our efforts will be earned his doctorate of education and worth it. counseling and psychology from the generations. f University of in Decem- f ber of 1987. REMEMBERING JOSHUA RYAN VETERANS DAY Dr. Mitchell continued to serve those REDNER The SPEAKER pro tempore. The residing at the Macy and Winnebago The SPEAKER pro tempore. The Chair now recognizes the gentlewoman Reservations, including as interim Chair recognizes the gentleman from from Alabama (Mrs. ROBY) for 5 min- president of the Nebraska Indian Com- Pennsylvania (Mr. FITZPATRICK) for 5 utes. munity College and, most recently, as minutes. Mrs. ROBY. Mr. Speaker, in the year the assistant professor of Native Amer- Mr. FITZPATRICK. Mr. Speaker, I 1918, on the 11th hour of the 11th day of ican studies at Creighton University. rise today to share the story of Joshua the 11th month of the year, the armi- He is also listed as a qualified expert Ryan Redner, a young man from my stice ending World War I was signed. witness in Indian child welfare cases in district in Levittown whose tragic Originally known as Armistice Day, the courts of the State of Nebraska. story illustrates exactly why we can- Congress passed and President Dwight His deep compassion for the youth of not waver in our commitment to fight- Eisenhower signed a resolution offi- the Umonhon Nation inspires him to ing the opioid epidemic. cially designating November 11 as Vet- continue to make an impact. With the During his final year of high school, erans Day. Now, every year, Americans high suicide rate and many suffering Josh was prescribed Percocet to treat pause on this special day to recognize from depression, Dr. Mitchell has made the pain from a knee injury. His par- all those, young and old, who have it a mission of his to interact with the ents, George and Jacqui, never imag- served our country in uniform. youth as a social worker and mental ined that their son, a star athlete, and While we should honor the service health therapist. As an elder of the an excellent student who planned to at- and sacrifice of our veterans every day, Umonhon Nation, Dr. Mitchell partici- tend the Coast Guard Academy could this day provides a unique opportunity pates and leads traditional Umonhon be dragged down by addiction. for us to come together as a nation and prayer ceremonies in welcome and But addiction can impact anyone, pay tribute to the men and women who graduation ceremonies. Mr. Speaker. Not long after the initial put their lives on the line for our free- Rudi continues to preserve his native prescription, Josh’s family noticed dom. language, which his mother did not changes in his behavior. Then, long This year I will be participating in allow to be spoken in his childhood after Josh’s prescription had run dry, my hometown of Montgomery’s Vet- home because she wanted them to George and Jacqui were still finding erans Day event, and I highly encour- learn English. He also is working to re- pills in Josh’s room. Recognizing the age you and your families to attend the vive the lost culture of his Nation, in- beginning of a serious problem, Josh’s festivities in your area. I can promise cluding the importance of his Indian parents sat him down and Josh com- you that you won’t regret it. For me, it name. His is Sihi-duba of the Buffalo mitted to getting clean. is not only an opportunity to express Clan. Working to get the help he needed, my gratitude to those who have served, As a direct descendant of Chief Big Josh entered rehab. Unfortunately, the but it is also a chance for my children Elk, the last hereditary chief of the treatment did not hold and thus began to meet veterans and to better under- Umonhon Nation, Dr. Mitchell followed a cycle of relapse, followed by stints in stand the sacrifices that they have his great-great-great-great-grand- rehab. George and Jacqui were shocked made for us. father’s legacy of leadership, and has to learn that Josh eventually moved If you can’t attend an event in per- served as a Native American leader on from OxyContin, which was expensive son, I hope you will take time to reach the local, State, and national level. and hard to find, to heroin, which was out to friends and relatives who have From 1992 to 1995, he was the Tribal cheap and easily found—a transition served and let them know how much chairman of the Umonhon Nation and that is all too common. you appreciate them.

VerDate Sep 11 2014 02:53 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.009 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8531 Mr. Speaker, this Veterans Day this plan is a tax cut for the rich, and tax, also known as the death tax. In comes as services for veterans are im- they will cite our changes to the estate 2013, Rick Corman passed away after a proving both on a national level and lo- tax as an example. But as the story of heroic 12-year battle with cancer. It re- cally in Alabama’s Second Congres- Rick Corman reveals, the estate tax is sulted in the transfer of his life’s work sional District. I have been impressed not a tax on the wealthy as much as it to a living trust. More than anything, by the leadership of the Secretary of is an unfair penalty on hard work, jobs, Rick had an intense appreciation for Veterans Affairs, Dr. David Shulkin. charity, upward mobility, and the the hard work and loyalty of his em- He has been making the long-troubled American Dream. ployees who had been and continue to department work better for those it In 1973, after growing up in a low-in- be an integral part of the company’s serves. come, five-room house with no interior success, and he wanted to ensure that Closer to home for me, the Central bathroom, Rick Corman started his he protected their jobs into the future. Alabama Veterans Health Care System company immediately following high Since Rick’s passing, the trust has has improved its service rating and school graduation with nothing more continued to reinvest cash into the now ranks three out of five stars. This than a dump truck, a backhoe, and a company, as he intended, and the com- is encouraging news, especially consid- tenacious spirit. Driven by his remark- pany continues to operate and help ering that just a few short years ago able operator skills, and then by his those who have benefited from it. The the Central Alabama VA was one of the commitment to safe and reliable serv- company has invested nearly $110 mil- Nation’s worst. Our VA now has the ice, Rick was able to become a trusted lion in capital assets, and employment steady leadership of Dr. Linda Boyle, provider in the railroad industry. has grown by 53 percent, nearly 450 and there is no question that her guid- But his success would not have been jobs. The company has donated more ance has made a difference in making possible without the assistance early in than $2.5 million to charitable causes this sustained progress. his career from Luther Deaton, a com- since Rick’s passing. munity banker for what is now called But due to the estate tax, the com- b 1045 Central Bank in Kentucky. As Rick pany has yet to feel the full impact of I am eager to see it continue. We still grew his company, he faced debts and the tax. But starting in 2019, nearly 30 have significant issues to address at cash flow problems. He struggled to get percent of its annual cash flow will be our Central Alabama VA, which is why a loan. As Luther said: He had a good pulled from the company as a result. I will remain actively engaged in work- company; he just faced a cash crunch. This will significantly impact R.J. ing to turn around the system. But Rick invited Luther to the site Corman’s ability to create jobs, pur- of a coal train derailment inside a tun- Mr. Speaker, it is my distinct honor chase equipment, and donate to char- nel in the middle of the night to show to represent a district that is home to ity. The leadership of the company now his work; and Rick, recalling the epi- one of the Nation’s highest concentra- tells me that the government will actu- sode, laughed because he had gotten his tions of veterans and retired military ally lose revenue because the company banker filthy and covered in coal dust. personnel. One of the most rewarding will not be able to grow and create jobs But after that experience and seeing parts of this job is being able to advo- that would produce more revenue than how hard Rick worked, Luther knew cate for those who have served this Na- the estate tax will produce. that this man would not fail. So Rick tion in uniform. This is an example of why it is so im- was then able to secure character- I take my responsibility to look after portant we end this unfair tax. The based loans that allowed his company veterans very seriously, whether push- death tax destroys intergenerational to thrive because his community bank- ing for better policies or fighting to small businesses and family farms er was willing to take a risk on him improve access to the VA medical serv- throughout the Nation owned by people based on what he knew about his busi- ices or going to bat on behalf of some- who started with literally nothing and one the bureaucracy has left behind. ness and Rick’s drive to succeed. Today, this type of loan would never worked their entire life to build a suc- So, Mr. Speaker, I would like to close be allowed under the overly restricted cessful company and jobs. by extending my sincere gratitude to Dodd-Frank law, but those loans So as we look at the estate tax and everyone who has served this country proved to be essential for the growth of tax reform in the coming weeks, I hope and their families. Our country is great Rick’s company and ultimately highly my colleagues will remember the story because of the men and women who profitable for the bank. of Rick Corman. These families and were willing to sacrifice on our behalf. Without access to capital, today’s en- these businesses should not have to f trepreneurs are prohibited from doing fear triple taxation from Washington THE ESTATE TAX what Rick Corman did. Over 40 years just because someone passes away. he grew his company into what is Our bill immediately delivers relief The SPEAKER pro tempore. The today known as R.J. Corman Railroad from this tax, and I hope that we will Chair recognizes the gentleman from Group, continuously investing profits pass a repeal of the estate tax to honor Kentucky (Mr. BARR) for 5 minutes. back into his business, into its work- entrepreneurs, job creators, and philan- Mr. BARR. Mr. Speaker, I rise today ers, and into the surrounding commu- thropists like Rick Corman. to share the amazing story of Rick nity. f Corman, the hardworking, hard-charg- Today, R.J. Corman has field offices RECESS ing founder of R.J. Corman Railroad in 23 States. The company serves all Group in Nicholasville, Kentucky, in seven class I railroads, many regional The SPEAKER pro tempore. Pursu- my district. Rick’s life story is an ex- and short line railroads, as well as var- ant to clause 12(a) of rule I, the Chair ample of the American Dream, and his ious rail-served industries. declares the House in recess until noon tireless spirit, grit, determination, and Rick grew the company into what it today. generosity benefited not only the em- is today by treating all of his workers Accordingly (at 10 o’clock and 51 ployees of R.J. Corman, but an entire well, working alongside them, and minutes a.m.), the House stood in re- community. never asking them to do a job that cess. Unfortunately, because of America’s Rick himself was unable or incapable f broken Tax Code, the abilities of entre- of doing himself. The company’s diver- b 1200 preneurs like Rick are compromised, sity and investment in people gave it and the estate tax, in particular, the ability to service all aspects of the AFTER RECESS threatens the future ability of the R.J. freight railroad industry at any scale. The recess having expired, the House Corman Railroad Group to continue to The company has been critical to re- was called to order by the Speaker at drive economic growth, employment, storing service when class I railroads noon. and charitable giving in Kentucky. are devastated by flooding or storms f This story is timely. As Congress like Hurricanes Katrina, Harvey, or takes on the task of reforming our bro- Irma. PRAYER ken Tax Code over the next few weeks, But now the future success of this Chaplain Michael J. Halyard, South critics will undoubtedly protest that company is threatened by the estate Texas Veterans Health Care System,

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.010 H07NOPT1 H8532 CONGRESSIONAL RECORD — HOUSE November 7, 2017 San Antonio, Texas, offered the fol- to our guest chaplain for the U.S. INHUMANE TREATMENT OF THE lowing prayer: House of Representatives, Reverend UNDOCUMENTED CANNOT BE RE- Merciful and loving God, source of Captain Michael Halyard of Jackson- WARDED life and constant guide to Your people, ville, Florida—previously of Jackson- (Mr. QUIGLEY asked and was given we ask Your blessings on our esteemed ville, Florida, I should say. Upon his permission to address the House for 1 return from Iraq just recently, he has Representatives as they continue to minute and to revise and extend his re- been deployed to San Antonio, Texas, help govern a course for our Nation and marks.) and that is a loss for northeast Florida. its citizens. Mr. QUIGLEY. Mr. Speaker, I rise In these days of disrepute and impro- Reverend Halyard is a respected com- munity leader who is devoted to his today to shed light on the appalling priety, keep them steadfast in their de- state of our Nation’s immigration de- liberations. Inspire them to continue in community, country, family, and faith. Reverend Halyard serves as a staff tention centers. their journey to promote the values Devoid of health services and basic upon which this great Nation was chaplain at Community Hospice of Northeast Florida, and he served as an medical standards, these ICE facilities founded: justice, liberty, equality, free- are cruel and inhumane. Suicide rates dom, and peace. assistant pastor at the United Mis- sionary Baptist Church in Jackson- are high, children and families are As Your blessings of goodness tran- traumatized, and LGBT detainees are scend into a dynamic of creativity, ville. He is also a member of the Flor- ida National Guard, where he has subject to alarming rates of abuse. help us to see signs of hope born of pain served as the combat veteran battalion These centers are also very expen- as we often find ourselves present in chaplain since 2009. sive. Daily operations cost $165 per de- the midst of uncertainty and suffering. Reverend Halyard leads his church tainee, and $2 billion, annually, despite May the vacuous space left by stains and his community by serving his Na- detention alternatives that can cost as of catastrophic occurrences open the tion, leading worship services, and by little as $9 a day. minds and hearts of all to deeper com- providing support for grieving families. Yet even with this track record, ICE passion and a new level of human un- Mr. Speaker, I ask my colleagues funding has nearly doubled from the derstanding. today to welcome Reverend Halyard. Bush administration to today, and May all that is done here today be for May God bless him and our Nation, and transparency has fallen by the wayside our American democracy while reflect- especially those who he will be serving under the current administration, all ing Your resplendent honor and glory. in Texas, particularly Sutherland while conditions continue to deterio- Amen. Springs, Texas, today. rate. f f Inhumane treatment of the undocu- mented cannot be rewarded with re- THE JOURNAL ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE peated budget increases. It goes The SPEAKER. The Chair has exam- against our country’s most funda- ined the Journal of the last day’s pro- The SPEAKER pro tempore (Mr. mental values and cannot continue. We ceedings and announces to the House HOLLINGSWORTH). The Chair will enter- must cut ICE’s budget until these con- tain up to 15 further requests for 1- his approval thereof. cerns are addressed. Pursuant to clause 1, rule I, the Jour- minute speeches on each side of the f nal stands approved. aisle. Mr. WILSON of South Carolina. Mr. f CELEBRATING JEAN GAINES’ 40TH Speaker, pursuant to clause 1, rule I, I EXTEND TEMPORARY PROTECTED ANNIVERSARY AT GENEVA demand a vote on agreeing to the STATUS FOR HAITIANS AND CHAMBER OF COMMERCE Speaker’s approval of the Journal. HONDURANS (Mr. HULTGREN asked and was The SPEAKER. The question is on (Ms. ROS-LEHTINEN asked and was given permission to address the House the Speaker’s approval of the Journal. given permission to address the House for 1 minute and to revise and extend The question was taken; and the for 1 minute and to revise and extend his remarks.) Speaker announced that the ayes ap- her remarks.) Mr. HULTGREN. Mr. Speaker, I rise peared to have it. Ms. ROS-LEHTINEN. Mr. Speaker, today to honor Mrs. Jean Gaines for Mr. WILSON of South Carolina. Mr. the administration has announced that her 40 years of service at the Geneva Speaker, on that I demand the yeas it will terminate temporary protected Chamber of Commerce, most recently and nays. status, or TPS, for Nicaragua while ex- as their president. Under her leader- The yeas and nays were ordered. tending the immigration protection for ship, the chamber has grown substan- The SPEAKER. Pursuant to clause 8, Honduras for merely 6 months. In the tially, to the benefit of our community rule XX, further proceedings on this coming weeks, an announcement on and to the State of Illinois. question will be postponed. Haiti’s TPS designation is expected. To those who know Jean Gaines, she f I am greatly worried about these de- is described as intelligent, alert, and cisions because over 100,000 Hondurans fun-loving, a good mix of qualities to PLEDGE OF ALLEGIANCE and Haitians legally residing in our steer the board of directors through The SPEAKER. Will the gentleman communities could be deported and many challenges. from North Carolina (Mr. PITTENGER) forced to go back to the instability and Through hard work, she has devel- chaos in their home countries. come forward and lead the House in the oped multiple festivals and business ac- Pledge of Allegiance. For years, the United States has been providing necessary funding for Hon- tivities, including the Festival of the Mr. PITTENGER led the Pledge of Vine and the opening of the Geneva Allegiance as follows: duras, which is still struggling with crime and security challenges, and for Visitor Center. I pledge allegiance to the Flag of the Haiti, which continues to be impacted Her contributions have made the United States of America, and to the Repub- by devastating natural disasters. This chamber of commerce a vibrant organi- lic for which it stands, one nation under God, zation and a model for many other indivisible, with liberty and justice for all. is precisely why Congress enacted TPS: so that we can provide a safe haven to chambers throughout the State of Illi- f those who are unable to securely re- nois and throughout the country. WELCOMING CHAPLAIN MICHAEL turn to their home countries. Her family has also had a hand in the J. HALYARD Mr. Speaker, the decision to send chamber’s success. Her husband, John; these individuals back would be a set- daughter, Kristine; son-in-law, Jerry The SPEAKER. Without objection, back to our bilateral relations with Holtz; son, Mark; and grandsons, Jack the gentleman from Florida (Mr. RUTH- those nations while tearing these fami- and Luke Holtz, have all worked in ERFORD) is recognized for 1 minute. lies apart. countless events in their support of our There was no objection. I strongly urge the administration to local business community. Mr. RUTHERFORD. Mr. Speaker, I extend TPS for Hondurans and Hai- Jean, congratulations on 40 great rise today to introduce my colleagues tians residing in our beautiful country. years of service. Your hard work helps

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.013 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8533 American business succeed, and we are ister, Margaret Thatcher: socialism remembered most for honoring and fol- grateful. will work until you run out of spending lowing his Lord and master. f other people’s money. On a personal note, I first met Dr. Ambassador Haley’s service has ush- Graham back in 1971 when I served as GOP TAX PLAN WILL HURT ered in a new era of moral clarity. The his caddy at the Byron Nelson Pro-Am, WORKING FAMILIES United States is again a leader for ex- playing with Byron Nelson, Bob Hope, (Mr. BROWN of Maryland asked and panded freedom. President Donald and Arnold Palmer. That was a fun was given permission to address the Trump’s commitment to peace through time, but I have admired his walk with House for 1 minute and to revise and strength is going to make the world Jesus ever since. extend his remarks.) safer for American families, along with Happy birthday, Dr. Graham. Mr. BROWN of Maryland. Mr. Speak- Vice President MIKE PENCE, who is here f er, I rise today against the GOP tax in the Capitol Building today. plan that benefits the top 1 percent by In conclusion, God bless our troops, GOP TAX PLAN raising taxes on millions of working and we will never forget September the (Ms. MATSUI asked and was given families. It eliminates important tax 11th in the global war on terrorism. permission to address the House for 1 incentives for middle class families and f minute and to revise and extend her re- those who strive to join the middle TAX PLAN AND EDUCATION marks.) class. Ms. MATSUI. Mr. Speaker, I rise in This bill would no longer allow (Mrs. DAVIS of California asked and opposition to the Republican tax plan. Americans to deduct interest on stu- was given permission to address the This bill is nothing but a giveaway to dent loans, making college even more House for 1 minute.) America’s wealthiest and corporations expensive. Mrs. DAVIS of California. Mr. Speak- on the backs of middle class families. By capping the mortgage deduction, er, are there students in our country The GOP tax plan gets rid of com- it keeps the American Dream of own- who think college has become too af- monsense policies that the American ing your home in economically vibrant fordable? parents who feel that saving people rely upon: areas of my State out of reach. for their children’s education has be- It eliminates the student loan deduc- The bill ransacks and Med- come too easy? I know that my con- tion that helps young people pay for icaid by $1.5 trillion, and if you have a stituents would certainly answer with college; sick child or a family member with dis- a resounding ‘‘no.’’ It eliminates the medical expense de- abilities or long-term medical needs, Why would anyone support a tax bill duction, which helps families strug- you will struggle just to make ends that would make college even more ex- gling with diseases like Alzheimer’s af- meet. pensive for our students? ford care; While the tax cuts for billionaires When will we start working together It eliminates the deduction for teach- and corporations are permanent, the to put the interests of average Ameri- ers that helps them purchase supplies help for working families would dis- cans before the interests of large cor- for the classroom; and appear over time. porations? It sharply reduces the State and local Raising taxes on middle class fami- According to the Ways and Means tax deductions that my constituents in lies isn’t the kind of tax reform our summary, the Republican tax bill Sacramento rely upon. country needs. This isn’t the relief would increase the cost to students at- Meanwhile, when the national debt they were promised. This isn’t the re- tending college by $65 billion—that is grows as a result of the GOP’s un- lief they deserve. Working moms and billion with a B—over the next decade. funded tax breaks, Republicans will dads can’t simply hope that corporate This administration promised to put turn around and justify cuts to earned tax cuts turn into profits that trickle money back in the pockets of Ameri- benefits like Medicare and Social Secu- down to them. cans who need it the most, and this rity. Mr. Speaker, we need to invest in misguided tax bill does the exact oppo- Middle class Americans shouldn’t be economic growth, not in hurting work- site. punished so that the megarich and cor- ing families across America. Mr. Speaker, education is the corner- porations get a break. f stone of our global competitiveness, and this Republican bill would only f AMBASSADOR HALEY SPEAKS make college less affordable and less b 1215 TRUTH accessible. I urge my colleagues to re- OPIOID CRISIS (Mr. WILSON of South Carolina ject this assault on the middle class. asked and was given permission to ad- f (Mr. HARRIS asked and was given dress the House for 1 minute and to re- permission to address the House for 1 vise and extend his remarks.) HONORING DR. BILLY GRAHAM’S minute and to revise and extend his re- Mr. WILSON of South Carolina. Mr. 99TH BIRTHDAY marks.) Speaker, congratulations to Ambas- (Mr. PITTENGER asked and was Mr. HARRIS. Mr. Speaker, I rise sador Nikki Haley, the former Gov- given permission to address the House today to commend President Trump for ernor of South Carolina, for leadership for 1 minute and to revise and extend his attention to the opioid epidemic opposing a misguided U.N. resolution his remarks.) sweeping over our great Nation and his calling for the U.S. to lift the Cuban Mr. PITTENGER. Mr. Speaker, I rise declaration of a public health emer- embargo. This was a resolution the today in honor of Dr. Billy Graham, a gency. Obama administration has shamefully revered national treasure, who cele- As we work to address this epidemic, abstained from voting on. brates his 99th birthday today. I was happy to welcome Richard Baum, Rather than bow down to the Cuban The world honors Dr. Graham’s birth- the acting director of the Office of Na- Communist dictatorship, Ambassador day because of a decision he made 83 tional Drug Control Policy, to Cecil Haley stood up to them and stood up years ago. On November 1, 1934, at a County in Maryland’s First Congres- for the oppressed people of Cuba. Mordecai Ham tent revival in Char- sional District 10 days ago for their Ambassador Haley correctly re- lotte, North Carolina, young Billy Gra- Prescription Drug Take Back Day. My viewed: ‘‘The United States opposes ham accepted Jesus as his personal home State of Maryland has been hit this resolution today in continued soli- Savior and committed his life to tell- particularly hard by the opioid crisis. darity with the Cuban people and in ing others about Jesus’ love and for- Last year, 89 percent of all intoxication the hope that they will one day be free giveness. God used that decision to im- deaths in Maryland were linked to to choose their own destiny.’’ pact countless lives around the world. opioid abuse, and the frequency of The economic catastrophe of Cuba is While Presidents have sought his opioid-related deaths quadrupled over due to the Communist, totalitarian counsel over many decades and mil- the last 7 years. dictatorship, not the American embar- lions have gone forward to accept Jesus But despite these frightening statis- go. As cited by the late Prime Min- Christ at his meetings, Dr. Graham is tics, State and Federal lawmakers

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.015 H07NOPT1 H8534 CONGRESSIONAL RECORD — HOUSE November 7, 2017 across the country are still pushing to Mr. Speaker, I urge my colleagues to OPPOSING RYAN-MCCONNELL TAX legalize recreational marijuana. Mari- support the VETS Act and work to give PLAN juana use increases the risk of cancer, our veterans access to the best care (Mrs. BEATTY asked and was given hinders brain development in adoles- possible, no matter where they are or permission to address the House for 1 cents and young adults, and encourages where they live. minute.) experimentation with even more dan- f Mrs. BEATTY. Mr. Speaker, today, I gerous drugs, including opioids. RECOGNIZING DR. JOACHIM FRANK come to the people’s House floor in Mr. Speaker, with the opioid crisis strong opposition to the Ryan-McCon- our Nation is currently fighting, why (Mr. ESPAILLAT asked and was given permission to address the House nell billionaires-first tax plan, a plan on Earth should we increase access to that overwhelmingly benefits the an addictive gateway drug? for 1 minute and to revise and extend his remarks.) superrich and well-connected, and f Mr. ESPAILLAT. Mr. Speaker, I rise scams the middle class and our most REPUBLICAN TAX PLAN today to recognize a constituent of vulnerable Americans. ´ mine, Dr. Joachim Frank. Dr. Frank is But don’t just take it from me. Ac- (Mr. CARDENAS asked and was cording to the Institute on Taxation given permission to address the House a faculty member at Columbia Univer- sity who, earlier this month, along and Economic Policy, working families for 1 minute and to revise and extend in my home State of Ohio would see his remarks.) with his international research col- ´ leagues, was awarded the 2017 Nobel their taxes increase by $1,000 per year, Mr. CARDENAS. Mr. Speaker, I have while the wealthiest Americans, people grave concerns with the so-called tax Prize in Chemistry. Dr. Frank becomes the third con- like President Trump, would see their plan Republicans are peddling. It stituent from New York’s 13th Congres- taxes decrease by as much as $747,000, should be called the Republican tax sional District who has received this according to the Tax Policy Center. scam. Working Americans are being tremendous honor and crowning Not to be overshadowed, the Tax Pol- sold a bill of goods. Let me be crystal achievement from the Royal Swedish icy Center also concluded that nearly clear: this plan will not cut taxes for Academy of Sciences. Dr. Frank’s work 80 percent of the bill’s benefits pad the working middle class families. This is a and success is the foundation for sci- pockets of the wealthiest Americans. tax cut for Wall Street and a tax hike entists to explore and illuminate an al- At the same time, it eliminates the for Main Street. And what does your most unimaginable world that exists medical expenses deduction, student family get? More cuts to children’s much beyond what you and I can imag- loan deduction, and the new markets education, deep cuts to your ine. tax credit. That does not seem like fair healthcare, and deep cuts to lifesaving We will see new medicines, curative taxes to me. emergency services. therapies, and access to more informa- Instead of raising taxes on the middle Over 50 million taxpaying households tion than we have ever seen before: the class, what we should be doing is allow- will pay more taxes every April 15, due true product and potential of unrelent- ing for a better future, better opportu- to this tax scam. Let me repeat that ing intellectual curiosity. nities, better jobs, and better wages for another way. This tax scam gets rid of Mr. Speaker, it is my pleasure to all Americans. credits and deductions for the middle congratulate my constituent, Dr. f class and keeps loopholes for corpora- Joachim Frank, and his research part- tions to ship your jobs overseas. ners as the distinguished recipients of REMEMBERING THE LIFE AND Mr. Speaker, I am completely op- the 2017 Nobel Prize in Chemistry. CONTRIBUTIONS OF JUDGE ROB- posed to this tax scam that cuts taxes f ERT LEE BYRD, JR. for big corporations, and it forces big RECOGNIZING DIWALI AND HINDU (Mr. BYRNE asked and was given cuts to Medicare, education, and Social NEW YEAR permission to address the House for 1 Security. This tax scam is wrong. minute.) (Mr. FITZPATRICK asked and was f Mr. BYRNE. Mr. Speaker, I rise given permission to address the House SUPPORT VETERANS today to remember the life and con- for 1 minute and to revise and extend tributions of Judge Robert Lee Byrd, his remarks.) (Mr. THOMPSON asked and was Jr. Mr. FITZPATRICK. Mr. Speaker, I given permission to address the House Judge Byrd was born in Birmingham rise today to recognize Diwali, known for 1 minute and to revise and extend in 1932. He received his bachelor’s de- as the Festival of Lights, and to recog- his remarks.) gree from Vanderbilt University in Mr. THOMPSON of Pennsylvania. nize the Hindu New Year. The Hindu community comes to- 1954, before attending the University of Mr. Speaker, on Saturday, the Nation Alabama School of Law. celebrates Veterans Day. Originally gether wearing their finest clothing to celebrate this occasion. Families pre- He was in private practice in Mobile called Armistice Day, November 11, pare for Goddess Lakshmi’s arrival for over 20 years and was later ap- 1919, marked the end of World War I. weeks in advance by decorating their pointed circuit judge in Mobile County. In 1926, Congress passed a resolution porches with colorful designs, or Judge Byrd was a dedicated member of for an annual observance, and Novem- rangoli; preparing sweets and savories; the Mobile community. During my ber 11 became a national holiday in and lighting divos. On the night before time as an attorney in Mobile, I had 1938. In 1954, the holiday was renamed Diwali, they light divos, symbolically the privilege of practicing in his court Veterans Day. asking Bhagwan to expel their igno- where he conducted himself with im- Mr. Speaker, we all want to thank rance and enlighten their souls. Lights, mense dignity and professionalism. our veterans for their service to this candles, and fireworks are an integral Judge Byrd recently passed away, but Nation, and there is no better way to part of the festivities. his impact will live on. do so than to care for them when they I was honored to be able to attend Mr. Speaker, on behalf of the Ala- return home. That is why I encourage multiple celebrations at the BAPS bama’s First Congressional District, I my colleagues to support the Veterans mandirs in my district in Levittown, want to share my deepest sympathies E-Health and Telemedicine Support Warrington, and Souderton. As I trav- with his wife, Mary, and his three Act, or the VETS Act. eled from celebration to celebration, I daughters. Judge Byrd will never be This bill will be on the floor this got to share in the absolute joy of my forgotten. afternoon, and it will allow VA health constituents as they celebrated with f professionals to practice telemedicine friends and with family. I was moved to across State borders to care for more of be asked to participate in the lighting COMMUNICATION FROM THE America’s veterans. This Nation has ceremonies, and I was in awe of the CLERK OF THE HOUSE the technology available today to pro- beauty of the festivals. The SPEAKER pro tempore laid be- vide care for our veterans, no matter Mr. Speaker, I am proud to represent fore the House the following commu- where they reside. This bill upholds our a district that is so diverse and so rich nication from the Clerk of the House of promise to be there for our veterans. in its culture. Representatives:

VerDate Sep 11 2014 02:53 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.017 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8535 OFFICE OF THE CLERK, ordered on the bill and amendments thereto Through this legislation, we can help HOUSE OF REPRESENTATIVES, to final passage without intervening motion ease regulatory burdens and streamline Washington, DC, November 7, 2017. except one motion to recommit with or with- the permitting process by naming Hon. PAUL D. RYAN, out instructions. FERC as the lead agency for coordi- The Speaker, House of Representatives, SEC. 2. Upon adoption of this resolution it Washington, DC. shall be in order to consider in the House the nating all Federal authorizations. This DEAR MR. SPEAKER: Pursuant to the per- bill (H.R. 3441) to clarify the treatment of will result in balanced and more timely mission granted in Clause 2(h) of Rule II of two or more employers as joint employers decisionmaking and reduce the current the Rules of the U.S. House of Representa- under the National Labor Relations Act and duplicative oversight regime. tives, the Clerk received the following mes- the Fair Labor Standards Act of 1938. All So how does this benefit the average sage from the Secretary of the Senate on No- points of order against consideration of the American? vember 7, 2017, at 9:47 a.m.: bill are waived. The amendment in the na- Well, having a reliable power source That the Senate passed with an amend- ture of a substitute recommended by the Committee on Education and the Workforce is essential to the world today. ment H.R. 1370. Even more, this legislation also has That the Senate passed without amend- now printed in the bill shall be considered as ment H.R. 3031. adopted. The bill, as amended, shall be con- the potential to lower energy costs and With best wishes, I am sidered as read. All points of order against create good-paying jobs. By doing so, Sincerely, provisions in the bill, as amended, are we can help Americans put away and KAREN L. HAAS. waived. The previous question shall be con- keep more of their hard-earned money. sidered as ordered on the bill, as amended, Currently, the hydropower industry f and on any further amendment thereto, to final passage without intervening motion ex- employs a workforce of approximately PROVIDING FOR CONSIDERATION 143,000 people, and that number would OF H.R. 3043, HYDROPOWER POL- cept: (1) one hour of debate equally divided and controlled by the chair and ranking mi- certainly rise under this legislation as ICY MODERNIZATION ACT OF nority member of the Committee on Edu- we unlock our full potential. 2017, AND PROVIDING FOR CON- cation and the Workforce; and (2) one motion Now, some of my colleagues have ex- SIDERATION OF H.R. 3441, SAVE to recommit with or without instructions. pressed concerns that this legislation LOCAL BUSINESS ACT The SPEAKER pro tempore. The gen- could hurt the environment, so I want Mr. BYRNE. Mr. Speaker, by direc- tleman from Alabama is recognized for to address that. tion of the Committee on Rules, I call 1 hour. First, hydropower is an entirely up House Resolution 607 and ask for its Mr. BYRNE. Mr. Speaker, for the clean source of renewable energy. In- immediate consideration. purpose of debate only, I yield the cus- creasing hydropower production actu- The Clerk read the resolution, as fol- tomary 30 minutes to the gentleman ally helps protect the environment and lows: from Massachusetts (Mr. MCGOVERN), promote better public health. pending which I yield myself such time H. RES. 607 Second, the legislation makes clear as I may consume. During consider- that these permitting reforms should Resolved, That at any time after adoption ation of this resolution, all time yield- of this resolution the Speaker may, pursuant have no effect on this Clean Water Act, to clause 2(b) of rule XVIII, declare the ed is for the purpose of debate only. the Fish and Wildlife Coordination Act, House resolved into the Committee of the GENERAL LEAVE the Endangered Species Act, the Rivers Whole House on the for Mr. BYRNE. Mr. Speaker, I ask and Harbors Act, and the National His- consideration of the bill (H.R. 3043) to mod- unanimous consent that all Members toric Preservation Act. Those laws and ernize hydropower policy, and for other pur- have 5 legislative days to revise and ex- their protections will remain in place. poses. The first reading of the bill shall be tend their remarks. This is simply about promoting a re- dispensed with. All points of order against The SPEAKER pro tempore. Is there consideration of the bill are waived. General liable power source, lowering energy objection to the request of the gen- costs, creating jobs, and unlocking the debate shall be confined to the bill and shall tleman from Alabama? not exceed one hour equally divided and con- full potential of an all-of-the-above en- trolled by the chair and ranking minority There was no objection. ergy strategy. member of the Committee on Energy and Mr. BYRNE. Mr. Speaker, House Res- Mr. Speaker, I will also note that Commerce. After general debate the bill olution 607 provides for consideration this rule will provide for consideration shall be considered for amendment under the of H.R. 3043, the Hydropower Policy of four amendments to H.R. 3043, in- five-minute rule. It shall be in order to con- Modernization Act of 2017, and H.R. cluding one minority and one bipar- sider as an original bill for the purpose of 3441, the Save Local Business Act. tisan amendment. amendment under the five-minute rule the H.R. 3043 would modernize Federal The other bill covered by the rule is amendment in the nature of a substitute rec- regulatory permitting processes for the H.R. 3441, the Save Local Business Act. ommended by the Committee on Energy and licensing of hydropower projects. Spe- As the sponsor of this legislation, I am Commerce now printed in the bill. The com- cifically, the bill would designate the mittee amendment in the nature of a sub- thrilled to see this body taking action Federal Energy Regulatory Commis- stitute shall be considered as read. All points to protect millions of jobs and provide sion, or FERC, as the lead agency for of order against the committee amendment clarity to America’s workers. in the nature of a substitute are waived. No these projects. I am a proud supporter of an all-of- Jesus said that no man can serve two amendment to the committee amendment in masters, and there is real wisdom be- the nature of a substitute shall be in order the-above energy strategy that allows except those printed in the report of the for not only American energy inde- hind what He said as there is wisdom Committee on Rules accompanying this res- pendence, but for American energy behind everything He said. His teach- olution. Each such amendment may be of- dominance. ings are important every day, but that fered only in the order printed in the report, basic principle seems particularly im- may be offered only by a Member designated b 1230 portant in the context of this legisla- in the report, shall be considered as read, Hydropower should be a part of that tion. shall be debatable for the time specified in strategy. In the Pacific Northwest es- For decades, there was a common- the report equally divided and controlled by pecially, hydropower is a clean and re- sense legal test that determined when the proponent and an opponent, shall not be two or more separate businesses could subject to amendment, and shall not be sub- liable energy source that is particu- ject to a demand for division of the question larly abundant. There is remarkable be considered joint employers and held in the House or in the Committee of the potential for the hydropower industry jointly responsible for the same group Whole. All points of order against such in this region and around the United of employees. Employers had to share amendments are waived. At the conclusion States. direct and immediate control over es- of consideration of the bill for amendment In 2015, hydropower accounted for ap- sential terms and conditions of em- the Committee shall rise and report the bill proximately 6 percent of total U.S. ployment. As a former labor and em- to the House with such amendments as may electricity generation and 46 percent of ployment attorney who practiced in have been adopted. Any Member may de- electricity generation from renewable this area for decades, I can assure you mand a separate vote in the House on any amendment adopted in the Committee of the sources. However, less than 3 percent of this was the standard that everyone Whole to the bill or to the committee dams in the U.S. produce electricity. knew and appreciated. amendment in the nature of a substitute. That shows just how great the poten- Well, in 2015, the activist National The previous question shall be considered as tial is here. Labor Relations Board issued a ruling

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.005 H07NOPT1 H8536 CONGRESSIONAL RECORD — HOUSE November 7, 2017 in Browning-Ferris Industries that up- biguity that no one really knows what agencies instead of hiring them di- ended this cornerstone of Federal labor the law is. There are at least nine dif- rectly, and allows them to evade re- law and created a vague and totally un- ferent legal tests nationwide to deter- sponsibility for upholding the rights of workable new joint employer policy. mine joint employer status under the those employees, even though they Making matters even worse and more Fair Labor Standards Act, and there profit from their work. complicated, Federal agencies then in- are more to come. This bill is not about helping workers corporated the new standard in their This patchwork of standards creates or small businesses. This is all about regulatory agenda. Under this new regulatory uncertainty, especially for giving powerful companies even more standard, two independent businesses job creators doing businesses in mul- power over their employees. could be considered joint employers if tiple States. Ultimately, this legisla- But, Mr. Speaker, what is just as they make a business agreement that tion is about providing clarity to work- troubling as the content of the under- ‘‘indirectly’’ or ‘‘potentially’’ impacts ers and job creators. It is about pro- lying bills is the process Speaker RYAN their employees. Under some of these tecting the rights of workers and en- and his Republican leadership team standards, you can actually be reserved suring employers have clarity on their routinely use to call up this terrible power. responsibilities to their employees, and legislation. Just think about the uncertainty and it is about preserving the small busi- Today we are considering the 49th ambiguity this standard could cause. It nesses that are the backbone of our completely closed rule of the 115th is hard enough for people to even agree local communities. Congress. That is right. Today House on what exactly those terms mean. Mr. Speaker, I urge my colleagues to Republicans are breaking their own Imagine how confusing it is for Main support House Resolution 607 and the record for the most closed session of Street businesses to understand and underlying bills, and I reserve the bal- Congress in history. It is astounding. follow that. ance of my time. This is something you would celebrate This is not some abstract issue. In Mr. MCGOVERN. Mr. Speaker, I in Putin’s Russia, not here in the fact, I have been hearing and talking thank the gentleman from Alabama United States. with job creators and workers in my (Mr. BYRNE) for yielding me the cus- Since he first took the gavel in 2015, district about this for years. I have sat tomary 30 minutes, and I yield myself Speaker RYAN has continue to shame- around the restaurant tables and heard such time as I may consume. lessly break his promise to allow a fair real stories and concerns. (Mr. MCGOVERN asked and was and open legislative process here in Bob Omainsky, the owner of given permission to revise and extend this House. Wintzell’s Oyster House in my home his remarks.) In Speaker RYAN’s first speech as district, had this to say about the con- Mr. MCGOVERN. Mr. Speaker, I rise Speaker in October of 2015, he said: fusion caused by the new joint-em- in strong opposition to this rule, which ‘‘We need to let every Member con- ployer standard: ‘‘If we hire an outside provides for consideration of two deep- tribute. . . . Open up the process. Let landscaping company to keep our ly flawed pieces of legislation. people participate. A neglected minor- lawns lush, I could be considered a H.R. 3043, the Hydropower Policy ity will gum up the works. A respected joint employer if I show the Modernization Act of 2017, is yet an- minority will work in good faith. In- landscapers where to mow. Or, if I con- other attempt by this Republican ma- stead of trying to stop the majority, tract a food supplier for certain ingre- jority to prioritize corporate profits they might try to become the major- dients, I could become part of a lawsuit over ensuring people have access to ity.’’ if one of their workers complains about safe and clean drinking water. Speaker RYAN and I disagree on a overtime pay. The uncertainty is noth- This bill would not only threaten our great many issues, but I strongly agree ing more than governmental overreach clean water, it would also undermine with what he said in that 2015 speech. that is crippling eateries like States’ rights and Tribal rights by We do need to let every Member con- Wintzell’s and discouraging growth prioritizing power generation above all tribute and open up the process here in throughout the restaurant industry.’’ This story and example is not unique else when deciding whether to grant or the House. We do need the majority to my district. These stories exist all extend a license to operate a hydro- party to respect the minority party so over the country from Seattle, Wash- power project. we can actually work together on bi- ington, to Miami, Florida; and we Simply put, this bill puts profits partisan solutions. heard a whole bunch of them in the ahead of the public interest. By giving But in the 2 years since Speaker hearings that we held in committee. a rubber stamp commission more RYAN took the gavel, he has, sadly, This is why this bill has earned support power than other expert agencies, the failed to deliver on his commitment to from both sides of the aisle. This is not bill rigs the process in favor of power open up the legislative process. Things a partisan issue, but instead this is producers at the expense of States, have only gotten worse. In fact, Speak- about protecting jobs and providing Tribes, and our environment. er RYAN is the only Speaker who has clarity to workers. This bill prioritizes profits over clean not allowed a truly open rule to give Workers shouldn’t have to wonder water and healthy fisheries and should Members the opportunity and the who their employer is. They deserve be strongly defeated. Protecting our chance to do what their constituents better than a vague and confusing rule families and our environment should sent them here to do and to offer dif- that the American Action Forum found always be our first priority. ferent perspectives and ideas on how to threatens 1.7 million jobs. Even the In another giveaway to corporate in- improve legislation. Progressive Policy Institute issued a terests, House Republicans are also With each new closed rule they bring statement saying the expanded stand- bringing to the floor this week H.R. to the floor, shutting out amendments ard ‘‘may do more harm than good.’’ 3441, the so-called Save Local Business from both Democrats and Republicans, I also want to make one thing per- Act, under the false claim that it the cynical hypocrisy grows louder and fectly clear: this legislation does not eliminates uncertainty for workers and louder. Instead of the people’s House, remove a single worker protection. All protects small businesses. this has, sadly, become ‘‘only the peo- worker protections provided by the Na- The truth is a very different story, ple who agree with ’s tional Labor Relations Act, the Fair Mr. Speaker. Joint employment stand- House.’’ Labor Standards Act, and the Equal ards ensure workers can hold employ- I guess my question for the Speaker Pay Act remain unchanged and are ers accountable for violating wage and would be: Did you mean any of what still available. hour laws, child labor, or refusing to you said? Did you forget all those I also want to dispel the myth that collectively bargain. This bill rep- promises you made? Or did you have this legislation is some departure from resents a significant and dangerous absolutely no intention of keeping the norm. In fact, this legislation sim- break from that standard and would those promises once you were in ply restores the agreed-upon legal undermine the rights of American power?’’ standard that existed for decades. workers. Every single Member of this House of The reality is that the new standard This legislation rewards companies Representatives was elected to rep- has created so much confusion and am- that rent employees from staffing resent the people of their district, but

VerDate Sep 11 2014 00:23 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.022 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8537 we cannot do that if the party in the The Speaker may grant promises of mittee to watch our committee listen- majority blatantly uses strong-arm openness, inclusiveness, and regular ing to all Members. tactics like these that prevent us from order, but we just lived through the We are also committed to moving the doing our jobs. most closed year in the history of this majority’s progrowth agenda forward. In 2015, Speaker RYAN also said: ‘‘We institution, and the year isn’t even As a result of our efforts, we have had need to return to regular order. We are over yet, Mr. Speaker. a record of success in this House. To the body closest to the people. Every 2 Republicans ought to remember that date, we have passed almost 400 bills years, we face the voters. . . . We rep- they will not always be in the major- out of the House. resent them. We are supposed to study ity. I don’t think a Democratic major- This further underscores that the up and do the homework that they can- ity could be this bad on basic process, House is here to work, we are here to not do. So when we do not follow reg- even if we tried. But any Member who serve, and we are here to get results. ular order—when we rush to pass bills votes for this record-breaking closed But the proof is in the facts. John a lot of us do not understand—we are rule today had better not have croco- Adams said: ‘‘Facts are stubborn not doing our job. Only a fully func- dile tears for regular order and open- things.’’ tioning House can truly represent the ness when they find themselves in the As of November 7 of this year, in just people.’’ minority some day in the future. Any- the first session of this Congress, we Where do I begin? one who supports 49 closed rules and have provided for the consideration of Literally just a few months ago, zero open rules in a single year loses 864 amendments on the House floor. Speaker RYAN and the Republican lead- all credibility on the issue of openness. Under Speaker PELOSI, during the en- ers of this House were recklessly My Republican friends should be tirety of the 111th Congress, both ses- steamrolling their healthcare bill to ashamed—ashamed—of diminishing sions, she had only made in order 778. the House floor without holding any- this House and diminishing its Mem- You tell me who has an open House and thing close to the number of hearings bers and their thoughtful ideas. I urge who had a closed House. that we held when the Affordable Care Democrats and Republicans to take a There is no shame on this side at all. Act was passed. stand and vote ‘‘no’’ on this closed There is great pride in the work we are Instead, they led a haphazard process rule. doing for the American people, and we where the bill was drafted in secret be- Mr. Speaker, I reserve the balance of are not going to let anyone get in the hind closed doors—locked doors—with- my time. way of our making sure that we fulfill out any input from rank and file Mem- Mr. BYRNE. Mr. Speaker, I yield my- the promises we made. self such time as I may consume. bers of Congress and the American peo- Mr. Speaker, I yield 5 minutes to the Mr. Speaker, I am extremely proud of ple. Mr. Speaker, that is not regular gentleman from Washington (Mr. the work that the Rules Committee order. That is unconscionable. That NEWHOUSE), a distinguished member of has done this year and of the leader- disrespects this House. the Rules Committee. ship in this Congress and how we have Today, when asked by a reporter Mr. NEWHOUSE. Mr. Speaker, first, I about this record-breaking closed proc- handled legislation. Unlike our Democratic colleagues want to thank my friend, the gen- ess, Speaker RYAN responded: ‘‘Abso- tleman from Alabama, for letting me lutely we have an open process.’’ who would shut the doors and refuse to accept late amendments from Mem- participate in this very important de- Really? bate today. Let’s review his record this Congress: bers, the chairman of our committee Mr. Speaker, I rise in support of the Zero open rules—zero. Forty-nine com- has made it a point to ensure every sin- rule, but specifically to voice my very pletely closed rules. gle Member has the opportunity to sub- strong support for one of the bills of Open process? mit their amendments and come to the the underlying legislation. That would Open process my foot, Mr. Speaker. committee to share their thoughts and be H.R. 3043, which is the Hydropower I guess in the age of , concerns. Policy Modernization Act of 2017. words simply don’t matter anymore. Under this model of transparency and This legislation, which is sponsored Black is white, up is down, open is openness, the committee has spent and spearheaded by my good friend and closed, and politicians can say what- countless hours listening and consid- fellow Washingtonian, Representative ever they think sounds good and they ering Member testimony. In fact, we CATHY MCMORRIS RODGERS, will im- think they can get away with it—facts have welcomed over 330 Members to prove the licensing process for U.S. hy- be damned. testify, this Congress alone, before the dropower resources by promoting ac- If Speaker RYAN were serious about a Rules Committee. We have made in countability as well as transparency, fair and open process, he would not order 864 amendments, including 403 by requiring greater cooperation turn this House into a rubber stamp for from Democrats, 341 from Republicans, among Federal and State agencies, as Donald Trump. He would let us be the and 120 bipartisan amendments. well as by reducing needless duplica- independent voice the people of our dis- Unfortunately, our friends across the tion of efforts. tricts elected us to be. He would not aisle have become more interested in routinely shut out the voices of Demo- derailing legislation than actually im- Mr. Speaker, I am a strong, steadfast crats and Republicans. He would let proving legislation. For example, supporter of hydropower—I admit this House actually debate the serious Democrats politicized an open appro- that—which, as America’s first renew- legislation and issues that come before priations process by offering poison pill able electricity source, has provided us. amendments meant to kill legislation our country with low-cost, clean, reli- they had no intention of supporting, able energy for over a century. In my b 1245 regardless of the outcome. own home State of Washington, nearly With one closed rule after another on These tactics have fundamentally 70 percent of our energy is derived from each bill that comes to the floor, changed the way we do business. In- hydropower. Speaker RYAN has completely shut out stead of offering thoughtful ideas in- While there are still some misguided, both Democrats and rank-and-file Re- tended to shape a measure, their dila- extreme efforts to breach our dams and publicans, routinely blocking amend- tory tactics are for one purpose and remove these critical sources of elec- ments we offer. one purpose only: to score political tric generation, I believe we need to in- This is not how the Congress is sup- points. crease our use of clean and renewable posed to work. Our constituents de- The Rules Committee will not let resources. By passing the Hydropower serve a Congress that actually debates these political games get in the way of Policy Modernization Act, we can take the bills that will affect their lives. fulfilling the promises we made to the a very major step in doing just that. They deserve better. American people who elected this ma- Mr. Speaker, FERC, or the Federal I refuse to sit by while the Repub- jority. That is why the chairman of our Energy Regulatory Commission, serves lican leadership makes a mockery of committee has made it a priority to as the lead agency to coordinate hydro- this House. American voices will not be listen to all Members. I would ask all power reviews and convene stake- silenced. of you who come to the Rules Com- holders to participate in collaborative,

VerDate Sep 11 2014 01:12 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.023 H07NOPT1 H8538 CONGRESSIONAL RECORD — HOUSE November 7, 2017 transparent public proceedings. How- You blocked 260 Republican amend- For people watching, Mr. Speaker, ever, FERC lacks the authority to im- ments and 121 bipartisan amendments. understand that when a franchisor, the prove the hydropower licensing proc- Blocking these amendments has a big headquarters, tells a franchisee, ess, including the ability to resolve dis- very real impact. A bad process pro- ‘‘You have got to do every single thing putes among agencies and enforce duces bad policy. Shutting out input we tell you. You basically work for us. scheduling deadlines. from the vast majority of Members, We are going to tell you the size of the Far too often, it is those Federal and both Democrats and Republicans, may sandwich. We are going to tell you the State agencies, as well as other bureau- make it easier for you to jam your kind of oil to use. We are going to tell cratic bodies, that stand in the way of agenda through the House, but that you how to schedule your workers. We moving these licensing efforts forward. speed comes at the expense of the pol- are going to, basically, control your In fact, in response to a House Energy icy itself. enterprise, though you are supposed to and Commerce Committee’s sub- When you block amendments, you be an independent business,’’ the committee hearing, FERC reported are shutting down debate on incredibly Obama administration said, ‘‘We are that there are 26 separate cases where important issues, issues that this going to treat you as if you are joint the Commission has finished its envi- House of Representatives should be de- employers.’’ So if there is wage theft or ronmental review and is currently bating and voting on. there is unfairness on the job or some waiting for action to be completed by Here are a few examples of germane problem that comes up with workers, another agency before FERC can issue amendments that the majority didn’t then the big company, the head- a decision on any particular project. think were worthy of a debate and an quarters, will also be held responsible Mr. Speaker, the licensing process for up-or-down vote in the House. These for solving the problem. these projects should not be taking 10 were totally in order. What the Republicans do today, Mr. years or more. Natural gas-fired facili- There is my bipartisan amendment Speaker, is say: ‘‘No, we might impose ties and other carbon-based energy to require a Presidential determination all these conditions on you per the sources are being approved in consider- and congressional action to increase franchisee agreement, but, if there are ably less time. Meanwhile, less than 3 troop levels in Afghanistan. With the problems, it is going to be your prob- percent of the dams in this country longest war in American history, I lem, franchisee.’’ produce electricity. thought maybe it was worth some de- This is absolutely unfair. As workers I will continue to support efforts to bate, but the Rules Committee said no are going all over this country trying increase hydropower generation that to that. to get higher wages, this is a whole will provide our country with reliable, Also, a bipartisan amendment to movement for them to get livable wage stable, and clean energy. We can usher phase out the 2001 Authorization for for people who work every single day in a new era of U.S. energy independ- Use of Military Force, they blocked at our fast-food chains. They are going ence derived from our very first renew- that. to their local franchisee owners to ask able energy source by streamlining Also, an amendment to ensure that for those wages. these processes. the U.S. doesn’t withdraw from the But if the franchisor says: ‘‘You can’t I urge all of my colleagues to support Paris climate agreement—I know my pay any more than this. We are going this rule and, particularly, its under- Republican friends think climate to restrict you in multiple number of lying legislation, H.R. 3043, the Hydro- change is a hoax. They don’t believe in ways. We are going to make you sell power Policy Modernization Act of science. But, you know what? You food items at a cost that you can’t 2017. ought to have the guts to debate it. even sustain, like the dollar menu’’— Mr. MCGOVERN. Mr. Speaker, I yield But you blocked it. those things cost more than a dollar, myself such time as I may consume. You blocked an amendment for fund- folks. But if the big headquarters says Mr. Speaker, I thought I had heard ing for troops in Syria. you have got to charge a dollar as a everything. The gentleman from Ala- You blocked an amendment to create promotion, then the franchisee has to bama got up and said how proud he is the National Russian Threat Response eat that. of the Rules Committee and of the Center. But when workers need more money, process in this House. Oh, my God. The The list goes on and on and on. the big company makes that impos- fact that the gentleman would get up These aren’t killer amendments. sible, and then workers are left holding and say that with a straight face, you These are important issues that get the bag along with the franchisee. take my breath away. It is unbeliev- blocked time and time again. These able. issues are at the very core of our re- The joint-employer rule, holding Today, we are considering our 49th sponsibilities here in Congress, and you both sides responsible for those wage closed rule of the 115th Congress, offi- blocked them from even being consid- thefts to pay for hours, these things cially making this the most closed ses- ered by the full House. make a more fair process and require sion in Congress in history, and the In this Congress, the majority has the big headquarters to take responsi- gentleman is proud of that. blocked over 1,300 amendments from bility as well. More than half of the rules Repub- coming to the floor. You are proud of I urge a ‘‘no’’ vote on this. This is an licans have reported out of the Rules that? That is disgraceful. antiworker bill. This is an anti-small Committee have not allowed any I truly hope that breaking the closed business bill, which is somewhat sur- amendments. That means that no rule record is a wake-up call and that prising to me, given that my friends on Member, Democrat or Republican, can some of you over there will decide to the other side of the aisle say they are offer their ideas on the House floor. do things a little bit differently around for small business, but, really, they are The gentleman says: Well, we want here and a little bit better around here, just for big business. If you have any to prevent killer amendments from starting next week with your tax bill, doubts about that, all you have got to being made in order. So all the Repub- but I am not going to hold by breath. do is look at this tax bill they are put- licans that offer amendments to the Mr. Speaker, I yield 2 minutes to the ting out there. Rules Committee have killer amend- gentleman from Minnesota (Mr. ELLI- Mr. BYRNE. Mr. Speaker, I yield my- ments? It is ridiculous to say that SON). self such time as I may consume. about the Democratic amendments. The SPEAKER pro tempore. The Mr. Speaker, when I was giving the In total, just so the gentleman under- Chair would request that all Members statistics earlier, I left one very impor- stands this, in total, the Rules Com- direct their remarks to the Chair. tant one out. I can’t believe I forgot mittee has blocked more than 1,300 Mr. ELLISON. Mr. Speaker, I urge this. amendments this year. That is 1,300. Members to vote ‘‘no’’ on the Repub- Of the almost 400 bills we passed in They are all killer amendments? They lican effort to roll back the joint-em- this House this year, 80 percent of are all not deserving of a debate in the ployer rule that the Obama administra- them have been bipartisan. So this people’s House? tion promulgated. This joint-employer record production of bills we have had They blocked 1,300 amendments, in- rule is an attack on workers, and it is in the House this year has benefited cluding 955 Democratic amendments. an attack on franchisee businesses. both sides of the aisle as we have

VerDate Sep 11 2014 01:12 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.026 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8539 worked together to come up with com- This bill, Mr. Speaker, provides clar- lous companies that seek to thrive monsense policies for the American ity for small and local businesses as to solely at the expense of the workers people. what it means to be a joint employer, and taxpayer-funded social safety net b 1300 restoring necessary clarity for employ- programs. ers and employees alike. SIGNATORY WALL AND I am very proud of that work and I strongly encourage all of my col- CEILING CONTRACTORS ALLIANCE, that progress we have made in this leagues on both sides of the aisle to Saint Paul, MN, October 5, 2017. House. The gentleman from Minnesota support this bipartisan bill helping Hon. PAUL RYAN, acted as if this bill, the Save Local small businesses all across the Nation, Speaker of the House, House of Representatives, Business Act, is something to benefit and I congratulate the Congressman Washington, DC. big companies, but let me tell you who Hon. , from Alabama for proposing this bill. Minority Leader, House of Representatives, I, and virtually all of us who are sup- Mr. MCGOVERN. Mr. Speaker, I yield porting this bill, have heard from: Washington, DC. to the gentleman from Minnesota (Mr. DEAR MR. SPEAKER AND LEADER PELOSI: I small businesses in our districts that ELLISON) for a unanimous consent re- am writing on behalf of the Signatory Wall are begging us to pass this bill. quest. and Ceiling Contractors Alliance (SWACCA) I have had dozens of meetings in my Mr. ELLISON. Mr. Speaker, I include to express our strong opposition to H.R. 3441, own district. I know of hundreds of in the RECORD this letter from United the ‘‘Save Local Business Act.’’ This legisla- meetings that have been held across Steelworkers urging a ‘‘no’’ vote on the tion will not benefit honest small businesses that create good jobs with family-sustaining the country between Members of this joint employer bill. House on both sides of the aisle and wages and benefits. It will actually place small businesses in their districts that UNITED STEELWORKERS, such employers at a permanent competitive Pittsburgh, PA, November 1, 2017. disadvantage to unscrupulous companies say: Please pass this bill. House of Representatives, This isn’t for the big businesses in that seek to thrive solely at the expense of Washington, DC. their workers and taxpayer-funded social America. This is for the small, Main DEAR REPRESENTATIVE: On behalf of the safety-net programs. Street businesses in our communities 850,000 members of the United Steelworkers SWACCA is a national alliance of wall and and for the people who work there. (USW), I strongly urge you to oppose H.R. ceiling contractors committed to working in At this time, Mr. Speaker, I yield 2 3441, the ludicrously named ‘‘Save Local partnership with our workers and our cus- minutes to the gentleman from South Business Act’’. The bill has virtually nothing tomers to provide the highest-quality, most Carolina (Mr. NORMAN), one of the new- to do with small businesses but will greatly efficient construction services. Through the est Members of the House who has al- restrict the definition of employer under the superior training, skill, and efficiency of our Fair Labor Standards Act (FLSA). workers SWACCA contractors are able to ready made a distinguished mark here. Targeting a National Labor Relations Mr. NORMAN. Mr. Speaker, I rise provide both cost-effective construction Board decision, Browning-Ferris Industries, services and middle class jobs with health today in adamant support of the rule H.R. 3441 is not only drafted to repeal a deci- and retirement benefits. Our organization and, in particular, of H.R. 3441, the sion where the employer tried to avoid col- prides itself on representing companies that Save Local Business Act. lective bargaining responsibilities through accept responsibility for paying fair wages, Let me say for my good friend from subcontracting, but radically changes the abiding by health and safety standards, Massachusetts, you know, the amend- Fair Labor Standards Act. Currently, under workers compensation laws, and unemploy- ments that he is referring to that have the FLSA, employers cannot hide behind ment insurance requirements. been rejected, they have been rejected labor contractors or franchisees when they Unfortunately, however, we increasingly set conditions of employment. H.R. 3441 because they are against small busi- find ourselves bidding against companies strips nearly a century of workforce protec- that seek to compete solely on the basis of ness and they are for Big Government, tions to give large employers almost unfet- labor costs. They do so by relieving them- which American voters have rejected tered ability to hide from long established selves of the traditional obligations associ- and will continue to reject. employer responsibilities. ated with being an employer. The news is lit- It may be cliche´ to say that small The rise in temporary or precarious work tered with examples of contractors who have and local businesses are the backbone in the United States is fast becoming an un- sought to reduce costs by willfully violating of our economy, but, at the end of the fortunate norm in the economy. A recent the laws governing minimum wage, over- day, there is no denying that state- study on the rise of temporary employment time, workers compensation unemployment ment. Small businesses truly are the found the proportion of American workers insurance, and workplace safety protections. engaged in ‘‘alternative work’’ jumped from engine that keep our economy moving, The key to this disturbing business model is 10.7% to 15.8% in the last decade. When in a cadre of labor brokers who claim to provide and when they suffer, our whole econ- the last decade 94% of net job growth is in a company with an entire workforce that fol- omy suffers. the alternative work category, workers con- lows them to job after job. It is a workforce Just take the last 8 years with the tinuously find themselves unable to seek that the actual wall or ceiling contractor minimal growth that we have had. remedy for their grievances or an ability to controls as a practical matter, but for which Since 2015, when the National Labor collectively hold their ultimate employer ac- it takes no legal responsibility. In this model Relations Board adopted an expanded countable. H.R. 3441 will accelerate the workers receive no benefits, are rarely cov- definition of the joint employers stand- growth of job-instability as employers will ered by workers compensation or unemploy- be able to manipulate the system to avoid ment insurance, and are frequently not paid ard, upending decades of precedent and collective bargaining by hiring temporary redefining who an employer is, there in compliance with federal and state wage employees or contractor employees. laws. The joint employment doctrine is an has been much confusion and ambi- Congress’ responsibility to American work- important means for forcing these unscrupu- guity. For example, since then, there ers in this time of rising income inequality lous contractors to compete on a level play- have been over 65,000 letters sent to and precarious work must be to improve ac- ing field and to be held accountable for the Congress expressing confusion and ask- cess to collective bargaining and stop em- unlawful treatment of the workers they uti- ing for clarity in the aftermath of this ployer circumvention of U.S. labor laws, not lize. rule. to weaken them. H.R. 3441 strips workers of As an association representing large, me- This is unacceptable. Locally owned another tool to hold their employers ac- dium, and small businesses, we oppose H.R. countable. A vote for this legislation is a franchises are America’s unseen small 3441 because it proposes a radical, unprece- vote against working people and the right to dented re-definition of joint employment businesses, and in my district alone, democratic representation in the workplace. under both the FLSA and the NLRA that the Fifth District of South Carolina, I urge you to vote no on H.R. 3441. goes far beyond reversing the standard ar- there are roughly 2,000 establishments Sincerely, ticulated by the NLRB in Browning-Ferris or that provide over 15,000 jobs with an LEO W. GERARD, retuning to any concept of joint employment economic output of over $1 billion. International President. that has ever existed under the FLSA since Small business development, eco- Mr. MCGOVERN. Mr. Speaker, I in- the Act’s passage. H.R. 3441’s radical and un- nomic growth, and entrepreneurs will clude in the RECORD a letter from the precedented redefinition of joint employ- continue to be hurt by the National Signatory Wall and Ceiling Contractors ment would proliferate the use of fly-by- Labor Relations Board’s excessive Alliance, which says that this legisla- night labor brokers by ensuring that no con- tractor using a workforce provided by a broad definition of the term ‘‘joint em- tion would not benefit small businesses labor broker would ever be deemed a joint ployer.’’ Until Congress finds a con- that create good jobs. It actually would employer. This is because the bill precludes crete solution with this piece of legis- place such employers at a permanent a finding of joint employment unless a com- lation, it will continue to do so. competitive disadvantage to unscrupu- pany controls each ‘‘of the essential terms

VerDate Sep 11 2014 01:12 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.027 H07NOPT1 H8540 CONGRESSIONAL RECORD — HOUSE November 7, 2017 and conditions of employment (including friends on the Republican side on the we have good ideas as well. And if you hiring employees, discharging employee, de- Rules Committee blocked under the want bipartisanship, true bipartisan- termining individual employee rates of pay closed and structured rules. They ship, and you want to end the polariza- and benefits, day-to-day supervision of em- ployees, assigning individual work schedules, blocked an amendment to prohibit the tion, open the process a little bit. That positions and tasks, and administering em- repeal of DACA. would be helpful. ployee discipline)’’. H.R. 3441 goes further by You know, I mean, 800,000 people’s Mr. Speaker, I reserve the balance of expressly countenancing a company using lives now are in the balance because of my time. labor brokers retaining control of the essen- Donald Trump rescinding the protec- Mr. BYRNE. Mr. Speaker, I yield my- tial aspects of the workers’ employment in a tion for these DREAMers, and he said: self such time as I may consume. ‘‘limited and routine manner’’ without fac- Congress, you do it. You fix it. Mr. Speaker, I am very pleased and ing any risk of being a joint employer. Well, we tried to bring an amend- very proud of the bipartisanship that Simply put, H.R. 3441 would create a stand- we have had in this House this year to ard that would surely accelerate a race to ment to the floor to have a debate and the bottom in the construction industry and fix it, and if my Republican friends pass all these bills. Let me note just many other sectors of the economy. It would don’t want to vote for it, they can vote two very substantive bills, one last further tilt the field of competition against ‘‘no.’’ But they blocked it. They week and one today. honest, ethical businesses. Any concerns blocked an amendment to bar funds Last week, we passed a bill that got about the prior administration’s recently-re- from being spent on this stupid, idiotic rid of this IPAB group that is going to scinded interpretative guidance on joint em- take money, is proposed to take money ployment under the FLSA or the NLRB’s wall that the President seems enam- ored with along our border. They out of Medicare. It was cosponsored by joint employment doctrine enunciated in 45 Democrats, and dozens and dozens of Browning-Ferris can be addressed in a far blocked an amendment to increase more responsible manner. Make no mistake, funding to fight rural domestic vio- Democrats voted for it on the floor last H.R. 3441 does not return the law to any lence and child abuse. They blocked week. Today, this Save Local Business prior precedents or standards. It creates a several amendments to ensure the Act is bipartisan in its sponsorship radical, new standard. This standard will and, I predict, on the vote of the floor doesn’t profit off the help unethical employers get rich not be cre- today. Presidency, and we all know that they ating more value, but instead by ensuring Now, how important is that? Let me their ability to treat American workers as a are, but we can’t even have that de- read to you just a few of the organiza- permanent pool of low-wage, subcontracted bate. tions that support this bill: the Amer- labor that has neither benefits nor any They blocked an amendment to pro- ican Hotel and Lodging Association, meaningful recourse against them under our tect asylum seekers and human traf- the Asian American Hotel Owners As- nation’s labor and employment laws. ficking victims, and they blocked an On behalf of the membership of SWACCA, sociation, Associated Builders and Con- thank you in advance for your attention to amendment to ensure victims of incest tractors, Associated General Contrac- our concerns about this legislation. Please can have access to abortion care. I can tors, the U.S. Chamber of Commerce, do not hesitate to contact me if you have go on and on and on. I mean, they the Coalition for a Democratic Work- any questions or require additional informa- blocked Congressman GROTHMAN’s place, the Coalition to Save Local tion. budget amendment twice. He is a Re- Sincerely, Businesses, The Latino Coalition, Na- publican. It was germane. He even tes- tional Association of Home Builders, TIMOTHY J. WIES, tified before the Rules Committee, but President. National Association of Manufacturers, you blocked it. National Council of Chain Restaurants, Mr. MCGOVERN. Mr. Speaker, I yield Last week, you blocked Representa- myself such time as I may consume. National Retail Federation, U.S. Trav- tive JIMMY DUNCAN’s amendment to el Association, the Capital Research Mr. Speaker, I want to go back to allow doctors to practice medicine out this point I have been making about Center, Generation Opportunity, Herit- of State on a volunteer basis. Germane. age Action for America, Hispanic Lead- how this is now officially the most It may be a good idea. It deserves to be closed Congress in history, and I think ership Fund, the Independent Women’s debated. You blocked it. people need to keep that in mind before Institute for Liberty, the James Madi- Is that a poison pill? Is that what the son Institute, the National Taxpayers they vote for this rule. gentleman was referring to? You know, But the gentleman from Alabama, Union, the Tea Party Nation, Food process matters, and it matters for this again—I guess in this age of Trump, I Marketing Institute, National reason, because when you have a lousy mean, you can twist things all kinds of Franchisee Association, National process, you end up with a lousy prod- different ways, you know—bragged Apartment Association, Retail Indus- uct. about all this great bipartisanship try Leaders Association, and the Work- I know it is not sexy to talk about here. In that number that he was refer- place Fairness Institute, and I could process, you know, but it is important. ring to, a number of bills that were have dozens and dozens more. It is important that we do our jobs, we supported in a bipartisan way, a big The truth of the matter is, these are debate these issues, and that we listen chunk of them are things like naming very important bills that we bring be- to Democrats and Republicans, you post offices, suspension bills that are fore this floor, and most of them are bi- not controversial, Hats Off to Teachers know, come before us with ideas: some partisan. The ones we have today are Day, those types of bills. we may agree with, some we may not, bipartisan bills. But on major legislation, whether it but let’s have that debate. What is Mr. Speaker, I would say to you that is healthcare or whether it is this wrong with that? Why is that such a this House has a lot to be proud of, of crummy tax bill that they are going to radical idea in this place? To get up the great work we have done this year, be bringing up, this place is polarized and say I am proud of this; I am proud and I am most proud of the fact that, because they block out any competing that we are now the most closed Con- in most of those cases, we have been ideas. gress in the history of our country? working together. Let me again reiterate for my col- That is something to be proud of? Mr. Speaker, I reserve the balance of leagues: the Rules Committee has I think that is something to be my time. blocked more than 1,300 amendments ashamed of. I think it diminishes this Mr. MCGOVERN. Mr. Speaker, I yield this year. That is just this year alone. House of Representatives, and it dimin- myself such time as I may consume. Now, I already mentioned amend- ishes every single member of this Mr. Speaker, the gentleman is right, ments on the AUMF, climate change, House, Democrats and Republicans we can work together and come to- Afghanistan, and more. I think those alike. gether in a bipartisan way to pass a are important subjects. But the Mem- This is supposed to be a deliberative post office bill, to name a post office bers offering these amendments, I body. Let’s deliberate. Let’s not nego- after somebody, but my friends didn’t think, no matter what you believe tiate things in the back room and then think it was important to come to- about these amendments, deserve the rush it to the floor and demand an up- gether and work with us on improving right to be heard by the whole House or-down vote. You know, you don’t the Affordable Care Act, totally cut and to receive an up-or-down vote. have a monopoly on good ideas, and out of the process. But here are a few more examples of there are people in your own party who I am willing to bet that when the tax the germane amendments that my have some good ideas, too, and I think bill comes up, the tax bill that is going

VerDate Sep 11 2014 01:12 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.017 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8541 to give wealthy people a big tax break the gentleman from Alabama is talk- Mr. MCGOVERN. Mr. Speaker, how and raise taxes on a lot of middle-in- ing about, his bill, when it—in the much time do I have remaining? come families, that will be a very Rules Committee last night, the Rules The SPEAKER pro tempore. The gen- closed process as well. So yeah, you Committee thought it was appropriate tleman from Massachusetts has 7 min- know, Hats Off to Teachers Day, nam- to block three germane amendments utes remaining. ing post offices, stuff that, I mean, from the ranking member of the Edu- Mr. MCGOVERN. Mr. Speaker, I yield Western civilization, as we know it, cation and the Workforce Committee. I myself such time as I may consume. doesn’t hinge upon, yeah, there is lot of mean, that is the process that we are Mr. Speaker, we are bringing to the bipartisanship here. dealing with here. floor two bills today that I think are We had a couple of bills yesterday The ranking member of that com- bad bills. But, nonetheless, they rep- that passed unanimously. I mean, we mittee does not have the opportunity resent the thinking of the Republicans had votes on them. They were non- to bring his ideas to the floor and de- who are in charge of this Congress. controversial. But when it comes to bate them and get a vote up or down on What is particularly distressing to anything really meaningful, there is no it. That is not right, and the Rules me is that, on one of those measures, it bipartisanship, and there is no open- Committee, unfortunately, is becoming is being brought to the floor under a ness here. a place where democracy goes to die, completely closed process. Again, let me repeat, so my col- where every good idea is routinely shot As I mentioned, last night, the rank- leagues understand this. This is the down, and it has to stop. ing member of the Education and the most closed session of Congress ever in Mr. Speaker, I am going to ask my Workforce Committee came before the history, and the year is not even over colleagues to defeat the previous ques- Rules Committee to offer three ger- yet. Today, we are considering the 49th tion. And I want to say to my col- mane amendments, and the Rules Com- closed rule of the 115th Congress, offi- leagues that, a month ago, I stood at mittee said: No, you don’t have the cially making it the most closed ses- this very podium, following our Na- right to have a debate on your ideas, sion of Congress in history. More than tion’s deadliest mass shooting in Las even though they are perfectly ger- half of the rules the Republicans have Vegas, asking my colleagues to defeat mane, on the House floor. reported out of the Rules Committee the previous question so that we can I think that is lousy. As a result, we have not allowed any amendments. begin to study gun violence. come today and we make history. This is now officially the most closed Con- They have blocked over 1,300 amend- b 1315 ments. gress ever in the history of our coun- Now I stand here again, after yet an- Speaker RYAN now is the only speak- try. My friends on the other side of the er who has not allowed an open rule. other unthinkable tragedy, begging my aisle are getting up and talking about colleagues to allow us to take this Speakers Boehner, PELOSI, Hastert, and how proud they are. They talk about Gingrich all allowed some open rules. small first step following Sunday’s bipartisanship. What they don’t tell This is the first time we never had one. deadly mass shooting at First Baptist you is that most of the bipartisanship Mr. Speaker, again, I would say to Church in Texas. are on things that really don’t mean a Twenty-six people in that church lost my colleagues, process matters, and lot: naming of post offices and bills their lives to gun violence, and that is this is really a sad day for this House, that pass by 435–0. On big things, on from one single shooting. On an aver- for this institution, and I hope my Re- important issues, they block us. I men- age day, 93 Americans are killed with publican friends think about it a little tioned some of the things they blocked. guns. I know a lot of my colleagues on both bit because you are doing great damage I would like to ask my colleagues to this institution, and that makes me sides of the aisle care deeply about the again: What will it take? DREAMers, since Donald Trump de- very sad. If the deaths of those children in cided to throw their fates into the bal- Mr. Speaker, I reserve the balance of Sandy Hook Elementary School ance. They want to do something to my time. weren’t enough for Congress to take help these young people, many of Mr. BYRNE. Mr. Speaker, I yield my- action, if the 49 lives lost in Orlando whom came when they were 1 year old self such time as I may consume. weren’t enough, if the 58 lives lost in Mr. Speaker, when we adopt this rule or 2 years old and know no other coun- Las Vegas weren’t enough, and if the 26 later on this afternoon, when we adopt try as their home but this country. We lives lost in Texas on Sunday aren’t my bill, let me tell you who is going to tried to fix that legislatively, as the enough, then nothing may ever be be happy. Tens and tens of thousands of President said he wanted us to do, and enough for Congress to have the cour- small businesses and hundreds of thou- the Republican majority blocked us. age to do the right thing. sands of their employees across Amer- But I am hoping that is not true. They blocked us. ica, that is who is going to be happy. Today we can decide to take the first We tried to offer an amendment And you know what, we are not here step in fighting gun violence with one again to say let’s not invest a gazillion to make ourselves happy. We are here vote. If we defeat the previous ques- dollars on a border wall. Let’s invest in to make the people who sent us here tion, I will offer an amendment to the our people. Let’s build up our infra- and expect us to do their business, we rule to bring up H. Res. 367, which structure. Let’s construct the finest are here to make them happy, and we would establish the Select Committee railway system in the United States— are going to make them happy today, on Gun Violence Prevention. in the world—over the next decade. as we have done over and over again It is time that we start having seri- They blocked us. this year, by passing legislation that ous discussions about this problem. We had an amendment to increase works for them, not for us. Moments of silence and calls for prayer funding to fight rural domestic vio- So there may be some unhappiness in are not enough. We have been doing lence and child abuse, and they blocked the room because we haven’t made that. It is time for us to get serious. us. every little amendment in order for Mr. Speaker, I ask unanimous con- We had an amendment to say we need this floor, but we have made the sent to insert the text of my amend- to ensure that this culture of corrup- amendments that matter to the Amer- ment in the RECORD, along with extra- tion that we see in the White House ican people, and, more importantly, we neous material, immediately prior to doesn’t grow any bigger, that the passed legislation that matters to the the vote on the previous question. Trump family doesn’t benefit from the American people, and I am very proud The SPEAKER pro tempore. Is there taxpayers, they don’t benefit finan- of that, and the American people, in- objection to the request of the gen- cially from the taxpayers, and we were deed, are happy. tleman from Massachusetts? blocked on that as well. Mr. Speaker, I reserve the balance of There was no objection. Then we have been blocked on my time. Mr. MCGOVERN. Mr. Speaker, I re- amendments to debate these wars that Mr. MCGOVERN. Mr. Speaker, I yield serve the balance of my time. have gone on for years and years. The myself such time as I may consume. Mr. BYRNE. Mr. Speaker, I have no war in Afghanistan is endless. It is the Mr. Speaker, I just want to remind further speakers, and I reserve the bal- longest war in American history. We my colleagues as well that the bill that ance of my time. can’t have a debate on the floor. We are

VerDate Sep 11 2014 01:12 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.031 H07NOPT1 H8542 CONGRESSIONAL RECORD — HOUSE November 7, 2017 told that it is not appropriate and that it. We don’t really have any rules in the resolution shall be considered for amend- it is not the right time. the Rules Committee because we want ment under the five-minute rule. All points The bottom line is, what my friends to have it so open, we want to give ev- of order against provisions in the resolution on the other side of the aisle are doing erybody such an opportunity, that we are waived. At the conclusion of consider- ation of the resolution for amendment the is they are running this place in a very let everybody come and say whatever Committee shall rise and report the resolu- authoritarian way, basically saying: It they want. Then we take it all into ac- tion to the House with such amendments as is our way, and that is it. It is our way count and we make some amendments may have been adopted. The previous ques- or the highway, and you don’t matter. in order and some not. tion shall be considered as ordered on the Well, we have had enough. We have Because we have done our job so well resolution and amendments thereto to final had enough of being shut out, and we this year, we have had so many bills in passage without intervening motion or de- are not going to shut up. We are not the House—and the House has passed mand for division of the question except one going to sit by and allow this pattern them all—that this House is just about motion to recommit with or without instruc- of closed rules and closed processes to a record-breaking House in terms of tions. If the Committee of the Whole rises and reports that it has come to no resolution continue without a protest. This is a what we are passing. Yes, our friends on the resolution, then on the next legisla- serious matter. over in the Senate haven’t passed a lot tive day the House shall, immediately after For the Speaker of the House in his of them. I don’t think the American the third daily order of business under clause press conference today to get up and people like that. I think the American 1 of rule XIV, resolve into the Committee of say, ‘‘Oh, we have a very open house,’’ people want the Senate to get to work the Whole for further consideration of the I mean, where is he living? like the House has been at work. resolution. That does not reflect the reality. This is important work, and we are SEC. 4. Clause 1(c) of rule XIX shall not Maybe Donald Trump can say those here to do it and not play games. The apply to the consideration of House Resolu- tion 367. kind of things that don’t reflect re- bills that are under this rule are very ality, but the Speaker of the House important bills. THE VOTE ON THE PREVIOUS QUESTION: WHAT ought to know that today, under his I have heard a lot about climate IT REALLY MEANS leadership, this has become the most change. The gentleman may suggest This vote, the vote on whether to order the closed House ever, and it diminishes that people on our side of the aisle previous question on a special rule, is not this institution and it diminishes every don’t understand science. I am not a merely a procedural vote. A vote against or- single Member of this institution. scientist, but I do understand climate dering the previous question is a vote So vote ‘‘no’’ on this rule. I urge my change. I do understand from the peo- against the Republican majority agenda and Republican friends, who care about ple who are worried about it, and a lot a vote to allow the Democratic minority to process, who want this place to be of people are legitimately worried offer an alternative plan. It is a vote about about it. The only thing you can do what the House should be debating. more deliberative, to vote ‘‘no.’’ Send a Mr. Clarence Cannon’s Precedents of the message to your leadership that you about that is to have alternative House of Representatives (VI, 308–311), de- have had enough. sources of energy. scribes the vote on the previous question on If you want more bipartisan legisla- Hydroenergy is one of those sources. the rule as ‘‘a motion to direct or control the tion, if you want a less polarized Con- You don’t release any carbon molecules consideration of the subject before the House gress, then open the process up a little in the air when you generate elec- being made by the Member in charge.’’ To bit. I have news for you, if you do, tricity using water. So one of the bills defeat the previous question is to give the maybe the popularity of Congress will addresses that. opposition a chance to decide the subject be- go up a little bit. I think we are at, The other bill—my bill—the Save the fore the House. Cannon cites the Speaker’s Local Business Act, is a very impor- ruling of January 13, 1920, to the effect that like, 12 or 13 percent now. Maybe that ‘‘the refusal of the House to sustain the de- might get you up to 15 or 16 percent. tant bill, a bipartisan bill. There are mand for the previous question passes the But it is the right thing to do. bipartisan sponsors on this bill. As I control of the resolution to the opposition’’ This is not the way we are supposed said earlier, there are tens of thou- in order to offer an amendment. On March to run a legislative body. When you do sands of businesses around America 15, 1909, a member of the majority party of- it this way, you end up with lousy leg- and hundreds of thousands of employ- fered a rule resolution. The House defeated islation. Your healthcare bill was a dis- ees of those businesses that are aching the previous question and a member of the aster. It reflected no input from any- for us to pass this bill. opposition rose to a parliamentary inquiry, asking who was entitled to recognition. body. Thank God the Senate said no to So far from being small things that don’t matter—by the way, saying nice Speaker Joseph G. Cannon (R-Illinois) said: it. We see the same thing going on with ‘‘The previous question having been refused, the tax bill. things about teachers isn’t a small the gentleman from New York, Mr. Fitz- Mr. Speaker, I urge my colleagues to thing. I think it is a big thing. These gerald, who had asked the gentleman to vote ‘‘no’’ on the previous question so are important pieces of legislation, and yield to him for an amendment, is entitled to maybe we can bring up a little bit of a I am proud of the work that this House the first recognition.’’ debate on the need for a select com- has done to make sure that we consider The Republican majority may say ‘‘the mittee to study gun violence. But, them and pass them. vote on the previous question is simply a vote on whether to proceed to an immediate please, vote ‘‘no’’ on this. Please send a Mr. Speaker, I again urge my col- leagues to support House Resolution vote on adopting the resolution . . . [and] message to the Republican leadership has no substantive legislative or policy im- that enough is enough and we are tired 607 and the underlying bills. plications whatsoever.’’ But that is not what of these closed rules. The material previously referred to they have always said. Listen to the Repub- Mr. Speaker, I yield back the balance by Mr. MCGOVERN is as follows: lican Leadership Manual on the Legislative of my time. AN AMENDMENT TO H. RES. 607 OFFERED BY Process in the United States House of Rep- The SPEAKER pro tempore. The MR. MCGOVERN: resentatives, (6th edition, page 135). Here’s Chair would again ask Members to di- At the end of the resolution, add the fol- how the Republicans describe the previous rect remarks to the Chair. lowing new sections: question vote in their own manual: ‘‘Al- SEC. 3. Immediately upon adoption of this though it is generally not possible to amend Mr. BYRNE. Mr. Speaker, I yield my- resolution the Speaker shall, pursuant to the rule because the majority Member con- self such time as I may consume. clause 2(b) of rule XVIII, declare the House trolling the time will not yield for the pur- Mr. Speaker, this has been a very resolved into the Committee of the Whole pose of offering an amendment, the same re- open process. At the beginning, you House on the state of the Union for consider- sult may be achieved by voting down the pre- recognized me for an hour and I gave, ation of the resolution (H. Res. 367) to estab- vious question on the rule.... When the as is customary, half of my time to the lish the Select Committee on Gun Violence motion for the previous question is defeated, other side so that they could present Prevention. The first reading of the resolu- control of the time passes to the Member their side. tion shall be dispensed with. All points of who led the opposition to ordering the pre- In our committee, the Rules Com- order against consideration of the resolution vious question. That Member, because he are waived. General debate shall be confined then controls the time, may offer an amend- mittee, we let anyone who wants to to the resolution and shall not exceed one ment to the rule, or yield for the purpose of come—any Member who wants to come hour equally divided and controlled by the amendment.’’ and basically say whatever they want chair and ranking minority member of the In Deschler’s Procedure in the U.S. House to say for as long as they want to say Committee on Rules. After general debate of Representatives, the subchapter titled

VerDate Sep 11 2014 02:53 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.032 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8543 ‘‘Amending Special Rules’’ states: ‘‘a refusal Latta Perry Smith (NJ) Vela Wasserman Welch to order the previous question on such a rule Lewis (MN) Peterson Smith (TX) Vela´ zquez Schultz Yarmuth [a special rule reported from the Committee LoBiondo Pittenger Smucker Visclosky Waters, Maxine Walz Watson Coleman on Rules] opens the resolution to amend- Long Poe (TX) Stefanik Loudermilk Poliquin ment and further debate.’’ (Chapter 21, sec- Stewart NOT VOTING—17 Love Posey Stivers tion 21.2) Section 21.3 continues: ‘‘Upon re- Lucas Ratcliffe Taylor Brady (PA) Hoyer Polis jection of the motion for the previous ques- Luetkemeyer Reed Tenney Bridenstine Hudson Rice (SC) tion on a resolution reported from the Com- MacArthur Reichert Thompson (PA) Cummings Huffman Roybal-Allard Marchant Renacci mittee on Rules, control shifts to the Mem- Thornberry DesJarlais Johnson (GA) Thompson (MS) Marino Roby Garrett Johnson, E. B. ber leading the opposition to the previous Tiberi Wilson (FL) question, who may offer a proper amendment Marshall Roe (TN) Hastings Pocan Massie Rogers (AL) Tipton or motion and who controls the time for de- Mast Rogers (KY) Trott bate thereon.’’ McCarthy Rohrabacher Turner b 1348 Clearly, the vote on the previous question McCaul Rokita Upton Valadao Messrs. HIMES, WALZ, and JONES on a rule does have substantive policy impli- McClintock Rooney, Francis changed their vote from ‘‘yea’’ to cations. It is one of the only available tools McHenry Rooney, Thomas Wagner for those who oppose the Republican major- McKinley J. Walberg ‘‘nay.’’ Walden ity’s agenda and allows those with alter- McMorris Ros-Lehtinen So the previous question was ordered. Rodgers Roskam Walker The result of the vote was announced native views the opportunity to offer an al- McSally Ross Walorski ternative plan. Meadows Rothfus Walters, Mimi as above recorded. Mr. BYRNE. Mr. Speaker, I yield Meehan Rouzer Weber (TX) The SPEAKER pro tempore (Mr. Messer Royce (CA) back the balance of my time, and I Webster (FL) JODY B. HICE of Georgia). The question Mitchell Russell Wenstrup is on the resolution. move the previous question on the res- Moolenaar Rutherford Westerman Mooney (WV) The question was taken; and the olution. Sanford Williams Mullin Scalise Wilson (SC) Speaker pro tempore announced that The SPEAKER pro tempore. The Newhouse Schweikert Wittman the ayes appeared to have it. question is on ordering the previous Noem Scott, Austin question. Norman Sensenbrenner Womack RECORDED VOTE Woodall The question was taken; and the Nunes Sessions Mr. MCGOVERN. Mr. Speaker, I de- Olson Shimkus Yoder Speaker pro tempore announced that Palazzo Shuster Yoho mand a recorded vote. the ayes appeared to have it. Palmer Simpson Young (AK) A recorded vote was ordered. Mr. MCGOVERN. Mr. Speaker, on Paulsen Smith (MO) Young (IA) The SPEAKER pro tempore. This is a that I demand the yeas and nays. Pearce Smith (NE) Zeldin 5-minute vote. The yeas and nays were ordered. NAYS—182 The vote was taken by electronic de- The SPEAKER pro tempore. Pursu- vice, and there were—ayes 233, noes 182, Adams Esty (CT) McNerney ant to clause 8 and clause 9 of rule XX, Aguilar Evans Meeks not voting 17, as follows: this 15-minute vote on ordering the Barraga´ n Foster Meng [Roll No. 611] previous question will be followed by 5- Bass Frankel (FL) Moore Beatty Fudge Moulton AYES—233 minute votes on: Bera Gabbard Murphy (FL) Abraham Diaz-Balart Jones Adopting the resolution, if ordered; Beyer Gallego Nadler Aderholt Donovan Jordan and Bishop (GA) Garamendi Napolitano Allen Duffy Joyce (OH) Blumenauer Gomez Neal Amash Duncan (SC) Katko Agreeing to the Speaker’s approval of Blunt Rochester Gonzalez (TX) Nolan Amodei Duncan (TN) Kelly (MS) the Journal. Bonamici Gottheimer Norcross Arrington Dunn Kelly (PA) The vote was taken by electronic de- Boyle, Brendan Green, Al O’Halleran Babin Emmer King (IA) vice, and there were—yeas 233, nays F. Green, Gene O’Rourke Bacon Estes (KS) King (NY) Brown (MD) Grijalva Pallone Banks (IN) Farenthold Kinzinger 182, not voting 17, as follows: Brownley (CA) Gutie´rrez Panetta Barletta Faso Knight [Roll No. 610] Bustos Hanabusa Pascrell Barr Ferguson Kustoff (TN) Butterfield Heck Payne Barton Fitzpatrick Labrador YEAS—233 Capuano Higgins (NY) Pelosi Bergman Fleischmann LaHood Abraham Comstock Graves (LA) Carbajal Himes Perlmutter Biggs Flores LaMalfa Aderholt Conaway Graves (MO) Ca´ rdenas Jackson Lee Peters Bilirakis Fortenberry Lamborn Allen Cook Griffith Carson (IN) Jayapal Pingree Bishop (MI) Foxx Lance Amash Costello (PA) Grothman Cartwright Jeffries Price (NC) Bishop (UT) Franks (AZ) Latta Amodei Cramer Guthrie Castor (FL) Jones Quigley Black Frelinghuysen Lewis (MN) Arrington Crawford Handel Castro (TX) Kaptur Raskin Blackburn Gaetz LoBiondo Babin Culberson Harper Chu, Judy Keating Rice (NY) Blum Gallagher Long Bacon Curbelo (FL) Harris Cicilline Kelly (IL) Richmond Bost Gianforte Loudermilk Banks (IN) Davidson Hartzler Clark (MA) Kennedy Rosen Brady (TX) Gibbs Love Barletta Davis, Rodney Hensarling Clarke (NY) Khanna Ruiz Brat Gohmert Lucas Barr Denham Herrera Beutler Clay Kihuen Ruppersberger Brooks (AL) Goodlatte Luetkemeyer Barton Dent Hice, Jody B. Cleaver Kildee Rush Brooks (IN) Gosar MacArthur Bergman DeSantis Higgins (LA) Clyburn Kilmer Ryan (OH) Buchanan Gowdy Marchant Biggs Diaz-Balart Hill Cohen Kind Sa´ nchez Buck Granger Marino Bilirakis Donovan Holding Connolly Krishnamoorthi Sarbanes Bucshon Graves (GA) Marshall Bishop (MI) Duffy Hollingsworth Conyers Kuster (NH) Schakowsky Budd Graves (LA) Massie Bishop (UT) Duncan (SC) Huizenga Cooper Langevin Schiff Burgess Graves (MO) Mast Black Duncan (TN) Hultgren Correa Larsen (WA) Schneider Byrne Griffith McCarthy Blackburn Dunn Hunter Costa Larson (CT) Schrader Calvert Grothman McCaul Blum Emmer Hurd Courtney Lawrence Scott (VA) Carter (GA) Guthrie McClintock Bost Estes (KS) Issa Crist Lawson (FL) Scott, David Carter (TX) Handel McHenry Brady (TX) Farenthold Jenkins (KS) Crowley Lee Serrano Chabot Harper McKinley Brat Faso Jenkins (WV) Cuellar Levin Sewell (AL) Cheney Harris McMorris Brooks (AL) Ferguson Johnson (LA) Davis (CA) Lewis (GA) Shea-Porter Coffman Hartzler Rodgers Brooks (IN) Fitzpatrick Johnson (OH) Davis, Danny Lieu, Ted Sherman Cole Hensarling McSally Buchanan Fleischmann Johnson, Sam DeFazio Lipinski Sinema Collins (GA) Herrera Beutler Meadows Buck Flores Jordan DeGette Loebsack Sires Collins (NY) Hice, Jody B. Meehan Bucshon Fortenberry Joyce (OH) Delaney Lofgren Slaughter Comer Higgins (LA) Messer Budd Foxx Katko DeLauro Lowenthal Smith (WA) Comstock Hill Mitchell Burgess Franks (AZ) Kelly (MS) DelBene Lowey Soto Conaway Holding Moolenaar Byrne Frelinghuysen Kelly (PA) Demings Lujan Grisham, Speier Cook Hollingsworth Mooney (WV) Calvert Gaetz King (IA) DeSaulnier M. Suozzi Costello (PA) Huizenga Mullin Carter (GA) Gallagher King (NY) Deutch Luja´ n, Ben Ray Swalwell (CA) Cramer Hultgren Newhouse Carter (TX) Gianforte Kinzinger Dingell Lynch Takano Crawford Hunter Noem Chabot Gibbs Knight Doggett Maloney, Thompson (CA) Culberson Hurd Norman Cheney Gohmert Kustoff (TN) Doyle, Michael Carolyn B. Titus Curbelo (FL) Issa Nunes Coffman Goodlatte Labrador F. Maloney, Sean Tonko Davidson Jenkins (KS) Olson Cole Gosar LaHood Ellison Matsui Torres Davis, Rodney Jenkins (WV) Palazzo Collins (GA) Gowdy LaMalfa Engel McCollum Tsongas Denham Johnson (LA) Palmer Collins (NY) Granger Lamborn Eshoo McEachin Vargas Dent Johnson (OH) Paulsen Comer Graves (GA) Lance Espaillat McGovern Veasey DeSantis Johnson, Sam Pearce

VerDate Sep 11 2014 02:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.009 H07NOPT1 H8544 CONGRESSIONAL RECORD — HOUSE November 7, 2017

Perry Russell Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Scott, Austin Stewart Walz Pittenger Rutherford Upton The SPEAKER pro tempore (during Scott, David Takano Wasserman Poe (TX) Sanford Valadao Sensenbrenner Taylor Schultz Poliquin Schweikert Wagner the vote). There are 2 minutes remain- Sessions Thornberry Webster (FL) Posey Scott, Austin Walberg ing. Shea-Porter Tiberi Welch Ratcliffe Sensenbrenner Walden Sherman Titus Wenstrup Reed Sessions Walker b 1357 Shimkus Trott Westerman Reichert Shimkus Walorski Shuster Tsongas Williams Simpson Upton Renacci Shuster Walters, Mimi So the resolution was agreed to. Wilson (SC) Smith (NE) Vela Rice (SC) Simpson Weber (TX) The result of the vote was announced Wittman Smith (NJ) Wagner Roby Smith (MO) Webster (FL) Womack as above recorded. Smith (TX) Walden Roe (TN) Smith (NE) Wenstrup Yarmuth Rogers (AL) Smith (NJ) A motion to reconsider was laid on Smith (WA) Walker Westerman Young (IA) Rogers (KY) Smith (TX) Speier Walorski Williams the table. Zeldin Rohrabacher Smucker Stefanik Walters, Mimi Wilson (SC) Rokita Stefanik f Wittman Rooney, Francis Stewart NAYS—184 Womack Rooney, Thomas Stivers THE JOURNAL Aguilar Gosar Palmer J. Taylor Woodall Yoder Amash Gottheimer Panetta Ros-Lehtinen Tenney The SPEAKER pro tempore. The un- Babin Graves (GA) Paulsen Yoho Roskam Thompson (PA) finished business is the question on Barraga´ n Graves (LA) Payne Young (AK) Ross Thornberry agreeing to the Speaker’s approval of Bass Graves (MO) Pearce Rothfus Tiberi Young (IA) the Journal, on which the yeas and Bera Green, Gene Perry Rouzer Tipton Zeldin Bergman Gutie´rrez Peters Royce (CA) Trott nays were ordered. Beyer Hastings Peterson The question is on the Speaker’s ap- Biggs Herrera Beutler Pittenger NOES—182 proval of the Journal. Bishop (MI) Hice, Jody B. Poe (TX) Blum Higgins (NY) Adams Fudge Nolan Poliquin This is a 5-minute vote. Blunt Rochester Holding Price (NC) Aguilar Gabbard Norcross The vote was taken by electronic de- Bost Huizenga Raskin Barraga´ n Gallego O’Halleran Boyle, Brendan Hunter Ratcliffe Bass Garamendi O’Rourke vice, and there were—yeas 225, nays F. Beatty Gomez 184, answered ‘‘present’’ 3, not voting Hurd Reed Pallone Brownley (CA) Bera Gonzalez (TX) Jackson Lee Reichert Panetta 20, as follows: Buck Beyer Gottheimer Jayapal Renacci Pascrell Burgess Bishop (GA) Green, Al [Roll No. 612] Jenkins (KS) Rice (NY) Payne Capuano Blumenauer Green, Gene Jenkins (WV) Richmond Pelosi YEAS—225 Carbajal Blunt Rochester Grijalva Johnson (OH) Rogers (AL) Perlmutter Ca´ rdenas Bonamici Gutie´rrez Abraham Donovan Long Jones Rohrabacher Peters Carson (IN) Boyle, Brendan Hanabusa Adams Duncan (SC) Loudermilk Jordan Rokita Peterson Carter (GA) F. Heck Aderholt Duncan (TN) Lowenthal Joyce (OH) Ros-Lehtinen Pingree Castor (FL) Brown (MD) Higgins (NY) Allen Dunn Lowey Katko Rouzer Price (NC) Cheney Brownley (CA) Himes Amodei Emmer Lucas Kelly (IL) Ruiz Clark (MA) Bustos Jackson Lee Quigley Arrington Engel Luetkemeyer Khanna Rush Clarke (NY) Butterfield Jayapal Raskin Bacon Eshoo Lujan Grisham, Kihuen Ryan (OH) Clyburn ´ Capuano Jeffries Rice (NY) Banks (IN) Estes (KS) M. Kilmer Sanchez Coffman Carbajal Kaptur Richmond Barletta Evans Maloney, Kind Sarbanes Collins (GA) Ca´ rdenas Keating Rosen Barr Farenthold Carolyn B. Kinzinger Schakowsky Conaway Carson (IN) Kelly (IL) Ruiz Barton Ferguson Marino Knight Schiff Connolly Cartwright Kennedy Ruppersberger Beatty Fleischmann Marshall LaHood Schrader Conyers Castor (FL) Khanna Rush Bilirakis Fortenberry Massie Lance Serrano Correa Castro (TX) Kihuen Ryan (OH) Bishop (GA) Foster McCarthy Langevin Sewell (AL) Costa Chu, Judy Kildee Sa´ nchez Bishop (UT) Frankel (FL) McCaul Larsen (WA) Sinema Costello (PA) Lawson (FL) Cicilline Kilmer Sarbanes Black Franks (AZ) McClintock Sires Courtney Lee Slaughter Clark (MA) Kind Schakowsky Blackburn Frelinghuysen McCollum Crowley Levin Smith (MO) Clarke (NY) Krishnamoorthi Schiff Blumenauer Gabbard McEachin Bonamici Garamendi McHenry Cuellar Lewis (GA) Smucker Clay Kuster (NH) Schneider Brady (TX) Gianforte McMorris Curbelo (FL) Lieu, Ted Soto Cleaver Langevin Schrader Davis, Rodney Clyburn Larsen (WA) Brat Goodlatte Rodgers LoBiondo Stivers Scott (VA) DeFazio Cohen Larson (CT) Brooks (AL) Gowdy McNerney Loebsack Suozzi Scott, David Delaney Connolly Lawrence Brooks (IN) Granger Meadows Lofgren Swalwell (CA) Serrano Denham Conyers Lawson (FL) Brown (MD) Green, Al Meehan Love Tenney Sewell (AL) DeSantis Cooper Lee Buchanan Griffith Meeks Lynch Thompson (CA) Shea-Porter DeSaulnier Correa Levin Bucshon Grothman Meng MacArthur Thompson (PA) Sherman Doyle, Michael Costa Lewis (GA) Budd Guthrie Messer Maloney, Sean Tipton Sinema F. Courtney Lieu, Ted Bustos Hanabusa Mitchell Marchant Torres Sires Duffy Crist Lipinski Butterfield Handel Moolenaar Mast Turner Slaughter Espaillat Crowley Loebsack Byrne Harper Mooney (WV) Matsui Valadao Smith (WA) Esty (CT) Cuellar Lofgren Calvert Harris Moulton McGovern Vargas Soto Faso Davis (CA) Lowenthal Carter (TX) Hartzler Mullin McKinley Veasey Speier Fitzpatrick ´ Davis, Danny Lowey Cartwright Heck Murphy (FL) McSally Velazquez Suozzi Flores DeFazio Lujan Grisham, Castro (TX) Hensarling Nadler Moore Visclosky Swalwell (CA) Foxx DeGette M. Chabot Higgins (LA) Newhouse Napolitano Walberg Takano Fudge Delaney Luja´ n, Ben Ray Chu, Judy Hill Norman Neal Waters, Maxine Gaetz DeLauro Lynch Thompson (CA) Cicilline Himes Nunes Noem Watson Coleman Gallagher DelBene Maloney, Titus Clay Hollingsworth O’Rourke Nolan Weber (TX) Gallego Demings Carolyn B. Tonko Cleaver Hultgren Olson Norcross Woodall Gibbs DeSaulnier Maloney, Sean Torres Cohen Issa Pelosi O’Halleran Yoder Gomez Deutch Matsui Tsongas Cole Jeffries Perlmutter Palazzo Yoho Gonzalez (TX) Dingell McCollum Vargas Collins (NY) Johnson (LA) Pingree Pallone Young (AK) Doggett McEachin Veasey Comer Johnson, Sam Posey Doyle, Michael McGovern Vela Comstock Kaptur Quigley ANSWERED ‘‘PRESENT’’—3 ´ Cook Keating Roby F. McNerney Velazquez Ellison Rice (SC) Tonko Ellison Meeks Visclosky Cooper Kelly (MS) Roe (TN) Cramer Kelly (PA) Rogers (KY) Engel Meng Walz NOT VOTING—20 Eshoo Moore Wasserman Crawford Kennedy Rooney, Francis Espaillat Moulton Schultz Crist Kildee Rooney, Thomas Brady (PA) Hoyer Pocan Esty (CT) Murphy (FL) Waters, Maxine Culberson King (IA) J. Bridenstine Hudson Polis Evans Nadler Watson Coleman Davidson King (NY) Rosen Cummings Huffman Roybal-Allard Foster Napolitano Welch Davis (CA) Krishnamoorthi Roskam DesJarlais Johnson (GA) Scalise Frankel (FL) Neal Yarmuth Davis, Danny Kuster (NH) Ross Garrett Johnson, E. B. Thompson (MS) DeGette Kustoff (TN) Rothfus Gohmert Luja´ n, Ben Ray Wilson (FL) NOT VOTING—17 DeLauro Labrador Royce (CA) Grijalva Pascrell DelBene LaMalfa Ruppersberger Brady (PA) Hoyer Polis Demings Lamborn Russell ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bridenstine Hudson Roybal-Allard Dent Larson (CT) Rutherford Cummings Huffman Scalise Deutch Latta Sanford The SPEAKER pro tempore (during DesJarlais Johnson (GA) Thompson (MS) Diaz-Balart Lawrence Schneider the vote). There are 2 minutes remain- Garrett Johnson, E. B. Wilson (FL) Dingell Lewis (MN) Schweikert Hastings Pocan Doggett Lipinski Scott (VA) ing.

VerDate Sep 11 2014 02:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.010 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8545 b 1403 main eligible for benefits, effectively ren- ‘‘(a) CERTAIN UNREMARRIED FORMER dering these benefits inaccessible by the SPOUSES.—The Secretary of Defense’’; and So the Journal was approved. children of the deceased member. (2) by adding at the end the following new The result of the vote was announced SEC. 3. ISSUANCE OF GOLD STAR INSTALLATION subsection: as above recorded. ACCESS CARDS. ‘‘(b) CERTAIN REMARRIED SURVIVING PERSONAL EXPLANATION (a) ISSUANCE AND CONDITIONS ON USE.— SPOUSES.—The Secretary of Defense shall Mr. SCALISE. Mr. Speaker, I was unavoid- (1) IN GENERAL.—Chapter 57 of title 10, prescribe such regulations as may be nec- essary to provide that a surviving spouse of ably detained. Had I been present, I would United States Code, is amended by inserting after section 1126 the following new section: a deceased member of the armed forces, re- have voted ‘‘yea’’ on rollcall No. 611 and ‘‘§ 1126a. Gold Star Installation Access Card: gardless of the marital status of the sur- ‘‘yea’’ on rollcall No. 612. issuance and protections viving spouse, who has guardianship of de- pendent children of the deceased member is f ‘‘(a) ISSUANCE TO GOLD STAR SURVIVING entitled to use commissary stores and MWR SPOUSE AND DEPENDENT CHILDREN OF DE- GOLD STAR FAMILY SUPPORT retail facilities to the same extent and on AND INSTALLATION ACCESS ACT CEASED MEMBER REQUIRED.—The Secretary concerned shall provide for the issuance of a the same basis as the unremarried surviving OF 2017 standardized Gold Star Installation Access spouse of a member of the uniformed serv- Mr. BACON. Mr. Speaker, I ask unan- Card to the widow and dependent children of ices.’’. (b) CONFORMING AMENDMENTS.—Section a deceased member of the armed forces de- imous consent that the Committee on 1062 of title 10, United States Code, is further scribed in section 1126(a) of this title to fa- Armed Services be discharged from fur- amended— cilitate their ability to gain unescorted ac- ther consideration of the bill (H.R. (1) by striking ‘‘commissary and exchange cess to military installations for the purpose privileges’’ and inserting ‘‘use commissary 3897) to amend title 10, United States of attending memorial events, visiting stores and MWR retail facilities’’; and Code, to provide for the issuance of the gravesites, and obtaining the on-installation Gold Star Installation Access Card to services and benefits to which they are enti- (2) by adding at the end the following new the surviving spouse, dependent chil- tled or eligible. subsection: ‘‘(c) MWR RETAIL FACILITIES.—The term ‘‘(b) ISSUANCE TO OTHER NEXT OF KIN AU- dren, and other next of kin of a mem- ‘MWR retail facilities’ has the meaning ber of the Armed Forces who dies while THORIZED.—At the discretion of the Sec- retary concerned, the Secretary concerned given that term in section 1063(e) of this serving on certain active or reserve may provide the Gold Star Installation Ac- title.’’. (c) CLERICAL AMENDMENTS.— duty, to ensure that a remarried sur- cess Card to the parents and other next of (1) SECTION HEADING.—The heading of sec- viving spouse with dependent children kin of a deceased member of the armed tion 1062 of title 10, United States Code, is of the deceased member remains eligi- forces described in section 1126(a) of this amended to read as follows: ble for installation benefits to which title. the surviving spouse was previously el- ‘‘(c) SERVICE-WIDE ACCEPTANCE OF ACCESS ‘‘§ 1062. Certain former spouses and surviving spouses’’. igible, and for other purposes, and ask CARD.—The Secretaries concerned shall work together to ensure that a Gold Star Installa- for its immediate consideration in the (2) TABLE OF SECTIONS.—The table of sec- tion Access Card issued by one armed force is tions at the beginning of chapter 54 of title House. accepted for access to military installations 10, United States Code, is amended by strik- The Clerk read the title of the bill. under the jurisdiction of another armed ing the item relating to section 1062 and in- The SPEAKER pro tempore (Mr. force. serting the following new item: MOOLENAAR). Is there objection to the ‘‘(d) PROTECTION OF INSTALLATION SECU- ‘‘1062. Certain former spouses and surviving request of the gentleman from Ne- RITY.—In developing, issuing, and accepting spouses.’’. braska? the Gold Star Installation Access Card, the Secretary concerned may take such meas- The bill was ordered to be engrossed There was no objection. ures as the Secretary concerned considers and read a third time, was read the The text of the bill is as follows: necessary— third time, and passed, and a motion to H.R. 3897 ‘‘(1) to prevent fraud in the procurement or reconsider was laid on the table. Be it enacted by the Senate and House of Rep- use of the Gold Star Installation Access f resentatives of the United States of America in Card; Congress assembled, ‘‘(2) to limit installation access to those ANNOUNCEMENT BY THE SPEAKER areas of the installation that provide the SECTION 1. SHORT TITLE. PRO TEMPORE services and benefits for which the recipient This Act may be cited as the ‘‘Gold Star The SPEAKER pro tempore. Pursu- of the Gold Star Installation Access Card is Family Support and Installation Access Act entitled or eligible; and ant to clause 8 of rule XX, the Chair of 2017’’. ‘‘(3) to ensure that the availability and use will postpone further proceedings SEC. 2. FINDINGS. of the Gold Star Installation Access Card today on motions to suspend the rules Congress makes the following findings: does not adversely affect military installa- on which a recorded vote or the yeas (1) Since World War I, the gold star symbol tion security. and nays are ordered, or votes objected has been used by American families to honor ‘‘(e) TERMINATION.—The Gold Star Installa- to under clause 6 of rule XX. members of the Armed Forces who have tion Access Card for the widow and depend- given their lives in service to the Nation. The House will resume proceedings ent children of a deceased member of the on postponed questions at a later time. (2) Surviving families of deceased members armed forces shall remain valid for the life of the Armed Forces confront many chal- of the widow or child, regardless of subse- f lenges, often made worse by policies that fail quent marital status of the widow, subject to RISK-BASED CREDIT EXAMINATION to compassionately honor the memory of periodic renewal as determined by the Sec- their loved one’s service and sacrifice to the retary concerned to ensure military installa- ACT Nation. tion security.’’. Mr. HUIZENGA. Mr. Speaker, I move (3) There is an obligation to ensure that (2) CLERICAL AMENDMENT.—The table of to suspend the rules and pass the bill the Gold Star family connections to the sections at the beginning of chapter 57 of (H.R. 3911) to amend the Securities Ex- military community remain an eternal bond title 10, United States Code, is amended by change Act of 1934 with respect to risk- providing strength and comfort to surviving inserting after the item relating to section based examinations of Nationally Rec- family members and to those still serving. 1126 the following new item: ognized Statistical Rating Organiza- (4) Individual military services have recog- ‘‘1126a. Gold Star Installation Access Card: nized the need to provide installation access issuance and protections.’’. tions. to Gold Star families to attend memorial The Clerk read the title of the bill. (b) APPLICABILITY OF CURRENT DEFINI- events, visit gravesites, and access other The text of the bill is as follows: TIONS.—Section 1126(d) of title 10, United benefits for which family members are eligi- States Code is amended by striking the mat- H.R. 3911 ble and entitled. ter preceding paragraph (1) and inserting the Be it enacted by the Senate and House of Rep- (5) Surviving families of deceased members following: ‘‘In this section and section 1126a resentatives of the United States of America in of the Armed Forces relocate to other parts of this title:’’. Congress assembled, of the country, often far away from the serv- SEC. 4. EXTENSION OF COMMISSARY AND EX- SECTION 1. SHORT TITLE. ice installation where their loved one last CHANGE BENEFITS FOR REMARRIED This Act may be cited as the ‘‘Risk-Based served. SPOUSES WITH DEPENDENT CHIL- Credit Examination Act’’. (6) Current Department of Defense policy DREN. SEC. 2. RISK-BASED EXAMINATIONS OF NATION- rescinds on-base benefits to surviving (a) BENEFITS.—Section 1062 of title 10, ALLY RECOGNIZED STATISTICAL spouses of deceased service members who re- United States Code, is amended— RATING ORGANIZATIONS. marry, even when dependent children under (1) by striking ‘‘The Secretary of Defense’’ Section 15E(p)(3)(B) of the Securities Ex- the guardianship of the surviving spouse re- and inserting the following: change Act of 1934 (15 U.S.C. 78o–7(p)(3)(B)) is

VerDate Sep 11 2014 02:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.040 H07NOPT1 H8546 CONGRESSIONAL RECORD — HOUSE November 7, 2017 amended in the matter preceding clause (i), cers at these rating agencies additional focus on the most high-risk areas when by inserting ‘‘, as appropriate,’’ after ‘‘Each responsibilities, including filing annual conducting annual examinations of cer- examination under subparagraph (A) shall reports with the SEC. tain credit rating agencies known as include’’. While credit agencies must be held nationally recognized statistical rating The SPEAKER pro tempore. Pursu- accountable, these increased reporting organizations. ant to the rule, the gentleman from requirements have given the burden to Credit rating agencies did, in fact, Michigan (Mr. HUIZENGA) and the gen- small credit rating agencies and have play a central role in the subprime tleman from Michigan (Mr. KILDEE) hurt investors who bear the true cost mortgage meltdowns by routinely as- each will control 20 minutes. of these rules. That one-size-fits-all an- signing inflated credit ratings to high- The Chair recognizes the gentleman nual reporting requirements imposed risk structured mortgage products. from Michigan (Mr. HUIZENGA). by Dodd-Frank on all NRSROs placed These ratings, which were issued by GENERAL LEAVE unnecessary burdens and compliance agencies operating under conflicts of Mr. HUIZENGA. Mr. Speaker, I ask costs on small NRSROs, who in no way interests, allowed banks to assume un- unanimous consent that all Members were a cause of the financial crisis. reasonable amounts of risk and re- have 5 legislative days to revise and ex- As a result of the annual reporting sulted in the loss of trillions of dollars tend their remarks and to include ex- requirements, large NRSROs that can when the mortgages underlying those traneous material on this bill. absorb these compliance costs have risky investments began to default. The SPEAKER pro tempore. Is there gotten bigger; and smaller NRSROs, for In the wake of the ensuing financial objection to the request of the gen- whom these compliance costs really crisis, the Dodd-Frank Act strength- tleman from Michigan? impose a disproportionate burden, they ened oversight of credit rating agen- There was no objection. have been prevented from entering the cies, including by directing the SEC to Mr. HUIZENGA. Mr. Speaker, I yield marketplace and providing necessary create an Office of Credit Ratings re- myself such time as I may consume. competition. Mr. Speaker, nationally recognized On May 15, 2013, former Securities sponsible for conducting annual exami- statistical rating organizations—or and Exchange Commission Chair Mary nations of the rating organizations. NRSROs, as they are known—have Jo White wrote a letter on behalf of a Currently, each rating organization been heavily criticized for the role that unanimous commission to Chairman examination must include a review of they played in facilitating the finan- HENSARLING of the Financial Services eight topic areas designed to assess the cial crisis. Committee to request the provisions of adequacy of each agency’s internal In the years leading up to the crisis, H.R. 3911 as a legislative proposal. She controls, conflicts of interests, and rat- the government adopted a series of said: ‘‘Rather than focusing every year ing methodologies, among other areas. policies that had the effect of confer- on each of the designated eight review This legislation, H.R. 3911, is respon- ring a ‘‘Good Housekeeping’’ seal of ap- areas, allowing a risk-based approach sive to former SEC Chair Mary Jo proval on the rating agencies and on would permit the SEC staff to tailor White’s 2013 request to the Financial their products, including designating examinations. . . . As a result, staff Services Committee for legislation certain agencies as nationally recog- could focus limited resources on these that would allow the SEC staff to take nized—a label that they had put on— specific risks rather than reviewing the a risk-based approach to annual rating and hardwiring references to their rat- designated eight areas, some of which organization examinations. Such an ings into numerous Federal statutes may not present a risk for a particular approach would allow the SEC to focus and regulations. firm. . . . ‘’ valuable resources on the areas where These regulatory privileges and the Consistent with former Chair White’s problematic conduct is most likely to perception that the government had request, H.R. 3911, statutorily changes exist. placed its blessing on the rating agen- the annual reporting requirements so H.R. 3911 is designed to strengthen cies’ assessments led to a sense of com- that they are risk-based, instead of re- regulatory efforts rather than provide placency among investors and a failure quiring the burdensome review of all a basis for reduced accountability. So I of private sector due diligence that eight review areas currently mandated. do urge the SEC to use the discretion contributed to mispriced risk and a This approach is a commonsense bal- afforded under H.R. 3911 in order to collapse of market confidence when ance that still ensures large NRSROs focus on areas that present the great- ratings of certain asset-backed securi- are regulated while smaller NRSROs est risk of misconduct. are provided necessary relief to enter ties were called into question during It is vital that our ratings organiza- and thrive in the marketplace. the credit meltdown of 2007 and 2008. tions are accountable, and I believe The legislation unanimously passed Mr. Speaker, as a result, the Dodd- this bill is an important step to ensure the Financial Services Committee last Frank Act mandated myriad regu- that the inflated ratings that led up to month, and I was pleased to be a part latory requirements on these NRSROs the financial crisis are not repeated. that were aimed at enhancing their dis- of that. Mr. Speaker, I support H.R. 3911. I closure and transparency. While some At this time I would like to commend thank Representatives FOSTER and of these provisions may have been con- the bipartisan work of Representatives WAGNER for their bipartisan work on structive, several created new barriers WAGNER and FOSTER on this important this bill, and I reserve the balance of to entry and further entrenched a type bill. I encourage all of my colleagues to my time. of rating agency oligopoly that has not vote in favor of H.R. 3911. served investors or the economy well. Mr. Speaker, I reserve the balance of Mr. HUIZENGA. Mr. Speaker, I yield The Dodd-Frank Act follows a ‘‘reg- my time. such time as she may consume to the Mr. KILDEE. Mr. Speaker, I yield istration, not regulation’’ approach. gentlewoman from Missouri (Mrs. WAG- myself such time as I may consume. While it does not require the SEC—the NER), who is the author of this bill and Mr. Speaker, I think the House chair of the Financial Services Over- Securities and Exchange Commission— should note that the Speaker and the to regulate or evaluate the rating sight and Investigations Subcommittee two gentlemen controlling the time are and, as I had said, sponsor of this legis- agencies’ methodologies or models, it from the greatest State, the great does seek to ensure that ratings are lation. State of Michigan, so I think we are in Mrs. WAGNER. Mr. Speaker, I thank based on an objective application of good hands. the methodologies and that commer- the chairman of the Capital Markets, cial considerations do not influence b 1415 Securities, and Investments Sub- ratings decisions. Mr. Speaker, I rise today in support committee, my friend and colleague, Specifically, section 932, creates the of H.R. 3911, which is offered, as my Mr. HUIZENGA, for his support. Office of Credit Ratings at the Securi- colleague has said, in a bipartisan fash- Mr. Speaker, first, I also wish to ties and Exchange Commission, which ion by Representatives WAGNER and thank the ranking member and Con- imposes more stringent conflict-of-in- FOSTER. gressman FOSTER for his support of terest regulations on credit rating This legislation would allow the Se- this issue both in the 114th Congress agencies and gives the compliance offi- curities and Exchange Commission to and the 115th Congress.

VerDate Sep 11 2014 02:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.013 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8547 H.R. 3911, the Risk-Based Credit Ex- and my sincere belief that that is the tory institution to higher capital standards amination Act, makes the criteria re- approach that the SEC will take upon with respect to a high volatility commercial quired in annual reporting by nation- passage and enactment of this legisla- real estate (HVCRE) exposure (as such term ally recognized statistical rating orga- tion. It is a step in the right direction, is defined under section 324.2 of title 12, Code nizations, or NRSROs, just that: risk and I urge my colleagues to support of Federal Regulations, as of October 11, 2017, based. this legislation. or if a successor regulation is in effect as of In 2008, the financial crisis taught us Mr. Speaker, I yield back the balance the date of the enactment of this section, many lessons. It also highlighted how of my time. such term or any successor term contained NRSROs regularly gave high ratings to Mr. HUIZENGA. Mr. Speaker, I in such successor regulation) if such expo- mortgage-backed securities. As we now would like to echo the words of my col- sure is an HVCRE ADC loan. know, these mortgage-backed securi- league from Michigan: a bipartisan, ‘‘(b) HVCRE ADC LOAN DEFINED.—For pur- ties led to one of the largest financial unanimous bill coming out of the Fi- poses of this section and with respect to a collapses, which some economists have nancial Services Committee deserves depository institution, the term ‘HVCRE put on par with the Great Depression of the support of this House. We are very ADC loan’— pleased that we have been able to ‘‘(1) means a credit facility secured by land the 1930s. or improved real property that, prior to In 2010, with the passage of Dodd- strike this accommodation, this bal- being reclassified by the depository institu- Frank and in an attempt to prevent ance, between making sure that those tion as a Non-HVCRE ADC loan pursuant to previous mistakes, these organizations rating agencies that truly did have a subsection (d)— were hit with new requirements aimed hand in causing our economic down- ‘‘(A) primarily finances, has financed, or at enhancing their disclosures and turn are separated from those smaller refinances the acquisition, development, or transparency. Unfortunately, the one- institutions that really had nothing to construction of real property; size-fits-all annual reporting require- do with that. ‘‘(B) has the purpose of providing financing ments mandated under section 932 of Now, with this overregulation that to acquire, develop, or improve such real property into income-producing real prop- Dodd-Frank placed unnecessary bur- has occurred due to Dodd-Frank, I have erty; and dens and compliance costs on small really been put at a disadvantage and, ‘‘(C) is dependent upon future income or NRSROs that were in no way the cause ironically, have lowered competition in sales proceeds from, or refinancing of, such of the financial crisis. this space. So we believe that we are real property for the repayment of such cred- Contrary to what some might be- restoring some commonsense provi- it facility; lieve, more regulation doesn’t solve ev- sions back into the law. With that, I ‘‘(2) does not include a credit facility fi- erything; in fact, it doesn’t solve most would like to encourage all of my col- nancing— things. leagues to vote for H.R. 3911. ‘‘(A) the acquisition, development, or con- After the Office of Credit Ratings was Mr. Speaker, I yield back the balance struction of properties that are— ‘‘(i) one- to four-family residential prop- created in 2012 and the new require- of my time. erties; ments were put into place, smaller The SPEAKER pro tempore. The ‘‘(ii) real property that would qualify as an NRSROs found it difficult to enter the question is on the motion offered by investment in community development; or marketplace. Ironically, the large cred- the gentleman from Michigan (Mr. ‘‘(iii) agricultural land; it rating agencies—which, again, had a HUIZENGA) that the House suspend the ‘‘(B) the acquisition or refinance of exist- hand in the financial crisis—are get- rules and pass the bill, H.R. 3911. ing income-producing real property secured ting bigger, driving out small credit The question was taken. by a mortgage on such property, if the cash rating agencies and making it clear The SPEAKER pro tempore. In the flow being generated by the real property is opinion of the Chair, two-thirds being sufficient to support the debt service and ex- that these new regulatory require- penses of the real property, as determined by ments missed their intended mark and in the affirmative, the ayes have it. the depository institution, in accordance placed unnecessary requirements on Mr. HUIZENGA. Mr. Speaker, on that with the institution’s applicable loan under- smaller NRSROs. I demand the yeas and nays. writing criteria for permanent financings; Mr. Speaker, a move to a risk-based The yeas and nays were ordered. ‘‘(C) improvements to existing income-pro- model will alleviate the burden on The SPEAKER pro tempore. Pursu- ducing improved real property secured by a small NRSROs and provide competition ant to clause 8 of rule XX, further pro- mortgage on such property, if the cash flow while continuing to maintain oversight ceedings on this motion will be post- being generated by the real property is suffi- poned. cient to support the debt service and ex- and transparency over the industry. penses of the real property, as determined by The marketplace needs this fix. As the f the depository institution, in accordance chairman noted in a 2013 letter, SEC CLARIFYING COMMERCIAL REAL with the institution’s applicable loan under- Chairman Mary Jo White concurred ESTATE LOANS writing criteria for permanent financings; or with these conclusions. ‘‘(D) commercial real property projects in Let’s be clear. This bill does not Mr. HUIZENGA. Mr. Speaker, I move which— eliminate reporting requirements for to suspend the rules and pass the bill ‘‘(i) the loan-to-value ratio is less than or credit rating agencies; instead, it sim- (H.R. 2148) to amend the Federal De- equal to the applicable maximum super- ply makes the criteria required in an- posit Insurance Act to clarify capital visory loan-to-value ratio as determined by requirements for certain acquisition, the appropriate Federal banking agency; and nual reports risk based. Credit rating ‘‘(ii) the borrower has contributed capital agencies will still be held accountable, development, or construction loans, as amended. of at least 15 percent of the real property’s while allowing real competition in the appraised, ‘as completed’ value to the market. The Clerk read the title of the bill. project in the form of— Mr. Speaker, I urge my colleagues to The text of the bill is as follows: ‘‘(I) cash; support this legislation that is both bi- H.R. 2148 ‘‘(II) unencumbered readily marketable as- partisan and commonsense, something Be it enacted by the Senate and House of Rep- sets; we don’t often see in Washington, D.C. resentatives of the United States of America in ‘‘(III) paid development expenses out-of- Congress assembled, pocket; or Mr. KILDEE. Mr. Speaker, in closing, ‘‘(IV) contributed real property or im- I would just reiterate two things. One, SECTION 1. SHORT TITLE. This Act may be cited as ‘‘Clarifying Com- provements; and I think here is an opportunity for us to mercial Real Estate Loans’’. ‘‘(iii) the borrower contributed the min- demonstrate that there are times when SEC. 2. CAPITAL REQUIREMENTS FOR CERTAIN imum amount of capital described under we come together to deal with specific ACQUISITION, DEVELOPMENT, OR clause (ii) before the depository institution problems in a bipartisan fashion. We CONSTRUCTION LOANS. advances funds under the credit facility, and ought to encourage it, and I am pleased The Federal Deposit Insurance Act is such minimum amount of capital contrib- to be a part of it. amended by adding at the end the following uted by the borrower is contractually re- Again, I would like to reiterate the new section: quired to remain in the project until the credit facility has been reclassified by the point that this legislation is not in- ‘‘SEC. 51. CAPITAL REQUIREMENTS FOR CERTAIN ACQUISITION, DEVELOPMENT, OR depository institution as a Non-HVCRE ADC tended to weaken oversight; in fact, it CONSTRUCTION LOANS. loan under subsection (d); is intended to focus oversight on those ‘‘(a) IN GENERAL.—The appropriate Federal ‘‘(3) does not include any loan made prior areas of greatest risk. It is my hope banking agencies may only subject a deposi- to January 1, 2015; and

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.044 H07NOPT1 H8548 CONGRESSIONAL RECORD — HOUSE November 7, 2017 ‘‘(4) does not include a credit facility re- that finance the acquisition, develop- cial real estate ADC loans by increas- classified as a Non-HVCRE ADC loan under ment, or construction of real property. ing borrowing costs and reducing credit subsection (d). Loans that finance the acquisition, de- availability, which may be contrib- ‘‘(c) VALUE OF CONTRIBUTED REAL PROP- velopment, and construction of one- to uting to a slowdown in commercial real ERTY.—For purposes of this section, the value of any real property contributed by a four-family residential properties, estate lending. borrower as a capital contribution shall be projects that qualify as community de- I commend the bipartisan works of the appraised value of the property as deter- velopment investment, and loans to Representatives PITTENGER and SCOTT mined under standards prescribed pursuant businesses or farms with gross revenue on this important bill. Having passed to section 1110 of the Financial Institutions exceeding $1 million are exempt from the Financial Services Committee by Reform, Recovery, and Enforcement Act of this HVCRE classification. an overwhelmingly bipartisan vote of 1989 (12 U.S.C. 3339), in connection with the In June of 2017, the Treasury Depart- 59–1, there is no reason that we extension of the credit facility or loan to ment released its first report in re- shouldn’t have the same overwhelming such borrower. ‘‘(d) RECLASSIFICATION AS A NON-HVCRE sponse to the President’s February 2017 bipartisan support for H.R. 2148 today. ADC LOAN.—For purposes of this section and ‘‘Core Principles for Regulating the Mr. Speaker, I encourage all of my with respect to a credit facility and a deposi- United States Financial System,’’ in- colleagues to vote in favor of H.R. 2148, tory institution, upon— forming the administration’s perspec- and I reserve the balance of my time. ‘‘(1) the completion of the development or tive to regulate the financial system. b 1430 construction of the real property being fi- The report, entitled, ‘‘A Financial Sys- nanced by the credit facility; and tem That Creates Economic Opportuni- Mr. KILDEE. Mr. Speaker, I yield ‘‘(2) cash flow being generated by the real ties—Banks and Credit Unions,’’ calls myself such time as I may consume. property being sufficient to support the debt Mr. Speaker, I also rise today to sup- service and expenses of the real property, on regulators to simplify and clarify the definition of these HVCRE loans to port H.R. 2148, and I want to start by in either case to the satisfaction of the de- thanking the gentleman from Georgia pository institution, in accordance with the avoid the application of excessively (Mr. DAVID SCOTT) and the gentleman institution’s applicable loan underwriting stringent postcrisis capital require- criteria for permanent financings, the credit ments and concentration limits related from North Carolina (Mr. PITTENGER) facility may be reclassified by the depository to such loans, but does not identify for their work on this bipartisan legis- institution as a Non-HVCRE ADC loan.’’. specific language and changes. lation, a bill that deals with capital The SPEAKER pro tempore. Pursu- Additionally, in September of this rules for commercial real estate loans, ant to the rule, the gentleman from past year, the OCC, FDIC, and the Fed- including acquisition, development, or Michigan (Mr. HUIZENGA) and the gen- eral Reserve proposed a rule that at- construction loans. tleman from Michigan (Mr. KILDEE) tempted to simplify the regulatory It is critical that Federal bank regu- each will control 20 minutes. capital calculations for these HVCREs. lators maintain the strong capital The Chair recognizes the gentleman The proposal would change the current rules that have been implemented after from Michigan (Mr. HUIZENGA). definition of HVCRE and replace it the enactment of Dodd-Frank. These GENERAL LEAVE with a new definition related to high rules have made the U.S. financial sys- Mr. HUIZENGA. Mr. Speaker, I ask volatility acquisition, development, or tem much safer, while protecting con- unanimous consent that all Members construction loans. HVADC is what it sumers, investors, and taxpayers in may have 5 legislative days within has been dubbed. promoting stable economic growth. which to revise and extend their re- The complexity of the HVCRE defini- Unlike some proposals that have marks and include extraneous material tion and its uncertain application are been introduced that would gut the on this bill. making it difficult for banks to com- regulatory framework of Dodd-Frank, I The SPEAKER pro tempore. Is there ply. am pleased that this bill reasonably objection to the request of the gen- While we appreciate the various seeks to resolve a valid concern raised tleman from Michigan? banking agencies’ attempt at simpli- by community banks that certain cap- There was no objection. fying the capital treatment of acquisi- ital rules relating to high volatility Mr. HUIZENGA. Mr. Speaker, I yield tion, development, and construction commercial real estate, or HVCRE, myself such time as I may consume. loans, their proposal actually broadens loans are far too complex. This is an Mr. Speaker, in response to the 2008 the number of loans subject to higher issue that financial regulators like the financial crisis, the Basel Committee capital charge. This actually increases FDIC have also acknowledged must be on Banking Supervision, an organiza- the amount capital banks will be re- addressed and must be fixed. tion that, frankly, most citizens might quired to carry for these ADC loans— The problem, in fact, was highlighted not have any idea exists, much less the hardly a simplification. in their Economic Growth and Regu- effects and the influences on their Increases in risk weighting on these latory Paperwork Reduction Act re- banking lives, the Basel Committee on loans have had a significant impact on port, which was published earlier this Banking Supervision agreed to modify institutions’ capital ratios and, as a re- year. internationally negotiated bank regu- sult, have increased costs to borrowers. In September, financial regulators latory standards, known as the Basel If a loan is classified as an HVCRE released a proposal to revise the cap- Accords. This was going to increase loan, the lender will face a lower re- ital rules to make the calculations bank capital requirements. turn on its capital as a result of the more straightforward. This is a good On July 9, 2013, the Federal banking higher capital reserve requirement, step in resolving this issue. regulators here in the United States— meaning they are going to have to hold Although I am supportive of H.R. including the Federal Reserve; the Fed- more capital. This will lead to in- 2148, there are some concerns that I eral Deposit Insurance Corporation, creased pricing on the loan, including a have heard and that I can appreciate, FDIC; and the Office of the Comptroller higher interest rate for the borrower. including that it could provide for of the Currency, OCC—all issued a final H.R. 2148, Clarifying Commercial more rigid definitions relating to cap- rule to implement most of the so-called Real Estate Loans, introduced by my ital rules. Basel III recommendations, including colleagues Representatives PITTENGER The highly technical standards are modifications to capital requirements. and SCOTT, helps address the uncer- important, though, to demonstrate Basel III imposes new rules for high tainty related to the Basel capital congressional intent. But Congress volatility commercial real estate, also rules and its impact on certain acquisi- may not need to act, if bank regulators known as HVCREs. tion, development, or construction correct the problem on their own. Unfortunately, we have a lot of acro- loans. The bill clarifies the types of In addition, according to the FDIC nyms in the Financial Services space, loans that should and should not be Inspector General, commercial real es- but you will be hearing a lot about classified as HVCREs and which types tate loans generally account for more these HVCREs over the course of the of equity can be used to meet capital than one-third of community bank next few minutes. requirements. lending. The GAO found that failure of These HVCRE rules are those which Currently, that uncertainty is cre- many small banks in the last crisis the regulations characterize as loans ating confusion and affecting commer- were ‘‘driven by credit losses on CRE

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.014 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8549 loans, particularly loans secured by gentlewoman from New York (Mrs. quirement is unnecessarily burdensome real estate to finance land development CAROLYN B. MALONEY), a distinguished and does not add protection at all. Re- and construction.’’ We have to be cau- member of the Financial Services Com- moving it will streamline the capital tious, and we should be sensitive to mittee. rules for banks and make it easier to these risks. Mrs. CAROLYN B. MALONEY of New finance job-creating projects. The regu- Notwithstanding all of those legiti- York. Mr. Speaker, I thank the gen- lators have proposed to remove this en- mate concerns that we should keep in tleman for yielding and for his leader- tire requirement, and I agree. mind, I support this legislation and ship on this and so many issues. Under current law, banks have to hope that it will send a clear signal to Mr. Speaker, I rise today to support hold more capital when the property is the regulators that they should con- H.R. 2148, which clarifies and simplifies vacant and not producing any income. sider and address any comments on the capital rules for commercial real So the bill clarifies that when a prop- their proposed rule without delay that estate loans. erty does start to produce sufficient in- is fully sensitive to the risks that I This bill addresses an important come to cover the debt service pay- have discussed. issue, which is that the capital require- ments to the bank, then the loan is Importantly, in committee, Con- ments for commercial real estate loans much safer, and thus is eligible for cap- gresswoman MALONEY offered an are overly complex for banks and un- ital relief, removing the 150 percent amendment that I was pleased was necessarily punish certain types of surcharge and going back down to 100 adopted. This amendment better aligns commercial real estate loans and, percent. this bill with the regulators’ proposed thereby, the overall economy. I think this bill is a very good, com- rule to fix this issue. I have had many community bankers monsense bill that fixes a legitimate Mr. Speaker, I urge my colleagues to and real estate developers complain to problem, and I urge my colleagues to support this legislation, H.R. 2148, and me about this, and I think that they support the bill. I believe it will make I reserve the balance of my time. have a point. Even the regulators agree access to capital more fair and will get Mr. HUIZENGA. Mr. Speaker, I yield that these rules are overly complicated it out into the community, creating 5 minutes to the gentleman from North and need to be simplified, so there is jobs. Carolina (Mr. PITTENGER), the vice broad consensus that this is a long- I congratulate all of my colleagues chairman of the Terrorism and Illicit time, legitimate problem that needs to who were part of this process, and I Finance Subcommittee of the Finan- be fixed. support the bill. cial Services Committee and the spon- I thank Chairman HENSARLING and Mr. HUIZENGA. Mr. Speaker, I yield sor of this legislation. Ranking Member WATERS for all their such time as he may consume to the Mr. PITTENGER. Mr. Speaker, hard work on this issue. I also want to gentleman from Pennsylvania (Mr. today, I rise in support of H.R. 2148, the thank Mr. PITTENGER and Mr. SCOTT ROTHFUS), vice chairman of the Finan- Clarifying Commercial Real Estate for working with me during this mark- cial Institutions Subcommittee of Fi- Loans Act. I would also like to thank up on an amendment to strengthen the nancial Services. my colleague, Chairman HUIZENGA, for bill. Mr. ROTHFUS. Mr. Speaker, I thank his leadership on our behalf. The current capital rules punish Mr. HUIZENGA for yielding. This bipartisan legislation makes commercial real estate loans that are Mr. Speaker, I want to start by commonsense reforms to the high vola- considered high volatility, by requiring thanking the gentleman from North tility commercial real estate loan banks to hold additional capital Carolina (Mr. PITTENGER) for leading process and clarifies the existing regu- against them. They have to hold cap- on this important legislation. lations to help simplify real estate fi- ital worth 150 percent for these high I rise today to express my support for nancing in high volatility markets, in- volatility loans, as opposed to the nor- the Clarifying Commercial Real Estate cluding economically depressed urban mal 100 percent for other commercial Loans act. communities. real estate loans. The Financial Institutions Sub- The complexity of the current These high volatility commercial committee has spent a significant HVCRE definition, combined with the real estate loans, or HVCRE loans, are amount of time analyzing the state of failure of Federal regulators to clarify usually made so that a borrower can bank lending. Not surprisingly, aside and define HVCRE rules and how and purchase vacant or undeveloped land, from loans from major banks to major where they are to be applied, has made which they then will build on or hold corporations, we found that bank lend- certain that these development loans for a later time. ing in today’s regulatory environment have become way too expensive. This But the capital rules for these is weak. We need to jump-start our eco- has increased borrowing costs and re- HVCRE loans were extremely complex nomic growth once again, so we are duced credit availability. and led to a great deal of confusion going to need to find ways to address These failures directly impact local about which loans were considered high some of the unintended consequences communities. We have seen fewer jobs, volatility and which were not. of the rules coming out of Washington, less economic growth, and increased The regulators finally did propose a D.C. costs for community projects, in addi- rule to simplify the treatment of high The high volatility commercial real tion to setbacks for local banks and de- volatility commercial real estate loans estate loan designation is one such fea- velopers. just a few weeks ago. This bill address- ture that has inhibited growth and op- My bipartisan legislation addresses es the same issue as the regulators’ portunity. The complexity and ambi- many of these concerns by broadening proposed rule by simplifying the cap- guity of HVCRE makes it hard for the types of equity the developer may ital rules for commercial real estate banks to comply. This drives up bor- place towards the heightened risk re- loans. rowing costs for real estate developers quirements of an HVCRE loan. We also I offered an amendment in com- and prevents entrepreneurs from en- clarify which types of loans should and mittee that further aligned the bill gaging in the types of activities that should not be classified as HVCRE. We with the best parts of the regulators’ create jobs and opportunity. must codify and improve the HVCRE proposed rule, which I think ultimately This legislation will bring clarity and rules to ensure market and industry strengthened and improved the bill. common sense to HVCRE require- . The bill would simplify the capital ments, and I ask that my colleagues Mr. Speaker, I thank Congressman rules by removing the so-called con- support the Clarifying Commercial DAVID SCOTT, Congresswoman CAROLYN tributed capital requirement, which re- Real Estate Loans act, which is impor- MALONEY, and Ranking Member quires very complicated calculations tant legislation. WATERS, who actively worked with me and forces banks to project the value of Mr. KILDEE. Mr. Speaker, I yield on this important legislation. Please the property years into the future, myself such time as I may consume. join us in supporting this common- which is extremely difficult, if not im- Mr. Speaker, I thank my friend, Mr. sense, bipartisan legislation. possible, to do. HUIZENGA, for his work on this. I also Mr. KILDEE. Mr. Speaker, I yield Even the regulators have concluded thank Mr. PITTENGER and Mr. SCOTT as such time as she may consume to the that this entire contributed capital re- well.

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.048 H07NOPT1 H8550 CONGRESSIONAL RECORD — HOUSE November 7, 2017 This is a piece of legislation, again, SEC. 2. EXPANSION OF MENTAL HEALTH CARE ‘‘(2) provide referral services to assist as the previous legislation did, that FOR CERTAIN FORMER MEMBERS former members who are not eligible for OF THE ARMED FORCES. services under this chapter to obtain services demonstrates that we do have the ca- (a) IN GENERAL.—Chapter 17 of title 38, pability of solving a problem and com- from sources outside the Department. United States Code, is amended by inserting ‘‘(e) INFORMATION.—The Secretary shall ing together on specific issues when we after section 1720H the following new sec- provide information on the mental health can. tion: care services available under this section. In this case, we have legislation that, ‘‘§ 1720I. Expansion of mental health care for Efforts by the Secretary to provide such in- I think, strikes that important balance certain former members of the Armed formation— in maintaining important regulations Forces ‘‘(1) shall include availability of a toll-free and standards in place that prevent the ‘‘(a) IN GENERAL.—The Secretary shall fur- telephone number (commonly referred to as kind of catastrophes that we have seen nish to former members of the Armed Forces an 800 number); described in subsection (b)— ‘‘(2) shall ensure that information about in the past, but also, in this case, an- ‘‘(1) an initial mental health assessment; the mental health care services available ticipates that there is a legitimate and under this section— problem that needs to be solved, par- ‘‘(2) the mental health care services au- ‘‘(A) is revised and updated as appropriate; ticularly in this case, in ensuring that thorized under this chapter that the Sec- ‘‘(B) is made available and visibly posted development can occur in those places retary determines are required to treat the at appropriate facilities of the Department; where it is often very difficult to see mental health care needs of the former mem- and development take place. This is some- ber, including risk of suicide or harming oth- ‘‘(C) is made available to State veteran thing that is absolutely critical and ers. agencies and through appropriate public in- ‘‘(b) FORMER MEMBERS OF THE ARMED formation services; and makes sense. This legislation strikes a FORCES DESCRIBED.—A former member of the ‘‘(3) shall include coordination with the good balance between those competing Armed Forces described in this subsection is Secretary of Defense seeking to ensure that interests. an individual who meets the following cri- members of the Armed Forces and individ- Mr. Speaker, I urge my colleagues to teria: uals who are being separated from active support this, and I yield back the bal- ‘‘(1) The individual is a former member of military, naval, or air service are provided ance of my time. the Armed Forces, including the reserve appropriate information about programs, re- Mr. HUIZENGA. Mr. Speaker, I yield components, who— quirements, and procedures for applying for ‘‘(A) served in the active military, naval, myself such time as I may consume. mental health care services under this sec- or air service, and was discharged or released tion. Mr. Speaker, I encourage all of my therefrom under a condition that is not hon- ‘‘(f) ANNUAL REPORTS.—Each year, the Sec- colleagues to support H.R. 2148. I com- orable except— retary shall submit to Congress an annual mend my good friend, Mr. PITTENGER, ‘‘(i) dishonorable; or report on the mental health care services for his great work on this. Again, I ‘‘(ii) bad conduct discharge; provided pursuant to this section. Each re- point out that this bill came out of the ‘‘(B) has applied for a character of service port shall include data for the year covered Financial Services Committee on a bi- determination and such determination has by the report with respect to each of the fol- partisan vote of 59–1. We think that not been made; and lowing: ‘‘(C) is not otherwise eligible to enroll in ‘‘(1) The number of individuals who re- this is a commonsense, reasonable ac- the health care system established by sec- ceived mental health care services under commodation for a problem that has tion 1705 of this title by reason of such dis- subsection (a), disaggregated by the number been created by Dodd-Frank, and we charge or release not meeting the require- of men who received such services and the are glad that, on a bipartisan basis, we ments of section 101(2) of this title. number of women who received such serv- can be addressing that. ‘‘(2) While serving in the Armed Forces— ices. Mr. Speaker, I yield back the balance ‘‘(A) the former member was deployed in a ‘‘(2) Such other information as the Sec- of my time. theater of combat operations or an area at a retary considers appropriate.’’. The SPEAKER pro tempore (Mr. time during which hostilities occurred in (b) CLERICAL AMENDMENT.—The table of that area; sections at the beginning of chapter 17 of SIMPSON). The question is on the mo- ‘‘(B) participated in or experienced such title 38, United States Code, is amended by tion offered by the gentleman from combat operations or hostilities, including inserting after the item relating to section Michigan (Mr. HUIZENGA) that the by controlling an unmanned aerial vehicle 1720H the following new item: House suspend the rules and pass the from a location other than such theater or ‘‘1720I. Expansion of mental health care for bill, H.R. 2148, as amended. area; or certain former members of the The question was taken; and (two- ‘‘(C) was the victim of a physical assault of Armed Forces.’’. thirds being in the affirmative) the a sexual nature, battery of a sexual nature, SEC. 3. CHARACTER OF SERVICE DETERMINA- rules were suspended and the bill, as or sexual harassment (as defined in section TIONS. 1720D(f) of this title). amended, was passed. (a) IN GENERAL.—Chapter 53 of title 38, ‘‘(c) NON-DEPARTMENT CARE.—(1) In fur- United States Code, is amended by inserting A motion to reconsider was laid on nishing mental health care services to an in- after section 5303A the following new sec- the table. dividual under this section, the Secretary tion: may provide such mental health care serv- ‘‘§ 5303B. Character of service determinations f ices at a non-Department facility if— ‘‘(A) in the judgment of a mental health ‘‘(a) DETERMINATION.—The Secretary shall b 1445 professional employed by the Department, establish a process by which an individual the receipt of mental health care services by who served in the Armed Forces and was dis- VETERAN URGENT ACCESS TO that individual in facilities of the Depart- charged or dismissed therefrom may seek a MENTAL HEALTHCARE ACT ment would be clinically inadvisable; or determination from the Secretary with re- ‘‘(B) facilities of the Department are not spect to whether such discharge or release Mr. BILIRAKIS. Mr. Speaker, I move capable of furnishing such mental health was under a condition that bars the right of to suspend the rules and pass the bill care services to that individual economically such individual to a benefit under the laws (H.R. 918) to amend title 38, United because of geographical inaccessibility. administered by the Secretary based upon States Code, to direct the Secretary of ‘‘(2) The Secretary shall carry out para- the period of service from which discharged Veterans Affairs to furnish mental graph (1) pursuant to section 1703 of this or dismissed. ‘‘(b) PROVISION OF INFORMATION.—If the health care to certain former members title or any other provision of law author- izing the Secretary to enter into contracts Secretary determines under subsection (a) of the Armed Forces who are not other- or agreements to furnish hospital care and that an individual is barred to a benefit wise eligible to receive such care, and medical services to veterans at non-Depart- under the laws administered by the Sec- for other purposes, as amended. ment facilities. retary, the Secretary shall provide to such The Clerk read the title of the bill. ‘‘(d) SETTING AND REFERRALS.—In fur- individual information regarding the ability The text of the bill is as follows: nishing mental health care services to an in- of the individual to address such condition, dividual under this section, the Secretary including pursuant to section 5303 of this H.R. 918 shall— title and chapter 79 of title 10.’’. Be it enacted by the Senate and House of Rep- ‘‘(1) seek to ensure that such mental (b) CLERICAL AMENDMENT.—The table of resentatives of the United States of America in health care services are furnished in a set- sections at the beginning of such chapter is Congress assembled, ting that is therapeutically appropriate, tak- amended by inserting after the item relating SECTION 1. SHORT TITLE. ing into account the circumstances that re- to section 5303A the following new item: This Act may be cited as the ‘‘Veteran Ur- sulted in the need for such mental health ‘‘5303B. Character of service determina- gent Access to Mental Healthcare Act’’. care services; and tions.’’.

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0655 E:\CR\FM\K07NO7.049 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8551 The SPEAKER pro tempore. Pursu- Mr. WALZ. Mr. Speaker, I yield my- a priority to address this problem, ant to the rule, the gentleman from self such time as I may consume. there are still many combat veterans Florida (Mr. BILIRAKIS) and the gen- Mr. Speaker, I would like to thank left without access to VA mental tleman from Minnesota (Mr. WALZ) the gentleman from Florida for his healthcare services. each will control 20 minutes. long service to this Nation’s veterans, Here is what we know. An average of The Chair recognizes the gentleman as well as his family’s service to our 20 veterans commit suicide daily. VA from Florida. veterans. It is appropriate we are here evidence suggests a decrease in suicide GENERAL LEAVE the week of Veterans Day bringing im- risk among those who have received Mr. BILIRAKIS. Mr. Speaker, I ask portant legislation to the floor once VA healthcare services. In May 2017, unanimous consent that all Members again, a committee that understands the Government Accountability Office have 5 legislative days to revise and ex- our responsibility, is not political or found that 62 percent of the over 91,000 tend their remarks and to include ex- partisan, it is to this Nation’s veterans servicemembers who were separated for traneous material on H.R. 918, as in keeping the promise. misconduct from 2011 to 2015 had been amended. Mr. Speaker, I do rise in strong sup- diagnosed with PTSD, TBI, or other The SPEAKER pro tempore. Is there port of H.R. 918, as amended, the Vet- conditions that would be associated objection to the request of the gen- eran Urgent Access to Mental with misconduct. tleman from Florida? Healthcare Act offered by Mr. COFF- Of those veterans, 23 percent, or There was no objection. MAN. 13,282, received an other than honor- Mr. BILIRAKIS. Mr. Speaker, I yield I would also like to take note of the able discharge, leaving them without myself such time as I may consume. work that Mr. COFFMAN has done on access to VA’s critical mental Mr. Speaker, I rise today in support many issues. This one, in particular, is healthcare services. of H.R. 918, as amended, which was in- near and dear to my heart. His leader- As a Marine Corps combat veteran, I troduced by my friend and longtime ship has helped get us to the point like to live by the rule that we never committee member, the gentleman where we are making progress on this. leave anyone behind. Unfortunately, from Colorado (Mr. COFFMAN). As you heard the gentleman from the military routinely used the other Mr. Speaker, there have been a num- Florida say, the issues that come with than honorable discharge to rid itself ber of different names for stress-re- service in this Nation’s military can be of combat veterans who were des- lated military health conditions physical injury or they can be the men- ignated as having disciplinary prob- throughout our Nation’s history: battle tal injuries of war. We also understand lems and who often had documented fatigue, combat stress reaction, shell that with that comes changes in behav- medical histories of PTSD, rather than shock, post-traumatic stress disorder. ior, and there are reasons that people providing them with the treatment and Too often we see military personnel are removed from service, and I am in- rehabilitation they so desperately returning home with difficulties ad- credibly proud that this committee has needed. justing to civilian life. For many re- taken this issue head-on. Of those who While the correlation between their turning servicemembers, these are removed because of issues that mental health condition and minor stressors affect one’s postdeployment, they started to acquire from their serv- misconduct could be linked, this fact especially those receiving other than ice in uniform, this legislation is going made no difference to their character honorable discharges. to ensure that those people with less of discharge. Under current law, military per- than honorable discharges get the care; Mr. Speaker, my legislation, H.R. 918, sonnel who separate under this status specifically, focusing on military sex- the Veteran Urgent Access to Mental are not eligible for healthcare benefits ual trauma, the idea that we have war- Healthcare Act, seeks to correct this. or general services typically offered to riors in uniform who are assaulted, in Historically, a veteran with an other honorable or generally discharged vet- many cases, by fellow servicemembers, than honorable discharge has been able erans through the Department of Vet- and because of the inability to re- to seek VA care for a service-connected erans Affairs. integrate in that unit, they are dis- disability. However, due to the way Mr. Speaker, I want to be clear, I charged with less than honorable these combat veterans were discharged firmly believe that discharge status is paper, precluding them from getting and because of a failure to connect the an important tool for military leader- the services that they have earned. dots between their minor misconduct ship, a tool which helps preserve order With more than 20 veterans a day— and their mental health condition, the and discipline among the ranks. Re- and I think those numbers are probably Department of Defense has failed to moving the proverbial bad apples from low—taking their own lives, this issue recognize this as a problem. the bushel is key to maintaining a co- of making sure that all servicemem- H.R. 918 will stay with tradition and hesive unit structure. bers and all veterans have access to correct this disconnect by authorizing However, there also seems to be an mental healthcare, removing those bar- mental healthcare services for these evolving trend of soldiers who receive riers, is of prime importance. other than honorably discharged com- other than honorable discharges as a Secretary Shulkin has made the first bat veterans. This bill also requires an result of their military experience, step in this. Mr. COFFMAN has contin- initial mental health assessment and rather than simply being a bad or inef- ued to make sure that this committee directs the VA Secretary to establish a fective soldier. stays focused on this, continuing to formal character of service determina- In fact, according to the Medal of add more and more access. For that, tion process to trigger reviews of their Honor Society, there are no fewer than this legislation ensures the initiative discharges for potential eligibility for eight Medal of Honor recipients who becomes permanent. It puts it into law VA benefits. have received other than honorable dis- and it takes us the next step forward. Mr. Speaker, before the rate of vet- charges. H.R. 918, as amended, would For that, I am grateful. eran suicides increases any more, it is provide that those combat veterans Mr. Speaker, I reserve the balance of time to right this wrong and perma- who receive other than honorable dis- my time. nently authorize mental healthcare charge statuses would be eligible to re- Mr. BILIRAKIS. Mr. Speaker, I agree services for some of our Nation’s most ceive critical mental health assess- with the ranking member 100 percent. vulnerable veterans. When someone ments and services from the Depart- This needs to be done. It is long over- puts on the uniform, they take an oath ment of Veterans Affairs. It is only due, and thanks to my good friend, Mr. to defend our freedoms. We, in turn, as right, Mr. Speaker. COFFMAN, it is going to get done. a nation, promise to make sure they Again, I appreciate the hard work Mr. Speaker, I yield 5 minutes to the receive the care and the services they and forward thinking of my friend from gentleman from Colorado (Mr. COFF- need after returning from the battle- Colorado, who is also a veteran, Mr. MAN). field. COFFMAN. I urge my colleagues to sup- Mr. COFFMAN. Mr. Speaker, as we As we approach Veterans Day, I en- port this measure. approach Veterans Day, our Nation is courage my colleagues to keep that Mr. Speaker, I reserve the balance of still faced with the epidemic of veteran promise for these combat veterans with my time. suicide. And while the VA has made it other than honorable discharges and to

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.052 H07NOPT1 H8552 CONGRESSIONAL RECORD — HOUSE November 7, 2017 support the passage of H.R. 918. I thank Mr. BILIRAKIS. Mr. Speaker, I am in the State of Hawaii, who are sepa- Chairman ROE and Ranking Member prepared to close, and I reserve the bal- rated literally by a body of water from WALZ for their support of this legisla- ance of my time. the VA clinic. tion. Mr. WALZ. Mr. Speaker, I have two The Veteran Urgent Access to Mental Mr. WALZ. Mr. Speaker, I yield 3 more speakers. Healthcare Act would also mandate the minutes to the gentleman from Texas Mr. Speaker, I yield 3 minutes to the VA to provide additional information (Mr. O’ROURKE), the ranking member of gentlewoman from Hawaii (Ms. for mental health services for veterans the Subcommittee on Economic Oppor- GABBARD), a veteran herself, a veteran and to ensure that they provide annual tunity, but, more importantly, prob- of the conflicts in Iraq, and a strong reports to Congress on those services ably the most effective voice in this voice for our veterans and specifically that they have been providing to our Congress on veterans’ mental health for our veterans with mental health veterans. and suicide. issues. This is such an important piece of Mr. O’ROURKE. Mr. Speaker, I thank Ms. GABBARD. Mr. Speaker, I would legislation. I urge all of our colleagues the gentleman from Minnesota, our like to thank my fellow veteran and to stand up and support its passage and ranking member on the committee, for friend and colleague from Minnesota see it through to its enactment. We yielding. for being such a strong advocate on cannot afford to leave our men and Mr. Speaker, we have a crisis in sui- this issue. I also thank our friends on women in uniform behind. cide among veterans today in this the other side of the aisle who have Mr. BILIRAKIS. Mr. Speaker, I re- country. The official estimate, which I been pushing this issue forward con- serve the balance of my time. Mr. WALZ. Mr. Speaker, I yield 2 agree with the ranking member, is stantly year after year, as we will con- minutes to the gentleman from Wash- probably an estimate that is too low: tinue to do so until this issue is re- ington (Mr. KILMER), who, since coming 20. I think the real number is much solved. to Congress, has focused on the issues higher than that, but 20 a day, we know So many of our servicemembers have of care for veterans, and for that I am for sure, are taking their own lives in selflessly put their lives on the line to this country after they have put those grateful. protect and defend our country. Our Mr. KILMER. Mr. Speaker, I thank same lives on the line for this country. country owes them a debt of gratitude, Amidst that crisis, we know that the gentleman for yielding, and I thank something we are often reminded of those veterans who have an other than my colleagues across the aisle for every year around this time as we head honorable discharge are taking their working on this issue. into Veterans Day. lives at twice the rate of those vet- I think it is particularly powerful Unfortunately, too often, our fellow erans who have an honorable discharge. when what happens in this marble Thanks to Mr. COFFMAN, my col- servicemembers are coming home and building isn’t some distant theoretical league from across the aisle, thanks to they are being prevented from receiv- policy conversation. This actually af- the bipartisan support of the House ing the care that they have earned fects people in each of our districts. Veterans’ Affairs Committee, and the through their service. They bear the I first learned about this issue about leadership from the chairman and the brunt of the human cost of war with an a year and a half ago. I was at home ranking member, we are beginning to average of 20 veterans committing sui- talking to a group of veterans at the address that, in ensuring that the 22,000 cide every single day. Their families University of Washington Tacoma. We veterans who have an other than hon- carry this sacrifice and this cost were discussing their service to our Na- orable discharge since 2009, who in- throughout their lives. tion and some of the challenges that curred post-traumatic stress disorder The rate of mental health and sub- they had experienced in coming home. or military sexual trauma while in stance use disorders has been steadily Then the conversation took an unex- service to this country will now be able rising since 2001. This legislation is bi- pected turn. One of the veterans talked to see mental healthcare providers. Be- partisan and would require the VA to about a servicemember, who is a friend, fore this, they were precluded from provide urgent mental healthcare serv- who had gone overseas, and, in his that. ices, including an initial mental health words: Had seen quite a lot. He said I want to thank the Trump adminis- assessment to veterans who have par- when that veteran came home, he tration and especially Secretary ticipated in combat operations or who wasn’t quite the same person that he Shulkin for doing the most that they have survived sexual assault or harass- had been. Unfortunately, those chal- could administratively to see these ment. lenges led to some substance issues, veterans in crisis in emergency rooms, It would also expand those services and then to an other than honorable but we need to take the next step and to those who received a discharge discharge. ensure that they have preventative under certain other than honorable As a consequence, as he explained, care, continuous care, and continuity conditions who haven’t received the that veteran was unable to get mental in that care going forward so that we character of service or discharge deter- healthcare treatment through the Vet- save more of these lives. mination yet. erans Administration. Here was a vet- Given what these veterans have laid We have heard already about the eran, someone who sacrificed for his down for this country, what they have high numbers of veterans who fall into country, who was unable to get the done for the United States, making us this category and about how negatively services he earned, due to a condition stronger and better, serving at less this discharge has affected their lives. that he most likely developed through than 1 percent since 9/11 so that so When they come home, they are work- that service. many others do not have to serve, the ing on their transition to a successful Coming back to this Washington, I least we can do is to make sure that civilian life. This discharge takes away was honored to cosponsor this bill, and they have access to the care that they their access to healthcare. It takes I appreciate the work of Representa- have earned. away their access to services and bene- tive COFFMAN, and other colleagues, in I want to thank Mr. COFFMAN and his fits that they have earned through, advancing this important bill. team, the minority and the majority many times, multiple deployments, This bill is simple. It allows veterans staffs for incorporating the best ideas services that are in place to help set discharged in an other than honorable from both sides of the aisle to make our veterans up for success upon their status to be screened for urgent mental sure that we have a bill that will be- return home. health conditions and are found to be come law that ensures that we do our In addition, this bill would require eligible for treatment. best for our veterans. the VA to provide services at non-VA While I appreciate the fact that the Mr. Speaker, I also want to thank facilities for veterans who live in rural VA has voluntarily adopted this policy our colleagues on the other side of the or underserved communities. on its own, we need to make sure that Capitol, in the Senate, especially Sen- this becomes law to ensure that future ator MURPHY, who worked on the com- b 1500 administrations help the thousands of panion legislation of this, to make sure I can’t state enough how important veterans who have served our Nation that we have something to bring to the this is because it affects those veterans and might otherwise be denied needed President’s desk. in my district, and on different islands treatment.

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.053 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8553 Mr. Speaker, I urge my colleagues to ble for a transplant procedure from the De- in the community under Choice, H.R. support this legislation. partment, the Secretary may provide for an 1133, as amended, would amend the Mr. WALZ. Mr. Speaker, I yield my- operation on a live donor to carry out such Choice Program to allow VA to pay for self such time as I may consume. procedure for such veteran, notwithstanding any care or services a live donor may that the live donor may not be eligible for Mr. Speaker, in closing, I want to health care from the Department. require to carry out a transplant proce- thank all of the speakers here who laid ‘‘(2) OTHER SERVICES.—Subject to the avail- dure for an eligible veteran, notwith- out exactly what this bill does. It is ability of appropriations for such purpose, standing that the live donor may not the right thing to do. It is something the Secretary shall furnish to a live donor be eligible for VA healthcare. that needs to move forward. any care or services before and after con- I thank my friend from Texas, Con- I would also suggest that, as we ap- ducting the transplant procedure under para- gressman CARTER, for his dedication to proach Veterans Day, one of the best graph (1) that may be required in connection solving this problem for his con- ways we can honor those who gave with such procedure. stituent, Mr. Nelson, and for veterans ‘‘(3) USE OF NON-DEPARTMENT FACILITIES.— service to this country is conduct our In carrying out this subsection, the Sec- and families across the country. This is business in the House of Representa- retary may provide for the operation de- how Congress should work. He is a tives the way it was done on this piece scribed in paragraph (1) on a live donor and great representative, and I am really of legislation: in a bipartisan manner, furnish to the live donor the care and serv- proud to serve with him. with common goals, common values, ices described in paragraph (2) at a non-De- Mr. Speaker, I urge all of my col- smart thinking that was put into it to partment facility pursuant to an agreement leagues to join me in supporting H.R. move this forward for the care of a fel- entered into by the Secretary under this sec- 1133, as amended, and I reserve the bal- low citizen, and doing the right thing. tion. The live donor shall be deemed to be an ance of my time. So, for that, I thank everyone in- individual eligible for hospital care and med- Mr. WALZ. Mr. Speaker, I yield my- ical services at a non-Department facility volved with this, and I urge my col- pursuant to such an agreement solely for the self such time as I may consume. leagues to support H.R. 918. purposes of receiving such operation, care, Mr. Speaker, I rise in strong support Mr. Speaker, I yield back the balance and services at the non-Department facil- of H.R. 1133. of my time. ity.’’. And, again, the gentleman was very Mr. BILIRAKIS. Mr. Speaker, in clos- The SPEAKER pro tempore. Pursu- clear: by allowing the VA to provide ing, once again, I encourage all Mem- ant to the rule, the gentleman from healthcare to non-VA eligible donors, bers to support this legislation. Let’s Florida (Mr. BILIRAKIS) and the gen- veterans can more easily receive life- get it through the Senate, as well, and tleman from Minnesota (Mr. WALZ) saving donations from their families get it on the President’s desk, as he each will control 20 minutes. and friends. Family members of vet- supports it. The Chair recognizes the gentleman erans are often the best match for pro- Mr. Speaker, I yield back the balance from Florida. viding a veteran with a live organ do- of my time. GENERAL LEAVE nation and are typically more willing The SPEAKER pro tempore. The Mr. BILIRAKIS. Mr. Speaker, I ask to be a live donor. question is on the motion offered by unanimous consent that all Members Under current law, a veteran can re- the gentleman from Florida (Mr. BILI- have 5 legislative days in which to re- ceive only a live organ donation from RAKIS) that the House suspend the rules vise and extend their remarks and in- another veteran receiving the trans- and pass the bill, H.R. 918, as amended. clude extraneous material on the bill, plant at a VA hospital. The question was taken; and (two- H.R. 1133, as amended. This is one of those pieces of legisla- thirds being in the affirmative) the The SPEAKER pro tempore. Is there tion that, I think, when many of us saw rules were suspended and the bill, as objection to the request of the gen- it brought forward, makes great com- amended, was passed. tleman from Florida? mon sense. It is the right thing to do. A motion to reconsider was laid on There was no objection. I understand possibly why they put the table. Mr. BILIRAKIS. Mr. Speaker, I yield that in there. But all of us know that myself such time as I may consume. f it is going to be that exact scenario Mr. Speaker, I rise today in support that it is going to be a family member VETERANS TRANSPLANT of H.R. 1133, as amended, the Veterans or someone near who is going to want COVERAGE ACT OF 2017 Transplant Coverage Act of 2017. This bill is meant to remove an un- to do the transplant. If the best place Mr. BILIRAKIS. Mr. Speaker, I move to do that for the veteran is at the VA to suspend the rules and pass the bill necessary barrier to care for veterans in need of transplants involving a liv- hospital, and they can get them in, it (H.R. 1133) to amend title 38, United ing donor. makes great sense to do it. States Code, to authorize the Secretary Last year, Mr. Charles Nelson, a 100 So I do want to also thank Rep- of Veterans Affairs to provide for an percent service-connected veteran from resentative CARTER for bringing this operation on a live donor for purposes Texas, sought a kidney transplant forward. of conducting a transplant procedure through the Department of Veterans This is, again, improving care, and for a veteran, and for other purposes, Affairs with Mr. Nelson’s nonveteran making sure that we are focusing on as amended. son, Austin, serving as Mr. Nelson’s the issues that we can make a dif- The Clerk read the title of the bill. live donor. ference on. The text of the bill is as follows: Rather than travel from his home in Mr. Speaker, I reserve the balance of H.R. 1133 Texas to VA transplant centers in ei- my time. Be it enacted by the Senate and House of Rep- ther Nashville, Tennessee, or Portland, Mr. BILIRAKIS. Mr. Speaker, I yield resentatives of the United States of America in Oregon, Mr. Nelson requested to re- 5 minutes to the gentleman from Texas Congress assembled, ceive his transplant at the University (Mr. CARTER). SECTION 1. SHORT TITLE. Hospital in San Antonio using the Mr. CARTER of Texas. Mr. Speaker, This Act may be cited as the ‘‘Veterans Choice Program. However, his request I thank the gentleman for yielding, and Transplant Coverage Act of 2017’’. was denied by VA because Austin was I thank Mr. BILIRAKIS and Mr. WALZ for SEC. 2. AUTHORIZATION TO PROVIDE FOR OPER- not a veteran, and, therefore, VA did rising in support of this. ATIONS ON LIVE DONORS FOR PUR- When Mr. Nelson and his family came POSES OF CONDUCTING TRANS- not believe the Department had the au- PLANT PROCEDURES FOR VET- thority to pay for this portion of the to me with this, the first thing I ERANS. transplant procedure with Choice thought was: That is the dumbest thing Section 101 of the Veterans Access, Choice, funds. I have ever heard. and Accountability Act of 2014 (Public Law Mr. Nelson eventually received his You have a child, waiting to give you 113–146; 38 U.S.C. 1701 note) is amended by transplant in San Antonio using his a live kidney in a transplant, and he is adding after subsection (t) the following new eliminated as a donor because he is not subsection: Medicare benefits, private donations, ‘‘(u) TRANSPLANT PROCEDURES WITH LIVE and personal savings to cover the cost a veteran. It is hard enough to find live DONORS AND RELATED SERVICES.— of his and Austin’s care. transplants as it is. And common sense ‘‘(1) IN GENERAL.—Subject to paragraphs (2) To prevent any other veterans from by everybody who ever knew anybody and (3), in a case in which a veteran is eligi- being unable to access transplant care who got one knows: the best source is

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.055 H07NOPT1 H8554 CONGRESSIONAL RECORD — HOUSE November 7, 2017 a family member because it has got the erans Access, Choice, and Account- (d) EFFECT OF DESIGNATION.—The national best chance for a match and the best ability Act of 2014 to authorize the Sec- memorial and museum designated by sub- chance for success. retary of Veterans Affairs to provide section (a) is not a unit of the National Park Yet the VA had a limitation that he for an operation on a live donor for System, and the designation of the national had to be a veteran. Now, what are the memorial and museum shall not be con- purposes of conducting a transplant strued to require Federal funds to be ex- chances of all your family being vet- procedure for a veteran, and for other pended for any purpose related to the na- erans when all of a sudden you have purposes.’’. tional memorial and museum. renal failure and have to have a kid- A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- ney? They have got to be off the wall, the table. ant to the rule, the gentleman from and that is ridiculous. f So, Mr. Speaker, I filed this bill to Florida (Mr. BILIRAKIS) and the gen- correct this mess. NATIONAL VETERANS MEMORIAL tleman from Minnesota (Mr. WALZ) My colleague has given a great de- AND MUSEUM ACT each will control 20 minutes. scription of what happened to the Nel- Mr. BILIRAKIS. Mr. Speaker, I move The Chair recognizes the gentleman sons. But, more importantly, common to suspend the rules and pass the bill from Florida. sense—and I like the mention of that— (H.R. 1900) to designate the Veterans GENERAL LEAVE tells us that you can’t eliminate the Memorial and Museum in Columbus, Mr. BILIRAKIS. Mr. Speaker, I ask best pool of donors that a family has Ohio, as the National Veterans Memo- unanimous consent that all Members because of their lack of being a vet- rial and Museum, and for other pur- have 5 legislative days in which to re- eran. poses, as amended. vise and extend their remarks and in- And we all know—we heard Mr. The Clerk read the title of the bill. clude extraneous material on H.R. 1900, O’ROURKE say previously—we are down The text of the bill is as follows: as amended. to about 1 percent of our Nation actu- H.R. 1900 The SPEAKER pro tempore. Is there ally serves in the military anymore. Be it enacted by the Senate and House of Rep- objection to the request of the gen- So this is a commonsense fix for a resentatives of the United States of America in tleman from Florida? commonsense problem. Congress assembled, There was no objection. Mr. Speaker, I am really proud of my SECTION 1. SHORT TITLE. Mr. BILIRAKIS. Mr. Speaker, I yield staff. They have worked really hard on This Act may be cited as the ‘‘National myself such time as I may consume. Veterans Memorial and Museum Act’’. this. They stayed at it and stayed at it. Mr. Speaker, I rise today in support SEC. 2. DESIGNATION OF NATIONAL VETERANS We got the attention of the VA, and I of H.R. 1900, as amended. am happy for their cooperation. I want MEMORIAL AND MUSEUM. (a) DESIGNATION.—Subject to the condition H.R. 1900, as amended, would des- to thank the committee. They were described in subsection (b), the memorial ignate the Veterans Memorial and Mu- overwhelmingly supportive on both and museum that is, as of the date of the en- seum in Columbus, Ohio, as the Na- sides of the aisle. I urged my colleagues actment of this Act, being constructed on an tional Veterans Memorial and Museum. to fix a commonsense problem and approximately 7-acre area on West Broad The national designation is appropriate allow a son to give a kidney to his fa- Street, Columbus, Ohio, bounded by the Scioto River and the Scioto Greenway, shall because this will be the only memorial ther at a facility that is most conven- and museum in the Nation that will ient to the family, which is all common be designated as the ‘‘National Veterans Me- morial and Museum’’. honor our veterans throughout our Na- sense, so that our veterans, who have (b) WITHDRAWAL OF DESIGNATION.—The des- tion’s history. given their all for us, have the right to ignation under subsection (a) may be with- Mr. Speaker, I thank our distin- have the best healthcare available to drawn no earlier than five years after the guished ranking member, Mr. WALZ, of American citizens, and that is what date on which the museum opens the public, course, for working with the bill spon- pursuant to an Act of Congress, if the this bill will provide. sor; and our chairman, Chairman ROE; There was such a good explanation progress and operation of the museum are found to be unsatisfactory based on the re- and, of course, Mr. STIVERS, who is the by my colleagues that I didn’t go into bill’s sponsor; and me, to ensure that the details. But I just want to tell you port submitted under subsection (c). (c) REPORT TO CONGRESS.— the Veterans Memorial and Museum that when you have a constituent come (1) IN GENERAL.—As a condition of the des- will maintain the highest standards in with a commonsense problem, we ignation under subsection (a), the director of after it receives the national designa- have a duty and a responsibility to fix the memorial and museum described in that tion. it because common sense is in short subsection shall submit to Congress a report H.R. 1900, as amended, will require on the memorial and museum by not later supply in Washington, D.C. the museum to provide a report to Con- Mr. WALZ. Mr. Speaker, in closing, I than the date specified in paragraph (2). gress that would include information thank Judge CARTER. Everybody make Such report shall include each of the fol- on its organizational and financial pro- note of this. Common sense is going to lowing: (A) The projected budget for the memorial jections. prevail. We are in full support of H.R. and museum for the five-year period begin- The bill specifically states that, after 1133. ning on the date the memorial and museum 5 years, if the memorial and museum is Mr. Speaker, I encourage my col- is expected to open to the public. leagues to vote accordingly, and I yield not operating satisfactorily, then Con- (B) A description of the outreach con- gress may withdraw the national des- back the balance of my time. ducted by the memorial and museum to vet- Mr. BILIRAKIS. Mr. Speaker, in clos- erans across the United States to receive ignation. We hope that doesn’t happen. ing, once again, I urge my colleagues input about the design and contents of the Moreover, H.R. 1900, as amended, to pass this very important bill. I en- memorial and museum. makes it clear that the museum and courage the Senate to pass it as soon (C) A description of the process by which memorial is not affiliated with the Na- as possible so we can get it on the decisions are made about the contents of the tional Park System, and that the bill exhibits displayed at the memorial and mu- does not authorize Federal funds for President’s desk. seum. Mr. Speaker, I yield back the balance the museum. (D) A description of the organizational Mr. Speaker, I urge all of my col- of my time. structure of the memorial and museum. The SPEAKER pro tempore. The (E) A copy of the bylaws and rules of the leagues to join me in supporting H.R. question is on the motion offered by memorial and museum. 1900, as amended, and I reserve the bal- the gentleman from Florida (Mr. BILI- (F) A list of any organizations or entities ance of my time. RAKIS) that the House suspend the rules that have accredited the memorial and mu- Mr. WALZ. Mr. Speaker, I yield my- and pass the bill, H.R. 1133, as amend- seum. self such time as I may consume. ed. (2) DEADLINE FOR REPORT.—The date speci- Mr. Speaker, I rise in support of the The question was taken; and (two- fied in this paragraph is the earlier of the manager’s amendment to H.R. 1900, as following dates: amended, the National Veterans Memo- thirds being in the affirmative) the (A) The date that is 90 days after the date rules were suspended and the bill, as of the enactment of this Act. rial and Museum Act. amended, was passed. (B) The date that is 30 days before the date I would also like to say that when I The title of the bill was amended so on which the memorial and museum is first came to Congress, this is how I thought as to read: ‘‘A bill to amend the Vet- open to the public. things were supposed to work: citizens

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.057 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8555 come together, they come up with a In addition, it has put in place the tions around the country, and we want great idea, they decide that they are necessary guardrails to ensure that to thank them for that. going to honor our Nation’s veterans, this will be built in Columbus, Ohio, to A lot of veterans have worked hard they talk to their Members of Con- the highest standards. I am proud to to make that happen. For example, gress, they bring it here, we all work say this will be the National Veterans Colonel Tom Moe, a Vietnam veteran together, we come up with a plan to Memorial and Museum. and a POW who flew 85 missions, is put it in place, and we come to the Mr. Speaker, I reserve the balance of leading Veterans’ Outreach for the Na- floor to pass a piece of legislation. my time. tional Veterans Memorial and Museum, Mr. BILIRAKIS. Mr. Speaker, I want and he is part of the Veterans’ Advi- b 1515 to commend the ranking member. We sory Committee working closely with This is one of those times where that had a little issue in committee, but we the VSOs across the country to make little cartoon, ‘‘I am just a bill sitting didn’t stall the bill. We worked that sure this museum is truly a national on Capitol Hill,’’ actually worked that out and moved forward. So let’s get the reflection of veterans and their stories. way. For that, I am grateful for the Senate to pass it now after we pass it Additionally, the Columbus Down- work that has been done. today. town Development Corporation is man- I would especially like to thank Mr. Speaker, I yield such time as he aging this project. They are a 501(c)(3) Chairman ROE for his willingness, as may consume to the gentleman from that will operate, fund, and manage the we looked at this bill, to put some Ohio (Mr. STIVERS), the sponsor of the museum, led by a national board of di- guardrails in place making sure that bill. rectors, including veterans, veterans before we designate the memorial and Mr. STIVERS. Mr. Speaker, I thank service organizations, and the families museum to U.S. veterans of all eras, the gentleman from Florida for every- of America’s veterans. This 501(c)(3)’s that it truly is the National Veterans thing he is doing to lead this bill on mission will remain focused on ensur- Memorial and Museum. the floor today. I would like to also ing that the museum conveys the The materials provided to Members thank the ranking member from Min- reverence owed to our veterans of yes- of the Veterans’ Affairs Committee nesota for his good-faith effort and his terday and today, as well as tomorrow. clearly demonstrate the intent to cre- work. We worked in a collaborative Mr. Speaker, I would like to take ate an architecturally stunning, state- way to address his concerns. this opportunity to thank Chairman of-the-art institution in the heart of Mr. Speaker, I would also like to ROE for his leadership in this legisla- the country that honors veterans and thank my colleague from Columbus, tion and allowing this to go through educates the country about those sac- JOYCE BEATTY; and my other colleague regular order through the Veterans’ Af- fairs Committee. There were hearings. rifices. That is an incredibly noble from Columbus, PAT TIBERI, for their cause. work in a bipartisan fashion for mak- It was a collaborative process, and we Just as important to the eventual ing this bill better, helping this bill worked to address some issues from the success of this effort is the responsi- pass the House. I hope we can get it other side of the aisle. We worked in a bility of the House Veterans’ Affairs passed in the Senate here shortly as good-faith effort. I think we came up with a good solu- Committee to ensure that it be estab- well. tion that ensures that this museum lished and operated to the highest pos- Mr. Speaker, I am proud to speak will have the highest standards and sible standards forever, as are the mu- today in support of the bill that will will be representative of the national seums and cemeteries under its juris- designate the National Veterans Me- designation in a way that we can all be diction run by the National Cemetery morial and Museum being built in Co- Administration and the American Bat- proud of. lumbus, Ohio, as America’s National I am convinced that both the minor- tle Monuments Commission. I feel the Veterans Memorial and Museum. ity and majority staff wanted to make legislation we are voting on today does The National Veterans Memorial and this museum the greatest it can be, exactly that. Museum will serve as a civic landmark and I want to thank them for all their Mr. Speaker, I want to acknowledge to honor, connect, inspire, and educate efforts. the efforts of the gentlewoman from all Americans about the service and We were able to hear from VSOs tes- Columbus, Ohio (Mrs. BEATTY). I would sacrifice of our Nation’s 22 million vet- tifying in support of this museum that also like to thank the gentleman from erans. It will be the only public mu- included The American Legion, the Ohio (Mr. STIVERS) for working with us seum of its kind that exists for the ex- VFW, the Paralyzed Veterans of Amer- on this. The gentleman truly rep- clusive role of sharing the experiences ica. I believe that through their testi- resents the best of what it means to be of veterans across all eras, conflicts, mony and our work, there was a lot of a representative. His good-faith effort and branches of military service. great information that was exchanged, to continue to improve on a piece of You might ask: Why would we want and we are excited to move forward legislation, taking in the concerns that to do this in Columbus, Ohio? with the National Veterans Memorial people had to make it work, it is, to Well, first and foremost, Ohio has the and Museum. me, incredibly encouraging. I thank sixth largest veterans population in One last point is that this museum the gentleman for that. His work is the United States, and it is easily ac- was funded with private donations. It going to ensure that this is going to be cessible to almost anyone in the United requires no Federal funding to open the a spectacular museum and monument States. We are within a 10-hour’s drive doors. I believe that is another com- to our Nation’s veterans. of almost 60 percent of the veterans in petitive advantage. Under the bill before us today, the the United States. Again, Mr. Speaker, I want to thank museum will submit a report to Con- I believe that it is going to be a great Chairman ROE, Ranking Member WALZ, gress before it opens. The report will opportunity to have not everything in Chairman BILIRAKIS, the members of address the issues of budget, govern- Washington, D.C., but have it out in the Veterans’ Affairs Committee, and, ance, operations, vision, and veteran the rest of the country. most importantly, my co-lead and col- outreach. Ohio is a great place of military his- league on this effort, JOYCE BEATTY There is a provision we are adding as tory. Ohio was recently selected to be and PAT TIBERI from Columbus. part of the manager’s amendment that the future home of the United States Mr. Speaker, I urge my colleagues to allows Congress to remove that des- Veterans Affairs National Archives in support the legislation. ignation after 5 years. We will not need Dayton, and that will make sure that Mr. WALZ. Mr. Speaker, I thank the to do that. This will be a wonderful fa- military records dating back to the gentleman for his words. I appreciate cility. We put this in place as part of Revolutionary War are kept there. his work. our responsibility of oversight. Ohio is the birthplace of the Veterans Mr. Speaker, I yield 4 minutes to the With the addition of these provisions, of Foreign Wars, and that is one of the gentlewoman from Ohio (Mrs. BEATTY), I believe the committee has done its earliest adopted veterans service orga- a staunch and truly effective advocate due diligence before recommending the nizations. for her constituents and for veterans House to confer this national designa- This museum will also be, and is, across this Nation. This museum will tion. supported by veterans service organiza- reside in her district.

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.060 H07NOPT1 H8556 CONGRESSIONAL RECORD — HOUSE November 7, 2017 Mrs. BEATTY. Mr. Speaker, first let resentative BEATTY, and really the Mr. Speaker, I yield back the balance me say I certainly want to join my col- Ohio delegation in today’s designation of my time. league, Congressman STEVE STIVERS, in of the Veterans Memorial and Museum The SPEAKER pro tempore. The thanking Congressman BILIRAKIS and in Columbus, Ohio, as the National question is on the motion offered by Congressman WALZ for all of their Veterans Memorial and Museum. I am the gentleman from Florida (Mr. BILI- work in allowing us to make this pos- thankful to all my colleagues and the RAKIS) that the House suspend the rules sible to be here today. work of the committee to do this not and pass the bill, H.R. 1900, as amend- Mr. Speaker, I am honored to rise to just as something for Ohio, but some- ed. offer my enthusiastic support for the thing for our Nation and for our Na- The question was taken; and (two- National Veterans Memorial and Mu- tion’s veterans. thirds being in the affirmative) the seum Act, H.R. 1900, designating it as a This museum is squarely focused on rules were suspended and the bill, as public museum for the exclusive pur- telling the personal stories of those amended, was passed. pose of sharing the experience and who have served, including those who A motion to reconsider was laid on voices of veterans across all eras, con- have lost their lives serving our coun- the table. flicts, and branches of the military. try. The National Veterans Memorial f and Museum will be the only one of its As you have heard, it will be housed b 1530 in my district, so I am especially kind that uses personal belongings, let- pleased that it is being built in a part- ters, and memories to bring the stories VETERANS E-HEALTH AND TELE- nership with private pay, a partnership of our servicemembers and their fami- MEDICINE SUPPORT ACT OF 2017 with government, and a partnership lies to life. Mr. BILIRAKIS. Mr. Speaker, I move that is blessed by the veterans of cen- In addition to world class interactive to suspend the rules and pass the bill tral Ohio and across the Nation. exhibits that will serve to educate the (H.R. 2123) to amend title 38, United The museum concept was the brain- next generation about the value of States Code, to improve the ability of child of the Nation’s good friend: World military service, this project will also health care professionals to treat vet- War II veteran, legendary astronaut, be connected to an online database fea- erans through the use of telemedicine, and former U.S. Senator from Ohio, turing the collection. and for other purposes. John Glenn, who was a dear friend and The National Veterans Memorial and The Clerk read the title of the bill. one of my constituents. John also Museum will also serve to honor our The text of the bill is as follows: chaired the Veterans Committee. men and women in uniform by pro- H.R. 2123 Mr. Speaker, if Senator Glenn were viding space for celebrations, and vet- Be it enacted by the Senate and House of Rep- here today, he would share with us how erans ceremonies and reunions. resentatives of the United States of America in Ohio has a proud history of honoring this museum will honor, connect, in- Congress assembled, our Nation’s veterans and supporting spire, and educate all Americans about SECTION 1. SHORT TITLE. our current men and women in uni- This Act may be cited as the ‘‘Veterans E- the unified service and sacrifices of our form. Ohio is home to Wright-Patter- Health and Telemedicine Support Act of Nation’s more than 40 million veterans. son Air Force Base, the National Mu- 2017’’ or the ‘‘VETS Act of 2017’’. I salute this Congress and my com- seum of the United States Air Force, SEC. 2. LICENSURE OF HEALTH CARE PROFES- munity for recognizing the need for SIONALS OF THE DEPARTMENT OF and was recently selected as the United VETERANS AFFAIRS PROVIDING veterans of all eras to have a museum States Veterans Affairs National Ar- to collectively call their own. TREATMENT VIA TELEMEDICINE. chives. It is fitting that Ohio should be (a) IN GENERAL.—Chapter 17 of title 38, Mr. Speaker, I could not stand here the place for telling these stories. United States Code, is amended by inserting without again thanking my colleague Mr. Speaker, I appreciate the bipar- after section 1730A the following new sec- and veteran, Congressman STEVE STIV- tisan support on this bill and I urge my tion: ERS, for his relentless work, for his colleagues to support it. ‘‘§ 1730B. Licensure of health care profes- leadership, and his partnership Mr. WALZ. Mr. Speaker, I yield my- sionals providing treatment via telemedi- throughout the development of this self the balance of my time. cine project. I thank everyone who spoke here. It ‘‘(a) IN GENERAL.—Notwithstanding any This project certainly shares with us is the way it is supposed to work. I am provision of law regarding the licensure of what bipartisan work can do. very excited about this. health care professionals, a covered health Mr. Speaker, I also would like to Mr. Speaker, I would encourage you care professional may practice the health care profession of the health care profes- thank Congressman TIBERI for joining to go and look. This is going to be spec- sional at any location in any State, regard- us. I greatly appreciate and want to tacular. It is at nationalvmm.org, if less of where the covered health care profes- personally thank the leadership of you want to see where they are and the sional or the patient is located, if the cov- Chairman ROE and Ranking Member progress that is being made. We are ered health care professional is using tele- WALZ, and also the subcommittee lead- going to be open here soon in the medicine to provide treatment to an indi- ership, because they expressed their spring. I am going to take Mrs. BEATTY vidual under this chapter. concerns. We addressed the concerns in up on this as a veteran myself. ‘‘(b) PROPERTY OF FEDERAL GOVERNMENT.— a very constructive way. That is what I think of the countless families and Subsection (a) shall apply to a covered partnerships and leadership is all health care professional providing treatment veterans who will take their children to a patient regardless of whether the cov- about. Because of their good work, it and walk through the halls and tell the ered health care professional or patient is lo- has strengthened the operations of the story. This is an important piece of our cated in a facility owned by the Federal Gov- project and the viability of the project. history. It is important to tell the ernment during such treatment. H.R. 1900 has the support of The story and it is important for us to pre- ‘‘(c) CONSTRUCTION.—Nothing in this sec- American Legion, the Paralyzed Vet- serve these stories. tion may be construed to remove, limit, or erans of America, and the VFW. Mr. Speaker, I encourage my col- otherwise affect any obligation of a covered Mr. Speaker, today I ask my col- leagues to support this piece of legisla- health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.). leagues to support this legislation and tion, and I yield back the balance of ‘‘(d) COVERED HEALTH CARE PROFESSIONAL to come to Columbus when it is open to my time. DEFINED.—In this section, the term ‘covered see it in person and how it honors the Mr. BILIRAKIS. Mr. Speaker, again, health care professional’ means a health care stories and the sacrifices of our Na- we need to teach our children the value professional who— tion’s veterans. of military service so they can appre- ‘‘(1) is an employee of the Department ap- Mr. BILIRAKIS. Mr. Speaker, I yield ciate it. These are our true American pointed under the authority under sections 2 minutes to the gentleman from Ohio heroes. I am looking forward to vis- 7306, 7401, 7405, 7406, or 7408 of this title, or title 5; (Mr. DAVIDSON). iting Mrs. BEATTY in Columbus. Mr. DAVIDSON. Mr. Speaker, I Mr. Speaker, I want to thank Mrs. ‘‘(2) is authorized by the Secretary to pro- vide health care under this chapter; thank the gentleman for yielding. BEATTY and, of course, General Stivers ‘‘(3) is required to adhere to all quality Mr. Speaker, as an Army veteran and for doing such a wonderful job in get- standards relating to the provision of tele- former Army Ranger, I am proud to ting this bill done, and I also thank the medicine in accordance with applicable poli- join Representative STIVERS, Rep- ranking member. cies of the Department; and

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.062 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8557 ‘‘(4) has an active, current, full, and unre- Through VA’s many different tele- but they are miles from a VA facility. stricted license, registration, or certification health modalities, VA doctors and The technology that we have, and we in a State to practice the health care profes- nurses have been able to better serve know it works, allows them to get sion of the health care professional.’’. (b) CLERICAL AMENDMENT.—The table of veterans in remote, rural, or medically that. sections at the beginning of chapter 17 of underserved areas and veterans with If we have veterans sitting on State such title is amended by inserting after the limited mobility or other issues that borders, if we have veterans sitting in item relating to section 1730A the following make it difficult to travel to and from remote areas, it sometimes makes it new item: the VA medical facilities for needed ap- difficult. It will give VA the tools it ‘‘1730B. Licensure of health care profes- pointments and follow-up care. Impor- needs to remain a leader in the use of sionals providing treatment via tantly, veterans who have had experi- telehealth technology. telemedicine.’’. ence accessing care through telemedi- I am particularly thankful to Rep- (c) REPORT ON TELEMEDICINE.— resentatives THOMPSON and BROWNLEY (1) IN GENERAL.—Not later than one year cine have demonstrated improved after the date of the enactment of this Act, healthcare outcomes, including de- for their leadership. They identified a the Secretary of Veterans Affairs shall sub- creases in hospital admissions. problem, worked on it, and came up mit to the Committee on Veterans’ Affairs of It is my hope that all veterans would with a workable solution that we can the Senate and the Committee on Veterans’ have access to VA telemedicine when put into statute, making sure, the bot- Affairs of the House of Representatives a re- and where appropriate. However, the tom line, again, that every veteran, re- port on the effectiveness of the use of tele- continued expansion of telemedicine gardless of geographic location, gets medicine by the Department of Veterans Af- fairs. across the VA healthcare system has the best, most advanced care possible. (2) ELEMENTS.—The report required by been constrained by restrictions on the Mr. Speaker, I reserve the balance of paragraph (1) shall include an assessment of ability of VA providers to practice my time. the following: telemedicine across State lines with- Mr. BILIRAKIS. Mr. Speaker, I yield (A) The satisfaction of veterans with tele- out jeopardizing their State medical li- 3 minutes to the gentleman from Penn- medicine furnished by the Department. cense. sylvania (Mr. THOMPSON), who is the (B) The satisfaction of health care pro- H.R. 2123, the Veterans E-Health and sponsor of the bill. viders in providing telemedicine furnished by Telemedicine Support Act of 2017, Mr. THOMPSON of Pennsylvania. the Department. would remove those constraints by au- Mr. Speaker, I thank the chairman and (C) The effect of telemedicine furnished by ranking member for their support and the Department on the following: thorizing the VA providers to practice (i) The ability of veterans to access health telemedicine at a location in any their kind words. care, whether from the Department or from State, regardless of where the provider Mr. Speaker, I do rise today in sup- non-Department health care providers. or patient is located. This would pro- port of H.R. 2123, the Veterans E- (ii) The frequency of use by veterans of vide VA clinicians the statutory pro- Health and Telemedicine Support Act, telemedicine. tection they need to continue pro- also known as the VETS Act. (iii) The productivity of health care pro- viding high-quality telehealthcare to Years ago, a constituent approached viders. veteran patients across the country me to discuss the barriers to care that (iv) Wait times for an appointment for the his fellow veterans were experiencing receipt of health care from the Department. without fear of penalties imposed by (v) The reduction, if any, in the use by vet- the State medical licensing boards. through the VA system. As an Active- erans of in-person services at Department fa- I am grateful to my friend and col- Duty soldier, he told me stories of his cilities and non-Department facilities. league, Representative GLENN THOMP- friends coming home from deployment (D) The types of appointments for the re- SON from the great State of Pennsyl- and falling through the cracks of the ceipt of telemedicine furnished by the De- vania, for his leadership on this issue system. Some were suffering from post- partment that were provided during the one- and for bringing this important bill traumatic stress disorder, TBIs, and year period preceding the submittal of the forward. depression and required the care of spe- report. cialists. Others had difficulty traveling (E) The number of appointments for the re- I am also grateful to my fellow com- ceipt of telemedicine furnished by the De- mittee member, Representative JULIA from their rural communities to VA partment that were requested during such BROWNLEY of California, the ranking medical centers because of injuries sus- period, disaggregated by Veterans Integrated member of the Subcommittee on tained during combat. Too many of Service Network. Health, for her work and advocacy on those wound up taking their own lives. (F) Savings by the Department, if any, in- VA telemedicine. It broke my heart to hear the stories cluding travel costs, of furnishing health Mr. Speaker, I urge all my colleagues of this soldier’s friends and comrades care through the use of telemedicine during to join me in supporting H.R. 2123, and not receiving the care that they de- such period. I reserve the balance of my time. serve. What made it more difficult was The SPEAKER pro tempore. Pursu- Mr. WALZ. Mr. Speaker, I yield my- the fact that this constituent soldier ant to the rule, the gentleman from self such time as may consume. was my son. Florida (Mr. BILIRAKIS) and the gen- I rise in strong support of H.R. 2123, After numerous conversations trying tleman from Minnesota (Mr. WALZ) the VETS Act of 2017. to figure out how we can help our serv- each will control 20 minutes. Since its very inception, the Vet- icemembers when they return home, The Chair recognizes the gentleman erans Health Administration has been we determined that expanding access from Florida. a leader in medical advancements and to telehealth would be a great start. GENERAL LEAVE the delivery of healthcare. This legisla- Many of our veterans live in rural Mr. BILIRAKIS. Mr. Speaker, I ask tion would ensure it continues this his- areas and are unable to travel far dis- unanimous consent that all Members tory of leadership by allowing VA pro- tances. Allowing them to see their have 5 legislative days in which to re- viders to engage in the delivery of tele- healthcare provider in the comfort of vise and extend their remarks and in- medicine to veterans all over the coun- their home would increase their access clude extraneous material on H.R. 2123. try, regardless of where the provider is to care. This is why Representative The SPEAKER pro tempore. Is there JULIA BROWNLEY and I introduced the objection to the request of the gen- located. These are paper barriers, these tleman from Florida? are legal barriers, not barriers of tech- VETS Act. There was no objection. nology, to allow us to deliver care. The VETS Act will allow VA-em- Mr. BILIRAKIS. Mr. Speaker, I yield Telemedicine and medicine, in gen- ployed healthcare providers to practice myself such time as I may consume. eral, is changing so rapidly, we need to telehealth across State lines, no mat- Mr. Speaker, I rise today in support make sure that barriers are not put in ter where the doctor or the patient is of H.R. 2123, the Veterans E-Health and place, especially for rural veterans, and located. It also commissions a report Telemedicine Support Act of 2017. many of us have them all over. to study the effectiveness of telemedi- I believe that telemedicine rep- Last week, I did a field hearing in cine programs utilized by the Depart- resents the future of healthcare deliv- International Falls, Minnesota, which, ment of Veterans Affairs. ery, and I am proud of the fact that the by the way, will be 1 degree tomorrow While the VA has made major strides Department of Veterans Affairs is a for all of you, just so you know. Those and is a leader in advancing telehealth longtime leader in telemedicine. folks are veterans. They have served, access, outdated barriers limit its

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.019 H07NOPT1 H8558 CONGRESSIONAL RECORD — HOUSE November 7, 2017 growth. Currently, each State has its Geographical location in our country Ms. BROWNLEY of California. Mr. Speaker, own licensing requirements for is no longer a challenge thanks to mod- I rise in support of H.R. 2123, the Veterans E- healthcare providers to practice medi- ern technology. VA healthcare pro- Health and Telemedicine Support Act, or cine within its borders. For example, if viders should have the opportunity to VETS Act. a doctor practices in Pennsylvania and practice telemedicine across State As we approach Veterans Day, a time when Ohio, they must hold a license from lines to provide medical advice to our we honor the service and sacrifice of those each State. veterans that is more timely and re- who fought bravely on behalf of our nation, we VA-provider licensing requirements sponsive to the patient’s needs. must rededicate ourselves to ensuring that the are different. As long as a doctor is li- Mr. Speaker, I encourage my col- VA has the tools it needs to be the 21st cen- censed and in good standing with a sin- leagues to support the passage of H.R. tury, world-class healthcare system that our gle State, they can practice in-person 2123. veterans deserve. One way the VA can mod- care within the VA system in any Mr. WALZ. Mr. Speaker, I have no ernize is by embracing telehealth and using State. This reciprocity, however, is not further speakers, and I reserve the bal- new technologies to provide more timely and afforded to the practice of telehealth. ance of my time. convenient care for our veterans. VA providers seeking to provide Mr. BILIRAKIS. Mr. Speaker, I yield The VA has seen tremendous growth and telehealthcare to patients must also be 1 minute to the gentleman from the interest in telehealth over the past few years, licensed in the State where the patient great State of Michigan (Mr. and we should continue to find innovative is located. These outdated regulations BERGMAN). ways to connect veterans with the providers are hurting our Nation’s veterans. Mr. BERGMAN. Mr. Speaker, I rise that they need, no matter their physical loca- The Department of Veterans Affairs today in support of H.R. 2123, the Vet- tion. This will particularly help rural veterans, has successfully been using telemedi- erans E-Health and Telemedicine Sup- and will help us expand access to specialty cine for quite some time. Since 2002, port Act. care from the medical centers to the commu- more than 2 million veterans have re- For veterans in my district, the chal- nity clinics, and even into veterans’ homes. I ceived telehealthcare through the VA. lenge of receiving timely, quality care have seen this firsthand at the Oxnard com- In 2016 alone, more than 12 percent of from the VA is, at times, impossible. In munity clinic in my district, which is able to veterans receiving VA care utilized fact, winter has already arrived in connect veterans to retinal specialists and telehealth in some aspect. Forty-five northern and upper Michigan. Travel is audiology specialists using telehealth tech- percent of these veterans live in rural complex and sometimes hazardous. nology, making it easier for veterans to get areas. With some of the most rural geog- better care closer to home. Veterans who have accessed tele- raphy in the country, veterans in The House Veterans’ Affairs Committee has health are overwhelmingly pleased Michigan’s First District are forced to also heard from many veterans who have with the quality of care and access travel long distances, often hours, into used telemedicine services. For instance, at a they received. Those receiving at-home Wisconsin or hundreds of miles down field hearing in my district, Zachary Walker, a care, for example, through telehealth into mid- and southeast Michigan just Navy veteran, testified about the fast and effi- cite an 88 percent satisfaction rate. to keep simple doctors’ appointments. cient service that telemedicine can deliver to While the VA has done a great job of our veterans, getting him in the door to his Innovative healthcare solutions like expanding telehealth access to vet- local clinic faster than a traditional appoint- telemedicine are long overdue. Vet- erans across the country, more needs ment. erans in my district will help validate to be done. Our veterans deserve the Our bill is a commonsense solution that will the requirements for and the quality of best care available to them, and this allow us to further expand on these telehealth such innovations. starts with the passage of the VETS services by permitting VA providers to conduct H.R. 2123 will allow VA-licensed Act. telehealth treatment across state lines no mat- healthcare providers to practice tele- I thank Representative BROWNLEY, ter their location, connecting more health pro- medicine at any location, in any State, Committee Chairman Dr. , fessionals with the veterans who need their regardless of where the provider or pa- Ranking Member TIM WALZ, and Chair- care. tient is located. This bill will make it man BILIRAKIS for bringing this bill to It has been my pleasure to work with Con- easier for veterans in my district and the floor today. gressman GLENN ‘GT’ THOMPSON, and Sen- all across the country to access I urge my colleagues to vote in favor ators JONI ERNST and MAZIE HIRONO, to ad- of the bill to give our Nation’s veterans healthcare services in a convenient set- vance this bipartisan, bicameral bill, which has access to quality, proven healthcare. ting that fits their schedule, ulti- received widespread support from the Vet- Mr. WALZ. Mr. Speaker, I have no mately, putting the veteran first. I erans Service Organizations and the VA. I further speakers, and I reserve the bal- have long said that if a program or pol- urge my colleagues to support this common- ance of my time. icy can work in Michigan’s First Dis- sense legislation. Mr. BILIRAKIS. Mr. Speaker, I yield trict, it can work anywhere. The SPEAKER pro tempore. The 1 minute to the gentleman from Colo- Mr. Speaker, I urge support of H.R. question is on the motion offered by rado (Mr. COFFMAN). 2123. the gentleman from Florida (Mr. BILI- Mr. COFFMAN. Mr. Speaker, I rise Mr. WALZ. Mr. Speaker, again, it RAKIS) that the House suspend the rules today in support of H.R. 2123, the Vet- makes sense. Removing some of these and pass the bill, H.R. 2123. erans E-Health and Telemedicine Sup- paper barriers, as the gentleman from The question was taken; and (two- port Act of 2017. Michigan said, geography, weather, thirds being in the affirmative) the Under current law, VA healthcare other things, it makes sense to use the rules were suspended and the bill was providers must possess a current, unre- technology to improve the care. passed. stricted license issued by a State to I urge my colleagues to support H.R. A motion to reconsider was laid on practice medicine at a VA facility. 2123, and I yield back the balance of my the table. time. However, VA providers are restricted f from practicing telemedicine across Mr. BILIRAKIS. Mr. Speaker, this State lines. This limits the VA’s con- puts the veterans first, as the gen- VETERANS INCREASED CHOICE tinued expansion of telemedicine and, tleman said; and, again, the veteran FOR TRANSPLANTED ORGANS as a result, reduces the accessibility of has a choice as to whether to use tele- AND RECOVERY ACT OF 2017 healthcare for so many veterans. medicine or go to see the doctor, be- Mr. BILIRAKIS. Mr. Speaker, I move As technology continues to evolve cause it doesn’t work for everyone. to suspend the rules and pass the bill and Congress considers what the VA of But, in any case, this is a great bill. (H.R. 2601) to amend the Veterans Ac- the 21st century should look like, there It puts the veteran first. I urge my col- cess, Choice, and Accountability Act of is no doubt that methods like telemedi- leagues to pass this particular bill. 2014 to improve the access of veterans cine, coupled with more regulatory Mr. Speaker, I yield back the balance to organ transplants, and for other pur- flexibility, are long overdue. of my time. poses, as amended.

VerDate Sep 11 2014 02:28 Feb 13, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD17\NOVEMBER\H07NO7.REC H07NO7 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8559 The Clerk read the title of the bill. Transplant Program, which manages 13 Mr. DUNN. Mr. Speaker, let me start The text of the bill is as follows: transplant centers across the country. by saying thank you to Vice Chairman H.R. 2601 However, since Congress created the BILIRAKIS; and to our chairman, Dr. Be it enacted by the Senate and House of Rep- Choice Program in 2014 to address ac- ROE; and also to the ranking member, resentatives of the United States of America in cess to care concerns at VA medical fa- Sergeant Major WALZ from Minnesota. Congress assembled, cilities, the committee has heard an in- It has been great to work with them. SECTION 1. SHORT TITLE. creasing number of complaints about They have been very helpful with this This Act may be cited as the ‘‘Veterans In- the VA Transplant Program from vet- bill. creased Choice for Transplanted Organs and erans who are concerned about the I am honored to speak in support of Recovery Act of 2017’’ or the ‘‘VICTOR Act of lengthy travel required for many vet- my legislation, H.R. 2601, the Veterans 2017’’. erans to reach a VA transplant center Increased Choice for Transplanted Or- SEC. 2. ORGAN TRANSPLANTS UNDER THE VET- and bureaucratic barriers to receiving gans and Recovery, or VICTOR, Act. ERANS CHOICE PROGRAM. transplant care closer to home. Section 101(b)(2) of the Veterans Access, America owes our veterans every ad- Choice, and Accountability Act of 2014 (Public b 1545 vantage when it comes to receiving an organ or bone marrow transplant, yet Law 113–146; 38 U.S.C. 1701 note) is amended— According to the Journal of the the current VA transplant policy often (1) in subparagraph (C)(ii), by striking ‘‘or’’; American Medical Association, a great- (2) in subparagraph (D)(ii)(II)(dd), by striking runs counter to the medical interest of er distance from a VA transplant cen- the period and inserting ‘‘; or’’; and the patient. There are only 14 facilities ter was associated with a lower likeli- (3) by adding at the end the following new in the Nation where a veteran may re- hood of receiving a transplant and a subparagraph: ceive a transplant in the VA healthcare ‘‘(E)(i) requires an organ or bone marrow greater likelihood of death among vet- transplant; and eran transplant patients. system, and none of these facilities ‘‘(ii)(I) has, in the opinion of the primary That can’t happen. This is unaccept- perform all types of transplants. health care provider of the veteran, a medically able, in my opinion. H.R. 2601, as Timely organ transplants often rep- compelling reason to travel outside the region of amended, represents a commonsense resent the difference between life and the Organ Procurement and Transplantation solution. That is what we are all about death. Unfortunately, due to govern- Network, established under section 372 of the ment bureaucracy, our veterans are National Organ Transplantation Act (Public today: commonsense solutions for our true heroes. It would require the VA to often forced to travel hundreds or Law 98–507; 42 U.S.C. 274), in which the veteran thousands of miles repeatedly in order resides to receive such transplant at a medical consider whether there is a medically facility of the Department; or compelling reason to require a veteran to get the chance to receive a new ‘‘(II) faces an unusual or excessive burden in to travel outside the organ procure- liver, heart, or kidney. That travel receiving such transplant at a medical facility ment and transplantation network re- alone can prove fatal. of the Department, including— gion that the veteran resides in to re- Traveling to get a transplant isn’t ‘‘(aa) geographical challenges; the only obstacle these patients face. ‘‘(bb) environmental factors, including roads ceive a transplant from a VA trans- plant center, or whether the veteran Oftentimes, it is the program itself. that are not accessible to the general public, The limited size and scope of the VA traffic, or hazardous weather; faces an unusual or excessive burden in ‘‘(cc) a medical condition of the veteran that receiving a transplant from a VA transplant program means veterans affects the ability to travel; or transplant center before referring a have a lower chance of getting a trans- ‘‘(dd) other factors the Secretary determines veteran to a VA transplant center, plant and a greater chance of dying appropriate, including the preference of the vet- rather than to a community transplant while on the waiting list. eran to receive such transplant at a non-De- center. The VICTOR Act allows veterans who partment facility.’’. This would greatly increase access to need an organ or bone marrow trans- SEC. 3. EFFECTIVE DATE. transplant care in the community for plant through the VA system the abil- The amendments made by this Act shall take ity to access a federally certified trans- effect on the later of— veteran transplant patients living far from VA transplant centers. plant center close to their home if the (1) October 1, 2018; and veteran and their doctor agree that (2) the date of the enactment of this Act. Mr. Speaker, I reserve the balance of that is medically safer. It will make it The SPEAKER pro tempore. Pursu- my time. Mr. WALZ. Mr. Speaker, I yield my- easier for veterans to access lifesaving ant to the rule, the gentleman from self such time as I may consume. medical care by allowing them a num- Florida (Mr. BILIRAKIS) and the gen- Mr. Speaker, I rise in support of H.R. ber of ways to qualify for care closer to tleman from Minnesota (Mr. WALZ) 2601, the VICTOR Act. This legislation home. each will control 20 minutes. will again eliminate barriers to high- As a surgeon and as a veteran, I be- The Chair recognizes the gentleman quality organ transplant centers for lieve this is good medicine and good from Florida. certain veterans seeking their services public policy. The status quo puts GENERAL LEAVE by allowing veterans access to a trans- roadblocks in front of veterans who Mr. BILIRAKIS. Mr. Speaker, I ask plant center, regardless of its location, need lifesaving transplant care, and the unanimous consent that at all Mem- when a provider determines there is a VICTOR Act eliminates these road- bers have 5 legislative days in which to medically compelling reason to do so, blocks and increases access to care our revise and extend their remarks and in- or when the veteran would face un- veterans have earned. clude extraneous material on H.R. 2601, usual or excessive burden in receiving Mr. WALZ. Mr. Speaker, I have no as amended. the transplant at a VA facility. further speakers, and I reserve the bal- The SPEAKER pro tempore. Is there That is smart. That is common sense. ance of my time. objection to the request of the gen- It makes the case that the transplant Mr. BILIRAKIS. Mr. Speaker, I yield tleman from Florida? facilities at the VA are good, but, as 2 minutes to the gentleman from Illi- There was no objection. Dr. DUNN pointed out, a diverse soci- nois (Mr. BOST). Mr. BILIRAKIS. Mr. Speaker, I yield ety, a diverse geographic spread of vet- Mr. BOST. Mr. Speaker, I thank my myself such time as I may consume. erans, certain cases come up that make friend for yielding as well. The VA cur- Mr. Speaker, I rise today in support it medically wrong to try and trans- rently requires veterans in need of of H.R. 2601, as amended, the Veterans port someone to a further facility. And organ transplants to travel to VA Increased Choice for Transplanted Or- for all of those reasons, this is, again, transplant centers to receive their gans and Recovery, or VICTOR, Act of one of those things that is just smart, transplant. Waiting times at these cen- 2017, which is sponsored by my good all in the interest of the best care for ters average 32 percent longer than friend and fellow committee member, our veterans. those non-VA transplant centers. Dr. NEAL DUNN from the great State of Mr. Speaker, I reserve the balance of In addition, we have reports that Florida. my time. show that the further the veteran is The VA healthcare system has of- Mr. BILIRAKIS. Mr. Speaker, I yield from a VA transplant center, the less fered solid organ transplant services 2 minutes to the gentleman from Flor- likely the veteran is to receive the since 1962 and bone marrow transplant ida (Mr. DUNN), the sponsor of the bill organ transplant. This can ultimately services since 1982 through the VA and my good friend. prove fatal. We owe it to our Nation’s

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.068 H07NOPT1 H8560 CONGRESSIONAL RECORD — HOUSE November 7, 2017 heroes to provide them the best pos- SEC. 2. PROVISION OF MONTHLY HOUSING STI- Mr. Speaker, I rise in strong support sible care, regardless of where they PEND INFORMATION UNDER POST- of H.R. 3634, requiring the VA to pro- 9/11 EDUCATIONAL ASSISTANCE live. PROGRAM OF THE DEPARTMENT OF vide electronic documentation of the Mr. Speaker, I support the legislation VETERANS AFFAIRS. GI Bill beneficiary housing stipend. offered by my friend and colleague Section 3313 of title 38, United States Code, Once again, I want to thank Mr. HIMES, from Florida, Dr. DUNN, to solve this is amended by adding at the end the fol- whom we are going to hear from in just problem. I am just amazed that we lowing new subsection: a moment, for responding to constitu- have waited this long to realize we had ‘‘(j) PROVISION OF HOUSING STIPEND PAY- ents, responding to a need, and crafting MENT INFORMATION.—The Secretary shall fur- one. a piece of legislation that makes sure— The VICTOR Act allows veterans who nish to individuals receiving educational as- sistance under this chapter documentation as currently the VA does not provide live more than 100 miles from one of that verifies the amount of the monthly sufficient information about the exact the VA’s 13 transplant centers to seek housing stipend the individual receives amount of housing stipend that a bene- care at a federally certified, non-VA fa- under this section. The Secretary shall make ficiary receives under GI Bill benefits. cility. I am proud to cosponsor the such documentation available to the indi- Many veterans rely on their housing VICTOR Act because our veterans vidual using an internet website in the same stipend to pay for their housing while shouldn’t be punished just because of manner the Secretary provides documenta- they are attending school; and, there- tion verifying compensation and other bene- where they live. fore, it can be necessary for them to Mr. WALZ. Mr. Speaker, again, it fits furnished by the Secretary to individ- uals.’’. show proof of their housing allowance makes great sense. We are in full sup- as proof of income. Without this proof The SPEAKER pro tempore. Pursu- port of the bill. I urge my colleagues to of income, veterans are often finding ant to the rule, the gentleman from join me in support of H.R. 2601. themselves unable to secure housing Mr. Speaker, I yield back the balance Florida (Mr. BILIRAKIS) and the gen- before the start of a school term. of my time. tleman from Minnesota (Mr. WALZ) This is—once again, it is being used a Mr. BILIRAKIS. Mr. Speaker, I en- each will control 20 minutes. lot today, but this is a case that I courage all the Members to support The Chair recognizes the gentleman would concur—a commonsense piece of this great piece of legislation. from Florida. Mr. Speaker, I yield back the balance legislation that asks for documenta- GENERAL LEAVE tion that the VA can electronically of my time. Mr. BILIRAKIS. Mr. Speaker, I ask The SPEAKER pro tempore. The provide to allow all of our veterans to unanimous consent that all Members question is on the motion offered by more easily use their earned benefits. have 5 legislative days to revise and ex- the gentleman from Florida (Mr. BILI- Mr. Speaker, I urge support, and I re- tend their remarks, and include extra- RAKIS) that the House suspend the rules serve the balance of my time. neous material on H.R. 3634. and pass the bill, H.R. 2601, as amend- Mr. BILIRAKIS. Mr. Speaker, I re- The SPEAKER pro tempore. Is there ed. serve the balance of my time. The question was taken; and (two- objection to the request of the gen- Mr. WALZ. Mr. Speaker, I yield 4 thirds being in the affirmative) the tleman from Florida? minutes to the gentleman from Con- rules were suspended and the bill, as There was no objection. necticut (Mr. HIMES), the author of this amended, was passed. Mr. BILIRAKIS. Mr. Speaker, I yield piece of legislation and a staunch sup- A motion to reconsider was laid on myself such time as I may consume. porter of our Nation’s veterans. the table. Mr. Speaker, I rise today in support Mr. HIMES. Mr. Speaker, I thank the of H.R. 3634, the Securing Electronic f gentleman from Minnesota for yield- Records for Veterans’ Ease Act of 2017, ing. REPORT ON RESOLUTION PRO- or SERVE Act. Mr. Speaker, I rise in strong support VIDING FOR CONSIDERATION OF Under the post-9/11 GI Bill, eligible of the Securing Electronic Records for H.R. 2201, MICRO OFFERING SAFE servicemembers, veterans, and their Veterans’ Ease Act, the SERVE Act, HARBOR ACT dependents are provided a monthly al- because we all know and feel that vet- Mr. SESSIONS, from the Committee lowance that is based on the cost of liv- erans and their families face very real on Rules, submitted a privileged report ing where they are taking the majority challenges when they transition to ci- (Rept. No. 115–401) on the resolution (H. of their classes at the E–5 with depend- vilian life. We all know that we have Res. 609) providing for consideration of ents rate. an important responsibility to do what the bill (H.R. 2201) to amend the Secu- For many students, this living sti- we can to help. Finding housing or a rities Act of 1933 to exempt certain pend payment can be their only source roof over their heads should not be an micro-offerings from the registration of income, and proving that they will ordeal, especially if it is caused by dif- requirements of such Act, and for other receive this payment while in school is ficulties in showing the stipend that purposes, which was referred to the important for them to show income for student veterans get from Uncle Sam. House Calendar and ordered to be the purposes of renting an apartment In conversations with student vet- printed. or home while they are in school. It erans throughout my district, proof of f makes sense. income for housing kept coming up as The SERVE Act would help address SECURING ELECTRONIC RECORDS a big challenge. In fact, Nick Quinzi, a this problem and would require the FOR VETERANS’ EASE ACT OF 2017 marine and founder of the Veteran’s Secretary to electronically provide Student Association at Sacred Heart Mr. BILIRAKIS. Mr. Speaker, I move documentation that verifies the University in Fairfield, Connecticut, to suspend the rules and pass the bill amount of the monthly housing stipend told my office that if he had a wish list (H.R. 3634) to amend title 38, United an individual receives under the GI of things to make his veteran experi- States Code, to ensure that individuals Bill. This would allow beneficiaries to ence better, the number one item may access documentation verifying use this documentation as proof of in- would be fixing the lack of verification the monthly housing stipend paid to come when applying for housing. for the monthly housing stipend and, the individual under the Post-9/11 Edu- Mr. Speaker, this is a commonsense, therefore, giving him better access to cational Assistance Program of the De- bipartisan bill that will help student housing. partment of Veterans Affairs. veterans secure housing and would The fact that Nick and many vet- The Clerk read the title of the bill. eliminate roadblocks to a student vet- erans like him have no proof of income The text of the bill is as follows: eran’s academic success. I thank Mr. that a property manager or landlord H.R. 3634 JIM HIMES of Connecticut for intro- could consider when weighing credit- Be it enacted by the Senate and House of Rep- ducing this particular bill. It has my worthiness and income qualifications is resentatives of the United States of America in Congress assembled, support. the definition of an unnecessary bur- SECTION 1. SHORT TITLE. Mr. Speaker, I reserve the balance of den. This Act may be cited as the ‘‘Securing my time. Mr. Speaker, this bipartisan legisla- Electronic Records for Veterans’ Ease Act of Mr. WALZ. Mr. Speaker, I yield my- tion would help veterans obtain proof 2017’’ or the ‘‘SERVE Act of 2017’’. self such time as I may consume. of income for the housing allowance

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.070 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8561 they receive while utilizing the post-9/ certified mail and plain language in vise and extend their remarks and to 11 GI Bill. This is, as we have all said, certain debt collection activities, as include extraneous material on H.R. a commonsense fix to this problem. It amended. 3705, as amended. requires the VA to make documenta- The Clerk read the title of the bill. The SPEAKER pro tempore. Is there tion for the post-9/11 GI Bill monthly The text of the bill is as follows: objection to the request of the gen- housing stipend accessible and avail- H.R. 3705 tleman from Florida? able online. That is it. Be it enacted by the Senate and House of Rep- There was no objection. Student veterans will use this docu- resentatives of the United States of America in Mr. BILIRAKIS. Mr. Speaker, I yield mentation to provide needed verifica- Congress assembled, myself such time as I may consume. tion to housing agents, apartment SECTION 1. SHORT TITLE. Mr. Speaker, I rise today in support managers, and potential landlords. This Act may be cited as the ‘‘Veterans Fair of H.R. 3705, as amended, the Veterans This bill would provide a permanent so- Debt Notice Act of 2017’’. Fair Debt Notice Act of 2017, intro- lution to the inadequacy of the state- SEC. 2. DEPARTMENT OF VETERANS AFFAIRS NO- duced by Congresswoman PINGREE from TICE RELATING TO DEBT COLLEC- ment of benefits that is currently TION ACTIVITIES. Maine. available—an official form, accessible (a) DEBT NOTIFICATION LETTERS.—The Sec- This bill would help ensure that online, that verifies the housing ben- retary of Veterans Affairs shall collaborate with beneficiaries who have received an efit is necessary and builds upon exist- veterans service organizations to write a stand- overpayment from VA clearly under- ing website functionality. The VA’s ard letter to be provided to individuals who the stand why the Department believes the eBenefits site already provides access Secretary determines owe debts to the Depart- veteran owes the money. to certification letters for VA com- ment of Veterans Affairs. Such letter shall be Under VA’s current practice, when written in plain language and shall include a pensation and pension benefits. the Department determines that a ben- notice of the debt and a clear explanation of— eficiary may have received an overpay- Mr. Speaker, this fix could have a big (1) why the individual owes money to the De- effect. There are close to 1.1 million partment of Veterans Affairs; and ment, it sends a letter to the bene- student veterans using the post-9/11 GI (2) the options available to the individual. ficiary that explains why the debt was Bill who would be eligible to benefit (b) DELIVERY OF LETTERS.—The Secretary created and how the veteran can dis- from this. shall develop a method by which individuals pute or mitigate the debt. But if VA Mr. Speaker, our veterans have may elect to receive debt notification letters by doesn’t have the veteran’s current ad- earned this benefit. We, as elected offi- electronic means and shall ensure, to the extent dress, the veteran may miss important practicable, that the letter developed under sub- deadlines. For example, if the bene- cials, feel a responsibility to make sure section (a) is delivered to intended recipients that they do not face bureaucratic hur- who have made such an election by both stand- ficiary intends to request a full waiver dles that prevent them from taking ad- ard mail and by electronic means and to in- of the debt but does not request that vantage of all of the benefits that they tended recipients who have not made such an waiver within 30 days of the date of the have earned. election only by standard mail. letter, VA may take action to withhold I would like to close by thanking Dr. (c) NOTICE TO CONGRESS.— benefits until the waiver request is ad- (1) NOTICE OF COMPLETION.—Upon completion ROE and Ranking Member WALZ for judicated. of the letter required under subsection (a), the their role in bringing this bill to the Sound confusing? Secretary shall submit to Congress notice of the It certainly is. We can’t have that for floor and for their work on behalf of all completion of the letter. of our Nation’s veterans. (2) PROGRESS REPORTS.—If the Secretary has our veterans. Mr. WALZ. Mr. Speaker, I thank the not submitted the notice required by paragraph Another issue is that some veterans gentleman from Connecticut once (1) by the date that is 90 days after the date of find the language used in the letters to again. This is a good piece of legisla- the enactment of this Act, the Secretary shall— be unclear and confusing. I am sure tion. It will speed the benefits that (A) submit to Congress a report describing the that is true, too. It is only fair that the progress of the Secretary toward implementing were earned by our Nation’s veterans. veteran understands why the Depart- subsection (a) and an explanation for why the ment believes he or she owes the Mr. Speaker, I urge my colleagues to letter has not been completed; and support H.R. 3634, and I yield back the (B) every 30 days thereafter until the sub- money. It is the least we can do. balance of my time. mittal of the notice required by paragraph (1), H.R. 3705, as amended, would require Mr. BILIRAKIS. Mr. Speaker, I submit to Congress an update to the report VA to develop a new notification letter thank the sponsor of the bill, Mr. under subparagraph (A) that includes an addi- that explains in plain language how the HIMES, first of all, for holding the tional explanation for the failure to complete alleged debt was created and what ac- roundtables and the town halls—they the letter. tions the veteran can take to dispute (d) STUDY; REPORT.— mean so much—and identifying the or mitigate the debt. (1) STUDY.—The Secretary of Veterans Affairs In addition, the bill would direct VA problem. We are solving it here today, shall conduct a study on the process by which so I appreciate all of the support for the Department of Veterans Affairs notifies vet- to study and report to Congress on its this bill. erans of debt collection efforts. Such study shall current debt collection process, includ- Mr. Speaker, I yield back the balance include— ing how many veterans are not receiv- of my time. (A) an analysis of the scope of the problem of ing debt collection notices because of veterans not receiving debt collection notices; incorrect addresses. The report would b 1600 (B) a description of any non-legislative ac- also describe the steps VA will take to The SPEAKER pro tempore (Mr. tions the Secretary could take to reduce the reduce the number of incorrect ad- number of incorrect or unknown addresses of ALADAO dresses in the Department’s databases. V ). The question is on the mo- veterans in the databases of the Department tion offered by the gentleman from and a timeline for adopting such actions; and Mr. Speaker, I reserve the balance of Florida (Mr. BILIRAKIS) that the House (C) an estimate of the costs associated with my time. suspend the rules and pass the bill, sending debt collection notices by certified mail. Mr. WALZ. Mr. Speaker, I yield my- H.R. 3634. (2) REPORT.—Not later than 12 months after self such time as I may consume. The question was taken; and (two- the date of the enactment of this Act, the Sec- I feel like we are on a roll, Mr. thirds being in the affirmative) the retary shall submit to Congress a report on the Speaker. We should stay here all day. rules were suspended and the bill was study conducted under paragraph (1). Bipartisan, commonsense legislation passed. The SPEAKER pro tempore. Pursu- improving the lives of veterans, it kind A motion to reconsider was laid on ant to the rule, the gentleman from of feels like what we came here for. the table. Florida (Mr. BILIRAKIS) and the gen- I rise in strong support of another tleman from Minnesota (Mr. WALZ) f one of those, H.R. 3705, as amended, the each will control 20 minutes. Veterans Fair Debt Notice Act intro- VETERANS FAIR DEBT NOTICE The Chair recognizes the gentleman duced by the gentlewoman from Maine ACT OF 2017 from Florida. (Ms. PINGREE). Mr. BILIRAKIS. Mr. Speaker, I move GENERAL LEAVE Again, you heard it from the vice to suspend the rules and pass the bill Mr. BILIRAKIS. Mr. Speaker, I ask chairman, if a veteran incurs an over- (H.R. 3705) to direct the Secretary of unanimous consent that all Members payment in benefits, VA sends out a se- Veterans Affairs to require the use of have 5 legislative days in which to re- ries of letters notifying him or her of

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.073 H07NOPT1 H8562 CONGRESSIONAL RECORD — HOUSE November 7, 2017 this debt and the steps that can be GREE), who is the author of this good, The question was taken. taken to address the issue. The letter smart, overdue piece of legislation. The SPEAKER pro tempore. In the is time stamped when mailed and, if Ms. PINGREE. Mr. Speaker, I thank opinion of the Chair, two-thirds being what VA is asking for is not received the ranking member for yielding me in the affirmative, the ayes have it. within a specific timeline, the veteran the time and for all those wonderful Mr. BILIRAKIS. Mr. Speaker, on loses the ability to take certain ac- compliments. I don’t know that I have that I demand the yeas and nays. tions toward addressing or disputing ever had that said about a bill that I The yeas and nays were ordered. the debt. have submitted, so I am very happy to The SPEAKER pro tempore. Pursu- Many veterans come to every one of be here today and to be able to support ant to clause 8 of rule XX, further pro- our offices reporting never receiving the Veterans Fair Debt Notice Act. ceedings on this motion will be post- these letters. I know all of us have Mr. Speaker, as you heard, this bill poned. heard that story. These are people who offers a commonsense fix to frustra- f I know and trust. It got sent to the tions that veterans in my district and VETERANS APPRENTICESHIP AND wrong address, something happened, across the country have experienced and they never got it. LABOR OPPORTUNITY REFORM with VA’s debt management system. ACT Further, the letter VA is sending is Veterans in Maine have called my of- full of complicated legal terms and ci- fice shocked to find out that they owe Mr. BILIRAKIS. Mr. Speaker, I move tations of public laws. We know these VA money. Some are confused by the to suspend the rules and pass the bill letters alarm and confuse veterans un- letters they receive. Others are told by (H.R. 3949) to amend title 38, United necessarily. I have personally had them VA that they have missed important States Code, to provide for the designa- come in, show them to me, and as the deadlines to dispute, to seek forgive- tion of State approving agencies for ranking member of the Veterans’ Af- ness, or to create a payment plan for multi-State apprenticeship programs fairs Committee—and it is a VA let- the alleged debt. for purposes of the educational assist- ter—I don’t understand what they are Regardless of whether the debt is real ance programs of the Department of asking for in this from a veteran who or a mistake by VA, we shouldn’t make Veterans Affairs, as amended. receives it out of nowhere. it so hard for veterans to know their The Clerk read the title of the bill. The bill before us today represents a rights and obligations. The text of the bill is as follows: real bipartisan effort to ensure that We have seen single mom veterans H.R. 3949 veterans get timely notices of overpay- who can’t get a home loan and newly Be it enacted by the Senate and House of Rep- ments or debt, and that these notices transitioned servicemembers who resentatives of the United States of America in are respectful, informative, helpful, struggle to reintegrate with garnished Congress assembled, and collaborative. pay, recouped tax returns, and reduced SECTION 1. SHORT TITLE. It does it in three ways. First, H.R. disability payments, all because of as- This Act may be cited as the ‘‘Veterans Ap- 3705, as amended, directs the Secretary prenticeship and Labor Opportunity Reform signed debts they knew nothing about to develop a way veterans may elect to Act’’ or the ‘‘VALOR Act’’. after notifications got sent to the receive debt notification letters by SEC. 2. DESIGNATION OF STATE APPROVING wrong place or ‘‘lost in the mail.’’ email in addition to receiving standard AGENCIES FOR MULTI-STATE AP- In response, H.R. 3705 directs VA to PRENTICESHIP PROGRAMS. mail notices. Imagine that in 2017. work with veterans service organiza- Paragraph (1) of subsection (c) of section 3672 Second, it directs VA to conduct a of title 38, United States Code, is amended to study of the problem of veterans not tions to develop standard notification letters that are written in plain lan- read as follows: receiving debt letters and to provide a ‘‘(1)(A) The State approving agency for a description of the nonlegislative ac- guage. It also directs VA to explore multi-State apprenticeship program is— tions the Secretary could take to re- how to inform veterans of debts more ‘‘(i) for purposes of approval of the program, duce the number of incorrect addresses, quickly by sending notifications elec- the State approving agency for the State in particularly by using the other VHA tronically, like an email, in addition to which the headquarters of the apprenticeship standard mail. program is located; and databases. ‘‘(ii) for all other purposes, the State approv- At this point in time, I would also It requires VA to study why so many veterans have not received notifica- ing agency for the State in which the appren- note we are taking steps in our com- ticeship program takes place. mittee to make sure now, when you tions in the mail, as well as steps VA ‘‘(B) In this paragraph, the term ‘multi-State leave the service, that we are able to can take to improve its address data- apprenticeship program’ means a non-Federal capture emails, we are able to capture base and the costs using certified mail. apprenticeship program operating in more than alternate addresses to make sure be- I thank Chairmen ROE and BOST and one State that meets the minimum national pro- cause a lot of times veterans are in Ranking Members WALZ and ESTY for gram standards, as developed by the Depart- transition, they are moving, those bringing this legislation to the House ment of Labor.’’. types of things are happening. floor, and I urge its passage. SEC. 3. ELIMINATION OF CERTAIN CERTIFI- Mr. WALZ. In closing, Mr. Speaker, I CATION REQUIREMENT FOR ASSIST- Third and most importantly, the bill ANCE FOR APPRENTICESHIP AND requires that, in the future, debt no- thank the gentlewoman from Maine for OTHER ON-JOB TRAINING. tices provide a clear explanation in un- her remarks. This is a good piece of Section 3680(c) of title 38, United States Code, derstandable language for why the debt legislation. As I have said, everybody is amended by striking ‘‘shall have received—’’ is owed and what due process options a who serves in this House has received and all that follows through ‘‘person’s certifi- veteran has available to her or him. veterans in their office either carrying cate,’’ and inserting ‘‘receives from the training establishment a certification’’. The CBO has estimated the cost of this letter or talking about a letter this measure to be insignificant. they never received. This makes it The SPEAKER pro tempore. Pursu- The approaches in the bill are the much better. It gives the benefit of the ant to the rule, the gentleman from first steps to remedying a longstanding doubt back to the veteran and makes it Florida (Mr. BILIRAKIS) and the gen- problem and will make a positive easier for them to get this solved in the tleman from Minnesota (Mr. WALZ) change for the thousands of veterans right manner. each will control 20 minutes. who receive overpayment notices. Mr. Speaker, please join me in sup- The Chair recognizes the gentleman Mr. Speaker, I want to thank Dis- port of H.R. 3705, and I yield back the from Florida. ability Assistance and Memorial Af- balance of my time. GENERAL LEAVE fairs Subcommittee Chairman MIKE Mr. BILIRAKIS. Mr. Speaker, let’s Mr. BILIRAKIS. Mr. Speaker, I ask BOST and Ranking Member ELIZABETH pass this good bill, and I yield back the unanimous consent that all Members ESTY for working together on this leg- balance of my time. have 5 legislative days in which to re- islation, in addition to Dr. ROE. We are The SPEAKER pro tempore. The vise and extend their remarks and to also going to hear from the author of question is on the motion offered by include extraneous material on H.R. this piece of legislation. Certainly I en- the gentleman from Florida (Mr. BILI- 3949, as amended. courage support of H.R. 3705. RAKIS) that the House suspend the rules The SPEAKER pro tempore. Is there Mr. Speaker, I yield 4 minutes to the and pass the bill, H.R. 3705, as amend- objection to the request of the gen- gentlewoman from Maine (Ms. PIN- ed. tleman from Florida?

VerDate Sep 11 2014 02:21 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.075 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8563 There was no objection. Mr. ARRINGTON. Mr. Speaker, today eran an apprenticeship, you have to Mr. BILIRAKIS. Mr. Speaker, I yield I rise in strong support of H.R. 3949, yet register in 50 different States. As a re- myself such time as I may consume. another piece of bipartisan, common- sult, small businesses or medium-sized Mr. Speaker, I rise today in support sense legislation that will serve our businesses say, ‘‘Well, we can’t do that; of H.R. 3949, as amended, the Veterans veterans. we can’t fill out paperwork in 50 dif- Apprenticeship and Labor Opportunity In the transition from deployment to ferent States,’’ so they don’t offer Reform Act, or the VALOR Act. employment, apprenticeship programs these apprenticeships. Our bill says, This bill, introduced by Mr. KHANNA, have proven to be extremely successful. very simply, the only place that you Mr. ARRINGTON, and Mr. O’ROURKE, Roughly 20,000 veterans are actively should have to register in is the State would help streamline the approval of training or participating in these pro- that you are headquartered. national apprenticeship programs for grams, and their employment out- This is the type of commonsense leg- the use of GI Bill funds, which is very comes are nothing short of impressive. islation that isn’t partisan. It is going important. According to VA’s data, over 90 percent to give more opportunities to the peo- Once a national apprenticeship is GI of veteran apprentices are employed ple who have earned them by serving Bill approved, veterans are eligible for after completing their programs with our country: veterans. tiered payments that help them com- an average starting wage of over I wish to recognize a few other people plete the program that leads to a suc- $60,000. Over their lifetime, apprentices who have made this possible. Of course, cessful career. see an increase in compensation of over Chairman ROE, whose leadership was This bill also helps eliminate an out- $300,000 as compared to their peers. critical, in addition to Chairman of-date requirement that created un- These programs aren’t just a win for ARRINGTON; Ranking Member necessary paperwork for a veteran to our veterans, they are a win for tax- O’ROURKE; and the staff: Cathy Yu, complete before they could get paid for payers. Every dollar invested in ap- Kelsey Baron, and Jon Clark. I also want to particularly recognize, work completed during the apprentice- prenticeship programs sees a return in on the Senate side, Aaron Murphy and ship. benefits of $35. While it is clear to see the advan- Tony McClain in Senator TESTER’s of- Mr. Speaker, this is another com- fice, and a companion Senate bill with monsense, bipartisan bill that will help tages of apprenticeship programs, like Senator TOM COTTON and Senator THOM employers become approved under the in many parts of VA, this program is TILLIS, as well as their staff, Jake Bai- GI Bill and ensure the student veterans hampered by needless burden and bu- reaucracy. Currently, private employ- ley and Bill Bode. secure placement in apprenticeship Finally, I realize that there is only ers who offer these programs in more programs that lead to employment. one person more than Members of Con- than one State have to register with Mr. Speaker, I reserve the balance of gress or staff who often gets things to each State individually. Burdened by my time. move in this committee, and that is Mr. WALZ. Mr. Speaker, I yield my- the difficulty and trail of paperwork Dr. Joe Westcott, the legislative direc- self such time as I may consume. that this creates, many employers only tor of the National Association of Mr. Speaker, H.R. 3949 allows multi- choose to participate in a limited way State Approving Agencies. Joe and I State apprenticeship programs to go or they just don’t offer them alto- have become friends. He has been such through GI Bill approval in just the gether. a voice for innovation and for this bill. State that they are headquartered in, H.R. 3949, the Veterans Apprentice- He really is the reason that this bill streamlining the approval process so ship and Labor Opportunity Reform has moved in the House and, I hope, in that programs have a lower adminis- Act, or the VALOR Act, authored by the Senate. trative hurdle to jump over before my good friend and colleague, Con- Mr. WALZ. Mr. Speaker, I thank the being able to provide training to vet- gressman RO KHANNA, streamlines the gentleman from California and his co- erans. registration process for employers, authors. Currently, non-Federal apprentice- which, in turn, encourages them to Again, this is smart. He is leaning ship programs that have locations in participate and leads to more opportu- into this, bringing innovation. He came multiple States must go through the nities for our veterans. to the Veterans’ Affairs Committee and approval process with the State ap- Given the tremendous sacrifice our looked at ways that we can streamline proving agency in each of the States veterans have made for our country, we this process. It is a good piece of legis- where it operates before it can be ap- should do everything we can to ensure lation. proved for GI Bill benefits in that that they have access to good jobs, and Mr. Speaker, I encourage my col- State. the VALOR Act does just that. leagues to support this, and I yield In order to encourage more high- I would like to thank Mr. KHANNA back the balance of my time. quality apprenticeship programs to ob- again for his hard work and his leader- Mr. BILIRAKIS. Mr. Speaker, I tain approval for GI Bill benefits so ship on this legislation. thank Representative KHANNA and all Mr. Speaker, I urge all of my col- that they can serve more veterans, this the sponsors, including Chairman leagues to support it. bill would allow multi-State programs ARRINGTON, as well, for recognizing the Mr. WALZ. Mr. Speaker, I yield 3 to simply seek approval from the State problem and solving it. This is the way minutes to the gentleman from Cali- approving agency in the State where Congress should work. fornia (Mr. KHANNA), who is not just a Mr. Speaker, I encourage support for they are headquartered. national voice, but a global voice on this particular bill, and I yield back Once they have obtained the State’s manufacturing entrepreneurism, and the balance of my time. approval, the program will automati- apprenticeships; and who is one of the The SPEAKER pro tempore. The cally be approved in all of the other authors of this piece of legislation. question is on the motion offered by States in which it operates. the gentleman from Florida (Mr. BILI- We are encouraging apprenticeships. b 1615 RAKIS) that the House suspend the rules They are a great way for our veterans Mr. KHANNA. Mr. Speaker, I rise in and pass the bill, H.R. 3949, as amend- to use their earned benefits to get into support of the bipartisan bill, H.R. 3949. ed. well-paying, long-term careers. We Mr. Speaker, I want to thank the The question was taken; and (two- should encourage more companies and ranking member. I was in his office thirds being in the affirmative) the industries to do that. This piece of leg- early on, and he really gave a freshman rules were suspended and the bill, as islation is smart and does that. In just Member of Congress the guidance on amended, was passed. a moment we will hear from one of the how to get this through. I want to A motion to reconsider was laid on authors of it explaining how it will do thank Chairman ARRINGTON for co- the table. that. authoring this legislation and for his f Mr. Speaker, I reserve the balance of leadership. I also thank Congressman my time. BILIRAKIS for his kind words about the VETERANS CRISIS LINE STUDY Mr. BILIRAKIS. Mr. Speaker, I yield legislation. ACT OF 2017 3 minutes to the gentleman from Texas The legislation is very, very simple. Mr. BILIRAKIS. Mr. Speaker, I move (Mr. ARRINGTON.) Right now, if you want to offer a vet- to suspend the rules and pass the bill

VerDate Sep 11 2014 04:54 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.078 H07NOPT1 H8564 CONGRESSIONAL RECORD — HOUSE November 7, 2017 (H.R. 4173) to direct the Secretary of (B) of such veterans, how many times did a Veterans Crisis Line has answered over Veterans Affairs to conduct a study on veteran contact the Veterans Crisis Line 2.3 million calls, over 55,000 texts, and the Veterans Crisis Line, as amended. prior to committing or attempting suicide. dispatched emergency services over (7) The long-term efficacy of the Veterans 61,000 times. As these statistics show, The Clerk read the title of the bill. Crisis Line in preventing repeated suicide at- The text of the bill is as follows: tempts and whether the efficacy is tem- the Veterans Crisis Line is an incred- H.R. 4173 porary, by determining, of the number of ibly valuable resource for veterans. veterans who contacted the Veterans Crisis However, while the VA tracks and eval- Be it enacted by the Senate and House of Rep- Line and did not commit or attempt suicide uates statistics such as these for qual- resentatives of the United States of America in during the following six-month period, the Congress assembled, ity and access metrics, it does not cur- number who contacted the Veterans Crisis rently process them through any mean- SECTION 1. SHORT TITLE. Line in crisis at a later time and thereafter ingful form of data analytics as it re- This Act may be cited as the ‘‘Veterans did commit or attempt suicide. lates to the effectiveness of the pro- Crisis Line Study Act of 2017’’. (8) Whether referral to mental health care gram. SEC. 2. STUDY ON EFFICACY OF VETERANS CRI- affects the risk of suicide, by determining— SIS LINE. (A) the number of veterans who contact So, Mr. Speaker, H.R. 4173, as amend- (a) STUDY.—The Secretary of Veterans Af- the Veterans Crisis Line who are not referred ed, the Veterans Crisis Line Study Act fairs shall conduct a study on the outcomes to, or do not continue receiving, mental of 2017, would direct the Secretary to and the efficacy of the Veterans Crisis Line health care who commit suicide; and evaluate the efficacy of the VCL with during the five-year period beginning Janu- (B) the number of veterans described in paragraph (1)(A) who commit or attempt sui- respect to continuity of VA mental ary 1, 2014, based on an analysis of national health services using the same anony- suicide data and data collected from the Vet- cide. erans Crisis Line. (9) The efficacy of the Veterans Crisis Line mous data points as are currently col- (b) MATTERS INCLUDED.—The study under to promote continued mental health care in lected by the VCL. Research and data subsection (a) shall address the following: those veterans who are at high risk for sui- analysis of these anonymous data (1) The efficacy of the Veterans Crisis Line cide whose suicide was prevented, by deter- points would utilize the growing na- in leading veterans to sustained mental mining, of the number of veterans who con- tional availability of statistics regard- health regimens, by determining— tacted the Veterans Crisis Line and did not ing suicides to better evaluate the im- (A) the number of veterans who, after con- commit or attempt suicide soon thereafter, the number that begin and continue to re- pact of the VCL and potentially high- tacting the Veterans Crisis Line and being light opportunities for outcome im- referred to a suicide prevention specialist, ceive mental health care furnished by the begin and continue mental health care fur- Secretary. provements. nished by the Secretary of Veterans Affairs; (10) Such other matters as the Secretary Mr. Speaker, I believe that evalu- and determines appropriate. ating the VCL effectively requires a (c) RULE OF CONSTRUCTION REGARDING (B) the number of veterans who, after con- focus on the full continuum of mental tacting the Veterans Crisis Line and being DATA COLLECTION.—Nothing in this section may be construed to modify or affect the health services provided by VA once a referred to a suicide prevention specialist, veteran first contacts the VCL or es- either— manner in which data is collected, or the (i) begin mental health care furnished by kind or content of data collected, by the Sec- tablishes a need for mental health serv- the Secretary but do not continue such care; retary under the Veterans Crisis Line. ices. (d) SUBMISSION.—Not later than May 31, or 2019, the Secretary shall submit to the Com- Again, it is important to note that, (ii) do not begin such care. mittees on Veterans’ Affairs of the House of under this legislation, the privacy of (2) The visibility of the Veterans Crisis Representatives and the Senate the study the caller is to be honored, and the Line, by determining— under subsection (a). VCL is directed to continue collecting (A) the number of veterans who contact (e) VETERANS CRISIS LINE DEFINED.—In this the Veterans Crisis Line and have not pre- data points in exactly the same man- section, the term ‘‘Veterans Crisis Line’’ ner as they currently are. viously received hospital care or medical means the toll-free hotline for veterans es- services furnished by the Secretary; and tablished under section 1720F(h) of title 38, Mr. Speaker, I ask my colleagues to (B) the number of veterans who contact United States Code. support this great bill, and I reserve the Veterans Crisis Line and have previously received hospital care or medical services The SPEAKER pro tempore. Pursu- the balance of my time. furnished by the Secretary. ant to the rule, the gentleman from Mr. WALZ. Mr. Speaker, I yield my- (3) The role of the Veterans Crisis Line as Florida (Mr. BILIRAKIS) and the gen- self such time as I may consume. part of the mental health care services of the tleman from Minnesota (Mr. WALZ) Mr. Speaker, I, too, rise in support of Department, by determining, of the veterans each will control 20 minutes. who are enrolled in the health care system The Chair recognizes the gentleman H.R. 4173. I would like to thank the established under section 1705(a) of title 38, from Florida. gentleman, Mr. BANKS of Indiana, for United States Code, who contact the Vet- GENERAL LEAVE his work on this. This is a piece of leg- erans Crisis Line, the number who are under Mr. BILIRAKIS. Mr. Speaker, I ask islation very near and dear to my the care of a mental health care provider of heart. the Department at the time of such contact. unanimous consent that all Members (4) Whether receiving sustained mental may have 5 legislative days in which to One of the first pieces of legislation I health care affects suicidality and whether revise and extend their remarks and in- worked on when I got to this House in veterans previously receiving mental health clude extraneous material on H.R. 4173, 2007 was the Joshua Omvig Veterans care furnished by the Secretary use the Vet- as amended. Suicide Prevention Act, which was erans Crisis Line in times of crisis, with re- The SPEAKER pro tempore. Is there dealing with the loss of a young war- spect to the veterans described in paragraph objection to the request of the gen- rior from . One of the pieces of leg- (3), by determining the time frame between tleman from Florida? islation that came out of that was the receiving such care and the time of such con- There was no objection. Veterans Crisis Line, with the idea tact. Mr. BILIRAKIS. Mr. Speaker, I yield (5) The effectiveness of the Veterans Crisis that we needed that. myself such time as I may consume. Line in assisting veterans at risk for suicide That was a good piece of legislation, Mr. Speaker, I rise today in support when the Veterans Crisis Line is contacted but as time has gone by, Mr. BANKS has of H.R. 4173, as amended, the Veterans by a non-veteran, by determining, of the pointed out ways to improve that. I am Crisis Line Study Act of 2017, offered number of non-veterans who contact the in full support. I am grateful for the Veterans Crisis Line looking for support in by my friend and committee member, thought that he has put into this. I am assisting a veteran, how many of such indi- Representative JIM BANKS of Indiana. viduals receive support in having a veteran Mr. Speaker, the Veterans Crisis grateful for the gentleman from Flor- begin to receive mental health care fur- Line, or VCL, was established in 2007 as ida’s recognition that we may never nished by the Secretary. a partnership between the Department know with absolute certainty how (6) The overall efficacy of the Veterans Cri- of Veterans Affairs, the Substance many lives we save, but I think each of sis Line in preventing suicides and whether us know that this has been an invalu- the number of contacts affects the efficacy, Abuse and Mental Health Services Ad- ministration, and the National Suicide able service. It is one we should con- by determining— tinue and try to make better. (A) the number of veterans who contact Prevention Hotline. the Veterans Crisis Line who ultimately According to the Government Ac- Mr. Speaker, I am in full support, commit or attempt suicide; and countability Office, as of May 2016, the and I reserve the balance of my time.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.080 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8565 Mr. BILIRAKIS. Mr. Speaker, I yield I ask my colleagues to support the and with the VA. The bill passed unani- 3 minutes to the gentleman from Indi- passage of H.R. 4173. mously. President Obama signed it into ana (Mr. BANKS), who is the main spon- Mr. WALZ. Mr. Speaker, I have no law. sor of this particular bill, a great bill further speakers, and I reserve the bal- But we know that, with a stroke of a that has saved lives. ance of my time. pen, it doesn’t just fix things. You have I also appreciate Representative Mr. BILIRAKIS. Mr. Speaker, I yield to have constant oversight and demand WALZ for sponsoring the bill. I remem- 2 minutes to the gentleman from Colo- transparency and accountability. ber when he did it. We came in to- rado (Mr. COFFMAN). I went down to one of the Veterans gether. Mr. COFFMAN. Mr. Speaker, last Crisis Line centers in Atlanta and vis- Mr. BANKS of Indiana. Mr. Speaker, year, the VA’s suicide data report re- ited with those who ran it and those re- let me first thank the gentleman from vealed that an average of 20 veterans a sponders who picked up the phone Florida for his continued efforts to sup- day committed suicide. A year later, every day to talk to our veterans to see port our veterans. As a proud member our Nation is still faced with this epi- how things were going. of the House Veterans’ Affairs Com- demic. b 1630 mittee, it is great to work on such a bi- While the VA is seeing high rates in partisan committee with Ranking calls to the Veterans Crisis Line, there Great improvements, great chal- Member WALZ and other members who is no overarching approach to ensure lenges still, but they are making head- care deeply about our American vet- the VA is effectively preventing future way, and it is with a partnership where erans. suicide attempts and integrating the we can make sure that this works. Mr. Speaker, sadly, every single day hotline information into VA’s mental Oversight, transparency, account- 20 veterans take their own lives. In 1 healthcare services. ability is what this is about, but most year, the total is nearly as many peo- H.R. 4173, the Veterans Crisis Line importantly, this is about keeping our ple who live in my hometown of Colum- Study Act, would address that critical promise to our veterans, those who bia City, Indiana. gap in oversight. This bill would re- have donned the uniform to protect our Veterans account for 18 percent of quire the VA to study the outcomes of rights, the rights of our family mem- 1 suicides, even though they are only 8 ⁄2 the VA’s Veterans Crisis Line while bers, and our loved ones who keep this percent of the total population. Our fe- great Republic going. 1 protecting the privacy and anonymity male veterans are 2 ⁄2 times more like- of the veteran callers. So I want to thank my friend from ly to commit suicide than civilian As a proud cosponsor of H.R. 4173, I Florida, my good friend from Min- women. believe it is critical that Congress en- nesota, and Mr. BANKS from Indiana. I We can’t allow this to continue. Just sures this emergency resource for our am glad to support this legislation, and one veteran suicide a day is a horrible veterans struggling with PTSD or I urge others to as well. tragedy, let alone 20. Our veterans were other mental health conditions is Mr. WALZ. Mr. Speaker, I yield my- vigilant in fighting for our freedoms. self the balance of my time. We must be just as vigilant in fighting working as it should. Mr. Speaker, I encourage my col- Mr. Speaker, over the last 2 days, we for their needs. Mr. Speaker, the bill leagues to support the passage of H.R. have passed 14 bills out of this com- before us today seeks to enable the mittee, the House Veterans’ Affairs VA’s Veterans Crisis Line, or VCL, to 4173. Mr. WALZ. Mr. Speaker, I reserve the Committee, affecting everything from be even more effective in this fight. suicide and suicide prevention to trans- As has already been mentioned, since balance of my time. plant, to the delivery of GI bills, to the 2007, it has fielded nearly 2.8 million Mr. BILIRAKIS. Mr. Speaker, I yield streamlining of the bureaucracy inside calls and 67,000 text messages. But 3 minutes to the gentleman from Iowa the agency, all with a bipartisan effort there is no overarching approach to en- (Mr. YOUNG). on what can we do as a nation to best sure the VA knows the effectiveness of Mr. YOUNG of Iowa. Mr. Speaker, I the VCL in preventing future suicide thank my colleague from Florida, and I deliver on our promise of the earned attempts after the initial phone call or also thank my colleague from Min- benefits that we so deeply owe to those how well the crisis line connects vet- nesota, as well, who has a history on who served us. It is appropriate that we erans to the mental healthcare services this important issue, the genesis going are doing it the week of Veterans Day. of the VA. That is why, with this bill, back to 2007, like my friend from Min- But I want to remind people, this is we can harness the power of data ana- nesota said, with a predecessor of mine, what is possible, Mr. Speaker. This lytics to improve the functionality of former Congressman Leonard Boswell, summer, wrote a the VCL and the VA’s mental who misses this institution and gave story, and it said, if you really want to healthcare services. great service. I know he sends his best. know how Congress is supposed to The VCL is a critical tool, and we I thank my colleague, Mr. BANKS of function, look at the VA Committee. must do everything we can to help it Indiana, for making sure that we are They were pointing out, these are not play as large a role as possible. We always continuing with oversight of easy things. must ensure that our veterans who these important programs to help our People, Mr. Speaker, may think, seek care can access it so that they can veterans. well, everybody supports veterans, but find a long-term solution to their dif- In 2015, the VA did an OIG report and it is hard to get policy right. It is hard ficulties. Mr. Speaker, we must ensure found out that there were some failures to find funding. It is hard to agree on our veterans know they are not alone in the Veterans Crisis Line; there were the best way to deliver it. But I would after the phone call. informational failures. Sometimes peo- have to say, the last 2 days are proof I have spoken with veterans service ple answering the phone at the VA, positive of it. We can do it. We must do organizations throughout this bill’s who are good people and want to help it. We are obligated to do it. progress. I thank them for their feed- our veterans, didn’t have all the infor- When people think of Veterans Day, back and for looking out for our vet- mation they may need. There was a ways that you can observe Veterans erans. lack of timely responsiveness at some Day, I am always of the belief that the I would like to thank Congressman points. best way to honor veterans is to at- MOULTON, who was my lead on the The VA Committee here in the House tempt to live our life in a manner that other side of the aisle, for his work as did some oversight and found out that reflects the dignity and the sacrifice a partner on this bill, as well, and for we needed to make sure that we fixed that they gave in their service. his dedication to our veteran popu- this. So I introduced a bipartisan bill As we sat here today, it may be easy lation. with my colleagues that passed unani- to take it for granted. The public gets I would also like to thank the entire mously in 2016, the No Veterans Crisis frustrated over what happens or what Indiana delegation from both sides of Line Call Should Go Unanswered Act, doesn’t happen here. The idea that the aisle for cosponsoring this bill and to work with the Veterans Affairs De- there are billions of human beings on showing the Hoosier State’s strong partment to make sure that we knew this planet who don’t get the chance to commitment to preventing veteran sui- what they needed to get the job done, self-govern, who don’t get the chance cide. working in partnership across the aisle to openly and freely debate, to try and

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.081 H07NOPT1 H8566 CONGRESSIONAL RECORD — HOUSE November 7, 2017 craft a society we want to live in, and ceedings on this motion will be post- There was no objection. we do it here because of the sacrifice poned. Ms. FOXX. Mr. Speaker, I yield my- that was given to keep this Nation f self such time as I may consume. free. Mr. Speaker, I rise today in strong So the work we do here—and it is SAVE LOCAL BUSINESS ACT support of H.R. 3441, the Save Local often said, you shouldn’t get a pat on Ms. FOXX. Mr. Speaker, pursuant to Business Act. the back for doing what you are sup- House Resolution 607, I call up the bill Mr. Speaker, the premise of this leg- posed to do. That is not what this is (H.R. 3441) to clarify the treatment of islation is simple. It is about pro- about. This is about a recognition that two or more employers as joint em- tecting the ability of entrepreneurs in this Nation cares deeply about the ployers under the National Labor Rela- this country to start and run their own daughters and sons who will serve us. tions Act and the Fair Labor Standards business, and it is about ensuring op- This Nation expects the Congress to Act of 1938, and ask for its immediate portunities within reach for all Ameri- make sure that they are cared for in a consideration in the House. cans. manner that reflects their sacrifice, The Clerk read the title of the bill. Every day, men and women across and they want us to do it in a bipar- The SPEAKER pro tempore. Pursu- the country work hard to earn a pay- tisan manner that celebrates the idea ant to House Resolution 607, the check and provide for their families, of self-governance. amendment in the nature of a sub- and every day, local businessowners So with that, I would say, Mr. Speak- stitute recommended by the Com- work hard to keep their doors open and er, I am proud to support this piece of mittee on Education and the Work- hire employees. legislation as the final piece of this force, printed in the bill, shall be con- Meanwhile, bureaucrats in Wash- package. I am proud of the work and to sidered as adopted, and the bill, as ington are busy setting policies that call my friend from Florida a dear amended, shall be considered read. have a widespread impact on every friend, someone who I know that, be- The text of the bill, as amended, is as workplace in the country. As we tween you and your father, has given follows: learned during the Obama administra- decades of service to our Nation’s vet- H.R. 3441 tion and from rulings made by the pre- erans. Be it enacted by the Senate and House of Rep- vious National Labor Relations Board, There are reasons to be optimistic. resentatives of the United States of America in too often these policies do far more There are reasons to believe that we Congress assembled, harm than good. can get through this. There is reason to SECTION 1. SHORT TITLE. When it comes to rules and policies believe that, come Veterans Day, our This Act may be cited as the ‘‘Save Local governing our Nation’s workforce, better days lie ahead of us. Business Act’’. there has never been a greater need for Mr. Speaker, I support H.R. 4173, and SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. Congress to clarify areas of the law I yield back the balance of my time. (a) NATIONAL LABOR RELATIONS ACT.—Section that shouldn’t be left up to boards and 2(2) of the National Labor Relations Act (29 Federal agencies to decide. That is es- Mr. BILIRAKIS. Mr. Speaker, I yield U.S.C. 152(2)) is amended— myself such time as I may consume. (1) by striking ‘‘The term ‘employer’ ’’ and in- pecially true regarding the joint em- Mr. Speaker, first of all, I support serting ‘‘(A) The term ‘employer’ ’’; and ployer issue. In 2015, when the Obama this great bill. And see how we are (2) by adding at the end the following: administration’s NLRB unilaterally re- doing this? This was set up, the crisis ‘‘(B) A person may be considered a joint em- defined what it means to be a joint em- line was set up a few years ago. We are ployer in relation to an employee only if such ployer, the result was massive confu- improving upon that, and hopefully we person directly, actually, and immediately, and sion and uncertainty. are going to save lives. not in a limited and routine manner, exercises The Committee on Education and the significant control over essential terms and con- Again, I appreciate—I am really ditions of employment, such as hiring employ- Workforce has heard from countless in- proud to serve on this committee. I ees, discharging employees, determining indi- dividuals on how the vague and un- have served on the committee. We have vidual employee rates of pay and benefits, day- workable new joint employer standard served on it together. We came in to- to-day supervision of employees, assigning indi- threatens job creation, creates new gether, and we made our veterans, our vidual work schedules, positions, and tasks, or roadblocks for entrepreneurs, and true heroes, a priority. administering employee discipline.’’. upends successful business models and I appreciate you, sir. You take the (b) FAIR LABOR STANDARDS ACT OF 1938.—Sec- relationships. tion 3(d) of the Fair Labor Standards Act of politics out of it. Chairman ROE takes H.R. 3441, the Save Local Business 1938 (29 U.S.C. 203(d)) is amended— the politics out of it. I like to think I (1) by striking ‘‘ ‘Employer’ includes’’ and in- Act, will deliver much-needed relief by do, too, and all the members of the serting ‘‘(1) ‘Employer’ includes’’; and providing legal clarity under the Na- committee do, and we put our veterans (2) by adding at the end the following: tional Labor Relations Act and the first. This is a moral committee, as ‘‘(2) A person may be considered a joint em- Fair Labor Standards Act. The legisla- you said. It is a moral committee. ployer in relation to an employee for purposes of tion simply restores a commonsense I hope the children are watching this this Act only if such person meets the criteria joint employer standard, and it does so right now because, you know, there is a set forth in section 2(2)(B) of the National Labor in a way that upholds vital worker pro- lot of gridlock in Washington, but we Relations Act (29 U.S.C. 152(2)(B)).’’. tections and ensures all employers work together. They are not high-pro- The SPEAKER pro tempore. The bill know their responsibilities to their em- file bills, but they are very important shall be debatable for 1 hour, equally ployees. bills to our heroes. So, again, I am very divided and controlled by the chair and I want to thank my colleague, Rep- proud to manage these bills today. ranking minority member of the Com- resentative BYRNE, for introducing and Mr. Speaker, I yield back the balance mittee on Education and the Work- tirelessly championing this proposal, of my time. force. along with the Democratic cosponsors. The SPEAKER pro tempore. The The gentlewoman from North Caro- I urge all Members to vote in favor of question is on the motion offered by lina (Ms. FOXX) and the gentleman H.R. 3441 so we can protect local jobs, the gentleman from Florida (Mr. BILI- from Virginia (Mr. SCOTT) each will opportunity, and entrepreneurship. RAKIS) that the House suspend the rules control 30 minutes. Mr. Speaker, I reserve the balance of and pass the bill, H.R. 4173, as amend- The Chair recognizes the gentle- my time. ed. woman from North Carolina. Mr. SCOTT of Virginia. Mr. Speaker, The question was taken. GENERAL LEAVE I yield myself such time as I may con- The SPEAKER pro tempore. In the Ms. FOXX. Mr. Speaker, I ask unani- sume. opinion of the Chair, two-thirds being mous consent that all Members have 5 Mr. Speaker, I rise in opposition to in the affirmative, the ayes have it. legislative days to revise and extend H.R. 3441, the so-called Save Local Mr. BILIRAKIS. Mr. Speaker, on their remarks and include extraneous Business Act. Mr. Speaker, in recent that I demand the yeas and nays. material on H.R. 3441. years, employers have increasingly The yeas and nays were ordered. The SPEAKER pro tempore. Is there moved away from direct hiring of em- The SPEAKER pro tempore. Pursu- objection to the request of the gentle- ployees to the use of permatemps and ant to clause 8 of rule XX, further pro- woman from North Carolina? subcontracting to reduce labor costs

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.083 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8567 and liability. For many workers, the Board’s 2015 decision in Browning-Fer- to stand up for our Nation’s workers name on the door of the building where ris Industries, where the NLRB held and to protect the small local busi- they work may not be the name of the that the client employer, BFI, and its nesses, which form the backbone of the company that technically signs their staffing agency, Leadpoint, were joint American economy. Today is about re- . employers at a recycling facility and, storing decades-old labor law. Ulti- In situations like these, where more therefore, jointly had the duty to bar- mately, today is about giving clarity than one entity controls or has the gain with the union. to workers and job creators all across contractual right to control the terms BFI capped wages that Leadpoint our country. and conditions of employment, the Na- could pay and set scheduling, reserved I have heard from our friends across tional Labor Relations Act and the the right to overrule Leadpoint’s hir- the aisle that somehow someone can be Fair Labor Standards Act hold both en- ing decisions, and, if the NLRB had an employee without there being an tities responsible for violations as joint certified the union with only the staff- employer. I call that the immaculately employers. The joint employment ing agency, Leadpoint, as the em- conceived employee. There is no such standard under the NLRA ensures that ployer, then collective bargaining thing under the law, nor has there ever workers can negotiate with all parties would have been a waste of time be- been. that control the terms and conditions cause Leadpoint was contractually lim- This bill does not change the defini- of employment. Similarly, the joint ited in its ability to bargain without tion of employer. It simply takes the employment standard under the FLSA BFI’s permission. definition of joint employer back to ensures the appropriate companies can The BFI decision reinstated the com- the way it was a few years ago. be held accountable for wage theft, mon law definition of an employer, a It is a shame that we are even having equal pay, overtime pay, and child precedent that had been in place at the to have this bill. But the activist Na- labor violations. NLRB for decades prior to 1984. Critics tional Labor Relations Board in 2015 H.R. 3441 rewrites both the NLRA and contend that the BFI case threatens issued a decision that fundamentally the FLSA by establishing a narrow def- the independence of franchisees. upended labor law as we knew it. This change didn’t come through the demo- inition of joint employer that effec- b 1645 tively eliminates accountability for cratically elected Congress, but, in- Well, first, the BFI decision states stead, from a panel of unelected bu- some of the entities that are actually that it does not cover franchising. Sec- calling the shots. Under this bill, an reaucrats. ond, there are no decisions where a The NLRB’s decision and the result- entity may be a joint employer only if franchisor has ever been held to be a ing regulatory agenda have caused deep it ‘‘directly, actually, and imme- joint employer with its franchisees uncertainty among job creators. For diately’’ exercises control over nine es- under either law. workers, they are left to wonder who sential terms and conditions of em- Despite claims that H.R. 3441 would their boss really is. That is an incred- ployment, such as hiring, firing, deter- protect the independence of ibly confusing situation to be in. mining rates of pay, and scheduling. franchisees, legal experts point out Under the new joint employer stand- However, an entity could have con- that, under this bill, the bill actually ard, what does it mean to have ‘‘indi- trol over all nine of the essential insulates franchisors from liability, rect’’ or ‘‘potential’’ control over an terms, and if it indirectly exercises which leaves the franchisors free to ex- employee? control through an intermediary, such ercise greater control over their I have practiced labor and employ- as a subcontractor, then the entity franchisees’ employee relations with- ment law for decades and I do not know would not be an employer because its out liability. what that means, so I can only imagine control is not direct. This loophole Under this bill, if a franchisor directs the confusion Main Street businesses would allow joint employers to evade actions that could violate wage or are facing due to this standard. liability for child labor or wage theft labor laws, then the franchisee is Currently, there are at least nine dif- and undermine workers’ ability to forced to accept this shared control, ferent legal tests nationwide to deter- bring all of the entities to the bar- without shared responsibility. For ex- mine joint employer status under the gaining table that actually control the ample, suppose the franchisor directs Fair Labor Standards Act, and more to terms and conditions of employment. the franchisee to designate all of the come. This patchwork of standards cre- Alternatively, if an entity controls employees as managers and refuse to ates regulatory uncertainty, especially only eight of these nine essential terms pay them overtime and the court for job creators doing businesses in and outsources the ninth, then it may comes in and says overtime was owed, multiple States. also not be deemed a joint employer then the franchisee is stuck with the So, despite what some on the other under this legislation. That is just a bill because the franchisor is not an side want to believe, this is not an ab- loophole. employer under this bill. That is not stract issue. I have visited numerous Under this legislation, an employee fair to small businesses and it is not local businesses in my district, and could have no employer liable for a vio- fair to franchisees. they are very worried about this lation. This would arise when each of This legislation also creates perverse scheme. I have heard from workers who the joint employers raises a defense incentives by rewarding low-road con- want to remain an employee of a lo- that they are not liable because they struction contractors who compete by cally owned business with an owner are not an employer, because they outsourcing entities that drive down who knows them, instead of becoming don’t control all nine of the essential costs by stealing wages, not paying just another employee in some large terms and conditions of employment. overtime, and other violations. A na- corporation. This bill provides no guidance over tional coalition of construction con- Clearly, I am not the only one who how many of the essential terms the tractors is warned that H.R. 3441 would heard these concerns. This legislation joint employer must control. Do they ‘‘further tilt the field of competition is cosponsored by 123 of my colleagues, have to control two? a majority? all against honest, ethical businesses.’’ including Members from both sides of nine? For those reasons, Mr. Speaker, I the aisle. This is a bipartisan issue be- The consequence is that a court urge a ‘‘no’’ vote, and I reserve the bal- cause it isn’t about politics. Instead, it could find an employee is owed over- ance of my time. is about saving jobs and supporting lo- time, but nobody owes the money be- Ms. FOXX. Mr. Speaker, I yield 3 cally owned businesses. cause nobody qualifies as an employer minutes to the gentleman from Ala- Let me make something crystal under the definition of the bill. This bama (Mr. BYRNE), the chief sponsor of clear: this bill does not remove a single bill opens the door for potential chaos. this bill. protection for today’s workforce. De- And one thing for sure, H.R. 3441 does Mr. BYRNE. Mr. Speaker, I thank spite the scare tactics being used by not provide the clarity that its pro- the gentlewoman for her leadership on big labor bosses and their trial lawyer ponents advertise. this issue and for her continued leader- friends, the same important protec- Today, we are debating legislation ship of our committee. tions exist under this legislation, and that is based on a misplaced criticism Mr. Speaker, today is a big day. any irresponsible employer can be held of the National Labor Relations Today is an opportunity for this House accountable.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.085 H07NOPT1 H8568 CONGRESSIONAL RECORD — HOUSE November 7, 2017 Mr. Speaker, I urge all of my col- Labor Relations Act (NLRA) and the Fair legislation leaves small businesses and their leagues to take the side of our locally Labor Standards Act (FLSA). It has nothing workers without meaningful recourse. We owned businesses, to take the side of to do with protecting small businesses. In urge you, your fellow Committee members, our small business job creators, and to fact, the bill would ensure that small busi- and all Members of the House of Representa- nesses are left with sole responsibility for tives to oppose this bill. take the side of American workers. business practices often mandated by large Sincerely, Let’s end the confusion and let’s pass corporations like franchisors. It would estab- CELINE MCNICHOLAS, the Save Local Business Act. lish a joint employer standard that lets big Labor Counsel, Eco- Mr. SCOTT of Virginia. Mr. Speaker, corporations avoid liability for labor and nomic Policy Insti- I yield myself 30 seconds to state that employment violations and leaves small tute Policy Center. I agree with the gentleman when he businesses on the hook. HEIDI SHIERHOLZ, Given the realities of the modern work- Senior Economist and says that no rights are reduced. The place, in which employees often find them- only problem is you can’t have any- Director of Policy, selves subject to more than one employer, Economic Policy In- body that is liable to fulfill your bene- working people deserve a joint employer stitute Policy Cen- fits under whatever those rights are. If standard that guarantees their rights and ter. you are owed overtime, you are owed protections under basic labor and employ- overtime. That is not reduced. It is just ment laws. Instead, this bill would establish INTERNATIONAL BROTHERHOOD that nobody is there to pay it. a standard that makes it nearly impossible OF TEAMSTERS, Mr. Speaker, I yield 2 minutes to the for workers whose wages are stolen or who Washington, DC, October 3, 2017. are fired for supporting a union to get jus- gentlewoman from Ohio (Ms. FUDGE). House of Representatives, tice. By limiting employer responsibility to Washington, DC. Ms. FUDGE. Mr. Speaker, I thank only those firms who ‘‘directly, actually, and DEAR REPRESENTATIVE: On behalf of the 1.4 Ranking Member SCOTT for yielding. immediately’’ exercise significant control million members of the International Broth- Mr. Speaker, H.R. 3441, the Save over the essential terms and conditions of erhood of Teamsters, I am writing to express Local Business Act, would fundamen- employment, the bill would enable large our vigorous opposition to H.R. 3441, the tally redefine the relationship between firms that contract for services to evade re- Save Local Business Act. I strongly urge you employers and employees. sponsibility under both the NLRA and the to reject this legislation. FLSA. H.R. 3441 seeks to legislate around a cen- Mr. Speaker, corporate profits and When two or more businesses co-determine tury of consistent case law and established income inequality are at an all-time or share control over a worker’s pay, sched- joint employer standards in labor and em- high, yet we are debating a bill that ule, or job duties, then both of those busi- ployment law. The bill redefines the term would strip workers of their right to nesses should be considered employers. A ‘‘employer’’ so narrowly that many workers weak joint employer standard robs workers hold employers accountable, allowing will have no remedy when their employers of their rights, making it impossible for corporations to further stifle wage violate wage laws or their rights to organize them to effectively collectively bargain or growth and undermine collective bar- and bargain collectively. We believe the leg- litigate workplace disputes—and it leaves gaining. This is yet another Republican islation will encourage ‘‘gaming the system’’ small businesses holding the bag when the so that no one exercises enough control to be attempt to make the rich richer and large corporations that control their busi- liable as an employer. the working people poorer, just like ness practices and set their employees’ The legislation would overturn the Na- their tax bill. What we should be fight- schedules violate labor law and refuse to tional Labor Relations Board (NLRB) Brown- ing for is a living wage and employee come to the bargaining table. If this com- ing-Ferris decision and leave worker protec- mittee wishes to support small businesses rights. tions weaker than they were prior to Con- and the workers they employ, then it should My Republican colleagues say the gress adopting the National Labor Relations support a strong joint employer standard law is ambiguous and we must act to Act (NLRA) in 1935. On August 27, 2015, the rather than this legislation. save small businesses. The law is not Since the NLRB narrowed its joint em- NLRB, in its Browning Ferris Industries ambiguous. They just don’t like it be- ployer standard in 1984, contingent and alter- (BFI) decision, affirmed the basic principle cause it holds businesses responsible native workforce arrangements—including that two or more employers are joint em- and forces them to bargain with reliance on temporary staffing firms and ployers of the same employees if they are unions. This bill is an assault on work- contractors to outsource services tradition- both employers under common law and they ‘‘share or co-determine those matters gov- ers. ally performed by in-house workers—have grown dramatically. Recent estimates find erning the essential terms and conditions of Mr. Speaker, I include in the RECORD employment.’’ H.R. 3441 would overturn this a letter from the Economic Policy In- that 15.8 percent of workers were engaged in alternative work arrangements in late 2015, decision and allow employers to evade their stitute outlining how H.R. 3441 will en- or around 24 million workers in today’s labor responsibility to engage in meaningful col- sure small businesses are left with sole market. lective bargaining. responsibility for business practices The NLRB’s 2015 decision in Browning-Fer- The BFI case involves a labor-only, cost- often dictated by large corporations; ris Industries addressed this issue, requiring plus staffing contract under which BFI has and, in addition, a letter from the all firms that control the terms and condi- subcontracted the employment relationship tions of employment to come to the bar- only to a staffing agency, Leadpoint. BFI International Brotherhood of Team- owns the facility and equipment on which sters opposing this bill in support of gaining table, ensuring that workers are again able to engage in their right to collec- Leadpoint’s employees work; it directs the workers protections. tive bargaining. Employers already face only quality and quantity of work performed by ECONOMIC POLICY INSTITUTE, narrow liability under Browning-Ferris, and Leadpoint workers. Washington, DC, October 3, 2017. the Board would examine the specific cir- BFI oversees operations with its own per- Hon. VIRGINIA FOXX, cumstances of each case before making a de- sonnel and retains authority to approve or Chairwoman, Committee on Education & the termination. Nothing in the decision implies reject Leadpoint’s workers. Leadpoint can Workforce, House of Representatives. that all employers in a specific industry will only pay its workers amounts that comply Hon. BOBBY C. SCOTT, be found to be joint employers under the with its staffing agreement with BFI. As the Ranking Member, Committee on Education & NLRA. NLRB noted, the Union ‘‘assert(ed) that ab- the Workforce, House of Representatives. Similarly, the Wage & Hour Division’s Ad- sent a change in the joint-employer stand- DEAR CHAIRWOMAN FOXX AND RANKING ministrator’s Interpretation on the joint em- ard, a putative employer, like BFI, that is a MEMBER SCOTT: On behalf of the Economic ployer standard under the FLSA did not cre- necessary party to meaningful collective Policy Institute Policy Center, we write to ate any new policy; rather, it simply sought bargaining will continue to insulate itself by express our strong opposition the H.R. 3441, to make clear for employers their respon- the ‘calculated restructuring of employment the so-called ‘‘Save Local Business Act,’’ sibilities under existing court law and opin- and insertion of a contractor to insulate which would do nothing to protect small ion, and to provide the exact kind of clarity itself from the basic legal obligation to rec- business owners or their workers. The Eco- and guidance to employers and the regulated ognize and bargain with employees’ rep- nomic Policy Institute is a nonprofit, non- community that proponents of the H.R. 3441 resentative.’’ partisan think tank founded in 1986, and our purport to seek. And yet, earlier this year, The NLRB joint employer decision is not a labor policy unit assesses actions by Con- the U.S. Department of Labor rescinded that dramatic departure from existing law. It gress and federal agencies that impact work- Administrator’s Interpretation, hiding it does not upend business as we know it, nor ers and the economy. We urge you to oppose from view. does it undermine the franchise business this legislation. In spite of its title, H.R. 3441 does nothing model, as many have claimed. Current law The so-called ‘‘Save Local Business Act’’ to save local businesses. Instead, it saves balances the interests of workers and em- (H.R. 3441) would roll back the joint em- large corporations from any responsibility ployers by requiring a fact specific inquiry ployer standards under both the National for violations of the FLSA and NLRA. The to determine whether or not there is a joint

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.087 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8569 employer relationship. The NLRB joint em- tant relationships they develop in the culture workers and establishes wage, ployer decision in the BFI case is fact spe- workplace is the relationship they have health, safety, and recordkeeping cific and clarifies the joint employment with their employer. This relationship standards for both seasonal and tem- standard. Workers at BFI/Leadpoint chose to exer- is paramount to every worker’s suc- porary farmworkers. Joint employ- cise their right to determine whether they cess. It is a relationship that impacts ment standards under this law and the wanted to organize and bargain collectively. their paycheck, their schedule, their Fair Labor Standards Act are vital to Workers voted and the ballots from that benefits, and the future of their career. protecting the rights and protections election were impounded pending a decision Unfortunately, under the Obama ad- afforded to these workers. in the BFI case. After the NLRB issued its ministration, we repeatedly saw gov- Oftentimes, farmworkers are re- decision, the ballots were counted. The BFI/ ernment bureaucrats pursue regulatory cruited, hired, supervised, or trans- Leadpoint workers decisively declared their desire to bargain collectively by voting 4–1 policies that harmed workers and small ported by intermediaries, sometimes in favor of Teamster representation. The businesses. The National Labor Rela- referred to as farm labor contractors. NLRB ruling will allow these (and other) tions Board’s decision in Browning- Farm operators utilizing farm labor workers to negotiate with and hold account- Ferris is a prime example. contractors maintain control over able the employer which actually controls In that decision, the Board placed working conditions seeking to ensure the terms and conditions of their jobs. This itself squarely in the middle of the em- the financial success of their operation. legislation will deny them the ability to do ployer-employee relationship by rede- Despite this shared responsibility, so. Not only would H.R. 3441 overturn the BFI fining what it means to be a joint em- farm operators may argue that the decision, the bill would also drastically ployer. farm labor contractors they engage are change the definition of employment rela- The Education and the Workforce the farmworkers’ sole employer respon- tionships under the Fair Labor Standards Committee has been fighting to roll sible for compliance. Farm labor con- Act (FLSA). The FLSA currently recognizes back this extreme joint employer tractors are often thinly capitalized. that more than one business can be an em- scheme since it first took effect, and This means if a farmworker seeks re- ployer. Thus, an employer cannot hide be- for good reason. It discarded settled dress for a violation, he or she may not hind labor contractors, brokers, or others. labor policy and blurred the lines of re- For example, while there are many respon- be able to collect from the farm labor sible employers in the construction industry, sponsibility for decisions affecting the contractors. Under the Migrant and it is well known that abusive schemes are far daily operations of local businesses Seasonal Agricultural Worker Protec- too prevalent in this industry as well as oth- across this country. Quite simply, the tion Act, joint employer liability helps ers. Contractors use subcontractors or labor scheme is a threat to jobs, entrepre- ensure covered workers can also hold brokers who intentionally misclassify work- neurship, and local employers across liability from farm operators that ers as independent contractors or pay them the country. share responsibility. ‘‘off the books’’ to the disadvantage of re- I have heard from small businesses sponsible employers. We believe this legisla- The SPEAKER pro tempore. The tion will serve as an incentive for worker and franchises across my district about time of the gentleman has expired. misclassification to defeat employment and how the new joint employer scheme Mr. SCOTT of Virginia. Mr. Speaker, labor law, as well as facilitate tax avoidance. will upend small businesses, undermine I yield an additional 30 seconds to the Because the Migrant and Seasonal Agricul- their independence, and put jobs, liveli- gentleman from New York. tural Workers Protection Act (MSAWPA) re- hoods, and dreams at risk. Mr. ESPAILLAT. By amending the fers to the definition of ‘‘employ’’ in the It is time to settle once and for all Fair Labor Standards Act’s broad defi- FLSA, H.R. 3441 will have an adverse effect what constitutes a joint employer, not on the ability of workers covered by the nition of ‘‘employ’’ and creating a new MSAWPA to effectively enforce child labor through arbitrary and misguided NLRB extremely narrow definition of ‘‘joint laws, and seek redress for wage theft and decisions and rulings by activist employer,’’ H.R. 3441 upends the Fair other employment abuses. judges, but through legislation. The Labor Standards Act’s joint employer Again, H.R. 3441 would leave worker pro- Save Local Business Act will roll back framework upon which we rely on. tections weaker than when Congress adopted this unworkable scheme and restore Mr. Speaker, I include in the RECORD the FLSA in 1938. the same straightforward joint em- This legislation will fuel a race to the bot- a statement from Farmworker Justice tom for workers’ rights, wages, benefits and ployer test that workers and job cre- in opposition to this bill. workings conditions. Working men and ators relied on for decades. STATEMEMT ON ‘‘SAVE LOCAL BUSINESS ACT,’’ women have fought long and hard for the The Save Local Business Act is about HOUSE EDUCATION AND WORKFORCE COM- rights and protections they now have under providing certainty for job creators in MITTEE—BRUCE GOLDSTEIN, PRESIDENT, the National Labor Relations Act and the each and every one of our districts. It FARMWORKER JUSTICE, OCTOBER 2, 2017 Fair Labor Standards Act. H.R. 3441 is an- is about keeping the American Dream Farmworker Justice appreciates the oppor- other in a series of intensifying attacks by within reach. tunity to submit this statement to the House those who want to return to the era when Mr. Speaker, I urge my colleagues to Committee on Education and the Workforce. working men and women were without Farmworker Justice, a national advocacy, rights, protections, and a voice in the work- vote in support of H.R. 3441. Mr. SCOTT of Virginia. Mr. Speaker, education and litigation organization for place. farmworkers founded in 1981 and based in You will fail these workers if you do not I yield 2 minutes to the gentleman Washington, D.C. Farmworker Justice has reject H.R. 3441. I hope I can tell our mem- from New York (Mr. ESPAILLAT). played a leading role in advocacy, education bers that you stood with them and other Mr. ESPAILLAT. Mr. Speaker, I rise and litigation regarding the joint employer workers in their efforts to achieve and main- in opposition to H.R. 3441, the so-called concept to remedy and prevent labor abuses. tain meaningful worker rights and protec- Save Local Business Act. I am President of Farmworker Justice and tions. The Teamsters Union urges you to This bill virtually eliminates joint have 37 years of experience as an attorney, vote no on H.R. 3441. including at the National Labor Relations Sincerely, employer liability under the National Board, Legal Services, in private practice JAMES P. HOFFA. Labor Relations Act and under the and at this organization. General President. Fair Labor Standards Act. As my col- leagues have highlighted, there are nu- Farmworker Justice opposes the ‘‘Save Ms. FUDGE. Mr. Speaker, I urge my Local Business Act,’’ HR 3441 because it colleagues to vote ‘‘no’’ on H.R. 3441. merous unintended consequences pre- would remove an important mechanism to Let’s get back to fighting for the peo- sented by this bill. protect farmworkers and other low-wage ple we were sent here to serve. I want to highlight the impact on an workers from suffering violations of the min- Ms. FOXX. Mr. Speaker, I yield 3 often overlooked segment of our work- imum wage and child labor requirements. minutes to the distinguished gen- force: our Nation’s farmworkers. The bill would make it extremely difficult to hold two businesses jointly liable as ‘‘joint tleman from Michigan (Mr. WALBERG). Farmworkers are among our Nation’s Mr. WALBERG. Mr. Speaker, I thank most vulnerable workers. Farmworkers employers’’ of the same worker or group of workers. This bill, if enacted, would result in the chairwoman for yielding. work long hours in poor conditions for low pay. Many farmworkers are un- massive violations of the minimum wage and Mr. Speaker, I rise today in support other labor abuses that would harm farm- of H.R. 3441, the Save Local Business documented and subject to severe workers and harm the reputation of the en- Act. abuse. The Migrant and Seasonal Agri- tire agricultural sector. For hardworking men and women in cultural Worker Protection Act is the This bill, if enacted, would reverse more this country, one of the most impor- principal labor statute protecting agri- than 130 years of knowledge developed in the

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.032 H07NOPT1 H8570 CONGRESSIONAL RECORD — HOUSE November 7, 2017 quest to eradicate sweatshops. The Fair cluded from overtime pay. 29 USC § 213(b)(13)– transmitted on the footwear or hands of Labor Standards Act of 1938, which sets min- (16). FLSA prohibits certain types of child farmworkers, or are not handled carefully to imum wage, overtime, and child labor stand- labor although it allows large agricultural prevent bruising, huge financial losses could ards, adopted a definition of employment re- employers, as well as small family farms, to result. A farm operator generally makes lationships based on 50 years of experience employ children at younger ages than is al- these and other major decisions to ensure its under state laws that evolved to address em- lowed in other occupations. Id. at (c)(1)–(2). profitability, even if it uses a farm labor ployers’ efforts to evade child labor and The bill would set criteria so onerous that contractor, instead of its own supervisor, to other labor laws. it would be rare for two businesses that ensure that its decisions are carried out. During the mid- to late–1800’s states adopt- shared responsibilities regarding workers to Such farm operators should not be able to ed laws to regulate and limit the hours of be held to be joint employers; just one busi- avoid complying with the minimum wage or employment of children and quickly con- ness would be held to be an employer. Be- child labor requirements by blaming a labor fronted employers’ efforts to evade the laws. cause the Migrant and Seasonal Agricultural contractor as the sole employer. In most Business owners that operated a manufac- Worker Protection Act (AWPA) refers to the cases, there is shared responsibility among turing plant would claim that the children in definition of ‘‘employ’’ in the Fair Labor the farm operator and the labor contractor the plant were employed solely by a subcon- Standards Act, the proposed law may also so that the workers on the farm ensure the tractor within the plant or had been brought apply to AWPA. 29 USC § 1802(5). AWPA is profitability of that business. That shared to the plant by a parent or sibling and there- the principal federal employment law for responsibility means shared liability is ap- fore should not be considered to have ‘‘em- farmworkers, regulating employment con- propriate. ployed’’ the child. Even if the subcontractor tracts and the use of farm labor contractors. The joint employer concept does not de- or parent were punished, in the absence of li- Many agricultural workers suffer viola- prive farms or other businesses of the ability ability on the part of the plant operator it tions of the Fair Labor Standards Act’s min- or right to engage labor contractors or other would suffer no adverse impact and would be imum wage and other basic labor protec- intermediaries such as staffing agencies. Nor free to find another subcontractor or parent tions. Often, when such workers try to rem- does it prevent businesses from entering into to bring children to do the work. In addition, edy illegal employment practices, they run agreements that require labor contractors to often a labor contractor lack sufficient as- into a problem: the farm operator that really comply with all employment-law obliga- sets to pay a court judgement, leaving work- determines their job terms and has the ca- tions, purchase liability insurance against ers remedy-less. pacity to prevent abuses, denies that it is employment-law claims and hold the larger One of the responses of state legislatures their ‘‘employer’’ for purposes of the min- business harmless for any litigation and li- was to adopt a broad definition of employ- imum wage and other labor protections. In- ability that may result. ment relationships that imposed employer stead, the farm operator claims that a ‘‘farm Joint employer liability creates an incen- status on the larger business owner even labor contractor’’ or other intermediary is tive to ensure that a business selects its where there existed a labor intermediary. the sole ‘‘employer’’ of the farmworkers on labor contractors, as well as its directly- Numerous states adopted language defining its farm. Often a labor contractor competes hired supervisors, wisely and ensures compli- employment relationships that later became for business by promising low labor costs and ance with employment laws. In addition to the model for the Fair Labor Standards Act when sued by victimized workers cannot af- ensuring protections for workers, joint em- of 1938. ford to pay a court judgment. ployer liability helps protect law-abiding The state laws and the FLSA defined em- In most such cases, the definition of em- businesses from unfair competition by un- ployers as entities that directly or indirectly ployment relationships in the FLSA enables scrupulous employers that keep their labor employed a worker and defined the word courts and the Department of Labor to en- costs low by using labor contractors that ‘‘employ’’ as including not just the restric- sure compliance with the law by considering violate employment-related obligations. The tive common law definition’s ‘‘right to con- the farm operator and the farm labor con- joint employer concept is an important, trol test’’ but also as ‘‘to suffer or permit to tractor to be ‘‘joint employers’’ and jointly longstanding approach to minimizing sweat- work.’’ 29 USC § 203(g). To ‘‘suffer’’ in this responsible for meeting FLSA’s obligations. shops and its elimination would result in a context means to acquiesce in, passively This issue has been the subject of numerous return to an era in which sweatshops are allow or to fail to prevent the worker’s work. lawsuits in which farm operators have been more prevalent. This broad definition imposed liability on held to be joint employers with their farm The joint employer concept also helps cre- a company that had the power to prevent the labor contractors. ate consumer confidence regarding their pur- work of the worker from happening and de- This Committee played a historic role in chases. People want to feel good about the nied the business the ability to hide its head addressing abuses of migrant workers at the food they eat. Agriculture has a reputation in the sand about what was happening in its hands of farm operators and their labor con- for poor treatment of farmworkers that business, including where it utilized labor tractors and recognized the importance of would be exacerbated by the increases in contractors or other intermediaries which the joint employer concept in ensuring a abuses that would flow from this legislation. were considered employers of those workers. law-abiding, prosperous agricultural sector. Congress should reject the Save Local See Goldstein et al., ‘‘Enforcing Fair Labor The Farm Labor Contractor Registration Business Act because it contradicts 130 years Standards in the Modern American Sweat- Act of 1964 was passed in part in response to of experience in preventing sweatshops in shop: Rediscovering the Statutory Definition the powerful documentary by Edward R. factories and at least 50 years of consensus of Employment,’’ 46 UCLA Law Review 983 Murrow, ‘‘Harvest of Shame’’ that aired dur- regarding policies needed to remedy and pre- (1999). The purpose of establishing joint re- ing Thanksgiving weekend in 1960. Congress vent abuses of the people who labor on our sponsibility is also reflected in FLSA’s defi- revised its provisions and replaced it with farms and ranches to produce our food. nition of ‘‘employer,’’ 29 USC § 203(d), ‘‘ ’Em- the Migrant and Seasonal Agricultural Ms. FOXX. Mr. Speaker, before I ployer’ includes any person acting directly Worker Protection Act of 1983, 29 U.S.C. yield to the gentleman from Texas (Mr. or indirectly in the interest of an employer § 1801 et seq. At the heart of this Commit- CUELLAR), I want to take just a minute in relation to an employee.’’ tee’s motivation was ensuring joint em- to express my deepest sympathy to The facts in the U.S. Supreme Court’s deci- ployer responsibility. sion in Rutherford Food Corp. v. McComb, ‘‘This broad scope of joint employment— him, as the representative of the people 331 U.S. 722 (1947) illustrate the concept. A and joint employer liability—is one of the of Sutherland Springs, for this Sun- slaughterhouse company retained a con- AWPA’s most important features. The day’s tragic events. He is here today to tractor to assemble a crew of workers to de- AWPA’s legislative history indicates that do the job they sent him to do, but we bone meat in a special room within the Congress considered the joint employer doc- all know his heart is very much in that slaughterhouse. The Department of Labor trine ‘‘a central foundation’’ of this new law. community. I thank him for being sued the defendant company for record- 29 C.F.R. § 500.20(h)(5)(ii); citing House Re- here, and I hope he knows that so many keeping and overtime violations. The com- port, n.2 at 4552. It is the ‘‘indivisible hinge’’ pany denied that it employed the meat de- that allows workers to hold accountable all people are praying for him and the peo- boners, arguing that the contractor was those responsible for violating the AWPA’s ple he represents. their sole employer. The Court found that protections. Id, citing H.R. Rep. 97–885, 97th Mr. Speaker, I yield 2 minutes to the the definition of employment relationships Cong., 2d Sess.1, reprinted in 1982 gentleman from Texas (Mr. CUELLAR). in the FLSA imposed liability on the slaugh- U.S.C.C.A.N. 4547, 4552 (1982) (‘‘House Re- Mr. CUELLAR. Mr. Speaker, I thank terhouse. port’’). the chairwoman for her condolences The Save Local Business Act would alter The economic reality is that few farm op- and her prayers for Sutherland the longstanding meaning of employment re- erators will risk their profitability and the Springs. lationships under the FLSA and the National survival of their business by delegating all Mr. Speaker, I also thank Mr. BYRNE Labor Relations Act. The NLRA excludes ag- responsibility to a labor contractor. Most and, of course, Chairman FOXX, for ricultural workers from its protections, so I farm operators who engage labor inter- will focus on the FLSA. The FLSA’s min- mediaries exercise substantial decision-mak- their work on this particular bill. I imum wage applies to farmworkers on most ing regarding the impact of subcontracted thank Mr. CORREA, Mr. PETERSON, and (but not all) larger farms; small farms gen- workers on their business. If strawberries or the other supporters of this legislation. erally are excluded from the minimum wage. grapes are harvested when they are over-ripe Prior to August 2015, the joint em- 29 USC 213(a)(6). Agricultural workers are ex- or under-ripe, are subjected to pathogens ployer standard used by the NLRB

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.027 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8571 made it easy to understand who is and tween workers and employers in to- pany for the legal violations. Workers should who is not a joint employer. For dec- day’s economy, this legislation sets a be able to recover when cheated out of ades, a joint employer relationship ex- dramatically and intentionally narrow wages, exposed to dangerous working condi- isted when one company exercised ‘‘di- tions, or otherwise treated unlawfully. standard so that no large corporation This bill would also impede workers from rect and immediate’’ control over an- can be held accountable if their con- bringing equal pay claims to close the gender other company’s workforce. tractors violate workplace laws. pay gap. Because the Equal Pay Act is a part However, as you know, under the Mr. Speaker, I include a letter of sup- of the FLSA, and uses the FLSA’s definition case Browning-Ferris Industries, the port in the RECORD, a letter by the Na- of an employer, H.R. 3441 would make it NLRB departed from many years of tional Employment Law Project and harder for subcontracted workers to hold legal precedent in August of 2015 by es- signed by more than 200 organizations their employers accountable for gender- tablishing a new, expanded joint em- opposing H.R. 3441 because it opens the based pay discrimination. ployer standard. This standard could door to widespread wage theft and THE BILL ACTUALLY HURTS, NOT HELPS, LAW- trigger employer liability by a com- hurts law-abiding small businesses. ABIDING SMALL BUSINESSES Although framed as a bill to help protect pany exercising vaguely defined indi- Hon. PAUL RYAN, the independence of small businesses, includ- rect control over an employee. House of Representatives, ing those that operate as franchisees, the bill We have heard from local businesses Washington, DC. would in fact insulate corporations, includ- from my district and across the State Hon. NANCY PELOSI, ing franchisors, from liability. Unscrupulous House of Representatives, of Texas, and it is clear that this deci- businesses that employ abusive labor con- Washington, DC. sion is causing them significant confu- tractors to cheat workers would gain a com- Hon. VIRGINIA FOXX, sion. petitive advantage over law-abiding busi- House of Representatives, In my district—let’s say in Laredo, nesses. In addition, franchisees whose busi- Washington, DC. Texas, there is a local restaurant ness practices are all but dictated to them Hon. ROBERT C. SCOTT, by larger corporations will be hung out to owner who says that his restaurant House of Representatives, dry for decisions that aren’t their own, with- currently employs close to 1,000 local Washington, DC. out any indemnification from the entity that employees. DEAR SPEAKER RYAN, LEADER PELOSI, often all but forces labor and employment CHAIRWOMAN FOXX AND RANKING MEMBER b 1700 violations on them. SCOTT: The undersigned organizations write Corporations that engage low-road con- This expanded joint employer stand- in opposition to H.R. 3441, the so-called Save tractors and then look the other way gain an ard has limited his investment in his Local Business Act, which would amend the unfair advantage over companies that play Fair Labor Standards Act (FLSA) and the business and the number of workers by the rules, resulting in a race to the bot- National Labor Relations Act (NLRA) to pre- that he has. Reverting back to the tom that rewards cheaters. It’s one reason vent workers from holding more than one former joint employer standard that why the job quality of what were formerly employer jointly accountable for wage theft, we had for so many years would allow middle-class jobs in America is suffering child labor, equal pay violations, or unfair today. Working people struggle enough in to- him to hire the employees that he labor practices even when the employers day’s economy. needs to hire and reinvest money. jointly exercise and share control over work- This new expanded standard makes it Don’t let Congress make this worse by leg- ing conditions. islatively rigging the system in favor of cor- difficult for local franchisees like this Under our nation’s long-standing laws dat- porations that don’t care about the workers ing back as far as the late 1800s, employers one in Laredo to offer the employer re- who build their businesses. Oppose H.R. 3441. who share control with their subcontractors lationship support from franchisers for Sincerely, over working conditions may also share ac- the fear that these benefits could be 9to5 Colorado; 9to5 Wisconsin; 9to5, Na- countability as joint employers for viola- used against them in a joint employer tional Assoc of Working Women; A Bet- tions of workers’ rights so that they will pro- lawsuit. ter Balance; Advocates for Basic Legal vide better oversight of working conditions, Those fears are well founded. For ex- Equality, Inc.; AFL-CIO; American and in so doing, ensure broader compliance Federation of State, County and Mu- ample, the Progressive Policy Insti- with basic labor and employment laws. nicipal Employees (AFSCME); Amer- tute, known for its pragmatic ideas, H.R. 3441 seeks to dramatically narrow the ican Federation of Teachers, AFL-CIO; says that the expansion of this joint long-standing definitions of ‘‘employer’’ in Arizona Employment Lawyers Associa- the FLSA and NLRA and it is neither good employer doctrine ‘‘may do more harm tion; Asian American Legal Defense for workers nor for law-abiding businesses. than good.’’ and Education Fund; Barkan Meizlish This is why I am supporting this leg- H.R. 3441 OPENS THE DOOR TO WIDESPREAD WAGE LLP; Bricklayers & Allied Craftsmen islation. We are asking that it revert THEFT AND WORKER HARMS IN OCCUPATIONS Local 3 MA/ME/NH/RI; California Em- back to the legal standard that we used ACROSS THE ECONOMY, INCLUDING IN OUR NA- ployment Lawyers Association; Center for many years. TION’S GROWTH INDUSTRIES for Law and Social Policy (CLASP); Mr. SCOTT of Virginia. Mr. Speaker, The bill would undermine protections for Center for Popular Democracy; Center I yield 3 minutes to the gentleman millions of workers across the economy, es- for Worker Justice of Eastern Iowa. from California (Mr. TAKANO), the pecially in low-wage sectors where subcon- Centro de los Derechos del Migrante, Inc. ranking member of the Subcommittee tracting is common: construction, agri- (CDM); Centro Legal de la Raza; culture, garment, janitorial, home care, de- Change to Win; Chicago Jobs Council; on Workforce Protections. livery and logistics, warehousing, retail, Cincinnati Interfaith Workers Center; Mr. TAKANO. Mr. Speaker, I thank temp and staffing, and manufacturing, just Coalition for Social Justice; Coalition the ranking member for yielding and to name a few. of Labor Union Women; Coalition on for his continued leadership on behalf Wage theft and other workplace dangers Human Needs; Colorado Fiscal Insti- of America’s workers. are prevalent in many of these jobs, and even tute; Columbia Legal Services, Wash- Mr. Speaker, more and more employ- under current law, millions of workers today ington State; Communications Work- ees today are working for a company are no longer sure who their boss is—and in- ers of America (CWA); Community whose name is not on the front of their deed, have no way to navigate the intricacies Labor United; Community Legal Serv- office building. Instead of hiring em- of companies’ contracting relationships to ices in East Palo Alto; Community ascertain who is responsible for workplace Legal Services of Philadelphia; Com- ployees directly, companies are renting violations. When there’s no clear line of ac- munity, Faith & Labor Coalition, Indi- employees from staffing agencies. Let countability, work conditions are more like- anapolis; Congregation of Our Lady of me say that again. Companies are rent- ly to deteriorate: pay declines, wage theft in- Charity of the Good Shepherd, US ing employees from staffing agencies creases, and workplace injuries rise. In addi- Provinces. and then evading responsibility for up- tion, outsourced jobs pay less—sometimes as Congregation of Our Lady of the Good holding the rights of those workers, much as 30 percent less—than in-house jobs, Shepherd, US Provinces; Connecticut even as they profit from their work. likely due to a lack of worker and subcon- Legal Services, Inc.; Council on Amer- For decades, sensible joint employ- tractor bargaining power. In today’s econ- ican-Islamic Relations (CAIR); Demo- ment standards under the Fair Labor omy, we should be looking for ways to in- cratic Socialists of America; Demos; crease workers’ pay and economic security, Disciples Center for Public Witness Standards Act have ensured that work- not laying the groundwork for more sweat- (Disciples of Christ); Economic Policy ers can hold employers accountable for shops. Institute Policy Center; Economic violating wage and hour laws. When a subcontractor cannot pay, joint Progress Institute; El Comite de Apoyo Instead of refining those standards to employer standards ensure that workers a los Trabajadores Agrı´colas; Employee reflect the complex relationship be- have remedies against the contracting com- Rights Center; Equal Justice Center;

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.089 H07NOPT1 H8572 CONGRESSIONAL RECORD — HOUSE November 7, 2017 Equal Rights Advocates; Fair Work lition; New Jersey Work Environment The questions we face today are: Will Center; Fair World Project; Faith and Council; New Labor; New Mexico Cen- millions of workers, like the warehouse Justice Worker Center; Family Values ter on Law and Poverty; New Mexico workers in my district, lose what little @ Work; Farmworker Association of Voices for Children; North Carolina power they have left to fight against Florida. Justice Center; NWA Workers’ Justice Farmworker Justice; Florida Legal Serv- Center; Oregon Center for Public Pol- wage theft; will organized workers lose ices, Inc.; Food Chain Workers Alli- icy. the basic right to bring all responsible ance; Forward Community Invest- Oxfam America; Patriotic Millionaires; parties to the table to collectively bar- ments; Franciscan Action Network; Phillips Dayes Law Firm PC; Pilipino gain for better wages and workplaces; Friends Committee on National Legis- Workers Center of Southern California; will shrewd corporations be allowed to lation; Fuerza del Valle Workers’ Cen- Policy Matters Ohio; PolicyLink; Pride claim immunity from the laws that ter; Fuerza Laboral; Futures Without at Work; Progressive Congress Action protect employees; and, most of all, Violence; Genesis Masonry Con- Fund; Project IRENE; Public Citizen; will the people’s House stand with the tracting, LLC; Getman, Sweeney & Public Justice Center; Restaurant Op- Dunn, PLLC; Good Jobs First; Good portunities Centers United; Safe Har- people or stand with the corporations Jobs Nation; Greater Boston Legal bor Law, LLC; Sargent Shriver Na- that continue to rig the economy Services; Greater Hartford Legal Aid, tional Center on Poverty Law; SE Mass against the American worker? Inc. Building Trades Council; SEIU Local Mr. Speaker, I strongly urge my col- Greater Rochester Coalition for Immi- 888. leagues to oppose H.R. 3441. gration Justice; Greater SE Mass Service Employees International Union; Ms. FOXX. Mr. Speaker, I yield 2 Labor Council; Hardin & Hughes, LLP; South Central Federation of Labor, minutes to the gentleman from Ohio Head Law Firm, LLC; Hudson Valley AFL-CIO; South Florida AFL-CIO; (Mr. CHABOT), the chair of the Small Justice Center; Immigrant Solidarity South Florida Interfaith Worker Jus- Business Committee. DuPage, Casa DuPage Workers Center; tice; Southern Poverty Law Center; St. Mr. CHABOT. Mr. Speaker, I rise Immigrant Worker Center Collabo- Louis Workers Rights Board, Missouri today in strong support of H.R. 3441, rative (IWCC); In The Public Interest; Jobs with Justice; Stephan Zouras, Indianapolis Worker Justice Center; LLP; Teamsters Joint Council 7; Team- and I want to commend our colleague, Interfaith Coalition for Worker Justice sters Local Union 350; Teamsters Local Mr. BYRNE, for sponsoring this legisla- of South Central WI; Interfaith Worker Union 469; The Commonwealth Insti- tion. I also want to commend Chair- Justice; International Brotherhood of tute for Fiscal Analysis (Virginia); The woman FOXX for her leadership on this Teamsters; International Federation of Law Offices of Gilda A. Hernandez, very important issue. I am proud to be Professional & Technical Engineers PLLC; The North Dakota Economic Se- an original cosponsor myself. (IFPTE); International Union of Paint- curity and Prosperity Alliance; The As chairman of the House Small ers and Allied Trades District Council Rhode Island Center for Justice; The Business Committee, I have had the op- 35; IWJSD. Stolarz Law Firm; The Warehouse Jewish Community Relations Council, portunity to see firsthand how the Na- Worker Resource Center. tional Labor Relations Board’s new Milwaukee; Jobs With Justice; Justice UltraViolet; Union for Reform Judaism; in Motion; Kansas City Workers’ Union of Rutgers Administrators, AFT joint employer standard threatens the Rights Board of Missouri Jobs with Local 1766; Unitarian Universalist As- ability of small-business owners to re- Justice; Kentucky Equal Justice Cen- sociation; United Auto Workers (UAW); main independent and responsible for ter; Kids for College; Kids Forward; United Community Center of West- their own employees. Labor Justice Committee; Labor chester, Inc.; United Food and Com- At a Small Business Committee hear- Project for Working Families; Laundry mercial Workers International Labor ing last year, an Army combat veteran Workers Center; Lebau and Neuworth; Union; United Food and Commercial and small-business owner testified The Leadership Conference on Civil and Workers Union Local 1445; United Human Rights; Legal Aid at Work; The that: ‘‘Local business owners may ef- Steel, Paper and Forestry, Rubber, fectively be demoted from entre- Legal Aid Society. Manufacturing, Energy, Allied; Indus- Legal Services of Central New York; trial and Services Workers Inter- preneur to middle manager, as they are Legal Voice; Local 3, Bricklayers & Al- national Union (USW); Washington gradually forced to forfeit operational lied Craftsmen; Los Angeles Alliance State Budget & Policy Center; Wayne control of the stores, clubs, inns, or for a New Economy; Madison-area Action for Racial Equality; WeCount!; restaurants that they built.’’ Urban Ministry; Main Street Alliance; Werman Salas PC; West Virginia Cen- At the same hearing, another small- Maine Labor Group on Health; Maine ter on Budget and Policy; Winebrake & Women’s Lobby; Maintenance Coopera- business owner testified that: ‘‘I would Santillo, LLC. tion Trust Fund; Massachusetts Coali- cease to be an independent small-busi- Wisconsin Alliance for Retired Ameri- tion of Domestic Workers; Massachu- ness owner . . . ultimately, I would be- cans; Wisconsin Alliance for Women’s setts Interfaith Worker Justice; Massa- come a de facto employee of the cor- chusetts Law Reform Institute; Health; Wisconsin Coalition Against Sexual Assault; Wisconsin Community porate brand.’’ MassCOSH (Massachusetts Coalition These are merely two examples of the for Occupational Safety & Health); Me- Program Association (WISCAP); Wis- consin Council of Churches; Wisconsin consequences real American small- chanic Law Firm, Portland OR; business owners face because of the de- Metrowest Worker Center; Miami Faith Voices for Justice; Wisconsin Workers Center. Network for Peace, Justice, and Sus- cisions of Washington bureaucrats and Michigan League for Public Policy; Mis- tainability; Women Employed; Wom- activist judges. The Obama-era joint souri Jobs with Justice; Moms Rising; en’s Law Project; Workers’ Center of employer scheme threatens small busi- NAACP; National Advocacy Center of Central New York; Workers Defense nesses, the engines of American eco- the Sisters of the Good Shepherd; Na- Project; Workers’ Rights Center of nomic growth. tional Asian Pacific American Wom- Madison WI; Workers’ Rights Project, Main Street Legal Services. Inc; Work- Small businesses, after all, create the en’s Forum (NAPAWF); National Cen- majority of the new jobs in this Na- ter for Law and Economic Justice; Na- ing Families Party; Working Partner- ships USA; Workplace Fairness; Work- tion; they spur innovation. tional Center for Transgender Equal- Enacting this legislation would help ity; National Council for Occupational place Justice Project at Loyola College Safety and Health; National Council of of Law Clinic; Worksafe; WV Citizen ensure continued freedom for Amer- Churches; National Domestic Worker Action Group; Yezbak Law Offices. ica’s best job creators. Alliance; National Education Associa- Mr. TAKANO. Mr. Speaker, from 2001 Mr. Speaker, I urge my colleagues to tion; National Employment Law to 2013, Wal-Mart was contracting with support H.R. 3441. Passage of this legis- Project; National Employment Law- three warehouses in my community, lation is necessary to restore certainty yers Association; National and those warehouses contracted out to America’s small-business owners Guestworker Alliance; National Immi- their staffing to a company that was and their employees so that they can gration Law Center. accused of committing egregious wage continue to operate their businesses lo- National LGBTQ Task Force; National and hour law violations. cally and independently. Partnership for Women & Families; Na- Thanks to the FLSA joint employer Mr. SCOTT of Virginia. Mr. Speaker, tional Women’s Law Center; National Workrights Institute; NETWORK standard, 1,700 warehouse workers were I yield 3 minutes to the gentleman Lobby for Catholic Social Justice; New able to reach a $22 million settlement from New Jersey (Mr. NORCROSS). Haven Legal Assistance; New Jersey to collect the pay that they were owed Mr. NORCROSS. Mr. Speaker, I in- Citizen Action; New Jersey Policy Per- from their employer. Under this bill, clude in the RECORD two letters of op- spective; New Jersey Time to Care Coa- they would likely have gotten nothing. position, one from the North America’s

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.033 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8573 Building Trades Unions, and one from tion and other employment laws, they can agencies responsible for unfair labor the United Brotherhood of Carpenters shave up to 30 percent off of their labor costs practices or wage theft. It denies em- and Joiners of America. and underbid law-abiding businesses. Second, ployees a voice in the workplace. It if laws are enforced, contractors use the sub- prevents workers from joining unions, NORTH AMERICA’S BUILDING contract relationship as a shield against li- TRADES UNIONS, ability and replace offending subcontractors collective bargaining, which go ulti- Washington, DC, November 6, 2017. or labor brokers with others that will do the mately to help raise wages. DEAR REPRESENTATIVE: On behalf of the 3 same. We should be lifting workers’ wages million skilled craft professionals who com- There is one vulnerability to their up, not trying to crush them. prise the 14 national and international schemes. Under the Fair Labor Standards I will remind our colleagues that, unions of North America’s Building Trades Act (FLSA) and National Labor Relations from 1930 to 1984, the courts were the Unions (NABTU), I urge your opposition to Act (NLRA) these contractors are frequently H.R. 3441, the Save Local Business Act. If en- ones who were making these joint em- joint employers with their subcontractors or ployer decisions, and it was Ronald acted this piece of legislation would have a labor brokers. The contractors keep time, devastating impact on the construction in- Reagan’s administration who first supply building materials, discharge work- made this change. It was the Reagan dustry which is dependent upon a variety of ers, provide training and daily supervision. contractor and subcontractor relationships. H.R. 3441 closes that door by making it ex- administration who first made this Unfortunately, many low road contractors ceedingly difficult to find joint-employer li- change. in the construction industry are becoming ability. Under the bill, businesses cannot be The Obama administration brought increasingly skilled in shielding themselves joint employers unless they have direct, ac- it back to where it was, yet, appar- from legal liabilities through layers of sub- tual and immediate control over the essen- ently, people are forgetting those very contractors. Contractors use subcontractors tial terms and conditions of employment—a or labor brokers that either pay their em- important facts. remarkable reversal of decades of law. More- ployees off the books or intentionally Mr. Speaker, that is why I urge my over, a contractor and labor broker need misclassify them as 1099 subcontractors. colleagues to vote against this crush only split up responsibility over essential When that is done, income taxes are not de- local workers act. terms, and joint employment is defeated. In- ducted, and Social Security and Medicare Ms. FOXX. Mr. Speaker, I yield 3 deed, it is arguable that under such an ar- taxes are not paid, as well as unemployment minutes to the gentleman from Ten- rangement there may be no employer at all. contributions, workers’ compensation pre- It cannot be forgotten that construction nessee (Mr. ROE), the distinguished mium and overtime. contractors that scheme to cheat workers chair of the Veterans’ Affairs Com- H.R. 3441 purports to save businesses by out of overtime, wages and the right to col- mittee. making it extremely difficult for the Na- lective action also fail to comply with fed- Mr. ROE of Tennessee. Mr. Speaker, I tional Labor Relations Board (NLRB) and eral and state employment tax laws. In rise today in support of H.R. 3441, the U.S. Department of Labor to find employers Texas alone federal tax losses from cheating jointly liable for violations of the law. If en- Save Local Business Act. contractors has been estimated to cost the acted it would have the unintended con- Mr. Speaker, this debate boils down federal government over 81 billion. sequence of promoting a low road con- to whether we want local entrepreneur- This is not to suggest that legitimate, law- tracting model in which those who willfully ship and community engagement abiding contractors should not use sub- commit labor violations are unaccountable, through the franchise model or a one- contractors, or that there are not thousands to the disadvantage of law-abiding employ- of legitimate, law-abiding contractors and size-fits-all, top-down model. ers and their employees. When I served as chairman of the This piece of legislation would further in- independent contractors across this country. But it must be recognized that abusive sub- HELP Subcommittee, we heard testi- duce bad actors to perfect their efforts to un- mony about the effect of this new joint dermine the labor standards in our industry, contracting schemes as described above are making it more challenging for American also prevalent in our industry and that this employer standard from Mr. Ed workers to achieve access to the middle bill would make it even harder to crack Braddy, who owns a Burger King in class. It would also create a competitive dis- down on these illegal practices. inner-city Baltimore. Many of the men Despite its name, HR 3441 is a blue print to advantage to high road contractors who obey Mr. Braddy hires to work at his store violate the law and drive law-abiding em- the law. As such, I strongly urge your oppo- have had a run-in with the criminal ployers out of business and make it more dif- sition to this harmful legislation. ficult for working men and women to reach justice system, and several of the Sincerely, the middle class. The law needs to protect women he hires has been on some form SEAN MCGARVEY, workers and responsible businesses—not put of government assistance. President. them in jeopardy. He hires people to give them an op- Very truly yours, UNITED BROTHERHOOD OF CAR- portunity at a better life, as he de- DOUGLAS J. MCCARRON, PENTERS AND JOINERS OF AMER- scribed it. General President. ICA, If the new joint employer standard Washington, DC, September 19, 2017. Mr. NORCROSS. Mr. Speaker, I proceeds, the Burger King corporation Re Opposition to HR 3441, the Save Local thank Ranking Member SCOTT for will be liable for many of the hiring de- Business Act. yielding. cisions that are made by Mr. Braddy. Hon. VIRGINIA FOXX, Mr. Speaker, I rise in strong opposi- Why would we expect any corporation Chair, Committee on Education and the Work- tion to H.R. 3441, which is falsely called to know a community better than force, Washington, DC. Save Local Business Act. The new someone like Mr. Braddy, who grew up Hon. ROBERT C. SCOTT, name should be ‘‘Crush Local Workers there? Shouldn’t we expect that a cor- Ranking Member, Committee on Education and Act.’’ porate entity would be more risk the Workforce, Washington, DC. DEAR CHAIR FOXX AND RANKING MEMBER I am happy to work with my col- averse and less likely to give people a SCOTT: I write to respectfully express our op- leagues on the other side of the aisle. I second chance? position to HR 3441, the Save Local Business look forward to helping small busi- Think about the incredible story Mr. Act, because it will provide a safe haven for nesses and helping them raise wages, Braddy has to tell. He dropped out of unscrupulous contractors in the construc- but this bill does neither. It empowers high school in the 11th grade before re- tion industry who use a system of sub- corporations, and it depresses wages. turning when his life was headed in the contractors to deliberately shield themselves Employers are relying more and wrong direction, according to him. He from liability for abusing workers and steal- more on subcontractors and permanent joined the Baltimore Police Depart- ing jobs away from law-abiding businesses, even as they knowingly profit from it. temporaries. These temporary staffing ment, and then he began working in a Regrettably, while most companies in the agencies employ around 3 million peo- Burger King. After the first Burger construction industry are legitimate, respon- ple. That is about one-fifth of all the King he owned closed, he ultimately re- sible employers, we are also home to many new jobs created since 2009. joined Burger King and purchased his who excel in illegal employment practices. I have fought to raise wages for over current store. This fact is well known and widely acknowl- two decades for workers. This bill lets What is remarkable is when Balti- edged. The trend is for contractors to use corporations keep wages low by sub- more experienced unrest several years subcontractors or labor brokers who either contracting out their work. They are ago, Mr. Braddy’s store was at the epi- intentionally misclassify employees as inde- pendent contractors or, more often, pay em- subcontracting their conscience to put center, his neighbors stood outside to ployees off the books. They find two benefits profits over people. protect it from being destroyed, and in their schemes. First, through violating This bill makes it nearly impossible his was one of the only restaurants wage, tax, immigration, workers’ compensa- for workers to hold temporary staffing open for business the next day.

VerDate Sep 11 2014 04:56 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.091 H07NOPT1 H8574 CONGRESSIONAL RECORD — HOUSE November 7, 2017 Mr. Speaker, if this is not the Amer- decision that a company can be held of employer under the Fair Labor Standards ican Dream, I don’t know what is. On a liable for labor violations by other em- Act. Congress should be working to strength- recent trip that our conference took ployers they contract with. en the rights of working people and raise This definition of joint employers re- wages. The legislation would accomplish the there, including the chairwoman, we opposite. dined with Mr. Braddy at his res- flects the reality that subcontractors Over the past few decades, the middle class taurant in Baltimore. He was a wonder- in the workforce face today. In fact, ac- has been struggling to stay afloat. As wages ful host, I might add. cording to the Economic Policy Insti- have often been stagnant or declining, more Joint employer isn’t just about res- tute: ‘‘The most rigorous recent esti- and more companies have used middlemen taurants. Hotel owners, fitness compa- mates find that the share of workers from staffing agencies, labor contractors and nies, movers, tutoring services, jani- being subcontracted out was 15.8 per- to subcontractors to maintain low wages, avoid accountability and prevent a large per- torial services, and the list goes on and cent in late 2015. In today’s labor mar- centage of workers from organizing. It is im- on, anyone who franchises their busi- ket, that translates into roughly 24 portant that when workers try to remedy il- ness is affected by this ruling. million workers.’’ legal employment practices or organize to I am pleased the Labor Department The bill we are debating today would join a union that the party calling the shots is reviewing this standard, but this fly in the face of the 2015 decision, un- is at the table and part of the remedy. And can’t be a constantly changing stand- dermining employee protections. indeed, the current state of the law under ard while long-term damage is done to This bill would create a more narrow both under the National Labor Relations Act local entrepreneurship. and restrictive definition of a joint em- and the FSLA balances the interests of Mr. Speaker, I urge my colleagues to workers and employers by requiring a fact ployer; it would limit workers’ ability specific inquiry to determine whether or not support the joint employer standard to hold employers responsible for viola- there is a joint employer relationship. that protects workers and allows the tions under the National Labor Rela- This bill seeks to legislate around a cen- franchise model to flourish. tions Act, such as attempts to stop col- tury of consistent case law and established Mr. SCOTT of Virginia. Mr. Speaker, lective bargaining; or the Fair Labor joint employer standards in labor and em- could you advise us as to how much Standards Act, such as wage theft, ployment law. It redefines the term ’em- time is remaining on both sides. equal pay violations. ployer’ so narrowly that many workers will The SPEAKER pro tempore (Mr. have no remedy when their employers vio- Let me talk about what this would late their union rights or wage laws. COFFMAN). The gentleman from Vir- mean in just one area: pay discrimina- The legislation would overturn the Brown- 1 ginia has 13 ⁄2 minutes. The gentle- tion. Pay discrimination in the work- ing Ferris NLRB decision, a case which woman from North Carolina has 15 place is real; it is happening every- found a joint employer relationship between minutes. where. Browning Ferris and Leadpoint their subcon- Mr. SCOTT of Virginia. Mr. Speaker, tractor. In this case, Browning-Ferris, Inc. I yield myself 15 seconds. b 1715 (BFI), the employer, controlled the speed of Mr. Speaker, I include in the RECORD Pay inequity does not just affect the conveyor belt where employees of con- page 50 of the committee report, which women; it affects children, families, tractor Leadpoint sorted materials, prohib- outlines the exchange with Mr. Braddy, and our economy as a whole. That is ited Leadpoint from raising wages above a specified cap without BFI’s permission, and which suggests that the franchisors do because women in this country are the determined the shift times and the number not become joint employers under the sole or co-breadwinners in half of the of people on shifts. Since Leadpoint was un- present law. families with children. able to negotiate these employment terms In an exchange between Representative The biggest problem facing our Na- among others without BFI approval, the Guthrie and Ed Braddy, a Burger King tion today is that families are not NLRB found BFI must be at the bargaining franchisee testifying on behalf of the Inter- making enough to live on. They are not table along with its subcontractor in order national Franchise Association, Mr. Braddy being paid enough in the jobs that they for the union to negotiate a meaningful col- was asked: have. Closing the wage gap would help lective bargaining agreement. The decision Representative Guthrie: Do you or do [sic] was fact specific and in keeping with the re- the franchisor hire and fire and determine to address that problem. alities of today’s workplace. the work of your employees? The SPEAKER pro tempore. The Further, the bill would drastically change Mr. Braddy: I schedule interviews every time of the gentlewoman has expired. the definition of employment relationships other Wednesday. I sit down with eight peo- Mr. SCOTT of Virginia. I yield the under the FLSA which recognizes that more ple every other Wednesday. Even though I gentlewoman from Connecticut an ad- than one business can be an employer. Cur- am not hiring, I do the interviews because I ditional 1 minute. rently, under the FLSA employers cannot always like to have a waiting list of people hide behind labor contractors or franchisees, Ms. DELAURO. Why would we further who want to work. So I do all the hiring. I when they set critical conditions of employ- don’t allow my managers or my assistants to undermine a worker’s ability to bring ment. Because the Migrant and Seasonal Ag- terminate anyone because I want to make pay discrimination cases against their ricultural Worker Protection Act refers to sure that once I let someone go it is for a employer? We must stand with work- the definition of ‘‘employ’’ in the FLSA, this good reason. ers, defend the current definition of bill will also impact farm workers seeking to Mr. Guthrie: But it is you as the business joint employers. redress wage theft and other employment owner, not the—what role does the To those who claim that joint em- abuses. It is the FLSA definition of employ franchisor play in any of your—those issues? ployer status is burdensome or con- that has allowed workers to effectively en- Mr. Braddy: None at all. fusing for companies, let me just ask force child labor and other laws and to effec- Based on this testimony, nothing in the tively address sweatshops for decades. Browning Ferris decision could establish you: What about the burden on mil- Today, it is this definition that offers work- that these franchisors are exercising suffi- lions of Americans who are experi- ers hope that when they organize for a union cient control to be deemed a joint employer encing pay disparity and pay discrimi- and better wages that the party that can ac- with their respective fanchisees. nation? tually effectuate change is at the table. Mr. SCOTT of Virginia. Mr. Speaker, I urge my colleagues, reject this bill. We urge you to weigh the interests of I yield 2 minutes to the gentlewoman Take a stand for equal pay, for equal workers and stand with them in opposing legislation that would rollback the NLRB’s from Connecticut (Ms. DELAURO), the work. decision and restrict workers’ rights under Mr. Speaker, I include in the RECORD ranking member of the Labor-Health the law. and Human Services Appropriations a letter from our labor leaders reject- Sincerely, Subcommittee. ing H.R. 3441. INTERNATIONAL Ms. DELAURO. Mr. Speaker, I rise in JULY 28, 2017. BROTHERHOOD OF strong opposition to this bill, which DEAR REPRESENTATIVE: We, the under- TEAMSTERS (IBT). would overturn the National Labor Re- signed unions representing millions of Amer- SERVICE EMPLOYEES lations Board’s joint employer deci- ican workers, are writing to urge you to not INTERNATIONAL UNION sion. It will make it harder for working support H.R. 3441, the joint employer bill in- (SEIU). troduced by Representatives Bradley Byrne UNITED AUTOMOBILE, people to hold employers accountable and Chairwoman Virginia Foxx of the House AEROSPACE AND for abuses, including making it harder Committee on Education and the Workforce, AGRICULTURAL to bring Equal Pay Act claims. which would eliminate the National Labor IMPLEMENT WORKERS OF In 2015, the National Labor Relations Relation Board’s (NLRB) decision in Brown- AMERICA (UAW). Board ruled in their Browning-Ferris ing-Ferris, and greatly restrict the definition UNITED FARM WORKERS OF

VerDate Sep 11 2014 04:54 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.092 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8575 AMERICA (UFW). and Subcommittee Chairman BYRNE INTERNATIONAL UNION, UNITED UNITED FOOD & for bringing forth this important legis- AUTOMOBILE, AEROSPACE & AGRI- COMMERCIAL WORKERS lation, the Save Local Business Act. CULTURAL IMPLEMENT WORKERS INTERNATIONAL UNION OF AMERICA—UAW, (UFCW). Construction is a major employer in Washington, DC, November 7, 2017. UNITED STEELWORKERS the U.S. economy, with over 6 million DEAR REPRESENTATIVE: On behalf of the (USW). employees, 650,000 employers, creating more than one million active and retired Ms. FOXX. Mr. Speaker, I yield 1 over $1 trillion worth of construction members of the International Union, United minute to the distinguished gentleman every year. Automobile, Aerospace and Agricultural Im- plement Workers of America (UAW), I from Kansas (Mr. ESTES). Building a project involves a complex strongly urge you to oppose H.R. 3441, the Mr. ESTES of Kansas. Mr. Speaker, I web of subcontractors, vendors, and ‘‘Save Local Business Act.’’ This ill-con- rise today in support of H.R. 3441, the consultants all working together in a ceived bill would make it more difficult for Save Local Business Act. spirit of teamwork to accomplish a dif- workers to join together and collectively Too often, under the previous admin- ficult task. bargain to improve working conditions and istration, radical policy shifts were I have been in this business for 40 raise living standards. This is a bad bill for taken by unelected bureaucrats and ac- years. The general contractor has to working people because it would make it tivist judges, which harmed our soci- put control terms in its subcontracts even easier for businesses to replace full time jobs with precarious temporary em- ety. An example of this was in 2015, and purchase orders to make sure that when the National Labor Relations ployment. the subcontractors and vendors execute H.R. 3441 overturns long established case Board decided to unilaterally change a the work safely, on schedule, and in co- law and joint employer standards found in longstanding definition of what con- ordination with the other trades on the labor and employment law. It does this by stitutes an employer-employee rela- project. Lastly, they have to follow all redefining the term ‘employer’ in a way that tionship. That changed the definition the fitness-for-duty provisions to make would make it nearly impossible for workers of a joint employer from an employer sure that they pass drug tests and deal to hold their employers accountable when that has ‘‘actual, direct, or immediate’’ with smoking and health safety issues their rights are violated. Disturbingly, businesses and large corpora- control over the terms and conditions like that. of employment to someone who has tions throughout our economy have avoided These requirements run right into responsibility to their employees by hiding ‘‘potential’’ or ‘‘indirect’’ control. It this Browning-Ferris standard. There behind staffing agencies to claim they are should be obvious to you who your em- is no way that you could follow the lit- not technically their employer. The net re- ployer is. It is the one who hired you eral words of those court cases and this sult for working people has been lower wages and who signs your paycheck. horrible Obama rule and not have the and fewer job protections. For example, As Chairwoman FOXX said in a recent within the auto parts manufacturing sector, argument made to you that all these op-ed: ‘‘When you have a hammer, ev- the National Employment Law Project subs and vendors are part of a common erything looks like a nail.’’ That is so (NELP) estimates that temporary workers enterprise. true for so many in Washington. earn, on average, 29% less than direct em- I encourage my colleagues to support Now employers, including myself and ployees of manufacturers. We have seen how, my employees, are left in a big quan- in the automotive sector, multinational cor- this bill because it defines joint em- porations often hire temporary workers, who ployer in a commonsense way in order dary as to their status under Browning- Ferris, under the Obama rule. I can see work side by side, doing the same job, for to do away with the current, con- years, with full time workers and earning voluted status. This bill will also pre- a scenario where a batch plant located significantly less. vent future overreach from bureau- clear across town from a construction H.R. 3441 would also overturn the National crats, and allows businessowners to project could have a hazardous waste Labor Relations Board’s (NLRB) in Brown- manage their own businesses. problem. Because of this ridiculous ing-Ferris. The Browning-Ferris decision was Mr. SCOTT of Virgina. Mr. Speaker, I rule, my job or someone else’s job good for working families because it estab- yield 1 minute to the gentleman from using that batch plant to supply con- lished that workers could negotiate with their true employer under fact specific cir- Pennsylvania (Mr. BRENDAN F. BOYLE). crete could be linked to them. How per- verse is that? cumstances. In that case, a subcontractor for Mr. BRENDAN F. BOYLE of Pennsyl- Browning-Ferris Industries (BFI), Leadpoint, vania. Mr. Speaker, this bill, H.R. 3441, So the Save Local Business Act will was unable to negotiate several basic em- cripples the right to bargain for better fix this abuse and be beneficial not ployment terms without permission from wages and conditions when workers only to the American economy, but to BFI. The NLRB sensibly found that BFI have joint employers. By narrowing the safety and well-being of American must be at the bargaining table along with the definition of a joint employer, this workers. I urge my colleagues to sup- its subcontractor Leadpoint. Under the bill deprives thousands of workers of port this practical fix to this egregious terms of this bill, that would not be the case when similar disputes arise in the future. their right to negotiate with the par- action, and I thank Chairman BYRNE Economic inequality and a shortage of ties that really exercise control over for introducing this legislation. good paying jobs has hurt working people their wages and conditions; and by un- Mr. SCOTT of Virgina. Mr. Speaker, I and our economy for decades. Unfortunately, dermining collective bargaining, this yield 1 minute to the gentlewoman H.R. 3441 would make a bad situation worse. bill suppresses wages. from Ohio (Ms. KAPTUR). Congress should reject this bill and instead One of the biggest problems, if not Ms. KAPTUR. Mr. Speaker, I rise in work to create more jobs you can sustain a the biggest problem in the economy family on. opposition to this bill, which basically Sincerely, today, has been the lack of wage says companies should be protected, growth over the last decade to two dec- JOSH NASSAR, not workers. Legislative Director. ades. This bill will not improve that Imagine, when a firm is jointly problem. It will take an existing prob- Ms. KAPTUR. Mr. Speaker, there owned and operated by the Chinese or lem and make it worse. couldn’t be a more dangerous industry the Mexicans or the El Salvadorans, Today, workers are under a direct to work in. Do you want to put some of where workers’ rights are never pro- threat from reckless, misleading legis- these foreign companies in charge of tected. lation like this; and that, ultimately, worker safety in those places? Not I. I will do nothing to improve their wages, Worker protections in America have have seen too many mangled bodies in improve their benefits, or improve long accounted for the reality that the places around the world that tell me their working conditions. company who writes the check isn’t al- no. Let’s reject this bill and, instead, dis- ways the company that controls work- I am for workers being protected as cuss and debate and craft legislation place conditions, but if they share con- well as the interests of corporations. that can improve workers’ wages. trol over workplace conditions, they Today’s action eliminates 80 years of Ms. FOXX. Mr. Speaker, I yield 1 should be held jointly responsible for safeguards, safeguards on joint em- minute to the gentleman from Florida violations. ployer responsibility. (Mr. FRANCIS ROONEY). I include in the RECORD a letter from What does that mean? It means that Mr. FRANCIS ROONEY of Florida. the United Auto Workers talking about a company that subcontracts or fran- Mr. Speaker, I thank Chairman FOXX the parts industry. chises work to save a buck can shield

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.036 H07NOPT1 H8576 CONGRESSIONAL RECORD — HOUSE November 7, 2017 itself when workers aren’t paid fair earned wages without giving those workers in subcontracting or staffing agency wages or are denied basic employment workers the right to recover. The an- arrangements will be left without recourse rights. nual cost of wage theft is estimated at for wage theft and will have no meaningful The SPEAKER pro tempore. The bargaining rights. The bill weakens worker $50 billion this year. protections and allows corporations to evade time of the gentlewoman has expired. It would immunize bad corporate ac- their responsibilities under the law. Mr. SCOTT of Virgina. I yield the tors and put small and big businesses We urge you to reject this harmful and gentlewoman from Ohio an additional who respect their workers at a com- misguided proposal. 30 seconds. petitive disadvantage. Sincerely, Ms. KAPTUR. Small businesses and This bill is a bad deal, and workers WILLIAM SAMUEL, workers suffer while large corporate in- know it. Director, Government Affairs Department. terests escape accountability. I include in the RECORD a letter from Mr. Speaker, it is time we pass laws the AFL–CIO and its 12 million mem- Ms. FOXX. Mr. Speaker, I yield 11⁄2 that help American workers. Wouldn’t bers. minutes to the gentleman from Penn- that be a sea change in this country? If you support better wages and bet- sylvania (Mr. SMUCKER). I urge my colleagues to oppose this ter jobs, vote ‘‘no’’ on this bad bill. Mr. SMUCKER. Mr. Speaker, I rise legislation. today to express my strong support for AFL–CIO Ms. FOXX. Mr. Speaker, I yield 1 Washington, DC, November 6, 2017. H.R. 3441, the Save Local Business Act. minute to the distinguished gentleman I have heard from employers across LEGISLATIVE ALERT from Michigan (Mr. MITCHELL). my district in many industries—agri- Mr. MITCHELL. Mr. Speaker, I rise DEAR REPRESENTATIVE: On behalf of the 12 culture, higher ed, staffing agencies, to urge support for H.R. 3441, the Save million working women and men represented hospitality, and construction—about by the unions of the AFL–CIO, I am writing Local Business Act. to urge you to oppose H.R. 3441, the ‘‘Save this issue. Under the flawed NLRB I spent my career in business, so I Local Business Act.’’ standard, not only employers are con- know how damaging uncertainty is for Proponents of the legislation claim that it fused, but employees, as well, have lit- businesses. Job creators need a clear is designed to repeal the National Labor Re- tle certainty as to their status with understanding of the rules; otherwise, lations Board’s (NLRB’s) 2015 decision in multiple employers. businesses and employees suffer and Browning Ferris Industries, in which the Mr. Speaker, for 25 years, I owned our economy suffers. NLRB clarified its legal test for determining and operated a construction company In yet another incident of unelected whether two employers are joint employers in Lancaster County, and we were oper- bureaucrats overreaching their author- of certain employees. In fact, H.R. 3441 rolls ated as subcontractors. Back then, the back worker protections so they are weaker ity, the NLRB redefined the rule defin- than when Congress adopted the National employer-employee relationship was ing joint employers which had been in Labor Relations Act in 1935 and the Fair clear. There was no question about place for 30 years. Unfortunately, I was Labor Standards Act in 1938. It is harmful which employer was responsible for not surprised. legislation that will undermine workers’ pay each employee. The NLRB created a maze of uncer- and protections on the job. The Browning-Ferris decision creates tainty. Basic business decisions man- Browning Ferris concerned a group of confusion about who works for whom, aged between employers and employees workers on a recycling line at a facility discouraging many larger contractors are now put into turmoil by the NLRB owned and operated by Browning Ferris. The from giving small subcontractors a job workers were supplied by a staffing agency— for fear of increased liability. Mr. redefining what an employer is. Leadpoint. Browning Ferris controlled the The Save Local Business Act would facility, set the hours of operation, dictated Speaker, had that existed when I was roll back a convoluted joint employer the speed of the recycling line, indirectly su- growing a company, it would have scheme, restore a commonsense defini- pervised the line workers, and had authority made it more difficult to expand our tion of employer, and protect workers over numerous other conditions of employ- business and create more jobs in our and local employees who are most like- ment. In order to ensure that the employees’ community. ly to be impacted by yet another con- right to form a union and bargain over work- The Browning-Ferris decision was po- fusing Federal rule. place issues was protected, the NLRB held litically motivated and upended a dec- I urge support of the bill. that Browning Ferris was a joint employer of ades-old standard that worked very Mr. SCOTT of Virgina. Mr. Speaker, I the line workers along with Leadpoint. This well among employers and employees. yield 2 minutes to the gentlewoman fact-intensive decision reflected the realities of the arrangement at Browning Ferris and According to the HR Policy Associa- from Illinois (Ms. SCHAKOWSKY). was rightly decided in order for the line tion, litigation regarding the joint em- Ms. SCHAKOWSKY. Mr. Speaker, workers to have a meaningful right to bar- ployer standard is at a record high. once again the Republican majority is gain over their terms and conditions of em- This decision, Mr. Speaker, has been a offering a bill that would harm work- ployment. jackpot for trial lawyers. ing families. It has nothing to do with Before the ink was dry on the Browning- It is time Congress takes action to saving local businesses, small busi- Ferris decision, business groups and Repub- provide clarity for the thousands of nesses, and has everything to do with licans in Congress began attacking the deci- businesses, both large and small, who limiting workers’ rights and taking sion, claiming it dramatically changed the are ready to expand and create jobs. law and undermined the franchise business away workers’ wages. model. (Browning Ferris is not a franchise The Save Local Business Act will pro- Between 2005 and 2015, 94 percent of case, a fact specifically noted by the NLRB vide this clarity, and I urge my col- net job growth was in alternative work in its decision). leagues to support this important leg- like temporary, contract, and on-call In our view, these attacks on the Browning islation. jobs. This isn’t our parents’ workplace Ferris decision are overblown and misguided. Mr. SCOTT of Virgina. Mr. Speaker, I anymore, where one employer sets the In today’s fragmented workplaces, with yield 1 minute to the gentleman from rules and pays the wages. Today, a cor- perma-temps, contracted workers, agency Illinois (Mr. LIPINSKI). poration can set workplace rules while employees, and subcontracting becoming Mr. LIPINSKI. Mr. Speaker, yes, a temp agency or subcontractor pays ever more prevalent, it is more important there is now uncertainty about the def- than ever to make sure our laws protect the wages. Today’s workers need to be workers and ensure they receive the wages inition of joint employer. This uncer- able to bargain with both and to hold they are due and that their right to join with tainty has the potential to undermine each accountable for labor law viola- their co-workers to bargain for improve- the franchise model, which has given so tions. ments on the job is protected. many Americans the opportunity to Instead, this bill moves us backward. H.R. 3441 takes the law in the opposite di- own a business and create millions of It would prevent working men and rection, radically changing both the Na- jobs. women from bargaining for better tional Labor Relations Act and the Fair But this bill goes too far in nar- wages and benefits and safer working Labor Standards Act by instituting a new rowing the joint employer definition test for finding employers to be joint em- and also applying it to the Fair Labor conditions with the corporations that ployers that is more restrictive than any have decisionmaking power over their agency or court has ever adopted. As a prac- Standards Act. We need to ensure that workplace. tical matter, the legislation eliminates joint workers are treated fairly and compa- It would allow corporations to rob employment from the NLRA and the Fair nies are held accountable, but I am working women and men of their Labor Standards Act, meaning that many afraid this bill could weaken that.

VerDate Sep 11 2014 04:54 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.096 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8577 While I will be voting against this Mr. Speaker, I rise to express my have already weakened workplace pro- bill, it is important to recognize that strong opposition to H.R. 3441. Because tections that keep Americans safe from there is a real issue here. We need to of the modern use of temporary staff- discrimination at their jobs, and make find a compromise. So no matter how ing agencies and subcontractors, the sure that they receive fair pay and pro- we vote today, I urge my colleagues to National Labor Relations Board has vide additional opportunities to save listen to the concerns of properly defined the term ‘‘joint em- for a secure retirement. businessowners in their districts be- ployer’’ as two or more businesses who Joint employer provisions make sure cause their success is critical to our codetermine or share control over a that employers cannot escape liability long-term job growth. worker’s terms of employment, such as for violating worker protection laws. This standard makes our laws on over- b 1730 rate of pay or work schedule. If enacted, H.R. 3441 would cripple time pay, on safe workplaces, on min- Ms. FOXX. Mr. Speaker, I yield 1 workers’ rights to collectively bargain imum wage enforceable. minute to the distinguished gentleman or seek redress when workers are found What this bill does not do is turn from Wisconsin (Mr. GROTHMAN). to have joint employers. The oppor- franchisors into employers unless they Mr. GROTHMAN. Mr. Speaker, before tunity to collectively bargain over act like employers. I spent years as a launching into specific comments on wages and conditions of employment is lawyer representing franchisees, and I this bill, I would like to correct some know this won’t turn franchisors into misconceptions that we heard earlier diminished if some parties that control employment are given the option to employers. today. Mr. Speaker, I include in the RECORD We just heard a lady from Illinois refuse to bargain and avoid liability as employers. a letter from the Signatory Wall and mention that she felt this bill would Ceiling Contractors Alliance. They op- put employers who respect workers at As a result, this bill will open the door to widespread wage theft and pose this bill because it would put law- a competitive disadvantage. All good abiding small businesses at a competi- employers know that respecting work- equal-pay violations, and it will harm workers across the United States. tive disadvantage with unscrupulous ers puts you at a competitive advan- companies that don’t respect worker’s tage, and I think it is very wrong that Some of my Republicans continue to argue that H.R. 3441 will provide sta- rights and don’t pay workers the wages anybody would imply that you are ad- they have earned. vantaged by not respecting your work- bility for workers. As a former union SIGNATORY WALL AND ers. So I want to clarify that. president and as a labor attorney deal- ing with issues before the National CEILING CONTRACTORS ALLIANCE, The second thing I want to clarify is, SAINT PAUL, MN, October 5, 2017. Labor Relations Board, I urge my col- earlier we had somebody talk about Hon. PAUL RYAN, temporary workers. Now, temporary leagues to stand with the American Speaker of the House, workers make less money. It is true worker and oppose this disastrous bill. House of Representatives, Washington, DC. with temporary workers, you have a Ms. FOXX. Mr. Speaker, I yield 1 Hon. NANCY PELOSI, middleman who takes the money off minute to the gentleman from Georgia Minority Leader, the top, and that is unfortunate. But (Mr. FERGUSON), our distinguished col- House of Representatives, Washington, DC. DEAR MR. SPEAKER AND LEADER PELOSI: I you have to realize that the reason we league. Mr. FERGUSON. Mr. Speaker, I rise am writing on behalf of the Signatory Wall have more temporary workers is we and Ceiling Contractors Alliance (SWACCA) make it harder and harder to be an em- today in support of the Save Local to express our strong opposition to H.R. 3441, ployer in the first place. Whenever you Business Act. I have heard from dozens the ‘‘Save Local Business Act.’’ This legisla- make it harder and harder to be an em- of businesses and employees in my dis- tion will not benefit honest small businesses ployer, you force more employers to trict that have faced uncertainty under that create good jobs with family-sustaining hire temporary employees so they the expanded joint employer definition, wages and benefits. It will actually place such employers at a permanent competitive don’t have to be employers in the first which threatens job creation, it in- creases costs, and discourages entre- disadvantage to unscrupulous companies place. that seek to thrive solely at the expense of The SPEAKER pro tempore. The preneurs from opening up new busi- their workers and taxpayer-funded social time of the gentleman has expired. nesses. safety-net programs. Ms. FOXX. Mr. Speaker, I yield an The National Labor Relations SWACCA is a national alliance of wall and additional 1 minute to the gentleman Board’s decision ignored decades of set- ceiling contractors committed to working in from Wisconsin. tled labor policy by changing the joint partnership with our workers and our cus- Mr. GROTHMAN. Mr. Speaker, now, employer definition and putting all tomers to provide the highest-quality, most businesses and their workers at risk. efficient construction services. Through the on with this bill. One of the tragedies superior training, skill, and efficiency of our we have had in America is the dis- We should be making America the workers SWACCA contractors are able to appearance of small businesses in most competitive place in the world to provide both cost-effective construction America. We had more and more big do business, not saddling our job cre- services and middle class jobs with health businesses, you know, big conglom- ators with unnecessary and confusing and retirement benefits. Our organization erates. One of the ways you can still be regulations. prides itself on representing companies that a small business is being a franchisee This bill would take the right step to accept responsibility for paying fair wages, in which you control your own destiny reinstate sound, widely accepted stand- abiding by health and safety standards, workers compensation laws, and unemploy- and are able to respect your workers in ards, and I urge all of my colleagues to ment insurance requirements. your own way. support its passage. Unfortunately, however, we increasingly We have to pass this bill to prevent Mr. SCOTT of Virginia. Mr. Speaker, find ourselves bidding against companies the end—or the practical end of the how much time is remaining for both that seek to compete solely on the basis of ability to be your own businessowner sides? labor costs. They do so by relieving them- by controlling or setting your own con- The SPEAKER pro tempore. The gen- selves of the traditional obligations associ- tract terms with your own employees. tleman from Virginia has 4 minutes re- ated with being an employer. The news is lit- maining, and the gentlewoman from tered with examples of contractors who have And more than any other reason, that sought to reduce costs by willfully violating 1 is why I back this bill. I like that we North Carolina has 7 ⁄2 minutes remain- the laws governing minimum wage, over- have so many small-business men out ing. time, workers compensation unemployment there on their own on the franchisor- Mr. SCOTT of Virginia. Mr. Speaker, insurance, and workplace safety protections. franchisee model. I yield 2 minutes to the gentlewoman The key to this disturbing business model is Mr. SCOTT of Virginia. Mr. Speaker, from Oregon (Ms. BONAMICI), the rank- a cadre of labor brokers who claim to provide I yield 1 minute to the gentleman from ing member of the Committee on Edu- a company with an entire workforce that fol- lows them to job after job. It is a workforce Massachusetts (Mr. LYNCH). cation and the Workforce. Mr. LYNCH. Mr. Speaker, I thank Ms. BONAMICI. Mr. Speaker, I thank that the actual wall or ceiling contractor controls as a practical matter, but for which the gentleman from Virginia (Mr. Ranking Member SCOTT for yielding. it takes no legal responsibility. In this model SCOTT) for yielding me this time, and I Mr. Speaker, I rise in opposition to workers receive no benefits, are rarely cov- thank him for his leadership on behalf the so-called Save Local Business Act. ered by workers compensation or unemploy- of the America workers. This administration and this Congress ment insurance, and are frequently not paid

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.097 H07NOPT1 H8578 CONGRESSIONAL RECORD — HOUSE November 7, 2017 in compliance with federal and state wage Take, for example, two employers in tries across the country, particularly laws. The joint employment doctrine is an my district: a home care franchisee small franchisees, construction compa- important means for forcing these unscrupu- called BrightStar Care of Richmond, nies, and service providers. lous contractors to compete on a level play- For example, ServiceMaster, a global ing field and to be held accountable for the and a daycare center called Rainbow unlawful treatment of the workers they uti- Station at the Boulders. company with more than 33,000 em- lize. Mark Grasser, president of ployees, has chosen to locate its head- As an association representing large, me- BrightStar Care, had this to say to me quarters in Memphis, Tennessee. A dium, and small businesses, we oppose H.R. about the unworkable joint employer great deal of my constituents work for 3441 because it proposes a radical, unprece- standard: ‘‘We have a franchisor who ServiceMaster Franchise Service dented re-definition of joint employment wants to work with a franchisee to pro- Group, and the NLRB rule change has under both the FLSA and the NLRA that goes far beyond reversing the standard ar- vide services. Unfortunately, that is put their job security in jeopardy. ticulated by the NLRB in Browning-Ferris or not possible because that would violate We have all heard concerns from our returning to any concept of joint employ- the current joint employer standard. constituents, and now we can do some- ment that has ever existed under the FLSA This ends up hurting everyone in the thing to get government off our backs. since the Act’s passage. H.R. 3441’s radical process. This standard is forcing em- We must look out for hardworking and unprecedented redefinition of joint em- ployers and employees to make deci- Americans and roll back these oppres- ployment would proliferate the use of fly-by- sions that are not best for everyone in- sive job-killing rules. I am pleased that night labor brokers by ensuring that no con- volved, but what is best to satisfy gov- the Save Local Business Act will undo tractor using a workforce provided by a labor broker would ever be deemed a joint ernment.’’ this unreasonable regulatory burden, employer. This is because the bill precludes John Sims, the owner of Rainbow and I thank Congressman BYRNE for his a finding of joint employment unless a com- Station at the Boulders, similarly said leadership in this effort. pany controls each ‘‘of the essential terms this: ‘‘Having the proposed standard re- Ms. FOXX. Mr. Speaker, I yield 1 and conditions of employment (including versed allows small businesses like minute to the gentleman from Georgia hiring employees, discharging employees, de- mine to thrive, knowing exactly where (Mr. ALLEN), another distinguished termining individual employee rates of pay everyone stands.’’ member from the committee. and benefits, day-to-day supervision of em- Mr. ALLEN. Mr. Speaker, I rise ployees, assigning individual work schedules, I am happy to report that the House positions and tasks, and administering em- is taking a bold step forward on defend- today to support Congressman BYRNE’s ployee discipline)’’. H.R. 3441 goes further by ing businesses and workers today. The important legislation, the Save Local expressly countenancing a company using vague and convoluted joint employer Business Act. labor brokers retaining control of the essen- scheme enacted in the Browning-Ferris As a small-business owner myself for tial aspects of the workers’ employment in a decision under the Obama administra- over 40 years, I know how difficult it ‘‘limited and routine manner’’ without fac- tion’s National Labor Relations Board can be to wade through Federal, State, ing any risk of being a joint employer. and local red tape. Sometimes it feels Simply put, H.R. 3441 would create a stand- has caused employers and employees ard that would surely accelerate a race to harm. like the government is against growing the bottom in the construction industry and Decades before the radical NLRB your business. The Obama administra- many other sectors of the economy. It would overturned what worked, businesses tion expanded the joint employer further tilt the field of competition against and employees knew the rules and standard under the Fair Labor Stand- honest, ethical businesses. Any concerns thrived. It is time to roll the govern- ards Act, blurring the lines of responsi- about the prior administration’s recently-re- ment back and return to what worked. bility for decisions affecting the daily scinded interpretative guidance on joint em- Mr. Speaker, I urge my colleagues to operations of many local businesses. ployment under the FLSA or the NLRB’s joint employment doctrine enunciated in vote in favor of this legislation. According to the American Action Browning-Ferris can be addressed in a far Mr. SCOTT of Virginia. Mr. Speaker, Forum, the joint employer scheme more responsible manner. Make no mistake, I am prepared to close, so I reserve the could have resulted in 1.7 million fewer H.R. 3441 does not return the law to any balance of my time. jobs. Luckily, President Trump is a job prior precedents or standards. It creates a Ms. FOXX. Mr. Speaker, I yield 11⁄2 creator, so he knows a job-killing regu- radical, new standard. This standard will minutes to the gentleman from Ten- lation when he sees one. Earlier this help unethical employers get rich not by cre- nessee (Mr. KUSTOFF). summer, his administration rescinded ating more value, but instead by ensuring Mr. KUSTOFF of Tennessee. Mr. their ability to treat American workers as a this terrible rule. permanent pool of low-wage, subcontracted Speaker, I rise today in support of the However, we have to make sure no labor that has neither benefits nor any Save Local Business Act, legislation bureaucrat is empowered to redefine a meaningful recourse against them under our that will protect our small business op- joint employer standard again. Small- nation’s labor and employment laws. erations and end harmful and excessive business owners are already facing an On behalf of the membership of SWACCA, government overreach. uphill battle. We should not be threat- thank you in advance for your attention to For 30 years, small businesses oper- ening the freedoms of independent our concerns about this legislation. Please ated successfully under a joint em- businesses, owners, and entrepreneurs, do not hesitate to contact me if you have any questions or require additional informa- ployer policy that was fair, stable, and making it even harder for them to tion. crystal clear. Unfortunately, in 2015, achieve the American Dream. That is Sincerely, the National Labor Relations Board, why I urge all of my colleagues to sup- TIMOTHY J. WIES, under the previous administration, de- port this legislation. President. cided to insert itself and overcom- Ms. FOXX. Mr. Speaker, I understand Ms. BONAMICI. Mr. Speaker, this plicate the important employer-em- my colleague from Virginia is prepared legislation would leave workers behind ployee relationship. The unelected bu- to close. I reserve the balance of my and would give a free pass to unscrupu- reaucrats at the NLRB stifled small time to close. lous companies that violate labor laws. businesses when they decided to step in Mr. SCOTT of Virginia. Mr. Speaker, Please oppose this legislation. and blur the lines of responsibility. I yield myself the balance of my time. Ms. FOXX. Mr. Speaker, I yield 11⁄2 Sadly, our working families were im- Mr. Speaker, in conclusion, this bill minutes to the gentleman from Vir- pacted when the NLRB decided to em- will undermine employees’ ability to ginia (Mr. BRAT). power labor union special interests. secure recourse for unfair labor prac- Mr. BRAT. Mr. Speaker, I rise today The last thing our independent tices and wage theft when there should to enthusiastically support H.R. 3441, businessowners need is more govern- be a joint employer. It undermines the the Save Local Business Act. This bill ment red tape that will prevent them workers’ freedom to negotiate for bet- will return clarity and certainty to all from reaching their full potential. ter wages in return for their work. It businesses. Small-business owners all The NLRB’s expanded joint employer inflicts damage to prime contractors around Virginia’s Seventh Congres- scheme discourages large companies who play by the rules and are forced to sional District have been asking for tax from doing business with our smaller compete against unscrupulous other and regulatory relief that will free local companies. The effects are incred- employers who save money by failing them from the tyranny of government ibly far-reaching. The expanded joint to pay wages. And it exposes control. employer rule harms countless indus- franchisees to liabilities they should

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.038 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8579 not have to shoulder alone because it With all members’ support for this legislation Mr. Speaker, the bill we are debating allows franchisors to exercise more to help Main Street, Congress can correct the today is another assault on hard- control over franchisees without incur- misdirected regulatory policies of the past working Americans who are des- ring any liability. which were overly harmful for business opera- perately trying to put food on the table Mr. Speaker, therefore, I urge my tors, restrictive on entrepreneurs, and resulted for their families, scrape together colleagues to oppose the bill, and I in increased cost’s for consumers. enough money to pay for child care, yield back the balance of my time. There are over 2,000 locally owned fran- and have a roof over their heads. Ms. FOXX. Mr. Speaker, I yield my- chise businesses in my district. After hearing My colleagues on the other side of self the balance of my time. the concerns of many of them at the aisle are saying that they need this Mr. Speaker, this legislation is a no- Abrakadoodle headquarters in Sterling this bill to save local businesses. We all brainer. Today, Congress has a chance past year, I am proud to stand up for these job support local businesses in our commu- to stand up for jobs, opportunity, and creators and support this legislation today. nity. But my colleagues suggest that local businesses in each of our dis- I will continue to advocate for policies which unless they pass this law, franchisors tricts. This legislation rolls back an promote local ownership and control—and will become joint employers. Well, if unworkable joint employer policy that permit my constituents to strive for the Amer- they act like franchisors and control is hurting both workers and employers. ican dream. brands and standards, and they don’t Contrary to some of the misleading I urge my colleagues to do the same—sup- do things like hire, fire, and supervise rhetoric we have heard today, nothing port the rule and vote in favor of the under- the franchisees’ employees, they won’t in this bill undermines worker protec- lying bill, H.R. 3441. be. In other words, if they act like a tions. In fact, the bill ensures workers I commend the distinguished gentleman franchisor and not an employer, they know exactly who their employer is from Alabama, Mr. BYRNE, and the Committee won’t be considered a joint employer. under Federal law. on Education and the Workforce for their work In fact, this bill could actually harm I urge all Members to do what is best on this great bill. franchisees and take away their inde- for the workers and local job creators The SPEAKER pro tempore (Mr. pendence because it would allow in their district by voting in favor of RUSSELL). All time for debate has ex- franchisors to indirectly control the H.R. 3441, the Save Local Business Act. labor relations of its franchisees, but Mr. Speaker, I yield back the balance pired. be insulated from liability for viola- of my time. Pursuant to House Resolution 607, Mr. SABLAN. Mr. Speaker, I rise today in the previous question is ordered on the tions that might arise from that con- opposition to H.R. 3441. bill, as amended. trol. The right of workers to collectively bargain The question is on the engrossment Now, my amendment would require under the National Labor Relations Act is es- and third reading of the bill. that if a franchisor directs a franchisee sential for them to secure fair wages and The bill was ordered to be engrossed to take an unlawful action that would working conditions. For workers to be able to and read a third time, and was read the violate labor laws, then the franchisor bargain effectively they have to have someone third time. shall be considered a joint employer for the purpose of the violation. across the table to bargain with, the party or b 1745 parties that control their hours, wages, bene- In other words, if a franchisor acts MOTION TO RECOMMIT fits and work environment. Negotiation with like an employer, then they should be Ms. BONAMICI. Mr. Speaker, I have themselves would be a futile exercise. held accountable for their actions as an H.R. 3441 would eviscerate the definition of a motion to recommit at the desk. employer. Workers must be able to get an employer to the point that not only might The SPEAKER pro tempore. Is the their hard-earned overtime pay and the the true employer not have to come to the gentlewoman opposed to the bill? wages they are owed. This is common table but it might be possible that no employer Ms. BONAMICI. I am in its current sense. would have to come to the table. form. This motion would protect small Current joint employer standards take into The SPEAKER pro tempore. The businesses, promote the independence account modern hiring trends, where about Clerk will report the motion to recom- of franchisees, and, importantly, cure three million people work for temporary staff- mit. the defect in the bill that insulates ing agencies, working for companies that do The Clerk read as follows: franchisors from liability for exer- not directly pay them, and ensure employee Ms. Bonamici moves to recommit the bill, cising control over their franchisees’ protections. H.R. 3441, to the Committee on Education labor or employment relations. The recent NLRB General Counsel deter- and the Workforce with instructions to re- Mr. Speaker, this legislation cur- mination in Freshii—where a restaurant port the bill back to the House forthwith rently is an attack on workers’ rights. with the following amendments: franchisor with over 100 stores was not held Mr. Speaker, I urge my colleagues to Page 3, line 21, strike the closed quotation adopt my amendment, and I yield back to be a joint employer because its control over marks and following period and after such its franchisees was generally limited to brand line insert the following: the balance of my time. standards and food quality and did not exer- ‘‘(C) Subparagraph (B) shall not apply Ms. FOXX. Mr. Speaker, I rise in op- cise control of the terms and conditions of em- when a franchisee takes an action at the di- position to the motion to recommit. ployment of its franchisee’s employees—illus- rection of a franchisor, and such action by The SPEAKER pro tempore. The gen- trates the pathway available to franchisors. I the franchisee violates this Act, in which tlewoman from North Carolina is rec- am concerned that this legislation actually case the franchisor shall be considered a ognized for 5 minutes. joint employer for purposes of such viola- Ms. FOXX. Mr. Speaker, this motion harms franchisees by making them respon- tion.’’. sible for decisions dictated by their is just another attempt to ignore the Page 4, line 7, strike the closed quotation real damage caused by the NLRB’s ex- franchisors. marks and following period and after such I urge my colleagues to oppose H.R. 3441. line insert the following: panded and unworkable joint employer Mrs. COMSTOCK. Mr. Speaker, I rise today ‘‘(3) Paragraph (2) shall not apply when a standard which continues to hurt local in support of the bipartisan H.R. 3441, the franchisee takes an action at the direction of businessowners and their workers. Save Local Business Act, and the 1.7 million a franchisor, and such action by the Let’s not get distracted by this mo- jobs it would save on enactment. franchisee violates this Act, in which case tion. Instead, let’s focus on the bipar- This common-sense legislation, which I co- the franchisor shall be considered a joint em- tisan solution which is pending: H.R. sponsored, restores the proper relationship ployer for purposes of such violation.’’. 3441, the Save Local Business Act, which served small business owners for dec- The SPEAKER pro tempore. The gen- which simply restores a commonsense ades—providing stability for employers and tlewoman from Oregon is recognized definition of employer to provide cer- employees. for 5 minutes in support of her motion. tainty and stability for workers and By enacting this legislation, small business Ms. BONAMICI. Mr. Speaker, this is employers. owners in Northern Virginia can again exercise the final amendment to the bill. It will Mr. Speaker, I urge my colleagues to control over the operations of their business not kill the bill or send it back to com- vote ‘‘no’’ on the motion to recommit rather than dealing with additional legal com- mittee. If adopted, the bill will imme- and ‘‘yes’’ on the Save Local Business plexity layered on by the National Labor Rela- diately proceed to final passage, as Act, and I yield back the balance of my tions Board. amended. time.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.100 H07NOPT1 H8580 CONGRESSIONAL RECORD — HOUSE November 7, 2017 The SPEAKER pro tempore. Without NAYS—235 changed their vote from ‘‘nay’’ to objection, the previous question is or- Abraham Gosar Olson ‘‘yea.’’ dered on the motion to recommit. Aderholt Gottheimer Palazzo So the motion to recommit was re- Allen Gowdy Palmer There was no objection. Amash Granger Paulsen jected. The SPEAKER pro tempore. The Amodei Graves (GA) Pearce The result of the vote was announced Arrington Graves (LA) Perry question is on the motion to recommit. as above recorded. Babin Graves (MO) Pittenger The SPEAKER pro tempore (Ms. CHE- The question was taken; and the Bacon Griffith Poe (TX) NEY). The question is on the passage of Speaker pro tempore announced that Banks (IN) Grothman Poliquin Barletta Guthrie Posey the bill. the noes appeared to have it. Barr Handel Ratcliffe The question was taken; and the Ms. BONAMICI. Mr. Speaker, on that Barton Harper Reed Bergman Harris Reichert Speaker pro tempore announced that I demand the yeas and nays. Biggs Hartzler Renacci the ayes appeared to have it. The yeas and nays were ordered. Bilirakis Hensarling Rice (SC) RECORDED VOTE Bishop (MI) Herrera Beutler Roby The SPEAKER pro tempore. Pursu- Bishop (UT) Hice, Jody B. Roe (TN) Mr. SCOTT of Virginia. Madam ant to clause 8 and clause 9 of rule XX, Blackburn Higgins (LA) Rogers (AL) Speaker, I demand a recorded vote. this 15-minute vote on the motion to Blum Hill Rogers (KY) A recorded vote was ordered. Bost Holding Rohrabacher recommit will be followed by 5-minute Brady (TX) Hollingsworth Rokita The SPEAKER pro tempore. This votes on: Brat Huizenga Rooney, Francis will be a 5-minute vote. Passage of the bill, if ordered; and Brooks (AL) Hultgren Rooney, Thomas The vote was taken by electronic de- Brooks (IN) Hunter J. The motion to suspend the rules and Buchanan Hurd Ros-Lehtinen vice, and there were—ayes 242, noes 181, pass H.R. 3911. Buck Issa Roskam not voting 9, as follows: Bucshon Jenkins (KS) Ross [Roll No. 614] The vote was taken by electronic de- Budd Jenkins (WV) Rothfus vice, and there were—yeas 186, nays Burgess Johnson (LA) Rouzer AYES—242 235, not voting 11, as follows: Byrne Johnson (OH) Royce (CA) Abraham Fitzpatrick Marino Calvert Johnson, Sam Russell Aderholt Fleischmann Marshall [Roll No. 613] Carter (GA) Jordan Rutherford Allen Flores Massie Carter (TX) Joyce (OH) Sanford Amash Fortenberry Mast YEAS—186 Chabot Katko Scalise Amodei Foxx McCarthy Adams Garamendi Nolan Cheney Kelly (MS) Schweikert Arrington Franks (AZ) McCaul Aguilar Gomez Norcross Coffman Kelly (PA) Scott, Austin Babin Frelinghuysen McClintock Barraga´ n Gonzalez (TX) O’Halleran Cole King (IA) Sensenbrenner Bacon Gaetz McHenry Bass Green, Al O’Rourke Collins (GA) King (NY) Sessions Banks (IN) Gallagher McKinley Beatty Green, Gene Pallone Collins (NY) Kinzinger Shimkus Barletta Gianforte McMorris Bera Grijalva Panetta Comer Knight Shuster Barr Gibbs Rodgers Beyer Gutie´rrez Pascrell Comstock Kustoff (TN) Simpson Barton Gohmert McSally Bishop (GA) Hanabusa Payne Conaway Labrador Smith (MO) Bera Goodlatte Meadows Blumenauer Hastings Perlmutter Cook LaHood Smith (NE) Bergman Gosar Meehan Blunt Rochester Heck Peters Costa LaMalfa Smith (NJ) Biggs Gowdy Messer Bonamici Higgins (NY) Peterson Costello (PA) Lamborn Smith (TX) Bilirakis Granger Mitchell Cramer Boyle, Brendan Himes Pingree Lance Smucker Bishop (MI) Graves (GA) Moolenaar Crawford Latta Stefanik F. Hoyer Polis Bishop (UT) Graves (LA) Mooney (WV) Culberson Lewis (MN) Stewart Brown (MD) Huffman Price (NC) Blackburn Graves (MO) Mullin Curbelo (FL) LoBiondo Stivers Brownley (CA) Jackson Lee Quigley Blum Griffith Murphy (FL) Davidson Long Taylor Butterfield Jayapal Raskin Bost Grothman Newhouse Davis, Rodney Loudermilk Tenney Capuano Jeffries Rice (NY) Brady (TX) Guthrie Noem Denham Love Thompson (PA) Carbajal Johnson (GA) Richmond Brat Handel Norman ´ Dent Lucas Thornberry Cardenas Jones Rosen Brooks (AL) Harper Nunes DeSantis Luetkemeyer Tiberi Carson (IN) Kaptur Ruiz Brooks (IN) Harris Olson DesJarlais MacArthur Tipton Cartwright Keating Ruppersberger Buchanan Hartzler Palazzo Castor (FL) Kelly (IL) Diaz-Balart Marchant Trott Buck Hensarling Rush Palmer Castro (TX) Kennedy Donovan Marino Turner Bucshon Herrera Beutler Paulsen Ryan (OH) Chu, Judy Khanna Duffy Marshall Upton Budd Hice, Jody B. Pearce Sa´ nchez Cicilline Kihuen Duncan (SC) Massie Valadao Burgess Higgins (LA) Perry Sarbanes Clark (MA) Kildee Duncan (TN) Mast Wagner Byrne Hill Peters Schakowsky Clarke (NY) Kilmer Dunn McCarthy Walberg Calvert Holding Peterson Schiff Clay Kind Emmer McCaul Walden Carter (GA) Hollingsworth Pittenger Schneider Cleaver Krishnamoorthi Estes (KS) McClintock Walker Carter (TX) Huizenga Poe (TX) Schrader Clyburn Kuster (NH) Farenthold McHenry Walorski Chabot Hultgren Poliquin Scott (VA) Cohen Langevin Faso McKinley Walters, Mimi Cheney Hunter Posey Scott, David Connolly Larsen (WA) Ferguson McMorris Weber (TX) Coffman Hurd Ratcliffe Serrano Conyers Larson (CT) Fitzpatrick Rodgers Webster (FL) Cole Issa Reed Cooper Lawrence Sewell (AL) Fleischmann McSally Wenstrup Collins (GA) Jenkins (KS) Reichert Correa Lawson (FL) Shea-Porter Flores Meadows Westerman Collins (NY) Jenkins (WV) Renacci Courtney Lee Sherman Fortenberry Meehan Williams Comer Johnson (LA) Rice (SC) Crist Levin Sinema Foxx Messer Wilson (SC) Comstock Johnson (OH) Roby Crowley Lewis (GA) Sires Franks (AZ) Mitchell Wittman Conaway Johnson, Sam Roe (TN) Cuellar Lieu, Ted Slaughter Frelinghuysen Moolenaar Womack Cook Jones Rogers (AL) Cummings Lipinski Smith (WA) Gaetz Mooney (WV) Woodall Correa Jordan Rogers (KY) Davis (CA) Loebsack Soto Gallagher Mullin Yoder Costa Joyce (OH) Rohrabacher Davis, Danny Lofgren Speier Gianforte Newhouse Yoho Costello (PA) Katko Rokita DeFazio Lowenthal Suozzi Gibbs Noem Young (AK) Cramer Kelly (MS) Rooney, Francis DeGette Lowey Swalwell (CA) Gohmert Norman Young (IA) Crawford Kelly (PA) Rooney, Thomas Delaney Lujan Grisham, Takano Goodlatte Nunes Zeldin Cuellar King (IA) J. DeLauro M. Thompson (CA) Culberson King (NY) Ros-Lehtinen DelBene Luja´ n, Ben Ray Thompson (MS) NOT VOTING—11 Curbelo (FL) Kinzinger Roskam Titus Demings Lynch Black Ellison Pelosi Davidson Knight Ross Tonko DeSaulnier Maloney, Brady (PA) Garrett Pocan Davis, Rodney Kustoff (TN) Rothfus Torres Deutch Carolyn B. Bridenstine Hudson Roybal-Allard Denham Labrador Rouzer Dingell Maloney, Sean Tsongas Bustos Johnson, E. B. Dent LaHood Royce (CA) Doggett Matsui Vargas DeSantis LaMalfa Russell Doyle, Michael McCollum Veasey DesJarlais Lamborn Rutherford F. McEachin Vela b 1814 Diaz-Balart Lance Sanford Engel McGovern Vela´ zquez Donovan Latta Scalise Eshoo McNerney Visclosky Ms. STEFANIK, Messrs. POSEY, Duffy Lewis (MN) Schrader Espaillat Meeks Walz THOMAS J. ROONEY of Florida, Duncan (SC) LoBiondo Schweikert Esty (CT) Meng Wasserman Duncan (TN) Long Scott, Austin Evans Moore Schultz BRADY of Texas, and Mrs. COMSTOCK Dunn Loudermilk Sensenbrenner Foster Moulton Waters, Maxine changed their vote from ‘‘yea’’ to Emmer Love Sessions Frankel (FL) Murphy (FL) Watson Coleman ‘‘nay.’’ Estes (KS) Lucas Shimkus Fudge Nadler Welch Farenthold Luetkemeyer Shuster Gabbard Napolitano Wilson (FL) Messrs. THOMPSON of Mississippi, Faso MacArthur Simpson Gallego Neal Yarmuth KENNEDY, and HIGGINS of New York Ferguson Marchant Smith (MO)

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.104 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8581 Smith (NE) Trott Westerman bill (H.R. 3911) to amend the Securities Maloney, Poliquin Smith (NJ) Smith (NJ) Turner Williams Exchange Act of 1934 with respect to Carolyn B. Posey Smith (TX) Smith (TX) Upton Wilson (SC) Maloney, Sean Price (NC) Smucker Smucker Valadao Wittman risk-based examinations of Nationally Marchant Quigley Soto Stefanik Wagner Womack Recognized Statistical Rating Organi- Marino Raskin Stefanik Stewart Walberg Woodall zations on which the yeas and nays Marshall Ratcliffe Stewart Stivers Walden Massie Reed Yoder were ordered. Stivers Taylor Walker Yoho Mast Reichert Suozzi Tenney Walorski Matsui Renacci Young (AK) The Clerk read the title of the bill. Swalwell (CA) Thompson (PA) Walters, Mimi McCarthy Rice (NY) Young (IA) Takano Thornberry Weber (TX) The SPEAKER pro tempore. The McCaul Rice (SC) Zeldin Taylor Tiberi Webster (FL) question is on the motion offered by McClintock Richmond Tenney Tipton Wenstrup McCollum Roby the gentleman from Michigan (Mr. Thompson (CA) McEachin Roe (TN) HUIZENGA) that the House suspend the Thompson (MS) NOES—181 McHenry Rogers (AL) Thompson (PA) Adams Garamendi Neal rules and pass the bill. McKinley Rogers (KY) Thornberry Aguilar Gomez Nolan This will be a 5-minute vote. McMorris Rohrabacher Tiberi Barraga´ n Gonzalez (TX) Norcross The vote was taken by electronic de- Rodgers Rokita Bass Gottheimer O’Halleran McNerney Rooney, Francis Tipton Beatty Green, Al O’Rourke vice, and there were—yeas 389, nays 32, McSally Rooney, Thomas Tonko Beyer Green, Gene Pallone not voting 11, as follows: Meadows J. Torres Bishop (GA) Grijalva Panetta Meehan Ros-Lehtinen Trott Blumenauer Gutie´rrez Pascrell [Roll No. 615] Meeks Rosen Tsongas Blunt Rochester Hanabusa Payne YEAS—389 Meng Roskam Turner Bonamici Hastings Pelosi Messer Ross Upton Boyle, Brendan Heck Perlmutter Abraham Cramer Hastings Mitchell Rothfus Valadao F. Higgins (NY) Pingree Adams Crawford Heck Moolenaar Rouzer Vargas Brown (MD) Himes Polis Aderholt Crist Hensarling Mooney (WV) Royce (CA) Veasey Aguilar Crowley Brownley (CA) Hoyer Price (NC) Herrera Beutler Moore Ruiz Vela Allen Cuellar Hice, Jody B. Bustos Huffman Quigley Moulton Ruppersberger Vela´ zquez Amash Culberson Higgins (LA) Butterfield Jackson Lee Raskin Mullin Rush Visclosky Amodei Curbelo (FL) Higgins (NY) Capuano Jayapal Rice (NY) Murphy (FL) Russell Wagner Arrington Davidson Hill Carbajal Jeffries Richmond Napolitano Rutherford Walberg Babin Davis (CA) Himes Ca´ rdenas Johnson (GA) Rosen Neal Ryan (OH) Walden Bacon Davis, Danny Holding ´ Carson (IN) Kaptur Ruiz Newhouse Sanchez Walker Banks (IN) Davis, Rodney Hollingsworth Noem Sanford Cartwright Keating Ruppersberger Walorski Barletta DeFazio Hoyer Nolan Sarbanes Castor (FL) Kelly (IL) Rush Walters, Mimi Barr DeGette Huizenga Norcross Scalise Castro (TX) Kennedy Ryan (OH) Walz ´ Barraga´ n Delaney Hultgren Norman Schiff Chu, Judy Khanna Sanchez Wasserman Barton DeLauro Hunter Nunes Schneider Cicilline Kihuen Sarbanes Schultz Bass DelBene Hurd O’Halleran Schrader Clark (MA) Kildee Schakowsky Waters, Maxine Clarke (NY) Kilmer Schiff Beatty Demings Issa O’Rourke Schweikert Weber (TX) Clay Kind Schneider Bera Denham Jackson Lee Olson Scott, Austin Webster (FL) Cleaver Krishnamoorthi Scott (VA) Bergman Dent Jeffries Palazzo Scott, David Wenstrup Clyburn Kuster (NH) Scott, David Beyer DeSantis Jenkins (KS) Pallone Sensenbrenner Westerman Cohen Langevin Serrano Biggs DesJarlais Jenkins (WV) Palmer Serrano Williams Connolly Larsen (WA) Sewell (AL) Bilirakis Diaz-Balart Johnson (GA) Panetta Sessions Conyers Larson (CT) Shea-Porter Bishop (GA) Dingell Johnson (LA) Pascrell Sewell (AL) Wilson (FL) Cooper Lawrence Sherman Bishop (MI) Doggett Johnson (OH) Paulsen Shea-Porter Wilson (SC) Courtney Lawson (FL) Sinema Bishop (UT) Donovan Johnson, Sam Payne Sherman Wittman Crist Lee Sires Blackburn Doyle, Michael Jordan Pearce Shimkus Womack Crowley Levin Slaughter Blum F. Joyce (OH) Pelosi Shuster Woodall Cummings Lewis (GA) Smith (WA) Blunt Rochester Duffy Kaptur Perlmutter Simpson Yarmuth Davis (CA) Lieu, Ted Soto Bost Duncan (SC) Katko Perry Sinema Yoder Davis, Danny Lipinski Speier Boyle, Brendan Duncan (TN) Keating Peters Sires Yoho F. Dunn DeFazio Loebsack Suozzi Kelly (IL) Peterson Slaughter Young (AK) Brady (TX) Emmer DeGette Lofgren Swalwell (CA) Kelly (MS) Pittenger Smith (MO) Young (IA) Brat Engel Delaney Lowenthal Takano Kelly (PA) Poe (TX) Smith (NE) Zeldin Brooks (AL) Eshoo DeLauro Lowey Thompson (CA) Kennedy Brooks (IN) Estes (KS) DelBene Lujan Grisham, Thompson (MS) Kihuen NAYS—32 Brown (MD) Esty (CT) Demings M. Titus Kildee Brownley (CA) Evans Blumenauer Gabbard McGovern DeSaulnier Luja´ n, Ben Ray Tonko Kilmer Buchanan Farenthold Bonamici Gomez Nadler Deutch Lynch Torres Kind Buck Faso Carson (IN) Grijalva Pingree Dingell Maloney, Tsongas King (IA) Bucshon Ferguson Castro (TX) Gutie´rrez Polis Doggett Carolyn B. Vargas King (NY) Budd Fitzpatrick Chu, Judy Huffman Schakowsky Doyle, Michael Maloney, Sean Veasey Kinzinger Burgess Fleischmann Cicilline Jayapal Smith (WA) F. Matsui Vela Knight Bustos Flores Clarke (NY) Jones Speier Engel McCollum Vela´ zquez Krishnamoorthi Butterfield Foster Cummings Khanna Titus Eshoo McEachin Visclosky Kuster (NH) DeSaulnier Lee Byrne Foxx Watson Coleman Espaillat McGovern Walz Kustoff (TN) Deutch Lieu, Ted Esty (CT) McNerney Wasserman Calvert Frankel (FL) Welch Capuano Franks (AZ) Labrador Espaillat Lowenthal Evans Meeks Schultz LaHood Foster Meng Waters, Maxine Carbajal Frelinghuysen Ca´ rdenas Fudge LaMalfa NOT VOTING—11 Frankel (FL) Moore Watson Coleman Lamborn Carter (GA) Gaetz Black Fortenberry Pocan Fudge Moulton Welch Lance Carter (TX) Gallagher Brady (PA) Garrett Roybal-Allard Gabbard Nadler Wilson (FL) Langevin Cartwright Gallego Bridenstine Hudson Scott (VA) Gallego Napolitano Yarmuth Larsen (WA) Castor (FL) Garamendi Ellison Johnson, E. B. NOT VOTING—9 Chabot Gianforte Larson (CT) Cheney Gibbs Latta Black Ellison Johnson, E. B. Clark (MA) Gohmert Lawrence Brady (PA) Garrett Pocan b 1829 Clay Gonzalez (TX) Lawson (FL) Bridenstine Hudson Roybal-Allard Cleaver Goodlatte Levin So (two-thirds being in the affirma- b 1823 Clyburn Gosar Lewis (GA) tive) the rules were suspended and the Coffman Gottheimer Lewis (MN) So the bill was passed. Cohen Gowdy Lipinski bill was passed. The result of the vote was announced Cole Granger LoBiondo The result of the vote was announced Collins (GA) Graves (GA) Loebsack as above recorded. Collins (NY) Graves (LA) Lofgren as above recorded. A motion to reconsider was laid on Comer Graves (MO) Long A motion to reconsider was laid on the table Comstock Green, Al Loudermilk the table. Conaway Green, Gene Love f Connolly Griffith Lowey PERSONAL EXPLANATION RISK-BASED CREDIT EXAMINATION Conyers Grothman Lucas Cook Guthrie Luetkemeyer Mr. GARRETT. Madam Speaker, I was un- ACT Cooper Hanabusa Lujan Grisham, able to be in Washington, DC. Had I been The SPEAKER pro tempore. The un- Correa Handel M. present, I would have voted ‘‘nay’’ on rollcall Costa Harper Luja´ n, Ben Ray finished business is the vote on the mo- Costello (PA) Harris Lynch No. 613, ‘‘yea’’ on rollcall No. 614, and ‘‘yea’’ tion to suspend the rules and pass the Courtney Hartzler MacArthur on rollcall No. 615.

VerDate Sep 11 2014 02:28 Feb 13, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD17\NOVEMBER\H07NO7.REC H07NO7 H8582 CONGRESSIONAL RECORD — HOUSE November 7, 2017 RECOGNIZING JOE FRACCOLA minute and to revise and extend his re- elites and corporations ahead of the (Ms. TENNEY asked and was given marks.) needs of the American people. permission to address the House for 1 Mr. PAYNE. Mr. Speaker, 1 year ago This bill tears away protections for minute and to revise and extend her re- today, the United States held an elec- Americans with student loans and marks.) tion for President. Americans who choose to adopt chil- Ms. TENNEY. Mr. Speaker, I rise Going into that election, there were dren. It strips support for individuals today to recognize Mr. Joe Fraccola of 251 million Americans old enough to with unexpected health challenges, New Hartford, New York, my home- vote, but only 139 million people actu- even those whose homes have burned town. ally voted. That means that just 55.3 down. Joe was drafted into the United percent of the voting-age population Under this plan, some 8 million States Army in 1968, serving in the took part in the selection of the person American families will see their taxes Vietnam war. On June 7, 1969, Joe was to fill our Nation’s highest office. go up almost immediately, and mil- injured during an enemy rocket attack, Mr. Speaker, we should break down lions more will face tax increases in earning the Purple Heart medal. barriers to voting, not build them. We the future. After returning home from Vietnam, should make registering to vote easier, All this is done while giving perma- Joe worked for the United States Post- not harder. We should ensure elections nent tax breaks to millionaires and bil- al Service and became active in vet- are competitive, not guaranteed. lionaires and increasing the deficit by erans advocacy in central New York, Mr. Speaker, we must restore the trillions of dollars. This puts America’s serving as the commander of Central Voting Rights Act. We must restore social safety net and our economic fu- New York Chapter 490 Military Order voting rights for people who have ture in deep jeopardy. of the Purple Heart. served their prison sentences. We must This is not the type of tax relief the Under Joe’s leadership, the chapter end partisan gerrymandering. We must American middle class and working has visited wounded soldiers, sailors, protect the sanctity of our elections. poor need—or deserve—right now. airmen, and marines at Walter Reed; We must do this before the next Fed- Mr. Speaker, I urge every one of my supported military honors at funerals eral election. colleagues to put the needs of the and events; assisted in honor flights to American people first and oppose the f the World War II Memorial in Wash- very disastrous Ryan-McConnell tax ington, D.C., and helped to commemo- IT IS ALL ABOUT GUNS plan. rate the 50th anniversary of Vietnam. (Ms. JACKSON LEE asked and was f Joe is also active in the Vietnam given permission to address the House Veterans of America and supports our CONGRATULATING THE HOUSTON for 1 minute.) local Gold Star Mothers. ASTROS Our community owes Joe our grati- Ms. JACKSON LEE. Mr. Speaker, there are so many things that the (Mr. GOMEZ asked and was given tude for his service and sacrifice for permission to address the House for 1 this country and for all he has done to American people have to deal with, and I think you have heard many of us minute.) support veterans and their families Mr. GOMEZ. Mr. Speaker, I rise after his service. offer our sympathy and concern for the tragedy that happened in my State, today to congratulate my colleague, f and, clearly, one more thing that we Congresswoman SHEILA JACKSON LEE, NATIONAL ADOPTION MONTH don’t want to deal with, the shooting of and the Houston Astros for winning the 2017 Major League Baseball World Se- (Mr. LANGEVIN asked and was given those people of faith praying on their ries. The Astros finally earned history permission to address the House for 1 day of worship, which is what happened minute and to revise and extend his re- in Texas on Sunday. this season by winning their first marks.) So, today, I am introducing H.R. 4268, World Series title. But they weren’t the only ones to Mr. LANGEVIN. Mr. Speaker, I rise Safety Not Sorry Act of 2017, earn something by beating my Los An- today in recognition of November as that addresses a 7-day waiting period geles Dodgers. Congresswoman JACK- National Adoption Month in honor of for purchases or sales of semiautomatic SON LEE also earned some of LA’s the 111,000 children waiting to be firearms, silencers, armor-piercing am- iconic Philippe’s French dip sand- adopted from the foster care system. munition, or large capacity ammuni- wiches as part of our friendly wager. As a co-chair of the Congressional tion magazines for purchase or trans- We may be on opposing teams when Foster Youth Caucus, I strongly be- fer. it comes to baseball, but we both play lieve that every child deserves a for- And let me respond to those who of- for the blue team here in Congress, and ever family. The love and stability that fered mental health. The data shows I look forward to working with her to a family provides leads to far better that Americans have more mental fight for working men and women outcomes for youth of all ages, and we health problems than do people in must work to ensure that we have this across the United States. other countries with fewer mass shoot- Mr. Speaker, I yield to the gentle- support system. ings. But it shows that it is estimated But adoption does take a toll on fam- woman from Texas (Ms. JACKSON LEE). that only 4 percent of American gun ilies, both financially and emotionally. Ms. JACKSON LEE. Mr. Speaker, I deaths could be attributed to mental They need assistance, and the adoption thank the gentleman for yielding. health issues. tax credit provides them with up to I couldn’t have had a wager with a Let’s not keep giving excuses or $13,570 in tax refunds for adoption ex- greater Member of Congress. I love his penses. I am truly disturbed, Mr. blaming people with mental health orange tie. I love him looking at this Speaker, that Republicans have intro- issues. I can assure you that is not the sign: Beat LA. duced a tax bill that would eliminate problem. As the article in the New All of those players—LA Dodgers and the adoption tax credit. York Times says, it is all about guns— the Houston Astros—had great char- During National Adoption Month, I guns, guns, guns. acter and great sportsmanship. call on my colleagues to support adopt- I ask my colleagues to support H.R. I love the sandwiches. Let’s do it ed children and families by rejecting 4268. again. Let’s see them in 2018 in the this misguided measure. f World Series. Mr. Speaker, we need to make sure OPPOSE DISASTROUS RYAN- Go Astros. that adoptions are affordable, that Mr. GOMEZ. Mr. Speaker, congratu- MCCONNELL TAX PLAN they are possible, and that, long-term, lations to Houston: Houston strong, they are successful, and the adoption (Mr. TONKO asked and was given and Houston proud. tax credit does exactly that. permission to address the House for 1 f f minute and to revise and extend his re- marks.) LET’S LEARN FROM KANSAS, NOT VOTING RIGHTS Mr. TONKO. Mr. Speaker, I rise in BECOME KANSAS 2.0 (Mr. PAYNE asked and was given opposition to the Ryan-McConnell tax (Ms. NORTON asked and was given permission to address the House for 1 plan that puts the interests of wealthy permission to address the House for 1

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.110 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8583 minute and to revise and extend her re- for 1 minute and to revise and extend ing patriotism and willingness to serve marks.) his remarks.) and sacrifice above self. How noble for Ms. NORTON. Mr. Speaker, what Mr. SCHRADER. Mr. Speaker, I rise liberty’s cause, yet too many veterans, happens if Congress goes nuts on tax today to share the story of Marco, a upon their return from service, endure cuts without paying for them? DREAMer in Portland, Oregon, and to long wait-times at VA health facilities. Kansas, which did just that, has now continue to urge Speaker RYAN to put That is why I have developed a bill had to raise State taxes back to where forth a clean Dream Act bill. that would reduce the VA physician they were, providing a valuable object In 1995, Marco was brought to the shortage, which is estimated to be lesson for Congress right now: tax cuts United States when he was only 3 years about 5,000. about ideology, not economics, do not old. As a teenager with dreams of going Our VET MD Act would address this work. to college, Marco realized he didn’t by allowing pre-med students to par- Yet Republicans seem to be taking a qualify for financial aid because of his ticipate in organized clinical observa- page out of the Kansas tax cuts, au- immigration status, but he did not tions at VA medical centers. Future thored by Governor Sam Brownback, allow this to deter him. Instead, Marco physicians will have exposure to the that crushed that State’s economy. worked hard in various minimum wage VA healthcare system, and the VA will He promised tens of thousands of jobs jobs, allowing him the ability to attend create potential medical professionals. to fund the State’s schools. He guaran- college part-time. This is just one solution Congress teed a progrowth economy that would In 2012, after applying for DACA, should implement to address the VA pay for the tax cuts and then some. Marco was granted a work permit, physician shortage. It will help lead to Kansas did grow initially, but then making it possible for him to earn a decreased wait-times, better care, and lagged behind all the rest of the States. job with a law firm in Portland, where healthier outcomes. Now Brownback’s tax cuts have pro- he worked his way up from the mail- Our veterans dedicated their lives for duced new taxes for Kansas. room to be a legal assistant. His salary our country. We owe these honorable Let’s learn from Kansas, not become from the law firm enabled him to en- men and women better basic Kansas 2.0. roll in more classes and finally com- healthcare. f plete his bachelor’s degree in account- Mr. Speaker, on this Veterans Day, I GOP TAX SCAM ing. urge my colleagues to please join me. Marco now works as an accountant (Mr. NADLER asked and was given Let us affirm a commitment to action for an Oregon nonprofit that helps ben- permission to address the House for 1 for the men and women who have de- efit youth. minute and to revise and extend his re- fended our liberty and have lived the This President claims to want only words duty, honor, and country. marks.) the best. I have news for him: we al- Mr. NADLER. Mr. Speaker, the Re- f ready have the best and brightest, and publicans are scamming America. They it is time we stopped treating them WE NEED FAIR AND STRONG are offering a facade of lowered taxes like second class citizens. HURRICANE RELIEF PACKAGES that you probably will never see in ex- Mr. Speaker, we need to pass a clean (Ms. MOORE asked and was given change for massive and permanent tax Dream Act bill. cuts for the wealthiest Americans and permission to address the House for 1 corporations. f minute and to revise and extend her re- And for what? VETERANS marks.) Ms. MOORE. Mr. Speaker, I rise to We are told the corporate and upper (Mr. BRENDAN F. BOYLE of Penn- highlight the continuing urgency of income tax cuts will result in more in- sylvania asked and was given permis- providing relief and recovery aid for vestment and greater economic sion to address the House for 1 minute Puerto Rico and the Virgin Islands, growth, which will yield more jobs and and to revise and extend his remarks.) more revenue for the country and high- Mr. BRENDAN F. BOYLE of Pennsyl- which were devastated by Hurricanes er wages for the middle class. vania. Mr. Speaker, this week we honor Irma and Maria. While U.S. efforts But this is bunk. They have run this America’s veterans, a group of men and have ramped up after a failed initial re- scam twice before. Reagan passed simi- women with unparalleled courage and sponse, we can and must do more. lar upper class tax cuts and told us the love of country. In Puerto Rico, some 70 shelters re- tax cuts would generate such economic We owe our veterans an eternal debt main open, access to safe drinking growth that they would pay for them- of gratitude. We made a promise to water is a problem, and there are doz- selves. look out for them in exchange for their ens of waterborne disease deaths. Near- What happened? promise to defend our freedom, but ly a third of hospitals are still running The national debt—accumulated gratitude is not enough. That is why I off generators, bridges remain de- from George Washington through am fighting to maximize the care stroyed, and many roads remain im- Jimmy Carter—went from $800 billion homeless veterans receive with my bill passable. Nearly 60 percent of the is- in 1980 to $4.3 trillion 12 years later, to improve reporting from our VA hos- land is without power. and growth was less than under Presi- pitals, to make sure no veteran, at any The news is not better for the Virgin dent Clinton. stage in life, falls through the cracks. Islands, where many still lack access George Bush’s tax cut turned an an- I also helped introduce the Patriot to cell service, power, and clean water. ticipated 10-year $5.65 trillion surplus Employer Act, which would give tax in- Officials estimate $5.5 billion is needed into a $10.63 trillion debt in 8 years. centives to American businessowners for the most essential needs there. And 3 or 4 years from now, Repub- who employ veterans. Mr. Speaker, there are less than 20 licans will use the $1.5 trillion to $2 Mr. Speaker, on behalf of Pennsylva- legislative days left on the House cal- trillion deficit this scam will create to nia’s 13th Congressional District, I endar. How can we be prioritizing tax say: Look at this massive deficit. We would like to thank all of our Nation’s cuts for the wealthy? Let’s put to- have to make savage cuts to Social Se- veterans for their service on this Vet- gether fair and strong hurricane relief curity, Medicare, education, and infra- erans Day and every day. packages for communities ravaged by structure. f these hurricanes, including those in That is what they are building in Puerto Rico and the Virgin Islands. now. The Republicans are scamming VETERANS DAY f America, and we must reject this bill. (Ms. KAPTUR asked and was given CONFLICTS OF INTEREST OF SPE- f permission to address the House for 1 CIAL COUNSEL MUELLER AND b 1845 minute.) Ms. KAPTUR. Mr. Speaker, I rise in OTHERS IN THE PREVIOUS AD- WE NEED TO PASS A CLEAN honor of Veterans Day, which we will MINISTRATION DREAM ACT NOW observe this Saturday, November 11. The SPEAKER pro tempore (Mr. (Mr. SCHRADER asked and was Each Veterans Day, we celebrate RUTHERFORD). Under the Speaker’s an- given permission to address the House America’s veterans for their unwaver- nounced policy of January 3, 2017, the

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.112 H07NOPT1 H8584 CONGRESSIONAL RECORD — HOUSE November 7, 2017 gentleman from Arizona (Mr. BIGGS) is putable conflicts of interest that are malfeasance or active negligence. And recognized for 60 minutes as the des- present with Mr. Mueller and others at in those circumstances, we need fresh ignee of the majority leader. the Department of Justice. eyes and clear eyes to give the Amer- GENERAL LEAVE I join my colleague, the gentleman ican people confidence that our justice Mr. BIGGS. Mr. Speaker, I ask unani- from Arizona, in calling for Mr. system is, in fact, working for them. mous consent that all Members have 5 Mueller’s resignation or his firing. It is not only the Uranium One deal legislative days in which to revise and Moreover, we absolutely have to see that gives us a great deal to question. extend their remarks and include ex- the Department of Justice appoint a We also have this Fusion GPS dossier, traneous material on the topic of this special counsel to look into the Clinton which we have now learned that the Special Order. Foundation, the Uranium One deal, and Democratic Party was paying for. The The SPEAKER pro tempore. Is there the Fusion GPS dossier that I will now Democratic Party was out paying peo- objection to the request of the gen- have the opportunity to discuss. ple to stir up this salacious and inac- tleman from Arizona? I really don’t know who is inves- curate dirt on President Trump both There was no objection. tigating the Uranium One deal right before and after he was elected. Mr. BIGGS. Mr. Speaker, I stand to- now. I know that, in July, the chair- In his own testimony before the Con- night with a number of my colleagues man of the Judiciary Committee, along gress, Mr. Comey said that these alle- to shed light and ask questions and dis- with 20 members of the Judiciary Com- gations were salacious and could not be cuss the conflicts of interest of Mr. mittee, sent a letter to Attorney Gen- relied upon. So it begs the question, Mueller and several others in the pre- eral Sessions asking who would be what was the Fusion GPS dossier relied vious administration. looking into these critical questions, upon for? Was it relied upon so that As I recall the events of the past 2 demanding that a special counsel be there would be FISA warrants issued to years, it becomes clearer than ever appointed to conduct a thorough re- go and spy on the President and mem- that Mr. Mueller should resign. If he view. It is extremely disappointing bers of his team? We don’t know, but does not resign, then he should be that the chairman of the Judiciary until we have a special counsel, we will fired. Committee and my fellow members never get those answers, because I believe he has conflicts of interest have received no response from the De- Mueller and Rosenstein are conflicted. that do not allow him to proceed with partment of Justice as to that letter. Why did Congress never hear from I don’t know whether the Attorney his investigation in an unbiased, inde- these informants? Well, it is no sur- General’s recusal on matters related to pendent manner. Further, he has prise to me. You actually have Mr. Russia impacts, influences, or, in any broadened the scope of his investiga- Rosenstein’s name on the signature way, covers the Fusion GPS challenge tion far beyond his charge to examine block of the pleadings that sealed the and the incredible threat to national Russian interference in the 2016 Presi- information that could have shed light security raised by the Uranium One dential election. In the process, he is on this entire scandal, but we didn’t deal. helping to attack the integrity, percep- have that opportunity. tion, and credibility of the American I do know that there is no world in which Mr. Mueller could potentially in- Now, it may very well be that these justice and electoral system. were simply acts of negligence, acts of Mr. Speaker, my constituents want vestigate these matters. It is Federal law that even the appearance of a con- omission or oversight. If that is the answers. Congress has sought answers case, let’s get someone in who can give from the previous administration for flict of interest means that someone cannot engage in prosecutorial duties us the answers, because certainly the many years. Without exception, the people who are there now cannot give Obama administration stonewalled regarding allegations and investiga- tions. That conflict of interest is abso- us answers, and they have these tragic these attempts. conflicts of interest. Hillary Clinton and the Clinton lutely present. The American people are well aware Foundation are the subject of many of As early as 2009, the FBI knew that that the Clinton Foundation func- these questions and subsequent inves- we had informants alleging corruption tioned largely as a money laundering tigations. into United States uranium assets. Ms. Clinton did not become Presi- There were allegations of bribery, organization to influence the State De- dent. Some say that, because of this, kickbacks, extortion. Even in 2010, partment and to ensure that there were we should not complete our investiga- Members of Congress were raising special people with special access and tions into multiple allegations of mis- these questions and asking the Obama special relationships to the Clintons conduct, but this is misguided. administration to provide answers that who got special treatment. That is not No American is above the law. Losing were never given. an America that abides to the rule of an election does not grant immunity I don’t think it is a coincidence that law. for misconduct. Whether Ms. Clinton is at the same time we were hearing from As a member of the Judiciary Com- Secretary of State, President of the sources that there was bribery to influ- mittee, we have to see the rule of law United States, or a citizen of ence our uranium assets, you had held up and cherished. We are a model Chappaqua, New York, she should be former President Bill Clinton getting for the world, but if we have cir- held to the same standard as everyone paid $500,000 by a bunch of Russians to cumstances where our President, who else. go give a speech. It must have been one was elected, is undermined as a con- I am pleased that the House Judici- hell of a speech. It is deeply troubling sequence of these things, if we do not ary and Oversight Committees share to me that these circumstances seem replace Bob Mueller with someone who this sentiment. Our committees will to be ripe for corruption and seem to can come in absent of association with soon be launching a joint investigation demonstrate an ecosystem of corrup- the individuals who may be implicated, into the unanswered questions sur- tion that must be thoroughly inves- then I fear this great, special place rounding the allegations that we have tigated. that we hold in the world may be di- mentioned. We intend to get truthful Now, why can’t Mr. Mueller and Mr. minished. answers to these questions. Rosenstein conduct this investigation? So I have introduced legislation. I am Mr. Speaker, I yield to the gentleman First of all, Mr. Mueller was the head very pleased that my colleagues have from Florida (Mr. GAETZ). of the FBI in 2009. He potentially had a joined me in sponsoring that legisla- Mr. GAETZ. Mr. Speaker, I thank the role to play in these questions. At the tion, calling for Mr. Mueller to resign. gentleman for yielding. very least, the fact that the FBI never I have also called for a special counsel Mr. Speaker, we are at risk of a coup prosecuted any case, never raised ob- to be appointed. d’etat in this country if we allow an jections, never allowed Congress to be To my colleagues on the other side unaccountable person with no over- able to look into these matters, that who say, well, hey, you know, there sight to undermine the duly-elected would be an act of omission. were a variety of agencies that were in- President of the United States, and I So at best, there is an omission that volved in approving the Uranium One would offer that is precisely what is creates a conflict for Mr. Mueller; at deal, there were eight or nine groups happening right now with the indis- worst, there might have been actual that could have said no.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.114 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8585 b 1900 When James Comey is fired, he then Mr. MEADOWS. Mr. Speaker, I thank Are Members of Congress really tak- leaks a government document, through the gentleman from Arizona for his ing the position that the Clintons don’t a friend, to The New York Times. And leadership; and, obviously, for the elo- have their tentacles in just about every what was his objective? What did he quent words of my colleagues from agency of government? tell us? Florida and from Ohio. How ludicrous. You are talking about Under oath, he told us this: Trying to Mr. Speaker, I rise today to join my the former President of the United create momentum for a special coun- colleagues in, really, addressing a seri- States and, at the time, the lady who sel. ous matter of transparency that has was serving as our Secretary of State. Of course, it can’t just be any special left the American people with ques- The fact that this was a multiagency counsel. Who is that special counsel tions that deserve honest answers. process only underscores the conflicts going to be? You know, for the past year, as our of interest that lie with Rosenstein and Bob Mueller, his friend, his prede- government has been mired in a fruit- Mueller. cessor, his mentor and, maybe most less, aimless, and sometimes laborious I am calling on the Attorney General importantly, as my good friend from investigation on accusations of collu- to appoint a special counsel to preserve Florida just pointed out, the guy who sion between the Russian Government the rule of law and to help us save this was running the FBI when the whole and the 2016 Presidential campaign, my great country from those who are try- Uranium One deal was going down. colleagues on the other side of the aisle ing to undermine us and undermine our I mean, this is amazing. All we are have insisted that Congress follow President. asking for is for the Attorney General where the evidence leads in this inves- Mr. BIGGS. I thank the gentleman to name a special counsel to look into tigation. from Florida and I appreciate his re- all these questions. Mr. Speaker, I am here to tell you marks. Why was it so critical that James today that I agree wholeheartedly. Mr. Speaker, I yield to the gentleman Comey call the matter not an inves- Congress should follow the facts where from Ohio (Mr. JORDAN). tigation? they lead. However, they are leading in Mr. JORDAN. Mr. Speaker, why, in Why was it so important that Loret- a very different direction than many of 2016, would James Comey call the Clin- ta Lynch not use her real name when the mainstream media narratives ton investigation a matter, not an in- she is talking about the meeting she might suggest. vestigation? had with Bill Clinton on the tarmac? You see, in the process of this inves- Last time I checked, he wasn’t direc- Why was it so important that we get tigation, we have learned a fact pat- tor of the Federal bureau of matters. a special counsel, and that special tern surrounding the Clinton campaign Why, in 2016, would then-Attorney counsel be Bob Mueller; so important and potentially the Obama administra- General Loretta Lynch, one day before that James Comey can leak a docu- tion’s involvement in a targeted cam- the Benghazi report is due to come out, ment, through a friend, to The New paign using information from foreign 5 days before Secretary Clinton is York Times, a government document? intelligence officials against then-can- scheduled to be interviewed by the FBI, Why was all this so important? didate Donald Trump. meet with former President Bill Clin- All we are asking for is to name a Now, as we know from the recent ton on a tarmac in Phoenix? Why special counsel to look into this; and New York Times report, the Presi- would that happen in 2016? we first asked for this 31⁄2 months ago. dential campaign of Hillary Clinton Why, in the days just following that Twenty members of the Judiciary Com- and the Democratic National Com- meeting with the former President, mittee sent the Attorney General a let- mittee paid for research that was in- would Attorney General Loretta ter on July 27, laying out all these cluded in the now infamous Russian Lynch, when corresponding with the questions and saying: Name a special dossier that was made public in Janu- public relations people at the Justice counsel to look into it. ary of this year by Buzzfeed and re- Department via email, not use her real After all, the taxpayers, the Amer- ported on by CNN. name and, instead, use the name Eliza- ican people, would like the answers. I Now we know that the Clinton cam- beth Carlisle? know the ones in the Fourth District of paign and the DNC paid an ex-British Again, it seems to me if you are just Ohio would. I talk to them all the intelligence officer, Christopher Steele, talking about grandkids and golf, you time. to compile this dossier with the re- could probably use your real name. For 2 months we heard nothing. So search provided from Russian intel- Why, as we have learned recently, re- five of us went and met with the Attor- ligence officials. ported in The Federalist, why would ney General asking about the July 27 Now, much of this dossier contains the FBI be reimbursing Christopher letter, and would they appoint a spe- claims that have either not been Steele, the author of the dossier? Why cial counsel. To date, we have got no verified or have been directly refuted. would that be happening all in 2016? answer, no response. So, Mr. Speaker, it is suspicious You know, as the previous speakers So I appreciate the gentleman from enough that the Clinton campaign and have talked about, we have had this Arizona for organizing this Special the DNC paid intelligence officials in focus the last several months on poten- Order. I appreciate my good friend Russia for this type of material and tial Russia, Trump campaign collusion from Florida, the gentleman from false information on President Trump. and influence, Russian influence on the North Carolina, the gentleman from But we were also beginning to see election. Pennsylvania, and the gentleman from evidence that raises questions about It seems to me we know something Arizona who are going to join us as the very way that the Obama Justice pretty clearly. The Obama administra- well this evening. Department may have inappropriately tion Justice Department certainly It is time for a special counsel to be involved themselves into this project, tried to influence the election. I mean, named to get the answers for the both before and after the 2016 Presi- I think we can see that without a American people on these fundamental dential campaign. doubt. questions. We haven’t said them all. Mr. Speaker, now, if you would, con- What did we learn today? The gen- There are lots of other questions, but sider the timeline that we are working tleman from Florida was talking about these are the fundamental ones. It is with here. In April of 2016, the Clinton the dossier. What did we learn today? time we had a special counsel get to campaign used the law firm of Perkins It was reported today that the co- the bottom of this. That is what we Coie to retain Fusion GPS, the firm be- founder of Fusion GPS, Glenn Simpson, have called for. That is what we want hind the Russian dossier. was meeting with the now famous Rus- to see happen. We hope it does, and the Now, that very same month, in April sian lawyer, Natalia Veselnitskaya, sooner the better. of 2016, President Obama’s campaign both before the meeting that she had Mr. BIGGS. Mr. Speaker, I thank the began paying more than $900,000 to with Donald Trump, Jr., and after the gentleman from Ohio for his eloquent what law firm? meeting she had with Donald Trump, comments. Perkins Coie, the very same firm Jr. I find that interesting. The story Mr. Speaker, I yield to the gentleman used by the Clinton campaign in the keeps getting better. from North Carolina (Mr. MEADOWS). creation of the dossier.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.116 H07NOPT1 H8586 CONGRESSIONAL RECORD — HOUSE November 7, 2017 Now, we also know that in the weeks The American people deserve an an- Papadopoulos didn’t even have to do prior to the 2016 election, President swer to those questions. They demand with his work on the campaign. He was Obama’s FBI tried to reach an agree- answers to those questions, and it is indicted because he had lied to the ment with Christopher Steele to pay our government’s responsibility to find FBI—again, no collusion with the for the Russian dossier, and the FBI ac- them. Trump campaign found whatsoever. tually ended up reimbursing some of Mr. BIGGS. Mr. Speaker, I thank the But that didn’t stop the media from the dossier expenses. gentleman from North Carolina for his sensationalizing the news. After all, Now, to be clear, the FBI attempted remarks, and I am grateful to have him they have a job to do. But the Amer- to pay, and then reimbursed, the costs here tonight. ican people didn’t fall for it, Mr. of the Russian dossier that was being Mr. Speaker, I yield to the gentleman Speaker. The New Yorker’s legal writ- orchestrated by Hillary Clinton’s Pres- from Arizona (Mr. FRANKS). er, Jeffrey Toobin, and the liberal idential campaign. Now, the FBI has Mr. FRANKS of Arizona. Mr. Speak- vox.com have suggested Mueller seems refused to answer questions and re- er, I thank the gentleman from Ari- to be conducting his investigation like sisted any transparency on this issue. zona. He and I hold a deep, common he is going after a mafia mob boss. So going a step further, we now know conviction that Arizona is the most The problem with treating the that on January 6, President Obama’s important and best State in the Union, Trump campaign as an organized crime intelligence officials, led by then-Di- and I don’t think anyone here would organization, clearly, is it presumes rector of the FBI, James Comey, debate that. Trump’s guilt. No matter how well-in- briefed President-elect Trump on the Mr. Speaker, last Monday, October tentioned and full of integrity Mr. contents of the dossier. 30, we were delivered the over-hyped Mueller might be, if he is treating Now, following that January 6 brief- ‘‘bombshell’’ story that Special Coun- Trump like Al Capone, his tactics are ing, there are reports that the Obama sel Robert Mueller would introduce wrong. administration’s intelligence officials some damning evidence about Presi- When trying to pursue charges on a leaked to CNN the fact that the Presi- dent Trump’s collusion with Russia via mafia boss, the FBI pulls in the street dent-elect was briefed on the dossier. indictments. guys, threatens them with life in jail Four days later, on January 10, the On Friday, October 27, someone in- or some other steep charge, unless they dossier ended up being published by volved in the grand jury investiga- spill the beans on their superior. Once Buzzfeed. tion—now, don’t forget, Mr. Speaker, they crack, they bring in the next Now, keep in mind, several media that the purpose of a grand jury is se- level, all . This is a outlets had the dossier in hand prior to crecy, but someone in that organiza- well-known tactic, and it incentivizes January 10, but none of them had tion leaked information to the press, those arrested to invent some spurious printed it since the claims could not be specifically CNN, with no reasonable testimony against their superiors. verified. person being able to count as a friend Could Mr. Mueller be acting with Now, this timeline leaves us with a to the President of the United States; vengeance or to vindicate his good myriad of extremely concerning ques- and it caused every political pundit in friend and colleague, James Comey, tions, Mr. Speaker, but they can be the country to begin surmising who who had a very public feud with the boiled down into a few specifics: Why would be the first to fall. President? Well, we don’t know, Mr. did President Obama’s campaign begin Reporters were assigned the story, Speaker, but it is hard to take any paying almost $1 million to the very revisiting campaign notes and combing charges with this investigation seri- same firm that the Clinton campaign through stacks of research and fact ously when they are going about it in used to fund the dossier in the very sheets about so-called evidence of Rus- this fashion. same month that the Clinton campaign sia collusion. The main point is this, Mr. Speaker: began paying for the dossier? Then the big reveal: Paul Manafort at least James Comey, the media, and The second question: Why did Presi- and Rick Gates were indicted for the Democrats desperately want collu- dent Obama’s FBI attempt to pay crimes related to their business deal- sion to exist between Trump and Rus- Christopher Steele for the Russian dos- ings with a Ukrainian politician sia. And when you want something sier? Why was President Obama’s FBI clinging to power in a country under- that bad, you might even begin to be- involved in paying for a project that going a revolution, back in 2014. The lieve it is true, even if it is not. the Clinton campaign started and was FBI had been trying to indict them But there is good news. Anyone sin- orchestrating? ever since. There was no mention of cerely looking for the drama of Amer- Again, the FBI has refused to answer the Trump campaign, not any whatso- ican officials actually colluding with these questions and has resisted trans- ever in the 12-count indictment. the Kremlin, need look no further now parency on this issue. In other words, Mr. Speaker the an- than the emerging scandal concerning And why brief the President at all on nouncement amounted to what many the sale of American uranium reserves the dossier if much of the dossier could have called a ‘‘nothing burger.’’ to Russia during Hillary Clinton’s time not be verified? Mainstream media members, who had at the State Department. Or, I would suggest, if President spent all weekend promising the view- The FBI, in 2009, under the Obama Obama’s intelligence officials had rea- ers and their readers some new damn- administration, began investigating son to treat the dossier seriously, then ing evidence about Trump, were Russia’s use of bribery, kickbacks, and why did they wait 2 months after the aghast. extortion to gain a bigger foothold in election to disclose the information on the American atomic energy industry. January 6? Why wait? b 1915 They knew this was happening. The And why was the President’s meeting Mueller had let them down. How record is clear. Of course, Mr. Speaker, with President-elect Trump leaked to could they face their audience now American nuclear resources are a crit- CNN 4 days after the briefing, if, again, with nothing to show? But wait, an- ical component of America’s national the dossier could not be verified? other indictment snuck in in the last security. So any detail between Rus- Mr. Speaker, the intention of all of few hours, only a few hours later, right sian companies and U.S. atomic energy this is not to spread theories or to in the nick of time. George resources would require a signoff from speculate as to what might have hap- Papadopoulos—now, here is our guy. the State Department. pened. The point is to recognize that This is the guy. He actually went to After all, Russia is a hostile foreign there are legitimate, unanswered ques- Russia, and he proposed Trump meet government. Correct? Democrats cer- tions about whether the Obama Justice with Putin. We have got him now. tainly seem to believe so now, even Department involved themselves in a Well, no. It turns out Papadopoulos though, in past years, most of them political project targeting then-can- was an unpaid intern who possessed a couldn’t find Russia on a map. didate Donald Trump, a suggestion background in researching Russia. So when Rosatom, a Russian energy that has far more evidence behind it When he suggested Trump meet with group, took control of the Canadian than the directionless investigation the Russians, he was shot down quickly Uranium One, which had control of into the Trump-Russian collusion. and firmly. The indictment against mining and uranium stakes stretching

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.117 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8587 from Central Asia to the American international assets included 20 per- the United States to Canada through a West, that deal needed U.S. State De- cent of the United States’ uranium re- third party. Additional shipments of partment approval. After all, this serves. the uranium were made to Europe, and meant that Russia, a hostile foreign Now, due to uranium status as a stra- they were authorized as well by the power, would control 20 percent of tegic commodity, the $1.3 billion deal NRC. And where they went from Eu- America’s uranium industry. And, of was subject to the approval of the Com- rope, who knows. The NRC doesn’t course, as Obama’s FBI was inves- mittee on Foreign Investment in the know. At least if they know, they tigating Russia for bribes and extor- United States, known as CFIUS; aren’t telling us. We have asked. We tion related to atomic energy, this deal CFIUS, the Committee on Foreign In- certainly don’t know. Maybe Rosatom should have raised a red flag for the vestment in the United States. And knows. State Department. they care because uranium is impor- The question you should have is: Vladimir Putin really wanted the tant. Do you know why? We make nu- Why? Why would the United States do deal to go through because, per The clear bombs out of it—that is why it is this? What was in our interest to sell 20 New York Times, it would allow him to important—and so do other countries. percent of our uranium? Was it that we realize his goal of becoming one of the And maybe so do terrorists if they get needed $1.3 billion? I suspect not. world’s major atomic energy players. their hands on it. So we care. In an attempt to avoid congressional The only thing standing in his way was Now, the CFIUS panel is made up of scrutiny, the NRC did not provide a di- Hillary Clinton’s State Department. nine department heads and agencies, rect export license to Uranium One, The month the deal was approved by including, at that time, Secretary of but, instead, it amended an existing li- Hillary Clinton’s State Department, State Hillary Clinton. Okay, fair cense for a logistics company to allow Bill Clinton received $500,000 from a enough. Now, CFIUS went through the it to export Uranium One’s uranium, Russian investment bank with ties to approval process at what we would con- which was, in effect, the United States’ the Kremlin for a ‘‘speaking engage- sider an unusually rapid pace, approv- uranium, our uranium. ment’’ in Moscow. Then, Mr. Speaker, ing the sale of one-fifth of our uranium The NRC was able to amend this ex- Uranium One’s chairman used his fam- reserves, the United States’ reserves, port license because of two policy ily foundation to make a series of do- to a Russian, Vladimir Putin, state- changes resulting from the Russian nations to the Clinton Foundation, to- owned enterprise in less than 5 months. reset orchestrated by Secretary Clin- taling $2.35 million. Five months. I mean, they did that in ton. Again, look, it might be innocent. Now, being under agreement to dis- 5 months. We have been investigating It might be completely innocent, but it close all of their foundation contribu- allegations of President Trump and deserves more scrutiny, certainly. tions publicly, the Clintons neglected Russia for about 12 months now. In ear- The two things—the two policy still to reveal the Uranium One dona- nest, less than 12 months, but, cer- changes were: the Obama administra- tions. That is pretty convenient, Mr. tainly, the claims have been made tion reinstated the U.S.-Russian civil- Speaker. Are we paying attention here? since the night of the election, yet ian nuclear energy cooperation agree- Now, since the media seems to have they got this done in 5 months. Okay, ment in May of 2010. Shortly there- an insatiable appetite for Russian col- that is good. after, in 2011, the Commerce Depart- lusion, let’s take a look at the Ura- CFIUS proceeded at this pace despite ment removed Rosatom from a list of nium One deal. That is a story worth national security concerns raised by restricted companies that could not ex- looking into, Mr. Speaker. And I would Congress—people right here said: Hey, port nuclear or other sensitive mate- bet the biggest stake in Washington, 20 percent of our uranium shouldn’t go rials or technologies. They still didn’t with anyone in this place, that if a spe- to Vladimir Putin. That doesn’t make have a license, but they were removed cial counsel was appointed to look into sense to us. from the list. it, that investigation would bring some The FBI had extensive concerns, Nine months after the Commerce De- truly legitimate results. tying Rosatom’s main executive to a partment did that, the removal of Mr. BIGGS. Mr. Speaker, I thank the U.S. racketeering scheme. My col- Rosatom from the list, the NRC issued gentleman from Arizona for his re- league has already talked about brib- the license amendment to the third marks. It is my pleasure now to yield ery, extortion, racketeering. Right. party allowing for uranium of the to the gentleman from Pennsylvania Both Secretary of State Clinton and United States to be exported from Ura- (Mr. PERRY). Attorney General Eric Holder—whose nium One mines through Canada, and Mr. PERRY. Mr. Speaker, I thank FBI, by the way, produced the evi- eventually on to Europe, and who the gentleman from Arizona. dence—voted in favor of the deal. Inter- knows where from there. The license Mr. Speaker, we have been entreated estingly enough, who was in charge of amendment stipulated that the ex- to claims of collusion with our govern- the FBI at the time? Our friend, Robert ported uranium must be returned to ment, people high in our government Mueller. It just is a little too coinci- the U.S. Now, this did not occur. In- with Russia for over a year now; since dental for me. I am sorry, it is just a stead, the Department of Energy ap- the last election happening this very little too coincidental. proved the movement of uranium from day a year ago, we have been entreated After the sale, the Nuclear Regu- Canada to Europe, and that was it. It is to this. latory Commission, the United States gone, folks. It is just gone. So I thought I would bring some Nuclear Regulatory Commission, as- It is now clear that the previous ad- sense to this confusion about what we sured both Congress and the public ministration took every conceivable know as the Uranium One deal. Even I that the uranium sold could not be ex- action to clear the path for Rosatom to didn’t know a whole lot about it, so I ported because neither Uranium One purchase Uranium One and to enable did a little research to understand the nor Rosatom, Vladimir Putin’s organi- the export of that uranium. The Rus- timeline and what exactly happened zation, had an NRC export license. So sians got it. Vladimir Putin got the here. I want to talk to you about that even though we had control of 20 per- uranium. this evening. cent, he could never do anything with In taking these extraordinary meas- On June 8 of 2010, the Russian State the 20 percent except leave it in the ures in support of Russian state-owned Atomic Energy Corporation, also United States. enterprise, the Obama administration, known as Rosatom—the Russian state, And, by the way, the Nuclear Regu- with the aid of former Secretary of not some private organization. It be- latory Commission still hasn’t granted State Hillary Clinton and former At- longs to Vladimir Putin. Make no mis- a license to export any of that material torney General Eric Holder, put our na- take about it—announced plans to pur- to Rosatom or to Uranium One to this tional security at risk. chase a 51.4 percent stake in the Cana- day. Mr. Speaker, it is far past time to dian company Uranium One. But despite the public statements, thoroughly—marginally, how about to Now, why do we care? Well, we care somehow it got exported because an marginally investigate this deal—the because this announcement had signifi- NRC memo showed the agency ap- Obama administration’s actions and cant strategic implications for the proved the shipment of yellowcake ura- the Clinton family’s role and their United States since Uranium One’s nium from the Uranium One mines in foundation’s role. You only need to ask

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.119 H07NOPT1 H8588 CONGRESSIONAL RECORD — HOUSE November 7, 2017 one question about all this: Why? Why makes sense why Director Comey would stand beside him through thick would we do this? Why would the would not want to make Cheryl Mills’ and thin, Bob Mueller. This brought United States agree to this? Why did interview recorded, and would make an memories of when Mr. Comey urged his this deal happen the way it did happen? agreement with Cheryl Mills and the boss, John Ashcroft, to recuse himself No other deals happened that way. Why other potential defendants in the case and let them appoint a special counsel. did this one happen this way? Why is that, gee, if they just got a look at So Ashcroft trusted Comey. He prob- there no independent investigation their laptops, they promised they ably shouldn’t have, but he did. into these matters at this point? Why? wouldn’t use anything in the laptop to Then Comey saw to it that his child’s And why is there no special counsel? prosecute them, and the FBI would godfather, Patrick Fitzgerald, would be We are here tonight to call for a spe- then, under Comey’s direction, would the prosecutor. Much like Mueller, he cial counsel so that we know the truth, actually participate in the obstruction got massive amounts of money and a so if there is Russian involvement in and destruction of evidence so that no- great powerful staff so they could go the United States’ national security, body could ever use it against any of after Karl Rove and Vice President whether it is our election, or whether them. Cheney. They were embarrassed there it is our uranium that they could use Now, originally, we thought that was no case there, so they made up one to make an atomic bomb, the Amer- might only be Hillary Clinton. But as on Scooter Libby, and he became the ican people need to know. They should we find out, gee, Mr. Mueller, Mr. fall guy. know. They should have all of the evi- Comey, and Mr. Rosenstein were in But we know from the leak that dence. this up to their eyeballs when it came Comey admitted that he used an ex- Mr. Speaker, I thank the gentleman to the Russian investigation regarding U.S. Attorney, identified as Columbia for yielding. uranium. If they were doing their jobs, University professor Daniel Richman, Mr. BIGGS. Mr. Speaker, I thank the they should never, ever have allowed to leak to The New York Times the gentleman from Pennsylvania for his that sale of American uranium to go to contents of the memo Comey wrote. If you look at the FBI contract with remarks, and I yield to the gentleman a company that they knew would end agents and with people employed by from Texas (Mr. GOHMERT). up in Russian hands. Mr. GOHMERT. Mr. Speaker, I thank So if you look at Cheryl Mills, Heath- the FBI, it makes it very clear that memo that Comey prepared about his my friend, Mr. BIGGS. I appreciate your er Samuelson, John Bentel, Bryan conversation with the President was hosting this hour because this is crit- Pagliano, and Paul Combetta, these are not supposed to ever be provided to the ical stuff here. This is the kind of thing people who were potential targets. And press. That is FBI property, and he vio- that makes or breaks an experiment in what does Director Comey do? He makes sure that they walk. Be- lated the law in leaking it. self-government because there is an at- But if you look, then-professor Dan- cause if they were properly inter- tempted coup taking place. iel Richman got that to The New York viewed, like good prosecutors or good We have heard over and over about, Times author Michael Schmidt, who oh, gee, Mr. Mueller will come to a fair investigators normally do, you start later wrote the Comey memo story in and just conclusion. Well, the only fair there and you say: You help us with which Comey told Congress he directed and just conclusion that Bob Mueller what happened and what you were told Richman to leak. could come to would be that he should by the person above you, and then we Well, if you go back through and you never have accepted the position of won’t prosecute you to the full extent start looking for this common thread, special counsel, that he had conflicts of the law. Michael Schmidt writing stories for so deep that accepting the role of spe- That is how deals are made. That is The New York Times about leaks, then cial counsel could not be ethical and how you get to a Mr. Big in a racketeer you find a number of cases where it ap- appropriate. You wonder, why would he organized confederation. pears likely. Whether it is March 1, take it? Mr. Comey and the FBI apparently March 4, March 5, March 6, it appears Well, when you find out that, as FBI relied on the Fusion GPS investigation likely that this was James Comey Director, he and U.S. Attorney Rod knowing where it came from and know- leaking again. Rosenstein were involved in the deep ing who paid for it. This is incredible. The only question is: Did he commit cover investigation into Russia’s effort If you go back to the Washingtonian a crime in one or all of those events? to corner the market using American article of 2013, it makes pretty clear The answer is: We will never know as uranium, and that Hillary Clinton and that Comey and Mueller were basically long as Bob Mueller is special counsel. Eric Holder and others in the adminis- joined at the hip. He needs to have the decency to say tration approved the sale to a group, In fact, a quote back in 2013 says: that it was a mistake for me to take the stockholders of which donated, as I ‘‘The stressed Comey had few people he this on, it was a mistake when Comey understand, $145 million or so to the could turn to for advice; almost no one testified there was no evidence of any Clinton Foundation, in effect, the Clin- was allowed to know the program ex- collusion between Donald Trump and tons hit the Russian megalottery—the isted, and disclosing the program’s ex- the Russians, it was a mistake for him megamillions lottery from Russia. istence to someone outside that circle to leak out that night that now he is could send him to prison. In fact, there b 1930 investigating the President for ob- was only one person in government struction of justice. As I understand, $145 million or so to whom he could confide in and trust: Why would he do that? the Clinton Foundation, in effect, the Bob Mueller.’’ So he wouldn’t get fired, because Clintons hit the Russian mega lottery; ‘‘Comey thought, ‘A freight train is there was no purpose in his investiga- the megamillions lottery from Russia, heading down the tracks, about to de- tion. and just a little tease was the half-a- rail me, my family, and my career.’ He Why would he indict people when he million-dollar fee for just giving one glanced to his left at his fellow pas- did? little, short speech by Bill Clinton. senger, thinking, ‘At least Bob Mueller Because even The Wall Street Jour- But if we look back at what has gone will be standing on the tracks with nal and others around this town began on, just look at some of the facts, it me.’ ’’ to say: Do you know what? Mueller was shocking that FBI Director Comey ‘‘The crisis over, Comey and Mueller really should resign. did not have Cheryl Mills interviewed. shared a dark laugh.’’ He had to get those indictments out She was Clinton’s former Chief of Staff Well, it is not quite so amusing when quick so people would not keep calling at the State Department. Now we are you look at the stakes and whether or for his resignation. Well, some of us finding out, well, I guess, gee, if Comey not this little experiment in self-gov- are. We have got to clean this town up, was going to draft a statement saying ernment will continue. For example, and it will start with the resignation of that there was not sufficient evidence we know that Comey admitted in testi- Mr. Mueller and a proper investigation to prosecute Hillary Clinton before he mony before Congress before the Sen- of all of this underlying case involving ever talked to Cheryl Mills or talked to ate that he had leaked information in Comey, Lynch, the Clintons, Russia, Hillary Clinton or followed up on the order to get a special counsel ap- and Rod Rosenstein who oversaw the most critical evidence, then clearly it pointed. That was his dear friend who Russia case before he decided to seal it.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.120 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8589 Mr. BIGGS. Mr. Speaker, I thank the high speaking fees. He kind of brushed and it suddenly changed from being gentleman from Texas, my friend, for it off with a laugh and said: Well, there friendly to the United States to trying his leadership on this issue. I appre- are people who like to hear me speak. to cause us harm. ciate his giving his remarks tonight. Fordham University professor Zephyr The fact is the United States did not Mr. Speaker, may I inquire how Teachout, a highly regarded law pro- remain vigilant. Our foreign policy suf- much time is remaining. fessor who has written extensively fered. We ignored the fact that Russian The SPEAKER pro tempore (Mr. about political corruption—and she is a interests and goals are not our inter- SMUCKER). The gentleman from Ari- Democrat—said: ests and goals. Nothing demonstrates zona has 13 minutes remaining. As a Democrat, I am concerned about Hil- this more than the Uranium One case. Mr. BIGGS. Mr. Speaker, I yield to lary Clinton as a general election candidate. In 2010, the Committee on Foreign In- the gentleman from Florida (Mr. These questions aren’t going away. There is vestments of the United States ap- YOHO). a pattern of foreign donations and speaking proved a partial sale, as you have heard Mr. YOHO. Mr. Speaker, I thank Mr. fees that the Clinton Foundation and her this evening, of a Canadian company to husband have found their ways to the Clin- BIGGS for putting this very important the Russian-owned nuclear giant ton Foundation. hearing together. I am going to cut Bill Clinton made 13 speeches between 2001 Rosatom. We have heard about all of mine a little bit shorter. and 2012 in which he was paid $500,000 or this. One-fifth of our uranium capacity After the previous election, a lot of more. The interesting part is 11 of those gone. people were angry. They came to our speeches were made after Hillary Clinton be- In the United States, we have been office demanding special investigations came Secretary of State—pay to play. long aware of the fact that the Russian into the Trump campaign and the Rus- Why did the Clinton Foundation change its Government’s request is, among other sia probe. I forewarned them then, and name to the Bill, Hillary, and Chelsea Clin- things, to control the production of en- I will make this prediction now: that if ton Foundation? It is surmised that it was because the pub- ergy, both at home and in other na- it goes there and it leads to the pre- lic and large corporation donors backed tions, and then use that energy as a vious administration or Hillary Clin- away from the questionable, if not unethical, source of leverage during conflicts. ton, are you willing to go down that and possibly illegal activities. Furthermore, striking information rabbit hole? I just want to speak as an American. has been uncovered that Federal agents Here we are today. I think we need to We come up here from different back- used a confidential U.S. witness work- follow this because it has led to that. grounds. I see people who are here to- ing inside the Russian nuclear industry Without going too much into all the night who spoke tonight all from dif- to gather extensive evidence that stuff that has already been said, we can ferent backgrounds. The thing we hear showed Moscow had compromised an talk about how the Obama administra- about over and over again is that we American uranium trucking firm with tion approved the sale of the Canadian want transparency and accountability. bribes and kickbacks, all, of course, in mining company with significant U.S. We demand that, but we never see it. violation of the law. uranium reserves to a firm owned by a So as these investigations go forward, Rather than bringing these charges Russian Government. The NRC, the my hope is that there is a conclusion up, however, the FBI kept this secret. Nuclear Regulatory Commission, as- to an investigation and that the people They didn’t tell anyone about it for 4 sured Congress and the public the new who broke the law are held accountable years. That is unacceptable. We need to owners could not export any raw nu- so that we don’t have to talk about an- know why the FBI didn’t share this in- clear material from the American other investigation that spends the formation. Why was this crucial infor- shores. No uranium produced at either American taxpayers’ money without mation about Russia’s actions in our facility may be exported, the NRC de- somebody paying the price for mis- nuclear energy sector not shared? This clared November 2010 in a press release. representing the American people and is absolutely unacceptable. We found out that is not true. turning over strategic products of this Then, as we have been hearing to- As has been brought up, over 20 per- country—uranium in this case—to a night, we have the cases where Russian cent of our uranium is going into the foreign entity that doesn’t want the officials spent millions of dollars to hands of Russia. Beyond the mines in best for America. benefit former President Bill Clinton’s Kazakhstan, which are among the most Mr. Speaker, I appreciate the gen- charitable family foundation while Hil- lucrative in the world, the sale gave tleman from Arizona for putting this lary was Secretary of State. Russia control of one-fifth of all ura- on and leading this. These are all extremely serious alle- nium production capacity in the U.S. Mr. BIGGS. Mr. Speaker, I appreciate gations, and it is absolutely our re- Since uranium is considered a stra- the gentleman being here and speaking sponsibility to investigate them. There tegic asset with implications for na- tonight. was a fundamental conflict of interest tional security, the deal had to be ap- Mr. Speaker, I yield to the gentleman here, and I think you would have to be proved by a committee composed of from Georgia (Mr. JODY B. HICE), my blind not to recognize that. Our Sec- representatives from a number of good friend who has been waiting like retary of State was making decisions United States Government agencies. patience on a monument. that impacted the entire world while, Among those agencies that eventually Mr. JODY B. HICE of Georgia. Mr. at the same time, receiving massive signed off was the State Department, Speaker, I would like to thank my amounts of money from foreign dona- then headed by Mrs. Clinton. Frank good friend from Arizona for holding tions. Giustra, a mining financier, has do- this Special Order. What an incredibly As the Russians assumed control of nated $31.3 million to the foundation important issue. Uranium One, the company’s chairman run by former President Bill Clinton. Over the past year, we have heard was giving tons of money to the Clin- As the Russians gradually assumed nearly on a daily basis accusations of ton Foundation. Of course, none of this control of the Uranium One in three what Russia tries to do to undermine was disclosed as it was supposed to be. separate transactions from 2009 to 2013, the United States. I think most of my So from what we know, the decision Canadian records show how a flow of colleagues would agree that Russia’s to allow the Clinton Foundation to cash made its way into the Clinton actions over the past 2 years, which in- continue soliciting foreign donations Foundation. We could go on and on clude everything from cyber attacks to was, at best, naive, if not criminal. about this. supporting Assad’s bloody regime in This seems to be a pattern of the pre- Shortly after the Russians an- Syria, all of it demonstrates that their vious administration. It is absolute nounced their intention to acquire the intention is to disrupt the stability cluelessness and self-interest, at best, majority stake in Uranium One, Mr. both of the United States and the en- perhaps even worse than that. It is Clinton received $500,000 from a Mos- tire world. hardly surprising that Russia believed cow speech from a Russian investment it could pull the wool over our eyes bank with links to the Kremlin that b 1945 with impunity and increased its mali- was promoting Uranium One stock. But here is the deal: none of this hap- cious behavior. Very interesting. I remember when pened overnight. No one in Russia I look forward to this investigation President Clinton was asked about his flipped a switch on their foreign policy going forward, and I thank my friend

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.123 H07NOPT1 H8590 CONGRESSIONAL RECORD — HOUSE November 7, 2017 from Arizona for having this Special lican colleagues are so adamant in pur- The President, Mr. ROSS, the Treas- Order. suing Russian influence and, perhaps, ury Secretary, maybe the Education Mr. BIGGS. Mr. Speaker, I thank my controversial influence in the United Secretary, maybe others. friend from Georgia. States. I am pleased that they are So who is going to benefit from this? Mr. Speaker, how much time is re- doing that. The superwealthy, to the tune of mil- maining? I am also pleased that Mr. Mueller is lions upon millions or hundreds of mil- The SPEAKER pro tempore. The gen- continuing his investigations. I will lions of dollars of the estate tax itself. tleman has 4 minutes remaining. note that there have been two indict- There is much more to that. Amer- Mr. BIGGS. Mr. Speaker, I will do my ments and one guilty plea that have al- ican corporations would see their top best to sum up. ready come forth from his investiga- rating from 39 down to 20. Who is going What you have heard tonight, those tion having to do with people that are to benefit from that? who have been listening, are the out- very, very close to President Trump’s Well, we heard the Treasury Sec- lines of the scandal of our lifetime—the administration. retary say the American workers will. scandal of our lifetime that began in More will come of that, and I cer- Where is the evidence for that? 2009 and proceeded forth even to revela- tainly hope our Republican friends will There is no evidence for that, none at tions in the last 36 hours of Mr. Comey continue to focus on the fact that Rus- all; in fact, quite the contrary. The changing the wording in his draft from sia is playing very serious and, quite Treasury Department’s own tax anal- the statutory culpable mental state re- possibly, illegal games or activities ysis section says that 70 percent of the quirement of gross negligence to mere- here in the United States. after-profit taxes now go to, guess who. ly carelessness. We will carry on. I firmly believe Stockholders and executives, not to That is a huge change as he prepared that Mr. Mueller is not about to resign the workers. his draft report on Mrs. Clinton and or be fired. If he were to be fired, I It used to be that way back in the the misuse of her email server giving would suspect that there would be far sixties and seventies. Maybe 70 percent access—which we don’t even know. We more serious consequences than the went to the workers, went to increas- don’t have access to that. But you take kind of yapping we just heard for the ing plants and equipment, investments this back from the Uranium One situa- last hour here on the floor. in the United States. It is not that way tion, the transaction that should never Let me go back to my original point, anymore. Quite the contrary. The have happened, the money that which has to do with tax policy. As in- American workers will be left behind changed hands, and you look at the teresting as Russia might be, tax pol- once again by those tax reductions. common thread throughout. icy is going to be far, far more con- That is not to say we shouldn’t re- Well, oddly enough, it is Robert sequential in the long term. Whatever duce the nominal tax rate for corpora- Mueller. Robert Mueller sits today as comes of the Russian situation in the tions. Yes, we should, but we should do the investigator of the supposed collu- election and conspiracies or other it in a way that actually helps Amer- sion between the Trump administra- kinds of conflicts will bear themselves ican workers. It keeps investments in tion and the Russians to influence the out over the next several years or the United States. But, no, not this tax election. months. Tax policy, however, is some- proposal. This one actually creates Oddly enough, it has turned on its thing that America is going to live what is called territorial accounting head. We have found out now that it is with for a long, long time, were it to for international corporations. the DNC and the Hillary Clinton cam- pass. Let’s suppose that you have an inter- paign that was funding Fusion GPS, There are many things we could say national corporation located in Silicon trying to influence the American elec- about it. One is that, yes, the top 1 per- Valley. We have some really big ones torate. It is upside down. cent of America’s wealthiest people— there. Territorial taxes would be that Yet the person who is tied through- you take 360 million of us Americans all of the earnings that that corpora- out all of this is Robert Mueller. He is and take the top 1 percent—are going tion has outside of the United States the guy conducting the investigation. to get 50 percent of all of the tax cuts would be beyond being taxed by the Is there any clearer conflict of interest that are in this multitrillion-dollar tax United States, even though it is an than what we see in this special inves- cut legislation. American corporation that can manip- tigator? So a trillion and a half dollars over ulate the price of its goods and services Again, with my colleagues—I thank the next 10 years to the top 1 percent to actually push, overseas, its profits. all of them who have spoken tonight— ought to really drive up that problem Brilliant. I renew my call for his resignation, that we call income disparity in the You want to bring jobs back to short of that, his termination of em- United States, you know, what we used America? Don’t do territorial tax re- ployment. to talk about: the rich get richer and form. It doesn’t work for the American This is the scandal of our time. It af- the poor get poorer, or that America worker. It works for the stockholders. fects our national security, the views has a real problem with the super- Their stocks and stock prices will go of the American people for justice, and wealthy controlling most of the wealth up. They will be able to receive even our elections. and the rest of Americans really left more benefits. Mr. Speaker, I yield back the balance behind. That is only $3 trillion over 10 years of my time. So this tax bill is going to make it of reduction for corporation taxes. f even worse. Now, that is really good. Who benefits? How does it do that? Wall Street corporate executives. TAX POLICY Well, let’s see. By eliminating the es- Who loses? The SPEAKER pro tempore. Under tate tax. Yes, five members of Presi- The American worker loses. the Speaker’s announced policy of Jan- dent Trump’s Cabinet, including the One more thing that is on my mind is uary 3, 2017, the gentleman from Cali- President, would benefit in the billions. that I used to hear last year, the year fornia (Mr. GARAMENDI) is recognized You see, the estate tax would be elimi- before last, the year before that—in for 60 minutes as the designee of the nated in just 4 years, about the same fact, for the last two decades—a lot of minority leader. time they would be leaving the admin- talk from about more than half of the Mr. GARAMENDI. Mr. Speaker, I istration. Members of this House of Representa- came here to talk about tax policy, and What does that mean? tives who would talk about the hor- I will; however, having listened for the Well, if you have a billion-dollar es- rible impact of the American deficit last 60 minutes to the most remarkable tate and there is a tax on that, you can and that it would lead to ruin for the admission that Russia is meddling in eliminate the first $10 million, $11 mil- American economy, our grandchildren America in many, many ways, even an lion of that, but you have a 40 percent would be left to pay it off, and all the admission that Russia somehow wants tax on the remainder. Well, that is horrible things that the deficit would to influence America’s elections—in about $400 million in estate tax. bring to the United States, ultimately this case, America’s elections for the Who would have a billion-dollar es- leading to the collapse of the American last year—I am pleased that my Repub- tate? economy.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.124 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8591 Well, there is some truth in that. The So I asked my staff: Give me some an awful thing for an economy when hyperbole was a little bit more than numbers. Don’t we have what we know you continue to skew the American necessary, but, indeed, it is a problem as a structural deficit built into the economy to the superwealthy and leave to see our deficit ever increasing. budget of the United States tax reve- behind the American worker, the Every now and then, we come up nues significantly lower than the ex- American family struggling to do bet- against the debt limit, and, oh, my penditures, and therefore we have this ter, struggling to have a better oppor- goodness, the debate that took place structural deficit? Show me what those tunity for their children in school, a here: We have got to stop it. We have numbers are. better road or a better bus or a better got to stop deficit financing. We have So they did, and here they are. train on which to travel, a better got to bring our budget back into bal- Structural deficit, 2018, the struc- transportation system. ance. tural deficit is $567 billion. That is half So here we are. Here we are in the Not a bad idea. In fact, it is the right a trillion. That is the structural deficit House of Representatives debating in thing to do. And, by the way, it was ac- that exists today without any of this committee today how to make the def- tually done during the Clinton admin- discussion about tax cuts. icit worse, how to increase the struc- istration. Next year, 2019, it is expected to be tural deficit over the next 10 years, For 2 years, almost 3 years, the $689 billion, two-thirds of $1 trillion in how to literally run this country into American Federal Government ran a 1 year—in 1 year. bankruptcy. surplus, and it was estimated that in And it goes on. No, we are not going to go bankrupt, the 2000 to 2010 period, if that surplus The structural deficit in 2020, $775 but what we will do, we will terminate were to continue, it might lead to a billion. That is the ongoing structural key programs as we struggle to find significant and troublesome reduction deficit in the Federal budget: revenue ways of balancing the budget with so in the American debt. That is a com- received, expenditures—expenditures little Federal revenue available to us plex question as to why that would be $775 billion more than the revenue in as a result of these tax cuts. I could troublesome, but, nonetheless, it was 2020. probably go on for an hour and just said. This isn’t talking about the new tax work myself into a rage about the lost cuts that are being discussed now here b 2000 opportunity. in Congress. We Democrats have proposed a better So what happened? And so it goes. solution, a better way to deal with the George W. Bush came in, cut taxes, In 2022, it is $1 trillion annual struc- tax policies, one that actually provides decided we would go to war, first war tural deficit. benefits to the working families of ever in America’s history that was not So what does this tax cut mean? America, who, as our Republican financed by taxes but by borrowing, Oh, it is only $1.4 trillion or $1.5 tril- friends like to say, sit around the mostly from China, and the deficit lion over a 10-year period, but that is kitchen table and worry about their began to explode. And then there was on top of the existing structural def- debts. Yes, indeed, they do. They worry the great collapse in 2008, and the def- icit. about it. We have a better way of pro- icit went right through the roof. So here you have it. This year, the viding for the infrastructure, a better So we have been living, since that existing structural deficit before any way of providing for our national secu- time of the George W. Bush tax cuts tax cuts, we are talking about $563 bil- rity, our education, and on and on. with a deficit, a structural deficit that lion. Added to that, as a result of the The architect of those programs that has not been solved despite all the Republican Ryan-McConnell-Trump lay out a better way for the American rhetoric from the deficit hawks. tax cuts, we are adding $114 billion on economy and the American worker and Now, I guess the deficit hawks, like top of $563 billion so that the struc- the American family is with us here to- the Canadian geese, have somehow mi- tural deficit, should this new tax cut night, our minority leader, Ms. PELOSI. grated to the far south of Washington, ever come into place, will be $677 bil- Mr. Speaker, I yield to the gentle- D.C., because I don’t hear any around lion—not millions, billions. woman from California (Ms. PELOSI). here today. They have migrated some- Over the next 10 years, by the end of Ms. PELOSI. Mr. Speaker, I thank where far away from Washington. But the 10-year period, as that tax cut, this the gentleman for yielding. what I hear from those previous folks new tax cut goes into effect, with the I accept his compliment on behalf of that called themselves deficit hawks is addition adding to the existing struc- the House Democratic Caucus, which that they want to drive up the Amer- tural deficit, in the year 2027, 10 years really developed the better deal. It ican deficit, that they have a proposal from now, you can expect a $1.6 trillion sprang from our membership, with con- to actually increase the American def- structural deficit. sensus based on our values that keep us icit. This is a problem. It is a problem united for America’s working families. Oh, wonderful, they say, not to that is made even worse—even worse— That is the unifying factor in our worry. We can increase the deficit by by the fact that the benefit of the tax Democratic Caucus in the House. well over $1.5 trillion in the next dec- cut does not go to economic growth, Mr. GARAMENDI, I thank you for your ade and it will be lovely. We will create but quite the contrary. It does not go diligence in always coming to the floor more jobs. to the working men and women, the and speaking truth about the numbers, I am going: Excuse me. I must have middle class of America who really do about what they mean to America’s fu- missed something in this debate. You need to have a better way, better ture, and also about making it in just said a year ago that those deficits wages, more money in their pockets, a America. So much of that is violated would somehow create a calamity for better living, a better ability to take by what the Republicans have put the American economy, that we would care of their family and their children, forth. lose jobs, we would lose our competi- a better education, a better oppor- I thank you for starting with the tiveness, that we would come to ruin, tunity, and a better infrastructure. No. budget, because a budget should be a and now you are telling me I shouldn’t No. None of that will happen. Instead, statement of national values. What is worry about a $1.5 trillion increase in what will happen as a result of the Re- important to us as a nation should be the deficit over the next decade? publican tax cut is that the wealthy reflected in how we allocate our re- Wow, how does that work? How does will get wealthier. sources. That is how we Democrats that happen? Remember this: 50 percent of all of have always thought of it and acted I want to share something with you. the tax cut benefits—and we are talk- upon it. I became—trying to understand what ing trillions here, as much as $3 trillion That is not what is present in the Re- this was all about, how could it be 6 over a 10-year period. Fifty percent of publican budget on which these taxes months ago or a year ago they were that will go to the top 1 percent of are predicated. deficit hawks and they had to do away Americans. We are talking the super- Would it be a statement of your val- with the deficit and now they want to wealthy here. ues to take $1.5 trillion from Medicare increase the deficit? What is this all That is not a better way. That is an and Medicaid and give a $1.5 trillion about? awful way to run a government. That is tax cut to corporate America while, at

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.126 H07NOPT1 H8592 CONGRESSIONAL RECORD — HOUSE November 7, 2017 the same time, saying to working fami- enormously to our balance in trade, MIMI WALTERS, how does she explain lies you are going to have to pay what whether it is agriculture from your to her constituents, tens of thousands little—hit them on their deduction on area, innovation, entertainment, what- of them, that they will be paying thou- SALT, the State and local taxes, and ever it is. California is a big producer sands of dollars more in taxes? Why? rubbing salt in the wound by saying of favorable balance of trade for Amer- To give a tax break to the top 2 per- that corporations don’t have that de- ica. cent: 80 percent of the tax break goes duction taken away from them and, at Without California and without the to the top 2 percent, 50 percent of it the same time, in this tax plan, mak- industries that it has spread through- goes to the top 1 percent, $1.5 trillion ing it advantageous for corporations to out the country, we would be in an goes to corporate America. send jobs overseas by having them pay even worse trade situation than we are DANA ROHRABACHER, the same thing, a lower tax for a factory they set up now for all the giveaways that the Re- tens of thousands of people will be pay- abroad than they would pay in the publicans are giving in the trade issue. ing thousands of dollars more. United States? But let me just talk about this and DARRELL ISSA. Hopefully DARRELL It is just not right. It is just not fair. what it means to people in their homes won’t vote for this. Hopefully some of You have been a champion, along at their kitchen table when they are these constituents will make sure that with Mr. HOYER, on making it in Amer- trying to pay the bills, establish their their Member of Congress knows that ica. Again, this tax proposal that the own priorities, make ends meet. they see what is happening. DARRELL Republicans are putting forth does vio- It is shocking, Mr. Speaker, it is ab- ISSA, well over 100,000 constituents lence to all of that. solutely shocking that 14 of our col- paying thousands of dollars more. And thank you for pointing out the leagues from California voted for a DUNCAN HUNTER, the same thing, structural nature of what they are budget, and now many of them are pro- around the same number. Well over doing to the budget. The Republicans, posing to vote for a tax bill, that will 100,000—well over 150,000 paying thou- our colleagues, are supposed to be def- hurt their constituents to the tune of sands of dollars more. That represents icit hawks. We agree that we must pay tens of thousands of their constituents. about a third of his district. as you go. That has been our modus DOUG LAMALFA, the First District of But, as I said before, to rub salt in operandi until the Republicans came California, around 100,000 households in the wounds, while they are saying to along and removed that: You want his district claim the SALT deduction their constituents, ‘‘You are going to something? Pay as you go. to the tune of thousands of dollars, and pay more because we are taking away Republicans contend to be deficit they will lose that. your deduction,’’ they are saying to hawks, but that must be an endangered TOM MCCLINTOCK, around 100,000 or corporate America, ‘‘Your deductions species because none of them seem to more claimed the deduction, and that for State and local taxes you keep.’’ It recognize or acknowledge the damage is 36 percent of the households in his is just remarkable. they are doing to our fiscal soundness district, and they will lose thousands Mr. GARAMENDI. Madam Leader, if as we go out not just in the first 10 of dollars. I might, you said SALT. It is like real- years, which is damaging enough and How does PAUL COOK explain to his ly pouring salt on a wound. But SALT structurally horrible enough, but in constituents, 57,000 of them who have is State and local taxes. the following 10 years. And we in Con- claimed the deduction, that he is going So for California, New Jersey, New gress, when we make proposals that to cost them thousands of dollars by York, Illinois, and other States that have a budget impact, have to account increasing their tax bill? have big populations, they collect this for not only the first 10 years, but the revenue, and it cannot be deducted. b 2015 second 10 years. The numbers you have, I understand Mr. Speaker, in the second 10 years, JEFF DENHAM, he is really going to those came from the Department of the the horror of what the Republican tax have to explain it very hard to a large Treasury and the IRS. bill does to the budget is a hem- percentage of his constituents as to Ms. PELOSI. And I underestimated orrhaging—a hemorrhaging. This tax how he is increasing their tax bill by them because I know they would ques- bill, when Members vote for it, if they thousands of dollars. tion them, so I gave a conservative do, will be an assault on our children’s DAVID VALADAO, tens of thousands of view. It is worse. future. It is not only fiscally unsound, his constituents will get the bad news But you bring up the State and local, it is morally ungrounded because it if he insists on voting for this bill, what SALT means, State and local says to our children and, in my case, which will cost them thousands of dol- taxes. The State and localities, did you our grandchildren: You are going to lars. see there is a letter—I don’t have it have to pay the bill. DEVIN NUNES, tens of thousands of his right here—from the mayors of scores The sad part of it is it has an impact constituents will pay the price for his of cities in California asking the Mem- on the budget. It comes back and says, lack of courage in a vote to go down bers of Congress not to vote for this be- well, we have so much deficit and so the line with the Republicans to give a cause of the provision that is in there much debt service, so much interest on tax break to the wealthiest corporate that undermines their ability to ad- the national debt, we are now going to America at the expense of their con- dress the education needs of their con- have to make further cuts in edu- stituents, a direct expense and cost to stituents, of the people in those towns cation, in research and development, in their constituents. and cities, the public safety issues? We all of the initiatives that produce inno- KEVIN MCCARTHY says to corporate had a firefighter come testify as to vation. America: We will give you $1.5 trillion what it means to public safety, to law Innovation begins in the classroom. tax cut, and guess who is paying for it? enforcement, to meeting the needs of They make an assault on the classroom Around over 100,000 of my constituents people so that they can learn, that in this tax bill. It is going to get worse to the tune of thousands of dollars. they can work, that they can raise when they try to pay for it. STEVE KNIGHT: Don’t worry, my con- their families, and to do so in a way Then, of course, it is fiscal engineer- stituents, we are giving the tax cut to that everyone pays his or her fair ing so that they can go after Medicare corporate America, $1.5 trillion, and we share. That is not the case here. and Medicaid, Social Security once are taking it out of your pocket, you So, again, it is a boon to the again. They have never really believed are paying more. megarich corporate special interest in Medicare. They say it should wither Sadly, ED ROYCE has the largest and a bust to the middle class. It also on the vine, and in this bill, they do vi- number of people who will be affected, is very harmful to small business. olence to it. close to 100,000 people, and they will be While the Republicans will say this is But let’s just talk about what this spending thousands of dollars more in good for the middle class, it is not. does to the State of California, my col- the taxes that they pay because of They give with one hand something league, because our Golden State, SALT. and take with another, so they can set which we are proud to represent, is a KEN CALVERT, the same thing, tens of the banquet table for the superrich cor- great economic resource to the Na- thousands paying thousands of dollars porate America and throw some tion—to the Nation. It contributes more. crumbs to the middle class and say:

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.128 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8593 Sucker. I am just telling it the way it the mayors. But their cities will suffer, licans accountable. But every one of is. and they know it. the Members who votes here is doing Instead, Democrats say: Let’s go to Just another point, because you an injustice to the ability of States and the table, let’s be respectful of each brought up process. I am not into proc- local governments to do their job. We other’s views, let’s have a clear objec- ess. This is about what does this mean are cutting taxes. Now you go raise tive debate on putting growth in the to America’s families. But because you them so you can get the job done. So it middle table—what creates growth for brought it up, it is important to know makes matters even worse when you our economy, generating good-paying that they don’t want people to know, see what else is there. jobs, not stagnated wages, good-paying and that is why their process is so be- Some of the cruelties that are in the jobs, and reduces the deficit, instead of hind closed doors. Their members bill, I mean, macrowise we know that taking us into a hemorrhaging state of didn’t even know what was in this until this is a big transfer of wealth from deficit in the years to come. a couple of days ago. middle class people to corporate Amer- That is part of what is now. If time Mr. GARAMENDI. You said it. I was ica and to the superrich. We know that allows, and after the gentleman says astounded that, during the first Special it is unfair to the middle class and will his remarks, I will go into some of the Order hour, there were about 12 mem- raise taxes on the middle class. It will specific ways in which cruelty is dem- bers of the Republican Party who came increase the deficit. It is a legacy as- onstrated in this budget. But right down here on some weird conspiracy sault on our children’s future. In addi- now, I just want to say this is a letter theory, and I am going: Wait a minute, tion, it deprives us opportunity cost to to the California delegation from 24 guys, why don’t you talk about your our budget in the near-term. cities with their seals at the top and tax bill; why don’t you sit up here and But there are some things in here the signature of their mayors, some of brag about all of the good things you that maybe are illustrative of the fact them Republican, who have asked not are doing on the tax bill? that this is not a statement of any- to pass a bill that has this provision in Apparently they want to hide. body’s values that you know. it. Ms. PELOSI. Every single one of Let’s talk about education for a mo- Mr. GARAMENDI. Madam Leader, them is voting to raise the taxes of ment. First of all, with all due respect, you raised a very important point their constituents. Mr. Speaker, one of the dumbest moves early on here about the way in which— And in California—not that they in this bill, with stiff competition, but I just heard you ask to reach out to Re- were from California—but the non- one of the dumbest moves in this bill is publicans to sit down and talk about partisan Institute on Taxation and the cut to education. Nothing brings how to structure a decent tax reform, Economic Policy estimates that 5.5 more money to the Treasury than in- not just a tax cut for the wealthy. million California taxpayers—that is vesting in education: early childhood, My understanding is the Republicans about a third of our taxpayers, and K–12, higher education, postgrad, life- have not even offered a moment—a sec- that is families, so that is many peo- time learning. And in this bill, they, of ond—to discuss these tax bills with any ple—will see an average tax increase of course, make an assault on education. of us, nor have they had even one hear- $4,180; 2.2 million of those receiving a For example, if you have a student ing on the most consequential eco- tax increase will have incomes of less loan, right now you have a $2,500 deduc- nomic policy that this Nation could than $110,000. tion for your interest payment on the put forward. Not a hearing at all, but Mr. GARAMENDI. That is middle-in- loan. Not in this bill. Make that zero. rushing out secretly. Today, I under- come. What? What did the middle class ever stand they had a markup, but no wit- Ms. PELOSI. So how can they say to do to the Republicans that they are nesses, other than someone to answer the middle class, this is for you? going to take away a deduction for in- questions as to the impact. Mr. GARAMENDI. You were laying terest on student loans when it is hard And there has been discussion about out, Madam Leader, our Republican enough to save up and pay for college? the past major tax cut of Ronald Rea- colleagues from California who seem to Next, now let’s just go down to grade gan’s in 1986, in which we heard that ignore or want to not even think about school. You are a teacher and you there were 2 years of hearings all the State and local tax deduction, and bring to school supplies for the class- around the Nation and, I guess, more also the mortgage interest deduction. room because your district is too poor than 30 hearings in Congress before Trying to find a house in California to afford all of the things that the chil- that major tax bill passed in 1986. But that is for less than $500,000 or $700,000 dren would like to have. Right now, now here we are rushing this huge is virtually impossible. Certainly in you get a tax deduction for what you monumental and very detrimental tax the bay area, much of southern Cali- bring to the classroom, but not in this bill through. fornia, and in the Sacramento region, bill. They have to take that away so Now, that is what I have heard, and I it is almost impossible. they can give a tax break to the am not in the leadership, but, as far as So by reducing that mortgage inter- superrich so that schoolteacher isn’t I know, they haven’t talked to you. est deduction, together with State and even compensated adequately, is sacri- Ms. PELOSI. No. Well, what you see local taxes, you are seriously increas- ficing her personal funds, gets a tax is they haven’t really talked to the ing the tax burden on homeowners and break, but they take it away because American people because they don’t on working men and women in Cali- the top 2 percent are desperate for want the American people to know fornia. their tax cut. But I don’t think they what is in this bill. You laid it out so very well. In the are. I have more faith in the people of You would think that at the time district directly to my south—Mr. our country to say: Let us pay our fair when the bill is being marked up in DENHAM’s district—101,000 of his con- share and let’s do what is right. committee, when they came to the stituents currently have a $7,982 aver- But the list goes on on the things floor instead of engaging in their con- age deduction for State and local taxes, about lifetime learning and employers spiracy theories, they would, instead, and for the mortgage interest. They being able to provide for the training of brag about what they are doing if they will lose that, and they will wind up workers: bye-bye. think it is right, but they are not. And paying somewhere between 25 to 30 per- Let me just tell you this one, since the reason is they are going so fast. cent on that lost deduction. So let’s we are talking about education and This is the speed of light, in the dark of say 25 percent of $8,000 is what, $2,000? children. In the bill, right now you get night, so that nobody knows until it is New taxes right there. a tax credit to help you with adopting too late, but we are going to make sure Ms. PELOSI. New taxes. a child. that everyone does. And we all want to encourage home- Let me correct my statement. I am ownership because it is putting down b 2030 not sure if any of the Republican may- roots. Building community is very im- Such a joy to a family. If you are ors signed this letter, but 24 mayors portant. But it is not just California, it adopting a child with special needs, a did. I see two prominent mayors lack- is across the country. tax credit. Not now. They have got to ing on here, and I guess the discipline We are speaking from our experience. take that tax credit away from you. of the Republican Party is extended to We are holding the California Repub- You don’t need it anymore because

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.129 H07NOPT1 H8594 CONGRESSIONAL RECORD — HOUSE November 7, 2017 they have got to give it to corporate the door to some very bad public poli- actually creates a structural deficit America. cies, in fact, public policies that would that will be virtually impossible for If your employer decides that their harm individual Americans as well as America to get out of, and all of the place of business wants to help you the American economy, and you were harm that will come by shifting enor- with adoption, they get a deduction for very passionate about it. You said that mous wealth to the men and women helping you with your adoption. Not about the budget, which passed the who already are the wealthiest ever in under this bill. Say good-bye to that. House only on Republican votes, no the last 400 years. The wealthy in Tax credit to the family adopting, Democrat votes. America have accumulated more tax deduction to the employer all gone Ms. PELOSI. And just barely. Just wealth in a smaller group than at any so they can give the top 1 percent of barely. time in the last 4 centuries dating back our country 50 percent of this benefit Mr. GARAMENDI. Yes. JEFF to the Spanish Crown in 1500 and 1600. at the cost of America’s working fami- DENHAM, Mr. MCCLINTOCK, and the That is bad economics, bad social pol- lies. other Republicans from California in- icy. That is what they are doing. If you have medical needs, since 1944, cluded. Thank you so very much for joining you could deduct medical expenses for Ms. PELOSI. All 14 California Repub- us tonight. extraordinary medical needs. Very im- licans, like lemmings to the sea, be- Ms. PELOSI. It was my pleasure. portant to America’s families. Not any- traying the economic security of their Mr. GARAMENDI. We are going to more. Say good-bye to that because we constituents’ families. drive this and make sure the American have got to take care of the superrich, Mr. GARAMENDI. You laid it out. public knows what is coming down. so the pressure is on you. You made it very, very clear that it Ms. PELOSI. I thank you, because The list goes on and on, but it gets would lead to a tax bill that would be one thing that we must make sure they personal. For families, it makes a dif- harmful. We had some ideas then what know is that this is not tax reform. It ference as to whether their children it would be, but we had no idea that it is not a tax cut unless you are in the can go to college. It makes a difference would be such a horrendous problem top 2 percent or a corporation. But if as to whether they can make ends meet for the American economy and particu- you are a middle class American or a with their medical expenses. It makes larly for the American workers and working family in our country, you are a difference if they don’t have their middle class. You laid that out very susceptible to an increase in what you State and local tax deduction. Again, well. pay in taxes. It is just not fair. this is across the country. We are You also laid out very, very clearly I thank Mr. GARAMENDI for his re- speaking from our California experi- that in that budget was the blueprint lentless leadership. ence. for the evisceration of programs that Mr. GARAMENDI. I thank you, It would take all night to go through Americans depend upon. You talked Madam Leader. the sins in this tax bill. I just wanted about Medicare and you talked about As I close, I will just say that this is to give you a touch of some of those Medicaid, of which 60 percent of Med- not the last of this debate. We are and how they directly impact Amer- icaid goes to seniors in nursing homes going to make sure that the American ica’s working families while they pro- across this Nation, and the potential public knows what is happening to fess that they are helping them. Not cut that would come to Medicare. them and what this Republican Con- true. You also talked about how it would, gress is doing to the American public. Then they say: Oh, it is going to pay as you just did, go after the education Mr. Speaker, I yield back the balance for itself. system, after research that we need for of my time. Never has, never has. Don’t take it medical research, and economics, and f from us. Bruce Bartlett, who is part of all of the sciences. You talked about this supply side economics leadership the infrastructure. LEAVE OF ABSENCE as well as the trickle-down economics, You laid out that that budget bill By unanimous consent, leave of ab- said: We never said it would pay for was the template. We are now seeing sence was granted to: itself. Anybody who says it does, it is that template come to reality on the Ms. ROYBAL-ALLARD (at the request not true. It is nonsense. floor of the House first with this tax of Ms. PELOSI) for today. He even went on to say it was BS, as cut. Probably within months, should f I am allowed to say on the floor of the this tax bill pass, we are going to see House in its initial form. the rest of what you told us to watch ADJOURNMENT These other things they say that just out for. Watch out for the cuts coming Mr. GARAMENDI. Mr. Speaker, I aren’t true—oh, they take the name of to Medicare, watch out for the cuts move that the House do now adjourn. Bill Bradley and Dick Gephardt in coming to Medicaid, to education, to The motion was agreed to; accord- vain, and even President Ronald infrastructure, to the things that ingly (at 8 o’clock and 38 minutes Reagan: Oh, this is what they did. Americans depend upon in their daily p.m.), under its previous order, the No, this isn’t what they did. They lives, the Meals on Wheels program, House adjourned until tomorrow, had over 400 people to testify, 30 hear- and then the supplemental nutrition Wednesday, November 8, 2017, at 10 ings over a period of a couple of years, programs. a.m. for morning-hour debate. and worked in a bipartisan way to iron Standing right here, I remember I f out so that it would have sustain- was in the back of the room here, and ability. That is the only way you get a I heard you speak about what would EXECUTIVE COMMUNICATIONS, good tax bill, is if it is bipartisan and happen if that budget bill passed the ETC. sustainable. House. It did. Now we are seeing the Under clause 2 of rule XIV, executive So, in any event, this is a moment of first step. There will be another step. communications were taken from the truth for the American people, and we They will come back after the Afford- Speaker’s table and referred as follows: want the truth to be known. able Care Act and medical care and all 3114. A letter from the Deputy Assistant Mr. Speaker, I thank the distin- of that. I wish you were wrong. Secretary, Bureau of Legislative Affairs, De- guished gentleman for calling the Spe- Ms. PELOSI. I do, too. partment of State, transmitting Transmittal cial Order. Mr. GARAMENDI. What you did No. DDTC 17-069, pursuant to the reporting Mr. GARAMENDI. Mr. Speaker, I standing here warning us, I wish you requirements of Section 36(c) of the Arms thank Madam Leader for joining us to- were wrong, but you are not. You are Export Control Act; to the Committee on night. absolutely correct. Now we are seeing Foreign Affairs. I remember here on the floor, when it play out here in secret without pub- 3115. A letter from the Deputy Assistant the debate occurred over the budget lic hearings. Secretary, Bureau of Legislative Affairs, De- partment of State, transmitting Transmittal that did pass the House of Representa- We are going to talk about this, and No. DDTC 17-038, pursuant to the reporting tives a couple of weeks ago, you spoke I hope the American people will hold requirements of Section 36(c) of the Arms eloquently on the floor about what this those accountable who vote for such a Export Control Act; to the Committee on budget would mean, that it would open horrendous economic policy, one that Foreign Affairs.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K07NO7.131 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8595 3116. A letter from the Deputy Assistant Services, Department of Health and Human Committee of the Whole House on the state Secretary, Bureau of Legislative Affairs, De- Services, transmitting the Department’s of the Union. partment of State, transmitting Transmittal Major final rule — Medicare Program; Revi- Mr. ROE of Tennessee: Committee on Vet- No. DDTC 17-040, pursuant to the reporting sions to Payment Policies under the Physi- erans’ Affairs. H.R. 3949. A bill to amend requirements of Section 36(c) of the Arms cian Fee Schedule and Other Revisions to title 38, United States Code, to provide for Export Control Act; to the Committee on Part B for CY 2018; Medicare Shared Savings the designation of State approving agencies Foreign Affairs. Program Requirements; and Medicare Diabe- for multi-State apprenticeship programs for 3117. A letter from the Deputy Assistant tes Prevention Program [CMS-1676-F] (RIN: purposes of the educational assistance pro- Secretary, Bureau of Legislative Affairs, De- 0938-AT02) received November 3, 2017, pursu- grams of the Department of Veterans Af- partment of State, transmitting Transmittal ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- fairs; with an amendment (Rept. 115–398). Re- No. DDTC 17-081, pursuant to the reporting 121, Sec. 251; (110 Stat. 868); jointly to the ferred to the Committee of the Whole House requirements of Section 36(c) of the Arms Committees on Energy and Commerce and on the state of the Union. Export Control Act; to the Committee on Ways and Means. Mr. ROE of Tennessee: Committee on Vet- Foreign Affairs. 3129. A letter from the Deputy Director, erans’ Affairs. H.R. 1900. A bill to designate 3118. A letter from the Deputy Assistant ODRM, Centers for Medicare and Medicaid the Veterans Memorial and Museum in Co- Secretary, Bureau of Legislative Affairs, De- Services, Department of Health and Human lumbus, Ohio, as the National Veterans Me- partment of State, transmitting Transmittal Services, transmitting the Department’s morial and Museum, and for other purposes; No. DDTC 17-059, pursuant to the reporting Major final rule — Medicare Program: Hos- with an amendment (Rept. 115–399, Pt. 1). Re- requirements of Section 36(c) of the Arms pital Outpatient Prospective Payment and ferred to the House Calendar. Export Control Act; to the Committee on Ambulatory Surgical Center Payment Sys- Mr. ROE of Tennessee: Committee on Vet- Foreign Affairs. tems and Quality Reporting Programs [CMS- erans’ Affairs. H.R. 4173. A bill to direct the 3119. A letter from the Deputy Assistant 1678-FC] (RIN: 0938-AT03) received November Secretary of Veterans Affairs to conduct a Secretary, Bureau of Legislative Affairs, De- 3, 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- study on the Veterans Crisis Line; with an partment of State, transmitting Transmittal lic Law 104-121, Sec. 251; (110 Stat. 868); joint- amendment (Rept. 115–400). Referred to the No. DDTC 17-072, pursuant to Section 36(d) of ly to the Committees on Energy and Com- Committee of the Whole House on the state the Arms Export Control Act; to the Com- merce and Ways and Means. of the Union. mittee on Foreign Affairs. 3130. A letter from the Administrator, En- Mr. BUCK: Committee on Rules. House 3120. A letter from the Deputy Assistant vironmental Protection Agency, transmit- Resolution 609. Resolution providing for con- Secretary, Bureau of Legislative Affairs, De- ting the Agency’s report entitled, ‘‘Mis- sideration of the bill (H.R. 2201) to amend the partment of State, transmitting Transmittal sissippi River/Gulf of Mexico Watershed Nu- Securities Act of 1933 to exempt certain No. DDTC 17-022, pursuant to Section 36(d) of trient Task Force: 2017 Report to Congress’’, micro-offerings from the registration re- the Arms Export Control Act; to the Com- pursuant to Sec. 604 of the Harmful Algal quirements of such Act, and for other pur- mittee on Foreign Affairs. Bloom and Hypoxia Research and Control poses (Rept. 115–401). Referred to the House 3121. A letter from the Deputy Assistant Amendments Act of 2014; jointly to the Com- Calendar. Secretary, Bureau of Legislative Affairs, De- mittees on Natural Resources and Science, DISCHARGE OF COMMITTEE partment of State, transmitting Transmittal Space, and Technology. No. DDTC 17-026, pursuant to Section 36(d) of Pursuant to clause 2 of rule XIII, the the Arms Export Control Act; to the Com- f Committee on Natural Resources dis- mittee on Foreign Affairs. REPORTS OF COMMITTEES ON charged from further consideration. 3122. A letter from the Deputy Assistant PUBLIC BILLS AND RESOLUTIONS H.R. 1900 referred to the Committee of Secretary, Bureau of Legislative Affairs, De- the Whole House on the state of the partment of State, transmitting Transmittal Under clause 2 of rule XIII, reports of Union. No. DDTC 17-061, pursuant to the reporting committees were delivered to the Clerk requirements of Section 36(c) and 36(d) of the for printing and reference to the proper Arms Export Control Act; to the Committee calendar, as follows: f on Foreign Affairs. Mr. ROE of Tennessee: Committee on Vet- 3123. A letter from the Deputy Assistant PUBLIC BILLS AND RESOLUTIONS Secretary, Bureau of Legislative Affairs, De- erans’ Affairs. H.R. 1133. A bill to amend partment of State, transmitting Transmittal title 38, United States Code, to authorize the Under clause 2 of rule XII, public No. DDTC 17-048, pursuant to the reporting Secretary of Veterans Affairs to provide for bills and resolutions of the following requirements of Section 36(c) and 36(d) of the an operation on a live donor for purposes of conducting a transplant procedure for a vet- titles were introduced and severally re- Arms Export Control Act; to the Committee ferred, as follows: on Foreign Affairs. eran, and for other purposes; with an amend- 3124. A letter from the Director, Office of ment (Rept. 115–393). Referred to the Com- By Mr. MACARTHUR: Management, Department of Energy, trans- mittee of the Whole House on the state of H.R. 4263. A bill to amend the Securities mitting the Department’s annual list of Gov- the Union. Act of 1933 with respect to small company ernment activities that are and are not in- Mr. ROE of Tennessee: Committee on Vet- capital formation, and for other purposes; to herently governmental in nature, pursuant erans’ Affairs. H.R. 2123. A bill to amend the Committee on Financial Services. to 31 U.S.C. 501 note; Public Law 105-270, Sec. title 38, United States Code, to improve the By Mr. BISHOP of Utah: 2(c)(1)(A); (112 Stat. 2382); to the Committee ability of health care professionals to treat H.R. 4264. A bill to direct the Secretary of on Oversight and Government Reform. veterans through the use of telemedicine, the Interior to convey certain Bureau of 3125. A letter from the Assistant General and for other purposes (Rept. 115–394). Re- Land Management land in Cache County, Counsel (GLER), Department of the Treas- ferred to the Committee of the Whole House Utah, to the City of Hyde Park for public ury, transmitting a notification of a va- on the state of the Union. purposes; to the Committee on Natural Re- cancy, designation of acting officer, nomina- Mr. ROE of Tennessee: Committee on Vet- sources. tion, and action on nomination, pursuant to erans’ Affairs. H.R. 2601. A bill to amend the By Ms. FOXX (for herself, Mr. DANNY 5 U.S.C. 3349(a); Public Law 105-277, 151(b); Veterans Access, Choice, and Accountability K. DAVIS of Illinois, Mr. GOODLATTE, (112 Stat. 2681-614); to the Committee on Act of 2014 to improve the access of veterans Mr. BLUMENAUER, Mr. DENT, Ms. Oversight and Government Reform. to organ transplants, and for other purposes; SPEIER, Mr. ROE of Tennessee, Mr. 3126. A letter from the Chairman, National with an amendment (Rept. 115–395). Referred RUSH, Mr. CHABOT, Mr. LIPINSKI, Mr. Credit Union Administration, transmitting to the Committee of the Whole House on the HENSARLING, Mr. GARAMENDI, Mr. the Administration’s Inspector General’s state of the Union. SHUSTER, Ms. KUSTER of New Hamp- semi-annual report for April 1, 2017, through Mr. ROE of Tennessee: Committee on Vet- shire, Mrs. BROOKS of Indiana, Mr. September 30, 2017, pursuant to Sec. 5(b) of erans’ Affairs. H.R. 3634. A bill to amend KIND, Mrs. BLACK, Mrs. BEATTY, Mr. the Inspector General Act of 1978, as amend- title 38, United States Code, to ensure that FRELINGHUYSEN, Mr. SCHNEIDER, Mr. ed; to the Committee on Oversight and Gov- individuals may access documentation BARLETTA, Mr. MEADOWS, Mr. ernment Reform. verifying the monthly house stipend paid to SMUCKER, Mr. LATTA, Mr. SENSEN- 3127. A letter from the Acting Under Sec- the individual under the Pose-9/11 Edu- BRENNER, Mr. GOHMERT, Mr. MASSIE, retary, Personnel and Readiness, Depart- cational Assistance Program of the Depart- Mr. COSTELLO of Pennsylvania, Mr. ment of Defense, transmitting the Depart- ment of Veterans Affairs (Rept. 115–396). Re- BANKS of Indiana, Mr. COLLINS of ment’s annual report concerning the Post-9/ ferred to the Committee of the Whole House Georgia, Mr. WOMACK, Mr. 11 Educational Assistance Program, pursu- on the state of the Union. DESJARLAIS, Mrs. WALORSKI, Mr. ant to 38 U.S.C. 3325(a)(1); Public Law 112-154, Mr. ROE of Tennessee: Committee on Vet- JOHNSON of Ohio, Mrs. BLACKBURN, Sec. 402(a)(1); (126 Stat. 1189); jointly to the erans’ Affairs. H.R. 3705. A bill to direct the Mr. ROTHFUS, Mr. BRAT, Mr. KELLY of Committees on Armed Services and Vet- Secretary of Veterans Affairs to require the Pennsylvania, Mr. JOYCE of Ohio, Mr. erans’ Affairs. use of certified mail ad plain language in FLEISCHMANN, Mr. FITZPATRICK, Ms. 3128. A letter from the Deputy Director, certain debt collection activities; with an SHEA-PORTER, Ms. SINEMA, and Mr. ODRM, Centers for Medicare and Medicaid amendment (Rept. 115–397). Referred to the STEWART):

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H.R. 4265. A bill to modernize the sugar By Ms. DEGETTE (for herself, Mr. GRI- H.R. 4281. A bill to amend the Securities program under the Federal Agriculture Im- JALVA, Mr. ENGEL, Ms. BONAMICI, Mr. Exchange Act of 1934 to expand access to provement and Reform Act of 1996, to pro- GARAMENDI, Mr. COHEN, Mr. BLU- capital for rural-area small businesses, and vide for the repeal of the feedstock flexi- MENAUER, and Ms. GABBARD): for other purposes; to the Committee on Fi- bility program for bioenergy producers under H.R. 4273. A bill to prohibit the sale or dis- nancial Services. the Farm Security and Rural Investment tribution of tobacco products to individuals By Mr. KING of New York (for himself, Act of 2002 and marketing allotments for under the age of 21; to the Committee on En- Mr. MCCAUL, Mr. PERRY, Mrs. COM- sugar under the Agricultural Adjustment ergy and Commerce. STOCK, and Mr. DONOVAN): Act of 1938, and for other purposes; to the By Mr. DESANTIS (for himself, Mr. H.R. 4282. A bill to amend the Homeland Committee on Agriculture, and in addition DUNN, Mr. MEADOWS, Mr. WALKER, Security Act of 2002 to direct the Director of to the Committee on Ways and Means, for a Mr. LABRADOR, Mr. PERRY, Mr. BRAT, the Office of Refugee Resettlements of the period to be subsequently determined by the Mr. YOHO, Mr. BUDD, Mr. NORMAN, Department of Health and Human Services Speaker, in each case for consideration of Mr. LOUDERMILK, Mr. WEBSTER of to establish additional procedures for mak- such provisions as fall within the jurisdic- Florida, Mr. FRANCIS ROONEY of Flor- ing placement determinations for all unac- tion of the committee concerned. ida, Mr. GOHMERT, Mr. PALAZZO, Mr. companied alien children who are in Federal By Mr. POLIQUIN (for himself and Ms. WEBER of Texas, Mr. FARENTHOLD, custody by reason of their immigration sta- PINGREE): and Mr. BUCK): tus, and for other purposes; to the Com- H.R. 4266. A bill to clarify the boundary of H.R. 4274. A bill to amend the Higher Edu- mittee on the Judiciary. Acadia National Park, and for other pur- cation Act of 1965 to provide for accredita- By Ms. KUSTER of New Hampshire (for poses; to the Committee on Natural Re- tion reform, to require institutions of higher herself and Mr. LANCE): sources. education to publish information regarding H.R. 4283. A bill to encourage States to re- By Mr. STIVERS (for himself, Mr. student success, to provide for fiscal ac- quire the installation of residential carbon SHERMAN, Mr. MCHENRY, and Ms. countability, and to provide for school ac- monoxide detectors in homes, and for other MOORE): countability for student loans; to the Com- purposes; to the Committee on Energy and H.R. 4267. A bill to amend the Investment mittee on Education and the Workforce. Commerce, and in addition to the Committee Company Act of 1940 to change certain re- on House Administration, for a period to be By Mr. DESAULNIER (for himself and quirements relating to the capital structure subsequently determined by the Speaker, in Mr. CARTER of Georgia): of business development companies, to direct H.R. 4275. A bill to provide for the develop- each case for consideration of such provi- the Securities and Exchange Commission to ment and dissemination of programs and ma- sions as fall within the jurisdiction of the revise certain rules relating to business de- committee concerned. terials for training pharmacists, health care velopment companies, and for other pur- By Mr. LATTA (for himself, Mr. providers, and patients on indicators that a poses; to the Committee on Financial Serv- MCKINLEY, Mr. BARTON, and Mr. prescription is fraudulent, forged, or other- ices. JOHNSON of Ohio): wise indicative of abuse or diversion, and for By Ms. JACKSON LEE (for herself, Mr. H.R. 4284. A bill to establish a Federal Co- other purposes; to the Committee on Energy CONYERS, Mrs. WATSON COLEMAN, Ms. ordinator within the Department of Health and Commerce. NORTON, Mr. RASKIN, Mr. LEWIS of and Human Services, and for other purposes; By Mrs. DINGELL: to the Committee on Energy and Commerce. Georgia, Ms. DELAURO, Mrs. LAW- H.R. 4276. A bill to amend the Help Amer- By Mr. LOBIONDO (for himself, Mr. RENCE, Mr. CLAY, Ms. JUDY CHU of ica Vote Act of 2002 to require voting sys- NORCROSS, Mr. MACARTHUR, Mr. California, Mr. TAKANO, Mr. tems used in elections for Federal office to SMITH of New Jersey, Mr. CICILLINE, and Mr. NADLER): produce a voter-verified, auditable paper H.R. 4268. A bill to amend title 18, United GOTTHEIMER, Mr. PALLONE, Mr. record of the votes cast in such elections, to States Code, to provide for a 7-day waiting LANCE, Mr. SIRES, Mr. PASCRELL, Mr. require State election officials to audit the period before a semiautomatic firearm, a si- PAYNE, Mr. FRELINGHUYSEN, and Mrs. results of such elections prior to certifying lencer, armor piercing ammunition, or a WATSON COLEMAN): large capacity ammunition magazine may be the results, to provide grants to States to H.R. 4285. A bill to designate the facility of transferred; to the Committee on the Judici- improve voting system security, and for the United States Postal Service located at ary. other purposes; to the Committee on House 123 Bridgeton Pike in Mullica Hill, New Jer- By Ms. SEWELL of Alabama (for her- Administration, and in addition to the Com- sey, as the ‘‘James C. ‘Billy’ Johnson Post self and Mr. DANNY K. DAVIS of Illi- mittee on Science, Space, and Technology, Office Building’’; to the Committee on Over- nois): for a period to be subsequently determined sight and Government Reform. H.R. 4269. A bill to amend the Internal Rev- by the Speaker, in each case for consider- By Mr. LOEBSACK: enue Code of 1986 to eliminate the school ation of such provisions as fall within the ju- H.R. 4286. A bill to direct the Secretary of voucher State tax credit loophole by lim- risdiction of the committee concerned. Labor to carry out a grant program for em- ´ iting the double benefit of charitable con- By Mr. GUTIERREZ (for himself and ployers to develop and carry out job training tributions; to the Committee on Ways and Mr. ESPAILLAT): programs for veterans; to the Committee on Means. H.R. 4277. A bill to ensure that the Federal Veterans’ Affairs. By Mr. BARR: share of the costs of certain assistance relat- By Mr. BEN RAY LUJA´ N of New Mex- H.R. 4270. A bill to amend the Federal Re- ing to Hurricanes Irma and Maria is 100 per- ico (for himself, Ms. CLARKE of New serve Act to ensure transparency in the con- cent, and for other purposes; to the Com- York, Mr. EVANS, Mr. KHANNA, Ms. duct of monetary policy, and for other pur- mittee on Transportation and Infrastruc- of New poses; to the Committee on Financial Serv- ture. Mexico, Mr. MCNERNEY, Mr. ices. By Mr. HILL: O’HALLERAN, Mr. POLIS, Mr. RUIZ, By Ms. JUDY CHU of California (for H.R. 4278. A bill to ensure that the oper- and Mr. RYAN of Ohio): herself, Mr. CONYERS, Ms. LOFGREN, ations of the Board of Governors of the Fed- H.R. 4287. A bill to establish a broadband Ms. LEE, Mrs. DINGELL, Ms. MENG, eral Reserve System remain independent infrastructure finance and innovation pro- Mrs. NAPOLITANO, and Ms. from the credit policy of the United States, gram to make available loans, loan guaran- HANABUSA): and for other purposes; to the Committee on tees, and lines of credit for the construction H.R. 4271. A bill to block the implementa- Financial Services. and deployment of broadband infrastructure, tion of certain presidential actions that re- By Mr. HOLLINGSWORTH: and for other purposes; to the Committee on strict individuals from certain countries H.R. 4279. A bill to direct the Securities Energy and Commerce. from entering the United States; to the Com- and Exchange Commission to revise any By Mr. MCCAUL (for himself and Mr. mittee on the Judiciary, and in addition to rules necessary to enable closed-end compa- PITTENGER): the Committees on Foreign Affairs, Home- nies to use the securities offering and proxy H.R. 4288. A bill to enhance the security of land Security, and Intelligence (Permanent rules that are available to other issuers of Taiwan and bolster its participation in the Select), for a period to be subsequently de- securities; to the Committee on Financial international community, and for other pur- termined by the Speaker, in each case for Services. poses; to the Committee on Foreign Affairs, consideration of such provisions as fall with- By Mr. KELLY of Mississippi: and in addition to the Committee on Armed in the jurisdiction of the committee con- H.R. 4280. A bill to provide for the sunset of Services, for a period to be subsequently de- cerned. rules one year after the date on which they termined by the Speaker, in each case for By Mr. CICILLINE (for himself, Mr. are finalized, and for other purposes; to the consideration of such provisions as fall with- CONYERS, Mr. CRIST, Mr. ENGEL, Mr. Committee on Oversight and Government in the jurisdiction of the committee con- EVANS, Mr. GOMEZ, Ms. JACKSON LEE, Reform, and in addition to the Committee on cerned. Ms. JAYAPAL, Mr. KHANNA, Ms. LEE, the Judiciary, for a period to be subse- By Mr. MOONEY of West Virginia (for and Ms. MCCOLLUM): quently determined by the Speaker, in each himself and Mr. BARR): H.R. 4272. A bill to include community case for consideration of such provisions as H.R. 4289. A bill to amend the Dodd-Frank partners and intermediaries in the planning fall within the jurisdiction of the committee Wall Street Reform and Consumer Protec- and delivery of education and related pro- concerned. tion Act to repeal certain disclosure require- grams, and for other purposes; to the Com- By Mr. KIHUEN (for himself and Mr. ments related to coal and mine safety; to the mittee on Education and the Workforce. MOONEY of West Virginia): Committee on Financial Services.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\L07NO7.100 H07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — HOUSE H8597 By Mr. QUIGLEY: Article 1 Section 8, Clause 18 United States, or in any Department or Offi- H.R. 4290. A bill to require the Attorney By Mr. BISHOP of Utah: cer thereof.’’), and the Tenth Amendment to General to study whether an individual’s his- H.R. 4264. the Constitution (‘‘The powers not delegated tory of domestic violence can be used to de- Congress has the power to enact this legis- to the United States by the Constitution, nor termine the likelihood of such individual lation pursuant to the following: prohibited by it to the States, are reserved committing a mass shooting; to the Com- Article IV, section 3 to the States respectively, or to the peo- mittee on the Judiciary. By Ms. FOXX: ple.’’). By Ms. STEFANIK: H.R. 4265. By Mr. DESAULNIER: H.R. 4291. A bill to utilize loans and loan Congress has the power to enact this legis- H.R. 4275. guarantees under the rural broadband access lation pursuant to the following: Congress has the power to enact this legis- program to provide broadband service for ag- Article I, Section 8, Clause 3: The Congress lation pursuant to the following: ricultural producers and to provide universal shall have Power to regulate Commerce with Article 1, Section 8, Clause 3 service support for installation charges for foreign Nations, and among the several By Mrs. DINGELL: broadband service for agricultural producers States, and with the Indian tribes. H.R. 4276. in order to improve precision farming and By Mr. POLIQUIN: Congress has the power to enact this legis- ranching, and for other purposes; to the H.R. 4266. lation pursuant to the following: Article 1 Section 8 Committee on Energy and Commerce, and in Congress has the power to enact this legis- By Mr. GUTIE´ RREZ: addition to the Committee on Agriculture, lation pursuant to the following: Article IV, Section 3, Clause 2: ‘‘The Con- H.R. 4277. for a period to be subsequently determined Congress has the power to enact this legis- gress shall have power to dispose of and by the Speaker, in each case for consider- lation pursuant to the following: ation of such provisions as fall within the ju- make all needful rules and regulations re- Article 1 Section 8 risdiction of the committee concerned. specting the territory or other property be- By Mr. HILL: By Mr. ZELDIN (for himself and Mrs. longing to the United States.’’ H.R. 4278. CAROLYN B. MALONEY of New York): By Mr. STIVERS: Congress has the power to enact this legis- H.R. 4292. A bill to reform the living will H.R. 4267. lation pursuant to the following : process under the Dodd-Frank Wall Street Congress has the power to enact this legis- Article I, Section 8, Clause 1 Reform and Consumer Protection Act; to the lation pursuant to the following: By Mr. HOLLINGSWORTH: Committee on Financial Services. Article I, Section 8, Clause 3. ‘‘To regulate H.R. 4279. By Mr. ZELDIN: Commerce with foreign Nations, and among Congress has the power to enact this legis- H.R. 4293. A bill to reform the Comprehen- the several States, and with the Indian lation pursuant to the following: sive Capital Analysis and Review process, Tribes.’’ Article 1, Section 8, Clause 18 the Dodd-Frank Act Stress Test process, and By Ms. JACKSON LEE: By Mr. KELLY of Mississippi: for other purposes; to the Committee on Fi- H.R. 4268. H.R. 4280. nancial Services. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. CROWLEY (for himself and Mr. lation pursuant to the following: lation pursuant to the following: This bill is enacted pursuant to the power CHABOT): This bill is enacted pursuant to the power H. Con. Res. 90. Concurrent resolution con- granted to Congress under Article I, Section granted Congress under Article I of the demning ethnic cleansing of the Rohingya 8, Clause 3 of the United States Constitution. United States Constitution, including the and calling for an end to the attacks in and By Ms. SEWELL of Alabama: power granted Congress under Article I, Sec- an immediate restoration of humanitarian H.R. 4269. tion 8, Clause 18, of the United States Con- access to the state of Rakhine in Burma; to Congress has the power to enact this legis- stitution, and the power granted to each the Committee on Foreign Affairs. lation pursuant to the following: House of Congress under Article I, Section 5, Clause 2, of the United States Constitution. By Mr. LEVIN (for himself, Ms. KAP- Article I, Section VIII, Clause I: The Con- By Mr. KIHUEN: TUR, Mr. FITZPATRICK, and Mr. HAR- gress shall have Power to lay and collect taxes, duties, imposts and excises, to pay the H.R. 4281. RIS): Congress has the power to enact this legis- H. Res. 608. A resolution expressing the debts and provide for the common defense and general welfare of the United States. lation pursuant to the following: sense of the House of Representatives that Article I, Section 8 of the United States the 85th anniversary of the Ukrainian Fam- By Mr. BARR: H.R. 4270. Constitution ine-Genocide of 1932-1933 (Holodomor) should By Mr. KING of New York: serve as a reminder of repressive Soviet poli- Congress has the power to enact this legis- lation pursuant to the following: H.R. 4282. cies against the people of Ukraine; to the Congress has the power to enact this legis- Committee on Foreign Affairs. (i.e. Article I , Section 8, Clause 3 and 5) By Ms. JUDY CHU of California: lation pursuant to the following: By Mr. ALLEN (for himself and Ms. Article I, Section 8, Clause 4—To establish H.R. 4271. ESTY of Connecticut): Congress has the power to enact this legis- a uniform rule of naturalization, and uni- H. Res. 610. A resolution expressing support form laws on the subject of bankruptcies for the designation of November 9, 2017, as lation pursuant to the following: Art. 1, Sec. 8 ‘‘The Congress shall have throughout the United States; and ‘‘National Diabetes Heart Health Awareness Article I, Section 8, Clause 18—To make all Power To lay and collect Taxes, Duties, Im- Day’’, coinciding with American Diabetes laws which shall be necessary and proper for posts and Excises, to pay the Debts and pro- Month; to the Committee on Energy and carrying into execution the foregoing pow- vide for the common Defence and general Commerce. ers, and all other powers vested by this Con- Welfare of the United States. ’’ By Ms. NORTON: stitution in the government of the United By Mr. CICILLINE: H. Res. 611. A resolution recognizing the States, or in any department or officer denial of full voting rights in Congress for H.R. 4272. Congress has the power to enact this legis- thereof. veterans and their families who are District lation pursuant to the following: By Ms. KUSTER of New Hampshire: of Columbia residents; to the Committee on H.R. 4283. Article I, Section 8 of the Constitution of Oversight and Government Reform, and in Congress has the power to enact this legis- the United States. addition to the Committee on Veterans’ Af- lation pursuant to the following: By Ms. DEGETTE: fairs, for a period to be subsequently deter- Article I, Section 8, Clause 1 (relating to H.R. 4273. mined by the Speaker, in each case for con- the power of Congress to provide for the gen- Congress has the power to enact this legis- sideration of such provisions as fall within eral welfare of the United States) and Clause lation pursuant to the following: the jurisdiction of the committee concerned. 18 (relating to the power to make all laws Article 1, Section 8, Clause 3 f necessary and proper for carrying out the By Mr. DESANTIS: powers vested in Congress) CONSTITUTIONAL AUTHORITY H.R. 4274. By Mr. LATTA: STATEMENT Congress has the power to enact this legis- H.R. 4284. lation pursuant to the following: Congress has the power to enact this legis- Pursuant to clause 7 of rule XII of Article I, Section 8, Clause 1 (‘‘The Con- lation pursuant to the following: the Rules of the House of Representa- gress shall have Power To lay and collect Article I, Section 8, Clause 3: Congress tives, the following statements are sub- Taxes, Duties, Imposts and Excises, to pay shall have the Power . . . ‘‘to regulate Com- mitted regarding the specific powers the Debts and provide for the common merce with foreign Nations, and among the granted to Congress in the Constitu- Defence and general Welfare of the United several States, and with the Indian tribes.’’ States; but all Duties, Imposts, and Excises tion to enact the accompanying bill or By Mr. LoBIONDO: shall be uniform throughout the United H.R. 4285. joint resolution. States.’’), Article I, Section 8, Clause 18 (‘‘To Congress has the power to enact this legis- By Mr. MACARTHUR: make all Laws which shall be necessary and lation pursuant to the following: H.R. 4263. proper for carrying into Execution the fore- Article 1, Section 8, Clause 7, ‘‘The Con- Congress has the power to enact this legis- going Powers, and all other Powers vested by gress shall have Power to . . . establish Post lation pursuant to the following: this Constitution in the Government of the Offices and Post Roads . . .’’

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\L07NO7.100 H07NOPT1 H8598 CONGRESSIONAL RECORD — HOUSE November 7, 2017

By Mr. LOEBSACK: H.R. 1133: Mr. MESSER. H.R. 3711: Mr. SMUCKER and Mr. COLE. H.R. 4286. H.R. 1136: Mr. WOODALL. H.R. 3738: Ms. PINGREE and Ms. SINEMA. Congress has the power to enact this legis- H.R. 1153: Mr. DUFFY. H.R. 3751: Mr. QUIGLEY. lation pursuant to the following: H.R. 1155: Mr. COLE. H.R. 3759: Mr. KRISHNAMOORTHI. H.R. 1164: Mr. JOYCE of Ohio. Article I, Section 8, Clause I of the Con- H.R. 3761: Mr. NOLAN. H.R. 1178: Mr. MEADOWS, Mr. PERRY, Mr. stitution H.R. 3767: Mrs. MURPHY of Florida and Mr. ´ BUCK, Mr. DUNCAN of South Carolina, Mr. By Mr. BEN RAY LUJAN of New Mex- COFFMAN. ico: YOHO, Mr. NORMAN, Mr. HARRIS, Mr. DAVID- H.R. 3780: Mr. ENGEL. H.R. 4287. SON, Mr. PALMER, Mr. ROKITA, and Mr. H.R. 3797: Mr. BIGGS. Congress has the power to enact this legis- PALAZZO. H.R. 3798: Mr. OLSON. lation pursuant to the following: H.R. 1276: Mr. POCAN. Article I, Section 8 H.R. 1357: Mr. COLLINS of New York. H.R. 3814: Mr. WEBER of Texas and Mr. OLIQUIN By Mr. MCCAUL: H.R. 1450: Mr. POSEY. P . H.R. 4288. H.R. 1478: Mr. LOEBSACK. H.R. 3828: Mr. JOHNSON of Georgia, Mr. Congress has the power to enact this legis- H.R. 1494: Mr. LEWIS of Georgia, Mr. BERA, PERLMUTTER, Ms. DELAURO, and Ms. KUSTER lation pursuant to the following: and Mr. DANNY K. DAVIS of Illinois. of New Hampshire. ´ Article 1 Section 8 H.R. 1498: Ms. SANCHEZ and Mr. RYAN of H.R. 3831: Mr. COLE. By Mr. MOONEY of West Virginia: Ohio. H.R. 3843: Mr. DONOVAN. H.R. 4289. H.R. 1552: Mr. BIGGS. H.R. 3887: Mr. CLAY and Mrs. COMSTOCK. Congress has the power to enact this legis- H.R. 1676: Mr. AGUILAR and Mr. MULLIN. H.R. 3928: Mr. ROE of Tennessee and Mr. lation pursuant to the following: H.R. 1817: Ms. SLAUGHTER and Mr. PERL- ABRAHAM. MUTTER. Article I, Section 8, Clause 18 (‘‘To make H.R. 3940: Mrs. HANDEL. H.R. 1828: Mr. POLIQUIN. all Laws which shall be necessary and proper H.R. 3983: Mr. EVANS. H.R. 1953: Mr. COSTELLO of Pennsylvania. for carrying into Execution the foregoing H.R. 4007: Mr. GROTHMAN and Mr. SHUSTER. H.R. 1987: Mr. PERLMUTTER and Mr. WELCH. Powers, and all other Powers vested by this H.R. 2076: Mr. TED LIEU of California. H.R. 4036: Mr. CARTER of Georgia. Constitution in the Government of the H.R. 2092: Mr. LONG. H.R. 4082: Ms. MENG. United States or in any Department or Offi- H.R. 2101: Mr. ALLEN. H.R. 4092: Mr. SMUCKER. cer thereof.’’). H.R. 2150: Mr. BRADY of Pennsylvania. H.R. 4114: Mr. AL GREEN of Texas. By Mr. QUIGLEY: H.R. 2152: Mr. MARINO. H.R. 4131: Mr. ROSS. H.R. 4290. H.R. 2198: Mr. PAYNE, Mrs. DINGELL, and H.R. 4143: Mr. POLIQUIN, Mr. AGUILAR, and Congress has the power to enact this legis- Mr. TIPTON. Mr. GOMEZ. lation pursuant to the following: H.R. 2436: Mr. POCAN and Mr. LARSEN of H.R. 4145: Ms. ESHOO. Article 1, Section 8 of the U.S. Constitu- Washington. H.R. 4155: Ms. MENG, Mr. HECK, Mr. tion H.R. 2452: Mrs. BUSTOS. TAKANO, Mr. QUIGLEY, Mrs. MIMI WALTERS of By Ms. STEFANIK: H.R. 2465: Mr. COMER. California, Mr. GALLEGO, Ms. FRANKEL of H.R. 4291. H.R. 2472: Mr. ROSKAM. Congress has the power to enact this legis- Florida, Mrs. TORRES, and Ms. TSONGAS. H.R. 2482: Mr. MARSHALL. H.R. 4173: Ms. GABBARD. lation pursuant to the following: H.R. 2584: Mrs. MIMI WALTERS of California H.R. 4184: Mr. DIAZ-BALART. Article 1, Section 8, of the Constitution of and Ms. BORDALLO. H.R. 4207: Mr. POLIQUIN and Mr. YODER. the United States of America. H.R. 2641: Ms. ESHOO and Ms. PLASKETT. H.R. 4223: Ms. JENKINS of Kansas. By Mr. ZELDIN: H.R. 2723: Mr. COLE. H.R. 4229: Mr. PAULSEN, Mr. DESJARLAIS, H.R. 4292. H.R. 2740: Ms. SLAUGHTER, Mr. CRAMER, Mr. Mr. HUDSON, Mrs. ROBY, and Mr. DENHAM. Congress has the power to enact this legis- SIMPSON, Mr. PAYNE, and Mr. LOEBSACK. lation pursuant to the following: H.R. 2759: Ms. MICHELLE LUJAN GRISHAM of H.R. 4232: Mr. O’HALLERAN, Mr. NOLAN, and Article 1, Section 8 of the United States New Mexico. Ms. PINGREE. Constitution. H.R. 2788: Mr. KHANNA. H.R. 4239: Mr. LAMBORN, Mrs. RADEWAGEN, By Mr. ZELDIN: H.R. 2800: Ms. SLAUGHTER. Mr. WEBER of Texas, and Mr. LAMALFA. H.R. 4293. H.R. 2851: Mr. ZELDIN and Mr. RUTHERFORD. H.R. 4240: Mr. WALZ, Mr. LIPINSKI, Mr. Congress has the power to enact this legis- H.R. 2858: Mr. FITZPATRICK. CUMMINGS, Mr. MICHAEL F. DOYLE of Penn- lation pursuant to the following: H.R. 2862: Mr. PETERS, Mr. KIND, Mr. HUN- sylvania, Mr. COURTNEY, Mr. MOULTON, Mr. Article 1, Section 8 of the United States TER, and Mr. THOMAS J. ROONEY of Florida. MCGOVERN, Mr. SARBANES, Ms. MICHELLE Constitution. H.R. 2925: Mr. DESAULNIER and Ms. MCCOL- LUJAN GRISHAM of New Mexico, Mr. f LUM. O’ROURKE, Mr. SMITH of Washington, Mrs. H.R. 2956: Mr. BIGGS. LAWRENCE, Mr. LARSEN of Washington, Mr. ADDITIONAL SPONSORS H.R. 3032: Mr. PERLMUTTER, Ms. JAYAPAL, SERRANO, Mr. LARSON of Connecticut, Mr. Under clause 7 of rule XII, sponsors and Mr. POLIQUIN. LANGEVIN, Mr. GOTTHEIMER, Mr. NOLAN, Mr. were added to public bills and resolu- H.R. 3107: Mr. RUSH and Mr. COLE. PALLONE, Ms. ROYBAL-ALLARD, Ms. MCCOL- H.R. 3124: Mr. COHEN and Ms. GABBARD. tions, as follows: LUM, Mr. SHERMAN, Mr. DELANEY, Mr. BEYER, H.R. 3160: Mr. CRIST, Mr. GONZALEZ of Mr. BLUMENAUER, Mr. LOEBSACK, Mr. RICH- H.R. 19: Mr. COSTELLO of Pennsylvania. Texas, Mr. ESPAILLAT, and Mr. COHEN. MOND, Mr. BRENDAN F. BOYLE of Pennsyl- H.R. 176: Mr. GAETZ, Mr. PERRY, and Mr. H.R. 3222: Ms. ADAMS, Mr. HECK, Ms. TITUS, vania, Ms. CLARK of Massachusetts, Ms. BIGGS. and Mr. DEUTCH. DEGETTE, Mr. MEEHAN, and Mrs. LOWEY. H.R. 535: Mr. GOHMERT. H.R. 3317: Ms. CLARK of Massachusetts. H.R. 4248: Mr. HOLLINGSWORTH. H.R. 559: Mr. MOONEY of West Virginia, Mr. H.R. 3345: Mrs. NAPOLITANO, Ms. NORTON, H.R. 4253: Mr. CONYERS, Mr. SERRANO, Mr. DAVIDSON, and Mr. KING of Iowa. Mr. SUOZZI, and Mr. RYAN of Ohio. CUMMINGS, Mrs. CAROLYN B. MALONEY of New H.R. 592: Mr. MOULTON. H.R. 3380: Ms. SPEIER. York, and Mr. QUIGLEY. H.R. 620: Mr. COMER, Mr. KNIGHT, Mr. COOK, H.R. 3444: Mr. POCAN, Mr. LOEBSACK, Mr. H.R. 4254: Mr. SMITH of Texas. Mr. COLE, Mr. MARINO, and Mr. BARTON. RYAN of Ohio, Mr. DEFAZIO, Ms. MOORE, Mr. H.J. Res. 65: Mr. LOWENTHAL. H.R. 632: Mr. PEARCE. MCGOVERN, Mr. VEASEY, Ms. ADAMS, Mr. H.J. Res. 120: Mr. BRENDAN F. BOYLE of H.R. 644: Mr. WEBER of Texas. BLUMENAUER, and Mr. EVANS. Pennsylvania. H.R. 747: Mrs. DEMINGS. H.R. 3447: Mr. PERLMUTTER and Mr. KIND. H. Con. Res. 59: Ms. MAXINE WATERS of H.R. 754: Ms. ADAMS and Mr. GONZALEZ of H.R. 3459: Mr. POCAN. California. Texas. H.R. 3530: Mr. BRAT. H. Res. 129: Mr. FRANCIS ROONEY of Florida. H.R. 785: Mr. HOLLINGSWORTH. H.R. 3596: Mr. RATCLIFFE, Mr. WEBSTER of H.R. 820: Ms. GABBARD, Mr. COLE, Mr. Florida, Mr. KING of Iowa, Mr. RUSSELL, Mr. H. Res. 161: Mr. NORCROSS. GRAVES of Georgia, Ms. HANABUSA, Mr. KELLY of Mississippi, Ms. KUSTER of New H. Res. 367: Ms. DEGETTE and Mr. ARRINGTON, Ms. MCSALLY, and Mr. HUIZENGA. Hampshire, Mr. RUSH, and Mr. BARLETTA. LOEBSACK. H.R. 843: Mr. LUETKEMEYER. H.R. 3642: Mr. KHANNA. H. Res. 495: Mr. POCAN. H.R. 846: Mr. MOONEY of West Virginia. H.R. 3664: Mr. CARSON of Indiana. H. Res. 564: Mr. BURGESS. H.R. 952: Mr. COFFMAN. H.R. 3681: Mr. RUSH, Mr. CARTWRIGHT, Mr. H. Res. 571: Mr. THOMPSON of California. H.R. 959: Mr. HECK. TAKANO, Mr. KHANNA, Mrs. DINGELL, Ms. H. Res. 604: Mr. LANCE, Mr. MOULTON, Mr. H.R. 1017: Mr. DAVID SCOTT of Georgia. SINEMA, Ms. LEE, Ms. JUDY CHU of California, FITZPATRICK, Ms. FRANKEL of Florida, Mr. H.R. 1094: Ms. BORDALLO, Mr. NOLAN, and Ms. LOFGREN, Mr. DELANEY, and Ms. ROYCE of California, and Ms. KUSTER of New Mr. KILDEE. HANABUSA. Hampshire.

VerDate Sep 11 2014 03:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A07NO7.053 H07NOPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, TUESDAY, NOVEMBER 7, 2017 No. 181 Senate The Senate met at 10 a.m. and was of very-well-qualified nominees in re- damage of the past 8 years. Now we called to order by the President pro cent days. This week, we are con- have the opportunity to build upon tempore (Mr. HATCH). tinuing our work to staff up the rest of that good work with the nomination of f the government as well. This is one of Mr. Robb. the Senate’s most important functions The NLRB’s General Counsel is re- PRAYER and one we take seriously. sponsible for investigating cases of un- The Chaplain, Dr. Barry C. Black, of- We are currently considering men fair labor practices and for advancing fered the following prayer: and women who have been nominated cases before the Board and its mem- Let us pray. to serve in many different roles at bers. Mr. Robb will fulfill these duties O God, our Father, help us this day many different agencies. The one thing under the aegis of a new Board major- to love and serve one another in ways they all share in common is this: They ity that is returning the NLRB to its that honor Your Name. are ready to get to work, and the soon- true mission once more. May our lawmakers manifest a cour- er we confirm them, the sooner they Labor policy is not simply some the- tesy that brings about constructive can get on the job for our country. oretical abstraction for Mr. Robb; he change. Grant our Senators a tolerance First, we will vote to confirm John knows what it means to work as a hos- so that they may not be quick to con- Gibson as Deputy Chief Management pital orderly or a construction worker, demn ideas that differ from their own. Officer at the Department of Defense. welder, truckdriver, forklift operator, Lord, give them such integrity so that He will be responsible for increasing ef- or highway sign maker because he him- their work may be their best whether ficiency throughout the Department’s self has worked in all of those jobs be- there is anyone to see it or not. business operations. fore. After law school, Robb gained val- uable experience in employment law. Bless and keep us all. Shine Your Afterward, the Senate will continue His previous leadership roles, including wisdom upon us, doing for us more its consideration of Steven Engel, who as an NLRB regional field attorney and than we can ask or imagine. will, as I discussed yesterday, serve as chief counsel to a Board member, con- We pray in Your great Name. Amen. the Deputy Attorney General in the tribute to making Robb an ideal can- f Department of Justice Office of Legal Counsel. didate to serve as the Board’s General PLEDGE OF ALLEGIANCE The next nomination we will consider Counsel. I look forward to voting to advance is that of Peter Robb to serve as the The President pro tempore led the this nomination, and I urge my col- General Counsel of the National Labor Pledge of Allegiance, as follows: leagues to join me in helping restore Relations Board. I pledge allegiance to the Flag of the the NLRB to the neutral umpire of For most of its 80-year existence, the United States of America, and to the Repub- labor disputes it was meant to be. lic for which it stands, one nation under God, NLRB has had the important responsi- indivisible, with liberty and justice for all. bility of supporting stable labor rela- f f tions by acting as a fair and impartial TAX REFORM umpire in the resolution of labor dis- Mr. MCCONNELL. Mr. President, on RECOGNITION OF THE MAJORITY putes. Unfortunately, that changed LEADER another matter, our complex Tax Code under the previous administration, is in desperate need of reform, and we The PRESIDING OFFICER (Mr. which wielded its Board majority as an now have a once-in-a-generation oppor- SASSE). The majority leader is recog- anti-worker political cudgel at the be- tunity to overhaul it. We all want an nized. hest of special interests and union economy that reaches for its full po- f bosses. Instead of the Board’s historic tential again. We all want to support commitment to impartially applying small businesses and the middle class. NOMINATIONS the law, the NLRB’s Obama-appointed Tax reform represents the single most Mr. MCCONNELL. Mr. President, as Democratic majority put forward poli- important action we can take today to we all know, the Senate has been quite cies that diminished the rights of em- advance goals such as these. busy. Legislatively, we have been hard ployees, hurt small businesses, and re- I have heard from many Kentuckians at work on everything from budgets, to warded entrenched political elites at calling out for relief from our outdated disaster relief, to consumer protec- the expense of workers and the middle and burdensome Tax Code. Listen to tions, to tax reform. class. this small business owner from Mur- On the nominations front, we have Thankfully, this Senate recently con- ray, KY, who wrote to my office about taken strong action to strengthen the firmed a new majority to the NLRB his struggles under our current Tax judiciary, including confirming a slate that is already beginning to undo the Code. This is what he said:

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 23:35 Nov 07, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.000 S07NOPT1 S7034 CONGRESSIONAL RECORD — SENATE November 7, 2017 I am writing to stress the importance of The PRESIDING OFFICER. The courage bigger families. What does tax reform for small businesses. As a small clerk will call the roll. that say? Ending the personal exemp- business owner, I have been saddle[d] with The senior assistant legislative clerk tion makes the Republican tax plan an tax burdens since I began my business over 8 proceeded to call the roll. anti-large family bill. years ago. Tax reform for small business and Mr. SCHUMER. Mr. President, I ask families need[s] to be done immediately [so] In many cases, the new benefits pro- we can have some economic hope once again. unanimous consent that the order for vided to the middle class are insuffi- the quorum call be rescinded. Small businesses just like this one cient to fill the gap created by the loss The PRESIDING OFFICER. Without of popular deductions, and, worse, are calling out for relief. So are fami- objection, it is so ordered. lies. So are middle-class workers all many of the benefits are temporary, across our country. Instead of better f expiring after several years. So while opportunities, our Tax Code gives them RECOGNITION OF THE MINORITY some in the middle class may get an a complicated web of schedules, deduc- LEADER initial tax break, down the line, the tions, and regulations, a byzantine sys- The PRESIDING OFFICER. The break disappears, and taxes start to go tem that is easy for the wealthy and Democratic leader is recognized. up. well-connected to exploit and impos- f As pointed out by David Kamin, a sible for almost anyone else to under- professor of tax law at NYU—and they REPUBLICAN TAX PLAN stand. It is time for a system that ac- have a great tax department, proudly tually helps the middle class succeed Mr. SCHUMER. Mr. President, later from New York—Republicans have re- and actually encourages small busi- this week, the House will begin mark- duced the value of middle-class tax nesses to grow, invest, and hire. ing up the Republican tax plan in breaks significantly over time. We want to help families plan for record speed, with no hearings, no real To meet their desires not to increase their future. We want to get the econ- discussion. Unfortunately, Senate Re- the deficit by too much—although $1.5 omy going again and growing again. publicans are mimicking the House in trillion is a heck of a lot—instead of re- Most of all, we want to take more trying to rush through their bill as ducing the tax breaks on the biggest money out of Washington’s pockets well. It is said, the Senate Republicans corporations or the very wealthiest, and put more money in the pockets of will unveil a plan of their own, al- they reduced them on the middle class. the middle class. To accomplish these though I don’t expect there to be that So in 5 years’ time, the $300/person goals, both the House and the Senate much difference between the two. family credit is gone. The child tax are continuing to move forward to de- What has united the Republican tax credits—unlike the personal exemp- liver tax reform. Yesterday, the House reform efforts so far in this Congress tions they replaced—lose value over Ways and Means Committee completed has been a stubborn desire to reduce time because they are not indexed. its first day of discussing the House taxes paid by big corporations and the They only increase with inflation. The legislative proposal unveiled last week. superrich. That is the core. The middle Republicans use the same gimmicks to That bill, the Tax Cuts and Jobs Act, class ends up with the leftovers. make the value of middle-class deduc- builds upon the unified tax reform Shockingly, millions in the middle tions, like the standard deduction, lose framework and reflects goals shared by class will actually see a tax increase, value over time. President Trump, Republicans in the not just a handful but a large number. So while some middle-class families House, and our conference here in the This morning’s New York Times did an may see a tax decrease in the very Senate—priorities shared by Americans analysis. According to them, one-third short run, a considerable number see a of both parties all across our country. of all middle-class families would pay hidden tax increase a few years later. Later this morning, a group of Sen- more in taxes next year under the They have front-loaded the benefits to ators, administration officials, and tax House bill, and by 2026, nearly half of disguise a tax hike in the outyears. reform advocates will highlight the all middle-class families would pay Look at this chart. Now, our Repub- benefits of relief for families, small more in taxes—almost half. lican colleagues picked the perfect businesses, and the American economy. Here is the newspaper article. This is family to benefit from their tax break. They will share their constituents’ the New York Times. They defined the This middle-class family, when they calls for tax reform. middle class as households between As they do, the Senate Finance Com- $50,000 and $160,000—the backbone of proposed it, is a family making $59,000 mittee will continue its work on this America. Here is their headline. I don’t a year. Well, the Institute for Taxation important issue as well. Chairman know if you can see it. ‘‘Republican and Economic Policy looked at the Re- publican plan and found over one in HATCH will continue to lead the com- Plan Would Raise Taxes on Millions of mittee through an open process, giving Middle-Class Families.’’ Here is the five taxpayers, those earning between members the opportunity to provide headline again printed a little larger so $56,000 and $150,000—the heart of the their input, offer amendments, and everyone here in America can see it. middle class—would see an average in- work together to take another big step ‘‘Republican Plan Would Raise Taxes crease of $1,350 by 2027. Here it is. This forward. on Millions of Middle-Class Families.’’ is not a family who has medical ex- I am grateful for the work of both That is the case. They did their anal- penses or kids in college—they lose Chairman BRADY and Chairman HATCH ysis. By the way, you say: Well, that is those deductions—or a large mortgage to get us to this point. We still have a mainly in the coastal States. No. Even or from a State with high personal in- lot of work to do, but we are com- if it is not one-third, it is probably come and sales taxes. This is the plain- mitted to passing tax reform to help about 20 percent in the poorest of vanilla, hand-picked family chosen by our Nation’s economy reach its full po- States. Large numbers of middle-class the Republicans to highlight the bene- tential. taxpayers in every State in this fits of their plan. f Union—coastal, noncoastal, New York, It is true. In the first year, they get RESERVATION OF LEADER TIME California but also Wyoming, Utah, a break around $1,100, but over the and Nebraska—would pay a significant years, they get an increase. By 2027, The PRESIDING OFFICER. Under tax increase. even this hand-picked Republican fam- the previous order, the leadership time Looking at the House bill, you can ily gets a tax increase. The bottom line is reserved. see why. Republicans either reduce or is, the Republican tax plan is like a f eliminate several middle-class tax de- ticking timebomb for many hard-work- MORNING BUSINESS ductions. The elimination of the per- ing, middle-class families. Working The PRESIDING OFFICER. Under sonal deduction, for example, which middle-class families see a tax increase the previous order, the Senate will be lets families deduct roughly $4,150 for because the Republican plan reduces in a period of morning business for de- each person in the household, would be their benefits over time. bate only until 11 a.m., with Senators costly to families of three or more. If Meanwhile, tax giveaways for the permitted to speak therein. you have a lot of kids, this bill is bad wealthiest Americans and huge cor- Mr. MCCONNELL. Mr. President, I for you. Taxwise—if tax policy influ- porations get better over time. The es- suggest the absence of a quorum. ences behavior—they are trying to dis- tate tax exemption goes up from $11

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.001 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7035 million to $22 million for a couple, and ceed to executive session to consider zens are able to get their hands on then it is permanently repealed by 2023. the following nomination, which the weapons that are designed not for The corporate rate cut and pass- clerk will report. hunting and not for shooting for sport through cut also stays permanent—a The legislative clerk read the nomi- but to kill. These tactical assault-style boon to wealthy shareholders. Middle- nation of John H. Gibson II, of Texas, weapons are being used over and over class tax deductions and credits expire. to be Deputy Chief Management Officer in these mass tragedies, and more peo- Deductions for corporations and the of the Department of Defense. ple end up in harm’s way. wealthiest are permanent or even get The PRESIDING OFFICER. Under Smarter gun laws—just making sure better. the previous order, there will now be 60 that the right people have guns, not As Mark Mazer, the director of the minutes of debate, equally divided in the wrong people—lead to less gun Independent Tax Policy Center, said, the usual form. deaths. It is time for us to admit that ‘‘You could create a plan that just cuts The Senator from Connecticut. this is a uniquely American problem taxes for middle-class people. That’s GUN VIOLENCE and that it deserves our attention rath- not what this is.’’ Yet that is how Re- Mr. MURPHY. Mr. President, we are er than our silence, which has been our publicans are selling it. grieving yet again today another hor- response every single session that I A few days ago on Hugh Hewitt’s rific mass shooting in a church in have been a Member of Congress. show, my friend the majority leader Texas—over 25 dead, others still This poster shows but a few of the said that ‘‘at the end of the day, no- clinging to life. We were barely past faces that have been lost to gun vio- body in the middle class is going to get our stage of grief as more than 50 peo- lence in this country. My small town of a tax increase’’ under the Republican ple were shot dead and 500 were injured Sandy Hook is a broken community. It bill. Again, that was MITCH MCCON- at a country music concert in Las is a beautiful, wonderful community, NELL: ‘‘Nobody in the middle class is Vegas. Of course, every single night in but it is a broken community. The rip- going to get a tax increase.’’ Well, if this country, parents and brothers and ples of grief that come with losing that Leader MCCONNELL was referring to the sisters go to bed having lost their loved number of children—beautiful chil- House bill, that is just a bold-faced lie, ones, and 90 people die every day from dren—all at one time never really gets and he ought to retract it, but to give guns in this country. repaired. That small community in the Senator the benefit of the doubt, I just think it is worth stating that Texas, Sutherland Springs, will suffer maybe he is referring to the Senate tax this happens nowhere else other than that same fate. It will be a community bill still under consideration. Let’s see. in the United States. This is not inevi- that will not ever truly repair itself, In the Republican bill, will nobody in table. This is not something that we having lost so many beautiful people at the middle class get a tax increase? We should accept. We are not impotent or one moment. You can’t rewind the will wait and see. If past is prologue, I helpless to try to change the scope of clock. doubt it because the House said no tragedy that is crippling for families It is increasingly impossible for me middle-class person would get an in- that have to go through this. to continue to go back to Newtown, crease, then their bill walloped the I want everyone to take a quick look CT, and tell the people of that commu- middle class. One-third get an increase at this pretty simple chart. The United nity that even after mass murder after immediately, and then half get an in- States has more guns and more gun mass murder in this country, at a scale crease over the next 10 years. deaths than any other developed coun- that occurs in no other Nation, our re- I would remind my Senate Repub- try. It is not close, we are not even in sponse as a body is to do nothing. It is lican colleagues that their House Re- the neighborhood of any of our other a level of callousness that is frankly publicans sold their bill as a middle- G–20 competitor nations. While the unexplainable to the victims of this vi- class bill—a middle-class tax cut—and President told us the other day that olence, and this macabre club of fami- then put together a plan that raises this is a mental illness problem, one lies that have had to deal with the con- taxes on millions of middle-class fami- cannot explain this outlier status sequences of gun violence is getting lies, one-third of all families making through a story of mental illness be- bigger and bigger and bigger. between $65,000 and $150,000. cause none of these other countries Why? Because the number of people If the Senate bill follows the same have any lower rate of mental illness. who die by guns is not going down. It is path, promising universal, middle-class There are just as many people who are not leveling off. It is exploding. Every tax cuts but delivers smoke and mir- mentally ill in these countries as there year, more people—not less people—are rors and hidden tax increases, it will are in our country. killed by guns in this country, and it get clobbered in the court of public We cannot explain it by the attention seems to be the only problem in which opinion, as it would deserve. we pay to mental illness. We spend there is zero interest in this body to I yield the floor. more money on treating mental illness solve. When a terrorist plows into civil- I suggest the absence of a quorum. than these countries do. This isn’t a ians with a truck in New York City, The PRESIDING OFFICER. The mental illness problem. We have to do Republicans in this body are talking clerk will call the roll. better in treating people who have psy- about policy change within hours, but The senior assistant legislative clerk chological disorders in this country, after somebody walks into a school or proceeded to call the roll. but the reason that we are an outlier a church or a shopping mall, we are Mr. MURPHY. Mr. President, I ask nation when it comes to the number of told that there has to be a restraining unanimous consent that the order for gun deaths and the epic scale of our order on policy debate for days. It is ri- the quorum call be rescinded. mass tragedies is explained by some- diculous, and it is offensive to the fam- The PRESIDING OFFICER (Mr. thing else. ilies who have gone through this. Here is a quick story. This graphic So, let’s just for a moment set aside STRANGE). Without objection, it is so shows the States that have background ordered. the issues that I will admit are un- check requirements on all gun sales in likely to come up for a vote in this f the private sector, and here are the body between now and the end of this CONCLUSION OF MORNING States that have no background check session. I think it is unbelievable that BUSINESS laws beyond those that are required in universal background checks, sup- The PRESIDING OFFICER. Morning Federal law. It is a fundamentally dif- ported by 90 percent of Americans, business is closed. ferent story when it comes to gun-re- can’t get a vote here. I don’t think lated homicides. In the States that there is another issue like that in the f have background check laws, the aver- American public, where 90 percent of EXECUTIVE SESSION age rate of homicide is substantially Americans agree on something and lower—substantially lower—than in Congress can’t even conceive of getting States that haven’t background check it done. EXECUTIVE CALENDAR laws. That is because in this country, The only place where background The PRESIDING OFFICER. Under with the loosest, most lax gun laws in checks is controversial is in the Con- the previous order, the Senate will pro- the industrialized world, private citi- gress. Every single gun owner I talk to

VerDate Sep 11 2014 23:35 Nov 07, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.002 S07NOPT1 S7036 CONGRESSIONAL RECORD — SENATE November 7, 2017 in my State wants to make sure that off the list of prohibited purchasers and impotence that nothing can be done to criminals and people who are seriously start buying guns again. These are peo- change the trajectory of violence in mentally ill can’t buy guns. ple who were judged to be so mentally this country, the regular scroll across Similarly, let’s admit what is hap- ill that they couldn’t deposit a check. the bottom of your TV screen telling pening here. It is not a coincidence They were given conservator status for you news of the latest mass shootings that the same kind of weapon is used Social Security purposes. These are where little kids and senior citizens are every single time in these shootings. people who were so mentally ill, so being gunned down in churches and These are copycat shootings in which limited in their cognitive abilities that schools—that sense of helplessness people see the kind of destruction that they couldn’t take a Social Security isn’t real; it is a fiction, an invention comes with an AR–15-style weapon, and check and deposit it. Those people were of the gun lobby designed to make this they use it again in order to maximize prohibited from buying guns. This Con- place feel as if there is nothing that the lethality. gress passed a law earlier this year to can be done in order to make sure that Wake up. Wake up to the reality that say that those people who can’t deposit they can continue to make these ob- these weapons are being used to mur- a check should be able to go buy an as- scene amounts of profits. There are der with speed and power, and the kill- sault weapon. things we can do. ers are watching what happens in If we are serious about trying to stop I understand that despite the popu- Sandy Hook, what happens in Texas, people with mental illness from getting larity of background checks with the what happens in Orlando, what happens weapons, let’s work together on that public, we are probably not going to in Las Vegas, and they are repeating instead of moving backward. get a vote on that, but let’s work to- the process. They are replicating the Finally, it is an open secret that the gether to make sure that automatic weapon. They shouldn’t be in the hands existing background check system is weapons can’t be in the hands of civil- of civilians. You can have plenty of fun broken. Let’s not pretend we just woke ians. Let’s make real the very simple hunting without an AR–15 or AR–15- up yesterday in amazement that the premise that seriously mentally ill style weapon. So let’s set aside uni- records of people who are seriously people shouldn’t be able to buy guns. versal background checks and assault mentally ill or have been convicted of Let’s fix the background check system weapons for a moment. I get the poli- crimes aren’t ending up on the back- so that, as Republicans tell us over and tics of this place. I understand those ground checklist. over again, at least we can enforce ex- are unlikely to pass. I am holding in my hand the data isting law. There are ways that we can Why, then, can’t we work on the that is available to every single one of stop this slaughter, and I don’t know things that we know we agree on? I us about the records that are being how we live with ourselves, how we have listened to dozens of Republicans uploaded onto the background check sleep at night as a body if, in the face in the House and the Senate claim that system. For the Department of De- of these massacres, we don’t even do they are for making real the prohibi- fense, it is a whole bunch of zeros. The the stuff we all agree on. tion on automatic weapons. People Army, the Navy, the Air Force—zero, I yield the floor. shouldn’t have fully automatic weap- zero, zero, zero, zero, zero, zero. The PRESIDING OFFICER. The Sen- ons in this country. Nobody should be Similarly, States aren’t doing their ator from Texas. able to do what that guy did at an part either. Connecticut uploaded TEXAS CHURCH MASS SHOOTING upper story window in a hotel in Las 363,000 felony records onto the NICS Mr. CORNYN. Mr. President, I come Vegas, and the law that we all passed is system over the course of 2016. Colo- before this body a second day in a row being ignored by companies that are rado uploaded 10 felony records in 2016. to talk about an event that the Sen- selling these aftermarket modifica- New York uploaded 57,000 domestic vio- ator from Connecticut has been refer- tions that turn semiautomatic weapons lence records in 2016. North Carolina ring to that has shocked all of us. It into automatic weapons. The company uploaded 261. There weren’t 261 people has rattled us to the very core and that sold the modification took it off in North Carolina who were convicted shocked the conscience of the entire the market, but only for a couple of of domestic violence crimes in 2016; it Nation. weeks. They are back to selling bump is just that only 261 people went up on I didn’t get a chance to hear every- stocks again because we have signaled the list. Many other States, like the thing he said about this today, but I that we are not going to do anything Department of Defense, have zeros in was encouraged to hear him make com- about it. all of these columns. Many States are ments about fixing the background It is not enough to just tell the ATF uploading no records onto the system. check system, which I think failed us to do it. Why? Because the law is Now, admittedly, NICS tries to get terribly here, and it failed, of course, vague. The ATF said it was vague in those records through other means the 26 people who lost their lives and 2010. All we have to do is clarify it, but when States don’t give it to them, but the 20 more who were injured in this aftermarket modifications that turn it is an open secret that the NICS sys- terrible shooting in Sutherland semiautomatic weapons into auto- tem is broken. Congress at least tried Springs, TX, during a Sunday morning matic weapons shouldn’t be legal. It to make some changes. After the Vir- church service at First Baptist Church. seems we have agreement on that be- ginia Tech shooting, Congress did pass Of course, at times like these, we cause I have listened to many Repub- a NICS improvement bill, but it has need to respect the right and the need licans saying they are willing to take not worked. It gave the Department of of people to mourn and to grieve their that step. Let’s take it and stop talk- Justice the power to withhold Federal loss and to express our solidarity with ing about it. Put legislation on the funding if States don’t upload records. those families who were torn apart. floor that says you cannot have an Despite the fact that there are a hand- One woman who has lived in Suther- automatic weapon in this country. ful of States that have uploaded no land Springs for nearly 70 years de- Let’s do it. We agree on it. records to NICS—zero—no State has scribed the community as a place I didn’t agree with the President yes- been penalized under that 2007 law. where ‘‘everybody knew everybody.’’ terday when he said it is a mental ill- That is not a Republican or a Demo- She said that before Sunday, most peo- ness problem, but similarly we could cratic problem. The Obama administra- ple didn’t even keep their doors locked work together to make sure that peo- tion didn’t penalize States, and Repub- because the town never experienced ple who are seriously mentally ill don’t lican Presidents didn’t penalize States. any significant crime. Well, now that buy weapons. That is the second non- Why don’t we work together on that? has changed. controversial policy proposal on which A couple of years ago, the House Sutherland Springs has suffered at we could work together. Let’s just passed additional funding to help the hands of a man whom initial re- admit we are going the wrong way, not States, other jurisdictions, upload ports have described as having a known the right way. records. Why don’t we find a way to history of violence, a man whose vic- Earlier this year, Republicans passed work together to at least make the ex- tims included his own grandmother-in- a piece of legislation that allowed for isting background check system work? law as well as the visiting pastor of the 75,000 people in this country who have This feeling of helplessness that peo- church. No community finds it easy to serious mental illness to be able to get ple have in this country, this feeling of deal with unexpected heartbreaking

VerDate Sep 11 2014 23:35 Nov 07, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.004 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7037 losses like this, but the fact that this existing law, this atrocity should have many other Texans in once again crime involved so many tightly knit been prevented. This gunman should pledging my support to the people of friends and neighbors and occurred in a not have been allowed to purchase fire- Sutherland Springs. I send my house of worship on a Sunday morning arms and should have been arrested thoughts and prayers to those who lost and harmed so many innocent children when he tried to do so. We need to bet- parents, children, friends, and relatives makes the task much harder. ter understand why our existing laws in this unbelievable act of evil. As each new detail emerges from didn’t work in this instance, and that The biggest danger, though, is that what is still an ongoing investigation, is what my proposed legislation will we become numb and we just simply we need to study the whole puzzle and do. After analyzing the problem, we move on to other matters. We can’t let ask ourselves how this happened, why will try to ensure that everyone is that happen. As Sherry Pomeroy, the so many lives were lost, and what, if complying with the law. wife of the pastor at First Baptist, said anything, could have been done to pre- In 2015, I introduced legislation yesterday, ‘‘Please don’t forget Suther- vent it. We know, for example, that the called the Mental Health and Safe land Springs.’’ And when we hear peo- gunman was court-martialed by the Communities Act that addressed a re- ple ask us to do something about ter- Air Force and convicted of seriousness lated issue: the failure of State and rible tragedies like this, let’s do what domestic abuse, fracturing of local authorities to upload valuable we can, working together in a bipar- his own son. Under the relevant Fed- mental health records into the NICS tisan way, to fix the holes in what is eral law, the Gun Control Act of 1968, background check database. I hope this already the law, which says that people this should have prohibited him from demonstrates my willingness to work like this shooter should never have ever purchasing a gun in the first together with anybody who is willing gotten their hands on a firearm in the place, but we know it didn’t in this in- to meet these problems head-on. first place. But either through human stance. This critically important infor- Right now, we need time and clarity. error or some failure of the background mation from the suspect’s criminal his- We need to know and continue to study check system, he was able to do so. We tory was not uploaded into the rel- the facts. Then, as we have already need to fix that, and hopefully, in evant background check databases started to do, we need to consider all doing so, we can bring some small even though a Federal law clearly re- existing laws and regulations, both sense of justice to the people who lost quires that it be done. State and Federal, in light of this new so much last Sunday in Sutherland Finally and most troublingly, we information. Springs, TX. know what happened next: Mr. Kelley Mr. President, I know we are coming I yield back the remainder of my unlawfully purchased four firearms up on a deadline. I ask unanimous con- time. after passing Federal background sent to speak for an additional 5 min- The PRESIDING OFFICER. Without checks that did not turn up his Air utes. objection, all time is yielded back. Force convictions. Of course, the The PRESIDING OFFICER. Without The question is, Will the Senate ad- shooter lied on his paperwork. He was objection, it is so ordered. vise and consent to the Gibson nomina- asked about these convictions—that is Mr. CORNYN. Mr. President, as we tion? part of the background check system— wait for additional details, I want to Mr. ALEXANDER. I ask for the yeas but because there was no record of it, say a few more words about the strong and nays. he was able to lie his way into getting community of Sutherland Springs, one The PRESIDING OFFICER. Is there a these firearms. This is very clearly a just 35 miles from my hometown of San sufficient second? problem, and the Air Force has now ad- Antonio, TX, where I grew up. There appears to be a sufficient sec- mitted that Kelley’s convictions should First Baptist Church, where the ond. have barred him from ever purchasing shooting occurred, has served as a The clerk will call the roll. or possessing firearms. What appears to mainstay in the town since 1926. It is The bill clerk called the roll. have happened is that the records of the site of church services every Sun- Mr. CORNYN. The following Senator the convictions were not uploaded into day, weddings, social gatherings, and is necessarily absent: the Senator from the National Instant Criminal Back- even some funerals. We hope the First Kentucky (Mr. PAUL). ground Check System. They are re- Baptist Church can bounce back from Mr. DURBIN. I announce that the quired to be uploaded by Federal law this tragedy, and I am confident they Senator from New Jersey (Mr. MENEN- already. can because faith, hope, and love can DEZ) is necessarily absent. There are still some questions to sift never be extinguished no matter the The PRESIDING OFFICER (Mr. through, but I plan to introduce legis- depravity, the evil that tries. CRUZ). Are there any other Senators in lation—and I would be happy to work We are not sure what will happen to the Chamber desiring to vote? with my colleague from Connecticut— the building or the congregation itself, The result was announced—yeas 91, to ensure that all Federal Departments but no matter what, the unique spirit nays 7, as follows: of this community will no doubt en- and Agencies, including the Depart- [Rollcall Vote No. 262 Ex.] ment of Defense, upload the required dure. I am hopeful that the town of YEAS—91 conviction records into the national Sutherland Springs will come back too. database. This legislation will also en- If people like Stephen Willeford are Alexander Durbin Manchin Baldwin Enzi McCain courage, to the greatest extent possible any indication, it will. Stephen, of Barrasso Ernst McCaskill under the Constitution, State and local course, is the plumber who managed to Bennet Feinstein McConnell governments to do the same. We can hit the gunman through a gap in his Blumenthal Fischer Moran body armor. He was joined by Johnnie Blunt Flake Murkowski make the Federal Agencies do it. We Boozman Franken Murphy can only request that the States do it, Langendorff. In a truck, the two chased Brown Gardner Murray as the Senator from Connecticut point- the gunman at high speeds for 11 miles Burr Graham Nelson ed out earlier, and their record of com- into neighboring Guadalupe County. Cantwell Grassley Perdue Capito Hassan Peters pliance is lousy. It is lousy. What these two men displayed is that Cardin Hatch Portman Justice Department records indicate in the worst circumstances, we won’t Carper Heinrich Reed that some Federal Agencies and State let evil have its way. We won’t let sick Casey Heitkamp Risch individuals like this shooter escape the Cassidy Heller Roberts governments are failing to comply with Cochran Hirono Rounds the Federal law. According to the De- consequences of their crimes. Strang- Collins Hoeven Rubio partment of Justice, the number of ers will come together and act quickly Coons Inhofe Sasse these records that are actually and courageously to defend the com- Corker Isakson Schatz Cornyn Johnson Schumer uploaded is staggeringly low. That is munities they love and in which they Cortez Masto Kaine Scott unacceptable, and it must change. live. Cotton Kennedy Shaheen What is important to note, though, is Today I join Governor Abbott, my Crapo King Shelby that when the dust settles, the appro- colleagues—Senator CRUZ and Rep- Cruz Klobuchar Stabenow Daines Lankford Strange priate answers won’t necessarily be the resentative HENRY CUELLAR, in whose Donnelly Leahy Sullivan easy ones. The fact remains that under House district this occurred—and so Duckworth Lee Tester

VerDate Sep 11 2014 23:35 Nov 07, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.006 S07NOPT1 S7038 CONGRESSIONAL RECORD — SENATE November 7, 2017 Thune Van Hollen Wyden Moran Rounds Sullivan This is part of the unfortunate legacy Tillis Warner Young Murkowski Rubio Thune Toomey Whitehouse Perdue Sasse Tillis the Obama administration left for its Udall Wicker Portman Scott Toomey successor, but nearly 1 year into the Risch Shelby Wicker Trump administration, we lack clarity NAYS—7 Roberts Strange Young on essential questions about our Na- Booker Markey Warren NAYS—47 tion’s role, and we are left to observe Gillibrand Merkley Harris Sanders Baldwin Gillibrand Nelson as bystanders the intensifying symp- Bennet Harris Peters toms of a collapsing regional order. NOT VOTING—2 Blumenthal Hassan Reed While in some cases we are bystanders Menendez Paul Booker Heinrich Sanders who take action, we do so with unclear Brown Heitkamp Schatz The nomination was confirmed. Cantwell Hirono Schumer and often unstated objectives. The PRESIDING OFFICER. Under Cardin Kaine Shaheen The United States has committed to the previous order, the motion to re- Carper King Stabenow the sale of over $100 billion of weapons Casey Klobuchar Tester consider is considered made and laid Coons Leahy to Saudi Arabia. We have announced an Udall upon the table and the President will Cortez Masto Markey outline of strategy to counter Iran Van Hollen Donnelly McCain be immediately notified of the Senate’s Warner while providing only minimal detail. Duckworth McCaskill We remain conspicuously silent on the action. Durbin Merkley Warren Feinstein Murphy Whitehouse future of our role in Iraq and Syria be- f Franken Murray Wyden yond eliminating ISIS, as the Assad re- gime and its partners consolidate CLOTURE MOTION NOT VOTING—2 power. The PRESIDING OFFICER. Pursuant Menendez Paul Our power and influence is dimin- to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this ishing in the Middle East as a result of Senate the pending cloture motion, vote, the yeas are 51, the nays are 47. our lack of direction, and the vacuum which the clerk will state. The motion is agreed to. has been filled by forces working con- The senior assistant legislative clerk f trary to American interests. Consider read as follows: EXECUTIVE CALENDAR the events that have swept the region in recent months. CLOTURE MOTION The PRESIDING OFFICER. The We, the undersigned Senators, in accord- In Iraq, Iranian forces are working to clerk will report the nomination. sow discord as we recently saw in ance with the provisions of rule XXII of the The senior assistant legislative clerk Standing Rules of the Senate, do hereby Kirkuk, where the presence of the Quds move to bring to a close debate on the nomi- read the nomination of Steven Andrew Force commander, Qassem Soleimani, nation of Steven Andrew Engel, of the Dis- Engel, of the District of Columbia, to exacerbated tensions among the Kurds trict of Columbia, to be an Assistant Attor- be an Assistant Attorney General. and the government in Baghdad. Ira- ney General. f nian-backed militias continue to gain Mitch McConnell, Orrin G. Hatch, John RECESS power and aim to turn next year’s elec- Barrasso, Johnny Isakson, Chuck tion into a setback that drives Amer- Grassley, Thom Tillis, Lindsey Gra- The PRESIDING OFFICER. Under ican influence out of Iraq. Meanwhile, ham, Roy Blunt, John Cornyn, John the previous order, the Senate stands the scourge of ISIS remains despite re- Thune, John Boozman, Cory Gardner, in recess until 2:15 p.m. cent military successes. The terrorist Pat Roberts, Mike Crapo, JMike Thereupon, the Senate, at 12:52 p.m., attack last week in Manhattan shows Rounds, James M. Inhofe, John recessed until 2:15 p.m. and reassem- Hoeven. its persistent appeal. Its rise in the bled when called to order by the Pre- wake of U.S. withdrawal years ago The PRESIDING OFFICER. By unan- siding Officer (Mr. PORTMAN). imous consent, the mandatory quorum demonstrates the danger of leaving be- call has been waived. f fore winning the peace. The question is, Is it the sense of the EXECUTIVE CALENDAR—Continued Across the border in Syria, the Assad regime, backed by Russia, Iran, Senate that debate on the nomination The PRESIDING OFFICER. The Sen- Hezbollah, and an array of militias, has of Steven Andrew Engel, of the District ator from Arizona. retaken most of the country, including of Columbia, to be an Assistant Attor- Mr. MCCAIN. Mr. President, I ask ney General, shall be brought to a unanimous consent to address the Sen- many eastern areas that are strategi- cally important. The consequences of close? ate as in morning business. The yeas and nays are mandatory The PRESIDING OFFICER. Without the resulting humanitarian crisis have under the rule. objection, it is so ordered. spilled beyond its border for years, de- stabilizing nations far beyond Syria The clerk will call the roll. OUR COUNTRY’S MIDDLE EAST FOREIGN POLICY and paving the way for radicalization. The senior assistant legislative clerk Mr. MCCAIN. Mr. President, in recent called the roll. Forces that are hostile to both our in- months, the United States and coali- terests and our values are shaping the Mr. CORNYN. The following Senator tion forces have achieved major gains is necessarily absent: the Senator from future on the ground while we remain against Iraq and Syria. Building upon silent, focused on the immediate defeat Kentucky (Mr. PAUL). the retaking of Mosul in July, U.S. co- Mr. DURBIN. I announce that the of ISIS. alition partners have liberated ISIS’s I want to emphasize, we want to de- Senator from New Jersey (Mr. MENEN- former capital of Raqqa in Syria, the feat ISIS. We are defeating ISIS, but DEZ) is necessarily absent. pocket of Hawija in northern Iraq, and, that is not our only goal in the Middle The PRESIDING OFFICER. Are there just days ago, the border town of al- East. any other Senators in the Chamber de- Qaim in western Iraq. The so-called ca- On Saturday, the Lebanese Prime siring to vote? liphate that terrorists claimed would Minister, Mr. Hariri, resigned, claim- The yeas and nays resulted—yeas 51, overrun the Middle East is now a shad- ing that he faced death threats from nays 47, as follows: ow of its former self—a shrinking Iran, leaving the United States with [Rollcall Vote No. 263 Ex.] swathe on a map once defined by an one less valuable partner in a divided YEAS—51 open reign of terror. government in which Hezbollah plays a Alexander Cotton Hatch Unfortunately, however, our chal- major role. I happen to have become Barrasso Crapo Heller lenges in the region remain daunting friends with Mr. Hariri over the years. Blunt Cruz Hoeven despite these hard-fought tactical vic- He is a good, pro-democratic, out- Boozman Daines Inhofe Burr Enzi Isakson tories. Our relentless focus on destroy- standing individual who basically was Capito Ernst Johnson ing ISIS, which is, of course, essential, forced out of office. Cassidy Fischer Kennedy has obscured a troubling reality: The A web of Iranian proxies and allies Cochran Flake Lankford United States lacks a clear comprehen- are spreading from the Levant to the Collins Gardner Lee Corker Graham Manchin sive strategy that addresses the Middle Arabian Peninsula, threatening sta- Cornyn Grassley McConnell East in all of its complexity. bility, freedom of navigation, and the

VerDate Sep 11 2014 00:38 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.001 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7039 territory of our partners and allies, in- global economy that Americans benefit Kirkland & Ellis after clerking for Jus- cluding with advanced conventional from and depend upon cannot be under- tice Kennedy. Mr. Engel’s practice fo- weapons. Iran itself continues to men- estimated, but if we keep sleepwalking cused on appellate and commercial liti- ace its neighbors, use its sanctions re- on our current trajectory, we could gation matters. lief windfall to harmful ends, test bal- wake up in the near future and find In 2006, Mr. Engel joined the OLC as listic missiles, and spread weapons that American influence has been counsel to the Assistant Attorney Gen- throughout the region. pushed out of one of the most impor- eral at that time and was later pro- According to our allies and partners, tant parts of the world, and that we moted to Deputy Assistant Attorney just days ago, Houthi rebels in Yemen cannot abide. General. There he provided legal advice launched an Iranian-provided missile The world faces an unprecedented to the Attorney General, to the White at the airport in Riyadh. Meanwhile, array of challenges, of which insta- House counsel, and other executive our Arab allies are embroiled in in- bility in the Middle East is only one. branch clients on a variety of legal fighting and diplomatic disputes that Most importantly, the United States matters. weaken regional cooperation and coali- faces growing threats from Russia and In 2009, Mr. Engel joined the law firm tion efforts in the face of these press- China, both of which are eager to tilt of Dechert as a partner in the white ing threats. the balance of power in Europe and collar and securities litigation group Saudi Arabia itself is in the midst of Asia toward them rather than toward and later in that same firm as a mem- monumental change. The recent ap- us and the majority of the world that ber of the complex commercial litiga- pointment of a new Crown Prince, the favors greater freedom and openness. tion group. arrest over the weekend of a number of We need to prioritize these critical Mr. Engel’s nomination has broad prominent Saudi citizens, and the challenges by rebuilding military read- support across the legal community. Kingdom’s ongoing war in Yemen, iness, reorienting our force structure, The Senate Judiciary Committee re- which has spawned a humanitarian cri- investing in needed capabilities to ceived a number of letters in support of sis of its own, indicate a forcefulness deter near-peer competitors, and his nomination. One such letter is that promises progress but also raises strengthening our alliances with like- signed by former Attorneys General concern about internal stability and minded partners and allies. Mukasey and Gonzales, as well as regional conflict. Ultimately, it could If we neglect to consolidate our gains former Deputy Attorneys General serve to strengthen Saudi rivals. against ISIS and address the threats to Filip, Morford, and McNulty. Other let- In Turkey, President Erdogan con- American interests throughout the ters of support were received from his tinues to consolidate power, abuse Middle East, our gains will easily be coclerks on the Supreme Court, a human rights and the rule of law, and overtaken. As my friend and former group of Mr. Engel’s former colleagues, stifle democracy, while growing closer Secretary of State George Schultz once Yale Law School classmates, and Har- to Russia and straining the relation- observed, ‘‘If you have a garden and vard Law Professor Jack Goldsmith. ship with NATO. Meanwhile, Vladimir want to see it flourish, you have to Mr. Engel also received an endorse- Putin’s Russia casts a long shadow tend to it.’’ We could find ourselves en- ment from the Patrolmen’s Benevolent throughout the region as it reestab- meshed in conflicts far more costly in Association of the city of New York, lishes itself as a power broker hostile lives, power, and opportunity if we ne- which is the largest police union in to American interests and wholly un- glect to care for a particularly frus- New York City. concerned about human rights. trating part of the world. These challenges are daunting, con- Our elected leaders must articulate a Another letter from former senior fusing, and complex, borne of years of comprehensive strategy that reflects government officials and legal officers neglect, punctuated by crises and ag- these judgments with specificity and of the executive branch, including Ken- gravated by weeks filled with the detail rather than piecemeal offerings neth Wainstein and Michael Hayden, events of decades. and tactical victories. Congress, with noted their ‘‘enthusiastic support’’ for The questions a comprehensive strat- our constitutional role as a coequal Mr. Engel’s nomination. Wainstein and egy must address are formidable: What branch of government, and, more im- Hayden wrote: ‘‘We are confident that are our political and military objec- portantly, the American people, de- as head of OLC, Steve will render legal tives in the region? How should we serve no less. opinions with the highest level of pro- prioritize our pursuit of objectives The PRESIDING OFFICER. The Sen- fessional integrity and according to his given the numerous regional chal- ator from Iowa. best understanding of what the law and lenges, and how should we measure our Mr. GRASSLEY. Mr. President, the Constitution require.’’ success? What roles and responsibil- today the Senate will confirm Steven Mr. Engel and I met this summer, ities should our allies and partners Engel to serve as Assistant Attorney and we discussed the importance of play, and what support will they need General for the Office of Legal Counsel. congressional oversight and the essen- to do so? What should be the size, roles, The Office of Legal Counsel, which tial role played by Members of this missions, and capabilities of U.S. we refer to as the OLC in the Judiciary body and the House of Representatives. forces in the region, whether in Iraq, Committee, functions as legal advisor He assured me that he agreed that each Turkey, the Persian Gulf, or else- to the President and executive branch Member, whether or not a chairman of where? How will the United States fa- agencies, providing advice on complex a committee, is a constitutional officer cilitate humanitarian relief, stabiliza- questions of constitutional and statu- entitled to the respect and best efforts tion, reconstruction, and political rec- tory interpretation. The OLC essen- of the executive branch to respond to onciliation where possible? tially serves as the general counsel to his or her requests for information. These questions—many of which we the executive branch. Further, he committed to review the require the President and Department Mr. Engel is well equipped to lead May 1, 2017, OLC opinion on this very of Defense to answer in the National that office, both from the standpoint of issue and to consider whether a more Defense Authorization Act—are not academics and from the standpoint of complete analysis of the issue is nec- academic. background. Mr. Engel received his un- essary. The United States is not involved in dergraduate degree from Harvard, his You may remember that my interest the Middle East because we labor under master’s of philosophy from Cambridge in this whole thing goes back to early the illusion that our presence will University, and his law degree from in this new administration, when peo- solve every problem but because the Yale Law School. ple working for the President and pre- stability of the region is vital to our Following his graduation, Mr. Engel sumably speaking for the President national interests and international se- clerked for Judge Kozinski of the Ninth said that the only oversight letters curity alike. Middle Eastern insta- Circuit Court of Appeals and for Jus- that would be responded to would be bility tends to travel far beyond its tice Kennedy on the Supreme Court. those from chairmen of committees. borders. The region’s importance to the Mr. Engel joined the law firm of Now, you can imagine that leaves out

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.012 S07NOPT1 S7040 CONGRESSIONAL RECORD — SENATE November 7, 2017 at least 30-some Republicans that oversight and, if he isn’t, I am going to was ‘‘astonished’’ by the memo’s would never get answers to their over- be very, very disappointed. He has sat- ‘‘deeply flawed’’ and ‘‘sloppily rea- sight letters, and it would leave out 48 isfied me through his testimony before soned’’ legal analysis. Democrats that would never get an- our committee and through the prom- Then, in May 2005, OLC had a new swers to their letters. Consequently, ises he made in letters to me and in the leader—Steven Bradbury—and he se- most of Congress would not be able to privacy of my office that he is going to cretly issued three new torture memos do their constitutional role of over- do that. So we are ending up with a Mr. approving the use of waterboarding and sight, making sure that the executive Engel who is, as you can see, very well other abusive interrogation techniques. branch is in enforcing the laws and qualified to take on such a role as As- Then-Deputy Attorney General Jim spending the money according to what sistant Attorney General of the Office Comey strongly objected, saying the we require. So I raised that issue of Legal Counsel. United States would be ashamed when through a 7-page letter to the White I urge my colleagues to support Mr. the memos came to light, but Attorney House, and they came and visited with Engel’s nomination and confirm him to General Alberto Gonzales overruled me about it. this important position. him. I think they had some misunder- I yield the floor. Already, we have seen troubling signs standing of what oversight was all Mr. DURBIN. Mr. President, I rise in at OLC under President Trump. In Jan- uary, OLC signed off on President about. They wrote a letter that said opposition to the nomination of Steven Trump’s travel ban Executive order, a they are going to respond to every Engel to head the Justice Depart- decision that was kept secret from Member of Congress on oversight ment’s Office of Legal Counsel. then-acting Attorney General Sally issues, which satisfies me from the On many occasions, President Donald Yates. According to Ms. Yates, this was standpoint of their intent. Trump has made clear that he does not the first time ever that OLC hid its ac- As I just said in my remarks here, appropriately respect the rule of law in tions from the Attorney General, Mr. Engel committed to review that America. We have seen this many which it did even though OLC reports May 1, 2017, OLC opinion on this issue times over the last few years, from his and to consider whether a more com- to the Attorney General. This Execu- bigoted and disdainful comments about tive order was blocked by multiple plete analysis of the issue is necessary Federal judges, to his firing of FBI Di- because every Member of Congress Federal courts before it was with- rector Comey because of what the drawn. OLC issued an opinion on Inau- should be able to do oversight, and President called ‘‘this Russia thing,’’ every Member of Congress ought to ex- guration Day to allow President Trump to his shameful pardon of , a to employ family members in the pect an answer to their letters from man convicted of criminal contempt the executive branch of the govern- White House. This was a reversal of for refusing to stop violating the Con- OLC’s longstanding position on ment, whether they are a chairman or stitution, to his efforts last week to not, whether they are a Republican or antinepotism laws. badger the FBI and Federal prosecutors OLC is likely to face many critical not, whether they are a Member of the into doing his bidding. legal issues in the coming months and House or a Member of the Senate. I As Republican Senator BOB CORKER years. We need OLC to serve as an inde- want to make sure that we follow said last Friday: pendent check on this administration, through on this, although I will give President Trump’s pressuring of the Jus- especially since President Trump has this administration credit for almost tice Department and FBI to pursue cases shown an eagerness to denigrate the totally reversing an opinion that they against his adversaries and calling for pun- justice system and to criticize those issued way back in May. ishment before trials take place are totally whose views on the law differ from his The head of OLC is a highly impor- inappropriate and not only undermine our own. Unfortunately, Steven Engel, the tant role at the Department of Justice, justice system but erode the American peo- President’s nominee to head OLC, has and it is a role whose importance is felt ple’s confidence in our institutions. not demonstrated the independence If my Republican colleagues want to throughout the Federal Government. and judgment that our country needs restore confidence in our institutions Just to show you how it is felt for this vital position. throughout the entire government, let of justice, they can start by making Mr. Engel has been a law firm part- me tell you that they issued an opinion sure that only someone truly inde- ner since 2009. Previously, he worked at in the previous administration on pendent of Donald Trump serves in the OLC under President George W. Bush something to do with the work of in- vital position of Assistant Attorney from 2006 to 2009, rising to the level of spectors general throughout the gov- General for the Office of Legal Counsel. Deputy Assistant Attorney General. ernment, previously, or maybe origi- The Office of Legal Counsel, or OLC, Mr. Engel admitted that, while he was nally, intended to say what the inspec- is not well known, but it is a critical at OLC, he ‘‘reviewed and commented tors general could demand or not de- part of the Federal government. OLC upon’’ a July 2007 memo to the CIA mand. We understand that the law exercises statutory authority to pro- Acting General Counsel which con- passed in 1979 says that an inspector vide legal advice that is binding on the cluded that six CIA enhanced interro- general can be entitled to any informa- executive branch. In addition to giving gation techniques were legal. These tion he wants from that department, legal advice to the President and exec- techniques included, for example, ex- but they issued an opinion—the OLC utive branch officials, OLC reviews all tended sleep deprivation by shackling person at that time—along the lines of, proposed Executive orders and Attor- detainees in a standing position while well, there are some areas that maybe ney General orders for form and legal- wearing a diaper for days at a time. the head of the agency has to review, ity. Essentially, OLC serves as a check The OLC opinion said that these tech- which means that the 1979 law isn’t to make sure that the President and niques did not constitute cruel, inhu- being carried out in the spirit. That is his administration are faithfully exe- man, or degrading treatment. The Jus- kind of an example because that opin- cuting the laws. tice Department’s Office of Profes- ion from the Justice Department was There have been shameful moments sional Responsibility concluded that used by general counsels throughout in our history when OLC’s leaders have this 2007 memo was inconsistent with the administration of Obama to keep lacked the independence and judgment the plain meaning and commonly held Congress from doing its oversight to stand up for the rule of law. For ex- understandings of Common Article 3 of work. That is how important the per- ample, in 2002, under Assistant Attor- the Geneva Conventions. The OLC son who is the head of the Office of ney General Jay Bybee, OLC produced opinion was withdrawn in 2009. Legal Counsel is in determining what the infamous torture memo that ap- While at OLC, Mr. Engel also helped goes on in the executive branch of gov- proved the CIA’s use of torture tech- draft legislation that would become the ernment—enough to stifle the over- niques like waterboarding. When this Military Commissions Act of 2006. This sight work of the Congress of the memo became public in 2004, the Jus- law included a provision that sus- United States or the work of the in- tice Department was forced to with- pended habeas corpus rights for Guan- spectors general of each department. draw it. Jack Goldsmith, a prominent tanamo Bay detainees, a provision that So I see Mr. Engel as a person who is conservative legal scholar who was act- the Supreme Court struck down as un- going to be a friend of congressional ing head of OLC at the time said he constitutional in the Boumediene case.

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.014 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7041 Additionally, Mr. Engel worked on I am concerned that Mr. Engel has and hire new workers. We are also President Trump’s transition and Jus- not demonstrated the independence going to allow small businesses to re- tice Department landing team, but, he and judgment we need from the head of cover their capital invested in things would not tell the Judiciary Com- this critical office. Therefore, I cannot like inventory and machinery more mittee what matters he worked on, support his nomination. quickly, which will free up capital so which is troubling. The PRESIDING OFFICER. The Sen- they can use that to expand and create I asked Mr. Engel to provide reassur- ator from South Dakota. jobs. Right now it can take small busi- ance that, if he is confirmed, OLC will TAX REFORM nesses years, or in some cases even dec- operate independently from President Mr. THUNE. Mr. President, we are ades, to recover the cost of their in- Trump. His response? He said he was getting close to making tax relief for vestments in equipment and facilities. deeply committed to the independence Americans a reality. Last week the That can leave them extremely cash of OLC and said, ‘‘I demonstrated that House released its tax reform bill, and poor in the meantime, and, needless to commitment in my prior service in the this week we expect the Senate Fi- say, cash poor businesses have a hard Office, as well as in my activities in nance Committee to release our time expanding, hiring new workers, or private practice and my volunteer version. In the coming days, the tax increasing wages. Allowing small busi- work for the Trump transition team.’’ committees in both Houses will review nesses to recover their investments It is hard for me to understand how Mr. the bills, and then we will debate them more quickly will mean more jobs and Engel’s work for the Trump transi- on the floor and develop a final version. more opportunities for American work- tion—work that he would not even dis- After years of economic stagnation, ers. In addition to high tax rates on small cuss with the committee—is supposed Americans are ready for relief. They and large businesses, another thing to reassure us about his independence are ready to keep more of their hard- that is decreasing jobs and opportuni- from President Trump. To the con- earned money. They are ready to fi- ties for American workers is our out- trary, I fear that by refusing to discuss nally see a real pay increase, and they dated worldwide tax system, which is are ready for access to more economic his transition work, Mr. Engel has al- discouraging American companies from opportunity. That is what our tax re- ready started covering for Mr. Trump. investing their profits here at home in form bill is going to provide. Perhaps the most telling response American jobs and American workers. To start with, our bill is going to put Mr. Engel provided when it comes to Having a worldwide tax system means more money in Americans’ pockets by demonstrating independence from that American companies pay U.S. lowering their tax rates and doubling President Trump is this. I asked him taxes on the profit they make here at their standard deduction. Under our this question in writing: home as well as on part of the profit bill, a family making $24,000 a year or According to news reports, in a January they make abroad once they bring that less will not be paying any taxes, and 27th dinner, President Trump asked then- money back to the United States. The FBI Director James Comey if Comey would families making more than $24,000 a problem with this is that American pledge his loyalty to President Trump. Do year will be paying significantly less companies are already paying taxes to you believe it is appropriate for a President than they are paying today. We are to ask a Director of the FBI to pledge loy- foreign governments on the money also going to help families by substan- they make abroad. Then, when they alty to the President? tially increasing the child tax credit, His response? ‘‘I do not have any bring that money home, they too often and we are going to simplify and end up having to pay taxes again on knowledge concerning the communica- streamline the Tax Code so that it is tions between President Trump and part of those profits and, I might add, easier for Americans to figure out what at the highest tax rate in the industri- former FBI Director Comey.’’ This is benefits they qualify for so they don’t not a hard question. I wasn’t asking alized world. It is no surprise that this have to spend a lot of time and money discourages businesses from bringing Mr. Engel about the specific conversa- filing their taxes. tion between President Trump and the their profits back to the United States But that is only the beginning. to invest in their domestic operations, FBI Director. Here is the easy answer Americans don’t just want to keep that he should have given: It is wrong in new jobs, and in increased wages. more of their hard-earned money. They Between 1982 and 2003, when the U.S. and unethical for a President to ask an also want to be making more of it, but tax rate was much more competitive FBI Director—or any Justice Depart- Americans have had a hard time doing with those other countries, there were ment or FBI official—to make a per- that lately. Wages have been stagnant 29 corporate inversions where U.S. sonal loyalty pledge. If Mr. Engel can’t for years, and new opportunities have companies moved abroad. Between 2003 get the easy questions right, what will been hard to find. and 2014, when other countries were he say when challenging questions So in addition to reforming the indi- dropping their corporate tax rates and come before OLC? vidual side of the Tax Code, we are shifting to territorial tax systems, For example, what if President going to reform the business side so there were 47 such inversions. Trump asks OLC to revise the 1974 OLC that we can give Americans access to Our tax plan addresses this drag on memo concluding that a President can- the kinds of jobs, wages, and opportu- our economy by moving from our out- not pardon himself? Would Mr. Engel nities that will set them up for a se- dated worldwide tax system to a terri- cave to the President’s whims? Or what cure future. In order for individual torial tax system. What does that if President Trump asks OLC to justify Americans to thrive economically, we mean? By shifting to a territorial tax some pretext for the firing of Special need American businesses to thrive. system here in the United States—a Counsel Mueller? Are my Republican Thriving businesses create jobs, they move, I might add, that is supported by colleagues confident that Mr. Engel provide opportunities, and they in- Members of both political parties—we would stand strong? crease wages and invest in their work- will eliminate the double taxation that Here is the bottom line. Many of my ers. Right now, though, our Tax Code is encourages companies to send their in- Republican colleagues talk and tweet not helping businesses thrive. Instead, vestments and operations overseas. about their concerns when President it is strangling both large and small Combine that with a reduction in our Trump disrespects the rule of law, but businesses with high tax rates. Small high corporate tax rate, and we can talk and tweets are cheap. If they are businesses are incredibly important for provide a strong incentive for U.S. truly concerned about President new job creation. They play a huge role companies to invest their profits at Trump’s actions, they need to vote in a in the economy in my home State of home in American jobs and American way that serves as a meaningful check South Dakota and other States all workers instead of abroad. on President Trump. Our Nation needs across the country, but the high tax Business tax reform is essential to the Office of Legal Counsel to serve as rates that too many small businesses reversing the economic stagnation that a check on the President’s worst im- currently face can make it difficult for we have seen in recent years. The pulses. We need them to stand strong them to even survive, much less thrive White House Council of Economic Ad- when the President berates the Justice and expand their operations. visers estimates that the tax reform Department and urges it to ignore So we are going to lower taxes for framework that Republicans have pre- legal norms and processes. small businesses so that they can grow sented will boost economic growth by

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.003 S07NOPT1 S7042 CONGRESSIONAL RECORD — SENATE November 7, 2017 between 3 and 5 percent. That is good that will provide a brighter and more crease will stay in place. Others will news for the economy. More specifi- prosperous future for American work- see a little tax decrease, but as the cally, however, it is good news for ers and American families. years go by, many of those are going to American workers, who can expect to It is time to give the American peo- see their taxes go up. It is a major cor- see their incomes rise as a result. A ple some relief. porate tax cut financed in large part by study from the White House Council of I yield the floor. millions of middle-class families pay- Economic Advisers estimates that re- The PRESIDING OFFICER. The Sen- ing higher taxes. ducing the corporate tax rate from 35 ator from Maryland. Just to give a sense of how well the percent, where it is today—the highest, Mr. VAN HOLLEN. Thank you, Mr. folks at the very top will do, there is a as I said, in the industrialized world— President. headline from the Wall Street Jour- down to 20 percent, which is more com- Mr. VAN HOLLEN. Mr. President, I nal—this is not a Democratic-leaning petitive with our competitors around rise today to strongly oppose the legis- newspaper—‘‘Banks Sidestep a Big the world, would increase average lation that has emerged from the Tax-Plan Pitfall.’’ Right here in the household income by $4,000 annually. House of Representatives that pretends second paragraph of the Wall Street Think about that. Reducing the tax on to provide tax relief to middle-class Journal article, it says this: At a 20- businesses in this country would in- Americans, but if you take a look at it percent corporate tax rate, banks stand crease average household income for and you look at the analyses that have to be among the biggest winners from families in America by $4,000. already come out, what it really is, is tax reform. That is according to S&P A Boston University professor and another big tax giveaway to million- Global Market Intelligence. The five public finance expert, Larry Kotlikoff, aires, billionaires, and big, multi- biggest diversified banks alone might found that lowering the corporate tax national corporations. have had tax savings of $11.5 billion in rate to 20 percent would increase I believe we should do tax reform. We 2016 at that rate—the biggest sum for household income by $3,500 per year on should take our Tax Code and clean up any subindustry group tracked by S&P. average. This was most recently con- a lot of the junk that has gotten into The biggest banks do just great under firmed by Martin Feldstein, a Harvard our Tax Code that is not there for good this Republican plan. Middle-class fam- professor and former Chair of the Coun- public policy reasons and is there be- ilies are left paying the bill. cil of Economic Advisers, who noted in cause someone had a high-powered lob- byist. We need to clean up our Tax If you look at this on the individual the Wall Street Journal this week that side, the top 1 percent wealthiest corporate tax reform is likely to boost Code, we need to reform our Tax Code, and we need to do it in a way that Americans in this country are going to household income by $3,500 per year. get an average tax cut of $65,000—that There are lots of analysts, lots of ex- helps the middle class and doesn’t add is per person, on average. If you are in perts who are looking at these pro- more big breaks for big corporations. that top 1 percent, an average family posed changes to the Tax Code and the Unfortunately, this Republican plan will get a $65,000 tax cut. That means tax reform that we are attempting to does the opposite of tax reform. What that 48 percent of the benefit of all the get through the Congress this year and it does is doubles down on big tax tax cuts in this Republican plan goes onto the President’s desk, and they breaks for big corporations and the to the top 1 percent. Let me say that have concluded that not only will it re- superwealthy. again and just flip it around. The top 1 duce taxes—the tax burden, the There is a headline today based on percent wealthiest households are amount of tax that is paid by middle- the analysis. The New York Times going to get 48 percent of the dollar income families in this country—but looked at it. ‘‘Republican Plan Would benefit of this tax cut. That doesn’t the reduction in the rates on busi- Raise Taxes on Millions’’ of middle- sound like a plan focused on improving nesses will also increase the number of class families. I can tell you that is the situation of middle-class taxpayers. opportunities for better paying jobs very true in my State of Maryland. In They are the ones who are going to and higher wages and it will raise that fact, it is going to be true in States have to finance many of those tax cuts annual income—that average house- throughout the United States of Amer- for the very wealthy and big corpora- hold income—that is so desperately in ica. We are going to see millions of tions. need of a boost. middle-class families paying more It has been a rough few years for the under this plan. In fact, this analysis I know our Republican colleagues American economy and for American that is discussed in the Times found recognize what a vulnerability this is workers. I think all you have to do is that 45 percent of middle-class families because our colleague, Senate majority to look at the numbers and you know will see a tax increase under this plan leader Mr. MCCONNELL, said about the that most Americans haven’t seen a once it is fully implemented. That tax bill in an interview last Saturday: pay raise in almost the last decade. means that families making between ‘‘At the end of the day, nobody in the But with comprehensive tax reform, roughly $50,000 a year and $160,000 a middle class is going to get a tax in- the next few years—and the next few year—about half of them are going to crease.’’ To understand what that decades, for that matter—can look end up paying higher taxes under the means, he is saying that not a single very, very different. Republican plan. middle-class household out there in the Republicans’ tax reform legislation is Here is one of the double standards country is going to see their taxes go going to provide direct relief to hard- that you see continuing throughout the up. Well, I don’t know what tax plan he working Americans, and it is going to Republican tax plan: Big corporations is talking about, but it is certainly one create the kind of economy that will not only get big tax cuts—$1.5 tril- that hasn’t seen the light of day yet give workers access to more jobs, to lion—but they are going to go on for- because the bill that has come out of better opportunities, and to higher ever. In middle-class families, many the House will raise taxes on millions wages, not just for the near term but people will see an immediate tax in- of middle-class families, and that is a for the long term. crease. Others will initially see a little fact. I look forward to working with my tax cut. But for individuals and fami- Just the other day, in an interview colleagues on the Senate Finance Com- lies, it is the great disappearing tax on , Speaker RYAN said: ‘‘We mittee, under the leadership of Chair- cut—a little sweetener to make the bill are making sure every middle income man HATCH, to put the final touches on look good in the early years, but the taxpayer is a winner here.’’ Every mid- our bill and to take it up in the com- bill takes away all those tax cuts for dle-class taxpayer is a winner here. mittee next week. Then, I hope we can middle-class families, on average, and Well, that is certainly not true of the bring that bill to the floor of the Sen- then actually increases the burden on a plan that was just marked up in the ate and have an open debate, process family of four making $59,000 under the Ways and Means Committee of the amendments, and pass something plan. House because there are a whole lot of through the Senate that we can con- For corporations, a $1.5 trillion tax families in the middle class who are big ference with the House of Representa- cut over 10 years—permanent. For losers under the Republican plan—in tives, put it on the President’s desk, folks in the middle, many will see an fact, millions of them around the coun- and move our economy in a direction immediate tax increase, and the tax in- try.

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.015 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7043 I don’t know what plan they are talk- Maryland or any of our States, you you are going to take away incentives ing about. I am looking forward to see- don’t get to deduct the taxes you pay for people to hire our veterans. But you ing the Republican plan that doesn’t to your State and local governments. are going to keep the hedge fund loop- raise taxes on any middle-class family So you are paying taxes twice on that hole and you are going to give a $1.5 in the United States. That should be dollar—once to the State government trillion tax cut to big corporations. our policy. We should not be increasing and again to Uncle Sam out of the That is what this bill is all about. the burden on middle-class families in same dollar. Finally—and I am going to talk order to finance a $1.5 trillion tax cut Fitch Ratings looked at this and con- about this at greater length some other for big, multinational corporations, cluded that it will put dramatic strains time—look at the international tax but that is the way it is right now. on State and local budgets since people provisions in this Republican bill and Homeowners are going to be espe- in those States are not going to be able how they are structured. I really urge cially hard hit under this Republican to take those tax deductions. Either my colleagues to take a look at this. plan because a lot fewer homeowners you are going to see dramatic cuts to They actually increase the incentives will utilize the mortgage interest de- school funding or healthcare, or you for U.S.-based businesses and compa- duction, and the Republican plan also are going to see State and local govern- nies to move their operations overseas. slashes the deduction for State and ments raise the property taxes in those That is for two reasons. No. 1 is that local taxes. In fact, they eliminate States. So you get hit coming and when you reduce the international tax your option to deduct State and local going if you are a middle-class home- rates—when you say, essentially, that income taxes. The result is going to be owner. a U.S. corporation that moves its jobs that a lot of middle-class homeowners This also damages our economic de- overseas now just pays the tax in that are going to pay a lot more. That is velopment efforts in many parts of our country and has no U.S. tax obligation; why the Realtors oppose this bill. country. It repeals the new markets we, under this bill, are at 20 percent— These are the folks in our neighbor- tax credit. While it doesn’t get rid of you still have an incentive, obviously, hoods who are buying and selling what President Trump said was a huge to move your operations to a very low homes. They are folks who have their giveaway, the hedge fund loopholes—I tax place like the Cayman Islands. ears to the ground in our communities. can’t remember how many times dur- But, then, there is an effort to ad- Here is what the president of the Na- ing the Presidential campaign Can- dress that issue in this bill. The prob- tional Association of Realtors said didate Trump talked about how the lem is the effort to address that provi- about this bill: It ‘‘threatens home val- hedge fund tax break was a total give- sion doesn’t work at all. Here is the ues and takes money straight from the away. That is not eliminated in this current situation: A lot of corporations pockets of homeowners.’’ Republican bill. They keep the big try to park what are known as their in- In fact, they had a study done by hedge fund loopholes, but here is what tangible assets in the Cayman Islands PricewaterhouseCoopers that said that they get rid of. They get rid of the abil- or other tax havens. These are things if you are a homeowner and your in- ity of people with high medical ex- like the value of patents. You make a come is between $50,000 and $200,000, ad- penses to deduct those expenses from great discovery, and you get a patent justed gross income, you will see an av- their taxes. from the U.S. Patent Office, and you erage tax increase. They also predicted They even take away the additional make royalties off of that patent. that home values across the board standard deduction that currently ap- Then, you have a lot of good lawyers, could drop by 10 percent, and it is not plies to taxpayers who are at least 65 and essentially you park that patent in clear when they would recover their years of age or who are blind. There are the Cayman Islands. That really has no value. many folks who are in that category tax obligations, so all the profits that The National Association of Home who are also going to see their taxes go derive from that patent are not subject Builders is also opposed to this legisla- up. Seniors are going to see their taxes to any tax—or maybe 1 or 2 percent tion because of the impact it will have go up, which is why the AARP has tax. raised the alarm about that provision on home ownership and the prices and So in this Republican bill, there is an value of people’s homes around the and others. While they keep the big hedge fund effort to try to address that issue—at country. They said: least it pretends to address the issue— The House Republican tax reform plan loopholes, they get rid of the ability of families who adopt children to take a but the problem is that it doesn’t. abandons middle-class taxpayers in favor of Here is what they say. They say: high-income Americans and wealthy cor- tax credit to help cover the costs of porations. The bill eviscerates existing hous- adoption. Well, we are going to catch you if you ing tax benefits by drastically reducing the They get rid of provisions of the Tax park your money in a place like the number of homeowners who can take advan- Code that help students and teachers Cayman Islands because we are going tage of mortgage interest and property tax and schools. If you are a teacher who to have a tax of 10 percent—a foreign incentives. has been spending money to buy text- high-return tax is what they call it. I think all of us know that this is not books and other materials for your The way they determine whether you some left-leaning group. We are talk- class, you used to be able to deduct the are making an excess profit is you look ing about the National Association of costs of what you are buying to help at your tangible assets in that country Home Builders finding that the Repub- your kids. They take that away in the and you determine whether the profit lican plan abandons middle-class tax- same bill that they give big corpora- you have made is over 8 percent. That payers in favor of high-income Ameri- tions a big $1.5 trillion tax break. If is the way it approximately adds up cans and wealthy corporations. That is you are a student who has been strug- under this bill. But here is the prob- their finding based on their analysis of gling to afford college bills, you no lem: It is an average international the bill. longer get to deduct the interest on minimum tax, not a per-country min- Here is the catch. It is that double your student loans. imum tax. standard again. Just as I said earlier, If you are an employer who is cur- So let me tell my colleagues what a you have the tax cuts for big corpora- rently receiving an incentive to em- company that wants to reduce its tax tions going on forever, but there is ploy veterans who have served our obligation does. They move their com- much less tax relief for some middle- country, sorry, that is gone too. pany offshore. They take a company, income taxpayers, and it takes effect So I want to get this straight. You say in Baltimore, MD, that is worth early but then phases out. You also are going to take away the ability of $100 million, and they are making a $5 have a situation where, if you are a big people with high medical expenses to million profit today here in the United corporation, you get to deduct all of take a deduction. You are going to States and they will be taxed at 20 per- your State and local taxes. In fact, if take away the ability of college grad- cent, and then they have this profit you are a multinational corporation uates to take a deduction so that their from the Cayman Islands at $2 million. and you are in China, you get to deduct expenses are more affordable. You are Under that previous provision I talked taxes you pay to the Government of going to take away the ability of peo- about—this effort in the Republican China. But if you are a household in ple to get the adoption tax credit. And bill to protect against what they call

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.017 S07NOPT1 S7044 CONGRESSIONAL RECORD — SENATE November 7, 2017 high-return tax areas—they would nor- has tax relief targeted at middle-class I would refer my colleagues to the mally have captured some of the in- families. He is right about the fact that work of the Permanent Subcommittee come generated from profits in the it has a lower rate for our multi- on Investigations; again, bipartisan Cayman Islands. But when I move my national businesses, but he also knows work about the fact that we have to fix company from Baltimore to, say, the that our current system is absolutely this broken Tax Code. United Kingdom, I actually then escape broken, and what is occurring is pre- The Congressional Budget Office, having to pay that tax on my monies cisely what he is suggesting might which is the nonpartisan group here on in the tax haven. occur if we were to change the code, Capitol Hill that gives us advice on the So the bottom line is that this Re- which is companies and jobs and in- impact of tax reform on the economy, publican bill, because it has this aver- vestment are going overseas. on deficits, on revenues, has a report age 10 percent minimum tax provision, He talked about the fact that we which says that if you do lower the is going to encourage American busi- haven’t had hearings. Since I got elect- business tax rate to make these compa- nesses and companies to move over- ed to the Senate in 2010, we have had 70 nies competitive—again, the alter- seas. If that is not what the intention hearings in the committee I serve on, native is going overseas—the benefit of is, I urge my Republican colleagues to which is the Finance Committee. I that goes to shareholders, goes to fix this right away. It hasn’t been would encourage people to look at workers. They say in their analysis talked about much. what we did 2 years ago. We set up five that 70 percent of the benefit goes to There have been a couple articles re- bipartisan task forces on tax reform. I higher wages and more benefits for cently about it. Gene Sperling, Kim cochaired one of them. It was actually workers. Clausing, and others have gone through on the very topic my colleague was Think about it. That makes sense. If the economics of this, and it would talking about. a company is not competitive, they make the situation a lot worse com- I would encourage him to look at the can’t pay the kinds of wages we want pared even to today in terms of these working group paper on international them to pay. We want to get wages up. incentives. tax reform and the need for us to go to They can’t pay the kinds of benefits we The bottom line is, in addition to a lower rate—20 percent—to be com- want them to pay. We want to get ben- this being a $1.5 trillion tax break for petitive, to get just below the other in- efits up. So although I hope that we can have big, multinational corporations, paid dustrialized countries, and then to a spirited debate about aspects of this for and financed by folks in the mid- have the opportunity to go to a new legislation, we should stick to the dle—which, even after you see the mid- type of tax system that enables us to facts. We should not attempt to make dle-class families pay more, results in bring back the money that is locked this yet another partisan issue in this a $1.5 trillion addition to the debt, but out overseas. Unbelievably, there is town, where we are attacking some- even after all of that—after the big tax $2.5 trillion to $3 trillion of earnings thing not so much on the merits but giveaway to big corporations, it has an that are overseas. Much of that could because the other side thought about incentive to add insult to injury for be brought back, and that is what this it. them to move their businesses and fac- tax proposal does. I will tell you, when you look back tories offshore. Significantly, that report my col- historically, it isn’t just the working I hope we will take a big step back leagues will see was coauthored by two group that Senator SCHUMER and I co- and stop rushing a bill through as a Members of this body, one Republican chaired on this international front matter of political imperative. We need and one Democrat, because all of these where we have to get this rate down. to get this right. We should have hear- task forces, these working groups, were We have to become competitive. We ings. We should have folks from all dif- bipartisan. My colleague in that effort have to save our jobs here. But look at ferent walks of life and folks who will was a Senator from New York by the another bipartisan effort that is talked be impacted by this bill in many dif- name of CHUCK SCHUMER, who now hap- about a lot and is not agreed to by all ferent ways come and testify to Con- pens to be the Democratic leader. Democrats or all Republicans; that is, gress about this bill. Then, let’s get to- So I think there is a consensus, at the Simpson-Bowles proposal. This was gether on a bipartisan basis and actu- least in the real world, about the fact several years ago. They looked at the ally do something that works for the that our current Tax Code is hopelessly tax policy and deficit issues. Simpson- American people, not something that is broken and we have to fix it. And if Bowles—totally bipartisan, supported going to clobber the middle class and you are against helping our companies by a bipartisan group of U.S. Senators provide this huge windfall tax break to to stay American companies, that who, at the time, were on that commis- big multinational corporations, while must mean that you believe that they sion—said that we ought to go to this encouraging them to suck jobs and fac- ought to become foreign companies, lower rate and territorial system. This tories from the United States overseas. which is exactly what is happening. To is not a partisan issue or at least it We need to start again on this. I urge me, it is an outrage that the U.S. Con- hasn’t been until now. Let’s not make my colleagues to do that. gress is allowing this to happen. it one. I yield the floor. Ernst & Young, which is a public ac- Yes, it is true that there is tax relief The PRESIDING OFFICER (Mr. counting firm, recently came out with in this proposal. The proposal the HOEVEN). The Senator from Ohio. a study showing that 4,700 companies House has proposed—the proposal the Mr. PORTMAN. Mr. President, I that have become foreign companies Senate is likely to propose later this don’t know where to begin. I want to over the past 13 years would still be week—does have tax relief, and we be- speak about the tax reform proposal American companies if we had the kind lieve that tax relief is appropriate. but will start by responding to my col- of tax reform proposal that we are pro- We believe we have to give middle- league from Maryland—and he is a col- posing. In other words, if you had this class families in my home State of league and friend—to say that he must 20 percent rate I talked about, this Ohio and around the country a little be talking about a different tax reform competitive international system, you break right now. Why? Because they proposal than we are talking about be- would have 4,700 more American com- are seeing their expenses go up, espe- cause, frankly, so much of what he said panies here, providing jobs, making in- cially healthcare, but also other ex- is not consistent with the legislation vestments, contributing to their com- penses. I say ‘‘especially healthcare’’ that I have seen the House proposing munities. because that is the single largest in- and certainly not consistent with the It does matter that a company is crease in expenses; it is in the legislation we are talking about here in headquartered here versus healthcare area—deductibles, copays, the Senate. headquartered overseas. We have done premiums—but also on food, housing, Let me start with his claim that an analysis of this. We have done an in- and other costs, including tuition if there is a $1.5 trillion tax cut for big vestigation of this. We have deter- you are trying to send your kids to corporations. That is simply not true. mined that when companies leave, they school. These expenses have sky- You can look at the House proposal be- don’t just change their headquarters, rocketed, yet wages are flat, meaning cause it is now out. You can see the they take investment and jobs with people are facing this middle-class fact that it does have tax relief, and it them. squeeze.

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.018 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7045 We hear a lot of discussion on both tax reform proposal to incentivize Why do I say that? Because the projec- sides of the aisle about the fact that we them to stay in America and to attract tions we have to use are very conserv- want to help the middle class. One way more foreign investment here in this ative. The Congressional Budget Office to help is to help the family budget, to country so an American company can is what we are using, and we are get a little relief to these families so pay that premium for a foreign sub- obliged to do that, which is fine. It is a they can make ends meet and not just sidiary, rather than the other way nonpartisan group. They are saying live paycheck to paycheck. around now, where American compa- economic growth over the next 10 years It will also help the economy. It will nies are not just inverting. We have will average about 1.9 percent of help get more money into the economy heard this word ‘‘inversions,’’ going growth. The average over the past 30 to buy that car, to buy that appliance, overseas and buying a foreign com- years is about 2.5 percent. So they are to help move the economy forward. It pany. They are actually being taken saying our economy is not going to is part of this reform bill—yes, it is— over by foreign companies. grow as fast as it has in the last 30 and we are proud of it. That is the reality. We can’t let it years. We will see. In the last two quar- We also provide some tax relief on continue. We have to stand up and be ters, the economy grew at 3 percent the business side to help small busi- counted, stand up for the middle class, and 3.1 percent so they don’t seem to nesses. These are the so-called pass- stand up for our workers who are now be on track with where the economy is through companies. About 90 percent of competing with one hand tied behind going right now. the businesses in America don’t pay their back, whether it is a big auto More importantly to me, these pro- their taxes as companies. They are not company like in my home State of posals are pro-growth proposals— corporations in that sense. They pay Ohio—I toured five of these auto fac- whether it is help with regard to the their taxes through their individual tories over the last couple of weeks, business rate, which gets it below the tax return. They are called pass- talked to them about the tax reform rate of other industrialized countries through companies. Some call them proposal and how it would work. They rather than the highest rate in the en- LLCs, subchapter S, or sole proprietors gave me their input. It is going to help. tire industrialized world, which is or partnerships. These companies tend By the way, it is going to help whether where we are now. We have the highest to be smaller companies, they tend to you are a U.S. company or a foreign rate in the industrialized world, and we be family-owned. They need a little company. If you are a foreign auto- are getting it below the average. That help too. So the proposal does provide maker here in America or you have will increase investment and economic significant relief for those small busi- other foreign investments, a lower rate activity and jobs and, therefore, rev- nesses. In the House proposal and the and immediate expensing—in other enue. Senate proposal, it is hundreds of bil- words, being able to write off your in- If it is the immediate expensing,— lions of dollars out of the $1.5 trillion vestments and equipment as you make again, where you can write down your tax relief. We think that is appro- them—that is all good for you too. So investments right away—that will in- priate. it will have both, the desired effect of crease investment in jobs, according to Finally, again, on the business side, helping American companies be com- all the economists who look at that. it will help make companies competi- petitive but, also, if you have foreign They may differ on how much. tive to get the rate down so they can direct investment in your State and If you look at the international side, attract investment into America rath- your community, they should be en- where we are going to bring back some er than having that investment and couraged to put more money in Amer- of that $2.5 trillion to $3 trillion that is jobs going out of America, which is ica rather than somewhere else. If you stuck overseas, that certainly is going what is happening now. There are 4,700 are a Japanese automaker and you are to be invested here in this country and companies that would be American looking around the world asking: Do I help with regard to economic growth. companies today if we had this tax pro- put that next investment in China, do There are a number of provisions. I posal in place over the last 13 years, I put it in Tokyo, do I put it in Europe talked about the small business provi- but we didn’t, and we should learn from and Germany, or do I put it in Amer- sions earlier which will help small that. It is Congress’s responsibility to ica, you will like this proposal because businesses to be able to innovate, to be act to keep that from happening in the you will want to invest and be part of entrepreneurial, which is what we need future. this too. That will help us give this more of—more new starts. That is That is what this tax reform is about. economy a needed shot in the arm. going to help. It is about three things. It is about a There has been a lot of talk—and I All of that together is going to help middle-class tax cut allowing people to heard it again today on the floor—that with economic growth. How much? In- keep more of their hard-earned money. this is going to be bad for the deficit. I stead of the 1.9 percent conservative es- We think that is appropriate in these think there will be about $44 trillion of timate they have made for the next 10 times. new revenue coming in, estimated, over years, let’s say it grows 0.4 percent It is about helping to make our com- the next 10 years. Yes, out of that more than projected. I would attribute panies more competitive because we amount of money, we are suggesting a at least that much to this tax reform want more jobs and higher wages. Part $1.5 trillion tax cut relative to the proposal because of what we just of dealing with the middle-class score—the budget—we have to use. talked about, but if you believe it is squeeze is to provide a little help with What does that mean? About $500 bil- going to grow at 0.4 percent more than the family budget with tax relief. Part lion of that is simply saying, the Budg- projected; in other words, instead of 1.9 is to get wages up. When people look at et Office says the existing tax policy in percent, 2.3 percent—2.3 percent growth this tax reform proposal—right, left, or place is only temporary. Some of it is would be below the average over the center—they are going to say the same only temporary. These are the so- last 30 years—then you will actually thing: This is going to incentivize more called extenders. We know that is un- see the deficit start to come down be- investment. Some think more, some likely because we have always pretty cause of this tax reform proposal be- think less, but that investment in a much made these permanent, including cause the revenue will be there, not tight labor market, as we have right a big one called bonus depreciation, just to make it revenue neutral, but now, is going to result in more com- which is most of that. Right away we beyond that we will actually pay down petition for these workers, therefore, think the way it is scored is not fair so the deficit. We haven’t done that in a pushing wages up. That is what we we get down to about $1 trillion in tax while. want. That is what this is about. It is relief over 10 years, again, with $44 tril- Back in 1997, 1998, 1999, 2000, we went exciting. lion coming in. through this before. We began to re- Third is to level the playing field What does that mean? It means you duce the deficit annually. Do you know internationally so American companies have to have a little more economic how it happened? Constraining spend- will not be going overseas. That is the growth than is projected in order to ing helped, and that is part of our chal- whole point. We are not doing this tax not have a deficit and actually pay lenge in the Congress—how do we get reform proposal to encourage compa- down the deficit through more revenue our hands around the spending—but nies to go overseas. We are doing this coming in. I think that will happen. second is growing the economy. In that

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.020 S07NOPT1 S7046 CONGRESSIONAL RECORD — SENATE November 7, 2017 case, the capital gains rate of taxation stick to the facts. Let’s not make this At the same time, we remember that was reduced. Then, suddenly, in the partisan. Let’s stick to the merits. these heartbreaking events came just late 1990s, about $100 billion of revenue Let’s try to help the American people 35 days after the deadliest mass shoot- that nobody expected showed up in the and our economy. ing in our Nation’s history, when 58 coffers. That is how we got to a so- Then we will come to the floor of the were killed and hundreds were wounded called balanced budget a few years U.S. Senate, and the same thing will in Las Vegas last month. But as we early because tax revenues were great- happen—an open process. Every desk look ahead, we cannot escape the fact er than expected. you see in here represents a Senator that we can, and must, do more to keep I believe this will happen again. I be- who will have the opportunity, should our communities safer. While no one lieve that when you look at this pro- he or she wish, to offer an amendment, policy will prevent every tragedy, we posal, it is conservative in the sense to have a debate, to discuss the issue. need to come together on commonsense that it says: Yes, let’s provide needed It will be spirited at times, but, again, proposals that would save lives. middle-class tax relief. Let’s also do I hope it will lead to a result that actu- I appreciate the words of my col- these things to grow the economy. ally helps do the things we were elect- leagues about mental illness and fund- Let’s assume that because of all this, ed to do: to give our constituents—the ing for mental illness. I think that is we are going to be able to improve the people we represent—the chance to very important. I come from Min- economic performance that is pro- have a better life; to give middle-class nesota, where Paul Wellstone was one jected. families a little relief as they are fac- of the leaders in making sure that It is a pretty disappointing projec- ing this middle-class squeeze; to help mental illnesses got covered by insur- tion. Let’s face it, 1.9 percent growth grow this economy from the middle ance, and I think we need to do that isn’t great for any of us. It isn’t great out, from the bottom up, from every- and more. to deal with the issues of poverty. It where; to give us the ability to say, Another area where we have found isn’t great to deal with the issues of once again, that America is that shin- some consensus in this Chamber is im- entrepreneurship and innovation. It ing example, that beacon of hope and proving background checks. My col- isn’t going to help us to afford the enti- opportunity for the rest of the world. leagues Senator MANCHIN and Senator tlements that are growing. We need That is what this is about. TOOMEY have made that clear, and I better growth than that, we want more Let’s not blow this opportunity. Let’s supported their background check leg- growth, and I think tax relief is the get it done, let’s get it to the Presi- islation in 2013. But the fact remains single-most important thing we can do dent’s desk for his signature before the that we didn’t pass that bill in the Sen- right now. end of this year, and let’s make good ate. We fell short, and it was a dis- Yes, we should have more regulatory on the commitments we have made to heartening day. relief. Yes, we should do better in our constituents to help create a better I remember having the parents of terms of getting the cost of healthcare economy and a better future. some of the Sandy Hook victims in my office that morning. Yet what hap- under control. People are concerned I yield the floor. pened that day—you have to contrast about costs rising so fast, and we The PRESIDING OFFICER. The ma- it with where the American people are. haven’t been able to grapple with that jority leader. Mr. MCCONNELL. Mr. President, I Consistently, whether it is with public issue. Yes, we should do more on work- ask unanimous consent that notwith- opinion polls or whether it is when you er training. We have a skills gap in this standing rule XXII, at 4:30 p.m. today, talk to people you meet when you are country. We have jobs available, and Tuesday, November 7, there be 30 min- at home, we have seen that Americans yet we don’t have the skilled workforce utes of post-cloture time remaining on from across the political spectrum sup- to take those jobs. Yes, we can do more the Engel nomination, equally divided port commonsense proposals to require in terms of helping grow the economy between the leaders or their designees; background checks, such as requiring through education and other things, that following the use or yielding back background checks at gun shows. And but the one policy area that is crying of time, the Senate vote on the con- they support that by wide margins. out for reform is our tax system. It is firmation of the Engel nomination; and By the way, I look at this from a antiquated. It is out of date. It is driv- that if confirmed, the motion to recon- State that has a lot of households that ing jobs overseas. It makes no sense. It sider be considered made and laid upon have guns. We are a proud hunting can be simplified, and this simplifies the table, and the President be imme- State. And with every proposal I look the Tax Code. It can be made more fair, diately notified of the Senate’s action; at, I always think of my Uncle Dick and this makes it more fair by helping further, that there be 2 minutes, equal- and how he used to love hunting and the middle class more. It can encour- ly divided, prior to the cloture vote on sitting in his deer stand. I think: Does age economic growth, and it does so the Robb nomination. this hurt my Uncle Dick and his deer through small business relief and relief The PRESIDING OFFICER. Without stand? And I don’t think that the for our multinational companies. It objection, it is so ordered. Manchin-Toomey bill would in any can help bring back trillions of dollars Mr. MCCONNELL. Mr. President, I way. When I look at these things, I stuck overseas. That is what this does. suggest the absence of a quorum. have to evaluate them that way be- That is the whole idea here. The PRESIDING OFFICER. The cause I know how many proud and law- I am excited about this opportunity. clerk will call the roll. abiding gun owners we have in our The House of Representatives is work- The bill clerk proceeded to call the State. But I don’t see that closing this ing on their legislation now in com- roll. gun show loophole by doing something mittee. Next week, that will shift to Ms. KLOBUCHAR. Mr. President, I more about background checks would the Senate and the Senate Committee ask unanimous consent that the order hurt that hunting tradition in any on Finance. We will have the oppor- for the quorum call be rescinded. way. tunity for an open process. As I noted, The PRESIDING OFFICER. Without When I talk to law enforcement we have already had 70 hearings in the objection, it is so ordered. around Minnesota, they stress the im- Finance Committee just over the past 7 GUN VIOLENCE portance of having effective back- years since I have been in this Cham- Ms. KLOBUCHAR. Mr. President, I ground checks to stop felons, domestic ber. We have had working groups, in- come to the floor today to call atten- abusers, and people who are prohibited cluding the bipartisan one I mentioned tion to the tragedies that have been from having easy access to guns from earlier, the five bipartisan working caused by gun violence across our having that access. If you remember, groups of that committee. country, including the most recent at- part of the Manchin-Toomey proposal We will have the opportunity at our tack, which left at least 26 dead after a was to do more on sharing data and hearing next week to have an open lone gunman opened fire at a church in getting the data out there. These ef- process—anybody can offer an amend- Texas on Sunday. I join my colleagues forts should not and do not have to in- ment—and open discussion. We will in mourning for the victims and their fringe on Americans’ rights to own have an interesting debate. It will be families. Our thoughts are with them guns. spirited. As we saw here today, we have and all those affected by what hap- Another sensible measure that came some differences of opinion, but let’s pened in Texas. out of the tragedy in Las Vegas, which

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.021 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7047 we should take action on, is Senator priorities. They weren’t supposed to nesses agreed that a major portion of FEINSTEIN’s legislation to close a loop- have guns, and when they did have the bill was a good idea. At that hear- hole that allows bump stock devices to guns, we had to take it seriously. I will ing, we heard from Sheriff Christopher convert semiautomatic firearms into tell you, some of the most disturbing Schmaling of Racine County in Wis- weapons that work like fully auto- cases that we saw involved people with consin. He testified about the connec- matic guns. Law enforcement recov- a documented history of harassment— tion between stalking and guns being ered 12 of these devices from the hotel of stalking, of domestic violence—be- used in violence against women. In his room of the shooter in Las Vegas last cause you would see it building and testimony, he told the story of one month. building, and sometimes it would be woman from Wisconsin who, he said, I hope we can find some common against one victim, but often we would had changed his career. This woman ground. Some of our colleagues across find out that there were others and had endured 3 years of a violently abu- the aisle have voiced some interest in that it was a pattern of behavior, and sive marriage before divorcing her hus- this, and I hope we can do something one horrible case would erupt into band. She then took out multiple re- when we know that would have been homicidal violence. straining orders against him over sev- helpful in that shooting. There was one case I had heard of eral years. That horrible day in 2004, he Another area where we can find com- where a woman was shot to death by threatened her with a handgun, beat mon ground is in taking action to pro- her boyfriend. He killed her and then her with a baseball bat, bound and tect those who are at risk of gun vio- killed himself while both of his kids gagged her, and left her in a storage lence from domestic abusers. We were were still in the house. It was ulti- unit to die. Through what he described reminded of how important this is mately his 12-year-old daughter who as some good breaks and some great again this week, as reports have re- went to the neighbors for help. The luck, the Sheriff and his partner res- vealed that the gunman in the Texas worst part of the story is that it could cued Teri before she died. As a result of shooting had a history of domestic vio- have been prevented. In the 2 years the ordeal, she had a miscarriage and lence, having been court-martialed for leading up to the murder-suicide, the had to have her toes surgically re- assaulting his wife and child in 2012. He police had been called to the boy- moved. In his testimony, the Sheriff was sentenced to 12 months of confine- friend’s residence at least five times to talked about the importance of my ment and received a bad-conduct dis- resolve domestic disputes. Yet some- bill’s provision to extend the protec- charge from the Air Force. There are how the man, with a history of vio- tions in current law to include dating also reports of ex-girlfriends and others lence like this, was able to have a gun partners so that abusers would not be who reported similar conduct. in his hand on the day he killed his able to buy a gun if they are convicted I am sure the facts will be unveiled, girlfriend. of beating up their girlfriend or boy- but what I do know, regardless of what I wish I could say that it was a rare friend, regardless of whether they lived the facts show right now, is that this tragedy, but the truth is, studies have together or had a child. connection between domestic violence, shown that more than three women per As the sheriff said, ‘‘Dangerous boy- stalking—those kinds of activities— day lose their lives at the hands of friends can be just as scary as dan- and some kind of homicidal behavior is their partners, and over half—this is an gerous husbands; they hit just as hard, something that has been well estab- average—of the women murdered by in- and they fire their guns with the same lished. According to recent research, timate partners in the country are deadly force.’’ more than half of mass shootings be- killed with guns. Many times these This is a simple point that you would tween 2009 and 2016—that is 54 per- tragedies begin with incidents of stalk- think we could all agree on. Sadly, we cent—involved some kind of domestic ing. still have not been able to pass this or family violence. Research has shown that one in six bill. Before I came to the Senate, I spent women has experienced stalking some- Mr. President, I ask unanimous con- 8 years as the top prosecutor for Min- time during her lifetime, and 76 per- sent that the sheriff’s written testi- nesota’s largest county, so I have seen cent of women murdered by intimate mony be printed in the RECORD. that connection. And I have seen the partners were first stalked by their There being no objection, the mate- connection between a history of domes- partner. It is for this reason that a rial was ordered to be printed in the tic violence or stalking that later leads number of years ago I introduced a bill RECORD, as follows: to a more serious crime. That is why it called the Protecting Domestic Vio- WRITTEN TESTIMONY OF SHERIFF CHRISTOPHER is so important that we have protec- lence and Stalking Victims Act to SCHMALING—JUDICIARY COMMITTEE HEARING: tion orders, and that is why it is so im- close some of these loopholes in our ex- ‘‘VAWA NEXT STEPS: PROTECTING WOMEN portant—as I look at the record of the isting laws. My bill would make sure FROM GUN VIOLENCE’’—JULY 30, 2014 shooter—that these cases be taken se- that those who are convicted of mis- Chairman Whitehouse, Senator Grassley, riously, so you actually get that mis- demeanor crimes of stalking are not Senator Leahy, members of the Committee, demeanor conviction on the record or able to buy guns. It would also expand thank you for hosting this hearing today, you actually get a felony conviction or the definition of a domestic abuser to and thank you for the opportunity to testify. you do something about the stalking My name is Christopher Schmaling. I am include dating partners. The second the sheriff of Racine County, Wisconsin and behavior when it is reported to law en- part—when we had a hearing on this have been a law enforcement officer for 19 forcement. bill on these issues in the Judiciary years. I am a conservative Republican, and When I was the county attorney in Committee, even the Republican wit- I’m here today to ask you to pass two laws Hennepin County, we would have cases nesses who were called supported the that will protect our sisters, our mothers, we would sometimes pursue when a vic- dating partner idea because so many and our daughters by keeping guns out of the tim had reported it and the police had States have started to do that. hands of domestic abusers. The first bill is gathered evidence—even if the victim I introduced the legislation this the Protecting Domestic Violence and Stalk- later backed away and was afraid to time. It has been bipartisan in the ing Victims Act of 2013, which will block abusive boyfriends and convicted stalkers testify—because we knew it had hap- past, but the Republican Senator on from possessing guns. The second is a bill pened, we had the original testimony, the bill is no longer in the Senate, al- that would require criminal background and we had the evidence at the scene. though it is bipartisan in the House. checks for gun sales by unlicensed sellers. We trained the police on getting the But this time I introduced it with Sen- More than half of the women murdered evidence at the scene so that we were ator HIRONO and Senator FEINSTEIN, each year are killed by intimate partners or able to actually make those cases. And the only other two women on the Judi- family members. That’s 48 women killed by you think about, in that instant, mak- ciary Committee of 20 members. Con- husbands and boyfriends each and every month. We know that people with a history ing those cases; no matter how hard it gresswoman DEBBIE DINGELL from of committing domestic violence are more can be sometimes when you have a Michigan is leading the same bill in likely to become killers—and we know the scared victim, it is really important. the House, and her bill, as I noted, is role that firearms play: When a gun is When I was in the county attorney’s bipartisan. present in a domestic violence incident, the office, I made prosecuting felons in In 2014, we had a hearing on my bill. chances that a woman will be killed increase possession of firearms one of my top As I said, even the Republican wit- by 500 percent.

VerDate Sep 11 2014 00:33 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.024 S07NOPT1 S7048 CONGRESSIONAL RECORD — SENATE November 7, 2017 These numbers are tragic. As the top law with the same deadly force. In fact, accord- And I’m asking you to require criminal enforcement officer in Racine County and ing to FBI data, more women are killed in background checks for gun sales by unli- over my two decades on the force, I’ve seen America by their abusive boyfriends than by censed sellers, and ensure that abusers don’t far too many of these tragic incidents first- their abusive husbands. get a free pass when they buy guns from hand. This past March, just a couple hours from them—often strangers they meet online, at I want to tell you about one such domestic Racine County, Cheryl Gilberg was killed by gun shows, or through classified ads. The bi- violence incident, a tragedy that changed my her ex-boyfriend in a domestic dispute. The partisan bill introduced last year by Sen- career. In 2004, Teri Jendusa-Nicolai was vio- killer apparently shot Cheryl with her own ators Joe Manchin and Pat Toomey would do lently abused and left for dead by her ex-hus- gun, after a struggle. According to news re- just that, and it has already received the band. Teri had endured three years of a vio- ports, she had been seeking a restraining support of 55 senators. lently abusive marriage before divorcing order at the time of the killing. But in cases I’m asking you today to stand up against him, and had then taken out multiple re- like Cheryl’s, a restraining order isn’t good abuse by fixing our out-of-date laws and straining orders against him over several enough. If you’ve never been married to your passing this common-sense legislation. years. abuser, federal law likely will not stop him Thank you for your time and I look forward That horrible day in 2004, he threatened from buying a gun. to answering your questions. her with a .38 caliber handgun, beat her with If Congress passes this bill, federal law will Ms. KLOBUCHAR. I also note that a a baseball bat, bound and gagged her, and be catching up with the states. Among the 22 justice from the Supreme Court of left her in a storage unit to die. My partner states that prohibit gun possession by do- Pennsylvania also testified on that day and I were the lead investigators on the case, mestic abusers subject to restraining orders, and through some good breaks and some 19 of those states already include abusive as the Republicans’ witness. Even great luck, we rescued Teri before she died. dating partners. And 42 of our states have though he did not agree with every- As a result of the ordeal, Teri had a mis- recognized that dating partner abuse is a thing in the bill, he also said: I abso- carriage and had to have her toes surgically form of domestic abuse by allowing victims lutely agree that we should have boy- removed. to take out domestic violence restraining or- friends, dating partners as a part. We Teri is one of the most wonderful people ders against their boyfriends. have it in Pennsylvania, OK? It is im- I’ve ever known, and has been a tremendous The second bill I’m asking you to pass portant. As the sheriff said, they can advocate for victims of abuse in the decade today would require criminal background shoot, and they can beat up people just since she was nearly killed at gunpoint. checks for gun buyers who shop with unli- We’ve become very close since then, and my censed sellers. Current federal law prohibits like anybody else. eyes have been opened to the reality of do- many abusers from buying guns, but only re- He was, actually, the Republicans’ mestic violence and gun violence. I’ve also quires them to pass a background check if witness at the hearing. That is why I become close with Elvin Daniel, who is sit- they buy a gun from a licensed dealer. This am happy that in the House of Rep- ting here beside me today, and have been is a gaping hole in the law: It means a con- resentatives it is a bipartisan bill, but moved by his sister Zina’s story. victed wife-beater can slip through the I would like to see it as a bipartisan I’m proud to say we are the first county in cracks and get a gun simply by finding a bill here in the Senate. Maybe they the State of Wisconsin to have a full-time seller who does not have his own gun store. will reconsider this now. Just as the domestic violence specialist. We work close- This is exactly what happened in Dane NRA has said that it was looking at ly with victims to figure out how best to pro- County: Tyrone Adair was a domestic abuser tect them. We’ve made this very intimate who had been convicted of battery twice, and the bump stock issue, maybe they and very deadly area a top priority for our was legally prohibited from owning a gun be- would be willing to look at this issue department. So much of the crime we face in cause of a restraining order. So instead of because they wrote kind of a fast Racine County is intimate partner abuse, going to a gun store—where he would have memo on this—it is only a page long— and any cop will tell you that domestic vio- had to pass a background check—he found an back when we had the hearing and lence calls are the most dangerous calls. The ad for a 9mm Glock in a local paper, and met when we were gaining support for the last thing a victim needs, and the last thing the seller at a hardware store. There was no bill. Remember that this is very nar- my officers need, is for these dangerous abus- background check, though the seller did ask, row legislation that is focused on mak- ers to be armed with illegal guns. and I quote, ‘‘You’re not going to go out and ing sure that dating partners are cov- We respond to domestic violence incidents kill someone, are you?’’ Tyrone Adair used differently than other calls, because these that gun on a horrific murder spree, killing ered and also people who are not are ‘‘heightened risk’’ calls—we send more his two daughters—ages 1 and 2—and killing charged but convicted of stalking. officers, we go ahead and assume that guns their two mothers. They wrote that the legislation ‘‘ma- will be involved, because they are so often Background checks work. Sixteen states nipulates emotionally compelling involved. Abusers routinely threaten to and DC already require background checks issues such as ‘domestic violence’ and shoot my deputies and I upon arrival at do- for all handgun sales, and about 40 percent ‘stalking’ simply to cast as wide a net mestic violence calls. In fact, according to fewer women are shot to death by their hus- as possible. . . .’’ FBI data, over 150 law enforcement officers bands and boyfriends in those states. And I want to make this very clear—and have been killed in action while responding background checks save law enforcement I have never addressed this on the floor to domestic disturbances. lives as well: about 40 percent fewer cops are I’m proud to have worked on a great do- killed with handguns in those states, as well. before—that this was really focused mestic violence bill in Wisconsin in 2014 These are the cops that risk their lives narrowly so that we could gain Repub- known as ‘‘The Safe Act,’’ a bill that ensures when they respond to domestic violence lican support. I didn’t really think the guns are kept out of the hands of domestic calls, rushing into the middle of very dan- NRA would support it, but I thought abusers. This bill was passed by a bipartisan gerous and very intimate situations. We see that maybe they would be neutral, and, majority and signed by our Republican gov- the terror that abusers can create when they sure enough, their witnesses at the ernor Scott Walker. This year alone, similar are armed. We see the impact on their wives hearing supported it. We have had Re- bills were passed with bipartisan support in and girlfriends, and on their children. We’re New Hampshire, Minnesota, Vermont, and major proponents of community policing in publican Senators support it in the Washington. And in Louisiana, where an- Racine County, and if I have my officers on past, and we have also had Republican other Republican governor—Bobby Jindal— the street, working closely with our resi- House Members support it. In going signed the bill into law. dents, I want to know that our laws are after the bill by saying that it manipu- The first bill I’m asking you to pass today doing everything they can to keep guns out lates emotionally compelling issues, is the Protecting Domestic Violence and of abusive hands. well, I would agree in that I am sure Stalking Victims Act of 2013, S. 1290, intro- So I’m here to speak for victims of abuse that a lot of people shed tears when duced by Senator Klobuchar. This bill would and to speak for my cops. I’ve made it a pri- watching what happened in Texas, and close a loophole that allows abusive dating ority to talk to victims. I’ve seen the esca- partners to buy and have guns—simply be- lation over the years, from yelling, to bat- I am sure that they have shed a lot of cause they are not married to their victims. tery, to homicide. When an abuser has a gun, tears when they have heard the stories And it would also block people with stalking the victims say to me, ‘‘Sheriff, is not a from people in their own communities convictions from having guns. question of if he’ll use the gun to abuse me; of the victims, of the women who had Why is this bill so important? I can tell it’s a question of when.’’ And I recognize the died at the hands of domestic abusers you firsthand that domestic violence is hor- value of preventing even one gun from wind- after years of abuse. So if they want to rific, whether or not the abuser and victim ing up in the hands of an abuser: one gun call that emotionally compelling and are married. When we send our police into may translate into one more lives saved. danger to respond to domestic violence calls, So today, I’m asking you to pass S. 1290, manipulative, that is up to them, but I we send the same folks regardless of the cou- which will apply the same rules to all abus- call it the truth. ple’s marital status. Dangerous boyfriends ers, regardless of whether they are married The other thing they said about this can be just as scary as dangerous husbands; to their victims or not—and will prohibit bill—and this was even more inter- they hit just as hard and they fire their guns convicted stalkers from having guns. esting—is the part about the stalking,

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.005 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7049 which is a major part of the legislation truly got to know the widow. She is the I imagine that He probably doesn’t see as well. That part of the bill, as I men- widow of a police officer in Lake City, political borders. I imagine He prob- tioned, just takes what we know as a MN. This was a case in which the offi- ably doesn’t care much about the dis- signal for trouble in the future and vio- cer, who was a wonderful man in a tinctions that we create to tell the dif- lence in the future, and you would ac- small town police department, re- ference between us and others. He prob- tually have to be convicted of stalking sponded to a domestic violence call ably doesn’t care much about walls and to have the gun protections apply. from a 17-year-old girl who was being fences. He cares about us as people. He The example they used—as I said, it abused by her ex-boyfriend. He went to looks at us, at how we conduct our- did not make any sense to include this, the scene in the middle of the winter. selves, and at how we treat others. and it is the only example they used— He had a bulletproof vest on and every- We spend a lot of time here talking was of two men of equal size, strength, thing because the domestic violence about the arbitrary divisions between and domestic status, joined by a civil cases can be much more dangerous us, but in the end, when we face our union or merely engaged or formally than people think, and officers know Maker, it probably is just about how engaged in an intimate social relation- this. He was shot in the head, and he we treated those around us, whether we ship, being subject to this prohibition was killed. The 17-year-old girl lived. tried to make their lives a little bit for conviction of simple assault arising This officer literally gave his life to better. from a single shoving match. save another. So I am on the floor this afternoon to Actually, this part applies to the do- There was a big funeral, and there talk about a handful of my constitu- mestic partners. I think they are really were law enforcement people there ents who need our help, young people taking this in a way that has surprised from all over our State. I will never who we have labeled with the term me since whom we are talking about forget that funeral. I was sitting there Dreamers, who came to this country are boyfriends and girlfriends and do- in the aisle, and I had learned that the not by their decision but by the deci- mestic violence, but they have changed last time that officer had been in that sion of their parents, when they were it into a shoving match in a bar with church was to see his own kids—three very, very young. They are Americans people who might have some kind of young children, two boys and a girl—in in every sense of the word. They are social relationship. I just do not think a Nativity play. He had been sitting beautiful, beautiful young men and this is a valid reason for my Repub- right in the front row of that same women, and they want us to see them lican colleagues to oppose this bill, and church, so proud of them at Christmas. as the beautiful individuals they are. I am going to keep bringing this up be- Shortly after that, he was shot. At his They don’t want to be labeled. They cause it does not make sense to me. funeral, there were those three chil- don’t want to be put into the middle of They end by saying that, whatever dren walking down the church aisle— a divisive political dialogue. They just the case may have been 30 years ago, the two young boys and the little girl want our help. domestic violence is now taken seri- in a blue dress that was covered with We all hear from them because there ously by the legal and criminal justice stars. I always think about that little is no State that doesn’t have these systems. girl in that blue dress that was covered kids. There are 800,000 who have offi- That was the reason they gave for op- in stars. This was domestic violence cially registered under the existing law posing the bill. Really? Look at what gone bad. He was a police officer who that provides them with protection. we just found that happened in the last had shown up at the scene. They are in every single congressional week when this was not just a minor When you look at these cases—we district. example of domestic assault but was a can look at the numbers; we can look I thought it would be useful for my felony. The person was court- at the stories; we can look at what has colleagues to hear from just a few of martialed, and the person was, basi- gone on on TV—you see this connec- them today because they can tell the cally, detained for a year. Yet, some- tion between domestic violence and story of why we need to give citizen- how, this was not taken seriously stalking and then, later, either mass ship, permanent protection, to these enough through our entire system to shootings or violence against one per- kids at the very least, if not their par- show up on a record check. How about son, which happens much more often. ents and others who have been waiting all of the reports that had been made It is not a coincidence. It is something for a long time for comprehensive im- by previous girlfriends and other peo- that has been well documented. migration reform. They can tell this ple about his behavior, and nothing had As we extend our sympathies and story better than I can. seemed to come up then? prayers to all of those who were af- Vania from Willimantic is a student As I mentioned, of the many cases fected by that tragedy in Texas and, of at Eastern Connecticut State Univer- that we had had in our office, even course, not too long ago in Las Vegas sity. I want to read what she wrote to when the victim had gotten scared and and in so many other communities and me. She said: decided that she had not wanted to to all of those, of course, who were also I was born in Mexico, and I was brought to pursue anything, we had felt that we victims of that act of terror in New the United States at the age of 3 and have had an obligation to her and to the York—we think of all of them—we also been living in Willimantic since. I am 19 other women we knew would come think: What can we do to make this now. I grew up in Willimantic, Connecticut, after her to pursue those cases, and, and I consider it my home. It’s where I grew better? In this case, when it comes to up, where I went to school, where I made many times, we had done that if the domestic violence and this specific friends, and where all my memories are. police had been trained and they had issue that I know a lot about from my As an undocumented student in the United been able to get the evidence at the past job, we can do something. So let’s States, you are constantly unsure of what scene. Sometimes there had been child pass this bill. your future may hold, but not because you’re witnesses and others, and we had been I yield the floor. indecisive or unsure of what you are going to able to pursue those cases and win I suggest the absence of a quorum. do, but rather because you don’t ultimately them, and we did. The PRESIDING OFFICER. The have power of your own future. At a young So to say that you don’t want to sup- clerk will call the roll. age I always knew I wanted to go to college; however, I also knew that because of my sta- port my bill because you think this The legislative clerk proceeded to tus, I might have not been able to carry out system is so great, is working so well, call the roll. that goal. However, I didn’t let it discourage and is being taken seriously by the Mr. MURPHY. Mr. President, I ask me. I like many other undocumented stu- legal and criminal justice systems unanimous consent that the order for dents did the best we could and constantly after you saw what just happened in the quorum call be rescinded. strived to be the best at anything we did, and Texas, I do not think is true. This The PRESIDING OFFICER (Mr. now, thanks to DACA, all that hard work has memo was written 2 years ago. So I STRANGE). Without objection, it is so finally begun to pay off. ordered. See, DACA is more than just a legal status; hope they will look at this again and it is the puzzle piece that many of us have DACA consider supporting my bill. been missing in order to reach our goals. It I conclude my remarks by sharing Mr. MURPHY. Mr. President, when- has allowed me to get a Social Security another story about yet another tragic ever a Higher Power is looking down on number, a driver’s license, but more impor- shooting from my State. In this one I us as we move through our daily lives, tantly, a higher education.

VerDate Sep 11 2014 01:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.027 S07NOPT1 S7050 CONGRESSIONAL RECORD — SENATE November 7, 2017 Growing up, I constantly had all my teach- compelling: I am not sure if any of that that we have put a clock on, now that ers say to me: Do good in school, try your will come through, but I am going to they have revealed themselves to the best at anything you do, stay out of trouble, continue to work hard because in my world and put themselves on a list that and you are guaranteed to go far in life. heart I know that God is bigger than can allow them to be targeted, there is Let me step out of her comments for even this moment, and I know that we a little bit of their soul that atrophies a second. Boy, if that is not an encap- will be victorious. Even in a land that every day as they wonder whether we sulation of the American dream—‘‘do would not allow me to claim it as my are going to come together and do the good in school, try your best at any- home, I want to buy a house to call it right thing. Part of the reason part of thing you do, stay out of trouble, and my home. One day I will be called an them is crumbling inside is because you are guaranteed to go far in life’’— American not just among my commu- they see themselves as being made po- I don’t think I could find a better way nity but by my Nation. litical pawns in a bigger game here. to encapsulate what we hope is the There are 4,900 DACA recipients in It would be so easy for us to decide to story for every single child in this just my State alone. I have met a lot of protect these kids. Just do it now. country. them. Frankly, maybe not everyone is Don’t wait until the end of the year. Vania said: as beautifully articulate as Faye, but, Don’t wait until this issue is mixed to- So that is exactly what I did. Most other boy, they have done some very impres- gether with all sorts of other must-pass DACA recipients did the exact same, but it sive things with their lives, maybe in legislation. Just come together right currently doesn’t seem enough for this gov- part because they always knew that now and step up and give these kids ernment. There is no longer a fight for a their status here was in jeopardy and some degree of confidence that they work permit but rather a fight for my can be here. human rights. I am just as worthy to live they had to make the most of their time in the United States, not knowing I have heard so many of my Repub- here and carry out my goals as any other lican colleagues say they want to do natural born citizenship. I have done my when it would end, knowing that they best, consistently contributed to society in a had opportunities here in the United that. Why wait? Why push this up until positive way. This is my home. I deserve to States that they simply would not and the last minute? Do it right now. It is feel safe here, and I will continue to fight for could not have if they ever went home, the right thing to do. In the end, whoever is up there does that until I do. especially those kids who came here not look at borders. He looks at us. He Mirka is from Wallingford, CT, and when they were 3 years old, going back looks into our soul. He thinks about she is a Southern Connecticut State home to a place where they might not how we treat those who need our help University student. She said: even speak the language—they cer- and our protection. And no one needs tainly know no one—a place where op- I came here from Mexico sixteen years ago. our help and protection more than I am currently a senior at Southern Con- portunity is farther off even for those these kids right now—5,000 of them in necticut State University, studying bilingual who were born there. They worked my State and 800,000 of them across the education. hard, and they hustled a little bit country. We need more good people in bilingual edu- more, knowing that they might be at cation. So my plea is simple, Mr. President: I just started student teaching last week, risk of some day being pushed out of Let’s do this and do this now. Let’s but all that is in danger. Besides being able this country. give permanent protection, citizenship, to get a license and work permit, DACA has They are Americans. Every single pathways to citizenship, to these beau- allowed me to follow through on my passion one of these students, these Dreamers, tiful boys and girls, men and women. of becoming a teacher. It has given me hope use the phrase ‘‘This is home.’’ And Don’t make this issue about politics. that I have a future career in education and they want our help. Don’t make it about parties. Don’t that I can live my life without fear of depor- I think this is a moral issue, first and tation. make these kids a bargaining chip in a foremost. It is how we treat each other. bigger game. Just do the right thing. I An in-need profession—bilingual edu- These people are our neighbors. They promise you, if you do, you won’t re- cators. Somebody willing to devote are our coworkers. gret it. their life to our kids needs our help. Eight hundred business leaders— I yield the floor. Faye in Norwalk says: CEOs from companies such as Walmart, The PRESIDING OFFICER. The Sen- I am one of the more than 800,000 DACA re- Target, Facebook, Pepsi, Kaiser—want ator from Oregon. cipients in the United States. I am from them to stay here because they are CLIMATE DISRUPTION Trinidad and Tobago and have been in the their employees. They know how much Mr. MERKLEY. Mr. President, cli- United States almost 19 years. I live in Nor- they add to the economic bounty of mate disruption is the seminal chal- walk, CT, and I have lived there for about 16 this country. They wrote to us and years. It is home to me. lenge of our generation. We have seen asked for us to provide permanent pro- the impacts occurring all around the You hear that over and over again: It tection for these kids. world. We see it in the disappearing is home to me. Seventy-five national colleges and Arctic ice. We see it in the melting per- I am currently a Lead Radiology Sched- universities, including all the ones in mafrost. We see it in the change of car- uler, and I have a second job working at my State—Yale, Trinity, Connecticut bon dioxide and methane being emitted Ulta, both of which I enjoy. My goal in work- College, the State universities—said ing both jobs is to purchase my first home. from peat bogs, disappearing glaciers, the same thing. They want to educate dying coral reefs, and certainly more That is another very critical compo- these kids. They see them. They see powerful storms and raging fires. nent of the American dream—home what stellar students they are, and It is the responsibility of those of us ownership. they just can’t imagine the United in this generation, in this time, to take Growing up, I wanted to be a homeowner. States deciding to send 800,000 of these action. Indeed, communities across the I wanted a place that I could call mine, and incredibly capable kids away. globe are taking action. They are in- with DACA I saw that as a possibility. Now One hundred eighty-six civil and creasing the energy efficiency of build- I’m not sure when or if that would come human rights groups running the ings, vehicles, and appliances, and they through, but I still will continue to work gamut say: This is a moral and civil hard because in my heart I know God is big- are replacing carbon-polluting fossil ger than even this moment, and I know that rights issue. Let these kids stay. fuel energy with renewable energy. we will be victorious. Even in a land that Because of President Trump’s deci- This is such an important issue. would not allow me to claim it as my home, sion to telegraph the end of the tem- How much do you know about the I want to buy a house of my own to call my porary protection for these students, changes underway? Well, let’s find out. home. One day I will be called American not the burden is now on us, Republicans Welcome to episode 7 of the Senate Cli- just among my undocumented community and Democrats, to do something and do mate Disruption Quiz. but by a Nation. something soon. It is hard to describe Our first question is, Since the year I mean, listen, we have some very ar- the psychological toll on these kids 2000, the rate of global carbon dioxide ticulate people in this body, Repub- right now. I mean, it was bad enough pollution has decreased dramatically, licans and Democrats. I am not sure when they were pushed into the shad- decreased slightly, stayed the same, or that any of us could write something ows. It got a little bit better when they increased substantially? Lock in your that poignant, that beautiful, and that got temporary protection. But now answers.

VerDate Sep 11 2014 01:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.033 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7051 The answer is D, increased substan- ington, DC, right here where the Cap- Of course, there are issues related to tially. Many folks think that because itol is located. This is a major eco- how we manage our forests and making of the actions being taken at the local nomic and health problem. Rats caused them more resilient to forest fires, level and by the community of nations $19 billion in economic damage in 2000 where they are less likely to burn and and the Paris Agreement, that, in fact, from, among other things, eating away emit carbon. Certainly, there is how we global CO2 pollution has decreased dra- at buildings and infrastructure, and, of farm and how we take care of other matically, but it has not. The rate at course, they are carriers of rodent- types of lands, including peat restora- which the pollution is occurring is in- borne diseases like E. coli and sal- tion and coastal restoration. creasing. So it isn’t just the total level. monella. Plus, we just simply don’t Those are our five questions for this For example, in 1990, we had 354 parts like having them in our cities. edition, episode 7, of the Senate Cli- per million; 10 years later, in 2000, we Let’s turn to the next question, ques- mate Disruption Quiz. These questions were up to 369.64 parts per million; and tion No. 4. As of today, how many na- were ripped from the headlines in re- in 2017, we were up to 408.8 parts per tions in the world are rejecting the gard to the biggest test facing human million. The levels are climbing, but Paris Agreement that addresses cli- kind on this planet. It is up to us in the speed is increasing as well. In that mate disruption? Is the answer 25 out this generation to act. period around 1990, we were increasing of the roughly 200 nations in the world We are the first generation to experi- or 12 or 3 nations or 1 nation? Lock in about 11⁄2 parts per million per year; by ence this enormous range of impacts 2000, it was about 2 parts per million your answers. from carbon pollution and a warming The answer is not 25 nor 12, and it is per year; and now we are at 21⁄2 parts planet, and we are the only generation not 3. It is now just one nation that is per million per year. So this increase is that is able to head off disaster ahead rejecting the Paris Agreement. Now, substantial. by acting quickly now. We are racing As a community of nations, we have until recently there were three na- the clock. There is no time to spare. So to not only proceed to decrease total tions. You had two nations that had stay engaged and do all you can to help not signed up and one nation that had carbon pollution, but first we have to take this on. said it was going to withdraw. The two get the rate of increase under control. Meanwhile, as we learn more about This brings us to the second ques- that had not signed up were Nicaragua technology and about the planet, all in tion: In September of this year, how and Syria, and the one that said it was the near future, I will bring you Cli- many miles did a Proterra bus drive on going to withdraw was the United mate Disruption Quiz Episode 8. a single charge? Did this bus set a States of America. President Trump The PRESIDING OFFICER (Mr. record by going 270 miles, the distance made that announcement. But a short JOHNSON). The Senator from Con- time ago, Nicaragua announced it was between L.A. and Las Vegas, or did it necticut. going to ratify the treaty, and today set a record by going 600 miles, equiva- GUN VIOLENCE Syria announced it was going to ratify lent from New York City to Columbia, Mr. BLUMENTHAL. Mr. President, the treaty. That leaves the United SC? Did it travel over 1,100 miles, the we are here in the wake of yet another States standing alone as the only Na- equivalent distance from Arizona to senseless mass shooting. Again, we tion that is saying it is going to reject ? Did it manage to go 2,092 continue to watch in horror a commu- the Paris Agreement. nity torn apart and families seeking miles, the shortest distance from the Of course, this has a big impact on solace and comfort, loved ones deprived east coast to the west coast in Amer- American leadership in the world, since of people close to them forever. We ica? Lock in your answers. we worked very hard to bring nations know about that feeling in Connecticut The correct answer is C. It went 1,100 together to craft this agreement. The because we had been through it in miles. The electric bus traveled 1,100 nations were so impressed that all of Sandy Hook just 5 years ago, almost to miles. This bus was a new version of them in the world are now partici- the month. Next month will be the the Catalyst E2. It is called the Cata- pating except us—except the United fifth anniversary. lyst E2 Max. It is produced by States. Every day in America in commu- Proterra. It has a battery that is 50 Let’s go to question No. 5. Better percent larger than the previous management of our lands and forests nities across this great country, there version that is being sold commer- could help reach what percent of the are senseless similar acts of violence cially—that is the Catalyst E2. That goals laid out in the Paris Agreement? one by one, person by person. Every Proterra that is currently being sold Could better management of lands and day there is a mass instance of people has a functional range for the transit forests contribute to reaching 5 per- dying of gun violence. The danger is agencies that are buying it of over 350 cent, or one-twentieth of the goal; or 12 that this kind of incident will become miles, about 350 miles. That is pretty percent, roughly one-eighth; or 25 per- a normal way of life in America. We impressive. But by having a battery cent, roughly one-quarter of the goal; cannot allow ourselves to become de- that is 50 percent lighter and moving or 37 percent, more than one-third of sensitized. We cannot lose hope that quite slowly, driving it slowly, they the goal laid out in Paris? Lock in your action is possible. We cannot allow our- managed to go 1,100 miles. It is really answers. selves to succumb to this supposed nor- an indication of the rapid trans- The correct answer to this is D, 37 mal. We cannot surrender to fear or formation of this particular type of percent, or more than one-third, a sur- complacency or hopelessness. electric vehicle. prisingly high number. An inter- Our hearts and prayers are with the Question No. 3: Warmer weather is national study released last month said brave souls who are enduring this un- contributing to what problem in major the natural climate solutions in guard- speakable grief and pain. Again, we American cities? Is the problem caused ing the management of our lands and know about it in Connecticut because I by warmer weather transit delays? Is it our forests could help us reach more remember well that afternoon at Sandy exploding rat populations? Is warmer than a third of the goals laid out in the Hook and the days that followed when weather contributing to larger pot- Paris Agreement. The paper looked at families hoped for numbness. They holes or to longer tourist seasons? 20 conservation and improved land hoped that the rawness and unimagi- Well, the dramatic answer here is management actions that help increase nable pain of that loss would leave. For that the warmer weather is contrib- carbon storage or avoid greenhouse gas some, it has lessened, but it will never uting to exploding rat populations. Rat emissions in a cost-effective manner. go away for them or for the families in breeding usually slows in winter, but if The single most important factor Texas or Orlando or San Bernardino or you have a mild winter, that doesn’t among them is reforestation. Virginia Tech. The list is a long one, happen. Years ago I heard an individual say: and it should include those families in Since 2013, the pest control company Wouldn’t it be great if we could just in- Hartford, New Haven, Stamford, Orkin has reported significant growth vent something that could pull carbon Bridgeport and in other communities— in its services—61 percent growth in dioxide out of the air. Well, we actually not necessarily urban, but suburban Chicago, 67 percent in Boston, 174 per- have that already. It is called a tree. and rural—around Connecticut and cent in San Francisco, 129 percent in Growing trees is a very effective strat- around the country that have endured New York City, and 57 percent in Wash- egy in addressing carbon pollution. this same grief.

VerDate Sep 11 2014 01:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.035 S07NOPT1 S7052 CONGRESSIONAL RECORD — SENATE November 7, 2017 Numbness is not the answer. Action The American people deserve to Ms. STABENOW. Mr. President, I is the answer—honoring those victims know why the gunman’s conviction first wish to thank my friend, the dis- by action. That honor is never too was not reported in the background tinguished Senator from Connecticut, soon. That sense of grief will never go check database. The American people for his very important words. away. As much as our hearts and pray- also deserve to know what immediate NOMINATION OF PETER ROBB ers go out to those families, we must steps the Department of Defense will Mr. President, I rise at this point to also honor them with action. take to ensure that every court-mar- say a few words about one of President Our reaction is not necessarily aimed tial indictment or conviction is re- Trump’s nominees whom we will be at the last shooting or the last death ported to the FBI when they disqualify voting on in a few minutes. by gun violence. It should prevent the someone from accessing guns. The National Labor Relations Board future ones. The trap of the gun lobby- The American people deserve action. is a crucial tool for protecting working ists is to say: Well, what you are pro- So I have written to the Defense Sec- posing wouldn’t have prevented what men and women in Michigan and across retary James Mattis urging him to the country. The right to collectively happened last Sunday in Sutherland take immediate action to ensure that Springs, TX. But we do know that 26 bargain, the freedom to be able to bar- guns are prevented from falling into gain for fair wages, good benefits, re- people might be alive today if the U.S. the wrong hands. That means taking Air Force had done its job. Twenty-six tirement security, safe and fair work- specific, concrete steps to identify an places—all of these things depend on a people might be alive today if the U.S. individual whose convictions and Air Force had reported this conviction National Labor Relations Board that court-martial disqualify them from ob- works—that works for people. by court-martial of the shooter to the taining a gun and making sure those Perhaps no person at the NLRB is NICS background system. Twenty-six records are submitted to the FBI. I more critical to protecting these rights people might be alive today if the U.S. want to know what system there will than is the NLRB’s General Counsel. Air Force had followed the law. be for identifying those convictions. When a worker believes that the law There is a law that requires this re- I am also planning to introduce legis- has been violated and brings their con- porting. It was passed in 2007. It re- lation because enforcement of that law cern to the National Labor Relations quires all courts and all jurisdictions should be done and reemphasized and Board, it is the General Counsel who to make that reporting. reinforced so that there is no question investigates. If the employee is found The law here is also clear that the in any mind of anyone in the military to have violated the law or the free- shooter never should have had access about their obligation. They must en- doms and rights of working men and to firearms. There are laws on the sure that people who are convicted of books right now specifically designed women, it is the General Counsel who disqualifying offenses in military to help prevent dangerous individuals takes action to make things right. courts are reported to the national with criminal records of exactly this Unfortunately, while President background check database so they are kind from getting their hands on guns, Trump talks a lot about having our prevented from having access to these and that includes anyone who has a do- workers’ backs—he certainly said that firearms by purchasing them from li- mestic violence conviction in any a lot in Michigan—his actions speak censed firearms dealers. court, including military court. As of now, the background check law much louder than his words. That is As the author of that legislation, applies only to those licensed dealers. certainly true in the case of his choice Frank Lautenberg, said at the time: It for General Counsel, Peter Robb. is a very simple principle. Wife beaters We need to extend it to include all fire- arms sales. We need other common- Mr. Robb was voted out of the and child abusers should not have guns. Health, Education, Labor, and Pen- The statistics bear out that principle sense measures to prevent and stop gun violence, but at least the military can sions Committee in October without now more than they did ever before. any Democratic support—and there The mix of guns and domestic violence be compelled to honor this obligation. I know its heart is in the right place, was a reason for that. The reason is is a toxic one. Fifty-five percent of all that during his career, he has shown so homicides against women occur during and I know they will diligently reform what they need to do largely on their little support for working men and domestic violence disputes, and a women across our country. woman is five times more likely to die own because they recognize that obli- gation. When Dominion Energy’s workers at during a domestic violence dispute if the Millstone Power Station in Con- there are guns in the house. We have an obligation, as well, to en- force all of these laws more diligently. necticut attempted to use their free- The law also prohibits anyone who dom to organize—one of the freedoms has been dishonorably discharged from As a law enforcement person, one who in America is to be able to come to- the military or convicted of an offense was the State attorney general for 20 gether, to be able to organize, to be carrying a sentence of more than 1 years and the U.S. attorney before able to collectively bargain on behalf year from buying a firearm. then, I am proud of the State of Con- The Department of Defense has a necticut for classifying domestic of- of yourself and others to make sure clear legal obligation to have made fenses so they can be disqualifying you are able to get fair pay and a pen- that report. By the way, that obliga- under the law. Connecticut is only one sion and safe working conditions. But tion includes military court indict- of a handful—perhaps three States— when the people at the Millstone Power ments as well as convictions, because that have that disqualifying classifica- Station in Connecticut attempted to do they may disqualify someone from ob- tion, so the States need to do better as that, Mr. Robb, who represented Do- taining guns. well. minion, delayed the election for more We know today that the shooter in The simple, commonsense fixes to than 2 years. Not only that, he bragged Sutherland Springs, TX, also was in- help enforce laws that are already on about it on his law firm’s website— voluntarily committed to a mental the books to keep America safe will en- making people who wanted to exercise health facility after sneaking guns able the law to be real and effective. If their freedom to collectively bargain onto an Air Force base and trying to it is unenforced, it is dead letter. It and to organize wait for 2 years. kill his military superiors. That person must be enforced. We need better en- Mr. Robb also was lead counsel on should never have been anywhere near forcement, and we also need better the case that led to 11,000 air traffic a firearm, let alone having the ability laws. controllers being fired—people, again, to buy one from a licensed firearm I hope my colleagues on both sides of who were part of a union and could col- dealer, as apparently occurred. the aisle will join in this effort, and I lectively bargain for safe conditions The Air Force’s lapse is shocking and hope this new legislation will be bipar- and good pay and pensions. They were inexcusable. It is a lapse that may have tisan, just as we grieve together re- fired and barred from Federal service. contributed to, if not directly caused, gardless of party. It was a watershed case in the history that shooting because, otherwise, that Thank you. of union suppression, in taking away shooter would have completely lacked I yield the floor. people’s freedoms. access to the firearms he used so le- The PRESIDING OFFICER. The Sen- While he worked for a Reagan-ap- thally. ator from Michigan. pointed NLRB member, longstanding

VerDate Sep 11 2014 01:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.037 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7053 policies changed to weaken the govern- Senator HATCH on the Finance Com- ters. Within 2 weeks, he had a medical ment’s ability to enforce the rights and mittee, of which I am proud to be a appointment; 3 days after that, he was freedoms of working men and women. member, has worked with Senator speaking with a community health With stagnant wages and rising WYDEN, with me, and with others to center counselor. As Albert said, ‘‘It healthcare costs and worries about put together a good bill, a 5-year reau- happened so fast, there was no time for pension cuts and workplace discrimina- thorization of CHIP, on a bipartisan me to fall through the cracks.’’ tion, frankly, I know working men and basis, and 70 Members of this body, led Today he is running a local business women in Michigan and across the by Senator ROY BLUNT and myself, and has his confidence back. He has country have enough to worry about. have signed a letter of support for con- lost 50 pounds and stopped drinking. He They shouldn’t have to worry that the tinuing funding for community health has rebuilt his relationships with his person who is supposed to have their centers. Senator BLUNT and I, with family. And he is now giving back to back is, instead, looking for ways to eight other Democrats and eight Re- the very clinic that changed his life, strip away their freedom to organize on publicans, have put in a bill to do that. serving on the board of Great Lakes the job. We know the support is there. The Bay Health Centers. That is why I will vote no on Peter problem is, we cannot get it brought up All of the children and the people Robb, and I encourage my colleagues to on the floor as a priority for the Sen- who receive coverage and care from do the same. ate. CHIP and community health centers HEALTHCARE As I mentioned, this crucial funding can tell their stories. Mr. President, I wish to turn now to expired 38 days ago—more than a The PRESIDING OFFICER. The time another very important topic. I have month ago. Over those 38 days, the of the Senator has expired. been speaking about workers, and now Senate has taken up 54 record rollcall Ms. STABENOW. Mr. President, if I I wish to speak about our children and votes, Republicans passed their budget, standing up for our children. might just take 30 seconds to complete and we have considered 16 nominees. my remarks. Every year, 9 million children receive But we haven’t considered over the health insurance through a very suc- The PRESIDING OFFICER. Without past 38 days the 9 million children who cessful program called the Children’s objection, it is so ordered. depend on the Children’s Health Insur- Health Insurance Program. Children Ms. STABENOW. Thank you very ance Program to stay healthy and the from low- and middle-income families much. 25 million patients who use community who do not qualify for Medicaid—work- Let me just say in conclusion that we health centers. ing families—are able to receive can fix this. We don’t have to put up We might be 38 days late, but there is healthcare through CHIP, and every one more day on the count chart. no time like today to make children year, 25 million people, including Today we can make children and fami- and families a top priority. These pro- 300,000 veterans and 7.5 million chil- lies a priority by passing critical grams are a big deal in my State. Be- dren, receive medical care from com- healthcare that has the bipartisan sup- fore CHIP, too many hard-working munity health centers in cities and port to get it done, if we have the ur- families in Michigan couldn’t afford to towns and rural communities all across gency to do so. take their children to the doctor. Now, Michigan and across the country. That Thank you. 97 percent of our children in Michigan is 9 million children who can see a doc- I yield the floor. can go to the doctor. Moms and dads tor when they get sick or hurt, and The PRESIDING OFFICER. All time can take their children to the doctor that is millions of parents who don’t has expired. because of what has been put together have to lie awake at night, worrying The question is, Will the Senate ad- around health insurance, making about what will happen the next time vise and consent to the Engel nomina- health insurance available in Michi- their child falls, breaks an arm, gets tion? strep throat, or something even worse. gan—the highest percentage ever—97 percent. Ms. STABENOW. Mr. President, I ask Thanks to Republican inaction, these for the yeas and nays. millions of parents do now have to Last year, Michigan’s community health centers treated more than The PRESIDING OFFICER. Is there a worry. sufficient second? It has been 38 days since the Repub- 680,000 patients, including 12,710 vet- There appears to be a sufficient sec- lican leadership let funding expire for erans. ond. the Children’s Health Insurance Pro- Having access to health insurance The clerk will call the roll. gram and community health centers— and healthcare we know is life-chang- 38 days and counting—38 days when we ing and even lifesaving. The legislative clerk called the roll. could have been working together to Just ask Jan of Davison, MI, whose Mr. CORNYN. The following Senator fund these important programs. Yet daughter Suzi was covered by is necessarily absent: the Senator from that didn’t happen, even though they MIChild—what we call CHIP, actually Kentucky (Mr. PAUL). have bipartisan support. That is 38 MIChild—in Michigan. Suzi was diag- Mr. DURBIN. I announce that the days of telling children and hard-work- nosed with ADHD as a child and later Senator from New Jersey (Mr. MENEN- ing families who use these programs with bipolar disorder. In Jan’s words: DEZ) is necessarily absent. that they don’t matter as much as Without having access to quality health The PRESIDING OFFICER. Are there other things we are doing. care, we would have been lost. And thanks to any other Senators in the Chamber de- For the longest time, the Children’s MIChild coverage, we are able to afford the siring to vote? Health Insurance Program and commu- help she so desperately needed. The result was announced—yeas 51, nity health centers have received Today, Suzi is a high school graduate nays 47, as follows: strong bipartisan support, and that is and plans to go to community college. [Rollcall Vote No. 264 Ex.] true today. If these programs—a bill Albert, a resident of Owosso, MI, YEAS—51 knows the value of community health that came out of the Finance Com- Alexander Fischer Murkowski mittee and a bill that Senator ROY centers. He had graduated from high Barrasso Flake Perdue BLUNT and I have introduced—were school and was taking college classes. Blunt Gardner Portman brought to the floor, they would get He had a great full-time job with Boozman Graham Risch health benefits. He said that it was like Burr Grassley Roberts strong bipartisan support—if we could Capito Hatch Rounds get them on the floor. a dream come true—until it stopped. Cassidy Heller Rubio We are hearing from more than 1,000 Work dried up. In a matter of months, Cochran Hoeven Sasse organizations, including the American Albert lost his job, his insurance, and Collins Inhofe Scott Corker Isakson Shelby Academy of Pediatrics, the American his home. Cornyn Johnson Strange Heart Association, the March of Dimes, He fell into a deep depression—and Cotton Kennedy Sullivan and the National Association of Coun- many of us would have done the same. Crapo Lankford Thune ties, all urging us to take up the CHIP But Albert was lucky. A friend noticed Cruz Lee Tillis Daines Manchin Toomey bill and to pass it—the 5-year exten- that he was struggling and urged him Enzi McConnell Wicker sion, which is so critical. to visit Great Lakes Bay Health Cen- Ernst Moran Young

VerDate Sep 11 2014 01:00 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.038 S07NOPT1 S7054 CONGRESSIONAL RECORD — SENATE November 7, 2017 NAYS—47 The yeas and nays resulted—yeas 51, That is also likely why the White Baldwin Gillibrand Nelson nays 47, as follows: House released the Climate Science Bennet Harris Peters [Rollcall Vote No. 265 Ex.] Special Report, part of the National Blumenthal Hassan Reed YEAS—51 Climate Assessment we mandated by Booker Heinrich Sanders Brown Heitkamp Schatz Alexander Fischer Murkowski law without significant alteration. Sci- Cantwell Hirono Schumer Barrasso Flake Perdue entists had prudently disclosed what Cardin Kaine Shaheen Blunt Gardner Portman they sent to the White House so every- Carper King Stabenow Boozman Graham Risch Casey Klobuchar one could compare what went into the Tester Burr Grassley Roberts Coons Leahy Capito Hatch Rounds White House with what came back out Udall Cortez Masto Markey Cassidy Heller Rubio Van Hollen of the White House. That put the White Donnelly McCain Cochran Hoeven Sasse Warner House in a box, and caught in that box, Duckworth McCaskill Collins Inhofe Scott Durbin Merkley Warren Corker Isakson Shelby the White House went ahead and re- Feinstein Murphy Whitehouse Cornyn Johnson Strange leased the report without alteration. Franken Murray Wyden Cotton Kennedy Sullivan The Climate Science Special Report Crapo Lankford Thune affirms that climate change is driven NOT VOTING—2 Cruz Lee Tillis Menendez Paul Daines McCain Toomey almost entirely by human action. It Enzi McConnell Wicker warns of a worst-case scenario, where The nomination was confirmed. Ernst Moran Young seas could rise as high as 8 feet by the The PRESIDING OFFICER. Under NAYS—47 year 2100, which is the scenario our the previous order, the motion to re- home State planners are looking at for consider is considered made and laid Baldwin Gillibrand Nelson Bennet Harris Peters Rhode Island and which I know has oc- upon the table and the President will Blumenthal Hassan Reed casioned dire forecasts for the Pre- Booker Heinrich be immediately notified of the Senate’s Sanders siding Officer’s home State of Florida. action. Brown Heitkamp Schatz Cantwell Hirono Schumer The report details a wide array of cli- f Cardin Kaine Shaheen mate-related damage already unfolding Carper King Stabenow Casey Klobuchar across the United States. Here is what CLOTURE MOTION Tester Coons Leahy the report says: ‘‘It is extremely likely Udall The PRESIDING OFFICER. The Sen- Cortez Masto Manchin Van Hollen that human influence has been the Donnelly Markey ator from Tennessee. Warner dominant cause of the observed warm- Mr. ALEXANDER. Mr. President, I Duckworth McCaskill Durbin Merkley Warren ing since the mid-20th century.’’ The yield back all time. Feinstein Murphy Whitehouse document reports: ‘‘For the warming The PRESIDING OFFICER. Is there Franken Murray Wyden over the last century, there is no con- objection? NOT VOTING—2 vincing alternative explanation sup- Without objection, all time is yielded Menendez Paul ported by the extent of the observa- back. The PRESIDING OFFICER. On this tional evidence.’’ Pursuant to rule XXII, the Chair lays No convincing alternative expla- before the Senate the pending cloture vote, the yeas are 51, the nays are 47. The motion is agreed to. nation. Well, we actually knew that be- motion, which the clerk will state. cause climate denial has all along been The senior assistant legislative clerk f bogus, phony propaganda created by read as follows: EXECUTIVE CALENDAR the fossil fuel industry and pushed out CLOTURE MOTION The PRESIDING OFFICER. The through its array of phony front We, the undersigned Senators, in accord- clerk will report the nomination. groups. Nobody but the ignorant would ance with the provisions of rule XXII of the The senior assistant legislative clerk seriously believe their nonsense, least Standing Rules of the Senate, do hereby read the nomination of Peter B. Robb, of all in Congress, except for the fact move to bring to a close debate on the nomi- of Vermont, to be General Counsel of that the propaganda is backed up by fe- nation of Peter B. Robb, of Vermont, to be the National Labor Relations Board for rocious political artillery and an im- General Counsel of the National Labor Rela- placable fossil fuel industry position to tions Board for a term of four years. a term of four years. Mitch McConnell, Orrin G. Hatch, John The PRESIDING OFFICER. The Sen- deny, deny, deny as the ship goes down. Barrasso, Johnny Isakson, Chuck ator from Rhode Island. This will be a disgrace whose odor Grassley, Thom Tillis, Lindsey Gra- Mr. WHITEHOUSE. Mr. President, I will last a long time as history looks ham, Roy Blunt, John Cornyn, John ask unanimous consent to speak for up back and recounts a Congress so sub- Thune, John Boozman, Cory Gardner, to 15 minutes as in morning business. servient to the fossil fuel industry that Pat Roberts, Mike Crapo, Mike The PRESIDING OFFICER. Without it would ignore unanimous real science Rounds, James M. Inhofe, John objection, it is so ordered. and go instead with the flagrant, self- Hoeven. CLIMATE CHANGE serving falsehoods of the industry with The PRESIDING OFFICER. By unan- Mr. WHITEHOUSE. Mr. President, the world’s biggest conflict of inter- imous consent, the mandatory quorum our EPA Administrator, Scott Pruitt, est—an obvious plain conflict of inter- call has been waived. has a little problem. You see, the Su- est. It is a sickening display of what The question is, Is it the sense of the preme Court has ruled that greenhouse our Founding Fathers would plainly Senate that debate on the nomination gases are pollutants under the Clean describe as corruption, and we are sup- of Peter B. Robb, of Vermont, to be Air Act. Therefore, under the Clean Air posed to act as if things are normal General Counsel of the National Labor Act, the Environmental Protection around here. Things are not normal Relations Board for a term of four Agency, which Pruitt leads, is legally around here—not since Citizens United, years, shall be brought to a close? obligated to regulate greenhouse gases. for sure. The yeas and nays are mandatory They must do this as a matter of law. Things are also not normal at EPA. under the rule. Moreover, the EPA has determined That Agency of the U.S. Government The clerk will call the roll. that greenhouse gas emissions endan- has been corrupted. There is no The senior assistant legislative clerk ger the public health and welfare of straighter way to say it. The EPA now called the roll. current and future generations, and answers not to the public interest but Mr. CORNYN. The following Senator Scott Pruitt has said he will not con- to the special interest of the fossil fuel is necessarily absent: the Senator from test that endangerment finding. He is industry through its new Adminis- Kentucky (Mr. PAUL). stuck with it. Why? Because he knows trator, Scott Pruitt, whose entire his- Mr. DURBIN. I announce that the it is a contest he would lose by a land- tory is one long exercise in subser- Senator from New Jersey (Mr. MENEN- slide. The climate denial nonsense he vience to the fossil fuel industry. If he DEZ) is necessarily absent. espouses has never passed peer review, is not bad enough, check out the The PRESIDING OFFICER (Mr. it is not real science, and it would get creepy coterie of fossil fuel lackeys he RUBIO). Are there any other Senators buried in any forum where facts and is surrounding himself with. It is an- in the Chamber desiring to vote? truth matter. other disgrace, but given the fossil

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.026 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7055 fuel’s control over Congress, the legis- Now, the George W. Bush administra- report out-year risks to their share- lative branch is compliant and tion recognized that ‘‘[s]pecial ethical holders. complicit in the industry takeover, and considerations arise when comparing The National Climate Assessment this body has yet to utter a peep of dis- benefits and costs across generations.’’ Climate Science Special Report that sent as our national EPA sinks into ba- The Bush administration guidance we first talked about was developed by nana republic status. urged lower discount rates when a rule dozens of leading scientists, from 13 Last week, I talked about the phony is expected to harm future generations. different Federal agencies, detailing tricks Pruitt is using to undo the Clean I will quote them again. ‘‘If your rule the extent of climate change driven by Power Plan. The Clean Power Plan is will have important intergenerational manmade greenhouse gas emissions an annoyance to certain folks in the benefits or costs, you might consider a and the urgent need to address it. That fossil fuel industry that has long un- further sensitivity analysis using a report is as solid as it gets. The report derwritten Pruitt’s political ambitions. lower but positive discount rate,’’ is stark. Temperatures are climbing. So for their sake, something had to be wrote the Office of Personnel Manage- Seas are rising. Ocean waters are be- done. Well, given the Climate Science ment at the time. coming more acidic. Fires are more fre- Special Report that the White House That describes exactly what we face quent and more severe, and fire seasons just released, they couldn’t really mess with climate change. Our carbon pollu- are longer. Storms are stronger and with the science—at least not without tion today will hurt generations far off more frequent, as we have seen particu- it blowing up in their faces—so they re- in the future as, for instance, tempera- larly menacing coastal America. verted to some tricks. tures and sea levels inexorably rise Downwind States like Rhode Island One trick was to recount the cost- decade after decade and properties and cope with air that carries more partic- benefit calculations of climate change land are lost to the sea. ulate matter, nitrogen oxide, and other and count only domestic effects of an In 2015, the Federal Government set- lung-constricting pollution. international danger. Now, the Climate tled on a 3-percent discount rate to es- Fishermen haul in foreign catches Science Special Report the White timate the out-year costs of carbon full of fish their fathers and grand- House just released says: ‘‘The climate pollution to society. That was the rec- fathers would hardly recognize. Woods- of the United States is strongly con- ommendation of leading economists, men harvest in distressed and changing nected to the changing global cli- the top researchers from top univer- forests. Farmers till land subject to ex- mate.’’ sities putting forward credible analysis tremes of both more frequent drought Nevertheless, Pruitt made the deci- from the scientific community. and more severe flood. sion to count only the domestic effects In our new, industry-friendly Pruitt The inescapable science is compiled of domestic emissions. That trick neat- analysis, they jacked that rate from 3 by the top experts from throughout the ly wipes a major fraction of the harm percent up to 7 percent. They more Federal Government and is concurred the fossil fuel industry is causing right than double it. There is little actual in, I believe, by every single State uni- versity in this country, which not only off the books. It doesn’t affect the ac- analysis. They just picked a higher understand climate change, but they tual harm, just the accounting of the rate and what a payoff for Pruitt’s fos- teach climate change. There is every harm. In my example, it wiped two- sil fuel friends. At 7 percent, future single National Lab in this country— thirds of the harm off the books in a harms, injuries, and losses count for the Labs we fund and trust—the armed neat feat of accounting trickery. far less. Indeed, with this trick, Pruitt Of course, that still leaves one-third wiped away nearly $18 billion in pre- services, and our national intelligence of the harm to account for so they took dicted harm from carbon pollution. Re- assessments. It is virtually impossible to find anyone not on the payroll of the another whack at that, and their trick member, again, nothing changes in the fossil fuel industry who disputes this. there was to juice the discount rate. In real world. The harm to future genera- It shows that climate change touches years to come, prompt action now on tions is unchanged. That is a given in every corner of the country already, climate change would prevent things either scenario, but like that domestic- not later. harm-only trick, this is an accounting like sea level rise washing over our Up against that study, up against trick to help the fossil fuel industry coastal infrastructure, unprecedented that unanimity of legitimate science, wildfire seasons burning our forests, dodge accountability for its pollution. Pruitt puts a bunch of accounting and disruptions in agricultural yields It doesn’t change the situation on the tricks cooked up for him, I believe, by from drought and flood extremes. The field; it just changes the score on the a conflicted and corrupting industry. Clean Power Plan would achieve be- scoreboard. We cannot let fossil fuel hacks like tween $14 billion and $34 billion in fu- Contrast the Pruitt fossil fuel-friend- Pruitt and his merry crew prevent ture health benefits, also, like pre- ly nonsense with real, peer-reviewed America from responding to the reality vented illnesses and deaths, but all science. In real, peer-reviewed science, around us. those things happen in the future, we can now calculate not only the This week it has been reported that which brings in this matter of the dis- harm of carbon pollution but how Nicaragua and Syria have joined the count rate. much individual fossil fuel companies Paris climate agreement. They were The discount rate discounts the have contributed to that harm. A peer- the two outliers. That was the com- present value of things that happen in reviewed study in the scientific journal pany the United States was in with the future based on a percentage. Here Climatic Change tells us that a few President Trump’s decision to remove is a simple example. If you assume a major fossil fuel producers are respon- us from the Paris climate agreement— discount rate of 5 percent, that means sible for as much as half of the re- Nicaragua, Syria, and the United anything 1 year from now is worth 5 corded global surface temperature in- States of America. That is some com- percent less than it would be right crease, and the study demonstrates a pany. Now, even Nicaragua and, just now. So $10,000 of something in 10 years method for attributing their corporate today, Syria have joined. At some would be worth $6,000 today. If you as- share of the harm to Chevron, point our national reputation is put at sume a discount rate of 10 percent, that ExxonMobil, ConocoPhillips, Peabody hazard. Our national reputation is put means $10,000 of something in 10 years Energy, Arch Coal, Devon Energy, on the line when we can’t do what is is only worth $4,000 today. You can jig- among about 50, investor-owned carbon obviously right because we can’t tell gle the discount rate to lower the producers. You can take the emissions one greedy industry: You have had present value. The higher the discount data from that climatic change study enough—no more. rate, the lower the present value of fu- and factor in well-established social It is time we treated this issue hon- ture harms. cost of carbon estimates and approxi- estly. When we can’t do that, don’t tell A report this year from the National mate individual corporations’ responsi- me history will forget. It seriously is Academies of Science confirms this: bility for climate damages. Those com- time to wake up. This is corruption in ‘‘The rate at which future benefits and panies ought to be taking a hard look plain view. costs are discounted can significantly at what they are reporting to their I yield the floor. alter the estimated present value of shareholders about this because they The PRESIDING OFFICER. The Sen- the net benefits of that rule.’’ are under strong legal obligations to ator from Montana.

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.045 S07NOPT1 S7056 CONGRESSIONAL RECORD — SENATE November 7, 2017 EXECUTIVE CALENDAR CONFIRMATION OF KYLE FORTSON and I, along with Senators DURBIN, Mr. DAINES. Mr. President, I ask Mr. ALEXANDER. Mr. President, COONS, WARREN, MARKEY, and BROWN, unanimous consent that the Senate last week the Senate confirmed Kyle recently sent a letter to President proceed to the consideration of the fol- Fortson to be a member of the Na- Trump urging the administration to lowing nomination: Executive Calendar tional Mediation Board. take immediate action to ensure that No. 362. The National Mediation Board, estab- the United States is prepared to do our The PRESIDING OFFICER. Without lished by the 1934 amendments to the part to help stave off further violence objection, it is so ordered. Railway Labor Act of 1926, is an inde- and human suffering. The clerk will report the nomination. pendent U.S. Federal Government The Democratic Republic of the The bill clerk read the nomination of agency that facilitates labor-manage- Congo, or the DRC as it is known, is a David J. Redl, of New York, to be As- ment relations within the Nation’s country of vast natural resource sistant Secretary of Commerce for railroad and airline industries. wealth. It is the largest country in sub- Communications and Information. Pursuant to the Railway Labor Act, Saharan Africa by land mass, with Thereupon, the Senate proceeded to National Mediation Board programs ample arable land, a variety of pre- consider the nomination. help to resolve disputes to promote the cious minerals, and the world’s second- Mr. DAINES. Mr. President, I ask flow of interstate commerce in those largest river, the Congo, which pos- unanimous consent that the Senate industries through mediation, rep- sesses substantial hydroelectric poten- vote on the nomination with no inter- resentation, and arbitration of labor- tial; yet, despite an abundance of nat- vening action or debate; that if con- management disputes. ural resources—indeed, because of it— firmed, the motion to reconsider be A dedicated public servant, Kyle the people of the DRC have endured considered made and laid upon the Fortson is eminently qualified to serve centuries of exploitation and atroc- table; that the President be imme- on the National Mediation Board. I am ities. In the postcolonial era, the coun- diately notified of the Senate’s action; fortunate to say that Mrs. Fortson cur- try has struggled with decades of con- that no further motions be in order; rently serves on my staff as labor pol- flict, endemic corruption, and extreme and that any statements relating to icy director at the U.S. Senate Health, poverty. The DRC ranks 176th out of the nomination be printed in the Education, Labor, and Pensions— 188 countries on the Human Develop- RECORD. HELP—Committee, after serving in The PRESIDING OFFICER. Without that position from 2010 to 2013 for Sen- ment Index. Life expectancy is 59 years. An estimated 77 percent of the objection, it is so ordered. ator MIKE ENZI. I have benefitted from The question is, Will the Senate ad- Mrs. Fortson’s experience, knowledge, people live on less than $2 a day. More vise and consent to the Redl nomina- and counsel. than 12 percent of children do not live tion? Mrs. Fortson previously served as to see their fifth birthday. Mothers die The nomination was confirmed. labor counsel at the same committee in childbirth in more than 7 out of f from 2004 to 2010. Before that, she was every 1,000 live births. The statistics are truly alarming. LEGISLATIVE SESSION a policy analyst at the Senate Repub- lican Policy Committee from 2003 to The 1997 to 2003 civil war involved at 2004 and served as counsel to Senator least seven countries in the region and, MORNING BUSINESS Tim Hutchinson from 2001 to 2003. She by some estimates, caused 5.4 million Mr. DAINES. Mr. President, I ask also served as judiciary counsel to Con- deaths from war and war-related unanimous consent that the Senate gressman Spencer Bachus from 1999 to causes. The conflict was characterized proceed to legislative session for a pe- 2001. by massive human rights violations riod of morning business, with Sen- Mrs. Fortson graduated with a B.A. and introduced the world to the brutal ators permitted to speak therein for up in history from the University of Colo- consequences of the mining of conflict to 10 minutes each. rado in 1996 and with a J.D. from minerals. Eastern Congo has been re- The PRESIDING OFFICER. Without George Washington University in 1999. ferred to as the rape capital of the objection, it is so ordered. Mrs. Fortson was nominated on June world, and sexual violence continues to 26, 2017. On July 3, 2017, the committee (At the request of Mr. SCHUMER, the be used as a weapon to traumatize and following statement was ordered to be received Mrs. Fortson’s Office of Gov- terrorize the population. ernment Ethics paperwork, including printed in the RECORD.) her public financial disclosure and eth- Despite the establishment of truth f ics agreement. Based on these docu- and reconciliation committees by the VOTE EXPLANATION ments, the Office of Government Ethics Sun City Accords in 2002, the installa- tion of a unity government in 2003, and ∑ Mr. MENENDEZ. Mr. President, I wrote to me that Kyle Fortson ‘‘is in the deployment of the largest United was unavailable for rollcall vote No. compliance with applicable laws and 262, on the nomination of John H. Gib- regulations governing conflicts of in- Nations peacekeeping force in the son, of Texas, to be Deputy Chief Man- terest.’’ The committee received Mrs. world, the country remains unstable. agement Officer of the Department of Fortson’s HELP Committee applica- The peacekeeping mission in DRC Defense. Had I been present, I would tion on July 27, 2017. Mrs. Fortson was plays a critical role in protecting civil- have voted yea. favorably reported out of the HELP ians in conflict areas and promoting Mr. President, I was unavailable for Committee on October 18, 2017. stability; yet its capabilities are lim- rollcall vote No. 263, on the motion to While the National Mediation Board ited, and it is not a substitute for a po- invoke cloture on Steven Andrew will be very fortunate to have Mrs. litical agreement respected and ad- Engel, of the District of Columbia, to Fortson as a member, her departure hered to by all relevant stakeholders. be an Assistant Attorney General. Had will be a loss to the U.S. Senate and Let me be clear: I fully support I been present, I would have voted nay. the HELP Committee. I am proud to MONUSCO peacekeepers who seek to Mr. President, I was unavailable for support Kyle’s nomination, and she uphold their mandate. Though the mis- rollcall vote No. 264, on the nomination will serve on the National Mediation sion has come under criticism over the of Steven Andrew Engel, of the District Board with distinction. years for not doing enough to protect of Columbia, to be an Assistant Attor- f civilians and for controversies regard- ney General. Had I been present, I ing its own abuses, we must ask our- would have voted nay. DEMOCRATIC REPUBLIC OF THE selves what would have happened—and Mr. President, I was unavailable for CONGO what might still happen—if the UN rollcall vote No. 265, on the motion to Mr. CARDIN. Mr. President, today I were not present—or if the United invoke cloture on Peter B. Robb, of wish to shine a spotlight on the in- States forces such significant troop re- Vermont, to be general counsel of the creasingly dire political, security, and ductions that the mission is rendered National Labor Relations Board. Had I humanitarian crisis in the Democratic ineffective, which I fear we may be per- been present, I would have voted nay.∑ Republic of the Congo. Senator BOOKER ilously close to doing.

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.047 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7057 Despite the deployment of peace- to walk away from last year’s political No. 1, the administration could fill keepers and despite the Sun City Ac- deal has caused instability and up- critical vacancies. The President cords, conflict, instability, and med- heaval that, if not directly responsible, should immediately nominate an ac- dling by other countries in DRC per- appears to be feeding growing violence credited Ambassador to Kinshasa. Our sisted. It took another 10 years and the and unrest in various parts of the coun- last Ambassador, a highly capable ca- efforts of the UN and the African Union try, this time including in areas of the reer foreign service officer, left his post to put the Congo on a path towards country that had been largely been sta- in December. The President should true stability in 2013 through what be- ble. nominate an Assistant Secretary of came known as the Framework of Government forces and State for African Affairs for Senate Hope, in which other governments progovernment militia are accused of confirmation. The position has re- pledged noninterference; yet, instead of gross human rights violations in the mained vacant for 9 months, with Am- building on this landmark agreement Kasai region. Two UN investigators, in- bassador Donald Yamamoto serving in over the past 4 years to achieve rec- cluding an American, were killed in the role in an acting capacity. onciliation, stabilization, and develop- the region in March as they attempted Second, on the heels of UN Ambas- ment, the country has become sub- to look into allegations of human sador Nikki Haley’s visit to DRC last sumed in new conflicts and instability rights abuses by security forces, and month—one of the first visits to the due to political leaders’ self-interested multiple researchers have uncovered continent by a senior member of the and shortsighted calculations. evidence of potential involvement by Trump administration—I urge the dele- DRC’s long and as yet incomplete state actors in their murder. The UN gation to capitalize on the momentum road to peace is a classic example of has not ruled out involvement by gov- from that trip to push for the fol- how pernicious longstanding conflicts ernment forces, but more investigation lowing: No. 1, implementation of the require persistent, high-level diplo- is needed. At least 80 mass graves have December 31 agreement; No. 2, broader matic engagement to untangle and ad- been discovered. Over 5,000 people have cooperation with and support for the dress root causes. International diplo- been killed since 2016, according to investigation into human rights abuses macy often isn’t swift or easy, and some reports. The lives of hundreds of in Kasai; No. 3, ensuring there is a sometimes the parties take two steps thousands of children and their fami- credible international investigation forward and one step back. It is often lies in Greater Kasai have been turned into the murder of the two UN inves- frustrating. It is often exhausting, but upside down by this brutal violence, tigators; and No. 4, sharing the assess- it is always essential. The work of with nearly a million and a half people ment of the humanitarian emergency former Special Envoy for the Great internally displaced in the Kasai alone, in the Kasais. Lakes Russ Feingold, who was con- including 850,000 children. Just last I understand that Gen. Thomas stantly in the region engaging with week, the head of the World Food Pro- Waldhauser, head of U.S. Africa Com- heads of state, was instrumental in gram warned that, if WFP did not re- mand, accompanied Ambassador Haley. holding neighboring countries to their ceive funding and access to the area, I hope that he will share his assess- commitments under the Framework of hundreds of thousands of children ment and any recommendations he has Hope, which reduced violence and inse- would die over the next couple of related to MONUSCO’s deployment. I curity. The work of Senator Feingold’s months. All told, nearly 4 million Con- urge Ambassador Haley to ask that the successor, Tom Perriello, was instru- golese are internally displaced—over a Security Council convene an emer- mental in helping obtain a political million newly displaced in Kasai alone gency meeting to discuss the findings agreement in the DRC in 2016 that held just over the last 12 months—giving of her trip. Finally, the administration DRC the dubious distinction of having the promise of achieving democratic should reexamine the decision in the most internally displaced people in elections and an end to sweeping gov- March of this year to lower ernment abuses against unarmed civil- Africa. We have a moral obligation to pursue MONUSCO’s troop ceiling, given condi- ian protesters. tions in the country and the observa- The current spread of violence within peace. We cannot stand by and allow conflict in DRC or anywhere else spiral tions of the returning delegation. the DRC serves as a painful reminder of We must use all the tools at our dis- so far out of control that an untold how critical it is that we continue to posal, such as the Atrocities Preven- number of women are victims of sexual work not only to maintain the gains tion Board, to devise concrete actions violence, and millions die from con- we have made on the international our diplomats can take to stave off fur- flict, starvation, and preventable dis- front, but also the fragile respect for ther violence. The White House should ease. democracy and good governance inside We have a moral obligation to try to consider tightening sanctions on the DRC. According to the constitution halt mass atrocities wherever they regime. So far, we have sanctioned six adopted in 2005, elections should have occur. The scale of violence per- sitting or former senior government taken place in November of last year, petrated against civilians in Congo has and security officials, as well as a pri- and President Joseph Kabila, having been staggering. vate company owned by one of them, served two terms, should have stepped We should care because the world is under Executive Order 13671 issued in down. Instead, President Kabila first supporting a massive peacekeeping op- 2014. Sanctions have proven effective at tried to change the constitution and eration in the country to the tune of getting Kinshasa’s attention and then, when that effort failed, he threw $1.14 billion a year, of which the U.S. should be applied in an ever-tightening up obstacles—slow-rolling voter reg- will pay an estimated $325 million this manner aimed at the highest levels of istration, underfunding the electoral year. We need the MONUSCO mission government until we see demonstrable commission, and insisting on a unilat- to be efficient, we need it to be effec- progress towards implementing the De- eral and hurried process for the cre- tive, and we need to create conditions cember 31 agreement. The Global ation of new provinces—all of which for it to end, but the only way for the Magnitsky Act is another tool that the precipitated a political crisis late last mission to draw down in a responsible administration could use to further year when it became clear that the fashion is as peace and stability are pressure the regime. polls would not be open. While the op- progressively achieved. Therefore, the The last conflict in DRC caused a re- position engaged in good-faith negotia- United States, a leader in the inter- gional conflagration that I consider tions with the government to come to national community, must do more to among the worst in the continent’s re- agreement on a new election timeline, help facilitate a political process that cent history in terms of the toll on Kabila has once again refused to abide will lead to a durable peace. human lives. It should never be re- by the terms. In fact, elections planned The problems in the Congo are not peated. The administration can and for the end of this year per that De- insurmountable, and our voice and dip- should take the steps I have just out- cember 31 agreement—duly signed by lomatic influence could help bring lined immediately. While simple and the ruling party and the opposition— about a solution if the Trump adminis- straightforward, they could prevent will not take place until December tration is willing to make an effort to further bloodshed. A repetition of the 2018. President Kabila’s decision to re- do so. There are several easy steps it war is not inevitable, and I hope the main in power beyond his mandate and could take immediately. President will take action to forestall

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.029 S07NOPT1 S7058 CONGRESSIONAL RECORD — SENATE November 7, 2017 an increasingly dire humanitarian and post-military service mission to help Beyond strong academics, Eden Ele- political crisis in the region. veterans and military families through mentary also prides itself on its char- (At the request of Mr. SCHUMER, the that transition with his work as a tran- acter education program. This starts following statement was ordered to be sition assistance adviser with the Indi- with Eden’s Eagle Expectations—three printed in the RECORD.) ana National Guard. Roger is also rules: students should be respectful, re- f chairman of the Board for Operation: sponsible, and ready to learn. The Job Ready Veterans, which aims to school also promotes healthy habits by 85TH ANNIVERSARY OF THE prepare our veterans for success in ci- instilling in students the importance of HOLODOMOR vilian employment; the Indianapolis considering the needs of others, listen- ∑ Mr. MENENDEZ. Mr. President, Veterans Court Advisory Board; the In- ing first, and working together. today we solemnly mark the 85th anni- diana National Guard Relief Fund; the I am proud to recognize previous versary of the Holodomor—the Ukrain- American Legion; and AMVETS. Roger Eden Elementary School principal ian famine genocide—that claimed the also serves on the board of directors for Devon Marine and current principal lives of millions in the 1930s. As part of the Indiana chapter of the Association Melia Hammons, the entire staff, the its vicious crusade promoting a failed of the United States Army and is on student body, and their families. The ideology, the Soviet Union perpetrated the executive board of Indiana Blue effort and dedication you put into the a forced starvation campaign against Star. As Roger enters his ‘‘second’’ re- education of these young people have ethnic Ukrainians, hoping to erase tirement, we thank him for his dedica- led not only to this prestigious rec- their place in history and their cries tion and service to helping Indiana’s ognition but will benefit you and the for freedom and independence. We must veterans. Greenfield community well into the fu- never forget these crimes against hu- Colonel Peterman’s life has set an ex- ture. manity. Ukraine today faces a different ample not just for his two children and On behalf of the citizens of Indiana, I kind of threat from its neighbor Rus- six grandchildren but for all Hoosiers. congratulate Eden Elementary, and I sia’s ongoing occupation of its land and His commitment to defending our wish the students and staff continued aggression towards its people. We must country and supporting our veterans is success in the future. recall the lessons from history and re- commendable. His integrity and tire- f main united in solidarity with our less efforts have helped to make Indi- ADDITIONAL STATEMENTS democratic friends and allies and all ana and this country a better place to those who pursue freedom and justice. live, work, and raise a family. We I am proud to represent a strong, en- thank Roger’s wife Carolyn, children, 25TH ANNIVERSARY OF THE OAK gaged, and vibrant Ukrainian commu- and grandchildren for sharing him with RIDGE LEADERSHIP COMPUTING nity in New Jersey, and I commend our country. We wish Roger well in re- FACILITY your efforts to continue to bring to tirement. ∑ Mr. ALEXANDER. Mr. President, light injustices of the past and efforts f today we celebrate the 25th anniver- to promote a brighter future.∑ sary of high-performance computing at RECOGNIZING EDEN ELEMENTARY f Oak Ridge National Laboratory’s Lead- SCHOOL TRIBUTE TO COLONEL ROGER ership Computing Facility. Mr. DONNELLY. Mr. President, For a quarter century, Oak Ridge has PETERMAN today, I wish to recognize Eden Ele- led the way globally, pushing the Mr. DONNELLY. Mr. President, mentary School of Greenfield, IN, for boundaries of computational perform- today, I wish to recognize and honor being named a 2017 National Blue Rib- ance and continually giving scientists the extraordinary service of retired bon School by the U.S. Department of more powerful platforms for simula- U.S. Army COL Roger Peterman, a Education. tion and discovery at every scale—from Greenwood, IN, resident and dedicated Established in 1982, the National Blue the smallest building blocks of atoms veteran and public servant who served Ribbon Schools Program recognizes to the vastness of galaxies—in biology, his country with honor. schools that have demonstrated a vi- chemistry, physics, materials science, In 1967, Roger Peterman enlisted in sion of educational excellence for all cosmology, industrial modeling, nu- the . He served in students, regardless of their social or clear power, and more. the field artillery in both enlisted and economic background. Since its incep- Using Oak Ridge’s computing facil- officer positions. He eventually moved tion, this program has allowed schools ity, scientists have expanded the scale through the ranks and rose to com- in every State to gain recognition for and scope of their research, solved mand two artillery batteries, an artil- educational accomplishments, particu- complex problems in less time, and lery battalion, the 38th Division Artil- larly in closing the achievement gaps filled critical gaps in scientific knowl- lery, and held numerous staff assign- among students. edge. ments before retiring in March 2000. Eden Elementary School has contin- The Oak Ridge Leadership Com- Colonel Peterman’s Army service was ually distinguished itself as a top-per- puting Facility has led the rapid evo- one of distinction, as evidenced by his forming school in Indiana. For the last lution of scientific computing that has numerous awards and decorations, in- 4 years, Eden Elementary has been produced a millionfold increase in com- cluding the Legion of Merit; Meri- named a Four Star School and named puting power and has been home to torious Service Medal with two oakleaf an A-rated school by the Indiana De- both the first teraflop—1 trillion cal- clusters; Army Commendation; Army partment of Education for 6 consecu- culations per second—and the first Achievement Medal; and the Army Re- tive years. petaflop—1 quadrillion calculations per serve Component Achievement Medal Eden Elementary attributes much of second—systems for scientific com- with a silver oakleaf cluster and two its success to its effective implementa- puting. Oak Ridge has twice placed two bronze oakleaf clusters. In 2012, he was tion of the professional learning com- supercomputing systems at the top of presented the Office of the Secretary of munity model. Teachers are encour- the international TOP500 list, where Defense Medal, and in 2014, the Na- aged to focus on higher order thinking, supercomputers are ranked by their tional Guard Association of the United integrating technology, and collabora- number-crunching performance. States awarded him the Distinguished tion with math and reading instruc- Today computer simulation is an es- Service Medal. In addition, Colonel tional coaches. This model also allows sential part of modern science, but in Peterman was recognized with the An- teachers to work on targeted areas to 1992, when Oak Ridge established its cient Order of Saint Barbara Medal by improve an individual student’s per- Center for Computational Sciences, the U.S. Field Artillery Association. formance, which is contributing to the which was later renamed the Oak Colonel Peterman has distinguished academic success of students. In addi- Ridge Leadership Computing Facility, himself beyond his military service. tion, this interactive model enables not many people thought that the next The transition from the military to ci- teachers to share resources and ask great center for high-performance com- vilian life can be a difficult one for our questions to ensure the curriculum is puting would be located in east Ten- veterans. We are grateful for Roger’s being met across grade levels. nessee.

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.029 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7059 As I have said many times, this re- Other companies were able to use dent in the 133 dogtags on display this gion has one of the most formidable simulations to extend the shelf life of year. The depth of service to our great concentrations of brainpower anywhere consumer products and to analyze com- county is rooted in the 308 crosses, in our country. bustion in gas turbines to improve per- some of which date back to service in The Department of Energy unleashed formance and lower emissions. the Civil War. A total of 441 individ- that brainpower when, later that year, Not only does supercomputing help uals, with service spanning over a cen- it selected Oak Ridge, along with its scientific discoveries and companies, tury and a half, is an impressive dis- partners, three national labs and seven supercomputers at our national labora- play of patriotism for any small com- universities, to lead one of the Office of tories can be used by Federal agencies munity. The record of service among Energy Research’s—now the Office of as a ‘‘secret weapon’’ in the effort to the people of Roberts is even more awe- Science—new high-performance com- combat issues like Medicare and Med- inspiring when you consider that, dur- puting research centers to serve sci- icaid waste, fraud, and abuse; to find ing the last census, the town had just entists from national laboratories, uni- terrorists and criminals; and to help 361 residents. versities, and private industry. the National Institutes of Health find Meanwhile, in 2002, Japan introduced cures and treatments for disease. As we gather to celebrate Veterans its Earth Simulator, which was at the Other countries have taken notice of Day, let us be encouraged by the exam- time five times more powerful than the Oak Ridge Leadership Computing ple of the folks in Roberts and take any other high-performance computer Facility’s success, tried to duplicate it, time to remember the accumulated in the world. and now threaten our lead in scientific sacrifices and ongoing commitment I traveled with former Senator Jeff computing. that allow so many to live in freedom. Bingaman to Japan, and we were The United States faces a choice be- To the people of Roberts, thank you for briefed on the significance of Japan’s tween falling behind competitors like punching above your weight class for investment in the Earth Simulator. China or advancing technologies that our Nation.∑ Japan’s development of the Earth can make us safer and more competi- Simulator meant that the United tive. f States no longer was the clear leader in In the June 2017 ranking of the high-performance computing, and for world’s most powerful supercomputers, TRIBUTE TO RONNIE LUPE the first time, American researchers China maintained the top two places, were looking abroad to obtain access to Switzerland was third, and Titan at the ∑ Mr. MCCAIN. Mr. President, I would the latest computing tools. Oak Ridge National Laboratory, which like to pay tribute to Ronnie Lupe, a Senator Bingaman and I made it a is the fastest supercomputer in the foreign war veteran and current chair- priority to recapture the lead in high- United States, moved down to fourth. man of the White Mountain Apache speed computing by introducing and In 2018, the Oak Ridge Leadership Tribe in Arizona. Chairman Lupe will passing the High-End Computing Revi- Computing Facility will complete be retiring next year following 50 years talization Act of 2004. Summit, which will be more than five of distinguished public service to his This legislation paved the way for times faster than Titan and will help Tribe. Oak Ridge to regain the lead in super- researchers better understand mate- Ronnie also honorably served his Na- computing. Within a few years, the rials and nuclear power and support tion overseas in Korea. As a young Oak Ridge Leadership Computing Fa- more energy breakthroughs. man, he journeyed far from his home- cility deployed a supercomputer called The fiscal year 2018 Energy and town of Cibecue to enlist in the U.S. Jaguar that would break the petaflop Water Development Appropriations Marine Corps. He soon found himself barrier—a quadrillion calculations per bill, which I wrote with Senator FEIN- across the Pacific and entrenched in second—in 2008 and take back the top STEIN, prioritizes supercomputing and combat. Thankfully, Ronnie returned spot on the TOP500 list in 2009. recommends $150 million for the Oak home safely to his family and friends. For the past 25 years, the Oak Ridge Ridge Leadership Computing Facility, Leadership Computing Facility has not as well as $381 million to support the Ronnie first joined the Tribal council only been home to some of the world’s delivery of the first exascale machine. in 1996. Since then, he has served as most powerful computers, but it has I am very proud of the men and chairman of the council for a remark- also been a global leader in the devel- women from all over the world who able nine terms. I have enjoyed work- opment of software applications and have come to east Tennessee and Oak ing closely with Chairman Lupe over tools for scientific research. That is Ridge National Laboratory to make the years. Ronnie is a tireless advocate important because it is not just about the Oak Ridge Leadership Computing for the principles of Tribal self-govern- having the fastest computer, it is also Facility a world-leading center for ance and Indian self-determination. He about having the experts who know computational scientific research. led efforts to resolve the Tribe’s water how to program and use them. I thank them for 25 years of hard rights claims and developed a reserva- Each year, the facility provides com- work and dedication, and I look for- tion-wide system for clean drinking puter systems 10 to 100 times more ward to their continued success an- water. powerful than most other computers swering some of the hardest scientific Ronnie was also a pioneer in Federal available for research for the lab’s own questions.∑ Indian policy concerning wildlife con- scientists, as well as international f servation, expanding Tribal control teams of scientists trying to make RECOGNIZING ROBERTS, MONTANA over reservation land, its forest, and breakthroughs on the toughest science natural resources. He oversaw the ∑ Mr. DAINES. Mr. President, with challenges. Tribe’s response and recovery in the Veterans Day approaching this week- Those scientists publish new science Rodeo-Chediski Fire in 2002 and the discoveries in nearly 500 research pa- end, I would like to recognize and ex- Wallow Fire in 2011—the two worst pers per year. press my gratitude for the patriotism, wildfires in Arizona history. As chair- Beyond basic science, dozens of com- selfless service, and community spirit man, he labored to build and nurture panies, from small businesses to For- of a small community in southern Tribal enterprises like Hon Dah Casino tune 500 giants, have used Oak Ridge Montana. The town of Roberts, in Car- and Sunrise Park Resort, which today supercomputers to accelerate their own bon County, is honoring military vet- are hubs of tourism and recreation in research and development and gain a erans by lining Highway 212 with the White Mountains of Arizona. competitive advantage in the global crosses and dogtags to represent market. servicemembers who have lived in Rob- Chairman Ronnie Lupe is a cele- For example, these high-performance erts. The crosses signify veterans who brated Tribal leader who brought about computers have allowed companies to have passed away, while the dogtags transformative and lasting changes to develop an add-on for long-haul trucks symbolize living veterans. the people of the White Mountain to optimize airflow, which improves The breadth of service in this scenic Apache Tribe. I am proud to call him fuel mileage by up to 10 percent. town north of Yellowstone Park is evi- my friend. I thank him for his service.∑

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G07NO6.032 S07NOPT1 S7060 CONGRESSIONAL RECORD — SENATE November 7, 2017 TRIBUTE TO JOANI SLAWSON AND fairs a warning regarding dishonest, preda- Rules for Open Burning and Incinerators; JAMES YAQUES tory, or otherwise unlawful practices tar- Withdrawal of Direct Final Rule’’ (FRL No. geting individuals who are eligible for in- 9970–41–Region 1) received in the Office of the ∑ Mr. RUBIO. Mr. President, I often creased pension on the basis of need for reg- President of the Senate on November 2, 2017; praise the talents and goodwill of Flo- ular aid and attendance, and for other pur- to the Committee on Environment and Pub- ridians across my home State, and poses; to the Committee on Veterans’ Af- lic Works. today is no different. Ms. Joani fairs. EC–3388. A communication from the Direc- Slawson, a music teacher at Saturn El- H.R. 3562. An act to amend title 38, United tor of the Regulatory Management Division, States Code, to authorize the Secretary of Environmental Protection Agency, transmit- ementary in Brevard County, and Mr. ting, pursuant to law, the report of a rule en- James Yaques, of Palm Beach Central Veterans Affairs to furnish assistance for ad- aptations of residences of veterans in reha- titled ‘‘Approval and Promulgation of Air High School, have been nominated for bilitation programs under chapter 31 of such Quality Implementation Plans; Maryland; a Grammy award. Their passion for title, and for other purposes; to the Com- Continuous Monitoring Requirements for teaching coupled with their musical mittee on Veterans’ Affairs. Municipal Waste Combustors’’ (FRL No. talent is rightly being recognized as H.R. 3656. An act to amend title 38, United 9970–28–Region 3) received in the Office of the they are both semifinalists for music States Code, to provide for a consistent eligi- President of the Senate on November 2, 2017; bility date for provision of Department of to the Committee on Environment and Pub- educator of the year. lic Works. As the Grammy process continues, I, Veterans Affairs memorial headstones and markers for eligible spouses and dependent EC–3389. A communication from the Chief along with my fellow Floridians, will of the Publications and Regulations Branch, children of veterans whose remains are un- Internal Revenue Service, Department of the be rooting for Ms. Slawson and Mr. available; to the Committee on Veterans’ Af- Treasury, transmitting, pursuant to law, the Yaques. I wish them, their respective fairs. report of a rule entitled ‘‘Treatment Under schools, and their students all the H.R. 3657. An act to amend title 38, United Section 956(c) of Certain Receivables Fol- best.∑ States Code, to authorize the Secretary of lowing Hurricane Irma or Hurricane Maria’’ Veterans Affairs to provide certain burial f (Notice 2017–68) received in the Office of the benefits for spouses and children of veterans President of the Senate on November 2, 2017; MESSAGE FROM THE HOUSE who are buried in tribal cemeteries; to the to the Committee on Finance. At 11:35 a.m., a message from the Committee on Veterans’ Affairs. EC–3390. A communication from the Chief House of Representatives, delivered by f of the Publications and Regulations Branch, Internal Revenue Service, Department of the Mr. Novotny, one of its reading clerks, EXECUTIVE AND OTHER announced that the House has passed Treasury, transmitting, pursuant to law, the COMMUNICATIONS report of a rule entitled ‘‘Relief for Victims the following bills, in which it requests of Hurricane Maria and California Wildfires’’ the concurrence of the Senate: The following communications were laid before the Senate, together with (Announcement 2017–15) received in the Of- H.R. 1066. An act to direct the Secretary of fice of the President of the Senate on No- Veterans Affairs to submit to the Commit- accompanying papers, reports, and doc- vember 2, 2017; to the Committee on Finance. tees on Veterans’ Affairs of the Senate and uments, and were referred as indicated: EC–3391. A communication from the Dep- the House of Representatives a report re- EC–3383. A communication from the Con- uty Director, Centers for Medicare and Med- garding the organizational structure of the gressional Review Coordinator, Animal and icaid Services, Department of Health and Department of Veterans Affairs, and for Plant Health Inspection Service, Department Human Services, transmitting, pursuant to other purposes. of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Medicare H.R. 3122. An act to direct the Secretary of law, the report of a rule entitled ‘‘Black and Medicaid Programs; Calendar Year 2018 Veterans Affairs to include on the Internet Stem Rust; Additions of Rust-Resistant Spe- Home Health Prospective Payment System website of the Department of Veterans Af- cies and Varieties’’ (Docket No. APHIS–2017– Rate Update and Calendar Year 2019 Case- fairs a warning regarding dishonest, preda- 0049) received in the Office of the President Mix Adjustment Methodology Refinements; tory, or otherwise unlawful practices tar- of the Senate on November 2, 2017; to the Home Health Value-Based Purchasing Model; geting individuals who are eligible for in- Committee on Agriculture, Nutrition, and and Home Health Quality Reporting Require- creased pension on the basis of need for reg- Forestry. ments’’ ((RIN0938–AT01) (CMS–1672–F)) re- ular aid and attendance, and for other pur- EC–3384. A communication from the Direc- ceived during adjournment of the Senate in poses. tor of the Regulatory Management Division, the Office of the President of the Senate on H.R. 3562. An act to amend title 38, United Environmental Protection Agency, transmit- November 3, 2017; to the Committee on Fi- States Code, to authorize the Secretary of ting, pursuant to law, the report of a rule en- nance. Veterans Affairs to furnish assistance for ad- titled ‘‘Benzovindiflupyr; Pesticide Toler- EC–3392. A communication from the Dep- uty Director, Centers for Medicare and Med- aptations of residences of veterans in reha- ances’’ (FRL No. 9967–33–OCSPP) received in icaid Services, Department of Health and bilitation programs under chapter 31 of such the Office of the President of the Senate on Human Services, transmitting, pursuant to title, and for other purposes. November 2, 2017; to the Committee on Agri- law, the report of a rule entitled ‘‘Medicare H.R. 3656. An act to amend title 38, United culture, Nutrition, and Forestry. Program; Hospital Outpatient Prospective States Code, to provide for a consistent eligi- EC–3385. A communication from the Direc- Payment and Ambulatory Surgical Center bility date for provision of Department of tor of the Regulatory Management Division, Payment Systems and Quality Reporting Veterans Affairs memorial headstones and Environmental Protection Agency, transmit- Programs’’ ((RIN0938–AT03) (CMS–1678–FC)) markers for eligible spouses and dependent ting, pursuant to law, the report of a rule en- received during adjournment of the Senate children of veterans whose remains are un- titled ‘‘Formaldehyde, polymer with 1,3- in the Office of the President of the Senate benzenediol, 2-methyloxirane and oxirane, available. on November 3, 2017; to the Committee on Fi- ethers with polyethylene glycol mono-Me H.R. 3657. An act to amend title 38, United nance. States Code, to authorize the Secretary of ether; Exemption from the Requirement of a EC–3393. A communication from the Dep- Veterans Affairs to provide certain burial Tolerance’’ (FRL No. 9969–99–OCSPP) re- uty Director, Centers for Medicare and Med- benefits for spouses and children of veterans ceived in the Office of the President of the icaid Services, Department of Health and who are buried in tribal cemeteries, and for Senate on November 2, 2017; to the Com- Human Services, transmitting, pursuant to other purposes. mittee on Agriculture, Nutrition, and For- law, the report of a rule entitled ‘‘Medicare f estry. Program; Revisions to Payment Policies EC–3386. A communication from the Direc- Under the Physician Fee Schedule and Other MEASURES REFERRED tor of the Regulatory Management Division, Revisions to Part B for Calendar Year 2018; The following bills were read the first Environmental Protection Agency, transmit- Medicare Shared Savings Program Require- ting, pursuant to law, the report of a rule en- ments; and Medicare Diabetes Prevention and the second times by unanimous titled ‘‘Formaldehyde, polymer with 1,3- consent, and referred as indicated: Program’’ ((RIN0938–AT02) (CMS–1676-F)) re- benzenediol, ethers with polyethylene glycol ceived during adjournment of the Senate in H.R. 1066. An act to direct the Secretary of mono-Me ether; Exemption from the Re- the Office of the President of the Senate on Veterans Affairs to submit to the Commit- quirement of a Tolerance’’ (FRL No. 9970–00– November 3, 2017; to the Committee on Fi- tees on Veterans’ Affairs of the Senate and OCSPP) received in the Office of the Presi- nance. the House of Representatives a report re- dent of the Senate on November 2, 2017; to EC–3394. A communication from the Dep- garding the organizational structure of the the Committee on Agriculture, Nutrition, uty Director, Centers for Medicare and Med- Department of Veterans Affairs, and for and Forestry. icaid Services, Department of Health and other purposes; to the Committee on Vet- EC–3387. A communication from the Direc- Human Services, transmitting, pursuant to erans’ Affairs. tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Medicare H.R. 3122. An act to direct the Secretary of Environmental Protection Agency, transmit- Program; Calendar Year 2018 Updates to the Veterans Affairs to include on the internet ting, pursuant to law, the report of a rule en- Quality Payer Program; and Quality Pay- website of the Department of Veterans Af- titled ‘‘Air Plan Approval; New Hampshire; ment Program: Extreme and Uncontrollable

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.032 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7061 Circumstance Policy for the Transition ferred or ordered to lie on the table as to get health care coverage from the United Year’’ ((RIN0938–AT13) (CMS–5522-FC and indicated: Mine Workers of America Health and Retire- IFC)) received during adjournment of the ment Funds and would repurpose the balance POM–133. A resolution adopted by the Senate in the Office of the President of the of an existing appropriation to provide fund- House of Representatives of the Common- Senate on November 3, 2017; to the Com- ing to shore up the pension plan; and wealth of Kentucky urging the United States mittee on Finance. Whereas, Representative David McKinley Congress to pass the Miners Protection Act; EC–3395. A communication from the Dep- of West Virginia has also introduced the to the Committee on Finance. uty Assistant Secretary, Legislative Affairs, Miners Protection Act in the House of Rep- Department of State, transmitting, pursuant HOUSE RESOLUTION NO. 136 resentatives, and it is also co-sponsored by to section 3(d) of the Arms Export Control Whereas, in 1946, faced with the prospect of both Republicans and Democrats; and Act, as amended, the certification of a pro- a long strike that could hamper post-war Whereas, America’s coal miners have sac- posed license for the transfer of major de- economic recovery, President Harry Truman rificed much for our nation, with more than fense equipment relative to the transfer of issued an Executive Order directing the Sec- 105,000 killed on the job in the last century fifteen (15) F–16A/B aircraft, including spare retary of the Interior to take possession of and more than 100,000 having died from coal parts and support equipment from the Gov- all bituminous coal mines in the United workers’ pneumoconiosis, also known as ernment of the Republic of Jordan to Air- States and to negotiate with the United black lung; and borne Tactical Advantage Company (ATAC) Mine Workers of America ‘‘appropriate Whereas, knowing those risks, miners have in the amount of $45,000,000 or more (Trans- changes in the terms and conditions of em- continued to go to work every day to provide mittal No. RSAT–17–5442); to the Committee ployment’’; and for their families, build secure futures for on Foreign Relations. Whereas, after a week of negotiations, the themselves, and produce the fuel that has al- EC–3396. A communication from the Chief historic Krug-Lewis agreement was an- lowed America to become the most powerful Privacy Officer, Department of Homeland nounced and signed in the White House with nation on earth; and Security, transmitting, pursuant to law, a President Truman as a witness; and Whereas, America has an obligation to our report entitled ‘‘Department of Homeland Whereas, the agreement created a welfare retired coal miners for the sacrifices they Security 2017 Privacy Office Annual Report and retirement fund that guaranteed life- have made for our nation: Now, therefore, be to Congress’’; to the Committee on Home- time payments to miners and their depend- it land Security and Governmental Affairs. ents and survivors in cases of sickness, per- Resolved by the House of Representatives of EC–3397. A communication from the Execu- manent disability, death or retirement; and the General Assembly of the Commonwealth of tive Director, Federal Retirement Thrift In- Whereas, the agreement also created a sep- Kentucky: vestment Board, transmitting, pursuant to arate medical and hospital fund; and Section 1. The Kentucky House of Rep- law, a report relative to thirteen audit re- Whereas, in 1947, the government returned resentatives urges the United States Con- ports issued during fiscal year 2017 regarding control of the mines back to their owners gress to pass the Miners Protection Act as the Agency and the Thrift Savings Plan; to and a new collective bargaining agreement soon as possible and provide the full measure the Committee on Homeland Security and was reached with the companies that guar- of benefits these retirees were promised and Governmental Affairs. anteed retirement benefits to miners and EC–3398. A communication from the Direc- have earned. their dependents and survivors for life; and Section 2. The Clerk of the House of Rep- tor, Office of Management, Department of Whereas, for the next 70 years, miners bar- Energy, transmitting, pursuant to law, a re- resentatives shall send a copy of this Resolu- gained for money to be dedicated to their tion and notification of its adoption to the port relative to the Department’s 2016 list of health care in retirement, because they Government activities determined to be in- President and Vice President of the United knew when they retired they would be sicker States, the Speaker of the United States herently governmental and those determined than the average senior citizen, with more to be not inherently governmental in nature House of Representatives, the Minority nagging injuries and a greater risk of black Leader of the United States House of Rep- and the Uniform Resource Locator (URL) for lung or some other cardio-pulmonary dis- the report; to the Committee on Homeland resentatives, the Majority Leader of the ease; and , the Minority Leader Security and Governmental Affairs. Whereas, the federal government has re- of the United States Senate, and each mem- EC–3399. A communication from the Chair- peatedly confirmed its role in guaranteeing ber of Kentucky’s delegation to the United man of the Council of the District of Colum- retirement benefits for coal miners; and States Congress. bia, transmitting, pursuant to law, a report Whereas, in 1992 Congress passed and Presi- on D.C. Act 22–170, ‘‘Standard of Care for dent George H.W. Bush signed into law the f Animals Amendment Act of 2017’’; to the Coal Act, which established an industry- Committee on Homeland Security and Gov- funded mechanism for paying for the health REPORTS OF COMMITTEES ernmental Affairs. care of retirees whose companies had gone The following reports of committees EC–3400. A communication from the Acting out of business; and were submitted: Assistant Secretary for Legislation, Depart- Whereas, in 2006, Congress and President ment of Health and Human Services, trans- George W. Bush amended the Coal Act to ex- By Mr. THUNE, from the Committee on mitting, pursuant to law, a report entitled pand the financial resources available to the Commerce, Science, and Transportation, ‘‘Episodic Alternative Payment Model For fund; and with an amendment in the nature of a sub- Radiation Therapy Services’’; to the Com- Whereas, a depression reigns in America’s stitute: mittee on Finance. coalfields today, with tens of thousands of S. 171. A bill to reauthorize and amend the EC–3401. A communication from the Fed- jobs eliminated; and National Oceanic and Atmospheric Adminis- eral Liaison Officer, Patent and Trademark Whereas, multiple companies have filed for tration Commissioned Officer Corps Act of Office, Department of Commerce, transmit- bankruptcy and received approval from 2002, to reauthorize the Hydrographic Serv- ting, pursuant to law, the report of a rule en- bankruptcy courts to shed their retiree obli- ices Improvement Act of 1998, and for other titled ‘‘Rule on Attorney-Client Privilege for gations, leaving more than 26,000 retirees purposes (Rept. No. 115–181). Trials Before the Patent Trial and Appeal confronting the loss of their health care ben- By Mr. BURR, from the Select Committee Board’’ (RIN0651–AD10) received in the Office efits; and on Intelligence: of the President of the Senate on November Whereas, like many other multiemployer Report to accompany S. 2010, An original 6, 2017; to the Committee on the Judiciary. pension funds, the United Mine Workers of bill to extend the FISA Amendments Act of EC–3402. A communication from the Assist- America 1974 Pension Fund lost a significant 2008 for 8 years, and for other purposes (Rept. ant Attorney General, Office of Legislative portion of its value in the recession of 2008 No. 115–182). Affairs, Department of Justice, transmit- through 2009, and, due to the devastation of f ting, pursuant to law, a report entitled ‘‘Uni- the coal industry, will not receive enough formed Services Employment and Reemploy- contributions from the employers to make EXECUTIVE REPORTS OF ment Rights Act of 1994 (USERRA) Quarterly up the shortfall, leading the fund to likely COMMITTEES Report to Congress; Fourth Quarter of Fiscal become insolvent by 2022; and Year 2017; to the Committee on Veterans’ Af- Whereas, on December 9, 2016, Congress The following executive reports of fairs. passed a Continuing Resolution to continue nominations were submitted: EC–3403. A communication from the Sec- funding for federal programs and services By Mr. MCCAIN for the Committee on retary of Veterans Affairs, transmitting pro- until April 28, 2017, including a provision pro- Armed Services. posed legislation entitled ‘‘Veteran Coordi- viding $45 million for continued health care *Joseph Kernan, of Florida, to be Under nated Access and Rewarding Experiences benefits for these retirees and their families Secretary of Defense for Intelligence. (CARE) Act’’; to the Committee on Veterans’ until April 30, 2017; and *Guy B. Roberts, of Virginia, to be an As- Affairs. Whereas, Senators Joe Manchin and Shel- sistant Secretary of Defense. f ley Moore Capito of West Virginia have in- *Mark T. Esper, of Virginia, to be Sec- PETITIONS AND MEMORIALS troduced legislation co-sponsored by Repub- retary of the Army. licans and Democrats, the Miners Protection *Robert L. Wilkie, of North Carolina, to be The following petition or memorial Act, that would amend the Coal Act to allow Under Secretary of Defense for Personnel was laid before the Senate and was re- retirees from recently bankrupt companies and Readiness.

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.010 S07NOPT1 S7062 CONGRESSIONAL RECORD — SENATE November 7, 2017

By Mr. BURR for the Select Committee on By Mr. BENNET (for himself, Ms. S. 372 Intelligence. BALDWIN, Mr. MERKLEY, Mr. MARKEY, At the request of Mr. PORTMAN, the John C. Demers, of Virginia, to be an As- and Mr. FRANKEN): name of the Senator from Pennsyl- sistant Attorney General. S. 2089. A bill to amend the Older Ameri- cans Act of 1965 to provide equal treatment vania (Mr. CASEY) was added as a co- *Nomination was reported with rec- sponsor of S. 372, a bill to amend the ommendation that it be confirmed sub- of LGBT older individuals, and for other pur- Tariff Act of 1930 to ensure that mer- ject to the nominee’s commitment to poses; to the Committee on Health, Edu- cation, Labor, and Pensions. chandise arriving through the mail respond to requests to appear and tes- By Mr. WICKER: shall be subject to review by U.S. Cus- tify before any duly constituted com- S. 2090. A bill to amend the Biggert-Waters toms and Border Protection and to re- mittee of the Senate. Flood Insurance Reform Act of 2012 to make quire the provision of advance elec- (Nominations without an asterisk reforms to flood mapping programs, and for were reported with the recommenda- other purposes; to the Committee on Bank- tronic information on shipments of tion that they be confirmed.) ing, Housing, and Urban Affairs. mail to U.S. Customs and Border Pro- By Mr. WICKER: tection and for other purposes. f S. 2091. A bill to amend the National Flood S. 445 Insurance Act of 1968 to provide relief from INTRODUCTION OF BILLS AND At the request of Ms. COLLINS, the JOINT RESOLUTIONS surcharges to small businesses and nonprofit organizations; to the Committee on Banking, name of the Senator from Colorado The following bills and joint resolu- Housing, and Urban Affairs. (Mr. GARDNER) was added as a cospon- tions were introduced, read the first By Mr. WICKER: sor of S. 445, a bill to amend title XVIII and second times by unanimous con- S. 2092. A bill to amend the Bunning-Bereu- of the Social Security Act to ensure sent, and referred as indicated: ter-Blumenauer Flood Insurance Reform Act more timely access to home health of 2004 to require insurance agents who sell By Ms. HARRIS (for herself and Mr. services for Medicare beneficiaries flood insurance policies under the National SULLIVAN): under the Medicare program. S. 2083. A bill to enhance cybersecurity in- Flood Insurance Program to take certain S. 497 formation sharing and coordination at ports continuing educational courses, and for in the United States, and for other purposes; other purposes; to the Committee on Bank- At the request of Ms. CANTWELL, the to the Committee on Commerce, Science, ing, Housing, and Urban Affairs. name of the Senator from Alaska (Mr. and Transportation. By Mr. WICKER: SULLIVAN) was added as a cosponsor of By Mr. WHITEHOUSE: S. 2093. A bill to amend the Omnibus Pub- lic Land Management Act of 2009 to clarify S. 497, a bill to amend title XVIII of the S. 2084. A bill to include community part- Social Security Act to provide for ners and intermediaries in the planning and the authority of the Administrator of the delivery of education and related programs, Federal Emergency Management Agency Medicare coverage of certain and for other purposes; to the Committee on with respect to post-storm assessments, and lymphedema compression treatment Health, Education, Labor, and Pensions. for other purposes; to the Committee on items as items of durable medical By Mr. CASEY (for himself and Ms. Homeland Security and Governmental Af- equipment. fairs. COLLINS): S. 591 S. 2085. A bill to amend the Agriculture f and Consumer Protection Act of 1973 to At the request of Mrs. MURRAY, the streamline application processes and reduce SUBMISSION OF CONCURRENT AND name of the Senator from Nevada (Ms. the administrative burden for the com- SENATE RESOLUTIONS CORTEZ MASTO) was added as a cospon- modity supplemental food program, and for The following concurrent resolutions sor of S. 591, a bill to expand eligibility other purposes; to the Committee on Agri- and Senate resolutions were read, and for the program of comprehensive as- culture, Nutrition, and Forestry. referred (or acted upon), as indicated: sistance for family caregivers of the By Mrs. SHAHEEN (for herself, Mr. By Mrs. SHAHEEN (for herself, Ms. Department of Veterans Affairs, to ex- TOOMEY, Mr. ALEXANDER, Mr. CASEY, pand benefits available to participants Ms. COLLINS, Mr. COONS, Mr. CORKER, COLLINS, Mr. BROWN, Ms. CANTWELL, Mr. DURBIN, Mrs. FEINSTEIN, Ms. HAS- Mr. COONS, Mr. DONNELLY, Ms. under such program, to enhance special SAN, Mr. HELLER, Mr. KAINE, Mr. HIRONO, Mr. INHOFE, Mr. KING, Ms. compensation for members of the uni- MARKEY, Mr. MCCAIN, Mrs. MCCAS- KLOBUCHAR, Mr. MENENDEZ, Mr. formed services who require assistance KILL, Mr. PORTMAN, Mr. WARNER, Ms. PETERS, Mr. ROUNDS, Ms. STABENOW, in everyday life, and for other pur- WARREN, and Mr. JOHNSON): and Mr. WARNER): poses. S. 2086. A bill to amend the Federal Agri- S. Res. 322. A resolution supporting the S. 611 culture Improvement and Reform Act of 1996 goals and ideals of American Diabetes to extend and modernize the sugar program, Month; to the Committee on Health, Edu- At the request of Mr. PORTMAN, the to extend and subsequently repeal the feed- cation, Labor, and Pensions. name of the Senator from South Caro- stock flexibility program for bioenergy pro- By Mr. GRASSLEY (for himself, Mrs. lina (Mr. SCOTT) was added as a cospon- ducers, to extend and subsequently replace FEINSTEIN, Ms. KLOBUCHAR, Mrs. sor of S. 611, a bill to amend the ERNST, Mrs. GILLIBRAND, Mrs. CAP- flexible marketing allotments for sugar, and McKinney-Vento Homeless Assistance for other purposes; to the Committee on Ag- ITO, Mr. JOHNSON, Ms. MURKOWSKI, and Mr. BOOKER): Act to meet the needs of homeless chil- riculture, Nutrition, and Forestry. dren, youth, and families, and honor By Mr. MARKEY (for himself and Mrs. S. Res. 323. A resolution requiring sexual harassment training for Members, officers, CAPITO): the assessments and priorities of local S. 2087. A bill to promote and ensure deliv- employees, interns, and fellows of the Senate communities. and a periodic survey of the Senate; to the ery of high-quality special education and re- S. 708 Committee on Rules and Administration. lated services to students with visual disabil- At the request of Mr. MARKEY, the ities or who are deaf or hard of hearing or f name of the Senator from Pennsyl- deaf-blind through instructional methodolo- gies meeting their unique learning needs, to ADDITIONAL COSPONSORS vania (Mr. CASEY) was added as a co- enhance accountability for the provision of S. 236 sponsor of S. 708, a bill to improve the such services, and for other purposes; to the At the request of Mr. WYDEN, the ability of U.S. Customs and Border Committee on Health, Education, Labor, and name of the Senator from Pennsyl- Protection to interdict fentanyl, other Pensions. vania (Mr. TOOMEY) was added as a co- synthetic opioids, and other narcotics By Mrs. FISCHER: sponsor of S. 236, a bill to amend the and psychoactive substances that are S. 2088. A bill to amend title 10, United illegally imported into the United States Code, to provide for the issuance of Internal Revenue Code of 1986 to re- the Gold Star Installation Access Card to the form taxation of alcoholic beverages. States, and for other purposes. surviving spouse, dependent children, and S. 256 S. 794 other next of kin of a member of the Armed At the request of Ms. HEITKAMP, the At the request of Mr. ISAKSON, the Forces who dies while serving on certain ac- name of the Senator from New Hamp- names of the Senator from South Da- tive or reserve duty, to ensure that a remar- shire (Mrs. SHAHEEN) was added as a co- kota (Mr. THUNE) and the Senator from ried surviving spouse with dependent chil- sponsor of S. 256, a bill to establish the New Hampshire (Mrs. SHAHEEN) were dren of the deceased member remains eligi- ble for installation benefits to which the sur- Stop, Observe, Ask, and Respond to added as cosponsors of S. 794, a bill to viving spouse was previously eligible, and for Health and Wellness Training pilot pro- amend title XVIII of the Social Secu- other purposes; to the Committee on Armed gram to address human trafficking in rity Act in order to improve the proc- Services. the health care system. ess whereby Medicare administrative

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.014 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7063 contractors issue local coverage deter- (Mrs. GILLIBRAND) was added as a co- cosponsor of S. 1690, a bill to amend the minations under the Medicare pro- sponsor of S. 1218, a bill to promote Higher Education Act of 1965 to provide gram, and for other purposes. Federal employment for veterans, and greater support to students with de- S. 801 for other purposes. pendents, and for other purposes. At the request of Mr. LEE, the name S. 1323 S. 1693 of the Senator from Wyoming (Mr. At the request of Mr. SULLIVAN, the At the request of Mr. PORTMAN, the BARRASSO) was added as a cosponsor of name of the Senator from Maine (Ms. names of the Senator from Wyoming S. 801, a bill to amend the Fair Labor COLLINS) was added as a cosponsor of S. (Mr. BARRASSO), the Senator from Iowa Standards Act of 1938 to provide com- 1323, a bill to preserve United States (Mr. GRASSLEY) and the Senator from pensatory time for employees in the fishing heritage through a national Utah (Mr. HATCH) were added as co- private sector. program dedicated to training and as- sponsors of S. 1693, a bill to amend the Communications Act of 1934 to clarify S. 872 sisting the next generation of commer- cial fishermen, and for other purposes. that section 230 of that Act does not At the request of Mr. GRASSLEY, the prohibit the enforcement against pro- S. 1333 name of the Senator from Arkansas viders and users of interactive com- (Mr. BOOZMAN) was added as a cospon- At the request of Mr. TESTER, the puter services of Federal and State sor of S. 872, a bill to amend title XVIII name of the Senator from Minnesota criminal and civil law relating to sex of the Social Security Act to make per- (Mr. FRANKEN) was added as a cospon- trafficking. manent the extension of the Medicare- sor of S. 1333, a bill to provide for rent- S. 1719 dependent hospital (MDH) program and al assistance for homeless or at-risk In- At the request of Mr. BLUNT, the the increased payments under the dian veterans. name of the Senator from Montana Medicare low-volume hospital pro- S. 1539 (Mr. DAINES) was added as a cosponsor gram. At the request of Ms. KLOBUCHAR, the of S. 1719, a bill to eliminate duties on S. 925 names of the Senator from Pennsyl- imports of recreational performance At the request of Mrs. ERNST, the vania (Mr. CASEY), the Senator from outerwear, to establish the Sustainable name of the Senator from New Hamp- Connecticut (Mr. BLUMENTHAL) and the Textile and Apparel Research Fund, shire (Ms. HASSAN) was added as a co- Senator from Illinois (Mr. DURBIN) and for other purposes. sponsor of S. 925, a bill to amend title were added as cosponsors of S. 1539, a S. 1782 38, United States Code, to improve the bill to protect victims of stalking from At the request of Ms. COLLINS, the ability of health care professionals to gun violence. name of the Senator from Wyoming treat veterans through the use of tele- S. 1591 (Mr. BARRASSO) was added as a cospon- medicine, and for other purposes. At the request of Mr. VAN HOLLEN, sor of S. 1782, a bill to amend the Inter- S. 937 the names of the Senator from Mon- nal Revenue Code of 1986 to modify the At the request of Mr. CASEY, the tana (Mr. TESTER), the Senator from definition of full-time employee for name of the Senator from Maryland Nevada (Ms. CORTEZ MASTO), the Sen- purposes of the employer mandate in (Mr. VAN HOLLEN) was added as a co- ator from Massachusetts (Ms. WARREN) the Patient Protection and Affordable sponsor of S. 937, a bill to amend the and the Senator from Hawaii (Mr. Care Act. Internal Revenue Code of 1986 to pro- SCHATZ) were added as cosponsors of S. S. 1829 vide for a refundable adoption tax cred- 1591, a bill to impose sanctions with re- At the request of Mr. GRASSLEY, the it. spect to the Democratic People’s Re- name of the Senator from New Hamp- S. 1014 public of Korea, and for other purposes. shire (Ms. HASSAN) was added as a co- At the request of Mrs. FISCHER, the S. 1611 sponsor of S. 1829, a bill to amend title name of the Senator from Connecticut At the request of Mr. HOEVEN, the V of the Social Security Act to extend (Mr. MURPHY) was added as a cosponsor name of the Senator from Louisiana the Maternal, Infant, and Early Child- of S. 1014, a bill to direct the Secretary (Mr. CASSIDY) was added as a cosponsor hood Home Visiting Program. of Veterans Affairs to make grants to of S. 1611, a bill to amend title 38, S. 1871 eligible organizations to provide serv- United States Code, to allow the Sec- At the request of Mr. CASSIDY, the ice dogs to veterans with severe post- retary of Veterans Affairs to enter into name of the Senator from Michigan traumatic stress disorder, and for other certain agreements with non-Depart- (Mr. PETERS) was added as a cosponsor purposes. ment of Veterans Affairs health care of S. 1871, a bill to amend title 38, United States Code, to clarify the role S. 1109 providers if the Secretary is not fea- of podiatrists in the Department of At the request of Mr. MERKLEY, the sibly able to provide health care in fa- Veterans Affairs, and for other pur- names of the Senator from Oregon (Mr. cilities of the Department or through poses. WYDEN), the Senator from Montana contracts or sharing agreements, and S. 1927 (Mr. TESTER) and the Senator from for other purposes. At the request of Mr. DURBIN, the New Hampshire (Mrs. SHAHEEN) were S. 1621 name of the Senator from New Jersey added as cosponsors of S. 1109, a bill to At the request of Mr. WICKER, the (Mr. BOOKER) was added as a cosponsor amend title VIII of the Public Health name of the Senator from Nevada (Mr. of S. 1927, a bill to amend section Service Act to extend advanced edu- HELLER) was added as a cosponsor of S. 455(m) of the Higher Education Act of cation nursing grants to support clin- 1621, a bill to require the Federal Com- 1965 in order to allow adjunct faculty ical nurse specialist programs, and for munications Commission to establish a members to qualify for public service other purposes. methodology for the collection by the loan forgiveness. S. 1198 Commission of information about com- S. 1936 mercial mobile service and commercial At the request of Ms. WARREN, the At the request of Mr. COTTON, the mobile data service, and for other pur- name of the Senator from New Hamp- name of the Senator from Kansas (Mr. poses. shire (Ms. HASSAN) was added as a co- MORAN) was added as a cosponsor of S. sponsor of S. 1198, a bill to protect indi- S. 1624 1936, a bill to amend title 38, United viduals who are eligible for increased At the request of Mr. UDALL, the States Code, to provide for the designa- pension under laws administered by the name of the Senator from California tion of State approving agencies for Secretary of Veterans Affairs on the (Mrs. FEINSTEIN) was added as a co- multi-State apprenticeship programs basis of need of regular aid and attend- sponsor of S. 1624, a bill to prohibit the for purposes of the educational assist- ance from dishonest, predatory, or oth- use of chlorpyrifos on food, and for ance programs of the Department of erwise unlawful practices, and for other purposes. Veterans Affairs, and for other pur- other purposes. S. 1690 poses. S. 1218 At the request of Ms. DUCKWORTH, S. 1988 At the request of Ms. HEITKAMP, the the name of the Senator from Min- At the request of Mr. WICKER, the name of the Senator from New York nesota (Mr. FRANKEN) was added as a name of the Senator from Kansas (Mr.

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.016 S07NOPT1 S7064 CONGRESSIONAL RECORD — SENATE November 7, 2017 MORAN) was added as a cosponsor of S. KEY) were added as cosponsors of S. (2) 23.8 percent of individuals with diabetes 1988, a bill to streamline broadband in- 2080, a bill to increase the role of the fi- in the United States have not been diagnosed frastructure permitting on established nancial industry in combating human with the disease; Whereas, according to the CDC— public rights-of-way, and for other pur- trafficking. (1) an individual who is 20 years of age or poses. S. RES. 139 older is diagnosed with diabetes every 21 sec- S. 2001 At the request of Mr. WYDEN, the onds; At the request of Mr. SCHATZ, the names of the Senator from Illinois (Ms. (2) the prevalence of diabetes in the United DUCKWORTH), the Senator from Kansas States increased more than threefold be- name of the Senator from Pennsyl- tween 1990 and 2015; and vania (Mr. CASEY) was added as a co- (Mr. MORAN), the Senator from Con- (3) in the United States in 2015, diabetes sponsor of S. 2001, a bill to establish a necticut (Mr. MURPHY), the Senator was the seventh leading cause of death and State public option through Medicaid from Tennessee (Mr. ALEXANDER), the contributed to the deaths of more than to provide Americans with the choice Senator from Oregon (Mr. MERKLEY), 252,806 individuals during that year; of a high-quality, low-cost health in- the Senator from Pennsylvania (Mr. Whereas approximately 4,110 adults in the surance plan. TOOMEY), the Senator from Maryland United States are diagnosed with diabetes each day; (Mr. VAN HOLLEN) and the Senator S. 2023 Whereas the CDC estimates that approxi- At the request of Mr. RUBIO, the from Pennsylvania (Mr. CASEY) were mately 1,500,000 adults in the United States name of the Senator from Texas (Mr. added as cosponsors of S. Res. 139, a were newly diagnosed with diabetes in 2015; CRUZ) was added as a cosponsor of S. resolution condemning the Govern- Whereas a joint study carried out by the 2023, a bill to require a study regarding ment of Iran’s state-sponsored persecu- National Institutes of Health and the CDC tion of its Baha’i minority and its con- found that, in the United States during 2011 security measures and equipment at and 2012, an estimated 17,900 youths were Cuba’s airports, require the standard- tinued violation of the International Covenants on Human Rights. newly diagnosed with type 1 diabetes and ization of Federal Air Marshal Service 5,300 youths were newly diagnosed with type agreements, require efforts to raise S. RES. 250 2 diabetes; international aviation security stand- At the request of Mr. MCCAIN, the Whereas, in the United States, more than ards, and for other purposes. name of the Senator from Maine (Ms. 12 percent of adults and 25.2 percent of indi- OLLINS viduals who are 65 years of age or older in S. 2037 C ) was added as a cosponsor of S. Res. 250, a resolution condemning hor- the United States have diabetes; At the request of Mr. DURBIN, the Whereas the risk of developing diabetes at name of the Senator from Vermont rific acts of violence against Burma’s Rohingya population and calling on some point in life is 40 percent for adults in (Mr. SANDERS) was added as a cospon- the United States; sor of S. 2037, a bill to amend the High- Aung San Suu Kyi to play an active Whereas, after accounting for the dif- er Education Act of 1965 regarding pro- role in ending this humanitarian trag- ference of the average age of each popu- prietary institutions of higher edu- edy. lation, data surveying adults in the United S. RES. 279 States between 2013 and 2015 indicates that— cation in order to protect students and (1) 7.4 percent of non-Hispanic Whites, 12.7 taxpayers. At the request of Mr. MCCAIN, the name of the Senator from Massachu- percent of non-Hispanic Blacks, 12.1 percent S. 2044 of Hispanics, and 8 percent of Asian Ameri- setts (Ms. WARREN) was added as a co- At the request of Mr. BLUMENTHAL, cans suffer from diagnosed diabetes; and sponsor of S. Res. 279, a resolution re- (2) with respect to Hispanic adults, 8.5 per- the name of the Senator from Virginia affirming the commitment of the cent of individuals of Central and South (Mr. KAINE) was added as a cosponsor of United States to promote democracy, American descent, 9 percent of individuals of S. 2044, a bill to amend title 18, United human rights, and the rule of law in Cuban descent, 13.8 percent of individuals of States Code, to protect more victims of Cambodia. Mexican descent, and 12 percent of individ- domestic violence by preventing their uals of Puerto Rican descent suffer from di- abusers from possessing or receiving f agnosed diabetes; firearms, and for other purposes. SUBMITTED RESOLUTIONS Whereas, according to the American Diabe- tes Association, the United States spent an S. 2045 estimated $245,000,000,000 on cases of diag- At the request of Mr. BLUMENTHAL, SENATE RESOLUTION 322—SUP- nosed diabetes in 2012; the name of the Senator from Virginia Whereas the American Diabetes Associa- PORTING THE GOALS AND tion reports that 20 percent of the money (Mr. KAINE) was added as a cosponsor of IDEALS OF AMERICAN DIABETES S. 2045, a bill to establish a grant pro- that the United States spent on health care MONTH in 2012 went toward caring for individuals gram to encourage States to adopt cer- Mrs. SHAHEEN (for herself, Ms. COL- with diabetes; tain policies and procedures relating to Whereas a Mathematica Policy Research LINS, Mr. BROWN, Ms. CANTWELL, Mr. the transfer and possession of firearms. study found that total expenditures for indi- COONS, Mr. DONNELLY, Ms. HIRONO, Mr. S. 2060 viduals with diabetes receiving benefits INHOFE, Mr. KING, Ms. KLOBUCHAR, Mr. At the request of Mr. MCCAIN, the under the Medicare program under title MENENDEZ, Mr. PETERS, Mr. ROUNDS, name of the Senator from Maine (Ms. XVIII of the Social Security Act (42 U.S.C. Ms. STABENOW, and Mr. WARNER) sub- 1395 et seq.) in fiscal year 2005 comprised 32.7 COLLINS) was added as a cosponsor of S. mitted the following resolution; which percent of the budget for the Medicare pro- 2060, a bill to promote democracy and was referred to the Committee on gram in that fiscal year; human rights in Burma, and for other Health, Education, Labor, and Pen- Whereas a cure for diabetes does not exist, purposes. as of November 2017; sions: S. 2065 Whereas there are successful means to re- S. RES. 322 duce the incidence, and delay the onset, of At the request of Mr. YOUNG, the Whereas, according to the Centers for Dis- type 2 diabetes; names of the Senator from New Hamp- ease Control and Prevention (referred to in Whereas, with proper management and shire (Mrs. SHAHEEN), the Senator from this preamble as the ‘‘CDC’’)— treatment, individuals with diabetes live Louisiana (Mr. CASSIDY) and the Sen- (1) 30,300,000 individuals in the United healthy and productive lives; and ator from Colorado (Mr. GARDNER) were States have diabetes; and Whereas individuals in the United States added as cosponsors of S. 2065, a bill to (2) an estimated 84,100,000 individuals in celebrate American Diabetes Month in No- establish a demonstration program to the United States who are 20 years of age or vember: Now, therefore, be it older have prediabetes; Resolved, That the Senate— provide integrated care for Medicare Whereas diabetes is a serious chronic con- (1) supports the goals and ideals of Amer- beneficiaries with end-stage renal dis- dition that affects individuals of every age, ican Diabetes Month, including— ease, and for other purposes. race, ethnicity, and income level; (A) encouraging individuals in the United S. 2080 Whereas the CDC reports that— States to fight diabetes through public At the request of Ms. WARREN, the (1) Hispanic Americans, African Ameri- awareness of prevention and treatment op- names of the Senator from Oregon (Mr. cans, Asian Americans, and Native Ameri- tions; and cans are disproportionately affected by dia- (B) enhancing diabetes education; WYDEN), the Senator from Connecticut betes and suffer from the disease at rates (2) recognizes the importance of early de- (Mr. BLUMENTHAL), the Senator from that are much higher than those rates with tection, awareness of the symptoms, and un- Minnesota (Ms. KLOBUCHAR) and the respect to the general population of the derstanding the risk factors of diabetes, in- Senator from Massachusetts (Mr. MAR- United States; and cluding—

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.019 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7065 (A) being— because of sex that is prohibited under sec- (2) sexual harassment victims or sexual (i) older than 45 years of age; or tion 201 of the Congressional Accountability harassment victim advocates. (ii) overweight; and Act of 1995 (2 U.S.C. 1311). SEC. 4. PERIODIC SURVEY. (B) having— SEC. 3. SEXUAL HARASSMENT TRAINING. During each Congress, the Sergeant at (i) a particular racial and ethnic back- (a) IN GENERAL.—The Committee on Rules Arms and Doorkeeper of the Senate shall— ground; and Administration of the Senate shall issue (1) in consultation with the Office of Com- (ii) a low level of physical activity; rules as expeditiously as possible requiring pliance, the Senate Chief Counsel for Em- (iii) high blood pressure; each individual serving in a covered position ployment, and an entity having expertise in (iv) a family history of diabetes; or to periodically complete sexual harassment developing surveys, conduct an anonymous (v) a history of diabetes during pregnancy; training provided by the Office of Compli- survey of Members, officers, and employees and ance or the Office of the Senate Chief Coun- of the Senate relating to the prevalence of (3) supports decreasing the prevalence of sel for Employment. sexual harassment in the Senate during the (b) REQUIREMENTS.—The rules issued under type 1, type 2, and gestational diabetes in previous Congress, which shall include ques- subsection (a) shall require that— the United States through increased re- tions regarding— (1) an individual elected, appointed, or as- search, treatment, and prevention. (A) the experience of the respondent with signed to a covered position after the date on sexual harassment or related inappropriate f which the rules are issued who was not serv- behavior in the Senate; and ing in a covered position immediately before SENATE RESOLUTION 323—REQUIR- (B) if the respondent experienced sexual being so elected, appointed, or assigned shall ING SEXUAL HARASSMENT harassment or related inappropriate behav- complete training described in subsection (a) TRAINING FOR MEMBERS, OFFI- ior and did not initiate the process under not later than 60 days after the date on CERS, EMPLOYEES, INTERNS, title IV of the Congressional Accountability which the individual assumes the position; Act of 1995 (2 U.S.C. 1401 et seq.), why the re- AND FELLOWS OF THE SENATE (2) an individual serving in a covered posi- spondent chose not to do so; AND A PERIODIC SURVEY OF tion on the date on which the rules are (2) submit only to the Chairman and Rank- THE SENATE issued who has not previously completed ing Member of the Committee on Rules and training described in subsection (a) shall Mr. GRASSLEY (for himself, Mrs. Administration, the Chairman and Ranking complete such training not later than 60 FEINSTEIN, Ms. KLOBUCHAR, Mrs. Member of the Committee on the Judiciary, days after the date on which the rules are ERNST, Mrs. GILLIBRAND, Mrs. CAPITO, and the Chairman and Ranking Member of issued; the Committee on Homeland Security and Mr. JOHNSON, Ms. MURKOWSKI, and Mr. (3) in addition to complying with para- Governmental Affairs of the Senate a report BOOKER) submitted the following reso- graphs (1) and (2), each individual serving in on the results of the survey; and lution; which was referred to the Com- a covered position shall complete a course of (3) take all steps necessary to preserve the mittee on Rules and Administration: training described in subsection (a) periodi- anonymity of survey respondents and pro- cally, as specified by the Committee on S. RES. 323 tect the confidentiality of any data that is Rules and Administration of the Senate; and Resolved, collected under this section. (4) the head of each covered office shall SECTION 1. SHORT TITLE. Mr. GRASSLEY. Mr. President, alle- This resolution may be cited as the ‘‘Sen- submit to the Committee on Rules and Ad- ate Training on Prevention of Sexual Harass- ministration of the Senate— gations of sexual harassment against a ment Resolution’’ or the ‘‘STOP Sexual Har- (A) a list of each individual serving in a growing number of people have sur- assment Resolution’’. covered position in the covered office on the faced recently. Some facing the accusa- date on which the rules are issued who pre- SEC. 2. DEFINITIONS. tions have issued public apologies, viously completed training described in sub- In this resolution— while others have maintained their in- section (a); (1) the term ‘‘covered office’’ means an of- (B) information regarding the completion nocence. But the allegations continue fice, including a joint commission or joint of training described in subsection (a) after to mount, and as each new one sur- committee, employing employees of the Sen- the date on which the rules are issued by an faces, so grows my concern about ate; individual serving in a covered position in whether we’re doing enough to combat (2) the term ‘‘covered position’’ means a the covered office; and position as— this problem. (C) notice of a failure by an individual (A) a Member, officer, or employee of the There are many things on which serving in a covered position in the covered Senate; members of this chamber don’t agree, office to comply with the rules. (B) an intern or fellow serving in a position but one thing on which we can and (c) CONTENTS OF TRAINING.—It is the sense in a covered office— of the Senate that, for purposes of training should agree is this: sexual harassment (i) without regard to whether the intern or conducted after the date on which the rules has no place in the workforce. And it fellow receives compensation; and are issued under subsection (a), the sexual certainly has no place in the halls of (ii) if the intern or fellow does receive com- harassment training described in subsection Congress. pensation, without regard to the source of (a) should be reviewed and updated to in- compensation; or To signal how seriously I take this clude— issue, I last week called on the Senate (C) a detailee serving in a position in a cov- (1) information and practical guidance re- ered office, without regard to whether the garding any applicable Federal laws con- Rules Committee to impose a require- service is on a reimbursable basis; cerning the prohibition against and the pre- ment of sexual harassment training for (3) the term ‘‘employee of the Senate’’ vention and correction of sexual harassment every employee in this chamber. means an individual whose pay is disbursed and the rights of victims of sexual harass- Today, I’m introducing a bipartisan by the Secretary of the Senate, without re- ment in employment; resolution to ensure that the Rules gard to the term of the appointment; (2) practical examples aimed at instructing Committee has the authority necessary (4) the term ‘‘head of a covered office’’ supervisors in the prevention of harassment, means— to ensure that every member of this discrimination, and retaliation; chamber, every employee on the Sen- (A) the Member, officer, or employee of the (3) presentations by individuals with Senate having final authority to appoint, knowledge and expertise in the prevention of ate payroll, and every unpaid Senate hire, discharge, and set the terms, condi- harassment, discrimination, and retaliation; intern receives anti-harassment train- tions, or privileges of the employment of the (4) a discussion of the consequences for per- ing. employees of the Senate employed by a cov- petrators of sexual harassment; and This is not an onerous requirement, ered office; or (5) information regarding the prohibition and it’s one that’s long overdue. Train- (B) in the case of a joint committee or under the Congressional Accountability Act ing materials on harassment already joint commission, the Senator from the ma- of 1995 (2 U.S.C. 1301 et seq.) against retalia- jority party of the Senate who— exist, thanks to the Congressional Of- tion against witnesses to, or individuals who fice of Compliance and our Office of the (i) is a member of, or has authority over, experience, sexual harassment and who re- the covered office; and port the harassment. Senate Chief Counsel for Employment. (ii)(I) serves in the highest leadership role (d) CONSULTATION.—It is the sense of the It’s already mandatory for my Judici- in the committee or commission; or Senate that the Office of Compliance and the ary Committee staff and personal of- (II) if there is no such leadership role for a Office of the Senate Chief Counsel for Em- fice staff to take anti-harassment Senator in the committee or commission, is ployment should, in implementing the train- training. The executive branch and the most senior Senator on the committee or ing described in subsection (a) and making some private employers already have commission; any updates to the training in accordance (5) the term ‘‘officer’’ means an elected or with subsection (c), consult with— instituted similar training require- appointed officer of the Senate; and (1) entities having significant expertise in ments for their employees. (6) the term ‘‘sexual harassment’’ means identifying, preventing, and responding to More than two decades ago, I spon- harassment that constitutes discrimination sexual harassment; and sored the Congressional Accountability

VerDate Sep 11 2014 01:18 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.024 S07NOPT1 S7066 CONGRESSIONAL RECORD — SENATE November 7, 2017 Act as a sign of our commitment to On page 6, line 17, strike ‘‘Chief Perform- November 7, 2017, at 2:30 p.m., in room promoting fairness in the workplace. ance Officer’’ and insert ‘‘Performance Im- SH–219 to conduct a closed hearing. provement Officer’’. This 1995 statute requires Congress to SUBCOMMITTEE ON COMMUNICATIONS, On page 7, line 18, strike ‘‘Chief Perform- follow the same civil rights, labor, TECHNOLOGY, INNOVATION, AND THE INTERNET ance Officer’’ and insert ‘‘Performance Im- workplace safety, and health laws to provement Officer’’. The Subcommittee on Communica- which other employers are subject. The On page 9, lines 22 and 23, strike ‘‘date of tions, Technology, Innovation, and the law also established our Office of Com- enactment of this Act, and annually there- Internet of the Committee on Com- pliance to implement the law’s dispute after for 10 years’’ and insert ‘‘date on which merce, Science, and Transportation is resolution, education, and enforcement all covered agencies have submitted the first authorized to meet during the session provisions for Congress. That office not annual reports to the Director required of the Senate on Tuesday, November 7, only mediates sexual harassment com- under section 6(d)(1), and every 2 years there- 2017, at 10 a.m., in room SR–253 to con- plaints but also has developed sexual after until the date that is 10 years after such date’’. duct a hearing entitled ‘‘Advancing the harassment training for congressional On page 10, lines 3 and 4, strike ‘‘quality of Internet of Things in Rural America.’’ offices. The Office of the Senate Chief services provided to the public by each cov- SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND Counsel for Employment also makes ered agency’’ and insert ‘‘data collected and INTERNATIONAL CYBERSECURITY POLICY anti-harassment training available to reported by the covered agencies’’. The Subcommittee on East Asia, the Senators and staff. On page 10, strike lines 10 through 12 and Pacific, and International Cybersecu- The resolution I’m introducing today insert the following: rity Policy of the Committee on For- also calls for the Sergeant at Arms to (2) a description of how each covered agen- cy will use the voluntary feedback received eign Relations is authorized to meet develop an anonymous survey on the during the session of the Senate on prevalence of sexual harassment in the by the covered agency to improve service de- livery. Tuesday, November 7, 2017, at 2:30 p.m. Senate. This survey, which will be con- to conduct a closed hearing. ducted every two years, is to be devel- f f oped in consultation with the Office of AUTHORITY FOR COMMITTEES TO Compliance and Office of the Senate MEET PRIVILEGES OF THE FLOOR Chief Counsel for Employment. Mr. STRANGE. Mr. President, I have Mr. MERKLEY. Mr. President, I ask I have tremendous respect for my 6 requests for committees to meet dur- unanimous consent that my intern, colleagues on both sides of the aisle. I ing today’s session of the Senate. They Kaila Davis, be granted privileges of believe each of you works hard to en- have the approval of the Majority and the floor for the remainder of the day. sure that your offices are professional, Minority leaders. The PRESIDING OFFICER. Without free of harassment, and places where Pursuant to rule XXVI, paragraph objection, it is so ordered. merit’s rewarded. But I think we have 5(a), of the Standing Rules of the Sen- f to acknowledge that in our society, de- ate, the following committees are au- spite our best efforts and intentions, FEDERAL AGENCY CUSTOMER thorized to meet during today’s session EXPERIENCE ACT OF 2017 sexual harassment remains a serious of the Senate: problem. And we must work together Mr. DAINES. Mr. President, I ask COMMITTEE ON ARMED SERVICES to make sure that the Senate remains unanimous consent that the Senate The Committee on Armed Services is free from harassment. proceed to the immediate consider- authorized to meet during the session Some may say that policies regard- ation of Calendar No. 220, S. 1088. ing sexual harassment should be left to of the Senate on Tuesday, November 7, The PRESIDING OFFICER. The the discretion of each office. But I be- 2017, at 10 a.m., to conduct a hearing on clerk will report the bill by title. lieve it’s important for every Senate the following nominations: Robert The bill clerk read as follows: Behler, of Pennsylvania, to be Director office to have a consistent stance on A bill (S. 1088) to require the collection of this particular issue. Every office of Operational Test and Evaluation, voluntary feedback on services provided by should receive the same training so the Dean L. Winslow, of Delaware, to be an agencies, and for other purposes. Senate maintains a culture in which Assistant Secretary, Thomas B. Modly, There being no objection, the Senate harassment is not tolerated. This is a of Maryland, to be Under Secretary of proceeded to consider the bill, which common interest we all share. The vot- the Navy, and James F. Geurts, of had been reported from the Committee ers who sent us here expect the best. Pennsylvania, to be an Assistant Sec- on Homeland Security and Govern- We owe it to the American people to retary of the Navy, all of the Depart- mental Affairs, with amendments, as hold ourselves and our employees to ment of Defense. follows: the highest standards of conduct and COMMITTEE ON BANKING, HOUSING, AND URBAN (The parts of the bill intended to be professionalism. AFFAIRS stricken are shown in boldface brack- Mr. President, I want to close by The Committee on Banking, Housing, ets and the parts of the bill intended to thanking Senators FEINSTEIN, KLO- and Urban Affairs is authorized to be inserted are shown in italics.) meet during the session of the Senate BUCHAR, ERNST, and GILLIBRAND for S. 1088 on Tuesday, November 7, 2017, at 10 working so closely with me on the de- Be it enacted by the Senate and House of Rep- velopment of this resolution. I urge my a.m. to conduct an executive hearing resentatives of the United States of America in colleagues to embrace a common sense on S. 1591 ‘‘The Banking Restrictions Congress assembled, approach to preventing sexual harass- Involving North Korea (BRINK) Act of SECTION 1. SHORT TITLE. ment by supporting its passage. 2017.’’ This Act may be cited as the ‘‘Federal f COMMITTEE ON HOMELAND SECURITY AND Agency Customer Experience Act of 2017’’. GOVERNMENTAL AFFAIRS SEC. 2. FINDINGS; SENSE OF CONGRESS. AMENDMENTS SUBMITTED AND The Committee on Homeland Secu- (a) FINDINGS.—Congress finds that— PROPOSED rity and Governmental Affairs is au- (1) the Federal Government serves the peo- SA 1580. Mr. DAINES (for Mrs. MCCASKILL) thorized to meet during the session of ple of the United States and should seek to proposed an amendment to the bill S. 1088, to the Senate on Tuesday, November 7, continually improve public services provided by the Federal Government based on cus- require the collection of voluntary feedback 2017, at 9:30 a.m. to conduct a hearing on services provided by agencies, and for tomer feedback; other purposes. on the following nominations: Ernest (2) the people of the United States deserve W. Dubester, of Virginia, Colleen Kiko, a Federal Government that provides effi- f of North Dakota, and James Thomas cient, effective, and high-quality services TEXT OF AMENDMENTS Abbott, of Virginia, each to be a Mem- across multiple channels; SA 1580. Mr. DAINES (for Mrs. ber of the Federal Labor Relations Au- (3) many agencies, offices, programs, and Federal employees provide excellent service MCCASKILL) proposed an amendment to thority. to individuals, however many parts of the SELECT COMMITTEE ON INTELLIGENCE the bill S. 1088, to require the collec- Federal Government still fall short on deliv- tion of voluntary feedback on services The Select Committee on Intel- ering the customer service experience that provided by agencies, and for other ligence is authorized to meet during individuals have come to expect from the purposes; as follows: the session of the Senate on Tuesday, private sector;

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.020 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7067 (4) according to the 2016 American Cus- feedback shall not be treated differently by (i) include and maintain on a publicly tomer Satisfaction Index, the Federal Gov- the agency for purposes of providing services available website links to the information ernment ranks among the bottom of all in- or information; provided on the websites of covered agencies dustries in the United States in customer (3) the solicitation does not include more under subparagraph (A); and satisfaction; than 10 questions; (ii) for purposes of clause (i), establish a (5) providing quality services to individ- (4) the voluntary nature of the solicitation website or make use of an existing website, uals improves the confidence of the people of is clear; such as the website required under section the United States in their government and (5) the proposed solicitation of voluntary 1122 of title 31, United States Code. helps agencies achieve greater impact and feedback will contribute to improved cus- (2) AGGREGATED REPORT.—Each covered fulfill their missions; and tomer service; agency shall publish, on a regular basis, an (6) improving service to individuals re- (6) solicitations of voluntary feedback are aggregated report on the solicitation of vol- quires agencies to work across organiza- limited to 1 solicitation per interaction with untary feedback sent to individuals or enti- tional boundaries, leverage technology, col- an individual or entity; ties, which shall include— lect and share standardized data, and develop (7) to the extent practicable, the solicita- (A) the intended purpose of each solicita- customer-centered mindsets and service tion of voluntary feedback is made at the tion of voluntary feedback conducted by the strategies. point of service with an individual or entity; covered agency; (b) SENSE OF CONGRESS.—It is the sense of (8) instruments for collecting voluntary (B) the appropriate point of contact within Congress that all agencies should strive to feedback are accessible to individuals with each covered agency for each solicitation of provide high-quality, courteous, effective, disabilities in accordance with section 508 of voluntary feedback conducted; and efficient services to the people of the the Rehabilitation Act of 1973 (29 U.S.C. (C) the questions or survey instrument United States and seek to measure, collect, 794d); and submitted to members of the public as part report, and utilize metrics relating to the ex- (9) internal agency data governance poli- of the solicitation of voluntary information; perience of individuals interacting with cies remain in effect with respect to the col- and agencies to continually improve services to lection of voluntary feedback from individ- (D) a description of how the covered agen- the people of the United States. uals and entities. cy uses the voluntary feedback received by SEC. 3. DEFINITIONS. SEC. 6. CUSTOMER EXPERIENCE DATA COLLEC- the covered agency to improve the customer In this Act: TION. service of the covered agency. (1) ADMINISTRATOR.—The term ‘‘Adminis- (a) COLLECTION OF RESPONSES.—The head of SEC. 7. CUSTOMER EXPERIENCE SCORECARD RE- trator’’ means the Administrator of General each covered agency (or a designee), assisted PORT. Services. by and in coordination with the Chief Per- (a) IN GENERAL.—Not later than 15 months (2) AGENCY.—The term ‘‘agency’’ has the formance Officer or other senior accountable after the date of enactment of this Act, and meaning given the term in section 3502 of official for customer service of the covered annually thereafter for 10 years, the Comp- title 44, United States Code. agency, shall collect voluntary feedback troller General of the United States shall (3) COVERED AGENCY.—The term ‘‘covered with respect to services of or transactions make publicly available and submit to the agency’’ means an agency or component of with the covered agency. Committee on Homeland Security and Gov- ernmental Affairs of the Senate and the an agency that is required by the Director to (b) CONTENT OF QUESTIONS.— Committee on Oversight and Government collect voluntary feedback øunder¿ for pur- (1) STANDARDIZED QUESTIONS.—The Direc- Reform of the House of Representatives a poses of section 6, based on an assessment of tor, in coordination with the Administrator, scorecard report assessing the quality of the components and programs of the agency shall develop a set of standardized questions services provided to the public by each cov- with the highest impact on or number of for use by covered agencies in collecting vol- ered agency. interactions with individuals or entities. untary feedback under this section that ad- (b) CONTENTS.—The report required under (4) DIRECTOR.—The term ‘‘Director’’ means dress— subsection (a) shall include— the Director of the Office of Management (A) overall satisfaction of individuals or (1) a summary of the information required and Budget. entities with the specific interaction or serv- to be published by covered agencies under (5) VOLUNTARY FEEDBACK.—The term ‘‘vol- ice received; section 6(d); and untary feedback’’ has the meaning given the (B) the extent to which individuals or enti- (2) an analysis of administrative and legis- term in section 3502 of title 44, United States ties were able to accomplish their intended lative barriers to improving service delivery Code, as added by section 4 of this Act. task or purpose; by covered agencies. SEC. 4. APPLICATION OF THE PAPERWORK RE- (C) whether the individual or entity was DUCTION ACT TO COLLECTION OF treated with respect and professionalism; Mr. DAINES. Mr. President, I further VOLUNTARY FEEDBACK. (D) whether the individual or entity be- ask unanimous consent that the com- Subchapter I of chapter 35 of title 44, lieves they were served in a timely manner; mittee-reported amendments be agreed United States Code (commonly known as the and to, the McCaskill amendment at the ‘‘Paperwork Reduction Act’’), is amended— (E) any additional metrics as determined desk be considered and agreed to, the (1) in section 3502— by the Director, in coordination with the Ad- bill, as amended, be considered read a (A) in paragraph (13)(D), by striking ‘‘and’’ ministrator. third time and passed, and the motion at the end; (2) ADDITIONAL QUESTIONS.—In addition to to reconsider be considered made and (B) in paragraph (14), by striking the pe- the questions developed under paragraph (1), riod at the end and inserting ‘‘; øand¿ or’’; the Chief Performance Officer or other sen- laid upon the table with no intervening and ior accountable official for customer service action or debate. (C) by adding at the end the following: at a covered agency may develop questions The PRESIDING OFFICER. Without ‘‘(15) the term ‘voluntary feedback’ means relevant to the specific operations or pro- objection, it is so ordered. any submission of information, opinion, or grams of the covered agency. The committee-reported amendments concern that is— (c) ADDITIONAL REQUIREMENTS.—To the ex- were agreed to. ‘‘(A) voluntarily made by a specific indi- tent practicable— The amendment (No. 1580) was agreed vidual or other entity relating to a par- (1) each covered agency shall collect vol- to, as follows: ticular service of or transaction with an untary feedback across all platforms or (Purpose: To improve the bill) agency; and channels through which the covered agency ‘‘(B) specifically solicited by that agen- interacts with individuals or other entities On page 6, line 17, strike ‘‘Chief Perform- cy.’’; and to deliver information or services; and ance Officer’’ and insert ‘‘Performance Im- (2) in section 3518(c)(1)— (2) voluntary feedback collected under this provement Officer’’. On page 7, line 18, strike ‘‘Chief Perform- (A) in subparagraph (C), by striking ‘‘or’’ section shall be tied to specific transactions ance Officer’’ and insert ‘‘Performance Im- at the end; or interactions with customers of the cov- (B) in subparagraph (D), by striking the pe- provement Officer’’. ered agency. On page 9, lines 22 and 23, strike ‘‘date of riod at the end and inserting ‘‘; and’’; and (d) REPORTS.— enactment of this Act, and annually there- (C) by adding at the end the following: (1) ANNUAL REPORT TO THE DIRECTOR.— after for 10 years’’ and insert ‘‘date on which ‘‘(E) by an agency that is voluntary feed- (A) IN GENERAL.—Not later than 1 year all covered agencies have submitted the first back.’’. after the date of enactment of this Act, and annual reports to the Director required SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK. not less frequently than annually thereafter, under section 6(d)(1), and every 2 years there- Each agency that solicits voluntary feed- each covered agency shall publish on the after until the date that is 10 years after back shall ensure that— website of the covered agency and submit to such date’’. (1) responses to the solicitation of vol- the Director, in a manner determined by the On page 10, lines 3 and 4, strike ‘‘quality of untary feedback remain anonymous and Director, a report that includes the vol- services provided to the public by each cov- shall not be traced to specific individuals or untary feedback required to be collected ered agency’’ and insert ‘‘data collected and entities; under this section. reported by the covered agencies’’. (2) individuals and entities who decline to (B) CENTRALIZED WEBSITE.—The Director On page 10, strike lines 10 through 12 and participate in the solicitation of voluntary shall— insert the following:

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(2) a description of how each covered agen- (1) in section 3502— (2) ADDITIONAL QUESTIONS.—In addition to cy will use the voluntary feedback received (A) in paragraph (13)(D), by striking ‘‘and’’ the questions developed under paragraph (1), by the covered agency to improve service at the end; the Performance Improvement Officer or delivery. (B) in paragraph (14), by striking the pe- other senior accountable official for cus- The bill (S. 1088), as amended, was or- riod at the end and inserting ‘‘; or’’; and tomer service at a covered agency may de- dered to be engrossed for a third read- (C) by adding at the end the following: velop questions relevant to the specific oper- ing, was read the third time, and ‘‘(15) the term ‘voluntary feedback’ means ations or programs of the covered agency. any submission of information, opinion, or passed, as follows: concern that is— (c) ADDITIONAL REQUIREMENTS.—To the ex- S. 1088 ‘‘(A) voluntarily made by a specific indi- tent practicable— Be it enacted by the Senate and House of Rep- vidual or other entity relating to a par- (1) each covered agency shall collect vol- resentatives of the United States of America in ticular service of or transaction with an untary feedback across all platforms or Congress assembled, agency; and channels through which the covered agency SECTION 1. SHORT TITLE. ‘‘(B) specifically solicited by that agen- interacts with individuals or other entities This Act may be cited as the ‘‘Federal cy.’’; and to deliver information or services; and Agency Customer Experience Act of 2017’’. (2) in section 3518(c)(1)— (2) voluntary feedback collected under this SEC. 2. FINDINGS; SENSE OF CONGRESS. (A) in subparagraph (C), by striking ‘‘or’’ section shall be tied to specific transactions (a) FINDINGS.—Congress finds that— at the end; or interactions with customers of the cov- (1) the Federal Government serves the peo- (B) in subparagraph (D), by striking the pe- ered agency. ple of the United States and should seek to riod at the end and inserting ‘‘; and’’; and (d) REPORTS.— continually improve public services provided (C) by adding at the end the following: (1) ANNUAL REPORT TO THE DIRECTOR.— ‘‘(E) by an agency that is voluntary feed- by the Federal Government based on cus- (A) IN GENERAL.—Not later than 1 year tomer feedback; back.’’. after the date of enactment of this Act, and (2) the people of the United States deserve SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK. not less frequently than annually thereafter, a Federal Government that provides effi- Each agency that solicits voluntary feed- each covered agency shall publish on the cient, effective, and high-quality services back shall ensure that— website of the covered agency and submit to across multiple channels; (1) responses to the solicitation of vol- the Director, in a manner determined by the untary feedback remain anonymous and (3) many agencies, offices, programs, and Director, a report that includes the vol- Federal employees provide excellent service shall not be traced to specific individuals or untary feedback required to be collected to individuals, however many parts of the entities; under this section. Federal Government still fall short on deliv- (2) individuals and entities who decline to (B) CENTRALIZED WEBSITE.—The Director ering the customer service experience that participate in the solicitation of voluntary shall— individuals have come to expect from the feedback shall not be treated differently by (i) include and maintain on a publicly private sector; the agency for purposes of providing services available website links to the information (4) according to the 2016 American Cus- or information; provided on the websites of covered agencies tomer Satisfaction Index, the Federal Gov- (3) the solicitation does not include more under subparagraph (A); and ernment ranks among the bottom of all in- than 10 questions; (ii) for purposes of clause (i), establish a dustries in the United States in customer (4) the voluntary nature of the solicitation website or make use of an existing website, satisfaction; is clear; (5) providing quality services to individ- (5) the proposed solicitation of voluntary such as the website required under section uals improves the confidence of the people of feedback will contribute to improved cus- 1122 of title 31, United States Code. the United States in their government and tomer service; (2) AGGREGATED REPORT.—Each covered helps agencies achieve greater impact and (6) solicitations of voluntary feedback are agency shall publish, on a regular basis, an fulfill their missions; and limited to 1 solicitation per interaction with aggregated report on the solicitation of vol- (6) improving service to individuals re- an individual or entity; untary feedback sent to individuals or enti- quires agencies to work across organiza- (7) to the extent practicable, the solicita- ties, which shall include— tional boundaries, leverage technology, col- tion of voluntary feedback is made at the (A) the intended purpose of each solicita- lect and share standardized data, and develop point of service with an individual or entity; tion of voluntary feedback conducted by the customer-centered mindsets and service (8) instruments for collecting voluntary covered agency; strategies. feedback are accessible to individuals with (B) the appropriate point of contact within (b) SENSE OF CONGRESS.—It is the sense of disabilities in accordance with section 508 of each covered agency for each solicitation of Congress that all agencies should strive to the Rehabilitation Act of 1973 (29 U.S.C. voluntary feedback conducted; provide high-quality, courteous, effective, 794d); and (C) the questions or survey instrument and efficient services to the people of the (9) internal agency data governance poli- submitted to members of the public as part United States and seek to measure, collect, cies remain in effect with respect to the col- of the solicitation of voluntary information; report, and utilize metrics relating to the ex- lection of voluntary feedback from individ- and perience of individuals interacting with uals and entities. (D) a description of how the covered agen- agencies to continually improve services to SEC. 6. CUSTOMER EXPERIENCE DATA COLLEC- cy uses the voluntary feedback received by the people of the United States. TION. the covered agency to improve the customer SEC. 3. DEFINITIONS. (a) COLLECTION OF RESPONSES.—The head of service of the covered agency. In this Act: each covered agency (or a designee), assisted SEC. 7. CUSTOMER EXPERIENCE SCORECARD RE- (1) ADMINISTRATOR.—The term ‘‘Adminis- by and in coordination with the Performance PORT. trator’’ means the Administrator of General Improvement Officer or other senior ac- Services. countable official for customer service of the (a) IN GENERAL.—Not later than 15 months (2) AGENCY.—The term ‘‘agency’’ has the covered agency, shall collect voluntary feed- after the date on which all covered agencies meaning given the term in section 3502 of back with respect to services of or trans- have submitted the first annual reports to title 44, United States Code. actions with the covered agency. the Director required under section 6(d)(1), (b) CONTENT OF QUESTIONS.— (3) COVERED AGENCY.—The term ‘‘covered and every 2 years thereafter until the date agency’’ means an agency or component of (1) STANDARDIZED QUESTIONS.—The Direc- that is 10 years after such date, the Comp- an agency that is required by the Director to tor, in coordination with the Administrator, troller General of the United States shall collect voluntary feedback for purposes of shall develop a set of standardized questions section 6, based on an assessment of the com- for use by covered agencies in collecting vol- make publicly available and submit to the ponents and programs of the agency with the untary feedback under this section that ad- Committee on Homeland Security and Gov- highest impact on or number of interactions dress— ernmental Affairs of the Senate and the with individuals or entities. (A) overall satisfaction of individuals or Committee on Oversight and Government (4) DIRECTOR.—The term ‘‘Director’’ means entities with the specific interaction or serv- Reform of the House of Representatives a the Director of the Office of Management ice received; scorecard report assessing the data collected (B) the extent to which individuals or enti- and Budget. and reported by the covered agencies. (5) VOLUNTARY FEEDBACK.—The term ‘‘vol- ties were able to accomplish their intended untary feedback’’ has the meaning given the task or purpose; (b) CONTENTS.—The report required under term in section 3502 of title 44, United States (C) whether the individual or entity was subsection (a) shall include— Code, as added by section 4 of this Act. treated with respect and professionalism; (1) a summary of the information required SEC. 4. APPLICATION OF THE PAPERWORK RE- (D) whether the individual or entity be- to be published by covered agencies under DUCTION ACT TO COLLECTION OF lieves they were served in a timely manner; section 6(d); and VOLUNTARY FEEDBACK. and (2) a description of how each covered agen- Subchapter I of chapter 35 of title 44, (E) any additional metrics as determined cy will use the voluntary feedback received United States Code (commonly known as the by the Director, in coordination with the Ad- by the covered agency to improve service de- ‘‘Paperwork Reduction Act’’), is amended— ministrator. livery.

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A07NO6.033 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — SENATE S7069 NATIONAL SUICIDE HOTLINE days after the date of enactment of this Act, re- mittee-reported substitute amendment IMPROVEMENT ACT OF 2017 port to the Commission on— be agreed to, the bill, as amended, be (i) the potential impact of the designation of Mr. DAINES. Mr. President, I ask considered read a third time and an N11 dialing code, or other covered dialing passed, and the motion to reconsider be unanimous consent that the Senate code, for a suicide prevention and mental health proceed to the immediate consider- crisis hotline system on— considered made and laid upon the ation of Calendar No. 256, S. 1015. (I) suicide prevention; table. The PRESIDING OFFICER. The (II) crisis services; and The PRESIDING OFFICER. Without clerk will report the bill by title. (III) other suicide prevention and mental objection, it is so ordered. The bill clerk read as follows: health crisis hotlines, including— The committee-reported amendment (aa) the National Suicide Prevention Lifeline; A bill (S. 1015) to require the Federal Com- in the nature of a substitute was and agreed to. munications Commission to study the feasi- (bb) the Veterans Crisis Line; and bility of designating a simple, easy-to-re- (ii) possible recommendations for improving The bill (S. 1015), as amended, was or- member dialing code to be used for a na- the National Suicide Prevention Lifeline gen- dered to be engrossed for a third read- tional suicide prevention and mental health erally, which may include— ing, was read the third time, and crisis hotline system. (I) increased public education and awareness; passed. and There being no objection, the Senate f proceeded to consider the bill, which (II) improved infrastructure and operations. had been reported from the Committee (C) VA STUDY AND REPORT TO ASSIST COMMIS- ORDERS FOR WEDNESDAY, SION.—To assist the Commission in conducting NOVEMBER 8, 2017 on Commerce, Science, and Transpor- the study under paragraph (1), the Secretary of tation, with an amendment to strike Veterans Affairs shall study and, not later than Mr. DAINES. Mr. President, I ask all after the enacting clause and insert 180 days after the date of enactment of this Act, unanimous consent that when the Sen- in lieu thereof the following: report to the Commission on how well the Na- ate completes its business today, it ad- SECTION 1. SHORT TITLE. tional Suicide Prevention Lifeline and the Vet- journ until 10 a.m. on Wednesday, No- This Act may be cited as the ‘‘National Sui- erans Crisis Line, as in effect on the date on vember 8; further, that following the which the study is initiated, is working to ad- cide Hotline Improvement Act of 2017’’. prayer and pledge, the morning hour be SEC. 2. DEFINITIONS. dress the needs of veterans. (b) PRIMARY COMMISSION REPORT.— deemed expired, the Journal of pro- In this Act— ceedings be approved to date, the time (1) the term ‘‘Commission’’ means the Federal (1) IN GENERAL.—Not later than 1 year after Communications Commission; the date of enactment of this Act, the Commis- for the two leaders be reserved for their (2) the term ‘‘covered dialing code’’ means a sion, in coordination with the Assistant Sec- use later in the day, and morning busi- simple, easy-to-remember, 3-digit dialing code; retary for Mental Health and Substance Use ness be closed; further, that following and and the Secretary of Veterans Affairs, shall sub- leader remarks, the Senate proceed to (3) the term ‘‘N11 dialing code’’ means an ab- mit a report on the study conducted under sub- executive session and resume consider- section (a) that recommends whether a par- breviated dialing code consisting of 3 digits, of ation of the Robb nomination which— ticular N11 dialing code or other covered dialing code should be used for a national suicide pre- postcloture; finally, that all time dur- (A) the first digit may be any digit other than ing recess, adjournment, morning busi- ‘‘1’’ or ‘‘0’’; and vention and mental health crisis hotline system (B) each of the last 2 digits is ‘‘1’’. to— ness, and leader remarks count (A) the Committee on Commerce, Science, and SEC. 3. STUDIES AND REPORTS. postcloture on the Robb nomination. Transportation of the Senate; (a) PRIMARY STUDY.— The PRESIDING OFFICER. Without (B) the Committee on Health, Education, (1) IN GENERAL.—The Commission, in coordi- objection, it is so ordered. Labor, and Pensions of the Senate; and nation with the Assistant Secretary for Mental (C) the Committee on Energy and Commerce of f Health and Substance Use and the Secretary of the House of Representatives. Veterans Affairs, shall conduct a study that— (2) ADDITIONAL CONTENTS.—If the report sub- ADJOURNMENT UNTIL 10 A.M. (A) examines the feasibility of designating an mitted by the Commission under paragraph (1) TOMORROW N11 dialing code or other covered dialing code to recommends that a dialing code should be used, be used for a national suicide prevention and Mr. DAINES. Mr. President, if there the report shall also— mental health crisis hotline system; and is no further business to come before (A) outline the logistics of designating such a (B) analyzes the effectiveness of the National dialing code; the Senate, I ask unanimous consent Suicide Prevention Lifeline as of the date on (B) estimate the costs associated with desig- that it stand adjourned under the pre- which the study is initiated, including how well nating such a dialing code, including— vious order. the lifeline is working to address the needs of (i) the costs incurred by service providers, in- There being no objection, the Senate, veterans. cluding— (2) REQUIREMENTS.— at 6:24 p.m., adjourned until Wednes- (I) translation changes in the network; and (A) COMMISSION.—In conducting the study day, November 8, 2017, at 10 a.m. (II) cell site analysis and reprogramming by under paragraph (1), the Commission shall— wireless carriers; and f (i) consider— (ii) the costs incurred by States and localities; (I) each of the N11 dialing codes, including (C) provide recommendations for designating CONFIRMATIONS the codes that are used for other purposes; and such a dialing code; (II) other covered dialing codes; Executive nominations confirmed by (D) provide a cost-benefit analysis comparing (ii) consult with the North American Num- the Senate November 7, 2017: the recommended dialing code with the National bering Council; and DEPARTMENT OF JUSTICE Suicide Prevention Lifeline, as in effect on the (iii) review the information provided by the date on which the report is submitted; and STEVEN ANDREW ENGEL, OF THE DISTRICT OF COLUM- Assistant Secretary for Mental Health and Sub- BIA, TO BE AN ASSISTANT ATTORNEY GENERAL. (E) make other recommendations, as appro- stance Use and the Secretary of Veterans Af- priate, for improving the National Suicide Pre- DEPARTMENT OF DEFENSE fairs under subparagraphs (B) and (C), respec- vention Lifeline generally, which may include— JOHN H. GIBSON II, OF TEXAS, TO BE DEPUTY CHIEF tively, of this paragraph. (i) increased public education and awareness; MANAGEMENT OFFICER OF THE DEPARTMENT OF DE- (B) SAMHSA STUDY AND REPORT TO ASSIST FENSE. and COMMISSION.—To assist the Commission in con- (ii) improved infrastructure and operations. DEPARTMENT OF COMMERCE ducting the study under paragraph (1), the As- Mr. DAINES. Mr. President, I ask DAVID J. REDL, OF NEW YORK, TO BE ASSISTANT SEC- sistant Secretary for Mental Health and Sub- RETARY OF COMMERCE FOR COMMUNICATIONS AND IN- stance Use shall analyze and, not later than 180 unanimous consent that the com- FORMATION.

VerDate Sep 11 2014 02:25 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 9801 E:\CR\FM\G07NO6.051 S07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1521 EXTENSIONS OF REMARKS

TRIBUTE HONORING THE 80TH AN- ing, the first medical training program for Afri- reconciliation and racial progress. The ‘‘Selma NIVERSARY OF THE EDMUNDITE can-American women in the area. Accords of 1972,’’ which brought about signifi- MISSIONS In 1947, Father Nelson Ziter launched the cant progress in the city, was negotiated in Don Bosco Boys’ Club (1947–1966), named part by Assistant Missions Director Father HON. TERRI A. SEWELL after the patron saint of youth work. For the James Robinson. OF ALABAMA next 19 years until 1966, the club helped hun- The incredible work done by the Edmundite Missions over the last 80 years has had life- IN THE HOUSE OF REPRESENTATIVES dreds of black youth prepare and win the fi- nancial assistance needed to attend college. changing impacts that reach far beyond the Tuesday, November 7, 2017 Father Ziter devoted countless hours and days immediate communities they support. Today Ms. SEWELL of Alabama. Mr. Speaker, I to ensuring the success of every youth who the Edmundite Missions continue to work tire- rise today to celebrate the 80th Anniversary of came into the club. lessly to provide essential nutritional, edu- the Edmundite Missions at Our Lady of Queen On a personal note, I can attest to the cation and healthcare services and programs of Peace Catholic Church in Selma, Alabama. transformative power of the Don Bosco Boys’ throughout the region. In 2016 alone, the Mis- For 80 years the Edmundite Missions has Club. My dad, Andrew A. Sewell and many of sions provided more than 300,000 meals, faithfully served poor and underprivileged his close friends, credit the support, love and helped house or assisted to clothe more than communities throughout the Deep South. guidance of Father Ziter for changing the tra- 6,000 people, aided in the healthcare of more The Edmundite Missions, whose legal name jectory of their lives. My dad and many of his than 2,000 people and participated in the edu- is ‘‘Fathers of St. Edmund Southern Mission’’, teammates received athletic scholarships to cation of more than 10,000 children. is rooted in the Gospel of Jesus Christ and fo- historically black colleges—becoming first gen- The citizens of Selma and surrounding cuses on providing food, clothing and shelter eration college graduates. The Club and its Black Belt counties have come a long way to poor and marginalized children and families, ministry helped to break the cycle of poverty since 1937, when Edmundite Missionaries young adults and seniors of all faith traditions. for these African American boys such that began their work there. For 80 years, the Their work aims to address issues of systemic they became teachers, doctors, lawyers and Edmundite Missions has partnered with dis- poverty in the region while sharing the hope even priests. The Sewell family is forever in- tressed, underserved communities to provide they believe only comes through faith. While debted to the generous support and assist- direct action and assistance to alleviate the the Edmundite Mission in Alabama is ance the Edmundite Missions has given to the conditions of poverty in Deep South. We are headquartered in Selma, their outreach area communities of Selma and throughout the stronger, more inclusive and better resourced includes the Alabama counties of Butler, Dal- Black Belt for over 80 years. because of their efforts. las, Lowndes, Monroe, Perry and Wilcox, and The Mission has a long history of seeing be- I ask my colleagues to join me in cele- New Orleans, Louisiana. yond color, creed or financial status. Their phi- brating the 80th Anniversary of the Edmundite The inspiring story of Edmundite Missions losophy was never more relevant than during Missions and in recognizing its many contribu- began with a call to action when in 1936 Pope the turbulent years of the civil rights and vot- tions. May the glory of Edmundite Missions Pius XI appealed to the Society of St. Edmund ing rights movements. The Edmundites found continue to grow and prosper for years to to go minister to the African-Americans of the themselves the center of controversy during come. Deep South, whom the Pope felt had been ne- the 1960s, when they were the only whites in f glected by both church and state. The Selma who openly supported the voting rights HONORING MARIAN B. TASCO Edmundites responded by selecting two young movement. During the 1950s and 1960s, the priests, Father Francis Casey, S.S.E. and Fa- Mission and its priest and sisters worked with ther John ‘‘Barney’’ Paro, S.S.E., to take on Selma black and white leaders, its business HON. DWIGHT EVANS the assignment. They wrote to Bishop Thomas community and its white ministers to open the OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES J. Toolen of Mobile, who invited them to set lines of communication between the races. up a ‘‘colored mission’’ in Selma. They believed that progress could be achieved Tuesday, November 7, 2017 Fathers Casey and Paro arrived in Selma in Selma without violence or confrontations. Mr. EVANS. Mr. Speaker, I rise today to on July 6, 1937, and moved into a former sa- During the March from Selma to Mont- honor an influential and dedicated woman loon on Broad Street. They discovered thou- gomery, the Edmundites led by Father Ouellet, from Philadelphia, Marian B. Tasco, a devoted sands of people living in extreme poverty, played a critical role. On March 7, 1965, the public official, and former City Council rep- similar to that of a third world country. In re- brutal confrontation at the Edmund Pettus resentative for the Ninth District of the City of sponse, they began their outreach by con- Bridge caught the attention of the nation. Philadelphia. ducting door-to-door evangelization of the Scores of wounded marchers poured into the Marian Tasco has dedicated her life and ca- black community and building a small chapel, emergency room at Good Samaritan Hospital, reer to improving the lives of others through St. Elizabeth’s Mission. Initially, they were met where doctors, nurses and Sisters worked public service. Prior to being elected to public with skepticism and resentment by both the around the clock to address the crisis. Good office, Marian Tasco was a Campaign Man- black and white communities in Selma. But Samaritan Hospital won national praise for its ager for former Congressman William H. Gray, their services to the poor gradually won them treatment of the victims of the infamous III, and served as Director of Constituent Serv- respect from the community. Bloody Sunday confrontation, including pro- ices for Gray’s Philadelphia office. She also The work of the Edmundite Missions helped viding medical treatment to our colleague, served as an assistant to the late C. Delores to transform the communities of Alabama’s Congressman JOHN LEWIS. Tucker, the former Secretary of State for the rural Black Belt during some of the most tur- Father Ouellet left Selma in June of 1965, Commonwealth of Pennsylvania and earlier in bulent times of race relations in American his- on orders from Archbishop Toolen of Mobile, her career, served as Task Force Coordinator tory. In 1940, the Missions welcomed the Sis- who was angered by the Father’s identification for the Greater Philadelphia Urban Affairs Co- ters of Saint Joseph (S.S.J.) from Rochester, with the marchers and wanted a quieter re- alition, under the leadership of Charles W. New York, who came to Selma to provide sponse. When he said goodbye to his weep- Bowser, Esq. Marian Tasco first went to work education and social ministry. The Sisters of ing parishioners, Father Ouellet urged them to for the City of Philadelphia in 1959 as a clerk St. Joseph started St. Elizabeth’s School in remain loyal to the Church and to their typist I, in the Philadelphia Police Depart- 1941 and Holy Infant Inn (a nursing home) in dreams. ‘‘All that we do we must do with ment’s Pawn Brokers Division. She was soon 1943. In 1944, the Edmundites purchased love,’’ he told them. ‘‘Let there be no hatred, promoted to a clerk typist II position and was Selma Good Samaritan Hospital, a rundown let there be no bitterness, and let there be no reassigned to the Registrar’s Office of the infirmary for blacks, and the Sisters set about desire for any revenge.’’ Philadelphia Museum of Art. transforming it into a modern facility. They es- Reconciliation was a long time in coming, Prestigiously, Marian Tasco stands out as tablished the Good Samaritan School of Nurs- but the Missions continued to work quietly for the first African-American elected Philadelphia

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

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K07NO8.001 E07NOPT1 E1522 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2017 City Commissioner (1983–1987). She also would have voted Yea on Roll Call votes 607 Mr. Donahue’s dedication to his country served as the Ward Leader for the renowned and 608, and Nay on Roll Call vote 609. leaves behind a legacy which will inspire fu- 50th Ward, where she was unanimously elect- f ture leaders and public servants. I ask my fel- ed by the Pennsylvania Democratic State low Members to join me in recognizing Super- Committee to represent Pennsylvania on the HONORING LONNIE RICHARDSON intendent John Donahue and his 38 years of Democratic National Committee. service. In 1988, Marian Tasco was elected as a HON. ERIC A. ‘‘RICK’’ CRAWFORD f Councilwoman for the Ninth District of the City OF ARKANSAS of Philadelphia, a position she held until 2016. IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION As a Councilwoman, she served as both City Tuesday, November 7, 2017 HON. MAC THORNBERRY Council Majority Leader and Majority Whip. Mr. CRAWFORD. Mr. Speaker, I rise today Her leadership was greatly valued by her OF TEXAS in honor of Lonnie Richardson of Mountain IN THE HOUSE OF REPRESENTATIVES council colleagues and the administrations she View, Arkansas, who recently celebrated his served alongside. 100th birthday on September 12th. Tuesday, November 7, 2017 As a veteran legislator, she understood the Lonnie was born in 1917, in the Signal Hill Mr. THORNBERRY. Mr. Speaker, on Mon- importance of holding elected officials ac- community of Mountain View. In 1942, he an- day, November 6, 2017, I was unable to be in countable for their productivity and was ex- swered the call of duty and was drafted into Washington and missed Roll Call votes No. ceedingly effective in her commitment to ob- the U.S. Army. He served for four years during 607, To amend title 38, United States Code, to tain services that preserve and enhance the and after World War II, rising to the rank of authorize the Secretary of Veterans Affairs to quality of life for her constituency. Impres- corporal. After the war, Lonnie returned home furnish assistance for adaptations of resi- sively, she introduced and secured the pas- to the Ozarks. He settled down, raised a fam- dences of veterans in rehabilitation programs sage of a multitude of bills and resolutions that ily, and tended to the family farm. under chapter 31 of such title, and for other directly relate to improving general city serv- Lonnie is truly a member of the greatest purposes; and No. 608, To direct the Sec- ices, protecting and enhancing the health and generation. We are all measured relative to retary of Veterans Affairs to submit to the welfare of women, children, and families, and people like Lonnie, who preserved global free- Committees on Veterans’ Affairs of the Senate making Philadelphia neighborhoods and com- dom, built our communities, and continue to and the House of Representatives a report re- mercial corridors safe havens for all citizens. shape America today. I hope you and Con- garding the organizational structure of the De- In addition to using her political influence to gress will join me in wishing Lonnie Richard- partment of Veterans Affairs, and for other accomplish all of the above-outlined deeds, son a happy 100th birthday. purposes. Had I been present, I would have Marian Tasco chaired the City Council Public f voted Yes on both bills. Health and Human Services Committee and the Council Committee on Finance. While IN RECOGNITION OF SUPER- f Marian Tasco’s board appointments are many, INTENDENT JOHN J. DONAHUE 2017 WOMAN OF THE YEAR AWARD she is held in high esteem and recognized for ON THE OCCASION OF HIS RE- WINNER—SHEILA ALLEN her commitment as the chair of the Philadel- TIREMENT phia Gas Commission, a lifetime appointment HON. JOHN GARAMENDI on the Board of Directors for the Board of City HON. MATT CARTWRIGHT OF CALIFORNIA Trusts, the Philadelphia Cultural Fund and the OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Pennsylvania Convention Center Authority IN THE HOUSE OF REPRESENTATIVES Tuesday, November 7, 2017 Board. Tuesday, November 7, 2017 With more than 50 years of combined serv- Mr. GARAMENDI. Mr. Speaker, I rise today ice, Marian Tasco has received countless Mr. CARTWRIGHT. Mr. Speaker, I rise to recognize Sheila Allen, a proven leader in awards and honors from numerous commu- today to recognize Delaware Water Gap Na- the Davis, California community who em- nity, civic and religious organizations. Those tional Recreation Area Superintendent John J. bodies the qualities of a true public servant. recognitions include: an Honorary Doctorate of Donahue. After a 38-year tenure with the Na- Sheila is currently the Executive Director of Law degree from Lincoln University; the Great- tional Park Service, Mr. Donahue has an- the Yolo Healthy Aging Alliance. She has er Philadelphia Urban Affairs Coalition Dwight nounced he will retire on December 3, 2017. been instrumental in building an organization Evans Living Legacy Award, a Lifetime Long before he advanced to his current po- that serves as a vital voice for older adults in Achievement Award from the Pennsylvania sition at the Delaware Water Gap National Yolo County and elected officials and commu- Women’s Campaign Fund; a Good House- Recreation Area in 2003, Mr. Donahue began nity leaders consider her the expert in ad- keeping Magazine Award for Women in Gov- his federal career as a gardener at Cape Cod dressing senior issues. Sheila is credited with ernment, and a Pennsylvania Federation of National Seashore. From there he advanced organizing the 2010 Aging Summit that recog- Democratic Women’s Elected Women of the through the ranks, serving in a variety of roles nized the need for sustained attention of older Year Award. Most recently, she was ranked in that took him across the continental U.S. After adults. Her leadership has enhanced the lives the top 20 by Philadelphia Magazine for Most many years, a man who had started his career of countless older adults in Yolo County Influential people, was honored by WES as a gardener became the Superintendent of through educational programs, collaboration Health System through the renaming of some of our country’s most beautiful sites in with over 80 providers of older adult services Lindley Court Apartments as the Marian B. Florida, Virginia, and Maryland. and is a faithful advocate for needed programs Tasco Arms, and bestowed ‘‘Best Kingmaker’’ As a dedicated leader, Mr. Donahue and services at every level of government. through the 2016 Best of Philly Awards for her oversaw critical projects and built relationships Working alongside County Supervisor support in electing James Kenney as mayor. with elected officials, business partners, and Provenza, Sheila was instrumental in helping The 2nd Congressional District of Pennsyl- local Native American tribes. Due to a recent to advocate for a new Adult Day Health Care vania extends gratitude to Marian Tasco for stewardship land acquisition program, there Center in Woodland as well as a Memory her dedicated support and service to the Com- are now hundreds of acres of connected open Center in Davis. Sheila also advocated for leg- monwealth of Pennsylvania. space stretching across Pennsylvania and islation to protect seniors from abuse and pro- f New Jersey. However, this is just a singular vide greater access to services in the commu- testament to his commitment and drive. During nity. She is currently working on a similar PERSONAL EXPLANATION his tenure, Mr. Donahue has written legisla- project in Winters, California. tion, regulations, policies, an numerous arti- Sheila’s community involvement includes, HON. LUIS V. GUTIE´RREZ cles. Trustee, Davis Unified School District, Board OF ILLINOIS The impact of Mr. Donahue’s work extends Member, First Five Yolo, Board of Director, IN THE HOUSE OF REPRESENTATIVES beyond our country’s borders. Recently, he led Explorit Science Center, Board of Governors, an American and international delegation to Agency on Aging, Board of Directors, Amer- Tuesday, November 7, 2017 China on behalf of the National Park Service. ican Nurses Association, Board of Director, Mr. GUTIE´ RREZ. Mr. Speaker, I was un- He also attended the World Parks Conference Golden State Nursing Foundation, Advisory avoidably absent in the House chamber for in Australia and served on a 1999 delegation Committee, Yolo County Home Supportive Roll Call votes 607, 608, and 609 on Monday, to Haitian national parks in order to spur tour- Services, Member, Yolo County Health Coun- November 6, 2017. Had I been present, I ism and economic development. cil, Member, City of Davis Human Relations

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K07NO8.002 E07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1523 Commission, and Advisory Committee, gether to end homelessness. She has been ter’s degree in educational administration from Unitrans. Sheila holds a B.S. in Nursing from instrumental in the development and now the Sonoma State University and her doctoral de- University of Wisconsin, Masters and a PhD in implementation of Solano County’s Neighbors gree in educational leadership from the Uni- Nursing from University of San Francisco. Helping Neighbor-Forward Together 5-Year versity of Southern California. f Strategic Plan to address homelessness. Tranine is also active in the Solano Napa f RECOGNIZING THE 50TH Habitat for Humanity program where she ac- HONORING RICHARD COOVER FOR ANNIVERSARY OF CONVAL tively participates as a crew member on com- HIS LEGACY AND COURAGEOUS munity building days, as well as serves on the SERVICE HON. JOE COURTNEY Family Selection Committee to identify families OF CONNECTICUT most in need of a Habitat Home. HON. RAUL RUIZ IN THE HOUSE OF REPRESENTATIVES f OF CALIFORNIA Tuesday, November 7, 2017 PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Mr. COURTNEY. Mr. Speaker, I rise today Tuesday, November 7, 2017 to recognize the 50th anniversary of Conval, HON. Mr. RUIZ. Mr. Speaker, I rise to celebrate Inc., located in Somers, CT. OF COLORADO the life and honor the memory of Richard In 1962, WWII Navy veteran, Chester IN THE HOUSE OF REPRESENTATIVES Coover, a loving father and husband. Richard, ‘‘Chet’’ Siver designed a line of high-pressure, who valiantly served our nation during World forged steel valves in his basement in Long- Tuesday, November 7, 2017 War II in the U.S. Marine Corps, passed away meadow, Massachusetts. After a brief period Mr. POLIS. Mr. Speaker, I was unavoidably on October 27, 2017 at the age of 92. overseeing Hamilton Standard’s use of his de- absent on November 6, 2017. Had I been In February 1945, three U.S. Marine divi- sign, Mr. Siver eventually regained the rights present for the following Roll Call votes: sions landed on Iwo Jima, Japan; Richard was to his product and set up shop. Conval, or H.R. 3562—To amend title 38, United one of them. He not only survived the war, but ‘‘Connecticut Valve’’, was founded on Novem- States Code, to authorize the Secretary of he also endured and bravely defended our ber 7, 1967. Veterans Affairs to furnish assistance for ad- country facing many challenges. He fought Today Conval is the premier manufacturer aptations of residences of veterans in rehabili- right at the bottom of Mount Suribachi while of high quality, high temperature, and high tation programs under chapter 31 of such title, bearing the sound of explosions that lasted all pressure forged steel valves in the world. and for other purposes, I would have voted night long. Conval valves are used in a variety of indus- Yea as this legislation would make it easier for Richard is indeed a hero. He was just a tries, including fossil power, nuclear power, the VA to assist veterans who are in need of young man, thousands of miles away from his pulp and paper, and water treatment. adaptations made to their homes to receive home, his friends, and his family when he As the town’s largest private employer, care. bravely served our country in Japan. His ac- Conval has become an institution in Somers. On H.R. 1066—VA Management Alignment tions embody the true meaning of valor. This family-owned and operated small busi- Act of 2017—Motion on Ordering the Previous When I met Richard, I was deeply touched ness, now overseen by Chet’s son, Frank Question on the Rule providing for consider- by his humility and spirit of service. He pas- Siver, is an American success story that has ation of H.R. 2936, I would have voted Yea as sionately expressed his love for our nation and stayed true to Siver’s commitment to making this legislation would require the VA to submit was proud to have witnessed the U.S. flag Conval ‘‘a nice place to work.’’ For example, a report on the individual roles and account- being raised in Iwo Jima. His courage and when it came time to expand, Conval elected ability mechanisms of the VA. strength is truly an inspiration. to stay close to home to accommodate its em- f Richard’s courage was displayed not only ployees and their families. Their new facility, overseas, but also when fighting against can- located in nearby Enfield, CT, is set to open 2017 WOMAN OF THE YEAR AWARD cer. My office had the honor to help him ob- in February 2018. WINNER—RONDA DAROSA tain medical assistance. I even had the hum- Mr. Speaker, please join me in honoring bling opportunity to present him with a flag Conval for their fifty-year commitment to great HON. JOHN GARAMENDI that was flown over the U.S. Capitol in honor American manufacturing and community. May OF CALIFORNIA of his service. Throughout the process, Rich- they enjoy continued success for years to IN THE HOUSE OF REPRESENTATIVES ard maintained an admirable and graceful come. Tuesday, November 7, 2017 presence. f Mr. GARAMENDI. Mr. Speaker, I rise today Mr. Speaker, I am proud to recognize and 2017 WOMAN OF THE YEAR AWARD to recognize Dr. Ronda DaRosa of Woodland, honor an outstanding constituent, Richard WINNER—TRANINE CHISOM California, who has dedicated her 33-year ca- Coover. On behalf of California’s 36th Con- reer to Education. Her broad educational ex- gressional District, I extend my deepest re- HON. JOHN GARAMENDI perience includes 12 years of private and pub- spects and condolences to his family. His years of committed service to our nation are OF CALIFORNIA lic classroom instruction at the intermediate to an example of excellence and dedication, all IN THE HOUSE OF REPRESENTATIVES adult education levels, 21 years in an adminis- trative role at schools and county office levels should seek to emulate. Tuesday, November 7, 2017 implementing programs focused on alternative f Mr. GARAMENDI. Mr. Speaker, I rise today and special education, developing curriculum to recognize Ms. Tranine Chisom of Fairfield, for college preparatory and career technical 2017 WOMAN OF THE YEAR AWARD California, who has dedicated her career to programs, designing and implementing profes- WINNER—ROBIN DEWEY community service and improving support for sional development opportunities for K–12 people with mental health disabilities and teachers and administrators, and facilitating HON. JOHN GARAMENDI those who experience housing challenges and school reform at the secondary and middle OF CALIFORNIA homelessness. As the Director of Supported school levels. IN THE HOUSE OF REPRESENTATIVES Housing of Caminar in Solano County, Tranine Dr. DaRosa currently serves as the Deputy has tirelessly worked with property owners, Superintendent for the Yolo County Office of Tuesday, November 7, 2017 and city and county officials to increase and Education; a position that is well deserved. In Mr. GARAMENDI. Mr. Speaker, I rise today leverage affordable housing resources for our her capacity as an administrator, she is com- to recognize Ms. Robin Dewey, a dedicated most vulnerable citizens. Annually, Tranine mitted to providing quality education and deliv- advocate for individuals living with disabilities and her team provide supportive housing serv- ers a wide range of services to the children, in Davis, California, who is committed to serv- ices to over 100 residents who might not oth- parents and K–12 school districts in Yolo ing her community. As President of Team erwise be able to obtain or maintain affordable County. Davis, a nonprofit organization established to housing on their own. Dr. DaRosa holds credentials in the areas of help enrich the lives of children and adults Ms. Chisom also serves as the Board Chair- Life Sciences, Introductory Mathematics, Lan- with developmental, cognitive, and physical woman for Housing First Solano, a coalition of guage Development Specialist and Edu- disabilities, Ms. Dewey has demonstrated her service providers in Solano County working to- cational Administration. She received her mas- devotion to an underserved community.

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K07NO8.005 E07NOPT1 E1524 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2017 Thanks to her dedication, people with disabil- Fellow with the Essie Justice Center. A social ognition from the Environmental Protection ities have been provided opportunities for ex- worker by profession, Sakari embodies the Agency, the Small Business Administration, periences that give them a sense of accom- qualities and the desire to advocate for the Department of Housing and Urban Devel- plishment, purpose, and belonging. Ms. women and families in need of compassion, opment, the Chambers of Commerce and the Dewey has brought to life the mission of her empathy and guidance due to the incarcer- North American Development Bank. For ex- organization, helping disabled individuals build ation of their loved one. ample, during The Great Recession in 2008, physical skills, a sense of camaraderie, and a Inspired by her own situation, Sakari worked he was the first person in the country to offer stronger connection with the Davis community. full time for Health and Social Services pro- a dedicated technical assistance phone line to For decades Ms. Dewey has served her viding resources to children and families when respond to small business owner’s needs. community by advocating for equity, social jus- she joined the Essie Justice Center. Through This accomplishment helped shift the focus tice, and opportunity for disabled individuals. the organizations Healing to Advocacy pro- from the lack of loans to an emphasis on Not only does she serve a typically isolated gram, Sakari has helped many women find ‘‘small business survival skills.’’ community with compassion, consistency, and strength to heal from their wounds through Mr. Speaker, I ask my colleagues to join me authenticity, but she also ensures that her vol- guidance, compassion and faith. She empow- in recognizing the career achievements of unteers do the same. Ms. Dewey’s service to ers and encourages them to be advocates for Carlos G. Mendoza. I congratulate Mr. Men- her community does not end with the disabled themselves and their children. doza for his many accomplishments through- people she helps, but continues with the com- As a single parent of four children, Sakari out his career and ask that you join me in passionate service she teaches to everyone in was able to pursue her education and holds wishing him and his wife Lydia, continued suc- her organization. both a B.A. and M.S. degree. cess and happiness. f f f HONORING GEORGE FRANCIS LEE, PERSONAL EXPLANATION 2017 WOMAN OF THE YEAR AWARD M.D. WINNER—RITA MONTES MARTIN HON. JOHN K. DELANEY HON. JARED HUFFMAN OF MARYLAND HON. JOHN GARAMENDI OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Tuesday, November 7, 2017 IN THE HOUSE OF REPRESENTATIVES Tuesday, November 7, 2017 Mr. DELANEY. Mr. Speaker, I was unable Tuesday, November 7, 2017 to cast my vote on Roll Call No. 607, No. 608, Mr. HUFFMAN. Mr. Speaker, I rise today in Mr. GARAMENDI. Mr. Speaker, I rise today and No. 609. Had I been present to vote on recognition of Dr. George Francis Lee, a heal- to recognize Rita Montes Martin, a lifelong en- Roll Call No. 607, I would have voted YEA; er with a heart of gold, who passed away on trepreneur and community activist in the Had I been present to vote on Roll Call No. September 26, 2017. Davis, California community. At 95, she’s led 608, I would have voted YEA; Had I been Dr. Lee was born in Brooklyn, New York, on an extraordinary life and has no desire to re- present to vote on Roll Call No. 609, I would March 1, 1941. He was the oldest of five chil- tire. She embodies the true meaning of a pub- have voted NAY. dren and spent the majority of his youth in up- lic servant and community activist. state New York where he met his future wife, f Rita is an iconic personality in the Davis Katherine Temple. They were married on Au- HONORING THE CAREER OF community, having developed many relation- gust 24, 1963. CARLOS MENDOZA ships with community organizers, business After graduating from Albany Medical Col- leaders and elected officials; you will always lege of Union University in 1968, Dr. Lee and HON. JIM COSTA find her advocating for a local initiative or even his family moved to California in 1969 where OF CALIFORNIA take on a national policy. If it’s good for the he completed his residency in Obstetrics and IN THE HOUSE OF REPRESENTATIVES community then Rita will be involved. Rita is Gynecology at the University of California, San also active with Davis Media Access, a media Francisco. Throughout his career he was rec- Tuesday, November 7, 2017 company focused on education programming ognized for his exceptional bedside manner as Mr. COSTA. Mr. Speaker, I rise today to as a way of strengthening community. well as his compassionate and trusted nature recognize the career achievements of Carlos Rita has worn many hats, but the prepon- as a physician. His work in medicine not only G. Mendoza, the U.S. Small Business Admin- derance of her career has been in real estate. improved the lives of women and children in istration’s Fresno District Director. Mr. Men- She was a loan officer and the only female San Francisco, but throughout California and doza retired on Nov. 3, 2017 after more than appraiser for Great Western, as well as other the United States. 40 years of federal service. He has worked financial institutions, and worked closely with In 1977, Dr. Lee and his family built their tirelessly in his career for small businesses builders and developers throughout her ca- home, the Old Chatham Ranch in Yorkville, and community development. reer. She held a leadership position as execu- California. As a resident of Mendocino County, Mr. Mendoza began his federal civil service tive vice president, property management of George was active in the community, helping career in 1975 as an architect at the Philadel- Pegasus group. establish the Mendocino Wine Growers, Inc. phia Naval Shipyard. He is a graduate of the Rita has several irons in the fire, a serial en- and serving on numerous committees, includ- University of California, Berkeley and has ad- trepreneur and problem solver, Rita is also in- ing the Anderson Valley School Board and the vanced degrees from Princeton University and volved in political activism and is considered Anderson Valley Health Center. California State University, East Bay. After an author, screen play writer and friend to Dr. George Francis Lee has led a life dedi- successfully completing several assignments many in the Davis community. cated to healing and helping people every- for the U.S. Navy, he transferred to the U.S. f where. He is survived by his wife Katherine, Department of Housing and Urban Develop- and his children Barbara, Kelly, and Douglas. ment and quickly rose into the managerial HONORING CONRADY JUNIOR HIGH Please join me in recognizing Dr. Lee’s life of ranks. SCHOOL FOR BEING NAMED A service. In 1992, Mr. Mendoza began his term with NATIONAL BLUE RIBBON SCHOOL f the U.S. Small Business Administration, be- coming the Deputy District Director of the Los HON. DANIEL LIPINSKI 2017 WOMAN OF THE YEAR AWARD Angeles District office before serving as Dis- OF ILLINOIS WINNER—SAKARI LYONS trict Director in El Paso and Fresno. As District IN THE HOUSE OF REPRESENTATIVES Director in Fresno, he was responsible for HON. JOHN GARAMENDI small business development in Central Cali- Tuesday, November 7, 2017 OF CALIFORNIA fornia and the Central Coast. He expanded re- Mr. LIPINSKI. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES sources in the Central Valley, bringing in the congratulate Conrady Junior High School for Emerging Leaders mini MBA program, several receiving the prestigious 2017 U.S. Depart- Tuesday, November 7, 2017 PRIME grants, a Women’s Business Center ment of Education National Blue Ribbon Mr. GARAMENDI. Mr. Speaker, I rise today and the Small Business Development Center. School Award. The school’s award was con- to recognize Sakari Lyons, a strong advocate Mr. Mendoza is known for his passion to ferred under the Exemplary High Performing for women in Solano County, California as a make a difference. His work has received rec- Schools category.

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K07NO8.008 E07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1525 In 1982, the U.S. Department of Education IN MEMORY OF STAFF SERGEANT As an Army veteran myself, I extend my established the National Blue Ribbon Schools DUSTIN WRIGHT most sincere gratitude and appreciation to Program to recognize public and private James and his shipmates for their service, and schools with high or significantly improved HON. RICHARD HUDSON offer my condolences to the families of the achievement. I am proud that Conrady Junior OF NORTH CAROLINA sailors lost at sea. With the wreckage having High School, located in Hickory Hills, has IN THE HOUSE OF REPRESENTATIVES recently been located on August 19th of this been honored as an exceptional school. year, it is yet another reminder of their incred- Tuesday, November 7, 2017 The teachers and staff at Conrady Junior ible sacrifice, and gives us an opportunity to High take great care to focus on the needs of Mr. HUDSON. Mr. Speaker, I rise today to recognize them for taking on a mission that individual students, and this hard work is re- honor the life and legacy of Staff Sergeant was so important to ending World War II. flected in the school’s academic performance. Dustin Wright, who was killed in action on I was proud to join Congressman BISHOP The school employs a unique curriculum with Wednesday, October 4, 2017 while defending last week in introducing legislation that would variable length math periods based on student our nation as part of the 3rd Special Forces authorize the Congressional Gold Medal to be need, and daily periods of exploratory and Group in Africa. SSG Wright was a true Amer- awarded to the crew of the U.S.S. Indianapolis intervention classes. ican hero and our thoughts and prayers go out in recognition of their perseverance, their brav- This is not the first time Conrady Junior to his friends and family as they mourn the ery and their service to our nation. I am for- High has been honored for excellence in edu- loss of this great man. ever grateful to the men and women who cation. The school was designated as a Na- Enlisting in the United States Army in July serve our great nation, especially to those who tional Title I Distinguished School in 2014, of 2012, SSG Wright’s list of accomplishments make the ultimate sacrifice in order to protect which recognizes success in educating stu- runs long. After attending Special Forces As- our freedom. dents who come from families with low socio- sessment and Selection program, he earned f economic status. As Principal Andy Anderson his Green Beret and was assigned to 2nd Bat- 2017 WOMAN OF THE YEAR AWARD often says, ‘‘Conrady is a hard place to work, talion, 3rd Special Forces Group. He received WINNER—SUSAN SCHWARTZ but a great place to work.’’ numerous medals, including the Purple Heart The Positive Behavior Interventions and and Meritorious Service Medal. Supports (PBIS) program and the Academic Men and women like SSG Wright represent HON. JOHN GARAMENDI Student Success Enrichment Teams (AS- the best our nation has to offer. As a Special OF CALIFORNIA SETS) developed by teachers and administra- Forces Engineer Sergeant, he had undergone IN THE HOUSE OF REPRESENTATIVES some of the most intense training our military tors have also had a positive impact on stu- Tuesday, November 7, 2017 dent achievement. This success has resulted has and emerged as a leader and role model. in visits by teachers and administrators from His selflessness allows us to enjoy the bless- Mr. GARAMENDI. Mr. Speaker, I rise today other schools seeking to learn about their cur- ings of liberty that have persevered for well to recognize Ms. Susan Schwartz of Vacaville, riculum, methodology, and technology integra- over 200 years. When his country needed him California, who is passionate about helping tion. most, he stood ready to answer the call to young people grow, helping small businesses prosper, and helping in the community. Susan Mr. Speaker, I ask my colleagues to join me serve our great nation. is known as the ‘‘volunteer extraordinaire’’ at in congratulating Conrady Junior High School Our country can never repay the debt we the Vacaville Neighborhood Boys and Girls for this impressive achievement and recog- owe to SSG Wright. He was a model citizen Club where she lives by the motto ‘‘children nizing the teachers, administrators, students, and soldier whose legacy will live on forever. don’t care how much you know, until they parents, and community for the hard work that He will always be remembered and I will do know how much you care.’’ Her genuine con- they have put in to earn this award. everything in my power to honor his sacrifice. Mr. Speaker, please join me today in com- cern for the club youth is evident in everything memorating the life of Staff Sergeant Dustin she does which earned her recognition as the f Wright for his service to God and country. organization’s 2013 Volunteer of the Year and 2017 WOMAN OF THE YEAR AWARD f the 2016 Champions for Children Award by WINNER—SHARON PHIPPENS the Solano Kids Insurance Program. RECOGNIZING THE CREW OF U.S.S. Ms. Schwartz has launched multiple projects ‘‘INDIANAPOLIS’’ FOR THEIR at the club to include the Holiday Give Back HON. JOHN GARAMENDI COVERT OPERATION TO BRING for toys and donations for the needy, as well OF CALIFORNIA OVER COMPONENTS OF THE as the Garden Project that helps teach, grow, IN THE HOUSE OF REPRESENTATIVES ‘‘LITTLE BOY’’ ATOMIC BOMB TO prepare, and consume meals from grown for TINIAN Tuesday, November 7, 2017 themselves as well as the needy and home- less. Mr. GARAMENDI. Mr. Speaker, I rise today HON. DAVID P. ROE Susan has taken her advocacy for children, to recognize Ms. Sharon Phippens of Orland, OF TENNESSEE and expanded it into the community by work- California, who has led an exciting, dynamic IN THE HOUSE OF REPRESENTATIVES ing as the driving force in a group to bring the life, never straying from a desire to serve. The Miss Representation Project to Solano County. Tuesday, November 7, 2017 wife of a Foreign Service Officer, Ms. Partnering with the Kroc Center and Brenden Phippens travelled the world and adapted to Mr. ROE of Tennessee. Mr. Speaker, today Theater, she helped sponsor the showing of unknown situations, all in service to her coun- I honor the nearly 1200 crew members who the films The Miss Representation Project and try and her family. Ms. Phippens was a first- were aboard the U.S.S. Indianapolis when it The Mask You Live In. Ms. Schwartz’s com- hand witness of some of our country’s most was attacked by a Japanese submarine in the mitment to service has brought these films interesting history through her work for two early morning of July 30, 1945. Among those that raise awareness of gender stereotypes, American embassies and her service in the sailors was Seaman Second Class James and help young people better understand the United States Justice Department during Smith, a resident of the First Congressional issues we all face to over three hundred chil- President Nixon’s resignation. District now living in Blountville, Tennessee. dren and their parents. Ms. Phippens later pursued an extensive The ‘‘Indy’’ was returning from a secret trip f and varied education which she has put to use to Tinian, carrying critical parts and the en- serving her community. Ms. Phippens has riched uranium for the atomic bomb Little Boy, HONORING LIBERTY ELEMENTARY worked in law enforcement, patient advocacy, when it was struck by two torpedoes that SCHOOL education, and social work; all fields which al- caused massive damage to the hull. She sank lowed her to work serving others. In every after only 12 minutes. While approximately HON. JARED HUFFMAN role, Ms. Phippens distinguished herself as 900 of the crew members made it into the OF CALIFORNIA someone who would go above and beyond. water after the attack, only a fraction of them IN THE HOUSE OF REPRESENTATIVES She has also served on the boards of organi- survived the conditions in which they found zations that provide support to people in times themselves. Seaman Smith was one of just Tuesday, November 7, 2017 of need. Ms. Phippens has used her many tal- over 300 survivors, and had to survive for Mr. HUFFMAN. Mr. Speaker, I rise today to ents to the benefit of her community, lending nearly four days in shark-infested waters rely- recognize Petaluma’s Liberty Elementary her skills to a wide variety of fields. ing on few food rations before being rescued. School for its selection as a 2017 National

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.009 E07NOPT1 E1526 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2017 Blue Ribbon School by the U.S. Department of 2017 WOMAN OF THE YEAR AWARD enced Marines. Those who served with him Education. Chosen for its exemplary high per- WINNER—SUSAN SCOTT recall that after battles he always took the time formance, as measured by state and national to talk to everyone under his command, and assessments, Liberty Elementary School was HON. JOHN GARAMENDI was never afraid to crack a joke in order to one of 342 schools to attain this honor from OF CALIFORNIA ease the tension. across the nation and one of only 25 schools IN THE HOUSE OF REPRESENTATIVES Tommy’s bravery during the attack on that selected from California. This highly competi- Tuesday, November 7, 2017 Chattanooga military installation in 2015 will tive award reflects outstanding achievement forever be remembered. On that day, he and the highest caliber of professional service, Mr. GARAMENDI. Mr. Speaker, I rise today helped more than a dozen of his fellow serv- family commitment, and community engage- to recognize Ms. Susan Scott of Marysville, icemen escape when a gunman opened fire. California, who has dedicated her life to help- ment. When he turned back to help two others, he ing children. In her 26 years of service to the unfortunately lost his life. For his valor, With 219 students across seven grades, Marysville Joint Unified School District, Ms. Tommy was posthumously awarded the Lieu- Liberty Elementary School offers comprehen- Scott performed many duties, from outreach, tenant J. Frank Murphy Medal of Valor—an sive educational programs that academically to attendance, to working as a school librarian. annual award given by the Springfield Vet- challenge and instill a joy of learning in its stu- In every role, she demonstrated her devotion erans’ Activities Committee to a resident who dents while ensuring that all children have the to children and their education. Ms. Scott has risked their lives to save others. His family skills and knowledge to reach their full poten- a strong understanding and appreciation of the was also honored with Tommy’s third Purple tial. role schools play in the growth and develop- Heart which was awarded to him for his heroic Mr. Speaker, this hard-earned distinction re- ment of students. actions. In keeping with her dedication to her com- flects true community success. From the stu- Mr. Speaker, in closing, I would like to once munity’s education system, Ms. Scott ran for a dents and their families, to the staff and ad- again honor Gunnery Sergeant Thomas Sul- position on the Marysville Joint Unified School ministrators, and the extended community, livan for his courage and service to our coun- District Board of Trustees. She was elected by try. He was loyal to his family, his friends, and Liberty Elementary School has developed an an overwhelming majority, becoming the first the extraordinary individuals of the Marine education model for the state and the nation: African American woman elected in Yuba Corps and all of our nation’s Armed Forces. empowering today’s students to be tomorrow’s County. Ms. Scott’s community recognized her To Tommy’s family, please know that the problem-solvers, inventors, and pioneers. commitment to making a difference in the lives United States of America will never forget his Please join me in congratulating Liberty Ele- of children and voted to have her continue her heroism and sacrifice and we are eternally mentary School on this impressive work. grateful. achievement. Ms. Scott’s dedication to helping children does not stop at her workplace. She has fos- f tered over 25 children in her home, helping to f ensure that children have a safe and wel- IN RECOGNITION OF NANCY AND IN MEMORY OF SERGEANT LA coming home in a time of need. Ms. Scott also DAVID T. JOHNSON GARY STEWART, AND THEIR sponsors a charitable program, ‘‘To Tanzania SHOP, SANDWICH DEPOT, A CON- With Love,’’ which provides financial assist- CORD INSTITUTION ance to an orphanage in Tanzania. Whether in HON. RICHARD HUDSON her role as a foster parent, serving her com- OF NORTH CAROLINA munity’s education system, or supporting chil- HON. ANN M. KUSTER dren in a developing nation, Ms. Scott has IN THE HOUSE OF REPRESENTATIVES OF NEW HAMPSHIRE shown her devotion to the betterment of chil- Tuesday, November 7, 2017 dren’s lives. IN THE HOUSE OF REPRESENTATIVES f Mr. HUDSON. Mr. Speaker, I rise today to honor the life and legacy of Sergeant La David Tuesday, November 7, 2017 IN RECOGNITION OF GUNNERY T. Johnson, who was killed in action on Ms. KUSTER of New Hampshire. Mr. SERGEANT THOMAS J. SUL- Wednesday, October 4, 2017 while defending LIVAN, USMC Speaker, I rise today to recognize Nancy and our nation as part of the 3rd Special Forces Gary Stewart, the owners of Sandwich Depot Group in Africa. SGT Johnson was a true in my hometown of Concord, New Hampshire. HON. RICHARD E. NEAL American hero and our thoughts and prayers Through hard work and dedication, Nancy and OF MASSACHUSETTS go out to his friends and family as they mourn Gary, along with their employees, created a IN THE HOUSE OF REPRESENTATIVES the loss of this great man. truly special place in our community. Tuesday, November 7, 2017 Enlisting in the United States Army in Janu- ary of 2014, SGT Johnson’s list of accomplish- Sandwich Depot opened for business over Mr. NEAL. Mr. Speaker, I would like to take ments runs long. After completion of Ad- 28 years ago. In the time since, they have this opportunity to recognize and honor Gun- vanced Individual Training, earning the Military turned an inconspicuous building on the side nery Sergeant Thomas ‘‘Tommy’’ Sullivan of occupational specialty 91B Wheeled Vehicle of Hall Street into one of the best sandwich the United States Marine Corps. On Thursday Mechanic, he was assigned to 2nd Battalion, shops in the state. Over the years, a lot has July 16, 2015, a gunman attacked a Naval Re- 3rd Special Forces Group. He received nu- changed in Concord, but one thing has re- serve Center in Chattanooga, Tennessee. merous medals, including the Purple Heart mained the same: if you want a world-class During that senseless act of violence, Gunnery and Meritorious Service Medal. Sergeant Sullivan made the ultimate sacrifice breakfast or lunch, you can find it at the Sand- Men and women like SGT Johnson rep- by giving his life to defend his fellow service wich Depot. Gary has an uncanny ability to re- resent the best our nation has to offer. His member customers’ names, and his warm members. Tommy Sullivan was born and raised in selflessness allows us to enjoy the blessings smile and humor make any visitor feel wel- of liberty that have persevered for well over come. Nancy cooks and assembles sand- Springfield, Massachusetts. He graduated from Cathedral High School in 1994, and be- 200 years. When his country needed him wiches that leave everyone full and satisfied. most, he stood ready to answer the call to The shop is covered in historic pictures of came a Marine three years later. His friends and family all attest that Tommy was deter- serve our great nation. Concord and local antique signs, which add to Survived by a loving family, our country can the sense that the Depot is a uniquely Con- mined to serve his county since a young age. Over the course of nearly two decades in the never repay the debt we owe to SGT John- cord institution. military, Tommy survived two tours in Iraq, son. He was a model citizen and soldier My family, friends, and staff—as well as ev- was awarded two Purple Hearts, and made a whose legacy will live on forever. He will al- eryone in the Concord community—will all lasting impression on all those who served ways be remembered and I will do everything miss the Sandwich Depot, but we are con- with him. Many have proudly said that he was in my power to honor his sacrifice. fident that Nancy and Gary will continue to everything that a Marine should be. He was a Mr. Speaker, please join me today in com- make wonderful contributions to the Concord natural leader who always kept his memorating the life of Sergeant La David T. area in the years to come. composure, and who mentored less experi- Johnson for his service to God and country.

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A07NO8.012 E07NOPT1 November 7, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1527 2017 WOMAN OF THE YEAR AWARD mained both a national and local institution of- gram in 1982 to recognize public and private WINNER—TRACEE STACY fering educational programming for youth, schools with high or significantly improved emergency communications, cultural pro- achievement. I am proud that Lemont High HON. JOHN GARAMENDI grams, and providing for the unique broad- School has been honored as one of these ex- OF CALIFORNIA casting needs of rural and small towns. In fact, ceptional schools. IN THE HOUSE OF REPRESENTATIVES more than 170 million Americans rely on pub- Mr. Speaker, I ask my colleagues to join me Tuesday, November 7, 2017 lic broadcasting every month. in congratulating Lemont High School for this Fifty years ago, the enactment of the Public impressive achievement, and recognizing the Mr. GARAMENDI. Mr. Speaker, I rise today Broadcasting Act created the Corporation for teachers, administrators, students, parents, to recognize Ms. Tracee Stacy of Vacaville, Public Broadcasting and led to the establish- and community for the hard work that they California, who is committed to serving her ment of the Public Broadcasting Service and have put in to earn this award. community and devotes her time to helping National Public Radio. Today, I commemorate those who are most vulnerable. Ms. Stacy this law’s 50th anniversary signing and cele- f dedicates her time, talent, and expertise to im- brate the critical services public broadcasting PERSONAL EXPLANATION proving the lives of seniors throughout Solano continues to provide as America’s most trust- County. She works tirelessly to help particu- ed source of news and information. larly disadvantaged seniors facing disabilities, It’s no surprise that an overwhelming major- HON. J. FRENCH HILL isolation, mental illness, and poverty. Ms. ity of Americans want to maintain or even in- OF ARKANSAS Stacy is an integral part of Solano County’s crease the federal contribution. That’s why IN THE HOUSE OF REPRESENTATIVES ability to provide services to seniors in need, Congress, time and time again, has committed Tuesday, November 7, 2017 and her expertise is unparalleled. She is con- to funding public broadcasting through the ap- tinuously working to make a positive difference Mr. HILL. Mr. Speaker, I was absent from propriations process. Each federal dollar dedi- the House and missed votes on Tuesday, Oc- for seniors in her community. cated to public broadcasting leverages six pri- Ms. Stacy is generous, passionate, dedi- tober 31, and Wednesday, November 1, due vate dollars, usually voluntary contributions. cated, and acts with integrity. She is full of to a family commitment. My colleague, RYAN COSTELLO, and I found- empathy and a fierce advocate for those in Had I been present, I would have voted ed the bipartisan Congressional Public Broad- need. Ms. Stacy has left an indelible mark on YEA on Roll Call No. 591; YEA on Roll Call casting Caucus to unite Members of Congress senior services of Solano County, having al- No. 592; YEA on Roll Call No. 593; NAY on who understand that public broadcasting’s ready dedicated nearly 20 years of service Roll Call No. 594; NAY on Roll Call No. 595; mission is alive, well, and deserving of our and advocacy to seniors, youth, and Solano YEA on Roll Call No. 596; NAY on Roll Call support. We’ll continue working to highlight the County. The positive difference Ms. Stacy has No. 597; YEA on Roll Call No. 598; and YEA importance of the service, the needed federal made in her community cannot be overstated. on Roll Call No. 599. support, and the valuable contributions to our f citizenry. f 100TH ANNIVERSARY OF f IN MEMORY OF STAFF SERGEANT MERCHANT’S GROCERY HONORING LEMONT HIGH SCHOOL BRYAN C. BLACK FOR BEING NAMED A NATIONAL HON. DAVE BRAT BLUE RIBBON SCHOOL OF VIRGINIA HON. RICHARD HUDSON OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES HON. DANIEL LIPINSKI IN THE HOUSE OF REPRESENTATIVES Tuesday, November 7, 2017 OF ILLINOIS Tuesday, November 7, 2017 Mr. BRAT. Mr. Speaker, this year marks the IN THE HOUSE OF REPRESENTATIVES centennial of Merchant’s Grocery. The store Mr. HUDSON. Mr. Speaker, I rise today to has been a cornerstone of community for Tuesday, November 7, 2017 honor the life and legacy of Staff Sergeant Culpeper County and is worth taking the time Mr. LIPINSKI. Mr. Speaker, I rise today to Bryan Black, who was killed in action on to recognize. recognize Lemont High School for being hon- Wednesday, October 4, 2017 while defending The store was founded in 1917 and is one ored with the prestigious 2017 U.S. Depart- our nation as part of the 3rd Special Forces the few stores to make the transition from a ment of Education National Blue Ribbon Group in Africa. SSG Black was a true Amer- Mom and Pop grocery store to a modern food School Award. The award was conferred ican hero and our thoughts and prayers go out service model without losing the culture and under the Exemplary High Performing Schools to his friends and family as they mourn the atmosphere that has made it desirable. category. loss of this great man. Merchant’s Grocery has remained unswerv- District Superintendent Mary Ticknor, School Enlisting in the United States Army in Sep- ing in its care for its customers and employ- Principal Eric Michaelsen, administrative staff, tember of 2009, SSG Black’s list of accom- ees. Their quality of service is what has al- and an amazing group of teachers are com- plishments runs long. After attending Special lowed them to last for 100 years and has kept mitted to Lemont High School’s mission for all Forces Assessment and Selection program, their customers loyal to their industry. students to become life-long, independent he earned his Green Beret and was assigned Businesses such as Merchant’s Grocery are learners and productive citizens. To further the to 2nd Battalion, 3rd Special Forces Group. a taste of an age gone by. These businesses mission, teachers are afforded the freedom to He received numerous medals, including the serve as a reminder of the importance of small take risks in the classroom, and the school en- Purple Heart and Meritorious Service Medal. businesses and the crucial roles they play courages project-based learning with real- Men and women like SSG Black represent within their communities. world applications. In this environment, stu- the best our nation has to offer. As a Special Merchant’s Grocery has been a servant to dents learn that success is open-ended and Forces Medical Sergeant, he had undergone Culpeper County, Shenandoah Valley, and the further educational attainment requires per- some of the most intense training our military area of Central Virginia for the past 100 years sistent hard work and self-improvement. has and emerged as a leader and role model. and will continue to be a blessing to its em- Lemont High School takes pride in pre- His selflessness allows us to enjoy the bless- ployees and customers alike. paring students for their next steps in edu- ings of liberty that have persevered for well f cation and future careers. This past school over 200 years. When his country needed him COMMEMORATING THE 50TH ANNI- year, Lemont students set two school records most, he stood ready to answer the call to VERSARY OF THE PUBLIC with the largest number of students ever to serve our great nation. BROADCASTING ACT take at least one Advanced Placement exam Leaving behind a wife and two sons, our for college credit and the highest percentage country can never repay the debt we owe to HON. EARL BLUMENAUER ever of those exams earning a passing score. SSG Black. He was a model citizen and sol- Lemont High School’s diverse set of accom- dier whose legacy will live on forever. He will OF OREGON plishments, both in and out of the classroom, always be remembered and I will do every- IN THE HOUSE OF REPRESENTATIVES speaks to the effort the school makes to thing in my power to honor his sacrifice. Tuesday, November 7, 2017 produce well-rounded young women and men. Mr. Speaker, please join me today in com- Mr. BLUMENAUER. Mr. Speaker, since its The U.S. Department of Education estab- memorating the life of Staff Sergeant Bryan C. inception, public broadcasting has truly re- lished the National Blue Ribbon Schools Pro- Black for his service to God and country.

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K07NO8.014 E07NOPT1 E1528 CONGRESSIONAL RECORD — Extensions of Remarks November 7, 2017 HONORING MCCLURE JUNIOR HIGH IN RECOGNITION OF THE ACCOM- PERSONAL EXPLANATION SCHOOL FOR BEING NAMED A PLISHMENTS OF THE NATIONAL NATIONAL BLUE RIBBON SCHOOL COMMITTEE TO PRESERVE SO- HON. SCOTT DesJARLAIS CIAL SECURITY AND MEDICARE OF TENNESSEE DURING ITS 35TH ANNIVERSARY HON. DANIEL LIPINSKI IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS Tuesday, November 7, 2017 IN THE HOUSE OF REPRESENTATIVES HON. DEBBIE DINGELL Tuesday, November 7, 2017 Mr. DESJARLAIS. Mr. Speaker, I was un- OF MICHIGAN avoidably detained due to a medical appoint- Mr. LIPINSKI. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ment. Had I been present, I would have voted congratulate McClure Junior High School in Western Springs for receiving the prestigious Tuesday, November 7, 2017 Yea on Roll Call No. 607, and Yea on Roll Call No. 608. 2017 U.S. Department of Education National Mrs. DINGELL. Mr. Speaker, I rise today to Blue Ribbon School Award. McClure Junior recognize the National Committee to Preserve f High was recognized under the Exemplary Social Security and Medicare’s (NCPSSM) High Performing Schools category. 35th anniversary on the day of its Anniversary IN MEMORY OF SERGEANT FIRST In 1982, the Department of Education estab- Open House. NCPSSM has played a critical CLASS JEREMIAH JOHNSON lished the National Blue Ribbon Schools Pro- role in protecting Social Security and Medicare gram to recognize a select group of public and for all Americans. HON. RICHARD HUDSON private schools with high or significantly im- OF NORTH CAROLINA proved achievement. I am proud that McClure With the passage of Medicare in 1965 under has been honored as one of those exceptional Title XVII of the Social Security Act, our coun- IN THE HOUSE OF REPRESENTATIVES schools. try made a promise that seniors can age with Tuesday, November 7, 2017 dignity and security after a lifetime of hard McClure’s mission statement is ‘‘Be respect- Mr. HUDSON. Mr. Speaker, I rise today to ful, be responsible, and be safe.’’ Principal F. work. As with the implementation of any his- toric program, it’s important that there are or- honor the life and legacy of Sergeant First Daniel Chick, his hard-working staff, and the Class Jeremiah Johnson, who was killed in school’s exceptional teachers do a fantastic ganizational watchdogs that ensure our gov- action on Wednesday, October 4, 2017 while job perpetuating this motto by encouraging ernment makes good on its promise to the defending our nation as part of the 3rd Special students to help one another and build a foun- American people. There has been no group Forces Group in Africa. SFC Johnson was a dation of respect throughout the school com- more committed to protecting the tenets of So- true American hero and our thoughts and munity. After winning a National Blue Ribbon cial Security and Medicare than NCPSSM prayers go out to his friends and family as School award in 2010, the staff at McClure over the past 35 years. they mourn the loss of this great man. and in District 101 continued to strive for suc- Founded in 1982 by Congressman James Enlisting in the United States Army in Octo- cess by developing a Professional Learning Roosevelt, NCPSSM served as response to ber of 2007, SFC Johnson’s list of accomplish- Roadmap and undertaking a thorough stra- proposed changes to Social Security and ments runs long. He received numerous med- tegic planning process. Medicare during a time when 24/7 news pro- McClure has promoted student ownership of grams did not exist and seniors needed to be als, including the Purple Heart and Meritorious their education as well as various other pro- informed and mobilized. NCPSSM works side Service Medal. grams to enrich students’ lives and provide for by side with federal, state and local lawmakers Men and women like SFC Johnson rep- a better school experience. A great partner- to protect and build on the safety net pro- resent the best our nation has to offer. As a ship with parents has also played an essential grams that Americans of all ages depend on. Chemical, Biological Radiological and Nuclear role in the school’s success. Parent-run orga- Then, as it does now, the Committee provided Specialist, he had undergone some of the nizations such as the Parent Council and the seniors with a way to organize and make their most specialized training in our military and Spirit Club raise funds that directly impact the voices heard by lawmakers as well as writing emerged as a leader and role model. His self- lives of McClure students. I commend the highly regarded, in depth analysis on Congres- lessness allows us to enjoy the blessings of school for going above and beyond with their sional legislation and Presidential Executive liberty that have persevered for well over 200 offerings for students and I hope that other Orders regarding Social Security, Medicare, years. When his country needed him most, he schools will use them as an outstanding ex- and the federal budget. These documents are stood ready to answer the call to serve our ample to follow. invaluable in helping everyday Americans un- great nation. Mr. Speaker, I ask my colleagues to join me derstand the real impact that legislation will Leaving behind a wife and two girls, our in recognizing McClure Junior High School for have on their day to day life. country can never repay the debt we owe to SFC Johnson. He was a model citizen and this significant achievement and congratulating NCPSSM’s efforts have been instrumental soldier whose legacy will live on forever. He the teachers, administrators, parents, students in passing bills that better the lives of seniors will always be remembered and I will do ev- and community on a job well done. and that protect Social Security and Medicare. erything in my power to honor his sacrifice. f In 2016, the Committee and its members Mr. Speaker, please join me today in com- fought hard to pass the ‘‘Older Americans Re- PERSONAL EXPLANATION memorating the life of Sergeant First Class authorization Act of 2016’’ which funds critical Jeremiah Johnson for his service to God and services that keep older adults healthy and country. HON. ANNA G. ESHOO independent, including job training, senior cen- OF CALIFORNIA ters, benefits enrollment and caregiver sup- f IN THE HOUSE OF REPRESENTATIVES port. Additionally, the Committee continues to Tuesday, November 7, 2017 encourage Americans from all corners of the PERSONAL EXPLANATION Ms. ESHOO. Mr. Speaker, I was not country to participate in petitions, surveys and present during Roll Call vote numbers 564, phone banking, with a total of over 90 million HON. JAMES R. LANGEVIN 565, 566, 567 and 568 on October 12, 2017, petitions and letters sent to Congress and the OF RHODE ISLAND President to date. because of a death in my family. Had I been IN THE HOUSE OF REPRESENTATIVES present, I would have voted: on Roll Call no. Mr. Speaker, I ask my colleagues to join me 564, I would have voted YES; on Roll Call in honoring the National Committee to Pre- Tuesday, November 7, 2017 vote no. 565, I would have voted YES; on Roll serve Social Security and Medicare and its 35 Mr. LANGEVIN. Mr. Speaker, I was un- Call vote no. 566, I would have voted YES; on years of success. Their advocacy has influ- avoidably detained. Had I been present, I Roll Call vote no. 567, I would have voted enced legislation that protects the programs would have voted YEA on Roll Call No. 607; YES; and on Roll Call vote no. 568, I would seniors and hardworking Americans depend YEA on Roll Call No. 608; and NAY on Roll have voted YES. on. Call No. 609.

VerDate Sep 11 2014 04:51 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07NO8.020 E07NOPT1 Tuesday, November 7, 2017 Daily Digest Senate day, November 8, 2017; and that all time during re- Chamber Action cess, adjournment, morning business, and Leader re- Routine Proceedings, pages S7033–S7069 marks count post-cloture on the nomination. Measures Introduced: Eleven bills and two resolu- Page S7069 tions were introduced, as follows: S. 2083–2093, and Nominations Confirmed: Senate confirmed the fol- S. Res. 322–323. Page S7062 lowing nominations: Measures Reported: By 91 yeas to 7 nays (Vote No. EX. 262), John S. 171, to reauthorize and amend the National H. Gibson II, of Texas, to be Deputy Chief Manage- Oceanic and Atmospheric Administration Commis- ment Officer of the Department of Defense. sioned Officer Corps Act of 2002, to reauthorize the Pages S7035–38, S7069 Hydrographic Services Improvement Act of 1998, By 51 yeas to 47 nays (Vote No. EX. 264), Steven with an amendment in the nature of a substitute. (S. Andrew Engel, of the District of Columbia, to be an Rept. No. 115–181) Assistant Attorney General. Pages S7038–54, S7069 Report to accompany S. 2010, to extend the FISA During consideration of this nomination today, Amendments Act of 2008 for 8 years. (S. Rept. No. Senate also took the following action: 115–182) Page S7061 By 51 yeas to 47 nays (Vote No. 263), Senate Measures Passed: agreed to the motion to close further debate on the Federal Agency Customer Experience Act: Senate nomination. Pages S7038, S7069 passed S. 1088, to require the collection of voluntary David J. Redl, of New York, to be Assistant Sec- feedback on services provided by agencies, after retary of Commerce for Communications and Infor- agreeing to the committee amendments, and the fol- mation. Pages S7056, S7069 lowing amendment proposed thereto: Page S7066 Messages from the House: Page S7060 Daines (for McCaskill) Amendment No. 1580, of Measures Referred: Page S7060 a perfecting nature. Pages S7067–68 Executive Communications: Pages S7060–61 National Suicide Hotline Improvement Act: Sen- ate passed S. 1015, to require the Federal Commu- Petitions and Memorials: Page S7061 nications Commission to study the feasibility of des- Executive Reports of Committees: Pages S7061–62 ignating a simple, easy-to-remember dialing code to Additional Cosponsors: Pages S7062–64 be used for a national suicide prevention and mental health crisis hotline system, after agreeing to the Statements on Introduced Bills/Resolutions: committee amendment in the nature of a substitute. Pages S7064–66 Page S7069 Additional Statements: Pages S7058–60 Robb Nomination—Agreement: Senate resumed consideration of the nomination of Peter B. Robb, of Amendments Submitted: Page S7066 Vermont, to be General Counsel of the National Authorities for Committees to Meet: Page S7066 Labor Relations Board. Pages S7054–55 Privileges of the Floor: Page S7066 During consideration of this nomination today, Senate also took the following action: Record Votes: Four record votes were taken today. By 51 yeas to 47 nays (Vote No. 265), Senate (Total—265) Pages S7037–38, S7053–54 agreed to the motion to close further debate on the Adjournment: Senate convened at 10 a.m. and ad- nomination. Page S7054 journed at 6:24 p.m., until 10 a.m. on Wednesday, A unanimous-consent agreement was reached pro- November 8, 2017. (For Senate’s program, see the viding for further consideration of the nomination, remarks of the Acting Majority Leader in today’s post-cloture, at approximately 10 a.m., on Wednes- Record on page S7069.) D1182

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Adcock, University of Mississippi Medical Center, Committee Meetings Jackson; David Armitage, Cartasite, Denver, Colo- (Committees not listed did not meet) rado; Timothy Hassinger, Lindsay Corporation, Omaha, Nebraska; Michael Terzich, Zebra Tech- BUSINESS MEETING nologies, Lincolnshire, Illinois; and Angela Siefer, Committee on Armed Services: Committee ordered favor- National Digital Inclusion Alliance, Columbus, ably reported the nominations of Mark T. Esper, of Ohio. Virginia, to be Secretary of the Army, Robert L. NORTH KOREA’S CYBER CAPABILITIES Wilkie, of North Carolina, to be Under Secretary for Personnel and Readiness, Joseph Kernan, of Florida, Committee on Foreign Relations: Committee received a to be Under Secretary for Intelligence, and Guy B. closed briefing on North Korea’s cyber capabilities Roberts, of Virginia, to be an Assistant Secretary, all and United States policy response from Robert L. of the Department of Defense. Strayer, Deputy Assistant Secretary of State for Cyber and International Communications and Information NOMINATIONS Policy; and an official of the intelligence community. Committee on Armed Services: Committee concluded a hearing to examine the nominations of Robert NOMINATIONS Behler, of Pennsylvania, to be Director of Oper- Committee on Homeland Security and Governmental Af- ational Test and Evaluation, Dean L. Winslow, of fairs: Committee concluded a hearing to examine the Delaware, to be an Assistant Secretary, Thomas B. nominations of Ernest W. Dubester, of Virginia, Modly, of Maryland, to be Under Secretary of the Colleen Kiko, of North Dakota, who was introduced Navy, and James F. Geurts, of Pennsylvania, to be by Representative Sensenbrenner, and James Thomas an Assistant Secretary of the Navy, all of the Depart- Abbott, of Virginia, each to be a Member of the ment of Defense, after the nominees testified and an- Federal Labor Relations Authority, after the nomi- swered questions in their own behalf. nees testified and answered questions in their own BUSINESS MEETING behalf. Committee on Banking, Housing, and Urban Affairs: BUSINESS MEETING Committee ordered favorably reported S. 1591, to impose sanctions with respect to the Democratic Select Committee on Intelligence: Committee ordered fa- People’s Republic of Korea, with an amendment in vorably reported the nomination of John C. Demers, the nature of a substitute. of Virginia, to be an Assistant Attorney General. Committee recessed subject to the call. INTERNET OF THINGS Committee on Commerce, Science, and Transportation: Sub- INTELLIGENCE committee on Communications, Technology, Innova- Select Committee on Intelligence: Committee held closed tion, and the Internet concluded a hearing to exam- hearings on intelligence matters, receiving testimony ine advancing the Internet of Things in rural Amer- from officials of the intelligence community. ica, after receiving testimony from Michael P. Committee recessed subject to the call. h House of Representatives to provide for an operation on a live donor for pur- Chamber Action poses of conducting a transplant procedure for a vet- Public Bills and Resolutions Introduced: 31 pub- eran, and for other purposes, with an amendment lic bills, H.R. 4263–4293; and 4 resolutions, H. (H. Rept. 115–393); Con. Res 90; and H. Res. 608, 610, 611, were in- H.R. 2123, to amend title 38, United States troduced. Pages H8595–97 Code, to improve the ability of health care profes- Additional Cosponsors: Page H8598 sionals to treat veterans through the use of telemedi- cine, and for other purposes (H. Rept. 115–394); Reports Filed: Reports were filed today as follows: H.R. 1133, to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs

VerDate Sep 11 2014 05:22 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07NO7.REC D07NOPT1 D1184 CONGRESSIONAL RECORD — DAILY DIGEST November 7, 2017 H.R. 2601, to amend the Veterans Access, Choice, to ensure that a remarried surviving spouse with de- and Accountability Act of 2014 to improve the ac- pendent children of the deceased member remains el- cess of veterans to organ transplants, and for other igible for installation benefits to which the surviving purposes, with an amendment (H. Rept. 115–395); spouse was previously eligible. Page H8545 H.R. 3634, to amend title 38, United States Suspensions: The House agreed to suspend the rules Code, to ensure that individuals may access docu- and pass the following measures: mentation verifying the monthly housing stipend paid to the individual under the Post-9/11 Edu- Veterans Crisis Line Study Act of 2017: H.R. cational Assistance Program of the Department of 3911, to amend the Securities Exchange Act of 1934 Veterans Affairs (H. Rept. 115–396); with respect to risk-based examinations of Nationally H.R. 3705, to direct the Secretary of Veterans Af- Recognized Statistical Rating Organizations, by a 2/ fairs to require the use of certified mail and plain 3 yea-and-nay vote of 389 yeas to 32 nays, Roll No. language in certain debt collection activities, with an 615; Pages H8545–47, H8581 amendment (H. Rept. 115–397); Clarifying Commercial Real Estate Loans: H.R. H.R. 3949, to amend title 38, United States 2148, amended, to amend the Federal Deposit Insur- Code, to provide for the designation of State approv- ance Act to clarify capital requirements for certain ing agencies for multi-State apprenticeship programs acquisition, development, or construction loans; for purposes of the educational assistance programs Pages H8547–50 of the Department of Veterans Affairs, with an Veteran Urgent Access to Mental Healthcare Act: amendment (H. Rept. 115–398); H.R. 918, amended, to amend title 38, United H.R. 1900, to designate the Veterans Memorial States Code, to direct the Secretary of Veterans Af- and Museum in Columbus, Ohio, as the National fairs to furnish mental health care to certain former Veterans Memorial and Museum, and for other pur- members of the Armed Forces who are not otherwise poses, with an amendment (H. Rept. 115–399, Part eligible to receive such care; Pages H8550–53 1); Veterans Transplant Coverage Act of 2017: H.R. 4173, to direct the Secretary of Veterans Af- H.R. 1133, amended, to amend title 38, United fairs to conduct a study on the Veterans Crisis Line, States Code, to authorize the Secretary of Veterans with an amendment (H. Rept. 115–400); and Affairs to provide for an operation on a live donor H. Res. 609, providing for consideration of the for purposes of conducting a transplant procedure for bill (H.R. 2201) to amend the Securities Act of a veteran; Pages H8553–54 1933 to exempt certain micro-offerings from the Agreed to amend the title so as to read: ‘‘To registration requirements of such Act, and for other amend the Veterans Access, Choice, and Account- purposes (H. Rept. 115–401). Page H8595 ability Act of 2014 to authorize the Secretary of Speaker: Read a letter from the Speaker wherein he Veterans Affairs to provide for an operation on a live appointed Representative Weber to act as Speaker donor for purposes of conducting a transplant proce- pro tempore for today. Page H8525 dure for a veteran, and for other purposes.’’. Recess: The House recessed at 10:51 a.m. and re- Page H8554 convened at 12 noon. Page H8531 National Veterans Memorial and Museum Act: Guest Chaplain: The prayer was offered by the H.R. 1900, amended, to designate the Veterans Me- Guest Chaplain, Chaplain Michael J. Halyard, South morial and Museum in Columbus, Ohio, as the Na- Texas Veterans Health Care System, San Antonio, tional Veterans Memorial and Museum; Pages H8554–56 TX. Pages H8531–32 Journal: The House agreed to the Speaker’s approval Veterans E-Health and Telemedicine Support of the Journal by a yea-and-nay vote of 225 yeas to Act of 2017: H.R. 2123, to amend title 38, United 184 nays with 3 answering ‘‘present’’, Roll No. 612. States Code, to improve the ability of health care Pages H8532, H8544–45 professionals to treat veterans through the use of telemedicine; Pages H8556–58 Gold Star Family Support and Installation Ac- cess Act of 2017: The House agreed to discharge Veterans Increased Choice for Transplanted Or- from committee and pass H.R. 3897, to amend title gans and Recovery Act of 2017: H.R. 2601, amend- 10, United States Code, to provide for the issuance ed, to amend the Veterans Access, Choice, and Ac- of the Gold Star Installation Access Card to the sur- countability Act of 2014 to improve the access of viving spouse, dependent children, and other next of veterans to organ transplants; Pages H8558–60 kin of a member of the Armed Forces who dies Securing Electronic Records for Veterans’ Ease while serving on certain active or reserve duty, and Act of 2017: H.R. 3634, to amend title 38, United

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EXAMINING ANTI-SEMITISM ON COLLEGE monly known as ‘‘Bridge 2’’) as the ‘‘Dean Stone CAMPUSES Bridge’’; H.R. 3905, the ‘‘Minnesota’s Economic Committee on the Judiciary: Full Committee held a Rights in the Superior National Forest Act’’; H.R. hearing entitled ‘‘Examining Anti-Semitism on Col- 4239, the ‘‘SECURE American Energy Act’’; and S. lege Campuses’’. Testimony was heard from public 140, to amend the White Mountain Apache Tribe witnesses. Water Rights Quantification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund. SOVEREIGN IMMUNITY AND THE INTELLECTUAL PROPERTY SYSTEM MICRO OFFERING SAFE HARBOR ACT Committee on the Judiciary: Subcommittee on Courts, Committee on Rules: Full Committee held a hearing on Intellectual Property, and the Internet held a hearing H.R. 2201, the ‘‘Micro Offering Safe Harbor Act’’. entitled ‘‘Sovereign Immunity and the Intellectual The Committee granted, by record vote of 9–4, a Property System’’. Testimony was heard from public structured rule for H.R. 2201. The rule provides one witnesses. hour of debate equally divided and controlled by the chair and ranking minority member of the Com- EXAMINING CHALLENGES IN PUERTO mittee on Financial Services. The rule waives all RICO’S RECOVERY AND THE ROLE OF THE points of order against consideration of the bill. The FINANCIAL OVERSIGHT AND rule provides that the bill shall be considered as MANAGEMENT BOARD read. The rule waives all points of order against pro- Committee on Natural Resources: Full Committee held visions in the bill. The rule makes in order only the a hearing entitled ‘‘Examining Challenges in Puerto amendment printed in the Rules Committee report, Rico’s Recovery and the Role of the Financial Over- if offered by the Member designated in the report, sight and Management Board’’. Testimony was heard which shall be considered as read, shall be debatable from Natalie Jaresko, Executive Director, Financial for the time specified in the report equally divided Oversight and Management Board for Puerto Rico; and controlled by the proponent and an opponent, Noel Zamot, Revitalization Coordinator, Financial shall not be subject to amendment, and shall not be Oversight and Management Board for Puerto Rico; subject to a demand for division of the question. The and Angel Pe´rez Otero, Mayor, Guaynabo, Puerto rule waives all points of order against the amend- Rico. ment printed in the report. The rule provides one LEGISLATIVE MEASURE motion to recommit with or without instructions. Testimony was heard from Chairman Hensarling and Committee on Natural Resources: Subcommittee on En- Representative Maxine Waters of California. ergy and Mineral Resources held a hearing on legis- lation to distribute revenues from oil and gas leasing INVESTING IN SMALL BUSINESSES: THE on the outer Continental Shelf to certain coastal SBIC PROGRAM States, to require sale of approved and scheduled off- Committee on Small Business: Subcommittee on Agri- shore oil and gas leases, to establish offshore wind culture, Energy, and Trade held a hearing entitled lease sale requirements, and to empower States to ‘‘Investing in Small Businesses: The SBIC Program’’. manage the development and production of oil and Testimony was heard from public witnesses. gas on available Federal land, and for other purposes. MISCELLANEOUS MEASURE Testimony was heard from Lynn Helms, Director, North Dakota Industrial Commission, Department Committee on Ways and Means: Full Committee con- of Mineral Resources; and public witnesses. tinued a markup on H.R. 1, the ‘‘Tax Cuts and Jobs Act’’. MISCELLANEOUS MEASURES Committee on Natural Resources: Full Committee began Joint Meetings a markup on H.R. 995, the ‘‘21st Century Respect No joint committee meetings were held. Act’’; H.R. 1532, the ‘‘Poarch Band of Creek Indians Land Reaffirmation Act’’; H.R. 1800, to direct the f Secretary of Agriculture to transfer certain Federal COMMITTEE MEETINGS FOR WEDNESDAY, land to facilitate scientific research supporting Fed- NOVEMBER 8, 2017 eral space and defense programs; H.R. 2504, to en- (Committee meetings are open unless otherwise indicated) sure fair treatment in licensing requirements for the export of certain echinoderms; H.R. 2907, the Senate ‘‘Planning for American Energy Act of 2017’’; H.R. Committee on Commerce, Science, and Transportation: busi- 3469, to designate the bridge located in Blount ness meeting to consider S. 1693, to amend the Commu- County, Tennessee, on the Foothills Parkway (com- nications Act of 1934 to clarify that section 230 of that

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Act does not prohibit the enforcement against providers Subcommittee on Terrorism and Illicit Finance, hear- and users of interactive computer services of Federal and ing entitled ‘‘Financial Intelligence and Enforcement: State criminal and civil law relating to sex trafficking, S. Treasury’s Role in Safeguarding the American Financial 1668, to rename a waterway in the State of New York System’’, 2 p.m., 2128 Rayburn. as the ‘‘Joseph Sanford Jr. Channel’’, and the nominations Committee on Foreign Affairs, Subcommittee on the Mid- of Dana Baiocco, of Ohio, to be a Commissioner of the dle East and North Africa; and Subcommittee on Asia Consumer Product Safety Commission, James Bridenstine, and the Pacific, joint hearing entitled ‘‘The President’s of Oklahoma, to be Administrator of the National Aero- Plan for Afghanistan and Pakistan: Objectives and Re- nautics and Space Administration, Neil Jacobs, of North sources’’, 10 a.m., 2172 Rayburn. Carolina, and Nazakhtar Nikakhtar, of Maryland, both to Subcommittee on the Western Hemisphere, hearing be an Assistant Secretary of Commerce, Bruce Landsberg, entitled ‘‘Examining the Effectiveness of the Kingpin of South Carolina, to be a Member of the National Trans- Designation Act in the Western Hemisphere’’, 2 p.m., portation Safety Board, Raymond Martinez, of New Jer- 2172 Rayburn. sey, to be Administrator of the Federal Motor Carrier Committee on Homeland Security, Full Committee, hearing Safety Administration, and Diana Furchtgott-Roth, of entitled ‘‘Preventing the Next Attack: TSA’s Role in Maryland, to be an Assistant Secretary, both of the De- Keeping Our Transportation Systems Secure’’, 10:30 a.m., partment of Transportation, and Leon A. Westmoreland, HVC–210. of Georgia, to be a Director of the Amtrak Board of Di- Committee on the Judiciary, Full Committee, markup on rectors; to be immediately followed by a hearing to exam- H.R. 3989, the ‘‘USA Liberty Act of 2017’’; and H.R. ine protecting consumers in the era of major data 170, the ‘‘Protect and Grow American Jobs Act’’, 10:15 breaches, 9:45 a.m., SD–106. a.m., 2141 Rayburn. Committee on Environment and Public Works: to hold hear- Committee on Natural Resources, Full Committee, con- ings to examine the nominations of Kathleen Hartnett tinue markup on H.R. 995, the ‘‘21st Century Respect White, of Texas, to be a Member of the Council on Envi- Act’’; H.R. 1532, the ‘‘Poarch Band of Creek Indians ronmental Quality, and Andrew Wheeler, of Virginia, to Land Reaffirmation Act’’; H.R. 180, to direct the Sec- be Deputy Administrator of the Environmental Protec- retary of Agriculture to transfer certain Federal land to fa- tion Agency, 10 a.m., SD–406. cilitate scientific research supporting Federal space and Committee on Foreign Relations: Subcommittee on Africa defense programs; H.R. 2504, to ensure fair treatment in and Global Health Policy, to receive a closed briefing on licensing requirements for the export of certain a readout of Ambassador Haley’s recent trip to Africa, 3 echinoderms; H.R. 2907, the ‘‘Planning for American En- p.m., S–116, Capitol. ergy Act of 2017’’; H.R. 3469, to designate the bridge Committee on Homeland Security and Governmental Affairs: located in Blount County, Tennessee, on the Foothills to hold hearings to examine the nomination of Kirstjen Parkway (commonly known as ‘‘Bridge 2’’) as the ‘‘Dean Nielsen, of Virginia, to be Secretary of Homeland Secu- Stone Bridge’’; H.R. 3905, the ‘‘Minnesota’s Economic rity, 10 a.m., SD–342. Rights in the Superior National Forest Act’’; H.R. 4239, Committee on Indian Affairs: to hold hearings to examine the ‘‘SECURE American Energy Act’’; and S. 140, to S. 1400, to amend title 18, United States Code, to en- amend the White Mountain Apache Tribe Water Rights hance protections of Native American tangible cultural Quantification Act of 2010 to clarify the use of amounts heritage, and S. 465, to provide for an independent out- in the WMAT Settlement Fund, 10 a.m., 1324 Long- side audit of the Indian Health Service, 2:30 p.m., worth. SD–628. Committee on Oversight and Government Reform, Sub- Committee on the Judiciary: to hold hearings to examine committee on National Security, hearing entitled ‘‘Mov- the impact of lawsuit abuse on American small businesses ing the American Embassy in Israel to Jerusalem: Chal- and job creators, 10 a.m., SD–226. lenges and Opportunities’’, 10 a.m., 2154 Rayburn. Committee on Science, Space, and Technology, Subcommittee House on Environment; and Subcommittee on Energy, joint Committee on Education and the Workforce, Subcommittee hearing entitled ‘‘Geoengineering: Innovation, Research, on Early Childhood, Elementary, and Secondary Edu- and Technology’’, 10 a.m., 2318 Rayburn. cation; and Subcommittee on Higher Education and Committee on Small Business, Full Committee, hearing Workforce Development, joint hearing entitled ‘‘Close to entitled ‘‘Hiring More Heroes: A Review of SBA’s Office Home: How Opioids are Impacting Communities’’, 10:30 of Veterans Business Development’’, 11 a.m., 2360 Ray- a.m., 2175 Rayburn. burn. Committee on Energy and Commerce, Subcommittee on Committee on Veterans’ Affairs, Full Committee, markup Health, hearing entitled ‘‘MACRA and Alternative Pay- on H.R. 4242, the ‘‘VA Care in the Community Act’’, ment Models: Developing Options for Value-based Care’’, and H.R. 4243, the ‘‘VA Asset and Infrastructure Review 10 a.m., 2123 Rayburn. Act of 2017’’, 10 a.m., 334 Cannon. Committee on Financial Services, Subcommittee on Mone- Subcommittee on Economic Opportunity, hearing enti- tary Policy and Trade, hearing entitled ‘‘Administration tled ‘‘A Review of the Interagency Transition Assistance Priorities for the International Financial Institutions’’, 10 Program and the Need for Enhanced Outcome Measure- a.m., 2128 Rayburn. ments’’, 2 p.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, November 8 10 a.m., Wednesday, November 8

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the nomination of Peter B. Robb, of Vermont, 3043—Hydropower Policy Modernization Act of 2017. to be General Counsel of the National Labor Relations Consideration of H.R. 2201—Micro Offering Safe Harbor Board, post-cloture. Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Dingell, Debbie, Mich., E1528 Langevin, James R., R.I., E1528 Eshoo, Anna G., Calif., E1528 Lipinski, Daniel, Ill., E1524, E1527, E1528 Blumenauer, Earl, Ore., E1527 Evans, Dwigt, Pa., E1521 Neal, Richard E., Mass., E1526 Brat, Dave, Va., E1527 Garamendi, John, Calif., E1522, E1523, E1523, E1523, Polis, Jared, Colo., E1523 Cartwright, Matt, Pa., E1522 E1524, E1524, E1525, E1525, E1526, E1527 Roe, David P., Tenn., E1525 Costa, Jim, Calif., E1524 Gutie´rrez, Luis V., Ill., E1522 Courtney, Joe, Conn., E1523 Hill, J. French, Ark., E1527 Ruiz, Raul, Calif., E1523 Crawford, Eric A. ‘‘Rick’’, Ark., E1522 Hudson, Richard, N.C., E1525, E1526, E1527, E1528 Sewell, Terri A., Ala., E1521 Delaney, John K., Md., E1524 Huffman, Jared, Calif., E1524, E1525 Thornberry, Mac, Tex., E1522 DesJarlais, Scott, Tenn., E1528 Kuster, Ann M., N.H., E1526

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